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Brownfields


January 5, 2015 | Posted by Toni Finger 1/5/2015 | Permalink
On Monday December 20, 2014, Governor Cuomo vetoed a bill that would have extended the sunset of the state’s Brownfield Cleanup Program (BCP) from December 31, 2015 until March 31, 2017, despite indicating in June that he would approve it. Governor Cuomo has stated that changes to the BCP should instead be negotiated as part of the state’s budget process early next year. read more
June 30, 2014 | Posted by Karen L. Mintzer 6/30/2014 | Permalink

Governor Cuomo is expected to sign a bill passed by the New York State Legislature last week that
extends the sunset of the state's Brownfield Cleanup Program (BCP) from December 31, 2015 until
March 31, 2017. This bill does not include any modifications to the tax credits that are currently
available to any taxpayer that has remediated a site under the BCP. The bill also authorizes the
issuance of bonds to refinance the New York State Superfund Program through March 31, 2017, and
appropriates $100 million to the New York State Department of Environmental Conservation for the
program.

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January 28, 2014 | Posted by Karen Mintzer 1/28/2014 | Permalink
Governor Cuomo has proposed amendments to the New York State Brownfield Cleanup Program (BCP) that would extend the program for ten years, through December 31, 2025, and make it easier to get into the BCP, but would reduce eligibility for certain tax credits that are currently available to any taxpayer that has remediated a site under the BCP. Currently, the program is scheduled to terminate on December 31, 2015. The amendments also would expand an exemption from various fees and assessments associated with the removal of contaminated soil or wastewater during construction activities that currently applies to BCP sites only. read more
January 28, 2013 | Posted by Elizabeth F. Larsen 1/28/2013 | Permalink
The New York Court of Appeals recently held that a supplemental environmental impact statement (“EIS”) is required to analyze potential impacts from the long-term maintenance and monitoring methods that were chosen for a Brownfield site after approval of the Remedial Action Work Plan by the Department of Environmental Conservation (“DEC”) and issuance of a final EIS for the project. read more
November 5, 2012 | Posted by Karen Mintzer 11/5/2012 | Permalink
Last month, Governor Cuomo signed into law an extension of the availability of tax credits under the New York State Brownfield Cleanup Program (“BCP”) from March 31, 2015 to December 31, 2015. Sites in the BCP that receive a certificate of completion from the Department of Environmental Conservation by December 31, 2015 will qualify for tax credits under the BCP. read more
February 10, 2011 | Posted by Daggan, Clinton | Permalink

Remediating brownfields can involve any combination of excavation, waste disposal at landfills, incineration of waste, and capping, in addition to institutional controls (i.e., restrictive declarations, environmental easements).  Recent policy guidance from the Department of Environmental Conservation (“DEC”) and a bill proposed by the New York City Council, however, indicate a preference for utilizing more sustainable remediation methods in the area of contaminated site cleanups.  Remediating brownfields using sustainable methods can help lower the cost of the cleanup and can also be funded through grants made available by the American Recovery and Reinvestment Act (“ARRA”) and other brownfield cleanup grant programs.

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December 8, 2010 | Posted by Larsen, Elizabeth F. | Permalink

The New York City Brownfield Cleanup Program (the “Brownfield Cleanup Program”) was launched in August 2010 under the jurisdiction of the Mayor’s Office of Environmental Remediation (“OER”).  Historically, brownfield remediation throughout New York State, including cleanup of dirty sites in the City, has been handled at the state level by the New York State Department of Environmental Conservation (“DEC”).  The innovative Brownfield Cleanup Program brings oversight of cleanup to the local level and provides a promising vehicle for wide-reaching remediation of brownfield sites in NYC.  In addition, the Brownfield Cleanup Program offers liability protection for sites that are remediated, and OER’s new Brownfield Incentive Grant program has allocated $10 Million to reduce the financial burden of cleaning up NYC’s brownfields.

 

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