Assembly Bill A6063

2013-2014 Legislative Session

Relates to brownfield site cleanup; repealer

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A6063 (ACTIVE) - Details

Current Committee:
Assembly Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1405, 27-1409, 27-1318, 27-1415, 27-1419 & 56-0503, add Art 71 §§71-4501 - 71-4531, En Con L; amd §§21, 22 & 23, Tax L; rpld Part H §31, Chap 1 of 2003
Versions Introduced in 2015-2016 Legislative Session:
A2390

2013-A6063 (ACTIVE) - Summary

Relates to brownfield site cleanup; establishes environmental covenants; repeals provisions of law relating to brownfield redevelopment tax credits.

2013-A6063 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6063

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 14, 2013
                               ___________

Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
  tee on Environmental Conservation

AN  ACT  to amend the environmental conservation law and the tax law, in
  relation to brownfield site cleanup; and to repeal section 31 of  part
  H  of  chapter  1 of the laws of 2003 amending the tax law relating to
  brownfield redevelopment tax credits, relating thereto

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision  2  of  section  27-1405 of the environmental
conservation law, as amended by section 2 of part A of  chapter  577  of
the laws of 2004, is amended to read as follows:
  2.  (A)  "Brownfield site" or "site" shall mean any real property, the
redevelopment or reuse of which [may be] IS complicated  by  the  GROUND
SURFACE  OR BELOW GROUND SURFACE LEVEL presence or [potential] SUSPECTED
presence of a contaminant REGARDLESS OF THE SOURCE OF SUCH  CONTAMINANT.
A BROWNFIELD SITE IS CHARACTERIZED BY ANY OR ALL OF THE FOLLOWING:
  (I)  A  CURRENT  AND  HISTORICAL  LEGACY  OF ABANDONMENT FROM PREVIOUS
INDUSTRIAL OR COMMERCIAL ACTIVITY.
  (II) A CURRENT AND HISTORICAL LEGACY OF SEVERE ECONOMIC OR  FUNCTIONAL
UNDERUTILIZATION  INCLUDING  USE  OF  SUCH  SITE AS A HAZARDOUS WASTE OR
SOLID WASTE FACILITY.
  (III) IN THE CASE OF A  SITE  CHARACTERIZED  PRIMARILY  BY  INDUSTRIAL
ACTIVITY, FUNCTIONAL OBSOLESCENCE.
  (B) Such term shall not include real property:
  [(a)]  (I) listed in the registry of inactive hazardous waste disposal
sites under section 27-1305 of this article at the time  of  application
to  this program and given a classification as described in subparagraph
one or two of paragraph b of subdivision two of section 27-1305 of  this
article;  provided,  however except until July first, two thousand five,
real property  listed  in  the  registry  of  inactive  hazardous  waste
disposal  sites under subparagraph two of paragraph b of subdivision two

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04685-02-3
              

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