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The Brownfields Initiative creates significant national demand for trained environmental technicians through the Revolving Loan Fund, the Underground Storage Tank (UST) Fields Pilots, the Controlled Substance Act, Mine Scarred Land Initiative, and RCRA Pilots.
While the Brownfields Initiative and other programs create great demand for skilled environmental technicians, this represents only one-half of the equation. The other half of the equation is to support efforts to ensure local residents will benefit by having the opportunity for community members to be trained to fill the jobs that are created by brownfields economic development.
Prior to passage of the Small Business Liability Relief and Brownfields Revitalization Act, the overall goal of the Brownfields Program focused on making unproductive brownfields land productive again. To accomplish this goal, EPA's Office of Solid Waste and Emergency Response developed an "Action Agenda," forming partnerships and receiving commitments from others to achieve their overall objective. Part of the action agenda included HMTRI's commitment to assist in the development of education and training programs. The new law provides important changes on the approach towards accomplishing the Brownfields Objective. Under the law, states can accept program authority with funding support to communities. As the name of the law implies, liability protection in addition to the potential of increased funding can help to accelerate conversion of abandoned property to productive use. Essentially, the law formalizes a pathway with liability protection for stakeholders to proceed with development plans.
In terms of education and training, the new law expands the scope of training and technical assistance that can be provided to communities. This will help in establishing new programs allowing residents to secure locally created jobs. With a formalized grants program, communities can receive resources to develop local programs. However, the key to receiving resources is the ability of communities to establish education and training programs where none may have existed.
Other EPA Brownfields-Related Laws Other related laws and regulations impact brownfields cleanup and reuse through financial incentives and regulatory requirements. Examples of EPA brownfields-related laws are:
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)
- Resource Conservation and Recovery Act (RCRA)
- Community Reinvestment Act (CRA)
- Superfund Amendments and Reauthorization Acts (SARA)
To learn more about these acts, visit the EPA Web site, Other Brownfields-Related Laws (http://www.epa.gov/brownfields/laws/index.htm).
The Brownfields Tax Incentive (http://www.epa.gov/brownfields/tax/index.htm) is intended to remove many of the financial disincentives preventing the cleanup and reuse of blighted property. The Brownfields Tax Incentive encourages brownfields redevelopment by allowing taxpayers to immediately reduce their taxable income by the cost of their eligible cleanup expenses. This incentive creates an immediate tax advantage from these expenses, helping to offset short-term cleanup costs.
Brownfields Federal Partnership Action Agenda To assist states, the Partnership Action Agenda has been revitalized. The Brownfields Federal Partnership Action Agenda (http://www.epa.gov/swerosps/bf/partners/fpaa_0904.pdf) commits EPA and 21 other federal agencies and departments to work cooperatively toward brownfields development in communities throughout the United States. The net result will be a coordinated program for stakeholders. The Action Agenda is based on the principle that the federal government can most effectively help communities assess, clean up, and redevelop brownfields by linking diverse programs in close partnership. For example, the Department of Labor (DOL) is promoting the Brownfields Program through its employment programs. As a part of this effort, DOL is working through stakeholders of the Workforce Investment Act (WIA). The WIA created a national network of One-Stop Career Centers that offer federally funded employment and training services. There are over 1,800 access points nationwide where individuals and businesses can access services. DOL is encouraging state and local WIBs to consider using WIA training funds for local brownfields projects.
State and Local Brownfields Legislation In general, Congress develops legislation providing overall direction and funding of federal initiatives. Federal agencies, such as the EPA, are mandated to develop and promulgate federal regulations that achieve the goals of the legislation passed by Congress. States develop their own laws that may respond to or expand federal initiatives. State laws take into consideration federal legislation, but also state-specific issues that may not have been addressed at the federal level. While state law usually resembles federal law, it can be more comprehensive or restrictive. For example, California consistently develops more comprehensive air regulations because of local demographic and geographic conditions. State law and resulting regulations can be more comprehensive, but not less restrictive than federal law. Brownfields programs have expanded in a manner similar to other environmental laws. While most are aware of federal brownfields legislation and programs, it is essential that state legislation and specially-funded programs are reviewed. State and local regulations and programs often have the greatest impact on a Brownfields Training and Job Development Program.
For more information on state brownfields initiatives:
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