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This entry was published on 2023-03-10
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SECTION 8-0105
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 8
§ 8-0105. Definitions.

Unless the context otherwise requires, the definitions in this section
shall govern the construction of the following terms as used in this
article: 1. "State agency" means any state department, agency, board,
public benefit corporation, public authority or commission.

2. "Local agency" means any local agency, board, district, commission
or governing body, including any city, county, and other political
subdivision of the state.

3. "Agency" means any state or local agency.

4. "Actions" include:

(i) projects or activities directly undertaken by any agency; or
projects or activities supported in whole or part through contracts,
grants, subsidies, loans, or other forms of funding assistance from one
or more agencies; or projects or activities involving the issuance to a
person of a lease, permit, license, certificate or other entitlement for
use or permission to act by one or more agencies;

(ii) policy, regulations, and procedure-making.

5. "Actions" do not include:

(i) enforcement proceedings or the exercise of prosecutorial
discretion in determining whether or not to institute such proceedings;

(ii) official acts of a ministerial nature, involving no exercise of

(iii) maintenance or repair involving no substantial changes in
exsiting structure or facility.

6. "Environment" means the physical conditions which will be affected
by a proposed action, including land, air, water, minerals, flora,
fauna, noise, objects of historic or aesthetic significance, existing
patterns of population concentration, distribution, or growth, and
existing community or neighborhood character.

7. "Environmental impact statement" means a detailed statement setting
forth the matters specified in section 8-0109 of this article. It
includes any comments on a draft environmental statement which are
received pursuant to section 8-0109 of this article, and the agency's
response to such comments, to the extent that such comments raise issues
not adequately resolved in the draft environmental statement.

8. "Draft environmental impact statement" means a preliminary
statement prepared pursuant to section 8-0109 of this article.

* 9. "Disadvantaged community" shall have the same meaning as
subdivision five of section 75-0101 of this chapter.

* NB Effective December 30, 2024

* 10. "Pollution" shall have the same meaning as defined by
subdivision nineteen of section 1-0303 of this chapter.

* NB Effective December 30, 2024