Renovacin urbana

El trmino renovacin urbana fue acuado hacia 1950 por Miles Calean, economista estadounidense, y se refiere a la renovacin de la edificacin, equipamientos e infraestructuras de la ciudad, necesaria a consecuencia de su envejecimiento o para adaptarla a nuevos usos y actividades demandados. Se trata de un fenmeno complejo que puede tomar muy diferentes caminos y est relacionado con otros tipos de procesos urbanos como son la rehabilitacin, el redesarrollo o la invasin sucesin. Contenido 1 Definiciones 1.1 Rehabilitacin 1.2 Redesarrollo 1.3 Invasin-sucesin 1.4 Renovacin urbana 2 Antecedentes 3 Actualidad 4 Bibliografa Definiciones Rehabilitacin: Por rehabilitacin comprendemos el incremento de la calidad de las estructuras hasta un standard prefijado por la administracin o por el mercado de la vivienda (RICHARDSON). Redesarrollo: Se refiere a la demolicin, reordenacin y reconstruccin de toda un rea. Invasin-sucesin: Es un trmino desarrollado ampliamente por la escuela de Chicago, se refiere a la sustitucin de la poblacin de una zona, habitualmente como consecuencia de un proceso de renovacin urbana. Renovacin urbana: Una definicin de renovacin urbana nos la da GREBLER (1965, p.13): Esfuerzo deliberado para cambiar el ambiente urbano por medio del ajuste planificado y a gran escala de las reas urbanas existentes, a las exigencias presentes y futuras de la vivienda y el trabajo de una ciudad. Antecedentes

El derribo de murallas permiti las avenidas amplias. Las primeras operaciones de renovacin urbana se dan en la temprana ciudad industrial. En el siglo XIX se acometen en casi todas las ciudades medias occidentales obras de rehabilitacin y saneamiento de los barrios obreros, obras en las que juega un papel determinante el derribo de las murallas. Otras operaciones que

se realizan son la apertura de ejes de comunicacin y la construccin de ensanches que permeabilizasen las complejas tramas medievales (CAPEL, H). En la ciudad post-moderna las operaciones de renovacin urbana van cada vez ms dirigidas a la rehabilitacin de barriadas estratgicamente situadas y que sufren como consecuencia de esta renovacin una considerable revalorizacin que se convierte en el principal motor de la actuacin del capital privado y pblico en la zona, provocando tambin movimientos sociales. Actualidad

Barri degradado. La renovacin urbana hoy da se produce en el centro de una ciudad en desarrollo o en sus proximidades, dado que en estas zonas es donde se localizan los barrios ms envejecidos e inadaptados a las estructuras econmicas y sociales actuales. Este tipo de actuaciones a gran escala implican necesariamente la intervencin de la administracin pblica segn RICHARDSON, dado que la mejora de las estructuras y los equipamientos de una zona se trata de una empresa que requiere grandes desembolsos de capital que no sern recuperados necesariamente. El valor de una finca viene determinado, entre otras cosas, por la calidad de la vecindad, lo viene da denominarse efecto contagio. Por lo tanto si en un rea con casas bien mantenidas un propietario submantiene la suya obtendr un rendimiento superior. Por el contrario si el propietario mantiene bien el estado de la edificacin en un entorno deteriorado, los rendimientos que obtendr por este mantenimiento sern muy inferiores. (RICHARDSON) Por lo tanto, solo resultar rentable mantener en buen estado una vivienda si el resto de las edificaciones mantienen un buen nivel de mantenimiento. Esto nos lleva a afirmar que solo es posible la renovacin urbana si el sector pblico asume el coste del contagio privado y sustituye el funcionamiento del mercado por una mezcla de inversiones pblicas y privadas. Las subvenciones del gobierno minimizan los costes para los ayuntamientos. Adems, la construccin de nuevos edificios supone un aumento de los ingresos fiscales de la administracin local. Algunos ejemplos de renovacin urbana masiva se han estudiado en EE. UU. y Gran Bretaa. As en el primero de estos estados, a finales de 1965 se haban aprobado 1.700 proyectos de renovacin urbana, desalojndose y desplazndose a unas 750.000 personas. A partir de este ao el ritmo de renovacin se va acelerando. En EEUU la renovacin urbana tiende a reducir el volumen de viviendas de renta baja y aumenta el de los apartamentos de renta alta, obligando a los pobres a trasladarse a viviendas ms caras (RICHARDSON).

En GB entre 1955 y 1970 se demolieron 1.153.000 edificios, aunque el impacto fue menor que en EEUU sobre todo gracias a una fuerte poltica social de vivienda que acogi a la poblacin desalojada. Bibliografa RICHARDSON, H. (1971). Economa del urbanismo.. Madrid, Alianza Editorial.. RICHBAILLY, Antoine. (1978). La Organizacin Urbana. Teoras y Modelos.. Madrid, Instituto de Estudios de Administracin Local.. CHORLEY: Richard. (1971). La Geografa y los Modelos Socio-Econmicos.. Madrid, Instituto de Estudios de Administracin Local.. CAPEL, H. (1983). Capitalismo y morfologa urbana en Espaa.. Barcelona, Ed. Amelia Romero.

Urban renewal
Adaptation of existing buildings and neighbourhoods in towns and cities to meet changes in economic, social, and environmental requirements, rather than their demolition. Since the early 1970s, when it became less expensive to renew than to build, urban renewal has increased. A major objective is to preserve the historical and cultural character of a locality, but at the same time to improve the environment and meet new demands, such as rapidly increasing motor traffic. http://encyclopedia.farlex.com/Urban+renovation

Urban regeneration taking place at Castlefield in Manchester, England, in the form of new housing. Castlefield is a typical inner-city location. Industrial production sites boomed there in the 19th century, but as heavy industry declined so too did the fortunes of British inner cities. In the late 20th century, areas such as this have often been redeveloped with new housing, and new services and facilities.

Urban redevelopment at Canary Wharf in the Docklands, London, England. Docklands is a typical inner-city location. The traditional heavy industries, such as warehousing, storage, and distribution, were at their peak in the 19th century, but have been replaced by service-industry employers whose business is in sectors such as law and finance. A brownfields site is defined as "real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant." Decision-makers involved with preparing brownfields sites for productive reuse often require technical and legal assistance to fully understand the complexities of investigating and cleaning up contaminated sites. Brownfields are abandoned or underused industrial and commercial facilities available for reuse. Expansion or redevelopment of such a facility may be complicated by real or perceived environmental contaminations.[1] In the United States city planning jargon, brownfield land (or simply a brownfield) is land previously used for industrial purposes or certain commercial uses. The land may be contaminated by low concentrations of hazardous waste or pollution, and has the potential to be reused once it is cleaned up. Land that is more severely contaminated and has high concentrations of hazardous waste or pollution, such as a Superfund site, does not fall under the

brownfield classification. Mothballed brownfields are properties which the owners are not willing to transfer or put to productive reuse.[2] In the United Kingdom and Australia, the term applies more generally to previously used land. The term brownfields first came into use on June 28, 1992, at a U.S. congressional field hearing hosted by the Northeast Midwest Congressional Coalition. Also in 1992, the first detailed policy analysis of the issue was convened by the Cuyahoga County Planning Commission. The United States Environmental Protection Agency selected Cuyahoga County as its first brownfield pilot project in September 1993.[3] Locations Generally, brownfield sites exist in a city's or town's industrial section, on locations with abandoned factories or commercial buildings, or other previously polluting operations. Small brownfields also may be found in many older residential neighborhoods. For example, many dry cleaning establishments or gas stations produced high levels of subsurface contaminants during prior operations, and the land they occupy might sit idle for decades as a brownfield. Typical contaminants found on contaminated brownfield land include hydrocarbon spillages, solvents, pesticides, heavy metals such as lead (e.g., paints), tributyltins, and asbestos. Old maps may assist in identifying areas to be tested. Innovative redevelopment strategies A number of innovative financial and remediation techniques have been used in the U.S. in recent years to expedite the cleanup of brownfield sites. For example, some environmental firms have teamed up with insurance companies to underwrite the cleanup of distressed brownfield properties and provide a guaranteed cleanup cost for a specific brownfield property, to limit land developers' exposure to environmental remediation costs and pollution lawsuits. The environmental firm first performs an extensive investigation of the brownfield site to ensure that the guaranteed cleanup cost is reasonable and they will not wind up with any surprises. After the dot-com bubble of 2000, many venture capital firms looking for new businesses in which to invest have done so in brownfields. Venture capital investments in brownfield-related businesses have included companies developing new cleanup technology, companies that do remediation, and development projects in brownfield lands. Innovative remedial techniques used at distressed brownfields in recent years include bioremediation, a remedial strategy that uses naturally occurring microbes in soils and groundwater to expedite a cleanup, and in-situ oxidation, which is a remedial strategy that uses oxygen or oxidant chemicals to enhance a cleanup. Often, these strategies are used in conjunction with each other or with other remedial strategies such as soil vapor extraction. In this process, vapor from the soil phase is extracted from soils and treated, which has the effect of removing contaminants from the soils and groundwater beneath a site. Some brownfields with heavy metal contamination have even been cleaned up through an innovative approach called phytoremediation that uses deep-rooted plants to soak up metals in soils into the plant structure as the plant grows. After they reach maturity, the plants which now contain the heavy metal contaminants in their tissues are removed and disposed of as hazardous waste. Research is under way to see if some brownfields can be used to grow crops, specifically for the production of biofuels.[4] Michigan State University, in collaboration with DaimlerChrysler and NextEnergy, has small plots of soybean, corn, canola, and switchgrass growing in a former industrial dump site in Oakland County, Michigan. The intent is to see if the plants can serve two purposes simultaneously: assist with phytoremediation, and contribute to the economical production of biodiesel and/or ethanol fuel.

[Post-redevelopment uses

A brownfield relic serves as a statue in a newly created park in Atlantic Station area of Atlanta, Georgia. Some state governments restrict development of brownfield sites to particular uses in order to minimize exposure to leftover contaminants on-site after the cleanup is completed; such properties are deed-restricted in their future usage. Some legally require that such areas are reused for housing or for new commercial use in order not to destroy further arable land. The redevelopment of brownfield sites is a significant part of new urbanism. Some brownfields are left as green spaces for recreational uses. For historical reasons, many brownfield sites are close to important thoroughfares such as highways and rivers; their reclamation can therefore be a major asset to a city. Portland, Oregon, has pioneered the use of road and rail infrastructure to support the cleanup and reuse of brownfield sites. Another example is the Atlantic Station project in Atlanta, the largest brownfield redevelopment in the United States.[citation needed] In Seattle, rusted remains of a gas factory were left in place to add character to Gas Works Park. But one of the most well-known areas in the United States for brownfield redevelopment is Pittsburgh, Pennsylvania, which has successfully converted numerous former steel mill sites into high-end residential, shopping and offices. Several examples of brownfield redevelopment in Pittsburgh include the following: In Homestead, Pennsylvania, the site once occupied by Carnegie Steel has been converted into a successful commercial center, The Waterfront. In Pittsburgh's Squirrel Hill neighborhood, a former slag dump for steel mills was turned into a $243 million residential development called Summerset at Frick Park. In the South Side neighborhood, a former LTV Steel mill site was transformed into Southside Works, a mixed-use development that includes high-end entertainment, retail, offices, and housing. In the Hazelwood (Pittsburgh) neighborhood, a former Jones and Laughlin steel mill site was transformed into a $104 million office park called Pittsburgh Technology Center. In Herr's Island, a 42-acre (170,000 m2) island on the western bank of the Allegheny River, a former rail stop for livestock and meatpacking were transformed into Washington's Landing, a waterfront center for commerce, manufacturing, recreation and upscale housing.

Regulation In the United States, investigation and cleanup of brownfield sites is largely regulated by state environmental agencies in cooperation with the Environmental Protection Agency (EPA). Many of the most important provisions on liability relief are contained in state codes that can differ significantly from state to state.[5] The EPA, together with local and national government, can provide technical help and some funding for assessment and cleanup of designated sites. They can also provide tax incentives for cleanup that is not paid for outright; specifically, cleanup costs are fully tax-deductible in the year they are incurred.[6] Barriers to redevelopment

Examples of brownfields that were redeveloped into productive properties Many contaminated brownfield sites sit unused for decades because the cost of cleaning them to safe standards is more than the land would be worth after redevelopment. However, redevelopment has become more common in the first decade of the 21st century, as developable land grows less available in highly populated areas. Also, the methods of studying contaminated land have become more sophisticated and established. Many federal and state programs have been developed to help developers interested in cleaning up brownfield sites and restoring them to practical uses. Some states and localities have spent considerable money assessing the contamination on local brownfield sites, to quantify the cleanup costs in an effort to move the redevelopment process forward. In the process of cleaning contaminated brownfield sites, surprises are sometimes encountered, such as previously unknown underground storage tanks, buried drums or buried railroad tank cars containing wastes. When unexpected circumstances arise, the cost for clean-up increases, and as a result, the cleanup work may be delayed or stopped entirely. To avoid unexpected contamination and increased costs, many developers insist that a site be thoroughly investigated (via a Phase II Site Investigation or Remedial Investigation) prior to commencing remedial cleanup activities. Valuation Acquisition, adaptive re-use, and disposal of a brownfield sites requires advanced and specialized appraisal analysis techniques. For example, the highest and best use of the brownfield site may be affected by the contamination, both pre- and post-remediation. Additionally, the value should take into account residual stigma and potential for third-party liability. Normal appraisal techniques frequently fail, and appraisers must rely on more advanced techniques, such as contingent valuation, case studies, or statistical analyses.[7] Redevelopment is any new construction on a site that has pre-existing uses on it such as the redevelopment of an industrial site into a mixed-use development or the redevelopment of a block of townhouses into a large apartment building. Urban Infill on vacant parcels that have no existing activity but were previously developed is also sometimes referred to as redevelopment.

Redevelopment also refers to state and federal statutes which give cities and counties the authority to establish redevelopment agencies and give the agencies the authority to attack problems of urban decay. The fundamental tools of a redevelopment agency include the authority to acquire real property, the power of eminent domain, to develop and sell property without bidding and the authority and obligation to relocate persons who have interests in the property acquired by the agency. The financing of such operations might come from borrowing from federal or state governments and selling bonds and from Tax Increment Financing. Redevelopment projects can be small or large ranging from a single building to entire new neighborhoods or "new town in town" projects. Some redevelopment projects and programs have been incredibly controversial including the Urban Renewal program in the United States in the mid-twentieth century or the Urban Regeneration program in Great Britain. Controversy usually results either from the use of eminent domain, from objections to the change in use or increases in density and intensity on the site or from disagreement on the appropriate use of tax-payer funds to pay for some element of the project. Other terms sometimes used to describe redevelopment include urban revitalization. While efforts described as urban revitalization often involve redevelopment they do not always involve redevelopment as they do not always involve the demolition of any existing structures but may instead describe the rehabilitation of existing buildings or other neighborhood improvement initiatives. A new example of other neighborhood improvement initiatives is the funding mechanism associated with high carbon footprint air quality blight. Assembly Bill AB811 is the State of California's answer to funding renewable energy and allows cities to craft their own sustainability action plans. These cutting edge action plans needs the funding structure; which can easily come forward through redevelopment funding. Urban redevelopment in the United States has been controversial because it forcibly displaces poor and lower middle class populations and turns over their land to wealthy redevelopers for free or for a below-market-value price. They then use that land to construct private shopping malls, office buildings, automobile factories and dealerships, and even gambling casinos. This is done and permitted by American courts in spite of the fact that the Fifth Amendment to the U.S. Constitution allows the use of eminent domain only for "public use." The residents displaced by redevelopment are routinely undercompensated, and some (notably month-to-month tenants and business owners) are not compensated at all. Historically, redevelopment agencies have been buying many properties in redevelopment areas for prices below their fair market value, or even below the agencies' own appraisal figures because the displaced people are often unaware of their legal rights and lack the will and the funds to mount a proper legal defense in a valuation trial. Those who do so usually recover more in compensation than what is offered by the redevelopment agencies. The controversy over misuse of eminent domain for redevelopment reached a climax in the wake of the U.S. Supreme Court's 2005 5 to 4 decision in Kelo v. City of New London, allowing redevelopment takings of sound, unblighted homes, solely to allow redevelopers to put the taken land to more profitable uses and thus increase the revenue flow to the local municipality. The Kelo decision was widely denounced by a great majority of the people and remains the subject of severe criticism. Remedial legislation has been introduced and in some cases passed, in a number of states.

Se considera renovacin urbana aquella actuacin protegida que, afectando a un conjunto de inmuebles de antigedad superior a 15 aos, tenga por objeto el tratamiento de espacios exteriores, el tratamiento de fachada y/o la ejecucin de las obras que seguidamente se relacionan: Estabilidad y seguridad estructural y constructiva. Estanqueidad frente a la lluvia, evacuacin del agua de lluvia y supresin de humedades. Iluminacin y ventilacin de espacios. Condiciones de salubridad. Sistemas de ahorro energtico. Adecuacin de las redes generales de agua, gas, electricidad, telefona y saneamiento. Accesibilidad y supresin de las barreras arquitectnicas. Instalacin, renovacin y mejora de ascensores y sus condiciones de seguridad. La remodelacin del nmero y/o superficie de las viviendas de un edificio, sin que ninguna vivienda supere, en caso de ampliacin, 120 metros cuadrados de superficie til. No ser exigible antigedad alguna del edificio en los siguientes casos: Si se trata de obras de adecuacin funcional de los mismos que tengan por finalidad suprimir barreras arquitectnicas a las personas con discapacidad. Cuando las obras sean necesarias para adaptar las instalaciones a la normativa tcnica aplicable (cuando esta hubiera entrado en vigor con posterioridad a la terminacin del edificio) Cuando se trate de obras que tengan por objeto la reduccin del consumo energtico. Las actuaciones protegidas en materia de renovacin urbana se caracterizan porque se parte de un presupuesto protegido y existe una serie de limitaciones que afectan a este, as como al porcentaje y al importe de las ayudas. La Junta de Extremadura impulsa la actuacin protegida de renovacin urbana con el objeto de facilitar a los ciudadanos el uso y disfrute de una vivienda digna y adecuada. Teniendo en cuenta que en nuestra Comunidad Autnoma un amplio sector de poblacin vive en municipios de menos de 10.000 habitantes, la Junta de Extremadura ha diseado una red de oficinas comarcales y de reas de Rehabilitacin Integral (ARIS), diseminadas por toda el territorio autonmico, con el fin de aproximar la Administracin al ciudadano y hacer llegar a todos los rincones de la geografa extremea la informacin acerca de las actuaciones protegidas y de las ayudas previstas. El procedimiento de ayudas en materia de renovacin urbana se inicia mediante solicitud de calificacin provisional (que se puede presentar en la correspondiente oficina comarcal u oficina de ARI). Es importante no olvidar que las obras no podrn comenzar antes de que el tcnico de la oficina efecte la visita previa de la vivienda. La rehabilitacin obtendr, en su caso, la calificacin provisional de actuacin protegida y una vez finalizadas las obras y previa inspeccin de las mismas, la calificacin definitiva. Por ltimo, a la vista de la obra de rehabilitacin efectuada se dictar resolucin reconociendo las ayudas procedentes. Los promotores individuales para uso propio que hubieran obtenido en los diez aos inmediatamente anteriores ayudas en materia de rehabilitacin, no podrn solicitarlas

nuevamente salvo que el importe total de ayudas a percibir no exceda de los lmites establecidos. Presupuesto protegido El presupuesto protegido abarca el coste real de la actuacin: precio total del contrato de ejecucin de obra, honorarios facultativos y de gestin y tributos satisfechos por razn de las actuaciones, as como, en su caso, el precio de adquisicin del edificio. No obstante lo anterior, el clculo del presupuesto protegido debe realizarse respetando las limitaciones existentes en la normativa estatal y autonmica. Lmite autonmico del presupuesto protegido Las ayudas autonmicas se hallan partiendo del presupuesto protegido, que tendr como lmite mximo el resultado de multiplicar los siguientes conceptos: El 70% del Precio Bsico Nacional, por metro cuadrado de superficie til, al tiempo de la solicitud La superficie mxima que, con carcter general, podr computarse a efectos de calculo del presupuesto protegido en materia de rehabilitacin, conforme a la normativa estatal de financiacin pblica en materia de vivienda que resulte aplicable. Si el presupuesto protegido excediera de este lmite, se tendr en cuenta, a efectos del clculo de las ayudas autonmicas, este presupuesto mximo protegido. Lmite estatal del presupuesto protegido Las ayudas estatales se hallan partiendo del presupuesto protegido, que tendr como lmite mximo el resultado de multiplicar la superficie computable, segn la normativa estatal de financiacin pblica en materia de vivienda, por el 70% del precio bsico a nivel nacional. Lmite porcentual de las ayudas estatales y autonmicas El importe total de subvenciones estatales y autonmicas no puede exceder del 40% del presupuesto protegido. Se excepta de dicha limitacin los interesados que puedan acogerse al Programa de rehabilitacin para personas mayores. Si el importe total de subvenciones estatales y autonmicas superara este lmite porcentual, las subvenciones autonmicas se reducirn en el exceso. Lmite cuantitativo de las ayudas autonmicas y estatales Actuacin protegida Lmite Renovacin urbana 6.000 x vda. Programa de rehabilitacin para personas mayores 9.000 x vda En la actuacin protegida de renovacin urbana, se establece un lmite mximo de subvencin para tratamiento de fachada, que ser el resultante de multiplicar el precio mximo de venta por metro cuadrado de superficie til en el rea de referencia de una vivienda de Rgimen General por la superficie de la fachada y por 0,01.

Si el importe total de las ayudas superara este lmite mximo cuantitativo, las subvenciones autonmicas se reducirn en el exceso. Los lmites cuantitativos no se aplican a las actuaciones protegidas en materia de accesibilidad.

Glossary of Brownfields Terms To use this glossary, either use the scroll bar to the right or click on an underlined (hyperlinked) letter to jump directly to the term of your choice. "As is" Sale: The transfer of a property to a buyer with no promises, assurances, or representations by the property owner about the conditions of the property. Abandonment: A halt to the use of a property by the owner without the intention of either transferring the rights to the property or resuming use. Boilerplate: Standard language that businesses routinely include in contracts. The other party to the agreement can sometimes negotiate to change or remove such provisions. Brownfield: An industrial or commercial property that remains abandoned or underutilized in part because of environmental contamination or the fear of such contamination. (Government definitions of the term may vary depending on the program.) Certificate of Completion: A written verification from a state voluntary cleanup or brownfield program that a site has been cleaned up in a manner satisfactory to the state. In some states, a certificate provides liability protection but in most states liability relief must be obtained through another mechanism such as a covenant not to sue. Cleanup Approval Letter: A written verification from a state voluntary cleanup or brownfield program that a site has been cleaned up in a manner satisfactory to the state. Comfort Letter: A letter issued through a state voluntary cleanup program, that typically states that a site complies with the program's requirements, is clean enough for the intended use, and that no future enforcement action is expected unless conditions or uses of the site change. The letter typically does not provide legally enforceable rights such as relief from liability. Community Development Block Grant (CDBG): A lump-sum grant to a state or local government from the Department of Housing and Urban Development that may be used for development activities including, in some cases, brownfield revitalization. Community Development Corporations (CDCs): Local non-profit organizations created to promote urban redevelopment. The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund): A federal statute that governs the investigation and cleanup of sites contaminated with hazardous substances. The law establishes a trust fund that can be used by the government to clean up sites on the National Priorities List. Condemnation: A legal process that allows a government entity to acquire title to property for a public purpose, which, in the case of brownfields, can include removing an unused or potentially contaminated site. Once the property has been condemned, the government entity can destroy any buildings and offer the site for private redevelopment. Contractor Certification: A process for assuring that contractors meet state standards and have state approval for performing specific tasks. Contractor-Certified Cleanups: Cleanups where the state allows private contractors to make cleanup decisions on behalf of the state, including no-further-action (NFA) letters. Only a small number of states use certified contrators. Contribution Action: A legal proceeding brought by a party that has incurred cleanup costs against other liable parties for their share of the costs incurred. Corrective Action: The cleanup process used to address contamination at treatment, storage, and disposal facilities regulated under the Resource Conservation and Recovery Act. Covenant Not to Sue: A written promise by a state government that it will not take legal action or require additional cleanup by a party that satisfactorily cleans up a property under a state brownfield or voluntary cleanup program. Deed Restriction: A limitation on the use of a property that is recorded on the deed to the property. The limitations on use are legally enforceable against the owner of the property, but who may enforce the limitation depends on state law.

Due Diligence: Evaluation of the environmental condition of a parcel of land, often as part of a real estate transaction. This is required in order for a purchaser to qualify for federal liability protection as an innocent purchaser. See also Environmental Assessment. Easement: A right to use or limit the use of someone else's property. Engineering Controls: Physical mechanisms for preventing exposure to contamination. Examples include: fences, pavement, and clay caps placed on contaminated soil. Environmental Assessment: A site evaluation or investigation conducted for purposes of determining the extent, if any, of contamination on a property. An assessment can be informal or formal, and can consist of several stages. For example, a Phase I assessment, or basic study of possible contamination at a site, is limited to collecting information about past and present site use and inspecting present conditions. A Phase II assessment can follow up a Phase I assessment with sampling and analysis of suspected contaminated areas of a site. A Phase III assessment can either follow up a Phase II assessment by gathering information on the exact extent of the contamination or by preparing plans and alternatives for site cleanup. Environmental Insurance: Used to eliminate or reduce the financial risk of a brownfields transaction. In exchange for payment, an insurance company agrees to accept the risk of the owner being held liable under state or federal laws for cleanup costs or damages above a specified amount. Exaction: A local government may an exaction to require concessions from developers, such as the construction of sidewalks on land that will be developed. The exaction must further a legitimate public interest. Foreclosure: A legal action taken by a lender to take the collateral (e.g. a property) that secures the loan and to extinguish the rights of the borrower in the collateral. Greenfield: A property that has not been previously developed. Hard Costs: A term used in development projects for the amount that includes total land costs, site clearance, grading and construction costs, and landscaping. Hot Spots: Specific areas where the level of contamination is very high. Indemnification: An agreement that provides for one party to bear the costs, either directly or by reimbursement, for damages or losses incurred by a second party. Infill Development: Development on vacant or underused sites in a developed area. Infrastructure: The roads, utility lines, and other public amenities that support property use. Institutional Controls: Legal and administrative mechanisms designed to reduce exposure to contamination. Examples include: deed restrictions, easements, warning signs and notices, and zoning restrictions. Liability Relief or Liability Release: Protection from liability for contamination provided by a state government as an incentive for brownfield cleanups. Releases vary in scope and form, and can include covenants not to sue and some types of no-further-action letters and certificates of completion. National Priorities List (NPL): The Environmental Protection Agency's list of the most serious uncontrolled or abandoned hazardous waste sites. Natural Resource Damages: Injuries caused to natural resources such as streams, wildlife, and wetlands by contamination from a site. The government can in some cases compel parties responsible for the injuries to pay damages. No-Further-Action (NFA) Letter: A written statement by a state government that it has no present intention to take legal action or require additional cleanup by a party that satisfactorily cleans up a property under a state brownfield or voluntary cleanup program. Nonresidential Use Standard: A cleanup standard, usually expressed as a numerical ratio of parts of a specific contaminant to parts of the medium of concern (e.g., 5 parts of lead per million parts of soil) that describes the maximum concentration of the contaminant in the medium that will not present an unacceptable risk to the health of humans engaging in any activity other than residential or those other activities considered to be substantially similar to residential. The nonresidential use standard is usually a less strict cleanup standard than the residential use

standard, and a site that meets the non-residential standard is limited in its uses to nonresidential activities. Potentially Responsible Party (PRP): Under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), a party potentially liable for cleanup costs at a Superfund site. Pro Forma: Financial projections for a real estate project, which include an income statement and show capital costs, operating revenues and expenses, and return on investment over a period of time. Prospective Purchaser Agreement: An agreement between the Environmental Protection Agency (EPA) and the prospective buyer of a Superfund site that protects the prospective buyer from certain liabilities for contamination that is already on the site, usually in exchange for a payment of money and other commitments by the prospective purchaser. States may also have similar agreements as part of their voluntary cleanup or brownfields programs. Reopener Provisions: Express exceptions to liability releases or agreements that reserve the government's right to require further cleanup under certain conditions. These conditions typically include fraud by parties responsible for the cleanup, discovery of previously unknown contamination, and discovery that contamination remaining on the site is significantly more toxic than originally believed. Representations and Warranties: Statements of fact (representations) and promises (warranties) that a seller makes to a buyer in a real estate transaction. Request-for-Proposals (RFPs): A document that asks developers for a detailed proposal on development of a site. Proposals may include discussion of the developer's experience and qualifications and project-specific information on market feasibility, urban design, architecture, community appropriateness, and projected financial performance. Residential Use Standard: A cleanup standard, usually expressed as a numerical ratio of parts of a specific contaminant to parts of the medium of concern (e.g., 5 parts of lead per million parts of soil) that describes the maximum concentration of the contaminant in the medium that will not present an unacceptable risk to the health of humans residing on the site, or engaging in activities on the site that are considered to be substantially similar to residing on the site. The residential use standard is usually the strictest cleanup standard, and a site that meets this standard can usually be used for any purpose. The Resource Conservation and Recovery Act (RCRA): A federal statute that regulates the generation, transportation, storage, treatment and disposal of hazardous waste. RCRA programs include the Corrective Action and Underground Storage Tank Programs. Restrictive Covenant: A specific type of deed restriction. For example, a restrictive covenant could prohibit commercial uses. Risk Assessment: A study or evaluation that identifies and in many cases quantifies the potential harm posed to health and the environment by contamination on a property. Running With the Land: An obligation or right that attaches to a property and passes to the new owner after the land is sold. Superfund: See the Comprehensive Environmental Response, Compensation, and Liability Act. Tax Increment Financing (TIF): A mechanism that allows local governments to use future projected taxes to finance current infrastructure investments. Tax Credit: Incentives to invest in a development that reduce liability for taxes that otherwise would be incurred. Toxic Tort Action: A legal proceeding brought to seek damages for personal injury or property damage incurred as a result of exposure to a hazardous substance. Uncertainty Premium: The amount that the buyer of a property subtracts or discounts from the purchase price to reflect the risk of unexpected environmental assessment and cleanup costs. Use Permit: A type of variance that authorizes an otherwise unacceptable use on a property without changing its zoning. Variance: An individual exception to a land-use restriction or other legal standard granted because of special circumstances.

Voluntary Cleanups: Cleanups of identified contamination that are not court or agency ordered. Most states have voluntary cleanup programs that encourage voluntary cleanups and that may provide benefits if volunteers meet specified standards. What is a brownfield? The federal government defines brownfields as "abandoned, idled or underused industrial and commercial properties where expansion or redevelopment is complicated by real or perceived environmental contamination." Brownfields may make you think of dirty, blighted, abandoned industrial property, but that image is too narrow. Though some brownfields are old industrial sites, others are commercial buildings with little or no environmental contamination. Brownfields could be former service stations, warehouses, abandoned railroads or air strips. Do I own a brownfield? Ask yourself: Is my land idle, vacant, or less productive than it ought to be? Are concerns about environmental contamination contributing to the problem? If you answered yes to both questions, then you might own a brownfield. What is a greenfield? Greenfields are areas of land that have not previously been developed, such as woodlands, farmlands, or fields that are typically on the outskirts of urban areas. Many businesses and industries prefer developing greenfields to avoid the complications involved with brownfields specifically and, in general, with development in urban areas. Extensive development of greenfields, particularly combined with underdevelopment of brownfields and other infill properties, can intensify problems of urban sprawl. How does a community benefit from brownfield redevelopment? Brownfield redevelopment can help a community in many ways. Many brownfields sites are in unattractive, economically depressed parts of a neighborhood. Cleanup and redevelopment of the sites can encourage higher property values and create jobs, as well as positively impact the local economy by creating a safer, healthier urban space to house businesses and residences. What are the benefits of brownfield redevelopment to property owners? In addition to providing benefits to surrounding communities, property owners that clean up and reuse their brownfield properties may benefit directly by: Avoiding potential environmental enforcement actions by federal, state and local regulatory agencies that could impose penalties and costly cleanups; Receiving tax benefits for cleaning up and reusing the property; Reducing the likelihood that contamination from the property will migrate off site or into the groundwater under the site, thereby limiting liability for, and long term costs of, cleaning up the property; Creating good will within the community Reducing the potential need to address liabilities associated with the property in financial statements and Securities and Exchange Commission filings; Realizing an enhanced return from the property by making it more valuable and marketable.

Who is involved in brownfield redevelopment? A variety of private and public sector organizations may play a role in the course of cleaning up and redeveloping brownfield sites. Not all of these organizations will be involved at every site. Key players include: state environmental agencies, state economic development and planning agencies, citizen and community groups, commercial lenders, technical consultants, legal counsel, local government agencies, developers, investors, real estate professionals, local community development corporations, and federal government agencies, such as the U.S. Environmental Protection Agency. Are there tax incentives for brownfields redevelopment? In addition to direct financial assistance, federal, state and local tax incentives are available to property owners and developers to help reduce the costs of brownfield projects. The federal tax incentives include the Taxpayers Relief Act, which allows eligible taxpayers to deduct qualified cleanup expenses at eligible brownfields in the year they are incurred, and rehabilitation income tax credits for 10% of the expenses of rehabilitating structures built before 1936. Many state and local governments also provide tax breaks for brownfield projects. What is the role of insurance in brownfields transactions? Insurance can help reduce the risk for many of the key players in a brownfield transaction, thereby facilitating cleanup and redevelopment. For example, insurance can reduce the risk to a property owner who wants to sell a property but is concerned about potential liability for environmental contamination discovered after the sale. Insurance can also help reduce a prospective buyer's risk of potential liability for cleanup or for personal injury and property damage claims. These and other kinds of insurance are increasingly helping to encourage lenders to provide loans for contaminated properties. In addition, insurance can be used to reduce the risk of potential liability of cleanup contractors. The new insurance products vary based on the particular policy and insurer, but the following general types of insurance are most commonly used in brownfield transactions: cleanup cost cap insurance, environmental impairment insurance and secured creditor insurance. How clean is clean - must a brownfield site be cleaned up to pristine conditions? The extent of cleanup will vary considerably depending on the type, amount and area of contamination, and the cleanup standards used by the specific regulatory program that governs the cleanup. In addition, a key factor in determining the level of cleanup is whether the use of the property is taken into account in setting cleanup standards. For example, if a property is slated for industrial use, the cleanup standards may be less stringent than if the property were to be used for residential purposes, because the level of exposure to the contaminants will be less. How much will the cleanup cost? The cost of the cleanup will vary considerably depending on many factors. The level, type, amount, and extent of contamination are key determinants. For example, if the groundwater under the site is contaminated, the cost of cleanup is likely to be much higher than if just the soil is contaminated. If the contaminated materials need to be transported off site for treatment that will also affect the cost. The cost will also depend on the standards that apply to the cleanup, particularly whether the use of the property is considered in setting cleanup levels. If a brownfield property is cleaned up to commercial use standards, for example, rather than residential use standards, the cleanup will typically be less expensive. The cost to the property

owner of the cleanup will also be affected by whether there are other parties, such as previous owners of the property, that are also responsible for the contamination and can contribute to the costs. How long will the cleanup take? The length of the cleanup will vary according to the level, type, amount and extent of the contamination, as well as the cleanup standards that apply to the site. A site with extensive soil and groundwater contamination that is cleaned up to residential standards is likely to take longer to clean up than a site that has only minimal contamination and will be used for industrial purposes. Factors such as the time of year, or unusually bad weather can affect the duration of the cleanup. In most cases, technical consultants will be hired to perform the cleanup. The pace of the cleanup will also be contingent in part on the consultants' schedules and levels of efficiency.

Brownfields
Brownfields are typically abandoned or underused commercial and industrial properties that contain some contamination that may affect their future constructive use. They are usually found in cities and inner ring suburbs, but rural areas may also contain sites. Once cleaned up to acceptable environmental standards--the property's future use will determine the necessary cleanup level--brownfields can become viable economic development centers, attracting growth that may otherwise spill out onto the urban-rural fringe. There are three main obstacles to brownfields cleanup and redevelopment: Liability concerns of prospective property owners and developers. Insufficient financial incentives to make the necessary cleanup and redevelopment investments. Lack of specific requirements--institutional controls--that ensure sites are cleaned up to different degrees based on future use.

NCSL's Brownfields Project has prepared policy option reports in each of these three issue areas. In addition, the project tracks state legislation and state, federal and local brownfields program developments, and provides technical assistance to states considering brownfields legislation. Technical assistance may include: Testimony by NCSL staff or outside experts at legislative committee meetings. State-specific policy research. Bill review and drafting assistance.

Liability Protection
Congress enacted the strict, joint and several liability provisions of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) to stop the discharge of hazardous pollutants into the environment. Under that law, every past and present owner of a contaminated property is held fully responsible for all cleanup costs, regardless of fault. Superfund liability provisions also applied to brownfields owners and developers, making them subject to liability even if they did not cause the pollution. This policy raised barriers to brownfields redevelopment since businesses were unwilling to invest in redeveloping sites that could result in later federal enforcement actions and additional cleanup costs and responsibilities. In an effort to eliminate federal Superfund liability for brownfields owners and developers and spur site cleanup and redevelopment, the Small Business Liability Relief and Brownfields Revitalization Act signed in January 2002 gives liability protection to bona fide prospective purchasers, contiguous property owners and innocent landowners seeking to redevelop brownfields. These owners have to prove they had no responsibility for contributing to the contamination of the property and no knowledge of the contamination prior to acquiring the property. Several states have enacted laws containing liability protection provisions. Different approaches include:

Indiana--A covenant-not-to-sue is issued with a certificate of completion of work plan protecting the applicant against public or private claims under state law related to a hazardous substance release covered under the completed work plan. Maryland--A no-further-requirements determination and certification of completion of a response action plan protects the applicant from liability for any violation of the conditions placed on the use of the property, so long as they did not cause or contribute to the violation. An inculpable person is not liable for any existing contamination, but is liable for new contamination or exacerbation of existing contamination. Pennsylvania--Upon determination by the state regulatory agency that the appropriate cleanup standard has been attained, the person completing the cleanup is relieved of further liability for remediation of contamination identified in reports submitted to and approved by the state regulatory agency. Virginia--Liability protections mirror federal law and are afforded to a prospective purchaser of a brownfields property, an innocent landowner that acquires the property without knowledge of contamination, and a contiguous property owner that is a victim of a neighboring propertys contamination. Amnesty provisions make a voluntary disclosure of real or potential contamination immune from administrative or civil penalties under state law. Financial Incentives Several states provide grants, low interest loans, credit enhancement agreements and tax incentives for brownfields cleanup and redevelopment. Examples of innovative programs include: Colorado provides a tax credit for environmental cleanup and redevelopment projects in cities with populations larger than 10,000. The tax credit ranges from 50 percent of the initial $100,000 for site remediation to 20 percent of the third $100,000 spent on cleanup. Massachusetts earmarked $15 million in 1998 for an insurance fund to help pay cleanup costs or guarantee private loans. The state also established a redevelopment fund to provide $30 million in low interest loans to private parties and grants to local governments, and authorized a tax credit. New York provides tax credits for soil and groundwater cleanup, site redevelopment and job training costs, and for purchasing environmental remediation insurance, and allows a refund of that portion of a credit that exceeds a person's tax liability in any given year. Oregon's Economic and Community Development Department offers several forms of financial assistance, including credit enhancement agreements (loan portfolio insurance and loan guarantees for environmental evaluations) and a Brownfield Redevelopment Loan Fund. Pennsylvanias Land Recycling Program includes an Industrial Sites Cleanup Fund to assist in voluntary cleanups--grants or low-interest loans cover up to 75 percent of the cost of an environmental study and a cleanup plan. A job creation and tax credit program provides a $1,000 tax credit for each new job created at a brownfields site for companies that increase employment by 25 jobs or 20 percent within three years of beginning site remediation.