ENB - STATEWIDE NOTICES

Public Notices

Environmental Facilities Corporation
Notice of Draft Description of Eligible Project Categories
Financial Assistance to Business
Water Program

I. BACKGROUND, SCOPE AND APPLICABILITY

The Environmental Facilities Corporation (EFC), through its Financial Assistance to Business (FAB) Water Program, proposes to provide funding: 1) to businesses and to water suppliers on behalf of businesses for all projects that will create, improve or extend water supply facilities that are designed to comply with applicable federal laws and state drinking water supply requirements; and 2) to businesses and municipalities on behalf of business for projects that will create, improve or extend wastewater treatment facilities that are designed to comply with applicable federal and state water quality requirements. This funding will be made pursuant to the newly created Water Program within the existing Financial Assistance to Business (FAB) Program that was created by the Clean Water/Clean Air Bond Act of 1996 and implementing regulations (21 NYCRR Part 2606). All eligible projects must demonstrate an environmental or public health benefit.

The FAB Water Program is intended to help businesses and water suppliers on behalf of businesses, increase the availability and improve the quality of water supplies, and to help businesses and municipalities on behalf of business increase the availability and improve the quality of wastewater treatment facilities.

Assistance from the FAB Water Program will be available only to projects that are located in villages, towns and cities with a population of less than one million people.

II. PURPOSE OF THIS NOTICE

As required by Part 2606, this notice describes eligibility requirements for the FAB Water Program, the amount of funding available, the time period during which EFC will accept applications for funding, and certain other eligibility criteria.

III. DEFINITIONS

Unless defined herein, terms used in this notice shall have the meanings set forth in Section 56-0101 of the Environmental Conservation Law, or 21 NYCRR Part 2606. Terms used in this notice have the following meanings: "Water supply project" means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings for the supply, control, treatment, distribution, and transport of water supplies to ensure the integrity and quality of such water including compliance with the Federal Safe Drinking Water Act and other applicable Federal and State drinking water supply standards.

"Wastewater Treatment Facility" means the planning, design, construction, improvement, or acquisition of facilities, equipment, sites, or buildings needed to reduce or prevent water pollution including compliance with the Federal Clean Water Act and other applicable Federal and State water quality standards.

IV. DESCRIPTION OF ELIGIBLE PROJECTS

Projects eligible for funding under the FAB Water Program must demonstrate an environmental or public health benefit and may include investments to construct, upgrade, improve or replace infrastructure which will provide to businesses: 1) water supplies which meet the requirements of the Federal Safe Drinking Water Act and other applicable Federal and State water supply requirements; or 2) wastewater treatment facilities which meet the requirements of applicable Federal and State water quality requirements. Some other examples include: Water Supply Projects rehabilitation or development of new water sources by or on behalf of business to replace contaminated supplies; installation or upgrades of facilities that provide water to businesses if the project is needed to comply with primary or secondary standards or treatment/performance criteria or enable a public drinking water system to become viable; installation or upgrading of storage facilities, including finished water reservoirs, to prevent microbiological contamination; installation or replacement of transmission and distribution mains to prevent contamination caused by inadequately sized or constricted or failing mains; funding and/or construction to promote the consolidation of water supply services, particularly in circumstances where individual businesses or water systems generally have an inadequate quantity of water, the public water system is not viable, the water supply is contaminated, or the system is unable to ensure compliance; and the purchase of a portion of another system's capacity, if the purchase is part of a consolidation plan to bring the system(s) into compliance.

Wastewater Treatment Projects
V. PROJECT SELECTION

All complete applications will be evaluated based upon characteristics of each proposed project. This evaluation will be based upon factors including, but not limited to: the reliability and viability of the proposed system to provide a water supply or wastewater treatment to businesses; the need to improve the water supply for public health reasons, including reducing exposure to microbiological contamination such as e coli, toxins and other contaminants; any sanitary code violations, including inadequate source capacity, inadequate distribution pressures or uncovered finished water storage; any water quality violations and threats to public health or the environment.

Once a decision to fund a project is made, EFC will notify successful project owners and execute a contract describing the rights and responsibilities of the parties. EFC will then begin processing the State Assistance Payments. No funds will be disbursed until all necessary permits and approvals for the project (including DOH approval to create, construct or modify a public water system; any SEQRA requirements; and, if necessary, a DEC water supply permit) have been received.

VI. PROJECT COMPLETION DATE

All projects for which FAB Water Program money is awarded must be completed within three (3) years of the signing of a contract between EFC and the project owner.

VII. AMOUNT OF FUNDING

EFC will make State Assistance Payments for not more than 75% of the cost of an eligible project on a reimbursement basis. EFC may award less than 75% of the cost of a project based upon a determination that the amount of the award will allow the project to proceed, given other sources of funding.

VIII. APPLICATION SCHEDULE

EFC will accept applications for State Assistance Payments under the FAB Water Program through December 31, 2000. Applications are available at the address listed below or on EFC's website: www.nysefc.org.

IX. ADDITIONAL REQUIREMENTS

(1) Project Limitations

All recipients must pledge not to remove from the state any assets purchased with funds received from the FAB Water Program.

(2) Application Procedure

The procedures for administering the FAB Water Program, including the submission, review and approval of requests for State Assistance, will be governed by 21 NYCRR Part 2606.

X. INFORMATION AVAILABILITY

Any person seeking additional information or application material should contact EFC at:

New York State Environmental Facilities Corporation
Financial Assistance to Business Program
Attention: Laurie A. Allen, Program Manager
50 Wolf Road
Albany, NY 12205-2603
Telephone (800) 200-2200
Fax (518) 485-8773


Environmental Board Meeting

The New York State Department of Environmental Conservation hereby gives notice that a meeting of the Environmental Board will be held at 2:00 p.m., November 6, 2000, in Room 602 of the Department's main offices, 50 Wolf Road, Albany, New York.

The Environmental Board will consider the following rulemaking action of the Department of Environmental Conservation:

6 NYCRR Part 218, Emission Standards for Motor Vehicles and Motor Vehicle Engines, and Part 200.9, Referenced Material.

This meeting is open to the public.


The Department of State
Repeal and adoption of fire prevention and building code and energy conservation construction code.

The action involves the repeal of the existing text of the Uniform Fire Prevention and Building Code ("Uniform Code") (9 NYCRR Part 600 et seq.) and the State Energy Conservation Construction Code ("State Energy Code") (9 NYCRR Part 7810 et seq.) and the adoption of new provisions for both sets of regulation. The Uniform Code regulates the construction of all buildings and structures in the state outside the City of New York. The State Energy Code regulates the construction of all buildings in the state (including the City of New York) for purposes of minimizing the consumption of energy and providing for the efficient utilization of the energy expended in the use and occupancy of buildings.

Contact: Dorothy M. Harris, Assistant Secretary of State, NYS Department of State, 41 State Street, Albany, NY 12231-0001, phone: (518) 473-3355