As regular readers of this blog are aware, the the 2015 amendments to the New York State Brownfield Cleanup Program (BCP) created three deadlines for applicants to obtain Certificates of Completions (COCs) depending when the site was accepted into the BCP. Generation 1 (Gen1): sites accepted on or before June 22, 2008 have to obtain COC […]
NYSDEC Clarifies COC Deadline for 38 BCP Sites Read More »
In 1994, the New York State Department of Environmental Conservation (NYSDEC) established an administrative voluntary cleanup program (VCP) in which landowners, prospective purchasers and other parties could investigate and/or remediate sites that are contaminated with hazardous substances and petroleum under the supervision of the NYSDEC (See “Organization and Delegation Memorandum #94-32, Policy: Voluntary Cleanup Program”).
NYSDEC To Finally End Voluntary Cleanup Program Read More »
Over a year after the 2015 amendments to the state Brownfield Cleanup Program (BCP) went into effect and eight months after the legislative deadline, the New York State Department of Environmental Conservation (NYSDEC) announced it was adopting amendments to its Part 375 regulations defining what constitutes “underutilized” and “affordable housing”. The definitions are important because
NYSDEC Adopts Final Definition of “Underutilized” for NYC Brownfield Sites Read More »
The NYSDEC’s much awaited revised definition of underutilized that was required as part of the 2015 Brownfield Cleanup Program (BCP) reforms will be published in the March 9, 2016 New York State Register (NYR). The proposed definition is currently available on the NYSDEC website As previously discussed, the 2015 BCP amendments replaced the ‘as of
NYSDEC Proposes Revised Brownfield “Underutilized” Definition Read More »
Because of the changes and controversy surrounding the NYSDEC Brownfield Cleanup Program (BCP), there has been some skepticism in the real estate community about the amount of tax credits that the Department of Taxation and Finance actually approves and if those amounts are near what is supposed to be available under the BCP. The following
Searchable BCP Tax Credit Database Show Who Has Received Tax Credits and How Much Read More »
One of the important changes of the 2015 BCP amendments was that Class 2 sites on the State Registry of Inactive Hazardous Waste Disposal Sites (the state superfund list) as well as RCRA sites may now be eligible for the BCP if the applicant is a volunteer and the NYSDEC has determined no financially viable
NY State Court Upholds Denial of BCP Application Read More »
Parties to commercial leasing transactions frequently overlook environmental issues because they believe that tenants who do not use large quantities of hazardous chemicals will not be exposed to significant environmental liability. Consequently, the parties may do little to no environmental due diligence and use obsolete or boilerplate lease provision that do not specifically allocate environmental
Principal New York State Environmental Laws Impacting Commercial Leasing Transactions Read More »
Back in mid-November, the New York City Office of Environmental Remediation (OER) participated in a brownfield conference sponsored by the Environmental Law Section of the New York State Bar Association. In a series of presentations, OER provided an update on the various initiatives it has created to help facilitate the redevelopment of contaminated properties in
OER’s Suite of Tools To Facilitate Brownfield Development Read More »
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
DEC Misses Deadline for Finalizing Underutilized Definition Read More »
As anyone who has gone through the New York State Brownfield Cleanup Program (BCP) is all too aware, the New York State Department of Health (NYSDOH) has an important role in the cleanup process. The NYSDOH is responsible for determining that work completed under the NYSDEC remedial programs are protective of public health for the
NYSDOH Lowers Vapor Intrusion Action Levels for TCE Read More »