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Senator Bruno discusses the legislation at a Capitol news conference. |
Comprehensive Brownfield Program, Superfund Refinancing
Tuesday, March 18, 2003
Senate Majority Leader Joseph L. Bruno announced that the New York State Senate will act tomorrow on legislation, sponsored by Senator Carl L. Marcellino (R-C, Syosset), that would establish a new, comprehensive program to establish clear standards for the cleanup and revitalization of brownfields and to refinance the state�s hazardous waste Superfund.
"Since last December, I have called on the Assembly to act on unresolved issues from last session, including the brownfield and Superfund issues," Senator Bruno said. "The Senate has taken the lead on these issues by passing a bill last year and we will pass a bill today, with widespread support. I urge the Assembly to act on this legislation so we can begin cleaning up contaminated sites."
"Brownfields are blighted areas in our communities where redevelopment or reuse is not possible because of contamination," Senator Marcellino, Chairman of the Senate Environmental Conservation Committee, said. "There are tens of thousands of brownfields throughout the state, many of them in inner cities. They range from abandoned gas stations to old industrial sites. This legislation will bring these parcels back to life, improve public health and turn an economic drain into an economic gain."
"New York needs a comprehensive brownfields law if we are going to revitalize our urban areas, save precious forests and farmland, and protect public health," said Val Washington, Executive Director of Environmental Advocates. "This new bill represents a real policy breakthrough. It incentivizes redevelopment while protecting the environment to the highest standards. With this initiative, Senator Marcellino has taken a very important step for all New Yorkers."
"Brownfields often pose environmental and financial burdens on communities," Senator Bruno said. "Left vacant, contaminated sites can diminish the value of surrounding property and threaten the economic viability of adjoining properties. This measure, which has the strong support
of Environmental Advocates, would establish a clear set of cleanup standards, remove financial and regulatory obstacles that discourage brownfield revitalization and would protect people�s health and improve the environment."
In addition to establishing cleanup standards, the bill (S.2935) creates a series of tax credits to facilitate the redevelopment of brownfield properties. The credits would include short and long term groundwater cleanup tax credits; a real property tax credit for remediation of property; and a hi-tech training credit for full-time employees employed on remediated sites.
Additionally, the legislation would enhance the 1996 Clean Water/Clear Air Bond Act Municipal Brownfields Program by increasing the State�s share of on-site cleanup costs from 75 percent to 90 percent and 100 percent of off-site costs. It also would allow municipalities to participate in the program while conducting site investigations, without exposing their communities to the liability that often comes with taking title to a contaminated property. In addition, the reforms allow municipalities to use federal or other State funds to pay their share of cleanup costs.
"The timely cleanup of contaminated sites, whether by the current owner or an outside party interested in redeveloping the site, will produce environmental benefits for everyone. The remediation of these urban eyesores will remove a major barrier to their redevelopment, which can have significant local economic benefits," Senator Marcellino added.
"I�m extremely happy in the Senate�s inclusion of a carefully crafted planning program in its Brownfields bill," said Mathy Stanislaus, Board Member, NYC Environmental Justice Alliance. "The planning program is an important step in rebuilding communities blighted by brownfield sites, particularly low income neighborhoods."
SUPERFUND REFINANCING
The Superfund reform adds liability exemptions that are the same as in the Federal Superfund program. The legislation empowers municipalities and community groups to revitalize areas burdened with brownfields by providing assistance for comprehensive planning and site redevelopment.
The Senate bill would provide $138 million annually for the Superfund, Voluntary Cleanup and Oil Spill programs. Industry fees and the State would each provide $69 million annually to fund the programs. In the first year, the State share would consist of $64 million in bond proceeds and $5 million from the General Fund. In subsequent years, the General Fund would provide all of the State�s share. The proposal includes increased fees for petroleum bulk storage facilities and hazardous waste generators.
The State Superfund Program had been financed through the 1986 Environmental Quality Bond Act, resulting in more than 800 sites across the state being cleaned up or receiving remediation funding. Funds from the 1986 bond act were fully allocated as of March 31, 2001, leaving the State unable to start or complete cleanups at hundreds of sites known or suspected of being contaminated.
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