Section 34 Missouri Department of Economic Development Implementation Guidance

• Library: Environmental Law 2002 Supp Replacement chs

The implementation of the Brownfields Redevelopment Program
is the responsibility of DED, which is granted rule-making
authority for the program. Section 447.718, RSMo 2000.
In response to this legislative mandate, DED promulgated the Brownfields Redevelopment Program (Guidance), available at http://www.ded.state.mo.us/business/economicassistancecenter/summarysheets/
taxcredits/redevelopment/brownfieldredev.shtml, on how the program would be implemented. After several months of meetings with affected parties, the final document was released for distribution in December 1996 and amended in September 2001. This section highlights various aspects of the program.

The Guidance, at Section B, sets forth the application process. It references an application checklist, together with other documentation, which is part of the program materials. Those documents are contained in §20.46 below.

The first step involved is the eligibility determination. DED estimates that the review will require from two to four days. The applicant must submit the information contained in Section A of the checklist, together with a Certification of Applicant and Local Government Endorsement. See §20.47, infra.

The site may be eligible for a due-diligence grant. The grant is a funding mechanism not referenced in the abandoned property, redevelopment projects law, §§ 447.700, et seq., RSMo 2000 and Supp. 2001. But the DED has, in an effort to facilitate a review of the potential environmental issues of properties contained in the local governments’ inventories, established this funding to cover investigation costs. To access the funds, the developer will file the information requested in Section B of the Checklist. If approved, DED and the local government would negotiate an agreement regarding the use of the grant. The grant would provide up to 50%...