Rule Establishing a Green Infrastructure Grant Program

Adopted Rules: Closed to Comments

Effective Date: 
Monday, June 12, 2017
Download Copy of Adopted Rule (.pdf): 

Statement of Basis and Purpose of Rule
In 2012, the Department signed a Consent Order modifying a 2005 New York State Department of Environmental Conservation Consent Order (DEC Case No CO2-20000107-8, as modified) to reduce combined sewer overflows (“CSOs”) and committed to construct and implement green stormwater management practices (also known as “green infrastructure”) that are part of a broader green/grey strategy (i.e., also employing “grey infrastructure,” which includes CSO storage facilities and other engineered projects) to improve water quality in local waterways. Specifically, the Department is required to manage one (1) inch of rainfall on ten percent (10%) of the impervious surfaces within combined sewer areas by 2030 using green infrastructure. The Department established its Office of Green Infrastructure to implement the Green Infrastructure Grant Program (“Program”) and launched the Program in order to partner with stakeholders and community groups in the construction and maintenance of green infrastructure. The Program provides funding to private property owners for the design and construction of qualified green infrastructure practices. Grants under this Program are available to owners of property located within the five (5) boroughs of the City of New York whose property and proposals meet the criteria set forth by the Department.
The Department received a comment from an environmental organization urging that a number of changes be made to the rule, including the deletion of the requirement that the final contract plans be certified by a professional, and other changes which, in the commenter’s view, would hinder the effectiveness of the Program. After due consideration of this comment, the Department has decided to finalize the rule without change.
This rulemaking sets forth the determination by the Commissioner of the Department as to the requirements for eligible projects and grant applicants, the application process, compliance and administration and funding requirements under the Program. The Department is therefore promulgating the following new rule, to be found at 15 RCNY Chapter 48.
The Rule is authorized by Section 1403 of the Charter of the City of New York and Section 24-501 et seq. of the Administrative Code.