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CS/CS/CS/HB 325 — Brownfields

by Economic Affairs Committee; Local and Federal Affairs Committee; and Economic Development and Tourism Subcommittee; and Reps. Stone, Hutson, and others (CS/CS/SB 586 by Judiciary Committee; Environmental Preservation and Conservation Committee; and Senator Altman)

This summary is provided for information only and does not represent the opinion of any Senator, Senate Officer, or Senate Office.

Prepared by: Environmental Preservation and Conservation Committee (EP)

The bill clarifies procedures for brownfield designation under the Brownfield Redevelopment Act. It specifies that a local government does not have to use the term “brownfield area” in the name once one has been designated. The bill provides additional liability protection from damages to property for individuals who successfully complete a brownfield site rehabilitation agreement (BSRA). The liability protection applies to causes of action accruing on or after July 1, 2014. The bill specifies that liability protection does not apply to a person who caused the discharge at a property subject to a BSRA, commits fraud in demonstrating site conditions or in completing site rehabilitation of a property subject to a BSRA, or exacerbates contamination of a property subject to a BSRA in violation of applicable laws.

If approved by the Governor, these provisions take effect July 1, 2014.

Vote: Senate 37-0; House 115-0