On July 20, the New York State Department of Environmental Conservation (NYSDEC) sent a letter to Brownfield Cleanup Program (BCP) applicants, consultants, and attorneys that provides an update regarding 2023 Certificate of Completion (COC) milestones and affordable housing deadlines. With respect to BCP submittals, the letter emphasizes the importance of applicants making the submittals necessary to obtain COCs in a timely manner, and warns that failure to do so could result in insufficient time for the NYSDEC to issue COCs by the end of the year. Pursuant to the letter, applicants must meet the following milestones:

  • Submission of draft Site Management Plans (SMPs) — August 1
  • Construction completion; submission of approvable final SMPs electronic data in EQuIS format, and draft Final Engineering Reports (FERs); and execution of Environmental Easements — October 1
  • Recordation of Environmental Easements and provision of Requisite Notice — October 15
  • Submission of final FERs — November 15

In addition, the letter recognizes that many BCP sites in New York City have a planned affordable housing component and that New York City’s expiring 421-a tax benefit program requires (1) remediation to be completed, and (2) buildings to be occupied in less than three years. These deadlines further reiterate the importance of making required BCP submittals to NYSDEC in a timely fashion.

NYSDEC also notes that some BCP applicants, consultants, and attorneys have been disrespectful to NYSDEC staff. The letter states that such behavior could result in NYSDEC terminating a site from the BCP.

Requests for additional information regarding this letter or the BCP in general can be directed to Andrew Perel or Buck Dixon.