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The Brownfield Opportunity Areas Program provides municipalities
and community based organizations with assistance to complete revitalization
plans and implementation strategies for areas affected by brownfield
sites. The Brownfield Opportunity Areas Program enables communities
to put strategies in place to return dormant sites and areas back
to productive use and simultaneously restore environmental quality.
The Brownfield Opportunity Areas Program will enable local governments
and community based organization to:
- address a range of problems posed by multiple brownfield sites;
- build consensus on the future uses of strategic or priority
brownfield sites; and
- establish the multi-agency and private-sector partnerships
necessary to leverage assistance and investments to revitalize
neighborhoods and communities
Program Origin
Program
Purpose
Funding Preferences
Eligible Applicants
Program
Steps, Content & Outcomes
Designation
of the BOA
PROGRAM
ORIGIN
- The Brownfield Opportunity Areas Program is the result of
the Governor's signing of the Superfund/Brownfield Law in October
2003.
- The Superfund/Brownfield legislation amended the General Municipal
Law (Article 18-C), which authorizes municipalities to pursue
redevelopment and revitalization of economically distressed
areas, by adding Section 970-r, to create the Brownfield Opportunity
Areas Program.
- The Superfund/Brownfield Law provides assistance to communities
to undertake activities resulting in area-wide revitalization
plans for brownfields and site assessments to determine the
nature and extent of contamination on priority brownfield sites.
PROGRAM PURPOSE
The program's purpose is to establish a community based revitalization
plan and implementation strategy to achieve brownfield redevelopment
in a proactive and systematic way.
- By participating in the program, communities will develop
locally driven revitalization plans and implementation strategies
to improve neighborhoods or portions of communities that have
been affected by multiple brownfield sites.
- The types of areas this program may be applied to may include
but are not limited to: residential, commercial, industrial/manufacturing
areas or corridors, waterfronts, or downtowns.
- The program's aim is to address problems caused by the presence
of multiple brownfield sites rather than deal with a singular
brownfield site in isolation.
- This program blends the Department of State's expertise in
working in partnership with various interests on community based
planning projects with the Department of Environmental Conservation's
expertise in assessing and cleaning-up brownfields.
FUNDING PREFERENCES
The Superfund/Brownfield Law directs the program's funding to areas
having one or more of the following characteristics:
- Established partnerships or expressed support between municipalities
and community based organizations to pursue an area-wide plan.
- Areas with concentrations of brownfield sites.
- Areas with indicators of economic distress including low resident
incomes, high unemployment, high commercial vacancy rates and
depressed property values.
- Areas with brownfield sites presenting strategic opportunities
to stimulate economic development, community revitalization
or to site new public amenities.
See Brownfield Opportunity
Areas Program Guidance for Applicants for secondary rating criteria.
ELIGIBLE
APPLICANTS
- New York State municipalities which are defined as: cities;
villages; towns; counties; local public authorities or public
benefit corporations; school districts; special improvement
districts; and Indian nations or tribes.
- Community based organizations which are defined as: not-for-profit
corporations that are incorporated under Section 501 (©)
(3) of the Internal Revenue Code whose stated mission is to
promote community revitalization (reuse of brownfield sites)
within the geographic area in which the community based organization
is located; has 25 percent or more of its Board of Directors
residing in the community in such area; and represents a community
with a demonstrated financial need as indicated by high unemployment,
low resident incomes, depressed property values, and high commercial
vacancy rates.
- Two or more eligible applicants may, and are encouraged to,
submit a joint application.
PROGRAM STEPS,
CONTENT AND OUTCOMES
Communities may apply to enter the program at the most appropriate
of the three program steps described below leading to New York State's
designation of the Brownfield Opportunity Area.
Step 1: Pre-Nomination Study
The Pre-Nomination Study is intended for communities that are very
uncertain about existing conditions and have minimal or no information
about brownfields that are impacting their community. The Pre-Nomination
Study provides a preliminary description and analysis of the proposed
Brownfield Opportunity Area. The Pre-Nomination Study will be reviewed
by the New York State Departments of State and Environmental Conservation
to determine if a community should proceed with a Nomination and
Implementation Strategy to designate a Brownfield Opportunity Area.
Step 1 Report Contents.
Step 1 consists of a report, with appropriate supporting map graphics,
that contains the following (see Brownfield
Opportunity Areas Program 2006 Guidance for Applicants
for more on contents):
Description of the Proposed Project, Boundary and Public Participation
Process
- Community Overview and Description
- Project Overview and Description
- Project Area Boundary Description and Justification
- Community Vision and Goals and Objectives
- Community Participation Techniques and/or Process
Preliminary Analysis of the Brownfield Opportunity Area
- Existing Land Use and Zoning
- Brownfield, Abandoned and Vacant Sites
- Land Ownership
- Natural Resources
- Summary and Preliminary Analysis
Step 1 Outcomes. There are
three concrete outcomes from Step 1.
- The first is...The community will clearly identify and describe
a manageable study area.
- The second is...They will begin to form the partnerships and
conduct the public outreach and community visioning process
they will need to succeed.
- And the third is...A preliminary analysis that identifies
compelling opportunities for revitalization.
Advancing to Step 2.
Upon receipt and acceptance by NYS Departments of State
and Environmental Conservation of a satisfactory Pre-Nomination
Study, the participant may submit an application for project advancement
to complete a Step 2 Nomination in the Brownfield Opportunity Areas
Program.
Step 2: Nomination
The Nomination is intended for communities that have enough information
to generate a Pre-Nomination Study on their own, but need assistance
to prepare a Nomination that thoroughly describes existing conditions,
issues and opportunities. The Nomination provides an in-depth and
thorough description and analysis, including an economic and market
trends analysis, of existing conditions, opportunities, and reuse
potential for properties located in the proposed Brownfield Opportunity
Area with an emphasis on the identification and reuse potential
of strategic brownfield sites that are catalysts for revitalization.
Step 2 Report Contents.
Step 2 consists of a report, with appropriate supporting map graphics,
that contains the following (see Brownfield
Opportunity Areas Program 2006 Guidance for Applicants for more on contents):
Section 1 - Description of the Project and Boundary
- Lead Project Sponsors
- Project Overview and Description
- Community Vision and Goals and Objectives
- Project Boundary Description and Justification
Section 2 - Public Participation Plan and Techniques to Enlist Partners
- Public Participation Plan
- Techniques to Enlist Partners
Section 3 - Inventory and Analysis of the Proposed Brownfield Opportunity
Area
- Community and Regional Setting
- Inventory and Analysis
- Existing Land Use, Zoning, and Economic Districts/Designations
- Brownfield Sites
- Land Ownership
- Building Inventory
- Historic or Archeologically Significant Areas
- Transportation Systems
- Infrastructure
- Natural Resources and Environmental Features
- Economic and Market Trends Analysis
- Analysis, Findings and Recommendations of the BOA and Strategic
Brownfield Sites
Step 2 Outcomes.
There are four concrete outcomes from Step 2.
- One is...A comprehensive land use assessment and analysis,
including an in-depth assessment of existing land uses, brownfield
sites and other underutilized properties, key buildings and
historic structure, infrastructure, transportation systems,
and natural resources.
The second is…An economic and market trends analysis to
understand regional and local market forces and to determine if
the community can capitalize on the market place and match uses
that are in demand to strategic brownfield sites.
- The third is…Identification and description of all brownfield
sites as well as an identification of strategic sites that are
catalysts for revitalization.
- And the fourth is…Based on the analysis and findings,
recommendations for future uses and actions to redevelop strategic
sites and revitalize the community or neighborhood.
Review of Step 2 Report.
The Nomination will be circulated for review and comment by area
residents, and local, state, and federal agencies for a comment
period of 30 days.
Advancing to Step 3
- At the conclusion of the Nomination, the participant is encouraged
to meet with the NYS Departments of Environmental Conservation
and State to discuss the status of strategic sites and to discuss
which sites would be most competitive for site assessment funding.
- Upon receipt and acceptance by NYS Departments of State and
Environmental Conservation of a satisfactory Nomination, the
participant may submit an application for project advancement
to complete a Step 3 Implementation Strategy and/or Site Assessments
in the Brownfield Opportunity Areas Program.
- If site assessment funding is sought, the participant shall
request the NYS Commissioner of Environmental Conservation to
provide Interim Designation status for the proposed Brownfield
Opportunity Area. Once the Interim Designation has been received,
the applicant is eligible for site assessment funding.
- The participant shall complete a Site Assessment Form for
each strategic brownfield site the participant is seeking site
assessment funding for.
Step 3: Implementation Strategy and/or Site
Assessments
- The Implementation Strategy provides a description of the
techniques and actions to implement the area-wide plan and describes
how the requirements of the New York State Environmental Quality
Review Act have been met.
- Site assessments are completed for strategic brownfield sites
that are identified in the Nomination, concurrent with progress
on the Implementation Strategy. Key findings from the site assessment
reports are factored into the Implementation Strategy. Remedial
investigations are used to design a conceptual level remediation
strategy for priority brownfield sites.
Step 3 Report Contents. Step
3 consists of a report, with appropriate supporting map graphics,
that contains the following (see
Brownfield Opportunity Areas Program 2006 Guidance for Applicants
for contents):
Site Assessments- (see the Brownfield
Opportunity Areas Program 2005 Guidance for Applicants for the
content requirements of Site Assessments associated with the Brownfield
Opportunity Areas Program).
Section 4 - Implementation Strategy
- Defining Future Uses
- Land Use Implementation Techniques
- Implementation Projects
- Construction Projects
- Local Management Structure to Implement BOA
- Lead Entity to Ensure Implementation
- Regional, State and Federal Actions and Programs for Implementation
Section 5 - State Environmental Quality Review Act (SEQRA)
- This section will describe how the applicant has complied
with SEQRA. Participants that make a positive determination
early in the planning process will prepare a Generic Environmental
Impact Statement (see the Brownfield Opportunity Areas Program
2006 Guidance for Applicants for the advantages to preparing
a GEIS).
- The GEIS will be completed simultaneously and blended entirely
into the Brownfield Opportunity Areas Plan (Nomination and Implementation
Strategy) to the degree that they are one in the same.
Step 3 Outcomes There are
four concrete outcomes from Step 3.
- One is...Communities will have conducted site assessments
on strategic sites.
- The second is...Communities, based on all their information
and analysis,will determine what their
brownfield sites are ideally suited for.
- The third is...communities will have completed an Implementation
Strategy to ensure desired uses materialize on brownfield sites
and that their objectives for revitalization are achieved.
- And the fourth is....Communities, in partnership with New
York State, will have the option to market to developers brownfield
sites for reuse and redevelopment consistent with the future
vision for the site as expressed in the Brownfield Opportunity
Areas Plan. This will be achieved through the production of
descriptive profiles of priority brownfield sites for marketing
purposes.
Communities will have a marketing brochure to assist in building
public and private support for revitalization of the Brownfield
Opportunity Area. The brochure will summarize and describe priority
projects, including public-sector and private-sector roles,
responsibilities, and investments to achieve the plan's objectives.
Review of Step 3 Report.
The Brownfield Opportunity Area Plan (Nomination and Implementation
Strategy) will be circulated for review and comment by area residents,
and local, state, and federal agencies for a comment period of 60
days.
DESIGNATION
OF THE BROWNFIELD OPPORTUNITY AREA
New York State will designate a Brownfield Opportunity Area based
on the following:
- An applicant submits a completed Brownfield Opportunity Area
Plan (Nomination and Implementation Strategy) to the NYS Commissioner
of Environmental Conservation and NYS Secretary of State for
review and approval.
- The New York State Commissioner of the Department of Environmental
Conservation, in consultation with the NYS Secretary of State,
will review and determine the consistency of the Brownfield
Opportunity Area Plan (Nomination and Implementation Strategy)
with the General Municipal Law, Section 970-r.
If the Brownfield Opportunity Area Plan is determined to be
consistent with the provisions of the General Municipal Law
(Section 970-r.), the Brownfield Opportunity Area shall be designated
by the NYS Commissioner of the Department of Environmental Conservation.
If the Brownfield Opportunity Area Plan is determined not to
be consistent with the provisions of the General Municipal Law
(Section 970-r.), the applicant shall be advised in writing
regarding how the Brownfield Opportunity Area Plan should be
amended. The applicant may revise and resubmit the Brownfield
Opportunity Area Plan to the Commissioner.
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