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Chamber engages, voices concern on proposed brownfield program changes

Advocacy News – July 18, 2024

What’s happening: The Michigan Chamber is participating in a diverse stakeholder workgroup looking at how the state can best addresses contaminated site clean ups and brownfield re-development. A regulatory program administered by the Michigan Department of Environment, Great Lakes and  — known as Part 201 — creates a delicate balance between prioritizing public health and exposure risk, while also allowing for private entities to leverage private capital to help afford the costly redevelopment of brownfield properties.

Why it matters: Michigan has a rich manufacturing heritage. As science advances and regulations become more protective, more properties have been identified with some type of contamination.

Prior to 1995, purchasing a property that had contamination meant that the new owner was legally liable. Many private companies were unwilling to purchase redevelopment property for fear of becoming liable for what was found in the soil or groundwater.

The bottom line: Part 201 instituted new mechanisms to incentivize companies to purchase and re-develop sites, while also offering legal protections if they took certain actions to mitigate and remediate contamination. Some lawmakers and advocates in the environmental advocacy community are attempting to undo these changes that would hamper future redevelopments and make it more challenging and costly to redevelop and reuse brownfields.

What we’re saying: The MI Chamber is focused on ensuring that any changes made to Part 201 lead to more and smarter property redevelopment, not less. Members and industry experts have been communicating the importance of finding common ground on amendments to the law. Strong focus has been placed on:

  • Ensuring stakeholders understand how Part 201 works.
  • Showcasing how the law has led to thousands of contaminated properties being addressed.
  • Realizing that regulations must allow businesses to invest in their communities, while being good stewards of the environment, not penalize them.

What’s next: MI Chamber members are encouraged to reach out to Mike Alaimo with any insights or perspectives, or if they have an interest in engaging on this important issue.