S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          565
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 7, 2015
                                      ___________
       Introduced  by  Sen. LATIMER -- read twice and ordered printed, and when
         printed to be committed to the Committee on Finance
       AN ACT to amend the environmental conservation law, the tax law and  the
         general municipal law, in relation to eligibility for participation in
         the brownfield cleanup program, and assignment of the brownfield rede-
         velopment  tax  credits;  to  amend part H of chapter 1 of the laws of
         2003, amending the tax law relating to  brownfield  redevelopment  tax
         credits,  remediated  brownfield  credit  for  real property taxes for
         qualified sites and environmental remediation  insurance  credits,  in
         relation to tax credits for certain sites; to amend the public author-
         ities  law  and the environmental conservation law, in relation to the
         environmental restoration program; and making an appropriation  there-
         for
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1.  The opening paragraph and paragraph (a) of  subdivision  2
    2  of  section 27-1405 of the environmental conservation law, as amended by
    3  section 2 of part A of chapter 577 of the laws of 2004, are amended  and
    4  two new subdivisions 29 and 30 are added to read as follows:
    5    "Brownfield  site"  or "site" shall mean any real property[, the rede-
    6  velopment or reuse of which may be complicated by the presence or poten-
    7  tial presence of] WHERE a contaminant IS PRESENT AT LEVELS EXCEEDING THE
    8  SOIL CLEANUP OBJECTIVES THAT ARE  APPLICABLE  BASED  ON  THE  REASONABLY
    9  ANTICIPATED  USE OF THE PROPERTY. Such term shall not include real prop-
   10  erty:
   11    (a) listed in the registry of inactive hazardous waste disposal  sites
   12  under section 27-1305 of this article at the time of application to this
   13  program  and  given a classification as described in subparagraph one or
   14  two of paragraph b of subdivision two of section 27-1305 of  this  arti-
   15  cle;  provided,  however  [except  until July first, two thousand five],
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03995-01-5
       S. 565                              2
    1  real property  listed  in  the  registry  of  inactive  hazardous  waste
    2  disposal  sites under subparagraph two of paragraph b of subdivision two
    3  of section 27-1305 of this article [prior to the effective date of  this
    4  article],  where such real property is owned by a volunteer shall not be
    5  deemed ineligible to participate and further provided that the status of
    6  any such site as listed in the registry shall not be  altered  prior  to
    7  the  issuance of a certificate of completion pursuant to section 27-1419
    8  of this title. THE DEPARTMENT'S ASSESSMENT  OF  ELIGIBILITY  UNDER  THIS
    9  PARAGRAPH  SHALL  NOT  CONSTITUTE  A  FINDING  CONCERNING LIABILITY WITH
   10  RESPECT TO THE PROPERTY;
   11    29. "UNDERUTILIZED" SHALL MEAN THE BROWNFIELD SITE  AND  ANY  IMPROVE-
   12  MENTS:
   13    (A)  ON  WHICH  A  BUILDING OR BUILDINGS CONTAINING NO MORE THAN FIFTY
   14  PERCENT OF THE PERMISSIBLE FLOOR AREA UNDER APPLICABLE ZONING  IS  BEING
   15  UTILIZED; OR
   16    (B)  HAS A VALUE OF EQUAL TO OR LESS THAN SEVENTY PERCENT OF THE AVER-
   17  AGE VALUATION OF LAND IN THE  COUNTY  OR  CITY  IN  WHICH  THE  LAND  IS
   18  LOCATED,  EXCEPT  IN  A  CITY HAVING A POPULATION OF ONE MILLION OR MORE
   19  INHABITANTS WHERE THE AVERAGE VALUATION SHALL BE BASED ON THE COUNTY  IN
   20  WHICH THE LAND IS LOCATED; OR
   21    (C)  HAS  BEEN  CERTIFIED  BY  THE  MUNICIPALITY  IN WHICH THE SITE IS
   22  LOCATED AS UNDERUTILIZED PURSUANT TO THE CRITERIA IN THIS SUBDIVISION.
   23    30. "FUNCTIONALLY OBSOLESCENT" SHALL MEAN THE BROWNFIELD SITE AND  ANY
   24  IMPROVEMENTS THEREON THAT:
   25    (A)  CAN  NO  LONGER  BE  FUNCTIONALLY OR ECONOMICALLY UTILIZED IN THE
   26  CAPACITY IN WHICH IT WAS FORMERLY UTILIZED BECAUSE OF:
   27    (I) THE CONFIGURATION OF THE BUILDING; OR
   28    (II) SUBSTANTIAL STRUCTURAL DEFECTS  NOT  BROUGHT  ABOUT  BY  DEFERRED
   29  MAINTENANCE PRACTICES OR INTENTIONAL CONDUCT; OR
   30    (B)  THE ENTIRE SITE OR A SIGNIFICANT PORTION THEREOF, WITH OR WITHOUT
   31  IMPROVEMENTS IS USED IRREGULARLY OR INTERMITTENTLY; OR
   32    (C) THE FUNCTIONALITY OF THE EQUIPMENT INSIDE THE BUILDING  OR  BUILD-
   33  INGS IS OBSOLETE FOR A MODERN DAY APPLICATION.
   34    S  2. Section 27-1407 of the environmental conservation law is amended
   35  by adding a new subdivision 1-a to read as follows:
   36    1-A. FOR THOSE SITES FOR WHICH THE APPLICANT HAS SUBMITTED AN APPLICA-
   37  TION ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, IF THE PERSON IS
   38  ALSO SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT  COMPONENT  OF  THE
   39  BROWNFIELD  REDEVELOPMENT  TAX  CREDIT  PURSUANT  TO  PARAGRAPH THREE OF
   40  SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW SUCH  PERSON  SHALL
   41  SUBMIT  INFORMATION SUFFICIENT TO DEMONSTRATE THAT THE SITE: (1) (I) HAS
   42  BEEN A VACANT LOT FOR FOUR OR MORE YEARS, OR (II) CONSISTS OF A BUILDING
   43  OR BUILDINGS THAT HAVE BEEN VACANT FOR TWO OR MORE YEARS, OR (III) IS  A
   44  UNDERUTILIZED OR FUNCTIONALLY OBSOLESCENT; AND (2) THE PROJECTED COST OF
   45  THE  INVESTIGATION  AND  REMEDIATION  WHICH IS PROTECTIVE FOR THE ANTIC-
   46  IPATED USE OF THE SITE EXCEEDS THIRTY PERCENT OF THE CERTIFIED APPRAISED
   47  VALUE OF THE PROPERTY ABSENT CONTAMINATION.
   48    SITES ARE NOT ELIGIBLE FOR TANGIBLE PROPERTY TAX CREDITS  IF  (1)  THE
   49  CONTAMINATION  IS  SOLELY  EMANATING  FROM  PROPERTY OTHER THAN THE SITE
   50  SUBJECT TO THE PRESENT APPLICATION; OR (2) THE DEPARTMENT HAS DETERMINED
   51  THAT THE PROPERTY HAS PREVIOUSLY BEEN REMEDIATED SUCH  THAT  IT  MAY  BE
   52  DEVELOPED FOR ITS THEN INTENDED USE.
   53    S  3.  Subdivision 6 of section 27-1407 of the environmental conserva-
   54  tion law, as added by section 1 of part A of chapter 1 of  the  laws  of
   55  2003, is amended to read as follows:
       S. 565                              3
    1    6.  The  department shall use all best efforts to expeditiously notify
    2  the applicant within forty-five days after receiving their  request  for
    3  participation that such request is either accepted or rejected, AND, FOR
    4  ANY  APPLICANT SEEKING TO RECEIVE THE TANGIBLE PROPERTY CREDIT COMPONENT
    5  OF  THE  BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE
    6  OF SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE  TAX  LAW,  WHETHER  THE
    7  CRITERIA FOR RECEIVING SUCH COMPONENT AS SET FORTH IN SUBDIVISION ONE OF
    8  THIS SECTION HAVE BEEN MET.
    9    S  4.  Subdivision 9 of section 27-1407 of the environmental conserva-
   10  tion law is amended by adding a new paragraph (g) to read as follows:
   11    (G) THE PERSON'S PARTICIPATION  IN  ANY  REMEDIAL  PROGRAM  UNDER  THE
   12  DEPARTMENT'S  OVERSIGHT  WAS  TERMINATED BY THE DEPARTMENT OR BY A COURT
   13  FOR FAILURE TO SUBSTANTIALLY COMPLY WITH AN AGREEMENT OR ORDER.
   14    S 5.  The opening paragraph of subdivision 3 of section 27-1419 of the
   15  environmental conservation law, as amended by chapter 390 of the laws of
   16  2008, is amended to read as follows:
   17    Upon receipt of the final engineering  report,  the  department  shall
   18  review  such  report  and  the data submitted pursuant to the brownfield
   19  site cleanup agreement as well as any other relevant information regard-
   20  ing the brownfield site. Upon satisfaction of the commissioner that  the
   21  remediation  requirements  set  forth in this title have been or will be
   22  achieved in accordance with the timeframes, if any, established  in  the
   23  remedial  work  plan, the commissioner shall issue a written certificate
   24  of completion[, such]. THE certificate shall include such information as
   25  determined by the department of taxation and finance, including but  not
   26  limited  to  the  brownfield site boundaries included in the final engi-
   27  neering report, the date of the brownfield site CLEANUP agreement pursu-
   28  ant to section 27-1409 of this title,  and  the  applicable  percentages
   29  available  for  that  site for purposes of section twenty-one of the tax
   30  law[, with such percentages to be determined as follows with respect  to
   31  such qualified site]. FOR THOSE SITES FOR WHICH AN APPLICANT HAS SUBMIT-
   32  TED  AN  APPLICATION  TO PARTICIPATE IN THIS PROGRAM ON OR AFTER JANUARY
   33  FIRST, TWO THOUSAND SEVENTEEN, THE TANGIBLE PROPERTY CREDIT COMPONENT OF
   34  THE BROWNFIELD REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH  THREE  OF
   35  SUBDIVISION  (A)  OF  SECTION  TWENTY-ONE  OF  THE TAX LAW SHALL ONLY BE
   36  AVAILABLE TO THE TAXPAYER IF THE DEPARTMENT'S NOTICE INCLUDES A DETERMI-
   37  NATION THAT THE CRITERIA FOR RECEIVING SUCH TAX COMPONENT HAVE BEEN MET.
   38  FOR THOSE SITES for which the department has  issued  a  notice  to  the
   39  taxpayer  after  June  twenty-third, two thousand eight that its request
   40  for participation has been accepted under  subdivision  six  of  section
   41  27-1407 of this title:
   42    S  6.  Subdivision 5 of section 27-1419 of the environmental conserva-
   43  tion law, as amended by section 9 of part A of chapter 577 of  the  laws
   44  of 2004, is amended to read as follows:
   45    5.  A certificate of completion issued pursuant to this section may be
   46  transferred to the applicant's successors or assigns  upon  transfer  or
   47  sale  of  the brownfield site.  Further, a certificate of completion may
   48  be modified or revoked by the commissioner upon a finding that:
   49    (a) Either the applicant, or the applicant's  successors  or  assigns,
   50  has  failed  to  comply  with the terms and conditions of the brownfield
   51  site cleanup agreement;
   52    (b) The applicant made a misrepresentation of a material fact  tending
   53  to  demonstrate that (I) it was qualified as a volunteer OR (II) MET THE
   54  CRITERIA SET FORTH IN SUBDIVISION ONE-A OF SECTION 27-1407 OF THIS TITLE
   55  FOR THE PURPOSE OF RECEIVING THE TANGIBLE PROPERTY CREDIT  COMPONENT  OF
       S. 565                              4
    1  THE  BROWNFIELD  REDEVELOPMENT TAX CREDIT PURSUANT TO PARAGRAPH THREE OF
    2  SUBDIVISION (A) OF SECTION TWENTY-ONE OF THE TAX LAW;
    3    (c)  Either  the  applicant, or the applicant's successors or assigns,
    4  made a misrepresentation of a material fact tending to demonstrate  that
    5  the  cleanup  levels identified in the brownfield site cleanup agreement
    6  were reached; [or]
    7    (d) THE ENVIRONMENTAL EASEMENT CREATED AND RECORDED PURSUANT TO  TITLE
    8  THIRTY-SIX  OF ARTICLE SEVENTY-ONE OF THIS CHAPTER NO LONGER PROVIDES AN
    9  EFFECTIVE OR ENFORCEABLE MEANS OF ENSURING THE  PERFORMANCE  OF  MAINTE-
   10  NANCE,  MONITORING  OR  OPERATING  REQUIREMENTS,  OR THE RESTRICTIONS ON
   11  FUTURE USES, INCLUDING  RESTRICTIONS  ON  DRILLING  FOR  OR  WITHDRAWING
   12  GROUNDWATER; OR
   13    (E) There is good cause for such modification or revocation.
   14    S  7.  Subdivision 1 of section 27-1431 of the environmental conserva-
   15  tion law is amended by adding a new paragraph c to read as follows:
   16    C. TO INSPECT FOR COMPLIANCE WITH THE SITE MANAGEMENT PLAN APPROVED BY
   17  THE DEPARTMENT, INCLUDING (I) INSPECTION OF THE PERFORMANCE  OF  MAINTE-
   18  NANCE,  MONITORING  AND  OPERATIONAL  ACTIVITIES REQUIRED AS PART OF THE
   19  REMEDIAL PROGRAM FOR THE SITE, AND (II)  TAKING  SAMPLES  IN  ACCORDANCE
   20  WITH PARAGRAPH A OF THIS SUBDIVISION.
   21    S  8.  The  environmental  conservation law is amended by adding a new
   22  section 27-1437 to read as follows:
   23  S 27-1437. BCP LIABILITY ONLY WAIVER PROGRAM.
   24    THE APPLICANT MAY WAIVE ANY CLAIM FOR TAX CREDITS PURSUANT TO  SECTION
   25  TWENTY-ONE OF THE TAX LAW. ANY SUCH WAIVER SHALL BE ON A FORM PRESCRIBED
   26  BY THE DEPARTMENT.
   27    S  9.  Paragraph 3 of subdivision (a) of section 21 of the tax law, as
   28  amended by chapter 390 of the laws  of  2008,  is  amended  to  read  as
   29  follows:
   30    (3)  Tangible  property credit component. The tangible property credit
   31  component shall be equal to the applicable percentage  of  the  cost  or
   32  other basis for federal income tax purposes of tangible personal proper-
   33  ty  and  other  tangible  property,  including  buildings and structural
   34  components of buildings, which constitute qualified  tangible  property;
   35  provided,  however,  that in determining the cost or other basis of such
   36  property, the taxpayer shall exclude the acquisition cost of any item of
   37  property with respect to which a credit under this section was allowable
   38  to another taxpayer. WITH RESPECT TO ANY QUALIFIED SITE THAT IS ELIGIBLE
   39  FOR THE FIVE PERCENT AFFORDABLE HOUSING TANGIBLE PROPERTY CREDIT  COMPO-
   40  NENT  PURSUANT  TO CLAUSE (III) OF SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF
   41  THIS SUBDIVISION, THAT PORTION OF THE TANGIBLE PROPERTY CREDIT COMPONENT
   42  WILL BE DETERMINED BY MULTIPLYING THE  TOTAL  COSTS  QUALIFIED  FOR  THE
   43  TANGIBLE PROPERTY CREDIT COMPONENT BY A FRACTION, THE NUMERATOR OF WHICH
   44  SHALL  BE  THE  SQUARE  FOOTAGE OF SPACE OF THE AFFORDABLE HOUSING UNITS
   45  DEDICATED TO RESIDENTIAL OCCUPANCY AND THE DENOMINATOR OF WHICH SHALL BE
   46  THE TOTAL SQUARE FOOTAGE OF THE BUILDING. The credit component amount so
   47  determined shall be allowed for the taxable year in which such qualified
   48  tangible property is placed in service on a qualified site with  respect
   49  to which a certificate of completion has been issued to the taxpayer for
   50  up  to  ten taxable years after the date of the issuance of such certif-
   51  icate of completion. The tangible property  credit  component  shall  be
   52  allowed  with  respect to property leased to a second party only if such
   53  second party is either (i) not a party responsible for the  disposal  of
   54  hazardous  waste  or the discharge of petroleum at the site according to
   55  applicable principles of statutory or common law liability,  or  (ii)  a
   56  party  responsible  according  to  applicable principles of statutory or
       S. 565                              5
    1  common law liability if such party's liability arises solely from opera-
    2  tion of the site subsequent to the disposal of hazardous  waste  or  the
    3  discharge of petroleum, and is so certified by the commissioner of envi-
    4  ronmental  conservation  at  the  request  of  the taxpayer, pursuant to
    5  section 27-1419 of the environmental conservation  law.  Notwithstanding
    6  any  other provision of law to the contrary, in the case of allowance of
    7  credit under this section to such a lessor, the commissioner shall  have
    8  the  authority to reveal to such lessor any information, with respect to
    9  the issue of qualified use of property by the lessee, which is the basis
   10  for the denial in whole or in part, or for the recapture, of the  credit
   11  claimed  by  such  lessor.  For purposes of the tangible property credit
   12  component allowed under this section the taxpayer to  whom  the  certif-
   13  icate of completion is issued, as provided for under subdivision five of
   14  section  27-1419 of the environmental conservation law, may transfer the
   15  benefits and burdens of the certificate of completion,  which  run  with
   16  the  land  and to the applicant's successors or assigns upon transfer or
   17  sale of all or any portion of an interest or  estate  in  the  qualified
   18  site.  However,  the taxpayer to whom certificate's benefits and burdens
   19  are transferred shall not include the  cost  of  acquiring  all  or  any
   20  portion of an interest or estate in the site and the amounts included in
   21  the  cost  or  other  basis for federal income tax purposes of qualified
   22  tangible property already claimed by the previous taxpayer  pursuant  to
   23  this section.
   24    S  10.  Paragraph 5 of subdivision (a) of section 21 of the tax law is
   25  amended by adding two new subparagraphs (A) and (B) to read as follows:
   26    (A) WITH RESPECT TO SUCH QUALIFIED SITE FOR  WHICH  THE  TAXPAYER  HAS
   27  SUBMITTED  AN  APPLICATION  TO  PARTICIPATE  IN  THE  BROWNFIELD CLEANUP
   28  PROGRAM ON OR AFTER JANUARY FIRST, TWO THOUSAND SEVENTEEN, THE  APPLICA-
   29  BLE  PERCENTAGE FOR THE TANGIBLE PROPERTY CREDIT COMPONENT OF THE BROWN-
   30  FIELD REDEVELOPMENT TAX CREDIT  PURSUANT  TO  PARAGRAPH  THREE  OF  THIS
   31  SUBDIVISION SHALL BE THE SUM OF TEN PERCENT AND THE FOLLOWING ADDITIONAL
   32  PERCENTAGES, PROVIDED THAT THE TOTAL PERCENTAGE OF THE TANGIBLE PROPERTY
   33  CREDIT  COMPONENT  SHALL  NOT  EXCEED  THIRTY  PERCENT  AND IS OTHERWISE
   34  SUBJECT TO THE LIMITATIONS SET FORTH IN PARAGRAPHS THREE AND THREE-A  OF
   35  THIS SUBDIVISION:
   36    (I)  FIVE  PERCENT  FOR  SITES  REMEDIATED  TO TRACK 1 AS THAT TERM IS
   37  DEFINED IN SUBDIVISION FOUR OF  SECTION  27-1415  OF  THE  ENVIRONMENTAL
   38  CONSERVATION LAW;
   39    (II)  FIVE  PERCENT  FOR A SITE LOCATED WITHIN A DESIGNATED BROWNFIELD
   40  OPPORTUNITY AREA IF THE PROPOSED DEVELOPMENT OF THE SITE IS CERTIFIED TO
   41  BE IN CONFORMANCE WITH THE GOALS AND  PRIORITIES  ESTABLISHED  FOR  SUCH
   42  BROWNFIELD OPPORTUNITY AREA PLAN PURSUANT TO SECTION NINE HUNDRED SEVEN-
   43  TY-R OF THE GENERAL MUNICIPAL LAW;
   44    (III)  FIVE PERCENT FOR SITES DEVELOPED AS AFFORDABLE HOUSING, DEFINED
   45  AS HAVING AT LEAST TWENTY PERCENT OF ITS RESIDENTIAL UNITS AVAILABLE  TO
   46  HOUSEHOLDS  WHOSE ANNUAL INCOME AT THE TIME OF ADMISSION DOES NOT EXCEED
   47  EIGHTY PERCENT OF THE MEDIAN INCOME ADJUSTED FOR FAMILY SIZE, EITHER FOR
   48  THE METROPOLITAN STATISTICAL AREA IF THE SITE IS LOCATED WITHIN SUCH  AN
   49  AREA  OR  THE  COUNTY  IF  IT IS NOT, AS MOST RECENTLY DETERMINED BY THE
   50  UNITED STATES DEPARTMENT OF HOUSING AND URBAN  DEVELOPMENT.  DURING  THE
   51  TIME  OF  OCCUPANCY  IF  A HOUSEHOLD'S ANNUAL INCOME EXCEEDS ONE HUNDRED
   52  TWENTY PERCENT OF THE MEDIAN INCOME AND SUCH HOUSEHOLD IS RESIDING IN AN
   53  AFFORDABLE HOUSING UNIT SUCH UNIT SHALL NO LONGER BE COUNTED TOWARDS THE
   54  TWENTY PERCENT REQUIREMENT IN  THIS  CLAUSE.    IF  THE  TWENTY  PERCENT
   55  REQUIREMENT  IS  NO  LONGER BEING MET DUE TO INCREASED HOUSEHOLD INCOME,
   56  THE OWNER OF THE SITE OR AGENT THEREOF SHALL MAKE ANY CURRENT OR  FUTURE
       S. 565                              6
    1  VACANT UNITS THAT ARE COMPARABLE IN NATURE AVAILABLE TO HOUSEHOLDS WHOSE
    2  INCOME  DOES  NOT  EXCEED  EIGHTY PERCENT OF THE MEDIAN INCOME UNTIL THE
    3  TWENTY PERCENT REQUIREMENT IS MET. UNLESS AFFORDABLE UNITS ARE DEVELOPED
    4  UNDER A FEDERAL, STATE OR MUNICIPAL PROGRAM HAVING CONTRARY REQUIREMENTS
    5  ALL  AFFORDABLE  UNITS  MUST HAVE A COMPARABLE NUMBER OF BEDROOMS AS THE
    6  MARKET RATE UNITS, OR AT LEAST FIFTY PERCENT OF THE  AFFORDABLE  HOUSING
    7  MUST  HAVE  TWO OR MORE BEDROOMS AND NO MORE THAN TWENTY-FIVE PERCENT OF
    8  THE AFFORDABLE HOUSING CAN BE SMALLER THAN ONE BEDROOM.  RENT  FOR  SUCH
    9  AFFORDABLE  HOUSING  SHALL  NOT EXCEED THIRTY PERCENT OF THE HOUSEHOLD'S
   10  NET INCOME; AND
   11    (IV) FIVE PERCENT FOR A SITE WITHIN AN ENVIRONMENTAL ZONE.
   12    (B) THE TAXPAYER SHALL SUBMIT, IN THE MANNER PRESCRIBED BY THE COMMIS-
   13  SIONER, INFORMATION SUFFICIENT TO DEMONSTRATE THAT  THE  SITE  QUALIFIES
   14  FOR  ANY  CREDIT  COMPONENTS AVAILABLE UNDER CLAUSES (I) THROUGH (IV) OF
   15  SUBPARAGRAPH (A) OF THIS PARAGRAPH.
   16    S 11. Section 171-r of the tax law is amended by adding a new subdivi-
   17  sion (e) to read as follows:
   18    (E) THE COMMISSIONER, IN CONSULTATION WITH THE COMMISSIONER  OF  ENVI-
   19  RONMENTAL CONSERVATION, SHALL PUBLISH BY JANUARY THIRTY-FIRST, TWO THOU-
   20  SAND  SIXTEEN  A  SUPPLEMENTAL  BROWNFIELD  CREDIT REPORT CONTAINING THE
   21  INFORMATION REQUIRED BY THIS SECTION ABOUT THE CREDITS CLAIMED  FOR  THE
   22  YEARS TWO THOUSAND FIVE, TWO THOUSAND SIX, AND TWO THOUSAND SEVEN.
   23    S  12. Section 970-r of the general municipal law is amended by adding
   24  a new subdivision 10 to read as follows:
   25    10. THE SECRETARY SHALL REVIEW REQUESTS FOR TAX  CREDITS  PURSUANT  TO
   26  CLAUSE  (II) OF SUBPARAGRAPH (A) OF PARAGRAPH FIVE OF SUBDIVISION (A) OF
   27  SECTION TWENTY-ONE OF  THE  TAX  LAW  FOR  BROWNFIELD  OPPORTUNITY  AREA
   28  CONFORMANCE.  IN ESTABLISHING CRITERIA, THE SECRETARY SHALL CONSIDER HOW
   29  THE PROPOSED USE AND  DEVELOPMENT  ADVANCES  THE  GOALS  AND  PRIORITIES
   30  ESTABLISHED  FOR  THAT  APPLICABLE BROWNFIELD OPPORTUNITY AREA AS DESIG-
   31  NATED PURSUANT TO THIS SECTION.
   32    S 13. Section 31 of part H of chapter 1 of the laws of 2003,  amending
   33  the tax law relating to brownfield redevelopment tax credits, remediated
   34  brownfield  credit for real property taxes for qualified sites and envi-
   35  ronmental remediation insurance credits, as amended by  chapter  474  of
   36  the laws of 2012, is amended to read as follows:
   37    S  31.  The  tax credits allowed under section 21, 22 or 23 of the tax
   38  law and the corresponding provisions in articles 9, 9-A, 22, 32  and  33
   39  of the tax law, as added by the provisions of sections one through twen-
   40  ty-nine  of  this  act,  shall  not  be  applicable if the [remediation]
   41  certificate OF COMPLETION required to qualify for any of such credits is
   42  issued after December 31, [2015] 2026.
   43    S 14. Subdivisions 1 and 3 of section 1285-q of the public authorities
   44  law, as added by section 6 of part I of chapter 1 of the laws  of  2003,
   45  are amended to read as follows:
   46    1.  Subject  to  chapter  fifty-nine  of the laws of two thousand, but
   47  notwithstanding any other provisions of law to the contrary, in order to
   48  assist the corporation in undertaking the administration and the financ-
   49  ing of hazardous waste site remediation  projects  for  payment  of  the
   50  state's  share of the costs of the remediation of hazardous waste sites,
   51  in accordance with title thirteen of article twenty-seven of  the  envi-
   52  ronmental  conservation  law  and  section  ninety-seven-b  of the state
   53  finance law, and for payment of state costs associated with the  remedi-
   54  ation  of  offsite contamination at significant threat sites as provided
   55  in section 27-1411 of the environmental conservation law, AND  BEGINNING
   56  IN  STATE  FISCAL  YEAR  TWO THOUSAND FIFTEEN--TWO THOUSAND SIXTEEN, FOR
       S. 565                              7
    1  ENVIRONMENTAL RESTORATION PROJECTS PURSUANT TO  TITLE  FIVE  OF  ARTICLE
    2  FIFTY-SIX  OF  THE  ENVIRONMENTAL CONSERVATION LAW PROVIDED THAT FUNDING
    3  FOR SUCH PROJECT SHALL NOT EXCEED TEN PERCENT OF THE  FUNDING  APPROPRI-
    4  ATED  FOR  THE  PURPOSES  OF  FINANCING HAZARDOUS WASTE SITE REMEDIATION
    5  PROJECTS, PURSUANT TO TITLE THIRTEEN  OF  ARTICLE  TWENTY-SEVEN  OF  THE
    6  ENVIRONMENTAL  CONSERVATION  LAW,  IN  ANY STATE FISCAL YEAR pursuant to
    7  capital appropriations made to the department of environmental conserva-
    8  tion, the director of the division of budget  and  the  corporation  are
    9  each  authorized  to  enter  into one or more service contracts, none of
   10  which shall exceed twenty years in duration, upon such terms and  condi-
   11  tions  as  the director and the corporation may agree, so as to annually
   12  provide to the corporation in the aggregate, a sum  not  to  exceed  the
   13  annual debt service payments and related expenses required for any bonds
   14  and  notes  authorized pursuant to section twelve hundred ninety of this
   15  title. Any service contract entered into pursuant to this section  shall
   16  provide  that  the obligation of the state to fund or to pay the amounts
   17  therein provided for shall not constitute a debt of the state within the
   18  meaning of any constitutional or statutory provision and shall be deemed
   19  executory only to the extent of  moneys  available  for  such  purposes,
   20  subject  to  annual  appropriation  by the legislature. Any such service
   21  contract or any payments made or to be made thereunder may  be  assigned
   22  and  pledged  by the corporation as security for its bonds and notes, as
   23  authorized pursuant to section twelve hundred ninety of this title.
   24    3. The maximum amount of bonds that may be issued for the  purpose  of
   25  financing  hazardous  waste  site remediation projects AND ENVIRONMENTAL
   26  RESTORATION PROJECTS authorized by this section shall not  exceed  [one]
   27  TWO billion two hundred million dollars and shall not exceed one hundred
   28  twenty  million  dollars for appropriations enacted for any state fiscal
   29  year, provided that the bonds not issued for such appropriations may  be
   30  issued  pursuant to reappropriation in subsequent fiscal years. No bonds
   31  shall be issued for the repayment of any new appropriation enacted after
   32  [March] DECEMBER thirty-first, two thousand [thirteen]  TWENTY-FIVE  for
   33  hazardous  waste  site  remediation projects authorized by this section.
   34  Amounts authorized to be issued by this section shall  be  exclusive  of
   35  bonds  issued to fund any debt service reserve funds, pay costs of issu-
   36  ance of such bonds, and bonds or notes issued  to  refund  or  otherwise
   37  repay  bonds  or  notes  previously  issued. Such bonds and notes of the
   38  corporation shall not be a debt of the state, and the state shall not be
   39  liable thereon, nor shall they be payable out of any  funds  other  than
   40  those appropriated by this state to the corporation for debt service and
   41  related  expenses pursuant to any service contracts executed pursuant to
   42  subdivision one of this section, and such bonds and notes shall  contain
   43  on the face thereof a statement to such effect.
   44    S  15. Section 56-0501 of the environmental conservation law, as added
   45  by chapter 413 of the laws of 1996, is amended to read as follows:
   46  S 56-0501. Allocation of moneys.
   47    1. Of the moneys received by the state from the sale of bonds pursuant
   48  to the Clean Water/Clean Air Bond  Act  of  1996,  two  hundred  million
   49  dollars ($200,000,000) shall be available for disbursements for environ-
   50  mental restoration projects.
   51    2.  BEGINNING  IN STATE FISCAL YEAR TWO THOUSAND FIFTEEN--TWO THOUSAND
   52  SIXTEEN ENVIRONMENTAL RESTORATION  PROJECTS  MAY  BE  FUNDED  USING  THE
   53  PROCEEDS   OF   BONDS   ISSUED   PURSUANT   TO  SECTION  TWELVE  HUNDRED
   54  EIGHTY-FIVE-Q OF THE PUBLIC AUTHORITIES LAW PROVIDED  THAT  FUNDING  FOR
   55  SUCH  PROJECTS  SHALL CONFORM TO THE LIMITATIONS PROVIDED IN SUBDIVISION
   56  ONE OF SUCH SECTION.
       S. 565                              8
    1    S 16. Subparagraph (B) and the closing paragraph  of  paragraph  6  of
    2  subdivision (b) of section 21 of the tax law, as amended by section 1 of
    3  part G of chapter 62 of the laws of 2006, is amended to read as follows:
    4    (B)  areas  that have a poverty rate of at least two times the poverty
    5  rate for the county in which the areas are located for the year to which
    6  the data relate [provided, however, that a qualified site shall only  be
    7  deemed  to  be  located in an environmental zone under this subparagraph
    8  (B) if such site was the subject of a brownfield site cleanup  agreement
    9  pursuant  to  section 27-1409 of the environmental conservation law that
   10  was entered into prior to September first, two thousand ten].
   11    Such designation shall be made and a list of  all  such  environmental
   12  zones  shall  be established by the commissioner of economic development
   13  no later than December thirty-first, two thousand four [provided, howev-
   14  er, that a qualified site shall only be deemed to be located in an envi-
   15  ronmental zone under subparagraph (B) of this paragraph if such site was
   16  the subject of a brownfield site cleanup agreement pursuant  to  section
   17  27-1409  of  the  environmental  conservation  law that was entered into
   18  prior to September first, two thousand ten].
   19    S 17. The sum of one hundred million dollars ($100,000,000) is  hereby
   20  appropriated  to the department of environmental conservation out of any
   21  moneys in the state treasury in the capital fund to the  credit  of  the
   22  hazardous  waste  cleanup  account, not otherwise appropriated, and made
   23  immediately available, for the purpose of carrying out the provisions of
   24  this act. Such moneys shall be payable on the audit and warrant  of  the
   25  comptroller  on  vouchers  certified  or approved by the commissioner of
   26  environmental conservation in the manner prescribed by law.
   27    S 18. Severability. If any clause, sentence,  paragraph,  subdivision,
   28  section  or part of this act shall be adjudged by any court of competent
   29  jurisdiction to be invalid, such judgment shall not  affect,  impair  or
   30  invalidate the remainder thereof, but shall be confined in its operation
   31  to the clause, sentence, paragraph, subdivision, section or part thereof
   32  directly  involved  in the controversy in which such judgment shall have
   33  been rendered. It is hereby declared to be the intent of the legislature
   34  that this act would have been enacted even if  such  invalid  provisions
   35  had not been included herein.
   36    S  19.  This act shall take effect immediately; provided that sections
   37  fourteen, fifteen and seventeen of this act shall be deemed to have been
   38  in full force and effect on and  after  April  1,  2015;  and  provided,
   39  further  that  sections  one,  two,  three, five, six, eight, nine, ten,
   40  twelve and sixteen of this act shall take effect January 1, 2017.