Legislative Memo

T 518.465.7517


S.2935 (Marcellino)



Brownfield Incentives & Superfund Refinancing



March 18, 2003


The Business Council opposes S.2935 in its current form, and urges the Senate to consider key amendments before it is approved.

On the positive side, S.2935 focuses on the creation of a statutory brownfield program, and includes few changes to the state "superfund" program and avoids significant modifications to the state's oil spill program. The Business Council supports this focused approach.

On the "superfund" side of the bill, our most significant concerns are as follows:

On the "brownfield" side of the bill, we believe that S.2935 fails to effectively address the two most crucial components of an effective voluntary cleanup program – reasonable cleanup standards and clear post-cleanup liability protection.

The Business Council has a number of other concerns regarding the liability, remedy selection, oversight costs and other provisions of this bill as well, but the above-cited issues are the most significant.

The Business Council looks forward to working with the Senate to address these concerns, and to fashion a brownfield bill that will result in more cleanups, faster cleanups, and economic development projects on sites which today remain non-productive and potentially harmful to public health and the environment. However, we believe that S.2935 in its current form would fail to produce an efficient, effective brownfield cleanup and redevelopment program. For these reasons, The Business Council recommends against adoption of S.2935.