Section 54-0101. Definitions  


Latest version.
  • As  used  in this article, unless otherwise specified within any title
      of this article, the following terms shall mean and include:
        1.   "Commissioner"   means   the   commissioner   of    environmental
      conservation;  except  that  within and for the purposes of the projects
      undertaken by the office pursuant to title nine  of  this  article,  the
      term  shall mean the commissioner of the office of parks, recreation and
      historic preservation.
        2. "Cost" means the cost of an approved project, which  shall  include
      engineering   and  architectural  services,  plans  and  specifications,
      consultant and legal services, and other  direct  expenses  incident  to
      such  project less any federal assistance received or to be received and
      any other assistance from other parties.
        3. "Department" means the department of environmental conservation.
        4. "Facility" means any structure or site improvement including paths,
      trails, roads, bridges, ramps and buildings.
        5. "Federal assistance" means funds available,  other  than  by  loan,
      from  the  federal  government, either directly or through allocation by
      the state for construction or program purposes pursuant to  any  federal
      law or program.
        6. "Governing body" means:
        a. in the case of a county outside of the city of New York, the county
      board of supervisors or other elective governing body;
        b.  in  the  case  of  a  city  or village, the local legislative body
      thereof, as the term is defined in the municipal home rule law;
        c. in the case of a town, the town board;
        d. in  the  case  of  a  public  benefit  corporation,  the  board  of
      directors, members or trustees thereof;
        e.  in  the  case  of  a  public  authority,  the  governing  board of
      directors, members, or trustees thereof;
        f. in the case of a not-for-profit corporation, the board of directors
      thereof  or  such  other  body  designated   in   the   certificate   of
      incorporation to manage the corporation; and
        g.  in  the  case  of  an  Indian  tribe or nation, any governing body
      recognized by the United States or the state of New York.
        7. "Municipality" means a local public  authority  or  public  benefit
      corporation,  a  county,  city, town, village, or Indian tribe or nation
      residing within New York state, or  any  combination  thereof.  For  the
      purposes of title 5 and title 9 of this article, municipality shall also
      include  state  agencies,  state  public  authorities  and  state public
      benefit corporations. For the purposes of title 7 and title  9  of  this
      article,  the term municipality shall also include a school district and
      a supervisory district.
        8. "Not-for-profit corporation" means a corporation formed pursuant to
      the not-for-profit corporation law and qualified for  tax-exempt  status
      under the federal internal revenue code.
        9.  "Office"  means  the  office  of  parks,  recreation  and historic
      preservation.
        10. "Solid waste" shall have the definition set forth in  title  5  of
      article  27  of  this  chapter  but shall not include hazardous waste as
      defined in title 9 of article 27 of this chapter.
        11. "State assistance payment" means the  payment  of  monies  by  the
      state  for  projects authorized by the environmental protection fund, to
      preserve, enhance, restore  and  improve  the  quality  of  the  state's
      environment.
        12. "Secretary" means the secretary of state.