Amendments to New York State Brownfield Cleanup Act
By Dave Freeman
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Amendments to the New York State Brownfield Cleanup Act (BCA) fall
well short of what both supporters and critics of the law had hoped at the
beginning of the legislative session.
The BCA, while having many favorable features, has been hobbled
from the outset by a tax credit scheme that is seen by some as overly generous
with respect to lightly contaminated properties on which expensive developments
are sited. Because the law provided that cleanup and development dollars were
treated equally for tax credit purposes, such sites stood to reap substantial
tax benefits even where cleanups were modest in scope and cost.
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