Kentucky Department for Environmental Protection HB 465 Revitalizing Kentucky’s Communities

Kentucky Department for Environmental Protection

HB 465

Revitalizing Kentucky’s Communities

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Presentation Outline

• Background• Challenges• Agency Actions• HB 465• Next Steps

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Background

• Brownfields are properties that are underused because of environmental contamination

• It is estimated that there are more than 8,000 brownfields in Kentucky

• Typically small and rural

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Brownfields Challenges

• Concerns limiting the cleanup and use of brownfields properties include:

– Greenfields– Liability concerns– Cost of cleanup– Ability to borrow money– Future vision

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Brownfield Program Highlights

• Kentucky has made significant progress:

– Revised cleanup standards– Technical assistance– Grant training– Visioning sessions– Tax credits– BFPP liability defense

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HB 465

• Primary goal of HB 465 was to increase certainty regarding future liability

• Concept was thoroughly vetted prior to the session

• Supported by a wide range of business and environmental stakeholders

• Passed unanimously by both the House and Senate

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HB 465

• Objective 1: Maintain existing cleanup standards

– Corrective action requirements remain the same– Parties that caused the release remain responsible for

the release

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HB 465

• Objective 2: Provide liability assurances for innocent parties that purchase brownfields

– The party must meet eligibility criteria– The Cabinet must agree that the proposed land use is

appropriate– The party must provide access if cleanup or

monitoring actions are needed

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HB 465

• Objective 3: Clarify existing UST liability

– KRS 224.01-400 and KRS 224.01-405 cleanup standards do not apply to USTs cleaned up under the UST program.

– DWM will be modifying their NFA letters

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Next Steps

• The Cabinet will need to file regulations related to the implementation of this bill

• The public will be involved in regulation development

• Goal is to file draft regulations in October• Some of the smaller provisions in the bill may be

implemented as soon as it goes into effect in July.