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DiNapoli Bill--Sponsor's Memo |
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A07507 Memo:TITLE OF BILL: An act to amend the environmental conservation law, in
relation to enacting the brownfields restoration act; to amend the
real property law, in relation to recording declarations of
restrictions upon qualified real property pursuant to a remedial
action plan requirement of the brownfield site cleanup agreement; to
amend the real property tax law, in relation to conducting an
environmental investigation; to amend the New York state urban
development corporation act, in relation to giving preference to the
award of appropriated funds to real properties designated in
redevelopment plans, in relation to brownfield grants; to amend the
environmental conservation law, in relation to environmental
easements; to amend the environmental conservation law, in relation to
environmental restoration projects for brownfield redevelopment; to
amend the state finance law, in relation to the deposit of certain
moneys into the hazardous waste remedial fund; to amend the public
authorities law, in relation to the financing of hazardous waste site
remediation projects and groundwater protection projects; to amend the
private housing finance law and the public housing law, in relation to
preferences with respect to certain projects; to amend the general
municipal law, in relation to brownfield business enterprise
designation; to amend the tax law, in relation to establishing a
brownfields remediation program; and repealing sections 27-1309,
27-1316 and 27-1317 of the environmental conservation law relating to
inactive hazardous substance waste disposal sites
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of the bill is to create a comprehensive brownfield site
cleanup program with the necessary financial resources and incentives
for implementation, provide for superfund refinancing, provide
liability relief and enact a statewide groundwater protection and
restoration program.
SUMMARY OF SPECIFIC PROVISIONS:
S 1. Adds a new title 12 to article 27 of the environmental
conservation law establishing the brownfields restoration act to
provide incentives for cleanup of contaminated sites. The program
includes liability releases for parties who successfully clean-up
brownfield sites. This new title also provides requirements for
community participation, citizen technical assistance grants,
certificates of completion, change of use and incentives to achieve
permanent unrestricted use cleanups.
S2. Adds a new section 3-0315 to the environmental conservation law
requiring the department of environmental conservation to create and
maintain a geographic information system which incorporates
information from all remedial programs under their jurisdiction.
S3. Amends subdivisions 1 and 3 of section 27-1301 of the
environmental conservation law and two new subdivisions 1-a and 8 are
added. The definition of hazardous waste is amended to include
hazardous substances, the definition of an inactive hazardous waste
disposal site remedial program is amended to include provision for
financial assurances for institutional and engineering controls; and
adds new definitions for "financial assurance" and "change of use".
S4. Repeals section 27-1309 of the ECL and adds a new section 27-1309
to provide for the access to sites.
S5. Repeals section 27-1317 of the ECL and adds a new section 27-13 17
providing for "Change of Use".
S6. Repeals section 27-1316 of the ECL and adds a new section 27-1316
providing for "Community Participation in Site Remediation".
S7. Adds a new section 27-1323 "Liability exemptions and defenses"
providing for lender, fiduciary and municipal liability exemption and
affirmative defenses.
S8. Article 15 of the ECL is amended to add a new title 31
"Groundwater Protection Act" to establish a program for the monitoring
and long-term restoration of the state`s groundwater resources.
S9. Amends subdivision 7 of section 56-0101 of the environmental
conservation law, "Environmental Restoration Project", to add priority
brownfield site clean-up projects by community based organizations.
S10. Amends section 56-0501 of the ECL to provide $75 million to be
available for priority brownfield clean-up projects.
S 11. Section 56-0502 is amended to include community based
organizations in the definition of municipality, and adds a new
definition for brownfield site, priority brownfield site cleanup
project, minority community, and community based organization and a
brownfield redevelopment plan.
S12. Section 56-0503 of the ECL is amended to add two new subdivisions
3 and 4, providing that a priority brownfield clean-up project shall
not be subject to the repayment requirement of this section, and
priority brownfield clean-up projects shall receive 100% of the
eligible costs of remediating offsite groundwater contamination
related to the project.
S 13. Subdivision 1 of section 56-0503 of the ECL is amended increase
the amount of state assistance payment for a priority brownfield
project to 90% of the eligible costs.
S 14. Paragraph (f) of subdivision 2 of section 56-0503 is amended to
provide enhanced community participation and citizen technical
assistance grants at priority brownfield clean-up projects.
S15. Amends subdivisions 1, 2 and 3 of section 56-0505 of the ECL, and
adds a new subdivision 6, to include in the criteria upon which a
determination for eligibility for state assistance for environmental
restoration projects are based environmental justice concerns and
community approval, to expand the list of sites which are not eligible
to enter into contracts with the department. to include sites that are
subject to enforcement under certain state and federal environmental
programs, and provide for the expedited review of proposed
environmental restoration projects.
S16. Amends Article 71 of the ECL by adding a new Title 16
"Environmental Easements" which establishes a process for use of
environmental easements to protect public health and the environment,
and to achieve the requirements for remediation established at
brownfield sites.
S17. Amends subdivisions 2 and 11 of section 97-b of the state finance
law to provide allocation of funding deposited in the hazardous waste
remedial fund (State Superfund).
S18. Amends paragraph b of subdivision 1 of section 71-2725 of the ECL
so that all penalties and fines collected pursuant to sections
71-2705, 71-2721 and 27-2723 are to be paid to the credit of the
industry fee transfer account of the hazardous waste remedial fund
established by subdivision 1 of S97-b of the state finance law (State
Superfund).
S19. Amends S72-0201 (1)(b), (9) (a&b) and (11)(a) of the
environmental conservation law directing funds into the industry fee
transfer account (State Superfund).
S20. Adds a new section 72-0403 to the ECL "Hazardous waste program
surcharges", which establishes annual fees for hazardous waste
generators (State Superfund).
S21. Adds a new section 1285-q to the Public Authorities Law,
authorizing the Environmental Facilities Corporation to issue bonds or
notes for the support of the State`s share of the cost of hazardous
waste site remediation projects (State Superfund).
S22. Section 316-b of the real property law is amended by adding a new
subdivision 3, requiring the recording and indexing of real property
restrictions pursuant to remedial work plan requirements of brownfield
site cleanup agreements.
S23. Section 1120 of the real property tax law is amended by adding a
new subdivision 3, allowing for municipalities` access to sites for
environmental investigation prior to ownership.
S24. Amends the Urban Development Corporation Act by adding a new
section 4-a, directing the corporation to give funding preference to
real properties designated within a brownfield redevelopment plan
pursuant to title 16 of the Act.
S25. Amends the Urban Development Corporation Act by adding a new
section 16-n, directing the corporation to establish a brownfield site
assessment, acquisition, remediation and redevelopment assistance
program, including the designation of land re-use opportunity areas.
S26. The public authority`s law is amended by adding a new section
1285-r authorizing the Environmental Facilities Corporation to issue
bonds or notes for the state cost of implementation of the groundwater
protection program.
S27. Amends subdivision 14 of S 1801 of the public authorities law,
the New York Job Development Authority, to include in the definition
of project the acquisition, remediation, and redevelopment of a
qualified brownfield site.
S28. Amends subdivision 3 of section 1112 of the private housing
finance law by providing preference for projects located at qualified
brownfield sites.
S29. Amends subdivision 8 of section 1102 of the private housing
finance law to provide additional preference for projects located at
qualified brownfield sites.
S30 Amends section 14 of the public housing law by adding a new
subdivision 6, authorizing the commissioner to give preference to
feasible projects to be developed and located at qualified brownfield
sites.
S31 Amends the general municipal law by adding a new section 970-r to
provide for the designation of a "brownfield business enterprise" to
be located at a qualified brownfield site using certain criteria.
S32 Amends section 959 of the general municipal law in order to
designate certain zone equivalent areas.
S33 Amends subdivision 1 of section 16-d of section 1 of the New York
State Urban Development Corporation Act to add a definition of
"Brownfield site".
S34 Amends subdivision 4 of section 16-d of the same Act to provide
additional preference under the Urban and Community Development
Program for projects located on qualified brownfield sites, when the
applicant is a qualified not-for-profit.
S35 Amends subdivision 2 of section 16-m of the same Act to provide
preference under the Empire State Economic Development Fund for
projects located at qualified brownfield sites, when the applicant is
a qualified not-for-profit.
S36 Amends the tax law by adding a new section 21 to provide tax
benefits for qualified brownfield business enterprises.
S37. Effective date
JUSTIFICATION: This bill addresses the need to clean-up the thousands
of brownfield sites across the state where real or perceived
contamination inhibits redevelopment. The comprehensive program the
cleanup of these sites, involves communities in the process, and
provides financial incentives to return the sites to productive use.
PRIOR LEGISLATIVE HISTORY: None.
FISCAL IMPLICATIONS: This bill would raise an additional $18.1 million
annually through a new assessment of hazardous generators which would
support, along with existing fees, a $200 million a year
Superfund/Brownfield cleanup program. Also makes environmental bond
act money available for priority brownfield cleanup projects and
amends various state economic development and housing programs to
provide grants, loans and tax incentives for the redevelopment
brownfield sites.
EFFECTIVE DATE: This act shall take effect immediately, and shall be
deemed to have been in full force and effect on and after April 1,
2003, provided however that section 21 of the tax law as added shall
apply to taxable years beginning on or after January 1, 2005.
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