RFA_BOA_2026 _FINAL.docx
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- Attached to
- 2026-2027 Brownfield Opportunity Area Program
- Solicitation number
- 2135693
- Issued by
- New York
About this file
This Request for Applications (RFA) is issued by the New York State Department of State, Office of Planning, Development and Community Infrastructure, seeking applications for the Brownfield Opportunity Area (BOA) Program for the 2026-2027 funding cycle. Applications are due by 4:00 PM on July 31, 2026, and must be submitted through the web-based Consolidated Funding Application portal at http://regionalcouncils.ny.gov/. The program solicits eligible municipalities, community-based not-for-profit organizations, and New York City Community Boards to submit applications for one of four eligible activities: Pre-Planning (area-wide brownfield identification and preliminary analysis), Planning (development or update of a BOA Plan culminating in state designation), Predevelopment Activities (within a state-designated BOA), or Phase II Environmental Site Assessments (within a state-designated BOA). Written questions regarding the RFA are accepted until June 19, 2026, with responses posted by July 10, 2026. The RFA was released on June 1, 2026. Regional workshops and webinars are available at http://regionalcouncils.ny.gov/, and recorded webinars are posted on the DOS website. The contract period shall not exceed five years from the start date, with the earliest start date of April 1, 2026, and no extensions are anticipated except in cases of extreme extenuating circumstances.
The Department of State is making approximately $2,000,000 available for this funding opportunity. State assistance awarded shall not exceed 90 percent of total eligible project costs, with applicants required to provide a 10 percent local match from eligible sources. The minimum state assistance request per application is $100,000, with maximum requests of $300,000 for Pre-Planning, Planning, and Phase II Environmental Site Assessment activities, and $400,000 for Predevelopment Activities. Eligible costs include personal services (salaries, wages, and fringe benefits), non-personal services (consultant/contractual services, supplies, materials, travel), project management, and grant administration (capped at 15 percent of award or $50,000, whichever is less). Ineligible costs include indirect overhead, elected officials' salaries, taxes, insurance, loan interest, and contingencies. Applications are evaluated on a 100-point scale, comprising 80 points for program criteria (brownfield opportunity, economic distress indicators, local capacity and partnerships, public and stakeholder support, economic value, environmental value, public value, scope of work, and budget evaluation) and 20 points for Regional Economic Development Council endorsement. Awards are made in rank order until available funds are distributed, with DOS reserving the right to make partial awards, offer no funding, or reject any application. Successful applicants must comply with Minority and Women-Owned Business Enterprise (MWBE) participation goals of 30 percent, Service-Disabled Veteran-Owned Business (SDVOB) goals of 6 percent, equal employment opportunity requirements, and all procurement and record-retention requirements outlined in the RFA.
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Environmental Protection Fund Brownfield Opportunity Area 2026-2027 RFA #26-BOA-19
RFA #26-BOA-19
New York State Department of State Office of Planning, Development and Community Infrastructure
BROWNFIELD OPPORTUNITY AREA PROGRAM
Request for Applications 2026-2027
RFA Release Date: This Request for Applications (RFA) and additional grant resources have been posted on June 1, 2026 to the Department of State’s website at https://dos.ny.gov/funding-bid-opportunities. All applicants are encouraged to review the RFA in its entirety as grant program requirements may change from year to year.
RFA Updates/Questions: Any updates and/or modifications to this RFA will be posted on the DOS website at https://dos.ny.gov/funding-bid-opportunities.
Written questions will be accepted until June 19, 2026. Questions regarding this grant opportunity should be submitted by e-mail to BOA@dos.ny.gov or in writing to the address below. When corresponding by e-mail, clearly indicate the subject as: “26-BOA-19 RFA Questions”. To the degree possible, each inquiry should cite the RFA section and paragraph to which it refers. Responses to questions received by June 19, 2026 will be posted by July 10, 2026 on the DOS website at: https://dos.ny.gov/funding-bid-opportunities. No responses will be provided to inquiries made by telephone, social media, or by contacting DOS staff directly via email or telephone.
It is recommended all applicants review the final responses. All responses to questions received will be incorporated into this Request for Applications as the official response by DOS.
Workshops & Webinars: A schedule of regional workshops and webinars which provide an overview of the application process and program requirements are available at: http://regionalcouncils.ny.gov/. Recorded webinars are posted on the DOS Funding & Bid Opportunities website.
Applications Due: Applications are due by 4:00 PM, July 31, 2026 and must be submitted through the web-based Consolidated Funding Application, as noted below.
Application Submission: To apply, or to access related Consolidated Funding Application materials, go to http://regionalcouncils.ny.gov/.
Contact: NYS Department of State Office of Planning, Development & Community Infrastructure Attn: BOA RFA Questions 99 Washington Avenue, Suite 1010 Albany, NY 12231-0001 BOA@dos.ny.gov
Letters of Support: Letters of support are encouraged but not required and may be submitted through the CFA portal. Letters may be addressed to NYS Secretary of State, c/o Office of Planning, Development and Community Infrastructure, 99 Washington Avenue, Suite 1010, Albany, NY 12231-0001.
I. INTRODUCTION
The Department of State is soliciting applications through the New York State Consolidated Funding Application (CFA) from eligible municipalities, community-based not-for-profit organizations, and NYC Community Boards for Brownfield Opportunity Area Program funding. Funds are available for projects that establish or implement strategies for community redevelopment of areas affected by historical disinvestment, vacant and blighted properties, and the presence or potential presence of brownfields. Multiple BOA program applications are permitted, but each application must be for only one of the following grant activities:
(1) Pre-Planning: Area-wide site identification, inventory, and preliminary analysis of land use of affected areas within a county or other large geographical area to determine the presence of brownfield, vacant, underutilized and/or abandoned properties; and to further assess localized concentrations of known or suspected brownfields and other underutilized lands that may be candidates for future in-depth BOA planning and predevelopment activities. A Pre-Planning grant will not culminate in a BOA Designation.
(2) Planning: Development or update of Brownfield Opportunity Area (BOA) Plan, which is a plan for a neighborhood or area affected by historical disinvestment or the presence of known or suspected brownfields that will culminate in a nomination for State BOA Designation.
(3) Predevelopment Activities: Activities to complete analyses, plans and studies, or professional services to advance redevelopment within a State-Designated BOA.
(4) Phase II Environmental Site Assessments (SA) Site environmental investigation activities including sampling and chemical testing within a State-Designated BOA, which will be detailed in a Phase II ESA report.
Brownfield sites are real properties where a contaminant is present at levels exceeding the soil cleanup objectives or where levels exceed other health-based or environmental standards, criteria, guidance adopted by New York State Department of Environmental Conservation that are applicable based on the reasonably anticipated use of the property, under applicable regulations (Environmental Conservation Law, Article 27, Title 14, § 27-1405; N.Y. Comp. Codes R. & Regs., Title 6, § 375-1.2). The presence of, or potential presence of, contamination of real property can impede investment and redevelopment, making such property an economic and environmental drain on localities. Through the New York State Department of State Brownfield Opportunity Area (BOA) Program, the community’s capacity is enhanced to strategize for the reuse and redevelopment of brownfields, achieve economic development and improved public health objectives. BOA helps transform areas of historical disinvestment into community assets that create businesses, jobs, and revenues for local economies and encourage new housing and public amenities.
The BOA program focuses on neighborhood-wide planning strategies for brownfield assessment and redevelopment, rather than the traditional site-by-site assessment and redevelopment of known or suspected brownfields and other vacant or abandoned properties. This approach enables communities to comprehensively assess existing economic and environmental conditions associated with brownfield-related blight and impacted areas; identify and prioritize community supported redevelopment opportunities; and attract public and private investment. The types of areas where program resources are being applied include industrial/manufacturing zones, commercial corridors, mixed-use neighborhoods, downtowns and waterfronts.
Through the BOA Program, communities are empowered to:
· Address a range of problems posed by the presence of, or potential presence of multiple brownfield sites;
· Build community consensus on the future uses for the area with an emphasis on strategic sites that are known or suspected brownfields;
· Establish sustainable goals and objectives for area-wide revitalization and redevelopment of strategic sites;
· Implement existing and future Smart Growth plans through the identification and reuse of blighted, underutilized and potential brownfield properties;
· Strengthen and direct development towards existing neighborhoods and preserve open space;
· Make re-development decisions that are equitable and will create an environment that adapts to ecological disturbances;
· Identify and establish the multi-agency and private-sector partnerships necessary to leverage assistance and investments to revitalize downtowns, neighborhoods, and communities;
· Reduce carbon emissions and increase climate resiliency in the built environment;
· Promote the redevelopment of brownfield parcels as clean energy facilities;
· Address environmental justice concerns and promote environmental equity in areas that may be burdened by negative environmental consequences; and
· Engage in activities to implement the community’s vision after BOA designation by DOS.
The strategies and concepts above are closely aligned with the Department of State’s Smart Growth Principles. The principles emphasize mixed use neighborhoods; diverse housing types; infill and reuse of existing buildings; well-planned and equitable public spaces; compact development around existing infrastructure; pedestrian, bicycle, and public transit infrastructure; climate resiliency and adaptation; cultivation of an attractive and welcoming sense of place; and an inclusive and collaborative public planning process. Incorporating these core principles into BOA projects will result in initiatives that address the historic contamination in the area and establish a path for a more equitable and sustainable future.
It is expected that BOA Plans developed locally through this program will be submitted as a nomination to the Secretary of State in support of a request for BOA designation. BOA designation conveys certain benefits to an area that promotes redevelopment consistent with the vision, goals and objectives outlined and reported in the BOA Plan. Applications for predevelopment activities and environmental site assessments are expected to implement the vision, goals, and objectives of the State-Designated BOA.
The BOA Program is a reimbursement program. State assistance awarded and paid through the BOA Program shall not exceed 90% of the total eligible project costs set forth in the application and approved by DOS. Upon execution of a state assistance contract, BOA Program grantees may request an advance payment of up to 25% of the total grant. Such advance payment requests are subject to DOS’s approval and the availability of funds.
II. FUNDING OPPORTUNITY
The Department of State is making approximately $2,000,000 available to fund applications for eligible activities under the BOA Program. State assistance awarded and paid to a grant recipient shall not exceed 90% of the total eligible costs set forth in the application and as approved by DOS.
The minimum State assistance request for each grant award is $100,000. The maximum State assistance request for each BOA Predevelopment activities grant award is $400,000. The maximum State assistance request for each BOA Pre-planning, BOA Planning, and Phase II Environmental Site Assessments (SA) grant award is $300,000.
In addition, projects must document the amount and source of secured match funds in the application. Applicants who propose an ineligible match source or insufficient match will be contacted to verify if they have additional match from eligible sources. Applicants who do not have another source of eligible match equaling 10% of the project costs will have their award reduced, up to and including reduced to $0, based on the amount of eligible match available.
III. ELIGIBLE APPLICANTS
Eligible applicants are municipalities, community-based organizations, and New York City Community Boards, as defined below:
Municipality – A municipality is defined as a city, village, town, county, regional planning council (on behalf of a city, village, town or county that is a party to a collaborative agreement in accordance with General Municipal Law, Article 12-B, Section 239-h), local public authority, public benefit corporation, school district, special improvement district, supervisory district, district corporation, or Indian nation or tribe recognized by New York State or the United States with a reservation wholly or partially within the boundaries of New York State.
Community Based Organization - A community-based organization must be a not-for-profit corporation under Section 501(c)(3) of the Internal Revenue Code at the time of application. In addition, its stated mission must be to promote reuse of known or suspected brownfield sites or community revitalization within the geographic area in which the community-based organization is located; it must have 25 percent or more of its board of directors residing in the community in such area; and it must represent a community with a demonstrated financial need. Community based organization shall not include any not-for-profit corporation that has caused or contributed to the release or threatened release of a contaminant from or onto the brownfield site, or any not-for-profit corporation that generated, transported, or disposed of, or that arranged for, or caused, the generation, transportation, or disposal of contamination from or onto the brownfield site. This definition shall not apply if more than 25 percent of the members, officers or directors of the not-for-profit corporation are or were employed or receiving compensation from any person responsible for a site under title 13 or title 14 of article 27 of the Environmental Conservation Law, article 12 of the Navigation Law or under applicable principles of statutory or common law liability.
Community Board – A Community Board is unique to New York City and is defined and described in Section 2800 of the New York City Charter.
Only applications from eligible applicants will be evaluated for funding. For applications submitted by a regional planning council (RPC) with the written consent and acting on behalf of one or more eligible counties, cities, towns, or villages, the RPC is required to attach a letter or resolution from each eligible county, city, town, and village participating in the project which demonstrates their consent and support for the RPC to submit a BOA grant application on their behalf.
If multiple applications for the same project are received by and on behalf of an eligible applicant, the applications will not be evaluated. The eligible village, town, city or county must decide prior to grant application whether to advance their own application or the RPC application. The Department of State shall have the sole discretion of determining if a proposed project is the same for multiple applications.
Two or more eligible applicants are encouraged to work in partnership to jointly apply for funding for a project that would improve an area of mutual interest or concern. Joint applicants should identify the municipality, community-based organization, or community board that DOS will recognize as the primary applicant for all purposes, including contract award.
IV. ELIGIBLE ACTIVITIES
Four types of activities are eligible for BOA funding:
· Pre-Planning: Area-wide Brownfield Identification and Preliminary Analysis
· Planning: Development or Update of a BOA Plan
· Predevelopment Activities within a State-Designated BOA
· Phase II Environmental Site Assessments within a State-Designated BOA
An application for funding should only include one activity. Eligible applicants wishing to apply for more than one grant activity should submit a separate application for each.
(1) Pre-Planning: Area-wide Brownfield Identification and Preliminary Analysis
Pre-Planning is the identification, inventory, and preliminary analysis of known or suspected brownfields, including vacant, abandoned and underutilized property, within a county, borough, or other multi-jurisdictional area to identify concentrations of these properties for future specific localized planning efforts. The analysis shall culminate in a description and justification of an area or areas for future BOA planning, a basic description of current land use and zoning; identifying the proximity of potential brownfield sites to infrastructure assets; an assessment of existing and ongoing planning efforts; descriptions of existing known or suspected brownfield sites and other underutilized properties, a description of the area’s potential for revitalization including the potential for clean energy siting, and, as applicable, a set of action steps that can be taken to advance future BOA planning efforts.
Outcomes of a pre-planning activity will include a multi-jurisdictional inventory, including relevant mapping and preliminary analysis of identified known or suspected brownfield and other underutilized property, and the identification of smaller areas, demonstrating a concentration of underutilization, within the study area that are recommended for future BOA planning and designation by the State. The pre-planning activity will enable a county or multi-jurisdictional area to better understand development conditions surrounding potential brownfield clusters and integrate existing and ongoing planning efforts into the BOA program.
Pre-Planning Inventory and Analysis is intended for counties or multi-jurisdictional areas that have minimal information on the number and extent of potential brownfield sites, and related site underutilization that may have a significant adverse impact on the communities within the area studied. Pre-Planning will enable counties and cooperating local municipalities or a multi-jurisdictional area to conceive a holistic approach for long-term economic development and revitalization across boundaries.
(2) Planning: Development or Update of a BOA Plan
A BOA Plan is a study that consists of a community vision, goals, and strategies for revitalization of an area affected by a concentration of known or suspected brownfields. Development of a full BOA Plan provides an in-depth and thorough description and analysis, including an economic and market trends analysis, of existing conditions, opportunities, and re-use potential for properties located in the proposed Brownfield Opportunity Area with an emphasis on the identification and reuse potential of strategic known or suspected brownfield sites that may be catalysts for revitalization. An integral part of a BOA Plan is a description of key findings and recommendations to promote area-wide revitalization and redevelopment of strategic sites, including specific projects, initiatives, regulations, and potential for siting of clean energy projects and other actions. BOA Plans may also include, as appropriate, the detailed review and recommendations to advance redevelopment of strategic sites such as conceptual site design, cost estimation, artist renderings, development of pro forma, and marketing strategies.
Achieving revitalization goals requires broad community support, strong partnerships, and sufficient local and regional capacity to overcome obstacles. Therefore, the preparation of a BOA Plan is expected to include robust community and stakeholder engagement as well as specific actions to develop partnerships and build the local capacity necessary to realize implementation of the plan.
Applicants may apply for funding to prepare or complete a BOA Plan or update an existing (designated or non-designated) BOA Plan to include all elements necessary to support a request for designation of the BOA by the Secretary of State and must commit to making such a request when the BOA Plan is deemed complete by DOS.
Applicants who have completed a BOA Plan (also called a Nomination or BOA Nomination), that has or has not culminated in BOA Designation, may submit for a plan update. Justification of the need for an update is required and may include an outdated designated BOA Plan; a need to reconsider the BOA boundary; changes in economic or market conditions, changes in status of strategic sites; or barriers to implementation. Updates of BOA plans should revisit all areas of the plan, updating them to reflect the community’s vision as well as current conditions and opportunities within the BOA area.
BOA Plan elements required for designation of a BOA can be found in the BOA Designation Guidance, which is available on DOS’s website at https://dos.ny.gov/system/files/documents/2020/09/boa-designation-guidance-fact-sheet.pdf.
A generic BOA work plan which describes the tasks necessary to develop a BOA Plan is also available at https://dos.ny.gov/funding-bid-opportunities.
(3) Predevelopment Activities within a State-Designated BOA
Applicants may apply for funding for predevelopment activities within a BOA that has been designated by the Secretary of State. Applicants may apply for a BOA plan update to a designated BOA in conjunction with predevelopment activities. Plan components to be updated shall be substantive, and without such update, the proposed predevelopment activities identified could not proceed, given the existing BOA content or boundaries.
Applicants with a pending application for designation submitted to DOS prior to June 1, 2026, are also eligible to apply, however funding may only be awarded if the designation is made by the Secretary of State by October 1, 2026. A list of currently State-designated BOAs is available on DOS’s website: https://dos.ny.gov/brownfield-redevelopment.
These activities should advance the goals and priorities for revitalization and redevelopment of the area as expressed in the BOA Plan completed for the State-designated BOA.
Eligible predevelopment activities may include:
Analyses, plans, and studies that are undertaken leading to the furtherment of catalytic redevelopment or area improvement within the State-designated BOA, including:
· Development of design, engineering, and/or construction plans and specifications
· Environmental analyses and studies
· including, but not limited to, the preparation of a NYDEC Brownfield Cleanup Program (BCP) application for publicly-owned sites not including Phase II environmental assessments (unless applied for in a separate BOA application for Phase II ESA’s), or any documentation or work not required for the application such as Community Participation Plans, Remedial Investigation Work Plans, Remedial Investigations and Reports and Remedial Action Work Plans.
· Housing and economic studies, analyses, and reports
· Building conditions studies
· Infrastructure analyses
· Renewable and clean energy feasibility studies
Professional Services to Advance Redevelopment consistent with the BOA Plan within the State-designated BOA, including:
· Development and implementation of marketing strategies
· Zoning and regulatory updates
· Legal and financial services
· Real estate services
· Public outreach
· Design Development, plans, specs and estimates
At the Department of State’s discretion, applications for predevelopment activities that include the update of a designated BOA plan, must conduct the plan update and redesignate the BOA, prior to completing predevelopment activities.
A list of sample predevelopment activity projects is available on DOS’s website for reference: https://dos.ny.gov/brownfield-redevelopment.
Analysis of opportunities to site a clean energy facility, such as solar, wind, or energy storage on underutilized, vacant, or abandoned parcels of land is encouraged by DOS.
The Department of State also encourages analyses, plans and studies, or professional services to advance redevelopment which include design that incorporates Americans with Disabilities Act (ADA) standards and other creative solutions which go beyond minimum ADA standards to maximize accessibility, make public spaces and facilities universally designed for persons of differing abilities, and allow all visitors equal access. For example, inclusion of ADA accessible streetscapes, parks, and site furnishings such as seating and tables that accommodate wheelchair users, age-friendly features, amenities appropriate to the varied capabilities of all users including individuals with cognitive, communicative, social/emotional and sensory disabilities, and multi-lingual or pictorial wayfinding.
(4) Phase II Environmental Site Assessments within a State-Designated BOA
The purpose of a Phase II Environmental Site Assessment (SA) is to gather reliable information about a property’s environmental condition to guide the grantee in making an informed land use decision under the BOA Program. The ASTM standard for Phase II Environmental Site Assessments does not include the level of technical specificity required to select and design a remedy for the property, but it does provide flexibility in determining the necessary level of assessment needed and is appropriate for the land use planning stage of the redevelopment process.
Applicants may apply for SA funding within a State-designated BOA. Applicants with a pending application for designation submitted to DOS prior to June 1, 2026, are also eligible to apply, however funding may only be awarded if the designation is made by the Secretary of State by October 1, 2026. A list of State-designated BOAs is available on DOS’s website: https://dos.ny.gov/brownfield-redevelopment.
For purposes of a SA, a site is defined around one or more areas of environmental concern and may include more than one contiguous tax parcel. The site must have definitive and identifiable boundaries. Each site for which SA funding is being sought must meet the criteria and conditions set forth herein. The completion of an environmental site assessment must advance the goals and priorities for the revitalization and redevelopment of the BOA area. Phase II Environmental Site Assessments must meet all criteria contained in the Phase II Application for Site Assessment Supplement and meet the following conditions.
To be eligible for a Phase II Environmental Site Assessment through the BOA Program, a site:
· Cannot be on the Federal National Priority List.
· Cannot be listed as Class 1 or 2 (See Hazardous Waste Site Classification) in the Registry of Inactive Hazardous Waste Disposal Sites where a viable responsible party has been identified.
· Cannot be a Site listed on the USEPA National Priorities List (NPL).
· Cannot be a hazardous waste treatment, storage, or disposal facility (TSDF's) permitted under the Resource Conservation and Recovery Act (RCRA) that are owned by a viable responsible party ("interim status" facilities are eligible).
· Cannot be a permitted Resource Conservation and Recovery Act site under ECL Article 27, Title 9.
· Interim status sites, however, are eligible.
· Cannot be subject to an order for cleanup under Article 12 of the Navigation Law (oil spill prevention, control, and compensation) or Title 10 of Article 17 (control of the bulk storage of petroleum) of the Environmental Conservation Law. If the property is subject to a stipulation agreement, relevant information should be provided; however, property will not be deemed ineligible solely on the basis of the stipulation agreement.
· Cannot be subject to any ongoing enforcement actions under a State or Federal remedial program.
· Must be owned by either a volunteer or a municipality, as defined below:
· volunteer (as defined in section 27-1405 of the Environmental Conservation Law): an applicant other than a participant, including without limitation a person whose liability arises solely as a result of such person`s ownership or operation of or involvement with the site subsequent to the disposal or discharge of contaminants, provided however, such person exercises appropriate care with respect to contamination found at the facility by taking reasonable steps to:
(i) stop any continuing release.
(ii) prevent any threatened future release; and,
(iii) prevent or limit human, environmental, or natural resource exposure to any previously released contamination.
· municipality (as defined in section 970-r of the General Municipal Law and in subdivision fifteen of section 56-0101 of the Environmental Conservation Law): a local public authority or public benefit corporation, a county, city, town, village, school district, supervisory district, district corporation, improvement district within a county, city, town or village, or tribal nation recognized by the state or the United States with a reservation wholly or partly within the boundaries of New York State, or any combination thereof.
· Must be accessible to the applicant in order to perform the site assessment.
· Must be located within a State designated BOA.
· Must have been determined a “potential or suspected brownfield site” by DOS during the BOA planning process. The BOA planning process has identified that a certain site may be a “Brownfield site" or "site" and further Phase II Environmental Site Assessment analysis is warranted to determine if a contaminant is present at levels exceeding the soil cleanup objectives or other health-based or environmental standards, criteria or guidance adopted by the New York State Department of Environmental Conservation.
· Must require additional environmental information to determine technically and economically viable land uses for the BOA.
· May be contaminated as a result of an on-site or off-site source.
In determining site eligibility, the State will not consider the following:
· contamination of structures located at the site, due to stored materials, electrical appurtenances, lead paint, or asbestos, etc.
Costs associated with the assessment of asbestos or lead paint inside a structure may be eligible if this information is required to determine technically and economically viable land uses for the BOA. However, if the scope of the site assessment is almost exclusively the assessment of indoor asbestos or lead paint, the proposed site assessment will not be eligible. In addition, no other costs associated with the assessment of indoor conditions (e.g., soil vapor) are eligible.
Department of State guidance on Phase II Environmental Site Assessments is found in the BOA Site Assessment Supplement Package, which is available at https://dos.ny.gov/funding-bid-opportunities.
SA applications will be evaluated on a pass/fail basis for eligibility. The applications that pass for eligibility are then evaluated per the scoring criteria outlined in Application Evaluation Criteria below.
Site eligibility for a SA funded through the BOA Program does not guarantee site eligibility in the New York State Brownfield Cleanup Program administered by the Department of Environmental Conservation (DEC).
V. FUNDING AND BUDGET GUIDANCE
The Brownfield Opportunity Areas program is reimbursement-based. State assistance awarded and paid through the BOA program shall not exceed 90% of the total eligible project costs set forth in the application and approved by DOS. An eligible applicant receiving a grant award must demonstrate the ability to cover the remaining 10% of the project costs, and those costs must be eligible and essential to project completion.
Applicants are required to provide a detailed budget justification for their funding request. When estimating the total eligible project cost, applicants should calculate the cost to complete each task included in the project scope of work, which may include costs associated with project management and grant administration. As a reference, DOS generic work plans describing tasks necessary to prepare a Pre-Planning analysis, a BOA Plan, BOA Predevelopment activities, or Phase II Environmental Site Assessments are available at: https://dos.ny.gov/funding-bid-opportunities. The budget may only include eligible costs described below, which directly support the project scope of work.
Applicants are encouraged to obtain multiple project quotes from consultants with relevant professional experience and background to inform the budget. Applicants are required to demonstrate that projects are ready to move forward. Applicants will be required to prepare and submit a project work schedule and timeline that includes major tasks and milestones with completion dates for each.
Eligible Costs
Costs must be adequately justified, directly support the scope of work of the proposed project and be essential to project completion. All costs will be paid on a reimbursement basis and must be documented to the satisfaction of DOS. Eligible costs include the following:
Personal Services – including direct salaries, wages, and fringe benefits of employees of the applicant for activities in direct relation to or in support of project work, including project management and grant administration. Fringe benefits must be outlined in the application and include the organization’s documented rate. DOS reserves the right to review, and at its sole discretion exclude, any items which are not consistent with fringe benefits which are included in the organization’s fringe rate.
Non-Personal Services –including consultant/contractual services for direct project related costs, project management, grant administration, project-related supplies and materials, necessary travel, and other goods and services required to complete the project.
Project management activities may include, but are not limited to, oversight and coordination of tasks needed to produce contractual deliverables, coordination of steering committee activities, consultant procurement and oversight, public outreach, technical assistance, and developing or providing local and/or regional capacity to advance revitalization goals.
Grant administration activities may include, but is not limited to, activities undertaken to comply with grant budgeting, recordkeeping and reporting requirements, such as preparation and submission of payment vouchers and other documents required under the grant. Grant administration may not exceed 15% of the award amount or $50,000, whichever is less.
Subcontracts for consultant/contractual services should be competitively procured based on the applicable provisions of New York State General Municipal Law or the specified provisions adopted within the bylaws or charter of the non-profit organization, and additional requirements as described in this RFA.
Determining Total Project Cost and State Funding Request
When estimating the total project cost, the applicant should clearly identify the cost to complete each task included in the project scope of work. This may include costs associated with project management and grant administration. All costs documented as part of the ‘total project cost’ must be eligible costs.
As a reference, DOS generic work plans describing tasks necessary to prepare a Pre-Planning analysis, a BOA Plan, BOA Predevelopment activities or Phase II Environmental Site Assessments are available at: https://dos.ny.gov/funding-bid-opportunities. The budget may only include eligible costs as described within this RFA, which directly support the project scope of work.
To calculate the Total Project Cost:
Multiply the total project cost times the % State funding (0.90) = State Funds Requested
As an example, if the total project cost is $200,000 to complete all tasks in the project scope of work, the State Funds Requested would be $180,000.
Ex: $200,000 * 0.90 = $180,000
Applications requesting under $100,000 in BOA grant funding will be disqualified and will not be scored.
Ineligible Costs
Ineligible costs include the following:
· Indirect or overhead costs of the applicant or municipality such as rent, telephone service, administrative support not directly related to project work, computers, office equipment, general office supplies, general operations costs, membership fees, subscription costs.
· Salaries and other expenses of elected officials.
· Local match (10% of Total Project Costs) funded with other Environmental Protection Funding (including but not limited to WQIP, BOA, Smart Growth, LWRP, OPRHP EPF).
· Taxes, insurance, fines, deficit funding.
· Loan and bond interest and associated fees. The interest associated with a Loan, Bond, or Bond Anticipation Note (BAN) cannot be calculated into project cost, whether for reimbursement or local match.
· Expenses associated with contingencies, fundraising and/or lobbying.
· Costs incurred outside the contract term.
· Costs that are not adequately justified or that do not directly support the scope of work for the proposed project.
Failure to adequately justify direct project costs will render costs ineligible. Ineligible costs will be eliminated from the total project costs in the grant application.
VI. PRE-SUBMISSION REQUIREMENTS
All applicants must submit a resolution adopted by the applicant’s governing authority that authorizes submission of the application and identifies the title of the applicant’s authorized representative. A standard resolution template is available on DOS’s website at the following address: https://dos.ny.gov/funding-bid-opportunities.
For applications submitted by a regional planning council, the council is required to attach the resolution which is required under General Municipal Law, Article 12-B, Section 239-h, creating the council and which demonstrates membership of each eligible county, city, town, and village participating in the project.
Requirements for applications by Community-based organization applicants
· Community-based organizations shall submit a resolution adopted by the board of directors.
· Applications from community-based organizations requesting funding to develop or update a BOA Plan must include a resolution of support from the city, town or village with planning and land use authority over the proposed BOA. However, in New York City, the resolution of support must be from the community board or boards for the district or districts in which the proposed BOA is located.
· All community-based organizations shall submit the Brownfield Opportunity Area Program: Community Based Organization Affirmation (2024) stating that such community-based organization does not include any not-for-profit corporation that has caused or contributed to the release or threatened release of a contaminant from or onto the brownfield site, or any not-for-profit corporation that generated, transported, or disposed of, or that arranged for, or caused, the generation, transportation, or disposal of contamination from or onto the brownfield site or that no more than twenty-five percent of the members, officers or directors of the not-for-profit corporation are or were employed or receiving compensation from any person responsible for a site under title thirteen or title fourteen of article twenty-seven of the environmental conservation law, article twelve of the navigation law or under applicable principles of statutory or common law liability. CBO affirmation available here: https://dos.ny.gov/funding-bid-opportunities
· Community-based organizations must also register and be pre-qualified through the New York Statewide Financial System (SFS) on or before the application due date. Such applicants will be required to submit documentation of registration and pre-qualification with SFS, to include: (1) SFS Vendor ID; and (2) confirmation of Pre-Qualification Application Status. Information on this process is available at: https://www.sfs.ny.gov/index.php/vendors.
Any applicant requesting funding for Phase II Environmental Site Assessments within a State-Designated BOA must submit a Site Assessment Supplement form, completed in its entirety, and related attachments for each site for which funding is being requested. Substantially incomplete Site Assessment Forms will not be accepted. Site Assessment Forms can be found here: https://dos.ny.gov/funding-bid-opportunities
Other Requirements
Executive Order No. 16
Non-municipal applicants are required to complete and submit the Certification under Executive Order No. 16 Prohibiting State Agencies and Authorities from Contracting with Businesses Conducting Business in Russia. The certification may be found here: https://dos.ny.gov/procurement-forms. Completed Certification forms should be submitted no later than 4:00 pm on October 1, 2026, via email to BOA@dos.ny.gov. The applicant’s name and CFA# should be included in the subject line.
Gender-Based Violence and the Workplace Policy
Applicants are required to complete and submit the Gender-Based Violence and the Workplace Certification to certify that their organization has in place and has implemented a Gender-Based Violence and the Workplace Policy and has provided such policy to all of its employees, directors and board members. The certification may be found here: https://dos.ny.gov/procurement-forms. Such policy shall, at a minimum, meet the requirements of subdivision 11 of section five hundred seventy-five of the executive law. If the bidder cannot make this certification, they must include a signed statement setting forth in detail the reasons therefor.
VII. AWARD METHOD
The Department of State is making approximately $2,000,000 available for award under this procurement. Each application will be reviewed for eligibility and, if determined eligible, will be scored according to the application evaluation criteria. Applications deemed ineligible will not be scored. Eligible applications will be scored, and funds will be awarded in rank order until available funds are fully distributed.
A total score of 100 points is possible for any application, of which 80 points is derived from program criteria and 20 points from the Regional Economic Development Council (REDC) endorsement. REDC points are based on regional economic priorities and are assigned by the REDCs.
DOS may make an award in whole or in part and may offer partial funding if a particular component is ineligible or not ready to move forward or the budget requested is not adequately supported and justified. DOS may offer partial funding to an applicant if its application cannot be fully funded within the funds remaining; if the applicant declines the partial funding, funding may be awarded to the next highest-scoring unfunded application. If an awardee fails to satisfactorily negotiate a proper contract within a reasonable amount of time, that funding may be awarded to the next highest-scoring unfunded application.
In the event that another NYS agency fully funds a high scoring project through the CFA process, the awardee will receive funding from only one state agency. DOS will work with other NYS agencies to ensure that duplication of funding does not occur. If an applicant receives full funding from another agency, DOS reserves the right to award full or partial funding to the next highest scoring unfunded application.
The opportunity to be debriefed will be provided, upon request, to unsuccessful applicants. Requests must be made in writing within 15 calendar days of notification of status of award. Debriefings are expected to be conducted within 15 calendar days of the written request.
In the event unsuccessful applicants wish to protest the award resulting from this RFA, the applicants should follow the protest procedures established by the Office of the State Comptroller (OSC). These procedures can be found in Chapter XI Section 17 of the Guide to Financial Operations (GFO), available on-line at: http://www.osc.state.ny.us/agencies/guide/MyWebHelp/.
VIII. APPLICATION EVALUATION CRITERIA
Applications will be reviewed according to the specific criteria presented below.
Minimum Criteria (pass/fail) All applications must meet the following criteria:
· Applicant meets minimum state assistance request per RFA Section II. Funding Opportunity.
· Applicant is an eligible applicant per RFA Section III. Eligible Applicants.
Additionally, community-based organizations must meet all of the following criteria:
· Be pre-qualified through the New York Statewide Financial System (SFS) on or before the application due date.
· Be incorporated pursuant to New York State Not-For-Profit Corporation Law.
· Submit the Brownfield Opportunity Area Program: Community Based Organization Affirmation form.
Failure to meet these criteria will result in immediate disqualification of the application, which will not be further evaluated.
Mandatory Application Components:
Applications must comply with guidelines established in Sections IV. Eligible Activities and V. Program Requirements. Failure to comply with criteria will result in disqualification:
· Proposed project is an eligible activity per RFA Section IV. Eligible Activities.
· Required resolutions(s) must be submitted per RFA Section VI. Pre-Submission Requirements.
Predevelopment Activities within a State-Designated BOA Applications
· Applications must have an approved BOA designation, or have submitted an application for designation prior to June 1, 2026, provided the designation is made by the Secretary of State by October 1, 2026.
BOA Site Assessment Supplement (SA) Applications:
· Applications must have an approved BOA designation, or have submitted an application for designation prior to June 1, 2026, provided the designation is made by the Secretary of State by October 1, 2026.
· Applications must include the Site Assessment Supplement for each site for which funding is being requested. The SA Supplement must be completed in its entirety and include all related attachments. Substantially incomplete Site Assessment Forms will not be accepted and the application will be found ineligible.
Evaluation Criteria (maximum of 80 points)
Applications will be evaluated to assess the degree to which they meet the elements of each criterion. Applications may receive points for any or all elements of each of the evaluation criteria below.
| Criterion |
| Description |
| Pre-Planning |
| Planning: Development of a BOA Plan |
| Predevelopment |
| Phase II Environmental Site Assessment |
| Brownfield Opportunity (max. total 12 pts.) |
| Application clearly demonstrates the presence of known or suspected brownfields, including vacant, underutilized, deteriorated, and abandoned properties within the proposed area. |
| 4 |
| 4 |
| Application clearly demonstrates economic distress, risk to public health, and/or other negative impacts associated with the known or suspected brownfields within the proposed area. |
| 4 |
| 4 |
| Application clearly identifies potential vacant and known or suspected brownfield sites that are strategic opportunities to stimulate economic development, community revitalization or the siting of clean energy facilities and other public amenities within the proposed area. |
| 4 |
| 4 |
Application clearly states how the proposed project will advance the vision and goals of the BOA program as defined by the community in the BOA Plan for the State-designated BOA area.
| 6 |
| 6 |
Application clearly demonstrates advancement of revitalization on a strategic site (s) and will catalyze additional redevelopment activities in accordance with recommendations as documented in the State-designated BOA.
| 6 |
| 6 |
| Indicators of Economic Distress (max. total 6 pts) |
| Application identifies indicators of economic distress by census tract(s) with each of the following indicators worth 1 point each. A maximum of six (6) points will be awarded: |
| Poverty rate over 15 percent |
| 1 |
| 1 |
| 1 |
| 1 |
| Median household income within proposed project area is less than 50 percent of the surrounding area’s median income |
| 1 |
| 1 |
| 1 |
| 1 |
| Unemployment rate in project area is 125 percent or greater than the statewide unemployment rate |
| 1 |
| 1 |
| 1 |
| 1 |
| Twenty-five (25) percent or more of the area is vacant, abandoned, or otherwise available for industrial or commercial development. |
| 1 |
| 1 |
| 1 |
| 1 |
| Located in a federally-designated Opportunity Zone or an Environmental Zone (En-Zone) as defined by the New York State Department of Environmental Conservation |
| 1 |
| 1 |
| 1 |
| 1 |
| Qualitative analysis of the BOA area demonstrates a significant disparity of distress compared to the surrounding community (income, property values, vacancy rates, and tax revenue generation). |
| 1 |
| 1 |
| 1 |
| 1 |
| Local Capacity & Partnerships (max. total 6 pts) |
| An effective organizational and staffing structure exists to advance and complete the project. |
| 2 |
| 2 |
| 2 |
| 2 |
| The project is supported by multiple entities, including but not limited to municipalities, community-based organizations, and/or NYC Community Boards, and the support is demonstrated. |
| 2 |
| 2 |
| 2 |
| 2 |
| The project will be carried out in joint partnership between a municipality and a community-based organization and/or NYC Community Boards, and capacity of all participating entities has been demonstrated. |
| 2 |
| 2 |
| 2 |
| 2 |
| Public and Stakeholder Support (max. total 6 pts) |
| Local leadership supports and is committed to the goals of the BOA project. |
| 2 |
| 2 |
| 2 |
| 2 |
| Applicant has clearly provided evidence of public support for the project. |
| 2 |
| 2 |
| 2 |
| 2 |
| Applicant has clearly provided evidence of support from stakeholder(s) directly impacted by the BOA project. |
| 2 |
| 2 |
| 2 |
| 2 |
| Economic Value (max. total 8 pts.) |
| Application describes strategic opportunities to stimulate economic development through redevelopment of known or suspected brownfields and opportunities to leverage direct or indirect private investment is demonstrated |
| 4 |
| 2 |
| 2 |
| 4 |
Project will generate new and expanded economic activity in the proposed or State-Designated BOA and in the surrounding region.
| 2 |
| 2 |
| Application includes a detailed description of planned or actual efficient use or protection of public investment in resources and infrastructure. |
| 4 |
| 2 |
| 2 |
| 4 |
The project has potential to increase housing choices, expand job opportunities and eliminate barriers to employment, especially in distressed and high-need areas.
| 2 |
| 2 |
| Environmental Value (max. total 6 pts.) |
| Project clearly identifies the positive public health outcomes and/or how the result of such project will avoid or mitigate negative public health outcomes. |
| 5 |
| 1 |
| 1 |
| 5 |
| Project demonstrates that concrete steps will be taken to address environmental conditions at known or suspected brownfield sites. |
| 1 |
| 1 |
| 1 |
| 1 |
Project is consistent with NYS CLCPA and will mitigate the impacts of climate change through reduction of carbon emissions and/or increase in community resiliency.
| 1 |
| 2 |
The project includes the potential to enhance, protect or restore natural resources and promote green infrastructure.
| 2 |
| 2 |
Project area offers opportunities to accommodate clean energy generation, transmission, and/or storage facilities
| Public Value (max. total 6 pts) |
| Project area will support a mix of land uses and concentration of new development in urban centers where infrastructure and public services are adequate. |
| 2 |
| 2 |
| Application identifies opportunities where dynamic, diverse neighborhoods may result from the development of transformative housing, transportation and community projects that meets the needs of a diverse population. |
| 2 |
| 2 |
| 2 |
| 2 |
| Application identifies opportunities to expand access to public open space, historic and cultural resources, and other public amenities in underserved areas. |
| 2 |
| 2 |
Application clearly identifies how the proposed project will further public or private development or redevelopment in a State-designated BOA
| 2 |
| 2 |
Application clearly identifies how the proposed project will create economic development, community revitalization, and provision of public amenities that benefit the BOA and larger community.
| 2 |
| 2 |
| Scope of Work (max. total 10 pts.) |
| The project scope of work is clear and concise and identifies all discrete tasks necessary to complete the scope of work and deliverables associated with each task. |
| 2 |
| 2 |
| 4 |
| 4 |
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