senate Bill S6316

2011-2012 Legislative Session

Relates to the brownfield opportunity area program

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


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

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 25, 2012 referred to environmental conservation

Co-Sponsors

S6316 - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1403, 27-1413, 27-1415, 27-1417, 27-1420 & 27-1423, En Con L; amd §970-r, Gen Muni L
Versions Introduced in 2013-2014 Legislative Session:
S1678

S6316 - Summary

Relates to the brownfield opportunity area program; encourages redevelopment in certain areas with brownfield opportunity area nomination and implementation strategies; defines brownfield opportunity area; develop a plan for redevelopment and revitalization of brownfield opportunity areas.

S6316 - Bill Text download pdf

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

                                  6316

                            I N  S E N A T E

                            January 25, 2012
                               ___________

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  and  the  general
  municipal law, in relation to the brownfield opportunity area program

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

  Section 1. The opening paragraph of section S 27-1403 of the  environ-
mental conservation law, as added by section 1 of part A of chapter 1 of
the laws of 2003, is amended to read as follows:
  The legislature hereby finds that there are thousands of abandoned and
likely  contaminated properties that threaten the health and vitality of
the communities they burden, and that these sites, known as brownfields,
are also contributing to sprawl development and loss of open  space.  It
is  therefore  declared  that, to advance the policy of the state of New
York to conserve, improve, and protect its natural resources  and  envi-
ronment  and  control water, land, and air pollution in order to enhance
the health, safety, and welfare of the people of  the  state  and  their
overall  economic and social well being, it is appropriate to adopt this
act to encourage persons to voluntarily remediate brownfield  sites  for
reuse and redevelopment by establishing within the department a statuto-
ry  program  to encourage cleanup and redevelopment of brownfield sites.
All remedies shall be fully protective of public health and the environ-
ment including, but not limited to, groundwater according to its classi-
fication pursuant to section 17-0301 of this chapter. A remedial program
that achieves a permanent cleanup of a contaminated site, including  the
restoration  of  groundwater  to  its classified use, is to be preferred
over a remedial program that does not do so.  IT IS THE  INTENT  OF  THE
LEGISLATURE THAT THE PROVISIONS OF THIS BROWNFIELD CLEANUP PROGRAM SHALL
NOT  BE  CONSTRUED  AS  LIMITING  OR  OTHERWISE  AFFECTING ANY AUTHORITY
CONFERRED UPON THE DEPARTMENT BY ANY OTHER PROVISION OF LAW.  IT IS ALSO
THE INTENT OF THE LEGISLATURE TO ENCOURAGE THE CLEANUP AND REDEVELOPMENT
OF BROWNFIELDS LOCATED IN BROWNFIELD OPPORTUNITY AREAS,  AS  DEFINED  IN
SECTION  NINE  HUNDRED  SEVENTY-R  OF  THE GENERAL MUNICIPAL LAW, AND TO
ENCOURAGE SUCH REDEVELOPMENT TO BE IN CONFORMANCE  WITH  THE  BROWNFIELD

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

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