[CPEO-BIF] Fwd: New York State's Reformed Brownfield Cleanup Program

[Lenny Siegel]

Begin forwarded message:

> From: "New York State Department of Environmental Conservation"  
> <nysdec at public.govdelivery.com>
>
>
> News update from the New York State Department of Environmental  
> Conservation
> Having trouble viewing this email? View it as a Web page.
>
>
> The Reformed Brownfield Cleanup Program
>
> Today, July 1, 2015, is the effective date of the reformed  
> Brownfield Cleanup Program (BCP), based on the revisions to the  
> Environmental Conservation Law (ECL) enacted as part of this year’s  
> State budget. DEC is accepting applications for the new program and  
> the application form and instructions are available on the web, as  
> described below.
>
> BCP Reform Changes
>
> Most of the significant changes which initially will affect  
> implementation of the program are associated with eligibility for  
> the program and the two-tiered approach for sites in New York City.  
> To address these, DEC has developed a new application form and  
> directions for its use which are available on the website, along  
> with some additional guidance on how DEC will process and handle  
> the applications. Information about eligibility, the application  
> process, and program requirements can be accessed through the  
> following link:
>
> http://www.dec.ny.gov/chemical/8450.html
>
> Several other changes have been made to the program as outlined in  
> the summary of changes, which can be accessed through the following  
> link:
>
> http://www.dec.ny.gov/chemical/101350.html
>
> Changes of Note:
>
> Volunteer Oversight Costs: The recent changes to the BCP include a  
> change to subdivision 2 of section 27-1409 of the ECL which removed  
> the obligation for Volunteers accepted into the BCP to pay state  
> oversight costs, effective July 1, 2015. This change does not  
> remove the obligation to pay state costs incurred up to that date.  
> DEC will be preparing and sending final bills for state cost  
> incurred up to July 1st for all BCP sites with approved brownfield  
> cleanup agreements based on our regular schedule for such billings.  
> All volunteer Applicants can anticipate receiving a final bill  
> through this date over the next year which is our regular billing  
> cycle.
>
> BCP-EZ Status: In exchange for waiving any right to tax credits,  
> lightly contaminated sites would be able to enter a streamlined  
> program, the BCP-EZ option, with State oversight of the cleanup  
> work. BCP-EZ will enable sites to get the critical liability  
> release and obtain financing.
>
> The law requires DEC to promulgate regulations before the program  
> can be implemented. DEC currently has a 6 NYCCR Part 375  
> regulations proposal out for comment with promulgation required by  
> October 1, 2015 for definitions related to the BCP. DEC plans to  
> start the process for adding the BCP-EZ and other required updates  
> to Part 375 within the next few months and does not expect to have  
> proposed regulations until early 2016. It is not likely the BCP-EZ  
> program will be available until the summer of 2016.
>
>



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