New York State Brownfield Developments: Governor Cuomo Vetoes Tax Credit Extension; State Bar Recommends Reforms 0

New York State Brownfield Developments: Governor Cuomo Vetoes Tax Credit Extension; State Bar Recommends Reforms

On December 29, Governor Andrew Cuomo vetoed a bill that would have extended, until March 31, 2017, the deadline for sites in the New York State Brownfield Cleanup Program to finish cleanups in order to qualify for the Program’s tax credits. The current deadline is December 31, 2015. The veto surprised many observers, since the Governor had earlier indicated that he would sign the bill.

New York Legislators PASS Extension of State Brownfield TAX CREDITS 0

New York Legislators PASS Extension of State Brownfield TAX CREDITS

In the waning hours of this year’s legislative session, the New York State Assembly and Senate have passed identical bills extending the sunset date for tax credits under the New York State Brownfield Cleanup Program from December 31, 2015 to March 31, 2017. To qualify for such credits, sites must obtain their Certificates of Completion from the New York State Department of Environmental Conservation (DEC) by the sunset date.

New York State Bar Association Environmental Law Section Releases Comments on Brownfield Program Reform Proposals 0

New York State Bar Association Environmental Law Section Releases Comments on Brownfield Program Reform Proposals

The Environmental Law Section of the New York State Bar Association has released its Report and Recommendations regarding the proposed extension and reform of the New York State Brownfield Cleanup Program (“BCP” or “Program”). The Report and Recommendations were prepared by the Section’s Brownfield Task Force, co-chaired by David J. Freeman and Lawrence P. Schnapf. The Task Force spent several months reviewing the proposals for reforming the Program made in Governor Andrew Cuomo’s budget bill and draft bill circulated by the staffs of the Senate and Assembly Environmental Conservation Committees.

New York State Brownfield Cleanup Act Reform: The Saga Continues 0

New York State Brownfield Cleanup Act Reform: The Saga Continues

New York State Brownfield Act reform did not survive the crush of last-minute negotiations over the State’s 2014-15 budget. The Governor’s office, the Senate, and Assembly each introduced their own proposals for accomplishing needed reforms but were not able to reach consensus on a path forward. The attached article reviews the differences among the Governor’s, the Senate’s and the Assembly’s proposals on such key issues as: extending the expiration date for brownfield tax credits; revising the definition of “brownfield site”; restricting tangible property tax credits; redefining costs eligible for tax credit treatment; and establishing a new, streamlined program for sites not seeking tax credits.

New York City Brownfield Partnership Releases NYU Study on New York State Brownfield Cleanup Program 0

New York City Brownfield Partnership Releases NYU Study on New York State Brownfield Cleanup Program

The New York City Brownfield Partnership, a non-profit public-private partnership promoting the cleanup and redevelopment of brownfield sites in New York City, has just released a study analyzing the impact of the New York State Brownfield Cleanup Program (BCP) on the cleanup and redevelopment of brownfield sites in New York State. The study was directed by Barry F. Hersh, Clinical Associate Professor at New York University’s Schack Institute of Real Estate, with financial support from the Partnership. The study provides timely and valuable information to the debate over proposed changes to the program.

Cuomo Budget Proposals Seek to Revise NY State Brownfield Cleanup Program 0

Cuomo Budget Proposals Seek to Revise NY State Brownfield Cleanup Program

Governor Andrew Cuomo has proposed major revisions to the New York State Brownfield Cleanup Program (BCP) in the budget he submitted to the state legislature last week. These changes, if enacted, will have a major impact on the types of projects that will be attracted to and accepted into the Program, and the extent to which they are eligible for tax credits.

Consensus Developing for Changes to New York State’s Brownfield Cleanup Program 0

Consensus Developing for Changes to New York State’s Brownfield Cleanup Program

A remarkable consensus is emerging regarding proposed changes to New York State’s Brownfield Cleanup Program. That consensus is reflected in recommendations made over the past several weeks by groups with membership and interests as diverse as the Environmental Justice Alliance, the Real Estate Board of New York, and the Environmental Law Section of the New York State Bar Association.

New York State Comptroller Sets Forth Options for Revitalizing State’s Brownfield Cleanup Programs 0

New York State Comptroller Sets Forth Options for Revitalizing State’s Brownfield Cleanup Programs

Late last month, New York State’s Comptroller, Thomas P. DiNapoli, issued a report reviewing options for modifying the way the state incentivizes and administers cleanups of its thousands of remaining brownfield sites. The Report has special significance in light of Mr. DiNapoli’s expertise in this area: he is a former Chair of the State Assembly’s Environmental Conservation Committee and one of the architects of the state’s Brownfield Cleanup Act, passed in 2003.

District Court Decision Provides Further Guidance on Scope of “Arranger” Liability Under Superfund 0

District Court Decision Provides Further Guidance on Scope of “Arranger” Liability Under Superfund

The U.S. Supreme Court’s decision on “arranger liability” under Superfund in Burlington Northern & Santa Fe Ry. Co. v United States continues to reverberate. The most recent manifestation is a January 31, 2013, decision by the U.S. District Court for the Eastern District of North Carolina in Carolina Power & Light Co. v. Alcan Aluminum Corp. In that decision, the Court granted summary judgment to Georgia Power Co. on the basis that its sale of used transformers to the operator of the Ward Transformer Superfund Site (Site) did not amount to an “arrangement for disposal.” In examining the “fact-specific circumstances,” the Court determined that the evidence established that these transactions were sales of a “useful product” rather than ones with an intent to dispose of a hazardous substance.

New York State Again Defers Decisions Regarding Hydraulic Fracturing 0

New York State Again Defers Decisions Regarding Hydraulic Fracturing

On November 28, 2012, New York State confirmed that its health assessment of the proposed regulations governing hydraulic fracturing, also known as “fracking,” being conducted by a panel of three leading public health experts, would be delayed. Immediately thereafter, the State’s Department of Environmental Conservation (“NYSDEC”) filed for a 90-day extension of the November 29, 2012, regulatory deadline for finalizing fracking regulations.