By: Lydia Crawley
The Parsons Advocate
Davis Mayor Dr. Alan Tomson testified before a Congressional Subcommittee on the issue of the National Brownfields Coalition. The Subcommittee was holding the hearing to discuss potential changes to the EPA Brownfields program. The program supports land revitalization through grants and technical assistance to assist communities clean up and sustainably reuse brownfield sites. In Davis, this program helped fund the revitalization of what is now Big Timber Logging Camp from what was once a dilapidated gas station.
In his statement to the Subcommittee, Tomson spoke of his support for the program as it stood and how it has effected the community of Davis. He said that the program transformed an abandoned, contaminated gas station on the main street into a thriving business and juxtaposed it with a private LLC’s plans to construct a 1,600 megawatt power plant on a Brownfields site.
“This project would fundamentally alter our tourism economy, landscape, public health, and community character. Davis strongly opposes it. The fact that it is a brownfield site does not automatically make the project appropriate,” Tomson said.
Tomson’s testimony touched on the potential legislative changes to the program that could prioritize such projects as the Ridgeline Power Plant. Tomson asserted that changes to existing policy could see such project receive priority funding under the proposed changes.
“Under the legislative package before you, such a project could be labeled a “nationally significant infrastructure facility,” it would receive priority access to EPA brownfields funds, and be exempt from review under the National Environmental Policy Act (NEPA) — therefore eliminating meaningful local consent,” Tomson said.
Prior to the proposed changes, Tomson said that the program has always been community centered. The proposed changes would allow billion-dollar industries to compete for shrinking grant funding with small communities such as Davis, if passed.
“The Brownfields Program has always been about helping communities—not subsidizing billion-dollar industrial ventures. Meanwhile, funding is projected to drop sharply—from nearly $350 million annually to about $98 million when the Infrastructure Investment and Jobs Act support ends in 2026,” Tomson said.
Tomson said there are an estimated 450,000 Brownfield sites nationwide. Those sites will be left to compete for the reduced funding with private LLCs and other private entities if the proposed legislation passes.
Tomson was one of four witnesses to testify at the Congressional Hearing along with another supporter of the program as it stands and two who supported reform, including a data center representative.
“With fewer than one-half of grant applications funded, the program is already oversubscribed. We should not allow private LLCs to compete directly with small towns, cities, states, and nonprofits for scarce dollars,” Tomson said.
Tomson outlined what he saw as three major problems with the current proposals. The first lied with making private for-profit LLCs eligible for direct grants which would divert funding from local governments and nonprofits. The second was in what Tomson saw as the granting of preferential treatment and NEPA exemptions for heavy industrial uses that essentially would remove community input. Lastly, he said he saw fault in creating a duplicative financing structure that could concentrate funds in a handful of very large projects.
Tomson said the changes were not necessary due to the existing public-private collaboration that exists. A Revolving Loan Fund already provides low-interest financing to private developers. Tomson said the structure essentially works, it may just require additional funding and support.
Tomson outlined a reauthorization plan that the National Brownfields Coalition supported. This plan included:
• Authorizes robust funding—up to $450 million annually
• Raises per-grant caps for assessment, cleanup, and multipurpose grants
• Provides flexibility for small and rural communities, including potential match waivers
• Strengthens state programs, and
• Removes the arbitrary 5 percent administrative cost cap for Brownfield grantees
“We also support reinstating the Brownfields Tax Incentive, which previously helped drive private cleanup investment nationwide.” Tomson said.
During the questioning portion of the three hour hearing, Tomson fielding questions from such Members of Congress as Ranking Member Mr. Tonko who questioned Tomson on whether cost share requirements could be a barrier for some communities to pursue an EPA grant and if waiving the requirements would be warranted.
Ranking Member Mr. Pallone voiced concern that the legislation could prioritize private companies over local communities in terms of access to Brownfield grants. Mr. Pallone also said he was concerned about incentives for the private sector.
Mr. Evans of Colorado asked Tomson if he could think of a way in which a Brownfields Project could minimize environmental impact and maximize economic benefit under the proposed changes. Tomson replied that he felt that the inventory was already established and that other entities could redevelop without the need for Brownfields funds.
Mr. Menendez of New Jersey questioned Tomson as to whether prioritizing what he described as pollution creating projects could negatively impact communities living nearby. Tomson in his remarks cited the Tucker Untied funded Harvard and M.I.T. study conducted and its findings.
Mrs. Fedorchak of North Dakota said she was fascinated by Tomson. She questioned Tomson on the Davis Brownfields project where Big Timber Logging Camp is now located. This was followed up by a question about the “data center” project and if there were any permitting processes in place for such a project. Tomson said that due to current West Virginia code, i.e. HB2014, local government has no oversight on such projects and all oversight is handled by the State.
Tomson was also addressed by Ms. Barragan of California and Mr. Pfluger of Texas, as well.
Tomson is currently in his third term as Mayor of Davis. He is an Army veteran and West Point Graduate who retired from the military as a Senior Executive at the Major General-equivalent level.
