Executive Order No. 10-47 (No. 08-19) [Brownfields Economic Revitalization Alliance Program]
WHEREAS, Vermont’s workforce has declined significantly since the great recession
with fewer Vermonters working or looking for work while employers struggle to fill
good jobs; and
WHEREAS, a majority of Vermont’s counties have not returned to pre-recession employment
levels; and
WHEREAS, we must do more to ensure that all of Vermont’s villages, towns, cities and
counties have the tools to strengthen their communities and expand economic opportunity;
and
WHEREAS, economic and community development is a high priority for Vermont’s municipalities,
employers and Vermonters; and
WHEREAS, Vermont has a number of abandoned, idled and underused industrial and commercial
sites and facilities where redevelopment is difficult because of contamination (referred
to as brownfields); and
WHEREAS, developers report complicated issues involved in brownfield redevelopment
projects in areas where development priorities exist (i.e. designated downtowns) —
including State and federal regulations and permitting requirements overseen by multiple
agencies, in addition to liability, lender requirements and other legal concerns —
make them more expensive and complex to pursue and develop; and
WHEREAS, the Brownfields Economic Revitalization Alliance or “BERA” has successfully
utilized technical support and funding from the U.S. Environmental Protection Agency
(EPA) for all of its pilot projects to date; and
WHEREAS, the EPA recognizes the importance of BERA and continues to provide technical
support and funding for BERA pilot projects; and
WHEREAS, the BERA serves an essential function in coordinating and prioritizing the
deployment of State and federal resources to assist and guide developers of properties
facing environmental and permitting challenges in evaluating, planning, and mitigating
hazards; and
WHEREAS, for Vermont to expand its economy and attract employers, the Governor has
identified the need for a coordinated, predictable and transparent process for brownfield
redevelopment projects while also protecting public health, safety and the environment;
and
WHEREAS, in order to ensure effective and efficient planning related to hazard and
environmental mitigation and permitting related to brownfields redevelopment there
is a need for a “one-stop-shop” to assist landowners and developers with accessing
State and federal resources, navigating regulations and permitting requirements and
planning and coordinating the redevelopment of these properties on behalf of the people
of Vermont.
NOW THEREFORE, BE IT RESOLVED, that I, Philip B. Scott, by virtue of the authority
vested in me as Governor do hereby formally constitute the Brownfields Economic Revitalization
Alliance (“BERA”) Program, to coordinate, utilize and deploy all available federal,
State, private sector and volunteer and non-governmental agency resources, including
funding, in the remediation, permitting and redevelopment coordination of BERA Program
designated properties as follows:
I. BERA Program Governance.
The BERA Program Executive Committee shall receive, review and act on recommendations
from the BERA Working Group to designate new BERA Program projects and review progress
on existing BERA Program projects as needed, but not less frequently than semi-annually.
The BERA Program Executive Committee shall consist of three tiers of members, as follows:
1. Secretary of the Agency of Commerce and Community Development (ACCD), the Agency of
Natural Resources (ANR) and the Agency of Transportation (AOT).
2. Not more than 12 non-governmental members appointed by the Governor, to include leaders
in community planning, environmental remediation, economic development and finance,
housing and commercial real estate.
3. State program members to be identified by the BERA Program Executive Committee, to
include program staff from ACCD, AOT, the Department of Environmental Conservation,
the Department of Health and the Governor’s Office.
The BERA Program Executive Committee shall be chaired by the designated representative
of the Department of Environmental Conservation Brownfields Program.
The BERA Program Executive Committee may, in its discretion, consult with federal
government representatives, private sector professionals and volunteer and non-governmental
organizations for information and advice on best practices.
The BERA Program Executive Committee shall provide an annual report to the Governor
on the status of the Coordinated Project Plans.
II. BERA Working Groups Charge and Process.
The BERA Program Executive Committee shall, with respect to each designated redevelopment
project, establish BERA Working Groups to support the BERA Program’s mission, drawing
membership from any agency or department of State government to participate in and
coordinate planning, permitting and remediation activities as part of each brownfield
redevelopment project. Any conflicts resulting from these cross-agency designations
shall be resolved by the Governor’s Director of Affordability and Economic Growth
Initiatives.
A BERA Working Group shall meet at the call of the BERA Program Executive Committee
Chair as needed but not less frequently than quarterly, and consist of program staff
from ANR, ACCD and AOT. The focus of BERA Working Groups shall be to identify BERA
Project Team members and coordinate site characterization and project permitting and
prioritize State and federal funding for remediation and redevelopment activities.
The BERA Working Groups shall update the BERA Program Executive Committee on each
Coordinated Project Plan not less than semi-annually to ensure each identified State
governmental participant fulfills and executes its respective responsibilities outlined
in the Plan.
III. BERA Project Teams.
A BERA Working Group shall designate a “Project Team” for each BERA Project to consist
of stakeholders for that project such as State, federal, regional and local entities
that can facilitate the successful completion of the designated redevelopment project.
• Single Point of Contact: The BERA Executive Committee Chair shall appoint a State BERA Project Team Lead from
each BERA Working Group dedicated to be the point of contact for a BERA Project Team.
The BERA Project Team Lead shall address concerns related to the designated redevelopment
project as well as challenges associated with the implementation of the Coordinated
Project Plan, including coordination with the federal and State agencies responsible
for resources, regulation and permitting and work with other relevant cooperating
federal, State and local agencies, private sector professionals and interested third
parties as needed.
• Coordinated Project Plan: Each BERA Project Team Lead shall develop a Coordinated Project Plan (Plan) at the
start of each redevelopment project. The Plan shall: 1) list the roles and responsibilities
for all entities to provide resources, perform environmental reviews or grant authorizations;
2) discuss a remediation strategy; 3) outline plans and a schedule for outreach, coordination
and BERA project completion; 4) set a schedule for coordinated BERA Project Team meetings;
5) identify funding opportunities and gaps; and 6) identify the point at which the
BERA project is “complete,” signifying the end of BERA Working Group and BERA Project
Team involvement. Assignments within the Plan shall be based on functional capabilities
and statutory responsibilities of each member of the BERA Project Team.
To make the Plan viable and fulfill the mission of the BERA Program, all State governmental
participants must execute their assignments when called upon.
IV. Effective Date.
This Executive Order shall take effect upon execution and shall expire October 1,
2025, unless extended by the Governor [extended by Executive Order No. 06025 (codified
as 10-51)].
Dated October 9, 2019