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Climate Change Regulatory Revisions

6 NYCRR Chapter IV

Subchapter I Climate Change

Proposed - Part 494, Hydrofluorocarbon Standards and Reporting

DEC is proposing a new 6 NYCRR Part 494, Hydrofluorocarbons Standards and Reporting, which adopts prohibitions on substances in new and retrofitted equipment and products previously included in the US Environmental Protection Agency's Significant New Alternatives program. The proposed rules also include related administrative and record-keeping requirements for manufacturers. Written public comments will be accepted through March 16, 2020.

Adopted - Part 492, Climate Smart Community Projects

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. "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. Authorizing legislation in Title 15 of the Environmental Protection Fund requires the Department to promulgate rules and regulations to implement this title.

Adopted - Part 490, Projected Sea-Level Rise

On September 22, 2014, Governor Cuomo signed into law the Community Risk and Resiliency Act, Chapter 355 of the Laws of 2014 (CRRA). CRRA is intended to ensure that decisions regarding certain State permits and expenditures consider climate risk, including sea-level rise. Among other things, CRRA requires the Department of Environmental Conservation (Department) to adopt regulations establishing science-based State sea-level rise projections. Therefore, the Department proposed a new 6 NYCRR Part 490, Projected Sea-level Rise (Part 490). Part 490 establishes projections of sea-level rise in three specified geographic regions over various time intervals, but does not impose any requirements on any entity.

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