senate Bill S7830

2013-2014 Legislative Session

Relates to the eligibility for participation in the brownfield cleanup program; appropriation

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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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Jun 12, 2014 referred to finance

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S7830 - Bill Details

See Assembly Version of this Bill:
A9967
Current Committee:
Law Section:
Appropriations
Laws Affected:
Amd §§27-1405, 27-1407, 27-1419, 27-1431 & 56-0501, add §27-1437, En Con L; amd §§21 & 171-r, Tax L; amd §970-r, Gen Muni L; amd Part H §31, Chap 1 of 2003; amd §1285-q, Pub Auth L

S7830 - Bill Texts

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Relates to the eligibility for participation in the brownfield cleanup program; makes appropriation therefor.

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BILL NUMBER:S7830

TITLE OF BILL: An act to amend the environmental conservation law,
the tax law and the general municipal law, in relation to eligibility
for participation in the brownfield cleanup program, and assignment of
the brownfield redevelopment tax credits; to amend part H of chapter 1
of the laws of 2003, amending the tax law relating to brownfield
redevelopment tax credits, remediated brownfield credit for real
property taxes for qualified sites and environmental remediation
insurance credits, in relation to tax credits for certain sites; to
amend the public authorities law and the environmental conservation
law, in relation to the environmental restoration program; and making
an appropriation therefor

PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to
reauthorize longterm financing for the State Superfund Program, to
modify the Brownfield Cleanup Program (BCP) and to extend the BCP tax
credits.

SUMMARY OF SPECIFIC PROVISIONS: This bill would:

* extend the BCP tax credits until December 31, 2025;

* authorize the refinancing the State Superfund Program until December
31, 2025;

* appropriate $100 million for the State Superfund Program for State
Fiscal year 2014-15;

* modify BCP eligibility and tax credits;

* authorize funding for the Environmental Restoration Program;

* establish a voluntary program for applicants who wish to receive a
liability waiver only; and,

* provide additional BCP tax credits for the development of affordable
housing, Track 1 clean ups, Brownfield opportunity areas, and
environmental zones.

JUSTIFICATION: The Brownfield Cleanup Program tax credits are set to
expire March 31, 2015 and a portion of the funding authorization for
the State Superfund program expired March 31, 2013. This legislation
represents an effort to modify the program, authorize Superfund
refinancing, and extend the Brownfield Cleanup Program tax credits.

PRIOR LEGISLATIVE HISTORY: This is new legislation.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be
determined.

EFFECTIVE DATE: This act shall take effect immediately; provided that
sections fourteen, fifteen and seventeen of this act shall be deemed
to have been in full force and effect on and after April 1, 2014; and
provided, further that sections one, two, three, five, six, eight,
nine, ten, twelve and sixteen of this act shall take effect January 1,
2016.


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

                                  7830

                            I N  S E N A T E

                              June 12, 2014
                               ___________

Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

AN ACT to amend the environmental conservation law, the tax law and  the
  general municipal law, in relation to eligibility for participation in
  the brownfield cleanup program, and assignment of the brownfield rede-
  velopment  tax  credits;  to  amend part H of chapter 1 of the laws of
  2003, amending the tax law relating to  brownfield  redevelopment  tax
  credits,  remediated  brownfield  credit  for  real property taxes for
  qualified sites and environmental remediation  insurance  credits,  in
  relation to tax credits for certain sites; to amend the public author-
  ities  law  and the environmental conservation law, in relation to the
  environmental restoration program; and making an appropriation  there-
  for

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

  Section 1.  The opening paragraph and paragraph (a) of  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, are amended  and
two new subdivisions 29 and 30 are added to read as follows:
  "Brownfield  site"  or "site" shall mean any real property[, the rede-
velopment or reuse of which may be complicated by the presence or poten-
tial presence of] WHERE a contaminant IS PRESENT AT LEVELS EXCEEDING THE
SOIL CLEANUP OBJECTIVES THAT ARE  APPLICABLE  BASED  ON  THE  REASONABLY
ANTICIPATED  USE OF THE PROPERTY. Such term shall not include real prop-
erty:
  (a) 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  arti-
cle;  provided,  however  [except  until July first, two thousand five],
real property  listed  in  the  registry  of  inactive  hazardous  waste
disposal  sites under subparagraph two of paragraph b of subdivision two
of section 27-1305 of this article [prior to the effective date of  this
article],  where such real property is owned by a volunteer shall not be

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15509-01-4

S. 7830                             2

deemed ineligible to participate and further provided that the status of
any such site as listed in the registry shall not be  altered  prior  to
the  issuance of a certificate of completion pursuant to section 27-1419
of  this  title.  THE  DEPARTMENT'S ASSESSMENT OF ELIGIBILITY UNDER THIS
PARAGRAPH SHALL NOT  CONSTITUTE  A  FINDING  CONCERNING  LIABILITY  WITH
RESPECT TO THE PROPERTY;
  29.  "UNDERUTILIZED"  SHALL  MEAN THE BROWNFIELD SITE AND ANY IMPROVE-
MENTS:
  (A) ON WHICH A BUILDING OR BUILDINGS CONTAINING  NO  MORE  THAN  FIFTY
PERCENT  OF  THE PERMISSIBLE FLOOR AREA UNDER APPLICABLE ZONING IS BEING
UTILIZED; OR
  (B) HAS A VALUE OF EQUAL TO OR LESS THAN SEVENTY PERCENT OF THE  AVER-
AGE  VALUATION  OF  LAND  IN  THE  COUNTY  OR  CITY IN WHICH THE LAND IS
LOCATED, EXCEPT IN A CITY HAVING A POPULATION OF  ONE  MILLION  OR  MORE
INHABITANTS  WHERE THE AVERAGE VALUATION SHALL BE BASED ON THE COUNTY IN
WHICH THE LAND IS LOCATED; OR
  (C) HAS BEEN CERTIFIED BY  THE  MUNICIPALITY  IN  WHICH  THE  SITE  IS
LOCATED AS UNDERUTILIZED PURSUANT TO THE CRITERIA IN THIS SUBDIVISION.
  30.  "FUNCTIONALLY OBSOLESCENT" SHALL MEAN THE BROWNFIELD SITE AND ANY
IMPROVEMENTS THEREON THAT:
  (A) CAN NO LONGER BE FUNCTIONALLY  OR  ECONOMICALLY  UTILIZED  IN  THE
CAPACITY IN WHICH IT WAS FORMERLY UTILIZED BECAUSE OF:
  (I) THE CONFIGURATION OF THE BUILDING; OR
  (II)  SUBSTANTIAL  STRUCTURAL  DEFECTS  NOT  BROUGHT ABOUT BY DEFERRED
MAINTENANCE PRACTICES OR INTENTIONAL CONDUCT; OR
  (B) THE ENTIRE SITE OR A SIGNIFICANT PORTION THEREOF, WITH OR  WITHOUT
IMPROVEMENTS IS USED IRREGULARLY OR INTERMITTENTLY; OR
  (C)  THE  FUNCTIONALITY OF THE EQUIPMENT INSIDE THE BUILDING OR BUILD-
INGS IS OBSOLETE FOR A MODERN DAY APPLICATION.
  S 2. Section 27-1407 of the environmental conservation law is  amended
by adding a new subdivision 1-a to read as follows:
  1-A. FOR THOSE SITES FOR WHICH THE APPLICANT HAS SUBMITTED AN APPLICA-
TION  ON  OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, IF THE PERSON IS
ALSO SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT  COMPONENT  OF  THE
BROWNFIELD  REDEVELOPMENT  TAX  CREDIT  PURSUANT  TO  PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SUCH  PERSON  SHALL
SUBMIT  INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE SITE: (1) (I) HAS
BEEN A VACANT LOT FOR FOUR OR MORE YEARS, OR (II) CONSISTS OF A BUILDING
OR BUILDINGS THAT HAVE BEEN VACANT FOR TWO OR MORE YEARS, OR (III) IS  A
UNDERUTILIZED OR FUNCTIONALLY OBSOLESCENT; AND (2) THE PROJECTED COST OF
THE  INVESTIGATION  AND  REMEDIATION  WHICH IS PROTECTIVE FOR THE ANTIC-
IPATED USE OF THE SITE EXCEEDS THIRTY PERCENT OF THE CERTIFIED APPRAISED
VALUE OF THE PROPERTY ABSENT CONTAMINATION.
  SITES ARE NOT ELIGIBLE FOR TANGIBLE PROPERTY TAX CREDITS  IF  (1)  THE
CONTAMINATION  IS  SOLELY  EMANATING  FROM  PROPERTY OTHER THAN THE SITE
SUBJECT TO THE PRESENT APPLICATION; OR (2) THE DEPARTMENT HAS DETERMINED
THAT THE PROPERTY HAS PREVIOUSLY BEEN REMEDIATED SUCH  THAT  IT  MAY  BE
DEVELOPED FOR ITS THEN INTENDED USE.
  S  3.  Subdivision 6 of section 27-1407 of the environmental conserva-
tion law, as added by section 1 of part A of chapter 1 of  the  laws  of
2003, is amended to read as follows:
  6.  The  department shall use all best efforts to expeditiously notify
the applicant within forty-five days after receiving their  request  for
participation that such request is either accepted or rejected, AND, FOR
ANY  APPLICANT SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT COMPONENT
OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO  PARAGRAPH  THREE

S. 7830                             3

OF  SUBDIVISION  (A)  OF  SECTION TWENTY-ONE OF THE TAX LAW, WHETHER THE
CRITERIA FOR RECEIVING SUCH COMPONENT AS SET FORTH IN SUBDIVISION ONE OF
THIS SECTION HAVE BEEN MET.
  S  4.  Subdivision 9 of section 27-1407 of the environmental conserva-
tion law is amended by adding a new paragraph (g) to read as follows:
  (G) THE PERSON'S PARTICIPATION  IN  ANY  REMEDIAL  PROGRAM  UNDER  THE
DEPARTMENT'S  OVERSIGHT  WAS  TERMINATED BY THE DEPARTMENT OR BY A COURT
FOR FAILURE TO SUBSTANTIALLY COMPLY WITH AN AGREEMENT OR ORDER.
  S 5.  The opening paragraph of subdivision 3 of section 27-1419 of the
environmental conservation law, as amended by chapter 390 of the laws of
2008, is amended to read as follows:
  Upon receipt of the final engineering  report,  the  department  shall
review  such  report  and  the data submitted pursuant to the brownfield
site cleanup agreement as well as any other relevant information regard-
ing the brownfield site. Upon satisfaction of the commissioner that  the
remediation  requirements  set  forth in this title have been or will be
achieved in accordance with the timeframes, if any, established  in  the
remedial  work  plan, the commissioner shall issue a written certificate
of completion[, such]. THE certificate shall include such information as
determined by the department of taxation and finance, including but  not
limited  to  the  brownfield site boundaries included in the final engi-
neering report, the date of the brownfield site CLEANUP agreement pursu-
ant to section 27-1409 of this title,  and  the  applicable  percentages
available  for  that  site for purposes of section twenty-one of the tax
law[, with such percentages to be determined as follows with respect  to
such qualified site]. FOR THOSE SITES FOR WHICH AN APPLICANT HAS SUBMIT-
TED  AN  APPLICATION  TO PARTICIPATE IN THIS PROGRAM ON OR AFTER JANUARY
FIRST, TWO THOUSAND SIXTEEN, THE TANGIBLE PROPERTY CREDIT  COMPONENT  OF
THE  BROWNFIELD  REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF  THE  TAX  LAW  SHALL  ONLY  BE
AVAILABLE TO THE TAXPAYER IF THE DEPARTMENT'S NOTICE INCLUDES A DETERMI-
NATION THAT THE CRITERIA FOR RECEIVING SUCH TAX COMPONENT HAVE BEEN MET.
FOR  THOSE  SITES  for  which  the department has issued a notice to the
taxpayer after June twenty-third, two thousand eight  that  its  request
for  participation  has  been  accepted under subdivision six of section
27-1407 of this title:
  S 6. Subdivision 5 of section 27-1419 of the  environmental  conserva-
tion  law,  as amended by section 9 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
  5. A certificate of completion issued pursuant to this section may  be
transferred  to  the  applicant's successors or assigns upon transfer or
sale of the brownfield site.  Further, a certificate of  completion  may
be modified or revoked by the commissioner upon a finding that:
  (a)  Either  the  applicant, or the applicant's successors or assigns,
has failed to comply with the terms and  conditions  of  the  brownfield
site cleanup agreement;
  (b)  The applicant made a misrepresentation of a material fact tending
to demonstrate that (I) it was qualified as a volunteer OR (II) MET  THE
CRITERIA SET FORTH IN SUBDIVISION ONE-A OF SECTION 27-1407 OF THIS TITLE
FOR  THE  PURPOSE OF RECEIVING THE TANGIBLE PROPERTY CREDIT COMPONENT OF
THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH  THREE  OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW;
  (c)  Either  the  applicant, or the applicant's successors or assigns,
made a misrepresentation of a material fact tending to demonstrate  that
the  cleanup  levels identified in the brownfield site cleanup agreement
were reached; [or]

S. 7830                             4

  (d) THE ENVIRONMENTAL EASEMENT CREATED AND RECORDED PURSUANT TO  TITLE
THIRTY-SIX  OF ARTICLE SEVENTY-ONE OF THIS CHAPTER NO LONGER PROVIDES AN
EFFECTIVE OR ENFORCEABLE MEANS OF ENSURING THE  PERFORMANCE  OF  MAINTE-
NANCE,  MONITORING  OR  OPERATING  REQUIREMENTS,  OR THE RESTRICTIONS ON
FUTURE  USES,  INCLUDING  RESTRICTIONS  ON  DRILLING  FOR OR WITHDRAWING
GROUNDWATER; OR
  (E) There is good cause for such modification or revocation.
  S 7. Subdivision 1 of section 27-1431 of the  environmental  conserva-
tion law is amended by adding a new paragraph c to read as follows:
  C. TO INSPECT FOR COMPLIANCE WITH THE SITE MANAGEMENT PLAN APPROVED BY
THE  DEPARTMENT,  INCLUDING (I) INSPECTION OF THE PERFORMANCE OF MAINTE-
NANCE, MONITORING AND OPERATIONAL ACTIVITIES REQUIRED  AS  PART  OF  THE
REMEDIAL  PROGRAM  FOR  THE  SITE, AND (II) TAKING SAMPLES IN ACCORDANCE
WITH PARAGRAPH A OF THIS SUBDIVISION.
  S 8. The environmental conservation law is amended  by  adding  a  new
section 27-1437 to read as follows:
S 27-1437. BCP LIABILITY ONLY WAIVER PROGRAM.
  THE  APPLICANT MAY WAIVE ANY CLAIM FOR TAX CREDITS PURSUANT TO SECTION
TWENTY-ONE OF THE TAX LAW. ANY SUCH WAIVER SHALL BE ON A FORM PRESCRIBED
BY THE DEPARTMENT.
  S 9. Paragraph 3 of subdivision (a) of section 21 of the tax  law,  as
amended  by  chapter  390  of  the  laws  of 2008, is amended to read as
follows:
  (3) Tangible property credit component. The tangible  property  credit
component  shall  be  equal  to the applicable percentage of the cost or
other basis for federal income tax purposes of tangible personal proper-
ty and other  tangible  property,  including  buildings  and  structural
components  of  buildings, which constitute qualified tangible property;
provided, however, that in determining the cost or other basis  of  such
property, the taxpayer shall exclude the acquisition cost of any item of
property with respect to which a credit under this section was allowable
to another taxpayer. WITH RESPECT TO ANY QUALIFIED SITE THAT IS ELIGIBLE
FOR  THE FIVE PERCENT AFFORDABLE HOUSING TANGIBLE PROPERTY CREDIT COMPO-
NENT PURSUANT TO CLAUSE (III) OF SUBPARAGRAPH (A) OF PARAGRAPH  FIVE  OF
THIS SUBDIVISION, THAT PORTION OF THE TANGIBLE PROPERTY CREDIT COMPONENT
WILL  BE  DETERMINED  BY  MULTIPLYING  THE TOTAL COSTS QUALIFIED FOR THE
TANGIBLE PROPERTY CREDIT COMPONENT BY A FRACTION, THE NUMERATOR OF WHICH
SHALL BE THE SQUARE FOOTAGE OF SPACE OF  THE  AFFORDABLE  HOUSING  UNITS
DEDICATED TO RESIDENTIAL OCCUPANCY AND THE DENOMINATOR OF WHICH SHALL BE
THE TOTAL SQUARE FOOTAGE OF THE BUILDING. The credit component amount so
determined shall be allowed for the taxable year in which such qualified
tangible  property is placed in service on a qualified site with respect
to which a certificate of completion has been issued to the taxpayer for
up to ten taxable years after the date of the issuance of  such  certif-
icate  of  completion.  The  tangible property credit component shall be
allowed with respect to property leased to a second party only  if  such
second  party  is either (i) not a party responsible for the disposal of
hazardous waste or the discharge of petroleum at the site  according  to
applicable  principles  of  statutory or common law liability, or (ii) a
party responsible according to applicable  principles  of  statutory  or
common law liability if such party's liability arises solely from opera-
tion  of  the  site subsequent to the disposal of hazardous waste or the
discharge of petroleum, and is so certified by the commissioner of envi-
ronmental conservation at the  request  of  the  taxpayer,  pursuant  to
section  27-1419  of the environmental conservation law. Notwithstanding
any other provision of law to the contrary, in the case of allowance  of

S. 7830                             5

credit  under this section to such a lessor, the commissioner shall have
the authority to reveal to such lessor any information, with respect  to
the issue of qualified use of property by the lessee, which is the basis
for  the denial in whole or in part, or for the recapture, of the credit
claimed by such lessor. For purposes of  the  tangible  property  credit
component  allowed  under  this section the taxpayer to whom the certif-
icate of completion is issued, as provided for under subdivision five of
section 27-1419 of the environmental conservation law, may transfer  the
benefits  and  burdens  of the certificate of completion, which run with
the land and to the applicant's successors or assigns upon  transfer  or
sale  of  all  or  any portion of an interest or estate in the qualified
site. However, the taxpayer to whom certificate's benefits  and  burdens
are  transferred  shall  not  include  the  cost of acquiring all or any
portion of an interest or estate in the site and the amounts included in
the cost or other basis for federal income  tax  purposes  of  qualified
tangible  property  already claimed by the previous taxpayer pursuant to
this section.
  S 10. Paragraph 5 of subdivision (a) of section 21 of the tax  law  is
amended by adding two new subparagraphs (A) and (B) to read as follows:
  (A)  WITH  RESPECT  TO  SUCH QUALIFIED SITE FOR WHICH THE TAXPAYER HAS
SUBMITTED AN  APPLICATION  TO  PARTICIPATE  IN  THE  BROWNFIELD  CLEANUP
PROGRAM  ON OR AFTER JANUARY FIRST, TWO THOUSAND SIXTEEN, THE APPLICABLE
PERCENTAGE FOR THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE  BROWNFIELD
REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION
SHALL  BE  THE  SUM OF TEN PERCENT AND THE FOLLOWING ADDITIONAL PERCENT-
AGES, PROVIDED THAT THE TOTAL PERCENTAGE OF THE TANGIBLE PROPERTY CREDIT
COMPONENT SHALL NOT EXCEED THIRTY PERCENT AND IS  OTHERWISE  SUBJECT  TO
THE LIMITATIONS SET FORTH IN PARAGRAPHS THREE AND THREE-A OF THIS SUBDI-
VISION:
  (I)  FIVE  PERCENT  FOR  SITES  REMEDIATED  TO TRACK 1 AS THAT TERM IS
DEFINED IN SUBDIVISION FOUR OF  SECTION  27-1415  OF  THE  ENVIRONMENTAL
CONSERVATION LAW;
  (II)  FIVE  PERCENT  FOR A SITE LOCATED WITHIN A DESIGNATED BROWNFIELD
OPPORTUNITY AREA IF THE PROPOSED DEVELOPMENT OF THE SITE IS CERTIFIED TO
BE IN CONFORMANCE WITH THE GOALS AND  PRIORITIES  ESTABLISHED  FOR  SUCH
BROWNFIELD OPPORTUNITY AREA PLAN PURSUANT TO SECTION NINE HUNDRED SEVEN-
TY-R OF THE GENERAL MUNICIPAL LAW;
  (III)  FIVE PERCENT FOR SITES DEVELOPED AS AFFORDABLE HOUSING, DEFINED
AS HAVING AT LEAST TWENTY PERCENT OF ITS RESIDENTIAL UNITS AVAILABLE  TO
HOUSEHOLDS  WHOSE ANNUAL INCOME AT THE TIME OF ADMISSION DOES NOT EXCEED
EIGHTY PERCENT OF THE MEDIAN INCOME ADJUSTED FOR FAMILY SIZE, EITHER FOR
THE METROPOLITAN STATISTICAL AREA IF THE SITE IS LOCATED WITHIN SUCH  AN
AREA  OR  THE  COUNTY  IF  IT IS NOT, AS MOST RECENTLY DETERMINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT.  DURING  THE
TIME  OF  OCCUPANCY  IF  A HOUSEHOLD'S ANNUAL INCOME EXCEEDS ONE HUNDRED
TWENTY PERCENT OF THE MEDIAN INCOME AND SUCH HOUSEHOLD IS RESIDING IN AN
AFFORDABLE HOUSING UNIT SUCH UNIT SHALL NO LONGER BE COUNTED TOWARDS THE
TWENTY PERCENT REQUIREMENT IN  THIS  CLAUSE.    IF  THE  TWENTY  PERCENT
REQUIREMENT  IS  NO  LONGER BEING MET DUE TO INCREASED HOUSEHOLD INCOME,
THE OWNER OF THE SITE OR AGENT THEREOF SHALL MAKE ANY CURRENT OR  FUTURE
VACANT UNITS THAT ARE COMPARABLE IN NATURE AVAILABLE TO HOUSEHOLDS WHOSE
INCOME  DOES  NOT  EXCEED  EIGHTY PERCENT OF THE MEDIAN INCOME UNTIL THE
TWENTY PERCENT REQUIREMENT IS MET. UNLESS AFFORDABLE UNITS ARE DEVELOPED
UNDER A FEDERAL, STATE OR MUNICIPAL PROGRAM HAVING CONTRARY REQUIREMENTS
ALL AFFORDABLE UNITS MUST HAVE A COMPARABLE NUMBER OF  BEDROOMS  AS  THE
MARKET  RATE  UNITS, OR AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING

S. 7830                             6

MUST HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE  PERCENT  OF
THE  AFFORDABLE  HOUSING  CAN BE SMALLER THAN ONE BEDROOM. RENT FOR SUCH
AFFORDABLE HOUSING SHALL NOT EXCEED THIRTY PERCENT  OF  THE  HOUSEHOLD'S
NET INCOME; AND
  (IV) FIVE PERCENT FOR A SITE WITHIN AN ENVIRONMENTAL ZONE.
  (B) THE TAXPAYER SHALL SUBMIT, IN THE MANNER PRESCRIBED BY THE COMMIS-
SIONER,  INFORMATION  SUFFICIENT  TO DEMONSTRATE THAT THE SITE QUALIFIES
FOR ANY CREDIT COMPONENTS AVAILABLE UNDER CLAUSES (I)  THROUGH  (IV)  OF
SUBPARAGRAPH (A) OF THIS PARAGRAPH.
  S 11. Section 171-r of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
  (E)  THE  COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION, SHALL PUBLISH BY JANUARY THIRTY-FIRST, TWO THOU-
SAND FIFTEEN A SUPPLEMENTAL  BROWNFIELD  CREDIT  REPORT  CONTAINING  THE
INFORMATION  REQUIRED  BY THIS SECTION ABOUT THE CREDITS CLAIMED FOR THE
YEARS TWO THOUSAND FIVE, TWO THOUSAND SIX, AND TWO THOUSAND SEVEN.
  S 12. Section 970-r of the general municipal law is amended by  adding
a new subdivision 10 to read as follows:
  10.  THE  SECRETARY  SHALL REVIEW REQUESTS FOR TAX CREDITS PURSUANT TO
CLAUSE (II) OF SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBDIVISION (A)  OF
SECTION  TWENTY-ONE  OF  THE  TAX  LAW  FOR  BROWNFIELD OPPORTUNITY AREA
CONFORMANCE. IN ESTABLISHING CRITERIA, THE SECRETARY SHALL CONSIDER  HOW
THE  PROPOSED  USE  AND  DEVELOPMENT  ADVANCES  THE GOALS AND PRIORITIES
ESTABLISHED FOR THAT APPLICABLE BROWNFIELD OPPORTUNITY  AREA  AS  DESIG-
NATED PURSUANT TO THIS SECTION.
  S  13. Section 31 of part H of chapter 1 of the laws of 2003, amending
the tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and  envi-
ronmental  remediation  insurance  credits, as amended by chapter 474 of
the laws of 2012, is amended to read as follows:
  S 31. The tax credits allowed under section 21, 22 or 23  of  the  tax
law  and  the corresponding provisions in articles 9, 9-A, 22, 32 and 33
of the tax law, as added by the provisions of sections one through twen-
ty-nine of this act,  shall  not  be  applicable  if  the  [remediation]
certificate OF COMPLETION required to qualify for any of such credits is
issued after [March 31, 2015] DECEMBER 31, 2025.
  S 14. Subdivisions 1 and 3 of section 1285-q of the public authorities
law,  as  added by section 6 of part I of chapter 1 of the laws of 2003,
are amended to read as follows:
  1. Subject to chapter fifty-nine of the  laws  of  two  thousand,  but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing  of  hazardous  waste  site  remediation projects for payment of the
state's share of the costs of the remediation of hazardous waste  sites,
in  accordance  with title thirteen of article twenty-seven of the envi-
ronmental conservation law  and  section  ninety-seven-b  of  the  state
finance  law, and for payment of state costs associated with the remedi-
ation of offsite contamination at significant threat sites  as  provided
in  section 27-1411 of the environmental conservation law, AND BEGINNING
IN STATE FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND  FIFTEEN,  FOR
ENVIRONMENTAL  RESTORATION  PROJECTS  PURSUANT  TO TITLE FIVE OF ARTICLE
FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW  PROVIDED  THAT  FUNDING
FOR  SUCH  PROJECT SHALL NOT EXCEED TEN PERCENT OF THE FUNDING APPROPRI-
ATED FOR THE PURPOSES OF  FINANCING  HAZARDOUS  WASTE  SITE  REMEDIATION
PROJECTS,  PURSUANT  TO  TITLE  THIRTEEN  OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW, IN ANY STATE  FISCAL  YEAR  pursuant  to

S. 7830                             7

capital appropriations made to the department of environmental conserva-
tion,  the  director  of  the division of budget and the corporation are
each authorized to enter into one or more  service  contracts,  none  of
which  shall exceed twenty years in duration, upon such terms and condi-
tions as the director and the corporation may agree, so as  to  annually
provide  to  the  corporation  in the aggregate, a sum not to exceed the
annual debt service payments and related expenses required for any bonds
and notes authorized pursuant to section twelve hundred ninety  of  this
title.  Any service contract entered into pursuant to this section shall
provide that the obligation of the state to fund or to pay  the  amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory  only  to  the  extent  of moneys available for such purposes,
subject to annual appropriation by the  legislature.  Any  such  service
contract  or  any payments made or to be made thereunder may be assigned
and pledged by the corporation as security for its bonds and  notes,  as
authorized pursuant to section twelve hundred ninety of this title.
  3.  The  maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation  projects  AND  ENVIRONMENTAL
RESTORATION  PROJECTS  authorized by this section shall not exceed [one]
TWO billion two hundred million dollars and shall not exceed one hundred
twenty million dollars for appropriations enacted for any  state  fiscal
year,  provided that the bonds not issued for such appropriations may be
issued pursuant to reappropriation in subsequent fiscal years. No  bonds
shall be issued for the repayment of any new appropriation enacted after
[March]  DECEMBER  thirty-first, two thousand [thirteen] TWENTY-FIVE for
hazardous waste site remediation projects authorized  by  this  section.
Amounts  authorized  to  be issued by this section shall be exclusive of
bonds issued to fund any debt service reserve funds, pay costs of  issu-
ance  of  such  bonds,  and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such  bonds  and  notes  of  the
corporation shall not be a debt of the state, and the state shall not be
liable  thereon,  nor  shall they be payable out of any funds other than
those appropriated by this state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant  to
subdivision  one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
  S 15. Section 56-0501 of the environmental conservation law, as  added
by chapter 413 of the laws of 1996, is amended to read as follows:
S 56-0501. Allocation of moneys.
  1. Of the moneys received by the state from the sale of bonds pursuant
to  the  Clean  Water/Clean  Air  Bond  Act of 1996, two hundred million
dollars ($200,000,000) shall be available for disbursements for environ-
mental restoration projects.
  2. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND FOURTEEN--TWO  THOUSAND
FIFTEEN  ENVIRONMENTAL  RESTORATION  PROJECTS  MAY  BE  FUNDED USING THE
PROCEEDS  OF  BONDS  ISSUED   PURSUANT   TO   SECTION   TWELVE   HUNDRED
EIGHTY-FIVE-Q  OF  THE  PUBLIC AUTHORITIES LAW PROVIDED THAT FUNDING FOR
SUCH PROJECTS SHALL CONFORM TO THE LIMITATIONS PROVIDED  IN  SUBDIVISION
ONE OF SUCH SECTION.
  S 16. Subparagraph (B) of paragraph 6 of subdivision (b) of section 21
of  the  tax law, as amended by section 1 of part G of chapter 62 of the
laws of 2006, is amended to read as follows:
  (B) areas that have a poverty rate of at least two times  the  poverty
rate for the county in which the areas are located for the year to which
the  data relate [provided, however, that a qualified site shall only be

S. 7830                             8

deemed to be located in an environmental zone  under  this  subparagraph
(B)  if such site was the subject of a brownfield site cleanup agreement
pursuant to section 27-1409 of the environmental conservation  law  that
was entered into prior to September first, two thousand ten].
  Such  designation  shall  be made and a list of all such environmental
zones shall be established by the commissioner of  economic  development
no later than December thirty-first, two thousand four [provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the  subject  of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation  law  that  was  entered  into
prior to September first, two thousand ten].
  S  17. The sum of one hundred million dollars ($100,000,000) is hereby
appropriated to the department of environmental conservation out of  any
moneys  in  the  state treasury in the capital fund to the credit of the
hazardous waste cleanup account, not otherwise  appropriated,  and  made
immediately available, for the purpose of carrying out the provisions of
this  act.  Such moneys shall be payable on the audit and warrant of the
comptroller on vouchers certified or approved  by  the  commissioner  of
environmental conservation in the manner prescribed by law.
  S  18.  Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of  competent
jurisdiction  to  be  invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment  shall  have
been rendered. It is hereby declared to be the intent of the legislature
that  this  act  would have been enacted even if such invalid provisions
had not been included herein.
  S 19. This act shall take effect immediately; provided  that  sections
fourteen, fifteen and seventeen of this act shall be deemed to have been
in  full  force  and  effect  on  and after April 1, 2014; and provided,
further that sections one, two, three,  five,  six,  eight,  nine,  ten,
twelve and sixteen of this act shall take effect January 1, 2016.

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