NYS Seal



Oral Testimony by Invitation Only


New York State's Brownfield Cleanup and Opportunity Area Programs


To examine the implementation of the State's brownfield programs

Tuesday, September 25, 2007
11:00 am
Hamilton Hearing Room B
Legislative Office Building, 2nd Floor
Albany, New York

The Brownfield Cleanup Program (BCP) was enacted in 2003 to encourage the remediation and redevelopment of underutilized contaminated sites throughout New York State. The BCP provides protective cleanup standards, liability relief and financial incentives, including tax credits for cleanup and redevelopment costs, to volunteers who clean up brownfield sites. To date, the Department of Environmental Conservation (DEC) has received 349 applications for the BCP with 239 sites qualifying for the program and 28 sites having received Certificates of Completion.

The Brownfield Opportunity Area (BOA) Program, also enacted in 2003, provides municipalities and community based organizations with assistance, up to 90 percent of the eligible project costs, to complete revitalization plans and implementation strategies for areas affected by brownfield sites. To date, over 100 BOA applications have been received.

While some progress has been made, a number of issues have arisen concerning the implementation of these programs. The purpose of this hearing is to assist the Legislature in identifying and addressing concerns with the BCP and BOA Program.

Oral testimony will be accepted by invitation only and limited to 10 minutes duration. 15 copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements. Written testimony will also be accepted and may be sent to the contact person listed on the reply form. In order to further publicize the hearing, please inform interested parties of the Committees interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Legislature, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Legislative facilities and activities.

Senator Carl L. Marcellino, Chairman
Senate Standing Committee on Environmental Conservation

Assemblyman Robert K. Sweeney, Chairman
Assembly Standing Committee on Environmental Conservation


Persons invited to present testimony at the public hearing on issues concerning the State's brownfield programs to be held on September 25, 2007 or who wish to submit written testimony, are requested to complete and return this reply form by September 19, 2007 by mail or fax to:

Alex Roth
Principal Legislative Analyst
New York State Assembly
Program & Counsel Staff
Capitol/ Room 520
Albany, NY 12248
E-mail: rotha@assembly.state.ny.us
(518) 455-4363
fax (518) 455-5182

(It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.)

box I plan to attend the public hearing on September 25, 2007 concerning the State's brownfield programs to be conducted by the Senate and Assembly Committees on Environmental Conservation.

box I have been invited to make a public statement at the hearing. My statement will be limited to 10 minutes, and I will answer any questions which may arise. I will provide 15 copies of my prepared statement.


I will address my remarks to the following subjects:

box I do not plan to attend the above hearing.

box I would like to be added to the Committee mailing list for notices and reports.

box I would like to be removed from the Committee mailing list.


I will require assistance and/or handicapped accessibility information. Please specify the type of assistance required:








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