Statewide - Eligibility Guidelines for the Repair and Improvements of Flood Control Projects

Public Notice

Eligibility Guidelines for the Repair and Improvements of Flood Control Projects

The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to implement funding under the Clean Water, Clean Air, and Green Jobs Environmental Bond Act of 2022 (Bond Act). To allocate funding under these proposed eligibility guidelines, NYS DEC would use the authority granted in provisions of the Bond Act to undertake State-administered projects.

There are more than 100 State-owned, U.S. Army Corps of Engineers (US ACE)-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. Most of these projects are in upstate New York and do not include US ACE projects on the Atlantic Coastline. These projects protect 23,000 structures and an estimated 75,000 people. Many of these riverine flood control projects are in need of repair and improvement to return the projects to their design condition and intended effectiveness. NYS DEC will advance efforts to rehabilitate, repair, or improve priority flood control projects that provide the greatest level of flood risk reduction benefits.

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). In line with this goal, NYS DEC will aim to ensure at least 40 percent of the Flood Control Projects benefit disadvantaged communities.

The term disadvantaged communities shall mean the same definition approved by the Climate Justice Working Group under the State's Climate Leadership and Community Protection Acthttps://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria.

Eligible projects include:

• projects to repair and/or update aging riverine flood control measures, including but not limited to walls and levees constructed by US ACE and owned and operated by New York State; and
• projects that restore functionality of US ACE and implemented riverine flood control structures.

Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, April 26, 2024, at 5:00 p.m.