reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.8 - Identifying comparison areas

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The applicant shall use the following as comparison areas against which the
				  impact study area is compared and contrasted pursuant to sections
				  487.9
				  and
				  487.10 
				  of this Part to evaluate potential significant and adverse disproportionate
				  environmental impacts in the impact study area:
(1) the county in which the facility is
				  proposed to be located; and
(2)
				  adjacent communities as defined in section
				  487.3(a) 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter H - Environmental Justice › Part 487 - Analyzing Environmental Justice Issues In Siting Of Major Electric Generating Facilities Pursuant To Public Service Law Article 10 › Section 487.11 - Statement of environmental justice issues

Current through Register Vol. 46, No. 28, July 10, 2024
The applicant shall prepare a statement of environmental
					 justice issues for inclusion in its application. The statement shall consist of a
					 summary of its final EJ analysis, including the evaluation of any significant and
					 adverse disproportionate environmental impacts in the impact study area. The
					 statement shall provide a detailed explanation of the rationale for any
					 conclusions made related to EJ issues and identify the individual studies and
					 investigations relied upon in conducting each element of the EJ analysis. The
					 applicant shall articulate the reasons why the proposed measures to avoid,
					 minimize, or offset any disproportionate environmental impacts of the proposed
					 facility will, to the maximum extent practicable, avoid, minimize or offset any
					 identified significant and adverse disproportionate impacts, including a
					 description of the manner in which such measures can be verified and a statement
					 of the cost of such measures.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 490 - Projected Sea-Level Rise › Section 490.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
This Part establishes science-based projections of sea-level
					 rise for New York State's tidal coast, including the marine coasts of Nassau,
					 Suf-folk and Westchester counties and the five boroughs of New York City, and the
					 main stem of the Hudson River, north from New York City to the federal dam at
					 Troy.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 490 - Projected Sea-Level Rise › Section 490.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to consideration of sea-level rise by the
					 Department, other State agencies, and applicants for relevant permits, approvals,
					 and funding in the context of programs specified in the Community Risk and
					 Resiliency Act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 490 - Projected Sea-Level Rise › Section 490.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
					 apply:
(a) '2020s'. The years 2020
				  through 2029.
(b) '2050s'. The years
				  2050 through 2059.
(c) '2080s'. The
				  years 2080 through 2089.
(d)
				  'Baseline level'. The average level of the surface of marine or tidal water over
				  the years 2000 through 2004.
(e)
				  'ClimAID model outputs'. Projections based on the outputs of global climate
				  models, downscaled to New York, and additional information, including information
				  to account for anticipated changes in the rates of ice melt that cannot yet be
				  more rigorously included in quantitative models.
(f) 'Community Risk and Resiliency Act'.
				  Chapter 355 of the Laws of 2014.
(g)
				  'Department'. The New York State Department of Environmental
				  Conservation.
(h) 'High-medium
				  projection'. The amount of sea-level rise that is unlikely (the 75th percentile
				  of ClimAID model outputs) to be exceeded by the specified time
				  interval.
(i) 'High projection'. The
				  amount of sea-level rise that is associated with high rates of melt of land-based
				  ice and is very unlikely (the 90th percentile of ClimAID model outputs) to be
				  exceeded by the specified time interval.
(j) 'Long Island Region'. The marine coast of Nassau and Suffolk
				  counties.
(k) 'Lower Hudson-New York
				  City Region'. The main stem of the Hudson River, south from the mouth of Rondout
				  Creek at Kingston, New York, and the marine coast of the five boroughs of New
				  York City and the Long Island Sound in Westchester County.
(l) 'Low-medium projection'. The amount of
				  sea-level rise that is likely (the 25th percentile of ClimAID model outputs) to
				  be exceeded by the specified time interval.
(m) 'Low projection'. The amount of sea-level
				  rise that is consistent with historical rates of sea-level rise and is very
				  likely (the 10th percentile of ClimAID model outputs) to be exceeded by the
				  specified time interval.
(n) 'Medium
				  projection'. The amount of sea-level rise that is about as likely as not (the
				  mean of the 25th and 75th percentiles of ClimAID model outputs) to be exceeded by
				  the specified time interval.
(o)
				  'Mid-Hudson Region'. The main stem of the Hudson River, from the federal dam at
				  Troy to the mouth of Rondout Creek at Kingston, New York.
(p) 'Sea-level rise'. The increase in the
				  average level of the surface of marine or tidal water for the specified
				  geographic region.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 490 - Projected Sea-Level Rise › Section 490.4 - Projections

Current through Register Vol. 46, No. 28, July 10, 2024
The tables in subdivisions (a), (b), and (c) of this section
					 establish projected sea-level rise for the specified geographic region relative
					 to the baseline level.
(a) Mid-Hudson
				  Region
Time Interval
Low Pro-jection
Low-
							 Medium Projec-tion
Medium Projec-tion
High- Medium Projec-tion
High Pro-jection
2020s
1 inch
3 inches
5
							 inches
7 inches
9 inches
2050s
5 inches
9 inches
14
							 inches
19 inches
27 inches
2080s
10 inches
14 inches
25
							 inches
36 inches
54 inches
2100
11 inches
18 inches
32
							 inches
46 inches
71 inches
(b)
				  New York City/Lower Hudson Region
Time Interval
Low Pro-jection
Low-
							 Medium Projec-tion
Medium Projec-tion
High- Medium Projec-tion
High Pro-jection
2020s
2 inch
4 inches
6
							 inches
8 inches
10 inches
2050s
8 inches
11 inches
16
							 inches
21 inches
30 inches
2080s
13 inches
18 inches
29
							 inches
39 inches
58 inches
2100
15 inches
22 inches
36
							 inches
50 inches
75 inches
(c)
				  Long Island Region
Time Interval
Low Pro-jection
Low-
							 Medium Projec-tion
Medium Projec-tion
High- Medium Projec-tion
High Pro-jection
2020s
2 inch
4 inches
6
							 inches
8 inches
10 inches
2050s
8 inches
11 inches
16
							 inches
21 inches
30 inches
2080s
13 inches
18 inches
29
							 inches
39 inches
58 inches
2100
15 inches
21 inches
34
							 inches
47 inches
72 inches
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-1 - Climate Smart Community Projects - Definitions › Section 492-1.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Clean vehicle
					 projects'. Projects undertaking an eligible purchase or lease of an eligible
					 vehicle, or installation of eligible infrastructure for public charging and/or
					 fueling of eligible vehicles.
(b)
					 'Climate adaptation and mitigation projects'. Projects funded pursuant to this
					 title that shall include:
(1) The construction
					 of natural resiliency measures, conservation or restoration of riparian areas and
					 tidal marsh migration areas;
(2)
					 Nature-based solutions to address physical climate risk due to sea level rise,
					 and/or storm surges and/or flooding, based on available data predicting the
					 likelihood of future extreme weather events, including hazard risk analysis data
					 if applicable;
(3) Relocation or
					 retrofit of facilities to address physical climate risk due to sea level rise,
					 and/or storm surges and/or flooding based on available data predicting the
					 likelihood of future extreme weather events, including hazard risk analysis data
					 if applicable;
(4) Flood risk
					 reduction;
(5) Greenhouse gas
					 emission reductions outside the power sector;
(6) Enabling communities to become certified
					 under the climate smart communities program, including by developing natural
					 resources inventories, right sizing of municipal fleets and developing climate
					 adaptation strategies; and
(7)
					 Climate change adaptation planning and supporting studies, including but not
					 limited to vulnerability assessment and risk analysis of municipal drinking
					 water, wastewater, and transportation infrastructure.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-2 - Clean Vehicle Projects › Section 492-2.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart describes rebates available to municipalities
						for the purchase or lease of eligible vehicles (up to $5,000 per vehicle and no
						less than $750 per vehicle), and eligible infrastructure projects which support
						the public charging and/or fueling of eligible vehicles (up to $250,000 per
						facility).
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-2 - Clean Vehicle Projects › Section 492-2.2 - Application procedure for State rebates

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality shall make an application
					 (in the manner described in the current Request for Applications issued by the
					 Department) for a State rebate to be applied to the cost of a clean vehicle
					 project. An application schedule, including a submission deadline, will be
					 published at the time a Request for Applications is issued. The application shall
					 identify an individual representative of the municipality who shall be authorized
					 to sign said application as well as any contracts between the State and the
					 municipality which may be required in order to qualify the municipality for a
					 State rebate.
(b) At the request of
					 the Department, the municipality shall provide any additional information,
					 documents, or other material that the Department deems necessary to evaluate the
					 municipality's eligibility for State rebates.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-2 - Clean Vehicle Projects › Section 492-2.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
					 the parameters provided for in the Request for Applications, individual rebate
					 amounts will be determined annually based on factors including electric range of
					 eligible vehicles (for vehicle purchase or lease projects) and cost effectiveness
					 of the proposed infrastructure (for infrastructure installation
					 projects).
(b) Matching funds
					 requirements, if applicable, shall be specified in the Request for
					 Applications.
(c) All contract
					 documents prepared by the municipality for the construction of clean vehicle
					 projects pursuant to this Part shall conform to all Federal, State and local
					 laws, ordinances, rules and regulations.
(d) The municipality shall provide the
					 Department with monitoring information, or else allow the Department access to
					 collect information, that documents or estimates the greenhouse gas reductions
					 achieved as a result of the clean vehicle project.
(e) The expected useful life of a vehicle
					 purchase or lease project is a minimum of three years, and an infrastructure
					 installation project is a minimum of ten years.
(f) For all clean vehicle projects where an
					 applicant municipality develops, improves, restores or rehabilitates real
					 property that is not owned by the municipality, it shall obtain a climate change
					 mitigation easement from the owner of the real property.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-2 - Clean Vehicle Projects › Section 492-2.4 - Approval of projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Vehicle purchase or lease rebate applications will be screened for eligibility
					 and, if eligible, shall be awarded in the order submitted based on earliest time
					 of submission until funding is exhausted or until the deadline specified in the
					 current Request for Applications, whichever is first.
(b) Infrastructure installation rebate
					 applications will be evaluated through a two-step process. The first step will
					 determine basic project eligibility and the second step will grade the
					 application based on project-specific factors. Infrastructure projects that are
					 eligible and meet a minimum threshold for project-specific factors will be
					 awarded rebates in the order submitted based on earliest time of submission until
					 funding is exhausted or until the deadline specified in the current Request for
					 Applications, whichever is first. The Department shall determine and publish on
					 its website on an ongoing basis the amount of available funding for rebates
					 remaining in each fiscal year.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-2 - Clean Vehicle Projects › Section 492-2.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
					 payments of the State grant will be made at the request of the municipality, and
					 will be based on the cost of the work performed, materials and equipment supplied
					 and incorporated in, and services rendered in connection with, an approved
					 project.
(b) If the municipality
					 fails to comply with any of the requirements of the Environmental Conservation
					 Law or regulations of the Department applicable to the project, the Department
					 may withhold all or part of further payments pending compliance.
(c) Upon notification from the municipality
					 that the project is complete, the Department will determine if the project is
					 operating in accordance with applicable laws and regulations. The cost of any
					 work completed after the final determination, or after a date established by the
					 Department at the final determination, will not be considered part of the project
					 cost.
(d) A final payment, which
					 brings the total of State grant payments to 100 percent of the State share of the
					 project cost, will be released upon determination by the Department that the
					 project is complete and is operating satisfactorily, and that all grant
					 requirements have been met. If the project is complete but not operating
					 satisfactorily, the Department may withhold from the final payment an amount
					 sufficient, in the judgment of the Department, to ensure correction of
					 deficiencies. The amount withheld will be released when deficiencies are
					 corrected.
(e) Total grant payments
					 may not exceed the State share of either the estimated reasonable cost or the
					 actual project cost, whichever is lower after deducting any other State or
					 Federal funds received or to be received for the project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-3 - Climate Change Adaptation and Mitigation Projects › Section 492-3.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Subpart describes competitive state assistance
						payments available to municipalities for climate adaptation and mitigation
						projects (up to $2,000,000) including, but not limited to, natural resiliency
						measures, nature based mitigation projects, relocation or retrofit of existing
						facilities due to flooding or sea level rise, greenhouse gas emissions reduction
						outside the power sector, and climate change adaptation planning and supporting
						studies.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-3 - Climate Change Adaptation and Mitigation Projects › Section 492-3.2 - Application procedure for State assistance

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A municipality shall make an application
					 (in the manner described in the current Request for Applications issued by the
					 Department) for State assistance to be applied to the cost of a climate
					 adaptation or mitigation project. An application schedule, including a submission
					 deadline, will be published at the time a Request for Applications is issued. The
					 application shall identify an individual representative of the municipality who
					 shall be authorized to sign the application as well as any contracts between the
					 State and the municipality which may be required in order to qualify the
					 municipality for a State rebate.
(b)
					 At the request of the Department, the municipality shall provide any additional
					 information, documents, or other material that the Department deems necessary to
					 evaluate the municipality's eligibility for State rebates.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-3 - Climate Change Adaptation and Mitigation Projects › Section 492-3.3 - State requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Within
					 the parameters provided for in the Request for Applications, individual grant
					 limits and eligible project types will be determined based on factors including
					 State and department priorities, appropriations, and the availability of
					 scientifically-supported climate projections and other climate change
					 research.
(b) State assistance
					 payments shall not exceed fifty percent of the project cost or two million
					 dollars, whichever is less.
(c) All
					 contract documents prepared by the municipality for the construction of climate
					 adaptation and mitigation projects pursuant to this Part shall conform to all
					 Federal, State and local laws, ordinances, rules and regulations.
(d) The municipality shall provide the
					 Department with monitoring information as outlined in the current Request for
					 Applications that documents or estimates the climate adaptation or mitigation
					 benefits achieved as a result of the project.
(e) The expected useful life of a climate
					 adaptation and mitigation project is a minimum of ten years.
(f) For all climate change adaptation and
					 mitigation projects where an applicant municipality develops, improves, restores
					 or rehabilitates real property that is not owned by the municipality, it shall
					 obtain a climate change mitigation easement from the owner of the real
					 property.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-3 - Climate Change Adaptation and Mitigation Projects › Section 492-3.4 - Approval of Projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 Department will issue, on a competitive basis, within amounts appropriated, state
					 assistance payments towards the cost of eligible climate change mitigation or
					 adaptation projects provided that the Department determines that the municipality
					 has considered future physical climate risk due to sea level rise, and/or storm
					 surges and/or flooding, based on available data predicting the likelihood of
					 future extreme weather events, including hazard risk analysis data if
					 applicable.
(b) The Department shall
					 outline specific scoring criteria applicable to the eligible project types in a
					 Request for Applications. These criteria shall include:
(1) financial hardship;
(2) project readiness;
(3) project criticality;
(4) effectiveness of the proposal;
(5) planning context;
(6) quality of the application; and
(7) reasonableness of cost.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 492 - Climate Smart Community Projects › Subpart 492-3 - Climate Change Adaptation and Mitigation Projects › Section 492-3.5 - Payments

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Installment
					 payments of the State grant will be made at the request of the municipality, and
					 will be based on the cost of the work performed, materials and equipment supplied
					 and incorporated in, and services rendered in connection with, an approved
					 project.
(b) The Department will
					 retain five percent from each payment except the final payment.
(c) If the municipality fails to comply with
					 any of the requirements of the Environmental Conservation Law or regulations of
					 the Department applicable to the project, the Department may withhold all or part
					 of further payments pending compliance.
(d) Upon notification from the municipality
					 that the project is complete, the Department will determine if the project is
					 operating in accordance with applicable laws and regulations. The cost of any
					 work completed after the final determination, or after a date established by the
					 Department at the final determination, will not be considered part of the project
					 cost.
(e) A final payment, which
					 brings the total of State grant payments to 100 percent of the State share of the
					 project cost, will be released upon determination by the Department that the
					 project is complete and is operating satisfactorily, and that all grant
					 requirements have been met. If the project is complete but not operating
					 satisfactorily, the Department may withhold from the final payment an amount
					 sufficient, in the judgment of the Department, to ensure correction of
					 deficiencies. The amount withheld will be released when deficiencies are
					 corrected.
(f) Total grant payments
					 may not exceed the State share of either the estimated reasonable cost or the
					 actual project cost, whichever is lower after deducting any other State or
					 Federal funds received or to be received for the project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 494 - Hydrofluorocarbon Standards and Reporting › Section 494.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part adopts
				  prohibitions for certain hydrofluorocarbon substances in air conditioning and
				  refrigeration equipment, aerosol propellants, and foam end-uses.
(b) The purpose of this Part is to control the
				  emissions of greenhouse gases as a component of air pollution and driver of
				  climate change, and to provide for the protection of the environment and natural
				  resources of the State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 494 - Hydrofluorocarbon Standards and Reporting › Section 494.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part applies
				  to any person who sells, offers for sale, installs, uses, or enters into commerce
				  in the State of New York, any substance in end-uses listed in Section 494.4  of
				  this Part.
(b) Substances used in
				  end-uses listed in Section 494.5  of this Part are exempt from the prohibitions
				  listed in Section 494.4  of this Part.
(c) Except where an existing system is retrofit
				  after the applicable prohibition date, nothing in this regulation requires a
				  person that acquired a product or equipment containing a prohibited substance
				  prior to the applicable date of prohibition listed in Section 494.4  of this Part
				  to cease use of that product or equipment. Products or equipment manufactured
				  prior to the applicable prohibition specified in listed in Section 494.4  of this
				  Part may be sold, imported, exported, transported, distributed, installed,
				  serviced, and used after the applicable prohibition date.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 494 - Hydrofluorocarbon Standards and Reporting › Section 494.6 - Administrative Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any
				  person who manufactures for sale or entry into commerce in the State of New York
				  new motor-bearing equipment or new foam products in the end-uses listed and after
				  the applicable prohibition dates in Section 494.4  of this Part, must provide:
(i) a written disclosure statement to the buyer
				  as part of the sales transaction and invoice; or
(ii) a label on the equipment, product, or its
				  packaging.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 494 - Hydrofluorocarbon Standards and Reporting › Section 494.7 - Record-Keeping Requirements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As of
				  the applicable prohibition date listed in Section 494.4  of this Part, any person
				  who manufactures for sale or entry into commerce in the State of New York new
				  motor-bearing equipment or new foam product in the end-uses listed in Section
				  494.4  of this Part must maintain for five years and make available within 90 days
				  upon request by the Department a copy of the following information:
1. Name, address, telephone number, and email
				  address of the person purchasing the equipment or foam product, where provided to
				  the manufacturer;
2. The type of
				  equipment or foam product end-use;
3.
				  Model and serial number of the equipment or foam product, where applicable. When
				  the affected equipment is part of an assembly without an individual serial
				  number, the serial number of each component must be recorded. If a component or
				  equipment does not have an individual serial number or the serial number is
				  inaccessible after assembly, the physical description must be recorded in enough
				  detail for positive identification;
4. Date of manufacture of the equipment or foam
				  product;
5. Date of sale of the
				  equipment or foam product;
6. The
				  substances that are intended to be used with the equipment or foam
				  product;
7. The full charge capacity
				  of the equipment or container, where applicable; and
8. A copy of the written disclosure statement
				  or label issued to the buyer or recipient.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 494 - Hydrofluorocarbon Standards and Reporting › Section 494.8 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
Each provision of this Part shall be deemed severable, and in
					 the event that any provision of this Part is held to be invalid, the remainder of
					 this Part shall continue in full force and effect.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 496 › Section 496.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part adopts
				  limits on the emissions of greenhouse gases from across the State and all sectors
				  of the State economy for the years 2030 and 2050, as a percentage of 1990
				  emission levels of 60 percent and 15 percent, respectively, as established in the
				  Climate Leadership and Community Protection Act, chapter 106 of the Laws of
				  2019.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 496 › Section 496.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a) This Part applies
				  to all parts of the State and to all State agencies, offices, authorities, and
				  divisions in the context of programs, regulations, decisions, and planning
				  documents specified in the Climate Leadership and Community Protection
				  Act.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 496 › Section 496.3 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following definitions
					 apply:
(a) 'Anthropogenic greenhouse
				  gases.' Greenhouse gas emissions resulting from or produced by human
				  activities.
(b) 'Carbon Dioxide
				  Equivalent.'The amount of carbon dioxide by mass that would produce the same
				  global warming impact as the given mass of another greenhouse gas over a specific
				  time frame, as determined by the IPCC, and as provided in Section 496.5  of this
				  Part.
(c) 'Greenhouse Gas.' Gaseous
				  constituents of the atmosphere that absorb and emit radiation at specific
				  wavelengths within the spectrum of terrestrial radiation emitted by the Earth's
				  surface, the atmosphere itself, and by clouds. For the purposes of the Part, this
				  includes substances provided in Section 496.5  of this Part.
(d) 'GWP20.' An assessment of the Global
				  Warming Potential of greenhouse gases over an integrated twenty-year time
				  frame.
(e) 'IPCC.' Intergovernmental
				  Panel on Climate Change.
(f)
				  'Statewide Greenhouse Gas Emission Limit.' The maximum allowable level of gross
				  statewide greenhouse gas emissions in a specified year.
(g) 'Statewide Greenhouse Gas Emissions.' Total
				  annual emissions of greenhouse gases produced within the state from anthropogenic
				  sources and greenhouse gases produced outside of the state that are associated
				  with the generation of electricity imported into the state and the extraction and
				  transmission of fossil fuels imported into the state, expressed in tons of carbon
				  dioxide equivalents.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 496 › Section 496.4 - Statewide greenhouse gas emission limits

Current through Register Vol. 46, No. 28, July 10, 2024
(a) For the purposes of this Part, the
				  estimated level of statewide greenhouse gas emissions in 1990 is 409.78 million
				  metric tons of carbon dioxide equivalent, using a GWP20 as provided in section
				  496.5  of this Part.
(b) For the
				  purposes of this Part, the table below establishes statewide emission limits for
				  the year specified, as a percentage of estimated 1990 statewide greenhouse gas
				  emissions of 60 percent and 15 percent, respectively, measured in millions of
				  metric tons of carbon dioxide equivalent gas using a GWP20 as provided in section
				  496.5  of this Part.
Year
Statewide greenhouse gas emission limit
							 (in million metric tons of carbon dioxide equivalent)
2030
245.87
2050
61.47
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IV - QUALITY SERVICES › Subchapter I - Climate Change › Part 496 › Section 496.5 - Greenhouse gases

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the table below provides a
					 carbon dioxide equivalent value for each greenhouse gas as provided by the IPCC
					 using GWP20.
Greenhouse Gas
Carbon dioxide equivalent value
Carbon dioxide
1
Methane
84
Nitrous oxide
264
HFC-23
10,800
HFC-32
2430
HFC-41
427
HFC-125
6090
HFC-134
3580
HFC-134a
3710
HFC-143
1200
HFC-143a
6940
HFC-152
60
HFC-152a
506
HFC-161
13
HFC-227ca
5080
HFC-227ea
5360
HFC-236cb
3480
HFC-236ea
4110
HFC-236fa
6940
HFC-245ca
2510
HFC-245cb
6680
HFC-245ea
863
HFC-245eb
1070
HFC-245fa
2920
HFC-263fb
278
HFC-272ca
530
HFC-329p
4510
HFC-365mfc
2660
HFC-43-10mee
4310
HFC-1132a
<1
HFC-1141
<1
(Z)-HFC-1225ye
<1
(E)-HFC-1225ye
<1
(Z)-HFC-1234ze
1
HFC-1234yf
1
(E)-HFC-1234ze
4
(Z)-HFC-1336
6
HFC-1243zf
1
HFC-1345zfc
<1
3,3,4,4,5,5,6,6,6-Nonafluorohex-1-ene
<1
3,3,4,4,5,5,6,6,7,7, 8,8,9,9,10,10,10-
								Heptadecafluorodec-1-ene
<1
Nitrogen trifluoride
12,800
Sulphur hexafluoride
17,500
PFC-14
4880
PFC-116
8210
PFC-c216
6850
PFC-218
6640
PFC-318
7110
PFC-31-10
6870
Perfluorocyclopentene
7
PFC-41-12
6350
PFC-51-14
5890
PFC-61-16
5830
PFC-71-18
5680
PFC-91-18
5390
Perfluorodecalin (cis)
5430
Perfluorodecalin (trans)
4720
PFC-1114
<1
PFC-1216
<1
Perfluorobuta-1,3-diene
<1
Perfluorobut-1-ene
<1
Perfluorobut-2-ene
6
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
As used in this Part, the following words and phrases shall
					 have the indicated meanings.
(a)
				  Commissioner shall mean the Commissioner of Environmental
				  Conservation.
(b) Department shall
				  mean the Department of Environmental Conservation.
(c) Emergency shall mean a condition or
				  activity which presents an imminent danger to the health, safety or welfare of
				  the people of the State or results in or is likely to result in irreversible or
				  irreparable damage to natural resources.
(d) Flood control works shall mean any
				  completed flood control project or a portion thereof, formally turned over to
				  the state, including but not limited to levees, floodwalls, channel
				  improvements, ponding areas, pumping stations, drainage structures, reservoirs,
				  dams, quarries, gravel pits, borrow pits and spoil banks.
(e) Flood control land shall mean any land or
				  interest in land acquired for flood control purposes.
(f) Governmental body shall mean a local
				  government, a public corporation or authority, or any other agency or
				  instrumentality of the State or any local government.
(g) Lawn maintenance equipment shall mean
				  devices or tools which are used exclusively for maintenance of lawns but not
				  including any device or tool which during normal use could substantially damage
				  the sod.
(h) Regulated activity
				  shall mean any change in or addition to land or any structure thereon,
				  including but not limited to, any activity which results in destruction of
				  trees, shrubs and other vegetation, changing any feature of the existing
				  landscape, addition of gutters, sidewalks, driveways, parking lots or spaces,
				  outdoor lighting, installation of utilities, or operation of a motor vehicle or
				  snowmobile.
(i) Motor vehicle shall
				  mean a vehicle operated or driven by any power other than muscular power
				  except:
(1) vehicles that run only upon rails
				  or tracks; and
(2) invalid chairs
				  being operated or driven by an invalid.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
These regulations apply to issuance of a permit for any
					 regulated activity on flood control lands under the jurisdiction of the
					 department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.3 - Permits required

Current through Register Vol. 46, No. 28, July 10, 2024
No person shall undertake any regulated activity on flood
					 control lands without having first obtained a permit. No permit shall be
					 required for the operation of lawn maintenance equipment on such lands nor
					 shall a permit be required of an owner or lessee for entry on flood control
					 lands for purposes of access to agricultural lands adjacent to flood control
					 land where there exists no reasonable alternate means of access and provided
					 further that such use for access does not impair the integrity of flood control
					 facilities or impede their maintenance and operation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.4 - Application for permit

Current through Register Vol. 46, No. 28, July 10, 2024
An application for permit accompanied by the required
					 nonrefundable fee shall be filed with the regional office of the department on
					 forms supplied by the department and shall contain such information as the
					 commissioner shall require in order to determine whether the proposed activity
					 will impair the operation of flood control works or impede the maintenance
					 thereof, including access for operation and maintenance. Maps, plans, drawings
					 and similar supporting information shall be on sheets not to exceed 30 by 48
					 inches. Review of the application and supporting information shall begin only
					 after all necessary information has been furnished by the applicant. The
					 nonrefundable fees shall be as follows:
(a) $25 for applications for permits for
				  residential property when the applicant is the owner or tenant; and
(b) $75 for all applications other than
				  subdivision (a) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.5 - Issuance of permit

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  commissioner will issue a permit if he determines that the proposed activity
				  will neither impair the operation of any flood control works or impede the
				  maintenance thereof, including access for operation and maintenance. The
				  issuance of a permit under this Part is for purposes of Article 8 of the
				  Environmental Conservation Law a type II action. However, the applicant for a
				  permit is still responsible for compliance with Article 8 if it is otherwise
				  applicable.
(b) The permit shall
				  contain such conditions, including the term thereof, as the commissioner deems
				  necessary to insure that the proposed activity will neither impair the
				  operation of any flood control works or impede the maintenance thereof,
				  including access for operation and maintenance. No person shall fail to comply
				  with the provisions of this permit.
(c) No permit may be assigned or transferred
				  without prior written approval of the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.6 - Revocation of permits

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may, after notice and an opportunity to be
					 heard is given to the permittee, suspend or revoke a permit if he determines
					 that any condition of the permit has been, is being, or is about to be violated
					 or that the permitted activity will impair the operation of any flood control
					 works or impede the maintenance thereof, including access for operation and
					 maintenance; provided, however, that in an emergency the commissioner may
					 suspend or revoke a permit without giving a prior notice or an opportunity to
					 be heard, if such notice and such opportunity to be heard are given within a
					 reasonable time after suspension or revocation of the permit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.7 - Permits for regulated activities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An applicant for a permit for a regulated
				  activity shall furnish the department a certificate of insurance on a form
				  provided by the department and in the amount determined by the department to be
				  sufficient to cover potential damages.
(b) The permittee shall notify the department
				  of the date of the commencement of the work authorized by the permit at least
				  seven days prior to such commencement.
(c) The permittee shall promptly notify the
				  department of the completion of the work authorized by the permit.
(d) An appropriate nonrefundable fee shall
				  accompany each application for a permit; provided, however, that the permit fee
				  may be waived by the commissioner if the applicant is a governmental body, or
				  the commissioner determines, upon an affidavit setting forth sufficient
				  information regarding the applicant's income and property, that the applicant
				  is unable to pay the fee.
(e) The
				  permittee shall replace or repair flood control works, monuments or other
				  markers on flood control lands, disturbed by the activity authorized by the
				  permit, in a manner satisfactory to the department.
(f) The permittee may, in the commissioner's
				  discretion, be required to post a bond, undertaking or other acceptable surety
				  to insure compliance with all conditions of the permit and proper restoration
				  of the flood control lands disturbed as the result of the authorized
				  activity.
(g) The work performed by
				  the permittee pursuant to the permit shall not interfere with the operation and
				  maintenance of any flood control works.
(h) Whenever the authorized activity is
				  conducted, the permit or copy thereof shall be in the possession of the
				  permittee, or his representative, present at the site of the activity. Upon a
				  request by an employee of the department or any person empowered to enforce
				  this Part, the permit or copy thereof shall promptly be displayed.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.8 - Permit term

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A permit
				  for a regulated activity shall specify an expiration date. The permit may be
				  extended only upon written request by the permittee to the department's
				  regional office at least one month before expiration. The permittee shall
				  furnish such information as the department may require to determine if the
				  extension shall be granted. After review of the request for extension, the
				  permittee will be given written notice as to whether or not the permit is to be
				  extended.
(b) If, during the term
				  of this permit, the permittee fails to engage in the permitted activities or
				  fails to use the permitted facilities, in whole or in part, for a continuous
				  period of more than two years, the permit and all authorizations under the
				  permit shall be deemed abandoned and the permit shall automatically
				  expire.
(c) Upon expiration of the
				  permit, or if the permit is abandoned, relinquished, suspended or revoked, the
				  facilities authorized by the permit shall be removed or modified by the
				  permittee, at the permittee's expense and as directed by the department, so as
				  to protect the integrity of the flood control works or to restore the flood
				  control works to their original condition or other condition satisfactory to
				  the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter A - Land Use › Part 501 - Use Of Flood Control Lands › Section 501.9 - Permits for operation of a snowmobile or motor vehicle

Current through Register Vol. 46, No. 28, July 10, 2024
(a) A fee of $25 shall be charged for the
				  issuance of a permit to operate a snowmobile or motor vehicle on flood control
				  lands; provided, however, that no fee shall be charged for a permit which
				  authorizes operation of a vehicle solely on lands owned or leased by the
				  permittee or members of his/her immediate family if the vehicle is owned or
				  leased by the permittee or members of his/her immediate family.
(b) Such permit shall be valid for a period
				  of not more than one year.
(c) A
				  permittee shall not operate any snowmobile or motor vehicle in such a manner as
				  to interfere with the operation or maintenance of any flood control works or
				  disrupt, disturb or damage any flood control works or operations.
(d) A permit shall authorize only the
				  permittee named on the permit to operate the snowmobile or motor vehicle, the
				  serial number and description of which is specified on the permit, in the
				  geographical area described in the permit; provided, however, that a group
				  permit for the purpose of conducting an organized activity may be issued to the
				  sponsor of such activity without requiring names of all the participants or
				  serial numbers and descriptions of their vehicles.
(e) The holder of a group permit shall:
(1) acquaint the participants in the activity
				  of the pertinent rules, regulations and permit conditions;
(2) furnish the department with a certificate
				  of insurance for the activity or with certificates of insurance for each
				  participant in the amount required pursuant to subdivision (g) of this section;
				  and
(3) be personally liable for
				  any damages not collectible as the result of failure to comply with
				  department's insurance requirements.