NY Gen Mun L § 970-R (2021)
2021 New York Laws GMU - General Municipal Article 18-C - Municipal Redevelopment Law 970-R - State Assistance for Brownfield Opportunity Areas.

§  970-r.  State  assistance  for  brownfield  opportunity  areas.  1. Definitions. a. "Applicant" shall mean the municipality, community board and/or community based organization submitting an application for  state assistance  or  a nomination for designation 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 or community revitalization 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 state.   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.   h. "Community board" shall have the  same  meaning  as  set  forth  in section twenty-eight hundred of the New York city charter.   i. "Secretary" shall mean the secretary of state.   j.  "Nomination"  shall  mean  a  written  plan  for redevelopment and revitalization of any area (i) wherein one or more  known  or  suspected brownfield  sites  are  located  and  (ii)  that  contains  the elements required for brownfield opportunity area designation  as  determined  in accordance  with  subdivision three of this section. It is not necessary that all, or any, of the services used to identify, prepare, create,  or develop  the  elements  required  for designation be funded through this section.   2.  State  assistance  for   pre-nomination   study   for   brownfield opportunity  areas. a. Within the limits of appropriations therefor, the secretary is authorized to provide, on a  competitive  basis,  financial assistance  to  municipalities,  to  community  based  organizations, to community boards, 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 known or suspected brownfield sites;  (3)  current  and  anticipated  uses of the properties in the proposed brownfield opportunity area;  (4) current and anticipated future conditions of  groundwater  in  the proposed brownfield opportunity area;  (5) known data about the environmental conditions of the properties in the proposed brownfield opportunity area;  (6) ownership of the properties in the proposed brownfield opportunity area  and  whether  the  owners  are  participating  in  the  brownfield opportunity area planning process; 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 known or suspected 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  known  or  suspected  brownfield  sites   presenting strategic  opportunities  to  stimulate  economic development, community revitalization or the siting of public amenities.   d. The  secretary,  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;  provided, however,  in  the  city of New York, such statement shall be provided by the community board or boards for the district or districts in which the proposed area  is  located.  The  municipal  government's  or  community board's statement shall be considered a part of the application.   e. Each application for assistance shall be submitted to the secretary in  a  format,  and  containing  such  information, as prescribed by the secretary 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 copy of its determination of tax exempt status issued by the federal internal revenue service pursuant  to  section  501  of  the  internal  revenue  code,  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 secretary 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 secretary shall establish terms and conditions for such contracts as the secretary 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 secretary  is  authorized  to provide, on a competitive basis, financial assistance to  municipalities,  to  community  based  organizations,  to community boards, 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. A nomination study must include sufficient information  to  designate  the brownfield  opportunity area. The contents of the nomination study shall be developed based on pre-nomination study  information,  if  conducted, which  shall  principally consist of an area-wide study, documenting the historic brownfield uses in the area proposed for designation.   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 secretary 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 and size 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)  identification and 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 known or suspected brownfield properties in  the proposed  brownfield  opportunity area to the extent such information is publicly available;  (11)  descriptions   of   possible   remediation   strategies,   reuse opportunities,   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;  (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; and  (14)  a  community participation strategy to maximize public awareness and to solicit and consider the views of residents, businesses and other stakeholders of the proposed brownfield opportunity area.   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 known or suspected 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  known  or  suspected  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 secretary in a format, and containing such information, as prescribed by the secretary 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 copy of its determination of tax exempt status issued by the federal internal revenue service pursuant  to  section  501  of  the internal  revenue  code,  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.  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 include  a  resolution from the city, town, or village with planning and land use authority in which the brownfield opportunity area is proposed, stating support or lack of support; provided, however, in  the  city  of New  York,  such  resolution shall be provided by the community board or boards for the district or districts  in  which  the  proposed  area  is located.  The  resolution  from  each  city, town, village, or community board shall be considered a part of the application.   h. Prior to making an award for assistance, the secretary 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 secretary shall establish terms and conditions for such contracts as the secretary 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.   3-a. State assistance for activities to advance brownfield opportunity area  revitalization.  a.  Within  amounts  appropriated  therefor,  the secretary  is  authorized  to provide, on a competitive basis, financial assistance to  municipalities,  to  community  based  organizations,  to community   boards,  or  to  community  based  organizations  acting  in cooperation with a municipality, to  conduct  predevelopment  activities within a designated brownfield opportunity area to advance the goals and priorities  of  the brownfield opportunity area program set forth in the nomination of such area. Such  financial  assistance  shall  not  exceed ninety  percent  of the costs of such activities. Activities eligible to  receive such assistance shall include: development and implementation of marketing strategies; development  of  plans  and  specifications;  real estate  services;  building  condition studies; infrastructure analyses; zoning  and  regulatory  updates;  environmental,  housing  and economic studies, analyses and reports; and public outreach.   b. Funding  preferences  shall  be  given  to  applications  for  such assistance  that  relate  to  areas  having one or more of the following characteristics:  (1) areas  showing  indicators  of  economic  distress  including  low resident  incomes,  high  unemployment,  high  commercial vacancy rates, depressed property values; and  (2)  areas  with  known  or  suspected  brownfield  sites   presenting strategic  opportunities  to  stimulate  economic development, community revitalization or the siting of public amenities.   c. Prior to making an award for assistance, the secretary shall notify the temporary president of the senate and speaker of the assembly.   d. 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 secretary shall establish terms and conditions for such contracts as the secretary 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 secretary, who shall determine whether it  is consistent with the provisions of this section. The secretary may review  and  approve  a  nomination  for  designation  of  a  brownfield opportunity  area  at  any  time.  If  the secretary determines that the nomination is consistent  with  the  provisions  of  this  section,  the brownfield  opportunity  area  shall  be  designated.  If  the secretary determines that the nomination is not consistent with the provisions  of this section, the secretary 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  secretary  of  state,  is authorized to provide, on a competitive basis, financial   assistance   to   municipalities,   to    community    based organizations,  to  community boards, or to municipalities and community based  organizations  acting  in  cooperation to conduct brownfield site assessments. 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 known or suspected 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  known  or  suspected  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 secretary, 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)  public  access  to  (i)  the  draft  and  final  application  for pre-nomination assistance and brownfield opportunity  area  designation, and (ii) any 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 and the secretary pursuant to  an  executed contract may include an advance payment up to twenty-five percent of the contract amount.   10.  The secretary shall establish criteria for brownfield opportunity area  conformance  determinations  for  purposes   of   the   brownfield redevelopment   tax   credit   component  pursuant  to  clause  (ii)  of subparagraph (B)  of  paragraph  five  of  subdivision  (a)  of  section twenty-one of the tax law. In establishing criteria, the secretary shall be  guided by, but not limited to, the following considerations: how the proposed  use  and  development  advances  the   designated   brownfield opportunity  area  plan's  vision  statement,  goals  and objectives for revitalization; how the density of development and associated  buildings and structures advances the plan's objectives, desired redevelopment and priorities  for investment; and how the project complies with zoning and other local laws and standards to guide and ensure  appropriate  use  of the project site.