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See Bill Summary
S T A T E O F N E W Y O R K
________________________________________________________________________
7512
2003-2004 Regular Sessions
I N A S S E M B L Y
March 25, 2003
___________
Introduced by M. of A. SCHIMMINGER, CANESTRARI, SMITH, TOCCI, DelMONTE,
PEOPLES, SEDDIO, MILLMAN, LAVELLE, BING -- Multi-Sponsored by -- M. of
A. COOK, R. DIAZ, GREEN, HIGGINS, KARBEN, McENENY, NORMAN, PERALTA,
J. RIVERA, SANDERS, SIDIKMAN, WEISENBERG -- read once and referred to
the Committee on Environmental Conservation
AN ACT to amend the economic development law, in relation to the
creation of a new office for smart development and brownfield revital-
ization; to amend the general municipal law, in relation to state
assistance through the department of economic development for brown-
field site planning, assessment, acquisition and remediation assist-
ance, enacting the "New York state land re-use opportunity act"; to
amend the New York state urban development corporation act, in
relation to brownfield site assessment, acquisition, and remediation
assistance; to amend the environmental conservation law, in relation
to water pollution, waste, inactive hazardous waste site remediation,
cleanup levels, the voluntary cleanup act, the implementation of the
clean water/clean air bond act of 1996, violations of article 27 of
such law, environmental regulatory program fees; to amend the naviga-
tion law, in relation to liability exclusions in connection with oil
spill prevention, control, and compensation, the disposition of
certain monies of the New York environmental protection and spill
compensation fund, providing for an audit thereof, settlements; to
amend the public authorities law, in relation to hazardous waste and
inactive hazardous waste disposal sites for purposes of the New York
state environmental facilities corporation; to amend the public health
law, in relation to inactive hazardous waste disposal sites; to amend
the real property law, in relation to recording certain instruments;
to amend the real property tax law, in relation to exemption from
taxation, in certain cases; to amend the state finance law, in
relation to the hazardous waste remedial fund and the remedial program
transfer fund; to amend the tax law, in relation to the brownfield
redevelopment tax credit and tax credits for remediated brownfields;
to amend chapter 83 of the laws of 1995 amending the state finance law
and other laws relating to bonds, notes, and revenues, in relation to
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
{ } is old law to be omitted.
LBD13549-02-3
A. 7512 2
making certain provisions thereof permanent; to amend chapter 54 of
the laws of 2002 enacting the health, mental hygiene and environmental
conservation budget, in relation to appropriations therein; to amend
chapter 81 of the laws of 2002 providing for the administration of
certain funds and accounts related to the 2002-2003 budget, in
relation to the allocation of certain funds; to amend the public
authorities law, in relation to state environmental infrastructure
projects; to repeal section 27-1316 of the environmental conservation
law relating to a hazardous substance waste disposal site study; to
repeal section 1389-e of the public health law relating to a hazardous
substance waste disposal site study; and to repeal subdivision 13 of
section 97-b of the state finance law relating to the state superfund
management board
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Section 100 of the economic development law is amended by
2 adding a new subdivision 46 to read as follows:
3 46. TO PROMOTE SMART DEVELOPMENT AND REVITALIZATION OF BROWNFIELD
4 SITES, AS SUCH SITES ARE DEFINED IN TITLE FOURTEEN OF ARTICLE
5 TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, PARTICULARLY FOR
6 BROWNFIELD SITES IN DESIGNATED EMPIRE ZONES PURSUANT TO ARTICLE EIGH-
7 TEEN-B OF THE GENERAL MUNICIPAL LAW, COORDINATE THE VARIOUS STATE
8 ECONOMIC DEVELOPMENT INCENTIVE BROWNFIELD PROGRAMS, SERVE AS A CENTRAL
9 INFORMATION CENTER FOR INFORMATION ON THE STATE BROWNFIELD PROGRAMS, AND
10 DEVELOP NEW ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS FOR SUCH SITES
11 THROUGH THE OFFICE FOR SMART DEVELOPMENT AND BROWNFIELDS REVITALIZATION
12 ESTABLISHED PURSUANT TO ARTICLE SEVENTEEN OF THIS CHAPTER.
13 S 2. The economic development law is amended by adding a new article
14 17 to read as follows:
15 ARTICLE 17
16 OFFICE OF SMART DEVELOPMENT AND BROWNFIELDS
17 REVITALIZATION
18 SECTION 349. DECLARATION OF PURPOSE.
19 350. DEFINITIONS.
20 351. OFFICE OF SMART DEVELOPMENT AND BROWNFIELDS REVITALIZATION.
21 352. GENERAL FUNCTIONS, POWERS, AND DUTIES.
22 353. ASSISTANCE OF OTHER STATE AGENCIES.
23 354. COMPREHENSIVE ECONOMIC DEVELOPMENT ASSISTANCE GRANT AND
24 LOAN INFORMATION.
25 355. IMPLEMENTATION OF SERVICES.
26 356. TEMPORARY ASSIGNMENT OR PERMANENT TRANSFER OF PERSONNEL.
27 357. REPORTS TO THE GOVERNOR AND THE LEGISLATURE.
28 358. SEPARABILITY.
29 S 349. DECLARATION OF PURPOSE. THE LEGISLATURE FINDS AND DETERMINES AS
30 FOLLOWS:
31 1. THE REDEVELOPMENT OF BROWNFIELD SITES IN THE STATE OF NEW YORK,
32 MANY OF WHICH ARE LOCATED IN OUR POST-INDUSTRIAL CITIES, IS VITAL TO THE
33 ECONOMIC, SOCIAL, AND GENERAL WELFARE OF OUR STATE. A NUMBER OF STATE
34 AGENCIES OFFER A VARIETY OF ECONOMIC DEVELOPMENT INCENTIVES FOR BROWN-
35 FIELD REDEVELOPMENT PROJECTS, BUT OBTAINING INFORMATION ON THESE
36 PROGRAMS BY AGENCY IS DIFFICULT, THEREBY DISCOURAGING PROSPECTIVE DEVEL-
37 OPERS OF SUCH SITES. MANY BROWNFIELD SITES ARE ALSO LOCATED IN EMPIRE
38 ZONES, BUT EMPIRE ZONE INCENTIVES ARE NOT COORDINATED WITH BROWNFIELD
A. 7512 3
1 ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS. THE REDEVELOPMENT CHALLENGES
2 FACING OUR BROWNFIELD SITES REQUIRE A CENTRALIZED OFFICE WITH INFORMA-
3 TION ON ALL OF THE BROWNFIELD PROGRAMS OF THE STATE AND AVAILABLE
4 ECONOMIC DEVELOPMENT INCENTIVES TO ASSIST PARTIES INTERESTED IN PURSUING
5 ECONOMIC DEVELOPMENT PROJECTS ON BROWNFIELD SITES.
6 2. THEREFORE, THE NEW OFFICE OF SMART DEVELOPMENT AND BROWNFIELDS
7 REVITALIZATION, ESTABLISHED BY SECTION THREE HUNDRED FIFTY-ONE OF THIS
8 ARTICLE, SHALL COORDINATE EFFORTS BY SEVERAL STATE AGENCIES TO ENCOURAGE
9 ECONOMIC DEVELOPMENT ON BROWNFIELD SITES BY MAXIMIZING INFORMATION AND
10 ACCESS TO THE VARIOUS STATE ECONOMIC INCENTIVE PROGRAMS THROUGH A
11 CENTRAL OMBUDSMAN OFFICE IN THE DEPARTMENT. INTERESTED PARTIES CAN BE
12 DIRECTED BY THE VARIOUS AGENCIES TO THIS CENTRALIZED OFFICE, WHICH SHALL
13 HAVE KNOWLEDGE OF ALL AVAILABLE ECONOMIC INCENTIVES, AND SHALL WORK TO
14 FACILITATE PARTIES INTERESTED IN DEVELOPING BROWNFIELD SITES PROCEEDING
15 WITH THEIR PROJECTS. THIS OFFICE SHALL ALSO CONDUCT A COMPREHENSIVE
16 REVIEW OF THE AVAILABLE INCENTIVE PROGRAMS TO DETERMINE WHICH INCENTIVES
17 SHOULD BE IMPROVED AND WHETHER OR NOT NEW INCENTIVES SHOULD BE CREATED.
18 3. THE LEGISLATURE INTENDS, BY THE ESTABLISHMENT OF AN OFFICE OF SMART
19 DEVELOPMENT AND BROWNFIELDS REVITALIZATION, THAT SUCH OFFICE SHALL
20 AUGMENT THE EFFORTS OF INDIVIDUAL STATE AGENCIES BY SERVING AN OMBUDSMAN
21 ROLE AND COORDINATING THE BROWNFIELD PROGRAMS AND EFFORTS OF VARIOUS
22 STATE AGENCIES AND PUBLIC BENEFIT CORPORATIONS TO PROMOTE AND ACCELERATE
23 THE REMEDIATION AND REDEVELOPMENT OF BROWNFIELD SITES IN THE STATE.
24 THE OFFICE SHALL REPORT TO THE GOVERNOR, THE COMMISSIONER OF ENVIRON-
25 MENTAL CONSERVATION, THE COMMISSIONER, AND THE DIRECTOR OF THE BUDGET ON
26 ACTIONS WHICH MUST BE TAKEN TO ENSURE THAT NECESSARY RESOURCES ARE MADE
27 AVAILABLE FOR BROWNFIELDS REDEVELOPMENT PURPOSES.
28 S 350. DEFINITIONS. WHEN USED IN THIS ARTICLE:
29 1. "BROWNFIELD PROGRAMS OF THE STATE" MEANS THE POLICIES AND PROGRAMS
30 SET FORTH IN TITLE FOURTEEN OF ARTICLE TWENTY-SEVEN OF THE ENVIRONMENTAL
31 CONSERVATION LAW, TITLE TWELVE-A OF ARTICLE THIRTEEN OF THE PUBLIC
32 HEALTH LAW, ARTICLE EIGHTEEN-D OF THE GENERAL MUNICIPAL LAW, SECTIONS
33 TWENTY-ONE AND TWENTY-FIVE OF THE TAX LAW, AND SECTION SIXTEEN-N OF THE
34 NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT.
35 2. "BROWNFIELDS SITE" MEANS AN AREA OF LAND OR STRUCTURE WHERE HAZARD-
36 OUS WASTE OR PETROLEUM HAS COME TO BE LOCATED, AS DEFINED IN SECTION
37 27-1401 OF THE ENVIRONMENTAL CONSERVATION LAW.
38 3. "COORDINATOR" MEANS THE CHIEF ADMINISTRATIVE OFFICER OF THE OFFICE.
39 4. "FEDERAL AGENCY" MEANS ANY DEPARTMENT, OFFICE, COUNCIL, OR AGENCY
40 OF THE FEDERAL GOVERNMENT, OR ANY PUBLIC BENEFIT CORPORATION OR AUTHORI-
41 TY AUTHORIZED BY FEDERAL STATUTE.
42 5. "OFFICE" MEANS THE OFFICE OF SMART DEVELOPMENT AND BROWNFIELDS
43 REVITALIZATION CREATED BY THIS ARTICLE.
44 6. "STATE AGENCY" MEANS ANY DEPARTMENT, BOARD, BUREAU, COMMISSION,
45 DIVISION, OFFICE, COUNCIL, OR AGENCY OF THE STATE, OR A PUBLIC BENEFIT
46 CORPORATION OR AUTHORITY AUTHORIZED BY THE LAWS OF THE STATE.
47 S 351. OFFICE OF SMART DEVELOPMENT AND BROWNFIELDS REVITALIZATION. 1.
48 THERE IS HEREBY CREATED IN THE DEPARTMENT AN OFFICE OF SMART DEVELOPMENT
49 AND BROWNFIELDS REVITALIZATION. THE HEAD OF THE OFFICE SHALL BE THE
50 COORDINATOR, WHO SHALL BE APPOINTED BY THE GOVERNOR WITH THE ADVICE AND
51 CONSENT OF THE SENATE AND WHO SHALL HOLD OFFICE AT THE PLEASURE OF THE
52 GOVERNOR.
53 2. THE COORDINATOR SHALL RECEIVE AN ANNUAL SALARY TO BE FIXED BY THE
54 GOVERNOR WITHIN THE AMOUNTS MADE AVAILABLE THEREFOR BY APPROPRIATIONS
55 AND SHALL BE ALLOWED HIS OR HER ACTUAL AND NECESSARY EXPENSES IN THE
56 PERFORMANCE OF HIS OR HER DUTIES.
A. 7512 4
1 3. THE COORDINATOR MAY APPOINT SUCH OFFICERS AND EMPLOYEES AS HE OR
2 SHE MAY DEEM NECESSARY, PRESCRIBE THEIR DUTIES, FIX THEIR COMPENSATION,
3 AND PROVIDE FOR THE REIMBURSEMENT OF THEIR EXPENSES, ALL WITHIN AMOUNTS
4 MADE AVAILABLE THEREFOR BY APPROPRIATIONS.
5 4. THE COORDINATOR SHALL ANNUALLY REPORT TO THE GOVERNOR AND LEGISLA-
6 TURE ON THE ACTIVITIES OF THE OFFICE, AND SHALL SERVE AS THE OMBUDSMAN
7 FOR THE STATE AND PARTIES INTERESTED IN OBTAINING INFORMATION ON ALL OF
8 THE BROWNFIELD PROGRAMS OF THE STATE AND AVAILABLE ECONOMIC DEVELOPMENT
9 INCENTIVES FOR BROWNFIELD SITES.
10 5. THE COORDINATOR SHALL PREPARE AND SUBMIT ANNUALLY, ON OR BEFORE
11 JANUARY FIRST, A COMPREHENSIVE REPORT, PURSUANT TO SECTION THREE HUNDRED
12 FIFTY-SEVEN OF THIS ARTICLE.
13 6. THE COORDINATOR SHALL ASSIST IN THE COORDINATION OF THE ECONOMIC
14 DEVELOPMENT INCENTIVES IN EACH OF THE BROWNFIELD PROGRAMS OF THE STATE
15 BEING IMPLEMENTED BY VARIOUS STATE AGENCIES AND MAKE RECOMMENDATIONS TO
16 IMPROVE OR AMEND THE VARIOUS ECONOMIC DEVELOPMENT INCENTIVES IN EACH
17 PROGRAM.
18 S 352. GENERAL FUNCTIONS, POWERS, AND DUTIES. THE OFFICE, BY AND
19 THROUGH THE COORDINATOR OR HIS OR HER DULY AUTHORIZED OFFICERS AND
20 EMPLOYEES, SHALL HAVE THE FOLLOWING FUNCTIONS, POWERS, AND DUTIES:
21 1. TO PROVIDE COMPREHENSIVE INFORMATION ON EXISTING BROWNFIELD
22 PROGRAMS OF THE STATE AND STATE ECONOMIC DEVELOPMENT INCENTIVES UPON
23 REQUEST OF ANY INTERESTED PARTY.
24 2. TO ASSIST INTERESTED PARTIES IN ACCESSING INFORMATION REGARDING
25 OTHER BROWNFIELD PROGRAMS, INCLUDING BUT NOT LIMITED TO THOSE FUNDED IN
26 WHOLE OR IN PART BY FEDERAL FUNDS, WHICH COULD BE USED TO PROVIDE
27 INFRASTRUCTURE OR OTHER INVESTMENTS, EDUCATION OR TRAINING PROGRAMS, OR
28 OTHER SERVICES THAT WILL ASSIST IN BROWNFIELDS REDEVELOPMENT EFFORTS.
29 3. TO OBTAIN THE INFORMATION FROM ALL STATE AGENCIES ENGAGED IN THE
30 EFFORTS IDENTIFIED IN SUBDIVISION ONE OF THIS SECTION FOR THE PURPOSE OF
31 IMPLEMENTING THE OBJECTIVE OF THIS ARTICLE, INCLUDING BUT NOT LIMITED TO
32 PROGRAM DESCRIPTIONS, INCENTIVE DESCRIPTIONS, APPROPRIATION DATA, AND
33 APPLICATION PROCEDURES.
34 4. TO PROPOSE TO THE GOVERNOR, THE COMMISSIONER OF ENVIRONMENTAL
35 CONSERVATION, THE COMMISSIONER, THE LEGISLATURE, AND THE DIRECTOR OF THE
36 BUDGET THE MEASURES THAT MUST BE TAKEN BY EXECUTIVE ORDER, LEGISLATION,
37 OR OTHERWISE TO ENSURE THAT THE INCENTIVES WHICH ARE AVAILABLE TO ASSIST
38 THE VARIOUS BROWNFIELD PROGRAMS OF THE STATE ARE, TO THE MAXIMUM EXTENT
39 PERMITTED BY LAW, DIRECTED FOR THAT PURPOSE.
40 5. TO ASSIST, UPON REQUEST, APPLICANTS UNDER STATE BROWNFIELDS
41 PROGRAMS IN OBTAINING TIMELY AND EFFICIENT RESPONSES FROM STATE AGEN-
42 CIES, TO ASSIST SUCH APPLICANTS IN CONSIDERATION OF ALTERNATIVE PROGRAM
43 GRANT STRATEGIES, AND TO ASSIST STATE AND FEDERAL AGENCIES IN COOPER-
44 ATIVE APPROACHES TO ADDRESS THE NEEDS OF SUCH APPLICANTS.
45 6. TO REVIEW APPLICATION PROCEDURES FORMULATED BY STATE AGENCIES AND
46 TO RECOMMEND IMPROVEMENTS DESIGNED TO INCREASE THE EFFICIENCY OF THESE
47 PROCEDURES AND ENHANCE THE PROBABILITY FOR THE SUCCESS OF APPLICATIONS
48 MADE PURSUANT TO SUCH PROCEDURES.
49 7. TO REVIEW THE VARIOUS ECONOMIC DEVELOPMENT INCENTIVE PROGRAMS
50 AVAILABLE FOR BROWNFIELD SITES AND MAKE RECOMMENDATION FOR THE IMPROVE-
51 MENT OF SUCH PROGRAMS.
52 8. TO ADOPT SUCH RULES AND REGULATIONS, PROCEDURES, INSTRUCTIONS, AND
53 FORMS AS ARE REQUIRED TO CARRY OUT THE FUNCTIONS, POWERS, AND DUTIES
54 IMPOSED UPON THE OFFICE BY THIS ARTICLE.
55 9. TO IDENTIFY EACH STATE AGENCY WITH SIGNIFICANT BROWNFIELDS REDEVEL-
56 OPMENT PROGRAM RESPONSIBILITY AND ECONOMIC DEVELOPMENT INCENTIVE PROGRAM
A. 7512 5
1 RESPONSIBILITY, TO IDENTIFY THE INDIVIDUAL WITHIN EACH SUCH AGENCY WHO
2 HAS PRIMARY RESPONSIBILITY FOR COORDINATION OF THE MANAGEMENT OF SUCH
3 AGENCY`S PROGRAMS, AND TO IDENTIFY THE INDIVIDUAL WITHIN EACH SUCH AGEN-
4 CY WHO HAS PRIMARY RESPONSIBILITY FOR THE COORDINATION OF SUCH AGENCY`S
5 PROGRAM WITH THE PROGRAMS OF OTHER AGENCIES.
6 10. TO ASSIST APPLICANTS IN DETERMINING IF A BROWNFIELD SITE IS ALSO
7 LOCATED IN AN EMPIRE ZONE PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL
8 MUNICIPAL LAW OR A LAND RE-USE OPPORTUNITY AREA PURSUANT TO ARTICLE
9 EIGHTEEN-D OF THE GENERAL MUNICIPAL LAW AND IF SO, TO ANALYZE THE BENE-
10 FITS AVAILABLE IN EMPIRE ZONE AND OTHER APPLICABLE PROGRAMS.
11 11. TO REVIEW THE BENEFITS AVAILABLE IN THE EMPIRE ZONE PROGRAM ESTAB-
12 LISHED PURSUANT TO ARTICLE EIGHTEEN-B OF THE GENERAL MUNICIPAL LAW AND
13 THE LAND RE-USE OPPORTUNITY PROGRAM ESTABLISHED PURSUANT TO ARTICLE
14 EIGHTEEN-D OF THE GENERAL MUNICIPAL LAW AND DETERMINE IF NEW INCENTIVES
15 SHOULD BE ADDED SPECIFICALLY FOR BROWNFIELD SITES IN EMPIRE ZONES AND
16 LAND RE-USE AREAS.
17 12. TO ASSIST THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION UNDER ARTI-
18 CLE EIGHTEEN-D OF THE GENERAL MUNICIPAL LAW AND SECTION SIXTEEN-N OF THE
19 NEW YORK STATE URBAN DEVELOPMENT CORPORATION ACT, DEVELOP CRITERIA FOR
20 LAND RE-USE OPPORTUNITY AREA DESIGNATION AND SELECTION, DEFINE COMPET-
21 ITIVE PROGRAM CRITERIA, AND SET GUIDELINES FOR GRANT AND LOAN DISTRIB-
22 UTION.
23 S 353. ASSISTANCE OF OTHER STATE AGENCIES. TO EFFECTUATE THE PURPOSES
24 OF THIS ARTICLE, THE COORDINATOR MAY REQUEST AND SHALL BE ENTITLED TO
25 RECEIVE FROM ANY STATE AGENCY, AND THE SAME ARE AUTHORIZED TO PROVIDE,
26 SUCH ASSISTANCE, SERVICES, FACILITIES, AND DATA AS WILL ENABLE THE
27 OFFICE TO CARRY OUT ITS FUNCTIONS, POWERS, AND DUTIES, AND SUCH TEMPO-
28 RARILY OR PERMANENTLY ASSIGNED PERSONNEL AS THE DIRECTOR OF THE BUDGET
29 MAY APPROVE.
30 S 354. COMPREHENSIVE ECONOMIC DEVELOPMENT ASSISTANCE GRANT AND LOAN
31 INFORMATION. 1. THE OFFICE SHALL COMPILE SUCH SPECIFIC INFORMATION AS
32 THE COORDINATOR DETERMINES TO BE NECESSARY CONCERNING ASSISTANCE, GRANT,
33 AND LOAN PROGRAMS ADMINISTERED BY FEDERAL, STATE, AND LOCAL AGENCIES
34 DESIGNED TO ENHANCE THE REVITALIZATION OF BROWNFIELD SITES. SUCH INFOR-
35 MATION SHALL BE PROVIDED, UPON REQUEST, TO APPLICANTS FOR THE PURPOSE OF
36 MAXIMIZING THE COORDINATION OF PROGRAMS AND THE AWARD OF GRANTS AND
37 LOANS TO APPLICANTS THEREFOR.
38 2. ANY APPLICANT FOR PROGRAM GRANTS OR LOANS FOR BROWNFIELDS REDEVEL-
39 OPMENT MAY CONFER WITH THE OFFICE TO OBTAIN ASSISTANCE IN THE PROMPT AND
40 EFFICIENT PROCESSING AND REVIEW OF APPLICATIONS THEREFOR.
41 3. THE OFFICE SHALL, SO FAR AS PRACTICABLE, RENDER SUCH ASSISTANCE;
42 AND THE COORDINATOR MAY DESIGNATE AN EMPLOYEE OF THE OFFICE TO ACT AS AN
43 EXPEDITER FOR THE PURPOSES OF:
44 (A) FACILITATING CONTACTS FOR THE APPLICANT WITH STATE, FEDERAL, OR
45 LOCAL AGENCIES RESPONSIBLE FOR PROCESSING AND REVIEWING GRANT, LOAN, OR
46 OTHER APPLICATIONS;
47 (B) ARRANGING CONFERENCES TO CLARIFY THE INTEREST AND REQUIREMENTS OF
48 ANY SUCH AGENCY WITH RESPECT TO SUCH APPLICATIONS;
49 (C) CONSIDERING WITH THE AGENCIES THE FEASIBILITY OF CONSOLIDATING
50 HEARINGS AND DATA REQUIRED OF THE APPLICANT;
51 (D) ASSISTING THE APPLICANT IN THE RESOLUTION OF OUTSTANDING ISSUES
52 IDENTIFIED BY THE AGENCIES, INCLUDING DELAYS EXPERIENCED IN APPLICATION
53 REVIEW; AND
54 (E) COORDINATING FEDERAL, STATE, AND LOCAL APPLICATION REVIEW ACTIONS
55 AND ASSISTANCE PROGRAMS TO THE EXTENT PRACTICABLE.
A. 7512 6
1 S 355. IMPLEMENTATION OF SERVICES. 1. SERVICES RENDERED BY THE OFFICE
2 SHALL BE MADE AVAILABLE WITHOUT CHARGE; PROVIDED THAT NOTHING CONTAINED
3 IN THIS ARTICLE SHALL BE CONSTRUED TO RELIEVE AN APPLICANT OF ANY PART
4 OF THE FEES OR CHARGES ESTABLISHED FOR THE REVIEW AND APPROVAL OF APPLI-
5 CATIONS BY THE AGENCIES.
6 2. EACH STATE AGENCY INVOLVED IN THE ADMINISTRATION OF A PROGRAM FOR
7 OR RELATED TO BROWNFIELD REDEVELOPMENT OR ECONOMIC DEVELOPMENT INCEN-
8 TIVES SHALL DESIGNATE AN EMPLOYEE TO ACT AS PROGRAM LIAISON OFFICER TO
9 COOPERATE WITH AND ASSIST THE OFFICE IN CARRYING OUT THE PROVISIONS OF
10 THIS ARTICLE.
11 S 356. TEMPORARY ASSIGNMENT OR PERMANENT TRANSFER OF PERSONNEL. THE
12 COORDINATOR, IN CONSULTATION WITH THE HEAD OF THE STATE AGENCY CONCERNED
13 AND WITH THE APPROVAL OF THE DIRECTOR OF THE BUDGET, MAY PROVIDE FOR THE
14 TEMPORARY OR PERMANENT ASSIGNMENT OR TRANSFER OF EMPLOYEES OF STATE
15 AGENCIES TO THE OFFICE. EMPLOYEES PERMANENTLY TRANSFERRED SHALL BE
16 TRANSFERRED WITHOUT FURTHER EXAMINATION OR QUALIFICATION AND SHALL
17 RETAIN THEIR RESPECTIVE CIVIL SERVICE CLASSIFICATION AND STATUS. ANY
18 EMPLOYEE WHO, AT THE TIME OF SUCH TRANSFER, HAS A TEMPORARY OR PROVI-
19 SIONAL APPOINTMENT SHALL BE TRANSFERRED SUBJECT TO THE SAME RIGHT OF
20 REMOVAL, EXAMINATION, OR TERMINATION AS THOUGH SUCH TRANSFER HAD NOT
21 BEEN MADE. NO EXISTING RIGHT OR BENEFIT, INCLUDING RETIREMENT BENEFITS
22 OR REMEDY OF ANY CHARACTER, SHALL BE LOST, IMPAIRED, OR AFFECTED BY
23 REASON OF THE APPLICATION OR IMPLEMENTATION OF ANY PROVISION OF THIS
24 ARTICLE. THE DIRECTOR OF THE BUDGET IS RESPONSIBLE FOR GIVING TIMELY
25 NOTIFICATION OF ALL SUCH ASSIGNMENTS AND TRANSFERS TO THE CHAIRPERSON OF
26 THE SENATE FINANCE COMMITTEE AND THE CHAIRPERSON OF THE ASSEMBLY WAYS
27 AND MEANS COMMITTEE. TRANSFERS OF EMPLOYEES PURSUANT TO THIS ARTICLE
28 SHALL BE GOVERNED SOLELY AND EXCLUSIVELY BY THE PROVISIONS OF THIS ARTI-
29 CLE NOTWITHSTANDING OTHER PROVISIONS OF LAW.
30 S 357. REPORTS TO THE GOVERNOR AND THE LEGISLATURE. THE OFFICE SHALL
31 MAKE AN ANNUAL REPORT, TO BE RECEIVED ON OR BEFORE JANUARY FIRST, TO THE
32 GOVERNOR AND THE LEGISLATURE CONCERNING THE ASSISTANCE ACTIVITIES UNDER-
33 TAKEN BY THE OFFICE, RECOMMENDATIONS FOR LEGISLATIVE PROPOSALS, DATA
34 CONCERNING BROWNFIELDS REDEVELOPMENT PROGRAM ACTIVITIES, STATISTICAL
35 INFORMATION ON THE NUMBER OF BROWNFIELD PROJECTS FACILITATED WITH THE
36 ASSISTANCE OF THE OFFICE, AND SUCH OTHER PERTINENT INFORMATION AS MAY BE
37 REQUIRED BY THE COMMISSIONER.
38 S 358. SEPARABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION, OR
39 PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
40 DICTION TO BE INVALID, SUCH JUDGMENT SHALL NOT AFFECT, IMPAIR, OR INVAL-
41 IDATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
42 THE CLAUSE, SENTENCE, PARAGRAPH, SECTION, OR PART THEREOF DIRECTLY
43 INVOLVED IN THE CONTROVERSY IN WHICH SUCH JUDGMENT SHALL HAVE BEEN
44 RENDERED.
45 S 3. The general municipal law is amended by adding a new article 18-D
46 to read as follows:
47 ARTICLE 18-D
48 NEW YORK STATE LAND RE-USE OPPORTUNITY AREAS ACT
49 SECTION 973-A. SHORT TITLE.
50 973-B. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION.
51 973-C. DEFINITIONS.
52 973-D. CRITERIA FOR LAND RE-USE OPPORTUNITY AREA DESIGNATION.
53 973-E. STATE ASSISTANCE FOR LAND RE-USE OPPORTUNITY AREA
54 PREPLANNING.
55 973-F. DESIGNATION OF LAND RE-USE OPPORTUNITY AREAS AND STATE
56 PLANNING ASSISTANCE GRANTS.
A. 7512 7
1 973-G. LAND RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN.
2 973-H. RESPONSIBILITIES OF THE COMMISSIONER.
3 973-I. TAX INCREMENT FUNDS.
4 S 973-A. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
5 THE "NEW YORK STATE LAND RE-USE OPPORTUNITY ACT".
6 S 973-B. STATEMENT OF LEGISLATIVE FINDINGS AND DECLARATION. IT IS
7 HEREBY FOUND AND DECLARED THAT THERE EXIST WITHIN THE STATE CERTAIN
8 AREAS OR STRUCTURES KNOWN AS BROWNFIELD SITES, WHICH ARE OFTEN CLUSTERED
9 TOGETHER IN FORMER INDUSTRIAL AREAS THAT SEVERELY COMPROMISE THE ECONOM-
10 IC FUTURE, SOCIAL REVITALIZATION POTENTIAL, AND PUBLIC HEALTH CHARACTER-
11 ISTICS OF THE COMMUNITIES IN WHICH THEY ARE LOCATED, WHICH ARE ADVERSELY
12 IMPACTED BY THE RESULTING REDUCED ECONOMIC ACTIVITY. IN THESE BROWN-
13 FIELDS AREAS, CONTAMINATION MAY EXIST OVER AN EXTENSIVE AREA AND, IF
14 LEFT UNADDRESSED, SUCH ENVIRONMENTAL CONDITIONS ARE LIKELY TO CONTINUE
15 TO BE A SERIOUS RESTRAINT ON PRIVATE INVESTMENT, PRIVATE BUSINESS DEVEL-
16 OPMENT, JOB CREATION, COMMUNITY DEVELOPMENT, AND THE QUALITY OF LIFE FOR
17 THE AREA`S RESIDENTS AND WORKERS. ONCE THE ENVIRONMENTAL CONDITIONS ARE
18 ADDRESSED, DUE TO THEIR ADVANTAGEOUS LOCATIONS AND EXISTING INFRASTRUC-
19 TURE, THESE AREAS OFFER SIGNIFICANT ECONOMIC DEVELOPMENT OPPORTUNITIES,
20 AND THESE AREAS CAN BE DESCRIBED ACCURATELY AS LAND RE-USE OPPORTUNITY
21 AREAS. IN ORDER TO FACILITATE THE DEVELOPMENT OF PARTNERSHIPS BETWEEN
22 LOCAL GOVERNMENTS, PRIVATE SECTOR EMPLOYERS, BUSINESSES AND EMPLOYEES,
23 AREA RESIDENTS, COMMUNITY BASED ORGANIZATIONS, AND FINANCIAL ORGANIZA-
24 TION, PRE-PLANNING AND PLANNING GRANTS SHALL BE ISSUED BY THE COMMIS-
25 SIONER BASED ON ELIGIBILITY REQUIREMENTS, PRIORITIZATION CRITERIA, AND
26 APPROPRIATIONS.
27 S 973-C. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING WORDS AND
28 TERMS HAVE THE FOLLOWING MEANINGS, UNLESS THE CONTEXT INDICATES ANOTHER
29 OR DIFFERENT MEANING OR INTENT:
30 1. "APPLICANT" MEANS THE MUNICIPAL GOVERNMENT OR A COMMUNITY BASED
31 ORGANIZATION SUBMITTING AN APPLICATION IN THE MANNER AUTHORIZED BY THIS
32 ARTICLE.
33 2. "COMMISSIONER" MEANS THE COMMISSIONER OF ECONOMIC DEVELOPMENT.
34 3. "COMMUNITY BASED ORGANIZATION" MEANS A CORPORATION ORGANIZED UNDER
35 THE NOT-FOR-PROFIT CORPORATION LAW TO PROMOTE DEVELOPMENT FOR PUBLIC OR
36 PRIVATE USES WITHIN A SPECIFIED GEOGRAPHIC AREA AND WHOSE BOARD OF
37 DIRECTORS INCLUDES, BUT IS NOT LIMITED TO, RESIDENTS OF THE COMMUNITY OR
38 COMMUNITIES IN SUCH AREA.
39 4. "DEPARTMENT" MEANS THE DEPARTMENT OF ECONOMIC DEVELOPMENT.
40 5. "LAND RE-USE OPPORTUNITY AREA" OR "LRO AREA" MEANS AN AREA WITHIN
41 THE STATE THAT HAS BEEN DESIGNATED AS A LAND REUSE OPPORTUNITY AREA
42 PURSUANT TO THIS ARTICLE.
43 6. "BROWNFIELDS SITE" MEANS AN AREA OR STRUCTURE WHERE HAZARDOUS
44 WASTE, PETROLEUM, OR BOTH HAS BEEN DEPOSITED, DISPOSED OF, PLACED, OR
45 OTHERWISE COME TO BE LOCATED, AS DEFINED BY TITLE FOURTEEN OF ARTICLE
46 TWENTY-SEVEN OF THE ENVIRONMENTAL CONSERVATION LAW, OR A SITE OR GROUP
47 OF SITES SUSPECTED OF BEING CONTAMINATED BASED ON HISTORICAL USE OF THE
48 SITE OR AREA.
49 S 973-D. CRITERIA FOR LAND RE-USE OPPORTUNITY AREA DESIGNATION. IN
50 ORDER TO BE ELIGIBLE FOR DESIGNATION AS A LAND RE-USE OPPORTUNITY AREA,
51 AN AREA MUST BE CHARACTERIZED BY A CONCENTRATION WITHIN A DEFINED
52 GEOGRAPHIC AREA OF BROWNFIELD SITES. THE AREA PROPOSED AS A LAND RE-USE
53 OPPORTUNITY AREA SHALL BE DEFINED BY ONE OR MORE BORDERS, WHICH BORDERS
54 SHALL BE DETERMINED BY THE APPLICANT AND NEED NOT BE ENTIRELY COTERMI-
55 NOUS WITH THE BORDERS OF CENSUS TRACTS OR BLOCK NUMBERING AREAS. REAL
56 ESTATE NEARBY OR CONTIGUOUS TO BROWNFIELD SITES MAY BE ELIGIBLE TO BE
A. 7512 8
1 INCLUDED WITHIN A LAND RE-USE OPPORTUNITY AREA IF, UPON THE REQUEST OF
2 THE APPLICANT, THE COMMISSIONER FINDS, IN ACCORDANCE WITH REGULATIONS
3 PROMULGATED PURSUANT TO THIS ARTICLE, THAT SUCH ADDITIONAL REAL ESTATE
4 HAS ONE OR MORE OF THE FOLLOWING:
5 1. HEALTH ISSUES POTENTIALLY ASSOCIATED WITH THE PROXIMITY TO BROWN-
6 FIELD SITES;
7 2. INDICATORS OF ECONOMIC DISTRESS SUCH AS LOW RESIDENT INCOMES, HIGH
8 UNEMPLOYMENT, HIGH COMMERCIAL VACANCY RATES, AND DEPRESSED PROPERTY
9 VALUES ASSOCIATED WITH PROXIMITY TO THE CONCENTRATION OF BROWNFIELD
10 SITES;
11 3. SIGNIFICANT POTENTIAL FOR REDEVELOPMENT, INCLUDING BUT NOT LIMITED
12 TO BUSINESS DEVELOPMENT AND JOB CREATION WHICH WILL ENHANCE THE ECONOMIC
13 REVITALIZATION OF THE PROPOSED AREA AND BENEFIT AREA RESIDENTS; OR THE
14 4. INCLUSION OF THE PROPERTY WOULD PROMOTE THE PHYSICAL, ECONOMIC OR
15 SOCIAL REVITALIZATION OF THE AREA.
16 S 973-E. STATE ASSISTANCE FOR LAND RE-USE OPPORTUNITY AREA PREPLAN-
17 NING. 1. (A) PURPOSE AND INTENT. THE LEGISLATURE HEREBY ACKNOWLEDGES
18 THAT THE OBSTACLES TO NEIGHBORHOOD REVITALIZATION THAT FLOW FROM THE
19 EXISTENCE OF BROWNFIELD SITES ARE FREQUENTLY INTRACTABLE USING EXISTING
20 REDEVELOPMENT TECHNIQUES. THESE OBSTACLES MEAN THAT SPECIAL PROCEDURES
21 AND ASSISTANCE ARE NEEDED TO CATALYZE THE REDEVELOPMENT PROCESS. THE
22 FIRST STEP NEEDED TO ACCELERATE THE BROWNFIELD RE-USE AND REDEVELOPMENT
23 PROCESS IS RESEARCH AND PRE-PLANNING. THE PURPOSE OF THE ASSISTANCE
24 DESCRIBED IN THIS SECTION IS TO PROVIDE THE NECESSARY RESOURCES TO LOCAL
25 GOVERNMENT AND LOCAL GROUPS TO START THE BROWNFIELDS RECLAMATION PROCESS
26 THROUGH THE GATHERING OF DATA TO PREPARE AN APPLICATION BY A MUNICI-
27 PALITY OR A JOINT APPLICATION BY THE MUNICIPALITY AND A COMMUNITY BASED
28 ORGANIZATION FOR DESIGNATION OF A LAND RE-USE OPPORTUNITY AREA AND FOR
29 STATE PLANNING ASSISTANCE GRANTS WITH RESPECT TO SUCH AREA.
30 (B) PRE-PLANNING FINANCIAL ASSISTANCE. WITHIN THE LIMITS OF APPROPRI-
31 ATIONS THEREFOR, THE COMMISSIONER IS AUTHORIZED TO PROVIDE, ON A COMPET-
32 ITIVE BASIS, FINANCIAL ASSISTANCE TO MUNICIPALITIES, TO COMMUNITY BASED
33 ORGANIZATIONS, OR TO MUNICIPALITIES AND COMMUNITY BASED ORGANIZATIONS
34 ACTING IN COOPERATION FOR PRE-PLANNING STUDIES TO DEVELOP INFORMATION
35 NECESSARY TO SUPPORT AN APPLICATION FOR THE DESIGNATION OF A LAND RE-USE
36 OPPORTUNITY AREA. SUCH FINANCIAL ASSISTANCE SHALL NOT EXCEED TWENTY-FIVE
37 THOUSAND DOLLARS FOR ANY SUCH AREA IN ANY CALENDAR YEAR.
38 (C) PRE-PLANNING ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, THE
39 ASSEMBLY AND DEVELOPMENT OF BASIC INFORMATION ABOUT:
40 (1) THE BOUNDARIES OF THE PROPOSED AREA;
41 (2) THE NUMBER AND SIZE OF BROWNFIELD SITES;
42 (3) CURRENT AND ANTICIPATED USES OF THE PROPERTIES IN THE PROPOSED
43 AREA;
44 (4) CURRENT AND ANTICIPATED FUTURE CONDITIONS OF GROUNDWATER IN THE
45 PROPOSED AREA;
46 (5) ASSESSMENTS OF INDIVIDUAL BROWNFIELD SITES, INCLUDING, WHERE THE
47 CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE CONDUCT OF ON-SITE
48 ASSESSMENTS;
49 (6) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS OF OTHER PROPERTIES
50 IN THE PROPOSED AREA AND THE OWNERSHIP OF THE SITES IN THE PROPOSED
51 AREA; AND
52 (7) PRELIMINARY DESCRIPTIONS OF POSSIBLE REMEDIATION STRATEGIES,
53 RE-USE OPPORTUNITIES, NECESSARY INFRASTRUCTURE IMPROVEMENTS, AND OTHER
54 PUBLIC OR PRIVATE MEASURES NEEDED TO STIMULATE INVESTMENT, PROMOTE REVI-
55 TALIZATION, AND ENHANCE COMMUNITY HEALTH AND ENVIRONMENTAL CONDITIONS.
A. 7512 9
1 2. (A) FUNDING PREFERENCES SHALL BE GIVEN TO PROPOSALS FOR AREAS
2 HAVING ONE OR MORE OF THE FOLLOWING CHARACTERISTICS:
3 (1) AREAS FOR WHICH THE APPLICATION IS A COOPERATIVE APPLICATION BY A
4 MUNICIPALITY AND A COMMUNITY BASED ORGANIZATION;
5 (2) AREAS WITH CONCENTRATIONS OF BROWNFIELD SITES;
6 (3) AREAS IN COMMUNITIES WITH HEALTH ISSUES POTENTIALLY LINKED TO THE
7 PROXIMITY OF BROWNFIELD SITES;
8 (4) AREAS SHOWING INDICATORS OF ECONOMIC DISTRESS, INCLUDING LOW RESI-
9 DENT INCOMES, HIGH UNEMPLOYMENT, HIGH COMMERCIAL VACANCY RATES, AND
10 DEPRESSED PROPERTY VALUES; AND
11 (5) BROWNFIELD SITES PRESENTING STRATEGIC OPPORTUNITIES FOR CATALYZING
12 ECONOMIC DEVELOPMENT, COMMUNITY REVITALIZATION OR THE SITING OF PUBLIC
13 AMENITIES.
14 (B) FUNDING PREFERENCES MAY ALSO BE EXERCISED TO STRUCTURE THE
15 GEOGRAPHIC DISTRIBUTION OF GRANTEES TO ENSURE THAT AREAS MOST SEVERELY
16 AFFECTED BY BROWNFIELD SITES RECEIVE PRIORITY.
17 (C) IF AN APPLICATION FOR PRE-PLANNING ASSISTANCE IS NOT GRANTED, THE
18 COMMISSIONER SHALL, IF SO REQUESTED BY THE APPLICANT, PROVIDE A
19 DESCRIPTION OF THE REASONS FOR THIS RESPONSE TO THE APPLICATION, AND THE
20 APPLICANT SHALL NOT BE PRECLUDED FROM RESUBMITTING THE APPLICATION OR AN
21 AMENDED VERSION THEREOF IN THE FUTURE.
22 3. WHERE A COMMUNITY BASED ORGANIZATION SUBMITS AN APPLICATION FOR A
23 PRE-PLANNING GRANT NOT IN COOPERATION WITH THE LOCAL GOVERNMENT HAVING
24 JURISDICTION OVER THE PROPOSED LAND RE-USE OPPORTUNITY AREA, SUCH APPLI-
25 CATION SHALL BE ACCOMPANIED BY DOCUMENTATION OF THE MUNICIPALITY`S POSI-
26 TION ON THE APPLICATION.
27 (A) SUCH DOCUMENTATION SHALL BE EVIDENCED ON A FORM PRESCRIBED FOR
28 SUCH PURPOSE BY THE COMMISSIONER ON WHICH THE MUNICIPAL GOVERNMENT INDI-
29 CATES WHETHER OR NOT IT HAS AN OBJECTION TO THE APPLICATION BASED ON THE
30 CRITERIA SET FORTH IN THIS SECTION FOR THE REVIEW OF SUCH APPLICATIONS,
31 AND ON WHICH THE MUNICIPAL GOVERNMENT MAY STATE THE NATURE OF THESE
32 OBJECTIONS.
33 (B) WITHIN SUCH PERIOD AS SHALL BE SPECIFIED BY THE COMMISSIONER, THE
34 MUNICIPAL GOVERNMENT SHALL COMPLETE AND RETURN SUCH FORM TO THE COMMUNI-
35 TY BASED ORGANIZATION WHICH INTENDS TO SUBMIT THE APPLICATION FOR
36 PRE-PLANNING ASSISTANCE.
37 (C) IF A REQUEST BY A COMMUNITY BASED ORGANIZATION FOR THE COMPLETION
38 OF THE FORM PRESCRIBED IN THIS SUBDIVISION HAS BEEN MADE, BUT NO
39 RESPONSE FROM THE MUNICIPAL GOVERNMENT IS RECEIVED WITHIN THE TIME PERI-
40 OD FOR RESPONSE SPECIFIED BY THE COMMISSIONER, THE COMMUNITY BASED
41 ORGANIZATION MAY SUBMIT ITS APPLICATION WITHOUT THE DOCUMENTATION OF
42 MUNICIPAL SUPPORT. IN SUCH EVENT, THE DEPARTMENT, UPON RECEIPT OF THE
43 APPLICATION, SHALL MAKE A DIRECT REQUEST TO THE MUNICIPAL GOVERNMENT
44 THAT THE PRESCRIBED FORM BE COMPLETED.
45 (D) IF AN APPLICATION FOR PLANNING ASSISTANCE FROM A COMMUNITY BASED
46 ORGANIZATION IS GRANTED, AN AMOUNT EQUAL TO OR GREATER THAN TEN PERCENT
47 OF THE GRANT AMOUNT SHALL BE PROVIDED BY THE DEPARTMENT DIRECTLY TO THE
48 MUNICIPAL GOVERNMENT IN WHICH THE PROPOSED AREA IS LOCATED TO SUPPORT
49 THE MUNICIPAL GOVERNMENT`S COSTS RELATED TO THE PRE-PLANNING PROCESS.
50 4. EACH APPLICATION FOR PRE-PLANNING ASSISTANCE SHALL INCLUDE, AT A
51 MINIMUM, THE FOLLOWING:
52 (A) A STATEMENT OF THE RATIONALE OR RELATIONSHIP BETWEEN THE PROPOSED
53 PRE-PLANNING FUNDING AND THE CRITERIA SET FORTH IN THIS SECTION FOR THE
54 EVALUATION AND RANKING OF PRE-PLANNING GRANT APPLICATIONS;
55 (B) THE PROCESSES BY WHICH LOCAL PARTICIPATION IN THE DEVELOPMENT OF
56 THE APPLICATION HAS BEEN SOUGHT;
A. 7512 10
1 (C) THE PRE-PLANNING PROCESS TO BE CARRIED OUT WITH THE STATE ASSIST-
2 ANCE, INCLUDING, BUT NOT LIMITED TO, THE GOALS OF AND BUDGET FOR THE
3 PRE-PLANNING EFFORT, THE WORK PLAN AND TIMELINE FOR THE ATTAINMENT OF
4 THESE GOALS, AND THE INTENDED PROCESS FOR PUBLIC PARTICIPATION IN THE
5 PRE-PLANNING PROCESS;
6 (D) THE CONSISTENCY OF THE PRE-PLANNING PROCESS WITH LOCAL, STATE, AND
7 FEDERAL LAWS, REGULATIONS, POLICIES, AND PROGRAMS;
8 (E) THE MANNER AND EXTENT TO WHICH PUBLIC OR GOVERNMENTAL AGENCIES
9 WITH JURISDICTION OVER ISSUES THAT WILL BE ADDRESSED IN THE DATA GATHER-
10 ING PROCESS WILL BE INVOLVED IN THIS PROCESS;
11 (F) OTHER PLANNING AND DEVELOPMENT INITIATIVES PROPOSED OR IN PROGRESS
12 IN THE AREA THAT IS THE SUBJECT OF THE APPLICATION;
13 (G) THERE SHALL BE NO REQUIREMENT THAT A PROPOSAL FOR PRE-PLANNING
14 GRANT BE ACCOMPANIED BY THE APPROVAL OF INDIVIDUAL PROPERTY OWNERS FOR
15 SUCH APPLICATION; AND
16 (H) FOR EACH COMMUNITY BASED ORGANIZATION WHICH IS AN APPLICANT OR A
17 CO-APPLICANT, A DESCRIPTION OF THE RELATIONSHIP BETWEEN THE COMMUNITY
18 BASED ORGANIZATION AND THE AREA THAT IS THE SUBJECT OF THE APPLICATION,
19 ITS FINANCIAL AND INSTITUTIONAL ACCOUNTABILITY, AND ITS EXPERIENCE IN
20 CONDUCTING AND COMPLETING PLANNING INITIATIVES AND IN WORKING WITH THE
21 LOCAL GOVERNMENT ASSOCIATED WITH THE PROPOSED AREA.
22 5. FOLLOWING NOTIFICATION THAT A PRE-PLANNING GRANT HAS BEEN AWARDED
23 AND PRIOR TO DISBURSEMENT OF GRANT FUNDS, A CONTRACT SHALL BE EXECUTED
24 BETWEEN THE DEPARTMENT AND THE APPLICANT. THE COMMISSIONER SHALL ESTAB-
25 LISH SUCH STANDARD PROVISIONS FOR SUCH CONTRACTS AS MAY BE NECESSARY TO
26 DEFINE: APPLICANT`S WORK SCOPE, WORK SCHEDULE, AND DELIVERABLES; REPORT-
27 ING REQUIREMENTS, INCLUDING BUT NOT LIMITED TO SUBMISSION OF QUARTERLY
28 FISCAL REPORTS ON BUDGETED AND ACTUAL USE OF FUNDS EXPENDED; AND
29 REQUIREMENTS FOR SUBMISSION OF A FINAL FISCAL REPORT. THE CONTRACT
30 SHALL ALSO REQUIRE THE DISTRIBUTION OF PRE-PLANNING STUDY WORK PRODUCTS
31 TO THE DEPARTMENT AND, FOR COMMUNITY-BASED ORGANIZATIONS, TO ALL MUNICI-
32 PALITIES IN WHICH THE PROPOSED LAND RE-USE OPPORTUNITY IS LOCATED.
33 MUNICIPAL APPLICANTS SHALL BE REQUIRED TO MAKE THE RESULTS OF PRE-PLAN-
34 NING STUDIES PUBLICLY AVAILABLE.
35 S 973-F. DESIGNATION OF LAND RE-USE OPPORTUNITY AREAS AND STATE PLAN-
36 NING ASSISTANCE GRANTS. 1. APPLICATION PROCESS. (A) THE COMMISSIONER IS
37 AUTHORIZED TO AND SHALL, IN ACCORDANCE WITH THIS ARTICLE, CONSIDER
38 PROPOSALS SUBMITTED BY MUNICIPAL GOVERNMENTS OR BY MUNICIPAL GOVERNMENTS
39 AND COMMUNITY BASED ORGANIZATIONS ACTING IN COOPERATION FOR THE DESIG-
40 NATION OF LAND RE-USE OPPORTUNITY AREAS. WITHIN THE LIMITS OF APPROPRI-
41 ATIONS THEREFOR, THE COMMISSIONER IS AUTHORIZED TO AND SHALL PROVIDE, ON
42 A COMPETITIVE BASIS, FINANCIAL ASSISTANCE FOR AREA PLANNING TO EACH
43 APPLICANT WHOSE APPLICATION FOR LAND RE-USE OPPORTUNITY AREA DESIGNATION
44 IS GRANTED.
45 (B) AN APPLICATION FOR DESIGNATION OF A LAND RE-USE OPPORTUNITY AREA
46 SHALL INCLUDE AN INDICATION OF SUPPORT FROM TWO OR MORE OWNERS OF BROWN-
47 FIELD SITES IN THE PROPOSED LAND RE-USE OPPORTUNITY AREA, AND AT LEAST
48 TWO OF SUCH OWNERS SHALL BE OWNERS OF DIFFERENT BROWNFIELD SITES. ALL
49 RESIDENTS AND PROPERTY OWNERS IN AN AREA PROPOSED FOR DESIGNATION AS A
50 LAND RE-USE OPPORTUNITY AREA SHALL RECEIVE NOTICE OF THE PROPOSED DESIG-
51 NATION IN SUCH FORM AND MANNER AS THE COMMISSIONER SHALL PRESCRIBE.
52 (C) NO APPLICATION FOR DESIGNATION OF AN AREA AS A LAND RE-USE OPPOR-
53 TUNITY AREA PURSUANT TO THIS ARTICLE SHALL BE CONSIDERED UNLESS THE
54 APPLICANT DEMONSTRATES THAT IT HAS, TO THE MAXIMUM EXTENT FEASIBLE,
55 SOLICITED AND CONSIDERED THE VIEWS OF OWNERS OF THE SITES IN THE AREA,
56 THE RESIDENTS OF THE PROPOSED AREA, THE VIEWS OF STATE AND LOCAL OFFI-
A. 7512 11
1 CIALS ELECTED TO REPRESENT SUCH RESIDENTS, AND THE LOCAL PRIVATE ORGAN-
2 IZATIONS REPRESENTING SUCH RESIDENTS.
3 2. APPLICATION CONTENTS. EACH APPLICATION FOR DESIGNATION OF A LAND
4 RE-USE OPPORTUNITY AREA SHALL, TO THE EXTENT SUCH INFORMATION IS AVAIL-
5 ABLE AT THE TIME SUCH APPLICATION IS MADE, INCLUDE:
6 (A) THE PROPOSED BORDERS OF THE LAND RE-USE OPPORTUNITY AREA;
7 (B) THE LOCATION OF EACH KNOWN OR SUSPECTED BROWNFIELD SITE IN THE
8 PROPOSED LAND RE-USE OPPORTUNITY AREA;
9 (C) THE IDENTIFICATION OF STRATEGIC SITES WITHIN THE PROPOSED LAND
10 RE-USE OPPORTUNITY AREA;
11 (D) THE TYPE OF POTENTIAL DEVELOPMENTS ANTICIPATED FOR SITES WITHIN
12 THE LAND RE-USE OPPORTUNITY AREA PROPOSED BY EITHER THE CURRENT OR THE
13 PROSPECTIVE OWNERS OF SUCH SITES;
14 (E) LOCAL LEGISLATIVE OR REGULATORY ACTION WHICH MAY BE REQUIRED TO
15 IMPLEMENT A PLAN FOR THE PROPOSED LAND RE-USE OPPORTUNITY AREA;
16 (F) PRIORITIES FOR PUBLIC AND PRIVATE INVESTMENT IN INFRASTRUCTURE,
17 OPEN SPACE, ECONOMIC DEVELOPMENT, HOUSING, OR COMMUNITY FACILITIES IN
18 THE PROPOSED LAND RE-USE OPPORTUNITY AREA;
19 (G) MAPPING OF CURRENT AND ANTICIPATED USES OF THE PROPERTIES AND
20 GROUNDWATER IN THE AREA;
21 (H) DETAILED ASSESSMENTS OF INDIVIDUAL BROWNFIELD SITES, INCLUDING,
22 WHERE THE CONSENT OF THE SITE OWNER HAS BEEN OBTAINED, THE CONDUCT OF
23 ON-SITE ASSESSMENTS;
24 (I) KNOWN DATA ABOUT THE ENVIRONMENTAL CONDITIONS OF PROPERTIES IN THE
25 PROPOSED AREA;
26 (J) OWNERSHIP OF THE SITES IN THE PROPOSED AREA;
27 (K) PRELIMINARY DESCRIPTIONS OF POSSIBLE REMEDIATION STRATEGIES, LAND
28 RE-USE OPPORTUNITIES, NECESSARY INFRASTRUCTURE IMPROVEMENTS, AND OTHER
29 PUBLIC OR PRIVATE MEASURES NEEDED TO STIMULATE INVESTMENT, PROMOTE REVI-
30 TALIZATION, AND ENHANCE COMMUNITY HEALTH AND ENVIRONMENTAL CONDITIONS;
31 (L) THE PROCESSES BY WHICH LOCAL PARTICIPATION IN THE DEVELOPMENT OF
32 THE APPLICATION HAS BEEN SOUGHT;
33 (M) THE PLANNING PROCESS TO BE CARRIED OUT WITH THE STATE ASSISTANCE,
34 INCLUDING, BUT NOT LIMITED TO, THE GOALS OF THE PLANNING EFFORT, THE
35 BUDGET, WORK PLAN AND TIME LINE FOR THE ATTAINMENT OF THESE GOALS, AND
36 THE INTENDED PROCESS FOR PUBLIC PARTICIPATION IN THE PLANNING PROCESS;
37 (N) THE CONSISTENCY OF THE PLANNING PROCESS WITH LOCAL, STATE, AND
38 FEDERAL LAWS, REGULATIONS, POLICIES, AND PROGRAMS;
39 (O) THE MANNER AND EXTENT TO WHICH PUBLIC OR GOVERNMENTAL AGENCIES
40 WITH JURISDICTION OVER ISSUES THAT WILL BE ADDRESSED IN THE PLANNING
41 PROCESS WILL BE INVOLVED IN THE PLANNING;
42 (P) OTHER PLANNING AND DEVELOPMENT INITIATIVES PROPOSED OR IN PROGRESS
43 IN THE PROPOSED LAND RE-USE OPPORTUNITY AREA;
44 (Q) THE GOALS AND OBJECTIVES, BOTH SHORT TERM AND LONG TERM, FOR THE
45 ECONOMIC REVITALIZATION OF THE PROPOSED LRO AREA;
46 (R) THE FINANCIAL COMMITMENTS THAT THE APPLICANT WILL MAKE TO THE LRO
47 AREA FOR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, MARKETING OF THE
48 AREA FOR BUSINESS DEVELOPMENT, HUMAN RESOURCE SERVICES FOR LRO AREA
49 RESIDENTS AND BUSINESSES, AND SERVICES FOR SMALL AND MINORITY AND
50 WOMEN-OWNED BUSINESSES;
51 (S) THE PUBLICLY CONTROLLED AND OTHER DEVELOPABLE LANDS AND BUILDINGS
52 WITHIN THE PROPOSED LRO AREA WHICH ARE OR COULD BE MADE AVAILABLE FOR
53 INDUSTRIAL AND COMMERCIAL DEVELOPMENT;
54 (T) TO THE EXTENT THAT THE INFORMATION DESCRIBED IN PARAGRAPHS (A)
55 THROUGH (S) OF THIS SUBDIVISION IS NOT AVAILABLE AT THE TIME THE APPLI-
A. 7512 12
1 CATION IS MADE, THE DATE WHEN SUCH INFORMATION WILL BE SUPPLIED TO THE
2 COMMISSIONER AND MADE AVAILABLE TO THE PUBLIC; AND
3 (U) A PROPOSED WORK PLAN AND BUDGET FOR THE PREPARATION OF THE LAND
4 RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN.
5 3. LRO AREA DESIGNATION. (A) LRO AREA DESIGNATION PROCESS AND CRITE-
6 RIA. WHEN CONSIDERING A PROPOSED LAND RE-USE OPPORTUNITY AREA, THE
7 COMMISSIONER SHALL PRIORITIZE AND PROVIDE FUNDING TO PROPOSALS FOR AREAS
8 HAVING THE FOLLOWING:
9 (1) AREAS FOR WHICH THE APPLICATION IS A COOPERATIVE APPLICATION BY A
10 MUNICIPALITY AND A COMMUNITY BASED ORGANIZATION;
11 (2) AREAS WITH CONCENTRATIONS OF BROWNFIELD SITES;
12 (3) AREAS IN COMMUNITIES WITH HEALTH ISSUES POTENTIALLY LINKED TO THE
13 PROXIMITY OF BROWNFIELD SITES;
14 (4) AREAS SHOWING INDICATORS OF ECONOMIC DISTRESS, INCLUDING LOW RESI-
15 DENT INCOMES, HIGH UNEMPLOYMENT, HIGH COMMERCIAL VACANCY RATES, AND
16 DEPRESSED PROPERTY VALUES;
17 (5) THE PRESENCE OF BROWNFIELD SITES PRESENTING STRATEGIC OPPORTU-
18 NITIES FOR CATALYZING ECONOMIC DEVELOPMENT, COMMUNITY REVITALIZATION, OR
19 THE SITING OF PUBLIC AMENITIES; AND
20 (6) THE QUALITY OF THE SUBMITTALS PROVIDED IN RESPONSE TO PARAGRAPHS
21 (A) THROUGH (T) OF SUBDIVISION TWO OF THIS SECTION.
22 (B) COMMISSIONER`S DECISION. IF, AFTER AN EVALUATION OF THE APPLICA-
23 TION TO DESIGNATE A LAND RE-USE OPPORTUNITY AREA, THE COMMISSIONER
24 DETERMINES THAT THE APPLICATION SHOULD BE GRANTED, NOTICE SHALL BE SENT
25 TO THE APPLICANT OF THIS DECISION.
26 (C) PLANNING ASSISTANCE GRANT. THE AVAILABILITY AND AMOUNT OF A GRANT
27 OF STATE ASSISTANCE TO THE APPLICANT FOR THE PREPARATION OF THE LAND
28 RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN SHALL BE SENT CONCURRENTLY
29 WITH THE LRO AREA DESIGNATION. SUCH NOTICE SHALL INDICATE THE TIME WITH-
30 IN WHICH THE REDEVELOPMENT PLAN MUST BE COMPLETED. THE GRANT AMOUNT
31 SHALL BE BASED ON THE COMMISSIONER`S REVIEW OF THE WORK PLAN AND BUDGET
32 SUBMITTED AS A PART OF THE APPLICATION.
33 4. LRO AREA PLAN CERTIFICATION. (A) WHEN THE REDEVELOPMENT PLAN IS
34 COMPLETED, IT SHALL BE FORWARDED BY THE APPLICANT TO THE COMMISSIONER,
35 WHO SHALL EITHER CERTIFY THE REDEVELOPMENT PLAN AS IN ACCORDANCE WITH
36 THE DECISION TO DESIGNATE THE LAND RE-USE OPPORTUNITY AREA OR DECLINE TO
37 CERTIFY IT WITH RECOMMENDATIONS TO THE APPLICANT OF THE MANNER AND
38 NATURE IN WHICH THE REDEVELOPMENT PLAN SHOULD BE AMENDED.
39 (B) ONCE A LAND RE-USE OPPORTUNITY AREA IS DESIGNATED AND THE REDEVEL-
40 OPMENT PLAN FOR SUCH AREA IS SUBMITTED TO AND CERTIFIED BY THE COMMIS-
41 SIONER, ALL OF THE PROPERTIES WITHIN THE LAND RE-USE OPPORTUNITY AREA
42 ARE ELIGIBLE FOR THE ECONOMIC BENEFITS AND INCENTIVES PROVIDED PURSUANT
43 TO SECTION SIXTEEN-N OF THE NEW YORK STATE URBAN DEVELOPMENT CORPORATION
44 ACT.
45 (C) NO PROVISION OF A LAND RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN
46 CERTIFIED PURSUANT TO THIS SECTION SHALL BE BINDING ON PROPERTIES WITHIN
47 SUCH AREAS OR ON ANY OF THE PARTICIPANTS IN THE DESIGNATION AND PLANNING
48 PROCESS UNLESS SUCH PROVISION HAS BEEN LAWFULLY ENACTED OR ADOPTED BY
49 LOCAL LAW, ORDINANCE, OR RESOLUTION.
50 5. AMENDMENTS. ANY AMENDMENT TO THE BOUNDARIES OF A DESIGNATED LAND
51 RE-USE OPPORTUNITY AREA OR TO THE CERTIFIED REDEVELOPMENT PLAN FOR SUCH
52 AREA SHALL BE PROPOSED, REVIEWED, ACCEPTED, APPROVED, OR CERTIFIED BY
53 THE COMMISSIONER IN THE SAME MANNER AND USING THE SAME CRITERIA AS ARE
54 USED FOR AN APPLICATION TO DESIGNATE A LAND RE-USE OPPORTUNITY AREA OR
55 FOR THE CERTIFICATION OF THE PLAN FOR SUCH AREA.
A. 7512 13
1 S 973-G. LAND RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN. A LAND
2 RE-USE OPPORTUNITY AREA REDEVELOPMENT PLAN SHALL BE FILED WITH THE
3 COMMISSIONER AND SHALL DEMONSTRATE THE METHODS BY WHICH THE APPLICANT
4 INTENDS TO PROMOTE THE REDEVELOPMENT OF BROWNFIELDS AND OTHER AREAS IN
5 THE LAND RE-USE OPPORTUNITY AREA, THE DEVELOPMENT OF NEW BUSINESS, AND
6 THE EXPANSION OF EXISTING BUSINESS WITHIN THE AREA AND SHALL INCLUDE,
7 BUT SHALL NOT BE LIMITED TO:
8 1. A STATEMENT INDICATING HOW A LAND RE-USE OPPORTUNITY AREA DESIG-
9 NATION WILL ASSIST IN THE REDEVELOPMENT AND REVITALIZATION OF THE AREA
10 IN WHICH SUCH LRO AREA IS LOCATED;
11 2. A DESCRIPTION OF PROPOSALS FOR INFRASTRUCTURE IMPROVEMENTS AND
12 INVESTMENTS IN THE AREA AND A TIMETABLE FOR THEIR COMPLETION;
13 3. A STATEMENT IDENTIFYING THOSE LOCAL TAX INCENTIVES PROPOSED TO BE
14 OFFERED WITHIN THE AREA;
15 4. A DESCRIPTION OF A PROCEDURE TO EXPEDITE THE ISSUANCE OF ANY
16 REQUIRED LOCAL PERMITS OR LICENSES;
17 5. A DESCRIPTION OF OTHER ACTIVITIES, TO BE UNDERTAKEN BY MUNICIPAL
18 AGENCIES, BUSINESS ENTITIES, NOT-FOR-PROFIT CORPORATIONS,
19 COMMUNITY-BASED ORGANIZATIONS, OR ANY OTHER PERSONS, WHICH ARE DESIGNED
20 TO PROMOTE PRIVATE SECTOR BUSINESS INVESTMENT AND JOB DEVELOPMENT IN THE
21 AREA AND A DESCRIPTION OF THE JOB TRAINING OR JOB PLACEMENT SERVICES TO
22 BE MADE AVAILABLE TO AREA RESIDENTS IN NEED OF SUCH TRAINING OR
23 SERVICES;
24 6. AN INVENTORY OF REAL PROPERTY LOCATED WITHIN THE PROPOSED LOCAL
25 LAND RE-USE OPPORTUNITY AREA THAT IS OWNED BY A MUNICIPALITY OR THE
26 STATE AND IS CURRENTLY UNUSED BY THE MUNICIPALITY OR THE STATE;
27 7. A DESCRIPTION OF THE METHOD BY WHICH THE APPLICANT WILL EVALUATE
28 THE SUCCESS OF ANY ACTIVITIES TO BE UNDERTAKEN IN THE AREA; PROVIDED,
29 HOWEVER, THAT THE APPLICANT SHALL TAKE INTO CONSIDERATION THE FACTORS
30 UPON WHICH THE SELECTION OF THE AREA WAS BASED IN ANY EVALUATION; AND
31 8. A STATEMENT OF THE REASONS WHY THE PARTICULAR GEOGRAPHIC CONFIGURA-
32 TION OF THE AREA WAS SELECTED.
33 S 973-H. RESPONSIBILITIES OF THE COMMISSIONER. THE COMMISSIONER SHALL:
34 1. AFTER CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL CONSERVA-
35 TION AND THE COORDINATOR OF THE OFFICE OF SMART DEVELOPMENT AND BROWN-
36 FIELDS REVITALIZATION, PROMULGATE SUCH REGULATIONS, CONSISTENT WITH THIS
37 ARTICLE AS ARE NECESSARY FOR THE IMPLEMENTATION OF THIS ARTICLE.
38 2. RECEIVE AND, IN CONSULTATION WITH THE COMMISSIONER OF ENVIRONMENTAL
39 CONSERVATION AND THE COORDINATOR OF THE OFFICE OF SMART DEVELOPMENT AND
40 BROWNFIELDS REVITALIZATION, AND IF CONSISTENT WITH THE PROVISIONS OF
41 THIS ARTICLE, ACCEPT THE LAND RE-USE OPPORTUNITY AREA PLAN WHICH IS
42 DEVELOPED FOR A LAND RE-USE OPPORTUNITY AREA IN THE STATE;
43 3. FILE NOTICE OF THE DESIGNATION OF A LAND RE-USE OPPORTUNITY AREA OR
44 OF THE REVISION OR TERMINATION OF SUCH DESIGNATION WITH THE APPLICANT,
45 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE SECRETARY OF STATE,
46 AND WITH THE COUNTY, CITY, TOWN, OR VILLAGE CLERK OF EACH COUNTY, CITY,
47 TOWN, OR VILLAGE, RESPECTIVELY, IN WHICH THE LAND RE-USE OPPORTUNITY
48 AREA IS LOCATED, WITH THE SCHOOL DISTRICT GOVERNING BODY IN WHICH THE
49 LAND RE-USE OPPORTUNITY AREA IS LOCATED, WITH THE STATE BOARD OF REAL
50 PROPERTY SERVICES, AND WITH SUCH OTHER STATE AND LOCAL ENTITIES AS THE
51 COMMISSIONER DETERMINES; PROVIDED, HOWEVER, THAT SUCH NOTICE SHALL SPEC-
52 IFY THE DATE SUCH ACTION WAS TAKEN AND SHALL CONTAIN A DESCRIPTION
53 SUFFICIENT TO IDENTIFY THE LAND RE-USE OPPORTUNITY AREA, INCLUDING THE
54 NAMES OF THE ABUTTING STREETS, ROADS, HIGHWAYS, BODIES OF WATER, OR
55 OTHER IDENTIFYING PHYSICAL FEATURES;
A. 7512 14
1 4. SUBJECT TO THE AVAILABILITY OF FUNDS, ARRANGE FOR THE ALLOCATION
2 AND RESERVATION OF FUNDS FROM THE INFRASTRUCTURE IMPROVEMENT PROGRAMS OF
3 STATE AGENCIES AND AUTHORITIES TO ASSIST LAND RE-USE OPPORTUNITY AREAS
4 IN MAKING PUBLIC IMPROVEMENTS NECESSARY FOR COMMUNITY, COMMERCIAL, AND
5 INDUSTRIAL DEVELOPMENT PROJECTS IN SUPPORT OF THEIR RESPECTIVE LAND
6 RE-USE OPPORTUNITY AREA PLANS;
7 5. SYSTEMATICALLY ENLIST OTHER STATE AGENCIES AND AUTHORITIES TO
8 PARTICIPATE IN LAND RE-USE OPPORTUNITY AREA PROGRAMS AND PROJECTS AND IN
9 COOPERATIVE PLANNING OF INTERAGENCY ACTIVITIES IN SUPPORT OF LAND RE-USE
10 OPPORTUNITY AREA REDEVELOPMENT EFFORTS; AND
11 6. RECOMMEND FOR ECONOMIC DEVELOPMENT LOAN AND GRANT PROGRAMS OF THE
12 DEPARTMENT, URBAN DEVELOPMENT CORPORATION, JOB DEVELOPMENT AUTHORITY,
13 AND SCIENCE AND TECHNOLOGY FOUNDATION SPECIAL TERMS AND CONDITIONS FOR
14 VIABLE LAND RE-USE OPPORTUNITY AREA PROJECTS AND PROGRAMS.
15 S 973-I. TAX INCREMENT FUNDS. 1. DIVISION OF TAXES BY GOVERNMENTAL
16 BODIES. THE GOVERNING BOARD OF ANY CITY, TOWN, VILLAGE, OR COUNTY IN
17 WHICH A LAND RE-USE OPPORTUNITY AREA IS LOCATED IS HEREBY AUTHORIZED AND
18 EMPOWERED TO:
19 (A) ADOPT A LOCAL LAW PROVIDING THAT ANY TAXES LEVIED BY OR ON BEHALF
20 OF SUCH CITY, TOWN, VILLAGE, OR COUNTY UPON TAXABLE REAL PROPERTY IN
21 SUCH AREA SHALL BE DIVIDED BASED ON THE AREA`S ORIGINAL TAXABLE VALUE
22 AND ITS INCREMENTAL VALUE AS DETERMINED PURSUANT TO SUBDIVISIONS THREE
23 AND SIX OF THIS SECTION; PROVIDED, HOWEVER, THAT NO CITY, TOWN, VILLAGE,
24 OR COUNTY MAY ADOPT A LOCAL LAW PROVIDING FOR SUCH A DIVISION OF TAXES
25 IF:
26 (1) THE ORIGINAL TAXABLE VALUE OF THE AREA INVOLVED EXCEEDS A FIGURE
27 EQUAL TO TWENTY PERCENT OF THE TOTAL ASSESSED VALUE OF THAT MUNICI-
28 PALITY, EXCLUSIVE OF ANY INCREMENTAL VALUES FOR SUCH AREAS; OR
29 (2) THE LAND AREA OF THE LRO AREA INVOLVED EXCEEDS A FIGURE EQUAL TO
30 TWENTY PERCENT OF THE TOTAL LAND AREA OF THE MUNICIPALITY;
31 (B) ADOPT A LOCAL LAW ESTABLISHING A SPECIAL LAND RE-USE OPPORTUNITY
32 AREA TAX INCREMENT FUND AND PROVIDING FOR THE DEPOSIT OF MONEYS INTO
33 SUCH FUND PURSUANT TO PARAGRAPH (E) OF SUBDIVISION THREE OF THIS
34 SECTION.
35 2. CONTINUED OBLIGATION FOR LEVIED TAXES. IN NO EVENT SHALL ANY DIVI-
36 SION OF TAXES PURSUANT TO THIS SECTION BE CONSTRUED AS RELIEVING PROPER-
37 TY OWNERS WITHIN THE DESIGNATED AREA OF THEIR OBLIGATION TO PAY THE REAL
38 PROPERTY TAXES, SPECIAL AD VALOREM LEVY, OR SPECIAL ASSESSMENT, IF ANY,
39 LEVIED UPON THEIR TAXABLE REAL PROPERTY.
40 3. PROCEDURES. (A) AS SOON AS POSSIBLE AFTER ANY LOCAL LEGISLATIVE
41 BODY HAS ADOPTED A LOCAL LAW AS PROVIDED FOR IN PARAGRAPH (A) OF SUBDI-
42 VISION ONE OF THIS SECTION, THE ASSESSOR WHO PREPARES THE ASSESSMENT
43 ROLL USED FOR THE LEVY OF SUCH COUNTY, CITY, TOWN, OR VILLAGE TAXES
44 SHALL CERTIFY THE "ORIGINAL TAXABLE VALUE" OF EACH LOT AND PARCEL OF
45 TAXABLE REAL PROPERTY IN THE AREA INVOLVED. FOR THE PURPOSES OF THIS
46 SECTION, "ORIGINAL TAXABLE VALUE" SHALL BE THE ASSESSED VALUE AS OF THE
47 LAST TAXABLE STATUS DATE BEFORE THE DATE ON WHICH A LOCAL LAW AUTHORIZ-
48 ING THE DIVISION OF TAXES WAS ADOPTED.
49 (B) NOTWITHSTANDING ANY INCONSISTENT PROVISION OF LAW, UNLESS
50 PRECLUDED BY CONTRACT, WHENEVER ANY PROPERTY IN SUCH AN AREA IS OWNED BY
51 THE CITY, TOWN, VILLAGE, OR COUNTY INVOLVED AND IS LEASED TO ANY PERSON
52 OR PERSONS, SUCH PROPERTY SHALL BE ASSESSED AND TAXED IN THE SAME MANNER
53 AS PRIVATELY OWNED PROPERTY, AND THE LEASE OR CONTRACT BETWEEN THE CITY,
54 TOWN, VILLAGE, OR COUNTY INVOLVED AND SUCH PERSON OR PERSONS SHALL
55 PROVIDE THAT THE LESSEE SHALL PAY TAXES UPON THE ASSESSED VALUE OF THE
A. 7512 15
1 ENTIRE PROPERTY AND NOT MERELY UPON THE ASSESSED VALUE OF HIS, HER, OR
2 ITS LEASEHOLD INTEREST.
3 (C) IN EACH YEAR SUBSEQUENT TO THE DETERMINATION OF THE ORIGINAL TAXA-
4 BLE VALUE OF EACH LOT AND PARCEL OF TAXABLE REAL PROPERTY IN SUCH AN
5 AREA IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVI-
6 SION, THE ASSESSOR SHALL COMPUTE AND CERTIFY THE NET AMOUNT BY WHICH THE
7 TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS HAS INCREASED OR DECREASED IN
8 COMPARISON WITH THE ORIGINAL TAXABLE VALUE OF ALL SUCH LOTS AND PARCELS.
9 THE NET AMOUNT OF THE INCREASE OR DECREASE IS REFERRED TO IN THIS
10 SECTION AS THE "INCREMENTAL VALUE" OR THE "LOST VALUE", RESPECTIVELY,
11 FOR THAT YEAR, AS THE CASE MAY BE.
12 (D) IN ANY YEAR WHEN THERE IS AN INCREMENTAL VALUE, THE TAX LEVYING
13 BODY SHALL EXTEND THE TAXES OF EACH CITY, TOWN, VILLAGE, OR COUNTY,
14 WHICH HAS ADOPTED A LOCAL LAW PURSUANT TO THIS SECTION AGAINST THE
15 INCREMENTAL VALUE AS WELL AS THE ORIGINAL TAXABLE VALUE, AND THE AMOUNT
16 OF TAXES RECEIVED FROM SUCH EXTENSION AGAINST THE INCREMENTAL VALUE IS
17 REFERRED TO IN THIS SECTION AS THE TAX INCREMENT FOR THAT YEAR.
18 (E) THE CITY, TOWN, VILLAGE, OR COUNTY OFFICIAL RESPONSIBLE FOR
19 RECEIVING REAL PROPERTY TAX PAYMENTS SHALL SEGREGATE EACH YEAR ALL TAX
20 INCREMENTS FROM THE DESIGNATED AREA AND TRANSMIT SUCH INCREMENTS TO THE
21 CITY, TOWN, VILLAGE, OR COUNTY TREASURER, WHO SHALL DEPOSIT SUCH MONIES
22 IN A SPECIAL LAND RE-USE OPPORTUNITY AREA TAX INCREMENT FUND.
23 (F) IN THE EVENT THAT ANY STATE OR LOCAL LAW GOVERNING THE CLASSIFICA-
24 TION OF REAL PROPERTY AND THEREBY DETERMINING THE PERCENTAGE OF MARKET
25 VALUE TO BE ASSESSED FOR REAL PROPERTY TAXATION PURPOSES IS AMENDED
26 AFTER THIS ARTICLE SHALL HAVE BECOME A LAW, THE INCREASE OR DECREASE IN
27 ASSESSED VALUATION RESULTING THEREFROM SHALL BE APPLIED PROPORTIONATELY
28 IN EACH YEAR THEREAFTER TO THE ORIGINAL TAXABLE VALUE AND INCREMENTAL
29 VALUE OF THE AREA INVOLVED.
30 4. INVESTMENTS. THE LOCAL LEGISLATIVE BODY OF THE CITY, TOWN, VILLAGE,
31 OR COUNTY OR ITS DESIGNATED AGENCY MAY INVEST ANY FUNDS IN THE SPECIAL
32 LAND RE-USE OPPORTUNITY AREA TAX INCREMENT FUND NOT REQUIRED FOR IMMEDI-
33 ATE DISBURSEMENT IN PROPERTY OR SECURITIES IN WHICH PUBLIC BODIES MAY
34 INVEST FUNDS SUBJECT TO THEIR CONTROL.
35 5. LOST VALUE. IN ANY YEAR WHEN THERE IS A LOST VALUE, THE PROVISIONS
36 OF THIS SECTION SHALL NOT APPLY TO THE DISPOSITION OF THAT YEAR`S REAL
37 PROPERTY TAXES, SPECIAL AD VALOREM LEVIES, OR SPECIAL ASSESSMENTS.
38 6. USE OF SPECIAL LAND RE-USE OPPORTUNITY AREA TAX INCREMENT FUND.
39 MONIES AVAILABLE IN OR TO BECOME AVAILABLE IN A SPECIAL LAND RE-USE
40 OPPORTUNITY AREA TAX INCREMENT FUND, AFTER APPROPRIATIONS BY THE LOCAL
41 LEGISLATIVE BODY FOR THE CITY, TOWN, VILLAGE, OR COUNTY ESTABLISHING
42 SUCH FUND, SHALL BE USED FOR GRANTS, LOANS, OR FINANCIAL INCENTIVES. NO
43 LESS THAN SEVENTY-FIVE PERCENT OF THE MONEYS AVAILABLE IN A SPECIAL LAND
44 RE-USE OPPORTUNITY AREA TAX INCREMENT FUND SHALL BE USED TO SUPPORT OR
45 FINANCE AREA-WIDE PROJECTS WITHIN THE LAND RE-USE OPPORTUNITY AREA SUCH
46 AS INFRASTRUCTURE IMPROVEMENTS OR INVESTMENTS, AND THE REMAINDER OF SUCH
47 FUNDS SHALL BE USED TO SUPPORT OR FINANCE SITE-SPECIFIC BROWNFIELD SITE
48 ACQUISITION, INVESTIGATION, OR REMEDIATION PROJECTS WITHIN THE LAND
49 RE-USE OPPORTUNITY AREA.
50 S 4. Section 1 of chapter 174 of the laws of 1968 constituting the New
51 York state urban development corporation act is amended by adding a new
52 section 16-n to read as follows:
53 S 16-N. BROWNFIELD SITE ASSESSMENT, ACQUISITION, AND REMEDIATION
54 ASSISTANCE PROGRAM. (1) THE CORPORATION, IN COORDINATION WITH THE OFFICE
55 OF SMART DEVELOPMENT AND BROWNFIELDS REVITALIZATION ESTABLISHED PURSUANT
56 TO ARTICLE 17 OF THE ECONOMIC DEVELOPMENT LAW, SHALL ESTABLISH A BROWN-
A. 7512 16
1 FIELD SITE ASSESSMENT, ACQUISITION, AND REMEDIATION ASSISTANCE PROGRAM
2 WHICH SHALL OFFER THE FOLLOWING:
3 (A) MUNICIPAL GOVERNMENT AND COMMUNITY-BASED ORGANIZATION BROWNFIELD
4 SITE SPECIFIC PROJECT PLANNING AND PREDEVELOPMENT ACTIVITY GRANTS PURSU-
5 ANT TO SUBDIVISION TWO OF THIS SECTION.
6 (B) MUNICIPAL GOVERNMENT AND COMMUNITY-BASED ORGANIZATION BROWNFIELD
7 SITE ACQUISITION GRANTS PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
8 (C) BROWNFIELD SITE ASSESSMENT GRANT AND REVOLVING LOAN FUND ASSIST-
9 ANCE FOR ASSESSMENTS OF SITES NOT IN PUBLIC OWNERSHIP PURSUANT TO SUBDI-
10 VISION FOUR OF THIS SECTION.
11 (D) BROWNFIELD SITE INVESTIGATION LOCAL GRANT AND REVOLVING LOAN FUND
12 ASSISTANCE PURSUANT TO SUBDIVISION FIVE OF THIS SECTION.
13 (E) RECLAIM NEW YORK SECTOR SPECIFIC GRANT ASSISTANCE PURSUANT TO
14 SUBDIVISION SIX OF THIS SECTION.
15 (F) BROWNFIELD SITE REMEDIATION PROJECT GRANTS PURSUANT TO SUBDIVISION
16 SEVEN OF THIS SECTION.
17 (G) BROWNFIELD SITE REMEDIATION PROJECT REVOLVING LOAN FUND PURSUANT
18 TO SUBDIVISION EIGHT OF THIS SECTION.
19 (H) COMMUNITY-BASED ORGANIZATION GRANTS FOR COMMUNITY FACILITIES AT
20 BROWNFIELD SITES PURSUANT TO SUBDIVISION NINE OF THIS SECTION.
21 (I) START-UP CAPITAL GRANTS FOR NOT-FOR-PROFIT LAND RE-USE FOUNDATIONS
22 PURSUANT TO SUBDIVISION TEN OF THIS SECTION.
23 (J) BROWNFIELDS REDEVELOPMENT TAX CREDIT ELIGIBILITY CERTIFICATES
24 PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION.
25 (2) MUNICIPAL GOVERNMENT AND COMMUNITY-BASED ORGANIZATION BROWNFIELD
26 SITE SPECIFIC PROJECT PLANNING AND PREDEVELOPMENT ACTIVITY GRANTS. (A)
27 GRANTS AWARDED BY THE CORPORATION UNDER THIS SUBDIVISION SHALL BE
28 AWARDED ON A COMPETITIVE BASIS, IN RESPONSE TO REQUESTS FOR PROPOSALS,
29 AND THROUGH DIRECT APPLICATIONS ACCEPTED AT OTHER TIMES AT THE
30 DISCRETION OF THE CORPORATION, DISTRIBUTED TO MUNICIPAL GOVERNMENTS,
31 COMMUNITY-BASED ORGANIZATIONS, AND SPONSORS OR APPLICANTS FOR LAND
32 RE-USE OPPORTUNITY AREAS. REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION
33 SHALL SET FORTH SUCH INFORMATION REQUIREMENTS AND NOTICE OF EVALUATION
34 CRITERIA AS THE CORPORATION DEEMS NECESSARY, CONSISTENT WITH THIS SUBDI-
35 VISION AND WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
36 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO:
37 (I) PROVIDE GRANTS TO MUNICIPAL GOVERNMENTS OR COMMUNITY-BASED ORGAN-
38 IZATIONS FOR THE ASSESSMENT AND INVESTIGATION OF ONE OR MORE INDIVIDUAL
39 QUALIFIED BROWNFIELD SITES, INCLUDING BUT NOT LIMITED TO EXPENDITURES
40 FOR PERSONAL SERVICES, NONPERSONAL SERVICES, AND CONTRACTUAL EXPENSES
41 ASSOCIATED WITH:
42 (A) THE DEVELOPMENT OR IMPLEMENTATION OF AN INVESTIGATION AGREEMENT
43 AND WORK PLAN CREATED PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRON-
44 MENTAL CONSERVATION LAW;
45 (B) THE DEVELOPMENT OF A REMEDIATION AGREEMENT AND WORK PLAN CREATED
46 PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION
47 LAW; OR
48 (C) FOR QUALIFIED BROWNFIELD SITES AT WHICH AN INVESTIGATION PURSUANT
49 TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION LAW INDI-
50 CATES THAT NO FURTHER INVESTIGATION OR REMEDIATION IS NEEDED, THE PREPA-
51 RATION OF A FINAL ENGINEERING REPORT PURSUANT TO TITLE 14 OF ARTICLE 27
52 OF THE ENVIRONMENTAL CONSERVATION LAW;
53 (II) PROVIDE GRANTS TO MUNICIPAL GOVERNMENTS AND COMMUNITY-BASED
54 ORGANIZATIONS FOR FEASIBILITY, PLANNING OR MARKETING STUDIES, SURVEYS,
55 DESIGNS, OR REPORTS TO ASSESS THE ECONOMIC DEVELOPMENT OR REDEVELOPMENT
A. 7512 17
1 POTENTIAL OF A SPECIFIC QUALIFIED BROWNFIELD SITE OR SITES AND TO DEVEL-
2 OP A RE-USE OR REDEVELOPMENT PLAN BASED ON SUCH STUDIES.
3 (C) ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
4 PURSUANT TO A CONTRACT BETWEEN THE GRANT RECIPIENT AND THE CORPORATION.
5 IN ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
6 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE A PROVISION PROVID-
7 ING THAT IF ANY FEDERAL PAYMENTS, RESPONSIBLE PARTY PAYMENTS, OR
8 PAYMENTS RECEIVED FROM THE DISPOSITION OF THE QUALIFIED BROWNFIELD SITE,
9 OR ANY COMBINATION THEREOF, BECOME AVAILABLE TO THE GRANT RECIPIENT, THE
10 AMOUNT OF SUCH PAYMENTS ATTRIBUTABLE TO EXPENSES PAID BY THE GRANT UNDER
11 THIS SUBDIVISION SHALL BE PAID BY THE GRANT RECIPIENT TO THE CORPO-
12 RATION. THE CORPORATION, TO FUND ADDITIONAL GRANTS UNDER THIS SUBDIVI-
13 SION, SHALL USE PAYMENTS RECEIVED BY THE CORPORATION PURSUANT TO THIS
14 PARAGRAPH.
15 (3) MUNICIPAL GOVERNMENT AND COMMUNITY-BASED ORGANIZATION BROWNFIELD
16 SITE ACQUISITION GRANTS. (A) GRANTS AWARDED BY THE CORPORATION UNDER
17 THIS SUBDIVISION SHALL BE AWARDED ON A COMPETITIVE BASIS, IN RESPONSE TO
18 REQUESTS FOR PROPOSALS, AND THROUGH DIRECT APPLICATIONS ACCEPTED AT
19 OTHER TIMES AT THE DISCRETION OF THE CORPORATION, DISTRIBUTED TO MUNICI-
20 PAL GOVERNMENTS, COMMUNITY-BASED ORGANIZATIONS, AND SPONSORS OR APPLI-
21 CANTS FOR LAND RE-USE OPPORTUNITY AREAS FOR THE PURPOSE OF SOLICITING
22 APPLICATIONS. REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET
23 FORTH SUCH INFORMATION REQUIREMENTS AND NOTICE OF EVALUATION CRITERIA AS
24 THE CORPORATION DEEMS NECESSARY, CONSISTENT WITH THIS SUBDIVISION AND
25 SUBDIVISION FOUR OF THIS SECTION.
26 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO PROVIDE
27 GRANTS TO MUNICIPAL GOVERNMENTS OR COMMUNITY-BASED ORGANIZATIONS FOR THE
28 ACQUISITION OF A CONTROLLING INTEREST IN ONE OR MORE INDIVIDUAL QUALI-
29 FIED BROWNFIELD SITES, INCLUDING BUT NOT LIMITED TO EXPENDITURES FOR
30 PERSONAL SERVICES, NONPERSONAL SERVICES, AND CONTRACTUAL EXPENSES ASSO-
31 CIATED THEREWITH.
32 (C) ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
33 PURSUANT TO A CONTRACT BETWEEN THE GRANT RECIPIENT AND THE CORPORATION.
34 IN ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
35 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE A PROVISION PROVID-
36 ING THAT IF ANY FEDERAL PAYMENTS, RESPONSIBLE PARTY PAYMENTS, OR
37 PAYMENTS RECEIVED FROM THE DISPOSITION OF THE QUALIFIED BROWNFIELD SITE,
38 OR ANY COMBINATION THEREOF, BECOME AVAILABLE TO THE GRANT RECIPIENT, THE
39 AMOUNT OF SUCH PAYMENTS ATTRIBUTABLE TO EXPENSES PAID BY THE GRANT UNDER
40 THIS SUBDIVISION SHALL BE PAID BY THE GRANT RECIPIENT TO THE CORPO-
41 RATION. THE CORPORATION, TO FUND ADDITIONAL GRANTS UNDER THIS SUBDIVI-
42 SION, SHALL USE PAYMENTS RECEIVED BY THE CORPORATION PURSUANT TO THIS
43 PARAGRAPH.
44 (4) BROWNFIELD SITE ASSESSMENT GRANT AND REVOLVING LOAN FUND ASSIST-
45 ANCE FOR ASSESSMENTS OF SITES NOT IN PUBLIC OWNERSHIP. (A) THE CORPO-
46 RATION SHALL ESTABLISH A FUND TO BE KNOWN AS THE "BROWNFIELD SITE
47 ASSESSMENT GRANT AND REVOLVING LOAN FUND" AND SHALL PAY INTO SUCH FUND
48 ANY MONEYS MADE AVAILABLE TO THE CORPORATION FOR SUCH FUND FROM ANY
49 SOURCE, INCLUDING MONEYS APPROPRIATED BY THE STATE AND ANY INCOME EARNED
50 BY, OR INCREMENT TO, THE ACCOUNT DUE TO THE INVESTMENT THEREOF, OR ANY
51 REPAYMENT OF MONEYS ADVANCED FROM THE FUND. THE MONEYS HELD IN OR CRED-
52 ITED TO THE FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSE SET FORTH IN
53 THIS SUBDIVISION. THE CORPORATION SHALL NOT COMMINGLE THE MONEYS OF SUCH
54 FUND WITH ANY OTHER MONEYS OF THE CORPORATION OR ANY MONEYS HELD IN
55 TRUST BY THE CORPORATION.
A. 7512 18
1 (B) THE CORPORATION SHALL ALLOCATE ANY MONEYS MADE AVAILABLE FOR SUCH
2 FUND AS FOLLOWS:
3 (I) TWENTY PERCENT OF ALL MONEYS APPROPRIATED BY THE STATE TO SUCH
4 FUND SHALL BE TRANSFERRED, AFTER DEPOSIT INTO THE FUND, TO THE BROWN-
5 FIELD SITE INVESTIGATION LOCAL GRANT AND REVOLVING LOAN FUND ACCOUNT OR
6 THE RELATED ADMINISTRATIVE EXPENSES TRUST FUND ACCOUNT ESTABLISHED
7 PURSUANT TO SUBDIVISION FIVE OF THIS SECTION; AND
8 (II) AFTER THE TRANSFER SET FORTH IN SUBPARAGRAPH (I) OF THIS PARA-
9 GRAPH, THE MONEYS IN SUCH FUND SHALL BE USED TO PROVIDE GRANTS OR LOANS
10 TO QUALIFYING APPLICANTS FOR ASSESSMENTS OR INVESTIGATIONS OR THE DEVEL-
11 OPMENT OF REMEDIATION WORK PLANS FOR QUALIFIED BROWNFIELD SITES. SUCH
12 ACTIVITIES MAY INCLUDE, BUT ARE NOT LIMITED TO, PRELIMINARY SITE ASSESS-
13 MENTS, ENVIRONMENTAL AUDITS, FEASIBILITY STUDIES, CONCEPT PLANS FOR SITE
14 RE-USE, AND THE LEGAL COSTS ASSOCIATED WITH NEGOTIATING VOLUNTARY INVES-
15 TIGATION AND REMEDIATION AGREEMENTS.
16 (C) AN APPLICANT IS ELIGIBLE TO SEEK ASSISTANCE UNDER THIS SUBDIVISION
17 IF THE APPLICANT IS A PERSON, INCLUDING ANY INDIVIDUAL, CORPORATION, OR
18 FIRM, OR ANY PARTNERSHIP BETWEEN OR AMONG SUCH ENTITIES, WHICH IS IN
19 POSSESSION OR HAS EFFECTIVE CONTROL OF AN ELIGIBLE QUALIFIED BROWNFIELD
20 SITE OR WHICH HAS WRITTEN PERMISSION FROM THE OWNER OF THE PROPERTY TO
21 CONDUCT THE ASSESSMENT OR INVESTIGATION OR REMEDIATION WORK PLAN DEVEL-
22 OPMENT FOR WHICH ASSISTANCE IS BEING SOUGHT.
23 (D) A LOAN MAY BE MADE UNDER THIS SUBDIVISION FOR A PORTION OF THE
24 ASSESSMENT OR INVESTIGATION OR REMEDIAL WORK PLAN DEVELOPMENT COSTS FOR
25 A QUALIFIED BROWNFIELD SITE; PROVIDED, HOWEVER, THAT NO LOAN SHALL
26 EXCEED FIFTY THOUSAND DOLLARS IN AMOUNT, AND NO LOAN SHALL PROVIDE MORE
27 THAN FIFTY PERCENT OF SUCH COSTS.
28 (E) THE MAXIMUM TERM OF A LOAN UNDER THIS SUBDIVISION SHALL BE TWO
29 YEARS, BUT MAY BE EXTENDED, AFTER THE ASSESSMENT OR INVESTIGATION OR
30 REMEDIAL WORK PLAN DEVELOPMENT FINANCED BY THE LOAN IS COMPLETED, TO A
31 TERM NO LONGER THAN ONE YEAR AFTER REMEDIAL WORK REQUIRED AT THE QUALI-
32 FIED BROWNFIELD SITE IS COMPLETED.
33 (F) EACH APPLICATION FOR ASSISTANCE UNDER THIS SUBDIVISION SHALL
34 INCLUDE SUCH INFORMATION AS THE CORPORATION SHALL BY REGULATION REQUIRE
35 AND SHALL INCLUDE, BUT IS NOT LIMITED TO:
36 (I) A DEMONSTRATION BY THE APPLICANT OF THE AVAILABILITY OF THE FUNDS
37 FOR THE COSTS OF THE PROJECT WHICH WILL NOT BE FINANCED BY THE LOAN
38 UNDER THIS SUBDIVISION; AND
39 (II) A FINANCIAL PLAN FOR THE RE-USE OR REVITALIZATION OF THE QUALI-
40 FIED BROWNFIELD SITE, INCLUDING AN ESTIMATE OF THE LIKELIHOOD OF THE
41 ENVIRONMENTAL REMEDIATION OF THE SITE, THE VIABILITY OF ECONOMIC USE OF
42 THE SITE AFTER THE REMEDIATION IS COMPLETED, AND THE PROJECTED ECONOMIC
43 AND SOCIAL BENEFITS TO THE COMMUNITY FROM THE RE-USE OF THE SITE.
44 (5) BROWNFIELD SITE INVESTIGATION LOCAL GRANT AND REVOLVING LOAN FUND
45 ASSISTANCE. (A) THE CORPORATION SHALL, FROM ANY APPROPRIATIONS MADE
46 AVAILABLE FOR THIS PURPOSE, ESTABLISH A BROWNFIELD SITE INVESTIGATION
47 LOCAL GRANT AND REVOLVING LOAN FUND ACCOUNT AND A RELATED ADMINISTRATIVE
48 EXPENSES TRUST FUND ACCOUNT IN ORDER TO STIMULATE THE INVESTIGATION OF
49 QUALIFIED BROWNFIELD SITES THROUGH A DECENTRALIZED LENDING PROGRAM.
50 ASSISTANCE PURSUANT TO THIS SUBDIVISION WILL BE AWARDED THROUGH A
51 COMPETITIVE PROCESS INITIATED BY THE CORPORATION, WHICH INCLUDES A
52 REQUEST FOR PROPOSALS AS WELL AS DIRECT APPLICATIONS ACCEPTED AT OTHER
53 TIMES.
54 (B) LOANS AND LOAN GUARANTEES MADE FROM THE BROWNFIELD SITE INVESTI-
55 GATION LOCAL GRANT AND REVOLVING LOAN FUND MAY BE MADE TO MUNICIPALITIES
56 OTHER THAN THE MUNICIPALITY WHICH ADMINISTERS THE FUND, TO
A. 7512 19
1 COMMUNITY-BASED ORGANIZATIONS, OR TO PRIVATE ENTITIES, SUCH LOANS AND
2 LOAN GUARANTEES:
3 (I) SHALL BE FOR BROWNFIELD SITE ASSESSMENTS OR INVESTIGATIONS OR THE
4 DEVELOPMENT OF REMEDIATION WORK PLANS FOR QUALIFIED BROWNFIELD SITES;
5 (II) SHALL CONSIST OR GUARANTEE LOANS OF NO MORE THAN ONE HUNDRED
6 THOUSAND DOLLARS; AND
7 (III) SHALL PROVIDE NO MORE THAN FIFTY PERCENT OF THE COST OF THE
8 BROWNFIELD SITE ASSESSMENT, INVESTIGATION, OR REMEDIATION WORK PLAN.
9 (C) SUCH LOANS AND LOAN GUARANTEES SHALL BE ADMINISTERED BY A MUNICI-
10 PALITY DESIGNATED BY THE CORPORATION ON A COMPETITIVE BASIS PURSUANT TO
11 A REQUEST FOR PROPOSALS PROCESS.
12 (D) FOR THE PURPOSE OF THIS SECTION, "LOCAL TRUST FUND ACCOUNT" AND
13 "LOCAL REVOLVING LOAN FUND" SHALL MEAN A LOCAL BROWNFIELD SITE INVESTI-
14 GATION REVOLVING LOAN FUND ACCOUNT.
15 (E) THE CORPORATION SHALL PAY INTO SUCH FUND ANY MONIES MADE AVAILABLE
16 TO THE CORPORATION FOR SUCH FUND FROM ANY SOURCE, INCLUDING MONIES
17 APPROPRIATED BY THE STATE AND ANY INCOME EARNED BY, OR INCREMENT TO, THE
18 FUND DUE TO THE INVESTMENT THEREOF, OR ANY REPAYMENT OF MONIES ADVANCED
19 FROM THE FUND. THE MONIES HELD IN OR CREDITED TO THE FUND SHALL BE
20 EXPENDED FOR THE PURPOSES SET FORTH IN THIS SUBDIVISION AND MAY NOT BE
21 INTERCHANGED WITH ANY OTHER ACCOUNT OR FUND, BUT MAY BE COMMINGLED WITH
22 ANY OTHER ACCOUNT FOR INVESTMENT PURPOSES. ALL LOANS DISBURSED BY THE
23 CORPORATION FROM SUCH FUND SHALL BE REPAID INTO THE FUND.
24 (F) THE CORPORATION SHALL ALLOCATE ANY MONIES MADE AVAILABLE FOR SUCH
25 FUND FOR THE PURPOSE OF ESTABLISHING LOCAL TRUST FUND ACCOUNTS AND A
26 CORRESPONDING NUMBER OF LOCAL ADMINISTRATIVE EXPENSES TRUST FUND
27 ACCOUNTS.
28 (G) THE CORPORATION SHALL ESTABLISH A LOCAL ADMINISTRATIVE EXPENSES
29 TRUST FUND ACCOUNT FOR THE BENEFIT OF EACH ENTITY SELECTED TO ADMINISTER
30 A LOCAL TRUST FUND ACCOUNT, WHICH SHALL BE SUBJECT TO THE FOLLOWING
31 CONDITIONS:
32 (I) THE INITIAL DEPOSIT IN EACH LOCAL ADMINISTRATIVE EXPENSES TRUST
33 FUND ACCOUNT SHALL BE IN AN AMOUNT TO BE DETERMINED BY THE CORPORATION,
34 BUT SHALL NOT EXCEED TWENTY-FIVE THOUSAND DOLLARS;
35 (II) AN ENTITY DESIGNATED TO ADMINISTER A LOCAL TRUST FUND ACCOUNT MAY
36 USE THE FUNDS IN ITS LOCAL ADMINISTRATIVE EXPENSES TRUST FUND ACCOUNT
37 FOR EXPENSES INCURRED BY IT IN THE START-UP AND ADMINISTRATION OF THE
38 FINANCIAL ASSISTANCE PROGRAMS IT IS REQUIRED TO ADMINISTER UNDER THIS
39 SECTION; AND
40 (III) THE CORPORATION SHALL ALSO DEPOSIT INTO EACH LOCAL ADMINISTRA-
41 TIVE EXPENSES TRUST FUND ACCOUNT:
42 (A) ALL INCOME EARNED FROM THE MONEYS ON DEPOSIT IN THE CORRESPONDING
43 LOCAL LOAN TRUST FUND ACCOUNT DURING THE FIRST YEAR OF THE ENTITY`S
44 ADMINISTRATION OF SAID ACCOUNT. BEGINNING WITH ITS SECOND YEAR IN ADMIN-
45 ISTERING A LOCAL REVOLVING LOAN TRUST FUND ACCOUNT, SAID AMOUNTS MAY BE
46 USED FOR COSTS INCURRED BY THE ENTITY IN ADMINISTERING THE LOCAL REVOLV-
47 ING LOAN TRUST FUND ACCOUNT; AND
48 (B) REPAYMENTS OF INTEREST ON LOANS MADE FROM THE CORRESPONDING LOCAL
49 REVOLVING LOAN TRUST FUND ACCOUNT. SUCH FUNDS MAY BE USED FOR COSTS
50 INCURRED AT ANY TIME BY AN ADMINISTERING ENTITY IN ITS ADMINISTRATION OF
51 A LOCAL REVOLVING LOAN TRUST FUND HEREUNDER; AND
52 (IV) FUNDS DEPOSITED IN AN ADMINISTRATIVE EXPENSES TRUST FUND ACCOUNT
53 SHALL BE DISBURSED BY THE CORPORATION TO THE ENTITY THAT ADMINISTERS THE
54 CORRESPONDING LOCAL REVOLVING LOAN TRUST FUND ACCOUNT ON A SEMIANNUAL
55 BASIS AND SHALL BE EXPENDED BY THE ENTITY IN ACCORDANCE WITH A SEMIANNU-
56 AL BUDGET AND ANY UPDATES THEREOF APPROVED BY THE CORPORATION.
A. 7512 20
1 (H) TO BE ELIGIBLE TO APPLY FOR DESIGNATION TO ADMINISTER A LOCAL
2 TRUST FUND ACCOUNT, A MUNICIPALITY SHALL:
3 (I) HAVE STAFF, OR HAVE ACCESS TO STAFF FROM ORGANIZATIONS, WHICH
4 PARTICIPATE IN THE ADMINISTRATION OF A DESIGNATED LOCAL REVOLVING LOAN
5 TRUST FUND WITH SUFFICIENT EXPERTISE TO ANALYZE APPLICATIONS FOR FINAN-
6 CIAL ASSISTANCE AND TO REGULARLY MONITOR FINANCIAL ASSISTANCE TO
7 CLIENTS;
8 (II) HAVE AN EFFECTIVE PLAN TO MARKET ITS SERVICES AND MARKET PROGRAMS
9 PROVIDED BY THE CORPORATION, THE DEPARTMENT OF ECONOMIC DEVELOPMENT, AND
10 OTHER STATE AND LOCAL AGENCIES FOR BROWNFIELD SITE REMEDIATION OR REVI-
11 TALIZATION; AND
12 (III) HAVE ESTABLISHED A LOAN COMMITTEE COMPOSED OF SIX OR MORE
13 PERSONS EXPERIENCED IN BUSINESS MANAGEMENT, IN THE IMPLEMENTATION OF
14 BROWNFIELD REMEDIATION PROJECTS, OR IN THE OPERATION OF A FOR-PROFIT
15 BUSINESS. SUCH COMMITTEE SHALL REVIEW EVERY APPLICATION SUBMITTED BY AN
16 ELIGIBLE ENTITY FOR FINANCIAL ASSISTANCE FROM THE LOCAL TRUST FUND
17 ACCOUNT AND SHALL DETERMINE THE FEASIBILITY OF THE PROJECT PROPOSED IN
18 THE APPLICATION AND THE LIKELIHOOD OF REPAYMENT OF THE REQUESTED FINANC-
19 ING AND RECOMMEND TO THE GOVERNING BODY OF THE ELIGIBLE ENTITY SUCH
20 ACTION AS THE LOAN COMMITTEE DEEMS APPROPRIATE.
21 (I) ANY MUNICIPALITY SELECTED TO ADMINISTER A LOCAL REVOLVING LOAN
22 TRUST FUND ACCOUNT SHALL BE ELIGIBLE TO DRAW FUNDS FROM THE ACCOUNT, AS
23 NEEDED, TO PROVIDE THE FINANCIAL ASSISTANCE TO ELIGIBLE LOAN OR LOAN
24 GUARANTEE RECIPIENTS UPON CERTIFICATION TO AND ACCEPTANCE BY THE CORPO-
25 RATION THAT SUCH ASSISTANCE COMPLIES WITH RULES AND REGULATIONS PROMUL-
26 GATED BY THE CORPORATION.
27 (J) A MUNICIPALITY DESIGNATED TO ADMINISTER SUCH A REVOLVING LOAN
28 TRUST FUND ACCOUNT SHALL PAY TO THE CORPORATION FOR DEPOSIT ANY REPAY-
29 MENTS RECEIVED IN CONNECTION WITH FINANCIAL ASSISTANCE PROVIDED FROM
30 SUCH ACCOUNT PURSUANT TO THE FOLLOWING:
31 (I) PAYMENTS CONSISTING OF THE REPAYMENT OF THE PRINCIPAL AMOUNT OF A
32 LOAN SHALL BE DEPOSITED BY THE CORPORATION IN THE LOCAL TRUST FUND
33 ACCOUNT FROM WHICH THE LOAN WAS MADE; AND
34 (II) THE INTEREST EARNED FROM THE INVESTMENT, BY THE CORPORATION, OF
35 MONIES IN EACH LOCAL REVOLVING LOAN TRUST FUND DURING AND AFTER THE
36 SECOND YEAR OF A SELECTED MUNICIPALITY`S ADMINISTRATION OF SAID ACCOUNT
37 SHALL BE DEPOSITED BY THE CORPORATION INTO THE CORRESPONDING LOCAL
38 REVOLVING LOAN TRUST FUND ACCOUNT.
39 (K) THE DECISION TO APPROVE OR REJECT AN APPLICATION FOR FINANCIAL
40 ASSISTANCE PURSUANT TO THE PROVISIONS OF THIS SUBDIVISION SHALL BE MADE
41 BY THE MUNICIPALITY DESIGNATED TO ADMINISTER THE LOCAL REVOLVING LOAN
42 TRUST FUND ACCOUNT, AND SUCH DECISION SHALL BE FINAL.
43 (L) A MUNICIPALITY DESIGNATED TO ADMINISTER A LOCAL REVOLVING LOAN
44 TRUST FUND ACCOUNT SHALL NOT PROVIDE ANY FINANCIAL ASSISTANCE AUTHORIZED
45 BY THIS SUBDIVISION UNLESS THE FOLLOWING CONDITIONS ARE MET:
46 (I) THE APPLICANT HAS, CONTROLS, OR AT THE TIME OF THE LOAN`S CLOSING
47 WILL CONTROL, AT LEAST FIFTY PERCENT OF THE EQUITY INTEREST IN THE QUAL-
48 IFIED BROWNFIELD SITE FOR WHICH ASSISTANCE IS SOUGHT;
49 (II) THERE IS A REASONABLE PROSPECT OF REPAYMENT;
50 (III) THE PROJECT WILL COMPLY WITH APPLICABLE ENVIRONMENTAL RULES AND
51 REGULATIONS; AND
52 (IV) THERE IS A REASONABLE PROSPECT THAT THE QUALIFIED BROWNFIELD SITE
53 WILL BE REMEDIATED FOLLOWING THE ASSESSMENT OR INVESTIGATION OR THE
54 DEVELOPMENT OF THE REMEDIAL WORK PLAN TO BE ASSISTED BY THE LOAN OR LOAN
55 GUARANTEE.
A. 7512 21
1 (M) A MUNICIPALITY DESIGNATED TO ADMINISTER A LOCAL REVOLVING LOAN
2 TRUST FUND ACCOUNT SHALL SUBMIT ANNUAL REPORTS TO THE CORPORATION
3 DESCRIBING THE FINANCIAL ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVI-
4 SION, INCLUDING:
5 (I) THE NUMBER OF PROJECTS ASSISTED, THE AMOUNT AND TYPE OF ASSISTANCE
6 PROVIDED, AND A DESCRIPTION OF THE PROJECTS; AND
7 (II) SUCH OTHER INFORMATION AS THE CORPORATION MAY REQUIRE.
8 (N) THE CORPORATION SHALL, IN CONSULTATION WITH THE DEPARTMENT OF
9 ECONOMIC DEVELOPMENT AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
10 PROMULGATE RULES AND REGULATIONS IN ACCORDANCE WITH THE STATE ADMINIS-
11 TRATIVE PROCEDURE ACT TO IMPLEMENT THE PROVISIONS OF THE BROWNFIELD SITE
12 INVESTIGATION LOCAL GRANT AND REVOLVING LOAN FUND ESTABLISHED PURSUANT
13 TO THIS SUBDIVISION, AND TO IMPLEMENT SUCH REVOLVING LOAN TRUST FUND
14 ESTABLISHED PURSUANT TO THIS SUBDIVISION, SETTING FORTH PROCEDURES TO BE
15 FOLLOWED BY, AND THE RESPONSIBILITIES AND OBLIGATIONS OF, ENTITIES
16 DESIGNATED TO ADMINISTER LOCAL TRUST FUND ACCOUNTS. NO FUNDS SHALL BE
17 DISBURSED FROM AMOUNTS APPROPRIATED TO IMPLEMENT THE PROVISIONS OF THIS
18 SECTION UNTIL SUCH RULES AND REGULATIONS HAVE BEEN REVIEWED AND APPROVED
19 BY THE COMMISSIONER OF ECONOMIC DEVELOPMENT AND THE DIRECTOR OF THE
20 BUDGET.
21 (6) RECLAIM NEW YORK SECTOR SPECIFIC GRANT ASSISTANCE. (A) GRANTS
22 AWARDED UNDER THIS SUBDIVISION SHALL:
23 (I) BE AWARDED ON A COMPETITIVE BASIS, IN RESPONSE TO REQUESTS FOR
24 PROPOSALS, AND THROUGH DIRECT APPLICATIONS, ACCEPTED AT OTHER TIMES AT
25 THE DISCRETION OF THE CORPORATION, WHICH HAVE BEEN DISTRIBUTED TO LOCAL
26 GOVERNMENTS, COMMUNITY-BASED ORGANIZATIONS, OR PERSONS, INCLUDING ANY
27 INDIVIDUALS, CORPORATIONS, OR FIRMS, OR ANY PARTNERSHIPS BETWEEN OR
28 AMONG SUCH ENTITIES, WHICH ARE IN POSSESSION OR HAVE EFFECTIVE CONTROL
29 OF AN ELIGIBLE QUALIFIED BROWNFIELD SITE OR WHICH HAVE WRITTEN PERMIS-
30 SION FROM THE OWNER OF THE PROPERTY TO CONDUCT THE ASSESSMENT OR INVES-
31 TIGATION OR REMEDIATION WORK PLAN DEVELOPMENT FOR WHICH ASSISTANCE IS
32 BEING SOUGHT.
33 REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET FORTH SUCH
34 INFORMATION REQUIREMENTS AND NOTICE OF EVALUATION CRITERIA AS THE CORPO-
35 RATION DEEMS NECESSARY, CONSISTENT WITH THIS SUBDIVISION AND SUBDIVI-
36 SIONS THREE AND FOUR OF THIS SECTION;
37 (II) NOT EXCEED SEVENTY-FIVE THOUSAND DOLLARS AND, EXCEPT IN EXCEP-
38 TIONAL CIRCUMSTANCES, SHALL BE MORE THAN FIFTY THOUSAND DOLLARS; AND
39 (III) NOT PROVIDE MORE THAN FIFTY PERCENT OF THE COSTS OF THE ASSESS-
40 MENT OR INVESTIGATION OR REMEDIAL WORK PLAN DEVELOPMENT COSTS FOR THE
41 QUALIFIED BROWNFIELD SITE.
42 (B) (I) IN PROVIDING ASSISTANCE UNDER THIS PARAGRAPH, THE CORPORATION
43 SHALL IDENTIFY IN ADVANCE THE INDUSTRY SECTORS WHICH IT ANTICIPATES WILL
44 UTILIZE, WHEN SUCH SITE HAS BEEN REMEDIATED IN ACCORDANCE WITH THE
45 APPLICABLE CLEANUP LEVELS IN TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL
46 CONSERVATION LAW, THE QUALIFIED BROWNFIELD SITES WHICH WILL RECEIVE
47 ASSISTANCE PURSUANT TO THIS SUBDIVISION; AND
48 (II) THE CORPORATION SHALL INCORPORATE INFORMATION ON THE QUALIFIED
49 BROWNFIELD SITES FOR WHICH ASSISTANCE HAS BEEN PROVIDED UNDER THIS
50 SUBDIVISION IN ALL OF ITS PROMOTIONAL AND MARKETING MATERIALS USED TO
51 ATTRACT OR RETAIN INDUSTRIAL OR COMMERCIAL EMPLOYERS IN THE INDUSTRIAL
52 SECTOR TARGETED FOR SUCH SITE OR SITES.
53 (C) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO:
54 (I) PROVIDE FOR THE ASSESSMENT AND INVESTIGATION OF ONE OR MORE INDI-
55 VIDUAL QUALIFIED BROWNFIELD SITES, INCLUDING BUT NOT LIMITED TO EXPENDI-
A. 7512 22
1 TURES FOR PERSONAL SERVICES, NONPERSONAL SERVICES, AND CONTRACTUAL
2 EXPENSES ASSOCIATED WITH:
3 (A) THE DEVELOPMENT OR IMPLEMENTATION OF AN INVESTIGATION AGREEMENT
4 AND WORK PLAN CREATED PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRON-
5 MENTAL CONSERVATION LAW;
6 (B) THE DEVELOPMENT OF A REMEDIATION AGREEMENT AND WORK PLAN CREATED
7 PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION
8 LAW; OR
9 (C) FOR BROWNFIELD SITES AT WHICH AN INVESTIGATION PURSUANT TO TITLE
10 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION LAW INDICATES THAT NO
11 FURTHER INVESTIGATION OR REMEDIATION IS NEEDED, THE PREPARATION OF A
12 FINAL ENGINEERING REPORT;
13 (II) PROVIDE GRANTS FOR FEASIBILITY, PLANNING OR MARKETING STUDIES,
14 SURVEYS, DESIGNS, OR REPORTS TO ASSESS THE ECONOMIC DEVELOPMENT OR REDE-
15 VELOPMENT POTENTIAL OF A SPECIFIC QUALIFIED BROWNFIELD SITE OR SITES AND
16 TO DEVELOP A RE-USE OR REDEVELOPMENT PLAN BASED ON SUCH STUDIES.
17 ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
18 PURSUANT TO A CONTRACT BETWEEN THE GRANT RECIPIENT AND THE CORPORATION.
19 IN ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
20 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE A PROVISION PROVID-
21 ING THAT IF ANY FEDERAL PAYMENTS, RESPONSIBLE PARTY PAYMENTS, OR
22 PAYMENTS RECEIVED FROM THE DISPOSITION OF THE QUALIFIED BROWNFIELD SITE,
23 OR ANY COMBINATION THEREOF, BECOME AVAILABLE TO THE GRANT RECIPIENT, THE
24 AMOUNT OF SUCH PAYMENTS ATTRIBUTABLE TO EXPENSES PAID BY THE GRANT UNDER
25 THIS SUBDIVISION SHALL BE PAID BY THE GRANT RECIPIENT TO THE CORPO-
26 RATION. THE CORPORATION, TO FUND ADDITIONAL GRANTS UNDER THIS SUBDIVI-
27 SION, SHALL USE PAYMENTS RECEIVED BY THE CORPORATION PURSUANT TO THIS
28 PARAGRAPH.
29 (7) BROWNFIELD SITE REMEDIATION PROJECT GRANTS. (A) GRANTS AWARDED
30 UNDER THIS SUBDIVISION SHALL BE AWARDED ON A COMPETITIVE BASIS IN
31 RESPONSE TO REQUESTS FOR PROPOSALS ISSUED BY THE CORPORATION NO LESS
32 FREQUENTLY THAN ANNUALLY FOR THE PURPOSE OF SOLICITING APPLICATIONS OR
33 IN RESPONSE TO DIRECT APPLICATIONS ACCEPTED AT OTHER TIMES AT THE
34 DISCRETION OF THE CORPORATION. REQUESTS FOR PROPOSALS UNDER THIS SUBDI-
35 VISION SHALL SET FORTH SUCH INFORMATION REQUIREMENTS AND NOTICE OF EVAL-
36 UATION CRITERIA AS THE CORPORATION DEEMS NECESSARY, CONSISTENT WITH THIS
37 SUBDIVISION AND WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
38 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO PROVIDE
39 GRANTS TO MUNICIPAL GOVERNMENTS OR COMMUNITY-BASED ORGANIZATIONS FOR THE
40 REMEDIATION AND ECONOMIC REDEVELOPMENT OF ONE OR MORE INDIVIDUAL QUALI-
41 FIED BROWNFIELD SITES, INCLUDING BUT NOT LIMITED TO EXPENDITURES FOR
42 PERSONAL SERVICES, NONPERSONAL SERVICES, AND CONTRACTUAL EXPENSES ASSO-
43 CIATED WITH:
44 (I) THE DEVELOPMENT OF A REMEDIATION AGREEMENT AND WORK PLAN CREATED
45 PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION
46 LAW;
47 (II) IMPLEMENTATION OF THE WORK PLAN AND REMEDIATION OF THE SITE TO
48 APPLICABLE CLEANUP LEVELS PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE
49 ENVIRONMENTAL CONSERVATION LAW; AND
50 (III) IMPLEMENTATION OF ECONOMIC DEVELOPMENT OR REDEVELOPMENT PLANS
51 FOR THE SPECIFIC QUALIFIED BROWNFIELD SITE OR SITES AT WHICH A REMEDI-
52 ATION IS TO BE ACCOMPLISHED.
53 (C) ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
54 PURSUANT TO A CONTRACT BETWEEN THE GRANT RECIPIENT AND THE CORPORATION.
55 IN ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
56 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE A PROVISION PROVID-
A. 7512 23
1 ING THAT IF ANY FEDERAL PAYMENTS, RESPONSIBLE PARTY PAYMENTS, OR
2 PAYMENTS RECEIVED FROM THE DISPOSITION OF THE QUALIFIED BROWNFIELD SITE,
3 OR ANY COMBINATION THEREOF, BECOME AVAILABLE TO THE GRANT RECIPIENT, THE
4 AMOUNT OF SUCH PAYMENTS ATTRIBUTABLE TO EXPENSES PAID BY THE GRANT UNDER
5 THIS SUBDIVISION SHALL BE PAID BY THE GRANT RECIPIENT TO THE CORPO-
6 RATION. THE CORPORATION, TO FUND ADDITIONAL GRANTS UNDER THIS SUBDIVI-
7 SION, SHALL USE PAYMENTS RECEIVED BY THE CORPORATION PURSUANT TO THIS
8 PARAGRAPH.
9 (8) BROWNFIELD SITE REMEDIATION PROJECT REVOLVING LOAN FUND. (A) THE
10 CORPORATION SHALL ESTABLISH A FUND TO BE KNOWN AS THE "BROWNFIELD SITE
11 REMEDIATION REVOLVING LOAN FUND" AND SHALL PAY INTO SUCH FUND ANY MONEYS
12 MADE AVAILABLE TO THE CORPORATION FOR SUCH FUND FROM ANY SOURCE, INCLUD-
13 ING MONEYS APPROPRIATED BY THE STATE AND ANY INCOME EARNED BY, OR INCRE-
14 MENT TO, THE ACCOUNT DUE TO THE INVESTMENT THEREOF, OR ANY REPAYMENT OF
15 MONEYS ADVANCED FROM THE FUND. THE MONEYS HELD IN OR CREDITED TO THE
16 FUND SHALL BE EXPENDED SOLELY FOR THE PURPOSE SET FORTH IN THIS SUBDIVI-
17 SION. THE CORPORATION SHALL NOT COMMINGLE THE MONEYS OF SUCH FUND WITH
18 ANY OTHER MONEYS OF THE CORPORATION OR ANY MONEYS HELD IN TRUST BY THE
19 CORPORATION.
20 (B) THE CORPORATION SHALL ALLOCATE ANY MONEYS MADE AVAILABLE FOR SUCH
21 FUND TO PROVIDE LOANS TO QUALIFYING APPLICANTS FOR THE DEVELOPMENT AND
22 IMPLEMENTATION OF REMEDIATION WORK PLANS FOR QUALIFIED BROWNFIELD SITES
23 PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION
24 LAW, AND FOR THE IMPLEMENTATION OF ECONOMIC REDEVELOPMENT OR REVITALIZA-
25 TION PLANS FOR SUCH SITE AFTER THE COMPLETION OF SUCH REMEDIATION
26 PROJECT.
27 (C) AN APPLICANT IS ELIGIBLE TO SEEK ASSISTANCE UNDER THIS SUBDIVISION
28 IF THE APPLICANT IS A MUNICIPAL GOVERNMENT, A COMMUNITY-BASED ORGANIZA-
29 TION, OR A PERSON, INCLUDING ANY INDIVIDUAL, CORPORATION, OR FIRM, OR
30 ANY PARTNERSHIP BETWEEN OR AMONG SUCH ENTITIES, WHICH IS IN POSSESSION
31 OF, HAS, OR WILL HAVE AT THE TIME OF THE LOAN`S CLOSING, EFFECTIVE
32 CONTROL OF AN ELIGIBLE QUALIFIED BROWNFIELD SITE.
33 (D) A LOAN MAY BE MADE UNDER THIS SUBDIVISION FOR A PORTION OF THE
34 COSTS OF THE REMEDIAL WORK OR ECONOMIC REDEVELOPMENT OR REDEVELOPMENT
35 FOR A QUALIFIED BROWNFIELD SITE; PROVIDED HOWEVER, THAT NO LOAN SHALL
36 PROVIDE MORE THAN FIFTY PERCENT OF SUCH COSTS.
37 (E) THE MAXIMUM INTEREST RATE ON SUCH LOAN SHALL BE NO MORE THAN ONE
38 PERCENT ABOVE THE INTEREST RATE ESTABLISHED FOR THE ISSUANCE OF GENERAL
39 OBLIGATION DEBT OF THE STATE OF NEW YORK WHICH IMMEDIATELY PRECEDES SUCH
40 LOAN, AND THE TERM OF A LOAN SHALL END WITH DATE OF THE ISSUANCE OF
41 PERMANENT PROJECT FINANCING FOR THE REDEVELOPMENT OF THE QUALIFIED
42 BROWNFIELD SITE OR THE DATE ONE YEAR AFTER THE COMPLETION OF THE REMEDI-
43 ATION PROJECT, WHICHEVER IS LATER.
44 (F) EACH APPLICATION FOR ASSISTANCE UNDER THIS SUBDIVISION SHALL
45 INCLUDE SUCH INFORMATION AS THE CORPORATION SHALL BY REGULATION REQUIRE
46 AND SHALL INCLUDE, BUT IS NOT LIMITED TO:
47 (I) A DEMONSTRATION BY THE APPLICANT OF THE AVAILABILITY OF THE FUNDS
48 FOR THE COSTS OF THE PROJECT WHICH WILL NOT BE FINANCED BY THE LOAN
49 UNDER THIS SUBDIVISION; AND
50 (II) A FINANCIAL PLAN FOR THE RE-USE OR REVITALIZATION OF THE QUALI-
51 FIED BROWNFIELD SITE, INCLUDING AN ESTIMATE OF THE VIABILITY OF ECONOMIC
52 USE OF THE SITE AFTER THE REMEDIATION IS COMPLETED, AND THE PROJECTED
53 ECONOMIC AND SOCIAL BENEFITS TO THE COMMUNITY FROM THE RE-USE OF THE
54 SITE.
55 (9) COMMUNITY-BASED ORGANIZATION GRANTS FOR COMMUNITY FACILITIES AT
56 BROWNFIELD SITES. (A) GRANTS AWARDED UNDER THIS SUBDIVISION SHALL BE
A. 7512 24
1 AWARDED ON A COMPETITIVE BASIS, IN RESPONSE TO REQUESTS FOR PROPOSALS
2 ISSUED BY THE CORPORATION FOR THE PURPOSE OF SOLICITING APPLICATIONS.
3 REQUESTS FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET FORTH SUCH
4 INFORMATION REQUIREMENTS AND NOTICE OF EVALUATION CRITERIA AS THE CORPO-
5 RATION DEEMS NECESSARY, CONSISTENT WITH THIS SUBDIVISION AND WITH SUBDI-
6 VISIONS THREE AND FOUR OF THIS SECTION.
7 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO PROVIDE
8 GRANTS TO COMMUNITY-BASED ORGANIZATIONS FOR THE REMEDIATION AND REDEVEL-
9 OPMENT OF ONE OR MORE INDIVIDUAL QUALIFIED BROWNFIELD SITES, INCLUDING
10 BUT NOT LIMITED TO EXPENDITURES FOR PERSONAL SERVICES, NONPERSONAL
11 SERVICES, AND CONTRACTUAL EXPENSES ASSOCIATED WITH:
12 (I) THE DEVELOPMENT OF A REMEDIATION AGREEMENT AND WORK PLAN CREATED
13 PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSERVATION
14 LAW;
15 (II) IMPLEMENTATION OF THE WORK PLAN AND COMPLETION OF THE REMEDIATION
16 PROJECT PURSUANT TO TITLE 14 OF ARTICLE 27 OF THE ENVIRONMENTAL CONSER-
17 VATION LAW; AND
18 (III) THE DEVELOPMENT OR REDEVELOPMENT OF THE QUALIFIED BROWNFIELD
19 SITE OR SITES AT WHICH A REMEDIATION PROJECT WILL BE COMPLETED OR AREAS
20 IN THE VICINITY OF SUCH SITES TO PROVIDE COMMUNITY FACILITIES, WHICH MAY
21 INCLUDE BUT ARE NOT LIMITED TO SCHOOLS, DAY CARE CENTERS, OR EARLY
22 CHILDHOOD CENTERS; HEALTH CARE FACILITIES; CULTURAL, YOUTH, AND RECRE-
23 ATIONAL FACILITIES; WORKER TRAINING OR ADULT EDUCATION FACILITIES; TECH-
24 NOLOGY CENTERS; OR OPEN SPACE PROJECTS.
25 (C) ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
26 PURSUANT TO A CONTRACT BETWEEN THE GRANT RECIPIENT AND THE CORPORATION.
27 IN ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
28 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE A PROVISION PROVID-
29 ING THAT IF ANY FEDERAL PAYMENTS, RESPONSIBLE PARTY PAYMENTS, OR
30 PAYMENTS RECEIVED FROM THE DISPOSITION OF THE QUALIFIED BROWNFIELD SITE,
31 OR ANY COMBINATION THEREOF, BECOME AVAILABLE TO THE GRANT RECIPIENT, THE
32 AMOUNT OF SUCH PAYMENTS ATTRIBUTABLE TO EXPENSES PAID BY THE GRANT UNDER
33 THIS SUBDIVISION SHALL BE PAID BY THE GRANT RECIPIENT TO THE CORPO-
34 RATION. THE CORPORATION, TO FUND ADDITIONAL GRANTS UNDER THIS SUBDIVI-
35 SION, SHALL USE PAYMENTS RECEIVED BY THE CORPORATION PURSUANT TO THIS
36 PARAGRAPH.
37 (10) START-UP CAPITAL GRANTS FOR NOT-FOR-PROFIT LAND RE-USE FOUNDA-
38 TIONS. (A) GRANTS AWARDED UNDER THIS SUBDIVISION SHALL BE AWARDED ON A
39 COMPETITIVE BASIS, IN RESPONSE TO A SINGLE REQUEST FOR PROPOSALS ISSUED
40 BY THE CORPORATION FOR THE PURPOSE OF SOLICITING APPLICATIONS AND ISSUED
41 WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS SUBDIVI-
42 SION. SUCH REQUEST FOR PROPOSALS SHALL REQUEST INFORMATION FROM APPLI-
43 CANTS AS TO THEIR PLANS TO ACHIEVE THE GOALS OF DEVELOPING THE CAPACITY
44 OF NONPROFIT ASSOCIATIONS AND MUNICIPALITIES TO UNDERTAKE ENVIRON-
45 MENTALLY ACCOUNTABLE, FISCALLY RESPONSIBLE, AND INNOVATIVE REMEDIATION
46 EFFORTS, AS WELL AS PROVIDING DIRECT SUPPORT FOR BROWNFIELD SITES THAT
47 ARE FOR GENERAL PUBLIC USE SUCH AS PARKS AND COMMUNITY FACILITIES. THE
48 REQUEST FOR PROPOSALS UNDER THIS SUBDIVISION SHALL SET FORTH SUCH INFOR-
49 MATION REQUIREMENTS AND NOTICE OF EVALUATION CRITERIA AS THE CORPORATION
50 DEEMS NECESSARY, CONSISTENT WITH THIS SUBDIVISION AND WITH SUBDIVISIONS
51 THREE AND FOUR OF THIS SECTION.
52 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO PROVIDE
53 A START-UP CAPITAL GRANT TO ONE OR MORE, BUT NO MORE THAN THREE,
54 NOT-FOR-PROFIT LAND RE-USE FOUNDATIONS TO PROVIDE WORKING CAPITAL FOR
55 SUCH FOUNDATIONS` WORK IN FACILITATING THE SUCCESSFUL IMPLEMENTATION OF
56 LOCAL PROJECTS FOR THE REMEDIATION AND REUSE OF QUALIFIED BROWNFIELD
A. 7512 25
1 SITES AND IN DEVELOPING LOCAL CAPABILITIES AND EXPERTISE TO SUPPORT THE
2 INITIATION AND DEVELOPMENT OF SUCH PROJECTS.
3 (C) ASSISTANCE PROVIDED PURSUANT TO THIS SUBDIVISION SHALL BE PROVIDED
4 PURSUANT TO A CONTRACT BETWEEN CORPORATION AND THE GRANT RECIPIENT. IN
5 ADDITION TO SUCH OTHER TERMS AND CONDITIONS THAT THE CORPORATION MAY
6 DEEM TO BE APPROPRIATE, SUCH CONTRACT SHALL INCLUDE PROVISIONS PROVIDING
7 THAT:
8 (I) THE APPLICANT AGREES TO PROVIDE, UPON REASONABLE NOTICE, ACCESS TO
9 ANY AND ALL OF ITS BOOKS AND RECORDS FOR THE PURPOSE OF AUDITING ITS
10 COMPLIANCE WITH THE TERMS OF THE AGREEMENT;
11 (II) THE APPLICANT IS UNDER NO CONTRACTUAL OBLIGATION TO REPAY TO THE
12 CORPORATION ANY OF THE MONIES WHICH ARE RECEIVED UNDER THE CONTRACT; AND
13 (III) IN THE EVENT THAT THE APPLICANT ELECTS TO RETURN TO THE CORPO-
14 RATION THE MONIES PROVIDED TO IT UNDER THE CONTRACT, UPON THE RETURN OF
15 SUCH MONIES, THE APPLICANT SHALL HAVE NO FURTHER OBLIGATIONS UNDER THE
16 CONTRACT. IN THE EVENT THAT MONIES PAID BY THE CORPORATION UNDER
17 CONTRACTS PURSUANT TO THIS SUBDIVISION ARE THEREAFTER RETURNED TO THE
18 CORPORATION, SUCH MONIES SHALL BE USED BY THE CORPORATION TO FUND ADDI-
19 TIONAL GRANTS IN ONE OR MORE SUPPLEMENTAL REQUESTS FOR PROPOSALS UNDER
20 THIS SUBDIVISION.
21 (11) BROWNFIELDS REDEVELOPMENT TAX CREDIT ELIGIBILITY CERTIFICATES.
22 (A) CERTIFICATES AWARDED UNDER THIS SUBDIVISION SHALL BE AWARDED ON A
23 FIRST-COME-FIRST-SERVED BASIS, IN RESPONSE TO REQUESTS FOR APPLICATIONS
24 AND THROUGH DIRECT APPLICATIONS ACCEPTED AT OTHER TIMES AT THE
25 DISCRETION OF THE CORPORATION. APPLICATIONS UNDER THIS SUBDIVISION SHALL
26 SET FORTH SUCH INFORMATION AS THE CORPORATION DEEMS NECESSARY, CONSIST-
27 ENT WITH SUBDIVISIONS THREE AND FOUR OF THIS SECTION.
28 (B) THE CORPORATION IS AUTHORIZED, UNDER THIS SUBDIVISION, TO PROVIDE
29 CERTIFICATES FOR TAX CREDITS PURSUANT TO SECTIONS 21 AND 25 OF THE TAX
30 LAW. SUCH CERTIFICATES SHALL SPECIFY THE MAXIMUM AMOUNT OF THE CREDIT
31 AVAILABLE FOR THE ELIGIBLE COSTS ASSOCIATED WITH THE PROPOSED REMEDI-
32 ATION OF THE BROWNFIELD SITE WITH RESPECT TO WHICH THE CERTIFICATE IS
33 ISSUED; PROVIDED, HOWEVER, THAT THE AMOUNT OF TAX CREDIT IDENTIFIED AND
34 AUTHORIZED BY A CERTIFICATE PURSUANT TO THIS SUBDIVISION SHALL BE LIMIT-
35 ED TO THE REASONABLY ANTICIPATED COSTS OF REMEDIATION AT SUCH BROWNFIELD
36 SITE. THE TOTAL AMOUNT OF SUCH CERTIFICATES PROVIDED BY THE CORPORATION
37 IN ANY CALENDAR YEAR SHALL NOT EXCEED FIFTY MILLION DOLLARS.
38 (12) APPLICATIONS. EACH APPLICATION FOR GRANT, LOAN, OR PURCHASE
39 AGREEMENT ASSISTANCE OR A CERTIFICATE OF BROWNFIELDS REDEVELOPMENT TAX
40 CREDIT ELIGIBILITY UNDER ANY SUBDIVISION OF THIS SECTION SHALL BE MADE
41 IN SUCH FORM AND MANNER AS IS DETERMINED BY THE CORPORATION. EACH SUCH
42 APPLICATION SHALL SET FORTH INFORMATION CONCERNING:
43 (A) FACTORS OF ECONOMIC DISTRESS IN THE VICINITY OF THE BROWNFIELD
44 SITE WHICH WOULD, WITH ASSISTANCE UNDER THIS SECTION, BE ASSESSED,
45 INVESTIGATED, OR REMEDIATED, EXCEPT THAT, FOR APPLICATIONS FOR ASSIST-
46 ANCE UNDER SUBDIVISION THIRTEEN OF THIS SECTION, THE APPLICATION SHALL
47 DESCRIBE THE FACTORS OF ECONOMIC DISTRESS THAT WOULD GUIDE THE TARGETING
48 OF ASSISTANCE FROM THE APPLICANT;
49 (B) THE EXTENT OF SUPPORT FOR AND INVOLVEMENT IN THE PROGRAM OR
50 PROJECT:
51 (I) FROM UNITS OF LOCAL GOVERNMENT AND OWNERS OF BROWNFIELD SITES IN
52 THE VICINITY OF THE SITE FOR WHICH ASSISTANCE IS BEING SOUGHT OR IN THE
53 SAME LAND RE-USE OPPORTUNITY AREA,
54 (II) FROM LOCAL COMMUNITY-BASED ORGANIZATIONS, RESIDENTS, AND WORKERS
55 IN THE VICINITY OF THE BROWNFIELD SITE FOR WHICH ASSISTANCE IS BEING
56 SOUGHT; AND
A. 7512 26
1 (III) FROM THE LOCAL BUSINESS COMMUNITY AND LOCAL ECONOMIC DEVELOPMENT
2 PROFESSIONALS IN THAT VICINITY, EXCEPT THAT, FOR APPLICATIONS FOR
3 ASSISTANCE UNDER SUBDIVISION THIRTEEN OF THIS SECTION, THE APPLICATIONS
4 SHALL INDICATE THE MANNER IN WHICH THE INPUT OF LOCAL GOVERNMENTS,
5 BROWNFIELD SITE OWNERS, LOCAL COMMUNITY-BASED ORGANIZATIONS, RESIDENTS,
6 WORKERS, AND LOCAL BUSINESSES AND ECONOMIC DEVELOPMENT PROFESSIONALS
7 WILL BE INCORPORATED INTO THE APPLICANT`S DECISION-MAKING PROCESS; AND
8 (C) FOR APPLICATIONS UNDER EACH PARTICULAR SUBDIVISION OF THIS
9 SECTION, SUCH OTHER INFORMATION AS THE CORPORATION REQUIRES FOR EACH
10 SUCH APPLICATION.
11 (13) PREFERENCE. APPLICATIONS SHALL BE EVALUATED AND RANKED BY THE
12 CORPORATION OR, IN THE CASE OF LOANS PROVIDED UNDER THE PROGRAM ESTAB-
13 LISHED BY SUBDIVISION FIVE OF THIS SECTION, BY THE ENTITY ADMINISTERING
14 THE LOCAL REVOLVING TRUST FUND WHICH IS THE SOURCE OF ASSISTANCE, USING
15 CRITERIA CONSISTENT WITH THIS SECTION AND ITS GOALS AND OBJECTIVES.
16 PREFERENCE SHALL BE GRANTED TO APPLICATIONS SEEKING ASSISTANCE FOR
17 BROWNFIELD SITES WHICH:
18 (A) ARE LOCATED IN HIGHLY DISTRESSED COMMUNITIES;
19 (B) ARE LOCATED IN LAND RE-USE OPPORTUNITY AREAS FOR WHICH A LAND
20 RE-USE OPPORTUNITY AREA PLAN HAS BEEN ACCEPTED BY THE COMMISSIONER OF
21 ECONOMIC DEVELOPMENT, SUCH THAT THE PROGRAM REFLECTS AN INTENT THAT:
22 (I) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS DISTRIBUTED PURSU-
23 ANT TO SUBDIVISION FIVE OF THIS SECTION;
24 (II) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS DISTRIBUTED PURSU-
25 ANT TO SUBDIVISION SIX OF THIS SECTION;
26 (III) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS DISTRIBUTED OR
27 LOANED PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION;
28 (IV) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS DISTRIBUTED OR
29 LOANED PURSUANT TO SUBDIVISION TEN OF THIS SECTION;
30 (V) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS LENT PURSUANT TO
31 SUBDIVISION ELEVEN OF THIS SECTION; AND
32 (VI) NO LESS THAN SEVENTY-FIVE PERCENT OF THE FUNDS DISBURSED FOR
33 BROWNFIELDS REDEVELOPMENT TAX CREDIT PURCHASE AGREEMENTS SHALL BE USED
34 FOR OR RELATED TO THE REDEVELOPMENT OF BROWNFIELD SITES LOCATED IN SUCH
35 AREAS PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
36 (C) WHEN REDEVELOPED, WILL DEMONSTRATE STRONG POTENTIAL TO GENERATE
37 INCREASED OR ENHANCED EMPLOYMENT AND ECONOMIC DEVELOPMENT OPPORTUNITIES
38 OR STIMULATE SUSTAINABLE DEVELOPMENT AT THAT SITE OR IN THE VICINITY OF
39 THAT SITE;
40 (D) ARE LOCATED IN AREAS TARGETED BY LOCAL OR STATE REVITALIZATION
41 PLANS OR INITIATIVES;
42 (E) FOR APPLICATIONS FOR ASSISTANCE UNDER SUBDIVISIONS SIX AND SEVEN
43 OF THIS SECTION:
44 (I) ARE BEING DEVELOPED BY AN APPLICANT WHICH IS A NOT-FOR-PROFIT
45 CORPORATION OR BY AN APPLICANT WHICH DEMONSTRATES THAT IT WILL BE WORK-
46 ING COOPERATIVELY WITH COMMUNITY-BASED ORGANIZATIONS BASED IN THE VICIN-
47 ITY OF THE BROWNFIELD SITE; AND
48 (II) ARE OR WILL BE THE SUBJECT OF VOLUNTARY INVESTIGATION AND, WHERE
49 REQUIRED, REMEDIATION AGREEMENTS PURSUANT TO TITLE 14 OF ARTICLE 27 OF
50 THE ENVIRONMENTAL CONSERVATION LAW;
51 (F) FOR APPLICATIONS FOR ASSISTANCE UNDER SUBDIVISION NINE OF THIS
52 SECTION:
53 (I) ARE OR WILL BE, ONCE REMEDIATION IS COMPLETE, SUITABLE FOR RE-USE
54 BY AND WILL CONTRIBUTE TO THE ECONOMIC SUCCESS OF BUSINESSES IN THE
55 INDUSTRIAL SECTOR WHICH THE CORPORATION HAS TARGETED FOR SUCH SITE; AND
A. 7512 27
1 (II) ARE SITES FOR WHICH A PRELIMINARY SITE ASSESSMENT OR PHASE ONE
2 INVESTIGATION OF THE SITE HAS BEEN COMPLETED IN ACCORDANCE WITH PARA-
3 GRAPH A OF SUBDIVISION 2 OF SECTION 27-1403 OF THE ENVIRONMENTAL CONSER-
4 VATION LAW.
5 (G) FOR APPLICATIONS FOR ASSISTANCE UNDER SUBDIVISIONS TEN, ELEVEN,
6 AND TWELVE OF THIS SECTION:
7 (I) ARE SITES FOR WHICH THE PROPOSED REMEDIATION AND REDEVELOPMENT
8 WILL ADDRESS COMMUNITY NEEDS FOR IMPROVED HOUSING AND ECONOMIC DEVELOP-
9 MENT OPPORTUNITIES, OPEN SPACE, OR PUBLIC FACILITIES;
10 (II) ARE OR WILL BE FULLY UNDER THE APPLICANT`S CONTROL;
11 (III) ARE SUPPORTED BY DEMONSTRATED COMMITMENTS OF RESOURCES TOWARDS
12 THE REMEDIATION AND ECONOMIC REDEVELOPMENT OF THE BROWNFIELD SITE AND
13 ITS VICINITY;
14 (IV) ARE SITES FOR WHICH A GRANT OR LOAN OF FUNDS FOR NO MORE THAN
15 FIFTY PERCENT OF THE COSTS OF THE REMEDIATION AND REDEVELOPMENT IS
16 SOUGHT; AND
17 (V) FOR APPLICATIONS MADE PURSUANT TO SUBDIVISION TWELVE OF THIS
18 SECTION, ARE SUPPORTED BY A DEMONSTRATION OF SUFFICIENT INCOME GENER-
19 ATION OR ONGOING FINANCIAL SUPPORT TO SUSTAIN THE ANNUAL OPERATING
20 EXPENSES OF THE COMMUNITY FACILITY;
21 (H) FOR APPLICATIONS MADE PURSUANT TO THIS SUBDIVISION, ADDITIONAL
22 PREFERENCE WILL BE GRANTED BASED UPON:
23 (I) THE MULTIPLE BY WHICH THE FUNDS WHICH THE APPLICANT WILL RAISE
24 FROM NON-PUBLIC SOURCES EXCEEDS THE ANTICIPATED ASSISTANCE UNDER THIS
25 SUBDIVISION;
26 (II) THE APPLICANT`S EXPERIENCE IN RAISING FUNDS FROM NON-PUBLIC
27 SOURCES AND THE STRENGTH OF THE COMMITMENTS WHICH THE APPLICANT DEMON-
28 STRATES FOR FUTURE FUNDING FROM NON-PUBLIC SOURCES;
29 (III) THE LIMITS ON ADMINISTRATIVE EXPENSES UNDER WHICH THE APPLICANT
30 ANTICIPATES OPERATING; &nbs
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