by John Hickey, Buffalo News

New York State needs to renew its brownfield cleanup program, an environmental reclamation effort that has prepared the ground for millions of dollars’ worth of development in Western New York and across the state. What is not needed is an onerous application fee.

Gov. Kathy Hochul smartly included a 10-year extension of the brownfield program in her proposed budget, but the language includes a proposed $50,000 application fee. The existing law imposes no such expense.

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Posted March 3, 2022

An article in the March 2022 edition of New Jersey Business Magazine featured NJDEP's Commissioner Shawn M. LaTourette, who discussed the brownfield site inventory. You can find the article on pages 38-43 at the following link: https://editions.mydigitalpublication.com/publication/?m=18790&i=738649&p=40&ver=html5

Thank you to New Jersey Business Magazine and our friends at the Licensed Site Remediation Professionals Association (LSRPA) for sharing this information.

Posted March 1, 2022

The Environmental Protection Agency (EPA) Administrator Michael S. Regan announced that President Biden has appointed Dr. David Cash to become EPA’s Regional Administrator for Region 1.  Dr. Cash will lead the implementation of the Biden-Harris environmental agenda in Maine, New Hampshire, Vermont, Massachusetts, Rhode Island, Connecticut and in 10 Tribal Nations. Dr. Cash’s appointment began on February 7, 2022.

“Dr. Cash brings deep experience in environmental policy, equity, and economic justice. I know he will ensure voices throughout Region 1 are heard on key issues,” said EPA Administrator Michael S. Regan. “Dr. Cash has hit the ground running and I’m very excited to welcome him to the team.”

“I am deeply honored to serve as the EPA Region 1 Administrator, to champion the bold climate, environment and justice agenda of the Biden-Harris Administration and EPA Administrator Regan,” said Dr. Cash. “I eagerly anticipate working with the world-class staff at EPA, elected and state officials and Tribes, as well as engaging all New England communities, especially those most vulnerable and historically overburdened. Given my conviction that wise and equitable environmental policy goes hand-in-hand with robust economic policy, together we can solve our most pressing environmental challenges while creating jobs, leaving clean air and water to our children, and crafting a just transition to a clean energy future.”

Dr. Cash has spent his career in public service harnessing science, innovative policy and participatory decision-making to solve challenges and seize opportunities at the intersection of environment, economy and equity. In his most recent position, Dr. Cash was the Dean of the John W. McCormack Graduate School of Policy and Global Studies at the University of Massachusetts Boston. He spent a decade in Massachusetts state government where he held a range of senior positions. As Assistant Secretary of Policy in the Executive Office of Energy and Environmental Affairs in Governor Deval Patrick's Administration, he was an architect of nation-leading climate, clean energy and environmental justice policies. All of these initiatives were grounded in the notion that wise environmental policy, economic policy and policies for equity can and should go hand-in-hand. Dr. Cash then served as a Commissioner in the Department of Public Utilities, followed by serving as the Commissioner of the Department of Environmental Protection. With this rare experience of being both an environment and an energy commissioner, he had the unique perspective of understanding the importance of breaking down silos and focusing on complex issues in much more comprehensive and integrative ways. In these roles, he collaborated in government and with communities and the private sector to craft and implement innovative science-based policies around climate, environmental justice, energy, job creation, water, land use, waste management, and grid modernization. Dr. Cash holds a Ph.D. in public policy from the John F. Kennedy School of Government at Harvard University. He and his wife Annie Weiss, a psychotherapist, live in the Boston area and have two young adult daughters.

Posted February 25, 2022

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.

1. 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. 
2. 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. 
3. 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

Designation meant to speed up revitalization in neighborhood affected by pollution, disinvestment

Steve Hughes, Albany Times-Union (NY)

The state declared 106 acres in Sheridan Hollow a Brownfield Opportunity Area, which is meant to help the city's revitalization efforts in the neighborhood.

The Affordable Housing Partnership of the Capital Region pushed the nomination that led to the state's declaration, announced on Tuesday. The area's boundaries are Clinton Avenue, Pearl Street, Elk Street and Lexington Avenue.

Susan Cotner, the partnership's executive director, said the designation was the result of years of working that involved community meetings and researching the area's history. The partnership is located in Sheridan Hollow.

…

For the entire article, see

https://www.timesunion.com/news/article/Sheridan-Hollow-declared-a-Brownfield-Opportunity-16921228.php

Posted February 21, 2022

The Murphy Administration is making it easier to identify once contaminated and blighted properties that present unique opportunities for economic development and environmental improvement. In collaboration with the Department of Community Affairs and the New Jersey Economic Development Authority, the Department of Environmental Protection has enhanced its Geographic Information System (GIS) mapping application, creating a Brownfields Inventory mapping layer that makes valuable information about brownfields sites easily accessible, helping investors, developers, community leaders, Licensed Site Remediation Professionals (LSRPs), and the public identify brownfields with redevelopment potential.

Cleaning and redeveloping brownfields can help to revitalize neighborhoods, improve public safety, create jobs, enhance the tax base, establish open space, and catalyze regional growth. Every brownfield remediation is restoring injured natural resources and helping to preserve resources within greenfields and woodlands that are providing valuable services to the public and might otherwise be developed.

“Brownfields place a tremendous economic, environmental, and public health burden on communities. This mapping enhancement will help people identify where brownfields are located and what government programs exist to help remediate the contaminated sites in the hopes of encouraging investment to bring these properties back to their full potential usage,” said Lt. Governor Sheila Oliver, who also serves as Commissioner of the Department of Community Affairs. “Revitalizing these sites is not only good for the economy, but it is helping clean up decades of misuse and abuse in our most disadvantaged neighborhoods.”

“Every brownfield site that is cleaned up and redeveloped represents an investment in both the economic and environmental health of our communities,” said Commissioner of Environmental Protection Shawn M. LaTourette. “Viewing environmental improvements as sound investments has positioned DEP to drive economic growth in communities across New Jersey, and this new tool will better enable those in both the private and public sectors to join us in enhancing our residents’ quality of life, especially in our urban and underserved communities.”

“Governor Phil Murphy recognizes the value of remediation and redevelopment of brownfield sites as an essential element of smart planning that will advance a stronger fairer New Jersey economy,” said NJEDA CEO Tim Sullivan. “The comprehensive suite of technological and financial tools the NJEDA and its partners at the Department of Community Affairs and Department of Environmental Protection will amplify the economic and environmental impact of the State’s investment, revitalizing dormant sites and driving job creation through productive reuse of long inactive properties.”

Based on information accessible through DEP records and available through the DEP Brownfields Program and the DCA New Jersey Community Asset Map, the Brownfields Inventory GIS layer provides details on potential target sites, including acreage, cleanup status, and property owner contact information. At present, the tool includes sites located in municipalities participating in DEP’s Community Collaborative Initiative (CCI): Camden, Trenton, Perth Amboy, Bayonne, Bridgeton, Jersey City, Millville, Newark, Paterson, Paulsboro, Salem, and Vineland. DEP intends to include opportunities in additional municipalities in future versions of the tool.

As defined by state law, brownfield sites are abandoned, idled, or underused industrial and commercial facilities where expansion or redevelopment is complicated by real or perceived environmental contamination. Many cities have numerous brownfield sites within their borders but don’t have capacity or awareness on how to identify and market them. Developers are interested in finding brownfield opportunities but previously had no mechanism to find them unless they were being advertised by a commercial realtor. This GIS enhancement will fill this void.

In addition, Licensed Site Remediation Professionals, who are responsible for the investigation and remediation of thousands of sites across the state, will be able to supply important information on brownfield sites to their clients, whether a municipality or redeveloper, raising the level of awareness of redevelopment opportunities. The LSRP will also be able to access the CCI representative in the city of interest.

The CCI program supports environmental and community revitalization, equitable economic development, and enhanced public health outcomes in designate communities. A DEP liaison works closely with these underserved cities to build relationships and better understand the specific needs of their assigned city.

The NJEDA recently announced that it is accepting applications for the new Brownfields Impact Fund, which provides grant funding and low-interest loans to public sector and non-profit organizations, as well as low-interest loans to for-profit organizations, to carry out cleanup activities at brownfield sites throughout the state.

While applicants from any city can now apply, only applicants with projects located in the 12 CCI communities will be considered for the first 90 days the application is available. After April 20, applications from non-CCI communities will also be considered. The application and more information are available at https://www.njeda.com/brownfieldsimpactfund

The program is first-come, first-served, with consideration given to the CCI communities for the first 90 days the application is available.

Posted February 17, 2022

Upon Reauthorization and Renewal, These Two Programs will Continue to Address Environmental Justice, Economic Development, and Affordable Housing in Communities Across the State

A statewide coalition representing environmental advocates, environmental justice organizations, economic development organizations, and business groups released a statement in support of Governor Hochul’s inclusion of the Brownfields Cleanup Program and the Brownfields Opportunity Area program in her proposed budget. The coalition applauds Governor Hochul for making a long-term commitment to this program by proposing an extension of the program for 10 years. Additionally, the reforms thatare included to provide additional resources to projects in disadvantaged communities and encourage renewable energy development on brownfield sites goes a long way to address environmental justice issues, combatting neighborhood blight, and providing thousands of homes statewide for New Yorkers who need it the most.

Since reauthorization of the Brownfields Cleanup Program (BCP) in 2015, over 400 sites have participated in every county of the state. The program has generated more than $17 billion in economic development and created more than 6,000 units of affordable housing. With this longterm extension of the program, more New Yorkers will benefit from much-needed housing in disadvantaged communities. The proposed language will build upon the 2015 reforms of the BCP and provide further transparency. The BCP does more than clean up pollution—this program goes a long way to address the environmental justice issues in disadvantaged communities.

Additionally, strengthening the Brownfield Opportunity Areas (BOA) Program will bring added benefits to the designated BOAs in disadvantaged and urban communities, while a new focus on reducing greenhouse gas emissions and advancing environmental justice in BOAs will help New York achieve the goals of the Climate Leadership and Community Protection Act.

"The New York State Brownfield Cleanup Program not only promotes the cleanup of contaminated and underutilized properties throughout the State but also generates much-needed job opportunities for local communities during and after redevelopment. The proposed extension of tax credit incentives will continue to encourage developers to invest in brownfield sites and elevate economic development in New York. The Partnership’s members are appreciative of the Program’s proposed extension and look forward to their enactment," said Ezgi Karayel, President of the NYC Brownfield Partnership.

“The success of the New York State BCP is a model for all the states in the northeastern United States. Its impact on producing environmentally protective, high quality redevelopment projects in environmental justice areas is impressive as is the increase in creation of more affordable housing and industrial projects on formerly contaminated properties throughout New York State, said Rick Shoyer, President of the Brownfield Coalition of the Northeast. “The fact that New York State’s tax credits are at a sustainable level and are more supportive of the costs of high-quality cleanups and less on development costs is a model for other states in our region."

“We would like to thank Governor Hochul for her leadership on the vital issue of brownfield remediation,” said Jolie Milstein, President and CEO of the New York State Association for Affordable Housing. “The Brownfields Cleanup Program is a critical tool for building affordable housing in historically disadvantaged communities, and our members enthusiastically support its 10-year extension. We look forward to engaging with the State on the details of the program and the accompanying regulations.”

"The coalition was pleased to see the Governor’s commitment to these programs and believe the language is an important first step in enhancing these critical programs. We are concerned that certain aspects of the proposal and the accompanying regulations will prevent some projects from moving forward and therefore look forward to working with the Governor and the Legislature to address these concerns," said Patrick McClellan of the New York League of Conservation Voters.

The coalition again applauds Governor Hochul’s leadership as her administration continues to lead our state’s economy forward and help New York communities sustainably recover. Reauthorization and reform of the Brownfields Cleanup Program and strengthening the Brownfield Opportunity Areas program is the path forward for everyone working to achieve environmental justice, expand affordable housing, and invest in New York’s renewal.

The coalition looks forward to working with Governor Hochul and the leaders in the New York State Assembly and Senate to enact these proposals that will benefit all New Yorkers.

Real Estate Board of New York

New York League of Conservation Voters

New York State Association for Affordable Housing

NYC Brownfield Partnership

Brownfield Coalition of the Northeast

Long Island Builders Institute

The Building & Realty Institute (BRI) of Westchester and the Mid-Hudson Region

Posted February 14, 2022

Just a reminder that ESG (Environmental, Social and Governance), was  topic of a terrific program that BCONE held in 2021, followed by a wine tasting.  Do our members want to hear more on the topic? Have more wine tastings? Both?

By Joshua Burd, Real Estate NJ

Jeff Milanaik is like many other developers, even those at the top of their field: Three to five years ago, so-called ESG initiatives — short for environmental, social and governance — were not on his mind when it came to Bridge Industrial’s fast-growing portfolio.

That changed when the firm set its sights on attracting new investors and an ambitious geographic expansion that even included opening an office in London.

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February 7, 2022

New York City Mayor Eric Adams today announced the appointments of his climate leadership team that will focus on environmental protection and environmental justice across New York City. Mayor Adams appointed Rohit T. Aggarwala as chief climate officer and commissioner of the New York City Department of Environmental Protection (DEP), Vincent Sapienza as chief operations officer of DEP, and Kizzy Charles-Guzman as executive director of the new Mayor’s Office of Climate and Environmental Justice (MOCEJ) — which consolidates multiple city agencies into one. Mayor Adams highlighted these accomplished environmentalists’ proven track record of promoting cleaner air, advancing climate resiliency, and protecting New Yorkers.

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February 7, 2022

In 2019, New York State passed a historic law to cut greenhouse gas emissions from every part of its economy. But for some, the most significant part of the legislation was its focus on environmental justice and equity. The law, titled the Climate Leadership and Community Protection Act, required that 35 to 40 percent of future benefits of state investments in clean energy, energy efficiency, housing, workforce development, transportation, and pollution reductions would have to serve “disadvantaged communities.”

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Posted February 7, 2022