Montpelier — The Natural Resources & Energy Committee reviewed draft statutory language May 16 that would let the Agency of Natural Resources (ANR) approve short-term management of so‑called "development soils" generated during construction and give housing projects priority in the state's Brownfields Property Cleanup program.

At the hearing, ANR staff explained the proposed change would let ANR use its "insignificant waste event" approval to authorize limited-time collection, treatment or processing of development soils that exceed residential or commercial soil screening values but are not hazardous-material releases requiring full corrective action. "The first section relates to how to manage development soils," ANR staff said, describing arsenic and polycyclic aromatic hydrocarbons (PAHs) as common substances that can accumulate in urban soils from air deposition and other sources.

The proposal, described as section 19 of draft bill 479 (and related to S.127), would allow ANR to permit temporary management of development soils if specific criteria are met. ANR staff said qualifying conditions would include that soils come from a site covered by a corrective action plan or soil management plan when related to a hazardous-material site; that soils be tested to ensure they do not exceed groundwater enforcement standards; that permitted locations be appropriate for the material; and that sites be capped with clean soil and recorded in land records so future purchasers are informed.

Committee members asked how naturally occurring arsenic and other contaminants accumulate and whether common reuse streams — for example, roadside fill or compost — require testing. ANR staff replied that testing is available under the investigation and remediation rule and emphasized that property purchasers frequently test soils to avoid potential cleanup liability. "If it's contaminated by a hazardous material, then the owner of that property is subject to liability for the cleanup of it," ANR staff said.

The committee also discussed changes in section 21 that would prioritize review, remediation and funding for brownfield sites where the planned redevelopment includes single‑family or multi‑family housing. ANR staff said the Brownfields Property Cleanup program aims to reduce liability and add incentives so previously unused or untaxed contaminated sites can be returned to productive use.

Members reviewed proposed stakeholder surveys and an analysis of a licensed site professional program intended to accelerate redevelopment. ANR staff described the licensed site professional concept as creating specialists who would coordinate remediation, developers and construction contractors to speed projects through regulatory steps.

On funding, ANR staff said new draft language would authorize disbursement of $2,000,000 from the state's Environmental Contingency Fund (ECF) to support brownfields planning and related activities. The staff explanation clarified the change would allow the state to use ECF funds for planning at brownfield sites in addition to existing DEC appropriations, providing more flexibility for remediation planning.

No formal motions or votes were taken during the hearing. Committee members expressed general support for speeding redevelopment while pressing for safeguards such as testing, appropriate siting, and record notices on properties where soils are managed. ANR staff noted that approvals under the insignificant waste event process would be limited in duration and subject to criteria intended to protect groundwater and inform future property owners.

The committee concluded the informational hearing after questions and indicated it might reconvene for further review of the bill language and stakeholder feedback.