Brownfields and Environmental Issues

New Brownfields Reauthorization Legislation Allows Funds to Cover Administrative Costs

May 21, 2010 --On May 14, Reps. Frank Pallone (D-NJ) and Joe Sestak (D-PA) introduced legislation (H.R. 5310) reauthorizing the Environmental Protection Agency’s (EPA) Brownfields program. The bill would reauthorize the program at $350 million beginning in FY2011, an increase of $50 million per year until FY2016 when the program would be authorized at $600 million. EPA Brownfields programs received a total of $174 million in appropriations for FY2010.

The bill increases the ceiling on the maximum grant award for clean up from $200,000 to $750,000 and under special circumstances to $1.5 million. The bill establishes non-profit organizations and community development entities, designated under the Community Development Financial Institutions (CDFI) Fund program as eligible to receive Brownfields assessment and revolving loan fund grants.

The bill also establishes a pilot program to provide grants of to up to $1.5 million for Brownfields projects that reduce environmental impact, increase community livability and encourage sustainability.

The bill contains a NADO-supported provision that, for the first time, would allow Brownfields grant recipients the ability use up to 10 percent of their grant to cover indirect costs. Currently, administrative costs are specifically excluded as an eligible use of Brownfields funding.

Regional development organizations are asked to contact their House members and urge them to co-sponsor the legislation. For more information, visit NADO’s action alert at http://nado.org/legaffair/bfalert.pdf.

To view a summary of the legislation, visit http://nado.org/legaffair/bfbill.pdf. For NADO’s position paper on modifying EPA’s Brownfields administrative cost allowance provision, visit http://nado.org/legaffair/bfposition.pdf.

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EPA to Award Brownfields Jobs Training Grants

October 2, 2009 --The Environmental Protection Agency (EPA) is now accepting Requests for Proposals for the Brownfields Job Training Grants. Applicants must propose to serve a community that currently receives, or has received, financial assistance from EPA for a brownfields assessment, revolving loan fund, or cleanup grant, a targeted brownfield assessment, and/or site-specific brownfields work carried out under a state or tribal response program. The total funding available under the national competition for job training grants is estimated at $2.6 million. EPA anticipates awarding an estimated 12-13 job training cooperative agreements. The proposals are due December 1. For more information or to view the full announcement, visit www.epa.gov.

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$10 Million Available in First EPA Grants to Develop Climate Change Showcase Communities

July 6, 2009 --On June 15, EPA announced the availability of up to $10 million for its new “Climate Showcase Communities” grants to establish and implement climate change initiatives that will help reduce greenhouse gas emissions.

Eligible applicants include local governments (such as a county, municipality, local public authority, school district, special district or council of governments), federally recognized Indian tribal governments and inter-tribal consortia. A 50 percent cash or in-kind cost share is required for applicants other than tribal governments and intertribal consortia. The agency expects to award approximately 30 cooperative agreements, ranging from $100,000 to $500,000 each.

Proposals are due July 22, 2009, at 4:00 p.m. EDT, and informal notices of intent to apply are requested by July 1. Grants are expected to be awarded in January 2010. Additional grant information is available at http://epa.gov/cleanenergy/energy-programs/state-and-local/showcase.html.

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House Passes Interior and Environment Spending Bill

July 6, 2009 -- On June 26, the House passed its FY2010 Interior-Environment spending bill. The bill (HR 2996), which funds the Department of Interior, the Environmental Protection Agency (EPA) and the Forest Service, provides a total of $32.3 billion, $4.7 billion over current funding, level with the administration’s request and just slightly more than the $32.1 billion bill (unnumbered) approved by the Senate Appropriations Committee on June 25.

The House bill provides $10.4 billion for EPA, $23 million below the President’s request, $2.83 billion above 2009 and $27 million over Senate spending.

Included in EPA spending is $2.3 billion for the Clean Water State Revolving Fund (SRF), $1.6 billion more than current funding, $100 million less than requested and $200 million more than the Senate draft bill. Another $1.4 billion is provided for the Safe Drinking Water SRF, $671 million over current spending, $100 million more than Senate spending, but $100 million less than requested.

The House bill includes language allowing states to provide additional forms of subsidies to those communities that cannot afford the market rates provided by an SRF loan. These subsidies, which can be in the form of negative interest loans, principal forgiveness or grants, will apply to 30 percent of the funds appropriated for the Drinking Water SRF and to 30 percent of the Clean Water SRF funds that exceed $1 billion.

In addition, the bill continues language first carried in the Recovery Act that allows states to use up to 20 percent of each of their SRF grants for projects that are considered green infrastructure and those that provide water and/or energy efficiencies.

Both bills include $175 million for three brownfields accounts, level with the administration’s request but $5 million less than current funding.

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Budget Boots Brownfields Funding

May 21, 2009 -- The budget requests $10.4 billion in discretionary spending, $2.8 billion over current funding. For State and Tribal Assistance Grants (STAG), the budget requests nearly $5.2 billion, an increase of roughly $2.3 billion.

The additional funding is directed largely to the Clean Water State Revolving Fund (SRF), which would increase nearly $1.7 billion from $689 million to $2.4 billion. The budget proposes $1.5 billion for the Safe Drinking Water SRF, an increase of roughly $670 million.

The budget directs no less than 20 percent of SRF resources to be dedicated to projects addressing green infrastructure, water or energy efficiency improvements or other environmentally innovative activities. The budget also reserves up to 1.5 percent of SRF funds for grants.

The budget requests $174.7 million for the three brownfields accounts, an increase of nearly $5 million over current funding.

No funding is sought for the Climate Change Initiative Grants for Local Communities program. The initiative, which received an initial appropriation of $10 million in FY2009, provides one-time only grants to local communities to implement climate change programs.

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EPA Announces Renewable Fuels Plan

May 8, 2009 -- On May 5, the Environmental Protection Agency (EPA) announced its strategy for increasing the national supply of renewable fuels. The plan implements requirements under the 2007 Energy Independence and Security Act (EISA; P.L. 110-140), which requires 36 billion gallons of renewable fuels to be included in the nation’s motor fuel supply by 2022 and requires ethanol and other biofuels to reduce greenhouse gas emissions by 20 percent relative to gasoline. To view the EPA proposal, visit http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/028f14f22a5224ad852575ad00607923!OpenDocument.

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Coalition Revises Proposal for EPA Brownfields Reauthorization

April 22, 2009 -- On April 21, the National Brownfields Coalition, of which NADO is an active participant, submitted to Congress a revised proposal for reauthorization of the EPA Brownfields Program. Included in the proposal were modifications intended to strengthen the case for reauthorization and eliminate barriers for passage.

Of the priorities listed in the revised proposal is a measure to "allow funding for reasonable administrative costs for local brownfields programs," a sticking point for several NADO members. The Coalition is also giving priority to program changes that will:

  • Enable reaching more sites by providing higher authorization levels, higher per project ceilings, and eliminating needless site eligibility hurdles;
  • Improve effectiveness at the local level by offering multi-purpose grants, and making non-profits eligible for site assessment and revolving loan fund programs;
  • Encourage sustainability by authorizing new pilot programs for sustainable and alternative energy re-use of brownfields, and pilots for waterfront sites; and
  • Remove barriers to local government acquisition of mothballed sites by providing greater liability protection for local government acquisitions.

Click here to view an abbreviated, prioritized version of the proposal.

Click here to view the comprehensive format.

The Coalition has also pressed the case for higher appropriations in letters to both House and Senate Appropriations Sub-committees supporting the EPA Brownfields Program ( House letter, Senate letter) and the HUD brownfields-related programs ( House letter, Senate letter).

For more information on NADO's Brownfields initiatives, please contact NADO Program Manager Mike Bellamente at 202.624.7809 or mbellamente@nado.org. Return to the top

House Renews EPA’s Clean Water SRF Program

March 12, 2009 -- On March 12, the House of Representatives approved legislation (HR 1262) reauthorizing the Environmental Protection Agency’s (EPA) Clean Water State Revolving Fund (SRF) program. The bill would reauthorize the program, which provides low-interest loans and grants to communities to construct wastewater treatment facilities, for the first time in 15 years. The measure awaits Senate action.

The bill authorizes a total of $13.8 billion through FY2014; $2.4 billion for FY2010 and rising to $3 billion in FY2014.

The measure also authorizes $300 million annually in state management assistance and $100 million annually in grants to non-profit organizations to provide technical and management assistance in improving wastewater treatment systems in rural areas, small municipalities and tribal communities.

The measure includes a “Buy American” provision that requires steel, iron and manufactured goods used in projects financed by the revolving fund to be produced in the United States.

The bill authorizes $2.5 billion annually in grants for projects designed to prevent sewer overflows, $150 million per year to address sediment contamination in the Great Lakes watershed and $50 million annually to provide grants for pilot programs testing alternative methods for enhancing water supplies.

During floor consideration, an amendment to eliminate Davis-Bacon provisions on prevailing wages was defeated. House Transportation and Infrastructure Committee Ranking Member John Mica (R-FL), who voted against the final bill because of the Davis-Bacon provisions, vowed to work with the Senate to strike the requirement in a final bill.

The Senate Environment and Public Works Committee adopted a similar bill (S 3617) last year authorizing a total of $19.6 billion for the Clean Water SRF and $14.7 billion for the Safe Drinking Water SRF. The bill is expected to be a starting point for Senate efforts to reauthorize the SRF programs.

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