2023 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.