§ 56-0502 — Definitions

§ 56-0502. Definitions.\n 1. "Community based organization" shall mean a not-for-profit\ncorporation, exempt from taxation under section 501(c)(3) of the\ninternal revenue code whose stated mission is promoting reuse of\nbrownfield sites within a specified geographic area in which the\ncommunity based organization is located, which has twenty-five percent\nor more of its board of directors residing in the community in such\narea; and represents a community with a demonstrated financial need.\n "Community based organization" shall not include any not-for-profit\ncorporation that has caused or contributed to the release or threatened\nrelease of contamination from or onto the brownfield site, or any\nnot-for-profit corporation that generated, transported, or disposed of,\nor that arranged for, or caused, the generation, transportation, or\ndisposal of contamination from or onto the brownfield site. This\ndefinition shall not apply if more than twenty-five percent of the\nmembers, officers or directors of the not-for-profit corporation are or\nwere employed by or receiving compensation from any person responsible\nfor a site under title thirteen of article twenty-seven of this chapter\nor article twelve of the navigation law or under applicable principles\nof statutory or common law liability.\n 1-a. "Contamination" or "contaminated" shall have the same meaning as\nprovided in section 27-1405 of this chapter.\n 2. "Cost", for purposes of this title, shall have the same meaning as\nprovided in subdivision four of section 56-0101 of this article, except\nthat such term shall not include the requirement to reduce the cost of\nan approved project in accordance with any federal or state funds for\nthe project received or to be received by the municipality.\n 3. "Environmental restoration investigation project" shall mean a\nproject, undertaken in accordance with the requirements of this title,\nto investigate contamination located in, on, or emanating from real\nproperty held in title by a municipality.\n 4. "Environmental restoration remediation project" shall mean a\nproject, undertaken in accordance with the requirements of this title,\nto remediate contamination located in, on, or emanating from real\nproperty held in title by a municipality.\n 5. "Municipality", for purposes of this title, shall have the same\nmeaning as provided in subdivision fifteen of section 56-0101 of this\narticle, except that such term shall not refer to a municipality that\ngenerated, transported, or disposed of, arranged for, or that caused the\ngeneration, transportation, or disposal of contamination located at real\nproperty proposed to be investigated or to be remediated under an\nenvironmental restoration project. For purposes of this title, the term\nmunicipality includes a municipality acting in partnership with a\ncommunity based organization.\n 6. "State assistance", for purposes of this title, shall mean in the\ncase of a contract authorized by subdivision one of section 56-0503 of\nthis title, payments made to a municipality to reimburse the\nmunicipality for the state share of the costs incurred by the\nmunicipality to undertake an environmental restoration project or in the\ncase of a written agreement authorized by subdivision three of section\n56-0503 of this title, costs incurred by the state to undertake an\nenvironmental restoration project but not reimbursed by a municipality.\n