States, tribes and, others to assess and clean up contaminated properties. Its an environment and Public Works Committee hearing is about two hours. [background noises] i call this hearing to order. Senator i call this hearing to order. Good morning, one and all. Senator capito, good to see you. Thank you for helping us pull this hearing together, this important hearing. Let me discuss the Environmental Protection agencys Brownfields Program as we begin to work on the programs of reauthorization. For nearly three decades now, brownfields has proven to be an important source of Helpful Community forced to contend with. The Program Provides federal assistance for communities to clean up contain him unaided we most recently reauthorized appropriations for this program with a strong bipartisan support about five years ago. I think it was 2018. Its time now to review the state of the Brownfields Program and to examine what works well, to identify potential ways to update the program so it can best meet the evolving challenges that communities face. I like to say that everything i do, i know i can do better. That includes our oversight of this program and the way this program operates throughout the country. Fortunately, we have four distinguished witnesses actually, three this morning. I think the fourth is remotely. We have three distinguished witnesses joining us in person. We have another remotely. They each possess decades of hands on experience working with state and local governments and private developers on brownfield sites across the country. Mr. Goldstein is joining us remotely. Mr. Carico is here and mr. Buschur, mr. Pouncey here as well. Thank you for joining us. If you wouldnt mind introducing this one fellow, carico, i fellow from West Virginia. That would be very. We already had a chance to show. We look forward to hearing from each of you. We want to delve into a little bit of the history of this important program. ,. ,. ,,,. ,. , the agency also reports that every dollar of the federal assistance leverage is over 20 of revitalization. This is contributing to the 180,000 jobs since 1995. Thats a lot of jobs for a big state or a little city. We have seen the positive impact of the program firsthand delaware since. The program began, the first aid has received shipbuilding site turned once a shipbuilding site turned a toxic sight this is a site right close to the train station. If you go back to world war ii, go back to about 160 or hundred seven years ago, 10,000 people worked along the Christina River close to the train station for about a mile either way. 10,000 people, mostly women, or building the ships which helped win the war in world war ii. When the war was over, we ended up with a toxic site. The question was what to do about it. What we thought about as we replaced it with the wilmington river find. Its a thriving place to live and work. We have a lot of people to think with respect to the Brownfields Program and this wonderful outcome. Its a place where the president elect proclaimed victory after the election two years ago. As we consider brownfields reauthorization, this committee should examine whether specific opportunities exist to further strengthen this program. I believe this reexamination should consider building upon programs existing and resources to help local authorities with areawide and Regional Planning brownfields remediation, increased support for planning, ensuring communities are better able to as our nation tonight is to grapple with the adverse impacts of Climate Change and extreme weather, reminder that today we are thinking of our neighbors and friends down in florida as they endure a terrible punishment from the hurricane working its way up the coast. The program should also encourage sustainable revitalization projects. By doing, so we can support to me the efforts to become more useful while reducing Greenhouse Gas emissions. In addition the, program should incorporate and principles and practices to ensure that the people and communities negatively affected by local land pollution can fully participate in the benefits of brownfield revitalization. Finally, as we consider ways to improve the Brownfields Program, we should ensure that the program not only assists communities with financial and tactical burdens of revitalizing contaminated lands, but also encourages stakeholders to fully engage with residents during the planning and execution of projects. Let me close by reiterating that it is now the right time to explore improvements to this vital program. Last year, we provided the epa with a three fold increase in funding for the Brownville Program under the bipartisan infrastructure law, which this committee knows we literally helped to write. We need to ensure that the program can use these Additional Resources to the greatest effect in assisting our cities and towns and our communities and our tribes. I look forward to our discussion today and the work that lies ahead of all of us. We welcome our witnesses in person and remotely let me. Turn to senator capito. Thank you, chairman carper. I want to thank you for holding the hearing to talk about the epas Brownfields Program. I want to thank all of our witnesses for being here. Its a rare occasion when the epa program enjoys strong bipartisan support along this committees dais, as we know. The Brownfields Program has become a resounding Success Story for our economy and the environment. Since we are on the east coast and have developed a lot earlier, we have a lot of older sites and both of our states. Brownfields are pieces of property or redevelopment where it is complicated by the presence of a large variety of contaminated properties are potential brownfield sites. Common examples are abandoned factories, landfills, and former gassed asians and dry cleaners. We had an issue with the dry cleaner in our state. These underdeveloped properties lining the streets which ones were bustling industrial and commercial and agricultural areas across our nation, discouraging investment and job creation, producing local tax revenues, and harming property values. Rather than viewing these properties as a stain on the community, the Brownfields Program recognizes the vast untapped economic potential is contaminated sites can have after they have been successfully remediated. E programs inception, 36 billion in brownfield grants have been allocated to local communities, getting about 192,000 jobs. Inundation, the program is one of the most effectively leveraged. It provides a return of more than 20 for every dollar contributed by the epa. Brownfields grass serve as a financing tool for local private investors by providing reliable funding and facilitating long term or use funding. They reduce Financial Risks and Shell Developers from potential liability under circa. All parties have invested interest in the long term restoration of a contaminated site. These help the local Community Enjoy the benefits of for decades to come. We recognize the successes of brownfields. We must acknowledge as the chairman did improvements are needed. This is particularly important if we are maximizing the return on the 1. 5 dollar investment the program received from the iija. For example, congress appropriately intended brownfield grants to be awarded on a competitive basis. However, rigorous and complex applications require a continued source of confusion within the program. Applicants typically have only 60 days to compete and submit announces another rounds of grand solicitations. The short timeframes and complicated requirements lead to situations where Rural Communities are unable to compete with their larger urban counterparts due to a lack of resources. Unlike larger cities and urban centers, local municipalities typically are operating in multiple fulltime grant rioters on the staff. This makes it an uphill battle for our world communities when they try to compete. As mr. Care across, you lose points quickly. There have been projects that have not made it. You can see how competitive it is. Discrepancies and Staff Resources impede Rural Communities from competing on a level Playing Field, ultimately leaving many promising Brownfield Development opportunities on realized in disadvantaged areas wishing the most. Until you can clean that and remediate it, you are not going to get any development around it. The epa deserves credit for recognizing that there is a problem. One way the agency has attempted to address the issue is to otherwise known as tab. There are six recipients of tab funding. I understand the Morgantown Office in West Virginia is a tab funded facility, refer to us to our providers. Each is assigned to a region in the country. Tab provider serve as an independent resource assisting applicants with expert Technical Assistance and guidance to help them navigate the brownfield application process. They serve as a role in facilitating more grant applications which lacked their own grant writing capacity. We or privilege to have with us today someone who has worked with the Tower Program and has worked in West Virginia which is george carico. He serves as the director of the regional Brownfield Assistance Center at martial university. He has devoted his entire career to the brownfield arena, helping to bring muchneeded funding to the state and the region. I want to recommend you for the high praise the West Virginia brownfield assistant centers often receives from the broader brownfield stakeholder communities. Thank you. Your forwardlooking and innovative approach to maximizing world participation should be a model for other rural areas in the country. I look forward to hearing about the work you have undertaken in rural areas to facilitate economically development and Community Vibrancy. We are also joined by the chairman of the Martin Law Firm with decades of experience in the acquisition and redevelopment of hundreds of Brownfield Properties. He will provide this committee with a much new perspective on the developer side. His past work was praised by the epa as a best practice in brownfield redevelopment. He continues to receive numerous accolades, having been honored as he is one of atlantas 500 most influential leaders. Thank you for coming today. I look forward to hearing about how the private sector participation in the Brownfield Program is so important to longterm success. I want to thank everyone for being here. Its an important hearing. I yield back to you. Thank you very much. I just want to add that a lot of people watch what goes on in washington think we never agreed on anything. You are welcome to a committee today were we actively work remarkably well. The bipartisan infrastructure bill was signed into law ten months ago. Its one of the most farreaching, transformative infrastructure legislation in history of the country. We rotated out the we reported the waste water stuff unanimously. We have reported out what became the foundation on which the more recently, we got word that a lot of Resource Development for the senate. We did similar things with recycling legislation this year. More often than not, we find work toward getting stuff done. Im a practical politician. We are both West Virginians and heart. We work with our team and we are delighted you are with us today. For a couple of our witnesses, i would add to that mr. Goldstein. Hes an environmental law attorney and a leader in brownsville development. Hes joining us from florida. Hes the founding chairman of the florida brownfield association. I know mr. Goldstein has i am glad that we are we understand is doing it from the hurricane. My parents lived the last 30 years of their lives in clearwater. Theyre under the gun there. We are thinking of them and the neighbors up and down the gulf coast. Mr. Brad buschur, thank you for joining us. The project director for the groundwork in lawrence, massachusetts. I used to a number of we had redevelopment within that particular area. I would add mr. Pouncey to the comments from senator capito. We are both chairman. You can never have too many of them. Along with mr. Goldsteins firm, he is a member of the National Brownfields coalition. I understand that you are the principal author of georges new brownfield legislation as well. Its a very interesting form. Finally, my friend from West Virginia, mr. Carico, the director of the Brownfield Assistance Center. [inaudible] my sister is a graduate of marshall and a bunch of my cousins as well. About every 10 to 20 years, they knock someone off college football. Ohio state, michigan, about 15 years ago, my notre dame my sister and my cousins are hard to live with when that happens. I will get through it and so will they. Our thanks to him for joining us. We are going to lead off with you. Thank you for connecting with us. Its very difficult and trying in florida. Please proceed. Thank you. Good morning, chairman carper, Ranking Member capito, and members of the committee. My name is michael goldstein. On the managing partner of goldstein law firm. And the past president of the florida brownface association and chairman of the National Brownfield coalition of Public PolicyRedevelopment Center and regulatory partnerships committee. The coalition jointly managed by america and the center for Creative Land recycling as a non partisan alliance advocating for equitable remediation of brownfield nationwide. Its an honor to participate. Thank you for this opportunity. My remarks today are informed by three decades of experience assisting businesses, local events, and Community Stakeholders to develop and other witnesses will no doubt speak to the magnificent Brownfields Grant Program administered by the epa which is transform talent fine mentally challenging marginalized communities think about pollution, where they live, work, pray, and play. The epa Brownfields Program and the funding that congress has increasingly made available beginning in the mid 1990s has given the voiceless a voice in the powerless agency. This program is constantly evolving and innovating and reinventing. In terms of a regulatory strategy, it is as close to perfect as one could possibly want. Of course, the program is inundated by the people who surround it. I want to celebrate the epa staff and the Brownfields Program in the superfund redevelopment program. If there were harder working more professional environmental officials who will make a difference in their lives of the millions of officials every single day, i havent met them yet. Turning to our substantive recommendations, the coalition in clear just a committee to double down on the boldness of the federal Brownfields Program by adding to the resources which are currently available, not just enhancing those in the books. We need to add more tools to the toolbox by innovating legislatively with respect to Financial Resources and to providing additional mandates to certain federal agencies to increase the farrier power that we can tap into. On the financial side, we recommend three new discreet funding opportunities. First, as part of the reauthorization bill, we renew the federal brownfield Tax Deduction before expired into thousand 11. This incentive allow the party who clean up contaminated property to deduct cleanup costs when the year incurred. A report prepared by the coalition shows that section 198 of the tax reduce remediation costs by one third to one half. It was used more than 625 times and more than 40 states. Second, we strongly recommended the creation of a brownfields Loan Guarantee program. This program would combine the aspects of the deal Loan Guarantee program with a new Market Tax Credit Program to leverage many billions of private sector dollars for early stage bridge financing of redevelopment projects which are considered too risky for conventional lenders. And my professional experience, there are countless projects which fail on the concept stage because they are caught in an unwinnable position. They are not alone worthy until the risks are concerned, but the environmental risks cannot be cleared into loan funding is available. Third, brownfields reauthorization is inelegant and timely vehicle to combat the Affordable Housing crisis in this country. We are recommending a significant expansion of the language of Afford