Legislative Memo

T 518.465.7517


A.9265 (Brodsky)



Brownfield Redevelopment Act



June 21, 2001


The Business Council appreciates the sponsors' and the Assembly's interest in developing programs to encourage the reuse of contaminated properties. However, The Business Council opposes this bill, not because it represents a different approach than the one we have advocated, but because it will result in a costly, administratively burdensome process, that will fail to achieve the cleanup and redevelopment of the economically distressed areas targeted by this bill. Moreover, it fails to provide any degree of liability protection or redevelopment incentives for contaminated properties outside of the areas designated by this bill.

The Business Council believes that a more effective, more comprehensive, and equally protective statewide voluntary cleanup program can and should be adopted this session, in conjunction with a superfund refinancing and reform package - a view shared by the Administration, the State Senate, and a number of other business and environmental interests.

While this legislation may represent a useful step in the legislative negotiating process, it fails to provide the comprehensive brownfield/VCP reform needed in New York State. For these reasons, and the more detailed issues discussed below, The Business Council recommends against approval of A.9263.

The Business Council appreciates the Assembly's interest in fashioning effective brownfield/voluntary cleanup legislation. However, far more effective incentives can be offered that still provide high levels of protection for public health and the environment.

For these reasons, The Business Council opposes adoption of A.9265.