New York Brownfield Cleanup Program

Is NYSDEC Already Using the Proposed “New” Definition of Brownfield Site?

With the tax credits for the New York State Brownfield Cleanup Program (BCP) scheduled to expire at the end of December 2015, the New York State Department of Environmental Conservation (NYSDEC) has been inudated with applications. Indeed, according to informal betting pool among NYSDEC brownfield employees, the agency anticipates receiving 100 applications by July 1st –the …

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NYSDEC Streamlines Environmental Easement Requirements

In a prior post, we discussed common mistakes made by applicants in the New York State Brownfield Cleanup Program (BCP) that can delay issuance of the Certificate of Completion (COC). Many of the errors involved the environmental easement package that must be completed for projects that do  not achieve a Track 1 unrestricted cleanup. Earlier …

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NY Governor Sends Revised BCP Reform Bill to Legislature

Earlier this week, Governor Cuomo sent his sweeping BCP reforms to the State Legislature. Under the state Constitution, the Governor has 30 days to make technical amendments to his budget legislation without involving the legislature. Despite vociferous complaints by brownfield developers, environmental lawyers and affordable housing advocates about the severe curtailments to the categories of projects …

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Governor Cuomo Proposes Sweeping Amendments to Brownfield Program

[Note: This post will be periodically updated as new information becomes available about the proposed legislative changes ] Governor Andrew Cuomo unveiled his budget legislation today. As expected, the legislation proposed sweeping changes to the state Brownfield Cleanup Program (BCP). The proposed legislation adopts the recommendations of the New York State Tax Reform and Fairness Commission …

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NY Expects Record Number of Brownfield Cleanup Completions in 2014

In 2012, New York legislature failed to meaningfully extend the sunset date for the brownfield cleanup program (BCP) tax credits. In that session, the legislature, only extended the expiration date from March 31, 2015 to December 31, 2015. Because BCP applicants must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by the BCP …

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1/3 of NY BCP Projects Fail to Obtain COCs in 2013 Due To Documentation Issues

The New York State Brownfield Cleanup Program (BCP) may offer lucrative tax credits but to paraphrase the old John Houseman commercial, BCP applicants earn their tax credits the hard way. The BCP is demanding program with rigorous cleanup procedures, robust public participation and lots of documentation requirements. The complexity of the BCP is further exacerbated …

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Key NY BCP Deadline May Be April 2014, not December 2015

As we have previously discussed, the lucrative tax credits available to parties who remediate sites under the New York State Brownfield Cleanup Program (BCP) expire on December 31, 2015. To qualify for the tax credits, BCP applicants must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by that date. The buildings on these …

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NYSDEC Adds New Categories of Sites To Database To Chagrin of Some Property Owners

The New York State Department of Environmental Conservation (NYSDEC) recently announced that it had added approximately 1,950 sites to its Environmental Site Remediation Database Search database of sites that are subject to one of the agency’s remedial programs. The  NYSDEC said it was adding these additional sites to facilitate real estate transactions and address the …

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NYS Tax Department Rules on Eligibility of Post-COC Costs for BCP Tax Credits

During the Great Recession, many brownfield sites in the lost their project financing. In New York, sites that were remediated and received a Certificate of Completion (COC) remain valuable because owners have ten years to develop the sites and claim the lucrative qualified tangible property (QTP) tax credit (explained below). As market conditions have stabilized, …

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NYC Developers Need to Anticipate Possible Hazardous Waste Fees

Large swaths of New York City contain fill material that may contain constituents such as heavy metals. Other soils may contain VOCs, petroleum and lead paint from demolished buildings. As a result, brownfield projects in New York City can generate large quantities of excavated soil that may have to be managed as hazardous waste. Having …

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