Section 56-0502. Definitions  


Latest version.
  • 1.   "Community   based  organization"  shall  mean  a  not-for-profit
      corporation,  exempt  from  taxation  under  section  501(c)(3)  of  the
      internal  revenue  code  whose  stated  mission  is  promoting  reuse of
      brownfield sites  within  a  specified  geographic  area  in  which  the
      community  based  organization is located, which has twenty-five percent
      or more of its board of directors residing  in  the  community  in  such
      area; and represents a community with a demonstrated financial need.
        "Community  based  organization"  shall not include any not-for-profit
      corporation that has caused or contributed to the release or  threatened
      release  of  contamination  from  or  onto  the  brownfield site, or any
      not-for-profit corporation that generated, transported, or disposed  of,
      or  that  arranged  for,  or  caused, the generation, transportation, or
      disposal of  contamination  from  or  onto  the  brownfield  site.  This
      definition  shall  not  apply  if  more  than twenty-five percent of the
      members, officers or directors of the not-for-profit corporation are  or
      were  employed  by or receiving compensation from any person responsible
      for a site under title thirteen of article twenty-seven of this  chapter
      or  article  twelve of the navigation law or under applicable principles
      of statutory or common law liability.
        1-a. "Contamination" or "contaminated" shall have the same meaning  as
      provided in section 27-1405 of this chapter.
        2.  "Cost", for purposes of this title, shall have the same meaning as
      provided in subdivision four of section 56-0101 of this article,  except
      that  such  term shall not include the requirement to reduce the cost of
      an approved project in accordance with any federal or  state  funds  for
      the project received or to be received by the municipality.
        3.  "Environmental  restoration  investigation  project"  shall mean a
      project, undertaken in accordance with the requirements of  this  title,
      to  investigate  contamination  located  in,  on, or emanating from real
      property held in title by a municipality.
        4.  "Environmental  restoration  remediation  project"  shall  mean  a
      project,  undertaken  in accordance with the requirements of this title,
      to remediate contamination  located  in,  on,  or  emanating  from  real
      property held in title by a municipality.
        5.  "Municipality",  for  purposes  of this title, shall have the same
      meaning as provided in subdivision fifteen of section  56-0101  of  this
      article,  except  that  such term shall not refer to a municipality that
      generated, transported, or disposed of, arranged for, or that caused the
      generation, transportation, or disposal of contamination located at real
      property proposed to be  investigated  or  to  be  remediated  under  an
      environmental  restoration project. For purposes of this title, the term
      municipality includes  a  municipality  acting  in  partnership  with  a
      community based organization.
        6.  "State  assistance", for purposes of this title, shall mean in the
      case of a contract authorized by subdivision one of section  56-0503  of
      this   title,   payments   made  to  a  municipality  to  reimburse  the
      municipality  for  the  state  share  of  the  costs  incurred  by   the
      municipality to undertake an environmental restoration project.