Re: [CPEO-BIF] New York "DEC announces improvements to brownfieldcleanup program"

["Larry Schnapf" <larry@schnapflaw.com>]

The DEC feels this is improvement but the finalized rule completely ignored two rounds of comments from the NYSBA and other stakeholders. DEC has adopted a definition of "underutilized" that is contrary to the plain meaning of the word as it focus on FUTURE use and not the current use of the property. It also includes factors such as tax arrears and buildings that are condemned which have no relevance to NYC. This is the very definition of arbitrary and capricious rulemaking. Finally, as adopted, the definition of underutilized will preclude vast swaths of middle class neighborhoods and commercial properties in Queens, Brooklyn and Staten Island from qualifying for tangible property tax credits, thereby discouraging their redevelopment into more productive use. 

This is another unlawful attempt by DEC to narrow the scope of the brownfield program. I predict the DEC will be sued over this rulemaking just when it adopted an unnatural definition of "brownfield site" in the mid-200s and we will end up in another multi-year court battle that will cause irreparable harm to the brownfield program as developers will not know if they qualify for the important tangible property tax credits until after the litigation is concluded. The BCP was just beginning to recover from the damage done by DEC's prior illegal interpretation and this rulemaking could be the death throe of the program. 

L  

Lawrence Schnapf

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-----Original Message-----
From: Brownfields [mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Lenny Siegel
Sent: Sunday, July 31, 2016 8:33 PM
To: Brownfields Internet Forum <brownfields@lists.cpeo.org>
Subject: [CPEO-BIF] New York "DEC announces improvements to brownfieldcleanup program"

DEC announces improvements to brownfield cleanup program Regulation amendments take effect Aug. 12.

Niagara Frontier Publications (NY)
July 30, 2016 


The New York State Department of Environmental Conservation has adopted amendments to the brownfield cleanup program, Commissioner Basil Seggos announced. The amendments, which take effect Aug. 12, define the terms "affordable housing project" and "underutilized" as part of the eligibility requirements for tangible property tax credits for brownfields in New York City. The revised regulations also amend the existing definition of a "brownfield site" to comply with the changes enacted to the brownfield cleanup program law in 2015.

"The brownfield cleanup program is an important tool to advance the restoration of blighted areas in communities across the state, and these revisions will encourage redevelopment on many underutilized properties," Seggos said. "The amendments, which were driven by recommendations of municipalities and other experts, will ensure a more equitable distribution of these vital property tax credits by incentivizing strategic investments in communities across the state."



…

For the entire article, see
http://www.wnypapers.com/news/article/current/2016/07/30/125464/dec-announces-improvements-to-brownfield-cleanup-program

--

Lenny Siegel
Executive Director, Center for Public Environmental Oversight a project of the Pacific Studies Center 278-A Hope St., Mountain View, CA 94041
Voice/Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org

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