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

Date Due:: N/A
Responsible Entity:: DEC
Action:: Only finance projects under the Federal Water Pollution Control Act if climate risk has been considered.
Summary:: DEC may provide financial assistance from the Clean Water State Revolving Fund for municipal projects, but only if climate risk has been considered.
Status:: 🚩OVERDUE: The 2020 Final Intended Use Plan: Clean Water State Revolving Fund "Project Score System" does not take climate risk into consideration.
Statute:: CRRA § 3 amends ECL § 17-1909(1)(d)(ii)(e).

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."