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teristics of such samples or specimens for the purposes of public personal health protection or the protection of the environment or natural resources. Environmental laboratories shall not include laboratory chemical testing associated with residential water softeners and residential swimming pools.

2. No environmental laboratory may perform any examination on samples collected in the state of New York for which the commissioner issues certificate of approval for such examination unless the laboratory has been issued such certificate of approval. Șuch laboratory examinations shall conform to any conditions under which the approval is granted.

3. The commissioner may issue [to laboratories certificates of approval covering such laboratory examinations as the sanitary code may require to be made in laboratories approved for such examinations, and he may issue] to laboratories certificates of approval covering laboratory examinations, including but not limited to, specific procedures or specialities within such [catagories] categories as wastewaters, potable waters, sediments, solid wastes, and air, and may prescribe the conditions under which such approvals will be granted.

Notwithstanding any other conditions which he may prescribe, such an approval shall not be issued hereafter to a laboratory, not heretofore approved, unless the director or other person in charge of such examinations' shall possess such educational and technical qualifications as the commissioner shall prescribe.

[2.] 4. No state agency, authority, county, city, including the city of New York, town, village, water district, sewer district other political subdivision of the state shall contract with any laboratory for laboratory examinations for which the commissioner issues certificates of approval pursuant to subdivision [one} three of this section, unless such laboratory has been issued such certificate.

[3.] 5. Subject to the approval of the director of the budget, the commissioner shall charge adequate and reasonable fees for the periodic inspection of out-of-state laboratories.

[4.] 6. Subject to the approval of the director of the budget, the commissioner shall charge laboratories fees to recover the cost to the department of operating this program. The commissioner may waive all or any part of such fee charges for laboratories operated by the state. Fees shall include the following:

(a) a basic amount of five hundred dollars to be charged to each laboratory;

bthe balance of the program cost from: to total adjusted volume of analytes performed by the laboratory, in the preceding year as defined in regulations of the department, the total amount collected from which shall equal fifty percent of the balance of the program costs;

(2) an additional amount to be charged to each laboratory proportional to the number of analytes for which such laboratory

maintains its certification.

Subparagraph one of paragraph (b) of this subdivision shall not apply to government laboratories.

[3.] 7. (a) The commissioner shall appoint an advisory board that shall make recommendations to the commissioner for improving the program. The deliberations and recommendations of the advisory board shall include but not be limited to the following areas: means of reducing costs and duplication of certification and the feasibility and cost effectiveness of reciprocity with other laboratory approval programs,

(b) The advisory board shall consist of seven members, each who shall be, by professional training or experience and attainment, qualified to anályze and interpret matters pertaining to the operation and certifica, tion of laboratories subject to this section. At least one member shall be a representative from a private commercial laboratory;, at least one shall be a representative from a county municipal laboratory; at least

shall be a representative from a private non-commercial laboratory; and at least one shall be a representative from

the

state department of environmental conservation.

(c) The advisory board shall meet as often as their duties necessitate and members shall serve without compensation but shall be allowed their actual and necessary expenses

incurred in the performance of their duties hereunder. EXPLANATION-Matter in italics is new; matter in brackets [] is old law

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(d) Within six months of the effective date of this subdivision, the commissioner shall report to the legislature the feasibility of reducing costs and duplication of certification and the feasibility and cost effectiveness of reciprocity agreements with other laboratory approval programs.

[6.] 8. For those categories, procedures or specialities as specified in subdivision [one] three for which the commissioner has issued certificates of approval, the commissioner shall within thirty days of receipt of an application for a certificate from a laboratory existing before April first, nineteen hundred ninety-three, which is initially required to obtain certification, review such application and issue interim certificate of approval in the particular category, procedure or speciality to all laboratories which provide adequate documentation in their application that they are capable of performing quality work in the category, procedure or speciality under review. An interim certificate of approval in specified categories will remain valid until such time as the commissioner shall reach a determination on the application.

[7.] 9. The commissioner may adopt and amend rules and regulations to effectuate the provisions and purposes of this title.

10. A person who intentionally violates or refuses or omits to comply with subdivision two of this section, or any regulation adopted pursuant thereto, is guilty of a misdemeanor, punishable upon conviction by inprisonment for not more than one year or by a fine of not more than thousand dollars or by both such fine and imprisonment. A second or subsequent conviction shall be punishable by imprisonment for not more than one year or a fine of not more than two thousand five hundred dollars or by both_such fine and imprisonment:

§ 2. This act shall take effect April 1, 1993.

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CHAPTER 700

AN ACT to amend the education law, in relation to expanding the

authority of school districts to lease facilities and providing state building aid for such lease expense

Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assenbly, do enact as follows:

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Section 1. Section 403-b of the education law, as amended by chapter 567 of the laws of 1976 and paragraph b of subdivision 1 as amended by chapter 860 of the laws of 1981, is amended to read as follows:

$ 403-b. Leasing of [surplus] school buildings and facilities, 1. The board of education of any union free central school district is hereby authorized to enter into a lease with any other union free or central school district providing for the use and occupancy by any such school district of a school building, or a portion thereof, owned by such other school district, provided such lessee school district is within a reasonable distance, as determined by the commissioner, from the lessor school district, [and,] subject to the [following] conditions[:] set forth in this subdivision. The board of education of any union free or central school district is hereby authorized to enter into a lease with any person, partnership or corporation for use and occupancy of a building or facility, or a portion thereof, owned by such person, partnership, corporation for use as a school facility provided that such building or facility is located within the school district and subject to the conditions set forth in this subdivision.

[no] No such lease shall be for a period of more than five years, except thāt the term of such a lease may exceed five years if the

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proval of the voters of the school district which will become the lessee 'is obtained before the lease is executed. Notwithstanding any other provision of this section to the contrary, the initial term of such a lease, not including any renewals thereof, may not exceed the period of probable usefulness that would be prescribed for such building or facilities by the local finance law if the building or facility were owned by a school district.

b. [the] The approval of the voters of the school district which will become the lessee shall be obtained (before such lease shall become effective except where the commissioner determines a sufficient emergency exists to permit a temporary lease not to exceed one year] for any, capital project to be undertaken in a leased building or facility during the term of the lease, provided however that any such capital project shall be subject to the prior approval of the commissioner and shall only be approved where the commissioner finds that the need for such project has been established to the commissioner's satisfaction.

c. (such] Such lease shall not become effective until the commissioner shall have approved the same. In approving such leases, the commissioner shall determine: (i) that the leased facility meets all applicable standards for the health, safety, and comfort of occupants; (ii) that the leased

facility is educationally adequate as determined by the commissioner for new construction or rehabilitation, and (iii) that district has a current five-year facilities plan, or other long-range facilities plan as applicable, that is consistent with the regulations of the missioner, and includes the proposed lease as well as all other planned acquisitions, disposals and leasing of buildings facilities for school purposes during the period of the plan.,

d. Any such lease may be renewed, provided however that the approval of the voters of the school district which will become the lessee shall be obtained before such renewal is executed.

To be eligible for aid pursuant to subdivision six of section thirty-six hundred two of this chapter, such leased school facility shall meet requirements for access by individuals with disabilities to both facilities and programs, as defined in regulations of the

commissioner, and the leased space shall be used to house programs for pupils in grades kindergarten through twelve, with minimal associated administrative and support services space as approved by the commissioner, f. The term "lease",

used in this section, shall not include a lease with an option to purchase. Any lease entered

pursuant

to this section shall include a provision that the lease shall be void and unenforceable if entered into in violation of section eight hundred

of the general municipal law or section four hundred ten of this chapter,

2. Any union free or central school district which shall have leased a school building from another school district or from a person, partnership or corporation pursuant to the provisions of this section is hereby authorized to operate and conduct school in such building in all respects as though such school building were owned by and located within the boundaries of such school district. The average daily attendance of pupils attending such school shall be included in the average daily attendance of such lessee district as certified to the commissioner in the report of the board of education.

3. A school district providing transportation between (such) a school building leased from another district and the homes of the children attending such school shall be entitled to transportation aid as though such school were located within the lessee school district.

§ 2. Subdivision 8 of section 2503 of the education law, as amended by chapter 198 of the laws of 1973, is amended to read as follows:

8. Shall lease, for such term as may be necessary, and equip property when necessary for the purpose of furnishing school accommodations for the schools of the district and may enter into leases or lease-purchase agreements under the same terms and conditions as may boards of education of union free school districts, except as to the requirement of voter approval. To be eligible for aid pursuant to subdivision six of section thirty-six hundred two of this chapter, any such lease or leasepurchase agreement shall be approved by the commissioner prior to execution; the leased space shall meet requirements for access by individuals with disabilities to both facilities and programs, as defined in regulations of the commissioner; the requirements set forth in paragraphs a, EXPLANATION—Matter in italics is new; matter in brackets [ ] is old law

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b, c, d and f of subdivision one of section four hundred three-b of this chapter shall be met, except for the requirement of voter approval; in the case of a lease-purchase agreement the requirements of section hundred three-b of the general municipal law shall be met; and the leased space shall be used to house programs for pupils in grades kindergarten through twelve, with minimal associated administrative and support services space as approved by the commissioner.

§ 3. Subdivision 6 of section 2554 of the education law, as amended by chapter 691 of the laws of 1990, is amended to read as follows:

6. To lease[, in the cities of New York and Buffalo,] property required for the purpose of furnishing school accommodations for schools administered by the board of education [of the cities of New York and Buffalo] and to prepare and execute leases therefor. To be eligible for aid

pursuant to subdivision six of section thirty-six hundred two of this chapter, any such lease shall be approved by the commissioner prior to execution; the leased space shall meet requirements for access by individuals with disabilities to both facilities and programs, as defined in regulations of the commissioner; the requirements set forth in paragraphs a, b, c, d and f of subdivision one

of

section four hundred three-b of this chapter shall be met, except for the requirement of voter approval; and the leased space shall be used to house programs for pupils in grades kindergarten through twelve, with minimal associated administrative and support services space as approved by the commissioner.

§ 4. The opening paragraph of subdivision 6 of section 3602 of the education law as amended by chapter 810 of the laws of 1987, is amended to read as follows:

Any apportionment to a school district pursuant to this subdivision shall be based upon başe year approved expenditures for capital outlays from its general fund, capital fund or reserved funds and current year approved expenditures for debt service and lease other annual payments to the New York city educational construction fund created by article ten of this chapter or the city of Yonkers educational construction fund created by article ten-B of this chapter which have been pledged to secure the payment of bonds, notes or other obligations issued by the fund to finance the construction, acquisition, reconstrucs tion, rehabilitation or improvement of the school portion of combined occupancy structures or" for lease or other annual payments to the New York state urban development corporation created by chapter one hundred seventy-four of the laws of nineteen hundred [and] sixty-eight, pursuant to agreement between such school district and such corporation relating to the construction, acquisition, reconstruction, rehabilitation or improvement of any school building or for lease, lease-purchase or other annual payments to another school district or person, partnership or corporation pursuant to an agreement made under the provisions of section four hundred three-b, subdivision eight of section twenty-five hundred three, or subdivision six of section twenty-five hundred fifty-four of this chapter. In any such case approved expenditures shall be only for new construction, reconstruction, purchase of existing structures, for site purchase and improvement, for new garages, for original equipment, furnishings, machinery, or apparatus, and for professional fees and other costs incidental to such construction or reconstruction, or purchase of existing structures. In the case of lease or leasepurchase agreement entered pursuant to section four hundred three-b, subdivision eight of section twenty-five hundred three subdivision six of section twenty-five hundred fifty-four of this chapter, approved expenditures for the lease or other annual payments shall not include the costs of heat, electricity, water or other utilities or the costs of operation or maintenance of the leased facility. An apportionment shall be available pursuant to this subdivision for construction, reconstrucţion, rehabilitation or improvement in a building, or, portion thereof, being leased by a school district only if the lease is for å term of at least ten years subsequent to the date of the general construction contract for such construction, reconstruction, rehabilitation or improvement.

၌ 5. This act shall take effect on the first day of July in the year in which it shall have become a law, except that the amendment to the opening paragraph of subdivision 6' of section 3602 of the education law made by section four of this act shall expire on the same date

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such paragraph expires and except that if it shall have become a law subsequent to such day this act shall take effect immediately.

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CHAPTER 701

AN ACT to amend the banking law, in relation to increasing the limit

that a state chartered credit union may invest in land and buildings and to allow leasing activities

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Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 18 of section 453 of the banking law, as amended by chapter 250 of the laws of 1990, is amended to read follows:

18. Acredit union shall have the power to purchase a plot whereon there is or may be erected a building, suitable for the transaction of its business, from portions of which not required for its own use a revenue may be derived, and a plot whereon parking accommodations are or are to be provided, with or without charge, primarily for its members or employees or both; provided that the aggregate of all investments of any credit union in such plots and building shall be limited to (twentyfive] fifty per centum of the surplus account of such credit union cept with the approval of the superintendent.

§ 2. Section 453 of the banking law is amended by adding a new subdivision 27 to read as follows: 27. To acquire and lease

and lease personal property to the same extent as authorized under subdivision twelve of section ninety-six of this chapter, subject to such limitations and conditions as the banking board may from time to time prescribe by general regulation.

$ 3. This act shall take effect immediately; provided, however, that section two of this act shall take effect 180 days after the

date upon which this act shall have become a law.

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CHAPTER 702

AN ACT to amend the private housing finance law, in relation to the creation of the New York city residential mortgage insurance corporation as a subsidiary corporation of the New York city housing development corporation and to amend the real property tax law, the adminis; trative code of the city of New York, the insurance law, the local finance law and the housing New York program act, in relation to the New York city rehabilitation mortgage insurance corporation and to repeal certain provisions of the private housing finance law and the local finance law relating thereto

Became a law July 31, 1992, with the approval of the Governor.

Passed by a majority vote, three-fifths being present.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Paragraph 3 of subdivision 23-c of section 654 of the private housing finance law, as amended by chapter 474 of the laws of 1987, is amended to read as follows:

(3). The powers granted by this subdivision may be exercised only if (a) obligations of the corporation have been issued to fund the loan EXPLANATION—Matter in italics is new; matter in brackets [] is old law

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