We will create a City-sponsored program to provide oversight of cleanups for any sites not enrolled in other programs
The BCP's tax credits are attractive to for-profit developers, but in many cases are not actually the most important service provided by the program. For some developers, a Certificate of Completion (COC)-which limits their liability for contamination discovered in the future-is of greater value than the tax credits. Non-profits, including many developers of affordable housing, are not even eligible for the tax credits-but their lenders often want some sort of government certification that a clean up has been performed to an acceptable safety standard. Today, however, a private party who voluntarily remediates a site cannot obtain a COC without going through the full BCP.

To fill this need, the City will advance State legislation to allow for the creation of an alternative City program that does not offer tax credits, but instead enables a streamlined certification process. This program would use City staff to review and approve cleanup plans under the new City remediation guidelines. Following successful models being used in other states, this program will also allow licensed environmental professionals to certify compliance on low risk remediations with relevant remediation standards and guidance with more limited governmental oversight than is currently required under the BCP. The integrity of this program will be enforced through frequent audits. Upon completion of a satisfactory cleanup, the City will issue a City COC. The City will work with the State and, where necessary, advance legislation to ensure that a City COC is honored by State regulators and provides the same liability relief as the BCP.

Progress (as of 4/22/08):
As part of its Albany legislation, the Administration submitted a proposal for City oversight of brownfields cleanups that are not enrolled in other programs and, on September 25, provided further details in testimony at a Senate/Assembly brownfields hearing. The City continues to work with the Governor's Office, Assembly, Senate and the NYS DEC to create a local, city-administered expedited cleanup program for historic fill and other moderately contaminated sites, which staff of the proposed OER would manage.