SPR Achieves Extraordinary Brownfield Cleanup Program Results in 2023

Sive, Paget & Riesel (SPR) is proud to announce the Firm’s extraordinary results in 2023 for clients with sites in the New York State Brownfield Cleanup Program (BCP).

The BCP is a voluntary, incentive-based program in which contaminated properties known as “brownfields” can be remediated for redevelopment and reuse. The successful remediation of a BCP site culminates in the issuance of a Certificate of Completion (COC) by the New York State Department of Environmental Conservation (NYSDEC), which certifies that the site has achieved the cleanup level consistent with its intended future use. The COC further provides certain liability protections for site owners and operators, and also triggers the availability of BCP tax incentives.

In 2023, NYSDEC issued 58 COCs Statewide. SPR provided counsel to 23 (or approximately 40%) of those BCP sites, which are located throughout New York City and in Westchester and Nassau Counties and were remediated to accommodate various future uses, ranging from commercial to unrestricted use. In prior years, SPR helped clients obtain COCs for BCP sites located across the State.

Of this year’s 58 COCs, 25 were issued to sites Statewide being developed as affordable housing projects (23 of which are located in New York City). The Firm provided counsel on 72% of these affordable housing projects (78% of those located in New York City). Nearly 3,000 new affordable housing units will be constructed on the Firm’s 2023 BCP sites, which will help achieve the Governor’s stated goal of increasing housing supply and affordability in New York City and throughout the State.

Highlighting one of the Firm’s major 2023 BCP successes, Willets Point Development Phase I Housing Building 1 and 2 (BCP Site No. C241146) is one of eight BCP sites within the larger Willets Point Queens project and the first of the larger redevelopment project to receive a COC. This BCP site will be redeveloped with 880 new affordable homes and represents the first phase of New York City’s largest 100% affordable housing development in 40 years. In partnership with the Queens Development Group (QDG), a joint venture formed by Related Companies and Sterling Equities, the December 2023 groundbreaking marks the start of construction — more than one year ahead of schedule — for a project that will deliver the first of more than 2,500 affordable homes, roughly 35,000 square feet of new public open space, and significant infrastructure upgrades.

These 2023 BCP achievements illustrate SPR’s unparalleled experience and expertise in advising clients on how to remediate contaminated sites and navigate the BCP. Read more about SPR’s capabilities and attorneys here.