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New York MUST adopt a workable brownfield policy
Advocates for more restrictive land use policies, as well as those who
support stronger economic growth, conceptually support the idea of
implementing policies to encourage the clean-up and re-use of brownfield
sites. Many of these sites are located in urban settings where businesses
have fled to the suburbs to take advantage of less expensive construction
costs, newer infrastructure, and a more pleasant work environment for their
employees. From Brooklyn to Buffalo, urban sites that could provide
thousands of good jobs and millions in tax revenues lie unused because of
the stalemate over brownfield reform.
Over the last few years, NYSEDC has worked with The Business Council and
other municipal organizations, developers, businesses, and consultants to
develop recommendations for reforming and refinancing the state’s superfund
program and providing incentives for the cleanup and productive reuse of
brownfield sites.This coalition has
developed detailed legislative proposals on each of these issues, which are
summarized below.
- A risk-based approach to site remediation
should be adopted, with risk assessments based on the future use of a site
and other generally accepted risk factors. This approach should apply to
surface soils, subsurface soils and groundwater.
- Responsible parties that complete a
state-approved cleanup plan should receive a release from future liability
– with limited “reopeners.” Non-responsible parties – including
municipalities, lenders, and entities doing “voluntary” cleanups at
brownfield sites – should be protected from future liability for
contamination they did not cause.
- A “pay as you go” approach to funding the
state’s remedial program should be approved, as well as a reasonable
increase in annual state spending on remediation programs. Since
state-financed cleanups result in broad public health and economic
benefits, these expenditures should be financed through existing general
revenues, not narrowly targeted business fees.
- NYSEDC also supports the adoption of a
statutory “voluntary cleanup program” that – through changes in site
investigation, remedy selection and environmental liability provisions,
and through targeted financial incentives – will encourage the cleanup and
reuse of contaminated sites.
- NYSEDC supports an expansion of economic
development incentives to encourage private sector businesses to remediate
and develop existing brownfield sites. A listing of those incentives is
included in the legislative proposal developed by The Business Council
coalition in which NYSEDC participates.
- NYSEDC supports requiring the state (DEC)
to benchmark itself with the best practices in other states with regard to
the brownfield remediation process. Several states, including Pennsylvania
and Ohio have operated successful brownfield programs longer than New York
has. DEC should identify practices that allow brownfield sites in those
states to be remediated and developed in a more expedited manner than
similar sites in New York.
Background: Property that has been
contaminated by hazardous wastes, hazardous substances, solid wastes, or
petroleum-related substances can pose a threat to public health and
environmental quality. This contamination also has an adverse impact on the
economically beneficial use of such sites, especially in urban areas.
Finally, the remediation of such sites can impose significant financial
costs on state government.
The timely cleanup of contaminated sites, whether by the current owner or
operator or by an outside party interested in redeveloping the site, will
produce environmental and economic benefits for the people of the state, and
will reduce the need for public funds for remedial projects. The remediation
of such sites will also remove a major barrier to their redevelopment, which
will produce significant local economic benefits.
While the state’s existing remediation program has made some progress in
addressing contaminated sites, the state could achieve more timely cleanups
through an alternative approach that addresses site-specific risks, and that
provides liability releases once cleanups are complete. The state could also
achieve the cleanup and reuse of sites by “non-responsible parties” by
offering economic development incentives that help offset the cost of
environmental remediation.
These approaches to the remediation and redevelopment of “brownfield” sites
have proven effective in a number of other states where they have been
adopted. Importantly, if they are not adopted, it is likely that many
currently contaminated sites will never be remediated, and, as such, will
continue to pose environmental and health risks. |
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