Relates to the environmental restoration program; responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate petroleum contaminated sites; repealer

1 Co-sponsor

• Carl L. Marcellino

BILL NUMBER:S7784

Title of bill

An act to amend the environmental conservation law, the tax law, the economic development law and the general municipal law, in relation to eligibility for participation in the brownfield cleanup program, and assignment of the brownfield redevelopment tax credits; to amend part H of chapter 1 of the laws of 2003, amending the tax law relating to brownfield redevelopment tax credits, remediated brownfield credit for real property taxes for qualified sites and environmental remediation insurance credits, in relation to tax credits for certain sites; to amend the environmental conservation law, in relation to hazardous waste generator fees and taxes; to amend the environmental conservation law, the public authorities law and the state finance law, in relation to the environmental restoration program; and to repeal certain provisions of the environmental conservation law and the tax law relating thereto (Part A); and to amend the navigation law, in relation to responsible parties for petroleum contaminated sites and incentives to parties who are willing to remediate petroleum contaminated sites (Part B)

Purpose or general idea of bill

This bill would strengthen the State's already successful Brownfield Cleanup Program (BCP) by providing more certainty for applicants, reduc- ing burdensome fees, and targeting areas of greatest need across the State.

Summary of specific provisions

This bill would:

*Tighten eligibility requirements to participate in the BCP;

*Reform tangible property tax credits to conform to current tax law procedures and target areas of greatest need across the state;

*Create a voluntary cleanup program for minimally contaminated sites and sites where contamination is overwhelmingly from historic fill;

*Eliminate certain fees to encourage greater participation;

*Provide tax credit incentives for brownfield developments in Environ- mental Zones and Brownfield Opportunity Areas.

*Authorize the Department to undertake environmental restoration projects on behalf of municipalities;

*Reform Brownfield Opportunity Areas (BOA)procedures to encourage BOA designations;

*Allow the Department to more fairly allocate responsibility of oil spills among dischargers; and *Create a liability limitation incentive to parties who agree to perform oil spill cleanups.

Prior legislative history

New bill.

Fiscal implications

The bill is designed to be revenue neutral. Tighter eligibility stand- ards would be offset by allowing State Super-fund and RCRA sites into the program.

Effective date

This act shall take effect immediately provided, however, that the applicable effective date of Parts A through B of this act shall be as specifically set forth in the last section of such Parts.