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HomeMy WebLinkAbout2008 03 03 Distributed for Informational 101Date: March 3, 2008 This was distributed to the City Commission at the March 3, 2008 City Commission Workshop during the discussion of Informational Agenda Item " 101 ". FLORIDA .BROWNFIELDS TRANSFORMING COMMUNITIES 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.S. 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 deprived communities and areas, and Environmental Protection Agency- designated brownfield pilot projects. 376.79(4), F.S. Brownfield Area Designation BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF RESPONSIBLE PERSON EXECUTION OF CLEANUP AGREEMENT IMPLEMENTATION OF CONTAMINATED SITE CLEANUP "NFA" LETTER FROM DEP BROWNFIELD PROGRAM TERMS Responsible Person — Person Re- sponsible for Brownfield Site Reha- bilitation or PRFBSR Agreement — Brownfield Site Reha- bilitation Agreement or BSRA NFA —No Further Action (i.e., Site Rehabilitation Completion Order or SRCO) REDEVELOPMENT PROGRAM • Bonus refund for job creation —up to $2,500 per job • Loan guarantees for primary lenders Up to 50% on all sites Up to 75% when end use is affordable housing • Sales tax credit on building materials • Brownfield area benefits administered by Enterprise Florida, Inc. Brownfield Site Rehabilitation Agreement • All benefits of Brownfield Area • Regulatory framework for cleanup (Chapter 62 -785, F.A.C.) • Dedicated staff — expedited technical review • Liability protection • Tax credits Florida corporate income tax Credits may be transferred one time • Brownfield Site Rehabilitation Agreement benefits administered by DEP Site Rehabilitation No Further Action (i.e. SRCO) Affordable Housing Solid Waste (Removal, Transport, and Disposal) Annually 1 50% 1 $500,000 Once 25% $500,000 Once 25% $500,000 Once 50% $500,000 FLORIDA'S BROWNFIELDS REDEVELOPMENT PROGRAM Presented by George Houston II, P.G Central District Brownfields Coordinator March 2007 V. Presentation Overview ■ Brownfields Redevelopment Program *What are Brownfields? ♦Florida's Brownfields Process ■ Program Benefits ♦Brownfield areas ♦Brownfield sites ■ Success Stories ■ Information and Contacts What Are Brownfields? 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. Why Redevelop Brownfields ?. ■ Florida's Brownfield Redevelopment Program: ♦ Prevents the premature development of greenspace ♦ Reduces public cost for installing infrastructure in greenspace ♦ Creates Jobs ♦ Encourages the highest and best use of blighted properties • Promotes voluntary cleanup • Encourages community revitalization ♦ Minimizes or eliminates need for state cleanup and /or enforcement Former Robbins Manufacturing Facility Florida 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 ■ Encourages state and federal partnerships 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 Florida's Brownfields, Process Florida Brownfields Process BROWNFIELD AREA ■ Initiated by local DESIGNATION By Local Government government or PRFBSR - DEP not involved ■ Makes some benefits available ■ Statutory requirements 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 Brownfield Area Designation ■ Request for designation —the local government can 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 Florida Brownfields Process BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF PRFBSR • Person Responsible for Brownfield Site Rehabilitation (PRFBSR) • May occur before or after designation of area �F 1 Florida Brownfields Process BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF PRFBSR EXECUTION OF BSRA By FDEP and PRBSR ■ Brownfield Site Rehabilitation Agreement (BSRA) • Voluntary • Eligible for voluntary cleanup tax credit • Model agreement available on line BSRA Elements ■ Model agreement • 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 -vt Florida Brownfields Process BROWNFIELD AREA DESIGNATION By Local Government IDENTIFICATION OF PRFBSR EXECUTION OF BSRA By FDEP and PRBSR IMPLEMENTATION OF BSRA By PRFBSR • Conduct site rehabilitation • According to: ♦ Chapter 62 -785 ♦ Schedule in BSRA Brownfields Program Benefits r 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 ■ Sales /use tax exemption on building materials Applicable to any property within a designated brownfield area provided eligibility criteria for each incentive are met BSRA Benefits • All benefits of Brownfield area • Regulatory framework for cleanup (Rules 62 -785 and 62 -777, F.A.C.) • Liability protection ■ Dedicated staff — expedited technical review ■ Voluntary cleanup tax credits BSRA Liability Protections ■ nd redevelop (PRFBSRs) ' Owners a p '�, • 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. ■ Lenders • Serving in fiduciary capacity • Economic incentives do not apply ■ Government, non - profit, charitable organizations Available Tax Credits - Summary Application Maximum Credit for Costs Maximum Credit for Costs Tax Credit Type Frequency Incurred from 07/01/1998 Incurred after 06/30/06 to 06/30/2006 Site Rehabilitation Annually 35% $250,000 50% $500,000 25% at No Further Action Once 10% $50,000 project $500,000 (i.e., SRCO) Completion 25% at Affordable Housing Once N/A N/A project $500,000 Completion Solid Waste Once N/A N/A 50% $500,00 Success Stories Residence Inn, Tallahassee 0 1-1 l.r V 1 11.01 1 111 101 11.0 ♦ 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 1! 1 Former Whites Meats Plant- Ocala ■ ■ ■ Historical Use ♦ Meat Packing/ Cold Storage Plant Contaminants ♦ Petroleum soil impacts Status ♦ Plant demolished ♦ Soil remediated ♦ SRCO issued 2006 ♦ Taylor Bean & Whittaker Corporate HQ ♦ Opening Fall 2007 •'ter - 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 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 14 1 L p 11 Centro Asturiano, Tampa 'i �W � i V • Historical use: • Hospital • Abandoned in early 1990's • Contaminants /Concerns ♦ Incinerated hospital waste ♦ Petroleum contamination ♦ Biohazards ♦ Vagrants and vandalism • Status • SRCO achieved • Redevelopment project • Affordable housing • Assisted living I Information and Contacts Visit Us on the Web ■ Brownfields ♦ http: / /www.dep.state.fl.us /waste /categories /brownfield s /default.htm ■ VCTC ♦ http: / /www.dep.state.fl.us /waste /categories /vctc /defau It. htm ■ Rule Development ♦ http: / /www.dep.state.fl.us /waste /categories /wc /pages/ WC Ru IeDevelopment. htm �t Florida Brownfields Liaison Kim Walker 850.245.8934 Kim. WaIker(o state. fI.us Voluntary Cleanup Tax Credit Program Beth Walker 850.245.8933 Beth. WaIker(a state. f1. us DEP DISTRICT BROWNFIELD COORDINATORS Northwest District, Pensacola Karen Shea 850.595.8360 Karen. Shea(a state.fl. us Northeast District, Jacksonville Craig Parke 904.807.3221 Craig. Parke(a.dep.state.fl.us Central District, Orlando George Houston 407.894.7555 George. Houston@dep.state.fl.us Southwest District, Tampa John Sego 813.632.7600 John. R. Sego(a)dep. state.fl. us Southeast District, West Palm Beach Lee Hoefert 561.681.6676 Lee. Hoefert(a)dep. state. f1. us South District, Ft. Myers Mel Reinhart 239.332.6975 Mel. Reinhart @dep.state.fl.us �Wkr _. JIL .. N W. �Y r •- 4 S.E.H. Program. � 1' ►7 0 I/& 0 i "J SEMINOLE COUNTY'S S.E.E.D. PROGRAM Seminole County Economic Development Department CONTACT: John Metsopoulos 1055 AAA Drive, Suite 145 • Heathrow, FL 32746 (407) 665 -7133 • Fax: (407) 665 -7145 JMetsopoulos @seminolecountyfl.gov www.seminolecountyfl.gov SEMINOLE COUNTY FLORID s NATURAL CHOU] y � r .M u SEMINOLE COUNTY'S S.E.E.D. PROGRAM 0C SEMINOLE COUNTY FLORIDA'S NATURAL CHOICE I The US Hwy 17192 Corridor traverses the heart of Seminole County and Central Florida. This important roadway provides ready access to all major commercial, residential and employment centers. Seminole County has designated this corridor as the district in recognition of its valued location and assets. If your property is located in a designated SEED area, you may be eligible for a: • $2,500 Job Bonus Refund for each new job created in a designated SEED area by an eligible business. These benefits may be greater if the area has other designations (i.e., Enterprise Zone, etc;) • Sales Tax Credit on building materials purchased for the construction of a housing project or mixed -use project in a designated brownfield area. In addition, if you enter into a SEED Site Rehabilitation Agreement (SSRA), you will be eligible for: • 50% Voluntary Cleanup Tax Credit (VCTC) applicable to Florida's corporate income tax; • 25% Additional VCTC if the property is redeveloped with affordable housing; • State Loan Guarantees for primary lenders, up to 50% on all brownfield sites and up to 75% if the property is redeveloped as affordable housing. Federal benefits that may also be available: • Site- Specific Activities Grant to DEP to conduct Phase I or II assessments and /or limited source removals for eligible recipients using federal grant funds; • National Brownfields Assessment, Revolving Loan Fund and Cleanup Grants; • Brownfields Federal Tax Incentive that allows environmental cleanup costs to be fully deducted in the same year they occur. Cleaning up and reinvesting in SEED properties facilitates job growth, utilizes existing infrastructure, increases local tax bases, removes development pressures on undeveloped open land as well as both improving and protecting the environment. Seminole County's SEEL Redevelopment Program: • Prevents the premature development of greenspace (farmland, open space and natural areas); • Capitalizes on the area's desirable location and economic strengths; • Reduces public cost for installing infrastructure in greenspaces; • Creates jobs; • Encourages the highest and best use of blighted properties; • Promotes voluntary cleanup, • Minimizes or eliminates the need for state cleanup and /or enforcement costs; • Encourages community revitalization. SEED redevelopment is of great importance in Seminole County where balancing strong economic and community growth while preventing suburban sprawl is an ongoing challenge. WHAT i • Any real property where the expansion, redevelopment or reuse is complicated by actual or perceived contamination. Cleaning up and reinvesting in Brownfield properties facilitates job growth, utilizes existing infrastructure, increases local tax bases, removes development pressures on undeveloped open land as well as both improving and protecting the environment. Florida's Brownfields Redevelopment Program: • Prevents the premature development of greenspace (farmland, open space and natural areas); Reduces public cost for installing infrastructure in greenspaces; • Creates jobs; • Encourages the highest and best use of blighted properties; • Promotes voluntary cleanup; • Minimizes or eliminates the need for state cleanup and /or enforcement costs; • Encourages community revitalization. Brownfield redevelopment is of great importance in Florida where balancing strong economic and community growth with suburban sprawl is an ongoing challenge. Ai The Stra St. On the cover: Centro Asturiano Hospital was built in 1928 and served the Ybor City community until the early 1990's when it was abandoned. In 1996, the city condemned and demolished all but one of the buildings on the hospital's campus. The remaining hospital building, at times home to transients, suffered from neglect and vandalism during its 10 -year vacancy. The property remained in bankruptcy proceedings for several years until it was purchased at a tax deed sale by a development group in 2002. The development group entered into a Brownfields Site Rehabilitation Agreement with the State of Florida to voluntarily address contamination at the site. Environmental concerns included storage of petroleum for backup generators; incineration of hospital wastes, broken and unsecured equipment, and biohazardous waste. The Centro Asturiano property has been rehabilitated in accordance with state environmental standards and redeveloped to benefit the community. The 7 -acre campus is now a mixed - income apartment complex for people over age 55. The 7,000 square foot historic hospital building was renovated to house administrative functions and a clubhouse for residents. Ali * Department of Environmental Protection Brownfields Redevelopment Program Bureau of Waste Cleanup MS 4505 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 (850) 245 -8934 www.dep.state.fl.us FLORIDA BROWNFIELDS REDEVELOPMENT PROGRAM Centro Asturiano Hospital Tampa, Florida TRANSFORMING COMMUNITIES BROWNFIELDS STAFF If your property is located in a designated Brownfield area, you may be eligible for: • $2,500 Job Bonus Refund for each new job created in a designated brownfield area by an eligible business. These benefits may be greater if the area has other designations (i.e., Enterprise Zone, etc;) • Sales Tax Credit on building materials purchased for the construction of a housing project or mixed -use project in a designated brownfield area. In addition, if you enter into a Brownfield Site Rehabilitation Agreement (BSRA) you will be eligible for: - 50% Voluntary Cleanup Tax Credit (VCTC) applicable to Florida's corporate income tax; • 25% Additional VCTC if the property is redeveloped with affordable housing; • State Loan Guarantees for primary lenders, up to 50% on all brownfield sites and up to 75% if the property is redeveloped as affordable housing. Federal benefits that may also be available: • Site - Specific Activities Grant to DEP to conduct Phase I or II assessments and /or limited source removals for eligible recipients using federal grant funds; • National Brownfields Assessment, Revolving Loan Fund and Cleanup Grants; • Brownfields Federal Tax Incentive that allows environmental cleanup costs to be fully deducted in the same year they occur. Brownfields Redevelopment Program www.dep.state.fl.us/waste/categories/ Voluntary Cleanup Tax Credit Program www.dep.state.fl.us/waste/`categories Enterprise Florida, Inc. www.eflorida.com or www.floridabusiness.com Risk -Based Corrective Action is a clear process using rules 62 -785 and 62 -777, F.A.C., that provide: • Default Cleanup Target Levels (CTLs); • Risk assessment tools to drive alternative CTLs; • Risk management options; • Institutional and engineering controls to achieve a Site Rehabilitation Completion Order (SRCO); • Special relief for sites with groundwater CTLs based on nuisance, organoleptic or aesthetic considerations. • Cleanup Liability Protection provided upon execution of a BSRA; • Dedicated Brownfields Staff in each DEP district office whose primary responsibility is facilitating implementation of BSRAs; • Expedited Review of all technical documents; • EPA Comfort Letters issued for Comprehensive Environmental Response, Compensation, and Liability Act sites; • Lender Liability Protection Additional benefits may be available through local and federal government agencies. Malibu Bay Affordable Hou: O 8 iraew o Northeast Northwest WAU ar« "" aar District District awe Central Southwest District Main Office Contacts Distri Kim Walker Beth Walker 850.245.8934 850.245.8933 kim.zoalkerrtidcp.stah.fl.u, betlr.aNalkcr4drg+.stote. fl. its Northwest District Northeast District Alex Webster Craig Parke 850.595.8360 904.807.3221 aler.euehster©dey.state..l.as craio.park&dep.state.A.as Southwest District Central District John Sego Georrg�e Houston 813.632.7600 407.894.7555 .state_us iohr�.sego�dep .€1 Seorre.houston de ©state jl.iis South District Southeast District Mel Reinhart ArtToroela 239.332.6975 561.681.6676 mel.reinhart@dep.state.. .us art.torteLr +delzshrte l.us o Q°. ..d � Pouo Q � PA � races wmee 0 s st a De Mavn l[e WA, Palm Brody .—d South Da District a. Southeast District There are three local programs delegated by the Florida Department of Environmental Protection (DEP) to administer the Brownfields program in their communities. The contacts for these local programs are: Broward County Hillsborough County Miami -Dade County Dave Vanlandingham Mary Yeargan Sandra Rezola 954.519.1478 813.6272600, ext.1303 305.3726700 Governor's Office of Tourism, Trade & Economic Development Mary Helen Blakeslee, 850.487.2568 maryhelen .blakeslee @myflorida.com Enterprise Florida, Inc. Joseph Bell, 407.316.4658 ibell @eflorida.com