WEBVTT 135 00:00:00.067 --> 00:00:06.067 let me turn things over to Bill Denman for EPA region for. 136 00:00:06.067 --> 00:00:09.067 >> Thank you Jean. I just want to welcome everyone to the webinar. 137 00:00:09.067 --> 00:00:12.067 I want to thank you for tuning in. 138 00:00:12.067 --> 00:00:17.067 This is sponsored as chain said by the Superfund redevelopment development. 139 00:00:17.067 --> 00:00:21.067 My name is Bill Denman, and T for the 140 00:00:21.067 --> 00:00:25.067 redevelopment and chemicals branch here in region number four. 141 00:00:25.067 --> 00:00:30.067 Which in, encompasses the Brown's program and I do have a lot of ground 142 00:00:30.067 --> 00:00:32.067 in the Superfund redevelopment program. So glad you joined us today 143 00:00:32.067 --> 00:00:35.067 to talk about this particular issue. 144 00:00:35.067 --> 00:00:40.000 This is kind of a follow-on to the presentation 145 00:00:40.000 --> 00:00:43.000 we gave at the national Rounds field conference back in 146 00:00:43.000 --> 00:00:48.000 September so if you to do that, you will find a lot of this information 147 00:00:48.000 --> 00:00:51.067 to be similar. We had a really good feedback after the presentation. 148 00:00:51.067 --> 00:00:57.067 And so thanks to Frank upside on the 149 00:00:57.067 --> 00:01:00.067 Superfund redevelopment initiative are sponsoring us. And 150 00:01:00.067 --> 00:01:03.067 speaking of Frank, Frank is usually the moderator so I'm filling in 151 00:01:03.067 --> 00:01:08.067 for a day and I will try to moderate us through this webinar, but he's 152 00:01:08.067 --> 00:01:12.067 unable to be with us today, but I am looking forward to it. And 153 00:01:12.067 --> 00:01:14.067 look forward to this topic. It will be talking about land conservation 154 00:01:14.067 --> 00:01:19.067 easements, focusing on the opportunities and benefits 155 00:01:19.067 --> 00:01:23.067 and strategies and liability protections and risk management for partnerships 156 00:01:23.067 --> 00:01:27.067 between developers. Local and state governments in land trust and we 157 00:01:27.067 --> 00:01:31.067 will also talk about some examples about those. 158 00:01:31.067 --> 00:01:34.067 And as Jean said, we have allowed some time at the end for question 159 00:01:34.067 --> 00:01:39.000 and answers. So please type in your questions. Because 160 00:01:39.000 --> 00:01:43.000 we time with us and we usually do so we will be able to hopefully 161 00:01:43.000 --> 00:01:47.000 get those to your questions. 162 00:01:47.000 --> 00:01:50.000 >> So as part of the webinar series that Superfund redevelopment host, 163 00:01:50.000 --> 00:01:55.067 we want to share specific we use stories and challenges. Hopefully 164 00:01:55.067 --> 00:02:02.067 to inspire the beneficial reuse at sites across 165 00:02:02.067 --> 00:02:06.067 the country. Each webinar we focus on specific topics, providing guidance, 166 00:02:06.067 --> 00:02:10.067 tools and lessons that we have learned to support specifically the appropriate 167 00:02:10.067 --> 00:02:14.067 redevelopment of Superfund sites. Superfund redevelopment 168 00:02:14.067 --> 00:02:16.067 program would like to learn more about what it can do to support 169 00:02:16.067 --> 00:02:19.067 redevelopment through these national roundtables listening sessions and 170 00:02:19.067 --> 00:02:22.067 webinars. So that we can get the feedback from folks like you that 171 00:02:22.067 --> 00:02:26.067 are in this industry and provide the tools and resources needed to 172 00:02:26.067 --> 00:02:28.067 help facilitate redevelopment. 173 00:02:28.067 --> 00:02:32.067 >> EPA recognizes the Superfund sites represent specific 174 00:02:32.067 --> 00:02:38.000 challenges and EPA supports and tools 175 00:02:38.000 --> 00:02:41.000 supports and make collective efforts more effective. 176 00:02:41.000 --> 00:02:44.000 So the feedback that you provide us is really helpful. It will 177 00:02:44.000 --> 00:02:47.000 be summarize the recommendations to be created and shared with EPA 178 00:02:47.000 --> 00:02:50.000 leadership. 179 00:02:50.000 --> 00:02:55.000 >> So again I am Bill Denman, chief of region 180 00:02:55.000 --> 00:02:59.000 number four redevelopment chemicals 181 00:02:59.000 --> 00:03:02.000 branch and the southeast regions, we have eight southeastern states 182 00:03:02.000 --> 00:03:04.000 that we work on. And just a few minutes will hear from Scott Miller 183 00:03:04.000 --> 00:03:08.000 who is the Superfund redevelopment initiative contact here to tell 184 00:03:08.000 --> 00:03:11.000 you what Superfund redeveloped is. 185 00:03:11.000 --> 00:03:15.000 And then me along with West with the Scio solutions who has a long 186 00:03:15.000 --> 00:03:24.000 history in redevelopment of contaminated properties, 187 00:03:24.000 --> 00:03:26.000 will talk along with two representatives from 188 00:03:26.000 --> 00:03:29.000 the trust for public lands, and as you probably know, TPL is a national 189 00:03:29.000 --> 00:03:33.000 organization that focuses on acquiring land for protection. And Alex and 190 00:03:33.000 --> 00:03:38.934 Paulo are specifically with TPO 191 00:03:38.934 --> 00:03:40.934 for you focus on acquiring land there for protection. So we will 192 00:03:40.934 --> 00:03:44.934 hear from the real world they trust representatives on some of the 193 00:03:44.934 --> 00:03:46.934 benefits of being involved with the land trust. 194 00:03:46.934 --> 00:03:50.934 >> And then at the end, we will talk about tools, support and resources 195 00:03:50.934 --> 00:03:55.000 that are available. I will give that I get that for Frank 196 00:03:55.000 --> 00:04:01.000 and were talk about what the Superfund redevelopment initiative 197 00:04:01.000 --> 00:04:03.000 can provide, the kind of resources that can 198 00:04:03.000 --> 00:04:06.000 provide to folks who are interested in redeveloping sites, we will enter 199 00:04:06.000 --> 00:04:07.000 into the Q&A and roundtable discussion. 200 00:04:07.000 --> 00:04:10.000 >> So with that, I will turn it over to Scott Miller, to fill us 201 00:04:10.000 --> 00:04:12.000 in on what Superfund redevelopment is. 202 00:04:12.000 --> 00:04:19.000 >> Inc. you Bill. I am Scott Miller of Superfund 203 00:04:19.000 --> 00:04:21.000 coordinator for EPA region number four. Superfund redevelopment has 204 00:04:21.000 --> 00:04:25.000 had an extraordinarily successful 20 years supporting the redevelopment 205 00:04:25.000 --> 00:04:31.000 of Superfund sites with 900 sites and 206 00:04:31.000 --> 00:04:33.000 continued use. 207 00:04:33.000 --> 00:04:37.000 Superfund redevelopment works with communities and other partners and 208 00:04:37.000 --> 00:04:43.000 considering opportunities and integrating appropriate options into 209 00:04:43.000 --> 00:04:46.000 the cleanup process. It's important to note 210 00:04:46.000 --> 00:04:50.000 that reuse considerations can and should be explored at any point 211 00:04:50.000 --> 00:04:51.067 during Superfund cleanup process. 212 00:04:51.067 --> 00:04:55.067 There are many different ways to reuse Superfund sites, and there's 213 00:04:55.067 --> 00:04:58.067 no one-size-fits-all solutions to determining which we use type would 214 00:04:58.067 --> 00:05:04.067 be most appropriate. Contaminated sites pose 215 00:05:04.067 --> 00:05:08.067 unique challenges in 216 00:05:08.067 --> 00:05:09.067 terms of both cleanup and reuse. 217 00:05:09.067 --> 00:05:12.067 However, they can also allow for broad spectrum of safe and productive 218 00:05:12.067 --> 00:05:16.067 reuse possibilities. Returning contaminated sites as productive uses important 219 00:05:16.067 --> 00:05:19.067 part of EPA's mission. For more 220 00:05:19.067 --> 00:05:21.067 information about the Superfund redevelopment initiatives for use 221 00:05:21.067 --> 00:05:25.067 in redevelopment efforts, I would encourage you to visit Superfund 222 00:05:25.067 --> 00:05:28.067 website. 223 00:05:28.067 --> 00:05:32.067 The link to that website is here and also listed the resources pod 224 00:05:32.067 --> 00:05:36.067 on the right side of your screen. 225 00:05:36.067 --> 00:05:41.000 >> FRA currently has partnerships with the Academy of model Aeronautics, 226 00:05:41.000 --> 00:05:46.000 the US soccer foundation, the roads and trails Conservancy, the transfer 227 00:05:46.000 --> 00:05:49.000 public lands and pollinate partnership. These organizations 228 00:05:49.000 --> 00:05:53.067 are familiar with Superfund, and 229 00:05:53.067 --> 00:05:57.067 willing to work with the communities, municipalities or other stakeholders 230 00:05:57.067 --> 00:06:00.067 to explore and reuse opportunities for the local Superfund sites. With 231 00:06:00.067 --> 00:06:04.067 that, cat West will kick off the cop the discussion of conservation 232 00:06:04.067 --> 00:06:07.067 easements. 233 00:06:07.067 --> 00:06:13.067 >> Great, thank you Scott. It is so exciting to be with 234 00:06:13.067 --> 00:06:17.067 you today and talk about religion profitable role 235 00:06:17.067 --> 00:06:19.067 of conservation easement in Superfund redevelopment and other 236 00:06:19.067 --> 00:06:26.067 contaminated property redevelopment as well. And as 237 00:06:26.067 --> 00:06:30.067 Bill mentioned, I would give solutions, I'm an environmental attorney and 238 00:06:30.067 --> 00:06:35.067 I have been working on redevelopment for gosh, I guess 15 years 239 00:06:35.067 --> 00:06:41.000 now. And I would like to share the slide with you. This is the 240 00:06:41.000 --> 00:06:46.000 universe of contaminated properties. And I love 241 00:06:46.000 --> 00:06:50.000 this one and try to do this every time I do some sort of presentation. 242 00:06:50.000 --> 00:06:56.067 Because it really represents the opportunities are vast. There are 243 00:06:56.067 --> 00:07:01.067 approximately 1 billion or 1 million [ Indiscernible - muffled 244 00:07:01.067 --> 00:07:06.067 speaker/audio ] or on the notes is in into million in value. In 245 00:07:06.067 --> 00:07:11.067 5 billion acres of undervalued real estate. As you can see there's 246 00:07:11.067 --> 00:07:16.067 about 3700 sites across the country. About 247 00:07:16.067 --> 00:07:22.067 40.000 Superfund sites. Which out of 248 00:07:22.067 --> 00:07:23.067 those, 1700 are on the Superfund national priorities 249 00:07:23.067 --> 00:07:24.067 list. 250 00:07:24.067 --> 00:07:30.067 >> And as you may know, the mediation of contamination, contaminated land 251 00:07:30.067 --> 00:07:35.067 often does not meet the levels, and back they are moved 252 00:07:35.067 --> 00:07:40.000 are contained affect so it's protective of human health and the environment 253 00:07:40.000 --> 00:07:45.000 for specific and designated purposes based on the intended future use. 254 00:07:45.000 --> 00:07:50.000 >> So this is where conservation easements and the partnerships between 255 00:07:50.000 --> 00:07:56.067 the [ Indiscernible ] and his government folks the parties is so 256 00:07:56.067 --> 00:08:01.067 critical for maximizing redevelopment profits and benefits to make the 257 00:08:01.067 --> 00:08:03.067 deal work at all our make it better. 258 00:08:03.067 --> 00:08:09.067 >> And these partnerships can help ensure that properties don't 259 00:08:09.067 --> 00:08:10.067 get mothballed. 260 00:08:10.067 --> 00:08:15.067 And when they get mothballed there's no community benefit after the cleanup. 261 00:08:15.067 --> 00:08:18.067 >> The good news is that while these types of 262 00:08:18.067 --> 00:08:22.067 partnerships and creative strategies are relatively new, they are certainly 263 00:08:22.067 --> 00:08:25.067 in the band and they are growing. 264 00:08:25.067 --> 00:08:30.067 So for example, BASF, the international chemical company is actively looking 265 00:08:30.067 --> 00:08:34.067 for the interest partners to the site, because as they say, they 266 00:08:34.067 --> 00:08:41.000 are in the chemical business. Not so land stewards not, not the land 267 00:08:41.000 --> 00:08:45.000 stewardship business. The alliance coalition of national 268 00:08:45.000 --> 00:08:49.000 interest recognizes the values and importance of such partnerships 269 00:08:49.000 --> 00:08:53.067 when they say their land trust has a stewardship expertise 270 00:08:53.067 --> 00:09:01.067 plus, this is really important, the credibility 271 00:09:01.067 --> 00:09:04.067 in most communities to make these redevelopment fields work. 272 00:09:04.067 --> 00:09:07.067 >> So during's presentation, EPA and the trust for public lands will 273 00:09:07.067 --> 00:09:09.067 be sharing some of these successfully examples, successful examples of 274 00:09:09.067 --> 00:09:15.067 the partnership with both local and national 275 00:09:15.067 --> 00:09:18.067 trust, and as part of the presentation materials, we will 276 00:09:18.067 --> 00:09:20.067 also be sharing some of the success stories. 277 00:09:20.067 --> 00:09:25.067 >> One from the North American land trust, who is equal to partner with 278 00:09:25.067 --> 00:09:32.067 companies and government fund work projects. 279 00:09:32.067 --> 00:09:35.067 >> And I know this probably sounds too 280 00:09:35.067 --> 00:09:36.067 good to be true, but it's not. So let's explore together the brilliant 281 00:09:36.067 --> 00:09:40.000 impossible roles to conservation easements in the trusts and units 282 00:09:40.000 --> 00:09:42.133 of government can play in 283 00:09:42.133 --> 00:09:46.000 contaminated property redevelopment. Alex, let 284 00:09:46.000 --> 00:09:48.000 me turn it over to you see can share some more about the land conservation 285 00:09:48.000 --> 00:09:49.000 easement. 286 00:09:49.000 --> 00:09:55.067 >> While thank you cat, I really appreciate the opportunity. 287 00:09:55.067 --> 00:09:59.067 In behalf of hello and I, want to thank you for the 288 00:09:59.067 --> 00:10:02.067 presentation, the opportunity to present for this. So we would talk 289 00:10:02.067 --> 00:10:09.067 about land trust and conservation easement before, before I do that, 290 00:10:09.067 --> 00:10:12.067 I will give a brief history lesson on conservation. And so in the United 291 00:10:12.067 --> 00:10:17.067 States, with the beginning of the 20th 292 00:10:17.067 --> 00:10:19.067 century came what's called the Golden age of conservation. Pres. Theodore 293 00:10:19.067 --> 00:10:24.067 Roosevelt use the broad assembly of 294 00:10:24.067 --> 00:10:28.067 the critic the G6 antiquities act to identify five national parks 295 00:10:28.067 --> 00:10:34.067 and others for 296 00:10:34.067 --> 00:10:36.067 hundreds of thousands of acres. Later in the 297 00:10:36.067 --> 00:10:39.000 1970s in the Nixon administration, we have the clean air act, the Clean 298 00:10:39.000 --> 00:10:42.000 Water Act and the Endangered Species Act. Later on in 1980s, some beginning 299 00:10:42.000 --> 00:10:46.000 of favorable tax legislation which encouraged private land conservation 300 00:10:46.000 --> 00:10:49.000 in a number of interest again to grow 301 00:10:49.000 --> 00:10:50.000 exponentially. 302 00:10:50.000 --> 00:10:53.067 >> So for example in 1981. there's about 431 local land trusts in the 303 00:10:53.067 --> 00:10:59.067 United States. By the end of 2016. there were over 304 00:10:59.067 --> 00:11:01.067 1300. Later on in 2015. Congress enacted one 305 00:11:01.067 --> 00:11:05.067 of the most powerful conservation measures and decades. What's known 306 00:11:05.067 --> 00:11:11.067 as enhanced federal tax incentive for conservation easement foundations. 307 00:11:11.067 --> 00:11:12.067 Donations. 308 00:11:12.067 --> 00:11:15.067 This permanent tax incentive is a powerful tool that helps Americans 309 00:11:15.067 --> 00:11:16.067 conserve their land voluntarily. 310 00:11:16.067 --> 00:11:22.067 And for land trust across the country, this is a permanent 311 00:11:22.067 --> 00:11:26.067 and send [ Indiscernible ] represents opportunity 312 00:11:26.067 --> 00:11:27.067 increased opportunity for the special places for protection which they 313 00:11:27.067 --> 00:11:30.067 work. 314 00:11:30.067 --> 00:11:33.067 >> So with that we will get into what at the land trust is. 315 00:11:33.067 --> 00:11:38.000 Basically in a nutshell the private nonprofit organization to 316 00:11:38.000 --> 00:11:41.000 protect land within a particular geography. Out here in California 317 00:11:41.000 --> 00:11:46.000 where I work, it's been a couple logos for the land trust my partner. 318 00:11:46.000 --> 00:11:52.067 So land trust can be as small as all volunteer 319 00:11:52.067 --> 00:11:56.067 staff that built, they don't have any properties that 320 00:11:56.067 --> 00:12:00.067 they manage or that can be as big as a the trust for Public land that 321 00:12:00.067 --> 00:12:05.067 has about 350 employees. In terms of geography, you could 322 00:12:05.067 --> 00:12:09.067 be protecting one piece of property in your neighborhood, or you can 323 00:12:09.067 --> 00:12:15.067 be protecting like the Mojave Desert land trust, an 324 00:12:15.067 --> 00:12:19.067 entire geography. Or a County land trust. So imagine 325 00:12:19.067 --> 00:12:23.067 where you are in the United States, this is probably 326 00:12:23.067 --> 00:12:26.067 a local land trust in your backyard. 327 00:12:26.067 --> 00:12:29.067 >> So as I mentioned today there's over 1300 328 00:12:29.067 --> 00:12:32.067 land trust across the United States. 329 00:12:32.067 --> 00:12:35.067 They protected 56 million acres. 330 00:12:35.067 --> 00:12:39.000 72% of these protect and allow for public assess, and 331 00:12:39.000 --> 00:12:44.000 I want to point that out because not all conservation easements 332 00:12:44.000 --> 00:12:49.000 are protected land allows for public access and there's reason for that 333 00:12:49.000 --> 00:12:52.000 and they could be threatening endangered species on the property. 334 00:12:52.000 --> 00:12:57.000 So having the public access to those properties with the ideal. And there 335 00:12:57.000 --> 00:13:01.000 could be an operating farm or concern in public 336 00:13:01.000 --> 00:13:05.000 assess is not 337 00:13:05.000 --> 00:13:06.000 allow for 338 00:13:06.000 --> 00:13:09.000 >> In total there's over $2 billion held by land trust and endowments, 339 00:13:09.000 --> 00:13:14.000 and we will get into what that is later on. But that's basically a 340 00:13:14.000 --> 00:13:18.000 way for land trust to manage the easement to properties 341 00:13:18.000 --> 00:13:20.000 which they know. 342 00:13:20.000 --> 00:13:23.000 >> So the big question is what is the conservation easements. In a 343 00:13:23.000 --> 00:13:28.000 nutshell it's the legal agreement typically it's the deed that restricts 344 00:13:28.000 --> 00:13:34.000 the use of the property in order to conserve and/or restore 345 00:13:34.000 --> 00:13:39.934 particular property attributes. The benefits of 346 00:13:39.934 --> 00:13:43.934 conservation easement basically to 347 00:13:43.934 --> 00:13:49.934 protect open space, could be species, habitat, 348 00:13:49.934 --> 00:13:50.934 what resources or ag land as mentioned. 349 00:13:50.934 --> 00:13:57.000 There's all types of ways that you can draft a 350 00:13:57.000 --> 00:14:01.000 conservation easement. You can have extremely 351 00:14:01.000 --> 00:14:05.000 restricted easements that are very cost-effective for landowner or 352 00:14:05.000 --> 00:14:08.000 you can have other easements that allow the leader 353 00:14:08.000 --> 00:14:10.000 to do quite a bit of the property. 354 00:14:10.000 --> 00:14:14.000 It really depends on the project and on a case-by-case basis. But 355 00:14:14.000 --> 00:14:18.000 some of the benefits here, they can lower the landowner's property 356 00:14:18.000 --> 00:14:22.000 tax liability. The income tax liability. In many cases they 357 00:14:22.000 --> 00:14:26.000 can provide meaningful cash payments 358 00:14:26.000 --> 00:14:27.000 at closing. 359 00:14:27.000 --> 00:14:30.000 >> This is landowner, one of your pictures, it's a letter with whom 360 00:14:30.000 --> 00:14:35.000 I work. He owns a Brussels sprouts farm in Santa Barbara County near 361 00:14:35.000 --> 00:14:40.000 Vandenberg Air Force Base. His children and grandchildren 362 00:14:40.000 --> 00:14:45.000 to not want to own the property. So he was looking 363 00:14:45.000 --> 00:14:46.000 for a way to preserve it in perpetuity. 364 00:14:46.000 --> 00:14:54.067 And he did that through agricultural observation easement. 365 00:14:54.067 --> 00:14:56.067 >> So I can mention there's all different types 366 00:14:56.067 --> 00:14:58.067 of easements. In this case it was easements based on the agricultural 367 00:14:58.067 --> 00:14:59.067 productivity of the property. 368 00:14:59.067 --> 00:15:07.067 >> With that we can talk a little bit about the the city, property 369 00:15:07.067 --> 00:15:11.067 rights. And by the 370 00:15:11.067 --> 00:15:13.067 best way for property rights is to imagine a bundle sticks. Typically 371 00:15:13.067 --> 00:15:16.067 when you buy the property nearby all the rights of property, you 372 00:15:16.067 --> 00:15:20.067 are buying a bundle of sticks at each stick represents a different 373 00:15:20.067 --> 00:15:23.067 right. So each stick is a certain right. And examples of these 374 00:15:23.067 --> 00:15:27.067 property rights would be mineral rights, development rights, water 375 00:15:27.067 --> 00:15:32.067 rights, even access rights and air rights. They can give you 376 00:15:32.067 --> 00:15:35.067 an idea of what could be restricted underneath the conservation 377 00:15:35.067 --> 00:15:38.000 easement. 378 00:15:38.000 --> 00:15:40.000 >> So again you can write a conservation easement pretty much 379 00:15:40.000 --> 00:15:46.000 anywhere you want to as long as the underlying 380 00:15:46.000 --> 00:15:50.000 message is to preserve the property. 381 00:15:50.000 --> 00:15:54.067 >> With agricultural conservation easements, we set don't 382 00:15:54.067 --> 00:15:56.067 want to limit the lenders use of the properties. Sometimes there 383 00:15:56.067 --> 00:16:00.067 are so sometimes their building envelopes are building 384 00:16:00.067 --> 00:16:05.067 envelopes that allow the homeowner to improve the property some type 385 00:16:05.067 --> 00:16:11.067 of infrastructure but literally that would 386 00:16:11.067 --> 00:16:14.067 be protected. 387 00:16:14.067 --> 00:16:23.067 >> And type of easements, we certainly would want to 388 00:16:23.067 --> 00:16:24.067 develop the easement rights. 389 00:16:24.067 --> 00:16:27.067 We were to protect subdivisional property. So if you are a land trust 390 00:16:27.067 --> 00:16:34.067 managing easements you want to keep working with one worker. You don't 391 00:16:34.067 --> 00:16:37.000 want the plan to be subdivided all of a sudden you're have to to 392 00:16:37.000 --> 00:16:39.000 deal with 20 different owners. So typically subdivision is restricted 393 00:16:39.000 --> 00:16:43.000 use another restricted uses include timber harvesting, water 394 00:16:43.000 --> 00:16:45.000 usage and maybe even certain crops. 395 00:16:45.000 --> 00:16:50.000 It really depends on how you you will trap your easement. 396 00:16:50.000 --> 00:16:54.067 >> You also have permitted uses. Which in this case 397 00:16:54.067 --> 00:16:58.067 with agriculture and using that example, you can 398 00:16:58.067 --> 00:17:04.067 have infrastructure, ag -related infrastructure a lot of 399 00:17:04.067 --> 00:17:06.067 the property. Ranching could continue on the property. And timber harvesting. 400 00:17:06.067 --> 00:17:10.067 You can see that I've used timber harvesting as an example under restricted 401 00:17:10.067 --> 00:17:15.067 uses and permitted uses. It really kind of shows that it comes down 402 00:17:15.067 --> 00:17:18.067 to how you want to write your easement. 403 00:17:18.067 --> 00:17:21.067 Permit or restrict timber harvesting, you 404 00:17:21.067 --> 00:17:25.067 can do that with any type of use. 405 00:17:25.067 --> 00:17:26.067 It just depends on a case-by-case basis. 406 00:17:26.067 --> 00:17:30.067 >> So one of the main roles for the 407 00:17:30.067 --> 00:17:34.067 land trust for having it conservation easement was drafting a baseline 408 00:17:34.067 --> 00:17:38.000 report. And the monitoring of the conservation easements, but 409 00:17:38.000 --> 00:17:43.000 basically what that for baseline report, looking at the 410 00:17:43.000 --> 00:17:46.000 current conditions of the property. 411 00:17:46.000 --> 00:17:54.067 When it is recorded. So 412 00:17:54.067 --> 00:17:57.067 going through different years you want to look back at the current 413 00:17:57.067 --> 00:17:59.067 conditions of the property with this conservation easement was recorded 414 00:17:59.067 --> 00:18:01.067 and [ Indiscernible ] the property. 415 00:18:01.067 --> 00:18:05.067 In that way you can tell on if new [ Indiscernible ] 416 00:18:05.067 --> 00:18:07.067 structure is in the property in the landowner mistakenly built a 417 00:18:07.067 --> 00:18:12.067 new home on the property. Which was allowed. And that's where the 418 00:18:12.067 --> 00:18:16.067 easement monitoring process was, comes 419 00:18:16.067 --> 00:18:22.067 in. Typically plant is going on the property when they own 420 00:18:22.067 --> 00:18:25.067 a conservation at least once a year 421 00:18:25.067 --> 00:18:28.067 to make sure that the restriction to the conservation easement are 422 00:18:28.067 --> 00:18:32.067 being attuned to buy the landowner. 423 00:18:32.067 --> 00:18:35.067 >> Is a big role for the land trust and typically 424 00:18:35.067 --> 00:18:39.000 they do that with the endowment that I mentioned earlier. Typically 425 00:18:39.000 --> 00:18:43.000 there is a payment to the land trust when it was 426 00:18:43.000 --> 00:18:48.000 recorded, and that's put into the land trust endowment. And that endowment 427 00:18:48.000 --> 00:18:52.067 pays off interest for your that helps to live just have the funds 428 00:18:52.067 --> 00:18:55.067 necessary go on to the property. 429 00:18:55.067 --> 00:18:59.067 And make sure that it's being monitored correctly and used 430 00:18:59.067 --> 00:19:02.067 with the restriction in place. 431 00:19:02.067 --> 00:19:09.067 >> So with that, I will turn back over to EPA to talk about 432 00:19:09.067 --> 00:19:12.067 redevelopment strategies, but I just want to give you guys a brief 433 00:19:12.067 --> 00:19:15.067 overview of what conservation easements are and how they can help with redevelopment 434 00:19:15.067 --> 00:19:17.067 properties? 435 00:19:17.067 --> 00:19:22.067 >> Thank you and thank you for that interaction and as Alex was saying 436 00:19:22.067 --> 00:19:26.067 as we have the dramatic increase of the number of land trust and 437 00:19:26.067 --> 00:19:30.067 private land conservation in the United States 438 00:19:30.067 --> 00:19:33.067 over the last three years, almost at the same 439 00:19:33.067 --> 00:19:39.000 time in the late 90s or early 2000's, we saw changes to federal and environmental 440 00:19:39.000 --> 00:19:44.000 laws and also were meant to promote redevelopment, primarily 441 00:19:44.000 --> 00:19:48.000 the 2002 ground amendments and it was just amended in 2018 442 00:19:48.000 --> 00:19:52.067 with the build back, but those amendments to the federal law that govern super 443 00:19:52.067 --> 00:19:56.067 funds promoted or provide liability productions and exemptions to certain 444 00:19:56.067 --> 00:20:00.067 owners and holders of properties to encourage nonlevel 445 00:20:00.067 --> 00:20:06.067 properties, non-liable parties to come 446 00:20:06.067 --> 00:20:08.067 in and develop properties that may have environmental 447 00:20:08.067 --> 00:20:12.067 issues. So you have these two things happening at the same time. So we 448 00:20:12.067 --> 00:20:15.067 kind of this perfect storm of opportunity, and that we would talk about the 449 00:20:15.067 --> 00:20:21.067 nuts and bolts of some of the ways conservation 450 00:20:21.067 --> 00:20:23.067 easements and redevelopment contaminated property can work together to help 451 00:20:23.067 --> 00:20:27.067 make a deal work. And of course those of you in this business that 452 00:20:27.067 --> 00:20:33.067 her but also you have the opportunity zone 453 00:20:33.067 --> 00:20:36.067 issued that the incentive that we had over 454 00:20:36.067 --> 00:20:40.000 the last two years, so stop at all these things together, there's really 455 00:20:40.000 --> 00:20:44.000 role for conservation easements and land trusts to play in helping 456 00:20:44.000 --> 00:20:48.000 these redevelopment project work. 457 00:20:48.000 --> 00:20:52.067 >> So example is the financial benefits and clean up the site notes 458 00:20:52.067 --> 00:20:57.067 that if you have the future use in mind in the future use in mind, 459 00:20:57.067 --> 00:20:59.067 it always makes cleanup move faster you can save 460 00:20:59.067 --> 00:21:05.067 money on the cleanup because you know what the final disposition 461 00:21:05.067 --> 00:21:10.067 of the property needs to be a what the intended uses. So here we have 462 00:21:10.067 --> 00:21:15.067 the example, the groundbreaking battery breaking Superfund 463 00:21:15.067 --> 00:21:21.067 site, the Browns battery breaking Superfund site. The western portion 464 00:21:21.067 --> 00:21:24.067 of the site should be for wildlife habitat. The southwestern 465 00:21:24.067 --> 00:21:30.067 portion. So you have this on the property ensures that it 466 00:21:30.067 --> 00:21:34.067 stays suitable for wildlife habitats. So can 467 00:21:34.067 --> 00:21:39.000 be used to save money and time on the cleanup what you know can particular 468 00:21:39.000 --> 00:21:42.000 parts of what the future site use will be. 469 00:21:42.000 --> 00:21:46.000 >> So now would turn back over to Alex because in addition to saving 470 00:21:46.000 --> 00:21:51.067 money in the cleanup, there's also financial incentive to giving up 471 00:21:51.067 --> 00:21:54.067 some your stick. So when you give up some 472 00:21:54.067 --> 00:21:58.067 mistakes you're actually giving up some of the value of your property, 473 00:21:58.067 --> 00:22:04.067 and he will talk about how that can result in financial benefits. 474 00:22:04.067 --> 00:22:08.067 >> Thank you bill. I appreciate that. As I mentioned 475 00:22:08.067 --> 00:22:12.067 there's a lot of different incentives and financial incentives for landowners 476 00:22:12.067 --> 00:22:17.067 to contribute or donate a conservation easement. And 477 00:22:17.067 --> 00:22:21.067 just a, just a step back for a moment, landowners can certainly 478 00:22:21.067 --> 00:22:29.067 donate conservation easements. There's other tax benefits when they sell 479 00:22:29.067 --> 00:22:32.067 their easements below fair market value in that is called a bargain 480 00:22:32.067 --> 00:22:38.000 sale. We deal with that. But here in the trust for Public land 481 00:22:38.000 --> 00:22:40.000 where landowners say the conservation easement is valued 482 00:22:40.000 --> 00:22:44.000 at $1 million, and they want to sell it for 800.000. There are $200.000 483 00:22:44.000 --> 00:22:50.000 of tax benefits but that landowner can receive. So this slide kind 484 00:22:50.000 --> 00:22:57.000 of shows some of the different benefits, financial benefits 485 00:22:57.000 --> 00:22:59.000 from charitable donations. The first of course is federal charitable 486 00:22:59.000 --> 00:23:04.000 donation tax deduction. We got into a little bit earlier on about Congress 487 00:23:04.000 --> 00:23:09.000 wanting to support landowners conserving the property and so they made the 488 00:23:09.000 --> 00:23:13.000 financial incentive to do so. So as you can 489 00:23:13.000 --> 00:23:18.000 read here, qualify donation and it does need to 490 00:23:18.000 --> 00:23:21.000 be qualified with a qualified appraisal. 491 00:23:21.000 --> 00:23:25.000 The IRS looks at these things very closely. So 492 00:23:25.000 --> 00:23:28.000 when you're looking at the qualify donation you want to make sure the 493 00:23:28.000 --> 00:23:32.000 easement is in perpetuity. We are not talking about a 20 or 30 your 494 00:23:32.000 --> 00:23:37.934 easement, we're talking about the opportunity. That allow the 495 00:23:37.934 --> 00:23:41.934 donor to deduct up to the 496 00:23:41.934 --> 00:23:46.934 fair market value of the donation and up to 50% of the adjusted gross 497 00:23:46.934 --> 00:23:48.934 income of the donor for 15 years one exception to this is that farmers 498 00:23:48.934 --> 00:23:50.934 can deduct 100% of their income. 499 00:23:50.934 --> 00:23:56.000 Of the 15 years. Of course there are state tax deductions in various 500 00:23:56.000 --> 00:24:00.000 states across the country that have provided the incentives for 501 00:24:00.000 --> 00:24:05.000 the donations or discounted sale of conservation easement and that 502 00:24:05.000 --> 00:24:10.000 gets back to bargain sale. And course is there's 503 00:24:10.000 --> 00:24:17.000 the property deduction. For property election, if it's your 504 00:24:17.000 --> 00:24:19.000 property is assessed at $1 million and then encumber it with a highly 505 00:24:19.000 --> 00:24:24.000 restrictive conservation easement, you probably should not be assessed 506 00:24:24.000 --> 00:24:28.000 at the same rate. So when 507 00:24:28.000 --> 00:24:30.000 your assessments are lowered, that means your property tax liability 508 00:24:30.000 --> 00:24:31.000 is going to be lowered as well. 509 00:24:31.000 --> 00:24:36.067 In many states that is very beneficial to landowners and of course there's 510 00:24:36.067 --> 00:24:41.000 the state tax reduction, which provided the 511 00:24:41.000 --> 00:24:46.000 state tax exclusion. Up to 40 sense of the encumbered value of land 512 00:24:46.000 --> 00:24:50.000 and keep in mind this is capped at $500.000. 513 00:24:50.000 --> 00:24:54.067 >> So we see a lot of the benefits, a lot of landowners 514 00:24:54.067 --> 00:24:58.067 coming to the table because of the incentives, and of course I 515 00:24:58.067 --> 00:25:00.067 do want to conserve their property. 516 00:25:00.067 --> 00:25:05.067 In the does need to be a charitable intent. With these projects. Otherwise 517 00:25:05.067 --> 00:25:08.067 the IRS will not provide the 518 00:25:08.067 --> 00:25:09.067 tax incentives. 519 00:25:09.067 --> 00:25:12.067 >> So keep that in mind if you're like working with landowners or 520 00:25:12.067 --> 00:25:15.067 you are a landowner. The charitable intent needs to be there, and then 521 00:25:15.067 --> 00:25:26.067 the appraisal needs to be certainly aboveboard here 522 00:25:26.067 --> 00:25:28.067 in the trust above the plan we do a very thorough job of reviewing 523 00:25:28.067 --> 00:25:31.067 those appraisals before the landowners and some up to the IRS. But with 524 00:25:31.067 --> 00:25:35.067 that I will turn back over to EPA for another discussion of the project 525 00:25:35.067 --> 00:25:39.000 with the Superfund. 526 00:25:39.000 --> 00:25:41.000 >> Well thank you Alex, this is Bill again and in addition to the 527 00:25:41.000 --> 00:25:45.000 benefits that Alex just mentioned, there's also the benefit that we 528 00:25:45.000 --> 00:25:51.067 talked about both Kat and Alex and long-term stewardship benefit. 529 00:25:51.067 --> 00:25:56.067 As by companies that aren't in the business of holding or 530 00:25:56.067 --> 00:26:03.067 maintaining land. So a lot of times cleanup will result in 531 00:26:03.067 --> 00:26:05.067 ecological restoration but we've had companies tell us we're in the 532 00:26:05.067 --> 00:26:09.067 business of making chemicals, we are in the business of making whatever. 533 00:26:09.067 --> 00:26:13.067 We are not the business of making a wildlife habitat. So there's a 534 00:26:13.067 --> 00:26:16.067 real opportunity, if a conservation easement is given to 535 00:26:16.067 --> 00:26:19.067 land trust that may have that goal. 536 00:26:19.067 --> 00:26:27.067 And you have that and have all pollinators 537 00:26:27.067 --> 00:26:33.067 are different that had different goals 538 00:26:33.067 --> 00:26:38.000 and I thought for the ownership of land 539 00:26:38.000 --> 00:26:44.000 and in this case we talk of a conservation easement. And that land 540 00:26:44.000 --> 00:26:48.000 trust would and that continues to 541 00:26:48.000 --> 00:26:51.067 perform the intended goal for 542 00:26:51.067 --> 00:26:55.067 >> So we have for example the Superfund site where the Heritage 543 00:26:55.067 --> 00:26:59.067 Conservancy took over ownership of the formal industrial property 544 00:26:59.067 --> 00:27:05.067 that is known locally as quite in words, and 545 00:27:05.067 --> 00:27:17.067 continues to maintain that site -- 546 00:27:17.067 --> 00:27:24.067 Croydon Woods so that continues with the future 547 00:27:24.067 --> 00:27:27.067 disposition of that. So with that as an example would turn it over 548 00:27:27.067 --> 00:27:28.067 to Kathy will talk a little bit about liability protection and managing 549 00:27:28.067 --> 00:27:29.067 risk. 550 00:27:29.067 --> 00:27:33.067 >> Thanks Bill. And that's a perfect segue and 551 00:27:33.067 --> 00:27:36.067 for liability protection managing risks which just happens to be my 552 00:27:36.067 --> 00:27:42.000 very favorite topic. So as you may know, we developers may 553 00:27:42.000 --> 00:27:47.000 be reluctant to relinquish ownership as part of 554 00:27:47.000 --> 00:27:52.067 the site during the cleanup, because 555 00:27:52.067 --> 00:27:57.067 that may lack confidence in future owners to comply with land-use instruction 556 00:27:57.067 --> 00:28:03.067 or possibly not the damage remedy which can trigger 557 00:28:03.067 --> 00:28:07.067 additional costs. For liable party or additional liability. In this 558 00:28:07.067 --> 00:28:11.067 concern can lead to redevelopment fields, with the falling 559 00:28:11.067 --> 00:28:16.067 through or as mentioned earlier, the 560 00:28:16.067 --> 00:28:19.067 to the dreaded mothball properties. 561 00:28:19.067 --> 00:28:23.067 >> So the brilliant option of partnering with the reputable 562 00:28:23.067 --> 00:28:25.067 land trust or unit of government to hold the conservation easement, 563 00:28:25.067 --> 00:28:31.067 and arrive in the benefits from the property can encourage 564 00:28:31.067 --> 00:28:34.067 and really be the answer to site owners who could 565 00:28:34.067 --> 00:28:39.000 be wary of transferring property liability concern. 566 00:28:39.000 --> 00:28:43.000 >> And on the flipside, that's fantastic news 567 00:28:43.000 --> 00:28:48.000 is that the land trust alliance provides legal information to land 568 00:28:48.000 --> 00:28:52.067 trust members that a holder of a conservation easement 569 00:28:52.067 --> 00:28:57.067 is much less likely to incur any type of 570 00:28:57.067 --> 00:29:03.067 liability under the Superfund law then a simple title owner 571 00:29:03.067 --> 00:29:09.067 of property so long as the land trust is truly diligent 572 00:29:09.067 --> 00:29:13.067 about using the available risk management strategies 573 00:29:13.067 --> 00:29:19.067 and tools available, and does not conduct activities that 574 00:29:19.067 --> 00:29:22.067 quote unquote manage, harass or conduct operations specifically 575 00:29:22.067 --> 00:29:25.067 related to the habitus of this is. 576 00:29:25.067 --> 00:29:30.067 >> Which could make it subject to certain liability 577 00:29:30.067 --> 00:29:32.067 as an operator under the law. 578 00:29:32.067 --> 00:29:36.067 >> We provided to everyone on the call a great handout from the land 579 00:29:36.067 --> 00:29:41.000 trust alliance and [ Indiscernible ] marketing 10. 580 00:29:41.000 --> 00:29:45.000 a attorney that the research on this that is 581 00:29:45.000 --> 00:29:47.734 lanes liability protections and risk management for seasonal holders 582 00:29:47.734 --> 00:29:48.801 and much much more detail. 583 00:29:48.801 --> 00:29:54.067 >> And that should be available to everyone. There's going to be 584 00:29:54.067 --> 00:30:00.067 a seminar resource URL where this, this tool and other materials are 585 00:30:00.067 --> 00:30:06.067 going to be available. And both the land trust alliance and Mark 586 00:30:06.067 --> 00:30:09.067 Pennington told me asked me specifically to provide a caveat 587 00:30:09.067 --> 00:30:13.067 that the handout is from 2012. And although we are not aware of any 588 00:30:13.067 --> 00:30:18.067 legislative or legal changes that affect the material, they may 589 00:30:18.067 --> 00:30:21.067 have occurred and you should confer with your own legal 590 00:30:21.067 --> 00:30:23.067 counsel. 591 00:30:23.067 --> 00:30:29.067 >> So with that right news, let's turn it over to 592 00:30:29.067 --> 00:30:30.067 build to take a look at some interesting case 593 00:30:30.067 --> 00:30:33.067 studies. 594 00:30:33.067 --> 00:30:39.000 >> Thank you. We will start with some of the case studies that 595 00:30:39.000 --> 00:30:43.000 I happen to have a lot of studies within that's the mark. The Superfund 596 00:30:43.000 --> 00:30:49.000 site which is about 10 miles from Charlotte and West Virginia 597 00:30:49.000 --> 00:30:53.067 and white above the national white water national training center. 598 00:30:53.067 --> 00:30:56.067 If any of you have driven through Charlotte and CNET, there's a lot 599 00:30:56.067 --> 00:31:02.067 of interest in that site and the name so I go -- 600 00:31:02.067 --> 00:31:06.067 the name Sodyeco, they 601 00:31:06.067 --> 00:31:12.067 are the Carolinas, you can imagine there's a lot of work, a lot 602 00:31:12.067 --> 00:31:13.067 of big buildings and pipes and infrastructure and 603 00:31:13.067 --> 00:31:18.067 contamination also that happened over the years. 604 00:31:18.067 --> 00:31:24.067 >> Kinda came about in the early 80s when they were 605 00:31:24.067 --> 00:31:28.067 in their infrastructure in their infancy and early part of 606 00:31:28.067 --> 00:31:32.067 them. And you have a Superfund and [ Indiscernible ] on the property 607 00:31:32.067 --> 00:31:38.000 which made it incredibly complement desperate collocated so there's 608 00:31:38.000 --> 00:31:43.000 a fast-forward for the bottom line is in 609 00:31:43.000 --> 00:31:48.000 February 2012. we deleted the until portion of the site. And then the 610 00:31:48.000 --> 00:31:51.067 North Carolina [ Indiscernible ] program took over with the maintenance 611 00:31:51.067 --> 00:31:56.067 part of it. And the developers working with the responsible party to take 612 00:31:56.067 --> 00:32:02.067 over ownership of the site and create what's called the 613 00:32:02.067 --> 00:32:04.067 venture Park and is a really good website they know, I encourage you 614 00:32:04.067 --> 00:32:09.067 to go to re-venture Park and just search that on the research and 615 00:32:09.067 --> 00:32:12.067 they have a nice little video that shows what they 616 00:32:12.067 --> 00:32:17.067 were doing there. But there's all kinds of basically it's ecological 617 00:32:17.067 --> 00:32:21.067 [ Indiscernible ] which is designed to encourage people working on environmental 618 00:32:21.067 --> 00:32:25.067 solutions. To rent space in some of the structures that are there. 619 00:32:25.067 --> 00:32:31.067 And work on the environmental project and the idea from the 620 00:32:31.067 --> 00:32:37.000 creator was -- for different problems 621 00:32:37.000 --> 00:32:41.000 you can hopefully have some synergies and some cross-pollination, 622 00:32:41.000 --> 00:32:46.000 if you will, a little not to the 623 00:32:46.000 --> 00:32:50.000 pollination there. And I think it's going really well for them. 624 00:32:50.000 --> 00:32:55.000 >> Well the role the conservation easements played in is in addition 625 00:32:55.000 --> 00:33:01.000 to working on having a 626 00:33:01.000 --> 00:33:07.000 biomass plan, he and prior exchange 627 00:33:07.000 --> 00:33:11.000 project and algae to fuel project and several other cool things that 628 00:33:11.000 --> 00:33:15.000 he has there, there was a easement placed on about 185 629 00:33:15.000 --> 00:33:19.000 acres in about six and 70 acre piece of property. So 630 00:33:19.000 --> 00:33:22.000 about a little under 200 acres were put in the preservation along the 631 00:33:22.000 --> 00:33:27.000 river that provided a visual. From the river to the property, and enhances 632 00:33:27.000 --> 00:33:31.000 the sites national resources. It helps connect a bike 633 00:33:31.000 --> 00:33:34.000 trail that's going to the area. 634 00:33:34.000 --> 00:33:38.934 And it has a wildlife habitat, the restoration, and it connects 635 00:33:38.934 --> 00:33:43.934 mitral in the regional, regional Carolina trail and that 636 00:33:43.934 --> 00:33:47.934 provides access to the national white water training center. 637 00:33:47.934 --> 00:33:54.000 >> So there's really successful project, in addition to 638 00:33:54.000 --> 00:33:58.000 using the, using the conservation easement 639 00:33:58.000 --> 00:34:03.000 to protect the property, there also was a bit of financial benefit that 640 00:34:03.000 --> 00:34:10.000 was realized as well. That could help with encouraging 641 00:34:10.000 --> 00:34:11.000 that project. 642 00:34:11.000 --> 00:34:16.000 >> So that's example that was used at the maria, 643 00:34:16.000 --> 00:34:19.000 Martin Marietta Sodyeco site so I will turn it over to show how 644 00:34:19.000 --> 00:34:20.000 is used in California. 645 00:34:20.000 --> 00:34:25.000 >> Thank you Bill and things to EPA for -- for 646 00:34:25.000 --> 00:34:30.000 having me. I'm here to talk about a 32 acre site 647 00:34:30.000 --> 00:34:34.000 that could all [ Indiscernible ] called the cornfield site due to 648 00:34:34.000 --> 00:34:39.000 an installation that a local Los Angeles artist but in 649 00:34:39.000 --> 00:34:44.000 while this property, was, before was developed 650 00:34:44.000 --> 00:34:48.000 to state park. Before it was planted with native 651 00:34:48.000 --> 00:34:51.067 corn and treated as a living art exhibit for quite some time. But 652 00:34:51.067 --> 00:34:56.067 history is quite different. So were talking about 32 acre site that 653 00:34:56.067 --> 00:34:59.067 you see in the shadows of downtown LA. The big buildings, just to be 654 00:34:59.067 --> 00:35:05.067 on the site there. Chinatown would be adjacent 655 00:35:05.067 --> 00:35:07.067 and just down the hill from dodger state district stay in there 656 00:35:07.067 --> 00:35:11.067 to give you some perspective. So we're talking about what the the 657 00:35:11.067 --> 00:35:15.067 former railyard and there aren't a lot of large open space properties 658 00:35:15.067 --> 00:35:20.067 left in me most urban areas and the reason for that 659 00:35:20.067 --> 00:35:25.067 the reason for that property was left was due to contamination. So 660 00:35:25.067 --> 00:35:29.067 the former railyard and all the [ Indiscernible ] that created this 661 00:35:29.067 --> 00:35:38.000 one last big space, 662 00:35:38.000 --> 00:35:40.000 and she also mentioned is close to the LA River and even at this 663 00:35:40.000 --> 00:35:42.000 time, around development three, that was a burgeoning environmental 664 00:35:42.000 --> 00:35:47.000 cost in Southern California. So at the time a company called Majestic 665 00:35:47.000 --> 00:35:51.067 Realty had planned to build thousands 666 00:35:51.067 --> 00:35:53.067 and thousands of square feet of industrial storage on the site. 667 00:35:53.067 --> 00:35:58.067 And a local community alliance form to the Chinatown yard alliance and 668 00:35:58.067 --> 00:36:02.067 the collection of local community and 669 00:36:02.067 --> 00:36:06.067 environmental groups said hey, we have a lot of warehouses in the 670 00:36:06.067 --> 00:36:11.067 area. You will be able to go just to the left of the 671 00:36:11.067 --> 00:36:14.067 site there. And I would much rather have this property become a part. 672 00:36:14.067 --> 00:36:18.067 So Chinatown alliance and protested lawsuits to prevent the developer 673 00:36:18.067 --> 00:36:26.067 for going forward. With that major development. And you 674 00:36:26.067 --> 00:36:29.067 really stymied there and that's for the transport Republic land 675 00:36:29.067 --> 00:36:31.067 stepped in, not to say we opposed or supported a particular outcome, 676 00:36:31.067 --> 00:36:37.000 but that we were one alternative and let's take 677 00:36:37.000 --> 00:36:40.000 a shot, take a shot to see if we can turn this property into a 678 00:36:40.000 --> 00:36:41.000 part. 679 00:36:41.000 --> 00:36:45.000 >> So through sort of a legal settlement and community standstill, there 680 00:36:45.000 --> 00:36:51.067 was an agreement to provincially provide the trust and with one 681 00:36:51.067 --> 00:36:52.067 year option to purchase the property. 682 00:36:52.067 --> 00:36:58.067 So exclusive right to purchase the property for one year. So that was 683 00:36:58.067 --> 00:37:05.067 going to be -- this is not going to be one piece 684 00:37:05.067 --> 00:37:10.067 that she property, ended up being $30 million. So at 685 00:37:10.067 --> 00:37:14.067 that time the city California can appropriate $30 million grant and 686 00:37:14.067 --> 00:37:20.067 we acquire the property and in this case the public land agreed 687 00:37:20.067 --> 00:37:22.067 to remediate the property itself. 688 00:37:22.067 --> 00:37:29.067 >> So in some cases working with the development, the developer but 689 00:37:29.067 --> 00:37:33.067 the trust plan decided we could accept the 690 00:37:33.067 --> 00:37:35.067 financial contribution to handle the remediation ourselves. 691 00:37:35.067 --> 00:37:41.000 >> So we move forward with that and what's important 692 00:37:41.000 --> 00:37:43.000 to note is the state of California we have 693 00:37:43.000 --> 00:37:46.000 another tool called deed restrictions which are very much like conservation 694 00:37:46.000 --> 00:37:50.000 easements and it's fairly a large in 695 00:37:50.000 --> 00:37:53.067 the country. But essentially those deed restrictions may do so the 696 00:37:53.067 --> 00:37:56.067 property would only be able to be used for park space and that's a 697 00:37:56.067 --> 00:38:02.067 function of the funding. The state that we will 698 00:38:02.067 --> 00:38:04.067 give you the 30 or so million dollars to acquire the site. 699 00:38:04.067 --> 00:38:08.067 But we are only going to do that if you deed restrict the property 700 00:38:08.067 --> 00:38:09.067 to parks and open space. 701 00:38:09.067 --> 00:38:11.067 >> So that actually reduce the level of cleanup that might be needed 702 00:38:11.067 --> 00:38:15.067 for say industrial or residential sites which would have higher levels 703 00:38:15.067 --> 00:38:19.067 to protect the more intimate uses of that property. 704 00:38:19.067 --> 00:38:25.067 >> So again deed restricted [ Indiscernible ] is very the same for the Civil 705 00:38:25.067 --> 00:38:27.067 Code here in California. 706 00:38:27.067 --> 00:38:31.067 >> So TPL handle the remediation and then we transfer the property 707 00:38:31.067 --> 00:38:40.000 to California State Park. And so what we call cornfield are now 708 00:38:40.000 --> 00:38:42.000 known as LA state historic part. As truly 709 00:38:42.000 --> 00:38:45.000 become one of the gems of the urban park system. Again. Right next to 710 00:38:45.000 --> 00:38:50.000 downtown LA next to Chinatown. Just down the coast from Dodgers 711 00:38:50.000 --> 00:38:56.067 Stadium and near the LA River and a truly 712 00:38:56.067 --> 00:39:00.067 became a gem of the urban park system that 713 00:39:00.067 --> 00:39:04.067 the state historic parts run. And it's become a site where you will 714 00:39:04.067 --> 00:39:07.067 see concerts pop up, markets, exercise groups, dog walkers, 715 00:39:07.067 --> 00:39:10.067 you name it, truly become a community asset. 716 00:39:10.067 --> 00:39:15.067 >> And so couple takeaways here. One is that land 717 00:39:15.067 --> 00:39:18.067 trust can be involved in the 718 00:39:18.067 --> 00:39:24.067 remediation. You can be with the developer. It can be on their own. 719 00:39:24.067 --> 00:39:28.067 Both have different liability situations, that something you want 720 00:39:28.067 --> 00:39:32.067 to be cognizant of. But just to say land trust can 721 00:39:32.067 --> 00:39:35.067 be intimately involved in the remediation. 722 00:39:35.067 --> 00:39:37.000 >> One other thing to point out is that there are different levels 723 00:39:37.000 --> 00:39:42.000 of contamination in different sites as we have heard in the other 724 00:39:42.000 --> 00:39:46.000 examples previously. And that land trust can take portions that maybe 725 00:39:46.000 --> 00:39:51.067 aren't as contaminated while the central developer might retain a 726 00:39:51.067 --> 00:39:54.067 more contaminated section and remediate that further 727 00:39:54.067 --> 00:40:01.067 uses a residential. And really key to this point here is that land 728 00:40:01.067 --> 00:40:06.067 trust are not taking the role of the 729 00:40:06.067 --> 00:40:10.067 regulatory agencies, for example EPA or here in California, the department 730 00:40:10.067 --> 00:40:12.067 of control. We are merely work the regulatory scheme 731 00:40:12.067 --> 00:40:17.067 to receive for example to further action letter that says this property 732 00:40:17.067 --> 00:40:21.067 is clean to the use that we're talking about. And again is a different 733 00:40:21.067 --> 00:40:24.067 based on open space versus industrial residential or other uses so it 734 00:40:24.067 --> 00:40:30.067 can actually be to everyone's advantage to open space. Because 735 00:40:30.067 --> 00:40:32.067 that might be a lower level or mediation which would leave some 736 00:40:32.067 --> 00:40:37.000 of those conservation targets a task for 737 00:40:37.000 --> 00:40:43.000 >> And finally I would like to note that the summit serves as 738 00:40:43.000 --> 00:40:48.000 a proof of context. You pull the LA River effort in 739 00:40:48.000 --> 00:40:51.067 Southern California and particularly in the city of Los Angeles but also 740 00:40:51.067 --> 00:40:55.067 including many of the other cities that line the river. Includes a 741 00:40:55.067 --> 00:41:00.067 lot of southern specific properties and recently 742 00:41:00.067 --> 00:41:05.067 state required properties of the river and so proving these successes 743 00:41:05.067 --> 00:41:08.067 can get other successes in the larger 744 00:41:08.067 --> 00:41:11.067 conservation initiatives. And so that's all the 745 00:41:11.067 --> 00:41:14.067 benefits for everyone involved. 746 00:41:14.067 --> 00:41:18.067 >> So with that, we can move on to 747 00:41:18.067 --> 00:41:20.067 the next. 748 00:41:20.067 --> 00:41:27.067 >> Thank you Paulo, this is Bill and I really want to thank you and 749 00:41:27.067 --> 00:41:29.067 Alex for presenting with us and giving us examples. We think 750 00:41:29.067 --> 00:41:34.067 real-world examples of how land trust works and how to take on property 751 00:41:34.067 --> 00:41:37.000 and how TPL works is really helpful because I know a 752 00:41:37.000 --> 00:41:43.000 lot of us are just now learning about this and may 753 00:41:43.000 --> 00:41:48.000 not know a lot about it so really appreciate to everyone presenting 754 00:41:48.000 --> 00:41:49.000 with us. 755 00:41:49.000 --> 00:41:54.067 So now we will get it if you takeaways and lessons learned and we will 756 00:41:54.067 --> 00:42:02.067 all kind of chime in on. And I will start by saying 757 00:42:02.067 --> 00:42:04.067 the conservation easements are brilliant and valuable tools in the redevelopment 758 00:42:04.067 --> 00:42:10.067 toolbox. If you have been involved in the 759 00:42:10.067 --> 00:42:15.067 redevelopment property, note to read moments 760 00:42:15.067 --> 00:42:17.067 of the same. You may be regulated by different entities. It might 761 00:42:17.067 --> 00:42:20.067 be federal, might be state, it might be both. And you may have to reach 762 00:42:20.067 --> 00:42:22.067 different levels of cleanup as we talked about, based on what the 763 00:42:22.067 --> 00:42:27.067 final disposition of the property is going to be. But we feel like 764 00:42:27.067 --> 00:42:30.067 the conservation easements are or can play a significant 765 00:42:30.067 --> 00:42:36.067 role in reaching that sweet spot that 766 00:42:36.067 --> 00:42:38.000 we all try to reach, the sustainability 767 00:42:38.000 --> 00:42:41.000 triple bottom line. How do we address the environment, and the community 768 00:42:41.000 --> 00:42:43.000 and the economic interest as a society can have environmental interest 769 00:42:43.000 --> 00:42:48.000 by helping you get the property cleaned up. You can have the community 770 00:42:48.000 --> 00:42:52.000 interest by having something that may have public access or 771 00:42:52.000 --> 00:42:56.000 maybe preserved in perpetuity. And then of course there is an economic 772 00:42:56.000 --> 00:43:00.000 benefit. That can help either with developer over the property owner. 773 00:43:00.000 --> 00:43:03.000 You know by using conservation easements. 774 00:43:03.000 --> 00:43:05.000 >> So as conservation easements are incorporated 775 00:43:05.000 --> 00:43:09.000 as part of an overall remedial strategy, you can save time on the cleanup. 776 00:43:09.000 --> 00:43:17.000 They can provide additional ecological recreation benefits. Minimize the 777 00:43:17.000 --> 00:43:20.000 impacts on EJ communities and again just some of the liability concerns 778 00:43:20.000 --> 00:43:24.000 because I know that there a lot of times sites are cleaned up and 779 00:43:24.000 --> 00:43:28.000 companies may wish they would, it would be great 780 00:43:28.000 --> 00:43:31.000 if they could allow public access for example, but we don't want to 781 00:43:31.000 --> 00:43:33.000 take the liability of something happening to somebody the public. 782 00:43:33.000 --> 00:43:37.934 Whether plan trust can play that role because that what they do. 783 00:43:37.934 --> 00:43:42.934 So you can work with the land trust to have them take 784 00:43:42.934 --> 00:43:47.934 over that part and now provide the public access and reduce or eliminate 785 00:43:47.934 --> 00:43:54.000 the liability of the company. 786 00:43:54.000 --> 00:43:56.000 >> So in order to evaluate how this was used, we pull the redevelopment 787 00:43:56.000 --> 00:43:58.000 experts, our colleagues across the country, and there are numerous 788 00:43:58.000 --> 00:44:01.000 examples for these have played a critical role in different ways, 789 00:44:01.000 --> 00:44:06.000 different land trust in different sites and 790 00:44:06.000 --> 00:44:08.000 so hopefully in the future we will be able to get more information 791 00:44:08.000 --> 00:44:11.000 out there on those examples. 792 00:44:11.000 --> 00:44:16.000 >> But again, allowing the economic benefit 793 00:44:16.000 --> 00:44:20.000 to certainly it certainly something we can't forget about because a 794 00:44:20.000 --> 00:44:25.000 lot of times the difference in this redevelopment projects can be small 795 00:44:25.000 --> 00:44:30.000 but anything that can some extra economic benefit certainly can make 796 00:44:30.000 --> 00:44:33.000 them happen. 797 00:44:33.000 --> 00:44:38.000 >> EPA is committed to further facilitating public-private 798 00:44:38.000 --> 00:44:42.000 partnerships like this to encourage we develop meant of both Brownfields 799 00:44:42.000 --> 00:44:44.000 and Superfund sites, and by working with the organizations like TPL 800 00:44:44.000 --> 00:44:46.000 and the land trust alliance. 801 00:44:46.000 --> 00:44:52.067 >> So you know couple of things to really think about. You 802 00:44:52.067 --> 00:45:01.067 know as I said, and I'm sure everybody knows, no two projects on the 803 00:45:01.067 --> 00:45:03.067 same, so it's purported to be good problem 804 00:45:03.067 --> 00:45:06.067 solver. Think outside the box. Talk to different people. Work with partners, 805 00:45:06.067 --> 00:45:09.067 find a land trust that you can work with. That can help you with with 806 00:45:09.067 --> 00:45:10.067 the role they can play in this. 807 00:45:10.067 --> 00:45:14.067 And something that I think we all inherently know in this business 808 00:45:14.067 --> 00:45:18.067 is never underestimate the value of great story. The 809 00:45:18.067 --> 00:45:22.067 woodwinds or the one when winds are fantastic. The 810 00:45:22.067 --> 00:45:27.067 environment wins, the community wins, the developer wins. Those 811 00:45:27.067 --> 00:45:31.067 are always great stories and it's something 812 00:45:31.067 --> 00:45:36.067 that can really help gain momentum on a project, and help get the cleanup 813 00:45:36.067 --> 00:45:40.000 done. Which is what we are all, all 814 00:45:40.000 --> 00:45:44.000 ultimately at least from where I said, we're trying to get properties 815 00:45:44.000 --> 00:45:47.000 cleaned up the back into productive use. 816 00:45:47.000 --> 00:45:51.067 >> So that I will turn it over to Kat for the liability protection. 817 00:45:51.067 --> 00:45:56.067 >> Thank you. So number three as I mentioned, conservation easements 818 00:45:56.067 --> 00:46:00.067 have been working with land [ Indiscernible ] with the government as a partner, 819 00:46:00.067 --> 00:46:06.067 can be a great solution for owners of sites who are a 820 00:46:06.067 --> 00:46:09.067 little bit nervous about the liability. 821 00:46:09.067 --> 00:46:14.067 And liability protection is capable for easement holders, and as Bill 822 00:46:14.067 --> 00:46:18.067 mentioned, he decided unique. So even holders need 823 00:46:18.067 --> 00:46:24.067 to be diligent in customizing their liability protections to appropriately 824 00:46:24.067 --> 00:46:28.067 manage risk, but it is completely doable and remains a 825 00:46:28.067 --> 00:46:31.067 great great solution. 826 00:46:31.067 --> 00:46:36.067 >> Over to Alex. 827 00:46:36.067 --> 00:46:41.000 >> Hello there, thank you Kat. You know I really appreciate 828 00:46:41.000 --> 00:46:47.000 this opportunity to kind of go through some of the tools and support services 829 00:46:47.000 --> 00:46:51.067 for conservation easements. I think I advance the slide want to make 830 00:46:51.067 --> 00:46:55.067 times there. But I want to just address a couple things. 831 00:46:55.067 --> 00:46:59.067 Conservation easements are just one tool that you can use, and 832 00:46:59.067 --> 00:47:05.067 again conservation easements can be written in 833 00:47:05.067 --> 00:47:08.067 various ways and have conservation easements or an agricultural conservation 834 00:47:08.067 --> 00:47:10.067 easement. You can also have things called restrictive use easements, 835 00:47:10.067 --> 00:47:16.067 which are there to protect only certain uses of the property. 836 00:47:16.067 --> 00:47:18.067 >> But you can also buy land and [ Indiscernible ] I 837 00:47:18.067 --> 00:47:22.067 know there's a couple questions coming in the checkbox there, but 838 00:47:22.067 --> 00:47:26.067 when you buy a property in fee, you 839 00:47:26.067 --> 00:47:30.067 are buying all the sticks in the bundle. So a lot of times in 840 00:47:30.067 --> 00:47:34.067 Southern California, especially when you are not dealing with conservation 841 00:47:34.067 --> 00:47:39.000 easements particularly, you're also buying 842 00:47:39.000 --> 00:47:43.000 [ Indiscernible ] to the properties and yes we are in the chain of title 843 00:47:43.000 --> 00:47:46.000 and by the properties to protect them in perpetuity. And with that 844 00:47:46.000 --> 00:47:51.067 we also do conservation easements elsewhere in the country. 845 00:47:51.067 --> 00:47:55.067 >> So with that, do we want to go into tools of 846 00:47:55.067 --> 00:47:59.067 important resources? Bill, do you want to take that up? 847 00:47:59.067 --> 00:48:04.067 >> Sure, thanks Alex. We're 848 00:48:04.067 --> 00:48:06.067 talking a little bit about the tools and resources that we haven't kind 849 00:48:06.067 --> 00:48:09.067 of wrapping up this portion of the webinar, I just want to encourage 850 00:48:09.067 --> 00:48:12.067 you all to hang in there with us because I think we're going to have 851 00:48:12.067 --> 00:48:16.067 a roundtable discussion, and ask for some, we will 852 00:48:16.067 --> 00:48:20.067 have some feedback questions that people can vote on the end. So please 853 00:48:20.067 --> 00:48:23.067 don't and too soon because I think the rest of the webinar will be 854 00:48:23.067 --> 00:48:25.067 interesting to you as well. 855 00:48:25.067 --> 00:48:30.067 >> I did want to take this opportunity to thank everyone for these 856 00:48:30.067 --> 00:48:34.067 presentations. Again Kat, thank you for always being willing to 857 00:48:34.067 --> 00:48:37.000 work with us on these projects. Kat and I worked together 858 00:48:37.000 --> 00:48:42.000 for years and she is just a fantastic innovative fun person to work with 859 00:48:42.000 --> 00:48:45.000 and comes up with great ideas. I appreciate you sharing your background, 860 00:48:45.000 --> 00:48:51.067 your expertise on this and Alex and follow with TPL, 861 00:48:51.067 --> 00:48:56.067 this is, these are real-world examples. These are things 862 00:48:56.067 --> 00:49:00.067 you guys have worked on and made happen and we certainly 863 00:49:00.067 --> 00:49:02.067 appreciate the work that you do and sharing that with us today. 864 00:49:02.067 --> 00:49:11.067 >> Showcasing successful case studies is important, 865 00:49:11.067 --> 00:49:13.067 an important part of Superfund redevelopments mission. 866 00:49:13.067 --> 00:49:15.067 And along with providing examples, we found that sharing guidance and 867 00:49:15.067 --> 00:49:17.067 tools and lessons learned and resources is an impactful way to promote safe 868 00:49:17.067 --> 00:49:21.067 and beneficial reuse. So thanks everyone. 869 00:49:21.067 --> 00:49:24.067 >> Would like to wrap up our time today as this part of the presentation 870 00:49:24.067 --> 00:49:26.067 with some resources that we can direct you to and then we'll use 871 00:49:26.067 --> 00:49:31.067 the raining time for question-and-answer and some 872 00:49:31.067 --> 00:49:32.067 roundtable discussion. 873 00:49:32.067 --> 00:49:35.067 >> So those of you who have participated in some of the webinars that we 874 00:49:35.067 --> 00:49:36.067 have had a problem recognizing this. 875 00:49:36.067 --> 00:49:41.000 But the prospective purchaser in Crete tools is one that we are very 876 00:49:41.000 --> 00:49:44.000 proud of. Kat and I worked on way back when we were both starting 877 00:49:44.000 --> 00:49:48.000 in this. This is basically a way to for us to provide information 878 00:49:48.000 --> 00:49:51.067 for a prospective purchaser in developing 879 00:49:51.067 --> 00:49:57.067 a property so we help them on their specific example to discuss with 880 00:49:57.067 --> 00:50:00.067 the options are and how we can provide some information regarding liability 881 00:50:00.067 --> 00:50:07.067 and what next steps may be and help them to the process. And 882 00:50:07.067 --> 00:50:10.067 one of our probably easiest documents read is the top 10 questions asked 883 00:50:10.067 --> 00:50:14.067 when buying a Superfund site when we worked with the office of environment, 884 00:50:14.067 --> 00:50:18.067 with the enforcement office, with the attorneys to the issue between 885 00:50:18.067 --> 00:50:22.067 the the co-issue in a forest inside 886 00:50:22.067 --> 00:50:24.067 of EPA. They really talked about liability and these things you should 887 00:50:24.067 --> 00:50:27.067 be asking, things you should know. 888 00:50:27.067 --> 00:50:34.067 So it's a great way to get an intro for coming in and getting 889 00:50:34.067 --> 00:50:35.067 a Superfund site. And even a brown. 890 00:50:35.067 --> 00:50:37.000 If you're worried about Superfund liability, this is a really good, 891 00:50:37.000 --> 00:50:40.000 some really good information. 892 00:50:40.000 --> 00:50:44.000 >> And there's a lot of good information on the Superfund 893 00:50:44.000 --> 00:50:49.000 website. EPA has ability or two issue are called comfort status 894 00:50:49.000 --> 00:50:53.067 letters. I prefer to call them status letters because it's really a status 895 00:50:53.067 --> 00:50:57.067 of where we are at for the 896 00:50:57.067 --> 00:50:58.067 site and where we think we're going. 897 00:50:58.067 --> 00:51:01.067 >> There is ready for reuse determinations we could do, there's a lot of guidance 898 00:51:01.067 --> 00:51:04.067 and policies out there and with common elements guidance was just 899 00:51:04.067 --> 00:51:10.067 recently updated and presented at the Brownfield conference, so 900 00:51:10.067 --> 00:51:13.067 that hadn't been updated in many years and just since after 901 00:51:13.067 --> 00:51:17.067 the 2000 and amendments. So that would be great resource for kind 902 00:51:17.067 --> 00:51:21.067 of digging into this and getting some additional information along 903 00:51:21.067 --> 00:51:23.067 with the 2018 revitalization handbook. 904 00:51:23.067 --> 00:51:29.067 Some of these are referenced in some of the first tools that 905 00:51:29.067 --> 00:51:32.067 I mentioned in first documents are kind of short it easier 906 00:51:32.067 --> 00:51:36.067 to read, but as you dig into it, getting into the double guidance 907 00:51:36.067 --> 00:51:44.000 and this is a great summary of all the issues that we work with. 908 00:51:44.000 --> 00:51:48.000 >> The Superfund taskbook 909 00:51:48.000 --> 00:51:52.067 which actually a link to just a minute was recently issued. One 910 00:51:52.067 --> 00:51:58.067 of the goals of Superfund task force was specifically 911 00:51:58.067 --> 00:52:04.067 about redevelopment and one of those was support 912 00:52:04.067 --> 00:52:07.067 Center EPA. 913 00:52:07.067 --> 00:52:10.067 There are specific purchasers the work that 914 00:52:10.067 --> 00:52:15.067 you are willing to say to the soul mediation we can enter into a specific 915 00:52:15.067 --> 00:52:20.067 agreement with you and as were doing 916 00:52:20.067 --> 00:52:24.067 that are specific liability protections, there's also perspective 917 00:52:24.067 --> 00:52:29.067 purchase agreements which are as a document that the 918 00:52:29.067 --> 00:52:35.067 PA entered into with the development a landowner 919 00:52:35.067 --> 00:52:40.000 as they had [ Indiscernible ] with 920 00:52:40.000 --> 00:52:41.000 the property. 921 00:52:41.000 --> 00:52:45.000 >> We think it's beneficial to publish information about success stories 922 00:52:45.000 --> 00:52:49.000 a case study so you can see were not the first person to ever do 923 00:52:49.000 --> 00:52:53.000 that in the market to do this and maybe it's been done before. And 924 00:52:53.000 --> 00:52:57.000 I think probably the most valuable thing is the last bullet 925 00:52:57.000 --> 00:52:59.000 which is to contact your regional Superfund redevelopment initiative 926 00:52:59.000 --> 00:53:03.000 coordinator's and we will have a list of them up in just a minute. 927 00:53:03.000 --> 00:53:08.000 >> They are some of the most innovative and interesting people that are 928 00:53:08.000 --> 00:53:14.000 able to problem solve and help you through this and help you make 929 00:53:14.000 --> 00:53:23.000 a with the EPA person that you are working with. 930 00:53:23.000 --> 00:53:25.000 Sometimes and they know a lot of the information that's in these 931 00:53:25.000 --> 00:53:28.000 documents and can help you directly to the Judy so that is the most 932 00:53:28.000 --> 00:53:29.000 valuable resource. 933 00:53:29.000 --> 00:53:33.000 >> So as I mentioned before, this is a link to the Superfund task 934 00:53:33.000 --> 00:53:35.901 force report. Provides a lot of information on what the task force 935 00:53:35.901 --> 00:53:37.501 is about. And some of the results. 936 00:53:37.501 --> 00:53:40.934 Of it. 937 00:53:40.934 --> 00:53:45.934 >> And then here's a list of the Superfund redevelopment coordinators 938 00:53:45.934 --> 00:53:48.934 in your region. 939 00:53:48.934 --> 00:53:53.000 And so people that 940 00:53:53.000 --> 00:53:56.000 you are interested in redeveloping a Superfund site, there's at least 941 00:53:56.000 --> 00:54:01.000 one for every region. And they are very helpful and just some 942 00:54:01.000 --> 00:54:04.000 great information. 943 00:54:04.000 --> 00:54:08.000 >> Just some more information also you can contact 944 00:54:08.000 --> 00:54:11.000 Frank office Otto Lucy national Superfund redevelopment initiative 945 00:54:11.000 --> 00:54:14.000 project manager and here's ranks information up there. And so he 946 00:54:14.000 --> 00:54:18.000 could be here today but certainly you can 947 00:54:18.000 --> 00:54:23.000 contact him for more information and can direct you to where you 948 00:54:23.000 --> 00:54:26.000 need to go get more help. 949 00:54:26.000 --> 00:54:28.000 >> Frank Avvisato. 950 00:54:28.000 --> 00:54:34.000 >> And now we will switch the survey screen and I will facilitate asking 951 00:54:34.000 --> 00:54:38.000 these questions and directing them to people for answers. So while 952 00:54:38.000 --> 00:54:43.000 we're doing that, if you could vote on this, that would really help 953 00:54:43.000 --> 00:54:46.000 us provide some feedback of getting 954 00:54:46.000 --> 00:54:48.000 this 955 00:54:48.000 --> 00:54:53.067 >> -- Getting this feedback to help us get 956 00:54:53.067 --> 00:54:54.067 some issues focus on. 957 00:54:54.067 --> 00:54:58.067 >> Thank you for questions and joining us as well as get to some the questions 958 00:54:58.067 --> 00:55:01.067 that came in. 959 00:55:01.067 --> 00:55:07.067 >> So our first question is what type of 960 00:55:07.067 --> 00:55:11.067 remediation, what types of remediation do landslides take 961 00:55:11.067 --> 00:55:18.067 on and I think there is a follow-up. Also when a land trust, 962 00:55:18.067 --> 00:55:23.067 so let's start with that one. What types of remediation do land trust 963 00:55:23.067 --> 00:55:27.067 typically take on? So Alex or Apollo, to one of you -- 964 00:55:27.067 --> 00:55:32.067 >> Sure, this is Alex. I can take that one. Speaking for the trust 965 00:55:32.067 --> 00:55:35.067 for Public land, we have taken on all types of remediation 966 00:55:35.067 --> 00:55:41.000 issues and properties. Basically anything under the sun we have dealt 967 00:55:41.000 --> 00:55:44.000 with before. And in Southern California 968 00:55:44.000 --> 00:55:52.067 of course you're dealing with a lot of petroleum cleanup which isn't 969 00:55:52.067 --> 00:55:55.067 that nasty. 970 00:55:55.067 --> 00:55:57.067 We have seen a lot of arsenate issues especially when 971 00:55:57.067 --> 00:55:59.067 some of the railroads and corridors that we purchase patrols projects. 972 00:55:59.067 --> 00:56:01.067 We certainly cleaned up Brownfield. 973 00:56:01.067 --> 00:56:07.067 Not sure if we ever touch Superfund sites before. I'm sure we have. 974 00:56:07.067 --> 00:56:11.067 Maybe it's a minority state's, maybe New Jersey. 975 00:56:11.067 --> 00:56:15.067 But for us, and I should distinguish of course the 976 00:56:15.067 --> 00:56:19.067 national land conservation organization, we have any 977 00:56:19.067 --> 00:56:26.067 more resources than the typical land trust. It really depends on 978 00:56:26.067 --> 00:56:30.067 how big and how the Glenn sources but speaking for the public trust 979 00:56:30.067 --> 00:56:34.067 you have taken on all types of 980 00:56:34.067 --> 00:56:40.000 remediation issues. I would kinda see it 981 00:56:40.000 --> 00:56:46.000 all. So that the risk is all that much. Never do a 982 00:56:46.000 --> 00:56:51.067 thorough job if the note were doing before we step in. So 983 00:56:51.067 --> 00:56:54.067 that helps and follow if you liked anything 984 00:56:54.067 --> 00:56:55.067 else to that? 985 00:56:55.067 --> 00:57:02.067 >> I think it's just important to note that it's not our employees 986 00:57:02.067 --> 00:57:06.067 that are conducted the remediation but the intermediary 987 00:57:06.067 --> 00:57:11.067 might be working with a landowner to make sure 988 00:57:11.067 --> 00:57:17.067 that contractors and professionals are handling remediation in a manner 989 00:57:17.067 --> 00:57:23.067 that's going to achieve required outcomes from required 990 00:57:23.067 --> 00:57:28.067 agencies. And sometimes you farm it out. But it's something 991 00:57:28.067 --> 00:57:34.067 that OPA's are a good resource for and working with 992 00:57:34.067 --> 00:57:38.000 trust professionals and snow removal and testing and all 993 00:57:38.000 --> 00:57:40.000 that kind of stuff. 994 00:57:40.000 --> 00:57:44.000 >> And as Alex says they work pretty good taking on the tricky ones, 995 00:57:44.000 --> 00:57:50.000 but we know when to bring in 996 00:57:50.000 --> 00:57:52.067 the results. 997 00:57:52.067 --> 00:57:55.067 >> And so great, this is a follow-up question. Also a land trust is involved, 998 00:57:55.067 --> 00:57:58.067 it are you involved as a trusting only or do you ever take time 999 00:57:58.067 --> 00:58:01.067 [ Indiscernible - low volume ]. 1000 00:58:01.067 --> 00:58:05.067 >> This is Alex again. I really depends on a case-by-case 1001 00:58:05.067 --> 00:58:09.067 basis. If we are only buying conservation 1002 00:58:09.067 --> 00:58:13.067 easements, we just buy a couple of the sticks, if you will from 1003 00:58:13.067 --> 00:58:18.067 the bundle, and that means we have a deed that says we can force those 1004 00:58:18.067 --> 00:58:23.067 restrictions on the property. But in other cases where buying here's 1005 00:58:23.067 --> 00:58:29.067 the property, that means we are by the entire bundle sticks. We 1006 00:58:29.067 --> 00:58:34.067 are fine, yeah the title, we do on all property rights. Really depends 1007 00:58:34.067 --> 00:58:39.000 on the property are case-by-case basis. A lot of 1008 00:58:39.000 --> 00:58:44.000 times we use in Southern California we have three 1009 00:58:44.000 --> 00:58:50.000 title acquisitions. So we don't get the key trust 1010 00:58:50.000 --> 00:58:55.067 issues but for talk about conservation easement, you basically 1011 00:58:55.067 --> 00:58:59.067 land trust in what you're doing with that 1012 00:58:59.067 --> 00:59:05.067 conservation easement is monetary but you do hold that to the conservation 1013 00:59:05.067 --> 00:59:08.067 easement. It is a property right. 1014 00:59:08.067 --> 00:59:12.067 No flea that helps answer the question. 1015 00:59:12.067 --> 00:59:15.067 >> All right great. 1016 00:59:15.067 --> 00:59:19.067 >> Okay great so this is a question specific to the 1017 00:59:19.067 --> 00:59:23.067 cornfields project. Does the restriction on the cornfields project work run 1018 00:59:23.067 --> 00:59:28.067 with the land in perpetuity or suboptimal, possible 1019 00:59:28.067 --> 00:59:32.067 property to be sold in the future that restrictions 1020 00:59:32.067 --> 00:59:33.067 >> I'll take this one, this is Paulo. 1021 00:59:33.067 --> 00:59:38.000 So that you district does go with the land and the full title report 1022 00:59:38.000 --> 00:59:41.000 of the property for the deed restriction as clearly as you 1023 00:59:41.000 --> 00:59:44.000 would see a conservation easement. 1024 00:59:44.000 --> 00:59:49.000 Again it is the same Civil Code here in 1025 00:59:49.000 --> 00:59:52.067 California and how it's represented legally in other parts of the country. 1026 00:59:52.067 --> 00:59:57.067 Those deed restrictions would show up, the major difference is the 1027 00:59:57.067 --> 01:00:03.067 deed restriction is simply on title to the property and is not held 1028 01:00:03.067 --> 01:00:04.067 by third-party interest. 1029 01:00:04.067 --> 01:00:08.067 So land trust can own property in the deed restricted proven space 1030 01:00:08.067 --> 01:00:15.067 uses, whereas another owner, say one of the actual original owners 1031 01:00:15.067 --> 01:00:19.067 of the site with the cross-contamination, 1032 01:00:19.067 --> 01:00:21.067 good title while land trust in the conservation usage or restricted 1033 01:00:21.067 --> 01:00:24.067 property. So again the difference between the deed restriction a conservation 1034 01:00:24.067 --> 01:00:28.067 uses of the conservation used will help us third-party land trust where 1035 01:00:28.067 --> 01:00:34.067 is the deed restriction is simply on title restricting that use, 1036 01:00:34.067 --> 01:00:37.000 and would be on a fee title property that a land 1037 01:00:37.000 --> 01:00:41.000 trust or another conservation [ Indiscernible - low volume ] entities 1038 01:00:41.000 --> 01:00:46.000 such as the state parks 1039 01:00:46.000 --> 01:00:49.000 [ Indiscernible - low volume ] [ Audio fading in and out ]. 1040 01:00:49.000 --> 01:00:50.000 >> And Paulo, this is Kat, can I add to that? 1041 01:00:50.000 --> 01:00:52.067 >> Sure, go ahead. 1042 01:00:52.067 --> 01:00:57.067 >> So this is a really good and I think interesting question. And 1043 01:00:57.067 --> 01:01:00.067 one, the difference between deed restriction 1044 01:01:00.067 --> 01:01:06.067 and conservation expenses the deed restriction 10 potentially 1045 01:01:06.067 --> 01:01:11.067 could be the brave. So for example there's a Superfund site 1046 01:01:11.067 --> 01:01:16.067 and the DA says no touching the ground water until it's 1047 01:01:16.067 --> 01:01:20.067 been remediated or it could be a deeper section of 1048 01:01:20.067 --> 01:01:23.067 the property. Until the groundwater is remediated and cleaned up and 1049 01:01:23.067 --> 01:01:28.067 then the restrictions could potentially be removed to help the environment, 1050 01:01:28.067 --> 01:01:32.067 once [ Indiscernible ] is gone. With the conservation easement 1051 01:01:32.067 --> 01:01:37.000 it's more likely that it's in perpetuity especially we try to 1052 01:01:37.000 --> 01:01:41.000 get those federal charitable income tax reductions. So to answer the 1053 01:01:41.000 --> 01:01:47.000 question is is it possible depending on the site 1054 01:01:47.000 --> 01:01:51.067 situation and deed restriction could be removed in 1055 01:01:51.067 --> 01:01:54.067 the future. 1056 01:01:54.067 --> 01:01:58.067 >> And this is Alex. And I just want to clarify 1057 01:01:58.067 --> 01:02:03.067 for our work, were using state funding to acquire a property. Typically 1058 01:02:03.067 --> 01:02:10.067 those deed restrictions will be in use 1059 01:02:10.067 --> 01:02:11.200 the perpetuity. So the big 1060 01:02:11.200 --> 01:02:13.067 difference between a conservation easement 1061 01:02:13.067 --> 01:02:17.067 in the restriction in case you out there have 1062 01:02:17.067 --> 01:02:21.067 questions, the conservation easement is a property right there third-party 1063 01:02:21.067 --> 01:02:26.067 can hold and own. A deed restriction runs with the land and can be enforced 1064 01:02:26.067 --> 01:02:32.067 by either party, but that third-party doesn't on the right to the 1065 01:02:32.067 --> 01:02:34.067 property. And this is at the properties restricted under that 1066 01:02:34.067 --> 01:02:40.000 deed. So you do have enforcement rights, like you don't 1067 01:02:40.000 --> 01:02:44.000 actually hold the deepest actions, they just run with the land. Conservation 1068 01:02:44.000 --> 01:02:47.000 easement again is real property right there third-party can hold. 1069 01:02:47.000 --> 01:02:51.000 And again most of the time with the trust for Public land, we're 1070 01:02:51.000 --> 01:02:56.000 going out for grant funding for a public agency or even a private 1071 01:02:56.000 --> 01:03:00.000 entity foundation. There are strings attached to that money and those 1072 01:03:00.000 --> 01:03:04.000 deed restrictions or conservation easements are going to run with 1073 01:03:04.000 --> 01:03:12.000 the land in perpetuity. I can see how as the aforementioned might 1074 01:03:12.000 --> 01:03:16.000 have restrictions you may have certain type of those resections 1075 01:03:16.000 --> 01:03:22.000 go away. As a conservation and the researchers 1076 01:03:22.000 --> 01:03:27.000 that were doing with it the land is going 1077 01:03:27.000 --> 01:03:33.000 out or any tax benefits and would 1078 01:03:33.000 --> 01:03:43.934 be under the IRS with guidance [ Indiscernible ] all 1079 01:03:43.934 --> 01:03:49.934 right so we have other questions there. What about 1080 01:03:49.934 --> 01:03:56.000 ongoing maintenance cost for this. 1081 01:03:56.000 --> 01:03:59.000 >> You can chime in as well everyone. But during the presentation 1082 01:03:59.000 --> 01:04:02.000 we're doing with stewardship endowments. 1083 01:04:02.000 --> 01:04:06.000 Land trust our course not a profit organization. They use 1084 01:04:06.000 --> 01:04:12.000 donors, charitable contributions to help monitor 1085 01:04:12.000 --> 01:04:16.000 these easements that they own. A lot of times if a landowner is donating 1086 01:04:16.000 --> 01:04:21.000 a conservation easement or even selling it, even for a 1087 01:04:21.000 --> 01:04:26.000 bargain sale or a full appraised value, the land trust will ask that 1088 01:04:26.000 --> 01:04:31.000 in order for a separate cash contribution which will go 1089 01:04:31.000 --> 01:04:34.000 into the store chip endowment and in that endowment of you're talking 1090 01:04:34.000 --> 01:04:38.000 about larger land trust they may have millions 1091 01:04:38.000 --> 01:04:42.000 of dollars which they carefully touch but they can touch the interest 1092 01:04:42.000 --> 01:04:48.000 that paid off of that in endowment, and that is used 1093 01:04:48.000 --> 01:04:51.067 to monitor and manage those easements. 1094 01:04:51.067 --> 01:04:57.067 >> So that's typically how it works and a lot of times this 1095 01:04:57.067 --> 01:05:01.067 land trust will ask outside parties, 1096 01:05:01.067 --> 01:05:03.067 maybe some other donors or their daughter community to contribute 1097 01:05:03.067 --> 01:05:05.067 toward their store chip endowment. 1098 01:05:05.067 --> 01:05:09.067 But typically they are using the endowments for management and monitoring 1099 01:05:09.067 --> 01:05:12.067 purposes only. And if they are wanting to 1100 01:05:12.067 --> 01:05:16.067 restore the property they are typically going to go after other grants or 1101 01:05:16.067 --> 01:05:20.067 ask donors from the front for the funding because store chip endowment 1102 01:05:20.067 --> 01:05:24.067 simply does not pull off enough funding annually to do that type 1103 01:05:24.067 --> 01:05:29.067 of work. Or that funding is restricted actually to monitoring 1104 01:05:29.067 --> 01:05:32.067 and managing easements. 1105 01:05:32.067 --> 01:05:36.067 >>'s Apollo, I don't if you want to add anything to the question. 1106 01:05:36.067 --> 01:05:40.000 >> And I think Alex he pointed out earlier the presentation where there's 1107 01:05:40.000 --> 01:05:45.000 a widely variable tool that are around different tools. 1108 01:05:45.000 --> 01:05:49.000 So most basic and preventing development, that may 1109 01:05:49.000 --> 01:05:55.067 only take a drive-through or even a flyover of something more 1110 01:05:55.067 --> 01:06:01.067 remote areas. If you are talking about the number 1111 01:06:01.067 --> 01:06:03.067 of people that visited the property or more 1112 01:06:03.067 --> 01:06:06.067 restrictive conservation easements that are more specific in terms 1113 01:06:06.067 --> 01:06:12.067 of these the property, that may take a body on the ground for ongoing 1114 01:06:12.067 --> 01:06:16.067 monitoring and management. So again you could be a couple thousand 1115 01:06:16.067 --> 01:06:21.067 bucks a year or even just going to the property, reviewing 1116 01:06:21.067 --> 01:06:25.067 the status and restrictions that are in 1117 01:06:25.067 --> 01:06:28.067 place. Make sure there's violations in writing up a report, you don't 1118 01:06:28.067 --> 01:06:31.067 get an attorney to sign off on that. 1119 01:06:31.067 --> 01:06:36.067 Versus much more restrictive easements that actually sort of identify the 1120 01:06:36.067 --> 01:06:42.000 management regime and the use of the property. That 1121 01:06:42.000 --> 01:06:46.000 made take more place. So Alex is right, endowments 1122 01:06:46.000 --> 01:06:50.000 our new tool to invest money that has and needed for the management 1123 01:06:50.000 --> 01:06:58.067 but that's all variable situation. But 1124 01:06:58.067 --> 01:07:00.067 I think mostly, I will not put numbers on it, but mostly you are talking 1125 01:07:00.067 --> 01:07:05.067 about monitoring properties to make sure it has been developed. So a 1126 01:07:05.067 --> 01:07:11.067 fairly low cost. 1127 01:07:11.067 --> 01:07:12.067 >> Okay. 1128 01:07:12.067 --> 01:07:17.067 So here's a question. If I'm planning to redevelop the site, how can I 1129 01:07:17.067 --> 01:07:21.067 find a land trust partner, a land trust to partner with? 1130 01:07:21.067 --> 01:07:26.067 >> Great question. This is Alex again. The best way to find the 1131 01:07:26.067 --> 01:07:31.067 land trust is to go to the land trust alliance website. I think 1132 01:07:31.067 --> 01:07:35.067 it's LTA.work. And if you, they actually have a site 1133 01:07:35.067 --> 01:07:41.000 on the website that will show you all the accredited land 1134 01:07:41.000 --> 01:07:44.000 trust in the country. I used it the other day. I was looking 1135 01:07:44.000 --> 01:07:49.000 for land trust in the Imperial Valley of California. And 1136 01:07:49.000 --> 01:07:52.067 doesn't mean, they have an office there but it will show you as a 1137 01:07:52.067 --> 01:07:57.067 land trust she works in that area or is not region and probably that's 1138 01:07:57.067 --> 01:08:03.067 your best that. To find the local interest. 1139 01:08:03.067 --> 01:08:08.067 >> And again it's land trust alliance LTA.org. 1140 01:08:08.067 --> 01:08:11.067 >> This is a follow up on Alex's comment. And you're probably going 1141 01:08:11.067 --> 01:08:15.067 to want to find a land trust that is accredited by ETA or 1142 01:08:15.067 --> 01:08:24.067 LTA because that means it gone through the requirements of 1143 01:08:24.067 --> 01:08:27.067 international organization around taxes, and remediation. 1144 01:08:27.067 --> 01:08:31.067 So they could be other land trust out there. 1145 01:08:31.067 --> 01:08:34.067 >> And LTA.org. 1146 01:08:34.067 --> 01:08:38.000 >> And is the folks have gone through the process. 1147 01:08:38.000 --> 01:08:39.000 >> Okay, great. 1148 01:08:39.000 --> 01:08:44.000 >> All right Alex, I will give you guys a rake for 1149 01:08:44.000 --> 01:08:47.000 second. Cat Kat, this is for you. 1150 01:08:47.000 --> 01:08:52.067 Are there advantages to 1151 01:08:52.067 --> 01:08:54.067 buying a Superfund site or what are the manages to buy a Superfund 1152 01:08:54.067 --> 01:08:55.067 site? 1153 01:08:55.067 --> 01:08:58.067 >> I love this question. An answer, oh my gosh. So there are so many 1154 01:08:58.067 --> 01:09:03.067 [ Indiscernible ] to buying a Superfund site are property in a Superfund 1155 01:09:03.067 --> 01:09:07.067 site. And I start with location location location. So many Superfund 1156 01:09:07.067 --> 01:09:13.067 sites are located in really good areas for either 1157 01:09:13.067 --> 01:09:17.067 commercial redevelopment and community benefit, and they are 1158 01:09:17.067 --> 01:09:20.067 located close to urban centers. 1159 01:09:20.067 --> 01:09:24.067 Or they are located in the infrastructure such 1160 01:09:24.067 --> 01:09:30.067 as rivers and lakes. So the location is 1161 01:09:30.067 --> 01:09:35.067 usually fabulous. Also as you can imagine, they usually have 1162 01:09:35.067 --> 01:09:37.000 pretty thorough environmental characterization. 1163 01:09:37.000 --> 01:09:44.000 So you you really know what you're getting into when you are interested 1164 01:09:44.000 --> 01:09:46.000 in redeveloping a Superfund site. 1165 01:09:46.000 --> 01:09:50.000 Probably and correct me if I'm wrong, but working with EPA for so many 1166 01:09:50.000 --> 01:09:54.067 years, there's usually one of the most thoroughly characterized sites 1167 01:09:54.067 --> 01:09:57.067 around. 1168 01:09:57.067 --> 01:10:01.067 >> And with the federal protection STP 1169 01:10:01.067 --> 01:10:06.067 protections, purchaser agreement, they are just really awesome liability 1170 01:10:06.067 --> 01:10:12.067 protections for purchasers and [ Indiscernible - low volume ] of purchasers. 1171 01:10:12.067 --> 01:10:16.067 >> EPA also has and fill you pointed out, 1172 01:10:16.067 --> 01:10:21.067 Bill you pointed out, oodles and oodles resources and prospective 1173 01:10:21.067 --> 01:10:28.067 purchasers, and one thing I also like to point out is the research 1174 01:10:28.067 --> 01:10:33.067 purchasers for Superfund sites, they really are required to clean 1175 01:10:33.067 --> 01:10:39.000 up. Although some do, they can up the portion 1176 01:10:39.000 --> 01:10:44.000 of the site, and they are not really required 1177 01:10:44.000 --> 01:10:50.000 [ Indiscernible ] for cleanup. Either multiple parties are EPA will 1178 01:10:50.000 --> 01:10:55.067 conduct cleanup and both sides under the 1179 01:10:55.067 --> 01:10:58.067 website jurisdiction. 1180 01:10:58.067 --> 01:11:03.067 >> And the last thing I love to say is the Superfund site is there 1181 01:11:03.067 --> 01:11:07.067 is a great study that came up, 1182 01:11:07.067 --> 01:11:11.067 came out of George Washington University several years ago, and it basically 1183 01:11:11.067 --> 01:11:16.067 found that for every acre of contaminated property 1184 01:11:16.067 --> 01:11:22.067 to redevelop approximately 4.5 acres of green fields are 1185 01:11:22.067 --> 01:11:27.067 preserved, and I love that statement and I talk 1186 01:11:27.067 --> 01:11:33.067 about it a lot. So in summary the advantages of running property 1187 01:11:33.067 --> 01:11:36.067 within the Superfund site or the Superfund 1188 01:11:36.067 --> 01:11:41.000 site itself. 1189 01:11:41.000 --> 01:11:45.000 >> So this is really a comment, question. This is from Casey Luckett, 1190 01:11:45.000 --> 01:11:48.000 she's one of EPA's redevelopment coordinator's 1191 01:11:48.000 --> 01:11:52.067 in region six there of Dallas, and she said it's the Superfund site 1192 01:11:52.067 --> 01:11:56.067 Oklahoma, they have successfully worked with the 1193 01:11:56.067 --> 01:11:59.067 Department of Interior, Department of Indian affairs and one of the 1194 01:11:59.067 --> 01:12:02.067 tribes to create a conservation easement for travel properties which 1195 01:12:02.067 --> 01:12:05.067 have been repeated by the EPA. 1196 01:12:05.067 --> 01:12:07.067 >> Achieving the land use controls instrumental in 1197 01:12:07.067 --> 01:12:13.067 the long-term protection of the cleanup and allows property for 1198 01:12:13.067 --> 01:12:19.067 cleanup in the property for agriculture and you district 1199 01:12:19.067 --> 01:12:23.067 land use and we have this all across the country. If you. So thank you 1200 01:12:23.067 --> 01:12:31.067 for sending that in and we can highlight another one. 1201 01:12:31.067 --> 01:12:36.067 >> And we have a question, do we have a case study or example 1202 01:12:36.067 --> 01:12:42.000 about federal charitable text income tax and property tax benefits 1203 01:12:42.000 --> 01:12:47.000 on how they would work on the site. 1204 01:12:47.000 --> 01:12:50.000 >> This is Alex, I can take that one. I will give a quick example 1205 01:12:50.000 --> 01:12:51.000 I really appreciate the question. 1206 01:12:51.000 --> 01:12:56.000 It really is important. It comes up a lot on our 1207 01:12:56.000 --> 01:12:59.000 work. So say there's a landowner with income about $100.000 a year. 1208 01:12:59.000 --> 01:13:04.000 And they donate a million-dollar conservation easement or an easement 1209 01:13:04.000 --> 01:13:09.000 that is valued at $1 billion. They can 1210 01:13:09.000 --> 01:13:13.000 take a 50% deduction on the income, in this case it would 1211 01:13:13.000 --> 01:13:18.000 be $50.000. For the year for the donation and for 1212 01:13:18.000 --> 01:13:19.000 each additional year for 15 years. 1213 01:13:19.000 --> 01:13:25.000 So basically you're talking about 16 years total. So for this individual 1214 01:13:25.000 --> 01:13:29.000 it would result in a number of $800.000 in text 1215 01:13:29.000 --> 01:13:35.000 sections. Keep in mind the land owner were the farmer rancher, they 1216 01:13:35.000 --> 01:13:38.934 can deduct $1000. which would be 100% of their income. In the first 1217 01:13:38.934 --> 01:13:43.934 year and for each of the following 15 years, again 16 1218 01:13:43.934 --> 01:13:44.934 years total. 1219 01:13:44.934 --> 01:13:50.934 >> So realize the maximum of $1 million in deductions, and the reason 1220 01:13:50.934 --> 01:13:55.000 why the $1 million is always text by the value of that 1221 01:13:55.000 --> 01:14:00.000 easement. So again the gets back to the appraised value making sure 1222 01:14:00.000 --> 01:14:06.000 we used to praise the best appraisers out there. 1223 01:14:06.000 --> 01:14:10.000 >> Also, keep in mind that the difference between 1224 01:14:10.000 --> 01:14:15.000 appraised value and assessed value is of course the 1225 01:14:15.000 --> 01:14:20.000 appraised value is kind of current value, called the fair market value 1226 01:14:20.000 --> 01:14:23.000 of the property based on the highest 1227 01:14:23.000 --> 01:14:28.000 and best use of the land where the assessed value of the land 1228 01:14:28.000 --> 01:14:33.000 is computed through the tax assessors, particularly at your 1229 01:14:33.000 --> 01:14:38.000 county. So that assessment is usually much lower than what your fair market 1230 01:14:38.000 --> 01:14:41.000 value or your pre-value would be. 1231 01:14:41.000 --> 01:14:45.000 But if you do donate it conservation easement, that's your 1232 01:14:45.000 --> 01:14:50.000 success value to provide property tax benefits 1233 01:14:50.000 --> 01:14:51.067 as well. So this is one example. 1234 01:14:51.067 --> 01:14:56.067 There are plenty of others. You end up giving land 1235 01:14:56.067 --> 01:15:01.067 trust in cash donation, charitable cash donation, has treated a little 1236 01:15:01.067 --> 01:15:06.067 differently under the IRS rules, that you might give them a cash 1237 01:15:06.067 --> 01:15:11.067 payment or duration for the search endowment that is different for 1238 01:15:11.067 --> 01:15:14.067 Iris of this tax benefits to both. 1239 01:15:14.067 --> 01:15:19.067 Cash and what we call the non-cash 1240 01:15:19.067 --> 01:15:25.067 charitable donation which is a conservation easement donation or the sale of 1241 01:15:25.067 --> 01:15:27.067 the conservation easements. 1242 01:15:27.067 --> 01:15:30.067 >> Thank you Alex, that's great answer. I'm learning so much on 1243 01:15:30.067 --> 01:15:34.067 this myself so I really appreciate that. We have another question, 1244 01:15:34.067 --> 01:15:39.000 I think Alex or 1245 01:15:39.000 --> 01:15:41.000 Paulo, this will probably be for you guys. Are the restrictions on 1246 01:15:41.000 --> 01:15:47.000 what type of third parties can hold the 1247 01:15:47.000 --> 01:15:55.067 conservation easement. Does it have to 1248 01:15:55.067 --> 01:15:57.067 be a 501(c)(3) or can be held for charitable purposes? The answer 1249 01:15:57.067 --> 01:15:59.067 to separate questions for the restrictions on what type of third parties can 1250 01:15:59.067 --> 01:16:02.067 hold an easement, does it have to be a 501(c)(3) or charitable purpose? 1251 01:16:02.067 --> 01:16:04.067 >> Hello, do you want to take that one? 1252 01:16:04.067 --> 01:16:06.067 >> Yes so the short answer on charitable purposes, and does have to meet 1253 01:16:06.067 --> 01:16:08.067 some for the benefit to get that tax benefit. 1254 01:16:08.067 --> 01:16:15.067 >> Governing entities. So for example you know your wildlife 1255 01:16:15.067 --> 01:16:19.067 conservation organization. Different powers 1256 01:16:19.067 --> 01:16:23.067 of authority with the parklands, they can also hold ministrations 1257 01:16:23.067 --> 01:16:27.067 as well. But a private party holding a conservation easement 1258 01:16:27.067 --> 01:16:30.067 without provide that backstop approach. 1259 01:16:30.067 --> 01:16:34.067 So it would be again 501(c)(3) the interest 1260 01:16:34.067 --> 01:16:40.000 as well as government entities in public benefit. 1261 01:16:40.000 --> 01:16:43.000 >> Yes I will just add on to that. This is Alex. What you 1262 01:16:43.000 --> 01:16:47.000 really want to avoid is conflict of interest 1263 01:16:47.000 --> 01:16:51.067 issues. So if you want to donate a conservation easement and get 1264 01:16:51.067 --> 01:16:57.067 the tax benefit, you can send the conservation easement over to 1265 01:16:57.067 --> 01:17:01.067 your cousins company. So there's a conflict there. Also keep in mind 1266 01:17:01.067 --> 01:17:06.067 that as Pablo mentioned, public agencies 1267 01:17:06.067 --> 01:17:12.067 can be conservation agencies, reluctance of the regulation agency that 1268 01:17:12.067 --> 01:17:15.067 oversees the remediation of this command contaminated property 1269 01:17:15.067 --> 01:17:18.067 so there's a comfort of interest there. Sometimes that you have to 1270 01:17:18.067 --> 01:17:22.067 avoid. So love times folks will end up working with their local 1271 01:17:22.067 --> 01:17:27.067 the trust to kind of eliminate that 1272 01:17:27.067 --> 01:17:28.067 competent purchase. 1273 01:17:28.067 --> 01:17:32.067 >> Okay. So now we have question -- how do I 1274 01:17:32.067 --> 01:17:35.067 know if a site is safe for reuse and how to white find out about 1275 01:17:35.067 --> 01:17:42.000 the cleanup status? So I will take that one. So if 1276 01:17:42.000 --> 01:17:44.000 it's a Superfund site, you will definitely want to get in touch 1277 01:17:44.000 --> 01:17:48.000 with one of these Superfund redevelopment coordinator's for whatever region 1278 01:17:48.000 --> 01:17:50.000 it's in and talk to the remedial project manager. That can either 1279 01:17:50.000 --> 01:17:55.067 be through prospective purchaser and recall or it can be just a call 1280 01:17:55.067 --> 01:17:59.067 to say what's going on at the site. And there can be some 1281 01:17:59.067 --> 01:18:04.067 documents online and things like that. Another way if it's a state 1282 01:18:04.067 --> 01:18:08.067 site or a brownfield, then you need to get in touch with the, whoever 1283 01:18:08.067 --> 01:18:11.067 in the site is regulating it, and they should be 1284 01:18:11.067 --> 01:18:16.067 able to provide you some information on it at least with a note the property, 1285 01:18:16.067 --> 01:18:20.067 and so I think most of you are probably familiar with the Brownsville program, 1286 01:18:20.067 --> 01:18:24.067 but if it's a Brownsville site, then it is in the brownfield program, 1287 01:18:24.067 --> 01:18:30.067 then chances are there has been 1288 01:18:30.067 --> 01:18:32.067 a phase 1. at least a phase 1 environmental assessment done 1289 01:18:32.067 --> 01:18:36.067 on the property which can provide some basic information. 1290 01:18:36.067 --> 01:18:39.000 >> All right. 1291 01:18:39.000 --> 01:18:45.000 Let's see. 1292 01:18:45.000 --> 01:18:47.000 Would you need, here's a question, would you need, do you have a way 1293 01:18:47.000 --> 01:18:50.000 to redevelop a Superfund site or any site into after the cleanup 1294 01:18:50.000 --> 01:18:54.067 is complete? The answer to that is no. In most cases the redevelopment, 1295 01:18:54.067 --> 01:18:56.801 the redevelop to the site is 1296 01:18:56.801 --> 01:19:01.067 really based on the protectiveness of what 1297 01:19:01.067 --> 01:19:05.067 you are trying to do. So for example, if you have 1298 01:19:05.067 --> 01:19:08.067 a Superfund site and it has a groundwater cleanup, that might take decades 1299 01:19:08.067 --> 01:19:12.067 to address, but the surface soils either not contaminated or has already 1300 01:19:12.067 --> 01:19:16.067 been addressed and then he can redevelop that site 1301 01:19:16.067 --> 01:19:19.067 and do work on that site as long as you combine with the restrictions 1302 01:19:19.067 --> 01:19:23.067 that are on the property so for example there may be a restriction 1303 01:19:23.067 --> 01:19:25.067 on the use of groundwater where there may be 1304 01:19:25.067 --> 01:19:29.067 a restriction that is commercial industrial use. 1305 01:19:29.067 --> 01:19:34.067 >> So you can build houses on. You have to build something 1306 01:19:34.067 --> 01:19:36.067 commercial. So or do something commercial. 1307 01:19:36.067 --> 01:19:39.000 So there may be limitations on how it can be developed but you don't 1308 01:19:39.000 --> 01:19:42.000 have to wait until cleanup is all be done in most cases. In some cases 1309 01:19:42.000 --> 01:19:47.000 you might. If there's a lot of contamination on a site that hasn't yet been addressed 1310 01:19:47.000 --> 01:19:53.067 to the levels that what is commercial or residential or recreational 1311 01:19:53.067 --> 01:19:57.067 or whatever your intent uses. 1312 01:19:57.067 --> 01:20:03.067 >> All right. 1313 01:20:03.067 --> 01:20:06.067 Let's see. 1314 01:20:06.067 --> 01:20:10.067 There's a question about whether reuse of a 1315 01:20:10.067 --> 01:20:16.067 Superfund site or a good use would be for a soccer 1316 01:20:16.067 --> 01:20:18.067 field. And I could take steps that one. If you don't 1317 01:20:18.067 --> 01:20:21.067 mind. Sure. 1318 01:20:21.067 --> 01:20:27.067 >> Very good. So I would say yes, that would be a good 1319 01:20:27.067 --> 01:20:31.067 use. It really depends on the 1320 01:20:31.067 --> 01:20:32.067 level of the cleanup, course a soccer. 1321 01:20:32.067 --> 01:20:39.000 You have kids and adults getting into the soil 1322 01:20:39.000 --> 01:20:42.000 a bit. Kicking around, maybe leaning on it. So you want to make sure 1323 01:20:42.000 --> 01:20:45.000 that cleanup has been done properly of course. But with a conservation 1324 01:20:45.000 --> 01:20:51.067 easement over the that type of property, you want to kind of 1325 01:20:51.067 --> 01:20:56.067 steer clear of any specific recreational uses unless you're 1326 01:20:56.067 --> 01:21:00.067 talking about hunting, which may not be provided. For instance, out 1327 01:21:00.067 --> 01:21:04.067 here in California have seen a lot of 1328 01:21:04.067 --> 01:21:06.067 golf courses, probably nationwide actually, seen a lot of golf courses 1329 01:21:06.067 --> 01:21:09.067 go under, and some of those properties have easements that say this property 1330 01:21:09.067 --> 01:21:13.067 will always be a golf course. While there's all types of legal issues 1331 01:21:13.067 --> 01:21:16.067 that come up with that, so what you really want 1332 01:21:16.067 --> 01:21:20.067 to do when you draft a conservation easement is just fine as's stay 1333 01:21:20.067 --> 01:21:26.067 property restricted to recreational uses. So that the 1334 01:21:26.067 --> 01:21:31.067 different types of reparation change through the years, your easement 1335 01:21:31.067 --> 01:21:38.000 doesn't need to get updated. Or drafted in any 1336 01:21:38.000 --> 01:21:42.000 way. So that's what I would say, course soccer would be a beneficial 1337 01:21:42.000 --> 01:21:45.000 use as long as the cleanup was made to pre-high standards. 1338 01:21:45.000 --> 01:21:48.000 >> Yes, thank you Alex. I appreciate that. And just to point out EPA 1339 01:21:48.000 --> 01:21:53.067 has a, we have a partnership with US soccer foundation. 1340 01:21:53.067 --> 01:21:58.067 You can find on the Superfund redevelopment site. Where they will help with 1341 01:21:58.067 --> 01:22:02.067 the design of soccer fields on Superfund sites. In certain 1342 01:22:02.067 --> 01:22:05.067 situations. So have a publication that came out several years ago. 1343 01:22:05.067 --> 01:22:10.067 On redeveloping Superfund sites and soccer 1344 01:22:10.067 --> 01:22:13.067 fields. So if anybody is interested in that particular, I would strongly 1345 01:22:13.067 --> 01:22:15.067 recommend going to the Superfund redevelopment website and taking 1346 01:22:15.067 --> 01:22:17.067 a look at that. 1347 01:22:17.067 --> 01:22:20.067 >> So appreciate your insight on that. 1348 01:22:20.067 --> 01:22:22.067 >> So we have another question. 1349 01:22:22.067 --> 01:22:25.067 What sites are best suited for EPA perspective for prospective purchaser 1350 01:22:25.067 --> 01:22:28.067 agreements? 1351 01:22:28.067 --> 01:22:33.067 >> So well, that's a couple get 1352 01:22:33.067 --> 01:22:36.067 a question. So prospective purchaser agreement like I said before is 1353 01:22:36.067 --> 01:22:41.000 a three-way agreement between EPA department of justice and the developer. 1354 01:22:41.000 --> 01:22:45.000 I know for a long time after the 1355 01:22:45.000 --> 01:22:51.000 liability protections that were provided in the 2002 1356 01:22:51.000 --> 01:22:55.000 code amendments were due to perspective, purchaser agreement because 1357 01:22:55.000 --> 01:23:01.000 we felt that the same liability protection that 1358 01:23:01.000 --> 01:23:03.000 is in, that they provided the same liability protection is already 1359 01:23:03.000 --> 01:23:09.000 statutorily in the amendments to the Superfund laws that were passed 1360 01:23:09.000 --> 01:23:14.000 in 2002. So as a result, we didn't 1361 01:23:14.000 --> 01:23:18.000 do PPA's for a while. They take a 1362 01:23:18.000 --> 01:23:21.000 long time because we have to work with the department of justice and 1363 01:23:21.000 --> 01:23:26.000 basically it's negotiation of liabilities settlements or situation with department 1364 01:23:26.000 --> 01:23:31.000 of justice. And there usually has to be some sort 1365 01:23:31.000 --> 01:23:36.934 of benefit to EPA into the government or out of government to the government 1366 01:23:36.934 --> 01:23:39.934 for investing the time and resources on that. So it's kind 1367 01:23:39.934 --> 01:23:42.934 of difficult to say which sites are best suited for those. I know 1368 01:23:42.934 --> 01:23:46.934 we entertain them on a case-by-case basis. And if anybody is 1369 01:23:46.934 --> 01:23:52.000 interested in prospective purchaser agreements, we would be more than 1370 01:23:52.000 --> 01:23:56.000 happy to start with your Superfund 1371 01:23:56.000 --> 01:23:59.000 redevelopment coordinator and they can engage with the appropriate 1372 01:23:59.000 --> 01:24:04.000 EPA tourneys and either in the region and/or at headquarters on the 1373 01:24:04.000 --> 01:24:09.000 PPA and will be involved in time frames and whether 1374 01:24:09.000 --> 01:24:12.000 it's appropriate. 1375 01:24:12.000 --> 01:24:18.000 >> Let's see. Oh here's a great question. Have 1376 01:24:18.000 --> 01:24:20.000 you worked with removal sites, so that's EPA Superfund 1377 01:24:20.000 --> 01:24:23.000 deals with two types of sites. You have remedial sites or sites that 1378 01:24:23.000 --> 01:24:29.000 are on the national parties list and you 1379 01:24:29.000 --> 01:24:31.000 also have what we call removal sites which are addressed by emergency 1380 01:24:31.000 --> 01:24:35.000 response and removal programs. And a lot of times or most of the times 1381 01:24:35.000 --> 01:24:40.000 emergency response remove, removal programs are doing with a specific 1382 01:24:40.000 --> 01:24:45.000 problem sites or maybe. 1383 01:24:45.000 --> 01:24:48.000 [ Indiscernible ] drums, maybe leaking drums or maybe after fire 1384 01:24:48.000 --> 01:24:51.067 or something like that. And so they won't necessarily address all the 1385 01:24:51.067 --> 01:24:56.067 issues on the site. Address the immediate issues and then he goes 1386 01:24:56.067 --> 01:25:04.067 to the appropriate regulatory area for the rest of 1387 01:25:04.067 --> 01:25:06.067 it to be addressed that can be stay cleanup, it could potentially go 1388 01:25:06.067 --> 01:25:09.067 on the national parties list and usually does not, but the answer 1389 01:25:09.067 --> 01:25:14.067 is yes. We have as far as liability is concerned, the [ Indiscernible ] 1390 01:25:14.067 --> 01:25:16.067 covers both the remedial and removal sites and so the same liability 1391 01:25:16.067 --> 01:25:22.067 protection in the same redevelopment potential exists, just maybe from 1392 01:25:22.067 --> 01:25:24.067 a different perspective. So Kat, I don't if you have anything 1393 01:25:24.067 --> 01:25:27.067 want to add that? 1394 01:25:27.067 --> 01:25:32.067 >> No, but I'm really glad the 1395 01:25:32.067 --> 01:25:37.000 question and can I just say excellent question. This is a really really 1396 01:25:37.000 --> 01:25:42.000 super webinar with Willy engaged folks and smart 1397 01:25:42.000 --> 01:25:46.000 questions. And I always try to remind people that Superfund's 1398 01:25:46.000 --> 01:25:50.000 are not jobs based on the national [ Indiscernible ] and they are removal 1399 01:25:50.000 --> 01:25:55.067 sites and that's for the 40.000 types across the country came from 1400 01:25:55.067 --> 01:26:01.067 and the bona fide purchaser status 1401 01:26:01.067 --> 01:26:06.067 for liability [ Indiscernible ] replied both removal 1402 01:26:06.067 --> 01:26:12.067 sites and NPL sites. And so there's lots of opportunities to redevelop 1403 01:26:12.067 --> 01:26:18.067 both types of removal and 1404 01:26:18.067 --> 01:26:22.067 remedial actions, and the liability protections 1405 01:26:22.067 --> 01:26:28.067 in the EPA supported tools. Applied to both. So great 1406 01:26:28.067 --> 01:26:31.067 opportunities. 1407 01:26:31.067 --> 01:26:36.067 >> Okay. Now I think we will maybe shift our 1408 01:26:36.067 --> 01:26:41.000 focus to some of the answers that we are getting in for the questions 1409 01:26:41.000 --> 01:26:47.000 that people voted for. So let me take a 1410 01:26:47.000 --> 01:26:53.067 look here. As far as what we, we ask about one of the 1411 01:26:53.067 --> 01:26:59.067 barriers or challenges for Superfund site reuse. People 1412 01:26:59.067 --> 01:27:05.067 chimed in for not achieving unrestricted 1413 01:27:05.067 --> 01:27:09.067 use levels. Fear of long-term liability, 1414 01:27:09.067 --> 01:27:12.067 public perception, liability. Stigma. Public 1415 01:27:12.067 --> 01:27:18.067 perception. Uncertainty. Though we see a lot, we are familiar with 1416 01:27:18.067 --> 01:27:23.067 this and I think we, I think the issue of public perception 1417 01:27:23.067 --> 01:27:29.067 and take the is, it is 1418 01:27:29.067 --> 01:27:34.067 one of the issues with Superfund programs, and I think that 1419 01:27:34.067 --> 01:27:37.000 was what the Superfund redevelopment initiative is really, it's what 1420 01:27:37.000 --> 01:27:43.000 we're trying to address and when the question was asked 1421 01:27:43.000 --> 01:27:46.000 well what, why would you want to read about the Superfund 1422 01:27:46.000 --> 01:27:50.000 sites and we talk about the location and we talk about some of the fact 1423 01:27:50.000 --> 01:27:54.067 that it is very well investigated, you know what you getting into it 1424 01:27:54.067 --> 01:27:59.067 all that. I think trying to move beyond that and then address 1425 01:27:59.067 --> 01:28:05.067 the stigma is why we say never underestimate the value of a good news story or 1426 01:28:05.067 --> 01:28:09.067 examples of where this is happened in the past and how 1427 01:28:09.067 --> 01:28:12.067 successful one of the other answers were that developers don't want 1428 01:28:12.067 --> 01:28:16.067 to take the time to learn about reusing sites and it's been my experience 1429 01:28:16.067 --> 01:28:22.067 and it's really a function of either the developer or 1430 01:28:22.067 --> 01:28:26.067 how valuable their ultimate redevelopment will be. 1431 01:28:26.067 --> 01:28:31.067 I think we've had developers that after they have gone through 1432 01:28:31.067 --> 01:28:35.067 the process that said well, this is so much better than expected. 1433 01:28:35.067 --> 01:28:41.000 One of the sites to have? So we we do learn about how to redevelop 1434 01:28:41.000 --> 01:28:45.000 the site, it's really, they realize that hate 1435 01:28:45.000 --> 01:28:47.000 this was a good deal. 1436 01:28:47.000 --> 01:28:50.000 And I was able to work through this pretty well and had a 1437 01:28:50.000 --> 01:28:53.067 good outcome. 1438 01:28:53.067 --> 01:28:57.067 >> But it seems that most of 1439 01:28:57.067 --> 01:29:01.067 the responses, we have 15 responses to this, most of them have to do 1440 01:29:01.067 --> 01:29:05.067 with liability and public perceptions. 1441 01:29:05.067 --> 01:29:10.067 So that's, thank you for that. That's kind of interesting. 1442 01:29:10.067 --> 01:29:13.067 >> So what can EPA do to remove the barriers or changes are the 1443 01:29:13.067 --> 01:29:18.067 barriers, can accept people for liability. That does not allow us 1444 01:29:18.067 --> 01:29:21.067 to do that. 1445 01:29:21.067 --> 01:29:26.067 >> Focus on realistic futures, future uses early. So that you don't come 1446 01:29:26.067 --> 01:29:31.067 out with the possible scenarios and possible risk assessments and 1447 01:29:31.067 --> 01:29:35.067 scare people away. 1448 01:29:35.067 --> 01:29:39.000 >> Thanks for that. Just let people know. With this presentation, 1449 01:29:39.000 --> 01:29:43.000 that's our goal for his and started the message out. Place a greater 1450 01:29:43.000 --> 01:29:45.000 emphasis on site redevelopment of the entire 1451 01:29:45.000 --> 01:29:48.000 process. Try make it more of an active part in the program. And 1452 01:29:48.000 --> 01:29:53.067 certainly read the Superfund task force, that is one of the goals 1453 01:29:53.067 --> 01:29:56.067 of the BPA. Adaptive management. Oh my 1454 01:29:56.067 --> 01:30:02.067 gosh, yes. That's definitely something that, that kind 1455 01:30:02.067 --> 01:30:05.067 of is threaded through. Through not only 1456 01:30:05.067 --> 01:30:08.067 the Superfund task force, but there was an effort before the Superfund 1457 01:30:08.067 --> 01:30:10.067 task force on how to improve the task force and management was kind 1458 01:30:10.067 --> 01:30:14.067 of a basis for that. Something that as an agency we try to figure out 1459 01:30:14.067 --> 01:30:20.067 how to implement more so that we can be little more noble. And 1460 01:30:20.067 --> 01:30:24.067 [ Indiscernible ] can be difficult. 1461 01:30:24.067 --> 01:30:29.067 >> So, okay. What is EPA doing? That's working well are 1462 01:30:29.067 --> 01:30:35.067 not working well. Okay. Not 1463 01:30:35.067 --> 01:30:39.000 providing liability protection. Exemptions. We just 1464 01:30:39.000 --> 01:30:48.000 don't have the legal authority to do that. The cover letters. Sweating 1465 01:30:48.000 --> 01:30:52.067 things out. And [ Indiscernible ] 1466 01:30:52.067 --> 01:30:58.067 as well. Comfort letters are well received by 1467 01:30:58.067 --> 01:31:02.067 potential buyers. So yeah, thank you for the feedback on comfort 1468 01:31:02.067 --> 01:31:06.067 level, comfort levels or letters. Especially region four. 1469 01:31:06.067 --> 01:31:14.067 We found them are useful for buyers or hunters. Just to write 1470 01:31:14.067 --> 01:31:17.067 down this is what we know about the site and this is where we think 1471 01:31:17.067 --> 01:31:19.133 it's going. But it can change and even that is really helpful. 1472 01:31:19.133 --> 01:31:20.567 >> And this is Kat, can I ask something? 1473 01:31:20.567 --> 01:31:23.067 >> Sure. 1474 01:31:23.067 --> 01:31:29.067 >> And one of comments here I see that one of our participants 1475 01:31:29.067 --> 01:31:33.067 has suggested that comfort level -- comfort letters 1476 01:31:33.067 --> 01:31:37.000 include information about [ Indiscernible - low volume ] and hopefully this 1477 01:31:37.000 --> 01:31:42.000 is good news. I recently spoke to attorney at ETA or EPA headquarters 1478 01:31:42.000 --> 01:31:48.000 about that and I was told that comfort letters 1479 01:31:48.000 --> 01:31:54.067 can indeed contain information that was 1480 01:31:54.067 --> 01:32:00.067 let the, that will let the perspective purchaser that ET or 1481 01:32:00.067 --> 01:32:03.968 EPA [ Indiscernible - low volume ] 1482 01:32:03.968 --> 01:32:07.067 tends to [ Indiscernible ] or 1483 01:32:07.067 --> 01:32:11.067 whether ETA can have a windfall lean so I know that is much more 1484 01:32:11.067 --> 01:32:18.067 certainty to perspective purchasers when they're coming in and 1485 01:32:18.067 --> 01:32:22.067 hopefully buying the Superfund sites so I believe it's a matter working 1486 01:32:22.067 --> 01:32:28.067 with the team and the site attorney to ask that that information be 1487 01:32:28.067 --> 01:32:31.067 included in the comfort letters. 1488 01:32:31.067 --> 01:32:36.067 >> Thank you Kat, that is something that I've seen turn a lot of people 1489 01:32:36.067 --> 01:32:40.000 off is the issue of windfall liens. That's kind of an 1490 01:32:40.000 --> 01:32:44.000 unknown and really makes people nervous. And so if we could, to 1491 01:32:44.000 --> 01:32:46.000 the extent we are able to address that up front, it would be really 1492 01:32:46.000 --> 01:32:48.000 helpful. 1493 01:32:48.000 --> 01:32:49.000 >> So yes, thank you for that. 1494 01:32:49.000 --> 01:32:55.000 >> So how can EPA better help us at sites to develop the 1495 01:32:55.000 --> 01:33:01.000 local governments? We have a few comments. I 1496 01:33:01.000 --> 01:33:03.000 see one of the outreach to developers that we do. 1497 01:33:03.000 --> 01:33:06.000 Many don't know the environmental tray should be a group to talk to 1498 01:33:06.000 --> 01:33:10.000 as well. So anybody you have ideas on how to better reach developers, 1499 01:33:10.000 --> 01:33:15.000 we try to find out about meetings and another group 1500 01:33:15.000 --> 01:33:19.000 that we reached out to that Kat and I did back in the day when we 1501 01:33:19.000 --> 01:33:23.000 used to work together is industrial and office realtors and make sure 1502 01:33:23.000 --> 01:33:29.000 they are aware so they can go on a 1503 01:33:29.000 --> 01:33:31.000 class that they may want to redevelop sites. And certainly 1504 01:33:31.000 --> 01:33:35.000 developers and environmental attorneys, we presented the national Brownfields 1505 01:33:35.000 --> 01:33:37.934 conference in state and brownfield conference. We try 1506 01:33:37.934 --> 01:33:41.934 to do a lot about outreach. But we're not certainly open 1507 01:33:41.934 --> 01:33:44.934 for anything we may be missing. 1508 01:33:44.934 --> 01:33:48.934 Otherwise we can get the word out better and that would be really 1509 01:33:48.934 --> 01:33:55.000 helpful to know. 1510 01:33:55.000 --> 01:33:57.000 >> Okay. 1511 01:33:57.000 --> 01:33:59.000 What other feedback would you like to share with EPA about Superfund 1512 01:33:59.000 --> 01:34:00.000 redevelopment? 1513 01:34:00.000 --> 01:34:08.000 >> If you'd like to learn more about it? 1514 01:34:08.000 --> 01:34:20.000 >> Writing more information. 1515 01:34:20.000 --> 01:34:25.000 There's a question about what does EPA stand 1516 01:34:25.000 --> 01:34:30.000 on chemicals as reopener's. You can present various challenges. 1517 01:34:30.000 --> 01:34:34.000 That certainly issue that EPA I think everyone is struggling with 1518 01:34:34.000 --> 01:34:36.067 at this point. 1519 01:34:36.067 --> 01:34:38.000 >> Appreciate the feedback, don't really have an answer for that right 1520 01:34:38.000 --> 01:34:41.000 now. 1521 01:34:41.000 --> 01:34:47.000 >> And yes so we provided 1522 01:34:47.000 --> 01:34:49.000 people provide the email if we don't already have it to receive 1523 01:34:49.000 --> 01:34:55.067 future webinar announcements. So filling in for Frank I have 1524 01:34:55.067 --> 01:35:00.067 to say the Superfund redevelopment initiative has been very active 1525 01:35:00.067 --> 01:35:02.067 in providing webinars on different topics so certainly there 1526 01:35:02.067 --> 01:35:07.067 topics that people want to hear about. Let us know. Put it 1527 01:35:07.067 --> 01:35:11.067 in the feedback here somewhere of things you want to hear about. 1528 01:35:11.067 --> 01:35:18.067 We will try to provide that 1529 01:35:18.067 --> 01:35:21.067 for you. 1530 01:35:21.067 --> 01:35:23.067 >> Okay so with that, I will ask any of the other presenters 1531 01:35:23.067 --> 01:35:29.067 if there is anything they would like to add, and if 1532 01:35:29.067 --> 01:35:32.067 not, we can and a little early. 1533 01:35:32.067 --> 01:35:36.067 >> Bill, this is Alice again. I would just that there's a question 1534 01:35:36.067 --> 01:35:42.000 about whether they trust take on contaminated properties and 1535 01:35:42.000 --> 01:35:47.000 if they cap them. I would 1536 01:35:47.000 --> 01:35:53.067 just respond that a yes in certain cases we 1537 01:35:53.067 --> 01:36:01.067 do cap to increase for example in 1538 01:36:01.067 --> 01:36:05.067 rails to trails process people are either running or biking on these 1539 01:36:05.067 --> 01:36:10.067 parks properties. For just a moment and 1540 01:36:10.067 --> 01:36:13.067 we're going to typically cap those with cement 1541 01:36:13.067 --> 01:36:18.067 and that will actually be the surface that the folks are cycling 1542 01:36:18.067 --> 01:36:22.067 on. But if there's contamination on the side of these of course we 1543 01:36:22.067 --> 01:36:28.067 will clean that up to the right standard. But we've taken on all 1544 01:36:28.067 --> 01:36:32.067 types of properties. Sometimes we are removing soil. From the site. 1545 01:36:32.067 --> 01:36:36.067 Sometimes we are doing on-site remediation. And it really 1546 01:36:36.067 --> 01:36:47.000 depends on as 1547 01:36:47.000 --> 01:36:50.000 Paulo mentioned earlier. A lot of times we're contracting out for 1548 01:36:50.000 --> 01:36:52.067 the type of work for folks to do better than we do differently. 1549 01:36:52.067 --> 01:36:54.067 >> But I do want to mention for you that yes, capping does come 1550 01:36:54.067 --> 01:36:57.067 into place sometimes. But in other cases we are actually removing soil 1551 01:36:57.067 --> 01:36:59.067 or remediating it on site. 1552 01:36:59.067 --> 01:37:01.067 >> Thank you Alex, I appreciate that. 1553 01:37:01.067 --> 01:37:04.067 >> This is Paulo. 1554 01:37:04.067 --> 01:37:12.067 >> One last thought. For a lot of land trust and 1555 01:37:12.067 --> 01:37:15.067 conservation organization across the country the goal has always 1556 01:37:15.067 --> 01:37:18.067 been to preserve sort of these pristine environments and I think in the 1557 01:37:18.067 --> 01:37:22.067 last I don't know 10+ years, a lot of us are talking about the need 1558 01:37:22.067 --> 01:37:28.067 to the dirtier places and activate more of the 1559 01:37:28.067 --> 01:37:31.067 Brownsville site so for recreational and ecological assets. So I think 1560 01:37:31.067 --> 01:37:34.067 this is a topic that she just be on all of our minds going forward 1561 01:37:34.067 --> 01:37:43.000 with the developer conservation organizations. So just want to 1562 01:37:43.000 --> 01:37:45.000 thank you Bill and Kat NEPA for bringing this and because 1563 01:37:45.000 --> 01:37:49.000 is coming up more more with the work we're 1564 01:37:49.000 --> 01:37:50.000 doing. 1565 01:37:50.000 --> 01:37:53.067 >> Thanks for that Apollo, I really appreciate that and I want to thank 1566 01:37:53.067 --> 01:37:56.067 you guys again for presenting with us on this webinar and at the transfer 1567 01:37:56.067 --> 01:37:59.067 conference. It's just so helpful. 1568 01:37:59.067 --> 01:38:03.067 To be able to have somebody in two people that are so familiar 1569 01:38:03.067 --> 01:38:06.067 with how these things work and how they can answer questions 1570 01:38:06.067 --> 01:38:10.067 and help us provide this information to figure out 1571 01:38:10.067 --> 01:38:12.067 how we can help promote the redevelopment to some of these were contaminated 1572 01:38:12.067 --> 01:38:17.067 properties. Because obviously that's a party for EPA and we're all very 1573 01:38:17.067 --> 01:38:23.067 excited to work in this area. And we certainly 1574 01:38:23.067 --> 01:38:26.067 appreciate partnering with the land trust communities. So thanks for 1575 01:38:26.067 --> 01:38:29.067 that feedback and glad that you are interested in partnering with 1576 01:38:29.067 --> 01:38:32.067 us. 1577 01:38:32.067 --> 01:38:38.000 >> Certainly see where this goes. 1578 01:38:38.000 --> 01:38:40.000 >> Okay so if there's nothing else, we will 1579 01:38:40.000 --> 01:38:43.000 go ahead and wrap up. Again I want to thank Alex and Paula from the 1580 01:38:43.000 --> 01:38:46.000 trust for Public land. We really appreciate you all be on the webinar 1581 01:38:46.000 --> 01:38:50.000 with us. Inc. you Kat with Scio for providing your insightful perspective 1582 01:38:50.000 --> 01:38:55.067 and from all of your experience as 1583 01:38:55.067 --> 01:38:58.067 a redevelopment expert. And I want to thank Scott Miller here in the 1584 01:38:58.067 --> 01:39:04.067 region four, or Superfund redevelopment coordinator for 1585 01:39:04.067 --> 01:39:06.067 giving us a summary of what the Superfund redevelopment 1586 01:39:06.067 --> 01:39:08.067 program is. And I want to encourage all of you to visit the Superfund 1587 01:39:08.067 --> 01:39:12.067 redevelopment website. And check out all the information that's on 1588 01:39:12.067 --> 01:39:17.067 there. I know Frank is a fantastic job of getting tons of information 1589 01:39:17.067 --> 01:39:21.067 out and available for people to see and something that headquarters 1590 01:39:21.067 --> 01:39:27.067 is really committed to and please check that 1591 01:39:27.067 --> 01:39:30.067 and appreciate everybody that presented and that participated 1592 01:39:30.067 --> 01:39:33.067 in today's webinar. Thank you for your questions and your feedback 1593 01:39:33.067 --> 01:39:35.067 and your interest in this topic. 1594 01:39:35.067 --> 01:39:39.000 I think this is something that is kind of new and emerging and 1595 01:39:39.000 --> 01:39:44.000 stay tuned and hopefully we will see a lot of progress in this and 1596 01:39:44.000 --> 01:39:49.000 be able to realize some redevelopment as a 1597 01:39:49.000 --> 01:39:53.067 result of involving conservation easements and land trust so with 1598 01:39:53.067 --> 01:39:57.067 that Gina will turn it over to you to wrap it up. 1599 01:39:57.067 --> 01:40:03.067 >> Thank you so very much 1600 01:40:03.067 --> 01:40:04.067 Bill. 1601 01:40:04.067 --> 01:40:07.067 I'm just want to walk through a few quick reminders before we officially 1602 01:40:07.067 --> 01:40:09.067 close everything out today. So wanted to remind everybody that you can 1603 01:40:09.067 --> 01:40:11.067 sign up for free monthly newsletter tech direct to be alerted whenever 1604 01:40:11.067 --> 01:40:13.067 Superfund development webinars like this are available. And as you're 1605 01:40:13.067 --> 01:40:18.067 looking for copies of the presentation materials or 1606 01:40:18.067 --> 01:40:20.067 some of reference handouts and other materials that were highlighted 1607 01:40:20.067 --> 01:40:24.067 by our presenters, you will find them 1608 01:40:24.067 --> 01:40:27.067 available on the right side of your screen under related URLs. You can 1609 01:40:27.067 --> 01:40:31.067 scroll through there and route to particularly [ Indiscernible ] to 1610 01:40:31.067 --> 01:40:33.067 find the ones this seminar resources that will try 1611 01:40:33.067 --> 01:40:40.000 but everything webpage. If you find link of interest, simply click that 1612 01:40:40.000 --> 01:40:41.000 link and press the browser button. 1613 01:40:41.000 --> 01:40:44.000 Again for those of you looking for copies of the slides, you will find 1614 01:40:44.000 --> 01:40:45.000 that on the seminar resources link. 1615 01:40:45.000 --> 01:40:49.000 If you're looking for contact information for our presenters 1616 01:40:49.000 --> 01:40:52.067 and answers, you'll also find that on the seminar homepage find that 1617 01:40:52.067 --> 01:40:56.067 again on the middle right side of your screen. Be happy to be one 1618 01:40:56.067 --> 01:40:58.067 of the lucky people playing the recorded versions of 1619 01:40:58.067 --> 01:41:00.067 today's webinars, all these things are still active on the far right 1620 01:41:00.067 --> 01:41:02.067 of the screen. 1621 01:41:02.067 --> 01:41:06.067 >> And for those of you who may be joining in [ Indiscernible ] 1622 01:41:06.067 --> 01:41:12.067 you can make it into the URLs 1623 01:41:12.067 --> 01:41:15.067 easily right now, you will have access 1624 01:41:15.067 --> 01:41:17.067 to all these things again on the seminar homepage and that's what 1625 01:41:17.067 --> 01:41:19.067 you emailed to participate in today's webinar. 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So let us know what 1631 01:41:30.067 --> 01:41:33.067 you think of today's delivery. 1632 01:41:33.067 --> 01:41:36.067 We often get asked for participation certificates and if you fill out 1633 01:41:36.067 --> 01:41:38.000 the feedback form, making sure to check the box at the very bottom 1634 01:41:38.000 --> 01:41:41.000 of the screen certifying you here for the whole thing or replay the 1635 01:41:41.000 --> 01:41:43.000 whole thing, as soon as you submit the feedback form we should have 1636 01:41:43.000 --> 01:41:46.000 immediate access to participation certificate like this one with information 1637 01:41:46.000 --> 01:41:51.067 about sessions and you can either save or print out for your own records. 1638 01:41:51.067 --> 01:41:53.067 >> If you happen to join in a group together the conference 1639 01:41:53.067 --> 01:41:58.067 room under someone else's registration, as long as the person who 1640 01:41:58.067 --> 01:42:04.067 reserved a spot in the webinar and sends 1641 01:42:04.067 --> 01:42:06.067 the link with the feedback form, anybody 1642 01:42:06.067 --> 01:42:09.067 can fill that out and you can get your certificate even if you didn't 1643 01:42:09.067 --> 01:42:10.067 register individually for the session. 1644 01:42:10.067 --> 01:42:13.067 >> So I would ask those of you who organized the viewing of the in 1645 01:42:13.067 --> 01:42:15.067 your office be sure to share the link to the feedback form. 1646 01:42:15.067 --> 01:42:18.067 >> Our session was recorded he will automatically receive an email 1647 01:42:18.067 --> 01:42:24.067 with a link and instructions on how to access the 1648 01:42:24.067 --> 01:42:28.067 on-demand webinar in 1649 01:42:28.067 --> 01:42:30.067 about 1 to 2 weeks was reposted. 1650 01:42:30.067 --> 01:42:32.067 So again I want to thank all of you joined us out of your busy schedules 1651 01:42:32.067 --> 01:42:35.067 for today's broadcast and want to thank our organizers and presenters 1652 01:42:35.067 --> 01:42:37.000 sharing their expertise and with that will formally conclude today's 1653 01:42:37.000 --> 01:42:42.000 live broadcast. Thank you very much for joining us.