S T A T E   O F   N E W   Y O R K
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                                 4998--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               May 3, 2013
                               ___________

Introduced  by  Sen.  LANZA  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation
  -- reported favorably from said committee and committed to the Commit-
  tee  on  Finance  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  environmental  conservation law, in relation to
  prohibiting special  assessments  on  hazardous  wastes  generated  by
  certain sites

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

  Section 1. Subdivision 1  of  section  27-0923  of  the  environmental
conservation  law  is  amended  by  adding  a new paragraph g to read as
follows:
  G. NO SPECIAL ASSESSMENT  SHALL  BE  IMPOSED  UNDER  THIS  SECTION  ON
HAZARDOUS  WASTE  GENERATED BY A PROJECT AT A "BROWNFIELD SITE" PROVIDED
THAT THE "APPLICANT" IS A "VOLUNTEER"  AND  THE  "REMEDIAL  PROGRAM"  IS
ADMINISTERED  BY  A  CITY, TOWN, VILLAGE OR COUNTY AND COMPLIES WITH THE
REMEDIAL PROGRAM REQUIREMENTS OF THE BROWNFIELD CLEANUP PROGRAM AS  SUCH
TERMS  ARE  DEFINED  IN SECTION 27-1405 OF THIS ARTICLE PROVIDED FURTHER
THAT SUCH PROJECT IS SOLELY CONDUCTED FOR THE PURPOSE AND RESULTS IN THE
DEVELOPMENT OF LOW-INCOME HOUSING AND THE REMEDIAL PROGRAM IS SUBJECT TO
A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT THAT  IS  MEMORIALIZED
BY  THE STATE LEGISLATURE BY SPECIAL OR GENERAL LAW. FOR THE PURPOSES OF
THIS SECTION LOW-INCOME HOUSING SHALL MEAN HOUSING  FOR  INDIVIDUALS  AT
EIGHTY  PERCENT  OR  LESS  OF  THE  AREA  MEDIAN INCOME FOR METROPOLITAN
STATISTICAL AREA.
  S 2. Subparagraph (vii) of paragraph d of  subdivision  1  of  section
72-0402  of the environmental conservation law, as amended by chapter 99
of the laws of 2010, is amended and a new subparagraph (viii)  is  added
to read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10574-04-3

              

S. 4998--A                          2

  (vii)  under  an  environmental  restoration  project state assistance
contract with the department pursuant to section 56-0503 of  this  chap-
ter[.]; OR
  (VIII)  PURSUANT  TO PARAGRAPH G OF SUBDIVISION ONE OF SECTION 27-0923
OF THIS CHAPTER.
  S 3. The memorandum of agreement between the New York state department
of environmental conservation and the New York City Office  of  Environ-
mental  Remediation  providing the New York City Mayor's Office of Envi-
ronmental Remediation with the authority to create and operate  the  New
York  City Local Brownfield Cleanup Program, signed on May 11, 2009, and
such terms as they existed as of such date and  any  extension  of  time
thereto  is  hereby memorialized, ratified and validated by the Legisla-
ture for the purpose of section 27-0923 of the  environmental  conserva-
tion law.
  S 4. This act shall take effect April 1, 2014.