Bill S4998A-2013

Prohibits special assessments on hazardous wastes generated at a brownfield site administered voluntarily by a city, town, village or county

Relates to hazardous waste program fees and special assessments on hazardous wastes generated.



  • Jun 17, 2013: PRINT NUMBER 4998A



TITLE OF BILL: An act to amend the environmental conservation law, in relation to prohibiting special assessments on hazardous wastes generated by certain sites


This Proposal would waive payment of State hazardous waste fees for sites participating in a municipal voluntary cleanup program that is subject to a memorandum of understanding with the Department of Environmental Conservation.


Under both local law and a memorandum, of understanding with the State Department of Environmental Conservation, the City of New York operates a voluntary brownfield cleanup program. The City voluntary cleanup program is modeled closely on the State brownfield program and it offers property owners and developers who agree to remediate sites to State cleanup standards. liability protection, City grants and other incentives. To date, the City, working closely with the Department of Environmental Conservation, has approved remedies for 86 properties, bringing needed jobs, investment and revitalization to communities across the City.

Under the memorandum of understanding with the Department of Environmental Conservation, the City program enrolls properties with light to moderate levels of contamination. Nonetheless, a relative handful of sites in the City program, when excavating soil for offsite disposal, encounter hazardous waste which is then excavated and disposed of offsite at permitted facilities. Because hazardous waste is generated, site owners are assessed the state hazardous waste fee of $130 per ton, which can amount to tens of thousands of dollars in unanticipated project costs.

As a matter of policy, the State hazardous waste fee appropriately discourages the generation of hazardous waste. However, when the fee is applied to parties who volunteer to participate in a government-run cleanup program, it provides a disincentive for property owners to remediate their sites. Because of this, sites in the State brownfield program are exempt from State hazardous waste fees. This amendment would extend the waiver of hazardous waste fees to sites in the City cleanup program. Any lost revenue to the State from the waiver would likely be made up in income and sales tax generated from developments that are built on sites remediated through the City cleanup program.

Effective Date: Immediately


STATE OF NEW YORK ________________________________________________________________________ 4998--A 2013-2014 Regular Sessions IN SENATE May 3, 2013 ___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation -- reported favorably from said committee and committed to the Commit- tee on Finance -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the environmental conservation law, in relation to prohibiting special assessments on hazardous wastes generated by certain sites THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 27-0923 of the environmental conservation law is amended by adding a new paragraph g to read as follows: G. NO SPECIAL ASSESSMENT SHALL BE IMPOSED UNDER THIS SECTION ON HAZARDOUS WASTE GENERATED BY A PROJECT AT A "BROWNFIELD SITE" PROVIDED THAT THE "APPLICANT" IS A "VOLUNTEER" AND THE "REMEDIAL PROGRAM" IS ADMINISTERED BY A CITY, TOWN, VILLAGE OR COUNTY AND COMPLIES WITH THE REMEDIAL PROGRAM REQUIREMENTS OF THE BROWNFIELD CLEANUP PROGRAM AS SUCH TERMS ARE DEFINED IN SECTION 27-1405 OF THIS ARTICLE PROVIDED FURTHER THAT SUCH PROJECT IS SOLELY CONDUCTED FOR THE PURPOSE AND RESULTS IN THE DEVELOPMENT OF LOW-INCOME HOUSING AND THE REMEDIAL PROGRAM IS SUBJECT TO A MEMORANDUM OF UNDERSTANDING WITH THE DEPARTMENT THAT IS MEMORIALIZED BY THE STATE LEGISLATURE BY SPECIAL OR GENERAL LAW. FOR THE PURPOSES OF THIS SECTION LOW-INCOME HOUSING SHALL MEAN HOUSING FOR INDIVIDUALS AT EIGHTY PERCENT OR LESS OF THE AREA MEDIAN INCOME FOR METROPOLITAN STATISTICAL AREA. S 2. Subparagraph (vii) of paragraph d of subdivision 1 of section 72-0402 of the environmental conservation law, as amended by chapter 99 of the laws of 2010, is amended and a new subparagraph (viii) is added to read as follows:
(vii) under an environmental restoration project state assistance contract with the department pursuant to section 56-0503 of this chap- ter[.]; OR (VIII) PURSUANT TO PARAGRAPH G OF SUBDIVISION ONE OF SECTION 27-0923 OF THIS CHAPTER. S 3. The memorandum of agreement between the New York state department of environmental conservation and the New York City Office of Environ- mental Remediation providing the New York City Mayor's Office of Envi- ronmental Remediation with the authority to create and operate the New York City Local Brownfield Cleanup Program, signed on May 11, 2009, and such terms as they existed as of such date and any extension of time thereto is hereby memorialized, ratified and validated by the Legisla- ture for the purpose of section 27-0923 of the environmental conserva- tion law. S 4. This act shall take effect April 1, 2014.


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