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NY Releases Updated Environmental Bond Act Eligibility Requirements

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The New York State Department of Agriculture and Markets (AGM), in collaboration with the New York State Department of Environmental Conservation (DEC), has released for public comment new proposed eligibility guidelines to allocate funding for farmland protection projects under the historic $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022 (Environmental Bond Act). Feedback from the draft criteria will be used to develop forthcoming grant opportunities to award farmland protection projects through the Farmland Protection Implementation Grants (FPIG) program.

The public is now encouraged to comment on the draft eligibility guidelines, which are available here in the February 27 Environmental Notice Bulletin. The final guidelines will inform the allocation of $150 million of Bond Act resources to FPIG over three years and will accelerate locally led farmland protection project implementation across the state. In addition, the FPIG Program incorporates additional State policy goals such as climate resiliency, source water protection, food security, and access to farmland, consistent with the goals of the Environmental Bond Act.

AGM administers the FPIG Program, which provides financial assistance to counties, municipalities, soil and water conservation districts, and land trusts to enable these entities to implement farmland protection activities consistent with local agricultural and farmland protection plans. To date, the FPIG program has helped preserve more than 124,800 acres of New York farmland through completed conservation easement projects totaling more than $303 million on 419 farms.

Farmland protection grants often fund conservation easements to help the landowner avoid pressures to sell the land for development. These grants can provide financial support that allows farm owners to continue farming or expand their business. According to a survey from the New York Farmland Protection Program, nearly a third of all farms receiving grants were able to expand their farmland to increase operations. The $150 million investment will build on the work of this program, directly support locally-led projects working to keep agricultural land in production, ensure the long-term viability of New York’s farming operations, and strengthen New York’s agricultural industry.

Projects must meet the operation and region-specific eligibility requirements for the category of the project being proposed. These requirements include minimum criteria for the following:

  • the type of farm operation and/or characteristics of the lands to be protected;
  • the size of a proposed project;
  • the percentage (%) of land proposed to be protected by an agricultural conservation easement that must be in active agricultural production; and
  • the percentage (%) of productive soils associated with the project.

In addition to the above operation and region-specific minimum eligibility requirements, all projects must:

  • include a site plan for the project that is fully consistent with AGM guidance regarding land planning for an agricultural conservation easement project;
  • include a completed and signed NYS FPIG Agricultural Environmental Management (AEM) Participation Verification Cover Form for the project;
  • include use of an agricultural conservation easement acceptable to AGM;
  • satisfy the match contribution requirements and associated stipulations as summarized in the FPIG grant opportunity; and
  • include all required content of the online application as published on the Statewide Financial System of New York, and as may be supplemented through the posting of any questions and answers pursuant to the FPIG grant opportunity.

The full eligibility guidelines are available in today’s [Environmental Notice Bulletin].

Public comments on the guidelines are to be submitted in writing to the contact listed below and will be accepted until Friday, March 28, 2025, at 5:00 pm.

David H. Behm

New York State AGM, 10B Airline Drive Albany, NY 12235

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