Brownfields Reuse
Brownfields are properties that are contaminated, or thought to be contaminated, and are underutilized due to perceived remediation costs and liability concerns. When agricultural and green spaces are developed for residential, commercial or industrial uses, infrastructure such as roads and sewers must be developed. That redundant infrastructure wastes scarce tax dollars and adds to the burden on California's environment. Redeveloping frequently urban brownfields properties optimizes the use of existing infrastructure and protects our precious resources. DTSC has integrated existing programs and developed a number of new tools to facilitate reuse of brownfields properties. NOTE: Check the Laws, Regulations and Policies page on this site for final regulations related to Brownfields Reuse. Click on one of the links below to go directly to a specific topic: Recent Workshops State and Federal Brownfields Funding Workshop - July 2007 DTSC's Ecological Risk Assessment Process Workshop - March 2007 All Appropriate Inquiries (AAI) All Appropriate Inquiries Workshop Material - January 2007 Brownfields Fact Sheets and General Information Chart: General Comparison of Liability Protection - September 2005 Brochure: DTSC Brownfields Vision, Brownfields, Initiatives, Brownfields Projects - October 2001 Fact Sheet: Brownfields Initiatives - January 2007 Article: Brownfields and the California Department of Toxic Substances Control: Key Programs and Challenges - by Barbara Coler and Denise Ferkich Hoffman, published in the Golden Gate University Law Review, Spring 2001 Article: Brownfields Redevelopment - March 1998 (Revised March 1999) Article: Redevelopment and Revitalization of Brownfields, Department of Toxic Substances Control Initiatives - by Barbara Coler and Steve Koyasako, published in the October 1995 Update of the Redevelopment and Revitalization of Brownfields Conference proceedings Fact Sheet: Environmental Renewal and Economic Revitalization Successes - March 1996 Management Memo: Approval of a Partial Site Cleanup (MM 92-4, April 1992)
Cleanup Guidance Advisory: Active Soil Gas Investigations Guidance Manuals: Ground Water Investigations Preliminary Endangerment Assessment Guidance Manual - January 1994
Abandoned Mine Lands Preliminary Assessment Handbook - February 1999 California Uniform Site Assessment Tools - June 2007 Fact Sheet: Guide to Selecting a Consultant - June 2001 Management Memo: Response Actions for Sites Where Future Use May Include Sensitive Uses - July 2002 Management Memo: Determining Whether to Pursue Cost Recovery or Enforcement Actions Against Property Owners Whose Land Overlies Contaminated Ground Water Solely on the Basis of Land Ownership - December 1990 Soil Vapor Extraction (SVE) Emission Treatment Technologies and Alternatives. Sponsored by DTSC, the Department of Civil & Environmental Engineering at the University of California, Davis, developed a Web site that addresses soil vapor extraction (SVE), a process used to draw chemicals in vapor form out of contaminated soil. The site contains information about conventional SVE emission control technologies, and a checklist of questions for communities to consider when faced with the possible need for this technology to be used. Click here to go to the UC Davis Soil Vapor Extraction Web site. Success Stories
Site Mitigation and Brownfields Reuse Program Database (EnviroStor) The new EnviroStor database is an online search and Geographic Information System tool for identifying sites with known or potential contamination, and sites where DTSC's environmental oversight or review has been requested or required. Searches can be conducted by site name, address, city, and county, or EnviroStor ID number. The EnviroStor database can also be downloaded. All public inquiries regarding the EnviroStor database should be directed to the Site Mitigation and Brownfields Reuse Program (EnviroStor) help desk at (916) 323-3400 or EnviroStor@dtsc.ca.gov.
Deed-Restricted Sites
A land use restricted site is a property where DTSC has placed limits or requirements on future use of the property due to varying levels of cleanup possible, practical, or necessary at the site.
Redevelopment Agency Oversight Agreement The Polanco Legislation for Redevelopment Agencies grants local redevelopment agencies qualified immunity from State or local laws if cleanup is conducted in accordance with a remedial action plan approved by DTSC, a Regional Water Quality Control Board or local agency. The liability immunity extends to property successors and lenders. Fact Sheet: Redevelopment Agency Environmental Oversight Agreement - April 2004 Prototype Environmental Oversight Agreement - March 2004 Voluntary Cleanup Program Established in 1993, the Voluntary Cleanup Program allows DTSC to provide oversight to motivated parties to address Brownfields sites. The Fact Sheet and Policies and Procedures for this program are in the process of being updated and will be posted to our website in the near future. The Request for Lead Agency Oversight of a Brownfields Site Application, formerly known as the VCP Application, is currently available online in two formats. If you are having problems accessing or using this application, please contact Maryam Tasnif-Abbasi, at mtasnif@dtsc.ca.gov. Fact Sheet: The Voluntary Cleanup Program Fact Sheet - October 2002 Application: Request for Agency Oversight Application (PDF version) - January 2007 Request for Agency Oversight Application (MS Word version) - January 2007 Policy and Procedure: Managing Voluntary Site Mitigation Projects (EO 95-006, September 1995) Expedited Remedial Action Program The Expedited Remedial Action Program is a pilot voluntary cleanup program which provides numerous incentives to responsible parties to accelerate environmental cleanup work. Legislation enacted in 2004 (Assembly Bills (AB) 79 and AB 2701) revises the reporting requirement and reduces the frequency that the Expedited Remedial Action Report is published. AB 2701 requires DTSC to provide information every two years on the progress of implementing the ERAP Program instead of annually. Report on California Expedited Remedial Action Reform Act of 1994 - December 2006 Fact Sheet: Expedited Remedial Action Program (SB 923) - October 1997 Prospective Purchaser Agreements and Liability Relief A Prospective Purchaser Agreement between DTSC and a person who will be a responsible party upon the purchase of a site releases the purchaser from environmental liability when the site is cleaned-up according to DTSC's direction. Fact Sheet: Prospective Purchaser Policy - May 2001 Application: Prospective Purchaser Application - May 2001 Policy and Procedure: Prospective Purchaser Policy (EO 96-005, July 1996) Senate Bill 1285 (Killea, Kelley) provides limited liability exemption for lenders and fiduciaries for releases of hazardous materials on property in which they have a legal interest, but did not directly cause or contribute to the release or potential release of hazardous substances. Management Memo: RP Ownership at Property Over Contaminated Ground Water (MM 90-11, December 1990)California Land Environmental Restoration & Reuse Act - SB 32 (Escutia) The California Land Environmental Restoration & Reuse Act (SB 32, Escutia), is a newly-enacted program to help promote the cleanup and reuse of brownfield properties. The bill establishes a new hazardous materials investigation and cleanup program to be administered by local agencies with State oversight. It also establishes a two-year pilot program to test certain hazardous substance screening values at 25 sites in Southern California. Click here for more information on the SB 32 program Click here for the online application to participate in the SB 32 Pilot Study California Land Reuse and Revitalization Act of 2004 (AB 389) The California Land Reuse and Revitalization Act of 2004 (AB 389, Montanez), effective January 1, 2005, provides liability protections to Brownfield developers, innocent landowners and contiguous property owners which are intended to promote the cleanup and redevelopment of blighted contaminated properties. The bill establishes a process for eligible property owners to obtain the immunities, conduct a site assessment and implement a response action, if necessary, to ensure that the property is ready for reuse. Is the site eligible? The California Environmental Protection Agency’s (Cal EPA) website contains links for General Information. Using this link will make general facts sheets, questions and answers, and application information available. DTSC Boilerplate documents have also been developed in order to make the agreement and implementation process more predictable and expeditious. DTSC recognizes that property owner and site specific issues may necessitate minor modifications to the boilerplate documents listed below: Financial Assurance and Insurance for Redevelopment (FAIR) Program The objective of the California Financial Assurance and Insurance for Redevelopment Program, or the FAIR Program, is to make comprehensive and cost-effective environmental insurance coverage available for redevelopment of Brownfield properties. Site Designation A purpose of the Site Designation process is to allow a responsible party to request that a single administering agency be designated to oversee site investigation and remedial action needed at a contaminated site. This process is outlined in Health and Safety Code sections 25260 et seq. The Site Designation Committee (Committee) designates a single state or local agency as administering agency. The Committee consists of six members representing the Office of the Secretary of Cal/EPA, Air Resources Board, Department of Toxic Substances Control, Office of Environmental Health Hazard Assessment, Water Resources Control Board, and Department of Fish and Game. For more site designation information, visit the Cal/EPA Web site at http://calepa.ca.gov/Programs/SiteDesig/default.htm Private Site Management Program The Private Site Management Program was established by Assembly Bill 1876 (Statutes 1995, Chapter 820) and was later amended by Senate Bill 1011 (Statutes 2002, Chapter 626). In order to implement this new program, DTSC adopted regulations that can be found in title 22, California Code of Regulations, chapter 51, Sections 69000 through 69013. These regulations establish minimum performance standards for both private site managers and private site management team members, who are authorized to conduct site investigations and cleanup actions under the provisions of DTSC's Private Site Management Program. The statute citation for this program can be found in Health and Safety Code section 25395.1, et seq. Registered Environmental Assessor Program DTSC certifies Registered Environmental Assessors (REAs) to be qualified to conduct various environmental assessment and small site cleanup activities. Click here to find out more about the REAs... U.S. EPA Brownfields Grants Subtitle A: Brownfields Revitalization Funding
Fact Sheet: Federal Brownfields Grants Available to School Districts - February 2003 U.S. EPA Brownfields Funding - how to obtain a DTSC letter of support for Subtitle A funds Subtitle C: State Response Programs The federal Small Business Liability Relief and Brownfields Revitalization Act (Brownfields Law) was signed into law on January 11, 2002 (http://www.epa.gov/swerosps/bf/sblrbra.htm). In addition to providing grants and loans to local communities, this law provides federal funds for the U.S. Environmental Protection Agency to award grants to states and tribes to conduct activities specified under Subtitle C, Section 128 (a). Grant funds are used to establish and enhance State brownfields and hazardous substance response programs. A portion of these federal funds is used to fund the Department of Toxic Substances Control’s (DTSC) Targeted Site Investigation (TSI) program that provides services to local communities and non-profit organizations to investigate brownfields sites. For additional information regarding the TSI program, please select the following web link: http://www.dtsc.ca.gov/SiteCleanup/Brownfields/upload/SMBRP_FS_TSI.pdf Public Record A requirement of the state’s 128 (a) Grant is for State agencies such as DTSC to establish and maintain a public record system that provides information on sites where response actions (hazardous substances cleanups) have been completed during the previous year(s) either directly by DTSC or with the agency’s regulatory oversight. The public record is also required to identify whether sites are suitable for unrestricted or restricted use, and what institutional controls (if any) are relied upon as part of the response action. The following web links provide information on sites where response actions to address hazardous substances have been completed directly by DTSC or with DTSC regulatory oversight for the fiscal years listed below: In addition, DTSC is required to identify sites where it is planning to undertake response actions to mitigate hazardous substances releases. The following web link to DTSC’s site database provides information on sites in California where response actions are underway or planned by DTSC; such sites are identified in the database as “Active” status sites. http://www.envirostor.dtsc.ca.gov/public Activity Code Definitions The following activity code (status) definitions are provided to assist with reviewing the databases identified above.
Brownfields Tax Incentives
Brownfields Tools Specific to Local Agencies Established by SB 1248 (O'Connell), the Local Cleanup Agreements Program formally recognizes local agency cleanup programs allowing local health agencies to enter into written agreements to supervise cleanups, set cleanup goals, and provide certification of cleanup completion. Fact Sheet: Local Cleanup Agreements (SB 1248) - February 1996 The Mello-Roos Community Facilities Act Amendments (AB 2610) created the first long-term financing options for hazardous substances cleanup by empowering Community Facilities Districts to levy special taxes and issue bonds to provide funds for site cleanups. |