The BrownfieldsThe Brownfields Redevelopment Process

• Background & History• Development Processp• Due Diligence• Collaboration & Clean up

Ignacio Dayrit ▪ Center for Creative Land Recycling (CCLR) ▪ www.cclr.org

The BrownfieldsThe Brownfields Redevelopment Process

CCLR Program AreasCCLR Program Areas• Technical Assistance to

Community Developers• Training for Redevelopment

SpecialistsCommunity Developers• Policy & Legislative

Research

Specialists• www.cclr.org

• Resource Center• Media Gallery

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Definition & OverviewDefinition & Overview

• EPA definition - “real property, the expansion, redevelopment, or reuse of which may be

li t d b th t ti lcomplicated by the presence or potential presence of “toxic substances””– Estimated 1,200,000 sites nationwide, ,– Examples: most vacant or underutilized industrial or

commercial property such as gas stations, landfills, transferred military sites, manufacturing, office, etc.

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How the problem evolved?• Love Canal• Unintended Effect of

Environmental LawsEnvironmental Laws• Joint and Several Liability• Enforcement Policies Targeting g g

Lenders• Lender Liability Laws

I f th S i f• Ignorance of the Science of Contamination

• Local area-wide concernsoca a ea de co ce s

Brownfields Stigma♦ Cost uncertainty -- What will I have to pay? …and when?

♦ Legal uncertainty – Will I be responsible for contamination I did not g ycause? Do I really want to buy this property? What does AAI mean?

♦ Regulatory uncertainty -- What will they want, and when will they want it?want it?

♦ Financing uncertainty -- Will anybody finance my project?

♦ Time uncertainty How long before I can really build?♦ Time uncertainty -- How long before I can really build?

♦ Community uncertainty – Will the City like my proposal? Will there be NIMBY, density and other Infill issues?

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Cost UncertaintyCost Uncertainty

Ph I• Phase I– AAI, Records search, interviews, inspections– $5,000-$10,000

• Phase II– Sample collection & analysis – soil, groundwater,

vapor– Compare samples with “remediation goals”– $20,000 - $000,000’s depending on size/complexity

• Other Studies– Feasibility Study, Risk Assessment, Sampling Plans,

Cleanup Plans, Workplans, etc• Cleanup

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p– $10 / sf > + + + + + +

Regulatory UncertaintyRegulatory Uncertainty

U S EPA• U.S. EPA• Hawaii Department of Health• County Health

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Periods of Collaboration & Cooperation• 1st Generation:1980’s to early1990’s

– States enact Superfund-like cleanup laws– Command & Control from Regulatory Agencies– Command & Control from Regulatory Agencies– Horror stories create often unfounded fears related

to contaminationd• 2nd Generation: Mid-1990’s to 2000’s

– Realization of unintended consequence of strict liability & heavy handed regulationy y g

– States enact Voluntary Cleanup Programs– Client-based, regulators hands-off

P i t S t l d d l t– Private Sector-led redevelopment

Evolution cont’d…

• 3rd Generation: 2005>>– Collaboration WITH State Agencies & Local g

Government– Community-led redevelopment– 3-E’s: Economy, Environment, Equity3 E s: Economy, Environment, Equity – Solving multiple community goals– Leveraging Resources

Connection with climate change: HUD/DOT/EPA– Connection with climate change: HUD/DOT/EPA Sustainable Communities Partnership

Components of a Brownfields Program

♦ Community: obtain City leadership, convene stakeholders, address concerns, incorporate plans

♦ Technical: collect and analyze good information

♦ Regulatory: coordination, screening criteria, i t l l d i iti t t iassistance, legal and acquisition strategies

♦ Financial: site assessment and remediation assistance loans and grantsassistance – loans and grants

Seed funding and assistance to local government and communities are available through various programs.

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Rule-of-Thumb Steps in a Brownfields Redevelopment Project

• Determine Nature & Extent Contamination

• Partnership among Community, City, Regulators & DeveloperRegulators & Developer

• Incorporate land use in cleanup designI t th d l t• Incorporate other development strategies

Remediation ConsiderationsRemediation ConsiderationsBeforeBefore• Due Diligence (AAI Phase I, Phase II, etc.)• Stakeholders & roles• Public access access to affected soil and waterPublic access, access to affected soil and water,

activities• Planning - design, acquisition, finance, etc.• Myths & strategies for soil, vapor and watery g , p• Liability & assurance• Various ownerships, site control• CostsDuring• Remediation impacts: Dust, noise, run-off, etc.After• Recording, maintenance & enforcement

Remediation StrategiesRemediation Strategies

• For Soil, Groundwater & Vapor• Remove and disposeRemove and dispose• Limit exposure

U t l• Use controls• Engineering & institutional• In-Situ & Ex-Situ Treatment

– Chemical, Physical or Biologic treatmentC e ca , ys ca o o og c ea e

Application Submittal

I iti l St dN Si ifi t I t P t ti l Scoping

Workshops

Initial Study

Exempt Projects

No Significant Impact

Draft

Potential Impact

Scoping Meeting

D ft jDraft Document

Public Review

Draft Document

Public Review

Environmental/ Pl i

(days/weeks) Public Review (days/weeks)

Public Comment M ti

Project Community Meetings

/ Planning Process

MeetingPublic Notice

Decision by Board or D i i b C ilDecision by Board or Commission

Public Hearing

Decision by Council

Public Hearing by Recommending Body

Appeal to Council

g y

Public Hearing before Council

Application Submittal

Environmental Process

Administrative Review

Project C it

Approved or Conditional

Use

Public Noticing

Community Meetings

Zoning g

Zoning Officer

Zoning Process(varies by City)

Appeal to City Council/ Planning Board

Public Hearing &

(varies by City)

Council/Zoning/GPAAmendment

Public Hearing &Recommendations

Application Submittal

Administrative Review

Dev’t Agrmnt /

NEPA & Zoning Process hearings and

public meetingsNegotiations between

Developer, agency and/or CouncilAgrmnt /

Owner P ti i ti

Public NoticingParticipation

ProcessNoticing

(varies by City) Redevelopment Authority Public

Hearing &Recommendations f A l d

City Council Public Hearing &

Recommendations for Approval and for Approval and

Fundingfor Approval and

Funding

Cleanup

Phase IZoning

Environmental

Continuing

Risk Analysis

pAlternatives

Phase II

M

Development Agreement

Continuing Obligations

B fi ld

Safeenough?

More Sampling &

Studies Meetings

Brownfields ProcessOK

(varies by City)

Other Funding & Project Approval Considerations

• Regional authority• TransportationTransportation• Housing

P k• Parks• Flood plain• Air Board• Special districts etcSpecial districts, etc.

Federal & State FundingFederal & State Funding

S i bl C i i P hi • Hawaii Brownfields • Sustainable Communities Partnership:– Environmental Protection Agency (EPA)– Housing & Urban Development (HUD)

• Hawaii Brownfields Program• State 128 fundsg p ( )

– Transportation• Economic Development Admin. (EDA)

State 128 funds• Hawaii Brownfields

Cleanup Revolving • Energy• Agriculture (USDA)• Other Federal Funds

gLoan Fund (HBCRLF)

• Other Federal Funds

Many require demonstration of public supportMany require demonstration of public support

Lessons LearnedLessons Learned

• Brownfields projects are real estate projects with a haz mat twistp j

• If possible, have a reuse plan• Don't overreact to contamination• Don t overreact to contamination• Speak to regulators early• Expect & encourage collaboration

Ignacio Dayrit ▪ Center for Creative Land Recycling (CCLR) ▪ www.cclr.org