The LSPA Regulations Committee is working with NAIOP - the Massachusetts Commercial Real Estate Development Association, to identify examples of brownfield projects that have encountered difficulties getting adequate tax credits, relative to what the state has historically provided. This is part of an effort to assess how the July 2021 regulations and administrative procedures to the brownfields tax credit program are working.
Specifically, we are looking for three types of situations.
- Projects that may have been approved in the past but now are not. These might include dig and haul projects that involved both the excavation of contaminated soil to achieve MCP closure and excavation for the purpose of building a subsurface parking garage; or projects where Historic Fill was the primary contaminant that was addressed simultaneously under the MCP and by doing the construction.
- Projects where MassDOR is questioning the LSP’s site decisions; for example, suggesting that certain actions weren’t needed or that an AUL would have been sufficient for closure.
- Projects where brownfields tax credits are critical for the project’s pro forma, but where MassDOR denies those credits. For example, in the case of community development corporations and other non-profits, that often pull together their financing from multiple sources with almost no cushion should anything in the pro forma not materialize.
Please contact Lisa Campe, LSP, Woodard & Curran, at lcampe@woodardcurran.com, 781-613-0586 (office), or 781-929-4740 (cell) if you have any project experiences you are willing to share.
Posted February 24, 2022
