2006 New York Code - 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 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 hearing
  impaired.
    (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.
    To  provide  for space requirements of state departments, agencies and
  offices pursuant to this section, the commissioner of  general  services
  may  contract  for  the  lease-purchase  of  real property, on terms and
  conditions deemed by him or her most advantageous to the state,  subject
  to  the  approval  thereof by the director of the budget. The lease term
  for any such acquisition may be a period not exceeding thirty years, and
  the title to any real property to be acquired by lease-purchase shall be
  approved by the attorney general.
    * NB Effective until June 30, 2010
    * 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.
    To  provide  for space requirements of state departments, agencies and
  offices pursuant to this section, the commissioner may contract for  the
  lease-purchase  of  real property, on terms and conditions deemed by him
  or her most advantageous to the state, subject to the  approval  thereof
  by  the  director of the budget. The lease term for any such acquisition
  may be a period not exceeding thirty years, and the title  to  any  real
  property  to  be  acquired  by  lease-purchase  shall be approved by the
  attorney general.
    * NB Effective June 30, 2010
    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 state department of social 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 department of social
  services, for the benefit  of  the  general  purposes  of  the  business
  enterprise  program  for  the  blind  of  the state department of social
  services commission for the blind and  visually  handicapped,  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 department of social 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  department  of  social
  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 department of social  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 and visually handicapped, 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.