Clean Water, Clean Air and Green Jobs Environmental Bond Act

Eligibility Guidelines for Projects Supported by the Bond Act

• Agricultural Nonpoint Source Programs

  Public Comment Deadline: April 12, 2024

  Eligibility Guidelines for Grants for Agricultural Nonpoint Source Abatement and Control Program and Agricultural Environmental Management

  The New York State Department of Agriculture and Markets (NYS AGM) developed the following eligibility guidelines to allocate funding to support water quality projects under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). NYS AGM will use feedback to these draft eligibility guidelines to modify existing grant programs to deliver grants to support the Agricultural Nonpoint Source Abatement and Control Program (AGNPS) and Agricultural Environmental Management (AEM).

  Agricultural Nonpoint Source Abatement and Control Program
  The NYS AGM, in coordination with the State Soil and Water Conservation Committee, provides grants up to 87.5% to Soil Water Conservation Districts (SWCDs) or groups of districts to construct (AEM Tier IV) agricultural best management practice systems (BMPs) on New York farms.
  
  Eligible Applicants
  
  Proposals for funding will be accepted from Soil and Water Conservation Districts, or a group of Districts acting jointly, who will be referred to as "Project Sponsors." Groups of Districts acting jointly should submit one application with one district assuming lead sponsor status.
  
  Eligible projects will:

  • be listed in a AEM Tier 3 plan;
  • consist of activities that will reduce, abate, control, or prevent non-point source pollution originating from agricultural sources;
  • meet NYS USDA Natural Resources Conservation Services (NRCS) standards and specifications; and
  • have a bondable life of at least 10 years.

  Eligible BMP Systems include, but are not limited to:

  • Access Control System
  • Agrichemical Handling and Storage System
  • Composting System – Animal
  • Erosion Control System – Structural
  • Irrigation Water Management System
  • Livestock Heavy Use Area Management System
  • Manure and Agricultural Waste Treatment System
  • Pathogen Management System
  • Petroleum and Oil Products Storage System
  • Prescribed Rotational Grazing System
  • Process Wash Water Management System
  • Short-term Waste Collection and Transfer System
  • Silage Leachate Control and Treatment System
  • Stream Corridor and Shoreline Management System
  • Waste Storage and Transfer System

  Agricultural Environmental Management (AEM)
  
  NYS AGM in coordination with the State Soil and Water Conservation Committee provides funding to SWCDs to construct (AEM Tier IV) agricultural best management practice systems (BMPs) on New York farms. All BMPs must meet New York State Natural Resources Conservation Service (NRCS) standards and specifications.
  
  Eligible Applicants
  
  Soil and Water Conservation Districts may enter a deliverables-based contract with the New York State Soil and Water Conservation Committee (SWCC) to advance agricultural conservation based on their AEM Strategic Plan.
  
  Eligible projects will:

  • be listed in a AEM Tier 3 plan;
  • implement priority BMP systems on farm operations;
  • meet NYS USDA Natural Resources Conservation Services (NRCS) standards and specifications; and
  • have a bondable life of at least 10 years.

  Eligible BMP Systems include, but are not limited to:

  • Access Control System
  • Agrichemical Handling and Storage System
  • Composting System – Animal
  • Erosion Control System – Structural
  • Irrigation Water Management System
  • Livestock Heavy Use Area Management System
  • Manure and Agricultural Waste Treatment System
  • Pathogen Management System
  • Petroleum and Oil Products Storage System
  • Prescribed Rotational Grazing System
  • Process Wash Water Management System
  • Short-term Waste Collection and Transfer System
  • Silage Leachate Control and Treatment System
  • Stream Corridor and Shoreline Management System
  • Waste Storage and Transfer System

  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). In line with this goal, NYS AGM will aim to deploy at least 40 percent of the grants to Agricultural Nonpoint Source Abatement and Control Program (AGNPS) and Agricultural Environmental Management (AEM) to benefit disadvantaged communities as part of efforts to achieve the 40 percent overall goal.
  
  The term disadvantaged communities shall mean the same definition approved by the Climate Justice Working Group under the State’s Climate Leadership and Community Protection Act.

  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 12, 2024, at 5:00 p.m.
  
  For AEM Contact:
  Gregory Albrecht
  NYS AGM
  10B Airline Drive
  Albany, NY 12223
  Phone: (607) 229-4654
  E-mail: [email protected]
  
  For AGNPS Contact:
  Bethany Bzduch
  NYS AGM
  10B Airline Drive
  Albany, NY 12223
  Phone: (518) 457-2713
  E-mail: [email protected]

  View ENB Notice
• Climate Smart Communities

  Public Comment Deadline: April 12, 2024

  Eligibility Guidelines for Climate Smart Communities Grant Program Projects Supported through the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act)

  The New York State Department of Environmental Conservation (NYS DEC) has developed the following eligibility guidelines to allocate funding under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act) to support projects funded through New York State’s successful Climate Smart Communities (CSC) grant program. The CSC grant program is a competitive statewide grant program open to local governments to support the implementation of climate change mitigation and adaption projects. Bond Act funding may only be used for certain capital projects. Other activities eligible for CSC grants may be eligible for State Environmental Protection Funds (EPF). NYS DEC will use public input on these draft eligibility guidelines to inform development of the Bond Act-funded CSC grant program.
  
  The CSC grant program makes awards of between $50,000 and $2 million each to support locally administered projects to adapt to climate change and mitigate greenhouse gas emissions outside the power sector, as described below. Since the program's inception, NYS DEC has awarded more than $60 million from the EPF to municipalities in support of local climate mitigation and adaptation projects. Bond Act resources will augment ongoing EPF funding, with grant opportunities made available via the same request for applications.

  Program Requirements

  • Match - A local match of total eligible project costs is required. Other state and federal funds are NOT eligible as match for a CSC grant award. Land value for land acquired prior to application may be used as match.
  • Funding Restrictions – Only certain capital projects are eligible for Bond Act funds. Other projects may be eligible for funding through the Environmental Protection Fund portion of the CSC program.
  • Ownership - All infrastructure and project components funded through the CSC grant program must be owned by the grantee and cannot be transferred to another entity for the duration of the service life of such infrastructure and/or project components, unless the grantee obtains a Climate Change Mitigation Easement from a landowner or an approved agreement from a state entity for infrastructure and improvements on real property not owned by the grantee.
  • Restriction on Alienation - All real property acquired in fee through the CSC grant program (ECL § 1523(1)(i)) must be protected for climate change mitigation or adaptation purposes, subject to alienation restrictions under ECL § 54-1525.

  Eligible Greenhouse Gas Emissions Mitigation Projects
  
  Eligible projects in the mitigation category must reduce greenhouse gas emissions outside the power sector. Eligible greenhouse gas mitigation project types include, but are not limited to the following:

  • Construction of on-road or off-road facilities for non-motorized forms of transportation that facilitate commuting or access to daily needs (recreational trails are not eligible);
  • Construction of new, or expansion of existing, facilities to process food scraps;
  • Establishing and implementing easily replicated renewable energy projects, including solar arrays, heat pumps, and wind turbines in public low-income housing;
  • Reducing fluorinated greenhouse gas emissions from refrigeration, chillers, and air-conditioning equipment through replacement or retrofit; and
  • Land acquisition (in-fee) required to implement the proposed greenhouse gas mitigation project (excludes acquisition by eminent domain).

  Eligible Climate Change Adaptation Projects
  
  Eligible adaptation project types include, but are not limited to, the following:

  • Increasing or preserving natural resilience, such as construction of living shorelines and other nature-based landscape features to decrease vulnerability to the effects of climate change;
  • Flood-risk reduction, including but not limited to, strategic relocation or retrofit of climate-vulnerable critical municipal facilities or infrastructure to reduce future climate change-induced risks to those facilities;
  • Replacing or right-sizing flow barriers;
  • Extreme-heat preparation, including but not limited to construction of cooling centers and permanent shade structures;
  • Emergency preparedness, including but not limited to, purchase and installation of emergency warning systems; and
  • Land acquisition (in-fee) required to implement the proposed climate change adaptation project (excludes acquisition by eminent domain).

  Eligible Applicants
  
  Eligible entities are those defined as municipalities under 6 NYCRR Part 492 (Part 492), Climate Smart Community Projects - county, city, town, village, or borough (referring only to Manhattan, Bronx, Queens, Brooklyn, and Staten Island) residing within New York State.

  Partners
  
  Non-eligible entities (e.g., nonprofit organizations) or other non-applicant municipalities (defined in Part 492), may participate as part of a CSC-grant project in partnership with an eligible lead applicant.

  Disadvantaged Communities
  
  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act. NYS DEC has established a 40 percent goal for the CSC grant program consistent with this Bond Act requirement and will aim to prioritize 40 percent of CSC grant awards to benefit disadvantaged communities.

  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 12, 2024, at 5:00 p.m. Place “Bond Act” in the subject line of all e-mails.

  Primary Contact

  Myra Fedyniak
  NYS DEC - Office of Climate Change
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-8448
  [email protected]

  View ENB Notice
• Grants for Municipal Stormwater Projects

  Public Comment Deadline: April 19, 2024

  Eligibility Guidelines for Water Quality Improvement Project Program Grants for Municipal Stormwater Projects

  The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to allocate funding to support projects funded through the Water Quality Improvement Project (WQIP) grant program under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). As it relates to municipal stormwater, WQIP is a competitive statewide grant program open to eligible applicants identified below. WQIP grants implement projects that directly improve water quality or aquatic habitat, promote flood risk reduction, restoration, and enhanced flood and climate resiliency, or protect a drinking water source. This funding is for construction/implementation projects.

  Eligible Projects

  Eligible projects that reduce or control stormwater runoff through non-agricultural nonpoint source abatement and control activities designed in accordance with the most current New York State Stormwater Design Manual as found at: https://dec.ny.gov/environmental-protection/water/water-quality/stormwa… at the time of application and other approved technical criteria, where applicable, and include:
  

  • Stormwater retrofits designed to capture and remove pollutants impacting water quality;
  • Streambank or shoreline stabilization to reduce sedimentation or to filter runoff with riparian buffer vegetation;
  • Stream culvert repair and replacement to reduce erosion and protect surrounding infrastructure caused by failing or inadequately sized culverts.
  • Culvert repair or replacement projects:
    • Must be designed, at a minimum, to meet New York State Department of Transportation’s (NYSDOT) Highway Design Manual Chapter 8 for culverts and DEC’s Technical Guidance #2 (DFW GS 24-01);
    • Must be inspected by a Licensed Professional Engineer and determined to be hydraulically insufficient and not conforming to NYSDOT’s Culvert Design standards (i.e., Highway Design Manual Chapter 8) and DEC’s Technical Guidance #2 (DFW GS 22-01);
    • Must be evaluated using the North Atlantic Aquatic Connectivity Collaborative (NAACC) protocol to determine severity of existing aquatic organism passage constriction and document improvement to aquatic organism passage post-construction. When this methodology is not used to assess a structure, professional judgment will be used to assess a structure that most closely replicates the categories used by NAACC; and
      
  • Must raise the NAACC passability score such that the associated descriptor level will change/improve.
    • Road ditch stabilization (including hydroseeding) for stormwater or runoff reduction;
    • Riparian buffers to replant vegetation to filter nutrients and sediment, prevent erosion, and mitigate thermal impacts to waterbodies;
    • Vacuum trucks to be used in municipal separate storm sewer (MS4) areas. Vacuum trucks must be part of an area-wide municipal cooperative stormwater group, if one exists; and
    • Green infrastructure designed to capture and remove pollutants impacting water quality, including: bioretention; rain gardens; constructed wetlands; porous pavement; green roofs; downspout disconnection; stormwater street trees; stormwater harvesting and reuse; and stream daylighting. Projects for green infrastructure must exceed the water quality volume treatment and/or reduction requirements in the SPDES Construction General Permit, where applicable.

  Projects may require a hydrological and hydraulic (H&H) analysis conducted by a licensed professional engineer using HEC-RAS, HY-8 or other comparable H&H modeling. Projects that fall wholly or partially within the 100-year or 500-year floodplain must comply with state and federal flood requirements.

  Eligible applicants include municipalities as defined in New York State Environmental Conservation Law Article 58: “a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian Nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof” and Soil and Water Conservation Districts.

  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria. Consistent with this Bond Act requirement, NYS DEC will aim to prioritize 40 percent of grant awards benefit disadvantaged communities.
  
  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 19, 2024, at 5:00 p.m.

  Primary Contact

  Stephanie June
  NYS DEC - Division of Water
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-8179
  [email protected]

  View ENB Notice
• Green Resiliency Grants

  Public Comment Deadline: April 19, 2024

  Eligibility Guidelines for Green Resiliency Grants for Water Quality Infrastructure and Resilience

  The New York State Environmental Facilities Corporation (NYS EFC) will soon offer a new Green Resiliency Grant (GRG) program under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act) to fund green infrastructure projects across the state, including green roofs, green streets, and permeable pavement. Areas most susceptible to the impacts of climate and extreme weather events will be prioritized for funding, with the prioritization of funding to communities most affected by climate change-induced flooding. Eligible projects will bring transformative benefits for the communities they serve. Green practices have multiple benefits, including flood protection, habitat restoration, improved air and water quality, reduction in urban heat island effect, and street and neighborhood beautification that can spur economic development and community revitalization.

  GRG may fund up to 90 percent of eligible project costs with a maximum grant of $10 million. GRG projects must have a minimum total project cost of $1 million and be capable of capturing, treating, or reducing the time of concentration for a minimum of 100,000 cubic feet of stormwater runoff annually. Eligible projects include those that address combined and/or sanitary sewer overflow during extreme weather events and those that combine green infrastructure and nature-based features to ensure climate resilient infrastructure.

  Eligible Applicants:
  A municipality as defined in New York State Environmental Conservation Law Article 58: “a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian Nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof” and State Entities.

  Eligible activities include:

  • Restoration of non-instream features recommended through the Resilient NY Program;
  • The creation and enhancement of nature-based landscape features such as flood plains, riparian buffers, streams, and wetlands;
  • Installation of:
    • Bioretention and bioswales;
    • Cisterns;
    • Downspout disconnection;
    • Green roofs and green walls;
    • Permeable pavements or other permeable surfaces;
    • Stormwater street trees;
    • Urban forestry programs; and
    • Stormwater retention, retrofits, and slow-release designs.

  In-stream activities being undertaken to implement studies prepared through the Resilient NY Program are not eligible for these grants.

  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria. NYS EFC established a 40 percent goal for the GRG grant program consistent with this Bond Act requirement and will aim to prioritize 40 percent of GRG grant awards to benefit disadvantaged communities.
  
  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 19, 2024, at 5:00 p.m.

  Primary Contact

  Brian Hahn
  NYS EFC
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-6924
  [email protected]

  View ENB Notice
• Repair and Improvements of Flood Control Projects

  Public Comment Deadline: April 26, 2024

  Eligibility Guidelines for the Repair and Improvements of Flood Control Projects

  The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to implement funding under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (Bond Act). To allocate funding under these proposed eligibility guidelines, NYS DEC would use the authority granted in provisions of the Bond Act to undertake State-administered projects.

  There are more than 100 State-owned, U.S. Army Corps of Engineers (US ACE)-constructed riverine flood control projects in New York State, consisting of an estimated 95 miles of walls and levees that are more than 50 years old. Most of these projects are in upstate New York and do not include US ACE projects on the Atlantic Coastline. These projects protect 23,000 structures and an estimated 75,000 people. Many of these riverine flood control projects are in need of repair and improvement to return the projects to their design condition and intended effectiveness. NYS DEC will advance efforts to rehabilitate, repair, or improve priority flood control projects that provide the greatest level of flood risk reduction benefits.

  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). In line with this goal, NYS DEC will aim to ensure at least 40 percent of the Flood Control Projects benefit disadvantaged communities.
  
  The term disadvantaged communities shall mean the same definition approved by the Climate Justice Working Group under the State’s Climate Leadership and Community Protection Act https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria.

  Eligible projects include:

  • projects to repair and/or update aging riverine flood control measures, including but not limited to walls and levees constructed by US ACE and owned and operated by New York State; and
  • projects that restore functionality of US ACE and implemented riverine flood control structures.

  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 26, 2024, at 5:00 p.m.
  

  Primary Contact

  Ken Kosinski
  NYS DEC - Division of Water
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-8110
  [email protected]

  View ENB Notice
• Removal or Repair of Municipal Dams; Enhancing Aquatic Connectivity through Dam Removal and Culvert Replacement; and Fish and Wildlife Habitat Acquisition, Restoration and Enhancement Projects

  Public Comment Deadline: April 26, 2024

  Eligibility Guidelines for Water Quality Improvement Project Program Grants for Restoration and Flood Risk Reduction through the Removal or Repair of Municipal Dams; Enhancing Aquatic Connectivity through Dam Removal and Culvert Replacement; and Fish and Wildlife Habitat Acquisition, Restoration and Enhancement Projects.

  The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to allocate funding to support projects funded through the Water Quality Improvement Project (WQIP) grant program under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). WQIP is a competitive, statewide grant program to implement projects that directly improve water quality or aquatic habitat, promote flood risk reduction, restoration, and enhanced flood and climate resiliency, or protect a drinking water source. This funding is for construction/implementation projects. NYS DEC will use feedback on these draft eligibility guidelines to modify existing grant programs or develop new grant programs.

  Removal or Repair of Municipal Dams

  Dams often serve as critical infrastructure to attenuate flooding, secure water supplies, and help generate energy, among other important functions. However, New York State has hundreds of high-risk dams that no longer perform a beneficial function as intended and if they were to fail, could cause significant damage. Further, engineering experts have determined that nearly half of the municipally owned dams in New York do not meet the State’s rigorous safety standards.

  In addition, aging dams with degraded structural integrity are more likely to sustain damage during heavy rains, posing a threat to human life and property. Many aging dams also no longer serve a useful purpose and would benefit communities and ecosystems if removed. More than ever, streamlined dam removal and improvement processes and funding are required to safeguard public safety and environmental health.

  In New York State, municipalities own 215 High Hazard and 166 Intermediate Hazard dams – designations noting potential damage to public safety and infrastructure if a dam were to fail. This grant program will reduce flood risks and restore environmental connections through the removal, repair, rehabilitation, and modernization of dams.

  New York may work with communities or Indian Nations to leverage Bond Act funds to secure Federal Emergency Management Agency Building Resilient Infrastructure and Communities and Hazard Mitigation Grant Program funds, or other federal funds, for dam removal or rehabilitation.

  Eligible projects include:

  • Projects to improve dam safety thru the removal or repair of dams
    • that provide flood attenuation; and
    • have a downstream hazard classification of Class C (High) and Class B (Intermediate).
  • Projects that reduce a hazard condition and result in a safe impoundment structure that meets Dam Safety criteria as identified in NYS DEC’s Guidelines for Design of Dams: (https://extapps.dec.ny.gov/docs/water_pdf/damguideli.pdf) and other sound engineering principles.
  • Project listed in the County or State approved Hazard Mitigation Plan.
  • Projects with an up-to-date Emergency Action Plan (EAP).

  Eligible applicants include a municipality as defined in ECL Article 58: “a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or Indian Nation or tribe recognized by the State or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof.”

  Aquatic Connectivity – Dam Removal and Culvert Replacement

  Eligible projects include:
  Culvert repair, right sizing, and replacement, and dam removal to provide aquatic connectivity, abate floods, reduce erosion, and protect infrastructure.

  Culvert repair or replacement projects:

  • Must be designed, at a minimum, to meet New York State Department of Transportation’s (NYSDOT) Highway Design Manual Chapter 8 for culverts and NYS DEC’s Technical Guidance #2 (DFW GS 24-01);
  • Must be inspected by a Licensed Professional Engineer and determined to be hydraulically insufficient and not conforming to New York State Department of Transportation's (NYS DOT) Culvert Design standards (i.e., Highway Design Manual Chapter 8) and New York State DEC’s Technical Guidance #2 (DFW GS 24-01);
  • Must be evaluated hydrologically and hydraulically (H&H) by a licensed professional engineer using HEC-RAS, HY-8 or other comparable modeling;
  • Must be evaluated using the North Atlantic Aquatic Connectivity Collaborative (NAACC) protocol to determine severity of existing aquatic organism passage constriction and document improvement to aquatic organism passage post construction. When this methodology is not possible, professional judgement will be used to assess a structure that most closely replicates the categories used by NAACC;
  • Must raise the NAACC passability score such that the associated descriptor level will change/improve; and
  • Will remove impediments to fish and/or other aquatic organisms caused by the existing stream crossing and will result in benefits to an identified species of management concern including Species of Greatest Conservation Need or Federal trust species.

  Dam removal for the primary purposes of reducing flooding and improving aquatic connectivity and removing impediments to aquatic organism passage while also (1) improving water quality (e.g., reducing thermal impacts and/or harmful algal bloom occurrences), (2) eliminating a downstream flood hazard by addressing a structure that is deficient in structural stability or spillway capacity, derelict and/or un-safe and poses a threat to public health and safety, if unexpectedly breached, or (3) eliminating a potentially hazardous dam with a condition rating of unsound or unsafe.

  Dam removal projects:

  • Must be evaluated by a licensed professional engineer using HEC-RAS or other comparable H&H modeling to determine upstream and downstream changes in water surface and base flood elevations;
  • Should not increase ecological risk from invasive species accessing new habitat (e.g., lamprey), adversely impact endangered/threatened species habitat or significantly impact upstream wetlands;
  • Must be identified in a flood study, such as a Resilient NY Study, local or County hazard mitigation plan and determined to be a cause of flooding;
  • Removal of impediments to fish and/or other aquatic organisms caused by the dam should:
    • address watershed basin habitat restoration priorities or target species restoration priorities as identified by a New York State DEC-approved watershed implementation plan or DEC Watershed Action Agenda,
    • provide access to critical habitat identified in a Federal or State Management Plan, DEC-approved watershed implementation plan, or DEC Watershed Action Agenda, or
    • provide benefit(s) to an identified species of management concern including Species of Greatest Conservation Need or Federal trust species.

  Eligible applicants: municipalities as defined in New York State Environmental Conservation Law Article 58, including Indian Nations, state agencies, soil and water conservation districts, and not-for-profits, and private owners partnered with other eligible entities.
  
  Fish and Wildlife Habitat Acquisition, Restoration and Enhancement Projects

  New York’s fish and wildlife resources have tremendous economic, ecological, recreational, and intrinsic value but are often threatened by habitat loss and/or impairment. This program will provide funding for projects that will, as their primary goal, conserve, protect, restore, and/or enhance important fish and wildlife habitat.

  Eligible projects include, but are not limited to:

  • Fish and wildlife habitat protection projects, including acquisition of fee title and easements, intended to conserve the lands and waters of the state of ecological significance or any part thereof;
  • Wetland, stream, floodplain, and riparian corridor/buffer restoration and enhancement projects including but not limited to:
    • removal of historic fill;
    • revegetation of degraded wetland habitats and buffers;
    • restoration of wetland hydrology;
    • reestablishment or enhancement of wetland or benthic topography to create shallow water vegetated habitats (e.g., SAV beds);
    • installation of in-stream/in-channel habitat structures, features, and improvements using natural channel design principles;
    • restoration or enhancement of natural channel sinuosity;
    • installation of fish passage structures;
    • restoration or enhancement of riparian buffers; and
    • Forest, grassland, shrubland, and habitat connectivity conservation and restoration.
      

  Eligible applicants: municipalities as defined in NYS Environmental Conservation Law Article 58, state agencies, non-profits, Indian Nations, Soil and Water Conservation Districts.

  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria. Consistent with this Bond Act requirement, NYS DEC will aim to prioritize 40 percent of grant awards benefit disadvantaged communities.

  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 26, 2024, at 5:00 p.m.

  Primary Contact

  Stephanie June
  NYS DEC - Division of Water
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-8179
  [email protected]

  View ENB Notice
• Grants to Reduce Flood Risk through Removal or Repair of State-Owned Dams

  Public Comment Deadline: April 26, 2024

  Eligibility Guidelines for Grants to Reduce Flood Risk through Removal or Repair of State-Owned Dams

  The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to allocate funding to support removal or repair of state-owned dams under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). NYS DEC will use the feedback received on these draft eligibility guidelines to develop a funding program. Additional eligibility guidelines being developed will include grant opportunities for locally administered initiatives.

  Dams often serve as critical infrastructure to attenuate flooding, secure water supplies, and help generate energy, among other important functions. However, New York State has hundreds of high and intermediate hazard classified dams that no longer perform a beneficial function as intended. If they were to fail, could cause significant damage. Engineering experts have determined that a little more than one third of New York State-owned dams, while not posing an imminent risk, do not currently meet the State’s rigorous safety standards.

  There are 94 “High Hazard” and 76 “Intermediate Hazard” classified dams owned by New York State entities. NYS DEC will direct funding for flood risk reduction through the repair, rehabilitation, removal, and modernization of State-owned dams.
  
  New York may work to use Bond Act funds to leverage Federal Emergency Management Agency Building Resilient Infrastructure and Communities and Hazard Mitigation Grant Program funds for dam removal or rehabilitation.

  Eligible projects include:

  • Projects to improve dam safety through the removal or repair of State-owned dams
    • that provide flood attenuation; and
    • have a downstream hazard classification of Class C (High) and Class B (Intermediate).
  • Projects that reduce a hazard condition and result in a safe impoundment structure that meets Dam Safety criteria as identified in NYS DEC’s Guidelines for Design of Dams: (https://extapps.dec.ny.gov/docs/water_pdf/damguideli.pdf) and other sound engineering principles;
  • Listed in the County or State approved Hazard Mitigation Plan; and
  • Has an up-to-date Emergency Action Plan (EAP).

  To the greatest extent practicable, projects should include the installation of fish passage structures to provide aquatic connectivity.
  
  Eligible applicants include New York State agencies and authorities.
  
  The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria. Consistent with this Bond Act requirement,
  NYS DEC will aim to prioritize that 40 percent of awards to benefit disadvantaged communities.
  
  Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 26, 2024, at 5:00 p.m.
  
  Primary Contact

  Ken Kosinski
  NYS DEC - Division of Water
  625 Broadway
  Albany, NY 12233

  Phone: (518) 402-8110
  [email protected]

  View ENB Notice