Title ENV, Environmental Conservation

§ 72-0702. Water transport permit program fee.\n All persons and public corporations required to obtain a water\ntransport permit pursuant to section 15-1506 of this chapter shall\nsubmit to the department a fee for each facility equal to one hundred\ndollars per million gallons …

§ 72-1001. Definitions.\n 1. "Affected land" and "land affected by mining" means the sum of that\nsurface area of land or land under water which:\n (a) has been disturbed by mining since April first, nineteen hundred\nseventy-five, and has not been reclaimed, and\n (b) is to be d…

§ 72-1003. Fees.\n All persons required to obtain a permit or approval or subject to\nregulation under this title shall submit annually to the department a\nfee in the amount to be determined for affected land as follows:\n 1. four hundred dollars for minor projects; or\n 2. seve…

§ 72-1005. Liability for fees.\n Liability for fees authorized by this title shall be as follows:\n 1. for persons holding permits or approvals or subject to regulation\nunder this title on January first in any year beginning with the year\nnineteen hundred ninety-one, liability …

§ 72-1007. Disposition of fees.\n All fees collected pursuant to this title shall be paid into the\nmiscellaneous special revenue fund, to the credit of the mined land\nreclamation program account. Moneys in such account shall be kept\nseparately from and shall not be commingled …

§ 72-1009. Environmental regulatory account.\n 1. The environmental regulatory account shall be credited with all\nmoneys received from fees and fee interest collected; all other moneys\ncollected by the department pursuant to title twenty-seven of article\ntwenty-three of this c…

§ 72-1011. Mined land reclamation program account.\n 1. There is hereby established in the joint custody of the\ncommissioner of taxation and finance and the comptroller a special\nrevenue fund to be known as the "mined land reclamation program\naccount".\n 2. The account shall c…

* § 73-0101. Flood mitigation task force.\n The New York state canal flood mitigation task force, referred to in\nthis article as the task force, is hereby established to identify\nreasonable measures that can be taken to enhance flood management and\nmitigation in and along the …

* § 73-0103. Definitions.\n When used in this article:\n 1. "Adaptive measures" means any adjustment, whether passive, reactive\nor anticipatory, that may be taken to ameliorate the anticipated adverse\nconsequences associated with flood events.\n 2. "Flood control study sector" …

* § 73-0105. Task force composition.\n 1. The task force shall consist of fourteen members; nine of whom\nshall be the director of the canal corporation, commissioner of the\ndepartment of environmental conservation, the secretary of state, the\ncommissioner of transportation, th…

* § 73-0107. Task force duties.\n The role of the task force includes, but is not limited to:\n 1. Conduct an in-depth examination of flood control study sectors and\nissues related to floodplain management, flood control and flood\nmitigation in and along the canal system includ…

§ 75-0101. Definitions.\n For the purposes of this article the following terms shall have the\nfollowing meanings:\n 1. "Allowance" means an authorization to emit, during a specified\nyear, up to one ton of carbon dioxide equivalent.\n 2. "Carbon dioxide equivalent" means the amo…

§ 75-0103. New York state climate action council.\n 1. There is hereby established the New York state climate action\ncouncil ("council") which shall consist of the following twenty-two\nmembers:\n a. the commissioners of transportation, health, economic development,\nagriculture…

§ 75-0105. Statewide greenhouse gas emissions report.\n 1. No later than two years after the effective date of this article,\nand each year thereafter, the department shall issue a report on\nstatewide greenhouse gas emissions, expressed in tons of carbon dioxide\nequivalents, fr…

§ 75-0107. Statewide greenhouse gas emissions limits.\n 1. No later than one year after the effective date of this article,\nthe department shall, pursuant to rules and regulations promulgated\nafter at least one public hearing, establish a statewide greenhouse gas\nemissions lim…

§ 75-0109. Promulgation of regulations to achieve statewide greenhouse\n gas emissions reductions.\n 1. No later than December thirty-first, two thousand twenty-eight, the\ndepartment, after public workshops and consultation with the council,\nthe environmental justice advisory g…

§ 75-0111. Climate justice working group.\n 1. There is hereby created within the department, no later than six\nmonths after the effective date of this article, a "climate justice\nworking group". Such working group will be comprised of representatives\nfrom: environmental justi…

§ 75-0113. Value of carbon.\n 1. No later than one year after the effective date of this article,\nthe department, in consultation with the New York state energy research\nand development authority, shall establish a social cost of carbon for\nuse by state agencies, expressed in …

§ 75-0115. Community air monitoring program.\n 1. For purposes of this section, the following definitions and related\nprovisions shall apply:\n a. "Community air monitoring system" means advanced sensing monitoring\nequipment that measures and records air pollutant concentration…

§ 75-0117. Investment of funds.\n State agencies, authorities and entities, in consultation with the\nenvironmental justice working group and the climate action council,\nshall, to the extent practicable, invest or direct available and\nrelevant programmatic resources in a manner…

§ 75-0119. Implementation reporting.\n 1. The department in consultation with the council shall, not less\nthan every four years after the promulgation of regulations pursuant to\nsection 75-0109 of this article, publish a report which shall include\nrecommendations regarding the…

§ 76-0101. Definitions.\n For the purposes of this article the following terms shall have the\nfollowing meanings:\n 1. "Affiliate" means, with respect to any specified entity, an entity\nthat directly, or indirectly through one or more intermediaries,\ncontrols or is controlled …

§ 76-0103. The climate change adaptation cost recovery program.\n 1. There is hereby established a climate change adaptation cost\nrecovery program to be administered by the department.\n 2. The purposes of the program shall be the following:\n a. To secure compensatory payments …

§ 76-0105. Requirements for climate change adaptive infrastructure\n projects.\n For each contract for climate change adaptive infrastructure projects,\nfunded in part or in whole from the climate change adaptation fund\nestablished pursuant to section ninety-seven-m of the state…

§ 8-0101. Purpose.\n It is the purpose of this act to declare a state policy which will\nencourage productive and enjoyable harmony between man and his\nenvironment; to promote efforts which will prevent or eliminate damage\nto the environment and enhance human and community reso…

§ 8-0103. Legislative findings and declaration.\n The legislature finds and declares that:\n 1. The maintenance of a quality environment for the people of this\nstate that at all times is healthful and pleasing to the senses and\nintellect of man now and in the future is a matter…

§ 8-0105. 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: 1. "State agency" means any state department, agency, board,\npublic benefit corporation, public authori…

§ 8-0107. Agency implementation.\n All agencies shall review their present statutory authority,\nadministrative regulations, and current policies and procedures for the\npurpose of determining whether there are any deficiencies or\ninconsistencies therein which prohibit full comp…

§ 8-0109. Preparation of environmental impact statement.\n 1. Agencies shall use all practicable means to realize the policies\nand goals set forth in this article, and shall act and choose\nalternatives which, consistent with social, economic and other essential\nconsiderations,…

§ 8-0111. Coordination of reporting; limitations; lead agency.\n 1. State and federal reports coordinated. Where an agency as herein\ndefined directly or indirectly participates in the preparation of or\nprepares a statement or submits material relating to a statement\nprepared p…

§ 8-0113. Rules and regulations.\n 1. After consultation with the other agencies subject to the\nprovisions of this article, including state agencies and representatives\nof local governments and after conducting public hearings and review of\nany other comments submitted, the co…

§ 8-0115. Severability.\n The provisions of this article shall be severable, and if any clause,\nsentence, paragraph, subdivision or part of this article shall be\nadjudged by any court of competent jurisdiction to be invalid, such\njudgment shall not affect, impair or invalidate…

§ 8-0117. Phased implementation.\n 1. With respect to the actions directly undertaken by any state\nagency, the requirement of an environmental impact statement pursuant to\nsubdivision two of section 8-0109 of this article shall take effect on\nthe first day of September, ninete…

§ 9-0101. Definitions.\n The following words and phrases, when used in this article, unless\notherwise expressly stated, are defined as follows:\n 1. The "Adirondack park" shall include all lands located in the forest\npreserve counties of the Adirondacks within the following des…

§ 9-0105. General powers and duties.\n For the purpose of carrying out the provisions of this article, the\ndepartment shall have the power, duty and authority to:\n 1. Exercise care, custody and control of the several preserves, parks\nand other state lands described in this art…

§ 9-0107. Acceptance by department of lands for parks and for\n silvicultural research.\n Notwithstanding any other provisions of this article, the department\nis hereby authorized to accept, for the state, grants or deeds of gift\nof any lands, upon approval of the title thereto…

§ 9-0109. Acquisition of lands within the Adirondack or Catskill parks.\n 1. Unless deemed necessary for the conservation of critical and unique\nnatural land areas or of significant wild forest land areas, the state\nshall not acquire or accept fee simple ownership of structures…

§ 9-0111. Delegation of authority to license guides.\n The commissioner may delegate the authority to administer the\nlicensing of guides pursuant to section 11-0533 of this chapter to the\noffice of public protection.\n

§ 9-0113. Adopt-a-natural resource stewardship program.\n 1. The commissioner may enter into stewardship agreements with any\nperson or persons for the purposes of preserving, maintaining, or\nenhancing a state-owned natural resource or portion thereof in\naccordance with the pol…

§ 9-0301. Use and diminution of Adirondack and Catskill parks.\n 1. All lands in the Catskill park and in the Adirondack park, except\nthose lying within the town of Dannemora, now owned or which may\nhereafter be acquired by the state, shall be forever reserved and\nmaintained f…

§ 9-0303. Restrictions on use of state lands.\n In order to protect the state lands described in this article the\nfollowing provisions shall apply:\n 1. Trees or timber. Except as provided in subdivision 2 of section\n9-0107 and in sections 9-0501 through 9-0507 of this article …

§ 9-0305 Signs and advertising in Adirondack and Catskill parks.\n 1. In order to conserve the natural beauty of the Adirondack and\nCatskill parks, to preserve and regulate the said parks for public uses\nfor the resort of the public for recreation, pleasure, air, light and\nenj…

§ 9-0307. Forest preserve lands; detached parcels outside Adirondack and\n Catskill parks.\n Any lands of the state, now owned or hereafter acquired, constituting\nthe forest preserve, but outside of the Adirondack and Catskill parks as\nnow fixed by law and not acquired or dedic…

§ 9-0501. Power to acquire reforestation areas; prohibition against\n compensation or gratuity.\n 1. In order to provide for the acquisition of lands outside of the\nAdirondack park and the Catskill park as defined by subdivisions 1 and 2\nof section 9-0101, which are adapted for…

§ 9-0503. Certificate of purchase; exemption from taxation.\n Immediately upon acquiring by gift, purchase or appropriation lands\nfor a reforestation area the commissioner shall transmit to the state\nagency authorized by law to approve assessments of state lands and to\nthe Dep…

§ 9-0505. Sale of products from reforestation areas.\n 1. The commissioner, upon such terms as may be deemed by him to be for\nthe best interests of the state and subject to the following rules and\nregulations, may sell the trees, timber and other products on any areas\noutside …

§ 9-0507. Leasing of oil and gas rights on reforestation areas.\n Notwithstanding any provisions of Article VII of the Public Lands Law\nto the contrary, the department, with the approval of the state\ngeologist, may, in any lands acquired by the state in accordance with\nsection…

§ 9-0509. Lease of land to federal government for use by the federal\n aviation agency.\n 1. Notwithstanding any contrary provision of this article, the\ndepartment is hereby authorized upon such terms and conditions as it may\ndeem appropriate to lease to the federal government,…

§ 9-0701. Purpose of program.\n In order that the practice of forestry may be encouraged, the damage\ncaused by unplanned cutting may be avoided and the industries of the\nstate dependent upon forest products may be stabilized as far as\npossible, the cooperative program provided…

§ 9-0703. Forest regions.\n The commissioner shall establish not to exceed nine forest regions of\none or more counties each, which shall include all counties of the\nstate.\n