SUBJECT:

PURPOSE:

The Brownfield Cleanup Program (BCP) was enacted in 2003 to encourage the remediation and redevelopment of underutilized contaminated sites throughout New York State. The BCP provides protective cleanup standards, liability relief and financial incentives, including tax credits for cleanup and redevelopment costs, to volunteers who clean up brownfield sites. To date, the Department of Environmental Conservation (DEC) has received 349 applications for the BCP with 239 sites qualifying for the program and 28 sites having received Certificates of Completion.

The Brownfield Opportunity Area (BOA) Program, also enacted in 2003, provides municipalities and community based organizations with assistance, up to 90 percent of the eligible project costs, to complete revitalization plans and implementation strategies for areas affected by brownfield sites. To date, over 100 BOA applications have been received.

While some progress has been made, a number of issues have arisen concerning the implementation of these programs. This is the first in a series of public hearings to assist the Legislature in identifying and addressing concerns with the BCP and BOA Program.

Oral testimony will be accepted by invitation only and limited to 10 minutes duration. 15 copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements. Written testimony will also be accepted and may be sent to the contact person listed on the reply form. In order to further publicize the hearing, please inform interested parties of the Committees interest in receiving written testimony from all sources.

In order to meet the needs of those who may have a disability, the Legislature, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Legislative facilities and activities.

PUBLIC HEARING REPLY FORM

Persons invited to present testimony at the public hearing on issues concerning the State's brownfield programs to be held on August 27, 2007 or who wish to submit written testimony, are requested to complete and return this reply form by August 22, 2007 by mail or fax to:

Debbie Peck Kelleher
Committee Director
Senate Environmental Conservation Committee
Senator Marcellino
LOB 812
Albany, NY 12247
email: Peck@senate.state.ny.us
(518) 455-2390
fax (518) 426-6975

(It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.)

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