New York S 9294: Enacts "Gittel's law"

Bill Text

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S09294 Summary:

BILL NOS09294 

&nbsp

SAME ASSAME AS A10410

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SPONSORKAVANAGH

&nbsp

COSPNSR

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MLTSPNSR

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Amd §§27-1405, 27-1409, 27-1415 & 27-1417, En Con L

&nbsp

Relates to the availability of technical assistance grants in brownfield site remedial programs; provides that the commissioner of environmental conservation shall provide grants to the New York city community board with jurisdiction over the site or to any not-for-profit corporation exempt from taxation under section 501(c)(3) of the internal revenue code at any site which may be affected by a brownfield site remedial program.

Go to top S09294 Actions:

BILL NOS09294 

&nbsp

02/25/2026REFERRED TO ENVIRONMENTAL CONSERVATION

04/21/2026REPORTED AND COMMITTED TO FINANCE

Go to topS09294 Committee&nbspVotes:

Go to topS09294 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS09294 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 9294

 IN SENATE

 February 25, 2026
 ___________

 Introduced by Sen. KAVANAGH -- 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 the
 availability of technical assistance grants in brownfield site remedi-
 al programs

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Subdivision 6 of section 27-1405 of the environmental
 2 conservation law, as amended by section 2 of part A of chapter 577 of
 3 the laws of 2004, is amended to read as follows:
 4 6. "[Citizen] Community participation plan" shall mean the description
 5 of [citizen] community participation activities prepared and carried out
 6 pursuant to section 27-1417 of this title.
 7 § 2. Subdivisions 2 and 9 of section 27-1409 of the environmental
 8 conservation law, subdivision 2 as amended by section 7 of part BB of
 9 chapter 56 of the laws of 2015, and subdivision 9 as amended by section
 10 4 of part A of chapter 577 of the laws of 2004, are amended to read as
 11 follows:
 12 2. One requiring: (a) the participant to pay for state costs, includ-
 13 ing the recovery of state costs incurred before the effective date of
 14 such agreement; provided, however, that such costs may be based on a
 15 reasonable flat-fee for oversight, which shall reflect the projected
 16 future state costs incurred in negotiating and overseeing implementation
 17 of such agreement; [and]
 18 (b) with respect to a brownfield site which: (i) the department has
 19 determined constitutes a significant threat to the public health or
 20 environment, or (ii) is located on and/or adjacent to a school or day
 21 care facility, the department [may] shall include a provision requiring
 22 the applicant to provide a technical assistance grant, as described in
 23 subdivision four of section 27-1417 of this title and under the condi-
 24 tions described therein, to an eligible party in accordance with proce-
 25 dures established under such program, with the cost of such a grant
 26 incurred by a volunteer serving as an offset against such state costs;

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD01950-01-5

 S. 9294 2

 1 (c) with respect to all other brownfield sites the department may
 2 include a provision requiring the applicant to provide a technical
 3 assistance grant, as described in subdivision four of section 27-1417 of
 4 this title and under the conditions described therein, to an eligible
 5 party in accordance with procedures established under such program, with
 6 the cost of such a grant incurred by a volunteer serving as an offset
 7 against such state costs;
 8 9. One requiring the preparation and implementation of a [citizen]
 9 community participation plan consistent with the requirements of this
 10 title as soon as possible following execution of the agreement but no
 11 later than prior to the preparation of a draft remedial investigation
 12 plan by the applicant which shall include a description of [citizen]
 13 community participation activities already performed by the applicant
 14 and/or the department;
 15 § 3. Subparagraph (vi) of para