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The Business Council is urging
lawmakers to enact comprehensive Superfund refinancing and reform legislation,
including a permanent refinancing of the state Superfund and a statewide,
incentive-based voluntary cleanup program.
The Council outlined its
preferred approach to Superfund refinancing and reform in a June 20 letter
to Senate Majority Leader Joseph Bruno. In the letter, Business Council
President Daniel B. Walsh said The Council continues to support the approach
outlined by the Senate.
"Superfund
program reforms are needed, and should, at minimum, recognize the future
use of resources as part of the cleanup process, and provide post-cleanup
liability releases-with reasonable reservations-for responsible parties,"
Walsh wrote.
New York also
needs a voluntary cleanup program that includes:
- Protective
cleanup standards that reflect the intended use of the site to be cleaned.
- Post-cleanup
liability protection for parties that clean sites, with limited reservations
on circumstances in which such cases can be reopened.
- Liability
reforms to protect innocent landowners, lenders and municipalities from
litigation in connection with hazardous materials they had no role in
depositing.
- Economic
incentives that target properties and projects that need state assistance
to go forward.
"This approach
is modeled on successful legislative programs adopted in other major states,"
Walsh wrote.
The Council also opposes
new taxes or fees on manufacturers to refinance the Superfund, as well as
new enforcement provisions proposed in the Executive Budget. The Senate
has proposed refinancing Superfund by dedicating existing Article 9-A revenues
to it. The Council supports this approach.
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