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A07250 Summary:

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A07250 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7250--B
                                                                Cal. No. 347
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 8, 2013
                                       ___________
 
        Introduced  by  M.  of A. LENTOL, MARKEY, BROOK-KRASNY, COOK, O'DONNELL,
          SEPULVEDA, JACOBS,  MILLMAN,  MOSLEY,  HEVESI,  ROSENTHAL,  TITONE  --
          Multi-Sponsored by -- M. of A. ABBATE, ARROYO, BRENNAN, JAFFEE, RIVERA
          --  read once and referred to the Committee on Environmental Conserva-

          tion -- committee  discharged,  bill  amended,  ordered  reprinted  as
          amended and recommitted to said committee -- advanced to a third read-
          ing,  amended  and ordered reprinted, retaining its place on the order
          of third reading
 
        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          prohibiting  special  assessments  on  hazardous  wastes  generated by
          certain sites
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  1  of  section  27-0923 of the environmental
     2  conservation law is amended by adding a  new  paragraph  g  to  read  as
     3  follows:
     4    g.  No  special  assessment  shall  be  imposed  under this section on
     5  hazardous waste generated by a project at a "brownfield  site"  provided

     6  that  the  "applicant"  is  a  "volunteer" and the "remedial program" is
     7  administered by a city, town, village or county and  complies  with  the
     8  remedial  program requirements of the Brownfield Cleanup program as such
     9  terms are defined in section 27-1405 of this  article  provided  further
    10  that such project is solely conducted for the purpose and results in the
    11  development of low-income housing and the remedial program is subject to
    12  a  memorandum  of understanding with the department that is memorialized
    13  by the state legislature by special or general law. For the purposes  of
    14  this  section  low-income  housing shall mean housing for individuals at
    15  eighty percent or less  of  the  area  median  income  for  metropolitan
    16  statistical area.

    17    §  2.  Subparagraph  (vii)  of paragraph d of subdivision 1 of section
    18  72-0402 of the environmental conservation law, as amended by chapter  99
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10574-05-4
        A. 7250--B                          2
 
     1  of  the  laws of 2010, is amended and a new subparagraph (viii) is added
     2  to read as follows:
     3    (vii)  under  an  environmental  restoration  project state assistance
     4  contract with the department pursuant to section 56-0503 of  this  chap-
     5  ter[.]; or
     6    (viii)  pursuant  to paragraph g of subdivision one of section 27-0923
     7  of this chapter.

     8    § 3. The memorandum of agreement between the New York state department
     9  of environmental conservation and the New York City Office  of  Environ-
    10  mental  Remediation  providing the New York City Mayor's Office of Envi-
    11  ronmental Remediation with the authority to create and operate  the  New
    12  York  City Local Brownfield Cleanup Program, signed on May 11, 2009, and
    13  such terms as they existed as of such date and  any  extension  of  time
    14  thereto  is  hereby memorialized, ratified and validated by the Legisla-
    15  ture for the purpose of section 27-0923 of the  environmental  conserva-
    16  tion law.
    17    § 4. This act shall take effect April 1, 2015.