senate Bill S5228A

2011-2012 Legislative Session

Relates to brownfield site cleanup; repealer

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Archive: Last Bill Status - Passed Senate


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 22, 2012 referred to environmental conservation
Jun 21, 2012 delivered to assembly
passed senate
ordered to third reading cal.1512
committee discharged and committed to rules
Jun 05, 2012 reported and committed to finance
Jan 09, 2012 print number 5228a
amend (t) and recommit to environmental conservation
Jan 04, 2012 referred to environmental conservation
May 17, 2011 reported and committed to finance
May 03, 2011 referred to environmental conservation

S5228 - Details

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

S5228 - Summary

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

S5228 - Sponsor Memo

S5228 - Bill Text download pdf

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

                                  5228

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. GRISANTI -- 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  service
  law,  the  general business law and the tax law, in relation to brown-
  field site cleanup; to repeal subparagraph (D)  of  paragraph  3-a  of
  subdivision  (a) of section 21 of the tax law relating thereto; and to
  repeal section 31 of part H of chapter 1 of the laws of 2003  amending
  the tax law relating to brownfield redevelopment tax credits, relating
  thereto

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-03-1

S5228A (ACTIVE) - Details

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

S5228A (ACTIVE) - Summary

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

S5228A (ACTIVE) - Sponsor Memo

S5228A (ACTIVE) - Bill Text download pdf

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

                                 5228--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               May 3, 2011
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- recommitted to  the  Committee  on  Environmental  Conservation  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

AN  ACT  to amend the environmental conservation law, the public service
  law, the general business law and the tax law, in relation  to  brown-
  field site cleanup; and to repeal section 31 of part H of chapter 1 of
  the  laws of 2003 amending the tax law relating to brownfield redevel-
  opment tax credits, relating thereto

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

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD11103-05-2

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