S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5714
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 20, 2025
                                ___________
 
 Introduced  by  M.  of A. LEE, COLTON, OTIS -- read once and referred to
   the Committee on Environmental Conservation
 
 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
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01950-01-5
              

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 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
 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.
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   (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
 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
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 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.