New York State Brownfields Programs

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Nearly every community in New York State is affected by brownfield sites. New York State has a variety of programs to clean up and redevelop brownfields with the goal of revitalizing communities.

This Department is participating in an interagency working group with other state agencies in order to develop a coordinated approach for brownfield programs. Brownfields are abandoned, idled, or under-used properties where expansion or redevelopment is complicated by real or perceived environmental contamination. They typically are former industrial or commercial properties where operations may have resulted in environmental contamination. Brownfields often pose not only environmental, but legal and financial burdens on communities. Left vacant, contaminated sites can diminish property value of surrounding sites and potentially threaten the economic viability of adjoining properties.

This interagency work group was created to serve as a forum for New York State to exchange information on brownfield related activities and to develop a coordinated State agenda for addressing brownfield redevelopment efforts.

Qualifications for a Tax Credit for Environmental Remediation Insurance

Section 3447 to the Insurance Law was added by Chapter 1 of the Laws of 2003 and amended by Chapter 577 of the Laws of 2004. Section 3447 provides that the Superintendent is authorized to promulgate regulations relating to the certification of policies of insurance which qualify for the environmental remediation insurance tax credit provided for under Section 23 of the Tax Law. The environmental remediation insurance credit for premiums paid for environmental remediation insurance up to the lesser of $30,000 or 50% of the cost of the premiums. The insurance tax credit applies to taxable years beginning on or after April 1, 2005. Regulation 181 (11 NYCRR 75) Standards for Insurance that Qualifies for the Environmental Remediation Insurance Tax Credit which is effective January 10, 2007, provides guidance for insurers on the minimum standards for an environmental remediation insurance policy form which will enable an insurer to certify to the Department of Taxation and Finance that the policy qualifies for the environmental remediation insurance tax credit provided for under Section 23 of the Tax Law. The regulation includes the Brownfield Tax Credit Certification form for insurers to complete and provide to the developer/insured upon request for use in submitting the information to the Department of Taxation and Finance in order to qualify for the tax credit for the insurance coverages provided pursuant to section 3447 of the Insurance Law. Where a policy is issued on an excess line basis, the insurer shall cause the delivery of the completed form to the insured with a copy to the excess line broker.

Section 3447 of the Insurance Law and Regulation 181 are available in PDF format to download. Please note that you will need Adobe Acrobat Reader to view or print PDF files.

• Section 3447 of the Insurance Law – Qualifications for Tax Credit for Environmental Remediation Insurance (PDF format)
• Regulation 181 (11 NYCRR 75) Standards for Insurance that Qualifies for the Environmental Remediation Insurance Tax Credit (PDF format)

Other Tax Credits for Brownfields Programs

Please refer to the fact sheet located at the following link for a complete list of credits available for Brownfields Programs:

http://www.nylovesbiz.com/pdf/environmental_zones/TFtaxsheet011604.pdf (PDF format)

Brownfield Interagency Directory

The Interagency Work Group on Brownfields has developed a directory. Each fact sheet in the directory provides an overview of that particular entity’s mission, programs, roles, in the brownfield cleanup and redevelopment and appropriate contacts for additional information. Page 13 of the directory, the New York State Department of Taxation and Finance fact sheet provides information on programs/tax credits applicable to Brownfields. This publication is available in PDF format to download. Please note that you will need the Adobe Acrobat Reader to view or print PDF files.

The New York State Interagency Work Group on Brownfields Brownfield Interagency Directory (PDF format)

For information on the Brownfield regulations being developed by the Department of Financial Services, please contact:

For information on environmental insurance availability, please contact:

For detailed information on all other aspects of the Brownfields Programs with New York State and outside the state, please refer to the following agencies:

• Department of Environmental Conservation
• US Environmental Protection Agency

Interagency Working Group Members:

Updated 12/14/2011