Regulation Amendments Take Effect August 12, 2016

The New York State Department of Environmental Conservation (DEC) has adopted amendments to the Brownfield Cleanup Program, Commissioner Basil Seggos announced today. The amendments, which take effect August 12, 2016, define the terms "affordable housing project" and "underutilized" as part of the eligibility requirements for tangible property tax credits for brownfields in New York City. The revised regulations also amend the existing definition of a "brownfield site" to comply with the changes enacted to the Brownfield Cleanup Program law in 2015.

"The Brownfield Cleanup Program is an important tool to advance the restoration of blighted areas in communities across the state, and these revisions will encourage redevelopment on many underutilized properties," Commissioner Seggos said. "The amendments, which were driven by recommendations of municipalities and other experts, will ensure a more equitable distribution of these vital property tax credits by incentivizing strategic investments in communities across the state."

To implement key provisions of the 2015 reforms to the Brownfield Cleanup Program, and ensure incentives are targeted to areas most in need, the regulation amendments provide clarification to the eligibility requirements of affordable housing projects and underutilized properties in New York City. In addition, the amended definition of "brownfield site" ensures the implementation of an environmental standards-based approach to Brownfield site eligibility determinations required by law that will ensure tangible property tax credits are prioritized on areas with contamination.

"We commend the new regulations as very much in keeping with the spirit and intent of the 2015 BCP amendments. They will help assure State support for brownfield redevelopment projects that would not happen without assistance, projects that will help revitalize communities debilitated by historic contamination," said Val Washington, president of the board of New Partners for Community Revitalization.

These enhancements to the Brownfields Cleanup Program are the result of several rounds of public comments and hearings, most recently ending on April 8, 2016. The final rule making documents, including the Assessment of Public Comment, are available on DEC's website.

On July 13, 2016, DEC filed a Notice of Adoption with the New York State Department of State to amend Part 375 which defines the terms "affordable housing project" and "underutilized." These definitions are part of the eligibility requirements for tangible property tax credits for brownfields in New York City. It also amends the "brownfield site" definition in accordance with 2015 statutory changes. The amendments to Part 375 are effective August 12, 2016.

The final rule making documents, including the Assessment of Public Comment, are available on DEC’s website at http://www.dec.ny.gov/regulations/101908.html

ecoRI News (RI)

Leaders from a broad coalition of Rhode Island environmental, tourism, recreation and bicycle organizations have voiced support for the $35 million Green Economy Bond referendum included in the budget recently recommended for passage by House Finance Committee.

The committee noted the economic and community benefits the bond would provide for the state with investments in programs ranging from land conservation, outdoor recreation and bike paths to water pollution prevention and brownfield cleanups. If approved by the General Assembly, the Green Economy Bond will be put before voters in the November election.
...
The Green Economy Bond would fund seven initiatives: historic state park development, $4 million; state land acquisition, $4 million; state bikeway development, $10 million; brownfield remediation and economic development, $5 million; stormwater pollution prevention, $3 million; local recreation grants, $5 million; and local open space grants, $4 million.
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For the entire article, see
http://www.ecori.org/government/2016/6/8/ris-green-economy-bond-draws-wide-support

BY GERALD NEILY, Baltimore Brew (MD)

The adverse impact of the Port Covington plan on poor and disenfranchised neighborhoods – the “Other Baltimore” so starkly highlighted during last year’s civil unrest – is not just conjecture or a conflict of values.

The absence of development in one of them, Westport, is proof.

Kevin Plank, the CEO of Under Armour, owns the Westport waterfront as a private investment, and he’s already doing to Westport what his Port Covington plan will do to Baltimore as a whole – suck the air out of citywide redevelopment and growth for the benefit of a small isolated area.

Plank is banking the 43 acres of Westport land, with no development plan in sight, so that it won’t compete with his gargantuan dream for Port Covington that will require $660 million in TIF (Tax Increment Financing) bonds from the city and nearly $600 million more from state and federal sources.
...
For the entire commentary, see
https://baltimorebrew.com/2016/06/07/a-victim-of-port-covington-the-other-baltimore-in-westport/

An old, deserted former factory site may soon have life again.

The Delanco Township Joint Land Use Board granted final major site plan approval June 1 to Delanco Family Apartments Urban Renewal LLC.

In addition to 64 affordable apartment units, there will be one site manager's unit and other improvements to the property, referred to as the Rhawn Factory site.

The site, at 200 Rhawn St., is near the intersection of Rhawn and Coopertown roads, adjacent to the New Jersey Transit Delanco Rail station and bordering Rancocas Creek.

All existing buildings at the site have been demolished and industrial uses removed. 

According to the builder, the Walters Group, construction could begin by October and will take 12 to 15 months to complete, with the first occupants moving in nine or 10 months after work first starts.

The eight, two-story buildings will feature eight units each, with a mix of one-, two- and three-bedroom rental units leased exclusively to tenants whose incomes are at or below 60 percent of the area median income, qualifying it as a "low- and moderate-income housing development."

New York State and local governments spend billions to generate economic development.

But economic development is a complex process that has no simple formula or roadmap. Given the size of the financial assistance being granted, it is essential that citizens understand what their community is gaining in return.

Accordingly, my office regularly monitors the performance of the state's Industrial Development Agencies (IDAs) in an effort to assess how these entities work to attract, retain and expand businesses within their communities.

Our annual IDA report, which was released today, found the state's 109 active IDAs provided $1.1 billion in total tax exemptions in 2014. These IDA-sponsored projects reported a total of 645,010 full-time jobs, which reflects an increase of 235,888 jobs over the life of these projects. 

As you can see, IDAs are an important catalyst for economic development in our state. But as the value of tax exemptions to private businesses continues to increase, taxpayers must be reassured that their community is receiving promised benefits. 

Thankfully, my legislative proposal to increase transparency and scrutiny of IDAs was signed into law last year and will result in better evaluation of the economic impact they are having in New York. 

This legislation (S.5867/A.7915) will improve the process by which IDAs approve new projects, the quality of the information they gather about the projects, and policies for recapturing financial assistance if project goals are not met. The new law, developed with support from the New York Economic Development Council, becomes effective on June 15. 

I hope you find this report informative. If you have questions, contact our Division of Local Government and School Accountability.

Together with the NJ Business Action Center (BAC), BCONE hosted the SRAG quarterly meeting held at the NJDEP building. This was a specially formatted meeting that dealt predominately with funding incentives and other programs offered by the state for remediation and redevelopment projects.

BCONE President Steve Jaffe served as host and moderator for the three hour meeting and was joined on the dais by Nancy Belonzi of the BAC, who is a member of BCONE’s Advisory Council. BCONE Regional Council member Alan Miller of NJDEP, BCONE Executive Director Sue Boyle of GEI, and BCONE Advisory Council member Sharon McSwieney of Langan attended the session along with 75 others from consulting firms, law firms, 5 other state agencies, members of the state’s Site Remediation Professionals Licensing Board (SRPLB), and municipal officials.

As is always an agenda item at SRAG meetings, the session started with an update on the activities of the SRPLB  and a summary of the metrics from the Site Remediation Program (SRP; click here for those metrics).  Presentations then followed from the BAC, the Environmental Infrastructure Trust (EIT), the Economic Development Authority, the NJ Redevelopment Authority and the NJ Department of Transportation.  The PowerPoints from these agencies will be available in about a week on the NJDEP SRP website or you can contact BCONE for the weblink.

A panel discussion on the Somerville, NJ Green Seam Brownfield Development Area project followed.  The PowerPoint presented by Colin Driver, Somerville’s Economic Development Director will be available on the NJDEP SRP website.  President Jaffe kept the panel discussion moving by asking Mr. Driver; Michael Deely  and Ron Wienckoski of NJDEP’s Office of Brownfield Reuse; and  Frank Scangarella of the EIT and Gene Chebra on NJDEP’s Infrastructure Financing about requirements for each incentive program used, timeframes, loophole, and other words of wisdom.

Project Expands Environmental Outdoor Learning for Newark Students

Contacts: Jennifer May-Reddy, 212-637-3658, may.jennifer@epa.gov; Mary Mears, 212-637-3673, mears.mary@epa.gov

(New York, N.Y. – June 2, 2016) The U.S. Environmental Protection Agency has awarded a $91,000 environmental education grant to the Greater Newark Conservancy to expand its environmental education program to include 1,750 kindergarten through sixth grade students in Newark Public Schools. The expansion focuses on teaching these students environmental stewardship, using outdoor hands-on learning as a learning tool. The project includes visits to the Conservancy’s 1.3 acre Outdoor Learning Center, as well its 2.5 acre Hawthorne Avenue urban farm.

“This grant gives the Greater Newark Conservancy an opportunity to reach more children in Newark,” said Judith A. Enck, EPA Regional Administrator. “By giving these students knowledge of their relationship with the environment, this project gives Newark elementary school students the tools they need to learn more about environmental protection.”

The primary goal of the Greater Newark Conservancy’s project is to increase environmental literacy among the participating students and encourage behavior that benefits the environment by demonstrating that care of trees, water resources and the natural environment is critical to a sustainable and healthy community. The project includes a “Sustainable Cities” curriculum of urban sustainable planning, lessons based on the protection of water ecosystems, and compositing among other environmental topics.

The Greater Newark Conservancy was one of three recipients to receive the 2015 round of environmental education grants from EPA Region 2, which is responsible for New York, New Jersey, Puerto Rico, the U.S. Virgin Islands and eight Indian Nations.  A total of $222,000 was awarded in EPA Region 2 for the three grants and funding nationwide for this round of grants totaled more than $3.3 million. Nationally, EPA funded 35 grants from organizations in 26 states for the 2015 Environmental Education Grants.

Since 1992, EPA has distributed approximately $68 million supporting more than 3,600 projects. This competitive grants program supports environmental education projects that increase public awareness about environmental issues and provide participants with the skills to take responsible actions to protect the environment.

For more information on the new awardees and on how to apply for future environmental education grant competitions, please visit:

http://www2.epa.gov/education/environmental-education-ee-grants.

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by Shawn R. Beals, Hartford Courant (CT)

As part of a yearlong effort to get Middletown residents talking about how to reuse brownfield sites for recreation, the city and a consultant held the first of three weekly open houses Wednesday.

The Middletown On The Move project began in September 2015 after the city received a $143,970 grant from the U.S. Centers for Disease Control and Prevention to study brownfield sites for reuse. Brownfield sites are vacant or underutilized former industrial or commercial properties that have potential pollution or contamination.

"We've asked the public to envision what would a multiuse public space look like," said Patrice Barrett, the city's project coordinator for Middletown On The Move. "We've tried every kind of avenue we can to solicit what people think."

…

For the entire article, see

http://www.courant.com/community/middletown/hc-middletown-brownfield-study-0526-20160525-story.html

Recipients include Niagara County, City of New York, Kingston, Rome, St. Regis Mohawk Tribe and Wappingers Falls 

Contact: Elias Rodriguez, (212) 637-3664, rodriguez.elias@epa.gov

(New York, N.Y. – May 20, 2016) The U.S. Environmental Protection Agency is providing nearly $2 million to Niagara County, the Cities of New York, Kingston and Rome, the Village of Wappingers Falls and the St. Regis Mohawk Tribe to help those communities clean up abandoned and contaminated sites. The funding was awarded through EPA’s Brownfields Program, which helps communities assess, clean up, redevelop and reuse contaminated properties. Brownfields are properties where moderate contamination threatens environmental quality and public health and can interfere with productive re-use of the sites.

“Cleaning up brownfields protects people’s health and the environment, revitalizes neighborhoods and creates jobs,” said Judith A. Enck, EPA Regional Administrator. “There is untapped opportunity at brownfields sites, and these grants help communities find ways to unlock it. In many cases, these are pieces of land that had been written off, sitting unused, dragging down the surrounding neighborhoods. But with the help of these grants, they can be resources for recreation, jobs, parks and sustainable development.”

The EPA’s Brownfields funding will be awarded to communities in New York as follows:

Niagara County – $500,000

The $500,000 community-wide grant will be used to support a revolving loan fund from which Niagara County will provide one loan and one subgrant to support cleanup activities for sites contaminated with hazardous substances. Grant funds also will be used for marketing the revolving loan fund and supporting community outreach activities. The requested EPA grant funds will build upon Niagara County’s brownfield inventory, assessment, and remediation efforts over the past fifteen years and allow Niagara County to build on the community support and momentum created thus far.

City of New York – $400,000

A $200,000 community-wide hazardous substances grant will be used to conduct 16 environmental site assessments. A $200,000 community-wide petroleum grant will be used to conduct 14 environmental site assessments. Grant funds of both types also will be used to conduct community outreach activities. The NYC Department of Finance and Department of City Planning data from 2009 indicate that the city has over 3,150 vacant commercial and industrial lots, primarily brownfields due to suspected contamination from prior site operations. EPA grant activities will be targeted within such disadvantaged neighborhoods that contain clusters of brownfields, suffer disproportionate impacts from multiple environmental stressors, and demonstrate community need and thoughtful planning by strong community-based organizations.  Using this approach, New York City will focus the funds on the areas of greatest need, which include the South Bronx, Harlem, and East New York in Brooklyn, along with communities that were badly impacted by Super Storm Sandy in October 2012, such as Staten Island’s North Shore. 

Kingston – $400,000

A $200,000 community-wide hazardous substances and a $200,000 petroleum grant will be used to perform up to 26 environmental site assessments primarily two areas in Rondout and Waterfront and a central area of Midtown slated to become an Arts District. Grant funds also will be used to conduct cleanup planning for 10 sites and support community outreach activities.

Rome – $200,000

A $200,000 petroleum grant will be used to clean up the former Rome-Turney Radiator Company site at 109 Canal Street. The 1.4-acre site was operated by the Rome-Turney Radiator Company from 1905 until the mid-1990s as a manufacturing plant for radiators. In June 1988, the site experienced a petroleum release from fuel storage tanks, contaminating the property’s soil and groundwater. The EPA funds will be used to address petroleum contamination in two areas site,  at the north end of the site near two wings of the building and at the south of the site near the entrance from Canal Street. There is an estimated 2,000 tons of contaminated soil at the site. Grant funds will also be used for community outreach activities.

St. Regis Mohawk Tribe – $200,000

A $200,000 community-wide petroleum grant will be used to conduct nine environmental site assessments former gasoline station sites. Grant funds also will be used to update and prioritize a brownfields inventory, support community involvement activities, and conduct cleanup planning. The most important sites will be evaluated using existing reports and geophysical surveys to look for underground storage tanks and piping.

Wappingers Falls – $200,000

A $200,000 community-wide hazardous substances grant will be used to conduct 15 environmental site assessments. Grant funds also will be used to support cleanup planning and community outreach activities. The Village of Wappingers Falls will conduct assessments on blighted properties with industrial or commercial histories.  Among the prospective properties are former metal plating facilities, dry cleaners, ink and dye manufacturing facilities, industrial storage, gasification facilities, and mechanical manufacturing operations. Of the 24 acre industrially-zoned property in the village, over 14 acres has been left vacant after structural collapse or fire.

The EPA has announced a total of more than $55 million in new investments this year across the country that will redevelop contaminated properties, boost local economies and help create jobs while protecting public health.

Since its inception, EPA’s brownfields investments have leveraged more than $20 billion in cleanup and redevelopment funding from a variety of public and private sources and have created approximately 87,000 jobs. The 240 grantees receiving grants through the Brownfields Assessment, Revolving Loan Fund and Cleanup Grants programs include tribes and communities in 45 states across the country.

Information on grant recipients can be found at: http://www.epa.gov/brownfields

Follow EPA Region 2 on Twitter at http://twitter.com/eparegion2 and Facebook at http://facebook.com/eparegion2

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