NY State Senate Bill 2025-S4263

Senate Bill S4263

2025-2026 Legislative Session

Relates to the availability of technical assistance grants in brownfield site remedial programs

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Current Bill Status - In Senate Committee Environmental Conservation Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 03, 2025	referred to environmental conservation

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2025-S4263 (ACTIVE) - Details

See Assembly Version of this Bill:: A5714
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1405, 27-1409, 27-1415 & 27-1417, En Con L
Versions Introduced in 2023-2024 Legislative Session:: S7195, A7396

2025-S4263 (ACTIVE) - Summary

Relates to the availability of technical assistance grants in brownfield site remedial programs; provides that the commissioner of environmental conservation shall provide grants to the New York city community board with jurisdiction over the site or to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site which may be affected by a brownfield site remedial program.

2025-S4263 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4263

SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
availability of technical assistance grants in brownfield site remedial
programs

 
PURPOSE OF BILL:

This bill would allow communities to apply and receive a Technical
Assistance Grant as soon as a project is approved to the Brownfield
Cleanup Program. The bill also changes several references of "citizen"
to "community" throughout the act.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 6 of section 27-1405 of the
environmental conservation law to change any references of "citizen" to
"community."

Section two of the bill amends paragraph (b) subdivision 2 of section

27-1409 of the environmental conservation law to mandate that the cost
of a technical assistance grant must be covered by the participant
developer. This section also amends subdivision 9 of section 27-1409 to
change any references of "citizen" to "community."

Section three of the bill amends subparagraph (vi) of paragraph (i) of
subdivision 3 of section 27-1415 of the environmental conservation law
to change any references of "citizen" to "community."

Section four of the bill amends section 27-1417 of the environmental
conservation law to mandate that technical assistance grants be made
available to any qualifying community group or New York City community
board with jurisdiction over any brownfield cleanup site.  This section
further requires that the participant developer pay the costs of the
grant and information on the availability of technical assistance grants
be included in the community participation handbook produced by the
Department of Environmental Conservation (DEC).

Section five of the bill sets forth the effective date.

 
JUSTIFICATION:

In New York City alone, there are over 200 brownfield cleanup sites
currently active, leaving predominantly working class communities
exposed to hazardous toxins. Current law provides that the Department of
Environmental Conservation (DEC) can provide a Technical Assistance
Grant (TAG) of $50,000 for communities to do their own research in
regards to a brownfield site.

This grant can be utilized 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. However, a TAG can only be
applied for once the scope of remediation is already determined, giving
the community no power to protect itself. Also, a TAG must be deemed
necessary by the department.

This legislation would allow communities to apply and receive Technical
Assistance Grants as soon as a project is approved to the Brownfield
Cleanup Program - not after the Remedial Investigation Work Plan is
concluded, providing vital information to affected communities and
limiting exposure to life-threatening toxins.

This legislation also makes language changes to the statute changing the
references of "citizen" participation to "community" participation.
These changes reflect that the community participation process is open
to all affected members of the community regardless of their citizenship
status.

 
LEGISLATIVE HISTORY:

2024: S7195 (Kavanagh) / A7396 (Lee) - Vetoed Memo.113

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect on the first of February next succeeding the
date upon which it shall have become a law and shall apply to any appli-
cations received on or after such date.

2025-S4263 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4263
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2025
                                ___________
 
 Introduced by Sens. KAVANAGH, MAY -- read twice and ordered printed, and
   when printed to be committed to the Committee on Environmental Conser-
   vation
 
 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01950-01-5

 S. 4263                             2
 
 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
 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
 S. 4263                             3
 
 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
 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
 S. 4263                             4
 
 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.

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Senate Bill S4263

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Sponsored By

Brian Kavanagh