Title ENV, Environmental Conservation

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

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

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

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

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

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

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

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

* § 73-0103. Definitions. When used in this article: 1. "Adaptive measures" means any adjustment, whether passive, reactive or anticipatory, that may be taken to ameliorate the anticipated adverse consequences associated with flood events. 2. "Flood control study sector" means a …

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

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

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

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

§ 75-0105. Statewide greenhouse gas emissions report. 1. No later than two years after the effective date of this article, and each year thereafter, the department shall issue a report on statewide greenhouse gas emissions, expressed in tons of carbon dioxide equivalents, from al…

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

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

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

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

§ 75-0115. Community air monitoring program. 1. For purposes of this section, the following definitions and related provisions shall apply: a. "Community air monitoring system" means advanced sensing monitoring equipment that measures and records air pollutant concentrations in t…

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

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

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

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

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

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

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

§ 8-0105. 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. "State agency" means any state department, agency, board, public benefit corporation, public authority or…

§ 8-0107. Agency implementation. All agencies shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full complianc…

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

§ 8-0111. Coordination of reporting; limitations; lead agency. 1. State and federal reports coordinated. Where an agency as herein defined directly or indirectly participates in the preparation of or prepares a statement or submits material relating to a statement prepared pursua…

§ 8-0113. Rules and regulations. 1. After consultation with the other agencies subject to the provisions of this article, including state agencies and representatives of local governments and after conducting public hearings and review of any other comments submitted, the commiss…

§ 8-0115. Severability. The provisions of this article shall be severable, and if any clause, sentence, paragraph, subdivision or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the …

§ 8-0117. Phased implementation. 1. With respect to the actions directly undertaken by any state agency, the requirement of an environmental impact statement pursuant to subdivision two of section 8-0109 of this article shall take effect on the first day of September, nineteen hu…

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

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

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

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

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

§ 9-0113. Adopt-a-natural resource stewardship program. 1. The commissioner may enter into stewardship agreements with any person or persons for the purposes of preserving, maintaining, or enhancing a state-owned natural resource or portion thereof in accordance with the policies…

§ 9-0301. Use and diminution of Adirondack and Catskill parks. 1. All lands in the Catskill park and in the Adirondack park, except those lying within the town of Dannemora, now owned or which may hereafter be acquired by the state, shall be forever reserved and maintained for th…

§ 9-0303. Restrictions on use of state lands. In order to protect the state lands described in this article the following provisions shall apply: 1. Trees or timber. Except as provided in subdivision 2 of section 9-0107 and in sections 9-0501 through 9-0507 of this article no per…

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

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

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

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

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

§ 9-0507. Leasing of oil and gas rights on reforestation areas. Notwithstanding any provisions of Article VII of the Public Lands Law to the contrary, the department, with the approval of the state geologist, may, in any lands acquired by the state in accordance with section 9-05…

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

§ 9-0701. Purpose of program. In order that the practice of forestry may be encouraged, the damage caused by unplanned cutting may be avoided and the industries of the state dependent upon forest products may be stabilized as far as possible, the cooperative program provided in t…

§ 9-0703. Forest regions. The commissioner shall establish not to exceed nine forest regions of one or more counties each, which shall include all counties of the state.