STATE OF NEW YORK ________________________________________________________________________

5868

2023-2024 Regular Sessions

IN SENATE

March 20, 2023 ___________

Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when printed to be committed to the Committee 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 paragraphs (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 that 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. LBD10107-01-3

S. 5868 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 para- 5 graphs (c), (d), or (f) of subdivision five of section 27-1405 of this 6 title to be paid the prevailing rate of wages set forth by section two 7 hundred twenty of the labor law, unless such site is an affordable hous- 8 ing project as defined in subdivision twenty-nine of section 27-1405 of 9 this 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 paragraphs (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 graphs (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.