Virginia’s Brownfield Program - An Attitude of Success Presented by: Delegate Terrie Suit Member - Virginia House of Delegates 81st District & Chris Evans Virginia Brownfields Coordinator, Virginia Department of Environmental Quality September 21, 2004

Looking back…. l Economic development community told us Virginia needed to change to remain competitive l We completed a significant marketing effort l We determined where the programmatic gaps were l Had DEQ failed? No.. –marketplace had changed –bar had been raised –customer’s expectations were much higher –we could not meet them l We developed a plan to fill the gaps –new legislation –innovative implementation consistent with marketing results

Forces at Work l Priority of Gilmore and Warner Administrations l Strong commitment from DEQ leadership l Recommended by legislative study committee addressing growth issues l Pending federal brownfield legislation l Full support of EPA l Needs of the economic development community l Professional services community “please get it”

Why a Marketing Effort? l Wanted to understand brownfield dynamics l Wanted to understand the scope of sites l Why states were being successful…..and not l Needed to find a common ground with our customers l Needed to determine specific customer needs l Evaluate how we would stack up to competing states l …all done before ever putting pencil to paper

WE GET IT!!! l Liability, cost and time are the primary obstacles l Brownfield projects are real estate transactions with an environmental component l Creating equity between greenfields and brownfields is key (level the playing field, help make brownfields $ viable) l Economic development is typically the motivation for redeveloping brownfield sites l DEQ plays an integral role in facilitating brownfield redevelopment successes l DEQ must implement the program from the customers’ point of view

State Legislation l Initiated by legislative study committee l Include key partners - DEQ, VEDP, and VRA collaborated in drafting the bill l Specifically address liability, cost, and time l Ensure consistency with federal brownfield legislation - satisfy DEQ = satisfy EPA l Included innovations and incentives identified as meaningful by the redevelopment community

Summary of legislation l Voluntary Remediation Programs l Liability Protections consistent with federal brownfield law l Amnesty provisions for voluntary disclosures l Loan fund for address obstacles to brownfield redevelopment –assessment, cleanup, demolition, etc

Support for the Bill l Legislative Commission on Growth l Organizations interested in policies to respond to growth –Virginia First Cities Coalition –Conservation Community –Development Community l State Department of Environmental Quality l There was no opposition to the legislation –Initial concerns were addressed by similarities to the federal legislation

From Law to Policy l We determined that the program would be as predictable, customer oriented, innovative, and user friendly as possible per marketing results l We collaborated and reached consensus with DEQ enforcement, regional staff, and the AG’s office l We developed a well thought out program manual in lieu of a regulation that includes: –simple decision flow charts for self determination of eligibility –FAQ’s –sample comfort letters

Easy Process..Increased Certainty l Buyers and sellers self determine eligibility using DEQ’s Brownfields Manual l Contact DEQ Brownfield Coordinator to discuss l DEQ reviews available site information l If eligible, DEQ issues comfort letters l If necessary, site is enrolled at DEQ for cleanup l Site is cleaned up and redeveloped

It’s Working l To date, Virginia has realized: –an increased interest in redevelopment –30 BFPP letters issued since 8/03 –over $700M (est.) in capital reinvestment –over 300 (est.) full time jobs created –over 500 (est.) full time jobs saved –over 2,500 part time jobs created –several additional projects underway

More To Do…. l Address third party liability issues l Evaluate tax (bifurcated) credits for remediation costs l Provide funding for the Brownfields Restoration and Land Renewal Fund l Education and outreach

Thank You Terrie Suit Member - Virginia House of Delegates 81st District ((757) Chris M. Evans Virginia Brownfields Coordinator Virginia Department of Environmental Quality (804)