N.Y. ENV Law § 27-1115 — New York Code / Act ENV / Article 27 / Title 11 / Section 27-1115
Aid to local governments
Status: in_force

§ 27-1115. Aid to local governments.\n  No later than the first day of April, nineteen hundred eighty-eight,\nthe department shall submit to the legislature and the governor a report\nrecommending appropriate forms of state aid or assistance to local\ngovernmental units within the boundaries of which any industrial\nhazardous waste treatment, storage and disposal facilities subject to\nthis title may be located. Such report shall be developed by the\ndepartment and shall:\n  1. describe the nature of the probable impacts upon local governmental\nunits of such facilities;\n  2. describe the possible forms or kinds of state or other aid or\nassistance which might be appropriate to mitigate or provide off-setting\nbenefits with respect to each of the kinds of probable impacts on local\ngovernmental units identified pursuant to this section; and\n  3. set forth the department's specific recommendations to the\nlegislature and the governor for the forms of kinds of state or other\naid or assistance to local governmental units to mitigate or provide\noff-setting benefits with respect to such impacts, together with the\nreasons for the department's specific recommendations.\n
N.Y. PBA Law § 1299-U — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-U
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1299-u. Title not affected if in part unconstitutional or\nineffective. If any provision of any section of this title or the\napplication thereof to any person or circumstance shall be adjudged\ninvalid by a court of competent jurisdiction, such order or judgment\nshall be confined in its operation to the controversy in which it was\nrendered, and shall not affect or invalidate the remainder of any\nprovision of any section of this title or the application of any part\nthereof to any other person or circumstance and to this end the\nprovisions of each section of this title are hereby declared to be\nseverable.\n
N.Y. VAT Law § 2262 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2262
Limitations on registrations
Status: in_force

§ 2262. Limitations on registrations. 1. A registration issued to a\nclass B or class C limited use motorcycle shall be valid only for\noperation on public highways in the right hand lane available for\ntraffic or upon a usable shoulder on the right side of the highway. The\nlimitation with respect to operation in the right hand lane or upon a\nusable shoulder shall not apply when preparing for a left turn at an\nintersection or into or from a private road or driveway.\n  2. Notwithstanding the foregoing provisions of this section, a\nregistration issued pursuant to this article shall not be valid for\noperation on any public highway in violation of any state or local\nordinance, law, rule or regulation enacted or promulgated pursuant to\nthe provisions of Title VIII of this chapter prohibiting or restricting\nthe use of limited use vehicles, nor on any controlled access highway\nother than on a bridge or tunnel or other portion of such highway which\nis specifically designated for use by limited use vehicles by the\nauthority having jurisdiction over such bridge or tunnel or highway.\n  3. No person shall operate a limited use vehicle on a public highway\nwhere such operation is not permitted in accordance with the provisions\nof this section.\n  4. No person shall operate a low speed vehicle on any public highway:\n  (a) with a speed limit in excess of thirty-five miles per hour,\nprovided that the provisions of this paragraph shall not prohibit the\ncrossing of a public highway with a speed limit in excess of thirty-five\nmiles per hour where such highway intersects with a highway with a speed\nlimit of thirty-five miles per hour or less; or\n  (b) which, in the interest of public safety, a local authority or the\ndepartment of transportation has prohibited low speed vehicles.\n
N.Y. ENV Law § 21-1103 — New York Code / Act ENV / Article 21 / Title 11 / Section 21-1103
State member of the basin panel and representative; planning members
Status: in_force

§ 21-1103. State member of the basin panel and representative; planning\n             members.\n  1. As provided in the third subdivision of section three of article\nthree of the compact the Governor shall be this state's member on the\nbasin panel established thereby or shall appoint a representative to act\nfor him. He shall appoint four planning members of the commissions to\nserve at his pleasure: a citizen who is a resident of the valley, a\nstate planning official, a state parks official and an officer of the\nDepartment of Environmental Conservation.\n  2. The legislative member shall be elected by a majority vote of the\nlegislators elected from the counties of Clinton, Essex, Warren and\nWashington.\n  3. Any person, member or alternate, serving on the interstate\ncommission on Lake Champlain basin (Incochamp) pursuant to this section\nshall be reimbursed for all necessary expenses incurred as an incident\nof such service, and such reimbursement shall be from the funds of said\nperson's department or office. For this purpose the citizen member shall\nbe considered as a member of the executive department.\n
N.Y. ENV Law § 9-1105 — New York Code / Act ENV / Article 9 / Title 11 / Section 9-1105
General prohibitions
Status: in_force

§ 9-1105. General prohibitions.\n  1. The following are prohibited:\n  (a) setting of fires on or near forest land and leaving such fires\nunattended and unquenched;\n  (b) setting of a fire which will endanger the property of another;\n  (c) setting of forest land on fire except where necessary to implement\nany provision of this chapter, including, but not limited to, paragraph\nv of subdivision two of section 3-0301 of this chapter; provided,\nhowever, that nothing contained in this paragraph shall permit the\nsetting on fire of any land constituting the forest preserve or of any\nstate land within the Adirondack Park or the Catskill Park for any\npurpose other than fire suppression. The department shall promulgate\nregulations governing the use of fire which shall include provisions for\nnotification of, or waiver of notification by, local fire officials;\n  (d) setting of a permitted fire in or near forest land without all\ninflammable material having first been removed for a distance of 3 feet\naround the fire;\n  (e) the dropping, throwing or otherwise scattering of lighted matches,\nburning cigars, cigarettes or tobacco on forest land;\n  (f) the defacing, destruction or removal of any posted notice\ncontaining forest fire warnings, laws or rules and regulations.\n  2. It shall be unlawful to deposit, and leave in any of the fire\ntowns, or in any town included in a fire district as defined in\nsubdivision 2 of section 9-1109 of this title, brush or inflammable\nmaterial upon the right of way of highways.\n  3. No device for generating power which burns wood, coke, lignite or\ncoal shall be operated in, through or near forest land, unless the\nescape of sparks, cinders or coals shall be prevented in such manner as\nmay be required by the department.\n  4. In any of the fire towns, or in any town included in a fire\ndistrict as defined in subdivision 2 of section 9-1109, brush, logs,\nslash or other inflammable material shall not be left or allowed to\nremain on land within 25 feet of the right of way of a railroad or\nwithin 20 feet of the right of way of a public highway.\n  5. It shall be unlawful to set or cause to be set or sustain any open\nfire for purpose of burning logs, leaves, sawdust, slabs, brush, stumps,\ndry grass or other debris, in any of the fire towns, without first\nhaving obtained from the department a written permit so to do.\n  6. Prescribed burns. (a) For the purposes of this subdivision, the\nterm "prescribed burn" shall mean the intentional setting of forest land\non fire, under carefully controlled conditions, in order to manage,\nenhance, or restore populations of plants or animal species or natural\ncommunities on such land.\n  (b) Notwithstanding the provisions of this section or any other\nprovision of law, the department may authorize a landowner to conduct\nprescribed burn activities pursuant to a written prescribed burn\nmanagement plan prepared by or for such landowner. The prescribed burn\nmanagement plan shall include, but not be limited to, the following\nelements:\n  (i) a discussion of the landowner's training and expertise in\nconducting prescribed burn activities;\n  (ii) a map and narrative description identifying the area or areas on\nwhich prescribed burn activities will be undertaken;\n  (iii) a description of the ecological purposes and objectives of the\nprescribed burn, including an identification of the specific species or\nnatural communities that are intended to be impacted by the burn;\n  (iv) a description of the vegetative cover and fuel loads on each area\nto be subjected to prescribed burning;\n  (v) a description of physical parameters, such as time of year, wind\nspeed and direction, and air temperature and humidity, which must be met\nbefore a prescribed burn is initiated;\n  (vi) a description of the anticipated intensity and duration of the\nprescribed burn given the fuel loads and physical prescriptions\nestablished in subparagraphs (iv) and (v) of this paragraph;\n  (vii) a description of the logistics of the prescribed burn operation,\nnumber of personnel, and fire management equipment that will be deployed\nto assure that the burn is restricted to the area or areas identified\nfor prescribed burn management;\n  (viii) a description of fire suppression activities to be immediately\nimplemented should the prescribed burn threaten to escape, or actually\nescape, beyond the boundaries identified for such burn;\n  (ix) a procedure for notifying appropriate local fire officials and\nlaw enforcement personnel of the actual date, time, and estimated\nduration of any prescribed burn;\n  (x) a procedure for notifying adjacent landowners prior to the\nundertaking of a prescribed burn;\n  (xi) a description of the procedures that will be undertaken to assure\nthat the prescribed burn is fully extinguished at the conclusion of the\nburn.\n  (c) The department shall promulgate regulations implementing this\nsubdivision prior to authorizing any landowner to undertake prescribed\nburn activities. Such regulations shall include, but not be limited to,\na listing of the necessary elements of the prescribed burn management\nplan, and standards for determining whether a request for authorization\nto conduct prescribed burn activities should be granted.\n  (d) The department shall reject any application for authorization to\nconduct a prescribed burn pursuant to this subdivision if the department\ndetermines that the landowner has not demonstrated the necessary\nexpertise to properly implement the prescribed burn plan.\n  (e) Before granting a landowner authorization to conduct prescribed\nburn activities, the department shall give the chief or other official\nin charge of the fire department or company within whose territorial\njurisdiction the proposed prescribed burn is located an opportunity to\nreview and comment on the written prescribed burn management plan.\n  (f) No burning shall be prescribed under this subdivision within\nseventy-five feet of the boundary of a landowner's property without the\nwritten approval of the adjacent landowner. In addition, the department\nmay prohibit burning in a buffer zone in excess of seventy-five feet\nfrom the boundary of an adjacent property owner if specific conditions\nat the site warrant such buffer.\n
N.Y. PBA Law § 1304 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1304
Purposes of the authority
Status: in_force

§ 1304. Purposes of the authority. 1. The purposes of the authority\nshall be the continuance, further development and improvement of\ntransportation and other services related thereto within the Capital\nDistrict transportation district, by railroad, omnibus, marine and air,\nin accordance with the provisions of this title.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state of New York and the\nauthority shall be regarded as performing an essential governmental\nfunction in carrying out its purposes and in exercising the powers\ngranted by this title.\n
N.Y. ENV Law § 17-1101 — New York Code / Act ENV / Article 17 / Title 11 / Section 17-1101
Existing rights and remedies preserved
Status: in_force

§ 17-1101. Existing rights and remedies preserved.\n  It is the purpose of titles 1 to 11, inclusive, and title 19 of this\narticle to provide additional and cumulative remedies to abate the\npollution of the waters of the state and nothing herein contained shall\nabridge or alter rights of action or remedies now or hereafter existing,\nnor shall any such provisions or any act done by virtue of such\nprovisions, be construed as estopping the state, persons or\nmunicipalities, as riparian owners or otherwise, in the exercise of\ntheir rights to suppress nuisances or to abate any pollution now or\nhereafter existing.\n
N.Y. PBA Law § 1329 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1329
Purposes of the authority
Status: in_force

§ 1329. Purposes of the authority. 1. The purposes of the authority\nshall be the continuance, further development and improvement of\ntransportation and other services related thereto within the\ntransportation district, by railroad, omnibus, marine and air, in\naccordance with the provisions of this title.\n  2. It is hereby found and declared that such purposes are in all\nrespects for the benefit of the people of the state of New York and the\nauthority shall be regarded as performing an essential governmental\nfunction in carrying out its purposes and in exercising the powers\ngranted by this title.\n
N.Y. PBA Law § 1267 — New York Code / Act PBA / Article 5 / Title 11 / Section 1267
Acquisition and disposition of real property
Status: in_force

§ 1267. Acquisition and disposition of real property. * 1. In addition\nto the powers provided in section twelve hundred sixty-six of this title\nto acquire transportation facilities, equipment and real property, the\nauthority may acquire, by condemnation pursuant to the eminent domain\nprocedure law, any real property it may deem necessary, convenient or\ndesirable to effectuate the purposes of this title, provided however,\nthat any such condemnation proceedings shall be brought only in the\nsupreme court and the compensation to be paid shall be ascertained and\ndetermined by the court without a jury, and provided further that the\nrate of interest paid upon any judgment or accrued claim against the\nauthority arising out of such condemnation proceedings shall not exceed\nsix per centum. Notwithstanding the foregoing provisions of this\nsubdivision, no real property may be acquired by the authority by\ncondemnation for purposes other than a transportation facility unless\nthe governing body of the city, village or town in which such real\nproperty is located shall first consent to such condemnation.\n  * NB Effective until June 24, 2028\n  * 1. In addition to the powers provided in section twelve hundred\nsixty-six of this title to acquire transportation facilities, equipment\nand real property, the authority may acquire, by condemnation pursuant\nto the condemnation law, any real property it may deem necessary,\nconvenient or desirable to effectuate the purposes of this title,\nprovided however, that any such condemnation proceedings shall be\nbrought only in the supreme court and the compensation to be paid shall\nbe ascertained and determined by the court without a jury. Notwithstand\nthe foregoing provisions of this subdivision one, no real property may\nbe acquired by the authority by condemnation for purposes other than a\ntransportation facility unless the governing body of the city, village\nor town in which such real property is located shall first consent to\nsuch condemnation.\n  * NB Effective June 24, 2028\n  2. Nothing herein contained shall be construed to prevent the\nauthority from bringing any proceedings to remove a cloud on title or\nsuch other proceedings as it may, in its discretion, deem proper and\nnecessary or from acquiring any such property by negotiation or\npurchase.\n  3. Where a person entitled to an award in the proceedings to condemn\nany real property for any of the purposes of this title remains in\npossession of such property after the time of the vesting of title in\nthe condemnor, the reasonable value of his use and occupancy of such\nproperty subsequent to such time as fixed by agreement or by the court\nin such proceedings or by any court of competent jurisdiction shall be a\nlien against such award subject only to the liens of record at the time\nof vesting of title in the condemnor.\n  4. Subject to the provisions of sections twelve hundred sixty-six and\ntwelve hundred sixty-six-c of this title, title to all property acquired\nunder this act shall vest in the authority or one of its subsidiary\ncorporations, or in the New York city transit authority or one of its\nsubsidiary corporations as the authority directs.\n  5. The authority may, whenever it determines that it is in the\ninterest of the authority, dispose of any real property or property\nother than real property, which it determines is not necessary,\nconvenient or desirable for its purposes.\n  6. The authority may, whenever it shall determine that it is in the\ninterest of the authority, rent, lease, or grant easements or other\nrights in, any land or property of the authority.\n
N.Y. PBA Law § 1330 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1330
Formulation, filing and adoption of action plan; amendments
Status: in_force

§ 1330. Formulation, filing and adoption of action plan; amendments.\nThe authority shall formulate an action plan for transportation within\nthe district. In formulating such plan, the authority shall consult and\ncooperate with the commissioner and the planning authorities in the area\nof its operations, and shall utilize state, local or regional\ntransportation planning. The authority shall request and use existing\nstudies, plans, surveys, data and other materials completed by or under\ndevelopment by any state agency or municipality. The authority shall\nfile copies of such plan with the commissioner, the central New York\nregional planning and development board, the common council of the city\nof Syracuse, the county legislature of the county of Onondaga, and with\nthe legislative body of any other county, within the district, affected\nby such plan, as hereinafter stated. The plan shall contain information\nregarding the transportation system that the authority intends to\nprovide including information regarding the facilities connected\ntherewith, the services the authority contemplates providing and the\nestimated costs and the proposed method of financing. During sixty days\nafter the filing of the action plan with the commissioner, the central\nNew York regional planning and development board and with the\nlegislative body or bodies as aforesaid, said plan shall be available\nfor public inspection at the office or offices of the authority and at\nsuch other places in the areas affected, within the district, as the\nauthority may designate. Not earlier than thirty days after the filing\nof said action plan with the commissioner, the central New York regional\nplanning and development board and such legislative body or bodies, a\npublic hearing on said plan shall be held by the authority.  Notice of\nsuch a hearing shall be given to the commissioner, the central New York\nregional planning and development board and the legislative body or\nbodies as aforesaid and by publication once a week for two weeks prior\nto the said hearing at the time and place fixed by the authority in\nnewspapers of general circulation within the areas affected, to be\nselected by the authority. The last publication date shall not be less\nthan five days before said hearing. Within thirty days following said\npublic hearing, the authority shall provide a transcript of such hearing\nto the commissioner, the central New York regional planning and\ndevelopment board and the legislative body or bodies as aforesaid,\ntogether with any amendments the authority may propose to the action\nplan. The authority shall request approval of the action plan, including\nsuch amendments as the authority may propose, from the commissioner and\nthe aforementioned legislative body or bodies. Any part of said plan\nwhich is disapproved by a political subdivision because it alters\nexisting services or the financing thereof within said political\nsubdivision shall not become operative.  The commissioner may disapprove\nany part of said plan if he finds that it conflicts with a state-wide\ncomprehensive master plan for transportation or the Syracuse\nmetropolitan transportation study and the Oswego-Fulton area\ntransportation study or, in the absence of such plans, would have an\nadverse effect upon sound transportation development policy and\nplanning. Any part of such plan so disapproved by the commissioner shall\nnot become operative. Disapproval of part or parts of the plan shall not\nmake the entire plan inoperative. If the said legislative body or bodies\nfail to act within sixty days or in the case of the commissioner within\nninety days after approval is requested, said failure shall be deemed\napproval, and the authority may adopt the action plan by a majority vote\nof its membership and may include changes, if any, recommended by the\ncommissioner, said planning board or legislative body or bodies.\n  The action plan may be amended from time to time in the same manner\nusing the procedures outlined herein for the original adoption, except\nthat a proposed amendment which is recommended by the legislative body\nor bodies affected thereby and approval by the commissioner may be\nembodied or continued by a majority vote of the authority without\nadditional hearings thereon as required for the amendments proposed to\nbe made.\n
N.Y. ENV Law § 58-1101 — New York Code / Act ENV / Article 58 / Title 11 / Section 58-1101
Benefits of funds
Status: in_force

§ 58-1101. Benefits of funds.\n  The department shall make every effort practicable to achieve a goal\nthat forty percent of the funds pursuant to this article benefit\ndisadvantaged communities; however, disadvantaged communities shall\nreceive no less than thirty-five percent of the benefit of the funds\npursuant to this article.\n
N.Y. PBA Law § 1299-AA — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-AA
Short title
Status: in_force

§ 1299-aa. Short title. This title may be cited as the\n"Rochester-Genesee Regional Transportation Authority Act".\n
N.Y. ENV Law § 54-1111 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1111
State projects
Status: in_force

§ 54-1111. State projects.\n  The commissioner is authorized, within amounts appropriated, to\ndirectly undertake a coastal rehabilitation project pursuant to this\ntitle in accordance with section 1 of chapter 535 of the laws of 1945,\nas amended, or as specifically appropriated, on state lands or state\nlands underwater.\n
N.Y. PBA Law § 1299-K — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-K
Agreement of the state
Status: in_force

§ 1299-k. Agreement of the state. --The state does hereby pledge to\nand agree with the holders of any notes or bonds issued under this\ntitle, that the state will not limit or alter the rights hereby vested\nin the authority to acquire, establish, construct, effectuate, operate,\nmaintain, renovate, improve, extend or repair any authority facilities,\nto establish, levy and collect fares, tolls, rentals, rates, charges and\nother fees, to receive and use for its corporate purposes, in the same\nmanner as its own funds and revenues, all moneys directed by law to be\npaid to it by the Buffalo and Fort Erie public bridge authority, and to\nfulfill the terms of any agreements made with the holders thereof, or in\nany way impair the rights and remedies of such holders until such notes\nor bonds, together with the interest thereon, with interest on any\nunpaid installments of interest, and all costs and expenses for which\nthe authority is liable in connection with any action or proceeding by\nor on behalf of such holders, are fully met and discharged. The\nauthority is authorized to include this pledge and agreement of the\nstate in any agreement with the holders of such notes or bonds.\n
N.Y. PBA Law § 1319 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1319
Interest of members or employees of authority in contracts prohibited
Status: in_force

§ 1319. Interest of members or employees of authority in contracts\nprohibited. It shall be a misdemeanor for a member of the authority or\nan officer, agent, servant or employee employed by or appointed by the\nauthority, to be in any way or manner interested, directly or\nindirectly, as principal, surety or otherwise, in a contract, the\nexpense or consideration whereof is payable out of the funds of the\nauthority.\n
N.Y. SOS Law § 364-C — New York Code / Act SOS / Article 5 / Title 11 / Section 364-C
National long term care channeling demonstration project
Status: in_force

* § 364-c. National long term care channeling demonstration project.\n1. Notwithstanding any inconsistent provisions of this chapter or any\nother law to the contrary, the Rensselaer county social services\ndistrict is hereby authorized to participate in the national long term\ncare channeling demonstration project, for the purposes of\ndemonstrating:  (a) the efficiency and effectiveness of community based\nlong term care services; (b) the viability of transferring the\nresponsibility for determining the amount, duration and scope of\nservices to be provided from the local social services agency to the\nchanneling agency; and (c) various methods of delivering services,\nincluding services or supplies not authorized to be provided under this\ntitle; provided, however, that no such additional services or supplies\nprovided hereunder shall be subject to state reimbursement unless the\ndepartment approves provision of such services or supplies to persons\neligible for medical assistance, and federal financial participation is\navailable for such additional services or supplies; and provided\nfurther, that the social services district may only participate in such\ndemonstration in accordance with a plan submitted to the departments of\nsocial services and health, and the division of the budget, and only to\nthe extent and period for which such plan has been approved by those\ndepartments and division.\n  2. (a) Notwithstanding any inconsistent provision of law to the\ncontrary, expenditures made in connection with the national long term\ncare channeling demonstration project for social and health services and\nmedical supplies authorized to be provided by this section and approved\nby the department, shall be subject to state reimbursement under section\nthree hundred sixty-eight-a of this title in accordance with a schedule\nof maximum reimbursable amounts approved by the department and the\ndivision of budget for such services and supplies for the project.\n  (b) Notwithstanding any inconsistent provision of law to the contrary,\nthe commissioner may authorize the Rensselaer county social services\ndistrict to pay for services and supplies provided pursuant to the\ndemonstration project.\n  3. Notwithstanding any inconsistent provision of this chapter or any\nother law to the contrary, the commissioner may, subject to the approval\nof the director of the budget, approve such a demonstration project and\napply for appropriate waivers under federal law and regulation and may\nwaive any provision of this title or regulation of the department as may\nbe necessary to enable the social services district to participate in\nthe demonstration project, and to make medical assistance funds\navailable for such project.\n  4. The commissioner shall provide that a final evaluation be made of\nthe national long term care channeling demonstration project in\nRensselaer county approved and conducted hereunder in a form mutually\nagreed upon by such commissioner, the state commissioner of health, and\nthe director of the state office for the aging, and shall provide copies\nof such report to the governor and to the legislature. In addition, the\ndirector of the state office for the aging shall submit annual interim\nreports on the progress of the project to the governor and legislature\nby the first day of February of each year.\n  * NB Expired December 31, 1985\n
N.Y. VAT Law § 2270 — New York Code / Act VAT / Title 11 / Article 48-A / Section 2270
Rules and regulations
Status: in_force

§ 2270. Rules and regulations. The commissioner is hereby empowered to\nmake such rules and regulations as he may deem necessary to carry out\nthe provisions of this article, including procedures with respect to the\ncertification of maximum performance speed of limited use vehicles.\n
N.Y. PBA Law § 1299-PP — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-PP
Notes and bonds as legal investment
Status: in_force

§ 1299-pp. Notes and bonds as legal investment. The notes and bonds of\nthe authority are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. Notwithstanding any other provisions of law, the bonds of the\nauthority are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. ENV Law § 71-1127 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1127
Violations; civil liability
Status: in_force

§ 71-1127. Violations; civil liability.\n  1. Any person who violates any of the provisions of, or who fails to\nperform any duty imposed by article 15 except section 15-1713, or who\nviolates or who fails to comply with any rule, regulation, determination\nor order of the department heretofore or hereafter promulgated pursuant\nto article 15 except section 15-1713, or any condition of a permit\nissued pursuant to article 15 of this chapter, or any determination or\norder of the former water resources commission or the department\nheretofore promulgated pursuant to former article 5 of the Conservation\nLaw, shall be liable for a civil penalty of not more than two thousand\nfive hundred dollars for such violation and an additional civil penalty\nof not more than five hundred dollars for each day during which such\nviolation continues, and, in addition thereto, such person may be\nenjoined from continuing such violation as otherwise provided in article\n15 except section 15-1713.\n  2. The penalties provided by subdivision 1 of this section shall be\nrecoverable in an action instituted in the name of the department by the\nAttorney General upon the request of the department.\n  3. An action or cause of action for the recovery of a penalty under\narticle 15 or sections 71-1103 through 71-1129 inclusive may be settled\nor compromised in an amount to be approved by the department either\nbefore or after proceedings are brought to recover such penalties and\nprior to the entry for judgment therefor.\n
N.Y. VAT Law § 2291 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2291
Disposition of fees
Status: in_force

§ 2291. Disposition of fees. The commissioner shall deposit all monies\nreceived from the registration of ATVs and all fees otherwise collected\nunder this article to the credit of the general fund, as prescribed by\nsection twenty-two hundred eighty-two of this chapter.\n
N.Y. PBA Law § 1596-K — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-K
Agreements of the state
Status: in_force

§ 1596-k. Agreements of the state. 1. The state of New York does\npledge to and agree with the holders of the bonds that the state will\nnot limit or alter the rights hereby vested in the authority to acquire,\nconstruct, maintain, reconstruct and operate the project or projects, to\nestablish and collect rentals, fees and other charges and to fulfill the\nterms of any agreements made with the holders of the bonds, or in any\nway impair the rights and remedies of the bondholders, until the bonds,\ntogether with interest thereon, with interest on any unpaid installments\nof interest and all costs and expenses in connection with any action or\nproceeding by or on behalf of the bondholders, are fully met and\ndischarged.\n  2. The authority is hereby authorized, in its discretion, for and on\nbehalf of itself and the city of Yonkers, to covenant and agree with the\nholders of the bonds, with such exceptions and limitations as it may\ndeem in the public interest, that no public parking areas or spaces\nexcept those acquired and operated by the authority will be constructed\nor operated in the city by the city, or by any public benefit or other\ncorporation the members of which are elected or are appointed by city\nofficials, until either (a) the bonds, together with interest thereon,\ninterest on any unpaid installments of interest and all costs and\nexpenses in connection with any action or proceeding by or on behalf of\nthe bondholders are fully met and discharged or (b) principal or\ninterest of any of the bonds shall be overdue and unpaid for a period of\nthree years or more.\n
N.Y. SOS Law § 365-E — New York Code / Act SOS / Article 5 / Title 11 / Section 365-E
Optional or continued membership in entities offering comprehensive health services plans
Status: in_force

§ 365-e. Optional or continued membership in entities offering\ncomprehensive health services plans. 1. In accordance with applicable\nfederal requirements and subject to the approval of the commissioner and\nthe director of the budget, a district shall offer to persons eligible\nfor medical assistance the option of membership in any health\nmaintenance organization or other entity which is certified under\narticle forty-four of the public health law or licensed pursuant to\narticle nine-C of the insurance law or otherwise authorized by law, and\nwhich offers comprehensive health services plans to persons residing\nwithin the social services district unless granted a waiver by the\ncommissioner on the grounds that the organization or entity is not\ngeographically accessible so as to provide medical assistance to\neligible recipients who reside within the district or that the per\nrecipient capitation rate is above the expected average per recipient\nfee-for-service cost within the local district or that the health\nmaintenance organization or other entity refuses to enter into a\ncontract with the district.\n  2. Nothwithstanding any inconsistent provision of law, persons who,\nprior to becoming eligible for medical assistance, are enrolled in a\nhealth maintenance organization or other entity offering a comprehensive\nhealth services plan shall be offered the option of continuing that\nenrollment.\n  3. The commissioner shall offer to social services districts such\ntechnical assistance as may be appropriate to assist in the development\nof contracts between the districts and such entities.\n
N.Y. PBA Law § 1952 — New York Code / Act PBA / Article 8 / Title 11 / Section 1952
Troy industrial development authority
Status: in_force

§ 1952. Troy industrial development authority. A board to be known as\nthe "Troy industrial development authority" is hereby created. Such\nboard shall be a body corporate and politic, constituting a public\nbenefit corporation and its existence shall commence upon the\nappointment of the members as herein provided. Its members shall consist\nof a chair and eight other members, all of whom shall be appointed by\nthe mayor of the city for a term of three years, and shall include two\nmembers of the common council of the city, one representative of the\ncity school board, and one representative from each of the fields of\nbusiness, industry and labor. Every appointment to the board shall be\nsubject to confirmation by the common council of the city. The chair and\neach member shall continue to serve until the appointment and\nconfirmation of his or her successor. Vacancies in such board occurring\notherwise than by expiration of term shall be filled by the mayor by\nappointment for the unexpired term subject to confirmation by the common\ncouncil of the city. The mayor may remove the chair or any member of the\nboard for inefficiency, neglect of duty or misconduct in office, after\ngiving him or her a copy of the charges against him or her and an\nopportunity of being heard in person, or by counsel, in his or her\ndefense upon not less than ten days' notice. Such removal must be\napproved by the city council of the city. The members of the board shall\nbe entitled to no compensation for their services but shall be entitled\nto reimbursement for their actual and necessary expenses incurred in the\nperformance of their official duties. Notwithstanding any inconsistent\nprovisions of law, general, special or local, no officer or employee of\nthe city shall be deemed to have forfeited or shall forfeit his or her\noffice or employment by reason of his or her acceptance of membership on\nthe board created by this section, provided, however, that a member who\nholds such other public office or employment shall receive no additional\ncompensation or allowance for services rendered pursuant to this title,\nbut shall be entitled to reimbursement for his or her actual and\nnecessary expenses incurred in the performance of such services. The\npower of the authority shall be vested in and exercised by a majority of\nthe members of the board. Such a board may delegate to one or more of\nits members, or to its officers, agents and employees, such powers and\nduties as it may deem proper. Such board and its corporate existence\nshall continue in accordance with section nineteen hundred sixty-seven\nof this title. Upon its ceasing to exist, all rights and properties\nshall pass to and be vested in the city.\n
N.Y. PBA Law § 1955 — New York Code / Act PBA / Article 8 / Title 11 / Section 1955
Conveyance of property by the city to the authority and conveyance and leasing of said property by the authority
Status: in_force

§ 1955. 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 city 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 nineteen hundred sixty-three of\nthis 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.\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. PBA Law § 1269-D — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-D
Submission of strategic operation plan
Status: in_force

§ 1269-d. Submission of strategic operation plan. 1. On or before July\nfirst nineteen hundred eighty-seven, the authority shall submit to the\ngovernor a strategic operation plan for the five year period commencing\nJanuary first of the following year. One component of the plan shall be\nfor the bus and subway services of the New York city transit authority\nand its subsidiaries and for the Staten Island rapid transit operating\nauthority; the other component shall be for the commuter railroad\nservices, not including the Staten Island rapid transit operating\nauthority, under the jurisdiction of the authority.  The plan may be\namended as required but shall be updated at least annually. The plan\nshall include, but need not be limited to, the following:\n  a. Long-range goals and objectives for the operation of services and\nfacilities;\n  b. Planned service and performance standards for each year of the\nperiod covered by the plan; including, in such plan submitted after July\nfirst, nineteen hundred eighty-eight, (a) standards for determining\nfrequency of service at peak hours and off-peak hours, (b) frequency of\nservice at peak and off-peak hours based on the application of such\nstandards to the current period for each subway line, bus route or group\nof bus routes, and commuter rail lines, divisions or branches as\nappropriate, (c) projected performance for each subway line, bus route\nor group of bus routes, and commuter rail lines, divisions or branches\nas appropriate as measured by reliability indicators commonly utilized\nwithin the transit industry, including such measures as mean distance\nbetween failures for subway cars, planned number of vehicles with air\nconditioning and projected reliability of such equipment, planned\nstandards for cleanliness of the interior and exterior of subway cars,\ncommuter rail cars, buses, and passenger stations, and other appropriate\nmeasures of planned performance influencing the quality of services;\n  c. Level and structure of fares projected for each year of the period\ncovered by the plan;\n  d. Estimated operating and capital resources anticipated to be\navailable from internal sources as well as from federal, state, regional\nand local sources;\n  e. Estimated operating and capital costs to satisfy planned standards\nof performance and service;\n  f. Strategies to improve productivity; control cost growth; integrate\nand coordinate the delivery of services provided by the authority as\nwell as other public and private transportation providers in the service\narea;\n  g. Specific allocation of operating and capital resources by mode and\noperation, including funds, personnel, and equipment;\n  h. Configuration by mode, operation and route of the services to be\nprovided and the facilities to be operated, identifying major planned\nchanges in services and routes; and\n  i. Identification of the operating and capital costs as compared to\nthe revenues anticipated from system users for the metropolitan\ntransportation authority and its subsidiaries and the New York city\ntransit authority and its subsidiary.\n  j. An analysis of the relationship between specific planned capital\nelements contained in approved capital program plans and the achievement\nof planned service and performance standards. Such analysis shall\ninclude the relationship of specific planned capital elements to the\nachievement of such service and performance standards for each subway\nline, bus route or group of bus routes, or commuter rail lines,\ndivisions or branches as appropriate.\n  2. Each annual update of the plan shall include a status report\nsummarizing the extent to which planned service and performance\nstandards developed for the previous year were achieved, the causes of\nany failure to achieve projected standards of service, and corrective\nmeasures the authority intends to take to avoid non-achievement of\nprojected standards in the next upcoming year.\n  3. The metropolitan transportation authority shall take into\nconsideration any petitions from local officials for improved services,\nincluding how these service improvements relate to the service and\nperformance standards described above, and shall consult with\nappropriate local officials in its preparation and periodic updates to\nthe operation plan.\n
N.Y. SOS Law § 364-F — New York Code / Act SOS / Article 5 / Title 11 / Section 364-F
Primary care case management programs
Status: in_force

* § 364-f. Primary care case management programs. 1. The department is\nauthorized to establish primary care case management programs, under the\nmedical assistance program, in accordance with applicable federal law\nand regulations. Primary care case management programs shall only be\nauthorized in areas of the state where comprehensive health services\nplans, as defined in section forty-four hundred one of the public health\nlaw, are not yet available. Subject to the approval of the director of\nthe budget, the commissioner is authorized to apply for the appropriate\nwaivers under federal law and regulation, and may waive any of the\nprovisions of sections three hundred sixty-five-a, three hundred\nsixty-six, three hundred sixty-seven-b, three hundred sixty-eight-a and\nthree hundred sixty-four-j of this chapter or any regulation of the\ndepartment when such action would be necessary to assist in promoting\nthe objectives of this section.\n  2. (a) A primary care case management program shall provide\nindividuals eligible for medical assistance with the opportunity to\nselect a primary care case manager who shall provide medical assistance\nservices to such eligible individuals, either directly, or through\nreferral.\n  (b) Primary care case managers shall be limited to qualified, licensed\nprimary care practitioners, as defined in paragraph (f) of subdivision\none of section three hundred sixty-four-j of this chapter, who meet\nstandards established by the commissioner for the purposes of this\nprogram.\n  (c) Services that may be covered by the primary care case management\nprogram are defined by the commissioner in the benefit package. Covered\nservices may include all medical assistance services defined under\nsection three hundred sixty-five-a of this chapter, except:\n  (i) services excluded under paragraph (e) of subdivision three of\nsection three hundred sixty-four-j of this chapter shall be excluded\nunder this section;\n  (ii) services provided by residential health care facilities, long\nterm home health care programs, child care agencies, and entities\noffering comprehensive health services plans;\n  (iii) services provided by dentists and optometrists; and\n  (iv) eyeglasses, emergency care, mental health services and family\nplanning services.\n  (d) Case management services provided by primary care case managers\nshall include, but need not be limited to:\n  (i) management of the medical and health care of each recipient to\nassure that all services provided under paragraph (c) of this\nsubdivision and which are found to be necessary, are made available in a\ntimely manner;\n  (ii) referral to, and coordination, monitoring and follow-up of,\nappropriate providers for diagnosis and treatment, the need for which\nhas been identified by the primary care case manager but which is not\ndirectly available from the primary care case manager, and assisting\nmedical assistance recipients in the prudent selection of medical\nservices;\n  (iii) arrangements for referral of recipients to appropriate\nproviders; and\n  (iv) all early periodic screening, diagnosis and treatment services,\nas well as interperiodic screening and referral, to each participant\nunder the age of twenty-one at regular intervals.\n  3. (a) Primary care case management programs may be conducted only in\naccordance with guidelines established by the commissioner. For the\npurpose of implementing and administering the primary care case\nmanagement programs, the commissioner may contract with private\nnot-for-profit and public agencies as defined in guidelines established\nby the commissioner for the management and administration of the primary\ncare case management program.\n  (b) The primary care case management program must:\n  (i) assure access to and delivery of high quality, appropriate medical\nservices;\n  (ii) participate in quality assurance activities as required by the\ncommissioner, as well as other mechanisms designed to protect recipient\nrights under such program;\n  (iii) ensure that persons eligible for medical assistance will be\nprovided sufficient information regarding the program to make an\ninformed and voluntary choice whether to participate; and\n  (iv) provide for adequate safeguards to protect recipients from being\nmisled concerning the program and from being coerced into participating\nin the primary care case management program.\n  4. (a) Individuals eligible to participate in Medicaid managed care,\nto participate in Medicaid managed care may participate in a primary\ncare case management program, subject to the availability of such a\nprogram within the applicable social services district, except for\nindividuals:  (i) required by Medicaid managed care to be enrolled in an\nentity offering a comprehensive health services plan as defined in\nparagraph (k) of subdivision two of section three hundred sixty-five-a\nof this chapter; (ii) participating in another medical assistance\nreimbursed demonstration or pilot project, or (iii) receiving services\nas an inpatient from a nursing home or intermediate care facility or\nresidential services from a child care agency or services from a long\nterm home health care program.\n  (b) Individuals choosing to participate in a primary care case\nmanagement program will be given thirty days from the effective date of\nenrollment in the program to disenroll without cause. After this thirty\nday disenrollment period, all individuals participating in the program\nwill be enrolled for a period of twelve months, except that all\nparticipants will be permitted to disenroll for good cause, as defined\nin guidelines established by the commissioner.\n  5. (a) Primary care case management programs may include provisions\nfor innovative payment mechanisms, including, but not limited to,\npayment of case management fees, capitation arrangements, and\nfee-for-service payments.\n  (b) Any new payment mechanisms and levels of payment implemented under\nthe primary care case management program shall be developed by the\ncommissioner subject to the approval of the director of the budget.\n  6. Notwithstanding any inconsistent provision of this section,\nparticipation in a primary care case management program will not\ndiminish the scope of available medical services to which a recipient is\nentitled.\n  7. This section shall be effective if, and as long as, federal\nfinancial participation is available therefor.\n  * NB Expires March 31, 2029\n
N.Y. PBA Law § 1596-D — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-D
Purpose and powers of the authority
Status: in_force

§ 1596-d. Purpose and powers of the authority. The purpose of the\nauthority shall be to construct, operate and maintain one or more\nprojects in the city. To carry out said purpose, the authority shall\nhave 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\npurposes, including the power to purchase prospective or tentative\nawards in connection with the condemnation of real property;\n  4. To acquire in the name of the city by purchase or condemnation, and\nuse real property necessary or convenient. All real property acquired by\ncondemnation by the authority shall be acquired in the manner provided\nin the condemnation law or in the manner provided by law for the\ncondemnation of land by the city;\n  5. To make by-laws for the management and regulation of its affairs,\nand, subject to agreements with bondholders, for the regulation of the\nproject;\n  6. With the consent of the city to use agents, employees, and\nfacilities of the city, including the corporation counsel, paying to the\ncity its agreed proportion of the compensation or costs;\n  7. To appoint officers, agents and employees, to prescribe their\nqualifications and to fix their compensation; subject, however, to the\nprovisions of the civil service law, as hereinafter provided;\n  7-a. To designate officers and employees, appointed or used by the\nauthority, as hereinabove specified, who shall be empowered to issue\nappearance tickets as provided for in article one hundred fifty of the\ncriminal procedure law. Persons so designated are hereby authorized to\nissue and serve such tickets for traffic infractions relating to parking\nwithin project areas as defined herein, in accordance with law and when\nauthorized by local law of the city to issue and serve such tickets for\ntraffic infractions committed anywhere in the city at parking spaces\ncontrolled by parking meters.\n  8. To make contracts and leases, and to execute all instruments\nnecessary or convenient;\n  9. To construct such buildings, structures and facilities as may be\nnecessary or convenient;\n  10. To reconstruct, improve, maintain and operate the projects;\n  11. To accept grants, loans or contributions from the United States,\nthe state of New York, or any agency or instrumentality of either of\nthem, or the city, and to expend the proceeds for any purposes of the\nauthority;\n  12. To fix and collect rentals, fees and other charges for the use of\nthe projects or any of them subject to and in accordance with such\nagreements with bondholders as may be made as hereinafter provided;\n  13. To construct, operate or maintain in the projects all facilities\nnecessary or convenient in connection therewith; and to contract for the\nconstruction, operation or maintenance of any parts thereof or for\nservices to be performed; to rent parts thereof, and grant concessions,\nall on such terms and conditions as it may determine; provided, however,\nthat neither the authority, the city of Yonkers, or any agency of the\nauthority or city, or any other person, firm or corporation shall,\nwithin or on any property comprising a part of any project authorized by\nthis title, sell, dispense or otherwise handle any product used in or\nfor the servicing of any motor vehicle using any project or facility\nauthorized by this title, and provided further that the location of\nsites of the projects shall be subject to the prior advice of the\nplanning board of the city.\n
N.Y. SOS Law § 365-B — New York Code / Act SOS / Article 5 / Title 11 / Section 365-B
Local medical plans: professional directors
Status: in_force

§ 365-b. Local medical plans: professional directors. 1. A local\nsocial services medical plan shall be developed and maintained by each\nsocial services district under the guidance or direction of a\nprofessional director. Such plan shall conform to the regulations of the\ndepartment and shall be submitted to the department and the state\ndepartment of health for review, certification and approval pursuant to\nthe regulations of the department and this title.\n  2. The commissioner of social services of each social services\ndistrict shall appoint a person, possessing the qualifications\nestablished by the public health and health planning council and\npromulgated by the department pursuant to section three hundred\nsixty-four of this title, to serve on a full or part-time basis. Each\nprofessional director shall serve under the general direction of the\ncommissioner of social services and shall have the responsibility for\nsupervising the program of medical assistance for needy persons in his\nsocial services district, pursuant to the regulations of the department.\nThe state commissioner of health may authorize two or more social\nservices districts to appoint the same person to serve as professional\ndirector in each of such districts.\n  3. In addition to any other duty or responsibility which may be\nassigned or delegated pursuant to law or regulation, each professional\ndirector shall be responsible for monitoring the professional\nactivities, directly related to the program, of providers practicing in\nhis social services district, and shall take all steps required or\nauthorized by law or regulation to ensure that such activities are in\ncompliance with the provisions of this chapter, the public health law\nand regulations promulgated thereunder, and do not violate the\nprovisions of section sixty-five hundred nine of the education law or\nregulations promulgated pursuant thereto.\n  4. For purposes of this section "provider" shall mean any person\nreceiving payment under this title.\n
N.Y. PBA Law § 1268 — New York Code / Act PBA / Article 5 / Title 11 / Section 1268
Co-operation and assistance of other agencies
Status: in_force

§ 1268. Co-operation and assistance of other agencies. 1. To avoid\nduplication of effort and in the interests of economy, the authority may\nmake use of existing studies, surveys, plans, data and other materials\nin the possession of any state agency or any municipality or political\nsubdivision of the state. Each such agency, municipality or subdivision\nis hereby authorized to make the same available to the authority and\notherwise to assist it in the performance of its functions. At the\nrequest of the authority, each such agency, municipality or subdivision\nwhich is engaged in highway or other transportation activities or in\nland use or development planning, or which is charged with the duty of\nproviding or regulating any transportation facility or any other public\nfacility, is further authorized to provide the authority with\ninformation regarding its plans and programs affecting the\ntransportation district so that the authority may have available to it\ncurrent information with respect thereto. The officers and personnel of\nsuch agencies, municipalities or subdivisions, and of any other\ngovernment or agency whatever, may serve at the request of the authority\nupon such advisory committees as the authority shall determine to create\nand such officers and personnel may serve upon such committees without\nforfeiture of office or employment and with no loss or diminution in the\ncompensation, status, rights and privileges which they otherwise enjoy.\n  2. The authority shall, at the request of any state agency,\nmunicipality or political subdivision of the state, engaged in highway\nor other transportation activities or in land use or development\nplanning, provide said state agency, municipality or political\nsubdivision with all current and relevant information regarding its\nplans or programs, so as to enable said agency, municipality or\nsubdivision to properly effectuate said activities or planning.\n  3. To the extent that the provisions of this title authorize the\nauthority to enter into any agreement or arrangement with, or undertake\nany other activity requiring the participation of, the New York city\ntransit authority or any of its subsidiary corporations in furtherance\nof their respective purposes and powers or the Triborough bridge and\ntunnel authority in furtherance of its purposes and powers, such\nentities are hereby authorized and empowered to enter into and perform\nsuch contract or other arrangement and to undertake such activities.\n
N.Y. PBA Law § 1308 — New York Code / Act PBA / Article 5 / Title 11-C / Section 1308
Acquisition and disposition of real property
Status: in_force

§ 1308. Acquisition and disposition of real property. 1. In addition\nto the powers provided in section thirteen hundred six of this title to\nacquire transportation facilities, equipment and real property, the\nauthority may acquire, by condemnation pursuant to the condemnation law\nand/or in accordance with the condemnation provisions of subdivision\nseven of this section, any real property it may deem necessary,\nconvenient, or desirable to effectuate the purpose of this title,\nprovided, however, that any such condemnation proceedings shall be\nbrought only in the supreme court and the compensation to be paid shall\nbe ascertained and determined by the court without a jury.\nNotwithstanding the foregoing provisions of this subdivision, no real\nproperty may be acquired by the authority by condemnation or by purchase\nfor purposes other than a transportation facility unless the governing\nbody of the city, village or town in which such real property is located\nshall first consent to such acquisition.\n  2. Nothing herein contained shall be construed to prevent the\nauthority from bringing any proceedings to remove a cloud on title or\nsuch other proceedings as it may, in its discretion, deem proper and\nnecessary or from acquiring any such property by negotiation or\npurchase.\n  3. Where a person entitled to an award in the proceedings to condemn\nany real property for any of the purposes of this title remains in\npossession of such property after the time of the vesting of title in\nthe condemnor, the reasonable value of his use and occupancy of such\nproperty subsequent to such time as fixed by agreement or by the court\nin such proceedings or by any court of competent jurisdiction shall be a\nlien against such award subject only to the liens of record at the time\nof vesting of title in the condemnor.\n  4. Title to all property acquired under this act shall vest in the\nauthority.\n  5. The authority may, whenever it determines that it is in the\ninterest of the authority, dispose of any real property or property\nother than real property, which it determines is not necessary,\nconvenient or desirable for its purposes.\n  6. The authority may, whenever it shall determine that it is in the\ninterest of the authority, rent, lease or grant easements or other\nrights in, any land or property of the authority.\n  7. The authority may adopt the following condemnation procedures.  A\ncertified copy of a resolution adopted by the authority authorizing the\nacquisition and identifying and describing the property and franchises,\nif any, sought to be acquired by condemnation shall be filed in the\noffice of the county clerk of the county in which such property is\nsituated, held or maintained. A petition for an order vesting title to\nsuch property and franchises, if any, sought to be acquired by\ncondemnation shall set forth a description of the said property and\nfranchises, if any, and a prayer that title be vested in the authority,\nshall be presented, upon notice of the application to condemn published\nin five successive issues of a publication of general circulation within\nthe county where such property and franchises, if any, are located, to a\nspecial term of the supreme court held at the time and place specified\nin such notice, within the judicial district in which the property being\nacquired or some part thereof is situated. Such proceedings shall have\nprecedence over all other cases on the calendar of such court, any other\nprovision of the law to the contrary notwithstanding. Upon due proof to\nthe satisfaction of the court of the filing of the resolution as\nhereinafter described, such court, not later than three days after the\npresentation of the petition, shall thereupon enter an order vesting\ntitle to such property and franchises, if any, in the authority. Upon\nsuch vesting of title the authority shall have the right to enter upon\nand take possession of such property. A notice of such acquisition shall\nbe directed to the owners of the property and franchises, if any, so\nacquired and to any other person or persons having an estate, interest\nor easement in such property or a lien, charge or encumbrance thereon by\npersonal service or by registered mail at the last known address within\nfifteen days after such vesting of title. Such notice shall set forth\nsuch resolution, the date of the submission to the court, the date of\nthe order vesting title in such authority and such other matters as the\nauthority may determine.\n  8. If funds are made available by the authority for the payment of the\ncost and expense of the acquisition thereof, the department of\ntransportation of the state of New York, when requested by the\nauthority, may acquire such real property in the name of the state as\nmay be determined from time to time by the authority as being necessary,\nconvenient or desirable to effectuate the purposes of this title, may\nremove the owner or occupant thereof where necessary, and obtain\npossession and, when requested by the authority, may dispose of any real\nproperty so acquired, all according to the procedure provided in section\nthirty of the highway law and pursuant to the procedure required under\nfederal law, when applicable. The authority shall have the right to\npossess and use for its corporate purposes all such real property so\nacquired. Claims for the value of the property appropriated and for\nlegal damages caused by any such appropriation shall be adjusted and\ndetermined by such department with the approval of the authority or by\nthe court of claims as provided in section thirty of the highway law and\nas required by federal law, when applicable. When a claim has been filed\nwith the court of claims the claimant shall cause a copy of such claim\nto be served upon the authority and the authority shall have the right\nto be represented and heard before such court. All awards and judgments\narising from such claims shall be paid out of moneys of the authority.\nNo real property may be acquired pursuant to the provisions of this\nsection for purposes other than a transportation facility unless the\ngoverning body of the city, village or town in which such real property\nis located shall first consent to such acquisition.\n
N.Y. ENV Law § 17-1107 — New York Code / Act ENV / Article 17 / Title 11 / Section 17-1107
Other Environmental Conservation Laws to remain in effect
Status: in_force

§ 17-1107. Other Environmental Conservation Laws to remain in effect.\n  Nothing contained in titles 1 to 11, inclusive, and title 19 of this\narticle shall be construed as amending or repealing sections 11-0503 or\n13-0345 and any parts of said sections inconsistent with the provisions\nof titles 1 to 11, inclusive, and title 19 of this article or with any\nrule, regulation, order or determination authorized by titles 1 to 11,\ninclusive, and title 19 of this article shall be held to be effective.\n
N.Y. PBA Law § 1270-H — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-H
Metropolitan transportation authority finance fund
Status: in_force

§ 1270-h. Metropolitan transportation authority finance fund. 1. The\nauthority shall establish a fund to be known as the "metropolitan\ntransportation authority finance fund" which shall be kept separate from\nand shall not be commingled with any other moneys of the authority.\n  2. The comptroller shall deposit into the metropolitan transportation\nauthority finance fund (a) monthly, pursuant to appropriation, the\nmoneys deposited in the mobility tax trust account of the metropolitan\ntransportation authority financial assistance fund pursuant to any\nprovision of law directing or permitting the deposit of moneys in such\nfund, and (b) without appropriation, the revenue including taxes,\ninterest and penalties collected in accordance with article twenty-three\nof the tax law.\n  3. Moneys in the fund may be (a) pledged by the authority to secure\nand be applied to the payment of the bonds, notes or other obligations\nof the authority issued on or after the effective date of this section\nto finance capital projects of the authority and its subsidiaries and\nthe New York city transit authority and any subsidiaries; or (b) used\nfor payment of capital costs, including debt service, reserve\nrequirements, if any, the payment of amounts required under bond and\nnote facilities or agreements related thereto, the payment of federal\ngovernment loans, security or credit arrangements or other agreements\nrelated thereto, and the payment of all costs related to such\nobligations, of or for the authority, the New York city transit\nauthority and their subsidiaries as the authority shall determine.\nSubject to the provisions of any such pledge, or in the event there is\nno such pledge, any excess moneys in this fund may be used by the\nauthority for payment of operating costs of, and capital costs,\nincluding debt service and reserve requirements, if any, of or for the\nauthority, the New York city transit authority and their subsidiaries as\nthe authority shall determine. To the extent moneys in the fund have\nbeen pledged by the authority to secure and pay the bonds, notes or\nother obligations of the authority issued to finance capital projects of\nthe authority and its subsidiaries and the New York city transit\nauthority and any subsidiaries as herein provided, monies deposited into\nthe fund shall be deposited to the extent necessary to satisfy the\nrequirements of any debt service or reserve requirements, if any, of the\nresolution authorizing such bonds, notes or other obligations.\n  4. Commencing September first, two thousand twenty-five, no later than\nthe last business day of each month, after satisfying the requirements\nof any debt service or reserve requirements, if any, of any resolution\nauthorizing bonds, notes or other obligations, the authority shall\ntransfer twenty-eight and five-tenths percent of the revenue, including\ntaxes, interest and penalties collected in accordance with article\ntwenty-three of the tax law to the 2025 to 2029 capital program account\nin the metropolitan transportation authority capital lockbox fund\nestablished pursuant to section five hundred fifty-three-j of this\nchapter.\n  5. Any monies deposited in the fund shall be held in the fund free and\nclear of any claim by any person arising out of or in connection with\narticle twenty-three of the tax law. Without limiting the generality of\nthe foregoing and without limiting the rights and duties of the\ncommissioner of taxation and finance under article twenty-three of the\ntax law, no entity paying a mobility tax under article twenty-three of\nthe tax law shall have any right or claim against the authority, any of\ntheir bondholders, any of the authority's other subsidiaries or the New\nYork city transit authority or any subsidiary to any moneys in or\ndistributed from the fund or in respect of a refund, rebate, credit or\nreimbursement of taxes paid under article twenty-three of the tax law.\n
N.Y. PBA Law § 1299-LL — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-LL
Reserve funds and appropriations
Status: in_force

§ 1299-ll. Reserve funds and appropriations. 1. The authority may\ncreate and establish one or more reserve funds to be known as debt\nservice reserve funds and may pay into such debt service reserve funds\n(a) any monies appropriated and made available by the state for the\npurposes of such funds, (b) any proceeds of sale of notes or bonds to\nthe extent provided in the resolution of the authority authorizing the\nissuance thereof, and (c) any other monies which may be made available\nto the authority for the purpose of such funds from any other source or\nsources. The monies held in or credited to any debt service reserve fund\nestablished under this section, except as hereinafter provided, shall be\nused solely for the payment of the principal of bonds of the authority\nsecured by such debt service reserve fund as the same mature, the\npurchase of such bonds of the authority, the payment of interest on such\nbonds of the authority or the payment of any redemption premium required\nto be paid when such bonds are redeemed prior to maturity; provided,\nhowever, that the authority shall have power to provide that monies in\nany such fund shall not be withdrawn therefrom at any time in such\namount as would reduce the amount of such fund to less than the maximum\namount of principal and interest maturing and becoming due in any\nsucceeding calendar year or years not exceeding two such years on the\nbonds of the authority then outstanding and secured by such debt service\nreserve fund, except for the purpose of paying principal of and interest\non such bonds of the authority secured by such debt service reserve fund\nmaturing and becoming due and for the payment of which other monies of\nthe authority are not available. Any income or interest earned by, or\nincrement to, any such debt service reserve fund due to the investment\nthereof may be transferred by the authority to any other fund or account\nof the authority and the authority shall have power to provide that any\nsuch transfer shall not reduce the amount of such debt service reserve\nfund below the maximum amount of principal and interest maturing and\nbecoming due in any succeeding calendar year or years not exceeding two\nsuch years on all bonds of the authority then outstanding and secured by\nsuch debt service reserve fund.\n  2. The authority shall have power to provide that it shall not issue\nbonds at any time if the maximum amount of principal and interest\nmaturing and becoming due in any succeeding calendar year or years not\nexceeding two such years on the bonds outstanding and then to be issued\nand secured by a debt service reserve fund will exceed the amount of\nsuch debt service reserve fund at the time of issuance, unless the\nauthority, at the time of the issuance of such bonds, shall deposit in\nsuch debt service reserve fund from the proceeds of the bonds so to be\nissued, or otherwise, an amount which, together with the amount then in\nsuch debt service reserve fund, will be not less than the maximum amount\nof principal and interest maturing and becoming due in any such\nsucceeding calendar year or years not exceeding two such years on the\nbonds then to be issued and on all other bonds of the authority then\noutstanding and secured by such debt service reserve fund.\n  3. In computing the amount of any debt service reserve fund for the\npurposes of this section, securities in which all or a portion of such\nfund shall be invested shall be valued at par, or if purchased at less\nthan par, at their cost to the authority.\n
N.Y. VAT Law § 2288 — New York Code / Act VAT / Title 11 / Article 48-B / Section 2288
Responsibility for operation by minors
Status: in_force

§ 2288. Responsibility for operation by minors. No owner or other\nperson in possession of any ATV shall authorize or knowingly permit any\nperson under sixteen years of age to operate such ATV in violation of\nany provision of this article.\n
N.Y. SOS Law § 367 — New York Code / Act SOS / Article 5 / Title 11 / Section 367
Authorization for hospital care
Status: in_force

§ 367.  Authorization for hospital care.  1.  Except as permitted by\nthe regulations of the department, so far as practicable, no patient\nshall be admitted to a hospital as a public charge under this title or\nthis chapter without the prior authorization of the social services\nofficial responsible for authorizing such care.  If a patient is\nadmitted without prior authorization of the appropriate social services\nofficial and the hospital has reason to believe that the patient will be\nunable to pay for his care, and is or may be eligible for care under\nthis title or this chapter, it may send a notice containing a report of\nthe facts of the case to such social services official who shall\npromptly advise the patient or his representative of his right to apply\nfor medical assistance and, if eligible, to have the cost of his care\npaid for under this chapter.  If the identity of the social services\nofficial responsible for authorizing such care is not known by the\nhospital, such notice shall be sent to the commissioner of the social\nservices district in which the hospital is located who shall make an\ninvestigation to determine which social services district may be\nresponsible for authorizing such care and appropriately notify such\ndistrict, which shall advise such patient or his representative of his\nright to apply, and if eligible to have the cost of his care paid for\nunder this chapter.  The cost of care of an eligible patient shall be a\ncharge against a social services district only when authorized by the\ncommissioner of social services of such district, which authorization\nshall not be withheld from any patient eligible for such care pursuant\nto this title and the regulations of the department.\n  2.  Notwithstanding any inconsistent provision of law, the social\nservices official responsible for authorizing hospital or health related\nservices shall withhold payment for such services upon the certification\nof the commissioner of health that payment for such care is unauthorized\nunder the medical assistance program.\n
N.Y. GOB Law § 5-1101 — New York Code / Act GOB / Article 5 / Title 11 / Section 5-1101
Agreements relating to securities
Status: in_force

§ 5-1101. Agreements relating to securities. An agreement, promise or\nundertaking for the purchase, sale, transfer, assignment or delivery of\na certificate or other evidence of debt, issued by the United States or\nby any state, or a municipal or other corporation, or of any share or\ninterest in the stock of any bank corporation or joint stock\nassociation, incorporated or organized under the laws of the United\nStates or of any state, is not void or voidable, for want of\nconsideration, or because of the nonpayment of consideration, or because\nthe vendor, at the time of making such contract, is not the owner or\npossessor of the certificate or certificates or other evidence of debt,\nshare or interest.\n
N.Y. PBA Law § 1265 — New York Code / Act PBA / Article 5 / Title 11 / Section 1265
General powers of the authority
Status: in_force

§ 1265. General powers of the authority. Except as otherwise limited\nby this title, the 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 borrow money, to issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof, and to\nfinance or refinance all or any part of the costs to the authority or to\nany other person or entity, public or private, of the planning, design,\nacquisition, construction, improvement, reconstruction or rehabilitation\nof any transportation facility;\n  3-a.  (b) The authority shall report on any issuances or obligations\nincurred related to paragraph (a) of this subdivision. Such report shall\ninclude, but not be limited to, an explanation of each note, bond, or\nobligation and their respective values issued by the authority pursuant\nto decreases in revenue in whole or in part due to the state disaster\nemergency caused by novel coronavirus, COVID-19. The report shall also\nprovide: (i) details of such decreases in revenue in whole, (ii) details\nof such decreases in revenue in part, (iii) details of such increases in\ncosts, (iv) the methodology used by the authority or metropolitan\ntransportation authority to calculate such changes, (v) an explanation\nfor attributing a particular increase in cost or a particular decrease\nin revenue, to the state disaster emergency caused by coronavirus,\nCOVID-19, and (vi) how the authority determined that the particular\nnote, bond, or obligation issued was its most desired option. Such\nreport shall be posted on the authority's website and be submitted to\nthe governor, the temporary president of the senate, the speaker of the\nassembly, the mayor and council of the city of New York, the\nmetropolitan transportation authority board, and the metropolitan\ntransportation authority capital program review board.\n  4. To invest any funds, accounts or other monies not required for\nimmediate use or disbursement, at the discretion of the authority, in\n(a) obligations of the state or the United States government, (b)\nobligations the principal and interest of which are guaranteed by the\nstate or the United States government, (c) certificates of deposit of\nbanks or trust companies in this state, secured, if the authority shall\nso require, by obligations of the United States or of the state of New\nYork of a market value equal at all times to the amount of the deposit,\n(d) banker's acceptances with a maturity of ninety days or less which\nare eligible for purchase by the Federal Reserve Banks and whose rating\nat the time of purchase is in the highest rating category of two\nnationally recognized independent rating agencies, provided, however,\nthat the amount of banker's acceptances of any one bank shall not exceed\ntwo hundred fifty million dollars, (e) obligations of any bank or\ncorporation created under the laws of either the United States or any\nstate of the United States maturing within two hundred seventy days,\nprovided that such obligations receive the highest rating of two\nnationally recognized independent rating agencies and, provided further,\nthat no more than two hundred fifty million dollars may be invested in\nsuch obligations of any one bank or corporation, (f) as to any such\nmoneys held in reserve and sinking funds, other securities in which the\ntrustee or trustees of any public retirement system or pension fund has\nthe power to invest the monies thereof pursuant to article four-a of the\nretirement and social security law, each such reserve and sinking fund\nbeing treated as a separate fund for the purposes of article four-a of\nthe retirement and social security law, (g) notes, bonds, debentures,\nmortgages and other evidences of indebtedness, issued or guaranteed at\nthe time of the investment by the United States Postal Service, the\nfederal national mortgage association, the federal home loan mortgage\ncorporation, the student loan marketing association, the federal farm\ncredit system, or any other United States government sponsored agency,\nprovided that at the time of the investment such agency or its\nobligations are rated and the agency receives, or its obligations\nreceive, the highest rating of all independent rating agencies that rate\nsuch agency or its obligations, provided, however, that no more than two\nhundred fifty million dollars or such greater amount as may be\nauthorized for investment for the state comptroller by section\nninety-three of the state finance law may be invested in the obligations\nof any one agency, (h) general obligation bonds and notes of any state\nother than the state, provided that such bonds and notes receive the\nhighest rating of at least one independent rating agency, and bonds and\nnotes of any county, town, city, village, fire district or school\ndistrict of the state, provided that such bonds and notes receive either\nof the two highest ratings of at least two independent rating agencies,\n(i) mutual funds registered with the United States securities and\nexchange commission whose investments are limited to obligations of the\nstate described in paragraph (a) of this subdivision, obligations the\nprincipal and interest of which are guaranteed by the state described in\nparagraph (b) of this subdivision, and those securities described in\nparagraph (h) of this subdivision and that have received the highest\nrating of at least one independent rating agency, provided that the\naggregate amount invested at any one time in all such mutual funds shall\nnot exceed ten million dollars, and, provided further, that the\nauthority shall not invest such funds, accounts or other monies in any\nmutual fund for longer than thirty days, and (j) financial contracts in\na foreign currency entered into for the purpose of minimizing the\nforeign currency exchange risk of the purchase price of a contract with\na vendor chosen through competitive process for the acquisition of\ncapital assets for the benefit of the capital program of the Triborough\nbridge and tunnel authority or either the transit or transportation\ncapital programs;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and the fulfillment of its purposes under this title;\n  6. (a) To enter into contracts and leases and to execute all\ninstruments necessary or convenient;\n  (b) With respect to any lease transaction entered into pursuant to\nsection 168 (f) (8) of the United States internal revenue code or any\nsuccessor provisions, the authority shall meet the following standards\nand procedures:\n  (i) notice of intention to negotiate shall be published in at least\none newspaper of general circulation, and a copy thereof shall be mailed\nto all parties who have requested notification from the authority to\nengage in transactions of this type. Such notice shall describe the\nnature of the proposed transaction and the factors subject to\nnegotiation, which shall include, but not be limited to, the price to be\npaid to the authority;\n  (ii) the authority shall negotiate with those respondents whose\nresponse complies with the requirements set forth in the notice;\n  (iii) the board of the authority shall resolve on the basis of\nparticularized findings relevant to the factors negotiated that such\ntransaction will provide maximum available financial benefits,\nconsistent with other defined objectives and requirements.\n  (c) The authority shall provide to the governor, the temporary\npresident of the senate, the speaker of the assembly, the minority\nleader of the senate and the minority leader of the assembly, notice of\neach lease entered into pursuant to paragraph (b) of this subdivision\nand supporting documentation of compliance by the authority with\nsubparagraphs (i), (ii) and (iii) of paragraph (b) of this subdivision;\n  (d) Paragraphs (b) and (c) of this subdivision shall be of no force\nand effect with respect to any lease transaction entered into pursuant\nto a commitment approved prior to January first, nineteen hundred\neighty-five by the board of the authority.\n  * 7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers, including, the power to dispose of personal\nproperty with a value of five hundred thousand dollars or less by public\nauction in accordance with guidelines adopted by the authority pursuant\nto title five-A of article nine of this chapter. The board shall adopt\nguidelines that shall provide for advertising and such other safeguards\nas the authority may deem appropriate in the public interest.\n  * NB Effective until June 30, 2028\n  * 7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n  * NB Effective June 30, 2028\n  8. To appoint such officers and employees as it may require for the\nperformance of its duties, and to fix and determine their\nqualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers and private consultants on a contract basis\nor otherwise for rendering professional or technical services and\nadvice;\n  9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law;\n  (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision;\n  10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  13. A copy of any report submitted by the authority pursuant to\nsections twenty-eight hundred, twenty-eight hundred one and twenty-eight\nhundred two of this chapter shall be forwarded to the mayor of the city\nof New York and to the chairman of the board of supervisors and to the\ncounty executive, if any, of each county within the district.\n  14. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title.\n
N.Y. ENV Law § 51-1101 — New York Code / Act ENV / Article 51 / Title 11 / Section 51-1101
Allocation of moneys
Status: in_force

§ 51-1101. Allocation of moneys.\n  The moneys received by the state from the sale of bonds sold pursuant\nto the environmental quality bond act of nineteen hundred seventy-two\nshall be expended in the following amounts pursuant to appropriations\ntherefor:\n  1. For metropolitan park projects, forty million dollars\n($40,000,000);\n  2. For open space preservation projects, fifteen million dollars\n($15,000,000);\n  3. For waterway projects, nine million dollars ($9,000,000);\n  4. For trailway projects, four million dollars ($4,000,000).\n
N.Y. PBA Law § 1270-C — New York Code / Act PBA / Article 5 / Title 11 / Section 1270-C
Metropolitan transportation authority dedicated tax fund
Status: in_force

§ 1270-c. Metropolitan transportation authority dedicated tax fund. 1.\nThe authority shall establish a fund to be known as the "metropolitan\ntransportation authority dedicated tax fund" which shall be kept\nseparate from and shall not be commingled with any other moneys of the\nauthority. The fund shall consist of a "pledged amounts account" and an\n"operating and capital costs account" and such other accounts and\nsubaccounts as the authority may determine.\n  2. There shall be deposited, pursuant to appropriation, into the fund\nthe moneys deposited in the dedicated mass transportation trust fund for\npayment to the metropolitan transportation authority dedicated tax fund\npursuant to the provisions of subdivision (d) of section three hundred\none-j of the tax law, paragraph two of subdivision (d) of section eleven\nhundred nine of the tax law, and any other moneys collected for or\ntransferred to such fund pursuant to section eighty-eight-a of the state\nfinance law and any other provision of law directing or permitting the\ndeposit of moneys in such fund.\n  3. Moneys in the fund may be (a) pledged by the authority to secure\nand be applied to the payment of its bonds, notes or other obligations\nspecified by the authority and issued to finance (i) transit projects\nundertaken for the New York city transit authority and its subsidiaries\nand (ii) transportation facilities undertaken for the authority and its\nsubsidiaries and (b) used for payment of operating costs, and capital\ncosts, including debt service, reserve requirements, if any, the payment\nof amounts required under bond and note facilities or agreements related\nthereto, the payment of federal government loans, security or credit\narrangements or other agreements related thereto, and the payment of all\ncosts related to such obligations, of or for the authority, the New York\ncity transit authority and their subsidiaries as the authority shall\ndetermine. To the extent moneys in the fund have been pledged by the\nauthority to secure and pay its bonds, notes or other obligations as\nherein provided, moneys deposited into the fund shall first be deposited\ninto the pledged amounts account to the extent necessary to satisfy the\nrequirements of any debt service or reserve requirements, if any, of the\nresolution authorizing such bonds, notes or other obligations. After\nsatisfaction of such requirements of the resolution, or if the authority\nhas not so pledged the moneys in the fund, moneys deposited in the fund\nshall be directly deposited into the operating and capital costs account\nand, subject to the provisions of any resolutions of the authority not\nsecured by the pledged amounts account, transferred forthwith to or for\nthe benefit of the New York city transit authority and its subsidiaries\nand the Staten Island rapid transit operating authority (the "TA") and\nto and for the benefit of the Long Island Rail Road company and the\nMetro-North commuter rail road company (the "CRR") as provided in this\nsection.\n  Moneys in the operating and capital costs account which were deposited\nin the fund pursuant to appropriation from moneys deposited in the\ndedicated mass transportation trust fund for payment to the metropolitan\ntransportation authority dedicated tax fund pursuant to subdivision (d)\nof section three hundred one-j of the tax law or paragraph two of\nsubdivision (d) of section eleven hundred nine of the tax law (the\n"remaining PBT amount") shall be distributed by the authority as\nfollows: an amount equal to the debt service incurred in such calendar\nyear as a result of obligations issued and secured by moneys in the\nfund, to the extent such debt service is to be paid from money deposited\nin the fund pursuant to appropriation from moneys deposited in the\ndedicated mass transportation trust fund for payment to the metropolitan\ntransportation authority dedicated tax fund pursuant to subdivision (d)\nof section three hundred one-j of the tax law or paragraph two of\nsubdivision (d) of section eleven hundred nine of the tax law ("PBT debt\nservice"), shall be added to the remaining PBT amount. The sum of these\nfigures shall then be allocated as follows: eighty-five per centum of\nsuch sum shall be allocated to the TA and fifteen per centum of such sum\nshall be allocated to the CRR. The amounts so allocated shall then be\nreduced respectively by the proportional amount of PBT debt service\nattributable to the payments for transit projects undertaken for the TA\nand transportation facility projects undertaken for the CRR. The\nremaining amounts shall constitute the respective distributable shares\nof the remaining PBT amount and shall be distributed to or for the\nbenefit of the TA and the CRR.\n  Moneys in the operating and capital costs account which were deposited\nin the fund pursuant to section eighty-eight-a of the state finance law\n(the "remaining MMTOA amount") shall be distributed by the authority as\nfollows: an amount equal to the debt service incurred in such calendar\nyear as a result of obligations issued and secured by money in the fund,\nto the extent such debt service is to be paid from money deposited in\nthe fund pursuant to section eighty-eight-a of the state finance law\n("MMTOA debt service"), shall be added to the remaining MMTOA amount.\nThe sum of these figures shall then be allocated as follows: there shall\nbe allocated (i) to the TA an amount of such sum which bears the same\nproportion to such sum as the amount appropriated and paid during such\ncalendar year from the metropolitan mass transportation operating\nassistance account to the authority for the operating expenses of the TA\nbears to the total amounts so appropriated and paid from such operating\nassistance account during such calendar year to the TA and CRR combined\nand (ii) to the CRR an amount of such sum which bears the same\nproportion to such sum as the amount appropriated and paid during such\ncalendar year from the metropolitan mass transportation operating\nassistance account to the CRR bears to the total amounts so appropriated\nand paid from such operating assistance account during such calendar\nyear to the TA and CRR combined. The amounts so allocated shall then be\nreduced respectively by the proportional amount of MMTOA debt service\nattributable to the payments for transit projects undertaken for the TA\nand transportation facility projects undertaken for the CRR. The\nremaining amounts shall constitute the respective distributable shares\nof the remaining MMTOA amount and shall be distributed to or for the\nbenefit of the TA and the CRR. In no event shall the authority utilize\nany measure or calculation for determining such distributable shares\nother than the formula prescribed herein nor shall the authority take\nany action which would result in the use of such money which is\ndifferent from or inconsistent with the use prescribed in this section.\n  To the extent that amounts described in the preceding two paragraphs\nare distributed more frequently than annually, each such distribution\nshall be made as nearly as may be practicable in accordance with the\nallocations described above to the TA and the CRR. Within thirty days\nafter the end of each calendar year, the authority shall certify to the\ndirector of the budget, the chairperson of the senate finance committee\nand the chairperson of the assembly ways and means committee, the amount\nof money deposited in the fund pursuant to appropriation from moneys\ndeposited in the dedicated mass transportation trust fund for payment to\nthe metropolitan transportation authority dedicated tax fund pursuant to\nsubdivision (d) of section three hundred one-j of the tax law, paragraph\ntwo of subdivision (d) of section eleven hundred nine of the tax law,\nand section eighty-eight-a of the state finance law, the amounts\nexpended from the pledged amounts account for the benefit of the TA and\nthe CRR, and the amounts of the remaining PBT amount and the remaining\nMMTOA amount distributed during the prior calendar year to the TA and\nthe CRR and specifying in each case the appropriation or appropriations\nwhich was the source of such amounts.\n  4. Any money deposited in the fund shall be held in the fund free and\nclear of any claim by any person arising out of or in connection with\narticle thirteen-A and article twenty-eight of the tax law. Without\nlimiting the generality of the foregoing and without limiting the rights\nand duties of the commissioner of taxation and finance under article\nthirteen-A of the tax law, no petroleum business, as defined in section\nthree hundred of the tax law, or any other person, including the state,\nshall have any right or claim against the authority, any of its\nbondholders, the TA or the CRR to any moneys in or distributed from the\nfund or in respect of a refund, rebate, credit or reimbursement of taxes\npaid under article thirteen-A and article twenty-eight of the tax law.\n
N.Y. PBA Law § 1596-J — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-J
Notes of the authority
Status: in_force

§ 1596-j. Notes of the authority. The authority shall have power from\ntime to time to issue its negotiable notes in conformity with applicable\nprovisions of the uniform commercial code and from time to time to issue\nrenewal notes (herein referred to as notes) maturing not later than five\nyears from their respective original dates in an amount not exceeding at\nany time seven hundred fifty thousand dollars, over and above the amount\nof bonds authorized by subdivision one of section fifteen hundred\nninety-six-i of this title, whenever the authority shall determine that\npayment thereof can be made in full from any moneys or revenues which\nthe authority expects to receive from any source. Such notes may, among\nother things, be issued to provide funds to pay preliminary costs of\nsurveys, plans or other matters relating to any proposed project. The\nauthority may pledge such moneys or revenues (subject to any other\npledge thereof) for the payment of the notes and may in addition secure\nthe notes in the same manner and with the same effect as herein provided\nfor bonds. The notes shall be issued in the same manner as bonds. The\nauthority shall have power to make contracts for the future sale from\ntime to time of the notes, by which the purchasers shall be committed to\npurchase the notes from time to time on terms and conditions stated in\nsuch contracts, and the authority shall have power to pay such\nconsideration as it shall deem proper for such commitments. In case of\ndefault on its notes, or violation of any of the obligations of the\nauthority to the noteholders, the noteholders shall have all the\nremedies provided herein for bondholders.\n
N.Y. PBA Law § 1331 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1331
General powers of the authority
Status: in_force

§ 1331. General powers of the authority. A. Except as otherwise\nlimited by this title, the 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 borrow money and issue negotiable notes, bonds or other\nobligations and to provide for the rights of the holders thereof;\n  4. To invest any funds held in reserve or sinking funds, or any monies\nnot required for immediate use or disbursement, at the discretion of the\nauthority, in obligations of the state or the United States government\nor obligations the principal and interest of which are guaranteed by the\nstate or the United States government, or in certificates of deposit or\nother interest bearing depository accounts in banks or trust companies\nin this state if the certificate or account is secured by obligations of\nthe United States or of the state of a market value equal at all times\nto the amount of the deposit;\n  5. To make and alter by-laws for its organization and internal\nmanagement, and rules and regulations governing the exercise of its\npowers and fulfillment of its purposes under this title;\n  6. To enter into contracts and leases and to execute all instruments\nnecessary or convenient;\n  7. To acquire, hold and dispose of real or personal property in the\nexercise of its powers;\n  8. To appoint a general manager, who shall serve at the pleasure of\nthe authority, and such officers and employees as the authority may\nrequire for the performance of its duties, and to fix and determine\ntheir qualifications, duties, and compensation and to retain or employ\ncounsel, auditors, engineers, and private consultants on a contract\nbasis or otherwise for rendering professional, management or technical\nservices and advice; such general manager, counsel, auditors, engineers,\nand private consultants, officers and employees may not be a member of\nthe authority;\n  9. (a) Notwithstanding section one hundred thirteen of the retirement\nand social security law or any other general or special law, the\nauthority and any of its subsidiary corporations may continue or provide\nto its affected officers and employees any retirement, disability, death\nor other benefits provided or required for railroad personnel pursuant\nto federal or state law. Notwithstanding any provisions of the civil\nservice law, no officer or employee of a subsidiary corporation, of the\nauthority, other than a public benefit subsidiary corporation, shall be\na public officer or a public employee;\n  (b) The authority and any of its public benefit subsidiary\ncorporations may be a "participating employer" in the New York state\nemployees' retirement system with respect to one or more classes of\nofficers and employees of such authority or any such public benefit\nsubsidiary corporation, as may be provided by resolution of such\nauthority or any such public benefit subsidiary corporation, as the case\nmay be, or any subsequent amendment thereof, filed with the comptroller\nand accepted by him pursuant to section thirty-one of the retirement and\nsocial security law. In taking any action pursuant to this paragraph\n(b), the authority and any of its public benefit subsidiary corporations\nshall consider the coverages and benefits continued or provided pursuant\nto paragraph (a) of this subdivision;\n  10. To make plans, surveys, and studies necessary, convenient or\ndesirable to the effectuation of the purposes and powers of the\nauthority and to prepare recommendations in regard thereto;\n  11. To enter upon such lands, waters or premises as in the judgment of\nthe authority may be necessary, convenient or desirable for the purpose\nof making surveys, soundings, borings and examinations to accomplish any\npurpose authorized by this title, the authority being liable for actual\ndamage done;\n  12. The authority may conduct investigations and hearings in the\nfurtherance of its general purposes, and in aid thereof have access to\nany books, records or papers relevant thereto; and if any person whose\ntestimony shall be required for the proper performance of the duties of\nthe authority shall fail or refuse to aid or assist the authority in the\nconduct of any investigation or hearing, or to produce any relevant\nbooks, records or other papers, the authority is authorized to apply for\nprocess of subpoena, to issue out of any court of general original\njurisdiction whose process can reach such person, upon due cause shown;\n  13. To do all things necessary, convenient or desirable to carry out\nits purposes and for the exercise of the powers granted in this title;\n  14. To enter into collective bargaining agreements with labor\nrepresentatives duly elected by the employees of the authority;\n  15. To insure or provide for the insurance of the authority's property\nor operations as required by law and also against such other risks as\nthe authority may deem advisable.\n  B. The authority shall prepare and file with the commissioner and each\ncounty of the transportation district an annual budget consisting of\nprojected operating revenues and expenditures for the next fiscal year.\n  C. The authority shall file in the office of the commissioner annual\nreports, after the close of each of the authority's fiscal years, which\nshall be open to public inspection. Such reports shall include, in\naddition to any information which the commissioner may require, a\nstatement with respect to its operation including the following data:\n  (a) Cost breakdown of real property acquired for each system or\nfacility acquired or operated by the authority;\n  (b) Cost breakdown in appropriate units of facilities acquired for\neach facility acquired or operated by the authority;\n  (c) Operating revenues for each facility acquired or operated by the\nauthority;\n  (d) Operating expenses for each facility acquired or operated by the\nauthority.\n  The authority shall also file copies of such reports with the\nlegislative body or bodies of the city of Syracuse and all counties\nwhere such authority operates. In addition, the commissioner may request\nthe authority to file interim reports with him containing such\ninformation which he may require and the authority shall file such\nreports.\n
N.Y. SOS Law § 369-GG — New York Code / Act SOS / Article 5 / Title 11-D / Section 369-GG
Basic health program
Status: in_force

§ 369-gg. Basic health program. 1. Definitions. For purposes of this\nsection:\n  (a) "Eligible organization" means an insurer licensed pursuant to\narticle thirty-two or forty-two of the insurance law, a corporation or\nan organization under article forty-three of the insurance law, or an\norganization certified under article forty-four of the public health\nlaw, including providers certified under section forty-four hundred\nthree-e of the public health law;\n  (b) "Approved organization" means an eligible organization approved by\nthe commissioner to underwrite a basic health insurance plan pursuant to\nthis title;\n  * (c) "Health care services" means (i) the services and supplies as\ndefined by the commissioner in consultation with the superintendent of\nfinancial services, and shall be consistent with and subject to the\nessential health benefits as defined by the commissioner in accordance\nwith the provisions of the patient protection and affordable care act\n(P.L. 111-148) and consistent with the benefits provided by the\nreference plan selected by the commissioner for the purposes of defining\nsuch benefits, and shall include coverage of and access to the services\nof any national cancer institute-designated cancer center licensed by\nthe department of health within the service area of the approved\norganization that is willing to agree to provide cancer-related\ninpatient, outpatient and medical services to all enrollees in approved\norganizations' plans in such cancer center's service area under the\nprevailing terms and conditions that the approved organization requires\nof other similar providers to be included in the approved organization's\nnetwork, provided that such terms shall include reimbursement of such\ncenter at no less than the fee-for-service medicaid payment rate and\nmethodology applicable to the center's inpatient and outpatient\nservices; and (ii) dental and vision services as defined by the\ncommissioner;\n  * NB Effective until January 1, 2031\n  * (c) "Health care services" means (i) the services and supplies as\ndefined by the commissioner in consultation with the superintendent of\nfinancial services, and shall be consistent with and subject to the\nessential health benefits as defined by the commissioner in accordance\nwith the provisions of the patient protection and affordable care act\n(P.L. 111-148) and consistent with the benefits provided by the\nreference plan selected by the commissioner for the purposes of defining\nsuch benefits, and shall include coverage of and access to the services\nof any national cancer institute-designated cancer center licensed by\nthe department of health within the service area of the approved\norganization that is willing to agree to provide cancer-related\ninpatient, outpatient and medical services to all enrollees in approved\norganizations' plans in such cancer center's service area under the\nprevailing terms and conditions that the approved organization requires\nof other similar providers to be included in the approved organization's\nnetwork, provided that such terms shall include reimbursement of such\ncenter at no less than the fee-for-service medicaid payment rate and\nmethodology applicable to the center's inpatient and outpatient\nservices; (ii) dental and vision services as defined by the\ncommissioner; and (iii) as defined by the commissioner and subject to\nfederal approval, certain services and supports provided to enrollees\neligible pursuant to subparagraph one of paragraph (g) of subdivision\none of section three hundred sixty-six of this article who have\nfunctional limitations and/or chronic illnesses that have the primary\npurpose of supporting the ability of the enrollee to live or work in the\nsetting of their choice, which may include the individual's home, a\nworksite, or a provider-owned or controlled residential setting;\n  * NB Effective January 1, 2031\n  (d) "Qualified health plan" means a health plan that meets the\ncriteria for certification described in § 1311(c) of the Patient\nProtection and Affordable Care Act (P.L. 111-148), and is offered to\nindividuals through the health insurance exchange marketplace; and\n  * (e) "Basic health insurance plan" means a standard health plan\nproviding health care services, separate and apart from qualified health\nplans, that is issued by an approved organization and certified in\naccordance with this section.\n  * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  * (e) "Basic health insurance plan" means a standard health plan,\nseparate and apart from qualified health plans, that is issued by an\napproved organization and certified in accordance with this section.\n  * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  2. Authorization. If it is in the financial interest of the state to\ndo so, the commissioner of health is authorized, with the approval of\nthe director of the budget, to establish a basic health program. The\ncommissioner's authority pursuant to this section is contingent upon\nobtaining and maintaining all necessary approvals from the secretary of\nhealth and human services to offer a basic health program in accordance\nwith 42 U.S.C. 18051. The commissioner may take any and all actions\nnecessary to obtain such approvals. Notwithstanding the foregoing,\nwithin ninety days of the effective date of the chapter of the laws of\ntwo thousand fifteen which amended this subdivision the commissioner\nshall submit a report to the temporary president of the senate and the\nspeaker of the assembly detailing a contingency plan in the event\neligibility rules or regulations are modified or repealed; or in the\nevent federal payment is reduced from ninety five percent of the premium\ntax credits and cost-sharing reductions pursuant to the patient\nprotection and affordable care act (P.L. 111-148). The contingency plan\nshall be implemented within ninety days of the above stated events or\nthe time period specified in federal law.\n  3. Eligibility. A person is eligible to receive coverage for health\ncare services pursuant to this title if he or she:\n  (a) resides in New York state and is under sixty-five years of age;\n  (b) is not eligible for medical assistance under title eleven of this\narticle or for the child health insurance plan described in title one-A\nof article twenty-five of the public health law;\n  (c) is not eligible for minimum essential coverage, as defined in\nsection 5000A(f) of the Internal Revenue Service Code of 1986, or is\neligible for an employer-sponsored plan that is not affordable, in\naccordance with section 5000A of such code; and\n  * (d) (i) except as provided by subparagraph (ii) of this paragraph,\nhas household income at or below two hundred percent of the federal\npoverty line defined and annually revised by the United States\ndepartment of health and human services for a household of the same\nsize; and has household income that exceeds one hundred thirty-three\npercent of the federal poverty line defined and annually revised by the\nUnited States department of health and human services for a household of\nthe same size; however, MAGI eligible noncitizens lawfully present in\nthe United States with household incomes at or below one hundred\nthirty-three percent of the federal poverty line shall be eligible to\nreceive coverage for health care services pursuant to the provisions of\nthis title if such noncitizen would be ineligible for medical assistance\nunder title eleven of this article due to their immigration status;\n  (ii) subject to federal approval and the use of state funds, unless\nthe commissioner may use funds under subdivision seven of this section,\nhas household income at or below two hundred fifty percent of the\nfederal poverty line defined and annually revised by the United States\ndepartment of health and human services for a household of the same\nsize; and has household income that exceeds one hundred thirty-three\npercent of the federal poverty line defined and annually revised by the\nUnited States department of health and human services for a household of\nthe same size; however, MAGI eligible aliens lawfully present in the\nUnited States with household incomes at or below one hundred\nthirty-three percent of the federal poverty line shall be eligible to\nreceive coverage for health care services pursuant to the provisions of\nthis title if such alien would be ineligible for medical assistance\nunder title eleven of this article due to their immigration status;\n  (iii) subject to federal approval if required and the use of state\nfunds, unless the commissioner may use funds under subdivision seven of\nthis section, a pregnant individual who is eligible for and receiving\ncoverage for health care services pursuant to this title is eligible to\ncontinue to receive health care services pursuant to this title during\nthe pregnancy and for a period of one year following the end of the\npregnancy without regard to any change in the income of the household\nthat includes the pregnant individual, even if such change would render\nthe pregnant individual ineligible to receive health care services\npursuant to this title;\n  (iv) subject to federal approval, a child born to an individual\neligible for and receiving coverage for health care services pursuant to\nthis title who would be eligible for coverage pursuant to subparagraphs\n(2) or (4) of paragraph (b) of subdivision 1 of section three hundred\nand sixty-six of the social services law shall be deemed to have applied\nfor medical assistance and to have been found eligible for such\nassistance on the date of such birth and to remain eligible for such\nassistance for a period of one year.\n  An applicant who fails to make an applicable premium payment, if any,\nshall lose eligibility to receive coverage for health care services in\naccordance with time frames and procedures determined by the\ncommissioner.\n  * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  * (d) (i) except as provided by subparagraph (ii) of this paragraph,\nhas household income at or below two hundred percent of the federal\npoverty line defined and annually revised by the United States\ndepartment of health and human services for a household of the same\nsize; and has household income that exceeds one hundred thirty-three\npercent of the federal poverty line defined and annually revised by the\nUnited States department of health and human services for a household of\nthe same size; however, MAGI eligible noncitizens lawfully present in\nthe United States with household incomes at or below one hundred\nthirty-three percent of the federal poverty line shall be eligible to\nreceive coverage for health care services pursuant to the provisions of\nthis title if such noncitizen would be ineligible for medical assistance\nunder title eleven of this article due to their immigration status;\n  (ii) subject to federal approval and the use of state funds, unless\nthe commissioner may use funds under subdivision seven of this section,\nhas household income at or below two hundred fifty percent of the\nfederal poverty line defined and annually revised by the United States\ndepartment of health and human services for a household of the same\nsize; and has household income that exceeds one hundred thirty-three\npercent of the federal poverty line defined and annually revised by the\nUnited States department of health and human services for a household of\nthe same size; however, MAGI eligible aliens lawfully present in the\nUnited States with household incomes at or below one hundred\nthirty-three percent of the federal poverty line shall be eligible to\nreceive coverage for health care services pursuant to the provisions of\nthis title if such alien would be ineligible for medical assistance\nunder title eleven of this article due to their immigration status;\n  (iii) subject to federal approval if required and the use of state\nfunds, unless the commissioner may use funds under subdivision seven of\nthis section, a pregnant individual who is eligible for and receiving\ncoverage for health care services pursuant to this title is eligible to\ncontinue to receive health care services pursuant to this title during\nthe pregnancy and for a period of one year following the end of the\npregnancy without regard to any change in the income of the household\nthat includes the pregnant individual, even if such change would render\nthe pregnant individual ineligible to receive health care services\npursuant to this title;\n  (iv) subject to federal approval, a child born to an individual\neligible for and receiving coverage for health care services pursuant to\nthis title who would be eligible for coverage pursuant to subparagraphs\n(2) or (4) of paragraph (b) of subdivision 1 of section three hundred\nand sixty-six of the social services law shall be deemed to have applied\nfor medical assistance and to have been found eligible for such\nassistance on the date of such birth and to remain eligible for such\nassistance for a period of one year.\n  An applicant who fails to make an applicable premium payment shall\nlose eligibility to receive coverage for health care services in\naccordance with time frames and procedures determined by the\ncommissioner.\n  * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  4. Enrollment. (a) Subject to federal approval, the commissioner is\nauthorized to establish an application and enrollment procedure for\nprospective enrollees. Such procedure shall include a verification\nsystem for applicants, which shall be consistent with 42 USC § 1320b-7.\n  (b) Such procedure shall allow for continuous enrollment for enrollees\nto the basic health program where an individual may apply and enroll for\ncoverage at any point.\n  (c) Upon an applicant's enrollment in a basic health insurance plan,\ncoverage for health care services pursuant to the provisions of this\ntitle shall be prospective. Coverage shall begin in a manner consistent\nwith the requirements for qualified health plans offered through the\nhealth insurance exchange marketplace, as delineated in federal\nregulation at 42 CFR 155.420(b)(1) or any successor regulation thereof.\n  (d) A person who has enrolled for coverage pursuant to this title, and\nwho loses eligibility to enroll in the basic health program for a reason\nother than citizenship status, lack of state residence, failure to\nprovide a valid social security number, providing inaccurate information\nthat would affect eligibility when requesting or renewing health\ncoverage pursuant to this title, or failure to make an applicable\npremium payment, before the end of a twelve month period beginning on\nthe effective date of the person's initial eligibility for coverage, or\nbefore the end of a twelve month period beginning on the date of any\nsubsequent determination of eligibility, shall have his or her\neligibility for coverage continued until the end of such twelve month\nperiod, provided that the state receives federal approval for using\nfunds from the basic health program trust fund, established under\nsection 97-oooo of the state finance law, for the costs associated with\nsuch assistance.\n  * 5. Premiums and cost sharing. (a) Subject to federal approval, the\ncommissioner shall establish premium payments enrollees shall pay to\napproved organizations for coverage of health care services pursuant to\nthis title. No payment is required for individuals with a household\nincome at or below two hundred percent of the federal poverty line\ndefined and annually revised by the United States department of health\nand human services for a household of the same size.\n  (b) The commissioner shall establish cost sharing obligations for\nenrollees, subject to federal approval. There shall be no cost-sharing\nobligations for enrollees for dental and vision services as defined in\nsubparagraph (ii) of paragraph (c) of subdivision one of this section;\nservices and supports as defined in subparagraph (iii) of paragraph (c)\nof subdivision one of this section; and health care services authorized\nunder subparagraphs (iii) and (iv) of paragraph (d) of subdivision three\nof this section.\n  * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  * 5. Premiums and cost sharing. (a) Subject to federal approval, the\ncommissioner shall establish premium payments enrollees shall pay to\napproved organizations for coverage of health care services pursuant to\nthis title. Such premium payments shall be established in the following\nmanner:\n  (i) up to twenty dollars monthly for an individual with a household\nincome above one hundred and fifty percent of the federal poverty line\nbut at or below two hundred percent of the federal poverty line defined\nand annually revised by the United States department of health and human\nservices for a household of the same size; and\n  (ii) no payment is required for individuals with a household income at\nor below one hundred and fifty percent of the federal poverty line\ndefined and annually revised by the United States department of health\nand human services for a household of the same size.\n  (b) The commissioner shall establish cost sharing obligations for\nenrollees, subject to federal approval. There shall be no cost-sharing\nobligations for services and supports as defined in subparagraph (iii)\nof paragraph (c) of subdivision one of this section; and health care\nservices authorized under subparagraphs (iii) and (iv) of paragraph (d)\nof subdivision three of this section.\n  * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  6. Rates of payment. (a) The commissioner shall select the contract\nwith an independent actuary to study and recommend appropriate\nreimbursement methodologies for the cost of health care service coverage\npursuant to this title. Such independent actuary shall review and make\nrecommendations concerning appropriate actuarial assumptions relevant to\nthe establishment of reimbursement methodologies, including but not\nlimited to; the adequacy of rates of payment in relation to the\npopulation to be served adjusted for case mix, the scope of health care\nservices approved organizations must provide, the utilization of such\nservices and the network of providers required to meet state standards.\n  (b) Upon consultation with the independent actuary and entities\nrepresenting approved organizations, the commissioner shall develop\nreimbursement methodologies and fee schedules for determining rates of\npayment, which rate shall be approved by the director of the division of\nthe budget, to be made by the department to approved organizations for\nthe cost of health care services coverage pursuant to this title. Such\nreimbursement methodologies and fee schedules may include provisions for\ncapitation arrangements.\n  (c) The commissioner shall have the authority to promulgate\nregulations, including emergency regulations, necessary to effectuate\nthe provisions of this subdivision.\n  (d) The department shall require the independent actuary selected\npursuant to paragraph (a) of this subdivision to provide a complete\nactuarial report, along with all actuarial assumptions made and all\nother data, materials and methodologies used in the development of rates\nfor the basic health plan authorized under this section. Such report\nshall be provided annually to the temporary president of the senate and\nthe speaker of the assembly.\n  * 7. Any funds transferred by the secretary of health and human\nservices to the state pursuant to 42 U.S.C. 18051(d) shall be deposited\nin trust.  Funds from the trust shall be used for providing health\nbenefits through an approved organization, which, at a minimum, shall\ninclude essential health benefits as defined in 42 U.S.C. 18022(b); to\nreduce the premiums, if any, and cost sharing of participants in the\nbasic health program; or for such other purposes as may be allowed by\nthe secretary of health and human services. Health benefits available\nthrough the basic health program shall be provided by one or more\napproved organizations pursuant to an agreement with the department of\nhealth and shall meet the requirements of applicable federal and state\nlaws and regulations.\n  * NB Repealed if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  * 7. Any funds transferred by the secretary of health and human\nservices to the state pursuant to 42 U.S.C. 18051(d) shall be deposited\nin trust.  Funds from the trust shall be used for providing health\nbenefits through an approved organization, which, at a minimum, shall\ninclude essential health benefits as defined in 42 U.S.C. 18022(b); to\nreduce the premiums and cost sharing of participants in the basic health\nprogram; or for such other purposes as may be allowed by the secretary\nof health and human services. Health benefits available through the\nbasic health program shall be provided by one or more approved\norganizations pursuant to an agreement with the department of health and\nshall meet the requirements of applicable federal and state laws and\nregulations.\n  * NB Effective if federal approval is withdrawn or 42 U.S.C. 18051 is\nrepealed\n  8. An individual who is lawfully admitted for permanent residence,\npermanently residing in the United States under color of law, or who is\na non-citizen in a valid nonimmigrant status, as defined in 8 U.S.C.\n1101(a)(15), and who would be ineligible for medical assistance under\ntitle eleven of this article due to his or her immigration status if the\nprovisions of section one hundred twenty-two of this chapter were\napplied, shall be considered to be ineligible for medical assistance for\npurposes of paragraphs (b) and (c) of subdivision three of this section.\n  9. Reporting. The commissioner shall submit a report to the temporary\npresident of the senate and the speaker of the assembly annually by\nDecember thirty-first. The report shall include, at a minimum, an\nanalysis of the basic health program and its impact on the financial\ninterest of the state; its impact on the health benefit exchange\nincluding enrollment and premiums; its impact on the number of uninsured\nindividuals in the state; its impact on the Medicaid global cap; and the\ndemographics of basic health program enrollees including age and\nimmigration status.\n
N.Y. PBA Law § 1596-Q — New York Code / Act PBA / Article 7 / Title 11 / Section 1596-Q
Termination of the authority
Status: in_force

§ 1596-q. Termination of the authority. Whenever all of the bonds\nissued by the authority shall have been redeemed or canceled, and all\nits liabilities met or discharged, and the termination date of its\ncorporate existence as set forth in section fifteen hundred ninety-six-c\nof this title shall have been reached, the authority shall cease to\nexist and all rights, titles and interests and all obligations and\nliabilities thereof vested in or possessed by the authority shall\nthereupon vest in and be possessed by the city of Yonkers.\n
N.Y. ENV Law § 15-1101 — New York Code / Act ENV / Article 15 / Title 11 / Section 15-1101
Legislative purposes
Status: in_force

§ 15-1101. Legislative purposes.\n  In addition to the powers vested in the department by this article 15,\nand in order to stimulate and encourage local participation and\nassistance, comprehensive planning for the protection, control,\nconservation, development and beneficial utilization of the water\nresources of the state may be undertaken as provided in title 11 of this\narticle. Nothing contained herein shall be deemed to repeal, amend or\nmodify the powers and duties of the department as now or hereafter\nprovided by this article 15 or by any other statute or to repeal the\nprocedures authorized thereby.\n
N.Y. PBA Law § 1276 — New York Code / Act PBA / Article 5 / Title 11 / Section 1276
Actions against the authority
Status: in_force

§ 1276. Actions against the authority. 1. As a condition to the\nconsent of the state to such suits against the authority, in every\naction against the authority for damages, for injuries to real or\npersonal property or for the destruction thereof, or for personal\ninjuries or death, the complaint shall contain an allegation that at\nleast thirty days have elapsed since the demand, claim or claims upon\nwhich such action is founded were presented to a member of the authority\nor other officer designated for such purpose and that the authority has\nneglected or refused to make an adjustment or payment thereof.\n  2. An action against the authority founded on tort, except an action\nfor wrongful death, shall not be commenced more than one year and ninety\ndays after the cause of action therefor shall have accrued, nor unless a\nnotice of claim shall have been served on the authority within the time\nlimited by and in compliance with all the requirements of section\nfifty-e of the general municipal law. An action against the authority\nfor wrongful death shall be commenced in accordance with the notice of\nclaim and time limitation provisions of title eleven of article nine of\nthis chapter.\n  3. The authority shall be liable, and shall assume the liability to\nthe extent that it shall save harmless any duly appointed officer or\nemployee of the authority, for the negligence of such officer or\nemployee, in the operation of a vehicle or other facility of\ntransportation owned or otherwise under the jurisdiction and control of\nthe authority in the discharge of a duty imposed upon such officer or\nemployee at the time of the accident, injury or damages complained of,\nwhile otherwise acting in the performance of his duties and within the\nscope of his employment.\n  4. The authority may require any person, presenting for settlement an\naccount or claim for any cause whatever against the authority, to be\nsworn before a member, counsel or an attorney, officer or employee of\nthe authority designated for such purpose, concerning such account or\nclaim and when so sworn to answer orally as to any facts relative to\nsuch account or claim. The authority shall have power to settle or\nadjust all claims in favor of or against the authority.\n  5. The rate of interest to be paid by the authority upon any judgment\nfor which it is liable shall not exceed four per centum per annum.\n  6. The provisions of this section which relate to the requirement for\nservice of a notice of claim shall not apply to a subsidiary corporation\nof the authority. In all other respects, each subsidiary corporation of\nthe authority shall be subject to the provisions of this section as if\nsuch subsidiary corporation were separately named herein, provided,\nhowever, that a subsidiary corporation of the authority which is a stock\ncorporation shall not be subject to the provisions of this section\nexcept with respect to those causes of action arising on and after the\nfirst day of the twelfth calendar month following that calendar month in\nwhich such stock corporation becomes a subsidiary corporation of the\nauthority.\n
N.Y. ENV Law § 33-1105 — New York Code / Act ENV / Article 33 / Title 11 / Section 33-1105
Orders
Status: in_force

§ 33-1105. Orders.\n  1. If the commissioner finds, from testimony adduced, that:\n  a. There has been actual damage to grapevines or grape crops within\nthe affected area; and\n  b. Such damage was caused by the use of the chemical substance\ncomplained of in the petition, and by that cause alone; and\n  c. Such use was upon lands within the affected area or in proximity to\nthe affected area, or upon the damaged crop itself; and\n  d. The commercial production of grapes within the affected area\nconstitutes a major source of agricultural income within the affected\narea; then the commissioner may issue his order prohibiting or\nrestricting the use of 2,4-D (2,4-D Dichlorophenoxyacetic acid), 2,4-5-T\n(Trichlorophenoxyacetic acid) or MCP (2 Methyl, 4 Chlorophenoxyacetic\nacid) within or in proximity to the affected area for a period of time\nto be specified in the order. The affected area may be altered by\ndescription in the order of the commissioner, if the commissioner finds\nthat such alteration should be made to effectuate the purposes of the\npetition. All restrictions upon the use of 2,4-D\n(2,4-Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic acid)\nor MCP (2 Methyl, 4 Chlorophenoxyacetic acid) within or in proximity to\nthe affected area shall be set forth in the order with particularity.\n  2. The order shall continue in effect from year to year unless\nmodified or rescinded by the commissioner. Not later than February 15 of\neach year, the commissioner shall give notice of the order by\npublication in a newspaper of general circulation in the area affected.\nThe notice shall state the terms of the order in general language and\nthat the order will continue in effect for the period of time specified\nin the order, unless a petition for modification or rescission of the\norder, signed by ten or more grape growers or fifty or more persons not\ngrape growers in the affected area is filed with the commissioner on or\nbefore March 1 of such year.\n  3. If a request for modification or rescission is received, the\ncommissioner shall hold a hearing after giving notice as provided in\nsection 33-1103. After the hearing, the commissioner shall make such\nfindings as the evidence adduced justifies and may continue, modify, or\nrescind the order. If the commissioner modifies or rescinds the order,\nhe shall give notice of his action as provided in subdivision 4 of this\nsection.\n  4. All orders shall be effected upon posting the same prominently in\nat least five of the most public places within the affected area.  They\nshall also be published in a newspaper having general circulation in the\nareas affected but such publication shall not be a condition precedent\nto their effectiveness.\n
N.Y. PBA Law § 1299-DD — New York Code / Act PBA / Article 5 / Title 11-B / Section 1299-DD
Rochester-Genesee regional transportation authority
Status: in_force

§ 1299-dd. Rochester-Genesee regional transportation authority.  1.\n(a) There is hereby created the Rochester-Genesee regional\ntransportation authority. The authority shall be a body corporate and\npolitic constituting a public benefit corporation. It shall consist of:\n(i) at least one member from each county that elects to join the\nauthority except that the county of Monroe shall have seven members of\nwhom three shall be appointed from the city of Rochester and four at\nlarge from the county of Monroe, (ii) and a voting member who is a\ntransit dependent individual appointed pursuant to paragraph (c) of this\nsubdivision, and (iii) one non-voting member as described in paragraph\n(b) of this subdivision. The members shall be appointed by the governor\nby and with the advice and consent of the senate. The governor shall\nmake initial appointments to the authority in such number and from lists\nsubmitted as follows: three members shall be appointed to the authority\nfrom a list of not less than six names, all of whom must be residents of\nthe city of Rochester, submitted to the governor by the council of the\ncity of Rochester; four persons from a list of not less than eight\npersons, all of whom must be residents of the county of Monroe submitted\nby the legislature of the county of Monroe. Other counties electing to\nparticipate shall each submit to the governor a list of not less than\ntwo persons for each one hundred thousand or major fraction of the total\npopulation, as determined by the last federal decennial or federal\ncounty-wide special census. From the counties outside the county of\nMonroe which shall elect to participate, the governor shall appoint one\nmember for each one hundred thousand or major fraction of the total\npopulation, as determined by the last federal decennial or federal\ncounty-wide special census, with a minimum of one member to represent\neach county outside the county of Monroe so electing to participate. All\nmembers of the authority shall be residents of the area from which they\nare nominated.\n  (b) The non-voting member of the authority, who shall not be\nconsidered in determining a quorum, shall be recommended to the governor\nby the labor organization representing the plurality of the employees\nwithin the authority and shall be a resident of the Rochester-Genesee\nregional transportation district as described in section twelve hundred\nninety-nine-cc of this title. Such non-voting member shall be appointed\nfor a term of five years, provided, however, that if at any time during\nthe term of appointment such non-voting member ceases to be affiliated\nwith the labor organization representing the plurality of employees\nwithin the authority, then such labor organization may at any time\nduring such term recommend a new member to the governor who shall serve\nthe remainder of the term. If the local bargaining unit decertifies its\nexisting union affiliation and certifies a new union, the union which\nrepresents the plurality of the employees may recommend a new member to\nthe governor who shall serve the remainder of the term. The chairman of\nthe authority, at his or her discretion, may exclude such non-voting\nmember from attending any portion of a meeting of the authority or of\nany committee held for the purpose of discussing negotiations with labor\norganizations, pending litigation involving the labor organization, or\nthe investigation, evaluation, or discipline of an employee.\n  (c) The voting member who is a transit dependent individual as\ndescribed in paragraph (a) of this subdivision shall be appointed by the\ngovernor for a term of five years. Such member shall be a resident of a\ncounty within the district. If a vacancy occurs for such position, a\nreplacement shall be appointed within six months pursuant to this\nprocess. Any local or statewide transit advocacy organization may\nrecommend one or more transit dependent individuals to be considered\npursuant to this section.\n  2. The members of the authority shall continue in office until their\nsuccessors are appointed and shall have qualified. One member appointed\nfrom the city of Rochester and one member appointed from the county of\nMonroe shall be appointed for terms ending July thirty-first, nineteen\nhundred seventy-one; one member appointed from the city of Rochester and\ntwo members appointed from the county of Monroe shall be appointed for\nterms ending July thirty-first, nineteen hundred seventy-two; and one\nmember appointed from the city and one member appointed from the county\nof Monroe shall be appointed for terms ending July thirty-first,\nnineteen hundred seventy-three. The member (or members) who is (or are)\nappointed from the other counties shall be appointed for a term (or\nterms) of five years, but all terminating on the thirty-first day of\nJuly of the fifth year. Thereafter, upon expiration of the term of a\nmember of the authority a successor shall be appointed by the governor\nfor a term expiring five years after the expiration of the term of his\npredecessor. If a vacancy shall occur by reason of a death,\ndisqualification, resignation or removal of a member, the successor\nshall be appointed by the governor for the unexpired term. Persons\nsucceeding members from the city of Rochester and the county of Monroe\non the authority shall be appointed from the same area and by the same\nprocedure as the original appointments. In the event of a vacancy as\ndefined herein, the successor appointed by the governor for an unexpired\nterm shall be from the same area. The same procedure shall be followed\nfor the filling of vacancies of members appointed from other counties.\nMembers of the authority shall, before entering upon the duties of their\noffice, take the constitutional oath of office and file the same in the\noffice of the secretary of state. No person while serving in any\nelective office shall be eligible to serve as a member of the authority.\nThe members of the authority shall officially be designated and referred\nto as commissioners.\n  3. The members of the authority, including the chairman, shall not\nreceive a salary or other compensation when rendering service as a\nmember of the authority or as a member of one of its subsidiary\ncorporations, but shall be entitled to reimbursement for actual and\nnecessary expenses incurred in the performance of their official duties.\n  4. A majority of the whole number of votes of members of the\nauthority, including the voting member who is a transit dependent\nindividual as described in subdivision one of this section, shall\nconstitute a quorum for the transaction of business or the exercise of\nany power of the authority. Except as otherwise specified in this act,\nfor the transaction of any business or the exercise of any power of the\nauthority, the authority shall have power to act by a majority vote of\nthe members present at any meeting at which a quorum is in attendance.\nEach member of the authority shall have one vote for each thirty-five\nthousand or major fraction thereof of the population of the county or\ncity from which he is appointed based upon the results of the last\nfederal decennial or federal county-wide special census divided by the\ntotal number of members appointed from such county or city, except that\nthe voting member who is a transit dependent individual as described in\nsubdivision one of this section shall have one vote in total. The\nminimum number of votes each member shall have, regardless of\npopulation, is one. The votes of all members shall be calculated with\nfractions being rounded to the nearest whole number. The population of a\ncounty for the purposes of this provision is the total population of\nsuch county less the population of any city which is entitled to have\nmembers appointed on the authority.\n  5. The authority shall organize by the selection from its members of a\nchairman, vice chairman, secretary and such other officers as the\nmembers may deem necessary. It shall adopt such rules as it may deem\nnecessary and proper for the government of its own proceedings, and\nshall keep a record of such proceedings.\n  6. The authority shall be a "state agency" for the purposes of\nsections seventy-three and seventy-four of the public officers law.\n  7. Notwithstanding any inconsistent provisions of this or any other\nlaw, general, special or local, no officer or employee of the state, or\nof any public corporation as defined in the general corporation law,\nshall be deemed to have forfeited or shall forfeit his office or\nemployment or any benefits provided under the retirement and social\nsecurity law or under any public retirement system maintained by the\nstate or any of its subdivisions by reason of his acceptance of\nmembership on or chairmanship of the authority; provided, however, a\nmember or chairman who holds such other public office or employment\nshall be entitled to reimbursement for his actual and necessary expenses\nincurred in the performance of such services.\n  8. The governor may remove any member for inefficiency, neglect of\nduty or misconduct in office after giving him a copy of the charges\nagainst him and an opportunity to be heard, in person or by counsel in\nhis defense, upon not less than ten days' notice. If any member shall be\nso removed, the governor shall file in the office of the department of\nstate a complete statement of charges made against such member, and his\nfindings thereon, together with a complete record of the proceedings.\n  9. The authority shall continue so long as it shall have bonds or\nother obligations outstanding and until its existence shall be\nterminated by law. Upon the termination of the existence of the\nauthority, all its rights and properties shall pass to and be vested in\nthe state.\n  10. Each of the counties that elect to become participating members of\nthe Rochester-Genesee regional transportation district may do so by\nresolution adopted by a majority of the membership of its governing body\nand such election by a county shall take effect upon the filing of a\nduly certified copy of such resolution with the authority and with the\nsecretary of state, and the mailing of a certified copy thereof to the\ncounty clerk of each county which is granted the power of election under\nthe provisions of this act.\n
N.Y. PBA Law § 2980 — New York Code / Act PBA / Article 9 / Title 11 / Section 2980
Wrongful death; notice of claim
Status: in_force

§ 2980. Wrongful death; notice of claim. No wrongful death action\nagainst a public authority or public benefit corporation shall be\ncommenced unless a notice of claim has been served on the authority or\ncorporation in accordance with the provisions of section fifty-e of the\ngeneral municipal law.\n
N.Y. PBA Law § 1276-B — New York Code / Act PBA / Article 5 / Title 11 / Section 1276-B
Authority budget and financial plan
Status: in_force

§ 1276-b. Authority budget and financial plan. 1. In addition to the\nrequirements of section twenty-eight hundred two of this chapter, each\nauthority budget and plan shall be posted on its website and shall: (a)\npresent information relating to the authority and each of its agencies\nin a clear and consistent manner and format; (b) be prepared in\naccordance with generally accepted accounting principles, except as\notherwise consented to by the comptroller upon good cause shown; (c) be\nbased on reasonable assumptions and methods of estimation; (d) include\nestimates of projected operating revenues and expenses; (e) identify any\nplanned transaction that would shift resources, from any source, from\none fiscal year to another, and the amount of any reserves; and (f)\ncontain a summary in plain English of the principal information in the\nbudget and conclusions to be drawn from it.\n  2. Supporting documentation. The authority shall prepare and make\navailable for public inspection on its website information that details\nthe sources of data and the assumptions and methods of estimation used\nto calculate all operating and capital budget projections, consistent\nwith generally accepted budgetary practices.\n  3. The authority shall establish at least annually the quarterly\nrevenue and expense targets for the authority, and for each subsidiary\nor other authority created by the authority itself and for which it\nreports financial data.\n  4. Monitoring the budget and financial plan. The authority shall\nprepare and make available for public inspection on its website: (a)\nwithin sixty days of the release of the adopted budget and any updates\nto the budget (except updates released within ninety days of the close\nof the fiscal year), monthly projections for the current fiscal year of\nall revenues and expenses, staffing for the authority and each of its\nagencies, and utilization for each of the authority's agencies that\noperate transportation systems, including bridges and tunnels; (b)\nwithin sixty days after the close of each quarter, a comparison of\nactual revenues and expenses, actual staffing and actual utilization to\nplanned or projected levels for each of the authority's agencies that\noperate transportation systems, including bridges and tunnels, with an\nexplanation of each material variance and its budgetary impact; and (c)\nwithin ninety days after the close of each quarter, the status of each\ngap-closing initiative with a projected value greater than one million\ndollars in any given fiscal year; the status of capital projects by\ncapital element, including but not limited to commitments, expenditures\nand completions; and an explanation of material variances from the plan,\ncost overruns and delays.\n  5. Strategic operation plan. Financial information required to be\nsubmitted by the authority pursuant to paragraphs d and e of subdivision\none of section twelve hundred sixty-nine-c of this title shall be\npresented in a format consistent with the budget and plan, in\ndownloadable, searchable format.\n  6. The authority shall publish all data pertaining to each authority's\nbudget and financial plans as required by this section in a common,\nmachine readable format on the authority's website as defined by\nexecutive order number ninety-five of two thousand thirteen, "Using\nTechnology to Promote Transparency, Improve Government Performance and\nEnhance Citizen Engagement" or any successor order. Such data shall\ninclude, but not be limited to:\n  (a) estimates of projected operating revenues and expenses, including\nmonthly projections for the current fiscal year of all revenues and\nexpenses;\n  (b) quarterly revenue and expense targets;\n  (c) staffing for the authority and each of its agencies;\n  (d) a comparison of actual revenues and expenses, actual staffing and\nactual utilization to planned or projected levels for each of the\nauthority's agencies that operate transportation systems;\n  (e) the status of each gap-closing initiative with a projected value\ngreater than one million dollars in any given fiscal year; and\n  (f) the status of capital projects by capital element, including but\nnot limited to commitments, expenditures and completions; and material\nvariances from the plan, cost overruns and delays.\n  7. The data required to be published pursuant to this section shall be\nmade in a single tabular data file in a common, machine readable format\nand shall be accessible on the authority's website and the website\ndata.ny.gov or such other successor website maintained by, or on behalf\nof, the state, as deemed appropriate by the New York state office of\ninformation technology services under executive order number ninety-five\nof two thousand thirteen, or any successor agency or order.\n
N.Y. PBA Law § 1299-N — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-N
Notes and bonds as legal investment
Status: in_force

§ 1299-n. Notes and bonds as legal investment. The notes and bonds of\nthe authority are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. Notwithstanding any other provisions of law, the bonds of the\nauthority are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 1266-M — New York Code / Act PBA / Article 5 / Title 11 / Section 1266-M
Information concerning services for human trafficking victims
Status: in_force

§ 1266-m. Information concerning services for human trafficking\nvictims. 1. The authority shall make available in plain view and in a\nconspicuous place and manner in the public restrooms and in any\nlactation rooms of any transit facility operated by the authority,\ninformational cards and/or signs developed by:\n  (a) the office of temporary and disability assistance in consultation\nwith the New York state interagency task force on human trafficking; or\n  (b) the United States Department of Homeland Security.\n  2. All informational cards and signs shall only contain information\nconcerning services for human trafficking victims and shall prominently\ninclude the national human trafficking hotline telephone number.\n  3. For purposes of this section, the term "lactation room" shall mean\na hygienic place, other than a restroom, that is intended to be used for\nthe primary purpose of breastfeeding or expressing breast milk.\n
N.Y. PBA Law § 1279-G — New York Code / Act PBA / Article 5 / Title 11 / Section 1279-G
Major construction review unit
Status: in_force

§ 1279-g. Major construction review unit. The authority shall\nestablish the major construction review unit within the authority that\nshall consist of a panel of internal and external experts appointed by\nthe board. Panel members shall have extensive background or executive\nexperience in at least one of the following areas: engineering; design;\nconstruction; or, project management. The major construction review unit\nshall review all large scale projects of the authority, its\nsubsidiaries, affiliates and the subsidiaries of its affiliates before\naward and shall also review any plans involving signal system upgrades,\nincluding, but not limited to the use of communications based train\ncontrol and ultra-wideband technology for use within the New York City\nsubway system before they shall be implemented. The review of any\nproject or system upgrade referred to the review unit shall be completed\nwithin thirty days from the submission of such project or system to the\nreview unit.\n
N.Y. RSS Law § 390 — New York Code / Act RSS / Article 8 / Title 11 / Section 390
Options
Status: in_force

§ 390. Options. a. A member; or if he is an incompetent, his spouse or\nthe committee of his property; or if he is a conservatee, his spouse or\nthe conservator of his property, may elect to receive a Single Life\nAllowance (a retirement allowance without optional modification) or to\nreceive the actuarial equivalent of his retirement allowance at the time\nof his retirement, in the form of a smaller retirement allowance payable\nto him for life and one of the following optional settlements.\n  Cash Refund-Contributions (Option One-half). If he dies before he has\nreceived annuity payments equal to the present value of his annuity, as\nit was at the time of his retirement, the balance thereof shall be paid\nto his estate or to a beneficiary designated as provided in this\nsection. In the event a designated beneficiary does not survive him, any\nbalance shall be payable to the estate of the deceased retired member or\nas provided in section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  The beneficiary so designated may elect by written designation, duly\nexecuted and filed with the comptroller, to receive the balance payable\nin the form of an annuity, the amount of which shall be determined as\nthe actuarial equivalent of such balance on the basis of regular\ninterest and the age of such beneficiary at the time of the retiree's\ndeath, or in the alternative, to receive the actuarial equivalent of\nsuch balance in the form of a reduced annuity payable for life, with the\nfurther proviso that if he should die before the annuity payments\nreceived by him are equal to such actuarial equivalent, the balance\nthereof shall be paid in a lump sum to his estate or to such person as\nhe shall have designated to receive same. In either case the election\nshall be within ninety days after the death of the retiree. The\ndesignation of the individual who is to receive such lump sum on the\ndeath of the beneficiary, may be changed by the beneficiary at any time.\nSuch election, designation or change shall be made by a writing, duly\nexecuted and filed with the comptroller. In the event a designated\nbeneficiary has elected to receive a balance payable in the form of a\nreduced annuity, and the person designated by him to receive a lump sum\npayment does not survive him, such lump sum, if any, shall be payable to\nthe estate of the designated beneficiary or as provided in section one\nthousand three hundred ten of the surrogate's court procedure act.\n  Cash Refund-Initial Value (Option One). If he dies before he has\nreceived retirement allowance payments equal to the present value of his\nretirement allowance, as it was at the time of his retirement, the\nbalance thereof shall be paid to his estate or to the beneficiary so\ndesignated. In the event a designated beneficiary does not survive him,\nany balance shall be payable to the estate of the deceased retired\nmember or as provided in section one thousand three hundred ten of the\nsurrogate's court procedure act. The beneficiary so designated may elect\nby written designation, duly executed and filed with the comptroller, to\nreceive the balance payable in the form of an annuity, the amount of\nwhich shall be determined as the actuarial equivalent of such balance on\nthe basis of regular interest and the age of such beneficiary at the\ntime of the retiree's death, or in the alternative, to receive the\nactuarial equivalent of such balance in the form of a reduced annuity\npayable for life, with the further proviso that if he should die before\nthe annuity payments received by him are equal to such actuarial\nequivalent, the balance thereof shall be paid in a lump sum to his\nestate or to such person as he shall have designated to receive same. In\neither case the election shall be within ninety days after the death of\nthe retiree. The designation of the individual who is to receive such\nlump sum on the death of the beneficiary, may be changed by the\nbeneficiary at any time. Such election, designation or change shall be\nmade by a writing, duly executed and filed with the comptroller. In the\nevent a designated beneficiary has elected to receive a balance payable\nin the form of a reduced annuity, and the person designated by him to\nreceive a lump sum payment does not survive him, such lump sum, if any,\nshall be payable to the estate of the designated beneficiary or as\nprovided in section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  Joint Allowance-Full (Option Two). Upon his death, a retirement\nallowance in an amount equal to that paid to him, shall be paid for life\nto the beneficiary so designated.\n  Joint Allowance-Half (Option Three). Upon his death, a retirement\nallowance of one-half the amount paid to him shall be paid for life to\nthe beneficiary so designated.\n  Actuarial Equivalent Allowance (Option Four). Such other optional\nbenefit or benefits as the comptroller shall approve and which shall be\nthe actuarial equivalent of his retirement allowance at the time of his\nretirement.\n  aa. In the event that the monthly retirement allowance payable to a\nmember or a beneficiary shall amount to less than twenty-five dollars,\nthen and in such event, the member or beneficiary may elect, in lieu of\nsuch monthly retirement allowance, to receive the actuarial equivalent\nthereof in a lump sum.\n  b. All elections under this section shall be made on blanks prepared\nby the comptroller for that purpose. Any such election may be made at\nany time before the first payment on account of any benefit becomes\nnormally due, except that in the case of retirement on account of\ndisability, such an election may be made within thirty days after\nmailing by the comptroller of notification of approval of retirement on\naccount of disability.\n  An optional election shall not become effective if the member dies\nbefore the effective date of his retirement. Provided, however, if a\nmember who is otherwise eligible for disability retirement pursuant to\nthis chapter dies after the filing in the office of the comptroller of\nthe application for disability retirement and a valid option election\nform pursuant to this chapter and it is established that the physical or\nmental impairment or incapacitation of the applicant specified in such\napplication was directly related to the cause of the applicant's death,\nsuch application shall be approved by the comptroller effective one day\nbefore the date of the applicant's death. An election of an option may\nbe withdrawn or a new option may be chosen within the period provided in\nthis subdivision b for the making of such an election. Except as\nprovided in subdivision b of section three hundred seventy of this\narticle, where an optional election does not become effective,\nretirement shall be without option.\n  bb. 1. Notwithstanding any other provision of this section or of\nsection three hundred seventy of this article, the comptroller, for\nreasonable cause, shall have power, to extend the time for the election\nof an option, for a period or periods which shall expire not later than\nsixty days immediately after the effective date of a member's\nretirement.\n  2. Notwithstanding any other provision of this section, but except\nwhere payment of accumulated contributions, an ordinary death benefit,\nor both, is or are required pursuant to subdivision dd of section three\nhundred fifty-one of this article or subdivision aa of section three\nhundred sixty of this article, retirement shall be on the basis of\n"Option One-half" unless the member files an effective election pursuant\nto this section to retire on a different basis. The provisions of this\nparagraph two shall apply to cases where retirement shall become\neffective on or after April first, nineteen hundred sixty-seven.\n  c. A member, or person authorized by this section to make an election\nin his behalf, may designate his beneficiary under any of the options\nherein provided. Each such designation shall be:\n  1. Made in writing on a blank provided by the comptroller for such\npurposes, and\n  2. Ineffective until it is filed in the comptroller's office, and\n  3. Revocable to the extent that:\n  (a) A new beneficiary under a "Cash Refund-Contributions" option\n(Option One-half), or a "Cash Refund-Initial Value" option (Option One)\nmay be designated at any time during the member's life.\n  (b) A new beneficiary under any other option may be designated at any\ntime within the period provided for the making of an election pursuant\nto this section.\n  d. In the event of the death of a retired member, the installment of\nhis retirement allowance, which would have become due and payable next\nfollowing his death, shall be pro-rated as of the date of his death. The\namount of such installment, as so pro-rated, shall be paid as follows:\n  1. If the member shall have:\n  (a) Elected to receive an optional benefit pursuant to this section,\nand\n  (b) Designated a beneficiary pursuant to this section, such amount\nshall be paid to such beneficiary, if such beneficiary survives him. In\nany other case such amount shall be paid to the retired member's estate\nor pursuant to section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  2. If the member shall not have elected to receive an optional\nbenefit, such amount shall be paid to the beneficiary designated by him\npursuant to subdivision d of section three hundred fifty-one of this\narticle. In the event the appropriately designated beneficiary does not\nsurvive such member, or if he shall not have so designated a\nbeneficiary, such amount shall be payable to the retired member's estate\nor pursuant to section one thousand three hundred ten of the surrogate's\ncourt procedure act.\n  e. Notwithstanding any other provision of this article, an option\nselection previously filed by a member or retired member subject to the\nprovisions of this section may be changed no later than thirty days\nfollowing the date of payability of his or her retirement allowance. A\nretired member who has been retired for disability may change an option\nselection previously filed no later than (1) thirty days following the\ndate on which such member's application for disability retirement was\napproved by the retirement board or (2) thirty days following the date\non which such retiree was retired for disability, whichever is later.\n
N.Y. PBA Law § 1299-F — New York Code / Act PBA / Article 5 / Title 11-A / Section 1299-F
Special powers of the authority
Status: in_force

§ 1299-f. Special powers of the authority. In order to effectuate the\npurposes of this title: 1. The authority may acquire, by purchase, gift,\ngrant, transfer, contract or lease, any transportation facility, wholly\nor partially within the Niagara Frontier transportation district or any\npart thereof, or the use thereof, and may enter into any joint service\narrangements as hereinafter provided. Any such acquisition or joint\nservice arrangement shall be authorized only by resolution of the\nauthority approved by not less than a majority of the whole number of\nmembers of the authority then in office. In addition to and not in\nlimitation of any other power conferred upon the authority by the\nprovisions of this title, the authority is hereby empowered and\nauthorized in respect of any property and assets at any time owned or\nheld by, or under the jurisdiction of, the Buffalo and Fort Erie public\nbridge authority, to accept and receive any such interest therein as it\nmay have been or may hereafter be designated by the state by law to\nreceive, and in respect thereof, except as otherwise provided by the\ndesignating statute, it shall have and exercise all of the powers and\njurisdiction herein conferred upon it in respect of any other property,\nrights, assets, facilities and projects in any other manner acquired or\nfrom any other source received by it pursuant to the provisions of this\ntitle.\n  2. The authority may on such terms and conditions as the authority may\ndetermine necessary, convenient or desirable itself establish,\nconstruct, effectuate, operate, maintain, renovate, improve, extend or\nrepair any such transportation facility, or may provide for such\nestablishment, construction, effectuation, operation, maintenance,\nrenovation, improvement, extension or repair by contract, lease, or\nother arrangement on such terms as the authority may deem necessary,\nconvenient or desirable with any person, including but not limited to\nany common carrier or freight forwarder, the state, any state agency,\nthe federal government, any other state or agency or instrumentality\nthereof, any public authority of this or any other state, any political\nsubdivision or municipality of the state, or the nation. In connection\nwith the operation of any such transportation facility, the authority\nmay establish, construct, effectuate, operate, maintain, renovate,\nimprove, extend or repair or may provide by contract, lease or other\narrangement for the establishment, construction, effectuation,\noperation, maintenance, renovation, improvement, extension or repair of\nany related services and activities it deems necessary, convenient or\ndesirable, including but not limited to the transportation and storage\nof freight and the United States mail, feeder and connecting\ntransportation, parking areas, transportation centers, stations and\nrelated facilities.\n  3. The authority may establish, levy and collect or cause to be\nestablished, levied and collected and, in the case of a joint service\narrangement, join with others in the establishment, levy and collection\nof such fares, tolls, rentals, rates, charges and other fees as it may\ndeem necessary, convenient or desirable for the use and operation of any\ntransportation facility and related services operated by the authority\nor by a subsidiary corporation of the authority or under contract, lease\nor other arrangement, including joint service arrangements, with the\nauthority. Any such fares, tolls, rentals, rates, charges or other fees\nfor the transportation of passengers shall be established and changed\nonly if approved by resolution of the authority adopted by not less than\na majority of the whole number of members of the authority then in\noffice and only after a public hearing, provided however, that fares,\ntolls, rentals, rates, charges or other fees for the transportation of\npassengers on any transportation facility which are in effect at the\ntime that the then owner of such transportation facility becomes a\nsubsidiary corporation of the authority or at the time that operation of\nsuch transportation facility is commenced by the authority or is\ncommenced under contract, lease or other arrangement including joint\nservice arrangements, with the authority may be continued in effect\nwithout such a hearing. Such fares, tolls, rentals, rates, charges and\nother fees shall be established as may in the judgment of the authority\nbe necessary to maintain the combined operations of the authority and\nits subsidiary corporations on a self-sustaining basis. The said\noperations shall be deemed to be on a self-sustaining basis as required\nby this title, when the authority is able to pay or cause to be paid\nfrom revenue and any other funds or property actually available to the\nauthority and its subsidiary corporations (a) as the same shall become\ndue, the principal of and interest on the bonds and notes and other\nobligations of the authority and of such subsidiary corporations,\ntogether with the maintenance of proper reserves therefor, (b) the cost\nand expense of keeping the properties and assets of the authority and\nits subsidiary corporations in good condition and repair, and (c) the\ncapital and operating expenses of the authority and its subsidiary\ncorporations.  The authority may contract with the holders of bonds and\nnotes with respect to the exercise of the powers authorized by this\nsection.\n  4. The authority may establish and, in the case of joint service\narrangements, join with others in the establishment of such schedules\nand standards of operations and such other rules and regulations\nincluding but not limited to rules and regulations governing the conduct\nand safety of the public as it may deem necessary, convenient or\ndesirable for the use and operation of any transportation facility and\nrelated services operated by the authority or under contract, lease or\nother arrangement, including joint service arrangements, with the\nauthority. Such rules and regulations governing the conduct and safety\nof the public shall be filed with the department of state in the manner\nprovided by section one hundred two of the executive law. In the case of\nany conflict between any such rule or regulation of the authority\ngoverning the conduct or safety of the public and any local law,\nordinance, rule or regulation, such rule or regulation of the authority\nshall prevail. Violation of any such rule or regulation of the authority\ngoverning the conduct or the safety of the public in or upon any\nfacility of the authority shall constitute an offense and shall be\npunishable by a fine not exceeding fifty dollars or imprisonment for not\nmore than thirty days or both, or may in the alternative be designated a\ntransit infraction punishable by the imposition by the transit\nadjudication bureau established pursuant to the provisions of this title\nof a civil penalty in an amount for any one violation of not to exceed\ntwo hundred fifty dollars, exclusive of interest or costs assessed\nthereon, in accordance with a schedule of such penalties as may from\ntime to time be established by the authority. There shall be no penalty\nor increment in fine by virtue of a respondent's timely exercise of his\nright to a hearing or appeal.  The rules may provide, in addition to any\nother sanctions, for the confiscation of tokens, tickets, cards or other\nfare media that have been forged, counterfeited, improperly altered or\ntransferred, or otherwise used in a manner inconsistent with such rules.\n  5. The authority may acquire, hold, own, lease, establish, construct,\neffectuate, operate, maintain, renovate, improve, extend or repair any\nof its facilities through, and cause any one or more of its powers,\nduties, functions or activities to be exercised or performed by, one or\nmore wholly owned subsidiary corporations of the authority and may\ntransfer to or from any such corporation, or between such corporations,\nany moneys, real property or other property or the services of any\nofficers, employees or consultants for any of the purposes of this\ntitle. The directors or members of each such subsidiary corporation\nshall be the same persons holding the offices of members of the\nauthority. Each such subsidiary corporation and any of its property,\nfunctions and activities shall have all of the privileges, immunities,\ntax exemptions and other exemptions of the authority and of the\nauthority's property, functions and activities. Each such subsidiary\ncorporation shall be subject to the restrictions and limitations to\nwhich the authority may be subject. Each such subsidiary corporation\nshall be subject to suit in accordance with section twelve hundred\nninety-nine-p of this title. The employees of any such subsidiary\ncorporation, except those who are also employees of the authority, shall\nnot be deemed employees of the authority.\n  If the authority shall determine that one or more of its subsidiary\ncorporations should be in the form of a public benefit corporation, it\nshall create each such public benefit corporation by executing and\nfiling with the secretary of state a certificate of incorporation, which\nmay be amended from time to time by filing, which shall set forth the\nname of such public benefit subsidiary corporation, its duration, the\nlocation of its principal office, and any or all of the purposes of\nacquiring, owning, leasing, establishing, constructing, effectuating,\noperating, maintaining, renovating, improving, extending or repairing\none or more facilities of the authority. Each such public benefit\nsubsidiary corporation shall be a body politic and corporate and shall\nhave all those powers vested in the authority by the provisions of this\ntitle which the authority shall determine to include in its certificate\nof incorporation except the power to contract indebtedness.\n  Any other provision of law to the contrary notwithstanding the\nauthority may elect to maintain consolidated records of account for\nitself and its subsidiary corporations and to report on a consolidated\nbasis with regard to the moneys and activities of the authority and its\nsubsidiary corporations, and the authority shall not be required to keep\nseparate records of account for or to report separately with regard to\nmoneys or activities of any of its subsidiary corporations or of the\nauthority itself apart from its subsidiary corporations or with regard\nto transfers of property or services between the authority and its\nsubsidiary corporations or between said subsidiary corporations.\n  The Niagara Frontier port authority shall be deemed to be a subsidiary\ncorporation for the purposes of this subdivision.\n  Whenever any state, political subdivision, municipality, commission,\nagency, officer, department, board, division or person is authorized and\nempowered for any of the purposes of this title to co-operate and enter\ninto agreements with the authority such state, political subdivision,\nmunicipality, commission, agency, officer, department, board, division\nor person shall have the same authorization and power for any of such\npurposes to co-operate and enter into agreements with a subsidiary\ncorporation of the authority.\n  6. The authority, in its own name or in the name of the state, may\napply for and receive and accept grants of property, money and services\nand other assistance offered or made available to it by any person,\ngovernment or agency whatever, which it may use to meet capital or\noperating expenses and for any other use within the scope of its powers,\nand to negotiate for the same upon such terms and conditions as the\nauthority may determine to be necessary, convenient or desirable.\n  7. The authority may do all things it deems necessary, convenient or\ndesirable to manage, control and direct the maintenance and operation of\ntransportation facilities, equipment or real property operated by or\nunder contract, lease or other arrangement with the authority. Except as\nhereinafter specially provided, no municipality or political\nsubdivision, including but not limited to a county, city, village, town\nor school or other district shall have jurisdiction over any facilities\nof the authority or any of its activities or operations.  The local\nlaws, resolutions, ordinances, rules and regulations of a municipality\nor political subdivision, heretofore or hereafter adopted, conflicting\nwith this title or any rule or regulation of the authority, shall not be\napplicable to the activities or operations of the authority, or the\nfacilities of the authority, except such facilities that are devoted to\npurposes other than transportation purposes. Each municipality or\npolitical subdivision, including but not limited to a county, city,\nvillage, town or district in which any facilities of the authority are\nlocated shall provide for such facilities police, fire and health\nprotection services of the same character and to the same extent as\nthose provided for residents of such municipality or political\nsubdivision.\n  The jurisdiction, supervision, powers and duties of the department of\ntransportation of the state under the transportation law shall not\nextend to the authority in the exercise of any of its powers under this\ntitle. The authority may agree with such department for the execution by\nsuch department of any grade crossing elimination project or any grade\ncrossing separation reconstruction project along any railroad facility\noperated by the authority or by one of its subsidiary corporations or\nunder contract, lease or other arrangement with the authority. Any such\nproject shall be executed as provided in article ten of the\ntransportation law and the railroad law, respectively, and the costs of\nany such project shall be borne as provided in such laws, except that\nthe authority's share of such costs shall be borne by the state.\n
N.Y. ENV Law § 71-1121 — New York Code / Act ENV / Article 71 / Title 11 / Section 71-1121
Enforcement of subdivision 2 of section 15-1947
Status: in_force

§ 71-1121. Enforcement of subdivision 2 of section 15-1947.\n  Violation of subdivision 2 of section 15-1947 shall constitute a\nviolation, punishable by a fine of not more than one thousand dollars,\nand in addition thereto, a civil penalty of not more than fifteen\nhundred dollars.\n
N.Y. SOS Law § 365-D — New York Code / Act SOS / Article 5 / Title 11 / Section 365-D
Medicaid evidence based benefit review advisory committee
Status: in_force

§ 365-d. Medicaid evidence based benefit review advisory committee. 1.\nThe department shall convene a Medicaid evidence based benefit review\nadvisory committee. The committee shall provide advice and make\nrecommendations regarding coverage of health technology or service for\npurposes of the medical assistance program. The commissioner shall\nconsult such committee prior to any determination made regarding the\ncoverage status of a particular item, health technology or service based\non procedures established in subdivision five of this section under the\nmedical assistance program. For purposes of this section, "health\ntechnology" means medical devices and surgical procedures used in the\nprevention, diagnosis and treatment of disease and other medical\nconditions. For purposes of this section "services" means any medical or\nbehavioral health procedure.\n  2. (a) The membership of such committee shall, at a minimum, include:\n  (i) at least three persons licensed and actively engaged in the\npractice of medicine in this state;\n  (ii) one person licensed and actively engaged in the practice of\nnursing as a nurse practitioner, or in the practice of midwifery in this\nstate;\n  (iii) one person with expertise in health technology assessment or\nevidence based medical review who is preferably a health care\nprofessional licensed under title eight of the education law;\n  (iv) three persons who shall be consumers or representatives of\norganizations with a regional or statewide constituency and who have\nbeen involved in activities related to health care consumer advocacy;\n  (v) one person who is a representative of a hospital organization with\na regional, national or statewide constituency;\n  (vi) one person who is a representative of a health insurance or\nmanaged care organization with a regional, statewide or national\nconstituency;\n  (vii) one person who is a health economist;\n  (viii) one person with health care expertise who is appointed by the\ntemporary president of the senate;\n  (ix) one person with health care expertise who is appointed by the\nspeaker of the assembly;\n  (x) a member of the department who shall act as chairperson as\ndesignated by the commissioner; and\n  (xi) the committee may invite and consult with scientific, technical,\nor clinical experts with demonstrable experience or knowledge of the\ntechnology or medical specialty area under review.\n  3. The department shall provide video or audio access to all meetings\nof such committee through the department's website.\n  4. The members of the committee shall receive no compensation for\ntheir services but shall be reimbursed for expenses actually and\nnecessarily incurred in the performance of their duties unless expressly\nstated otherwise in this section, members shall be appointed by the\ncommissioner. Members shall serve three year terms, and may be\nreappointed for subsequent terms. Committee members shall be deemed to\nbe employees of the department for purposes of section seventeen of the\npublic officers law, and shall not participate in any matter before the\ncommittee for which a conflict of interest exists.\n  5. The committee shall consider any matter regarding material changes\nin the coverage status of a particular item, health technology or\nservice, and any matter relative to new health technology assessment or\nmedical evidence review for which the department determines a sufficient\nbody of evidence exists to warrant committee deliberation. The\ncommissioner shall provide members of the committee with any evidence or\ninformation related to the health technology or medical service\nassessment including but not limited to, information submitted by\nmembers of the public. The department shall report to the committee\nprogrammatic changes to benefits that do not rise to the level of a\nmaterial change, as well as determinations of when sufficient medical\nevidence exists to warrant committee deliberations. The commissioner\nshall provide forty-five days public notice on the department's website\nprior to any meeting of the committee to develop recommendations\nconcerning health technology or medical service coverage determinations.\nSuch notice shall include a description of the proposed health\ntechnology or service to be reviewed, the conditions or diseases\nimpacted by the health technology or service, the proposals to be\nconsidered by the committee, and the systematic evidence-based\nassessment prepared in accordance with this subdivision.  The committee\nshall allow interested parties a reasonable opportunity to make an oral\npresentation to the committee related to the health technology or\nservice to be reviewed and to submit written information.  The committee\nshall consider any information provided by any interested party,\nincluding, but not limited to, health care providers, health care\nfacilities, patients, consumers and manufacturers. For all health\ntechnologies or services selected for review, the department shall\nconduct or commission a systematic evidence-based assessment of the\nhealth technology's or service's safety and clinical efficacy. The\nassessment shall use established systematic review elements, study\nquality assessment, and data synthesis. Upon completion, the systematic,\nevidence-based assessment shall be made available to the public.\n  6. The commissioner shall provide notice of any coverage\nrecommendations developed by the committee by making such information\navailable on the department's website. Such public notice shall include:\na summary of the deliberations of the committee; a summary of the\npositions of those making public comments at meetings of the committee\nand any safety and health outcomes data submitted by any interested\nparty; the response of the committee to those comments, if any; the\nclinical evidence upon which the committee bases its recommendations;\nand the findings and recommendations of the committee including a final\nevidence-based systematic assessment.\n  7. The commissioner shall provide public notice on the department's\nwebsite of the committee's recommendation and the department's final\ndetermination, including: the nature of the determination; an analysis\nof the impact of the department's determination on the state Medicaid\nplan populations and providers; and the projected fiscal impact to the\nstate Medicaid program.\n  8. The recommendations of the committee, made pursuant to this\nsection, shall be based on a review of the evidence presented to the\ncommittee, including the clinical effectiveness, patient outcomes,\nimpact on at risk and underserved populations, and safety. The committee\nshall review previous recommendations of the committee as new evidence\nbecomes available and permit oral presentations and the submission of\nnew evidence at any committee meeting. Such review shall occur pursuant\nto the procedure established in subdivisions five and six of this\nsection.  The department may alter or revoke the final determination\nafter such review pursuant to the procedure established in subdivision\nseven of this section.\n  9. The department shall provide administrative support to the\ncommittee.\n
N.Y. VAT Law § 2400 — New York Code / Act VAT / Title 11 / Article 48-C / Section 2400
Legislative purpose
Status: in_force

§ 2400. Legislative purpose. It is the purpose of this article to\npromote the safe and proper use of ATVs for recreation and commerce in\nthis state, to ensure the safety and well-being of all persons\nconcerning the use of ATVs, to minimize detrimental effects of such use\nupon the environment, and to provide a method whereby municipalities\nshall consider the designation of appropriate public lands for ATV use\nand regulation thereof.\n
N.Y. ENV Law § 54-1101 — New York Code / Act ENV / Article 54 / Title 11 / Section 54-1101
Local waterfront revitalization programs
Status: in_force

§ 54-1101. Local waterfront revitalization programs.\n  1. The secretary is authorized to provide on a competitive basis,\nwithin amounts appropriated, state assistance payments and/or technical\nassistance as defined in section nine hundred seventeen of the executive\nlaw, to municipalities toward the development of any local waterfront\nrevitalization program, pursuant to article forty-two of the executive\nlaw including planning projects to mitigate future physical climate\nrisks and updates to existing local waterfront revitalization program\nplans to mitigate future physical climate risks. Eligible costs include\nplanning, studies, preparation of local laws, and construction projects.\n  2. State assistance payments and/or technical assistance, as defined\nin section nine hundred seventeen of the executive law, shall not exceed\nseventy-five percent of the cost of the program provided, however, in\nenvironmental justice communities, such assistance payments and/or\ntechnical assistance shall not exceed eighty-five percent of the cost of\nthe program. For the purpose of determining the amount of state\nassistance payments, costs shall not be more than the amount set forth\nin the application for state assistance payments approved by the\nsecretary. The state assistance payments shall be paid on audit and\nwarrant of the state comptroller on a certificate of availability of the\ndirector of the budget.\n  3. The secretary shall have the power to approve vouchers for payments\npursuant to an approved contract.\n  4. No moneys shall be expended as authorized by this section except\npursuant to an appropriation therefor.\n  5. The secretary shall impose such contractual requirements and\nconditions upon any municipality which receives state assistance\npayments pursuant to this article as may be necessary and appropriate to\nensure that a public benefit shall accrue from the use of such funds by\nthe municipality including but not limited to, a demonstration that\nfuture physical climate risk due to sea level rise, and/or storm surges\nand/or flooding, based on available data predicting the likelihood of\nfuture extreme weather events, including hazard risk analysis data if\napplicable, has been considered.\n
N.Y. ENV Law § 11-1103 — New York Code / Act ENV / Article 11 / Title 11 / Section 11-1103
Open trapping seasons
Status: in_force

§ 11-1103. Open trapping seasons.\n  1. The department may by regulation permit trapping of beaver, fisher,\notter, bobcat, coyote, fox, raccoon, opossum, weasel, skunk, muskrat,\npine marten and mink, or any of them, in specified areas, and may\nregulate the taking, possession and disposition of such animals.  The\nperiods in which trapping of such animals is so permitted are open\nseasons for the trapping of the species for which the period is fixed,\nin the area or areas for which it is so fixed.\n  2. When an investigation made by the department in the month of March\nof any year reveals that during the current open season for muskrats in\nany county or part thereof in the Southern Zone, reasonable\nopportunities were not afforded to trappers to harvest the muskrat crop\nof such season because of abnormal trapping conditions, the department\nshall have power to extend by regulation the open season in such county\nor part thereof for a period not to exceed twenty days.\n
N.Y. PBA Law § 1340 — New York Code / Act PBA / Article 5 / Title 11-D / Section 1340
Notes and bonds as legal investment
Status: in_force

§ 1340. Notes and bonds as legal investment. The notes and bonds of\nthe authority are hereby made securities in which all public officers\nand bodies of the state and all municipalities and political\nsubdivisions, all insurance companies and associations and other persons\ncarrying on an insurance business, all banks, bankers, trust companies,\nsavings banks and savings associations, including savings and loan\nassociations, building and loan associations, investment companies and\nother persons carrying on a banking business, all administrators,\nguardians, executors, trustees and other fiduciaries, and all other\npersons whatsoever who are now or who may hereafter be authorized to\ninvest in bonds or other obligations of the state, may properly and\nlegally invest funds including capital in their control or belonging to\nthem. Notwithstanding any other provisions of law, the bonds of the\nauthority are also hereby made securities which may be deposited with\nand shall be received by all public officers and bodies of this state\nand all municipalities and political subdivisions for any purpose for\nwhich the deposit of bonds or other obligations of the state is now or\nmay hereafter be authorized.\n
N.Y. PBA Law § 1269-F — New York Code / Act PBA / Article 5 / Title 11 / Section 1269-F
Mission statement and measurement report
Status: in_force

§ 1269-f. Mission statement and measurement report. 1. The authority\nshall submit to the governor, the temporary president of the senate and\nthe speaker of the assembly, on or before October thirty-first, two\nthousand nine, a proposed authority mission statement and proposed\nmeasurements. The proposed mission statement and proposed measurements\nshall have the following components: a brief mission statement\nexpressing the purpose and goals of the authority; a description of the\nstakeholders of the authority and their reasonable expectations from the\nauthority, which stakeholders shall include at a minimum: the residents\nand taxpayers of the area of the state served by the authority, the\npersons that use the services provided by the authority, and the\nemployees of the authority and any employee organization; the goals of\nthe authority in response to the needs of each group of stakeholders;\nand a list of measures by which performance of the authority and the\nachievement of its goals may be evaluated.\n  2. The authority shall thereafter reexamine its mission statement and\nmeasurements on an annual basis, and publish on its website self\nevaluations based on the stated measures.\n