Pataki signs brownfields bill

Gov. George Pataki signed a long-awaited environmental clean-up bill into law Thursday.

The law refinances the state's Superfund program and creates a new state brownfields clean-up program.

Brownfields are parcels of previously-used land, where redevelopment is hindered by real or perceived pollution.

The brownfields program is designed to encourage private investment by tweaking a number of state policies on the polluted parcels.

Some of the new policies under the new law include increased incentives to municipalities that clean up brownfields. The law boosts the state's contribution to those projects from 75 percent to 90 percent.

Another important part of the law is the reduction in liability for those who buy already-contaminated sites.

Polluters will still be held liable for cleanup. But private and public developers -- provided they didn't pollute the site in the first place -- would not be held responsible for contamination on property they want to redevelop.

The law also authorizes up to $120 million to be spent on the state's Superfund program annually.

The Superfund program acts as a kind of bank account the state can dip into to conduct needed cleanups of contaminated sites.

The Superfund is usually used if the parties responsible for the contamination cannot be found or are defunct.

The bill was passed by the New York State Senate at a special one-day session Sept. 16.

The Senate's passage brought the bill into alignment with a version the state Assembly in June 2003.

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3:12 PM EDT Thursday

Superfund legislation signed by Pataki

James Fink

Business First

New state legislation that's being touted as aiding economic development efforts through New York's superfund program, is being condemned by the private sector.

Gov. Pataki on Thursday signed into a law a series of superfund initiatives aimed at taking older industrial sites and making them develop-ready through the use of tax incentives and perks. On paper it sounds good, but in reality many in the private sector feel the new legislation will add more costs and risks for developing former industrial and commercial property that is considered brownfield real estate.

"Economic development concerns were not figured into the equation," said Paul Ciminelli, president of Ciminelli Development Cos.

Ciminelli and others including the Buffalo Niagara Partnership, Buffalo Niagara Enterprise and Erie County Industrial Development Agency feel the legislation is too ambiguous and may lead developers open in future years for more restrictive and expensive conditions.

"While we don't like the legislation, at this point, we are willing to put our faith in the governor, who has said, his staff will try and improve the bill through the regulatory process to address upstate concerns," said Kevin Schulyer, vice president of government affairs for the Buffalo Niagara Partnership.

Some feel, especially in the upstate region, that developers will focus on greenfield property rather than older brownfield parcels because of the restrictions.