NY Pub Bldgs L § 3 (2021)
2021 New York Laws PBB - Public Buildings Article 2 - Commissioner of General Services 3 - General Powers and Duties of the Commissioner of General Services.

§ 3. General   powers  and  duties  of  the  commissioner  of  general services.  The commissioner of general services is authorized to:   1. accept and receive for erection or location in any  of  the  public buildings  or  grounds  such  statues,  monuments,  memorials or tablets having reference to historical events in the  history  or  acts  of  the citizens  or  soldiers  of  the  state  of  New  York  as shall meet his approval, provided that such gifts are unconditional and are erected  or located without expenditure from the state treasury.   2. cause the flags of the United States and the state flag bearing the arms  of the state, to be displayed upon the capitol building during the daily sessions of the legislature and on public occasions, and cause the necessary flagstaffs to be erected  therefor.  Cause  the  flag  of  the United  States  to be appropriately displayed at all times in the senate chamber and in the assembly chamber. Cause the flag of the United States to be appropriately displayed upon  the  walls  of  any  hall  or  other meeting  place  in  a  public building under his supervision and control during any meeting or gathering  of  persons  to  which  the  public  is invited.  The  necessary  expenses incurred thereby shall be paid out of the treasury on the warrant of the comptroller.   3. without process and of his own authority, arrest and convey to  any magistrate in the county of Albany any person found disorderly or in the commission  of  a  breach  of  the  peace  within any building or on any grounds under his supervision and control and designate employees in the unit having charge of the operation and maintenance of public  buildings and grounds, who, on taking and filing an oath of office with the county clerk  of  Albany  county,  shall  have  the  same  power  of arrest and presentment of complaint as the commissioner of general services.   4. Notwithstanding the provisions of this chapter or of any general or special law, and whenever funds therefor  are  available  or  have  been otherwise  provided,  the  commissioner  of  general  services is hereby authorized and empowered, subject to the approval of the division of the budget,  to  retain  and  employ  private  engineers,   architects   and consultants,  or  firms practicing such professions, for the purposes of (1) preparing designs, plans and estimates of structures of any type and character, (2) rendering assistance and  advice  in  connection  of  any project,  whether  defined or proposed, and under the supervision of the office of general services, and (3) performing such other and  necessary services  as  the commissioner of general services may deem necessary in the administration of the office of general services.   5. The commissioner of general services shall have power and it  shall be his duty to prepare the plans, specifications, designs and estimates, and, by the procedure and methods provided by the laws relating thereto, to  construct  and  reconstruct  the public buildings and grounds of the state that are now or shall hereafter be under the jurisdiction  of  the office of general services for such purposes.   6.  Any  other  provision  of law to the contrary notwithstanding, the commissioner of general services may make any agreements with respect to any lands or properties acquired for  state  purposes  in  the  city  of Albany pursuant to the recommendations of the temporary state commission on  the  capital city, whereby such lands and properties may continue to be occupied and used by the former owners, their tenants or assigns,  or any  other  person or persons, for a period from the date of acquisition of such lands and properties until  such  time  as  the  state  requires actual  physical  possession,  provided  that  during the period of such occupancy, such lands shall remain on the assessment rolls of  the  city of  Albany  and shall be subject to real estate taxes and assessments in the same manner as privately owned lands. The right of the former  owner or  such  other  person or persons to occupy and use such lands shall be  conditioned on the prompt payment of the full amount of such  taxes  and assessments, with interest and penalties, if any. The state shall not in any  event be liable for real estate taxes or assessments on such lands. The  agreement  may  also  provide  for  such other terms, including any additional payments as net rentals, as the parties  may  stipulate.  The relationship  of the state and such occupants shall be deemed to be that of landlord and tenant. A copy of any such agreement shall be filed with the county clerk of the county of Albany. Any other provision of law  to the  contrary  notwithstanding, the commissioner of general services may also enter into contracts or agreements with any other state  agency  or any  person,  firm or corporation for the management or operation of any such lands or properties until such time as the  state  requires  actual physical possession.   7. The provisions of this article and sections one hundred forty-three and  one  hundred forty-four of the state finance law shall not apply to academic  buildings,  dormitories,  and  other  facilities  constructed, acquired,  reconstructed,  rehabilitated  or improved for the use of the state university of  New  York  or  any  state-operated  institution  or statutory  or contract college under the jurisdiction thereof or for the use of the students, faculty and staff of the state  university  or  any such  state-operated  institution or statutory or contract college under the jurisdiction thereof, and their families, or  to  contracts  entered into  by  the state university construction fund or the state university trustees pursuant to article eight-a of the education  law  or  to  real property  held  in  the  name  of  the  state  for purposes of the state university of New York or any state-operated institution or statutory or contract college under the jurisdiction thereof. However, the office  of general  services, by or through the commissioner of general services or his  duly  authorized  officer  or  employee,  may  construct,  acquire, reconstruct,  rehabilitate or improve such facilities in accordance with the provisions of article eight-a  of  the  education  law  pursuant  to agreement  with the state university construction fund, as agent for the state university of New York.   8. The provisions of this article and sections one hundred forty-three and one hundred forty-four of the state finance law shall not  apply  to mental   hygiene   facilities   constructed,   acquired,  reconstructed, rehabilitated or improved pursuant to  the  health  and  mental  hygiene facilities  improvement act or to contracts entered into by the trustees of the mental hygiene  facilities  improvement  fund  or  by  the  state housing  finance agency in relation thereto, or to real property held in the name of the state for the corporate purposes of  such  fund,  except that the provisions of this article and sections one hundred forty-three and  one hundred forty-four of the state finance law shall apply, so far as practicable, to such mental hygiene facilities  as  are  constructed, acquired,  reconstructed,  rehabilitated or improved by the commissioner of general services under an agreement made with  the  trustees  of  the mental  hygiene facilities improvement fund. The commissioner of general services is hereby authorized and  empowered  to  enter  into  any  such agreement  with the said trustees, upon such terms and conditions as may be mutually acceptable  and  in  accordance  with  any  requirements  of subdivision  two  of  section  nine  of  the  health  and mental hygiene facilities improvement act relating to the approval of the  commissioner of mental hygiene as to architectural concept and the detailed plans and specifications,  the  approval  of  the said trustees as to the proposed terms of construction contracts to be let by the commissioner of general services under such  agreement,  the  supervision  of  the  work  to  be performed, and the certification of bills for payment by the trustees of the mental hygiene facilities improvement fund.    9.  (a)  The commissioner of general services shall have the power and it shall be his or her duty to equip that  room  in  the  state  capitol customarily utilized by the governor to brief the members of the working press  and  news media with an assistive listening system for use by the deaf and hard of hearing.  (b)  For  purposes  of  this  section,  the  term "assistive listening system" shall mean situational-personal acoustic communication equipment designed to improve the transmission and auditory  reception  of  sound. Such  system  shall  include  but  not be limited to the use of standard amplitude modulation (AM), frequency modulation  (FM),  audio  induction loop, infrared light sound, or hard wire systems.   10. Notwithstanding any provision of this article or of any general or special  law,  upon  written  certification  by the department or agency having jurisdiction that efficiency or economy  will  result  therefrom, the  commissioner  of  general  services  may adopt and use standardized specifications for a  particular  type,  class  or  item  of  equipment, material  or  system  to  be  included  in  the plans and specifications prepared pursuant to this article. Such plans and  specifications  shall conform with sections seven thousand two hundred nine and seven thousand three hundred seven of the education law.   11.  Allot  to  the  legislature  and to the departments, commissions, boards and officers of the state government such space and room  in  the public  buildings  or  leased  space  that are now or shall be hereafter under the  supervision  and  control  of  the  commissioner  of  general services.  Space  in  the state capitol occupied by the legislature, and committees and offices thereof, shall not be  reduced  nor  other  space substituted  therefor without the approval of the temporary president of the senate and speaker of the assembly. Where  a  statute  provides,  in terms  or effect, that a department, commission, board or officer of the state government shall have space or rooms in the state capitol, or in a building in the city of Albany which is now or which shall hereafter  be under  the  supervision  and  control  of  the  commissioner  of general services, the commissioner may, if space in the capitol or in  any  such building  be  not  adequate or available therefor, assign space or rooms therefor in buildings, rooms or premises in such city that  are  now  or that shall be hereafter available by lease or leases as aforementioned.   * 12.  Lease  from  time  to  time buildings, rooms or premises in the county of Albany, and elsewhere as required,  for  providing  space  for departments,  commissions,  boards and officers of the state government, upon such terms and conditions as he or she deems most  advantageous  to the  state.  Any  such lease shall, however, be for a term not exceeding ten years, except that, the commissioner of general services  may  enter into leases for a term not exceeding fifteen years when, in the judgment of  such  commissioner, such longer term is in the best interests of the state. Any such lease may provide for optional renewals on the  part  of the state, for terms of ten years or less. Each such lease shall contain a  clause  stating  that  the  contract of the state thereunder shall be deemed executory only to the extent of  moneys  available  therefor  and that  no  liability  shall  be  incurred  by  the state beyond the money available for such purpose. Notwithstanding the provisions of any  other law,   except   section   sixteen  hundred  seventy-six  of  the  public authorities law relating to use of dormitory authority facilities by the aged, the commissioner of general services shall have sole and exclusive authority to lease space for state departments,  agencies,  commissions, boards and officers within the county of Albany. Any buildings, rooms or premises,  now or hereafter held by the commissioner of general services under lease, may be sublet, in part or in whole, provided  that  in  the judgment of such commissioner, and the occupying department, commission,  board,  and  officers  of the state government, such buildings, rooms or premises are not for a time needed. Notwithstanding any other  provision of law to the contrary, if bonds or notes are issued pursuant to section sixteen  hundred  eighty-n of the public authorities law for the purpose of acquiring a building or other facility previously financed by a lease or lease-purchase obligation as  authorized  herein,  the  state  agency which  is  the  tenant  in  occupancy  shall  be authorized to remit tax payments or payments in  lieu  of  thereof  to  the  appropriate  taxing authority  in  a manner consistent with the process and term established under the original lease or lease-purchase for the subject property  for a  period  coincident  with  the term of the lease as established at the commencement of the term thereof. The state may undertake  a  certiorari review of assessments that may be imposed from time to time.   * NB Effective until June 30, 2030   * 12.  Lease  from  time  to  time buildings, rooms or premises in the county of Albany, and elsewhere as required,  for  providing  space  for departments,  commissions,  boards and officers of the state government, upon such terms and conditions as he or she deems most  advantageous  to the  state.  Any  such lease shall, however, be for a term not exceeding ten years, but may provide for optional renewals  on  the  part  of  the state,  for  terms of ten years or less. Each such lease shall contain a clause stating that the contract of the state thereunder shall be deemed executory only to the extent of moneys available therefor  and  that  no liability  shall be incurred by the state beyond the money available for such purpose. Notwithstanding the provisions of any  other  law,  except section  sixteen  hundred  seventy-six  of  the  public  authorities law relating to use of dormitory  authority  facilities  by  the  aged,  the commissioner of general services shall have sole and exclusive authority to  lease space for state departments, agencies, commissions, boards and officers within the county of Albany. Any buildings, rooms or  premises, now  or  hereafter  held  by  the commissioner of general services under lease, may be sublet, in part or in whole, provided that in the judgment of the commissioner, and the occupying  department,  commission,  board, and  officers of the state government, such buildings, rooms or premises are not for a time needed.   * NB Effective June 30, 2030   13. (a) In his or her discretion, lease space in any  public  building or  other premises under his or her supervision and control, pursuant to this article, to any person, firm or corporation, for the  operation  of restaurants,  retail  stores, vending stands for the sale of newspapers, periodicals, confections, tobacco products and such  other  articles  as may  be  approved  by the commissioner for each stand, and for bootblack service. Any such lease shall be subject to such terms and conditions as he or she may deem proper, but for a  term  not  exceeding  five  years, except  that the commissioner may, in his or her discretion, lease space for a term of not more than ten  years  where  extensive  renovation  or repair  to  or  improvement of the space is required of or by the lessee and the commissioner determines that it  is  reasonable  for  the  costs thereof  to  be  amortized  over a term greater than five years. Nothing herein shall restrict the commissioner from providing in any such  lease for its renewal or extension, at the commissioner's option, for terms of five  years  or  less.  However,  in order to provide blind persons with remunerative  employment,  enlarge  their  economic  opportunities   and facilitate  their  efforts  to  be  self-supporting,  whenever feasible, permits shall be given to the state department of  social  services  for the operation of vending stands and machines.  (b)  Issue  to the office of children and family services a permit for any of the purposes mentioned in this subdivision to be  operated  by  a  blind  person  or  persons as defined in subdivision four of section two hundred eight of the social services law or for the operation of vending machines and  similar  devices  dispensing  food,  confections,  tobacco products,  coffee, tea, milk, soft drinks and such other articles as may be approved by him or her in consultation with the  office  of  children and  family  services,  for  the  benefit of the general purposes of the business enterprise program for the blind of the office of children  and family  services  commission  for  the  blind,  and  upon such terms and conditions as the commissioner may deem proper but without provision for payment of rent or other consideration for such permits, and for a  term not exceeding five years, which permit may be extended and renewed. Such permit  shall include a provision authorizing the office of children and family services to assign or transfer such permit to a blind  person  or persons, as herein referred to, for the purposes aforesaid, and it shall also  provide that the office of children and family services shall send to the commissioner a notice of any assignment or transfer as aforesaid, which notice shall contain such information as  the  commissioner  shall require. The permit and any assignment or transfer thereof shall reserve (i)  to  the  office  of  children  and  family  services  the  power of supervision over the conduct  and  operation  of  the  premises  covered thereby  and  (ii)  to the commissioner of general services the right to revoke such permit or  the  assignment  or  transfer  thereof  upon  the mailing  to the last known address of the assignee or assignees a notice of such revocation to be effected within such  period  of  time  as  the commissioner shall deem to be reasonable.  (c)  If  he  or  she shall deem it necessary to cause the removal of a lessee, licensee or assignee from the demised premises, other  than  the New   York  state  commission  for  the  blind,  or  its  licensee,  the commissioner of general services shall cause  the  lessee,  licensee  or assignee  and  his or her representative to be removed therefrom and the possession to be delivered to the commissioner of  general  services  in the same manner and by the same proceedings and before the same officers as  provided  for  in  article  seven  of  the real property actions and proceedings law. The proceedings shall be brought in  the  name  of  the commissioner of general services as an agent of the state. If any person proceeded  against  shall  contest the petition by an answer raising any material issue the attorney general shall be notified,  and  he  or  she thereafter shall represent the petitioner in the proceedings.   14.  Where  the  use of any state-owned real property is not presently required for any other state purpose, the department, board, commission, division, or other state agency having jurisdiction thereof,  may,  with the  approval of the commissioner of general services, temporarily lease or operate such property in such manner as will produce net revenue  for the  support  of  the  state  (a)  by  the  forces and equipment of such department, board, commission, division or other state agency, or (b) by contracting for the management and operation thereof  with  any  person, firm  or  corporation,  or  (c) by a combination of such methods, but no such contract nor any lease or permit for the use of such property shall be made for a period exceeding five years from  the  date  thereof.  All expenses  incident to the leasing, use or operation of any such property shall be paid out of the gross revenue therefrom  and  shall  not  be  a charge  against the state. Insofar as the provisions of this subdivision may conflict with the provisions of section one  hundred  twenty-one  of the  state finance law or provisions of any other law, the provisions of this subdivision shall control and the same shall not be  deemed  to  be repealed,  altered  or  superseded  by  implication  by the enactment or amendment of any other law. The use and occupancy of any  such  property pursuant  to  any  license,  lease,  permit  or  contract made under the  provisions of this subdivision and the right of the state  or  its  duly authorized  agent  to recover possession thereof shall not be subject to the emergency housing rent control law. Where it is necessary  to  cause the  removal  of  an  occupant  of  any  such  property, the head of the department, board, commission, division or  other  state  agency  having jurisdiction thereof may cause such occupant to be removed therefrom and the  possession  thereof  to  be delivered to him or her as agent of the state in the same manner and by the same proceedings in the  same  court or  before  the  same  judge  or  justice  as is now or hereafter may be provided by law for the removal of  a  tenant  holding  over  after  the expiration  of  his  or her term without the permission of the landlord. The proceeding shall be brought  in  the  name  of  such  head  of  such department,  board,  commission,  division  or other state agency having jurisdiction of such property, as agent of the state.   15. The provisions of subdivision fourteen of this section  shall  not apply to the following state-owned lands:  (a)  Lands  under  the  jurisdiction  of  the  commissioner of general services.  (b) Lands under the jurisdiction of a state or  interstate  authority, commission  or  agency,  the leasing of which is authorized by any other law.  (c) Lands acquired by the commissioner of transportation for  purposes connected   with   the   construction,  reconstruction,  improvement  or maintenance of a state highway or other duly authorized project.  (d) Lands acquired by the commissioner of general services pursuant to chapter two  hundred  thirty-seven  of  the  laws  of  nineteen  hundred forty-six.  (e) Lands subject to the provisions of the salt springs law.