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welcome everyone and thank you for joining us today for this presentation on brownfield's liability relief programs we're very excited to have our guest speakers mark lewis the brownfields coordinator for the deep benue chandi the deputy director of the decd's office of brownfield remediation and development and alexandra dahm the deputy commissioner of the decd assisting us with this presentation is alicia washington director of marketing at hrp alicia will be managing the zoom platform in the background over the next hour i am scott kuhn your moderator today and a vice president and practice leader with hrp i'm very pleased to be hosting this event the redevelopment of brownfields continues to be so important revitalizing distressed properties while creating substantial economic value for local communities i've had the pleasure of working with mark and venue over the years and i'm always impressed by their forward thinking and the added value they bring to all the connecticut redevelopment projects just a few housekeeping items before we get started today there'll be a lot of content presented over the next hour we ask that everyone keep your cameras off and remain muted during the presentation so that we can finish on time if you think of questions that you would like to ask please type them into the chat which is located at the bottom of your zoom screen at the end of the presentation i will field questions to the speakers for any questions not addressed during the q a session we will provide answers via email after the presentation if you are having technical difficulties or have need of assistance feel free to privately message alicia washington in the chat and she will take care of your request without further ado good morning everyone thank you to scott and alicia for organizing this event and thanks to all of you for signing up in today's presentation i'm going to talk about why dcd is involved with brownfield redevelopment our mission and accomplishments are current programs and funding opportunities and some success stories so in the past factories and mills drove the creation and growth of connecticut cities and towns many of these facilities operated before the existence of environmental laws thus leaving behind significant environmental contamination and hazardous waste and in many cases these properties have been left abandoned for decades and the original polluter is long long gone there are thousands of such abandoned and dilapidated properties languishing in nearly every city and town in connecticut these sites are market failures requiring public investment to be resolved and that is where dcd with its mission for economic and community development steps in now cleaning up connecticut's brownfields is an important component of our agency's economic development agenda by cleaning up brownfields and encouraging brownfield redevelopment we are creating jobs and economic growth addressing public health issues helping with downtown revitalization conserving open space agricultural lands and green fields and assisting with historic preservation now our office's main mission is to offer financial and technical assistance for brownfield redevelopment and to bring back as many sides to full economic health and productivity the state has been consistently committed to brownfield redevelopment since 2011 we have invested over 200 million in brownfield redevelopment taken up over 230 investigation and cleanup projects in over 72 municipalities we have assessed or cleaned up 3 thousand acres that is the size of the city of derby and in the course of doing so we have created approximately fifteen thousand construction jobs and three thousand permanent jobs over the last few years we've had a robust program our office is a one-stop shop for all things related to brownfield redevelopment and we work in close collaboration with the deep or the state agencies and the epa now this map demonstrates the extent of our funding impact across the state moving on to our programs and funding opportunities over the years we've developed a suite of tools to help with brownfield investigations remediation and redevelopment we have our two funding programs the grant and the loan program the liability relief program and the brownfield land bank program now mark lewis from deep will be covering the liability relief programs i would first like to focus on our two funding programs and the recent grant and loan offerings that we announced the two programs rely on legislative authorizations and in the past few years we've steadily been receiving approvals of approximately 20 million per year to fund these programs since today's audience i believe is mostly developers i'll first start with the targeted brownfield development loan program now this program was set up to attract potential developers to undertake brownfield redevelopment by offering low interest loans something which banks may be reluctant to offer financing for redevelopment of sites where there are contamination issues due to the unpredictability of receiving regulatory approval from d in the past developers could walk into dcd and request a loan under this program an application form had to be filled out along with a redevelopment plan d city would award the funds as long as the project was competitive in terms of economic development and satisfied some basic underwriting criteria the issue with that approach is that we were not able to control availability of funds often a good project would come forward but there may have been no funding available also projects were not compared against each other so now we are moving to a competitive rounds model for this program where we are hoping to schedule two regular model uh two regular rounds per year so we recently announced a loan round that's round 13 on december 21st the deadline for the pre-applications just passed it was january 25th the award decisions will be made by the end of april and we're expecting to announce the next loan round sometime in may june of this year so some of the features of the loan program are that it's open to potential brownfield purchasers and property owners who are not responsible for the property contamination the maximum loan amount uh that can be awarded is four million or the maximum loan amount that you can apply for is four million the offered rate in this current round is three percent with flexible deferred repayment that can be negotiated on a case-by-case basis the loan term offered is up to a maximum of 30 years to match the private debt financing terms the minimum debt service coverage ratio that is the gross rents minus certain expenses has to be 1.15 other criteria that we do not offer loan forgiveness in round 13 although there is statutory provision for the commissioner to offer that in future rounds the loan will have to be fully repaid on permanent refinancing and we are requiring a minimum developer equity of at least 10 percent of the total project cost so equity could include assessment costs local bonding cash administrative expenses pre-development expenses property acquisition costs deferred developer fee and other investments by the applicant now the scoring criteria for selection of a project the total is out of 100 points this includes 20 points for shovel readiness which includes completeness of the remediation and redevelopment plan 40 points for economic and community development impact whether a project is located in a distressed municipality a targeted investment community public investment community or opportunity zone increase in property value tax contributions job creation support of these series other economic initiatives and economic development strategy now 30 points for financing details that's the loan to value ratio the developer equity and private leverage of dcd funds and 10 points for applicant experience with completing similar projects on time and within budget the bottom line is that this year it will be more focused on the primary mission of bringing brownfields back to economic productivity how the project benefits the community and maximizing the rate of return on taxpayers investments by the way there is a statutory requirement under our brownfield program that we give preference to projects in opportunity zones and deputy commissioner daum will be talking about the opportunities loan program in her presentation now our funding is very flexible eligible users run the gamut from investigation abatement demolition disposal remediation institution controls planning attorney fees and building and structural issues so moving on to the grant program developers are not eligible to receive grants directly under the municipal grant program however developers are welcome to partner with grant eligible entities such as municipalities economic development agencies brownfield land banks etc so we are highly encouraging these public private uh partnerships we have noticed that successful and cost efficient brownfield redevelopment projects are those that have a developer with a redevelopment plan so the round 13 deadline for submission of the grant pre-application form is february 16th so there is still time to submit a pre-app under the grant program for this round the funding availability in this round is 9.5 million and in this round the maximum possible amount that you can request for is 2 million and compared to the loan program which is 4 million so the scoring criteria for the grant program is very similar to the loan program we have 10 additional points if a developer has been identified and the applicant's team's skin in the game is considered also that is the applicant or the developer team's contribution also carries weight now for those familiar with our previous application process i want to highlight some of the latest changes for starters we have new application forms please visit our website which is and go to the respective program pages we're also introducing a pre-application step where we will be filtering projects based on statutory eligibility so you will see questions such as is the project of brownfield is a potential applicant responsible for contamination will the potential applicant have access to the property to do the work are there any liens on the property etc now i want to highlight something about the brownfield definition so the connecticut general statute defines brownfields as any abandoned or under utilized site where redevelopment reuse expansion has not occurred due to the presence of potential presence of pollution in the buildings soil or groundwater that requires investigation and remediation before or in conjunction with the redevelopment reuse expansion of the property so dacd will be making sure that the proposed project meets this statutory definition of a brownfield projects proposed on sites that do not meet the statutory definition of a brownfield will not be considered for funding now some aspects that dcd will consider in determining whether a site meets the statutory definition of brownfield include but are not limited to whether the property is abandoned or underutilized and whether the presence or potential presence of pollution is the primary obstacle preventing the site from being redeveloped reused or expanded given the condition of the site now please look out for the notice of funding availability and the frequently asked questions document that provide information on funding amounts about criteria deadlines for submission again this is on our website i want to briefly talk about our land bank program because this is a potential entity you could be partnering with on your project now brownfield land bank is a non-stock corporation certified by the dcd and backed by at least two municipalities and can operate and conduct activities related to brownfield redevelopment that otherwise would be a liability for a municipality so basically a brownfield land bank can acquire retain remediate and sell brownfields for the benefit of member municipalities and can engage in all other activities required for assisting with redevelopment of a brand faith land banks can reduce liability exposure due to state and federal regulations now brown free land banks can also apply to all of dcd obrd grants and loans and the liability relief programs thus there is a potential for a developer to partner with them in obtaining a grant three brownfield land banks have been certified to date the connecticut brownfield land bank inc the new colony development corporation and the eastern connecticut land bank i would like to emphasize that the three brownfield land banks have proved to operate anywhere in the state moving on to some success stories around the state brownfield funding was combined with other public funding and private financing to read web brownfields in these on on these sites now this is a picture of brownfield cleanup work in the south end in stamford dcd invested in approximately 16 million in various projects and faces of this multi-phased mixed-use tod project the harbourpoint project leveraging over 1.5 billion in investment by the blt company brownfield fund supported remediation of over 90 acres of property occupied by the former yale and town pitney boasts northeast utilities petrol fuel and the manger electric properties all of these properties have been transferred from empty brownfields into productive modern tax generating uses the development overlooks stamford harbour and consists of more than four thousand residential units a hotel complex are the retail office and commercial space it's a half mile walk to the stamford train station and is home to the world headquarters for several fortune 500 companies so the next example is from the city of bridgeport brownfield loan of offer over a little over a million was awarded to the bridgeport historic ventures llc and was used for environmental investigation partial demolition and interior abatement of the 1904 abandoned security building which was one of three interconnected historic and vacant buildings the harrell the security and the wheeler buildings in downtown north historic village district of bridgeport these buildings have been redeveloped into the hsw building 11 000 square feet of commercial retail space on the ground flow and 70 market rate and affordable residential units on the floors above the next example is from the capital city built in 1902 and abandoned in vacant since 1985 until it was redeveloped in 2017 2018 this is the former cape vale horse nail factory in hartford contaminants including asbestos lead volatile organic organic compounds and heavy metals as well as pcbs where dealt will dc provided a 3.5 million low interest loan to the developer cil corporation for independent living for abatement and remediation and the property is now called cap caper lofts was redeveloped into 72 units of housing including 15 affordable units and 5 000 square feet of commercial space thank you everyone and i know we are going to take uh questions at the end of the three presentation i'll now hand over uh to uh alexandra good morning everyone thank you for having me and the new thank you for being wonderfully thorough as always that this program would not be able to take one step forward with that venue so we're we should all be very grateful to her for her amazing detail if you can go to the next slide please great so i'm tasked with sort of uh the the extra bonus programming today obviously we're mostly talking about brownfields but that would be a good opportunity since there is a lot of overlap between in our state in particular there's a lot of overlap between the types of sites the news discussing brownfield sites um and you know typically that mill type site where we were looking at and opportunity zones and so we thought it might be a good chance to give people just a bit of a introduction i'm gonna i'll warn you i'm gonna give a 101 so for folks who are familiar with the program this will be a bit of it'll be repetitive but we thought it'd be good to give a bit of a 101 of the federal program and also what connecticut is doing to encourage investment within within opportunity zones so for those not familiar to opportunity ones is was part of the federal tax and tax cut and jobs act in 2017 and really this is people ask me how did elevator pitch the opportunism program as it is a large part of a large part of what we think about it decd but the elevator pitch is really if you have if your client if your investor developer has capital gains they can defer paying taxes on those capital gains until 2026 if they invest the amount into a qualified opportunity business or property in this case obviously i'll focus on property given the topic of today's webinar and then in addition to deferring paying the capital gains on the previous the tax on the previous capital gains they can also get reduction in and potentially complete elimination in the taxes they would need to pay on future capital gains on the investment that's made today in the qualified opportunity property ideally in a brownfield i think that covers this slide yep we'll go to the next one please video so i want to mention as i said opportunity zones are a huge priority for decd i want to mention some of the ways in which we're trying to encourage investment encourage economic activity within our opportunity zones and we have 72 opportunity zones in 27 municipalities in the state which does cover a nice a nice chunk of our a nice chunk specifically of our urban areas in particular we did we passed a public act 1954 and it really drives home the legislature's priority on uh that they're placing on opportunity zones and decd is tasked with enacting many of the portions many of the initiatives within that act for example uh the deputy commissioner that would be me i'm the primary contact for all oz programs from the from the feds if they want to know what's going on in connecticut and opportunities they reach out to me and we any anyone in connecticut should also think of me as the primary contact for opportunism programs we hold office hours once a week every thursday afternoon and get a really amazing variety of small business owners large investors property owners municipalities economic development professionals who come in who sign up to just ask you know 15 minute question about whether they're new to the program or very very well informed and have a specific question about connecticut please please feel free to take advantage of those of those office hours and they're posted on our website which i believe there's a link for that in a couple slides so we are the private decd and i mean in particular we are your contact as it relates to anything opportunities unrelated in connecticut we are also required and happy to happy to fulfill this requirement we are required to give preference to brownfield projects located in an opportunity zone and you mentioned that as she went through the criteria the scoring criteria for the for the application that's open now and it's also that that same premise applies in historic tax credits and other investment tax credits that the ecd manages those all also provide a benefit i call it bonus points uh these are all competitive programs and so if it properties that are in projects properties that are in opportunity zones are more competitive as a result of the in opportunity zones we fourth bullet here you know we this is something that we spend a lot of time doing hard to hard to quantify hard to track but we spend a lot of time trying to introduce businesses to investors or property owners to developers and again that's where the office hours come in you know please let us know if that's you have an idea if you're looking to invest if you're a property owner etc and maybe there's a match up there that we are aware of it's imperfect i wish i had a database of every business or every property that's looking for funds in in the state but we're working on it we're trying to we're trying to create some good institutional knowledge and match folks together and then lastly we we've conducted a study and with all the other agencies that touch opportunity zones in particular deep is um is instrumental often in permitting we on how the state can incentivize the use of the program so a lot of what i've mentioned today came out of that study and helping us and every state is working on this and i think he's doing a good job you know every studies every state is trying to figure out what is it that the state can do to incentivize activity when really the benefits come on your federal tax returns so there's we're in a position of not having all the power but trying to influence trying to stimulate with what the tools that we do have at our disposal and so i think we're doing a good job of that so far and i hope that you all take advantage of this take advantage of opportunities own advantages and tax benefits if possible and if nothing else you know at least it will help being located an opportunity will help with all the other funding programs that decd has go to the next slide this is just a map to show you where they're located it's somewhat predictable in in that we're clustered around our urban centers for the most part with a few exceptions and there's a lot more details if we can go to the next slide hopefully yeah there's the link right at the top of the page so there's we have great resources on our connecticut opportunities on website including a decent database of projects that we're always working to are always working to expand i say projects i mean really property real estate property that's in opportunity zones that's looking for investors that's looking for development along with a whole other host of all their host of resources so i think that is my last slide and i'll end there excellent yep there's my contact information very good news and um depending on whether it's brownfields or opportunities we are at your disposal i put on the cover of my presentation the former u.s baird factory on stratford avenue in stratfor that has become the largest brewery in connecticut and i have been there they have very tasty beer and that is a real growing trend in cleaning up brown fields making them into breweries and if nothing else holds your attention thinking about the fact that brownfields can become breweries is a great thing next slide please my philosophy about brownfields is kind of summarized by this this slide fields are a resource for the future and also a link to our past you may be familiar with weir farms historic national historic park in wilton and ridgefield and it is our only state park right now it's our only state park and it was the home of the famous landscape painter jay alvin weir he painted this picture of the romantic thread mill in 1893 the original of this picture is hanging in the brooklyn museum of art it turns out that mr weir although he lived in uh in wilton and richville for a long time he married a woman from windham and paint this picture the window mills was cleaned up and doesn't look that much different from what it looked like in the late 19th century the message here is if brownfields could be a resource back in the 19th century there's still a resource today next slide please the definition of a brownfield the new did a great job in covering the statutory definition in state law the brownfield i would just emphasize that not every contaminated property is a brownfield if a property is being cleaned up by a company and is still in active use and this might be in say our property transfer program or if the company is just doing the cleanup without actually formally being enrolled in the program then the site is probably not a brownfield the key is that the contamination or the perceived contamination is a barrier to the reuse of the property next slide please why clean up brownfields again bennu did a great job in covering why we want to clean up brownfields i would argue that the most central reason is that it protects the environment and it strengthens the economy some people have argued that protecting the environment and and economic development economic advancement are at conflict with one another i would argue the opposite you can't have a healthy economy without having a healthy environment next slide please state cleanup requirements whether they're in one of our brownfield programs or whether they're in the property transfer program the volunteer remediation program or any of our other programs are all defined by our mediation standard regulations those regulations apply to all cleanups they define the cleanup endpoints the regulations are 60 or 70 pages long and they're very complicated and technical once your dep teaches a day-long course in the ins and outs of their mediation standard regulations we're not going to get into that today but just think of their mediation standard regulations as a tool box for getting sites cleaned up they define how you get the sites not how you get the sites cleaned up but what the endpoint is next slide please one of the first tools in our toolbox for protecting potential developers of brownfields from liability is the covenant not to sue there are two types or flavors of covenants not to sue one's under connecticut general statute 22a-133a this is transferable to a new developer it gives a lot of protection the two main protections are if after the site is cleaned up the regulations become more strict you are absolved from further liability or if after doing a great job investigating a site and cleaning it up you find some contamination that just was not previously discovered and the example i always use for this is an underground storage tank that you stumble across in a later phase of construction you won't have to clean that up and you have to pay a fee equal to three percent the appraised value of the property appraised as if it's not contaminated you can think of that as an insurance premium that's compensating the taxpayers for the risk that they're undertaking by extending that protection it's free to municipalities and for private sector folks if paying that fee is going to be a hardship we can set up a payment plan for it basically there's also a covenant not to sue under 22 a 133 bb this is not transferable to a new entity and it offers less protections and it actually doesn't have a fee i haven't seen a whole lot of covenants not to sue under 22a133b next slide please the abandoned brownfield cleanup program venue briefly mentioned that that's run by the department of economic and community development and this is a liability relief program that and to get into this the property has to either be abandoned which is pretty much what it sounds like or significantly underutilized for at least five years and significantly underutilized it's kind of in the eye of the beholder an example might be a mill that was partially occupied and partially vacant and the businesses in it have been winding down for some period of time if you have questions on this on eligibility i would encourage you to reach out to decd the new or to me and we can work through this it has to be well there's a whole bunch of other qualifications here but one of the big things is that you have to apply to decd and be accepted into the program before you take title to the property we've been telling people to allow us two months to complete and complete the vetting of the application sometimes we can do it more quickly but right now we actually have a lot of programs in in the waiting room for this program and it's taking probably closer to 60 days once you acquire the property you have to enroll in the eep's voluntary remediation program and you have to remain in that program and you'll clean the site up under that program there's a 3250 fee for that program the benefits of this are first of all you're exempt from the property transfer program if the site happens to be subject to property transfer program you don't have to investigate or clean up any contamination that is emanating from the site you do have to stop contamination that's emanating from the site but again you don't have to clean it up the most common example of this would be groundwater contamination that's originating from your site and flowing off the site but it could also be things like contaminated sediment things like that you also are exempt from liability to third parties this is really more of a legal defense against the liabilities of third parties let's say somebody sues yuma says that the contamination on the site has injured me in some way either that's financially or is actually injured my health the other benefit of this is once the site is cleaned up you can get a covenant not to sue under 22a133a and you don't have to pay the fee that a couple of slides ago i said that normally would be three percent of the value of the property appraised as if it were not contaminated next slide please we also have the brownfield room uh one more back please there you go the brownfield radiation revitalization program is also a decd program it's similar in a lot of ways to the abandoned brownfield cleanup program we call that the abc program you need to be a bonafide prospective purchaser which is the most common route into the program an innocent property owner or a contiguous landowner something i want to point out here is that the innocent property owner municipalities are by statute innocent property owners as long as the contamination isn't something that they caused so the most common use of this is if municipality acquires a property and wants to clean it up and redevelop it municipalities as innocent landowners can get into this program after they take title to the property otherwise for bona fide prospective purchasers again they have to apply and be approved before taking a title and similar to the abandoned brownfield cleanup program please allow 60 days from the time you submit your completed and good application for us to turn this around again you don't have to investigate off-site contamination or remediate off-site contamination but if something is migrating off the site you have to stop it from migrating off the site you'll have to investigate and clean up the site within the site boundaries you get again that exemption from state of liability and third-party liability as long as you do what you said you're going to do you're again exempted from the transfer act for this program there is a fee that is equal to five percent of the value of just the land based on the most recent municipal grand list not including buildings or other improvements so it's a really easy calculation just look at the assessor's card and you'll know what the fee is going to be and that's payable in two installments one is due six months after you take title to the property and the others do four years after you're accepted into the program and something that's actually really important is there's no fee for municipalities if a municipality acquires a site and flips it to a developer they won't pay that fee when they flip it to a developer the developer will pay the fee someplace down the road between the two programs the abandoned brownfield cleanup program is a little bit simpler and more straightforward the brownfield mediation revitalization program has a few more bells and whistles one of the big bells and whistles of brownfield mediation revitalization program is it has a clause that allows the protections to be transferred from the original party that was accepted into the program to let's say a developer acquires a site cleans it up and then transfers it to somebody else that's actually going to operate apartment buildings on it that somebody else that they transfer to can apply and be accepted into this program as long as they can show that they didn't cause the contamination or have any relationship with the person or persons that did cause the contamination next slide please the municipal brownfield liability relief program is actually run by deep and as the name implies it's open to municipalities it's also now open to connecticut brownfield land banks and to municipal development corporations they can't be responsible parties the application is really simple i'd say allow a month from the time they'll receive a good application it exempts you from third-party liability and from the transfer act this is not a cleanup program this is a holding pattern for municialities or land banks to acquire a site and then either figure out what they want to do with it long term or and or find a developer to get the site cleaned up you need to submit a plan and a schedule to quote unquote facilitate the investigation mediation and redevelopment of the site and this is something that we can work with you on for any one of these programs again i would encourage you when you're in the very early stages of looking at the site reach out to the new at decd or reach out to me and we are very happy to set up a meeting with you if you're a municipality if you're a developer or whoever and one of the benefits also of these programs is that one of my jobs as the brownfields coordinator is to do exactly that coordinate within deep if somebody needs an application for a discharge permit or something like that it's my job to make sure that the application is not sitting on somebody's desk for too long and to keep things moving not that anything would ever sit at anybody's desk at the epp dep for too long but in the theoretical that that did happen that's my job to make sure it doesn't happen for too long next slide please there's also a statute kinetic general statute 22a133d that gives municipalities access to properties to investigate them for brownfield redevelopment purposes and there's five different things they're all here on the screen or there's five different ways that a site can qualify for this and first if the owner can't be located this would be the classical mill where the owners are long gone if the municipality has a tax land on the property if the municipality has filed a notice of eminent domain to take the property that way or the last two are if the municipality finds that investigation is in the public interest to determine that the property should be redeveloped i'm sorry i'm reading this to you but here we mean the legislative body the municipality this would be the town council the city council the board of selectmen somebody like that or the last instance is if the municipal official determines basically that getting out of the property is necessary to protect human health or the environment and this is where municipalities exercising its police power to protect human health or the environment that could be the building official that could be the director of health it could be the fire marshal it could be really pretty much anybody and the municipality must give 45 days notice by sending a certified letter to the last known address of the person that owns the property and the only way that the owner of the property can keep the town or the city off of the site is by filing a suit in superior court and if they owe taxes they have to pay the taxes and they also have to show that they are doing the same investigation the town was going to do and have to provide a copy that investigation when it's done this statute also protects leps licensed environmental professionals that do this work on behalf of a town this is a very powerful statute we are not always directly involved with this it happens to be in title 22a but the eep is not really directly involved with these all the time i would say though if you are a city or a town that is thinking about using the statute to get onto a property please give us a call and there's probably other things that decd and dep can help you with and this actually is also available to connecticut brownfield land banks next slide please one of the most important things to think about at redevelopment of brown fields is flood minute flood management certifications i have the statutory citation up here this is not directly a dirty dirt contaminated property type thing but basically anytime the state is putting money into a project and that is whether it's decd the department of housing or any other agency there has to be a flood management certification if the site is in a flood zone and critical activities critical activities most often are housing but it could be schools it could be a hospital hazardous waste storage things like that have to be above the 500 year flood elevation and you have to have dry entry and exit that is a way to get in and out that is above the 100-year flood elevation and the thinking behind this is that it's great that a site is above the 500-year flood elevation but if you're on an island during a flood you can't get in or out that could be a real problem other activities have to be one foot about 100 year flood elevation we do have some very limited exceptions for mills and you basically you can redevelop within the old footprint of a mill i would suggest reaching out to deep's land and water resources division in the very early stages of a project because i've seen some unfortunate cases where folks have waited until the very last minute to reach out on this and that can delay a project it can take several months to get the flood management certification and just to be clear whichever state agency is providing the funding has to get the flood management certification but they will be working with the developer and the developers engineers to get the flood management certification next slide please connecticut brownfield land banks the new did a great job of covering connecticut brownfield land banks i would just say that they are a really important tool and there are some municipalities that don't want to be in the chain of title on a brownfield and that's where a connecticut brownfield land bank can step in and and acquire that property instead of municipality directly owning it and then bennu did a great job of talking about all the other services that they provide like education and things like that next slide please the connecticut brownfields initiative is a public-private partnership that was set up three or four years ago and it's run by uconn out in stores and there are private sector donors of environmental lawyers among them some of the licensed environmental professionals and engineering firms the eep is part of this partnership decd is part of this partnership the idea is to help out municipalities and well actually it could be non-profit entities too when they apply for epa brownfield grants we didn't talk about apa brownfield grants but i will say that epa has an annual competition for brownfield grants usually applications open up in the summer and they're due in the fall and this is also a workforce development program in that students at uconn work with the cities and towns to actually help them prepare their applications for brownfield grants and they take a course in the fall where they actually prepare those applications they learn about doing phase one and phase two environmental site assessments and there has been actually a very good success rate i would say over 50 percent of the sites that go through the yukon kinetic brownfields initiative and submit their application to epa have been selected by epa and that's a great great success rate the epa grants are even more competitive than decd grants and one example is the town of stafford which received an epa grant in june of 2019 the last couple of years don friday of decd and i have been among the judges that go and listen well now it's virtual virtual two presentations at the end of the fall semester at uconn by the students in this program and i'm always super super impressed with the quality of the presentations and with the quality of the thinking behind these and it's kind of comforting to me to know that there are some folks coming up behind us to hopefully step into the field of brownfield redevelopment they're already making an impact today in helping cities and towns get grants and have the contact information for the two yukon professors that run this program i strongly encourage cities and towns to reach out to maria or nepheli the two professors if they are interested in this program next slide please epa brownfield grants i i do have a quick slide here about all the different flavors of epa brownfield grants they're similar to decds grants but like i said they're even more competitive decd has a much bigger pool of money not the two connecticuts weren't too much but we will anyhow a little bit connecticut has actually since 2011 put more money into brownfield grants and loans than epa has put into brownfield grants and loans for the entire country i don't mean that as a criticism of epa i just mean to say that connecticut has realized the importance of cleaning up and redeveloping brownfields next slide please dep has a what we call the municipal prepared workbook this lives on the website of the dep remediation division there's a hot link you know later down in this about the fourth bullet point here and somebody who asked in the audience earlier these slides will be provided to folks after this presentation is over so you'll be able to click on these hot links but basically what the prepared workbook is is a guide to the process of brownfield redevelopment especially aimed at cities and towns and it starts at the beginning with how does the town become involved with a brownfield do we actually want to take title to the property and clean it up redevelop it flip it to somebody do we want to not become or not directly acquire the site but have a private sector developer help us out or do we want to have some lesser level involvement and the product of this or the work product of this is a series of worksheets most of them are microsoft word there's one about the financing which is i guess not surprisingly in microsoft excel and these are meant just to help the city or the town document their thinking on a brownfield as they go through the process and it's not meant to be something that you have to hand in these worksheets and to be another bureaucratic form that you have to fill out but it's meant to just help you think because a lot of these sites can take multiple years to redevelop and it's nice to have a record of what you're thinking on a particular at a particular stage in the investigation and cleanup there are links to dep becd and at the federal level epa programs again this is on our website and i'm proud to say that this was something that was generically on epa's website it was not state specific connecticut was the first state to develop a state-specific version of the prepared workbook we work with the epa region one folks and with their contractor to develop something that we hope was going to be a model for other states and because of my rule about almost having at least one slide of breweries i put the former manger die casting site in derby which is now bad sons brewery and if i'm not mistaken hrp has an office upstairs of the brewery i bet that's a really good recruiting tool next slide please one other thing is that kinetic has been working for years to transform our cleanup programs public acts 20-9 was passed last year and the legislature actually passed this unanimously which is pretty remarkable thing for the legislature to pass a piece of legislation unanimously one of the things that this does is going to eventually sunset the transfer act after dep adopts regulations this is not going to kick sites that are already in the transfer act out of the transfer act sites that are currently enrolled in transfer act will have to finish and finish what they were doing in the transfer act but eventually sites will not have to enter the transfer act this will create an expectation that when a release is found on a site if it's above a certain if the contamination concentrations or amounts are above a certain threshold you'll have to report that and clean it up decd and dep are required to co-chair public stakeholder working groups and that's going on right now there are five subcommittees that are starting off their discussions on how to deal with different aspects of assessing and cleaning up sites most of the sub groups are meeting on a weekly basis and those meetings are open to anybody that wants to attend them they're being done remotely to resume like everything else right now there's a hot link here to information on the schedule and more details and the the larger working group which has a bunch of members that were named in the legislative in the legislation and they are people like the connecticut business and injuries industry association environmental groups it's just a broad cross-section of of connecticut are represented on this working group the second thing that we are doing is the remediation instead of regulations which i've talked about one of my first slides wave two of the amendments the remediation extended regulations was approved by the legislative review committee of the state legislature last week also changes to environmental use restrictions if you're not familiar with how connecticut adopts and changes regulations we're one of the few states where the legislature actually has to approve changes to regulations and we've had to go back to the legislature two or three times to just make these clearer and better and that's actually a really good thing because it makes the regulations stronger but the next step is that these were submitted last week as the secretary of the state we expect that in the next week or two once the secretary of the state publishes these regulations they will become official and people can begin to use them we will have a transition period where we will allow people to if they started doing their cleanups under the current version of the or the previous version i should say of the rsrs they'll be able to to finish up probably by if they get their claim done by some date that we haven't figured out exactly where it is yet but eventually the wave 2 amendments will kick in or eventually people all have to use the wave two amendments and people now be able to use environmental use restrictions instead of just environmental land use restrictions environmental use restrictions are a little bit easier to use the the whole intent of this is to make it easier for people to clean sites up to make it go better faster and cheaper to give you more flexibility like my second bullet point there says next slide please a couple of examples bennu had some great examples of the success of some of our brownfield cleanup programs i have a couple more this is bridgeport down in the state street area of bridgeport the old bryant electric building has been cleaned up and put back to use as at least four different businesses and i think there are even more now one of these the chavis bakeries especially near and dear to my heart because they make really awesome rolls and very often my lunch includes a roll from chavez bakery next slide please killingly commons and killingly up in the northeast corner of the state is a former glass factory that actually made it recycled glass to make new bottles and that has been cleaned up and the site has been put back to use and has been for the past let's say 10 years or so a major regional shopping center which fulfilled a real need up in that part of the state the local residents and killingly and the surrounding towns were just really thrilled first of all to have this site cleaned up because it was an eye sword you could see from interstate 395 and to have a bunch of new stores in the area next slide please just to show that brownfield redevelopment is not just about creating housing and shopping centers it's also important for people to have a place to recreate and play in the occam section of norwich the occam park redevelopment project this factory was destroyed back in 1988 by a fire and this develops into a really awesome park which benefits the community now and fulfills just a real need i think that illustrates that we have shifted our thinking over the years from thinking about brownfields just as a job creation economic development program to think in a little bit more holistically that it's also about the community part of economic and community development next slide please my philosophy again towards brownfield redevelopment can be also summarized by this slide i took these two pictures in norwich oil terminal on the banks of the thames river about a mile south of downtown the city of norwich is talking about acquiring this oil terminal and redeveloping it i was standing in exatly the same same spot when i took both of these pictures the first picture is looking inward at cracked pavement with weeds growing out of it these kind of dilapidated buildings but i literally turned 90 degrees and looked out of the thames river this was a nice cold crisp winter day and looked at how beautiful the setting really was so to me it is not only a team sport cleaning up brown fields but you have to be an optimist you have to be a glasses half full person to see the potential that brown fields present my next slide is really just my contact information and i guess we'll open it up to questions thank you mark yes hrp does have an office next to bad sons the brewery there we're big fan of brownfields turned brewery and it's one of our favorite places for meetings i would again like to thank each of our speakers hopefully you now have a better understanding of how these programs and financial mechanisms available through the deep and decd may be beneficial to you and who you can reach out to should you have future questions it's a little past our scheduled hour now i know that alexandra had a hard stop at 11 30. i want to thank her for participating in the presentation today if mark and banu can stay on a few more minutes we'll transition to the q a portion of today's presentation and see if we can't answer a couple looking at a few of the questions that were provided in the chat during the session one question will the powerpoint presentation be made available uh the powerpoint presentation as well as a recording of this presentation will be provided to each attendee uh mark and bennu there's a question regarding covenant not to sue are land banks exempt from the fee as well as municipalities this is mark and i have to double check the legislation but i'm i'm about 90 certain that uh land banks are exempt from paying the fee for a covenant not the super soon to 22 a 133 a a great thank you mark uh bennu you mentioned earlier that lending may not be limited to abandoned properties do you have examples of when a property that is not abandoned might be considered um i'm not sure um is was that a question from someone i don't recall um mentioning that but um if a property is underutilized right so that can be uh an example where it could be considered a brownfield for example there is a property where you know only a portion of the property is functioning now as a business but there is scope to redevelop the whole property uh so um you know that would be a case where um you know the property is not abandoned but it's underutilized and therefore can be considered as a brownfield is was that the specific question i hope i'm that was a question as provided perhaps bennu that's one we can provide to two attendees afterwards we can maybe flush that out a little further sure or certainly the person asking the question can reach out directly and provide her contact after this presentation yeah absolutely this is mark if i could add just a little bit i i think you hit it exactly right the new and but one example i think of is there's a lot of old mills that are no longer functioning as a mill but somebody somebody owns it and they are renting out portions of it to i know artists is a fairly typical example and maybe there's a retail shop or something in it but but parts of the mill are just sitting there unused and languishing and those are ones that we consider without question to be underutilized i mean it just passes the straight face test for that thanks mark great thank you bennu and mark another question here how has the brownfields program changed over the last few years um so over the last few years so this particular year this is the first time that the new administration um is uh you know rolling out um a grant and loan offering so we are kind of uh the the proposed changes that i presented uh today we are kind of trying to learn from uh experience of the last to eight years um and for example um we've noticed that uh our brownfield dollars going for a project that has a redevelopment vision those are the most successful um ones so that is why we are giving extra points to uh a more shovel ready project previously you know i think in the beginning stages of the brownfield program the emphasis was on let us get the sites shovel ready then developers will come there are a few examples where we did that and in spite of doing that the developer may not have come immediately and we are seeing uh you know examples where um we have the whole plan in mind the remediation fees planning fees and the redevelopment fees those seem to be more um effective cost efficient and uh you know actually happening um so so we are trying to go now i think the brownfield program has kind of matured um and so we are all as a state and in terms of brownfield redevelopment we are a stage where we should be thinking like that so that's one place where we are heading to and the other thing that we um what we are doing is i think i try to bring that out in my presentation we are going back to the mission our primary mission of brownfield redevelopment going back to why we why we have this program um and so going back to the definition of brownfields and trying to actually you know try to revitalize those sites those sites that don't have a chance without our funding those sites that don't have a chance to get remediated and redeveloped while pushing for the mission of dcd for economic and community development i hope i answered the question thank you venue uh let's see maybe we can try to pick up one or two more questions here looking through the list here does brownfield only impact industrial zone sites or would farmland also be applicable um farmland would definitely uh be applicable if you know they have a plan that if the farmland is not being used for farming and if there is a you know issue about contamination in the soil and groundwater that is that could be eligible and for those who are not familiar with our recent announcement along with the notice of funding availability we have a frequently asked questions document and both the grant and loan have already have a question of what dcd some examples that dc considers uh for you know does it um examples of brownfields projects would this be considered a brownfield would that be considered a brownfield and i think we have an example a farmland example and that says that if there is some farmland that has an issue i could be wrong now i may have had it in the draft but you know uh farmlands can be considered a brownfield yeah so no i would just add that the eep's remediation division has on this website guidance for people that are considering redevelopment of farmland the obvious concerns being the presence of pesticides and about 10 years ago that was a big big trend apple orchard has been redeveloped into into housing and this just provides a little bit of guidance on how to manage the contaminated soil that's not directly a brownfield related thing but it's something i just want to point out for anybody that might be dealing with redevelopment of farmland that being said we also policy wise think carefully about protecting farmland to the extent that we can uh thank you for your responses mark and bennu and your answers to those questions uh well that brings us to the end of the presentation thank you to the presenters and for everyone attended this morning as mentioned earlier we'll provide responses to the questions we were not able to get to today via email along with reference material and contact information for each of our presenters i hope everyone enjoys the rest of their week thank you thank you

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