Statewide - Eligibility Guidelines for Grants to Reduce Flood Risk through Removal or Repair of State-Owned Dams

Public Notice

Eligibility Guidelines for Grants to Reduce Flood Risk through Removal or Repair of State-Owned Dams

The New York State Department of Environmental Conservation (NYS DEC) developed the following eligibility guidelines to allocate funding to support removal or repair of state-owned dams under the Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Bond Act). NYS DEC will use the feedback received on these draft eligibility guidelines to develop a funding program. Additional eligibility guidelines being developed will include grant opportunities for locally administered initiatives.

Dams often serve as critical infrastructure to attenuate flooding, secure water supplies, and help generate energy, among other important functions. However, New York State has hundreds of high and intermediate hazard classified dams that no longer perform a beneficial function as intended. If they were to fail, could cause significant damage. Engineering experts have determined that a little more than one third of New York State-owned dams, while not posing an imminent risk, do not currently meet the State's rigorous safety standards.

There are 94 "High Hazard" and 76 "Intermediate Hazard" classified dams owned by New York State entities. NYS DEC will direct funding for flood risk reduction through the repair, rehabilitation, removal, and modernization of State-owned dams.

New York may work to use Bond Act funds to leverage Federal Emergency Management Agency Building Resilient Infrastructure and Communities and Hazard Mitigation Grant Program funds for dam removal or rehabilitation.

Eligible projects include:
• Projects to improve dam safety through the removal or repair of State-owned dams
o that provide flood attenuation; and
o have a downstream hazard classification of Class C (High) and Class B (Intermediate).
• Projects that reduce a hazard condition and result in a safe impoundment structure that meets Dam Safety criteria as identified in NYS DEC's Guidelines for Design of Dams: (https://extapps.dec.ny.gov/docs/water_pdf/damguideli.pdf) and other sound engineering principles;
• Listed in the County or State approved Hazard Mitigation Plan; and
• Has an up-to-date Emergency Action Plan (EAP).

To the greatest extent practicable, projects should include the installation of fish passage structures to provide aquatic connectivity.

Eligible applicants include New York State agencies and authorities.

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: https://climate.ny.gov/Resources/Disadvantaged-Communities-Criteria. Consistent with this Bond Act requirement,
NYS DEC will aim to prioritize that 40 percent of awards to benefit disadvantaged communities.

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.