reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 47 - County and Regional Environmental Management Councils › 47-0117 - Annual Report.

§ 47-0117. Annual report.
The commissioner shall submit an annual report to the governor and the
  legislature  describing  the  operation  of the local assistance program
  established  by  this  article.  The  annual  report  shall  include   a
  description   of  activities  conducted  by  each  county  and  regional
  environmental management council and the  activities  conducted  by  the
  department  in performing said activities pursuant to section 47-0115 of
  this article.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0101 - Declaration of Policy.

§ 48-0101. Declaration of policy.
1.  It  is  hereby  declared  to  be the policy of this state that all
  people, regardless of race, color, religion, national origin or  income,
  have  a  right  to  fair  treatment  and  meaningful  involvement in the
  development, implementation and enforcement  of  laws,  regulations  and
  policies that affect the quality of the environment.
2.  It  shall  further  be  the  policy  of the state that no group of
  people, including a racial, ethnic or  socioeconomic  group,  should  be
  disproportionately exposed to pollution or bear a disproportionate share
  of  the  negative  environmental consequences resulting from industrial,
  municipal or commercial operations, or the execution of  federal,  state
  or local programs and policies.
3.  It  shall  further  be  the  policy  of the state that no group of
  people, including a racial, ethnic or socioeconomic group, should suffer
  from inequitable allocation of public resources or financial  assistance
  for  environmental  protection  and stewardship, including environmental
  remediation, pollution prevention, open space acquisition  and/or  other
  protection and stewardship activities.
4.  It shall further be the policy of the state that opportunities for
  citizen involvement in the development of laws, regulations and policies
  that affect the quality of the  environment  be  as  reflective  of  the
  diversity  of  interests  and  perspective  found  within  the  affected
  community  as  possible,  including  those   of   racial,   ethnic   and
  socioeconomic  groups;  that  such opportunities be provided as early as
  possible in the decision making process; that such opportunities provide
  full, timely and accessible disclosure of public records and sharing  of
  information by the government agency or agencies involved, including the
  provision  of technical data and the assumptions upon which any analyses
  are based; and that such opportunities allow all people,  regardless  of
  race,  color,  religion,  national  origin or income, the opportunity to
  have their views  heard  and  considered,  including  opportunities  for
  two-way dialogue.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0103 - Definitions.

§ 48-0103. Definitions.
As used in this article:
1. "Advisory group" means the permanent environmental justice advisory
  group established by section 48-0105 of this article.
2.  "Agency"  means  any  state  department,  agency,  board,  bureau,
  commission, division, office, council, or any public authority or public
  benefit corporation.
3. "Environmental justice" means the  fair  treatment  and  meaningful
  involvement  of all people regardless of race, color, religion, national
  origin or income with respect to  the  development,  implementation  and
  enforcement  of  laws, regulations and policies affecting the quality of
  the environment.
4. "Fair treatment" means that no group of people, including a racial,
  ethnic or socioeconomic group, should be disproportionately  exposed  to
  pollution or bear a disproportionate share of the negative environmental
  consequences  resulting  from  execution  of  federal,  state  and local
  programs and policies, and further means that no such  group  of  people
  should  suffer  from  inequitable  allocation  of  public  resources  or
  financial  assistance  for  environmental  protection  and  stewardship,
  including  environmental  remediation,  pollution prevention, open space
  acquisition and other protection and stewardship activities.
5. "Meaningful involvement" means the provision of  opportunities  for
  citizen  participation  in decision making that are as reflective of the
  diversity  of  interests  and  perspective  found  within  the  affected
  community   as   possible,   including   those  of  racial,  ethnic  and
  socioeconomic groups; that are provided as  early  as  possible  in  the
  decision  making  process;  that  provide  full,  timely  and accessible
  disclosure  of  public  records  and  sharing  of  information  by   the
  government  agency  or  agencies  involved,  including  the provision of
  technical data and the assumptions upon which any  analyses  are  based;
  and that allow all people, regardless of race, color, religion, national
  origin  or  income,  the  opportunity  to  have  their  views  heard and
  considered, including opportunities for two-way dialogue.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0105 - Permanent Environmental Justice Advisory Group.

§ 48-0105. Permanent environmental justice advisory group.
1.  The  permanent  environmental  justice  advisory  group  is hereby
established in the department to consist of sixteen members, as follows:
(a)  Five  members  shall  be   representatives   of   community-based
organizations  that advise or assist minority and low-income communities
on environmental matters; and
(b) Four members shall be  representatives  of  businesses  that  hold
state-issued permits or otherwise operate subject to this chapter.
(c)  One  of  the members appointed pursuant to each of paragraphs (a)
and (b)  of  this  subdivision  shall  be  appointed  by  the  temporary
president  of  the  senate, and one of the members appointed pursuant to
each of paragraphs (a) and (b) of this subdivision shall be appointed by
the speaker of the assembly.  One  member  shall  be  appointed  by  the
minority  leader  of the senate and one member shall be appointed by the
minority  leader  of  the  assembly.  The  remaining  members  shall  be
representatives   of   state   or   national   organizations   promoting
environmental conservation, researchers, educators and  members  of  the
general public. The other members appointed pursuant to this subdivision
shall  be appointed by the governor. The replacement of any member shall
be in accordance with the  provisions  contained  in  this  section  for
appointment of members.
2.  (a)  Each  member  of the advisory group shall serve for a term of
four years or  until  his  or  her  successor  is  appointed.  A  member
appointed to fill a vacancy shall serve the remainder of the term of the
member  he  or  she is appointed to succeed. The members of the advisory
group shall receive no compensation for  their  services  but  shall  be
reimbursed  for  their expenses actually and necessarily incurred in the
performance of their duties hereunder.
(b) The advisory group shall select a chair from  among  the  members.
The  advisory  group shall meet as frequently as necessary, but not less
than three times per year. Such meetings shall be held at such locations
as the advisory group may determine. All such meetings shall be  subject
to  the  open  meetings law. At least one meeting annually shall be held
jointly with the environmental justice interagency coordinating  council
established pursuant to section 48-0111 of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0107 - Powers and Duties.

§ 48-0107. Powers and duties.
The advisory group shall have the power and duty to:
1.  adopt a model environmental justice policy applicable generally to
  state agencies that engage in activities or operations that may  have  a
  significant  effect  on  the  environment,  including but not limited to
  through the adoption of rules  and  regulations,  issuance  of  permits,
  acquisition   or  maintenance  of  property,  or  approval,  funding  or
  undertaking of projects. Such policy shall be adopted not later than one
  year after the effective date of this article. The advisory group  shall
  develop  the  model  policy  in  consultation  with  representatives  of
  minority   and   low-income   communities,   regulated   parties,    the
  environmental  justice  interagency coordinating council and other state
  agencies and the public and shall hold a public hearing thereon in  each
  judicial  department. Notice of such hearings and notice of the adoption
  of the model policy shall be published in the state register;
2.  make  recommendations  to  the  governor,  legislature  and  state
  agencies on measures to improve such policies;
3.  provide  comments  on any proposed rule, regulation or policy of a
  state or federal agency related to environmental justice;
4. conduct public hearings with respect to any matter within the scope
  of its functions, powers and duties; and
5. adopt, amend and repeal  by-laws  governing  its  organization  and
  operation.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0109 - Agency Responsibilities.

§ 48-0109. Agency responsibilities.
1.  Each  state  agency  that engages in activities or operations that
have a significant effect on the environment, including but not  limited
to  through  the adoption of rules and regulations, issuance of permits,
acquisition  or  maintenance  of  property,  or  approval,  funding   or
undertaking  of projects, shall be guided in its decision making on such
activities or operations by an environmental justice policy.  Each  such
agency shall adopt rules and regulations setting forth its environmental
justice  policy  not  later than two years after the adoption of a model
environmental  justice  policy  pursuant  to  section  48-0107  of  this
article.
2. Each state agency subject to the requirements of subdivision one of
this section shall:
(a)  appoint  a  staff  member of the agency to serve as environmental
justice coordinator,  to  provide  information  to  the  public  on  the
policies,   activities   and   operations   of  the  agency  related  to
environmental justice and to act as liaison to the environmental justice
advisory group;
(b) notify the advisory group of the appointment of  an  environmental
justice coordinator; and
(c)  develop an environmental justice training plan which includes the
provision of  workshops  and  written  materials  to  appropriate  staff
regarding  environmental  justice  and  implementation  of  the agency's
environmental justice policy.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0111 - Environmental Justice Interagency Coordinating Council.

§ 48-0111. Environmental justice interagency coordinating council.
1.  There  is  hereby established an environmental justice interagency
coordinating council which shall have the power and duty to:
(a) coordinate  the  activities  of  agencies  required  to  adopt  an
environmental justice policy pursuant to section 48-0109 of this article
in development and implementation of such policies; and
(b)  serve  as  a  clearinghouse for state agencies and the public for
information on environmental  justice  policies,  environmental  justice
coordinators in state agencies and related activities of state agencies,
and  maintain  information  services,  including  but  not limited to an
Internet site and a toll-free telephone number, to inform the public  on
environmental justice.
2.  The  environmental  justice coordinating council shall include the
commissioner;  the  commissioner   of   the   department   of   economic
development;  the  commissioner of the department of transportation; the
president of the environmental facilities corporation; the president  of
the  New  York  State  energy  research  and  development authority; the
chairman of the public service commission; the  chairman  of  the  power
authority  of the State of New York; or their designees; and every staff
member chosen by an agency to serve as environmental justice coordinator
pursuant to section 48-0109 of this article. The council  shall  consult
with the permanent environmental justice advisory group; representatives
of   minority  and  low-income  communities,  including  community-based
organizations that advise or assist minority and low-income  communities
on  environmental  matters;  representatives  of  businesses  that  hold
state-issued permits or  otherwise  operate  subject  to  this  chapter;
representatives  of  local governments; representatives of local, state,
or  national   organizations   promoting   environmental   conservation;
researchers  and  educators;  and  any  other  parties the council deems
appropriate.
3. The coordinating council shall meet at least bi-annually and  shall
designate  one  of  its  members  to serve as chairperson and one of its
members to serve as secretary for the development and  dissemination  of
minutes  and  reports.  All  such  meetings shall be subject to the open
meetings law. At least one meeting annually shall be held  jointly  with
the  permanent environmental justice advisory group established pursuant
to section 48-0105 of this article. Each member  shall  be  entitled  to
designate  in  writing a representative to attend meetings in his or her
place and to vote or otherwise act on his or her behalf in  his  or  her
absence.
2023 New York Laws › ENV - Environmental Conservation › Article 48 - Environmental Justice › 48-0113 - Separability.

§ 48-0113. Separability.
If  any  clause,  sentence, paragraph, section or part of this article
  shall be adjudged by any court of competent jurisdiction to be  invalid,
  the  judgment  shall  not  affect,  impair  or  invalidate the remainder
  thereof, but shall be confined in its operation to the clause, sentence,
  paragraph, section or part thereof directly involved in the  controversy
  in which the judgment shall have been rendered.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0101 - Legislative Findings.

§ 49-0101. Legislative findings.
The legislature hereby finds and declares that:
The  state  enjoys  an  abundance of natural and man-made beauty which
  greatly  enriches  the  lives  of  the  people  of  this  state.     The
  preservation,  enhancement  and promotion of this beauty will contribute
  significantly to the enjoyment of the people who live and  work  in  the
  state,  as  well  as the millions of visitors who come to the state each
  year. Further efforts by state government are needed to  coordinate  and
  promote programs contributing to the natural and man-made beauty, and to
  provide advice and assistance to local governments.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0103 - General Functions, Powers and Duties of the Department.

§ 49-0103. General functions, powers and duties of the department.
The department shall have the power and it shall be its duty to:
1.  Develop,  after consultation with local governments and interested
  persons, groups and institutions, policies and programs to preserve  and
  enhance  the  natural  and  man-made beauty of the state, and encourage,
  facilitate and assist in the  coordination  of  the  activities  of  the
  various state agencies in furtherance of such policies and programs.
2.  Advise,  encourage and assist local governments in the development
  and coordination of policies, programs and activities, and in  the  full
  utilization  of  powers  vested in local governments by the Constitution
  and laws of the state, to preserve and enhance the natural and  man-made
  beauty of the state.
3. Conduct and coordinate studies, surveys and inventories of the vast
  natural  and  man-made resources contributing to the beauty of the state
  by virtue of their scenic, aesthetic, or cultural values.
4. Designate scenic sites,  areas,  and  highways  in  the  state  and
  develop  programs  for their preservation and enhancement, including but
  not  limited  to  programs  to  discourage  littering,  defacement,  and
  blighting of such scenic sites, areas and highways.
5.   Promote  the  application  of  aesthetic  considerations  in  the
  location, design, construction and maintenance of state lands,  projects
  and buildings.
6.  Serve  as  a  clearing  house  for  information  relating  to  the
  preservation and enhancement of natural and man-made beauty.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0105 - Functions, Powers and Duties of Other Departments and Agencies.

§ 49-0105. Functions,   powers  and  duties  of  other  departments  and
agencies.
Nothing contained in this article  shall  be  deemed  to  derogate  or
  detract  in  any way from the functions, powers and duties prescribed by
  law of any other department or agency of the state nor to  interrupt  or
  preclude  the direct relationships of any such department or agency with
  public  corporations  and  districts  for  the  carrying  out  of   such
  functions, powers and duties.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0107 - Assistance of Other Agencies.

§ 49-0107. Assistance of other agencies.
To effectuate the purposes of this article, the department may request
  and   receive  from  any  other  department,  division,  board,  bureau,
  commission or other agency of the state  or  any  political  subdivision
  thereof or any public authority such assistance, information and data as
  will  enable  the department properly to carry out its powers and duties
  hereunder.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0109 - Reports.

§ 49-0109. Reports.
The  department  shall  from  time to time report to the Governor, and
  shall make an annual report to the governor  and  the  legislature,  not
  later  than May first, concerning the work of the department pursuant to
  this article, in the preceding calendar year.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 1 - Natural and Man Made Beauty › 49-0111 - Grants or Gifts.

§ 49-0111. Grants or gifts.
The department, with the approval of the Governor, may accept as agent
  of  the  state  any  gift,  devise  or  bequest,  whether conditional or
  unconditional (notwithstanding the provisions of section 11 of the State
  Finance Law), and including federal grants, for any of the  purposes  of
  this  article.  Any moneys so received may be expended by the department
  to  effectuate  any  purpose  of  this  article,  subject  to  the  same
  limitations  as  to approval of expenditures and audit as are prescribed
  for state moneys appropriated for the purposes of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 2 - State Land Acquisition › 49-0201 - Definitions.

§ 49-0201. Definitions.
As used in this title, the following terms shall include and mean:
1.  "Office"  shall  mean  the  state  office of parks, recreation and
  historic preservation.
2. "Commissioners" shall mean the state commissioner of  environmental
  conservation  and  the  state  commissioner  of  parks,  recreation  and
  historic preservation.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 2 - State Land Acquisition › 49-0205 - Comprehensive Inventory of Lands Having Statewide or Regional Significance.

§ 49-0205. Comprehensive inventory of lands having statewide or regional
significance.
1.  In  order  to  help  provide  a  basis  for  a  strategy  for  the
  preservation of land resources in the state and the preparation  of  the
  state land acquisition plan, the department and the office shall prepare
  a  comprehensive inventory of protected and unprotected resources having
  statewide or regional environmental, historic, cultural or  recreational
  significance. Such inventory shall include the following:
a.  open  space, forest land and park land owned by federal, state and
  local governmental entities including lands containing old-growth forest
  dedicated to the  state  nature  and  historical  preserve  pursuant  to
  article forty-five of this chapter;
b.  forest  land  in private ownership under the terms of section four
  hundred eighty-a of the real property tax law;
c. wetlands protected by articles twenty-four and twenty-five of  this
  chapter;
d.   agricultural  areas,  including  agricultural  districts  created
  pursuant to article twenty-five-AA of the agriculture and markets law as
  recommended by the commissioner of agriculture and markets;
e. water resources, including wild, scenic  and  recreational  rivers,
  streams  and aquifer recharge areas protected by article fifteen of this
  chapter;
f. marine and  other  coastal  resources,  including  coastal  erosion
  hazard areas protected by article thirty-four of this chapter;
g.  open  space  lands, forest lands and park lands dedicated by other
  than governmental entities to ecological,  wildlife  management,  forest
  management or recreational purposes; and
h.   lands  which  possess  statewide  or  regional  significance  for
  historic, cultural, ecological, open space, outdoor recreation, resource
  protection or wildlife management purposes,  including  the  purpose  of
  restoring extirpated species, and preserving old-growth forests.
2.  Such  inventory,  in such segments and such form as may be readily
  available at any given time, shall be available  to  the  regional  land
  acquisition advisory committees and other members of the public.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 2 - State Land Acquisition › 49-0211 - State Land Acquisition Advisory Council.

§ 49-0211. State land acquisition advisory council.
1.  The  council  shall  consist of seven members: the commissioner of
  environmental conservation and the commissioner of parks, recreation and
  historic preservation, and the following officials or  their  designees:
  the  governor,  the  majority  leader  of the senate, the speaker of the
  assembly, the minority leader of the senate and the minority  leader  of
  the assembly. The governor shall appoint the chair. Persons serving as a
  member  of  the  council  pursuant  to  designation  shall  serve at the
  pleasure of the designating authority, without compensation,  but  shall
  be  entitled to receive reimbursement of reasonable expenses necessarily
  incurred in the performance of their duties pursuant to  the  provisions
  of this title.
2.  The  provisions of section seventy-four of the public officers law
  shall be applicable to the members of the  council  in  connection  with
  their  duties  under  this  article.  At  any  time that a member of the
  council has or may have a direct or indirect financial  interest  in  or
  resulting  from the proposed acquisition or decision not to acquire land
  or an interest in  land,  such  member  shall  not  participate  in  any
  discussion  or  deliberation  of  the  council  concerning  such land or
  interest.
3. The advisory council shall:
a. advise and make  recommendations  to  the  commissioners  regarding
  acquisition  goals  and  priorities to ensure a balance of statewide and
  regional interests in acquisition;
b. have an opportunity to review and  make  recommendations  regarding
  specific  parcels proposed by the commissioners for acquisition prior to
  the approval  by  the  department  or  the  office  of  any  parcel  for
  acquisition; and
c.  review  the  annual reporting of the regional advisory committees,
  any community preservation project plans developed pursuant  to  section
  six-s  of  the general municipal law, the department and the office, and
  the state land acquisition plan.
4. Notwithstanding  the  provisions  of  article  six  of  the  public
  officers  law, no records of the advisory council shall be available for
  public inspection. Notwithstanding the provisions of  article  seven  of
  the  public  officers  law,  no  meeting  or  proceeding of the advisory
  council shall be open to the public. All  proceedings  of  the  advisory
  council  shall  be  confidential.  Members  of  the advisory council may
  participate in a meeting by means of a conference telephone  or  similar
  communications equipment and may exchange information by mail.
5.  In carrying out its responsibilities pursuant to this article, the
  council shall take into account the regional and state land  acquisition
  priorities and policies.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 2 - State Land Acquisition › 49-0213 - Annual Report.

§ 49-0213. Annual report.
No  later  than January thirty-first, nineteen hundred ninety-one, and
  on an annual basis thereafter, the commissioners  shall  report  on  the
  department's and the office's land acquisition activities, including:
1.  lands  acquired,  whether  in  fee  title  or  by  easement, funds
  obligated and disbursed and acreage obtained  over  the  past  year  and
  cumulatively since the effective date of this title;
2.  a description of the state's land acquisition plans and priorities
  for the coming year; and
3. the recommendations of the regional advisory committees.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 2 - State Land Acquisition › 49-0215 - Annual Budget Request.

§ 49-0215. Annual budget request.
The   commissioners'   annual  budget  request  for  land  acquisition
  reappropriations shall include an  itemization  of  contracts  obligated
  from such appropriations as of the date of such submission.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 3 - Conservation Easements › 49-0301 - Declaration of Policy and Statement of Purpose.

§ 49-0301. Declaration of policy and statement of purpose.
The  legislature  hereby finds and declares that in order to implement
  the  state  policy  of  conserving,  preserving   and   protecting   its
  environmental   assets   and   natural   and   man-made  resources,  the
  preservation  of  open  spaces,  the   preservation,   development   and
  improvement  of agricultural and forest lands, the preservation of areas
  which are significant because of  their  scenic  or  natural  beauty  or
  wetland,  shoreline,  geological  or  ecological,  including  old-growth
  forest, character, and the preservation of areas which  are  significant
  because  of  their historical, archaeological, architectural or cultural
  amenities,  is  fundamental  to   the   maintenance,   enhancement   and
  improvement    of   recreational   opportunities,   tourism,   community
  attractiveness, balanced economic growth and the quality of life in  all
  areas of the state.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 3 - Conservation Easements › 49-0303 - Definitions.

§ 49-0303. Definitions.
When used in this title:
1. "Conservation easement" means an easement, covenant, restriction or
  other  interest  in  real  property,  created  under  and subject to the
  provisions  of  this  title  which  limits  or  restricts   development,
  management or use of such real property for the purpose of preserving or
  maintaining  the  scenic, open, historic, archaeological, architectural,
  or natural condition, character, significance or amenities of  the  real
  property  in  a manner consistent with the public policy and purpose set
  forth in section 49-0301 of this title, provided that no  such  easement
  shall  be  acquired  or  held  by  the  state  which  is  subject to the
  provisions of article fourteen of the constitution.
2. "Not-for-profit conservation organization" means  a  not-for-profit
  corporation organized inter alia for the conservation or preservation of
  real  property  and  which  has  the  power to acquire interests in real
  property. Such organization must have qualified as  exempt  for  federal
  tax purposes pursuant to Section 501 (c)(3) of the internal revenue code
  or any similar successor statutory provision.
3.  "Public  body"  means the state or a municipal corporation as that
  term is defined in section two of  the  general  municipal  law  or  the
  United  States  of  America  acting by and through the department of the
  interior. Such term shall further include the Palisades interstate  park
  commission;   the   Central  Pine  Barrens  joint  planning  and  policy
  commission; and a soil and water conservation district as that  term  is
  defined  in  section  three of the soil and water conservation districts
  law.
4. "Third party enforcement right" means a right which may be  granted
  in   a   conservation  easement  which  empowers  a  public  body  or  a
  not-for-profit conservation organization which is not a  holder  of  the
  easement to enforce any of the terms of the easement.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 3 - Conservation Easements › 49-0309 - Scope of This Title.

§ 49-0309. Scope of this title.
This  title  shall not affect any interests or rights in real property
  which are not conservation easements, and shall not affect the rights of
  owners to convey any interests in real property  which  they  could  now
  create  under existing law without reference to the terms of this title.
  Nothing in this title shall diminish the powers granted by any other law
  to acquire interests or rights  in  real  property  by  purchase,  gift,
  eminent  domain  or  otherwise  and to use the same for public purposes.
  Nothing in  this  title  shall  be  construed  to  alter  the  authority
  otherwise available to any public body to acquire conservation easements
  for the purposes of section 49-0301 of this title by eminent domain.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 3 - Conservation Easements › 49-0311 - Severability.

§ 49-0311. Severability.
The  provisions  of  this title shall be severable, and if any clause,
  sentence, paragraph, subdivision or part of this title shall be adjudged
  by any court of competent jurisdiction  to  be  invalid,  such  judgment
  shall  not affect, impair or invalidate the remainder thereof, but shall
  be confined  in  its  operation  to  the  clause,  sentence,  paragraph,
  subdivision  or  part  thereof  directly  involved in the controversy in
  which such judgment  shall  have  been  rendered;  provided  that  if  a
  conservation  easement  created  pursuant to this title is determined by
  any court of competent jurisdiction to be land or water or  an  interest
  in  land  or  water subject to the provisions of article fourteen of the
  constitution then the authority of the state to  hold  or  acquire  such
  easement  and the conveyance to the state of such easement shall be void
  ab initio.
2023 New York Laws › ENV - Environmental Conservation › Article 49 - Protection of Natural and Man-Made Beauty › Title 5 - State Geological Trail › 49-0503 - Establishment of State Geological Trail.

§ 49-0503. Establishment of state geological trail.
1.   The  commissioner,  in  cooperation  with  the  commissioners  of
  transportation  and  economic  development,  shall  establish  a   state
  geological  trail to include the areas, territories and sites designated
  by the commissioner pursuant to subdivision two of  section  49-0501  of
  this  title.  The purpose of such trail shall be to identify and promote
  such areas, territories  and  sites  to  the  public,  and  promote  the
  economic, scientific, cultural and conservation aspects thereof.
2.  To  the  greatest  extent  practicable, the state geological trail
  shall include areas and sites across the state going east and west,  and
  north  and  south  throughout  the  entire state. Consideration shall be
  given to having the designated portions of the  state  geological  trail
  intersect at the city of Albany, in recognition of its importance in the
  geology  of  the  state.  In  designating  the  state  geological  trail
  consideration shall also be given to scientific and/or scenic importance
  relating  to  geological,   and   related   cultural,   ecological   and
  archeological features.
3.  In  developing  and  approving  such trail, the commissioner shall
  ensure that proposed trail routes do not conflict with  existing  scenic
  byways designated pursuant to section three hundred forty-nine-dd of the
  highway  law or wine trails designated pursuant to section three hundred
  forty-three-k of the highway law, and ensure that  the  trail  route  is
  designed and laid out so that it is relatively simple and easy to follow
  for users and contains few branches or laterals that dead end.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 1 - General Provisions › 51-0101 - Definitions.

§ 51-0101. Definitions.
As used in this article the following terms shall mean and include:
1.   "Commissioner"  shall  mean  the  commissioner  of  environmental
  conservation except that within and for the purposes of title eleven  of
  this article, the commissioner of parks and recreation.
2.   "Department"   shall   mean   the   department  of  environmental
  conservation.
3. "Federal assistance" except for  federal  public  works  act  funds
  granted for New York city's Betts avenue incinerator and Hamilton avenue
  transfer  station  and  as otherwise defined in this article, shall mean
  funds available, other than by loan, from the federal  government  to  a
  municipality,  either  directly  or  through allocation by the state for
  construction or program purposes pursuant to any federal law or program.
4. "Governing body" shall mean
a. in the case of a town, a town board;
b. in the case of a county outside of the city of New York, the county
  board of supervisors or other elective governing body;
c. in the case of a  city  or  village,  the  local  legislative  body
  thereof, as the term is defined in the municipal home rule law;
d.  in  the  case  of  a  public  benefit  corporation,  the  board of
  directors, members or trustees thereof;
e. in the case of a school district, the board of education thereof;
f. in the case of a supervisory district,  the  board  of  cooperative
  educational services thereof.
5.  "Lands"  shall  mean lands, improvements and structures thereon or
  rights,  franchises,  and  interests  therein,  lands  under  water  and
  riparian rights, and shall also mean any and all interests in lands less
  than  full title, including without limitations, easements, permanent or
  temporary, rights of way, uses, leases, licenses, and any other  estate,
  interests or right in lands, legal or equitable.
6.  "Municipality,"  except  as otherwise defined within this article,
  shall mean a city, county, town, village, public benefit corporation  or
  school  district  or an improvement district within a city, county, town
  or village, or any combination thereof.
7. "Office" shall mean the office of parks and recreation.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 1 - General Provisions › 51-0103 - Allocation of Moneys.

§ 51-0103. Allocation of moneys.
The  moneys  received  by the state from the sale of bonds pursuant to
  the environmental quality bond act of nineteen hundred seventy-two shall
  be expended pursuant to appropriations, in the following amounts and (a)
  for deposit in the water pollution control revolving fund established by
  section twelve hundred eighty-five-j of the public authorities  law,  or
  (b)  as  specifically  provided  for in titles 3, 5, 7, 9 and 11 of this
  article:
1. For preserving, enhancing, restoring and improving the  quality  of
  water  as  set  forth  in  title  3 of this article or in section twelve
  hundred eighty-five-j of the public authorities law and section  17-1909
  of this chapter, six hundred fifty million dollars ($650,000,000); and
2.  For  preserving, enhancing, restoring and improving the quality of
  air as set forth in title 5 of this article, one hundred  fifty  million
  dollars ($150,000,000); and
3.  For  preserving, enhancing, restoring and improving the quality of
  land as set forth in titles 7, 9 and 11 of this article,  three  hundred
  fifty million dollars ($350,000,000).
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 1 - General Provisions › 51-0105 - State Assistance Application Procedure.

§ 51-0105. State assistance application procedure.
1.  A  municipality  upon the recommendation of its governing body may
  submit an application for  state  assistance  toward  the  cost  of  any
  project  which is eligible for state assistance pursuant to this article
  to the commissioner in such form and containing such information  as  he
  may require.
2.  The  commissioner  shall  review  such project application and may
  approve, disapprove or recommend modifications thereto  consistent  with
  applicable law, criteria, standards or rules and regulations relative to
  such projects.
3.  Upon  approval  of a project application, a municipality may enter
  into a contract  as  further  provided  within  this  article  with  the
  commissioner  for payment of state assistance to be received pursuant to
  this article.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 1 - General Provisions › 51-0107 - Powers and Duties of the Commissioner.

§ 51-0107. Powers and duties of the commissioner.
In administering the provisions of this article, the commissioner:
1. shall make an itemized estimate of funds or appropriations required
  annually for inclusion in the executive budget.
2.  may  in  the  name  of  the  state as further provided within this
  article contract to  make,  within  the  limitations  of  appropriations
  available  therefor,  a  state  grant  for  payment  to  a  municipality
  representing the state share of the cost of a project approved and to be
  undertaken pursuant to this article. Such contracts shall be subject  to
  approval  by  the  state  comptroller  and  as  to  form by the attorney
  general.
3. shall approve vouchers for the payment of local assistance pursuant
  to an approved contract. All such payments shall be paid  on  the  audit
  and warrant of the state comptroller.
4.  may  perform such other and further acts and promulgate such rules
  and regulations as may be necessary, proper or desirable  to  carry  out
  the provisions of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 1 - General Provisions › 51-0109 - Powers and Duties of a Municipality.

§ 51-0109. Powers and duties of a municipality.
A municipality shall have the power and authority to:
1.  undertake  and carry out any project for which state assistance is
  received or to be received pursuant to this  article  and  maintain  and
  operate such project.
2.  expend  money received from the state pursuant to this article for
  costs incurred in conjunction with the approved project.
3. perform such other and further acts as may be necessary, proper  or
  desirable to carry out a project or obligation, duty or function related
  thereto.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 3 - Water Quality Improvement Projects › 51-0303 - Definitions.

§ 51-0303. Definitions.
As used in this title, the following terms shall mean and include:
2.  "Construction".  The  erection, building, acquisition, alteration,
  reconstruction, improvement or extension of sewage treatment works;  the
  inspection  and supervision thereof; and the engineering, architectural,
  legal, fiscal and economic investigations and studies, surveys, designs,
  plans, working drawings, specifications, procedures, and  other  actions
  necessary thereto;
3.  "Eligible  project".  A  water quality improvement project for the
  construction of sewage treatment works,
a. for which a permit has been issued by the department,
b. which is, in the judgment  of  the  commissioner,  in  accord  with
  applicable comprehensive studies and reports,
c. which is approved for federal pollution abatement assistance,
d. which conforms with applicable law, rules and regulations, and
e.  which  is,  in the judgment of the commissioner, necessary for the
  accomplishment of the state water pollution control program;
4. "Federal pollution abatement  assistance".  Funds  available  to  a
  municipality,  either  directly or through allocation by the state, from
  the federal government as grants for construction  of  sewage  treatment
  works,  pursuant  to  the  federal  water pollution control act and acts
  amendatory thereto;
5. "Municipality". A city, county, town, village, the New  York  state
  environmental  facilities  corporation, a sewer authority within a city,
  or an improvement  district  or  district  corporation  within  a  city,
  county,  town  or  village,  or  Indian  tribes residing within New York
  state, or any combination thereof;
6. "Project cost". The  actual  cost  or  estimated  reasonable  cost,
  whichever is lower, of construction of an eligible project;
7.  "Water  quality improvement project". A sewage treatment works for
  the purpose of treating, neutralizing or stabilizing  sewage,  including
  treatment  or  disposal  plants, the necessary intercepting, outfall and
  outlet sewers, pumping stations  integral  to  such  plants  or  sewers,
  equipment and furnishings thereof and their appurtenances.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 5 - Air Quality Improvement Projects › 51-0501 - Allocation of Moneys.

§ 51-0501. Allocation of moneys.
The  moneys  received  by the state from the sale of bonds pursuant to
  the environmental quality bond act of nineteen hundred seventy-two shall
  be expended in the following amounts pursuant to appropriation therefor:
1. For state air quality improvement projects, fifty  million  dollars
  ($50,000,000)  for  upgrading  state  facilities  including the Pilgrim,
  Kings Park, Middletown, Hudson River,  Harlem  Valley,  St.    Lawrence,
  Utica,  Marcy,  Binghamton, Rochester and Gowanda State Hospitals; Green
  Haven, Wallkill, Auburn and Attica Correctional Facilities; the Wassaic,
  Craig  and  West  Seneca  State  Schools;  State  University  units   at
  Binghamton  and  Buffalo; the Hudson Training School for Girls; Syracuse
  Psychiatric Hospital; and the Albion State Institution.
2. For municipal air quality improvement projects, one hundred million
  dollars ($100,000,000).
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 5 - Air Quality Improvement Projects › 51-0503 - Definitions.

§ 51-0503. Definitions.
As used in this title, the following terms shall include and mean:
1.  "Air quality improvement project." a. The upgrading of an existing
  incinerator, furnace or  boiler  and  appurtenances  thereto  owned  and
  operated by the state or a municipality, or
b. The establishment of a solid waste recovery and management project,
  as  defined in subdivision two of section 51-0903 of this article, which
  directly enables permanent closure of an incinerator that  is  operating
  in  a  manner  not  in  compliance with applicable air pollution control
  regulations and which project in all other respects qualifies for  state
  assistance pursuant to title nine of this article.
2.  "Cost."  The  cost of upgrading including the cost of all systems,
  facilities,  machinery  and  equipment,  engineering  and  architectural
  services,  plans  and specifications, consultant and legal services, and
  other direct expenses  incident  to  such  upgrading  less  any  federal
  assistance received or to be received.
3. "Municipality." A city, county, town, village or school district or
  an  improvement  district within a city, county, town or village, or any
  combination thereof.
4. "Upgrading." Construction,  reconstruction,  renovation,  or  other
  process  or activity necessary to insure that an existing incinerator or
  furnace or boiler meets air quality emission  standards  promulgated  by
  the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 5 - Air Quality Improvement Projects › 51-0505 - Appoval of Projects.

§ 51-0505. Appoval of projects.
1.  Air  quality  improvement projects shall be undertaken pursuant to
  this title only with the approval of the commissioner, and in  the  case
  of  municipal  projects,  pursuant  to  an  approved  contract for state
  assistance.
2.  In  reviewing  projects,   the   commissioner   shall   give   due
  consideration to:
a.  the  urgency of the need for upgrading to meet ambient air quality
  standards;
b. the age and condition of the incinerator, furnace or boiler;
c. the economic feasibility of upgrading;
d. expected increased efficiency;
e.  expected  life  of  any  public  facility  associated   with   the
  incinerator, furnace, or boiler;
f.   the   reduction   in  air  contaminants  required  to  bring  the
  incinerator, furnace, or  boiler  emissions  into  compliance  with  the
  applicable air quality standards.
g.  in the case of a project defined in paragraph b of subdivision one
  of section 51-0503 of this title, the matters required to be taken  into
  account under sections 51-0905 and 51-0907 of this article.
3.  The state share of the cost of a municipal air quality improvement
  project shall not exceed fifty (50) percent of the cost thereof.