Bill Text: NY A07491 | 2023-2024 | General Assembly | Introduced

---

Bill Title: Imposes prevailing wage requirements for certain brownfield remediation site work to be eligible to receive the tangible property tax credit associated with brownfield redevelopment.

Spectrum: Moderate Partisan Bill (Democrat 24-3)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A07491 Detail]

Download: New_York-2023-A07491-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          7491

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      May 25, 2023
                                       ___________

        Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN ACT to amend the  environmental  conservation  law,  in  relation  to
          imposing  certain  brownfield remediation site work requirements to be
          eligible for the tangible property tax credit associated  with  brown-
          field redevelopment

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

     1    Section 1. The closing paragraph of subdivision 1-a of section 27-1407
     2  of the environmental conservation law, as added by section 3 of part  BB
     3  of chapter 56 of the laws of 2015, is amended to read as follows:
     4    Sites  are  not eligible for tangible property tax credits if: (a) the
     5  contamination from ground water or soil vapor is solely  emanating  from
     6  property  other than the site subject to the present application; or (b)
     7  the department has determined that  the  property  has  previously  been
     8  remediated  pursuant to titles nine, thirteen and fourteen of this arti-
     9  cle, title five of article fifty-six of this chapter and article  twelve
    10  of  the  navigation  law  such  that  it  may  be developed for its then
    11  intended use; or (c) remedial activities as defined  in  paragraph  (c),
    12  (d),  or  (f)  of  subdivision five of section 27-1405 of this title are
    13  performed by construction workers on a site who are paid less  than  the
    14  prevailing  rate of wages set forth by section two hundred twenty of the
    15  labor law, unless such site is an affordable housing project as  defined
    16  in subdivision twenty-nine of section 27-1405 of this title.
    17    § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
    18  environmental  conservation  law,  as  amended by section 3 of part A of
    19  chapter 577 of the laws of 2004, are amended and a new paragraph (e)  is
    20  added to read as follows:
    21    (c)  there  is  an  order providing for the investigation, removal, or
    22  remediation of contamination relating to the brownfield site against the
    23  person who is requesting participation; [or]

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10107-04-3
        A. 7491                             2

     1    (d) [The]  the  person  requesting  participation  is  subject  to  an
     2  outstanding claim as provided in subdivision four of this section[.]; or
     3    (e)  the person requesting participation does not require construction
     4  workers on a site performing remedial activities as defined in paragraph
     5  (c), (d), or (f) of subdivision five of section 27-1405 of this title to
     6  be paid the prevailing rate of wages set forth by  section  two  hundred
     7  twenty  of  the  labor  law,  unless  such site is an affordable housing
     8  project as defined in subdivision twenty-nine of section 27-1405 of this
     9  title.
    10    § 3. Subdivision 5 of section 27-1409 of the  environmental  conserva-
    11  tion  law,  as amended by section 4 of part A of chapter 577 of the laws
    12  of 2004, is amended to read as follows:
    13    5. One authorizing the  department  to  terminate  a  brownfield  site
    14  cleanup  agreement  at any time during the implementation of such agree-
    15  ment if the applicant implementing such agreement fails to substantially
    16  comply  with  such  agreement's  terms  and  conditions,  including  the
    17  requirement  that  remedial activities as defined in paragraph (c), (d),
    18  or (f) of subdivision five of  section  27-1405  of  this  title  to  be
    19  performed by construction workers on a site shall be paid the prevailing
    20  rate  of wages set forth by section two hundred twenty of the labor law,
    21  unless the site is an affordable housing project as defined in  subdivi-
    22  sion  twenty-nine  of section 27-1405 of this title. The prevailing rate
    23  of wages for the performance of remedial activities as defined in  para-
    24  graph  (c),  (d),  or (f) of subdivision five of section 27-1405 of this
    25  title shall be subject to enforcement under sections two hundred twenty,
    26  two hundred twenty-a, two hundred twenty-b, two hundred twenty-three and
    27  two hundred twenty-four-b of the labor law and within  the  jurisdiction
    28  of  the  fiscal  officer  as defined therein; provided, however, nothing
    29  contained in this subdivision shall be deemed to construe  any  remedial
    30  site as otherwise being considered public work pursuant to article thir-
    31  ty-one of the labor law;
    32    §  4.  This  act  shall take effect immediately and shall apply to all
    33  state contracting opportunities advertised on or  after  such  date  and
    34  shall  exclude  contracts  entered into, or for  which an invitation for
    35  bid, request for proposal, or  similar  solicitation  has  been  issued,
    36  prior to such effective date.