NY State Senate Bill 2025-S858

Senate Bill S858

2025-2026 Legislative Session

Extends the duration of certain brownfield redevelopment and remediation tax credits for certain sites

download bill text pdf

Current Bill Status - In Senate Committee Budget And Revenue 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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2025	referred to budget and revenue

2025-S858 (ACTIVE) - Details

Current Committee:: Senate Budget And Revenue
Law Section:: Taxation
Versions Introduced in 2023-2024 Legislative Session:: S9449

2025-S858 (ACTIVE) - Summary

Extends the duration of certain brownfield redevelopment and remediation tax credits with respect to a site located within the Renaissance Commerce Park situate within the city of Lackawanna, Erie county.

2025-S858 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S858

SPONSOR: RYAN S
 
TITLE OF BILL:

An act to extend the duration of certain brownfield redevelopment and
remediation tax credits for certain sites

 
PURPOSE:

This bill would extend the duration of the brownfield redevelopment and
remediation tax credits for a site in Lackawanna, Erie County to promote
economic rejuvenation and decontamination.

 
SUMMARY OF PROVISIONS:

Section 1: grants a site in Lackawanna, Erie County with a brownfield
cleanup agreement prior to June 23, 2008 eligibility for the brownfield
redevelopment and remediation tax credits.

Section 2: establishes the effective date.

 
JUSTIFICATION:

This bill provides a viable path for the economic revitalization of the
City of Lackawanna in Erie County. Formerly an industrial hub, the City
of Lackawanna's economic health has declined since the closure of Beth-
lehem Steel Corporation and the resulting loss of manufacturing jobs.
Decades of industrial activity have contaminated much of the land previ-
ously owned by the Bethlehem Steel Corporation, making private sector
investment for redevelopment cost prohibitive.  The surrounding area has
also been designated as a New York Climate Act Disadvantaged Community.

Recent infrastructure projects have been burdened with decontamination
costs, pertaining to residual underground foundations and structures,
and COVID-19 disruptions. The extension of certain brownfield redevelop-
ment and remediation tax credits would allow the City of Lackawanna to
attract new business and redevelop a previously unusable property. The
tax credits will also help the City of Lackawanna and New York realize
previous public infrastructure investments in the area.

 
LEGISLATIVE HISTORY:

2024: S.9449/A.8011 Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2025-S858 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    858
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sen. S. RYAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Budget and Revenue
 
 AN ACT to extend the duration of certain  brownfield  redevelopment  and
   remediation tax credits for certain sites

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. (a) Notwithstanding any provision of  law,  rule  or  regu-
 lation  to  the  contrary,  any  site for which (i) a brownfield cleanup
 agreement with the department of environmental conservation was  entered
 into  prior  to  June 23, 2008 with respect to a site located within the
 Renaissance Commerce Park situate within the city  of  Lackawanna,  Erie
 county,  (ii)  which  received  a certificate of completion on or before
 December 31, 2017, and (iii) that has not otherwise had property  placed
 in  service upon such a site as of the effective date of this act, shall
 be an eligible site for purposes of  the  brownfield  redevelopment  tax
 credits  available  to such a site pursuant to section 21 of the tax law
 as in effect for such a site as  of  the  effective  date  of  this  act
 provided  the site preparation component shall be allowed for all appli-
 cable costs incurred on such a site prior to and within the tax year  in
 which improvements on such a site are placed in service, and for a seven
 year  period following the year property is first placed in service upon
 such a site, provided, such a date occurs prior to the  2036  tax  year,
 the  on-site ground water remediation component shall be allowed for all
 applicable costs incurred on such a site prior to  and  within  the  tax
 year in which improvements on such a site are placed in service, and for
 a  seven  year  period  following  the  year property is first placed in
 service upon such a site, provided, such a date occurs prior to the 2036
 tax year, and the tangible property credit component  shall  be  allowed
 for all applicable costs incurred on such a site prior to and within the
 tax year in which improvements on such a site are placed in service, and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

 S                                                          LBD01243-01-5
 S. 858                              2
 
 for  a ten year period (120 months) following the year property is first
 placed in service upon such a site, provided such a date occurs prior to
 the 2036 tax year.
   (b) In addition, any site for which (i) a brownfield cleanup agreement
 with the department of environmental conservation was entered into prior
 to  June  23, 2008 with respect to a site located within the Renaissance
 Commerce Park situate within the city of Lackawanna, Erie  county,  (ii)
 which  received  a  certificate  of completion on or before December 31,
 2017, and (iii) that has not otherwise had property  placed  in  service
 upon  such a site as of the effective date of this act shall be eligible
 to claim the tax credit for remediated brownfields available to  such  a
 site  pursuant to section 22 of the tax law as in effect for such a site
 as of the effective date of this act  provided  the  benefit  period  as
 applicable  thereto  shall  be  deemed  to be a ten-consecutive-tax-year
 period beginning with the tax year in which improvements on such a  site
 are  placed  in  service  where said benefit period shall begin no later
 than the 2036 tax year.
   (c) Further, any site for which (i)  a  brownfield  cleanup  agreement
 with the department of environmental conservation was entered into prior
 to  June  23, 2008 with respect to a site located within the Renaissance
 Commerce Park situate within the city of Lackawanna, Erie  county,  (ii)
 which  received  a  certificate  of completion on or before December 31,
 2017, and (iii) that has not otherwise had property  placed  in  service
 upon  such  a  site  as  of  the effective date of this act, shall be an
 eligible site for purposes of claiming the  tax  credit  for  remediated
 brownfields  available  to such a site pursuant to section 22 of the tax
 law, provided that such developer as defined under section 22 of the tax
 law has purchased or in any other way  has  been  conveyed  all  or  any
 portion of such a site from any other party who or which has been issued
 a  certificate  of  completion  with  respect  to  such site and further
 provided that such purchase or conveyance occurs no later than the  2036
 tax year.
   § 2. This act shall take effect immediately.

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