|
||||
|
Date
|
July 27,
2009
|
||
|
Agenda
Item No. 32 Roll
Call No. 09-
Communication No.
09-501 Submitted by: Matt Anderson Economic Development Administrator |
||||
AGENDA
HEADING:
Resolution
endorsing the extension of the Brownfields Program and the amendment of the
program regulations to clarify and bolster liability protections for cities
that acquire brownfield sites.
SYNOPSIS:
The US Conference of Mayors, National League of Cities,
National Association of Counties, and numerous individual cities have endorsed
action on a bill to reauthorize and amend the U.S. Environmental Protection
Agency (EPA) Brownfields Program. The
proposed amendment
would clarify and bolster liability protections for public entities when they
acquire contaminated land.
The
City Council is asked to endorse concepts as presented below and authorize the
Mayor to execute the accompanying letter to the U.S. House of Representatives.
FISCAL
IMPACT: NONE
Amount: N/A
Funding Source: N/A
ADDITIONAL
INFORMATION:
One
of the Coalition’s proposals is to clarify and expand liability protections for
public entities that acquire contaminated brownfield sites where the public
entities had no involvement in the contamination. This proposal is of great interest to the
many localities that are, out of necessity, taking ownership of brownfield
properties. Some brownfield sites are
unlikely to be redeveloped through private investment. If these sites are blighting influences that
prevent neighborhood revitalization, the only option that will work is public
acquisition.
Through
a variety of means including tax liens, foreclosures, purchase, and the use of
eminent domain, local governments can take control of brownfields in order to
clear title, consolidate multiple parcels into an economically viable size,
conduct site assessments, remediate environmental hazards, address public
health and safety issues, and otherwise prepare the property for development by
the
Although
property acquisition is a vital tool for facilitating the development of
brownfields, many local governments have been dissuaded by fears of incurring liability
for contamination they had no role in creating or releasing. The Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) includes liability defenses and
exemptions that may protect local governments that “involuntarily” acquire
brownfields. However, the majority of
the sites acquired by local government are either unprotected (which is the
case for voluntary acquisition), or are subject to widely varying
interpretations of what is meant by “involuntary acquisition.” Even properties acquired through tax
delinquency (one of the examples cited in the law and often presumed to be
protected) may not necessarily be exempt if the local government took
affirmative (“voluntary”) steps in the tax delinquency process.
The
accompanying letter informs Congressional leaders that the City of Des Moines
is in favor of amending CERCLA to provide for greater clarity and a higher
level of protection for acquisition activities that clearly serve public
purposes. The amendments should:
§ Eliminate the term “involuntary”
in describing the protected activities.
§ Add a plain language exemption
for local governments that acquire contaminated properties for redevelopment
purposes, as long as the governmental entities have not created or released the
contamination.
§ Modify and expand the current
protections under the category of “rendering care and advice” to include
actions taken by local government to address public health and safety issues at
sites, so long as the governmental entity acts responsibly in doing so.
PREVIOUS
COUNCIL ACTION(S): NONE
BOARD/COMMISSION
ACTION(S): NONE
ANTICIPATED
ACTIONS AND FUTURE COMMITMENTS: NONE
For more information on this and other agenda items,
please call the City Clerk’s Office at 515-283-4209 or visit the Clerk’s Office
on the second floor of City Hall,