Legislation
SECTION 27-1403
Declaration of policy and findings of fact
Environmental Conservation (ENV) CHAPTER 43-B, ARTICLE 27, TITLE 14
§ 27-1403. Declaration of policy and findings of fact.
The legislature hereby finds that there are thousands of abandoned and
likely contaminated properties that threaten the health and vitality of
the communities they burden, and that these sites, known as brownfields,
are also contributing to sprawl development and loss of open space. It
is therefore declared that, to advance the policy of the state of New
York to conserve, improve, and protect its natural resources and
environment and control water, land, and air pollution in order to
enhance the health, safety, and welfare of the people of the state and
their overall economic and social well being, it is appropriate to adopt
this act to encourage persons to voluntarily remediate brownfield sites
for reuse and redevelopment by establishing within the department a
statutory program to encourage cleanup and redevelopment of brownfield
sites. All remedies shall be fully protective of public health and the
environment including, but not limited to, groundwater according to its
classification pursuant to section 17-0301 of this chapter. A remedial
program that achieves a permanent cleanup of a contaminated site,
including the restoration of groundwater to its classified use, is to be
preferred over a remedial program that does not do so. It is the intent
of the legislature that the provisions of this brownfield cleanup
program shall not be construed as limiting or otherwise affecting any
authority conferred upon the department by any other provision of law.
The legislature hereby finds that there are thousands of abandoned and
likely contaminated properties that threaten the health and vitality of
the communities they burden, and that these sites, known as brownfields,
are also contributing to sprawl development and loss of open space. It
is therefore declared that, to advance the policy of the state of New
York to conserve, improve, and protect its natural resources and
environment and control water, land, and air pollution in order to
enhance the health, safety, and welfare of the people of the state and
their overall economic and social well being, it is appropriate to adopt
this act to encourage persons to voluntarily remediate brownfield sites
for reuse and redevelopment by establishing within the department a
statutory program to encourage cleanup and redevelopment of brownfield
sites. All remedies shall be fully protective of public health and the
environment including, but not limited to, groundwater according to its
classification pursuant to section 17-0301 of this chapter. A remedial
program that achieves a permanent cleanup of a contaminated site,
including the restoration of groundwater to its classified use, is to be
preferred over a remedial program that does not do so. It is the intent
of the legislature that the provisions of this brownfield cleanup
program shall not be construed as limiting or otherwise affecting any
authority conferred upon the department by any other provision of law.