Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

A Breakdown the NJEDA’s New Brownfields Impact Fund

Author: Scarinci Hollenbeck, LLC

Date: January 11, 2022

Key Contacts

Back
Breaking Down the NJEDA’s New Brownfields Impact Fund

On December 6, 2021, the NJEDA announced that the new Brownfields Impact Fund will launch later this winter…

On December 6, 2021, the New Jersey Economic Development Authority (NJEDA) announced that the new Brownfields Impact Fund will launch later this winter.  The program will provide grant funding and low-interest loans to public sector and non-profit organizations, as well as low-interest loans to for-profit organizations, to carry out cleanup activities at brownfield sites throughout the state.  Potential applicants for the Brownfields Impact Fund can pre-qualify now by visiting https://www.njeda.com/brownfieldsimpactfund/.

Brownfields are former commercial or industrial sites that are vacant or underutilized and are suspected or known to be contaminated.  These properties have a negative impact on New Jersey’s economy because they lower property values, decrease employment opportunities, and lead to a loss of tax revenue.  Brownfields are diverse in terms of shape, size, contamination level, and location.  A brownfield can be a large, former industrial property or small, local site such as an abandoned gas station in a downtown area.

Overview of Brownfields Impact Fund

The Brownfields Impact Fund is a pilot program, funded by a U.S. Environmental Protection Agency (EPA) Revolving Loan Fund (RLF) grant, that will provide $800,000 in funding for entities to carry out cleanup activities at brownfield sites. The goal is to address funding gaps to make the remediation phase of the project financially viable and foster the redevelopment of brownfield sites for productive reuse. Loans and sub-grants will be available in amounts up to $350,000.

Eligibility for Brownfields Impact Fund

Entities eligible for loans include both for-profit and nonprofit organizations, as well as local governments. Meanwhile, subgrants may be awarded to nonprofit organizations and local governments.

Loans or subgrants can’t be provided to entities who caused or contributed to the contamination of the property. Specifically, this program excludes: individuals or entities responsible for, or individuals or entities who have common ownership or control with entities responsible for, any existing environmental contamination at the site or any individuals or entities that have indemnified a responsible party or a party who has common ownership or control with a responsible party.

Loan and grant recipients must also meet the EPA site control and eligibility requirements. For loans, borrowers must be able to demonstrate site control or a path to site control of a brownfield property. For subgrants, subgrantees must own the brownfield property at the time of the application and award of subgrant as well as must retain ownership of the site throughout the period of performance of the subgrant and must consult with NJEDA and EPA Project Officer prior to transferring title or otherwise conveying the real property compromising the site.

Eligible Activities Under Brownfields Impact Fund

Loans and/or subgrants will be available to fund the eligible environmental cleanup activities (not assessment or investigation). Below is a list of eligible activities:

  • Preparation of Remedial Action Workplans
  • Remediation of hazardous substances that are part of a structure such as: lead based paint (LBP) and asbestos containing material (ACM)
  • A site’s engineered remediation cap which could include foundations/roadways
  • Demolition of structures to the extent that the demolition is integral to enabling access to contamination needing remediation (must be pre-approved by  the EPA)
  • Actions necessary to clean up the release or mitigate the threatened release of hazardous materials such as: provide fences, warning signs or other site control precautions; drainage controls; capping of contaminated soils; excavation, consolidation, or removal of highly contaminated soils
  • Removal of containers that may contain hazardous substances; use of chemicals to retard the spread of hazardous substances; containment, treatment, disposal, or incineration of hazardous materials; and purchase of environmental insurance
  • Site monitoring, including sampling and analysis, required during the cleanup process
  • Monitoring and data collection which are required as a component of the cleanup action (including payment of the annual NJDEP remediation permit fees, if approved by the EPA)
  • Installation of engineering and/or institutional controls to fulfill cleanup requirements

Applying for Brownfields Funding

Funding will be available on a rolling basis, first-come, first-served, based on the readiness of the application and the availability of funds. Potential applicants for the Brownfields Impact Fund can pre-qualify now by visiting https://www.njeda.com/brownfieldsimpactfund/. Eligible applicants will be invited to complete a full application.

For the initial 90 days after program launch, only applications for projects located in the Community Collaborative Initiative (CCI) communities will be considered. Thereafter, the program will be open throughout the state. Prior to closing, NJEDA will submit loans and subgrants to USEPA for applicant, activity and site eligibility.

If you have questions, please contact us

If you have any questions or if you would like to discuss your potential eligibility for this program, please contact me, Monica Schroeck, or the Scarinci Hollenbeck attorney with whom you work, at 201-896-4100.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide for Businesses"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!