N.Y. PBA Law § 1285-F — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-F
Program for ultimate disposal of hazardous wastes
Status: in_force

§ 1285-f. Program for ultimate disposal of hazardous wastes. 1. The\ncorporation shall immediately begin preparation of a comprehensive\nprogram for the ultimate disposal of hazardous wastes which shall\ninclude, but not be limited to, technology, siting and marketing and\nfinancing of such a program through the use of revenue bonds or other\nmeans. Such program shall be in addition to the study mandated by\nsection twelve hundred eighty-five-d of this article.\n  2. The corporation shall provide to the governor and the legislature a\nmarketing and feasibility study no later than March first, nineteen\nhundred eighty. Such study shall include findings and recommendations as\nto available technology, the desirability of regional disposal sites and\nthe feasibility of generating sufficient revenue to amortize bonds which\nmay be issued in connection with the program. To the extent necessary,\nthe study shall be prepared in consultation with experts in the field of\npublic finance.\n  3. A hazardous waste disposal advisory committee shall be established\nto advise the corporation on a comprehensive program for the ultimate\ndisposal of hazardous waste. Such advice shall be rendered in connection\nwith the study required by subdivision one of this section.\n  (a) The committee shall consist of the commissioners, or their\ndesignees, of the departments of health, environmental conservation,\ncommerce, the director of the division of the budget, or his designee,\nand a maximum of five individuals with recognized expertise in the\nfields of hazardous waste management and technology or public finance.\nThese five individuals shall be appointed by the governor, one of whom\nthe governor shall designate as chairman.\n  (b) Each member of the hazardous waste disposal advisory committee\nshall not receive a salary or other compensation, but shall be entitled\nto reimbursement for actual and necessary expenses incurred in the\nperformance of his or her committee duties.\n
N.Y. PBA Law § 1285-E — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-E
Inactive hazardous waste disposal site remedial programs
Status: in_force

§ 1285-e. Inactive hazardous waste disposal site remedial programs. In\naddition to its existing powers, the corporation is hereby empowered to\ncarry out inactive hazardous waste disposal site remedial programs. The\ncorporation may subcontract for the work included in carrying out such\nprograms.\n
N.Y. PBA Law § 1974-C — New York Code / Act PBA / Article 8 / Title 12 / Section 1974-C
Additional powers of the authority
Status: in_force

§ 1974-c. Additional powers of the authority. 1. It is hereby found\nand declared that the legislature, pursuant to the housing New York\nprogram act, has established a housing New York program under which the\ncity of New York, any agency or instrumentality thereof (other than the\nhousing New York corporation) and the New York city housing development\ncorporation will cause the acquisition, construction, equipping,\nimproving, rehabilitation and renovation of dwelling accommodations\nwithin the city of New York for persons and families for whom the\nordinary operations of private enterprise cannot supply such\naccommodations; that such program is necessary in order to increase the\npresently inadequate supply of dwelling accommodations in such city for\npersons and families of low and moderate income; that such program shall\nrequire a substantial commitment of funds from public sources; and that\nthe need for such moneys necessitates that the authority be granted the\nadditional powers and be made subject to the additional requirements of\nthis section. The legislature therefore finds that the authority,\nsubject to the terms and conditions specified herein, should be given\nthe power to assign certain excess revenues to secure bonds and notes to\nbe issued by the housing New York corporation for use by the city of New\nYork, and any agency or instrumentality thereof (other than the housing\nNew York corporation) or the New York city housing development\ncorporation in the housing New York program; that the assignment of such\nexcess revenues for the financing of residential housing facilities in\naccordance with the housing New York program is a public purpose for\nwhich moneys may be granted; and that the powers and duties of the\nauthority as recited in this section are necessary and proper for\nachieving the ends herein recited.\n  2. In addition to the powers of the authority set forth in section\nnineteen hundred seventy-four of this title, the authority shall have\nthe power:\n  (a) to borrow money by issuing bonds and notes and to issue such bonds\nand notes for the purposes of (i) repaying appropriations from the state\nto the authority in accordance with the provisions of any repayment\nagreements with the state, (ii) furthering the development of the\ninfrastructure of the Battery Park project area, and (iii) refunding any\nbonds and notes of the authority issued pursuant to this section;\n  (b) subject to the provisions of any contract with noteholders and\nbondholders, to (i) pledge any excess revenues or assets (other than\nreal property) of the authority, including, but not limited to such\nexcess revenues as the authority shall deem necessary, to secure any\nbonds or notes issued by the authority pursuant to this section and (ii)\nassign such excess revenues as the authority shall deem necessary to\nsecure any bonds or notes issued or any agreeements entered into by the\nhousing New York corporation pursuant to section six hundred\nfifty-four-c of the private housing finance law or pay any expenses\nrelated thereto for the purpose of financing the acquisition,\nconstruction, equipping, improvement, enlargement, rehabilition and\nrenovation of residential housing facilities in accordance with the\nprovisions of the housing New York program and to enter into any\nagreement or execute any document to accomplish the foregoing;\n  (c) to procure insurance, letters of credit or other credit\nenhancements with respect to its bonds or notes issued pursuant to this\nsection and to pay the premiums and fees therefor;\n  (d) to adopt, amend or rescind rules and regulations appropriate to\ncarry out its corporate purposes and to establish such requirements and\nenter into such agreements to achieve the objectives of this section;\nand\n  (e) to exercise any and all other powers authorized by this title and\nnot inconsistent with the provisions of this section.\n  3. Notwithstanding any contrary provision of law, general, special, or\nlocal, no moneys of the authority, or moneys received from the\nauthority, which are expended pursuant to a chapter of the laws of\nnineteen hundred eighty-six entitled "An Act to enact the housing New\nYork program act for the purpose of establishing a housing New York\nprogram and to amend the public authorities law, in relation to\nauthorizing Battery Park city authority to assign excess revenues to\nsecure bonds to be issued by the housing New York corporation and the\nprivate housing finance law, in relation to creating such corporation\nand authorizing the financing of certain housing accommodations within\nthe city of New York", shall be used by the authority, directly or\nindirectly, for the design, planning, acquisition, financing,\nconstruction or implementation of any landfill or any pilings,\nplatforms, decks or similar structures and in addition, any dredging or\nfilling activities, in the Hudson river between the northern boundary of\nthe Battery Park project area as provided for in subdivision five of\nsection nineteen hundred seventy-two of this title and forty-second\nstreet in the city of New York except to the extent that such activities\nare necessary to maintain the Battery Park project area landfill site,\nnor shall any such moneys authorized to be assigned or pledged by such\nact be assigned or pledged, directly or indirectly, to secure or pay the\ndebt service on any bonds or notes issued or any agreements entered into\nby the housing New York corporation if the proceeds of such bonds or\nnotes are to be used directly or indirectly, or the purpose of such\nagreements is to accomplish directly or indirectly, any of the\nprohibited activities listed in this subdivision.\n  4. No excess revenues may be assigned by the authority to the housing\nNew York corporation to finance residential housing facilities pursuant\nto section six hundred fifty-four-c of the private housing finance law\nunless the authority has entered into an agreement or agreements with\nthe housing New York corporation, which provides, in addition to any\nother terms and conditions, that:\n  (a) such residential housing facilities are to provide dwelling\naccommodations which are to be occupied by persons and families for whom\nthe ordinary operations of private enterprise cannot provide an adequate\nsupply of safe, sanitary and affordable dwelling accommodations;\n  (b) neither the state nor the authority are to have any responsibility\nas to the financing, operation, maintenance, repair or use of such\nresidential housing facilities unless otherwise specifically provided by\nlaw;\n  (c) the housing New York corporation shall use the moneys assigned to\nit by the authority pursuant to this section to secure and pay bonds and\nnotes issued to finance residential housing facilities in accordance\nwith provisions of the housing New York program and shall comply with\nthe terms and conditions of the housing New York program act and this\nsection; and\n  (d) the timing, amount, maturity schedule and all other terms and\nconditions of any issuance of bonds or notes by the housing New York\ncorporation pursuant to section six hundred fifty-four-c of the private\nhousing finance law, will provide for the authority's requirements as to\nthe development, management or operation of the project and the effect\nof such terms and conditions on the availability of excess revenues and\nthe pledge or assignment thereof.\n  5. For the purposes of furthering the development of the\ninfrastructure of the Battery Park project area and repaying\nappropriations from the state to the authority pursuant to this section,\nthe authority may, in addition to the authorization contained in\nsubdivision one of section nineteen hundred seventy-seven-a of this\ntitle, borrow money by issuing bonds or notes in an aggregate principal\namount not exceeding one hundred million dollars plus a principal amount\nof bonds or notes issued (i) to fund any related debt service reserve\nfund, (ii) to provide capitalized interest, and (iii) to provide fees\nand other charges and expenses, including underwriters' discount,\nrelated to the issuance of such bonds or notes and the maintenance of\nsuch reserves, all as determined by the authority, excluding bonds and\nnotes issued to refund outstanding bonds and notes issued pursuant to\nthis section.\n  In computing the total principal amount of bonds and notes that may at\nany time be issued for any purpose under this title, the amount of the\noutstanding bonds or notes that constitutes interest under the United\nStates Internal Revenue Code of nineteen hundred fifty-four, as amended\nto the effective date of this section, shall be excluded.\n  6. The authority may covenant and consent that the interest on any of\nits bonds or notes issued pursuant to subdivision five of this section\nshall be includible, under the United States Internal Revenue Code of\nnineteen hundred fifty-four or any subsequent corresponding internal\nrevenue law of the United States, in the gross income of the holders of\nthe bonds or notes to the same extent and in the same manner that the\ninterest on bills, bonds, notes or other obligations of the United\nStates is includible in the gross income of the holders thereof under\nsaid Internal Revenue Code or any such subsequent law.\n  7. The state of New York does pledge to and agree with the holders of\nany bonds or notes issued by the housing New York corporation under\nsection six hundred fifty-four-c of the private housing finance law,\nthat the state will not limit or alter the rights hereby vested in the\nauthority to fulfill the terms of any agreements made with such\ncorporation to assign any excess revenues, or in any way impair the\nrights and remedies of such corporation thereunder, until the bonds and\nnotes, together with interest thereon, interest on any unpaid\ninstallments of interest, and all costs and expenses in connection with\nany action or proceeding by or on behalf of the bondholders and\nnoteholders are fully met and discharged.\n  8. It is the intention of the legislature that any assignment of\nexcess revenues or portion thereof by the authority pursuant to this\nsection shall be valid and binding from the time when the assignment is\nmade in accordance with its terms; that the excess revenues so assigned\nby the authority shall immediately be subject to the lien of such\nassignment without any physical delivery thereof or further act, and\nthat the lien of any such assignment shall be valid and binding as\nagainst all parties having claims of any kind in tort, contract or\notherwise against the authority irrespective of whether such parties\nhave notice thereof. Neither the resolution or any other instrument by\nwhich an assignment is created need be recorded.\n
N.Y. ENV Law § 27-1205 — New York Code / Act ENV / Article 27 / Title 12 / Section 27-1205
Mitigation of contaminants in drinking water
Status: in_force

§ 27-1205. Mitigation of contaminants in drinking water.\n  1. Whenever the commissioner of health has required a public water\nsystem to take action to reduce exposure to an emerging contaminant or\nemerging contaminants and has determined that the concentration of the\nemerging contaminant constitutes an actual or potential threat to public\nhealth based on the best available scientific information pursuant to\nsection eleven hundred twelve of the public health law, the department\nin conjunction with the department of health, may, pursuant to the Clean\nWater Infrastructure Act of 2017 and within the up to one hundred thirty\nmillion dollars appropriated for such purposes, undertake all reasonable\nand necessary additional mitigation measures in any area of the state in\nwhich contamination is known to be present. The department shall employ\nfeasible measures that can be successfully carried out with available,\nimplementable and cost effective technology. Such area shall include, at\na minimum, all properties served by the public water system, any\nindividual onsite water supply systems impacted by the contamination,\nand any land and any surface or underground water sources impacted by\nthe contamination. Such approved measures shall be protective of public\nhealth and may include but not be limited to the installation of\ntreatment systems or the provision of alternative water supply sources\nto ensure that drinking water meets applicable standards, including\nmaximum contaminant levels, notification levels, maximum residual\ndisinfectant levels, or action levels established by the department of\nhealth.\n  2. If the department or the department of health, as applicable,\ndetermines that a drinking water contamination site poses a significant\nthreat to the public health or environment from a hazardous waste, the\ndepartment shall refer the site to the inactive hazardous waste disposal\nsite remedial program pursuant to title thirteen of this article.\n  3. Whenever the commissioner of health has required a public water\nsystem to take action to reduce exposure to emerging contaminants and\nhas determined that the concentration of the emerging contaminant\nconstitutes an actual or potential threat to public health based on the\nbest available scientific information pursuant to section eleven hundred\ntwelve of the public health law:\n  a. the department shall have the authority to undertake directly in\nconjunction with the department of health, the development and\nimplementation of all necessary and reasonable mitigation and\nremediation measures of drinking water contamination, as approved by the\ndepartment of health, to address emerging contaminants in public water\nsupplies;\n  b. the commissioner may order, after notice and opportunity for a\nhearing, the owner and/or operator of the drinking water contamination\nsite and/or any person responsible for such contamination to undertake\nall reasonable and necessary mitigation and remediation, as approved by\nthe department of health, to ensure that drinking water meets applicable\nstandards, including maximum contaminant levels, notification levels,\nmaximum residual disinfectant levels, or action levels established by\nthe department of health, and employ feasible measures that can be\nsuccessfully carried out with available, implementable and cost\neffective technology, subject to the approval of the department and the\ndepartment of health, at such site, and to implement such program within\nreasonable time limits specified in the order. Provided, however, that\nin the event the commissioner of health shall issue an order pursuant to\nsubdivision three of section one thousand three hundred eighty-nine-b of\nthe public health law, such order of the commissioner of health shall\nsupersede any order issued hereunder.\n  4. The department shall have the authority a. to delegate\nresponsibility for a specific drinking water contamination site to the\nmunicipality in which such site is located and b. to contract with any\nother person to perform necessary work in connection with such sites.\n  5. Section eight of the court of claims act or any other provision of\nlaw to the contrary notwithstanding, the state shall be immune from\nliability and action with respect to any act or omission done in the\ndischarge of the department's aforesaid responsibility pursuant to this\ntitle; provided, however, that this subdivision shall not limit the\nliability which may otherwise exist for unlawful, willful, or malicious\nacts or omissions on the part of the state, state agencies, or their\nofficers, employees or agents; or for the ownership or responsibility\nfor the disposal of such contaminant, including liability for the cost\nof remediation, pursuant to this section.\n  6. Whenever the commissioner of health, after investigation, finds:\n  a. that a public drinking water contamination site represents an\nactual or potential threat to the public health; and\n  b. the threat makes it prejudicial to the public interest to delay\naction until a hearing can be held pursuant to this title, the\ndepartment may, pursuant to paragraph a of subdivision three of this\nsection and within the funds available to the department from the\ndrinking water response program, develop and implement, in conjunction\nwith the department of health, all reasonable and necessary mitigation\nand remedial measures to address drinking water contamination for such\nsite to ensure that drinking water meets applicable standards, including\nmaximum contaminant levels, notification levels, maximum residual\ndisinfectant levels or action levels established by the department of\nhealth. Findings required pursuant to this subdivision shall be in\nwriting and may be made by the commissioner of health on an ex parte\nbasis subject to judicial review.\n  7. Any order issued pursuant to paragraph b of subdivision three of\nthis section shall be issued only after notice and the opportunity for a\nhearing is provided to persons who may be the subject of such order. The\ncommissioner or the commissioner of health shall determine which persons\nare responsible pursuant to said subdivision according to applicable\nprinciples of statutory or common law liability. Such persons shall be\nentitled to raise any defense set forth in section 27-1211 of this title\nor common law defense at any such hearing and such defenses shall have\nthe same force and effect at such hearings as they would have in a court\nof law. In the event a hearing is held, no order shall be issued by the\ncommissioner under subdivision three of this section until a final\ndecision has been rendered. Any such order shall be reviewable pursuant\nto article seventy-eight of the civil practice law and rules within\nthirty days after service of such order. The commissioner or the\ncommissioner of health may request the participation of the attorney\ngeneral in such hearings.\n  8. The commissioner shall make all reasonable efforts, in accordance\nwith the requirements of subdivision six of section ninety-seven-b of\nthe state finance law, to recover all mitigation costs incurred pursuant\nto subdivisions one and three of this section from the owner and/or\noperator of the drinking water contamination site.\n  9. When a municipality develops and implements remediation to address\na drinking water contamination site, determined pursuant to subdivision\nfour of this section, and the plan is approved by the department, in\nconjunction with the department of health, which is owned or has been\noperated by such municipality or when the department, in conjunction\nwith the department of health, pursuant to an agreement with a\nmunicipality, develops and implements such remediation, the commissioner\nshall, in the name of the state, agree in such agreement to provide from\nthe drinking water response program, within the limitations of\nappropriations therefor, seventy-five percent of the eligible design and\nconstruction costs of such program for which such municipality is liable\nsolely because of its ownership and/or operation of such site and which\nare not recovered from or reimbursed or paid by a responsible party or\nthe federal government.\n  10. Nothing contained within this section shall be construed as\nimpairing or in any manner affecting the right or jurisdiction of the\nattorney general to seek appropriate relief pursuant to his or her\nstatutory or common law authority.\n  11. Moneys for actions taken or to be taken by the department, the\ndepartment of health or any other state agency pursuant to this title\nshall be payable directly to such agencies from the drinking water\nresponse program pursuant to section ninety-seven-b of the state finance\nlaw.\n  12. a. Every person shall, upon the written request of the\ncommissioner or a designee, permit a duly designated officer or employee\nof the department at all reasonable times to have access to and to copy\nall books, papers, documents and records pertinent to an ongoing\ninvestigation of drinking water contamination identified in section\n27-1203 of this title.\n  b. The commissioner may sign and issue subpoenas in the name of the\ndepartment requiring the production of books, papers, documents and\nother records and may take testimony by depositions under oath of any\nperson relating to the ongoing investigation of a drinking water\ncontamination identified in this title. Such subpoenas and depositions\nshall be regulated by the state of New York's civil practice law and\nrules. The commissioner may invoke the powers of the supreme court of\nthe state of New York to compel compliance with any such subpoena or any\nrequest to take such depositions.\n  c. When the department has substantial evidence that such drinking\nwater contamination site is causing or substantially contributing to the\ncontamination of drinking water, and subject to the applicable notice\nprovisions set forth in paragraph d of this subdivision, any duly\ndesignated officer or employee of the department, or of any state\nagency, and any agent, consultant, contractor, or other person,\nincluding an employee, agent, consultant, or contractor of a responsible\nperson acting at the direction of the department, so authorized in\nwriting by the commissioner, may enter any drinking water contamination\nsite and areas near such site and inspect and take samples of wastes,\nsoil, air, surface water, and groundwater. In order to take such\nsamples, the department or authorized person may utilize or cause to be\nutilized such sampling methods as it determines to be necessary\nincluding, but not limited to, soil borings and monitoring wells.\n  d. The department or authorized person shall not take any samples\ninvolving the substantial disturbance of the ground surface of any\nproperty unless it has made a reasonable effort to identify the owner of\nthe property and to notify such owner of the intent to take such\nsamples. If the owner can be identified, the department shall provide\nsuch owner with a minimum of ten days' written notice of the intent,\nunless such owners and occupants consent to an earlier date, to take\nsuch samples, unless the commissioner makes a written determination that\nsuch ten day notice will not allow the department to protect the\nenvironment or public health, in which case two days' written notice\nshall be sufficient. Any inspection of the property and each such taking\nof samples shall take place at reasonable times and shall be commenced\nand completed with reasonable promptness. If any officer, employee,\nagent, consultant, contractor, or other person so authorized in writing\nby the commissioner obtains any samples prior to leaving the premises,\nhe or she shall give to the owner or operator a receipt describing the\nsample obtained and, if requested, a portion of such sample equal in\nvolume or weight to the portion retained. If any analysis is made of\nsuch samples, a copy of the results of such analysis shall be furnished\npromptly to the owner or operator. Upon the completion of all sampling\nactivities, the department or authorized person shall remove, or cause\nto be removed, all equipment and well machinery and return the ground\nsurface of the property to its condition prior to such sampling, unless\nthe department or authorized person, and the owner of the property shall\notherwise agree.\n  e. The expense of any such mitigation by the department or the\ndepartment of health shall be paid by the drinking water response\nprogram, but may be recovered from any responsible person in any action\nor proceeding brought pursuant to the state finance law, this title,\nother state or federal statute, or common law if the person so\nauthorized in writing is an employee, agent, consultant, or contractor\nof a responsible person acting at the direction of the department, then\nthe expense of any such sampling and analysis shall be paid by the\nresponsible person.\n  f. Any duly designated officer or employee of the department or any\nother state agency, and any agent, consultant, contractor, or other\nperson acting at the direction of the department, authorized in writing\nby the commissioner, may enter any drinking water contamination site and\nareas near such site to undertake all reasonable and necessary\nmitigation and remediation for such site, provided: (a) the commissioner\nhas sent a written notice to the owners of record or any known occupants\nof such site or nearby areas of the intended entry and work at least ten\ndays prior to such initial entry unless such owners and occupants\nconsent to an earlier date; and (b) the department has substantial\nevidence that such drinking water contamination site is causing or\nsubstantially contributing to the contamination of drinking water. In\nthe event the commissioner of health makes a written determination that\nsuch ten day notice will not be sufficient to protect public health, two\ndays' written notice shall be sufficient.\n
N.Y. PBA Law § 1286 — New York Code / Act PBA / Article 5 / Title 12 / Section 1286
Acquisition and disposition of real property
Status: in_force

§ 1286. Acquisition and disposition of real property.  1. The\ncorporation may acquire, by purchase, gift, grant, transfer, contract or\nlease, or by condemnation pursuant to the condemnation law, any real\nproperty it may deem necessary, convenient or desirable to effectuate\nthe purposes of this title, provided however, that any such condemnation\nproceedings shall be brought only in the supreme court and the\ncompensation to be paid shall be ascertained and determined by the court\nwithout a jury.\n  2. 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  3. Title to all property acquired under this act shall vest in the\ncorporation.\n  4. Notwithstanding the provisions of any general, special or local law\nor charter, any municipality, by resolution of its governing body, is\nhereby empowered without referendum and without the consent of any\nboard, officer or other agency of the state, to sell, lease, lend, grant\nor convey to the corporation, or to permit the corporation to use,\nmaintain or operate as part of a sewage treatment works or solid waste\ndisposal facility, any real or personal property owned by it, including\nall or any part of any such facilities, which may be necessary or useful\nand convenient for the purposes of the corporation and which may be\naccepted by the corporation. Any such sale, lease, loan, grant,\nconveyance or permit may be made with or without consideration and for a\nspecified or an unlimited period of time and under any agreement and on\nany terms and conditions which may be approved by such municipality and\nwhich may be agreed to by the corporation in conformity with its\ncontracts with the holders of its bonds and notes, the corporation may\nenter into and perform any and all agreements with respect to property\nso accepted by it, including agreements for the operation and\nmaintenance of such property as part of a sewage treatment works, or\nsolid waste disposal facility.\n  5. The corporation may, whenever it determines that it is in the\ninterest of the corporation, and subject to any existing agreement,\ndispose of any real property which it determines is not necessary,\nconvenient or desirable for its purposes.\n  6. The corporation may, whenever it shall determine that it is in the\ninterest of the corporation, rent, lease, or grant easements or other\nrights in any land or property of the corporation.\n
N.Y. PBA Law § 1285-L — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-L
State park infrastructure projects
Status: in_force

§ 1285-l. State park infrastructure projects. In order to effectuate\nthe purposes of this title, the corporation shall have the following\nadditional special powers:\n  1. Notwithstanding the provisions of any general or special law to the\ncontrary, the office of parks, recreation and historic preservation or\nthe division of the budget, with the approval of the director of the\nbudget, and the corporation are each hereby authorized to enter into a\ncontract or contracts providing for the financing of the design,\nacquisition, construction, improvement and installation of all or any\nportion of any state park infrastructure project or reimbursement to the\nstate for costs incurred in connection with a state park infrastructure\nproject for and on behalf of the state; and the corporation and the\noffice of parks, recreation and historic preservation or the division of\nthe budget, with the approval of the director of the budget, may enter\ninto a contract, lease, easement, license or other instrument pursuant\nto which the corporation shall make all or any portion of any state park\ninfrastructure project available to such state agency. Any such contract\nor contracts, lease, easement, license or other instrument shall be upon\nsuch terms and conditions as the corporation and the state shall\ndetermine to be reasonable, including, but not limited to, the payment\nof or reimbursement to the corporation for (a) all costs of the\ncorporation in financing all or any portion of any state park\ninfrastructure project, and any claims arising therefrom, (b) all fees\nand other charges of, and all expenses incurred by, the corporation in\nconnection with the issuance and administration of any bonds or notes\nissued by the corporation for such purpose, and (c) amounts sufficient\nto pay all principal, premium, if any, and interest on such bonds or\nnotes. Such payment or reimbursement may be made annually or otherwise,\nmay be in fixed amounts or based on any factors or other matters, or may\nbe made in any other manner, as such contract or contracts, lease,\neasement, license or other instrument shall provide.  Provided, however,\nthat the net proceeds of any such bonds or notes issued shall not exceed\nsixteen million dollars, not including issuance costs, capitalized\ninterest and debt service reserve funds.\n  2. Any such contract or contracts, lease, easement, license or other\ninstrument entered into pursuant to subdivision one of this section\nshall provide that the obligation of the state to fund or to pay the\namounts therein provided for shall not constitute a debt of the state\nwithin the meaning of any constitutional or statutory provision and\nshall be deemed executory only to the extent of moneys available\ntherefor and that no liability shall be incurred by the state beyond the\nmoneys available for such purpose, and that such obligation is subject\nto annual appropriation by the legislature.\n  3. Any such contract or contracts, lease, easement, license or other\ninstrument or any payments made or to be made thereunder may be assigned\nand pledged by the corporation as security for its bonds and notes\nissued for the purpose of financing all or any part of any state park\ninfrastructure project.\n  4. The corporation and the office of parks, recreation and historic\npreservation or the division of the budget, with the approval of the\ndirector of the budget, may enter into any leases, easements, licenses\nor other instruments for the purpose of granting to the corporation any\ninterest in real property which the corporation shall deem necessary for\nthe purpose of financing the design, acquisition, construction,\nimprovement and installation of all or any portion of any state park\ninfrastructure project. The corporation shall hold any such interest in\nreal property in trust for the state, shall make and keep such\nproperties accessible to the public, and shall not sell, lease, exchange\nor donate such properties except to the state.\n  5. The comptroller is hereby authorized to receive from the\ncorporation any portion of special obligation bond proceeds paid to\nprovide funds for or reimburse the state for its costs associated with\nany state park infrastructure project and to credit such amounts to the\ncapital projects fund or any other appropriate fund.\n
N.Y. PBA Law § 1285-J — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-J
Water pollution control revolving fund
Status: in_force

§ 1285-j. Water pollution control revolving fund. 1. (a) The\ncorporation shall undertake and provide assistance in support of the\nprogram to make financial assistance available to municipalities to\nencourage and support the planning, development and construction of\nmunicipal water pollution control projects in accordance with the\nprovisions of this section, section 17-1909 of the environmental\nconservation law, and to make financial assistance available to eligible\nborrowers through linked deposits made in accordance with article\nsixteen of the state finance law.\n  (b) There is hereby established in the custody of the corporation a\nspecial fund to be known as the water pollution control revolving fund.\nMoneys in the water pollution control revolving fund shall be segregated\nfrom all other funds of or in the custody of the corporation subject to\nany rights of holders of corporation bonds or notes issued for the\npurposes of this section. Moneys in the water pollution control\nrevolving fund shall only be used in accordance with the provisions of\nthis section and section 17-1909 of the environmental conservation law.\nThe moneys in such fund shall be applied to or paid out for authorized\npurposes of such fund on the direction of the chairman of the\ncorporation in accordance with subdivision four of this section and\nsection 17-1909 of the environmental conservation law, or such other\nperson as the corporation shall authorize to make such direction. In\nconsultation with the director of the division of the budget, the\ncorporation may, subject to subparagraph (ii) of paragraph a of\nsubdivision seven of section 17-1909 of the environmental conservation\nlaw, and shall, at the direction of the commissioner of environmental\nconservation pursuant to such subdivision, establish within the water\npollution control revolving fund additional accounts or subaccounts and\nspecify any conditions applicable to the transfer of moneys between such\naccounts or subaccounts. With respect to each eligible project, the\ncorporation shall establish and maintain a record of the allocation\nprovided for the benefit of such project in accordance with the terms of\nthe applicable project financing agreement or loan agreement.\n  2. As used in this section, the terms "allocation", "construction",\n"eligible project", "fund", and "project financing agreement" shall have\nthe meanings set forth in section 17-1909 of the environmental\nconservation law.\n  3. Such fund shall consist of all of the following: (a) federal\ncapitalization grants and awards or other federal assistance provided\npursuant to Title II or Title VI of the Federal Water Pollution Control\nAct, exclusive of any such grants, awards or assistance available under\nTitle II, except as may be necessary to avoid the loss to New York state\nof any unobligated Title II money which can not be made available as a\ngrant or grant increase to a municipality, for purposes of deposit in\nthe fund and appropriated by the state for deposit therein, (b) federal\ncapitalization grants and awards or other federal assistance provided\npursuant to, or for the purposes of, the Omnibus Consolidated\nRescissions and Appropriations Act of 1996 (Pub. L. 104-134) or wet\nweather quality grants as provided in the Consolidated Appropriations\nAct of 2001 (Pub. L. 106-554), (c) moneys appropriated by the state\nlegislature for the purpose of such fund or otherwise transferred by the\nstate for deposit therein by the comptroller as required by law, (d)\npayments of principal and interest made by municipalities pursuant to\nloan or other agreements entered into pursuant to subdivisions eight and\nnine of this section: provided, however, if such loans were financed by\nthe issuance of bonds or notes of the corporation, deposit of such\npayments into the fund shall be subject to the rights of the holders of\nsuch bonds or notes to receive such moneys, (e) investment earnings on\namounts in such fund, (f) any other payments received from\nmunicipalities pursuant to a loan or other agreement made pursuant to\nsubdivisions eight and nine of this section for costs of managing and\nadministering the program, (g) the proceeds of bonds or notes issued by\nthe corporation for purposes of providing financial assistance to\nmunicipalities, (h) the balance of any fees or penalties paid pursuant\nto the terms and conditions of a compliance or enforcement agreement for\nviolations of the federal Marine Protection, Research and Sanctuaries\nAct, as amended (33 U.S.C. §§ 1401 et seq.), occurring prior to December\nthirty-first, nineteen hundred ninety-four, after payment has been made\nto the administrator of the United States environmental protection\nagency, a trust account, the ocean dumping alternatives account, and (i)\nthe balance of any amount in a trust account or, if applicable,\nmunicipal trust accounts of the clean oceans fund upon a finding by the\nadministrator of the United States environmental protection agency that\nfees or penalties were not paid into such trust account or municipal\ntrust account as required by the Marine Protection, Research, and\nSanctuaries Act, or an applicable compliance or enforcement agreement.\n  4. Moneys in the water pollution control revolving fund shall be\napplied by the corporation to provide financial assistance to\nmunicipalities for construction of eligible projects and, upon\nconsultation with the director of the division of the budget and the\ncommissioner, for such other purposes permitted by the Federal Water\nPollution Control Act, as amended, and to provide for the administrative\nand management costs of the program. All moneys from federal\ncapitalization grants and awards or other federal assistance made\navailable pursuant to, or for the purposes of, the Omnibus Consolidated\nRescissions and Appropriations Act of 1996 (Pub. L. 104-134) or wet\nweather quality grants as provided in the Consolidated Appropriations\nAct of 2001 (Pub. L. 106-554), which are deposited into the water\npollution control fund pursuant to subdivision three of this section,\nand any corresponding state match moneys, may be used by the corporation\nfor the purposes permitted by the Omnibus Consolidated Rescissions and\nAppropriations Act of 1996 (Pub. L.  104-134) or wet weather quality\ngrants as provided in the Consolidated Appropriations Act of 2001 (Pub.\nL. 106-554), and for no other purposes.  As used in this section\n"financial assistance to municipalities" means any one or more of the\nfollowing:\n  (a) making loans to municipalities for construction of eligible\nprojects, provided such loans (i) are made at market or below market\nrates, (ii) do not have a final maturity of more than twenty years\nfollowing scheduled completion of the eligible project, (iii) have\nprincipal and interest payments which commence not later than one year\nafter scheduled completion of the eligible project, and (iv) require the\nmunicipality to establish a dedicated source of revenue (which may be a\ngeneral obligation of the municipality); unless otherwise determined by\nthe corporation or directed by the commissioner of environmental\nconservation pursuant to subdivision eight of section 17-1909 of the\nenvironmental conservation law, the corporation shall make such loans\nonly from the proceeds of the corporation's bonds or notes issued for\npurposes of this section;\n  (b) buying or refinancing debt obligations of municipalities at market\nor below market rates, if work was commenced and debt was incurred for\nthe eligible project after March seventh, nineteen hundred eighty-five;\n  (c) guarantying, or purchasing insurance or other credit enhancement\nfor municipal obligations where such action would improve credit market\naccess for or reduce interest rates on such municipal obligations;\n  (d) providing a source of revenue or security for payment of principal\nand interest on bonds or notes issued by the corporation if the proceeds\nof the sale of such bonds or notes will be deposited in the fund;\n  (e) providing interest rate subsidy allocations to subsidize loans to\nmunicipalities made from the proceeds of the corporation's bonds or\nnotes;\n  (f) using investment earnings on moneys in the fund to pay, pursuant\nto subdivision seven of this section, the costs of the corporation and\nthe department of environmental conservation of administering and\nmanaging the program described in this section and section 17-1909 of\nthe environmental conservation law.\n  Subject to any applicable provisions of federal or state law, any\nfinancial assistance at an interest rate of zero percent provided to\nmunicipalities that meet the financial hardship criteria regulations\nestablished pursuant to section 17-1909 of the environmental\nconservation law, may have a final maturity up to forty years following\nscheduled completion of the eligible project.\n  5. The corporation may make payments to the sewage treatment program\nmanagement and administration fund in accordance with subdivision seven\nof this section to reimburse such fund for expenditures made pursuant to\nappropriation to pay the cost of the corporation and the department of\nenvironmental conservation for administering and managing the water\npollution control revolving fund program established in section\nninety-seven-l of the state finance law, for such costs. Such\nreimbursement shall be made from (a) available investment earnings on\nall amounts in the water pollution control revolving fund excluding all\namounts in the fund which are the subject of allocations or other\nfinancial assistance to a municipality; and (b) payments received from a\nmunicipality for such purpose pursuant to a project financing agreement\nor loan agreement; and (c) if the sources of revenue described in this\nparagraph and paragraphs (a) and (b) of this subdivision are or are\nanticipated to be insufficient, then from the proceeds of federal\ncapitalization grants, awards or assistance appropriated to the fund for\nadministration and management of such program.\n  Notwithstanding the foregoing, if the sources of revenues described in\nparagraphs (a), (b) and (c) of this subdivision are at any time\ninsufficient to make a reimbursement to the state pursuant to this\nsubdivision when due, the corporation shall make such reimbursement from\nany other available amounts in the water pollution control revolving\nfund, excluding all amounts that are the subject of allocations,\nprovided, that the amounts paid from fund sources other than those\ndescribed in paragraphs (a), (b) and (c) of this subdivision shall be\nreimbursed upon a determination by the director of the budget that\nfuture revenues obtained from sources described in paragraphs (a), (b)\nand (c) of this subdivision are in excess of the amounts reasonably\nneeded to make future reimbursements pursuant to this subdivision.\n  * 6. Moneys in the water pollution control revolving fund may be\ninvested as provided in subdivision four of section twelve hundred\neighty-four of this title and may be further invested (a) in investment\nagreements continuously secured by obligations with any insurance or\nreinsurance company or corporate affiliate thereof rated by a nationally\nrecognized rating agency in one of its two highest categories, any bank,\ntrust company or broker or dealer, as defined by the securities exchange\nact of 1934, which is a dealer in government bonds, which reports to,\ntrades with and is recognized as a primary dealer by a federal reserve\nbank and is a member of the securities investors protection corporation,\nif, (i) such obligations securing such investment agreements are\nobligations as set forth in section ten of the general municipal law,\n(ii) such obligations are delivered to a trustee for the benefit of the\ncorporation or, with respect to moneys pledged under an indenture of\ntrust relating to bonds or notes of the corporation, to the trustee\nunder such indenture, or are supported by a safe keeping receipt issued\nby a depository satisfactory to the corporation as applicable, provided\nthat such investment agreements must provide that the value of the\nunderlying obligations shall be maintained at a current market value,\ncalculated no less frequently than monthly, of not less than the amount\ndeposited thereunder, (iii) a prior perfected security interest in the\nobligations which are securing such agreement has been granted to the\ncorporation, as applicable, and (iv) such obligations are free and clear\nof adverse third party claims, or (b) in obligations as set forth in\nsection ten of the general municipal law that are rated by a nationally\nrecognized rating agency in one of its two highest rating categories.\n  * NB Effective until September 30, 2026\n  * 6. Moneys in the water pollution control revolving fund may be\ninvested as provided in subdivision four of section twelve hundred\neighty-four of this title and may be further invested (a) in investment\nagreements continuously secured by obligations with any insurance or\nreinsurance company or corporate affiliate thereof rated by a nationally\nrecognized rating agency in one of its two highest categories, any bank,\ntrust company or broker or dealer, as defined by the securities exchange\nact of 1934, which is a dealer in government bonds, which reports to,\ntrades with and is recognized as a primary dealer by a federal reserve\nbank and is a member of the securities investors protection corporation,\nif, (i) such obligations securing such investment agreements are\nobligations as set forth in section ten of the general municipal law,\n(ii) such obligations are delivered to a trustee for the benefit of the\ncorporation or, with respect to moneys pledged under an indenture of\ntrust relating to bonds or notes of the corporation, to the trustee\nunder such indenture, or are supported by a safe keeping receipt issued\nby a depository satisfactory to the corporation as applicable, provided\nthat such investment agreements must provide that the value of the\nunderlying obligations shall be maintained at a current market value,\ncalculated no less frequently than monthly, of not less than the amount\ndeposited thereunder, (iii) a prior perfected security interest in the\nobligations which are securing such agreement has been granted to the\ncorporation, as applicable, and (iv) such obligations are free and clear\nof adverse third party claims, or (b) in obligations the interest on\nwhich is excludable from gross income under section one hundred three of\nthe internal revenue code, provided that such obligations are rated by a\nnationally recognized rating agency in one of its two highest rating\ncategories.\n  * NB Effective September 30, 2026\n  7. The corporation may transfer to the sewage treatment program\nmanagement and administration fund established pursuant to section\nninety-seven-l of the state finance law no less frequently than\nsemi-monthly amounts from the fund sufficient to reimburse the sewage\ntreatment program management and administration fund in accordance with\nthe provisions of subdivision five of this section.\n  8. In addition to the powers of the corporation granted elsewhere in\nthis chapter, the corporation shall have the power to enter into project\nfinancing agreements authorized by section 17-1909 of the environmental\nconservation law. Notwithstanding the powers granted to the corporation\nelsewhere in this title, the corporation's power to finance eligible\nprojects from the fund is limited to eligible projects for which project\nfinancing agreements have been executed pursuant to section 17-1909 of\nthe environmental conservation law.\n  9. In addition to the powers granted to the corporation elsewhere in\nthis chapter, the corporation may make loans to municipalities for\npurposes of financing eligible projects for which the fund may be used,\nsubject to the limitations of subdivision eight of this section, may\naccept the obligations of any municipality as security for the repayment\nof a loan to such municipality, and may assign and pledge such municipal\nobligations and loan agreements for the benefit of the holder of\nobligations of the corporation from the proceeds of which such loans are\nmade. Loan proceeds may be disbursed to a municipality in accordance\nwith such restrictions as may be imposed by the corporation in\nconnection with such loan or obligations of the corporation from the\nproceeds of which such loan is made.\n  10. The corporation is authorized to arrange for any audits required\nby law for the purpose of issuing its bonds or notes to provide\nfinancial assistance to municipalities, and provide for the\nimplementation of any independently conducted reviews or audits arranged\npursuant to subdivision seven of section 17-1909 of the environmental\nconservation law.\n  11. In the event a municipality shall fail to make any payment due the\ncorporation pursuant to any loan agreement, financing agreement, or\nother obligation of the municipality sold to the corporation or issued\nas security for the undertaking of the municipality thereunder, the\ncorporation shall certify to the comptroller, and notify the chairman of\nthe senate finance committee, the chairman of the assembly ways and\nmeans committee, the director of the division of the budget and the\ngoverning body of the municipality that such municipality has failed to\nmake such payment. Such certificate shall be in such form as may be\ndetermined by the corporation provided such certificate shall specify\nthe exact amount of debt service and surcharge, if applicable, required\nto satisfy such municipality's unpaid obligation. The comptroller, upon\nreceipt of such certificate from the corporation, is authorized to and\nshall, to the extent not otherwise prohibited by law and subject to any\nother provision of law providing for withholding of payments to the\nmunicipality which take precedence over this subdivision, withhold from\nsuch municipality the next succeeding payments of state aid or local\nassistance otherwise payable to it to the extent necessary to meet the\ncertified amount of debt service and surcharge, if applicable, due the\ncorporation and shall immediately pay over to the corporation as a debt\nservice payment on behalf of such municipality the amount so withheld.\n  12. (a) Notwithstanding the provisions of any general or special law\nto the contrary, the commissioner of environmental conservation on\nbehalf of the state and the corporation, subject to the approval of the\ndirector of the budget, are each hereby authorized to enter into a state\nrevolving fund service contract or contracts providing for the\nadministration of the water pollution control revolving fund and the\nfinancing by the corporation of the contributions made by the state to\nthe water pollution control revolving fund. Any such contract or\ncontracts shall be upon such terms and conditions as the corporation and\nthe commissioner of environmental conservation shall determine to be\nreasonable, including, but not limited to, provisions relating to the\nrespective obligations of the state and the corporation with respect to\nthe administration of the water pollution control revolving fund and\nprovisions providing for the payment of (i) all fees and other charges\nof, and expenses incurred by, the corporation in connection with the\nissuance and administration of special obligation bonds to provide funds\nto the state or reimburse the state for contributions to the water\npollution control revolving fund and (ii) all debt service payments on\nsuch bonds.\n  (b) Any such contract entered into pursuant to paragraph (a) of this\nsubdivision shall provide that the obligation of the state to fund or to\npay the amounts therein provided for shall not constitute a debt of the\nstate within the meaning of any constitutional or statutory provision\nand shall be deemed executory only to the extent of moneys available\ntherefore and that no liability shall be incurred by the state beyond\nthe moneys available for such purpose, and that such obligation is\nsubject to annual appropriation by the legislature.\n  (c) Any such contract or any payments made or to be made thereunder\nmay be assigned and pledged by the corporation as security for its bonds\nand notes issued for the purpose of financing the state contribution to\nthe water pollution control revolving fund.\n  (d) The comptroller is hereby authorized to receive from the\ncorporation any portion of special obligation bond proceeds paid to\nprovide funds to or reimburse the state for its contribution to the\nwater pollution control revolving fund and to credit such amounts to the\ncapital projects fund or any other appropriate fund.\n  13. In addition to the powers granted to the corporation in this\nsection, the corporation is authorized to exercise the powers, perform\nthe responsibilities and take the actions assigned to it under section\n17-1909 of the environmental conservation law.\n
N.Y. PBA Law § 1285 — New York Code / Act PBA / Article 5 / Title 12 / Section 1285
Special powers of the corporation
Status: in_force

§ 1285. Special powers of the corporation. In order to effectuate the\npurposes of this title, the corporation shall have the following special\npowers:\n  1. Construction, operation and maintenance of sewage treatment works,\nsewage collecting systems and solid waste disposal facilities on behalf\nof a municipality. (a) The corporation and any municipality having power\nto construct sewage treatment works, sewage collecting systems or solid\nwaste disposal facilities by resolution of its governing body may enter\ninto a contract for the construction of sewage treatment works, sewage\ncollecting systems or solid waste disposal facilities by the corporation\nfor such municipality upon such terms and conditions as the corporation\nshall determine to be reasonable, including but not limited to the\nreimbursement of all costs of such construction and claims arising\ntherefrom.\n  (b) The corporation and any municipality having power to operate and\nmaintain sewage treatment works or solid waste disposal facilities by\nresolution of its governing body may enter into a contract for the\noperation and maintenance of sewage treatment works or solid waste\ndisposal facilities by the corporation for such municipality upon such\nterms and conditions as the corporation shall determine to be\nreasonable, including but not limited to the reimbursement of all costs\nof such operation and maintenance and claims arising therefrom.\n  (c) No such contract shall be deemed to be a contract for public work\nor purchase within the meaning of the general municipal law.\n  (d) The corporation and any state agency having the power may enter\ninto a contract for the planning, construction, operation and\nmaintenance of sewage treatment works, sewage collecting systems, solid\nwaste disposal facilities, and for the removal, disposal and remediation\nof petroleum storage tanks and the remediation of the sites thereof, as\nthe case may be, for and on behalf of such state agency; the corporation\nand any such state agency may enter into a contract pursuant to which\nthe corporation may provide for the collection, conveyance, treatment\nand disposal of sewage, storage, separating, treatment, recycling,\nreconstituting, compacting, composting, shredding, converting,\nutilization, processing, pyrolization or final disposal of solid waste\nby means of sewage collecting systems, sewage treatment works, or solid\nwaste disposal facilities, as the case may be, owned, constructed,\noperated and maintained by the corporation. Any such contract entered\ninto by any such state agency and the corporation for the purposes of\nremoval, disposal and remediation of petroleum storage tanks and the\nremediation of the sites thereof, may provide for ownership,\nconstruction, operation and maintenance of such projects by the\ncorporation or by any such state agency and any such contract shall be\nsubject to the approval of the director of the budget. Any such contract\nor contracts shall be upon such terms and conditions as the corporation\nand such state agency shall determine to be reasonable, including but\nnot limited to the reimbursement of all costs of planning, financing,\nconstruction and operation and maintenance, and any claims arising\ntherefrom. No such contract shall be deemed to be a contract for public\nwork or purchase within the meaning of the state finance law.\n  2. Loans to municipalities and certain state agencies. The corporation\nmay make loans to any municipality, or any state agency authorized to\nissue bonds or notes not constituting a debt or liability within the\nmeaning of section eleven of article seven of the state constitution,\nfor the construction of any sewage treatment works, sewage collecting\nsystem or solid waste disposal facility. Any loan by the corporation to\nany such state agency shall be subject to the approval of the director\nof the budget. The corporation may accept as evidence of the\nindebtedness of any such municipality or any state agency authorized to\nissue bonds or notes not constituting a debt or liability of the state\nwithin the meaning of section eleven of article seven of the state\nconstitution, only the municipal bonds or notes of such municipality or\nbonds or notes of such state agency. Any such loan shall be in an amount\nor amounts not to exceed the cost of construction of any such sewage\ntreatment works, sewage collecting system or solid waste disposal\nfacility required to be financed by the municipality or such state\nagency. In connection with the making of any such loans, the corporation\nmay fix and collect such fees and charges, including but not limited to\nreimbursement of all costs of financing by the corporation, as the\ncorporation shall determine to be reasonable.\n  3. Construction, operation and maintenance of sewage collecting\nsystems, sewage treatment works and solid waste disposal facilities. (a)\nThe corporation and a municipality having power to construct, operate\nand maintain sewage treatment works, sewage collecting systems or solid\nwaste disposal facilities, by resolution of its governing body may enter\ninto a contract pursuant to which the corporation may provide for the\ncollection, conveyance, treatment and disposal of sewage or the storage,\nseparating, treatment, recycling, reconstituting, compacting,\ncomposting, shredding, converting, utilizing, processing, pyrolization\nor final disposal of solid wastes by means of sewage treatment works or\nsolid waste disposal facilities, as the case may be, owned and\nconstructed by the corporation and operated and maintained by the\ncorporation or, for and on behalf of the corporation, by such\nmunicipality or by any person, as may be approved by the corporation and\nsuch municipality, and by means of sewage collecting systems owned and\nconstructed by the corporation for and on behalf of such municipality\npursuant to a contract whereby title to such sewage collecting systems\nshall vest in such municipality in accordance with the provisions of\nparagraph (c) of this subdivision, and operated and maintained by such\nmunicipality upon such terms and conditions as the corporation shall\ndetermine to be reasonable. Such contract or contracts shall, except in\nthe case of a sewer corporation now existing in a city, contain\nprovisions in accordance with the requirements of paragraph (b) or (c)\nof this subdivision, and, in addition thereto and consistent therewith,\nmay provide for the payment to the corporation by such municipality,\nannually or otherwise, of such sum or sums of money, computed at fixed\namounts or by a formula based on any factors or other matters or in any\nother manner, as said contract or contracts may provide, and the sum or\nsums so payable may include provision for all or any part or a share of\nthe amounts necessary (i) to pay or provide for the expense of operation\nand maintenance of any such project including, without limitation,\ninsurance, extensions, betterments and replacements and the principal of\nand interest on any bonds or notes of the corporation, and (ii) to\nprovide for any deficits resulting from failure to secure sums payable\nto the corporation by such municipality, any other municipality or from\nany other cause, and (iii) to maintain such reserves or sinking funds\nfor any of the foregoing as may be required by the terms of any contract\nof the corporation or as may be deemed necessary or desirable by the\ncorporation. Such contract or contracts may also contain provisions as\nto the financing and payment of expenses to be incurred by the\ncorporation and determined by it to be necessary for its purposes prior\nto the placing in operation of any such project, and may provide for the\npayment by such municipality to the corporation for application to such\nexpenses or indebtedness therefor such sum or sums of money, not in the\naggregate exceeding an amount stated or otherwise limited in said\ncontract or contracts, plus interest thereon, as said contract or\ncontracts may provide and as the governing body of said municipality\nshall, by virtue of its authorization of and entry into said contract or\ncontracts, determine to be necessary for the purposes of the\ncorporation. Except as otherwise provided in this subdivision, any such\ncontract may be made with or without consideration and for a specified\nor an unlimited time and on any terms and conditions which may be\napproved by such municipality and which may be agreed to by the\ncorporation in conformity with its contracts with the holders of any of\nits bonds or notes, and shall be valid whether or not an appropriation\nwith respect thereto is made by such municipality prior to authorization\nor execution thereof. The corporation may sell, transfer or dispose of,\nin any manner it deems desirable any materials, substances or sources or\nforms of energy derived from any corporate activity, including but not\nlimited to sludge, raw materials, by-products; heat, oil, steam or\nelectric energy in accordance with any contract pursuant to this\nparagraph or pursuant to paragraphs (b) and (d) of subdivision one of\nsection twelve hundred eighty-five of this title. Such municipality is\nhereby authorized to do and perform any and all acts or things\nnecessary, convenient or desirable to carry out and perform every such\ncontract and to provide for the payment or discharge of any obligation\nthereunder in the same manner as other obligations of such municipality.\nSubject to any such contracts with the holders of its bonds or notes,\nthe corporation is hereby authorized to do and perform any and all acts\nor things necessary, convenient or desirable to carry out and perform\nevery such contract and, in accordance with any such contract to waive,\nmodify, suspend or reduce charges which would otherwise be charged and\ncollected by the corporation within the municipality.\n  A municipality shall not be liable for any act or omission of the\ncorporation, its officers, agents, servants or contractors in the\nperformance of any such contract by the corporation.\n  (b) Except as provided in paragraph (c) of this subdivision, any\ncontract entered into by the corporation and any municipality, other\nthan a sewer corporation now existing in a city, pursuant to this\nsubdivision shall provide that the municipality shall not acquire any\nvested rights in any such works or facility by reason of such contract,\nand, in the case of a county, city, or village, that all or any portion\nof the annual payments, as the case may be, made by such municipality,\nshall be deemed to be current operating expenses of such municipality\nwithin the meaning of section ten of article eight of the state\nconstitution where all or any portion of such payments are or may be\nrequired to be raised by tax on real estate in any fiscal year of such\nmunicipality.\n  (c) Any contract entered into by the corporation and any municipality\npursuant to this subdivision may provide that at the termination thereof\nthe title to the works or facility shall vest in the municipality or its\nsuccessor in interest, if any, free and clear of any indebtedness\ncontracted by the corporation. Any such contract entered into by the\ncorporation and any municipality which provides that title shall so vest\nin the municipality or its successor in interest, other than a sewer\nauthority now existing in a city, shall be subject to the following\nprovisions:\n  (1) The term of any such contract shall not exceed the period of\nprobable usefulness of the works or facility as provided in section\n11.00 of the local finance law, computed from the date of the first\nindebtedness contracted by the corporation for such works or facility.\n  (2) The annual payments to be made by the municipality to the\ncorporation to enable the corporation to pay the principal of any such\nindebtedness contracted by it to finance the cost of such works or\nfacility shall commence within two years after any such indebtedness or\nportion thereof shall have been contracted and no such annual payment\nshall be more than fifty percentum in excess of the smallest prior\nannual payment for such purpose.\n  (3) The municipality shall pledge its full faith and credit for the\npayment of such annual payments described in subparagraph two of this\nparagraph (c) and also for the payments required to be made to the\ncorporation to enable it to pay the interest on any such indebtedness.\n  (4) The total amount of any unpaid annual payments in relation to the\nprincipal of any such indebtedness shall be deemed to be indebtedness of\nthe county, city, town or village for a capital improvement within the\nmeaning of subparagraph (b) of subdivision three of paragraph a of\nsection 135.00 of the local finance law or indebtedness contracted by a\ndistrict corporation pursuant to subdivision seven of paragraph a of\nsuch section 135.00, as the case may be.\n  (5) The total amount of any unpaid annual payments in relation to the\nconstruction or reconstruction of facilities for the conveyance,\ntreatment and disposal of sewage shall be deemed to be indebtedness of\nthe county, city, town or village within the meaning of subdivision\nfour-a of section 136.00 of the local finance law.\n  (6) The annual payments by a county, city or village in relation to\nsuch indebtedness and interest shall be deemed to be "indebtedness" and\n"interest" within the meaning of section ten of article eight of the\nstate constitution.\n  (7) The contract shall not be renegotiated, or amended, in such manner\nas to constitute a refunding within the meaning of section two of\narticle eight of the state constitution.\n  (8) The contract shall not be applicable to any works or facility\nconstructed or reconstructed to effectuate the purposes of article\neighteen of the state constitution.\n  (9) The municipality shall not be liable for a default on the\nobligations of the corporation. If the expenditure of money, or the\nissuance of obligations, for a project would be subject to the adoption\nof a proposition pursuant to paragraph b of section 38.00 of the local\nfinance law, a contract between a district corporation and the\ncorporation pursuant to the provisions of this paragraph (c) shall be\nsubject to approval at an election or meeting in the same manner as\nprovided in such section 38.00.\n  In the case of a district corporation subject to the provisions of\nsection 102.00 of the local finance law, the annual payments to be made\nto the corporation to enable it to pay the principal of any indebtedness\ncontracted by it to finance the cost of the project shall be deemed to\nbe indebtedness within the meaning of such section and section 120.00 of\nsuch law and any contract entered into between the district corporation\nand the corporation pursuant to the provisions of this paragraph (c)\nshall be subject to the consent of the city, town or village affected as\nprovided in such section 102.00.\n  A contract pursuant to the provisions of this paragraph (c) shall be\ndeemed to be an issuance of bonds, bond anticipation notes or capital\nnotes for the purposes of subdivisions three, four, five, and seven of\nsection 104.10 of the local finance law insofar as the contract shall\nprovide for annual payments to the corporation to enable it to pay the\nprincipal of indebtedness contracted by it to finance the cost of any\nproject.\n  (d) Where a county, city, town or village is prevented from utilizing\nthe provisions of this subdivision, by the provision of any general or\nspecial law, county, city or village charter which (i) requires that any\nproject must be constructed, operated and maintained by the\nmunicipality, (ii) limits the period of time for which a municipality\nmay contract, (iii) requires that the cost shall be paid for by taxes\nlevied for the fiscal year in which the expenditure is to be made, (iv)\nrequires that the cost shall be financed pursuant to the local finance\nlaw or (v) only permits any such project to be constructed subject to\neither mandatory or permissive referendum, such county, city, town or\nvillage may adopt a local law superseding the provisions of any such\ngeneral or special law, county, city or village charter. Any such local\nlaw shall be subject to mandatory referendum, or referendum on petition\nin the manner provided in sections twenty-three or twenty-four, as the\ncase may be, of the municipal home rule law, if the issuance, or the\nresolution authorizing the issuance, of serial bonds having a maturity\nof more than ten years to finance any such project would be required,\nunder or pursuant to the provisions of sections 33.10, 34.00, 35.00 or\n36.00 of the local finance law or any other law, to be subject to\nmandatory or permissive referendum.\n  4. The corporation is empowered to lease or rent a project constructed\nand owned by the corporation pursuant to any contract with a\nmunicipality or state agency as herein provided for, to any person, as\nmay be approved by the municipality or state agency. The corporation may\nmake available the use or services of any such project, with the\napproval of such municipality or state agency, to one or more persons,\nor any combination thereof, upon such terms and conditions as the\ncorporation may determine reasonable.\n  5. When requested by the governing body of a municipality, or when\nrequested by a person or state agency, the corporation may advise such\nmunicipality, person or state agency on matters relating to the\nplanning, construction, operation and maintenance of sewage treatment\nworks, sewage collecting systems, solid waste disposal facilities, and\nany other projects which the corporation is authorized to construct\npursuant to any provisions of this title, on matters relating to the\nidentification, collection, handling, separation and disposal of waste,\nand on matters relating to the prevention and control of air emissions\nand water discharges subject to regulation pursuant to the environmental\nconservation law, and pursuant to a contract with a municipality, person\nor state agency, may render technical assistance and may undertake\nresearch, planning and testing with respect to any such matter, and the\ncorporation may make a reasonable charge to such municipality, person or\nstate agency for the performance of any such functions authorized by\nthis subdivision.\n  6. In selecting a location for any projects constructed pursuant to\nsubdivision one or subdivision three of this section, the corporation\nshall take into consideration the character of the area of any proposed\nlocation and the zoning regulations, if any, applicable to such area.\n  7. When requested by the governing body of a municipality or by a\nstate agency, any contract pursuant to either subdivision one or\nsubdivision three of this section, except a contract pursuant to which\nthe municipality shall not acquire a vested interest in the project, may\nprovide as part of a project and upon the site of such project, for the\nconstruction and financing, pursuant to the provisions of this title, by\nthe authority of such other facilities, betterments, improvements and\nappurtenances for which such municipality or state agency has the power\nto provide. Such construction and financing shall be permitted when\nnecessary to develop or restore such site to a beneficial municipal or\npublic use, and in accordance with the plans or design of the project\nprepared and approved by such municipality or state agency, or as may be\nprepared by the corporation on behalf of such municipality or state\nagency.\n  8. The corporation is empowered to enter into one or more contracts\nwith any person designated by the corporation to be a responsible agent\nfor the planning, design, construction and operation of one or more\nsolid waste processing pilot projects. The corporation shall require\nsuch person to supply it with such plans, estimates of costs, time\nschedules, designs, and other data as the corporation shall determine to\nbe reasonable to enable proper identification of costs. Such pilot\nprojects are to determine which methods of recycling solid wastes,\nincluding, but not limited to shredding, compression, high-temperature\nincineration, pyrolization, separation or any other new technology for\nresource recovery in solid waste management are most feasible for\nlarge-scale implementation by the corporation and by municipalities in\nthis state, having due regard for the resources to be recovered, net\ncosts, amount of land required, and environmental considerations. The\ncorporation shall issue annual reports as to the results of these\nprojects, containing recommendations not inconsistent with those\nfindings, and shall make copies of the report, findings and supporting\ndata available to any municipality in this state. For this purpose the\ncorporation is authorized to apply to the United States Public Health\nService, Environmental Protection Agency, United States Department of\nAgriculture, or any other appropriate authority for grants of such\nfederal funds as may be available toward the financing of or contracting\nfor such projects.\n  The corporation shall transmit a copy of its report to the\ncommissioner of environmental conservation, who shall hold public\nhearings on its recommendations, pursuant to section 3-0301 of the\nenvironmental conservation law, at which hearings testimony shall be\ntaken from all interested parties. Following the termination of said\nhearings, the department of environmental conservation may make\nadditional findings, if any, and shall have the power to promulgate\nrules and regulations and/or propose legislation, consistent with its\nfindings, to implement the report.\n
N.Y. PBA Law § 1971 — New York Code / Act PBA / Article 8 / Title 12 / Section 1971
Statement of legislative findings and purposes
Status: in_force

§ 1971. Statement of legislative findings and purposes. It is hereby\nfound and declared that there exists on the lower West side of the\ncounty of New York, North of Battery Park and on and adjacent to the\nHudson River, a blighted area, defined in this title as the Battery Park\nproject area, marked by substandard, insanitary, deteriorated and\ndeteriorating conditions, in which area there exists obsolete and\ndilapidated buildings and structures, including piers, of defective\nconstruction and outmoded design, lacking proper sanitary facilities and\nadequate fire and safety protection, and with insufficient light and\nventilation and inadequate maintenance; buildings or structures\nabandoned or not utilized in whole or in part; obsolete systems of\nutilities; poorly or improperly designed street patterns and\nintersections with inadequate access to areas; traffic congestion; and\nobsolete street widths, sizes and shapes, all of which hamper and impede\nthe proper and economic development of such area and of the city of New\nYork and of the state as a whole.\n  It is further found and declared that such area is no longer suitable\nor useful for piers or for facilities appurtenant to the loading and\nunloading of commercial cargo, and that retaining piers in such area\ncreates a blighting effect on such area and on surrounding areas and is\ndetrimental to the development of such area and to the growth and\nprosperity of the county and city of New York and of the state as a\nwhole.\n  It is hereby declared that the improvement of such area, the\nelimination of pier facilities and of the present structures therein,\nand the replanning, reconstruction and redevelopment of such area\nincluding the filling of the Hudson River at such area up to the present\npierhead line, the preparation of the resulting land for development,\nand the creation in such area, in cooperation with the city of New York\nand the private sector, of a mixed commercial and residential community,\nwith adequate utilities systems and civic and public facilities such as\nschools, open public spaces, recreational and cultural facilities, is\nnecessary for the prosperity and welfare of the people of the city of\nNew York and of the state as a whole, and is a public use and public\npurpose for which tax exemptions may be granted, and that the powers and\nduties of battery park city authority as hereinafter recited are\nnecessary and proper for the purpose of achieving such ends.\n  It is hereby further found and declared that there continues to exist\nthroughout the city of New York a seriously inadequate supply of safe\nand sanitary dwelling accommodations for persons and families of low\nincome. This condition is contrary to the public interest and threatens\nthe health, safety, welfare, comfort and security of the people of the\nstate. The ordinary operations of private enterprise cannot provide an\nadequate supply of safe and sanitary dwelling accommodations at rentals\nwhich persons and families of low income can afford. In order to\nencourage the investment of private capital and provide such dwelling\naccommodations, provision should be made for mortgage loans at low\ninterest rates to housing companies which, subject to regulations as to\nrents, profits, dividends and disposition of their property, supply such\ndwelling accommodations and other facilities incidental or appurtenant\nthereto to such persons and families.\n  Therefore, it is hereby found and declared that Battery Park city\nauthority, through the issuance of bonds and notes to the private\ninvesting public, by encouraging maximum participation by the private\nsector of the economy, including the sale or lease of the authority's\ninterest in projects at the earliest time deemed feasible, and through\nparticipation in programs undertaken by the state, its agencies and\nsubdivisions, and by the federal government, may provide or obtain the\ncapital resources necessary to provide dwelling accommodations for\npersons and families of low income, and facilities incidental or\nappurtenant thereto, and, where necessary, to carry out the clearance,\nreplanning, reconstruction and rehabilitation of such substandard and\ninsanitary areas.\n  It is hereby further found and declared that the acquisition and\nconstruction of adequate, safe and sanitary dwelling accommodations for\npersons and families of low income and such facilities as may be\nincidental or appurtenant thereto, are public uses and public purposes\nfor which public money may be loaned and private property may be\nacquired and tax exemptions granted, and that the powers and duties of\nbattery park city authority or its subsidiaries as hereinafter recited\nare necessary and proper for the purpose of achieving the ends here\nrecited.\n
N.Y. LFN Law § 163.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 163.00
Record of obligations
Status: in_force

§ 163.00 Record of obligations.  a. The chief fiscal officer in\ncounties and cities, the clerk in towns and villages, the clerk or\nsecretary or such other officer as the finance board shall designate in\nschool districts and district corporations, shall keep a complete record\nof each issue of bonds and notes, which shall include:\n  1. The type thereof.\n  2. The amount thereof.\n  3. The number of obligations in the issue.\n  4. The rate of interest thereon.\n  5. The date of issue thereof.\n  6. The date of maturity of each obligation in the issue.\n  7. The date of adoption of the resolution or resolutions, if any,\npursuant to which the obligations are issued.\n
N.Y. ENV Law § 33-1205 — New York Code / Act ENV / Article 33 / Title 12 / Section 33-1205
Recordkeeping and reporting
Status: in_force

§ 33-1205. Recordkeeping and reporting.\n  1. All commercial applicators shall maintain pesticide use records for\neach pesticide application containing the following:\n  a. EPA registration number;\n  b. product name;\n  c. quantity of each pesticide used;\n  d. date applied;\n  e. location of application by address (including five-digit zip code).\n  Such records shall be maintained for a period of not less than three\nyears. All commercial applicators shall file, at least annually, a\nreport or reports containing such information with the department in an\nelectronic format developed or accepted by the department consistent\nwith system file specifications or on scannable forms, if developed by\nthe department, on or before February first for the prior calendar year.\nAll commercial applicators shall also maintain corresponding records of\nthe dosage rates, methods of application and target organisms for each\npesticide application. These records shall be maintained on an annual\nbasis and retained for a period of not less than three years and shall\nbe available for inspection upon request by the department.\n  2. a. Every person who sells or offers for sale restricted use\npesticides to private applicators shall issue a record to the private\napplicator of each sale of a restricted use pesticide or a general use\npesticide used in agricultural crop production to such applicator. Such\nrecord of each sale shall include the following:\n  1. EPA registration number;\n  2. product name of the pesticide purchased;\n  3. quantity of the pesticide purchased;\n  4. date purchased;\n  5. location of intended application by address (including five-digit\nzip code) or if address is unavailable by town or city (including\nfive-digit zip code) if the location of intended application differs\nfrom the billing address that appears on the record.\n  Every person who sells or offers for sale restricted use pesticides to\nprivate applicators shall file, at least annually, a report or reports\ncontaining such information with the department in an electronic format\ndeveloped or accepted by the department consistent with system file\nspecifications or on scannable forms, if developed by the department, on\nor before February first for the prior calendar year. The department\nshall not use the reports filed pursuant to this paragraph for\nenforcement purposes.\n  b. All private applicators shall maintain, at a minimum, records of\nthe restricted pesticides purchased, crop treated by such, method of\napplication, and date of application or applications. This information\nshall be maintained on an annual basis and retained for a minimum of\nthree years, and shall be available for inspection upon request by the\ndepartment.\n  c. A private applicator shall, upon request, within six months,\nprovide site-specific information relating to pesticide applications to\nany researcher entitled to receive information pursuant to paragraph (d)\nof subdivision one of section twenty-four hundred eleven of the public\nhealth law, provided, however, such request shall not be granted during\nplanting and harvesting unless at a time and in a manner that is\nmutually convenient.\n
N.Y. VAT Law § 3002 — New York Code / Act VAT / Title 12 / Article 49 / Section 3002
Local laws, ordinances, orders, rules, regulations, administrative code provisions and sanitary and health code provisions continued
Status: in_force

§ 3002. Local laws, ordinances, orders, rules, regulations,\nadministrative code provisions and sanitary and health code provisions\ncontinued.  (a) Except as otherwise provided in subsection (c) of this\nsection, local laws, ordinances, orders, rules, regulations,\nadministrative code provisions and sanitary and health code provisions\nexisting on the effective date of this section, shall, to the extent\nthat they do not conflict with the provisions of this chapter, be given\nthe following effect:\n  1. Orders of the department of transportation prohibiting or\nrestricting stopping, standing or parking of vehicles and local laws,\nordinances, orders, rules and regulations adopted by local authorities\nprohibiting or restricting stopping, standing or parking of vehicles\nshall henceforth be construed to prohibit or restrict stopping, standing\nor parking as defined in this chapter.\n  2. All other orders of the department of transportation affecting\ntraffic and all other local laws, ordinances, orders, rules,\nregulations, administrative code provisions and sanitary and health code\nprovisions affecting traffic shall henceforth be construed as if they\nhad been adopted pursuant to this chapter.\n  (b) Except as otherwise provided in subsection (c) of this section,\nthe local laws, ordinances, orders, rules, regulations, administrative\ncode provisions and sanitary and health code provisions referred to in\nthis section shall be deemed severable so that they shall be null and\nvoid only to the extent and only at the locations that they conflict\nwith provisions of this chapter.\n  (c) Any local law, ordinance, order, rule, regulation, administrative\ncode provision or sanitary or health code provision which was in\nexistence on the effective date of this section, and which conflicts\nwith the provisions of this chapter, shall nevertheless continue in\neffect and be construed as if adopted pursuant to this chapter, in any\ncase where the same would validly supersede the provisions of this\nchapter if it were adopted after the effective date of this section,\npursuant to any provision of sections sixteen hundred thirty, sixteen\nhundred thirty-one or sixteen hundred forty-two.\n
N.Y. PBA Law § 1285-M — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-M
Drinking water revolving fund
Status: in_force

§ 1285-m. Drinking water revolving fund. 1. (a) The corporation shall\nundertake and provide assistance in support of the program to make\nfinancial assistance available to recipients to encourage and support\nthe planning, development and construction of water supply facilities in\naccordance with the provisions of this section and title four of article\neleven of the public health law.\n  (b) There is hereby established in the custody of the corporation a\nspecial fund to be known as the drinking water revolving fund. Except as\notherwise provided by this paragraph, moneys in the drinking water\nrevolving fund shall be segregated from all other funds of or in the\ncustody of the corporation subject to any rights of holders of\ncorporation bonds or notes issued for the purposes of this section.\nMoneys in the drinking water revolving fund shall only be used in\naccordance with the provisions of this section and title four of article\neleven of the public health law; provided that, in addition, to the\nextent permitted by federal or state law, moneys in the drinking water\nrevolving fund may be transferred to and used for the purposes\nauthorized for the water pollution control revolving fund, and moneys in\nthe water pollution control revolving fund may be transferred to and\nused for the purposes authorized for the drinking water revolving fund.\nThe moneys in the drinking water revolving fund shall be applied to or\npaid out for authorized purposes of such fund in accordance with\nsubdivision four of this section and title four of article eleven of the\npublic health law. To the extent approved by the commissioner of health\nand the commissioner of environmental conservation and notwithstanding\nthe provisions of paragraph (a) of this subdivision, moneys in the\ndrinking water revolving fund and in the water pollution control\nrevolving fund may be held together; provided that all such moneys are\nsegregated from all other funds of or in the custody of the corporation\nsubject to any rights of holders of corporation bonds or notes issued\nfor the purposes of this section; provided further, that the corporation\nshall establish and maintain or cause there to be established and\nmaintained a system of tracking the application of such moneys to the\npurposes of this section. The corporation may establish within the\ndrinking water revolving fund additional accounts or subaccounts and\nspecify any conditions applicable to the transfer of moneys between such\naccounts or subaccounts. With respect to each eligible project, the\ncorporation shall establish and maintain a record of the allocation\nprovided for the benefit of such project in accordance with the terms of\nthe applicable financing agreement.\n  2. As used in this section, the terms "allocation", "construction",\n"eligible project", "fund" and "financing agreement" shall have the\nmeanings set forth in section eleven hundred sixty of the public health\nlaw.\n  3. Such fund shall consist of all of the following:\n  (a) the proceeds of bonds or notes issued by the state pursuant to the\nClean Water/Clean Air Bond Act of 1996; provided that up to two hundred\nsixty-five million dollars ($265,000,000) of such proceeds shall be\navailable to finance state assistance payments in the manner set forth\nin paragraphs (a), (d), (e), (f) and (g) of subdivision four of this\nsection, and up to ninety million dollars ($90,000,000) shall be\navailable to finance state assistance payments in the manner set forth\nin paragraphs (d), (f) and (h) of subdivision four of this section;\n  (b) federal capitalization grants and awards or other federal\nassistance provided pursuant to the federal safe drinking water act for\npurposes of deposit in the fund and appropriated by the state for\ndeposit therein;\n  (c) moneys appropriated by the state legislature for the purpose of\nsuch fund or otherwise transferred by the state for deposit therein by\nthe comptroller as required by law;\n  (d) payments of principal and interest made by recipients pursuant to\nloan or other financing agreements entered into pursuant to subdivisions\neight and nine of this section; provided, however, if financial\nassistance made pursuant to financing agreements were financed by the\nissuance of bonds or notes of the corporation, deposit of such payments\ninto the fund shall be subject to the rights of the holders of such\nbonds or notes to receive such moneys;\n  (e) investment earnings on amounts in such fund; and\n  (f) the proceeds of bonds or notes issued by the corporation for\npurposes of providing financial assistance to recipients.\n  4. Moneys in the drinking water revolving fund shall be applied by the\ncorporation in accordance with this section and title four of article\neleven of the public health law to provide financial assistance to\nrecipients for construction of eligible projects and, upon consultation\nwith the director of the division of the budget, for such other purposes\npermitted by the federal safe drinking water act, as amended, and to\nprovide for the administrative and management costs of the program,\nprovided however, that proceeds of bonds issued pursuant to the Clean\nWater/Clean Air Bond Act of 1996, other than proceeds of bonds used to\nfinance the state match for federal capitalization grants for the\ndrinking water revolving fund, shall not be used for administrative and\nmanagement costs; and provided further, that proceeds of bonds issued\npursuant to the Clean Water/Clean Air Bond Act of 1996, other than\nproceeds of bonds issued to finance the state match for federal\ncapitalization grants for the drinking water revolving fund, shall not\nbe used to finance costs with respect to the Croton filtration project.\nAs used in this section "financial assistance to recipients" means any\none or more of the following:\n  (a) making loans to recipients for construction of eligible projects\non such terms as the corporation may determine, subject to any\napplicable provisions of federal or state law;\n  (b) buying or refinancing debt obligations of recipients at market or\nbelow market rates, subject to any applicable provisions of federal or\nstate law;\n  (c) guarantying, or purchasing insurance or other credit enhancement\nfor municipal obligations where such action would improve credit market\naccess for or reduce interest rates on such municipal obligations;\n  (d) providing a source of revenue or security for payment of principal\nand interest on bonds or notes issued by the corporation if the proceeds\nof the sale of such bonds or notes will be deposited in the fund;\n  (e) providing interest rate subsidy allocations to subsidize loans to\nrecipients made from the proceeds of the corporation's bonds or notes;\n  (f) paying, pursuant to subdivision seven of this section, the costs\nof the corporation and the department of health of administering and\nmanaging the program described in this section and title four of article\neleven of the public health law and paying the costs of the corporation\nand the department of health of providing technical assistance with\nrespect to such program; provided, however, that proceeds of bonds\nissued pursuant to the Clean Water/Clean Air Bond Act of 1996, other\nthan proceeds of bonds used to finance the state match for federal\ncapitalization grants for the drinking water revolving fund, shall not\nbe used for such costs;\n  (g) paying up to seventy-five percent of the principal on loans made\nto recipients under financing agreements if the corporation determines\nthat the recipient would be unable to carry out the eligible project\nfinanced with such loan without creating a financial hardship on system\nusers and without the subsidy afforded by such payment of principal,\nprovided that (i) the amounts applied to such purpose shall be paid from\ninterest earned on funds deposited in the fund and from interest\nreceived on other loans made from the fund, (ii) the amounts so applied\nshall not exceed, in the aggregate, the interest earnings received by\nthe fund on fifty percent of the amounts deposited to the fund, and\n(iii) in accordance with regulations to be promulgated by the\ncorporation, preference shall be given to small and rural communities in\nproviding such principal subsidies; or\n  (h) making state assistance payments for the state share of the cost\nof an eligible project from up to ninety million dollars ($90,000,000)\nof the proceeds of state bonds and notes issued pursuant to the Clean\nWater/Clean Air Bond Act of 1996; provided that, in accordance with\nregulations to be promulgated by the corporation, preference shall be\ngiven to recipients which would be unable to carry out such eligible\nprojects in the absence of such state assistance payments without\ncreating a financial hardship on system users.\n  Subject to any applicable provisions of federal or state law, any\nfinancial assistance at an interest rate of zero percent provided to\nrecipients that meet the financial hardship criteria regulations\nestablished pursuant to title four of article eleven of the public\nhealth law, may have a final maturity up to forty years following\nscheduled completion of the eligible project.\n  5. The corporation may make payments to the state in accordance with\nsubdivision seven of this section to reimburse the state for\nexpenditures made pursuant to appropriation to pay the cost of the\ncorporation and the department of health for administering and managing\nthe drinking water revolving fund program, including provision of\ntechnical assistance. Such reimbursement may be made from:\n  (a) available investment earnings on all amounts in the drinking water\nrevolving fund excluding all amounts in the fund which are the subject\nof allocations or other financial assistance to a recipient;\n  (b) payments received from a recipient for such purpose; and\n  (c) the proceeds of federal capitalization grants, awards or\nassistance available for administration and management of such program.\n  Notwithstanding the foregoing, if the sources of revenues described in\nparagraphs (a), (b) and (c) of this subdivision are at any time\ninsufficient to make a reimbursement to the state pursuant to this\nsubdivision when due, the corporation may make such reimbursement from\nany other available amounts in the drinking water revolving fund,\nexcluding all amounts that are the subject of allocations, provided,\nthat the amounts paid from fund sources other than those described in\nparagraphs (a), (b) and (c) of this subdivision shall be reimbursed upon\na determination by the director of the budget that future revenues\nobtained from sources described in paragraphs (a), (b) and (c) of this\nsubdivision are in excess of the amounts reasonably needed to make\nfuture reimbursements pursuant to this subdivision.\n  * 6. Moneys in the drinking water revolving fund may be invested as\nprovided in subdivision four of section twelve hundred eighty-four of\nthis title and may be further invested:\n  (a) in investment agreements continuously secured by obligations with\nany insurance company or reinsurance company or corporate affiliate\nthereof rated by a nationally recognized rating agency in one of its two\nhighest categories, any bank, trust company or broker or dealer, as\ndefined by the securities exchange act of 1934, which is a dealer in\ngovernment bonds, which reports to, trades with and is recognized as a\nprimary dealer by a federal reserve bank and is a member of the\nsecurities investors protection corporation, if such investment\nagreement provides that:\n  (i) such obligations securing such investment agreements are\nobligations as set forth in section ten of the general municipal law;\n  (ii) such obligations are to be delivered to a trustee for the benefit\nof the corporation or, with respect to moneys pledged under an indenture\nof trust or trust agreement relating to bonds or notes of the\ncorporation, to the trustee under such indenture or trust agreement, or\nare supported by a safe keeping receipt issued by a depository\nsatisfactory to the corporation as applicable, provided that such\ninvestment agreements must provide that the value of the underlying\nobligations shall be maintained at a current market value, calculated no\nless frequently than monthly, of not less than the amount deposited\nthereunder;\n  (iii) a prior perfected security interest in the obligations which are\nsecuring such agreement has been granted to the corporation, such\ntrustee or such depository as applicable; and\n  (iv) such obligations are free and clear of adverse third party\nclaims; or\n  (b) in obligations as set forth in section ten of the general\nmunicipal law that are rated by a nationally recognized rating agency in\none of its two highest rating categories.\n  * NB Effective until September 30, 2026\n  * 6. Moneys in the drinking water revolving fund may be invested as\nprovided in subdivision four of section twelve hundred eighty-four of\nthis title and may be further invested:\n  (a) in investment agreements continuously secured by obligations with\nany insurance company or reinsurance company or corporate affiliate\nthereof rated by a nationally recognized rating agency in one of its two\nhighest categories, any bank, trust company or broker or dealer, as\ndefined by the securities exchange act of 1934, which is a dealer in\ngovernment bonds, which reports to, trades with and is recognized as a\nprimary dealer by a federal reserve bank and is a member of the\nsecurities investors protection corporation, if such investment\nagreement provides that:\n  (i) such obligations securing such investment agreements are\nobligations as set forth in section ten of the general municipal law;\n  (ii) such obligations are to be delivered to a trustee for the benefit\nof the corporation or, with respect to moneys pledged under an indenture\nof trust or trust agreement relating to bonds or notes of the\ncorporation, to the trustee under such indenture or trust agreement, or\nare supported by a safe keeping receipt issued by a depository\nsatisfactory to the corporation as applicable, provided that such\ninvestment agreements must provide that the value of the underlying\nobligations shall be maintained at a current market value, calculated no\nless frequently than monthly, of not less than the amount deposited\nthereunder;\n  (iii) a prior perfected security interest in the obligations which are\nsecuring such agreement has been granted to the corporation, such\ntrustee or such depository as applicable; and\n  (iv) such obligations are free and clear of adverse third party\nclaims; or\n  (b) in obligations the interest on which is excludable from gross\nincome under section one hundred three of the internal revenue code,\nprovided that such obligations are rated by a nationally recognized\nrating agency in one of its two highest rating categories.\n  * NB Effective September 30, 2026\n  7. The corporation may transfer to the state on such schedule as the\ncorporation and the department of health shall agree amounts from the\nfund to reimburse the state in accordance with the provisions of\nsubdivision five of this section.\n  8. In addition to the powers of the corporation granted elsewhere in\nthis chapter, the corporation shall have the power to enter into loan\nand other financing agreements authorized by title four of article\neleven of the public health law. Notwithstanding the powers granted to\nthe corporation elsewhere in this title, the corporation's power to\nfinance eligible projects from the fund is limited to eligible projects\nfor which financing agreements have been executed pursuant to title four\nof article eleven of the public health law.\n  9. In addition to the powers granted to the corporation elsewhere in\nthis chapter, the corporation may make loans or other financial\nassistance to recipients for purposes of financing eligible projects for\nwhich the fund may be used, subject to the limitations of subdivision\neight of this section, may accept the obligations of any recipient as\nsecurity for the repayment of a loan to such recipient, and may assign\nand pledge such recipient obligations and financing agreements for the\nbenefit of the holders of obligations of the corporation. Loan proceeds\nor other financial assistance may be disbursed to a recipient only in\nconnection with facilities that have been certified by the commissioner\nof health as constituting an eligible project and in accordance with\nother restrictions as may be imposed in connection with such loan or\nobligations of the corporation from the proceeds of which such loan is\nmade.\n  10. The corporation is authorized to arrange, in consultation with the\ndepartment of health, for any audits required by law for the purpose of\nissuing its bonds or notes to provide financial assistance to\nrecipients, and provide for the implementation of any independently\nconducted reviews or audits arranged pursuant to subdivision two of\nsection eleven hundred sixty-six of the public health law.\n  11. In the event a municipality participating in the drinking water\nrevolving fund program shall fail to make any payment due the\ncorporation pursuant to any financing agreement or other obligation of\nthe municipality sold to the corporation or issued as security for the\nundertaking of the municipality thereunder, the corporation shall\ncertify to the comptroller, and notify the chairman of the senate\nfinance committee, the chairman of the assembly ways and means\ncommittee, the director of the division of the budget and the governing\nbody of the municipality that such municipality has failed to make such\npayment. Such certificate shall be in such form as may be determined by\nthe corporation provided such certificate shall specify the exact amount\nof debt service and surcharge, if applicable, required to satisfy such\nmunicipality's unpaid obligation. The comptroller, upon receipt of such\ncertificate from the corporation, is authorized to and shall, to the\nextent not otherwise prohibited by law and subject to any other\nprovision of law providing for withholding of payments to the\nmunicipality which takes precedence over this subdivision, withhold from\nsuch municipality the next succeeding payments of state aid or local\nassistance otherwise payable to it to the extent necessary to meet the\ncertified amount of debt service and surcharge, if applicable, due the\ncorporation and shall immediately pay over to the corporation as a debt\nservice payment on behalf of such municipality the amount so withheld.\n
N.Y. PBA Law § 1290 — New York Code / Act PBA / Article 5 / Title 12 / Section 1290
Notes and bonds of the corporation
Status: in_force

§ 1290. Notes and bonds of the corporation. 1. (a) The corporation\nshall have power and is hereby authorized from time to time to issue its\nnegotiable or non-negotiable bonds and notes in conformity with\napplicable provisions of the uniform commercial code in such principal\namount, as, in the opinion of the corporation, shall be necessary to\nprovide sufficient funds for achieving its purposes, including the\nacquisition and construction, operation and maintenance of sewage\ntreatment works, sewage collecting systems, solid waste disposal\nfacilities, storm water collecting systems, water management facilities,\nair pollution control facilities, the removal, disposal and remediation\nof petroleum storage tanks and the remediation of the sites thereof and\nany other project or projects authorized pursuant to the provisions of\nthis title, and paying the cost thereof; the making of loans to persons\nand, for purposes of sections twelve hundred eighty-five-j, twelve\nhundred eighty-five-m and twelve hundred eighty-five-o of this title\nonly, to any municipality or recipient for such purposes; the making of\nloans, providing of financing or extension of credit to or on behalf of\nbeginning farmers for purposes of section twelve hundred eighty-five-r\nof this title only; the financing of the design, acquisition,\nconstruction, improvement and installation of all or any portion of\nRiverbank Park, provided however, that any such bonds or notes issued to\nfinance Riverbank Park shall only be issued in such principal amount as\nshall be necessary to provide sufficient funds for the repayment of\namounts disbursed pursuant to appropriations or reappropriations under\nchapter fifty-four of the laws of nineteen hundred ninety-one including\nany subsequent reappropriation of the unexpended balance of such\nappropriations or reappropriations for the purpose of Riverbank Park,\nplus an amount sufficient to fund any debt service reserve fund\nestablished by the corporation for the purpose of Riverbank Park and to\nprovide for the payment of fees and other charges and expenses of the\ncorporation in connection with such bonds and notes, which principal\namount shall constitute the statutory ceiling on the amount of bonds and\nnotes that can be issued for such purpose; the financing of all or any\nportion of any state park infrastructure project or reimbursement of the\nstate for expenditures relating thereto, plus an amount to provide for\nthe payment of fees and other charges and expenses of the corporation in\nconnection with such bonds and notes; the provision of funds to the\nstate for any amounts contributed or to be contributed to the water\npollution control revolving fund, the pipeline for jobs fund or the\ndrinking water revolving fund provided, however, that any such bonds or\nnotes issued to provide funds to the water pollution control revolving\nfund, the pipeline for jobs fund or the drinking water revolving fund\nshall only be issued in such principal amount as shall be necessary to\nprovide sufficient funds for the repayment of amounts disbursed pursuant\nto any appropriation or reappropriation enacted for the pipeline for\njobs fund or for the payment of the state match for federal\ncapitalization grants for the water pollution control revolving fund or\nthe drinking water revolving fund, plus an amount sufficient to fund any\ndebt service reserve fund and to provide for fees, charges and other\ncosts of issuance, which principal amount shall constitute the statutory\nceiling on the amount of bonds and notes that can be issued for such\npurpose; the financing of any environmental infrastructure projects\nauthorized by section twelve hundred eighty-five-p of this title; the\npurchase of municipal bonds and notes, and bonds and notes of a state\nagency, the payment of the cost of any project, the payment of interest\non bonds and notes of the corporation, the establishment of reserves to\nsecure such bonds and notes; the provision of working capital and all\nother expenditures of the corporation incident to and necessary or\nconvenient to carry out its purposes and powers;\n  (b) The corporation shall have power, from time to time, to issue\nrenewal notes, to issue bonds to pay notes and whenever it deems\nrefunding expedient, to refund any bonds by the issuance of new bonds,\nwhether the bonds to be refunded have or have not matured, and to issue\nbonds partly to refund bonds then outstanding, and partly for any other\npurpose. The refunding bonds shall be sold and the proceeds applied to\nthe purchase, redemption or payment of the bonds to be refunded.\nNotwithstanding any statutory ceiling on outstanding bonds, any\nrefunding bonds shall be sold in the amount required to pay or redeem\noutstanding bonds, to fund any reserve, escrow or payment fund, and to\nprovide for the payment of all fees and other charges and expenses,\nincluding costs of issuance, incurred in connection with the issuance of\nsuch refunding bonds, provided that the present value of the aggregate\ndebt service on the refunding bonds does not exceed the present value of\nthe aggregate debt service on the bonds refunded thereby.\n  (c) Except as may otherwise be expressly provided by the corporation,\nevery issue of its notes or bonds shall be (i) general obligations of\nthe corporation payable out of any revenues or monies of the\ncorporation, subject only to any agreements with the holders of\nparticular notes or bonds pledging any particular receipts or revenues,\n(ii) special obligations of the corporation payable solely from the\nrevenues, service charges, rentals, proceeds or other payments to be\nreceived on account of the mortgage, loan or other agreements and\npayments, reserve and insurance funds or accounts issuance of special\nobligations, and fees, charges or other monies to be received by the\ncorporation in respect to loans pursuant to section twelve hundred\neighty-five-b or twelve hundred eighty-five-j of this title, or from\namounts received by the corporation pursuant to any contract, lease,\neasement, license or other instrument entered into by the corporation\npursuant to sections twelve hundred eighty-five-k and twelve hundred\neighty-five-l of this title or, (iii) special obligations of the\ncorporation payable solely from amounts received pursuant to an\nagreement with the commissioner of environmental conservation pursuant\nto subdivision twelve of section twelve hundred eighty-five-j of this\ntitle, and may, but need not, be secured by mortgages, assignments or\npledges of such revenues, service charges, rentals, proceeds, other\npayments, funds and accounts, fees, charges and other monies, and by\nmortgages or assignments thereof in respect to projects, and may include\npooled financings subject only to any agreements with the holders of\nparticular special obligation notes or bonds issued to finance the cost\nof, or loans for, a project or projects; no general obligations of the\ncorporation shall be issued to finance the cost of, or loans for, a\nproject or projects authorized to be constructed pursuant to section\ntwelve hundred eighty-five-b or twelve hundred eighty-five-j of this\ntitle or to finance (A) the contribution of the state to the water\npollution control revolving fund, (B) the design, acquisition,\nconstruction, improvement and installation of all or any portion of\nRiverbank Park or (C) state park infrastructure projects and no funds,\nmonies, revenues or other assets of the corporation shall be used for\nloans authorized pursuant to section twelve hundred eighty-five-b or\ntwelve hundred eighty-five-j of this title, except as may be available\nwith respect to a project and a contract with a person as aforesaid, or\nfor the payment to the state for amounts contributed by the state to the\nwater pollution control revolving fund, to finance the design,\nacquisition, construction, improvement and installation of all or any\nportion of Riverbank Park or state park infrastructure projects. Nor\nshall any special obligation authorized pursuant hereto be payable from\nor secured by any debt service reserve fund created pursuant to section\ntwelve hundred ninety-one of this title, and the state shall not be\nentitled to require the redemption of such special obligations pursuant\nto section twelve hundred ninety-three of this title; and such special\nobligation and the security therefor shall not be subject to the\nprovisions of section twelve hundred ninety-four of this title but the\nremedies of the holders thereof shall be set forth in the terms of such\nspecial obligations and the instruments constituting such security; the\nmaking of loans, providing of financial or extension of credit to or on\nbehalf of beginning farmers for purposes of section twelve hundred\neighty-five-r of this title only;\n  (d) Any bonds or notes issued for the purpose of financing amounts\ndeposited or to be deposited by the state in the water pollution control\nrevolving fund may be issued in an aggregate principal amount sufficient\nto finance the amount to be paid or reimbursed to the state plus an\namount sufficient to fund any debt service reserve fund established by\nthe corporation and to provide for the payment of fees and other charges\nand expenses of the corporation in connection with such bonds and notes.\n  (e) Notwithstanding any other law to the contrary, the corporation\nshall not issue any notes or bonds on behalf of any state department or\nagency to fund the removal, disposal and remediation of petroleum\nstorage tanks and the remediation of the sites thereof or on behalf of\nthe office of mental health to finance the pilgrim state sewage\ntreatment project, after the thirty-first day of March, nineteen hundred\nninety-six. This limitation shall not apply to bonds and notes issued to\nrefund bonds issued for such purposes.\n  2. The notes and bonds shall be authorized by resolution of the\ndirectors of the corporation, shall bear such date or dates, and shall\nmature at such time or times, in the case of any such note or any\nrenewals thereof not exceeding twelve years from the date of issue of\nsuch original note, and in the case of any such bond not exceeding forty\nyears from the date of issue, as such resolution or resolutions may\nprovide; provided, however, that the final maturity of any bond issued\nfor the purpose of financing any amounts deposited or to be deposited by\nthe state in the water pollution control revolving fund shall not exceed\nthirty years from the date of issue of such bond. The notes and bonds\nshall bear interest at such rate or rates which may vary from time to\ntime, be in such denominations, be in such form, either coupon or\nregistered, carry such registration privileges, be executed in such\nmanner, be payable in such medium of payment, at such place or places\nand be subject to such terms of redemption as such resolution or\nresolutions may provide. The notes and bonds of the corporation may be\nsold by the corporation, at public or private sale, at such price or\nprices as the corporation shall determine. No notes or bonds of the\ncorporation may be sold by the corporation at private sale, however,\nunless such sale and the terms thereof have been approved in writing by\n(a) the comptroller, where such sale is not to the comptroller, or (b)\nthe director of the budget, where such sale is to the comptroller.\n  3. Any resolution or resolutions authorizing any notes or bonds or any\nissue thereof may contain provisions, which shall be a part of the\ncontract with the holders thereof, as to:\n  (a) pledging all or any part of the rentals, rates, charges and other\nfees made or received by the corporation and other monies received or to\nbe received from the ownership or operation or otherwise in connection\nwith any project or projects and all or any part of the monies received\nin payment of principal or interest on bonds or notes of any state\nagency and municipal bonds or notes acquired by the corporation, to\nsecure the payment of the notes or bonds or of any issue thereof,\nsubject to such agreements with bondholders or noteholders as may then\nexist;\n  (b) pledging all or any part of the assets of the corporation\nincluding municipal bonds and notes acquired by the corporation in the\nissuance of general obligations, and in the issuance of special\nobligations, notes or other evidences of indebtedness of any person\nacquired by the corporation, and assigning and pledging any mortgages or\nother security interests acquired by the corporation or any interests of\nthe corporation in properties or revenues or other sums payable to the\ncorporation and any reserve and insurance funds or accounts or other\nfunds and accounts established in connection with the issuance of\nspecial obligations to secure the payment of the notes or bonds or of\nany issue of notes or bonds of general obligations or special\nobligations, as the case may be, subject to such agreements with\nnoteholders or bondholders as may then exist;\n  (c) the use and disposition of rentals, rates, charges and other fees\nmade or received by the corporation;\n  (d) the setting aside of reserves or sinking funds and the regulation\nand disposition thereof from the ownership or operation or otherwise in\nconnection with any project or projects and of the gross income from\nmunicipal bonds and notes and bonds and notes of any state agency owned\nby the corporation;\n  (e) limitations on the purpose to which the proceeds of sale of notes\nor bonds may be applied and pledging such proceeds to secure the payment\nof the notes or bonds or of any issue thereof;\n  (f) limitations on the issuance of additional notes or bonds; the\nterms upon which additional notes or bonds may be issued and secured;\nthe refunding of outstanding or other notes or bonds;\n  (g) the procedure, if any, by which the terms of any contract with\nnoteholders or bondholders may be amended or abrogated, the amount of\nnotes or bonds the holders of which must consent thereto, and the manner\nin which such consent may be given;\n  (h) limitations on the amount of monies to be expended by the\ncorporation for operating, administrative or other expenses of the\ncorporation;\n  (i) vesting in a trustee or trustees such property, rights, powers and\nduties in trust as the corporation may determine, which may include any\nor all of the rights, powers and duties of the trustee appointed by the\nbondholders pursuant to this title, and limiting or abrogating the right\nof the bondholders to appoint a trustee under this article or limiting\nthe rights, powers and duties of such trustee;\n  (j) any other matters, of like or different character, which in any\nway affect the security or protection of the notes or bonds.\n  4. In addition to the powers herein conferred upon the corporation to\nsecure its notes and bonds, the corporation shall have power in\nconnection with the issuance of notes and bonds to enter into such\nagreements as the corporation may deem necessary, convenient or\ndesirable concerning the use or disposition of its monies or property\nincluding the mortgaging of any such property and the entrusting,\npledging or creation of any other security interest in any such monies\nor property and the doing of any act (including refraining from doing\nany act) which the corporation would have the right to do in the absence\nof such agreements. The corporation shall have power to enter into\namendments of any such agreements within the powers granted to the\ncorporation by this title and to perform such agreements. The provisions\nof any such agreements may be made a part of the contract with the\nholders of the notes and bonds of the corporation.\n  5. It is the intention hereof that any pledge, mortgage or security\ninstrument made by the corporation shall be valid and binding from the\ntime when the pledge, mortgage or security instrument is made; that the\nmonies or property so pledged, mortgaged and entrusted and thereafter\nreceived by the corporation shall immediately be subject to the lien of\nsuch pledge, mortgage or security instrument without any physical\ndelivery thereof or further act; and that the lien of any such pledge,\nmortgage or security instrument shall be valid and binding as against\nall parties having claims of any kind in tort, contract or otherwise\nagainst the corporation, irrespective of whether such parties have\nnotice thereof. Neither the resolution nor any mortgage, security\ninstrument or other instrument by which a pledge, mortgage lien or other\nsecurity is created need be recorded or filed and the corporation shall\nnot be required to comply with any of the provisions of the uniform\ncommercial code.\n  6. Neither the directors of the corporation nor any person executing\nthe notes or bonds shall be liable personally on the notes or bonds or\nbe subject to any personal liability or accountability by reason of the\nissuance thereof.\n  7. The corporation, subject to such agreements with noteholders or\nbondholders as may then exist, shall have power out of any funds\navailable therefor to purchase notes or bonds of the corporation, which\nshall thereupon be cancelled, at a price not exceeding (a) if the notes\nor bonds are then redeemable, the redemption price then applicable plus\naccrued interest to the next interest payment thereon, or (b) if the\nnotes or bonds are not then redeemable, the redemption price applicable\non the first date after such purchase upon which the notes or bonds\nbecome subject to redemption plus accrued interest to such date.\n  8. Neither the state nor any municipality shall be liable on notes or\nbonds issued as general obligations of the corporation and such notes\nand bonds shall not be a debt of the state or any municipality, and such\nnotes and bonds shall contain on the face thereof a statement to such\neffect. The state shall not be liable on notes or bonds issued as\nspecial obligations of the corporation, and such notes and bonds shall\nnot be a debt of the state and shall be payable solely from the\nrevenues, service charges, rentals, proceeds or other payments to be\nderived from the extension of credit or the loan for the project for\nwhich such notes and bonds were issued, and such notes and bonds shall\ncontain on the face thereof a statement to such effect.\n
N.Y. VAT Law § 3012 — New York Code / Act VAT / Title 12 / Article 50 / Section 3012
Existing licenses and registrations not affected
Status: in_force

§ 3012. Existing licenses and registrations not affected. Subject to\nthe provisions of the vehicle and traffic law, hereby enacted, relative\nto revocation or suspension of operators' or chauffeurs' licenses or\nregistration of motor vehicles and motorcycles, this chapter shall not\naffect nor impair any such license or registration heretofore granted or\nissued.\n
N.Y. PBA Law § 2987 — New York Code / Act PBA / Article 9 / Title 12-A / Section 2987
Lobbying contacts
Status: in_force

§ 2987. Lobbying contacts. 1. Definitions. As used in this title:\n  a. "lobbyist" shall have the same meaning as defined in section one-c\nof the legislative law.\n  b. "lobbying" shall mean and include any attempt to influence:\n  (i) the adoption or rejection of any rule or regulation having the\nforce and effect of law by a public authority, and\n  (ii) the outcome of any rate making proceeding by a public authority.\n  c. "contact" shall mean any conversation, in person or by telephonic\nor other remote means, or correspondence between any lobbyist engaged in\nthe act of lobbying and any person within a state authority who can make\nor influence a decision on the subject of the lobbying on behalf of the\nauthority, and shall include, at a minimum, all members of the governing\nboard and all officers of the state authority.\n  2. Every state authority shall maintain a record of all lobbying\ncontacts made with such authority.\n  3. Every member, officer or employee of a state authority who is\ncontacted by a lobbyist shall make a contemporaneous record of such\ncontact containing the day and time of the contact, the identity of the\nlobbyist and a general summary of the substance of the contact.\n  4. Each state authority shall adopt a policy implementing the\nrequirements of this section. Such policy shall appoint an officer to\nwhom all such records shall be delivered. Such officer shall maintain\nsuch records for not less than seven years in a filing system designed\nto organize such records in a manner so as to make such records useful\nto determine whether the decisions of the authority were influenced by\nlobbying contacts.\n
N.Y. RSS Law § 110-C — New York Code / Act RSS / Article 2 / Title 12 / Section 110-C
Deductions from benefits of certain retired members
Status: in_force

§ 110-c. Deductions from benefits of certain retired members.\nNotwithstanding any other provision of law, a retired member shall have\nthe right, at any time after the retiree's retirement, to execute and\nfile a deduction authorization card with the comptroller authorizing the\ndeduction from the retired member's retirement allowance of membership\ndues and such retired member's share of the cost for employee\norganization-sponsored benefit plans and the payment thereof to a\nretiree organization of which the retired member is then a member and\nwhich is then affiliated with either an employee organization certified\nor recognized as the collective bargaining representative of all\nemployees in the negotiating unit of which the retired member was a part\nprior to his or her retirement or with an employee organization with\nwhich such employee organization is then affiliated. The comptroller\nshall thereafter deduct from the retirement allowance of such retired\nmember the amount of membership dues and such amounts required to be\npaid by such retired member for such authorized employee\norganization-sponsored benefit plans, and shall transmit the sum so\ndeducted to said retiree organization. Such authorization shall continue\nin effect until revoked in writing by such retired member. For purposes\nof this section the term "employee organization-sponsored benefit plans"\nshall include any and all insurance plans and/or other benefit plans\nsponsored by such retiree organization whether provided by (a) a\nnot-for-profit corporation licensed under article forty-three of the\ninsurance law; (b) any insurance company authorized to do business in\nthis state; (c) a health maintenance organization issued a certificate\nof authority pursuant to article forty-four of the public health law; or\n(d) a self-insurance arrangement, welfare fund or benefit fund.\n
N.Y. PBA Law § 1285-Q — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-Q
Financing of hazardous waste site remediation projects
Status: in_force

§ 1285-q. Financing of hazardous waste site remediation projects. In\norder to effectuate the purposes of this title, the corporation shall\nhave the following additional special powers:\n  1. Subject to chapter fifty-nine of the laws of two thousand, but\nnotwithstanding any other provisions of law to the contrary, in order to\nassist the corporation in undertaking the administration and the\nfinancing of hazardous waste site remediation projects for payment of\nthe state's share of the costs of the remediation of hazardous waste\nsites, in accordance with title thirteen of article twenty-seven of the\nenvironmental conservation law and section ninety-seven-b of the state\nfinance law, and for payment of state costs associated with the\nremediation of offsite contamination at significant threat sites as\nprovided in section 27-1411 of the environmental conservation law, and\nbeginning in state fiscal year two thousand fifteen - two thousand\nsixteen for environmental restoration projects pursuant to title five of\narticle fifty-six of the environmental conservation law provided that\nfunding for such projects shall not exceed ten percent of the funding\nappropriated for the purposes of financing hazardous waste site\nremediation projects, pursuant to title thirteen of article twenty-seven\nof the environmental conservation law in any state fiscal year pursuant\nto capital appropriations made to the department of environmental\nconservation, the director of the division of budget and the corporation\nare each authorized to enter into one or more service contracts, none of\nwhich shall exceed twenty years in duration, upon such terms and\nconditions as the director and the corporation may agree, so as to\nannually provide to the corporation in the aggregate, a sum not to\nexceed the annual debt service payments and related expenses required\nfor any bonds and notes authorized pursuant to section twelve hundred\nninety of this title. Any service contract entered into pursuant to this\nsection shall provide that the obligation of the state to fund or to pay\nthe amounts therein provided for shall not constitute a debt of the\nstate within the meaning of any constitutional or statutory provision\nand shall be deemed executory only to the extent of moneys available for\nsuch purposes, subject to annual appropriation by the legislature. Any\nsuch service contract or any payments made or to be made thereunder may\nbe assigned and pledged by the corporation as security for its bonds and\nnotes, as authorized pursuant to section twelve hundred ninety of this\ntitle.\n  2. The comptroller is hereby authorized to receive from the\ncorporation any portion of bond proceeds paid to provide funds for or\nreimburse the state for its costs associated with any hazardous waste\nsite remediation projects and to credit such amounts to the capital\nprojects fund or any other appropriate fund.\n  3. The maximum amount of bonds that may be issued for the purpose of\nfinancing hazardous waste site remediation projects and environmental\nrestoration projects authorized by this section shall not exceed three\nbillion four hundred fifty million dollars, provided that the bonds not\nissued for such appropriations may be issued pursuant to reappropriation\nin subsequent fiscal years. No bonds shall be issued for the repayment\nof any new appropriation enacted after March thirty-first, two thousand\nthirty-six for hazardous waste site remediation projects authorized by\nthis section. Amounts authorized to be issued by this section shall be\nexclusive of bonds issued to fund any debt service reserve funds, pay\ncosts of issuance of such bonds, and bonds or notes issued to refund or\notherwise repay bonds or notes previously issued. Such bonds and notes\nof the corporation shall not be a debt of the state, and the state shall\nnot be liable thereon, nor shall they be payable out of any funds other\nthan those appropriated by this state to the corporation for debt\nservice and related expenses pursuant to any service contracts executed\npursuant to subdivision one of this section, and such bonds and notes\nshall contain on the face thereof a statement to such effect.\n
N.Y. PBA Law § 1978 — New York Code / Act PBA / Article 8 / Title 12 / Section 1978
Agreements of the state
Status: in_force

§ 1978. Agreements of the state. The state of New York does pledge to\nand agree with the holders of the bonds and notes that the state will\nnot limit or alter the rights hereby vested in the authority to acquire,\nlease, mortgage or dispose of real or personal property or any interest\ntherein or construct, improve, enlarge, operate and maintain the\nproject, to fix, establish and collect the rates, rentals, fees and\nother charges referred to in this act and to fulfill the terms of any\nagreements made with the holders of the bonds and notes, or in any way\nimpair the rights and remedies of such bondholders and noteholders until\nthe bonds and notes, together with interest thereon, interest on any\nunpaid installments of interest, and all costs and expenses in\nconnection with any action or proceeding by or on behalf of the\nbondholders and noteholders are fully met and discharged.\n
N.Y. RSS Law § 111-A — New York Code / Act RSS / Article 2 / Title 12 / Section 111-A
Bonds required in certain cases
Status: in_force

§ 111-a. Bonds required in certain cases.  a. In any case where, by\norder of a court of competent jurisdiction, the retirement system is\nrequired to pay over a benefit which is payable in installments and\nwhich is predicated upon the life of a beneficiary, to a payee other\nthan the recipient who ordinarily would have taken the benefit pursuant\nto the provisions of this article, such payee must file a bond. The bond\nshall be in favor of the comptroller as administrative head of the\nretirement system and shall indemnify him against loss by reason of\nexcess payments to such payee, after benefits have ceased to become\npayable for any reason whatsoever.\n  The amount of the bond shall be fixed by the court in a sum not less\nthan the total amount such payee is expected to take for a period of two\nyears. The bond with at least two sureties must be approved by the\ncourt. It must be filed with the clerk of the court and a certified copy\nthereof served upon the comptroller. Before the bond shall be approved\nthere shall be filed in the court by every surety an acknowledged\ninstrument wherein the surety designates the clerk of the court and his\nsuccessors in office as a person upon whom service of any process\nissuing from the court may be made in like manner and with like effect\nas if served personally upon the surety, whenever such surety after the\nexercise of due diligence cannot be found and served within the state of\nNew York.\n  Insofar as they are consistent with this article, the provisions of\nlaw relating to bonds and undertakings in a civil action in the supreme\ncourt shall apply to bonds required by this subdivision.\n  b. Notwithstanding any provisions to the contrary in subdivision a of\nthis section, if the retirement system is required to pay over a benefit\nwhich is payable in installments and which is predicated upon the life\nof a beneficiary, to a payee other than the recipient who ordinarily\nwould have taken the benefit pursuant to the provisions of this chapter,\nsuch payee shall not be required to file a bond or any other undertaking\nwhere such payment is required by order of a court of competent\njurisdiction as the result of an action or proceeding for equitable\ndistribution, alimony, maintenance or child support pursuant to article\nthree-A or thirteen of the domestic relations law, article four of the\nfamily court act, title six-A or six-B of article three of the social\nservices law, section fifty-two hundred forty-two of the civil practice\nlaw and rules, or by an income execution issued pursuant to section\nfifty-two hundred forty-one of the civil practice law and rules.\n  Upon the payment of such benefit, the retirement system shall be\nrelieved and held harmless from any and all liability for any claim of\nexcess payment which exists at the time with reference to such benefit\nor may thereafter be made on account of such benefit.\n
N.Y. PBA Law § 1983 — New York Code / Act PBA / Article 8 / Title 12 / Section 1983
Remedies of bondholders
Status: in_force

§ 1983. Remedies of bondholders. 1. In the event that the authority\nshall default in the payment of principal of or interest on any issue of\nthe bonds after the same shall become due, whether at maturity or upon\ncall for redemption, and such default shall continue for a period of\nthirty days, or in the event that the authority shall fail or refuse to\ncomply with the provisions of this title, or shall default in any\nagreement made with the holders of any issue of the bonds, the holders\nof twenty-five per centum in aggregate principal amount of the bonds of\nsuch issue then outstanding, by instrument or instruments filed in the\noffice of the Register of the city of New York in the county of New York\nand proved or acknowledged in the same manner as a deed to be recorded,\nmay appoint a trustee to represent the holders of such bonds for the\npurposes herein provided.\n  2. Such trustee may, and upon written request of the holders of\ntwenty-five per centum in principal amount of such bonds then\noutstanding shall, in his or its own name\n  (a) by mandamus or other suit, action or proceeding at law or in\nequity enforce all rights of the bondholders, including the right to\nrequire the authority to collect revenues, rates, rentals, fees and\nother charges adequate to carry out any agreement as to, or pledge of\nsuch revenues, rates, rentals, fees and other charges and to require the\nauthority to carry out any other agreements with the holders of such\nbonds and to perform its duties under this title;\n  (b) bring suit upon such bonds;\n  (c) by action or suit in equity, require the authority to account as\nif it were the trustee of an express trust for the holders of such\nbonds;\n  (d) by action or suit in equity, enjoin any acts or things which may\nbe unlawful or in violation of the rights of the holders of such bonds;\n  (e) declare all such bonds due and payable, and if all defaults shall\nbe made good then with the consent of the holders of twenty-five per\ncentum of the principal amount of such bonds then outstanding, to annul\nsuch declaration and its consequences.\n  3. The supreme court shall have jurisdiction of any suit, action or\nproceeding by the trustee on behalf of bondholders.\n  4. Before declaring the principal of all such bonds due and payable\nthe trustee shall first give thirty days' notice in writing to the\nauthority.\n  5. Any such trustee whether or not the issue of bonds represented by\nsuch trustee be declared due and payable, shall be entitled as of right\nto the appointment of a receiver of any part or parts of the project the\nrevenues of which are pledged for the security of the bonds of such\nissue, and such receiver may enter and take possession of such part or\nparts of such project, and, subject to any pledge or agreement with\nbondholders, shall take possession of all moneys and other property\nderived from such part or parts of such project and proceed with any\nconstruction thereon or the acquisition of any property, real or\npersonal, in connection therewith which the authority is under\nobligation to do, and to operate, maintain and reconstruct such part or\nparts of the project and collect and receive all revenues thereafter\narising therefrom, subject to any pledge thereof or agreement with\nbondholders relating thereto, and perform the public duties and carry\nout the agreements and obligations of the authority under the direction\nof the court. In any suit, action or proceeding by the trustee the fees,\ncounsel fees and expenses of the trustee and of the receiver, if any,\nshall constitute taxable disbursements and all costs and disbursements\nallowed by the court shall be a first charge on any revenues derived\nfrom the project.\n  6. Such trustees shall in addition to the foregoing have and possess\nall of the powers necessary or appropriate for the exercise of any\nfunctions specifically set forth herein or incident to the general\nrepresentation of bondholders in the enforcement and protection of their\nrights.\n
N.Y. PBA Law § 1285-O — New York Code / Act PBA / Article 5 / Title 12 / Section 1285-O
Pipeline for jobs fund
Status: in_force

§ 1285-o. Pipeline for jobs fund. The corporation shall undertake to\nprovide financial assistance to recipients to encourage and support the\nplanning, design and construction of eligible projects which provide an\neconomic development benefit to the state.\n  1. There is hereby established in the custody of the corporation a\n"pipeline for jobs fund". The purpose of the pipeline for jobs fund\nshall be to provide financial assistance, as determined by the\ncorporation in consultation with the department of economic development,\nto recipients for the planning, design and construction of eligible\nprojects.\n  2. For purposes of this section, and notwithstanding any provision of\nlaw to the contrary, as used in this section:\n  (a) "Construction" means the erection, building, acquisition,\nalteration, reconstruction, improvement, enlargement or extension of an\neligible project; the inspection and supervision thereof; and the\nengineering, architectural, legal, fiscal, and economic investigations\nand studies, surveys, designs, plans, working drawings, specifications,\nprocedures, and other actions necessary thereto.\n  (b) "Eligible municipality" means any county, city, town or village\nlocated within the state.\n  (c) "Eligible project" means a project intended to create, improve or\nextend water supply facilities, including, but not limited to, drinking\nwater facilities and cold water supply facilities for economic\ndevelopment purposes on behalf of businesses, which may include projects\nthat may be eligible for financing under or designed to comply with the\nrequirements of the federal safe drinking water act or other applicable\nfederal laws and state drinking water quality goals and standards.\n  (d) "Financial assistance" means state assistance payments for the\nstate share of the cost of an eligible project, or any one or more of\nthe following types of financial assistance:\n  (i) loans to recipients for construction of eligible projects on such\nterms as the corporation may determine, subject to any applicable\nprovisions of federal or state law;\n  (ii) buying or refinancing debt obligations of recipients at market or\nbelow market rates, subject to any applicable provisions of federal or\nstate law;\n  (iii) guarantying, or purchasing insurance or other credit enhancement\nfor municipal obligations where such action would improve credit market\naccess for or reduce interest rates on such municipal obligations;\n  (iv) providing a source of revenue or security for payment of\nprincipal and interest on bonds or notes issued by the corporation if\nthe proceeds of the sale of such bonds or notes will be deposited in the\nfund; and\n  (v) providing interest rate subsidies from investment earnings on\ncorpus allocations to subsidize loans to recipients made from the\nproceeds of the corporation's bonds or notes.\n  (e) "Fund" means the pipeline for jobs fund established by this\nsection.\n  (f) "Recipient" means any eligible municipality, public utility,\npublic benefit corporation, or person, including any individual, firm,\npartnership, association, not-for-profit corporation or other\ncorporation organized and existing under the laws of the state or any\nother state which is empowered to construct and operate an eligible\nproject, or any two or more of the foregoing which are acting jointly in\nconnection with an eligible project.\n  3. Moneys in the fund shall be segregated from all other funds of or\nin the custody of the corporation. Moneys in the fund shall be used for\nany authorized purpose of the fund as provided and in accordance with\nthe provisions of this section.\n  4. The fund shall consist of:\n  (a) moneys appropriated by the legislature pursuant to a chapter of\nthe laws of nineteen hundred ninety-nine, or any reappropriation\nthereof, for the purpose of such fund or otherwise transferred by the\nstate for deposit therein by the comptroller as required by law;\n  (b) payments of principal and interest made by recipients pursuant to\nloan or other financing agreements entered into pursuant to this\nsection; provided, however, if financial assistance made pursuant to\nfinancing agreements is financed by the issuance of bonds or notes of\nthe corporation, deposit of such payments into the fund shall be subject\nto the rights of the holders of such bonds or notes to receive such\nmoneys;\n  (c) investment earnings on the amounts in such fund; and\n  (d) the proceeds of bonds or notes issued by the corporation for\npurposes of providing financial assistance to recipients.\n  5. Moneys in the fund may be invested by the corporation in accordance\nwith this title and pursuant to guidelines from time to time issued by\nthe corporation.\n  6. The corporation shall request applications from recipients to\nreceive financial assistance from the fund for eligible projects. The\ncorporation shall provide a list of the eligible projects and the\namounts available for financial assistance to the department of economic\ndevelopment, which department shall recommend to the corporation\nprojects to be financed from the moneys available. In making such\nrecommendations, the department of economic development shall give\nconsideration to eligible projects which have the potential to enhance\nthe state's technology industry development efforts.\n  7. The corporation shall promulgate regulations, developed in\nconsultation with the commissioner of economic development, the\ncommissioner of environmental conservation and the commissioner of\nhealth for the purpose of carrying out its responsibilities under this\nsection, including establishing the criteria and standards for\nevaluating the projects to be financed and determining the amount and\nkind of financial assistance to a recipient for an eligible project as\nwell as the terms of any financing agreement evidencing such financial\nassistance.\n  8. The provisions of subdivision eleven of section twelve hundred\neighty-five-m of this title shall be available to the corporation in the\nevent of a default under any financing agreement entered into by an\neligible municipality pursuant to this section.\n  9. (a) Notwithstanding the provisions of any general or special law to\nthe contrary, the corporation and the director of the budget are hereby\nauthorized to enter into a pipeline for jobs fund service contract or\ncontracts providing for the administration of the pipeline for jobs fund\nand the financing by such corporation of the contributions made by the\nstate to the pipeline for jobs fund. Any such contract or contracts\nshall be upon such terms and conditions as the corporation and the\ndirector of the budget shall determine to be reasonable, including, but\nnot limited to, provisions relating to the respective obligations of the\nstate and the corporation with respect to providing for the payment of\n(i) all fees and other charges of, and expenses incurred by, the\ncorporation in connection with the issuance and administration of bonds\nto provide funds to the state or reimburse the state for contributions\nto the pipeline for jobs fund and (ii) all debt service payments and\nrelated expenses on such bonds.\n  (b) Any such contract entered into pursuant to paragraph (a) of this\nsubdivision shall provide that the obligation of the state to fund or to\npay the amounts therein provided for shall not constitute a debt of the\nstate within the meaning of any constitutional or statutory provision\nand shall be deemed executory only to the extent of moneys available\ntherefore and that no liability shall be incurred by the state beyond\nthe moneys available for such purpose, and that such obligation is\nsubject to annual appropriation by the legislature.\n  (c) Any such contract or any payments made or to be made thereunder\nmay be assigned and pledged by the corporation as security for its bonds\nand notes issued for the purpose of financing the state contribution to\nthe pipeline for jobs fund.\n  (d) The comptroller is hereby authorized to receive from the\ncorporation any portion of bond proceeds paid to provide funds to or\nreimburse the state for its contribution to the pipeline for jobs fund\nand to credit such amounts to the capital projects fund.\n
N.Y. PBH Law § 1386 — New York Code / Act PBH / Article 13 / Title 12 / Section 1386
Duties of the commissioner
Status: in_force

§ 1386. Duties of the commissioner.  The commissioner of health shall\nconduct a study of both the long and the short term effects of health\nhazards associated with exposure to toxic substances emanating from\ncertain landfills.\n
N.Y. PBA Law § 1298 — New York Code / Act PBA / Article 5 / Title 12 / Section 1298
Title not affected if in part unconstitutional or ineffective
Status: in_force

§ 1298. Title not affected if in part unconstitutional or ineffective.\nIf any provision of any section of this title or the application thereof\nto any person or circumstance shall be adjudged invalid by a court of\ncompetent jurisdiction, such order or judgment shall be confined in its\noperation to the controversy in which it was rendered, and shall not\naffect or invalidate the remainder of any provision of any section of\nthis title or the application of any part thereof to any other person or\ncircumstance and to this end the provisions of each section of this\ntitle are hereby declared to be severable.\n
N.Y. PBH Law § 1389-E — New York Code / Act PBH / Article 13 / Title 12-A / Section 1389-E
Liability exemptions and defenses
Status: in_force

§ 1389-e. Liability exemptions and defenses. 1. Lender exemption. (a)\nFor purposes of this title no lender shall incur any liability from any\nstatutory claims of the state as an owner or operator of a site, or a\nperson responsible for the disposal of a hazardous waste at such site,\nprovided such lender, without participating in the management of such\nsite, holds indicia of ownership primarily to protect the lender's\nsecurity interest in the site or, if such lender did not participate in\nthe management of such site prior to a foreclosure on such site,\nnotwithstanding that such lender:\n  (1) forecloses on such site; and\n  (2) after foreclosure, sells, releases (in the case of a lease finance\ntransaction), or liquidates such site, maintains business activities,\nwinds up operations, or takes any other measure to preserve, protect or\nprepare such site prior to sale or disposition; provided, however, that\nsuch lender shall take actions to sell, release (in the case of a lease\nfinance transaction), or otherwise divest itself of such site at the\nearliest practicable, commercially reasonable time, on commercially\nreasonable terms, taking into account market conditions and legal and\nregulatory requirements.\n  (b) This exemption shall not apply to any lender that has caused or\ncontributed to the release or threatened release of a hazardous waste\nfrom or onto the site, or to any lender that generated, transported, or\ndisposed of, arranged for, or that caused the generation,\ntransportation, or disposal of hazardous waste from or onto such site.\n  (c) For purposes of this section:\n  (1) The term "participating in management" means actually\nparticipating in the management or operational affairs of a site and\ndoes not include merely having the capacity to influence, or the\nunexercised right to control, site operations.\n  (i) A lender who holds indicia of ownership primarily to protect a\nsecurity interest in such site shall be considered to participate in\nmanagement only if, while the borrower is in possession of such site\nencumbered by the security interest, the lender:\n  (A) exercises decision making control over the environmental\ncompliance related to such site, such that the lender has undertaken\nresponsibility for the hazardous waste handling or disposal practices\nrelated to such site; or\n  (B) exercises control at a level comparable to that of a manager of\nsuch site, such that the lender has assumed or manifested\nresponsibility:\n  (I) for the overall management of such site encompassing day-to-day\ndecision making with respect to environmental compliance; or\n  (II) over all or substantially all of the operational functions,\nexcluding financial or administrative functions, of such site other than\nthe function of environmental compliance.\n  (ii) The term "participate in management" does not include:\n  (A) Performing an act or failing to act prior to the time at which a\nsecurity interest is created in a site;\n  (B) Holding a security interest or abandoning or releasing a security\ninterest;\n  (C) Including in the terms of an extension of credit, or in a contract\nor security agreement relating to such extension, a covenant, warranty,\nor other term or condition that relates to environmental compliance;\n  (D) Monitoring or enforcing the terms and conditions of the extension\nof credit or security interest;\n  (E) Monitoring or undertaking one or more inspections of such site;\n  (F) Requiring a response action or other lawful means of addressing\nthe release or threatened release of a hazardous waste in connection\nwith such site prior to, during, or on the expiration of the term of the\nextension of credit;\n  (G) Providing financial or other advice or counseling in an effort to\nmitigate, prevent, or cure default or diminution in the value of such\nsite;\n  (H) Restructuring, renegotiating, or otherwise agreeing to alter the\nterms and conditions of the extension of credit or security interest,\nexercising forbearance;\n  (I) Exercising other remedies that may be available under applicable\nlaw for the breach of a term or condition of the extension of credit or\nsecurity agreement; or\n  (J) Conducting a response action under 42 U.S.C. Section 9607(d) or\nunder the direction of an on-scene coordinator appointed under the\nnational contingency plan if the actions do not rise to the level of\nparticipating in management within the meaning of this subparagraph.\n  (2) The term "extension of credit" includes a lease finance\ntransaction:\n  (i) In which the lessor does not initially select the leased site and\ndoes not during the lease term control the daily operations or\nmaintenance of such site; or\n  (ii) That conforms with regulations issued by the appropriate federal\nbanking agency or the appropriate state bank supervisor (as those terms\nare defined in section 3 of the federal deposit insurance act (12 U.S.C.\n1813)) or with regulations issued by the national credit union\nadministration board, as appropriate.\n  (3) The term "financial or administrative function" includes a\nfunction such as that of a credit manager, accounts payable officer,\naccounts receivable officer, personnel manager, comptroller, or chief\nfinancial officer, or a similar function.\n  (4) The terms "foreclosure" and "foreclose" mean, respectively,\nacquiring and to acquire, a site through:\n  (i) Purchase at sale under a judgment or decree, power of sale, or\nnonjudicial foreclosure sale;\n  (ii) A deed in lieu of foreclosure or similar conveyance from a\ntrustee;\n  (iii) Repossession if such site was security for an extension of\ncredit previously contracted;\n  (iv) Conveyance pursuant to an extension of credit previously\ncontracted, including the termination of a lease agreement; or\n  (v) Any other formal or informal manner by which the lender acquires,\nfor subsequent disposition, title to or possession of a site in order to\nprotect the lender's security interest.\n  (5) The term "lender" means:\n  (i) An insured depository institution as defined in section 3 of the\nfederal deposit insurance act (12 U.S.C 1813);\n  (ii) An insured credit union as defined in section 101 of the federal\ncredit union act (12 U.S.C. 1752);\n  (iii) A bank or association chartered under the farm credit act of\n1971 (12 U.S.C. 2001 et seq.);\n  (iv) A leasing or trust company that is an affiliate of an insured\ndepository institution;\n  (v) Any person, including a successor or assignee of any such person,\nthat makes a bona fide extension of credit to or takes or acquires a\nsecurity interest from a nonaffiliated person;\n  (vi) The federal national mortgage association, the federal home loan\nmortgage corporation, the federal agricultural mortgage corporation, or\nany other entity that in a bona fide manner buys or sells loans or\ninterests in loans;\n  (vii) A person that insures or guarantees against a default in the\nrepayment of an extension of credit, or acts as a surety with respect to\nan extension of credit, to a nonaffiliated person; and\n  (viii) A person that provides title insurance and that acquires a site\nas a result of assignment or conveyance in the course of underwriting\nclaims and claims settlement.\n  (6) The term "operational function" includes a function such as that\nof a site or plant manager, operations manager, chief operating officer,\nor chief executive officer.\n  (7) The term "security interest" includes a right under a mortgage,\ndeed of trust, assignment, judgment, lien, pledge, security agreement,\nfactoring agreement, or lease, and any other right accruing to a person\nto secure the repayment of money, the performance of a duty, or any\nother obligation by a nonaffiliated person.\n  2. Municipal exemption. (a) For the purposes of this title no public\ncorporation shall incur any liability from any statutory claims of the\nstate as an owner or operator of a site, or a person responsible for the\ndisposal of a hazardous waste at such site, if such public corporation\nacquired such site involuntarily, and such public corporation retained\nsuch site without participating in the development of such site.\n  (b) This exemption shall not apply to any public corporation that has\ncaused or contributed to the release or threatened release of a\nhazardous waste from or onto the site, or to any public corporation that\ngenerated, transported, or disposed of, arranged for, or that caused the\ngeneration, transportation, or disposal of hazardous waste, from or onto\nthe site.\n  (c) When used in this section:\n  (1) "Public corporation" means a public corporation as defined in\nsection sixty-five of the general construction law, a local public\nauthority, supervisory district, improvement district within a county,\ncity, town, or village, or Indian nation or tribe recognized by the\nstate or the United States with a reservation wholly or partly within\nthe boundaries of New York state, or any combination thereof.\n  (2) "Involuntary acquisition of ownership or control" includes but is\nnot limited to the following:\n  (i) Acquisitions by a public corporation in its sovereign capacity,\nincluding but not limited to acquisitions pursuant to abandonment\nproceedings or bequest;\n  (ii) Acquisitions by a public corporation, or its agent, acting as a\nconservator or receiver pursuant to a clear and direct statutory mandate\nor regulatory authority;\n  (iii) Acquisitions of assets through foreclosure and its equivalents,\nor otherwise, by a public corporation in the course of administering a\nloan, loan guarantee, tax lien, or tax forbearance agreement, or loan\ninsurance program; or\n  (iv) Acquisitions by a public corporation pursuant to seizure,\ninjunction, condemnation, or forfeiture authority; provided that such\nownership or control is not retained primarily for investment purposes.\n  (d) For the purpose of this section, the terms "foreclosure" and\n"foreclose" mean, respectively, acquiring or to acquire a brownfield\nsite through:\n  (1) purchase at sale under a judgment or decree, power of sale, or\nnon-judicial foreclosure sale;\n  (2) a deed in lieu of foreclosure, or similar conveyance, or\nabandonment from a person or trustee;\n  (3) conveyance pursuant to an extension of credit or tax forbearance\npreviously contracted; or\n  (4) any other formal or informal manner by which a person acquires,\nfor subsequent disposition, title to or possession of a site in order to\nprotect the security interest of the public corporation or lender.\n  (e) "Participating in development" means the carrying out, or causing\nor permitting the carrying out, of any above-grade improvements to the\nsite or any other environmental investigation or remediation, except for\nthose improvements which are part of a site remedial program pursuant to\nthis article or in furtherance of site safety, such as fencing or\nlighting, but does not include licensing, regulatory oversight, or the\nmere capacity to regulate or influence, or the unexercised right to\ncontrol the operation of the property. For purposes of this section,\nparticipating in development does not include:\n  (1) having the capacity to influence management of a site;\n  (2) having the unexercised right to control or to regulate the site or\noperations thereof;\n  (3) holding, abandoning, or releasing a security interest or tax lien\non such site;\n  (4) including a condition relating to environmental compliance in a\ncontract, permit, license, or security agreement;\n  (5) monitoring or enforcing the terms and conditions of an agreement\nor tax forbearance agreement;\n  (6) monitoring or undertaking one or more inspections of a site\nincluding, but not limited to, boring test wells;\n  (7) exercising other remedies available under applicable laws;\n  (8) licensing, permitting, or granting permits, certificates of\noccupancy and variances as allowed by law and/or regulation;\n  (9) applying for or participating in federal or state statutory\nprograms or benefits; or\n  (10) declining to take any of the actions described in subparagraphs\none through nine of this paragraph.\n  (f) Any public corporation that has taken possession of a site shall\nnotify the department of any release of hazardous waste within ten days\nof obtaining actual knowledge of such release, unless a shorter notice\nperiod is required under any other provision of law, in which case the\nshorter notice period controls. Failure to notify the department within\nthe ten day or shorter notification period shall result in the loss of\nthe exemption set forth in this section.\n  3. Fiduciary liability cap. For the purpose of this title, liability\non the part of a fiduciary shall not exceed the assets held in the\nfiduciary capacity if such person is not liable independently of such\nperson's ownership as a fiduciary or actions taken in a fiduciary\ncapacity including, but not limited to, the fiduciary's negligently\ncausing or contributing to the release or threatened release of\nhazardous waste at such site.\n  (a) For purposes of this subdivision:\n  (1) the term "fiduciary" means a person acting for the benefit of\nanother party as a bona fide trustee; executor; administrator;\ncustodian; guardian of estates or guardian ad litem; receiver;\nconservator; committee of estates of incapacitated person; personal\nrepresentative; trustee (including a successor to a trustee) under an\nindenture agreement, trust agreement, lease, or similar financing\nagreement, for debt securities, certificates of interest or certificates\nof participation in debt securities, or other forms of indebtedness as\nto which the trustee is not, in the capacity of trustee, the lender; or\nrepresentative in any other capacity that the department, after\nproviding public notice, determines to be similar to the various\ncapacities previously described in this paragraph; and does not include\neither a person that is acting as a fiduciary with respect to a trust or\nother fiduciary estate that was organized for the primary purpose of, or\nis engaged in, actively carrying on a trade or business for profit,\nunless the trust or other fiduciary estate was created as part of, or to\nfacilitate, one or more estate plans or because of the incapacity of a\nnatural person or a person that acquires ownership or control of a\nproperty with the objective purpose of avoiding liability of the person\nor any other person.\n  (2) the term "fiduciary capacity" means the capacity of a person in\nholding title to a property, or otherwise having control of or an\ninterest in a property, pursuant to the exercise of the responsibilities\nof the person as a fiduciary.\n  (b) Nothing in this subdivision affects the rights or immunities or\nother defenses that are available under law that are applicable to a\nperson subject to this section; or creates any liability for a person or\na private right of action against a fiduciary or any other person.\n  (c) Nothing in this subdivision applies to a person if that person\nacts in a capacity other than that of a fiduciary or in a beneficiary\ncapacity and in that capacity, directly or indirectly, benefits from a\ntrust or fiduciary relationship; or is a beneficiary and a fiduciary\nwith respect to the same fiduciary estate and, as a fiduciary, receives\nbenefits that exceed customary or reasonable compensation, and\nincidental benefits, permitted under other applicable law.\n  (d) This subdivision does not preclude a claim under this chapter\nagainst the assets of the estate or trust administered by the fiduciary;\nor a nonemployee agent or independent contractor retained by a\nfiduciary.\n  4. Affirmative defenses. (a) There shall be no liability under this\ntitle for a person otherwise liable who can establish by a preponderance\nof the evidence that the significant threat to the environment\nattributable to hazardous waste disposed at an inactive hazardous waste\ndisposal site was caused solely by: (1) an act of God; (2) an act of\nwar; or (3) an act or omission of a third party other than an employee\nor agent of such person, or than one whose act or omission occurs in\nconnection with a contractual relationship existing directly or\nindirectly with such person (except where the sole contractual\narrangement arises from a published tariff and acceptance for carriage\nby a common carrier or rail), if such person establishes by a\npreponderance of the evidence that: (i) such person exercised due care\nwith respect to the hazardous waste concerned, taking into consideration\nthe characteristics of such hazardous waste, in light of all relevant\nfacts and circumstances, and (ii) took precautions against foreseeable\nacts or omissions of any such third party and the consequences that\ncould foreseeably result from such acts or omissions; or any combination\nof them.\n  (b) For purposes of this section, (1) the term "act of God" means an\nunanticipated grave natural disaster or other natural phenomenon of an\nexceptional, inevitable, and irresistible character, the effects of\nwhich could not have been prevented or avoided by the exercise of due\ncare or foresight, (2) the term "contractual relationship" includes, but\nis not limited to, land contracts, deeds, or other instruments\ntransferring title or possession, unless the real property on which the\nsite concerned is located was acquired by such person after the disposal\nor placement of the hazardous waste on, in, or at such site, and such\nperson establishes one or more of the circumstances described in clause\n(i), (ii), or (iii) of this subparagraph by a preponderance of the\nevidence:\n  (i) At the time such person acquired the site, such person did not\nknow and had no reason to know that any hazardous waste which is the\nsubject of the significant threat determination was disposed of on, in,\nor at the site; or\n  (ii) Such person is a government entity which acquired the site by\nescheat, or through any other involuntary transfer or acquisition or\nthrough the exercise of eminent domain authority by purchase or\ncondemnation; or\n  (iii) Such person acquired the site by inheritance or bequest. In\naddition to establishing the foregoing, the person must establish that\nhe or she has satisfied the requirements of clauses (i) and (ii) of\nsubparagraph three of paragraph (a) of this subdivision, provides full\ncooperation, assistance, and site access to the persons that are\nauthorized to conduct remedial actions at the site (including the\ncooperation and access necessary for the installation, integrity,\noperation, and maintenance of any complete or partial remedial action at\nthe site), is in compliance with any land use restrictions established\nor relied on in connection with the remedial action at a site, and does\nnot impede the effectiveness or integrity of any institutional and/or\nengineering control employed at the site in connection with a remedial\naction.\n  (c)(1) To establish that the person had no reason to know of the\nmatter described in clause (i) of subparagraph two of paragraph (b) of\nthis subdivision, the person must demonstrate to a court that:\n  (i) on or before the date on which the person acquired the site, the\nperson carried out all appropriate inquiries, as provided in\nsubparagraphs two and four of this paragraph, into the previous\nownership and uses of the site in accordance with generally accepted\ngood commercial and customary standards and practices; and\n  (ii) the person took reasonable steps to:\n  (A) stop any continuing release;\n  (B) prevent any threatened future release; and\n  (C) prevent or limit any human, environmental, or natural resource\nexposure to any previously released hazardous waste.\n  (2) Not later than one year after the effective date of this section,\nthe commissioner shall by regulation establish standards and practices\nfor the purpose of satisfying the requirement to carry out all\nappropriate inquires under subparagraph one of this paragraph.\n  (3) In promulgating regulations that establish the standards and\npractices referred to in subparagraph two of this paragraph, the\ncommissioner shall include each of the following:\n  (i) the results of an inquiry by an environmental professional;\n  (ii) interviews with past and present owners, operators, and occupants\nof the site for the purpose of gathering information regarding the\npotential for contamination at the site;\n  (iii) reviews of historical sources, such as chain of title documents,\naerial photographs, building department records, and land use records,\nto determine previous uses and occupancies of the real property since\nthe property was first developed;\n  (iv) searches for recorded environmental cleanup liens against the\nsite that are filed under federal, state, or local law;\n  (v) reviews of federal, state, and local government records, waste\ndisposal records, underground storage tank records, and hazardous waste\nhandling, generation, treatment, disposal, and spill records, concerning\ncontamination at or near the site;\n  (vi) visual inspections of the site and of adjoining properties;\n  (vii) specialized knowledge or experience on the part of the person;\n  (viii) the relationship of the purchase price to the value of the\nproperty, if the property was not contaminated;\n  (ix) commonly known or reasonably ascertainable information about the\nproperty;\n  (x) the degree of obviousness of the presence or likely presence of\ncontamination at the property, and the ability to detect the\ncontamination by appropriate investigation.\n  (4)(i) With respect to property purchased before May thirty-first,\nnineteen hundred ninety-seven, in making a determination with respect to\na person described in subparagraph one of this paragraph a court shall\ntake into account:\n  (A) any specialized knowledge or experience on the part of the person;\n  (B) the relationship of the purchase price to the value of the\nproperty, if the property was not contaminated;\n  (C) commonly known or reasonably ascertainable information about the\nproperty;\n  (D) the obviousness of the presence or likely presence of\ncontamination at the property; and\n  (E) the ability of the person to detect the contamination by\nappropriate inspection.\n  (ii) With respect to property purchased on or after May thirty-first,\nnineteen hundred ninety-seven, and until the commissioner of\nenvironmental conservation promulgates the regulations described in\nsubparagraph two of this paragraph, the procedures of the American\nSociety for Testing and Materials, including the document known as\n"Standard E1527-97", entitled 'Standard Practice for Environmental Site\nAssessment: Phase 1 Environmental Site Assessment Process', shall\nsatisfy the requirements in subparagraph one of this paragraph.\n  (5) In the case of property for residential use or other similar use\npurchased by a nongovernmental or noncommercial entity, a site\ninspection and title search that reveal no basis for further\ninvestigation shall be considered to satisfy the requirements of this\nsubparagraph.\n  (d) Nothing in this subdivision shall diminish the liability of any\nprevious owner or operator of the site who would otherwise be liable\nunder this title. Notwithstanding this subdivision, if such person\nobtained actual knowledge of the release or threatened release of a\nhazardous waste at the site when such person owned the site and then\nsubsequently transferred ownership of the site to another person without\ndisclosing such knowledge, such person shall be treated as a person\nresponsible for the disposal of hazardous waste at the site, and no\ndefense under this subdivision shall be available to such person.\nNothing in this subdivision shall affect the liability under this\nsection of a person who, by any act or omission, caused or contributed\nto the release or threatened release of a hazardous waste which is the\nsubject of such proceeding relating to such site.\n
N.Y. PBH Law § 1387 — New York Code / Act PBH / Article 13 / Title 12 / Section 1387
Contracts
Status: in_force

§ 1387. Contracts.  The commissioner of health is authorized to enter\ninto contracts and agreements with individuals, corporations and\nmunicipalities to perform the study herein directed to alleviate the\nspecific hazard to which the general public or members thereto may be\nexposed as the result of toxic substances emanating from landfills.\n
N.Y. VAT Law § 3001 — New York Code / Act VAT / Title 12 / Article 49 / Section 3001
Short title
Status: in_force

§ 3001. Short title.  This chapter shall be known as the vehicle and\ntraffic law.\n
N.Y. ENV Law § 11-1211 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1211
Savings clause
Status: in_force

§ 11-1211. Savings clause.\n  If any word, clause, sentence, paragraph, section, or other part of\nthis title is adjudged by any court of competent jurisdiction to be\ninvalid, such judgment shall not affect, impair, or invalidate the\nremainder of this title, but shall be confined in its operation to the\nword, clause, sentence, paragraph, section, or other part thereof,\ndirectly involved in the controversy in which such judgment is rendered.\n
N.Y. ENV Law § 11-1201 — New York Code / Act ENV / Article 11 / Title 12 / Section 11-1201
Definitions
Status: in_force

§ 11-1201. Definitions.\n  For the purposes of this title:\n  1. "Hunting" means shooting or killing wildlife, including shooting or\nkilling wildlife lawfully trapped or otherwise reduced to possession, or\npursuing or capturing wildlife with any weapon, projectile, or other\ndevice or instrumentality; and includes all lesser acts such as\ndisturbing, harrying, or worrying, whether they result in taking or not,\nwhen done with the aid or accompaniment of any weapon, projectile, or\nother device or instrumentality; and every attempt to take and every act\nof assistance to any other person in taking or attempting to take\nwildlife, when done with the aid or accompaniment of any weapon,\nprojectile, or other device or instrumentality. "Wildlife" as used in\nthis subdivision means "wildlife" as that term is defined in subdivision\nsix of section 11-0103 of the environmental conservation law.\n  2. "Intoxicated condition" shall mean the presence of .08 of one per\ncentum or more by weight of alcohol in a person's blood as shown by\nchemical analyses of his blood, breath, urine, or saliva made pursuant\nto section 11-1205 of this title. An "impaired condition" shall mean a\nstate of impairment of a person's capacity to think or act correctly, or\nof a loss, even in part of a person's control of his physical or mental\nfaculties due to his consumption of alcohol or use of a drug.\n  3. "Drug" means "drug" as that term is defined in section one hundred\nfourteen-a of the vehicle and traffic law.\n  4. "License to hunt", or "permit to hunt" means any license, permit,\nor other privilege granted pursuant to section 11-0701 of this article\nwhich authorizes the holder to hunt wildlife.\n
N.Y. LFN Law § 161.00 — New York Code / Act LFN / Article 2 / Title 12 / Section 161.00
Negotiability of obligations
Status: in_force

§ 161.00 Negotiability of obligations.  All bonds and notes of a\nmunicipality, school district or district corporation, including notes\nissued by a city school district pursuant to section 26.00 of this\nchapter, whether payable to bearer or in registered form, shall be\nnegotiable instruments within the meaning of article eight of the\nuniform commercial code, except that such bonds or notes which have been\nregistered shall be transferred only in the manner provided in paragraph\nb of section 75.00 of this chapter.\n
N.Y. PBA Law § 1981 — New York Code / Act PBA / Article 8 / Title 12 / Section 1981
Exemption from taxes
Status: in_force

§ 1981. Exemption from taxes. 1. It is hereby determined that the\ncreation of the authority and the carrying out of its corporate purposes\nis in all respects for the benefit of the people of the state of New\nYork, the county of New York, and the city, and is a public purpose, and\nthe authority shall be regarded as performing a governmental function in\nthe exercise of the powers conferred upon it by this title and shall be\nrequired to pay no taxes upon any of the properties acquired by it or\nunder its jurisdiction or control or supervision or upon its activities.\n  2. All bonds, notes and other obligations issued pursuant to this\ntitle, together with the income therefrom, as well as the income and\nproperty of the authority, shall be exempt from taxation, except for\ntransfer and estate taxes.\n
N.Y. SOS Law § 458-O — New York Code / Act SOS / Article 6 / Title 12-A / Section 458-O
Differential response programs for children under twelve
Status: in_force

§ 458-o. Differential response programs for children under twelve.  1.\nEach local social services district, upon the approval of the office of\nchildren and family services, shall establish a program that implements\ndifferential responses to provide services to children under twelve\nyears of age, who do not fall under the definition of juvenile\ndelinquent pursuant to subparagraph (iii) of paragraph (a) of\nsubdivision one of section 301.2 of the family court act and whose\nbehavior, but for their age, would bring them within the jurisdiction of\nthe family court pursuant to article three of the family court act. Such\nprograms shall establish and utilize appropriate assessments and\nservices for youth, in order to help reduce future interaction with the\njuvenile justice and/or child welfare systems. Such assessments shall be\nused to determine what, if any, services are needed, and such services\nshall utilize the least restrictive intervention protocols available.\nNotwithstanding any other provision of law to the contrary, the\nprovisions of this section shall apply only to those cases involving\nchildren under twelve years of age, who do not fall under the definition\nof juvenile delinquent pursuant to subparagraph (iii) of paragraph (a)\nof subdivision one of section 301.2 of the family court act and whose\nbehavior, but for their age, would bring them within the jurisdiction of\nthe family court pursuant to article three of the family court act.\n  2. To establish a differential response program, each local social\nservices district, as part of their district-wide child welfare services\nplan, as defined in section four hundred nine-d of this article, shall\ninclude a plan to serve the youth described in subdivision one of this\nsection while utilizing certain criteria to be promulgated in regulation\nby the office of children and family services including but not limited\nto the following:\n  (a) the types of assessment to determine whether services are\nnecessary, services and interventions to be provided to children and\nfamilies included in the differential response program for such children\nand a description of how the services will be offered. Such services\nshall include, but not be limited to, those services set forth in\nsection four hundred nine-a of this article and section four hundred\nfifty-eight-m of this article;\n  (b) a description of the process to be followed for planning and\nmonitoring the services provided under the differential responses;\n  (c) a description of how the differential response program will\nenhance the ability of the district to reduce future interactions with\nthe juvenile justice and child welfare systems, ensure the safety and\nwell-being of such children, and ways to ensure such program addresses\nadverse impacts on minority communities;\n  (d) a description of the training that will be provided to district\nand any non-district staff to be used in the differential response\nprogram including, but not limited to, a description of the training set\nforth in section eight hundred forty of the executive law for police\nofficers whose main responsibilities are juveniles and the laws\npertaining thereto; and\n  (e) a description of any additional funding that may be utilized to\nenhance the differential response program.\n  3. (a) All records created as part of the differential response\nprogram for children described in subdivision one of this section shall\ninclude, but not be limited to, the initial and any subsequent reasons\nwhy a differential response is recommended for a child, documentation of\nall services offered and accepted by such child and their family, the\nplan for supportive services for the child and their family, and all\nevaluations and assessments of the child's progress.\n  (b) Records created under the differential response program for the\nchildren described in subdivision one of this section shall be\nmaintained for five years after a child is referred to a local social\nservices district for intervention as described in this section or until\nthe child reaches the age of twelve, whichever is sooner.\n  (c) All reports assigned to, and records created under, the\ndifferential response program, including but not limited to reports made\nor written as well as any other information obtained or photographs\ntaken concerning such reports or records shall be confidential, shall be\nmade available only to an entity listed below which has been involved in\nthe particular youth's service delivery, and shall not be redisclosed,\nexcept as authorized pursuant to subparagraph (vi) of this paragraph,\nutilizing non-identifying aggregated information. Such entities shall\ninclude:\n  (i) staff of the office of children and family services and persons\ndesignated by the office of children and family services;\n  (ii) the social services district responsible for the differential\nresponse program for children described in subdivision one of this\nsection;\n  (iii) a community-based agency that has a contract with the social\nservices district to carry out activities for the district under the\ndifferential response program;\n  (iv) a provider of services under the differential response program;\n  (v) the child, or to their parent or legal guardian, and the attorney\nfor the child; and\n  (vi) the office of children and family services and social services\ndistricts for the sole purpose of preparing the report required pursuant\nto subdivision five of this section.\n  4. Expenditures by a social services district pursuant to this section\nshall be reimbursable from the annual appropriations available for\nsocial services district expenditures for child welfare services which\nshall include, but not be limited to, preventive services provided\npursuant to section four hundred nine-a of this article, funding for\nfamily support services programs as set forth in section four hundred\nfifty-eight-n of this article and supervision and treatment services for\njuveniles program as set forth in section five hundred twenty-nine-b of\nthe executive law. Nothing shall preclude a social services district\nfrom seeking private funds for support of their differential response\nprograms.\n  5. The office of children and family services shall report on the\ndifferential response programs established pursuant to this section,\nincluding the local social services district's efforts to reduce future\ninteractions with the juvenile justice and child welfare systems, how\nthe local social services districts are ensuring the safety and\nwell-being of such children, and how the program is addressing adverse\nimpacts on minority communities, on an annual basis beginning one year\nfrom the start of every local social services district's differential\nresponse program.\n