§ 27-1417. Citizen participation.

1. Citizen participation handbook. The commissioner shall prepare a
citizen participation handbook for the purpose of providing guidance to
applicants in the design and implementation of meaningful citizen
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 involvement by outlining opportunities
and recommended methods for effective citizen participation. The
commissioner shall make such handbook 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 participation plans. (a) The design of any citizen
participation plan, including the level of citizen 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, citizen participation
plans shall embody the following principles of meaningful citizen
participation:

(1) opportunities for citizen 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
technical data and the assumptions upon which the analyses are based.

(b) All citizen 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

(4) a description and schedule of any additional public participation
activities needed to address public concerns.

3. Citizen 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
workplan, 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
determination.

(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
commissioner 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
institutional 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
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
appropriations made available pursuant to paragraph j of subdivision
three of section ninety-seven-b of the state finance law, the
commissioner is authorized to provide grants 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. 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 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 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.