Statewide - Eligibility Guidelines for Funding by the New York State Department of Environmental Conservation (NYS DEC) for Infrastructure Projects that Protect Drinking Water[...]

Public Notice

Eligibility Guidelines for Funding by the New York State Department of Environmental Conservation (NYS DEC) for Infrastructure Projects that Protect Drinking Water Supplies from the Impacts of Harmful Algal Blooms (HABs)

NYS DEC has developed the following eligibility guidelines to implement funding under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act).

The Water Quality Improvement Project (WQIP) grant program, and others where applicable, will make Bond Act funding available on a competitive basis to eligible entities to implement projects that reduce the adverse impacts of HABs on water quality and associated uses. Priority will be given to projects that directly protect the water quality of drinking water supplies and water quality in their respective watersheds, as defined in various Unite States Environmental Protection Agency (US EPA) approved and NYS DEC approved clean water plans including Total Maximum Daily Loads (TMDLs) and Nine Element Watershed Plans (9Es), as well as projects that support actions identified in New York State HAB Action Plans, NYS DEC watershed program action agendas, and NYS DEC accepted Drinking Water Source Protection plans.

The Bond Act requires that disadvantaged communities receive no less than 35 percent with the goal of 40 percent of the benefit of overall Bond Act funds ($4.2 billion). In line with this goal, NYS DEC will work to ensure at least 40 percent of the WQIP Program, and other grant program, investments benefit disadvantaged communities.

The term disadvantaged communities shall mean the same definition used under the State's Climate Leadership and Community Protection Act: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria.

Municipalities including Indian Nations (defined pursuant to §58-0101), Soil and Water Conservation Districts, Not-for-Profit Corporations (defined pursuant to §56-0101), and State agencies will be eligible for funding.

Eligible Project Specifications:

• Funds may be used in conjunction with other available sources, such as federal funds and grants, state funding that will be repaid (i.e., State Revolving Fund loans) and local government or not-for-profit contributions.
• Geographic distribution will be considered when awarding funds.
• Priority will be given to projects which directly protect the water quality of drinking water supplies and water quality in their respective watersheds from HABs, as defined in various US EPA-approved and NYS DEC-approved clean water plans, including TMDLs and 9Es or projects that support actions identified in New York State HAB Action Plans, NYS DEC watershed program action agendas, and NYS DEC-accepted Drinking Water Source Protection plans.
• Funds may be used across other bondable eligible project types within the WQIP program which specifically target nutrient reductions to improve water quality and reduce the adverse impact of HABs.
• Examples of water quality improvement and resilient infrastructure projects that reduce the adverse impacts of HABs on water quality, may include but are not limited to:
  • Construction and implementation of projects that directly improve water quality of drinking water supply intakes (extension/repositioning/addition of intakes), improved filtration or technology upgrade, improve internal lake circulation, reduce water stagnation, and act to promote sediment and nutrient fallout, among others.
  • Construction and implementation of runoff reduction Best Management Projects (BMPs) on agricultural and non-agricultural lands that reduce stormwater and nutrient runoff and soil erosion.
  • Replacement and repair of failing/failed septic systems to maximize their functional capacity and minimize their nutrient contributions.
  • Creation of riparian buffers and wetlands or enhancement/restoration of existing riparian buffers and wetlands as nutrient and sediment reduction strategies.
  • Acquisition and conservation of lands to protect and maintain existing vegetated buffers along waterways and wetlands.
• Engineering reports or feasibility studies may be required, depending on the proposed project type.
• For projects proposed within a 0.2 percent (500 year) or 1 percent (100 year) annual chance of occurrence floodplain, entities will be required to submit a floodplain map (https://www.fema.gov/flood-maps) with the location of the project indicated. A project that is within a 0.2 percent or 1 percent floodplain must include the following in the planning and design of the project, if applicable:
  • A site plan with the contours indicating the Special Flood Hazard Area (1 percent floodplain), Coastal High Hazard Area, or 0.2 percent floodplain;
  • Location of and elevation of non-critical and critical equipment;
  • Certification of floodproofing;
  • A floodway analysis with a no-rise certificate if the project is within a regulated floodway; and
  • Fulfillment of Federal Emergency Management Agency (FEMA) National Flood Insurance Program Special Flood Hazard Area process requirements, where applicable (https://dec.ny.gov/environmental-protection/water/dam-safety-coastal-fl…). If a project results in a change of base flood elevations, a FEMA Letter of Map Change (LOMC) must be included as part of the project.

Ineligible projects are those that:

• Do not reduce the adverse impacts of HABs on water quality;
  • Are only seeking funds for studies, planning, or design;
  • Do not include required attachments; and
  • Do not meet the published requirements for that project type or subtype.

NYS DEC will evaluate projects based on overall responsiveness and factors including project impact, project readiness, reasonableness of cost, climate and flood resiliency, environmental benefit, and other criteria.

Public comments on the guidelines will be accepted until January 10, 2025, at 5:00 p.m., and are to be submitted in writing to the contact listed below.