Vermont has enacted new legislation, the Brownfields Reuse and Environmental Liability Limitation Act (BRELLA), intended to enhance brownfields reuse efforts across the state.  BRELLA replaces the previous brownfields cleanup law, which was known as the redevelopment of contaminated properties program.  BRELLA preserves many features of the prior law and adds provisions intended to enable more projects to access the benefits provided by the brownfields program.

Under BRELLA, properties no longer have to be “vacant, abandoned, or substantially underutilized” to be eligible to participate in the program.  The new law defines eligible brownfields as “real property, the expansion, redevelopment or reuse of which may be complicated by the release or threatened release of a hazardous material.”  A limited release from liability has also been added.  This limited release allows brownfields developers to withdraw from the program prior to completion of a cleanup and still receive a level of protection from environmental liability.  This provision is designed to address situations where unforeseen circumstances are encountered, making cleanup financially difficult to achieve under current market conditions.

For projects that proceed through cleanup, BRELLA provides a release that protects the brownfields developer from the risk of environmental liability for newly discovered contamination or changes in the regulatory scheme. 

This release is transferable to successor property owners.  BRELLA also provides access to low interest loans for cleanup and confers priority treatment for other brownfields assistance.

For additional information, or to discuss a brownfields project, contact Don Einhorn, Brownfields Project Manager, at (802) 241-1093.