Page 19 - 2018 October Bar Journal

ENVIRONMENTAL LAW

a population of less than 15,000 is “small”;
a community with an annual median
income of less than 80% of the statewide McMahon
annual median income is “disadvantaged.”
llp
§128(a)(1)(B)(iv). The Act authorizes up to
$1,500,000 per fiscal year for grants of up DeGulis
to $20,000 per community. By facilitating
technical assistance through these grants,
where it is otherwise unavailable, the US Attorneys | Environmental l Safety l Litigation l www.mdllp.net
EPA can expand the reach of the brownfield
redevelopment program.
Previously, the Brownfield Program
offered only single-purpose grants that
limited the use of the grant money to that
single purpose — assessment or remediation.
The multipurpose grant program codified
in the BUILD Act creates a single grant
that can be used to inventory, characterize,
assess, plan for or remediate one or more
brownfields within a target area. This type of
grant will allow a flexible redevelopment of
multiple sites in connection with an evolving McMahon DeGulis LLP is pleased to welcome
revitalization plan. Sandra Becher Sommers as a Partner.
Waterfront revitalization and clean energy

developments — two of the hottest segments
for development — are given priority Sandra will continue her litigation practice focusing
consideration for funding. The Act codifies on toxic torts and workers’ compensation. She was
a ranking system that mandates the US previously a Partner at Gottfried Sommers LLC.
EPA rank these projects higher than other
properties which do not involve waterfront
sites or renewable energy. §104(k)(6)(C)(xi). CERCLA previously excluded the use of end, successful brownfield redevelopment
By understanding the scope of the new grant funds on administrative costs, such as projects can lead to economic revitalization
programs, eligible entities can obtain federal salaries, benefits, contractual costs, supplies, while providing environmental and public
funding for a broad range of brownfield and data processing charges. Now, up to 5% of health benefits — a win-win.
redevelopment work, which can ultimately be the additional dollars available for brownfield
leveraged for significant benefits. grants can be spent on administrative costs
— a previously prohibited use of grant funds. Erin M. McDevitt-Frantz is an
The How: Increased and Expanded Funding §104(k)(5)(E). Allowing the use of grant Associate at McMahon DeGulis
The BUILD Act more than doubles the money for administrative costs will assist LLP’s Cleveland office. She has over
available funding for the Brownfield Program grant recipients with restricted economic a decade of broad experience in
by authorizing appropriations of up to means to complete projects. environmental law and litigation.
$200,000,000 per fiscal year through 2023, It is essential to understand these changes She counsels public and private sector clients on
plus an additional $50,000,000 for the State to effectively manage grant funds. the impacts of a variety of state and federal
Response Program. In addition to the total environmental regulations. Erin is licensed to
funding available, the Act increases the Conclusion practice in Ohio, Pennsylvania and New Jersey
maximum funding limit for individual site Currently, one out of every five brownfield and has been a member of CMBA since 2016.
remediation grants from $200,000 to $500,000 grant applications is funded. The increased She is excited to see where Northeast Ohio can
and allows for up to $650,000 per site under eligibility and flexibility associated with the go with continued brownfield redevelopment
certain circumstances. BUILD Act may bring increased competition projects. Erin can be reached at (216) 621-1312
The multipurpose grant program, which for the federal dollars. Project owners that or efrantz@mdllp.net.
allows for more flexible spending, is authorized understand the law and US EPA Guidelines
for grants up to $1,000,000. US EPA has will be in a better position to capitalize on
indicated it will pilot multipurpose grants at the expanded opportunities or the ranking Lauryn G. Kitchen is a 3L at Akron
$700,000 while it assesses how communities system of the BUILD Act. Information on Law School. She has been a
are spending the money and how much is additional sources of funding and cost- member of CMBA since 2017. She
being accomplished with respect to cleanups recovery avenues will further enhance a can be reached at (216) 645-1244
through the program. project’s rate of return and viability. In the or lgk9@zips.uakron.edu.
OctOber 2018 Cleveland Metropolitan Bar Journal | 19