N.Y. Environmental Conservation Law 8-0105 – Definitions
§ 8-0105. Definitions.
Terms Used In N.Y. Environmental Conservation Law 8-0105
- Agency: means any state or local agency. See N.Y. Environmental Conservation Law 8-0105
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Local agency: means any local agency, board, district, commission or governing body, including any city, county, and other political subdivision of the state. See N.Y. Environmental Conservation Law 8-0105
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 discretion;
(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