Only finance projects under the Federal Water Pollution Control Act if climate risk has been considered.

The 2022 Final Intended Use Plan for the Clean Water State Revolving Fund requires that project engineering reports conform with the Engineering Report Outline for New York State Wastewater Infrastructure Projects, which itself requires that reports describe how they will resolve problems pertaining to "[s]torm and flood resiliency (sea-level rise, storm surge, potential for flooding impacts, or other extreme weather event)." The Engineering Report Outline also requires that reports be developed in accordance with the New York State Flood Risk Management Guidance for Implementation of the Community Risk and Resiliency Act

Statutory Language: 

CRRA § 3: “Item (e) of subparagraph (ii) of paragraph d of subdivision 1 of section 17-1909 of the environmental conservation law, as added by chapter 565 of the laws of 1989, is amended to read as follows:

e) conforms with applicable rules and regulations of the  department, including  a  demonstration that design and construction consider future physical climate risk due to sea level rise, and/or storm surges  and/or flooding,  based  on  available data predicting the likelihood of future extreme weather events, including hazard risk analysis data if  applicable."