Department of Agriculture and Markets Releases Updated Environmental Bond Act Draft Eligibility Guidelines

The New York State Department of Agriculture and Markets (AGM), in collaboration with the New York State Department of Environmental Conservation (DEC), today 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.

State Agriculture Commissioner Richard A. Ball said, “Our farmers are on the front lines of meaningful, sustainable efforts to preserve our natural resources, and certainly, our farmland is one of the most important natural resources we have. As the foundation for our food supply, it’s critical that we continue to protect our land and our rich soils so our farmers can continue to grow our food, strengthen our local food systems, plan for the future, and play an integral part in our fight against climate change. Supplementing our existing work with Bond Act funding will only further support our farmers participating in this program who are pushing this mission forward and working hard to safeguard our precious farmland from development.”

“Investing in projects to protect farmland is an essential component of New York State’s sustained efforts to protect water and soil quality statewide,” DEC Interim Commissioner Sean Mahar said. “The draft guidelines released today for public comment by our partners at the New York State Department of Agriculture and Markets bolster the State’s continued commitment to invest in critical environmental projects that will safeguard water resources, improve air quality, and create economic opportunities, all priorities driven by sustained investments by the Clean Water, Clean Air and Green Jobs Environmental Bond Act.”

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

[email protected]

New York’s Clean Water, Clean Air and Green Jobs Environmental Bond Act of 2022

On November 8, 2022, New Yorkers overwhelmingly approved the $4.2 billion Environmental Bond Act. State agencies, local governments, and partners will be able to access funding to protect water quality, help communities adapt to climate change, improve resiliency, and create green jobs. Bond Act funding will support new and expanded projects across the state to safeguard drinking water sources, reduce pollution, and protect communities and natural resources from climate change.  

The Bond Act requires that disadvantaged communities shall receive no less than 35 percent, with the goal of 40 percent, of the benefit of total Bond Act funds ($4.2 billion). In line with this goal, NYS AGM will aim to deploy at least 40 percent of the funding to the EFLC to benefit disadvantaged communities as part of efforts to achieve the 40 percent overall goal.

Since the Bond Act passed, an inter-agency working group comprised of multiple state agencies has been implementing a transparent and collaborative process to identify needs for environmental funding across the state to help develop program logistics.  The announcement today also demonstrates the ways New York State’s continued commitment can be achieved, by working with local communities to identify and address potential future climate impacts related to storm surges, rising sea levels, and other conditions. The Executive Budget also includes $108 million for climate resiliency initiatives that support coastal resiliency and additional funding for Green Resiliency Grants and continues a record $400 million for Environmental Protection Fund programs that include measures to adapt and mitigate climate impacts. Progress also continues in administering the $4.2 billion Clean Water, Clean Air and Green Jobs Environmental Bond Act, which has allocated approximately $1.25 billion, or 25 percent, of Bond Act funds to date. For more information and to sign up for progress updates, go to the Environmental Bond Act webpage.