BILL NUMBER: S4263
SPONSOR: KAVANAGH
 
TITLE OF BILL:
An act to amend the environmental conservation law, in relation to the
availability of technical assistance grants in brownfield site remedial
programs
 
PURPOSE OF BILL:
This bill would allow communities to apply and receive a Technical
Assistance Grant as soon as a project is approved to the Brownfield
Cleanup Program. The bill also changes several references of "citizen"
to "community" throughout the act.
 
SUMMARY OF PROVISIONS:
Section one of the bill amends subdivision 6 of section 27-1405 of the
environmental conservation law to change any references of "citizen" to
"community."
Section two of the bill amends paragraph (b) subdivision 2 of section
27-1409 of the environmental conservation law to mandate that the cost
of a technical assistance grant must be covered by the participant
developer. This section also amends subdivision 9 of section 27-1409 to
change any references of "citizen" to "community."
Section three of the bill amends subparagraph (vi) of paragraph (i) of
subdivision 3 of section 27-1415 of the environmental conservation law
to change any references of "citizen" to "community."
Section four of the bill amends section 27-1417 of the environmental
conservation law to mandate that technical assistance grants be made
available to any qualifying community group or New York City community
board with jurisdiction over any brownfield cleanup site. This section
further requires that the participant developer pay the costs of the
grant and information on the availability of technical assistance grants
be included in the community participation handbook produced by the
Department of Environmental Conservation (DEC).
Section five of the bill sets forth the effective date.
 
JUSTIFICATION:
In New York City alone, there are over 200 brownfield cleanup sites
currently active, leaving predominantly working class communities
exposed to hazardous toxins. Current law provides that the Department of
Environmental Conservation (DEC) can provide a Technical Assistance
Grant (TAG) of $50,000 for communities to do their own research in
regards to a brownfield site.
This grant can be utilized to hire health and safety experts to advise
affected residents on any health assessments and for the education of
interested affected community members to enable them to more effectively
participate in the remedy selection process. However, a TAG can only be
applied for once the scope of remediation is already determined, giving
the community no power to protect itself. Also, a TAG must be deemed
necessary by the department.
This legislation would allow communities to apply and receive Technical
Assistance Grants as soon as a project is approved to the Brownfield
Cleanup Program - not after the Remedial Investigation Work Plan is
concluded, providing vital information to affected communities and
limiting exposure to life-threatening toxins.
This legislation also makes language changes to the statute changing the
references of "citizen" participation to "community" participation.
These changes reflect that the community participation process is open
to all affected members of the community regardless of their citizenship
status.
 
LEGISLATIVE HISTORY:
2024: S7195 (Kavanagh) / A7396 (Lee) - Vetoed Memo.113
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the first of February next succeeding the
date upon which it shall have become a law and shall apply to any appli-
cations received on or after such date.

Statutes affected:
S4263: 27-1405 environmental conservation law, 27-1405(6) environmental conservation law, 27-1415 environmental conservation law, 27-1415(3) environmental conservation law