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DEQ proposes $10,000 construction fee for Brownfields projects, to be detailed in EMP
Summary
DEQ staff said a proposed construction fee — conceptually $10,000 per year during the period of active construction — will be described in the revised Environmental Management Plan; DEQ said fees will be prorated for partial years and may be lower for smaller/utility‑only projects.
Jocelyn, who led the Environmental Management Plan (EMP) update portion of the meeting, told stakeholders a revised EMP template will be posted to the DEQ website in the coming weeks and will include references to recent DEQ soil‑management guidance.
Jocelyn said the EMP revisions are linked to a proposed construction fee intended to cover DEQ’s review work and some post‑occupancy monitoring. “The annual $10,000 we are looking at, we’ll have some specifics in the EMP on what that’s going to cover,” she said, describing the fee as a conceptual estimate for a typical redevelopment that requires EMP review, vapor mitigation plan review and limited post‑occupancy monitoring.
Jocelyn said the fee concept envisions charging during the period of active construction and that fees would be prorated for partial years or smaller scopes; utility‑only projects could incur a lower fee. She added that if a project has no vapor mitigation system review, the fee would be adjusted accordingly but some pre‑ and post‑occupancy sampling needs may remain.
Stakeholders asked whether the fee applies to projects already under construction or to new phases only. Jocelyn and Tracy said the fee is intended for new phases under the revised EMP and that DEQ has in past cases included language but waived fees for already‑completed work; Tracy said the fee would not be charged retroactively for completed work but would apply if the redevelopment is started again in the future.
DEQ staff said exact invoicing logistics are still being worked out (annual invoices, anniversary‑date invoicing or a single bulk invoice), and encouraged project teams to plan ahead for potential fees. Staff said the EMP will include details on what the fee covers and that developers will be able to discuss fee levels with their project manager during review.
Jocelyn asked stakeholders to prepare for discussions with project managers once the EMP is posted and cautioned that the construction‑fee conversation and EMP launch are linked.
The division did not propose a final fee policy at the meeting and said details — including invoicing cadence and exact fee components — will be included in the published EMP.
