2023 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,
support job growth, reduce greenhouse gas  emissions,  increase  climate
resilience,  enhance  community health and environmental conditions, and
achieve environmental justice.
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,   support   job  growth,  reduce
greenhouse gas emissions, increase climate resilience, enhance community
health and environmental conditions, and achieve environmental justice;
(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;  renewable  energy  feasibility  studies,
legal and financial services; 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
secretary in a format, and containing such information, as prescribed by
the secretary in consultation with the commissioner.
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  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. The
municipal government's statement shall  be  considered  a  part  of  the
application.
g. Prior to making an award for assistance, the secretary 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. Community participation requirements. a. All applications for state
assistance  for  pre-nomination  or nomination study 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  notice  and  newspaper  notice  of  (i) the intent of the
municipality  and/or  community  based  organization  to   undertake   a
pre-nomination  or  nomination  study  or  apply  for  designation  of a
brownfield  opportunity  area,  and  (ii)  the  availability   of   such
application  and  any supporting documents in a manner convenient to the
public.
b. Application for designation 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 nomination;
(2) a public meeting on an application;
(3)  public access to such application, nomination, and any supporting
documents in the manner convenient to the public.
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.