Brownfields Programs: Environmental Council of the States Resolution Supporting Federal Funding

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Environmental Council of the States (“ECOS”) approved a resolution titled:

In Support of Federal Funding for Brownfields Programs (“Resolution”)

The Resolution was approved on March 22nd and designated Resolution 18-1.

In support of the Resolution ECOS states that:

  • Brownfields Programs
    • Transform blighted properties that pose environmental risks into clean residences, commercial space, etc.
    • Serve as significant sources of revenue
  • Partnerships among state, local, federal government, community organizations, and the private sector make otherwise impossible cleanups possible
  • Contaminated sites can be made safe for reuse in creating jobs/spurring economic development
  • Brownfields Yield positive community impacts
  • Brownfields Play an integral role in the redevelopment of infrastructure that has fallen out of use

ECOS resolves that:

  • Requests that the U.S. Congress authorize multipurpose brownfields grants;
  • Requests that the U.S. Congress increase state response funding;
  • Requests congressional funding of administrative costs to reduce the burden states face as they work together with investors to create positive outcomes in redevelopment;
  • Requests congressional expansion of the ability of organizations to partner and invest in brownfields projects, which would allow communities to leverage greater amounts of capital for improved outcomes;
  • Urges congressional expansion of brownfields eligibility to nonprofit organizations, limited liability corporations, limited partnerships, and community development entities; and
  • Urges federal legislation that reduces the risk for investors to reuse existing infrastructure at properties that otherwise would go wasted, including allowing certain government entities that do not qualify as bona fide prospective purchasers to be eligible to receive grants as long as the government entity did not cause or contribute to a release or threatened release of a hazardous substance at the property.

Arkansas Department of Environmental Quality Director Becky Keogh serves as Vice-President of ECOS.

A copy of the Resolution can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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