S T A T E O F N E W Y O R K
________________________________________________________________________
7195--B
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the environmental conservation law, in relation to the
availability of technical assistance grants in brownfield site remedi-
al programs
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 6 of section 27-1405 of the environmental
conservation law, as amended by section 2 of part A of chapter 577 of
the laws of 2004, is amended to read as follows:
6. "[Citizen] COMMUNITY participation plan" shall mean the description
of [citizen] COMMUNITY participation activities prepared and carried out
pursuant to section 27-1417 of this title.
§ 2. Subdivisions 2 and 9 of section 27-1409 of the environmental
conservation law, subdivision 2 as amended by section 7 of part BB of
chapter 56 of the laws of 2015, and subdivision 9 as amended by section
4 of part A of chapter 577 of the laws of 2004, are amended to read as
follows:
2. One requiring: (a) the participant to pay for state costs, includ-
ing the recovery of state costs incurred before the effective date of
such agreement; provided, however, that such costs may be based on a
reasonable flat-fee for oversight, which shall reflect the projected
future state costs incurred in negotiating and overseeing implementation
of such agreement; [and]
(b) with respect to a brownfield site which: (I) the department has
determined constitutes a significant threat to the public health or
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11147-12-4
S. 7195--B 2
environment, OR (II) IS LOCATED ON AND/OR ADJACENT TO A SCHOOL OR DAY
CARE FACILITY, the department [may] SHALL include a provision requiring
the applicant to provide a technical assistance grant, as described in
subdivision four of section 27-1417 of this title and under the condi-
tions described therein, to an eligible party in accordance with proce-
dures established under such program, with the cost of such a grant
incurred by a volunteer serving as an offset against such state costs;
(C) WITH RESPECT TO ALL OTHER BROWNFIELD SITES THE DEPARTMENT MAY
INCLUDE A PROVISION REQUIRING THE APPLICANT TO PROVIDE A TECHNICAL
ASSISTANCE GRANT, AS DESCRIBED IN SUBDIVISION FOUR OF SECTION 27-1417 OF
THIS TITLE AND UNDER THE CONDITIONS DESCRIBED THEREIN, TO AN ELIGIBLE
PARTY IN ACCORDANCE WITH PROCEDURES ESTABLISHED UNDER SUCH PROGRAM, WITH
THE COST OF SUCH A GRANT INCURRED BY A VOLUNTEER SERVING AS AN OFFSET
AGAINST SUCH STATE COSTS;
9. One requiring the preparation and implementation of a [citizen]
COMMUNITY participation plan consistent with the requirements of this
title as soon as possible following execution of the agreement but no
later than prior to the preparation of a draft remedial investigation
plan by the applicant which shall include a description of [citizen]
COMMUNITY participation activities already performed by the applicant
and/or the department;
§ 3. Subparagraph (vi) of paragraph (i) of subdivision 3 of section
27-1415 of the environmental conservation law, as amended by section 7
of part A of chapter 577 of the laws of 2004, is amended to read as
follows:
(vi) Any written and oral comments submitted by members of the public
on the applicant's proposed use as part of [citizen] COMMUNITY partic-
ipation activities performed by the applicant pursuant to this title.
§ 4. Section 27-1417 of the environmental conservation law, as added
by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
(d), (e), (f), (g), (h), (i) of subdivision 3 and paragraph (a) of
subdivision 4 as amended by section 8 of part A of chapter 577 of the
laws of 2004, is amended to read as follows:
§ 27-1417. [Citizen] COMMUNITY participation.
1. [Citizen] COMMUNITY participation handbook. The commissioner shall
prepare a [citizen] COMMUNITY participation handbook for the purpose of
providing guidance to applicants in the design and implementation of
meaningful [citizen] COMMUNITY participation plans consistent with the
requirements of this section for the remediation of brownfield sites as
provided in this title. Such handbook shall encourage [citizen] COMMUNI-
TY involvement by outlining opportunities and recommended methods for
effective [citizen] COMMUNITY participation, INCLUDING THE AVAILABILITY
OF TECHNICAL ASSISTANCE GRANTS. The commissioner shall make such hand-
book available to all applicants and other interested members of the
public upon request and shall make it available on the department's
website.
2. [Citizen] COMMUNITY participation plans. (a) The design of any
[citizen] COMMUNITY participation plan, including the level of [citizen]
COMMUNITY involvement and the tools utilized, shall take into account
the scope and scale of the proposed remedial program, local interest and
history, and other relevant factors. While retaining flexibility, [citi-
zen] COMMUNITY participation plans shall embody the following principles
of meaningful [citizen] COMMUNITY participation:
(1) opportunities for [citizen] COMMUNITY involvement should be
provided as early as possible in the decision making process prior to
S. 7195--B 3
the selection of a preferred course of action by the department and/or
the applicant.
(2) activities proposed in such plan should be as reflective of the
diversity of interests and perspective found within the community as
possible, allowing the public the opportunity to have their views heard
and considered, which may include opportunities for two-way dialogue.
(3) full, timely, and accessible disclosure and sharing of information
by the department shall be provided, including the provision of techni-
cal data and the assumptions upon which the analyses are based.
(b) All [citizen] COMMUNITY participation plans shall include the
following minimum elements:
(1) identification of the interested public and preparation of a
brownfield site contact list;
(2) identification of major issues of public concern related to the
brownfield site;
(3) a description and schedule of public participation activities
required pursuant to this section; and
(4) a description and schedule of any additional public participation
activities needed to address public concerns.
3. [Citizen] COMMUNITY participation requirements. (a) In addition to
the formal milestones listed below, the public may provide comments at
any time during the remedial program.
(b) The person submitting a request for participation, in cooperation
with the department, shall provide a newspaper notice of the person's
request to participate in the program. The person, in cooperation with
the department, shall also provide notice thereof to the brownfield site
contact list. Such notice shall provide for a thirty day public comment
period following publication.
(c) Before the department finalizes the remedial investigation work-
plan, the applicant, in cooperation with the department, must notify
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing such plan and provide for a thirty day
public comment period.
(d) Before the department approves a proposed remedial investigation
report, the department, in consultation with the applicant, shall notify
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing such report.
(e) Upon the department's determination of significant threat pursuant
to section 27-1411 of this title, the department must provide notice to
individuals on the brownfield site contact list. Such notice shall
include a fact sheet describing the basis of the department's determi-
nation.
(f) Before the department finalizes a proposed remedial work plan or
makes a determination that site conditions meet the requirements of this
title without the necessity for remediation pursuant to section 27-1411
of this title, the department, in consultation with the applicant, must
notify individuals on the brownfield site contact list. Such notice
shall include a fact sheet describing such plan and provide for a
forty-five day public comment period. The commissioner shall hold a
public meeting if requested by the affected community and the commis-
sioner has found that the site constitutes a significant threat to the
public health or the environment. Further, the affected community may
request a public meeting at sites that do not constitute a significant
threat. (1) To the extent that the department has determined that site
conditions do not pose a significant threat and the site is being
addressed by a volunteer, the notice shall state that the department has
S. 7195--B 4
determined that no remediation is required for the off-site areas and
that the department's determination of a significant threat is subject
to this forty-five day comment period. (2) If the remedial work plan
includes a Track 2, Track 3 or Track 4 remedy at a non-significant
threat site, such comment period shall apply both to the approval of the
alternatives analysis by the department and the proposed remedy selected
by the applicant.
(g) Before the applicant commences construction at the brownfield
site, the applicant, in cooperation with the department, shall provide
notice to the individuals on the brownfield site contact list.
(h) Before the department approves a proposed final engineering
report, the department, in consultation with the applicant, must notify
individuals on such contact list. Such notice shall include a fact sheet
describing the brownfield site report, including any proposed institu-
tional or engineering controls.
(i) Within ten days of the issuance of a certificate of completion at
a site which will utilize institutional or engineering controls, the
applicant, in cooperation with the department, shall provide notice to
the brownfield site contact list. Such notice shall include a fact sheet
describing such controls.
4. Technical assistance grants. (a) Within the limits of appropri-
ations made available pursuant to paragraph [j] (J) of subdivision three
of section ninety-seven-b of the state finance law, the commissioner is
authorized to provide grants to THE NEW YORK CITY COMMUNITY BOARD, WHICH
SHALL HAVE THE SAME MEANING AS SET FORTH IN SECTION TWENTY-EIGHT HUNDRED
OF THE NEW YORK CITY CHARTER, IN WHICH THE SITE IS LOCATED OR TO any
not-for-profit corporation exempt from taxation under section 501(c)(3)
of the internal revenue code at any site determined to pose a signif-
icant threat by the department and which may be affected by a brownfield
site remedial program. To qualify to receive such assistance, a communi-
ty group must demonstrate that its membership represents the interests
of the community affected by such site. Furthermore, the commissioner is
authorized to direct any applicant who is a responsible party, as
defined in section 27-1313 of this article, to provide such grants. Such
grants shall be known as technical assistance grants and may be used to
obtain technical assistance in interpreting information with regard to
the nature of the hazard posed by contamination located AT or emanating
from a brownfield site or sites and the development and implementation
of a brownfield site remedial program or programs. Such grants may also
be used to hire health and safety experts to advise affected residents
on any health assessments and for the education of interested affected
community members to enable them to more effectively participate in the
remedy selection process. Grants awarded under this section may not be
used for the purposes of collecting field sampling data, political
activity or lobbying legislative bodies.
(b) The amount of any grant awarded under this section may not exceed
fifty thousand dollars at any one site.
(c) No matching contribution from the grant recipient shall be
required for a technical assistance grant. Following a grant award, a
portion of the grant shall be made available to the grant recipient, in
advance of the expenditures to be covered by the grant, in five thousand
dollar installments.
§ 5. This act shall take effect on the first of February next succeed-
ing the date upon which it shall have become a law and shall apply to
any applications received on or after such date.
