reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1507 - Criteria for Climate Smart Community Projects.

§ 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  climate  change  vulnerability  and risk or demonstrate potential to
  reduce greenhouse gas emissions outside the power sector.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1509 - State Assistance Application Procedure.

§ 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 cost of a project which is within the state of New
  York and which is eligible for state assistance pursuant to this title.
2. The commissioner shall review  such  project  application  and  may
  approve,  disapprove  or recommend modifications thereto consistent with
  applicable law, criteria, standards or rules and regulations relative to
  such projects. In reviewing applications for projects pursuant  to  this
  section, the commissioner shall give due consideration to:
a.  the  urgency  of need to provide state assistance payments for the
  project in relation to the provision of monies for other  project  needs
  in the state known at the time such application is made;
b. the project's contribution to the state's climate goals; and
c. the ability of the municipality to pay for the costs of the climate
  smart community project.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1511 - State Assistance Payments for Climate Smart Community Projects.

§ 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  climate
  smart  community  project approved by the commissioner provided that the
  commissioner determines that future physical climate  risk  due  to  sea
  level rise, and/or storm surges and/or flooding, based on available data
  predicting  the  likelihood  of future extreme weather events, including
  hazard risk analysis data if applicable,  has  been  considered,  except
  that  such  determination  shall  not  apply  to  rebates  for  eligible
  purchases pursuant to section 54-1521 of this title.
2. The commissioner and a municipality may enter into a  contract  for
  the undertaking of a climate smart community project. Such project shall
  be  recommended  to  the  commissioner  by  the  governing  body  of the
  municipality, and when approved by the commissioner, undertaken  by  the
  municipality   pursuant   to  this  article  and  any  other  applicable
  provisions of law.
3. State assistance payments shall not exceed  fifty  percent  of  the
  project cost or two million dollars, whichever is less, provided however
  if  a municipality meets criteria established by the department relating
  to either financial hardship or disadvantaged  communities  pursuant  to
  section  75-0101  of  this chapter, the commissioner may authorize state
  assistance payments of up to eighty percent of the project cost  or  two
  million  dollars,  whichever  is  less.  Such costs are subject to final
  computation and determination by the commissioner upon completion of the
  project, and shall not exceed the maximum eligible cost set forth in the
  contract. A determination  of  financial  hardship  shall  be  based  on
  criteria  that  clearly  indicates that the municipality is experiencing
  significant   and   widespread   financial   distress,   with    primary
  consideration  given  to  whether  a municipality has a median household
  income at or below eighty percent of the state median household income.
4. The commissioner shall promulgate rules and regulations which shall
  include criteria for determining eligible  expenditures  and  procedures
  for  governing  the commitment and disbursement of funds appropriated in
  accordance with this title. The commissioner shall also promulgate rules
  and regulations  which  shall  include  application  procedures,  review
  processes, and project approval guidelines and criteria.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1513 - Climate Change Mitigation Easements.

§ 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 easement from the owner of the real  property.
  Climate  change  mitigation  easements shall be enforced as conservation
  easements are enforced in section 49-0305 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1517 - Powers and Duties of the Commissioner.

§ 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  provided  within  this
  article,  contract  to  make,  within  the  limitations of appropriation
  available therefor, state assistance payments toward  the  costs  of  an
  approved  project.  Such  contracts  shall be subject to approval by the
  state comptroller and, as to form, by the attorney general;
3. shall approve vouchers for the payments  pursuant  to  an  approved
  contract.  All  such  payments shall be paid on the audit and warrant of
  the state comptroller; and
4. may perform such other and further acts as may be necessary, proper
  or desirable to carry out the provisions of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1519 - Powers and Duties of a Municipality.

§ 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 operate such project;
2.  expend  money received from the state pursuant to this article for
  costs incurred in conjunction with the approved project; and
3. perform such other and further acts as may be necessary, proper  or
  desirable to carry out a project or obligation, duty or function related
  thereto.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1523 - Climate Adaptation and Mitigation Projects.

§ 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 shall include:
a.  the  construction  of natural resiliency measures, conservation or
  restoration of riparian areas and tidal marsh migration areas;
b. nature-based  solutions  such  as  wetland  protections,  including
  mapping  and  restoration  of  freshwater  wetlands, to address physical
  climate risk due to sea level rise, and/or storm surges and/or flooding,
  based on available data predicting  the  likelihood  of  future  extreme
  weather events, including hazard risk analysis data if applicable;
c.  relocation  or  retrofit of facilities to address physical climate
  risk due to sea level rise, and/or storm surges and/or flooding based on
  available data predicting  the  likelihood  of  future  extreme  weather
  events, including hazard risk analysis data if applicable;
d. flood risk reduction;
e. greenhouse gas emission reductions outside the power sector;
f.  enabling  communities  to become certified under the climate smart
  communities  program,  including   by   developing   natural   resources
  inventories,  right  sizing  of  municipal fleets and developing climate
  adaptation strategies;
g.  climate  change  adaptation  planning  and   supporting   studies,
  including  but not limited to vulnerability assessment and risk analysis
  of   municipal   drinking   water,   wastewater,   and    transportation
  infrastructure;
h.  to  establish  and  implement  easily-replicated  renewable energy
  projects, including solar arrays, heat pumps and wind turbines in public
  low-income housing in suburban, urban and rural areas; and
i. land acquisition, including but not limited to flood mitigation and
  coastal riparian resiliency;  provided,  however,  no  monies  shall  be
  expended for acquisition by eminent domain.
2. To the fullest extent practicable, it is the policy of the state to
  promote  an  equitable  regional  distribution of climate adaptation and
  mitigation projects, consistent with the purpose of this  title,  taking
  into account regional differences in climate change risks, socioeconomic
  conditions and ecological resources.
2023 New York Laws › ENV - Environmental Conservation › Article 54 - Environmental Protection Act › Title 15 - Climate Smart Community Projects › 54-1525 - Restriction on Alienation.

§ 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 disposed of or used  for  other  than  public
  purposes  without  the  express  authority of an act of the legislature,
  which shall provide  for  the  substitution  of  other  lands  of  equal
  environmental and fair market value and reasonably equivalent usefulness
  and  location to those to be discontinued, sold or disposed of, and such
  other requirements as shall be approved by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0101 - Declaration of Policy.

§ 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  federally  designated  sole  source
  aquifer  areas  contained  within  counties  having  a population of one
  million or more and to further the  implementation  of  nonpoint  source
  controls  for the protection of the potable supply underlying the entire
  recharge area.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0103 - Legislative Findings.

§ 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  rate  of  recharge  and  associated  hydrogeological
  conditions,   certain   groundwater   recharge   watershed   areas   are
  particularly  critical  for  the  maintenance  of  large volumes of high
  quality groundwater for long periods of time;
4. In the face of mounting cases  of  groundwater  contamination  from
  toxic  organic  compounds,  nutrients,  salts  and other pollutants, the
  state needs a program for the designation, protection and management  of
  special groundwater protection areas;
5.  It  is  desirable to maintain natural vegetative and hydrogeologic
  conditions in special groundwater protection areas;
6. Prevention of the contamination of high quality groundwater and the
  protection of special groundwater protection areas  costs  substantially
  less than measures to mitigate harm following contamination; and
7.  There  is a demonstrated need to protect, preserve and enhance the
  land and water resources of special groundwater protection areas through
  a new program which combines  the  capabilities  and  resources  of  the
  local, state and federal governments and the private sector.
8.  Some  of  the nonpoint source control strategies developed for the
  special groundwater protection areas can be  used  to  minimize  further
  contamination in developed deep aquifer recharge areas.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0105 - Purpose.

§ 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 variations in hydrogeology, water quality, and land
  uses  within  designated areas, and the existence of certain areas which
  are of vital importance in maintaining water quality in  the  designated
  sole source aquifer area;
3.  Assure that such vital areas within designated sole source aquifer
  areas are protected and managed in such a way as to maintain or  improve
  existing water quality;
4.  Establish  procedures  for the development and implementation of a
  site-specific comprehensive management plan for each designated  special
  groundwater protection area;
5.  Initiate  the implementation of a portion of the state groundwater
  management program using the Long Island sole source aquifer region as a
  model for future state-wide application; and
6. Establish guidelines for federal-state cooperation in the planning,
  funding and implementation of special groundwater protection area plans.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0107 - Definitions.

§ 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 article.
2.  "Recharge"  shall mean the downward movement of water to the water
  table through the soil overlying an aquifer.
3. "Special groundwater protection area" shall mean recharge watershed
  area within a designated sole  source  area  contained  within  counties
  having  a  population  of  one  million  or  more  which is particularly
  important  for  the  maintenance  of  large  volumes  of  high   quality
  groundwater for long periods of time.
4.  "Watershed"  shall mean an area where water drains into a specific
  basin or reservoir,  or,  for  groundwater,  a  region  where  water  is
  abundantly recharged to the subsurface groundwater reservoir.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0109 - Special Groundwater Protection Areas; Nomination.

§ 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  nomination petition shall be sent to the commissioner and
shall include the following information:
(a) whether the special groundwater protection area is a recharge zone
for groundwater with a present or future water supply potential;
(b)  whether  the  special  groundwater  protection  area  is  largely
undeveloped  with  tracts  of  natural vegetation, or natural geological
conditions;
(c) whether the groundwater which is  recharged  through  the  special
groundwater protection area is of high quality;
(d)  whether  the  hydrogeologic  conditions are such that development
could lead to degradation of water quality;
(e) whether portions of the groundwater within the sole source aquifer
area are already contaminated with toxic organics, nutrients,  salts  or
other  pollutants  so  as  to warrant special protection for areas which
recharge high quality groundwater;
(f) whether maintenance of existing high quality  in  the  groundwater
recharged  through  the  special  groundwater protection area would have
significant economic,  social,  ecological,  recreational  or  aesthetic
benefits for the sole source aquifer area; and
(g)  whether  degradation  of  such groundwater would have significant
economic, social, ecological, recreational and aesthetic costs  for  the
area.
3. The nomination petition shall also identify:
(a)  the  preliminary boundaries of the special groundwater protection
area or areas;
(b) a brief outline of the plan of work;
(c) a tentative membership list for any advisory committees; and
(d) a reasonable budget request for the project.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0111 - Special Groundwater Protection Areas; Designation.

§ 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  such  compliance  and  approve  the   petition.      The
  commissioner  shall  determine  within  thirty  days  of  receipt of the
  petition, the completeness of the petition and respond to the petitioner
  of his findings. The commissioner shall have ninety days from  the  date
  of  receipt  to certify in writing to the petitioner that a petition has
  been  approved,  approved  with  modifications,  or  disapproved.  If  a
  petition   is   disapproved,  the  commissioner  shall  include  in  the
  notification to the petitioner the reasons for disapproval and allow the
  petitioner to resubmit the petition.  Any  petition  resubmission  shall
  reinitiate  the  review process. If the commissioner does not respond to
  the petitioner  within  the  time  prescribed,  the  petition  shall  be
  considered to be approved.
2.  Once  a  petition  has  been  officially  approved, the designated
  planning entity shall be eligible for such funds to develop the plan and
  comply with all the requirements of this article for  a  period  not  to
  exceed three years.
2023 New York Laws › ENV - Environmental Conservation › Article 55 - Sole Source Aquifer Protection › 55-0119 - Local Land Use Regulation Within a Special Groundwater Protection Area.

§ 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  on  the  water
  quality and/or recharge capabilities of the area. Any such definition of
  "open  space" may also consider other purposes of open space, including,
  but not  limited  to,  protection  of  habitat,  farmland,  forest,  air
  quality, view shed protection and recreation. Provided however, that any
  definition  of open space that allows for or includes recreational uses,
  must provide clear guidance as to which recreational uses,  improvements
  or  facilities  serve  the  purpose  of  protecting water quality and/or
  recharge capabilities. "Land use regulation" shall mean an ordinance  or
  local  law  enacted by a municipality with responsibility for zoning and
  includes any zoning,  subdivision,  special  use  permit  or  site  plan
  regulation  or any other regulation which prescribes the appropriate use
  of property, or scale, location and intensity of development.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0103 - Allocation of Moneys.

§ 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 article:
1.  For creation of a state safe drinking water program as  set  forth
  in  title  2  of  this article, three hundred fifty-five million dollars
  ($355,000,000).
2.  For preserving, enhancing, restoring and improving the quality  of
  water  as  set  forth  in  title 3 of this article, seven hundred ninety
  million dollars ($790,000,000).
3.  For solid waste projects as set forth in title 4 of  this article,
  one hundred seventy-five million dollars ($175,000,000).
4.  For restoring and improving contaminated areas and returning  them
  to  productive  use as set forth in title 5 of this article, two hundred
  million dollars ($200,000,000).
5.  For preserving, enhancing, restoring and maintaining  the  quality
  of  the  air as set forth in title 6 of this article, two hundred thirty
  million dollars ($230,000,000).
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0105 - Powers and Duties.

§ 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 the state, as further provided within this
  article, contract to make,  within  the  limitations  of  appropriations
  available  therefor,  state  assistance  payments  toward  the cost of a
  project approved, and to be undertaken pursuant to this article;
3. shall approve vouchers for the payments  pursuant  to  an  approved
  contract; and
4. may perform such other and further acts as may be necessary, proper
  or desirable to carry out the provisions of this article.
5. Shall give a priority and preference to a project in any brownfield
  opportunity  area  designated pursuant to section nine hundred seventy-r
  of the general municipal law.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0107 - Powers and Duties of a Municapility.

§ 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 operate such project;
2.   Expend money received from the state pursuant to this article for
  costs incurred in conjunction with the approved project; and
3.  Perform such other and further acts as may be necessary, proper or
  desirable to carry out a project or obligation, duty or function related
  thereto.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0109 - Sale of Bonds; Certain Limitations.

§ 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  New  York  city  regarding  the  New  York  city
  watershed.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 1 - General Provisions › 56-0111 - Consistency With Federal Tax Law.

§ 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 any tax exempt bonds  pursuant  to  this
  article, to preserve the tax exempt status of such bonds.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 2 - Safe Drinking Water Projects › 56-0201 - Safe Drinking Water Projects.

§ 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  fund  administered  by   the   environmental
  facilities  corporation  pursuant  to  section  one thousand two hundred
  eighty-five-m of the public authorities law and  by  the  department  of
  health pursuant to title four of article eleven of the public health law
  to  finance  drinking  water  infrastructure  projects  pursuant  to the
  provisions of paragraph a of subdivision three of section  one  thousand
  two  hundred  eighty-five-m  of  the  public  authorities law, including
  financing of the state match for federal capitalization grants  for  the
  drinking water revolving fund.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 3 - Clean Water Projects › 56-0301 - Allocation of Moneys.

§ 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  or  county  soil  and  water
  conservation  districts  for  water  quality  improvement  projects   in
  accordance  with section 56-0303 and for dam safety projects pursuant to
  section 56-0311 of this  article.  One  hundred  fifty  million  dollars
  ($150,000,000)   shall  be  available  for  disbursements  for  projects
  developed pursuant to section 56-0307, fifty million  dollars  shall  be
  available  for  municipal  park projects, and historic preservation, and
  heritage area projects developed pursuant to  section  56-0309  of  this
  article  and  fifty  million  dollars  shall be available for state park
  projects. Thirty million dollars ($30,000,000) shall  be  available  for
  environmental compliance assistance projects to enhance water quality.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 3 - Clean Water Projects › 56-0311 - Dam Safety Projects.

§ 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  have  been  approved  by  the
  commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 4 - Solid Waste Projects › 56-0401 - Allocation of Moneys.

§ 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 projects, excluding any landfill
  closure  project  in  the  city  of  New  York;  fifty  million  dollars
  ($50,000,000)   shall  be  available  for  disbursements  for  municipal
  recycling projects, of which twenty-five million  dollars  ($25,000,000)
  shall  be  available for municipal recycling projects in the city of New
  York; and seventy-five million dollars ($75,000,000) shall be  available
  for disbursements for the closure of Fresh Kills Landfill in the city of
  New York.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 4 - Solid Waste Projects › 56-0407 - Fresh Kills Landfill Closure Project.

§ 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  and  the
municipality  shall  enter into a contract for state assistance payments
toward the cost of  such  project  which  shall  include  the  following
provisions:
(a) A current estimate of the cost of the project as determined by the
commissioner at the time of the execution of the contract.
(b) An agreement by the commissioner to make state assistance payments
toward   the  cost  of  the  project  by  periodically  reimbursing  the
municipality for costs incurred during  the  progress  of  the  project.
Such  costs  are  subject  to final computation and determination by the
commissioner upon completion of the  project.    For  purposes  of  this
subdivision, the approved project cost shall be reduced by the amount of
any  specific  state  assistance  payments for landfill closure purposes
received by the municipality from any source;  provided,  however,  that
non-specific state assistance payments, such as amounts paid pursuant to
section  fifty-four  of  the state finance law, shall not be included in
such cost reduction.
(c)  An agreement by the municipality to  proceed  expeditiously  with
the  project  and  to  complete the project in accordance with plans and
reports approved by the department and with the conditions of applicable
permits, administrative orders or judicial orders.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0501 - Allocation of Moneys.

§ 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.  Beginning  in state fiscal year two thousand fifteen--two thousand
  sixteen, environmental restoration projects  may  be  funded  using  the
  proceeds   of   bonds   issued   pursuant   to  section  twelve  hundred
  eighty-five-q of the public authorities law provided  that  funding  for
  such  projects  shall conform to the limitations provided in subdivision
  one of such section.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0507 - Recovery of State Assistance.

§ 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 the full
  amount of  any  state  assistance  provided  under  this  title  through
  litigation  brought  under  this  section  or other statute or under the
  common law, or through cooperative agreements, with responsible  parties
  (other  than  the  municipality  to  which state assistance was provided
  under this title; or a successor in title, lender, or lessee who was not
  otherwise a responsible party prior to the municipality's  taking  title
  to such property).
3. Any and all monies recovered or reimbursed pursuant to this section
  shall be deposited into the environmental restoration project account of
  the   hazardous   waste   remedial   fund   established   under  section
  ninety-seven-b of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0511 - Change of Use.

§ 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 property not involving any
physical alteration or construction, as the case may be, the  person  or
entity  proposing  to  make  a  change  of  use  shall  provide  written
notification to the department and the clerks of the  county  and  other
municipalities in which such property is located.
2.  No  person shall engage in any activity at a property investigated
or remediated under an environmental restoration  project  that  is  not
consistent  with  restrictions  placed  upon the use of the property, or
that will, or that reasonably is anticipated to:  prevent  or  interfere
significantly  with a proposed, ongoing, or completed project; or expose
the public health or the environment to a significantly increased threat
of harm or damage from such property.  If  the  commissioner  determines
that a proposed change of use is prohibited pursuant to this section, he
or  she  shall,  within  forty-five  days  after receipt of the complete
notice required by this section, provide the person giving  such  notice
with  a  written  determination  that  such  change  of  use will not be
authorized, together with the reasons for such determination.
3. For the purposes of this section:
(i) "change of use" means the transfer of title  to  all  or  part  of
property  subject  to an environmental restoration project, the erection
of any structure on such property, and the creation of a park  or  other
public  or  private  recreational  facility  on  such  property,  or any
activity that is  likely  to  disrupt  or  expose  contamination  or  to
increase  direct  human  exposure; or any other conduct that will or may
tend  to  significantly  interfere  with   an   ongoing   or   completed
environmental restoration project.
(ii)  "complete  notice"  means  a notice that adequately apprises the
department of the contemplated physical alteration of the  property  and
how  such  alteration  may  affect  the property's proposed, ongoing, or
completed project, or of the proposed new owner's ability  to  implement
the engineering and institutional controls associated with the property.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 5 - Environmental Restoration Projects › 56-0513 - Permit Waivers.

§ 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 is conducted in a manner which
  satisfies all substantive  technical  requirements  applicable  to  like
  activity conducted pursuant to a permit.
2.   The  department,  by  and  through  the  commissioner,  shall  be
  authorized to  exempt  any  agent,  consultant,  or  contractor  of  the
  department  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  is  conducted  in  a  manner  which  satisfies  all
  substantive technical requirements applicable to like activity conducted
  pursuant to a permit.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 6 - Air Quality Projects › 56-0601 - Allocation of Monies.

§ 56-0601. Allocation of monies.
Of the monies received by the state from the sale of bonds pursuant to
  the  Clean  Water/Clean Air Bond Act of 1996, two hundred thirty million
  dollars ($230,000,000), of which five million dollars ($5,000,000) shall
  be available for diesel-fueled school bus retrofit  equipment  projects,
  shall be used to fund air quality projects as set forth in this title.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 6 - Air Quality Projects › 56-0603 - State Clean-Fueled Vehicle Projects.

§ 56-0603. State clean-fueled vehicle projects.
1.   The office of general services is authorized, consistent with the
  strategy developed pursuant to subdivision three of section two  hundred
  one-a of the executive law, to conduct a project to acquire clean-fueled
  vehicles  and  to  develop  and  acquire  the  associated infrastructure
  including depot construction.
2.  For the purposes of this section, the term "clean-fueled  vehicle"
  shall  mean  any  motor  vehicle  as  defined  in  section  one  hundred
  twenty-five of the vehicle  and  traffic  law,  that  uses  electricity,
  including  electricity  generated  from  solar  energy, either stored or
  generated on-board, as its primary motive force, or that  is  fueled  by
  compressed natural gas, propane, methanol, hydrogen or ethanol.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 6 - Air Quality Projects › 56-0607 - Other Air Quality Projects.

§ 56-0607. Other air quality projects.
Of monies received by the state from the sale of bonds pursuant to the
  Clean  Water/Clean  Air  Bond  Act of 1996, up to twenty million dollars
  ($20,000,000) shall be  available  for  disbursements  for  air  quality
  projects pursuant to this section.
The  commissioner  is  authorized  in  consultation  with  other state
  agencies as may be necessary, to make state assistance  payments  or  to
  enter  into  contracts  in  the name of the state for projects that will
  enhance the quality of the  state's  environment  and  the  state's  air
  quality.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 6 - Air Quality Projects › 56-0609 - Clean Air for Schools Projects.

§ 56-0609. Clean air for schools projects.
1. Of the monies received by the state from the sale of bonds pursuant
to  the  Clean Water/Clean Air Bond Act of 1996, one hundred twenty-five
million dollars ($125,000,000) shall be available for disbursements  for
clean air for schools projects.
The  power  authority is authorized to undertake clean air for schools
projects  for  elementary,  middle  and  secondary  schools.  The  power
authority  may undertake such projects in cooperation with local gas and
electric corporations and/or energy service companies.
For the purposes of this section, "clean  air  for  schools  projects"
shall mean projects to improve air quality by schools including, but not
limited  to,  projects  that  replace  coal-fired  furnaces  and heating
systems with furnaces and systems fired by oil or gas.
2. Any school district may make an application to the power  authority
for  state  assistance  payments  from  funds  made available under this
article toward the costs of clean air for schools projects.
a. The power authority shall review such applications and may approve,
deny, or recommend modifications thereto, consistent with applicable law
and consistent with criteria, standards, or rules  and  regulations,  as
the  power  authority  may  establish, relative to such projects. In the
event that an application is denied, the power authority shall  provide,
in writing, reasons for the denial to the applicant.
b.  In reviewing such applications, the power authority shall give due
consideration to the following criteria:
(i) the extent to which the project provides the greatest  improvement
in   air   quality  both  within  the  school  and  in  the  surrounding
neighborhood;
(ii) the age of the system being replaced; and
(iii)  the  potential  for  energy  cost   savings   from   efficiency
improvements.
c. Upon approval of an application, the power authority may enter into
a contract with the school district to undertake a clean air for schools
project.
3.   Notwithstanding  any  provision  of  law  to  the  contrary,  the
comptroller is authorized and directed to  release  monies  constituting
state  assistance  payments, in amounts set forth in a schedule approved
by the director of the budget, to the power authority for  the  purposes
authorized  by  this  section.  Any monies constituting state assistance
payments  made  available  to  the  power  authority  for  the  purposes
specified  by  this  section shall not be subject to the requirements of
section one thousand thirteen of the public authorities law.
2023 New York Laws › ENV - Environmental Conservation › Article 56 - Implementation of the Clean Water/clean Air Bond Act of 1996 › Title 6 - Air Quality Projects › 56-0611 - Environmental Compliance Projects.

§ 56-0611. Environmental compliance projects.
Of  moneys  made  available  under  this  title thirty million dollars
  ($30,000,000) shall be made  available  for  state  assistance  payments
  through the environmental facilities corporation to villages, towns, and
  cities  with  a  population of less than one million, for small business
  environmental compliance assistance projects which enhance  the  quality
  of  the  air of the state through compliance with environmental laws and
  regulations, or by remedy or prevention of environmental deficiencies.
1. The  president  of  the  environmental  facilities  corporation  is
  authorized  to provide state assistance payments to villages, towns, and
  cities with a population of less than one million, for implementation of
  small  business  environmental  compliance  assistance  projects   which
  enhance the quality of the air of the state.
2.  A  village,  town,  and  city  with  a population of less than one
  million may submit an application to the president,  in  such  form  and
  manner  as  the  president  may  require,  for state assistance payments
  toward the cost of environmental compliance assistance projects.
3. Upon receipt of a request for a state assistance  application,  the
  president  shall  review  the  request  and, within ninety days from the
  receipt of a complete application, may approve, disapprove, or recommend
  modifications  thereto  consistent   with   applicable   law   criteria,
  standards, or rules and regulations relative to such projects.
2023 New York Laws › ENV - Environmental Conservation › Article 57 - Long Island Pine Barrens Maritime Reserve Act › Title 1 - Long Island Pine Barrens Maritime Reserve Act › 57-0103 - Legislative Declaration.

§ 57-0103. Legislative declaration.
The  legislature  hereby  declares  it to be in the public interest to
  protect and manage the Pine Barrens-Peconic Bay system, in the county of
  Suffolk, by establishing a Long Island Pine Barrens maritime reserve. It
  is further in the public interest to establish  a  council  made  up  of
  representatives  of  state and local governments and private citizens to
  prepare a comprehensive management  plan  and  make  recommendations  to
  preserve,  protect  and  enhance the natural, recreational, economic and
  educational values of the region, which the state and local  governments
  may  adopt.  In  addition,  it  is  further  in  the  public interest to
  establish a commission made up of a  governor's  appointee,  the  county
  executive  of  Suffolk  county  and  the  supervisors  of  the  towns of
  Brookhaven,  Riverhead  and  Southampton   to   prepare,   oversee   and
  participate  in  the implementation of a comprehensive land use plan for
  the Central Pine Barrens area to guide development therein in  a  manner
  suitable to the needs for preservation of the core preservation area and
  compatible growth and development in the compatible growth area.
2023 New York Laws › ENV - Environmental Conservation › Article 57 - Long Island Pine Barrens Maritime Reserve Act › Title 1 - Long Island Pine Barrens Maritime Reserve Act › 57-0109 - Establishment of Long Island Pine Barrens Maritime Reserve; Core Preservation Area and Compatible Growth Area.

§ 57-0109. Establishment  of  Long Island Pine Barrens maritime reserve;
core preservation area and compatible growth area.
1. The region  encompassing  and  distinguished  by  the  Peconic  Bay
  system,   lands  which  gather  and  transmit  precipitation  as  either
  groundwater or runoff into the Peconic Bay system,  lands  characterized
  by  the  growth  of pitch pine, dwarf pine and/or scrub oak pine barrens
  including lands currently under  the  review  and  jurisdiction  of  the
  Suffolk  county  Pine  Barrens  review  commission  and  lands  used  in
  traditional  patterns  for  agriculture,  finfishing,  shellfishing  and
  tourism  and  made  up  of  all lands and waters located in the towns of
  Riverhead, Southold, Shelter Island, Southampton and  East  Hampton  and
  the portion of the town of Brookhaven east of a north south line defined
  by  extending  County  Road  83  to  the northern most and southern most
  extension to their respective water boundaries of  Brookhaven  town  and
  the town's incorporated villages is hereby established and designated to
  be the Long Island Pine Barrens Maritime reserve.
2. Within the reserve and within forty-five days of the effective date
  of  this  subdivision,  the  commission shall file with the secretary of
  state the  maps  of  the  Central  Pine  Barrens  area  classifying  and
  depicting  the  core  preservation  area as defined, which comprises the
  largest essentially intact areas of undeveloped  pine  barrens  ecology,
  and the compatible growth area where appropriate patterns of development
  and  regional  growth shall be permitted and shall file a certified copy
  thereof with the county clerk of Suffolk county and the  clerk  of  each
  town  or  village  whose boundaries are included within the Central Pine
  Barrens area. Notice of the filing and availability of such map shall be
  published at least twice in the paper  of  general  circulation  in  the
  county   of  Suffolk.  An  affected  property  owner  may  petition  the
  commission for precise delineation  or  adjustment  of  boundary  as  it
  applies   to   the   affected   property.   The  commission  shall  have
  discretionary powers to modify the boundaries of the  core  preservation
  area  by  up  to  three  hundred  feet  as  circumstances  warrant after
  notification to  the  affected  property  owner  or  owners,  except  no
  boundary  defined  by  a  state  or county highway or navigable waterway
  shall be modified to extend beyond such highway or waterway.