§ 27-1437. BCP-EZ program.

1. The department may promulgate regulations to implement a program
providing for the expedited investigation and/or remediation of
contamination at brownfield sites (BCP-EZ program), provided that:

(a) at the time of the application, the department has determined that
the brownfield site does not pose a significant threat pursuant to
section 27-1411 of this title;

(b) the applicant has waived in writing any claim for tax credits
pursuant to section twenty-one of the tax law on a form prescribed by
the department; and

(c) the activity is conducted in a manner which satisfies all
requirements applicable to like activity conducted pursuant to sections
27-1415 and 27-1417 of this title, except as provided in subdivision two
of this section and the time periods specified in paragraphs (b) and (c)
of subdivision three of section 27-1417 of this title.

2. For any site accepted into the BCP-EZ program pursuant to this
section with a remedial work plan identifying a Track 4 remediation, if
a contaminant is identified in soil in excess of the remedial action
objectives contained in an applicable generic table developed pursuant
to subdivision six of section 27-1415 of this title, the applicant may
use site-specific data to demonstrate to the department that the
concentration of the contaminant in the soils reflects background
conditions and, in that case, a contaminant-specific action objective
for such contaminant equal to such background concentration may be
established provided that such objective is protective of the public
health and the environment and is determined in a manner acceptable to
the department.

3. Upon the department's acceptance of the certification by the
applicant that the remediation requirements of this title, pursuant to
section 27-1419 of this title, have been achieved for the brownfield
site and an environmental easement, if necessary, has been created and
filed pursuant to title thirty-six of article seventy-one of this
chapter, a site in the BCP-EZ program shall be eligible to receive a
certificate of completion in accordance with section 27-1419 of this
title; provided, however, that such certificate of completion shall not
entitle the holder to any tax credits provided by section twenty-one of
the tax law.