Upload
janis-james
View
220
Download
0
Embed Size (px)
Citation preview
Kentucky Department for Environmental Protection
HB 465
Revitalizing Kentucky’s Communities
Kentucky Department for Environmental Protection 2
Presentation Outline
• Background• Challenges• Agency Actions• HB 465• Next Steps
Kentucky Department for Environmental Protection 3
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
Kentucky Department for Environmental Protection 4
Brownfields Challenges
• Concerns limiting the cleanup and use of brownfields properties include:
– Greenfields– Liability concerns– Cost of cleanup– Ability to borrow money– Future vision
Kentucky Department for Environmental Protection 5
Brownfield Program Highlights
• Kentucky has made significant progress:
– Revised cleanup standards– Technical assistance– Grant training– Visioning sessions– Tax credits– BFPP liability defense
Kentucky Department for Environmental Protection 6
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
Kentucky Department for Environmental Protection 7
HB 465
• Objective 1: Maintain existing cleanup standards
– Corrective action requirements remain the same– Parties that caused the release remain responsible for
the release
Kentucky Department for Environmental Protection 8
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
Kentucky Department for Environmental Protection 9
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
Kentucky Department for Environmental Protection 10
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.