reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.6 - Reimbursable expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
The following expenditures shall be eligible for
					 reimbursement as authorized expenditures for an eligible project.
(a) Personal service. The wages of
				  professional and staff personnel assigned to, authorized by, and paid by
				  council. The services of personnel assigned from another county or municipal
				  agency to undertake work for the council may be reimbursable if approved in
				  advance by the commissioner. Such approval may be given for services actually
				  performed for the council regardless of the percentage of time such personnel
				  spend in work for such council or of the intermittent nature of such
				  assignment. This approval is not required if the combined wages and fringe
				  benefits of any one person so assigned is expected to be less than $500 during
				  the quarterly period.
(b) Fringe
				  benefits of personnel. Contributions for retirement, social security, workers'
				  compensation, unemployment insurance, and health insurance costs.
(c) Consulting services. For special studies
				  or projects that cannot be staffed by the council or by other county or
				  municipal agencies. If contract costs exceed $500, prior approval of the
				  commissioner is required. Councils may, through intergovernmental agreements,
				  procure services and materials from other municipalities. Such agreements are
				  considered consulting contracts and prior approval requirements
				  apply.
(d) Operation and
				  maintenance expenditures.
(1) Travel expense
				  (including attendance at conferences, meetings, staff field work,
				  etc.).
(2) Automobile mileage at
				  the standard county or municipal government rate, but not to exceed the State
				  rate.
(3) Miscellaneous office
				  supplies and expenses, including short-term rental of equipment.
(4) Purchase of office equipment, if used
				  exclusively for council work.
(5)
				  Printing and advertising.
(6)
				  Communication expenses.
(7) Utility
				  expenses.
(8) Office and other
				  space rental costs, but only if such rental costs normally would be payable by
				  the county or municipality for its various agencies.
(9) Office maintenance costs.
(10) Books, periodicals, reference materials,
				  insofar as they are germane to the council and a part of its library.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.7 - Nonreimbursable expenditures

Current through Register Vol. 46, No. 28, July 10, 2024
The following expenditures shall not be
					 reimbursable:
(a) Any capital
				  expenditures, such as those for land acquisition, land development or
				  facilities construction, or engineering studies related thereto.
(b) Purchase of automobiles or other
				  vehicles.
(c) Long-term rentals of
				  equipment, unless prior approval has been obtained from the
				  commissioner.
(d) Any expenditure
				  that already has been matched by Federal or State categorical grants or funds,
				  excluding general revenue sharing funds.
(e) Work performed by county, municipal or
				  other agencies for the council for which no charge would normally be made if
				  the same service was performed for others.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.8 - Cooperative projects

Current through Register Vol. 46, No. 28, July 10, 2024
Two or more councils may join in cooperative projects that
					 will be of benefit to all participants. Such endeavors may include, but are not
					 limited to, the hiring of consultants, employment of personnel, conduct of
					 studies and investigations, and the gathering of natural resource inventory
					 data. Participating councils must arrange to be billed separately for their
					 respective shares (which do not have to be equal) of the cost. A unified
					 cooperative project budget is not authorized. Cooperative projects exceeding a
					 total value of $500 require prior approval of the
					 commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 636 - State Aid For Environmental Management Councils And For Conservation Advisory Councils › Section 636.9 - Competitive grants

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may award competitive grants to councils
					 to conduct specified projects or activities. Prior to awarding such grants, the
					 commissioner will issue a notification of the availability of the grant funds,
					 including:
(a) eligibility criteria
				  for receipt of grant funds;
(b) the
				  types of projects, activities and expenses that would be eligible for funding
				  under the grant program;
(c)
				  application procedures, deadlines and criteria for selection of applications
				  for grant funding;
(d) the
				  application review procedure, including review committee composition;
(e) the amount for funding available for the
				  grant program, including maximum grant amounts, provisions for partial advance
				  payment and local cost sharing ratio; and
(f) project performance standards and
				  reporting requirements.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions of this Part establish qualifications for
					 persons engaged in environmental conservation activities for agencies seeking
					 to obtain State aid pursuant to section 3-0117  of the Environmental Conservation
					 Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.3 - Grades established in environmental conservation

Current through Register Vol. 46, No. 28, July 10, 2024
There are hereby established the following grades of
					 environmental engineers, environmental scientists, environmental technicians
					 and environmental aides: environmental engineer trainee, assistant
					 environmental engineer, senior environmental engineer, associate environmental
					 engineer, principal environmental engineer, environmental scientist trainee,
					 assistant environmental scientist, senior environmental scientist, associate
					 environmental scientist, principal environmental scientist, environmental
					 technician trainee, environmental technician, senior environmental technician,
					 principal environmental technician, and environmental aide.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.4 - Employment of persons in environmental conservation programs

Current through Register Vol. 46, No. 28, July 10, 2024
(a) No agency shall hereafter employ
				  individuals who perform the functions of environmental engineer, environmental
				  scientist, environmental technician or environmental aide, as detailed in this
				  Part, unless the proposed appointee shall have presented in advance to such
				  authority satisfactory evidence from the department that the applicant
				  possesses the qualifications established by sections
				  637.6 through
				  637.9  of this Part.
(b) Persons responsible for planning,
				  directing and administering all environmental conservation programs and those
				  responsible for engineering functions in environmental conservation agencies
				  shall have the qualifications approved at the levels shown in the following
				  table, depending upon population of jurisdiction:
TABLE Required Levels for Certain
					 Functions
Population of jurisdiction
								agency
Required minimum level for individual
								responsible for planning, directing, and administering all environmental
								conservation programs
Minimum level required for individual
								responsible for all engineering functions in the agency
350,000 or greater
Principal environmental engineer or principal
								environmental scientist
Associate environmental engineer
Over 100,000 but less than 350,000
Associate environmental engineer or associate
Senior environmental engineerX
Less than 100,000
Senior environmental engineer or senior environmental
								scientist
Senior environmental engineer
(c)
				  The provisions of sections
				  637.6 through
				  637.9  of this Part shall not
				  interfere with the appointment of any person from a civil service list
				  established prior to November 30, 1977, nor shall they interfere with the
				  continued employment or advancement of an individual appointed from a civil
				  service list prior to November 30, 1977 within a particular occupational series
				  under the jurisdiction of these sections.
(d) The provisions of sections
				  637.6 through
				  637.9  of this Part shall not
				  interfere with the appointment or employment of any individual by a local
				  health department, providing that individual is qualified under appropriate
				  regulations of the State Department of Health.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.5 - Advanced academic degrees

Current through Register Vol. 46, No. 28, July 10, 2024
A master's degree or doctorate in engineering and/or public
					 health and/or natural science acceptable to the commissioner may be honored in
					 lieu of one or two years, respectively, of general environmental experience
					 required by sections
					 637.6
					 through
					 637.8 
					 of this Part. However, when credit is allowed for a doctor's degree, no
					 additional credit is allowed for a master's degree.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.6 - Qualifications and primary functions for environmental engineers

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  environmental engineer applies the principles and data of engineering and
				  natural and social sciences for the protection and improvement of the
				  environment. The basic qualifications for an environmental engineer in any
				  grade established in this Part shall be graduation with a baccalaureate in
				  engineering from an accredited school, college, university or other institution
				  of learning.
(b) Environmental
				  engineer trainee.
(1) Primary functions. An
				  environmental engineer trainee assists higher ranking engineers in the
				  performance of professional field and office work under close and continuing
				  supervision while participating in an approved training program.
(2) Additional qualifications.
(i) Satisfactory completion of a training
				  program approved by the commissioner; or
(ii) one year of satisfactory environmental
				  engineering experience.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.7 - Qualifications and primary functions for environmental scientists

Current through Register Vol. 46, No. 28, July 10, 2024
(a) An
				  environmental scientist applies the principles and data of physical, biological
				  and social sciences for the preservation and protection of the environment. The
				  basic qualification for an environmental scientist in any grade established in
				  this Part shall be graduation from an accredited school, college or other
				  institution of learning with a bachelor's degree in biology, chemistry, physics
				  or other natural science acceptable to the commissioner, including or
				  supplemented by the satisfactory work in the natural sciences or related
				  courses acceptable to the commissioner.
(b) Environmental scientist trainee.
(1) Primary functions. An environmental
				  scientist trainee assists higher ranking environmental scientists and engineers
				  in the performance of professional field and office work under close and
				  continuing supervision while participating in an approved training
				  program.
(2) Additional
				  qualifications.
(i) Satisfactory completion
				  of a training program approved by the commissioner; or
(ii) one year of satisfactory environmental
				  science experience.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.8 - Qualifications and primary functions for environmental technicians

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Primary
				  functions. An environmental technician assists environmental engineers and
				  environmental scientists in carrying out the various functions relating to
				  prevention and control programs affecting the environment, including
				  inspections, surveys, investigations and evaluations to determine compliance
				  with laws and regulations. The grades of environmental technician established
				  by an agency will be dependent upon the level of responsibility to be given the
				  environmental technician.
(b) The
				  basic qualifications for a technician in any grade herein established shall be:
(1) possession of at least an associate
				  degree in applied science; or
(2)
				  successful completion of two years or 60 semester credit hours of college,
				  including 12 semester credit hours in mathematics and natural sciences;
				  or
(3) successful completion of one
				  year or 30 semester credit hours of college, including 12 semester credit hours
				  in mathematics and natural science, and two years of satisfactory environmental
				  conservation experience; or
(4)
				  high school graduation or possession of a New York State high school
				  equivalency diploma, with a minimum of two Carnegie units in mathematics and
				  three Carnegie units in natural science, and four years of satisfactory
				  environmental conservation experience.
(5) The associate degree or college training
				  referred to in paragraphs (1), (2) and (3) of this subdivision shall be
				  acceptable to the commissioner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.9 - Qualifications and primary functions for environmental aides

Current through Register Vol. 46, No. 28, July 10, 2024
An environmental aide assists other environmental personnel
					 under direct supervision to perform tasks including but not limited to
					 collecting samples, making simple field measurements or observations, sketches
					 or diagrams, performing simple calculations and tabulating data. The basic
					 qualifications of an environmental aide shall be graduation from high school or
					 possession of a New York State high school equivalency
					 diploma.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.10 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Agencies
				  considering employing or promoting individuals as environmental engineers,
				  environmental scientists, environmental technicians or environmental aides
				  shall submit satisfactory evidence to the commissioner that those individuals
				  have had their qualifications approved under this Part prior to said employment
				  or promotion.
(b) Prior to
				  employing a trainee for a position described in this Part, the agency shall
				  file a training plan for that individual for approval by the commissioner.
				  Within 30 days after the completion of a training program, the agency shall
				  notify the commissioner.
(c) The
				  commissioner shall establish additional procedures, certificates and forms as
				  necessary for the implementation of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.11 - Submission of evidence of qualifications

Current through Register Vol. 46, No. 28, July 10, 2024
Any person may apply to the commissioner for approval of
					 his qualifications in a specific grade as herein provided.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 637 - QUALIFICATIONS FOR ENVIRONMENTAL CONSERVATION PERSONNEL › Section 637.12 - Examinations

Current through Register Vol. 46, No. 28, July 10, 2024
The commissioner may require any person whose
					 qualifications are submitted for consideration to take written, oral or
					 practical examinations, and may approve such qualifications in a specific grade
					 on the basis of the results of such examinations.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.1 - Intent and purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Intent. Green buildings minimize environmental impact and maximize the
				  preservation of open space. Section 19 
				  of the Tax Law is intended to encourage building owners and developers to
				  design, construct and operate buildings that are energy efficient, utilize
				  recycled materials, provide clean air, and incorporate renewable and energy
				  efficient power generation.
(b)
				  Purpose. The purpose of this Part is to set forth:
(1) certain standards and other requirements
				  that must be met for a base building to be a green base building and for tenant
				  space to be designated as green tenant space, as those terms are defined in
				  section 19 
				  of the Tax Law; and
(2) the methods
				  by which taxpayers must demonstrate compliance with those standards and
				  requirements to be eligible for the green building tax credit.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part applies to all base buildings and all tenant
					 spaces for which a green building credit is being sought by the taxpayer(s),
					 whether the green building credit being sought includes (or consists of) a
					 green base building credit component, green tenant space credit component or
					 green whole-building credit component, as those terms are defined in section 19 
					 of the Tax Law. This Part takes effect immediately except that with respect to
					 allowable costs paid or incurred by the taxpayer the effective date is June 1,
					 1999.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.4 - Differentiating between base building and tenant space

Current through Register Vol. 46, No. 28, July 10, 2024
This Part enumerates and explains the criteria by which
					 systems, equipment and components are classified as belonging to the base
					 building or the tenant spaces.
(a)
				  Tenant improvements to be classified as part of tenant space.
(1) All components and any other item which
				  is a tenant improvement belongs to and is part of tenant space and must be
				  treated as such for the purpose of determining compliance with the requirements
				  of this Part and section 19 
				  of the Tax Law.
(2) All tenant
				  improvements must comply with the requirements applicable to tenant space, and
				  tenant space must be evaluated inclusive of tenant improvements.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.5 - Required submissions for green building tax credit certification

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Requirements
				  for credit component certificate. The following must be submitted with an
				  application form obtained from the New York State Department of Environmental
				  Conservation in order to obtain a credit component certificate:
(1) a letter of secured funding;
(2) a demonstration and amount of the
				  allowable costs as defined in section
				  638.3(c) 
				  of this Part. The amount will be used as the basis for determining the amount
				  of tax credit that a taxpayer can claim;
(3) a written statement by the architect or
				  engineer of record verifying that:
(i) the
				  plans and specifications for the building can meet the green buildings
				  standards as indicated in section 7;
(ii) the plans and specifications for the
				  building have been certified; and
(iii) that the certified plans and
				  specifications are consistent with those approved by the municipal
				  government;
(4) a
				  written statement by the building owner stating that all required permits from
				  any local, State or Federal government agency have been obtained. The first
				  page and signature page of each permit must accompany the statement;
				  and
(5) if an owner/operator of a
				  green building, green base building or green tenant space is applying for the
				  green refrigerant component provide for under paragraph 7 of subdivision (a) of
				  section 19 
				  of the Tax Law, provide a written statement signed by the architect or engineer
				  of record confirming that all new air conditioning equipment meets the
				  requirement of section
				  638.7(m) 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.6 - Application procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Application acceptance. Eligible taxpayers may apply to the Department of
				  Environmental Conservation for a credit component certificate pursuant to
				  section 19 (c)  of the Tax Law. The
				  application must be submitted according to the following procedure: The
				  department will begin to accept applications 30 calendar days after the
				  effective date of this Part.
(b)
				  Application form. The application must conform to the format provided by the
				  New York State Department of Environmental Conservation, and must be
				  accompanied by the items referenced in section
				  638.5(a) 
				  of this Part. Two copies of the original application package for the tax
				  credit, three original cover letters and electronic copy provided on disk must
				  be submitted to:
Director
Pollution Prevention Unit
New York State Department of Environmental
					 Conservation
625 Broadway
Albany, NY 12233-8010
Attn: Green Buildings Tax Credit Eligibility
					 Application
(c) Separate
				  application(s) for building spaces.
(1) If
				  the applications for the green building credit are submitted together for a
				  base building and for all tenant spaces in the building, or for a whole
				  building, then the energy use must be calculated by analyzing the whole
				  building simultaneously, as required by section
				  638.7(c)(3)(v) 
				  of this Part.
(2) The tenant spaces
				  must demonstrate compliance with all other requirements of this Part and
				  section 19 
				  of the Tax Law together as a group.
(3) If the applications for the green
				  building credit are not submitted together for a base building and for all
				  tenant spaces in the building, then the base building and/or any tenant space
				  that applies for the tax credit must demonstrate compliance with this Part and
				  section 19 
				  of the Tax Law separately from each other.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.7 - Standards and methods for determining compliance

Current through Register Vol. 46, No. 28, July 10, 2024
This section provides the standards for each feature and
					 category of consideration for green buildings. Also, where necessary, this
					 section further specifies methods for demonstrating compliance beyond the basic
					 written certifications of compliance by the owner, applicant and appropriate
					 licensed professionals described in section
					 638.5(b) and (c) 
					 of this Part.
(a)
Appliances.
(1) Standards.
(i) The appliances installed in a base
				  building or tenant space must be models with an Energy Star®
				  label.
(ii) If the owner of a base
				  building, or the owner's agent:
(a) installs
				  in residential units;
(b) offers
				  for installation in residential units; or
(c) offers for purchase to tenants in
				  residential units of that building appliances, then all such appliances must be
				  models with an Energy Star® label.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.8 - Commissioning

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Applicability.
				  This Part sets forth the requirements for commissioning of the mechanical plant
				  of a base building. This includes:
(1) those
				  systems, equipment and components of the mechanical plant that affect energy
				  consumption; and
(2) indoor air
				  quality systems, equipment and components that affect mechanical ventilation.
				  These commissioning requirements do not apply to the mechanical plant, if any,
				  of tenant space. These requirements do not apply to components that do not
				  affect the energy use of the building, such as safety controls.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.9 - Recordkeeping and reporting

Current through Register Vol. 46, No. 28, July 10, 2024
The following information must be retained, for inspection
					 by the Department of Environmental Conservation upon request, at least until
					 there is no remaining tax credit for the taxpayer to claim.
(a) General. Any pertinent information
				  supporting that:
(1) the building meets
				  applicable laws, ordinances, codes, regulations, industry guidelines, and other
				  applicable requirements;
(2)
				  invoices demonstrating that the appliances installed in a base building or
				  tenant space are models with an Energy Star® label;
(3) the heating, cooling and service water
				  heating equipment meets all requirements in section
				  638.7(b) 
				  of this Part.
(4) the ventilation
				  and exchange of indoor/outdoor air meets requirements in section
				  638.7(e) 
				  of this Part;
(5) the ventilation
				  for smoking areas meets requirements in section
				  638.7(f) 
				  of this Part;
(6) the air purging
				  system meets requirements in section
				  638.7(g) 
				  of this Part;
(7) the fresh air
				  intakes meet requirements in section
				  638.7(h) 
				  of this Part;
(8) the materials,
				  finishes and furniture meet requirements in section
				  638.7(j) 
				  of this Part;
(9) plumbing fixtures
				  meet requirements in section
				  638.7(k) 
				  of this Part; and
(10) buildings
				  located in areas that do not have sewers or that have designated sewers meet
				  requirements in section
				  638.7(l) 
				  of this Part.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.11 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provisions of this Subchapter are held invalid, such
					 invalidity does not affect other provisions which can be given effect without
					 the invalid provisions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.12 - Enforcement

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is unlawful
				  for any person to make a false statement in connection with applications,
				  plans, specifications and/or reports submitted pursuant to this Part.
(b) Failure to comply with the provisions of
				  this Part may result in penalties as permitted under article 71 of the
				  Environmental Conservation Law.
(c)
				  Alternatively, or in addition to the action or proceeding to recover the civil
				  penalty provided by subdivision (b) of this section, the Attorney General of
				  the State of New York, upon the request of the commissioner, may institute an
				  action or proceeding to enjoin any violation of, or to enforce any provision of
				  these regulations or of any order issued pursuant thereto.
(d) Any action of proceeding commenced to
				  recover a penalty may be settled or discontinued by the Attorney General with
				  the consent of the commissioner.
(e) In addition to any action or proceeding
				  provided by subdivisions (a) and (b) of this section, if the commissioner finds
				  that a person may have filed a false written statement with the State Green
				  Buildings Tax Credit Program, the commissioner may refer the matter to the
				  Attorney General for such action, including criminal prosecution, as may be
				  appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.13 - Effective date

Current through Register Vol. 46, No. 28, July 10, 2024
This Part takes effect immediately except that with respect
					 to allowable costs paid or incurred by the taxpayer the effective date is June
					 1, 1999. This Part must be filed in the Department of Audit and Control and a
					 duplicate original copy hereof must be filed in the office of the Department of
					 State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VII - STATE AID › Subchapter B - STATE AID FOR ENVIRONMENTAL CONSERVATION PROGRAMS › Part 638 - GREEN BUILDING TAX CREDIT › Section 638.14 - Confidentiality

Current through Register Vol. 46, No. 28, July 10, 2024
Any information pertaining to manufacture, production or
					 secret processes submitted in connection with applications, reports, plans and
					 specifications or testing and designated by the person submitting such
					 information as secret or proprietary must be kept confidential as provided by
					 Part 616 of this Title dealing with trade secret confidentiality. All requests
					 for confidential treatment of information submitted to the department will be
					 handled in accordance with the procedures set forth in Part 616 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VIII - Law Enforcement › Part 641 - Enforcement Personnel › Section 641.1 - Designation of employees having peace officer powers and of those having general enforcement powers

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				Employees of the Department of Environmental Conservation having the following
				titles:
(1) superintendent of forest fire
				control;
(2) supervising district
				ranger;
(3) district
				ranger;
(4) assistant district
				ranger; and
(5) forest ranger
are designated to exercise the powers of peace officers in
				  the enforcement of provisions of articles 9, 11, 13, 15, 23, 43, 45 and 47,
				  titles 7, 9, 11 and 13 of article 21, and title 3 of article 27 of the
				  Environmental Conservation Law, and the rules, regulations and orders
				  promulgated pursuant thereto as provided in sections 71-0525 and
				  71-0907  of the Environmental
				  Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VIII - Law Enforcement › Part 641 - Enforcement Personnel › Section 641.2 - Designation of employees who shall enforce article 33 of the environmental conservation law and those portions of article 15 dealing with the use of chemicals in water

Current through Register Vol. 46, No. 28, July 10, 2024
Employees of the Department of Environmental Conservation
				  having the titles of pesticide control inspector, senior pesticide control
				  inspector or supervising pesticide control inspector are designated to enforce
				  the provisions of article 33 and section 15-0313 (4)  of the
				  Environmental Conservation Law, and the rules, regulations and orders enacted
				  or promulgated thereunder, as provided by section 71-0201  of the Environmental
				  Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VIII - Law Enforcement › Part 641 - Enforcement Personnel › Section 641.3 - Designation of employees who enforce only article 13 of the environmental conservation law

Current through Register Vol. 46, No. 28, July 10, 2024
Employees of the Department of Environmental Conservation
				  having the titles of food inspector or senior food inspector are designated to
				  enforce the provisions of article 13 of the Environmental Conservation Law, and
				  the rules, regulations and orders enacted or promulgated thereunder, as
				  provided by section 71-0201  of the Environmental
				  Conservation Law.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter VIII - Law Enforcement › Part 642 - Division Of Law Enforcement › Section 642.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
There is established a Division of Law Enforcement within the
				  Department of Environmental Conservation. The Division of Law Enforcement shall
				  be sanctioned as the New York State Environmental Conservation Police. The
				  organization of the division including, but not limited to, reporting line of
				  authority and chain of command shall be established in the policies and
				  procedures manual of the Department of Environmental
				  Conservation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-1 - General Provisions › Section 645-1.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of these regulations is to implement ECL,
						articles 43 and 71, title 33, to establish a comprehensive set of procedural
						and substantive regulations to implement the substantive authority granted to
						the commission by such statutes. In furtherance thereof, it is hereby declared
						to be the purpose and intent to carry out to the fullest extent authorized by
						the Legislature the authority granted to the commission to preserve, protect
						and enhance the resources of the park and the natural and scenic beauty of Lake
						George and its surrounding environs.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-1 - General Provisions › Section 645-1.2 - Severability

Current through Register Vol. 46, No. 28, July 10, 2024
If any provision of Part 645 or 646, or its application
						to any person or circumstance, is held invalid, it is hereby expressly declared
						to be the intent of the commission that the remainder of Parts 645 and/or 646,
						and the application thereof to any persons or circumstances, shall not be
						affected thereby.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.1 - Purpose and intent

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Subpart is to implement the
						provisions of SEQR relative to actions directly undertaken, funded or approved
						by the commission, other than exempt or excluded actions, and to otherwise
						implement SEQR to the fullest extent possible to ensure that the resources of
						the park are protected to the maximum extent possible.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.2 - Relation to part 617

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Unless otherwise specifically defined in Subpart 645-1, the terms utilized in
					 this Subpart shall have the same meaning as defined in Part 617 of this
					 Title.
(b) Unless specifically
					 provided herein, SEQR shall be administered in accordance with Part 617 of this
					 Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.3 - Cooperative agreements

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
					 commission shall offer assistance to local agencies within the park regarding
					 the implementation of SEQR.
(b) In
					 order to carry out the purposes and objectives of SEQR to the fullest extent
					 possible, and to encourage the orderly administration of SEQR where the
					 implementation of SEQR involves more than one agency, the commission may enter
					 into cooperative agreements with other agencies regularly involved in carrying
					 out or approving the same actions or classes of actions. No such agreement
					 shall provide for the delegation to or from the commission of any duty imposed
					 upon the commission or another agency to make its own independent SEQR
					 determinations, but may include an agreement as to lead agency status among
					 involved agencies regarding particular actions or classes of actions.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.4 - Environmental review procedures

Current through Register Vol. 46, No. 28, July 10, 2024
(a) As early as is possible in the
					 commission's formulation of an action it proposes to undertake, or as early as
					 is possible after the commission receives an application for funding or
					 approval of an action, the commission shall fulfill all of its responsibilities
					 under SEQR.
(b) No application for
					 a permit or an approval from the commission which is subject to the provisions
					 of SEQR shall be complete until:
(1) a short
					 or long EAF is filed with the commission, as required by SEQR;
(2) the lead agency has been designated
					 pursuant to SEQR, if required;
(3)
					 it has been determined whether or not the action may have a significant effect
					 on the environment and a positive or negative declaration has been issued;
					 and
(4) if it has been determined
					 that a project may have a significant effect on the environment, a DEIS has
					 been accepted by the lead agency.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.5 - Type i actions

Current through Register Vol. 46, No. 28, July 10, 2024
Type I actions shall include all actions designated as
						Type I in section
						617.12 
						of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.6 - Type ii actions

Current through Register Vol. 46, No. 28, July 10, 2024
Type II actions shall include those actions listed in
						section
						617.13  of this
						Title, and the following:
(a) any
					 annual registration with the commission;
(b) the construction of a single residential
					 dock, wharf or mooring and construction which alters, modifies, enlarges or
					 expands an existing dock, wharf or mooring, provided that the structure is not
					 located in a wetland, fish spawning area, an area of significant wildlife
					 habitat, or an area of unique scenic, historic or natural
					 significance;
(c) the erection of a
					 sign;
(d) issuance of a wastewater
					 system inspection compliance permit;
(e) issuance of a permit to operate a
					 wastewater system;
(f) issuance of
					 an interim permit to operate a wastewater system;
(g) issuance of a permit to construct a
					 wastewater system;
(h) issuance of
					 special permits for tour boats, parasails and seaplane berthing when such were
					 in continuous use prior to January 1, 1991; and
(i) issuance of stormwater management permits
					 for minor projects as defined in section
					 646-4.10(a) 
					 of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.7 - Criteria for determining significance

Current through Register Vol. 46, No. 28, July 10, 2024
The criteria for determining the significance of the
						action shall be those specified in section
						617.11 
						of this Title. In addition, the commission shall evaluate potential cumulative
						impacts of an action upon the resources of the park in relation to established
						uses and foreseeable uses of those resources. The evaluation of cumulative
						impacts shall include, but not be limited to, the consideration of foreseeable
						impacts on water quality (including ground water which flows into the waters of
						the park), air quality, traffic and congestion (both land and water based), and
						the aesthetic impacts of actions, including such impacts as may be visible from
						the waters of Lake George.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-3 - State Environmental Quality Review › Section 645-3.8 - Critical environmental area

Current through Register Vol. 46, No. 28, July 10, 2024
The commission hereby designates the waters of Lake
						George, all land lying under such waters and within 500 feet of the mean
						high-water mark of such waters, and wetlands located adjacent to the waters of
						Lake George and all land within 500 feet of such wetlands to be a critical
						environmental area pursuant to section
						617.4(h) 
						of this Title.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter IX - Independent Agencies Within The Department › Subchapter A - Lake George Park Commission › Part 645 - Procedural Regulations › Subpart 645-4 - Uniform Enforcement Procedures › Section 645-4.1 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
This Part shall apply to all civil administrative
						enforcement proceedings brought by the commission. Whenever the commission
						determines, after investigation, that any person has violated ECL, articles 43
						and 71, title 33, or rules or regulations promulgated thereunder, or any
						permits, certificates or orders issued by the commission, the commission may
						proceed as provided herein.