GLIN==> Northeast-Midwest Weekly Update -- 12 October 2009

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Weekly Update

12 October 2009

 

*	HUD BEDI and HUD 108 Budget Controversy Goes to Conference Committee
*	HUD Contamination Policy Revised to Allow Risk-Based Cleanups
*	Connecticut Extends Public Agency Liability Protection
*	State-EPA Innovations Task Force Report Released
*	New Manufacturing Employment and Wage Tables

 

 

HUD BEDI and HUD 108 Budget Controversy Goes to Conference Committee

 

The Northeast-Midwest Institute, the National Brownfields Coalition,
<http://www.smartgrowthamerica.org/> Smart Growth America, and LOCUS
(Responsible Real Estate Developers and Investors Group) are leading an
effort to support the House version of the HUD Appropriations Bill with
respect to the Brownfields Economic Development Initiative (BEDI) and HUD
108.  BEDI and HUD 108 were eliminated in the Obama budget and in the Senate
Appropriations Bill, but the House appropriated $25 million for BEDI and $6
million for HUD 108, which would leverage $275 million in loans.

 

The Obama Administration's rationale for eliminating BEDI is that other
"better funded programs" can address the problem.  This refers to the EPA
Brownfields Program and CDBG, which the Administration is also relying on as
the means of continuing support for HUD 108 projects.  The National
Brownfields Coalition, in letters to the
<http://www.nemw.org/images/HUD%20brownfields%20budget%20ltr%20house%20confe
rence.pdf> House and
<http://www.nemw.org/images/HUD%20brownfields%20budget%20ltr%20senate%20conf
erence.pdf> Senate Appropriations Subcommittees, argues that BEDI-HUD 108 is
the only source that can assist larger economic development and private
mixed use projects.  The EPA funding is too limited by grant size and
eligibility limitations, and CDBG funds are constrained by the need to meet
the urgent housing needs of lower income populations.

 

For more information on the effort to reinstate BEDI-HUD 108 appropriations,
contact  <mailto:epaull at nemw.org?subject=HUD%20BEDI%20Budget> Evans Paull
(202/329-4282),
<mailto:nish.suvarnakar at t4america.org?subject=HUD%20BEDI%20Budget> Nish
Suvarnakar, or
<mailto:krube at smartgrowthamerica.org?subject=HUD%20BEDI%20Budget> Kate Rube.

 

 

HUD Contamination Policy Revised to Allow Risk-Based Cleanups

 

HUD has issued a revised
<http://www.hud.gov/offices/hsg/mfh/map/mapguide/chap09.pdf> contamination
policy for HUD-assisted multi-family housing projects.  The new policy was
transmitted on September 18 to FHA-Approved Multifamily Mortgagees, as well
as local grantees, HUB centers, and field offices.  HUD's previous
contamination policy was characterized by brownfields practitioners as
"dig-to-clean" or complete removal of contamination to de minimis levels.

 

The revised policy allows "incomplete removal of contamination" when it can
be demonstrated that "costs are deemed to be exorbitant and/or the
feasibility deemed impractical for remediation of on-site contamination to
de minimis levels."  Risk-based cleanups must be reviewed by HUD, approved
by state voluntary cleanup, or other oversight programs, and meet follow EPA
and ASTM protocols.

 

Contact  <mailto:epaull at nemw.org?subject=HUD%20Contamination%20Policy> Evans
Paull (202/329-4282) at the Northeast-Midwest Institute.

 

 

Connecticut Extends Public Agency Liability Protection

 

The State of Connecticut passed, and is now implementing H.B. 6097 (P.L.
09-235), which addresses a series of issues confronted by public agencies
when acquiring contaminated property.  According to this
<http://cga.ct.gov/2009/sum/2009SUM00235-R03HB-06097-SUM.htm> legislative
summary, the bill includes the following elements:

 

*	liability protection is extended to public agencies acquiring
properties by eminent domain or under the threat of eminent domain;

 

*	liability protection afforded to public agencies is also extended to
a variety of quasi-public entities;

 

*	public and quasi-public entities are granted liability protection
when conveying property acquired by eminent domain, as well as through
foreclosure and tax liens; and

 

*	Connecticut provisions allowing public agencies to enter a site to
perform a site assessment are broadened.

 

Connecticut becomes at least the sixth state to grant public agency
liability protections that go beyond federal law (see the Northeast-Midwest
report
<http://www.nemw.org/images/stories/documents/mothballedsiteslocalgovtacquis
ition.pdf> Mothballed Sites and Local Government Acquisition.  Enhanced
public agency liability protections are one of the National Brownfields
Coalition's proposals to Reauthorize
<http://www.nemw.org/images/stories/documents/coalitionreauthorizationcompre
hensive2009.pdf>  the EPA Brownfields Program.  The International Municipal
Lawyers Association set up a listserve
<http://lists.imla.org/mailman/listinfo/brownfields>  for the organizations
interested in the issue.

 

Contact Evans
<mailto:epaull at nemw.org?subject=Public%20Agency%20Liability%20Protection>
Paull (202/329-4282) at the Northeast-Midwest Institute.

 

 

State-EPA Innovations Task Force Report Released

 

In late September, EPA announced the findings of a state-EPA nutrient
innovations task force, and presented their report and its recommendations
at the Hypoxia Task Force meeting in Des Moines, Iowa.  The State-EPA
<http://www.asiwpca.org/presentations/docs/mym2009/Nutrients.pdf>  Nutrient
Innovations Task Group was asked to develop a strategy to reduce or
eliminate harmful nutrient releases in the nation's waterways.  The Task
Group's full report, An
<http://www.epa.gov/waterscience/criteria/nutrient/nitgreport.pdf>  Urgent
Call to Action-Report of the State-EPA Nutrient Innovations Task Group, is
now available at the EPA website. 

 

Contact Mark
<mailto:mgordon at nemw.org?subject=State-EPA%20Innovations%20Task%20Force%20Re
port>  Gorman (202/464-4015) at the Northeast-Midwest Institute.

 

 

New Manufacturing Employment and Wage Tables

 

The Northeast-Midwest Institute has released two new tables containing
annual, state-level employment and average hourly wage data for the
manufacturing sector.  The table with manufacturing employment
<http://www.nemw.org/images/mfgemp03-08.pdf>  data shows employment for the
years 2003-2008, with percent change from 2003-2008.  The average annual
<http://www.nemw.org/images/AvgHourlyMfgWageAnnual.pdf>  wage table shows
manufacturing wages for 2003-2008 with percent change from 2003-2008,
ranking for 2008 wages, and ranking for percent change 2003-2008.  Links to
these tables, and all economic and demographic data, can be found at the
Northeast-Midwest Institute Economic
<http://www.nemw.org/index.php?option=com_content&view=section&id=7&Itemid=2
3>  Data page.

 

Contact Glenn <mailto:glennstarnnes at nemw.org?subject=Manufacturing%20Tables>
Starnes (202/997-9327) at the Northeast-Midwest Institute.

 

 

 
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