On February 16th, Ohio launched the All Ohio Future Fund which provides $750 million in funding to assist communities with infrastructure costs in order to create project-ready economic development sites. The purpose of the funding is to attract new businesses or grow existing Ohio businesses. It is not meant to be a job retention program.
Brownfields/Transactions
Ohio Brownfield Grant Program Massively Oversubscribed
In July 2023, the Ohio Legislature injected an additional $350 million into the Ohio Brownfield Remediation Program (OBRP) due to the success of the program in the prior two years. At the end of the first cycle of funding, the Program was significantly oversubscribed. Therefore, it was anticipated there would be more projects in the…
4 Common Client Questions During Environmental Due Diligence
There is general awareness of the need to perform environmental due diligence on virtually any transaction that involves commercial/industrial property. However, even with such general awareness missteps or lack of attention to detail during the process can risk exposing a purchaser or new tenant to significant liability. Having been involved in counseling on environmental due…
Changes to the Ohio Brownfield Remediation Fund
In July, the Ohio General Assembly passed the Fiscal Year 2024-2025 Main Operating Budget which included another round of $350 million in funding for the Brownfield Remediation Fund. This second round of funding builds up on the very successful launch of the program in the prior State budget.
While the structure of the program largely…
Final Round of Ohio Brownfield Grants Awarded
On December 16, 2022, Governor DeWine announced $88 million in grant funding for 123 brownfield remediation projects. This marks the third round of funding. Collectively, the three rounds of funding have resulted in a total of $341 million in grant funding awarded in one year. Of the $341 million in grant funds provided $19.2 million…
U.S. EPA Endorses New ASTM Phase I Standard
On December 15, 2022, the U.S. Environmental Protection Agency (EPA) issued a final rule that endorses ASTM E1527-21 which provides a uniform standard for performing Phase I Environmental Assessments. The new rule will have an effective date of February 13, 2023. The EPA endorsement of the new ASTM Phase I standard means that the procedures…
Debate Over Cuyahoga County Jail Site Shows Stigma of Brownfields
Cuyahoga County has been engaged in a long search for a new jail. The preferred location is property on Transport Road, which was also the site of Rockefeller’s Standard Oil Refinery #1. A significant part of the controversy surrounds whether the site is safe for redevelopment given its industrial past. The debate surrounding the site…
Ohio Releases Guidelines for $500 Million in Funding for Brownfield and Demolition Programs
In July 2021, Ohio’s 2022-2023 budget allocated $500 million in new brownfield funding under various development programs: $350 million for the investigation, cleanup, and revitalization of brownfield sites and another $150 million for the demolition of vacant or abandoned commercial or residential buildings.
The Ohio Department of Development (ODOD) will administer the funding and is…
Ohio Budget Adds $500 Million in Brownfield Funding on a First Come First Served Basis
Since the sunset of the Clean Ohio Program in 2013, there has been a strong push for dedicated funding to address brownfield sites in Ohio. The Ohio 2022-2023 budget just signed by Governor DeWine comes through in a very big way by allocating $500 million in new funding under various programs. The budget allocates $350…
New ASTM Phase I Standard Under Development- What to Expect
ASTM International publishes the accepted standard for performance of Phase I environmental assessments to evaluate a property’s environmental condition and assess potential liability for any contamination. U.S. EPA’s “All Appropriate Inquiries” Rule (AAI) recognizes the current ASTM Phase I standard, ASTM 1527-13, is consistent with the requirements of AAI and can be used to satisfy…