Public Comments were received from the Fulton County Soil & Water Conservation District and the New York Farm Bureau.

The Fulton County Soil and Water Conservation District Board of Directors (Fulton County S&WCD Board), in comments dated July 19, 2007, questioned the need for more regulations and additional paperwork, and recommended that the additional funds be distributed to all of the soil and water conservation districts equally. The Board further noted that its district needs more employees and that the proposed regulations do not allow the hiring of additional personnel.

The Department and State Soil and Water Conservation Committee (State Committee) appreciate the Fulton County S&WCD Board's comments. Soil and Water Conservation Districts Law (SWCDL) § 11-a(1)(c) directs that the additional funds be distributed on a competitive basis pursuant to performance standards to be developed by the Department and the State Committee. The statute does not authorize the distribution of the funds equally to all districts as suggested by the Board. Pursuant to SWCDL § 11-a(1)(c) these funds (within amounts available) shall be provided to soil and water districts for the purposes of carrying out projects for the conservation of the soil and water resources of the State, and for the improvement of water quality, control and prevention of soil erosion and the prevention of floodwater and sediment damages, among other purposes. The proposed amendments to 1 NYCRR Part 363 and the repeal of part 4400 of Title 21 NYCRR are consistent with SWCDL § 11-a(1)(c). The additional paperwork to apply for financial assistance will be minimal and can be completed using existing staff.

In a letter dated September 4, 2007, the New York Farm Bureau (Farm Bureau) expressed support for the proposed regulation. Farm Bureau indicates it is a strong supporter of the increased funding for soil and water conservation districts. Farm Bureau encourages the State Committee, in establishing annual priorities for the aid distribution, to focus funds on district efforts implementing voluntary, incentive-based environmental improvement programs on farms. The Department and the State Committee appreciate the Farm Bureau's support for and input in the drafting of the proposed regulations. The proposed regulations, 1 NYCRR Part 363 and the repeal of part 4400 of Title 21 NYCRR, are consistent with SWCDL § 11-a(1)(c). SWCDL § 11-a(1)(c) provides that the additional funds shall be distributed to soil and water conservation districts on a competitive basis based upon performance standards to be established by the Commissioner and the State Committee. SWCDL § 11-a(1)(c) lists four performance standards and describes the types of projects and activities for which the funds may be used. The proposed regulations establish a mechanism whereby the State Committee, within amounts available, annually allocates the funds to the four performance standard categories. The Department and State Committee will take the Farm Bureau's suggestion under advisement as it considers the annual allocation of funds. The proposed regulations provide that the funds shall annually be allocated to the four performance standard categories, distributed to the districts based upon performance within those categories and the funds are to be utilized for projects and activities as described in SWCDL § 11-a(1)(c).