S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1874--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2017
                                ___________
 
 Introduced  by Sens. AVELLA, HAMILTON -- read twice and ordered printed,
   and when printed to be committed to the Committee on Local  Government
   -- recommitted 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.
   §  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 EIGHTEEN, STATE assistance IN
 ACCORDANCE WITH THIS SUBDIVISION WILL BE  AVAILABLE  for  pre-nomination
 study for brownfield opportunity areas.
   §  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.
              

                                                            LBD01046-02-8

 S. 1874--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 EIGHTEEN, 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  EIGHTEEN,  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.
   § 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. 1874--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.
   §  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. 1874--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. 1874--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.
   §  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.
   §  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.
   § 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 NINETEEN, 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.
   § 9. Section 970-r of the general municipal law is amended by adding a
 new subdivision 11 to read as follows:

 S. 1874--A                          6
 
   11.  BY  DECEMBER  THIRTY-FIRST,  TWO THOUSAND NINETEEN, 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.
   § 10. This act shall take effect immediately.