Last Wednesday Senate Democrats called upon Gov. David A. Paterson and other state lawmakers to begin negotiations to quickly get legislation passed for brownfield reform before the end of session.
Senate Minority Leader Malcolm Smith, D, WF-St. Albans, said that bipartisan support is needed to pass legislation that would improve the Brownfield Cleanup Program.
The state’s program which was designed to encourage businesses to clean up and build on contaminated sites has been criticized in recent years for being inefficient. Those calling for reform say the application process needs to be streamlined and businesses that benefit from tax credits need to be held accountable for how and when they complete their projects.
“We need to jump start these negotiations for the sake of all New Yorkers,” said Smith. “To clean up contaminated sites for beneficial reuse in our upstate areas is critical to creating new jobs and affordable housing… This is something we should get done now. We shouldn’t wait until next year or next session. There is a general agreement, yet we are at a stalemate.”
The Senate Democrats said that almost $1 billion in state tax credits and $40 million in community planning grants for cleaning up polluted sites are at stake.
“These dollars are frozen until we are able to get things resolved. In my district $250 million worth of projects are waiting to go. We are holding back growth during an economic slow down,” said Sen. Antoine Thompson, D-Buffalo.
Thompson is sponsoring his own legislation on brownfield reform, bill S.6177a. Senate Democrats said the bill would speed the pace of cleanups, boost job creation and affordable housing and ensure the best use of public funds. Currently the bill has no Assembly sponsor and has been referred to the Environmental Conservation Committee.
“This program is essential for economical development throughout the state. For all of New York we can not wait any longer, we must get action now, particularly given the housing crisis and the financial crisis on Wall Street,” said Thompson.
Environmental advocates present at the conference, such as New Partners for Revitalizaton Inc. and Evironmental Advocates of New York, praised the bill saying the measures would save tax dollars and help safeguard the environment of the Empire State.
The proposed legislation would make community interests a priority and in order for a project to receive the Brownfield Tax Credits would require Brownfield Opportunity Area program standards are met. It would also stop the Brownfield Opportunity Area program from being administered by dual agencies and only have the Department of State running it.
Sen. Carl Marcellino, R-Syosset, Assemblyman Robert Sweeney, D-Lindenhurst, and Gov. David A. Paterson have also all contributed bills to revise the state’s Brownfields programs. The bills are in various stages and are also being considered by the Legislature.
Thompson’s bill is different because it includes a new brownfield “shovel-ready” program that would bring the Empire State Development Corporation into Brownfield projects. A key component of the bill is that the Empire State Development Corporation would have the power to purchase contaminated properties, clean them to meet state environmental standards using local, state and federal grants and sell the properties to businesses. According to Thompson, in exchange, those businesses would agree to build quality structures and create new jobs.
A brownfield is an area that was contaminated by a previous occupant, such as an industrial or commercial site, that needs to be cleaned up before it can be redeveloped.
The state’s Brownfield Cleanup Program, which offers assistance to businesses and communities that take on brownfield projects, was suspended until July because of disagreements among former Gov. Eliot Spitzer and leaders of the Senate and Assembly. If legislators don’t reach an agreement for brownfield reform before the end of the moratorium, the program will continue as is.
“We now have been in a 90-day moratorium on the brownfield program which was placed in this year’s budget meaning that we are not moving projects outside of the programs,” said Smith. “What does this translate into for the state right now. We do not have the economic development projects moving forward and we are not creating jobs which is critical for the state of New York.”
Sen. Liz Krueger, D,WF-Manhattan, said “People wonder why everyone is so angry at Albany all the time. It’s because of stories like this. There is no partisan fight here. We passed brownfield legislation over four years ago… Now we’ve watched the problems grow even though many knew what was wrong the day the bill was passed. There is no excuse for us not to act before leaving the Legislature this year. This is a win-win for green jobs in a time we need to be cleaning up and creating jobs and affordable housing.”
Krueger stressed the opinion that if the Legislature doesn’t get down to business on brownfield reform in the next few weeks there could be an angry backlash. “If we don’t get this done, we are going to have to answer to people about what was the point then of delaying the projects and suspending them for 90 days,” said Krueger. “The moratorium is there to allow us time to fix the problems and it is a way of saying we are not going to leave here without fixing it or else you’ll have to explain why people were not able to move forward with new projects.”
Legislative Gazette, June 1, 2008
Brownfield bill would get sites ‘shovel ready’
By SAMANTHA PAWLAK



