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ENB - Statewide Notices 1/26/2011

Public Notice

Notice of Opportunity for Public Comment - New York State Climate Action Plan Interim Report

The New York State Climate Action Council announces the availability of the Climate Action Plan Interim Report for public review and comment.

On August 6, 2009, Governor David A. Paterson signed Executive Order 24, setting a goal to reduce New York State's greenhouse gas emissions by 80 percent below levels emitted in year 1990 by year 2050. The executive order also created the New York State Climate Action Council and directed it to prepare a plan to identify actions to achieve that goal, adapt to the effects of unavoidable climate change and stimulate a clean energy economy.

The Climate Action Council launched a process that brought together more than 100 technical experts and stakeholders and the broader public to identify and examine both mitigation and adaptation policy options, and to analyze the costs and benefits of adopting these policies. The preliminary results of this analysis have been summarized in the Interim Report.

Following review of public comment received on the Interim Report and additional analyses, including further evaluation of the effects of climate policy options on economic development and job creation, the Council will present a final Climate Action Plan in 2011.

All interested members of the public are invited to review and comment on the Interim Report. The 90 day public comment period will end on February 7, 2011. The Interim Report and instructions for submitting comments can be found at: http://www.nyclimatechange.us.

Public hearings on the Interim Report will be held in several locations across the state in early 2011.

Interested members of the public are encouraged to enroll on the Climate Action Plan mailing list (listserve) at: http://www.nyclimatechange.us to receive direct notification of public hearings and other information related to the Climate Action Plan.

Contact: Mark Lowery, NYS DEC - Office of Climate Change, 625 Broadway, Albany, NY 12233-1030, Phone: (518) 402-8448, E-mail: Office of Climate Change.

Notice of Adoption

6 NYCRR Part 649, New York State Water Pollution Control Revolving Fund Regulations

Pursuant to Environmental Conservation Law Section 17-1909(3); Public Authorities Law Sections 1284(5) and 1285-j(4), State Finance Law Section 243


The Water Pollution Control Linked Deposit Program Act (Act) was signed into law on July 18, 2007 as Chapter 262 of the Laws of 2007. The Act establishes a new program, the linked deposit program (LDP), under the Clean Water State Revolving Fund (CWSRF). The Act became effective as of January 18, 2008. The Act allows for LDP investments to be made from the CWSRF for repairs/replacements of septic systems or connections to sewers for residences and small businesses; and for the implementation of management programs established under § 319 of the Federal Water Pollution Control Act related to agricultural operations. The Act prohibits the making of linked loans after September 30, 2011.

The statute directs the New York State Environmental Facilities Corporation (NYS EFC) to list projects, upon approval, on the CWSRF Intended Use Plan (IUP). This requirement must be met with the least possible delay because many of the projects that will utilize the LDP need immediate attention and cannot afford to be delayed. Additionally, the authorizing legislation prohibits the making of linked loans after September 30, 2011.

As LDP projects would not readily fit into other IUP categories, NYS EFC proposes that the program itself be listed on the IUP, in a separate Category F, with periodic IUP updates to disclose the deposits relating to borrowers receiving LDP loans.

Creation of Category F will require changes to New York State State Department of Environmental Conservation's (NYS DEC) CWSRF Regulations as well as conforming changes to NYS EFC's CWSRF Regulations.

SEQR/SERP reviews must be conducted on the regulatory amendments for the program, and on the program itself, possibly for each linked deposit or via a Generic Environmental Impact Statement depending on the type of projects benefited by NYS EFC's linked deposits.

Development with the New York State Department of Agriculture and Markets (NYS DAM), the New York State Department of State (NYS DOS) and the New York State Department of Health (NYS DOH) of eligibility criteria (qualifying information) for linked loans. The Act requires NYS EFC to coordinate with NYS DOS, but septic systems are primarily regulated by NYS DOH. A residential and small business on site wastewater treatment system eligible project must be one approved by the state or local Department of Health, therefore NYS DOH should also be consulted.

Public Authorities Control Board (PACB) approval may be required for each linked deposit or a general approval of the program may be sought by NYS EFC.

The Notice of Adoption with all required documentation is expected to be published in the January 26th, 2011 State Register.

For Further Information:

Robert Simson
NYSDEC - Division of Water
625 Broadway, 4th Floor
Albany, NY, 12233-3500
Phone: (518) 402-8271

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