N.Y. Public Buildings Law § 3: General powers and duties of the commissioner of general services

§ 3. General powers and duties of the commissioner of general

services. The commissioner of general services is authorized to:

1. accept and receive for erection or location in any of the public

buildings or grounds such statues, monuments, memorials or tablets

having reference to historical events in the history or acts of the

citizens or soldiers of the state of New York as shall meet his

approval, provided that such gifts are unconditional and are erected or

located without expenditure from the state treasury.

2. cause the flags of the United States and the state flag bearing the

arms of the state, to be displayed upon the capitol building during the

daily sessions of the legislature and on public occasions, and cause the

necessary flagstaffs to be erected therefor. Cause the flag of the

United States to be appropriately displayed at all times in the senate

chamber and in the assembly chamber. Cause the flag of the United States

to be appropriately displayed upon the walls of any hall or other

meeting place in a public building under his supervision and control

during any meeting or gathering of persons to which the public is

invited. The necessary expenses incurred thereby shall be paid out of

the treasury on the warrant of the comptroller.

3. without process and of his own authority, arrest and convey to any

magistrate in the county of Albany any person found disorderly or in the

commission of a breach of the peace within any building or on any

grounds under his supervision and control and designate employees in the

unit having charge of the operation and maintenance of public buildings

and grounds, who, on taking and filing an oath of office with the county

clerk of Albany county, shall have the same power of arrest and

presentment of complaint as the commissioner of general services.

4. Notwithstanding the provisions of this chapter or of any general or

special law, and whenever funds therefor are available or have been

otherwise provided, the commissioner of general services is hereby

authorized and empowered, subject to the approval of the division of the

budget, to retain and employ private engineers, architects and

consultants, or firms practicing such professions, for the purposes of

(1) preparing designs, plans and estimates of structures of any type and

character, (2) rendering assistance and advice in connection of any

project, whether defined or proposed, and under the supervision of the

office of general services, and (3) performing such other and necessary

services as the commissioner of general services may deem necessary in

the administration of the office of general services.

5. The commissioner of general services shall have power and it shall

be his duty to prepare the plans, specifications, designs and estimates,

and, by the procedure and methods provided by the laws relating thereto,

to construct and reconstruct the public buildings and grounds of the

state that are now or shall hereafter be under the jurisdiction of the

office of general services for such purposes.

6. Any other provision of law to the contrary notwithstanding, the

commissioner of general services may make any agreements with respect to

any lands or properties acquired for state purposes in the city of

Albany pursuant to the recommendations of the temporary state commission

on the capital city, whereby such lands and properties may continue to

be occupied and used by the former owners, their tenants or assigns, or

any other person or persons, for a period from the date of acquisition

of such lands and properties until such time as the state requires

actual physical possession, provided that during the period of such

occupancy, such lands shall remain on the assessment rolls of the city

of Albany and shall be subject to real estate taxes and assessments in

the same manner as privately owned lands. The right of the former owner

or such other person or persons to occupy and use such lands shall be

conditioned on the prompt payment of the full amount of such taxes and

assessments, with interest and penalties, if any. The state shall not in

any event be liable for real estate taxes or assessments on such lands.

The agreement may also provide for such other terms, including any

additional payments as net rentals, as the parties may stipulate. The

relationship of the state and such occupants shall be deemed to be that

of landlord and tenant. A copy of any such agreement shall be filed with

the county clerk of the county of Albany. Any other provision of law to

the contrary notwithstanding, the commissioner of general services may

also enter into contracts or agreements with any other state agency or

any person, firm or corporation for the management or operation of any

such lands or properties until such time as the state requires actual

physical possession.

7. The provisions of this article and sections one hundred forty-three

and one hundred forty-four of the state finance law shall not apply to

academic buildings, dormitories, and other facilities constructed,

acquired, reconstructed, rehabilitated or improved for the use of the

state university of New York or any state-operated institution or

statutory or contract college under the jurisdiction thereof or for the

use of the students, faculty and staff of the state university or any

such state-operated institution or statutory or contract college under

the jurisdiction thereof, and their families, or to contracts entered

into by the state university construction fund or the state university

trustees pursuant to article eight-a of the education law or to real

property held in the name of the state for purposes of the state

university of New York or any state-operated institution or statutory or

contract college under the jurisdiction thereof. However, the office of

general services, by or through the commissioner of general services or

his duly authorized officer or employee, may construct, acquire,

reconstruct, rehabilitate or improve such facilities in accordance with

the provisions of article eight-a of the education law pursuant to

agreement with the state university construction fund, as agent for the

state university of New York.

8. The provisions of this article and sections one hundred forty-three

and one hundred forty-four of the state finance law shall not apply to

mental hygiene facilities constructed, acquired, reconstructed,

rehabilitated or improved pursuant to the health and mental hygiene

facilities improvement act or to contracts entered into by the trustees

of the mental hygiene facilities improvement fund or by the state

housing finance agency in relation thereto, or to real property held in

the name of the state for the corporate purposes of such fund, except

that the provisions of this article and sections one hundred forty-three

and one hundred forty-four of the state finance law shall apply, so far

as practicable, to such mental hygiene facilities as are constructed,

acquired, reconstructed, rehabilitated or improved by the commissioner

of general services under an agreement made with the trustees of the

mental hygiene facilities improvement fund. The commissioner of general

services is hereby authorized and empowered to enter into any such

agreement with the said trustees, upon such terms and conditions as may

be mutually acceptable and in accordance with any requirements of

subdivision two of section nine of the health and mental hygiene

facilities improvement act relating to the approval of the commissioner

of mental hygiene as to architectural concept and the detailed plans and

specifications, the approval of the said trustees as to the proposed

terms of construction contracts to be let by the commissioner of general

services under such agreement, the supervision of the work to be

performed, and the certification of bills for payment by the trustees of

the mental hygiene facilities improvement fund.

9. (a) The commissioner of general services shall have the power and

it shall be his or her duty to equip that room in the state capitol

customarily utilized by the governor to brief the members of the working

press and news media with an assistive listening system for use by the

deaf and hard of hearing.

(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 and such other articles that are not tobacco

products, 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, coffee, tea,

milk, soft drinks and such other articles, that are not tobacco

products, 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.