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- Bucks County Steering Committee
- April 29, 2004
- Charles Bartsch
- www.nemw.org/brownfields.htm
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- Prior to passage of the Brownfield Revitalization Act, EPA considered
brownfields to be abandoned, idled, or underused facilities where
expansion or redevelopment was complicated by real or perceived contamination.
- The new law modified that working definition of a brownfield site to “real
property, the expansion, redevelopment, or reuse of which may be
complicated by the presence or potential presence of a hazardous
substance pollutant or contaminant.”
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- Contamination
- Unknown contamination
- Known contamination with unknown cleanup cost and time
- Lack of process certainty and finality
- How clean is clean?
- When is cleanup complete?
- Who can answer these questions and how?
- “Liabilities” and related concerns
- Evolving in practice, from pure legal liability to lender/new owner
concerns over:
- Reduced value of collateral
- Borrower inability to pay both cleanup costs and loan amounts
simultaneously
- Lender having to assume cleanup costs in the event of foreclosure OR
forfeit collateral in the face of cleanup
- Added costs linked to environmental cleanup
- Lack of redevelopment financing
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- What Impact Does Contamination Have on Financing?
- Conceptualizing and Planning the Project
- Economic Analysis for Marketing the Project
- Dealing with Stigma
- $ for Site Assessment
- Additional Underwriting/Site Development/R.O.R. Costs
- $ for Preparing a Cleanup Plan and Taking It Through
- VCP/State/Local Regulatory
Agencies
- $ for Cleanup
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- Program Description
- Land Recycling Program (1995) — offers clients release from liability
for approved cleanups and PRPs may participate. the program identifies risk-based
standards for clean, simplifies the approval process, and limits future
liability when standards are attained.
In addition, it provides financial assistance for assessment and
cleanup
- Financing Programs Targeted to Brownfield Situations
- Industrial Sites Reuse Program — provides loans and grants to
municipalities and private entities for site assessment and remediation;
maximum of $200,000 for site assessment, or $1 million for remediation
per year;
- Infrastructure Development Program — provides public and private
developers with grants and loans for site remediation, clearance, and
new construction, up to $1.25 million per project at 3% interest for 15
years.
- Brownfield Inventory Grant (BIG) program — grants up to $50,000 to
cities and development authorities to carry out brownfield inventories.
- Incentives to Attract Private Investment to Brownfields
- Key Sites Initiative — state-funded contractors can conduct site
assessments and prepare work plans to promote reuse of abandoned
industrial properties;
- Keystone Opportunity Zones — in newly designated KOZs, all taxes maybe
forgiven for up to 12 years.
- Job Creation Tax Credit Program — a tax credit of $1000 per new job was
created for firms who increase employment by 25 jobs or 20% within three
years from start date (with program).
- Economic Benefits/Number of Sites: Over 1,200 sites have entered the
program and 1,000 have been completed and approved; over 25,000 jobs
created
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- Loans
- EDA’s Title IX (capital for local revolving loan funds)
- HUD funds for locally determined CDBG loans and “floats”
- EPA capitalized brownfield revolving loan funds
- SBA’s microloans
- SBA’s Section 504 development company debentures
- EPA capitalized clean water revolving loan funds (priorities set/
programs run by each state)
- HUD’s Section 108 loan guarantees
- SBA’s Section 7(a) and Low-Doc programs
- Grants
- HUD’s Brownfield Economic Development Initiative (BEDI)
- HUD’s Community Development Block Grants (for projects locally
determined)
- EPA assessment pilot grants
- EDA Title I (public works) and Title IX (economic adjustment)
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- COMMUNITY DEVELOPMENT BLOCK GRANTS
- Activities locally determined; can include coping with contamination as
part of financing for site preparation or infrastructure development;
can be lent to private companies under some circumstances
- Examples: Somerville, MA/Visiting Nurses Assisted Living
- Bangor, ME/Shaw’s Supermarket
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- This former mattress factory had been vacant for more than two years. To
spur redevelopment, the City of Somerville used funds from its EPA
Brownfields Assessment Demonstration Pilot to complete a site
assessment. Contaminants found to be present included barium, lead and
petroleum waste.
- The project's redeveloper, the Visiting Nurses Association, remediated
the site and demolished the existing structures to construct an
assisted-living facility and health center, containing 97 units for
low-to-moderate income seniors.
- $100,000 in CDBG was used as a cost-containment reserve.
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- ECONOMIC DEVELOPMENT ADMINISTRATION (EDA)
- Two major programs – (1) public works grants finance industrial
development site and infrastructure preparation, and (2) economic
dislocation program capitalizes RLFs for distressed areas.
- Example: Riverside, CA/University Village
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- Deteriorating mixed-use, economically distressed 30 acre site adjoining
UC-Riverside
- $950,000 in EDA funding for infrastructure improvements, part of
multi-agency funding package that included HUD and DOT monies
- The result – a 410,000 square-foot retail and entertainment center,
which includes conference space for university use
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- ARMY CORPS OF ENGINEERS
- Can provide planning and technical support if you can make the
brownfields/waterfront connection
- Examples: Traverse City, MI/River’s Edge
- Bend, OR/River Bend
Development
- Chicago, IL/Chinatown River
Front
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- Financing: Financial incentives included direct and indirect financing
and tax credits, such as: (a) State Coastal Management funds used to
assess the environmental contamination and future uses of the property,
(b) a state site reclamation grant, (c) a downtown development authority
(DDA) public infrastructure TIF, and (iv) the single business tax credit
associated with the brownfields redevelopment authority.
- Benefits: River's Edge redevelopment involved over $50 million in
private investment. The site is built on more than 300,000 sq ft, with a
value of nearly $100 million. Mixed-uses include a street-level retail
shops, second floor office space and high rise residential units. Much of the parking is hidden below
the buildings, giving the surface back to the people to stroll, shop,
live, work and play.
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- LOW-INCOME HOUSING TAX CREDITS AND HOME FUNDS
- Can encourage capital investment in affordable housing projects on
brownfield sites, or provide home buyer assistance
- Examples: Waukesha, WI/Phoenix Heights
- Cincinnati, OH/Mills of Carthage
- Portland, OR/Macadam District
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- 69 energy-efficient homes completed, many for moderate income families
- $13.5 million project, including $3.13 million in public funds, for
- * $1.87 million in state funds for cleanup
- * $415,000 in CDBG for construction
- * $575,000 in state and HOME funds for buyer assistance
- $405,000 in annual property taxes generated
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- TRANSPORTATION PROGRAMS (DOT)
- DOT highway and transit construction programs can support brownfields by
(1) helping upgrade existing facilities; (2) offer transportation
amenities that improve access to – and marketability of – sites; (3)
fund facilities and structures that serve as part of the remedial
solution
- Examples: Old Town, ME/Marsh Island Carry
- Central Falls,
RI/Spintex Mill
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- The redevelopment of this underutilized contaminated site into a
revitalized waterfront park and commercial property was made possible by
several additional grants from federal and state agencies.
- Funding included a $400,000 Enhancement Grant from ME DOT for the park
and walkways; a $400,000 Community Development Block Grant for
infrastructure around the commercial buildings, a $24,500 from the
National Trails Recreation Act for trails, walkways, and river
stabilization, and $8,000 from ME Forest Service for tree planting.
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- The Spintex Mill burned down in 1995, and the city of Central Falls
foreclosed on the property due to back taxes in 1996. The results from
the TBAs showed that there was no contamination found on the site and no
clean up was needed.
- The city redeveloped the site into the River Island Community Park and
Blackstone River Island Nature Trail, dedicated in October 2002.
- Funding sources included RI Department of Transportation's Trails Grant
Program for $46,348, Community Development Block Grant (CDBG) funds for
a total of $550,000 (from fiscal 1998 to 2002), RI Department of
Environmental Management Open Space Bond for $225,000, and a Rhode
Island Recreation Area Grant from the state's Greenways Council for
$25,000.
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- Institutional controls
- Innovative remedial technologies
- “Mr. Wizard” meets economic development
- Cost saving technical assistance and project support
- Environmental insurance
- Remediation insurance
- Stop-loss coverage
- Pollution legal liability insurance
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