S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3505
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI, GUNTHER, LUPARDO, FAHY, McDONALD, RYAN,
   TITONE,  WOERNER, ORTIZ, MURRAY, PALMESANO, RAIA -- Multi-Sponsored by
   -- M. of A. CROUCH, DiPIETRO, GALEF, SIMON -- read once  and  referred
   to the Committee on Environmental Conservation
 
 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:
 
   Section 1. Paragraph d of subdivision 1 of section 970-r of the gener-
 al municipal law, as amended by section 1 of part F of  chapter  577  of
 the laws of 2004, is amended to read as follows:
   d.  "Brownfield"  OR  "BROWNFIELD site" shall have the same meaning as
 set forth in section 27-1405 of the environmental conservation law.
   § 2. The subdivision heading of subdivision 2 of section 970-r of  the
 general  municipal  law, as added by section 1 of part F of chapter 1 of
 the laws of 2003, is amended to read as follows:
   [State] UNTIL JULY FIRST, TWO THOUSAND EIGHTEEN, STATE  assistance  IN
 ACCORDANCE  WITH  THIS  SUBDIVISION WILL BE AVAILABLE for pre-nomination
 study for brownfield opportunity areas.
   § 3. Paragraphs a, b, and i of subdivision 3 of section 970-r  of  the
 general  municipal  law, paragraph a as amended by section 28 of part BB
 of chapter 56 of the laws of 2015 and paragraphs b and i as  amended  by
 chapter  390  of  the laws of 2008, are amended and a new paragraph j is
 added to read as follows:
   a. Within the limits of  appropriations  therefor,  the  secretary  is
 authorized  to  provide, on a competitive basis, financial assistance to
 municipalities, to community based organizations, to  community  boards,
 or to municipalities and community based organizations acting in cooper-
 ation  to  prepare a nomination for designation of a brownfield opportu-
 nity area. Such financial assistance shall not exceed ninety percent  of
 the  costs of such nomination for any such area. A nomination study must
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01046-01-7

 A. 3505                             2
 
 include sufficient information to designate the  brownfield  opportunity
 area.  [The contents of the nomination study shall be developed based on
 pre-nomination study information, which shall principally consist of  an
 area-wide  study,  documenting  the historic brownfield uses in the area
 proposed for designation.]
   b. An application for such financial assistance shall include an indi-
 cation of support from owners of brownfield sites in the proposed brown-
 field opportunity area, OR ALTERNATIVELY, DOCUMENTATION OF REQUESTS  FOR
 SUCH  SUPPORT CONSISTING OF AT LEAST TWO MEANS OF OUTREACH TOGETHER WITH
 ANY RESPONSES TO SUCH REQUESTS.  All residents and  property  owners  in
 the  proposed  brownfield  opportunity  area shall receive notice OF THE
 APPLICATION FOR ASSISTANCE in such form  and  manner  as  the  secretary
 shall prescribe.
   i.  [Following]  FOR  APPLICATIONS  FOR  ASSISTANCE  SUBMITTED  TO THE
 DEPARTMENT BEFORE JULY FIRST, TWO THOUSAND EIGHTEEN, FOLLOWING notifica-
 tion to the applicant that assistance has been  awarded,  and  prior  to
 disbursement  of funds, a contract shall be executed between the depart-
 ment and the applicant or co-applicants. The secretary  shall  establish
 terms and conditions for such contracts as the secretary deems appropri-
 ate, including provisions to define: applicant's work scope, work sched-
 ule,  and  deliverables;  fiscal  reports  on budgeted and actual use of
 funds expended; and  requirements  for  submission  of  a  final  fiscal
 report.  The  contract  shall  also  require  the  distribution  of work
 products to the department, and, for community based  organizations,  to
 the  applicant's  municipality. Applicants shall be required to make the
 results publicly available.  [Such  contract  shall  further  include  a
 provision providing that if]
   J.  FOR  APPLICATIONS FOR ASSISTANCE SUBMITTED ON OR AFTER JULY FIRST,
 TWO THOUSAND EIGHTEEN, FOLLOWING  NOTIFICATION  TO  THE  APPLICANT  THAT
 ASSISTANCE  HAS  BEEN  AWARDED,  AND PRIOR TO DISBURSEMENT OF FUNDS, THE
 APPLICANT OR APPLICANTS SHALL SUBMIT FOR APPROVAL  BY  THE  SECRETARY  A
 PROPOSED  NOMINATION  WORK  PLAN. THE NOMINATION WORK PLAN SHALL INCLUDE
 WORK SCOPE, WORK SCHEDULE, AND DELIVERABLES, INCLUDING FISCAL REPORTS ON
 BUDGETED AND ACTUAL USE OF FUNDS EXPENDED, AND THE ANTICIPATED DATE  FOR
 SUBMISSION  OF  A  FINAL NOMINATION FOR DESIGNATION. THE WORK PLAN SHALL
 ALSO REQUIRE THE DISTRIBUTION OF WORK PRODUCTS TO  THE  DEPARTMENT  AND,
 FOR  COMMUNITY  BASED  ORGANIZATIONS,  TO  THE APPLICANT'S MUNICIPALITY.
 WITHIN NINETY DAYS OF RECEIPT OF A PROPOSED WORK PLAN  OR  REVISED  WORK
 PLAN,  THE  DEPARTMENT SHALL EITHER APPROVE THE WORK PLAN OR PROVIDE THE
 APPLICANT OR APPLICANTS WITH A WRITTEN NOTICE OF DEFICIENCY, WHICH SHALL
 INCLUDE A DETAILED DESCRIPTION OF WHAT FURTHER ELEMENTS ARE REQUIRED  TO
 REVISE  THE  WORK  PLAN.  APPLICANTS  SHALL BE REQUIRED TO MAKE ALL WORK
 PRODUCTS PUBLICLY AVAILABLE.
   K. IF any responsible party payments become available  to  the  appli-
 cant,  the  amount of such payments attributable to expenses paid by the
 award shall be paid to the department by the  applicant;  provided  that
 the applicant may first apply such responsible party payments toward any
 actual project costs incurred by the applicant.
   §  4.  Subdivision 4 of section 970-r of the general municipal law, as
 amended by section 29 of part BB of chapter 56 of the laws of  2015,  is
 amended to read as follows:
   4. Designation of brownfield opportunity area. A. Upon completion of a
 nomination for designation of a brownfield opportunity area, it shall be
 forwarded by the applicant to the secretary, who shall determine whether
 it  is consistent with the provisions of this section. The secretary may
 review and approve a nomination for designation of a brownfield opportu-

 A. 3505                             3
 
 nity area at any time. If the secretary determines that  the  nomination
 is consistent with the provisions of this section, the brownfield oppor-
 tunity  area  shall  be designated. If the secretary determines that the
 nomination  is  not  consistent with the provisions of this section, the
 secretary shall make recommendations in writing to the applicant of  the
 manner  and nature in which the nomination should be amended. THE SECRE-
 TARY SHALL MAKE A DETERMINATION  PURSUANT  TO  THIS  SUBDIVISION  WITHIN
 NINETY DAYS OF RECEIPT OF A NOMINATION.
   B.  AS AN ALTERNATIVE MEANS OF DESIGNATION, A MUNICIPALITY MAY, AT ANY
 TIME AFTER THE SECRETARY HAS RECEIVED A COMPLETED NOMINATION FOR  DESIG-
 NATION, DESIGNATE A BROWNFIELD OPPORTUNITY AREA BY FORMALLY ADOPTING THE
 NOMINATED BROWNFIELD OPPORTUNITY AREA PLAN AS PART OF THE MUNICIPALITY'S
 COMPREHENSIVE  PLAN  FOLLOWING A DETERMINATION BY THE MUNICIPAL PLANNING
 BOARD, NOTICED TO THE SECRETARY, THAT THE NOMINATION IS CONSISTENT  WITH
 THE  PROVISIONS OF THIS ARTICLE. SUCH PLANNING BOARD'S DETERMINATION AND
 THE MUNICIPALITY'S DESIGNATION BASED ON SUCH DETERMINATION SHALL BE NULL
 AND VOID AND OF NO FORCE AND EFFECT IF WITHIN THIRTY DAYS OF THE  DETER-
 MINATION OF THE PLANNING BOARD THE SECRETARY PROVIDES WRITTEN NOTICE AND
 FINDINGS  TO THE MUNICIPALITY THAT THE SECRETARY HAS DETERMINED THAT THE
 NOMINATION IS NOT CONSISTENT WITH THE PROVISIONS OF THIS ARTICLE.
   § 5. Subdivision 6 of section 970-r of the general municipal  law,  as
 added by section 1 of part F of chapter 1 of the laws of 2003, paragraph
 a  and  subparagraphs 2 and 5 of paragraph e as amended by section 30 of
 part BB of chapter 56 of the laws of 2015 and paragraph h as amended  by
 section  1  of  part F of chapter 577 of the laws of 2004, is amended to
 read as follows:
   6. State assistance for brownfield site assessments AND IMPLEMENTATION
 ACTIVITIES in brownfield opportunity areas.  a.  Within  the  limits  of
 appropriations  therefor,  the  secretary  [of  state,] is authorized to
 provide, on a competitive basis, financial assistance to municipalities,
 to community based organizations, to community  boards,  or  to  munici-
 palities  and  community  based  organizations  acting in cooperation to
 conduct brownfield site assessments. Such financial assistance shall not
 exceed ninety percent of the costs of such brownfield site assessment.
   [b.] Brownfield sites eligible for such assistance must be owned by  a
 municipality, or volunteer as such term is defined in section 27-1405 of
 the environmental conservation law.
   [c.]  Brownfield  site  assessment  activities  eligible  for  funding
 include, but are not limited to, testing of properties to determine  the
 nature and extent of the contamination (including soil and groundwater),
 environmental  assessments,  the  development  of a proposed remediation
 strategy to address any identified contamination, and any  other  activ-
 ities  deemed  appropriate  by the commissioner in consultation with the
 secretary of state. Any environmental assessment shall be subject to the
 review and approval of such commissioner.
   [d.] Applications for such assistance FOR  SITE  ASSESSMENT  shall  be
 submitted  to  BOTH  THE SECRETARY AND the commissioner in a format, and
 containing such  information,  as  prescribed  by  the  commissioner  in
 consultation with the secretary [of state].
   B.  WITHIN  THE  LIMITS  OF  APPROPRIATIONS THEREFOR, THE SECRETARY IS
 AUTHORIZED TO PROVIDE, ON A COMPETITIVE BASIS, FINANCIAL  ASSISTANCE  TO
 MUNICIPALITIES,  TO  COMMUNITY BASED ORGANIZATIONS, TO COMMUNITY BOARDS,
 OR TO MUNICIPALITIES AND COMMUNITY BASED ORGANIZATIONS ACTING IN COOPER-
 ATION TO CONDUCT IMPLEMENTATION ACTIVITIES IN A  BROWNFIELD  OPPORTUNITY
 AREA  DESIGNATED  PURSUANT  TO  THIS  SECTION. SUCH FINANCIAL ASSISTANCE
 SHALL NOT EXCEED NINETY PERCENT OF THE COSTS OF SUCH ACTIVITIES.  IMPLE-

 A. 3505                             4
 
 MENTATION  ACTIVITIES  ELIGIBLE  FOR FUNDING INCLUDE BUT ARE NOT LIMITED
 TO, DEMOLITION, ASBESTOS  REMOVAL,  FINANCIAL  ANALYSIS,  INFRASTRUCTURE
 IMPROVEMENT, DESIGN, LANDSCAPING, ENVIRONMENTAL ASSESSMENT, AND ENHANCE-
 MENT  OR ADDITION OF PUBLIC AMENITIES.  APPLICATIONS FOR SUCH ASSISTANCE
 SHALL PROVIDE A DESCRIPTION  OF  THE  PROPOSED  ACTIVITY  OR  ACTIVITIES
 SUFFICIENT  TO DEMONSTRATE ANTICIPATED COSTS AND HOW THE PROPOSED ACTIV-
 ITY OR ACTIVITIES ADVANCES THE GOALS AND OBJECTIVES  OF  THE  BROWNFIELD
 OPPORTUNITY PLAN.
   [e] C. Funding preferences [shall be given to applications] for [such]
 assistance  PURSUANT  TO THIS SUBDIVISION SHALL BE GIVEN TO APPLICATIONS
 that relate to areas having one or  more  of  the  following  character-
 istics:
   (1)  areas  for  which the application is a partnered application by a
 municipality and a community based organization;
   (2) areas with concentrations of known or suspected brownfield sites;
   (3) areas for which the application demonstrates support from a  muni-
 cipality and a community based organization;
   (4)  areas showing indicators of economic distress including low resi-
 dent  incomes,  high  unemployment,  high  commercial   vacancy   rates,
 depressed property values; and
   (5)  areas with known or suspected brownfield sites presenting strate-
 gic opportunities to stimulate economic development, community revitali-
 zation or the siting of public amenities.
   [f] D. The [commissioner] SECRETARY, upon the receipt of  an  applica-
 tion  for  such  assistance  from  a community based organization not in
 cooperation with the  local  government  having  jurisdiction  over  the
 proposed  brownfield  opportunity  area,  shall  request  the  municipal
 government to review and state the  municipal  government's  support  or
 lack  of  support. The municipal government's statement shall be consid-
 ered a part of the application.
   [g] E. Prior to making an award  for  assistance,  the  [commissioner]
 SECRETARY  shall  notify  the  temporary president of the senate and the
 speaker of the assembly.
   [h] F. Following notification to the  applicant  that  assistance  has
 been  awarded,  and prior to disbursement of funds[, a contract shall be
 executed between the department and the applicant or co-applicants.  The
 commissioner  shall establish terms and conditions for such contracts as
 the commissioner deems appropriate in consultation with the secretary of
 state, including provisions to define: applicant's],  THE  APPLICANT  OR
 APPLICANTS  SHALL  SUBMIT  A  PROPOSED  IMPLEMENTATION  WORK PLAN TO THE
 DEPARTMENT AND RECEIVE APPROVAL FOR SUCH WORK PLAN. THE WORK PLAN  SHALL
 INCLUDE work scope, work schedule, and deliverables[;], INCLUDING fiscal
 reports  on  budgeted and actual use of funds expended[;], and [require-
 ments] THE ANTICIPATED DATE for submission of a final  [fiscal]  report.
 The  [contract]  WORK  PLAN  shall also require the distribution of work
 products to the department, and, for community based  organizations,  to
 the  applicant's  municipality.    WITHIN  SIXTY  DAYS  OF  RECEIPT OF A
 PROPOSED WORK PLAN OR REVISED WORK PLAN,  THE  DEPARTMENT  SHALL  EITHER
 APPROVE  THE  WORK  PLAN  OR  PROVIDE THE APPLICANT OR APPLICANTS WITH A
 NOTICE OF DEFICIENCY, WHICH SHALL INCLUDE A DETAILED DESCRIPTION OF WHAT
 FURTHER ELEMENTS ARE REQUIRED TO REVISE THE WORK PLAN. Applicants  shall
 be  required to make [the results] ALL WORK PRODUCTS publicly available.
 [Such contract shall further include a provision providing that if]
   G. IF any responsible party payments become available  to  the  appli-
 cant,  the  amount of such payments attributable to expenses paid by the
 award shall be paid to the department by the  applicant;  provided  that

 A. 3505                             5
 
 the  applicant  may  first apply such responsible party payments towards
 actual project costs incurred by the applicant.
   §  6.  Subdivision 7 of section 970-r of the general municipal law, as
 amended by chapter 390 of the laws  of  2008,  is  amended  to  read  as
 follows:
   7.  Amendments  to designated area. Any proposed amendment to a brown-
 field opportunity area [designated pursuant to this section]  OR  BROWN-
 FIELD  OPPORTUNITY  AREA  PLAN  shall  be  [proposed]  SUBMITTED TO, and
 reviewed by the secretary[, in the same manner and using the same crite-
 ria set forth in this section and applicable to  an  initial  nomination
 for  the  designation  of a brownfield opportunity area].  THE SECRETARY
 SHALL PROMULGATE RULES THAT CONTAIN CRITERIA AND TIMEFRAMES  FOR  REVIEW
 AND APPROVAL OF AMENDMENTS.
   §  7.  Subdivision 8 of section 970-r of the general municipal law, as
 added by section 1 of part F of chapter  1  of  the  laws  of  2003,  is
 amended to read as follows:
   8.  Applications.  a.  All  applications  for  [pre-nomination  study]
 assistance [or applications] AND NOMINATIONS for designation of a brown-
 field opportunity area shall demonstrate that  the  following  community
 participation  activities  have  been or will be performed by the appli-
 cant:
   (1) identification of the  interested  public  and  preparation  of  a
 contact list;
   (2) identification of major issues of public concern;
   (3) provision [to] FOR access to [the draft and final] ANY application
 for  [pre-nomination]  assistance and NOMINATION FOR brownfield opportu-
 nity area designation AND supporting documents in a manner convenient to
 the public;
   (4) public notice and newspaper notice of (i) the intent of the  muni-
 cipality and/or community based organization to [undertake a pre-nomina-
 tion  process  or  prepare] SEEK ASSISTANCE FOR OR NOMINATE a brownfield
 opportunity area [plan], and (ii) the availability of such application.
   b. Application for nomination of a brownfield opportunity  area  shall
 provide the following minimum community participation activities:
   (1) a comment period of at least thirty days on a draft application;
   (2)  a  public meeting on a brownfield opportunity area draft applica-
 tion.
   § 8. Subdivision 10 of section 970-r of the general municipal law,  as
 added  by  section  31  of part BB of chapter 56 of the laws of 2015, is
 amended to read as follows:
   10. [The] BY DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHTEEN, THE  secre-
 tary  shall  establish criteria for brownfield opportunity area conform-
 ance determinations for purposes of  the  brownfield  redevelopment  tax
 credit  component  pursuant  to clause (ii) of subparagraph (B) of para-
 graph [(5)] FIVE of subdivision (a) of section  twenty-one  of  the  tax
 law. In establishing criteria, the secretary shall be guided by, but not
 limited  to,  the  following  considerations:  how  the proposed use and
 development advances the designated brownfield opportunity  area  plan's
 vision  statement,  goals  and  objectives  for  revitalization; how the
 density of development and associated buildings and structures  advances
 the  plan's objectives, desired redevelopment and priorities for invest-
 ment; and how the project complies with zoning and other local laws  and
 standards to guide and ensure appropriate use of the project site.
   § 9. Section 970-r of the general municipal law is amended by adding a
 new subdivision 11 to read as follows:

 A. 3505                             6
 
   11.  BY  DECEMBER  THIRTY-FIRST,  TWO THOUSAND EIGHTEEN, THE SECRETARY
 SHALL ESTABLISH CRITERIA FOR DETERMINING CONSISTENCY WITH  THIS  SECTION
 FOR  PURPOSES OF BROWNFIELD OPPORTUNITY AREA DESIGNATIONS. IN ESTABLISH-
 ING CRITERIA, THE SECRETARY SHALL BE GUIDED BY, BUT NOT LIMITED TO,  THE
 FOLLOWING  CONSIDERATIONS:  HOW  ADEQUATELY THE NOMINATION DESCRIBES THE
 CURRENT STATUS OF THE BROWNFIELD OPPORTUNITY  AREA,  WHETHER  THE  NOMI-
 NATION PRESENTS AN ATTAINABLE AND REALISTIC PLAN FOR REVITALIZATION, AND
 WHETHER THE PLAN IS SUPPORTED BY THE COMMUNITY.
   § 10. This act shall take effect immediately.