LA Voluntary Remediation Program and Brownfields Initiatives

1. LA Voluntary Remediation Program and Brownfields Initiatives

2. LA Brownfield Tools and Programs • LA Voluntary Remediation Program (VRP) • Technical and Educational Assistance • Decreasing Regulatory Barriers • Louisiana Targeted Brownfields Assessment Services • Upcoming… • Brownfields Cleanup Revolving Loan Program • Brownfields Investor Tax Credit

3. Louisiana Voluntary Remediation Program • A Brownfields Redevelopment Tool • Helps To Manage Liability/Superfund Issues • Provides A Release Of STATE Liability For Further Cleanup Costs At A Site • Release Of Liability Applies To Participant And His/Her Successors And Flows To Future Buyers, Developers, And Lenders

4. Louisiana Voluntary Remediation Program (cont’d) • Program is VOLUNTARY, applicant may exit upon 15-days notice • Non-responsible (didn’t cause the contamination) applicants may perform less costly cleanups married to a particular use, requiring • Land use restrictions • Institutional controls

5. Release of Liability • Release of liability applies to participant and flows to his/her successors, future buyers, developers, lenders, and non-responsible property owners.

6. Current Status • 77 properties have enrolled in the program • 14 properties have completed the program, including the former American Can property in New Orleans and the Shreveport Convention Center

7. What About Federal Superfund Liability? • LDEQ signed a Voluntary Remediation Memorandum of Agreement (MOA) with EPA in September, 2004 • MOA gives assurances that USEPA will respect issuances of state releases of liability

8. Technical Assistance/Education • Technical Assistance • Scientific/Technical assistance to Local Brownfields Programs and VRP participants • Individual meetings with property owners/prospective purchasers • Brownfields Workshops and Conferences • Realtors/Developers/Planners Conference • Local “Breakfast” Workshops and Presentations • Annual Local Brownfield Programs Workshop

9. Decreasing Regulatory Barriers • LA Voluntary Remediation Program • Streamlined remediation process • LDEQ Reengineered “one-cleanup-program” • Prioritized Brownfields Cleanups • Louisiana Risk Evaluation/Corrective Action Program (RECAP)

10. RECAP • Risk-based cleanup standards • Science-based, objective yardstick for cleanup of sites • Conservation of cleanup $$$

11. Louisiana Targeted Brownfield Assessments • LDEQ Will Perform Environmental Site Assessments (ESA’s) At Brownfield Properties • Two Purposes—All Appropriate Inquiry and RECAP Investigation (assistance) • Available To Local/Regional Government and Non-profit Applicants • DEQ Has Completed Six ESA’s In The Past Few Months And Has More Planned • Applications Open Continuously

12. Louisiana Brownfields Revolving Loan Fund • LA Revolving Loan Fund Program Act Passed In 2004/Regulations Finalized September, 2005 • Below-Market Interest Rate Loans for Brownfields Cleanup Costs • Loans available to public and PRIVATE entities • Property Selection Competitive($200K per loan) • Plan to Initiate Program Later This Year. • Available Only To Non-Responsible Parties

13. LA Brownfields Investor Tax Credit • Created by the 2005 LA Legislature • Incentive for Private Entities to Redevelop Brownfield Properties • Credit Applied Against Louisiana Income Tax • 15% of Site Investigation Costs • 25% of Cleanup Costs • Credit Can Be Carried Over for Ten Years • Site Must Be Entered in the LA VRP • Available Only to Non-Responsible Parties

14. CONTACT US • www.deq.louisiana.gov/brownfields • (225)219-3236 • brownfields@la.gov • Roger Gingles • roger.gingles@la.gov • Duane Wilson • duane.wilson@la.gov • Rashaunda Johnson • rashaunda.johnson@la.gov