Bill Text: NY S05868 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Relates to prevailing wage requirements applicable to brownfield remediation work performed under private contract as it relates to certain remediation activities, for sites that are seeking or have received a determination that the site is eligible for the tangible property credit component of the brownfield redevelopment tax credit, and the work is paid for in whole or in part by public funds.

Spectrum: Moderate Partisan Bill (Democrat 25-5)

Status: (Vetoed) 2024-12-21 - VETOED MEMO.132 [S05868 Detail]

Download: New_York-2023-S05868-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                          5868

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 20, 2023
                                       ___________

        Introduced  by Sen. HARCKHAM -- read twice and ordered printed, and when
          printed to be committed to the Committee 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  paragraphs  (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  that  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.
                                                                   LBD10107-01-3
        S. 5868                             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  para-
     5  graphs  (c),  (d), or (f) of subdivision five of section 27-1405 of this
     6  title to be paid the prevailing rate of wages set forth by  section  two
     7  hundred twenty of the labor law, unless such site is an affordable hous-
     8  ing  project as defined in subdivision twenty-nine of section 27-1405 of
     9  this 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 paragraphs (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  graphs  (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.