Section of Environment, Energy, and Resources
Environmental Transactions and Brownfields Committee - Newsletter Archive
Vol. 3, No. 4 - July 2001
New York / New Jersey
Larry Schnapf
Schnapf & Associates
New York, New York
New York
New York remains the largest industrial state not to have a comprehensive brownfield program. Legislation to codify a brownfield program has been stalled for several years because of disputes between the Democratic-controlled Assembly and Republican-controlled Senate.
A first step towards ending this stalemate may have occurred when the State Assembly passed two brownfield bills in June 2001. A.9265 is limited to sites designated as Brownfield Redevelopment Areas (BRA) which would generally be contaminated sites located in economically depressed areas. This bill would provide liability relief in certain situations to lenders, municipalities and non-profits associated with these sites. The bill also creates tax credits and amends the 1996 Bond Act to allow more funds for BRA sites.
The second Assembly (A.9203A) is much more comprehensive. It would also amend the state Superfund program to provide lender liability relief, innocent purchaser and statutory right of contribution as well as establish various grants and loans for redevelopment of contaminated sites.
Governor Pataki has introduced his own legislation that would reform the state Superfund law to include a comprehensive brownfield program, liability relief, funding mechanisms, streamlined cleanup procedures and promulgation of cleanup standards that take land use into account.
New Jersey
The New Jersey Underground Storage Tank Closure, Upgrade and Remediation Fund (UST Fund) was created 1997 to provide grants and low-interest loans to the owners and operators of regulated USTs as well as homeowners with heating oil USTs. Until recently, the state Department of Environmental Protection was only allowed to disburse 10% of the UST Fund in the form of grants in any one year. However, the legislature recently eliminated the cap until March 31, 2004. The recent amendment also allows applicants to be reimbursed for costs that are incurred prior to submitting an application for funding.
Environmental Transactions and Brownfields Navigation
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