New York S 7195: Relates to the availability of technical assistance grants in brownfield site remedial programs

Bill Text

STATE OF NEW YORK
________________________________________________________________________
7195--B
2023-2024 Regular Sessions
IN SENATE
May 18, 2023
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Environmental Conservation
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- recommitted to the Committee on
Environmental Conservation in accordance with Senate Rule 6, sec. 8 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
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. "[ ] participation plan" shall mean the descriptionCitizen Community
5 of [ ] participation activities prepared and carried outcitizen community
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 the department has: (i)
19 determined constitutes a significant threat to the public health or
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD11147-12-4

S. 7195--B 2
1 environment, or (ii) is located on and/or adjacent to a school or day
2 the department [ ] include a provision requiringcare facility, may shall
3 the applicant to provide a technical assistance grant, as described in
4 subdivision four of section 27-1417 of this title and under the condi-
5 tions described therein, to an eligible party in accordance with proce-
6 dures established under such program, with the cost of such a grant
7 incurred by a volunteer serving as an offset against such state costs;
8 (c) with respect to all other brownfield sites the department may
9 include a provision requiring the applicant to provide a technical
10 assistance grant, as described in subdivision four of section 27-1417 of
11 this title and under the conditions described therein, to an eligible
12 party in accordance with procedures established under such program, with
13 the cost of such a grant incurred by a volunteer serving as an offset
14 against such state costs;
15 9. One requiring the preparation and implementation of a [ ]citizen
16 participation plan consistent with the requirements of thiscommunity
17 title as soon as possible following execution of the agreement but no
18 later than prior to the preparation of a draft remedial investigation
19 plan by the applicant which shall include a description of [ ]citizen
20 participation activities already performed by the applicantcommunity
21 and/or the department;
22 § 3. Subparagraph (vi) of paragraph (i) of subdivision 3 of section
23 27-1415 of the environmental conservation law, as amended by section 7
24 of part A of chapter 577 of the laws of 2004, is amended to read as
25 follows:
26 (vi) Any written and oral comments submitted by members of the public
27 on the applicant's proposed use as part of [ ] partic-citizen community
28 ipation activities performed by the applicant pursuant to this title.
29 § 4. Section 27-1417 of the environmental conservation law, as added
30 by section 1 of part A of chapter 1 of the laws of 2003, paragraphs (b),
31 (d), (e), (f), (g), (h), (i) of subdivision 3 and paragraph (a) of
32 subdivision 4 as amended by section 8 of part A of chapter 577 of the
33 laws of 2004, is amended to read as follows:
34 § 27-1417. [ ] participation.Citizen Community
35 1. [ ] participation handbook. The commissioner shallCitizen Community
36 prepare a [ ] participation handbook for the purpose ofcitizen community
37 providing guidance to applicants in the design and implementation of
38 meaningful [ ] participation plans consistent with thecitizen community
39 requirements of this section for the remediation of brownfield sites as
40 provided in this title. Such handbook shall encourage [ ] citizen communi-
41 involvement by outlining opportunities and recommended methods