|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|May 21, 2014||referred to environmental conservation|
senate Bill S7632
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7632 - Details
- Law Section:
- Environmental Conservation Law
- Laws Affected:
- Amd §§56-0503, 56-0505, 56-0508, 56-0502 & 56-0501, En Con L; amd §1285-q, Pub Auth L; amd §97-b, St Fin L
S7632 - Sponsor Memo
BILL NUMBER:S7632 TITLE OF BILL: An act to amend the environmental conservation law, the public authorities law, and the state finance law, in relation to environmental restoration projects PURPOSE: To authorize the Department of Environmental Conservation (DEC) to undertake Environmental Restoration Projects on behalf of municipalities and provide access to funding thereof. SUMMARY OF PROVISIONS: The environmental conservation law is amended to authorize DEC to undertake environmental restoration projects on behalf of municipalities upon request. The public authorities law is amended to authorize certain bond proceeds to be used for environmental restoration program remediation projects. The state finance law is amended to conform to provisions of this bill. JUSTIFICATION: The Environmental Restoration Program (ERP) provides grants to municipalities for the remediation of publicly owned brownfield properties. Once remediated, these formerly contaminated parcels are either repurposed for public benefit or sold and put back into productive use and onto the tax roll.
S7632 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7632 I N S E N A T E May 21, 2014 ___________ Introduced by Sen. O'BRIEN -- 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 authori- ties law, and the state finance law, in relation to environmental restoration projects THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 2 of section 56-0503 of the environmental conservation law, as amended by section 4 of part D of chapter 1 of the laws of 2003, is amended and a new subdivision 3 is added to read as follows: (c) A provision that THE MUNICIPALITY SHALL ASSIST IN IDENTIFYING A RESPONSIBLE PARTY BY SEARCHING LOCAL RECORDS, INCLUDING PROPERTY TAX ROLLS, OR DOCUMENT REVIEWS, AND if, in accordance with the required departmental approval of any settlement with a responsible party, any responsible party payments become available to the municipality, before, during or after the completion of an environmental restoration project, which were not included when the state share was calculated pursuant to this section, the state assistance share shall be recalculated, and the municipality shall pay to the state, for deposit into the environmental restoration project account of the hazardous waste remedial fund estab- lished under section ninety-seven-b of the state finance law, the difference between the original state assistance payment and the recal- culated state share. Recalculation of the state share shall be done each time a payment from a responsible party is received by the municipality; 3. THE DEPARTMENT MAY UNDERTAKE AN ENVIRONMENTAL RESTORATION PROJECT ON BEHALF OF A MUNICIPALITY UPON REQUEST. IF THE DEPARTMENT UNDERTAKES THE PROJECT ON BEHALF OF THE MUNICIPALITY, THE STATE SHALL ENTER INTO AN AGREEMENT WITH THE MUNICIPALITY AND THE AGREEMENT SHALL REQUIRE THE MUNICIPALITY TO PERIODICALLY PROVIDE ITS SHARE TO THE STATE FOR COSTS INCURRED DURING THE PROGRESS OF SUCH PROJECT. THE MUNICIPALITY'S SHARE SHALL BE THE SAME AS WOULD BE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION. THE AGREEMENT SHALL INCLUDE ALL PROVISIONS SPECIFIED IN SUBDI- VISION TWO OF THIS SECTION AS APPROPRIATE. FOR PURPOSES OF PROJECTS SUBJECT TO AGREEMENTS UNDER THIS SUBDIVISION, ALL REFERENCES TO CONTRACTS IN THIS TITLE SHALL ALSO APPLY TO AGREEMENTS UNDER THIS SUBDI- VISION AS APPROPRIATE.
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