S 6889: Directs the department of environmental conservation to promulgate regulations to implement a state-owned property remediation program for brownfield properties owned by the state, or any department or agency thereof; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 6889 2025-2026 Regular Sessions  IN SENATE March 26, 2025 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation AN ACT to amend the environmental conservation law, in relation to expanding the brownfields cleanup program to include state-owned prop- erties affected by certain kinds of structural contamination The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The environmental conservation law is amended by adding a 2 new section 27-1435 to read as follows: 3 § 27-1435. State-owned property remediation program. 4 1. The department shall promulgate regulations to implement a state- 5 owned property remediation program for applicants that meet the require- 6 ments of subdivision two of this section, provided that: 7 (a) the activity is conducted in a manner which satisfies all require- 8 ments applicable to like activity conducted pursuant to sections 27-1415 9 and 27-1417 of this title; and 10 (b) the remedial program pursuant to section 27-1415 of this title 11 shall achieve a cleanup level that will allow the site to be used for 12 any purpose without restriction by the department and without reliance 13 on the long-term employment of institutional or engineering controls. 14 2. Applicants under this section shall meet the following criteria in 15 order to be eligible for the state-owned property remediation program: 16 (a) the property that is the subject of the application must be real 17 property owned by the state or any department or agency thereof, 18 provided, however, that real property disposed of by the state or any 19 department or agency thereof shall be eligible for the program pursuant 20 to this section; and 21 (b) the property that is the subject of the application is affected by 22 contamination of structures located at the site due to stored materials, 23 electrical appurtenances, asbestos, lead, polychlorinated biphenyls, or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10719-05-5 
 S. 6889 2 1 contaminant as defined pursuant to subdivision seven-a of section 2 27-1405 of this title. 3 3. Upon the department's acceptance of the certification by the appli- 4 cant that the remediation requirements of this title, pursuant to 5 section 27-1419 of this title, have been achieved for the property and 6 an environmental easement, if necessary, has been created and filed 7 pursuant to title thirty-six of article seventy-one of this chapter, the 8 property shall be eligible to receive a certificate of completion in 9 accordance with section 27-1419 of this title and shall be eligible for 10 the tax credits provided by section twenty-one of the tax law. 11 § 2. This act shall take effect on the one hundred twentieth day after 12 it shall have become a law. Effective immediately, the addition, amend- 13 ment and/or repeal of any rule or regulation necessary for the implemen- 14 tation of this act on its effective date are authorized to be made and 15 completed on or before such date.