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HB378 ENROLLED CVB4JW-3 By Representative Brown RFD:
DSMMNN-1 05/01/2023 ZAK (L)cr 2023-1862 SUB HB378 ECONOMIC DEVELOPMENT AND TOURISM SUBSTITUTE TO HB378 OFFERED BY REPRESENTATIVE BROWN 2 4 SYNOPSIS:
Economic Development and Tourism First Read:
Under existing law, non-responsible parties are released from certain liabilities related to a brownfield site if they participate in the voluntary cleanup program administered by the Alabama Department of Environmental Management.
25-Apr-23 2023 Regular Session Page 0 HB378 Enrolled Enrolled, An Act, 3 Relating to environmental protection;
This bill would allow potentially responsible parties to be released from liability related to a brownfield site if they participate in the voluntary cleanup program.
This bill would create the Brownfield Remediation Reserve Fund to assist in costs associated with remediating certain brownfields.
This bill would provide for the creation of brownfield redevelopment districts to further provide for the remediation and ultimate reuse of brownfields.
This bill would also make nonsubstantive, technical revisions to update the existing code language to current style.
A BILL TO BE ENTITLED AN ACT Page 1 Relating to environmental protection;
(b) The Legislature finds that industries and developers often give preference to previously unused Page 1 HB378 Enrolled greenfield sites are often selected for development over previously used property due largely to concerns over the financial and environmental liabilities which may be incurred in acquiring such previously used property for reuse and redevelopment.
(b) The Legislature finds that industries and developers often give preference to previously unused greenfield sites are often selected for development over Page 2 previously used property due largely to concerns over the financial and environmental liabilities which may be incurred in acquiring such previously used property for reuse and redevelopment.
This finding shall not be interpreted to relieve a "responsible person," as defined by Section 22-30E-3, from any liability for administrative, civil, or criminal fines or penalties otherwise authorized by law and imposed as a result of illegal Page 2 HB378 Enrolled disposal of waste or for pollution of the land, air, or waters of the state in violation of established laws and regulations on an identified property.
This finding shall not be interpreted to relieve a "responsible person," as defined by Section 22-30E-3, from any liability for administrative, civil, or criminal fines or penalties otherwise authorized by law and imposed as a result of illegal disposal of waste or for pollution of the land, air, or waters Page 3 of the state in violation of established laws and regulations on an identified property.
An amount provided to the department by a responsible person applicant pursuant to Section 22-30E-5 for deposit into and to Page 3 HB378 Enrolled be used for the purposes of the Brownfield Remediation Reserve Fund.
An amount provided to the department by a responsible person applicant pursuant to Section 22-30E-5 for deposit into and to be used for the purposes of the Brownfield Remediation Reserve Page 4 Fund.
95 (5)(6) COMMISSION.
(5)(6) COMMISSION.
Page 4 HB378 Enrolled (8)(9) FACILITY.
(8)(9) FACILITY.
The term is synonymous with "property." (9)(10) HAZARDOUS SUBSTANCE.
The term is synonymous with Page 5 "property." (9)(10) HAZARDOUS SUBSTANCE.
Any person who owned, operated, or otherwise controlled activities at a facility immediately prior to title Page 5 HB378 Enrolled or control of the facility being conveyed due to bankruptcy, foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government.
Any person who owned, operated, or otherwise controlled activities at a facility immediately prior to title or control of the facility being conveyed due to bankruptcy, Page 6 foreclosure, tax delinquency, abandonment, or similar means to a unit of state or local government.
Are incurred after issuance of the Letter of Concurrence with Conditions for, or with respect to, the Page 6 HB378 Enrolled investigation, assessment, cleanup, remediation, control, or removal of contaminants resultant from, in whole or part, a preexisting release at the qualifying property that were identified and addressed in reports, assessments, or plans approved by the department to demonstrate compliance with the risk reduction standards from the qualifying property.
Are incurred after issuance of the Letter of Concurrence with Conditions for, or with respect to, the investigation, assessment, cleanup, remediation, control, or Page 7 removal of contaminants resultant from, in whole or part, a preexisting release at the qualifying property that were identified and addressed in reports, assessments, or plans approved by the department to demonstrate compliance with the risk reduction standards from the qualifying property.
Page 7 HB378 Enrolled (17)(21) RELEASE.
(17)(21) RELEASE.
Any intentional or unintentional act or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, petroleum products, or hazardous substance.
Any intentional or unintentional act Page 8 or omission resulting in the spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, including, without limitation, the abandonment or discarding of barrels, containers, and other closed receptacles, of any hazardous waste, hazardous constituent, petroleum products, or hazardous substance.
Those actions taken in the event of a release or threatened release of a hazardous waste, hazardous constituent, petroleum product, or hazardous substance into the environment to remove, or to prevent, or Page 8 HB378 Enrolled minimize the release of hazardous waste, hazardous constituents, petroleum products, or hazardous substances so that they do not pose a threat to public health or the environment.
Those actions taken in the event of a release or threatened release of a hazardous waste, hazardous constituent, petroleum product, or hazardous substance into the environment to remove, or to prevent, or minimize the release of hazardous waste, hazardous Page 9 constituents, petroleum products, or hazardous substances so that they do not pose a threat to public health or the environment.
The Page 9 HB378 Enrolled Voluntary Cleanup Properties Inventory compiled and updated by the department pursuant to Section 22-30E-11.
The Voluntary Cleanup Properties Inventory compiled and updated by Page 10 the department pursuant to Section 22-30E-11.
(4) Rules and regulations governing the maintenance and retention of records pertaining to activities carried out Page 10 HB378 Enrolled under this chapter.
(4) Rules and regulations governing the maintenance and retention of records pertaining to activities carried out under this chapter.
(5) Rules and regulations providing for public notice and participation and for meaningful community involvement in the voluntary cleanup program.
Page 11 (5) Rules and regulations providing for public notice and participation and for meaningful community involvement in the voluntary cleanup program.
The department may grant a variance from the eligibility requirements contained in subsection (a) of Page 11 HB378 Enrolled Section 22-30E-6(a), and/or subsection (a) of Section 22-30E-7(a), or both, only if the department finds that such the requirements would render a property ineligible for cleanup under this chapter, that no other qualified party has applied to participate in the voluntary cleanup program at the subject property, and that:
The department may grant a variance from the eligibility requirements contained in subsection (a) of Section 22-30E-6(a), and/or subsection (a) of Section Page 12 22-30E-7(a), or both, only if the department finds that such the requirements would render a property ineligible for cleanup under this chapter, that no other qualified party has applied to participate in the voluntary cleanup program at the subject property, and that:
Participation in the voluntary cleanup program may be used to speed up required investigation and cleanup at such sites, but Page 12 HB378 Enrolled shall not serve to limit the applicability or enforcement of any applicable requirements at such facilities.
Participation in the voluntary cleanup program may be used to speed up required investigation and cleanup at such sites, but shall not serve to limit the applicability or enforcement of Page 13 any applicable requirements at such facilities.
(3) The department may set cleanup levels which that Page 13 HB378 Enrolled reflect current and future use scenarios for the property as follows:
(3) The department may set cleanup levels which that reflect current and future use scenarios for the property as Page 14 follows:
(2)(3) To make determinations, in accordance with procedures and criteria enumerated in this chapter and rules Page 14 HB378 Enrolled and regulations promulgated adopted pursuant to this chapter, as to whether a proposed voluntary cleanup plan is sufficient to bring the qualifying property into compliance with the cleanup standards.
(2)(3) To make determinations, in accordance with procedures and criteria enumerated in this chapter and rules and regulations promulgated adopted pursuant to this chapter, Page 15 as to whether a proposed voluntary cleanup plan is sufficient to bring the qualifying property into compliance with the cleanup standards.
(12) To apply and use the amounts in the Brownfield Remediation Reserve Fund, in the determination of the department, provided the amount does not exceed four million Page 15 HB378 Enrolled dollars ($4,000,000) per property, to pay the post-remediation costs with respect to any property in the state which was cleaned up or remediated in accordance with the provisions of this act after December 31, 2023, for which there is no responsible person, or in instances where the established risk reduction standards upon which a cleanup or remediation was previously conducted have changed, without regard to whether the amounts in the Brownfield Remediation Reserve Fund to be used for the property were derived from, or in respect of, the property.
(12) To apply and use the amounts in the Brownfield Remediation Reserve Fund, in the determination of the department, provided the amount does not exceed four million dollars ($4,000,000) per property, to pay the post-remediation Page 16 costs with respect to any property in the state which was cleaned up or remediated in accordance with the provisions of this act after December 31, 2023, for which there is no responsible person, or in instances where the established risk reduction standards upon which a cleanup or remediation was previously conducted have changed, without regard to whether the amounts in the Brownfield Remediation Reserve Fund to be used for the property were derived from, or in respect of, the property.
(d) The department shall collect from each responsible Page 16 HB378 Enrolled person applicant a Brownfield Remediation Reserve Fund contribution in the amount of five hundred dollars ($500) per acre for each qualifying property in addition to the voluntary cleanup program application and oversight fees established by the department.
(d) The department shall collect from each responsible person applicant a Brownfield Remediation Reserve Fund Page 17 contribution in the amount of five hundred dollars ($500) per acre for each qualifying property in addition to the voluntary cleanup program application and oversight fees established by the department.
(e) Any unexpended or unencumbered funds remaining in the Brownfield Remediation Reserve Fund at the end of the state fiscal year shall not revert to the State General Fund but shall be retained in the fund for continued use in accordance with this chapter." "§22-30E-9 (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department's approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, whichever first occurs, an applicant who is not a responsible person, as defined in Section 22-30E-3, at the with respect to a qualifying property, shall be fully discharged and released from any and all liability not be liable to the state or any third party other person, including any successor in interest to the applicant with respect to the qualifying property, for costs incurred , including any remediation costs or post-remediation costs.in the investigation or cleanup of, or equitable relief relating to, or damages resultant from, in whole or in part, a preexisting release at the qualifying property, including, but not limited to, any liability to the state for the cleanup of the property under Chapters 22, 27, 30, 30A, and 35 of this Page 17 HB378 Enrolled title, or a new release of a substance, constituent, or material which had been part of a preexisting release at the property, unless such new release results from noncompliance with an approved voluntary property assessment plan or voluntary cleanup plan or from the negligent, wanton, willful, or intentional conduct of the applicant.
(e) Any unexpended or unencumbered funds remaining in the Brownfield Remediation Reserve Fund at the end of the state fiscal year shall not revert to the State General Fund but shall be retained in the fund for continued use in accordance with this chapter." "§22-30E-9 (a) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department's approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, whichever first occurs, an applicant who is not a responsible person, as defined in Section 22-30E-3, at the with respect to a qualifying property, shall be fully discharged and released from any and all liability not be liable to the state or any third party other person, including any successor in interest to the applicant with respect to the qualifying property, for costs incurred , including any remediation costs or post-remediation costs.in the investigation or cleanup of, or equitable relief relating to, or damages resultant from, in whole or in part, a preexisting release at the qualifying property, including, but not limited to, any liability to the state for the cleanup of the property under Chapters 22, 27, 30, 30A, and 35 of this title, or a new release of a substance, constituent, or Page 18 material which had been part of a preexisting release at the property, unless such new release results from noncompliance with an approved voluntary property assessment plan or voluntary cleanup plan or from the negligent, wanton, willful, or intentional conduct of the applicant.
Page 18 HB378 Enrolled (4)(5) If at any time the department determines activities at the property are not being implemented in accordance with the voluntary property assessment plan, the department may, after a reasonable opportunity is given to cure the deficiency, revoke the limitation of liability by providing the applicant with written notification specifying the basis for making such the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the plan within a reasonable specified time.
(4)(5) If at any time the department determines Page 19 activities at the property are not being implemented in accordance with the voluntary property assessment plan, the department may, after a reasonable opportunity is given to cure the deficiency, revoke the limitation of liability by providing the applicant with written notification specifying the basis for making such the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the plan within a reasonable specified time.
(5)(6) An applicant shall, upon completion of those activities specified in the voluntary property assessment plan, submit to the department a report of the assessment and findings from the assessment, which may include a Page 19 HB378 Enrolled recommendation for applying cleanup standards to the property.
(5)(6) An applicant shall, upon completion of those activities specified in the voluntary property assessment plan, submit to the department a report of the assessment and findings from the assessment, which may include a recommendation for applying cleanup standards to the property.
(c)(1) A voluntary cleanup plan submitted by an applicant shall describe in sufficient detail those actions planned to satisfy the cleanup standards for the qualifying property.
Page 20 (c)(1) A voluntary cleanup plan submitted by an applicant shall describe in sufficient detail those actions planned to satisfy the cleanup standards for the qualifying property.
(5) If at any time the department determines the cleanup is not being implemented in accordance with the voluntary cleanup plan, the department may, after a reasonable opportunity is given to cure the deficiency, revoke the Page 20 HB378 Enrolled limitation of liability by providing the applicant with written notification specifying the basis for making such the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the voluntary cleanup plan within a reasonable specified time.
(5) If at any time the department determines the cleanup is not being implemented in accordance with the voluntary cleanup plan, the department may, after a reasonable opportunity is given to cure the deficiency, revoke the limitation of liability by providing the applicant with Page 21 written notification specifying the basis for making such the determination and requesting modification and resubmission of a modified plan or an opportunity to address any deficiencies in implementing the voluntary cleanup plan within a reasonable specified time.
(d) Upon the department's approval of the voluntary property assessment plan or voluntary cleanup plan, the property shall be listed on the Voluntary Cleanup Properties Page 21 HB378 Enrolled Inventory as provided in Section 22-30E-11.
(d) Upon the department's approval of the voluntary property assessment plan or voluntary cleanup plan, the property shall be listed on the Voluntary Cleanup Properties Inventory as provided in Section 22-30E-11.
(e) For those properties that are cleaned up to standards less stringent than those required for unrestricted residential use, the property owner shall comply with the requirements of subsection (b) of Section 22-30E-11 within 60 days of the submission of the certification of compliance.
Page 22 (e) For those properties that are cleaned up to standards less stringent than those required for unrestricted residential use, the property owner shall comply with the requirements of subsection (b) of Section 22-30E-11 within 60 days of the submission of the certification of compliance.
(g) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department's approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, with respect to a qualifying property, a responsible person applicant shall be fully discharged and released from any and all liability to the state or to any other person, including any successor in interest to the applicant, with respect to the qualifying property for post-remediation costs incurred in connection with, equitable relief relating to, or damages resultant from, in whole or in part, a preexisting release at the qualifying Page 22 HB378 Enrolled property." "§35-19-4 (a) An environmental covenant must meet all of the following requirements:
(g) Subject to Sections 22-30E-8 and 22-30E-10, upon the first to occur of the department's approval of a voluntary property assessment plan, approval of a voluntary cleanup plan, or concurrence with the certification of compliance described in this section, with respect to a qualifying property, a responsible person applicant shall be fully discharged and released from any and all liability to the state or to any other person, including any successor in interest to the applicant, with respect to the qualifying property for post-remediation costs incurred in connection with, equitable relief relating to, or damages resultant from, in whole or in part, a preexisting release at the qualifying property." Page 23 "§35-19-4 (a) An environmental covenant must meet all of the following requirements:
Page 23 HB378 Enrolled (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant.
(3) Rights of access to the property granted in Page 24 connection with implementation or enforcement of the covenant.
The petition shall be Page 24 HB378 Enrolled executed by the owners of all affected properties who elect to be included within the district and shall set forth therein, or by attachments, all of the following:
The petition shall be executed by the owners of all affected properties who elect to Page 25 be included within the district and shall set forth therein, or by attachments, all of the following:
A description by any reasonable reference method, Page 25 HB378 Enrolled including metes and bounds, tax assessment tracts, subdivision lots, or deeds of the affected properties to be included in the district.
A description by any reasonable reference method, including metes and bounds, tax assessment tracts, subdivision Page 26 lots, or deeds of the affected properties to be included in the district.
(1) A legislative determination that the establishment Page 26 HB378 Enrolled and incorporation of the district is necessary and in the public interest.
(1) A legislative determination that the establishment and incorporation of the district is necessary and in the Page 27 public interest.
(2) Upon filing the articles of incorporation, the district shall come into existence as a public corporation Page 27 HB378 Enrolled under the name provided in the articles and have all authority and powers provided by this chapter.
(2) Upon filing the articles of incorporation, the district shall come into existence as a public corporation under the name provided in the articles and have all authority Page 28 and powers provided by this chapter.
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§22-30E-15 (a) A brownfield redevelopment district formed and incorporated pursuant to Section 22-30E-14 shall be governed Page 28 HB378 Enrolled by a board of directors who shall have and exercise all power and authority of the district.
§22-30E-15 (a) A brownfield redevelopment district formed and incorporated pursuant to Section 22-30E-14 shall be governed by a board of directors who shall have and exercise all power Page 29 and authority of the district.
(3) At the direction of the local government which Page 29 HB378 Enrolled established the district:
(3) At the direction of the local government which established the district:
a.
Page 30 a.
Page 30 HB378 Enrolled ________________________________________________ Speaker of the House of Representatives ________________________________________________ President and Presiding Officer of the Senate House of Representatives I hereby certify that the within Act originated in and was passed by the House 09-May-23, as amended.
Page 31
John Treadwell Clerk Senate 24-May-23 Passed Page 31