BCP Reforns

NYSDEC Proposes BCP “Underutilized” and “Affordable Housing Project” Definitions

New York Brownfield Cleanup Program /

NYSDEC has released its proposed its “affordable housing project” and “underutilized” definitions that were required by the Brownfield Cleanup Program (BCP) amendments. These definitions, along with the other criteria for eligibility for tangible property tax credits (the site’s location in an EnZone or the site meeting the statutory definition of “upside down”), will be used […]

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Glimmer of Hope Emerges for BCP Reform

New York Brownfield Cleanup Program /

Since Governor Andrew Cuomo and the Legislature reached an agreement on the 2014 budget, there has been frustrating little progress on extending the Brownfield Cleanup Program (BCP). In the absence of any forward movement, developers have been rushing to submit applications to the BCP so they could obtain a certificate of completion (COC)   before the BCP tax

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BCP Reform Not Part of Budget Deal

New York Brownfield Cleanup Program /

[updated March 31st] In January, Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program (BCP). The proposed changes rattled the real estate industry and caused a surge of BCP applications filed by developers who wanted to enroll in the BCP before the proposed tax changes too effect. On Wednesday morning, though, stakeholders involved in the BCP

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NY Senate Introduces It Own BCP Reform Package

Navigation Law, New York Brownfield Cleanup Program, NYC OER, oil spills /

[Updated] A month after Governor Cuomo proposed sweeping reforms to the Brownfield Cleanup Program, the New York State Senate proposed its own BCP amendments. The bill (S. 6359—C) is available at here. The legislation includes a number of the changes proposed by the Governor’s bill including extending the BCP tax credits to 2025, extending the hazardous

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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

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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

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