senate Bill S2696A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Committee


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

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to environmental conservation
Dec 21, 2011 print number 2696a
amend and recommit to environmental conservation
Jan 28, 2011 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

S2696 - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1405, 27-1407, 27-1411, 27-1419, 27-1423, 27-1429 & 27-1431, 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 2009-2010 Legislative Session:
S8071

S2696 - Summary

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

S2696 - Sponsor Memo

S2696 - Bill Text download pdf

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

                                  2696

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

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
sites  under  subparagraph  two  of  paragraph  b  of subdivision two of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08449-01-1

S2696A (ACTIVE) - Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1405, 27-1407, 27-1411, 27-1419, 27-1423, 27-1429 & 27-1431, 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 2009-2010 Legislative Session:
S8071

S2696A (ACTIVE) - Summary

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

S2696A (ACTIVE) - Sponsor Memo

S2696A (ACTIVE) - Bill Text download pdf

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

                                 2696--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- committee discharged, bill amended, ordered  reprinted  as  amended
  and recommitted to said committee

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08449-02-1

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