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A07970 Summary:

BILL NOA07970A
 
SAME ASSAME AS S05143-A
 
SPONSORBrindisi
 
COSPNSRFahy, Woerner, Ryan, McDonald, Gunther, Palmesano, Raia, Titone, Ortiz, Murray, Lupardo
 
MLTSPNSRCrouch, DiPietro, Galef, Simon
 
Amd 970-r, Gen Muni L
 
Relates to the brownfield opportunity area program.
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A07970 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7970--A
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                      June 2, 2015
                                       ___________
 
        Introduced  by  M.  of A. BRINDISI, FAHY, WOERNER, KAMINSKY, RYAN, McDO-
          NALD, GUNTHER, PALMESANO, RAIA,  TITONE,  ORTIZ,  MURRAY,  LUPARDO  --
          Multi-Sponsored  by  --  M. of A. CROUCH, DiPIETRO, SIMON -- read once
          and referred to the Committee on Environmental Conservation --  recom-
          mitted  to  the  Committee on Environmental Conservation in accordance
          with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee
 
        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:
 
     1    Section 1. Paragraph d of subdivision 1 of section 970-r of the gener-
     2  al municipal law, as amended by section 1 of part F of  chapter  577  of
     3  the laws of 2004, is amended to read as follows:
     4    d.  "Brownfield"  or  "brownfield site" shall have the same meaning as
     5  set forth in section 27-1405 of the environmental conservation law.
     6    § 2. The subdivision heading of subdivision 2 of section 970-r of  the
     7  general  municipal  law, as added by section 1 of part F of chapter 1 of
     8  the laws of 2003, is amended to read as follows:
     9    [State] Until July first, two thousand seventeen, state assistance  in
    10  accordance  with  this  subdivision will be available for pre-nomination
    11  study for brownfield opportunity areas.
    12    § 3. Paragraphs a, b, and i of subdivision 3 of section 970-r  of  the
    13  general  municipal  law, paragraph a as amended by section 28 of part BB
    14  of chapter 56 of the laws of 2015 and paragraphs b and i as  amended  by
    15  chapter  390  of the laws of 2008, are amended, and a new paragraph j is
    16  added to read as follows:
    17    a. Within the limits of  appropriations  therefor,  the  secretary  is
    18  authorized  to  provide, on a competitive basis, financial assistance to
    19  municipalities, to community based organizations, to  community  boards,
    20  or to municipalities and community based organizations acting in cooper-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10755-06-6

        A. 7970--A                          2
 
     1  ation  to  prepare a nomination for designation of a brownfield opportu-
     2  nity area. Such financial assistance shall not exceed ninety percent  of
     3  the  costs of such nomination for any such area. A nomination study must
     4  include  sufficient  information to designate the brownfield opportunity
     5  area. [The contents of the nomination study shall be developed based  on
     6  pre-nomination  study information, which shall principally consist of an
     7  area-wide study, documenting the historic brownfield uses  in  the  area
     8  proposed for designation.]
     9    b. An application for such financial assistance shall include an indi-
    10  cation of support from owners of brownfield sites in the proposed brown-
    11  field  opportunity area, or alternatively, documentation of requests for
    12  such support consisting of at least two means of outreach together  with
    13  any  responses  to such requests.   All residents and property owners in
    14  the proposed brownfield opportunity area shall  receive  notice  of  the
    15  application  for  assistance  in  such  form and manner as the secretary
    16  shall prescribe.
    17    i. [Following]  For  applications  for  assistance  submitted  to  the
    18  department  before July first, two thousand seventeen, following notifi-
    19  cation to the applicant that assistance has been awarded, and  prior  to
    20  disbursement  of funds, a contract shall be executed between the depart-
    21  ment and the applicant or co-applicants. The secretary  shall  establish
    22  terms and conditions for such contracts as the secretary deems appropri-
    23  ate, including provisions to define: applicant's work scope, work sched-
    24  ule,  and  deliverables;  fiscal  reports  on budgeted and actual use of
    25  funds expended; and  requirements  for  submission  of  a  final  fiscal
    26  report.  The  contract  shall  also  require  the  distribution  of work
    27  products to the department, and, for community based  organizations,  to
    28  the  applicant's  municipality. Applicants shall be required to make the
    29  results publicly available.  [Such  contract  shall  further  include  a
    30  provision providing that if]
    31    j.  For  applications for assistance submitted on or after July first,
    32  two thousand seventeen, following notification  to  the  applicant  that
    33  assistance  has  been  awarded,  and prior to disbursement of funds, the
    34  applicant or applicants shall submit for approval  by  the  secretary  a
    35  proposed  nomination  work  plan. The nomination work plan shall include
    36  work scope, work schedule, and deliverables, including fiscal reports on
    37  budgeted and actual use of funds expended, and the anticipated date  for
    38  submission  of  a  final nomination for designation. The work plan shall
    39  also require the distribution of work products to  the  department  and,
    40  for  community  based  organizations,  to  the applicant's municipality.
    41  Within ninety days of receipt of a proposed work plan  or  revised  work
    42  plan,  the  department shall either approve the work plan or provide the
    43  applicant or applicants with a written notice of deficiency, which shall
    44  include a detailed description of what further elements are required  to
    45  revise  the  work  plan.  Applicants  shall be required to make all work
    46  products publicly available.
    47    k. If any responsible party payments become available  to  the  appli-
    48  cant,  the  amount of such payments attributable to expenses paid by the
    49  award shall be paid to the department by the  applicant;  provided  that
    50  the applicant may first apply such responsible party payments toward any
    51  actual project costs incurred by the applicant.
    52    §  4.  Subdivision 4 of section 970-r of the general municipal law, as
    53  amended by section 29 of part BB of chapter 56 of the laws of  2015,  is
    54  amended to read as follows:
    55    4. Designation of brownfield opportunity area. a. Upon completion of a
    56  nomination for designation of a brownfield opportunity area, it shall be

        A. 7970--A                          3
 
     1  forwarded by the applicant to the secretary, who shall determine whether
     2  it  is consistent with the provisions of this section. The secretary may
     3  review and approve a nomination for designation of a brownfield opportu-
     4  nity  area  at any time. If the secretary determines that the nomination
     5  is consistent with the provisions of this section, the brownfield oppor-
     6  tunity area shall be designated. If the secretary  determines  that  the
     7  nomination  is  not  consistent with the provisions of this section, the
     8  secretary shall make recommendations in writing to the applicant of  the
     9  manner  and nature in which the nomination should be amended. The secre-
    10  tary shall make a determination  pursuant  to  this  subdivision  within
    11  ninety days of receipt of a nomination.
    12    b.  As an alternative means of designation, a municipality may, at any
    13  time after the secretary has received a completed nomination for  desig-
    14  nation, designate a brownfield opportunity area by formally adopting the
    15  nominated brownfield opportunity area plan as part of the municipality's
    16  comprehensive  plan  following a determination by the municipal planning
    17  board, noticed to the secretary, that the nomination is consistent  with
    18  the  provisions of this article. Such planning board's determination and
    19  the municipality's designation based on such determination shall be null
    20  and void and of no force and effect if within thirty days of the  deter-
    21  mination of the planning board the secretary provides written notice and
    22  findings  to the municipality that the secretary has determined that the
    23  nomination is not consistent with the provisions of this article.
    24    § 5. Subdivision 6 of section 970-r of the general municipal  law,  as
    25  added by section 1 of part F of chapter 1 of the laws of 2003, paragraph
    26  a  and  subparagraphs 2 and 5 of paragraph e as amended by section 30 of
    27  part BB of chapter 56 of the laws of 2015 and paragraph h as amended  by
    28  section  1  of  part F of chapter 577 of the laws of 2004, is amended to
    29  read as follows:
    30    6. State assistance for brownfield site assessments and implementation
    31  activities in brownfield opportunity areas.  a.  Within  the  limits  of
    32  appropriations  therefor,  the  secretary  [of  state,] is authorized to
    33  provide, on a competitive basis, financial assistance to municipalities,
    34  to community based organizations, to community  boards,  or  to  munici-
    35  palities  and  community  based  organizations  acting in cooperation to
    36  conduct brownfield site assessments. Such financial assistance shall not
    37  exceed ninety percent of the costs of such brownfield site assessment.
    38    [b.] Brownfield sites eligible for such assistance must be owned by  a
    39  municipality, or volunteer as such term is defined in section 27-1405 of
    40  the environmental conservation law.
    41    [c.]  Brownfield  site  assessment  activities  eligible  for  funding
    42  include, but are not limited to, testing of properties to determine  the
    43  nature and extent of the contamination (including soil and groundwater),
    44  environmental  assessments,  the  development  of a proposed remediation
    45  strategy to address any identified contamination, and any  other  activ-
    46  ities  deemed  appropriate  by the commissioner in consultation with the
    47  secretary of state. Any environmental assessment shall be subject to the
    48  review and approval of such commissioner.
    49    [d.] Applications for such assistance for  site  assessment  shall  be
    50  submitted  to  both  the secretary and the commissioner in a format, and
    51  containing such  information,  as  prescribed  by  the  commissioner  in
    52  consultation with the secretary [of state].
    53    b.  Within  the  limits  of  appropriations therefor, the secretary is
    54  authorized to provide, on a competitive basis, financial  assistance  to
    55  municipalities,  to  community based organizations, to community boards,
    56  or to municipalities and community based organizations acting in cooper-

        A. 7970--A                          4
 
     1  ation to conduct implementation activities in a  brownfield  opportunity
     2  area  designated  pursuant  to  this  section. Such financial assistance
     3  shall not exceed ninety percent of the costs of such activities.  Imple-
     4  mentation  activities  eligible  for funding include but are not limited
     5  to, demolition, asbestos  removal,  financial  analysis,  infrastructure
     6  improvement, design, landscaping, environmental assessment, and enhance-
     7  ment  or addition of public amenities.  Applications for such assistance
     8  shall provide a description  of  the  proposed  activity  or  activities
     9  sufficient  to demonstrate anticipated costs and how the proposed activ-
    10  ity or activities advances the goals and objectives  of  the  brownfield
    11  opportunity plan.
    12    [e] c. Funding preferences [shall be given to applications] for [such]
    13  assistance  pursuant  to this subdivision shall be given to applications
    14  that relate to areas having one or  more  of  the  following  character-
    15  istics:
    16    (1)  areas  for  which the application is a partnered application by a
    17  municipality and a community based organization;
    18    (2) areas with concentrations of known or suspected brownfield sites;
    19    (3) areas for which the application demonstrates support from a  muni-
    20  cipality and a community based organization;
    21    (4)  areas showing indicators of economic distress including low resi-
    22  dent  incomes,  high  unemployment,  high  commercial   vacancy   rates,
    23  depressed property values; and
    24    (5)  areas with known or suspected brownfield sites presenting strate-
    25  gic opportunities to stimulate economic development, community revitali-
    26  zation or the siting of public amenities.
    27    [f] d. The [commissioner] secretary, upon the receipt of  an  applica-
    28  tion  for  such  assistance  from  a community based organization not in
    29  cooperation with the  local  government  having  jurisdiction  over  the
    30  proposed  brownfield  opportunity  area,  shall  request  the  municipal
    31  government to review and state the  municipal  government's  support  or
    32  lack  of  support. The municipal government's statement shall be consid-
    33  ered a part of the application.
    34    [g] e. Prior to making an award  for  assistance,  the  [commissioner]
    35  secretary  shall  notify  the  temporary president of the senate and the
    36  speaker of the assembly.
    37    [h] f. Following notification to the  applicant  that  assistance  has
    38  been  awarded,  and prior to disbursement of funds[, a contract shall be
    39  executed between the department and the applicant or co-applicants.  The
    40  commissioner  shall establish terms and conditions for such contracts as
    41  the commissioner deems appropriate in consultation with the secretary of
    42  state, including provisions to define: applicant's],  the  applicant  or
    43  applicants  shall  submit  a  proposed  implementation  work plan to the
    44  department and receive approval for such work plan. The work plan  shall
    45  include work scope, work schedule, and deliverables[;], including fiscal
    46  reports  on  budgeted and actual use of funds expended[;], and [require-
    47  ments] the anticipated date for submission of a final  [fiscal]  report.
    48  The  [contract]  work  plan  shall also require the distribution of work
    49  products to the department, and, for community based  organizations,  to
    50  the  applicant's  municipality.    Within  sixty  days  of  receipt of a
    51  proposed work plan or revised work plan,  the  department  shall  either
    52  approve  the  work  plan  or  provide the applicant or applicants with a
    53  notice of deficiency, which shall include a detailed description of what
    54  further elements are required to revise the work plan. Applicants  shall
    55  be  required to make [the results] all work products publicly available.
    56  [Such contract shall further include a provision providing that if]

        A. 7970--A                          5
 
     1    g. If any responsible party payments become available  to  the  appli-
     2  cant,  the  amount of such payments attributable to expenses paid by the
     3  award shall be paid to the department by the  applicant;  provided  that
     4  the  applicant  may  first apply such responsible party payments towards
     5  actual project costs incurred by the applicant.
     6    §  6.  Subdivision 7 of section 970-r of the general municipal law, as
     7  amended by chapter 390 of the laws  of  2008,  is  amended  to  read  as
     8  follows:
     9    7.  Amendments  to designated area. Any proposed amendment to a brown-
    10  field opportunity area [designated pursuant to this section]  or  brown-
    11  field  opportunity  area  plan  shall  be  [proposed]  submitted to, and
    12  reviewed by the secretary[, in the same manner and using the same crite-
    13  ria set forth in this section and applicable to  an  initial  nomination
    14  for  the  designation  of a brownfield opportunity area].  The secretary
    15  shall promulgate rules that contain criteria and timeframes  for  review
    16  and approval of amendments.
    17    §  7.  Subdivision 8 of section 970-r of the general municipal law, as
    18  added by section 1 of part F of chapter  1  of  the  laws  of  2003,  is
    19  amended to read as follows:
    20    8.  Applications.  a.  All  applications  for  [pre-nomination  study]
    21  assistance [or applications] and nominations for designation of a brown-
    22  field opportunity area shall demonstrate that  the  following  community
    23  participation  activities  have  been or will be performed by the appli-
    24  cant:
    25    (1) identification of the  interested  public  and  preparation  of  a
    26  contact list;
    27    (2) identification of major issues of public concern;
    28    (3) provision [to] for access to [the draft and final] any application
    29  for  [pre-nomination]  assistance and nomination for brownfield opportu-
    30  nity area designation and supporting documents in a manner convenient to
    31  the public;
    32    (4) public notice and newspaper notice of (i) the intent of the  muni-
    33  cipality and/or community based organization to [undertake a pre-nomina-
    34  tion  process  or  prepare] seek assistance for or nominate a brownfield
    35  opportunity area [plan], and (ii) the availability of such application.
    36    b. Application for nomination of a brownfield opportunity  area  shall
    37  provide the following minimum community participation activities:
    38    (1) a comment period of at least thirty days on a draft application;
    39    (2)  a  public meeting on a brownfield opportunity area draft applica-
    40  tion.
    41    § 8. Subdivision 10 of section 970-r of the general municipal law,  as
    42  added  by  section  31  of part BB of chapter 56 of the laws of 2015, is
    43  amended to read as follows:
    44    10. [The] By December thirty-first, two thousand seventeen, the secre-
    45  tary shall establish criteria for brownfield opportunity  area  conform-
    46  ance  determinations  for  purposes  of the brownfield redevelopment tax
    47  credit component pursuant to clause (ii) of subparagraph  (B)  of  para-
    48  graph  [(5)]  five  of  subdivision (a) of section twenty-one of the tax
    49  law. In establishing criteria, the secretary shall be guided by, but not
    50  limited to, the following  considerations:  how  the  proposed  use  and
    51  development  advances  the designated brownfield opportunity area plan's
    52  vision statement, goals  and  objectives  for  revitalization;  how  the
    53  density  of development and associated buildings and structures advances
    54  the plan's objectives, desired redevelopment and priorities for  invest-
    55  ment;  and how the project complies with zoning and other local laws and
    56  standards to guide and ensure appropriate use of the project site.

        A. 7970--A                          6
 
     1    § 9. Section 970-r of the general municipal law is amended by adding a
     2  new subdivision 11 to read as follows:
     3    11.  By  December  thirty-first, two thousand seventeen, the secretary
     4  shall establish criteria for determining consistency with  this  section
     5  for  purposes of brownfield opportunity area designations. In establish-
     6  ing criteria, the secretary shall be guided by, but not limited to,  the
     7  following  considerations:  how  adequately the nomination describes the
     8  current status of the brownfield opportunity  area,  whether  the  nomi-
     9  nation presents an attainable and realistic plan for revitalization, and
    10  whether the plan is supported by the community.
    11    § 10. This act shall take effect immediately.
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