NY State Senate Bill 2025-S5379

Senate Bill S5379

2025-2026 Legislative Session

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

download bill text pdf

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 21, 2025	referred to environmental conservation

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2025-S5379 (ACTIVE) - Details

See Assembly Version of this Bill:: A4914
Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Amd §§27-1407 & 27-1409, En Con L; add §224-g, Lab L
Versions Introduced in 2023-2024 Legislative Session:: S5868, A7491

2025-S5379 (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.

2025-S5379 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5379

SPONSOR: HARCKHAM
 
TITLE OF BILL:

An act to amend the environmental conservation law and the labor law, in
relation to prevailing wage requirements applicable to brownfield reme-
diation work performed under private contract

 
PURPOSE:

Imposes certain brownfield remediation site work requirements under
private contract to be eligible for the tangible property tax credit
associated with brownfield redevelopment

 
SUMMARY OF PROVISIONS:

Section 1 amends section 27-1407 of the environmental conservation law
by adding a new section 3 stating brownfield sites will not be eligible
for tangible property tax credits if the contamination from groundwater
or soil vapor is solely emanating from property other than the site
subject to the present application, or the site has been previously

remediated pursuant to navigation law, or remedial activities are
performed by construction workers paid less than the prevailing rate of
wages set forth by section two hundred twenty of the labor law unless
the site is an affordable housing project.

Section 2 expands the scenarios for denial of requests to participate in
the brownfield remediation program to include labor law violations.

Section 3 authorizes the department to terminate a brownfield site
cleanup agreement if the participant does not comply with the rules
regarding the payment of construction workers, including the prevailing
wage requirements.

Section 4 adds new section 224-g to the labor law detailing 9 subdivi-
sions on prevailing wage requirements applicable to brownfield remedi-
ation work performed under private contract. This section features defi-
nitions and comprehensive schemes for oversight to ensure compliance
with the labor law. It also grants the department authority to deny
participation in the Brownfield Cleanup Program if the person requesting
participation does not require construction workers to be paid the
prevailing rate of wages set forth by section two hundred twenty of the
labor law. This does not apply in the case of affordable housing
projects.

Section 5 states the effective date.

 
JUSTIFICATION:

According to the New York State Department of Environmental Conserva-
tion, brownfields are any real property in which a contaminant is pres-
ent at levels exceeding the soil cleanup objectives or other health-
based or environmental standards.  Brownfield remediation is the work
involved to remove or close off points of contamination within a plot of
land or property so that it can be used once again without causing a
health risk. This provides numerous benefits- such as mitigating the
threat to public health and the environment and economic investment in
local communities.
Brownfield remediation is dangerous work and requires the use of a
trained and skilled workforce. Prevailing wage requirements promote the
use of a highly skilled and specialized workforce, serving to better
protect workers and the general public, as well as increase overall
project efficiency. This bill continues the state's efforts to protect
workers in the just transition. Additionally, prevailing wage require-
ments uplift communities by bolstering local economies.  For every $1
spent on prevailing wage, $1.50 is infused back into the economy,
supporting local businesses and municipalities across the state.

 
LEGISLATIVE HISTORY:

2023-2024: S5868B/A7941 - Vetoed by Governor

 
FISCAL IMPLICATIONS:

TBD

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all requests
for participation received pursuant to section 27-1407 of the environ-
mental conservation law received on or after such date.

2025-S5379 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5379
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 21, 2025
                                ___________
 
 Introduced  by Sens. HARCKHAM, BAILEY, BROUK, COMRIE, COONEY, FERNANDEZ,
   GONZALEZ, GOUNARDES, HINCHEY, HOYLMAN-SIGAL, JACKSON,  LIU,  MARTINEZ,
   MATTERA,  MAY, MAYER, MURRAY, PALUMBO, RAMOS, RHOADS, RIVERA, S. RYAN,
   SANDERS, SCARCELLA-SPANTON, SEPULVEDA, SKOUFIS, STAVISKY, WEBB,  WEBER
   -- 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 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.
   § 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.
                                                            LBD05827-01-5
 S. 5379                             2

 
   (d)  [The]  THE  person  requesting  participation  is  subject  to an
 outstanding claim as provided in subdivision four of this section[.]; OR
   (E)  THE  PERSON REQUESTING PARTICIPATION DOES NOT DEMONSTRATE COMPLI-
 ANCE WITH SECTION TWO HUNDRED TWENTY-FOUR-G OF THE LABOR LAW.
   § 3. Subdivision 5 of section 27-1409 of the  environmental  conserva-
 tion  law,  as amended by section 4 of part A of chapter 577 of the laws
 of 2004, is amended to read as follows:
   5. One authorizing the  department  to  terminate  a  brownfield  site
 cleanup  agreement  at any time during the implementation of such agree-
 ment if the applicant implementing such agreement fails to substantially
 comply  with  such  agreement's  terms  and  conditions,  INCLUDING  THE
 PREVAILING WAGE REQUIREMENTS OF SECTION TWO HUNDRED TWENTY-FOUR-G OF THE
 LABOR LAW;
   § 4. The labor law is amended by adding a new section 224-g to read as
 follows:
   § 224-G. PREVAILING WAGE REQUIREMENTS APPLICABLE TO BROWNFIELD REMEDI-
 ATION   WORK  PERFORMED  UNDER  PRIVATE  CONTRACT.  1.  SUBJECT  TO  THE
 PROVISIONS OF THIS SECTION, COVERED BROWNFIELD REMEDIATION WORK SHALL BE
 SUBJECT TO PREVAILING WAGE REQUIREMENTS IN ACCORDANCE WITH SECTIONS  TWO
 HUNDRED TWENTY AND TWO HUNDRED TWENTY-B OF THIS ARTICLE AS IT RELATES TO
 THE  FOLLOWING  REMEDIATION  ACTIVITIES: (A) ALL CONSTRUCTION ACTIVITIES
 INCLUDING WITHOUT LIMITATION GRADING, CONTOURING,  TRENCHING,  GROUTING,
 CAPPING, EXCAVATING, INCINERATING, THERMALLY TREATING, CHEMICALLY TREAT-
 ING,  BIOLOGICALLY TREATING, CONSTRUCTING LEACHATE COLLECTION AND TREAT-
 MENT SYSTEMS OR APPLICATION OF INNOVATIVE TECHNOLOGIES APPROVED  BY  THE
 DEPARTMENT;  (B)  INTERIM  REMEDIAL MEASURES; AND (C) RESTORATION OF THE
 ENVIRONMENT.  REMEDIATION ACTIVITIES WHICH ARE AS DEFINED  IN  PARAGRAPH
 (A), (B), (E), (G), OR (H) OF SUBDIVISION FIVE OF SECTION 27-1405 OF THE
 ENVIRONMENTAL  CONSERVATION LAW  SHALL NOT BE SUBJECT TO PREVAILING WAGE
 REQUIREMENTS IN ACCORDANCE WITH THIS SECTION.
   2. A PROJECT SHALL BE DEEMED A "COVERED BROWNFIELD  REMEDIATION  WORK"
 WHERE:  (A) THE SITE IS SEEKING OR HAS RECEIVED A DETERMINATION THAT THE
 SITE IS ELIGIBLE FOR THE  TANGIBLE  PROPERTY  CREDIT  COMPONENT  OF  THE
 BROWNFIELD  REDEVELOPMENT  TAX  CREDIT  PURSUANT  TO  PARAGRAPH THREE OF
 SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW; AND (B) WHERE  THE
 WORK  IS  PAID FOR IN WHOLE OR IN PART BY PUBLIC FUNDS, WHERE THE AMOUNT
 OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED, IS AT LEAST THIRTY PERCENT OF
 THE TOTAL CONSTRUCTION PROJECT COSTS AND WHERE SUCH  PROJECT  COSTS  ARE
 OVER FIVE MILLION DOLLARS.
   3. (A) FOR PURPOSES OF THIS SECTION, "PAID FOR IN WHOLE OR IN PART OUT
 OF PUBLIC FUNDS" SHALL MEAN ANY OF THE FOLLOWING:
   (I)  THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
 ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO  OR  ON
 BEHALF  OF THE CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT
 SUBJECT TO REPAYMENT;
   (II) THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST RATES,  OR  OTHER
 LOAN  COSTS,  OR  INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
 SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS,  TAX  ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
 OF  TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS
 THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE EXCEPT FOR THE
 INVOLVEMENT OF THE PUBLIC ENTITY;
   (III) MONEY LOANED BY THE PUBLIC ENTITY THAT IS  TO  BE  REPAID  ON  A
 CONTINGENT BASIS;
   (IV)  CREDITS  THAT ARE APPLIED BY THE PUBLIC ENTITY AGAINST REPAYMENT
 OF OBLIGATIONS TO THE PUBLIC ENTITY; OR
 S. 5379                             3
 
   (V) BENEFITS UNDER SECTION FOUR  HUNDRED  SIXTY-SEVEN-M  OF  THE  REAL
 PROPERTY TAX LAW.
   (B)  FOR  PURPOSES OF THIS SECTION, "PUBLIC ENTITY" SHALL INCLUDE, BUT
 SHALL NOT BE LIMITED TO, THE STATE, A LOCAL DEVELOPMENT  CORPORATION  AS
 DEFINED  IN  SUBDIVISION  EIGHT  OF  SECTION EIGHTEEN HUNDRED ONE OF THE
 PUBLIC AUTHORITIES LAW OR SECTION FOURTEEN HUNDRED ELEVEN  OF  THE  NOT-
 FOR-PROFIT  CORPORATION  LAW,  A  MUNICIPAL  CORPORATION  AS  DEFINED IN
 SECTION ONE HUNDRED NINETEEN-N OF THE GENERAL MUNICIPAL LAW,  AN  INDUS-
 TRIAL  DEVELOPMENT  AGENCY  FORMED PURSUANT TO ARTICLE EIGHTEEN-A OF THE
 GENERAL MUNICIPAL  LAW  OR  INDUSTRIAL  DEVELOPMENT  AUTHORITIES  FORMED
 PURSUANT  TO ARTICLE EIGHT OF THE PUBLIC AUTHORITIES LAW, AND ANY STATE,
 LOCAL OR INTERSTATE OR INTERNATIONAL AUTHORITIES AS DEFINED  IN  SECTION
 TWO  OF  THE PUBLIC AUTHORITIES LAW; AND SHALL INCLUDE ANY TRUST CREATED
 BY ANY SUCH ENTITIES.
   4. FOR PURPOSES OF THIS SECTION "COVERED BROWNFIELD REMEDIATION  WORK"
 SHALL NOT INCLUDE THE FOLLOWING: (A) CONSTRUCTION WORK PERFORMED UNDER A
 PRE-HIRE  COLLECTIVE BARGAINING AGREEMENT BETWEEN AN OWNER OR CONTRACTOR
 AND A BONA FIDE BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION WHICH
 HAS ESTABLISHED ITSELF AS THE COLLECTIVE BARGAINING  REPRESENTATIVE  FOR
 ALL  PERSONS WHO WILL PERFORM WORK ON SUCH A PROJECT, AND WHICH PROVIDES
 THAT ONLY CONTRACTORS  AND  SUBCONTRACTORS  WHO  SIGN  A  PRE-NEGOTIATED
 AGREEMENT  WITH  THE  LABOR  ORGANIZATION  CAN  PERFORM  WORK  ON SUCH A
 PROJECT, OR CONSTRUCTION WORK PERFORMED UNDER A LABOR  PEACE  AGREEMENT,
 PROJECT  LABOR AGREEMENT, OR ANY OTHER CONSTRUCTION WORK PERFORMED UNDER
 AN ENFORCEABLE AGREEMENT BETWEEN AN OWNER OR CONTRACTOR AND A BONA  FIDE
 BUILDING AND CONSTRUCTION TRADE LABOR ORGANIZATION; OR
   (B)  AN  AFFORDABLE  HOUSING PROJECT AS DEFINED IN SUBDIVISION TWENTY-
 NINE OF SECTION 27-1405 OF THE ENVIRONMENTAL CONSERVATION LAW.
   5. UPON REQUEST OF THE COMMISSIONER, THE DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION   SHALL   PROVIDE   SITE   INFORMATION,   INCLUDING   TOTAL
 CONSTRUCTION PROJECT COSTS AND PROJECT COSTS, TO THE COMMISSIONER.
   6. FOR PURPOSES OF THIS SECTION, THE "FISCAL OFFICER" SHALL BE  DEEMED
 TO  BE THE COMMISSIONER. THE ENFORCEMENT OF ANY COVERED BROWNFIELD REME-
 DIATION WORK PURSUANT TO THIS SECTION SHALL BE SUBJECT TO  THE  REQUIRE-
 MENTS  OF SECTIONS TWO HUNDRED TWENTY, TWO HUNDRED TWENTY-A, TWO HUNDRED
 TWENTY-B, TWO HUNDRED TWENTY-I, TWO HUNDRED  TWENTY-THREE,  TWO  HUNDRED
 TWENTY-FOUR-B,  AND  TWO HUNDRED TWENTY-SEVEN OF THIS CHAPTER AND WITHIN
 THE JURISDICTION OF  THE  FISCAL  OFFICER;  PROVIDED,  HOWEVER,  NOTHING
 CONTAINED IN THIS SECTION SHALL BE DEEMED TO CONSTRUE ANY COVERED BROWN-
 FIELD  REMEDIATION WORK AS OTHERWISE BEING CONSIDERED PUBLIC WORK PURSU-
 ANT TO THIS ARTICLE.
   7. THE FISCAL OFFICER MAY ISSUE RULES AND  REGULATIONS  GOVERNING  THE
 PROVISIONS  OF THIS SECTION. VIOLATIONS OF THIS SECTION SHALL BE GROUNDS
 FOR DETERMINATIONS AND ORDERS PURSUANT TO SECTION TWO  HUNDRED  TWENTY-B
 OF THIS ARTICLE.
   8.  EACH  OWNER  AND  DEVELOPER  SUBJECT  TO  THE REQUIREMENTS OF THIS
 SECTION SHALL COMPLY WITH THE OBJECTIVES AND GOALS OF CERTIFIED MINORITY
 AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO  ARTICLE  FIFTEEN-A  OF
 THE  EXECUTIVE  LAW  AND  CERTIFIED SERVICE-DISABLED VETERAN-OWNED BUSI-
 NESSES PURSUANT TO ARTICLE THREE OF  THE  VETERANS'  SERVICES  LAW.  THE
 DEPARTMENT  IN  CONSULTATION  WITH  THE  COMMISSIONER OF THE DIVISION OF
 MINORITY AND WOMEN'S BUSINESS DEVELOPMENT AND THE DIRECTOR OF THE  DIVI-
 SION  OF  SERVICE-DISABLED  VETERANS'  BUSINESS  DEVELOPMENT  SHALL MAKE
 TRAINING AND RESOURCES AVAILABLE  TO  ASSIST  MINORITY  AND  WOMEN-OWNED
 BUSINESS  ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
 PRISES ON COVERED BROWNFIELD REMEDIATION WORK TO  ACHIEVE  AND  MAINTAIN
 S. 5379                             4
 
 COMPLIANCE  WITH PREVAILING WAGE REQUIREMENTS. THE DEPARTMENT SHALL MAKE
 SUCH TRAINING AND RESOURCES AVAILABLE ONLINE AND SHALL  AFFORD  MINORITY
 AND  WOMEN-OWNED BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED
 BUSINESS ENTERPRISES AN OPPORTUNITY TO SUBMIT COMMENTS ON SUCH TRAINING.
   9.  (A) THE FISCAL OFFICER SHALL REPORT TO THE GOVERNOR, THE TEMPORARY
 PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY BY JULY  FIRST,
 TWO  THOUSAND  TWENTY-SIX, AND ANNUALLY THEREAFTER, ON THE PARTICIPATION
 OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN RELATION TO  COVERED
 BROWNFIELD REMEDIATION WORK SUBJECT TO THE PROVISIONS OF THIS SECTION AS
 WELL  AS  THE  DIVERSITY  PRACTICES  OF  CONTRACTORS  AND SUBCONTRACTORS
 EMPLOYING LABORERS, WORKERS, AND MECHANICS ON SUCH PROJECTS.
   (B) SUCH REPORTS SHALL INCLUDE AGGREGATED DATA ON THE UTILIZATION  AND
 PARTICIPATION  OF  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES, THE
 EMPLOYMENT OF MINORITIES AND WOMEN IN CONSTRUCTION-RELATED JOBS ON  SUCH
 PROJECTS,  AND  THE COMMITMENT OF CONTRACTORS AND SUBCONTRACTORS ON SUCH
 PROJECTS TO ADOPTING PRACTICES AND POLICIES THAT PROMOTE DIVERSITY WITH-
 IN THE WORKFORCE. THE REPORTS  SHALL  ALSO  EXAMINE  THE  COMPLIANCE  OF
 CONTRACTORS  AND  SUBCONTRACTORS WITH OTHER EQUAL EMPLOYMENT OPPORTUNITY
 REQUIREMENTS AND ANTI-DISCRIMINATION LAWS,  IN  ADDITION  TO  ANY  OTHER
 EMPLOYMENT PRACTICES DEEMED PERTINENT BY THE COMMISSIONER.
   (C)  THE FISCAL OFFICER MAY REQUIRE ANY OWNER OR DEVELOPER TO DISCLOSE
 INFORMATION ON THE PARTICIPATION OF MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES  AND  THE DIVERSITY PRACTICES OF CONTRACTORS AND SUBCONTRAC-
 TORS INVOLVED IN THE PERFORMANCE OF ANY COVERED  BROWNFIELD  REMEDIATION
 WORK.    IT  SHALL  BE  THE DUTY OF THE FISCAL OFFICER TO CONSULT AND TO
 SHARE SUCH INFORMATION IN ORDER TO EFFECTUATE THE REQUIREMENTS  OF  THIS
 SECTION.
   §  5. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law and shall apply to  all
 requests  for  participation received pursuant to section 27-1407 of the
 environmental conservation law received on or after such date.

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