Title ENV, Environmental Conservation

§ 54-1501. Definition. For purposes of this title, "climate smart community projects" shall mean adaptation and mitigation projects, including flood mitigation and coastal and riparian resiliency, greenhouse gas reductions outside the power sector and climate change adaptation pl…

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

§ 54-1505. Eligibility to receive state assistance payments for climate smart community projects. Any municipality may apply for state assistance payments toward the cost of a climate smart community project. Any application must comply with all applicable rules and regulations d…

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

§ 54-1509. State assistance application procedure. 1. A municipality, upon the approval of its governing body, may submit an application to the commissioner, in such form and containing such information as the commissioner may require, for state assistance payments toward the cos…

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

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

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

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

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

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

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

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

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

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

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

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

§ 55-0109. Special groundwater protection areas; nomination. 1. Any municipality or person may nominate a special groundwater protection area within a federally designated sole source aquifer contained within counties having a population of one million or more. 2. Such a nominati…

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

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

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

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

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

§ 56-0101. Definitions. As used in this article the following terms shall mean and include: 1. "Aquatic habitat restoration project" means the planning, design, construction, management, maintenance, reconstruction, revitalization, or rejuvenation activities intended to improve w…

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

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

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

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

§ 56-0111. Consistency with federal tax law. All actions taken pursuant to this article shall be reviewed for consistency with provisions of the federal internal revenue code and regulations thereunder, in accordance with procedures established in connection with the issuance of …

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

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

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

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

§ 56-0305. Application procedure. 1. Any municipality or soil and water conservation district may make an application for such state assistance payment, in a manner, form, and time frame and containing such information as the respective commissioner, the president of the environm…

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

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

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

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

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

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

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

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

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

§ 56-0503. Environmental restoration projects; state assistance. 1. The commissioner may enter into a contract with a municipality to provide state assistance to such municipality to undertake an environmental restoration project. The amount of state assistance payment for such p…

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

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

§ 56-0508. Foreclosure of a tax lien. Notwithstanding any general, special or local law or ordinance to the contrary: 1. upon the commencement of a proceeding to foreclose a tax lien, the taxing district bringing the proceeding or any taxing district other than the one foreclosin…

§ 56-0509. Liability limitation. 1. (a) Notwithstanding any other provision of law and except as provided in subdivision two of this section and in paragraph (h) of subdivision two of section 56-0503 of this title, the following shall not be liable to the state upon any statutory…

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

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