NY Energy L § 7-103 (2021)
2021 New York Laws ENG - Energy Article 7 - Transfer of Functions 7-103 - Transitional Provisions.

§  7-103.  Transitional provisions.  1. Upon the transfer of functions   pursuant to this article within the state fiscal year within which  this   act  shall  take effect, provision shall be made for the transfer to the   state energy office of employees of all directly affected state agencies   whom the commissioner determines to be required by the  office,  subject   to  the  approval  of  the  director of budget. Employees so transferred   shall be transferred without further examination  or  qualification  and   shall  retain  their respective civil service classifications and status   until  or  unless  reclassified  or  reallocated.  For  the  purpose  of   determining  the employees holding permanent appointments in competitive   class positions to be transferred, such employees shall be  selected  in   each class of positions in the order of their original appointment, with   due  regard  to  the  right  of  preference in retention of disabled and   nondisabled veterans. Any  such  employee  who,  at  the  time  of  such   transfer,   has   a   temporary  or  provisional  appointment  shall  be   transferred subject  to  the  same  right  of  removal,  examination  or   termination as though such transfer had not been made. Employees holding   permanent  appointments  in  competitive  class  positions  who  are not   transferred pursuant to this section shall have their names entered upon   an appropriate preferred list for reinstatement pursuant  to  the  civil   service law.2.  The  directors  and  officers  of  state  agencies, the functions,   powers, duties and obligations of which are transferred by this  chapter   shall  deliver to the state energy office all books, papers, records and   property of such agencies, and of the  directors  and  officers  thereof   pertaining to the functions herein transferred.3.  For the purpose of succession to all functions, powers, duties and   obligations of  state  agencies,  or  directors  and  officers  thereof,   transferred  and  assigned  to,  devolved  upon and assumed by the state   energy office, such office shall be deemed and held  to  constitute  the   continuation of such agencies and not a different agency or authority.4.  Any business or other matter undertaken or commenced by any agency   or the officers and directors thereof, pertaining to or  connected  with   the  functions,  powers,  obligations  and duties hereby transferred and   assigned, and pending on the effective date  of  this  chapter,  may  be   conducted  and  completed  by the state energy office in the same manner   and under the same terms and conditions and with the same effect  as  if   conducted  and  completed  by  such  agencies,  directors  and  officers   thereof.5. All rules, regulations, acts, determinations and decisions  of  all   agencies and directors and officers thereof, pertaining to the functions   transferred  and  assigned by this chapter to the state energy office in   force at the time of such transfer, assignment, assumption or devolution   shall  continue  in  force  and  effect  as  rules,  regulations,  acts,   determinations  and  decisions  of  the  state  energy office until duly   modified or repealed.6. Whenever any  agencies  or  directors  and  officers  thereof,  the   functions,  powers  obligations  and  duties of which are transferred by   this chapter to the state energy office are referred to or designated in   any law, contract or  document  pertaining  to  the  functions,  powers,   obligations  and  duties hereby transferred and assigned, such reference   or designation shall be deemed to refer to the state energy office.7. No existing right  or  remedy  of  any  character  shall  be  lost,   impaired or affected by reason of this chapter.8. No action or proceeding pending at the time when this chapter shall   take  effect,  brought  by  or  against  any  agencies  or directors and   officers thereof, the functions, powers, obligations and duties of which   are transferred by this chapter to the  state  energy  office  shall  be    affected  by  any  provisions  of  this  chapter,  but  the  same may be   prosecuted or defended in the name of the state energy  office.  In  all   such  actions and proceedings, the state energy office, upon application   to the court, shall be substituted as a party.9.  All  appropriations  or  reappropriations  heretofore  made to any   agency for the functions and purposes herein transferred  to  the  state   energy  office  by  this  chapter,  segregated  pursuant  to law, or for   employees transferred  pursuant  to  this  chapter,  to  the  extent  of   remaining unexpended or unencumbered balances thereof, whether allocated   or   unallocated  and  whether  obligated  or  unobligated,  are  hereby   transferred to and made available for use and expenditure by  the  state   energy  office subject to the approval of the director of the budget for   the same purposes for which originally  appropriated  or  reappropriated   and   shall  be  payable  on  vouchers  certified  or  approved  by  the   commissioner on audit and  warrant  of  the  comptroller.  Payments  for   liabilities  for expenses of personal service, maintenance and operation   heretofore incurred by such agencies, in connection with  the  functions   herein  transferred,  shall  also  be  made  on vouchers or certificates   approved by the commissioner on audit and warrant of the comptroller.