S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7491
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   imposing  certain  brownfield remediation site work requirements to be
   eligible for the tangible property tax credit associated  with  brown-
   field redevelopment

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision 1-a of section 27-1407
 of the environmental conservation law, as added by section 3 of part  BB
 of chapter 56 of the laws of 2015, is amended to read as follows:
   Sites  are  not eligible for tangible property tax credits if: (a) the
 contamination from ground water or soil vapor is solely  emanating  from
 property  other than the site subject to the present application; or (b)
 the department has determined that  the  property  has  previously  been
 remediated  pursuant to titles nine, thirteen and fourteen of this arti-
 cle, title five of article fifty-six of this chapter and article  twelve
 of  the  navigation  law  such  that  it  may  be developed for its then
 intended use; OR (C) REMEDIAL ACTIVITIES AS DEFINED  IN  PARAGRAPH  (C),
 (D),  OR  (F)  OF  SUBDIVISION FIVE OF SECTION 27-1405 OF THIS TITLE ARE
 PERFORMED BY CONSTRUCTION WORKERS ON A SITE WHO ARE PAID LESS  THAN  THE
 PREVAILING  RATE OF WAGES SET FORTH BY SECTION TWO HUNDRED TWENTY OF THE
 LABOR LAW, UNLESS SUCH SITE IS AN AFFORDABLE HOUSING PROJECT AS  DEFINED
 IN SUBDIVISION TWENTY-NINE OF SECTION 27-1405 OF THIS TITLE.
   § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
 environmental  conservation  law,  as  amended by section 3 of part A of
 chapter 577 of the laws of 2004, are amended and a new paragraph (e)  is
 added to read as follows:
   (c)  there  is  an  order providing for the investigation, removal, or
 remediation of contamination relating to the brownfield site against the
 person who is requesting participation; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10107-04-3
              

 A. 7491                             2
 
   (d) [The]  THE  person  requesting  participation  is  subject  to  an
 outstanding claim as provided in subdivision four of this section[.]; OR
   (E)  THE PERSON REQUESTING PARTICIPATION DOES NOT REQUIRE CONSTRUCTION
 WORKERS ON A SITE PERFORMING REMEDIAL ACTIVITIES AS DEFINED IN PARAGRAPH
 (C), (D), OR (F) OF SUBDIVISION FIVE OF SECTION 27-1405 OF THIS TITLE TO
 BE PAID THE PREVAILING RATE OF WAGES SET FORTH BY  SECTION  TWO  HUNDRED
 TWENTY  OF  THE  LABOR  LAW,  UNLESS  SUCH SITE IS AN AFFORDABLE HOUSING
 PROJECT AS DEFINED IN SUBDIVISION TWENTY-NINE OF SECTION 27-1405 OF THIS
 TITLE.
   § 3. Subdivision 5 of section 27-1409 of the  environmental  conserva-
 tion  law,  as amended by section 4 of part A of chapter 577 of the laws
 of 2004, is amended to read as follows:
   5. One authorizing the  department  to  terminate  a  brownfield  site
 cleanup  agreement  at any time during the implementation of such agree-
 ment if the applicant implementing such agreement fails to substantially
 comply  with  such  agreement's  terms  and  conditions,  INCLUDING  THE
 REQUIREMENT  THAT  REMEDIAL ACTIVITIES AS DEFINED IN PARAGRAPH (C), (D),
 OR (F) OF SUBDIVISION FIVE OF  SECTION  27-1405  OF  THIS  TITLE  TO  BE
 PERFORMED BY CONSTRUCTION WORKERS ON A SITE SHALL BE PAID THE PREVAILING
 RATE  OF WAGES SET FORTH BY SECTION TWO HUNDRED TWENTY OF THE LABOR LAW,
 UNLESS THE SITE IS AN AFFORDABLE HOUSING PROJECT AS DEFINED IN  SUBDIVI-
 SION  TWENTY-NINE  OF SECTION 27-1405 OF THIS TITLE. THE PREVAILING RATE
 OF WAGES FOR THE PERFORMANCE OF REMEDIAL ACTIVITIES AS DEFINED IN  PARA-
 GRAPH  (C),  (D),  OR (F) OF SUBDIVISION FIVE OF SECTION 27-1405 OF THIS
 TITLE SHALL BE SUBJECT TO ENFORCEMENT UNDER SECTIONS TWO HUNDRED TWENTY,
 TWO HUNDRED TWENTY-A, TWO HUNDRED TWENTY-B, TWO HUNDRED TWENTY-THREE AND
 TWO HUNDRED TWENTY-FOUR-B OF THE LABOR LAW AND WITHIN  THE  JURISDICTION
 OF  THE  FISCAL  OFFICER  AS DEFINED THEREIN; PROVIDED, HOWEVER, NOTHING
 CONTAINED IN THIS SUBDIVISION SHALL BE DEEMED TO CONSTRUE  ANY  REMEDIAL
 SITE AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSUANT TO ARTICLE THIR-
 TY-ONE OF THE LABOR LAW;
   §  4.  This  act  shall take effect immediately and shall apply to all
 state contracting opportunities advertised on or  after  such  date  and
 shall  exclude  contracts  entered into, or for  which an invitation for
 bid, request for proposal, or  similar  solicitation  has  been  issued,
 prior to such effective date.