N.Y.
Environmental Conservation Law Section 76-0101
Definitions
1.
“Applicable payment date” means September thirtieth of the second calendar year following the year in which this article is enacted into law.2.
“Climate change adaptive infrastructure project” means an infrastructure project designed to avoid, moderate, repair, or adapt to negative impacts caused by climate change, and to assist communities, households, and businesses in preparing for future climate change-driven disruptions. Such projects include but are not limited to restoring coastal wetlands and developing other nature-based solutions and coastal protections; upgrading storm water drainage systems; making defensive upgrades to roads, bridges, subways, and transit systems; preparing for and recovering from hurricanes and other extreme weather events; undertaking preventive health care programs and providing medical care to treat illness or injury caused by the effects of climate change; relocating, elevating, or retrofitting sewage treatment plants vulnerable to flooding; installing energy efficient cooling systems and other weatherization and energy efficiency upgrades and retrofits in public and private buildings, including schools and public housing; upgrading parts of the electrical grid to increase stability and resilience, including supporting the creation of self-sufficient clean energy microgrids; addressing urban heat island effects through green spaces, urban forestry, and other interventions; and responding to toxic algae blooms, loss of agricultural topsoil, and other climate-driven ecosystem threats to forests, farms, fisheries, and food systems.3.
“Coal” shall have the same definition as in Energy Law § 1-103 (Definitions)section 1-103 of the energy law.4.
“Controlled group” means two or more entities treated as a single employer under section 52(a) or (b) or section 414(m) or (o) of the Internal Revenue Code. In applying subsections (a) and (b) of section 52, section 1563 of the Internal Revenue Code shall be applied without regard to subsection(b)(2)(C). For purposes of this article, entities in a controlled group are treated as a single entity for purposes of meeting the definition of responsible party and are jointly and severally liable for payment of any cost recovery demand owed by any entity in the controlled group.5.
“Cost recovery demand” means a charge asserted against a responsible party for cost recovery payments under the program for payment to the fund.6.
“Covered greenhouse gas emissions” means, with respect to any entity, the total quantity of greenhouse gases released into the atmosphere during the covered period, expressed in metric tons of carbon dioxide equivalent, as defined in § 75-0101 (Definitions)section 75-0101 of this chapter, including but not limited to releases of greenhouse gases resulting from the extraction, storage, production, refinement, transport, manufacture, distribution, sale, and use of fossil fuels or petroleum products extracted, produced, refined, or sold by such entity.7.
“Covered period” means the period that began January first, two thousand and ended on December thirty-first, two thousand eighteen.8.
“Crude oil” means oil or petroleum of any kind and in any form, including bitumen, oil sands, heavy oil, conventional and unconventional oil, shale oil, natural gas liquids, condensates, and related fossil fuels.9.
“Entity” means any individual, trustee, agent, partnership, association, corporation, company, municipality, political subdivision, or other legal organization, including a foreign nation, that holds or held an ownership interest in a fossil fuel business during the covered period.10.
“Fossil fuel” shall have the same definition as in Energy Law § 1-103 (Definitions)section 1-103 of the energy law.11.
“Fossil fuel business” means a business engaging in the extraction of fossil fuels or the refining of petroleum products.12.
“Fuel gases” shall have the same definition as in Energy Law § 1-103 (Definitions)section 1-103 of the energy law.13.
“Fund” means the climate change adaptation fund established pursuant to State Finance Law § 97-M (Climate change adaptation fund)section ninety-seven-m of the state finance law.14.
“Greenhouse gas” shall have the same definition as in § 75-0101 (Definitions)section 75-0101 of this chapter.15.
“Nature-based solutions” shall mean projects that utilize or mimic 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.16.
“Notice of cost recovery demand” means the written communication informing a responsible party of the amount of the cost recovery demand payable to the fund.17.
“Petroleum products” shall have the same definition as in Energy Law § 1-103 (Definitions)section 1-103 of the energy law.18.
“Program” means the climate change adaptation cost recovery program established under § 76-0103 (The climate change adaptation cost recovery program)section 76-0103 of this article.19.
“Qualifying expenditure” means an authorized payment from the fund in support of a climate change adaptive infrastructure project, including its operation and maintenance, as defined by the department.20.
“Responsible party” means any entity (or a successor in interest to such entity described herein), which, during any part of the covered period, was engaged in the trade or business of extracting fossil fuel or refining crude oil and is determined by the department to be responsible for more than one billion tons of covered greenhouse gas emissions. The term responsible party shall not include any person who lacks sufficient connection with the state to satisfy the nexus requirements of the United States Constitution.
Source:
Section 76-0101 — Definitions, https://www.nysenate.gov/legislation/laws/ENV/76-0101 (updated Jan. 3, 2025; accessed Jan. 18, 2025).
