DiNapoli Looks to Restructure Brownfield Cleanup Program

State Comptroller Thomas DiNapoli is asking that the New York State Legislature examine options to restructure the state’s primary program to revitalize contaminated properties — the Brownfield Cleanup Program (BCP) — in order to fully achieve the important economic, public health and environmental goals set when the program was created.

DiNapoli issued a report that examined the performance of the BCP and found, as of February, 128 sites have been remediated at a cost of close to $1 billion, mostly in the form of as-of-right tax credits. The credits awarded under the program, widely considered to be among the most generous in the nation, have ranged from a low of $120 to a high of $113.8 million, and an average of $9.4 million per site.

Based on an analysis of the 389 sites currently enrolled in the BCP, DiNapoli projects a potential overall tax credit liability to the state of $3.3 billion. To control costs, DiNapoli recommends that the legislature consider maintaining as-of-right tax credits for site clean-ups, but decouple the tax credits for site redevelopment from admission to the program.