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What is NYC RCNY § 43-1422?

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a. Brownfield incentive grants shall be paid to the grantee or the qualified vendor who performed the work upon receipt of invoices for eligible activities and/or services listed in schedule B, provided that brownfield opportunity area local match grants shall be paid to the grantee upon receipt of a copy of a work pla

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Effective: 1/27/2016Last amended: 4/20/2019

§ 43-1422 Grant Awards and Award Limits.

RCNY § 43-1422

a. Brownfield incentive grants shall be paid to the grantee or the qualified vendor who performed the work upon receipt of invoices for eligible activities and/or services listed in schedule B, provided that brownfield opportunity area local match grants shall be paid to the grantee upon receipt of a copy of a work plan approved by the New York state department of state and a copy of a contract executed with the New York state department of state. Brownfield opportunity area local match grants shall be paid to a community based organization in a place-based community brownfield planning area identified by the Office upon receipt of an executed agreement with the Office identifying the work to be performed. b. A grantee may be awarded brownfield incentive grants from one or more of the grant types for the same qualifying brownfield property. Total grant amounts awarded to the grantee may not exceed the award limits identified in subdivision c of this section. c. Award limits.

1.Generally. Grants may be awarded for a qualifying brownfield property totaling up to the amount listed in schedule A. Activities and services in connection with pre-enrollment and enrollment grants can be performed by a qualified vendor under contract with the New York City economic development corporation, the New York City department of environmental protection or the Office.

2.Preferred community development projects. A grantee for a preferred community development project may be awarded: (1) a pre-enrollment grant of up to $25,000, (2) a technical assistance grant of up to $5,000, and (3) once the project is enrolled in the City voluntary cleanup program, an enrollment grant of up to $35,000, including the sum of the pre-enrollment grant and excluding the sum of the technical assistance grant. A not-for-profit developer of a preferred community development project or a developer of a residential building where 100% of the units are affordable is eligible for an enrollment grant of $50,000. The amount of the enrollment grant includes the sum of the pre-enrollment grant and excludes the sum of the technical assistance grant.

3.Brownfield opportunity area local match grant. A grantee of a brownfield opportunity area local match grant may receive a grant of up to $25,000 or ten percent of the brownfield opportunity area grant award from the New York state department of state, for step one of the brownfield opportunity area program, whichever is less, and $25,000 or ten percent of the brownfield opportunity area grant award from the New York state department of state for step two of the brownfield opportunity area program, whichever is less. A grantee of a brownfield opportunity area local match grant that is a community based organization in a place-based community brownfield planning area may receive a grant of up to $25,000. Activities and services on behalf of a community based organization that conducts place-based community brownfield planning through a brownfield opportunity area local match grant can be performed by a qualified vendor under contract with the New York City economic development corporation, the New York City department of environmental protection or the Office.

4.Community based organization applicant for a brownfield opportunity area grant. A community based organization that seeks to apply for a brownfield opportunity grant may receive a technical assistance grant of up to $10,000 for eligible consulting services. Community based organizations that conduct place-based community brownfield planning in areas identified by the Office may also receive a technical assistance grant of $10,000. Activities and services on behalf of a community based organization that conducts place-based community brownfield planning through a technical assistance grant can be performed by a qualified vendor under contract with the New York City economic development corporation, the New York City department of environmental protection or the Office.

5.Brownfield opportunity area strategic property bonus cleanup grant. A grantee of a brownfield opportunity area strategic property bonus cleanup grant may receive a grant of up to $10,000 for cleanup services and activities. This grant award may be in addition to pre-enrollment and other enrollment grants received under this program.

6.Track-one bonus cleanup grants. A grantee who achieves a track-one cleanup may receive a grant award of up to $10,000. This grant award shall be in addition to pre-enrollment and other enrollment grants received under this program.

7.E-designation hazardous material sites and restrictive declaration hazardous material sites remediation. The award limits for e-designation hazardous material sites and restrictive declaration hazardous material sites shall be as follows: A. A grantee of an e-designation hazardous material remediation grant or restrictive declaration hazardous material remediation grant may receive a grant of up to $2,500 for cleanup services and activities. If the property subsequently enrolls in the City voluntary cleanup program and is awarded an enrollment grant, then the enrollment grant shall be reduced by the amount of the e-designation hazardous material remediation grant or restrictive declaration hazardous material remediation grant respectively. B. A grantee for an e-designation hazardous material site or a restrictive declaration hazardous material site that has been admitted into the City voluntary cleanup program may be awarded an enrollment grant of up to $25,000. C. A grantee for an e-designation hazardous material site or a restrictive declaration hazardous material site that has been admitted into the City voluntary cleanup program and is a preferred community development project may be awarded an enrollment grant of up to $35,000.

8.Climate change resilience bonus cleanup grants. An applicant for a climate change resilience bonus cleanup grant may receive a grant award of up to $10,000. This grant award shall be in addition to a pre-enrollment and enrollment grants received under this program.

9.Brownfield green job training grants. An applicant for a brownfield green job training grant may receive a grant award of up to $6,000. This grant award shall be in addition to pre-enrollment and enrollment grants received under this program.

10.Green property certification grants. An applicant for a green property certification grant is eligible for a grant of up to $1,000 to cover the cost of one New York city green property certification plaque for each eligible site pursuant to 43 RCNY § 43-1428.

11.City pre-enrollment grants. City pre-enrollment grants are funded to a maximum of $125,000 for pre-enrollment activities and services. The Office may award a grant higher than this amount where it determines that a City-supported affordable or supportive housing development or an industrial project supported by the New York City Economic Development Corporation incurs more than $125,000 in investigation costs to enroll in the State brownfield program or obtain DEC's approval of its remedial action work plan. If such a project is denied entry into the State brownfield program and enrolls instead in the City voluntary program, it will be reimbursed for the cost of conducting a site investigation. Activities and services for a City pre-enrollment grant can be performed by a qualified vendor under contract with the New York city economic development corporation, the New York city department of environmental protection or the Office.

12.City enrollment grants are funded to a maximum of $250,000 for eligible services and activities including any City pre-enrollment grants. If a City-supported affordable housing or industrial project is enrolled in the City voluntary cleanup program, the project is eligible for a cleanup grant of $50,000. Activities and services for a City enrollment grant can be performed by a qualified vendor under contract with the New York city economic development corporation, the department of environmental protection, or the Office. (Amended City Record 12/28/2015, eff. 1/27/2016; amended City Record 5/4/2017, eff. 6/3/2017; amended City Record 4/3/2018, eff. 5/3/2018; amended City Record 3/21/2019, eff. 4/20/2019)

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