2023 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 and such other articles that  are  not  tobacco
products, 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, coffee, tea,
milk,  soft  drinks  and  such  other  articles,  that  are  not tobacco
products, 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.