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ENV-20-10-00015-A Regulations for the CWSRF Program Co-Administered by DEC and the NYS Environmental Facilities Corporation (EFC)
1/26/11 N.Y. St. Reg. ENV-20-10-00015-A
NEW YORK STATE REGISTER
VOLUME XXXIII, ISSUE 4
January 26, 2011
RULE MAKING ACTIVITIES
DEPARTMENT OF ENVIRONMENTAL CONSERVATION
NOTICE OF ADOPTION
I.D No. ENV-20-10-00015-A
Filing No. 10
Filing Date. Jan. 07, 2011
Effective Date. Jan. 26, 2011
Regulations for the CWSRF Program Co-Administered by DEC and the NYS Environmental Facilities Corporation (EFC)
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:
Action taken:
Revisions to 6 NYCRR Part 649 in order to incorporate the provisions of the Water Pollution Control Linked Deposit Program Act (Act), under the Clean Water State Revolving Fund (CWSRF).
Statutory authority:
Environmental Conservation Law, sections 3-0301, 15-0313, 17-030117-1909(3); Public Authorities Law, sections 1284(5) and 1285-j(4); State Finance Law, section 243
Subject:
The regulations for the CWSRF program co-administered by DEC and the NYS Environmental Facilities Corporation (EFC).
Purpose:
To set forth rules to implement the statutory provisions of the Water Pollution Control Linked Deposit Act.
Text or summary was published
in the May 19, 2010 issue of the Register, I.D. No. ENV-20-10-00015-P.
Final rule as compared with last published rule:
No changes.
Text of rule and any required statements and analyses may be obtained from:
Robert Simson, New York State Department of Environmental Conservation, Division of Water, 625 Broadway, Albany, NY 12233-3500, (518) 402-8271, email: rjsimson@gw.dec.state.ny.us
Assessment of Public Comment
1. Written comment dated June 29, 2010, was received from Farm Credit East (FCE), 2668 State Route 7, Cobleskill, New York 12043-9707, which expressed support for the proposed amendment to rule 21 NYCRR Part 2602. FCE is a federally chartered Farm Credit institution and has expressed an interest in being a lender under the proposed Water Pollution Control Linked Deposit Act (WPCLDA) and Linked Deposit Program and it stated it would actively facilitate the use of the program in order that eligible borrowers may receive the financial benefit from this program. FCE also stated that the implementation of this program comes at an important time due to the need to implement environmentally related projects and the fact that agricultural market conditions have declined precipitously over the past few years. The FCE did not raise any issues regarding the text of the proposed amendment to rule 6 NYCRR Part 649 and did not request or suggest any significant alternative language to said proposed amendment.
Agency's response: The Agency agrees, no changes made.
2. Written comment dated July 6, 2010 was received from the New York Farm Bureau (NYFB), 159 Wolf Road, Albany, New York P.O. Box 5330, which expressed support for the proposed amendment to rule 21 NYCRR Part 2602. The NYFB stated that it strongly supports the amendments authorizing the expansion of the Clean Water State Revolving Fund (CWSRF) to agricultural projects and urged the implementation of the regulations so that farms can participate in this general program. The NYFB also stated that farmers recognize the importance of clean water and, in many cases, want to do more than they already have to protect our natural resources and that, by allowing farms to participate in the CWSRF, another tool will be provided to ease the burden of implementing new projects and to help farms further protect water quality. The NYFB stated that the draft regulations appear to implement the WPCLDA in an appropriate manner and did not request or suggest any significant alternative language to the text of the proposed amendment to rule 6 NYCRR Part 649.
Agency's response: the Agency agrees, no changes made.
