A little more than one year ago, Governor Andrew M. Cuomo proposed a state budget that included significant changes to New York's Brownfield Cleanup Program (BCP).¹ Those proposed changes did not become law. In June 2014, the New York Legislature passed a bill to extend the BCP beyond its sunset date of Dec. 31, 2015. That, too, did not become law, as late last year, the governor unexpectedly vetoed that bill, claiming it was a budget buster.² At that point, the future of the BCP was uncertain. Equally uncertain was the fate of properties already in the BCP that were unlikely to complete the required remediation before the sunset date.

Now, with the adoption of this year's budget on April 1, the BCP has been extended and given renewed life. This extension, however, also includes new rules. After briefly discussing the background of the BCP, this column will highlight the major changes to the program and their practical impact on New York's brownfield sites, property owners, and developers.

Background

In 2003, the Legislature enacted the Brownfield Cleanup Program Act in an effort to encourage the private sector to voluntarily remediate brownfields, defined as real property that otherwise would not be developed or used because of the presence or potential presence of hazardous waste or petroleum.³ The 2003 law provided generous tax credits to an entity that entered into a brownfield site cleanup agreement with the New York State Department of Environmental Conservation (DEC).