OER Proposes Amendments to Brownfield Incentive Grant Program

NYC OER /

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. […]

OER Proposes Amendments to Brownfield Incentive Grant Program Read More »

EPA Modifies RLF Policy To Facilitate Affordable Housing Protects on Brownfields

Brownfields, NYC OER /

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

EPA Modifies RLF Policy To Facilitate Affordable Housing Protects on Brownfields Read More »

Is NYSDEC Already Using the Proposed “New” Definition of Brownfield Site?

Brownfields, Environmental Due Diligence, New York Brownfield Cleanup Program /

With the tax credits for the New York State Brownfield Cleanup Program (BCP) scheduled to expire at the end of December 2015, the New York State Department of Environmental Conservation (NYSDEC) has been inudated with applications. Indeed, according to informal betting pool among NYSDEC brownfield employees, the agency anticipates receiving 100 applications by July 1st –the

Is NYSDEC Already Using the Proposed “New” Definition of Brownfield Site? Read More »

NYSDEC Streamlines Environmental Easement Requirements

New York Brownfield Cleanup Program /

In a prior post, we discussed common mistakes made by applicants in the New York State Brownfield Cleanup Program (BCP) that can delay issuance of the Certificate of Completion (COC). Many of the errors involved the environmental easement package that must be completed for projects that do  not achieve a Track 1 unrestricted cleanup. Earlier

NYSDEC Streamlines Environmental Easement Requirements Read More »

NY Governor Sends Revised BCP Reform Bill to Legislature

Brownfields, environmental insurance, Hazardous Waste, Navigation Law, New York Brownfield Cleanup Program, NYC OER, oil spills, vapor intrusion /

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

NY Governor Sends Revised BCP Reform Bill to Legislature Read More »

Governor Cuomo Proposes Sweeping Amendments to Brownfield Program

Brownfields, New York Brownfield Cleanup Program, NYC OER /

[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

Governor Cuomo Proposes Sweeping Amendments to Brownfield Program Read More »

NY Expects Record Number of Brownfield Cleanup Completions in 2014

Brownfields, New York Brownfield Cleanup Program /

In 2012, New York legislature failed to meaningfully extend the sunset date for the brownfield cleanup program (BCP) tax credits. In that session, the legislature, only extended the expiration date from March 31, 2015 to December 31, 2015. Because BCP applicants must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by the BCP

NY Expects Record Number of Brownfield Cleanup Completions in 2014 Read More »

1/3 of NY BCP Projects Fail to Obtain COCs in 2013 Due To Documentation Issues

Brownfields, New York Brownfield Cleanup Program /

The New York State Brownfield Cleanup Program (BCP) may offer lucrative tax credits but to paraphrase the old John Houseman commercial, BCP applicants earn their tax credits the hard way. The BCP is demanding program with rigorous cleanup procedures, robust public participation and lots of documentation requirements. The complexity of the BCP is further exacerbated

1/3 of NY BCP Projects Fail to Obtain COCs in 2013 Due To Documentation Issues Read More »

EPA Recognizes E1527-13 But Preamble Raises Specter of Retroactive LIability For Past Phase 1 Reports that Did Not Assess Vapor Intrusion

Brownfields, CERCLA, common law, consultant malpractice, Corporate and Real Estate Transactions, Environmental Due Diligence, vapor intrusion /

On December 30th, the  federal Environmental Protection Agency (EPA) published a final rule in the Federal Register  (78 FR 79319) recognizing the new ASTM E1527-13 phase 1 standard practice as an approved method for complying with the All Appropriate Inquires (AAI) rule. As explained below, while the preamble to the final rule is an improvement to

EPA Recognizes E1527-13 But Preamble Raises Specter of Retroactive LIability For Past Phase 1 Reports that Did Not Assess Vapor Intrusion Read More »

Key NY BCP Deadline May Be April 2014, not December 2015

New York Brownfield Cleanup Program /

As we have previously discussed, the lucrative tax credits available to parties who remediate sites under the New York State Brownfield Cleanup Program (BCP) expire on December 31, 2015. To qualify for the tax credits, BCP applicants must obtain certificates of completion (COC) from the NYS Department of Environmental Conservation (NYSDEC) by that date. The buildings on these

Key NY BCP Deadline May Be April 2014, not December 2015 Read More »

Scroll to Top