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Eligibility.

43 RCNY § 43-1418
in effect
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§ 43-1418 Eligibility. a. General. 1. Grants are awarded within each fiscal year to grantees. Awards shall be made until brownfield incentive grant funds for a fiscal year are exhausted. 2. Decisions on eligibility for all grants are made by the office and are final. b. Property eligibility. 1. A property shall be located within the city of New York. However, projects that are not supported by the New York city department of housing preservation and development, or the New York city housing development corporation for affordable and /or supportive housing, or are not supported by the New York city economic development corporation for industrial or manufacturing, or are not substantially supported by the City for other projects in Manhattan at or south of 96th Street or projects larger than 100,000 square feet that are not preferred community development projects are ineligible for pre-enrollment and enrollment grants, except for brownfield green job training grants and green property certification grants. Contiguous properties enrolled by the same developer are eligible for only one grant award. 2. A property shall meet the definition of a qualifying brownfield property for the type of grant(s) sought. 3. A property admitted to the brownfield cleanup program administered by the New York state department of environmental conservation is ineligible for a grant except for a City pre-enrollment grant as defined in 43 RCNY § 43-1417(b)(3), a City enrollment grant as defined in 43 RCNY § 43-1417(b)(7), a brownfield green job training grant as defined in 43 RCNY § 43-1417(b)(5), and a green property certification grant, as defined in 43 RCNY § 43-1417(b)(6). c. Applicant eligibility. 1. An applicant is ineligible for a grant if the person is subject to any pending action or proceeding or order identified in 43 RCNY § 43-1403(b) of this chapter relating to the property. 2. An applicant who has received a prior pre-enrollment grant or a technical assistance grant and did not submit information on the outcome of the brownfield project as required by 43 RCNY § 43-1421(b)(5) is not eligible for any additional pre-enrollment brownfield incentive grant until such information is submitted. 3. An applicant who has received a prior pre-enrollment grant or a technical assistance grant for a property that required remedial action and was subsequently developed and that was not enrolled in a New York city or New York state remedial program is not eligible for additional pre-enrollment grants. However, at the discretion of the office, the applicant may still be eligible for an additional enrollment grant. 4. A grantee may receive grants for a maximum of three qualifying brownfield properties for any given City fiscal year. However, contiguous properties remediated by the same developer may not receive more than one grant. For the purpose of this subdivision, all grants issued for a single property are considered one grant that is received in the year of the initial award payment. For example, a grantee that receives the first payment on an invoice submitted for a pre-development grant award for a property in one fiscal year and an environmental investigation grant for the same property the next fiscal year is considered to have received only one grant issued in the first fiscal year. 5. A grantee may not receive a pre-enrollment grant for more than one qualifying brownfield property each fiscal year. However, if a qualifying brownfield property for which a pre-enrollment grant was obtained is subsequently enrolled by the grantee into a New York city or New York state brownfield cleanup program in the same fiscal year, the grantee may receive an additional pre-enrollment grant for a second qualifying brownfield property in the same fiscal year. If a grantee enrolls a second qualifying brownfield property (for which a pre-enrollment grant was obtained) in a New York city or New York state brownfield cleanup program in the same fiscal year, the grantee may receive an additional pre-enrollment grant for a third qualifying property. Pursuant to paragraph 4 of this subdivision, the grantee shall not receive a pre-enrollment grant for more than the three qualifying brownfield properties in such fiscal year. d. Eligibility requirements for specific grants. 1. Pre-enrollment grants. A. Pre-development grants. For a qualifying brownfield property to be eligible for a pre-development grant, the applicant shall provide the office with evidence indicating that the property contains a recognized environmental condition that has not been remediated. Such evidence may include, but is not limited to, records of past use, records derived from fire insurance maps, information from direct observation and testing, or findings from studies performed by the office or by other means acceptable to the office. B. City pre-enrollment grants. To be eligible for a City pre-enrollment grant, a property must be an affordable and/or supportive housing site funded by the New York city department of housing preservation and development or the housing development corporation, an industrial or manufacturing development site supported by the New York city economic development corporation, other projects receiving substantial support from the City, an environmental tax lien site identified by the New York city office of management and budget or be public property in New York city whose investigation and/or remedial planning is managed by the Office. C. Environmental investigation grants. i. Submission of a satisfactory phase one investigation shall be required for a qualifying brownfield property to be eligible for an environmental investigation grant, except as provided in clause iii of this subparagraph. A phase one investigation is a search of records and government databases to determine whether prior land uses or processes were likely to have left behind contamination at a property. Phase one investigations shall be reviewed by the office and/or the grant administration contractor. Upon request of the applicant, the grant administration contractor alone, and not the office, shall review phase one investigations. ii. To be eligible for an environmental investigation grant, a phase one investigation shall indicate that the property contains a recognized environmental condition. iii. In lieu of a phase one investigation, recognized environmental conditions may be identified in studies performed by the office, or by other means acceptable to the office. 2. Enrollment grants. Enrollment in the City voluntary cleanup program is required for a property to be eligible for an enrollment grant except for a City enrollment grant as defined in 43 RCNY § 43-1417(b)(7), a green property certification grant as defined in 43 RCNY § 43-1417(b)(6), and a green job training grant as defined in 43 RCNY § 43-1417(b)(5) which may also allow enrollment in the New York state brownfield cleanup program. A. Cleanup grants. i. To be eligible for a cleanup grant, a qualifying brownfield property shall have an Office-approved remedial action work plan under the City voluntary cleanup program except for properties that are eligible for City enrollment grants which may have a remedial action work plan approved by the New York state department of environmental conservation. ii. Cleanup services and/or activities that are eligible for awards under this grant are listed in schedule B. iii. Cleanup services and/or activities that are eligible for awards under this grant shall be performed in accordance with an Office-approved or a New York state department of environmental conservation-approved remedial action work plan under the State brownfield cleanup program. If any cleanup services are performed in a manner that is not in accordance with an Office-approved or a New York state department of environmental conservation-approved remedial action work plan, all cleanup services and/or activities will be ineligible for any further awards under this grant. iv. To be eligible for a climate change resilience bonus cleanup grant, a qualifying brownfield property must be located in a designated coastal flood zone and be enrolled in the City voluntary cleanup program. v. To be eligible for a brownfield green job training grant, an applicant must employ a participant in a City, state, or federally supported non-profit work force development program for work participating in construction activities at a remedial action site regulated by the Office or the New York state department of environmental conservation or an environmental project recognized by the Office. Reimbursement is subject to the award limit set forth in 43 RCNY § 43-1422(c)(9)). vi. To be eligible for a green property certification grant, a party must have received a notice of completion from the Office or a certificate of completion from the New York state department of environmental conservation in accordance with 6 NYCRR § 375-3.9. B. Brownfield opportunity area strategic property bonus cleanup grants. To be eligible for a brownfield opportunity area strategic property bonus cleanup grant, a qualifying brownfield property shall be eligible for a cleanup grant and shall be designated a strategic brownfield property by the BOA grantee in the New York state brownfield opportunity area program or a place-based community brownfield planning area identified by the Office. C. Track-one bonus cleanup grants. To be eligible for a track-one bonus cleanup grant, a qualifying brownfield property shall be eligible for a cleanup grant and satisfy the requirements for an unrestricted use cleanup for soil pursuant to Table 375-6.8 of 6 NYCRR § 375-6.8. D. Climate change resilience bonus cleanup grants. To be eligible for a climate change resilience bonus cleanup grant, a qualifying brownfield property shall be located in a designated coastal flood zone and enrolled in the City voluntary cleanup program. E. Brownfield green job training grants. To be eligible for a brownfield green job training grant, an applicant must employ participant(s) in a City, state, or federally supported nonprofit work force development program for work participating in construction activities at a remedial action site regulated by the Office or the New York state department of environmental conservation or an environmental project recognized by the Office. F. E-designation hazardous material sites and restrictive declaration hazardous material sites are eligible for enrollment grants if the applicant enrolls in the city voluntary cleanup program, except E-designation sites and restrictive declaration sites that are enrolled in the New York state brownfield cleanup program are eligible for a City enrollment grant. G. To be eligible for a City enrollment grant, a qualifying brownfield property shall have an Office-approved remedial action work plan and be enrolled in the City voluntary cleanup program or have a New York state department of environmental conservation-approved remedial action work plan and be enrolled in the state brownfield cleanup program. 3. Other Grants. A. Technical Assistance Grants. i. To be eligible for a technical assistance grant for a qualifying brownfield property that is a preferred community development project where a developer is a not-for-profit corporation, the applicant shall provide the Office with evidence that such developer is a not-for-profit corporation or qualifies for a real property tax exemption afforded by real property tax law § 420-c and evidence required by paragraph four of this subdivision. ii. Community based organizations that seek to apply for a brownfield opportunity grant are eligible for a technical assistance grant for the purpose of development of the brownfield opportunity area grant application. Community brownfield planning organizations that conduct place-based community brownfield planning in a geographic area with vacant or underutilized land identified by the Office are eligible for a place-based community brownfield technical assistance grant. B. Brownfield opportunity area local match grants. For the recipient of a brownfield opportunity area grant to be eligible for a brownfield opportunity area local match grant, the applicant shall be a community based organization, have entered into a brownfield opportunity area contract with and have a work plan approved by the New York state department of state, and have submitted an invoice to the grant administration contractor for activities pursuant to such work plan. For a place-based community brownfield planning area to be eligible for a brownfield opportunity area local match grant, the applicant shall be a community based organization, have a place-based community planning area identified by the Office, and have an agreement with the Office. C. E-designation hazardous material remediation grants and restrictive declaration hazardous material remediation grants. To be eligible for an e-designation hazardous material remediation grant or a restrictive declaration hazardous material remediation grant respectively, a qualifying brownfield property shall have been remediated pursuant to an Office-approved remedial action plan for an e-designation hazardous material site or a restrictive declaration hazardous material site and have received a notice of satisfaction from the Office. 4. Preferred community development projects. A. For a qualifying brownfield property to be eligible for a grant as a preferred community development project based on a proposed development of an affordable housing development, the applicant shall provide the office: i. evidence that at least twenty percent of the housing units are affordable to families that earn no more than eighty percent of the average median income of the area; ii. a proposal for redevelopment of the property; and iii. a letter of interest from a federal, state or local housing subsidy program. B. Projects consistent with strategic brownfield goals. i. For a qualifying brownfield property to be eligible for a grant as a preferred community development project based on a proposed development that is consistent with the strategic brownfield goals established in a brownfield opportunity area plan, the applicant shall provide the Office with a signed letter of support for the proposed development from the recipient of a brownfield opportunity area grant that has an executed brownfield opportunity area contract with the New York state department of state pursuant to § 970-r of the general municipal law. The letter shall state that the brownfield property is located within the identified brownfield opportunity area and that its proposed redevelopment is consistent with plans established for the brownfield opportunity area by such recipient of a brownfield opportunity area grant. ii. For a qualifying brownfield property to be eligible for a grant as a preferred community development project based on a proposed development that is consistent with the strategic brownfield goals established by a place-based community brownfield planning organization, the applicant shall provide the Office with a signed letter of support for the proposed development from the place-based community brownfield planning organization that is a recipient of a brownfield opportunity area local match grant or a technical assistance grant. The letter shall state that the brownfield property is located within the area identified by the Office or identified by the BOA recipient, and that the proposed redevelopment is consistent with plans for the place-based community brownfield planning area by the recipient of the brownfield opportunity area local match grant or the technical assistance grant. C. For a qualifying brownfield property to be eligible for a grant as a preferred community development project based on a proposed development that is a community facility development, the applicant shall provide the office: i. a proposal for redevelopment of the property; and ii. evidence of the specific benefits the facility provides the community. (Amended City Record 12/28/2015, eff. 1/27/2016)
Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-82439Fetched: 10/24/2026

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