senate Bill S7632

Relates to conditions and procedures for undertaking an environmental restoration project

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Sponsor

O'BRIEN

Bill Status


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

  • 21 / May / 2014
    • REFERRED TO ENVIRONMENTAL CONSERVATION

Summary

Relates to conditions and procedures for undertaking an environmental restoration project.

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Bill Details

Versions:
S7632
Legislative Cycle:
2013-2014
Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§56-0503, 56-0505, 56-0508, 56-0502 & 56-0501, En Con L; amd §1285-q, Pub Auth L; amd §97-b, St Fin L

Sponsor Memo

BILL NUMBER:S7632

TITLE OF BILL: An act to amend the environmental conservation law,
the public authorities law, and the state finance law, in relation to
environmental restoration projects

PURPOSE: To authorize the Department of Environmental Conservation
(DEC) to undertake Environmental Restoration Projects on behalf of
municipalities and provide access to funding thereof.

SUMMARY OF PROVISIONS: The environmental conservation law is amended
to authorize DEC to undertake environmental restoration projects on
behalf of municipalities upon request.

The public authorities law is amended to authorize certain bond
proceeds to be used for environmental restoration program remediation
projects.

The state finance law is amended to conform to provisions of this
bill.

JUSTIFICATION: The Environmental Restoration Program (ERP) provides
grants to municipalities for the remediation of publicly owned
brownfield properties. Once remediated, these formerly contaminated
parcels are either repurposed for public benefit or sold and put back
into productive use and onto the tax roll.

Municipalities awarded grants through ERP often enter into contracts
with DEC remediation experts to perform the site cleanup work. This
bill simplifies cleanup agreements between municipalities and DEC by
allowing DEC to directly undertake remediation projects upon request
by a municipality.

Additionally, this bill authorizes funds reappropriated for the
finance of remediation projects through the state Superfund program to
also finance ERP remediation projects.

LEGISLATIVE HISTORY: This is a new bill.

FISCAL IMPLICATIONS: Potential savings may be realized from
streamlining the ERP contracting process. Financing for ERP grants
will come from existing sources.

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
________________________________________________________________________

                                  7632

                            I N  S E N A T E

                              May 21, 2014
                               ___________

Introduced  by  Sen. O'BRIEN -- 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 public  authori-
  ties  law,  and  the  state  finance law, in relation to environmental
  restoration projects

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

  Section  1.  Paragraph  (c) of subdivision 2 of section 56-0503 of the
environmental conservation law, as amended by section 4  of  part  D  of
chapter  1  of  the  laws of 2003, is amended and a new subdivision 3 is
added to read as follows:
  (c) A provision that THE MUNICIPALITY SHALL ASSIST  IN  IDENTIFYING  A
RESPONSIBLE  PARTY  BY  SEARCHING  LOCAL RECORDS, INCLUDING PROPERTY TAX
ROLLS, OR DOCUMENT REVIEWS, AND if,  in  accordance  with  the  required
departmental  approval  of  any settlement with a responsible party, any
responsible party payments become available to the municipality, before,
during or after the completion of an environmental restoration  project,
which  were not included when the state share was calculated pursuant to
this section, the state assistance share shall be recalculated, and  the
municipality  shall pay to the state, for deposit into the environmental
restoration project account of the hazardous waste remedial fund  estab-
lished  under  section  ninety-seven-b  of  the  state  finance law, the
difference between the original state assistance payment and the  recal-
culated state share. Recalculation of the state share shall be done each
time a payment from a responsible party is received by the municipality;
  3.  THE  DEPARTMENT MAY UNDERTAKE AN ENVIRONMENTAL RESTORATION PROJECT
ON BEHALF OF A MUNICIPALITY UPON REQUEST. IF THE  DEPARTMENT  UNDERTAKES
THE PROJECT ON BEHALF OF THE MUNICIPALITY, THE STATE SHALL ENTER INTO AN
AGREEMENT  WITH  THE  MUNICIPALITY  AND  THE AGREEMENT SHALL REQUIRE THE
MUNICIPALITY TO PERIODICALLY PROVIDE ITS SHARE TO THE  STATE  FOR  COSTS
INCURRED  DURING  THE PROGRESS OF SUCH PROJECT. THE MUNICIPALITY'S SHARE
SHALL BE THE SAME AS WOULD BE REQUIRED UNDER  SUBDIVISION  ONE  OF  THIS
SECTION.  THE AGREEMENT SHALL INCLUDE ALL PROVISIONS SPECIFIED IN SUBDI-
VISION TWO OF THIS SECTION AS APPROPRIATE.   FOR  PURPOSES  OF  PROJECTS
SUBJECT   TO  AGREEMENTS  UNDER  THIS  SUBDIVISION,  ALL  REFERENCES  TO
CONTRACTS IN THIS TITLE SHALL ALSO APPLY TO AGREEMENTS UNDER THIS SUBDI-
VISION AS APPROPRIATE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14924-01-4

S. 7632                             2

  S 2. Subdivision 4 of section 56-0505 of the  environmental  conserva-
tion  law, as amended by section 5 of part D of chapter 1 of the laws of
2003, is amended to read as follows:
  4.  After  completion  of  such  project, the municipality may use the
property for public purposes or may dispose of it. If  the  municipality
shall  dispose  of  such  property  by sale to a responsible party, such
party shall pay to such municipality, in addition to such other  consid-
eration,  an amount of money constituting the amount of state assistance
provided [to the municipality] under this title  plus  accrued  interest
and transaction costs and the municipality shall deposit that money into
the  environmental  restoration  project  account of the hazardous waste
remedial fund established under  section  ninety-seven-b  of  the  state
finance law.
  S  3.  Subdivisions  3  and  4 of section 56-0508 of the environmental
conservation law, as added by section 7 of part D of chapter  1  of  the
laws of 2003, are amended to read as follows:
  3. such temporary incidents of ownership by such taxing district shall
also qualify it as being the owner of such property [for the purposes of
obtaining]  TO  BE  ELIGIBLE  FOR funding from the state of New York for
such environmental restoration investigation project under this  article
or  for such funding from any source pursuant to any other state, feder-
al, or local law, but such incidents of ownership shall  not  be  suffi-
cient  to  qualify  it as the owner of such property for the purposes of
holding it wholly or partially liable for any damages, past, present, or
future from any release of any hazardous material, substance, or contam-
inant into the air, ground, or water, unless such release was caused  by
such taxing district.
  4.  within thirty days of the completion of the environmental restora-
tion investigation project and the receipt by the taxing jurisdiction of
the final report of such investigation, such taxing  jurisdiction  shall
file  such  report  with  the court on notice to the court and all other
parties of record, and the stay  of  the  foreclosure  shall  be  lifted
(unless  lifted  earlier  by  a prior court order), and all incidents of
temporary ownership of the taxing jurisdiction  that  was  awarded  such
taxing  district, except any right [to receive funding] for the environ-
mental restoration investigation project TO BE FUNDED,  shall  cease  to
exist,  and nothing in this subdivision shall preclude the taxing juris-
diction  that  conducted  the  environmental  restoration  investigation
project  or  the  taxing  jurisdiction  that  commenced  the foreclosure
action, if it is a different taxing jurisdiction than the taxing  juris-
diction  which  conducted the investigation, from withdrawing the parcel
from foreclosure pursuant to section eleven hundred thirty-eight of  the
real property tax law.
  S  4.  Subdivision 6 of section 56-0502 of the environmental conserva-
tion law, as amended by section 2 of part D of chapter 577 of  the  laws
of 2004, is amended to read as follows:
  6.  "State  assistance", for purposes of this title, shall mean in the
case of a contract authorized by subdivision one of section  56-0503  of
this  title,  payments  made  to a municipality to reimburse the munici-
pality for the state share of the costs incurred by the municipality  to
undertake  an  environmental  restoration  project  OR IN THE CASE OF AN
AGREEMENT AUTHORIZED BY SUBDIVISION THREE OF  SECTION  56-0503  OF  THIS
TITLE,  COSTS INCURRED BY THE STATE TO UNDERTAKE AN ENVIRONMENTAL RESTO-
RATION PROJECT BUT NOT REIMBURSED BY A MUNICIPALITY.
  S 5. Section 56-0501 of the environmental conservation law,  as  added
by chapter 413 of the laws of 1996, is amended to read as follows:

S. 7632                             3

S  56-0501. Allocation of moneys. 1. Of the moneys received by the state
from the sale of bonds pursuant to the Clean Water/Clean Air Bond Act of
1996, two hundred million dollars ($200,000,000) shall be available  for
disbursements for environmental restoration projects.
  2. ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED USING THE PROCEEDS
OF  BONDS ISSUED PURSUANT TO SECTION TWELVE HUNDRED EIGHTY-FIVE-Q OF THE
PUBLIC AUTHORITIES LAW.
  S 6. Subdivision 1 of section 1285-q of the public authorities law, as
added by section 6 of part I of chapter  1  of  the  laws  of  2003,  is
amended to read as follows:
  1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of hazardous waste site remediation  projects  for  payment  of  the
state's  share of the costs of the remediation of hazardous waste sites,
in accordance with title thirteen of article twenty-seven of  the  envi-
ronmental  conservation  law  and  section  ninety-seven-b  of the state
finance law, and for payment of state costs associated with the  remedi-
ation  of  offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, AND FOR  ENVI-
RONMENTAL  RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE FIFTY-
SIX OF THE ENVIRONMENTAL CONSERVATION LAW, pursuant to capital appropri-
ations  made  to  the  department  of  environmental  conservation,  the
director  of the division of budget and the corporation are each author-
ized to enter into one or more service contracts, none  of  which  shall
exceed  twenty  years in duration, upon such terms and conditions as the
director and the corporation may agree, so as to annually provide to the
corporation in the aggregate, a  sum  not  to  exceed  the  annual  debt
service  payments  and related expenses required for any bonds and notes
authorized pursuant to section twelve hundred ninety of this title.  Any
service  contract  entered  into  pursuant to this section shall provide
that the obligation of the state to fund or to pay the  amounts  therein
provided for shall not constitute a debt of the state within the meaning
of  any constitutional or statutory provision and shall be deemed execu-
tory only to the extent of moneys available for such  purposes,  subject
to annual appropriation by the legislature. Any such service contract or
any  payments  made or to be made thereunder may be assigned and pledged
by the corporation as security for its bonds and  notes,  as  authorized
pursuant to section twelve hundred ninety of this title.
  S 7. Subdivision 3 of section 1285-q of the public authorities law, as
added  by  section  6  of  part  I  of chapter 1 of the laws of 2003, is
amended to read as follows:
  3. The maximum amount of bonds that may be issued for the  purpose  of
financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
RESTORATION PROJECTS authorized by this section  shall  not  exceed  one
billion  two  hundred  million  dollars and shall not exceed one hundred
twenty million dollars for appropriations enacted for any  state  fiscal
year,  provided that the bonds not issued for such appropriations may be
issued pursuant to reappropriation in subsequent fiscal years. No  bonds
shall be issued for the repayment of any new appropriation enacted after
March thirty-first, two thousand thirteen for hazardous waste site reme-
diation  projects  authorized  by this section. Amounts authorized to be
issued by this section shall be exclusive of bonds issued  to  fund  any
debt  service  reserve  funds,  pay costs of issuance of such bonds, and
bonds or notes issued to refund or otherwise repay bonds or notes previ-
ously issued. Such bonds and notes of the corporation  shall  not  be  a

S. 7632                             4

debt  of the state, and the state shall not be liable thereon, nor shall
they be payable out of any funds other than those appropriated  by  this
state  to the corporation for debt service and related expenses pursuant
to  any  service  contracts executed pursuant to subdivision one of this
section, and such bonds and notes shall contain on the  face  thereof  a
statement to such effect.
  S  8. Subdivision 2 and paragraph (f) of subdivision 3 of section 97-b
of the state finance law, as amended by section 4 of part I of chapter 1
of the laws of 2003, are amended to read as follows:
  2. Such fund shall consist of all of the following:
  (a) moneys appropriated for transfer to the fund's site  investigation
and  construction  account;  (b) all fines and other sums accumulated in
the fund prior to April first, nineteen hundred eighty-eight pursuant to
section 71-2725 of the environmental conservation law for deposit in the
fund's site investigation  and  construction  account;  (c)  all  moneys
collected or received by the department of taxation and finance pursuant
to  section 27-0923 of the environmental conservation law for deposit in
the fund's industry fee transfer account; (d) all moneys paid  into  the
fund  pursuant  to section 72-0201 of the environmental conservation law
which shall be deposited in the fund's industry  fee  transfer  account;
(e) all moneys paid into the fund pursuant to section one hundred eight-
y-six  of  the  navigation  law  which  shall be deposited in the fund's
industry fee transfer account; (f) [all moneys paid  into  the  fund  by
municipalities  for repayment of landfill closure loans made pursuant to
title five of article fifty-two of the  environmental  conservation  law
for  deposit  in the fund's site investigation and construction account;
(g)] all monies recovered under sections 56-0503, 56-0505 and 56-0507 of
the environmental conservation law into the fund's environmental  resto-
ration  project  account; [(h) all] (G) fees paid into the fund pursuant
to section [72-0403] 72-0402 of the environmental conservation law which
shall be deposited in the fund's industry fee  transfer  account;  [(i)]
(H)  payments  received  for all state costs incurred in negotiating and
overseeing the implementation  of  brownfield  site  cleanup  agreements
pursuant  to title fourteen OF ARTICLE TWENTY-SEVEN of the environmental
conservation law shall be deposited in the hazardous  waste  remediation
oversight and assistance account; and [(j)] (I) other moneys credited or
transferred  thereto  from  any  other fund or source for deposit in the
fund's site investigation and construction account.
  (f) to undertake such remedial measures as the department of  environ-
mental  conservation may determine necessary due to environmental condi-
tions related to the property subject to an agreement [to provide  state
assistance]  OR  CONTRACT  under  title five of article fifty-six of the
environmental conservation law [that were unknown to such department  at
the  time  of its approval of such agreement which indicates that condi-
tions on such property are not sufficiently protective of  human  health
for  its  reasonably anticipated uses or due to information received, in
whole or in part, after such department's approval of  such  agreement's
final  engineering  report and certification], which indicates that such
agreement's remedial activities are not sufficiently protective of human
health for such property's reasonably anticipated uses; and, [respecting
the monies in the environmental restoration project account in excess of
ten million dollars,] shall provide state assistance under title five of
article fifty-six of the environmental conservation law;
  S 9. This act shall take effect immediately.

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