S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6566
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 19, 2021
                                ___________
 
 Introduced  by  M. of A. ENGLEBRIGHT, AUBRY, BARRETT, BURDICK, DINOWITZ,
   EPSTEIN, GALEF,  GONZALEZ-ROJAS,  GRIFFIN,  HEVESI,  JACKSON,  KELLES,
   LUNSFORD,  MAGNARELLI,  McDONALD,  McMAHON,  OTIS,  PAULIN, SEAWRIGHT,
   SILLITTI, SIMON, STERN, THIELE  --  read  once  and  referred  to  the
   Committee on Environmental Conservation

 AN  ACT  authorizing  the  creation of state debt in the amount of three
   billion dollars, in relation to creating the clean air and clean water
   environmental bond act of  2021  for  the  purposes  of  environmental
   improvements  that  preserve,  enhance, and restore New York's natural
   resources and reduce the impact of climate change; and  providing  for
   the  submission to the people of a proposition or question therefor to
   be voted upon at the general election to  be  held  in  November  2021
   (Part  A);  and  to  amend the envioronmental conservation law and the
   state finance law, in relation to the implementation of the clean  air
   and clean water environmental bond act of 2021 (Part B)
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. This act enacts into law components  of  legislation  which
 are  necessary  to  implement  legislation relating to the clean air and
 clean water environmental bond act of 2021.  Each  component  is  wholly
 contained  within  a Part identified as Parts A through B. The effective
 date for each particular provision contained within  such  Part  is  set
 forth  in  the  last  section of such Part. Any provision in any section
 contained within a Part, including the effective date of the Part, which
 makes a reference to a section "of this act", when  used  in  connection
 with that particular component, shall be deemed to mean and refer to the
 corresponding  section  of the Part in which it is found.  Section three
 of this act sets forth the general effective date of this act.
 
                                  PART A

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10504-01-1
              

 A. 6566                             2
 
   Section 1. The clean air and clean water  environmental  bond  act  of
 2021 is enacted to read as follows:
                         CLEAN AIR AND CLEAR WATER
                      ENVIRONMENTAL BOND ACT OF 2021
 Section 1. Short title.
         2. Creation of state debt.
         3. Bonds of the state.
         4. Use of moneys received.
 Section  1. Short title. This act shall be known and may be cited as the
 "clean air and clean water environmental bond act of 2021".
   § 2. Creation of state debt. The creation of state debt in  an  amount
 not exceeding in the aggregate three billion dollars ($3,000,000,000) is
 hereby  authorized  to  provide  moneys for the single purpose of making
 environmental improvements  that  preserve,  enhance,  and  restore  New
 York's  natural  resources  and  reduce  the impact of climate change by
 funding capital projects for: restoration and flood risk  reduction  not
 less  than one billion dollars ($1,000,000,000); open space land conser-
 vation  and  recreation  up  to  five  hundred  fifty  million   dollars
 ($550,000,000);  climate  change  mitigation up to seven hundred million
 dollars ($700,000,000); and, water  quality  improvement  and  resilient
 infrastructure   not  less  than  five  hundred  fifty  million  dollars
 ($550,000,000).
   § 3. Bonds of the state. The state comptroller  is  hereby  authorized
 and  empowered  to issue and sell bonds of the state up to the aggregate
 amount of three billion dollars ($3,000,000,000)  for  the  purposes  of
 this  act,  subject  to the provisions of article 5 of the state finance
 law. The aggregate principal amount of such bonds shall not exceed three
 billion dollars ($3,000,000,000) excluding bonds  issued  to  refund  or
 otherwise  repay  bonds  heretofore  issued  for such purpose; provided,
 however, that upon any such refunding or repayment, the total  aggregate
 principal  amount of outstanding bonds may be greater than three billion
 dollars ($3,000,000,000) only if the present value of the aggregate debt
 service of the refunding or repayment  bonds  to  be  issued  shall  not
 exceed  the  present value of the aggregate debt service of the bonds to
 be refunded or repaid. The method for calculating present value shall be
 determined by law.
   § 4. Use of moneys received. The moneys received by the state from the
 sale of bonds sold pursuant to this act shall be  expended  pursuant  to
 appropriations  for  capital  projects related to design, planning, site
 acquisition, demolition,  construction,  reconstruction,  and  rehabili-
 tation projects specified in section two of this act.
   §  2.  This  act  shall  take  effect  immediately,  provided that the
 provisions of section one of this act shall not take effect  unless  and
 until  this  act  shall have been submitted to the people at the general
 election to be held in November 2021 and shall have been approved  by  a
 majority  of  all  votes  cast for and against it at such election. Upon
 approval by the people, section one of this act shall take effect  imme-
 diately.  The  ballots  to  be  furnished  for  the  use  of voters upon
 submission of this act shall be in the form prescribed by  the  election
 law  and  the  proposition  or question to be submitted shall be printed
 thereon in the following form, namely "To address and combat the  impact
 of climate change and damage to the environment, the Clean Air and Clean
 Water  Environmental Bond Act of 2021 authorizes the sale of state bonds
 up to three billion dollars to fund  environmental  protection,  natural
 restoration,  resiliency, and clean energy projects. Shall the Clean Air
 and Clean Water Environmental Bond Act of 2021 be approved?"

 A. 6566                             3
 
                                  PART B
 
   Section  1.  The environmental conservation law is amended by adding a
 new article 58 to read as follows:
                                ARTICLE 58
              IMPLEMENTATION OF THE CLEAN AIR AND CLEAN WATER
                      ENVIRONMENTAL BOND ACT OF 2021
 TITLE 1. GENERAL PROVISIONS.
         3. RESTORATION AND FLOOD RISK REDUCTION.
         5. OPEN SPACE LAND CONSERVATION AND RECREATION.
         7. CLIMATE CHANGE MITIGATION.
         9. WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE.
         11. ENVIRONMENTAL JUSTICE AND REPORTING.
 
                                  TITLE 1
                            GENERAL PROVISIONS
 
 SECTION 58-0101. DEFINITIONS.
         58-0103. ALLOCATION OF MONEYS.
         58-0105. POWERS AND DUTIES.
         58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
         58-0109. CONSISTENCY WITH FEDERAL TAX LAWS.
         58-0111. COMPLIANCE WITH OTHER LAW.
 § 58-0101. DEFINITIONS.
   AS USED IN THIS ARTICLE THE FOLLOWING TERMS SHALL MEAN AND INCLUDE:
   1. "BONDS" SHALL MEAN GENERAL OBLIGATION BONDS ISSUED PURSUANT TO  THE
 CLEAN  AIR  AND CLEAN WATER ENVIRONMENTAL BOND ACT OF 2021 IN ACCORDANCE
 WITH ARTICLE VII OF THE NEW YORK STATE CONSTITUTION AND ARTICLE FIVE  OF
 THE STATE FINANCE LAW.
   2.  "COST"  MEANS  THE  EXPENSE  OF  AN  APPROVED PROJECT, WHICH SHALL
 INCLUDE BUT NOT BE LIMITED TO APPRAISAL, SURVEYING, PLANNING,  ENGINEER-
 ING AND ARCHITECTURAL SERVICES, PLANS AND SPECIFICATIONS, CONSULTANT AND
 LEGAL  SERVICES,  SITE  PREPARATION,  DEMOLITION, CONSTRUCTION AND OTHER
 DIRECT EXPENSES INCIDENT TO SUCH PROJECT.
   3. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVA-
 TION.
   4.  "ENDANGERED  OR  THREATENED  SPECIES  PROJECT"  MEANS A PROJECT TO
 RESTORE, RECOVER, OR REINTRODUCE AN ENDANGERED, THREATENED,  OR  SPECIES
 OF  SPECIAL  CONCERN  PURSUANT  TO  A  RECOVERY PLAN OR RESTORATION PLAN
 PREPARED AND ADOPTED BY THE DEPARTMENT, INCLUDING BUT NOT LIMITED TO THE
 STATE'S WILDLIFE ACTION PLAN.
   5. "ENVIRONMENTAL JUSTICE COMMUNITY" MEANS A  MINORITY  OR  LOW-INCOME
 COMMUNITY  THAT  MAY BEAR A DISPROPORTIONATE SHARE OF THE NEGATIVE ENVI-
 RONMENTAL CONSEQUENCES RESULTING FROM INDUSTRIAL, MUNICIPAL, AND COMMER-
 CIAL OPERATIONS OR THE EXECUTION OF FEDERAL, STATE,  LOCAL,  AND  TRIBAL
 PROGRAMS AND POLICIES.
   6. "FLOOD RISK REDUCTION PROJECT" MEANS PROJECTS THAT USE NATURE-BASED
 SOLUTIONS  WHERE  POSSIBLE  TO  REDUCE EROSION OR FLOODING, AND PROJECTS
 WHICH MITIGATE OR ADAPT TO FLOOD CONDITIONS.
   7. "GREEN BUILDINGS PROJECT" MEANS (I) INSTALLING, UPGRADING, OR MODI-
 FYING A RENEWABLE ENERGY SOURCE AT A STATE-OWNED  BUILDING  OR  FOR  THE
 PURPOSE  OF  CONVERTING OR CONNECTING A STATE-OWNED BUILDING, OR PORTION
 THEREOF, TO A RENEWABLE ENERGY  SOURCE;  (II)  REDUCING  ENERGY  USE  OR
 IMPROVING  ENERGY  EFFICIENCY OR OCCUPANT HEALTH AT A STATE-OWNED BUILD-
 ING; (III) INSTALLING A GREEN ROOF AT A STATE-OWNED BUILDING;  AND  (IV)
 EMISSION REDUCTION PROJECTS.

 A. 6566                             4
 
   8.  "MUNICIPALITY"  MEANS  A  LOCAL PUBLIC AUTHORITY OR PUBLIC BENEFIT
 CORPORATION, A COUNTY, CITY, TOWN, VILLAGE, SCHOOL DISTRICT, SUPERVISORY
 DISTRICT, DISTRICT CORPORATION, IMPROVEMENT DISTRICT  WITHIN  A  COUNTY,
 CITY, TOWN OR VILLAGE, OR INDIAN NATION OR TRIBE RECOGNIZED BY THE STATE
 OR  THE  UNITED  STATES  WITH  A RESERVATION WHOLLY OR PARTLY WITHIN THE
 BOUNDARIES OF NEW YORK STATE, OR ANY COMBINATION THEREOF.
   9. "NATURE-BASED  SOLUTION"  MEANS  PROJECTS  THAT  ARE  SUPPORTED  OR
 INSPIRED  BY NATURE OR NATURAL PROCESSES AND FUNCTIONS AND THAT MAY ALSO
 OFFER ENVIRONMENTAL, ECONOMIC, AND  SOCIAL  BENEFITS,  WHILE  INCREASING
 RESILIENCE.  NATURE-BASED  SOLUTIONS  INCLUDE  BOTH  GREEN  AND  NATURAL
 INFRASTRUCTURE.
   10. "OPEN SPACE LAND CONSERVATION PROJECT" MEANS PURCHASE OF FEE TITLE
 OR CONSERVATION EASEMENTS FOR THE PURPOSE OF PROTECTING LANDS OR  WATERS
 AND/OR  PROVIDING  RECREATIONAL  OPPORTUNITIES  FOR  THE PUBLIC THAT (I)
 POSSESS ECOLOGICAL, HABITAT, RECREATIONAL OR SCENIC VALUES; (II) PROTECT
 THE QUALITY OF A DRINKING WATER SUPPLY; (III) PROVIDE FLOOD  CONTROL  OR
 FLOOD  MITIGATION  VALUES;  (IV) CONSTITUTE A FLOODPLAIN; (V) PROVIDE OR
 HAVE THE POTENTIAL  TO  PROVIDE  IMPORTANT  HABITAT  CONNECTIVITY;  (VI)
 PROVIDE  OPEN  SPACE  FOR  THE USE AND ENJOYMENT OF THE PUBLIC; OR (VII)
 PROVIDE COMMUNITY GARDENS IN URBAN AREAS.
   11. "RECREATIONAL INFRASTRUCTURE PROJECT"  MEANS  THE  DEVELOPMENT  OR
 IMPROVEMENT  OF  STATE AND MUNICIPAL PARKS, CAMPGROUNDS, NATURE CENTERS,
 FISH HATCHERIES, AND INFRASTRUCTURE  ASSOCIATED  WITH  OPEN  SPACE  LAND
 CONSERVATION PROJECTS.
   12. "STATE ASSISTANCE PAYMENT" MEANS PAYMENT OF THE STATE SHARE OF THE
 COST  OF  PROJECTS  AUTHORIZED  BY  THIS  ARTICLE  TO PRESERVE, ENHANCE,
 RESTORE AND IMPROVE THE QUALITY OF THE STATE'S ENVIRONMENT.
   13. "STATE ENTITY"  MEANS  ANY  STATE  DEPARTMENT,  DIVISION,  AGENCY,
 OFFICE, PUBLIC AUTHORITY, OR PUBLIC BENEFIT CORPORATION.
   14.  "WATER  QUALITY  IMPROVEMENT  PROJECT"  FOR  THE PURPOSES OF THIS
 TITLE, MEANS PROJECTS DESIGNED TO IMPROVE THE QUALITY  OF  DRINKING  AND
 SURFACE WATERS.
   15. "WETLAND AND STREAM RESTORATION PROJECT" MEANS ACTIVITIES DESIGNED
 TO  RESTORE FRESHWATER AND TIDAL WETLANDS, AND STREAMS OF THE STATE, FOR
 THE PURPOSE OF ENHANCING  HABITAT,  INCREASING  CONNECTIVITY,  IMPROVING
 WATER QUALITY, AND FLOOD RISK REDUCTION.
 § 58-0103. ALLOCATION OF MONEYS.
   THE  MONEYS  RECEIVED  BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE CLEAN AIR AND CLEAN WATER ENVIRONMENTAL BOND ACT OF  2021  SHALL  BE
 DISBURSED IN THE FOLLOWING AMOUNTS PURSUANT TO APPROPRIATIONS AS SPECIF-
 ICALLY PROVIDED FOR IN TITLES THREE, FIVE, SEVEN, AND NINE OF THIS ARTI-
 CLE:
   1.  NOT LESS THAN ONE BILLION DOLLARS ($1,000,000,000) FOR RESTORATION
 AND FLOOD RISK REDUCTION AS SET FORTH IN TITLE THREE OF THIS ARTICLE.
   2. UP TO FIVE HUNDRED FIFTY MILLION DOLLARS  ($550,000,000)  FOR  OPEN
 SPACE  LAND  CONSERVATION  AND  RECREATION AS SET FORTH IN TITLE FIVE OF
 THIS ARTICLE.
   3. UP TO SEVEN HUNDRED  MILLION  DOLLARS  ($700,000,000)  FOR  CLIMATE
 CHANGE MITIGATION AS SET FORTH IN TITLE SEVEN OF THIS ARTICLE.
   4. NOT LESS THAN FIVE HUNDRED FIFTY MILLION DOLLARS ($550,000,000) FOR
 WATER  QUALITY  IMPROVEMENT AND RESILIENT INFRASTRUCTURE AS SET FORTH IN
 TITLE NINE OF THIS ARTICLE.
 § 58-0105. POWERS AND DUTIES.
   IN IMPLEMENTING THE PROVISIONS OF THIS ARTICLE THE DEPARTMENT IS HERE-
 BY AUTHORIZED TO:

 A. 6566                             5
 
   1. ADMINISTER FUNDS GENERATED PURSUANT TO  THE  CLEAN  AIR  AND  CLEAN
 WATER ENVIRONMENTAL BOND ACT OF 2021.
   2.  IN THE NAME OF THE STATE, AS FURTHER PROVIDED WITHIN THIS ARTICLE,
 CONTRACT TO MAKE, WITHIN THE  LIMITATIONS  OF  APPROPRIATIONS  AVAILABLE
 THEREFOR,  STATE  ASSISTANCE  PAYMENTS  TOWARD  THE  COST  OF  A PROJECT
 APPROVED, AND TO BE UNDERTAKEN PURSUANT TO THIS ARTICLE.
   3. APPROVE VOUCHERS FOR THE PAYMENTS PURSUANT TO AN APPROVED CONTRACT.
   4. ENTER INTO CONTRACTS WITH ANY PERSON, FIRM,  CORPORATION,  NOT-FOR-
 PROFIT CORPORATION, AGENCY OR OTHER ENTITY, PRIVATE OR GOVERNMENTAL, FOR
 THE PURPOSE OF EFFECTUATING THE PROVISIONS OF THIS ARTICLE.
   5. PROMULGATE SUCH RULES AND REGULATIONS AND TO DEVELOP SUCH FORMS AND
 PROCEDURES  NECESSARY  TO  EFFECTUATE  THE  PROVISIONS  OF THIS ARTICLE,
 INCLUDING BUT NOT LIMITED TO REQUIREMENTS FOR  THE  FORM,  CONTENT,  AND
 SUBMISSION OF APPLICATIONS BY MUNICIPALITIES FOR STATE FINANCIAL ASSIST-
 ANCE.
   6.  DELEGATE  TO,  OR  COOPERATE  WITH,  ANY OTHER STATE ENTITY IN THE
 ADMINISTRATION OF THIS ARTICLE.
   7. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER  OR
 DESIRABLE TO CARRY OUT THE PROVISIONS OF THIS ARTICLE.
 § 58-0107. POWERS AND DUTIES OF A MUNICIPALITY.
   A MUNICIPALITY SHALL HAVE THE POWER AND AUTHORITY TO:
   1.  UNDERTAKE  AND  CARRY  OUT  ANY PROJECT FOR WHICH STATE ASSISTANCE
 PAYMENTS PURSUANT TO CONTRACT ARE RECEIVED OR ARE TO BE RECEIVED  PURSU-
 ANT TO THIS ARTICLE AND MAINTAIN AND OPERATE SUCH PROJECT.
   2.  EXPEND  MONEY RECEIVED FROM THE STATE PURSUANT TO THIS ARTICLE FOR
 COSTS INCURRED IN CONJUNCTION WITH THE APPROVED PROJECT.
   3. APPLY FOR AND RECEIVE MONEYS FROM THE  STATE  FOR  THE  PURPOSE  OF
 ACCOMPLISHING  PROJECTS  UNDERTAKEN OR TO BE UNDERTAKEN PURSUANT TO THIS
 ARTICLE.
   4. PERFORM SUCH OTHER AND FURTHER ACTS AS MAY BE NECESSARY, PROPER  OR
 DESIRABLE TO CARRY OUT A PROJECT OR OBLIGATION, DUTY OR FUNCTION RELATED
 THERETO.
 § 58-0109. CONSISTENCY WITH FEDERAL TAX LAW.
   ALL  ACTIONS UNDERTAKEN PURSUANT TO THIS ARTICLE SHALL BE REVIEWED FOR
 CONSISTENCY WITH PROVISIONS OF THE FEDERAL  INTERNAL  REVENUE  CODE  AND
 REGULATIONS  THEREUNDER,  IN  ACCORDANCE  WITH PROCEDURES ESTABLISHED IN
 CONNECTION WITH THE ISSUANCE OF ANY TAX EXEMPT BONDS  PURSUANT  TO  THIS
 ARTICLE, TO PRESERVE THE TAX EXEMPT STATUS OF SUCH BONDS.
 § 58-0111. COMPLIANCE WITH OTHER LAW.
   EVERY RECIPIENT OF FUNDS TO BE MADE AVAILABLE PURSUANT TO THIS ARTICLE
 SHALL COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL LAWS.
                                  TITLE 3
                   RESTORATION AND FLOOD RISK REDUCTION
 SECTION 58-0301. ALLOCATION OF MONEYS.
         58-0303. PROGRAMS, PLANS AND PROJECTS.
 § 58-0301. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  CLEAN  AIR AND CLEAN WATER ENVIRONMENTAL BOND ACT OF 2021, NOT LESS
 THAN  ONE  BILLION  DOLLARS  ($1,000,000,000)  SHALL  BE  AVAILABLE  FOR
 DISBURSEMENTS  FOR  RESTORATION AND FLOOD RISK REDUCTION PROJECTS DEVEL-
 OPED PURSUANT TO SECTION 58-0303  OF  THIS  TITLE.  NOT  MORE  THAN  TWO
 HUNDRED  FIFTY  MILLION  DOLLARS  ($250,000,000) OF THIS AMOUNT SHALL BE
 AVAILABLE FOR PROJECTS PURSUANT TO SUBDIVISION TWO OF SECTION 58-0303 OF
 THIS TITLE AND NOT LESS THAN ONE HUNDRED MILLION DOLLARS  ($100,000,000)
 EACH  SHALL BE AVAILABLE FOR COASTAL REHABILITATION AND SHORELINE RESTO-

 A. 6566                             6

 RATION PROJECTS AND PROJECTS WHICH ADDRESS INLAND FLOODING, PURSUANT  TO
 PARAGRAPH A OF SUBDIVISION ONE OF SECTION 58-0303 OF THIS TITLE.
 § 58-0303. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE RESTORATION AND FLOOD RISK REDUCTION PROJECTS INCLUDE, BUT
 ARE NOT LIMITED TO COSTS ASSOCIATED WITH:
   A. (1) PROJECTS IDENTIFIED IN STATE AND REGIONAL MANAGEMENT AND RESTO-
 RATION  PROGRAMS  AND PLANS INCLUDING BUT NOT LIMITED TO THE GREAT LAKES
 ACTION AGENDA, MOHAWK RIVER BASIN  ACTION  AGENDA,  OCEAN  ACTION  PLAN,
 HUDSON  RIVER  ESTUARY  ACTION  AGENDA,  LONG ISLAND SOUND COMPREHENSIVE
 CONSERVATION AND MANAGEMENT PLAN, SOUTH SHORE ESTUARY RESERVE COMPREHEN-
 SIVE MANAGEMENT PLAN, PECONIC  ESTUARY  COMPREHENSIVE  CONSERVATION  AND
 MANAGEMENT  PLAN,  DELAWARE ACTION PLAN, SUSQUEHANNA ACTION PLAN, FOREST
 MANAGEMENT FRAMEWORK FOR NEW YORK CITY AND NEW  YORK/NEW  JERSEY  HARBOR
 ESTUARY PLAN;
   (2) LOCAL WATERFRONT REVITALIZATION PLANS PREPARED PURSUANT TO ARTICLE
 FORTY-TWO OF THE EXECUTIVE LAW; AND
   (3) COASTAL REHABILITATION AND SHORELINE RESTORATION PROJECTS, INCLUD-
 ING NATURE-BASED SOLUTIONS;
   B. FLOOD RISK REDUCTION PROJECTS INCLUDING BUT NOT LIMITED TO:  ACQUI-
 SITION  OF  REAL PROPERTY; MOVING, LIFTING OR RAISING OF EXISTING FLOOD-
 PRONE INFRASTRUCTURE OR STRUCTURES; RELOCATION, REPAIR,  OR  RAISING  OF
 FLOOD-PRONE  OR  REPEATEDLY  FLOODED  ROADWAYS;  AND PROJECTS TO REMOVE,
 ALTER, OR RIGHT-SIZE DAMS, BRIDGES, AND CULVERTS, BUT SHALL NOT  INCLUDE
 ROUTINE  CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE AND MUNICI-
 PALITIES WHICH DOES NOT PROVIDE FLOOD RISK REDUCTION BENEFITS; AND
   C. RESTORATION PROJECTS INCLUDING BUT NOT  LIMITED  TO:    FLOODPLAIN,
 WETLAND AND STREAM RESTORATION PROJECTS; FOREST CONSERVATION; ENDANGERED
 AND  THREATENED  SPECIES  PROJECTS;  AND  HABITAT  RESTORATION PROJECTS,
 INCLUDING ACQUISITION OF FEE TITLE AND EASEMENTS,  INTENDED  TO  IMPROVE
 THE LANDS AND WATERS OF THE STATE OF ECOLOGICAL SIGNIFICANCE OR ANY PART
 THEREOF,  INCLUDING,  BUT NOT LIMITED TO FORESTS, PONDS, BOGS, WETLANDS,
 BAYS, SOUNDS, STREAMS, RIVERS,  OR  LAKES  AND  SHORELINES  THEREOF,  TO
 SUPPORT  A  SPAWNING,  NURSERY, WINTERING, MIGRATORY, NESTING, BREEDING,
 FEEDING, OR FORAGING ENVIRONMENT FOR FISH AND WILDLIFE AND OTHER BIOTA.
   2. THE COMMISSIONER AND THE COMMISSIONER OF THE  DIVISION  OF  HOUSING
 AND COMMUNITY RENEWAL ARE AUTHORIZED PURSUANT TO PARAGRAPH B OF SUBDIVI-
 SION ONE OF THIS SECTION TO PURCHASE PRIVATE REAL PROPERTY IDENTIFIED AS
 AT-RISK TO FLOODING, FROM WILLING SELLERS. THE COMMISSIONER OF THE DIVI-
 SION OF HOUSING AND COMMUNITY RENEWAL SHALL BE AUTHORIZED TO TRANSFER TO
 ANY STATE AGENCY OR PUBLIC AUTHORITY ANY REAL PROPERTY IN ORDER TO CARRY
 OUT  THE  PURPOSES OF THIS ARTICLE. IN CONNECTION THEREWITH, THE HOUSING
 TRUST FUND CORPORATION SHALL BE AUTHORIZED TO CREATE A SUBSIDIARY CORPO-
 RATION TO CARRY OUT THE PROGRAM AUTHORIZED UNDER THIS SUBDIVISION.  SUCH
 SUBSIDIARY  CORPORATION  SHALL  HAVE ALL THE PRIVILEGES, IMMUNITIES, TAX
 EXEMPTION AND OTHER EXEMPTIONS OF THE AGENCY TO THE EXTENT THE SAME  ARE
 NOT INCONSISTENT WITH THIS SECTION.
   A.  THE  COMMISSIONER  AND THE COMMISSIONER OF THE DIVISION OF HOUSING
 AND COMMUNITY RENEWAL OR ANY OTHER DEPARTMENT OR STATE AGENCY  THAT  HAS
 RECEIVED  FUNDS  SUBALLOCATED  PURSUANT  TO  THIS SECTION MAY ENTER INTO
 AGREEMENTS WITH MUNICIPALITIES, AND NOT-FOR-PROFIT CORPORATIONS FOR  THE
 PURPOSE OF IMPLEMENTING A PROGRAM PURSUANT TO THIS SECTION.
   B.  THE  DEPARTMENT  AND THE DIVISION OF HOUSING AND COMMUNITY RENEWAL
 SHALL PRIORITIZE PROJECTS IN COMMUNITIES BASED ON  PAST  FLOOD  RISK  OR
 THOSE  THAT  PARTICIPATE  IN  THE  FEDERAL EMERGENCY MANAGEMENT AGENCY'S
 (FEMA) COMMUNITY RATING SYSTEM.

 A. 6566                             7
 
   C. ANY STATE AGENCY  OR  AUTHORITY,  MUNICIPALITY,  OR  NOT-FOR-PROFIT
 CORPORATION PURCHASING PRIVATE REAL PROPERTY MAY EXPEND COSTS ASSOCIATED
 WITH:
   (1)  THE  ACQUISITION  OF REAL PROPERTY, BASED UPON THE PRE-FLOOD FAIR
 MARKET VALUE OF THE SUBJECT PROPERTY;
   (2) THE DEMOLITION AND REMOVAL OF STRUCTURES AND/OR INFRASTRUCTURE  ON
 THE PROPERTY; AND
   (3) THE RESTORATION OF NATURAL RESOURCES TO FACILITATE BENEFICIAL OPEN
 SPACE, FLOOD MITIGATION, AND/OR SHORELINE STABILIZATION.
   D. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, ANY STRUCTURE
 WHICH  IS  LOCATED  ON  REAL PROPERTY PURCHASED PURSUANT TO THIS PROGRAM
 SHALL BE DEMOLISHED OR REMOVED, PROVIDED THAT IT DOES NOT SERVE A USE OR
 PURPOSE CONSISTENT WITH PARAGRAPH F OF THIS SUBDIVISION.
   E. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL BE PROPERTY OF THE
 STATE, MUNICIPALITY, OR A NOT-FOR-PROFIT CORPORATION.
   F. NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, REAL PROPERTY
 PURCHASED WITH FUNDING PURSUANT TO THIS PROGRAM SHALL  BE  RESTORED  AND
 MAINTAINED  IN  PERPETUITY  IN A MANNER THAT, AIMS TO INCREASE ECOSYSTEM
 FUNCTION, PROVIDE ADDITIONAL FLOOD  DAMAGE  MITIGATION  FOR  SURROUNDING
 PROPERTIES, PROTECT WILDLIFE HABITAT, AND WHEREVER PRACTICABLE AND SAFE,
 ALLOW  FOR  PASSIVE  AND/OR  RECREATIONAL COMMUNITY USE. MUNICIPAL FLOOD
 MITIGATION PLANS, RESILIENCE, WATERFRONT REVITALIZATION PLANS OR  HAZARD
 MITIGATION  PLANS,  WHEN  APPLICABLE, SHALL BE CONSULTED TO IDENTIFY THE
 APPROPRIATE RESTORATION AND END-USE OF THE PROPERTY.
   G. ALL OR A PORTION OF  THE  APPROPRIATION  IN  THIS  SECTION  MAY  BE
 PROVIDED  TO  THE  DEPARTMENT  OR  THE DIVISION OF HOUSING AND COMMUNITY
 RENEWAL OR SUBALLOCATED TO ANY OTHER DEPARTMENT, STATE AGENCY  OR  STATE
 AUTHORITY.
   H.  PRIVATE  REAL  PROPERTY  IDENTIFIED  AS AT-RISK TO FLOODING SHOULD
 GENERALLY BE LIMITED TO THOSE: (1) IDENTIFIED AS BEING  WITHIN  THE  ONE
 HUNDRED-YEAR  FLOODPLAIN  ON  THE MOST RECENT FEMA FLOOD INSURANCE MAPS;
 (2) FLOODED STRUCTURES THAT WOULD  QUALIFY  FOR  BUYOUT  UNDER  CRITERIA
 GENERALLY APPLICABLE TO FEMA POST-EMERGENCY ACQUISITIONS; (3) STRUCTURES
 IDENTIFIED  IN  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY AS
 SUITABLE FOR THE LOCATION  OF  A  FLOOD  RISK  MANAGEMENT  OR  ABATEMENT
 PROJECT  IN  AREAS IMMEDIATELY PROXIMATE TO INLAND OR COASTAL WATERWAYS;
 OR (4) STRUCTURES LOCATED IN COASTAL OR RIPARIAN AREAS  THAT  HAVE  BEEN
 DETERMINED  BY  A  STATE,  FEDERAL, LOCAL OR REGIONAL TECHNICAL STUDY TO
 SIGNIFICANTLY EXACERBATE FLOODING IN OTHER LOCATIONS.
   3. THE DEPARTMENT, THE OFFICE OF PARKS, RECREATION, AND HISTORIC PRES-
 ERVATION AND THE DEPARTMENT OF STATE ARE  AUTHORIZED  TO  PROVIDE  STATE
 ASSISTANCE  PAYMENTS  OR  GRANTS  TO  MUNICIPALITIES  AND NOT-FOR-PROFIT
 CORPORATIONS AND UNDERTAKE PROJECTS PURSUANT TO PARAGRAPH A OF  SUBDIVI-
 SION ONE OF THIS SECTION.
   4.  THE  DEPARTMENT  AND THE OFFICE OF PARKS, RECREATION, AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO  MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS AND UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH B OF SUBDIVISION  ONE  OF  THIS  SECTION.
 CULVERT AND BRIDGE PROJECTS SHALL BE IN COMPLIANCE WITH THE DEPARTMENT'S
 STREAM CROSSING GUIDELINES AND BEST MANAGEMENT PRACTICES, AND ENGINEERED
 FOR  STRUCTURAL  INTEGRITY AND APPROPRIATE HYDRAULIC CAPACITY INCLUDING,
 WHERE AVAILABLE, PROJECTS FLOWS BASED ON FLOOD  MODELING  THAT  INCORPO-
 RATES   CLIMATE   CHANGE  PROJECTIONS  AND  SHALL  NOT  INCLUDE  ROUTINE
 CONSTRUCTION OR MAINTENANCE UNDERTAKEN BY THE STATE OR MUNICIPALITIES.

 A. 6566                             8
 
   5. THE DEPARTMENT AND THE OFFICE OF PARKS,  RECREATION,  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES AND NOT-FOR-PROFIT CORPORATIONS  AND  UNDERTAKE
 PROJECTS PURSUANT TO PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.
   6.  PROVIDED  THAT  FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING
 UNDER PARAGRAPHS B AND C OF SUBDIVISION ONE OF THIS SECTION,  THE  RELE-
 VANT  AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING FOR A THIRTY-DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION  POST  SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 5
                OPEN SPACE LAND CONSERVATION AND RECREATION
 SECTION 58-0501. ALLOCATION OF MONEYS.
         58-0503. PROGRAMS, PLANS AND PROJECTS.
 § 58-0501. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE  CLEAN AIR AND CLEAN WATER ENVIRONMENTAL BOND ACT OF 2021 TO BE USED
 FOR OPEN SPACE LAND CONSERVATION AND RECREATION  PROJECTS,  UP  TO  FIVE
 HUNDRED  FIFTY  MILLION  DOLLARS  ($550,000,000)  SHALL BE AVAILABLE FOR
 PROGRAMS, PLANS, AND PROJECTS DEVELOPED PURSUANT TO SECTION  58-0503  OF
 THIS   TITLE,  HOWEVER,  NOT  MORE  THAN  SEVENTY-FIVE  MILLION  DOLLARS
 ($75,000,000) SHALL BE MADE AVAILABLE FOR THE CREATION OF A FISH  HATCH-
 ERY,  OR  THE  IMPROVEMENT, EXPANSION, REPAIR OR MAINTENANCE OF EXISTING
 FISH  HATCHERIES,  NOT   LESS   THAN   TWO   HUNDRED   MILLION   DOLLARS
 ($200,000,000)  SHALL BE MADE AVAILABLE FOR OPEN SPACE LAND CONSERVATION
 PROJECTS PURSUANT TO PARAGRAPH A OF SUBDIVISION ONE OF  SECTION  58-0503
 OF   THIS   TITLE   AND  NOT  LESS  THAN  ONE  HUNDRED  MILLION  DOLLARS
 ($100,000,000) SHALL BE MADE AVAILABLE FOR FARMLAND PROTECTION  PURSUANT
 TO PARAGRAPH B OF SUBDIVISION ONE OF SECTION 58-0503 OF THIS TITLE.
 § 58-0503. PROGRAMS, PLANS AND PROJECTS.
   1.  ELIGIBLE  OPEN  SPACE  WORKING  LANDS  CONSERVATION AND RECREATION
 PROJECTS INCLUDE, BUT ARE NOT LIMITED TO:
   A. COSTS ASSOCIATED WITH OPEN SPACE LAND CONSERVATION PROJECTS;
   B. COSTS ASSOCIATED WITH PURCHASING CONSERVATION EASEMENTS TO  PROTECT
 FARMLAND  PURSUANT  TO  ARTICLE  TWENTY-FIVE-AAA  OF THE AGRICULTURE AND
 MARKETS LAW; AND
   C. COSTS ASSOCIATED WITH RECREATIONAL INFRASTRUCTURE PROJECTS.
   2. THE DEPARTMENT OR THE OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC
 PRESERVATION  ARE  AUTHORIZED  TO UNDERTAKE OPEN SPACE LAND CONSERVATION
 PROJECTS, IN COOPERATION WITH WILLING SELLERS  PURSUANT  TO  SUBDIVISION
 ONE OF THIS SECTION AND MAY ENTER INTO AN AGREEMENT FOR PURCHASE OF REAL
 PROPERTY OR CONSERVATION EASEMENTS ON REAL PROPERTY BY A MUNICIPALITY OR
 A  NOT-FOR-PROFIT  CORPORATION.  ANY  SUCH  AGREEMENT SHALL CONTAIN SUCH
 PROVISIONS AS SHALL BE NECESSARY TO ENSURE THAT THE PURCHASE IS CONSIST-
 ENT WITH, AND IN FURTHERANCE OF, THIS TITLE AND SHALL BE SUBJECT TO  THE
 APPROVAL  OF  THE  COMPTROLLER AND, AS TO FORM, THE ATTORNEY GENERAL. IN
 UNDERTAKING SUCH PROJECTS, SUCH COMMISSIONERS SHALL CONSIDER  THE  STATE
 LAND ACQUISITION PLAN PREPARED PURSUANT TO SECTION 49-0207 OF THIS CHAP-
 TER.  FURTHER,  THE  DEPARTMENT  OR  THE OFFICE OF PARKS, RECREATION AND
 HISTORIC  PRESERVATION  ARE  AUTHORIZED  TO  PROVIDE  STATE   ASSISTANCE
 PAYMENTS  TO  MUNICIPALITIES FOR ELIGIBLE PROJECTS CONSISTENT WITH PARA-
 GRAPHS A AND C OF SUBDIVISION ONE OF THIS SECTION.
   3. THE COST OF AN OPEN SPACE LAND CONSERVATION PROJECT  SHALL  INCLUDE
 THE COST OF PREPARING A MANAGEMENT PLAN FOR THE PRESERVATION AND BENEFI-
 CIAL  PUBLIC  ENJOYMENT  OF  THE  LAND ACQUIRED PURSUANT TO THIS SECTION

 A. 6566                             9
 
 EXCEPT WHERE SUCH A MANAGEMENT PLAN  ALREADY  EXISTS  FOR  THE  ACQUIRED
 LAND.
   4.  THE  DEPARTMENT  AND THE DEPARTMENT OF AGRICULTURE AND MARKETS ARE
 AUTHORIZED TO PROVIDE, PURSUANT TO PARAGRAPH B  OF  SUBDIVISION  ONE  OF
 THIS  SECTION,  FARMLAND  PRESERVATION  IMPLEMENTATION  GRANTS TO COUNTY
 AGRICULTURAL AND FARMLAND PROTECTION BOARDS PURSUANT TO ARTICLE  TWENTY-
 FIVE-AAA  OF THE AGRICULTURE AND MARKETS LAW, OR TO MUNICIPALITIES, SOIL
 AND WATER CONSERVATION  DISTRICTS  OR  NOT-FOR-PROFIT  CORPORATIONS  FOR
 IMPLEMENTATION OF PROJECTS.
   5.  THE  DEPARTMENT  IS AUTHORIZED TO EXPEND MONEYS TO PURCHASE EQUIP-
 MENT, DEVICES, AND OTHER NECESSARY MATERIALS AND TO ACQUIRE FEE TITLE OR
 CONSERVATION EASEMENTS IN LANDS FOR MONITORING,  RESTORATION,  RECOVERY,
 OR  REINTRODUCTION  PROJECTS FOR SPECIES LISTED AS ENDANGERED OR THREAT-
 ENED OR LISTED AS A SPECIES  OF  SPECIAL  CONCERN  PURSUANT  TO  SECTION
 11-0535 OF THIS CHAPTER.
   6.  THE  DEPARTMENT  OR  THE  OFFICE OF PARKS, RECREATION AND HISTORIC
 PRESERVATION ARE AUTHORIZED TO EXPEND MONEYS FOR THE  PLANNING,  DESIGN,
 AND  CONSTRUCTION OF PROJECTS TO DEVELOP AND IMPROVE PARKS, CAMPGROUNDS,
 NATURE CENTERS, FISH HATCHERIES, AND OTHER RECREATIONAL FACILITIES.
   7. THE COMMISSIONER AND A NOT-FOR-PROFIT CORPORATION MAY ENTER INTO  A
 CONTRACT  FOR  THE  UNDERTAKING  BY THE NOT-FOR-PROFIT CORPORATION OF AN
 OPEN SPACE LAND ACQUISITION PROJECT.
   8. REAL PROPERTY ACQUIRED, DEVELOPED, IMPROVED, RESTORED OR  REHABILI-
 TATED  BY  OR THROUGH A MUNICIPALITY PURSUANT TO PARAGRAPH A OF SUBDIVI-
 SION ONE OF THIS SECTION OR UNDERTAKEN BY OR ON BEHALF OF A MUNICIPALITY
 WITH FUNDS MADE AVAILABLE PURSUANT TO THIS  TITLE  SHALL  NOT  BE  SOLD,
 LEASED,  EXCHANGED,  DONATED  OR OTHERWISE DISPOSED OF OR USED FOR OTHER
 THAN PUBLIC PARK PURPOSES WITHOUT THE EXPRESS AUTHORITY OF AN ACT OF THE
 LEGISLATURE, WHICH SHALL PROVIDE FOR THE SUBSTITUTION OF OTHER LANDS  OF
 EQUAL  ENVIRONMENTAL  VALUE  AND FAIR MARKET VALUE AND REASONABLY EQUIV-
 ALENT USEFULNESS AND LOCATION TO  THOSE  TO  BE  DISCONTINUED,  SOLD  OR
 DISPOSED  OF,  AND  SUCH  OTHER REQUIREMENTS AS SHALL BE APPROVED BY THE
 COMMISSIONER.
   9. PROVIDED THAT FOR THE PURPOSES OF SELECTING  PROJECTS  FOR  FUNDING
 UNDER  PARAGRAPHS  A AND B OF SUBDIVISION ONE OF THIS SECTION, THE RELE-
 VANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES AND POST  INFORMATION
 ON THE DEPARTMENT'S WEBSITE IN THE ENVIRONMENTAL NOTICE BULLETIN PROVID-
 ING  FOR  A THIRTY DAY PUBLIC COMMENT PERIOD AND UPON ADOPTION POST SUCH
 ELIGIBILITY GUIDELINES ON THE RELEVANT AGENCY'S WEBSITE.
                                  TITLE 7
                         CLIMATE CHANGE MITIGATION
 SECTION 58-0701. ALLOCATION OF MONEYS.
         58-0703. PROGRAMS, PLANS AND PROJECTS.
 § 58-0701. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE CLEAN AIR AND CLEAN WATER ENVIRONMENTAL BOND  ACT  OF  2021,  UP  TO
 SEVEN HUNDRED MILLION DOLLARS ($700,000,000) SHALL BE MADE AVAILABLE FOR
 DISBURSEMENTS  FOR CLIMATE CHANGE MITIGATION PROJECTS DEVELOPED PURSUANT
 TO SECTION 58-0703 OF THIS TITLE. NOT  LESS  THAN  THREE  HUNDRED  FIFTY
 MILLION  DOLLARS  ($350,000,000)  OF  THIS AMOUNT SHALL BE AVAILABLE FOR
 GREEN BUILDINGS PROJECTS.
 § 58-0703. PROGRAMS, PLANS AND PROJECTS.
   1. ELIGIBLE CLIMATE CHANGE MITIGATION PROJECTS INCLUDE,  BUT  ARE  NOT
 LIMITED TO:
   A.  COSTS  ASSOCIATED  WITH  GREEN  BUILDING  PROJECTS,  PROJECTS THAT
 INCREASE ENERGY EFFICIENCY OR THE USE OR SITING OF RENEWABLE  ENERGY  ON

 A. 6566                            10
 
 STATE-OWNED  BUILDINGS  OR  PROPERTIES  INCLUDING BUILDINGS OWNED BY THE
 STATE UNIVERSITY OF THE STATE OF NEW YORK, CITY UNIVERSITY OF THE  STATE
 OF NEW YORK, AND COMMUNITY COLLEGES;
   B.  COSTS  ASSOCIATED  WITH  PROJECTS THAT UTILIZE NATURAL AND WORKING
 LANDS TO SEQUESTER CARBON AND MITIGATE METHANE EMISSIONS  FROM  AGRICUL-
 TURAL  SOURCES,  SUCH  AS  MANURE  STORAGE  THROUGH  COVER  AND  METHANE
 REDUCTION TECHNOLOGIES;
   C. COSTS ASSOCIATED WITH IMPLEMENTING  CLIMATE  ADAPTATION  AND  MITI-
 GATION PROJECTS PURSUANT TO SECTION 54-1523 OF THIS CHAPTER;
   D.  COSTS  ASSOCIATED  WITH URBAN FORESTRY PROJECTS SUCH AS FOREST AND
 HABITAT RESTORATION, FOR PURCHASE AND PLANTING OF STREET TREES  AND  FOR
 PROJECTS  TO  EXPAND  THE  EXISTING  TREE  CANOPY  AND BOLSTER COMMUNITY
 HEALTH;
   E. COSTS ASSOCIATED  WITH  PROJECTS  THAT  REDUCE  URBAN  HEAT  ISLAND
 EFFECT,  SUCH  AS  INSTALLATION  OF  GREEN ROOFS, OPEN SPACE PROTECTION,
 COMMUNITY GARDENS, COOL  PAVEMENT  PROJECTS,  PROJECTS  THAT  CREATE  OR
 UPGRADE  COMMUNITY  COOLING  CENTERS, AND THE INSTALLATION OF REFLECTIVE
 ROOFS WHERE INSTALLATION OF GREEN ROOFS IS NOT POSSIBLE;
   F.  COSTS ASSOCIATED WITH PROJECTS FOR THE  INSTALLATION  OF  PUBLICLY
 AVAILABLE FAST CHARGING ELECTRIC VEHICLE CHARGING STATIONS AND THE ELEC-
 TRIFICATION OF MUNICIPAL AND STATE FLEET VEHICLES;
   G.    COSTS  ASSOCIATED  WITH  PROJECTS  TO  REDUCE  OR  ELIMINATE AIR
 POLLUTION FROM STATIONARY OR MOBILE SOURCES OF AIR  POLLUTION  AFFECTING
 AN  ENVIRONMENTAL  JUSTICE COMMUNITY, INCLUDING, BUT NOT LIMITED TO, AIR
 MONITORING EQUIPMENT; AND
   H. COSTS ASSOCIATED WITH PROJECTS  WHICH  WOULD  REDUCE  OR  ELIMINATE
 WATER  POLLUTION,  WHETHER FROM POINT OR NON-POINT DISCHARGES, AFFECTING
 AN ENVIRONMENTAL JUSTICE COMMUNITY.
   2. THE DEPARTMENT, THE DEPARTMENT  OF  AGRICULTURE  AND  MARKETS,  THE
 OFFICE  OF  PARKS,  RECREATION  AND  HISTORIC PRESERVATION, THE NEW YORK
 STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY AND THE OFFICE OF GENER-
 AL SERVICES ARE AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE  PAYMENTS  OR
 GRANTS  TO  MUNICIPALITIES  AND NOT-FOR-PROFIT CORPORATIONS OR UNDERTAKE
 PROJECTS PURSUANT TO THIS SECTION.
   3. PROVIDED THAT FOR THE PURPOSES OF SELECTING  PROJECTS  FOR  FUNDING
 UNDER  THIS  SECTION,  THE  RELEVANT  AGENCIES SHALL DEVELOP ELIGIBILITY
 GUIDELINES AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE IN THE ENVI-
 RONMENTAL NOTICE BULLETIN PROVIDING  FOR  A  THIRTY-DAY  PUBLIC  COMMENT
 PERIOD  AND  UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELE-
 VANT AGENCY'S WEBSITE.
                                  TITLE 9
          WATER QUALITY IMPROVEMENT AND RESILIENT INFRASTRUCTURE
 SECTION 58-0901. ALLOCATION OF MONEYS.
         58-0903. PROGRAMS, PLANS AND PROJECTS.
 § 58-0901. ALLOCATION OF MONEYS.
   OF THE MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS PURSUANT TO
 THE CLEAN AIR AND  CLEAN  WATER  ENVIRONMENTAL  BOND  ACT  OF  2021  FOR
 DISBURSEMENTS   FOR  STATE  ASSISTANCE  FOR  WATER  QUALITY  IMPROVEMENT
 PROJECTS AS DEFINED BY TITLE ONE OF THIS ARTICLE,  NOT  LESS  THAN  FIVE
 HUNDRED  FIFTY  MILLION  DOLLARS  ($550,000,000)  SHALL BE AVAILABLE FOR
 WATER QUALITY IMPROVEMENT PROJECTS DEVELOPED PURSUANT TO SECTION 58-0903
 OF THIS TITLE. NOT LESS THAN TWO HUNDRED MILLION DOLLARS  ($200,000,000)
 OF THIS AMOUNT SHALL BE AVAILABLE FOR WASTEWATER INFRASTRUCTURE PROJECTS
 UNDERTAKEN  PURSUANT TO THE NEW YORK STATE WATER INFRASTRUCTURE IMPROVE-
 MENT ACT OF 2017 PURSUANT TO PARAGRAPH E OF SUBDIVISION ONE  OF  SECTION
 58-0903  OF  THIS  TITLE,  AND NOT LESS THAN ONE HUNDRED MILLION DOLLARS

 A. 6566                            11
 
 ($100,000,000) SHALL BE  AVAILABLE  FOR  MUNICIPAL  STORMWATER  PROJECTS
 PURSUANT  TO  PARAGRAPH  A OF SUBDIVISION ONE OF SECTION 58-0903 OF THIS
 TITLE.
 § 58-0903. PROGRAMS, PLANS AND PROJECTS.
   1.  ELIGIBLE  WATER QUALITY IMPROVEMENT PROJECT COSTS INCLUDE, BUT ARE
 NOT LIMITED TO:
   A. COSTS ASSOCIATED WITH GRANTS TO MUNICIPALITIES  FOR  PROJECTS  THAT
 REDUCE  OR  CONTROL STORM WATER RUNOFF, USING GREEN INFRASTRUCTURE WHERE
 PRACTICABLE;
   B. COSTS ASSOCIATED WITH PROJECTS THAT  REDUCE  AGRICULTURAL  NUTRIENT
 RUNOFF  AND PROMOTE SOIL HEALTH SUCH AS PROJECTS WHICH IMPLEMENT COMPRE-
 HENSIVE NUTRIENT MANAGEMENT PLANS, OTHER AGRICULTURAL  NUTRIENT  MANAGE-
 MENT  PROJECTS,  AND  NON-POINT  SOURCE  ABATEMENT  AND CONTROL PROGRAMS
 INCLUDING PROJECTS DEVELOPED PURSUANT TO SECTIONS ELEVEN-A AND  ELEVEN-B
 OF THE SOIL AND WATER CONSERVATION DISTRICTS;
   C.  COSTS  ASSOCIATED  WITH PROJECTS THAT ADDRESS HARMFUL ALGAL BLOOMS
 SUCH AS ABATEMENT PROJECTS AND PROJECTS FOCUSED ON  ADDRESSING  NUTRIENT
 REDUCTION  IN  FRESHWATER  AND  MARINE WATERS, WASTEWATER INFRASTRUCTURE
 SYSTEMS THAT TREAT NITROGEN AND PHOSPHORUS, AND LAKE TREATMENT SYSTEMS;
   D. COSTS ASSOCIATED WITH WASTEWATER INFRASTRUCTURE PROJECTS  INCLUDING
 BUT  NOT  LIMITED  TO  EXTENDING  OR ESTABLISHING SEWER LINES TO REPLACE
 FAILING SEPTIC SYSTEMS OR CESSPOOLS AND PROJECTS AS PROVIDED BY  SECTION
 TWELVE HUNDRED EIGHTY-FIVE-U OF THE PUBLIC AUTHORITIES LAW;
   E.  COSTS ASSOCIATED WITH PROJECTS TO REDUCE, AVOID OR ELIMINATE POINT
 AND NON-POINT SOURCE DISCHARGES TO WATER INCLUDING  PROJECTS  AUTHORIZED
 BY  THE  NEW YORK STATE WATER IMPROVEMENT INFRASTRUCTURE ACT OF 2017 AND
 SECTION TWELVE HUNDRED EIGHTY-FIVE-S OF THE PUBLIC AUTHORITIES LAW;
   F. COSTS ASSOCIATED WITH THE  ESTABLISHMENT  OF  RIPARIAN  BUFFERS  TO
 PROVIDE DISTANCE BETWEEN FARM FIELDS AND STREAMS OR ABATE EROSION DURING
 HIGH FLOW EVENTS; AND
   G.  COSTS  ASSOCIATED  WITH  LEAD SERVICE LINE REPLACEMENT PURSUANT TO
 SECTION ELEVEN HUNDRED FOURTEEN OF THE PUBLIC HEALTH LAW.
   2. THE DEPARTMENT AND THE  NEW  YORK  STATE  ENVIRONMENTAL  FACILITIES
 CORPORATION  ARE  AUTHORIZED  TO  PROVIDE  STATE  ASSISTANCE PAYMENTS OR
 GRANTS TO MUNICIPALITIES FOR PROJECTS AUTHORIZED PURSUANT TO  PARAGRAPHS
 A, B, AND D OF SUBDIVISION ONE OF THIS SECTION.
   3.  THE  DEPARTMENT  OF AGRICULTURE AND MARKETS SHALL BE AUTHORIZED TO
 MAKE STATE ASSISTANCE PAYMENTS TO SOIL AND WATER CONSERVATION  DISTRICTS
 FOR  THE  COST  OF  IMPLEMENTING  AGRICULTURAL  ENVIRONMENTAL MANAGEMENT
 PLANS, INCLUDING PURCHASE OF EQUIPMENT FOR MEASURING AND MONITORING SOIL
 HEALTH AND SOIL CONDITIONS.
   4. THE DEPARTMENT IS AUTHORIZED TO MAKE GRANTS AVAILABLE  TO  NOT-FOR-
 PROFITS AND ACADEMIC INSTITUTIONS FOR PARAGRAPHS B, C, AND F OF SUBDIVI-
 SION  ONE OF THIS SECTION, AND MAKE STATE ASSISTANCE PAYMENTS TO MUNICI-
 PALITIES AND UNDERTAKE PROJECTS PURSUANT TO THIS SECTION.
   5. PROVIDED THAT FOR THE PURPOSES OF SELECTING PROJECTS FOR FUNDING OF
 THIS SECTION, THE RELEVANT AGENCIES SHALL DEVELOP ELIGIBILITY GUIDELINES
 AND POST INFORMATION ON THE DEPARTMENT'S WEBSITE  IN  THE  ENVIRONMENTAL
 NOTICE  BULLETIN  PROVIDING  FOR  A THIRTY-DAY PUBLIC COMMENT PERIOD AND
 UPON ADOPTION POST SUCH ELIGIBILITY GUIDELINES ON THE RELEVANT  AGENCY'S
 WEBSITE.
                                 TITLE 11
                    ENVIRONMENTAL JUSTICE AND REPORTING
 SECTION 58-1101. BENEFITS OF FUNDS.
         58-1103. REPORTING.
 § 58-1101. BENEFITS OF FUNDS.

 A. 6566                            12
 
   THE  DEPARTMENT  SHALL MAKE EVERY EFFORT PRACTICABLE TO ENSURE THAT NO
 LESS THAN THIRTY-FIVE PERCENT OF THE  FUNDS  PURSUANT  TO  THIS  ARTICLE
 BENEFIT ENVIRONMENTAL JUSTICE COMMUNITIES.
 § 58-1103. REPORTING.
   1.  NO  LATER  THAN  SIXTY DAYS FOLLOWING THE END OF EACH FISCAL YEAR,
 EACH DEPARTMENT, AGENCY, PUBLIC BENEFIT CORPORATION, AND PUBLIC AUTHORI-
 TY RECEIVING AN ALLOCATION OR ALLOCATIONS OF APPROPRIATION FINANCED FROM
 THE CLEAN AIR AND CLEAN WATER  ENVIRONMENTAL  BOND  ACT  OF  2021  SHALL
 SUBMIT  TO  THE  COMMISSIONER  IN  A  MANNER  AND FORM PRESCRIBED BY THE
 DEPARTMENT, THE FOLLOWING INFORMATION AS OF MARCH THIRTY-FIRST  OF  SUCH
 FISCAL  YEAR,  WITHIN  EACH  CATEGORY  LISTED IN THIS TITLE:   THE TOTAL
 APPROPRIATION; TOTAL COMMITMENTS; YEAR-TO-DATE DISBURSEMENTS;  REMAINING
 UNCOMMITTED BALANCES; AND A DESCRIPTION OF EACH PROJECT.
   2.  NO  LATER  THAN  ONE HUNDRED TWENTY DAYS FOLLOWING THE END OF EACH
 FISCAL YEAR, THE DEPARTMENT SHALL SUBMIT TO THE GOVERNOR, THE  TEMPORARY
 PRESIDENT  OF  THE SENATE, AND THE SPEAKER OF THE ASSEMBLY A REPORT THAT
 INCLUDES THE INFORMATION RECEIVED. A COPY OF THE REPORT SHALL BE  POSTED
 ON THE DEPARTMENT'S WEBSITE.
   §  2. The state finance law is amended by adding a new section 97-tttt
 to read as follows:
   § 97-TTTT. CLEAN AIR AND CLEAN WATER BOND FUND.  1.  THERE  IS  HEREBY
 ESTABLISHED  IN  THE  JOINT  CUSTODY  OF  THE  STATE COMPTROLLER AND THE
 COMMISSIONER OF TAXATION AND FINANCE A SPECIAL FUND TO BE KNOWN  AS  THE
 "CLEAN AIR AND CLEAN WATER BOND FUND".
   2.  THE  STATE  COMPTROLLER SHALL DEPOSIT INTO THE CLEAN AIR AND CLEAN
 WATER BOND FUND ALL MONEYS RECEIVED BY THE STATE FROM THE SALE OF  BONDS
 AND/OR NOTES FOR USES ELIGIBLE PURSUANT TO SECTION FOUR OF THE CLEAN AIR
 AND CLEAN WATER ENVIRONMENTAL BOND ACT OF 2021.
   3. MONEYS IN THE CLEAN AIR AND CLEAN WATER BOND FUND, FOLLOWING APPRO-
 PRIATION  BY THE LEGISLATURE AND ALLOCATION BY THE DIRECTOR OF THE BUDG-
 ET, SHALL BE AVAILABLE ONLY FOR REIMBURSEMENT OF EXPENDITURES MADE  FROM
 APPROPRIATIONS  FROM  THE  CAPITAL  PROJECTS FUND FOR THE PURPOSE OF THE
 CLEAN AIR AND CLEAN WATER BOND FUND, AS SET FORTH IN THE CLEAN  AIR  AND
 CLEAN WATER ENVIRONMENTAL BOND ACT OF 2021.
   4. NO MONEYS RECEIVED BY THE STATE FROM THE SALE OF BONDS AND/OR NOTES
 SOLD PURSUANT TO THE CLEAN AIR AND CLEAN WATER ENVIRONMENTAL BOND ACT OF
 2021  SHALL  BE  EXPENDED FOR ANY PROJECT UNTIL FUNDS THEREFOR HAVE BEEN
 ALLOCATED PURSUANT TO THE PROVISIONS OF THIS SECTION AND COPIES  OF  THE
 APPROPRIATE  CERTIFICATES OF APPROVAL FILED WITH THE CHAIR OF THE SENATE
 FINANCE COMMITTEE, THE CHAIR OF THE ASSEMBLY WAYS  AND  MEANS  COMMITTEE
 AND THE STATE COMPTROLLER.
   §  3.  Section  61 of the state finance law is amended by adding a new
 subdivision 32 to read as follows:
   32. THIRTY YEARS. FOR THE PAYMENT  OF  "CLEAN  AIR  AND  CLEAN  WATER"
 PROJECTS, AS DEFINED IN ARTICLE FIFTY-EIGHT OF THE ENVIRONMENTAL CONSER-
 VATION LAW AND UNDERTAKEN PURSUANT TO A CHAPTER OF THE LAWS OF TWO THOU-
 SAND TWENTY-ONE, ENACTING AND CONSTITUTING THE CLEAN AIR AND CLEAN WATER
 ENVIRONMENTAL  BOND ACT OF 2021.  THIRTY YEARS FOR FLOOD CONTROL INFRAS-
 TRUCTURE, OTHER ENVIRONMENTAL INFRASTRUCTURE, WETLAND AND OTHER  HABITAT
 RESTORATION,  WATER  QUALITY  PROJECTS,  ACQUISITION  OF LAND, INCLUDING
 ACQUISITION OF REAL PROPERTY, AND RENEWABLE  ENERGY  PROJECTS.  NOTWITH-
 STANDING  THE  FOREGOING,  FOR  THE  PURPOSES OF CALCULATING ANNUAL DEBT
 SERVICE, THE STATE COMPTROLLER SHALL APPLY A WEIGHTED AVERAGE PERIOD  OF
 PROBABLE LIFE OF CLEAN AIR AND CLEAN WATER PROJECTS, INCLUDING ANY OTHER
 WORKS OR PURPOSES TO BE FINANCED WITH STATE DEBT. WEIGHTED AVERAGE PERI-
 OD  OF  PROBABLE  LIFE  SHALL  BE DETERMINED BY COMPUTING THE SUM OF THE

 A. 6566                            13
 
 PRODUCTS DERIVED FROM MULTIPLYING THE DOLLAR VALUE OF THE PORTION OF THE
 DEBT CONTRACTED FOR EACH WORK OR PURPOSE (OR CLASS OF WORKS OR PURPOSES)
 BY THE PROBABLE LIFE OF SUCH WORK OR  PURPOSE  (OR  CLASS  OF  WORKS  OR
 PURPOSES)  AND  DIVIDING  THE  RESULTING  SUM BY THE DOLLAR VALUE OF THE
 ENTIRE DEBT AFTER TAKING INTO CONSIDERATION ANY ORIGINAL  ISSUE  PREMIUM
 OR DISCOUNT.
   §  4.  If any clause, sentence, paragraph, section or part of this act
 shall be adjudged by any court of competent jurisdiction to be  invalid,
 such judgment shall not affect, impair or invalidate the remainder ther-
 eof,  but  shall  be  confined in its operation to the clause, sentence,
 paragraph, section or part thereof directly involved in the  controversy
 in which such judgment shall have been rendered.
   §  5.  This  act shall take effect only in the event that section 1 of
 part A of this act enacting the clean air and clean water  environmental
 bond  act  of 2021 is submitted to the people at the general election to
 be held in November 2021 and is approved by a majority of all votes cast
 for and against it at such election. Upon such approval, this act  shall
 take effect immediately; provided that the commissioner of environmental
 conservation  shall notify the legislative bill drafting commission upon
 the occurrence of the enactment of section 1  of  part  A  of  this  act
 enacting  the  clean air and clean water environmental bond act of 2021,
 in order that the commission may maintain an accurate and timely  effec-
 tive data base of the official text of the laws of the state of New York
 in  furtherance  of  effectuating  the  provisions  of section 44 of the
 legislative law and section 70-b of the public officers law.
   § 2. Severability clause. If any clause, sentence, paragraph, subdivi-
 sion, section or part of this act shall be adjudged by a court of compe-
 tent jurisdiction to be invalid, such judgment shall not affect, impair,
 or invalidate the remainder thereof, but shall be confined in its opera-
 tion to the clause, sentence, paragraph, subdivision,  section  or  part
 thereof  directly  involved  in  the  controversy in which such judgment
 shall have been rendered. It is hereby declared to be the intent of  the
 legislature  that  this act would have been enacted even if such invalid
 provisions had not been included herein.
   § 3. This act shall take effect immediately, provided,  however,  that
 the  applicable effective date of Parts A through B of this act shall be
 as specifically set forth in the last section of such Parts.