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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| May 05, 2016 |
referred to environmental conservation delivered to assembly passed senate |
| Mar 28, 2016 |
advanced to third reading |
| Mar 23, 2016 |
2nd report cal. |
| Mar 22, 2016 |
1st report cal.396 |
| Mar 04, 2016 |
print number 5143a |
| Mar 04, 2016 |
amend and recommit to local government |
| Jan 06, 2016 |
referred to local government returned to senate died in assembly |
| Jun 16, 2015 |
referred to environmental conservation delivered to assembly passed senate ordered to third reading cal.1672 committee discharged and committed to rules |
| May 04, 2015 |
referred to local government |
Senate Bill S5143A
2015-2016 Legislative Session
Relates to the brownfield opportunity area program
download bill text pdfSponsored By
(D) Senate District
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
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Floor Vote: May 5, 2016
aye (58)- Addabbo Jr.
- Akshar
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kaminsky
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- O'Mara
- Ortt
- Parker
- Perkins
- Persaud
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sanders Jr.
- Savino
- Serino
- Serrano
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
absent (1)
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Floor Vote: Jun 16, 2015
aye (63)- Addabbo Jr.
- Amedore
- Avella
- Bonacic
- Boyle
- Breslin
- Carlucci
- Comrie
- Croci
- DeFrancisco
- Diaz
- Dilan
- Espaillat
- Farley
- Felder
- Flanagan
- Funke
- Gallivan
- Gianaris
- Golden
- Griffo
- Hamilton
- Hannon
- Hassell-Thompson
- Hoylman-Sigal
- Kennedy
- Klein
- Krueger
- LaValle
- Lanza
- Larkin
- Latimer
- Libous
- Little
- Marcellino
- Marchione
- Martins
- Montgomery
- Murphy
- Nozzolio
- O'Mara
- Ortt
- Panepinto
- Parker
- Peralta
- Perkins
- Ranzenhofer
- Ritchie
- Rivera
- Robach
- Sampson
- Sanders Jr.
- Savino
- Serino
- Serrano
- Seward
- Skelos
- Squadron
- Stavisky
- Stewart-Cousins
- Valesky
- Venditto
- Young
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Jun 16, 2015 - Rules Committee Vote
S5143A23Aye0Nay2Aye with Reservations0Absent0Excused0Abstained -
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Bill Amendments
2015-S5143 - Details
2015-S5143 - Sponsor Memo
BILL NUMBER:S5143
TITLE OF BILL: An act to amend the general municipal law, in relation
to the brownfield opportunity area program
PURPOSE OR GENERAL IDEA OF BILL:
To streamline and enhance the viability and effectiveness of the
Brownfield Opportunity Area program.
SUMMARY OF PROVISIONS:
The bill amends section § 970-r of the General Municipal law,
originally enacted in 2003 to create the State's Brownfield
Opportunity Area Program.
Section 1 gives the word "brownfield" the same meaning as "brownfield
site."
Section 2 eliminates the grant program for "pre-nomination" study for
brownfield opportunity areas, beginning July 1, 2015.
Section 3 makes several changes regarding assistance for nominations
for designation of brownfield opportunity areas: An applicant no
longer has to demonstrate support from owners of brownfield sites if
the applicant can show that such support has been sought, After July
1, 2015, an applicant will no longer be required to enter into a contract with the Department of State before receiving assistance. Instead, the applicant will submit a work plan and grant money may be awarded once the Department of State has approved the plan. The Department of State is given 90 days to either approve or reject, with a notice of deficiency, a work plan submitted by an applicant. Section 4 makes two changes to the designation process: It requires the secretary of state to make a determination as to whether a nomination meets the requirements for designation within 90 of receipt of a completed nomination; and it provides for an alternative means of designation. A municipality will be allowed to designate a brownfield opportunity area by incorporating a brownfield opportunity area plan into the municipal comprehensive plan, following a finding by the planning department that the nomination is consistent with the requirements of the brownfields opportunity planning law. The Secretary of State would have 30 days to veto the designation upon a finding by the Secretary that the nomination is not consistent with the requirements of the law. Section 5 makes changes to the grant program for site assessments, primarily by expanding the grant program to include post designation implementation activities, including: demolition, asbestos removal, financial analysis, infrastructure improvement, design, landscaping, environmental assessment and enhancement or addition of public amenities. Similar to nomination grants, site assessment and implementation grants will be disbursed upon the secretary's approval of a work plan, rather than after the negotiation of a contract. The Secretary is given 60 days to either approve the work plan or provide a notice of deficiency Section 6 requires the Secretary of State to establish criteria and timeframes for amendments to brownfield opportunity areas or plans. Section 7 amends the requirements for assistance to include assistance for implementation activities. Section 8 requires the Secretary to establish conformance criteria by December 31, 2015. The statute was amended by the 2015 budget to require the Secretary of State to establish criteria for brownfield opportunity area conformance determinations for purposes of the brownfield redevelopment tax credits. Section 9 requires the secretary, by December 31, 2015, to establish criteria for determining consistency with the statute for purposes of designation. Section 3 provides that this act shall take effect immediately JUSTIFICATION: The Brownfield Opportunity Area (known informally as BOA) program provides money to local governments and community-based organizations, through the Department of State, to create area-wide plans around neighborhoods with multiple brownfields. Once the Secretary of State has approved a BOA plan and officially designated a community as a BOA, redevelopment projects within the community are eligible for an enhanced tax credit - 5% of development costs - under the State's Brownfield Cleanup Program (BCP), and consideration for "preference and priority" for other government financial assistance. The BOA program has been crucial to the success of many transformative revitalization efforts across the state. Communities preparing for BOA designation have used their grants to gather information and commission studies that developers and municipalities have used in assessing feasibility. These have included marketing studies, environmental surveys and analyses, infrastructure studies, and other information gathering that helps attract development. The BOA program also offers potential developers community buy-in, signaling positive civic engagement and a cooperative attitude on the part of the host neighborhood. For all its success and promise for blighted communities, the BOA program has also been the source of much frustration due to significant built-in administrative obstacles that stand in the way of optimal benefit. The major impediments to success have been delays in contracting and excessive and duplicative steps in the grant process. Another frustration is that funding ends after a BOA is designated, without any assistance for actual implementation of the BOA plan. The bill addresses these issues in the following ways: The contract between the DOS and an applicant is replaced with a less formal and more streamlined approval process, whereby the applicant produces a work plan for DOS approval, much the way the Department of Environmental Conservation works with applicants in producing a roadmap for the cleanup of contaminated sites. The "pre-nomination" application and assistance step is eliminated_ Experience has shown that the work undertaken for a pre-nomination is not useful, given the rigor of the nomination requirements, and adds both unnecessary delay and cost to the program. And, with the history of delay in the awarding of grants, the pre-nomination step has added years to a community's efforts to achieve designation, with no additional benefit. Given the large number of participants in the program (currently upwards of 120 communities), it has taken years for the first BOA designations to be awarded. To help break the logjam and relieve the DOS of some of the work load associated with designation, and to provide applicants with a self-help opportunity, the bill provides an alternative means of designation. A BOA can be designated by a municipality if its planning department finds that the nomination meets the requirements for designation and the municipality then formally incorporates the BOA into its comprehensive plan. To assure legitimacy, the Secretary of State will have the power to void a municipally designated BOA for lack of consistency. The bill gives the Secretary of State specific times in which to respond to submissions, either with an approval or a notice of deficiency: 90 days for a nomination assistance approval, 60 days for a site assessment or implementation assistance approval, 90 days for a designation following completion of a nomination, and 30 days for a veto of a municipally granted designation. Much of the success of the program can be measured by revitalization progress that was made possible by activities funded by the nomination assistance program. Cash-strapped municipalities have found this pre-development work to be extremely valuable in attracting investment, but without the BOA program it would not be affordable. Under the current program, all funding, except for site assessment assistance, ends upon designation. The bill would add a new funding cycle, essentially replacing the superfluous pre-nomination grants, which would allow BOA communities to do more pre-development work after a BOA has been designated, allowing for the targeting of particular types of development in pursuit of the BOA plan and vision. PRIOR LEGISLATIVE HISTORY: New bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None. EFFECTIVE DATE: This act shall take effect immediately.
2015-S5143 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5143
2015-2016 Regular Sessions
I N S E N A T E
May 4, 2015
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend 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. Paragraph d of subdivision 1 of section 970-r of the gener-
al municipal law, as amended by section 1 of part F of chapter 577 of
the laws of 2004, is amended to read as follows:
d. "Brownfield" OR "BROWNFIELD site" shall have the same meaning as
set forth in section 27-1405 of the environmental conservation law.
S 2. The subdivision heading 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:
[State] UNTIL JULY FIRST, TWO THOUSAND FIFTEEN, STATE assistance IN
ACCORDANCE WITH THIS SUBDIVISION WILL BE AVAILABLE for pre-nomination
study for brownfield opportunity areas.
S 3. Paragraphs a, b, and i of subdivision 3 of section 970-r of the
general municipal law, paragraph a as amended by section 28 of part BB
of chapter 56 of the laws of 2015 and paragraphs b and i as amended by
chapter 390 of the laws of 2008, are amended, and a new paragraph j is
added to read as follows:
a. Within the limits of appropriations therefor, the secretary is
authorized to provide, on a competitive basis, financial assistance to
municipalities, to community based organizations, to community boards,
or to municipalities and community based organizations acting in cooper-
ation to prepare a nomination for designation of a brownfield opportu-
nity area. Such financial assistance shall not exceed ninety percent of
the costs of such nomination for any such area. A nomination study must
include sufficient information to designate the brownfield opportunity
area. [The contents of the nomination study shall be developed based on
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10755-02-5
S. 5143 2 pre-nomination study information, which shall principally consist of an area-wide study, documenting the historic brownfield uses in the area proposed for designation.] b. An application for such financial assistance shall include an indi- cation of support from owners of brownfield sites in the proposed brown- field opportunity area, OR ALTERNATIVELY, DOCUMENTATION OF REQUESTS FOR SUCH SUPPORT CONSISTING OF AT LEAST TWO MEANS OF OUTREACH TOGETHER WITH ANY RESPONSES TO SUCH REQUESTS. All residents and property owners in the proposed brownfield opportunity area shall receive notice OF THE APPLICATION FOR ASSISTANCE in such form and manner as the secretary shall prescribe. i. [Following] FOR APPLICATIONS FOR ASSISTANCE SUBMITTED TO THE DEPARTMENT BEFORE JULY FIRST, TWO THOUSAND FIFTEEN, FOLLOWING notifica- tion to the applicant that assistance has been awarded, and prior to disbursement of funds, a contract shall be executed between the depart- ment and the applicant or co-applicants. The secretary shall establish terms and conditions for such contracts as the secretary deems appropri- ate, including provisions to define: applicant's work scope, work sched- ule, 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] J. FOR APPLICATIONS FOR ASSISTANCE SUBMITTED ON OR AFTER JULY FIRST, TWO THOUSAND FIFTEEN, FOLLOWING NOTIFICATION TO THE APPLICANT THAT ASSISTANCE HAS BEEN AWARDED, AND PRIOR TO DISBURSEMENT OF FUNDS, THE APPLICANT OR APPLICANTS SHALL SUBMIT FOR APPROVAL BY THE SECRETARY A PROPOSED NOMINATION WORK PLAN. THE NOMINATION WORK PLAN SHALL INCLUDE WORK SCOPE, WORK SCHEDULE, AND DELIVERABLES, INCLUDING FISCAL REPORTS ON BUDGETED AND ACTUAL USE OF FUNDS EXPENDED, AND THE ANTICIPATED DATE FOR SUBMISSION OF A FINAL NOMINATION FOR DESIGNATION. THE WORK PLAN SHALL ALSO REQUIRE THE DISTRIBUTION OF WORK PRODUCTS TO THE DEPARTMENT AND, FOR COMMUNITY BASED ORGANIZATIONS, TO THE APPLICANT'S MUNICIPALITY. WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED WORK PLAN OR REVISED WORK PLAN, THE DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE APPLICANT OR APPLICANTS WITH A WRITTEN NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. APPLICANTS SHALL BE REQUIRED TO MAKE ALL WORK PRODUCTS PUBLICLY AVAILABLE. K. IF any responsible party payments become available to the appli- cant, the amount of such payments attributable to expenses paid by the award shall be paid to the department by the applicant; provided that the applicant may first apply such responsible party payments toward any actual project costs incurred by the applicant. S 4. Subdivision 4 of section 970-r of the general municipal law, as amended by section 29 of part BB of chapter 56 of the laws of 2015, 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. The secretary may review and approve a nomination for designation of a brownfield opportu- nity area at any time. If the secretary determines that the nomination is consistent with the provisions of this section, the brownfield oppor- S. 5143 3 tunity 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 nomination should be amended. THE SECRE- TARY SHALL MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION WITHIN NINETY DAYS OF RECEIPT OF A NOMINATION. B. AS AN ALTERNATIVE MEANS OF DESIGNATION, A MUNICIPALITY MAY, AT ANY TIME AFTER THE SECRETARY HAS RECEIVED A COMPLETED NOMINATION FOR DESIG- NATION, DESIGNATE A BROWNFIELD OPPORTUNITY AREA BY FORMALLY ADOPTING THE NOMINATED BROWNFIELD OPPORTUNITY AREA PLAN AS PART OF THE MUNICIPALITY'S COMPREHENSIVE PLAN FOLLOWING A DETERMINATION BY THE MUNICIPAL PLANNING BOARD, NOTICED TO THE SECRETARY, THAT THE NOMINATION IS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. SUCH PLANNING BOARD'S DETERMINATION AND THE MUNICIPALITY'S DESIGNATION BASED ON SUCH DETERMINATION SHALL BE NULL AND VOID AND OF NO FORCE AND EFFECT IF WITHIN THIRTY DAYS OF THE DETER- MINATION OF THE PLANNING BOARD THE SECRETARY PROVIDES WRITTEN NOTICE AND FINDINGS TO THE MUNICIPALITY THAT THE SECRETARY HAS DETERMINED THAT THE NOMINATION IS NOT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. S 5. 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 a and subparagraphs 2 and 5 of paragraph e as amended by section 30 of part BB of chapter 56 of the laws of 2015 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 AND IMPLEMENTATION ACTIVITIES in brownfield opportunity areas. a. Within the limits of appropriations therefor, the secretary [of state,] is authorized to provide, on a competitive basis, financial assistance to municipalities, to community based organizations, to community boards, or to munici- palities and community based organizations acting in cooperation to conduct brownfield site assessments. Such financial assistance shall not exceed ninety percent of the costs of such brownfield site assessment. [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 activities eligible for funding include, but are not limited to, testing of properties to determine the nature and extent of the contamination (including soil and groundwater), environmental assessments, the development of a proposed remediation strategy to address any identified contamination, and any other activ- ities deemed appropriate by the commissioner in consultation with the secretary of state. Any environmental assessment shall be subject to the review and approval of such commissioner. [d.] Applications for such assistance FOR SITE ASSESSMENT shall be submitted to BOTH THE SECRETARY AND the commissioner in a format, and containing such information, as prescribed by the commissioner in consultation with the secretary [of state]. B. WITHIN THE LIMITS OF APPROPRIATIONS THEREFOR, THE SECRETARY IS AUTHORIZED TO PROVIDE, ON A COMPETITIVE BASIS, FINANCIAL ASSISTANCE TO MUNICIPALITIES, TO COMMUNITY BASED ORGANIZATIONS, TO COMMUNITY BOARDS, OR TO MUNICIPALITIES AND COMMUNITY BASED ORGANIZATIONS ACTING IN COOPER- ATION TO CONDUCT IMPLEMENTATION ACTIVITIES IN A BROWNFIELD OPPORTUNITY AREA DESIGNATED PURSUANT TO THIS SECTION. SUCH FINANCIAL ASSISTANCE SHALL NOT EXCEED NINETY PERCENT OF THE COSTS OF SUCH ACTIVITIES. IMPLE- MENTATION ACTIVITIES ELIGIBLE FOR FUNDING INCLUDE BUT ARE NOT LIMITED TO, DEMOLITION, ASBESTOS REMOVAL, FINANCIAL ANALYSIS, INFRASTRUCTURE S. 5143 4 IMPROVEMENT, DESIGN, LANDSCAPING, ENVIRONMENTAL ASSESSMENT, AND ENHANCE- MENT OR ADDITION OF PUBLIC AMENITIES. APPLICATIONS FOR SUCH ASSISTANCE SHALL PROVIDE A DESCRIPTION OF THE PROPOSED ACTIVITY OR ACTIVITIES SUFFICIENT TO DEMONSTRATE ANTICIPATED COSTS AND HOW THE PROPOSED ACTIV- ITY OR ACTIVITIES ADVANCES THE GOALS AND OBJECTIVES OF THE BROWNFIELD OPPORTUNITY PLAN. [e] C. Funding preferences [shall be given to applications] for [such] assistance PURSUANT TO THIS SUBDIVISION SHALL BE GIVEN TO APPLICATIONS 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 known or suspected 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 known or suspected brownfield sites presenting strate- gic opportunities to stimulate economic development, community revitali- zation or the siting of public amenities. [f] D. 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] E. 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] F. 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 shall establish terms and conditions for such contracts as the commissioner deems appropriate in consultation with the secretary of state, including provisions to define: applicant's], THE APPLICANT OR APPLICANTS SHALL SUBMIT A PROPOSED IMPLEMENTATION WORK PLAN TO THE DEPARTMENT AND RECEIVE APPROVAL FOR SUCH WORK PLAN. THE WORK PLAN SHALL INCLUDE work scope, work schedule, and deliverables[;], INCLUDING fiscal reports on budgeted and actual use of funds expended[;], and [require- ments] THE ANTICIPATED DATE for submission of a final [fiscal] report. The [contract] WORK PLAN shall also require the distribution of work products to the department, and, for community based organizations, to the applicant's municipality. WITHIN SIXTY DAYS OF RECEIPT OF A PROPOSED WORK PLAN OR REVISED WORK PLAN, THE DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE APPLICANT OR APPLICANTS WITH A NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. Applicants shall be required to make [the results] ALL WORK PRODUCTS publicly available. [Such contract shall further include a provision providing that if] G. IF any responsible party payments become available to the appli- cant, the amount of such payments attributable to expenses paid by the award shall be paid to the department by the applicant; provided that the applicant may first apply such responsible party payments towards actual project costs incurred by the applicant. S. 5143 5 S 6. 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] OR BROWN- FIELD OPPORTUNITY AREA PLAN shall be [proposed] SUBMITTED TO, and reviewed by the secretary[, in the same manner and using the same crite- ria 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 7. 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] assistance [or applications] AND NOMINATIONS for designation of a brown- field opportunity area shall demonstrate that the following community participation activities have been or will be performed by the appli- cant: (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] ANY application for [pre-nomination] assistance and NOMINATION FOR brownfield opportu- nity area designation AND supporting documents in a manner convenient to the public; (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] SEEK ASSISTANCE FOR OR NOMINATE 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. S 8. Subdivision 10 of section 970-r of the general municipal law, as added by section 31 of part BB of chapter 56 of the laws of 2015, is amended to read as follows: 10. [The] BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE secre- tary shall establish criteria for brownfield opportunity area conform- ance determinations for purposes of the brownfield redevelopment tax credit component pursuant to clause (ii) of subparagraph (B) of para- graph [(5)] FIVE of subdivision (a) of section twenty-one of the tax law. In establishing criteria, the secretary shall be guided by, but not limited to, the following considerations: how the proposed use and development advances the designated brownfield opportunity area plan's vision statement, goals and objectives for revitalization; how the density of development and associated buildings and structures advances the plan's objectives, desired redevelopment and priorities for invest- ment; and how the project complies with zoning and other local laws and standards to guide and ensure appropriate use of the project site. S 9. Section 970-r of the general municipal law is amended by adding a new subdivision 11 to read as follows: 11. BY DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN, THE SECRETARY SHALL ESTABLISH CRITERIA FOR DETERMINING CONSISTENCY WITH THIS SECTION FOR PURPOSES OF BROWNFIELD OPPORTUNITY AREA DESIGNATIONS. IN ESTABLISH- S. 5143 6 ING CRITERIA, THE SECRETARY SHALL BE GUIDED BY, BUT NOT LIMITED TO, THE FOLLOWING CONSIDERATIONS: HOW ADEQUATELY THE NOMINATION DESCRIBES THE CURRENT STATUS OF THE BROWNFIELD OPPORTUNITY AREA, WHETHER THE NOMI- NATION PRESENTS AN ATTAINABLE AND REALISTIC PLAN FOR REVITALIZATION, AND WHETHER THE PLAN IS SUPPORTED BY THE COMMUNITY. S 10. This act shall take effect immediately.
2015-S5143A (ACTIVE) - Details
2015-S5143A (ACTIVE) - Sponsor Memo
BILL NUMBER: S5143A
TITLE OF BILL :
An act to amend the general municipal law, in relation to the
brownfield opportunity area program
PURPOSE OR GENERAL IDEA OF BILL :
To streamline and enhance the viability and effectiveness of the
Brownfield Opportunity Area program.
SUMMARY OF PROVISIONS :
The bill amends section § 970-r of the General Municipal law,
originally enacted in 2003 to create the State's Brownfield
Opportunity Area Program.
Section 1 gives the word "brownfield" the same meaning as "brownfield
site."
Section 2 eliminates the grant program for "pre-nomination" study for
brownfield opportunity areas, beginning July 1, 2017.
Section 3 makes several changes regarding assistance for nominations
for designation of brownfield opportunity areas: An applicant no
longer has to demonstrate support from owners of brownfield sites if the applicant can show that such support has been sought, After July 1, 2017, an applicant will no longer be required to enter into a contract with the Department of State before receiving assistance. Instead, the applicant will submit a work plan and grant money may be awarded once the Department of State has approved the plan. The Department of State is given 90 days to either approve or reject, with a notice of deficiency, a work plan submitted by an applicant. Section 4 makes two changes to the designation process: It requires the secretary of state to make a determination as to whether a nomination meets the requirements for designation within 90 of receipt of a completed nomination; and it provides for an alternative means of designation. A municipality will be allowed to designate a brownfield opportunity area by incorporating a brownfield opportunity area plan into the municipal comprehensive plan, following a finding by the planning department that the nomination is consistent with the requirements of the brownfields opportunity planning law. The Secretary of State would have 30 days to veto the designation upon a finding by the Secretary that the nomination is not consistent with the requirements of the law. Section 5 makes changes to the grant program for site assessments, primarily by expanding the grant program to include post designation implementation activities, including: demolition, asbestos removal, financial analysis, infrastructure improvement, design, landscaping, environmental assessment and enhancement or addition of public amenities. Similar to nomination grants, site assessment and implementation grants will be disbursed upon the secretary's approval of a work plan, rather than after the negotiation of a contract. The Secretary is given 60 days to either approve the work plan or provide a notice of deficiency Section 6 requires the Secretary of State to establish criteria and timeframes for amendments to brownfield opportunity areas or plans. Section 7 amends the requirements for assistance to include assistance for implementation activities. Section 8 requires the Secretary to establish conformance criteria by December 31, 2015. The statute was amended by the 2015 budget to require the Secretary of State to establish criteria for brownfield opportunity area conformance determinations for purposes of the brownfield redevelopment tax credits. Section 9 requires the secretary, by December 31, 2017, to establish criteria for determining consistency with the statute for purposes of designation. Section 3 provides that this act shall take effect immediately JUSTIFICATION : The Brownfield Opportunity Area (known informally as BOA) program provides money to local governments and community-based organizations, through the Department of State, to create area-wide plans around neighborhoods with multiple brownfields. Once the Secretary of State has approved a BOA plan and officially designated a community as a BOA, redevelopment projects within the community are eligible for an enhanced tax credit - 5% of development costs - under the State's Brownfield Cleanup Program (BCP), and consideration for "preference and priority" for other government financial assistance. The BOA program has been crucial to the success of many transformative revitalization efforts across the state. Communities preparing for BOA designation have used their grants to gather information and commission studies that developers and municipalities have used in assessing feasibility. These have included marketing studies, environmental surveys and analyses, infrastructure studies, and other information gathering that helps attract development. The BOA program also offers potential developers community buy-in, signaling positive civic engagement and a cooperative attitude on the part of the host neighborhood. For all its success and promise for blighted communities, the BOA program has also been the source of much frustration due to significant built-in administrative obstacles that stand in the way of optimal benefit. The major impediments to success have been delays in contracting and excessive and duplicative steps in the grant process. Another frustration is that funding ends after a BOA is designated, without any assistance for actual implementation of the BOA plan. The bill addresses these issues in the following ways: The contract between the DOS and an applicant is replaced with a less formal and more streamlined approval process, whereby the applicant produces a work plan for DOS approval, much the way the Department of Environmental Conservation works with applicants in producing a roadmap for the cleanup of contaminated sites. The "pre-nomination" application and assistance step is eliminated_ Experience has shown that the work undertaken for a pre-nomination is not useful, given the rigor of the nomination requirements, and adds both unnecessary delay and cost to the program. And, with the history of delay in the awarding of grants, the pre-nomination step has added years to a community's efforts to achieve designation, with no additional benefit. Given the large number of participants in the program (currently upwards of 120 communities), it has taken years for the first BOA designations to be awarded. To help break the logjam and relieve the DOS of some of the work load associated with designation, and to provide applicants with a self-help opportunity, the bill provides an alternative means of designation. A BOA can be designated by a municipality if its planning department finds that the nomination meets the requirements for designation and the municipality then formally incorporates the BOA into its comprehensive plan. To assure legitimacy, the Secretary of State will have the power to void a municipally designated BOA for lack of consistency. The bill gives the Secretary of State specific times in which to respond to submissions, either with an approval or a notice of deficiency: 90 days for a nomination assistance approval, 60 days for a site assessment or implementation assistance approval, 90 days for a designation following completion of a nomination, and 30 days for a veto of a municipally granted designation. Much of the success of the program can be measured by revitalization progress that was made possible by activities funded by the nomination assistance program. Cash-strapped municipalities have found this pre-development work to be extremely valuable in attracting investment, but without the BOA program it would not be affordable. Under the current program, all funding, except for site assessment assistance, ends upon designation. The bill would add a new funding cycle, essentially replacing the superfluous pre-nomination grants, which would allow BOA communities to do more pre-development work after a BOA has been designated, allowing for the targeting of particular types of development in pursuit of the BOA plan and vision. PRIOR LEGISLATIVE HISTORY : New bill. FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS : None. EFFECTIVE DATE : This act shall take effect immediately.
2015-S5143A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5143--A
2015-2016 Regular Sessions
I N S E N A T E
May 4, 2015
___________
Introduced by Sen. AVELLA -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government -- recom-
mitted to the Committee on Local Government in accordance with Senate
Rule 6, sec. 8 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend 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. Paragraph d of subdivision 1 of section 970-r of the gener-
al municipal law, as amended by section 1 of part F of chapter 577 of
the laws of 2004, is amended to read as follows:
d. "Brownfield" OR "BROWNFIELD site" shall have the same meaning as
set forth in section 27-1405 of the environmental conservation law.
S 2. The subdivision heading 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:
[State] UNTIL JULY FIRST, TWO THOUSAND SEVENTEEN, STATE assistance IN
ACCORDANCE WITH THIS SUBDIVISION WILL BE AVAILABLE for pre-nomination
study for brownfield opportunity areas.
S 3. Paragraphs a, b, and i of subdivision 3 of section 970-r of the
general municipal law, paragraph a as amended by section 28 of part BB
of chapter 56 of the laws of 2015 and paragraphs b and i as amended by
chapter 390 of the laws of 2008, are amended, and a new paragraph j is
added to read as follows:
a. Within the limits of appropriations therefor, the secretary is
authorized to provide, on a competitive basis, financial assistance to
municipalities, to community based organizations, to community boards,
or to municipalities and community based organizations acting in cooper-
ation to prepare a nomination for designation of a brownfield opportu-
nity area. Such financial assistance shall not exceed ninety percent of
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10755-05-6
S. 5143--A 2 the costs of such nomination for any such area. A nomination study must include sufficient information to designate the brownfield opportunity area. [The contents of the nomination study shall be developed based on pre-nomination study information, which shall principally consist of an area-wide study, documenting the historic brownfield uses in the area proposed for designation.] b. An application for such financial assistance shall include an indi- cation of support from owners of brownfield sites in the proposed brown- field opportunity area, OR ALTERNATIVELY, DOCUMENTATION OF REQUESTS FOR SUCH SUPPORT CONSISTING OF AT LEAST TWO MEANS OF OUTREACH TOGETHER WITH ANY RESPONSES TO SUCH REQUESTS. All residents and property owners in the proposed brownfield opportunity area shall receive notice OF THE APPLICATION FOR ASSISTANCE in such form and manner as the secretary shall prescribe. i. [Following] FOR APPLICATIONS FOR ASSISTANCE SUBMITTED TO THE DEPARTMENT BEFORE JULY FIRST, TWO THOUSAND SEVENTEEN, FOLLOWING notifi- cation to the applicant that assistance has been awarded, and prior to disbursement of funds, a contract shall be executed between the depart- ment and the applicant or co-applicants. The secretary shall establish terms and conditions for such contracts as the secretary deems appropri- ate, including provisions to define: applicant's work scope, work sched- ule, 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] J. FOR APPLICATIONS FOR ASSISTANCE SUBMITTED ON OR AFTER JULY FIRST, TWO THOUSAND SEVENTEEN, FOLLOWING NOTIFICATION TO THE APPLICANT THAT ASSISTANCE HAS BEEN AWARDED, AND PRIOR TO DISBURSEMENT OF FUNDS, THE APPLICANT OR APPLICANTS SHALL SUBMIT FOR APPROVAL BY THE SECRETARY A PROPOSED NOMINATION WORK PLAN. THE NOMINATION WORK PLAN SHALL INCLUDE WORK SCOPE, WORK SCHEDULE, AND DELIVERABLES, INCLUDING FISCAL REPORTS ON BUDGETED AND ACTUAL USE OF FUNDS EXPENDED, AND THE ANTICIPATED DATE FOR SUBMISSION OF A FINAL NOMINATION FOR DESIGNATION. THE WORK PLAN SHALL ALSO REQUIRE THE DISTRIBUTION OF WORK PRODUCTS TO THE DEPARTMENT AND, FOR COMMUNITY BASED ORGANIZATIONS, TO THE APPLICANT'S MUNICIPALITY. WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED WORK PLAN OR REVISED WORK PLAN, THE DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE APPLICANT OR APPLICANTS WITH A WRITTEN NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. APPLICANTS SHALL BE REQUIRED TO MAKE ALL WORK PRODUCTS PUBLICLY AVAILABLE. K. IF any responsible party payments become available to the appli- cant, the amount of such payments attributable to expenses paid by the award shall be paid to the department by the applicant; provided that the applicant may first apply such responsible party payments toward any actual project costs incurred by the applicant. S 4. Subdivision 4 of section 970-r of the general municipal law, as amended by section 29 of part BB of chapter 56 of the laws of 2015, 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. The secretary may S. 5143--A 3 review and approve a nomination for designation of a brownfield opportu- nity area at any time. If the secretary determines that the nomination is consistent with the provisions of this section, the brownfield oppor- tunity 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 nomination should be amended. THE SECRE- TARY SHALL MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION WITHIN NINETY DAYS OF RECEIPT OF A NOMINATION. B. AS AN ALTERNATIVE MEANS OF DESIGNATION, A MUNICIPALITY MAY, AT ANY TIME AFTER THE SECRETARY HAS RECEIVED A COMPLETED NOMINATION FOR DESIG- NATION, DESIGNATE A BROWNFIELD OPPORTUNITY AREA BY FORMALLY ADOPTING THE NOMINATED BROWNFIELD OPPORTUNITY AREA PLAN AS PART OF THE MUNICIPALITY'S COMPREHENSIVE PLAN FOLLOWING A DETERMINATION BY THE MUNICIPAL PLANNING BOARD, NOTICED TO THE SECRETARY, THAT THE NOMINATION IS CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. SUCH PLANNING BOARD'S DETERMINATION AND THE MUNICIPALITY'S DESIGNATION BASED ON SUCH DETERMINATION SHALL BE NULL AND VOID AND OF NO FORCE AND EFFECT IF WITHIN THIRTY DAYS OF THE DETER- MINATION OF THE PLANNING BOARD THE SECRETARY PROVIDES WRITTEN NOTICE AND FINDINGS TO THE MUNICIPALITY THAT THE SECRETARY HAS DETERMINED THAT THE NOMINATION IS NOT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE. S 5. 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 a and subparagraphs 2 and 5 of paragraph e as amended by section 30 of part BB of chapter 56 of the laws of 2015 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 AND IMPLEMENTATION ACTIVITIES in brownfield opportunity areas. a. Within the limits of appropriations therefor, the secretary [of state,] is authorized to provide, on a competitive basis, financial assistance to municipalities, to community based organizations, to community boards, or to munici- palities and community based organizations acting in cooperation to conduct brownfield site assessments. Such financial assistance shall not exceed ninety percent of the costs of such brownfield site assessment. [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 activities eligible for funding include, but are not limited to, testing of properties to determine the nature and extent of the contamination (including soil and groundwater), environmental assessments, the development of a proposed remediation strategy to address any identified contamination, and any other activ- ities deemed appropriate by the commissioner in consultation with the secretary of state. Any environmental assessment shall be subject to the review and approval of such commissioner. [d.] Applications for such assistance FOR SITE ASSESSMENT shall be submitted to BOTH THE SECRETARY AND the commissioner in a format, and containing such information, as prescribed by the commissioner in consultation with the secretary [of state]. B. WITHIN THE LIMITS OF APPROPRIATIONS THEREFOR, THE SECRETARY IS AUTHORIZED TO PROVIDE, ON A COMPETITIVE BASIS, FINANCIAL ASSISTANCE TO MUNICIPALITIES, TO COMMUNITY BASED ORGANIZATIONS, TO COMMUNITY BOARDS, OR TO MUNICIPALITIES AND COMMUNITY BASED ORGANIZATIONS ACTING IN COOPER- ATION TO CONDUCT IMPLEMENTATION ACTIVITIES IN A BROWNFIELD OPPORTUNITY AREA DESIGNATED PURSUANT TO THIS SECTION. SUCH FINANCIAL ASSISTANCE S. 5143--A 4 SHALL NOT EXCEED NINETY PERCENT OF THE COSTS OF SUCH ACTIVITIES. IMPLE- MENTATION ACTIVITIES ELIGIBLE FOR FUNDING INCLUDE BUT ARE NOT LIMITED TO, DEMOLITION, ASBESTOS REMOVAL, FINANCIAL ANALYSIS, INFRASTRUCTURE IMPROVEMENT, DESIGN, LANDSCAPING, ENVIRONMENTAL ASSESSMENT, AND ENHANCE- MENT OR ADDITION OF PUBLIC AMENITIES. APPLICATIONS FOR SUCH ASSISTANCE SHALL PROVIDE A DESCRIPTION OF THE PROPOSED ACTIVITY OR ACTIVITIES SUFFICIENT TO DEMONSTRATE ANTICIPATED COSTS AND HOW THE PROPOSED ACTIV- ITY OR ACTIVITIES ADVANCES THE GOALS AND OBJECTIVES OF THE BROWNFIELD OPPORTUNITY PLAN. [e] C. Funding preferences [shall be given to applications] for [such] assistance PURSUANT TO THIS SUBDIVISION SHALL BE GIVEN TO APPLICATIONS 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 known or suspected 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 known or suspected brownfield sites presenting strate- gic opportunities to stimulate economic development, community revitali- zation or the siting of public amenities. [f] D. 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] E. 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] F. 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 shall establish terms and conditions for such contracts as the commissioner deems appropriate in consultation with the secretary of state, including provisions to define: applicant's], THE APPLICANT OR APPLICANTS SHALL SUBMIT A PROPOSED IMPLEMENTATION WORK PLAN TO THE DEPARTMENT AND RECEIVE APPROVAL FOR SUCH WORK PLAN. THE WORK PLAN SHALL INCLUDE work scope, work schedule, and deliverables[;], INCLUDING fiscal reports on budgeted and actual use of funds expended[;], and [require- ments] THE ANTICIPATED DATE for submission of a final [fiscal] report. The [contract] WORK PLAN shall also require the distribution of work products to the department, and, for community based organizations, to the applicant's municipality. WITHIN SIXTY DAYS OF RECEIPT OF A PROPOSED WORK PLAN OR REVISED WORK PLAN, THE DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE APPLICANT OR APPLICANTS WITH A NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. Applicants shall be required to make [the results] ALL WORK PRODUCTS publicly available. [Such contract shall further include a provision providing that if] G. IF any responsible party payments become available to the appli- cant, the amount of such payments attributable to expenses paid by the S. 5143--A 5 award shall be paid to the department by the applicant; provided that the applicant may first apply such responsible party payments towards actual project costs incurred by the applicant. S 6. 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] OR BROWN- FIELD OPPORTUNITY AREA PLAN shall be [proposed] SUBMITTED TO, and reviewed by the secretary[, in the same manner and using the same crite- ria 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 7. 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] assistance [or applications] AND NOMINATIONS for designation of a brown- field opportunity area shall demonstrate that the following community participation activities have been or will be performed by the appli- cant: (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] ANY application for [pre-nomination] assistance and NOMINATION FOR brownfield opportu- nity area designation AND supporting documents in a manner convenient to the public; (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] SEEK ASSISTANCE FOR OR NOMINATE 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. S 8. Subdivision 10 of section 970-r of the general municipal law, as added by section 31 of part BB of chapter 56 of the laws of 2015, is amended to read as follows: 10. [The] BY DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, THE secre- tary shall establish criteria for brownfield opportunity area conform- ance determinations for purposes of the brownfield redevelopment tax credit component pursuant to clause (ii) of subparagraph (B) of para- graph [(5)] FIVE of subdivision (a) of section twenty-one of the tax law. In establishing criteria, the secretary shall be guided by, but not limited to, the following considerations: how the proposed use and development advances the designated brownfield opportunity area plan's vision statement, goals and objectives for revitalization; how the density of development and associated buildings and structures advances the plan's objectives, desired redevelopment and priorities for invest- ment; and how the project complies with zoning and other local laws and standards to guide and ensure appropriate use of the project site. S 9. Section 970-r of the general municipal law is amended by adding a new subdivision 11 to read as follows: S. 5143--A 6 11. BY DECEMBER THIRTY-FIRST, TWO THOUSAND SEVENTEEN, THE SECRETARY SHALL ESTABLISH CRITERIA FOR DETERMINING CONSISTENCY WITH THIS SECTION FOR PURPOSES OF BROWNFIELD OPPORTUNITY AREA DESIGNATIONS. IN ESTABLISH- ING CRITERIA, THE SECRETARY SHALL BE GUIDED BY, BUT NOT LIMITED TO, THE FOLLOWING CONSIDERATIONS: HOW ADEQUATELY THE NOMINATION DESCRIBES THE CURRENT STATUS OF THE BROWNFIELD OPPORTUNITY AREA, WHETHER THE NOMI- NATION PRESENTS AN ATTAINABLE AND REALISTIC PLAN FOR REVITALIZATION, AND WHETHER THE PLAN IS SUPPORTED BY THE COMMUNITY. S 10. This act shall take effect immediately.
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