S T A T E O F N E W Y O R K
________________________________________________________________________
3505
2017-2018 Regular Sessions
I N A S S E M B L Y
January 27, 2017
___________
Introduced by M. of A. BRINDISI, GUNTHER, LUPARDO, FAHY, McDONALD, RYAN,
TITONE, WOERNER, ORTIZ, MURRAY, PALMESANO, RAIA -- Multi-Sponsored by
-- M. of A. CROUCH, DiPIETRO, GALEF, SIMON -- read once and referred
to the Committee on Environmental Conservation
AN ACT to amend the general municipal law, in relation to the brownfield
opportunity area program
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph d of subdivision 1 of section 970-r of the gener-
al municipal law, as amended by section 1 of part F of chapter 577 of
the laws of 2004, is amended to read as follows:
d. "Brownfield" OR "BROWNFIELD site" shall have the same meaning as
set forth in section 27-1405 of the environmental conservation law.
§ 2. The subdivision heading of subdivision 2 of section 970-r of the
general municipal law, as added by section 1 of part F of chapter 1 of
the laws of 2003, is amended to read as follows:
[State] UNTIL JULY FIRST, TWO THOUSAND EIGHTEEN, STATE assistance IN
ACCORDANCE WITH THIS SUBDIVISION WILL BE AVAILABLE for pre-nomination
study for brownfield opportunity areas.
§ 3. Paragraphs a, b, and i of subdivision 3 of section 970-r of the
general municipal law, paragraph a as amended by section 28 of part BB
of chapter 56 of the laws of 2015 and paragraphs b and i as amended by
chapter 390 of the laws of 2008, are amended and a new paragraph j is
added to read as follows:
a. Within the limits of appropriations therefor, the secretary is
authorized to provide, on a competitive basis, financial assistance to
municipalities, to community based organizations, to community boards,
or to municipalities and community based organizations acting in cooper-
ation to prepare a nomination for designation of a brownfield opportu-
nity area. Such financial assistance shall not exceed ninety percent of
the costs of such nomination for any such area. A nomination study must
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01046-01-7
A. 3505 2
include sufficient information to designate the brownfield opportunity
area. [The contents of the nomination study shall be developed based on
pre-nomination study information, which shall principally consist of an
area-wide study, documenting the historic brownfield uses in the area
proposed for designation.]
b. An application for such financial assistance shall include an indi-
cation of support from owners of brownfield sites in the proposed brown-
field opportunity area, OR ALTERNATIVELY, DOCUMENTATION OF REQUESTS FOR
SUCH SUPPORT CONSISTING OF AT LEAST TWO MEANS OF OUTREACH TOGETHER WITH
ANY RESPONSES TO SUCH REQUESTS. All residents and property owners in
the proposed brownfield opportunity area shall receive notice OF THE
APPLICATION FOR ASSISTANCE in such form and manner as the secretary
shall prescribe.
i. [Following] FOR APPLICATIONS FOR ASSISTANCE SUBMITTED TO THE
DEPARTMENT BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN, FOLLOWING notifica-
tion to the applicant that assistance has been awarded, and prior to
disbursement of funds, a contract shall be executed between the depart-
ment and the applicant or co-applicants. The secretary shall establish
terms and conditions for such contracts as the secretary deems appropri-
ate, including provisions to define: applicant's work scope, work sched-
ule, and deliverables; fiscal reports on budgeted and actual use of
funds expended; and requirements for submission of a final fiscal
report. The contract shall also require the distribution of work
products to the department, and, for community based organizations, to
the applicant's municipality. Applicants shall be required to make the
results publicly available. [Such contract shall further include a
provision providing that if]
J. FOR APPLICATIONS FOR ASSISTANCE SUBMITTED ON OR AFTER JULY FIRST,
TWO THOUSAND EIGHTEEN, FOLLOWING NOTIFICATION TO THE APPLICANT THAT
ASSISTANCE HAS BEEN AWARDED, AND PRIOR TO DISBURSEMENT OF FUNDS, THE
APPLICANT OR APPLICANTS SHALL SUBMIT FOR APPROVAL BY THE SECRETARY A
PROPOSED NOMINATION WORK PLAN. THE NOMINATION WORK PLAN SHALL INCLUDE
WORK SCOPE, WORK SCHEDULE, AND DELIVERABLES, INCLUDING FISCAL REPORTS ON
BUDGETED AND ACTUAL USE OF FUNDS EXPENDED, AND THE ANTICIPATED DATE FOR
SUBMISSION OF A FINAL NOMINATION FOR DESIGNATION. THE WORK PLAN SHALL
ALSO REQUIRE THE DISTRIBUTION OF WORK PRODUCTS TO THE DEPARTMENT AND,
FOR COMMUNITY BASED ORGANIZATIONS, TO THE APPLICANT'S MUNICIPALITY.
WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED WORK PLAN OR REVISED WORK
PLAN, THE DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE
APPLICANT OR APPLICANTS WITH A WRITTEN NOTICE OF DEFICIENCY, WHICH SHALL
INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED TO
REVISE THE WORK PLAN. APPLICANTS SHALL BE REQUIRED TO MAKE ALL WORK
PRODUCTS PUBLICLY AVAILABLE.
K. IF any responsible party payments become available to the appli-
cant, the amount of such payments attributable to expenses paid by the
award shall be paid to the department by the applicant; provided that
the applicant may first apply such responsible party payments toward any
actual project costs incurred by the applicant.
§ 4. Subdivision 4 of section 970-r of the general municipal law, as
amended by section 29 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
4. Designation of brownfield opportunity area. A. Upon completion of a
nomination for designation of a brownfield opportunity area, it shall be
forwarded by the applicant to the secretary, who shall determine whether
it is consistent with the provisions of this section. The secretary may
review and approve a nomination for designation of a brownfield opportu-
A. 3505 3
nity area at any time. If the secretary determines that the nomination
is consistent with the provisions of this section, the brownfield oppor-
tunity area shall be designated. If the secretary determines that the
nomination is not consistent with the provisions of this section, the
secretary shall make recommendations in writing to the applicant of the
manner and nature in which the nomination should be amended. THE SECRE-
TARY SHALL MAKE A DETERMINATION PURSUANT TO THIS SUBDIVISION WITHIN
NINETY DAYS OF RECEIPT OF A NOMINATION.
B. AS AN ALTERNATIVE MEANS OF DESIGNATION, A MUNICIPALITY MAY, AT ANY
TIME AFTER THE SECRETARY HAS RECEIVED A COMPLETED NOMINATION FOR DESIG-
NATION, DESIGNATE A BROWNFIELD OPPORTUNITY AREA BY FORMALLY ADOPTING THE
NOMINATED BROWNFIELD OPPORTUNITY AREA PLAN AS PART OF THE MUNICIPALITY'S
COMPREHENSIVE PLAN FOLLOWING A DETERMINATION BY THE MUNICIPAL PLANNING
BOARD, NOTICED TO THE SECRETARY, THAT THE NOMINATION IS CONSISTENT WITH
THE PROVISIONS OF THIS ARTICLE. SUCH PLANNING BOARD'S DETERMINATION AND
THE MUNICIPALITY'S DESIGNATION BASED ON SUCH DETERMINATION SHALL BE NULL
AND VOID AND OF NO FORCE AND EFFECT IF WITHIN THIRTY DAYS OF THE DETER-
MINATION OF THE PLANNING BOARD THE SECRETARY PROVIDES WRITTEN NOTICE AND
FINDINGS TO THE MUNICIPALITY THAT THE SECRETARY HAS DETERMINED THAT THE
NOMINATION IS NOT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
§ 5. Subdivision 6 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, paragraph
a and subparagraphs 2 and 5 of paragraph e as amended by section 30 of
part BB of chapter 56 of the laws of 2015 and paragraph h as amended by
section 1 of part F of chapter 577 of the laws of 2004, is amended to
read as follows:
6. State assistance for brownfield site assessments AND IMPLEMENTATION
ACTIVITIES in brownfield opportunity areas. a. Within the limits of
appropriations therefor, the secretary [of state,] is authorized to
provide, on a competitive basis, financial assistance to municipalities,
to community based organizations, to community boards, or to munici-
palities and community based organizations acting in cooperation to
conduct brownfield site assessments. Such financial assistance shall not
exceed ninety percent of the costs of such brownfield site assessment.
[b.] Brownfield sites eligible for such assistance must be owned by a
municipality, or volunteer as such term is defined in section 27-1405 of
the environmental conservation law.
[c.] Brownfield site assessment activities eligible for funding
include, but are not limited to, testing of properties to determine the
nature and extent of the contamination (including soil and groundwater),
environmental assessments, the development of a proposed remediation
strategy to address any identified contamination, and any other activ-
ities deemed appropriate by the commissioner in consultation with the
secretary of state. Any environmental assessment shall be subject to the
review and approval of such commissioner.
[d.] Applications for such assistance FOR SITE ASSESSMENT shall be
submitted to BOTH THE SECRETARY AND the commissioner in a format, and
containing such information, as prescribed by the commissioner in
consultation with the secretary [of state].
B. WITHIN THE LIMITS OF APPROPRIATIONS THEREFOR, THE SECRETARY IS
AUTHORIZED TO PROVIDE, ON A COMPETITIVE BASIS, FINANCIAL ASSISTANCE TO
MUNICIPALITIES, TO COMMUNITY BASED ORGANIZATIONS, TO COMMUNITY BOARDS,
OR TO MUNICIPALITIES AND COMMUNITY BASED ORGANIZATIONS ACTING IN COOPER-
ATION TO CONDUCT IMPLEMENTATION ACTIVITIES IN A BROWNFIELD OPPORTUNITY
AREA DESIGNATED PURSUANT TO THIS SECTION. SUCH FINANCIAL ASSISTANCE
SHALL NOT EXCEED NINETY PERCENT OF THE COSTS OF SUCH ACTIVITIES. IMPLE-
A. 3505 4
MENTATION ACTIVITIES ELIGIBLE FOR FUNDING INCLUDE BUT ARE NOT LIMITED
TO, DEMOLITION, ASBESTOS REMOVAL, FINANCIAL ANALYSIS, INFRASTRUCTURE
IMPROVEMENT, DESIGN, LANDSCAPING, ENVIRONMENTAL ASSESSMENT, AND ENHANCE-
MENT OR ADDITION OF PUBLIC AMENITIES. APPLICATIONS FOR SUCH ASSISTANCE
SHALL PROVIDE A DESCRIPTION OF THE PROPOSED ACTIVITY OR ACTIVITIES
SUFFICIENT TO DEMONSTRATE ANTICIPATED COSTS AND HOW THE PROPOSED ACTIV-
ITY OR ACTIVITIES ADVANCES THE GOALS AND OBJECTIVES OF THE BROWNFIELD
OPPORTUNITY PLAN.
[e] C. Funding preferences [shall be given to applications] for [such]
assistance PURSUANT TO THIS SUBDIVISION SHALL BE GIVEN TO APPLICATIONS
that relate to areas having one or more of the following character-
istics:
(1) areas for which the application is a partnered application by a
municipality and a community based organization;
(2) areas with concentrations of known or suspected brownfield sites;
(3) areas for which the application demonstrates support from a muni-
cipality and a community based organization;
(4) areas showing indicators of economic distress including low resi-
dent incomes, high unemployment, high commercial vacancy rates,
depressed property values; and
(5) areas with known or suspected brownfield sites presenting strate-
gic opportunities to stimulate economic development, community revitali-
zation or the siting of public amenities.
[f] D. The [commissioner] SECRETARY, upon the receipt of an applica-
tion for such assistance from a community based organization not in
cooperation with the local government having jurisdiction over the
proposed brownfield opportunity area, shall request the municipal
government to review and state the municipal government's support or
lack of support. The municipal government's statement shall be consid-
ered a part of the application.
[g] E. Prior to making an award for assistance, the [commissioner]
SECRETARY shall notify the temporary president of the senate and the
speaker of the assembly.
[h] F. Following notification to the applicant that assistance has
been awarded, and prior to disbursement of funds[, a contract shall be
executed between the department and the applicant or co-applicants. The
commissioner shall establish terms and conditions for such contracts as
the commissioner deems appropriate in consultation with the secretary of
state, including provisions to define: applicant's], THE APPLICANT OR
APPLICANTS SHALL SUBMIT A PROPOSED IMPLEMENTATION WORK PLAN TO THE
DEPARTMENT AND RECEIVE APPROVAL FOR SUCH WORK PLAN. THE WORK PLAN SHALL
INCLUDE work scope, work schedule, and deliverables[;], INCLUDING fiscal
reports on budgeted and actual use of funds expended[;], and [require-
ments] THE ANTICIPATED DATE for submission of a final [fiscal] report.
The [contract] WORK PLAN shall also require the distribution of work
products to the department, and, for community based organizations, to
the applicant's municipality. WITHIN SIXTY DAYS OF RECEIPT OF A
PROPOSED WORK PLAN OR REVISED WORK PLAN, THE DEPARTMENT SHALL EITHER
APPROVE THE WORK PLAN OR PROVIDE THE APPLICANT OR APPLICANTS WITH A
NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT
FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. Applicants shall
be required to make [the results] ALL WORK PRODUCTS publicly available.
[Such contract shall further include a provision providing that if]
G. IF any responsible party payments become available to the appli-
cant, the amount of such payments attributable to expenses paid by the
award shall be paid to the department by the applicant; provided that
A. 3505 5
the applicant may first apply such responsible party payments towards
actual project costs incurred by the applicant.
§ 6. Subdivision 7 of section 970-r of the general municipal law, as
amended by chapter 390 of the laws of 2008, is amended to read as
follows:
7. Amendments to designated area. Any proposed amendment to a brown-
field opportunity area [designated pursuant to this section] OR BROWN-
FIELD OPPORTUNITY AREA PLAN shall be [proposed] SUBMITTED TO, and
reviewed by the secretary[, in the same manner and using the same crite-
ria set forth in this section and applicable to an initial nomination
for the designation of a brownfield opportunity area]. THE SECRETARY
SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND TIMEFRAMES FOR REVIEW
AND APPROVAL OF AMENDMENTS.
§ 7. Subdivision 8 of section 970-r of the general municipal law, as
added by section 1 of part F of chapter 1 of the laws of 2003, is
amended to read as follows:
8. Applications. a. All applications for [pre-nomination study]
assistance [or applications] AND NOMINATIONS for designation of a brown-
field opportunity area shall demonstrate that the following community
participation activities have been or will be performed by the appli-
cant:
(1) identification of the interested public and preparation of a
contact list;
(2) identification of major issues of public concern;
(3) provision [to] FOR access to [the draft and final] ANY application
for [pre-nomination] assistance and NOMINATION FOR brownfield opportu-
nity area designation AND supporting documents in a manner convenient to
the public;
(4) public notice and newspaper notice of (i) the intent of the muni-
cipality and/or community based organization to [undertake a pre-nomina-
tion process or prepare] SEEK ASSISTANCE FOR OR NOMINATE a brownfield
opportunity area [plan], and (ii) the availability of such application.
b. Application for nomination of a brownfield opportunity area shall
provide the following minimum community participation activities:
(1) a comment period of at least thirty days on a draft application;
(2) a public meeting on a brownfield opportunity area draft applica-
tion.
§ 8. Subdivision 10 of section 970-r of the general municipal law, as
added by section 31 of part BB of chapter 56 of the laws of 2015, is
amended to read as follows:
10. [The] BY DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE secre-
tary shall establish criteria for brownfield opportunity area conform-
ance determinations for purposes of the brownfield redevelopment tax
credit component pursuant to clause (ii) of subparagraph (B) of para-
graph [(5)] FIVE of subdivision (a) of section twenty-one of the tax
law. In establishing criteria, the secretary shall be guided by, but not
limited to, the following considerations: how the proposed use and
development advances the designated brownfield opportunity area plan's
vision statement, goals and objectives for revitalization; how the
density of development and associated buildings and structures advances
the plan's objectives, desired redevelopment and priorities for invest-
ment; and how the project complies with zoning and other local laws and
standards to guide and ensure appropriate use of the project site.
§ 9. Section 970-r of the general municipal law is amended by adding a
new subdivision 11 to read as follows:
A. 3505 6
11. BY DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE SECRETARY
SHALL ESTABLISH CRITERIA FOR DETERMINING CONSISTENCY WITH THIS SECTION
FOR PURPOSES OF BROWNFIELD OPPORTUNITY AREA DESIGNATIONS. IN ESTABLISH-
ING CRITERIA, THE SECRETARY SHALL BE GUIDED BY, BUT NOT LIMITED TO, THE
FOLLOWING CONSIDERATIONS: HOW ADEQUATELY THE NOMINATION DESCRIBES THE
CURRENT STATUS OF THE BROWNFIELD OPPORTUNITY AREA, WHETHER THE NOMI-
NATION PRESENTS AN ATTAINABLE AND REALISTIC PLAN FOR REVITALIZATION, AND
WHETHER THE PLAN IS SUPPORTED BY THE COMMUNITY.
§ 10. This act shall take effect immediately.