New York Brownfield Cleanup Program

NYSDEC Unveils Revised BCP Application As Application Fee Becomes Effective

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The New York State Department of Environmental Conservation (NYSDEC) revealed its revised Brownfield Cleanup Program (BCP) application which reflects changes made the recent Budget agreement.  We previously discussed the revisions to the BCP here. The revised application which took effect on April 25th is available here . The revised form require applicants to provide new and …

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NY Budget Deal Extends BCP But Sloppy Language May Hamper Use of BCP for Affordable Housing Projects

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The New York State budget process is notorious for its murky and secretive process. Under the State Constitution, the Governor proposes a budget in mid-January that contains substantive policy legislation and can unilaterally amend the proposal within 30 days. After the 30-day period expires, amendments can only be made with consultation of the Senate and …

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Governor Hochul Announces Support For BCP Extension and Reform in State of State Report

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Governor Kathy Hochul announced support extending the Brownfield Cleanup Program (BCP) in her State of the State report today. In addition to extending the BCP tax credits which are scheduled to sunset at the end of this year, the Governor’s State of the State Book states that: The Governor will also expand the tangible property …

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NYSDEC Proposes New Brownfield Regulations

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NYSDEC has finally issued its long-awaited amendments to the Part 375 Regulations governing the state Brownfield Cleanup Program (BCP). The proposed revisions were published in today’s State Register and are available from the agency website. The regulations reflect NYSDEC’s interpretation of the changes brought about by the 2015 BCP amendments.  The agency actually developed the …

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NYSDEC Proposes New Water Quality Guidance Values for Emerging Contaminants

Environmental Due Diligence, New York Brownfield Cleanup Program, PFAS, water, Water Pollution / By

On October 6, 2021, New York State Department of Environmental Conservation (NYSDEC) proposed Released new water quality guidance values (GVs) for emerging contaminants Perfluorooctanoic acid (PFOA), Perfluorooctane sulfonic acid (PFOS), and 1,4-Dioxane (1,4-D). The new guidance values are established in a draft addendum to Technical and Operational Guidance Series (TOGS) 1.1.1: Ambient Water Quality Standards and Guidance …

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NYS Budget Includes Limited Covid-Related Brownfield Amendment After Stakeholders Request More Comprehensive Reforms.

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In a prior Post, we discussed that Governor Andrew Cuomo’s proposed executive budget for Fiscal Year 2022 provided an extra two years for owners of brownfield projects that received COCs between March 20, 2010 through January 1, 2012 to claim the qualified tangible property tax (QTP) credit. The extension was intended to provide relief to …

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In response to Covid Crisis, Governor Proposes to Extend Brownfield Tax Credits for Some Sites

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Much like with the Great Recession of 2008, the Covid crisis has caused many brownfield projects to stall. As a result, BCP projects that received their Certificate of Completion (COCs) in 2010-11 are at risk of losing the right to claim the tangible property tax credit since the ten year period to put the property …

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OER Launches Revised Searchable Property Environmental E-Database (SPEED 2.0)

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NY State Superfund, NYC OER, oil spills, PCBs, Underground Storage Tanks, vapor intrusion / By

The New York City Office of Environmental Remediation released an update to its Searchable Property Environmental E-Database (SPEED 2.0) environmental mapping tool in April. SPEED is a useful due diligence tool that allows users to obtain environmental information at a city, borough, neighborhood or site level. All of SPEED’s data is regularly updated to provide …

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Revised ESD Essential Services Guidance Appears to Include Phase 1 Reports and End Confusion for Consultants

Brownfields, CERCLA, Corporate and Real Estate Transactions, Environmental Due Diligence, Hazardous Waste, New York Brownfield Cleanup Program, NY State Superfund / By

As we discussed in a prior Post, the Empire State Development Corporation (ESD) issued a guidance document that were exempt from  Governor Cuomo’s  Executive Order 202.8 banning non-essential services from operating to control the spread of the covid19 virus. In response, the New York State Department of Environmental Conservation (“NYSDEC”) issued its own Guidance describing the …

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NYSDEC Clarifies Requirements for Execution and Submission of BCP Agreements and Amendments

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The New York State Department of Environmental Conservation (“NYSDEC”)  has received numerous inquiries about issues arising with the execution of Brownfield Cleanup Program (“BCP”) agreements and amendments  because of the Covid19 pandemic. In response, the NYSDEC has issued the following guidance: The DYSDEC will grant reasonable extensions of time for the execution of Brownfield Cleanup …

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