§ 7-103 — Transitional provisions

New York § 7-103

• Jurisdiction: New York
• Law ENG: Energy
• Art. 7: Transfer of Functions

Text

§ 7-103. Transitional provisions. 1. Upon the transfer of functions\npursuant to this article within the state fiscal year within which this\nact shall take effect, provision shall be made for the transfer to the\nstate energy office of employees of all directly affected state agencies\nwhom the commissioner determines to be required by the office, subject\nto the approval of the director of budget. Employees so transferred\nshall be transferred without further examination or qualification and\nshall retain their respective civil service classifications and status\nuntil or unless reclassified or reallocated. For the purpose of\ndetermining the employees holding permanent appointments in competitive\nclass positions to be transferred, such employees shall be selected in\neach class of positions in the order of their original appointment, with\ndue regard to the right of preference in retention of disabled and\nnondisabled veterans. Any such employee who, at the time of such\ntransfer, has a temporary or provisional appointment shall be\ntransferred subject to the same right of removal, examination or\ntermination as though such transfer had not been made. Employees holding\npermanent appointments in competitive class positions who are not\ntransferred pursuant to this section shall have their names entered upon\nan appropriate preferred list for reinstatement pursuant to the civil\nservice law.\n 2. The directors and officers of state agencies, the functions,\npowers, duties and obligations of which are transferred by this chapter\nshall deliver to the state energy office all books, papers, records and\nproperty of such agencies, and of the directors and officers thereof\npertaining to the functions herein transferred.\n 3. For the purpose of succession to all functions, powers, duties and\nobligations of state agencies, or directors and officers thereof,\ntransferred and assigned to, devolved upon and assumed by the state\nenergy office, such office shall be deemed and held to constitute the\ncontinuation of such agencies and not a different agency or authority.\n 4. Any business or other matter undertaken or commenced by any agency\nor the officers and directors thereof, pertaining to or connected with\nthe functions, powers, obligations and duties hereby transferred and\nassigned, and pending on the effective date of this chapter, may be\nconducted and completed by the state energy office in the same manner\nand under the same terms and conditions and with the same effect as if\nconducted and completed by such agencies, directors and officers\nthereof.\n 5. All rules, regulations, acts, determinations and decisions of all\nagencies and directors and officers thereof, pertaining to the functions\ntransferred and assigned by this chapter to the state energy office in\nforce at the time of such transfer, assignment, assumption or devolution\nshall continue in force and effect as rules, regulations, acts,\ndeterminations and decisions of the state energy office until duly\nmodified or repealed.\n 6. Whenever any agencies or directors and officers thereof, the\nfunctions, powers obligations and duties of which are transferred by\nthis chapter to the state energy office are referred to or designated in\nany law, contract or document pertaining to the functions, powers,\nobligations and duties hereby transferred and assigned, such reference\nor designation shall be deemed to refer to the state energy office.\n 7. No existing right or remedy of any character shall be lost,\nimpaired or affected by reason of this chapter.\n 8. No action or proceeding pending at the time when this chapter shall\ntake effect, brought by or against any agencies or directors and\nofficers thereof, the functions, powers, obligations and duties of which\nare transferred by this chapter to the state energy office shall be\naffected by any provisions of this chapter, but the same may be\nprosecuted or defended in the name of the state energy office. In all\nsuch actions and proceedings, the state energy office, upon application\nto the court, shall be substituted as a party.\n 9. All appropriations or reappropriations heretofore made to any\nagency for the functions and purposes herein transferred to the state\nenergy office by this chapter, segregated pursuant to law, or for\nemployees transferred pursuant to this chapter, to the extent of\nremaining unexpended or unencumbered balances thereof, whether allocated\nor unallocated and whether obligated or unobligated, are hereby\ntransferred to and made available for use and expenditure by the state\nenergy office subject to the approval of the director of the budget for\nthe same purposes for which originally appropriated or reappropriated\nand shall be payable on vouchers certified or approved by the\ncommissioner on audit and warrant of the comptroller. Payments for\nliabilities for expenses of personal service, maintenance and operation\nheretofore incurred by such agencies, in connection with the functions\nherein transferred, shall also be made on vouchers or certificates\napproved by the commissioner on audit and warrant of the comptroller.\n