Vermont § 47 - Executive Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program]

§ 47. Executive Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program]

• WHEREAS, Vermont’s workforce has declined significantly since the great recession
  with fewer Vermonters working or looking for work while employers struggle to fill
  good jobs; and WHEREAS, a majority of Vermont’s counties have not returned to pre-recession employment
  levels; and WHEREAS, we must do more to ensure that all of Vermont’s villages, towns, cities and
  counties have the tools to strengthen their communities and expand economic opportunity;
  and WHEREAS, economic and community development is a high priority for Vermont’s municipalities,
  employers and Vermonters; and WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial
  sites and facilities where redevelopment is difficult because of contamination (referred
  to as brownfields); and WHEREAS, developers report complicated issues involved in brownfield redevelopment
  projects in areas where development priorities exist (i.e. designated downtowns) —
  including State and federal regulations and permitting requirements overseen by multiple
  agencies, in addition to liability, lender requirements and other legal concerns —
  make them more expensive and complex to pursue and develop; and WHEREAS, the Brownfields Economic Revitalization Alliance or “BERA” has successfully
  utilized technical support and funding from the U.S. Environmental Protection Agency
  (EPA) for all of its pilot projects to date; and WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical
  support and funding for BERA pilot projects; and WHEREAS, the BERA serves an essential function in coordinating and prioritizing the
  deployment of State and federal resources to assist and guide developers of properties
  facing environmental and permitting challenges in evaluating, planning, and mitigating
  hazards; and WHEREAS, for Vermont to expand its economy and attract employers, the Governor has
  identified the need for a coordinated, predictable and transparent process for brownfield
  redevelopment projects while also protecting public health, safety and the environment;
  and WHEREAS, in order to ensure effective and efficient planning related to hazard and
  environmental mitigation and permitting related to brownfields redevelopment there
  is a need for a “one-stop-shop” to assist landowners and developers with accessing
  State and federal resources, navigating regulations and permitting requirements and
  planning and coordinating the redevelopment of these properties on behalf of the people
  of Vermont. NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority
  vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization
  Alliance (“BERA”) Program, to coordinate, utilize and deploy all available federal,
  State, private sector and volunteer and non-governmental agency resources, including
  funding, in the remediation, permitting and redevelopment coordination of BERA Program
  designated properties as follows: I. BERA Program Governance. The BERA Program Executive Committee shall receive, review and act on recommendations
  from the BERA Working Group to designate new BERA Program projects and review progress
  on existing BERA Program projects as needed, but not less frequently than semi-annually. The BERA Program Executive Committee shall consist of three tiers of members, as follows: 1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of
  Natural Resources (ANR) and the Agency of Transportation (AOT). 2. Not more than 12 non-governmental members appointed by the Governor, to include leaders
  in community planning, environmental remediation, economic development and finance,
  housing and commercial real estate. 3. State program members to be identified by the BERA Program Executive Committee, to
  include program staff from ACCD, AOT, the Department of Environmental Conservation,
  the Department of Health and the Governor’s Office. The BERA Program Executive Committee shall be chaired by the designated representative
  of the Department of Environmental Conservation Brownfields Program. The BERA Program Executive Committee may, in its discretion, consult with federal
  government representatives, private sector professionals and volunteer and non-governmental
  organizations for information and advice on best practices. The BERA Program Executive Committee shall provide an annual report to the Governor
  on the status of the Coordinated Project Plans. II. BERA Working Groups Charge and Process. The BERA Program Executive Committee shall, with respect to each designated redevelopment
  project, establish BERA Working Groups to support the BERA Program’s mission, drawing
  membership from any agency or department of State government to participate in and
  coordinate planning, permitting and remediation activities as part of each brownfield
  redevelopment project. Any conflicts resulting from these cross-agency designations
  shall be resolved by the Governor’s Director of Affordability and Economic Growth
  Initiatives. A BERA Working Group shall meet at the call of the BERA Program Executive Committee
  Chair as needed but not less frequently than quarterly, and consist of program staff
  from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA
  Project Team members and coordinate site characterization and project permitting and
  prioritize State and federal funding for remediation and redevelopment activities. The BERA Working Groups shall update the BERA Program Executive Committee on each
  Coordinated Project Plan not less than semi-annually to ensure each identified State
  governmental participant fulfills and executes its respective responsibilities outlined
  in the Plan. III. BERA Project Teams. A BERA Working Group shall designate a “Project Team” for each BERA Project to consist
  of stakeholders for that project such as State, federal, regional and local entities
  that can facilitate the successful completion of the designated redevelopment project. • Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from
  each BERA Working Group dedicated to be the point of contact for a BERA Project Team.
  The BERA Project Team Lead shall address concerns related to the designated redevelopment
  project as well as challenges associated with the implementation of the Coordinated
  Project Plan, including coordination with the federal and State agencies responsible
  for resources, regulation and permitting and work with other relevant cooperating
  federal, State and local agencies, private sector professionals and interested third
  parties as needed. • Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the
  start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities
  for all entities to provide resources, perform environmental reviews or grant authorizations;
  2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination
  and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings;
  5) identify funding opportunities and gaps; and 6) identify the point at which the
  BERA project is “complete,” signifying the end of BERA Working Group and BERA Project
  Team involvement. Assignments within the Plan shall be based on functional capabilities
  and statutory responsibilities of each member of the BERA Project Team. To make the Plan viable and fulfill the mission of the BERA Program, all State governmental
  participants must execute their assignments when called upon. IV. Effective Date. This Executive Order shall take effect upon execution and shall expire October 1,
  2025, unless extended by the Governor [extended by Executive Order No. 06025 (codified
  as 10-51)]. Dated October 9, 2019