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ENB - Statewide Notices 7/13/2016

Public Notice

Pursuant to the Environmental Conservation Law sections 11-0303 and 13-0340-f, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC filed a Notice of Emergency Adoption and Proposed Rule Making with the Department of State on June 23, 2016. This rule making will amend 6 NYCRR Part 40 regulations pertaining to the recreational harvest of black sea bass This rule making will increase the recreational minimum size for black sea bass by 1 inch, from 14 inches to 15 inches; decrease the possession limit from 8 fish to 3 fish from June 27 - August 31; and start the fishing season on June 27, 19 days earlier than last year. The current possession limits of 8 fish during September - October and 10 fish during November - December will remain in effect this year. This proposed rule will make New York's recreational black sea bass regulations more restrictive and is in compliance with the Atlantic State Marine Fisheries Commission.

The emergency regulations took effect on June 23, 2016 and will continue for 90 days.

The rule making will be published in issue 28 of the State Register on July 13, 2016.

The public comment period for the proposed rule making will begin on July 13, 2016 and continue for 45 days until August 29, 2016.

For further information, please contact:

Stephen W. Heins
NYS DEC - Division of Fish, Wildlife and Marine Resources
205 North Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Phone: (631) 444-0435

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

Draft Intended Use Plans (IUPs) for Federal Fiscal Year 2017

The New York State Environmental Facilities Corporation (NYS EFC), the New York State Department of Environmental Conservation (NYS DEC) and the New York State Department of Health (NYS DOH) are pleased to announce the availability of the Draft Federal Fiscal Year (FFY) 2017 Intended Use Plans (IUPs) for the Clean Water State Revolving Fund (CWSRF); and the Drinking Water State Revolving Fund (DWSRF). The CWSRF and DWSRF programs are available to municipalities and certain non-municipal entities in NYS to finance water quality and drinking water related projects.

NYS EFC anticipates that it will be able to provide zero-percent interest rate or low-cost financing for $503.3 million of project costs for the CWSRF during FFY 2017. This includes an estimated federal capitalization grant amount of $100 million.

NYS DOH will receive an estimated $45 million DWSRF federal capitalization grant of which a maximum of $9 million may be made available for eligible hardship projects as additional subsidization as hardship grants. A specific breakdown of the DWSRF sources and uses is included in the Draft IUP.

The IUPs include lists of projects that could receive reduced-interest subsidized and market-rate financing between October 1, 2016 and September 30, 2017, the next IUP financing period. The interest rate for subsidized financing is reduced by 50% (CWSRF) or 33.3% (DWSRF) of the market rate for bonds. Please visit NYS EFC's website at: for more information.

Eligible Projects:

CWSRF - Municipal water pollution control projects eligible for CWSRF reduced interest subsidized and market-rate financing under Section 212 of the Clean Water Act (CWA) include, but are not limited to: wastewater treatment facilities and conveyance systems; combined sewer overflow abatement facilities; stormwater pollution abatement; energy efficiency initiatives; system security measures; water conservation, reuse and recycling systems; and other municipally-owned projects or portions of projects that maintain, protect or improve water quality.

Municipal and non-municipal entities may apply for CWSRF assistance for non-point source projects that protect water quality under CWA Section 319 or implement an approved National Estuary Plan under CWA Section 320. Projects eligible for CWSRF reduced interest subsidized and unsubsidized financing include, but are not limited to: green infrastructure; land acquisition or conservation easements for water quality protection, including wellhead protection; brownfield remediation; contaminated soil and storage tank remediation; water quality aspects of landfills such as landfill leachate collection, storage and treatment, landfill gas collection and control, and landfill capping; stormwater management facilities and equipment; wetland and waterbody restoration; highway deicing materials storage; deficient or failing decentralized septic systems; or other non-point source projects to maintain, protect or improve water quality under Section 319.

DWSRF - Drinking water systems eligible for DWSRF reduced interest subsidized and non-subsidized financing are: municipal and privately-owned community water systems and non-profit, non-community water systems. Municipally-owned water systems are also eligible for reduced interest unsubsidized financing. Projects eligible for DWSRF financing include: construction, rehabilitation, and upgrading of water treatment plants; transmission and distribution mains; storage facilities; pump stations; interconnections; rehabilitation or development of new drinking water sources; consolidation of water supply services; upgrades to existing water systems; energy efficiency initiatives; and capital investments to improve security of drinking water systems.

Intended Use Plans & Project Listing:

Eligible entities interested in financing one or more projects not listed in the Draft CWSRF IUP or Draft DWSRF IUP should submit the appropriate IUP project listing information as soon as possible but no later than Friday, September 2, 2016 as provided below. For assistance with the IUP listing process, please contact NYS EFC.

For CWSRF projects, applicants must use the Project Listing and Update System (PLUS) available at: The following information must be provided to NYS EFC no later than Friday, September 2, 2016 for the project to appear on the Annual List of the Final CWSRF IUP: an approvable engineering report or technical report, an executed engineering agreement for planning services (if those services are expected to be financed with the project), and a Smart Growth Assessment Form.

For DWSRF projects, applicants must provide a DWSRF Listing Form and an engineering report or plans and specifications to the NYS DOH by Friday, September 2, 2016, or have completed construction, to be included on the Annual List in the Final DWSRF IUP.

A notice regarding the availability of the Draft IUPs will be e-mailed to municipal applicants, system owners, financial advisors, consulting firms, and other interested parties. The Draft CWSRF and DWSRF IUPs will also be available on the NYS EFC website at:

Public Meeting and Hearing:

A joint public meeting and hearing to review the Draft 2017 CWSRF IUP and DWSRF IUP and to accept public comments on the IUPs will be held on Wednesday, August 24, 2016 at 3:00 p.m. in the Stedman Room of the William K. Sanford Town Library in the Town of Colonie, Albany County. The Library is located at 629 Albany Shaker Road, approximately ¼ mile east of Exit 4 off I-87. Pre-registration is not required. The public hearing has been scheduled at a place reasonably accessible to persons with a mobility impairment.

Interpreter services will be made available to hearing impaired persons, at no charge, upon written request submitted within reasonable time prior to the scheduled public hearing. The written request must be addressed to the NYS EFC representative designated below.

Due Date For Comments:

Written comments on the draft IUPs must be submitted by 5:00 p.m. September 2, 2016.

CWSRF Program:

Submit comments by: 5:00 p.m. Friday, September 2, 2016

Submit comments to:

Timothy P. Burns
NYS EFC - Division of Engineering & Program Management
625 Broadway
Albany, NY 12207-2997
Fax: (518) 402-6954

DWSRF Program:

Submit comments by: Friday, September 2, 2016

Submit comments to:

Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room. 1135
Albany, New York 12237
Fax: (518) 402-7659
E-mail: (if sent by email put Draft IUP comment in the subject line)


NYS EFC and NYS DOH will host a webinar to review the Draft 2017 CWSRF and DWSRF IUPs on Wednesday, August 3, 2016 at 10:00 a.m. This event will present an overview of the 2017 CWSRF and DWSRF IUPs, as well as an opportunity to answer questions. Log-on instructions for this webinar will be posted on NYS EFC's website at:

NYS EFC and NYS DOH Contacts:

For assistance with the IUP listing process, or for information on these SRF programs, please contact:


Dwight Brown
NYS EFC - Division of Engineering and Program Management
625 Broadway
Albany, NY 12207-2997
Phone: (518) 402-7396
Fax: (518) 402-6954
NYS EFC website:


Michael Montysko
NYS DOH - Bureau of Water Supply Protection
Empire State Plaza
Corning Tower Room 1135
Albany, New York 12237
Phone: (800) 458-1158 extension 27650 or (518) 402-7650
Fax: (518) 402-7689

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