Cleanup of
Contaminated Brownfield Properties to Aid in Transferability and
Revitalization
In Texas, many former industrial properties lie dormant or
underutilized due to liability associated with real or perceived
contamination. These properties are broadly referred to as
brownfields. The TCEQ, in close partnership with the U.S.
Environmental Protection Agency (EPA) and other federal, state, and
local redevelopment agencies, and stakeholders, is facilitating
cleanup, transferability, and revitalization of brownfields through
the development of regulatory, tax, and technical assistance tools.
In addition to the specific programs mentioned here, the TCEQ is
available at no cost to local governments and will provide
technical advice, education, and project partnering for brownfields
redevelopment projects. If you have any comments or questions about
the Brownfields Redevelopment Initiative, please send an e-mail to
vcp@tceq.state.tx.us.
Brownfields Site
Assessments
The Brownfields Site Assessment (BSA) program primarily provides
services such as Phase I and Phase II Environmental Site
Assessments conducted during commercial real estate transactions
for local governments and non-profit organizations; however, the
scope of work can range from filling in data gaps to performing
small-scale VCP site investigations. From 1998 through June 2004,
the TCEQ has performed site assessment activities totaling over
$1,000,000. BSA Applicants have included a number of
municipalities, school districts, and non-profit organizations.
Redevelopment plans for some of these sites have included a Boys
and Girls Club of America, low income housing, a homeless shelter,
fire stations, a municipal water tower and park land.
In 2004, the TCEQ received additional funding from the EPA for
its Brownfield Site Assessment (BSA) program. Funding is provided
through the "Small Business Liability Relief and Brownfields
Revitalization Act" enacted by the federal government in January
2002. This law defines a Brownfields site and allows greater
flexibility in the use of grant funds. In response to this
flexibility, the TCEQ can now perform BSAs on petroleum
contaminated sites and is initiating a RCRA BSA program. The RCRA
BSA program with approval of the EPA, can perform assessment
activities on sites that do not meet the federal definition of a
Brownfields site (i.e. subject to an order or permit). In addition,
the BSA program can provide free technical oversight for
Brownfields projects that have been awarded EPA Subtitle A
Brownfields Grants.
The TCEQ would like to provide BSAs for as many eligible sites
as possible and will accept applications as long as resources
remain. To increase you chances of your project being funded,
applications should be submitted as soon as possible. For more
information on funding availability and BSA's, please call Mike
Frew at 512/239-5872. For RCRA Brownfields information you may call
Alan Posnick at 512/239-2332.
Brownfields Site Assessments Database
The database
contains relevant information on sites in the BSA program. This
file and the database, bsadb.zip, can be downloaded as a zipped
file. The file is in Microsoft Excel format. For downloading help,
link to Compressed
Files. The file was last revised November 2008.
If you have any questions about how to download this database or
this web page, please contact Diana Christiano at
512-239-5696.
Application and Guidance available in
PDF
Federal Tax Incentives for Brownfields Redevelopment(Expensing
of Remediation Expenditures) Federal
Brownfields Tax Deduction.pdf. Use this form to obtain
certification from the TCEQ that a property is located within a
targeted area and that the property has had a release, or threat of
release or disposal of any federal hazardous substance as defined
in section 101(14) of CERCLA.
Exclusions:
Remediation expenditures that would not qualify for this provision
are properties:
- contaminated with petroleum or any fraction thereof which is
not otherwise specifically listed or designated as a hazardous
substance, including gasoline products (HR 2014, Section
198(d)(1);CERCLA Section 101(14));
- contaminated only with naturally occurring hazardous
substances, products that are part of a structure such as asbestos,
and releases to drinking water supplies which occurred due to
normal equipment deterioration (HR 2014, Section 198(d)(2);CERCLA
Section 104(a)(3)); or
- which are on, or proposed for, the national priorities list (HR
2014, Section 198(c)(2)(B);CERCLA Section 105(a)(8)(b)).
For more information contact:
TCEQ Voluntary Cleanup Program, MC 221
PO Box 13087
Austin, Texas 78711-3087
512/239-5872.
State Property Tax
Incentives for Brownfields Redevelopment (Ad Valorem Property Tax
Abatements)
me local governments can now offer additional ad valorem
property tax abatements to attract brownfield cleanup and
redevelopment.
Senate Bill 1596 
and
House Bill 1239 of
the 75th Texas Legislative Session added
Section 312.211 to the Texas Tax Code. This section allows
municipal or county taxing authorities to provide property tax
relief for the development or redevelopment of certain brownfield
properties that are located within a reinvestment zone and have
been cleaned up through the VCP.
To be eligible, the real property must:
- be located in a reinvestment zone created under Section
311 of the Texas Tax Code;
- not be in an improvement project financed by tax increment
bonds; and
- have received a Voluntary Cleanup Certificate of Completion
from the TCEQ's VCP.
The governing body must enter into a tax abatement agreement
with the owner of the Brownfield property as per Section
312.002 of the Tax Code. The governing body is
allowed to exempt from taxation:
- not more than 100 percent of the value of the property in the
first year covered by the agreement;
- not more than 75 percent of the value of the property in the
second year covered by the agreement;
- not more than 50 percent of the value of the property in the
third year covered by the agreement; and
- not more than 25 percent of the value of the property in the
fourth year covered by the agreement.
For more information contact your mayor, county judge, or the
TCEQ at 512/239-5872. The following links can also be used for
seeking financial assistance:
Technical Assistance to
Local Governments for Brownfields Redevelopment
Through its relationship with the EPA, the TCEQ is able to
provide technical advice, education, and project partnering
(including partnering with other federal and state agencies) for
some brownfields redevelopment projects owned by local governments,
or where the local government is playing a key role in the
redevelopment. Other tools that may be available in the future to
help pay for investigations and cleanups include the Brownfield
Site Assessments and revolving loan funds/grants. Local governments
are encouraged to call Mike Frew at (512)239-5872 to inquire about
Brownfields assistance availability.
EPA Region 6 Brownfields
Development ToolsGrants Through the National Brownfields Pilot
Award Program
Since fiscal year 1995, the EPA has provided funding to 250
states, cities, towns, counties, and tribes for Brownfields
Assessment Demonstration Pilots. The pilots, each funded at up to
$200,000 over two years, will test redevelopment models, direct
special efforts toward removing regulatory barriers without
sacrificing protectiveness, and facilitate coordinated site
assessment, environmental cleanup, and redevelopment efforts at the
federal, state, and local levels. These funds will be used to
generate interest by bringing together community groups, investors,
lenders, developers, and other affected parties to address the
issues of cleaning up sites contaminated with hazardous substances
and returning them to apapropriate, productive use. The pilots will
serve as vehicles to explore a series of models for states and
localities struggling with such efforts.
Financial and Technical Assistance by Designation as a National
Brownfields Showcase City
The Brownfields National Partnership Action Agenda calls for the
selection of 10 showcase communities across the country to
demonstrate that through cooperation, federal, state, local, and
private efforts can be concentrated around brownfields to produce
environmental cleanup, stimulate economic development, and
revitalize communities.
Special Targeted Site Assessment Assistance to Cities
Through the use of existing federal Superfund assessment and
investigation funds, EPA Region 6 offers site assessment and
technical assistance services for local governments and
non-profits.
For more information regarding the above EPA programs
contact:
Ms. Monica Smith
Environmental Protection Agency
Region 6 Brownfields Coordinator
214/665-6780
See EPA
Region 6 Brownfields Program for
more information.
