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RIGHTING THE WRONG - A MODEL PLAN FOR ENVIRONMENTAL JUSTICE IN BROWNFIELDS REDEVELOPMENT ~D 1- International IA\ City/County \cy!~!A Association icma,org /'.. .... I (,/ {..;} I'v.:! rk:.sc SS- j()rJ ~.: ,~ 0 ~ ,-,/' 1__ A PUBLICATION OF THE SUPERFUND! BROWNFIELD RESEARCH INSTITUTE Righting the Wrong A Model Plan for Environmental Justice in Brownfields Redevelopment Molly Singer ABOUT leMA The International City/County Management Association (lCMA) is the professional and educa- tional association of more than 8,000 appointed executive administrators serving local governments. Members manage cities, counties, towns, townships, boroughs, regional councils, and other local governments in the United States and throughout the world with populations ranging from a few thousand to several million people. Founded in 1914, IC\1A pursues the mission of enhancing the quality oflocal government through professional management. Its members turn to ICMA for information, research, and technical assistance on many issues of special interest. ICMAS management assistance includes a wide range of publications, training programs, research, information, and training services. ICi\1A's Research and Development Department seeks to enhance the quality of local govern- ment management through information sharing, technical assistance, research, and partnership building among concerned stakeholders. The Research and Development Department has been studying the role that local government can play in a variety of brown field issues through a coopera- tive agreement with the U.S. Environmental Protection Agency, Cooperative Agreement No. CR- 825713-01-0. Other ICMA publications made possible by this cooperative agreement include: Redevelopment 'Tools f01- Environmental Justice (video) Beyond City Limits: Best Practices from ICMA's 1998 B1'ownfield Pee1- Exchanges Beyond Fences: Brownfields and the Challenges of Land Use Conn-ols Building New l\IIarkets: Best P1-actices from ICWA's 1999 Brownfield Peer Exchanges Land Use Controls on BRAC Bases: A Special Report from IC?vIA~' Base Reuse Consortium Putting the Pieces 'Together: Local Gove17lment Coordination of Brownfield Redevelopment Snapshots: A Preliminary Rep017 on the 1998 Brownfields Showcase Communities For more information on ICMA Brownfields research, please contact: Molly Singer International City/County Management Association 777 North Capitol Street, NE, Suite 500 Washington, D.C. 20002-4201 International A City/County \I::V !~!A AssoCiation icma.org ACKNOVVLEDGEMENTS The author expresses sincere appreciation to the many people who provided input and guidance during the preparation of this publication. Particular thanks go to the U.S. Environmental Protec- tion Agency's Office of Solid Waste and Emergency Response. Additionally, I appreciate the careful reading and salient comments provided by: Mosi Kitwana, Lisa Milligan, Dorothy Morrison, and Seth Schofield, ofICMA. Thanks also to the following readers: Miles Ballogg ................. City of Clearwater Kent Benjamin ................ US EPA, Office of Solid Waste and Emergency Response Willa Carson ................. Greenwood Community Health Resource Center Tony Chenhausa ............. Center for Public Environmental Oversight Lori Hernandez .............. University of South Florida Renu Khator ................. University of South Florida Charles Lee ................. US EPA, Office of Environmental Justice Lennie Siegel................. Center for Public Environmental Oversight Vernice Miller-Travis ..... The Ford Foundation Thanks to David Borak ofICMA for sharing his ideas about the roles of local government depart- ments, discussed in Chapter 2. Special thanks is also given to the Dawn Leland, Dharma Pachner, and Dean Kenneth Robinson of the lCMA Publishing and Data Services department for their assistance with the layout and design of the publication. This report was developed under a cooperative agreement between lCMA and the U.S. Environ- mental Protection Agency, Cooperative Agreement No. CR-825713-01-0. The opinions in this guidebook are solely those of the authors, and do not necessarily reflect the views of the u.s. Environmental Protection Agency. All information contained herein is based on the research and expertise ofICMA unless other- wise noted. TABLE OF CONTENTS Introduction: .............................................................................................................. 1 Chapter One: . ...... ........ .... ...... ............ ........................ ...................... ................ ...... .....5 Putting Brownfields and Environmental Justice in Perspective Chapter Two: ....... ........ ........ ........ ............................ .......... .................. ............ .........13 Setting the Stage for Collaboration Chapter Three: ........................................................................................................ 27 Developing and Implementing the Strategic Plan Chapter Four: ........................................................................................................... 41 Applying the Clearwater Model Appendix A: ............................................................................................................. 45 Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations Appendix B: .............................................................................................................. 49 First National People of Color Environmental Leadership Summit Principles of Environmental Justice , , --,.,----,,~--,-,~,~.~,-~,..<<,=,--~~~=-~*"-~=..,'"~-*,~,--'-'-"'<<"'=""""""""="'>>>>'='*"" Working in economic development, you hear a lot about environmental justice and environmental racism. . . . It all made me a little uneasy, at first. But, the planning was extremely beneficial to the city. I am very glad we engaged in this process ""-=~;;Ball~;g, ~~emct~r of ;0~~~7;ld'S and ~~;erm;<<zo~;~~;ra~~" " City of Clearwater INTRODUCTION What is environmental justice (EJ) and how does it apply to the brownfields redevelopment efforts oflocal governments and communities? These are issues that ICMA has been addressing-directly or indirectly-for several years. This report will help local governments and communities approach environmental justice and brownfields redevelopment in a comprehensive manner that considers the perspectives of stakeholders and the resources and concerns of local government agencies and departments. This report is the culmination of two years of work by leMA; the City of Clearwater; Florida; Clearwater's numerous community groups; the University of South Florida; and Florida A&M University to develop a model plan that local governments and communities can use to re- solve environmental justice issues, and develop solutions as they redevelop brownfields. Students and staff members from those organizations formed the research team that documented the Clearwater process of developing an environmental justice action agenda. ICMA's work with local government officials and community groups on brownfield and environ- mental justice issues has occurred on many fronts-a sign of the complex nature of environmental justice. ICMA has been addressing environmental risk assessment and communication issues, public health issues, economic development, and brownfields redevelopment. This report is a result of ICMA's research in the brownfields arena, funded through the brownfields program at the Office of Solid Waste and Emergency Response of the U.S. Environmental Protection Agency (EPA). In September 2000, the Clearwater City Council approved the City of Clearwater Environmental Justice Action Agenda, the first known plan of its kind in the United States to be formally recognized and approved on an executive level. The Clearwater Action Agenda details the city's approach to environmental justice and brownfield issues and outlines the steps Clearwater is taking to imple- ment its plan. Based on that experience and coupled with research and feedback from other communities, this report is a guide for local governments and community groups to developing their own strategic process for addressing brown field and environmental justice issues. This report provides a step-by- step guide for local governments that are working to develop similar policies and model plans. Righting the Wrong is not the answer to environmental justice issues for all local governments. Rather, it is a guide that local governments and communities can adapt to their particular circum- stances. The report is based upon the experiences in Clearwater, and is thus heavily supported with examples and anecdotes from Clearwater's project. These sidebars illustrate ideas, kernels of projects, unforeseen barriers to collaboration, and instances of determined cooperation. The examples are not necessarily best practices: in some cases they demonstrate how a good idea can face unforeseen challenges. Nonetheless, there are many good ideas and great results in Clearwater's work, each of which can be used or modified under different circumstances in other communities. The people, policies and processes developed to address brownfields and environmental justice is- sues can be adapted to address other community issues, and a new model for local government and community collaboration. 2 I RIGHTING THE WRONG Best Pradices in Environmental Justice and Brownfields Redevelopment WHAT DOES ENVIRONMENTAL JUSTICE MEAN FOR LOCAL GOVERNMENTS? Upon hearing the term environmental justice, lo- cal government professionals might conjure im- ages of civil disobedience, and other forms of pro- test, lawsuits, and conflict among government agencies at all levels over the legal interpretation of environmental law. However, environmental justice and its accompanying issues are-for all practical purposes-everyday matters for local government professionals who regularly deal with land use, service delivery, and other aspects of pub- lic administration that are subject to charges of in- equitability. Environmental justice should be ad- dressed using the same ethical codes, professional standards, and management tools that all local gov- ernment professionals draw upon to improve the quality of life of local residents every day. Local governments and communities are mu- tually responsible for addressing the multifaceted issues around environmental justice and brownfields for any of the following reasons: · To enforce or comply with environmental, legal, civil, or health laws · To change public perceptions of a blighted neighborhood or disenfranchised community · To increase property values and revive economic activity in an area · To address potential threats, such as fire hazards · To equitably service all communities in the jurisdiction. METHODOLOGY InJune 1996, EPA selected the city of Clearwater for a regional brownfields assessment pilot project and awarded it $100,000 to encourage Clearwater to redevelop 1,842 acres and 217 potentially con- taminated sites for economically and socially pro- ductive uses. Clearwater was able to use its desig- nation to obtain a $500,000 state grantto help with redevelopment efforts. ICMA joined the project in 1998, following an exchange of ideas between a Clearwater offi- cial and an ICMA staff member about environ- mental justice, brownfields redevelopment issues, and ways that local governments could more ef- fectively deal with these two inevitably linked policy areas. The Clearwater official mentioned the city's ideas about formally addressing the is- sues in specific neighborhoods and incorporat- Introduction I 3 ing these efforts into general service delivery and community outreach. ICMA developed a series of projects in which it would work with the city, brownfield stakeholders and other brownfield practitioners to document the processes of out- reach, education, coalition building, and devel- opment of a strategic plan and action agenda. This work was accomplished through a series of com- munity meetings at which ICMA and brownfields practitioners documented outreach and educa- tion, information sharing, and the solicitation of input from community members. In 1999, ICMA researched the factors influenc- ing the constitution of environmental justice is- sues in brownfields cleanup and redevelopment projects. The research findings were captured in Clearwater's model strategic plan. This plan, drawn from Clearwater's experiences and intended for local governments, addresses environmental jus- tice issues comprehensively and provides local governments with tools to incorporate environ- mental justice concerns into their local land use, community development, and environmental de- cision making. Clearwater's plan was conceived of and developed through a series of working sessions with city, county, and community representatives and represents a consensus-based approach. In 2000, ICMA introduced the plan and dis- seminated its research findings through forums and local meetings in Clearwater. During the forums, participants exchanged information and stake- holder perspectives on environmental justice is- sues as they related to redevelopment decisions. The feedback at those forums and from local gov- ernment officials, community members, and other stakeholders informed this report, which is di- rected to brownfield and environmental justice stakeholders. The research was conducted at brownfields conferences, in communities and in informal settings. HOW THIS REPORT IS ORGANIZED In addition to this overview, plus appendices, this report is divided into four chapters. Each chap- ter considers a different aspect of environmen- tal justice in brownfields redevelopment and lo- cal government approaches to that aspect. The chapters unfold according to the steps that local governments and communities could take to de- velop a formalized approach to ensuring atten- tion to environmental justice issues in redevel- oping brownfields. 4 I RIGHTING THE WRONG The first chapter provides general background and national context on the issues surrounding environmental justice. It is not, however, meant to provide a comprehensive national history of environmental justice. The first chapter also fo- cuses on environmental justice as a local issue to be folded into land use, service delivery, and other social, political, and cultural topics that are unique from community to community and depend on frank dialogue, good faith community participa- tion, and local government coordination. The second chapter discusses ways that local governments can work to develop systematic ap- proaches to environmental justice issues in the context of brown fields redevelopment. This chap- ter includes ways that local governments can pre- pare themselves through education, creation of an inventory of their own resources, and identifying strategic partners in developing their own envi- ronmental justice plan. Chapter 3 outlines the specific steps local gov- ernments can follow to conduct outreach and de- velop an action plan. The chapter discusses the importance of communicating early and often, in- volving community leaders, establishing commit- tees and work groups, and setting forth goals. The chapter is peppered with insights drawn directly from the Clearwater project. In general this chapter discusses the importance oflaying the groundwork, developing relationships and, devising mechanisms for using those relationships in creating an actual planning and implementation process. The fourth and final chapter, provides an over- view into ways that communities and local gov- ernments can use the environmental justice and brownfields planning process as a model for im- proving delivery of a range of services and the con- sideration about where to place social, cultural and environmental centers in communities. The envi- ronmental justice and brownfields planning pro- cess can also be used as a model for improving civic engagement and community awareness regarding multifaceted issues. This process also provides guideline local governments can use in examining their own approaches to intragovernmental coor- dination of multifaceted issues. In sum, this publication is designed to be a guidebook for local governments and community groups in developing policies and approaches to environmental justice and brownfields redevelop- ment in their communities. Stakeholders can use this report as a primer, modifying its lessons to accommodate conditions and circumstances in their own communities. WHO IS THIS REPORT FOR? HOW SHOULD IT BE USED? This report is intended for local government offi- cials and community groups as a tool to develop a systematic approach to addressing brownfields and environmental justice issues. It is intended to be a how-to guidebook for stakeholder to approach col- laborative problem solving and land use and com- munity planning. How this document is ultimately used depends on the skills, resources and context of brownfields and environmental justice issues in par- ticular communities. It can be used in its entirety-from start to finish-as a primer for local governments and community groups addressing environmental justice and brownfields issues. This might be especially the case for communities and local governments that have not worked together before, or are approaching environmental justice and brownfields issues for the first time. This docu- ment can also be used in parts by communities that are adept at community outreach and environmen- tal justice issues as a reference for new approaches and examples of best practices. The ultimate goal of this report is for readers to see what Clearwater has accomplished, and take the steps outlined here and create it in their own communities. CHAPTER 1: PUTTING BROWNFIELDS AND ENVIRONMENTAL JUSTICE IN PERSPECTIVE In the past decade, the civil rights movement has run parallel and become entwined with the envi- ronmental movement, raising environmental justice issues from both vantage points. From one perspective, it is sad that two of the great social movements of the twentieth century have come to a face off, largely in the setting of faltering urban environments and shifting social and political sce- narios. But from another perspective, this tension between civil rights and environmental rights can actually be an opportunity for genuine social, cultural and legal progress in this age where economic settings and social conditions in other countries often take precedent over what is happening in our own neighborhoods. CONTEXT OF BROWNFIELDS AND ENVIRONMENTAL JUSTICE The intersection of brown field and environmental justice concerns results from a number of social, scientific, and economic realities. For example, public health, environmental, and civil rights laws have been interpreted and enforced differently across the country, within states, and from commu- nity to community. Also, various populations have experienced different amounts of exposure to harmful chemicals, noises, smells, and other environmental offenses in residential neighborhoods, schools, and workplaces. Improvements in technology and monitoring techniques have demon- strated how and where faulty assumptions were made in calculating levels of exposure and assessing and managing risk in situations involving environmental contamination. Culture and history have also contributed to the creation of brownfields and the emergence of environmental justice concerns. The United States has an unfortunate history of discriminatory zon- ing, land use, and real estate practices. Ethnic and racial minorities have been the victims of discrimi- natory practices that have been deeply institutionalized in bank lending and real estate practices, and in the delivery of social and civic services, such as school construction and street repairs. Finally, policies and practices once kept individuals and groups from fully participating in the decision-making process have contributed to the conditions that create brownfields and concerns about environmental justice. In the same way that no one factor or institution created all of these conditions, no one person or institution can be expected to single-handedly address them all. Rather, it is the responsibility of each of them to pro-actively address the circumstances as they exist-- using current resources and adapting programs-- to develop new policies and approaches that resolve current problems and prevent brownfields and environmental justice issues from emerging in the future. RECENT HISTORY OF ENVIRONMENTAL JUSTICE National Perspective The first popularly acknowledged environmental justice case occurred in rural Warren County, North Carolina, in 1982. The county was selected as the site for a polychlorinated biphenyl (PCB) landfill. News of the planned landfill created widespread protests in the largely African American community. The protest did not block the landfill but did draw national attention to the issue ofEJ. This effort also caused individuals and groups in both urban and rural communities and on Native American reservations to re become engaged in civic and environmental issues, particularly envi- ronmental justice. These groups have also formed formal and informal networks around the coun- try to create a web of advocacy in regard to environmental justice issues and policies. 6 I RIGHTING THE WRONG Chapter 1 I 7 TERMS USED IN THIS REPORT (Continued) loans.. enforcingdefal.lltedrnortgages,.prassumingpwrietship.df deHnq .~holders. .Uke.commtitlity, the termstakeh9tdt~tshpuldn()tconnqt~..anyspft: ~()addressin9. .0~~"~\tiattngen"irorlTllel"ltarJlJstite j~sue~i ~~~t~g~c:Plan!s. adoC:~rl1~?~thatartic:ulat~si3Position()r..goal...f()rp)locatg.()\(ern~entots~akeT .~~I(i~tgrol.Jp. Astrat~gi~pI~particlJ.latesgeneralgqals and desired.. outcomes in addressing a pan: ticulatco ~~gicpl~lI'l~oeshotdesignatespedfic projects. ntSAct pr:~hibit~recipients qffederalfinancialassi~tClncefrotn discrimil"latingon lo;cornati()naloriginifltheirp~?~ti3rnsor activities. TitleVI itSelfprohibi~ili;te~7 nCjI()~. ..lJnder EPA's Title VrimplemE!~tip~~~gulations.EPA:~furldE!da.gendesar~Bmrit>r gacts.includingpermitting .actions;thatare intentionaUy(iiscriminatory .pr hc:lveadi~i egbasedonrace. colqr, or. nation~18ri$ip.EPA. hasbe~flf'cti"elyaddres1>ingTi~le\l1 a series of gQidefines for communitY r'l1E!mbers and th~tecipi~nt~off~dE!ralfllnds. . Environmental equity and justice issues in the United States came to the forefront in 1987 when the United Church of Christ Commission on Ra- cial Justice published a landmark study titled 'Toxic lfOste and &lce in the United States. The study found that three out of five African Americans and His- panic Americans were living in communities with uncontrolled toxic waste sites. The study is con- sidered to be the first to nationally address the sit- ing of toxic wastes in minority and low-income communities. It spurred President Bill Clinton, in 1994, to issue Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Lou'-lncome Populations. the execu- tive order mandates to mitigate environmental injustice. Appendix A contains the text of Execu- tive Order 12898. Grassroots, environmental, and faith-based groups have been important participants in the en- vironmental justice movement since its early phases. In October 1991, community, environmental, and public health groups concerned about environmen- tal justice came together in Washington, D.C. and adopted the Principles of Environmental Justice at the first national People of Color Environmental Leader- ship Summit. These sixteen principles represent goals of the environmental justice movement. They appear in their entirety in Appendix B. Environmental justice can be a double-edged sword, with environmental concerns and economic opportunities cutting both ways. Communities that have inherited an undesirable legacy of the U.S. industrial economy (abandoned, and potentially contaminated, areas that were once used for in- dustrial and commercial purposes) are subject to health hazards and deserve protection. However lenders, investors and developers fear that involve- ment with these sites may make them liable (through the Comprehensive Environmental Re- sponse, Compensation and Liability Act - CERCLA-- liability provisions) for cleaning up contamination they did not create. This fear drives them to develop previously undeveloped areas, further removing economic activity from the ur- ban centers that need it. The situation doubly plagues the urban community because its contami- nated properties do not get cleaned up. The result can be blighted areas rife with abandoned indus- trial facilities that create safety and health risks for residents, drive up unemployment, and foster a sense of hopelessness. To address environmental justice issues, the fed- eral government, in particular the United States Environmental Protection Agency (EPA), has taken a number of significant steps. In 1993, the National Environmental Justice Advisory Coun- cil ~'EJAC) was established by charter to provide independent advice, consultation, and recommen- dations to the EPA Administrator on matters re- lated to environmental justice. The NEJAC is made up of twenty-five members, plus one desig- nated federal official (DFO), who serve on a par- ent council that has seven subcommittees. Along with the ]\''EJAC members who fill subcommittee posts, an additional thirty-nine individuals serve on the various subcommittees. Executive Order 12898 established an Inter- agency Working Group (IWG) on Environmen- tal Justice chaired by the EPA administrator, and consisting of the heads of eleven departments as well as several U.S. agencies and White House offices. Besides the EPA administrator, these in- 8 I RIGHTING THE WRONG clude the Departments of Justice, Defense, En- ergy, Labor, Interior, Transportation, Agriculture, Housing and Urban Development, Commerce, and Health and Human Services, the Council on Environmental Quality, the Office of Management and Budget, the Office of Science and Technol- ogy Policy, the Domestic Policy Council, and the Council of Economic Advisers. The Nuclear Regulatory Commission and the National Aero- nautics and Space Administration have also par- ticipated in the IWG. The IWG established eight task forces to concentrate on areas requiring the most coordination: 1) Research and Health, 2) Outreach, 3) Data, 4) Enforcement and Compli- ance, 5) Implementation, 6) Native American, 7) Guidance, and 8) Interagency Projects. Each task force is chaired by two agencies with representa- tion from each of the participating agencies. Brownfields redevelopment is closely associated with environmental justice because it targets the remediation and redevelopment of properties in neighborhoods that have traditionally been underserved and have not benefited from eco- nomic prosperity. EP.Ns brownfield efforts paral- lel its environmental justice efforts in terms of ad- dressing environmental, economic, and social con- cerns. EP.Ns brownfield programs address four categories of brown fields redevelopment: national pilot projects, clarification of liability issues for property owners and potential property owners, partnerships and educational outreach, and job development and training. The EPA has awarded brownfields pilot cooperative agreements to states, cities, towns, counties, and tribal nations since the inception of the program. EPA has attempted to address the concerns of communities, lenders, property owners, local governments, and others by clarifying relevant liability issues in order to encourage the purchase, cleanup and redevelop- ment of sites that might otherwise be avoided be- cause of to an exaggerated sense of risk. EPA has long been trying to coordinate its brownfields pro- gram and resources with the efforts of other EPA media offices, as well as with those of other fed- eral agency programs, at the national, regional and local levels. EPAhas also established partnerships to foster workforce development through environ- mental education and the recruitment of students from disadvantaged neighborhoods to fill jobs that can be created by the cleanup and redevelopment of brownfield sites. Environmental justice advocates are working closely with developers to ensure that any devel- opment that occurs does so without endangering the health and environment of neighborhood members while also making new economic oppor- tunities available to them. In sum, environmental justice advocates are working to ensure that brownfields are not replaced by other polluting or otherwise unsafe entities. STATE PERSPECTIVE A state environmental agency can find itself in a dilemma about how to be a flexible regulatory agency that assists businesses and industries that provide jobs and services while being a good com- munity citizen by enforcing environmental laws and cleaning up properties. Over the past decade, most states have developed flexible programs to work with property owners and prospective prop- erty owners to clean up sites to acceptable stan- dards without suffering costly enforcement actions that potentially can harm long-term land values. State-run voluntary cleanup programs (VCPs) and prospective purchaser agreements (PPA'i) have been adopted widely by states to address the poten- tial conflict of maintaining a system that promotes economic activity and expands the tax base, while cleaning up past environmental damages and pre- venting future damage. Likewise, states are includ- ing facility-siting guidelines in their policies. PPAs are designed to facilitate cleanup and productive reuse of a property, especially when contamination is an obstacle to use or transfer of the property. Voluntary Cleanup programs and PPAs are first negotiated between EPA and state environmental agencies with federal agencies delegating enforce- ment authority to the state. Individual PPAs are le- gally binding agreements between the state envi- ronmental agency and the prospective buyer. The specific provisions of a PPA vary from state to state depending on the nature of state laws, but the general conditions are fairly uniform. The minimum requirements are usually as follows: there is contamination at the property and the law requires that it be cleaned up; the prospective pur- chaser is not responsible for causing the existing contamination at the property; the prospective purchaser's proposed use for the property will not make contamination worse or interfere with nec- essary cleanup; a substantial public benefit will result from the agreement. PPAs have been crucial to the redevelopment of brown fields and the abatement of environmen- tal injustices. Through various PPA programs, in- vestors can receive assurances that they will not be held liable for unforeseen pollution on a site. Many states also have programs that provide in- centives for individuals to buy and develop previ- ously blighted properties, bringing the needed eco- nomic investment into communities and address- ing ongoing environmental issues. The degree of cleanup is negotiated between the prospective purchaser (or current property owner) and the state. To qualify for a PPA, cur- rent or prospective owners cannot currently be under an enforcement action for the site and can- not have contributed to or exacerbated existing contamination. The degree of agreed-upon remediation depends on the local land-use juris- diction and the anticipated future land use at or around the property. After appropriate cleanup to the negotiated levels has taken place, property owners receive a letter from the state agency stat- ing that there will be no enforcement measures Chapter 1 I 9 against the property for any contamination exist- ing as of that date. For example, if additional con- tamination is found in the future, the buyer will not be responsible for cleaning up that contami- nation if it is determined to have been part of the contamination problem that existed before the buyer's purchase of the property, and if the buyer has fulfilled all obligations under the PPA. The previous owner of the property, or in some cases the state, will be required to take care of the prob- lem. Prospective buyers like the PPA program be- cause it provides a clear delineation of obligations. PPAs are recorded in the county real property records. Such documentation travels with the deed of the property so that all future property owners are released from liability for contamination as of the cleanup date on that site. States are addressing environmental justice issues from a range of organizational perspectives, not just within their environmental agencies. While states may not have formal environmental justice policies, they are increasingly conducting land use and com- munity planning that affects local programs, includ- ing brownfields redevelopment. Land use and water and growth policies established by states are gener- ally enforced by county governments or other local jurisdictions. In these situations, state policy often affects more than just the targeted land or water is- sue. There are often community, economic and en- vironmental justice issues that are affected by the natural resource issues. For example, state policies that encourage infill development and discourage urban sprawl often target economically and socially disadvantaged communities to benefit from the de- velopment of new programs. Such policies must be considered across a range of state and municipal agen- cies so that the effects of one agency's actions on another's program area can be managed. In such a case, coordination and planning among state agen- cies produce the best benefits for communities. LOCAL PERSPECTIVE Local governments are often the inheritors of state and federal policies and programs in that these local jurisdictions are charged with implementing the policies and enforcing regulations. This often cre- ates complications for local agencies because they are forced to coordinate their own service deliv- ery in new ways to accommodate changing state or federal laws. Often, new state and federal poli- cies compel local governments to work together to implement a regional approach to new land use 10 I RIGHTING THE WRONG Florida Perspective Chapter 1 I 11 lf~~~l()ridabrownfielqs.pr()!;@~. ... .....).... ... ........ .~I~p~e~~s~Jfdepenti~(.mandto fqrrlled,(l~iv~ .local goverl'\rrl~n~~n~fitizen p~rtici~~ti9".~ls<?~Floriq(li.S. reali~' ~~.~.9rll8~st~~~~...in ..de~stigrll(lti~~ng J:>rownfieldsiBottJofthes~!=ongitions..are .acfji agmini~ratio" of the brownfi~h::l~program. policy. \Vhile the opportunity to collaborate may be welcome, often the conditions under which it comes further complicate local land use planning efforts. For example, in two jurisdictions that must coordinate zoning in order to develop better poli- cies for facility siting, changes in one zoning area can have a ripple effect on others. In situations in which cities and counties work together, some- times counties can have an enforcing role in re- gard to cities and be required to coordinate land uses. In this case, one level of jurisdiction can gain the upper hand from coordinated efforts. In recent years, the reclamation of brown fields has become a priority for local government man- agers. The threat of environmental liability asso- ciated with brownfield properties drives develop- ers out of central cities and contributes to a num- ber of problems, including sprawl, urban blight, delinquent taxes, and crime. In the interest of making their localities more livable and attracting and retaining residents and businesses, local gov- ernments are seeking ways to reverse the down- ward spiral that brownfields have helped to cause. This effort includes undoing the effects of envi- ronmental injustice. While the context of brown field and environmen- tal justice issues varies from place to place, there are some basic assumptions that local government officials should consider when developing com- prehensive policies: · Multifaceted problems require multifaceted solutions. As outlined above, the circumstances that create environmental injustices are complex. Likewise, addressing the issues requires complex and creative solutions that go beyond remediating the immediate environmental concern. A local government is best suited to addressing many aspects of environmental in-justice because of the professional social, technical and fiscal resources, and expertise available to it. In developing policies for EJ and brownfields, it is important for local government agencies and staff to coordinate their efforts, communication, and programs to develop comprehensive approaches to the issue. Local governments are also well suited to address EJ issues because they are closest to residents and most knowledgeable about local issues. Local governments are consequently well-positioned to call upon community leaders to generate citizen involvement, and to help craft and implement new policies and programs. · Populations that are affected by environmental justice concerns and brownfields are overwhelmingly economically and politically disenfranchised, usually by the same conditions that created the brownfields. For these reasons, the target population may have a high level of distrust of the government or private sector. This population also may not be accustomed to the usual rules and policies for civic engagement because its members have not formerly participated in the civic process. · Local governments must have an economic development strategy that considers community needs and secures the interest and resources of developers. A redevelopment plan is of no value without the ability to physically revitalize neighborhoods. · ICMA's research shows that local governments that approach brownfields redevelopment in a coordinated manner and that work to understand the perspective of community groups have taken two very important steps toward collaborative problem solving that will prevent brownfields and environmental justice issues from reappearing in the future. · The next three chapters of this report present steps and strategies for local government professionals and community groups to consider when working to systematize a process and develop tools that can be integrated into local government practices across a number of agencies. These steps and strategies are illustrated by examples and practices taken from two years of research in Clearwater, Florida. Of course, populations, economic settings, and local history are unique from neighborhood to neighborhood. For that reason, this can only be the starting point for effective collaboration and partnering to address environmental justice and brownfields issues. The best models will come after practice and fine tuning in new settings. 12 I RIGHTING THE WRONG CHAPTER 2: SETTING THE STAGE FOR COLLABORATION This chapter provides guidance on how local governments can set the stage for a truly collaborative process that identifies and addresses stakeholder concerns in environmental justice issues. Laying the groundwork for strategic plans and action agendas entails a series of housekeeping tasks that local government -or any stakeholder-needs to attend to. These tasks include communicating ideas and gaining support internally, assessing existing resources and programs that may be drawn upon or shared, and identifying potential external challenges and partnerships. Even though the eventual environmental justice partnership and program will be collaborative, it is still important that each individual partner have a program, goals, or ideas to share upon entering the collaboration in order to better understand others' perspectives. Each stakeholder-local government, the private sector, community groups, and others- is really a network of its own and represents a variety of interests. For example, the opinion of s single business owner does not represent the feelings of all private sector representatives. Therefore, before sallying forth to meet with diverse stakeholders, representatives of a single stakeholder group (e.g. private sector interests) ought to understand the multiple perspectives and gain the support of members of that group in order to advocate for those respective issues. The process of conducting outreach and developing policies consists of a number of coordina- tion efforts. Tracking the ongoing ideas and actions can be confusing. The figure below represents steps in the collaboration process. Steps in the Collaborative Process ~ ~ Internal Coordination Resourc:e Inventory Partnerships Define brownfields-related roles of local government de- partments Develop a project champion and executive level support of brownfields and EJ issues Share information with co- workers and solicit input about brownfields Discuss coordination of pro- grams and resources for brownfields Develop a set of goals Local government staff inven- tories its own programs, re- sources and skills as they can be applied to brownfields re- development Human skills: professional and personal skills and experiences that can be drawn upon Physical resources: that could be beneficial to community collaborative efforts (e.g. parks and recreation pro- gramming) Geographic inventory: How and where are city services de- livered? How does service de- livery affect brownfields com- munities? Identify potential partners by brainstorming and looking through records of past projects Partners might include: . Regional entities . State agencies . Federal agencies . Community groups Non profit associations . Social services entities Faith-based organizations . Private sector organizations Contacts inventory: who have been important partners in other city and community col- laborative efforts? The list should include residents. non- profit and social service organi- zations and the private sector. 14 I RIGHTING THE WRONG INTERNAL COORDINATION Local governments have historically controlled the fate of environmental justice circumstances and brownfield redevelopment because of their ties to land use processes. The role that a local govern- ment can play in these issues varies widely accord- ing to the size, skills, and resources of staff. Ide- ally, the local government functions that are brought to bear should include planning, economic development, environmental programs, commu- nity programs (including housing and public pro- grams), and public health education and risk as- sessment. Communities with environmental jus- tice issues often face additional problems such as unemployment, substandard housing, or outdated infrastructure. By coordinating programs and re- sources, an environmental justice project can grow to address other issues at a site aside from the re- development. For example, an environmental as- sessment and the related cleanup activities might be linked with workforce and job development programs through the creation of permanent jobs after the redevelopment. Many jurisdictions' most significant barriers to efficient redevelopment of brownfields and the resolution of environmental justice issues are ones they generate themselves. From project to project, intra governmental challenges tend to be similar: a strong sense of territoriality, different work cul- tures, and differing organizational priorities. Agen- cies and departments have worked hard to carve out specialty niches and resource bases needed to develop expertise and make programs run well. Departments and agencies do not easily concede Chapter 2 I 15 Common Brownfields Related Roles of Local Government Departments Departments Common Roles Economic Development Project management, business recruitment, site identification, mar- keting, consultant hiring, job training, Community Development Block Grant (CDBG) funding control, feasibility analysis, develop- ment of financial incentive packages, research and statistics, com- munity economic education Planning Project management, land use planning, site identification, brownfield database management, technical assistance, consult- ant hiring, public outreach, education, development planning, negotiation with property owners, ensuring compliance with com- prehensive land use plan and zoning regulations Public Works Coordination of local government-owned brownfield redevelop- ment, environmental contract management, infrastructure plan- ning, facility maintenance of property and labor, disposition and reuse of local government owned brownfields Environmental I Solid Waste Project administration, site oversight, development of cleanup stan- dards, remedial action plan approval, remediation planning, site monitoring, prioritization of technical and regulatory material development to assist potential customers, stormwater planning, community outreach, supervision of developer activities, enforce- ment of waste regulations, coordination of site materials removal Housing Community outreach, marketing, residential property redevelop- ment, promotion of public housing developments and affordable housing initiatives, home ownership programs Public Safety Community outreach, site identification, public safety during re- development, fire safety, blight deterrents, youth involvement Engineering Phase I and Phase II environmental investigations, environmental contract management, constructions and infrastructure design Transportation Transportation planning around the brownfield site, traffic con- trol at the site, encouragement of inter-modal transportation cen- ter development, Transportation Equity Act for the 21st Century (TEA-21) project administration, coordination with state depart- ments of transportation Health and Human Services Site sampling plans, coordination with state and federal health departments, enforcement of public health codes during and af- ter redevelopment, workforce development Parks and Recreation Creation and maintenance of greenways, parks, recreational ar- eas, and, waterways; community involvement and education; parks programming; youth programming; natural resources education; greenways planning Legal Legal advice, contract negotiation, liability consulting, design of prospective purchaser agreements (PPAs), title VI compliance. these power bases to work on new projects or co- ordinate with other departments. Often, depart- ments working toward the same goal can start turf wars with one or more organizations asserting to the point that the govemmemnt's larger mission of public service is obstructed. Proper coordina- tion among agencies can reap benefits far beyond what has been sown in time or resources. There are a number of factors that facilitate intragovemmental collaboration. Among them are 16 I RIGHTING THE WRONG information sharing about issues, a project cham- pion and executive level support, assurances that resources and programs will not be compromised through the collaborative effort, and the develop- ment of a set of goals. Information Sharing Often, resistance to new programs from agencies and co-workers is perceived by those trying to implement these programs. The resistance stems more from a lack of information or understanding about an issue than from an outright resistance to collaboration on a project. Peers in other agencies do not necessarily understand what brownfields or environmental justice is and so they do not under- stand how their specialty field, or programs can become tools and strategies to address brownfields and environmental justice. In order to conduct wide spread education, information sharing ses- sions in a neutral setting-such as a brown bag lunch presentation-can enable staff to attend vol- untarily and gain a better understanding of the is- sues and the ways in which they might apply to various departments. For the person presenting the concepts, there are a few important guidelines to remember. First, hand- outs that illustrate ideas or concepts are always help- fu!. Individuals who attend the session will then have a reference that will help them understand the ideas under discussion and that they can hold on to after the meeting. The hand out also provides a means for workers who cannot attend the meeting to still read about the presentation. VVhen presenting ideas about environmental jus- tice and brownfield issues, it is important to foster a dialogue with co-workers about how the issues concern them-personally and professionally. In fa- cilitating the dialogue, the presenter should listen carefully and refrain from expressing assumptions about other programs because it is important th-at all possibilities and ideas be considered. After a se- ries of informal presentations and discussion about brownfields and environmental justice issues, it is important to follow up with co-workers, seeking their advice and professional knowledge, about ways to move forward and coordinate efforts--many of which already exist, but perhaps under rubrics other than brownfields or environmental justice. Project Champion and Executive Level Support The last challenges to intragovernmental coopera- tion is differing priorities among agencies or de- partments that affect their abilities to deliver re- sources for an integrated effort in a community. Departments have their lenses sharply focused on one objective without being able to fully consider how the goals of another department can be met at the same time. One recurring example of this is the perception that economic development and public health must proceed down different programmatic tracks and cannot be addressed in a cooperative manner. In this type of situation, local public health department staffs have felt excluded from early brownfield and environmental justice discussions because of fears among other stakeholders that un- necessary health concerns will be raised that will delay redevelopment projects. On the contrary, lo- cal health professionals feel that early involvement allows them to make important contributions that can expedite redevelopment by resolving questions and issues sooner rather than later. One of the strongest antidotes to intragovemmental breakdown is a program champion along with execu- tive level support for the brownfields endeavor. A lo- cal brownfields advocate who coordinates the mul- tiple aspects of redevelopment, including cleanup, public health, infrastructure, education and commu- nity and economic development, will realize better re- suIts than one who assumes that coordination will hap- pen on its own. The coordination of these aspects also requires a great deal of organization among local agen- cies and groups, each with different expertise and re- sources to share. This coordination requires effective communication, vision-sharing and logistical planning to include all stakeholders with consideration of their differing priorities. In addition to the coordination of people and places, a brownfields coordinator must become a champion of the effort, one to whom others can look for leadership and inspiration in achieving the final goals of redevelopment -- rallying support, promoting the program, and maintaining the overall vision. In a sense, that person ought to be a coordina- tor of morale on the project. The federal, state, re- gional, and local brownfield programs that have had the greatest success with intragovernmental coordi- nation can often point to a single individuals or a small group of individuals that championed the cause. In both the local and federal governments, sup- . port for brownfields redevelopment and environ- mental justice, combined with the abilities to cor- ral resources and finally realize results, is heavily dependent on assistance from top leadership and executives. Such help goes a long way toward ex- panding the depth and breadth of project partner- ships. City managers and mayors can become im- portant champions of brownfields reuse and can offer the publicity and authority to a program that a staff needs for coalition building and resource mining. Also, government and community execu- tives have access to other executives and can use personal relationships to promote the brownfields agenda. Likewise; obtaining buy-in and participa- tion from private sector entities that have good standing or are leaders in the community can ben- efit a program by creating accessing financial re- sources, leadership capacity, and technical support Chapter 2 I 17 for the projects. Brownfields coordinators, private sector representatives, and federal staffers often credit such individuals as the people with the great- est influence on a project. Obtaining their partici- pation can be a key role for a local mayor or city manager--or even a high-ranking federal agency executive-- to play. Local and federal agency staffs, which deal with environmental justice and brownfields "on-the-ground," have noted thatvali- dation of their projects by the private sector has been critical in advancing broader strategies. Preservation of Programs and Resources Regardless of how dedicated an individual is to his or her job, and regardless of how good an idea is, no one wants to be overworked. Likewise, no one wants to see program funds randomly redirected to new projects deemed more important than long standing programs. An important step in developing collaborative rela- tionships within local government is to develop ways to address environmental justice and brownfields is- sues without sacrificing current programs. The ulti- mate goal is to develop and modify existing programs to better meet brownfields and environmental justice challenges without increasing staff workloads. \Vhile it is difficult to know the impact that a project that has not yet begun will have on a spe- cific program or department, there are a couple of ways that staff might be able to think about incorporating new approaches into existing pro- grams. One way is to analyze the components of brownfields redevelopment and the principles of environmental justice and consider how those el- ements are already part of existing programs. The ideas that underlie brownfields redevelopment and environmental justice are not new; rather, they are being given new names and applied in original ways. Communications with Community Members Upon holdi9gcornmunity meetings with residents and local business owners in Clearwater, the local government professionals were surprised and disappointed at some angry reactions from community members. The community members were distrustful of the government and perceived that it had mClde9umerous promises about a range of issues at meetings throughout the years, but had not dE;!liyeredon the promises. When local government staff investigated these pron'l!ses,they discov~ ered that many had been delivered. The local government had done the work itsaidit would do. However, the results of the work were never communicated back to the community, so community members believed that nothing had been done. In this. case, dty employees realized that they had not done an adequate job of following ~pvvith~tleco~rTlunityafter a project. Simple followup and communTcatiqn.withstakeholderscal1 ayertYE;!arsof. mi~perceptions ab~~~.a projE;!5~~. f\l~lI\',aftersu5h meeti9~s,....Clearwater ..of'fi~ial~ ~~~e ...~....pQint~tclelivering .inf()rmationagQY~.Q9~5()!1lI:!~...gi3ckto .cq!1l;; JTlunitYll'lem g.ers j'ilqrderto5omplete1;he . i'ilforll;lationcircle; 18 I RIGHTING THE WRONG Developing a Set of Goals The last important step toward effective internal coordination is to develop a list of goals or steps that the local government wants to accomplish over the course of the project. Even though the project and the goals may change in the course of the col- laborative process, it is important the local gov- ernment staff share an outlook and a set of goals in establishing an environmental justice and brownfields policy. "Without its own clearly articu- lated set of goals, the local government staff will have a difficult time eXplaining what it hopes to accomplish for itself in the pmcess ofthe work. By having a set of goals, even highly flexible ones, the local government will be able to identify what it needs from other stakeholders and from the pro- cess as a whole. Even if the goals change during the collaboration process, the staff can have a uni- fied starting point from which to diverge, rather than move in fits and starts in a number of differ- ent directions. RESOURCE INVENTORY After developing a more comprehensive under- standing of brown fields and environmental justice issues, one good way for local government staffs to work together is to inventory their own pro- grams and resources that potentially can be adapted for or applied to brownfield projects and environ- mental justice issues. Like idea sharing, such an inventory allows staff members to better under- stand each other's programs, skills and resources. VVhen all assets and challenges are laid on the table, staff can work together to find new ways of solv- ing old problems. Inventories can be taken for- mally through a series of questions and inquiries for the most comprehensive results, or informally through brainstorming, an approach that can gen- erate a great deal of creative thinking. An inventory of resources is useful for local gov- ernment staff if only to help them become knowl- edgeable about the range of their jurisdiction's programs and services. Often, community mem- bers do not discern the difference among agencies and departments and expect any staff member to be able to address any local government issue. Also, communities near brownfields and those facing en- vironmental justice issues often perceive that the government is at least partially responsible for the degeneration of conditions. Therefore, the community's trust in government may be weak. If local officials have a solid knowledge of the ser- vices and resources that are delivered to the com- munity and can help individuals take advantage of those, they are starting off on the right foot. There are a number of qualities in local gov- ernment that need to be accounted for in the re- source inventory. Human Skills VVhat skills does staff have that can be used in brownfields and environmental justice scenarios? These skills do not need to be "hard" skills such as computer programming, or budget analysis; they can be the sorts of skills that individuals have ac- quired through their life and community experi- ences as much as through their professional de- velopment. Collaborative projects such as an en- vironmental justice and brownfields strategic plan and action agenda can allow local government staff to apply skills that they do not get to use in their day-to-day work. This approach allows people to recreate what they do and how they do their jobs. Physical Resources VVhat physical resources, such as equipment and storage or meeting spaces, do various agencies or departments have that could be used in a collabo- rative project with stakeholders in brownfields re- development and the pursuit of environmental jus- tice? For example, store housed computers, meet- ing rooms in satellite offices, and storage facilities themselves could all be important contributions to a collaborative effort where community groups routinely do not have access to those sorts of re- sources. Programmatic Resources VVhat projects, programs, or funding sources could be used for brownfields redevelopment and envi- ronmental justice efforts? Again, the components of brownfields and environmental justice issues (blighted environment, neglected infrastructure, public health concerns, inadequate social services) are not new; rather communities are working to develop new solutions. Some communities have found creative ways to use their Community De- velopment Block Grant (CDBG) funds from the Department of Housing and Urban Development. Other communities are using Weed and Seed funds from the Department of Justice or Youth Build Funds from the Department of Labor, to target brownfields communities and environmental jus- tice issues. Not all communities have access to these federal funds, but they can still adapt indi- vidual programs to meet changing local needs. For example, parks and recreation departments and public libraries often have existing educational and outreach programs that serve brownfields neigh- borhoods. Such programs can easily be pulled un- der the brownfields umbrella. Many local governments are adapting federal resources for new or cross-cutting issues, such as brownfields. Many communities have benefited from bringing together state agency representa- tives and federal regional partners to have a meet- ing to discuss how a range of programs can be ap- plied to a specific brownfields and environmental justice scenarios. In these instances, local stake- holders get one-on-one attention and technical as- sistance from their counterparts at state and fed- eral agencies. This sort of meeting works well to coordinate approaches to redevelopment. Geographic Inventory \Vhere are local government services and pro- grams directed and how do they affect brownfields and environmental justice communities? It is im- portant for local government staff to see where their services and programs are being delivered and examine ways that current delivery mechanisms serve communities affected by brownfields and environmental justice issues. Contacts Inventory \Vhile local governments are taking stock of them- selves and their resources in order to better un- derstand programs and to think about new pro- grams, they will benefit from sharing information about outside contacts. \Vho in the community, other local government agencies, nonprofit orga- nizations, the private sector, and the state and fed- eral governments is a valuable resource? Such re- sources can be as important as any tool, funding source, or piece of equipment when it comes to bringing stakeholders to the table for brownfields, environmental justice, or other community issues. A good inventory of contacts among local govern- ment officials is a good starting point for thinking about outside partners to include in the environ- mental justice and brownfields strategic thinking. Again, while the local government officials are not necessarily the drivers behind the development of a plan to address brownfields and environmen- tal justice issues, they are certainly important play- ers. For this reason, it is important that they think Chapter 2 I 19 about what the local government has to offer and to seek out valuable community partners. It is ben- eficial to local government staff to conduct this inventory and to prepare itself for questions and reactions from community members. IDENTIFYING POTENTIAL PARTNERS A third important housekeeping task that local government professionals should attend to when developing a strategic plan is that of identifying potential partners, both inside and outside the government. In all likelihood, internal partnerships have developed on the staff and programmatic lev- els through information sharing and the develop- ment of an internal inventory of resources. And ideally the project is being supported with execu- tive and senior management level support, unify- ing programs and staff across agencies. The next step is to carry that collaborative effort forward among other stakeholders and begin to identify potential partners beyond of city hall. Hopefully, through a community-wide involvement and out- reach process, new partners will emerge and con- tribute to the project. Nonetheless, strategic think- ing at the beginning of the project will help local government staff think broadly about which indi- viduals and communities to involve. Before staff members begin to search their minds and files for good contacts, the local government team should identify everything it can about the targeted com~ munity, including demographics, economics, so- cial centers, occupational information, and other data that will help staff think about potential is- sues, concerns and conflicts in the neighborhood. It is important that none of this research and think- ing replace community outreach; rather it should serve as the preparation before community out- reach occurs. This work can be viewed as the back- ground reading for the project. Community Driven Proc:ess tneactlCln ity.....qdveM.. 20 RIGHTING THE WRONG Partners: The following members have signed the partnership agreement: Broward Soil and Water Conservation District; Broward, Miami-Dade, and West Palm Beach counties; cities of Fort Lauderdale, Hialeah, Miami, North Miami Beach, and Pompano Beach; Florida Departments of Community Affairs and Environmental Protection; Florida International University, Hemispheric Center for Environmental Technology; Greater Miami Neighborhoods, Inc.; Legal Environmental Assistance Foundation, lnc.; Liberia Economic and Social Development. Inc.; Local Initiatives Support Corporation; Miami/Miami-Dade Weed and Seed; National Audubon Society Everglades Ecosystem Restoration Campaign; South Florida Community Development Coalition (representing thirty- nine community organizations); South Florida and Treasure Coast Regional Planning Councils; The Conservation Fund; The John D. and Catherine T. MacArthur Foundation; and The Trust for Public Lands. The identification process benefits from both reflection and brainstorming. Staff members can go through past projects and lists of participants at meetings to remind themselves of individuals who were especially articulate or dedicated to the project, or were widely respected within their neighborhood. Staffers can also think about sup- port from state agencies, regional and federal rep- resentatives, media contacts, and private sector interests. It is important to consider potential part- ners broadly and include the multiple perspectives that environmental justice and brownfields rede- velopment entails. After individuals have had the opportunity to develop a list of names and notes, staff can share their knowledge with each other and identify names and faces to look for while ad- vancing the project through community outreach. During this time, it is also important to think about potential conflicts among partners. Tensions, con- flicts, and differing interpretations of history exist in every community and should be acknowledged as challenges to collaboration.. After the first round of community meetings and outreach activities, local government staff may benefit from regrouping to discuss the potential partners and players who did turn out and to share insights about new or changed faces and names. The Role of Regional Entities Local governments are often involved in region wide partnerships because economic, environmen- tal, and social problems such as poverty, unem- ployment, and environmental contamination can be endemic to entire regions. The same holds true for brownfields and environmental justice issues, which are often similar across jurisdictions. In ad- dition, these issues often have cumulative effects that cross jurisdictional boundaries. There are a number of benefits for local governments and com- munity groups in using regional entities to address brownfield redevelopment including: · Enabling the resources of multiple governmental jurisdictions, private sector firms, community groups, and nonprofit organizations to be shared to solve problems associated with brownfields · Promoting the use of nontraditional management techniques and problem-solving methods · Facilitating and coordinating services that more logically spread themselves across jurisdictions, such as public transportation. Chapter 2 I 21 Metropolitan planning organizations (MPOs) can be great regional partners. MPOs work across ju- risdictional boundaries to determine transporta- tion needs and resource needs. In metropolitan areas, U. S. Department of Transportation funds are funneled through MPOs to local jurisdictions. Given their familiarity with federal funding, MPOs can be important partners in strategizing for fund- ing and in developing comprehensive land use and transportation plans. The City of Clearwater relied on the FAMU Cen- ter for Environmental Justice and Equity and the USF center for Brownfields Rehabilitation to also serve as Regional representatives to bring an area wide approach to the action agenda and to con- nect Clearwater with regional perspectives and resources. The Role of State Government High environmental assessment and remediation costs involved in brownfields and environmental Lessons Learned in Clearwater In the Clearwater environmental justice and brownfields program, representatives "and stakeholders consisted primarily of'commu" nity members, city employees, and no~profit organizations. There was very little PClrtiSi- pation from the private sector.Jhepirector of the brownfields program Jqrthecityof Clearwater, upon reflecting,would have in- cluded more private sector i nterestsJrom~he onset of the project. In Clearwater's North Greenwood neighbor" hood, local social service organizations formed an informal association to provide a forum where representative from the indi- vidual community groups can share ideas and work together in addressing the issues and concerns that are common to these groups. The organization worked with the city to promote meetings and educate citizens about brownfields. Representative of the association posted fliers, hosted mee~,ir:lgs; and participated in the EnvironmemalJus- ti~~~I~nning ActionTeam, agroupofstake- ~ql~e(s.~orking with!~~5i!~BfClearwater to il'Tlpl ernel'lt the ac;~j9nagenda 22 I RIGHTING THE WRONG justice projects can often be a hardship for local governments and the small businesses they work with. Involving the expertise and capital of state environmental agencies might lessen the fiscal burden for local government. Many states have included land reuse directives in their overall land- use and planning guidelines and have provided economic incentives toward brownfields reuse and redevelopment. State agencies can bring their of- ten-superior resources and more-expert person- nel to bear in specific areas, such as environmen- tal issues or public health programs. States also have the resources, authority, and responsibility to enforce environmental and public health laws. Such enforcement is often the best incentive to redevelop properties. Memoranda of Understand- ing (MOUs) between local government and com- munity groups and state government agencies help partners coordinate activities and determine the scope of a project partner's work. The Role of the Federal Government The federal government can provide both fund- ing and technical assistance and expertise to local governments facing environmental justice issues. Thirty federal agencies offer a number of resources, grants, loans and technical assistance to communi- ties that are addressing brownfields issues. In some ways, many of the federal brownfields programs are re-castings of other programs, modified to address the specific characteristics of brownfields. For ex- ample, the Department of Housing and Urban De- velopment (HUD) offers the Brownfields Economic Development Initiative (BED!) that gives grants and loans to jurisdictions to help finance brownfields redevelopment activities. This program is very simi- lar to the Economic Development Initiative (EDI) which funds general revitalization activities. Other newer programs are still testing themselves against the practical needs of communities. For example, HUD has designated some of its staff, Community Builders, and given them the task of helping com- munities redevelop brownfields. The Environmen- tal Protection Agency has been adapting and modi- fying many of its programs to better address brownfields challenges. The Role of Communities Within a jurisdiction, even within the same few blocks, several communities may co-exist. Local business owners who know each other and work together are a community, as much as local ethnic groups, parents and local residents. Often an indi- vidual might be a member of several communi- ties. For example, a local Hispanic business owner who lives in the neighborhood is aware of the is- sues that business, residents, and Hispanics all face. Most local governments understand the impor- tance of involving community members in the decision -making process. Many successful brownfields redevelopment and environmental justice programs involve community groups in the early planning stages of a redevelopment project in order to help create a sense of ownership in com- munity problems and their solutions. Bringing lo- cal residents to the table when planning for a brownfield redevelopment benefits the project in several ways: · Integrating neighborhood ideas into the redevelopment helps the community develop a sense of ownership of the problem and its solutions. This can help prevent abandonment of properties. · Familiarizing local residents with community development and public administration issues facing the community enables them to participate more freely with local government officials and private sector partners. · Knowing the community's needs and wants can help the local government shape the redevelopment and prevent disagreements from occurring and thus speeding the process of redevelopment. The Role of the Private Sector Private sector entities, including banks, consulting and engineering firms, private developers, and local busi- nesses are important parmers in addressing environ- mental justice issues and in redeveloping brownfields. In practical terms, the private sector holds the keys to economic revitalization, which is often a crucial ele- ment in addressing environmental injustices. Produc- tive working relationships with private sector com- munity members enable appropriate communication and collaboration to occur that will help ease persis- tent environmental, social, and economic inequities. Representatives from the private sector can often pro- vide insight into economic activity, job creation, and other aspects of redevelopment. Also, like local resi- dents, local business owners must have their priorities considered when the redevelopment project is being planned. It would not be to anyones benefit to gain one successful business and lose another. Often, the private sector is the first to inquire about the availability of property. Local govern- ments report that the benefits of involving the pri- vate sector include: · Mutually beneficial agreements between local government and private enterprise that lead to the cleanup and redevelopment of brownfield properties · Brownfield problem solving involving the private sector, the local community, and government at the local, state, and federal levels · Education about the environmental justice and the brownfields process that may prompt developers to become involved with community interests and brownfields projects. Communities often hire consultants for specific or multiple brownfields tasks. Private consultants have capabilities that local governments may lack, such as coalition building, alternative dispute reso- lution, environmental assessment, market analy- sis, and site remediation. In some instances, local governments may have such skills in their own staffs, but staff members do not have the time to take on additional projects. Communities of all sizes have reported benefits from working with consultants, including: Chapter 2 I 23 Foundations and Nonprofit Organizations In eastemFlorida. theSdl.ttb~lor;idaRegi9hal Pia n riingCo unci 1.(SfRPqi~ac:ce~singr~": sou[(esfronf...a...t\umht!r....oTl1qll,.prOfitsia rid foulldationsthoQ9hitS5Qqw(aseCof'l'lm4lr;riw effort. TwO. of ...its..partn#rs....ar~TheJh.l~tfor Public Lahds andthe JohhD iand Catheririe T. MacArthur Foundatiori. TheT'rllStfor .Public....ndS Th#TrustfOr Public Land~(J$'L)!~.a~igriat m berof the EastwardttlO!l3rOwnfiel ~rship.and. hasbeeriaf~ithfulfrie t!East\iVard Hol pro Lhashe Ippal'lqcarryout w()rkingdir#Qtlywit nturiber of brOwn prOject is the IVIi Plan to devel greeflways.]rPL C:()UfJty.ol't..~.....b fHrid!qgfqrpa TtieJohnD...Dc1 MaCAl'thllr...FOunclatiori .,'..",-",-" ,. ""'"",-,,'-, " ..-"',-"",-,-,-,-",,,.,'.., ",. T"heJOhhP:.and ..Cather;irie17;iMatArt. FounclatiOr'l!1asg.j/enagf~httoSFRf><::fpf leade.tshipttairiing ...fO(}oeig rhpoda cClmrnunitygtqups.Thegra us tOdevel9paOd~Or'lductase niW..leacle.fship....apg..<::apa?;ity in9W()f~shoPs ommuOl withintheEastwa oleol:!'" ingprpgtarnWHl Iqp~n ingi~Oes$\J!:h~Se.QP~rt.cip seOs~pl..ljldil'lg.~f llHding.pqU ~ndprogr~m..facili~ti9r1and...ipi ~ion.);rheworkshOps<lrealso' geveJop~rjdehh ... cetl'1~skiUsne(essarY !:pmmllhityl~~ Obemore.eff lead~ ers..withintheir(ommunitieSaridJ elQ.; cal..politifatprq~~~~i · Application of greater technical expertise · Increased community involvement · Enhanced brownfield planning · Improved brownfield project and program management. 24 I RIGHTING THE WRONG The Role of Community Development Corporations The mission of. .. [CDCs]... is to foster the revitalization of the ... community. Work- ing in collaboration with community stake- holders, . . . [CDCs] . .. act as catalysts for positive change by providing leadership in the areas of planning, advocacy, image building, and investment. Taken from the mission statement of East Liberty Development Inc., Pittsburgh, Pennsylvania Community development corporations (CDC's) are nonprofit entities oflocal governments or com- munities that function to maintain economic growth and create new opportunities for residents and businesses within the CDC's boundaries. These organizations often have a finger on the pulse of the local community's social, economic and environmental states. Also, CDC staff are of- ten community members which further suits them in building coalition among local residents. CDCs help to identify prospective locations for development, provide demographics and economic data, and produce business climate and commu- nity profiles for potential developers. For example, many CDCs keep databases of available proper- ties within the local jurisdiction and can help match land and buildings to developer requirements. CDCs provide guidance through the labyrinth of zoning and permit regulations that is a part of any redevelopment effort. They can also help in de- velopment projects by obtaining funding through numerous federal and state development grants and loans available to non-profit entities. CDCs also are often capable of leveraging local financ- ing instruments, such as Tax Increment Finance Zones, for redevelopment projects. Finally, CDCs are often local government's best link to the com- munities they serve. CDCs can facilitate needed community involvement and support in a devel- opment project. CDCs role as non-profit commu- nity developers puts them in a pivotal position as brownfields developers. Clearwater Neighborhood Housing Services par- ticipated in the formation of the action agenda and also provides the traditional function as a CDC for the Clearwater Brownfields Area. The Role of Faith-based Organizations Faith organizations can serve as community cen- terpieces, physically, socially and emotionally. Churches, synagogues, and mosques are often open for a range of community activities beyond faith-based ones, including child care, after-school programs and adult education. Clergy often serve as informal leaders for congregates and commu- nity members and have an institutional knowledge of the community and its history. These leaders can serve as a resource for garnering interest in and disseminating information about issues. Faith institutions can also serve as community-based sites for public meetings and information sessions, es- pecially in neighborhoods where public transpor- tation is not convenient and many residents do not have cars. Faith leaders are often skilled at dispute resolution and other methods of negotiation and can help facilitate discussion among stakeholders. The Role of Colleges, Universities and Non Governmental Organizations The Clearwater Branch of the Pinellas techni- cal Education Center is currently providing Envi- ronmental Technician Training program funded though a $144,000 EPA BrownfieldsJob Training Grant. The program is designed to provide a en- vironmental careers for the residents of the Clearwater Brownfields Area. Nontraditional partners such as colleges and uni- versities and non-government organizations (NGOs) can be valuable allies to brownfields com- munities in addressing environmental justice is- sues. By partnering with a college or university, a local government can gain insight and expertise, often at little cost. Smaller communities are find- ing that collaboration with post secondary insti- tutions saves redevelopment projects time and money. Faculty, researchers and graduate students can supply a bounty of professional knowledge and job skills that can benefit communities. Faculty and graduate students are also often experienced at writing grants and turning kernels of ideas into full blown projects. College and university re- sources, such as meeting facilities, laboratories, advanced computer systems, geographic informa- tion systems software and, public health and popu- lation data can all be useful tools for addressing brownfields and related issues. Faculty designing public affairs courses, students developing research projects, and civic- minded stu- dents looking for an interesting volunteer experi- ence can all contribute to and learn from brownfields projects. Local colleges and universities are also proving to be effective laboratories for job training and public health grants available to communities from federal agencies. Community members who participate in brownfields job training programs through post secondary institutions also have ac- cess to sets of resources to help them in their own professional and personal development. NGOs often have expertise in many fields and may finance them with grants from government agen- cies. The benefits of involving an NGO in a brownfield project include: . Access quality technical assistance with environmental assessments, grant writing, and project management Chapter 2 I 25 . Lower costs of services, which is especially important for smaller communities that lack the technical staff and financial resources to hire additional personnel and private consultants. After local government staffers have cultivated interest across agencies, developed an inventory of local government resources and accomplish- ments, identified goals for themselves, and created a list of potential partners, they should feel confi- dent that their own ideas and plans are well orga- nized. They should also feel prepared to work with the community and other stakeholders to develop an action agenda and strategic plan to address en- vironmental justice and brownfields issues. The next chapters discuss the development and imple- mentation of the strategic plan. CHAPTER 3: DEVELOPING AND IMPLEMENTING THE STRATEGIC PLAN The outreach stage of developing the action agenda can be done in two parts. The first consists of education and partnership building in which the local government is working with partners who are identifying issues and developing community goals. The second part is actual plan development, in which all of the stakeholders work together to discuss and evaluate the ideas, goals, and information gathered through the preparation and outreach efforts and work them into a manageable plan. The plan is then used to organize the issues into broad categories, set out expectations and tasks for various stakeholders, and set a time line for implementation. OUTREACH PART 1: EDUCATION AND PARTNERSHIP BUILDING Openess, communication and feedback are all crucial in conducting outreach and developing a stra- tegic plan. In all communities, stakeholders have varying interests and resources that can be inher- ently competitive. Consequently, it is important that all stakeholders keep their communications open and do not appear to be conducting side deals with other stakeholders. Mere perception of this sort of activity undercuts efforts toward full participation. Likewise, when a specific stakeholder group is given a task, it is important that the group communicate on the progress and results of that work to the larger group, so that misunderstandings do not occur. Media Support As the local government is beginning its outreach, it can benefit greatly from cultivating a working relationship with the news media, including them in the process from the outset. The local government's media relations will benefit from early and often contact that ensures that the media understand all of the steps, goals, and outcomes of the process. Given, that environmental justice and brownfield communities are often in ethnically diverse, lower income communities, it is impor- tant that all news media sources be included. For example, a Hispanic or Mrican American newspa- per may be read and trusted by community members far more than the major city paper. Likewise, these community members may be more inclined to listen to a local AM radio station than a Na- tional Public Radio station, or even a large regional FM station. Therefore, outreach efforts should include executives and journalists for those outlets. Identification of Neighborhoods, Communities, and Sites A sound strategic plan for addressing environmental justice and brown fields redevelopment will be applicable to any community. Local governments might even want to think of the development of the strategic plan and action agenda as a sort of pilot project that will be developed, and tested in one location, and then adapted, modified, and improved in others. But if the process is to avoid being overwhelmed by competing interests, local government staff must identify a neighborhood or spe- cific sites that it wishes to target through the strategic plan. In targeting neighborhoods, and other specific sites for redevelopment, local government must also understand the local social, cultural and historical significance of an area and the intensely personal ties that community members will have to that area. Identifying Local Leadership In preparing information and distributing it to the community, local government staff benefit greatly from the advice and engagement of local leaders. Working with community leaders can be like a 28 I RIGHTING THE WRONG pyramid scheme, except that there really are big rewards for everyone involved: if a few local gov- ernment personnel each reach out to a few com- munity leaders, and they in turn will share infor- mation and ideas with individuals in their own communities who ideally share the ideas and in- formation with each other, the benefits are much greater than any single contribution. In this way, one individual contact can create a network for information and idea sharing. Local and commu- nity leaders may not be the most prosperous indi- viduals, may not be elected, and may not be the most vocal citizens in town. But such individuals quietly hold sway among their neighbors and have deep insight into issues. Such persons might in- clude leaders of faith-based organizations, elderly and retired long time residents, local business owners and educators, and well-regarded mem- bers within school and parent associations. In ad- dition to providing the benefit of their experience and wisdom to redevelopment projects, these lead- ers can also playa very role in spreading informa- tion about the program, facilitating community meetings, and maintaining project momentum. What Local Leaders Can Do for the Project It is important for local government staff to under- stand how they would like community leaders to participate in the project, remembering that these leaders' time is valuable and their networks are im- portant. Upon first approaching them, it is wise to clearly state the goals of the work and the ways that the person can participate, allowing room for the person to create his or her own role in the project. For example, in meeting with a local community leader, a local government staffer may state a desire to have three meetings: the first to introduce the idea; the second to answer any questions and get thought- ful feedback; and the third, to meet with other stake- holders and brainstorm about specific ways to move the project forward. And the local government staffer should be specific about what is needed from the local leaders such as: support of the project and an introduction to community groups, a meeting place, or resource and staff assistance. \Vhatever the request, the representative should be forthright. \Vhen working to gain the support of commu- nity leaders, it is important to give all leaders the same understanding of the project. For this rea- son, having the goals of the project clearly out- lined and having materials for the leaders to read on their own time, will facilitate support. Both these measures will make it easier for community leaders to discuss the project with others, and give appropriate feedback, including ways to modify them to better fit with community concerns. Lo- cal leaders should also understand the highly collaborative and flexible nature of the project, so that their feedback about the approaches, goals, and time line can be considered right along with the input of other stakeholders. After gaining the support of local leaders, it is beneficial to facilitate a meeting among them so that everyone can share ideas and understand what all stakeholders have to offer. This meeting may be a good time to get feedback on educational and outreach materials that the local government is planning to distribute broadly. The local leaders will have a better perspective on how members of their communities will respond to such materials. At this meeting, it is also important to once again Brownfields Advisory Boards ACS3rdi?gtoflqri~<l'!tbrowl'lfi~l~sla,^,~ev~ erysommuTlit~e ngaged . in . thE! . state brovvnfield~}BrQ9~am... mus~.....create ....a brownfieldsad\li ryboard. This board in" c1udesstakehO f)'ombusinesses. residen- tiaL neigtllJo ~;}andgovernmentaland sociaLser,,' . tions. The function of the boar . ~~boutbrovvnfielcj~prQ- grams, .....C'l. ecommendationto.. the localgoyerri ..f.'!lmission ab()~t~range ofbrowTlfi~1 ~includingeTl\fir3nmen- tal justi~etPI.J .~I~D .and~afet}t''''TldJand usepl~nTljng?Tling. ThE!~O~rdal~o re- ceiyes.inppt ClrnmunitYrnernlJer~; to gain the support of each individual and not just of the group as a whole and to encourage the group to share their own ideas and plans with each other. This sort of informal meeting allows individuals to share perspectives and understand the numer- ous interests and resources involved in brownfields redevelopment and environmental justice issues. Sharing Ideas: Conducting Community Outreach The next important step in outreach is to begin to work with the entire community. Individual goals in working with community members can vary greatly, depending on the personality and capac- ity of the community. Nonetheless, the commu- nity outreach process can be boiled down to four basic steps: - Awareness raising and education -Community forums -Articulation of community issues - Formalization of community input and interests. Using already-established media contacts and community leadership as points of introduction, local government staff can begin to organize meet- ings to share information about environmental justice and brownfields redevelopment issues. The meetings can also be used to solicit feedback about ways to develop a strategic plan and learn about specific community issues. One way for the local government to determine the knowledge and re- sources of a community is to conduct a survey about brownfields and environmental justice issues, specific sites and concerns of the community and community awareness and involvement in social Chapter 3 I 29 Local Government Outreach Iniclear'rater,the.local .. .... ...t~r1)e?t.r?ri7 ductedel<tel'lcjedand repeate~Rutr~<l~~.;? communityorgaf}iza~iQnsan9r~iden;siTl~n effort to get asmanyindividuals~1')9~f?UPS as possible tobecom~~rtof thebroVVTlfiE!lds redevelopment wocess.S~aff r;nernlJE!f~n;:lci a verytargeted.apPf()achthatt?eyfr1;vvC'lS thorough. Fi rst.theYidist~i9IJtE!~fli~rS~ nouncing .meetings.oro~herjmpqrt9h events to. eVE!ryorganifa~,?n.;rh~yV~h~ throughlistsofconta~wtlqr;n rn7r;nI bersknewand issuedindividua tions. Thestaff"lE!rn~7rsalsopap~r h: borhoodwithtl!E!rsinan.e'ff he attention of other in teres 0 may riot tlilMereceiveda n upshee~\Nereavan"t>I~ e i"gs ..and.l&argoV~r rlriuricements ab() erytlneon the .Ii~~, and economic issues. The results of the surveys can be used to determine an appropriate course of action for all stakeholders. Community represen- tatives can also ues this information to develop a better understanding of their neighbors. Education and Outreach Upon identifying a neighborhood, local govern- ment staff members should prepare appropriate outreach and educational materials for that neigh- borhood and its stakeholders. Much of these ma- terials may have been identified and developed during the local government preparation process. In identifying and preparing materials, it is im- portant to anticipate the reading habits and capa- bilities of the recipients. Materials should be trans- lated as needed, and should be made easily under- standable and engaging. A fifteen-page report about brownfields, no matter how carefully writ- ten, is not something that many residents will take time to digest. Presenting information in stages through colorful and easily understandable formats may work better for educational purposes. For example, a series of cartoon-like fliers or posters that describe what environmental justice and brownfields are, might attract more readers than a report format. Likewise, a creative public ser- vice announcement on the radio presented as a conversation between two neighbors might be more interesting than a reading by an anonymous 30 I RIGHTING THE WRONG Chapter 3 I 31 radio voice. When preparing to distribute materi- als it is best to find out where community mem- bers gather informally (e.g. a grocery store, a res- taurant, a church). Distributing information to the community is im- portant for the same reasons that it is important to work among local government departments. Individuals can better understand the issues, why the issues affect them, and why becoming involved in them is important but will not necessarily re- quire an overwhelming commitment. Because ev- ery community is unique and therefore its issues unique, the type of materials that local government staff members choose to distribute will vary. As a beginning, the following sorts of information might be made available: · An outline of, and time line for, local government's goals · Definitions of terms like environmental justice and brownfields · Copies of articles about the project · A list of questions that community members could answer to learn whether or not the issues affect them · Demographic information, charts, and maps that explain some possible land use issues · Invitations to information-sharing sessions. Community Forums In addition to distributing information about their own programs and goals, local governments--and all stakeholders--must also work to solicit and collect information. Commu- nity meetings can be an excellent setting for gain- ing feedback on both conceptual ideas about ways 32 I RIGHTING THE WRONG to work together and specific plans for addressing brownfield and environmental justice challenges. Such community forums have two formats: one solely for community members and the other for both community members and local government officials. The first type of forum allows community mem- bers to discuss issues and ideas among themselves to share information and develop consensus. Such meetings are most successful with a facilitator who can provide information about brownfields and environmental justice as well as elicit and guide conversations toward the goals of developing an action agenda. these community forums allow resi- dents and local stakeholders about each other's programs and issues, and preparing for the strate- gic plan, just as the local government staff had al- ready done. The community-only meetings also encourage new leadership to emerge and new voices to be heard. Of course, the outcomes of community meetings should be determined by the community, but an improved knowledge of issues, the opportunity to share ideas and concerns, and the chance to take an inventory of community re- sources and knowledge will also be important products of collaborative community work. The community should work with the facilita- tor to establish ground rules and a format for the Chapter 3 I 33 Greenwood Neighborhood Community Forums · February 4,1999. The first community forum yielded forty-two items that the community fout;ld relevant to environmental justice in the Clearwater brownfields area. · March 22, 1999. The second community forum resulted in the creation of the Planning Action Team. With the help of the community, the research team from the Univeristy of South; Florida, Florida A&M University and ICMA, coalesced the forty-two items into five goals. · May 24, 1999. The third community forum was held to discuss strategies to achieve each of the five goals. · July 17, 1999. A community forum led by the Center for Public Environmental Oversight was held to develop and deliver an educational program to the residents of the Clearwater Brownfields area. · September 11,1999. The final forum conducted by city staff was held to finalize the draft of the environmental justice action agenda. Community Forums with City Officials January 10, 1999. This initial forum with the city staft, the city manager, and the assistant city manager focused on the need to develop an environmental justice action agenda. March 8, 1999. Participants in his forum brainstormed the feasibility of environmental justice goals and strategies as identified by the community. was also used to elicit new ideas from the city staff. Brainstorming Sessions with the Community · June 16-17,1999. Two brainstorming sessions were hostedi;>y community members and led by the research team. Community members expressed their needformore comprehensive brownfields education and to for more about the city's development plans for some of the sites. Survey of North and South Greenwood Neighborhood Concerns · May-June 1999. A survey was conducted 'to gauge community awareness of brownfields and environmental justice issues. The results were incorporated into Clearwater's action agenda. forum. The meetings can use any format that is appropriate for the community. But moving from a large list of all concerns, through an organizational process, and finally to an action agenda may be suf- ficient to create a workable plan. For example, the first forum might serve simply as a time to list all of the issues of concern to the community-no holds barred. The next forum might take those issues, and segment them into specific goals by broader topic area. Subsequent forums could be used to establish a working group to carry the ideas forward and ar- ticulate them to the local government. Ultimately, the community meetings should result in the accu- mulation of a list of community concerns about is- sues, sites, and services in the neighborhood, as well as matters that are governmental or locality-wide in nature. It is important to find out what stake- holders hope to achieve from the process, includ- ing general objectives, and specific outcomes. This sort of information helps guide the meeting pro- cess and contributes to consensus. After enumerating frustrations with the local government and other entities active in the neigh- borhood, community members should be encour- aged to point to programs and services that the local government offers that they regard as ben- eficial. In addition to acknowledging that the lo- cal government can do something right, such a list will allow all participants to understand what sorts of programs and what ways of service delivery are working and well received. Successful programs can useful models when new ones are being devel- oped. After plenty of brainstorming, the commu- nity-focused meetings should move from a gen- eral listing of issues to a categorization of them and should include recommendations. Participants should remember that they are now part of a pro- cess dedicated to improving the local government and the neighborhoods, so showing an understand- ing of the limitations (both human and fiscal) of the government will be more constructive than simply listing every complaint. 34 I RIGHTING THE WRONG Another important component of community meetings and agenda setting is keeping requests and plans realistic. The collaborative process, rec- ommendations and future plans should all be based in practical circumstances and real-world goals. It is naIve and unfair to expect any stakeholder to make promises that are impossible to keep. Besides the community-focused meetings, the lo- cal government and the community need to en- gage in a series of dialogues. The dialogues should address both the concept of developing a new sys- tem of community and local government collabo- rations and specific brownfields and environmen- tal justice issues. In planning and organizing the next series of meetings with community represen- tatives, staff should take several items into account. First, meetings held within communities are more comfortable and convenient for community mem- bers. Second, meeting planners should consider such things as work schedules, child care needs, transportation needs and even competing activi- ties in the neighborhood (such as church or school events). Local government staff should also con- sider any social or cultural issues that residents might have with the meeting. One example, would be language differences: if some community mem- bers do not speak English well, be sure to adver- tise the meeting in their native language, and, ar- range to have translators available for the meeting itself. In this regard, educational materials should also be made available in the languages of the resi- dents. Other potential barriers to participation should also be considered. For example, brownfields and environmental justice communi- ties are often not fully engaged in the civic pro- cess for any number of reasons. Consequently, a community meeting where individuals stand up and speak, or are called upon, may not yield the best results. Local governments must not inter- pret a lack of engagement in this sort of process as a lack of interest. The real problem could be a lack of familiarity with the process. This is not to say that the meetings should not be held, rather, they might be considered along with other outreach mechanisms. At the community meetings, staff should be pre- pared to answer questions about any number of issues. Community members do not necessarily have an orientation to the new project and so might use this meeting as an opportunity to bring up other matters, regardless of their relevance to the announced topics. The brainstorming that gov- ernment staff did together, along with the prepared materials should provide at least some answers to community questions and allow staff members to check into other issues they are not sure about. The format and the content of the meetings can vary, according to the atmosphere, but in planning the meetings, it is important to view them as part of a process. Each meeting should have an out- lined agenda and objective, arrived at jointly with local government staff, community leaders and other concerned community members. To keep meetings organized and interesting, visual aids and other facilitation tools should be used. \Vhile each meeting should build upon the last, it is important that local government staff not alienate any new- comers. Every meeting should include an overview of the project and a summary of steps taken and progress that has already been made. This allows newcomers to better understand and participate in the discussion. The meetings between local government staff and the community should be used as an opportu- nity to solicit and understand each other's goals. All stakeholders should think of the meetings as building blocks for developing a strategic plan for brownfields redevelopment and environmental justice, as well as a model for improved collabora- tion on other issues. The specific format of the meetings will vary from community to commu- nity, but ideally the gatherings will progress from general brainstorming about issues to the formu- lation of specific goals and strategies for projects. Chapter 3 I 35 36 I RIGHTING THE WRONG Meetings among all of the stakeholders are also necessary so that everyone who is involved at that level can share ideas, and goals and report on the progress of the action agenda. Finally, local governments, local communities and other stakeholders should work to create an advisory board and committees that will move the outreach, education, and brainstorming efforts onto the actual action agenda. Typically, leader- ship and interest among stakeholders emerges through the outreach and education process, so find- ing appropriate volunteers should not be difficult. OUTREACH, PART TWO: PLAN DEVELOPMENT In some ways, the steps involved in getting to the actual development of a strategic plan for environ- mental justice are more time consuming than the physical development of the plan itself. But, the time and effort put into laying the groundwork and care- fully establishing working relationships should not be trivialized as overly bureaucratic. It is time well spent. Mer all, the efforts in developing a system- atic approach to environmental justice are not sim- ply for a single project. Rather, these efforts should be considered a part oflong-term improvements in the ways that local government delivers services, evaluates and assesses community and economic development projects, conducts outreach and en- gages citizens. Likewise, community leaders and representatives should not misunderstand the meet- ings and forums as a lot of work for a single project Rather it is an investment for long-term commu- nity development and improved relations with lo- cal government groups that will yield benefits long after any specific brownfields and environmental justice issues are addressed. In developing the stra- tegic plan and action agenda, it is important to re- member that the process and the plan themselves constitute a model to be tweaked, copied, and changed, as actual experiences in the course of its implementation demand. The development of the actual plan should be thought of in terms of three mutually dependent factors: people, policy and process. Properly co- ordinated, these three factors will ensure develop- ment and implementation of a working, flexible plan that will produce results in the community, help local government work better and prevent future environmental justice from arising in the future. PEOPLE The people aspect of the plan involves formaliz- ing committees and assigning them tasks and re- sponsibilities. The committees should be formed according to the needs of the project. Some com- mittees to consider include: · Local government: to explore ways that brownfields and environmental justice issues can be proactively addressed so as to avoid the emergence of such issues in the future · Public health: to examine the public health impact that brownfields have had on the community and to address any public health concerns related to redevelopment · Outreach and education: to formally address and institute steps for long-lasting outreach and communication efforts · Economic and community development: to develop policies and programs that are economically sound and beneficial, meet community needs, and are not discriminatory · Environmental: to insure appropriate remediation of environmental insults, and investigate future land use impacts on the environment. Like the overall process, the committees should be composed of diverse stakeholders concerned with a range of issues. Diversity enhances the committees because numerous perspectives and sets of resources are present. For example, in the economic and community development committee, it is important that private sector representatives be present so that they can share their experiences and perspectives about the con- ditions that make community investment attrac- tive for business owners. At the same time, it is important for community representatives to be present in order to share information about the types of skills that exist in the community, or the types of jobs community members would like, so that economic development plans match the profile of the community. Mter the committees have been established, they should work together to develop the stra- tegic plan and action agenda for environmen- tal justice and brownfields issues. This collabo- ration prevents committees from performing duplicative work, ensures that all representa- tives have the same understanding of the goals, and fosters cross-committee communication and cooperation as the project moves into the stage where specific strategic policies and ac- tion items are identified. POLICY After extensive local government planning and outreach, broad community input, and the cre- ation of committees to address specific elements of brownfields and environmental justice issues, representatives from all stakeholder groups should sit down together and comb through all of the information gathered to frame the nature of the concerns, and identify action items. From here the participants need to move forward in two ways, first they should draw up a policy outlining general principles of action and policy. This state- ment provides a framework for economic and community development, public health, and en- vironmental issues. It serves as a policy document for stakeholders who are engaged in the process. This outline is the guiding document that should inform the approach to future community and local government issues. \Vhile it should not tar- get specific communities or projects, it should identify concrete steps to be taken or factors to be considered in addressing brownfields or envi- ronmental justice issues. For example, the strate- gic plan might recognize the importance of rec- reation spaces and green spaces, and the need to engage the community in the planning, imple- mentation and monitoring of land use practices. The strategic plan should serve as a declaration of principles for addressing environmental jus- tice and brownfields issues. The second way of moving forward is to de- velop an actual action agenda for the targeted project. The goal of the action agenda is to create a concrete set of steps for stakeholders to take in addressing the immediate environmental justice concerns. Development of the action agenda de- pends on the information gathered through the community and stakeholder forums. Representa- tives from the committees and other stakeholders should look at the information and divide it into appropriate categories-perhaps ones that mirror the functions of the committees themselves. Upon identifying the issues, participants should also note steps necessary to address them. After the issues have been identified and articulated, and the appropriate steps outlined, all of the commit- tees and other interested stakeholders should sit down and assign responsibilities for completing the Chapter 3 I 37 Make it Simple TheCleanAiater Envir()rim~l"It.ai...~LJsti~~.~c:ti{)D...... Agendau~~ssimple langlJq~~to ~rti0platT) the goals of the w()rkand!!"le~takehqlders involved: steps. Determining which stakeholder group or groups is the best candidate to implement specific items depends on which resources and knowledge the activities require. However, it is important that the implementation process remain as collabora- tive as the earlier steps of information exchange were. \Vhen the issues are identified and the steps to address them determined, all of the components should be compiled into an action agenda. Each action item and the steps toward implementation can be further broken down by the group respon- sible for its implementation. Remembering that all steps of this project should remain flexible and encourage additional input, stakeholder and committees can draft a time- table for implementation. Such a timetable, which may take many years to complete, gives commu- 38 I RIGHTING THE WRONG nity members and local government officials, a way of pacing their work and a yardstick upon which to measure their successes. PROCESS The third component of plan development, pro- cess, is much like the first two, people and policy, in that it should be seen both as a revised approach to the ways local government, community groups, the private sector, and residents work together to effect change in communities and as a set of rules for addressing specific environmental justice and brownfields issues. A comprehensive process de- pends on all stakeholders developing a set of pro- cedures for implementing the plan. The proce- dures should be clearly articulated with concrete deliverables. Stakeholders should participate in developing the implementation process because all stakeholders are responsible for implement- ing specific action items. \Vhile it is important to have signposts and measurement tools for the implementation of an action agenda, it is equally important to allow for flexibility. Flexibility is im- portant because conditions, partners, sources of funding, and the nature of issues themselves are constantly changing and a strategic plan and ac- tion agenda are only as useful as their own ca- pacities to adapt to changing situations. The implementation process must also remain flex- ible, and stakeholders must be willing to make changes to the plan and action items, because the strategic plan, the action agenda, and the process of developing both are models, created to be adapted and modified. FEEDBACK \Vhile the strategic planning process for environ- mental justice is both a specific project, with spe- cific goals, it is also a continually evolving process with the goal of making local government better able to respond to the needs and interests of the community. To this end, it is important to obtain feedback from all stakeholder groups on the pro- cess. The interviews should be flexible enough for individuals to make comments about any aspect of the process, but they should also be formatted to measure the outcomes and goals of the process. The interviews and evaluations should be con- ducted with all stakeholder groups, including lo- cal government professionals, so that the process can be modified and improved from all angles. Chapter 3 I 39 An Example of Clearwater's Action Agenda The following is the implementation plan for one action item on Clearwater's agenda. The other action items also include detailed assignments of responsibilities. Action Item 1: Enhance Awareness of Brownfields (a) Coordinate with the inter-departmental Neighborhood Team to assist with community participation on brownfields. City of Clearwater · Utilize the inter-deparnnental Keighborhood Team's list of organizations that are active in the area to communicate brownfields issues. · Utilize the inter-departmentall\'eighborhood Team to maintain liaisons with groups through contacts with leaders and attendance at meetings. Brownfields Area Neighborhoods . Provide the inter-departmental Neighborhood Team with information about area groups and organizations interested in learning more about brownfields. · Coordinate with the inter-departmental Neighborhood Team to figure out times and locations that best suit the needs of the community. · Become involved in community organizations and promote coordination among these organizations. (b) Create awareness about brownfields incentives among area businesses. City of Clearwater · Hold workshops to illustrate the incentives available through the Brownfields/Enterprise Zone program. · Develop a Brownfields Enterprise Zone brochure to explain the benefits of the brownfields program. Brownfields Area Neighborhoods · Attend workshops to learn more about the various incentives offered through the Brownfields Redevelopment Initiative. · Assist the city in developing a brochure. that will include the issues of interest to community members. (c) Design and conduct educational programs, modules, and forums for different stakeholders (residents, city employees, and businesses). City of Clearwater · Hold workshops to explain job training programs and other business opportunities to residents. · Develop a Brownfields Module that explains, in layman's terms, the concept of brownfields redevelopment using existing projects and activities. · Hold community forums at times and locations convenient to th~ residents. Brownfields Area Neighborhoods · Let the city know what locations are more accessible to the co~munity. · Attend workshops and become involved in the job- training program. · Assist the city in developing the brownfields educational materials. Let the city know what issues are of most importance to the community. (continued next page) 40 I RIGHTING THE WRONG I Continued: Clearwater's Action Agenda (d) Develop a public information campaign on brownfields. City of Clearwater · Use media as an educational tool - contact local media. · Utilize public service announcements to spread the word about upcoming meetings. · Televise as many meetings and forums on brownfields as possible in order to reach a wider and more diverse audience. · Air information and announcements on brownfields on local radio stations. · Participate in radio talk shows. · Create a web page for the use of the area residents. Brownfields Area Neighborhoods · Partner with the city in the development and implementation of the brownfields public information campaign. · Utilize the information on the city's web site .to become more educated about browntlelds issues and upcoming projects. · Participate in radio talk shows. · Advocate for inclusion of environmental education in schools. (e) Assist the community in establishing and maintaining a brownfields newsletter. City of Clearwater · Provide the resources for area residents to become involved in the development of a brownfields newsletter. · Assist area residents and groups with finding funding for the development of the newsletter. · Provide points of contact for area residents to obtain the information to be included in the newsletter. Brownfields Area Neighborhoods · Take ownership of the browntlelds newsletter with assistance from the city. · Work with city staff to tlnd funding sources for the newsletter. · Let the city know of the information that residents would be interested in obtaining about the brownfields project in Clearwater. Conclusion In some instances, the conditions that created environmental injustices were decades in the making and cannot be undone overnight. It should not come as a surprise, then, that a comprehensive environmen- tal justice and brownfields remediation plan can take many years to fully implement. The range of stakeholders involved in any part of the plan can vary greatly. Nonetheless, it remains important to keep stakeholders consistently informed and to sustain feelings of involvement so that when they are called upon to contribute to a project, their interests and grasp of the issues will both be strong. CHAPTER 4: APPLYING THE CLEARWATER MODEL The model strategic plan presented in this report and Clearwater's action agenda are designed to counteract environmental inequities and urban economic decay by enhancing the community in- volvement efforts of local governments. By developing an inclusive and holistic model, local gov- ernments and communities can reverse the trends of environmental injustice, connect residents to their local government officials, and reduce risks to human health and the environment, all while spurring economic and community development. This model can be crucial to overall comprehen- sive community and economic development planning as well as to land-use planning and decision making. By deliberately incorporating the approaches outlined in this model into local practices and issues management, government officials can address a series of other outlying issues. DEVELOPING COMPREHENSIVE STRATEGIES Communities that have conducted long-term planning are better prepared to take advantage of funding opportunities, have an easier time unifying departments and agencies, and have better com- munity participation in the brownfields and environmental justice processes. The sorts of planning that have benefited towns and neighborhoods include land use that considers how local properties are zoned, divided, developed or left undeveloped; long-term municipal planning that considers the changing demographics as well as social and economic needs of citizens and businesses; and brownfields planning that scrutinizes underutilized, abandoned or blighted properties. Each source of planning considers the future needs, demographic profiles and resources of jurisdictions. Many local governments have land use and long-term planning documents that are not as effec- tive as they could be because specific visions and goals are not articulated to include brownfields redevelopment. These documents sometimes have not been amended as technology and local needs have changed. In other communities, long-term plans are not followed because of variances intro- duced by planning commissions or zoning boards. Some staff involved with brownfields projects know in general that a document exists, but have not seen it or used its mission statement when developing brownfields programs. Besides lacking a vision, the long-term planning documents that do exist in some communities were developed without coordination among local agencies and with little input from community groups and local residents. In an optimum planning process, local governments and neighborhood groups work together to develop land use plans. In the planning process, local governments and communities create a vision for their locality that they want to build together. This vision includes economic development ac- tivities; residential, commercial, and industrial land uses; and amenities such as roads and parks. Local governments and communities also work with municipal planning organizations to consider long-term regional growth and development. Likewise, state agencies contribute to local planning efforts through their own planning policies on road construction and other land use efforts such as targeted development districts and urban growth boundaries This sort of integrated planning serves communities in a number of ways. First, it brings together many agencies and community groups that must develop a unified long-term plan for the locality. Such planning encourages each sector to learn about and consider the priorities of the others, as well as evaluate its own. In the process, groups and departments learn the art of compromise for the good of the whole. This experience is beneficial to stakeholder involvement and brownfields rede- velopment because the groups become familiar with each other, learn how to work together, and become familiar with the process of implementing multifaceted projects. 42 I RIGHTING THE WRONG Besides encouraging community groups and lo- cal government agencies to work together, the long- term planning process creates an outline and sets goals for the entire locality. These objectives become building blocks to strengthen the locality's capacity and resources. With environmental justice and blighted property concerns, the long-term planning process allows a range of municipal agencies to con- sider how brownfields issues can be folded into their programs. This kind of consideration and program- matic adaptation shows the flexibility of a local gov- ernment that is working to meet the changing needs of its constituency. Some federal agencies, as a con- dition of funding, require that the proposed projects fit into formally adopted land use plans at the local level. Agencies that do not require planning docu- ments look for evidence oflong-term planning and work with state and regional planning organizations when they consider providing funding. Successful communities also coordinate their plan- ning with regional, state, and federal efforts. For in- stance, many communities are successfully working with their metropolitan planning organizations (MPOs) to understand how local transportation and land use needs tie into larger, regional needs. Local governments are also communicating and working with each other to develop regional approaches to issues affecting brownfields communities, such as em- ployment needs and transportation. This sort of co- operation on issues among local jurisdictions and state-level agencies and even across state borders only facilitates further cooperation. ADDRESSING ENVIRONMENTAL JUSTICE AND BROWN FIELDS AS PART OF LARGER ISSUES As communities work to develop comprehensive approaches to the multifaceted issues surround- ing brownfields and environmental justice, several challenges need to be addressed. These include fundamental questions about how to measure re- sults among jurisdictions and programs of differ- ent sizes and the long-term future of the environ- mental justice and brownfields. Other concerns involve whether brownfields redevelopment and changes in community planning can adequately address community and social issues such as job training, affordable housing, and neighborhood gentrification. Stakeholders are also engrossed in detailed discussions about the complexities and op- portunities in current and future economic devel- opment and non-economic development alterna- tives for brownfields such as open space and in- terim uses. Is there an inherent trade off in select- ing one land use over the other? For example, are healthier environment and expanded recreation areas traded for job creation when parks and green spaces are developed? Measuring Success Given the diversity of approaches that a commu- nity can take to redeveloping brownfields and ad- dressing environmental justice, measuring results of the process can be very difficult. Aside from the number oflots remediated and jobs created, all other factors of redevelopment are subjective. Commu- nities pursuing more ambitious, redevelopment may not see initial successes because basic site organiza- tion and preparation requires a longer lead time than it would for small, single lots. In some communi- ties, the physical redevelopment of a site may hap- pen late in the process of revitalization, so that even after several years measurements may be difficult to take. Many results of brown fields redevelopment and environmental justice programs, such as new inter-agency partnerships, are long lasting but dif- ficult to quantify. Funding agencies and other or- ganizations that are accountable for their fiscal in- vestments may not be able to use the non-objective nature of the results to authorize further funding. Nonetheless, time and resources invested in devel- oping trust and effective communications among agencies reap far-reaching benefits in the long run that straight-ahead redevelopment without stake- holder consultation may not realize. But the results of remediation and redevelopment are easier to measure in the short term. Given this difficulty, many communities are forced to strike a compro- mise between long-term planning and partnering and quick turnaround on redevelopment. In spite of the qualitative or long term nature of some of the accomplishment associated with brownfields redevelopment, several types of ob- servations can be made in the course of a snapshot look at a community's efforts to indicate levels of success. First, the actual amount of cleanup, num- ber of properties remediated, extent of redevelop- ment and number of jobs created can all be mea- sured. Other factors that tip off an observer as to what is happening include: · Number and degree of assessments conducted · Development of lists of target sites and plans for brownfield use · Development of institutional controls and other land use instruments · Cultivation and involvement of community leadership in brownfields issues · Evidence of outreach and education targeted at community members, financial players, private sector representatives, and community development corporations · Creation of job training programs targeted to either brownfield cleanups or post clean up sites · Involvement of public health agencies · Development of financial incentives targeted at brownfield situations · Number and intensity of partnerships on the local, State, regional and federal government levels, as well as those with the private sector · Steps taken toward program self-sufficiency. The last measurement factor that warrants discus- sion in the context of a brownfields program is the revitalization strategy itself and the local govern- ment resources dedicated to realizing it. Some communities focus on small, quick results in rede- velopment. Others do not have target sites, but are dedicated to developing a comprehensive ap- proach that includes community and inter-agency buy-in. In the same way, the resources that com- munities can dedicate to brownfields redevelop- ment vary greatly. In either case, the strategy needs to be formed with input from community groups Chapter 4 I 43 and articulated as part of ongoing planning and redevelopment processes. Gentrification Gentrification is the middle-class resettlement of older inner-city neighborhoods formerly occu- pied by working class or underclass communi- ties. Gentrification can happen as revitalization of a community increases property values and creates living conditions that residents and origi- nal businesses can no longer afford. Community stakeholders are beginning to raise concerns about the possible displacement of neighborhood shops owned or operated by people of color. Others worry that while brownfields projects in their community might serve as catalysts for eco- nomic revitalization, the long time residents of that community, many of whom are people of color, will not directly reap those benefits. Oftentimes community members are subject to more aggressive removal such as being forced out by rising rents, demolition, and forced eviction. Predictably, the programs with a community driven focus offer good models on how to work closely with the community to address the pros- pect of gentrification. By developing close partnerships with commu- nity development corporations (CDCs) and em- powering community members, local governments can help ensure that brownfields redevelopment will address community needs first. Some com- munities also coordinate with local job training pilots and organizations to increase the likelihood that residents in these neighborhoods will get jobs from these brownfields redevelopment projects. Even with these efforts, it is still difficult to re- verse the years of neglect and mistrust that mark many of the brownfields neighborhoods. Devel- oping a model plan by local government will offer some positive first steps toward addressing the on- going challenges of environmental justice and gentrification. Non Economic Development Uses Most brownfields projects involve sites that are prime targets for economic redevelopment by the private sector. Given the economic boon of the recent years, the market place has driven many of these successful projects. A critical challenge con- fronting brownfield policy makers today is deter- mining what can be done about sites with little economic potential? 44 I RIGHTING THE WRONG In some communities, stakeholders are begin- ning to explore the idea of including non-economic development in their brownfield reuse strategies. Parks, open space, and waterfront trails can be vi- able uses, but they involve added challenges re- lated to funding and maintenance. Some local governments are pursuing development-linked funding strategies: using the revenues from boat slips and new business ventures to pay for installa- tion and maintenance of amenities like new parks and riverwalks.As brownfield sites take on a more prominent role in local land use strategies, alter- native development and funding mechanisms will have to be pursued. The partnerships put in place as part of brownfields and environmental justice programs can be useful sources of ideas and tech- nical assistance to localities pursuing this next gen- eration of site uses. CONCLUSION Issues and policy development ideas are a dime a dozen. Everyone has ideas and evidence on what has worked ~nd what has not. However, initiatives that simultaneously address economic, environ- mental, and community issues while developing new models for how government ought to work are priceless. Clearwater's Model Strategic Plan for Environmental Justice set out to do just that. Has it worked? In general - the answer is yes. The City of Clearwater Environmental Justice Action Agenda and this report, Righting the Wrongs: A Model Plan for Envi1'onmental Justice in Brownfields Redevelopment are working as models to help local governments promote environmental protection and foster eco- nomic redevelopment and community revitaliza- tion through the assessment, cleanup and sustain- able reuse of brownfields to develop a model for local governments to adapt. Clearwater and its community groups are demonstrating the positive results of collaboration in addressing environmen- tal justice and brownfields challenges. At least to this point, it has proven to be a good experiment with many evolving components-- and it is con- tinuing to improve. Who is responsible for these successes? Just like brownfields redevelopment itself, the Clearwater initiative and brownfields efforts everywhere have had champions in every corner to coordinate the efforts and rally the troops when morale was flag- ging. However, as with all brownfields and envi- ronmental justice efforts, successes at all levels was the result of the combined effort of every stake- holder who participated in the process. The model plan is continuing to redefine how issues are ad- dressed, how partnerships are developed, and how solutions are achieved across communities and government entities. APPENDIX A EXECUTIVE ORDER 12898 February 11, 1994 EXECUTIVE ORDER FEDERAL ACTIONS TO ADDRESS ENVIRONME~"'TALJUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIO~S By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1-1. IMPLEMENTATION. 1-101. Agency Responsibilities. To the greatest extent practicable and permitted by law, and consis- tent with the principles set forth In the report on the National Performance Review, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Northern Marian Islands. 1-102. Creation of an Interagency Working Group on Environmental Justice (a) \Vithin 3 months of the date of this order, the Administrator of the Environmental Protection Agency (<<Administra- tor>>) or the Administrator's designee shall convene an Interagency Federal Working Group on Envi- ronmental Justice (<< Working- Group>>). The Working Group shall comprise the heads of the follow- ing executive agencies and offices, or their designees: (a) Department of Defense; (b) Department of Health and Human Services; (c) Department of Housing and Urban Development; (d) Department of Labor; (e) Department of Agriculture; (f) Department of Transportation; (g) Department of Justice; (h) Department of the Interior; (i) Department of Commerce; G) Department of Energy; (k) Environ- mental Protection Agency; (1) Office of Management and Budget; (m) Office of Science and Technol- ogy Policy; (n) Office of the Deputy Assistant to the President for Environmental Policy; (0) Office of the Assistant to the President for Domestic Policy; (p) National Economic Council; (q) Council of Economic Advisers; and (r) such other Government officials as the President may designate. The Working Group shall report to the President through the Deputy Assistant to the President for Envi- ronmental Policy and the Assistant to the President for Domestic Policy. (b)The Working Group shall: (1) provide guidance to Federal agencies on criteria for identify- ing disproportionately high and adverse human health or environmental effects on minority popu- lations and low-income populations; (2) coordinate with, provide guidance to, and serve as a clear- inghouse for each Federal agency as it develops an environmental justice strategy as required by section 1-103 of this order, in order to ensure that the administration, interpretations and enforce- ment of programs, activities and policies are undertaken in a consistent manner; (3) assist in coordi- nating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other agencies conducting research or other activities in accordance with section 3-3 of this order; (4) assist in coordinating data collection, required by this order; (5) examine existing data and studies on environmental justice; (6) hold public meetings at required in section 5-502(d) of this order; and (7) develop interagency model projects on environmental justice that evidence coopera- tion among Federal agencies. 46 I RIGHTING THE WRONG 1-103. Development of Agency Strategies. (a) Except as provided in section 6-605 of this order, each Federal agency shall develop an agency-wide environmental justice strategy, as set forth in sub- sections (b)-(e) of this section, that identifies and addresses disproportionately high and adverse hu- man health or environmental effects of its pro- grams, policies, and activities on minority popula- tions and low-income populations. The environ- mental justice strategy shall list programs, poli- cies, planning and public participation processes, enforcement, and/or rulemakings related to hu- man health or the environment that should be re- vised to, at a minimum: (1) promote enforcement of all health and environmental statutes in areas with minority populations and low-income popu- lations; (2) ensure greater public participation; (3) improve research and data collection relating to the health of and environment of minority popu- lations and low-income populations; and (4) iden- tify differential patterns of consumption of natu- ral resources among minority populations and low- income populations. In addition, the environmen- tal justice strategy shall include, where appropri- ate, a timetable for undertaking identified revisions and consideration of economic and social impli- cations of the revisions. (b) Within 4 months of the date of this order , each Federal agency shall identify an internal ad- ministrative process for developing its environ- mental justice strategy, and shall inform the Work- ing Group of the process. (c) Within 6 months of the date of this order each Federal agency shall provide the Workin~ Group with an outline of its proposed environ- mental justice strategy. (d) Within 10 months of the date of this order each Federal agency shall provide the Workin~ Group with its proposed environmental justice strategy. (e) Within 12 months of the date of this order each Federal agency shall finalize its environmen~ tal justice strategy and provide a copy and written description of its strategy to the Working Group. During the 12 month period from the date of this order, each Federal agency, as part of its environ- mental justice strategy, shell identify several spe- cific projects that can be promptly undertaken to address particular concerns identified during the development of the proposed environmental jus- tice strategy, and a schedule for implementing those projects. (f) Within 24 months of the date of this order each Federal agency shall report to the Workin~ Group on its progress in implementing its agency- wide environmental justice strategy. (g) Federal agencies shall provide additional periodic reports to the Working Group as re- quested by the Working Group. 1-104. Reports to The President. Within 14 months of the date of this order, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environ- mental Policy and the Office of the Assistant to the President for Domestic Policy, a report that de- scribes the implementation of this order, and in- cludes the final environmental justice strategies de- scribed in section 1-103 (e) of this order. Section. 2-2. Federal Agency Responsibili- ties for Federal Programs. Each Federal agency shall conduct its programs, policies, and activities that substantially affect hu- man health or the environment in a manner that ensures that such programs, policies, and activi- ties do not have the effect of excluding persons (including populations) from participation in, de- nying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under such, programs, policies, and activities, because of their race, color, or na- tional origin. Section 3-3. Research, Data Collection, and Analysis. 3-301. Human Health and Environmental Re- search and Analysis. (a) Environmental human health research, whenever practicable and appro- priate, shall include diverse segments of the popu- lation in epidemiological and clinical studies, in- cluding segments at high risk from environmental hazards, such as minority populations, low-income populations, and workers who may be exposed to substantial environmental hazards. (b) Environmental human health analyses, when- ever practicable and appropriate, shall identify multiple and cumulative exposures. (c) Federal agencies shall provide minority popula- tions and low-income populations the opportunity to comment on the development and design of re- search strategies undertaken pursuant to this order. 3-302. Human Health and Environmental Data Collection and Analysis. To the extent permitted by existing law, including the Privacy Act, as amended (5 USe. section 552a): (a) each federal agency, when- ever practicable and appropriate, shall collect, main- tain, and analyze information assessing and compar- ing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, F ed- eral agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations; (b) In connection with the development and implementation of agency strategies in section 1- 103 of this order, each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze information on the race, national ori- gin, income level, and other readily accessible and appropriate information for areas surrounding fa- cilities or sites expected to have substantial envi- ronmental, human health, or economic effect on the surrounding populations, when such facilities or sites become the subject of a substantial Fed- eral environmental administrative or judicial ac- tion. Such information shall be made available to the public unless prohibited by law; and (c) Each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze in- formation on the race, national origin, income level, and other readily accessible and appropriate infor- mation for areas surrounding Federal facilities that are: (1) subject to the reporting requirements un- der the Emergency Planning and Community Right-to-Know Act, 42 USe. section 11001-11050 as mandated in Executive Order No. 12856; and (2) expected to have a substantial environmental, human health, or economic effect on surrounding populations. Such information shall be made avail- able to the public unless prohibited by law. (d) In carrying out the responsibilities in this sec- tion, each Federal agency, whenever practicable and appropriate, shall share information and elimi- nate unnecessary duplication of efforts through the use of existing data systems and cooperative agree- ments among Federal agencies and with State, lo- cal, and tribal governments. Sec. 4-4. Subsistence Consumption Of Fish And Wildlife. 4-40 1. Consumption Patterns. In order to assist in identifying the need for ensuring protection of populations with differential patterns of subsis- Appendix A I 47 tence consumption of fish and wildlife, Federal agencies, whenever practicable and appropriate, shall collect, maintain, and analyze information on the consumption patterns of populations who prin- cipally rely on fish and/or wildlife for subsistence. Federal agencies shall communicate to the public the risks of those consumption patterns. 4-402. Guidance. Federal agencies, whenever practicable and appropriate, shall work in a coor- dinated manner to publish guidance reflecting the latest scientific information available concerning methods for evaluating the human health risks as- sociated with the consumption of pollutant-bear- ing fish or wildlife. Agencies shall consider such guidance in developing their policies and rules. Sec. 5-5. Public Participation and Access to Information. (a) The public may submit recommendations to Federal agencies relating to the incorporation of environmental justice principles into Federal agency programs or policies. Each Federal agency shall convey such recommendations to the Work- ing Group. (b) Each Federal agency may, whenever practi- cable and appropriate, translate crucial public documents, notices, and hearings relating to human health or the environment for limited En- glish speaking populations. (c) Each Federal agency shall work to ensure that public documents, notices, and hearings re- lating to human health or the environment are concise, understandable, and readily accessible to the public. (d) The Working Group shall hold public meetings, as appropriate, for the purpose of fact- finding, receiving public comments, and conduct- ing inquiries concerning. environmental justice. The Working Group shall prepare for public re- view a summary of the comments and recommen- dations discussed at the public meetings. Sec. 6-6. General Provisions. 6-601. Responsibility for Agency Implementation. The head of each Federal agency shall be respon- sible for ensuring compliance with this order. Each Federal agency shall conduct internal reviews and take such other steps as may be necessary to moni- tor compliance with this order. 6-602. Executive Order No. 12250. This Ex- ecutive order is intended to supplement but not 48 I RIGHTING THE WRONG supersede Executive Order No. 12250, which re- quires consistent and effective implementation of various laws prohibiting discriminatory practices in programs receiving Federal financial assistance. Nothing herein shall limit the effect or mandate of Executive Order No. 12250. 6-603. Executive Order No. 12875. This Ex- ecutive order is not intended to limit the effect or mandate of Executive Order No. 12875. 6-604. Scope. For purposes of this order, Fed- eral agency means any agency on the Working Group, and such other agencies as may be desig- nated by the President, that conducts any Federal program or activity that substantially affects hu- man health or the environment. Independent agencies are requested to comply with the provi- sions of this order. 6-605. Petitions for Exemptions. The head of a Federal agency may petition the President for an exemption from the requirements of this order on the grounds that all or some of the petitioning agency's programs or activities should not be sub- ject to the requirements of this order. 6-606. Native American Programs. Each Fed- eral agency responsibility set forth under this or- der shall apply equally to Native American pro- grams. In addition the Department of the Inte- rior, in coordination with the Working Group, and, after consultation with tribal leaders, shall coordi- nate steps to be taken pursuant to this order that address Federally recognized Indian Tribes. 6-607. Costs. Unless otherwise provided by law, Federal agencies shall assume the financial costs of complying with this order. 6-608. General. Federal agencies shall imple- ment this order consistent with, and to the extent permitted by, existing law. 6-609. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person. This order shall not be construed to create any right to judi- cial review involving the compliance or noncom- pliance of the United States, its agencies, its offic- ers, or any other person with this order. William J. Clinton THE WHITE HOUSE, February 11, 1994. APPENDIX B PREAMBLE WE, THE PEOPLE OF COLOR, gathered together at the multinational People of Color Envi- ronmental Leadership Summit, to begin to build a national and international movement of all peoples of color to fight the destruction and taking of our lands and communities, do hereby re-establish our spiritual interdependence to the sacredness of our Mother Earth; to respect and celebrate each of our cultures, languages and beliefs about the natural world and our roles in healing ourselves; to insure environmental justice; to promote economic alternatives which would contribute to the de- velopment of environmentally safe livelihoods; and to secure our political, economic and cultural liberation that has been denied for over 500 years of colonization and oppression, resulting in the poisoning of our communities and land and the genocide of our peoples, do affirm and adopt these Principles of Environmental Justice: 1. Environmental justice affirms the sacredness of Mother Earth, ecological unity and the interdependence of all species, and the right to be free from ecological destruction. 2. Environmental justice demands that public policy be based on mutual respect and justice for all peoples, free from any form of discrimination or bias. 3. Environmental justice mandates the right to ethical, balanced and responsible uses of land and renewable resources in the interest of a sustainable planet for humans and other living things. 4. Environmental justice calls for universal protection from nuclear testing, extraction, production and disposal of toxic/hazardous wastes and poisons and nuclear testing that threaten the fundamental right to clean air, land and water, and food. 5. Environmental justice demands the cessation of the production of all toxins, hazardous wastes and radioactive materials, and that all past and current producers be held strictly accountable to the people for detoxification and the containment at the point of production. 6. Environmental justice demands the right to participate as equal partners at every level of decision- making, including needs assessment, planning, implementation, enforcement and evaluation. 7. Environmental justice affirms the right of all workers to a safe and healthy work environment, without being forced to choose between an unsafe livelihood and unemployment. It also affirms the right of those who work at home to be free from environmental hazards. 8. Environmental justice protects the right of victims of environmental injustice to receive full compensation and reparations for damages as well as quality health care. 9. Environmental justice considers governmental acts of environmental injustice a violation of international law, the Universal Declaration on Human Rights, and the United Nations Convention on Genocide. 10. Environmental justice must recognize a special legal and natural relationship of Native Peoples to the U.S. Government through treaties, agreements, compacts, and covenants affirming sovereignty and self-determination. 11. Environmental justice affirms the need for urban and rural ecological policies to clean up and rebuild our cities and rural areas in balance with nature, honoring the cultural integrity of all our communities, and providing fair access for all to the full range of resources. 50 I RIGHTING THE WRONG 12. Environmental justice calls for the strict enforcement of principles of informed consent, and a halt to the testing of experimental reproductive and medical procedures and vaccinations on people of color. 13. Environmental justice opposes the destructive operations of multi-national corporations. 14. Environmental justice opposes military occupation, repression, and exploitation of lands, peoples and cultures, and other life forms. 15. Environmental justice calls for the education of present and future generations which emphasizes social and environmental issues, based on our experience and an appreciation of our diverse cultural perspectives. 16. Environmental justice requires that we, as individuals, make personal and consumer choices to consume as little of Mother Earth's resources and to produce as little waste as possible; and make the conscious decision to challenge and reprioritize our lifestyles to insure the health of the natural world for present and future generations. Adopted, October 27, 1991 The First National People of Color Environmental Leadership Summit Washington, D.C.