§ 970-r. State assistance for brownfield opportunity areas. 1.\nDefinitions. a. "Applicant" shall mean the municipality, community board\nand/or community based organization submitting an application for state\nassistance or a nomination for designation in the manner authorized by\nthis section.\n b. "Commissioner" shall mean the commissioner of the department of\nenvironmental conservation.\n c. "Community based organization" shall mean a not-for-profit\ncorporation exempt from taxation under section 501(c)(3) of the internal\nrevenue code whose stated mission is promoting reuse of brownfield sites\nor community revitalization within a specified geographic area in which\nthe community based organization is located; which has twenty-five\npercent or more of its board of directors residing in the community in\nsuch area; and represents a community with a demonstrated financial\nneed. "Community based organization" shall not include any\nnot-for-profit corporation that has caused or contributed to the release\nor threatened release of a contaminant from or onto the brownfield site,\nor any not-for-profit corporation that generated, transported, or\ndisposed of, or that arranged for, or caused, the generation,\ntransportation, or disposal of contamination from or onto the brownfield\nsite. This definition shall not apply if more than twenty-five percent\nof the members, officers or directors of the not-for-profit corporation\nare or were employed or receiving compensation from any person\nresponsible for a site under title thirteen or title fourteen of article\ntwenty-seven of the environmental conservation law, article twelve of\nthe navigation law or under applicable principles of statutory or common\nlaw liability.\n d. "Brownfield site" shall have the same meaning as set forth in\nsection 27-1405 of the environmental conservation law.\n e. "Department" shall mean the department of state.\n f. "Contamination" or "contaminated" shall have the same meaning as\nprovided in section 27-1405 of the environmental conservation law.\n g. "Municipality" shall have the same meaning as set forth in\nsubdivision fifteen of section 56-0101 of the environmental conservation\nlaw.\n h. "Community board" shall have the same meaning as set forth in\nsection twenty-eight hundred of the New York city charter.\n i. "Secretary" shall mean the secretary of state.\n j. "Nomination" shall mean a written plan for redevelopment and\nrevitalization of any area (i) wherein one or more known or suspected\nbrownfield sites are located and (ii) that contains the elements\nrequired for brownfield opportunity area designation as determined in\naccordance with subdivision three of this section. It is not necessary\nthat all, or any, of the services used to identify, prepare, create, or\ndevelop the elements required for designation be funded through this\nsection.\n 2. State assistance for pre-nomination study for brownfield\nopportunity areas. a. Within the limits of appropriations therefor, the\nsecretary is authorized to provide, on a competitive basis, financial\nassistance to municipalities, to community based organizations, to\ncommunity boards, or to municipalities and community based organizations\nacting in cooperation to prepare a pre-nomination study for a brownfield\nopportunity area designation. Such financial assistance shall not exceed\nninety percent of the costs of such pre-nomination study for any such\narea.\n b. Activities eligible to receive such assistance shall include, but\nare not limited to, the assembly and development of basic information\nabout:\n (1) the borders of the proposed brownfield opportunity area;\n (2) the number and size of known or suspected brownfield sites;\n (3) current and anticipated uses of the properties in the proposed\nbrownfield opportunity area;\n (4) current and anticipated future conditions of groundwater in the\nproposed brownfield opportunity area;\n (5) known data about the environmental
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