A TOUR OF FLORIDA’S BROWNFIELDS REDEVELOPMENT PROGRAM Presented by: David Goldman, PG Kimley-Horn and Associates, Inc. Prepared from Original Presentation by: George Houston II, PG Central District Brownfields Coordinator Florida Department of Environmental Protection

Presentation Overview Brownfields Redevelopment Program What are Brownfields? Florida’s Brownfields Process Program Benefits Brownfield areas and Incentives Brownfield sites and Incentives EPA’s Brownfield Program Grant Funding Opportunities

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.

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.

Florida’s Brownfields Process

Florida Brownfields Process BROWNFIELD AREA DESIGNATION By Local Government Initiated by local government or PRFBSR - DEP not involved Statutory Requirements Makes some benefits available

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

Brownfields Program Benefits

Brownfield Area Economic Incentives Bonus Refund for Job Creation up to $2,500 per job Loan Guarantee Program 50% loan guarantee on site rehabilitation and development 75% for affordable housing/health care providers Sales/Use Tax Exemption on Building Materials for Affordable Housing Projects Applicable to any property within a designated brownfield area provided eligibility criteria for each incentive are met New Jobs In 2008, 2,232 new direct jobs, 5,873 new indirect jobs, and $407,922,598 in new capital investment were attributable to the Program. The cumulative totals for new job creation and capital investment attributable to the Program, from inception, includes 10,827 new direct jobs, 13,137 new indirect jobs, and $1,291,636,591 of capital investment in designated brownfield areas.1

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 Memorandum of Understanding with EPA Brownfield Benefits Tax Credit …

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 - loan Did not Cause/contribute to contamination Control/manage site rehabilitation Economic incentives do not apply during the lender’s ownership Government, non-profit, charitable organizations

Voluntary Cleanup Tax Credits Tax Credit Type Application Frequency Maximum Credit for Costs Incurred after 06/30/06 Site Rehabilitation Annually 50% $500,000 No Further Action Bonus (i.e., SRCO) Once 25% Affordable Housing Bonus Health Care Facility Bonus Solid Waste As requested: Casbah Properties: Application 193 = $36,312.54 (Pending next available authorization)   Village Green Redevelopment: Application 20=$17,366.46 Application 33=$39,049.80 Application 37=$15,811.62 KIP I, LLC: Application 147=$183,529.50 Application 185=$202,964.60 (Pending next available authorization) Manatee Point: Application 122=$62,429.81 Application 167 $8,607.50 Grand Total=$566,071.83

Voluntary Cleanup Tax Credits Credits on Florida corporate income tax May be transferred once $5 million annual cap If exhausted, first priority in next year's allocation Credits awarded for eligible work Site rehabilitation Solid waste removal, transport and disposal Bonus credits awarded for site rehabilitation only SRCO Affordable housing Applications are processed in first-come, first-served order based on the date "complete" applications are received. DEP issues tax credit certificates to eligible applicants by March 1 of each year. If the $2 million annual tax credit authorization is exhausted, remaining applications will be included in the same order in the next year's allocation, if any.

Brownfield Areas in Brevard County

EPA’s Brownfield Program

EPA’s Brownfields Program Assessment Grants Funding for brownfield inventories, planning, environmental assessments and community outreach. Grant amount -up to $400,000. Cleanup Grants Funding for cleanup activities at certain properties with planned green space, recreational or other nonprofit uses. Grant amount -up to $200,000

EPA’s Brownfields Program Revolving Loan Fund Grants Funding to capitalize loans that are used to clean up brownfield sites. Grant amount -up to $1 million. Job Training Grants Environmental job training for residents of brownfield communities. Grant amount -up to $200,000.

EPA’s Brownfields Program Coalition Grants A minimum of three eligible applicants may form a coalition to conduct brownfields assessment. Grant amount – up to $600,000 Grant Cycle Grants submitted mid-November each year Grants awarded Spring of following year

Federal and State Incentives Summary *Requirement to Obtain Incentive Amount Use of Incentive Administrator Assessment Grant DNC, L $200,000 to 600,000 assessment, remediation planning, outreach US EPA Cleanup Grant DNC $200,000 with 20% cost share by Grantee remediation planning, cleanup, outreach Planning Grant up to $175,000 Brownfield planning, outreach Multi-Purpose Grant $200,000 to $550,000 assessment, remediation planning, cleanup. outreach Job Training Grant up to $100,000 job training for work in environmental fields Revolving Loan Fund DNC, L (private party can obtain loan from L, only L eligible for sub grants) $1,000,000, up to 50% can be used as subgrants, 20% cost share by Grantee US EPA and Grantee * See the following for definition of requirement code for incentives DNC = Did Not Contaminate - party obtaining incentive did not cause contamination on the site L = Local Government (City, County, CRA, Transit Authority, etc.) BA = Brownfield Area Designation approved by local jurisdictional authority BSRA = Brownfields Site Rehabilitation Agreement approved by FDEP

Federal and State Incentives Summary STATE OF FLORIDA Incentive *Requirement to Obtain Incentive Amount Use of Incentive Administrator SRP 128 a Grant DNC $50,000 assessment or cleanup FDEP Job Bonus Tax Credit DNC, BA $2,500/full time job created tax credit certificate for corp. tax, sale tax, etc. Enterprise Florida, OTTED Voluntary Cleanup Tax Credit (VCTC) DNC, BA, BSRA up to $500,000 per year/ annual $5M limit tax credit certificate for state corporate tax Building Materials for Affordable Housing refund of sales tax on building materials tax refund check FDOR Liability protection not applicable third party liability protection State statute * See the following for definition of requirement code for incentives DNC = Did Not Contaminate - party obtaining incentive did not cause contamination on the site L = Local Government (City, County, CRA, Transit Authority, etc.) BA = Brownfield Area Designation approved by local jurisdictional authority BSRA = Brownfields Site Rehabilitation Agreement approved by FDEP