2006 New York Code - State Assistance For Brownfield Opportunity Areas

 
    §  970-r.  State  assistance  for  brownfield  opportunity  areas.  1.
  Definitions. a. "Applicant" shall mean the municipality and/or community
  based organization submitting an application in the manner authorized by
  this section.
    b. "Commissioner" shall mean the commissioner  of  the  department  of
  environmental conservation.
    c.   "Community   based  organization"  shall  mean  a  not-for-profit
  corporation exempt from taxation under section 501(c)(3) of the internal
  revenue code whose stated mission is promoting reuse of brownfield sites
  within  a  specified  geographic  area  in  which  the  community  based
  organization  is  located;  which has twenty-five percent or more of its
  board  of  directors  residing  in  the  community  in  such  area;  and
  represents  a  community  with a demonstrated financial need. "Community
  based organization" shall not  include  any  not-for-profit  corporation
  that has caused or contributed to the release or threatened release of a
  contaminant  from  or  onto  the  brownfield site, or any not-for-profit
  corporation  that  generated,  transported,  or  disposed  of,  or  that
  arranged  for, or caused, the generation, transportation, or disposal of
  contamination from or onto the brownfield site.  This  definition  shall
  not  apply  if more than twenty-five percent of the members, officers or
  directors of the not-for-profit corporation  are  or  were  employed  or
  receiving  compensation  from  any  person  responsible for a site under
  title  thirteen  or  title  fourteen  of  article  twenty-seven  of  the
  environmental  conservation law, article twelve of the navigation law or
  under applicable principles of statutory or common law liability.
    d. "Brownfield site" shall have the  same  meaning  as  set  forth  in
  section 27-1405 of the environmental conservation law.
    e.   "Department"   shall   mean   the   department  of  environmental
  conservation.
    f. "Contamination" or "contaminated" shall have the  same  meaning  as
  provided in section 27-1405 of the environmental conservation law.
    g.  "Municipality"  shall  have  the  same  meaning  as  set  forth in
  subdivision fifteen of section 56-0101 of the environmental conservation
  law.
    2.  State  assistance  for   pre-nomination   study   for   brownfield
  opportunity  areas. a. Within the limits of appropriations therefor, the
  commissioner is authorized to provide, on a competitive basis, financial
  assistance to municipalities, to community based  organizations,  or  to
  municipalities  and  community based organizations acting in cooperation
  to prepare a pre-nomination study  for  a  brownfield  opportunity  area
  designation.  Such  financial assistance shall not exceed ninety percent
  of the costs of such pre-nomination study for any such area.
    b. Activities eligible to receive such assistance shall  include,  but
  are  not  limited  to, the assembly and development of basic information
  about:
    (1) the borders of the proposed brownfield opportunity area;
    (2) the number and size of brownfield sites;
    (3) current and anticipated uses of the  properties  in  the  proposed
  area;
    (4)  current  and  anticipated future conditions of groundwater in the
  proposed area;
    (5) known data about the environmental conditions of the properties in
  the proposed area;
    (6) ownership of the properties in the proposed area; and
    (7) preliminary descriptions of possible remediation strategies, reuse
  opportunities, necessary infrastructure improvements and other public or
  private measures needed to stimulate investment, promote revitalization,
  and enhance community health and environmental conditions.
    c. Funding  preferences  shall  be  given  to  applications  for  such
  assistance  that  relate  to  areas  having one or more of the following
  characteristics:
    (1)  areas  for  which the application is a partnered application by a
  municipality and a community based organization;
    (2) areas with concentrations of brownfield sites;
    (3) areas for  which  the  application  demonstrates  support  from  a
  municipality and a community based organization;
    (4)  areas  showing  indicators  of  economic  distress  including low
  resident incomes, high  unemployment,  high  commercial  vacancy  rates,
  depressed property values; and
    (5)  areas with brownfield sites presenting strategic opportunities to
  stimulate economic development, community revitalization or  the  siting
  of public amenities.
    d.  The  commissioner,  upon  the  receipt  of an application for such
  assistance from a community based organization not in  cooperation  with
  the  local  government  having jurisdiction over the proposed brownfield
  opportunity area, shall request the municipal government to  review  and
  state  the  municipal  government's  support  or  lack  of  support. The
  municipal government's statement shall  be  considered  a  part  of  the
  application.
    e.   Each  application  for  assistance  shall  be  submitted  to  the
  commissioner in a format, and containing such information, as prescribed
  by the commissioner but shall include, at a minimum, the following:
    (1) a statement of the rationale or relationship between the  proposed
  assistance  and  the  criteria  set  forth  in  this subdivision for the
  evaluation and ranking of assistance applications;
    (2) the processes by which local participation in the  development  of
  the application has been sought;
    (3) the process to be carried out with the state assistance including,
  but  not  limited  to,  the goals of and budget for the effort, the work
  plan and timeline for the attainment of these goals,  and  the  intended
  process for community participation in the process;
    (4)  the  manner  and  extent to which public or governmental agencies
  with jurisdiction over  issues  that  will  be  addressed  in  the  data
  gathering process will be involved in this process;
    (5) other planning and development initiatives proposed or in progress
  in the proposed brownfield opportunity area; and
    (6)  for  each community based organization which is an applicant or a
  co-applicant, a description of the relationship  between  the  community
  based  organization and the area that is the subject of the application,
  its  financial  and  institutional  accountability,  its  experience  in
  conducting  and  completing planning initiatives and in working with the
  local government associated with  the  proposed  brownfield  opportunity
  area.
    f.  Prior  to  making  an award for assistance, the commissioner shall
  notify the  temporary  president  of  the  senate  and  speaker  of  the
  assembly.
    g.  Following  notification  to the applicant that assistance has been
  awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
  executed  between the department and the applicant or co-applicants. The
  commissioner shall establish terms and conditions for such contracts  as
  the  commissioner  deems  appropriate,  including  provisions to define:
  applicant's work scope, work schedule, and deliverables; fiscal  reports
  on  budgeted  and  actual  use  of  funds expended; and requirements for
  submission of a final fiscal report. The contract shall also require the
  distribution of work products to  the  department,  and,  for  community
  based  organizations,  to the applicant's municipality. Applicants shall
  be required to make the results publicly available.
    3.   State   assistance   for   nominations  to  designate  brownfield
  opportunity areas. a. Within the limits of appropriations therefor,  the
  commissioner is authorized to provide, on a competitive basis, financial
  assistance  to  municipalities,  to community based organizations, or to
  municipalities and community based organizations acting  in  cooperation
  to  prepare  a  nomination  for  designation of a brownfield opportunity
  area. Such financial assistance shall not exceed ninety percent  of  the
  costs of such nomination for any such area.
    b.  An  application  for  such  financial  assistance shall include an
  indication of support from owners of brownfield sites  in  the  proposed
  brownfield  opportunity  area.  All residents and property owners in the
  proposed brownfield opportunity area shall receive notice in  such  form
  and manner as the commissioner shall prescribe.
    c.  No  application  for such financial assistance shall be considered
  unless the applicant demonstrates that it has,  to  the  maximum  extent
  practicable,  solicited  and  considered  the  views of residents of the
  proposed brownfield opportunity area,  the  views  of  state  and  local
  officials   elected   to   represent   such   residents  and  the  local
  organizations representing such residents.
    d. Activities eligible to  receive  such  financial  assistance  shall
  include  the  identification,  preparation,  creation,  development  and
  assembly of information and elements to be included in a nomination  for
  designation  of a brownfield opportunity area, including but not limited
  to:
    (1) the borders of the proposed brownfield opportunity area;
    (2) the location of each known or suspected  brownfield  site  in  the
  proposed brownfield opportunity area;
    (3)   the  identification  of  strategic  sites  within  the  proposed
  brownfield opportunity area;
    (4) the type of potential developments anticipated  for  sites  within
  the  proposed brownfield opportunity area proposed by either the current
  or the prospective owners of such sites;
    (5) local legislative or regulatory action which may  be  required  to
  implement  a  plan  for  the  redevelopment  of  the proposed brownfield
  opportunity area;
    (6) priorities for public and private  investment  in  infrastructure,
  open  space,  economic  development, housing, or community facilities in
  the proposed brownfield opportunity area;
    (7) mapping of current and anticipated  uses  of  the  properties  and
  groundwater in the proposed brownfield opportunity area;
    (8)  existing detailed assessments of individual brownfield sites and,
  where the consent of the site owner has  been  obtained,  the  need  for
  conducting on-site assessments;
    (9) known data about the environmental conditions of properties in the
  proposed brownfield opportunity area;
    (10)   ownership   of   the  properties  in  the  proposed  brownfield
  opportunity area;
    (11)  descriptions  of  possible  remediation  strategies,  brownfield
  redevelopment, necessary infrastructure improvements and other public or
  private measures needed to stimulate investment, promote revitalization,
  and enhance community health and environmental conditions;
    (12)  the goals and objectives, both short term and long term, for the
  economic revitalization of the proposed brownfield opportunity area; and
    (13) the publicly controlled and other developable lands and buildings
  within the proposed brownfield opportunity area which are  or  could  be
  made available for residential, industrial and commercial development.
    e.  Funding  preferences  shall  be  given  to  applications  for such
  assistance that relate to areas having one  or  more  of  the  following
  characteristics:
    (1)  areas  for  which the application is a partnered application by a
  municipality and a community based organization;
    (2) areas with concentrations of brownfield sites;
    (3) areas for  which  the  application  demonstrates  support  from  a
  municipality and a community based organization;
    (4)  areas  showing  indicators  of  economic  distress  including low
  resident incomes, high  unemployment,  high  commercial  vacancy  rates,
  depressed property values; and
    (5)  areas with brownfield sites presenting strategic opportunities to
  stimulate economic development, community revitalization or  the  siting
  of public amenities.
    f.  Each  application  for  such  assistance shall be submitted to the
  commissioner in a format, and containing such information, as prescribed
  by the commissioner but shall include, at a minimum, the following:
    (1) a statement of the rationale or relationship between the  proposed
  assistance and the criteria set forth in this section for the evaluation
  and ranking of assistance applications;
    (2)  the  processes by which local participation in the development of
  the application has been sought;
    (3)  the  process  to  be  carried  out  under  the  state  assistance
  including,  but  not limited to, the goals of and budget for the effort,
  the work plan and timeline for the attainment of these  goals,  and  the
  intended process for public participation in the process;
    (4)  the  manner  and  extent to which public or governmental agencies
  with jurisdiction over  issues  that  will  be  addressed  in  the  data
  gathering process will be involved in this process;
    (5) other planning and development initiatives proposed or in progress
  in the proposed brownfield opportunity area;
    (6)  for  each community based organization which is an applicant or a
  co-applicant, a description of the relationship  between  the  community
  based  organization and the area that is the subject of the application,
  its  financial  and  institutional  accountability,  its  experience  in
  conducting  and  completing planning initiatives and in working with the
  local government associated with  the  proposed  brownfield  opportunity
  area; and
    (7)   the  financial  commitments  the  applicant  will  make  to  the
  brownfield opportunity area for activities including,  but  not  limited
  to,  marketing  of  the  area  for  business development, human resource
  services for residents and  businesses  in  the  brownfield  opportunity
  area, and services for small and minority and women-owned businesses.
    g.  The  commissioner,  upon  the  receipt  of an application for such
  assistance from a community based organization not in  cooperation  with
  the  local  government  having jurisdiction over the proposed brownfield
  opportunity area, shall request the municipal government to  review  and
  state  the  municipal  government's  support  or  lack  of  support. The
  municipal government's statement shall  be  considered  a  part  of  the
  application.
    h.  Prior  to  making  an award for assistance, the commissioner shall
  notify the  temporary  president  of  the  senate  and  speaker  of  the
  assembly.
    i.  Following  notification  to the applicant that assistance has been
  awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
  executed  between the department and the applicant or co-applicants. The
  commissioner shall establish terms and conditions for such contracts  as
  the  commissioner  deems  appropriate,  including  provisions to define:
  applicant's work scope, work schedule, and deliverables; fiscal  reports
  on  budgeted  and  actual  use  of  funds expended; and requirements for
  submission of a final fiscal report. The contract shall also require the
  distribution  of  work  products  to  the department, and, for community
  based organizations, to the applicant's municipality.  Applicants  shall
  be  required to make the results publicly available. Such contract shall
  further include a provision providing  that  if  any  responsible  party
  payments  become available to the applicant, the amount of such payments
  attributable to expenses  paid  by  the  award  shall  be  paid  to  the
  department by the applicant; provided that the applicant may first apply
  such responsible party payments toward any actual project costs incurred
  by the applicant.
    4.  Designation  of  brownfield opportunity area. Upon completion of a
  nomination for designation of a brownfield opportunity area, it shall be
  forwarded  by  the  applicant  to  the  commissioner,  who   shall,   in
  consultation  with  the  secretary  of  state,  determine  whether it is
  consistent with the provisions of  this  section.  If  the  commissioner
  determines that the nomination is consistent with the provisions of this
  section,  the  brownfield  opportunity  area shall be designated. If the
  commissioner determines that the nomination is not consistent  with  the
  provisions  of this section, the commissioner shall make recommendations
  in writing to the applicant of  the  manner  and  nature  in  which  the
  nomination should be amended.
    5.   Priority   and   preference.  The  designation  of  a  brownfield
  opportunity area pursuant to this section is  intended  to  serve  as  a
  planning  tool.    It  alone shall not impose any new obligations on any
  property or property owner. To the extent authorized by law, projects in
  brownfield opportunity areas designated pursuant to this  section  shall
  receive   a  priority  and  preference  when  considered  for  financial
  assistance  pursuant  to  articles  fifty-four  and  fifty-six  of   the
  environmental  conservation  law.  To  the  extent  authorized  by  law,
  projects in brownfield opportunity areas  designated  pursuant  to  this
  section  may  receive  a  priority  and  preference  when considered for
  financial assistance pursuant to any other state, federal or local law.
    6. State assistance for  brownfield  site  assessments  in  brownfield
  opportunity  areas. a. Within the limits of appropriations therefor, the
  commissioner, in consultation with the secretary of state, is authorized
  to  provide,  on  a   competitive   basis,   financial   assistance   to
  municipalities,  to  community based organizations, or to municipalities
  and community based  organizations  acting  in  cooperation  to  conduct
  brownfield  site assessments in a brownfield opportunity area designated
  pursuant to this section. Such financial  assistance  shall  not  exceed
  ninety percent of the costs of such brownfield site assessment.
    b.  Brownfield  sites  eligible for such assistance must be owned by a
  municipality, or volunteer as such term is defined in section 27-1405 of
  the environmental conservation law.
    c. Brownfield site assessment activities eligible for funding include,
  but are not limited to, testing of properties to  determine  the  nature
  and  extent  of  the  contamination  (including  soil  and groundwater),
  environmental assessments, the development  of  a  proposed  remediation
  strategy   to  address  any  identified  contamination,  and  any  other
  activities deemed appropriate by the commissioner in  consultation  with
  the secretary of state. Any environmental assessment shall be subject to
  the review and approval of such commissioner.
    d.  Applications  for  such  assistance  shall  be  submitted  to  the
  commissioner in a format, and containing such information, as prescribed
  by the commissioner in consultation with the secretary of state.
    e. Funding  preferences  shall  be  given  to  applications  for  such
  assistance  that  relate  to  areas  having one or more of the following
  characteristics:
    (1)  areas  for  which the application is a partnered application by a
  municipality and a community based organization;
    (2) areas with concentrations of brownfield sites;
    (3) areas for  which  the  application  demonstrates  support  from  a
  municipality and a community based organization;
    (4)  areas  showing  indicators  of  economic  distress  including low
  resident incomes, high  unemployment,  high  commercial  vacancy  rates,
  depressed property values; and
    (5)  areas with brownfield sites presenting strategic opportunities to
  stimulate economic development, community revitalization or  the  siting
  of public amenities.
    f.  The  commissioner,  upon  the  receipt  of an application for such
  assistance from a community based organization not in  cooperation  with
  the  local  government  having jurisdiction over the proposed brownfield
  opportunity area, shall request the municipal government to  review  and
  state  the  municipal  government's  support  or  lack  of  support. The
  municipal government's statement shall  be  considered  a  part  of  the
  application.
    g.  Prior  to  making  an award for assistance, the commissioner shall
  notify the temporary president of the senate  and  the  speaker  of  the
  assembly.
    h.  Following  notification  to the applicant that assistance has been
  awarded, and prior  to  disbursement  of  funds,  a  contract  shall  be
  executed  between the department and the applicant or co-applicants. The
  commissioner shall establish terms and conditions for such contracts  as
  the commissioner deems appropriate in consultation with the secretary of
  state,  including  provisions  to  define:  applicant's work scope, work
  schedule, and deliverables; fiscal reports on budgeted and actual use of
  funds expended; and  requirements  for  submission  of  a  final  fiscal
  report.  The  contract  shall  also  require  the  distribution  of work
  products to the department, and, for community based  organizations,  to
  the  applicant's  municipality. Applicants shall be required to make the
  results publicly  available.  Such  contract  shall  further  include  a
  provision  providing  that  if  any  responsible  party  payments become
  available to the applicant, the amount of such payments attributable  to
  expenses  paid  by  the  award  shall  be  paid to the department by the
  applicant; provided that the applicant may first apply such  responsible
  party payments towards actual project costs incurred by the applicant.
    7.  Amendments  to  designated  area.  Any  proposed  amendment  to  a
  brownfield opportunity area designated pursuant to this section shall be
  proposed, and reviewed by the commissioner, in the same manner and using
  the same criteria set forth in this section and applicable to an initial
  nomination for the designation of a brownfield opportunity area.
    8.  Applications.  a.  All  applications  for   pre-nomination   study
  assistance  or  applications for designation of a brownfield opportunity
  area  shall  demonstrate  that  the  following  community  participation
  activities have been or will be performed by the applicant:
    (1)  identification  of  the  interested  public  and preparation of a
  contact list;
    (2) identification of major issues of public concern;
    (3) provision to  access  to  the  draft  and  final  application  for
  pre-nomination  assistance  and  brownfield opportunity area designation
  supporting documents in a manner convenient to the public;
    (4) public notice and newspaper  notice  of  (i)  the  intent  of  the
  municipality   and/or   community  based  organization  to  undertake  a
  pre-nomination process or prepare a brownfield  opportunity  area  plan,
  and (ii) the availability of such application.
    b.  Application  for nomination of a brownfield opportunity area shall
  provide the following minimum community participation activities:
    (1) a comment period of at least thirty days on a draft application;
    (2)  a  public  meeting  on  a  brownfield  opportunity   area   draft
  application.
    9.  Financial  assistance;  advance payment. Notwithstanding any other
  law to the contrary,  financial  assistance  pursuant  to  this  section
  provided  by  the  commissioner  pursuant  to  an  executed contract may
  include an advance payment up to twenty-five  percent  of  the  contract
  amount.