reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 43 - Enforcement of Article 40 › 71-4305 - Enforcement of Article Forty of This Chapter.

§ 71-4305. Enforcement of article forty of this chapter.
1. The commissioner, after investigation, notice and an opportunity to
  be  heard, may issue, modify and revoke orders prohibiting violations of
  any of the provisions of article forty or  of  any  rule  or  regulation
  promulgated  pursuant  thereto and requiring the taking of such remedial
  measures as may be necessary or appropriate.
2. The attorney general, on his own initiative after consultation with
  the commissioner or at the request of the commissioner, may initiate any
  appropriate action or proceeding to enforce  any  provision  of  article
  forty  of  this  chapter  or any rule or regulation promulgated pursuant
  thereto or any order issued or penalty assessed pursuant to this title.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4401 - Definitions.

§ 71-4401. Definitions.
As  used  in  this title, the following terms shall have the following
  meanings:
1. "Regulated medical waste" means regulated medical waste as  defined
  in title 15 of article 27 of this chapter.
2. "Pound" means an avoirdupois pound.
3.  "Gallon"  means  a  unit  of  liquid capacity equal to two hundred
  thirty-one cubic inches or four quarts.
4. "Environment" means any water, water vapor, any land including land
  surface or subsurface, air, fish, wildlife, biota, and all other natural
  resources.
5. "Release"  means  any  pumping,  pouring,  emitting,  emptying,  or
  leaching,  directly  or indirectly, of a substance so that the substance
  or any related constituent thereof, or any degradation product of such a
  substance  or  of  a  related  constituent  thereof,   may   enter   the
  environment, or the disposal of any substance.
6.  "Disposal"  means  the  discharge,  deposit,  injection,  dumping,
  spilling, leaking or placing of any substance so that such substance  or
  any  related  constituent  thereof  may  enter  the  environment, or the
  abandonment of any substance.
7. "Abandonment" means the intentional relinquishment or forsaking  of
  all  possession  or  control  of any substance. In any prosecution under
  this title, it is an affirmative defense to an allegation of abandonment
  that the defendant surrendered possession or control of  such  substance
  to  another party who knowingly and voluntarily consented to assume such
  possession or control.
8. "Intentionally,  knowingly,  recklessly  and  criminal  negligence"
  shall  have  the  same meanings as defined in section 15.05 of the penal
  law.
9. "Criminal transaction" shall have the same meaning  as  defined  in
  section 40.10 of the criminal procedure law.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4403 - Unlawful Possession of Regulated Medical Waste in the Second Degree.

§ 71-4403. Unlawful  possession of regulated medical waste in the second
degree.
No person shall:
1. Knowingly and intentionally possess more than twenty gallons or two
  hundred pounds, whichever is less, of an aggregate weight or  volume  of
  regulated medical waste at a place other than the facility at which such
  waste was generated; or
2.  Recklessly possess more than forty gallons or four hundred pounds,
  whichever is less, of an aggregate weight or volume of regulated medical
  waste at a place other  than  the  facility  at  which  such  waste  was
  generated.
3.  The  provisions  of this section shall not apply to any person for
  acts undertaken in compliance with the provisions of titles 3 and 15  of
  article  27 of this chapter or the rules, regulations, permits or orders
  promulgated pursuant thereto.
Unlawful possession of regulated medical waste in the second degree is
  a class A misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4404 - Unlawful Possession of Regulated Medical Waste in the First Degree.

§ 71-4404. Unlawful  possession  of regulated medical waste in the first
degree.
No person shall:
1. Knowingly and intentionally possess more than three hundred gallons
  or three thousand pounds, whichever is less, of an aggregate  weight  or
  volume  of regulated medical waste at a place other than the facility at
  which such waste was generated; or
2. Recklessly possess more than five hundred gallons or five  thousand
  pounds, whichever is less, of an aggregate weight or volume of regulated
  medical waste at a place other than the facility at which such waste was
  generated.
3.  The  provisions  of this section shall not apply to any person for
  acts undertaken in compliance with the provisions of titles 3 and 15  of
  article  27 of this chapter or the rules, regulations, permits or orders
  promulgated pursuant thereto.
Unlawful possession of regulated medical waste in the first degree  is
  a class E felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4405 - Unlawful Release of Regulated Medical Waste in the Fourth Degree.

§ 71-4405. Unlawful  release  of  regulated  medical waste in the fourth
degree.
A person is guilty of unlawful release of regulated medical  waste  in
  the  fourth degree when such person with criminal negligence, engages in
  conduct which causes the release to the environment of regulated medical
  waste.
Unlawful release of regulated medical waste in the fourth degree is  a
  class B misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4406 - Unlawful Release of Regulated Medical Waste in the Third Degree.

§ 71-4406. Unlawful  release  of  regulated  medical  waste in the third
degree.
A person is guilty of unlawful release of regulated medical  waste  in
  the third degree when such person:
1.  Recklessly  engages  in  conduct  which  causes the release to the
  environment of regulated medical waste; or
2. Knowingly engages in  conduct  which  causes  the  release  to  the
  environment of regulated medical waste.
Unlawful  release  of regulated medical waste in the third degree is a
  class A misdemeanor.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4407 - Unlawful Release of Regulated Medical Waste in the Second Degree.

§ 71-4407. Unlawful  release  of  regulated  medical waste in the second
degree.
A person is guilty of unlawful release of regulated medical  waste  in
  the second degree when such person:
1. Knowingly or recklessly engages in conduct which causes the release
  to  the  environment  of  regulated  medical  waste  which  includes any
  quantity of regulated medical waste which is  capable  at  the  time  of
  transport,  or  at  any time thereafter, of causing disease, or physical
  injury; or
2. Knowingly or recklessly engages in conduct  constituting  a  single
  criminal transaction which causes the release to the environment of more
  than five hundred gallons or five thousand pounds, whichever is less, of
  regulated medical waste.
Unlawful  release of regulated medical waste in the second degree is a
  class E felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4408 - Unlawful Release of Regulated Medical Waste in the First Degree.

§ 71-4408. Unlawful  release  of  regulated  medical  waste in the first
degree.
A person is guilty of unlawful release of regulated medical  waste  in
  the first degree when such person:
1.  Knowingly  engages  in  conduct  which  causes  the release to the
  environment of regulated medical waste, which includes any  quantity  of
  regulated medical waste which is capable at the time of transport, or at
  any  time thereafter, of causing serious physical injury or death to any
  person who is not a participant in the crime; or
2.  Knowingly  engages  in  conduct  constituting  a  single  criminal
  transaction which causes the release to the environment of more than one
  thousand  gallons  or  ten  thousand  pounds,  whichever  is less, of an
  aggregate weight or volume of regulated medical waste.
Unlawful release of regulated medical waste in the first degree  is  a
  class D felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4409 - Unlawful Dealing in Regulated Medical Waste.

§ 71-4409. Unlawful dealing in regulated medical waste.
No person shall, with intent to cause an unlawful release of regulated
  medical waste as defined in section 71-4407 or 71-4408 of this article:
1.  transfer,  transport,  repackage  or  convey such waste to another
  person, thereby causing such other person to possess,  store,  transport
  or  dispose  of  such  waste in violation of section 27-1505, 27-1507 or
  27-1509 of this chapter; or
2. receive or agree to receive a benefit in exchange  for  possessing,
  storing,  transporting  or  disposing  of  regulated  medical  waste  in
  violation of section 27-1505, 27-1507 or 27-1509 of this chapter; or
3. confer or offer or agree to confer a benefit upon another person to
  induce them to possess, store, transport or dispose of regulated medical
  waste in violation of  section  27-1505,  27-1507  or  27-1509  of  this
  chapter.
Unlawful dealing in regulated medical waste is a class E felony.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4410 - Affirmative Defense.

§ 71-4410. Affirmative defense.
In any prosecution or proceeding pursuant to title 15 of article 27 it
  is  an  affirmative  defense that the articles being discarded have been
  treated in accordance with subdivision one of section 27-1505.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4411 - Enforcement of Title 15 of Article 27.

§ 71-4411. Enforcement of title 15 of article 27.
1.  When a person is convicted of a crime under the provisions of this
title, the sentence of the court shall be as follows:
(a) A fine, as set forth in subdivision two of  this  section,  or  in
paragraph  b of subdivision two of section 71-4402 of this title for the
misdemeanor set forth therein;
(b) Following a hearing in accordance with the procedures set forth in
section 71-2723 of this article, payment of the cost of restoring to its
original state the area  where  regulated  medical  waste  was  released
unlawfully  in  violation  of  the provisions of this article, provided,
however, that references to "hazardous waste" shall be  deemed  to  mean
"regulated  medical  waste"  for  the  purpose  of such hearing and such
determination;
(c) Any other sentence authorized by law, including imprisonment; or
(d) Any combination of such fine, payment of the cost of  restoration,
and any other sentence authorized by law, including imprisonment.
2.  Fines.  A  sentence  to  pay a fine shall be a sentence to pay any
amount fixed by the court, not exceeding the higher of:
(a) one hundred fifty thousand dollars for a class D felony;
(b) one hundred thousand dollars for a class E felony;
(c) fifty thousand dollars for a class A misdemeanor;
(d) fifteen thousand dollars for a class B misdemeanor; or
(e) double the amount of the defendant's gain from the  commission  of
the crime.
2023 New York Laws › ENV - Environmental Conservation › Article 71 - Enforcement › Title 44 - Enforcement of Title 15 of Article 27 › 71-4412 - Disposition of Penalties and Fines.

§ 71-4412. Disposition of penalties and fines.
1. Notwithstanding any provision of law to the contrary, all penalties
  and  fines  collected pursuant to section 71-4411 of this title shall be
  paid over to the commissioner for deposit into the general fund  to  the
  credit of the state purposes account.
2.  All  moneys collected in any action brought on behalf of the state
  for damage resulting from improper or  unlawful  disposal  of  regulated
  medical  waste shall be paid over to the commissioner for deposit to the
  credit of the environmental enforcement account.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 1 - Declaration of Policy; Definitions › 72-0101 - Declaration of Policy.

§ 72-0101. Declaration of policy.
The  legislature  of  the  state  of  New  York  hereby  declares that
  comprehensive environmental regulatory management programs are essential
  to protect New York state's environmental  resources  and  the  public's
  health  and  welfare.  It further declares that those regulated entities
  which use or have an  impact  on  the  state's  environmental  resources
  should  bear the costs of the regulatory provisions which permit the use
  of these resources  in  a  manner  consistent  with  the  environmental,
  economic and social needs of the state. The legislature further declares
  that  regulatory  fees  are an appropriate mechanism to pay a portion of
  the costs of the department's regulatory functions and  programs  and  a
  portion  of  the  costs  to fund the cleanup of inactive hazardous waste
  disposal sites and that  such  fees  should  be  borne  by  the  state's
  regulated   entities   in   order  to  further  strengthen  the  state's
  capabilities to achieve  its  environmental  quality  objectives.    The
  legislature  further  declares that the department's regulatory programs
  and corresponding costs vary according  to  certain  relevant  technical
  criteria which shall be considered in determining adjustments to fees as
  provided in this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 2 - Annual Program Costs and Fees › 72-0202 - Collection of Annual Program Fees.

§ 72-0202. Collection of annual program fees.
1.  Bills  issued  for  the  air quality control, hazardous waste, and
  state pollutant discharge elimination system annual program fees due for
  the  state  fiscal  year  beginning  April   first,   nineteen   hundred
  eighty-five  shall  cover  the  period  April  first,  nineteen  hundred
  eighty-five through December thirty-first, nineteen hundred eighty-five.
  The fee for the period April first, nineteen hundred eighty-five through
  December thirty-first, nineteen hundred eighty-five shall  be  equal  to
  three-quarters  of  the  amount  calculated  in the manner prescribed by
  sections 72-0302, 72-0402 and 72-0602 of this article.
2. Air quality control, hazardous waste, and state pollutant discharge
  elimination system program fees for  periods  beginning  after  December
  thirty-first,  nineteen  hundred  eighty-five  shall be calculated based
  upon the calendar year.
3. Waste transporter program fees shall be calculated based  upon  the
  permit year.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 2 - Annual Program Costs and Fees › 72-0203 - Annual Report.

§ 72-0203. Annual report.
Notwithstanding  any  other  provision  of  law,  the department shall
  submit, no later than January fifteenth in each year, a  report  to  the
  governor, the chairmen of the senate finance committee and assembly ways
  and  means committee, consisting of a summary and analysis of all moneys
  paid pursuant to this article and all penalties, fines  and  other  sums
  collected  or  received  pursuant  to  titles  nineteen,  twenty-one and
  twenty-seven of article seventy-one of this chapter.  The  report  shall
  also  include  data relating to the moneys paid pursuant to this article
  to the costs of  regulation  by  permit  category  as  defined  in  this
  article.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 5 - Waste Transporter Program Fee › 72-0502 - Waste Transporter Program Fees.

§ 72-0502. Waste transporter program fees.
1.  All  persons  required to obtain a permit, certificate or approval
pursuant to the waste transporter permit requirements set forth in title
three of article twenty-seven of this chapter shall submit  annually  to
the department a fee in an amount to be determined as follows:
a. In the case of persons permitted pursuant to title three of article
twenty-seven of this chapter to transport industrial-commercial waste or
low-level radioactive waste:
(i) $500.00 for the first vehicle permitted pursuant to title three of
article twenty-seven of this chapter; and
(ii) $200.00 per each additional vehicle permitted.
b. In the case of all other persons:
(i) $250.00 for the first vehicle permitted pursuant to title three of
article twenty-seven of this chapter; and
(ii) $100.00 per each additional vehicle permitted.
2.  All  persons  required to obtain a permit, certificate or approval
pursuant to the waste transporter permit requirements set forth in title
15 of article 27 of this chapter shall submit annually to the department
a fee in the amount of five hundred  dollars  ($500.00)  for  the  first
vehicle  permitted,  certified  or  approved  for  the transportation of
regulated medical waste, and two  hundred  dollars  ($200.00)  for  each
additional vehicle so permitted, certified or approved.
Provided,  however,  that  where  a  city  or  county is delegated the
authority to administer the state waste transporter program pursuant  to
subdivision  four  of  section  27-0305 of this chapter and such city or
county collects a fee in connection  with  the  issuance  of  a  permit,
certificate or approval for a waste transporter, no additional liability
for fees under this section shall accrue.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 6 - State Pollutant Discharge Elimination System Program Fee › 72-0601 - Definitions.

§ 72-0601. Definitions.
When used in this title:
1.  "Facility"  means any establishment for which a general permit has
  been issued pursuant to subdivision  six  of  section  70-0117  of  this
  chapter or any industrial, municipal or private/commercial/institutional
  (P/C/I)  establishment,  or  any  vessel  for which a permit is required
  under titles seven and eight of article seventeen of this chapter.
2. "Industrial facility" means any manufacturing operation  including,
  but  not limited to animal feeding operations, aquatic animal production
  facilities,  mining  and  silvicultural  operations,  and  solid   waste
  management facilities.
3.  "Municipal  facility"  means  a  publicly  owned  treatment works,
  including raw discharges and combined sewer  overflows,  or  a  publicly
  owned drinking water treatment plant.
4.  "P/C/I"  means  a  private/commercial/institutional facility which
  primarily discharges sewage.
5. "Power plant" means any facility which generates electricity  using
  a  steam turbine and generator, which may be fired by coal, oil, natural
  gas, nuclear energy, or other fuel source.
6. "State pollutant discharge elimination system  program"  or  "SPDES
  program" means those activities of the department as specified in titles
  seven  and  eight  of  article  seventeen  of  this  chapter  related to
  discharges into the waters of the  state  and  any  related  enforcement
  activities.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 7 - Water Transport Permit Program Fee › 72-0701 - Definitions.

§ 72-0701. Definitions.
When used in this title:
1. "Facility" means any stationary or movable intake mechanism for the
  withdrawal  of  fresh  water.  For  the  purposes of this title multiple
  intake mechanism on shoreline facilities or vessels shall be  considered
  as part of one facility.
2. "Water transport permit" means a permit required by section 15-1506
  of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 7 - Water Transport Permit Program Fee › 72-0702 - Water Transport Permit Program Fee.

§ 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  fresh  water  withdrawn  or  transported
  pursuant to such permit.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1001 - Definitions.

§ 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 by mining during the  term  of  the  permit  to
mine.
2.  "Mining"  means the extraction of overburden and minerals from the
earth;  the  preparation  and  processing  of  minerals,  including  any
activities  or  processes or parts thereof for the extraction or removal
of minerals from their original location and the  preparation,  washing,
cleaning, crushing, or other processing of minerals at the mine location
so  as  to make them suitable for commercial, industrial or construction
use, exclusive of manufacturing processes, at  the  mine  location;  the
removal  of  such materials through sale or exchange, or for commercial,
industrial or municipal use; and the disposition of overburden, tailings
and  waste  at  the  mine  location.  "Mining"  shall  not  include  the
excavation,  removal  and  disposition  of  minerals  from  construction
projects, exclusive of the creation of water bodies, or  excavations  in
aid of agricultural activities.
3.  "Minor  projects"  means  projects which meet all of the following
criteria:
(a) total acreage affected by mining for the  entire  mining  site  is
less than five acres, regardless of length of mining period;
(b)  total  depth  of mine from floor to top of mine face is less than
twenty feet;
(c) there  is  no  on-site  processing  of  minerals  (e.g.,  washing,
crushing);
(d) there is no mining within one hundred feet of any surface waters;
(e) there is no mining of consolidated minerals;
(f) there is no mining within five hundred feet of any dwelling; and
(g) there is no mining below the water table at the mine site.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1003 - Fees.

§ 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  hundred dollars for affected land of an acreage equal to or
  less than five acres; or
3. nine hundred dollars for affected land of an acreage  greater  than
  five acres and equal to or less than ten acres; or
4.  fifteen  hundred  dollars  for affected land of an acreage greater
  than ten acres and equal to or less than twenty acres; or
5. four thousand dollars for affected land of an acreage greater  than
  twenty acres and equal to or less than thirty acres; or
6. eight thousand dollars for affected land of an acreage greater than
  thirty acres.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1005 - Liability for Fees.

§ 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  fees  shall  commence on
  January first;
2. for persons receiving  new  permits  or  approvals  or  subject  to
  regulation  under  this  title  after  September first, nineteen hundred
  ninety-one, liability for fees shall equal the  annual  fee  established
  pursuant to this title and shall be prorated from the date of issuance;
3.  for  all  persons  holding  permits  or  approvals,  or subject to
  regulation under this title liability to pay annual fees shall  continue
  until  such  time  as reclamation has been completed and approved by the
  department and any required financial security has  been  released,  and
  shall be prorated to the date of approval by the department.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1007 - Disposition of Fees.

§ 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 any other moneys in the
  joint or sole custody of the state comptroller.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1009 - Environmental Regulatory Account.

§ 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 chapter, except as identified under article six  of
  the public officers law; and any other contributions or donations by the
  public to such account.
2.  Moneys in the account, following appropriation by the legislature,
  shall be allocated upon the certification of approval  for  availability
  by  the director of the budget for the administration and enforcement of
  title twenty-seven of article twenty-three of  this  chapter,  including
  but  not  limited  to  monitoring,  surveillance, enforcement, training,
  research, administration and cooperation  with  any  federal,  state  or
  local agency.
2023 New York Laws › ENV - Environmental Conservation › Article 72 - Environmental Regulatory Program Fees › Title 10 - Mined Land Reclamation Program Fees › 72-1011 - Mined Lands Reclamation Program Account.

§ 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 of all moneys  received  from  fees,  fee
  penalties,  and  fee and fee penalty interest collected pursuant to this
  title,  and  any  other  moneys  collected  therefor  or   credited   or
  transferred thereto from any other fund, account or source.
3.  Moneys  in  the  mined land reclamation program account, following
  appropriation  by  the  legislature,  shall  be  disbursed,   upon   the
  certification  of  approval  for  availability  by  the  director of the
  budget, for the administration and enforcement of title twenty-seven  of
  article  twenty-three  of  this  chapter,  including  but not limited to
  monitoring, surveillance, enforcement, training and research.
2023 New York Laws › ENV - Environmental Conservation › Article 73 - New York State Canal Flood Mitigation Task Force › 73-0101 - Flood Mitigation Task Force.

* § 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 York state canal system,  including  the
  Erie  Canal  and  major  water bodies within the Oswego river basin that
  contribute to the flooding of the canal,  and  to  make  recommendations
  with respect to such measures.
* NB Repealed 120 days after the New York State canal flood mitigation
  task force has submitted its completed report (see ch. 456/2007 §2)
2023 New York Laws › ENV - Environmental Conservation › Article 73 - New York State Canal Flood Mitigation Task Force › 73-0103 - Definitions.

* § 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 particular aspect of the
  natural or built environment, economy, or society that could potentially
  be adversely impacted by flood events. Such term includes,  but  is  not
  limited  to,  stream  and  river  banks,  locks  and  dams, wetlands and
  waterfront areas, water resources, transportation infrastructure,  water
  supply and wastewater infrastructure, human health, recreation, tourism,
  power generation and business, residential, farm and municipal sectors.
3.  "Flood  event"  means  an overflow or inundation that comes from a
  river or other body of  water,  whether  caused  by  rainfall,  waterway
  operation,  dam  break,  water  runoff  or  other  means,  and causes or
  threatens damage.
4.  "Canal  system"  shall  mean  the  canal  waterways,   lands   and
  infrastructure as set out in section two of the canal law.
* NB Repealed 120 days after the New York State canal flood mitigation
  task force has submitted its completed report (see ch. 456/2007 §2)
2023 New York Laws › ENV - Environmental Conservation › Article 73 - New York State Canal Flood Mitigation Task Force › 73-0107 - Task Force Duties.

* § 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:
(a)  Adaptive  measures  that  can be taken to mitigate flood damages,
including but not limited to feasible floodplain management  activities,
wetland restoration, flood control structures, communication systems and
structures and associated costs;
(b)   Evaluation   which   should   include  impacts  on  agriculture,
transportation, land use, health, insurance and economic sectors such as
shipping, fisheries, power generation, tourism, and recreation.  Impacts
on  infrastructure,  including  bridges,  low-lying  roads, dams, locks,
causeways, water and wastewater treatment  plants  and  docks  shall  be
included in the evaluation; and
(c)  Evaluation of canal operation procedures and plans which may have
a direct or indirect impact on flood  mitigation  and  flood  management
including,  but  not limited to, debris management, communication, water
management and flood response.
2. Evaluation and  assessment  of  any  flood  control  or  mitigation
measures  identified in terms of feasibility, economic and public health
impacts, and  effectiveness,  as  well  as  identifying  impediments  to
implementing  flood  control and mitigation measures and where possible,
actions that could be taken to resolve these issues.
3. The department and the canal corporation  shall  provide  the  task
force  with such facilities, assistance and data as will enable the task
force to carry out  its  powers  and  duties.  Additionally,  all  other
agencies  of  the state or subdivisions thereof shall, at the request of
the chair provide the task force with such facilities,  assistance,  and
data as will enable the task force to carry out its powers and duties.
4. The task force shall have the power to:
(a) Contract for professional and technical assistance and advice;
(b)  Contract  for and accept assistance including, but not limited to
gifts, grants, easements, and loans of funds, real property and personal
property from the federal government or any agency or instrumentality of
the state, or from any other public or private source to comply, subject
to the provisions  of  this  article,  with  the  terms  and  conditions
thereof,  subject  to  the  approval  of  the  division  of  the budget.
Notwithstanding the provisions of section eleven of  the  state  finance
law,  the  task  force  may  accept gifts, grants, devises and bequests,
whether conditional or unconditional with the approval of  the  director
of the budget; and
(c) Conduct scientific and environmental studies.
* NB Repealed 120 days after the New York State canal flood mitigation
task force has submitted its completed report (see ch. 456/2007 §2)
2023 New York Laws › ENV - Environmental Conservation › Article 75 - Climate Change › 75-0107 - Statewide Greenhouse Gas Emissions Limits.

§ 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 a percentage of 1990 emissions, as estimated pursuant
  to section 75-0105 of this article, as follows:
a. 2030: 60% of 1990 emissions.
b. 2050: 15% of 1990 emissions.
2. Greenhouse gas emission limits shall be measured in units of carbon
  dioxide  equivalents  and  identified  for  each  individual   type   of
  greenhouse gas.
3.  In  order  to ensure the most accurate determination feasible, the
  department shall utilize the best available  scientific,  technological,
  and  economic  information  on greenhouse gas emissions and consult with
  the council, stakeholders, and the public in order to  ensure  that  all
  emissions   are  accurately  reflected  in  its  determination  of  1990
  emissions levels.
4. In order to comply with  the  statewide  greenhouse  gas  emissions
  limits  promulgated  pursuant  to this section, a source may utilize the
  alternative compliance mechanism  established  pursuant  to  subdivision
  four of section 75-0109 of this article. The use of such mechanism shall
  be in accordance with the provisions of that subdivision.
2023 New York Laws › ENV - Environmental Conservation › Article 75 - Climate Change › 75-0113 - Value of Carbon.

§ 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 of dollars per ton  of  carbon
  dioxide equivalent.
2. The social cost of carbon shall serve as a monetary estimate of the
  value  of  not emitting a ton of greenhouse gas emissions. As determined
  by the department, the social cost of carbon may be  based  on  marginal
  greenhouse gas abatement costs or on the global economic, environmental,
  and  social  impacts  of  emitting  a  marginal  ton  of  greenhouse gas
  emissions into the atmosphere, utilizing a range of appropriate discount
  rates, including a rate of zero.
3. In developing the social  cost  of  carbon,  the  department  shall
  consider prior or existing estimates of the social cost of carbon issued
  or  adopted by the federal government, appropriate international bodies,
  or other appropriate and reputable scientific organizations.
2023 New York Laws › ENV - Environmental Conservation › Article 75 - Climate Change › 75-0117 - Investment of Funds.

§ 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 designed to achieve  a  goal
  for  disadvantaged  communities  to  receive  forty  percent  of overall
  benefits of spending on clean energy  and  energy  efficiency  programs,
  projects  or investments in the areas of housing, workforce development,
  pollution   reduction,   low   income   energy    assistance,    energy,
  transportation   and   economic   development,  provided  however,  that
  disadvantaged communities shall receive no less than thirty-five percent
  of  the  overall  benefits  of  spending  on  clean  energy  and  energy
  efficiency  programs,  projects or investments and provided further that
  this section shall not alter funds already contracted or committed as of
  the effective date of this section.
2023 New York Laws › ENV - Environmental Conservation › Article 75 - Climate Change › 75-0119 - Implementation Reporting.

§ 75-0119. Implementation reporting.
1.  The  department  in  consultation with the council shall, not less
  than  every  four  years,  publish  a   report   which   shall   include
  recommendations regarding the implementation of greenhouse gas reduction
  measures.
2. The report shall, at minimum, include:
a.  Whether the state is on track to meet the statewide greenhouse gas
  emissions limits established in section 75-0107 of this article.
b. An assessment of existing regulations and whether modifications are
  needed to ensure fulfillment of the statewide greenhouse  gas  emissions
  limits.
c.  An  overview  of  social  benefits  from  the regulations or other
  measures,  including  reductions  in  greenhouse   gas   emissions   and
  copollutants,  diversification  of energy sources, and other benefits to
  the economy, environment, and public health.
d. An overview of compliance costs for regulated entities and for  the
  department and other state agencies.
e.  Whether  regulations  or  other  greenhouse gas reduction measures
  undertaken are equitable, minimize costs and maximize the total benefits
  to the state, and encourage early action.
f. Whether activities undertaken  to  comply  with  state  regulations
  disproportionately   burden   disadvantaged  communities  as  identified
  pursuant to section 75-0111 of this article.
g. An assessment of local benefits and impacts of  any  reductions  in
  co-pollutants  related  to  reductions in statewide and local greenhouse
  gas emissions.
h. An assessment of disadvantaged communities' access to or  community
  ownership  of  the services and commodities identified in section six of
  the chapter of the laws  of  two  thousand  nineteen  which  added  this
  article.
i. Whether entities that have voluntarily reduced their greenhouse gas
  emissions   prior   to   the  implementation  of  this  article  receive
  appropriate credit for early voluntary reductions.
j. Recommendations for future regulatory and policy action.
3. In preparing this report,  the  department  shall,  at  a  minimum,
  consult  with  the  council,  and  the  climate  justice  working  group
  established in section 75-0111 of this article.
4. The report shall  be  published  and  posted  on  the  department's
  website.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 1 - Short Title; How Cited; References; Severability; Application › 1-1.1 - Short Title; How Cited

§ 1-1.1 Short title; how cited
This  chapter shall be known as the Estates, Powers and Trusts Law and
  may be cited as EPTL.  A section of this law may be  cited  by  article,
  part  and section number, to wit, EPTL 1-1.1, which refers to article 1,
  part 1, section 1, without being preceded by the word article,  part  or
  section or the symbol §.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 1 - Short Title; How Cited; References; Severability; Application › 1-1.2 - References

§ 1-1.2 References
Unless  otherwise  stated,  all references in this chapter to article,
  part or section number refer to the articles, parts or  section  numbers
  of  this chapter, and all references in any section of this chapter to a
  lettered or numbered paragraph or subparagraph refer to the paragraph or
  subparagraph so lettered or numbered in such section.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 1 - Short Title; How Cited; References; Severability; Application › 1-1.3 - Rules Governing Use of Certain Words

§ 1-1.3 Rules governing use of certain words
In this chapter, unless the context otherwise requires:
(a)    Words  in  the  singular  number include the plural, and in the
plural include the singular.
(b)   Words of the masculine  gender  include  the  feminine  and  the
neuter,  and  when the sense so indicates words of the neuter gender may
refer to any gender.
(c)  The word "writing" includes typewritten or printed matter.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 1 - Short Title; How Cited; References; Severability; Application › 1-1.4 - Severability

§ 1-1.4 Severability
If  any provision of this chapter or application thereof to any person
  or circumstances is held invalid, such invalidity shall not affect other
  provisions or applications of this chapter which  can  be  given  effect
  without  regard to the invalid provision or application, and to this end
  the provisions of this chapter are declared to be severable.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 1 - Short Title; How Cited; References; Severability; Application › 1-1.5 - Application

§ 1-1.5 Application
Unless  otherwise stated therein, the provisions of this chapter apply
  to the estates, and to instruments making dispositions  or  appointments
  thereof,  of  persons  living  on  its effective date or born subsequent
  thereto, without regard to the date of execution of any such instrument;
  except that the provisions of this chapter shall not  impair  or  defeat
  any  rights  which  have  accrued  under dispositions or appointments in
  effect prior to its effective date.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.1 - Codicil

§ 1-2.1 Codicil
A  codicil is a supplement to a will, either adding to, taking from or
  altering its provisions  or  confirming  it  in  whole  or  in  part  by
  republication, but not totally revoking such will.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.7 - Fiduciary

§ 1-2.7 Fiduciary
A  fiduciary is a person who meets the description, in this part, of a
  "personal representative" or who is designated by the creator or by  the
  court  to  act  as  an  assignee  for  the  benefit  of  creditors, or a
  committee, conservator, curator, custodian, guardian, trustee  or  donee
  of a power during minority.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.9-A - Infant or Minor

§ 1-2.9-a  Infant or minor
As  used  in this chapter, the term "infant" or "minor" means a person
  who has not attained the age of eighteen years, provided, however,  that
  such definition shall not be applicable to any provision relating to the
  New York Uniform Transfers to Minors Act, nor to section 13-3.4.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.10 - Issue

§ 1-2.10 Issue
(a)  Unless a contrary intention is indicated:
(1)  Issue are the descendants in any degree from a common ancestor.
(2)  The terms "issue" and "descendants", in subparagraph (1), include
adopted children.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.11 - Per Capita

§ 1-2.11 Per capita
A  disposition  or  distribution  of property is per capita when it is
  made to persons, each of whom is to take  in  his  own  right  an  equal
  portion of such property.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.12 - Person

§ 1-2.12 Person
The  term  "person"  includes a natural person, an association, board,
  any  corporation,  whether  municipal,  stock   or   non-stock,   court,
  governmental agency, authority or subdivision, partnership or other firm
  and the state.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.13 - Personal Representative

§ 1-2.13 Personal representative
A  personal  representative  is  a  person who has received letters to
  administer the estate of a  decedent.  The  term  does  not  include  an
  assignee  for  the  benefit  of  creditors, or a committee, conservator,
  curator, custodian,  guardian,  trustee  or  donee  of  a  power  during
  minority.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.14 - Per Stirpes

§ 1-2.14 Per stirpes
A  per  stirpes  disposition  or  distribution  of property is made to
  persons who take as issue  of  a  deceased  ancestor  in  the  following
  manner:
The  property so passing is divided into as many equal shares as there
  are (i) surviving issue  in  the  generation  nearest  to  the  deceased
  ancestor  which  contains  one or more surviving issue and (ii) deceased
  issue in the same generation who left  surviving  issue,  if  any.  Each
  surviving member in such nearest generation is allocated one share.  The
  share  of a deceased issue in such nearest generation who left surviving
  issue shall be distributed in the same manner to such issue.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.16 - Representation

§ 1-2.16 Representation
By representation means a disposition or distribution of property made
  in  the  following  manner  to  persons  who take as issue of a deceased
  ancestor:
The property so passing is divided into as many equal shares as  there
  are  (i)  surviving  issue  in  the  generation  nearest to the deceased
  ancestor which contains one or more surviving issue  and  (ii)  deceased
  issue  in  the  same  generation  who left surviving issue, if any. Each
  surviving member in such nearest generation is allocated one share.  The
  remaining  shares,  if  any,  are  combined and then divided in the same
  manner among the surviving  issue  of  the  deceased  issue  as  if  the
  surviving  issue who are allocated a share had predeceased the decedent,
  without issue.
2023 New York Laws › EPT - Estates, Powers and Trusts › Article 1 - General Provisions › Part 2 - Definitions › 1-2.19 - Will

§ 1-2.19 Will
(a)    A  will  is  an oral declaration or written instrument, made as
prescribed by 3-2.1 or 3-2.2 to take effect upon death, whereby a person
disposes of property or  directs  how  it  shall  not  be  disposed  of,
disposes  of his body or any part thereof, exercises a power, appoints a
fiduciary or makes any other provision for  the  administration  of  his
estate, and which is revocable during his lifetime.
(b)  Unless the context otherwise requires, the term "will" includes a
"codicil".