The Goldstein Environmental Law Firm, P.A. Goldstein Environmental Law Firm, ... Brooksville 2012 2 Total Number of 7,719 $400,000.00 $400,000.00 ... Fort Pierce RA: $600,000.00

Florida‘s Powerful, Proven & Transformative

Brownfields Redevelopment Program

A City of St. Petersburg Economic Development Workshop

October 3, 2012

Michael R. Goldstein, Esq.

The Goldstein Environmental

Law Firm, P.A.

[email protected]

Office: (305) 777-1682

Cell: (305) 962-7669

mailto:[email protected]

Workshop Foundations

Purpose

Educate

Disseminate

Clarify

Dispel

Excite

Motivate

Empower

Connect

Audience

Local Governments

Developers

Lenders

End-Users/Job

Creators

CBOs

Families & Individuals

Professionals

Program & Agenda

Part I

Setting the Stage: Factual, Legal and Regulatory Backdrop

Part II

Moving from Risk to Reward

Part III

Build It & They Shall Come

Program & Agenda

Part I

Setting the Stage: Factual, Legal and Regulatory Backdrop

Introduction/Brownfields Basics

The Science and Regulation of Environmental Contamination

The Law of Environmental Contamination

Program & Agenda

Part II

Moving from Risk to Reward

The Florida Brownfields Program

Brownfields Incentives for Job Creation

Improving Access to Health & Health Care through Brownfields Redevelopment

Federal Incentives & Grants

Liability Protection Strategies – Part I: Statutory Defenes, Covenants-Not-to-Sue & Comfort Letters

Liability Protection Strategies Part II: Environmental Insurance

Program & Agenda

Part III

Build It & They Shall Come

Technical Considerations

Construction Considerations

Case Studies

Workshop Faculty

Michael R. Goldstein, Esq., The Goldstein Environmental Law Firm, P.A.

Mr. Bruce Nocita, Ph.D., P.G., S&ME, Inc.

Mr. Joseph Bell, Enterprise Florida

Mr. Miles Ballogg, Cardno TBE

Ms. Teri Hasbrouck, M.S., Environmental Consulting & Technology, Inc.

Jason Lichtstein, Esq., Akerman

Joseph Madigan, XL Insurance

Steve Folsom, P.E., HSA Engineers & Scientists, Inc.

Mr. David Goldman, P.G., Kimley-Horn & Associates, Inc.

Mr. Jeffrey Peters, P.G., Environmental Consulting & Technology, Inc.

Mr. Brian Moore, P.E., HSA Engineers & Scientists, Inc.

―Brownfield‖ Defined – State Law

Chapter 376.79, F.S.

―Brownfield sites‖ means real property, the expansion, redevelopment, or

reuse of which may be complicated by actual or perceived environmental

contamination.

―Brownfield area‖ means a contiguous area of one or more brownfield sites,

some of which may not be contaminated, and which has been designated

by a local government by resolution. Such areas may include all or portions

of community redevelopment areas, enterprise zones, empowerment zones,

other such designated economically deprived communities and areas, and

Environmental Protection Agency-designated brownfield pilot projects.

―Brownfield‖ Defined – Federal Law

Small Business Liability Relief and Brownfields Revitalization Act

"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."

Brownfields Value

Proposition

"You remember that old Tool &

Machinery Works? You tell your

father he can get that for a song.

And all the labor he wants too.

Half the town was thrown out of

work when they closed down."

George Bailey,

Early Brownfield Promoter

Our gratitude to the Brownfield Coordinator for the Kentucky Division of Compliance Assistance for this slide

Brownfields Value Proposition

Ability to Access Intrinsic Use, Location, & Demographics Value of Site

"Buy Low/Sell High"

Reuse Provides Funding Mechanism for Cleanup

Broad Array of Economic, Regulatory Incentives

Preservation, Restoration, Protection

Powerful Redevelopment Catalyst

Sustainability Jump Off Point

Stability and Security for Capital

Public Hearts & Minds

Acute Revenue Opportunities for Local Governments

Mini-Boomlet in ―Mini-Brownifelds‖

Brownfields Risk Proposition

Environmental Regulatory Risk

Third Party Liability Risk

Property Damage Suits

Cost Recovery Suits

Toxic Tort Suits

Financing Risk

Risk of Impact to Design, Schedule & Budget

Direct Costs of Assessment & Remediation

Political and Reputational Risk

Brownfields Getting ―Press-ed‖

Crossing the Divide: From Risk to Value

Strong Legal Team

Strong Technical Team

Sound, Methodical Legal, Technical, and Financial Underwriting

Proper Transactional Structure & Use of Releases and

Indemnities

Leveraging of Federal & State Liability Protections

Covenants Not to Sue, Comfort Letters, Guidance

Documents, Statutory Defenses & Safe Harbors

Risk Based Corrective Action

Integration of Cleanup & Redevelopment

Environmental Insurance

Speed, Efficiency, Predictability, Uniformity, Absence of Political

Mischief

Making the Case: Still Prime Time for

Brownfields Over 1 million Brownfield sites in the U.S.

Over 15 million acres of contaminated land

Strong institutional and cultural support within U.S. EPA and state regulatory agencies

Excellent federal partner support

Mature state regulatory network

Highly Attractive to Local Government Planning & Economic Development Officials

Widespread Acceptance in the Private Sector

Great Metrics!

Grant Dollars Flowing to Florida!

EPAGrantDollarPalooza

109 Grants to 43 Grant Awardees

8 Florida Counties (19 grants)

24 Florida Cities (75 total grants)

5 Local Government Development Authorities and Redevelopment Agencies (8 grants)

5 Regional Planning Councils & Metropolitan Planning Organizations (17 grants)

1 University (2 grants)

$33,210,360.00 in total funds from 1996 through 2012

$12 million for Hazardous Cleanup Funding (36.13%)

$13.1 million for Petroleum Funding (39.45%)

$1,299,996.00 for Job Training Funding (3.91%)

$6,410,364.00 for Pilot Funding (19.30%)

$400,000 for Multi-Purpose Petroleum Assessment and Cleanup Funding (1.2%)

EPA Brownfield Grants to Florida Counties

County Year of Award

Total Amount

of Awards Granted

Population Size Total Grant Money by Year

Total Grant

Money All Years

Notes

Dixie County 2009 2 16,422 $400,000.00 $400,000.00 Total Number of Award

Recipients: 8

Total Grants: 19

Total Dollars: $5,656,364.00

First Year Grant Awarded: 1997

Most Recent Year Grant Awarded:

2011

Most Number of Grants

Escambia: 4

Pinellas: 4

Largest Grant Award (Single

Year)

Pasco: $1,000,000.00

Largest Grant Award (All Years)

Escambia: $1,350,000.00

Largest County

Miami-Dade (pop. 2,253,362)

Smallest County Dixie (pop. 16,422)

Escambia County 1998 1 294,410 $450,000.00 $1, 350,000.00

1999 1 294,410 $500,000.00

2010 2 297,619 $400,000.00

Gadsden County 2010 2 46,389 $400,000.00 $400,000.00

Hillsborough County

1999 1 998,948 $200,000.00 $700,000.00

2000 1 998,948 $500,000.00

Miami-Dade County 1997 1 2,253,362 $265,000.00 $ 265,000.00

Orange County 2011 2 1,145,956 $400,000.00 $400,000.00

Pasco County 2011 2 464,697 $1,000,000.00 $1,000,000.00

Pinellas County 1998 1 921,482 $141,364.00 $1,141,364.00

2004 2 921,482 $400,000.00

2008 1 916,542 $600,000.00

EPA Brownfield Grants to Florida Cities

City Year of Award

Total Amount

of Awards Granted

Population Size Total Grant Money by Year

Total Grant Money All Years Notes

Brooksville 2012 2 7,719 $400,000.00 $400,000.00 Total Number of

Award Recipients:

24

Total Grants: 75

Total Dollars:

$16,954,000.00

First Year Grant

Awarded: 1996

Most Recent Year

Grant Awarded:

2012

Most Number of

Grants

Clearwater: 8;

Miami: 8; Tampa

8

Largest Grant

Award (Single

Year)

Tallahassee:

$1,000,000.00

Largest Grant

Award (All Years)

Tallahassee:

$2,400,000.00

Largest City

Jacksonville (pop.

735,617)

Smallest City St. Marks (293)

Casselberry 2010 2 26,241 $400,000.00 $600,000.00 2012 1 26,241 $200,000.00

Sarasota 1999 1 52,715 $200,000.00 $200,000.00 Clearwater 1996 1 108,787 $300,000.00 $2,000,000.00

1999 1 108,787 $500,000.00 2003 2 108,787 $400,000.00 2007 2 107,685 $400,000.00 2009 2 107,685 $400,000.00

Cocoa 2003 1 16,412 $200,000.00 $800,000.00 2005 1 16,412 $200,000.00

2009 2 17,140 $400,000.00 Daytona Beach 2010 2 61,005 $400,000.00 $600,000.00

2011 2 61,005 $200,000.00 Eustis 2009 2 18,558 $400,000.00 $400,000.00 Ft. Lauderdale 1999 1 152,397 $200,000.00 $200,000.00 Ft. Myers 1999 1 48,208 $169,000.00 $169,000.00 Gainesville 1997 1 95,447 $200,000.00 $200,000.00 Homestead 2005 1 31,909 $200,000.00 $400,000.00

2007 2 60,512 $200,000.00 Jacksonville 1997 1 735,617 $200,000.00 $900,000.00

1999 1 735,617 $500,000.00 2003 1 735,617 $200,000.00

Miami 1996 1 362,470 $235,000.00 $1,935,000.00 1998 1 362,470 $200,000.00 2004 2 362,470 $400,000.00 2007 2 399,457 $400,000.00 2009 1 399,457 $500,000.00 2010 1 399,457 $200,000.00

New Smyrna Beach 2009 2 22,464 $400,000.00 $400,000.00 Ocala 1999 1 45,943 $200,000.00 $600,000.00

2004 1 45,943 $200,000.00 2006 1 56,315 $200,000.00

Opa-locka 2000 1 14,951 $200,000.00 $200,000.00 Orlando 2012 2 238,300 $400,000.00 $400,000.00 Plant City 2009 2 34,721 $400,000.00 $400,000.00 South Daytona 2010 2 12,252 $400,000.00 $400,000.00 St. Marks 2009 2 293 $400,000.00 $400,000.00 St. Petersburg 1997 1 248,232 $550,000.00 $950,000.00

2003 1 248,232 $200,000.00 2007 1 244,769 $200,000.00

Tallahassee 1997 1 150,624 $200,000.00 $2,400,000.00 2008 2 181,376 $400,000.00 2009 2 181,376 $800,000.00 2011 2 181,376 $1,000,000.00

Tampa 1999 1 303,447 $200,000.00 $1,600,000.00 2004 1 303,447 $200,000.00 2007 2 335,709 $400,000.00

Brownfield Grants to Small Population Cities (< 20,000)

City Year of

Award Total

Amount of

Awards

Granted

Population Size Total Grant Money by

Year Total Grant Money All

Years

Brooksville 2012 2 7,719 $400,000.00 $400,000.00

Cocoa

2003 1 16,412 $200,000.00 $800,000.00

2005 1 16,412 $200,000.00

2009 2 17,140 $400,000.00

Eustis 2009 2 18,558 $400,000.00 $400,000.00

Opa-locka 2000 1 14,951 $200,000.00 $200,000.00

St. Marks 2009 2 293 $400,000.00 $400,000.00

South

Daytona 2010 2 12,252 $400,000.00 $400,000.00

Wachula 2011 2 5,001 $400,000.00 $400,000.00

EPA Brownfield Grants to Florida Local Government Development Authorities & Redevelopment Agencies

Redevelopment

Agency/Community Redevelopment Agency

Year of Award Total Amount of Awards Granted

Total Grant Money by Year

Total

Grant

Money

All Years

Notes

Clay County Development Authority

2008 1 $200,000.00

$400,000.00

Total Number of Award

Recipients: 5

Total Grants: 8

Total Dollars: $2,200,000.00

First Year Grant Awarded: 2004

Most Recent Year Grant

Awarded: 2011


Clay County DA (2)

Miami Model City (2)

Plant City CRA (2)


Year)

Fort Pierce RA: $600,000.00

Plant City CRA: $600,000.00

Largest Grant Award (All Years)

Fort Pierce RA: $600,000.00

Plant City CRA: $600,000.00

2010 1 $200,000.00

Fort Pierce Redevelopment Agency

2010 1 $200,000.00

$600,000.00

Lake Worth Community Redevelopment Agency

2006 1 $200,000.00

$200,000.00

Miami Model City

Community Revitalization District Trust

2004 1 $200,000.00

$400,000.00

2005 1 $200,000.00

Plant City Community Redevelopment Agency

2011 2 $600,000.00

$600,000.00

EPA Brownfield Grants to Florida Regional Planning Councils & Metropolitan Planning Organizations

Regional Planning Council

Year of Award Total Amount of Awards Granted

Total Grant Money by Year

Total

Grant

Money All Years

Notes

Central Florida Regional Planning Council

2009 2 $1,000,000.00 $2,000,000.00


Recipients

5

Total Grants

17

Total Dollars

$7,600,000.00

First Year Grant Awarded

1998


Awarded 2011


Treasure Coast: 6


Year)

Treasure Coast:

$1,300,000.00

Largest Grant Award (All

Years) Treasure Coast: $2,900,000.00

2011 2 $1,000,000.00 Sarasota/

Manatee Metropolitan Planning Organization

2011 2 $1,000,000.00

$1,000,000.00

South Florida Regional Planning Council

1998 1 $300,000.00 $300,000.00

Treasure Coast Regional Planning Council

2003 1 $200,000.00 $2,900,000.00 2005 1 $1,300,000.00

2007 2 $400,000.00 2011 2 $1,000,000.00

West Florida Regional Planning Council

2008 2 $1,000,000.00

$1,400,000.00

2011 2 $400,000.00

EPA Brownfield Grants to Florida Educational Institutions

Educational Institution

Year of Award

Total Amount

of Awards Granted

Student Population Total Grant Money by Year

Total Grant Money All Years

Notes

Florida State

College at Jacksonville

2009 1 N/A $500,000.00

$799,996.00


Recipients

1*

Total Grants

2

Total Dollars

$799,996.00

First Year Grant Awarded

2009


Awarded

2011


Equal


Year)

Florida Community College:

$500,000.00

Largest Grant Award (All

Years)

Florida Community College:

$500,000.00

*In 2009, Florida Community College at

Jacksonville expanded its curriculum and

became Florida State College at

Jacksonville. We refer to this institution by

its current name even though the 2009 EPA

Brownfield Grant was awarded to ―Florida Community College.‖

2011 1 85,997 $299,996.00

Top Brownfield Grant Recipients: Total Grant Money/Single Year

Applicant Award Amount Year Treasure Coast Regional Planning Council $1,300,000.00 2005 Pasco County $1,000,000.00 2011 City of Tallahassee $1,000,000.00 2011 Central Florida Regional Planning Council $1,000,000.00 2011 Treasure Coast Regional Planning Council $1,000,000.00 2011 West Florida Regional Planning Council $1,000,000.00 2011 Central Florida Regional Planning Council $1,000,000.00 2009 City of Tallahassee $800,000.00 2009 City Community Redevelopment Agency $600,000.00 2011 Fort Pierce Community Redevelopment Agency $600,000.00 2010 Pinellas County $600,000.00 2008

Top Brownfield Grant Recipients: Total Grant Money/All Years

Applicant Award Amount Years

Treasure Coast Regional Planning Council $2,900,000.00 2003, 2005, 2007, 2011

City of Tallahassee $2,400,000.00 1997, 2008, 2009, 2011

City of Clearwater $2,000,000.00 1996, 1999, 2003, 2007, 2009

Central Florida Regional Planning Council $2,000,000.00 2009, 2011

City of Miami $1,935,000.00 1996, 1998, 2004, 2007, 2009, 2010

City of Tampa $1,600,000.00 1996, 2004, 2007, 2009, 2012

West Florida Regional Planning Council $1,400,000.00 2008, 2011

Escambia County $1,350,000.00 1998, 1999, 2010

Pinellas County $1,141,364.00 1998, 2004, 2008

Brownfield Grant Awardees by FDEP District (43 Total Grant Awardees)

FDEP District

City Awardees County Awardees

Local Government EDCs

RPCs/MPOs Educational Institutions

Totals (%)

Northwest 2 2 0 1 0 5 11.63%

Northeast 2 1 1 0 1 5 11.63%

Central 8 1 0 0.5 0 9.5 22.09%

Southeast 4 1 3 1.33 0 9.33 21.70%

South 1 0 0 0.83 0 1.83 4.26%

Southwest 7 3 1 1.33 0 12.33 28.67%

Brownfield Grant Awards by FDEP District (121 Total Grant Awards)

FDEP District City Awardees County Awardees

Local Government EDCs

RPCs/MPOs Educational Institutions

Totals %

Northwest 9 6 0 4 0 19 15.7%

Northeast 4 2 2 0 2 10 8.3%

Central 22 2 0 3 0 27 22.31%

Southeast 13 1 4 4.83 0 22.83 18.87%

South 1 0 0 1.83 0 2.83 2.34%

Southwest 26 8 2 3.33 0 39.33 32.5%

Total Brownfield Grant Dollars by FDEP District ($33,210,360 in Total Funding)

FDEP District City Awardees County Awardees

Local Government EDCs RPCs/MPOs Educational Institutions Totals %

Northwest $2,800,000.00 $1,750,000.00 $0.00 $1,400,000.00 $0.00 $5,950,000.00 17.92%

Northeast $1,100,000.00 $400,000.00 $400,000.00 $0.00 $799,996.00 $2,699,996.00 8.13%

Central $4,200,000.00 $400,000.00 $0.00 $1,450,000.00 $0.00 $6,050,000.00 18.22%

Southeast $2,735,000.00 $265,000.00 $1,200,000.00 $2,260,000.00 $0.00 $6,460,000.00 19.45%

South $169,000.00 $0.00 $0.00 $810,000.00 $0.00 $979,000.00 2.95%

Southwest $5,950,000.00 $2,841.364.00 $600,000.00 $1,660,000.00 $0.00 $11,051,364.00 33.28%

Comparison of Total EPA Brownfield Grant Awards to Florida to All Other Region 4 States\

State

Haz Funding

Petrol Funding

Job Training Funding

Pilot Funding

Multi-Purpose Assmnt Haz

Multi-Purpose Assmnt Petrol

Multi-Purpose Clean-up Haz

Multi-Purpose Clean-up Petrol

Totals

Florida $12,000,000.00 $13,100,000.00 $1,299,996.00 $6,410,364.00 $0.00 $200,000.00 $0.00 $200,000.00 $33,210,360.00

Alabama $2,965,000.00 $2,435,000.00 $361,000.00 $2,750,000.00 $0.00 $0.00 $0.00 $0.00 $8,511,000.00

Georgia $3,883,214.00 $3,912,786.00 $300,000.00 $1,100,000.00 $0.00 $0.00 $0.00 $0.00 $9,916,000.00

Kentucky $6,025,000.00 $2,225,000.00 $0.00 $950,000.00 $0.00 $0.00 $0.00 $0.00 $9,200,000.00

North Carolina

$9,494,750.00 $5,833,000.00 $983,000.00 $5,450,000.00 $0.00 $0.00 $0.00 $0.00 $21,760.750.00

South Carolina

$8,660,000.00 $3,525,000.00 $200,000.00 $5,600,000.00 $0.00 $0.00 $0.00 $0.00 $17,985,000.00

Mississippi $2,160,750.00 $1,800,000.00 $200,000.00 $600,000.00 $0.00 $0.00 $0.00 $0.00 $4,760,750.00

Tennessee $5,643,580.00 $2,283,000.00 $792,772.00 $1,000,000.00 $0.00 $0.00 $0.00 $0.00 $9,719,352.00

Totals $50,832,294.00 35,113,786.00 4,136,768.00 23,860,364.00 $0.00 $200,000.00 $0.00 $200,000.00 $114,343,212.00

Come on in, the water‘s fine! Florida Program Metrics

Voluntary Cleanup Tax Credit

Total Certificates Issued: 284

Total $ Awarded: $25,523,681.52

Approved/Award Pending: $8,573,805.44

Total Capital Investment in Brownfield Areas

2011: $208,495,598

First 6 Months of 2012: $388,404,123

Program Inception (July 1997) – June 2012: $1.8 billion

New Direct & Indirect Jobs

2011: 8,084

First 6 Months of 2012: 10,330

Program Inception (July 1997) – June 2012: 40,000 plus

Come on in, the water‘s fine! Florida Program Metrics

319 Designated Brownfield Areas (8/23/12)

Total: 226,984.45 acres

Largest: 12,807 acres (Hamilton County EZ Area)

Smallest 0.32 acres (Casbah Properties, LLC,

Melbourne, FL)

168 Sites with Executed BSRAs

Total: 3,651.64 acres

Largest: 608.45 acres (Eastwood Village, Fort Myers)

Smallest: 0.28 acres (Car Pro, Clearwater)

Magnitude Analysis

Florida Brownfields Program

Numerical Analysis of Designated Brownfield Areas in Florida as of April 17, 2012

Range of Acreage Number of Areas Within

Range Percentage of Total Number of Areas

1.0 acres or less 20 6.62%

1.1 acres to 5.0 acres 37 12.25%

5.1 acres to 10.0 acres 29 9.60%

10.1 acres to 50.0 acres 66 21.85%

50.1 acres to 100.0 acres 22 7.28%

100.1 acres to 500.0 acres 48 15.89%

500.1 acres to 1,000.0 acres 29 9.62%

1,000.1 acres to 5,000.0 acres 39 12.91%

5,000.1 acres to 10,000.0 acres 8 2.65%

10,000.1 acres and above 4 1.32%

Totals 302 99.99%

Come on in, the water‘s fine! Federal Program Metrics

Since Congress authorized the Brownfields program in 2002, EPA has provided

approximately $1.5 billion in grants, which has leveraged $18.7 billion in private

sector investment.

As a result, from inception through Septmber 2012, the Brownfields program has

assessed more than 19,000 properties and created more than 78,266 jobs

nationwide.

On average, $18.01 is leveraged for each EPA Brownfields dollar expended at a

brownfield from Assessment, Cleanup, and Revolving Loan Fund cooperative

agreements since Program inception.

Based on data through fiscal year 2011, on average, 7.43 jobs are leveraged per

$100,000 of EPA Brownfields funding expended on Assessment, Cleanup and

Revolving Loan Fund cooperative agreements since program inception.


The EPA Brownfields Program has conducted five pilot studies, which

concluded that redeveloped brownfield sites tend to have greater location

efficiency than alternative development scenarios at greenfield sites,

resulting in a 32 to 57 percent reduction in vehicle miles traveled associated

with these sites and a reduction in air pollution emissions, including

greenhouse gases.

These same site comparisons show an estimated 47 to 62 percent

reduction in stormwater runoff. The studies suggest a range of impacts due

to regional variation in development and travel patterns.


The EPA Brownfields Program has funded a study to assess the impact, or

economic benefit, of Brownfields grants on residential property values. The

study concluded that residential property values increased between 2 and 3

percent once a nearby brownfield was assessed or cleaned up.

The study further concluded that cleaning up a brownfield can increase

overall property values within a one mile radius by $0.5 to $1.5 million.

Additionally, initial anecdotal surveys indicate a reduction in crime in

recently revitalized brownfield areas.

The Brownfields Restoration, Investment, and Jobs Act

of 2012

Sponsored by Sen. Lautenberg & Sen. Inhofe

.

Congress has continued to appropriate funds, although the

program‘s authorization expired in 2006, reflecting the broad support

for the Brownfields program.

Bipartisan approach to modernizing and improving key elements of

the program. It makes a number of needed improvements that have

been identified by a broad set of stakeholders, including local

governments, developers, and community redevelopment

organizations.

Legislation improves the existing grant process by increasing the

limit for cleanup grants and expanding grant eligibility for certain

publicly owned sites and non-profit organizations.

The Brownfields Restoration, Investment, and Jobs Act

of 2012

Sponsored by Sen. Lautenberg & Sen. Inhofe

.

EPA is also authorized to make multi-purpose grants, which

provides greater certainty for long-term project financing.

Legislation identifies opportunities for waterfront properties and

brownfield sites appropriate for clean energy development, allows

grant recipients to collect administrative costs, and provides

technical assistance to small, rural, and disadvantaged

communities.

States are also eligible for additional targeted funding. Finally, it

reauthorizes the program at current levels through FY 2015.

Market Driver: Local Governments & Emergence of the

Brown-to-Green-to Blue RFP

Released by NALGEP in February

2012

Part I: Overview of renewable

energy options for Brownfield site

development & references for tools

and resources for site screening

Part II: Economic feasibility of

project development

Part III: Suggestions for how local

governments can promote

development of renewable energy

projects on Brownfield sites in their

communities

Comprehensive Appendix:

Publications, links, incentives,

stakeholder and industry groups

Making the Case for Renewable Energy

Redevelopment of Brownfield Sites

Many sites are large (100s to 1000s of acres)

Ease of acquisition (one to few owners; "no assemblage required")

Less likely to be met with opposition to "aesthetics"

Land use and zoning hurdles are diminished

Excellent infrastructure: Transmission lines, roadways, rail

Correlation between some larger Brownfield sites and proximity to underutilized work force

Inherent potential for community support (although not guaranteed)

Valid and Viable Market Surrogate for Conventional Real Estate Demand

Reusing Today‘s Fueling Stations

for Tomorrow's Fuel Part I

•Identifies and prioritizes siting criteria

•Applies criteria to "five most popular" alternative

fuels:

• Electricity

• Natural Gas

• Hydrogen

• Ethanol

•Biodiesel

• LA to San Fran: "Excellent" for all 5

• Seattle, WA & Eugene, OR: "Excellent" for E, NG,

Eth, and B

Part II

•Analyzes critiera and tools used to assess an

alternative fuel retail site at the local level through

case studies

•Utilized GIS mapping of existing infrastructure,

hybrid electric vehicles, LUST databases, Google

Maps, and other variables.

Part III

Steps to be taken after site is selected

Reuse Options for Petroleum

Brownfield Sites: Focus of

Sustained Design, Incentives &

Market Maker Initiative by US

EPA & National Smart Growth

Advocates

March 2012






Advocates

July 2011






Advocates

October 2009






Advocates

October 2008

(updated in 2009 and 2010)






Advocates

August 2003






Advocates

2002

Gas Station Reuse in the News

―Galesburg City Council adopts TIF 3 amendment for apartments,‖ The Register-Mail, June 18, 2012

http://www.galesburg.com/newsnow/x836134867/Galesburg-City-Council-adopts-TIF-3-amendment-for-apartments

Article discusses City‘s amendment of Tax Increment Redevelopment Plan to allow for development of former gas

station site into ―residential and business area.‖

City soliciting ideas to redevelop 13,500 square foot lot into 85,000 square feet of residential, community and retail

space.

―Dilapidated Lansing gas station piques interest of developer,‖ Michigan Live, June 13, 2012

http://www.mlive.com/lansing-news/index.ssf/2012/06/dilapidated_lansing_gas_statio.html

Interesting case study in the works. ―Graffiti covered building‖ and ―eyesore‖ located in Lansing is owned by Ingham

County Land bank, which ―takes possession of foreclosed properties, then sells them for redevelopment.‖ At least one

proposal being discussed ―could include apartments.‖

―Evanston to negotiate purchase of former gas station site, hoping to spur redevelopment,‖ Trib Local, June 12, 2012

http://triblocal.com/evanston/2012/06/12/evanston-to-negotiate-purchase-of-former-gas-station-site-hoping-to-spur-

development/

Another interesting case study in progress. Here, the City is actively working on acquiring the gas station site, which

officials think can be accomplished at a ―bargain‖ given the $213,000 difference between the property‘s estimated

market value of $340,000 and the pending purchase price of $127,000.











































http://triblocal.com/evanston/2012/06/12/evanston-to-negotiate-purchase-of-former-gas-station-site-hoping-to-spur-development/




































Vacant gas stations a challenge for Philly-area developers, The Philadelphia Inquirer, June 12, 2012

http://articles.philly.com/2011-06-12/business/29650130_1_gas-stations-station-closures-texaco-stations

This is a somewhat contrarian article with more emphasis on the significant redevelopment challenges (environmental

especially) than the significant real estate upside, but the following quote provides some good insight into gas station

redevelopment dynamics: ―‗For a small business, the cost of reusing a site for a gas station can be prohibitive. The

average price for putting in new tanks, pumps, and pipes is more than $200,000,‘ said . . . the executive director of the

New Jersey Gasoline-C-Store-Automotive Association. ‗It can easily go over $1 million if soil needs to be remediated.‘

That's why developers look for deeper-pocketed clients. First choice is a drugstore, said [an expert with] 40 years'

experience redeveloping gas stations. Drugstores pay the most rent, which allows for the easiest payback of the costs

to remove storage tanks and clean up the soil, if needed. If a drugstore doesn't work out, the next choice is a bank,

[he]said. Beyond that, developers turn to fast-food chains.‖

―How an abandoned West Side gas station went from real estate albatross to a hot property,‖ Michigan Live, June 8,

2012

http://www.mlive.com/business/west-michigan/index.ssf/2012/06/how_an_abandoned_gas_station_o.html

Another Michigan local government land bank gas station redevelopment story, this one discussing how ―the

contaminated and abandoned gas station‖ in Grand Rapids ―has gone from real estate albatross to hot property in the

past week‖ after one party announced they wanted to build a new hardware store on the site.















































―Edgewater Developer Daibes Auctioning Off Gas Station Sites,‖ Northjersey.com, July 17, 2012

http://www.northjersey.com/news/bergen/162683816_Developer_auctioning_off_30_properties.html?g

oback=%2Egmp_3607181%2Egna_3607181

Daibes began buying and redeveloping gas stations, mostly from Shell, about a decade ago, he

said.

"Some ended up being home runs for us, whether as bank branches or Starbucks or rebuilt as

gas stations," he said. He said Shell cleaned up any petroleum leaks at the sites before he bought

them.

The auction will sell off nine developed and 21 undeveloped properties. After the auction, Daibes

said, he will continue to own 150 to 200 old gas stations — including 50 in New Jersey — that

have been redeveloped as gas stations or for other retail uses.

Daibes' core business, building multifamily rentals, is the most active segment of the construction

market in New Jersey. Demand for rentals is up because so many homeowners lost their homes

in the housing bust, and because high unemployment and tight mortgage standards have made it

difficult for households to buy.

http://www.northjersey.com/news/bergen/162683816_Developer_auctioning_off_30_properties.html?goback=.gmp_3607181.gna_3607181






















Mayor Bloomberg and Other Housing Officials Announce Grand Opening of New Via

Verde Affordable Housing Development, LoanSafe.org, June 18, 2018

http://www.loansafe.org/mayor-bloomberg-and-other-housing-officials-announce-grand-

opening-of-new-via-verde-affordable-housing-development

Not a news account per se, but a press release and at 3,370 words and 36 paragraphs a long read . . . but an

important read, underscoring the proposition that from small things big things come. For those who are wondering

whether affordable housing can or should be done – small or large scale – on Brownfields in general and gas stations in

particular, this is also must read.

―The approximately $99 million complex includes three distinct building types: a 20-story tower at the north end of the

site, six-to-12 story mid-rise buildings in the middle, and three-to-four story townhouses to the south. The development

boasts 151 units of low-income rental housing and 71 moderate- and middle-income co-op units for a total of 222

mixed-income affordable units.‖

―The vacant 1.5-acre site where Via Verde now stands was conveyed . . . to the development team at a nominal cost to

help subsidize the affordability the project. There were several unique challenges to developing the site including its

unique triangular in shape and the fact that most of it was an abandoned railroad yard that lay below street-level. The

corner of the development site at East 156 Street and Brook Avenue was previously used as a gas station,

which, along with its former use as a rail yard, contributed to contamination severe enough to require

extensive remediation.

[An editorial note: We love this project because it combines so many of the most challenging, exciting, and rewarding

aspects of brownfields redevelopment: infill, development orientation towards transportation, environmental justice,

muscular collaboration between public sector and private sector stakeholders, cross-parcel contamination conditions

resulting from multiple sources, skyscraper-high levels of sustainable planning, design and construction, tireless and

brave public officials, innovative and fearless developers, creative capital stacking, major leveraging and economic

return on investment of tax incentives, the redevelopment of gas stations, and the reuse of Brownfields for

affordable/workforce housing.

http://www.loansafe.org/mayor-bloomberg-and-other-housing-officials-announce-grand-opening-of-new-via-verde-affordable-housing-development






































“A Clean New Life for Grimy Gas Stations” New York Times, July 11, 2012

In High Falls, a $300,000 renovation is changing a derelict structure to a colonial-style strip of yellow storefronts with

white trim that will be completed this summer. Then, charging pumps for electric cars will be installed where two gas

pumps once stood. The quick-charge pumps will offer free charging to store customers and anyone else. A wind turbine

affixed to a 30-foot ledge behind the station and solar panels atop the ledge will generate the electricity. The five

service bays have been converted to shops, and the garage doors replaced with storefront windows. The second floor

has been turned into 2,200 square feet of office space offering views of the nearby falls. ―People who come to a town

like this, they‘re looking for a memory to take home with them,‖ said Mark Robinson, who owns the property with

Ronald F. Faia. ―I‘ve always loved old gas stations,‖ he added. ―It‘s a view into American history.‖

Brownfields Has a “Brownfields” Problem

'Tis but thy name that is my enemy;

Thou art thyself, though not a Montague.

What's Montague? it is nor hand, nor foot,

Nor arm, nor face, nor any other part

Belonging to a man. O, be some other name!

What's in a name? that which we call a rose

By any other name would smell as sweet;

So Romeo would, were he not Romeo call'd,

Retain that dear perfection which he owes

Without that title. Romeo, doff thy name,

And for that name which is no part of thee

Take all myself.

The Brownfields Rose New Port Richey Hits The Brakes On Brownfield Plan, Tampa Tribune, Eric Horchy, 11/06/2011

“All seven speakers who stepped to the podium Tuesday night voiced anxieties about potential negative perceptions that

may come with making the city a brownfield, even the parts without contamination… In New Port Richey, the brownfield

designation would be called the New Port Richey Economic Incentive Area, an attempt to circumvent the brownfield stigma.‖

http://www2.tbo.com/news/news/2011/nov/05/pgnewo3-npr-hits-breaks-on-brownfield-plan-ar-300662/

Zephyrhills Meeting Erupts Over Brownfield, Tampa Tribune, Geoff Fox, 10/26/2011

―Councilman Lance Smith said environmental studies likely would be done on any property where a company wanted to

move or expand, "whether it's designated as brownfield or not. If it is a brownfield, it could be easier getting assistance to get

it cleared up," he said. "What's the downside? I don't like the stigma, either. I do think a different name would be better."

There has been talk of calling the zone an Economic Incentive Area.‖

http://www2.pascopress.com/business/business/2011/oct/28/wpnewso1-zephyrhills-meeting-erupts-over-airport-a-ar-

298594/

Critics Attack Brownfield Idea, St. Petersburg Times, Lisa A. Davis, 10/26/2011

―But some worry the brownfield label brings a damaging stigma.‖ http://www.tampabay.com/news/localgovernment/critics-

attack-brownfield-idea/1198574

City May Pursue ‘Blight’ Cash, ‘Brownfield’ Designation Could Bring State’s Millions To Orlando, Orlando Sentinel, Beth

Kassab, 05/24/2004

Sherry Gutch, of the city's economic development department, said Orlando would prefer the program's name be changed

to eliminate the stigma. In fact, Orlando changed the name of the city program in 2002 to Downtown Economic

Enhancement District.‖ http://articles.orlandosentinel.com/2004-05-24/news/0405240204_1_brownfield-downtown-area-

surrounding-areas































http://www2.pascopress.com/business/business/2011/oct/28/wpnewso1-zephyrhills-meeting-erupts-over-airport-a-ar-298594/































http://www.tampabay.com/news/localgovernment/critics-attack-brownfield-idea/1198574















http://articles.orlandosentinel.com/2004-05-24/news/0405240204_1_brownfield-downtown-area-surrounding-areas

























Brownfields at 15 – Teenager with Lots of Promise but . . .

Designation process is unclear and ambiguous

What eligibility criteria applies to jurisdictional local governments vs. site specific applicants

How many hearings are required to adopt a resolution and effectuate the designation

Does the local government have the discretion to deny a designation by site-specific applicants (should it)?

Is site rehabilitation and site development required by a site-specific applicant?

Is the Brownfield statute an environmental program or is it exclusively economic development (i.e., is ―actual‖ or

―perceived‖ contamination part of the designation criteria. It‘s perceived to be, but is actually?)

What is ―actual‖ contamination?

What is ―perceived‖ contamination?

What is ―complicated‖?

Should there be a different definition of ―Brownfield‖?

Should the statute be renamed entirely?

Stigma

Incentives

Ascendancy and Primacy of

Grassroots Organizations & CBOs

Ascendancy and Primacy of

Grassroots Organizations & CBOs

Environmental Justice Trends

and Issues What Measure of Equity is Due?

Informational: Outreach and Inreach

Health: Past & Future

Financial: Living Equity vs. Wealth Equity

Vision Equity: Planning & Design

Current EJ Mechanics in Florida Brownfields Redevelopment

Brownfields Site Rehabilitation Agreement ("BSRA")

Florida Brownfields Association

Self Help

Developer Good Will

Evolving EJ Choreography

Historically Reactive and Ineffective

Regulator Reform

Ascendancy of EJ & Grassroots Advocates (mainly elsewhere)

Next EJ Battleground (Launching Pad)

Renewable Energy

EJ Foot Soliders

Diversity in the Environmental Profession