§ 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.