What Are Brownfields?
Brownfield Sites are generally abandoned, idled, or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination. 376.79(3), F.S.
Brownfield Area is a contiguous area of one or more brownfield sites, some of which may not be contaminated, and which have been designated by a local government by resolution. Such areas may include all or portions of community redevelopment areas, enterprise zones, or other such designated economically deprived communities and areas, and Environmental Protection Agency designated brownfield pilot projects. 376.79(4), F.S.
Brownfields Redevelopment is the process of rehabilitating and revitalizing abandoned, idled, or underused industrial sites or areas though public and private action.
Benefits of Brownfields Redevelopment
Community Benefits
Eventual redevelopment of Brownfields results in unsightly buildings being removed or renovated. These physical improvements will add to the beauty of our neighborhoods and our City as a whole. More importantly, health risks to those living and/or working near these sites will diminish, as potentially harmful contaminants will be removed. Finally, redevelopment of unproductive parcels of land will result in creation of new jobs in the community in addition to improving the City's tax base. In general, Brownfield redevelopment contributes to a better community in which to live and work.
Voluntary Cleanup Tax Credit
The 1998 Florida Legislature created the Voluntary Cleanup Tax Credit (VCTC) to encourage voluntary cleanup of certain dry cleaning solvent contaminated sites and sites in designated Brownfield areas. The 2006 Florida Legislature modified and expanded the VCTC. The following table summarizes the changes:
For more information visit the FDEP website at::
www.dep.state.fl.us/waste/categories/vctc/default.htm
Other Economic Incentives
Brownfield Area Designated sites are eligible for various economic incentives that include:
a) Bonus refund for job creation—up to $2,500 per job;
b) Loan guarantees for primary lenders - Up to 50% on all sites/Up to 75% when end use is affordable housing;
c) Sales tax credit on building materials;
d) Brownfield area benefits administered by Enterprise Florida, Inc.
For more information regarding economic incentives, visit the FDEP website at:
www.dep.state.fl.us/waste/categories/brownfields/pages/economic_incentives.htm
Liability Protection
Any person, including his or her successors or agents, who executes and implements to successful completion a FDEP brownfield site rehabilitation agreement, is considered relieved of further liability for identified contaminants and site remediation.
For more information, visit the Florida Statutes, Section 376.82 online.
Federal Tax Incentive
Initially enacted in 1997 and extended through December 31, 2007, the Brownfields Tax Incentive encourages the cleanup and reuse of brownfields. The Brownfields Tax Incentive provides the following advantages to taxpaying stakeholders conducting environmental cleanup at brownfields sites:
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Allows environmental cleanup costs at eligible properties to be fully deductible in the year incurred, rather than capitalized and spread over a period of years.
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Improvements in 2006 expanded the types of properties eligible for the incentive to include those with petroleum contamination.
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Previously filed tax returns can be amended to include deductions for past cleanup expenditures.
|
Tax Credit Type
|
Priory to July 1, 2006
|
Effective July 1, 2006
|
| Site Rehabilitation |
35%
|
$250,000
|
50%
|
$500,000
|
No Further Action
( i.e., SRCO ) |
10%
|
$50,000
|
25%
|
$500,000
|
| Affordable Housing |
n/a
|
n/a
|
25%
|
$500,000
|
| Solid Waste |
n/a
|
n/a
|
50%
|
$500,000
|
|
*SRCO Site Rehabilitation Completion Order
|
Above information from the following US EPA website:
www.epa.gov/swerosps/bf/taxincentive_factsheet.htm
Background
The City of Fort Myers was awarded a Brownfield Assessment Demonstration Community grant by the US Environmental Protection Agency (EPA). The City received $169,000 to formulate and administer a brownfield redevelopment program and conduct environmental site assessments on selected sites. To solidify the program, City Council adopted Florida's Brownfield Redevelopment Act into the City's Code of Ordinances, which guides and promotes Brownfield redevelopment in the State of Florida. The overall goal of the program is to return as many brownfield properties to productive use as possible.
City’s Brownfields Policy
Brownfields not addressed by environmental remediation are an inefficient economic use of urban land; contribute to community decline, slum and blight; present a potential hazard to public health; and, if unaddressed, brownfields result in premature expansion and sprawl of urban development. Environmental remediation and reuse of brownfields are in the economic, environmental and community interests of the City and shall be a priority in implementation of the City's Comprehensive Plan.
Therefore, it is the policy of the City Council of the City of Fort Myers to provide assistance and incentives to public and private landowners and businesses to facilitate the environmental cleanup and reuse of contaminated urban property.
The City of Fort Myers Brownfields Redevelopment Program was established to execute the directives of this policy.
Program Qualifications
Eligible brownfield projects shall meet the minimum requirements of the applicable designation and assistance guidelines under the Federal, State or City program (Chapter 26, Article III) for which the project is seeking to qualify. It is not the intent of the Fort Myers City Council to establish requirements for qualifications other than those of the Brownfields Redevelopment Program policy and existing brownfield laws and rules. Qualifying brownfield projects shall meet the basic definition and intent of brownfield development and reuse.
Brownfield Designation Process
The designation process consists of the following six steps:
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Pre-application meeting
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Provide documents for Brownfield designation consideration
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City Staff Action
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Brownfield Advisory Board consideration
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City of Fort Myers Council consideration
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Filings with Federal and State Agencies
Pre-Application Meeting
The brownfield project sponsor/applicant meets with City staff and other brownfield interested agencies to discuss the brownfield redevelopment project applications and compliance with the City program qualifications.
Provide Documents for Brownfield Designation Consideration
Applicant completes and submits the City's brownfield designation application to qualify for assistance under the Florida Brownfields Redevelopment Act or for the City's Brownfields Redevelopment Program. Applicant also submits the following support documents:
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Zoning Verification Letter from the City stating that uses of the proposed project are permitted.
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Letter from the City of Fort Myers Community Development Department stating that the proposed brownfield area is consistent with the City's Comprehensive Plan.
City Staff Action
Upon receipt of the Brownfield Designation application, the Brownfield Coordinator reviews the application and, if it is accepted, circulates a public notice, and prepares a staff report.
Brownfield Advisory Board Consideration
Staff presents the application for consideration to the Brownfield Advisory Board recommending approval. The agenda item shall be scheduled within 90 days of staff deeming the application complete and adequate.
Resolution by the City of Fort Myers City Council
After favorable consideration by the Brownfield Advisory Board, the City of Fort Myers City Council shall consider a resolution designating the proposed site a brownfield area under the Florida Brownfield Redevelopment Act.
Filings with Federal and State Agencies
City Council action for a brownfield designation shall be filed with the Florida Department of Environmental Protection in compliance with the Florida Brownfields Redevelopment Act.