FLORIDAS BROWNFIELDS REDEVELOPMENT PROGRAM

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FLORIDAS BROWNFIELDS REDEVELOPMENT PROGRAM
March 2007
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Presentation Overview

• Brownfields Redevelopment Program
• What are Brownfields?
• Floridas Brownfields Process
• Program Benefits
• Brownfield areas
• Brownfield sites
• Success Stories
• Information and Contacts

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What Are Brownfields?
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What Are Brownfields?

• Brownfield site means real property, the
  expansion, redevelopment or reuse of which may be
  complicated by actual or perceived environmental
  contamination. 376.79(3) F.A.C.

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What Are Brownfields?

• 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 deprive communities and areas, and
  Environmental Protection Agency-designated
  brownfield pilot projects. 376.79(4) F.A.C.

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What are Brownfields?

• Redevelopment Opportunities that result in
• Economic development
• Community development
• Residential projects, and
• Open-Space/ Green-Space projects

Former Robbins Manufacturing Facility
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Brownfields Redevelopment Act

• Statutory Intent
• Remove contamination or stigma
• Provide economic and regulatory incentives
• Encourage voluntary cleanup and reuse
• Make available risk-based cleanup criteria
• State / Federal Partnership
• Governors Office OTTED and Enterprise Florida
• USEPA
• Local government and economic development agencies

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Program Objectives

• Improve the environment and quality of life
• Environmentally safe and market ready sites
• Economic enhancement
• Capital investment
• Job creation
• Broaden tax base and increase tax revenue
• Positive redevelopment and economic effects
• Better utilization of community resources
• Remove stigma
• Level the playing field
• Brownfields vs. greenfields
• Utilize existing infrastructure

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Floridas Brownfields Process
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Florida Brownfields Process

• Initiated by local government or PRFBSR - DEP not
  involved
• Makes some benefits available
• Statutory requirements

BROWNFIELD AREA DESIGNATION By Local Government
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Brownfield Area Designation

• Local government must consider whether the
  Brownfield area
• Warrants economic development
• Is reasonably focused, not overly large
• Has potential interest to the private sector
• Is suitable for recreation or preservation

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Brownfield Area Designation

• Local government shall designate if
• Owner/controller agrees to site rehabilitation
• 5 new permanent jobs will be created
• Redevelopment consistent with comp plan
• Designation is properly noticed
• Reasonable assurance of financial viability

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Florida Brownfields Process
BROWNFIELD AREA DESIGNATION By Local Government

• Person Responsible for Brownfield Site
  Rehabilitation (PRFBSR)
• May occur before or after designation of area

IDENTIFICATION OF PRFBSR
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Florida Brownfields Process
BROWNFIELD AREA DESIGNATION By Local Government

• Brownfield Site Rehabilitation Agreement (BSRA)
• Voluntary
• Eligible for voluntary cleanup tax credit
• Model agreement available on line

IDENTIFICATION OF PRFBSR
EXECUTION OF BSRA By FDEP and PRBSR
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BSRA Elements

• Agreement between FDEP and PRFBSR
• Provides terms and responsibilities
• Negotiable
• Attachments
• A Maps and legal descriptions of area and site
• B Brownfield Site Rehabilitation Schedule
• C Site Access Agreement
• D Certification of Redevelopment Agreement
• E Contractor Certification and Insurance
• F Quality Assurance Certificate
• G Advisory Committee Members
• H Format for submittal of Technical Documents

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Florida Brownfields Process
BROWNFIELD AREA DESIGNATION By Local Government
IDENTIFICATION OF PRFBSR

• Conduct site rehabilitation
• Assessment
• Remediation
• According to
• Chapter 62-785
• Schedule in BSRA

EXECUTION OF BSRA By FDEP and PRBSR
IMPLEMENTATION OF BSRA By PRFBSR
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Florida Brownfields Process
BROWNFIELD AREA DESIGNATION By Local Government
IDENTIFICATION OF PRFBSR
EXECUTION OF BSRA By FDEP and PRBSR
IMPLEMENTATION OF BSRA By PRFBSR

• Site Rehabilitation Completion Order (SRCO)

SRCO
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Brownfields Program Benefits
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Brownfields Program Benefits

• Brownfield Area
• Economic Incentives
• Loan Guaranties
• Contact Enterprise Florida early in process

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Brownfield Area Economic Incentives

• Bonus Refund for Job Creation
• Up to 2,500 per job
• May be combined with other incentives
• Loan Guarantee Program
• 50 loan guarantee on site rehabilitation and
  development
• 75 for affordable housing
• Sales/Use Tax Exemption on Building Materials
• Applicable to any property within a designated
  brownfield area provided eligibility criteria for
  each incentive are met

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Brownfields Program Benefits

• Brownfield Sites (executed BSRA)
• All benefits of Brownfield area
• Regulatory Framework for Cleanup (Rules 62-785
  and 62-777, F.A.C.)
• Dedicated staff expedited technical review
• Liability Protection
• Voluntary cleanup tax credits

• Brownfield
• Benefits
• Tax Credit

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BSRA Liability Protections

• Owners and Redevelopers (PRFBSRs)
• Relief from further liability for site
  rehabilitation Section 376.82(2)(a), F.S.
• Does not limit third party rights for damages
  Section 376.82(2)(b), F.S.
• Available if BSRA terms met
• Lenders
• Serving in fiduciary capacity, in connection with
  a loan
• Did not
• Cause/contribute to contamination
• Control/manage site rehabilitation
• Economic incentives do not apply during the
  lenders ownership
• Government, non-profit, charitable organizations

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Voluntary Cleanup Tax Credits

• Florida corporate income tax
• May be transferred once
• 2 million annual cap
• If exhausted, remaining applications are first
  priority in next year's allocation
• Annual applications
• Due by January 15
• Issued by March 31
• Complete applications
• First-come, first-served order
• Applicant PRFBSR

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Available Tax Credits - Summary
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Success Stories
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Residence Inn, Tallahassee

• Historical use
• Warehouse
• Petroleum storage
• Contaminants
• Arsenic
• Petroleum
• Dioxin
• Status
• TBA grant for dioxin removal
• Previous institutional control
• Petroleum contaminated groundwater
• Off-site source
• Opening Fall 2006
• Engineering controls almost complete
• Building, parking lot
• Soil cover

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The Strand, Jacksonville

• Historical use
• Naval Reserve Station
• Auto repair/painting
• Most recently vacant lot
• Contaminants/Concerns
• Arsenic in site soils
• Benzene in groundwater
• Status
• Condominiums in progress
• Groundwater remediation complete
• Engineering control - soils
• Building
• Parking lot
• SRCO when project complete

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Former Palm Beach Lakes Golf Course

• Historical use
• Golf course
• Contaminants
• Arsenic
• Soils and groundwater
• Status
• Unique agreement
• 5 BSRAs
• Individually addressed soil contamination
• Jointly addressed groundwater
• Reuse
• Affordable housing
• Retail
• Hotel
• Residential

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Centro Asturiano, Tampa

• Historical use
• Hospital
• Abandoned in early 1990s
• Contaminants/Concerns
• Incinerated hospital waste
• Petroleum contamination
• Biohazards
• Vagrants and vandalism
• Status
• SRCO achieved
• Redevelopment project
• Affordable housing
• Assisted living

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Information and Contacts
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Visit Us on the Web

• Brownfields
• http//www.dep.state.fl.us/waste/categories/brownf
  ields/default.htm
• VCTC
• http//www.dep.state.fl.us/waste/categories/vctc/d
  efault.htm
• Rule Development
• http//www.dep.state.fl.us/waste/categories/wc/pag
  es/WCRuleDevelopment.htm

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Voluntary Cleanup Tax Credit Program Beth
Walker 850.245.8933 Beth.Walker_at_dep.state.fl.us
Florida Brownfields Liaison Kim
Walker 850.245.8934 Kim.Walker_at_dep.state.fl.us
DEP DISTRICT BROWNFIELD COORDINATORS
Northwest District, Pensacola Karen
Shea 850.595.8360 Karen.Shea_at_dep.state.fl.us Nor
theast District, Jacksonville Craig
Parke 904.807.3221 Craig.Parke_at_dep.state.fl.us
Central District, Orlando George
Houston 407.894.7555 George.Houston_at_dep.state.fl
.us
Southwest District, Tampa John Sego 813.632.7600
John.R.Sego_at_dep.state.fl.us Southeast District,
West Palm Beach Lee Hoefert 561.681.6676 Lee.Ho
efert_at_dep.state.fl.us South District, Ft.
Myers Mel Reinhart 239.332.6975 Mel.Reinhart_at_de
p.state.fl.us
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FLORIDAS BROWNFIELDS REDEVELOPMENT PROGRAM
March 2007
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Available Tax Credits - Summary