Senate Bill S5868

2023-2024 Legislative Session

Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract

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Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S5868 - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1407 & 27-1409, En Con L

2023-S5868 - Summary

Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract as it relates to certain remediation activities, for sites that are seeking or have received a determination that the site is eligible for the tangible property credit component of the brownfield redevelopment tax credit, and the work is paid for in whole or in part by public funds.

2023-S5868 - Sponsor Memo

2023-S5868 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5868
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
   printed to be committed to the Committee on Environmental Conservation
 
 AN ACT to amend the  environmental  conservation  law,  in  relation  to
   imposing  certain  brownfield remediation site work requirements to be
   eligible for the tangible property tax credit associated  with  brown-
   field redevelopment
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision 1-a of section 27-1407
 of the environmental conservation law, as added by section 3 of part  BB
 of chapter 56 of the laws of 2015, is amended to read as follows:
   Sites  are  not eligible for tangible property tax credits if: (a) the
 contamination from ground water or soil vapor is solely  emanating  from
 property  other than the site subject to the present application; or (b)
 the department has determined that  the  property  has  previously  been
 remediated  pursuant to titles nine, thirteen and fourteen of this arti-
 cle, title five of article fifty-six of this chapter and article  twelve
 of  the  navigation  law  such  that  it  may  be developed for its then
 intended use; OR (C) REMEDIAL ACTIVITIES AS DEFINED IN  PARAGRAPHS  (C),
 (D),  OR  (F)  OF  SUBDIVISION FIVE OF SECTION 27-1405 OF THIS TITLE ARE
 PERFORMED BY CONSTRUCTION WORKERS ON A SITE WHO ARE PAID LESS  THAT  THE
 PREVAILING  RATE OF WAGES SET FORTH BY SECTION TWO HUNDRED TWENTY OF THE
 LABOR LAW, UNLESS SUCH SITE IS AN AFFORDABLE HOUSING PROJECT AS  DEFINED
 IN SUBDIVISION TWENTY-NINE OF SECTION 27-1405 OF THIS TITLE.
   § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
 environmental  conservation  law,  as  amended by section 3 of part A of
 chapter 577 of the laws of 2004, are amended and a new paragraph (e)  is
 added to read as follows:
   (c)  there  is  an  order providing for the investigation, removal, or
 remediation of contamination relating to the brownfield site against the
 person who is requesting participation; [or]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10107-01-3
              

co-Sponsors

2023-S5868A - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1407 & 27-1409, En Con L

2023-S5868A - Summary

Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract as it relates to certain remediation activities, for sites that are seeking or have received a determination that the site is eligible for the tangible property credit component of the brownfield redevelopment tax credit, and the work is paid for in whole or in part by public funds.

2023-S5868A - Sponsor Memo

2023-S5868A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5868--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sens.  HARCKHAM, WEBB -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation  --  reported favorably from said committee and committed
   to the Committee on Finance --  committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN  ACT  to  amend  the  environmental  conservation law, in relation to
   imposing certain brownfield remediation site work requirements  to  be
   eligible  for  the tangible property tax credit associated with brown-
   field redevelopment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision 1-a of section 27-1407
 of  the environmental conservation law, as added by section 3 of part BB
 of chapter 56 of the laws of 2015, is amended to read as follows:
   Sites are not eligible for tangible property tax credits if:  (a)  the
 contamination  from  ground water or soil vapor is solely emanating from
 property other than the site subject to the present application; or  (b)
 the  department  has  determined  that  the property has previously been
 remediated pursuant to titles nine, thirteen and fourteen of this  arti-
 cle,  title five of article fifty-six of this chapter and article twelve
 of the navigation law such  that  it  may  be  developed  for  its  then
 intended  use;  OR  (C) REMEDIAL ACTIVITIES AS DEFINED IN PARAGRAPH (C),
 (D), OR (F) OF SUBDIVISION FIVE OF SECTION 27-1405  OF  THIS  TITLE  ARE
 PERFORMED  BY  CONSTRUCTION WORKERS ON A SITE WHO ARE PAID LESS THAN THE
 PREVAILING RATE OF WAGES SET FORTH BY SECTION TWO HUNDRED TWENTY OF  THE
 LABOR  LAW, UNLESS SUCH SITE IS AN AFFORDABLE HOUSING PROJECT AS DEFINED
 IN SUBDIVISION TWENTY-NINE OF SECTION 27-1405 OF THIS TITLE.
   § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
 environmental conservation law, as amended by section 3  of  part  A  of
 chapter  577 of the laws of 2004, are amended and a new paragraph (e) is
 added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10107-03-3
              

co-Sponsors

2023-S5868B (ACTIVE) - Details

Law Section:
Environmental Conservation Law
Laws Affected:
Amd §§27-1407 & 27-1409, En Con L

2023-S5868B (ACTIVE) - Summary

Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract as it relates to certain remediation activities, for sites that are seeking or have received a determination that the site is eligible for the tangible property credit component of the brownfield redevelopment tax credit, and the work is paid for in whole or in part by public funds.

2023-S5868B (ACTIVE) - Sponsor Memo

2023-S5868B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5868--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 20, 2023
                                ___________
 
 Introduced  by  Sens.  HARCKHAM,  BAILEY,  BROUK,  CHU,  COMRIE, COONEY,
   FERNANDEZ, GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON,  LIU,
   MATTERA,  MAY,  MAYER, PALUMBO, RAMOS, RIVERA, RYAN, SANDERS, SCARCEL-
   LA-SPANTON, SEPULVEDA, SKOUFIS, STAVISKY, WEBB, WEBER  --  read  twice
   and ordered printed, and when printed to be committed to the Committee
   on  Environmental Conservation -- reported favorably from said commit-
   tee and committed to the Committee on Finance -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  recommitted to the Committee on Environmental Conserva-
   tion in accordance with Senate Rule 6, sec. 8  --  reported  favorably
   from  said  committee  and  committed  to  the Committee on Finance --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the environmental conservation law and the labor law, in
   relation  to  prevailing  wage  requirements  applicable to brownfield
   remediation work performed under private contract
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The closing paragraph of subdivision 1-a of section 27-1407
 of  the environmental conservation law, as added by section 3 of part BB
 of chapter 56 of the laws of 2015, is amended to read as follows:
   Sites are not eligible for tangible property tax credits if:  (a)  the
 contamination  from  ground water or soil vapor is solely emanating from
 property other than the site subject to the present application; or  (b)
 the  department  has  determined  that  the property has previously been
 remediated pursuant to titles nine, thirteen and fourteen of this  arti-
 cle,  title five of article fifty-six of this chapter and article twelve
 of the navigation law such  that  it  may  be  developed  for  its  then
 intended  use; OR (C) NOT IN COMPLIANCE WITH SECTION TWO HUNDRED TWENTY-
 FOUR-G OF THE LABOR LAW.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10107-10-4
 S. 5868--B                          2
              

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