N.Y. GOB Law § 5-1502G — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502G
Construction--estate transactions
Status: in_force

§ 5-1502G. Construction--estate transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "estate transactions," must be construed to mean that the\nprincipal authorizes the agent:\n  1. To the extent that an agent is permitted by law thus to act for a\nprincipal, to apply for and to procure, in the name of the principal,\nletters of administration, letters testamentary, letters of trusteeship,\nor any other type of authority, either judicial or administrative, to\nact as a fiduciary of any sort;\n  2. To the extent that an agent is permitted by law thus to act for a\nprincipal, to represent and to act for the principal in all ways and in\nall matters affecting any estate of a decedent, absentee, infant or\nincompetent, or any trust or other fund, out of which the principal is\nentitled, or claims to be entitled, to some share or payment, or with\nrespect to which the principal is a fiduciary;\n  3. Subject to the provisions of paragraph (d) of section 2-1.11 of the\nestates, powers and trusts law, to accept, to reject, to receive, to\nreceipt for, to sell, to assign, to release, to pledge, to exchange, or\nto consent to a reduction in or modification of, any share in or payment\nfrom any estate, trust or other fund;\n  4. To demand, to obtain by action, proceeding or otherwise any money,\nor other thing of value to which the principal is, or may become, or may\nclaim to be entitled by reason of the death testate or intestate of any\nperson or of any testamentary disposition or of any trust or by reason\nof the administration of the estate of a decedent or absentee or of the\nguardianship of an infant or incompetent or the administration of any\ntrust or other fund, to initiate, to participate in and to oppose any\nproceeding, judicial or otherwise, for the ascertainment of the meaning,\nvalidity or effect of any deed, will, declaration of trust, or other\ntransaction affecting in any way the interest of the principal, to\ninitiate, to participate in and to oppose any proceeding, judicial or\notherwise, for the removal, substitution or surcharge of a fiduciary, to\nconserve, to invest, to disburse or to utilize anything so received for\npurposes enumerated in this section, and to reimburse the agent for any\nexpenditures properly made by him in the execution of the powers\nconferred on him by the statutory short form power of attorney;\n  5. To prepare, to sign, to file and to deliver all reports,\ncompilations of information, returns or papers with respect to any\ninterest had or claimed by or on behalf of the principal in any estate,\ntrust, or other fund, to pay, to compromise or to contest, and to apply\nfor refunds in connection with, any tax or assessment, with respect to\nany interest had or claimed by or on behalf of the principal in any\nestate, trust or other fund or by reason of the death of any person, or\nwith respect to any property in which such interest is had or claimed;\n  6. To agree and to contract, in any manner, and with any person and on\nany terms, which the agent may select, for the accomplishment of the\npurposes enumerated in this section, and to perform, to rescind, to\nreform, to release, or to modify any such agreement or contract or any\nother similar agreement or contract made by or on behalf of the\nprincipal;\n  7. To execute, to acknowledge, to verify, to seal, to file and to\ndeliver any consent, designation, pleading, notice, demand, election,\nconveyance, release, assignment, check, pledge, waiver, admission of\nservice, notice of appearance or other instrument which the agent may\nthink useful for the accomplishment of any of the purposes enumerated in\nthis section;\n  8. To submit to alternative dispute resolution or to settle, and to\npropose or to accept a compromise with respect to any controversy or\nclaim which affects the estate of a decedent, absentee, infant or\nincompetent, or the administration of a trust or other fund, in any one\nof which the principal has, or claims to have, an interest, and to do\nany and all acts which the agent shall think to be desirable or\nnecessary in effectuating such compromise;\n  9. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants, when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  10. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, with respect to the estate of a decedent, absentee,\ninfant or incompetent, or the administration of a trust or other fund,\nin any one of which the principal has, or claims to have, an interest,\nor with respect to which the principal is a fiduciary.\n  All powers described in this section shall be exercisable equally with\nrespect to any estate of a decedent, absentee, infant or incompetent, or\nthe administration of any trust or other fund, in which the principal is\ninterested at the giving of the power of attorney or may thereafter\nbecome interested, regardless of whether the estate, trust or other fund\nis specifically identified at the giving of the power of attorney and\nwhether located in the state of New York or elsewhere.\n
N.Y. ENV Law § 54-1505 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1505
Eligibility to receive state assistance payments for climate smart community projects
Status: in_force

§ 54-1505. Eligibility to receive state assistance payments for climate\n             smart community projects.\n  Any municipality may apply for state assistance payments toward the\ncost of a climate smart community project. Any application must comply\nwith all applicable rules and regulations determined by the department.\n
N.Y. GOB Law § 5-1502L — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502L
Construction--retirement benefit transactions
Status: in_force

§ 5-1502L. Construction--retirement benefit transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "retirement benefit transactions" must be\nconstrued to mean that the principal authorizes the agent:\n  1. To contribute to, withdraw from and deposit funds in any type of\nretirement benefit or plan (including, but not limited to, any tax\nqualified or nonqualified pension, profit sharing, stock bonus, employee\nsavings and retirement plan, deferred compensation plan, individual\nretirement account, or any public pension fund or retirement system);\n  2. To make investment directions, to select and change payment\noptions, and to exercise any other election for the principal with\nregard to any retirement benefit or plan in which the principal has an\ninterest, provided, however, that the authority granted hereby shall not\ninclude the authority to add, delete, or otherwise change the\ndesignation of beneficiaries in effect for any such retirement benefit\nor plan, unless the authority to make such additions, deletions or\nchanges is expressly stated otherwise in the "Modifications" section of\na statutory short form power of attorney or in a non-statutory power of\nattorney signed and dated by the principal with the signature of the\nprincipal duly acknowledged in the manner prescribed for the\nacknowledgment of a conveyance of real property, and which is executed\npursuant to the requirements of section 5-1501B of this title;\n  3. To make rollover contributions from any retirement benefit or plan\nto other retirement benefits or plans;\n  4. To prepare, execute and deliver any application, agreement, trust\nagreement, authorization, check or other instrument or document which\nmay be required under the terms of any retirement benefit or plan in\nwhich the principal has an interest or by the administrator thereof, or\nwhich the agent deems useful for the accomplishment of any of the\npurposes enumerated in this section;\n  5. To represent the principal in any matter or thing relating to any\ninterest that the principal has or may become entitled to under any\nretirement benefit or plan;\n  6. To prosecute, defend, submit to alternative dispute resolution,\nsettle, and propose or accept a compromise with respect to any claim\nexisting in favor of, or against, the principal based upon or involving\nany retirement benefit or plan and to intervene in any action or\nproceeding relating thereto;\n  7. To hire, discharge, and compensate any attorney, accountant, expert\nwitness or other assistant or assistants when the agent deems such\naction to be desirable for the proper execution by the agent of the\npowers described in this section or for the keeping of required records\nthereof; and\n  8. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, with respect to any retirement benefit or plan\nmaintained by the principal or in which the principal has an interest or\nmay thereafter have an interest.\n  All powers described in this section 5-1502L of the general\nobligations law shall be exercisable with respect to any retirement\nbenefit or plan in which the principal has any interest, whether in the\nstate of New York or elsewhere.\n  The powers explicitly authorized in the provisions of this section\n5-1502L of the general obligations law shall not be construed to\ndiminish any like powers authorized in any other section of title 15 of\narticle 5 of the general obligations law. Accordingly, such powers as\nare authorized in any other section of title 15 of article 5 of the\ngeneral obligations law shall be construed as if the provisions of this\nsection do not exist.\n
N.Y. PBA Law § 2306 — New York Code / Act PBA / Article 8 / Title 15 / Section 2306
Purpose and powers of the authority
Status: in_force

§ 2306. Purpose and powers of the authority. The purposes of the\nauthority shall be to promote, develop, encourage and assist in the\nacquiring, constructing, reconstructing, improving, maintaining,\nequipping and furnishing industrial, manufacturing, warehouse,\ncommercial and research facilities and facilities for use by a federal\nagency or a medical facility including industrial pollution control\nfacilities, which may include transportation facilities including but\nnot limited to those relating to water, highway, rail and air, in one or\nmore areas of the city, and thereby advance the job opportunities,\nhealth, general prosperity and economic welfare of the people of said\ncity and to improve their medical care and standard of living; provided,\nhowever, that the authority shall not undertake any project if the\ncompletion thereof would result in the removal of an industrial or\nmanufacturing plant of the project occupant from one area of the state\nto another area of the state or in abandonment of one or more plants or\nfacilities of the project applicant located within the state, provided,\nhowever, that neither restriction shall apply if the authority shall\ndetermine on the basis of the application before it that the project is\nreasonably necessary to discourage the project occupant from removing\nsuch other plant or facility to a location outside the state or is\nreasonably necessary to preserve the competitive position of the project\noccupant in its respective industry. Except as otherwise provided for in\nthis section, no financial assistance of the authority shall be provided\nin respect of any project where facilities or property that are\nprimarily used in making retail sales to customers who personally visit\nsuch facilities constitute more than one-third of the total project\ncost. For the purposes of this article, "retail sales" shall mean: (i)\nsales by a registered vendor under article twenty-eight of the tax law\nprimarily engaged in the retail sale of tangible personal property, as\ndefined in subparagraph (i) of paragraph four of subdivision (b) of\nsection eleven hundred one of the tax law; or (ii) sales of a service to\nsuch customers. Except, however, that tourism destination projects shall\nnot be prohibited by this paragraph. For the purpose of this paragraph,\n"tourism destination" shall mean a location or facility which is likely\nto attract a significant number of visitors from outside the economic\ndevelopment region as established by section two hundred thirty of the\neconomic development law, in which the project is located.\n  Notwithstanding the provisions of this section to the contrary, such\nfinancial assistance may, however, be provided to a project where\nfacilities or property that are primarily used in making retail sales of\ngoods or services to customers who personally visit such facilities to\nobtain such goods or services constitute more than one-third of the\ntotal project cost, where: (i) the predominant purpose of the project\nwould be to make available goods or services which would not, but for\nthe project, be reasonably accessible to the residents of the city of\nAuburn because of a lack of reasonably accessible retail trade\nfacilities offering such goods or services; or (ii) the project is\nlocated in a highly distressed area. With respect to projects authorized\npursuant to this paragraph no project shall be approved unless the\nauthority shall find after the public hearing required by section\ntwenty-three hundred seven of this title that undertaking the project\nwill serve the public purposes of this article by preserving permanent,\nprivate sector jobs or increasing the overall number of permanent,\nprivate sector jobs in the state. Where the authority makes such a\nfinding, prior to providing financial assistance to the project by the\nauthority, the chief executive officer of the city of Auburn shall\nconfirm the proposed action of the authority. To carry out said purpose,\nthe authority shall have power:\n  1. To sue and be sued;\n  2. To have a seal and alter the same at pleasure;\n  3. To acquire, hold and dispose of personal property for its corporate\npurpose;\n  4. To acquire by purchase, grant, lease, gift, condemnation, or\notherwise and to use, real property or rights or easements therein\nnecessary for its corporate purposes, and to sell, convey, mortgage,\nlease, pledge, exchange or otherwise dispose of any such property in\nsuch manner as the authority shall determine. With respect to real\nproperty conveyed to it by the city, however, such power of disposition\nshall be limited as hereinafter provided in section twenty-three hundred\nten of this title;\n  5. To make by-laws for the management and regulation of its affairs\nand, subject to agreements with its bondholders, for the regulation of\nthe use of the project.\n  6. With the consent of the city, to use agents, employees and\nfacilities of the city, paying the city its agreed proportion of the\ncompensation or costs.\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation and to pay the same out of\nfunds of the authority, subject, however, to the provisions of the civil\nservice law hereinafter provided in section twenty-three hundred eight\nof this title;\n  8. To retain and employ financial advisors, engineers, architects,\nattorneys and other consultants for professional and technical\nassistance and advice; that an attorney acting as bond counsel for a\nproject must file with the authority a written statement in which the\nattorney identifies each party to the transaction which such attorney\nrepresents. If bond counsel provides any legal services to the parties\nother than the authority, the written statement must describe the nature\nof legal services provided by such bond counsel to all parties to the\ntransaction, including the nature of the services provided to the\nauthority;\n  9. To make contracts and leases upon such terms as the authority shall\ndeem appropriate, including without limitation leases which grant the\ntenant of a project an option to renew or an option to purchase the\nproject, or both, at a fixed or otherwise predetermined price, and to\nexecute all instruments necessary or convenient;\n  10. To acquire, construct, reconstruct, lease, improve, maintain,\nequip or furnish one or more projects;\n  11. To accept gifts, grants, loans or contributions from, and enter\ninto contracts or other transactions with, the United States and the\nstate or any agency of either of them, any municipality, any public or\nprivate corporation or any other legal entity, and to use any such\ngifts, grants, loans or contributions for any of its corporate purposes;\n  12. To borrow money and to issue bonds and to provide for the rights\nof the holders thereof;\n  13. To designate the depositories of its money in the city of Auburn.\n  14. To enter into agreements requiring payments in lieu of taxes. Such\nagreements shall be in writing and in addition to other terms shall\ncontain: the amount due annually to each affected tax jurisdiction (or a\nformula by which the amount due can be calculated), the name and address\nof the person, office or agency to which payment shall be delivered, the\ndate on which the payment shall be made, and the date on which payment\nshall be considered delinquent if not paid. Unless otherwise agreed by\nthe affected tax jurisdictions, any such agreement shall provide that\npayments in lieu of taxes shall be allocated among affected tax\njurisdictions in proportion to the amount of real property tax and other\ntaxes which would have been received by each affected tax jurisdiction\nhad the project not been tax exempt due to the status of the agency\ninvolved in the project. A copy of any such agreement shall be delivered\nto each tax affected jurisdiction within fifteen days of signing the\nagreement. In the absence of any such written agreement, payments in\nlieu of taxes shall be allocated in the same proportions as they had\nbeen prior to January first, nineteen hundred ninety-three for so long\nas the authority's activities render a project non-taxable by affected\ntax jurisdictions. A notification of the expiration of such agreement\nshall be delivered to the affected tax jurisdiction two years prior to\nthe expiration of such agreement and immediately upon early termination\nof an agreement;\n  15. To establish and reestablish its fiscal year; and\n  16. To do all things necessary or convenient to carry out its purposes\nand exercise the powers expressly given in this title.\n
N.Y. ENV Law § 15-1503 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1503
Permits
Status: in_force

§ 15-1503. Permits.\n  1. A permit application or request for a permit renewal or\nmodification shall be made on forms prescribed by the department and\nshall contain all information requested by the department relative to\nthe withdrawal, use and discharge of water, including:\n  a. with respect to a public water supply system, proof of adequate\nauthorization for the proposed project;\n  b. such exhibits as may be necessary clearly to indicate the scope of\nthe proposed project;\n  c. a map of any lands to be acquired;\n  d. project plans;\n  e. a statement of the need for and the reasons why the proposed source\nor sources of supply were selected among the alternative sources which\nare or may become available and the adequacy of the supply selected; and\n  f. a description of the applicant's proposed near term and long range\nwater conservation program that incorporates environmentally sound and\neconomically feasible water conservation measures, including\nimplementation and enforcement procedures, effectiveness to date and any\nplanned modifications for the future. For a public water supply system,\nthe water conservation program may include but need not be limited to:\n  i. the identification of and cost effectiveness of distribution system\nrehabilitation to correct sources of lost water;\n  ii. measures which encourage proper maintenance and water\nconservation;\n  iii. a public information program to promote water conservation,\nincluding industrial and commercial recycling and reuse;\n  iv. household conservation measures; and\n  v. contingency measures for limiting water use during seasonal or\ndrought shortages.\n  2. In making its decision to grant or deny a permit or to grant a\npermit with conditions, the department shall determine whether:\n  a. the proposed water withdrawal takes proper consideration of other\nsources of supply that are or may become available;\n  b. the quantity of supply will be adequate for the proposed use;\n  c. the project is just and equitable to all affected municipalities\nand their inhabitants with regard to their present and future needs for\nsources of potable water supply;\n  d. the need for all or part of the proposed water withdrawal cannot be\nreasonably avoided through the efficient use and conservation of\nexisting water supplies;\n  e. the proposed water withdrawal is limited to quantities that are\nconsidered reasonable for the purposes for which the water use is\nproposed;\n  f. the proposed water withdrawal will be implemented in a manner to\nensure it will result in no significant individual or cumulative adverse\nimpacts on the quantity or quality of the water source and water\ndependent natural resources;\n  g. the proposed water withdrawal will be implemented in a manner that\nincorporates environmentally sound and economically feasible water\nconservation measures; and\n  h. the proposed water withdrawal will be implemented in a manner that\nis consistent with applicable municipal, state and federal laws as well\nas regional interstate and international agreements.\n  3. In order to assist the development of local water conservation\nprograms for public water supply systems, the department shall continue\nto publish and distribute a water conservation manual that includes\nbeneficial near term and long range water conservation procedures which\nreflect local water resource needs and conditions. Such manual shall\ninclude examples of:\n  a. methods of identifying and determining the cost effectiveness of\ndistribution system rehabilitation to correct sources of lost water;\n  b. measures which encourage proper maintenance and water conservation;\n  c. a public information program to promote water conservation,\nincluding industrial and commercial recycling and reuse;\n  d. household conservation measures; and\n  e. contingency measures for limiting water use during seasonal or\ndrought shortages.\n  4. The department may grant or deny a permit or grant a permit with\nsuch conditions as may be necessary to provide satisfactory compliance\nby the applicant with the matters subject to department determination\npursuant to subdivision 2 of this section, or to bring into cooperation\nall persons that may be affected by the project, but it shall make a\nreasonable effort to meet the needs of the applicant, with due regard to\nthe actual or prospective needs, interests and rights of others that may\nbe affected by the project.\n  5. The rules and regulations adopted by the department to implement\nthis title and the provisions of article 70 of this chapter and rules\nand regulations adopted thereunder shall govern permit applications,\nrenewals, modifications, suspensions and revocations under this title.\n  6. A new permit for a water withdrawal system and any subsequent\nrenewal thereof shall be valid for a period of time not to exceed ten\nyears from the date of issuance. A new permit or permit modification\nmust be obtained from the department prior to any transfer or change of\nownership of a water withdrawal system.\n  7. For each permit issued for a public water supply system, the\ndepartment shall post on the department's website the permittee, the\nmaximum pumping capacity allowed under the permit, the results of well\nmonitoring, and the information reported pursuant to subdivision six of\nsection 15-1501 of this title.\n
N.Y. ENV Law § 21-1503 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1503
Commissioner and alternate
Status: in_force

* § 21-1503. Commissioner and alternate.\n  The Governor shall be this state's member on the mid-Atlantic states\nair pollution control commission. The Governor shall appoint the\nCommissioner of Environmental Conservation as his alternate pursuant to\nsection 2.3 of article two of such compact.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. ENV Law § 9-1503 — New York Code / Act ENV / Article 9 / Title 15 / Section 9-1503
Removal of protected plants
Status: in_force

§ 9-1503. Removal of protected plants.\n  1. For the purposes of this section, "plants" shall mean species of\nnative shrubs, trees, herbs, ferns, fern-allies and wild flowers;\n"endangered species" shall mean those species of plants in danger of\nextinction throughout all or a significant portion of their ranges\nwithin the state, and requiring remedial action to prevent such\nextinction; "threatened species" shall mean those species of plants that\nare likely to become endangered within the foreseeable future throughout\nall or a significant portion of their ranges within the state; "rare\nspecies" shall mean those species of plants that have small populations\nwithin their ranges in the state, and "exploitably vulnerable species"\nshall mean those species of plants that are likely to become threatened\nin the near future throughout all or a significant portion of their\nranges within the state if causal factors continue unchecked.\n  2. The department may, by rule and regulation, promulgate and adopt a\nlist or lists of protected plants which by reason of their endangered,\nrare, threatened or exploitably vulnerable status should not be picked\nor removed from their natural habitat. In promulgating and adopting such\nlist or lists the department shall consult with and cooperate with the\ndepartments of agriculture and markets and education and other affected\npublic or private organizations. Plants included in such list or lists\nmay be so included for purposes of the entire state or portions thereof.\nSuch list or lists may be modified in whole or in part through the\ninstitution of a permit or waiver-issuing procedure.\n  3. No person shall, in any area designated by such list or lists,\nknowingly pick, pluck, sever, remove, damage by the application of\nherbicides or defoliants or carry away, without the consent of the owner\nthereof, any protected plant. An offense under this section shall be a\nviolation, punishable by a fine of not to exceed twenty-five dollars.\n  4. The department is authorized to regulate the harvesting,\ncollection, sale, and exportation of American ginseng (Panax\nquinquefolius) plants, roots and cuttings. The department is further\nauthorized to promulgate rules and regulations to implement the\nauthority conferred herein.\n
N.Y. ENV Law § 21-1501 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1501
Mid-Atlantic states air pollution control compact
Status: in_force

* § 21-1501. Mid-Atlantic states air pollution control compact.\n  The mid-Atlantic states air pollution control compact as first entered\ninto pursuant to chapter 475 of the laws of 1967, as amended by chapter\n476 of the laws of 1967, and as amended by chapter 385 of the laws of\n1968, and as subject to execution by the governor as provided in said\ncompact, is hereby continued. The compact is as follows:\n  WHEREAS, the signatory parties recognize that they have certain\nserious problems in common with respect to pollution of the atmosphere\nby man-made contaminants; and\n  WHEREAS, the nature and sources of air pollution are such that the\nstates' efforts can be effectively supplemented by control measures\napplicable to regional airsheds which cut across state boundaries; and\n  WHEREAS, the signatory parties recognize that the protection and\nimprovement of the quality of their common atmosphere is vested with\nlocal, state and national interests, for which they have a joint\nresponsibility; and\n  WHEREAS, the signatory parties have determined to establish a\nfederal-interstate agency, with jurisdiction and powers adequate to cope\nwith interstate air pollution problems;\n  Now therefore, the states of New Jersey and New York and the United\nStates of America, and if any of them should join herein, the states of\nDelaware, Connecticut and the commonwealth of Pennsylvania,\nrespectively, hereby solemnly convenant and agree with each other, upon\nthe enactment of concurring legislation by the congress of the United\nStates and by the respective state legislatures, having the same effect\nas this part as follows:\n                                ARTICLE 1\n                  SHORT TITLE, DEFINITIONS AND FINDINGS\n  § 1.1. Short title. This act shall be known and may be cited as the\n"Mid-Atlantic States Air Pollution Control Compact".\n  § 1.2. Definitions. For the purposes of this compact, and of any\nsupplemental or concurring legislation enacted pursuant thereto, except\nas may be otherwise required by the context:\n  (a) "Commission" shall mean the commission established by this\ncompact;\n  (b) "Region" shall mean the territorial limits of the states which are\nor become parties to this compact;\n  (c) "Compact" shall mean section 21-1501 of this title;\n  (d) "Federal government" shall mean the government of the United\nStates of America, and any appropriate branch, department, bureau or\ndivision thereof, as the case may be;\n  (e) "Signatory party" shall mean a state, commonwealth, or the federal\ngovernment, which has become a party to this compact by enactment of\nconcurring legislation;\n  (f) "District" shall mean any area established, identified or defined\nby the commission in connection with the abatement or control of air\npollution;\n  (g) "Air contaminant" shall mean dust, fumes, mist, smoke, or other\nparticulate matter, vapor, gas, odorous substance, or any combination\nthereof;\n  (h) "Air pollution" shall mean the presence in the outdoor atmosphere\nof one or more air contaminants in such quantities and duration as is or\ntends to be injurious to human health or welfare, animal or plant life,\nor property, or would unreasonably interfere with the enjoyment of life\nor property;\n  (i) "Emission" shall mean a release into the outdoor atmosphere of air\ncontaminants.\n  § 1.3. Findings of fact. It is hereby found and declared that:\n  (a) The tremendous growth of population and industry has resulted in\nsubstantial increases in atmospheric waste and air pollution over the\nentire region;\n  (b) Air pollution does not respect political boundaries, and persons\nfar removed from its sources and having no responsibility for or control\nover its creation endure health hazards, discomfort and inconvenience\nand experience property damage and economic loss;\n  (c) Air pollution is associated with such important respiratory\ndiseases as lung cancer, emphysema, chronic bronchitis and asthma, and\nis a general hazard to the public health and welfare, agricultural\ncrops, livestock and other property;\n  (d) It is necessary and desirable to abate existing air pollution and\nprevent future air pollution so as to secure and maintain air quality\nwhich is consistent with the public health and welfare, the propagation\nand protection of plant and animal life, and the protection of property\nand other resources of the region;\n  (e) In the present state of the art, there are no public facilities\nfor collection and disposal of atmospheric waste comparable to\nfacilities to cope with liquid and solid waste, and the effects of\nemissions differ greatly among air resource uses and users, under the\nvarious meteorological and geographic conditions, which disregard state\nboundaries.\n  (f) Air pollution can best be controlled and abated at its sources,\nand, while such prevention, control and abatement is the primary\nobligation of the states, counties or municipalities in which it\noriginates, the problems of interstate air pollution can be more readily\nand effectively solved under a coordinated regionwide agency of the\nstate and federal governments.\n  § 1.4. Existing agencies; construction. It is the purpose of the\nsignatory parties to preserve and utilize the functions, powers and\nduties of existing offices and agencies of government to the extent not\ninconsistent with the compact and the commission is authorized and\ndirected to utilize and employ such offices and agencies for the purpose\nof this compact to the fullest extent it finds feasible and\nadvantageous.\n                                ARTICLE 2\n                     ORGANIZATION AND ADMINISTRATION\n  § 2.1. Commission created. There is hereby created the mid-Atlantic\nstates air pollution control commission as a body politic and corporate,\nwith perpetual succession as an agency and instrumentality of the\nrespective signatory parties.\n  § 2.2. Commission membership. The commission shall consist of the\ngovernors of the signatory states, ex-officio, and one commissioner to\nbe appointed by the president of the United States, to serve during the\nterm of office of the president appointing him and until the appointment\nand qualification of his successor.\n  § 2.3. Alternates. Each member of the commission shall appoint an\nalternate to act in his place and stead, with authority to attend all\nmeetings of the commission, and with power to vote in the absence of the\nmember. Unless otherwise provided by law of the signatory party for\nwhich he is appointed, each alternate shall serve during the term of the\nmember appointing him, subject to removal at the pleasure of the member.\nIn the event of a vacancy in the office of alternate, it shall be filled\nin the same manner as an original appointment for the unexpired term\nonly. In the event of the temporary absence or disability of an\nalternate, the member of the commission may appoint another qualified\nperson to act as his alternate for the duration of such temporary\nabsence or disability.\n  § 2.4. Compensation. Members of the commission and alternates shall\nserve without compensation from the commission but may be reimbursed for\nnecessary expenses incurred in and incident to the performance of their\nduties.\n  § 2.5. Voting power. Each member shall be entitled to one vote on all\nmatters which may come before the commission. No action of the\ncommission shall be taken at any meeting unless a majority of the\nmembership shall vote in favor thereof.\n  § 2.6. Organization; procedure. The commission shall provide for its\nown organization and procedure and shall adopt rules and regulations\ngoverning its meetings and transactions. It shall organize annually by\nthe election of a chairman and vice-chairman from among its members. It\nshall provide by its rules for the appointment by each member in his\ndiscretion of an advisor to serve without compensation, who may attend\nall meetings of the commission and its committees.\n  § 2.7. Jurisdiction. The commission shall have, exercise and discharge\nits functions, powers and duties within the region. It may by contract\nor otherwise act jointly, concurrently, or in cooperation with any other\nagency or instrumentality of government within or without the region for\nthe purpose of effectuating the purposes of this compact.\n  § 2.8. Retained jurisdiction of signatory parties. (a) Unless\nauthorized by laws of the signatory states other than this compact, the\ncommission shall not have power to require licenses or permits for the\nconstruction, establishment, installation, maintenance or operation of\nany air pollution source or other equipment, device or facility; to\nrequire commission approval of any of the foregoing; or to confer upon\nthe commission any other power of licensure.\n  (b) Nothing in this compact shall be construed to abrogate, impair or\nin any way prevent the enactment or application of any state or local\nlaw, code, ordinance, rule or regulation not inconsistent with this\ncompact, or with any standard, rule or regulation of the commission; and\nany such state or local law, code, ordinance, rule or regulation may be\nmore restrictive than any requirement in effect pursuant to this\ncompact.\n  (c) Nothing in this compact shall be construed to affect any aspect of\nemployer-employee relations, including without limitation, statutes,\nrules or regulations governing industrial health and safety.\n                                ARTICLE 3\n                   POWERS AND DUTIES OF THE COMMISSION\n  § 3.1. General powers.\n  The commission shall:\n  (a) Investigate the causes and sources of air pollution, identify air\ncontaminants, and provide for research and the compilation and analysis\nof information relating thereto;\n  (b) Establish, after consultation with the appropriate agency of the\nsignatory parties, standards for air quality and requirements for the\ncontrol of emissions of air contaminants to abate existing air pollution\nand to prevent future air pollution, subject to the provisions of\narticle four of this compact;\n  (c) Provide and administer plans and programs to effectuate such air\nquality standards and emission control requirements;\n  (d) Promote, sponsor and conduct technical, educational and research\nprograms and projects to identify and evaluate air contaminants and to\ndevelop and apply methods, systems and procedures for the abatement and\nprevention of air pollution; and\n  (e) Enforce or provide for the enforcement of the compact and rules\nand regulations lawfully promulgated thereunder;\n  (f) Furnish technical services, advice and consultation to agencies of\nthe signatory parties, provided that the costs of such services may be\nreimbursable whenever the parties deem appropriate.\n  § 3.2. Auxiliary powers. In furtherance of the powers and duties\nelsewhere prescribed in this compact, the commission may:\n  (a) Sue and be sued in a court of competent jurisdiction;\n  (b) Have a seal and alter the same at pleasure;\n  (c) Acquire, hold and dispose of real and personal property by gift,\npurchase, lease, license or other similar manner for its corporate\npurposes and accept grants and comply with the conditions thereof;\n  (d) Provide for the organization and administration of a commission\nstaff and retain and employ counsel and private consultants on a\ncontract basis or otherwise;\n  (e) Administer and enforce the provisions of this compact;\n  (f) Make and enforce such rules and regulations as the commission may\ndeem necessary to effectuate the purposes of this compact or to prevent\nthe circumvention or evasion thereof;\n  (g) By its members and its properly designated officers, agents and\nemployees, administer oaths and issue subpoenas throughout the region to\ncompel the attendance of witnesses and the giving of testimony and the\nproduction of other evidence;\n  (h) Have for its members and its properly designated officers, agents\nand employees, full and free access, ingress and egress to and from all\nproperty, premises and places in the region, for the purpose of making\ninspection or enforcing the provisions of this compact, where there is\nreasonable cause to believe there is a violation of this compact or of\nany rule or regulation lawfully made thereunder; and no person shall\nobstruct or in any way interfere with any such member, officer, employee\nor agent in the making of such inspection, or in the enforcement of the\nprovisions of this compact or in the performance of any other power or\nduty under this compact; and\n  (i) Cooperate with and receive from any department, division, bureau,\nboard, commission, or agency of any or all of the signatory parties, or\nof any county or municipality thereof, such assistance and data as will\nenable it properly to carry out its powers and duties hereunder, and may\nauthorize and request any such department, division, bureau, board,\ncommission or agency, with the consent thereof, to execute such of its\nfunctions and powers as the public interest may require.\n                                ARTICLE 4\n         AIR QUALITY STANDARDS AND EMISSION CONTROL REQUIREMENTS\n  § 4.1. Generally. The commission shall have jurisdiction to abate\nexisting air pollution and to prevent and control future air pollution\nin the region, and to this and it shall:\n  (a) Prepare and develop standards of air quality and emission control\nrequirements for the region as required to protect the public health and\nwelfare and prevent air pollution which would unreasonably impair the\nbeneficial use of the air of the region. To this end, it shall encourage\nand conduct studies, investigations and research relating to air\npollution and its causes, prevention, control and abatement.\n  (b) For the purpose of such standards, the commission may establish\nand delineate districts and airsheds, seasonal requirements, and\nclassifications of air contaminants by type and source, for general or\nselective application of such standards and emission controls.\n  (c) Prior to the adoption of standards or emission control\nrequirements, the commission shall hold public hearings upon due notice\nof the proposed standards, and all interested persons shall be given an\nopportunity to be heard at such hearing. After such notice and hearing,\nthe commission may adopt and from time to time amend and repeal\nstandards in the form of rules and regulations to prevent or control\nfuture air pollution and to abate existing air pollution, and to require\nthe installation of such measures, systems and procedures for the\nabatement or prevention of air pollution as may be required to protect\nthe public health, safety, property rights, and general welfare. Any\nsuch rule or regulation, amendment or repeal thereof shall take effect\nnot less than sixty (60) days after its adoption by the commission and\nfiling as required by law.\n  § 4.2. Monitoring; warnings; emergencies. The commission shall: (a)\nProvide for a uniform, comprehensive and integrated system for\nmonitoring atmospheric waste in the region, the measurement and\nforecasting of air pollution, and the identification of significant\nmeteorological, geographical, and ecological factors within the region,\nits districts or airsheds;\n  (b) Establish and administer warning and alert procedures and systems\nwith respect to impending and existing conditions of sewer and\nimmediately dangerous air pollution;\n  (c) Upon authorization by any one of the signatory states, exercise\nemergency powers within those portions of the region lying within the\nauthorizing state to require the reduction or cessation of emissions of\nair contaminants, and to require the taking or refining from any other\nmeasure as may be necessary in the public interest to alleviate or abate\nthe immediate danger.\n  § 4.3. Enforcement. (a) The commission may, after such notice and\nhearing as may be required by due process of law, issue an order or\norders to any person or public or private corporation, or other entity,\nto cease and desist from any emissions which it determines to be in\nviolation of such rules and regulations as it shall have adopted for the\nprevention and abatement of air pollution. Any such order or orders may\nprescribe a schedule, including a reasonable time for the construction\nand installation of any necessary systems, methods and procedures, on or\nbefore which the emission of air contaminants shall be wholly or\npartially discontinued, modified or treated, or otherwise required to\nconform to the standards established by the commission. Any court of\ncompetent jurisdiction shall have jurisdiction to enforce by injunction\nin a summary manner against any person, public or private corporation,\nor other entity, any and all provisions of this article or of any such\norder. The commission may bring an action in its own name in any such\ncourt of competent jurisdiction to compel compliance with any provisions\nof this compact, or of any rule, regulation or order issued pursuant\nthereto, according to the practice and procedure of the court.\n  (b) In the case of air pollution not within an interstate district or\nairshed as established by the commission, the commission shall give\npriority to enforcement proceedings by other agencies of the signatory\nparties; provided, however, that the provisions of this subdivision may\nnot be asserted as a defense in any action or proceeding brought by the\ncommission.\n  § 4.4. Hearings; subpoenas. (a) The commission shall establish by\nappropriate regulation the procedure to be followed in the conduct of\nits hearings. Neither the commission nor any person designated by it to\nconduct a hearing shall be bound by common law or statutory rules of\nevidence or by technical or formal rules of procedure in the conduct of\nsuch hearings.\n  (b) The commission, or such member or officer of the commission as may\nbe designated by the commission for that purpose shall have the power to\nissue subpoenas effective throughout the region to compel the attendance\nof witnesses and the giving of testimony or production of other\nevidence, and to administer oaths in connection with any such hearing.\nIt shall be the duty of the commission or of such member or officer of\nthe commission as it may designate to issue subpoenas at the request of\nand on behalf of any part to a hearing before the commission. Subpoenas\nissued by the commission shall be enforced by any court of competent\njurisdiction of the signatory parties, according to the practice and\nprocedure of the court applicable to subpoenas issued in proceedings\npending before it.\n  § 4.5. Penal sanction. Any person, association, or corporation who\nviolates or attempts or conspires to violate any provision of this\ncompact or any rule, regulation or order of the commission duly made,\npromulgated or issued pursuant to the compact, in addition to any other\nremedy, penalty or consequence provided by law, shall be punishable as\nmay be provided by statute of any of the signatory parties within which\nthe offense is committed; provided that in the absence of such provision\nany such person, association or corporation, shall be liable to a\npenalty of not less than fifty dollars and not more than one thousand\ndollars, for each such offense to be fixed by the court, which the\ncommission may recover in its own name in any court of competent\njurisdiction, and in a summary proceeding where available under the\npractice and procedure of such court. For the purposes of this section\nin the event of a continuing offense, each day of such violation,\nattempt or conspiracy shall constitute a separate offense.\n  § 4.6. Judiciary review. Any order or determination of the commission\nunder this article shall be subject to judicial review in any court of\ncompetent jurisdiction as provided by the law of a signatory party.\n                                ARTICLE 5\n                   PERSONNEL AND PROCEDURES GENERALLY\n  § 5.1. Powers of the commissioners. The commissioners, subject to the\nprovisions of this compact, shall:\n  (a) Serve as the governing body of the commission, and exercise and\ndischarge its powers and duties except as otherwise provided by or\npursuant to this compact;\n  (b) Determine the character of and the necessity for its obligations\nand expenditures and the manner in which they shall be incurred, allowed\nand paid subject to any provisions of law specifically applicable to\nagencies or instrumentalities created by compact;\n  (c) Provide for the internal organization and administration of the\ncommission;\n  (d) Appoint or provide for the appointment of the principal officers\nof the commission and delegate to and allocate among them administrative\nfunctions, powers and duties;\n  (e) Create and abolish such offices, employments and positions as it\ndeems necessary for the purposes of the compact, and subject to the\nprovisions of this article, fix and provide for the qualification,\nappointment, removal, term, tenure, compensation, pension and retirement\nrights of its officers and employees;\n  (f) Let and execute contracts to carry out the powers of the\ncommission.\n  § 5.2. Regulations; enforcement. The commission may:\n  (a) Make and enforce reasonable rules and regulations in the form of\nan air pollution code or otherwise, for the effectuation, application\nand enforcement of this compact; provided that any rule or regulation,\nother than one which deals solely with the internal management of the\ncommission, shall be adopted only after public hearing and shall not be\neffective unless and until filed in accordance with the law of the\nrespective signatory parties applicable to administrative rules and\nregulations generally; provided further, that a certified copy of any\nsuch rule or regulation, attested as true and correct by the commission,\nshall be presumptive evidence of the regular making, adoption, filing\nand publication thereof; and\n  (b) Designate any officer, agent or employee of the commission to be\nan investigator, and such person shall be vested with the powers of a\npeace officer of the state in which he is duly assigned to perform his\nduties.\n  § 5.3. Confidential information. Any records or other information\nfurnished to or obtained by the commission in the exercise of its\npowers, functions and duties from any private person, corporation or\nother entity which records or information, as certified by the owner or\noperator, relate to production or sales figures, or to secret processes\nor production, or which if made known to others would tend to affect\nadversely the competitive position of such owner or operator, shall be\nretained solely for the use of the commission and its employees, in the\nadministration and enforcement of this compact, and for the use of air\npollution control agencies of the signatory parties in the\nadministration and enforcement of state or federal law, and shall not be\npublished or disclosed for any other purpose by any officer or employee\nof the commission or any other person without the written consent of\nsuch owner or operator.\n  § 5.4. Officers generally. (a) The officers of the commission shall\nconsist of an executive director and such additional officers, deputies\nand assistants as the commission may determine. The executive director\nshall be appointed and may be removed by the affirmative vote of a\nmajority of the full membership of the commission. All other officers\nand employees shall be appointed in such manner and under such rules of\nprocedure as the commission may determine.\n  (b) In the appointment and promotion of officers and employees for the\ncommission, no political, racial, religious or residency test or\nqualification shall be permitted or given consideration, but all such\nappointments and promotions shall be solely on the basis of merit and\nfitness. Any officer or employee of the commission who is found by the\ncommission to be guilty of a violation of this section shall be removed\nfrom office by the commission.\n  § 5.5. Meetings; records. (a) All meetings of the commission shall be\nopen to the public.\n  (b) The minutes of the commission shall be a public record open to\ninspection and copying at its offices during regular business hours,\nsubject to the law relating to public records of the signatory states in\nwhich such minutes are located.\n  § 5.6. Prohibited activities. (a) No commissioner, officer or employee\nshall:\n  1) be financially interested, either directly or indirectly, in any\ncontract, sale, purchase, lease or transfer of real or personal property\nto which the commission is a party;\n  2) solicit or accept money or any other thing of value in addition to\nthe compensation or expenses paid him by the commission for services\nperformed within the scope of his official duties;\n  3) offer money or any thing of value for or in consideration of\nobtaining an appointment, promotion or privilege in his employment with\nthe commission.\n  (b) Any officer or employee who shall wilfully violate any of the\nprovisions of this section shall forfeit his office or employment.\n  (c) Any contract or agreement knowingly made in contravention of this\nsection shall be void.\n  (d) Officers and employees of the commission shall be subject in\naddition to the provisions of this section to such criminal and civil\nsanctions for misconduct in office as may be imposed by federal law and\nthe law of the signatory state in which such misconduct occurs.\n  § 5.7. Audit. The commission shall provide for an annual independent\naudit of its accounts and financial transactions by a certified public\naccountant, and for the publication of the report of such audit.\n  § 5.8. Tort liability. The commission shall be responsible for claims\narising out of the negligent acts or omissions of its officers, agents\nand employees only to the extent and subject to the procedures\nprescribed by law generally with respect to officers, agents and\nemployees of the government of the United States.\n                                ARTICLE 6\n                           GENERAL PROVISIONS\n  § 6.1. Commission budget. The commission shall annually adopt a\ncurrent expense budget for each fiscal year, and shall apportion the\namount required to balance the expenditures therein, less estimated\nrevenues from all sources, to the signatory parties in accordance with\nsuch equitable cost-sharing formulae as the members of the commission\nmay adopt by unanimous vote. Following the adoption of its annual\nbudget, the commission shall transmit certified copies of the budget to\nthe budget officer of the respective signatory parties at such time and\nin such manner as may be required under their respective budgetary\nprocedures. The signatory parties covenant and agree to include the\namount so apportioned for the support of the commission's current\nexpense budget in their respective budgets next to be adopted, subject\nto such review and approval as may be required by their respective\nbudgetary processes. Such amounts shall be due and payable to the\ncommission in equal quarterly installments during the commission's\nfiscal year.\n  § 6.2. Cooperation. Each signatory party pledges faithful cooperation\nin the control of air pollution in the region and consistent with such\nobject to enact (or if enacted, to keep in force and where necessary to\namend) laws which will:\n  (a) Enable it to secure and maintain standards of air quality at least\nequal to those prescribed by the commission;\n  (b) Accomplish effectively the objectives of this compact, and enable\nits officers, departments, boards and agents satisfactorily to\naccomplish the obligations and duties assumed by the party under the\nterms hereof; and\n  (c) Enable it to provide technical and administrative services to the\ncommission upon request, within the limits of available appropriations,\nand to cooperate generally with the commission for the purposes of this\ncompact, provided that the cost of such services may be reimbursable\nwhenever the parties deem appropriate.\n  § 6.3. Withdrawal from compact. (a) A signatory party may withdraw\nfrom this compact by enacting a statute repealing the same, but no such\nwithdrawal shall become effective until two (2) years after the chief\nexecutive of the withdrawing party has given notice of the withdrawal to\nthe commission and to each commissioner.\n  (b) No withdrawal shall affect any obligation of a signatory party or\nany person therein accruing prior to the effective date of the\nwithdrawal, nor any abatement order of the commission issued prior to\nsuch effective date nor shall any proceeding initiated for the\nenforcement thereof be invalidated or otherwise affected thereby. The\njurisdiction of all appropriate courts and agencies for the enforcement\nof any such order shall continue, notwithstanding the fact that the\neffective date of the withdrawal may have passed.\n  § 6.5. Amendments and supplements. Amendments and supplements to this\ncompact to implement the purposes thereof may be adopted by legislative\naction of any of the signatory parties concurred in by all of the\nothers.\n  § 6.6. Construction and severability. The provisions of this compact\nand of agreements thereunder shall be severable and if any phrase,\nclause, sentence or provision of this compact of such agreement is\ndeclared to be unconstitutional or the applicability thereof to any\nsignatory party, agency or person is held invalid, the constitutionality\nof the remainder of such compact or such agreement and the applicability\nthereof to any other signatory party, agency, person or circumstance\nshall not be affected thereby. It is the legislative intent that the\nprovisions of such compact be reasonably and liberally construed.\n  § 6.7. Effective date; execution. (a) This compact shall become\nbinding and effective thirty days after the enactment of concurring\nlegislation by the federal government and the state of New Jersey. The\ncompact shall be signed and sealed in six duplicate original copies by\nthe respective chief executives of the signatory parties. One such copy\nshall be filed with each of the signatory parties in accordance with the\nlaws of the party in which the filing is made, and the remaining copies\nshall be filed and retained in the archives of the commission upon its\norganization.\n  (b) Thereafter, the compact shall become binding and effective\nseparately as to each of the states of Connecticut and Delaware and the\ncommonwealth of Pennsylvania thirty (30) days after enactment of\nconcurring legislation by such states or commonwealth.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. ENV Law § 11-1503 — New York Code / Act ENV / Article 11 / Title 15 / Section 11-1503
Nets; license required; power of department
Status: in_force

§ 11-1503. Nets; license required; power of department.\n  The department may regulate the use of nets and other devices commonly\nused to take fish. No person shall use a net or device to take fish\nwithout first obtaining a license to do so. Gill nets shall not be\noperated in Lake Erie. No gill net license for use in Lake Ontario,\nincluding Chaumont Bay and all its other embayments, shall be issued\nexcept to holders of a gill net license valid on or prior to December\n31, 1986, and all licenses issued on or prior to that date are\nnon-transferable.\n
N.Y. ENV Law § 15-1528 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1528
Moratorium on the drilling of new wells in the Lloyd Sands
Status: in_force

§ 15-1528. Moratorium on the drilling of new wells in the Lloyd Sands.\n  1. The department is directed to identify those areas of Long Island\nwithin the counties of Kings, Queens, Nassau and Suffolk which, for the\npurposes of this section, shall be considered coastal communities.\n  2. A moratorium shall be established on the granting of new permits to\ndrill public water supply, private water supply or industrial wells into\nthe Lloyd Sands or to permit new withdrawals of water from the Lloyd\nSands or to permit the storage or pumping of water into the Lloyd Sands.\nSuch moratorium shall apply to all areas that are not coastal\ncommunities, provided however that such moratorium shall apply to all\nareas including coastal communities for the storage or pumping of water\ninto the Lloyd Sands. The waters of the Lloyd Sands shall be reserved\nfor the use of coastal communities during the moratorium, however,\nnothing required herein shall affect the permits of wells presently\nscreened in the Lloyd Sands and withdrawing water therefrom.\n  3. The moratorium shall be lifted upon a directive from the\ncommissioner. The directive shall be based upon his finding that\nsufficient research has been conducted so as to provide a sound working\nknowledge of the details, dynamics, water volume, and levels of safe\nwithdrawal appropriate to maintain a safe quantity of Lloyd Sands water.\nFurther, the commissioner must find that a workable program is in place\nthat can properly administer a well permit program for the Lloyd Sands\nwater. Such program shall take into account both the localized and\nregional aspects and implications of Lloyd Sands water withdrawals, with\nspecial attention given to the prevention of water contamination and\nsalt water intrusion. The program must ensure that a safe level of\nwithdrawal from the Lloyd Sands is not exceeded.\n  4. The commissioner may grant exemptions to the moratorium upon a\nfinding of just cause and extreme hardship. Such exemptions shall not\napply to the storage or pumping of water into the Lloyd Sands. An\nadjudicatory hearing shall be held and findings presented to the\ncommissioner prior to the granting of an exemption.\n
N.Y. ENV Law § 54-1517 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1517
Powers and duties of the commissioner
Status: in_force

§ 54-1517. Powers and duties of the commissioner.\n  In administering the provisions of this title the commissioner:\n  1. shall make an itemized estimate of funds or appropriations\nrequested annually for inclusion in the executive budget;\n  2. may, in the name of the state, as further provided within this\narticle, contract to make, within the limitations of appropriation\navailable therefor, state assistance payments toward the costs of an\napproved project. Such contracts shall be subject to approval by the\nstate comptroller and, as to form, by the attorney general;\n  3. shall approve vouchers for the payments pursuant to an approved\ncontract. All such payments shall be paid on the audit and warrant of\nthe state comptroller; and\n  4. may perform such other and further acts as may be necessary, proper\nor desirable to carry out the provisions of this article.\n
N.Y. ENV Law § 15-1507 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1507
Municipal water supply reservoirs on forest preserve lands
Status: in_force

§ 15-1507. Municipal water supply reservoirs on forest preserve lands.\n  Any public corporation, now or hereafter empowered by law to construct\nand operate a publicly owned system for the supply of water for\ndrinking, domestic and public purposes to the inhabitants of any\nmunicipality, may make application for the construction and maintenance\nby the state of a water supply reservoir on lands owned by the state and\nconstituting a part of the forest preserve thereof in the manner\nhereinafter set forth.\n
N.Y. ENV Law § 15-1525 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1525
Water well drillers in New York state to obtain certificates of registration
Status: in_force

§ 15-1525. Water well drillers in New York state to obtain certificates\n             of registration.\n  1. No person shall engage in the business of water well drilling in\nthe state of New York without first obtaining a certificate of\nregistration from the department as hereinafter provided. All water well\ndrilling shall be performed in accordance with the rules and regulations\npromulgated by the commissioner of health pursuant to subdivision\neighteen of section two hundred six of the public health law.\n  2. Application for a certificate of registration shall be made upon a\nform prescribed and furnished by the department providing such\ninformation as the department deems necessary for the purposes of\nissuance of a certificate of registration.\n  3. The certificate of registration shall require that, before the\ncommencement of drilling of any well or wells, the water well driller\nshall file a preliminary notice with the department; it shall also\nprovide that upon the completion of the drilling of any water well or\nwater wells, a completion report be filed with the department, giving\nthe log of the well, the size and depth thereof, the capacity of the\npump or pumps attached or to be attached thereto, and such other\ninformation pertaining to the withdrawal of water and operation of such\nwater well or water wells as the department by its rules and regulations\nmay require. The water well driller shall provide a copy of such\ncompletion report to the water well owner. The number of the certificate\nof registration must be displayed on the well drilling machinery of the\nregistrant. The certificate of registration shall also contain a notice\nto the certificate holder that the business activities authorized by\nsuch certificate are subject to the provisions of article thirty-six-A\nof the general business law. The fee for such certificate of\nregistration shall be ten dollars annually. The commissioner shall\npromulgate a water well completion report form which shall be utilized\nby all water well drillers in satisfying the requirements of this\nsection and any other provision of state or local law which requires the\nsubmission of a water well completion report or water well log.\n  4. The department may revoke any certificate of registration for\nviolation of any of the provisions of this section, or violation of\nrules made by the department pertaining thereto. A certificate of\nregistration may be revoked by the department regardless of the criminal\nprovisions with regard to this section found in section 71-1115.\n  5. a. On and after January first, two thousand three, any individual\nwho is responsible for the on-site supervision of water well drilling\nactivities must have passed, with at least a seventy percent score, a\ntwo-part certification exam by the national ground water association or\nan equivalent exam offered or approved by the commissioner. Evidence of\nhaving passed such exam shall be provided by the person responsible for\nthe on-site supervision of water well drilling activities upon demand of\nany enforcement officer.\n  b. Notwithstanding the provisions of paragraph a of this subdivision\nany individual, who is responsible for the on-site supervision of the\nrepair or installation of water pumps, requiring the opening of the well\ncasing, must have passed, with at least a seventy percent score, a\ncertification exam developed by the national ground water association or\nthe water systems council, or an equivalent exam offered or approved by\nthe commissioner. Evidence of having passed such exam shall be provided\nby the person responsible for the on-site supervision of the repair or\ninstallation of water pumps, requiring the opening of the well casing,\nupon demand of any enforcement officer.\n  6. Except as otherwise provided by law, nothing in this section shall\nbe deemed to preempt any provision of local law which requires the\nlicense or registration of water well drillers or which otherwise\nregulates the practice of water well drilling, provided that the\nprovisions of such local law are at least as comprehensive as the\nprovisions of this section.\n
N.Y. GOB Law § 5-1502J — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502J
Construction--benefits from governmental programs or civil or military service
Status: in_force

§ 5-1502J. Construction--benefits from governmental programs or civil\nor military service. In a statutory short form power of attorney, the\nlanguage conferring general authority with respect to "benefits from\ngovernmental programs or civil or military service," or in a statutory\nshort form power of attorney properly executed in accordance with the\nlaws in effect at the time of its execution, the language conferring\nauthority with respect to "military service," must be construed to mean\nthat the principal authorizes the agent:\n  1. To execute vouchers in the name of the principal for allowances and\nreimbursements payable by the United States, or a foreign government or\nby a state or subdivision of a state, to the principal, including but\nnot limited to allowances and reimbursements for transportation of the\nprincipal and of the principal's spouse, children and other dependents,\nand for shipment of household effects, to receive, to indorse and to\ncollect the proceeds of any check payable to the order of the principal\ndrawn on the treasurer or other fiscal officer or depositary of the\nUnited States or a foreign government or of any state or subdivision\nthereof;\n  2. To take possession and to order the removal and shipment of\nproperty of the principal from a post, warehouse, depot, dock or other\nplace of storage or safekeeping, either governmental or private, and\nexecute and deliver a release, voucher, receipt, bill of lading,\nshipping ticket, certificate or other instrument for such purpose;\n  3. To enroll in, apply for, select, reject, change, amend, or\ndiscontinue a benefit or program on the principal's behalf;\n  4. To prepare, file and prosecute a claim of the principal to any\nbenefit or assistance, financial or otherwise, to which the principal\nis, or claims to be, entitled, under a statute or governmental\nregulation, including any benefit or assistance which arises from or is\nbased upon military service performed prior to or after the creation of\nthe agency by the principal or by any person related by blood or by\nmarriage to the principal, to execute any receipt or other instrument\nwhich the agent shall think to be desirable or necessary for the\nenforcement or for the collection of such claim;\n  5. To receive the financial proceeds of any claim of the type\ndescribed in this section, conserve, invest, disburse or use anything so\nreceived for a lawful purpose;\n  6. To prosecute, defend, submit to alternative dispute resolution,\nsettle, and propose or accept a compromise with respect to any benefit\nor assistance described in subdivision four of this section;\n  7. To communicate with any representative or employee of a government,\ngovernmental subdivision, agency, or instrumentality on behalf of the\nprincipal;\n  8. To hire, discharge, and compensate any attorney, accountant, expert\nwitness, or other assistant or assistants when the agent shall think\nsuch action to be desirable for the proper execution of any of the\npowers described in this section; and\n  9. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, and which the agent shall think to be desirable or\nnecessary, to assure to the principal, and to the dependents of the\nprincipal, the maximum possible benefit from governmental programs or\nfrom civil or military service performed prior to or after the creation\nof the agency by the principal or by any person related by blood or\nmarriage to the principal.\n  All powers described in this section shall be exercisable equally with\nrespect to any benefits from governmental programs or civil or military\nservice existing at the giving of the power of attorney or thereafter\naccruing, and whether accruing in the state of New York or elsewhere.\n
N.Y. PBG Law § 418 — New York Code / Act PBG / Article 13 / Title 15 / Section 418
Town of Tonawanda Housing Authority
Status: in_force

§ 418. Town of Tonawanda Housing Authority.  A municipal housing\nauthority, to be known as the town of Tonawanda Housing Authority is\nhereby created and established for the town of Tonawanda in the county\nof Erie for the accomplishment of any and all of the purposes specified\nin article eighteen of the constitution of the state of New York. It\nshall constitute a body corporate and politic, be perpetual in duration\nand consist of three members. It shall have all the powers and duties,\nnow or hereafter conferred by this chapter upon municipal housing\nauthorities. It shall be organized in the manner prescribed by and be\nsubject to the provisions of this chapter and the authority, its\nmembers, officers, and employees and its operations and activities shall\nin all respects be governed by the provisions of this chapter.\n
N.Y. ENV Law § 15-1505 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1505
Interbasin diversions and water supply to other states
Status: in_force

§ 15-1505. Interbasin diversions and water supply to other states.\n  1. No person shall transport or carry through pipes, conduits, ditches\nor canals the waters of any fresh water lake, pond, brook, river,\nstream, or creek in this state or any well, subsurface or percolating\nwaters of this state into any other state for use therein without first\nobtaining a permit from the department pursuant to this title.\n  2. No person shall make a new or increased interbasin diversion which\nresults in a diversion in excess of one million gallons per day, as\ndetermined by the limiting maximum capacity of the treatment or\nconveyance system, or construct facilities or equipment therefor, until\nsuch person has registered the diversion with the department. No later\nthan February fifteenth, two thousand thirteen, all existing interbasin\ndiversions in excess of one million gallons per day, as determined by\nthe limiting maximum capacity of the treatment or conveyance system,\nshall be registered with the department.\n  3. Registration is not required for an interbasin diversion which is\npart of a water withdrawal system for which the department has issued a\npermit under this title, or which is operating pursuant to a duly\nauthorized permit issued by the department or its predecessors.\n  4. Registration shall be renewed every year or whenever ownership of\nthe facilities which create an interbasin diversion is transferred,\nwhichever occurs first. Registration shall be made on forms prescribed\nby the department and shall contain all information requested by the\ndepartment relative to the water withdrawal, use and discharge. Each\nperson who is required under this section to register shall annually, on\na form prescribed by the department, report all information requested by\nthe department, including the amount of water diverted. Information on\ninterbasin diversions shall be posted on the department's website.\n  5. No person shall make a new or increased interbasin diversion which\nresults in a significant adverse impact on the water quantity of the\nsource New York major drainage basin.\n  6. Diversions from the Great Lakes-St. Lawrence river basin are\nprohibited by the Great Lakes-St. Lawrence River Basin Water Resources\nCompact, as enacted in title ten of article twenty-one of this chapter.\nLimited exceptions for public water supply systems will only be\nconsidered when in compliance with that Compact.\n
N.Y. ENV Law § 15-1501 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1501
Water withdrawals; permit
Status: in_force

§ 15-1501.  Water withdrawals; permit.\n  1. Except as otherwise provided in this title, no person who is\nengaged in, or proposing to engage in, the operation of a water\nwithdrawal system with a capacity of greater than or equal to the\nthreshold volume, shall have any power to do the following until such\nperson has first obtained a permit or permit modification from the\ndepartment pursuant to this title:\n  a. To make a water withdrawal from an existing or new source or an\nincreased water withdrawal from an existing permitted source;\n  b. To take or condemn lands for the protection of any existing sources\nof public water supply; or for the development or protection of any new\nor additional sources of public water supply;\n  c. To commence or undertake the construction of any works or projects\nin connection with the proposed withdrawal; or\n  d. To extend its supply or distribution mains into any new water\nservice area or extension that has not been approved by the department\nor a predecessor commission; or\n  e. To make a significant change in the principal use of the water\nwithdrawal system from that specified in the permit, or permit\napplication.\n  2. All valid public water supply permits and approvals issued by the\ndepartment or its predecessors shall remain in full force and effect for\nthe purpose of satisfying the permit requirements of subdivision one of\nthis section for existing water withdrawals from a source and in an\namount authorized by such permit or approval. Until the department\npromulgates regulations pursuant to subdivision four of this section,\nnothing contained in subdivision one of this section concerning permits\nfrom the department shall be applicable to water withdrawals other than\nfor a public water supply system.\n  3. Nothing contained in this title concerning permits from the\ndepartment for water withdrawals shall be deemed to nullify the\nrequirements of the State Sanitary Code applicable to drinking water\nsupplies, including public water systems and bottled water facilities,\nin effect on February 15, 2012, as may be amended from time to time. No\nsupplier of water shall make, install or construct, or allow to be made,\ninstalled or constructed, a public water supply system or any addition\nor deletion to or modification of a public water supply system until the\nplans and specifications therefor have been submitted to and approved by\nthe commissioner of health or his or her designee as may be required by\nthe state sanitary code.\n  4. The department shall promulgate regulations to implement a\npermitting program for water withdrawals equal to or greater than the\nthreshold volume consistent with the requirements of this section which\nshall establish: (a) minimum standards for operation and new\nconstruction of water withdrawal systems; (b) monitoring, reporting and\nrecordkeeping requirements; and (c) protections for present and future\nneeds for sources of potable water supply. Such regulations may\nestablish quantitative standards that maintain stream flows protective\nof aquatic life, consistent with the policy objectives of this article\nand any other conditions, limitations and restrictions that the\ndepartment, in consultation with the department of health, determines\nare necessary to protect the environment and the public health, safety\nand welfare and to ensure the proper management of the waters of the\nstate. The regulations may establish exemptions from permitting\nrequirements in addition to those exemptions specified in this section.\n  5. The department is authorized to consolidate existing water supply\npermits for a public water supply system into one permit, and may\nrequire submission of an application for such permit where the\ndepartment determines that such actions are necessary to protect the\nenvironment and the public health, safety and welfare and to ensure the\nproper management of the waters of the state.\n  6. Each person who is required under this section to obtain a permit\nshall annually, on a form prescribed by the department, report all\ninformation requested by the department, including but not limited to\nwater usage and water conservation measures undertaken during the\nreporting period. Information on water usage and water conservation\nmeasures shall be posted on the department's website.\n  7. The following water withdrawals are exempt from the permit\nrequirements established by this section: (a) withdrawals used for fire\nsuppression or public emergency purposes; (b) withdrawals that have\nreceived an approval from a compact basin commission which administers a\nprogram governing water withdrawals; (c) closed loop, standing column,\nor similar non-extractive geothermal heat pumps; (d) withdrawals for\nwhich a permit has been issued pursuant to the requirements of section\n15-1527 of this title; (e) existing withdrawals for agricultural\npurposes provided the withdrawal has been registered with the department\npursuant to the requirements of title sixteen of this article or\nreported to the department pursuant to the requirements of title\nthirty-three of this article on or before February fifteenth, two\nthousand twelve; and (f) withdrawals at remediation sites conducted\npursuant to a federal or state court order or federal or state\ngovernment agency agreement or order.\n  8. The department shall establish a water conservation and efficiency\nprogram with the goals of (a) ensuring improvement of the waters and\nwater dependent natural resources, (b) protecting and restoring the\nhydrologic and ecosystem integrity of watersheds throughout the state,\n(c) retaining the quantity of surface water and groundwater in the\nstate, (d) ensuring sustainable use of state waters, and (e) promoting\nthe efficiency of use and reducing losses and waste of water.\n  9. The department shall issue an initial permit, subject to\nappropriate terms and conditions as required under this article, to any\nperson not exempt from the permitting requirements of this section, for\nthe maximum water withdrawal capacity reported to the department\npursuant to the requirements of title sixteen or title thirty-three of\nthis article on or before February fifteenth, two thousand twelve.\n
N.Y. GMU Law § 585-A — New York Code / Act GMU / Article 15-B / Title 15 / Section 585-A
Incorporated village of Hempstead community development agency
Status: in_force

§ 585-a. Incorporated village of Hempstead community development\nagency. 1. A community development agency to be known as the\nincorporated village of Hempstead community development agency, is\nhereby established for the accomplishment of any or all of the purposes\nspecified in articles fifteen and fifteen-A of this chapter and in\naccordance with article eighteen of the constitution of the state of New\nYork. It shall constitute a body corporate and politic, be perpetual in\nduration and consist of not less than three and not more than five\nmembers including the mayor. The additional members shall be appointed\nby the mayor with the concurring approval of the village board. It shall\nhave the powers and duties now or hereafter conferred by article\nfifteen-A of this chapter upon municipal renewal agencies. It shall be\norganized in the manner prescribed by and be subject to the provisions\nof article fifteen-A of this chapter and the agency, its members,\nofficers and employees and its operations and activities shall in all\nrespect be governed by the provisions of such article.\n  2. Notwithstanding any inconsistent provision of law unless the\ncontext clearly requires otherwise, any reference in any other law,\ngeneral, special or local, ordinance or resolution to the incorporated\nvillage of Hempstead urban renewal agency shall be deemed a reference to\nthe incorporated village of Hempstead community development agency. All\nacts, proceedings, rights and remedies of the incorporated village of\nHempstead urban renewal agency, created by chapter two hundred sixty-six\nof the laws of nineteen hundred sixty-four effective or occurring prior\nto the effective date of this section shall be and remain valid and\npreserved and shall in no manner be lost, impaired or affected by reason\nof the provisions of this section.\n
N.Y. ENV Law § 15-1506 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1506
Transportation of water by vessel
Status: in_force

§ 15-1506. Transportation of water by vessel.\n  1. Except as provided in subdivision three of this section, no person\nor public corporation shall transport or carry by vessel, more than ten\nthousand gallons in any one day of the waters of any freshwater lake,\npond, brook, river, stream, or creek in this state without first\nobtaining a permit from the department.\n  2. If the department finds that the transport of such water is\nreasonable, and is not contrary to the conservation of the natural\nresources of the state or to other uses of the water, including health,\nsafety and welfare of the people of the state, the permit shall be\ngranted subject to reasonable conditions on the withdrawal and\ntransport. Such permit shall be subject to annual renewal.\n  3. No permit shall be necessary for the taking of a volume of ballast\nwater necessary for normal vessel activity, but this exemption shall not\napply to the exchange of ballast water.\n  4. The department shall not issue permits for the transport of water\nby vessel which will conflict or be inconsistent with the provisions of\nany interstate compact, commission or charter relating to the allocation\nof water resources to which New York is a signitory.\n
N.Y. GOB Law § 5-1505 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1505
Standard of care; fiduciary duties; compelling disclosure of record
Status: in_force

§ 5-1505. Standard of care; fiduciary duties; compelling disclosure of\nrecord. 1. Standard of care. In dealing with property of the principal,\nan agent shall observe the standard of care that would be observed by a\nprudent person dealing with property of another.\n  2. Fiduciary duties. (a) An agent acting under a power of attorney has\na fiduciary relationship with the principal. The fiduciary duties\ninclude but are not limited to each of the following obligations:\n  (1) To act according to any instructions from the principal or, where\nthere are no instructions, in the best interest of the principal, and to\navoid conflicts of interest.\n  (2) To keep the principal's property separate and distinct from any\nother property owned or controlled by the agent, except for property\nthat is jointly owned by the principal and agent at the time of the\nexecution of the power of attorney, and property that becomes jointly\nowned after the execution of the power of attorney as the result of the\nagent's acquisition of an interest in the principal's property by reason\nof the agent's exercise of authority granted in the modifications\nsection of a statutory short form power of attorney or in a\nnon-statutory power of attorney. The agent may not make gifts of the\nprincipal's property to himself or herself without specific\nauthorization in a power of attorney.\n  (3) To keep a record of all receipts, disbursements, and transactions\nentered into by the agent on behalf of the principal and to make such\nrecord and power of attorney available to the principal or to third\nparties at the request of the principal. The agent shall make such\nrecord and a copy of the power of attorney available within fifteen days\nof a written request by any of the following:\n  (i) a monitor;\n  (ii) a co-agent or successor agent acting under the power of attorney;\n  (iii) a government entity, or official thereof, investigating a report\nthat the principal may be in need of protective or other services, or\ninvestigating a report of abuse or neglect;\n  (iv) a court evaluator appointed pursuant to section 81.09 of the\nmental hygiene law;\n  (v) a guardian ad litem appointed pursuant to section seventeen\nhundred fifty-four of the surrogate's court procedure act;\n  (vi) the guardian or conservator of the estate of the principal, if\nsuch record has not already been provided to the court evaluator or\nguardian ad litem; or\n  (vii) the personal representative of the estate of a deceased\nprincipal if such record has not already been provided to the guardian\nor conservator of the estate of the principal.\n  The failure of the agent to make the record available pursuant to this\nparagraph may result in a special proceeding under subdivision one of\nsection 5-1510 of this title.\n  (b) The agent may be subject to liability for conduct or omissions\nwhich violate any fiduciary duty.\n  (c) The agent is not liable to third parties for any act pursuant to a\npower of attorney if the act was authorized at the time and the act did\nnot violate subdivision one or two of this section.\n  3. Resignation. (a) An agent who has signed the power of attorney may\nresign by giving written notice to the principal and the agent's\nco-agent, successor agent or the monitor, if one has been named, or the\nprincipal's guardian if one has been appointed. If no co-agent,\nsuccessor agent, monitor or guardian is known to the agent and the\nprincipal is incapacitated or the agent has notice of any facts\nindicating the principal's incapacity, the agent may give written notice\nto a government entity having authority to protect the welfare of the\nprincipal, or may petition the court to approve the resignation.\n  (b) The principal may provide for alternative means for an agent's\nresignation in the power of attorney.\n
N.Y. PBA Law § 2309 — New York Code / Act PBA / Article 8 / Title 15 / Section 2309
Conflicts of interest
Status: in_force

§ 2309. Conflicts of interest. All members, officers, and employees of\nthe authority shall be subject to the provisions of article eighteen of\nthe general municipal law.\n
N.Y. GOB Law § 5-1503 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1503
Modifications of the statutory short form power of attorney
Status: in_force

§ 5-1503. Modifications of the statutory short form power of attorney.\nA power of attorney which satisfies the requirements of paragraphs (a),\n(b) and (c) of subdivision one of section 5-1501B and section 5-1513 of\nthis title is not prevented from being a "statutory short form power of\nattorney", by the fact that it also contains additional language at the\nsection labeled "modifications" which:\n  1. Eliminates from the statutory short form power of attorney one or\nmore of the powers enumerated in one or more of the constructional\nsections of this title with respect to a subdivision of the statutory\nshort form power of attorney, affirmatively chosen by the principal; or\n  2. Supplements one or more of the powers enumerated in one or more of\nthe constructional sections in this title with respect to a subdivision\nof the statutory short form power of attorney, affirmatively chosen by\nthe principal, by specifically listing additional powers of the agent;\nor\n  3. Makes some additional provision which is not inconsistent with the\nother provisions of the statutory short form power of attorney,\nincluding a provision revoking one or more powers of attorney previously\nexecuted by the principal.\n
N.Y. ENV Law § 11-1519 — New York Code / Act ENV / Article 11 / Title 15 / Section 11-1519
Vessels to carry employees of department
Status: in_force

§ 11-1519. Vessels to carry employees of department.\n  Any person operating a boat used in taking fish shall permit\nconservation officers or other employees of the department to board it\nand inspect its contents and shall carry such persons for the purpose of\ninspecting nets or taking fish eggs.\n
N.Y. GOB Law § 5-1551 — New York Code / Act GOB / Article 5 / Title 15-A / Section 5-1551
Power of parent to designate a person in parental relation
Status: in_force

§ 5-1551. Power of parent to designate a person in parental relation.\nA parent of a minor or incapacitated person may designate another person\nas a person in parental relation to such minor or incapacitated person\npursuant to sections twenty-one hundred sixty-four and twenty-five\nhundred four of the public health law and sections two and thirty-two\nhundred twelve of the education law for a period not exceeding twelve\nmonths provided that there is no prior order of any court in any\njurisdiction currently in effect that would prohibit such parent from\nhimself or herself exercising the same or similar authority, and\nprovided further, that, in the case where a court has ordered that both\nparents must agree on education or health decisions regarding the child,\na designation pursuant to this subdivision shall not be valid unless\nboth parents have consented thereto. Such designation shall be in the\nform prescribed by section 5-1552 of this title, and may be presented to\nany school, health care provider or health plan that requires such\ndesignation by either the parent or the designee.\n
N.Y. ENV Law § 15-1530 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1530
Long Island water usage information
Status: in_force

§ 15-1530. Long Island water usage information.\n  In Nassau and Suffolk counties, all water purveyors, either public or\nprivate, or a water authority, with ten thousand or more customers,\nshall include water usage information along with customer bills. Such\nusage information shall be specified in both gallons and cubic feet and\nat a minimum include:\n  1. information on year to date usage;\n  2. a seasonal comparison; and\n  3. last year's usage for the same time period.\n
N.Y. ENV Law § 17-1509 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1509
Cooperation with the Department of Health
Status: in_force

§ 17-1509. Cooperation with the Department of Health.\n  Notwithstanding any other provision of this title the Commissioner of\nEnvironmental Conservation is empowered to make administrative\narrangements with the Commissioner of Health for joint or cooperative\nadministration of this title and title II of Article 11 of the Public\nHealth Law, such that only one plan must be filed and only one fee\ntotalling three dollars and fifty cents per lot must be paid, except\nthat where department approval is sought in connection with a particular\nplan or map, such additional fee as may be specified in article 70 of\nthis chapter shall also be paid.\n
N.Y. GOB Law § 5-1502K — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502K
Construction--matters related to health care
Status: in_force

§ 5-1502K. Construction--matters related to health care. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "matters related to health care," or in a\nstatutory short form power of attorney properly executed in accordance\nwith the laws in effect at the time of its execution, the language\nconferring authority with respect to "records, reports and statements,"\nmust be construed to mean that the principal authorizes the agent:\n  1. To be responsible for matters relating to the principal's health\ncare, including, but not limited to, benefit entitlements and payment\nobligations, and in so doing, notwithstanding any law to the contrary,\nto receive from "health care providers" and "health plans," information,\nincluding, but not limited to, "protected health information" as defined\nin federal and state law, rules and regulations, in order to ascertain\nthe benefits to which the principal is entitled and to determine the\nlegitimacy and accuracy of charges for health care provided to the\nprincipal; to obtain for the principal the health care benefits to which\nthe principal is entitled; to meet the principal's financial\nobligations, and pay bills due and owing, for health care provided to\nthe principal; and to represent the principal, and to act as the\nprincipal's personal representative, with respect to matters pertaining\nto the principal's health care. The authority granted by this\nsubdivision is limited to health care financial matters and shall not\ninclude authorization for the agent to make health care decisions for\nthe principal;\n  2. To keep records of all cash received and disbursed for or on\naccount of the principal, of all credits and debits to the account of\nthe principal, and of all transactions affecting in any way the assets\nand liabilities of the principal;\n  3. To prepare, to execute and to file all tax, social security,\nunemployment insurance and information returns, required by the laws of\nthe United States, of any state or of any subdivision thereof or of any\nforeign government, to prepare, to execute and to file all other papers\nand instruments which the agent shall think to be desirable or necessary\nfor the safeguarding of the principal against excess or illegal taxation\nor against penalties imposed for claimed violation of any law or other\ngovernmental regulation;\n  4. To prepare, to execute and to file any record, report, statement,\nor other document to safeguard or promote the principal's interest,\nunder a statute or governmental regulation;\n  5. To hire, to discharge, and to compensate any attorney, accountant,\nor other assistant or assistants when the agent shall think such action\nto be desirable for the proper execution by him of any of the powers\ndescribed in this section; and\n  6. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with the preparation, execution,\nfiling, storage or other utilization of any records, reports or\nstatements of or concerning the principal's affairs.\n  All powers described in this section shall be exercisable equally with\nrespect to any health care billing and payment matters, and records,\nreports or statements of or concerning the affairs of the principal\nexisting at the giving of the power of attorney or thereafter arising,\nand whether arising in the state of New York or elsewhere.\n
N.Y. PBA Law § 2334 — New York Code / Act PBA / Article 8 / Title 15 / Section 2334
Termination of the authority
Status: in_force

§ 2334. Termination of the authority. Whenever all of the bonds issued\nby the authority shall have been redeemed or cancelled, and all\nstraight-lease transactions have been terminated, the authority shall\ncease to exist and all rights, titles, and interest and all obligations\nand liabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the city of Auburn.\n
N.Y. PBA Law § 2330 — New York Code / Act PBA / Article 8 / Title 15 / Section 2330
Remedies of bondholders
Status: in_force

§ 2330. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the clerk of the county of Cayuga and proved or acknowledged\nin the same manner as a deed to be recorded, may appoint a trustee to\nrepresent the holders of such bonds for the purposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name.\n  (a) by suit, action or special proceeding enforce all rights of the\nbondholders, including the right to require the authority to collect\nrevenues adequate to carry out any agreement as to, or pledge of, such\nrevenues, and to require the authority to carry out any other agreements\nwith the holders of such bonds and to perform its duties under this\ntitle;\n  (b) bring suit upon such bonds;\n  (c) by action or special proceeding, require the authority to account\nas if it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or special proceeding enjoin any acts or things which\nmay be unlawful or in violation of the rights of the holders of such\nbonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bond-holders. The venue of any\nsuch suit, action or proceeding shall be laid in the county of Cayuga.\n  4. Before declaring the principal of all such bonds due and payable,\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee, whether or not the issue of bonds represented by\nsuch trustee has been declared due and payable, shall be entitled as of\nright to the appointment of a receiver of any part or parts of the\nproject the revenues of which are pledged for the security of the bonds\nof such issue, and such receiver may enter and take possession of such\npart or parts of the project and, subject to any pledge or agreement\nwith bondholders, shall take possession of all moneys and other property\nderived from or applicable to the acquisition, construction, operation,\nmaintenance and reconstruction of such part or parts of the project and\nproceed with the acquisition of any necessary real property in\nconnection with the project that the authority has covenanted to\nconstruct, and with any construction which the authority is under\nobligation to do and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom subject to any pledge thereof or agreement with\nbondholders relating thereto and perform the public duties and carry out\nthe agreements and obligations of the authority under the direction of\nthe court. In any suit, action or proceeding by the trustee, the fee,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom such project.\n  6. Such trustee shall, in addition to the foregoing, have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. ENV Law § 54-1519 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1519
Powers and duties of a municipality
Status: in_force

§ 54-1519. Powers and duties of a municipality.\n  A municipality shall have the power and authority to:\n  1. undertake and carry out any project for which state assistance\npayments pursuant to contract are received or are to be received\npursuant to this article and maintain and operate such project;\n  2. expend money received from the state pursuant to this article for\ncosts incurred in conjunction with the approved project; and\n  3. perform such other and further acts as may be necessary, proper or\ndesirable to carry out a project or obligation, duty or function related\nthereto.\n
N.Y. GOB Law § 5-1504 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1504
Acceptance of and reliance upon acknowledged and witnessed statutory short form power of attorney
Status: in_force

§ 5-1504. Acceptance of and reliance upon acknowledged and witnessed\nstatutory short form power of attorney. 1. (a) For purposes of this\nsection, "acknowledged" means purportedly verified before a notary\npublic or other individual authorized to take acknowledgements. For\npurposes of this section, "witnessed" means purportedly witnessed by two\npersons who are not named in the instrument as agents or as permissible\nrecipients of gifts.\n  (b) A person that in good faith accepts an acknowledged and witnessed\npower of attorney without actual knowledge that the signature is not\ngenuine may rely upon the presumption that the signature is genuine.\n  (c) A person that in good faith accepts an acknowledged and witnessed\npower of attorney without actual knowledge that the power of attorney is\nvoid, invalid, or terminated, that the purported agent's authority is\nvoid, invalid, or terminated, or that the agent is exceeding or\nimproperly exercising the agent's authority may rely upon the power of\nattorney as if the power of attorney were genuine, valid and still in\neffect, the agent's authority were genuine, valid and still in effect,\nand the agent had not exceeded and had properly exercised the authority.\n  (d) A person that is asked to accept an acknowledged and witnessed\npower of attorney may request, and rely upon, without further\ninvestigation:\n  (1) an agent's certification under penalty of perjury of any factual\nmatter concerning the principal, agent or power of attorney; and\n  (2) an opinion of counsel as to any matter of law concerning the power\nof attorney if the person making the request provides in a writing or\nother record the reason for the request.\n  (e) An opinion of counsel requested under this section must be\nprovided at the principal's expense unless the request is made more than\nten business days after the power of attorney is presented for\nacceptance.\n  (f) For purposes of this section, a person that conducts activities\nthrough employees is without actual knowledge of a fact relating to a\npower of attorney, a principal, or an agent if the employee conducting\nthe transaction involving the power of attorney is without actual\nknowledge of the fact after making reasonable inquiry with respect\nthereto.\n  2. No third party located or doing business in this state shall\nrefuse, without reasonable cause, to honor a statutory short form power\nof attorney properly executed in accordance with section 5-1501B of this\ntitle, or a statutory short form power of attorney properly executed in\naccordance with the laws in effect at the time of its execution.\n  (a) Reasonable cause under this subdivision shall include, but not be\nlimited to:\n  (1) the refusal by the agent to provide an original power of attorney\nor a copy certified by an attorney pursuant to section twenty-one\nhundred five of the civil practice law and rules, or by a court or other\ngovernment entity;\n  (2) the third party's good faith referral of the principal and the\nagent or a person acting for or with the agent to the local adult\nprotective services unit;\n  (3) actual knowledge of a report having been made by any person to the\nlocal adult protective services unit alleging physical or financial\nabuse, neglect, exploitation or abandonment of the principal by the\nagent or a person acting for or with the agent;\n  (4) actual knowledge of the principal's death or a reasonable basis\nfor believing the principal has died;\n  (5) actual knowledge of the incapacity of the principal or a\nreasonable basis for believing that the principal is incapacitated where\nthe power of attorney tendered is a nondurable power of attorney;\n  (6) actual knowledge or a reasonable basis for believing that the\nprincipal was incapacitated at the time the power of attorney was\nexecuted;\n  (7) actual knowledge or a reasonable basis for believing that the\npower of attorney was procured through fraud, duress or undue influence;\n  (8) actual notice, pursuant to subdivision five of this section, of\nthe termination or revocation of the power of attorney;\n  (9) the refusal by a title insurance company to underwrite title\ninsurance for a gift of real property made pursuant to a statutory short\nform power of attorney or non-statutory power of attorney that does not\ncontain express instructions or purposes of the principal with respect\nto gifts in the modifications section of the statutory short form power\nof attorney or in the non-statutory power of attorney; or\n  (10) the refusal of a request for a certification or an opinion of\ncounsel under paragraph (d) of subdivision one of this section.\n  (b) It shall be deemed unreasonable for a third party to refuse to\nhonor a statutory short form power of attorney properly executed in\naccordance with section 5-1501B of this title or a statutory short form\npower of attorney properly executed in accordance with the laws in\neffect at the time of its execution, if the only reason for the refusal\nis any of the following:\n  (1) the power of attorney is not on a form prescribed by the third\nparty to whom the power of attorney is presented.\n  (2) there has been a lapse of time since the execution of the power of\nattorney.\n  (3) on the face of the statutory short form power of attorney, there\nis a lapse of time between the date of acknowledgment of the signature\nof the principal and the date of acknowledgment of the signature of any\nagent.\n  3. (a) Not later than the tenth business day after presentation of an\noriginal or attorney certified copy of a statutory short form power of\nattorney properly executed in accordance with section 5-1501B of this\ntitle or in accordance with the laws in effect at the time of its\nexecution to a third party for acceptance, such third party shall either\n(a) honor the statutory short form power of attorney, or (b) reject the\nstatutory short form power of attorney in a writing that sets forth the\nreasons for such rejection, which writing shall be sent to the principal\nand the agent at the addresses on the power of attorney and such other\naddresses as provided by the principal or the agent, or (c) request the\nagent to execute an acknowledged affidavit pursuant to subdivision seven\nof this section stating that the power of attorney is in full force and\neffect if the statutory short form power of attorney was not submitted\nfor acceptance together with such an acknowledged affidavit. Such\nreasons for rejection may include, but not be limited to non-conforming\nform, missing or wrong signature, invalid notarization, or unacceptable\nidentification. In the event that the statutory short form power of\nattorney presented is not an original or attorney certified copy, as\npart of the initial rejection, such short form power of attorney may be\nrejected for such reason, provided, however, in explaining the reason\nfor rejecting the short form power of attorney, the third party shall\nalso identify such other provisions of the short form power of attorney,\nif any, that would otherwise constitute cause for rejection of the\nstatutory short form power of attorney. If the third party initially\nrejects the statutory short form power of attorney in a writing that\nsets forth the reasons for such rejection, the third party shall within\nseven business days after receipt of a writing in response to the\nreasons for such rejection (i) honor the statutory short form power of\nattorney, or (ii) finally reject the statutory short form power of\nattorney in a writing that sets forth the reasons for such rejection.\nSuch writing shall be sent to the address provided on the power of\nattorney, to the address of the agent, if any, and may also be sent to\nsuch other address as shall be provided on the account documents, or to\nthe address of the attorney as provided in an opinion of counsel\npursuant to this section. If the third party requests the agent to\nexecute such an acknowledged affidavit, the third party shall honor such\nstatutory short form power of attorney within seven business days after\nreceipt by the third party of an acknowledged affidavit which complies\nwith the provisions of subdivision seven of this section, stating that\nthe power of attorney is in full force and effect unless reasonable\ncause exists as described in paragraph (a) of subdivision two of this\nsection. For the purposes of this subdivision, notice shall be\nconsidered delivered at the time such notice is mailed and the time\nrequirements in which to honor or reject the statutory short form power\nof attorney or request the agent to execute an acknowledged affidavit\nshall not apply to the department of audit and control, a public\nretirement system of the state as defined in subdivision six of section\none hundred fifty-two of the retirement and social security law, or the\ndepartment of health, including social services districts, in the\nadministration of the medical assistance "Medicaid" program pursuant to\ntitle XIX of the federal social security act or other public health\ninsurance programs.\n  (b) Notice to the agent as required by paragraph (a) of this\nsubdivision shall not be sent until after a determination is made by\nadult protective services if the reason for rejection is a reason set\nforth in subdivision two of this section and is otherwise prohibited by\nlaw or regulation.\n  4. (a) Once reasonably accepted, if a third party conducts a\ntransaction in reliance on a properly executed statutory short form\npower of attorney, the third party shall be held harmless from liability\nfor the transaction.\n  (b) Except as provided in subdivision five of this section, it shall\nbe deemed unlawful for a third party to unreasonably refuse to honor a\nproperly executed statutory short form power of attorney executed in\naccordance with section 5-1501B of this title or a statutory short form\npower of attorney properly executed in accordance with the laws in\neffect at the time of its execution. If a special proceeding as\nauthorized by section 5-1510 of this title is brought to compel the\nthird party to honor the statutory short form power of attorney, the\ncourt may award damages, including reasonable attorney's fees and costs,\nif the court finds that the third party acted unreasonably in refusing\nto honor the agent's authority under the statutory short form power of\nattorney. Such special proceeding shall be the exclusive remedy for a\nviolation of this section.\n  5. In the absence of actual knowledge that the principal lacked\ncapacity to execute a statutory short form power of attorney or that the\nstatutory short form power of attorney was procured through fraud,\nduress or undue influence, no third party receiving and retaining a\nstatutory short form power of attorney properly executed in accordance\nwith section 5-1501B of this title, or a statutory short form power of\nattorney properly executed in accordance with the laws in effect at the\ntime of its execution, or a complete photostatic copy of the properly\nexecuted original thereof, nor any officer, agent, attorney-in-fact or\nemployee of such third party shall incur any liability by reason of\nacting upon the authority thereof unless the third party shall have\nreceived actual notice of the revocation or termination of such power of\nattorney.\n  If a principal maintains an account at a financial institution, the\nfinancial institution is deemed to have actual notice after it has had a\nreasonable opportunity to act on a written notice of the revocation or\ntermination following its receipt of the same at its office where such\naccount is located.\n  6. If the application of the provisions of subdivision two or four of\nthis section shall be held invalid to any third party the application of\nsuch provisions to any third party other than those to which it is held\ninvalid, shall not be affected thereby.\n  7. When the power of attorney is presented to a third party, it shall\nnot be deemed unreasonable for a third party to require the agent to\nexecute an acknowledged affidavit pursuant to this subdivision stating\nthat the power of attorney is in full force and effect. Such an\naffidavit is conclusive proof to the third party relying on the power of\nattorney that the power of attorney is valid and effective, and has not\nbeen terminated, revoked or modified, except as to any third party who\nhad actual notice that the power of attorney had terminated, been\nrevoked or been modified prior to the execution of the affidavit. Such\naffidavit shall state that:\n  (a) the agent does not have, at the time of the transaction, actual\nnotice of the termination or revocation of the power of attorney, or\nnotice of any facts indicating that the power of attorney has been\nterminated or revoked;\n  (b) the agent does not have, at the time of the transaction, actual\nnotice that the power of attorney has been modified in any way that\nwould affect the ability of the agent to authorize or engage in the\ntransaction, or notice of any facts indicating that the power of\nattorney has been so modified;\n  (c) if the agent was named as a successor agent, the prior agent is no\nlonger able or willing to serve; and\n  (d) if the agent has been the principal's spouse, the power of\nattorney expressly provides that divorce or annulment as defined in\nsubparagraph two of paragraph (f) of section 5-1.4 of the estates,\npowers and trusts law does not terminate the agent's authority\nthereunder, or the agent does not have actual notice that the marriage\nhas been terminated by divorce or annulment as defined in subparagraph\ntwo of paragraph (f) of section 5-1.4 of the estates, powers and trusts\nlaw at the time of the transaction.\n  8. Nothing in this section shall require the acceptance of a form that\nis not a statutory short form power of attorney.\n  9. A statutory short form power of attorney or a non-statutory power\nof attorney that meets the requirements of subdivision one of section\n5-1501B of this title shall be accepted for recording so long as it has\nbeen signed by one agent named therein whose signature has been\nacknowledged. If two or more agents acting on behalf of the principal\nare required to act together, the power of attorney shall be accepted\nfor recording as long as their signatures have been acknowledged. When a\nsuccessor or co-agent authorized to act separately from any other agents\npresents a certified copy of a recorded statutory short form power of\nattorney or non-statutory power of attorney with the agent's signature\nacknowledged, the instrument shall be accepted for recording.\n
N.Y. GOB Law § 5-1508 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1508
Co-agents and successor agents
Status: in_force

§ 5-1508. Co-agents and successor agents. 1. A principal may designate\ntwo or more persons to act as co-agents. Unless the principal provides\notherwise in the power of attorney, the co-agents must act jointly.\nHowever, if prompt action is required to accomplish a purpose of the\npower of attorney and to avoid irreparable injury to the principal's\ninterest and a co-agent is unavailable because of absence, illness or\nother temporary incapacity, the other co-agent or co-agents may act for\nthe principal. Unless the principal provides otherwise in the power of\nattorney, if a vacancy occurs because of the death, resignation or\nincapacity of a co-agent, the remaining agent or agents may act for the\nprincipal.\n  2. A principal may designate one or more successor agents to serve, if\nany initial or predecessor agent resigns, dies, becomes incapacitated,\nis not qualified to serve or declines to serve. Unless the principal\nprovides otherwise in the power of attorney, a successor agent has the\nsame authority as that granted to an initial agent. A principal may\nprovide for specific succession rules.\n  3. A co-agent or a successor agent acting under a power of attorney\nshall have the authority to request, receive and seek to compel a\nco-agent or predecessor agent to provide a record of all receipts,\ndisbursements and transactions entered into by the agent on behalf of\nthe principal.\n  4. Any person, other than an estate or a trust, may act as an agent,\nco-agent or successor agent under a power of attorney.\n
N.Y. ENV Law § 54-1525 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1525
Restriction on alienation
Status: in_force

§ 54-1525. Restriction on alienation.\n  Real property acquired, developed, improved, restored or rehabilitated\nby a municipality pursuant to paragraph (i) of subdivision one of\nsection 54-1523 of this title with funds made available pursuant to this\ntitle shall not be sold or disposed of or used for other than public\npurposes without the express authority of an act of the legislature,\nwhich shall provide for the substitution of other lands of equal\nenvironmental and fair market value and reasonably equivalent usefulness\nand location to those to be discontinued, sold or disposed of, and such\nother requirements as shall be approved by the commissioner.\n
N.Y. GOB Law § 5-1553 — New York Code / Act GOB / Article 5 / Title 15-A / Section 5-1553
Scope of designation
Status: in_force

§ 5-1553. Scope of designation. A designation pursuant to this title\nmay specify: the treatment, diagnosis or activities for which consent is\nauthorized; any treatment, diagnosis or activity for which consent is\nnot authorized; or any other limitation on the duties and\nresponsibilities conveyed by the designation.\n
N.Y. GOB Law § 5-1502F — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502F
Construction--insurance transactions
Status: in_force

§ 5-1502F. Construction--insurance transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "insurance transactions," must be construed to mean that the\nprincipal authorizes the agent:\n  1. To continue, to pay the premium or assessment on, to modify, to\nrescind, to release or to terminate any contract of life, accident,\nhealth, disability or liability insurance or any combination of such\ninsurance procured by or on behalf of the principal prior to the\ncreation of the agency which insures either the principal or any other\nperson, without regard to whether the principal is or is not a\nbeneficiary thereunder; provided, however, with respect to life\ninsurance contracts existing at the creation of the agency, the\nauthority granted hereby shall not include the power to add, delete or\notherwise change the designation of beneficiaries in effect for any such\ncontract, unless the authority to make such additions, deletions or\nchanges is stated otherwise in the "Modifications" section of a\nstatutory short form power of attorney or in a non-statutory power of\nattorney signed and dated by the principal with the signature of the\nprincipal duly acknowledged in the manner prescribed for the\nacknowledgment of a conveyance of real property, and which is executed\npursuant to the requirements of section 5-1501B of this title;\n  2. To procure new, different or additional contracts of insurance\nprotecting the principal with respect to ill-health, disability,\naccident or liability of any sort, to select the amount, the type of\ninsurance contract and the mode of payment under each such policy, to\npay the premium or assessment on, to modify, to rescind, to release or\nto terminate, any contract so procured by the agent;\n  3. To apply for and to receive any available loan on the security of\nthe contract of insurance, whether for the payment of a premium or for\nthe procuring of cash, to surrender and thereupon to receive the cash\nsurrender value, to exercise an election as to beneficiary or mode of\npayment, to change the manner of paying premiums, and to change or to\nconvert the type of insurance contract, with respect to any contract of\nlife, accident, health, disability or liability insurance as to which\nthe principal has, or claims to have, any one or more of the powers\ndescribed in this section; provided, however, that the authority granted\nhereby shall not include the power to add, delete or otherwise change\nthe designation of beneficiaries in effect for any such contract, unless\nthe authority to make such additions, deletions or changes is expressly\nstated otherwise in the "Modifications" section of a statutory short\nform power of attorney or in a non-statutory power of attorney signed\nand dated by the principal with the signature of the principal duly\nacknowledged in the manner prescribed for the acknowledgment of a\nconveyance of real property, and which is executed pursuant to the\nrequirements of section 5-1501B of this title;\n  4. To demand, to receive, to obtain by action, proceeding or\notherwise, any money, dividend, or other thing of value to which the\nprincipal is, or may become, or may claim to be entitled as the proceeds\nof any contract of insurance or of one or more of the transactions\nenumerated in this section, to conserve, to invest, to disburse or to\nutilize anything so received for purposes enumerated in this section,\nand to reimburse the agent for any expenditures properly made by him in\nthe execution of the powers conferred on him by the statutory short form\npower of attorney;\n  5. To apply for and to procure any available governmental aid in the\nguaranteeing or paying of premiums of any contract of insurance on the\nlife of the principal;\n  6. To sell, to assign, to hypothecate, to borrow upon, or to pledge\nthe interest of the principal in any contract of insurance;\n  7. To pay, from such proceeds or otherwise, to compromise or to\ncontest, and to apply for refunds in connection with, any tax or\nassessment levied by a taxing authority with respect to any contract of\ninsurance or the proceeds thereof or liability accruing by reason of\nsuch tax or assessment;\n  8. To agree and to contract, in any manner, and with any person and on\nany terms, which the agent may select for the accomplishment of any of\nthe purposes enumerated in this section, and to perform, to rescind, to\nreform, to release or to modify any such agreement or contract;\n  9. To execute, to acknowledge, to seal and to deliver any consent,\ndemand, request, application, agreement, indemnity, authorization,\nassignment, pledge, notice, check, receipt, waiver or other instrument\nwhich the agent may think useful for the accomplishment of any of the\npurposes enumerated in this section;\n  10. To continue, to procure, to pay the premium or assessment on, to\nmodify, to rescind, to release, to terminate or otherwise to deal with\nany contract of insurance, other than those enumerated in subdivisions\none or two of this section, whether fire, marine, burglary,\ncompensation, disability, liability, hurricane, casualty, or other type,\nor any combination of insurance, to do any act or acts with respect to\nany such contract or with respect to its proceeds or enforcement which\nthe agent thinks to be desirable or necessary for the promotion or\nprotection of the interests of the principal;\n  11. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to any claim existing in favor of, or against, the principal\nbased on or involving any insurance transaction or to intervene in any\naction or proceeding relating thereto;\n  12. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section and for the keeping of needed\nrecords thereof; and\n  13. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with procuring, supervising,\nmanaging, modifying, enforcing and terminating contracts of insurance in\nwhich the principal is the insured or is otherwise in any way\ninterested.\n  All powers described in this section 5-1502F of the general\nobligations law shall be exercisable with respect to any contract of\ninsurance in which the principal is in any way interested, whether made\nin the state of New York or elsewhere.\n
N.Y. PBA Law § 2328 — New York Code / Act PBA / Article 8 / Title 15 / Section 2328
Tax contract by the state
Status: in_force

§ 2328. Tax contract by the state. The state covenants with the\npurchasers and with all subsequent holders and transferees of bonds or\nnotes issued by the authority pursuant to this title, in consideration\nof the acceptance of and payment for the bonds or notes, that the bonds\nand notes of the authority issued pursuant to this title and the income\ntherefrom, and all moneys, funds and revenues pledged to pay or secure\nthe payment of such bonds or notes shall at all times be free from\ntaxation except for estate taxes and taxes on transfers by or in\ncontemplation of death.\n
N.Y. GOB Law § 5-1502E — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502E
Construction--business operating transactions
Status: in_force

§ 5-1502E. Construction--business operating transactions. In a\nstatutory short form power of attorney, the language conferring general\nauthority with respect to "business operating transactions," must be\nconstrued to mean that the principal authorizes the agent:\n  1. To the extent that an agent is permitted by law thus to act for a\nprincipal, to discharge and to perform any duty or liability and also to\nexercise any right, power, privilege or option which the principal has,\nor claims to have, under any contract of partnership whether the\nprincipal is a general or special partner thereunder, to enforce the\nterms of any such partnership agreement for the protection of the\nprincipal, by action, proceeding or otherwise, as the agent shall think\nto be desirable or necessary, and to defend, submit to alternative\ndispute resolution, settle or compromise any action or other legal\nproceeding to which the principal is a party because of his membership\nin said partnership;\n  2. To exercise in person or by proxy or to enforce by action,\nproceeding or otherwise, any right, power, privilege or option which the\nprincipal has as the holder of any bond, share, or other instrument of\nsimilar character and to defend, submit to alternative dispute\nresolution, settle or compromise any action or other legal proceeding to\nwhich the principal is a party because of any such bond, share, or other\ninstrument of similar character;\n  3. With respect to any business enterprise which is owned solely by\nthe principal\n  a. to continue, to modify, to renegotiate, to extend and to terminate\nany contractual arrangements made with any person, firm, association or\ncorporation whatsoever by or on behalf of the principal with respect\nthereto prior to the creation of the agency;\n  b. to determine the policy of such enterprise as to the location of\nthe site or sites to be utilized for its operation, as to the nature and\nextent of the business to be undertaken by it, as to methods of\nmanufacturing, selling, merchandising, financing, accounting and\nadvertising to be employed in its operation, as to the amount and types\nof insurance to be carried, as to the mode of securing, compensating and\ndealing with accountants, attorneys, servants and other agents and\nemployees required for its operation, to agree and to contract, in any\nmanner, and with any person and on any terms, which the agent thinks to\nbe desirable or necessary for effectuating any or all of such decisions\nof the agent as to policy, and to perform, to rescind, to reform, to\nrelease or to modify any such agreement or contract or any other similar\nagreement or contract made by or on behalf of the principal;\n  c. to change the name or form of organization under which such\nbusiness is operated and to enter into such partnership agreement with\nother persons or to organize such corporation to take over the operation\nof such business, or any part thereof, as the agent shall think to be\ndesirable or necessary;\n  d. to demand and to receive all moneys which are, or may become, due\nto the principal, or which may be claimed by the principal or on his\nbehalf, in the operation of such enterprise, and to control and to\ndisburse such funds in the operation of such enterprise in any way which\nthe agent shall think to be desirable or necessary, to engage in any\nbanking transactions which the agent shall think to be desirable or\nnecessary for effectuating the execution of any of the powers of the\nagent described in this subdivision;\n  4. To prepare, to sign, to file and to deliver all reports,\ncompilations of information, returns or other papers with respect to any\nbusiness operating transaction of the principal, which are required by\nany governmental agency, department or instrumentality or which the\nagent shall think to be desirable or necessary for any purpose, and to\nmake any payments with respect thereto;\n  5. To pay, to compromise or to contest taxes or assessments and to do\nany act or acts which the agent shall think to be desirable or necessary\nto protect the principal from illegal or unnecessary taxation, fines,\npenalties or assessments in connection with his business operations,\nincluding power to attempt to recover, in any manner permitted by law,\nsums paid before or after the creation of the agency as taxes, fines,\npenalties or assessments;\n  6. To demand, to receive, to obtain by action, proceeding or\notherwise, any money, or other thing of value to which the principal is,\nor may become, or may claim to be entitled as the proceeds of any\nbusiness operation of such principal, to conserve, to invest, to\ndisburse or to utilize anything so received for purposes enumerated in\nthis section, and to reimburse the agent for any expenditures properly\nmade by him in the execution of the powers conferred upon him by the\nstatutory short form power of attorney;\n  7. To execute, to acknowledge, to seal and to deliver any deed,\nassignment, mortgage, lease, notice, consent, agreement, authorization,\ncheck or other instrument which the agent may think useful for the\naccomplishment of any of the purposes enumerated in this section;\n  8. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any business operating transaction or to intervene\nin any action or proceeding relating thereto;\n  9. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  10. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with any business operated by the\nprincipal, which the agent shall think to be desirable or necessary for\nthe furtherance or protection of the interests of the principal.\n  All powers described in this section 5-1502E of the general\nobligations law shall be exercisable equally with respect to any\nbusiness in which the principal is interested at the creation of the\nagency or in which the principal shall thereafter become interested, and\nwhether operated in the state of New York or elsewhere.\n
N.Y. ENV Law § 11-1501 — New York Code / Act ENV / Article 11 / Title 15 / Section 11-1501
Application of title
Status: in_force

§ 11-1501. Application of title.\n  1. This title 15 of the Fish and Wildlife Law and regulations adopted\npursuant hereto do not apply to (a) the taking of fish by angling as\npermitted in title 13; (b) the taking of fish or the use of nets in the\nmarine and coastal district as defined in section 13-0103, or in a trout\nor black bass hatchery operated under permit from the department as\nprovided in section 11-1909, or in a farm fish pond licensed as provided\nin section 11-1911 or in a fishing preserve licensed as provided in\nsection 11-1913; (c) the sale or taking for sale of bait fish named in\nsection 11-1315.\n  2. This title 15 and regulations adopted pursuant hereto do not\nrestrict the use of landing nets in completing the catch of fish taken\nby hook and line, or limit the provisions of section 11-1315 authorizing\nuse of nets and traps for taking bait fish, or of regulations of the\ndepartment authorizing use of eel weirs and eel pots. It does not limit\nthe provisions of section 11-0517, or the terms of any permit or license\nissued by the department pursuant to any other provision of the Fish and\nWildlife Law.\n
N.Y. ENV Law § 27-1505 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1505
Storage and containment of regulated medical waste
Status: in_force

§ 27-1505. Storage and containment of regulated medical waste.\n  1. Containment of regulated medical waste shall be in a manner and\nlocation which affords protection from the environment and limits\nexposure to the public.\n  2. Unless otherwise approved by the department, regulated medical\nwaste shall be contained at the generator's facility and at any other\nlocation off the site of the generator's facility only for such periods\nand under such conditions pursuant to rules and regulations adopted in\nfurtherance of this title.\n  3. Containment of regulated medical waste shall be separate from other\nwastes. Containers used for the containment of regulated medical waste\nshall be marked with prominent warning signs on the containers with the\nword "infectious" or the words "regulated medical waste".\n  4. Regulated medical waste, except for all discarded sharps, shall be\ncontained in bags which are impervious to moisture and have a strength\nsufficient to resist ripping, tearing or bursting under normal\nconditions of usage and of handling. The bags shall be secured so as to\nprevent leakage during storage, handling or transport. All bags used for\ncontainment and disposal of regulated medical wastes shall be red in\ncolor.\n  5. All discarded sharps shall be contained for disposal in leakproof,\nrigid, puncture-resistant containers which are secured to preclude loss\nof the contents. Such containers shall be red in color or shall be\nconspicuously labeled with the word "infectious" or the words "regulated\nmedical waste".\n  6. Before regulated medical waste is transported from the generator's\nfacility, regulated medical waste contained in disposable containers\nshall be placed for storage or handling in disposable or reusable pails,\ncartons, drums or portable bins. The containment system shall be\nleakproof, have tight-fitting covers and be kept clean and in good\nrepair. The containers may be of any color and shall be conspicuously\nlabeled with the word "infectious" or the words "regulated medical\nwaste".\n  7. Reusable containers for regulated medical waste shall be thoroughly\nwashed and decontaminated each time they are emptied in conformity with\nprocedures prescribed by the department of health, unless the surfaces\nof the containers have been completely protected from contamination by\ndisposable liners, bags or other devices removed with the waste.\n  8. Reusable pails, drums or bins used for containment of regulated\nmedical waste shall not be used for containment of waste to be disposed\nof as other wastes or for other purposes except after being\ndecontaminated in conformity with procedures prescribed by the\ndepartment of health.\n  9. Trash chutes shall not be used to transfer regulated medical waste\nbetween locations where it is contained.\n
N.Y. ENV Law § 27-1504 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1504
Regulated medical waste tracking program
Status: in_force

§ 27-1504. Regulated medical waste tracking program.\n  1. The commissioner shall promulgate new regulations or amend existing\nregulations establishing a program for the tracking of the regulated\nmedical waste which is generated in this state. Such regulations shall\nnot be subject to the requirements of subdivision 2 of section 3-0301 of\nthis chapter.\n  2. Such program shall:\n  a. Provide for tracking of the transportation of the waste from the\ngenerator to the disposal facility, except that waste that is treated\nneed not be tracked after treatment;\n  b. Include a system for providing the generator of the waste with\nassurance that the waste was treated or received by the disposal\nfacility; and\n  c. Use a uniform form for tracking provided that different forms may\nbe required for generators of differing quantities of medical waste.\n
N.Y. ENV Law § 21-1507 — New York Code / Act ENV / Article 21 / Title 15 / Section 21-1507
Jurisdiction of courts
Status: in_force

* § 21-1507. Jurisdiction of courts.\n  Except as otherwise specifically provided in such compact, the phrase\n"court of competent jurisdiction" as used in the mid-Atlantic states air\npollution control compact shall, with reference to this state, mean the\nsupreme court, and said court is hereby given all necessary and\nappropriate jurisdiction to hear and determine any action or proceeding\nbrought before it pursuant to appropriate provisions of the compact. As\nused in section 4.6 of the compact, the phrase "court of competent\njurisdiction" shall mean a court in which an appropriate proceeding\nunder article seventy-eight of the Civil Practice Law and Rules may be\nbrought. As used in subdivision a of section 3.2 of the compact, the\nphrase "court of competent jurisdiction" shall mean any court of this\nstate in which an action or proceeding of the same class brought by a\nresident could be heard and determined.\n* NB Denied Congressional consent; preempted by enactment of federal Air\n       Quality Act of 1967 (81 stat. 485)\n
N.Y. ENV Law § 11-1521 — New York Code / Act ENV / Article 11 / Title 15 / Section 11-1521
Management of striped bass in the Hudson River
Status: in_force

§ 11-1521. Management of striped bass in the Hudson River.\n  Notwithstanding any provision of law to the contrary:\n  1. Striped bass (Morone saxatilis) less than eighteen inches in total\nlength may not be taken, possessed, bought, sold or offered for sale.\n  2. Striped bass shall not be taken in the Hudson River from the George\nWashington bridge north to the Federal dam at Troy from December 1\nthrough March 15. Striped bass unintentionally taken in violation of\nthis subdivision shall be returned to the water immediately without\nunnecessary injury.\n  3. Striped bass shall not be taken in the Hudson River from the George\nWashington bridge north to the Federal dam at Troy with seines, fykes,\nhoop nets or trawls.\n  4. From March 15 through June 15, gill nets with stretched mesh size\ngreater than 3 1/2 inches and less than 5 inches shall not be set in the\nHudson River from the George Washington bridge north to the Federal dam\nat Troy nor possessed while on those waters.\n  5. In addition to the restrictions set forth in subdivision four\nhereof, from March 15 through June 15, no person shall set a gill net\nother than a drift gill net in the waters of the Hudson River lying\nbetween the Bear Mountain bridge and the Hamilton Fish Newburgh-Beacon\nbridge nor possess any gill net other than a drift gill net while on the\nshores or waters of that portion of the Hudson River. For the purposes\nof this subdivision a drift gill net is defined as a gill net that is\nnot anchored or staked and is free to move with water currents.  The\ndepartment shall identify additional spawning areas and allocate fishing\nlocations within these spawning areas.\n  6. Striped bass unintentionally taken in violation of subdivision one,\nthree, four or five of this section shall be returned to the water at\nonce without unnecessary injury, except that fish taken in gill nets\nneed not be so returned to the water but shall not be bought, sold or\ntrafficked in. For the purposes of this section "trafficked in" includes\npossession or transportation in any boat or vehicle other than the boat\nin which such striped bass were landed after being taken. Nothing in\nthis subdivision shall be construed as permitting any person to possess\nstriped bass of less than legal size.\n  7. On or before March 15, 1984 the department shall adopt rules and\nregulations limiting entry to the traditional commercial fishery for\nstriped bass in the Hudson River. Such rules and regulations may include\nthe establishment of a limit on the number of commercial striped bass\nlicenses to be issued, the establishment of equipment restrictions\nnecessary to maintain traditional fishing methods, the establishment of\na striped bass harvest quota for allocation among licensees and the\nestablishment of a Hudson River commercial fishing board whose members\nwill be appointed by the commissioner and which will function to approve\nor deny applications for commercial striped bass licenses on the basis\nof rules promulgated by the department, to establish criteria for the\nallotment of individual licensee catch quotas and to allot the catch\nquotas when the department establishes striped bass harvest limits for\nallocation among licensees. Such rules and regulations shall be publicly\nreviewed each year by the Hudson River Advisory Committee and revised as\nneeded to insure maintenance of an economically viable, stable and\ntraditional striped bass commercial fishery in the Hudson River and to\nprovide proper protection for the Hudson River striped bass population.\n  8. No person shall sell or expose or offer for sale, trade or barter\nstriped bass without first obtaining a commercial striped bass license.\nA commercial striped bass license is required only for initial sale,\nexposing or offering for sale, trade or barter and is not required for\nsubsequent sales. The resident fee for such license shall be determined\nby the commissioner and shall not exceed one hundred dollars. Fees for\nlicensing nets in the Hudson River as required by department rules and\nregulations shall be credited toward purchase of the commercial striped\nbass license. The nonresident fee for such license shall be two hundred\ndollars.\n
N.Y. PBA Law § 2300 — New York Code / Act PBA / Article 8 / Title 15 / Section 2300
Short title
Status: in_force

§ 2300. Short title. This title may be cited as the "Auburn Industrial\nDevelopment Act."\n
N.Y. PBA Law § 2316 — New York Code / Act PBA / Article 8 / Title 15 / Section 2316
Bonds of the authority
Status: in_force

§ 2316. Bonds of the authority. 1. The authority shall have the power\nand is hereby authorized from time to time to issue its negotiable bonds\nfor any of its corporate purposes in an aggregate principal amount not\nexceeding five hundred million dollars, including interest during\nconstruction and a reasonable period thereafter and such expenses as may\nbe deemed by the board necessary or desirable to the financing thereof\nand placing the project or projects in operation. The authority shall\nhave power from time to time and whenever it deems refunding expedient,\nto refund any bonds by the issuance of new bonds, whether the bonds to\nbe refunded have or have not matured, and may issue bonds partly to\nrefund bonds then outstanding and partly for any other purpose\nhereinabove described. The refunding bonds may be exchanged for the\nbonds to be refunded, with such cash adjustments as may be agreed, or\nmay be sold and the proceeds applied to the purchase or payment of the\nbonds to be refunded. In computing the total amount of bonds of the\nauthority which may at any time be outstanding the amount of the\noutstanding bonds to be refunded from the proceeds of the sale of new\nbonds or by exchange of new bonds shall be excluded. Except as may\notherwise be expressly provided by the authority, the bonds of every\nissue shall be general obligations of the authority payable out of any\nmoneys or revenues of the authority, subject only to any agreements with\nthe holders of particular bonds pledging any particular moneys or\nrevenues. Whether or not the bonds are of such form and character as to\nbe negotiable instruments under article eight of the uniform commercial\ncode the bonds shall be and are hereby made negotiable instruments\nwithin the meaning of and for all the purposes of the uniform commercial\ncode, subject only to the provisions of the bonds for registration.\n  2. The bonds shall be authorized by resolution of the authority and\nshall bear such date or dates, mature at such time or times not\nexceeding thirty years from their respective dates, bear interest at\nsuch rates, not exceeding fifteen per centum per annum payable annually\nor semi-annually, be in such denominations, be in such form, either\ncoupon or registered, carry such registration privileges, be executed in\nsuch manner, be payable in lawful money of the United States of America\nat such place or places and be subject to such terms of redemption, as\nsuch resolution or resolutions may provide. The bonds may be sold at\npublic or private sale for such price or prices as the authority shall\ndetermine, but which shall not at the time of sale yield more than\nfifteen per centum per annum.\n  3. Any resolution or resolutions authorizing any bonds or any issue of\nbonds may contain provisions, which shall be a part of the contract with\nthe holders of the bonds thereby authorized, as to\n  (a) pledging all or any part of the revenues of a project or projects\nto secure the payment of the bonds, subject to such agreements with\nbondholders or the city as may then exist;\n  (b) the rentals, fees and other charges to be charged, and the amounts\nto be raised in each year thereby, and the use and disposition of the\nrevenues;\n  (c) the setting aside of reserves or sinking funds, and the regulation\nand disposition thereof;\n  (d) limitations on the right of the authority to restrict and regulate\nthe use of a project;\n  (e) limitations on the purpose to which the proceeds of sale of any\nissue of bonds then or thereafter to be issued may be applied and\npledging such proceeds to secure the payment of the bonds or any issue\nof the bonds;\n  (f) limitations on the issuance of additional bonds; the terms upon\nwhich additional bonds may be issued and secured; the refunding of\noutstanding or other bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nbondholders may be amended or abrogated, the amount of bonds the holders\nof which must consent thereto, and the manner in which such consent may\nbe given;\n  (h) limitations on the amount of moneys derived from a project to be\nexpended for operating, administrative or other expenses of the\nauthority;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the authority may determine which may include any or\nall the rights, powers and duties of the trustees appointed by the\nbondholders pursuant to section twenty-three hundred thirty hereof, and\nlimiting or abrogating the right of the bondholders to appoint a trustee\nunder said section or limiting the rights, duties and powers of trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the bonds.\n
N.Y. ENV Law § 9-1501 — New York Code / Act ENV / Article 9 / Title 15 / Section 9-1501
Removal of trees
Status: in_force

§ 9-1501. Removal of trees.\n  No person shall cut, pull or dig up for the purpose of removal, injure\nor destroy or cause to be so removed, injured or destroyed, any tree on\nthe lands of another without consent of the owner. Any peace officer,\nacting pursuant to his or her special duties, or police officer may\nenforce the provisions of this section.\n
N.Y. ENV Law § 54-1521 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1521
Clean vehicle projects
Status: in_force

§ 54-1521. Clean vehicle projects.\n  1. As used in this section, the following terms shall have the\nfollowing meanings:\n  a. "eligible infrastructure project" shall mean any facility (not\nincluding a building and its structural components) that is publicly\navailable and used primarily for the public charging and/or fueling of\neligible vehicles as defined in this section, including but not limited\nto fast chargers, that has received required federal, state and local\npermits and authorizations, and complies with applicable zoning\nordinances.\n  b. "eligible purchase" shall mean the purchase by a municipality to\nown or lease for a period of not less than thirty-six months of an\neligible vehicle placed into service on or after April first, two\nthousand sixteen at a dealer located within New York.\n  c. "eligible vehicle" means and includes a new motor vehicle that:\n  (i) has four wheels;\n  (ii) was manufactured for use primarily on public streets, roads and\nhighways;\n  (iii) the powertrain of which has not been modified from the original\nmanufacturer's specifications;\n  (iv) has a maximum speed capability of at least fifty-five miles per\nhour; and\n  (v) is propelled at least in part by an electric motor and associated\npower electronics which provide acceleration torque to the drive wheels\nsometime during normal vehicle operation, and that draws electricity\nfrom a hydrogen fuel cell or from a battery that:\n  (A) has a capacity of not less than four kilowatt hours; and\n  (B) is capable of being recharged from an external source of\nelectricity.\n  2. a. Until April 1, 2029, the commissioner, in consultation with the\nNew York state energy research and development authority, is authorized\nto issue rebates until the annual allocation is exhausted to\nmunicipalities toward the cost of any eligible infrastructure projects\nwhich support the development of clean vehicles.\n  b. The department, in consultation with the New York state energy\nresearch and development authority, shall determine the amount of the\nrebate for eligible infrastructure projects, provided that an applicant\nfor such eligible infrastructure project rebate may receive a maximum\nrebate of two hundred fifty thousand dollars per facility, provided\nhowever that infrastructure projects that will maximize access by\nmultiple public users who might otherwise not have access may receive a\nmaximum of three hundred thousand dollars per facility.\n  3. a. Until April 1, 2029, the commissioner, in consultation with the\nNew York state energy research and development authority, is authorized\nto issue rebates until the annual allocation is exhausted to\nmunicipalities toward the cost of eligible purchases of clean vehicles.\n  b. The department, in consultation with the New York state energy\nresearch and development authority, shall determine the amount of the\nrebate taking into consideration the electric range of the vehicle,\nprovided that a rebate of an eligible purchase shall be not less than\ntwo thousand five hundred dollars per vehicle and not more than thirty\nthousand dollars per vehicle.\n  4. The department, in consultation with the New York state energy\nresearch and development authority, shall promulgate rules to implement\nand administer this title including rules relating to the forms required\nto claim a rebate, the required documentation for establishing\neligibility for a rebate, procedures and guidelines for claiming a\nrebate, and the collection of economic impact data from applicants and\nany other requirements the department and New York state energy research\nand development authority deem necessary. The department shall determine\nand publish on its website on an ongoing basis the amount of available\nfunding for rebates remaining in each fiscal year.\n  5. No later than April first, two thousand eighteen and annually\nthereafter, the department shall issue a report to the temporary\npresident of the senate and the speaker of the assembly detailing the\nstatus of its program to encourage the deployment of clean vehicles.\nSuch report shall include:\n  a. the amount of funding dedicated by the department for the program\nin the preceding year;\n  b. the number of eligible purchases and eligible infrastructure\nprojects for which a rebate was awarded;\n  c. the amount and geographic distribution of rebates; and\n  d. any other information the department deems necessary.\n
N.Y. PBA Law § 2312 — New York Code / Act PBA / Article 8 / Title 15 / Section 2312
Construction and purchase contracts
Status: in_force

§ 2312. Construction and purchase contracts. The provisions of section\neight hundred eighty-four of the general municipal law relating to\npublic bidding with respect to the construction of public facilities or\nprojects shall be applicable to the acquisition, construction,\nreconstruction, or improvement of projects authorized by this title.\n
N.Y. ENV Law § 54-1503 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1503
Climate smart community projects
Status: in_force

§ 54-1503. Climate smart community projects.\n  The commissioner, pursuant to appropriation therefor, is authorized to\nundertake climate smart community projects.\n
N.Y. GOB Law § 5-1510 — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1510
Special proceedings
Status: in_force

§ 5-1510. Special proceedings. 1. If the agent has failed to make\navailable a copy of the power of attorney and/or a record of all\nreceipts, disbursements, and transactions entered into by the agent on\nbehalf of a principal to a person who may request such record pursuant\nto subparagraph three of paragraph (a) of subdivision two of section\n5-1505 of this title, that person may commence a special proceeding to\ncompel the agent to produce a copy of the power of attorney and such\nrecord.\n  2. A special proceeding may be commenced pursuant to this section for\nany of the following additional purposes:\n  (a) to determine whether the power of attorney is valid;\n  (b) to determine whether the principal had capacity at the time the\npower of attorney was executed;\n  (c) to determine whether the power of attorney was procured through\nduress, fraud or undue influence;\n  (d) to determine whether the agent is entitled to receive compensation\nor whether the compensation received by the agent is reasonable for the\nresponsibilities performed;\n  (e) to approve the record of all receipts, disbursements and\ntransactions entered into by the agent on behalf of the principal;\n  (f) to remove the agent upon the grounds that the agent has violated,\nor is unfit, unable, or unwilling to perform, the fiduciary duties under\nthe power of attorney;\n  (g) to determine how multiple agents must act;\n  (h) to construe any provision of a power of attorney; or\n  (i) to compel acceptance of the power of attorney.\n  A special proceeding may also be commenced by an agent who wishes to\nobtain court approval of his or her resignation.\n  3. A special proceeding may be commenced pursuant to subdivision two\nof this section by any person identified in subparagraph three of\nparagraph (a) of subdivision two of section 5-1505 of this title, the\nagent, the spouse, child or parent of the principal, the principal's\nsuccessor in interest, or any third party who may be required to accept\na power of attorney.\n  4. If a power of attorney is suspended or revoked under this section,\nor the agent is removed by the court, the court may require the agent to\nprovide a record of all receipts, disbursements and transactions entered\ninto by the agent on behalf of the principal and to deliver any property\nbelonging to the principal and copies of records concerning the\nprincipal's property and affairs to a successor agent, a government\nentity or the principal's legal representative.\n
N.Y. ENV Law § 33-1501 — New York Code / Act ENV / Article 33 / Title 15 / Section 33-1501
Pesticides which may be seized
Status: in_force

§ 33-1501. Pesticides which may be seized.\n  1. Any pesticide that is distributed, sold, offered for sale or used\nwithin this state or delivered for transportation or transported in\nintrastate commerce or between points within this state through any\npoint outside this state may be seized for confiscation or be made the\nsubject of a stop-use order:\n  a. If it is adulterated or misbranded, or if it has not been\nregistered as required under this article;\n  b. If it fails to bear on its label the information required by this\narticle;\n  c. If it is a white powder pesticide and is not colored as required\nunder this article;\n  d. If a permit required by this article has not been issued in respect\nto such pesticide; or\n  e. If there is probable cause to believe a pesticide is being used in\nviolation of any provision of this article, title three of article\nfifteen of this chapter or rules or regulations promulgated pursuant to\nany such provision.\n  2. Whenever the commissioner or his duly authorized representative\nshall find distributed, sold, exposed or offered for sale within this\nstate any pesticide which is adulterated or misbranded as defined in\nthis article, or which fails to bear on its label the information\nrequired by this article, or which is not colored or registered as\nrequired under this article, or for which a permit has not been issued\nfor its sale, offer for sale, purchase, possession or use as required by\nthis article, he may seize or destroy such pesticide.\n  3. Whenever the commissioner finds, or has probable cause to believe,\nthat a pesticide is being used in violation of any provision of this\narticle, title three of article fifteen of this chapter, or rules and\nregulations promulgated pursuant thereto, the commissioner may issue a\nstop-use order requiring the user of the pesticide immediately to cease\nusing such pesticide and immediately to remove such pesticide to the\nspecified location. Within thirty days of the issuance of a stop-use\norder, the commissioner shall either rescind the stop-use order or\ncommence a proceeding to seize and destroy such pesticides.\n
N.Y. ENV Law § 54-1523 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1523
Climate adaptation and mitigation projects
Status: in_force

§ 54-1523. Climate adaptation and mitigation projects.\n  1. The commissioner is authorized to provide on a competitive basis,\nwithin amounts appropriated, state assistance payments to a municipality\ntoward the cost of any climate adaptation or mitigation projects. Such\nprojects shall include:\n  a. the construction of natural resiliency measures, conservation or\nrestoration of riparian areas and tidal marsh migration areas;\n  b. nature-based solutions such as wetland protections, including\nmapping and restoration of freshwater wetlands, to address physical\nclimate risk due to sea level rise, and/or storm surges and/or flooding,\nbased on available data predicting the likelihood of future extreme\nweather events, including hazard risk analysis data if applicable;\n  c. relocation or retrofit of facilities to address physical climate\nrisk due to sea level rise, and/or storm surges and/or flooding based on\navailable data predicting the likelihood of future extreme weather\nevents, including hazard risk analysis data if applicable;\n  d. flood risk reduction;\n  e. greenhouse gas emission reductions outside the power sector;\n  f. enabling communities to become certified under the climate smart\ncommunities program, including by developing natural resources\ninventories, right sizing of municipal fleets and developing climate\nadaptation strategies;\n  g. climate change adaptation planning and supporting studies,\nincluding but not limited to vulnerability assessment and risk analysis\nof municipal drinking water, wastewater, and transportation\ninfrastructure;\n  h. to establish and implement easily-replicated renewable energy\nprojects, including solar arrays, heat pumps and wind turbines in public\nlow-income housing in suburban, urban and rural areas; and\n  i. land acquisition, including but not limited to flood mitigation and\ncoastal riparian resiliency; provided, however, no monies shall be\nexpended for acquisition by eminent domain.\n  2. To the fullest extent practicable, it is the policy of the state to\npromote an equitable regional distribution of climate adaptation and\nmitigation projects, consistent with the purpose of this title, taking\ninto account regional differences in climate change risks, socioeconomic\nconditions and ecological resources.\n
N.Y. ENV Law § 17-1507 — New York Code / Act ENV / Article 17 / Title 15 / Section 17-1507
Filing fees to accompany plans
Status: in_force

§ 17-1507. Filing fees to accompany plans.\n  1. At the time of submitting a plan for approval as required by this\ntitle, a filing fee computed at the rate of one dollar and seventy-five\ncents per lot shall be paid to the department or to the city, county or\npart-county health district wherein such plans are filed, and where the\napproval sought is from the department, such additional fee as may be\nspecified in article 70 of this chapter shall also be paid.\n  2. The department, or the city, county or part-county health district,\nshall not review or approve any such subdivision map submitted for\napproval after this section takes effect until such fee, as herein\nprovided, has been received by it.\n  3. If any plan submitted to the department, or to a city, county or\npart-county health district, cannot be approved, such plan shall be\nreturned to the person who submitted the plan with a summary of the\nreasons for disapproval.\n
N.Y. PBA Law § 2322 — New York Code / Act PBA / Article 8 / Title 15 / Section 2322
State and city not liable on bonds
Status: in_force

§ 2322. State and city not liable on bonds. The bonds and other\nobligations of the authority shall not be a debt of the state or of the\ncity, and neither the state nor the city shall be liable thereon, nor\nshall they be payable out of any funds other than those of the\nauthority.\n
N.Y. PBA Law § 2327 — New York Code / Act PBA / Article 8 / Title 15 / Section 2327
Financial records
Status: in_force

§ 2327. Financial records. 1. The authority shall maintain books and\nrecords in such form as may be prescribed by the state comptroller.\n  2. Annually within ninety days following the close of its fiscal year,\nthe authority shall prepare and file a financial report for that fiscal\nyear complying with the requirements of section eight hundred fifty-nine\nof the general municipal law.\n  3. If the authority fails to file or substantially complete, as\ndetermined by the state comptroller, the financial statement required by\nsection eight hundred fifty-nine of the general municipal law, the\npenalties set forth in section eight hundred fifty-nine of the general\nmunicipal law shall apply to the authority.\n  4. The authority shall mail or deliver to the chief executive officer\nand the governing body of the city of Auburn and make available for\npublic inspection and comment, its proposed budget for the forthcoming\nfiscal year, no later than twenty business days before adoption. At such\ntime the authority shall file its proposed budget with the clerk of the\ncity of Auburn. Such proposed budget shall contain detailed estimates in\nwriting of the amount of revenues to be received and expenditures to be\nmade during the forthcoming fiscal year. Following its consideration of\nthe comments received, the agency may revise its budget accordingly and\nshall file the revised budget with the clerk of the city of Auburn.\n  5. Payments in lieu of taxes received by the authority shall be paid\nover to each affected tax jurisdiction within thirty days of receipt.\n  6. Payments in lieu of taxes which are delinquent under the agreement\nor which the authority fails to remit pursuant to subdivision five of\nthis section shall be subject to a late payment penalty of five percent\nof the amount due which shall be paid by the project occupant (where\ntaxes are delinquent because of the occupant's failure to make the\nrequired payment) or the agency (because of the agency's failure to\nremit pursuant to subdivision five of this section) to the affected tax\njurisdiction at the time the payment in lieu of taxes is paid. For each\nmonth, or part thereof, that the payment in lieu of taxes is delinquent\nbeyond the first month, interest shall accrue to and be paid to the\naffected tax jurisdiction on the total amount due plus a late payment\npenalty in the amount of one percent per month until the payment is\nmade.\n  7. An affected tax jurisdiction which has not received a payment in\nlieu of taxes due to it under an agreement may commence legal action in\nany court of competent jurisdiction directly against any person, firm,\ncorporation, organization or agency which is obligated to make payments\nin lieu of taxes under an agreement and has failed to do so. In such an\naction, the affected tax jurisdiction shall be entitled to recover the\namount due, the late payment penalty, interest, expenses, costs and\ndisbursements together with the reasonable attorneys' fees necessary to\nprosecute such action. Nothing herein shall be construed as providing an\naffected tax jurisdiction with the right to sue and recover from an\nagency which has not received payments in lieu of taxes from a project\noccupant.\n  8. Any refinancing of a project shall be subject to the provisions of\nsection twenty-three hundred seven of this chapter, except where such\nrefinancing was previously approved pursuant to such section.\n  9. Agents of the authority and project operators shall annually file a\nstatement with the state department of taxation and finance, on a form\nand in such a manner as is prescribed by the commissioner of taxation\nand finance, of the value of all sales and use tax exemptions claimed by\nsuch agents or agents of such agents or project operators, including,\nbut not limited to, consultants or subcontractors of such agents or\nproject operators under the authority granted pursuant to this section.\nThe penalty for failure to file such statements shall be removal of\nauthority to act as agent of the authority or project operator.\n
N.Y. PBA Law § 2310 — New York Code / Act PBA / Article 8 / Title 15 / Section 2310
Conveyance of property by the city to the authority and conveyance and leasing of said property by the authority
Status: in_force

§ 2310. Conveyance of property by the city to the authority and\nconveyance and leasing of said property by the authority. 1. The city\nmay, by duly adopted resolution of the common council or by instruments\nauthorized by such resolution, convey, with or without consideration, to\nthe authority real and personal property owned by the city for use by\nthe authority as a project. In case of real property so conveyed, the\ntitle thereto shall remain in the city but the authority shall have the\nuse thereof for so long as its corporate existence shall continue and\nsaid real property shall be under its jurisdiction, control and\nsupervision within the ambit of section twenty-three hundred twenty-six\nof this title and exempt from all taxes and assessments except such\npayments in lieu thereof as may be contained in such resolution or\ninstrument of conveyance. However, such property may be sold, or\noptioned for sale, by the authority (1) under the payment or agreement\nto pay reasonable consideration to the city or to the authority\naccording to their respective interest, and (2) upon approval of the\nterms of such sale, or option for sale, by duly adopted resolution of\nthe common council.\n  2. To the end that the city or any school district wherein a project\nor projects or a part thereof of the authority are located may not\nsuffer undue loss of taxes and local improvement assessments the\nauthority in connection with property owned or held by it within the\ncity and such district, is hereby authorized to pay annually in lieu of\ntaxes and local improvement assessments to the city or such school\ndistrict such sum as may be mutually agreed between the authority and\nthe city or such school district as the case may be. The city and any\nsuch school district wherein a project or part thereof of the authority\nis located is hereby authorized and empowered to enter into an agreement\nor agreements with the authority to accept the payment or payments which\nthe authority is hereby authorized and empowered to make. The sum so\nreceived by the city or any such school district shall be devoted to\npurposes to which taxes may be applied.\n  3. The city is authorized to install streets and utilities in the area\nof the project and to contract with the authority with respect to\npayments in lieu of local improvement assessments therefor and the\nauthority is authorized so to contract and to make appropriate payments\nin accordance therewith.\n  4. The authority is authorized in the event it leases any of the real\nproperty conveyed to it by the city, to provide that a portion of the\nrental derived therefrom shall be allocated to the aforesaid payments in\nlieu of taxes and assessments and to pay over said portion to the city\nor school district, as the case may be. The consent of the city or\nschool district as to the method and amount of such allocation shall be\nappended to any such lease.\n
N.Y. GOB Law § 5-1555 — New York Code / Act GOB / Article 5 / Title 15-A / Section 5-1555
Effect of designation
Status: in_force

§ 5-1555. Effect of designation. 1. A designee shall possess all the\npowers and duties of a person in parental relation pursuant to sections\ntwenty-one hundred sixty-four and twenty-five hundred four of the public\nhealth law and sections two and thirty-two hundred twelve of the\neducation law, unless otherwise specified in the designation.\n  2. A designation shall not impose upon a designee a duty to support\npursuant to section four hundred thirteen of the family court act.\n  3. A designation shall not cause a change in the school district of\nresidence of the child for purposes of the education law, and during the\nperiod of validity of the designation, the child shall be presumed to be\na resident of the school district in which the parent resided at the\ntime the designation was made.\n  4. A designation shall terminate and be deemed revoked upon the death\nor incapacity of the parent who signed the designation.\n  5. The decision of a designee shall be superseded by a contravening\ndecision of a parent.\n  6. A person who acts based upon the consent of a designee reasonably\nand in the good faith belief that the parent has in fact authorized the\ndesignee to provide such consent pursuant to the provisions of this\ntitle, may not be deemed to have acted negligently, unreasonably or\nimproperly in accepting the designation and acting upon such consent;\nprovided, however, that any such person may be deemed to have acted\nnegligently, unreasonably or improperly if he or she has knowledge of\nfacts indicating that the designation was never given, or did not extend\nto an act or acts in question, or was revoked.\n  7. No provision of this title shall be construed to require\ndesignation of a person in parental relation as provided in this title\nwhere such designation is not otherwise required by law, rule or\nregulation.\n
N.Y. PBA Law § 2318 — New York Code / Act PBA / Article 8 / Title 15 / Section 2318
Notes of the authority
Status: in_force

§ 2318. Notes of the authority. The authority shall have power from\ntime to time to issue notes and from time to time issue renewal notes\n(herein referred to as notes) maturing not later than five years from\ntheir respective original dates in an amount not exceeding at any time\none hundred thousand dollars, over and above the amount of bonds\nauthorized by subdivision one of section twenty-three hundred sixteen of\nthis title, for any purpose or purposes for which bonds may be issued,\nwhenever the authority shall determine that payment thereof can be made\nin full from any moneys or revenues which the authority expects to\nreceive from any source. Such notes may among other things, be issued to\nprovide funds to pay preliminary costs of studies, surveys, plans or\nother matters relating to any proposed project. The authority may pledge\nsuch moneys or revenues (subject to any other pledge thereof) for the\npayment of the notes and may in addition secure the notes in the same\nmanner and with the same effect as herein provided for bonds. The notes\nshall be issued in the same manner as bonds. The authority shall have\npower to make contracts for the future sale from time to time of the\nnotes, by which the purchasers shall be committed to purchase the notes\nfrom time to time on terms and conditions stated in such contracts, and\nthe authority shall have power to pay such consideration as it shall\ndeem proper for such commitments. In case of default on its notes or\nviolation of any of the obligations of the authority to the noteholders,\nthe noteholders shall have all the remedies provided herein for\nbondholders. Such notes shall be as fully negotiable as the bonds of the\nauthority.\n
N.Y. ENV Law § 27-1517 — New York Code / Act ENV / Article 27 / Title 15 / Section 27-1517
Permits for storage, transportation, treatment or disposal of regulated medical waste
Status: in_force

§ 27-1517. Permits for storage, transportation, treatment or disposal of\n             regulated medical waste.\n  1. In order to assure that permits authorizing the storage,\ntransportation, treatment or disposal of regulated medical waste are not\nissued to or held by unqualified or unsuitable persons, the commissioner\nmay, consistent with articles twenty-three and twenty-three-a of the\ncorrection law, and the provisions of section 70-0115 of this chapter,\ndeny, suspend, revoke or modify any permit, renewal or modification\nthereto for the storage, transportation, treatment or disposal of\nregulated medical waste, upon a written determination that such action\nis required to protect the public health and safety and that:\n  a. The permit holder or applicant has been finally determined in an\nadministrative, civil or criminal proceeding to have violated any\nprovision of this article, any related order or determination of the\ncommissioner, any regulation promulgated pursuant to this article, a\nmaterial condition of any permit issued thereunder, or of any\nsubstantially similar statute, regulation, order or permit condition of\nthe federal or other state government relating to the handling, storing,\ntreating, disposing or transporting of solid, hazardous, infectious,\nmedical or regulated medical waste; or\n  b. Such permit holder or applicant has been previously denied a permit\nfor the same or substantially similar activity based upon one or more of\nthe provisions of this subdivision; or\n  c. Such permit holder or applicant has been found in a civil\nproceeding to have committed a negligent or intentionally tortious act\nin relation to the handling, storing, treating, disposing or\ntransporting of solid, hazardous, infectious, medical or regulated\nmedical waste, or has been convicted in a criminal proceeding of a crime\ninvolving the handling, storing, treating, disposing or transporting of\nsolid, hazardous, infectious, medical or regulated medical waste,\nprovided, however, that where such conviction is of a criminal offense\nunder the laws of any other state or of the United States, such offense\nwould constitute a crime under the laws of this state; or\n  d. Such permit holder has been convicted of a felony under the laws of\nthis state involving fraud, bribery, perjury, or theft, or has been\nconvicted under the laws of any other state or of the United States of a\ncriminal offense which, if committed and prosecuted in this state, would\nconstitute a similar felony under such laws of this state.\n  e. Such permit holder or applicant, in any matter within the\njurisdiction of the department, has been determined to have knowingly\nfalsified a material fact, or knowingly submitted a false statement, or\nknowingly made use of a false statement in connection with any document\nor application submitted to the department; or\n  f. Such permit holder or applicant is either:\n  (i) an individual who had a substantial interest in or acted as a high\nmanagerial agent or director for any corporation, partnership,\nassociation or organization which committed an act or failed to act, and\nsuch act or failure to act could be the basis for the denial of a permit\npursuant to this section or regulations promulgated thereunder if such\ncorporation, partnership, association or organization applied for a\npermit under this title; or\n  (ii) a corporation, partnership, association, or organization, or any\nprincipal thereof, or any person holding a substantial interest therein,\nwhich committed an act or failed to act, and such act or failure to act\ncould be the basis for the denial of a permit pursuant to this section\nor regulations promulgated thereunder if such corporation, partnership,\nassociation or organization applied for a permit under this title; or\n  (iii) a corporation, partnership, association or organization or any\nhigh managerial agent or director thereof, or any person holding a\nsubstantial interest therein, acting as high managerial agent or\ndirector for or holding a substantial interest in another corporation,\npartnership, association or organization which committed an act or\nfailed to act, and such act or failure to act could be the basis for the\ndenial of a permit pursuant to this section or regulations promulgated\nthereunder had such other corporation, partnership, association or\norganization applied for a permit under this title.\n  For the purposes of this subdivision, "high managerial agent" has the\nsame meaning as is given that term in section 20.20 of the penal law.\n  2. Any act or failure to act which serves as a basis for denial or\nrevocation of a permit pursuant to this subdivision shall have occurred\nwithin five years from the date on which the application for a permit,\nrenewal or modification is submitted to the department or from the date\non which the department serves notice of intent to revoke or modify a\npermit issued by the department in relation to an existing permit.\n  3. Any person denied a permit, renewal or modification on the grounds\nspecified in this section shall be entitled to a hearing within sixty\ndays of such denial in the case of a new permit, or within fifteen days\nin the case of a renewal or modification of any existing permit. The\nconduct of such hearing shall be governed by article 70 of this chapter\nand regulations promulgated thereunder.\n
N.Y. PBA Law § 2320 — New York Code / Act PBA / Article 8 / Title 15 / Section 2320
Agreements of the city and state
Status: in_force

§ 2320. Agreements of the city and state. The city is authorized to,\nand the state does hereby, pledge to and agree with the holders of the\nbonds that neither the city nor the state, respectively, will limit or\nalter the rights, hereby vested in the authority to acquire, construct,\nreconstruct, improve, maintain, equip and finish the project or\nprojects, to establish and collect rentals, fees and other charges and\nto fulfill the terms of any agreements made with the holders of the\nbonds, nor in any way impair the rights and remedies of the bondholders,\nuntil the bonds, together with interest thereon, with interest on any\nunpaid installments of interest and all costs and expenses in connection\nwith any action or proceeding by or on behalf of the bondholders, are\nfully met and discharged.\n
N.Y. GOB Law § 5-1502D — New York Code / Act GOB / Article 5 / Title 15 / Section 5-1502D
Construction--banking transactions
Status: in_force

§ 5-1502D. Construction--banking transactions. In a statutory short\nform power of attorney, the language conferring general authority with\nrespect to "banking transactions," must be construed to mean that the\nprincipal authorizes the agent:\n  1. To continue, to modify, to terminate and to make deposits to and\nwithdrawals from any deposit account, including any joint account with\nthe agent or totten trust for the benefit of the agent, or other banking\narrangement made by or on behalf of the principal prior to the creation\nof the agency, provided, however, that:\n  (a) with respect to joint accounts existing at the creation of the\nagency, the authority granted hereby shall not include the power to\nchange the title of the account by the addition of a new joint tenant or\nthe deletion of an existing joint tenant, unless the authority to make\nsuch changes is expressly stated otherwise in the "Modifications"\nsection of a statutory short form power of attorney or in a\nnon-statutory power of attorney signed and dated by the principal with\nthe signature of the principal duly acknowledged in the manner\nprescribed for the acknowledgement of a conveyance of real property, and\nwhich is executed pursuant to the requirements of section 5-1501B of\nthis title, and\n  (b) with respect to totten trust accounts existing at the creation of\nthe agency, the authority granted hereby shall not include the power to\nadd, delete, or otherwise change the designation of beneficiaries in\neffect for any such accounts, unless the authority to make such\nadditions, deletions or changes is expressly stated otherwise in the\n"Modifications" section of a statutory short form power of attorney or\nin a non-statutory power of attorney signed and dated by the principal\nwith the signature of the principal duly acknowledged in the manner\nprescribed for the acknowledgment of a conveyance of real property, and\nwhich is executed pursuant to the requirements of section 5-1501B of\nthis title.\n  2. To open in the name of the principal or on behalf of the principal\na deposit account of any type with any banker or in any banking\ninstitution selected by the agent, to make deposits to and withdrawals\nfrom any such deposit account, to hire such safe deposit box or vault\nspace and to make such other contracts for the procuring of other\nservices made available by any such banker or banking institution as the\nagent shall think to be desirable;\n  3. To make, to sign and to deliver checks or drafts for any purpose,\nto withdraw by check, order or otherwise any funds or property of the\nprincipal deposited with, or left in the custody of, any banker or\nbanking institution, wherever located, either before or after the\ncreation of the agency;\n  4. To prepare from time to time financial statements concerning the\nassets and liabilities or income and expenses of the principal, and to\ndeliver statements so prepared to any banker, banking institution or\nother person, whom the agent believes to be reasonably entitled thereto;\n  5. To receive statements, vouchers, notices or other documents from\nany banker or banking institution and to act with respect thereto;\n  6. To have free access at any time or times to any safe deposit box or\nvault to which the principal might have access, if personally present;\n  7. To borrow money by bank overdraft, or by promissory note of the\nprincipal given for such period and at such interest rate as the agent\nshall select, to give such security out of the assets of the principal\nas the agent shall think to be desirable or necessary for any such\nborrowing, to pay, to renew or to extend the time of payment of any note\nso given or given by or on behalf of the principal, and to procure for\nthe principal a loan from any banker or banking institution by any other\nprocedure made available by such banker or institution;\n  8. To make, to assign, to indorse, to discount, to guarantee, and to\nnegotiate, for any and all purposes, all promissory notes, bills of\nexchange, checks, drafts or other negotiable or non-negotiable paper of\nthe principal, or payable to the principal or to his order, to receive\nthe cash or other proceeds of any such transactions, to accept any bill\nof exchange or draft drawn by any person upon the principal, and to pay\nit when due;\n  9. To receive for the principal and to deal in and to deal with any\ntrust receipt, warehouse receipt or other negotiable or non-negotiable\ninstrument, in which the principal has or claims to have an interest;\n  10. To apply for and to receive letters of credit or travelers checks\nfrom any banker or banking institution selected by the agent, giving\nsuch indemnity or other agreements in connection therewith as the agent\nshall think to be desirable or necessary;\n  11. To consent to an extension in the time of payment with respect to\nany commercial paper or any banking transaction in which the principal\nhas an interest or by which the principal is, or might be, affected in\nany way;\n  12. To pay, to compromise or to contest taxes or assessments and to\napply for refunds in connection therewith;\n  13. To demand, to receive, to obtain by action, proceeding, or\notherwise any money or other thing of value to which the principal is,\nor may become, or may claim to be entitled as the proceeds of any\nbanking transaction conducted by the principal himself, or by the agent\nin the execution of any of the powers described in this section, or\npartly by the principal and partly by the agent so acting, to conserve,\nto invest, to disburse or to utilize anything so received for purposes\nenumerated in this section, and to reimburse the agent for any\nexpenditures properly made by him in the execution of the powers\nconferred upon him by the statutory short form power of attorney;\n  14. To execute, to acknowledge, to seal and to deliver any instrument\nof any kind, in the name of the principal or otherwise, which the agent\nmay think useful for the accomplishment of any of the purposes\nenumerated in this section;\n  15. To prosecute, to defend, to submit to alternative dispute\nresolution, to settle, and to propose or to accept a compromise with\nrespect to, any claim existing in favor of, or against, the principal\nbased on or involving any banking transaction or to intervene in any\naction or proceeding relating thereto;\n  16. To hire, to discharge, and to compensate any attorney, accountant,\nexpert witness or other assistant or assistants when the agent shall\nthink such action to be desirable for the proper execution by him of any\nof the powers described in this section, and for the keeping of needed\nrecords thereof; and\n  17. In general, and in addition to all the specific acts in this\nsection enumerated, to do any other act or acts, which the principal can\ndo through an agent, in connection with any banking transaction which\ndoes or might in any way affect the financial or other interests of the\nprincipal.\n  18. If a power of attorney requires that two or more agents act\ntogether as co-agents, one or more agents may delegate to the co-agent\nthe authority to conduct banking transactions if the principal initialed\nsubject (o) in the grant of authority provisions of paragraph (f) of the\nstatutory short form set forth in section 15-1513 of this title.\n  All powers described in this section 5-1502D of the general\nobligations law shall be exercisable equally with respect to any banking\ntransaction engaged in by the principal at the giving of the power of\nattorney or thereafter engaged in, and whether conducted in the state of\nNew York or elsewhere.\n
N.Y. ENV Law § 15-1517 — New York Code / Act ENV / Article 15 / Title 15 / Section 15-1517
Reservoir to be owned by the state
Status: in_force

§ 15-1517. Reservoir to be owned by the state.\n  Any lands not owned by the state, but required for the purpose of the\nconstruction of the reservoir on forest preserve lands shall be acquired\nby the applicant, by purchase or condemnation, and conveyed by the\napplicant to the state, provided however that no rental shall be paid to\nthe state for any land thus acquired. The reservoir and all dams, dikes,\nspillways, gate houses, pipe lines or any other works which the\ndepartment shall construct on state owned land shall be the property of\nthe state, but shall be operated solely for the benefit of the\napplicant. All real estate, reservoirs and appurtenant structures\nacquired, taken or constructed pursuant to the provisions of sections\n15-1507 through 15-1519 are hereby dedicated to the uses and purposes\nfor which acquired, taken or constructed, and the right, title and\ninterest acquired by the state therein is so acquired subject to such\nuse and purposes.\n
N.Y. ENV Law § 54-1507 — New York Code / Act ENV / Article 54 / Title 15 / Section 54-1507
Criteria for climate smart community projects
Status: in_force

§ 54-1507. Criteria for climate smart community projects.\n  Costs incurred prior to April first, two thousand sixteen, shall not\nbe eligible for state assistance payments funded pursuant to this title.\nProjects must demonstrate an ability to identify, mitigate and/or adapt\nto climate change vulnerability and risk or demonstrate potential to\nreduce greenhouse gas emissions outside the power sector.\n
N.Y. GOB Law § 5-1552 — New York Code / Act GOB / Article 5 / Title 15-A / Section 5-1552
Form of designation
Status: in_force

§ 5-1552. Form of designation. 1. Designations in general. A\ndesignation of a person in parental relation pursuant to this title\nshall be in writing and shall include: the name of the parent, the name\nof the designee, the name of each minor or incapacitated person with\nrespect to whom such designation is made, the parent's signature, and\nthe date of such signature. The designation may specify a period of time\nless than twelve months for which such designation shall be valid unless\nearlier revoked by such parent pursuant to section 5-1554 of this title,\nprovided that any designation specifying a period of more than thirty\ndays shall also conform to the provisions of subdivision two of this\nsection.\n  2. Designations for more than thirty days. A designation specifying a\nperiod of more than thirty days shall also include: an address and\ntelephone number where the parent can be reached, an address and\ntelephone number where the designee can be reached, the date of birth of\neach minor or incapacitated person with respect to whom such designation\nis made, the date or contingent event on which the designation\ncommences, the written consent of the designee to such designation, and\na statement that there is no prior order of any court in any\njurisdiction currently in effect prohibiting such parent from making the\ndesignation. A designation specifying a period of more than thirty days\nshall be notarized.\n  3. Designations not specifying a time period. If no time period is\nspecified in a designation, it shall be valid until the earlier of\nrevocation or the expiration of thirty days from the date of signature\nif the designation does not meet the requirements of subdivision two of\nthis section, or twelve months from the date of commencement specified\ntherein if the designation meets the requirements of subdivision two of\nthis section.\n