BILL NUMBER: S5379
SPONSOR: HARCKHAM
 
TITLE OF BILL:
An act to amend the environmental conservation law and the labor law, in
relation to prevailing wage requirements applicable to brownfield reme-
diation work performed under private contract
 
PURPOSE:
Imposes certain brownfield remediation site work requirements under
private contract to be eligible for the tangible property tax credit
associated with brownfield redevelopment
 
SUMMARY OF PROVISIONS:
Section 1 amends section 27-1407 of the environmental conservation law
by adding a new section 3 stating brownfield sites will not be eligible
for tangible property tax credits if the contamination from groundwater
or soil vapor is solely emanating from property other than the site
subject to the present application, or the site has been previously
remediated pursuant to navigation law, or remedial activities are
performed by construction workers paid less than the prevailing rate of
wages set forth by section two hundred twenty of the labor law unless
the site is an affordable housing project.
Section 2 expands the scenarios for denial of requests to participate in
the brownfield remediation program to include labor law violations.
Section 3 authorizes the department to terminate a brownfield site
cleanup agreement if the participant does not comply with the rules
regarding the payment of construction workers, including the prevailing
wage requirements.
Section 4 adds new section 224-g to the labor law detailing 9 subdivi-
sions on prevailing wage requirements applicable to brownfield remedi-
ation work performed under private contract. This section features defi-
nitions and comprehensive schemes for oversight to ensure compliance
with the labor law. It also grants the department authority to deny
participation in the Brownfield Cleanup Program if the person requesting
participation does not require construction workers to be paid the
prevailing rate of wages set forth by section two hundred twenty of the
labor law. This does not apply in the case of affordable housing
projects.
Section 5 states the effective date.
 
JUSTIFICATION:
According to the New York State Department of Environmental Conserva-
tion, brownfields are any real property in which a contaminant is pres-
ent at levels exceeding the soil cleanup objectives or other health-
based or environmental standards. Brownfield remediation is the work
involved to remove or close off points of contamination within a plot of
land or property so that it can be used once again without causing a
health risk. This provides numerous benefits- such as mitigating the
threat to public health and the environment and economic investment in
local communities.
Brownfield remediation is dangerous work and requires the use of a
trained and skilled workforce. Prevailing wage requirements promote the
use of a highly skilled and specialized workforce, serving to better
protect workers and the general public, as well as increase overall
project efficiency. This bill continues the state's efforts to protect
workers in the just transition. Additionally, prevailing wage require-
ments uplift communities by bolstering local economies. For every $1
spent on prevailing wage, $1.50 is infused back into the economy,
supporting local businesses and municipalities across the state.
 
LEGISLATIVE HISTORY:
2023-2024: S5868B/A7941 - Vetoed by Governor
 
FISCAL IMPLICATIONS:
TBD
 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law and shall apply to all requests
for participation received pursuant to section 27-1407 of the environ-
mental conservation law received on or after such date.

Statutes affected:
S5379: 27-1407 environmental conservation law, 27-1407(1-a) environmental conservation law