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 › 56-0502 - Definitions.

§ 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
  community  based  organization is located, which has twenty-five percent
  or more of its board of directors residing  in  the  community  in  such
  area; and represents a community with a demonstrated financial need.
"Community  based  organization"  shall not include any not-for-profit
  corporation that has caused or contributed to the release or  threatened
  release  of  contamination  from  or  onto  the  brownfield site, or any
  not-for-profit corporation that generated, transported, or disposed  of,
  or  that  arranged  for,  or  caused, the generation, transportation, or
  disposal of  contamination  from  or  onto  the  brownfield  site.  This
  definition  shall  not  apply  if  more  than twenty-five percent of the
  members, officers or directors of the not-for-profit corporation are  or
  were  employed  by or receiving compensation from any person responsible
  for a site under title thirteen of article twenty-seven of this  chapter
  or  article  twelve of the navigation law or under applicable principles
  of statutory or common law liability.
1-a. "Contamination" or "contaminated" shall have the same meaning  as
  provided in section 27-1405 of this chapter.
2.  "Cost", for purposes of this title, shall have the same meaning as
  provided in subdivision four of section 56-0101 of this article,  except
  that  such  term shall not include the requirement to reduce the cost of
  an approved project in accordance with any federal or  state  funds  for
  the project received or to be received by the municipality.
3.  "Environmental  restoration  investigation  project"  shall mean a
  project, undertaken in accordance with the requirements of  this  title,
  to  investigate  contamination  located  in,  on, or emanating from real
  property held in title by a municipality.
4.  "Environmental  restoration  remediation  project"  shall  mean  a
  project,  undertaken  in accordance with the requirements of this title,
  to remediate contamination  located  in,  on,  or  emanating  from  real
  property held in title by a municipality.
5.  "Municipality",  for  purposes  of this title, shall have the same
  meaning as provided in subdivision fifteen of section  56-0101  of  this
  article,  except  that  such term shall not refer to a municipality that
  generated, transported, or disposed of, arranged for, or that caused the
  generation, transportation, or disposal of contamination located at real
  property proposed to be  investigated  or  to  be  remediated  under  an
  environmental  restoration project. For purposes of this title, the term
  municipality includes  a  municipality  acting  in  partnership  with  a
  community based organization.
6.  "State  assistance", for purposes of this title, shall mean in the
  case of a contract authorized by subdivision one of section  56-0503  of
  this   title,   payments   made  to  a  municipality  to  reimburse  the
  municipality  for  the  state  share  of  the  costs  incurred  by   the
  municipality to undertake an environmental restoration project or in the
  case  of  a written agreement authorized by subdivision three of section
  56-0503 of this title, costs incurred  by  the  state  to  undertake  an
  environmental restoration project but not reimbursed by a municipality.