senate Bill S1664A

2013-2014 Legislative Session

Relates to brownfield site cleanup; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Committee


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

do you support this bill?

Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to environmental conservation
Oct 09, 2013 print number 1664a
amend (t) and recommit to environmental conservation
Jan 09, 2013 referred to environmental conservation

Bill Amendments

Original
A (Active)
Original
A (Active)

Co-Sponsors

S1664 - 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
Versions Introduced in 2011-2012 Legislative Session:
S5228A

S1664 - Summary

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

S1664 - Sponsor Memo

S1664 - Bill Text download pdf

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

                                  1664

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- 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; 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
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.

Co-Sponsors

S1664A (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
Versions Introduced in 2011-2012 Legislative Session:
S5228A

S1664A (ACTIVE) - Summary

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

S1664A (ACTIVE) - Sponsor Memo

S1664A (ACTIVE) - Bill Text download pdf

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

                                 1664--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by Sens. GRISANTI, MAZIARZ -- 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 and the tax law, in
  relation to brownfield 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 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.

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.