Amendments To The New York State Brownfield Cleanup Program

The New York State Legislature has passed legislation that amends the NYS Brownfield Cleanup Program (BCP) and associated tax credit program and extends the program for another 10 years. The amendments extend the BCP, which was scheduled to terminate on Dec. 31, 2022, another 10 years, through Dec. 31, 2032, and would require sites to obtain a Certificate of Completion (COC) by 2036. Further, certain projects that received a COC on or after March 20, 2010, but before Dec. 31, 2015, will now have 15 years after the date of issuance of their COC to build their buildings, as opposed to 10 years. The amendments also expand the availability of certain tax credits under the BCP.

The BCP provides state oversight, liability protection and tax incentives for the remediation and redevelopment of contaminated real property, known as brownfield sites. Sites that are accepted into the BCP, are remediated to the satisfaction of the New York State Department of Environmental