S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7195--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 18, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and recommitted to said committee
 
 AN  ACT  to amend the environmental conservation law, in relation to the
   availability of technical assistance grants in brownfield site remedi-
   al programs
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.    Subdivision  6  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, is amended to read as follows:
   6. "[Citizen] COMMUNITY participation plan" shall mean the description
 of [citizen] COMMUNITY participation activities prepared and carried out
 pursuant to section 27-1417 of this title.
   §  2.  Paragraph  (b)  of  subdivision  2 and subdivision 9 of section
 27-1409 of the environmental conservation law, paragraph (b) of subdivi-
 sion 2 as amended by section 7 of part BB of chapter 56 of the  laws  of
 2015, and subdivision 9 as amended by section 4 of part A of chapter 577
 of the laws of 2004, are amended to read as follows:
   (b) [with respect to a brownfield site which the department has deter-
 mined  constitutes a significant threat to the public health or environ-
 ment the department may include a provision requiring] the applicant  to
 provide  a  technical assistance grant, as described in subdivision four
 of section 27-1417 of this title  and  under  the  conditions  described
 therein,  to an eligible party in accordance with procedures established
 under such program, with the cost of such a grant incurred by  a  volun-
 teer serving as an offset against such state costs;
   9.  One  requiring  the  preparation and implementation of a [citizen]
 COMMUNITY participation plan consistent with the  requirements  of  this
 title  as  soon  as possible following execution of the agreement but no
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11147-07-3
              

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 later than prior to the preparation of a  draft  remedial  investigation
 plan  by  the  applicant  which shall include a description of [citizen]
 COMMUNITY participation activities already performed  by  the  applicant
 and/or the department;
   §  3.  Subparagraph  (vi) of paragraph (i) of subdivision 3 of section
 27-1415 of the environmental conservation law, as amended by  section  7
 of  part  A  of  chapter  577 of the laws of 2004, is amended to read as
 follows:
   (vi) Any written and oral comments submitted by members of the  public
 on  the  applicant's proposed use as part of [citizen] COMMUNITY partic-
 ipation activities performed by the applicant pursuant to this title.
   § 4. Section 27-1417 of the environmental conservation law,  as  added
 by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
 (d),  (e),  (f),  (g),  (h),  (i)  of subdivision 3 and paragraph (a) of
 subdivision 4 as amended by section 8 of part A of chapter  577  of  the
 laws of 2004, is amended to read as follows:
 § 27-1417. [Citizen] COMMUNITY participation.
   1.  [Citizen] COMMUNITY participation handbook. The commissioner shall
 prepare a [citizen] COMMUNITY participation handbook for the purpose  of
 providing  guidance  to  applicants  in the design and implementation of
 meaningful [citizen] COMMUNITY participation plans consistent  with  the
 requirements  of this section for the remediation of brownfield sites as
 provided in this title. Such handbook shall encourage [citizen] COMMUNI-
 TY involvement by outlining opportunities and  recommended  methods  for
 effective  [citizen] COMMUNITY participation, INCLUDING THE AVAILABILITY
 OF TECHNICAL ASSISTANCE GRANTS. The commissioner shall make  such  hand-
 book  available  to  all  applicants and other interested members of the
 public upon request and shall make  it  available  on  the  department's
 website.
   2.  [Citizen]  COMMUNITY  participation  plans.  (a) The design of any
 [citizen] COMMUNITY participation plan, including the level of [citizen]
 COMMUNITY involvement and the tools utilized, shall  take  into  account
 the scope and scale of the proposed remedial program, local interest and
 history, and other relevant factors. While retaining flexibility, [citi-
 zen] COMMUNITY participation plans shall embody the following principles
 of meaningful [citizen] COMMUNITY participation:
   (1)  opportunities  for  [citizen]  COMMUNITY  involvement  should  be
 provided as early as possible in the decision making  process  prior  to
 the  selection  of a preferred course of action by the department and/or
 the applicant.
   (2) activities proposed in such plan should be as  reflective  of  the
 diversity  of  interests  and  perspective found within the community as
 possible, allowing the public the opportunity to have their views  heard
 and considered, which may include opportunities for two-way dialogue.
   (3) full, timely, and accessible disclosure and sharing of information
 by  the department shall be provided, including the provision of techni-
 cal data and the assumptions upon which the analyses are based.
   (b) All [citizen] COMMUNITY  participation  plans  shall  include  the
 following minimum elements:
   (1)  identification  of  the  interested  public  and preparation of a
 brownfield site contact list;
   (2) identification of major issues of public concern  related  to  the
 brownfield site;
   (3)  a  description  and  schedule  of public participation activities
 required pursuant to this section; and
 S. 7195--A                          3
 
   (4) a description and schedule of any additional public  participation
 activities needed to address public concerns.
   3.  [Citizen] COMMUNITY participation requirements. (a) In addition to
 the formal milestones listed below, the public may provide  comments  at
 any time during the remedial program.
   (b)  The person submitting a request for participation, in cooperation
 with the department, shall provide a newspaper notice  of  the  person's
 request  to  participate in the program. The person, in cooperation with
 the department, shall also provide notice thereof to the brownfield site
 contact list. Such notice shall provide for a thirty day public  comment
 period following publication.
   (c)  Before  the department finalizes the remedial investigation work-
 plan, the applicant, in cooperation with  the  department,  must  notify
 individuals  on  the  brownfield  site  contact  list. Such notice shall
 include a fact sheet describing such plan and provide for a  thirty  day
 public comment period.
   (d)  Before  the department approves a proposed remedial investigation
 report, the department, in consultation with the applicant, shall notify
 individuals on the brownfield  site  contact  list.  Such  notice  shall
 include a fact sheet describing such report.
   (e) Upon the department's determination of significant threat pursuant
 to  section 27-1411 of this title, the department must provide notice to
 individuals on the brownfield  site  contact  list.  Such  notice  shall
 include  a  fact sheet describing the basis of the department's determi-
 nation.
   (f) Before the department finalizes a proposed remedial work  plan  or
 makes a determination that site conditions meet the requirements of this
 title  without the necessity for remediation pursuant to section 27-1411
 of this title, the department, in consultation with the applicant,  must
 notify  individuals  on  the  brownfield  site contact list. Such notice
 shall include a fact sheet  describing  such  plan  and  provide  for  a
 forty-five  day  public  comment  period.  The commissioner shall hold a
 public meeting if requested by the affected community  and  the  commis-
 sioner  has  found that the site constitutes a significant threat to the
 public health or the environment. Further, the  affected  community  may
 request  a  public meeting at sites that do not constitute a significant
 threat. (1) To the extent that the department has determined  that  site
 conditions  do  not  pose  a  significant  threat  and the site is being
 addressed by a volunteer, the notice shall state that the department has
 determined that no remediation is required for the  off-site  areas  and
 that  the  department's determination of a significant threat is subject
 to this forty-five day comment period. (2) If  the  remedial  work  plan
 includes  a  Track  2,  Track  3  or Track 4 remedy at a non-significant
 threat site, such comment period shall apply both to the approval of the
 alternatives analysis by the department and the proposed remedy selected
 by the applicant.
   (g) Before the applicant  commences  construction  at  the  brownfield
 site,  the  applicant, in cooperation with the department, shall provide
 notice to the individuals on the brownfield site contact list.
   (h) Before  the  department  approves  a  proposed  final  engineering
 report,  the department, in consultation with the applicant, must notify
 individuals on such contact list. Such notice shall include a fact sheet
 describing the brownfield site report, including any  proposed  institu-
 tional or engineering controls.
   (i)  Within ten days of the issuance of a certificate of completion at
 a site which will utilize institutional  or  engineering  controls,  the
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 applicant,  in  cooperation with the department, shall provide notice to
 the brownfield site contact list. Such notice shall include a fact sheet
 describing such controls.
   4.  Technical  assistance grants.   (a) Within the limits of appropri-
 ations made available pursuant to paragraph [j] (J) of subdivision three
 of section ninety-seven-b of the state finance law, the commissioner [is
 authorized to] SHALL provide grants  to  THE  NEW  YORK  CITY  COMMUNITY
 BOARD,  ESTABLISHED  PURSUANT TO SECTION TWENTY-EIGHT HUNDRED OF THE NEW
 YORK CITY CHARTER, WITH JURISDICTION OVER THE SITE OR  TO  any  not-for-
 profit  corporation  exempt from taxation under section 501(c)(3) of the
 internal revenue code at any site  [determined  to  pose  a  significant
 threat by the department and] which may be affected by a brownfield site
 remedial program, PROVIDED ONLY ONE SUCH GRANT MAY BE MADE AVAILABLE FOR
 ANY BROWNFIELD SITE.  To qualify to receive such assistance, a community
 group  must  demonstrate that its membership represents the interests of
 the community affected by such site. Furthermore, the  commissioner  [is
 authorized to] SHALL direct any applicant who is a responsible party, as
 defined in section 27-1313 of this article, to provide such grants. Such
 grants  shall be known as technical assistance grants and may be used to
 obtain technical assistance in interpreting information with  regard  to
 the  nature of the hazard posed by contamination located AT or emanating
 from a brownfield site or sites and the development  and  implementation
 of  a brownfield site remedial program or programs. Such grants may also
 be used to hire health and safety experts to advise  affected  residents
 on  any  health assessments and for the education of interested affected
 community members to enable them to more effectively participate in  the
 remedy  selection  process. Grants awarded under this section may not be
 used for the purposes  of  collecting  field  sampling  data,  political
 activity or lobbying legislative bodies.
   (b)  The amount of any grant awarded under this section may not exceed
 fifty thousand dollars at any one site.
   (c) No  matching  contribution  from  the  grant  recipient  shall  be
 required  for  a  technical assistance grant. Following a grant award, a
 portion of the grant shall be made available to the grant recipient,  in
 advance of the expenditures to be covered by the grant, in five thousand
 dollar installments.
   § 5. This act shall take effect immediately.