reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints › 33-0921 - Aquatic Antifouling Paint Applicator Certification.

§ 33-0921. Aquatic antifouling paint applicator certification.
1.  Notwithstanding  any other provision of law or regulation pursuant
  to this title, a person who is  certified  by  the  commissioner  as  an
  aquatic  antifouling  paint  applicator  may  engage  in  the commercial
  application of aquatic antifouling paint.
2. Application for aquatic antifouling paint applicator  certification
  shall  be  made  to the commissioner. The application shall be on a form
  prescribed by the commissioner and shall be accompanied by  the  fee  or
  fees provided in section 33-0911 of this article.
3. An applicant for aquatic antifouling paint applicator certification
  shall  successfully complete a comprehensive twenty-hour training course
  approved by the department including eight  hours  of  category-specific
  training  which  includes  topics  related  to  the safe and proper use,
  handling, storage and disposal  of  aquatic  antifouling  paints  and/or
  satisfy  the commissioner as to the applicant's knowledge and experience
  concerning the proper use and application of aquatic  antifouling  paint
  and   application   equipment   through  examination  prior  to  initial
  certification. The commissioner may consider appropriate  experience  of
  the  applicant  as specified in regulations when determining eligibility
  for examination.
4. Aquatic antifouling paint applicator certification shall  be  valid
  for   three   years   after  which  every  applicator  shall  recertify.
  Recertification shall require no more than five hours of course work  by
  training, workbook, or examination as required by the commissioner.
5.  No  certification  shall be valid unless the certified person also
  holds  a  valid  identification  card  issued   by   the   commissioner.
  Certification identification cards shall be valid for three years.
6. Certified aquatic antifouling paint applicators shall maintain such
  records  and  shall  furnish  such reports concerning the application of
  aquatic antifouling  paints  as  the  commissioner  shall  require.  All
  records  required  to  be kept under this section shall be available for
  inspection by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints › 33-0923 - Denial or Revocation of Certification or Registration.

§ 33-0923. Denial or revocation of certification or registration.
The  commissioner,  after  due notice and opportunity of hearing to an
  applicant, certified applicator, or  registered  pesticide  business  or
  agency,  may deny an application or revoke a certificate or registration
  pursuant to section 33-0909 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints › 33-0924 - Certification and Registration Fees.

§ 33-0924. Certification and registration fees.
All  fees  established  by  the  commissioner  for  certification  and
  registration  pursuant  to  this  title  shall  be  the  same  as  those
  established by section 33-0911 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 9-A - Special Permits and Certification for Commerical Application of Aquatic Antifouling Paints › 33-0925 - Sanctions.

§ 33-0925. Sanctions.
Notwithstanding  any  other provision of law or regulation pursuant to
  this title and/or any provision of this article as  it  relates  to  the
  application  of  aquatic antifouling paints, any person who violates any
  provision of  this  title  or  any  rule,  regulation  or  order  issued
  thereunder  shall  be  liable  to  the  people of this state for a civil
  penalty of up to one thousand  dollars  for  a  first  violation  to  be
  assessed by the commissioner after a hearing or opportunity to be heard.
  In  determining  the  amount of the penalty, the commissioner shall take
  into account whether the violation posed  an  immediate  threat  to  the
  environment  or  the  health  and  safety  of the public. Any subsequent
  violation of this title and/or any  provision  of  this  article  as  it
  relates  to  the  application  of  aquatic  antifouling  paints would be
  subject to the appropriate sanctions pursuant to  sections  71-2907  and
  71-2911 of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 10 - Special Requirements for Commercial and Residential Lawn Applications › 33-1001 - Requirements and Restrictions.

§ 33-1001. Requirements and restrictions.
1. Prior to any commercial lawn application the applicator shall enter
  into  a  written  contract  with the owner of the property or his or her
  agent specifying the approximate date or dates of application, number of
  applications, and total cost for the service to be provided.
2. Prior to any  commercial  lawn  application  the  applicator  shall
  supply the property owner or his or her agent with a copy of:
a.  a  list  of  substances  to  be  applied including brand names and
  generic names of active ingredients;
b. any warnings that appear on the label of pesticides to  be  applied
  that  are  pertinent  to  the  protection  of  humans,  animals  or  the
  environment; and
c. the company name, address, telephone number, business  registration
  number and applicator certification identification card number.
Such  information  shall  be  supplied in either a written, digital or
  electronic format which shall be determined by the owner or his  or  her
  agent provided however that the applicator must also have a written copy
  of such information in his or her possession.
3.  In  the  event  that  application  on  the date or dates specified
  becomes infeasible, the person who is to provide such application  shall
  give  the  owner  or  his  agent  oral or written notice of the proposed
  alternate date or dates, and shall receive acceptance of such  alternate
  date or dates from the owner or his agent prior to initiating commercial
  lawn application.
4.  Persons  providing  commercial  lawn  applications  shall maintain
  copies of all contracts required pursuant to  subdivision  one  of  this
  section.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 10 - Special Requirements for Commercial and Residential Lawn Applications › 33-1003 - Visual Notification.

§ 33-1003. Visual notification.
1.  All  persons  providing  commercial  lawn  application shall affix
  markers to be placed within or along the perimeter  of  the  area  where
  pesticides will be applied. Markers are to be placed so as to be clearly
  visible  to  persons immediately outside the perimeter of such property.
  Such markers shall be posted at least twelve inches above the ground and
  shall be at least four inches by five inches in size.
2. The markers required pursuant to this section shall be in place  on
  the  day  during which the pesticide is being applied and shall instruct
  persons not to enter the property and not to  remove  the  signs  for  a
  period  of at least twenty-four hours. Such instruction shall be printed
  boldly in letters at least three-eighths of an inch in height.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 10 - Special Requirements for Commercial and Residential Lawn Applications › 33-1005 - Rules and Regulations.

* § 33-1005. Rules and regulations.
The  commissioner  shall  have  the  power to promulgate the rules and
  regulations necessary and appropriate to carry out the purposes of  this
  title.
* NB There are 2 § 33-1005's
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 11 - Protection of Grape Growing Areas › 33-1101 - Petition for Protection of a Grape Growing Area.

§ 33-1101. Petition for protection of a grape growing area.
1.  The  requirements for a petition for protection of a grape growing
  area are as follows:
a. The petition must be in a form prescribed by the commissioner;
b. The petition must be signed by ten or more  grape  growers  in  the
  same or contiguous towns in the state;
c.   The   petition   must   allege   that   the  use  of  2,4-D  (2,4
  Dichlorophenoxyacetic acid), 2,4-5-T  (Trichlorophenoxyacetic  acid)  or
  MCP  (2  Methyl,  4  Chlorophenoxyacetic  acid)  in  proximity  to grape
  vineyards or crops of  grapes  described  in  the  petition  has  proved
  harmful  to  the  development  of  grapevines  or  the grape crop in the
  affected area in the same or any prior year; and
d. The petition must request that the use of such chemical  substances
  be prohibited or restricted within the affected area.
2.  In  counting  the required number of petitioners, joint tenants or
  tenants by the entireties shall be counted as one signer.
3. The commissioner shall  ascertain  whether  at  least  ten  of  the
  signers  of the petition are grape growers and owners of grape vineyards
  within the affected area.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 11 - Protection of Grape Growing Areas › 33-1103 - Public Hearing.

§ 33-1103. Public hearing.
1. If the commissioner determines that the petition is properly filed,
  he shall hold a public hearing.
2.  The  commissioner shall give at least ten days' notice of the time
  and place at which the hearing will be held, as follows:
a. By posting in at least five of the most public  places  within  the
  affected area; and
b.  By  notice  by  mail  to  each  of  the  petitioners  and  to each
  manufacturer, supplier and dealer  furnishing  the  chemical  substances
  complained  of  within  the  affected  area,  so  far as is known to the
  commissioner, after diligent inquiry.
3. Proof of notice shall be evidenced by affidavit of the commissioner
  appended to the  minutes  of  the  hearing  at  which  the  petition  is
  considered.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 11 - Protection of Grape Growing Areas › 33-1105 - Orders.

§ 33-1105. Orders.
1. If the commissioner finds, from testimony adduced, that:
a.  There  has  been actual damage to grapevines or grape crops within
  the affected area; and
b. Such damage was  caused  by  the  use  of  the  chemical  substance
  complained of in the petition, and by that cause alone; and
c. Such use was upon lands within the affected area or in proximity to
  the affected area, or upon the damaged crop itself; and
d.  The  commercial  production  of  grapes  within  the affected area
  constitutes a major source of agricultural income  within  the  affected
  area;   then  the  commissioner  may  issue  his  order  prohibiting  or
  restricting the use of 2,4-D (2,4-D Dichlorophenoxyacetic acid), 2,4-5-T
  (Trichlorophenoxyacetic acid) or MCP (2  Methyl,  4  Chlorophenoxyacetic
  acid)  within  or in proximity to the affected area for a period of time
  to be specified in the order.  The  affected  area  may  be  altered  by
  description  in the order of the commissioner, if the commissioner finds
  that such alteration should be made to effectuate the  purposes  of  the
  petition.     All     restrictions     upon    the    use    of    2,4-D
  (2,4-Dichlorophenoxyacetic acid), 2,4-5-T (Trichlorophenoxyacetic  acid)
  or  MCP (2 Methyl, 4 Chlorophenoxyacetic acid) within or in proximity to
  the affected area shall be set forth in the order with particularity.
2. The order shall  continue  in  effect  from  year  to  year  unless
  modified or rescinded by the commissioner. Not later than February 15 of
  each   year,  the  commissioner  shall  give  notice  of  the  order  by
  publication in a newspaper of general circulation in the area  affected.
  The  notice  shall  state the terms of the order in general language and
  that the order will continue in effect for the period of time  specified
  in  the  order,  unless a petition for modification or rescission of the
  order, signed by ten or more grape growers or fifty or more persons  not
  grape  growers in the affected area is filed with the commissioner on or
  before March 1 of such year.
3. If a request  for  modification  or  rescission  is  received,  the
  commissioner  shall  hold  a  hearing after giving notice as provided in
  section 33-1103. After the hearing, the  commissioner  shall  make  such
  findings  as the evidence adduced justifies and may continue, modify, or
  rescind the order. If the commissioner modifies or rescinds  the  order,
  he  shall give notice of his action as provided in subdivision 4 of this
  section.
4. All orders shall be effected upon posting the same  prominently  in
  at  least five of the most public places within the affected area.  They
  shall also be published in a newspaper having general circulation in the
  areas affected but such publication shall not be a  condition  precedent
  to their effectiveness.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 12 - Pesticide Sales and Use Data Base and Recordkeeping and Reporting › 33-1201 - Pesticide Sales and Use Computer Data Base.

§ 33-1201. Pesticide sales and use computer data base.
1.  a. The department shall develop a pesticide sales and use computer
  data base. The data base shall be maintained at the department.
b. Such data base shall  consist  of  all  information  compiled  from
  reports  submitted  to  the  department pursuant to sections 33-1205 and
  33-1207 of this title. Such reports shall be entered into and maintained
  on a computerized data base and shall be updated  annually.  Information
  obtained  for  and  contained  in  the  data base shall be accessible by
  interested  parties  only  to  the  extent  permitted  pursuant  to  the
  provisions  of  subdivision  two  of  this  section  and  paragraph a of
  subdivision 1 of section 33-1203 of this title.
2.  The  commissioner  shall  prepare  an  annual  report  summarizing
  pesticide sales, quantity of pesticides used, category of applicator and
  region  of application. Pesticide data shall be compiled and reported by
  both EPA registration number and by active ingredient. The  commissioner
  shall  not  provide  the  name,  address, or any other information which
  would otherwise identify a commercial  or  private  applicator,  or  any
  person  who  sells  or  offers  for  sale  restricted use or general use
  pesticides to a private applicator,  or  any  person  who  received  the
  services  of  a commercial applicator. In accordance with article six of
  the public officers law, proprietary information contained  within  such
  record, including price charged per product, shall not be disclosed. The
  report  shall be posted on the department's website annually by December
  thirty-first and be submitted to the governor, the  temporary  president
  of the senate and the speaker of the assembly.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 12 - Pesticide Sales and Use Data Base and Recordkeeping and Reporting › 33-1203 - Access to Pesticide Information.

§ 33-1203. Access to pesticide information.
1.  a.  The  commissioner shall, upon written request of an interested
  party, in printed or electronic form, as requested by such party provide
  the information on pesticides submitted to the  department  pursuant  to
  sections  33-1205  and  33-1207 of this title. Such information shall be
  provided by county or counties, or  five-digit  zip  code  or  codes  as
  selected  by  the interested party making the written request. Pesticide
  data shall be provided by EPA  registration  number,  product  name  and
  active ingredient. The commissioner shall not provide the name, address,
  or  any other information which would otherwise identify a commercial or
  private  applicator,  or  any  person  who  sells  or  offers  for  sale
  restricted use or general use pesticides to a private applicator, or any
  person  who  received  the  services  of  a  commercial  applicator.  In
  accordance with article six of  the  public  officers  law,  proprietary
  information  contained  within  such record, including price charged per
  product, shall not be disclosed. The provisions of this paragraph  shall
  not  apply  to  the  provision  of pesticide data to the commissioner of
  health, the health research science board and  researchers  pursuant  to
  title one-B of article twenty-four of the public health law.
b.  The  department shall, upon request from the department of health,
  compile pesticide application information by  nine-digit  zip  code  and
  provide  the  information  to the commissioner of health for researchers
  entitled to receive information pursuant to paragraph (d) of subdivision
  one of section twenty-four hundred  eleven  of  the  public  health  law
  provided,  however, if the nine-digit zip code cannot be determined, the
  information shall be compiled by town or city.
2. The fees for copies of information  shall  not  exceed  twenty-five
  cents  per photocopy not in excess of nine inches by fourteen inches, or
  the actual cost of reproducing any information.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 12 - Pesticide Sales and Use Data Base and Recordkeeping and Reporting › 33-1207 - Recordkeeping and Reporting by Importers and Manufacturers.

§ 33-1207. Recordkeeping and reporting by importers and manufacturers.
1.  Each  person  manufacturing or compounding a registered restricted
  use pesticide in this  state,  or  importing  or  causing  a  registered
  restricted  use  pesticide  to  be  imported  into  this  state for use,
  distribution, or storage, shall maintain records of all sales within the
  state during the preceding year of each restricted use pesticide product
  which he or she has imported, manufactured or compounded. The record  of
  each restricted use pesticide product shall include:
a. EPA registration number;
b. container size; and
c. number of containers sold to New York purchasers.
2.  Such  records  shall  be  maintained for a period of not less than
  three years. All manufacturers and importers shall file an annual report
  containing such information with the department in an electronic  format
  developed  or  accepted  by  the  department consistent with system file
  specifications on or before February first for the prior calendar year.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 13 - Unlawful Acts › 33-1303 - Registration Not a Defense.

§ 33-1303. Registration not a defense.
In  no  event  shall  registration  of  a pesticide, be construed as a
  defense for the commission of any offense prohibited under  subdivisions
  1 through 7 of section 33-1301.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 15 - Seizure › 33-1501 - Pesticides Which May Be Seized.

§ 33-1501. Pesticides which may be seized.
1.  Any  pesticide that is distributed, sold, offered for sale or used
  within this state or delivered  for  transportation  or  transported  in
  intrastate  commerce  or  between  points  within this state through any
  point outside this state may be seized for confiscation or be  made  the
  subject of a stop-use order:
a.  If  it  is  adulterated  or  misbranded,  or  if  it  has not been
  registered as required under this article;
b. If it fails to bear on its label the information required  by  this
  article;
c.  If  it  is a white powder pesticide and is not colored as required
  under this article;
d. If a permit required by this article has not been issued in respect
  to such pesticide; or
e. If there is probable cause to believe a pesticide is being used  in
  violation  of  any  provision  of  this  article, title three of article
  fifteen of this chapter or rules or regulations promulgated pursuant  to
  any such provision.
2.  Whenever  the  commissioner  or his duly authorized representative
  shall find distributed, sold, exposed or offered for  sale  within  this
  state  any  pesticide  which  is adulterated or misbranded as defined in
  this article, or which fails  to  bear  on  its  label  the  information
  required  by  this  article,  or  which  is not colored or registered as
  required under this article, or for which a permit has not  been  issued
  for its sale, offer for sale, purchase, possession or use as required by
  this article, he may seize or destroy such pesticide.
3.  Whenever the commissioner finds, or has probable cause to believe,
  that a pesticide is being used in violation of  any  provision  of  this
  article,  title  three  of article fifteen of this chapter, or rules and
  regulations promulgated pursuant thereto, the commissioner may  issue  a
  stop-use  order requiring the user of the pesticide immediately to cease
  using such pesticide and immediately to remove  such  pesticide  to  the
  specified  location.  Within  thirty  days of the issuance of a stop-use
  order, the commissioner shall  either  rescind  the  stop-use  order  or
  commence a proceeding to seize and destroy such pesticides.
2023 New York Laws › ENV - Environmental Conservation › Article 33 - Pesticides › Title 15 - Seizure › 33-1503 - Procedure Following Seizure.

§ 33-1503. Procedure following seizure.
1.  Whenever the commissioner finds, or has probable cause to believe,
  that any pesticide is adulterated or misbranded or  improperly  labeled,
  or  is  not  colored  within  the  meaning  of  this  article, or is not
  registered as required under this article, or for which a permit has not
  been issued for its sale, offer for sale, purchase, possession or use as
  required by this article, he may affix to such pesticide a tag or  other
  appropriate marking giving notice that such pesticide is or is suspected
  of  being  adulterated  or  misbranded,  or  improperly  labeled, or not
  colored, or not registered as required under this article, or for  which
  a  permit  has  not  been issued for its sale, offer for sale, purchase,
  possession or use as required by this article, and has been quarantined,
  and warning all persons not to remove or dispose of such  pesticide,  by
  sale  or otherwise, until permission for removal or disposal is given by
  the commissioner or his duly authorized representative.
2.  Before  destruction  of  any  pesticide   following   seizure   or
  quarantine,  the  commissioner  shall  give  the  owner,  proprietor  or
  custodian of such pesticide ten days' notice in writing,  to  be  served
  either personally or by mail, of a hearing for the owner, proprietor, or
  custodian,  to  show cause why such pesticide should not be destroyed or
  otherwise disposed of in accordance with the provisions of law.
3. Following such hearing, the commissioner shall render a decision in
  writing and filed with the department,  and  a  copy  thereof  shall  be
  served  either  personally  or  by  mail  on  the  owner, proprietor, or
  custodian of such pesticide, but formal findings of fact  shall  not  be
  required  to  be  made or filed. The decision shall be subject to review
  under article 78 of the Civil Practice Law and Rules  instituted  within
  thirty  days after receipt by the owner, proprietor or custodian of such
  pesticide of a copy of the commissioner's decision.
4. Whenever any pesticide is seized or quarantined as provided in this
  section, the destruction and  disposition  thereof,  together  with  any
  necessary  storage,  handling  or  other incidentals between the time of
  seizure or quarantine and the destruction and disposition thereof, shall
  be the responsibility, both financially and  otherwise,  of  the  owner,
  proprietor  or custodian of such pesticide; provided, however, that such
  destruction  and  disposition  shall  be  carried  out  only  under  the
  direction  and  immediate  supervision  of  the commissioner or his duly
  authorized representative.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0101 - Statement of Findings.

§ 34-0101. Statement of findings.
1.  Certain  sections  of  the  coastline of the state of New York are
  prone to erosion from action of the adjacent water bodies. Such  erosion
  may  be caused by the action of waves, currents running along the shore,
  tides, wind-driven water and ice as well as  human  activities  such  as
  construction  and  shipping. Such areas are also prone to erosion caused
  by the wind, runoff of rain water along the  surface  of  the  land,  or
  groundwater seepage as well as by human activities such as construction,
  navigation and certain forms of recreation.
2.  Coastal  erosion causes extensive damage to publicly and privately
  owned property and to natural resources as  well  as  endangering  human
  lives.  When  this  occurs,  individuals  and  private businesses suffer
  significant  economic  losses,  as  does  the  state's  economy,  either
  directly  through property damage or indirectly through loss of economic
  return. Large public expenditures  may  also  be  necessitated  for  the
  removal  of  debris  and damaged structures and replacement of essential
  public facilities and services.
3. Man often  contributes  to  erosion-related  problems  by  building
  without considering the potential for damage to property, by undertaking
  activities  which  destroy  natural protective features such as dunes or
  vegetation and by building structures intended  for  erosion  prevention
  which  may exacerbate erosion conditions on adjacent or nearby property,
  and by water action produced by wakes from boats.
4. Programs  to  build  erosion  protective  structures,  either  with
  private or public funds, are costly, often only partially effective over
  time,  and  may even be harmful to adjacent or nearby properties, and in
  some sections of the state major erosion protective structures of  great
  length  would  be  required  to effectively reduce future damages due to
  erosion.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0102 - Declaration of Policy.

§ 34-0102. Declaration of policy.
It is declared to be the public policy of the state of New York that:
1.  Those areas of the state's coastline most prone to erosion hazards
  should be identified.
2. Any activities, development or other actions in such erosion hazard
  areas should be undertaken in such  manner  as  to  minimize  damage  to
  property,  and  to  prevent  the  exacerbation  of erosion hazards. Such
  actions may be restricted or prohibited if necessary to protect  natural
  protective features or to prevent or reduce erosion impacts.
3.  Local governments should be encouraged to use all authorities that
  can be applied within the identified erosion  hazard  areas  to  achieve
  these objectives.
4.  Public  actions,  such  as  the  provision of additional municipal
  services, which are likely to  encourage  new  permanent  activities  or
  development  within coastal erosion hazard areas should not occur unless
  such hazard areas have been protected by erosion  protection  structures
  or  non-structural measures which are most likely to prevent damage from
  effects  of  erosion  during  the  anticipated  life  of  the   proposed
  activities or development.
5.  Publicly-financed  structures to minimize erosion damage should be
  utilized only where necessary to protect human life, existing investment
  in development or new development which requires a location  within  the
  erosion  hazard  area or adjacent coastal waters to be able to function.
  Both publicly  and  privately  financed  erosion  protective  structures
  should  be  designed to minimize damage to other man-made property or to
  natural protective features or to other  natural  resources;  long  term
  costs  of  such  structures  should  be carefully weighed against public
  benefits before construction is undertaken.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0109 - Administration; Applications for Permits.

§ 34-0109. Administration; applications for permits.
1.   Applicability.  (a)  Where  the  commissioner  has,  pursuant  to
subdivision one of section 34-0107 of this article,  issued  regulations
which  apply  the  minimum  standards  promulgated  pursuant  to section
34-0108 of this article to activities or development within any  erosion
hazard area, any person proposing to undertake activities or development
subject  to  such  regulations shall obtain a permit as provided in this
section.
(b) A proposed activity or development in an erosion hazard area shall
be deemed an action that is likely to  require  the  preparation  of  an
environmental impact statement pursuant to subparagraph (i) of paragraph
(c) of subdivision two of section 8-0113 of this chapter.
2.  Applications for permits. (a) An application for a permit shall be
submitted in such form and manner as the commissioner may prescribe, and
shall contain a detailed description of the proposed  development  which
is  sufficient  to  enable  the  commissioner  to  make the findings and
determinations required by this section.
(b) Review by the commissioner of applications for permits pursuant to
this section shall be governed by the provisions of article  seventy  of
this chapter.
3.  Decision.  (a) No permit shall be granted pursuant to this section
unless the commissioner shall find that the proposed  activity  complies
with  the  minimum  standards promulgated pursuant to section 34-0108 of
this article as such standards  are  applied  to  the  affected  erosion
hazard  area  by  the regulations issued by the commissioner pursuant to
section 34-0107 of this article.
(b) In granting a permit, the commissioner may limit  such  permit  or
impose  reasonable  conditions  or limitations designed to carry out the
public policy set forth  in  this  article.  Upon  a  finding  that  the
applicant  has  a record of non-compliance with the terms and conditions
of permits, the commissioner  may  require  a  bond  or  other  form  of
financial security in amount and with surety and conditions satisfactory
to  him  to secure compliance with the terms, conditions and limitations
set forth in the permit. The commissioner may suspend or revoke a permit
if he finds that the applicant has not complied with any of  the  terms,
conditions or limitations set forth in the permit.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0110 - Provision of Technical Assistance.

§ 34-0110. Provision of technical assistance.
The commissioner shall encourage and assist affected local governments
  in  the preparation and implementation of erosion hazard area ordinances
  and local laws. When an erosion hazard area has been identified pursuant
  to section 34-0104 of this article, the commissioner  shall  provide  to
  the  affected  local  governments  whatever  technical assistance may be
  necessary to enable such local governments to prepare and adopt  erosion
  hazard area ordinances or local laws meeting the requirements of section
  34-0105  of this article or section 34-0106 of this article, as the case
  may be. Such efforts shall include, as may  be  necessary,  maps,  model
  erosion hazard area regulations, and other information.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0111 - Severability.

§ 34-0111. Severability.
The  provisions of this article shall be severable, and if any clause,
  sentence, paragraph, subdivision  or  part  of  this  article  shall  be
  adjudged  invalid  by  a  court of competent jurisdiction, such order or
  judgment shall be confined in its operation to the controversy in  which
  it was rendered, and shall not affect or invalidate the remainder of any
  provision  of  any section or the application of any part thereof to any
  other person or circumstance.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0112 - Judicial Review.

§ 34-0112. Judicial review.
Any  person  aggrieved  by an act, order, determination or decision of
  the commissioner made pursuant to this article may seek judicial  review
  pursuant to article seventy-eight of the civil practice law and rules in
  the  supreme  court  for  the  county  in  which the erosion hazard area
  affected is located.
2023 New York Laws › ENV - Environmental Conservation › Article 34 - Coastal Erosion Hazard Areas › 34-0113 - Applicability.

§ 34-0113. Applicability.
The  provisions  of  this article shall not apply to any activities or
  development for which final approval shall have been obtained  from  the
  local  government  or  other  authorities  having jurisdiction over such
  activities or development, if such final approval was obtained prior  to
  the  date  of  approval  of  erosion  hazard  area  regulations  by  the
  commissioner pursuant to section 34-0105 or 34-0106 of this article,  or
  promulgation  of  such  regulations  pursuant to section 34-0107 of this
  article. As used in this section, the term "final approval" shall mean:
1. in the case of subdivision  of  land,  conditional  or  preliminary
  approval of such plat pursuant to section two hundred seventy-six of the
  town  law, section 7-728 of the village law or section thirty-two of the
  general city law; provided, however, that final plat approval is granted
  within six months of preliminary plat approval.
2. in the case of a site plan not involving the subdivision  of  land,
  approval by the appropriate body or office of a city, town or village of
  the site plan.
3.  in  those  cases  not  covered  by  subdivision one or two of this
  section, the issuance of a building permit or  other  authorization  for
  the  commencement of the activities or development for which such permit
  or authorization was issued or in those local governments which  do  not
  require  such  permits or authorizations, the actual commencement of the
  activities or development.
2023 New York Laws › ENV - Environmental Conservation › Article 35 - Detergents and Other Household Cleansing Products › 35-0101 - Scope of Article.

§ 35-0101. Scope of article.
By  the  enactment  of  this  article  the  state  fully exercises the
  exclusive right to regulate and control the labelling and ingredients of
  household cleansing products distributed, sold, offered, or exposed  for
  sale  in  this  state, within the scope and limitations of this article.
  The terms "regulation"  and  "control"  include  prohibitions  or  other
  restrictions on the distribution, sale, offering or exposing for sale of
  such  products  in  this state. In order to assure statewide uniformity,
  such regulation and control by any political subdivision of the state of
  such products is prohibited after June 25, 1971 provided, however,  that
  any  such  regulation  and  control  in  effect on June 1, 1971 shall be
  unaffected by this section.
2023 New York Laws › ENV - Environmental Conservation › Article 35 - Detergents and Other Household Cleansing Products › 35-0103 - Definitions.

§ 35-0103. Definitions.
The  following  terms,  whenever  used or referred to in this article,
  shall have the following meaning  unless  a  different  meaning  clearly
  appears from the context:
1.  "Household cleansing product" means any product, including but not
  limited to soaps and detergents, containing a surfactant as a wetting or
  dirt emulsifying agent and used primarily  for  domestic  or  commercial
  cleaning  purposes,  including  but  not  limited  to,  the cleansing of
  fabrics, dishes, food utensils and household  and  commercial  premises.
  Household  cleansing  product  shall  not  mean foods, drugs, cosmetics,
  insecticides, fungicides and rodenticides  or  cleansing  products  used
  primarily   in   industrial  manufacturing,  production  and  assembling
  processes as provided by the commissioner by rule and regulation.
2. "Person" means any individual, partnership, firm or corporation.
3. "Phosphorus" means elemental phosphorus.
4. "Commercial establishment" means any premises used for the  purpose
  of  carrying on or exercising any trade, business, profession, vocation,
  or commercial or charitable  activity,  including  but  not  limited  to
  laundries, hospitals, and food or restaurant establishments.
2023 New York Laws › ENV - Environmental Conservation › Article 35 - Detergents and Other Household Cleansing Products › 35-0107 - Powers and Duties of Commissioner.

§ 35-0107. Powers and duties of commissioner.
1.  The  commissioner  is  hereby authorized to promulgate regulations
  requiring manufacturers of  household  cleansing  products  distributed,
  sold  or  offered for sale in this state, to furnish to the commissioner
  for the public record as  herein  provided  information  regarding  such
  products  in  a form prescribed by the commissioner including the nature
  and extent of investigations and research performed by the  manufacturer
  concerning  the  effects  of  such  products  on  human  health  and the
  environment. These reports shall be  available  to  the  public  at  the
  department  of  environmental  conservation,  except  those portions the
  manufacturer determines, subject to the approval  of  the  commissioner,
  would  be,  if  disclosed,  seriously  prejudicial to the manufacturer's
  legitimate interest in trade secrets and economics of operation.
2. No later than February 1, 1973 the commissioner shall  prepare  and
  submit  a  comprehensive  report  to the governor and legislature on the
  status of progress made in research and development to  provide  a  safe
  and effective substitute for phosphates in household cleansing products.
3.  Whenever  the  commissioner  finds,  after investigation, that any
  ingredient of household cleansing products distributed, sold, offered or
  exposed for sale in this state,  other  than  an  ingredient  for  which
  limitations  are  set forth in subdivision 2 of section 35-0105, will or
  is  likely  to  materially  affect  adversely  human   health   or   the
  environment,  he  may,  after  public  hearing,  restrict  or  limit  by
  regulation the use of such ingredient in such products.
2023 New York Laws › ENV - Environmental Conservation › Article 35 - Detergents and Other Household Cleansing Products › 35-0109 - Notice of Public Hearing Held Pursuant to This Article; Hearing Procedure.

§ 35-0109. Notice  of  public  hearing  held  pursuant  to this article;
hearing procedure.
1. Notice of public hearing shall be by publication in two  newspapers
  most  likely to give notice to the people of this state of such hearings
  at least once in each of three successive weeks, provided, however, that
  notice  of  public  hearing  shall  be  given  to  the  manufacturer  or
  manufacturers  of such household cleansing products in writing, whenever
  practicable or in such other form as in the commissioner's judgment will
  reasonably notify such manufacturer of said hearing. Such hearing  shall
  not  be  conducted  less  than  sixty  days  following the date of first
  publication of notice of such hearing.
2.  The  commissioner  may   adopt   other   appropriate   regulations
  prescribing the procedures to be followed at such hearings.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0101 - Declaration of Findings.

§ 36-0101. Declaration of findings.
The legislature finds and declares that:
1.  It  is  in the interest of the people of this state to provide for
  participation in the national flood insurance program as enacted by  the
  congress of the United States;
2.  The  essence  of  the  national  flood  insurance  program  is the
  regulation of land uses within areas identified by the director  of  the
  federal  emergency  management  agency as areas of special flood hazard.
  Land use regulation is principally a matter of local concern; therefore,
  local  governments  have  the  principal  responsibility  for   enacting
  appropriate  land  use  regulations that will meet federal standards and
  permit the sale of flood insurance in such communities;
3. Providing for the availability of flood insurance for all residents
  of the state is the policy of the state; all local governments with land
  use jurisdiction over any area of special flood hazard must comply  with
  all  national flood insurance program requirements so that the residents
  of such local communities may purchase flood insurance; and
4. All publicly owned facilities within any identified area of special
  flood hazard must be in compliance with  the  national  flood  insurance
  program requirements.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0103 - Definitions.

§ 36-0103. Definitions.
1.  "Area  of  special  flood  hazard" means any area subject to a one
  percent or greater chance of flooding in any given year as determined by
  the federal emergency management agency.
2. "Local government with land use jurisdiction" means a city; a  town
  as  to all areas within such town outside the limits of any village; and
  a village.
3. "National flood insurance  program"  means  that  act  of  congress
  codified  as chapter fifty of title forty-two of the United States code,
  all acts amendatory thereof and all regulations promulgated thereunder.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0105 - Local Responsibility.

§ 36-0105. Local responsibility.
1.  Every local government with land use jurisdiction over any area of
  special flood hazard that was, prior  to  the  effective  date  of  this
  article,  a  participant  in  the national flood insurance program shall
  continue to maintain such participation in the national flood  insurance
  program.
2.  Every local government with land use jurisdiction over any area of
  special flood hazard that was not, prior to the effective date  of  this
  article,  directly participating in the national flood insurance program
  but was  relying  on  state  administration  of  the  minimum  land  use
  regulations  necessary  to  meet  the requirements of the national flood
  insurance program, must apply for  and  complete  all  requirements  for
  participation in the national flood insurance program.
3.  Any  local  government  that,  after  the  effective  date of this
  article, is notified by the federal emergency management agency  of  the
  existence  of  an area of special flood hazard within the bounds of such
  local government shall promptly, within the time frames required by  the
  national   flood   insurance   program,   apply  for  and  complete  all
  requirements for participation in the national flood insurance program.
4. Any local government that, prior to  the  effective  date  of  this
  article,  was notified by the federal emergency management agency of the
  existence within its bounds of an area of special flood hazard and  that
  has  not  qualified  as  of  the  effective  date  of  this  article for
  participation in the national flood insurance program shall, within  the
  time  frames required by the national flood insurance program, apply for
  and complete all requirements for participation in  the  national  flood
  insurance program.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0107 - Powers of Local Governments.

§ 36-0107. Powers of local governments.
Notwithstanding any other law:
1.  All  local governments with land use jurisdiction over any area of
  special flood hazard shall, and  are  authorized  to,  take  any  action
  necessary  to  achieve  and maintain participation in the national flood
  insurance program.
2. Any local law or ordinance adopted for the purpose of qualifying  a
  local  government  as  a  participant  in  the  national flood insurance
  program shall apply to any construction or improvement undertaken within
  any such local government by any county,  city,  town,  village,  school
  district or public improvement district.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0109 - Sanctions.

§ 36-0109. Sanctions.
Any  local government with land use jurisdiction that fails to qualify
  for participation in the national flood insurance program, or  that  has
  had  its  participation  terminated  by the federal emergency management
  agency, faces sanctions under federal law including, in areas of special
  flood hazard, ineligibility for flood disaster  aid,  ineligibility  for
  federally  provided  loans  or federally guaranteed financing, including
  residential and other mortgages granted by any banking institution  that
  is  a  member  of  the  federal  deposit  insurance corporation or other
  federal instrumentality. The state of New York will cooperate  with  the
  federal government in the enforcement of these sanctions.
2023 New York Laws › ENV - Environmental Conservation › Article 36 - Participation in Flood Insurance Programs › 36-0111 - Flood Hazard Evaluation of State Facilities, Lands and Programs.

§ 36-0111. Flood  hazard  evaluation  of  state  facilities,  lands  and
programs.
1. State agencies shall take  affirmative  action  to  minimize  flood
  hazards  and  losses  in  connection with state-owned and state-financed
  buildings, roads and other facilities, the disposition of state land and
  properties, the administration  of  state  and  state-assisted  planning
  programs,  and  the  preparation  and  administration of state building,
  sanitary and other pertinent codes. Such action shall include,  but  not
  be  limited  to,  requirements for the evaluation and reduction of flood
  hazards in the siting, planning, construction and  maintenance  of  such
  facilities   and   the  administration  of  such  programs;  needed  and
  economically feasible flood-proofing and other  protective  measures  of
  existing  state  facilities;  and  appropriate flood hazard restrictions
  binding  upon  purchasers  and  persons  acquiring   state   lands   and
  properties, or interests therein, and their successors.
2.  The  commissioner  shall  assist state agencies in determining and
  evaluating flood hazards and alternative protective measures, and  shall
  promulgate regulations, in consultation with the director of the budget,
  to  govern  the review by the commissioner of potential flood hazards at
  proposed construction sites of  state,  and  state-financed  facilities.
  Such   regulations   shall  ensure  that  reviews  thereunder  shall  be
  coordinated with those of appropriate environmental  impact  statements,
  project  notification and review systems, and state capital construction
  funding requests.
3. The department, pursuant to designation by the governor, shall  act
  as  the  state  coordinating  agency  for  the  national flood insurance
  program in order to assist in its review of state agency activities  and
  to serve as a resource for local governments.