S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7964
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Investigations and Govern-
   ment Operations
 
 AN ACT to amend the tax law and the environmental conservation  law,  in
   relation to incentivizing projects on certain Brownfield sites

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subparagraph (A) of paragraph 3-a  of  subdivision  (a)  of
 section  21 of the tax law, as amended by section 18 of part BB of chap-
 ter 56 of the laws of 2015, is amended to read as follows:
   (A) Notwithstanding any other provision of law to  the  contrary,  the
 tangible  property  credit  component  available  for any qualified site
 pursuant to paragraph three of this subdivision shall not  exceed  thir-
 ty-five  million dollars or three times the sum of the costs included in
 the calculation of the site preparation credit component and the on-site
 groundwater remediation credit component under paragraphs two and  four,
 respectively,  of  this  subdivision, and the costs that would have been
 included in the calculation of such components  if  not  treated  as  an
 expense and deducted pursuant to section one hundred ninety-eight of the
 internal  revenue  code, whichever is less; provided, however, that: (1)
 in the case of a qualified site to be used primarily  for  manufacturing
 activities,  the  tangible  property  credit component available for any
 qualified site pursuant to paragraph three of this subdivision shall not
 exceed forty-five million dollars or six times  the  sum  of  the  costs
 included in the calculation of the site preparation credit component and
 the  on-site  groundwater  remediation credit component under paragraphs
 two and four, respectively, of this  subdivision,  and  the  costs  that
 would  have  been  included in the calculation of such components if not
 treated as an expense and deducted pursuant to section one hundred nine-
 ty-eight of the internal revenue code, whichever is  less;  (2)  IN  THE
 CASE OF A QUALIFIED PROJECT SITE, THE TANGIBLE PROPERTY CREDIT COMPONENT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11896-01-5
              

 S. 7964                             2
 
 AVAILABLE  FOR  ANY  QUALIFIED  SITE PURSUANT TO PARAGRAPH THREE OF THIS
 SUBDIVISION SHALL NOT EXCEED SEVENTY MILLION DOLLARS OR FIVE  TIMES  THE
 SUM  OF  THE  COSTS  INCLUDED IN THE CALCULATION OF THE SITE PREPARATION
 CREDIT  COMPONENT  AND THE ON-SITE GROUNDWATER REMEDIATION CREDIT COMPO-
 NENT UNDER PARAGRAPHS TWO AND FOUR OF  THIS  SUBDIVISION,  RESPECTIVELY,
 AND  THE  COSTS THAT WOULD HAVE BEEN INCLUDED IN THE CALCULATION OF SUCH
 COMPONENTS IF NOT TREATED AS AN EXPENSE AND DEDUCTED PURSUANT TO SECTION
 ONE HUNDRED NINETY-EIGHT OF THE  INTERNAL  REVENUE  CODE,  WHICHEVER  IS
 LESS;  and [(2)] (3) the provisions of this paragraph shall not apply to
 any qualified site for which the department of  environmental  conserva-
 tion  has  issued a notice to the taxpayer before June twenty-third, two
 thousand eight that its request  for  participation  has  been  accepted
 under  subdivision six of section 27-1407 of the environmental conserva-
 tion law.
   § 2. Subdivision (b) of section 21 of the tax law is amended by adding
 a new paragraph 7 to read as follows:
   (7) QUALIFIED PROJECT SITE. THE TERM "QUALIFIED  PROJECT  SITE"  SHALL
 MEAN  A  QUALIFIED  SITE,  LOCATED IN A CITY HAVING A POPULATION OF LESS
 THAN ONE HUNDRED THOUSAND, WHICH MEETS ALL OF THE FOLLOWING CRITERIA:
   (A) AT LEAST FIFTY PERCENT OF THE SITE IS LOCATED IN AN  ENVIRONMENTAL
 ZONE,  A  DESIGNATED  BROWNFIELD  OPPORTUNITY  AREA,  OR A DISADVANTAGED
 COMMUNITY AS THAT TERM IS DEFINED IN SECTION  27-1405  OF  THE  ENVIRON-
 MENTAL CONSERVATION LAW;
   (B)  ONE  OR  MORE  STRUCTURES  CONSTRUCTED  ON THE SITE IS PHYSICALLY
 CONNECTED TO, OR IS WITHIN ONE-HALF  MILE  OF,  A  STATION  FOR  REGULAR
 SHARED-RIDE  TRANSPORTATION SERVICES OPEN TO THE GENERAL PUBLIC, INCLUD-
 ING BUT NOT LIMITED TO  AN  INTERCITY  BUS  STATION,  A  PASSENGER  RAIL
 STATION,  AN  INTERMODAL  TRANSPORTATION  STATION,  OR OTHER STATION FOR
 MODES OF PUBLIC TRANSPORTATION;
   (C) IN ANY BUILDING PLACED INTO SERVICE ON A  QUALIFIED  PROJECT  SITE
 WHICH IS PRIMARILY FOR RESIDENTIAL USE, EITHER: (I) AT LEAST TWENTY-FIVE
 PERCENT OF THE RESIDENTIAL UNITS IN THE BUILDING ARE AFFORDABLE UNITS AS
 DEFINED  IN THIS PARAGRAPH; OR (II) AT LEAST TWELVE PERCENT OF THE RESI-
 DENTIAL UNITS IN THE BUILDING ARE AFFORDABLE UNITS AND THE TOTAL  NUMBER
 OF  AFFORDABLE  UNITS  RELATIVE TO THE TOTAL NUMBER OF RESIDENTIAL UNITS
 FOR ALL BUILDINGS PLACED INTO SERVICE ON THE PROJECT OR ZONING  DEVELOP-
 MENT SITE AS OF THE LAST DAY OF THE TAXABLE YEAR EQUALS OR EXCEEDS TWEN-
 TY-FIVE PERCENT;
   (D)  IN  ANY  BUILDING PLACED INTO SERVICE ON A QUALIFIED PROJECT SITE
 WHICH IS FOR OFFICE USE, (I) AT LEAST TWO AFFORDABLE UNITS PER TEN THOU-
 SAND SQUARE FEET OF OFFICE USE SHALL BE LOCATED ON THE PROJECT OR ZONING
 SITE AND (II) THE TOTAL NUMBER OF AFFORDABLE UNITS IN ALL  BUILDINGS  IN
 SERVICE ON THE PROJECT OR ZONING DEVELOPMENT SITE AT ANY TIME BEFORE THE
 LAST  DAY  OF  THE TAXABLE YEAR EQUALS OR EXCEEDS TWENTY-FIVE PERCENT OF
 THE TOTAL NUMBER OF RESIDENTIAL UNITS IN SUCH BUILDINGS  PLUS  AN  ADDI-
 TIONAL TWO AFFORDABLE UNITS FOR EVERY TEN THOUSAND SQUARE FEET OF OFFICE
 SPACE IN THE BUILDING BEING PLACED INTO SERVICE;
   (E)  THE TOTAL PROJECT VALUE FOR LAND, BUILDINGS, AND CONSTRUCTION-IN-
 PROGRESS OF IMPROVEMENTS ON THE QUALIFIED SITE EXCEEDS TWO HUNDRED FIFTY
 MILLION DOLLARS AT THE END OF  EACH  TAXABLE  YEAR  IN  WHICH  QUALIFIED
 TANGIBLE  PROPERTY  IS  PLACED  INTO  SERVICE  ON THE SITE, WHERE "TOTAL
 PROJECT VALUE" SHALL BE THE SUM OF THE REPORTED END OF YEAR BALANCES FOR
 LAND, BUILDINGS AND OTHER ASSETS WITHOUT  REGARD  TO  DEPRECIATION,  AND
 OTHER ASSETS TO THE EXTENT INCLUDING CONSTRUCTION OR WORK IN PROGRESS AS
 SET FORTH ON THE BALANCE SHEET INCLUDED IN THE TAXPAYER'S FEDERAL INCOME
 TAX RETURN; AND
 S. 7964                             3
 
   (F)  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION HAS ISSUED A NOTICE
 TO THE TAXPAYER ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FIVE THAT
 ITS REQUEST FOR PARTICIPATION WITH RESPECT TO THE SITE HAS BEEN ACCEPTED
 UNDER SUBDIVISION SIX OF SECTION 27-1407 OF THE ENVIRONMENTAL  CONSERVA-
 TION LAW.
   FOR  PURPOSES  OF THIS PARAGRAPH: (I) "STATION" MEANS THE PORTION OF A
 PROPERTY LOCATED APPURTENANT TO A RIGHT-OF-WAY  ON  WHICH  ONE  OR  MORE
 MODES  OF  PUBLIC  TRANSPORTATION MAY BE OPERATED, WHERE SUCH PORTION IS
 USED BY THE GENERAL PUBLIC AND IS  RELATED  TO  THE  PROVISION  OF  SUCH
 TRANSPORTATION,  AND  WHICH  MAY INCLUDE PASSENGER PLATFORMS, DESIGNATED
 WAITING AREAS, TICKETING AREAS, RESTROOMS, AND ANCILLARY  SERVICES  SUCH
 AS CONCESSION AREAS; (II) "PROJECT OR ZONING DEVELOPMENT SITE" MEANS ALL
 PARCELS  OR  LOTS  SUBJECT  TO  AN APPROVED SITE PLAN WHICH INCLUDES THE
 QUALIFIED PROJECT SITE OR SITES;  AND  (III)  "AFFORDABLE  UNITS"  MEANS
 RENTAL  OR FOR-SALE RESIDENTIAL UNITS DEDICATED TO TENANTS OR HOMEOWNERS
 AT EIGHTY PERCENT OF THE AREA MEDIAN INCOME FOR THE PRIMARY METROPOLITAN
 STATISTICAL AREA OR FOR THE COUNTY IF LOCATED OUTSIDE OF A  METROPOLITAN
 STATISTICAL AREA, AS DETERMINED BY THE UNITED STATES DEPARTMENT OF HOUS-
 ING  AND  URBAN  DEVELOPMENT  OR  ITS SUCCESSOR FOR A FAMILY OF FOUR, AS
 ADJUSTED FOR FAMILY SIZE.
   CONSTRUCTION WORK FOR SITE REMEDIATION ACTIVITIES DESCRIBED  IN  PARA-
 GRAPHS  (C),  (D), AND (F) OF SUBDIVISION FIVE OF SECTION 27-1405 OF THE
 ENVIRONMENTAL CONSERVATION LAW ON A  QUALIFIED  PROJECT  SITE  SHALL  BE
 SUBJECT  TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS TWO
 HUNDRED TWENTY AND TWO HUNDRED  TWENTY-B  OF  THE  LABOR  LAW;  PROVIDED
 HOWEVER  THAT  PREVAILING  WAGE  REQUIREMENTS  SHALL  NOT  APPLY TO WORK
 PERFORMED UNDER A PROJECT LABOR AGREEMENT ("PLA") BETWEEN  AN  OWNER  OR
 CONTRACTOR  AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGAN-
 IZATION WHICH HAS ESTABLISHED ITSELF AS THE COLLECTIVE BARGAINING REPRE-
 SENTATIVE FOR ALL PERSONS WHO WILL PERFORM WORK ON SUCH A  PROJECT,  AND
 WHICH  PROVIDES  THAT ONLY CONTRACTORS AND SUBCONTRACTORS WHO SIGN A PLA
 WITH THE LABOR ORGANIZATION CAN PERFORM WORK ON SUCH A PROJECT  UNDER  A
 PLA  BETWEEN  AN  OWNER  OR  CONTRACTOR  AND  A  BONA  FIDE BUILDING AND
 CONSTRUCTION TRADE LABOR  ORGANIZATION.  THE  PLA  SHALL  REQUIRE  FORTY
 PERCENT  OF  FULL-TIME  EQUIVALENT POSITIONS RECEIVE WAGES EQUIVALENT TO
 PREVAILING WAGE. THE ENFORCEMENT OF THE PREVAILING WAGE REQUIREMENTS  IF
 APPLICABLE  TO A QUALIFIED PROJECT SITE SHALL BE SUBJECT TO THE REQUIRE-
 MENTS OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO  HUNDRED
 TWENTY-B,  TWO  HUNDRED  TWENTY-I, TWO HUNDRED TWENTY-THREE, TWO HUNDRED
 TWENTY-FOUR-B, AND TWO HUNDRED TWENTY-SEVEN OF THE LABOR LAW AND  WITHIN
 THE JURISDICTION OF THE FISCAL OFFICER AS DEFINED IN SECTION TWO HUNDRED
 TWENTY OF THE LABOR LAW.
   §  3. The opening paragraph of subdivision 3 of section 27-1419 of the
 environmental conservation law, as amended by section 10 of part  BB  of
 chapter 56 of the laws of 2015, is amended to read as follows:
   Upon  receipt  of  the  final engineering report, the department shall
 review such report and the data submitted  pursuant  to  the  brownfield
 site cleanup agreement as well as any other relevant information regard-
 ing  the brownfield site. Upon satisfaction of the commissioner that the
 remediation requirements set forth in this title have been  or  will  be
 achieved  in  accordance with the timeframes, if any, established in the
 remedial work plan, the commissioner shall issue a  written  certificate
 of  completion. The certificate shall include such information as deter-
 mined by the department of  taxation  and  finance,  including  but  not
 limited  to  the  brownfield site boundaries included in the final engi-
 neering report, the date of the brownfield site cleanup  agreement,  and
 S. 7964                             4

 the  applicable  percentages available as of the date of the certificate
 of completion for that site for purposes of section  twenty-one  of  the
 tax law. For those sites for which the department has issued a notice to
 the  applicant  on or after July first, two thousand fifteen or the date
 of publication in the state register of  proposed  regulations  defining
 "underutilized"  as provided in subdivision thirty of section 27-1405 of
 this title, whichever shall be later, that its request for participation
 has been accepted under subdivision  six  of  section  27-1407  of  this
 title, the tangible property credit component of the brownfield redevel-
 opment  tax  credit  pursuant  to  paragraph three of subdivision (a) of
 section twenty-one of the tax law shall only be available to the taxpay-
 er if the criteria for receiving such tax  CREDIT  component  have  been
 met. For those sites for which the department has issued a notice to the
 taxpayer  after  June  twenty-third, two thousand eight that its request
 for participation has been accepted under  subdivision  six  of  section
 27-1407  of  this title, the applicable percentage for the site prepara-
 tion credit component pursuant to paragraph two of  subdivision  (a)  of
 section  twenty-one  of the tax law, and the on-site groundwater remedi-
 ation credit component pursuant to paragraph four of subdivision (a)  of
 section twenty-one of the tax law shall be based on the level of cleanup
 achieved  pursuant  to subdivision four of section 27-1415 of this title
 and the level of cleanup of soils to contaminant-specific  soil  cleanup
 objectives promulgated pursuant to subdivision six of section 27-1415 of
 this title, up to a maximum of [fifty] SEVENTY-FIVE percent, as follows:
   § 4. This act shall take effect immediately.