senate Bill S724

Relates to eligibility for acceptance into the brownfield cleanup program; repealer

download pdf

Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
view actions

actions

  • 09 / Jan / 2013
    • REFERRED TO ENVIRONMENTAL CONSERVATION
  • 08 / Jan / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to eligibility for acceptance into the brownfield cleanup program; relates to the assignment of brownfield redevelopment tax credits.

do you support this bill?

Bill Details

Versions:
S724
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1405, 27-1407, 27-1411, 27-1419, 27-1423, 27-1429 & 27-1431, rpld & add §27-1409, En Con L; add §16-v, UDC Act; amd §§21 & 171-r, rpld §21 sub (a) ¶3-a sub¶ (D), Tax L; amd §970-r, Gen Muni L
Versions Introduced in Previous Legislative Cycles:
2011-2012: S2696A
2009-2010: S8071

Sponsor Memo

BILL NUMBER:S724

TITLE OF BILL:

An act
to amend the environmental conservation law, the tax law,
the general
municipal law, and chapter 174 of the laws of 1968 constituting
the New York state urban development corporation act,
in relation
to eligibility for acceptance into the brownfield cleanup program and
assignment of the brownfield redevelopment tax credits provided with
respect to such program; and to repeal certain provisions
of the environmental conservation law and the tax law
relating thereto

SUMMARY OF PROVISIONS:

Section 1 - Amends section 27-1405 of the environmental conservation
law (ECL) to:

* Amend the definition of a "brownfield site" to mean sites where
contamination is known to exceed applicable health-based or
environmental standards or is reasonably expected to be present based
on historic commercial or industrial use of the site as established
by a phase I report.

* Amend the definition of "brownfield site cleanup agreement" to mean
that an applicant's acceptance of the terms of participation in the
Brownfields Cleanup Program, as demonstrated by an affirmative
response to the Department's notice of acceptance into the program.

Section 2 - Amends section 27-1407 of the ECL to provide that
participants in the Brownfield Cleanup Program that is also seeking
to receive the tangible property brownfield redevelopment tax credit
provide additional information.

* Such information would include information sufficient to demonstrate:

o That the site has been abandoned for at least 15 years;
o That the site is part of or adjacent to an environmental zone;
o That the projected cost of the investigation and cleanup exceeds the
appraised value of the property absent contamination; or
o The site is to be developed as affordable housing within a
low or moderate income census tract.

* A report demonstrating that the site requires remediation; and
* For sites located within a brownfield opportunity area (BOA), a
demonstration that the development of the site will be in conformance
with a BOA plan.

Section 3 - Amends subdivision 3 of section 27-1407 of the ECL to
increase the number of days the Department has to determine the
completeness of an application from 10 to 30 days.


Section 4 - Amends subdivision 6 of section 27-1407 of the ECL to
provide that the Department's notification of acceptance into the BCP
also includes a determination of whether the applicant has
fulfilled the requirements to receive tangible property tax credits.
Time is often wasted negotiating what should be baseline provisions.

Section 5 - Amends paragraphs (c) and (d) of subdivision 8 of section
27-1407 of the ECL to authorize the Department to deny an application
if the applicant has previously failed to comply with an agreement or
order in any remediation program.

Section 6 - REPEALS section 27-1409 and adds a new section 27-1409 to
establish the terms which shall be accepted by default by an
applicant who affirmatively chooses to enter the program upon
acceptance by the Department. The applicant must provide such
affirmative notification within 15 days of the Department's
acceptance. The default terms and conditions include: the affected
site's boundaries; the applicant shall pay for the State's costs;
disputes will be resolved in accordance with Department regulations;
the State will be immune from liability for acts or omissions in the
discharge of the Department's responsibilities; the Department's
authority to terminate participation if the applicant fails to
substantially comply with the BCP's statutory and regulatory terms
and conditions; for purposes of remediation liability, the applicant
is not an operator of a brownfield site based solely upon
participation in the BCP; the applicant shall, within 90 days of
approval. conduct investigation and/or remediation activities
pursuant to work plans approved by the Department; the applicant
shall prepare and implement a citizen participation plan; and the
applicant waives its right to make a claim against the State's
environmental protection and spill compensation fund.

Section 7 - Two new subdivisions 6 and 7 are added to section 27-1411
of the ECL to provide that an applicant shall commence work within 90
days of approval and complete work plan activities as scheduled in
the plan. And to require applicants to submit schedules with the
submission of any work plan.

Section 8 amends subdivision 3 of section 27 -1419 of the ECL to
create a new formula for the tangible tax credits for applicants
entering the program after July 1, 2012. The amended formula
maintains the 10% to 24% range of refundable tax credits, but
modifies the formula to:

* establish an automatic 10% baseline credit
* raise the award for a
location in an Environmental Zone from 8% to 10% of development costs
and also grants sites in conformance with a BOA 10%, sites in both an
EnZone and BOA would be allowed 12%;
* provide an additional 4% credit for green buildings

Section 9 - Amends subdivision 5 of section 27-1419 of the ECL to add
two new criteria for the modification or revocation of the
certificate of completion by the Department:

* if an applicant misrepresents a material fact for the purpose of
receiving tangible property credits; or


* if the easement or covenant granted for the participating site
does not provide an effective or enforceable means of ensuring the
performance of maintenance, monitoring or operating requirements.

Section 10 - Amends subdivision 1 of section 27-1423 of the ECL to
make a technical amendment.

Section 11 - Amends section 27-1429 of the ECL to clarify that
whether contamination is on or off site, the Department is exempt and
may exempt an applicant from permit requirements under the ECL as
long as all requirements are met.

Section 12 - Amends subdivision 1 of section 27 -1431 of the ECL to
allow the Department site access to ensure compliance with the site
management plan, to ascertain the current use of the site, and to
take samples.

Section 13 - Adds a new section 16-v to the urban development
corporation act to establish the "Brownfields Shovel-Ready Program"
under the auspices of the Urban Development Corporation (a.k.a.
Empire State Development Corporation (ESDC)). Under this program,
ESDC would have the power to purchase contaminated property in
underserved communities and finance the acquisition, assessment,
cleanup, demolition, and site preparation and construction costs
associated with the site's redevelopment. ESDC would give priority to
sites located in BOAs.

Section 14 - Amends section 21 of the tax law to modify the tangible
property tax credit to clarify that site preparation costs, not
included in the site preparation credit, may be eligible for the
tangible property computation, and to make a technical correction by
explicitly stating that sites placed in service prior to the issuance
of a certificate of completion will be eligible for tax credits.

Section 15 - REPEALS subparagraph (D) of paragraph 3-a of subdivision
(a) of section 21 of the tax law.

Section 16 - Amends paragraphs 5 & 6 of subdivision (a) of section 21
of the tax law to clarify the dates for which the current tax credits
are in effect.

Section 17 - Amends subdivision b of section 21 of the tax law to
redefine site preparation costs for sites entering the BCP on or
after July 1, 2012 to include only those costs attributable to
activities required by a Department approved work plan.

Section 18 - Adds a new subdivision (e) section 171-r of the tax law
to require the Commissioner of Tax and Finance to supplement the
annual report on tax credits with a report on brownfield tax credits
claimed for the years prior to 2008.

Section 19 - Amends subdivision b of section 970-r of the general
municipal law to direct the secretary of State to establish criteria
for determining whether proposed or actual development of a
brownfield site within a brownfield opportunity area (BOA) is in
conformance with the goals and priorities established for that
applicable BOA.


Section 20 - Amends section 970-r of the general municipal law to
clarify that brownfield opportunity areas may receive state
assistance rather than "proposed" brownfield opportunity areas.

Section 21 - Adds a new paragraph h to 970-r of the general municipal
law to authorize the Commissioner of DEC to allocate any unexpended
brownfield opportunity area grant funds to the Secretary of State.

Section 22 - Amends section 970-r of the general municipal law to add
requirements to brownfield opportunity area (BOA) plans, including:

* existing detailed assessments of individual brownfield sites;
* known data about the environmental conditions of properties in the
BOA;
* ownership of the properties in the BOA;
* the goals and objectives for economic revitalization of the BOA;
* identification of the publicly controlled and developable land and
buildings within the BOA; and * the development of strategies for
improving the likelihood that such strategic sites are reused or
developed consistent with the BOA plan.

Section 23 - Amends subdivision 4 of section 970-4 of the general
municipal law to provide that the Secretary of State shall determine
whether a qualified site subject to a brownfield site cleanup
agreement is consistent with a BOA plan.

Section 24 - Amends subdivision 5 of section 970-r of the general
municipal law to require the that when the Secretary of State awards
a BOA grant, the Secretary also notify the division of housing and
community renewal, DEC, the Department of Transportation, the Office
of Parks, Recreation and Historic Preservation, to request for
relevant information concerning land uses, capital projects and plans
relating to properties within the BOA.

Section 25 - Amends subdivision 6 of section 970-r of the general
municipal law to clarify what brownfield cleanup implementation
strategies must be included in the BOA plan.

Section 26 - Amends subdivision 7 of section 970-r of the general
municipal law to require the Secretary of State to promulgate rules
that contain criteria and timeframes for review and approval of
amendments to a BOA plan.

Section 27 - Amends subdivision 8 of section 970-r of the general
municipal law to waive prenomination studies for BOA applicants that
have satisfactorily submitted sufficient equivalent information.

Section 28 - provides a severability clause applicable to the act.

Section 29 -- Effective immediately.

JUSTIFICATION:

The Brownfield Opportunity Area program offers a tool for reversing
the economic and environmental forces that continue to drive our
upstate cities from Yonkers to Buffalo into despair and to feed the
seemingly inexorable creep of sprawl development. At the same time,


it offers cities across New York a ready-made tool to sustainably
achieve their long term growth goals and address its dwindling land
supply while accomplishing environmental justice in low income
communities.

The centerpiece of the BOA program is this area-wide approach to
reclaiming brownfields and revitalizing neighborhoods so that new
community anchors are established, creating value and reversing the
spiral of deterioration, decline, and decay. The BOA program provides
flexible funding for market and infrastructure studies and other
activities needed to carry out a constructive visioning process,
based not on what is there now or what the real estate market might
otherwise attract or resist, but on what the community needs and
wants. By looking at the area as a whole, the
most productive, innovative and appropriately scaled end uses will be
planned, creating new opportunities and helping put properties back
on the tax rolls with new job creation, housing, and retail
opportunities catalyzing the reversal of economic decline and
disinvestment which in turn will allow for further community
improvement.

Unfortunately, the BOA Program has not yet had a chance to work. It
has been stymied by delays, confusion, redundancy, and a lack of
clear government accountability. Nevertheless, the program continues
to hold tremendous promise. The 2003 Brownfields Law offers
Redevelopment Tax Credits to, in effect, reimburse a developer for
between 10% and 24% of the total cost of the cleanup and development
of a project site. Because the Redevelopment Tax Credits are
"refundable," the developer will receive a tax reduction to the
extent there is tax liability, and the remainder of the credited
amount will be awarded in cash. The percentage of reimbursement
varies according to the level of cleanup, whether the developer is an
individual or a business, and whether the site is in an Environmental
Zone or "En-zone," an area delineated by relatively high unemployment
and poverty rates.

In addition, the tax credits created by the Brownfield Law have not
been working as intended. The principal problem is the way brownfield
tax credits are awarded. Essentially, any site that enters the
Brownfield Cleanup Program (BCP), regardless of public benefit,
relative cost of cleanup compared to development, consistency with
economic development objectives, or compatibility with a regional or
municipal plan, generates brownfield tax credits as-of-light.
Meanwhile, because the incentives are not targeted, the least
marketable brownfield sites due to their location or level of
contamination continue to be ignored, effectively eliminating from
the Brownfield Law its intended use as a tool for urban revitalization.

This programmatic flaw has also had another insidious consequence.
Because the tax credits are so very generous and are available as of
right to any participating site, the State has sought to limit tax
credit outlays by limiting eligibility into the BCP, leaving many
sites that belong in a cleanup program because they contain levels of
contamination above existing health-based cleanup standards in limbo,
without a government program to oversee remediation, award liability
protection to owners and builders who eliminate health threats, or
offer needed financial assistance.


Brownfields Shovel-Ready Program - This bill develops a new program
under the auspices of the Empire State Development Corporation (ESDC)
to specialize in Brownfield recycling and manufacturing-center
development. Under the new program, ESDC would assist
expansion-minded manufacturing firms or affordable housing
developers, in site selection, construction financing, and workforce
development.

Under this program, ESDC is encouraged to purchase contaminated
property in underserved communities and finance the acquisition,
assessment, cleanup, demolition, and site preparation and
construction costs associated with the site's redevelopment. Priority
is given priority to sites located in BOAs.

Upon completion of the remediation, ESDC would sell parcels of the
property to manufacturers and other business for $1 and in return for
a clean site sold for $1, manufacturers would agree to:

* build quality buildings (at least $38 a square foot),
* meet the Leadership in Energy and Environmental Design
(LEED) Green Building Rating System in the building construction,
* provide new jobs (at least one job per 1,000 square feet
of building space),
* pay a living wage (at least $9.50 an hour plus benefits), and
* hire seventy percent of the workforce from the local community.

In the case that a remediated site is sold to an affordable housing
developer, the developer shall build housing units in accordance with
the State's affordability guidelines.

PRIOR LEGISLATIVE HISTORY:
2011-12: S.2696-A
2009-10: S.8071 (Thompson)

FISCAL IMPACT:
To be determined.

EFFECTIVE DATE:
This act shall take effect immediately.

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

                                   724

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law,  the  tax  law,  the
  general  municipal law, and chapter 174 of the laws of 1968 constitut-
  ing the New York state urban development corporation act, in  relation
  to  eligibility for acceptance into the brownfield cleanup program and
  assignment of the brownfield redevelopment tax credits  provided  with
  respect to such program; and to repeal certain provisions of the envi-
  ronmental conservation law and the tax law relating thereto

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

  Section 1. Subdivisions 2 and 4 of section  27-1405  of  the  environ-
mental conservation law, subdivision 2 as amended by section 2 of part A
of chapter 577 of the laws of 2004 and subdivision 4 as added by section
1  of  part  A  of chapter 1 of the laws of 2003, are amended to read as
follows:
  2. "Brownfield site" or "site" shall  mean  any  real  property[,  the
redevelopment  or  reuse  of which may be complicated by the presence or
potential presence of] WHERE a contaminant IS KNOWN  TO  BE  PRESENT  AT
LEVELS  EXCEEDING  APPLICABLE HEALTH-BASED OR ENVIRONMENTAL STANDARDS OR
IS REASONABLY EXPECTED TO BE PRESENT BASED  ON  HISTORIC  COMMERCIAL  OR
INDUSTRIAL USE OF THE SITE AS ESTABLISHED BY A PHASE I REPORT AS DEFINED
IN  REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT.   Such term shall not
include real property:
  (a) 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  arti-
cle;  provided, however except until July first, two thousand five, real
property listed in the registry of  inactive  hazardous  waste  disposal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03720-01-3

S. 724                              2

sites  under  subparagraph  two  of  paragraph  b  of subdivision two of
section 27-1305 of this article prior to  the  effective  date  of  this
article,  where  such real property is owned by a volunteer shall not be
deemed ineligible to participate and further provided that the status of
any  such  site  as listed in the registry shall not be altered prior to
the issuance of a certificate of completion pursuant to section  27-1419
of this title;
  (b) listed on the national priorities list established under authority
of 42 U.S.C. section 9605;
  (c) subject to an enforcement action under title seven or nine of this
article,  [except]  OR  PERMITTED  AS  a  treatment, storage or disposal
facility [subject to a permit]; provided, that nothing herein  contained
shall  be deemed otherwise to exclude from the scope of the term "brown-
field site" a hazardous waste treatment, storage  or  disposal  facility
having  interim  status  according  to  regulations  promulgated  by the
commissioner;
  (d) subject to an order for cleanup pursuant to article twelve of  the
navigation  law  or  pursuant  to title ten of article seventeen of this
chapter except such property shall not be deemed  ineligible  if  it  is
subject to a stipulation agreement; or
  (e)  subject  to  any  other  on-going  state or federal environmental
enforcement action related to the contamination which is at or emanating
from the site subject to the present application.
  4.  "Brownfield  site  cleanup  agreement"  shall  mean  an  agreement
executed  in  accordance with section 27-1409 of this title by an appli-
cant and the department for the purpose of completing a brownfield  site
remedial  program  FOR THOSE SITES FOR WHICH THE DEPARTMENT HAS ISSUED A
NOTICE TO THE APPLICANT ON OR BEFORE JULY FIRST, TWO  THOUSAND  FOURTEEN
THAT  ITS  REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED UNDER SUBDIVISION
SIX OF SECTION 27-1407 OF THIS TITLE. FOR  THOSE  SITES  FOR  WHICH  THE
DEPARTMENT  HAS  ISSUED SUCH NOTICE AFTER JULY FIRST, TWO THOUSAND FOUR-
TEEN, A BROWNFIELD SITE CLEANUP AGREEMENT SHALL MEAN THE ACCEPTANCE OF A
REQUEST TO PARTICIPATE IN THE BROWNFIELD  CLEANUP  PROGRAM  PURSUANT  TO
SUBDIVISION  SIX  OF  SECTION  27-1407 OF THIS TITLE AND THE APPLICANT'S
ACCEPTANCE OF THE  TERMS  OF  SUCH  PARTICIPATION  PURSUANT  TO  SECTION
27-1409  OF  THIS  TITLE,  WITH  THE  DATE OF THE APPLICANT'S ACCEPTANCE
DEEMED TO BE THE DATE OF THE BROWNFIELD SITE CLEANUP AGREEMENT.
  S 2. Subdivision 1 of section 27-1407 of the  environmental  conserva-
tion  law,  as amended by section 3 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
  1. A person who seeks to participate in this program  shall  submit  a
request  to  the  department  on a form provided by the department. Such
form shall include information to be determined by the department suffi-
cient to allow the department to determine eligibility and the  current,
intended and reasonably anticipated future land use of the site pursuant
to  section  27-1415  of this title.  IF THE PERSON WHO SEEKS TO PARTIC-
IPATE IN THIS PROGRAM IS ALSO SEEKING TO RECEIVE THE  TANGIBLE  PROPERTY
COMPONENT  OF  THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARA-
GRAPH THREE OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SUCH
PERSON SHALL:
  (A) SUBMIT INFORMATION SUFFICIENT TO DEMONSTRATE THAT (I) THE SITE HAS
BEEN ABANDONED FOR A PERIOD IN EXCESS OF FIFTEEN YEARS, (II) THE SITE OR
A PART THEREOF IS WITHIN OR IMMEDIATELY  ADJACENT  TO  AN  ENVIRONMENTAL
ZONE  AS  DEFINED  IN  PARAGRAPH  SIX  OF  SUBDIVISION  (B)  OF  SECTION
TWENTY-ONE OF THE TAX LAW, (III) THE PROJECTED COST OF THE INVESTIGATION
AND REMEDIATION WHICH IS PROTECTIVE FOR THE ANTICIPATED USE OF THE  SITE

S. 724                              3

EXCEEDS  THE  CERTIFIED  APPRAISED  VALUE OF THE PROPERTY ABSENT CONTAM-
INATION, OR (IV) THE SITE IS TO BE DEVELOPED AS AFFORDABLE HOUSING WITH-
IN A LOW OR MODERATE INCOME CENSUS TRACT AND (A) TWENTY PERCENT  OF  THE
UNITS  ARE  INCOME  RESTRICTED;  OR  (B) A LOW INCOME HOUSING TAX CREDIT
PROJECT AND TWENTY PERCENT OF THE  UNITS  ARE  INCOME  RESTRICTED  OR  A
PROJECT  THAT  HAS  A MINIMUM OF FIFTY PERCENT OF THE TOTAL UNITS INCOME
RESTRICTED WITH AT LEAST TWENTY PERCENT  OF  THOSE  UNITS  AT  OR  BELOW
EIGHTY  PERCENT  OF AREA MEDIAN INCOME (AMI) AND SUBJECT TO AN AGREEMENT
WITH A MUNICIPALITY, THE STATE, THE FEDERAL GOVERNMENT, OR AN INSTRUMEN-
TALITY THEREOF, WHERE SUCH AGREEMENT RESTRICTS OCCUPANCY OF THOSE  UNITS
TO RESIDENTS WHO QUALIFY IN ACCORDANCE WITH AN INCOME TEST;
  (B)  SUBMIT AN INVESTIGATION REPORT SUFFICIENT TO DEMONSTRATE THAT THE
SITE REQUIRES REMEDIATION IN ORDER TO MEET THE REMEDIAL REQUIREMENTS  OF
THIS TITLE; AND
  (C)  FOR  ANY  SITE  LOCATED  WITHIN  A BROWNFIELD OPPORTUNITY AREA AS
DESIGNATED BY THE SECRETARY OF STATE PURSUANT TO  SECTION  NINE  HUNDRED
SEVENTY-R  OF THE GENERAL MUNICIPAL LAW, A DEMONSTRATION THAT THE DEVEL-
OPMENT OF THE SITE WILL BE IN CONFORMANCE WITH SUCH BROWNFIELD  OPPORTU-
NITY AREA.
  S  3.  Subdivision 3 of section 27-1407 of the environmental conserva-
tion law, as amended by section 3 of part A of chapter 577 of  the  laws
of 2004, is amended to read as follows:
  3.  The department shall notify the person requesting participation in
this program within [ten] THIRTY days after receiving such request  that
such request is either complete or incomplete. In the event the applica-
tion  is  determined  to  be  incomplete the department shall specify in
writing the missing necessary  information  required  pursuant  to  this
article  to  complete  the  application  and  shall  have ten days after
receipt of the missing information to issue a written  determination  if
the application is complete.
  S  4.  Subdivision 6 of section 27-1407 of the environmental conserva-
tion law, as added by section 1 of part A of chapter 1 of  the  laws  of
2003, is amended to read as follows:
  6.  The  department shall use all best efforts to expeditiously notify
the applicant within forty-five days after receiving [their]  A  request
for participation that such request is either accepted or rejected, AND,
FOR  ANY APPLICANT SEEKING TO RECEIVE THE TANGIBLE PROPERTY COMPONENT OF
THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH  THREE  OF
SUBDIVISION  (A)  OF  SECTION TWENTY-ONE OF THE TAX LAW, A DETERMINATION
WHETHER THE CRITERIA FOR RECEIVING SUCH COMPONENT AS SET FORTH IN SUBDI-
VISION ONE OF THIS SECTION HAVE BEEN MET.
  S 5. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
environmental conservation law, as amended by section 3  of  part  A  of
chapter  577 of the laws of 2004, are amended and a new paragraph (e) is
added to read as follows:
  (c) there is an order providing for  the  investigation,  removal,  or
remediation of contamination relating to the brownfield site against the
person who is requesting participation; [or]
  (d)  [The]  THE  person  requesting  participation  is  subject  to an
outstanding claim as provided in subdivision four of this section[.]; OR
  (E) THE PERSON'S PARTICIPATION IN ANY REMEDIATION  PROGRAM  UNDER  THE
DEPARTMENT'S  OVERSIGHT  WAS TERMINATED BY THE DEPARTMENT FOR FAILURE TO
SUBSTANTIALLY COMPLY WITH AN AGREEMENT OR ORDER.
  S 6. Section 27-1409 of the environmental conservation law is REPEALED
and a new section 27-1409 is added to read as follows:
S 27-1409. TERMS OF PARTICIPATION.

S. 724                              4

  1. WITHIN FIFTEEN DAYS OF RECEIPT OF A NOTICE PURSUANT TO  SUBDIVISION
SIX  OF SECTION 27-1407 OF THIS TITLE THAT ITS REQUEST FOR PARTICIPATION
HAS BEEN ACCEPTED, THE APPLICANT SHALL, WITHIN FIFTEEN DAYS, ADVISE  THE
DEPARTMENT  IN  WRITING  WHETHER IT ACCEPTS THE DEPARTMENT'S ELIGIBILITY
DETERMINATION  AND THE TERMS AND CONDITIONS OF PARTICIPATION AS PROVIDED
IN SUBDIVISION TWO OF THIS  SECTION,  THE  REGULATIONS  PROMULGATED  AND
GUIDANCE  ISSUED  PURSUANT TO THIS TITLE, AND OTHER TERMS AND CONDITIONS
AS MAY BE CONTAINED IN THE NOTICE. IF THE APPLICANT DOES NOT  SO  ADVISE
THE  DEPARTMENT  OR  DECLINES  TO  ACCEPT SUCH TERMS AND CONDITIONS, THE
APPLICATION SHALL BE DEEMED DENIED.
  2. ALL APPLICANTS ACCEPTING PARTICIPATION IN  THE  BROWNFIELD  CLEANUP
PROGRAM  IN  ACCORDANCE WITH SUBDIVISION ONE OF THIS SECTION ARE SUBJECT
TO THE FOLLOWING TERMS AND CONDITIONS:
  (A) THE BOUNDARIES OF THE REAL PROPERTY THAT WILL  BE  CONSIDERED  THE
PARTICIPATING  BROWNFIELD SITE FOR PURPOSES OF THIS TITLE SHALL BE THOSE
SET FORTH IN THE DEPARTMENT'S NOTICE  PURSUANT  TO  SUBDIVISION  SIX  OF
SECTION 27-1407 OF THIS TITLE;
  (B) THE APPLICANT SHALL PAY FOR STATE COSTS INCURRED AFTER THE DATE OF
THE  DEPARTMENT'S  NOTICE PURSUANT TO SUBDIVISION SIX OF SECTION 27-1407
OF THIS TITLE; PROVIDED, HOWEVER, THAT WITH RESPECT TO A BROWNFIELD SITE
WHICH THE DEPARTMENT HAS DETERMINED CONSTITUTES A SIGNIFICANT THREAT  TO
THE  PUBLIC HEALTH OR ENVIRONMENT THE DEPARTMENT MAY INCLUDE A PROVISION
REQUIRING THE APPLICANT TO PROVIDE  A  TECHNICAL  ASSISTANCE  GRANT,  AS
DESCRIBED IN SUBDIVISION FOUR OF SECTION 27-1417 OF THIS TITLE AND UNDER
THE  CONDITIONS  DESCRIBED  THEREIN,  TO AN ELIGIBLE PARTY IN ACCORDANCE
WITH PROCEDURES ESTABLISHED UNDER SUCH PROGRAM, WITH THE COST OF SUCH  A
GRANT  INCURRED  BY  A VOLUNTEER SERVING AS AN OFFSET AGAINST SUCH STATE
COSTS. WHERE THE  APPLICANT  IS  A  PARTICIPANT,  THE  DEPARTMENT  SHALL
INCLUDE  PROVISIONS  RELATING TO RECOVERY OF STATE COSTS INCURRED BEFORE
THE DATE OF SUCH NOTICE;
  (C) DISPUTES ARISING FROM THE EVALUATION, ANALYSIS, AND  OVERSIGHT  OF
THE IMPLEMENTATION OF THE WORK PLAN SHALL BE RESOLVED IN ACCORDANCE WITH
REGULATIONS PROMULGATED BY THE DEPARTMENT;
  (D) SECTION EIGHT OF THE COURT OF CLAIMS ACT OR ANY OTHER PROVISION OF
LAW  TO  THE  CONTRARY  NOTWITHSTANDING,  THE STATE SHALL BE IMMUNE FROM
LIABILITY AND ACTION WITH RESPECT TO ANY ACT OR  OMISSION  DONE  IN  THE
DISCHARGE   OF  THE  DEPARTMENT'S  RESPONSIBILITIES  UNDER  THIS  TITLE;
PROVIDED, HOWEVER, THAT THIS PARAGRAPH SHALL  NOT  LIMIT  THE  LIABILITY
WHICH  MAY OTHERWISE EXIST FOR THE STATE'S GROSS NEGLIGENCE OR UNLAWFUL,
WILLFUL OR MALICIOUS ACTS OR OMISSIONS ON THE PART OF THE  STATE,  STATE
AGENCIES, OR THEIR OFFICERS, EMPLOYEES OR AGENTS;
  (E)  THE  DEPARTMENT MAY TERMINATE AN APPLICANT'S PARTICIPATION IN THE
BROWNFIELD CLEANUP PROGRAM  AT  ANY  TIME  IF  THE  APPLICANT  FAILS  TO
SUBSTANTIALLY  COMPLY WITH THE TERMS AND CONDITIONS OF THIS SECTION, ANY
DULY  PROMULGATED  REGULATIONS  IMPLEMENTING  THE   BROWNFIELD   CLEANUP
PROGRAM,  ANY  TERMS AND CONDITIONS SET FORTH IN THE DEPARTMENT'S NOTICE
PURSUANT TO SUBDIVISION SIX OF SECTION 27-1407 OF  THIS  TITLE,  OR  ANY
WORK PLAN APPROVED BY THE DEPARTMENT;
  (F)  THE  DEPARTMENT SHALL NOT CONSIDER THE APPLICANT AN OPERATOR OF A
BROWNFIELD SITE BASED SOLELY UPON PARTICIPATION IN THE BROWNFIELD CLEAN-
UP PROGRAM FOR PURPOSES OF REMEDIATION LIABILITY;
  (G) THE  APPLICANT  SHALL  CONDUCT  INVESTIGATION  AND/OR  REMEDIATION
ACTIVITIES  PURSUANT  TO WORK PLANS APPROVED BY THE DEPARTMENT AND SHALL
BEGIN SUCH INVESTIGATION AND/OR  REMEDIATION  ACTIVITIES  WITHIN  NINETY
DAYS OF APPROVAL OF THE WORK PLAN BY THE DEPARTMENT;

S. 724                              5

  (H)  THE APPLICANT SHALL PREPARE AND IMPLEMENT A CITIZEN PARTICIPATION
PLAN CONSISTENT WITH THE REQUIREMENTS OF THIS TITLE AS SOON AS  POSSIBLE
FOLLOWING THE DEPARTMENT'S NOTICE PURSUANT TO SUBDIVISION SIX OF SECTION
27-1407  OF  THIS TITLE BUT PRIOR TO THE PREPARATION OF A DRAFT REMEDIAL
INVESTIGATION PLAN BY THE APPLICANT WHICH SHALL INCLUDE A DESCRIPTION OF
CITIZEN  PARTICIPATION  ACTIVITIES  ALREADY  PERFORMED  BY THE APPLICANT
AND/OR THE DEPARTMENT; AND
  (I) EFFECTIVE UPON THE ACCEPTANCE INTO THE BROWNFIELD CLEANUP  PROGRAM
PURSUANT  TO SUBDIVISION ONE OF THIS SECTION, THE APPLICANT IS DEEMED TO
HAVE WAIVED ANY RIGHT SUCH APPLICANT HAS OR MAY HAVE  TO  MAKE  A  CLAIM
AGAINST  THE STATE OF NEW YORK PURSUANT TO ARTICLE TWELVE OF THE NAVIGA-
TION LAW WITH RESPECT TO THE BROWNFIELD SITE, IS DEEMED TO HAVE RELEASED
THE NEW YORK ENVIRONMENTAL PROTECTION AND SPILL COMPENSATION  FUND  FROM
ANY  AND  ALL  LEGAL  OR  EQUITABLE CLAIMS OR CAUSES OF ACTION THAT SUCH
APPLICANT MAY HAVE AS A RESULT OF PARTICIPATING IN THE BROWNFIELD CLEAN-
UP PROGRAM OR FULFILLING A BROWNFIELD  SITE  REMEDIAL  PROGRAM  AS  SUCH
SITE.
  S  7. Section 27-1411 of the environmental conservation law is amended
by adding two new subdivisions 6 and 7 to read as follows:
  6. AN APPLICANT SHALL COMMENCE IMPLEMENTATION OF ANY WORK PLAN  WITHIN
NINETY  DAYS  OF APPROVAL OF THE PLAN BY THE DEPARTMENT AND COMPLETE THE
ACTIVITIES PROVIDED FOR IN SUCH WORK PLAN IN ACCORDANCE WITH THE  SCHED-
ULE  SET  FORTH  THEREIN,  OR AS OTHERWISE APPROVED BY THE DEPARTMENT IN
WRITING.
  7. AN APPLICANT SHALL INCLUDE  WITH  EVERY  REPORT  SUBMITTED  TO  THE
DEPARTMENT  A  SCHEDULE  FOR  THE SUBMISSION OF ANY SUBSEQUENT WORK PLAN
REQUIRED TO MEET THE REQUIREMENTS OF THIS TITLE.
  S 8. Subdivision 3 of section 27-1419 of the  environmental  conserva-
tion  law,  as amended by chapter 390 of the laws of 2008, is amended to
read as follows:
  3. Upon receipt of the final engineering report, the department  shall
review  such  report  and  the data submitted pursuant to the brownfield
site cleanup agreement as well as any other relevant information regard-
ing the brownfield site. Upon satisfaction of the commissioner that  the
remediation  requirements  set  forth in this title have been or will be
achieved in accordance with the timeframes, if any, established  in  the
remedial  work  plan, the commissioner shall issue a written certificate
of completion[, such]. SUCH certificate shall include  such  information
as  determined  by the department of taxation and finance, including but
not limited to the brownfield site  boundaries  included  in  the  final
engineering  report,  the  date of the brownfield site CLEANUP agreement
pursuant to section 27-1409 of this title, and the  applicable  percent-
ages  available AS OF THE DATE OF THE CERTIFICATE OF COMPLETION for that
site for purposes of section twenty-one of the tax law[, with such]. FOR
THOSE SITES FOR WHICH THE DEPARTMENT HAS ISSUED A NOTICE TO THE TAXPAYER
AFTER JULY FIRST, TWO THOUSAND FOURTEEN THAT  ITS  REQUEST  FOR  PARTIC-
IPATION  HAS  BEEN  ACCEPTED UNDER SUBDIVISION SIX OF SECTION 27-1407 OF
THIS TITLE, THE TANGIBLE PROPERTY COMPONENT OF THE BROWNFIELD REDEVELOP-
MENT TAX CREDIT PURSUANT  TO  PARAGRAPH  THREE  OF  SUBDIVISION  (A)  OF
SECTION TWENTY-ONE OF THE TAX LAW SHALL ONLY BE AVAILABLE TO THE TAXPAY-
ER IF SUCH NOTICE INCLUDES A DETERMINATION THAT THE CRITERIA FOR RECEIV-
ING  SUCH  TAX  COMPONENT HAVE BEEN MET. APPLICABLE percentages [to] FOR
COMPUTING THE BROWNFIELD REDEVELOPMENT TAX CREDIT  PURSUANT  TO  SECTION
TWENTY-ONE OF THE TAX LAW SHALL be determined as follows:
  (A)  with  respect to such qualified site for which the department has
issued a notice to the taxpayer after June  twenty-third,  two  thousand

S. 724                              6

eight  that its request for participation has been accepted under subdi-
vision six of section 27-1407 of this  title[:    For  the  purposes  of
calculating],  THE APPLICABLE PERCENTAGE FOR the site preparation credit
component  pursuant to paragraph two of subdivision (a) of section twen-
ty-one of the tax law, and the on-site  groundwater  remediation  credit
component pursuant to paragraph four of subdivision (a) of section twen-
ty-one of the tax law[, the applicable percentage] shall be based on the
level  of  cleanup  achieved  pursuant  to  subdivision  four of section
27-1415 of this title and the level of cleanup of soils to  contaminant-
specific soil cleanup objectives promulgated pursuant to subdivision six
of  section  27-1415 of this title, up to a maximum of fifty percent, as
follows:
  [(a)] (I) soil cleanup for unrestricted use, the protection of ground-
water or the protection of ecological resources, the applicable percent-
age shall be fifty percent;
  [(b)] (II) soil cleanup for residential use, the applicable percentage
shall be forty percent, except for Track 4 which shall  be  twenty-eight
percent;
  [(c)] (III) soil cleanup for commercial use, the applicable percentage
shall  be  thirty-three percent, except for Track 4 which shall be twen-
ty-five percent;
  [(d)] (IV) soil cleanup for industrial use, the applicable  percentage
shall  be  twenty-seven percent, except for Track 4 which shall be twen-
ty-two percent.
  (B) WITH RESPECT TO SUCH QUALIFIED SITE FOR WHICH THE  DEPARTMENT  HAS
ISSUED  A NOTICE TO THE TAXPAYER AFTER JULY FIRST, TWO THOUSAND FOURTEEN
THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED  UNDER  SUBDIVISION
SIX  OF SECTION 27-1407 OF THIS TITLE, THE APPLICABLE PERCENTAGE FOR THE
TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWNFIELD  REDEVELOPMENT  TAX
PURSUANT  TO PARAGRAPH THREE OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF
THE TAX LAW THE APPLICABLE PERCENTAGE SHALL BE THE SUM  OF  SIX  PERCENT
AND  THE  FOLLOWING  ADDITIONAL  PERCENTAGES,  PROVIDED  THAT  THE TOTAL
PERCENTAGE OF THE TANGIBLE PROPERTY CREDIT COMPONENT  SHALL  NOT  EXCEED
TWENTY-FOUR  PERCENT  AND  IS  OTHERWISE  SUBJECT TO THE LIMITATIONS SET
FORTH IN PARAGRAPH THREE-A OF SUBDIVISION (A) OF SECTION  TWENTY-ONE  OF
THE TAX LAW:
  (I) TEN PERCENT FOR A SITE WITHIN AND IN CONFORMANCE WITH A BROWNFIELD
OPPORTUNITY  AREA  DESIGNATED AS SUCH BY THE SECRETARY OF STATE PURSUANT
TO SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW. FOR  ANY
SITE  WITHIN  AN ENVIRONMENTAL ZONE AND WITHIN AND IN CONFORMANCE WITH A
BROWNFIELD  OPPORTUNITY  AREA,  THE  APPLICABLE  PERCENTAGE  UNDER  THIS
SUBPARAGRAPH SHALL BE TWELVE PERCENT;
  (II)  FOUR  PERCENT  FOR  SITES  ON WHICH THE PRIMARY DEVELOPMENT IS A
BUILDING OR BUILDINGS CONSTRUCTED IN  CONFORMANCE  WITH  GREEN  BUILDING
REGULATIONS  PROMULGATED  PURSUANT TO SECTION NINETEEN OF THE TAX LAW OR
SECTION EIGHTEEN HUNDRED SEVENTY-TWO OF THE PUBLIC AUTHORITIES LAW; AND
  (III) EIGHT PERCENT FOR SITES WITHIN AN ENVIRONMENTAL ZONE AS  DEFINED
IN PARAGRAPH SIX OF SUBDIVISION (B) OF SECTION TWENTY-ONE OF THE TAX LAW
OR  IN  A  CENSUS TRACT THAT IS IMMEDIATELY ADJACENT TO AN ENVIRONMENTAL
ZONE; OR THE SITE IS TO BE DEVELOPED AS AFFORDABLE  HOUSING  DEFINED  AS
HAVING  AT  LEAST  TWENTY PERCENT OF ITS RESIDENTIAL UNITS SUBJECT TO AN
AGREEMENT WITH A MUNICIPALITY, THE STATE, THE FEDERAL GOVERNMENT  OR  AN
INSTRUMENTALITY  THEREOF,  WHERE  SUCH  AGREEMENT RESTRICTS OCCUPANCY OF
THOSE UNITS TO RESIDENTS WHO QUALIFY IN ACCORDANCE WITH AN  INCOME  TEST
AND  ARE  LOCATED  WITHIN  A QUALIFIED COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG) ELIGIBLE CENSUS TRACT AS DEFINED BY THE FEDERAL GOVERNMENT OR THE

S. 724                              7

SITE IS TO BE DEVELOPED FOR  AFFORDABLE  HOUSING  WITH  AT  LEAST  FIFTY
PERCENT  OF  ITS  RESIDENTIAL  UNITS  AT OR BELOW EIGHTY PERCENT OF AREA
MEDIAN INCOME AS DEFINED BY THE UNITED STATES DEPARTMENT OF HOUSING  AND
URBAN  DEVELOPMENT  FOR  THE  METROPOLITAN STATISTICAL AREA OR COUNTY IN
WHICH THE SITE IS LOCATED AND SUBJECT TO AN  AGREEMENT  WITH  A  MUNICI-
PALITY,  THE STATE, THE FEDERAL GOVERNMENT, OR AN INSTRUMENTALITY THERE-
OF, WHERE SUCH AGREEMENT RESTRICTS OCCUPANCY OF THOSE UNITS TO RESIDENTS
WHO QUALIFY IN ACCORDANCE WITH AN INCOME TEST.
  (C) ALL OTHER APPLICABLE PERCENTAGES ARE SET FORTH IN  PARAGRAPH  FIVE
OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW.
  S  9.  Subdivision 5 of section 27-1419 of the environmental conserva-
tion law, as amended by section 9 of part A of chapter 577 of  the  laws
of 2004, is amended to read as follows:
  5.  A certificate of completion issued pursuant to this section may be
transferred to the applicant's successors or assigns  upon  transfer  or
sale of the brownfield site. Further, a certificate of completion may be
modified or revoked by the commissioner upon a finding that:
  (a)  Either  the  applicant, or the applicant's successors or assigns,
has failed to comply with the terms and  conditions  of  the  brownfield
site cleanup agreement;
  (b)  The applicant made a misrepresentation of a material fact tending
to demonstrate that it (I) was qualified as a volunteer OR (II) MET  THE
CRITERIA  SET  FORTH IN SUBDIVISION ONE OF SECTION 27-1407 OF THIS TITLE
FOR THE PURPOSE OF RECEIVING THE  TANGIBLE  PROPERTY  COMPONENT  OF  THE
BROWNFIELD  REDEVELOPMENT  TAX  CREDIT  PURSUANT  TO  PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW;
  (c) Either the applicant, or the applicant's  successors  or  assigns,
made  a misrepresentation of a material fact tending to demonstrate that
the cleanup levels identified in the brownfield site  cleanup  agreement
were reached; [or]
  (d)  THE  ENVIRONMENTAL EASEMENT GRANTED TO THE DEPARTMENT PURSUANT TO
TITLE THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS CHAPTER DOES NOT PROVIDE
AN EFFECTIVE OR ENFORCEABLE MEANS OF ENSURING THE PERFORMANCE OF MAINTE-
NANCE, MONITORING OR OPERATING  REQUIREMENTS,  OR  THE  RESTRICTIONS  ON
FUTURE  LAND USES, INCLUDING RESTRICTIONS ON DRILLING FOR OR WITHDRAWING
GROUNDWATER; OR
  (E) There is good cause for such modification or revocation.
  S 10. Subdivision 1 of section 27-1423 of the environmental  conserva-
tion  law, as amended by section 11 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
  1. Pursuant to timetables contained in  the  brownfield  site  cleanup
agreement,  the [volunteer] APPLICANT shall pay all state costs incurred
in  negotiating  and  overseeing  implementation  of   such   agreement,
provided,  however,  as set forth in a brownfield site cleanup agreement
pursuant to this title, that such costs may be based upon  a  reasonable
flat-fee  for  oversight, which shall reflect the projected future state
costs to be incurred in negotiating  and  overseeing  implementation  of
such agreement.  In addition, a participant shall pay all costs incurred
by the state up to the effective date of such agreement.
  S  11.  Section  27-1429  of  the  environmental  conservation law, as
amended by section 13 of part A of chapter 577 of the laws of  2004,  is
amended to read as follows:
S 27-1429. Permit waivers.
  The  department[,  by  and through the commissioner,] shall be EXEMPT,
AND SHALL BE authorized to exempt  a  person  from  the  requirement  to
obtain any state or local permit or other authorization for any activity

S. 724                              8

needed  to  implement a program for the investigation and/or remediation
of contamination AT OR EMANATING FROM A BROWNFIELD SITE;  provided  that
the  activity  is  conducted in a manner which satisfies all substantive
technical requirements applicable to like activity conducted pursuant to
a permit.
  S  12. Subdivision 1 of section 27-1431 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
  C. TO INSPECT FOR COMPLIANCE WITH THE SITE MANAGEMENT PLAN APPROVED BY
THE DEPARTMENT, INCLUDING (I) INSPECTION OF THE PERFORMANCE  OF  MAINTE-
NANCE,  MONITORING  AND  OPERATIONAL  ACTIVITIES REQUIRED AS PART OF THE
REMEDIAL PROGRAM FOR THE SITE, (II) INSPECTION FOR THE PURPOSE OF ASCER-
TAINING CURRENT USES OF THE SITE, AND (III) TAKING SAMPLES IN ACCORDANCE
WITH PARAGRAPH A OF THIS SUBDIVISION.
  S 13. Chapter 174 of the laws of 1968 constituting the New York  state
urban  development  corporation  act, is amended by adding a new section
16-v to read as follows:
  S 16-V. BROWNFIELDS SHOVEL-READY PROGRAM. 1. NOTWITHSTANDING ANY OTHER
PROVISION OF THIS ACT OR ANY OTHER LAW TO THE CONTRARY,  THE  PROVISIONS
OF  THIS  SECTION  SHALL  GOVERN  ANY  PROJECT UNDER THE AUSPICES OF THE
CORPORATION FOR URBAN DEVELOPMENT  AND  RESEARCH  OF  NEW  YORK  OR  ITS
SUCCESSOR  IN  INTEREST.  IT  IS  THE  INTENT OF THE LEGISLATURE AND THE
PURPOSE OF THIS LEGISLATION TO STIMULATE ECONOMIC DEVELOPMENT,  AFFORDA-
BLE  HOUSING,  COMMUNITY  REVITALIZATION, AND THE SITING OF PUBLIC AMEN-
ITIES ON BROWNFIELD SITES IN DISTRESSED URBAN AREAS.
  2. THE CHAIRMAN, IN COOPERATION WITH THE COMMISSIONER OF ENVIRONMENTAL
CONSERVATION, AND THE SECRETARY OF STATE, SHALL  DEVELOP  A  PROGRAM  TO
PRODUCE  NEW JOBS, AFFORDABLE HOUSING AND PUBLIC AMENITIES ON BROWNFIELD
SITES IN DISTRESSED URBAN AREAS, THE "BROWNFIELDS SHOVEL-READY PROGRAM".
THE CHAIRMAN IS AUTHORIZED TO CARRY OUT A PROGRAM WHICH WILL INCLUDE THE
ACQUISITION ASSESSMENT, DEMOLITION, CLEANUP, AND OTHER SITE  PREPARATION
COSTS  NECESSARY  TO  ACHIEVE  THE REUSE FOR THESE PURPOSES BY THE URBAN
DEVELOPMENT CORPORATION.
  3. ELIGIBLE SITES ARE LIMITED TO BROWNFIELD SITES,  AS  SUCH  TERM  IS
DEFINED IN SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW; AND
  A.  SITES THAT ARE PART OF A BROWNFIELD OPPORTUNITY AREA OR BROWNFIELD
OPPORTUNITY STUDY AREA PURSUANT TO SECTION 970-R OF THE GENERAL  MUNICI-
PAL LAW. THE DEVELOPMENT AND FUTURE USE OF SUCH SITE SHALL BE LIMITED TO
USES CONSISTENT WITH AN ADOPTED BROWNFIELD OPPORTUNITY AREA PLAN; OR
  B.  SITES  IDENTIFIED BY THE CHAIRMAN WHICH HAVE NOT ATTRACTED PRIVATE
REDEVELOPMENT INTEREST DUE TO THE DEGREE OF CONTAMINATION  AND  COST  OF
CORRECTION, PROVIDED THAT SUCH ACQUISITION AND REDEVELOPMENT IS CONSIST-
ENT  WITH USES ESTABLISHED, THROUGH A LOCAL PROCESS AND ANY RESTRICTIONS
OR LIMITATIONS REGARDING SUCH USES.
  4. THE CHAIRMAN SHALL GIVE PRIORITY TO:
  A. SITES LOCATED WITHIN A BROWNFIELD  OPPORTUNITY  AREA,  PURSUANT  TO
SECTION  970-R  OF THE GENERAL MUNICIPAL LAW. SPECIFICALLY, THE CHAIRMAN
WILL GIVE PRIORITY TO THE CONSIDERATION OF SITES  REFERRED  PURSUANT  TO
SECTION 970-R OF THE GENERAL MUNICIPAL LAW; AND
  B.  PROJECTS  IN  WHICH  THE  END USE WILL BE LOW- AND MODERATE-INCOME
RESIDENTIAL PROPERTY.
  5. EMINENT DOMAIN RESTRICTIONS. A. FOR SITES LOCATED WITHIN  A  BROWN-
FIELD OPPORTUNITY AREA, PURSUANT TO SECTION 970-R OF THE GENERAL MUNICI-
PAL LAW, THE CHAIRMAN SHALL ONLY USE EMINENT DOMAIN POWERS IF THE USE OF
SUCH  POWER  HAS  BEEN SPECIFICALLY DISCUSSED AND SUPPORTED BY THE LOCAL
COMMUNITY THROUGH THE COMPREHENSIVE BROWNFIELD OPPORTUNITY AREA PLANNING
PROCESS, AND IDENTIFIED IN A DESIGNATED BROWNFIELD OPPORTUNITY AREA.

S. 724                              9

  B. FOR ALL OTHER PROJECTS THE CHAIRMAN SHALL NOT EXERCISE ANY  EMINENT
DOMAIN POWERS PROVIDED FOR IN THIS ACT.
  6.  THE  CHAIRMAN IS AUTHORIZED TO ENTER INTO CONTRACTS TO PREPARE THE
SITE; INCLUDING THE SITE ASSESSMENT, DEMOLITION, CLEANUP AND OTHER  SITE
PREPARATION NECESSARY TO ACHIEVE THE SATISFACTION OF THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION.
  7.  BY DECEMBER THIRTY-FIRST, TWO THOUSAND FOURTEEN THE CHAIRMAN SHALL
DEVELOP REGULATIONS FOR THE IMPLEMENTATION OF THIS PROGRAM. AT  A  MINI-
MUM, SUCH REGULATIONS SHALL INCLUDE PROVISIONS STIPULATING:
  A. THAT TO ACHIEVE THE PREPARATION AND REMEDIATION OF BROWNFIELD SITES
TO  BE  OFFERED  TO DEVELOPERS OR MANUFACTURERS FOR ONE DOLLAR AND OTHER
GOOD AND VALUABLE CONSIDERATION. SUCH SITES MAY BE SUBDIVIDED  PRIOR  TO
BEING OFFERED.
  B.  IN  RETURN  FOR  A REMEDIATED SITE SOLD FOR ONE DOLLAR, DEVELOPERS
WOULD AGREE TO:
  I. BUILD QUALITY BUILDINGS AT A MINIMUM COST OF  THIRTY-EIGHT  DOLLARS
PER SQUARE FOOT;
  II.  MEET  THE  LEADERSHIP  IN  ENERGY AND ENVIRONMENTAL DESIGN (LEED)
GREEN BUILDING RATING SYSTEM IN THE BUILDING CONSTRUCTION;
  III. PROVIDE A MINIMUM OF ONE NEW JOB PER ONE THOUSAND SQUARE FEET  OF
BUILDING SPACE;
  IV.  PAY  A MINIMUM OF TEN DOLLARS AND FIFTY CENTS PER HOUR PLUS BENE-
FITS;
  V. HIRE AT LEAST SEVENTY PERCENT  OF  ITS  WORKFORCE  FROM  THE  LOCAL
COMMUNITY; AND
  VI.  ALL  REASONABLE  RESTRICTIONS  AND LIMITATIONS ESTABLISHED BY THE
CORPORATION FOR THE BROWNFIELD SITE IDENTIFIED IN  THE  CITIZEN  PARTIC-
IPATION ACTIVITIES.
  C. IN THE CASE THAT A REMEDIATED SITE IS SOLD TO AN AFFORDABLE HOUSING
DEVELOPER,  THE  DEVELOPER  SHALL BUILD HOUSING UNITS IN ACCORDANCE WITH
THE STATE'S AFFORDABILITY GUIDELINES.
  D. THE CORPORATION'S CITIZEN PARTICIPATION PLAN. THE  CITIZEN  PARTIC-
IPATION  PLAN  SHALL  CONSIDER  THE  LEVEL OF CITIZEN INVOLVEMENT, LOCAL
INTEREST AND HISTORY, AND OTHER RELEVANT FACTORS. WHILE RETAINING FLEXI-
BILITY, CITIZEN PARTICIPATION PLANS SHALL EMBODY THE  FOLLOWING  PRINCI-
PLES  OF  MEANINGFUL  CITIZEN  PARTICIPATION,  AND  AT  A  MINIMUM SHALL
INCLUDE:
  I. AN IDENTIFICATION OF THE INTERESTED PUBLIC  AND  PREPARATION  OF  A
BROWNFIELD SITE CONTACT LIST;
  II.  IDENTIFICATION  OF  MAJOR ISSUES OF PUBLIC CONCERN RELATED TO THE
BROWNFIELD SITE;
  III. A DESCRIPTION AND SCHEDULE OF ANY ADDITIONAL PUBLIC PARTICIPATION
ACTIVITIES NEEDED TO ADDRESS PUBLIC CONCERNS;
  IV. PROVISIONS FOR NOTICE WITH RESPECT TO THE ACQUISITION, ASSESSMENT,
DEMOLITION, CLEANUP, AND OTHER SITE PREPARATION COSTS AND INTENDED REUSE
OF A SITE;
  V. SPECIFIC  CONSULTATION  REGARDING  SUPPORT  FOR  THE  CORPORATION'S
ACQUIRING THE BROWNFIELD SITE, INTENDED REUSE AND ANY REASONABLE LIMITA-
TIONS OR CONDITIONS ON THE REDEVELOPMENT OF THE BROWNFIELD SITE; AND
  VI.  PROVISIONS  TO  PROVIDE SEPARATE NOTICE OF ALL REASONABLE LIMITA-
TIONS OR CONDITIONS IDENTIFIED IN  THE  PUBLIC  PARTICIPATION  THAT  THE
CORPORATION  HAS, WILL BE REQUIRED FOR THE DEVELOPMENT OF THE BROWNFIELD
SITE.
  S 14. Paragraph 3 of subdivision (a) of section 21 of the tax law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:

S. 724                             10

  (3) Tangible property credit component. The tangible  property  credit
component  shall  be  equal  to the applicable percentage of the cost or
other basis for federal income tax purposes of tangible personal proper-
ty and other  tangible  property,  including  buildings  and  structural
components  of  buildings, which constitute qualified tangible property;
provided[, however,] that in determining the cost or other basis of such
property[,] the taxpayer MAY INCLUDE THE COSTS  INCURRED  IN  CONNECTION
WITH PREPARING A SITE FOR THE ERECTION OF A BUILDING OR A COMPONENT OF A
BUILDING,  SUCH  AS  THE  COST OF EXCAVATION, TEMPORARY ELECTRIC WIRING,
SCAFFOLDING, FENCING AND SECURITY FACILITIES, TO THE  EXTENT  THAT  SUCH
COSTS  ARE NOT USED AS A BASIS FOR COMPUTING THE SITE PREPARATION COMPO-
NENT OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT  PURSUANT  TO  PARAGRAPH
TWO  OF  THIS  SUBDIVISION; AND PROVIDED FURTHER THAT THE TAXPAYER shall
exclude the acquisition cost of any item of  property  with  respect  to
which a credit under this section was allowable to another taxpayer. The
credit  component  amount so determined shall be allowed for the taxable
year in which such qualified tangible property is placed in service on a
qualified site with respect to which a  certificate  of  completion  has
been  issued  to  the  taxpayer,  OR  FOR  THE TAXABLE YEAR IN WHICH THE
CERTIFICATE OF COMPLETION IS ISSUED IF THE QUALIFIED  TANGIBLE  PROPERTY
IS  PLACED  IN  SERVICE  PRIOR  TO  THE  ISSUANCE  OF THE CERTIFICATE OF
COMPLETION, for up to ten taxable years after the date of  the  issuance
of  such  certificate of completion. The tangible property credit compo-
nent shall be allowed with respect to property leased to a second  party
only  if such second party is either (i) not a party responsible for the
disposal of hazardous waste or the discharge of petroleum  at  the  site
according to applicable principles of statutory or common law liability,
or (ii) a party responsible according to applicable principles of statu-
tory  or  common  law  liability if such party's liability arises solely
from operation of the site subsequent to the disposal of hazardous waste
or the discharge of petroleum, and is so certified by  the  commissioner
of  environmental  conservation at the request of the taxpayer, pursuant
to section 27-1419 of the environmental conservation law.  Notwithstand-
ing any other provision of law to the contrary, in the case of allowance
of  credit  under  this section to such a lessor, the commissioner shall
have the authority to  reveal  to  such  lessor  any  information,  with
respect  to  the issue of qualified use of property by the lessee, which
is the basis for the denial in whole or in part, or for  the  recapture,
of the credit claimed by such lessor. For purposes of the tangible prop-
erty  credit  component  allowed under this section the taxpayer to whom
the certificate of completion is issued, as provided for under  subdivi-
sion  five of section 27-1419 of the environmental conservation law, may
transfer the benefits and burdens  of  the  certificate  of  completion,
which  run  with  the  land and to the applicant's successors or assigns
upon transfer or sale of all or any portion of an interest or estate  in
the qualified site. However, the taxpayer to whom certificate's benefits
and  burdens are transferred shall not include the cost of acquiring all
or any portion of an interest or estate in  the  site  and  the  amounts
included  in  the cost or other basis for federal income tax purposes of
qualified tangible property already claimed  by  the  previous  taxpayer
pursuant to this section.
  S  15. Subparagraph (D) of paragraph 3-a of subdivision (a) of section
21 of the tax law is REPEALED.
  S 16. Paragraphs 5 and 6 of subdivision (a) of section 21 of  the  tax
law,  as  amended  by  section 1 of part H of chapter 577 of the laws of
2004, are amended to read as follows:

S. 724                             11

  (5) Applicable percentage. For purposes of COMPUTING THE SITE PREPARA-
TION AND ON-SITE GROUNDWATER REMEDIATION COMPONENTS  PURSUANT  TO  para-
graphs  two[,  three] and four of this subdivision, WITH RESPECT TO SUCH
QUALIFIED SITES FOR WHICH THE DEPARTMENT HAS  ISSUED  A  NOTICE  TO  THE
TAXPAYER  BEFORE JUNE TWENTY-THIRD, TWO THOUSAND ELEVEN THAT ITS REQUEST
FOR PARTICIPATION HAS BEEN ACCEPTED UNDER  SUBDIVISION  SIX  OF  SECTION
27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW, OR WHERE THE TAXPAYER HAS
EITHER  BEEN ISSUED OR RECEIVED A CERTIFICATE OF COMPLETION FROM ANOTHER
TAXPAYER UNDER SECTION 27-1419 OF  THE  ENVIRONMENTAL  CONSERVATION  LAW
BEFORE JUNE TWENTY-THIRD, TWO THOUSAND TEN, AND, FOR PURPOSES OF COMPUT-
ING  THE TANGIBLE PROPERTY COMPONENT PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION WITH RESPECT TO SUCH QUALIFIED SITES FOR WHICH  THE  DEPART-
MENT HAS ISSUED A NOTICE TO THE TAXPAYER BEFORE JULY FIRST, TWO THOUSAND
FOURTEEN  THAT  ITS  REQUEST  FOR  PARTICIPATION HAS BEEN ACCEPTED UNDER
SUBDIVISION SIX OF SECTION 27-1407  OF  THE  ENVIRONMENTAL  CONSERVATION
LAW,  OR WHERE THE TAXPAYER HAS EITHER BEEN ISSUED OR RECEIVED A CERTIF-
ICATE OF COMPLETION FROM ANOTHER TAXPAYER UNDER SECTION 27-1419  OF  THE
ENVIRONMENTAL CONSERVATION LAW BEFORE JULY FIRST, TWO THOUSAND FOURTEEN,
the applicable percentage shall be twelve percent in the case of credits
claimed  under  article nine, nine-A, thirty-two or thirty-three of this
chapter, and ten percent in the case of credits  claimed  under  article
twenty-two  of this chapter, except that where at least fifty percent of
the area of the qualified site relating to the credit  provided  for  in
this section is located in an environmental zone as defined in paragraph
six  of subdivision (b) of this section, the applicable percentage shall
be increased by an  additional  eight  percent.  Provided,  however,  as
afforded  in  section  27-1419 of the environmental conservation law, if
the certificate of completion indicates that the qualified site has been
remediated to Track 1 as that term is described in subdivision  four  of
section  27-1415  of  the environmental conservation law, the applicable
percentage set forth in the first sentence of this  paragraph  shall  be
increased  by  an additional two percent.  ALL OTHER APPLICABLE PERCENT-
AGES ARE SET FORTH IN SECTION 27-1419 OF THE ENVIRONMENTAL  CONSERVATION
LAW.
  (6)  Site  preparation costs and on-site groundwater remediation costs
paid or incurred by the taxpayer with respect to a  qualified  site  and
the  cost  or  other  basis  for federal income tax purposes of tangible
personal property and other tangible property, including  buildings  and
structural  components of buildings, which constitute qualified tangible
property shall only include costs [paid or] incurred by the taxpayer  on
or  after  the date of the brownfield site cleanup agreement executed by
the taxpayer and the department of environmental  conservation  pursuant
to section 27-1409 of the environmental conservation law.
  S  17.  Paragraphs 2 and 6 of subdivision (b) of section 21 of the tax
law, as amended by section 1 of part H of chapter 577  of  the  laws  of
2004,  subparagraph  (B)  and  the  closing  paragraph of paragraph 6 as
amended by section 1 of part G of chapter 62 of the laws  of  2006,  are
amended to read as follows:
  (2)  Site  preparation  costs. The term "site preparation costs" shall
mean all amounts properly chargeable to a capital account, (i) which are
[paid or] incurred in connection  with  a  site's  qualification  for  a
certificate  of completion AND ATTRIBUTABLE TO ACTIVITIES SPECIFIED IN A
REMEDIAL WORK PLAN APPROVED BY THE COMMISSIONER OF ENVIRONMENTAL CONSER-
VATION UNDER SECTION 27-1411 OF THE ENVIRONMENTAL CONSERVATION LAW,  and
(ii)  WITH  RESPECT  TO  ANY QUALIFIED SITE FOR WHICH THE DEPARTMENT HAS
ISSUED A NOTICE TO THE TAXPAYER BEFORE JULY FIRST, TWO THOUSAND FOURTEEN

S. 724                             12

THAT ITS REQUEST FOR PARTICIPATION HAS BEEN ACCEPTED  UNDER  SUBDIVISION
SIX  OF  SECTION 27-1407 OF THE ENVIRONMENTAL CONSERVATION LAW, OR WHERE
THE TAXPAYER RECEIVED A CERTIFICATE OF COMPLETION FROM ANOTHER  TAXPAYER
UNDER  SECTION 27-1419 OF THE ENVIRONMENTAL CONSERVATION LAW BEFORE JULY
FIRST, TWO THOUSAND FOURTEEN, all other site preparation costs  paid  or
incurred  in  connection  with  preparing  a  site for the erection of a
building or a component of a building, or otherwise to establish a  site
as  usable  for  its  industrial,  commercial  (including the commercial
development  of  residential  housing),  recreational  or   conservation
purposes.  [Site] FOR PURPOSES OF THIS PARAGRAPH, SITE preparation costs
shall include, but not be limited to, the costs of excavation, temporary
electric wiring, scaffolding, demolition costs, and the costs of fencing
and security facilities. Site preparation costs shall  not  include  the
cost of acquiring the site and shall not include amounts included in the
cost  or other basis for federal income tax purposes of qualified tangi-
ble property, as described in paragraph three of this subdivision.
  (6) Environmental zones (EN-Zones). An "environmental zone" shall mean
an area designated as such by the commissioner of economic  development.
Such  areas  so  designated  are areas which are census tracts and block
numbering areas which, as of the  [two  thousand]  MOST  RECENT  census,
satisfy either of the following criteria:
  (A) areas that have both:
  (i)  a  poverty  rate of at least twenty percent for the year to which
the data relate; and
  (ii) an unemployment rate of at least one and  one-quarter  times  the
statewide unemployment rate for the year to which the data relate, or;
  (B)  areas  that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate [provided, however, that a qualified site shall only  be
deemed  to  be  located in an environmental zone under this subparagraph
(B) if such site was the subject of a brownfield site cleanup  agreement
pursuant  to  section 27-1409 of the environmental conservation law that
was entered into prior to September first, two thousand ten].
  Such designation shall be made and a list of  all  such  environmental
zones  shall  be established by the commissioner of economic development
no later than [December thirty-first, two thousand four provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the subject of a brownfield site cleanup agreement pursuant  to  section
27-1409  of  the  environmental  conservation  law that was entered into
prior to September first, two thousand ten] NINETY  DAYS  FOLLOWING  THE
OFFICIAL PUBLICATION OF THE MOST RECENT CENSUS.
  S 18. Section 171-r of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
  (E) THE COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF ENVIRON-
MENTAL  CONSERVATION, SHALL PUBLISH BY SEPTEMBER THIRTY-FIRST, TWO THOU-
SAND FOURTEEN A SUPPLEMENTAL BROWNFIELD  CREDIT  REPORT  CONTAINING  THE
INFORMATION  REQUIRED  BY THIS SECTION ABOUT THE CREDITS CLAIMED FOR THE
YEARS TWO THOUSAND SEVEN, TWO THOUSAND NINE, AND TWO THOUSAND ELEVEN.
  S 19. Subdivision 1 of section 970-r of the general municipal law,  as
amended by section 1 of part F of chapter 577 of the laws of 2004, para-
graph  a  as amended and paragraph h as added by chapter 386 of the laws
of 2007 and paragraph e as amended and paragraph i as added  by  chapter
390 of the laws of 2008, is amended to read as follows:

S. 724                             13

  1.  Definitions. a. "Applicant" shall mean the municipality, community
board  and/or  community based organization submitting an application in
the manner authorized by this section.
  b.   "BROWNFIELD OPPORTUNITY AREA" SHALL MEAN A STUDY AREA ACCEPTED BY
THE SECRETARY IN CONNECTION WITH A FUNDING AWARD MADE PURSUANT  TO  THIS
SECTION  OR  A  BROWNFIELD  OPPORTUNITY AREA DESIGNATED BY THE SECRETARY
PURSUANT TO THIS SECTION.
  C. "Commissioner" shall mean the commissioner  of  the  department  of
environmental conservation.
  [c.]  D.  "Community  based  organization" shall mean a not-for-profit
corporation exempt from taxation under section 501(c)(3) of the internal
revenue code whose stated mission is promoting reuse of brownfield sites
within a specified geographic area in which the community  based  organ-
ization  is  located; which has twenty-five percent or more of its board
of directors residing in the community in such area;  and  represents  a
community with a demonstrated financial need. "Community based organiza-
tion"  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
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.
  [d.] E. "Brownfield site" shall have the same meaning as set forth  in
section 27-1405 of the environmental conservation law.
  [e.] F. "Department" shall mean the department of state.
  [f.]  G. "Contamination" or "contaminated" shall have the same meaning
as provided in section 27-1405 of the environmental conservation law.
  [g.] H. "Municipality" shall have the same meaning  as  set  forth  in
subdivision fifteen of section 56-0101 of the environmental conservation
law.
  [h.]  I. "Community board" shall have the same meaning as set forth in
section twenty-eight hundred of the New York city charter.
  [i.] J. "Secretary" shall mean the secretary of state.
  S 20. Paragraph b of subdivision 2 of section  970-r  of  the  general
municipal  law, as added by section 1 of part F of chapter 1 of the laws
of 2003, is amended to read as follows:
  b. Activities eligible to receive such assistance shall  include,  but
are  not  limited  to, the assembly and development of basic information
about:
  (1) the borders of the [proposed] brownfield opportunity area;
  (2) the number and size of brownfield sites;
  (3) current and anticipated uses of the properties in  the  [proposed]
BROWNFIELD OPPORTUNITY area;
  (4)  current  and  anticipated future conditions of groundwater in the
[proposed] BROWNFIELD OPPORTUNITY area;
  (5) known data about the environmental conditions of the properties in
the [proposed] BROWNFIELD OPPORTUNITY area;
  (6) ownership of the properties in the [proposed] BROWNFIELD  OPPORTU-
NITY area; and

S. 724                             14

  (7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions.
  S  21.  Subdivision 2 of section 970-r of the general municipal law is
amended by adding a new paragraph h to read as follows:
  H. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED  TO  THE
DEPARTMENT   OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL  ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE  COMMISSIONER  SHALL  ALLOCATE  SUCH
FUNDS TO THE SECRETARY.
  S  22.  Paragraphs  b  and  d of subdivision 3 of section 970-r of the
general municipal law, paragraph b as amended by chapter 390 of the laws
of 2008 and paragraph d as added by section 1 of part F of chapter 1  of
the  laws of 2003, are amended and a new paragraph j is added to read as
follows:
  b. An application for such financial assistance shall include an indi-
cation of support from owners of brownfield sites in the proposed brown-
field opportunity  area.  All  residents  and  property  owners  in  the
proposed  brownfield opportunity area shall receive notice OF THE APPLI-
CATION in such form and manner as the secretary shall prescribe.
  d. Activities eligible to  receive  such  financial  assistance  shall
include  the  identification,  preparation,  creation,  development  and
assembly of information and elements to be included in a nomination  for
designation  of a brownfield opportunity area, including but not limited
to:
  (1) A PLAN FOR THE REDEVELOPMENT AND REVITALIZATION OF THE  BROWNFIELD
OPPORTUNITY AREA, THAT CONTAINS BUT IS NOT LIMITED TO:
  (I) the borders of the proposed brownfield opportunity area;
  [(2)]  (II) the location of each known or suspected brownfield site in
the proposed brownfield opportunity area;
  [(3)] (III) EXISTING DETAILED  ASSESSMENTS  OF  INDIVIDUAL  BROWNFIELD
SITES  AND,  WHERE  THE CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE
NEED FOR CONDUCTING ON-SITE ASSESSMENTS;
  (IV) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS  OF  PROPERTIES  IN
THE BROWNFIELD OPPORTUNITY AREA;
  (V) OWNERSHIP OF THE PROPERTIES IN THE BROWNFIELD OPPORTUNITY AREA;
  (VI)  THE GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR THE
ECONOMIC REVITALIZATION OF THE BROWNFIELD OPPORTUNITY AREA;
  (VII) IDENTIFICATION OF THE PUBLICLY CONTROLLED AND  DEVELOPABLE  LAND
AND  BUILDINGS WITHIN THE BROWNFIELD OPPORTUNITY AREA WHICH ARE OR COULD
BE MADE AVAILABLE FOR DEVELOPMENT; AND
  (VIII) the identification  of  strategic  sites  within  the  proposed
brownfield  opportunity  area  AND  THE  DEVELOPMENT  OF  STRATEGIES FOR
IMPROVING THE LIKELIHOOD THAT SUCH STRATEGIC SITES ARE REUSED OR  DEVEL-
OPED CONSISTENT WITH THE BROWNFIELD OPPORTUNITY AREA;
  [(4)] (2) AND IMPLEMENTATION STRATEGY THAT INCLUDES BUT IS NOT LIMITED
TO:
  (I)  the  type  of potential developments anticipated for sites within
the proposed brownfield opportunity area proposed by either the  current
or the prospective owners of such sites;
  [(5)]  (II)  local  legislative  or  regulatory  action  which  may be
required to implement a plan  for  the  redevelopment  of  the  proposed
brownfield opportunity area;
  [(6)]  (III)  priorities  for public and private investment in infras-
tructure, open space, economic development, housing, or community facil-
ities in the proposed brownfield opportunity area, INCLUDING THOSE AREAS

S. 724                             15

THAT MAY BE ELIGIBLE FOR  PRIORITY  OR  PREFERENCE  IN  ACCORDANCE  WITH
SUBDIVISION FIVE OF THIS SECTION;
  [(7)]  (IV)  mapping of current and anticipated uses of the properties
and groundwater in the proposed brownfield opportunity area;
  [(8) existing detailed assessments of individual brownfield sites and,
where the consent of the site owner has  been  obtained,  the  need  for
conducting on-site assessments;
  (9) known data about the environmental conditions of properties in the
proposed brownfield opportunity area;
  (10)  ownership  of the properties in the proposed brownfield opportu-
nity area;] AND
  [(11)] (V) descriptions of possible remediation strategies, brownfield
redevelopment, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions[;
  (12) the goals and objectives, both short term and long term, for  the
economic revitalization of the proposed brownfield opportunity area; and
  (13) the publicly controlled and other developable lands and buildings
within  the  proposed  brownfield opportunity area which are or could be
made available for residential, industrial and commercial development].
  J. TO THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED  TO  THE
DEPARTMENT   OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL  ASSISTANCE
AUTHORIZED IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE  SUCH
FUNDS TO THE SECRETARY.
  S  23. Subdivision 4 of section 970-r of the general municipal law, as
amended by chapter 390 of the laws  of  2008,  is  amended  to  read  as
follows:
  4. Designation of brownfield opportunity area. A. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who shall determine whether
it  is  consistent with the provisions of this section. If the secretary
determines that the nomination is consistent with the provisions of this
section, the brownfield opportunity area shall  be  designated.  If  the
secretary  determines  that  the  nomination  is not consistent with the
provisions of this section, the secretary shall make recommendations  in
writing  to  the  applicant  of the manner and nature in which the nomi-
nation should be amended.
  B. THE SECRETARY SHALL MAKE  THE  DETERMINATION  REGARDING  WHETHER  A
QUALIFIED  SITE  SUBJECT TO A BROWNFIELD SITE CLEANUP AGREEMENT PURSUANT
TO SECTION 27-1409 OF THE ENVIRONMENTAL CONSERVATION LAW  IS  CONSISTENT
WITH  A  DESIGNATED  BROWNFIELD  OPPORTUNITY  AREA.  THE SECRETARY SHALL
PROMULGATE REGULATIONS TO ESTABLISH THE PROCESS, CRITERIA AND TIMING  IT
SHALL  APPLY  IN  MAKING  DETERMINATIONS  WHETHER  A  QUALIFIED  SITE IS
CONSISTENT WITH A DESIGNATED BROWNFIELD OPPORTUNITY AREA.
  S 24. Subdivision 5 of section 970-r of the general municipal law,  as
added  by  section  1  of  part  F  of chapter 1 of the laws of 2003, is
amended to read as follows:
  5. Priority and preference. The designation of a  brownfield  opportu-
nity  area  pursuant  to this section is intended to serve as a planning
tool.  It alone shall not impose any new obligations on any property  or
property owner.
  A.  UPON  THE  AWARD OF FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION,
THE SECRETARY  SHALL  NOTIFY  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
TRANSPORTATION, THE DEPARTMENT OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, AND THE EMPIRE STATE DEVELOPMENT CORPORATION OF SUCH ASSISTANCE,

S. 724                             16

AND  INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT  INFORMATION  CONCERN-
ING,  WITHOUT LIMITATION, LAND USES, CAPITAL PROJECTS AND PLANS RELATING
TO  PROPERTIES  OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTUNITY AREA
STUDY AREA, EXISTING PLANS AND  PLANNING  DOCUMENTS,  DEMOGRAPHICS,  AND
LOCATION,  MAPS  AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC FACILI-
TIES AND INFRASTRUCTURE.
  B. UPON THE AWARD OF FINANCIAL ASSISTANCE PURSUANT  TO  THIS  SECTION,
THE  SECRETARY  SHALL NOTIFY RELEVANT FEDERAL AND LOCAL AGENCIES OF SUCH
ASSISTANCE, AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWN-
FIELD OPPORTUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION
CONCERNING, WITHOUT LIMITATION, LAND USES, CAPITAL  PROJECTS  AND  PLANS
RELATING  TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTU-
NITY AREA, EXISTING PLANS  AND  PLANNING  DOCUMENTS,  DEMOGRAPHICS,  AND
LOCATION,  MAPS  AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC FACILI-
TIES AND INFRASTRUCTURE.
  C. WITHIN SIX MONTHS OF AN AWARD OF FINANCIAL ASSISTANCE  PURSUANT  TO
THIS  SECTION, THE SECRETARY SHALL SEEK COOPERATION FROM RELEVANT FEDER-
AL, STATE AND LOCAL AGENCIES  IN  THE  GATHERING  OF  INFORMATION  ABOUT
RESOURCES  AND/OR PROGRAMS THAT MAY BE RELEVANT TO THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA.
  D. To the extent authorized by law, projects in brownfield opportunity
areas designated pursuant to this section shall receive a  priority  and
preference when considered for financial assistance pursuant to articles
fifty-four and fifty-six of the environmental conservation law.
  E. To the extent authorized by law, projects in brownfield opportunity
areas  designated  pursuant  to  this section may receive a priority and
preference when considered for financial AND OTHER  assistance  pursuant
to any other state, federal or local law.
  F.  THE  SECRETARY  SHALL  TAKE  SUCH  MEASURES AS MAY BE NECESSARY TO
DETERMINE THE AVAILABILITY OF SUCH FINANCIAL AND OTHER ASSISTANCE AND TO
SEEK COOPERATION WITH  OTHER  STATE,  FEDERAL  AND  LOCAL  OFFICIALS  IN
PROVIDING  A  PRIORITY  AND  PREFERENCE  TO  APPLICANTS PURSUANT TO THIS
SUBDIVISION.
  G. THE SECRETARY SHALL, IN CONSULTATION  WITH  OTHER  STATE  AGENCIES,
ISSUE A BROWNFIELD OPPORTUNITY AREA PREFERENCE AND PRIORITY REPORT WITH-
IN  ONE YEAR OF THE EFFECTIVE DATE OF THIS PARAGRAPH AND EACH SUBSEQUENT
YEAR THEREAFTER, IDENTIFYING FUNDING PROGRAMS AND RESOURCES RELEVANT  TO
AND  UTILIZED  IN  THE  IMPLEMENTATION  OF BROWNFIELD OPPORTUNITY AREAS.
STATE AGENCIES SHALL PROVIDE PREFERENCE AND PRIORITY FOR PROJECTS  BUILT
CONSISTENT  WITH  A  DESIGNATED  BROWNFIELD  OPPORTUNITY AREA IN FUNDING
PROGRAMS IDENTIFIED IN THE REPORT, INCLUDING BUT NOT LIMITED TO, MODIFY-
ING PROGRAM ELIGIBILITY AND RANKING CRITERIA TO PROVIDE  FOR  PREFERENCE
AND  PRIORITY FOR PROJECTS BUILT CONSISTENT WITH A DESIGNATED BROWNFIELD
OPPORTUNITY AREA.
  H. FOR TEN YEARS FOLLOWING NOTIFICATION OF FINANCIAL ASSISTANCE, MUNI-
CIPALITIES, COMMUNITY BASED ORGANIZATIONS AND COMMUNITY  BOARDS  AWARDED
FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS SECTION SHALL SUBMIT AN ANNUAL
REPORT TO THE SECRETARY PROJECTING THE FUNDING, AND ANY OTHER  RESOURCES
NEEDED  TO  ADVANCE  THE OBJECTIVES OF THEIR BROWNFIELD OPPORTUNITY AREA
PLANS.
  S 25. Subdivision 6 of section 970-r of the general municipal law,  as
added by section 1 of part F of chapter 1 of the laws of 2003, paragraph
a  as  amended  by  chapter  386  of the laws of 2007 and paragraph h as
amended by section 1 of part F of chapter 577 of the laws  of  2004,  is
amended to read as follows:

S. 724                             17

  6.  State  assistance for [brownfield site assessments in] IMPLEMENTA-
TION STRATEGIES FOR brownfield opportunity areas. a. Within  the  limits
of appropriations therefor, the [commissioner, in consultation with the]
secretary  [of state,] is authorized to provide, on a competitive basis,
financial  assistance  to  municipalities,  to community based organiza-
tions, to community boards, or to  municipalities  and  community  based
organizations  acting in cooperation to conduct [brownfield site assess-
ments]  IMPLEMENTATION  STRATEGIES  in  a  brownfield  opportunity  area
[designated  pursuant  to this section]. Such financial assistance shall
not exceed ninety percent of the costs of such brownfield [site  assess-
ment] OPPORTUNITY AREA IMPLEMENTATION STRATEGIES.
  b.  [Brownfield  sites eligible for such assistance must be owned by a
municipality, or volunteer as such term is defined in section 27-1405 of
the environmental conservation law.
  c. Brownfield site assessment  activities]  IMPLEMENTATION  STRATEGIES
eligible for funding include, but are not limited to[,]:
  (I)  testing  of  properties to determine the nature and extent of the
contamination (including soil and  groundwater),  environmental  assess-
ments,  IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF THE COMMISSIONER,
the development of a proposed remediation strategy to address any  iden-
tified contamination, IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF THE
COMMISSIONER,  and  any  other  activities  deemed  appropriate  by  the
[commissioner in consultation with the] secretary [of state]. [Any envi-
ronmental assessment shall be subject to the review and approval of such
commissioner] BROWNFIELD SITES ELIGIBLE  FOR  SUCH  ASSISTANCE  MUST  BE
OWNED  BY A MUNICIPALITY OR VOLUNTEER AS SUCH TERM IS DEFINED IN SECTION
27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW;
  (II) ACTIONS TO EFFECTUATE LOCAL LAND USE  CHANGES,  INCLUDING  ZONING
AND NECESSARY LOCAL LAW AMENDMENTS IDENTIFIED IN THE BROWNFIELD OPPORTU-
NITY AREA;
  (III)  ESTABLISHING  DESIGN STANDARDS AND DESIGN GUIDELINES, INCLUDING
REQUIREMENTS FOR  ENERGY  EFFICIENCY,  GREEN  INFRASTRUCTURE  AND  WATER
RE-USE AND OTHER SUSTAINABILITY AND GREEN DESIGN ELEMENTS;
  (IV)  THE  CARRYING  OUT  OF ACTIVITIES TO MARKET STRATEGIC SITES IN A
BROWNFIELD OPPORTUNITY AREA AND OTHER ACTIVITIES  TO  ATTRACT  DEVELOPER
INTEREST; AND
  (V)  CARRYING  OUT  OF OTHER PRE-DEVELOPMENT ACTIVITIES TO ADVANCE THE
BROWNFIELD OPPORTUNITY AREA.
  [d.] C. Applications for such assistance shall  be  submitted  to  the
[commissioner]  SECRETARY  in a format, and containing such information,
as prescribed by the [commissioner in consultation with  the]  secretary
[of state].
  [e.]  D.  Funding  preferences shall be given to applications for such
assistance that relate to areas having one  or  more  of  the  following
characteristics:
  (1)  areas  for  which the application is a partnered application by a
municipality and a community based organization;
  (2) areas with concentrations of brownfield sites;
  (3) areas for which the application demonstrates support from a  muni-
cipality and a community based organization;
  (4)  areas showing indicators of economic distress including low resi-
dent  incomes,  high  unemployment,  high  commercial   vacancy   rates,
depressed property values; and
  (5)  areas with brownfield sites presenting strategic opportunities to
stimulate economic development, community revitalization or  the  siting
of public amenities.

S. 724                             18

  [f.]  E. The [commissioner] SECRETARY, upon the receipt of an applica-
tion for such assistance from a  community  based  organization  not  in
cooperation  with  the  local  government  having  jurisdiction over the
proposed  brownfield  opportunity  area,  shall  request  the  municipal
government  to  review  and  state the municipal government's support or
lack of support. The municipal government's statement shall  be  consid-
ered a part of the application.
  [g.]  F.  Prior  to making an award for assistance, the [commissioner]
SECRETARY shall notify the temporary president of  the  senate  and  the
speaker of the assembly.
  [h.]  G.  Following  notification to the applicant that assistance has
been awarded, and prior to disbursement of funds, a  contract  shall  be
executed  between the department and the applicant or co-applicants. The
[commissioner] SECRETARY shall establish terms and conditions  for  such
contracts  as the [commissioner] SECRETARY deems appropriate [in consul-
tation with the secretary of state],  including  provisions  to  define:
applicant's  work scope, work schedule, and deliverables; fiscal reports
on budgeted and actual use  of  funds  expended;  and  requirements  for
submission of a final fiscal report. The contract shall also require the
distribution  of  work  products  to  the department, and, for community
based organizations, to the applicant's municipality.  Applicants  shall
be  required to make the results publicly available. Such contract shall
further include a provision providing  that  if  any  responsible  party
payments  become available to the applicant, the amount of such payments
attributable to expenses paid by the award shall be paid to the  depart-
ment  by the applicant; provided that the applicant may first apply such
responsible party payments towards actual project costs incurred by  the
applicant.
  H.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 26. Subdivision 7 of section 970-r of the general municipal law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:
  7. Amendments to designated area. Any proposed amendment to  a  brown-
field  opportunity  area  designated  pursuant  to this section shall be
proposed TO, and reviewed by the secretary[,  in  the  same  manner  and
using  the  same criteria set forth in this section and applicable to an
initial nomination for  the  designation  of  a  brownfield  opportunity
area].  THE  SECRETARY  SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND
TIMEFRAMES FOR REVIEW AND APPROVAL OF AMENDMENTS.
  S 27. Subdivision 8 of section 970-r of the general municipal law,  as
added  by  section  1  of  part  F  of chapter 1 of the laws of 2003, is
amended to read as follows:
  8. Applications. a. All applications for pre-nomination study  assist-
ance  or  applications  for designation of a brownfield opportunity area
shall demonstrate that the following community participation  activities
have been or will be performed by the applicant:
  (1)  identification  of  the  interested  public  and preparation of a
contact list;
  (2) identification of major issues of public concern;
  (3) provision [to] FOR access to the draft and final  application  for
pre-nomination  assistance  and  brownfield opportunity area designation
supporting documents in a manner convenient to the public;

S. 724                             19

  (4) public notice and newspaper notice of (i) the intent of the  muni-
cipality  and/or community based organization to undertake a pre-nomina-
tion process or prepare a brownfield opportunity area plan, and (ii) the
availability of such application.
  b.  Application  for nomination of a brownfield opportunity area shall
provide the following minimum community participation activities:
  (1) a comment period of at least thirty days on a draft application;
  (2) a public meeting on a brownfield opportunity area  draft  applica-
tion.
  C.  AN  APPLICANT THAT HAS SATISFACTORILY SUBMITTED INFORMATION EQUIV-
ALENT TO A PRE-NOMINATION STUDY MAY FORGO A PRE-NOMINATION STUDY AND  IS
ELIGIBLE  TO  APPLY  FOR STATE ASSISTANCE FOR NOMINATIONS TO DESIGNATE A
BROWNFIELD OPPORTUNITY AREA.
  D. APPLICATIONS FOR PRE-NOMINATION  OR  NOMINATION  PURSUANT  TO  THIS
SECTION  MAY BE SUBMITTED TO THE SECRETARY AT ANY TIME DURING THE CALEN-
DAR YEAR.
  S 28. Severability clause. If any clause, sentence, paragraph,  subdi-
vision,  section  or  part of this act shall be adjudged by any court of
competent jurisdiction to be invalid, such judgment  shall  not  affect,
impair or invalidate the remainder thereof, but shall be confined in its
operation  to  the  clause, sentence, paragraph, subdivision, section or
part thereof directly involved in the controversy in which such judgment
shall have been rendered.  It is hereby declared to be the intent of the
legislature that this act would have been enacted even if  such  invalid
provisions had not been included herein.
  S 29. This act shall take effect immediately.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.