(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, tobacco products and such other articles 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, tobacco
products, coffee, tea, milk, soft drinks and such other articles 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.
Structure New York Laws
Article 2 - Commissioner of General Services
2-A - Park North of Capitol and East of the State Education Building.
3 - General Powers and Duties of the Commissioner of General Services.
4 - Rooms for the Grand Army of the Republic and United Spanish War Veterans.
5 - Quarters for Veterans of Foreign Wars.
5-A - Quarters for Disabled American Veterans.
5-B - Quarters for Vietnam Veterans of America.
5-C - Samuel J. Abbott Commemorative Plaque.
5-C*2 - Pow/mia Chair and Plaque in the Capitol.
6 - Construction Plans; Custody; Approval; and Procedure Notwithstanding Local Requirements.
10 - Disposal of Buildings and Improvements on State Lands, or on Lands Under Lease to the State.
11 - Pilot Program of Bicycle Parking Facilities.
19 - Manner of Doing Work or Acquiring Material.
20 - Work Done by Special Order.
22 - When Appropriations Are Available; Appropriations for Two or More Objects.