NY State Senate Bill 2025-S6889

Current Bill Status - In Senate Committee Environmental Conservation 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 26, 2025	referred to environmental conservation

2025-S6889 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §27-1435, En Con L

2025-S6889 (ACTIVE) - Summary

Directs the department of environmental conservation to promulgate regulations to implement a state-owned property remediation program for brownfield properties owned by the state, or any department or agency thereof; makes related provisions.

2025-S6889 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6889

SPONSOR: GALLIVAN
 
TITLE OF BILL:

An act to amend the environmental conservation law, in relation to
expanding the brownfields cleanup program to include state-owned proper-
ties affected by certain kinds of structural contamination

 
PURPOSE:

To incentivize and promote the redevelopment of surplus state properties
and maximize the efficient use of such properties.

 
SUMMARY OF PROVISIONS:

Section 1 amends the environmental conservation law to create a new
section establishing a process for state-owned properties affected by
asbestos, lead, PCBs, and other contaminants in building materials to be
included in the Brownfields Cleanup Program and directs the Department
of Environmental Conservation to promulgate regulations necessary to
implement the program.

§ 2. establishes the effective date.

 
JUSTIFICATION:

The Brownfield Cleanup Program has been vital in the revitalization of
blighted properties and has served to stimulate economic growth in
communities throughout New York. As state government shutters prisons,
mental health facilities, and other state-owned properties, we leave
vacant and deteriorating properties in our wake. For example, the former
West Seneca Developmental Center has sat unused for many years and is
now no more than a dilapidated safety hazard.  This 267-acre campus with
over thirty abandoned buildings languishes due to the need for costly
asbestos and lead paint remediation, scarring an otherwise flourishing
community. The presence of hazardous substances, such as asbestos, lead,
or PCBs, have stymied redevelopment of facilities like this across the
State and is financially prohibitive of private investment.

This bill would expand the Brownfield Cleanup Program to cover remedi-
ation of asbestos, lead, PCBs, and other contaminants at state-owned
properties, thereby creating an incentive to redevelop these affected
facilities as well as provide an opportunity for economic development,
increased housing stock, and much needed job growth where they are
located.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect on the one hundred twentieth day after it
shall have become a law, provided that the amendment or repeal of any
rule or regulation necessary for implementation is authorized to be
completed on or before such date.

2025-S6889 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6889
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2025
                                ___________
 
 Introduced  by Sen. GALLIVAN -- 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
   expanding the brownfields cleanup program to include state-owned prop-
   erties affected by certain kinds of structural contamination

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The environmental conservation law is amended by  adding  a
 new section 27-1435 to read as follows:
 § 27-1435. STATE-OWNED PROPERTY REMEDIATION PROGRAM.
   1.  THE  DEPARTMENT SHALL PROMULGATE REGULATIONS TO IMPLEMENT A STATE-
 OWNED PROPERTY REMEDIATION PROGRAM FOR APPLICANTS THAT MEET THE REQUIRE-
 MENTS OF SUBDIVISION TWO OF THIS SECTION, PROVIDED THAT:
   (A) THE ACTIVITY IS CONDUCTED IN A MANNER WHICH SATISFIES ALL REQUIRE-
 MENTS APPLICABLE TO LIKE ACTIVITY CONDUCTED PURSUANT TO SECTIONS 27-1415
 AND 27-1417 OF THIS TITLE; AND
   (B) THE REMEDIAL PROGRAM PURSUANT TO SECTION  27-1415  OF  THIS  TITLE
 SHALL  ACHIEVE  A  CLEANUP LEVEL THAT WILL ALLOW THE SITE TO BE USED FOR
 ANY PURPOSE WITHOUT RESTRICTION BY THE DEPARTMENT AND  WITHOUT  RELIANCE
 ON THE LONG-TERM EMPLOYMENT OF INSTITUTIONAL OR ENGINEERING CONTROLS.
   2.  APPLICANTS UNDER THIS SECTION SHALL MEET THE FOLLOWING CRITERIA IN
 ORDER TO BE ELIGIBLE FOR THE STATE-OWNED PROPERTY REMEDIATION PROGRAM:
   (A) THE PROPERTY THAT IS THE SUBJECT OF THE APPLICATION MUST  BE  REAL
 PROPERTY  OWNED  BY  THE  STATE  OR  ANY  DEPARTMENT  OR AGENCY THEREOF,
 PROVIDED, HOWEVER, THAT REAL PROPERTY DISPOSED OF BY THE  STATE  OR  ANY
 DEPARTMENT  OR AGENCY THEREOF SHALL BE ELIGIBLE FOR THE PROGRAM PURSUANT
 TO THIS SECTION; AND
   (B) THE PROPERTY THAT IS THE SUBJECT OF THE APPLICATION IS AFFECTED BY
 CONTAMINATION OF STRUCTURES LOCATED AT THE SITE DUE TO STORED MATERIALS,
 ELECTRICAL APPURTENANCES, ASBESTOS, LEAD, POLYCHLORINATED BIPHENYLS,  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10719-05-5
 S. 6889                             2

 
 CONTAMINANT  AS  DEFINED  PURSUANT  TO  SUBDIVISION  SEVEN-A  OF SECTION
 27-1405 OF THIS TITLE.
   3. UPON THE DEPARTMENT'S ACCEPTANCE OF THE CERTIFICATION BY THE APPLI-
 CANT  THAT  THE  REMEDIATION  REQUIREMENTS  OF  THIS  TITLE, PURSUANT TO
 SECTION 27-1419 OF THIS TITLE, HAVE BEEN ACHIEVED FOR THE  PROPERTY  AND
 AN  ENVIRONMENTAL  EASEMENT,  IF  NECESSARY,  HAS BEEN CREATED AND FILED
 PURSUANT TO TITLE THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS CHAPTER, THE
 PROPERTY SHALL BE ELIGIBLE TO RECEIVE A  CERTIFICATE  OF  COMPLETION  IN
 ACCORDANCE  WITH SECTION 27-1419 OF THIS TITLE AND SHALL BE ELIGIBLE FOR
 THE TAX CREDITS PROVIDED BY SECTION TWENTY-ONE OF THE TAX LAW.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such date.

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Senate Bill S6889

Sponsored By

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2025-S6889 (ACTIVE) - Details

2025-S6889 (ACTIVE) - Summary

2025-S6889 (ACTIVE) - Sponsor Memo

2025-S6889 (ACTIVE) - Bill Text download pdf

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Sponsored By

Patrick M. Gallivan

Current Bill Status - In Senate Committee Environmental Conservation Committee

Actions

2025-S6889 (ACTIVE) - Details

2025-S6889 (ACTIVE) - Summary

2025-S6889 (ACTIVE) - Sponsor Memo

2025-S6889 (ACTIVE) - Bill Text download pdf

Comments