§ 8-0105 — Definitions

New York § 8-0105

• Jurisdiction: New York
• Law ENV: Environmental Conservation
• Art. 8: Environmental Quality Review

Text

§ 8-0105. Definitions.\n Unless the context otherwise requires, the definitions in this section\nshall govern the construction of the following terms as used in this\narticle: 1. "State agency" means any state department, agency, board,\npublic benefit corporation, public authority or commission.\n 2. "Local agency" means any local agency, board, district, commission\nor governing body, including any city, county, and other political\nsubdivision of the state.\n 3. "Agency" means any state or local agency.\n 4. "Actions" include:\n (i) projects or activities directly undertaken by any agency; or\nprojects or activities supported in whole or part through contracts,\ngrants, subsidies, loans, or other forms of funding assistance from one\nor more agencies; or projects or activities involving the issuance to a\nperson of a lease, permit, license, certificate or other entitlement for\nuse or permission to act by one or more agencies;\n (ii) policy, regulations, and procedure-making.\n 5. "Actions" do not include:\n (i) enforcement proceedings or the exercise of prosecutorial\ndiscretion in determining whether or not to institute such proceedings;\n (ii) official acts of a ministerial nature, involving no exercise of\ndiscretion;\n (iii) maintenance or repair involving no substantial changes in\nexsiting structure or facility.\n 6. "Environment" means the physical conditions which will be affected\nby a proposed action, including land, air, water, minerals, flora,\nfauna, noise, objects of historic or aesthetic significance, existing\npatterns of population concentration, distribution, or growth, and\nexisting community or neighborhood character.\n 7. "Environmental impact statement" means a detailed statement setting\nforth the matters specified in section 8-0109 of this article. It\nincludes any comments on a draft environmental statement which are\nreceived pursuant to section 8-0109 of this article, and the agency's\nresponse to such comments, to the extent that such comments raise issues\nnot adequately resolved in the draft environmental statement.\n 8. "Draft environmental impact statement" means a preliminary\nstatement prepared pursuant to section 8-0109 of this article.\n 9. "Disadvantaged community" shall have the same meaning as\nsubdivision five of section 75-0101 of this chapter.\n 10. "Pollution" shall have the same meaning as defined by subdivision\nnineteen of section 1-0303 of this chapter.\n