reglab/statecodes huggingface dataset:
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
For the purposes of this Part, the following terms shall
					 mean:
(a) Commissioner. The State
				  Commissioner of Environmental Conservation.
(b) Department. The State Department of
				  Environmental Conservation.
(c)
				  Individual. A person who is not a member of a family as hereinafter
				  defined.
(d) Family. The term
				  family means two or more individuals one of whom is the head of a household,
				  plus all other individuals regardless of blood or legal ties who live with and
				  are considered a part of the family unit. Where two or more individuals occupy
				  the same dwelling with no identifiable head of a household, they shall be
				  treated as one family.
(e)
				  Business. The term business means any lawful activity, excepting a farm
				  operation, conducted primarily:
(1) for the
				  purchase, sale, lease and rental of personal and real property, and for the
				  manufacture, processing, or marketing of products, commodities, or any other
				  personal property;
(2) for the sale
				  of services to the public;
(3) by a
				  nonprofit organization; or
(4)
				  solely for the purpose of moving and related expenses, for assisting in the
				  purchase, sale, resale, manufacture, processing, or marketing of products,
				  commodities, personal property, or services by the erection and maintenance of
				  an outdoor advertising display or displays, whether or not such display or
				  displays are located on the premises on which any of the above activities are
				  conducted.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.3 - General provisions applicable to residential and commercial moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
The provisions stated herein apply to eligible persons
					 occupying property on or after July 1, 1971. Application for payment of moving
					 expenses shall be made by an eligible person in writing to the commissioner
					 upon forms prescribed by the commissioner and shall be accompanied by such
					 information, evidence and executed vouchers as the commissioner may require.
					 Such application shall be submitted to the commissioner through the Land
					 Acquisition Office, Department of Environmental Conservation and payment of
					 such moving expenses shall be made to eligible persons under the circumstances
					 and to the extent set forth herein.
(a) Any individual, family, business, or farm
				  operator is eligible to receive payment for the reasonable expenses of moving
				  their personal property subsequent to the earlier of the following two dates:
(1) that person is in occupancy at the
				  initiation of negotiations for the acquisition of the real property in whole or
				  in part; or
(2) that person is in
				  occupancy at the time he or she is given written notice by the State that it is
				  their intent to acquire the property by a given date or he or she is given
				  notice to vacate the property by a specific date.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.4 - Residential moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
All eligible residential occupants will be entitled to
					 reimbursement of actual, reasonable and necessary moving expenses or may elect
					 a fixed amount in accordance with the counted room allowance.
(a)
(1) If
				  the eligible person elects to receive a scheduled payment in lieu of actual,
				  reasonable and necessary moving expenses, the following schedules will apply:
ROOM COUNT SCHEDULE
Unfurnished Units (Including
								Mobile Homes)
1st room
2nd
3rd
4th
5th
6th & over
$50
$110
$150
$190
$225
$25 each
Mobile Homes
sq. ft.
300
300/500
500/700
700/800
800 over
$100
$150
$200
$250
$300
Furnished Units, sleeping rooms
								(Including Mobile Homes)
1st room
2nd
+
remaining
$25
$15
(2) In addition to the amounts specified in
				  paragraph (1) of subdivision (a) above, each relocated individual or family
				  will be entitled to an additional $200 dislocation allowance. When garages,
				  sheds and outbuildings are acquired and the eligible person's place of
				  residence is not disturbed, or when the eligible person's principal place of
				  residence is not the appropriated site, a fixed allowance may be applied per
				  the aforementioned room count schedules less the $200 dislocation
				  allowance.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.6 - Procedure for actual cost basis moving expenses

Current through Register Vol. 46, No. 28, July 10, 2024
On an actual cost basis, all bids, estimates and final
					 bills being submitted on each phase of the move by moving concerns or skilled
					 craftsmen, herein referred to as contractors, shall contain as a minimum the
					 following information:
(a) Name and
				  address of the contractor and date prepared.
(b) If estimates, bids or bills are to be
				  made on an hourly rate or some other basis, then such method must contain
				  sufficient data and explicit details to expedite meaningful analysis.
(c) An itemized list of the estimated or
				  actual charges for packing, unpacking, crating, dismantling, disconnecting,
				  reassembling and reconnection.
(d)
				  If any material is required, it must be itemized together with the costs. No
				  reimbursement will be made for the use of new materials in the reinstallation
				  of the personalty except when it is in the best interest of the
				  State.
(e) In cases where use of
				  trucks and other equipment are necessary, an itemized list of charges shall be
				  based upon an hourly, daily, weekly or monthly rate, whichever total amount is
				  lesser, based upon the number of estimated hours equipment will be used. The
				  estimated equipment rate or hourly wage rate shall not exceed the prevailing
				  industry rate for such equipment or labor. If the eligible person utilized
				  equipment or labor at a rate less than the rates paid by commercial movers, the
				  lesser rate will be used.
(f) If it
				  is determined by the commissioner that the bids, estimates or bills submitted
				  appear unreasonable, unnecessary or noncompensable, the eligible person may be
				  required to submit additional information considered necessary to determine the
				  reasonable and necessary cost of moving.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.7 - "in lieu of" moving expenses for business or farm occupants

Current through Register Vol. 46, No. 28, July 10, 2024
"In lieu of" actual, reasonable and necessary moving
					 expenses, searching fees and actual direct losses of tangible personal
					 property, a business or farm operation is eligible for a payment equal to the
					 average annual net earnings of the displaced business or farm, except such
					 payment shall not be less than $2,500 nor more than $10,000 providing the
					 following requirements are met:
(a)
				  Business. The owner of the business eligible for relocation expenses must
				  submit a written application as prescribed by the commissioner, with
				  eligibility for payment contingent upon the State's determination that the
				  business:
(1) cannot be relocated without a
				  substantial loss of patronage, herein defined as the average dollar volume of
				  business transacted during the two taxable years immediately preceding the year
				  in which the business is relocated; and
(2) is not part of a commercial enterprise
				  having at least one other establishment which is not being acquired by the
				  State or the United States and which is engaged in the same or similar
				  business; and
(3) the business
				  contributes materially to the income of the displaced owner.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.8 - Actual, reasonable and necessary searching fees

Current through Register Vol. 46, No. 28, July 10, 2024
(a) In the case of a business, farm
				  operation, or nonprofit organization, the eligible person or his or her
				  qualified representative may be reimbursed for the actual, reasonable and
				  necessary expenses in searching for a replacement site not to exceed $500. The
				  owner of a displaced advertising sign, eligible under section
				  590.3 
				  of this Part, may be reimbursed his or her actual, reasonable expenses in
				  searching for a replacement sign site not to exceed $100. Reimbursement will be
				  limited to the above amounts unless in exceptional cases the commissioner deems
				  otherwise.
(b) The expenses in
				  searching for a replacement site may include transportation expenses, meals and
				  lodging away from home and the reasonable value of time actually spent in
				  searching for a replacement site, including the actual, reasonable fees of
				  realtors or real estate brokers in such searching but not including any
				  commission for the sale of a property.
(c) The application for reimbursement shall
				  take the form of a summary affidavit which is to include the name and address
				  of the eligible person, a detailed summary of the work performed, dates and
				  hours worked and wage rate applied not to exceed $10 per hour. Lodging,
				  mileage, and subsistence charges will be allowed according to and consistant
				  with the prevailing rates approved for State travel and expense purposes by the
				  State Comptroller for those type of expenditures.
(d) All actual, reasonable and necessary
				  expenses directly related to the search for replacement property must be
				  documented by detailed, receipted bills.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.9 - Actual direct losses of tangible personal property

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Actual direct losses of tangible personal
				  property are allowed in the case of a business, farm, or nonprofit organization
				  when an eligible person who is displaced is entitled to relocate such personal
				  property but elects not to do so. Payments for such losses may only be made
				  after a bona fide effort has been made by the owner to sell the item(s)
				  involved. When the item(s) is sold, payment will be made according to the
				  following standards:
(1) If the business,
				  farm, etc. is reestablished, but the personal property is replaced with a
				  comparable item at the new location, payment shall be the lesser of:
(i) the replacement cost less the net
				  proceeds of the sale; or
(ii) the
				  estimated cost of moving the item
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.10 - Supplemental relocation payments, loss of favorable mortgage financing, incidental expenses

Current through Register Vol. 46, No. 28, July 10, 2024
In addition to other payments and benefits authorized by
					 State law, individuals and families displaced from dwellings on real property
					 acquired by the Department of Environmental Conservation, who were in occupancy
					 on or after July 1, 1971 are entitled to supplemental relocation payments,
					 payment for loss of favorable mortgage financing, and incidental expenses in
					 accordance with the following criteria and eligibility standards.
(a) General requirements to receive
				  replacement housing payments.
(1) In addition
				  to the occupancy requirements as specifically enumerated herein, a displaced
				  person is otherwise eligible for the appropriate payments when that person
				  relocates and occupies a decent, safe and sanitary dwelling within one year,
				  beginning on the latter of the following dates: the date on which that person
				  receives final payment from the State for legal damages directly connected with
				  the acquisition of his or her dwelling unit; or the date required to move from
				  the dwelling acquired; or the date on which that person actually moves from the
				  dwelling acquired, if in fact this latter date is earlier than the date
				  required to move. The date required to move is here defined and elsewhere in
				  this section as that date specified in writing by the State, by which the
				  property must be vacated.
(2)
				  Application for payments under this section shall be in writing on forms
				  prescribed by the commissioner. The application must be filed no later than six
				  months after the expiration of the one-year period specified immediately above,
				  except that in cases litigated in the Court of Claims, the six-month period
				  shall start from the date of final judgment of that court.
(3) If two or more eligible families occupy
				  the same single family dwelling unit, each family is eligible for a replacement
				  housing payment if they relocate to separate dwelling units.
(4) If two or more eligible individuals with
				  no identifiable head of household occupy the same single family dwelling unit
				  they are considered as one family for replacement housing payment purposes.
				  When all individuals do not relocate to decent, safe and sanitary housing the
				  department shall determine and pay those individuals who do relocate into
				  decent, safe and sanitary housing a pro rata share of the amount that would
				  have been received if all of the individuals had relocated together.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.11 - Appeals procedure

Current through Register Vol. 46, No. 28, July 10, 2024
An applicant for a moving expense and/or replacement
					 housing payment shall be notified promptly in writing concerning his or her
					 eligibility for the payment claimed, the amount, if any, he or she is entitled
					 to receive, and the time and manner in which such payment will be made. If any
					 or all of the amounts claimed are disallowed or require additional
					 documentation, the eligible person shall be so notified in writing to this
					 effect.
(a) If the claimant is not
				  satisfied with the payment offered, that person may within 18 months of
				  vacating or six months after final award determination by the courts of the
				  State request an informal conference to present his or her case. When
				  requested, such a conference shall be scheduled in the regional office of the
				  department for the region in which the property is located and shall be
				  conducted by the regional director or his or her designee. The claimant may
				  bring whomever he or she wishes to represent him or her or present some facet
				  of his or her claim. The decision of the regional director or such designee
				  shall be made in writing and mailed to the claimant or his
				  representative.
(b) In the event
				  this claimant is not satisfied with the results achieved at this stage he or
				  she may then request a formal hearing. This request shall be directed to the
				  Superintendent of Land Acquisition at the department's main office in Albany.
				  The formal hearing shall be conducted by a hearing officer designated by the
				  commissioner at a time and place to be determined by the hearing officer.
				  Minutes of the proceedings shall be taken.
(c) Based upon all the evidence produced at
				  the hearing, the hearing officer shall make his or her recommendation to the
				  Superintendent of Land Acquisition who shall then make a final determination
				  regarding the claim presented.
(d)
				  In the instance of an appeal, no payment of such calculated moving expenses or
				  supplemental housing and related benefits shall be made until a decision has
				  been rendered by the Superintendent of Land Acquisition. In the instance where
				  an owner files a claim in the Court of Claims for adjudication of the fair
				  market value of the property acquired, and similarly files for an appeal
				  hearing disputing the amount of the supplemental payment preferred, no appeal
				  hearing shall be held until final award determination by the courts of the
				  State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 590 - PAYMENT OF EXPENSES UPON ACQUISITION OF REAL PROPERTY › Section 590.12 - Hardship cases

Current through Register Vol. 46, No. 28, July 10, 2024
Notwithstanding any other provisions contained in this
					 Part, the commissioner is authorized in hardship cases to make advance payments
					 in anticipation of the eligible person actually completing his or her moving of
					 personal property or actually purchasing or renting and occupying decent, safe
					 and sanitary replacement housing. The commissioner may authorize the advance
					 payment of the amount determined by him or her to represent reasonable and
					 necessary moving expenses or the amount of the approved supplemental relocation
					 payment deemed necessary to purchase or rent decent, safe and sanitary
					 replacement housing. In the case of a supplemental relocation payment, payment
					 can only be made if there is a signed contract for the purchase of a
					 replacement property, or in the case of a replacement rental unit, if there is
					 a signed lease or some other firm commitment. In both instances, the proposed
					 replacement housing must be inspected prior to payment for a determination of
					 compliance with decent, safe and sanitary standards.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
(a) It is the
				  public policy of the State to assure the long-term preservation, enhancement,
				  restoration and improvement of the quality of the State's environment through
				  the acquisition of additional forest preserve lands, and the acquisition,
				  preservation and improvement of certain other environmentally sensitive lands
				  which will preserve aquifer recharge areas, areas of exceptional scenic beauty
				  or exceptional forest character, open space, pine barrens, public access,
				  trailways, unique character, wetlands and wildlife habitats. It is the purpose
				  of this Part to carry out this public policy through the implementation of that
				  portion of the 1986 Environmental Quality Bond Act which is set forth in title
				  7 of article 52 of the Environmental Conservation Law.
(b) This Part will assure the wise selection
				  of those State projects which will best achieve the above-stated policy goals,
				  by establishing procedures for the selection, approval and execution of such
				  State land acquisition, preservation and improvement projects through the
				  establishment of:
(1) project selection
				  procedures including minimum eligibility requirements for various types of
				  projects;
(2) procedures for
				  priority ranking of eligible projects;
(3) departmental review processes;
(4) guidelines and criteria which the
				  commissioner shall use to approve eligible projects; and
(5) procedures for funding distribution for
				  forest preserve projects and for each type of environmentally sensitive lands
				  project.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.3 - Project selection

Current through Register Vol. 46, No. 28, July 10, 2024
(a) State
				  land projects which meet the minimum eligibility requirements as hereinafter
				  enumerated may be initiated in any of the following three ways:
(1) Department program staff. Staff
				  designated by the commissioner from various program areas within the department
				  will, on a continuing basis, identify, categorize and prioritize proposed State
				  land projects under each of the bond act categories.
(2) Property owner. Land owners who believe
				  that their property may meet eligibility requirements for State acquisition
				  under the bond act, and who desire to sell such property or an interest
				  therein, are encouraged to contact the department.
(3) Public participation. Any person who
				  wishes to participate in the implementation of the bond act may submit
				  recommendations for State land acquisition, preservation or improvement
				  projects to the department.
The ultimate selection decision on any State land project
					 will be made by the commissioner, who is charged by law with this
					 responsibility, regardless of the method of project initiation.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.5 - Departmental review process

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Whichever of the methods of State land project initiation set forth in section
				  591.3  of this
				  Part is involved, the first step in the review process is the investigation of
				  all potential projects by the regional office of the department within which
				  the project is located or by the Division of Marine and Coastal Resources for
				  tidal wetlands and tidal waterway access projects located within the marine and
				  coastal district. That investigation must include a determination of whether or
				  not the project meets the minimum eligibility requirements set forth under
				  section
				  591.3  of this
				  Part and is consistent with identified regional acquisition objectives. Such
				  investigation, when appropriate, will be coordinated with any program personnel
				  who may have an interest in the project. Upon completion of this investigation,
				  if the proposed project meets the minimum eligibility requirements, a project
				  file shall be prepared and forwarded with the regional recommendation to
				  central office program.
(b) The
				  central office program will review each project file and recommend statewide
				  projects for the program area to the commissioner based on all relevant
				  factors, including the extent to which the project furthers identified
				  statewide acquisition objectives.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.6 - Guidelines for final project approval

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of a project file, the
				  commissioner shall carefully review the project file for purposes of making a
				  final determination to approve or disapprove a project. In making the final
				  determination the commissioner may take into account, in addition to the
				  natural resource value and the vulnerability of the project, the following:
(1) the availability of the project for
				  acquisition by purchase, gift or partial gift;
(2) the extent to which the project's
				  location contributes to the geographical balance of the availability of the
				  diversity of natural resource values;
(3) the compatibility of the project with
				  State, regional and local environmental plans, policies, goals and
				  objectives;
(4) the availability of
				  additional fiscal resources and post-acquisition management and operational
				  support;
(5) the fiscal and
				  economic benefits and burdens resulting from the proposed
				  acquisition;
(6) the cost in
				  relation to the natural resource value of the proposed project;
(7) the social, cultural and educational
				  values, benefits and potential of the proposed project;
(8) the extent to which the project
				  encompasses agricultural lands; and
(9) such other factors as the commissioner
				  may deem appropriate.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.7 - Acquisition of approved projects

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Upon receipt of an approved project file,
				  the Bureau of Real Property shall initiate the acquisition process in
				  accordance with the applicable provisions of the Environmental Conservation Law
				  and other applicable laws. Approval of a project does not authorize the use of
				  the eminent domain power. Use of the eminent domain power must be separately
				  approved on a project-by-project basis in accordance with the requirements and
				  procedures of the Eminent Domain Procedure Law.
(b) Whenever the commissioner determines that
				  an approved project should, because of the necessity for expeditious
				  acquisition or for other appropriate reasons, be acquired for the department by
				  a designee, such as a qualified conservation organization or a municipal
				  government, then the department may permit the acquisition by such designee and
				  the subsequent acquisition by the department from the designee.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.8 - Advisory committee

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The
				  department can benefit from having periodic reviews of these regulations and
				  its implementation of title 7 of article 52 by knowledgeable and concerned
				  citizens from various part of the State. Accordingly, the commissioner is
				  authorized to appoint an advisory committee of such citizens to be known as the
				  Title 7 -Article 52 Implementation Advisory Committee.
(b) The committee shall be composed of at
				  least one knowledgeable and concerned citizen not employed by the department
				  from each of five of the department's regions and such additional number of
				  citizens as the commissioner shall determine. The members of the committee
				  shall be appointed by and serve at the pleasure of the commissioner and shall
				  meet at least annually to review these regulations, the implementation thereof,
				  and such other matters as the commissioner may determine are appropriate for
				  its consideration. The committee shall give the commissioner the benefit of its
				  views and advice on all matters brought before it by the commissioner and make
				  such recommendations to him on such matters as it deems appropriate, provided
				  that nothing herein contained shall be construed to vest in the committee any
				  approval power over any individual acquisition or any proposed change to these
				  regulations or the implementation thereof.
(c) The commissioner may appoint such
				  subcommittee as necessary or appropriate to provide opportunities for comment
				  concerning and recommendations regarding the implementation of the regulations
				  within any geographic area of the State. Such subcommittees may include
				  nonmembers of the committee and shall perform such functions as the committee
				  may determine are necessary or appropriate in aiding the committee to a fuller
				  understanding of the specific concerns of any particular geographic
				  area.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 591 - Procedures For The Selection, Review, Approval And Funding Of State Projects Under The 1986 Environmental Quality Bond Act › Section 591.9 - Funding distribution

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  Article 52 requires that these regulations include provisions for funding
				  distribution for forest preserve projects and for each type of environmentally
				  sensitive lands projects. Funds made available to the department for forest
				  preserve projects will be used for the acquisition of such projects in
				  accordance with the project selection process outlined in sections
				  591.3 through
				  591.6 
				  of this Part.
(b) The funds made
				  available to the department for environmentally sensitive lands projects will
				  be distributed as follows:
(1) 55 percent
				  will be allocated to the following project categories:
(i) aquifer recharge areas;
(ii) pine barrens;
(iii) wetlands; and
(iv) wildlife habitat.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 592 - Procedure for the modification or extinguishment of a conservation easement held by the New York State Department of Environmental Conservation › Section 592.1 - Purpose and applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
				  The purpose of this Part is to set forth in regulation a procedure to be
				  followed by the department when modifying or extinguishing a DEC conservation
				  easement, as that term is defined in section 592.2(c)  below.
(b) This Part will not apply to conservation
				  easements which are owned or held by not-for-profit organizations or public
				  bodies other than the department.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 592 - Procedure for the modification or extinguishment of a conservation easement held by the New York State Department of Environmental Conservation › Section 592.2 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Commissioner"
				  means the Commissioner of the New York State Department of Environmental
				  Conservation, or the Commissioner's designated agent.
(b) "Department" or "DEC" means the New York
				  State Department of Environmental Conservation.
(c) "Conservation easement" means an
				  easement, covenant, restriction or other interest in real property, created
				  under and subject to the provisions of Title 3 of article 49 of the
				  Environmental Conservation Law which limits or restricts development,
				  management or use of such real property for the purpose of preserving or
				  maintaining the scenic, ope n, historic, archaeological, architectural, or
				  natural condition, character, significance or amenities of the real property in
				  a manner consistent with the public policy and purpose set forth in section 49-0301  of the Environmental
				  Conservation Law, provided that no such easement shall be acquired or held by
				  the state which is subject to the provisions of Article XIV of the State
				  Constitution.
(d) "ECL" means the
				  New York State Environmental Conservation Law.
(e) "Environmental Notice Bulletin" or "ENB"
				  means the weekly publication of the department that is published pursuant to
				  section 3-0306  of the Environmental Conservation
				  Law, and accessible on the department's website.
(f) "Grantee" means the department, as owner
				  and holder of a DEC conservation easement.
(g) "Grantor" means the person or entity
				  which is the owner of the underlying fee lands subject to the DEC conservation
				  easement at the time of the grant of the DEC conservation easement or, as
				  applicable, the grantor's respective successors, heirs and assigns.
(h) "Modification" means a change, addition,
				  deletion, correction or amendment to a DEC conservation easement.
(i) "Property" means the underlying fee lands
				  subject to the DEC conservation easement.
(j) "Purpose(s)" means the conservation
				  objectives and goals set forth in the express language of a DEC conservation
				  easement, or in the absence of such express language, as provided in ECL
				  section 49-0303(1).
(k) "Third
				  party enforcement right" means a right which may be granted in a DEC
				  conservation easement which empowers a public body or a not-for-profit
				  conservation organization which is not a holder of the DEC conservation
				  easement to enforce any of the terms of the DEC conservation
				  easement.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 592 - Procedure for the modification or extinguishment of a conservation easement held by the New York State Department of Environmental Conservation › Section 592.3 - Standards

Current through Register Vol. 46, No. 28, July 10, 2024
(a) The standards
				  for the modification of a DEC conservation easement include:
1. A modification of a DEC conservation
				  easement, other than a modification to the stated purpose(s) as set forth in a
				  DEC conservation easement, must not alter, and must be consistent with, the
				  stated purpose(s) of the DEC conservation easement; and
2. A modification of a DEC conservation
				  easement must not affect the perpetual nature of the DEC conservation easement;
				  and
3. The modification must comply
				  with all existing policies, laws or regulations, including the specific
				  requirements of the pro visions of ECL section 49-0307, in effect at the time
				  of the modification; and
4. The
				  proposed modification of a DEC conservation easement shall result in a net
				  conservation benefit to the state, which must be calculated and considered
				  within the spatial confines of the conservation easement in question or in the
				  surrounding contiguous and adjoining lands, as determined by the department,
				  after public comment, including consideration of any change in the level of
				  public recreational opportunities or any change to the limitations or
				  restrictions on the development, management or use of the property, or any
				  other real property owned by or under the control of the grantor, for the
				  purpose of preserving or maintaining the scenic, open, historic,
				  archaeological, architectural, or natural condition, character, significance or
				  amenities of the area where the property is located in a manner consistent with
				  the public policy and purpose set forth in ECL section 49-0301.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter D - REAL PROPERTY AND LAND ACQUISITION › Part 592 - Procedure for the modification or extinguishment of a conservation easement held by the New York State Department of Environmental Conservation › Section 592.4 - Procedures

Current through Register Vol. 46, No. 28, July 10, 2024
The department must comply with the following procedures
					 for any modification or the extinguishment of a DEC conservation
					 easement.
(a) Written notice to
				  grantor and entities entitled to third party enforcement rights and the Office
				  of the Attorney General. The department must provide written notice of the
				  proposed modification or extinguishment of a DEC conservation easement to the
				  grantor, entities designated in the DEC conservation easement as having third
				  party enforcement rights, and the Office of the Attorney General by certified
				  mail, return receipt requested to the addresses on file with the department for
				  the respective entities; and
(b)
				  Public notice, comment period, non-adjudicatory hearing.
1. Public Notice.
i. For modification only of a DEC
				  conservation easement. The department must publish public notice in the ENB of
				  the department's intent to modify a DEC conservation easement including a
				  general summary of the proposed modification(s) and the opportunity for the
				  public to submit written public comments to the department. The public comment
				  period shall begin on the date the notice of the public comment period appears
				  in the ENB.
ii. For modification to
				  the purpose(s) or extinguishment of a DEC conservation easement. The department
				  must publish public notice of its intent to modify the purpose(s) or extinguish
				  a DEC conservation easement in the State Register, the ENB and in a newspaper
				  having a general circulation in the county where the property is located. The
				  public notice shall include the facts supporting a finding that: the proposed
				  new or modified purpose(s) enhance the original purpose(s) of the DEC
				  conservation easement; or the DEC conservation easement can no longer
				  substantially accomplish its original purpose(s) or any of the purposes set
				  forth in the ECL section 49-0301.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 595 - Releases Of Hazardous Substances (Repealed)

Current through Register Vol. 46, No. 28, July 10, 2024
Statutory authority: Environmental Conservation Law, §§
					 3-0301[1][m], 3- 0301[2][m], 17-0303, 37-0105, 40-0111 and
					 40-0113
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 597 - Hazardous Substances Identification, Release Prohibition, And Release Reporting › Section 597.1 - General

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Purpose.
The purpose of this Part is to:
(1) set forth criteria for identifying a
				  hazardous substance or acutely hazardous substance;
(2) set forth a list of hazardous
				  substances;
(3) identify reportable
				  quantities for the spill or release of hazardous substances;
(4) prohibit the unauthorized release of
				  hazardous substances; and
(5)
				  establish requirements for reporting of releases of hazardous
				  substances.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 597 - Hazardous Substances Identification, Release Prohibition, And Release Reporting › Section 597.2 - Criteria for identifying a hazardous substance or acutely hazardous substance

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
Hazardous substance.
A substance is considered hazardous and will be included on
					 the list provided under section 597.3  of this Part if the substance meets any
					 of the following criteria:
(1) because
				  of its quantity, concentration, or physical, chemical or infectious
				  characteristics, the substance causes physical injury or illness to humans when
				  improperly treated, stored, transported, disposed of, or otherwise
				  managed;
(2) the substance poses a
				  present or potential hazard to the environment when improperly treated, stored,
				  transported, disposed of, or otherwise managed;
(3) because of its toxicity or concentration
				  within biological chains, the substance presents a demonstrated threat to
				  biological life cycles when released into the environment;
(4) the substance is one whose manufacture,
				  processing, contribution in commerce, use, possession or disposal is banned,
				  prohibited or limited pursuant to the Toxic Substances Control Act (15 U.S.C., section
				  2601
et seq
.) as of January
				  1, 2008, as amended from time to time;
(5) the substance is a pesticide whose use or
				  possession is prohibited pursuant to the Federal Insecticide, Fungicide, and
				  Rodenticide Act (7
				  U.S.C. section 136
et seq
.)
				  as of January 1, 2008, as amended from time to time; or
(6) the substance is defined as a hazardous
				  substance pursuant to the Comprehensive Environmental Response, Compensation,
				  and Liability Act (42
				  U.S.C. section 9601
et seq
.)
				  as of January 1, 2008, as amended from time to time.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 597 - Hazardous Substances Identification, Release Prohibition, And Release Reporting › Section 597.4 - Spills and releases of hazardous substances

Current through Register Vol. 46, No. 28, July 10, 2024
(a) 'Prohibition of releases'. The spilling
				  of a hazardous substance is prohibited unless:
(1) such spill is authorized;
(2) such spill is continuous and stable in
				  quantity and rate and has been reported pursuant to paragraph 597.4(b)(4);
				  or
(3) such spill is of
				  fire-fighting foam containing Perfluorooctanoic Acid (CAS No. 335-67-1),
				  Ammonium Perfluorooctanoate (CAS No. 3825-26-1), Perfluorooctane Sulfonic Acid
				  (CAS No. 1763-23-1), or Perfluorooctane Sulfonate (CAS No. 2795-39-3) used for
				  fighting fires (but not for training purposes) and occurs on or before April
				  25, 2017. In the event there is a spill of such foam that exceeds the
				  reportable quantity of any hazardous substance, the spill must be reported
				  pursuant to subdivision (b) of this section.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.1 - Purpose

Current through Register Vol. 46, No. 28, July 10, 2024
The purpose of this Part is to regulate hazardous
						substances in order to protect the public health, safety and welfare, and the
						lands, waters, air and environment of the State.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.2 - Applicability

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 This Part applies to a storage facility which has one or more of the following:
(1) an aboveground tank system used to store
					 hazardous substances which has a tank with a storage capacity of 185 gallons or
					 greater;
(2) an underground tank
					 system used to store hazardous substances which has a tank of any storage
					 capacity; or
(3) a container used
					 to store 1,000 kilograms (2,200 lbs.) or more of a hazardous substance at the
					 facility for a period of 90 or more consecutive days.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.4 - Access to records and facilities

Current through Register Vol. 46, No. 28, July 10, 2024
(a) Any designated officer or employee of the
					 department may:
(1) have the right of entry
					 to, upon, or through any facility containing a tank system in which a hazardous
					 substance is stored or on which records are required to be maintained during
					 normal business hours or at any other time during which regulated activity is
					 reasonably believed to be occurring;
(2) have access to and copy any records
					 required to be maintained;
(3)
					 inspect any equipment, practice or method which is required by the provisions
					 of this Part; and
(4) have access
					 to and inspect any monitoring stations or conduct tests or take samples to
					 identify any actual or suspected release of a hazardous substance resulting
					 from the operation of the facility, including the right to take split
					 samples.
New York Codes, Rules and Regulations › Title 6 - DEPARTMENT OF ENVIRONMENTAL CONSERVATION › Chapter V - RESOURCE MANAGEMENT SERVICES › Subchapter E - WATER REGULATION › Part 598 - Handling and Storage of Hazardous Substances › Subpart 598-1 - General Provisions › Section 598-1.5 - Records

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
					 Recordkeeping. Reports for each monthly, annual, three-year, or five-year test
					 or inspection required by sections
					 2.2,
					 2.3,
					 3.2, and
					 3.3  of this Part must be kept
					 with the spill prevention report and must be maintained and made available to
					 the department upon request.
(b)
					 Reports. All reports must include the following information:
(1) facility registration number;
(2) identification number (as shown on the
					 registration certificate) for tank, piping, or equipment tested or
					 inspected;
(3) date of test or
					 inspection;
(4) results of tests
					 and inspections, including a report on the condition of piping, tank and
					 ancillary equipment, expected life of service and need for repair;
(5) test and inspection methods
					 used;
(6) certification by the
					 engineer or technician that the test or inspection has been performed in a
					 manner consistent with the requirements of this Part;
(7) statement of engineer or technician's
					 qualifications;
(8) name of
					 engineer or technician;
(9)
					 business address of engineer or technician; and
(10) signature of engineer or
					 technician.