On Wednesday, September 29, 2009, New York City’s Office of Environmental Remediation (OER) held an informational conference call on the first set of draft regulations under the NYC Local Brownfield Cleanup Program (LBCP) and NYC Clean Property Certification Program, that were both authorized by the NYC Brownfield and Community Revitalization Act, signed into law by Mayor Bloomberg in May 2009. The LBCP and the Clean Property Certification Program are integral components of the Brownfield agenda component of the Bloomberg administration’s PlaNYC. The LBCP and Clean Property Certification draft regulations were published by OER on September 17, 2009 and will be followed in mid-November by the issuance of draft Brownfield Financial Incentive Grant regulations that will outline the city’s program for distributing $10 million in funds earmarked for support of the LBCP over three years.
The LBCP is aimed at properties that are not eligible for the New York State Brownfields Cleanup Program and that have only light to moderate contamination. Properties that the DEC have deemed “significant threat” sites, Hazardous Waste sites that DEC has classified as Class 1 and Class 2 under the NYS Environmental Conservation Law, and sites that are on the federal Superfund National Priority List (NPL) are not eligible for the city program. Cleanup criteria and citizen participation plan obligations for the City program track those of the New York State program. There are no tax credits associated with the LBCP – financial incentives under the City LBCP will be limited to grants capped at $50,000 per project. Consultants who meet the Qualified Environmental Professional criteria set forth in the draft regulations, presumptive remedies and templates for required program reports and other documentation will play an important role in the LBCP.
At present, properties that are cleaned up under the LBCP will be entitled to a release from the City for environmental conditions. During the September 29 informational call, Daniel Walsh, Director of the OER announced that discussions are underway with New York State that are expected to yield a state release for sites under the City LBCP. Walsh also announced that he hopes to obtain federal liability protection for City certified properties, but at this time no such liability protections are in place.
Two additional informational sessions will be held by the OER to discuss program procedures with consultants, property owners and other interested parties. The first of these sessions, aimed at private developers and their advisors will be held on Monday, October 5, 2009 and the second, aimed at community-based organizations, will be held on Monday, October 12.
Director Walsh strongly encouraged interested parties to comment on the program and the draft regulations. A hearing to receive comments on the draft regulations will be held on Monday, October 19, 2009 and all written comments are due by Friday, October 30.
