N.Y. Energy Law § 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.