Brownfields Update From Capitol Hill. Webinar October 3, 2013

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1 Brownfields Update From Capitol Hill Webinar October 3, 2013

2 Empowering localities to revitalize their communities through the exchange of strategies, tools, and best practices for brownfields reuse

3 The NALGEP Brownfield Communities Network More than 2000 brownfields leaders in the community, non-profit, government and private sectors Overcoming barriers by convening experts, preparing white papers, and educating decision makers Providing technical assistance and sharing lessons learned through regional workshops, webinars, and conferences NALGEP s Upcoming Webinars Preparing Successful Grant Applications October 24, 2013 White House Manufacturing Initiative November/December 2013

4 Thank you to NALGEP s 2013 Sponsors

5 Webinar Agenda Brownfields Reauthorization Judy Sheahan, U.S. Conference of Mayors Federal Brownfields Tax Incentive Evans Paull, National Brownfields Coalition FY 2014 Funding for Brownfields Ken Brown, NALGEP

6 Brownfields Utilization and Investment Act of 2013 BUILD Act Renews program that expired at the end of 2006 Themes: Creates flexibility for grantees Creates new grants to support federal priorities in the areas of energy efficiency and waterfront renewal Eliminates arbitrary eligibility barriers Enhances assistance and eliminate barriers for disadvantaged, small/rural communities Increases grant ceilings Polouse, WA site Courtesy Maul-Foster-Alongi

7 Increased Flexibility for Grantees Multi-Purpose Grants Site assessment, cleanup, and RLF Individual MP grant awards capped at $950,000 Total number of MP grants awarded can t exceed 15% of total 104(k) funds available each fiscal year Additional ranking criteria to evaluate to include in MP grant guidelines Overall plan for revitalization of 1 or more BF sites Demonstrate capacity Demonstrate need

8 New grants: Energy Efficiency & Waterfront Renewal Clean Energy Grants Clean energy project: renewable electricity (wind, solar, or geothermal energy) and energy efficiency (combined heat and power and district energy) Activities: assessment, cleanup, RLF Grants capped at $500,000 Waterfront Brownfields Brockton, Massachusetts Brightfields Definition: site adjacent to a body of water or federally designated floodplain. EPA to consider if waterfront brownfield sites are served by the grant and give consideration to waterfront brownfield sites.

9 Eliminate arbitrary eligibility barriers Non-profit eligibility Eligible for all categories of grants 501(c)(3) plus LLC and limited partnership subsidiaries to 501(c)(3) s Site assessment eligibility for publicly owned sites acquired before 2002 Property acquired before January 1, 2002 is eligible without the burden of proving bona fide prospective purchaser status Baltimore Aquarium Center for Aquatic Life and Conservation

10 Enhanced assistance: Disadvantaged, Small/Rural Communities Eliminates the Administrative Cost Prohibition Allow recipients to use up to 8% of grant funding for administrative costs. Small Community Technical Assistance EPA prioritize TA for small communities, Indian tribes, rural areas, or low-income areas with a population less than 15,000 Targeted Funding for States Up to $2M of 104(k) funding can be used for 128(a) eligible activities Non-Profit Eligibility Indian Creek, Caldwell, ID

11 Higher Grant Ceilings Increased funding for remediation grants Increase the cleanup grants amount to $500,000 Entities can request a waiver up to $650,000 Harper-Thiel Site, Wilmington, DE $800,000 in cleanup costs

12 BUILD Act: Status on Capitol Hill Senate S. 491 introduced March, 2013 Lead Sponsors Frank R. Lautenberg (D-NJ) (deceased) James M. Inhofe (R-OK) Mike Crapo (R-ID) Tom Udall (D-NM) 10 co-sponsors Environment Committee hearing held in July House: HR 2896 introduced July, 2013 by Rep. Louise Slaughter (D-NY) with 3 co-sponsors

13 What is Federal IRS Section 198? Federal tax deduction for brownfield cleanup costs Established in 1997 Reauthorized biannually by Congress Developers used deduction ~350 times since 1997 Expired December 31, 2011

14 How IRS Section 198 Works Brownfield developer performs cleanup State environmental agency issues 198 brownfield certification letter for eligibility With letter, taxpayer can deduct entire cost of remediation in year incurred against income on federal tax return For $1M cleanup: Tax savings of $400,000 to $520,000, depending on total income tax burden in each state.

15 Former NuTone Manufacturing Facility Cincinnati, Ohio 29+ acre, dormant manufacturing facility Lies in neighborhood targeted by City for redevelopment Environmental uncertainty for potential buyers caused site to remain dormant Acquired in a personal venture by a local business owner in vision of establishing a campus for his expanding company (Medpace)

16 Development Challenges & Risks Medpace Campus Development Environmental Uncertainty Extent of environmental issues and necessary clean-up costs were uncertain Financial & Development Risk Mitigation Mitigation of this risk from a financial perspective was critical in moving forward with the development Timing of development was critical to the potential anchor tenant (Medpace). Significant delays due to remediation activities would have been problematic and put development plans at risk. State & Local Government Support, Federal Tax Incentives Critical to Making Development Happen Clean Ohio Revitalization Fund Grant ($3 Million) Section 198(a) Deduction (Estimated $875,000 tax benefit) Estimated based on assumed $3 Million in qualifying Section 198(a) costs x 35% tax rate Only roughly $2.5 Million of the qualifying expenses were incurred prior to expiration of Section 198(a). Had it not been for this tax deduction, the timing and value of the tax benefit associated with this cost would have been uncertain. Infrastructure / Road Development Grant ($300,000) Job Creation Tax Incentives Granted to Anchor Tennant

17 Development Progress Current Status Medpace is the anchor tenant Global headquarters of a Clinical Research Organization (CRO) employing 1,200 primarily in the US, Europe & Asia Roughly 750 employees on-site in Cincinnati, occupying three buildings totaling ~330 thousand square feet of office and laboratory space A meaningful number of new jobs have been added since the campus relocation, with further growth in new jobs expected in the future Local payroll tax base expansion Partnering with community for further economic development in the area Roughly $50 Million in investment on the site to date

18 Boomerang Tube, Liberty, TX Steel pipe manufacturer Years vacant before cleanup: 15 Size: 118 acres, 487,000 sq ft Permanent jobs: 600 Capital investment: $200 million Estimated construction jobs: 1,980 Remediation costs: $1.2 million Annual property tax revenue to locality: $1.8 million, currently; $3.4 million after tax abatement expires.

19 Goal of National Brownfields Coalition Section 198 Committee Educate Members of Congress about value of IRS Section 198 Two Part Plan to Prepare Outreach Effort: Establish compelling support documents Enlist brownfield practitioners to educate Congress in key states Implement outreach plan to: Restore IRS Section 198 tax incentive Educate Members of tax committees House Ways and Means Committee Senate Finance Committee

20 FY 2014 Brownfields Funding: Big Picture House Committee zeroes out EPA brownfields House Committee cuts CDBG in half Senate Committee increases EDA funding No appropriations bills have passed Government is currently closed Likely short term CR until November/December Full year appropriations to be determined

21 EPA Brownfields Funding FY 2014 House Subcommittee provides zero funds bill stalled in House Appropriations Committee Senate Subcommittee proposes $167.6 million same as last year. $94.7 million for grants $49.2 million for states $23.7 million for program management

22 HUD Brownfields Funding FY 2014 Community Development Block Grants (CDBG) House: $1.64 billion cut of $1.6 billion Senate: $3.15 billion cut of $92 million Partnership for Sustainable Communities: Integrated Planning and Investment Grants House: 0 Senate: $75 million Section 108 Loans: Administration, House and Senate support shift to fee-based program that will support $500 million in guaranteed loans ($260 million increase)

23 EDA Brownfields Funding FY 2014 Total EDA Funding House: $220.5 million cut of $80,000 Senate: $276.2 million increase of $56 million Public Works and Infrastructure Grants House: $95 million Senate: $100.3 million Economic Adjustment Assistance Grants House: $32 million Senate: $55.7 million

24 What You Can Do Educate Members of Congress and staff about your local brownfields projects. Invite them to ribbon cuttings, tours, and events. Send them photos, news clips, project summaries. Include facts and figures on benefits to your community.

25 For More Information Ken Brown, NALGEP Judy Sheahan, U.S. Conference of Mayors Evans Paull, National Brownfields Coalition