BCP reform

NYSDEC Adopts Final Definition of “Underutilized” for NYC Brownfield Sites

New York Brownfield Cleanup Program / By

Over a year after the 2015 amendments to the state Brownfield Cleanup Program (BCP) went into effect and eight months after the legislative deadline, the New York State Department of Environmental Conservation (NYSDEC) announced it was adopting amendments to its Part 375 regulations defining what constitutes  “underutilized” and “affordable housing”.  The definitions are important because […]

NYSDEC Adopts Final Definition of “Underutilized” for NYC Brownfield Sites Read More »

DEC Misses Deadline for Finalizing Underutilized Definition

Brownfields, New York Brownfield Cleanup Program / By

As we have previously discussed, the 2015 Brownfield Cleanup Program (BCP) reforms that removed the tangible property cost (TPC) tax credit as an “as of right” benefit for NYC brownfield sites required NYSDEC to issue proposed definitions of “underutilized” and “affordable housing” by mid-June and to  finalize the definitions by October 1st. The agency met

DEC Misses Deadline for Finalizing Underutilized Definition Read More »

New BCP Application Can Be a Trap for the Unwary Applicant

New York Brownfield Cleanup Program / By

The New York State Department of Environmental Conservation (NYSDEC) has unveiled its revised Brownfield Cleanup Program (BCP) application to implement the sweeping changes to the BCP that became partially effective on July 1st. The new form is available HERE The revised application requires applicants to provide more detailed information about the brownfield site, the development project and the

New BCP Application Can Be a Trap for the Unwary Applicant Read More »

Amended BCP Becomes Effective but Not Fully Operational For NYC Sites

New York Brownfield Cleanup Program, NYC OER / By

The amendments to the New York State Brownfield Cleanup Program (BCP) became effective on July 1st—that is except for two key tax credit eligibility criteria for properties located in New York City. Moreover, the rollout of an important alternative to the BCP will be delayed until 2016. As regular readers of this blog are aware,

Amended BCP Becomes Effective but Not Fully Operational For NYC Sites Read More »

NYSBA Brownfield Task Force Issues Report Recommending Changes to Brownfield Program

New York Brownfield Cleanup Program, NYC OER / By

Following the failure of the Legislature and Governor to reach agreement on comprehensive reform of the Brownfield Cleanup Program (BCP), the Brownfield Task Force (BTF) of the New York State Bar Association, which I co-chair with David Freeman, convened a cross-section of stakeholders to study the BCP. After a series of meetings and conference calls,

NYSBA Brownfield Task Force Issues Report Recommending Changes to Brownfield Program Read More »

Governor Cuomo Proposes BCP Reform: Déjà vu all over again?

Brownfields, New York Brownfield Cleanup Program, NYC OER / By

Governor Andrew Cuomo  unveiled his 2015-16 budget on January 21st. As anticipated, the budget contains sweeping reforms to the Brownfield Cleanup Program (BCP) in Part R of the Revenue Article VII Legislation. The BCP amendments are substantially similar to the changes proposed in 2014 which some tweaking around the margins.  Click here for a copy of

Governor Cuomo Proposes BCP Reform: Déjà vu all over again? Read More »

Scroll to Top