Part 492, Climate Smart Community Projects - Express Terms Summary

PART 492 CLIMATE SMART COMMUNITY PROJECTS EXPRESS TERMS SUMMARY

The Department of Environmental Conservation (Department) proposes to create a new 6 NYCRR Part 492, Climate Smart Community Projects, describing procedures for both "clean vehicle projects" and "climate adaptation and mitigation projects." These grant and rebate programs are authorized by ECL§ 54-1521 and ECL§ 54-1523, respectively. These regulations would describe the eligibility and procedures for each program and are specifically required by ECL § 54-1511(4) and ECL § 54-1521(4), respectively, and will provide municipalities with criteria governing the program, including eligible expenditures and procedures to govern the commitment and disbursement of the funds. The rulemaking creates separate sets of application procedures, review processes, and grant program approval guidelines and criteria, for each program.

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

This new subpart will consolidate and clarify applicable definitions. Common terms such as "department" are derived from standard Department definitions, and some terms, including "eligible vehicle," "eligible purchase," and "eligible infrastructure project," were previously defined by the authorizing legislation. Additional terms with specific definitions under this rulemaking, such as "climate mitigation easement," "cost," and "municipality" were developed after review of the authorizing legislation and discussion with appropriate staff and stakeholders.

SUBPART 492-2 CLEAN VEHICLE PROJECTS

492-2.1 Applicability

This section describes the applicability of this Subpart to clean vehicle projects. In particular, this Subpart describes rebates available to municipalities in the clean vehicle projects category, including for purchase or lease of eligible clean vehicles (up to $5,000 per vehicle and no less than $750 per vehicle), and for costs to purchase and install electric vehicle charging or hydrogen fuel cell refueling infrastructure (up to $250,000 per facility). These clean vehicle project categories and rebate limits were specifically laid out in ECL § 54-1521.

492-2.2 Application procedures for State rebates

This section describes the application procedures for State rebates for clean vehicle projects, including how applications will be requested and the types of information that will be necessary in order for a municipality to submit an application. This section also allows the Department to request any additional information it may require to evaluate the municipality's eligibility for State rebates.

492-2.3 State requirements

This section describes requirements for State rebates for clean vehicle projects, including factors that will determine allowable rebate amounts, and other obligations of applicants for clean vehicle project rebate funds. Some of these obligations, such as the requirement for a climate change mitigation easement, are derived directly from the authorizing legislation, and some are standard contractual obligations of the State of New York. Others, including the requirement for matching funds, required useful project life, and monitoring requirements, were developed after review of the authorizing legislation and discussion with appropriate staff and stakeholders.

492-2.4 Approval of projects

This section describes the criteria and procedures for approval of clean vehicle projects. Procedures for review and approval of clean vehicle projects were developed after review of the authorizing legislation and discussion with appropriate staff and stakeholders. These include criteria and procedures for determining basic eligibility and additional criteria and procedures for evaluating the context and technical soundness of the installation proposal.

492-2.5 Payments

This section describes the procedures for state payment to municipalities for clean vehicle project rebates. Procedures for reporting and payment reflect standard Department policies and conditions for state assistance contracts.

SUBPART 492-3 CLIMATE CHANGE ADAPTATION AND MITIGATION PROJECTS

492-3.1 Applicability

This section describes the applicability of this Subpart to climate adaptation and mitigation projects. In particular, this Subpart describes competitive state assistance payments available, for up to $2,000,000, to municipalities for both planning and implementation projects to advance climate adaptation and mitigation in specified areas of emphasis.

492-3.2 Application procedure for State assistance

This section describes the application procedures for State assistance for climate change adaptation and mitigation projects (up to $2,000,000 per project), including how applications will be requested and the types of information that will be necessary in order to submit an application.

492-3.3 State requirements

This section describes requirements for climate change adaptation and mitigation projects, including factors that will determine allowable grant amounts, and other obligations of applicants for climate adaptation and mitigation project grant funds. Some of these obligations, such as the requirement for matching funds and for a climate change mitigation easement, are derived directly from the authorizing legislation, and some are standard contractual obligations of the State of New York. Others, including the required useful project life and monitoring requirements, were developed after review of the authorizing legislation and discussion with appropriate staff and stakeholders.

492-3.4 Approval of Projects

This section describes the criteria and procedures for approval of climate change adaptation and mitigation projects. First, the Department must determine that the municipality has considered future physical climate risk due to sea level rise, storm surges, or flooding. In addition, other procedures for review and approval of climate adaptation and mitigation projects were developed after review of the authorizing legislation and discussion with appropriate staff and stakeholders. Procedures for determining basic eligibility and evaluating projects are described in this section and will be described in a Request for Applications. Criteria that will be evaluated include financial hardship, project readiness, project criticality, effectiveness of the proposal, planning context, quality of the application, and reasonableness of cost.

492-3.5 Payments

This section describes the procedures for state payment to municipalities for climate change adaptation and mitigation projects. Procedures for reporting and payment reflect standard Department policies and conditions for state assistance contracts.