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ENB - Statewide Notices 8/22/2012

Public Notice

Notice of Proposed Rulemaking

Amendment of Part 590, Payment of Expenses Upon Acquisition of Real Property.

Pursuant to Environmental Conservation Law, Sections 3-0301 and 3-0305, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

Amendment of Part 590, Payment of Expenses Upon Acquisition of Real Property to ensure regulations are gender neutral to comply with the Marriage Equality Act.

For further information, please contact:

Keith Matteson
NYS DEC - Division of Lands and Forests
625 Broadway
Albany, NY 12233-4256
Phone: (518) 402-9442

Clean Water State Revolving Fund (CWSRF) for Water Pollution Control
Drinking Water State Revolving Fund (DWSRF)

Change in MWBE requirements

The Clean Water State Revolving Fund (CWSRF) and Drinking Water State Revolving Fund (DWSRF) Draft Intended Use Plans (IUP) for Federal Fiscal Year 2013 were issued for comment on July 25, 2012, with the comment period running through September 10, 2012. Since the release of the draft IUPs, the Minority and Women Business Enterprise (MWBE) goals have been modified.

An MWBE participation goal of 20% has been established for all New York State agencies and authorities, including the New York State Environmental Facilities Corporation (NYS EFC). Therefore, beginning October 1, 2012, all financial assistance agreements for initial Clean and Drinking Water financings will include a requirement to conduct good faith efforts to meet MWBE goals of 20% for all construction contracts greater than $100,000 and non-construction contracts/agreements and change orders greater than $25,000 related to the financed project.

NYS EFC will administer this goal as a combined goal, which means any combination of MBE and/or WBE participation that equals or exceeds 20% of the value of the applicable contracts/agreements. NYS EFC will no longer provide regionally specific goals; the 20% goal will be applied statewide.

The change in the MWBE participation goal necessitates a change in NYS EFC's guidance documents and forms, including required MWBE contract language in the Bid Packets. NYS EFC plans to work with applicants to achieve greater MWBE participation in State Revolving Fund (SRF) financed projects. In order to assist clients in obtaining the statewide goal, NYS EFC will also update the guidance on good faith efforts in our online documents. Please check the NYS EFC website: www.efc.ny.gov/mwbe for updated documents and forms.

NYS EFC is available to assist Designated Minority and Women Owned Business Enterprise Officers (MBO) in understanding and implementing the MWBE program. Please contact NYS EFC via email at: mwbe@efc.ny.gov with questions.

Written comments will be accepted by mail, e-mail, or fax until close of business, Monday, September 10, 2012. Comments and questions should be addressed to:

Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, NY 12207-2997
Fax: (518) 402-7456
E-mail: iupcomments@efc.ny.gov

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