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

2. Kentucky Department for Environmental Protection 2 Presentation Outline Background Challenges Agency Actions HB 465 Next Steps

3. 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

4. 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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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.