FAQ: Brownfield Cleanup Program

What is the Brownfield Cleanup Program?

New York State's Brownfield Cleanup Program (BCP) encourages private sector clean up of abandoned, contaminated sites known as brownfields. Created in 2003, the program helps citizens, developers and community groups transform brownfields into productive community assets by providing resources for all phases of remediation, from planning to redevelopment. This program will be evolving over the next few years as the funding is put in place and official guidance and procedures are developed.

Can I Participate in the Program?

You don't have to be an engineer, planner or environmental specialist to help clean up a brownfield and imagine a new use for the land. As a member of your community you can make many important contributions, including identifying and selecting sites with great potential for redevelopment; connection with other stakeholders; planning development that serves your community's needs; and shaping cleanup plans so they are safe and mindful of your neighborhood.

To access the funding and assistance offered in the Brownfield Cleanup Program, however, you must apply, either as a Volunteer or Participant. See Funding and Partnerships for ways to coordinate developers, community groups and your local government in your project.

Also see 8 Steps to Brownfield Redevelopment for an overview of the redevelopment process from start to finish.

How Do I Spot a Brownfield?

Brownfields come in many shapes and sizes and can be anything from an abandoned gas station to a former factory. For a checklist of things to look for, please see It Might Be a Brownfield If....

Is There a List of Hudson Valley Brownfields?

A few organizations have begun to map and inventory brownfields throughout New York State and in the Hudson Valley in particular. For more information about these resources please see Brownfields in the Hudson Valley.

Are There Any Properties Not Eligible for the Program?

All brownfield sites in New York State are eligible except:

U.S. EPA National Priorities List - These sites pose a danger to the environment and public health and the federal government is overseeing their cleanup.
NYS Inactive Hazardous Waste Disposal Site Registry, Class 1 and 2 - New York State has deemed these sites among its worst and regulates their cleanup. Class 1 sites pose an imminent threat to public health and the environment, and Class 2 sites pose a significant threat.
Resource Conservation and Recovery Act (RCRA) list - These sites are factories and other facilities that use hazardous materials as part of their businesses. The factory owners are actively working with the DEC to clean them up. Contact NYS DEC Division of Solid and Hazardous Materials at (518) 402-8711.
Sites subject to an enforcement action - These sites have oil spills and petroleum and/or hazardous waste contamination and their owners have been ordered by federal or state government to remove the contamination. Visit the DEC to contact your regional enforcement officer.

Does the Program Protect Brownfield Landowners From Lawsuits?

Many brownfields with great redevelopment potential have been left untouched because municipalities and developers didn't want to open themselves up to the legal uncertainties associated with a contaminated property.

To address this New York State now offers expanded liability relief to parties who voluntarily clean up a property, as long as they were not responsible for the contamination. With this incentive, it is expected that many more brownfield redevelopment projects will get underway.

For more information about liability relief, please see the Liability Limitation section of the Brownfield Cleanup Program, or call the DEC at (518) 402-9711.

Is There Funding Available for Municipalities, Community Groups and Developers?

New York State has created many incentives for brownfield redevelopment. For example, municipalities no longer have to share with New York State any profits from the sale of the property. And after remediation, the municipality can choose to use the property for a public purpose or sell it.

Municipalities and community-based organizations can qualify for:

NYS Brownfield Opportunity Area Program (BOA) - The BOA Program, implemented jointly by the DEC and the Department of State, provides up to 90 percent funding plus technical assistance to municipalities and community-based organizations. Money can be used to conduct pre-nomination studies, submit a BOA nomination, and complete site assessments and remediation strategies. This program is unique in that it encourages communities to evaluate brownfields in the larger context, allowing for area-wide planning to clean up and redevelop a group of sites. One key component of the BOA program is that a community can receive funding for planning and pre-nomination studies prior to receiving an actual BOA designation. To qualify for a BOA designation, the properties must be located in areas with at least a 20 percent poverty rate and with an unemployment rate at least 25 percent above the state average.
Qualifying community-based organizations are now eligible for Technical Assistance Grants (TAGs) of up to $50,000 for use when the site is considered a significant threat. This money can be used for several purposes, including increasing public awareness or helping citizens understand certain phases of the cleanup process. For example, the group could hire an independent consultant to review the draft cleanup plan and ensure that the proposed cleanup is acceptable to the community. Also, the consultant could help assure that, if the property is to become a public park or school, there will not be any remaining health risks once the contamination has been dealt with and the property redeveloped.
For developers, various tax credits are available for brownfield remediation projects that involve commercial or industrial uses.

Brownfield Redevelopment Tax Credit involves several components:

Site Preparation Credit - helps offset costs associated with site preparation.
Tangible Property Credit - applies to lease property if taxpayer in non-responsible party (meaning they were not responsible for the contamination that led to brownfield status)
On-site Groundwater Remediation Credit - for on-site groundwater remediation costs paid
Some additional credits are available for the categories listed above if at least half of the site is in an "Environmental Zone."

Environmental Remediation Insurance Credit helps offset the cost of insuring the investigation and cleanup.

Real Property Credit helps offset the cost of the insurance premium that the property owner pays to cover cleanup costs of unidentified contamination is found after initial investigation.