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Rural Area Flexibility Analysis - 6 NYCRR Part 375

Amendments to 6 NYCRR Part 375

Environmental Remediation Programs - Revisions to BCP Regulations

For purposes of this Rural Area Flexibility Analysis (RAFA), "rural area" means those portions of the state so defined by Executive Law section 481(7). SAPA section 102(10). Under Executive Law section 481(7), rural areas are defined as "counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. In counties of two hundred thousand or greater population, 'rural areas' means towns with population densities of one hundred fifty persons or less per square mile, and the villages, individuals, institutions, communities, programs and such other entities or resources as are found therein." There are 44 counties in New York State (State) that have populations of less than 200,000 people and 71 towns in non-rural counties where the population densities are less than 150 people per square mile.

The amendments to the rule include the addition of definitions for 'affordable housing project' and 'underutilized.' The definition of 'affordable housing project' applies to projects across the State that are eligible for tax credits. It is anticipated to be utilized in urban areas of the State where affordable housing projects are currently constructed, and thus would not impose any impact on rural areas in the State. The definition of 'underutilized' only applies to prospective projects in New York City and thus would not impose any impact on rural areas in the State. Therefore, a RAFA is not required for this rule making.


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