Lawmakers Introduce Short-Term Brownfields Extension as Stop-Gap

The state Senate and Assembly introduced a last-minute compromise bill Monday that would extend two environmental cleanup programs, but the legislation falls short of a more ambitious overhaul sought by environmentalists, some lawmakers and the Cuomo administration.

A bill to extend both the state’s Brownfield Cleanup Program and the Superfund program for a little over a year was introduced Monday before midnight, paving the way for lawmakers to take it up before the session’s scheduled end on Thursday. However, even if both houses approve the bill, it is unclear whether Gov. Andrew Cuomo will sign it.

In his executive budget this year Cuomo had proposed to reform the Brownfield program, which expires at the end of 2015, and to extend it for 10 years. The governor’s budget also included $100 million for the state’s Superfund program. The measures were ultimately dropped in the final budget deal.  

Lawmakers said this week they were disappointed they were unable to reach a more comprehensive deal. State Sen. Mark Grisanti, the sponsor of the legislation, said Monday afternoon that the straight extender bill was a backup plan. Assemblyman Robert Sweeney, the chair of the Assembly Environmental Conservation Committee, agreed.

“Obviously we had a more extensive version that would make some reforms and for a longer period of time, and that would have been the best option,” Sweeney said. “But this is certainly better than doing nothing and having the program expire next year and allowing a lot of uncertainty in the interim.” 

The Brownfield program, which offers tax credits for private companies that clean up and redevelop contaminated properties, had come under scrutiny for largely benefitting upscale projects in and around New York City while smaller developers with less cash missed out. The reforms proposed by the Cuomo administration in the budget were aimed at preventing abuse and promoting more brownfield redevelopment in upstate New York.

Laura Haight, an environmental analyst with the New York Public Interest Research Group, said that the Assembly wanted to tie Superfund to any extension of the Brownfield program, but that the governor’s office didn’t want a long-term Superfund extension because it would run up against the state’s debt limit.

The bill introduced in the Senate and Assembly would extend both programs until March 31, 2017. It would also appropriate $100 million for hazardous waste cleanup, the same amount originally proposed by the governor.

“We could hold our breath and see what happens, if the governor actually steps up in a leadership way on this issue,” Haight said. “What we have here is a vacuum. The governor came in with his proposal in the budget and kind of backed off and didn’t lead post-budget when those negotiations didn’t pan out.”

Jody Kass, the executive director of New Partners for Community Revitalization, also said that such a short-term solution would be insufficient. Developers only qualify for Brownfield tax credits after the completion of a project, which can take years, so any uncertainty about the long-term viability of the program would dampen participation, she said, especially in regions that are most in need of assistance.

"We need the governor’s leadership so that we can preserve the state’s leadership on Brownfield," Kass said. "This extender allows a couple of programs to limp along, and it’s totally inadequate. The fact that they’re arguing now about Superfund at this late date is outrageous."

The governor’s office declined to comment on the compromise legislation.

“I’m not sure that the governor has weighed in,” Sweeney said. “I’m sure he will.”