Legislative Memo

T 518.465.7511


S.4788 (Marcellino) / A.7498-A (Lopez)



Brownfield Incentives



May 7, 2001


The Business Council opposes adoption of this bill. While it contains some innovative provisions, it has significant flaws in key program areas. For example, it fails to provide needed reforms on cleanup standards; its excessively broad "contribution claim" provision will increase program costs and litigation; it gives the Department of Environmental Conservation onerous, but unnecessary, new enforcement powers; and its unfunded $200 million per year price tag will likely result in significant new taxes and fees imposed on the business sector.

The bill would also have a dramatic effect on the implementation of state economic development programs by giving brownfield projects in certain designated areas automatic priority over all other development projects - regardless of their relative impact on job creation or other economic results.

The following provide a more detailed discussion of our most significant concerns regarding S.4788/A.7498-A.

In summary, A.10408 will be difficult to implement and would provide limited, uncertain and - in many cases - inadequate reforms regarding the cleanup and reuse of contaminated sites. For these reasons, we oppose its approval.