§ 3 — General powers and duties of the commissioner of general services

New York § 3

• Jurisdiction: New York
• Law PBB: Public Buildings
• Art. 2: Commissioner of General Services

Text

§ 3. General powers and duties of the commissioner of general\nservices. The commissioner of general services is authorized to:\n 1. accept and receive for erection or location in any of the public\nbuildings or grounds such statues, monuments, memorials or tablets\nhaving reference to historical events in the history or acts of the\ncitizens or soldiers of the state of New York as shall meet his\napproval, provided that such gifts are unconditional and are erected or\nlocated without expenditure from the state treasury.\n 2. cause the flags of the United States and the state flag bearing the\narms of the state, to be displayed upon the capitol building during the\ndaily sessions of the legislature and on public occasions, and cause the\nnecessary flagstaffs to be erected therefor. Cause the flag of the\nUnited States to be appropriately displayed at all times in the senate\nchamber and in the assembly chamber. Cause the flag of the United States\nto be appropriately displayed upon the walls of any hall or other\nmeeting place in a public building under his supervision and control\nduring any meeting or gathering of persons to which the public is\ninvited. The necessary expenses incurred thereby shall be paid out of\nthe treasury on the warrant of the comptroller.\n 3. without process and of his own authority, arrest and convey to any\nmagistrate in the county of Albany any person found disorderly or in the\ncommission of a breach of the peace within any building or on any\ngrounds under his supervision and control and designate employees in the\nunit having charge of the operation and maintenance of public buildings\nand grounds, who, on taking and filing an oath of office with the county\nclerk of Albany county, shall have the same power of arrest and\npresentment of complaint as the commissioner of general services.\n 4. Notwithstanding the provisions of this chapter or of any general or\nspecial law, and whenever funds therefor are available or have been\notherwise provided, the commissioner of general services is hereby\nauthorized and empowered, subject to the approval of the division of the\nbudget, to retain and employ private engineers, architects and\nconsultants, or firms practicing such professions, for the purposes of\n(1) preparing designs, plans and estimates of structures of any type and\ncharacter, (2) rendering assistance and advice in connection of any\nproject, whether defined or proposed, and under the supervision of the\noffice of general services, and (3) performing such other and necessary\nservices as the commissioner of general services may deem necessary in\nthe administration of the office of general services.\n 5. The commissioner of general services shall have power and it shall\nbe his duty to prepare the plans, specifications, designs and estimates,\nand, by the procedure and methods provided by the laws relating thereto,\nto construct and reconstruct the public buildings and grounds of the\nstate that are now or shall hereafter be under the jurisdiction of the\noffice of general services for such purposes.\n 6. Any other provision of law to the contrary notwithstanding, the\ncommissioner of general services may make any agreements with respect to\nany lands or properties acquired for state purposes in the city of\nAlbany pursuant to the recommendations of the temporary state commission\non the capital city, whereby such lands and properties may continue to\nbe occupied and used by the former owners, their tenants or assigns, or\nany other person or persons, for a period from the date of acquisition\nof such lands and properties until such time as the state requires\nactual physical possession, provided that during the period of such\noccupancy, such lands shall remain on the assessment rolls of the city\nof Albany and shall be subject to real estate taxes and assessments in\nthe same manner as privately owned lands. The right of the former owner\nor such other person or persons to occupy and use such lands shall be\nconditioned on the prompt payment of the full amount of such taxes and\nassessments, with interest and penalties, if any. The state shall not in\nany event be liable for real estate taxes or assessments on such lands.\nThe agreement may also provide for such other terms, including any\nadditional payments as net rentals, as the parties may stipulate. The\nrelationship of the state and such occupants shall be deemed to be that\nof landlord and tenant. A copy of any such agreement shall be filed with\nthe county clerk of the county of Albany. Any other provision of law to\nthe contrary notwithstanding, the commissioner of general services may\nalso enter into contracts or agreements with any other state agency or\nany person, firm or corporation for the management or operation of any\nsuch lands or properties until such time as the state requires actual\nphysical possession.\n 7. The provisions of this article and sections one hundred forty-three\nand one hundred forty-four of the state finance law shall not apply to\nacademic buildings, dormitories, and other facilities constructed,\nacquired, reconstructed, rehabilitated or improved for the use of the\nstate university of New York or any state-operated institution or\nstatutory or contract college under the jurisdiction thereof or for the\nuse of the students, faculty and staff of the state university or any\nsuch state-operated institution or statutory or contract college under\nthe jurisdiction thereof, and their families, or to contracts entered\ninto by the state university construction fund or the state university\ntrustees pursuant to article eight-a of the education law or to real\nproperty held in the name of the state for purposes of the state\nuniversity of New York or any state-operated institution or statutory or\ncontract college under the jurisdiction thereof. However, the office of\ngeneral services, by or through the commissioner of general services or\nhis duly authorized officer or employee, may construct, acquire,\nreconstruct, rehabilitate or improve such facilities in accordance with\nthe provisions of article eight-a of the education law pursuant to\nagreement with the state university construction fund, as agent for the\nstate university of New York.\n 8. The provisions of this article and sections one hundred forty-three\nand one hundred forty-four of the state finance law shall not apply to\nmental hygiene facilities constructed, acquired, reconstructed,\nrehabilitated or improved pursuant to the health and mental hygiene\nfacilities improvement act or to contracts entered into by the trustees\nof the mental hygiene facilities improvement fund or by the state\nhousing finance agency in relation thereto, or to real property held in\nthe name of the state for the corporate purposes of such fund, except\nthat the provisions of this article and sections one hundred forty-three\nand one hundred forty-four of the state finance law shall apply, so far\nas practicable, to such mental hygiene facilities as are constructed,\nacquired, reconstructed, rehabilitated or improved by the commissioner\nof general services under an agreement made with the trustees of the\nmental hygiene facilities improvement fund. The commissioner of general\nservices is hereby authorized and empowered to enter into any such\nagreement with the said trustees, upon such terms and conditions as may\nbe mutually acceptable and in accordance with any requirements of\nsubdivision two of section nine of the health and mental hygiene\nfacilities improvement act relating to the approval of the commissioner\nof mental hygiene as to architectural concept and the detailed plans and\nspecifications, the approval of the said trustees as to the proposed\nterms of construction contracts to be let by the commissioner of general\nservices under such agreement, the supervision of the work to be\nperformed, and the certification of bills for payment by the trustees of\nthe mental hygiene facilities improvement fund.\n 9. (a) The commissioner of general services shall have the power and\nit shall be his or her duty to equip that room in the state capitol\ncustomarily utilized by the governor to brief the members of the working\npress and news media with an assistive listening system for use by the\ndeaf and hard of hearing.\n (b) For purposes of this section, the term "assistive listening\nsystem" shall mean situational-personal acoustic communication equipment\ndesigned to improve the transmission and auditory reception of sound.\nSuch system shall include but not be limited to the use of standard\namplitude modulation (AM), frequency modulation (FM), audio induction\nloop, infrared light sound, or hard wire systems.\n 10. Notwithstanding any provision of this article or of any general or\nspecial law, upon written certification by the department or agency\nhaving jurisdiction that efficiency or economy will result therefrom,\nthe commissioner of general services may adopt and use standardized\nspecifications for a particular type, class or item of equipment,\nmaterial or system to be included in the plans and specifications\nprepared pursuant to this article. Such plans and specifications shall\nconform with sections seven thousand two hundred nine and seven thousand\nthree hundred seven of the education law.\n 11. Allot to the legislature and to the departments, commissions,\nboards and officers of the state government such space and room in the\npublic buildings or leased space that are now or shall be hereafter\nunder the supervision and control of the commissioner of general\nservices. Space in the state capitol occupied by the legislature, and\ncommittees and offices thereof, shall not be reduced nor other space\nsubstituted therefor without the approval of the temporary president of\nthe senate and speaker of the assembly. Where a statute provides, in\nterms or effect, that a department, commission, board or officer of the\nstate government shall have space or rooms in the state capitol, or in a\nbuilding in the city of Albany which is now or which shall hereafter be\nunder the supervision and control of the commissioner of general\nservices, the commissioner may, if space in the capitol or in any such\nbuilding be not adequate or available therefor, assign space or rooms\ntherefor in buildings, rooms or premises in such city that are now or\nthat shall be hereafter available by lease or leases as aforementioned.\n * 12. Lease from time to time buildings, rooms or premises in the\ncounty of Albany, and elsewhere as required, for providing space for\ndepartments, commissions, boards and officers of the state government,\nupon such terms and conditions as he or she deems most advantageous to\nthe state. Any such lease shall, however, be for a term not exceeding\nten years, except that, the commissioner of general services may enter\ninto leases for a term not exceeding fifteen years when, in the judgment\nof such commissioner, such longer term is in the best interests of the\nstate. Any such lease may provide for optional renewals on the part of\nthe state, for terms of ten years or less. Each such lease shall contain\na clause stating that the contract of the state thereunder shall be\ndeemed executory only to the extent of moneys available therefor and\nthat no liability shall be incurred by the state beyond the money\navailable for such purpose. Notwithstanding the provisions of any other\nlaw, except section sixteen hundred seventy-six of the public\nauthorities law relating to use of dormitory authority facilities by the\naged, the commissioner of general services shall have sole and exclusive\nauthority to lease space for state departments, agencies, commissions,\nboards and officers within the county of Albany. Any buildings, rooms or\npremises, now or hereafter held by the commissioner of general services\nunder lease, may be sublet, in part or in whole, provided that in the\njudgment of such commissioner, and the occupying department, commission,\nboard, and officers of the state government, such buildings, rooms or\npremises are not for a time needed. Notwithstanding any other provision\nof law to the contrary, if bonds or notes are issued pursuant to section\nsixteen hundred eighty-n of the public authorities law for the purpose\nof acquiring a building or other facility previously financed by a lease\nor lease-purchase obligation as authorized herein, the state agency\nwhich is the tenant in occupancy shall be authorized to remit tax\npayments or payments in lieu of thereof to the appropriate taxing\nauthority in a manner consistent with the process and term established\nunder the original lease or lease-purchase for the subject property for\na period coincident with the term of the lease as established at the\ncommencement of the term thereof. The state may undertake a certiorari\nreview of assessments that may be imposed from time to time.\n * NB Effective until June 30, 2030\n * 12. Lease from time to time buildings, rooms or premises in the\ncounty of Albany, and elsewhere as required, for providing space for\ndepartments, commissions, boards and officers of the state government,\nupon such terms and conditions as he or she deems most advantageous to\nthe state. Any such lease shall, however, be for a term not exceeding\nten years, but may provide for optional renewals on the part of the\nstate, for terms of ten years or less. Each such lease shall contain a\nclause stating that the contract of the state thereunder shall be deemed\nexecutory only to the extent of moneys available therefor and that no\nliability shall be incurred by the state beyond the money available for\nsuch purpose. Notwithstanding the provisions of any other law, except\nsection sixteen hundred seventy-six of the public authorities law\nrelating to use of dormitory authority facilities by the aged, the\ncommissioner of general services shall have sole and exclusive authority\nto lease space for state departments, agencies, commissions, boards and\nofficers within the county of Albany. Any buildings, rooms or premises,\nnow or hereafter held by the commissioner of general services under\nlease, may be sublet, in part or in whole, provided that in the judgment\nof the commissioner, and the occupying department, commission, board,\nand officers of the state government, such buildings, rooms or premises\nare not for a time needed.\n * NB Effective June 30, 2030\n 13. (a) In his or her discretion, lease space in any public building\nor other premises under his or her supervision and control, pursuant to\nthis article, to any person, firm or corporation, for the operation of\nrestaurants, retail stores, vending stands for the sale of newspapers,\nperiodicals, confections and such other articles that are not tobacco\nproducts, as may be approved by the commissioner for each stand, and for\nbootblack service. Any such lease shall be subject to such terms and\nconditions as he or she may deem proper, but for a term not exceeding\nfive years, except that the commissioner may, in his or her discretion,\nlease space for a term of not more than ten years where extensive\nrenovation or repair to or improvement of the space is required of or by\nthe lessee and the commissioner determines that it is reasonable for the\ncosts thereof to be amortized over a term greater than five years.\nNothing herein shall restrict the commissioner from providing in any\nsuch lease for its renewal or extension, at the commissioner's option,\nfor terms of five years or less. However, in order to provide blind\npersons with remunerative employment, enlarge their economic\nopportunities and facilitate their efforts to be self-supporting,\nwhenever feasible, permits shall be given to the state department of\nsocial services for the operation of vending stands and machines.\n (b) Issue to the office of children and family services a permit for\nany of the purposes mentioned in this subdivision to be operated by a\nblind person or persons as defined in subdivision four of section two\nhundred eight of the social services law or for the operation of vending\nmachines and similar devices dispensing food, confections, coffee, tea,\nmilk, soft drinks and such other articles, that are not tobacco\nproducts, as may be approved by him or her in consultation with the\noffice of children and family services, for the benefit of the general\npurposes of the business enterprise program for the blind of the office\nof children and family services commission for the blind, and upon such\nterms and conditions as the commissioner may deem proper but without\nprovision for payment of rent or other consideration for such permits,\nand for a term not exceeding five years, which permit may be extended\nand renewed. Such permit shall include a provision authorizing the\noffice of children and family services to assign or transfer such permit\nto a blind person or persons, as herein referred to, for the purposes\naforesaid, and it shall also provide that the office of children and\nfamily services shall send to the commissioner a notice of any\nassignment or transfer as aforesaid, which notice shall contain such\ninformation as the commissioner shall require. The permit and any\nassignment or transfer thereof shall reserve (i) to the office of\nchildren and family services the power of supervision over the conduct\nand operation of the premises covered thereby and (ii) to the\ncommissioner of general services the right to revoke such permit or the\nassignment or transfer thereof upon the mailing to the last known\naddress of the assignee or assignees a notice of such revocation to be\neffected within such period of time as the commissioner shall deem to be\nreasonable.\n (c) If he or she shall deem it necessary to cause the removal of a\nlessee, licensee or assignee from the demised premises, other than the\nNew York state commission for the blind, or its licensee, the\ncommissioner of general services shall cause the lessee, licensee or\nassignee and his or her representative to be removed therefrom and the\npossession to be delivered to the commissioner of general services in\nthe same manner and by the same proceedings and before the same officers\nas provided for in article seven of the real property actions and\nproceedings law. The proceedings shall be brought in the name of the\ncommissioner of general services as an agent of the state. If any person\nproceeded against shall contest the petition by an answer raising any\nmaterial issue the attorney general shall be notified, and he or she\nthereafter shall represent the petitioner in the proceedings.\n 14. Where the use of any state-owned real property is not presently\nrequired for any other state purpose, the department, board, commission,\ndivision, or other state agency having jurisdiction thereof, may, with\nthe approval of the commissioner of general services, temporarily lease\nor operate such property in such manner as will produce net revenue for\nthe support of the state (a) by the forces and equipment of such\ndepartment, board, commission, division or other state agency, or (b) by\ncontracting for the management and operation thereof with any person,\nfirm or corporation, or (c) by a combination of such methods, but no\nsuch contract nor any lease or permit for the use of such property shall\nbe made for a period exceeding five years from the date thereof. All\nexpenses incident to the leasing, use or operation of any such property\nshall be paid out of the gross revenue therefrom and shall not be a\ncharge against the state. Insofar as the provisions of this subdivision\nmay conflict with the provisions of section one hundred twenty-one of\nthe state finance law or provisions of any other law, the provisions of\nthis subdivision shall control and the same shall not be deemed to be\nrepealed, altered or superseded by implication by the enactment or\namendment of any other law. The use and occupancy of any such property\npursuant to any license, lease, permit or contract made under the\nprovisions of this subdivision and the right of the state or its duly\nauthorized agent to recover possession thereof shall not be subject to\nthe emergency housing rent control law. Where it is necessary to cause\nthe removal of an occupant of any such property, the head of the\ndepartment, board, commission, division or other state agency having\njurisdiction thereof may cause such occupant to be removed therefrom and\nthe possession thereof to be delivered to him or her as agent of the\nstate in the same manner and by the same proceedings in the same court\nor before the same judge or justice as is now or hereafter may be\nprovided by law for the removal of a tenant holding over after the\nexpiration of his or her term without the permission of the landlord.\nThe proceeding shall be brought in the name of such head of such\ndepartment, board, commission, division or other state agency having\njurisdiction of such property, as agent of the state.\n 15. The provisions of subdivision fourteen of this section shall not\napply to the following state-owned lands:\n (a) Lands under the jurisdiction of the commissioner of general\nservices.\n (b) Lands under the jurisdiction of a state or interstate authority,\ncommission or agency, the leasing of which is authorized by any other\nlaw.\n (c) Lands acquired by the commissioner of transportation for purposes\nconnected with the construction, reconstruction, improvement or\nmaintenance of a state highway or other duly authorized project.\n (d) Lands acquired by the commissioner of general services pursuant to\nchapter two hundred thirty-seven of the laws of nineteen hundred\nforty-six.\n (e) Lands subject to the provisions of the salt springs law.\n