§ 27-1407. Request for participation.\n 1. A person who seeks to participate in this program shall submit a\nrequest to the department on a form provided by the department. Such\nform shall include information to be determined by the department\nsufficient to allow the department to determine eligibility and the\ncurrent, intended and reasonably anticipated future land use of the site\npursuant to section 27-1415 of this title. Any such person shall submit\nan investigation report sufficient to demonstrate that the site requires\nremediation in order to meet the remedial requirements of this title.\n 1-a. If the person is also seeking a determination that the site is\neligible for the tangible property credit component of the brownfield\nredevelopment tax credit pursuant to paragraph three of subdivision (a)\nof section twenty-one of the tax law for a site located in a city having\na population of one million or more, such person shall submit\ninformation sufficient to demonstrate that: (a) at least half of the\nsite area is located in an environmental zone as defined in section\ntwenty-one of the tax law; (b) the property is upside down or\nunderutilized; (c) the project is an affordable housing project; (d) the\nproject is within a disadvantaged community, within a designated\nbrownfield opportunity area, and meets the conformance determinations\npursuant to subdivision ten of section nine hundred seventy-r of the\ngeneral municipal law; or (e) the project is being developed as a\nrenewable energy facility site. An applicant may request an eligibility\ndetermination for tangible property credits at any time from application\nuntil the site receives a certificate of completion pursuant to section\n27-1419 of this title except for sites seeking eligibility under the\nunderutilized category.\n Sites are not eligible for tangible property tax credits if: (a) the\ncontamination from ground water or soil vapor is solely emanating from\nproperty other than the site subject to the present application; or (b)\nthe department has determined that the property has previously been\nremediated pursuant to titles nine, thirteen and fourteen of this\narticle, title five of article fifty-six of this chapter and article\ntwelve of the navigation law such that it may be developed for its then\nintended use.\n 2. If the person chooses, such person may also submit a work plan for\na site investigation or a final report describing the results of an\ninvestigation that meets the requirements of this article.\n 3. The department shall notify the person requesting participation in\nthis program within thirty days after receiving such request that such\nrequest is either complete or incomplete. In the event the application\nis determined to be incomplete the department shall specify in writing\nthe missing necessary information required pursuant to this article to\ncomplete the application and shall have ten days after receipt of the\nmissing information to issue a written determination if the application\nis complete.\n 4. Upon the receipt of an application, the department shall notify the\nadministrator of the New York environmental protection and spill\ncompensation fund to determine whether such person has been identified\nas responsible for cleanup and removal costs for the discharge of\npetroleum at or emanating from the brownfield site for which the person\nis seeking participation and whether there is an outstanding claim\nagainst such person pursuant to article twelve of the navigation law.\nThe administrator shall notify the department and the person within\nthirty days of such notice of any outstanding claim by the fund against\nsuch person at the brownfield site for which the person is seeking\nparticipation.\n 5. Upon the determination that the application is complete, the\ndepartment shall commence a thirty day comment period and place a\nnotification of receipt of request to participate in this program in the\nenvironmental noti
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