NLC Member Testifies Before Congress on Brownfields Reauthorization

“Local governments rightly approach brownfields redevelopment as an economic development activity. However, strategically redeveloping these contaminated properties means much more than dollars and taxes,” Zone said. “It means correcting the environmental injustices unduly thrown upon those living in our impoverished neighborhoods that are host to a disproportionate share of brownfields. It means protecting our first responders by eliminating contaminated enclaves of criminal activity and structures of high fire risk. For Cleveland, it means protecting Lake Erie and our streams and rivers. It also means creating a more sustainable future by promoting urban infill rather than urban sprawl and incorporating more environmentally-friendly design and building stock into our existing urban fabric.”

Zone called on Congress to increase the overall funding authorization level for brownfields programs, to increase the cap on assessment grant amounts and to increase technical assistance offered to communities.

Additionally, Zone asked Congress to enact legislation addressing and resolving the disincentives created by potential liability to facilitate reuse of brownfield properties.

As a general rule, under current law, local governments have a disincentive to cleanup and develop brownfield properties because of the liability that they could face. Often, as involuntary owners of brownfields property, many local governments are wrongly designated potentially responsible parties and held liable for cleanup. The fear of such designation has led to municipalities choosing not to invest in the cleanup or development of land, not because they do not want to, but because they cannot afford the liability costs, he stated.

“Cleveland’s story and experiences are no different than any other American city with an industrial legacy. Congress showed great leadership amending CERCLA [Comprehensive Environmental Response, Compensation, and Liability Act] in 2002. While progress has been made and beneficial relationships formed between local and federal entities, the federal brownfields program has not achieved its full potential. The federal government must continue its commitment to the brownfields program and to the cities protecting its citizens and the environment from the dangers these sites pose,” said Zone.

During the witness questioning period, members of the committee focused on Zone's testimony regarding the potential liability cities have when acquiring brownfields sites for clean-up. Rep. John Boozman (R-Ark.) put the issue to EPA Assistant Administrator Susan Parker Bodine, asking her to respond to Zone's testimony. In response, Bodine said, "There is room for greater clarity and technical improvements" in the brownfields program. Members of the committee told Zone they would work with NLC to resolve the liability issues for local governments in any effort to reauthorize the brownfields program this year.

Rep. Eddie Bernice Johnson (D-Texas), chairwoman of the subcommittee, is expected to introduce a reauthorization bill for the program in a few weeks, a committee aide said.

Zone shared Cleveland’s successes and challenges in brownfields redevelopment. According to Zone, since 2004, Cleveland has received $800,000 in EPA brownfields assessment grant funds, leveraging those grants for over $15 million, and leading to the cleanup of nearly 100 acres.

“As an older industrial city, Cleveland’s legacy of manufacturing and commerce is now symbolized by numerous abandoned structures, obsolete buildings, leaking underground storage tanks and polluted properties,” he testified. “The factories that once built America and employed thousands of Clevelanders are no longer an asset — they are a liability.  To regain our stature as a great American city once again, we will need help in revitalizing our land and buildings.”