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ENB - Statewide Notices 12/6/2017

Public Notice

Notice of Proposed Rulemaking

6 NYCRR Part 492, Climate Smart Community Projects
Pursuant to Environmental Conservation Law §§ 54-1511, 54-1521, and 54-1523, the New York State Department of Environmental Conservation (NYS DEC) hereby gives notice of the following:

NYS DEC is proposing a new 6 NYCRR Part 492, Climate Smart Community Projects, describing "clean vehicle projects" and "climate adaptation and mitigation projects," authorized by Environmental Conservation Law §§ 54-1511, 54-1521, and 54-1523. "Clean vehicle projects" include rebates available to municipalities for the purchase or lease of eligible vehicles (up to $5,000 per vehicle), and eligible infrastructure projects which support the public charging and/or fueling of eligible vehicles (up to $250,000 per facility). "Climate adaptation and mitigation projects" include competitive state assistance payments available to municipalities for climate adaptation and mitigation projects (up to $2,000,000) including, but not limited to, natural resiliency measures, nature based mitigation projects, relocation or retrofit of existing facilities due to flooding or sea level rise, greenhouse gas emissions reduction outside the power sector, and climate change adaptation planning and supporting studies. Sections 54-1511(4) and 54-1521(4) require the Department to promulgate rules and regulations to implement this title. The promulgation of Part 492 by NYS DEC will fulfill this statutory requirement.

Availability of documents for review: The proposed Part 492 and supporting rulemaking documents are available on NYS DEC's website at These documents may also be inspected at NYS DEC, Central Office, 625 Broadway, Albany, NY. Please call the Office of Climate Change for an appointment at (518) 402-8448.

Written comments: The public is invited to submit written comments on the proposed Part 492 through January 22, 2018. Written comments can be submitted as follows:

  1. By email to; please include "Comments on Proposed Part 492" in the subject line of the email; or
  2. By mail to Mark Lowery, NYSDEC, Office of Climate Change, 625 Broadway, Albany, NY 12233-1030.

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

Pursuant to the Environmental Conservation Law section 13-0327, the Department of Environmental Conservation (DEC) hereby gives notice of the following:

DEC has filed a Notice of Proposed Rule Making to amend 6 NYCRR Part 49 to clarify the current size limit provisions in regulation for the taking of bay scallops. This proposal will amend Section 49.1 to clarify the legal-size limit in regulation for the taking of bay scallops which requires that only those scallops measuring no less than 2 ¼ inches from the middle of the hinge to the middle of the bill and having an annual growth line may be taken. This regulation is needed to eliminate any confusion for commercial and recreational shellfish harvesters. This proposed consensus regulation will not change the size limit for the taking of bay scallops but will only provide clearer language to make it consistent with the legal-size limit established by law in 2005. This rule making ensures adequate protection of juvenile bay scallops to allow them to spawn at least once prior to harvest which is needed to support a sustainable bay scallop population and fishery.

There are no anticipated adverse impacts: there are no mandates for local governments, and there are no costs to DEC, local municipalities, or the regulated public.

This notice will be published in issue 49 of the State Register, dated December 6, 2017. This rule making will be subject to a 45-day public comment period.

For further information please contact:

Debra A. Barnes
NYS Department of Environmental Conservation
205 N. Belle Meade Road, Suite 1
East Setauket, NY 11733-3400
Telephone: (631) 444-0477

Notice of Enrollment Period - New York Green Business

Applications for the New York Green Business program will be accepted through Friday, December 15th, 2017. Application materials and submission information can be found at

The New York Green Business program provides recognition and incentives to businesses and other entities in New York State that are committed to sustainable practices and conserving New York's environment and natural resources. In order to participate in the program applicants must have a good record of compliance, make commitments to lower their environmental footprint, and communicate their sustainability commitment to their customers and employees.

While the program is open to any business, or other organization, in New York State that meets the entry criteria, it has special entry criteria for breweries, garments cleaners, and restaurants to address their unique environmental impacts.

Direct comment or inquiries to:

NYS DEC - Pollution Prevention Unit
625 Broadway
Albany, NY 12233
Phone: (518) 402-9469

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