S T A T E O F N E W Y O R K
________________________________________________________________________
10578
I N S E N A T E
May 26, 2026
___________
Introduced by Sen. CLEARE -- read twice and ordered printed, and when
printed to be committed to the Committee on Investigations and Govern-
ment Operations
AN ACT to extend the duration of certain brownfield redevelopment and
remediation tax credits with respect to certain sites
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. (a) Notwithstanding any provision of law, rule or regu-
lation to the contrary, any site for which (i) a brownfield cleanup
agreement with the department of environmental conservation was entered
into prior to January 21, 2005 with respect to a site located at 1800
Park Avenue, between East 124th and East 125th Streets in East Harlem,
New York County, and (ii) which received a certificate of completion on
or before October 24, 2016, shall be a qualified site for purposes of
the brownfield redevelopment tax credits available to such a site pursu-
ant to section 21 of the tax law as in effect for such a site as of the
effective date of this act provided that both the site preparation cred-
it component and the on-site groundwater remediation credit component
shall be allowed for all eligible costs incurred on such a site prior to
and within the tax year in which qualified tangible property on such a
site is placed in service, and for a five year period (60 months)
following the year such property is first placed in service upon such a
site, provided, such a date occurs prior to the 2031 tax year, and the
tangible property credit component shall be allowed for all eligible
costs incurred on such a site prior to and within the tax year in which
qualified tangible property on such a site is placed in service, and for
a ten year period (120 months) following the year such property is first
placed in service upon such a site, provided such a date occurs prior to
the 2031 tax year.
(b) In addition, any site for which (i) a brownfield cleanup agreement
with the department of environmental conservation was entered into prior
to January 21, 2005 with respect to a site located at 1800 Park Avenue,
between East 124th and East 125th Streets in East Harlem, New York Coun-
ty, and (ii) which received a certificate of completion on or before
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16004-01-6
S. 10578 2
October 24, 2016, shall be eligible to claim the tax credit for remedi-
ated brownfields available to such a site pursuant to section 22 of the
tax law as in effect for such a site as of the effective date of this
act provided the benefit period as applicable thereto shall be deemed to
be a ten-consecutive-tax-year period beginning with the tax year in
which qualified tangible property on such a site is placed in service
where said benefit period shall begin no later than the 2031 tax year.
(c) Further, any site for which (i) a brownfield cleanup agreement
with the department of environmental conservation was entered into prior
to January 21, 2005 with respect to a site located at 1800 Park Avenue,
between East 124th and East 125th Streets in East Harlem, New York Coun-
ty, and (ii) which received a certificate of completion on or before
October 24, 2016, shall be a qualified site for purposes of claiming the
tax credit for remediated brownfields available to such a site pursuant
to section 22 of the tax law, provided that such developer as defined
under section 22 of the tax law has purchased or in any other way has
been conveyed all or any portion of such a site from any other party who
or which has been issued a certificate of completion with respect to
such site and further provided that such purchase or conveyance occurs
no later than the 2031 tax year.
§ 2. This act shall take effect immediately.