STATE OF NEW YORK
________________________________________________________________________
9366
IN ASSEMBLY
March 6, 2024
___________
Introduced by M. of A. KELLES -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to envi-
ronmental restoration projects; and to repeal certain provisions of
such law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 56-0501 of the environmental conservation law is
2 amended by adding a new subdivision 3 to read as follows:
3 3. Beginning in state fiscal year two thousand twenty-four--two thou-
4 sand twenty-five, environmental restoration projects may be funded with-
5 in available appropriations.
6 § 2. Subdivision 1 of section 56-0502 of the environmental conserva-
7 tion law is REPEALED.
8 § 3. Subdivisions 1-a and 5 of section 56-0502 of the environmental
9 conservation law, subdivision 1-a as added and subdivision 5 as amended
10 by section 2 of part D of chapter 577 of the laws of 2004, are amended
11 and a new subdivision 1 is added to read as follows:
12 1. "Contaminant" shall mean hazardous waste as defined in section
13 27-1301 of this chapter, petroleum as defined in section one hundred
14 seventy-two of the navigation law, and emerging contaminants as defined
15 in section eleven hundred twelve of the public health law.
16 1-a. "Contamination" or "contaminated" shall [have the same meaning as
17 provided in section 27-1405 of this chapter] mean the presence of a
18 contaminant in any environmental media, including soil, surface water,
19 groundwater, air, or indoor air.
20 5. "Municipality", for purposes of this title, shall have the same
21 meaning as provided in subdivision fifteen of section 56-0101 of this
22 article, except that such term shall not refer to a municipality that
23 [generated, transported, or disposed of, arranged for, or that caused
24 the generation, transportation, or disposal of contamination located at
25 real property proposed to be investigated or to be remediated under an
26 environmental restoration project. For purposes of this title, the term
27 municipality includes a municipality acting in partnership with a commu-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14201-01-4
A. 9366 2
1 nity based organization], through deliberate action or inaction, inten-
2 tionally or recklessly caused or contributed to contamination, outside
3 of its performance of governmental functions, which threatens public
4 health or the environment, at real property to be investigated or reme-
5 diated under an environmental restoration project.
6 § 4. Paragraph (c) of subdivision 2 of section 56-0503 of the environ-
7 mental conservation law, as amended by section 38 of part BB of chapter
8 56 of the laws of 2015, is amended to read as follows:
9 (c) A provision that the municipality shall assist in identifying a
10 responsible party by searching local records, including property tax
11 rolls, or document reviews, and if, in accordance with the required
12 departmental approval of any settlement with a responsible party, any
13 responsible party payments become available to the municipality, before,
14 during or after the completion of an environmental restoration project,
15 which were not included when the state share was calculated pursuant to
16 this section, [the state assistance share shall be recalculated, and]
17 the value of such settlement shall be used by the municipality to fund
18 its municipal share, and the state assistance share shall not be recal-
19 culated, to the extent that the total of all such settlement amounts is
20 equal to or less than the municipal share. To the extent the total of
21 all such settlement amounts exceeds the municipal share, the munici-
22 pality shall pay such exceedance to the state, for deposit into the
23 environmental restoration project account of the hazardous waste remedi-
24 al fund established under section ninety-seven-b of the state finance
25 law[, the difference between the original state assistance payment and
26 the recalculated state share. Recalculation of the state share shall be
27 done each time a payment from a responsible party is received by the
28 municipality];
29 § 5. Paragraphs (a), (d), and (e) of subdivision 1 of section 56-0505
30 of the environmental conservation law, as amended by section 5 of part D
31 of chapter 1 of the laws of 2003, are amended and two new paragraphs (f)
32 and (g) are added to read as follows:
33 (a) the benefit to the environment and public health realized by the
34 expeditious remediation of the property proposed to be subject to such
35 project;
36 (d) real property in a designated brownfield opportunity area pursuant
37 to section nine hundred seventy-r of the general municipal law or real
38 property in a disadvantaged community pursuant to subdivision five of
39 section 75-0101 of this chapter; [and]
40 (e) the opportunity for other funding sources to be available for the
41 investigation or remediation of such property, including, but not limit-
42 ed to, enforcement actions against responsible parties (other than the
43 municipality to which state assistance was provided under this title; or
44 a successor in title, lender, or lessee who was not otherwise a respon-
45 sible party prior to such municipality taking title to the property),
46 state assistance payments pursuant to title thirteen of article twenty-
47 seven of this chapter, and the existence of private parties willing to
48 remediate such property using private funding sources. Highest priority
49 shall be granted to projects for which other such funding sources are
50 not available[.], excluding state or federal funds for the investigation
51 or remediation project received or to be received by the municipality;
52 (f) for drinking water contamination sites as defined in section
53 27-1201 of this chapter, any requirements made by the commissioner of
54 health pursuant to section 27-1205 of this chapter, for a municipally
55 owned public water system to take action to reduce exposure to an emerg-
56 ing contaminant or contaminants; and
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1 (g) any such other criteria deemed appropriate by the department.
2 § 6. Subdivision 2 of section 56-0505 of the environmental conserva-
3 tion law is REPEALED.
4 § 7. Subdivisions 3, 4, and 5 of section 56-0505 of the environmental
5 conservation law are renumbered subdivisions 2, 3, and 4 and subdivision
6 2, as amended by section 5 of part D of chapter 1 of the laws of 2003
7 and as renumbered by this section, is amended to read as follows:
8 2. The remediation objective of an environmental restoration remedi-
9 ation project shall meet the same standard for protection of public
10 health and the environment that applies to remedial actions undertaken
11 pursuant to [section] sections 27-1313 and 27-1205 of this chapter.
12 § 8. Subdivision 3 of section 56-0509 of the environmental conserva-
13 tion law, as amended by section 4 of part D of chapter 577 of the laws
14 of 2004, is amended to read as follows:
15 3. The state shall indemnify and save harmless any municipality[,]
16 that completes an environmental restoration remediation project in
17 compliance with the terms and conditions of a state assistance contract
18 or written agreement pursuant to subdivision three of section 56-0503 of
19 this title providing such assistance and any successor in title, lessee,
20 or lender [identified in paragraph (a) of subdivision one of this
21 section in the amount of any judgment or settlement, obtained against
22 such municipality, successor in title, lessee, or lender in any court
23 for any common law cause of action arising out of the presence of any
24 contamination in or on property at anytime before the effective date of
25 a contract entered into pursuant to this title] for judgments or settle-
26 ments obtained against such municipality, successor in title, lessee, or
27 lender in any court for any common law cause of action arising out of
28 municipal actions related to the implementation of the environmental
29 restoration remediation project. Such municipality, successor in title,
30 lessee, or lender shall be entitled to representation by the attorney
31 general, unless the attorney general determines, or a court of competent
32 jurisdiction determines, that such representation would constitute a
33 conflict of interest, in which case the attorney general shall certify
34 to the comptroller that such party is entitled to private counsel of its
35 choice, and reasonable attorneys' fees and expenses shall be reimbursed
36 by the state. Any settlement of such an action shall be subject to the
37 approval of the attorney general as to form and amount, and this subdi-
38 vision shall not apply to any settlement of any such action which has
39 not received such approval.
40 § 9. Notwithstanding subdivisions a, b, and c of section 32 of chapter
41 413 of the laws of 1996, a memorandum of understanding shall not be
42 required to make available twenty million dollars ($20,000,000) from the
43 Clean Water/Clean Air Bond Act of 1996 for state assistance payments to
44 municipalities for environmental remediation in accordance with title 5
45 of article 56 of the environmental conservation law.
46 § 10. This act shall take effect immediately.
