Part 492, Climate Smart Community Projects - Express Terms
6 NYCRR
Chapter IV Quality Services
Subchapter I Climate Change
PART 492 CLIMATE SMART COMMUNITY PROJECTS
(Statutory Authority: Environmental Conservation Law, §§ 1-0101, 3-0301, 54-1501, 54-1503, 54-1509, 54-1511, 54-1521)
Subpart 492-1 Definitions
Subpart 492-2 Clean Vehicle Projects
Subpart 492-3 Climate Adaptation and Mitigation Projects
SUBPART 492-1 CLIMATE SMART COMMUNITY PROJECTS - DEFINITIONS
492-1.1 Definitions.
(a) 'Clean vehicle projects'. Projects undertaking an eligible purchase or lease of an eligible vehicle, or installation of eligible infrastructure for public charging and/or fueling of eligible vehicles.
(b) 'Climate adaptation and mitigation projects'. Projects funded pursuant to this title that shall include:
(1) The construction of natural resiliency measures, conservation or restoration of riparian areas and tidal marsh migration areas;
(2) Nature-based solutions to address physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;
(3) Relocation or retrofit of facilities to address physical climate risk due to sea level rise, and/or storm surges and/or flooding based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable;
(4) Flood risk reduction;
(5) Greenhouse gas emission reductions outside the power sector;
(6) Enabling communities to become certified under the climate smart communities program, including by developing natural resources inventories, right sizing of municipal fleets and developing climate adaptation strategies; and
(7) Climate change adaptation planning and supporting studies, including but not limited to vulnerability assessment and risk analysis of municipal drinking water, wastewater, and transportation infrastructure.
(c) 'Climate change mitigation easement'. An easement, to be enforced as a conservation easement, required by an applicant municipality that does not own the project site. The municipality must develop, execute, and file a climate change mitigation easement with the appropriate County clerk's office which ensures that:
(1) The property shall be accessible to the municipality for any necessary work to achieve the funded purpose throughout the anticipated life of the project;
(2) The property shall provide the identified public benefit throughout the anticipated life of the project;
(3) The property shall be used to achieve climate protection and mitigation goals pursuant to ECL Article 54 Title 15 "Climate Smart Community Projects" throughout the anticipated life of the project; and
(4) The property owner shall provide information and data to the municipality, or will provide access to the municipality for collection of data, as specified in the grant contract;
(d) 'Climate smart community projects'. Climate smart community projects are climate adaptation and mitigation projects and clean vehicle projects.
(e) 'Cost'. Cost shall mean eligible project costs as outlined in a Request for Applications, including the cost of all systems, facilities, machinery and equipment, engineering and architectural services, plans and specifications, consultant and legal services, and other direct expenses incident to undertaking a climate smart community project.
(f) 'Department'. Department shall mean the Department of Environmental Conservation.
(g) 'Eligible vehicle'. A new motor vehicle that:
(1) Has four wheels;
(2) Was manufactured for use primarily on public street, roads and highways;
(3) The powertrain of which has not been modified from the original manufacturer's specifications'
(4) Is rated at not more than eight thousand five hundred pounds gross vehicle weight;
(5) Has a maximum speed capability of at least fifty-five miles per hour; and
(6) Is propelled at least in part by an electronic motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operation, and that draws electricity from a hydrogen fuel cell or from a battery that:
(i) Has a capacity of not less than four kilowatt hours; and
(ii) Is capable of being recharged from an external source of electricity.
(h) 'Eligible purchase'. The purchase by a municipality to own or lease for a period of not less than thirty-six months of an eligible vehicle placed into service on or after April first, two thousand sixteen at a dealer located within New York.
(i) 'Eligible infrastructure project'. Any facility (not including a building and its structural components) that is used primarily for the public charging and/or fueling of vehicles which meet the eligible vehicle definition that has received required federal, state, and local permits and authorizations and complies with zoning.
(j) 'Municipality'. A county, city, town, village or borough (referring only to Manhattan, Bronx, Queens, Brooklyn, and Staten Island) residing within New York State. Municipality does not include local public authorities, public benefit corporations, Indian tribes or nations residing within New York State, or school or supervisory districts.
(k) 'Request for Applications'. A call for eligible applications issued by the Department laying out the specific process and requirements to apply for rebates and/or state assistance payments pursuant to this Title. The Request for Applications will be made available on the Department website and will be applicable until revised and replaced.
SUBPART 492-2 CLEAN VEHICLE PROJECTS
492-2.1 Applicability.
This Subpart describes rebates available to municipalities for the purchase or lease of eligible vehicles (up to $5,000 per vehicle and no less than $750 per vehicle), and eligible infrastructure projects which support the public charging and/or fueling of eligible vehicles (up to $250,000 per facility).
492-2.2 Application procedure for State rebates.
(a) A municipality shall make an application (in the manner described in the current Request for Applications issued by the Department) for a State rebate to be applied to the cost of a clean vehicle project. An application schedule, including a submission deadline, will be published at the time a Request for Applications is issued. The application shall identify an individual representative of the municipality who shall be authorized to sign said application as well as any contracts between the State and the municipality which may be required in order to qualify the municipality for a State rebate.
(b) At the request of the Department, the municipality shall provide any additional information, documents, or other material that the Department deems necessary to evaluate the municipality's eligibility for State rebates.
492-2.3 State requirements.
(a) Within the parameters provided for in the Request for Applications, individual rebate amounts will be determined annually based on factors including electric range of eligible vehicles (for vehicle purchase or lease projects) and cost effectiveness of the proposed infrastructure (for infrastructure installation projects).
(b) Matching funds requirements, if applicable, shall be specified in the Request for Applications.
(c) All contract documents prepared by the municipality for the construction of clean vehicle projects pursuant to this Part shall conform to all Federal, State and local laws, ordinances, rules and regulations.
(d) The municipality shall provide the Department with monitoring information, or else allow the Department access to collect information, that documents or estimates the greenhouse gas reductions achieved as a result of the clean vehicle project.
(e) The expected useful life of a vehicle purchase or lease project is a minimum of three years, and an infrastructure installation project is a minimum of ten years.
(f) For all clean vehicle projects where an applicant municipality develops, improves, restores or rehabilitates real property that is not owned by the municipality, it shall obtain a climate change mitigation easement from the owner of the real property.
492-2.4 Approval of projects.
(a) Vehicle purchase or lease rebate applications will be screened for eligibility and, if eligible, shall be awarded in the order submitted based on earliest time of submission until funding is exhausted or until the deadline specified in the current Request for Applications, whichever is first.
(b) Infrastructure installation rebate applications will be evaluated through a two-step process. The first step will determine basic project eligibility and the second step will grade the application based on project-specific factors. Infrastructure projects that are eligible and meet a minimum threshold for project-specific factors will be awarded rebates in the order submitted based on earliest time of submission until funding is exhausted or until the deadline specified in the current Request for Applications, whichever is first. The Department shall determine and publish on its website on an ongoing basis the amount of available funding for rebates remaining in each fiscal year.
492-2.5 Payments.
(a) Installment payments of the State grant will be made at the request of the municipality, and will be based on the cost of the work performed, materials and equipment supplied and incorporated in, and services rendered in connection with, an approved project.
(b) If the municipality fails to comply with any of the requirements of the Environmental Conservation Law or regulations of the Department applicable to the project, the Department may withhold all or part of further payments pending compliance.
(c) Upon notification from the municipality that the project is complete, the Department will determine if the project is operating in accordance with applicable laws and regulations. The cost of any work completed after the final determination, or after a date established by the Department at the final determination, will not be considered part of the project cost.
(d) A final payment, which brings the total of State grant payments to 100 percent of the State share of the project cost, will be released upon determination by the Department that the project is complete and is operating satisfactorily, and that all grant requirements have been met. If the project is complete but not operating satisfactorily, the Department may withhold from the final payment an amount sufficient, in the judgment of the Department, to ensure correction of deficiencies. The amount withheld will be released when deficiencies are corrected.
(e) Total grant payments may not exceed the State share of either the estimated reasonable cost or the actual project cost, whichever is lower after deducting any other State or Federal funds received or to be received for the project.
SUBPART 492-3 CLIMATE CHANGE ADAPTATION AND MITIGATION PROJECTS
492-3.1 Applicability.
This Subpart describes 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.
492-3.2 Application procedure for State assistance.
(a) A municipality shall make an application (in the manner described in the current Request for Applications issued by the Department) for State assistance to be applied to the cost of a climate adaptation or mitigation project. An application schedule, including a submission deadline, will be published at the time a Request for Applications is issued. The application shall identify an individual representative of the municipality who shall be authorized to sign the application as well as any contracts between the State and the municipality which may be required in order to qualify the municipality for a State rebate.
(b) At the request of the Department, the municipality shall provide any additional information, documents, or other material that the Department deems necessary to evaluate the municipality's eligibility for State rebates.
492-3.3 State requirements.
(a) Within the parameters provided for in the Request for Applications, individual grant limits and eligible project types will be determined based on factors including State and department priorities, appropriations, and the availability of scientifically-supported climate projections and other climate change research.
(b) State assistance payments shall not exceed fifty percent of the project cost or two million dollars, whichever is less.
(c) All contract documents prepared by the municipality for the construction of climate adaptation and mitigation projects pursuant to this Part shall conform to all Federal, State and local laws, ordinances, rules and regulations.
(d) The municipality shall provide the Department with monitoring information as outlined in the current Request for Applications that documents or estimates the climate adaptation or mitigation benefits achieved as a result of the project.
(e) The expected useful life of a climate adaptation and mitigation project is a minimum of ten years.
(f) For all climate change adaptation and mitigation projects where an applicant municipality develops, improves, restores or rehabilitates real property that is not owned by the municipality, it shall obtain a climate change mitigation easement from the owner of the real property.
492-3.4 Approval of Projects.
(a) The Department will issue, on a competitive basis, within amounts appropriated, state assistance payments towards the cost of eligible climate change mitigation or adaptation projects provided that the Department determines that the municipality has considered future physical climate risk due to sea level rise, and/or storm surges and/or flooding, based on available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if applicable.
(b) The Department shall outline specific scoring criteria applicable to the eligible project types in a Request for Applications. These criteria shall include:
(1) financial hardship;
(2) project readiness;
(3) project criticality;
(4) effectiveness of the proposal;
(5) planning context;
(6) quality of the application; and
(7) reasonableness of cost.
(c) Climate adaptation and mitigation projects will be screened for eligibility and, if eligible, scored based on the criteria described in the Request for Applications. Funding will be awarded according to project rank from highest to lowest until funding is exhausted.
492-3.5 Payments.
(a) Installment payments of the State grant will be made at the request of the municipality, and will be based on the cost of the work performed, materials and equipment supplied and incorporated in, and services rendered in connection with, an approved project.
(b) The Department will retain five percent from each payment except the final payment.
(c) If the municipality fails to comply with any of the requirements of the Environmental Conservation Law or regulations of the Department applicable to the project, the Department may withhold all or part of further payments pending compliance.
(d) Upon notification from the municipality that the project is complete, the Department will determine if the project is operating in accordance with applicable laws and regulations. The cost of any work completed after the final determination, or after a date established by the Department at the final determination, will not be considered part of the project cost.
(e) A final payment, which brings the total of State grant payments to 100 percent of the State share of the project cost, will be released upon determination by the Department that the project is complete and is operating satisfactorily, and that all grant requirements have been met. If the project is complete but not operating satisfactorily, the Department may withhold from the final payment an amount sufficient, in the judgment of the Department, to ensure correction of deficiencies. The amount withheld will be released when deficiencies are corrected.
(f) Total grant payments may not exceed the State share of either the estimated reasonable cost or the actual project cost, whichever is lower after deducting any other State or Federal funds received or to be received for the project.