Provides that certain real property formerly owned by the state, that is being transitioned to private use may be designated as "brownfield sites"

Title of bill

An act to designate as brownfield sites, certain real property previously owned by the state that has been transitioned to private use or ownership

Purpose

This bill includes property previously owned by the state that is being transitioned to private use for redevelopment or reuse and is complicated by the presence of asbestos to be designated as a brownfield site for the purposes of the brownfield cleanup program.

Summary of provisions

Section 1 includes property previously owned by the state that is being transitioned to private use for redevelopment or reuse and is complicated by the presence of asbestos to be designated as a brownfield site for the purposes of the brownfield cleanup program.

Section 2 sets an immediate effective date.

Justification

Asbestos poses a significant public health risk in many older buildings across our state, and has serious long-term health effects including an increased risk of lung cancer, mesothelioma, as well as asbestosis. Currently, there are comprehensive processes that govern the abatement of toxic hazards associated with asbestos through the Asbestos Control Bureau in the Department of Labor. Pursuant to the Department of Labor's Asbestos regulations (Industrial Code Rule 56), building owners are not required to inspect for or remove asbestos containing materials, but inspection and abatement procedures are triggered by demolitions or renovations. Often, the development costs required for the removal of asbestos can be crippling to a revitalization project, and can lead to the failure of the project, threaten the abandonment of the property, and compromise the financial integrity of the developer or business.

As a result, many developers have been unable to continue projects intended to transition these properties into community businesses, leaving the facility in disrepair and the maintenance costs a liability for the counties. While the State must continue to ensure that unnecessary costs and property-holdings are addressed, it also has a responsibility to the business community, our local governments and our community members to ensure that the transition of state facilities into operational business enterprises is done in a safe, responsible and effective manner.

In many respects, the issues presented by asbestos are quite similar to those presented by brownfield sites, in that inherent complications of the property, including health and safety considerations, prohibit it from being a viable capital enterprise.

This bill would assist in advancing the reuse and redevelopment of the previously state-owned facilities that are sitting vacant due to the cost factors associated with safe and responsible asbestos removal.

Legislative history

New bill.

Fiscal implications

Tax credits to redevelop former state facilities should provide an economic return.

Effective date

Immediately.