ENB - STATEWIDE NOTICES

        
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Notice of Application Availability - New York State Green Building Tax Credit Program - 6 NYCRR Part 638

Legislation enacted in 2000 provided up to $25 million in New York State tax credits for developers of environmentally friendly "green" buildings. Regulations to implement the program were finalized in June of 2002. These regulations, 6 NYCRR Part 638, describe the conditions which must be met in order to qualify for the Green Building Tax Credit, and can be found on the DEC website.

Application packages for the New York State Green Building Tax Credit program will be available from the New York State Department of Environmental Conservation (DEC) beginning on August 28, 2002. Application packages may be downloaded from the Departmentís Website at www.dec.state.ny.us/website/ppu/grnbldg/index.html or by calling DECís Pollution Prevention Unit at (518) 402-9469.

Applications may be hand-delivered to the Pollution Prevention Unit, located on the 12th floor of DECís Headquarters, 625 Broadway, Albany, NY 12233, on or after 9:00 a.m. on September 30, 2002. The Department will not accept or process applications submitted by hand-delivery prior to September 30, 2002. Applications must be clearly marked with the words "Green Building Tax Credit Application" for identification and processing purposes. If the applicant fails to so mark its package, the applicant assumes the risk that the application will not be processed expeditiously by Department staff. Such applications will be date and time stamped upon receipt.

Applications may also be submitted by mail or special delivery on or after September 30, 2002, to the following address:

Pollution Prevention Unit
New York State Department of Environmental Conservation
625 Broadway, 12th floor
Albany, New York 12233-8010

Attention: Green Building Tax Credit Application

All applications received by mail or special delivery will be date and time stamped upon receipt by the Director of the Pollution Prevention Unit. The Department will not accept or process any applications delivered by mail or special delivery prior to September 30, 2002. All applications received by mail or special delivery prior to September 30, 2002, will be returned unopened to the applicant. The applicant assumes all risk associated with the safe and timely delivery of any applications delivered by mail or any other method of delivery.

In order to be considered, applications must be submitted on the official DEC application and be completed in their entirety. Incomplete applications will not be further processed, but will be returned to the applicant with a notation indicating the portion(s) that has been deemed incomplete. The application will be denied, although the applicant may submit a new application without prejudice.

Pursuant to Part 638, the Department will issue "Credit Component Certificates" for eligible projects. Such Certificates shall identify the amount of tax credit for which an applicant project is eligible, and shall also identify the amount of tax credit the project is eligible to receive for subsequent tax years pursuant to Part II of Chapter 63 of the New York State Laws of 2000.

The legislation creating the Green Building Tax Credit program limited the total amount of tax credits that the Department may issue to $25 million for the entire five year life of the program. It is possible that the Department may receive eligible project applications totaling more than $25 million. The Department will utilize the following procedures in issuing Credit Component Certificates:

The Department shall keep an accounting of applications received and credits issued pursuant to Part II of Chapter 63 of the New York State Laws of 2000. Records of such accounting shall be available for public review upon request.


Public Notice

Public Comment Period Open for Comparative Risk Project Draft Final Report of the Risk Reduction Strategies Work Group

Project Description:

The New York State Comparative Risk Project (Project) was initiated in 1996 to assist the Department of Environmental Conservation in developing a risk-based approach to pollution prevention. The Project seeks to identify those environmental problems that pose the highest risks to the citizens and the environment of New York State and to develop recommendations for reducing those risks through pollution prevention/risk reduction programs, or technical assistance strategies. The Project decisions are, to the greatest extent practicable, based on the available scientific information and current technology and attempt to reflect public opinions and values.

The comparison of environmental problems in this Project is based on risks associated with substances that are released into the environment. These substances can be chemicals or particles that may be released into the air, water, or land. Fourteen groups of these substances, called stressors, have been developed. The stressor groupings are based on similarities in their physical or chemical characteristics.

The project is broken into two phases. Phase 1, the risk characterization phase, identified the most significant threats to human health, ecosystems, and quality of life that result from toxic releases to the environment. For this phase, three work groups were established to identify and evaluate these environmental threats. The evaluations of these three groups were intended to help identify those problem areas where current regulatory and pollution prevention efforts have either not yet been implemented, can benefit from enhancement, or have so far failed to adequately reduce risk to human health, ecosystems, or quality of life for New Yorkers. The Project focuses on residual risks (i.e., the risks that remain given current levels of environmental regulation and control). These first three work groups have written reports that examine and compare the risks posed by the groups of 14 stressors.

Phase 2, the risk reduction strategies phase, developed management strategies that incorporate pollution prevention methods and prioritized them for implementation. For Phase 2, a Risk Reduction Strategies Work Group was established to build on the work of the three previous work groups and the Project Steering Committee by identifying sources of the 14 stressors evaluated and the availability of pollution prevention measures that are potentially the most effective at reducing risk. The Risk Reduction Strategies Work Group has prepared a Draft Final Report that develops, prioritizes and recommends for implementation overall management strategies that also incorporate specific pollution prevention strategies.

Additional details about the Comparative Risk Project, including copies of the Project ground rules and other documents, can be obtained through the Project website at www.dec.state.ny.us/website/ppu/p2crp.html.

Available Reports:

Three work group reports, prepared by the Human Health, Ecosystems, and Quality of Life Work Groups were released in the summer of 2001 for public comment and have been finalized. A Steering Committee Final Report summarizing the Project and findings from Phase 1 is also available. The draft Final Report of the Risk Reduction Strategies Work Group is now available for public comment.

All reports can be obtained through the Projectís website at www.dec.state.ny.us/website/ppu/p2crp.html. They can also be obtained through the address, phone, fax, and email address provided in the next section.

Public Comment Period Information:

A public comment period on the draft Final Report of the Risk Reduction Strategies Work Group will take place through September 16, 2002. During this time, written comments on this draft report will be accepted by the following means:

Formal public comments will not be taken by phone, but those with questions about the Project may call 518-402-9472

Please send comments in by September 16, 2002. The Draft Final Report of the Risk Reduction Strategies Work Group will be revised and finalized shortly after review of the public comments received, and it is anticipated that the Steering Committee will prepare a final report for the Project by the end of 2002. Although no formal written response to individual public comments will be prepared, each comment that is received will be considered by the Risk Reduction Strategies Work Group or the Steering Committee and will be reflected in changes to the report which will be posted on the Projectís website.


Notice of Adoption - 6NYCRR Parts 10, 11, 19, 35, 60 and 93

Pursuant to the Environmental Conservation Law, Sections 11-0303, 11-0305, 11-0325, 11-1303, 11-1315, 11-1316, 11-1317, 11-1319, and 11-2101, the Department of Environmental Conservation hereby gives notice of the following:

Adoption of regulations 6NYCRR Parts 10, 11, 19, 35, 60 and 93 relating to sportfishing. The adoption notice will be published in issue 36 of the State Register, dated 09/04/2002 and the regulations will become effective upon publication.

For further information contact:
Robert E. Brandt, Bureau of Fisheries
Division of Fish, Wildlife and Marine Resources
625 Broadway, Albany, NY 12233-4753
Telephone: (518) 402-8898