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.