Title ENV, Environmental Conservation

§ 54-1501. Definition.\n For purposes of this title, "climate smart community projects" shall\nmean adaptation and mitigation projects, including flood mitigation and\ncoastal and riparian resiliency, greenhouse gas reductions outside the\npower sector and climate change adaptati…

§ 54-1503. Climate smart community projects.\n The commissioner, pursuant to appropriation therefor, is authorized to\nundertake climate smart community projects.\n

§ 54-1505. Eligibility to receive state assistance payments for climate\n smart community projects.\n Any municipality may apply for state assistance payments toward the\ncost of a climate smart community project. Any application must comply\nwith all applicable rules and regulat…

§ 54-1507. Criteria for climate smart community projects.\n Costs incurred prior to April first, two thousand sixteen, shall not\nbe eligible for state assistance payments funded pursuant to this title.\nProjects must demonstrate an ability to identify, mitigate and/or adapt\nto …

§ 54-1509. State assistance application procedure.\n 1. A municipality, upon the approval of its governing body, may submit\nan application to the commissioner, in such form and containing such\ninformation as the commissioner may require, for state assistance\npayments toward th…

§ 54-1511. State assistance payments for climate smart community\n projects.\n 1. Unless otherwise specified by law, the commissioner is authorized\nto provide on a competitive basis, within amounts appropriated, state\nassistance payments to a municipality toward the cost of any…

§ 54-1513. Climate change mitigation easements.\n A municipality which develops, improves, restores or rehabilitates\nreal property that is not owned by the municipality pursuant to this\ntitle with funds made available pursuant to this title shall obtain a\nclimate change mitiga…

§ 54-1515. Contracts for state assistance payments for climate smart\n community projects.\n 1. After approval of the application, the commissioner may, in the\nname of the state, enter into contracts with municipalities, to provide\nstate assistance payments toward the cost of c…

§ 54-1517. Powers and duties of the commissioner.\n In administering the provisions of this title the commissioner:\n 1. shall make an itemized estimate of funds or appropriations\nrequested annually for inclusion in the executive budget;\n 2. may, in the name of the state, as fu…

§ 54-1519. Powers and duties of a municipality.\n A municipality shall have the power and authority to:\n 1. undertake and carry out any project for which state assistance\npayments pursuant to contract are received or are to be received\npursuant to this article and maintain and…

§ 54-1521. Clean vehicle projects.\n 1. As used in this section, the following terms shall have the\nfollowing meanings:\n a. "eligible infrastructure project" shall mean any facility (not\nincluding a building and its structural components) that is publicly\navailable and used p…

§ 54-1523. Climate adaptation and mitigation projects.\n 1. The commissioner is authorized to provide on a competitive basis,\nwithin amounts appropriated, state assistance payments to a municipality\ntoward the cost of any climate adaptation or mitigation projects. Such\nproject…

§ 54-1525. Restriction on alienation.\n Real property acquired, developed, improved, restored or rehabilitated\nby a municipality pursuant to paragraph (i) of subdivision one of\nsection 54-1523 of this title with funds made available pursuant to this\ntitle shall not be sold or …

§ 55-0101. Declaration of policy.\n It is declared to be the public policy of this state to provide funds\nfor the preparation and implementation of groundwater watershed\nprotection plans in order to maintain existing water quality in special\ngroundwater protection areas within…

§ 55-0103. Legislative findings.\n The legislature finds that:\n 1. The scientific evidence of groundwater contamination is mounting;\n 2. Such contamination, once it occurs, is often irreversible;\n 3. Within this area subject to sole source aquifer designation, due to\ntheir pa…

§ 55-0105. Purpose.\n It is the purpose of this article to:\n 1. Establish procedures for the designation of special groundwater\nprotection areas within designated sole source aquifer areas contained\nwithin counties having a population of one million or more;\n 2. Acknowledge t…

§ 55-0107. Definitions.\n Unless the context otherwise requires, the definitions in this section\nshall govern the construction of the following terms as used in this\narticle:\n 1. "Plan" shall mean the comprehensive management plan established\npursuant to section 55-0115 of th…

§ 55-0109. Special groundwater protection areas; nomination.\n 1. Any municipality or person may nominate a special groundwater\nprotection area within a federally designated sole source aquifer\ncontained within counties having a population of one million or more.\n 2. Such a no…

§ 55-0111. Special groundwater protection areas; designation.\n 1. The commissioner shall review all petitions of nomination for\nspecial groundwater protection areas. If a petition complies with all\nthe requirements of section 55-0109 of this article, the commissioner\nshall ce…

§ 55-0113. Special groundwater protection areas; Long Island\n designation.\n 1. Nine areas shall be designated for the purposes of this article as\nspecial groundwater protection areas. They are identified as follows:\n (a) the North Hills area of the town of North Hempstead, Na…

§ 55-0115. Comprehensive management plan; contents.\n The designated planning entity shall prepare the plan for the special\ngroundwater protection area. The plan shall be designed to ensure the\nnon-degradation of the high quality of groundwater recharged within the\nspecial gro…

§ 55-0117. Comprehensive management plan; approval.\n 1. The planning entity shall:\n (a) consult with appropriate officials of any local, state or federal\nagency which has jurisdiction over lands and waters within the area;\n (b) consult with the officials of any municipality w…

§ 55-0119. Local land use regulation within a special groundwater\n protection area.\n Any land use regulation enacted by any town or village located within\na special groundwater protection area which includes a definition of\n"open space" must consider the impact of such defini…

§ 56-0101. Definitions. As used in this article the following terms\nshall mean and include:\n 1. "Aquatic habitat restoration project" means the planning, design,\nconstruction, management, maintenance, reconstruction, revitalization,\nor rejuvenation activities intended to impr…

§ 56-0103. Allocation of moneys.\n The moneys received by the state from the sale of bonds pursuant to\nthe Clean Water/Clean Air Bond Act of 1996 shall be disbursed in the\nfollowing amounts pursuant to appropriations as specifically provided\nfor in titles 2, 3, 4, 5, and 6 of …

§ 56-0105. Powers and duties.\n In administering the provisions of this article the respective\ncommissioner or the secretary of state:\n 1. shall make an itemized estimate of funds or appropriations\nrequested annually for inclusion in the executive budget;\n 2. shall, in the na…

§ 56-0107. Powers and duties of a municipality.\n A municipality shall have the power and authority to:\n 1. Undertake and carry out any project for which state assistance\npayments pursuant to contract are received or are to be received\npursuant to this article and maintain and…

§ 56-0109. Sale of bonds; certain limitations.\n Notwithstanding any other section of law, no money received by the\nstate from the sale of bonds pursuant to the Clean Water/Clean Air Bond\nAct of 1996 shall be used to fund any project committed to by the state\nin any agreement …

§ 56-0111. Consistency with federal tax law.\n All actions taken pursuant to this article shall be reviewed for\nconsistency with provisions of the federal internal revenue code and\nregulations thereunder, in accordance with procedures established in\nconnection with the issuanc…

§ 56-0113. Compliance with other law.\n Every recipient of funds to be made available pursuant to this article\nshall comply with all applicable state, federal and local laws.\n

§ 56-0201. Safe drinking water projects.\n Of the moneys received by the state from the sale of bonds pursuant to\nthe Clean Water/Clean Air Bond Act of 1996, three hundred fifty-five\nmillion dollars ($355,000,000) shall be used for the capitalization of a\ndrinking water revolv…

§ 56-0301. Allocation of moneys.\n Of the moneys received by the state from the sale of bonds pursuant to\nthe Clean Water/Clean Air Bond Act of 1996, five hundred ten million\ndollars ($510,000,000) shall be available for disbursements for state\nassistance payments to municipal…

§ 56-0303. Management programs, plans and projects.\n 1. Of the moneys received by the state from the sale of bonds pursuant\nto the Clean Water/Clean Air Bond Act of 1996, five hundred twenty-five\nmillion dollars ($525,000,000) shall be allocated to water quality\nimprovement p…

§ 56-0305. Application procedure.\n 1. Any municipality or soil and water conservation district may make\nan application for such state assistance payment, in a manner, form, and\ntime frame and containing such information as the respective\ncommissioner, the president of the env…

§ 56-0307. Open space land conservation projects.\n 1. The commissioner and the commissioner of the office of parks,\nrecreation and historic preservation are authorized to undertake open\nspace land conservation projects, in cooperation with willing sellers.\nIn undertaking proj…

§ 56-0309. Park, historic preservation and heritage area projects.\n 1. For purposes of this section "commissioner" means the commissioner\nof the office of parks, recreation and historic preservation.\n 2. Park projects and historic preservation projects may be undertaken\nby th…

§ 56-0311. Dam safety projects.\n Of the moneys received by the state from the sale of the bonds\npursuant to the Clean Water/Clean Air Bond Act of 1996, fifteen million\ndollars shall be used for state assistance payments to municipalities\nfor the cost of dam safety projects w…

§ 56-0401. Allocation of moneys.\n Of the moneys received by the state from the sale of bonds pursuant to\nthe Clean Water/Clean Air Bond Act of 1996 to be used for solid waste\nprojects, fifty million dollars ($50,000,000) shall be available for\ndisbursements for municipal land…

§ 56-0403. Municipal landfill projects.\n 1. As used in this title the following terms mean and include:\n (a) "Landfill" means a disposal facility or part of one at which solid\nwaste, or its residue after treatment, is intentionally placed in or on\nland, and at which solid was…

§ 56-0405. Municipal recycling projects.\n 1. As used in this section the following terms mean:\n (a) "Recyclables recovery equipment" means structures, machinery or\ndevices, singly or in combination, designed, constructed and required\nprimarily to separate, process, modify, co…

§ 56-0407. Fresh Kills landfill closure project.\n 1. The commissioner, in the name of the state, may enter into a\ncontract with the city of New York for state assistance payments for the\nFresh Kills landfill closure project.\n 2. After approval of an application, the commissio…

§ 56-0501. Allocation of moneys.\n 1. Of the moneys received by the state from the sale of bonds pursuant\nto the Clean Water/Clean Air Bond Act of 1996, two hundred million\ndollars ($200,000,000) shall be available for disbursements for\nenvironmental restoration projects.\n 2.…

§ 56-0502. Definitions.\n 1. "Community based organization" shall mean a not-for-profit\ncorporation, exempt from taxation under section 501(c)(3) of the\ninternal revenue code whose stated mission is promoting reuse of\nbrownfield sites within a specified geographic area in whic…

§ 56-0503. Environmental restoration projects; state assistance.\n 1. The commissioner may enter into a contract with a municipality to\nprovide state assistance to such municipality to undertake an\nenvironmental restoration project. The amount of state assistance\npayment for s…

§ 56-0505. Environmental restoration projects; criteria.\n 1. The department shall determine the eligibility of an environmental\nrestoration project for state assistance under this title based upon the\nfollowing criteria:\n (a) the benefit to the environment realized by the exp…

§ 56-0507. Recovery of state assistance.\n 1. A municipality receiving state assistance under this title\nundertakes an environmental restoration project as agent of the state\nwith respect to the incurrence of eligible costs.\n 2. The state shall make all reasonable efforts to r…

§ 56-0508. Foreclosure of a tax lien.\n Notwithstanding any general, special or local law or ordinance to the\ncontrary:\n 1. upon the commencement of a proceeding to foreclose a tax lien, the\ntaxing district bringing the proceeding or any taxing district other\nthan the one for…

§ 56-0509. Liability limitation.\n 1. (a) Notwithstanding any other provision of law and except as\nprovided in subdivision two of this section and in paragraph (h) of\nsubdivision two of section 56-0503 of this title, the following shall\nnot be liable to the state upon any stat…

§ 56-0511. Change of use.\n 1. At least sixty days before the start of physical alteration or\nconstruction constituting a change of use at a property investigated or\nremediated under an environmental restoration project, or at least sixty\ndays before a change of use at such a …

§ 56-0513. Permit waivers.\n 1. The department shall be exempt from the requirement to obtain any\nstate or local permit or other authorization for any activity needed to\nimplement a project to investigate or remediate contamination pursuant\nto this title; provided that the act…