N.Y. ENV Law § 27-1437

§ 27-1437. BCP-EZ program.\n 1. The department may promulgate regulations to implement a program\nproviding for the expedited investigation and/or remediation of\ncontamination at brownfield sites (BCP-EZ program), provided that:\n (a) at the time of the application, the department has determined that\nthe brownfield site does not pose a significant threat pursuant to\nsection 27-1411 of this title;\n (b) the applicant has waived in writing any claim for tax credits\npursuant to section twenty-one of the tax law on a form prescribed by\nthe department; and\n (c) the activity is conducted in a manner which satisfies all\nrequirements applicable to like activity conducted pursuant to sections\n27-1415 and 27-1417 of this title, except as provided in subdivision two\nof this section and the time periods specified in paragraphs (b) and (c)\nof subdivision three of section 27-1417 of this title.\n 2. For any site accepted into the BCP-EZ program pursuant to this\nsection with a remedial work plan identifying a Track 4 remediation, if\na contaminant is identified in soil in excess of the remedial action\nobjectives contained in an applicable generic table developed pursuant\nto subdivision six of section 27-1415 of this title, the applicant may\nuse site-specific data to demonstrate to the department that the\nconcentration of the contaminant in the soils reflects background\nconditions and, in that case, a contaminant-specific action objective\nfor such contaminant equal to such background concentration may be\nestablished provided that such objective is protective of the public\nhealth and the environment and is determined in a manner acceptable to\nthe department.\n 3. Upon the department's acceptance of the certification by the\napplicant that the remediation requirements of this title, pursuant to\nsection 27-1419 of this title, have been achieved for the brownfield\nsite and an environmental easement, if necessary, has been created and\nfiled pursuant to title thirty-six of article seventy-one of this\nchapter, a site in the BCP-EZ program shall be eligible to receive a\ncertificate of completion in accordance with section 27-1419 of this\ntitle; provided, however, that such certificate of completion shall not\nentitle the holder to any tax credits provided by section twenty-one of\nthe tax law.\n