The BUILD Act (Brownfields Utilization, Investment and Local Development) was signed into law in March 2018 and is the first major legislative change to Brownfields since passage of the original statute in 2002. Specific changes include: increased eligibility for funding, additional liability protections, and changes to grant programs, just to name a few.
Join Kansas State University Technical Assistance to Brownfields Program for a free, National TAB webinar, on Wednesday, May 9 at 1:00 pm (Central), to hear about how the BUILD Act will improve the national brownfields program and support community brownfields revitalization. The webinar will feature officials from U.S. EPA, a local community, national brownfield experts, and the coordinator of the National Brownfields Coalition. Click here to register and visit the event web page to get more information about this May 9 BUILD Act webinar.
Financing can make or break a redevelopment project; however, lenders are often wary of the environmental liabilities associated with brownfields redevelopments. In order to encourage lenders to finance these projects, Wisconsin state law exempts lenders from environmental liabilities for a range of lending activities, if they meet certain statutory conditions.
In its 2015 report, Investing in Wisconsin, the Brownfields Study Group (BSG) recognized that Wisconsin’s liability exemption for lenders had recently turned 20 years old, and noted that the lending industry had evolved significantly over those two decades. The BSG recommended that a subset of the group meet with stakeholders to examine whether the exemption remains useful and relevant in light of current lending practices and regulations.
Between May 2016 and April 2017, a group of Wisconsin DNR personnel, lenders, attorneys, and trade organizations met five times to discuss, in a public forum, the various components of the state’s lender liability exemption and analyze whether the current exemption meets the needs of lenders and the public. In April 2017, this group of professionals formed a list of recommendations for the BSG, which will consider the proposed items at an upcoming public meeting.
During this effort, the Wisconsin DNR renewed its outreach efforts and strengthened partnerships with the lending community. The Wisconsin DNR reviewed its lender factsheets and updated and republished several guidance documents. The Wisconsin Bankers Association helped the Wisconsin DNR reach the WBA members by authoring informational articles in its membership publications and by distributing Wisconsin DNR’s guidance at its compliance forums, and including information in teaching materials for its compliance courses. Wisconsin DNR staff continue to reach out to bankers and lenders at statewide conferences and via Green Team meetings.
In June 2017, the city of Oshkosh received the final Wisconsin DNR approval of the remediation of the former Mercury Marine facility on the Fox River. In 2006, the city acquired the closed facility from Mercury Marine with hopes to convert the property into a new and improved community asset. The city used EPA brownfields grants for assessment and cleanup work on the properties as well as state, city, and private funding.
A new riverwalk provides additional community access to the waterfront.
This property housed industrial facilities since the mid-1800s. Past uses of the land include a lumber business, candle company, and a bulk fuel tank farm. The site was then owned by the Kiekhaefer Aeromarine Company who then sold it to Mercury Marine in the mid-1970s. A range of contamination types were identified at the site as well as several feet of waste fill across the entire property. Metals, petroleum contamination, and chlorinated compounds were identified in the soil and groundwater.
The city removed much of the contamination while using buildings and parking lots to serve as a cover over the residual contaminated soil. In addition, the cleanup included an innovative approach where they left one area of heavily contaminated soil under a newly created, city owned, small park. This park serves as a protective barrier, saves project funds and creates additional public green space. This park connects to a new public riverwalk and piers along the river. The city partnered with a private developer to build three high quality apartment buildings, two specifically for senior residents. The site went through the DNR’s Voluntary Party Liability Exemption (VPLE) program and received a Certificate of Completion in August 2017 which provides liability protections for current and future property owners.
The RR Program recently updated a fact sheet on the state’s off-site environmental liability exemptions, When Contamination Crosses a Property Line: The Off-Site Environmental Liability Exemption – Wis. Stat. §§ 292.12 and 292.13, Rights and Responsibilities of Off-site, Affected Property Owners, RR-589 Please recycle old versions of this DNR document and reference to the updated document moving forward.
The update also includes content from and replaces, a publication titled, What Homeowners, Lenders and Realtors should know about Off-site Contamination, RR-927. More information about the off-site exemption, and RR Program contacts, are available on the DNR’s web page, Off-site contamination – contamination that crosses property lines.
Applications are due April 9 for the 2018 Wisconsin RPCs and DNR Great Lakes Basin Tree Planting Grant Program. The goal of the program is to increase tree planning in Wisconsin to mitigate the effects of the emerald ash borer and to help reduce runoff in urban communities. Phytoremediation efforts may be eligible.
All communities within the Wisconsin Great Lakes Basin are eligible, but this program will particularly target projects in communities:
- Within emerald ash borer quarantines
- Within watersheds with surface water quality concerns
- On tribal lands
- Within communities that are members of a Regional Planning Commission
- Within areas of concern (AOCs) for beneficial use impairments
- In Tree City USA communities
Just over $120,000 is available to help fund projects ranging in cost from $1,000 to $20,000.
Many communities in Wisconsin have properties with known or suspected contamination that could benefit from environmental assessment to help move those properties from underused to productive. The Wisconsin DNR’s Remediation and Redevelopment Program may be able to help.
Through the Wisconsin Assessment Monies program – or WAM – the DNR provides professional environmental site assessments to local governments, tribes and to private entities in select circumstances to help them to turn properties around and ready them for new uses. Participation in the WAM program requires minimal effort by local governments. Because there is no financial match or project administration involved, the award is an attractive opportunity for communities.
Applications for WAM services are accepted on an ongoing basis. Properties eligible for funding include closed or closing manufacturing plants, or vacant land with a history of manufacturing. Gas stations, dry cleaners and salvage yards are not eligible. Sites assisted by WAM are generally less than 10 acres and have petroleum or hazardous substance contamination that can be assessed for less than $35,000.
Please call Tom Coogan, the WAM program administrator, at 608-267-7560 or email Tom to discuss eligibility requirements or for more information.
Registration is now open for the 2018 Brownfields Conference for Local Government: Revitalization Tools and Techniques – Getting to Groundbreaking, coming May 10 to the Stevens Point Holiday Inn Convention Center.
This day-long event will cover a variety of cleanup and redevelopment topics of interest to communities across the state, including:
- Local government success stories and lessons learned
- The real estate developer’s perspective
- The DNR’s brownfields toolbox
- Federal and state resources for brownfields redevelopment
- Environmental consultant and community relationships
“The DNR’s Remediation and Redevelopment program is honored to once again host local government officials and non-profit representatives at this event,” said Christine Haag, Brownfields and Outreach Section Chief at the DNR. “We enjoy strong partnerships with many communities across the state. This conference is a chance for us to come together and share the collective knowledge and skills regarding the community’s role in environmental cleanups and the productive reuse of brownfields.”
Registration for the 2018 Brownfields Conference for Local Government is limited and reserved for government officials and non-profit representatives through April 15 at the rate of $35. The following day, registration increases to $50 and is open to all guests. (Please note: technical topics will not be discussed during this conference; Consultants’ Days events will return in the spring of 2019.)
To learn more about the conference and to stay up to date with the latest information, please visit the RR Program’s conference and training web page.
The cleanup and redevelopment of the former Mirro Aluminum factories in Manitowoc recently garnered the city an Environmental Protection Agency (EPA) brownfields award during the recent National Brownfields Conference, held December 5-7 in Pittsburgh, Pennsylvania.
Receiving the EPA award is Nicolas Sparacio from the city of Manitowoc. He is flanked by Michael Prager, RR Program Land Recycling Team Leader, Margaret Guerriero and Yolanda Bouchee-Cureton, both from the EPA.
The EPA recognized the city for its outstanding efforts to clean up and redevelop two former factories that the city was left with when the Mirro Aluminum Co. closed its manufacturing plants in Manitowoc in 2003. Through persistence and hard work, the city has been successful in transforming the former Mirro Plant No. 3 into loft apartments targeted towards the veteran community and artists. In addition, the city achieved a huge milestone by completing the demolition of the massive Mirro Plant No. 9 and preparing the land for development.
The Wisconsin DNR’s RR Program assisted with Manitowoc’s Mirro cleanups by providing both financial and technical assistance. A summary of the Mirro apartments project can be found in the Program’s 128a Mid-Year Report for 2015-2016.
To learn how RR staff can help with your community’s revitalization efforts, contact your regional Land Recycling team member and request a “Green Team” meeting.
The National Fish and Wildlife Foundation (NFWF), along with private and public partners, is accepting applications for the 2018 Five Star and Urban Waters Restoration Program.
The Five Star and Urban Waters program will award approximately $2 million in modest sized grants nationwide. Local governments and non-profit organizations can apply for this funding that can be used to assist with restoration of urban waterfront areas.
Applications are due January 31, 2018.
All application materials must be submitted online through the National Fish and Wildlife Foundation’s Easygrants system.
Last November, the Governor signed 2017 Act 70, which modified Wis. Stat. ch. 292 (Wisconsin’s “Spill Law”) to help encourage brownfield cleanup and redevelopment. The Act was based on recommendations made by the Brownfields Study Group in its 2015 report, Investing in Wisconsin.
Modifications to the Spill Law include:
- Clarification that the off-site liability exemption applies if there is vapor intrusion impacting an off-site property (Wis. Stat. § 292.13(1m))
- Changing the definition of “property” as it is used for Voluntary Party Liability Exemption (VPLE). The new definition is “…an area of real property that is included in an application to obtain an exemption under this section, made up of a legally identifiable parcel or legally identifiable contiguous parcels created in compliance with applicable laws.” (Wis. Stat. § 292.15(1)(c))
- Specifying the process for changing the footprint for the VPLE “property” after an application has been submitted if the “property” is subdivided, combined with other properties or otherwise changed. (Wis. Stat. § 292.15(2)(at))
The DNR’s Remediation and Redevelopment Program’s role with brownfields redevelopment is not directly affected by many of the other provisions in the Act, such as changes to tax incremental districts (TID) requirements for environmental remediation; expansion of the property-assessed clean energy (PACE) financing option to include brownfield revitalization projects; expanded options to address tax delinquent brownfields and other provisions.
Program staff will make necessary changes to VPLE documents and webpages and work with the program’s Land Recycling Team to identify other actions needed to implement the changes.
More information on the bill, including descriptions of the provisions in the Act, can be found in Senate Bill 173.