Part 492, Climate Smart Community Projects - Rural Area Flexibility Analysis

6 NYCRR Part 492, Climate Smart Community Projects
Rural Area Flexibility Analysis

1. Types and estimated numbers of rural areas:

The New York State Department of Environmental Conservation (Department) is proposing to create a new 6 NYCRR Part 492 describing "clean vehicle projects" and "climate adaptation and mitigation projects," authorized by Environmental Conservation Law §§ 54-1521 and 54-1523. "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. Application for funding under Part 492 is voluntary. There are no requirements in the proposed regulation which apply only to rural areas. The beneficial emission reductions resulting from mitigation projects funded under Part 492 will accrue to all areas of the state.

2. Reporting, record keeping and other compliance requirements; and professional services:

Part 492 will require municipalities, in certain circumstances, to provide monitoring information, or access to monitoring information, that documents greenhouse gas or climate change mitigation benefits. However, there are no requirements in the proposed regulation that apply exclusively to rural areas and participation in the program is voluntary. Municipalities may engage professional consulting and construction services to carry out projects funded pursuant to this title.

3. Costs:

Part 492 will not impose any costs on any entity because the regulation is a voluntary funding program and does not impose any standards or compliance obligations. Therefore, there are no costs associated with Part 492. Likewise, the regulation will not impose any additional costs on the Department or local government entities. Certain projects funded under Part 492 will require matching funds from the municipality. However, as participation in this program is voluntary any matching costs incurred by the municipality will be elective.

4. Minimizing adverse impact:

The proposed changes will not adversely impact rural areas. Application for funding under Part 492 is voluntary and there are no requirements in the proposed regulation which apply only to rural areas. The beneficial emission reductions resulting from mitigation projects funded under Part 492 will accrue to all areas of the state.

5. Rural area participation:

The Department plans on holding a public hearing and webinar that will be available to participants throughout New York State once the regulation is proposed. The hearing will be available for persons from all areas, including rural areas, to participate. Additionally, there will be a public comment period in which interested parties can submit written comments.