Legislation
SECTION 58-0101
Definitions
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 58, TITLE 1
§ 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 water, clean air, and green jobs environmental bond act of 2022 "
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,
engineering 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
conservation.
4. "Disadvantaged communities" shall mean a community that is
identified pursuant to section 75-0111 of this chapter.
5. "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.
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
modifying a renewable energy source at a state-owned building or for the
purpose of converting or connecting a state-owned building or a public
school building, or portion thereof, to a renewable energy source; (ii)
reducing energy use or improving energy efficiency or occupant health at
a state-owned building or a public school building; (iii) installing a
green roof at a state-owned building or a public school building; (iv)
installation of renewable heating and cooling systems at a state-owned
building or a public school building; or (v) emission reduction
projects.
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.
As used in this article the following terms shall mean and include:
1. "Bonds" shall mean general obligation bonds issued pursuant to the
"clean water, clean air, and green jobs environmental bond act of 2022 "
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,
engineering 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
conservation.
4. "Disadvantaged communities" shall mean a community that is
identified pursuant to section 75-0111 of this chapter.
5. "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.
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
modifying a renewable energy source at a state-owned building or for the
purpose of converting or connecting a state-owned building or a public
school building, or portion thereof, to a renewable energy source; (ii)
reducing energy use or improving energy efficiency or occupant health at
a state-owned building or a public school building; (iii) installing a
green roof at a state-owned building or a public school building; (iv)
installation of renewable heating and cooling systems at a state-owned
building or a public school building; or (v) emission reduction
projects.
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.