If at least 15% of a community is low income, minority or not of American origin it can receive the designation of an environmental justice community. Once a community meets those standards, the original policy stated that it could be subjected to heightened environmental monitoring. The policy mainly affects development of brownfields in urban areas, especially smaller cities such as Worcester, Lowell and New Bedford and those cities were concerned that the original policy would discourage developers from building projects on those sites.

"The original draft had the potential to put up a series of roadblocks for development in urban areas because of the increased monitoring and permitting required in those communities," Paul Matthews, director of government and public affairs for the Greater Worcester Chamber of Commerce, tells GlobeSt.com. "We felt it contradicted the state's policy on development of brownfields and that it would create a disincentive for developers to develop in those communities."

A number of local real estate and business trade groups--such as the National Association of Office and Industrial Properties and the Associated Industries of Massachusetts--were fiercely opposed to the policy and petitioned Durand to make changes to it. Matthews notes that the new policy addresses the concerns that were expressed and "buttresses the state's policy on brownfields and encourages development of those sites."

According to the new policy, brownfields that trigger a review under the Massachusetts Environmental Policy Act may be considered as environmental restoration projects allowing for an expedited review. Also there is some flexibility on whether a site would be subject to the MEPA process if the only trigger point is that the project is receiving state assistance. Matthews emphasizes that this policy change does not signal a relaxing of environmental standards but rather a method to cut through additional red tape. "These sites do not have environmental concerns. The only trigger for a MEPA review is financial assistance," he points out. Another significant change is that Durand's office has earmarked $1 million in capital funding to support the inventory of brownfields. "In such a tight state budget year it is exceptionally commendable that they were able to pull together that funding," notes Matthews.

Worcester alone has 500 acres of brownfields sites. "Many cities outside of Boston missed out on the real estate boom for commercial and real estate properties," says Matthews. If it gets too difficult to develop in these cities, Matthews notes that many companies will just build in the suburbs but he adds "we want to be an alternative to that. This new policy offers significant reforms to encourage brownfields redevelopment."

David Begelfer, NAIOP CEO, agrees. "This Environmental Justice policy is an example of how effective a collaborative process can be. Headed by the state's environmental agency, a policy was developed that not only provides safeguards for urban areas, but also recognizes the importance of encouraging the redevelopment of abandoned Brownfield sites," he says.