senate Bill S1678

2013-2014 Legislative Session

Relates to the brownfield opportunity area program

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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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Jan 08, 2014 referred to environmental conservation
Jan 09, 2013 referred to environmental conservation

S1678 - Bill Details

Current Committee:
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 2011-2012 Legislative Session:
S6316

S1678 - Bill Texts

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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.

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BILL NUMBER:S1678

TITLE OF BILL: An act to amend the environmental conservation law and
the general municipal law, in relation to the brownfield opportunity
area program

PURPOSE: This bill would recognize the goals of the Brownfield
Opportunity Area(BOA) program in the cleanup of brownfields, expand
the Department of State's authority to coordinate among government
units, and broaden funding opportunities for BOA sites.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends section 27-1403 of
the Environmental Conservation Law (ECL) to recognize the intent of
the legislature to encourage the cleanup and redevelopment of
brownfields located in BOAs.

Section 2 amends section 27-1413 of the ECL to include BOA as a factor
concerning a Track 2 cleanup.

Section 3 amends section 27-1415 of the ECL to include BOA sites in
the database system that monitors and tracks all brownfield sites.

Section 4 amends section 27-1417 of the ECL to extend technical
assistance grants to BOAs.

Section 5 amends section 27-1420 of the ECL to require the Department
of Environmental Conservation (DEC) to determine how many of the sites
approved for participation, denied participation, currently
participating, and granted certificates of completion are located in
BOAs.

Section 6 amends section 27-1423 of the ECL to provide that no costs
shall be incurred for the negotiation and oversight of a brownfield
site cleanup agreement for sites within a BOA; the full cost incurred
in negotiating and overseeing implementation shall be immediately
payable upon development of the site.

Section 7 amends section 970-r of the General Municipal Law (GML) to
define BOA as a study area accepted by the secretary in connection
with a funding award made pursuant to this section or a BOA designated
by the secretary pursuant to this section.

Section 8 amends section 970-r of the GML to clarify BOA within
activities eligible to receive state assistance for a pre-nomination
study.

Section 9 amends section 970-r of the GML to require chat for any
unexpended funds appropriated to DEC for financial assistance
authorized in this subdivision, the commissioner shall suballocate
such funds to the secretary.

Section 10 amends section 970-r of the GML to expand activities
eligible to receive financial assistance with respect to BOAs.

Section 11 amends section 970-r of the GML to provide that the
secretary shall determine whether a brownfield site is consistent with


a designated BOA and promulgate regulations to establish the process,
criteria and timing for making such determinations.

Section 12 amends section 970-r of the GML to empower the secretary to
play a stronger coordinating role among government units.

JUSTIFICATION: The area-wide approach of the Brownfield opportunity
Areas (BOA) program was conceived as a tool to fight sprawl and
achieve environmental justice by addressing entire neighborhoods and
the clusters of brownfields within those neighborhoods, including the
conditions fueling abandonment and decay. The BOA program responds to
the needs of a diverse range of upstate and downstate neighborhoods
and there are now over 100 communities, with more than 4,700
brownfield sites covering 50,000 acres, participating in the BOA
program.

While New York's Department of state (DOS) administers the BOA
program, myriad government agencies have a hand in BOA implantation.
The DOS has a long history of working with local government and
community partners on a wide range of projects and has had remarkable
success getting agencies out of their "silos" to coordinate with
others on overarching issues. As an important example, the Department
of Environmental Conservation's (DEC) administration of the Brownfield
Cleanup Program has important implications for the success of BOAS
across the state, though both agencies have been frustrated by a lack
of statutory connection between the two programs. By recognizing the
goals of the BOA program in the cleanup of brownfields under DEC
auspices and by statutorily empowering the DOS to play a stronger
coordinating role among government units, this bill will help achieve
communities' revitalization goals, even as government agencies at all
levels are being asked to do more with less.

PRIOR LEGISLATIVE HISTORY: S. 6316 Referred to Senate Environmental
Conservation Committee

FISCAL IMPLICATIONS: Minimal.

EFFECTIVE DATE: This act shall take effect immediately.

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

                                  1678

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04748-01-3

S. 1678                             2

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
opportunity  area  nomination  and  implementation  strategies  approved
pursuant to such law.
  S 2. Paragraph (d) of subdivision 3 of section 27-1413 of the environ-
mental  conservation  law,  as amended by section 6 of part A of chapter
577 of the laws of 2004, is amended and a new paragraph (e) is added  to
read as follows:
  (d)  the  economic  benefit  to  the state to be realized by the expe-
ditious remediation of the property[.]; AND
  (E) FOR SITES WITHIN A  BROWNFIELD  OPPORTUNITY  AREA  AS  DEFINED  IN
SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW, THE COMPAT-
IBILITY  OF  THE  REMEDY WITH THE BROWNFIELD OPPORTUNITY AREA NOMINATION
AND IMPLEMENTATION STRATEGIES, AS VERIFIED BY THE SITE OWNER.
  S 3. Paragraph (d) of subdivision 7 of section 27-1415 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:
  (d) The commissioner shall create, update,  and  maintain  a  database
system  for  public  information  purposes  and to monitor and track all
brownfield sites subject to this  title.  Data  incorporated  into  such
system  for  each site for which information has been collected pursuant
to this title shall include, but shall not be limited to, a site  summa-
ry,  name  of  site  owner,  location, status of site remedial activity,
WHETHER THE SITE IS LOCATED IN A BROWNFIELD OPPORTUNITY AREA AS  DEFINED
IN  SECTION NINE HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW, and, if
one has been created pursuant to title thirty-six of article seventy-one
of this chapter, a copy of the environmental  easement,  and  a  contact
number  to  obtain  additional information. Sites shall be added to such
system upon the execution of a brownfield site cleanup agreement  pursu-
ant to section 27-1409 of this title. If and when an environmental ease-
ment is modified or extinguished, the copy of the environmental easement
contained  in  the  database shall be updated accordingly. Such database
shall be in such a format that it can be readily  searched  by  affected
local  governments and the public for purposes including but not limited
to determining whether an environmental easement has been recorded for a
site pursuant to title thirty-six of article seventy-one of  this  chap-
ter.  The  database shall be available electronically.  Information from
this database shall be  incorporated  into  the  geographic  information
system  created  and  maintained  by  the department pursuant to section
3-0315 of this chapter.
  S 4. Paragraph (a) of subdivision 4 of section 27-1417 of the environ-
mental conservation law, as amended by section 8 of part  A  of  chapter
577 of the laws of 2004, is amended to read as follows:
  (a)  Within  the  limits  of appropriations made available pursuant to
paragraph [j] (J) of subdivision three of section ninety-seven-b of  the
state  finance  law, the commissioner is authorized to provide grants to
any  not-for-profit  corporation  exempt  from  taxation  under  section
501(c)(3) of the internal revenue code at any site WHICH MAY BE AFFECTED
BY  A  BROWNFIELD SITE REMEDIAL PROGRAM AND IS determined BY THE DEPART-
MENT EITHER to pose a significant threat [by the  department  and  which
may  be affected by a brownfield site remedial program] OR TO BE LOCATED
IN A BROWNFIELD OPPORTUNITY AREA AS  DEFINED  IN  SECTION  NINE  HUNDRED
SEVENTY-R  OF  THE  GENERAL  MUNICIPAL LAW.   To qualify to receive such
assistance, a community  group  must  demonstrate  that  its  membership

S. 1678                             3

represents  the  interests  of  the  community  affected  by  such site.
Furthermore, the commissioner is authorized to direct any applicant  who
is  a  responsible party, as defined in section 27-1313 of this article,
to  provide such grants. Such grants shall be known as technical assist-
ance grants and may be used to obtain technical assistance in interpret-
ing information with regard to the nature of the hazard posed by contam-
ination located AT or emanating from a brownfield site or sites and  the
development  and implementation of a brownfield site remedial program or
programs. Such grants may also be used to hire health and safety experts
to advise affected residents on  any  health  assessments  and  for  the
education  of  interested  affected  community members to enable them to
more effectively participate in the  remedy  selection  process.  Grants
awarded  under this section may not be used for the purposes of collect-
ing field sampling data,  political  activity  or  lobbying  legislative
bodies.
  S  5.  Paragraphs  e  and f of subdivision 1 of section 27-1420 of the
environmental conservation law, as added by chapter 390 of the  laws  of
2008, are amended to read as follows:
  e. the total number of certificates of completion issued; [and]
  f.  HOW  MANY  OF THE SITES APPROVED FOR PARTICIPATION, DENIED PARTIC-
IPATION, CURRENTLY PARTICIPATING, AND GRANTED CERTIFICATES OF COMPLETION
ARE LOCATED IN BROWNFIELD OPPORTUNITY AREAS AS DEFINED IN  SECTION  NINE
HUNDRED SEVENTY-R OF THE GENERAL MUNICIPAL LAW; AND
  G.  such  other information as the commissioner may determine is rele-
vant to the status of the administration of the program.
  S 6. Subdivision 1 of section 27-1423 of the  environmental  conserva-
tion  law, as amended by section 11 of part A of chapter 577 of the laws
of 2004, is amended and a new subdivision 3 is added to read as follows:
  1. Pursuant to timetables contained in  the  brownfield  site  cleanup
agreement, AND EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISION THREE OF THIS
SECTION, the volunteer shall pay all state costs incurred in negotiating
and  overseeing  implementation of such agreement, provided, however, as
set forth in a brownfield site cleanup agreement pursuant to this title,
that such costs may be based upon a reasonable flat-fee  for  oversight,
which  shall  reflect the projected future state costs to be incurred in
negotiating and overseeing implementation of such agreement.   In  addi-
tion,  a participant shall pay all costs incurred by the state up to the
effective date of such agreement.
  3. NO COSTS SHALL BE INCURRED UNDER THIS SECTION FOR  THE  NEGOTIATION
AND  OVERSIGHT OF A BROWNFIELD SITE CLEANUP AGREEMENT FOR SITES WITHIN A
BROWNFIELD OPPORTUNITY AREA, PROVIDED THAT THE FUTURE USE OF  THE  SITE,
AS  DESCRIBED  AND  VERIFIED  BY  THE SITE OWNER, IS COMPATIBLE WITH THE
BROWNFIELD OPPORTUNITY AREA NOMINATION  AND  IMPLEMENTATION  STRATEGIES,
AND  DECLARED  AS SUCH BY THE SECRETARY OF STATE. THE FULL COST INCURRED
IN NEGOTIATING AND OVERSEEING  IMPLEMENTATION  OF  THE  BROWNFIELD  SITE
CLEANUP  AGREEMENT  SHALL BE IMMEDIATELY PAYABLE UPON DEVELOPMENT OF THE
SITE CONSISTENT WITH THE FUTURE USE AS DESCRIBED  AND  VERIFIED  BY  THE
SITE OWNER AND WITH THE BROWNFIELD OPPORTUNITY AREA IMPLEMENTATION STRA-
TEGIES DECLARED AS SUCH BY THE SECRETARY OF STATE.
  S  7.  Subdivision  1 of section 970-r of the general municipal law is
amended by adding a new paragraph j to read as follows:
  J. "BROWNFIELD OPPORTUNITY AREA" SHALL MEAN A STUDY AREA  ACCEPTED  BY
THE  SECRETARY  IN CONNECTION WITH A FUNDING AWARD MADE PURSUANT TO THIS
SECTION OR A BROWNFIELD OPPORTUNITY AREA  DESIGNATED  BY  THE  SECRETARY
PURSUANT TO THIS SECTION.

S. 1678                             4

  S  8.  Paragraph  b  of  subdivision 2 of section 970-r of the general
municipal law, as added by section 1 of part F of chapter 1 of the  laws
of 2003, is amended to read as follows:
  b.  Activities  eligible to receive such assistance shall include, but
are not limited to, the assembly and development  of  basic  information
about:
  (1) the borders of the [proposed] brownfield opportunity area;
  (2) the number and size of brownfield sites;
  (3)  current  and anticipated uses of the properties in the [proposed]
BROWNFIELD OPPORTUNITY area;
  (4) current and anticipated future conditions of  groundwater  in  the
[proposed] BROWNFIELD OPPORTUNITY area;
  (5) known data about the environmental conditions of the properties in
the [proposed] BROWNFIELD OPPORTUNITY area;
  (6)  ownership of the properties in the [proposed] BROWNFIELD OPPORTU-
NITY area; and
  (7) preliminary descriptions of possible remediation strategies, reuse
opportunities, necessary infrastructure improvements and other public or
private measures needed to stimulate investment, promote revitalization,
and enhance community health and environmental conditions.
  S 9. Subdivision 2 of section 970-r of the general  municipal  law  is
amended by adding a new paragraph h to read as follows:
  H.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 10. Subdivision 3 of section 970-r of the general municipal law,  as
added  by  section  1  of part F of chapter 1 of the laws of 2003, para-
graphs a, b, g, h, i, the opening paragraph and subparagraph 6 of  para-
graph  f  as  amended by chapter 390 of the laws of 2008, paragraph f as
amended by section 1 of part F of chapter 577 of the laws  of  2004,  is
amended to read as follows:
  3.  State  assistance for nominations to designate brownfield opportu-
nity areas. a. Within the limits of appropriations therefor, the  secre-
tary is authorized to provide, on a competitive basis, financial assist-
ance  to  municipalities, to community based organizations, to community
boards, or to municipalities and community based organizations acting in
cooperation to prepare a nomination  for  designation  of  a  brownfield
opportunity  area.  Such  financial  assistance  shall not exceed ninety
percent of the costs of such nomination for any such area.
  b. An application for such financial assistance shall include an indi-
cation of support from owners of  brownfield  sites  in  the  [proposed]
brownfield  opportunity  area.  All residents and property owners in the
[proposed] brownfield opportunity  area  shall  receive  notice  OF  THE
APPLICATION in such form and manner as the secretary shall prescribe.
  c.  No  application  for such financial assistance shall be considered
unless the applicant demonstrates that it has,  to  the  maximum  extent
practicable,  solicited  and  considered  the  views of residents of the
[proposed] brownfield opportunity area, the views  of  state  and  local
officials  elected  to  represent such residents and the local organiza-
tions representing such residents.
  d. Activities eligible to  receive  such  financial  assistance  shall
include  the  identification,  preparation,  creation,  development  and
assembly of information and elements to be included in a nomination  for
designation  of a brownfield opportunity area, including but not limited
to:

S. 1678                             5

  (1) A PLAN FOR THE REDEVELOPMENT AND REVITALIZATION OF THE  BROWNFIELD
OPPORTUNITY AREA, THAT CONTAINS BUT IS NOT LIMITED TO:
  (I) the borders of the [proposed] brownfield opportunity area;
  [(2)]  (II) the location of each known or suspected brownfield site in
the [proposed] brownfield opportunity area;
  [(3)] (III) EXISTING DETAILED  ASSESSMENTS  OF  INDIVIDUAL  BROWNFIELD
SITES  AND,  WHERE  THE CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE
NEED FOR CONDUCTING ON-SITE ASSESSMENTS;
  (IV) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS  OF  PROPERTIES  IN
THE BROWNFIELD OPPORTUNITY AREA;
  (V) OWNERSHIP OF THE PROPERTIES IN THE BROWNFIELD OPPORTUNITY AREA;
  (VI)  THE GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR THE
ECONOMIC REVITALIZATION OF THE BROWNFIELD OPPORTUNITY AREA;
  (VII) IDENTIFICATION OF THE PUBLICLY CONTROLLED AND  DEVELOPABLE  LAND
AND  BUILDINGS WITHIN THE BROWNFIELD OPPORTUNITY AREA WHICH ARE OR COULD
BE MADE AVAILABLE FOR DEVELOPMENT; AND
  (VIII) the identification of strategic  sites  within  the  [proposed]
brownfield  opportunity  area  AND  THE  DEVELOPMENT  OF  STRATEGIES FOR
IMPROVING THE LIKELIHOOD THAT SUCH STRATEGIC SITES ARE REUSED OR  DEVEL-
OPED CONSISTENT WITH THE BROWNFIELD OPPORTUNITY AREA;
  [(4)] (2) AN IMPLEMENTATION STRATEGY THAT INCLUDES, BUT IS NOT LIMITED
TO:
  (I)  the  type  of potential developments anticipated for sites within
the [proposed]  brownfield  opportunity  area  proposed  by  either  the
current or the prospective owners of such sites;
  [(5)]  (II)  local  legislative  or  regulatory  action  which  may be
required to implement a plan for the  redevelopment  of  the  [proposed]
brownfield opportunity area;
  [(6)]  (III)  priorities  for public and private investment in infras-
tructure, open space, economic development, housing, or community facil-
ities in the [proposed] brownfield  opportunity  area,  INCLUDING  THOSE
THAT  MAY  BE  ELIGIBLE  FOR  PRIORITY  OR PREFERENCE IN ACCORDANCE WITH
SUBDIVISION FIVE OF THIS SECTION;
  [(7)] (IV) mapping of current and anticipated uses of  the  properties
and groundwater in the [proposed] brownfield opportunity area;
  [(8)] (V) existing detailed assessments of individual brownfield sites
and, where the consent of the site owner has been obtained, the need for
conducting on-site assessments;
  [(9)] (VI) known data about the environmental conditions of properties
in the [proposed] brownfield opportunity area;
  [(10)]  (VII) ownership of the properties in the [proposed] brownfield
opportunity area; AND
  [(11)] (VIII) descriptions of possible remediation strategies,  brown-
field  redevelopment,  necessary  infrastructure  improvements and other
public or private measures needed to stimulate investment, promote revi-
talization, and enhance community health and environmental conditions[;
  (12) the goals and objectives, both short term and long term, for  the
economic revitalization of the proposed brownfield opportunity area; and
  (13) the publicly controlled and other developable lands and buildings
within  the  proposed  brownfield opportunity area which are or could be
made available for residential, industrial and commercial development].
  (3) ACTIVITIES TO ADDRESS KNOWN CONTAMINATION:
  (I) THE TESTING OF PROPERTIES TO DETERMINE THE NATURE  AND  EXTENT  OF
THE CONTAMINATION (INCLUDING SOIL AND GROUNDWATER);
  (II)   ENVIRONMENTAL   ASSESSMENTS,  IN  CONFORMANCE  WITH  APPLICABLE
REQUIREMENTS OF THE COMMISSIONER;

S. 1678                             6

  (III) THE DEVELOPMENT OF A PROPOSED REMEDIATION  STRATEGY  TO  ADDRESS
ANY  IDENTIFIED  CONTAMINATION,  IN CONFORMANCE WITH APPLICABLE REQUIRE-
MENTS OF THE COMMISSIONER; AND
  (IV)  ANY  OTHER  ACTIVITIES  RELATING  TO ENVIRONMENTAL CONTAMINATION
DEEMED APPROPRIATE BY THE SECRETARY.
  e. Funding preferences shall be given to applications for such assist-
ance that relate to areas having one or more of the following character-
istics:
  (1) areas for which the application is a partnered  application  by  a
municipality and a community based organization;
  (2) areas with concentrations of brownfield sites;
  (3)  areas for which the application demonstrates support from a muni-
cipality and a community based organization;
  (4) areas showing indicators of economic distress including low  resi-
dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
depressed property values; and
  (5) areas with brownfield sites presenting strategic opportunities  to
stimulate  economic  development, community revitalization or the siting
of public amenities.
  f. Each application for such assistance  shall  be  submitted  to  the
secretary in a format, and containing such information, as prescribed by
the secretary but shall include, at a minimum, the following:
  (1)  a statement of the rationale or relationship between the proposed
assistance and the criteria set forth in this section for the evaluation
and ranking of assistance applications;
  (2) the processes by which local participation in the  development  of
the application has been sought;
  (3)  the  process to be carried out under the state assistance includ-
ing, but not limited to, the goals of and budget  for  the  effort,  the
work  plan  and  timeline  for  the  attainment  of these goals, and the
intended process for public participation in the process;
  (4) the manner and extent to which  public  or  governmental  agencies
with jurisdiction over issues that will be addressed in the data gather-
ing process will be involved in this process;
  (5) other planning and development initiatives proposed or in progress
in the [proposed] brownfield opportunity area;
  (6)  for  each community based organization which is an applicant or a
co-applicant, a copy of its determination of tax exempt status issued by
the federal internal revenue service pursuant  to  section  501  of  the
internal  revenue  code,  a  description of the relationship between the
community based organization and the area that is  the  subject  of  the
application, its financial and institutional accountability, its experi-
ence  in  conducting  and completing planning initiatives and in working
with the local government  associated  with  the  [proposed]  brownfield
opportunity area; and
  (7)  the  financial  commitments the applicant will make to the brown-
field opportunity area for activities including,  but  not  limited  to,
marketing  of the area for business development, human resource services
for residents and businesses in the  brownfield  opportunity  area,  and
services for small and minority and women-owned businesses.
  g.  The secretary, upon the receipt of an application for such assist-
ance from a community based organization not  in  cooperation  with  the
local  government  having  jurisdiction  over  the [proposed] brownfield
opportunity area, shall request the municipal government to  review  and
state the municipal government's support or lack of support. The munici-

S. 1678                             7

pal  government's  statement  shall be considered a part of the applica-
tion.
  h. Prior to making an award for assistance, the secretary shall notify
the temporary president of the senate and speaker of the assembly.
  i.  Following  notification  to the applicant that assistance has been
awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
executed  between the department and the applicant or co-applicants. The
secretary shall establish terms and conditions for such contracts as the
secretary deems appropriate, including provisions to define: applicant's
work scope, work schedule, and deliverables; fiscal reports on  budgeted
and  actual  use of funds expended; and requirements for submission of a
final fiscal report. The contract shall also require the distribution of
work products to the department, and, for community based organizations,
to the applicant's municipality. Applicants shall be  required  to  make
the  results  publicly  available. Such contract shall further include a
provision providing that if any responsible party payments become avail-
able to the applicant, the  amount  of  such  payments  attributable  to
expenses paid by the award shall be paid to the department by the appli-
cant; provided that the applicant may first apply such responsible party
payments toward any actual project costs incurred by the applicant.
  J.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 11. Subdivision 4 of section 970-r of the general municipal law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:
  4. Designation of brownfield opportunity area. A. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who shall determine whether
it is consistent with the provisions of this section. If  the  secretary
determines that the nomination is consistent with the provisions of this
section,  the  brownfield  opportunity  area shall be designated. If the
secretary determines that the nomination  is  not  consistent  with  the
provisions  of this section, the secretary shall make recommendations in
writing to the applicant of the manner and nature  in  which  the  nomi-
nation should be amended.
  B.  THE  SECRETARY  SHALL  MAKE  THE DETERMINATION REGARDING WHETHER A
QUALIFIED SITE SUBJECT TO A BROWNFIELD SITE CLEANUP  AGREEMENT  PURSUANT
TO  SECTION  27-1409 OF THE ENVIRONMENTAL CONSERVATION LAW IS CONSISTENT
WITH A DESIGNATED  BROWNFIELD  OPPORTUNITY  AREA.  THE  SECRETARY  SHALL
PROMULGATE REGULATIONS TO ESTABLISH THE PROCESS, CRITERIA AND TIMING FOR
MAKING  DETERMINATIONS  WHETHER  A  QUALIFIED  SITE IS CONSISTENT WITH A
DESIGNATED BROWNFIELD OPPORTUNITY AREA.
  S 12. Subdivision 5 of section 970-r of the general municipal law,  as
added  by  section  1  of  part  F  of chapter 1 of the laws of 2003, is
amended to read as follows:
  5. Priority and preference. The designation of a  brownfield  opportu-
nity  area  pursuant  to this section is intended to serve as a planning
tool.  It alone shall not impose any new obligations on any property  or
property owner.
  A.  UPON  THE  AWARD OF FINANCIAL ASSISTANCE PURSUANT TO THIS SECTION,
THE SECRETARY  SHALL  NOTIFY  THE  DIVISION  OF  HOUSING  AND  COMMUNITY
RENEWAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF
TRANSPORTATION, THE DEPARTMENT OF PARKS, RECREATION AND HISTORIC PRESER-
VATION, AND THE EMPIRE STATE DEVELOPMENT CORPORATION OF SUCH ASSISTANCE,

S. 1678                             8

AND  INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT  INFORMATION  CONCERN-
ING,  WITHOUT LIMITATION, LAND USES, CAPITAL PROJECTS AND PLANS RELATING
TO  PROPERTIES  OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTUNITY AREA
STUDY AREA, EXISTING PLANS AND  PLANNING  DOCUMENTS,  DEMOGRAPHICS,  AND
LOCATION,  MAPS  AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC FACILI-
TIES AND INFRASTRUCTURE.
  B. UPON THE AWARD OF FINANCIAL ASSISTANCE PURSUANT  TO  THIS  SECTION,
THE  SECRETARY  SHALL NOTIFY RELEVANT FEDERAL AND LOCAL AGENCIES OF SUCH
ASSISTANCE, AND INCLUDE IN SUCH NOTIFICATION A DESCRIPTION OF THE BROWN-
FIELD OPPORTUNITY AREA STUDY AREA AND A REQUEST FOR RELEVANT INFORMATION
CONCERNING, WITHOUT LIMITATION, LAND USES, CAPITAL  PROJECTS  AND  PLANS
RELATING  TO PROPERTIES OR THE COMMUNITY WITHIN SUCH BROWNFIELD OPPORTU-
NITY AREA STUDY AREA, EXISTING PLANS AND PLANNING DOCUMENTS,  DEMOGRAPH-
ICS,  AND LOCATION, MAPS AND DESCRIPTION OF EXISTING AND PROPOSED PUBLIC
FACILITIES AND INFRASTRUCTURE.
  C. WITHIN SIX MONTHS OF AN AWARD OF FINANCIAL ASSISTANCE  PURSUANT  TO
THIS  SECTION, THE SECRETARY SHALL SEEK COOPERATION FROM RELEVANT FEDER-
AL, STATE AND LOCAL AGENCIES  IN  THE  GATHERING  OF  INFORMATION  ABOUT
RESOURCES  AND OR PROGRAMS THAT MAY BE RELEVANT TO THE BROWNFIELD OPPOR-
TUNITY AREA STUDY AREA.
  D. To the extent authorized by law, projects in brownfield opportunity
areas designated pursuant to this section shall receive a  priority  and
preference when considered for financial assistance pursuant to articles
fifty-four and fifty-six of the environmental conservation law.
  E. To the extent authorized by law, projects in brownfield opportunity
areas  designated  pursuant  to  this section may receive a priority and
preference when considered for  financial  assistance  pursuant  to  any
other state, federal or local law.
  F.  THE  SECRETARY  SHALL  TAKE  SUCH  MEASURES AS MAY BE NECESSARY TO
DETERMINE THE AVAILABILITY OF SUCH FINANCIAL AND OTHER ASSISTANCE AND TO
SEEK COOPERATION WITH  OTHER  STATE,  FEDERAL  AND  LOCAL  OFFICIALS  IN
PROVIDING  A  PRIORITY  AND  PREFERENCE  TO  APPLICANTS PURSUANT TO THIS
SUBDIVISION.
  G. THE SECRETARY SHALL, IN CONSULTATION  WITH  OTHER  STATE  AGENCIES,
ISSUE  A  BROWNFIELD  OPPORTUNITY AREA PREFERENCE AND PRIORITY REPORT TO
THE GOVERNOR, LEGISLATURE AND MEMBERS SERVING ON  THE  NEW  YORK  BROWN-
FIELDS  ADVISORY  BOARD PURSUANT TO SECTION 27-1435 OF THE ENVIRONMENTAL
CONSERVATION LAW WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  SECTION
AND  EACH  SUBSEQUENT  YEAR THEREAFTER, IDENTIFYING FUNDING PROGRAMS AND
RESOURCES RELEVANT TO AND UTILIZED IN THE IMPLEMENTATION  OF  BROWNFIELD
OPPORTUNITY  AREAS.  STATE  AGENCIES SHALL PROVIDE INFORMATION ABOUT HOW
THEY HAVE SOUGHT TO ACHIEVE PREFERENCE AND PRIORITY FOR  PROJECTS  BUILT
CONSISTENT  WITH  A  DESIGNATED  BROWNFIELD  OPPORTUNITY AREA IN FUNDING
PROGRAMS IDENTIFIED IN THE REPORT, INCLUDING BUT NOT LIMITED TO, MODIFY-
ING PROGRAM ELIGIBILITY AND RANKING CRITERIA TO PROVIDE  FOR  PREFERENCE
AND  PRIORITY FOR PROJECTS BUILT CONSISTENT WITH A DESIGNATED BROWNFIELD
OPPORTUNITY AREA.
  H. FOR TEN YEARS FOLLOWING NOTIFICATION OF FINANCIAL ASSISTANCE, MUNI-
CIPALITIES, COMMUNITY BASED ORGANIZATIONS AND COMMUNITY  BOARDS  AWARDED
FINANCIAL  ASSISTANCE  PURSUANT  TO  THIS  SECTION  SHALL BE REQUIRED TO
SUBMIT AN  ANNUAL  REPORT  TO  THE  SECRETARY  PROJECTING  THE  FUNDING,
PROGRAMS  AND ANY OTHER RESOURCES NEEDED OVER THE UPCOMING FIVE YEARS TO
ADVANCE THEIR BROWNFIELD OPPORTUNITY AREA.
  S 13. Subdivision 6 of section 970-r of the general municipal law,  as
added by section 1 of part F of chapter 1 of the laws of 2003, paragraph

S. 1678                             9

a  as  amended  by  chapter  386  of the laws of 2007 and paragraph h as
amended by section 1 of part F of chapter 577 of the laws  of  2004,  is
amended to read as follows:
  6.  State  assistance for [brownfield site assessments in] IMPLEMENTA-
TION STRATEGIES FOR brownfield opportunity areas. a. Within  the  limits
of appropriations therefor, the [commissioner, in consultation with the]
secretary  [of state,] is authorized to provide, on a competitive basis,
financial assistance to municipalities,  to  community  based  organiza-
tions,  to  community  boards,  or to municipalities and community based
organizations acting in cooperation to conduct [brownfield site  assess-
ments]  IMPLEMENTATION  STRATEGIES  in  a  brownfield  opportunity  area
[designated pursuant to this section]. Such financial  assistance  shall
not  exceed ninety percent of the costs of such brownfield [site assess-
ment] OPPORTUNITY AREA IMPLEMENTATION STRATEGIES.
  b. [Brownfield sites eligible for such assistance must be owned  by  a
municipality, or volunteer as such term is defined in section 27-1405 of
the environmental conservation law.
  c.  Brownfield  site  assessment] IMPLEMENTATION STRATEGIES activities
eligible for funding include, but are not limited  to,  (I)  testing  of
properties  to  determine  the  nature  and  extent of the contamination
(including soil and groundwater), environmental assessments IN  CONFORM-
ANCE  WITH  APPLICABLE REQUIREMENTS OF THE COMMISSIONER, the development
of a proposed remediation strategy to  address  any  identified  contam-
ination IN CONFORMANCE WITH APPLICABLE REQUIREMENTS OF THE COMMISSIONER,
and  any  other  activities  deemed  appropriate by the [commissioner in
consultation with the] secretary [of state]. [Any environmental  assess-
ment shall be subject to the review and approval of such commissioner.
  d.]  BROWNFIELD  SITES ELIGIBLE FOR SUCH ASSISTANCE MUST BE OWNED BY A
MUNICIPALITY, OR VOLUNTEER AS SUCH TERM IS DEFINED IN SECTION 27-1405 OF
THE ENVIRONMENTAL CONSERVATION LAW; (II)  ACTIONS  TO  EFFECTUATE  LOCAL
LAND  USE  CHANGES,  INCLUDING ZONING AND NECESSARY LOCAL LAW AMENDMENTS
IDENTIFIED IN THE BROWNFIELD OPPORTUNITY AREA; (III) ESTABLISHING DESIGN
STANDARDS AND DESIGN GUIDELINES, INCLUDING REQUIREMENTS FOR ENERGY EFFI-
CIENCY, GREEN INFRASTRUCTURE AND WATER RE-USE AND  OTHER  SUSTAINABILITY
AND  GREEN DESIGN ELEMENTS; (IV) ACTIVITIES TO MARKET STRATEGIC SITES IN
A BROWNFIELD OPPORTUNITY AREA AND OTHER ACTIVITIES TO ATTRACT  DEVELOPER
INTEREST;  AND  (V) PRE-DEVELOPMENT ACTIVITIES TO ADVANCE THE BROWNFIELD
OPPORTUNITY AREA.
  C. Applications for such assistance shall be submitted to the [commis-
sioner] SECRETARY in a  format,  and  containing  such  information,  as
prescribed  by the [commissioner in consultation with the] secretary [of
state].
  [e.] D. Funding preferences shall be given to  applications  for  such
assistance  that  relate  to  areas  having one or more of the following
characteristics:
  (1) areas for which the application is a partnered  application  by  a
municipality and a community based organization;
  (2) areas with concentrations of brownfield sites;
  (3)  areas for which the application demonstrates support from a muni-
cipality and a community based organization;
  (4) areas showing indicators of economic distress including low  resi-
dent   incomes,   high  unemployment,  high  commercial  vacancy  rates,
depressed property values; and
  (5) areas with brownfield sites presenting strategic opportunities  to
stimulate  economic  development, community revitalization or the siting
of public amenities.

S. 1678                            10

  [f.] E. The [commissioner] SECRETARY, upon the receipt of an  applica-
tion  for  such  assistance  from  a community based organization not in
cooperation with the  local  government  having  jurisdiction  over  the
[proposed]  brownfield  opportunity  area,  shall  request the municipal
government  to  review  and  state the municipal government's support or
lack of support. The municipal government's statement shall  be  consid-
ered a part of the application.
  [g.]  F.  Prior  to making an award for assistance, the [commissioner]
SECRETARY shall notify the temporary president of  the  senate  and  the
speaker of the assembly.
  [h.]  G.  Following  notification to the applicant that assistance has
been awarded, and prior to disbursement of funds, a  contract  shall  be
executed  between the department and the applicant or co-applicants. The
[commissioner] SECRETARY shall establish terms and conditions  for  such
contracts  as the [commissioner] SECRETARY deems appropriate [in consul-
tation with the secretary of state],  including  provisions  to  define:
applicant's  work scope, work schedule, and deliverables; fiscal reports
on budgeted and actual use  of  funds  expended;  and  requirements  for
submission of a final fiscal report. The contract shall also require the
distribution  of  work  products  to  the department, and, for community
based organizations, to the applicant's municipality.  Applicants  shall
be  required to make the results publicly available. Such contract shall
further include a provision providing  that  if  any  responsible  party
payments  become available to the applicant, the amount of such payments
attributable to expenses paid by the award shall be paid to the  depart-
ment  by the applicant; provided that the applicant may first apply such
responsible party payments towards actual project costs incurred by  the
applicant.
  H.  TO  THE EXTENT THAT THERE ARE UNEXPENDED FUNDS APPROPRIATED TO THE
DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION  FOR  FINANCIAL   ASSISTANCE
AUTHORIZED  IN THIS SUBDIVISION, THE COMMISSIONER SHALL SUBALLOCATE SUCH
FUNDS TO THE SECRETARY.
  S 14. Subdivision 7 of section 970-r of the general municipal law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:
  7. Amendments to designated area. Any proposed amendment to  a  brown-
field  opportunity  area  designated  pursuant  to this section shall be
proposed TO, and reviewed by the secretary[,  in  the  same  manner  and
using  the  same criteria set forth in this section and applicable to an
initial nomination for  the  designation  of  a  brownfield  opportunity
area].  THE  SECRETARY  SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND
TIMEFRAMES FOR REVIEW AND APPROVAL OF AMENDMENTS.
  S 15. Subdivision 8 of section 970-r of the general municipal law,  as
added  by  section  1  of  part  F  of chapter 1 of the laws of 2003, is
amended to read as follows:
  8. Applications. a. All applications for pre-nomination study  assist-
ance  or  applications  for designation of a brownfield opportunity area
shall demonstrate that the following community participation  activities
have been or will be performed by the applicant:
  (1)  identification  of  the  interested  public  and preparation of a
contact list;
  (2) identification of major issues of public concern;
  (3) provision [to] FOR access to the draft and final  application  for
pre-nomination  assistance  and  brownfield opportunity area designation
supporting documents in a manner convenient to the public;

S. 1678                            11

  (4) public notice and newspaper notice of (i) the intent of the  muni-
cipality  and/or community based organization to undertake a pre-nomina-
tion process or prepare a brownfield opportunity area plan, and (ii) the
availability of such application.
  b.  Application  for nomination of a brownfield opportunity area shall
provide the following minimum community participation activities:
  (1) a comment period of at least thirty days on a draft application;
  (2) a public meeting on a brownfield opportunity area  draft  applica-
tion.
  C.  AN  APPLICANT THAT HAS SATISFACTORILY SUBMITTED INFORMATION EQUIV-
ALENT TO A PRE-NOMINATION STUDY MAY FORGO A PRE-NOMINATION STUDY AND  IS
ELIGIBLE  TO  APPLY  FOR STATE ASSISTANCE FOR NOMINATIONS TO DESIGNATE A
BROWNFIELD OPPORTUNITY AREA.
  D. APPLICATIONS FOR PRE-NOMINATION  OR  NOMINATION  PURSUANT  TO  THIS
SECTION  MAY BE SUBMITTED TO THE SECRETARY AT ANY TIME DURING THE CALEN-
DAR YEAR.
  S 16. This act shall take effect immediately.

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