BROWNFIELDS AND SUSTAINABILITY: NEW MODES OF INFRASTRUCTURE

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1 BROWNFIELDS AND SUSTAINABILITY: NEW MODES OF INFRASTRUCTURE Presenters: Dan Wells - Senior Project Manager, AKT Peerless Environmental Services Nathan Voght Economic Development Specialist, Washtenaw County

2 Goals/Outcomes Brownfield issues, agencies involved, and terminology. Eligible property and costs designed to address Brownfield conditions. Focus on how public infrastructure, Low Impact Design, and green infrastructure can be integrated on a Brownfield site.

3 What is a Brownfield? A property or building that is contaminated, functionally obsolete, blighted, or historic. Michigan passed Act 381 of 1996 to help redevelop these properties. Can be industrial, commercial, residential, etc. MEDC approves non-environmental TIF reimbursement for redevelopment. DEQ approves environmental TIF reimbursement for redevelopment.

4 Brownfield Terminology: Eligible Property Property must meet at least one criteria: Facility (contaminated) Functionally Obsolete Blighted Historic Can include property parcels that are adjacent or contiguous to eligible property Also includes Land Bank Owned (tax reverted=blighted) and Transit Oriented Development property

5 Quiz How does it Qualify? Packard Motor Car Factory (Albert Kahn, 1903)

6 Act 381:What is Tax Increment Financing? The capture of tax value increase on a property to reimburse extraordinary costs associated with Brownfields: Local taxes (general operating, fire, library, etc). School operating (18 mills) and state education tax (6 mills). Captured taxes apply only on eligible property that is included in an approved Brownfield Plan.

7 Act 381:What is Tax Increment Financing? Brownfield Plans under Act 381 are Tax Increment Financing (TIF) Plans. How it works: - Developer makes improvements to a property, which raises the taxable value and increases the tax revenue collected from the property. - The pre-redevelopment - or base value - remains as a revenue stream to the jurisdiction, the increased value or increment is captured by the jurisdiction to reimburse the developer for Brownfield eligible activities. -"Win-win" situation; developer is paid back for increased costs due to Brownfield conditions, taxing jurisdictions do not lose any existing tax revenues from the property and get increased tax values in the long run.

8 How TIF Works Key to TIF is the increment, or increase in property value after a project is completed.

9 Act 381:Process 1. Brownfield Plan is approved by local municipality. Brownfield Plan usually assumes/includes State School Tax Capture to help reimburse brownfield expenses. 2. Act 381 Work Plan is submitted to the MEDC and MDEQ, to secure State School Tax Capture participation in brownfield expenses. 3. MDEQ approves environmental expenses. 4. MEDC (MSF) approves non-environmental expenses. Most non-environmental expenses ONLY available to Core Communities.

10 Act 381:Brownfield Plans Brownfield Plan: Is a local approval. Establishes what eligible property is included. Defines the reasonable brownfield costs related to getting the site ready for redevelopment. Indicates that the local jurisdiction is supportive of the tax increment revenue (TIR) capture. Sets the maximum amount of TIR that can be captured. Only commits "local" taxes to finance brownfield eligible expenses, but usually assumes State will commit School Taxes as well (through approval of a Work Plan).

11 Brownfield Terminology: Environmental Eligible Activities DEQ Activities 1. Baseline Environmental Assessments (BEAs) Phase I, Phase II, BEA Sampling and Analysis 2. Due Care Obligations Investigations, assessments for final use Vapor barriers 3. Additional Response Activities Soil remediation, clean up, or other actions to protect public health and environment

12 Brownfield Terminology: Non-Environmental Eligible Activities MEDC (MSF) Activities: 1. Building and Site Demolition Whole or partial buildings, interior or exterior. Old site infrastructure like concrete work, foundations, abandoned utilities, etc. 2. Lead and Asbestos Abatement 3. Infrastructure Improvements Within existing or proposed public right-of-way or easement. Sewer & water, lighting, paving streets, etc. Exception for stormwater management and parking decks on private land.

13 Brownfield Terminology: Eligible Activities 4. Site Preparation Prepares the site for development: clearing, soil removal and leveling, temporary fencing, traffic control, utility relocation, urban fill removal, etc. 5. Assistance to a Land Bank or Local Government Unit. Clearing title, purchase costs, acquisition for economic development purposes, moving government facilities. 6. Contingency (up to 15% ) and Interest (up to 5%) On eligible activity costs. 7. Brownfield & Work Plan costs (up to $30,000)

14 Act 381: Administrative Requirements Core Community designation determines available activities. Core: All eligible activities. Non-core: Environmental activities and Lead & Asbestos Abatement and Demolition only. Brownfield Redevelopment Authority - develops Brownfield Plan. Must have Local or County (if regional Authority) approval of Brownfield Plan to authorize tax capture. A County BRA must obtain concurrence for the TIF revenue capture from the affected city or township. MEDC and MDEQ must approve Act 381 Work Plan to secure State School Taxes.

15 State Agencies MSF/MEDC supports projects that: Are located in urban downtowns, are mixed-use, increase residential density, walkable (placemaking). Traditional commercial corridors. Alleviate Brownfield conditions. Have a strong economic development rationale (bring new jobs). DEQ supports projects that face redevelopment hurdles due to contamination conditions, either perceived or actual.

16 Work Plan Scoping and Approval Process Act 381 allows Brownfield Redevelopment Authorities (BRAs) to capture local and state property taxes to pay for eligible activity costs. Projects capturing local only taxes do not require approval by MSF or DEQ. Local capture may also be utilized to pay portions of the BRA administrative, or other expenses. DEQ TIF revenues can be used to fund a local site remediation revolving fund (or LSRRF). MSF TIF may not be used for this purpose.

17 Act 381: Work Plans Work Plan establishes: Approval from MSF and/or DEQ indicates support of the state education and school operating tax capture 1-2 months for locals to approve 1-2 months for MEDC to review and take to MSF for consideration.

18 Infrastructure Activities Brownfield TIF can be used for public and private infrastructure. Public roads and utilities, landscaping, streetscapes, lighting, seating, sidewalks, transit stops, parking decks. Private parking decks, underground retention, and Low Impact Design (LID) urban storm water management systems.

19 Green Infrastructure on Brownfields MEDC Policy is specifically supportive of SEMCOG Low Impact Design Manual Storm water management strategies Pervious Pavement Bioretention (Rain Gardens) Vegetated Swales Vegetated Roofs Rainwater Collection & Purification See Southeast Michigan Council of Governments LID Manual

20 Green Infrastructure on Brownfields May not exacerbate contamination. Must understand specific site conditions and design around them. Cap contamination with buildings (nonvolatile). Focus on capture & reuse, evapotranspiration, clean & release.

21 Case Study: Arbor Hills Shopping Center, Ann Arbor Platt Rd

22 Case Study: Arbor Hills Shopping Center Project Summary Former auto repair, gas station, agricultural uses. New upscale retail center. ~90,000 SF. $34m investment, $5.4m Brownfield TIF.

23 Case Study: Arbor Hills Summary of Infrastructure Funded $42k parking lot rain garden. $109k underground detention that discharges to wetland. $402K for Sanitary Sewer, Water Main, Electric Utilities in Public Easement. $89k for new Ramps, Crosswalks, at new signalized intersection. $126K for Traffic Signal Installation. $94K for Washtenaw Avenue streetscape, sidewalks, landscaping, bus pull-off. $195K for City of Ann Arbor Residential Sewer Disconnects (local only tax reimbursement). $58K for Engineering and Design. $1,115,000 in Sustainable and Non-Environmental Activities

24 $42K Rain Garden $109K Underground Detention $402K San. Sewer, Water, Electrical $89K Ramps, crosswalks for new signal $126K Traffic Signal $94K Streetscape, bus pull off, sidewalks

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29 Case Study: Grand Rapids Downtown Market

30 Case Study: Grand Rapids Downtown Market Former manufacturing, railroad, foundry, and other commercial uses. Now an indoor market with multiple restaurants and farmers market. Brownfield TIF: $5.1 million ($3m in infrastructure). Brownfield MBT Credit: $5.4 million. Brownfield DEQ Grant: $1 million.

31 Case Study: Grand Rapids Downtown Market Green Roof & Permeable Roofing

32 Case Study: Grand Rapids Downtown Market Cistern holds roof runoff

33 Case Study: Grand Rapids Downtown Market

34 Case Study: Grand Rapids Downtown Market Rain Garden & Green Wall

35 Other Common Brownfield Redevelopment Tools Local Abatements Obsolete Property Rehab Act (OPRA) Neighborhood Enterprise Zone (NEZ) Commercial Rehabilitation Act MEDC: Community Revitalization Grant & Loan Program, Local Site Remediation Revolving Fund (LSRRF) CDBG DEQ: Grant & Loan Program EPA: Assessment Grants

36 In Summary The state recognizes the complexity and challenges of redeveloping sites in urban settings. By helping to finance Brownfield and infrastructure costs, local and state governments can help facilitate infill redevelopment and Smart Growth. As many communities seek to redevelop their urban fabric with more walkable, dense, mixed use neighborhoods, financing infrastructure can be a significant tool in achieving this.

37 Questions & Answers Dan Wells, AKT Peerless Nathan Voght, Washtenaw County