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Year-end may bring us closer to new brownfields law.


Pedantics among us contend, that the year 2001, rather than 2000, is the true start of the millennium. Regardless of who's correct, the year ahead could well have millennial significance for a large but long-neglected sector of New York New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 State's real estate industry -- brownfields.

That's when the state legislature A state legislature may refer to a legislative branch or body of a political subdivision in a federal system.

The following legislatures exist in the following political subdivisions:
 will have before it a bill that would finally place New York among the vast majority of states that have enacted brownfields initiatives. More than 40 states have done so already, helping to make the cleanup and redevelopment of environmentally-impaired property economically feasible for private industry. But if it fails to join them, New York Will continue to see socially and economically useful deals transacted in neighboring states, while its own brownfields languish in blight and non-productivity.

Brownfields initiatives work in various ways, but their essential effects are to permit the cleanup of an impaired parcel to standards that are consistent with the new intended use of that parcel, while minimizing owners' liability risks by providing documentation that certifies the remediation of contaminants. Without such conditions, no investor could properly assess the cost or the risk of undertaking brownfields projects.

New York City New York City: see New York, city.
New York City

City (pop., 2000: 8,008,278), southeastern New York, at the mouth of the Hudson River. The largest city in the U.S.
 alone has thousands of potentially useful brownfields sites lying fallow fallow

a pale cream, light fawn, or pale yellow coat color in dogs.
. These could be extremely productive, creating significant income while eliminating community eyesores and boosting tax revenues for the city. Perhaps that's why, in a rare act of unity, a host of strange bedfellows -- comprising business leaders, environmentalists, upstate Republicans and inner-city minority leaders, among others -- have closed ranks behind the Brownfields Coalition Bill introduced last year by Assemblyman Vito Lopez Vito J. Lopez (b. 1940) represents District 53 in the New York State Assembly, which is comprised primarily of Bushwick and other neighborhoods within the New York City borough of Brooklyn. Lopez holds a BS in Business administration from Long Island University and an M.A. , a Brooklyn Democrat, and Senator Carl Marcellino Carl L. Marcellino (born December 23, 1942) is a member of the New York State Senate. He represents the 5th Senate District which compromises parts of Nassau and Suffolk Counties in Long Island. Marcellino is a Republican who was first elected to the Senate in 1995. , a Long Island Republican.

The bill is supported by the 73-member Brownfields Coalition, whose roster includes such diverse elements as the Building Industry Association of NYC NYC
abbr.
New York City


NYC New York City
, the Environmental Defense Fund and the United Puerto Rican Puer·to Ri·co  
Abbr. PR or P.R.
A self-governing island commonwealth of the United States in the Caribbean Sea east of Hispaniola.
 Organization of Sunset Park.

They all want to see action finally taken to clean up contaminated contaminated,
v 1. made radioactive by the addition of small quantities of radioactive material.
2. made contaminated by adding infective or radiographic materials.
3. an infective surface or object.
 sites in the five boroughs.

The Brookhill Group, as one of the nation's leading buyers of brownfields, is an especially active member of the Coalition. Brookhill's track record is an excellent example of why a brownfields initiative is important to New York. We have major projects underway or completed in such diverse places as Cleveland, Sarasota and rural North Carolina North Carolina, state in the SE United States. It is bordered by the Atlantic Ocean (E), South Carolina and Georgia (S), Tennessee (W), and Virginia (N). Facts and Figures


Area, 52,586 sq mi (136,198 sq km). Pop.
. These projects have created jobs, restored property to local tax rolls, eliminated community blight and reduced the need for new construction. Yet nothing along those lines is happening in New York, where no prudent investor would begin such an endeavor under current law.

Prospects for successful cleanup and redevelopment of brownfields have never been better. In addition to regulatory cooperation in most states, cleanup technology has taken giant leaps forward and useful new tools, such as environmental insurance and guaranteed maximum price A Guaranteed Maximum Price (also known as GMP, Not-To-Exceed Price, NTE, or NTX) contract is a cost-type contract (also known as an open-book contract) where the contractor is compensated for actual costs incurred plus a fixed fee subject to a ceiling price.  contracts from environmental engineering firms, have been developed to help mitigate liability and cost-overrun risk. At least five major firms now offer environmental insurance, and the competition has made the products extremely efficient. Meanwhile engineering firms are vying intensely for consulting and clean-up contracts in the private sector, with many ready to put their own credit on the line to get projects completed at a fixed cost.

But none of that will matter to New York, unless the legislature and Gov. George Pataki provide the legal framework to make brownfields cleanup feasible in New York.

The inadequacies of the Superfund have demonstrated convincingly that government cannot address this problem alone. We need the advantages of public-private cooperation, and 2001 could be the year we finally achieve that.
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Article Details
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Author:BRUDER, RONALD B.
Publication:Real Estate Weekly
Article Type:Brief Article
Geographic Code:1U2NY
Date:Oct 25, 2000
Words:589
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