Citizens Environmental
Coalition (Anne Rabe)
Summary of Testimony

October 15, 1997

The New York State Department of Environmental Conservation (the "Department") scheduled a series of public hearings to provide an opportunity for comment on proposed regulations for the Environmental Restoration Projects aspect of the Clean Water/Clean Air Bond Act of 1996. This proposed regulation concerns State funding to eligible municipalities to carry out projects to investigate or to remediate hazardous substances located on property owned by the municipality. The regulation is also know as the "brownfields" Bond Act regulation. It would be Subpart 375-4 of Title 6 of the Official Compilation of Codes, Rules and Regulations of the State of New York (6 NYCRR Subpart 375-4).

Notice of the hearing was published in the Department's Environmental Notice Bulletin and in the New York State Register, both on July 16, 1997.

The amendments were proposed pursuant to Environmental Conservation Law ("ECL") Article 56, Titles 1 and 5 (Implementation of the Clean Water/Clean Air Bond Act of 1996) and ECL Section 3-0301.2 (General Functions, Powers and Duties). Pursuant to ECL Article 8 (State Environmental Quality Review), the Department determined that the proposed regulation would not have a significant impact on the environment.

Legislative hearings on the proposed amendments were held before Susan J. DuBois, Administrative Law Judge, on September 8, 9, 10, 16 and 17, 1997, in Albany, Farmingdale, New York City, Cheektowaga and Syracuse, respectively. The Department Staff was represented at the hearing by Robert Cozzy, P.E., of the Division of Environmental Remediation. A total of 29 people attended the hearing sessions, two of whom presented statements.

The hearing notice stated that written comments could be filed until September 22, 1997. Five written comments were received.

Anne Rabe, Executive Director, Citizens Environmental Coalition, stated that the brownfields portion of the Bond Act intended that brownfields projects be consistent with the State superfund remedial process and that in order to specify this intention, references to ECL Section 27-1313 should be added and certain definitions should be made consistent with 6 NYCRR Subpart 375-1. CEC stated that the project ranking system should be changed to avoid spending the program's funds on sites where other funding is available (particularly funding from the parties responsible for the contamination). CEC also recommended that the regulations provide for citizen participation earlier in restoration projects, and include language regarding a "technical assistance" provision in the Bond Act which would require a municipality to hire an independent consultant to assist community members in reviewing restoration projects.