LBD03995-01-5
S. 565 2
real property listed in the registry of inactive hazardous waste
disposal sites under subparagraph two of paragraph b of subdivision two
of section 27-1305 of this article [prior to the effective date of this
article], where such real property is owned by a volunteer shall not be
deemed ineligible to participate and further provided that the status of
any such site as listed in the registry shall not be altered prior to
the issuance of a certificate of completion pursuant to section 27-1419
of this title. THE DEPARTMENT'S ASSESSMENT OF ELIGIBILITY UNDER THIS
PARAGRAPH SHALL NOT CONSTITUTE A FINDING CONCERNING LIABILITY WITH
RESPECT TO THE PROPERTY;
29. "UNDERUTILIZED" SHALL MEAN THE BROWNFIELD SITE AND ANY IMPROVE-
MENTS:
(A) ON WHICH A BUILDING OR BUILDINGS CONTAINING NO MORE THAN FIFTY
PERCENT OF THE PERMISSIBLE FLOOR AREA UNDER APPLICABLE ZONING IS BEING
UTILIZED; OR
(B) HAS A VALUE OF EQUAL TO OR LESS THAN SEVENTY PERCENT OF THE AVER-
AGE VALUATION OF LAND IN THE COUNTY OR CITY IN WHICH THE LAND IS
LOCATED, EXCEPT IN A CITY HAVING A POPULATION OF ONE MILLION OR MORE
INHABITANTS WHERE THE AVERAGE VALUATION SHALL BE BASED ON THE COUNTY IN
WHICH THE LAND IS LOCATED; OR
(C) HAS BEEN CERTIFIED BY THE MUNICIPALITY IN WHICH THE SITE IS
LOCATED AS UNDERUTILIZED PURSUANT TO THE CRITERIA IN THIS SUBDIVISION.
30. "FUNCTIONALLY OBSOLESCENT" SHALL MEAN THE BROWNFIELD SITE AND ANY
IMPROVEMENTS THEREON THAT:
(A) CAN NO LONGER BE FUNCTIONALLY OR ECONOMICALLY UTILIZED IN THE
CAPACITY IN WHICH IT WAS FORMERLY UTILIZED BECAUSE OF:
(I) THE CONFIGURATION OF THE BUILDING; OR
(II) SUBSTANTIAL STRUCTURAL DEFECTS NOT BROUGHT ABOUT BY DEFERRED
MAINTENANCE PRACTICES OR INTENTIONAL CONDUCT; OR
(B) THE ENTIRE SITE OR A SIGNIFICANT PORTION THEREOF, WITH OR WITHOUT
IMPROVEMENTS IS USED IRREGULARLY OR INTERMITTENTLY; OR
(C) THE FUNCTIONALITY OF THE EQUIPMENT INSIDE THE BUILDING OR BUILD-
INGS IS OBSOLETE FOR A MODERN DAY APPLICATION.
S 2. Section 27-1407 of the environmental conservation law is amended
by adding a new subdivision 1-a to read as follows:
1-A. FOR THOSE SITES FOR WHICH THE APPLICANT HAS SUBMITTED AN APPLICA-
TION ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, IF THE PERSON IS
ALSO SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE
BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SUCH PERSON SHALL
SUBMIT INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE SITE: (1) (I) HAS
BEEN A VACANT LOT FOR FOUR OR MORE YEARS, OR (II) CONSISTS OF A BUILDING
OR BUILDINGS THAT HAVE BEEN VACANT FOR TWO OR MORE YEARS, OR (III) IS A
UNDERUTILIZED OR FUNCTIONALLY OBSOLESCENT; AND (2) THE PROJECTED COST OF
THE INVESTIGATION AND REMEDIATION WHICH IS PROTECTIVE FOR THE ANTIC-
IPATED USE OF THE SITE EXCEEDS THIRTY PERCENT OF THE CERTIFIED APPRAISED
VALUE OF THE PROPERTY ABSENT CONTAMINATION.
SITES ARE NOT ELIGIBLE FOR TANGIBLE PROPERTY TAX CREDITS IF (1) THE
CONTAMINATION IS SOLELY EMANATING FROM PROPERTY OTHER THAN THE SITE
SUBJECT TO THE PRESENT APPLICATION; OR (2) THE DEPARTMENT HAS DETERMINED
THAT THE PROPERTY HAS PREVIOUSLY BEEN REMEDIATED SUCH THAT IT MAY BE
DEVELOPED FOR ITS THEN INTENDED USE.
S 3. Subdivision 6 of section 27-1407 of the environmental conserva-
tion law, as added by section 1 of part A of chapter 1 of the laws of
2003, is amended to read as follows:
S. 565 3
6. The department shall use all best efforts to expeditiously notify
the applicant within forty-five days after receiving their request for
participation that such request is either accepted or rejected, AND, FOR
ANY APPLICANT SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT COMPONENT
OF THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE
OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW, WHETHER THE
CRITERIA FOR RECEIVING SUCH COMPONENT AS SET FORTH IN SUBDIVISION ONE OF
THIS SECTION HAVE BEEN MET.
S 4. Subdivision 9 of section 27-1407 of the environmental conserva-
tion law is amended by adding a new paragraph (g) to read as follows:
(G) THE PERSON'S PARTICIPATION IN ANY REMEDIAL PROGRAM UNDER THE
DEPARTMENT'S OVERSIGHT WAS TERMINATED BY THE DEPARTMENT OR BY A COURT
FOR FAILURE TO SUBSTANTIALLY COMPLY WITH AN AGREEMENT OR ORDER.
S 5. The opening paragraph of subdivision 3 of section 27-1419 of the
environmental conservation law, as amended by chapter 390 of the laws of
2008, is amended to read as follows:
Upon receipt of the final engineering report, the department shall
review such report and the data submitted pursuant to the brownfield
site cleanup agreement as well as any other relevant information regard-
ing the brownfield site. Upon satisfaction of the commissioner that the
remediation requirements set forth in this title have been or will be
achieved in accordance with the timeframes, if any, established in the
remedial work plan, the commissioner shall issue a written certificate
of completion[, such]. THE certificate shall include such information as
determined by the department of taxation and finance, including but not
limited to the brownfield site boundaries included in the final engi-
neering report, the date of the brownfield site CLEANUP agreement pursu-
ant to section 27-1409 of this title, and the applicable percentages
available for that site for purposes of section twenty-one of the tax
law[, with such percentages to be determined as follows with respect to
such qualified site]. FOR THOSE SITES FOR WHICH AN APPLICANT HAS SUBMIT-
TED AN APPLICATION TO PARTICIPATE IN THIS PROGRAM ON OR AFTER JANUARY
FIRST, TWO THOUSAND SEVENTEEN, THE TANGIBLE PROPERTY CREDIT COMPONENT OF
THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SHALL ONLY BE
AVAILABLE TO THE TAXPAYER IF THE DEPARTMENT'S NOTICE INCLUDES A DETERMI-
NATION THAT THE CRITERIA FOR RECEIVING SUCH TAX COMPONENT HAVE BEEN MET.
FOR THOSE SITES for which the department has issued a notice to the
taxpayer after June twenty-third, two thousand eight that its request
for participation has been accepted under subdivision six of section
27-1407 of this title:
S 6. Subdivision 5 of section 27-1419 of the environmental conserva-
tion law, as amended by section 9 of part A of chapter 577 of the laws
of 2004, is amended to read as follows:
5. A certificate of completion issued pursuant to this section may be
transferred to the applicant's successors or assigns upon transfer or
sale of the brownfield site. Further, a certificate of completion may
be modified or revoked by the commissioner upon a finding that:
(a) Either the applicant, or the applicant's successors or assigns,
has failed to comply with the terms and conditions of the brownfield
site cleanup agreement;
(b) The applicant made a misrepresentation of a material fact tending
to demonstrate that (I) it was qualified as a volunteer OR (II) MET THE
CRITERIA SET FORTH IN SUBDIVISION ONE-A OF SECTION 27-1407 OF THIS TITLE
FOR THE PURPOSE OF RECEIVING THE TANGIBLE PROPERTY CREDIT COMPONENT OF
S. 565 4
THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF
SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW;
(c) Either the applicant, or the applicant's successors or assigns,
made a misrepresentation of a material fact tending to demonstrate that
the cleanup levels identified in the brownfield site cleanup agreement
were reached; [or]
(d) THE ENVIRONMENTAL EASEMENT CREATED AND RECORDED PURSUANT TO TITLE
THIRTY-SIX OF ARTICLE SEVENTY-ONE OF THIS CHAPTER NO LONGER PROVIDES AN
EFFECTIVE OR ENFORCEABLE MEANS OF ENSURING THE PERFORMANCE OF MAINTE-
NANCE, MONITORING OR OPERATING REQUIREMENTS, OR THE RESTRICTIONS ON
FUTURE USES, INCLUDING RESTRICTIONS ON DRILLING FOR OR WITHDRAWING
GROUNDWATER; OR
(E) There is good cause for such modification or revocation.
S 7. Subdivision 1 of section 27-1431 of the environmental conserva-
tion law is amended by adding a new paragraph c to read as follows:
C. TO INSPECT FOR COMPLIANCE WITH THE SITE MANAGEMENT PLAN APPROVED BY
THE DEPARTMENT, INCLUDING (I) INSPECTION OF THE PERFORMANCE OF MAINTE-
NANCE, MONITORING AND OPERATIONAL ACTIVITIES REQUIRED AS PART OF THE
REMEDIAL PROGRAM FOR THE SITE, AND (II) TAKING SAMPLES IN ACCORDANCE
WITH PARAGRAPH A OF THIS SUBDIVISION.
S 8. The environmental conservation law is amended by adding a new
section 27-1437 to read as follows:
S 27-1437. BCP LIABILITY ONLY WAIVER PROGRAM.
THE APPLICANT MAY WAIVE ANY CLAIM FOR TAX CREDITS PURSUANT TO SECTION
TWENTY-ONE OF THE TAX LAW. ANY SUCH WAIVER SHALL BE ON A FORM PRESCRIBED
BY THE DEPARTMENT.
S 9. Paragraph 3 of subdivision (a) of section 21 of the tax law, as
amended by chapter 390 of the laws of 2008, is amended to read as
follows:
(3) Tangible property credit component. The tangible property credit
component shall be equal to the applicable percentage of the cost or
other basis for federal income tax purposes of tangible personal proper-
ty and other tangible property, including buildings and structural
components of buildings, which constitute qualified tangible property;
provided, however, that in determining the cost or other basis of such
property, the taxpayer shall exclude the acquisition cost of any item of
property with respect to which a credit under this section was allowable
to another taxpayer. WITH RESPECT TO ANY QUALIFIED SITE THAT IS ELIGIBLE
FOR THE FIVE PERCENT AFFORDABLE HOUSING TANGIBLE PROPERTY CREDIT COMPO-
NENT PURSUANT TO CLAUSE (III) OF SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF
THIS SUBDIVISION, THAT PORTION OF THE TANGIBLE PROPERTY CREDIT COMPONENT
WILL BE DETERMINED BY MULTIPLYING THE TOTAL COSTS QUALIFIED FOR THE
TANGIBLE PROPERTY CREDIT COMPONENT BY A FRACTION, THE NUMERATOR OF WHICH
SHALL BE THE SQUARE FOOTAGE OF SPACE OF THE AFFORDABLE HOUSING UNITS
DEDICATED TO RESIDENTIAL OCCUPANCY AND THE DENOMINATOR OF WHICH SHALL BE
THE TOTAL SQUARE FOOTAGE OF THE BUILDING. The credit component amount so
determined shall be allowed for the taxable year in which such qualified
tangible property is placed in service on a qualified site with respect
to which a certificate of completion has been issued to the taxpayer for
up to ten taxable years after the date of the issuance of such certif-
icate of completion. The tangible property credit component shall be
allowed with respect to property leased to a second party only if such
second party is either (i) not a party responsible for the disposal of
hazardous waste or the discharge of petroleum at the site according to
applicable principles of statutory or common law liability, or (ii) a
party responsible according to applicable principles of statutory or
S. 565 5
common law liability if such party's liability arises solely from opera-
tion of the site subsequent to the disposal of hazardous waste or the
discharge of petroleum, and is so certified by the commissioner of envi-
ronmental conservation at the request of the taxpayer, pursuant to
section 27-1419 of the environmental conservation law. Notwithstanding
any other provision of law to the contrary, in the case of allowance of
credit under this section to such a lessor, the commissioner shall have
the authority to reveal to such lessor any information, with respect to
the issue of qualified use of property by the lessee, which is the basis
for the denial in whole or in part, or for the recapture, of the credit
claimed by such lessor. For purposes of the tangible property credit
component allowed under this section the taxpayer to whom the certif-
icate of completion is issued, as provided for under subdivision five of
section 27-1419 of the environmental conservation law, may transfer the
benefits and burdens of the certificate of completion, which run with
the land and to the applicant's successors or assigns upon transfer or
sale of all or any portion of an interest or estate in the qualified
site. However, the taxpayer to whom certificate's benefits and burdens
are transferred shall not include the cost of acquiring all or any
portion of an interest or estate in the site and the amounts included in
the cost or other basis for federal income tax purposes of qualified
tangible property already claimed by the previous taxpayer pursuant to
this section.
S 10. Paragraph 5 of subdivision (a) of section 21 of the tax law is
amended by adding two new subparagraphs (A) and (B) to read as follows:
(A) WITH RESPECT TO SUCH QUALIFIED SITE FOR WHICH THE TAXPAYER HAS
SUBMITTED AN APPLICATION TO PARTICIPATE IN THE BROWNFIELD CLEANUP
PROGRAM ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE APPLICA-
BLE PERCENTAGE FOR THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWN-
FIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF THIS
SUBDIVISION SHALL BE THE SUM OF TEN PERCENT AND THE FOLLOWING ADDITIONAL
PERCENTAGES, PROVIDED THAT THE TOTAL PERCENTAGE OF THE TANGIBLE PROPERTY
CREDIT COMPONENT SHALL NOT EXCEED THIRTY PERCENT AND IS OTHERWISE
SUBJECT TO THE LIMITATIONS SET FORTH IN PARAGRAPHS THREE AND THREE-A OF
THIS SUBDIVISION:
(I) FIVE PERCENT FOR SITES REMEDIATED TO TRACK 1 AS THAT TERM IS
DEFINED IN SUBDIVISION FOUR OF SECTION 27-1415 OF THE ENVIRONMENTAL
CONSERVATION LAW;
(II) FIVE PERCENT FOR A SITE LOCATED WITHIN A DESIGNATED BROWNFIELD
OPPORTUNITY AREA IF THE PROPOSED DEVELOPMENT OF THE SITE IS CERTIFIED TO
BE IN CONFORMANCE WITH THE GOALS AND PRIORITIES ESTABLISHED FOR SUCH
BROWNFIELD OPPORTUNITY AREA PLAN PURSUANT TO SECTION NINE HUNDRED SEVEN-
TY-R OF THE GENERAL MUNICIPAL LAW;
(III) FIVE PERCENT FOR SITES DEVELOPED AS AFFORDABLE HOUSING, DEFINED
AS HAVING AT LEAST TWENTY PERCENT OF ITS RESIDENTIAL UNITS AVAILABLE TO
HOUSEHOLDS WHOSE ANNUAL INCOME AT THE TIME OF ADMISSION DOES NOT EXCEED
EIGHTY PERCENT OF THE MEDIAN INCOME ADJUSTED FOR FAMILY SIZE, EITHER FOR
THE METROPOLITAN STATISTICAL AREA IF THE SITE IS LOCATED WITHIN SUCH AN
AREA OR THE COUNTY IF IT IS NOT, AS MOST RECENTLY DETERMINED BY THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. DURING THE
TIME OF OCCUPANCY IF A HOUSEHOLD'S ANNUAL INCOME EXCEEDS ONE HUNDRED
TWENTY PERCENT OF THE MEDIAN INCOME AND SUCH HOUSEHOLD IS RESIDING IN AN
AFFORDABLE HOUSING UNIT SUCH UNIT SHALL NO LONGER BE COUNTED TOWARDS THE
TWENTY PERCENT REQUIREMENT IN THIS CLAUSE. IF THE TWENTY PERCENT
REQUIREMENT IS NO LONGER BEING MET DUE TO INCREASED HOUSEHOLD INCOME,
THE OWNER OF THE SITE OR AGENT THEREOF SHALL MAKE ANY CURRENT OR FUTURE
S. 565 6
VACANT UNITS THAT ARE COMPARABLE IN NATURE AVAILABLE TO HOUSEHOLDS WHOSE
INCOME DOES NOT EXCEED EIGHTY PERCENT OF THE MEDIAN INCOME UNTIL THE
TWENTY PERCENT REQUIREMENT IS MET. UNLESS AFFORDABLE UNITS ARE DEVELOPED
UNDER A FEDERAL, STATE OR MUNICIPAL PROGRAM HAVING CONTRARY REQUIREMENTS
ALL AFFORDABLE UNITS MUST HAVE A COMPARABLE NUMBER OF BEDROOMS AS THE
MARKET RATE UNITS, OR AT LEAST FIFTY PERCENT OF THE AFFORDABLE HOUSING
MUST HAVE TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF
THE AFFORDABLE HOUSING CAN BE SMALLER THAN ONE BEDROOM. RENT FOR SUCH
AFFORDABLE HOUSING SHALL NOT EXCEED THIRTY PERCENT OF THE HOUSEHOLD'S
NET INCOME; AND
(IV) FIVE PERCENT FOR A SITE WITHIN AN ENVIRONMENTAL ZONE.
(B) THE TAXPAYER SHALL SUBMIT, IN THE MANNER PRESCRIBED BY THE COMMIS-
SIONER, INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE SITE QUALIFIES
FOR ANY CREDIT COMPONENTS AVAILABLE UNDER CLAUSES (I) THROUGH (IV) OF
SUBPARAGRAPH (A) OF THIS PARAGRAPH.
S 11. Section 171-r of the tax law is amended by adding a new subdivi-
sion (e) to read as follows:
(E) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER OF ENVI-
RONMENTAL CONSERVATION, SHALL PUBLISH BY JANUARY THIRTY-FIRST, TWO THOU-
SAND SIXTEEN A SUPPLEMENTAL BROWNFIELD CREDIT REPORT CONTAINING THE
INFORMATION REQUIRED BY THIS SECTION ABOUT THE CREDITS CLAIMED FOR THE
YEARS TWO THOUSAND FIVE, TWO THOUSAND SIX, AND TWO THOUSAND SEVEN.
S 12. Section 970-r of the general municipal law is amended by adding
a new subdivision 10 to read as follows:
10. THE SECRETARY SHALL REVIEW REQUESTS FOR TAX CREDITS PURSUANT TO
CLAUSE (II) OF SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBDIVISION (A) OF
SECTION TWENTY-ONE OF THE TAX LAW FOR BROWNFIELD OPPORTUNITY AREA
CONFORMANCE. IN ESTABLISHING CRITERIA, THE SECRETARY SHALL CONSIDER HOW
THE PROPOSED USE AND DEVELOPMENT ADVANCES THE GOALS AND PRIORITIES
ESTABLISHED FOR THAT APPLICABLE BROWNFIELD OPPORTUNITY AREA AS DESIG-
NATED PURSUANT TO THIS SECTION.
S 13. Section 31 of part H of chapter 1 of the laws of 2003, amending
the tax law relating to brownfield redevelopment tax credits, remediated
brownfield credit for real property taxes for qualified sites and envi-
ronmental remediation insurance credits, as amended by chapter 474 of
the laws of 2012, is amended to read as follows:
S 31. The tax credits allowed under section 21, 22 or 23 of the tax
law and the corresponding provisions in articles 9, 9-A, 22, 32 and 33
of the tax law, as added by the provisions of sections one through twen-
ty-nine of this act, shall not be applicable if the [remediation]
certificate OF COMPLETION required to qualify for any of such credits is
issued after December 31, [2015] 2026.
S 14. Subdivisions 1 and 3 of section 1285-q of the public authorities
law, as added by section 6 of part I of chapter 1 of the laws of 2003,
are amended to read as follows:
1. Subject to chapter fifty-nine of the laws of two thousand, but
notwithstanding any other provisions of law to the contrary, in order to
assist the corporation in undertaking the administration and the financ-
ing of hazardous waste site remediation projects for payment of the
state's share of the costs of the remediation of hazardous waste sites,
in accordance with title thirteen of article twenty-seven of the envi-
ronmental conservation law and section ninety-seven-b of the state
finance law, and for payment of state costs associated with the remedi-
ation of offsite contamination at significant threat sites as provided
in section 27-1411 of the environmental conservation law, AND BEGINNING
IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, FOR
S. 565 7
ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO TITLE FIVE OF ARTICLE
FIFTY-SIX OF THE ENVIRONMENTAL CONSERVATION LAW PROVIDED THAT FUNDING
FOR SUCH PROJECT SHALL NOT EXCEED TEN PERCENT OF THE FUNDING APPROPRI-
ATED FOR THE PURPOSES OF FINANCING HAZARDOUS WASTE SITE REMEDIATION
PROJECTS, PURSUANT TO TITLE THIRTEEN OF ARTICLE TWENTY-SEVEN OF THE
ENVIRONMENTAL CONSERVATION LAW, IN ANY STATE FISCAL YEAR pursuant to
capital appropriations made to the department of environmental conserva-
tion, the director of the division of budget and the corporation are
each authorized to enter into one or more service contracts, none of
which shall exceed twenty years in duration, upon such terms and condi-
tions as the director and the corporation may agree, so as to annually
provide to the corporation in the aggregate, a sum not to exceed the
annual debt service payments and related expenses required for any bonds
and notes authorized pursuant to section twelve hundred ninety of this
title. Any service contract entered into pursuant to this section shall
provide that the obligation of the state to fund or to pay the amounts
therein provided for shall not constitute a debt of the state within the
meaning of any constitutional or statutory provision and shall be deemed
executory only to the extent of moneys available for such purposes,
subject to annual appropriation by the legislature. Any such service
contract or any payments made or to be made thereunder may be assigned
and pledged by the corporation as security for its bonds and notes, as
authorized pursuant to section twelve hundred ninety of this title.
3. The maximum amount of bonds that may be issued for the purpose of
financing hazardous waste site remediation projects AND ENVIRONMENTAL
RESTORATION PROJECTS authorized by this section shall not exceed [one]
TWO billion two hundred million dollars and shall not exceed one hundred
twenty million dollars for appropriations enacted for any state fiscal
year, provided that the bonds not issued for such appropriations may be
issued pursuant to reappropriation in subsequent fiscal years. No bonds
shall be issued for the repayment of any new appropriation enacted after
[March] DECEMBER thirty-first, two thousand [thirteen] TWENTY-FIVE for
hazardous waste site remediation projects authorized by this section.
Amounts authorized to be issued by this section shall be exclusive of
bonds issued to fund any debt service reserve funds, pay costs of issu-
ance of such bonds, and bonds or notes issued to refund or otherwise
repay bonds or notes previously issued. Such bonds and notes of the
corporation shall not be a debt of the state, and the state shall not be
liable thereon, nor shall they be payable out of any funds other than
those appropriated by this state to the corporation for debt service and
related expenses pursuant to any service contracts executed pursuant to
subdivision one of this section, and such bonds and notes shall contain
on the face thereof a statement to such effect.
S 15. Section 56-0501 of the environmental conservation law, as added
by chapter 413 of the laws of 1996, is amended to read as follows:
S 56-0501. Allocation of moneys.
1. Of the moneys received by the state from the sale of bonds pursuant
to the Clean Water/Clean Air Bond Act of 1996, two hundred million
dollars ($200,000,000) shall be available for disbursements for environ-
mental restoration projects.
2. BEGINNING IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
SIXTEEN ENVIRONMENTAL RESTORATION PROJECTS MAY BE FUNDED USING THE
PROCEEDS OF BONDS ISSUED PURSUANT TO SECTION TWELVE HUNDRED
EIGHTY-FIVE-Q OF THE PUBLIC AUTHORITIES LAW PROVIDED THAT FUNDING FOR
SUCH PROJECTS SHALL CONFORM TO THE LIMITATIONS PROVIDED IN SUBDIVISION
ONE OF SUCH SECTION.
S. 565 8
S 16. Subparagraph (B) and the closing paragraph of paragraph 6 of
subdivision (b) of section 21 of the tax law, as amended by section 1 of
part G of chapter 62 of the laws of 2006, is amended to read as follows:
(B) areas that have a poverty rate of at least two times the poverty
rate for the county in which the areas are located for the year to which
the data relate [provided, however, that a qualified site shall only be
deemed to be located in an environmental zone under this subparagraph
(B) if such site was the subject of a brownfield site cleanup agreement
pursuant to section 27-1409 of the environmental conservation law that
was entered into prior to September first, two thousand ten].
Such designation shall be made and a list of all such environmental
zones shall be established by the commissioner of economic development
no later than December thirty-first, two thousand four [provided, howev-
er, that a qualified site shall only be deemed to be located in an envi-
ronmental zone under subparagraph (B) of this paragraph if such site was
the subject of a brownfield site cleanup agreement pursuant to section
27-1409 of the environmental conservation law that was entered into
prior to September first, two thousand ten].
S 17. The sum of one hundred million dollars ($100,000,000) is hereby
appropriated to the department of environmental conservation out of any
moneys in the state treasury in the capital fund to the credit of the
hazardous waste cleanup account, not otherwise appropriated, and made
immediately available, for the purpose of carrying out the provisions of
this act. Such moneys shall be payable on the audit and warrant of the
comptroller on vouchers certified or approved by the commissioner of
environmental conservation in the manner prescribed by law.
S 18. Severability. If any clause, sentence, paragraph, subdivision,
section or part of this act shall be adjudged by any court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or
invalidate the remainder thereof, but shall be confined in its operation
to the clause, sentence, paragraph, subdivision, section or part thereof
directly involved in the controversy in which such judgment shall have
been rendered. It is hereby declared to be the intent of the legislature
that this act would have been enacted even if such invalid provisions
had not been included herein.
S 19. This act shall take effect immediately; provided that sections
fourteen, fifteen and seventeen of this act shall be deemed to have been
in full force and effect on and after April 1, 2015; and provided,
further that sections one, two, three, five, six, eight, nine, ten,
twelve and sixteen of this act shall take effect January 1, 2017.