Bill Text: NY A07396 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Relates to the availability of technical assistance grants in brownfield site remedial programs; provides that the commissioner of environmental conservation shall provide grants to the New York city community board with jurisdiction over the site or to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site which may be affected by a brownfield site remedial program.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Engrossed) 2024-06-04 - RETURNED TO ASSEMBLY [A07396 Detail]

Download: New_York-2023-A07396-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7396

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 19, 2023
                                       ___________

        Introduced by M. of A. LEE -- read once and referred to the Committee on
          Environmental Conservation

        AN  ACT  to amend the environmental conservation law, in relation to the
          availability of technical assistance grants in brownfield site remedi-
          al programs

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.    Subdivision  6  of section 27-1405 of the environmental
     2  conservation law, as amended by section 2 of part A of  chapter  577  of
     3  the laws of 2004, is amended to read as follows:
     4    6. "[Citizen] Community participation plan" shall mean the description
     5  of [citizen] community participation activities prepared and carried out
     6  pursuant to section 27-1417 of this title.
     7    §  2.  Paragraph  (b)  of  subdivision  2 and subdivision 9 of section
     8  27-1409 of the environmental conservation law, paragraph (b) of subdivi-
     9  sion 2 as amended by section 7 of part BB of chapter 56 of the  laws  of
    10  2015, and subdivision 9 as amended by section 4 of part A of chapter 577
    11  of the laws of 2004, are amended to read as follows:
    12    (b) [with respect to a brownfield site which the department has deter-
    13  mined  constitutes a significant threat to the public health or environ-
    14  ment the department may include a provision requiring]  the  [applicant]
    15  participant  to  provide  a  technical assistance grant, as described in
    16  subdivision four of section 27-1417 of this title and under  the  condi-
    17  tions  described therein, to an eligible party in accordance with proce-
    18  dures established under such program[, with the cost  of  such  a  grant
    19  incurred by a volunteer serving as an offset against such state costs];
    20    9.  One  requiring  the  preparation and implementation of a [citizen]
    21  community participation plan consistent with the  requirements  of  this
    22  title  as  soon  as possible following execution of the agreement but no
    23  later than prior to the preparation of a  draft  remedial  investigation
    24  plan  by  the  applicant  which shall include a description of [citizen]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11147-06-3
        A. 7396                             2

     1  community participation activities already performed  by  the  applicant
     2  and/or the department;
     3    §  3.  Subparagraph  (vi) of paragraph (i) of subdivision 3 of section
     4  27-1415 of the environmental conservation law, as amended by  section  7
     5  of  part  A  of  chapter  577 of the laws of 2004, is amended to read as
     6  follows:
     7    (vi) Any written and oral comments submitted by members of the  public
     8  on  the  applicant's proposed use as part of [citizen] community partic-
     9  ipation activities performed by the applicant pursuant to this title.
    10    § 4. Section 27-1417 of the environmental conservation law,  as  added
    11  by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
    12  (d),  (e),  (f),  (g),  (h),  (i)  of subdivision 3 and paragraph (a) of
    13  subdivision 4 as amended by section 8 of part A of chapter  577  of  the
    14  laws of 2004, is amended to read as follows:
    15  § 27-1417. [Citizen] Community participation.
    16    1.  [Citizen] Community participation handbook. The commissioner shall
    17  prepare a [citizen] community participation handbook for the purpose  of
    18  providing  guidance  to  applicants  in the design and implementation of
    19  meaningful [citizen] community participation plans consistent  with  the
    20  requirements  of this section for the remediation of brownfield sites as
    21  provided in this title. Such handbook shall encourage [citizen] communi-
    22  ty involvement by outlining opportunities and  recommended  methods  for
    23  effective  [citizen] community participation, including the availability
    24  of technical assistance grants. The commissioner shall make  such  hand-
    25  book  available  to  all  applicants and other interested members of the
    26  public upon request and shall make  it  available  on  the  department's
    27  website.
    28    2.  [Citizen]  Community  participation  plans.  (a) The design of any
    29  [citizen] community participation plan, including the level of [citizen]
    30  community involvement and the tools utilized, shall  take  into  account
    31  the scope and scale of the proposed remedial program, local interest and
    32  history, and other relevant factors. While retaining flexibility, [citi-
    33  zen] community participation plans shall embody the following principles
    34  of meaningful [citizen] community participation:
    35    (1)  opportunities  for  [citizen]  community  involvement  should  be
    36  provided as early as possible in the decision making  process  prior  to
    37  the  selection  of a preferred course of action by the department and/or
    38  the applicant.
    39    (2) activities proposed in such plan should be as  reflective  of  the
    40  diversity  of  interests  and  perspective found within the community as
    41  possible, allowing the public the opportunity to have their views  heard
    42  and considered, which may include opportunities for two-way dialogue.
    43    (3) full, timely, and accessible disclosure and sharing of information
    44  by  the department shall be provided, including the provision of techni-
    45  cal data and the assumptions upon which the analyses are based.
    46    (b) All [citizen] community  participation  plans  shall  include  the
    47  following minimum elements:
    48    (1)  identification  of  the  interested  public  and preparation of a
    49  brownfield site contact list;
    50    (2) identification of major issues of public concern  related  to  the
    51  brownfield site;
    52    (3)  a  description  and  schedule  of public participation activities
    53  required pursuant to this section; and
    54    (4) a description and schedule of any additional public  participation
    55  activities needed to address public concerns.
        A. 7396                             3

     1    3.  [Citizen] Community participation requirements. (a) In addition to
     2  the formal milestones listed below, the public may provide  comments  at
     3  any time during the remedial program.
     4    (b)  The person submitting a request for participation, in cooperation
     5  with the department, shall provide a newspaper notice  of  the  person's
     6  request  to  participate in the program. The person, in cooperation with
     7  the department, shall also provide notice thereof to the brownfield site
     8  contact list. Such notice shall provide for a thirty day public  comment
     9  period following publication.
    10    (c)  Before  the department finalizes the remedial investigation work-
    11  plan, the applicant, in cooperation with  the  department,  must  notify
    12  individuals  on  the  brownfield  site  contact  list. Such notice shall
    13  include a fact sheet describing such plan and provide for a  thirty  day
    14  public comment period.
    15    (d)  Before  the department approves a proposed remedial investigation
    16  report, the department, in consultation with the applicant, shall notify
    17  individuals on the brownfield  site  contact  list.  Such  notice  shall
    18  include a fact sheet describing such report.
    19    (e) Upon the department's determination of significant threat pursuant
    20  to  section 27-1411 of this title, the department must provide notice to
    21  individuals on the brownfield  site  contact  list.  Such  notice  shall
    22  include  a  fact sheet describing the basis of the department's determi-
    23  nation.
    24    (f) Before the department finalizes a proposed remedial work  plan  or
    25  makes a determination that site conditions meet the requirements of this
    26  title  without the necessity for remediation pursuant to section 27-1411
    27  of this title, the department, in consultation with the applicant,  must
    28  notify  individuals  on  the  brownfield  site contact list. Such notice
    29  shall include a fact sheet  describing  such  plan  and  provide  for  a
    30  forty-five  day  public  comment  period.  The commissioner shall hold a
    31  public meeting if requested by the affected community  and  the  commis-
    32  sioner  has  found that the site constitutes a significant threat to the
    33  public health or the environment. Further, the  affected  community  may
    34  request  a  public meeting at sites that do not constitute a significant
    35  threat. (1) To the extent that the department has determined  that  site
    36  conditions  do  not  pose  a  significant  threat  and the site is being
    37  addressed by a volunteer, the notice shall state that the department has
    38  determined that no remediation is required for the  off-site  areas  and
    39  that  the  department's determination of a significant threat is subject
    40  to this forty-five day comment period. (2) If  the  remedial  work  plan
    41  includes  a  Track  2,  Track  3  or Track 4 remedy at a non-significant
    42  threat site, such comment period shall apply both to the approval of the
    43  alternatives analysis by the department and the proposed remedy selected
    44  by the applicant.
    45    (g) Before the applicant  commences  construction  at  the  brownfield
    46  site,  the  applicant, in cooperation with the department, shall provide
    47  notice to the individuals on the brownfield site contact list.
    48    (h) Before  the  department  approves  a  proposed  final  engineering
    49  report,  the department, in consultation with the applicant, must notify
    50  individuals on such contact list. Such notice shall include a fact sheet
    51  describing the brownfield site report, including any  proposed  institu-
    52  tional or engineering controls.
    53    (i)  Within ten days of the issuance of a certificate of completion at
    54  a site which will utilize institutional  or  engineering  controls,  the
    55  applicant,  in  cooperation with the department, shall provide notice to
        A. 7396                             4

     1  the brownfield site contact list. Such notice shall include a fact sheet
     2  describing such controls.
     3    4.  Technical  assistance grants.   (a) Within the limits of appropri-
     4  ations made available pursuant to paragraph [j] (j) of subdivision three
     5  of section ninety-seven-b of the state finance law, the commissioner [is
     6  authorized to] shall provide grants  to  the  New  York  city  community
     7  board,  established  pursuant to section twenty-eight hundred of the New
     8  York city charter, with jurisdiction over the site or  to  any  not-for-
     9  profit  corporation  exempt from taxation under section 501(c)(3) of the
    10  internal revenue code at any site  [determined  to  pose  a  significant
    11  threat by the department and] which may be affected by a brownfield site
    12  remedial program, provided only one such grant may be made available for
    13  any brownfield site.  To qualify to receive such assistance, a community
    14  group  must  demonstrate that its membership represents the interests of
    15  the community affected by such site. Furthermore, the  commissioner  [is
    16  authorized  to]  shall  direct  any  applicant  or  participant who is a
    17  responsible party, as defined in section 27-1313  of  this  article,  to
    18  provide  such grants. Such grants shall be known as technical assistance
    19  grants and may be used to obtain technical  assistance  in  interpreting
    20  information  with  regard  to  the nature of the hazard posed by contam-
    21  ination located at or emanating from a brownfield site or sites and  the
    22  development  and implementation of a brownfield site remedial program or
    23  programs. Such grants may also be used to hire health and safety experts
    24  to advise affected residents on  any  health  assessments  and  for  the
    25  education  of  interested  affected  community members to enable them to
    26  more effectively participate in the  remedy  selection  process.  Grants
    27  awarded  under this section may not be used for the purposes of collect-
    28  ing field sampling data,  political  activity  or  lobbying  legislative
    29  bodies.
    30    (b)  The amount of any grant awarded under this section may not exceed
    31  fifty thousand dollars at any one site.
    32    (c) No  matching  contribution  from  the  grant  recipient  shall  be
    33  required  for  a  technical assistance grant. Following a grant award, a
    34  portion of the grant shall be made available to the grant recipient,  in
    35  advance of the expenditures to be covered by the grant, in five thousand
    36  dollar installments.
    37    § 5. This act shall take effect immediately.