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

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Presentation transcript:

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 and KRS 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.