§ 43-1430 Eligibility.
RCNY § 43-1430
a. To be eligible for New York City green property certification, a property must be located in the City of New York and (1) be admitted to the City voluntary cleanup program or the New York State brownfield cleanup program or (2) be an equivalent remediation property.
1.A property admitted to the City voluntary cleanup program or the New York State brownfield cleanup program will be eligible if the Enrollee has completed the requirements of the City voluntary cleanup agreement or the state brownfield cleanup agreement and received a notice of completion or certificate of completion from such program.
2.A property will be eligible as an equivalent remediation property if the Office determines that: A. the property has been the subject of a governmental remediation program, including the New York State voluntary cleanup program, the New York State petroleum spills remediation program, the New York City e-designation or restrictive declaration hazardous materials program, or an equivalent remedial program; B. the Enrollee has successfully completed the requirements of such governmental remediation program and received a notice of completion or equivalent notification of completion from the appropriate City or state office or agency; C. for a property where residual contamination will remain after the completion of the remediation, the remedial action required pursuant to such governmental remediation program includes establishment of institutional and engineering controls for the property that are equivalent to those required pursuant to the City voluntary cleanup program, as provided in Subchapter 1 of this chapter, including the maintenance of a site management plan to ensure compliance with institutional and engineering controls; D. the property is in compliance with such requirements for institutional and engineering controls; and E. the remedial action required pursuant to such governmental remediation program includes the investigation and remediation of the entire property for which a New York City green property certification is sought and addresses all media deemed appropriate by the Office, such as soil, soil vapor and groundwater, to an equivalent extent as required pursuant to the City voluntary cleanup program, as provided in Subchapter 1 of this chapter.
3.The Office may determine that one or more sub-parcels of a property are eligible as an equivalent remediation property and that one or more other sub-parcels are not eligible as an equivalent remediation property. b. Properties that have fulfilled the eligibility requirements for New York City green property certification pursuant to this section prior to the effective date of this section will be eligible for such certification. (Amended City Record 4/3/2018, eff. 5/3/2018)
