Hazardous Discharge Site Remediation Fund. Changes based on A1954

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Hazardous Discharge Site Remediation Fund Changes based on A1954

Hazardous Discharge Site Remediation Fund Grant/Loan Program administered by both the NJDEP & the NJEDA Started in 1993, major modifications in 2002, 2005, 2009 and most recently in 2018 Provides grants & loans to government entities, private citizens, & non-profit organizations Funds preliminary assessments, site investigations, remedial investigations and remedial actions at brownfield sites (mostly)

A1954 Modified the HDSRF Program Signed into law on January 15 th, 2018. Significant modifications to both Private Party and Public Entity grants. Took effect immediately upon signing (1/15/18). Does not apply to approved & closed grants, or grants awaiting approval at EDA at time of signing.

Grant Types Eliminated All grants eliminated are Private Party Grants: Innocent Party Grant (50% match). Innovative Technology Grant (25% match). Limited Restricted Use portion of the Limited Restricted Use/Unrestricted Use Soil Remedial Action Grant (25% match).

Eliminated Grants - Supplementals For the grants that have been eliminated, supplemental grant applications are considered new applications and are not eligible for funding.

Private Party Loans: Before: Loans were capped at $1,000,000/year. Now: Loans are capped at $500,000/year.

Public Entity Modifications

Public Entity Modifications Reduction of Annual Caps for Government Entities. Reduction of Annual Caps for Brownfield Designated Areas (BDAs). Reduction of Statewide Caps for Recreation/Conservation; Affordable Housing; Renewable Energy Grants. Reprioritization of funding. Portion of grant funding allocated for sites not in a BDA. Change in language regarding realistic opportunity to redevelop. Timeframes established for PA s, SI s, and RI s. Additional requirements for Supplemental Grant requests.

Public Entity Modifications Reduction in Annual Caps Annual Grant Caps to Municipal/County/Redevelopment Authorities reduced from $3,000,000 to $2,000,000. Annual Grant Caps for the additional funding within BDAs reduced from $2,000,000 to $1,000,000. Recreation/Conservation; Affordable Housing; Renewable Energy Grants cap is reduced from $5,000,000 to $2,500,000 statewide.

Public Entity Modifications Reprioritization of Funding Types 1. Immediate Environmental Concerns continue to be First priority. 2. Previously, Sites in Planning Area 1 and 2 were Second priority. Now Third priority. 3. Sites within a Brownfield Development Area are now Second priority. Readiness to proceed is an added factor in prioritizing applications. Caveat: At least 30% of funding shall be allocated for PA, SI, and RI grants for Non-BDA Sites.

Public Entity Modifications Change in Language re: Development Commitment Act requires Economic Development Authority to adopt criteria to provide direction for Public Entities to show a commitment that the property receiving the grant will be developed within a 3 year period from completion of the remediation. Will need more than a resolution stating a realistic opportunity exists which is the current requisite.

Public Entity Modifications Timeframes Added Preliminary Assessments Completed within 2 years from Grant Closing. Site Investigation Completed within 2 years from Grant Closing. Remedial Investigation Completed within 5 years from Grant Closing. Failure to complete task will result in cancellation of the award.

Public Entity Modifications Supplemental Grants/Loans Must demonstrate previous grant or loan award has been fully expended or will be fully expended before supplemental grants or loans can be recommended.

Changes Implemented by DEP HDSRF Application & Instructions have been updated. Changes have been made to the HDSRF at a Glance Chart on OBR website. Letters of Ineligibility have been sent to those with an application at DEP that were affected. List Serve was sent out announcing the changes. Chart summarizing changes placed on OBR website.

? QUESTIONS? John Doyon: john.doyon@dep.nj.gov (609) 633-0713 Rachel Orobono-Stopper: Rachel.orobonostopper@dep.nj.gov (609) 633-0736 Michael Deely: michael.deely@dep.nj.gov (609) 633-1332