01RS HB104


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HB 104/LM (BR 268) - P. Bather, L. Clark, S. Riggs, G. Stumbo

     AN ACT relating to pollution.
     Create various sections of Subchapter 1 of KRS Chapter 224 to provide standards, procedures, reporting, notification, and liability protection relating to the voluntary cleanup of contaminated areas; empower Natural Resources and Environmental Protection Cabinet to promulgate regulations; create Cleanup Scientific Standards Advisory Board; identify environmental standards to be used; require compliance with cleanup standards to receive liability protection; provide for required statewide background, site, and health remediation standards; specify requirements for meeting background standards; provide for statewide health standards and requirements of persons seeking to meet the standards; provide for site-specific standards and requirements of persons seeking to meet site-specific standards; provide for special industrial site cleanup standards and requirements for remediation; clarify that the Act does not prevent the cabinet or persons from responding to emergencies; provide for limitations of liability for persons complying with cleanup standards; provide for conditions under which person shall be required to conduct additional remediation in addition to that provided for; create the Industrial Land Recycling Fund and the Industrial Sites Cleanup Fund; require reports to LRC; provide for fees for site cleanup applications; require plain language reporting; specify that permits and permit revisions are not required if remediation is undertaken entirely on site; provide that cabinet may not waive requirements when compliance is demonstrated; provide for change of land use; authorize promulgation of administrative regulations by Department of Agriculture; create civil and criminal penalties and specify persons to whom they apply; provide for reports to LRC; limit liability protections for owners, lenders, fiduciaries under certain conditions.


     HCS - Delete the original provisions; declare the public purpose to establish a voluntary cleanup and redevelopment program for properties suspected to be environmentally contaminated; define terms; establish criteria to apply to the program; require the cabinet to notify the applicant within forty-five days if the application is accepted or not; require the applicant and the cabinet to enter into an agreed order setting out the responsibilities of the parties; require the applicant to submit to the cabinet a site characterization report and a corrective action plan; require notice to be given to local government officials and the general public about the corrective action plan; require the applicant to file a corrective action completion report; require the cabinet to issue a covenant not to sue is no further remediation is necessary after completion of the corrective action plan; declare exclusions to the covenant not to sue; declare what are final actions of the cabinet for purposes of appeals; declare that the EPA Region 9 Preliminary Remediation Goals shall be used as screening levels; set out economic incentives to use the program; require the Kentucky Economic Development Finance Authority to review tax increment financing; create a new section of KRS Chapter 224 to establish an Agricultural Warehousing Sites Cleanup Fund to provide financial assistance to cleanup contamination of agricultural warehousing sites.

     Jan 4-introduced in House
     Jan 5-to Natural Resources and Environment (H)
     Feb 14-posted in committee
     Feb 21-reported favorably, 1st reading, to Calendar with Committee Substitute
     Feb 22-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Friday, February 23, 2001
     Feb 27-3rd reading, passed 96-0 with Committee Substitute
     Feb 28-received in Senate
     Mar 5-to Agriculture and Natural Resources (S)

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