Expand Brownfield Cleanup Aid

Section 1. Paragraph d of subdivision 1 of section 970-r of the general 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 cooperation to prepare a nomination for designation of a brownfield opportunity 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

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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 indication of support from owners of brownfield sites in the proposed brownfield 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 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 secretary shall establish terms and conditions for such contracts as the secretary deems appropriate, including provisions to define: applicant's work scope, work schedule, 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 applicant, 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-

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nity area at any time. If the secretary determines that the nomination is consistent with the provisions of this section, the brownfield opportunity 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 secretary 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 designation, 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 determination 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 municipalities 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 activities 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 cooperation 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-

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mentation activities eligible for funding include but are not limited to, demolition, asbestos removal, financial analysis, infrastructure improvement, design, landscaping, environmental assessment, and enhancement 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 activity 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 characteristics:

(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 municipality and a community based organization;

(4) areas showing indicators of economic distress including low resident incomes, high unemployment, high commercial vacancy rates, depressed property values; and

(5) areas with known or suspected brownfield sites presenting strategic opportunities to stimulate economic development, community revitalization or the siting of public amenities.

[f] d. The [commissioner] secretary, upon the receipt of an application 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 considered 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 [requirements] 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 applicant, the amount of such payments attributable to expenses paid by the award shall be paid to the department by the applicant; provided that

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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: