NY State Senate Bill 2025-S672A

Current Bill Status - In Senate Committee Finance 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

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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 13, 2025	reported and committed to finance
Mar 07, 2025	print number 672a
Mar 07, 2025	amend and recommit to environmental conservation
Jan 08, 2025	referred to environmental conservation

Votes

- May 13, 2025 - Environmental Conservation Committee Vote
  S672A
  
  11
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Environmental Conservation Committee Vote: May 13, 2025
      
      aye (11)
      
      Bynoe
      
      Canzoneri-Fitzpatrick
      
      Fahy
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Kavanagh
      
      May
      
      Palumbo
      
      Serrano
      
      Stec

Bill Amendments

Original

A (Active)

2025-S672 - Details

See Assembly Version of this Bill:: A3091
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§56-0501, 56-0502, 56-0503, 56-0505 & 56-0509, rpld §56-0502 sub 1, §56-0505 sub 2, En Con L
Versions Introduced in 2023-2024 Legislative Session:: A9366

2025-S672 - Summary

Relates to the completion and funding of environmental restoration projects.

2025-S672 - Sponsor Memo

                                 
BILL NUMBER: S672

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to envi-
ronmental restoration projects; and to repeal certain provisions of such
law relating thereto

 
PURPOSE:

To provides direct aid to municipalities to support efforts to clean up
contaminated sites in their communities where there is no private,
responsible party, in order to protect drinking water resources from
"forever" chemicals

 
SUMMARY OF PROVISIONS:

Sec. 1 - amends En Con law § 45-0501 to add a new subdivision (3)
providing that funds appropriated to the Clean Water Infrastructure Act
may be used to fund environmental restoration projects;

Sec. 2 - amends § 56-0502 to repeal subdivision (1), thereby removing
the definition of. "community-based organization".

Sec. 3 - amends En Con law § 56-0502 ( 1-a) and (5) and adds a new
subdivision (1) expanding the Environmental Restoration Program (ERP) to
allow funding for municipalities to investigate, design, and remediate
municipally-owned sites contaminated with PFAS and emerging contam-
inants;

Sec. 4 - amends En Con law § 56-0503 (2) to require a municipality to
use any settlement monies received from parties responsible for the
contamination to fund the municipal share for the environmental restora-
tion project;

Sec. 5 - amends En Con law § 56-0505 (1) paragraphs (a), (d), and (e)
pertaining to eligibility criteria by allowing:

a. the DEC to consider the location of the real property in a disadvan-
taged community;

b. municipalities to enter the program even if receiving other grant
funds to complete the project;

c. the DEC to consider requirements made by the commissioner of health
for "drinking water contamination sites" when determining eligibility;
and

d. the DEC to use other criteria it deems appropriate when determining
eligibility; .

Sec. 6 - repeals En Con law § 56-0505 (2) which prohibits real property
that is listed as Class 1 or Class 2 site on the registry of inactive
hazardous waste sites under § 27-1305 from entering the program;

Sec. 7 - amends En Con law § 56-0505 (3), (4) and (5) to limit the
State's indemnification of municipal actions to the remediation activ-
ities.
Sec. 8 - amends En Con law § 56-0509 (3) to provide for indemnification
by the state for an environmental restoration remediation project
contracted under this act;

Sec. 9 - provides for $20,000,000 from the Clean Water/Clean Air Bond
Act of 1996 for state assistance payments to municipalities for environ-
mental remediation;

Sec. 10 - effective date.

 
JUSTIFICATION:

Increasingly, the State's response efforts and investigation of emerging
contaminants has found contamination on land owned or operated by muni-
cipalities or local government organizations, many of which lack the
resources to advance the necessary cleanup actions.  For example, a
common ingredient in firefighting foams, PFAS chemicals, are likely to
be found at municipally-owned firefighting training areas and airports.

In 2017, New York State enacted the Clean Water Infrastructure Act to
provide resources to the state and municipalities to address the urgent
threat of emerging contaminants and ensure sources of drinking water are
protected. Experience has shown it is municipalities who often end up
addressing emerging contaminants. This bill allows more flexibility to
use funds allocated under CWIA to assist municipalities in addressing
PFAS chemical contamination, protecting drinking water resources to
reduce these "forever" chemicals in our environment.

 
LEGISLATIVE HISTORY:

2024: A.9366 (Referred to Environmental Conservation)

New bill in Senate

 
FISCAL IMPLICATIONS:

Subject to appropriations

 
EFFECTIVE DATE:
Immediately.

2025-S672 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    672
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the environmental conservation law, in relation to envi-
   ronmental restoration projects; and to repeal  certain  provisions  of
   such law relating thereto
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 56-0501 of the environmental  conservation  law  is
 amended by adding a new subdivision 3 to read as follows:
   3.  BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FIVE--TWO THOU-
 SAND TWENTY-SIX, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITHIN
 AVAILABLE APPROPRIATIONS.
   § 2. Subdivision 1 of section 56-0502 of the  environmental  conserva-
 tion law is REPEALED.
   §  3.  Subdivisions  1-a and 5 of section 56-0502 of the environmental
 conservation law, subdivision 1-a as added and subdivision 5 as  amended
 by  section  2 of part D of chapter 577 of the laws of 2004, are amended
 and a new subdivision 1 is added to read as follows:
   1. "CONTAMINANT" SHALL MEAN HAZARDOUS  WASTE  AS  DEFINED  IN  SECTION
 27-1301  OF  THIS  CHAPTER,  PETROLEUM AS DEFINED IN SECTION ONE HUNDRED
 SEVENTY-TWO OF THE NAVIGATION LAW, AND EMERGING CONTAMINANTS AS  DEFINED
 IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC HEALTH LAW.
   1-a. "Contamination" or "contaminated" shall [have the same meaning as
 provided  in  section  27-1405  of  this chapter] MEAN THE PRESENCE OF A
 CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL,  SURFACE  WATER,
 GROUNDWATER, AIR, OR INDOOR AIR.
   5.  "Municipality",  for  purposes  of this title, shall have the same
 meaning as provided in subdivision fifteen of section  56-0101  of  this
 article,  except  that  such term shall not refer to a municipality that
 [generated, transported, or disposed of, arranged for,  or  that  caused

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00134-01-5
 S. 672                              2

 the  generation, transportation, or disposal of contamination located at
 real property proposed to be investigated or to be remediated  under  an
 environmental  restoration project. For purposes of this title, the term
 municipality includes a municipality acting in partnership with a commu-
 nity  based organization], THROUGH DELIBERATE ACTION OR INACTION, INTEN-
 TIONALLY OR RECKLESSLY CAUSED OR CONTRIBUTED TO  CONTAMINATION,  OUTSIDE
 OF  ITS  PERFORMANCE  OF  GOVERNMENTAL FUNCTIONS, WHICH THREATENS PUBLIC
 HEALTH OR THE ENVIRONMENT, AT REAL PROPERTY TO BE INVESTIGATED OR  REME-
 DIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
   § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
 mental  conservation law, as amended by section 38 of part BB of chapter
 56 of the laws of 2015, is amended to read as follows:
   (c) A provision that the municipality shall assist  in  identifying  a
 responsible  party  by  searching  local records, including property tax
 rolls, or document reviews, and if,  in  accordance  with  the  required
 departmental  approval  of  any settlement with a responsible party, any
 responsible party payments become available to the municipality, before,
 during or after the completion of an environmental restoration  project,
 which  were not included when the state share was calculated pursuant to
 this section, [the state assistance share shall  be  recalculated,  and]
 THE  VALUE  OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND
 ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE  RECAL-
 CULATED,  TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS
 EQUAL TO OR LESS THAN THE MUNICIPAL SHARE.  TO THE EXTENT THE  TOTAL  OF
 ALL  SUCH  SETTLEMENT  AMOUNTS  EXCEEDS THE MUNICIPAL SHARE, the munici-
 pality shall pay SUCH EXCEEDANCE to the  state,  for  deposit  into  the
 environmental restoration project account of the hazardous waste remedi-
 al  fund  established  under section ninety-seven-b of the state finance
 law[, the difference between the original state assistance  payment  and
 the  recalculated state share. Recalculation of the state share shall be
 done each time a payment from a responsible party  is  received  by  the
 municipality];
   §  5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
 of the environmental conservation law, as amended by section 5 of part D
 of chapter 1 of the laws of 2003, are amended and two new paragraphs (f)
 and (g) are added to read as follows:
   (a) the benefit to the environment AND PUBLIC HEALTH realized  by  the
 expeditious  remediation  of the property proposed to be subject to such
 project;
   (d) real property in a designated brownfield opportunity area pursuant
 to section nine hundred seventy-r of the general municipal law  OR  REAL
 PROPERTY  IN  A  DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF
 SECTION 75-0101 OF THIS CHAPTER; [and]
   (e) the opportunity for other funding sources to be available for  the
 INVESTIGATION OR remediation of such property, including, but not limit-
 ed  to,  enforcement actions against responsible parties (other than the
 municipality to which state assistance was provided under this title; or
 a successor in title, lender, or lessee who was not otherwise a  respon-
 sible  party  prior  to such municipality taking title to the property),
 state assistance payments pursuant to title thirteen of article  twenty-
 seven  of  this chapter, and the existence of private parties willing to
 remediate such property using private funding sources. Highest  priority
 shall  be  granted  to projects for which other such funding sources are
 not available[.], EXCLUDING STATE OR FEDERAL FUNDS FOR THE INVESTIGATION
 OR REMEDIATION PROJECT RECEIVED OR TO BE RECEIVED BY THE MUNICIPALITY;
 S. 672                              3
 
   (F) FOR DRINKING WATER  CONTAMINATION  SITES  AS  DEFINED  IN  SECTION
 27-1201  OF  THIS  CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF
 HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER,  FOR  A  MUNICIPALLY
 OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
 ING CONTAMINANT OR CONTAMINANTS; AND
   (G)  ANY SUCH OTHER CRITERIA DEEMED APPROPRIATE BY THE DEPARTMENT.
   §  6.  Subdivision 2 of section 56-0505 of the environmental conserva-
 tion law is REPEALED.
   § 7. Subdivisions 3, 4, and 5 of section 56-0505 of the  environmental
 conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
 2,  as  amended  by section 5 of part D of chapter 1 of the laws of 2003
 and as renumbered by this section, is amended to read as follows:
   2. The remediation objective of an environmental  restoration  remedi-
 ation  project  shall  meet  the  same standard for protection of public
 health and the environment that applies to remedial  actions  undertaken
 pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
   §  8.  Subdivision 3 of section 56-0509 of the environmental conserva-
 tion law, as amended by section 4 of part D of chapter 577 of  the  laws
 of 2004, is amended to read as follows:
   3.  The  state  shall  indemnify and save harmless any municipality[,]
 THAT COMPLETES  AN  ENVIRONMENTAL  RESTORATION  REMEDIATION  PROJECT  IN
 COMPLIANCE  WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT
 OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
 THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
 or lender [identified in  paragraph  (a)  of  subdivision  one  of  this
 section  in  the  amount of any judgment or settlement, obtained against
 such municipality, successor in title, lessee, or lender  in  any  court
 for  any  common  law cause of action arising out of the presence of any
 contamination in or on property at anytime before the effective date  of
 a contract entered into pursuant to this title] FOR JUDGMENTS OR SETTLE-
 MENTS OBTAINED AGAINST SUCH MUNICIPALITY, SUCCESSOR IN TITLE, LESSEE, OR
 LENDER  IN  ANY  COURT FOR ANY COMMON LAW CAUSE OF ACTION ARISING OUT OF
 MUNICIPAL ACTIONS RELATED TO THE  IMPLEMENTATION  OF  THE  ENVIRONMENTAL
 RESTORATION  REMEDIATION PROJECT. Such municipality, successor in title,
 lessee, or lender shall be entitled to representation  by  the  attorney
 general, unless the attorney general determines, or a court of competent
 jurisdiction  determines,  that  such  representation would constitute a
 conflict of interest, in which case the attorney general  shall  certify
 to the comptroller that such party is entitled to private counsel of its
 choice,  and reasonable attorneys' fees and expenses shall be reimbursed
 by the state. Any settlement of such an action shall be subject  to  the
 approval  of the attorney general as to form and amount, and this subdi-
 vision shall not apply to any settlement of any such  action  which  has
 not received such approval.
   § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
 413  of  the  laws of 1996,   a memorandum of understanding shall not be
 required to make available twenty million dollars ($20,000,000) from the
 Clean Water/Clean Air Bond Act of 1996  for state assistance payments to
 municipalities for environmental remediation in accordance with title  5
 of article 56 of the environmental conservation law.
   § 10. This act shall take effect immediately.

2025-S672A (ACTIVE) - Details

See Assembly Version of this Bill:: A3091
Current Committee:: Senate Finance
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§56-0501, 56-0502, 56-0503, 56-0505 & 56-0509, rpld §56-0502 sub 1, §56-0505 sub 2, En Con L
Versions Introduced in 2023-2024 Legislative Session:: A9366

2025-S672A (ACTIVE) - Summary

Relates to the completion and funding of environmental restoration projects.

2025-S672A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S672A

SPONSOR: HINCHEY
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to envi-
ronmental restoration projects; and to repeal certain provisions of such
law relating thereto

 
PURPOSE:

To provides direct aid to municipalities to support efforts to clean up
contaminated sites in their communities where there is no private,
responsible party, in order to protect drinking water resources from
"forever" chemicals.

 
SUMMARY OF PROVISIONS:

Sec. 1 - amends En Con law § 45-0501 to add a new subdivision (3)
providing that funds appropriated to the Clean Water Infrastructure Act
may be used to fund environmental restoration projects;

Sec. 2 - amends § 56-0502 to repeal subdivision (1), thereby removing
the definition of. "community-based organization".

Sec. 3 - amends En Con law § 56-0502 ( 1-a) and (5) and adds a new
subdivision (1) expanding the Environmental Restoration Program (ERP) to
allow funding for municipalities to investigate, design, and remediate
municipally-owned sites contaminated with PFAS and emerging contam-
inants;

Sec. 4 - amends En Con law § 56-0503 (2) to require a municipality to
use any settlement monies received from parties responsible for the
contamination to fund the municipal share for the environmental restora-
tion project;

Sec. 5 - amends En Con law § 56-0505 (1) paragraphs (a), (d), and (e)
pertaining to eligibility criteria by allowing:

a. the DEC to consider the location of the real property in a disadvan-
taged community;

b. municipalities to enter the program even if receiving other grant
funds to complete the project;

c. the DEC to consider requirements made by the commissioner of health
for "drinking water contamination sites" when determining eligibility;
and

d. the DEC to use other criteria it deems appropriate when determining
eligibility; .

Sec. 6 - repeals En Con law § 56-0505 (2) which prohibits real property
that is listed as Class 1 or Class 2 site on the registry of inactive
hazardous waste sites under § 27-1305 from entering the program;

Sec. 7 - amends En Con law § 56-0505 (3), (4) and (5) to limit the
State's indemnification of municipal actions to the remediation activ-
ities.
Sec. 8 - amends En Con law § 56-0509 (3) to provide for indemnification
by the state for an environmental restoration remediation project
contracted under this act;

Sec. 9 - provides for $20,000,000 from the Clean Water/Clean Air Bond
Act of 1996 for state assistance payments to municipalities for environ-
mental remediation;

Sec. 10 - effective date.

 
JUSTIFICATION:

Increasingly, the State's response efforts and investigation of emerging
contaminants has found contamination on land owned or operated by muni-
cipalities or local government organizations, many of which lack the
resources to advance the necessary cleanup actions.  For example, a
common ingredient in firefighting foams, PFAS chemicals, are likely to
be found at municipally-owned firefighting training areas and airports.

In 2017, New York State enacted the Clean Water Infrastructure Act to
provide resources to the state and municipalities to address the urgent
threat of emerging contaminants and ensure sources of drinking water are
protected. Experience has shown it is municipalities who often end up
addressing emerging contaminants. This bill allows more flexibility to
use funds allocated under CWIA to assist municipalities in addressing
PFAS chemical contamination, protecting drinking water resources to
reduce these "forever" chemicals in our environment.

 
LEGISLATIVE HISTORY:

2024: A.9366 (Referred to Environmental Conservation)

New bill in Senate

 
FISCAL IMPLICATIONS:

Subject to appropriations

 
EFFECTIVE DATE:
Immediately.

2025-S672A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  672--A
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. HINCHEY -- 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 envi-
   ronmental  restoration  projects;  and to repeal certain provisions of
   such law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  56-0501 of the environmental conservation law is
 amended by adding a new subdivision 3 to read as follows:
   3. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND TWENTY-FIVE--TWO  THOU-
 SAND TWENTY-SIX, ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED WITHIN
 AVAILABLE APPROPRIATIONS.
   §  2.  Subdivision 1 of section 56-0502 of the environmental conserva-
 tion law is REPEALED.
   § 3. Subdivisions 1-a and 5 of section 56-0502  of  the  environmental
 conservation  law, subdivision 1-a as added and subdivision 5 as amended
 by section 2 of part D of chapter 577 of the laws of 2004,  are  amended
 and two new subdivisions 1 and 7 are added to read as follows:
   1.  "CONTAMINANT"  SHALL  MEAN  HAZARDOUS  WASTE AS DEFINED IN SECTION
 27-1301 OF THIS CHAPTER, PETROLEUM AS DEFINED  IN  SECTION  ONE  HUNDRED
 SEVENTY-TWO OF THE NAVIGATION LAW, THE CHEMICALS IDENTIFIED IN PARAGRAPH
 C  OF  SUBDIVISION  THREE OF SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC
 HEALTH LAW WHETHER OR NOT  LISTED  PURSUANT  TO  THE  AUTHORITY  OF  THE
 DEPARTMENT  OF  HEALTH UNDER SUCH SECTION AND ANY OTHER EMERGING CONTAM-
 INANTS AS DEFINED IN SECTION ELEVEN HUNDRED TWELVE OF THE PUBLIC  HEALTH
 LAW,  AND  ANY OTHER PFAS SUBSTANCES FOR WHICH A TESTING METHOD HAS BEEN
 RECOMMENDED, CERTIFIED, APPROVED OR IS IN USE  BY  THE  DEPARTMENT,  THE
 DEPARTMENT OF HEALTH OR THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD00134-02-5
 S. 672--A                           2
 
   1-a. "Contamination" or "contaminated" shall [have the same meaning as
 provided  in  section  27-1405  of  this chapter] MEAN THE PRESENCE OF A
 CONTAMINANT IN ANY ENVIRONMENTAL MEDIA, INCLUDING SOIL,  SURFACE  WATER,
 GROUNDWATER, AIR, OR INDOOR AIR.
   5.  "Municipality",  for  purposes  of this title, shall have the same
 meaning as provided in subdivision fifteen of section  56-0101  of  this
 article,  except  that  such term shall not refer to a municipality that
 [generated, transported, or disposed of, arranged for,  or  that  caused
 the  generation, transportation, or disposal of contamination located at
 real property proposed to be investigated or to be remediated  under  an
 environmental  restoration project. For purposes of this title, the term
 municipality includes a municipality acting in partnership with a commu-
 nity based organization], THROUGH GROSS NEGLIGENCE OR WILLFUL OR  INTEN-
 TIONAL MISCONDUCT, CAUSED OR CONTRIBUTED TO CONTAMINATION, WHICH THREAT-
 ENS   PUBLIC   HEALTH  OR  THE  ENVIRONMENT,  AT  REAL  PROPERTY  TO  BE
 INVESTIGATED OR REMEDIATED UNDER AN ENVIRONMENTAL RESTORATION PROJECT.
   7. "PFAS SUBSTANCES" SHALL MEAN A CLASS OF FLUORINATED ORGANIC  CHEMI-
 CALS CONTAINING AT LEAST ONE FULLY FLUORINATED CARBON ATOM.
   § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
 mental  conservation law, as amended by section 38 of part BB of chapter
 56 of the laws of 2015, is amended to read as follows:
   (c) A provision that the municipality shall assist  in  identifying  a
 responsible  party  by  searching  local records, including property tax
 rolls, or document reviews, and if,  in  accordance  with  the  required
 departmental  approval  of  any settlement with a responsible party, any
 responsible party payments become available to the municipality, before,
 during or after the completion of an environmental restoration  project,
 which  were not included when the state share was calculated pursuant to
 this section, [the state assistance share shall  be  recalculated,  and]
 THE  VALUE  OF SUCH SETTLEMENT SHALL BE USED BY THE MUNICIPALITY TO FUND
 ITS MUNICIPAL SHARE, AND THE STATE ASSISTANCE SHARE SHALL NOT BE  RECAL-
 CULATED,  TO THE EXTENT THAT THE TOTAL OF ALL SUCH SETTLEMENT AMOUNTS IS
 EQUAL TO OR LESS THAN THE MUNICIPAL SHARE.  TO THE EXTENT THE  TOTAL  OF
 ALL  SUCH  SETTLEMENT  AMOUNTS  EXCEEDS THE MUNICIPAL SHARE, the munici-
 pality shall pay SUCH EXCEEDANCE to the  state,  for  deposit  into  the
 environmental restoration project account of the hazardous waste remedi-
 al  fund  established  under section ninety-seven-b of the state finance
 law[, the difference between the original state assistance  payment  and
 the  recalculated state share. Recalculation of the state share shall be
 done each time a payment from a responsible party  is  received  by  the
 municipality];
   §  5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
 of the environmental conservation law, as amended by section 5 of part D
 of chapter 1 of the laws of 2003, are amended and a new paragraph (f) is
 added to read as follows:
   (a) the benefit to the environment AND PUBLIC HEALTH realized  by  the
 expeditious  remediation  of the property proposed to be subject to such
 project;
   (d) real property in a designated brownfield opportunity area pursuant
 to section nine hundred seventy-r of the general municipal law  OR  REAL
 PROPERTY  IN  A  DISADVANTAGED COMMUNITY PURSUANT TO SUBDIVISION FIVE OF
 SECTION 75-0101 OF THIS CHAPTER; [and]
   (e) the opportunity for other funding sources to be available for  the
 INVESTIGATION OR remediation of such property, including, but not limit-
 ed  to,  enforcement actions against responsible parties (other than the
 municipality to which state assistance was provided under this title; or
 S. 672--A                           3
 
 a successor in title, lender, or lessee who was not otherwise a  respon-
 sible  party  prior  to such municipality taking title to the property),
 state assistance payments pursuant to title thirteen of article  twenty-
 seven  of  this chapter, and the existence of private parties willing to
 remediate such property using private funding sources. Highest  priority
 shall  be  granted  to projects for which other such funding sources are
 not available[.]; AND
   (F) FOR DRINKING WATER  CONTAMINATION  SITES  AS  DEFINED  IN  SECTION
 27-1201  OF  THIS  CHAPTER, ANY REQUIREMENTS MADE BY THE COMMISSIONER OF
 HEALTH PURSUANT TO SECTION 27-1205 OF THIS CHAPTER,  FOR  A  MUNICIPALLY
 OWNED PUBLIC WATER SYSTEM TO TAKE ACTION TO REDUCE EXPOSURE TO AN EMERG-
 ING CONTAMINANT OR CONTAMINANTS.
   §  6.  Subdivision 2 of section 56-0505 of the environmental conserva-
 tion law is REPEALED.
   § 7. Subdivisions 3, 4, and 5 of section 56-0505 of the  environmental
 conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
 2,  as  amended  by section 5 of part D of chapter 1 of the laws of 2003
 and as renumbered by this section, is amended to read as follows:
   2. The remediation objective of an environmental  restoration  remedi-
 ation  project  shall  meet  the  same standard for protection of public
 health and the environment that applies to remedial  actions  undertaken
 pursuant to [section] SECTIONS 27-1313 AND 27-1205 of this chapter.
   §  8.  Subdivision 3 of section 56-0509 of the environmental conserva-
 tion law, as amended by section 4 of part D of chapter 577 of  the  laws
 of 2004, is amended to read as follows:
   3.  The  state  shall  indemnify and save harmless any municipality[,]
 THAT COMPLETES  AN  ENVIRONMENTAL  RESTORATION  REMEDIATION  PROJECT  IN
 COMPLIANCE  WITH THE TERMS AND CONDITIONS OF A STATE ASSISTANCE CONTRACT
 OR WRITTEN AGREEMENT PURSUANT TO SUBDIVISION THREE OF SECTION 56-0503 OF
 THIS TITLE PROVIDING SUCH ASSISTANCE AND ANY successor in title, lessee,
 or lender [identified in  paragraph  (a)  of  subdivision  one  of  this
 section]  in  the amount of any judgment or settlement, obtained against
 such municipality, successor in title, lessee, or lender  in  any  court
 for  any  common law cause of action arising out of: (A) the presence of
 any contamination in or on property at anytime before the effective date
 of a contract entered into pursuant to  this  title;  OR  (B)  MUNICIPAL
 ACTIONS  RELATED  TO THE IMPLEMENTATION OF THE ENVIRONMENTAL RESTORATION
 REMEDIATION PROJECT. Such municipality, successor in title,  lessee,  or
 lender  shall  be  entitled  to  representation by the attorney general,
 unless the attorney general determines, or a court of  competent  juris-
 diction determines, that such representation would constitute a conflict
 of  interest,  in  which  case the attorney general shall certify to the
 comptroller that such party  is  entitled  to  private  counsel  of  its
 choice,  and reasonable attorneys' fees and expenses shall be reimbursed
 by the state. Any settlement of such an action shall be subject  to  the
 approval  of the attorney general as to form and amount, and this subdi-
 vision shall not apply to any settlement of any such  action  which  has
 not received such approval.
   § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
 413  of  the  laws of 1996,   a memorandum of understanding shall not be
 required to make available twenty million dollars ($20,000,000) from the
 Clean Water/Clean Air Bond Act of 1996  for state assistance payments to
 municipalities for environmental remediation in accordance with title  5
 of article 56 of the environmental conservation law.
   § 10. This act shall take effect immediately.

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Senate Bill S672A

Sponsored By

Current Bill Status - In Senate Committee Finance Committee

May 13, 2025 - Environmental Conservation Committee Vote

Environmental Conservation Committee Vote: May 13, 2025

Bill Amendments

2025-S672 - Details

2025-S672 - Summary

2025-S672 - Sponsor Memo

2025-S672 - Bill Text download pdf

2025-S672A (ACTIVE) - Details

2025-S672A (ACTIVE) - Summary

2025-S672A (ACTIVE) - Sponsor Memo

2025-S672A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S672A

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Sponsored By

Michelle Hinchey

Current Bill Status - In Senate Committee Finance Committee

Bill Amendments

2025-S672 - Details

2025-S672 - Summary

2025-S672 - Sponsor Memo

2025-S672 - Bill Text download pdf

2025-S672A (ACTIVE) - Details

2025-S672A (ACTIVE) - Summary

2025-S672A (ACTIVE) - Sponsor Memo

2025-S672A (ACTIVE) - Bill Text download pdf

Comments