New York Consolidated Laws, Environmental Conservation Law - ENV § 11-0535-c. Endangered and threatened species mitigation bank fund

1. The department is hereby authorized to utilize funds in the endangered and threatened species mitigation bank fund, established pursuant to section ninety-nine-hh of the state finance law, for the purposes of implementing an endangered and threatened species mitigation plan approved by the department.

2. Such fund shall consist of contributions, in an amount determined by the department, deposited by an applicant granted a siting permit to construct a major renewable energy facility, where such applicant has been ordered to mitigate harm to a threatened or endangered species or its habitat.

3. In administering the provisions of this article, the commissioner:

4. Nothing in this article shall be construed to limit or restrict any powers of the commissioner or any other agency pursuant to any other provision of law.

5. The commissioner is authorized and directed to promulgate any regulations deemed necessary to implement this section.

6. [Expires and deemed repealed Dec. 31, 2040, pursuant to L.2024, c. 58, pt. O, § 34.] The commissioner shall annually report to the department of public service, the governor, the temporary president of the senate and the speaker of the assembly on the status of the fund and all monies added to and expended from the fund.