Directs the department of environmental conservation to promulgate regulations to implement a state-owned property remediation program for brownfield properties owned by the state, or any department or agency thereof; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
6889
2025-2026 Regular Sessions
IN SENATE
March 26, 2025
___________
Introduced by Sen. GALLIVAN -- 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, in relation to
expanding the brownfields cleanup program to include state-owned prop-
erties affected by certain kinds of structural contamination
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The environmental conservation law is amended by adding a
2 new section 27-1435 to read as follows:
3 § 27-1435. State-owned property remediation program.
4 1. The department shall promulgate regulations to implement a state-
5 owned property remediation program for applicants that meet the require-
6 ments of subdivision two of this section, provided that:
7 (a) the activity is conducted in a manner which satisfies all require-
8 ments applicable to like activity conducted pursuant to sections 27-1415
9 and 27-1417 of this title; and
10 (b) the remedial program pursuant to section 27-1415 of this title
11 shall achieve a cleanup level that will allow the site to be used for
12 any purpose without restriction by the department and without reliance
13 on the long-term employment of institutional or engineering controls.
14 2. Applicants under this section shall meet the following criteria in
15 order to be eligible for the state-owned property remediation program:
16 (a) the property that is the subject of the application must be real
17 property owned by the state or any department or agency thereof,
18 provided, however, that real property disposed of by the state or any
19 department or agency thereof shall be eligible for the program pursuant
20 to this section; and
21 (b) the property that is the subject of the application is affected by
22 contamination of structures located at the site due to stored materials,
23 electrical appurtenances, asbestos, lead, polychlorinated biphenyls, or
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10719-05-5
S. 6889 2
1 contaminant as defined pursuant to subdivision seven-a of section
2 27-1405 of this title.
3 3. Upon the department's acceptance of the certification by the appli-
4 cant that the remediation requirements of this title, pursuant to
5 section 27-1419 of this title, have been achieved for the property and
6 an environmental easement, if necessary, has been created and filed
7 pursuant to title thirty-six of article seventy-one of this chapter, the
8 property shall be eligible to receive a certificate of completion in
9 accordance with section 27-1419 of this title and shall be eligible for
10 the tax credits provided by section twenty-one of the tax law.
11 § 2. This act shall take effect on the one hundred twentieth day after
12 it shall have become a law. Effective immediately, the addition, amend-
13 ment and/or repeal of any rule or regulation necessary for the implemen-
14 tation of this act on its effective date are authorized to be made and
15 completed on or before such date.
