{"data":{"id":"us-ny/n.y.-environmental-conservation-law-27-1437","jurisdiction":"us-ny","citation":"N.Y. Environmental Conservation Law § 27-1437","heading":"BCP-EZ program","body":"§ 27-1437. BCP-EZ program.\n  1. The department may promulgate regulations to implement a program\nproviding for the expedited investigation and/or remediation of\ncontamination at brownfield sites (BCP-EZ program), provided that:\n  (a) at the time of the application, the department has determined that\nthe brownfield site does not pose a significant threat pursuant to\nsection 27-1411 of this title;\n  (b) the applicant has waived in writing any claim for tax credits\npursuant to section twenty-one of the tax law on a form prescribed by\nthe department; and\n  (c) the activity is conducted in a manner which satisfies all\nrequirements applicable to like activity conducted pursuant to sections\n27-1415 and 27-1417 of this title, except as provided in subdivision two\nof this section and the time periods specified in paragraphs (b) and (c)\nof subdivision three of section 27-1417 of this title.\n  2. For any site accepted into the BCP-EZ program pursuant to this\nsection with a remedial work plan identifying a Track 4 remediation, if\na contaminant is identified in soil in excess of the remedial action\nobjectives contained in an applicable generic table developed pursuant\nto subdivision six of section 27-1415 of this title, the applicant may\nuse site-specific data to demonstrate to the department that the\nconcentration of the contaminant in the soils reflects background\nconditions and, in that case, a contaminant-specific action objective\nfor such contaminant equal to such background concentration may be\nestablished provided that such objective is protective of the public\nhealth and the environment and is determined in a manner acceptable to\nthe department.\n  3. Upon the department's acceptance of the certification by the\napplicant that the remediation requirements of this title, pursuant to\nsection 27-1419 of this title, have been achieved for the brownfield\nsite and an environmental easement, if necessary, has been created and\nfiled pursuant to title thirty-six of article seventy-one of this\nchapter, a site in the BCP-EZ program shall be eligible to receive a\ncertificate of completion in accordance with section 27-1419 of this\ntitle; provided, however, that such certificate of completion shall not\nentitle the holder to any tax credits provided by section twenty-one of\nthe tax law.","path":["Environmental Conservation Law","Article 27. Reduction, Collection, Reuse, Recycling, Treatment and Disposal of Solid Waste","Title 14. Brownfield Cleanup Program"],"source_url":"https://legislation.nysenate.gov/api/3/laws/ENV/27-1437","current_through":"2026-09-11","vintage":"","retrieved_at":"2026-09-14T19:32:44Z","sha256":"75bc29a9c9167210ec0fd0d4c89f07dcfa3bcfe9b8a413cbf1041e338ae7b14c","source_id":"us-ny","stale":false,"prev":"us-ny/n.y.-environmental-conservation-law-27-1433","next":"us-ny/n.y.-environmental-conservation-law-27-1501"},"notice":"GroundRules: Original legal text. Not legal advice."}