DEC seeks flexible brownfields funding and a study to shorten cleanup timelines; housing projects to be prioritized

The Department of Environmental Conservation (DEC) told the House General & Housing Committee on Feb. 20 that state brownfields work would move faster if an existing one‑time general‑fund appropriation were transferred into an existing DEC special fund and if the agency were permitted to use the money for cleanup as well as assessment.

"Several years ago, we were appropriated $2.5 million that was focused on brownfields assessment work and cleanup planning. That money has been difficult to use for a couple of reasons," Matt Chapman, director of DEC's Waste Management & Prevention Division, told the committee. Chapman said federal Bipartisan Infrastructure Act funds and state finance rules affecting a one‑time general fund appropriation have constrained DEC's ability to deploy those dollars during the critical construction season.

Why it matters: DEC framed the change as a way to accelerate cleanup and redevelopment of contaminated sites in downtowns and village centers, which can be important for housing and economic redevelopment. Chapman also proposed that the brownfields program place housing projects ahead of other uses in DEC's internal prioritization.

Process improvements and study: DEC proposed a legislative study and stakeholder convening to identify process pinch points and recommend ways to shorten brownfields assessment and cleanup timelines, with a report due to the committee (language provided to the committee) and a study of a licensed site professional model used in other states. Chapman said the study would examine alternative, streamlined processes for sites with low levels of contamination and other administrative reforms.

Soil re‑use proposal: DEC staff described a streamlined permitting approach for certain urban "development soils" that contain legacy lead, arsenic and polycyclic aromatic hydrocarbons (PAHs). Under a proposed approach, excavated soils that meet testing criteria and do not leach to groundwater above standards could be reused at sites needing fill, under a light permitting pathway the agency already issues for other solid‑waste events.

Next steps and deliverables: Chapman told the committee DEC will provide draft appropriation language to move the prior general fund money into a special fund, seek statutory authority to include cleanup in eligible uses, and produce the process improvement study; testimony referenced proposed statutory language and a section in the draft the committee received. The committee said prioritizing housing and a short‑term report on process improvements were the most useful legislative items discussed.

Ending: Committee members thanked DEC for the proposals and said they would follow up; Chapman offered to return for further questions and to provide legislative language already discussed with committee staff.