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.
Office: (305) 777-1682
Cell: (305) 962-7669
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
Most Number of Grants
Clay County DA (2)
Miami Model City (2)
Plant City CRA (2)
Largest Grant Award (Single
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
Total Number of Award
Recipients
5
Total Grants
17
Total Dollars
$7,600,000.00
First Year Grant Awarded
1998
Most Recent Year Grant
Awarded 2011
Most Number of Grants
Treasure Coast: 6
Largest Grant Award (Single
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
Total Number of Award
Recipients
1*
Total Grants
2
Total Dollars
$799,996.00
First Year Grant Awarded
2009
Most Recent Year Grant
Awarded
2011
Most Number of Grants
Equal
Largest Grant Award (Single
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.
Come on in, the water‘s fine! Federal Program Metrics
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.
Come on in, the water‘s fine! Federal Program Metrics
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
Reuse Options for Petroleum
Brownfield Sites: Focus of
Sustained Design, Incentives &
Market Maker Initiative by US
EPA & National Smart Growth
Advocates
July 2011
Reuse Options for Petroleum
Brownfield Sites: Focus of
Sustained Design, Incentives &
Market Maker Initiative by US
EPA & National Smart Growth
Advocates
October 2009
Reuse Options for Petroleum
Brownfield Sites: Focus of
Sustained Design, Incentives &
Market Maker Initiative by US
EPA & National Smart Growth
Advocates
October 2008
(updated in 2009 and 2010)
Reuse Options for Petroleum
Brownfield Sites: Focus of
Sustained Design, Incentives &
Market Maker Initiative by US
EPA & National Smart Growth
Advocates
August 2003
Reuse Options for Petroleum
Brownfield Sites: Focus of
Sustained Design, Incentives &
Market Maker Initiative by US
EPA & National Smart Growth
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.
Gas Station Reuse in the News
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.
Gas Station Reuse in the News
―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.
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.
“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
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