Brownfields

NYC Board of Standards and Appeals Grants Zoning Variance Due to Cleanup Costs

Brownfields, NYC OER /

The NYC Board of Standards and Appeals (Board) granted a variance to facilitate construction of a four-story residential building in Marine Park, Brooklyn because of the costs to remediate soil contamination associated with historic uses at the development parcel. (BSA Bulletin No. 15, Vol. 100, BSA calendar no. 254-13-BZ, CEQR #14BSA032K) The Department of Buildings […]

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DEC Misses Deadline for Finalizing Underutilized Definition

Brownfields, New York Brownfield Cleanup Program /

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

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Expiration of BCP Tax Credits Could Lead to Surge in “Pave and Wave” Cleanups

Brownfields, New York Brownfield Cleanup Program /

The New York Brownfield Cleanup Program (BCP) is known for producing robust cleanups. One reason is the stringent cleanup standards of 6 NYCRR Part 375 but another is the BCP  tax credits that reward applicants who achieve track 1 unrestricted cleanups. Applicants that achieve unrestricted (track 1) cleanups are entitled to claim 50% of their

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

Brownfields, New York Brownfield Cleanup Program, NYC OER /

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

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EB-5 Program Can Provide Alternative Source of Funding for Brownfield Projects

Brownfields, Disclosure of Environmental Liabilities, Environmental Due Diligence /

In a prior post, we discussed how the EB-5 visa immigrant investor program was becoming an important source of construction funding. Since then, the EB-5 immigrant investor program has continued to undergo explosive growth. The popularity of EB-5 is partially because traditional forms of project financing remains difficult to obtain. However, the EB-5 program is

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OER Launches NYC Affordable Housing Cleanup Fund

Brownfields, New York Brownfield Cleanup Program, NYC OER /

The New York City Office of Environmental Remediation (OER) recently announced the creation of the NYC Affordable Housing Cleanup Fund (AHCF) to help remediate and support affordable housing projects in disadvantaged communities. Unlike the OER Brownfield Incentive Grants (BIG) program which are funded from appropriations, OER will be using $1.8MM in EPA Revolving Loan Fund

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OER Grants Available for Petroleum Assessments But Need to Move Quickly

Brownfields, CERCLA, New York Brownfield Cleanup Program, NYC OER, oil spills, Underground Storage Tanks /

The NYC Office of Environmental Remediation just announced that it has a little over $100K to award for petroleum assessments this summer. The source  of the grant money is the brownfield revolving loan fund that was awarded by EPA to OER under section 104(k) of CERCLA. The federally-funded grant may be used for phase 1 or

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NY Legislature Passes Brownfield Extender Bill But Will It Matter?

Brownfields, New York Brownfield Cleanup Program /

[Update: At a bill signing ceremony in Buffalo on June 24th, Governor Cuomo was quoted as saying he would sign the BCP extension] On June 20th, the NY State Senate approved legislation that would extend the expiration of the Brownfield Cleanup Program (BCP) to March 31, 2017. The same bill had been passed by the Assembly earlier

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