NYC OER

OER Proposes Amendments to Brownfield Incentive Grant Program

The New York City Office of Environmental Remediation (OER) has proposed rules that would amend its Brownfield Incentive Grant (BIG) Program. The proposed rule will continue the BIG Program at reduced appropriations. In addition, OER is proposing additional changes to the BIG program to increase the program’s value for developers remediating brownfields across the city. …

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EPA Modifies RLF Policy To Facilitate Affordable Housing Protects on Brownfields

When Mathy Stanislaus departed New York to take the helm of EPA’s Office of Solid Waste and Emergency Response (OSWER), he told the New York brownfield community that one his primary goals was to reform the EPA Revolving Loan Fund (RLF) program so it could better support affordable housing on brownfield sites. Changing long-standing agency …

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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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New OER Brownfield Incentive Grant (BIG) Program To Be Limited By Project Size

We previously discussed that the New York City Office of Environmental Remediation (OER) Brownfield Incentive Grant (BIG) program had become fully subscribed meaning that all of the funds appropriated for the program have been committed to projects. OER has been working on obtaining additional appropriation to fund new BIG applications. The good news is that OER has recently …

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NYC OER To Issue Environmental Review and Assessment (ERA) letters

One of the key challenges facing purchasers of contaminated property is that the Bona Fide Prospective Purchaser, Contiguous Property Owner and Innocent Purchaser liability protections that are available under the federal Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) and similar state laws are self implementing. While EPA may occasionally enter into a …

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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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NYC OER Issuing Comfort Letters To Facilitate Real Estate Transactions

EPA and some state environmental agencies may occasionally issue “comfort letters” to facilitate a particular brownfield project to assuage concerns of developers or lenders about their potential liability. However, regulators have made it clear that they do not have the resources to review conclusions in phase 1 or phase 2 reports generated during routine real …

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How Affordable Housing Developers Can Use the NYC Brownfield Program To Satisfy NEPA

All Federal agencies are required to comply with the National Environmental Policy Act (NEPA), 42 U.S.C. 4321 et seq. The federal Department of Housing and Urban Development (HUD) has established regulations implementing NEPA at 24 CFR Part 50 when HUD staff performs environmental reviews and Part 58 when local governments assume HUD responsibility. In New …

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NYC Receives Grant from Regional Economic Council For Brownfield Grant Program

Empire State Development (ESD) recently announced $738 million in funds have been awarded through Round Two of the Regional Economic Development Council initiative.  Regional Councils were put in place in 2011 to redesign the state’s approach to economic development from a top-down model to a community-based, performance-driven approach. One of the awards is a $500K …

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