reglab/statecodes huggingface dataset:
2023 New York Laws › EXC - Executive › Article 24 - Office of Employee Relations › 653 - Powers and Duties.

§ 653. Powers and duties.  The director shall assist the governor with
  regard to relations between the state and its employees. Such assistance
  may include acting as the governor's agent in discharging the powers and
  duties   conferred  on  the  governor  by  the  public  employees'  fair
  employment act, as amended, including,  without  limitation,  conducting
  collective   negotiations   with   recognized   or   certified  employee
  organizations and executing agreements  reached  pursuant  thereto.  The
  director shall have such other and further powers and duties as may from
  time  to  time be conferred upon him by law and as the governor may from
  time to time request. Nothing contained herein shall be  interpreted  to
  enlarge,  diminish or otherwise change any power or duty of the governor
  or legislature under said act or otherwise.
2023 New York Laws › EXC - Executive › Article 24 - Office of Employee Relations › 654 - Actions by Other Officers, Departments, Boards, Commissions or Agencies.

§ 654. Actions  by other officers, departments, boards, commissions or
  agencies.  a. Notwithstanding any inconsistent  provision  of  law,  any
  state  officer,  department,  board,  commission  or agency, shall, upon
  written request from the director, take  such  administrative  or  other
  action as is necessary to implement and administer the provisions of any
  binding   agreement   between   the  state  and  one  or  more  employee
  organizations  representing  state  employees  pursuant  to  the  public
  employees'  fair  employment  act,  as amended. Such action may include,
  without  limitation,  the  adoption,  repeal  or  amendment  of   rules,
  regulations  or  other procedures. Without prejudice to the rights of an
  employee organization under such agreement, the opinion of the  attorney
  general  shall  be  conclusive in resolving any disagreement between the
  director and any such officer, department, board, commission  or  agency
  regarding  any  legal question arising out of such a request, including,
  without limitation, whether the agreement is binding, whether compliance
  with the request is necessary to implement or administer  the  agreement
  and whether compliance with the request is legally possible.
b.  All  state officers, departments, boards, commissions and agencies
  are  authorized  and  directed  to  provide  such  other   and   further
  assistance,  services and data as may be necessary to allow the director
  properly to carry out his functions, powers and duties.
2023 New York Laws › EXC - Executive › Article 25 - Most Integrated Setting Coordinating Council › 700 - Legislative Findings and Intent.

§   700.   Legislative   findings   and  intent.  The  Americans  with
  Disabilities Act requires New York state to ensure that  people  of  all
  ages  with  disabilities  reside  and  function  in  the most integrated
  setting possible. This requirement was  recognized  and  upheld  by  the
  Supreme  Court in the case of Olmstead, Commissioner, Georgia Department
  of Human Resources, et al. v. L.C., by zimring, guardian  ad  litem  and
  next  friend,  et  al.  (138  F.  3d 893). While New York state provides
  community supports for people of all ages with  disabilities  and  while
  the  state  of  New  York does operate a home and community-based waiver
  medicaid program, the legislature hereby finds that New York  state  has
  no  centralized mechanism in place to determine whether or not people of
  all ages with disabilities are residing in the most  integrated  setting
  possible. In order to ensure that the state of New York is in compliance
  with  the  requirements of the Olmstead decision, the legislature hereby
  finds that it is incumbent upon New York state to develop and  implement
  a  plan  to reasonably accommodate the desire of people of all ages with
  disabilities to avoid institutionalization and be  appropriately  placed
  in the most integrated setting possible.
2023 New York Laws › EXC - Executive › Article 25 - Most Integrated Setting Coordinating Council › 701 - Definitions.

§  701. Definitions. As used in this article the following terms shall
mean:
1. "council" means the most integrated setting coordinating council.
2. "disability" means, with respect to an individual:
(a) a physical or mental impairment that substantially limits  one  or
more of the major life activities of such individual;
(b) a record of such an impairment; or
(c) being regarded as having such an impairment.
3.  "most  integrated  setting" means a setting that is appropriate to
the needs of  the  individual  with  the  disability  and  enables  that
individual  to  interact  with nondisabled persons to the fullest extent
possible.
2023 New York Laws › EXC - Executive › Article 25 - Most Integrated Setting Coordinating Council › 702 - Most Integrated Setting Coordinating Council; Organization.

§ 702. Most integrated setting coordinating council; organization.  1.
  The  most  integrated  setting  coordinating  council  is hereby created
  within the executive department to  have  and  exercise  the  functions,
  powers  and  duties  provided  by the provisions of this article and any
  other  provision  of  law.  The  council  shall  be  comprised  of   the
  commissioners  of:  the department of health, the office for people with
  developmental disabilities, the office of mental health, the  department
  of  transportation,  the  office  of  children  and family services, the
  office of addiction services and supports, the department of  education,
  and  the  division  of  housing  and community renewal. In addition, the
  council shall consist of the director of the office for the  aging,  the
  chief  disability  officer,  three consumers of services for individuals
  with disabilities, one to be  appointed  by  the  governor,  one  to  be
  appointed  by  the  temporary  president  of  the  senate, and one to be
  appointed by  the  speaker  of  the  assembly,  three  individuals  with
  expertise in the field of community services for people of all ages with
  disabilities,  one  to be appointed by the governor, one to be appointed
  by the temporary president of the senate, and one to be appointed by the
  speaker of the assembly, and three  individuals  with  expertise  in  or
  recipients  of  services available to senior citizens with disabilities,
  one to be appointed  by  the  governor,  one  to  be  appointed  by  the
  temporary  president  of  the  senate,  and  one  to be appointed by the
  speaker of the assembly.
2. The chief disability officer shall  serve  as  chairperson  of  the
  council.
3.  The  council  shall  meet as necessary to carry out its functions,
  powers and duties, but such meetings shall  occur  at  least  once  each
  quarter.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 709-A - Office of Counterterrorism.

§  709-a.  Office  of counterterrorism. The office of counterterrorism
  shall develop and analyze the state's policies, protocols and strategies
  relating to the prevention and detection of terrorist acts and terrorist
  threats.  The  office  shall  also  be  responsible   for   coordinating
  strategies,  protocols  and  first responder equipment needs to detect a
  biological, chemical or radiological terrorist act  or  threat;  working
  with  private  entities and local, state and federal agencies to conduct
  assessments of the vulnerability of critical infrastructure to terrorist
  attack; and consulting with appropriate state and local governments  and
  private  entities to facilitate and foster cooperation to better prepare
  the state to prevent and detect threats and acts of terrorism.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 710 - Commissioner of the Division of Homeland Security and Emergency Services; Appointment of the Commissioner; Powers and Duties.

§ 710. Commissioner of the division of homeland security and emergency
services;  appointment  of  the  commissioner; powers and duties. 1. The
commissioner of the division of homeland security and emergency services
(commissioner) shall be appointed by  the  governor,  by  and  with  the
advice and consent of the senate, and hold office at the pleasure of the
governor.
2.  The  commissioner,  acting by and through the division, shall have
the power and duty to:
(a) administer the duties of the division pursuant to this section;
(b) administer such other duties as may be devolved upon the  division
from time to time pursuant to law;
(c)  cooperate  with  and  assist other state and federal departments,
boards, commissions, agencies and public authorities in the  development
and  administration  of  policies  and  protocols which will enhance the
safety and security of the citizens of the state;
(d) enter  into  contracts  with  any  person,  firm,  corporation  or
governmental  agency,  and  do  all  things  necessary  to carry out the
functions, powers and  duties  expressly  set  forth  in  this  article,
subject to any applicable laws, rules or regulations;
(e)  establish  offices,  departments  and  bureaus  and  make changes
therein as he or she may deem necessary to carry out  the  functions  of
the division;
(f)  subject  to  the provisions of this article and the civil service
law, and  the  rules  and  regulations  adopted  pursuant  thereto,  the
commissioner   may   appoint   other  officers,  employees,  agents  and
consultants as may be  necessary,  prescribe  their  duties,  fix  their
compensation,  and provide for payment of their reasonable expenses, all
within amounts available therefor by appropriation. The commissioner may
transfer officers or employees from their positions to  other  positions
in the division, or abolish or consolidate such positions; and
(g)  accept and contract as agent of the state for any gift to support
the development and  training  missions  of  the  division  of  homeland
security and emergency services.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 711-A - Analyze and Report on the Feasibility of Implementing Tornado Warning Systems.

§ 711-a. Analyze and report on the feasibility of implementing tornado
  warning  systems.  1.  The  division  shall  analyze  and  report on the
  feasibility of  implementing  tornado  warning  systems,  including  the
  installation  of tornado sirens in municipalities across the state. Such
  examination shall include  determining  whether  certain  municipalities
  should install tornado sirens, the potential placement of tornado sirens
  and  whether  they  should  be  located  near schools, hospitals, sports
  facilities, colleges or other populated areas.
2. The division shall analyze and  report  on  the  use  of  firehouse
  sirens  as  possible  notification  to  the  surrounding community of an
  impending tornado and the type of public education  necessary  to  carry
  out such program.
3.  The division shall also recommend other technologies to be used to
  issue tornado warnings such as text messages  to  cell  phones  and  the
  systems necessary to carry out an emergency text message system.
4. The recommendations required pursuant to this section shall include
  a  cost-benefit  analysis  of  implementing a tornado warning system and
  possible funding mechanisms for the implementation of a tornado  warning
  system.
5.  The  division  shall  issue  the  report  to  the governor and the
  legislature on or before March first, two thousand fourteen.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 711-B - Review of Water Supplier Vulnerability Analysis Assessments.

§  711-b. Review of water supplier vulnerability analysis assessments.
  The  commissioner,  or  his  or  her   designee,   shall   review   each
  vulnerability  analysis assessment prepared by a water supplier pursuant
  to section eleven hundred twenty-five of  the  public  health  law.  The
  commissioner  may issue recommendations or general guidance to the water
  supplier based on  the  assessment  to  enhance  protections  against  a
  terrorist  attack  or  cyber  attack.  Such recommendations and guidance
  shall be kept confidential and shall be  exempt  from  disclosure  under
  article six of the public officers law.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 717 - Office of Interoperable and Emergency Communications.

§  717.  Office  of interoperable and emergency communications. 1. The
  office of  interoperable  and  emergency  communications  shall  be  the
  principal   state   agency   for   all   interoperable   and   emergency
  communications  issues  and  oversee   and   direct   the   development,
  coordination  and implementation of policies, plans, standards, programs
  and services related  to  interoperable  and  emergency  communications,
  including   those   related   to   public   safety   land  mobile  radio
  communications. The office shall coordinate with federal, state,  local,
  tribal, non-governmental and other appropriate entities.
2.  The  office  shall  be responsible for coordinating relevant grant
  programs  and  other  funding  sources  to  enhance  interoperable   and
  emergency   communications,  as  consistent  with  the  mission  of  the
  division. The director shall make  final  determinations  regarding  the
  distribution of grants, in consultation with the board.
3.   The  director  of  this  office  shall  serve  as  the  statewide
  interoperable and emergency communications coordinator.
4. To ensure appropriate coordination and consultation  with  relevant
  entities,  the  director  shall  be  the  chairperson  of  the statewide
  interoperable and emergency communication board as  defined  in  section
  three  hundred  twenty-seven  of  the county law, and whose duties shall
  include, but not be limited to all the duties regularly assigned to  the
  board  as  defined  by  section three hundred twenty-eight of the county
  law.
5. The commissioner, in consultation with the director of the  office,
  shall  promulgate  rules and regulations which require municipalities to
  report, no less than annually, on  prior  and  planned  expenditures  to
  develop  and  operate  interoperable  and  emergency communications. The
  regulations shall permit municipalities which participate in  county  or
  multi-county  regional  coordinated interoperability efforts to submit a
  single report to the division for all participating  municipalities,  so
  long as all expenses which would have been reported if the participating
  municipalities  had  submitted  individual  reports are contained in the
  combined report. The regulations shall not require a  municipality  that
  incurred  no  relevant  expenses and anticipates no relevant expenses to
  submit such a report. The division  shall  include  a  summary  of  such
  information in its annual report to the governor, temporary president of
  the  senate,  and  speaker  of  the assembly provided for in subdivision
  seven of section  seven  hundred  nine  of  this  article,  as  well  as
  submitting such information at the same time to the state comptroller.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 717-A - Direct Dialing to Public Service Answering Points.

§  717-a.  Direct  dialing  to public service answering points. 1. For
  purposes of this section, "public  building"  shall  mean  any  building
  belonging  to  the  state, county, town, village, school district or any
  other political or civil subdivision of state or local government.
2. For purposes of this section, "multi-line telephone  system"  shall
  mean  any  system  comprised  of  common  control units, telephone sets,
  control hardware and software, and adjunct systems which  enables  users
  to  make  and  receive  telephone  calls  using shared resources such as
  telephone network trunks or data link bandwidth. This term includes, but
  is not limited to, network-based  and  premises-based  systems  such  as
  Centrex service, premises-based, hosted and cloud-based VoIP, as well as
  PBX,  Hybrid  and  Key Telephone Systems, as classified by the FCC under
  Part 68 of its rules.
3. All public buildings which operate on a multi-line telephone system
  in this state must configure their multi-line telephone system  hardware
  to  allow  any  call  to 911 on the system to be directly connected to a
  public service answering point; provided however, that in  the  case  of
  public  buildings  governed  by  section three hundred fifty-five or six
  thousand two hundred four of the  education  law  which  have  on-campus
  emergency  answering  points,  such  public buildings may route such 911
  calls to their on-campus answering points.
4. The requirements of subdivision three of  this  section  shall  not
  apply  to any public building operating on a multi-line telephone system
  that would be required  to  upgrade  the  hardware  of  their  telephone
  network to meet said requirement. However, every telephone in any exempt
  public  building  operating on a multi-line telephone system shall place
  an instructional sticker on or immediately adjacent  to  each  telephone
  informing  users  of  the phone's inability to directly dial 911 and the
  procedures to follow to connect to a 911 public service answering point,
  or in the case of public buildings governed  by  section  three  hundred
  fifty-five  or  six thousand two hundred four of the education law which
  have on-campus emergency  answering  points,  such  on-campus  answering
  points, in case of an emergency.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 718 - Voluntary Surveillance Access Database.

§  718.  Voluntary surveillance access database. 1. The division shall
  establish  a  voluntary  surveillance  access  database   to   be   made
  accessible,  upon  written request, to any law enforcement agency solely
  for purposes of a criminal investigation.
2.  Residential  home  owners  and  business  owners  who  maintain  a
  closed-circuit  television or other electronic video surveillance system
  may elect to register such information, limited to the location of  such
  system  and  the  contact  information for the owner, with the voluntary
  surveillance access database. Such owners may withdraw such registration
  from the database at any time.
3.  Registration  information  from  such  database  shall   be   kept
  confidential   and  shall  not  be  made  available  for  disclosure  or
  inspection under the state freedom of information law unless a  subpoena
  or other court order directs the division to release such information or
  image.
2023 New York Laws › EXC - Executive › Article 26 - Division of Homeland Security and Emergency Services › 719 - Loans for Eligible Hazard Mitigation Activities.

§ 719. Loans   for   eligible  hazard  mitigation  activities.  1. The
  commissioner may make loans to local  governments  for  eligible  hazard
  mitigation  activities,  as  defined  in the STORM Act and corresponding
  federal  regulations,  to  reduce   disaster   risks   for   homeowners,
  businesses,   non-profit   organizations,  and  communities  subject  to
  available funds for such purpose pursuant to section  ninety-nine-qq  of
  the state finance law.
2.  The commissioner may make loans under this section subject to such
  other terms and conditions of the STORM Act,  and  related  federal  and
  state rules, regulations, policies and guidelines.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 740 - State Board of Social Welfare.

§ 740. State  board  of  social  welfare. 1. The state board of social
  welfare  is  the  legal  authority  established  by   the   constitution
  responsible  for  the  inspection and visitation of certain institutions
  and certain agencies and for the making of rules  and  regulations  with
  respect  to all of the functions, powers and duties with which the board
  is charged, subject to the control of the legislature  and  pursuant  to
  this article and other provisions of law.
  It  shall  be the major purposes of the board to review, report and make
  recommendation concerning the policies and programs pertaining to  child
  and  adult  care,  including  the  implementation  of  such policies and
  programs and the quality of supervision  exercised  by  the  responsible
  state  and  local  supervisory  agencies; to advise the governor and the
  legislature  with  respect  to  such  matters;  to  conduct  independent
  research,  studies and analyses of state policies and programs affecting
  child and adult care; to advocate the improvement of such  programs  and
  policies;  and to conduct special research, studies and analyses, at the
  request of the governor, with respect to any  matter  related  to  human
  services generally.
  The  board  as constituted shall continue as a division of the executive
  department.
2. The board  shall  consist  of  fifteen  members  appointed  by  the
  governor by and with the consent of the senate. At the expiration of the
  term  of  any member of the board his successor shall be appointed for a
  term of five years.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 741 - Qualifications of Members.

§ 741. Qualifications  of  members. 1. No member of the board shall be
  eligible to serve for more than two successive terms of five years,  nor
  for more than ten successive years.
2.  No  member  of the board shall qualify or enter upon the duties of
  office or remain therein, while he  is  a  trustee,  manager,  director,
  officer  or  member of the governing board of any institution subject to
  the visitation or inspection of such board.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 742 - Organization of the Board.

§ 742. Organization  of  the  board.  The  governor  shall designate a
  member of the board as chairman thereof to  serve  as  such  during  the
  pleasure of the governor. The board may designate other officers and may
  choose  from  their number an executive committee with such functions as
  shall be prescribed by the board.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 743 - Removal and Vacancies.

§ 743. Removal  and  vacancies.  Any  member  may  be  removed  by the
  governor for cause, an opportunity having been given him to be heard.  A
  member who fails to attend three consecutive  regular  meetings  of  the
  board,  unless  excused  by formal vote of the board, shall be deemed to
  have vacated his position.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 744 - Compensation and Expenses.

§ 744. Compensation  and  expenses. The chairman of the board, and the
  other members  of  the  board  shall  not  receive  a  salary  or  other
  compensation,  but  shall  receive necessary expenses as shall have been
  incurred by them in the performance of their  duties.  Payment  of  such
  expenses  shall be made on the audit and warrant of the comptroller from
  the treasury of the state upon certification by the chairman.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 745 - Employees; Compensation.

§ 745. Employees;  compensation. The board may appoint and remove from
  time to time, in accordance with law, such  employees  as  it  may  deem
  necessary  for  the efficient administration of the duties of the board.
  The compensation of employees appointed by the board shall be determined
  by it in accordance with law.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 749 - Record of Proceedings of the Board; Certificates and Subpoenas.

§ 749. Record of proceedings of the board; certificates and subpoenas.
  1.  The  board shall cause a record to be kept of its proceedings by its
  secretary or other officer designated by it.
2. The records  of  its  proceeding  and  copies  of  all  papers  and
  documents  in  its  possession  and  custody may be authenticated in the
  usual form, under the official seal of the board and  the  signature  of
  the  chairman  or  secretary  of  the  board,  and  shall be received in
  evidence in the same manner and with  like  effect  as  deeds  regularly
  acknowledged or proven.
3.  The  board  may  issue subpoenas, which, when authenticated by any
  member or the secretary shall be regulated by the civil practice law and
  rules.
2023 New York Laws › EXC - Executive › Article 26-B - Board of Social Welfare › 750 - Duties of the Attorney General and District Attorneys.

§ 750. Duties  of  the attorney general and district attorneys. If, in
  the opinion of the board, any matter in  regard  to  the  management  or
  affairs  of  any  such  institution,  society  or  association,  or  any
  incarcerated individual  or  person  in  any  way  connected  therewith,
  require legal investigation or action of any kind, notice thereof may be
  given by the board, to the attorney general, and he shall thereupon make
  inquiry  and  take  such  proceedings  in  the  premises  as he may deem
  necessary and proper. The attorney general and every  district  attorney
  shall,  when  so  required,  furnish  such  legal assistance, counsel or
  advice as the board may require in the discharge of its duties.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 803-A - Adirondack Park Local Government Review Board.

§ 803-a. Adirondack  park  local  government  review board. 1. For the
  purpose of advising and assisting the Adirondack park agency in carrying
  out its functions, powers and duties, there is  hereby  established  the
  Adirondack  park local government review board. Such board shall consist
  of twelve members, each of whom shall be a resident of a  county  wholly
  or  partly  within the park. No more than one member shall be a resident
  of any single county. Each member shall be appointed by or in the manner
  determined by the legislative body of each such county.
2. The members of the review board shall serve for such terms as shall
  be determined by their respective appointing authorities. Any member  of
  the  board  may, if authorized by his appointing authority, designate an
  alternate to serve in his absence.
3. The review board shall elect, for such term as it may determine,  a
  chairman  from  among its membership and such other officers as it deems
  necessary.
4. The review board shall meet regularly  at  least  four  times  each
  year. Special meetings may be called by the chairman and shall be called
  by him at the request of a majority of the review board.
5.  No  member  of the review board shall be disqualified from holding
  any other office or employment by reason of his  appointment  hereunder,
  notwithstanding the provisions of any general, special or local law.
6.  The  members of the review board shall receive no compensation for
  their services but their respective appointing authorities  may  provide
  for  payment  of  their  actual  and  necessary expenses incurred in the
  performance of their duties hereunder.
7. In addition to any other functions or duties specifically  required
  or  authorized  in  this  article,  the  review  board shall monitor the
  administration and enforcement of  the  Adirondack  park  land  use  and
  development   plan   and   periodically   report   thereon,   and   make
  recommendations in regard thereto, to the governor and the  legislature,
  and  to  the  county  legislative body of each of the counties wholly or
  partly within the park.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 804 - General Powers and Duties of the Agency.

§ 804. General  powers and duties of the agency. The agency shall have
  the power:
1. To sue and be sued;
2. To make and execute contracts and all other  instruments  necessary
  or  convenient  for  the exercise of its powers and functions under this
  article;
3. To establish and maintain such facilities as may be  necessary  for
  the transacting of its business;
4.  To  appoint an executive officer, officers, agents, employees, and
  prescribe their duties and qualifications and fix their compensation;
5. To utilize to the extent  feasible  the  staff  and  facilities  of
  existing  state  agencies,  pursuant  to an allocation to be made by the
  director of the budget;
6. To hold hearings and subpoena witnesses  in  the  exercise  of  its
  powers, functions and duties provided for by this article;
7. To contract for professional and technical assistance and advice;
8.  To  contract  for  and to accept any assistance, including but not
  limited to gifts, grants or loans of  funds  or  of  property  from  the
  federal government or any agency or instrumentality thereof, or from any
  agency  or  instrumentality  of  the  state, or from any other public or
  private source and to comply, subject to the provisions of this article,
  with the terms and conditions thereof, subject to the  approval  of  the
  director of the budget;
9.  To  adopt,  amend  and repeal, after public hearing (except in the
  case of rules  and  regulations  that  relate  to  the  organization  or
  internal   management  of  the  agency),  such  rules  and  regulations,
  consistent with this article, as it deems necessary to  administer  this
  article,  and  to do any and all things necessary or convenient to carry
  out the purposes and  policies  of  this  article  and  exercise  powers
  granted by law; and
10.  To report periodically to the governor and the legislature on the
  conduct of its activities but not less than once a  year,  furnishing  a
  copy  of each such report to the clerk of the county legislative body of
  each county wholly or partly within the park and to the review board.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 812 - Public Hearings.

§ 812. Public  hearings.  1. Public hearings authorized or required by
  section eight hundred nine to be held by the agency in  connection  with
  the  review  of projects shall be conducted as provided in this section,
  the applicable project  review  rules  and  regulations  of  the  agency
  adopted  under  subdivision  fourteen  of  such  section,  and the state
  administrative procedure act.
2. Notice of such public  hearings  shall  be  given  as  required  in
  section eight hundred nine. Individual notices of hearing required under
  such  section  shall be served by mail in the manner required by section
  eight hundred nine of this article to the last  known  address  of  such
  individuals. Individual notice of hearing shall also be so served on any
  other  person or agency, public or private, as may be required under the
  agency's project review rules and regulations.
3. Parties to a public hearing shall be the project  sponsor  and  any
  person  or  agency entitled to individual notice and any other person or
  agency as may be authorized under the agency's project review rules  and
  regulations.
4.  The  public  hearing  may,  if  authorized by the agency's project
  review rules and regulations, be conducted by any member or designee  of
  the  agency, but any findings, decision, order, permit or certificate of
  the agency shall be adopted by the agency,  all  members  voting  having
  familiarized themselves with the record.
5.  The agency, or member or designee thereof presiding at the hearing
  shall have power to administer oaths and issue subpoenas to  compel  the
  attendance  of  witnesses  and  the production of relevant documents and
  papers, including witnesses and documents requested by the parties.
6. The parties shall be afforded the opportunity to  present  evidence
  and  argument  and,  in  the  case of the project sponsor, any person or
  agency entitled by law to individual notice and any other public agency,
  to cross-examine witnesses on all relevant issues,  but  the  member  or
  designee  presiding  may  impose  reasonable  limitations as to time and
  number of persons heard.
7. The agency shall keep a verbatim  record  of  the  proceedings  and
  certified  copies  shall  be  made  available,  and  for such reasonable
  charges, as may be provided by rule or regulation of the agency.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 813 - Penalties and Enforcement.

§ 813. Penalties  and  enforcement.  1.  Any  person  who violates any
  provision of this article or any rule or regulation promulgated  by  the
  agency,  or the terms or conditions of any order or permit issued by the
  agency pursuant to this article shall be liable to a  civil  penalty  of
  not  more  than five hundred dollars for each day or part thereof during
  which such violation continues.  The civil penalties  provided  by  this
  subdivision  shall be recoverable in an action instituted in the name of
  the agency by the attorney general on  his  own  initiative  or  at  the
  request of the agency.
2.  Alternatively  or  in  addition  to an action to recover the civil
  penalties provided by subdivision one  of  this  section,  the  attorney
  general  may  institute in the name of the agency any appropriate action
  or proceeding  to  prevent,  restrain,  enjoin,  correct  or  abate  any
  violation  of,  or to enforce, any provision of this article or any rule
  or regulation promulgated by the agency, or the terms or  conditions  of
  any  order or permit issued by the agency pursuant to this article.  The
  court in which the action or proceeding is brought may order the joinder
  of appropriate persons as parties and may order the  appropriate  person
  or  the  person  responsible  for the violation to take such affirmative
  measures as are properly within  its  equitable  powers  to  correct  or
  ameliorate  the violation, having regard to the purposes of this article
  and the determinations required by  subdivision  ten  of  section  eight
  hundred nine.
3.  Such  civil  penalty  may be released or compromised by the agency
  before the matter has been referred to the attorney general,  and  where
  such  matter has been referred to the attorney general, any such penalty
  may be released or  compromised  and  any  action  or  cause  of  action
  commenced  to  recover  the  same  may be settled or discontinued by the
  attorney general with the consent of the agency.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 816 - Master Plan for Management of State Lands.

§ 816. Master plan for management of state lands. 1. The department of
  environmental conservation is hereby authorized and directed to develop,
  in  consultation  with the agency, individual management plans for units
  of land classified in the master plan  for  management  of  state  lands
  heretofore prepared by the agency in consultation with the department of
  environmental conservation and approved by the governor. Such management
  plans  shall conform to the general guidelines and criteria set forth in
  the master plan. Until amended, the master plan for management of  state
  lands  and  the  individual management plans shall guide the development
  and management of state lands in the Adirondack park.
2. The master plan  and  the  individual  management  plans  shall  be
  reviewed  periodically and may be amended from time to time, and when so
  amended shall as amended henceforth guide the development and management
  of state lands in the Adirondack park.   Amendments to the  master  plan
  shall  be prepared by the agency, in consultation with the department of
  environmental conservation, and submitted after public  hearing  to  the
  governor for his approval.
3.  The  agency  and department are hereby authorized to develop rules
  and regulations necessary, convenient or  desirable  to  effectuate  the
  purposes of this section.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 817 - Activities of the United States in the Adirondack.

§ 817. Activities  of the United States in the Adirondack park. 1.  It
  is hereby declared to be the policy of this state that new land  use  or
  development  or  acquisition  of  land  by  the United States within the
  Adirondack park shall conform to the land use and development  plan  and
  the master plan for the management of state lands so far as practicable,
  and  to  any  further extent as the Congress of the United States may by
  law provide.
2. The agency may, upon request of the United States,  advise  whether
  any  particular  proposed  land  use and development or acquisition will
  conform to the land use and development plan or the master plan.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 818 - Judicial Review.

§ 818. Judicial  review.  1. Any act, omission, or order of the agency
  or of any officer or employee thereof, pursuant to or within  the  scope
  of this article, may be reviewed at the instance of any aggrieved person
  in  accordance  with article seventy-eight of the civil practice law and
  rules, but application for such review must be made not later than sixty
  days from the effective date of the order or the date when  the  act  or
  omission occurred.
2.  Any  local  government  which appears as a party in any proceeding
  before the agency, shall have standing to have the agency's decision  on
  such  project  reviewed  pursuant  to article seventy-eight of the civil
  practice law and rules.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 819 - Applicability.

§ 819. Applicability.  1.  No  provision  of  this  article  shall  be
  construed to prohibit any local government from adopting  and  enforcing
  land  use  and development controls for lands, other than those owned by
  the state.
2. Any local land use  program  which  has  been  validly  enacted  or
  adopted by a municipality shall be valid and enforceable notwithstanding
  its  not  having  been  approved  by the agency, and any new land use or
  development or subdivision of land shall be subject to the provisions of
  such local land use program and to the shoreline restrictions  contained
  in  section  eight  hundred  six.  If  the  agency  has  project  review
  jurisdiction over any such land use or  development  or  subdivision  of
  land  under  section  eight  hundred nine, such land use, development or
  subdivision shall, in addition to its being subject to the provisions of
  any such local land use program, be subject to such agency jurisdiction.
  The project sponsor  may  not  undertake  or  continue  such  land  use,
  development    or   subdivision,   however,   or   any   part   thereof,
  notwithstanding the granting of a permit therefor by the agency,  unless
  such  undertaking  or  continuance is also permitted by the municipality
  under and in accordance with  the  provisions  of  its  local  land  use
  program.
3.  No  provision of this article shall be deemed to prohibit any land
  use and development  or  subdivision  of  land  existing  prior  to  the
  effective date of this article, including those uses and development and
  subdivisions  of land expressly not subject to agency review as provided
  in section eight hundred eleven.
4. Nothing in this article shall be construed to empower the agency to
  acquire any interest in real property by purchase  or  condemnation.  No
  right  of  first  refusal  or  first  option to purchase in favor of the
  agency, the department of environmental conservation or any other  state
  agency  shall  in any way be created by this article or the land use and
  development plan.
5. Nothing in this article shall be construed to supersede or  replace
  or  diminish  in any way any regulatory or review authority of any other
  state agency.
2023 New York Laws › EXC - Executive › Article 27 - Adirondack Park Agency › 820 - Severability.

§ 820. Severability. If any section of this article or the application
  thereof  to  any  person or circumstances shall be adjudged invalid by a
  court of  competent  jurisdiction,  such  order  or  judgment  shall  be
  confined  in  its operation to the controversy in which it was rendered,
  and shall not affect or invalidate the remainder of any provision of any
  section or the application of any part thereof to any  other  person  or
  circumstance  and  to  this  end  the  provisions of each section of the
  article are hereby declared to be severable.
2023 New York Laws › EXC - Executive › Article 28 - Workforce Diversity Program › 823 - Reporting.

* §  823.  Reporting.  1. State contracts shall require contractors to
  submit, and to require any subcontractors to submit, to the  contracting
  state  agency  reports  documenting the hours worked by employees of the
  contractor and any subcontractors in the performance of the work of  the
  state  contract. Such reports shall be submitted no less frequently than
  monthly  for  state  contracts  for  construction.  Such  reports  shall
  identify  in  the  aggregate  the  race,  ethnicity,  gender, and trade,
  profession, or occupation of each employee performing work  on  a  state
  contract.
2.  State  agencies  shall submit periodic reports to the director, or
  the designee of the director, concerning the participation  of  minority
  group members and women in state contracts let by such agencies and such
  state  agencies'  compliance  with  this  article. Such reports shall be
  submitted at such time, and include such information,  as  the  director
  shall  require in regulations. State agencies shall make available their
  facilities, books, and records for inspection, upon  reasonable  notice,
  by the director or the director's designee.
3.  The department shall provide such assistance as the director shall
  require in carrying out the requirements of this section.
* NB Repealed December 31, 2024
2023 New York Laws › EXC - Executive › Article 28 - Workforce Diversity Program › 824 - Enforcement.

* §  824.  Enforcement.  1. Where it appears that a contractor cannot,
after a good faith effort, meet the workforce  participation  goals  set
forth  in  a  particular state contract, a contractor may file a written
application with the contracting state agency requesting  a  partial  or
total  waiver  of  such  requirements.  Such request shall set forth the
reasons  for  such  contractor's  inability  to   meet   the   workforce
participation goal, specifically describe the reasons for any deviations
from  the  anticipated  workforce  participation  goal  set forth in the
contractor's bid or proposal leading to the award of the state contract,
and describe the efforts by the contractor  and  any  subcontractors  to
achieve the maximum feasible participation of minority group members and
women  in  the  performance of the work of the state contract. Where the
contractor's inability to achieve the workforce participation goal on  a
state   contract   is  attributable  to  the  failure  of  one  or  more
subcontractors to  make  good  faith  efforts  to  achieve  the  maximum
feasible  participation  of  minority  group  members  and  women in the
performance of the work of the  state  contract,  the  contractor  shall
identify  such  subcontractor or subcontractors to the contracting state
agency.
2. A state agency shall grant a request  for  a  waiver  of  workforce
participation goals on a state contract where:
(a)   The   contractor   demonstrates  that  the  contractor  and  its
subcontractors  made  good  faith  efforts  to  achieve  the   workforce
participation goal on the state contract, and that insufficient minority
group  members  or  women  were  available  in  the construction trades,
professions, and occupations required to perform the work of  the  state
contract; or
(b)  The  contractor contractually required each of its subcontractors
to  make  a  good  faith  effort  to  achieve   the   maximum   feasible
participation  of minority group members and women in the performance of
the subcontracted  work,  periodically  monitored  such  subcontractors'
deployment of minority group members and women in the performance of the
subcontracted  work,  provided  notice  to  such  subcontractors  of any
deficiencies in their deployment of minority group members and women  in
the  performance  of  such subcontracted work, and could not achieve the
workforce participation  goal  for  one  or  more  construction  trades,
professions,  or  occupations  without  the  good  faith efforts of such
subcontractors.
* NB Repealed December 31, 2024
2023 New York Laws › EXC - Executive › Article 28 - Workforce Diversity Program › 825 - Powers and Responsibilities of the Division.

* §  825. Powers and responsibilities of the division. 1. The director
  shall post to the website of the division on or before October first  of
  each  year  the aspirational goals for the utilization of minority group
  members and women in construction required  pursuant  to  section  eight
  hundred twenty-two of this article.
2.  The  director  shall  promulgate  rules  and  regulations  for the
  implementation  of  this  article,  including,  but  not   limited   to,
  procedures   for   the   submission   of  certifications  and  workforce
  utilization plans by  contractors,  criteria  for  granting  waivers  of
  workforce  participation  goals,  and  the  contents of reports by state
  agencies concerning their implementation of  the  requirements  of  this
  article.
3.  The  division  shall,  from  time  to time, review the facilities,
  books, and records of state agencies to ascertain the accuracy of  their
  reports  and their compliance with the requirements of this article. The
  department shall provide such assistance as the director  shall  require
  in carrying out the requirements of this section.
* NB Repealed December 31, 2024
2023 New York Laws › EXC - Executive › Article 28 - Workforce Diversity Program › 826 - Severability.

* §  826. Severability. If any clause, sentence, paragraph, section or
  part of this article  shall  be  adjudged  by  any  court  of  competent
  jurisdiction  to  be  invalid,  the judgment shall not affect, impair or
  invalidate the remainder thereof, but shall be confined in its operation
  to the clause, sentence, paragraph, section  or  part  of  this  article
  directly  involved  in  the controversy in which the judgment shall have
  been rendered.
* NB Repealed December 31, 2024