DEC Releases Draft Eligibility Guidelines for Environmental Restoration and Flood Risk Reduction Grant Programs and Capital Investments

The New York State Department of Environmental Conservation (DEC) today released for public review and comment three sets of draft eligibility guidelines to allocate funding to support the removal or repair of State-owned dams, restoration of State-administered flood control projects, and improvement of flood risk reduction projects statewide under the historic $4.2-billion Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022.

 "Strengthening community resilience and reducing flood risk are top priorities for DEC and the Environmental Bond Act will make critical investments to protect critical infrastructure and protect New Yorkers statewide," DEC Commissioner Seggos said. "The draft eligibility guidelines released today represent another key milestone in Bond Act implementation and I encourage all interested stakeholders to review and provide their comments."

 To advance Bond Act funding, DEC will use the feedback received on the draft eligibility guidelines to develop funding programs. Additional eligibility guidelines currently being developed will include grant opportunities for locally administered initiatives.

Eligibility Guidelines for Grants to Reduce Flood Risk through Removal or Repair of State-Owned Dams:
Dams serve as critical infrastructure to reduce flooding, secure water supplies, and help generate energy, among other important functions. DEC will direct funding for flood risk reduction through the repair, rehabilitation, removal, and modernization of State-owned dams. To the greatest extent practicable, projects should include the installation of fish passage structures to provide aquatic connectivity. Eligible applicants include State agencies and authorities.

Eligibility Guidelines for the Repair and Improvements of Flood Control Projects:
There are more than 100 State-owned, U.S. Army Corps of Engineers (USACE) constructed riverine flood control projects in New York State, consisting of an estimated 95 miles of walls and levees that are more than 50 years old. These projects in upstate New York protect 23,000 structures and an estimated 75,000 people. Many of these riverine flood control projects need repair and improvement to return the projects to their design condition and intended effectiveness. DEC will advance efforts to rehabilitate, repair, or improve priority flood control projects providing the greatest level of flood risk reduction benefits. To allocate funding under these proposed eligibility guidelines, DEC would use the authority granted in provisions of the Bond Act to undertake State-administered projects.

Public comments on these State-owned dam and flood control project draft guidelines will be accepted through Friday, April 26, 2024, at 5 p.m. and can be submitted in writing: by mail to Ken Kosinski, NYS DEC, 625 Broadway, Albany, NY 12223; and by email to [email protected] (Place "Bond Act" in the subject line). Questions can be directed to (518) 402-8110.

Water Quality Improvement Project Grants for Restoration and Flood Risk Reduction through Removal or Repair of Municipal Dams; Enhancing Aquatic Connectivity Through Dam Removal and Culvert Replacement; And Fish and Wildlife Habitat Acquisition, Restoration and Enhancement Projects:
The Water Quality Improvement Project (WQIP) grant program is a competitive, statewide grant program to implement projects that directly improve water quality or aquatic habitat, promote flood risk reduction, restoration, and enhanced flood and climate resiliency, or protect a drinking water source. DEC will use feedback on these eligibility guidelines to modify the existing grant programs for construction and implementation of WQIP projects in the following categories.

Removal or Repair of Municipal Dams
Many aging dams no longer serve a useful purpose and would benefit communities and ecosystems if removed. Streamlined dam removal and improvement processes and funding are required to safeguard public safety and environmental health. This grant program will reduce flood risks and restore environmental connections through the removal, repair, rehabilitation, and modernization of municipal dams.

Aquatic Connectivity
Dam removal and culvert replacement eligible projects include culvert repair, right sizing, and replacement, and dam removal to provide aquatic connectivity, abate floods, reduce erosion, and protect infrastructure. Eligible applicants include municipalities as defined in State Environmental Conservation Law Article 58, including Indian Nations, State agencies, soil and water conservation districts, and not-for-profits, and private owners partnered with other eligible entities. 

Fish and Wildlife Habitat Acquisition, Restoration and Enhancement Projects
New York's fish and wildlife resources have tremendous economic, ecological, recreational, and intrinsic value but are often threatened by habitat loss and/or impairment. This program will provide funding for projects that will, as their primary goal, conserve, protect, restore, and/or enhance important fish and wildlife habitats. Eligible applicants include municipalities as defined in State Environmental Conservation Law Article 58, State agencies, non-profit organizations, Indian Nations, and Soil and Water Conservation Districts.

Public comments on the WQIP project draft guidelines will be accepted until Friday, April 26, 2024, at 5 p.m. and can be submitted in writing: by mail to Stephanie June, NYS DEC, 625 Broadway, Albany, NY 12223; and by email to [email protected] (Place "Bond Act" in the subject line). Questions can be directed to (518) 402-8179.

Disadvantaged Communities
The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). Disadvantaged communities are those identified by the Climate Justice Working Group, pursuant to the Climate Leadership and Community Protection Act. DEC has established a 40 percent goal for the grant programs consistent with this Bond Act requirement and will aim to prioritize 40 percent of grant awards to benefit disadvantaged communities.

The full eligibility guidelines for all criteria are available in today's Environmental Notice Bulletin.

New York's Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022
On Nov. 8, 2022, New Yorkers overwhelmingly approved the $4.2 billion Environmental Bond Act. State agencies, local governments, and partners will be able to access funding to protect water quality, help communities adapt to climate change, improve resiliency, and create green jobs. Bond Act funding will support new and expanded projects across the state to safeguard drinking water sources, reduce pollution, and protect communities and natural resources from climate change.  

Since the Bond Act passed, an inter-agency working group comprised of multiple state agencies has been implementing a transparent and collaborative process to identify needs for environmental funding across the state to help develop program logistics. In the last year, the state announced a $200 million funding investment toward the state's existing Water Infrastructure Improvement and Intermunicipal Grant programs, $100 million available for zero-emission school buses, $100 million available for Clean Green Schools, $13.1 million to support construction of the Adirondack Rail Trail, State-administered forestry projects to plant 25 million trees by 2033, support for the state's successful Climate Smart Communities (CSC) grant program, and funding eligibility for municipal stormwater projects. Find more Bond Act-related information and sign up for progress updates.