New York State Banner
D E C banner
D E C banner

Environmental Restoration Program

In an effort to spur the cleanup and redevelopment of brownfields, New Yorkers approved a $200 million Environmental Restoration or Brownfields Fund as part of the $1.75 billion Clean Water/Clean Air Bond Act of 1996 (1996 Bond Act). Enhancements to the program were enacted on October 7, 2003. Under the Environmental Restoration Program, the State provides grants to municipalities to reimburse up to 90 percent of on-site eligible costs and 100% of off-site eligible costs for site investigation and remediation activities. Once remediated, the property may then be reused for commercial, industrial, residential or public use.

Before Image
From the mid-1800's until its abandonment
in the late 1980's, this site was used by
various entities including a paper mill,
a boat works and a stove manufacturing
facility; the result was significant
contamination of the land.
After image
Remedial activities turned the Paper Mill
Island brownfield site into a popular
municipal waterfront park and amphitheater.

Liability Limitation

  • The municipality and all successors in title, lessees, and lenders are released from remedial liability for hazardous substances that were on the property prior to the grant.
  • The State indemnifies these same persons in the amount of any settlements/judgements obtained regarding an action relating to hazardous substances that were on the property prior to the grant.
  • Such person shall be entitled to representation by the State Attorney General.

Eligibility

  • New York State municipalities are eligible. The term "municipality" includes counties, cities, towns and villages as well as local public authorities, public benefit corporations, school and supervisory districts and improvement districts. Additionally, the term "municipality" includes a community based organization which partners with a municipality.
  • The municipality must own the property and cannot be responsible for the contamination.
  • The purpose must be to investigate or remediate hazardous substances or petroleum on the property.
  • The property cannot be listed as a Class 1 or 2 site on the New York State Registry of Inactive Hazardous Waste Disposal Sites.

Remediation projects are evaluated based upon four criteria defined in the 1996 Bond Act:

1. benefit to the environment;

2. economic benefit to the State;

3. potential for public or recreational use of the cleaned up property; and

4. availability of other funding sources to pay for the project.

Two Types of Grants:

1. Investigation Grants

  • The purpose is to determine the nature and extent of contamination and then determine the appropriate remedy.
  • Investigations follow the same process as a Remedial Investigation/Feasibility Study used in the State Superfund Program.
  • Includes public input on the selection of the cleanup remedy and ends with a Record of Decision (ROD).
  • Investigation applications are handled on a first come, first served basis.

2. Remediation Grants

  • Remediation includes the Design and Construction of the cleanup selected in the ROD.
  • Projects are prioritized using a priority ranking score based on the four criteria in the 1996 Bond Act.
  • Remediation applications are reviewed, scored, ranked and approved on a periodic basis.

Program Resources and Contacts:

The following guidance documents are available which outline the program and the application process: the application (963 KB PDF file), the Procedures Handbook (141 KB PDF file), and the State Assistance Contract (55 KB PDF file).

For additional information regarding the Environmental Restoration Program contact your Regional Program Contact.




More about Environmental Restoration Program:

  • Environmental Restoration Program FAQ - FAQs, Frequently Asked Questions on New York's environmental restoration program, brownfields and 1996 Clean Water Clean Air Bond Act.
  • Brownfield Project Receives Award - The New York Association of Consulting Engineers, Inc. (NYACE) selected Paper Mill Island, a brownfield site in Baldwinsville for the prestigious 2002 Platinum Award for Engineering Excellence in the category of Environmental Engineering. This project transformed a former paper mill from an abandoned, contaminated site into a popular waterfront park and amphitheater.