Category Archives: Brownfields

Subscribe to Brownfields RSS Feed

New York State Regulator Finalizes Definitions Under Amended Brownfield Program Relating to Eligibility For Tangible Property Credits For New York City Brownfield Projects

On July 29, the Department of Environmental Conservation (DEC) adopted a new rule for the Brownfields Cleanup Program (BCP) to effectuate the brownfield amendments passed by the Legislature last year. Under amendments to the BCP passed in connection with the executive budgeting process, the Legislature sought to limit the availability of certain tangible property tax … Continue Reading

NYSDEC Issues Draft Brownfield Regulations Defining “Underutilized” and “Affordable Housing Project”

As described in our previous blog post, this spring New York enacted amendments to its Brownfield Cleanup Program (BCP) to, among other things, make eligibility for the lucrative tangible property tax credit more stringent for properties located in New York City.[1] Under the amended law, New York City-based developments will no longer be eligible for … Continue Reading

New York Lawmakers Agree on Brownfield Law Extension With Less Drastic Changes to Tax Credits

In a departure from his budget proposal, the Legislature negotiated changes with the Governor to extend the tax credits for New York’s Brownfield Cleanup Program (BCP) with relatively modest changes to BCP eligibility requirements.  The Governor’s budget proposal would have limited the lucrative “tangible property” tax credit, which is the credit based on a percentage … Continue Reading

Maryland Proposes Contamination Reporting Rules Triggered by Concentration (not Quantity): Routine Transactional Due Diligence Could Pose a Problem

On October 31, the Maryland Department of the Environment (“MDE”) published a proposed regulation calling for reporting of hazardous substances found in the environment — that is, site contamination.  A routine investigation of real estate could trigger this obligation because the reporting thresholds would be concentrations of hazardous substances, not quantities. Section 103 of the federal Comprehensive Environmental … Continue Reading

MassDEP Finalizes Important Revisions to Contaminated Site Cleanup Regulations

The Massachusetts Department of Environmental Protection (MassDEP) recently finalized a substantial overhaul of its contaminated site cleanup regulations, the Massachusetts Contingency Plan (MCP), 310 CMR 40.0000.  These revisions significantly modify the regulatory process for reporting and remediating contaminated properties in Massachusetts. Initially promulgated in 1988, the MCP has evolved considerably in the intervening 25 years.  … Continue Reading

New York Governor Proposes to Extend Brownfield Tax Credit With Major Revisions

From Steven Russo of GT New York City and Robert Rosenthal of GT Albany: The New York Governor proposed to extend the most significant tax credits associated with New York’s Brownfield Cleanup Program (BCP) as part of his Executive Budget.  The proposal tries to take a middle ground between the cheerleaders of the program, who contend … Continue Reading
LexBlog