reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.7 - Procedures for Monitoring of Projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) With respect to each project to which the
				  Agency has allocated or allowed LIHTC, the owner of the project shall be
				  required to execute a Regulatory Agreement, which outlines the program
				  requirements. The Regulatory Agreement will be recorded as a restrictive
				  covenant binding all subsequent owners and managing agents of the
				  project.
(b) LIHTC Monitoring
				  Officer. All HFA administrative functions related to the operation of qualified
				  low-income buildings shall be the responsibility of the monitoring officer who,
				  unless otherwise designated by the Commissioner/CEO, shall be the Senior Vice
				  President for Statewide Asset Management. The monitoring officer will be
				  responsible for enforcing all regulatory agreements and reporting noncompliance
				  to the IRS. All correspondence and/or legal notices should be addressed to the
				  attention of the low-income housing monitoring officer at HFA's Office of
				  Housing Operations/Statewide Asset Management.
(c) Section 42(m)(1)(B)(iii) of the Code
				  mandates that state housing credit agencies monitor all placed in service tax
				  credit developments for compliance with the provisions of Section 42. The Code
				  also mandates that the state housing credit agencies notify the Internal
				  Revenue Service of any instance of noncompliance through the issuance of IRS
				  Form 8823. Although the Agency is responsible for monitoring the owner's
				  compliance with the Code, it is expressly understood that this responsibility
				  does not and will not make the Agency liable in any manner whatsoever for any
				  noncompliance by the owner.
(d)
				  Monitoring Fees:
(1) A reasonable annual
				  monitoring fee will be charged by the Agency and will vary depending on the
				  type and size of the project.
(2)
				  The monitoring fee for any project financed by HFA shall be included in the
				  Agency's normal financing servicing fee for the applicable financing program as
				  specified in the appropriate financing documents.
(3) If HFA does not provide permanent
				  financing to a project for which it allocates
LIHTC, or if the permanent financing of a project is
					 prepaid, or the Agency otherwise is no longer entitled to a fee for servicing
					 such financing, the Agency shall charge a monitoring fee based on the Agency's
					 estimate of the costs associated with monitoring the project. The Agency
					 reserves the right to adjust monitoring fees based on administrative or other
					 cost increases to monitor overall compliance.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXV - New York State Housing Finance Agency › Subchapter F - Low Income Housing Tax Credit Qualified Allocation Plan › Part 2188 - Low Income Housing Tax Credit Qualified Allocation Plan › Section 2188.8 - Miscellaneous Provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Subsidy
				  Layering Review: Applicability.
(1) Certain
				  projects that receive LIHTC are subject to a process called "subsidy layering
				  review." Pursuant to Section 102(d) of the Department of Housing and Urban
				  Development Reform Act of 1989,
				  42 U.S.C. §
												3545(d), the Department of
				  Housing and Urban Development ("HUD") is required to ensure that housing
				  projects are not awarded excessive subsidies by combining "HUD Housing
				  Assistance" with "Other Government Assistance."
(2) The review process whereby HUD ensures
				  against excessive subsidy is termed "subsidy layering review." Every project
				  with HUD Housing Assistance and LIHTC is subject to subsidy layering review.
				  Note, however, that the mere transfer of existing HUD Housing Assistance (such
				  as a Section 236 Contract or a HAP Contract) does not trigger subsidy layering
				  review. Only the award of new HUD Housing Assistance (combined with Other
				  Government Assistance) triggers the review.
(3) Pursuant to Section 911 of the Housing
				  and Community Development Act of 1992,
				  42 U.S.C. §
												3545 note, state or local agencies may elect
				  to undertake subsidy layering review on behalf of HUD for projects that receive
				  LIHTC. The Agency has elected to undertake subsidy layering review when
				  allowable.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decisionmaking and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) This Part
				provides information concerning the procedures by which records may be
				obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law and those which were furnished to the public prior to its
				enactment.
(d) Any conflicts among
				laws governing public access to records shall be construed in favor of the
				widest possible availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.2 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The chairman and chief executive officer
				is responsible for insuring compliance with this Part, and designates the
				following person as records access officer: Treasurer, 405 Lexington Avenue,
				New York, NY 10017.
(b) The records
				access officer is responsible for insuring appropriate agency response to
				public requests for access to records. However, the public shall not be denied
				access to records through officials who have in the past been authorized to
				make records or information available. The records access officer shall assure
				that personnel:
(1) maintain an up-to-date
				subject matter list updated not less than twice per year;
(2) assist the requester in identifying
				requested records, if necessary;
(3) upon locating the records, take one of
				the following actions in accordance with section
				2250.6(b) of this
				Part:
(i) make records promptly available for
				inspection; or
(ii) deny access to
				the records in whole or in part and explain in writing the reasons
				therefor:
(4) upon
				request for copies of records:
(i) make copy
				available upon payment or offer to pay established fees, if any, in accordance
				with section
				2250.8 of this Part; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a transcript is a true copy of records copied;
(6) upon failure to locate records, certify
				that:
(i) the State of New York Mortgage
				Agency is not the legal custodian for such records; or
(ii) the records of which the State of New
				York Mortgage Agency is a legal custodian, after diligent search, cannot be
				found.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.3 - Designation of fiscal officer

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				Treasurer, 405 Lexington Avenue, New York, NY 10017 is designated the fiscal
				officer, who shall certify the payroll and respond to requests, in accordance
				with section
				2250.6(b) of this
				Part, for an itemized record setting forth the name, address, title and salary
				of every officer or employee of the agency.
(b) The fiscal officer shall make the payroll
				items listed previously, available to any person including bona fide members of
				the news media as required under section 88(1)(g), (1)(i) and (10) of the
				Freedom of Information Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.4 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be made available for public inspection and
				  copying at: 405 Lexington Avenue, New York, NY 10017, or at the location where
				  they are kept.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.5 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business. These hours are:
				  Monday through Friday, 9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.6 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Where a request for records is required,
				such request may be oral or in writing. However, written requests shall not be
				required for records that have been customarily available without written
				request.
(b)
(1) Except under extraordinary circumstances,
				officials shall respond to a request for records no more than five business
				days after receipt of the request, whether the request is oral or in
				writing.
(2) If, because of
				extraordinary circumstances, more than five business days are required to
				respond to a request, receipt of the request shall be acknowledged within five
				business days after the request is received. The acknowledgment shall state the
				reason for delay and estimate the date when a reply will be made.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing, stating the reason therefor
				and advising the requester of the right to appeal to the individual to hear
				appeals.
(b) If requested records
				are not provided promptly, as required in section
				2250.6(b) of this
				Part, such failure shall also be deemed a denial of access.
(c) The following person shall hear appeals
				for denial of access to records under the Freedom of Information Law: Chairman
				and Chief Executive Officer, State of New York Mortgage Agency, 405 Lexington
				Avenue, New York, NY 10017, telephone (212) 682-1043.
(d) The time for deciding an appeal by the
				individual designated to hear appeals shall commence upon receipt of written
				appeal identifying:
(1) the date of the
				appeal;
(2) the date and location
				of the requests for records;
(3)
				the records to which the requester was denied access;
(4) whether the denial of access was in
				writing or was by failure to provide records promptly as required by section
				2250.6(b) of this
				Part; and
(5) the name and return
				address of the requester.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search for
				records;
(3) any certification
				pursuant to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice--containing the job title or name and business
				  address of the records access officer and fiscal officer; the name, job title,
				  business address and telephone number of the appeal person; and the location
				  where records can be seen or copied--shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2250 - Public Access To Records › Section 2250.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Any provision of this Part or the application thereof to any
				  person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part; or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2252 - Prompt Payment Policy › Section 2252.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This policy statement is adopted pursuant to section
				  2880 of
				  the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2252 - Prompt Payment Policy › Section 2252.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this policy statement, the following terms
				  shall have the following meanings unless the context shall clearly indicate
				  otherwise.
(a) Agency shall mean the
				State of New York Mortgage Agency.
(b) Contract shall mean an enforceable
				agreement entered into by the agency and a contractor, including purchase
				orders.
(c) Contractor shall mean
				any person or organizations providing goods, property or services to the agency
				pursuant to a contract.
(d)
				Designated payment department shall mean that department within the agency to
				which a proper invoice is to be submitted by a contractor.
(e) Prompt payment shall mean payment of a
				debt due and owing by the agency before interest accrues thereon pursuant to
				the specifications herein.
(f)
				Proper invoice shall mean a written request for contract payment setting forth
				the description, price and quantity of goods, property or services provided by
				a contractor in such form, and supported by such other substantiating
				documentation, as the agency may reasonably require.
(g) Receipt of an invoice shall mean either:
(1) the date on which a proper invoice is
				received by the designated payment department; or
(2) the date on which the agency receives the
				purchased goods, property or services covered by the proper invoice, whichever
				is later.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2252 - Prompt Payment Policy › Section 2252.3 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				request procedure. A proper invoice shall be sent to the attention of the
				director of administration, the designated payment department of the agency.
				The director of administration will enter or cause to be entered the date on
				which a proper invoice is received by the designated payment
				department.
(b) Schedule for prompt
				payment. Except as set forth in subdivisions (e) and (f) of this section, the
				agency will make payment in accordance with the following schedule:
(1) for proper invoices received on or after
				May 1, 1988 through June 30, 1989, payment will be made within 45 calendar days
				after receipt;
(2) for proper
				invoices received on or after July 1, 1989, payment will be made within 30
				calendar days, excluding legal holidays, after receipt; and
(3) where payment date(s) are specified by
				the terms of a contract, payment will be made on such predetermined payment
				date(s).
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2252 - Prompt Payment Policy › Section 2252.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
				filing. Within 30 days of the adoption of this statement, and of any amendments
				hereto, the agency shall file copies with the State Comptroller, the State
				Director of the Budget, the Chairman of the Senate Finance Committee and the
				Chairman of the Assembly Ways and Means Committee.
(b) Annual report. Within 90 days after the
				end of each fiscal year, commencing with the fiscal year ending March 31, 1989,
				the agency shall prepare an annual report on the scope and implementation of
				this prompt payment policy, including, but not limited to:
(1) a listing of the types or categories of
				contracts which the agency entered into during the 12-month period of the
				report with an indication whether each such contract was subject to the prompt
				payment requirements, and if not, why not;
(2) the number and amount of interest
				payments made for contracts, arranged according to each such type or
				category;
(3) the number of
				interest chargeable days, and the total number of days taken to process each
				late contract payment; and
(4) a
				summary of the principal reasons why such late payments had to be made.
Copies of this report shall be filed with the State
				  Comptroller, the State Director of the Budget, the Chairman of the Senate
				  Finance Committee and the Chairman of the Assembly Ways and Means
				  Committee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVII - State Of New York Mortgage Agency › Part 2252 - Prompt Payment Policy › Section 2252.5 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statement amendment. The agency shall have the power to amend this policy
				statement by promulgating amended rules and regulations at any time.
(b) Contract incorporation. The policy
				statement in effect at the time of the creation of a contract is hereby
				incorporated into and made a part of that contract.
(c) Public access. The agency shall make
				copies of this policy statement, as well as the annual report, available to the
				public upon reasonable request at the agency's main office. In addition, the
				agency shall provide a copy of this policy statement to each
				contractor.
(d) Inapplicability of
				statute. The statute authorizing this statement is not applicable to the
				agency's contracts with other governmental agencies, to interest on judgments
				rendered by a court against the agency pursuant to any other statute, or in
				situations where the agency exercises a legally authorized setoff against all
				or part of a payment due a contractor.
(e) Legal processes. The agency is under no
				liability to pay interest pursuant to the statute after a contractor has filed
				a claim or given notice of an intention to file a claim or commenced legal
				action for payment of interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.1 - Purpose and scope

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The people's
				right to know the process of government decisionmaking and the documents and
				statistics leading to determinations is basic to our society. Access to such
				information should not be thwarted by shrouding it with the cloak of secrecy or
				confidentiality.
(b) This Part
				provides information concerning the procedures by which records may be
				obtained.
(c) Personnel shall
				furnish to the public the information and records required by the Freedom of
				Information Law, as well as records otherwise available by law.
(d) Any conflicts among laws governing public
				access to records shall be construed in favor of the widest possible
				availability of public records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.2 - Designation of records access officers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The executive director is responsible for
				insuring compliance with this Part, and designates the following persons as
				records access officers:
Associate Administrative Analyst of
New York State Housing Finance Agency
1250 Broadway
New York, NY 10001
Senior Research Analyst of
New York State Housing Finance Agency
1250 Broadway
New York, NY 10001
(b) Records access officers are responsible
				for insuring appropriate agency response to public requests for access to
				records. The designation of records access officers shall not be construed to
				prohibit officials who have in the past been authorized to make records or
				information available to the public from continuing to do so. Records access
				officers shall insure that personnel:
(1)
				maintain an up-to-date subject matter list;
(2) assist the requester in identifying
				requested records, if necessary;
(3) upon locating the records, take one of
				the following actions:
(i) make records
				available for inspection; or
(ii)
				deny access to the records in whole or in part, and explain in writing the
				reasons therefor;
(4)
				upon request for copies of records:
(i) make
				a copy available upon payment or offer to pay established fees, if any, in
				accordance with section
				2300.8 of this Part; or
(ii) permit the requester to copy those
				records;
(5) upon
				request, certify that a record is a true copy; and
(6) upon failure to locate records, certify
				that:
(i) the New York State Project Finance
				Agency is not the custodian for such records; or
(ii) the records of which the New York State
				Project Finance Agency is a custodian cannot be found after diligent
				search.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.3 - Location

Current through Register Vol. 46, No. 28, July 10, 2024
Records shall be available for public inspection and copying
				  at: 1250 Broadway (26th Floor), New York, NY 10001.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.4 - Hours for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records produced during all hours regularly open for business. These hours are:
				  Monday through Friday, 9 a.m. to 5 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.5 - Requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A written request may be required, but
				oral requests may be accepted when records are readily available.
(b) A response shall be given regarding any
				request reasonably describing the record or records sought within five business
				days of receipt of the request.
(c)
				A request shall reasonably describe the record or records sought. Whenever
				possible, a person requesting records should supply information regarding
				dates, file designations or other information that may help to describe the
				records sought.
(d) If the records
				access officer does not provide or deny access to the record sought within five
				business days of receipt of a request, he or she shall furnish a written
				acknowledgment of receipt of the request and a statement of the approximate
				date when the request will be granted or denied. If access to records is
				neither granted nor denied within 10 business days after the date of
				acknowledgment of receipt of a request, the request may be construed as a
				denial of access that may be appealed.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.6 - Subject matter list

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The records
				access officer shall maintain a reasonably detailed current list, by subject
				matter, of all records in its possession, whether or not records are available
				pursuant to subdivision 2 of section
				87 of the
				Public Officers Law.
(b) The
				subject matter list shall be sufficiently detailed to permit identification of
				the category of the record sought.
(c) The subject matter list shall be updated
				not less than twice per year. The most recent update shall appear on the first
				page of the subject matter list.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.7 - Denial of access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Denial of access to records shall be in writing, stating the reason therefor
				and advising the requester of the right to appeal to the individual or body
				established to hear appeals.
(b) If
				requested records are not provided promptly, as required in section
				2300.5 of this Part, such failure
				shall also be deemed a denial of access.
(c) The following person or persons or body
				shall hear appeals for denial of access to records under the Freedom of
				Information Law:
Counsel, New York State Project Finance Agency
1250 Broadway
New York, N.Y. 10001
(212) 736-4949
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.8 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall be
				no fee charged for:
(1) inspection of
				records;
(2) search for records;
				or
(3) any certification pursuant
				to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.9 - Public notice

Current through Register Vol. 46, No. 28, July 10, 2024
A notice containing the title or name and business address of
				  the records access officers and appeals person or body, and the location where
				  records can be seen or copied, shall be posted in a conspicuous location
				  wherever records are kept and/or published in a local newspaper of general
				  circulation.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2300 - Public Access To Records › Section 2300.10 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of this Part or the application thereof to
				  any person or circumstance is adjudged invalid by a court of competent
				  jurisdiction, such judgment shall not affect or impair the validity of the
				  other provisions of this Part or the application thereof to other persons and
				  circumstances.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2301 - Prompt Payment Policy Statement › Section 2301.1 - Statement of purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This policy statement is adopted pursuant to section
				  2880 of
				  the Public Authorities Law.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2301 - Prompt Payment Policy Statement › Section 2301.2 - Definition of terms

Current through Register Vol. 46, No. 28, July 10, 2024
For the purpose of this policy statement, the following terms
				  shall have the following meanings unless the context shall clearly indicate
				  otherwise:
(a) Agency shall mean the
				New York State Project Finance Agency.
(b) Contract shall mean an enforceable
				agreement entered into by the agency and a contractor, including purchase
				orders. Bond resolutions and purchase agreements are not contracts within the
				meaning of this section.
(c)
				Contractor shall mean any persons or organizations providing goods, property or
				services to the agency pursuant to a contract.
(d) Designated payment department shall mean
				that department within the agency to which a proper invoice is to be submitted
				by a contractor.
(e) Prompt payment
				shall mean payment of a debt due and owing by the agency before interest
				accrues thereon pursuant to the specifications herein.
(f) Proper invoice shall mean a written
				request for contract payment, setting forth the description, price and quantity
				of goods, property or services provided by a contractor in such form, and
				supported by such other substantiating documentation as the agency may
				reasonably require.
(g) Receipt of
				invoice shall mean either (1) the date on which a proper invoice is received by
				the designated payment department, or (2) the date on which the agency receives
				the purchased goods, property or services covered by the proper invoice,
				whichever is later.
(h) Setoff
				shall mean the reduction by the agency of a payment due to a contractor by an
				amount equal to the amount of an unpaid legally enforceable debt owed by the
				contractor to the agency.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2301 - Prompt Payment Policy Statement › Section 2301.3 - Rules and regulations

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Payment
				request procedure.
(1) Most contractors who
				are owed money by the agency shall send a proper invoice to the attention of
				Accounts Payable, the designated payment department of the agency. Accounts
				Payable will log the reception date of the invoice, and send the document to
				the unit within the agency that received the purchased goods, property or
				services from the contractor for review and verification.
(2) A small group of contractors will not
				have to request payment because their contracts provide for automatic payment
				at predetermined intervals without the necessity of an invoice. Accordingly,
				review and verification of the work of these contractors will take place prior
				to each scheduled payment date.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2301 - Prompt Payment Policy Statement › Section 2301.4 - Reports

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Statement
				filing. Within 30 days of the adoption of this statement, and of any amendments
				hereto, the agency shall file copies with the State Comptroller, the State
				Director of the Budget, the Chairman of the Senate Finance Committee and the
				Chairman of the Assembly Ways and Means Committee.
(b) Annual report. Within 90 days after the
				end of each fiscal year following January 1, 1989, the agency shall prepare an
				annual report on the scope and implementation of this prompt payment policy.
				The report shall include, but not be limited to, the following:
(1) a listing of the types or categories of
				contracts which the agency entered into during the 12-month period of the
				report, with an indication whether each such contract was subject to the prompt
				payment requirements, and if not, why not;
(2) the number and amount of interest
				payments made for contracts, arranged according to each such type or
				category;
(3) the number of
				interest-chargeable days, and the total number of days taken to process each
				late contract payment; and
(4) a
				summary of the principal reasons why such late payments had to be made.
Copies of this report shall be filed with the State
				  Comptroller, the State Director of the Budget, the Chairman of the Senate
				  Finance Committee and the Chairman of the Assembly Ways and Means
				  Committee.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXVIII - New York State Project Finance Agency › Part 2301 - Prompt Payment Policy Statement › Section 2301.5 - Miscellaneous provisions

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Statement amendment. The agency shall have the power to amend this policy
				statement by promulgating amended rules and regulations at any time.
(b) Contract incorporation. The policy
				statement in effect at the time of the creation of a contract is hereby
				incorporated into and made a part of that contract.
(c) Public access. The agency shall make
				copies of this policy statement, as well as the annual report, available to the
				public upon reasonable request at the agency's main office. In addition, the
				agency shall provide a copy of this policy statement to each
				contractor.
(d) Inapplicability of
				statute. The statute authorizing this statement is not applicable to the
				agency's contracts with other governmental agencies, to interest on judgments
				rendered by a court against the agency pursuant to any other statute, or in
				situations where the agency exercises a legally authorized setoff against all
				or part of a payment due a contractor.
(e) Legal processes. The agency is under no
				liability to pay interest pursuant to the statute after a contractor has filed
				a claim or given notice of an intention to file a claim or commenced legal
				action for payment of interest.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIX - Central Pine Barrens Joint Planning And Policy Commission › Part 2350 - Interim Goals And Standards For The Compatible Growth Area Of The Central Pine Barrens › Section 2350.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The Central Pine Barrens Joint Planning and Policy Commission
				  hereby adopts the following interim goals and standards for development in
				  accordance with applicable State law. These standards, upon their publication,
				  shall permit development to proceed in the compatible growth areas as shown on
				  the maps filed with the State. These standards are based on the best available
				  scientific evidence and municipal law and practice and are only intended to
				  serve as interim standards until such time as the land use plan for the Central
				  Pine Barrens is completed. These standards do not supersede existing laws,
				  regulations and approved procedures which must be complied with prior to
				  consideration by the Central Pine Barrens Joint Planning and Policy Commission.
				  Applicants for development during the interim period are strongly advised to
				  discuss their plans with commission staff so as not to incur needless expense
				  and time delay.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIX - Central Pine Barrens Joint Planning And Policy Commission › Part 2350 - Interim Goals And Standards For The Compatible Growth Area Of The Central Pine Barrens › Section 2350.2 - Intent

Current through Register Vol. 46, No. 28, July 10, 2024
The Central Pine Barrens Joint Planning and Policy Commission
				  ("the commission") recognizes the need for balanced growth, development and
				  preservation in the compatible growth area of the Central Pine Barrens. The
				  commission intends the following goals and standards to be interrelated.
				  Applicants will be required to meet all the published standards set forth
				  herein during the interim period in order to proceed with their development.
				  This document also contains policies and proposed recommendations or options
				  for development. These policies are intended as guidelines and not mandatory
				  standards.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XXXIX - Central Pine Barrens Joint Planning And Policy Commission › Part 2350 - Interim Goals And Standards For The Compatible Growth Area Of The Central Pine Barrens › Section 2350.4 - Referenced materials

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Publication's Title: Suffolk County Sanitary Code.
Volume Number: None.
Volume Title: None.
Sections or Pages Photocopied: Cover page, pages vi, vii,
				  xii, Articles 6, 7, and
12.
Author: Suffolk County Board of Health.
Publication Date: Revised 7/93.
Name and Address of Publisher: Suffolk County, c/o Suffolk
				  County Department of Health Services, 225 Rabro Drive, Hauppauge, New York
				  11788.
(b) Publication's
				Title: "Ecological Communities of New
York State".
Volume Number: None.
Volume Title: None.
Sections or Pages Photocopied: Pages viii through xi;
				  "Ecological
Communities and Element Occurrences the Pine Barrens of Long
				  Island, New
York," "Explanation of Heritage Ranks and Codes."
Author: Reschke, C.
Publication Date: 1990.
Name and Address of Publisher: New York Natural Heritage
				  Program, New York State Department of Environmental Conservation, 700
Troy-Schenectady Road, Latham, New York 12110.
(c) Publication's Title: Nonpoint
				Source Management Handbook.
Volume Number: None.
Volume Title: None.
Sections or Pages Photocopied: Page i; pages xi through xiii;
				  Chapter 5,
"Fertilizers", cover page, Table of Contents, pages 1
through 32; "References," cover page, pages 1 through
				  10.
Author: Long Island Regional Planning Board.
Publication Date: 1984.
Name and Address of Publisher: Long Island Regional Planning
				  Board, H. Lee Dennison Building, 12th floor, Veterans Memorial Highway,
				  Hauppauge, New York 11788.
(d) Publication's Title: Special Ground-Water
				Protection Area
Project for the Oyster Bay and Brookhaven Pilot Areas.
Volume Number: None.
Volume Title: None.
Sections or Pages Photocopied: cover page, pages 106,
				  107.
Author: Long Island Regional Planning Board.
Publication Date: 1986.
Name and Address of Publisher: Long Island Regional Planning
				  Board, H. Lee Dennison Building, 12th floor, Veterans Memorial Highway,
				  Hauppauge, New York 11788.
(e) Publication's Title: 208 Areawide Waste
				Treatment Management. Volume Number: I. Volume Title: Summary Plan. Sections or
				Pages Photocopied: cover page, pages 159, 160. Author: Nassau Suffolk Regional
				Planning Board. Publication Date: 1977. Name and Address of Publisher: Nassau
				Suffolk Regional Planning Board, H. Lee Dennison Building, 12th floor, Veterans
				Memorial Highway, Hauppauge, New York 11788.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2400 - Definitions › Section 2400.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
When used in this Chapter, the following terms shall have the
				  following meanings:
(a) Act shall mean
				the New York State Financial Emergency Act for the City of New York as enacted
				by section 2 of chapter 868 of the Laws of 1975, as amended.
(b) Board shall mean the New York State
				Emergency Financial Control Board created by the Act.
(c) City shall mean the City of New
				York.
(d) Covered organization
				shall have the same meaning as prescribed for that term in section 2 of the
				act.
(e) Emergency period shall
				have the same meaning as prescribed for that term in section 2 of the
				act.
(f) Executive director shall
				mean the executive director of the board.
(h) Financial plan shall have the same
				meaning as prescribed for that term in section 2 of the act.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2420 - Wage And Salary Policy › Section 2420.1 - Extension of the wage freeze

Current through Register Vol. 46, No. 28, July 10, 2024
The suspension of salary or wage increases and the suspension
				  of other payments pursuant to section 10 of the act are continued in effect
				  until the end of the emergency period.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2420 - Wage And Salary Policy › Section 2420.2 - General wage and salary policies

Current through Register Vol. 46, No. 28, July 10, 2024
The following general wage and salary policies shall be
				  applicable, during the emergency period or until such earlier time as the board
				  shall determine, to collective bargaining agreements of the city or any covered
				  organization:
(a) No agreement shall
				provide for general wage or salary increases or increases in costs of fringe
				benefits.
(b) No agreement shall
				provide for increases or adjustments to salaries or wages, including those
				based upon increases in the cost of living, unless such increases or
				adjustments are funded by independently measured savings realized, without
				reduction in services, through gains in productivity, reductions of costs of
				fringe benefits or through other savings or other revenues approved by the
				board, all of which savings shall be in addition to those provided for in the
				financial plan.
(c) Each agreement
				shall provide for a mechanism to permit savings in pension costs or other costs
				of fringe benefits during the term of agreement.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.1 - Designation of records access officer

Current through Register Vol. 46, No. 28, July 10, 2024
The executive director shall be responsible for insuring
				  compliance with the regulations in this Part and shall designate a records
				  access officer who shall have the duty of responding to public requests for
				  access to records of the board and coordinating public access to such
				  records.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.2 - Records available for public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
There shall be maintained, as available for public
				  inspection, the records and information required to be available for public
				  inspection by the Freedom of Information Law and such other information or
				  records as shall be designated by the board as available for public
				  inspection.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.3 - Location of records

Current through Register Vol. 46, No. 28, July 10, 2024
Records available for public inspection shall be maintained
				  at the offices of the Board, which are located at 270 Broadway, New York, New
				  York 10007.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.4 - Hours of public inspection

Current through Register Vol. 46, No. 28, July 10, 2024
Requests for public access to records shall be accepted and
				  records shall be available for public inspection on all regular business days
				  during the hours 9 a.m. to 5:30 p.m.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.5 - List of records

Current through Register Vol. 46, No. 28, July 10, 2024
A current list, by subject matter, of all records of the
				  board available for public inspection shall be maintained by the records access
				  officer, which list shall be available for public inspection and
				  copying.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.6 - Procedures for requests for public access to records

Current through Register Vol. 46, No. 28, July 10, 2024
(a) All requests for public access to records
				shall be directed to the records access officer.
(b) A request for public access to a record
				shall be specific and sufficiently detailed to identify the record sought to be
				inspected or copied and shall include, where possible, dates, titles, subject
				matter or other information which may help to identify the record
				sought.
(c) Upon receipt of a
				request for access to a record, the records access officer shall direct any
				review of the files necessary to locate the record requested. If the record can
				be located, the records access officer shall either:
(1) direct that such record be made available
				for inspection by the person who requested access to such record; or
(2) deny access to such record, in whole or
				in part, stating the reasons for such denial.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XL - Emergency Financial Control Board › Part 2430 - Public Access To Records Of The Board › Section 2430.7 - Fees and copies

Current through Register Vol. 46, No. 28, July 10, 2024
(a) There shall
				be no fee charged for:
(1) inspection of
				records;
(2) search for records;
				or
(3) any certification issued
				pursuant to this Part.
New York Codes, Rules and Regulations › Title 21 - Miscellaneous › Chapter XLI - Jones Beach State Parkway Authority › Part 2500 - Implementation State Environmental Quality Review Act › Section 2500.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The following
				definitions include terminology defined in section 8-0105 of article 8, in 6
				NYCRR 617.13 and in 6 NYCRR 618.2 together with additional terminology utilized
				by the Jones Beach State Parkway Authority that are relevant to this
				Part.
(b) Chairman means the
				chairman of the board of the Jones Beach State Parkway Authority.
(c) Authority means the Jones Beach State
				Parkway Authority.
(d) Applicant
				means any person making application or request for action by the
				authority.
(e) Agency means any
				State department, agency, board, public benefit corporation, public authority
				or commission or any local agency, including any village, town, city, county,
				board, district, commission, governing body and other political subdivision of
				the State.
(f) Action means any
				activity of the authority, except an exempt action as defined in this section,
				including, without limitation the following:
(1) physical activities that alter the use,
				makeup, form, structure or appearance of a naturally occurring, synthesized or
				artificially sustained natural resource or change the use of man-made
				structure;
(2) funding activities
				such as the proposing, approval or disapproval of contracts, grants, subsidies,
				loans, tax abatements or exemptions or other forms of direct or indirect
				financial assistance;
(3) licensing
				activities such as the proposing, approval or disapproval of a lease, permit,
				license, certificate or other entitlement for use or permission to
				act;
(4) planning activities such
				as site selection for other activities and the proposing, approval or
				disapproval of master or long range plans, zoning or other land use maps,
				ordinances or regulations, development plans or other plans designed to provide
				a program for future activities;
(5) policy making activities such as making
				modification, or establishment of rules, regulations, procedures, policies and
				guidelines; and
(6) tentative
				approvals as indicated in section
				2500.4 of this Part.