Senate Bill S881

2015-2016 Legislative Session

Relates to eligibility for acceptance into the brownfield cleanup program; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-S881 (ACTIVE) - Details

Current Committee:
Senate Environmental Conservation
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1405, 27-1407, 27-1411, 27-1419, 27-1423, 27-1429 & 27-1431, rpld & add §27-1409, En Con L; add §16-x, UDC Act; amd §§21 & 171-r, rpld §21 sub (a) ¶3-a sub¶ (D), Tax L; amd §970-r, Gen Muni L
Versions Introduced in Other Legislative Sessions:
2009-2010: S8071
2011-2012: S2696
2013-2014: S724

2015-S881 (ACTIVE) - Summary

Relates to eligibility for acceptance into the brownfield cleanup program; relates to the assignment of brownfield redevelopment tax credits.

2015-S881 (ACTIVE) - Sponsor Memo

2015-S881 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   881

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             January 7, 2015
                               ___________

Introduced  by  Sen.  AVELLA -- read twice and ordered printed, and when
  printed to be committed to the Committee on Environmental Conservation

AN ACT to amend the environmental conservation law,  the  tax  law,  the
  general  municipal law, and chapter 174 of the laws of 1968 constitut-
  ing the New York state urban development corporation act, in  relation
  to  eligibility for acceptance into the brownfield cleanup program and
  assignment of the brownfield redevelopment tax credits  provided  with
  respect to such program; and to repeal certain provisions of the envi-
  ronmental conservation law and the tax law relating thereto

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions 2 and 4 of section  27-1405  of  the  environ-
mental conservation law, subdivision 2 as amended by section 2 of part A
of chapter 577 of the laws of 2004 and subdivision 4 as added by section
1  of  part  A  of chapter 1 of the laws of 2003, are amended to read as
follows:
  2. "Brownfield site" or "site" shall  mean  any  real  property[,  the
redevelopment  or  reuse  of which may be complicated by the presence or
potential presence of] WHERE a contaminant IS KNOWN  TO  BE  PRESENT  AT
LEVELS  EXCEEDING  APPLICABLE HEALTH-BASED OR ENVIRONMENTAL STANDARDS OR
IS REASONABLY EXPECTED TO BE PRESENT BASED  ON  HISTORIC  COMMERCIAL  OR
INDUSTRIAL USE OF THE SITE AS ESTABLISHED BY A PHASE I REPORT AS DEFINED
IN  REGULATIONS  PROMULGATED  BY  THE  DEPARTMENT.   Such term shall not
include real property:
  (a) listed in the registry of inactive hazardous waste disposal  sites
under section 27-1305 of this article at the time of application to this
program  and  given a classification as described in subparagraph one or
two of paragraph b of subdivision two of section 27-1305 of  this  arti-
cle;  provided, however except until July first, two thousand five, real
property listed in the registry of  inactive  hazardous  waste  disposal
sites  under  subparagraph  two  of  paragraph  b  of subdivision two of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01957-02-5
              

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