Part 492, Climate Smart Community Projects - Regulatory Flexibility Analysis for Small Business and Local Governments

6 NYCRR Part 492, Climate Smart Community Projects
Regulatory Flexibility Analysis for Small Businesses and Local Governments

1. Effect of rule:

The New York State Department of Environmental Conservation (Department) proposes 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. The proposed regulations are not expected to adversely impact small businesses and local governments in New York State. Application for funding under Part 492 is voluntary.

2. Compliance requirements:

Local governments are eligible to apply for funding under Part 492, and will be required to adhere to its requirements in order to receive state assistance payments. Application for funding under Part 492 is voluntary.

3. Professional services:

Municipalities may employ local professional services to carry out projects funded pursuant to this title. No additional costs will accrue to small businesses or local governments as participation in this program in voluntary.

4. Compliance costs:

Local governments are eligible to apply for funding under Part 492, and will be required to adhere to its requirements in order to receive state assistance payments. Local governments may incur costs associated with preparing applications, carrying out projects, and local match requirements pursuant to this title. However, application for funding under Part 492 is voluntary.

5. Minimizing adverse impact:

Since application for funding under Part 492 is voluntary, and these programs provide state assistance payment for projects undertaken by local governments in their localities for the benefit of the public, the Department does not anticipated any adverse impact on local governments as a result of these regulations.

6. Small business and local government 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 of the state to participate. Additionally, there will be a public comment period in which interested parties can submit written comments.

7. Economic and technological feasibility:

Application for funding under Part 492 is voluntary. New York State has offered many rounds of state assistance through the Environmental Protection Fund in the past, and local governments have been able to adhere to program requirements using available technology and resources, without any significant adverse economic impacts.