reglab/statecodes huggingface dataset:
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 5 - Air Quality Improvement Projects › 51-0507 - Contracts for Municipal Air Quality Improvement Projects.

§ 51-0507. Contracts for municipal air quality improvement projects.
1.  The  commissioner,  in  the  name  of  the  state,  may enter into
contracts with  municipalities  to  undertake  air  quality  improvement
projects,  and  any such municipality may enter into a contract with the
commissioner.  Any such contract may include such provisions as  may  be
agreed upon by the parties thereto, and shall include, in substance, the
following provisions:
a.  An estimate of the reasonable cost of the project as determined by
the commissioner;
b. An agreement by the commissioner to pay to the municipality, during
the progress of construction or following completion of construction  as
may  be  agreed upon by the parties, an amount, not to exceed 50 percent
of the cost of the project;
c. An agreement by the municipality
(1) to proceed  expeditiously  with,  and  complete,  the  project  as
approved by the commissioner,
(2)  to  operate  and  maintain  the upgraded incinerator, furnace, or
boiler in accordance with applicable law and rules and regulations, and,
in the case of a project defined in paragraph b of  subdivision  one  of
section   51-0503  of  this  title,  the  agreement  shall  include  the
provisions contemplated by paragraph c of  subdivision  one  of  section
51-0907 of this article,
(3)  to  apply  for  and  make  reasonable  efforts  to secure federal
assistance, if any, for the project,
(4) to secure the approval of the  commissioner  before  applying  for
such  federal  assistance,  in  order  to  maximize  the amounts of such
assistance received or to be received  for  all  projects  in  New  York
state,
(5) to provide for the payment of the municipality's share of the cost
of the project;
d.  A  provision  that, in the event that federal assistance which was
not included in the calculation of the state payment  becomes  available
to   the  municipality,  the  amount  of  the  state  payment  shall  be
recalculated with the inclusion  of  such  federal  assistance  and  the
municipality  shall  pay  to  the  state  the  amount by which the state
payment actually made  exceeds  the  state  payment  determined  by  the
recalculation.
2.  In  connection  with  each  contract,  the commissioner shall keep
adequate records of the amount of the payment by the state  and  of  the
amount  of  federal  assistance,  if  any, received by the municipality.
Such records shall be retained by the commissioner and  shall  establish
the basis for recalculation of the state payment as required herein.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0701 - Allocation of Moneys.

§ 51-0701. Allocation of moneys.
The  moneys received by the state from the sale of bonds sold pursuant
  to the environmental quality bond act of  nineteen  hundred  seventy-two
  shall be expended pursuant to appropriations therefor in accordance with
  the  following  allocations,  supplemented by such federal assistance as
  may be available:
1.  For  forest  preserve   projects,   fifty-nine   million   dollars
  ($59,000,000)   of   which  fifteen  million  dollars  ($15,000,000)  is
  allocated for land acquisition  in  the  Catskill  Park  and  forty-four
  million  dollars  ($44,000,000) is allocated for land acquisition in the
  Adirondack Park.
2. Wetland preservation and restoration projects, twenty-seven million
  dollars ($27,000,000) of which  four  million  dollars  ($4,000,000)  is
  allocated  for  wetlands  restoration projects; eighteen million dollars
  ($18,000,000) is allocated for the acquisition of five thousand  (5,000)
  acres  of  tidal  wetlands;  and  five  million  dollars ($5,000,000) is
  allocated for the  acquisition  of  fifty  thousand  (50,000)  acres  of
  freshwater wetlands.
3.   For  unique  area  preservation  projects,  ten  million  dollars
  ($10,000,000) of  which  four  million  five  hundred  thousand  dollars
  ($4,500,000) is allocated for projects in the Hudson Valley-Metropolitan
  New  York-Long  Island  area;  three  million  dollars  ($3,000,000)  is
  allocated for projects in the Central New York  area;  and  two  million
  five hundred thousand dollars ($2,500,000), is allocated for projects in
  the  Western  New  York  area. Unique area preservation projects outside
  forest  preserve  counties   shall   be   undertaken   only   upon   the
  recommendation  of  the  state  nature and historical preserve trust and
  shall be recommended by the commissioner  for  inclusion  in  the  state
  nature and historical preserve.
4.  For  stream  rights  acquisition  projects,  three million dollars
  ($3,000,000).
5. For public access to state land  projects,  eight  million  dollars
  ($8,000,000)  to  provide  access  to presently inaccessible state lands
  such as the High Tor Area, Erwin Area, Capital District Area,  Pharsalia
  Area,  Cicero  Swamp,  Perch  River  Area,  and  Tug  Hill Area wildlife
  management lands and  reforestation  areas  in  Clinton,  St.  Lawrence,
  Lewis,  Washington,  Jefferson,  Oneida, Cattaraugus, Steuben, Schuyler,
  Allegany, Chautauqua, Schoharie, Broome, Delaware, Tioga,  Tompkins  and
  Cortland Counties.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0703 - Definitions.

§ 51-0703. Definitions.
As used in this title, the following terms shall mean and include:
1.  "Forest  Preserve  Project."  A  state project to acquire lands as
  additions to the forest preserve  within  the  Adirondack  and  Catskill
  Parks.
2.  "Wetlands  Preservation  Project."  A  state  project  to preserve
  through acquisition  biologically  productive  and  vulnerable  wetlands
  because of their unique and irreplaceable values.
3.  "Wetlands  Restoration  Project."  A state or municipal project to
  renovate dikes, levies, ditches, berms and other water level  regulation
  works;  to  establish  vegetation,  plants,  and  shrubs,  or such other
  necessary or desirable work to achieve optimum productivity of wetlands.
4. "Unique Area Preservation Project."  A  state  project  to  acquire
  lands  of  special  natural  beauty,  wilderness  character, geological,
  ecological  or  historical  significance  for  the  state   nature   and
  historical  preserve  and  similar lands within a forest preserve county
  outside the Adirondack and Catskill Parks.
5. "Stream Rights Acquisition Project." A  state  project  to  acquire
  fishing rights on quality streams.
6.  "Public Access to State Lands Project." A state project to provide
  access to  otherwise  inaccessible  reforestation,  game  management  or
  multiple  use  lands through land acquisition and development of unpaved
  trails.
7. "Wetlands." Land and lands under water which  may  be  permanently,
  temporarily  or  intermittently  covered  with  fresh  or salt-water and
  commonly referred to as flood basins or flats, meadows,  marshes,  shrub
  swamps, wooded swamps, swamps or bogs.
8.  "Cost."  The cost of an approved project shall include engineering
  and architectural services, plans  and  specifications,  consultant  and
  legal  services, and other direct expenses incident to such project less
  any federal assistance received or to be received.
9. "Municipality." A city, county, town  or  village,  or  improvement
  district  within  a  city,  county,  town  or village or any combination
  thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0705 - Approval and Execution of State Projects.

§ 51-0705. Approval and execution of state projects.
1.   State   forest  preserve,  stream  rights  acquisition,  wetlands
  preservation or restoration, unique area preservation, and public access
  to state lands projects shall be undertaken pursuant to this title  only
  with the approval of the commissioner.
2.  Such  projects  as have been approved by the commissioner shall be
  executed by the department in the manner provided for by applicable law.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0709 - Approval of Municipal Wetlands Restoration Projects.

§ 51-0709. Approval of municipal wetlands restoration projects.
1.  A  municipal  wetlands  restoration  project  shall  be undertaken
  pursuant to this title only with the approval of the  commissioner,  and
  pursuant to an approved contract for state assistance.
2.   In  reviewing  applications  for  municipal  wetland  restoration
  projects, the commissioner shall give due consideration to:
a. the urgency of need to restore such wetlands;
b. the potential ecological value of such wetlands;
c. the potential value of such wetlands  for  flood  and  storm  water
  control and pollution and sediment filtering;
d.  the  level  of  biological  productivity which will be achieved by
  restoration thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0711 - Contracts for Municipal Wetlands Restoration Projects.

§ 51-0711. Contracts for municipal wetlands restoration projects.
1.  The  commissioner,  in  the  name  of  the  state,  may enter into
contracts with municipalities owning wetlands, and any such municipality
may enter into a contract with the commissioner. Any such  contract  may
include  such  provisions  as may be agreed upon by the parties thereto,
and shall include, in substance, the following provisions:
a. An estimate of the reasonable cost of the project as determined  by
the commissioner.
b. An agreement by the commissioner to pay to the municipality, during
the  progress  of  restoration or following completion of restoration as
may be agreed upon by the parties, an amount equal to the actual cost of
restoration or the estimated reasonable cost whichever is the lesser.
c. An agreement by the municipality
(1) to dedicate in perpetuity the wetlands to be  restored  to  assure
their preservation.
(2)  to  proceed  expeditiously  with,  and  complete,  the project as
approved by the department.
(3) to thereafter maintain the wetlands in the condition to which they
have been restored.
(4) to apply  for  and  make  reasonable  efforts  to  secure  federal
assistance for the project.
(5)  to  secure  the  approval of the commissioner before applying for
federal assistance, in order to maximize the amounts of such  assistance
received or to be received for all projects in New York state.
d.  A  provision  that, in the event that federal assistance which was
not included in  the  calculation  of  the  state  payment  pursuant  to
paragraph  b  of this subdivision becomes available to the municipality,
the amount of the state payment shall be recalculated with the inclusion
of such additional federal assistance and the municipality shall pay  to
the  state  the  amount by which the state payment actually made exceeds
the state payment determined by the recalculation.
2. In connection with  each  contract,  the  commissioner  shall  keep
adequate  records  of the amount of the payment by the state pursuant to
paragraph b of subdivision one of this section  and  of  the  amount  of
federal  assistance  received by the municipality. Such records shall be
retained  by  the  commissioner  and  shall  establish  the  basis   for
recalculation of the state payment.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 7 - Land Preservation and Improvement Projects › 51-0713 - Restriction of Alienation of Wetlands.

§ 51-0713. Restriction of alienation of wetlands.
Any  wetlands  acquired  or  restored  in  part or in whole with state
  moneys pursuant to this title shall not be  sold,  leased  or  otherwise
  disposed  of  or used for any purpose inconsistent with the character or
  value of such wetlands.
No structure shall be placed thereon  except  water  level  regulation
  works   necessary  to  preserve,  restore  or  maintain  the  biological
  productivity thereof.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 9 - Solid Waste Recovery and Management › 51-0901 - Allocation of Moneys.

§ 51-0901. Allocation of moneys.
Of the moneys received by the state from the sale of bonds pursuant to
  the  environmental quality bond act of nineteen hundred seventy-two, one
  hundred seventy-five million dollars ($175,000,000)  shall  be  expended
  pursuant to appropriations thereof, for municipal solid waste management
  projects,  including  at least five million dollars ($5,000,000) of this
  amount which shall be earmarked for resource recovery equipment,  source
  separation  equipment,  or  both, for the implementation of small scale,
  low-technology  approaches  to  resource  recovery,   including   source
  separation  programs,  recycling  centers, composting projects and other
  solid waste recovery and management projects with a design  capacity  of
  less than one hundred tons per day.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 9 - Solid Waste Recovery and Management › 51-0907 - Contracts for Municipal Solid Waste Management Projects.

§ 51-0907. Contracts for municipal solid waste management projects.
1.  The  commissioner,  in  the  name  of  the  state,  may enter into
contracts with municipalities which may include such provisions  as  may
be  agreed upon by the parties thereto, and shall include, in substance,
the following provisions:
a. An estimate of the reasonable cost of the project as determined  by
the commissioner.
b. An agreement by the commissioner to pay to the municipality, during
the  progress of construction or following completion of construction as
may be agreed upon by the  parties,  an  amount,  not  to  exceed  fifty
percent of the cost of resource recovery equipment and source separation
equipment, and twenty-five percent of the cost of disposal equipment.
c. An agreement by the municipality:
(1)  to  proceed  expeditiously  with,  and  complete,  the project as
approved by the commissioner;
(2) to commence operation of the project upon its completion  and  not
to  dispose  of  the  project  or  any portion thereof or change its use
without the approval of the commissioner;
(3) to operate and maintain the  solid  waste  management  project  in
accordance  with  applicable  law  and  rules  and  regulations  of  the
commissioner;
(4) to apply  for  and  make  reasonable  efforts  to  secure  federal
assistance for the project;
(5)  to  secure  the  approval of the commissioner before applying for
federal assistance, in order to maximize the amounts of such  assistance
received or to be received for all projects in New York state;
(6) to provide for the payment of the municipality's share of the cost
of the project.
d.  A  provision  that, in the event that federal assistance which was
not included in the calculation of the state payment  becomes  available
to   the  municipality,  the  amount  of  the  state  payment  shall  be
recalculated with the inclusion  of  such  federal  assistance  and  the
municipality  shall  pay  to  the  state  the  amount by which the state
payment actually made  exceeds  the  state  payment  determined  by  the
recalculation.
2.  In  connection  with  each  contract,  the commissioner shall keep
adequate records of the amount of the payment by the state  and  of  the
amount  of  federal  assistance,  if  any, received by the municipality.
Such records shall be retained by the commissioner and  shall  establish
the basis for recalculation of the state payment as required herein.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 11 - Park Lands Preservation Projects › 51-1101 - Allocation of Moneys.

§ 51-1101. Allocation of moneys.
The  moneys received by the state from the sale of bonds sold pursuant
  to the environmental quality bond act of  nineteen  hundred  seventy-two
  shall  be  expended  in the following amounts pursuant to appropriations
  therefor:
1.   For   metropolitan   park   projects,   forty   million   dollars
  ($40,000,000);
2.  For  open  space  preservation  projects,  fifteen million dollars
  ($15,000,000);
3. For waterway projects, nine million dollars ($9,000,000);
4. For trailway projects, four million dollars ($4,000,000).
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 11 - Park Lands Preservation Projects › 51-1103 - Definitions.

§ 51-1103. Definitions.
As used in this title, the following terms shall mean and include:
1.  "Metropolitan  Park  Project."  A state project to provide new and
  expanded  public  recreational  opportunities  in  or  near   an   urban
  population  center  to  relieve serious overcrowding and prevent further
  deterioration of urban recreation systems through land acquisition.
2. "Open Space Preservation  Project."  A  state  project  to  acquire
  rapidly  disappearing open or natural lands in or near urban or suburban
  areas necessary to serve the recreation needs thereof.
3. "Waterway Project." A state project to acquire  selected  lands  on
  major  rivers,  lakes,  and  coastal  waters to provide public access to
  protect the right of public use of such waters.
4. "Trailway Project." A state project to acquire lands and to develop
  recreation trails thereon necessary  to  close  gaps  in  the  statewide
  interconnecting trails network before irreversible development occurs.
2023 New York Laws › ENV - Environmental Conservation › Article 51 - Inplementation of Environmental Quality Bond Act of 1972 › Title 11 - Park Lands Preservation Projects › 51-1105 - Approval and Execution of Projects.

§ 51-1105. Approval and execution of projects.
1.  Metropolitan park, open space preservation, waterway, and trailway
  projects shall be undertaken  pursuant  to  this  title  only  with  the
  approval of the commissioner.
2.  Such  projects  as have been approved by the commissioner shall be
  executed by the office in the manner provided by applicable law.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0103 - Allocation of Moneys.

§ 52-0103. Allocation of moneys.
The  moneys  received  by the state from the sale of bonds pursuant to
  the environmental quality bond act of nineteen hundred eighty-six  shall
  be  expended  in the following amounts pursuant to appropriations and as
  specifically provided for in  titles  three,  seven  and  nine  of  this
  article, and title five of article fifty-four of this chapter:
1.  For  remediation  of  hazardous waste sites, as set forth in title
  three of this article and for the closure of municipal landfills, as set
  forth in title five of article fifty-four of this chapter,  one  billion
  two  hundred  million  dollars  of  which: (i) up to one hundred million
  dollars shall be made available for state assistance payments toward the
  cost of the closure of municipal landfills, as set forth in  title  five
  of  article  fifty-four  of  this  chapter;  and  (ii) up to one hundred
  thousand dollars shall be made available  for  the  study  of  hazardous
  substance  waste  disposal  sites, as defined in section 27-1316 of this
  chapter; and
2.  For  acquisition,  preservation  and  improvement  of  lands,  for
  historic  preservation,  and for municipal parks, as set forth in titles
  seven and nine of  this  article  chapter,  two  hundred  fifty  million
  dollars.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0105 - State Assistance Application Procedure for Title Three of This Article.

§ 52-0105. State  assistance  application  procedure  for title three of
this article.
1. A municipality upon the recommendation of its  governing  body  may
  submit  an application for state assistance toward the cost of a project
  which is eligible for state assistance pursuant to title three  of  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 shall 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.
4. For purposes of this section, "state assistance" shall mean a grant
  pursuant to title three of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0107 - Powers and Duties of the Commissioner for Title Three of This Article.

§ 52-0107. Powers and duties of the commissioner for title three of this
article.
In  administering  the  provisions of title three of this article, the
  commissioner:
1. shall make an itemized  estimate  of  funds  or  appropriations  by
  project 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  assistance  payment  to  a  municipality
  representing the state share of the cost of a project approved and to be
  undertaken pursuant to title three of this article. Such contracts shall
  be subject to approval by the state comptroller and, as to form, by  the
  attorney general.
3.  may,  in  the  name  of the state, as further provided within this
  article, enter into contracts, within the limitations of  appropriations
  available   therefor,  with  public  benefit  corporations  and  private
  contractors for services contemplated  by  this  article  to  be  funded
  hereunder.
4. shall approve vouchers for the payment of assistance pursuant to an
  approved  contract.  All  such  payments  shall be paid on the audit and
  warrant of the state comptroller.
5. may perform such other and further acts as may be necessary, proper
  or desirable to carry out the provisions of this article.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 1 - General Provisions › 52-0109 - Powers and Duties of a Municipality.

§ 52-0109. 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 in
  the form of a grant is received or is 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 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 3 - Hazardous Waste Site Remediation Projects › 52-0301 - Projects; Authorization and Approval.

§ 52-0301. Projects; authorization and approval.
The  commissioner is authorized to directly develop and implement, and
  to cause and to approve development and implementation by municipalities
  or by other  parties,  of  hazardous  waste  site  remediation  projects
  consistent  with  title thirteen of article twenty-seven of this chapter
  and section ninety-seven-b of the state finance law.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 3 - Hazardous Waste Site Remediation Projects › 52-0303 - Contracts With Municipalities.

§ 52-0303. Contracts with municipalities.
With  respect  to  a  project  which  the  commissioner has determined
  pursuant to paragraph g of subdivision five of section 27-1313  of  this
  chapter  to be eligible for funding, funding by the state shall be up to
  an  amount  of  seventy-five  percent  of  the  eligible  cost  and  the
  commissioner  and the municipality shall enter into a contract which, in
  addition to such other terms and conditions that  the  commissioner  may
  deem to be appropriate, provides as follows:
1.  The  current  estimate of the cost of the project as determined by
  the commissioner at the time of execution of the agreement.
2. An agreement by the  commissioner  to  periodically  reimburse  the
  municipality  for  costs  incurred  during  the progress of the project.
  Such payments shall be subject to final computation and determination of
  the total state share of the eligible costs of the entire project.
3. An agreement by the municipality to proceed expeditiously with  and
  complete  the  project  in accordance with plans approved for payment of
  the municipality's share of the project cost.
4. A provision that  in  the  event  that  any  federal  payments  and
  responsible  party  payments become available which were not included in
  the calculation of the state share pursuant to subdivision two  of  this
  section, the amount of the state share shall be recalculated accordingly
  and  the  municipality  shall pay to the state for deposit in the design
  and  construction  account  of  the  hazardous   waste   remedial   fund
  established  under  section  ninety-seven-b of the state finance law the
  amount by which the state payment actually made exceeds the recalculated
  state share.
5. For purposes of this section, the term "eligible  cost"  means  the
  non-federal  share  of  the approved project cost less amounts collected
  from responsible parties as contemplated by title  thirteen  of  article
  twenty-seven of this chapter.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 7 - Land Acquisition, Preservation and Improvement Projects › 52-0701 - Approval and Execution of State Projects.

§ 52-0701. Approval and execution of state projects.
1.  State  environmentally sensitive land projects and forest preserve
  projects shall be undertaken pursuant to the provisions of this  article
  only with the approval of the commissioner.
2.  The  commissioner  shall  make  an  itemized  estimate of funds or
  appropriations required annually for inclusion in the executive budget.
3. The commissioner shall, after hearings and prior to the approval of
  any  environmentally  sensitive  land  projects  and   forest   preserve
  projects,  promulgate rules and regulations which shall include but need
  not be limited to: eligibility requirements,  departmental  ranking  and
  review  processes, project approval guidelines and criteria, and funding
  distribution  for  forest  preserve  projects  and  for  each  type   of
  environmentally  sensitive  lands project as defined in subdivision four
  of section 52-0101 of this article.
4. Real property acquired with  monies  provided  through  this  title
  shall  not  be sold or disposed of, or used for any purpose inconsistent
  with the natural resource value for which it was acquired,  without  the
  express authority of the legislature. Prior to the implementation of any
  sale,  disposal,  or  change  of  use authorized by the legislature, the
  agency authorized to sell, dispose of or change  the  use  of  any  such
  lands  shall  first provide substitute lands of equal fair market value,
  equivalent natural resource value and  similarly  suitable  location  as
  approved by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects › 52-0903 - Municipal Regulations; Limitations.

§ 52-0903. Municipal regulations; limitations.
A   municipality  which  acquires,  develops,  improves,  restores  or
  rehabilitates property with funds made available pursuant to this  title
  may establish reasonable rules and regulations by local law or otherwise
  to  assure  the  proper administration and development thereof, provided
  that no such rule or regulation which restricts the use of such lands or
  facilities by non-residents  of  the  municipality  shall  be  effective
  without the express approval of the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects › 52-0905 - Contracts.

§ 52-0905. Contracts.
The  commissioner  shall  impose  such  contractual  requirements  and
  conditions upon any  municipality  and  any  not-for-profit  corporation
  which  receive  funds  pursuant  to  this  title as may be necessary and
  appropriate to assure that a public benefit shall accrue from the use of
  public funds by such municipality and not-for-profit corporation.   Such
  conditions  may  include, but shall not be limited to limitations on the
  right of the municipality or not-for-profit corporation to  demolish  or
  convey  such  property,  provisions for public access where appropriate,
  the granting of facade easements to the state, a  requirement  that  all
  plans  for restoration, rehabilitation, improvement, demolition or other
  physical change must be subject to the commissioner's approval, and such
  other conditions which shall assure the preservation and  protection  of
  the project.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects › 52-0907 - Restriction on Alienation.

§ 52-0907. Restriction on alienation.
Real property acquired, developed, improved, restored or rehabilitated
  by  a  municipality  pursuant  to subdivision four of section 52-0901 of
  this title with funds made available pursuant to this title shall not be
  sold or disposed of or used for other than public park purposes  without
  the  express authority of an act of the legislature, which shall provide
  for the substitution of other lands  of  equal  fair  market  value  and
  reasonably   equivalent   usefulness   and   location  to  those  to  be
  discontinued, sold or disposed of, and such other requirements as  shall
  be approved by the commissioner.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects › 52-0909 - Powers and Duties of the Commissioner.

§ 52-0909. Powers and duties of the commissioner.
1. In administering the provisions of this title, the commissioner:
(a)  shall  make  an  itemized  estimate of funds or appropriations by
project required annually for inclusion in the executive budget.
(b) 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  or
not-for-profit  corporation representing the state share of the costs 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.
(c) may in the name of the state as further provided within this title
enter into  contracts  with  public  benefit  corporations  and  private
contractors  for  services  contemplated  by  this  article to be funded
hereunder.
(d) shall approve vouchers for the payment of assistance  pursuant  to
an  approved  contract. All such payments shall be paid on the audit and
warrant of the state comptroller.
(e) shall promulgate, after hearings  and  prior  to  the  receipt  of
application  and/or  approval  of  projects, rules and regulations which
shall include but need not  be  limited  to:  eligibility  requirements,
application  procedures,  office  ranking  and review processes, project
approval guidelines and criteria, and funding distribution for municipal
park projects and for each type of historic preservation project.
(f) may perform such other and  further  acts  as  may  be  necessary,
proper or desirable to carry out the provisions of this title.
2.  All actions taken by the commissioner pursuant to this title shall
be consistent with provisions  of  the  federal  internal  revenue  code
necessary  for  the  preservation  of  tax exempt status of bonds issued
under the authority granted by the environmental  quality  bond  act  of
nineteen hundred eighty-six.
2023 New York Laws › ENV - Environmental Conservation › Article 52 - Implementation of Environmental Quality Bond Act of 1986 › Title 9 - Historic Preservation, Municipal Park and Urban Cultural Parks Projects › 52-0911 - Compliance With the Law.

§ 52-0911. Compliance with the law.
Every  applicant for funds to be made available pursuant to this title
  shall comply with all applicable state, federal and local laws.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 1 - Tree Conservation › 53-0101 - Legislative Purpose.

§ 53-0101. Legislative purpose.
There  is  a direct relationship between the planting of trees, shrubs
  and associated vegetation in sufficient number in  populated  areas  and
  the   health,  safety,  and  welfare  of  communities.  Trees  and  such
  vegetation abate noise, provide welcome shade to  people,  preserve  the
  balance  of  oxygen  in the air by removing carbon dioxide and fostering
  air quality, and add color and verdure to human construction. They  also
  stabilize  the  soil  and  control  water  pollution  by preventing soil
  erosion and flooding,  yield  advantageous  microclimatic  effects,  and
  provide   a   natural   habitat   for   wildlife.  The  destructive  and
  indiscriminate removal of trees and related vegetation causes  increased
  municipal  costs  for  proper  drainage control, impairs the benefits of
  occupancy of existing residential properties and impairs  the  stability
  and  value  of both improved and unimproved real property in the area of
  destruction, and adversely  affects  the  health,  safety,  and  general
  welfare  of  the inhabitants of the state. In the interests of a greener
  and more livable state, it is determined  by  the  legislature  that  an
  affirmative program to encourage the conservation and planting of trees,
  shrubs and other vegetation is necessary in the public interest in order
  that  coming  generations will continue to enjoy and benefit by our care
  in a green New York.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 1 - Tree Conservation › 53-0103 - General Functions of the Department.

§ 53-0103. General functions of the department.
The department may:
1.  Act  in an advisory capacity to state agencies in matters relating
  to neighborhood improvement and to advise such  agencies  in  regard  to
  developing  organized  tree and other planting programs to promote urban
  neighborhood improvement and to enhance and conserve existing  tree  and
  green  space  resources  particularly  where  state  action results in a
  substantial destruction of trees or related vegetation.
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  organize  such  tree  and other planting
  programs, to promote urban neighborhood improvement and to promote  tree
  and green space protection and maintenance.
3.  Act  as  a  clearinghouse  for  information  on urban neighborhood
  improvement programs and organized tree and other planting  programs  in
  accordance with this article.
4.   Prepare  and  circulate  model  ordinances,  relating  to  trees,
  appropriate to be used in implementation of section ninety-six-b of  the
  general municipal law or other applicable municipal authority, including
  but  not  limited  to  ordinances  or  local  laws  for  designation  by
  municipalities of historic or specimen  trees,  stands  and  groves,  or
  old-growth  forests,  and  to provide for the recognition and protection
  thereof.
5. Take such other steps as are necessary to carry out the purpose  of
  this  article,  including the appointment of advisory committees, boards
  and task forces.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 1 - Tree Conservation › 53-0105 - Reports.

§ 53-0105. 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 effectiveness of this article in
  carrying out the legislative purpose pursuant to this  article,  in  the
  preceding calendar year.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 1 - Tree Conservation › 53-0107 - Grants or Gifts.

§ 53-0107. 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 eleven  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 53 - Tree Conservation and Urban Forestry › Title 3 - Urban Forestry Programs › 53-0301 - Legislative Purpose.

§ 53-0301. Legislative purpose.
The legislature finds and declares that:
1.  It  is  the purpose of this title to promote a comprehensive urban
  forestry program to assure positive benefit from urban trees planned and
  managed with adequate recognition of the  physical,  biotic  and  social
  surroundings  in  which  they  are  encouraged to grow and provide their
  benefits.
2. Trees can serve as a vital link between man in  the  urban  setting
  and his environment, if properly planned and managed.
3.  Trees  and shrubs can improve the quality of urban environments by
  helping to prevent erosion, by providing shade,  modifying  extremes  of
  temperature and humidity, helping to reduce noise and air pollution, and
  enhancing the aesthetic quality of life. Also, vegetation in urban green
  space can contribute to urban water shed management and provide habitats
  for desirable urban wildlife.
4.  Growing  conditions in urban areas for trees and associated plants
  are frequent and  recurrent  problems  because  of  highway  and  street
  widening,  sidewalk  reconstruction,  air  pollution, modified drainage,
  erosion, soil  fertility  depletion,  insects  and  disease,  mechanical
  hazards  and other adverse influences resulting from concentrated use of
  land. On the other hand, many mature urban areas have  large  tracts  of
  open space on which more urban vegetation could be grown.
5.  Improved  and  expanded  urban  tree  programs  for  planting  and
  maintenance of trees and associated vegetation in urban areas would help
  make urban areas more pleasant and healthful places to  live,  work  and
  visit; and
6.  Trees  are an important economic asset and resource to urban areas
  by increasing land values and  by  modifying  extremes  of  temperature,
  humidity  and  winds  and thereby have an important role in reducing the
  amount of energy consumed in heating and cooling  many  urban  buildings
  and homes.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 3 - Urban Forestry Programs › 53-0303 - Definitions.

§ 53-0303. Definitions.
As used in this title:
1.  "Urban forestry" means the planning, establishment, protection and
  other management of trees  and  other  vegetation  in  urban  areas  for
  present  and  potential contribution to the physiological, sociological,
  and economic well-being of urban  society.  An  important  component  of
  urban  forestry  is "arboriculture" which more specifically includes the
  planting, growing, maintenance  and  protection  of  trees  and  shrubs,
  individually and in small groups.
2. "Urban forestry plan" means a comprehensive plan for the selection,
  establishment,  maintenance  and management of existing and future trees
  and associated vegetation in an urban area, which  plan  shall,  to  the
  maximum  extent  possible,  present an analysis of physical, biotic, and
  social conditions of present and potential sites for vegetation, and  of
  improvement  needs,  opportunities  and planned projects within an urban
  area.
3. "Urban areas" means cities, villages or  towns  with  a  population
  density of greater than one thousand persons per square mile.
4.  "Contributed  funds"  means money donated by residents of an urban
  area and others to an urban area for  urban  forestry  or  arboriculture
  within that urban area.
5. "Public funds" means money appropriated by a non-federal government
  entity for urban forestry or arboriculture within that urban area.
6. "Vacant public land" means any land owned by a state agency, public
  authority,  public  benefit corporation or municipal corporation that is
  not used, is unoccupied or idle; including rights-of-ways but  excluding
  land subject to use restrictions under law.
7.  "Municipal  forester"  means a municipal official appointed by the
  chief executive officer of a municipal corporation to act as  a  liaison
  with  the  department  and the public for the purposes set forth in this
  article.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 3 - Urban Forestry Programs › 53-0305 - Designation of Commissioner.

§ 53-0305. Designation of commissioner.
For  the purposes of this title, the commissioner is designated as the
  appropriate state  official  to  coordinate  federal  funding  of  urban
  forestry  and  arboriculture  programs and by regulation may provide for
  the submission and approval of urban forestry and  arboriculture  plans.
  The department will also provide technical assistance to urban areas for
  urban  forestry  and  arboriculture,  and encourage the participation of
  municipal  foresters,  private  agencies,  organizations,   firms,   and
  individuals  to  furnish  urban  forestry and arboricultural services in
  order to carry out the purposes of this title. The commissioner may take
  steps necessary to facilitate the cooperation of  private  agencies  and
  organizations  with  municipalities  for  the  purposes of this article,
  including long-term contracts with private parties for the use of vacant
  public lands in or around urban areas, subject to other requirements  of
  state  law  and  the  jurisdiction of other public agencies with respect
  thereto, for purposes of urban forestry  and  arboriculture  under  this
  article, and to provide trees and shrubs for planting in accordance with
  an approved urban forestry or arboricultural plan. This program shall be
  administered  in  cooperation with the Cornell cooperative extension and
  the soil and water conservation districts to avoid  duplication  between
  these agencies and the department.
2023 New York Laws › ENV - Environmental Conservation › Article 53 - Tree Conservation and Urban Forestry › Title 3 - Urban Forestry Programs › 53-0307 - Funding of Department; Municipal Authorization for Local Urban Forestry and Arboriculture Programs.

§ 53-0307. Funding  of  department;  municipal  authorization  for local
urban forestry and arboriculture programs.
In  the  absence  of  federal  legislation  funding  the  department's
  participation   under  section  53-0305,  no  duty  is  imposed  on  the
  department hereunder. Federal funding, however, is not a prerequisite to
  local  implementation  of  municipal  urban  forestry  or  arboriculture
  programs, as herein provided; and any municipality may implement a local
  urban  forestry  or  arboriculture program within its jurisdiction under
  the authority of this  title  and  chapter.  All  charges  and  expenses
  incurred under this section by a town shall be a charge upon the taxable
  property of that part of the town outside any incorporated village.