Imposes prevailing wage requirements for certain brownfield remediation site work to be eligible to receive the tangible property tax credit associated with brownfield redevelopment.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7491
SPONSOR: Bronson TITLE OF BILL:
An act to amend the environmental conservation law, in relation to
imposing certain brownfield remediation site work requirements to be
eligible for the tangible property tax credit associated with brownfield
redevelopment
PURPOSE:
Imposes certain brownfield remediation site work requirements 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
to state brownfield sites will not be eligible for tangible property tax
credits if 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 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 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.
Section 4 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:
This is a new bill.
FISCAL IMPLICATIONS:
None to the State.
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all state
contracting opportunities advertised on or after such date and shall
exclude contracts entered into, or for which an invitation for bid,
request for proposal, or similar solicitation has been issued, prior to
such effective date.
STATE OF NEW YORK
________________________________________________________________________
7491
2023-2024 Regular Sessions
IN ASSEMBLY
May 25, 2023
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law, in relation to
imposing certain brownfield remediation site work requirements to be
eligible for the tangible property tax credit associated with brown-
field redevelopment
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The closing paragraph of subdivision 1-a of section 27-1407
2 of the environmental conservation law, as added by section 3 of part BB
3 of chapter 56 of the laws of 2015, is amended to read as follows:
4 Sites are not eligible for tangible property tax credits if: (a) the
5 contamination from ground water or soil vapor is solely emanating from
6 property other than the site subject to the present application; or (b)
7 the department has determined that the property has previously been
8 remediated pursuant to titles nine, thirteen and fourteen of this arti-
9 cle, title five of article fifty-six of this chapter and article twelve
10 of the navigation law such that it may be developed for its then
11 intended use; or (c) remedial activities as defined in paragraph (c),
12 (d), or (f) of subdivision five of section 27-1405 of this title are
13 performed by construction workers on a site who are paid less than the
14 prevailing rate of wages set forth by section two hundred twenty of the
15 labor law, unless such site is an affordable housing project as defined
16 in subdivision twenty-nine of section 27-1405 of this title.
17 § 2. Paragraphs (c) and (d) of subdivision 8 of section 27-1407 of the
18 environmental conservation law, as amended by section 3 of part A of
19 chapter 577 of the laws of 2004, are amended and a new paragraph (e) is
20 added to read as follows:
21 (c) there is an order providing for the investigation, removal, or
22 remediation of contamination relating to the brownfield site against the
23 person who is requesting participation; [or]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10107-04-3
A. 7491 2
1 (d) [The] the person requesting participation is subject to an
2 outstanding claim as provided in subdivision four of this section[.]; or
3 (e) the person requesting participation does not require construction
4 workers on a site performing remedial activities as defined in paragraph
5 (c), (d), or (f) of subdivision five of section 27-1405 of this title to
6 be paid the prevailing rate of wages set forth by section two hundred
7 twenty of the labor law, unless such site is an affordable housing
8 project as defined in subdivision twenty-nine of section 27-1405 of this
9 title.
10 § 3. Subdivision 5 of section 27-1409 of the environmental conserva-
11 tion law, as amended by section 4 of part A of chapter 577 of the laws
12 of 2004, is amended to read as follows:
13 5. One authorizing the department to terminate a brownfield site
14 cleanup agreement at any time during the implementation of such agree-
15 ment if the applicant implementing such agreement fails to substantially
16 comply with such agreement's terms and conditions, including the
17 requirement that remedial activities as defined in paragraph (c), (d),
18 or (f) of subdivision five of section 27-1405 of this title to be
19 performed by construction workers on a site shall be paid the prevailing
20 rate of wages set forth by section two hundred twenty of the labor law,
21 unless the site is an affordable housing project as defined in subdivi-
22 sion twenty-nine of section 27-1405 of this title. The prevailing rate
23 of wages for the performance of remedial activities as defined in para-
24 graph (c), (d), or (f) of subdivision five of section 27-1405 of this
25 title shall be subject to enforcement under sections two hundred twenty,
26 two hundred twenty-a, two hundred twenty-b, two hundred twenty-three and
27 two hundred twenty-four-b of the labor law and within the jurisdiction
28 of the fiscal officer as defined therein; provided, however, nothing
29 contained in this subdivision shall be deemed to construe any remedial
30 site as otherwise being considered public work pursuant to article thir-
31 ty-one of the labor law;
32 § 4. This act shall take effect immediately and shall apply to all
33 state contracting opportunities advertised on or after such date and
34 shall exclude contracts entered into, or for which an invitation for
35 bid, request for proposal, or similar solicitation has been issued,
36 prior to such effective date.
