SB 2/FN (BR 362) - R. Leeper, D. Karem, R. Roeding, E. Tori
AN ACT relating to environmental protection.
Create a new range of statutes in subchapter 1 of KRS Chapter 224 to establish a process to promote voluntary cleanup and redevelopment of properties suspected of environmental contamination as a result of the release of hazardous substances or petroleum; establish criteria to enter program; require a characterization plan; exclude property that is part of or contains a site listed on the National Priorities List, property that is part of or contains a site subject to the federal Resource Conservation and Recovery Act, property subject to state or federal environmental enforcement action relating to a release, and sites that present an imminent danger; require an application fee based on acreage of the site to be cleaned up; require fees to be used by the cabinet to administer the program; require the cabinet, if requested, to meet with the applicant to discuss the environmental assessment requirement; require the cabinet to notify the Department for Public Health if the application relates to hazardous substances over which the department has authority; allow limited confidentiality of application; require the cabinet to notify an applicant within 45 days if the application is accepted; allow the cabinet to reject an application if the cabinet determines the property is ineligible to participate in the program, the application is not complete, or the cabinet withdraws from agreed order negotiations; require the cabinet to notify an applicant of the reasons for rejecting an application; allow an applicant 90 days after initial rejection to complete or revise an application without incurring an additional fee; allow the cabinet 45 days to review the resubmittal; allow the applicant and cabinet to meet if the revised application is not approved; require the cabinet and applicant to enter into a voluntary remediation agreement after an application is accepted stating the responsibilities of the parties involved in the project; require an agreement to identify any hazardous substance and petroleum released or believed to be released, to include the applicant's agreement to characterize the release, to submit a characterization report and a remediation plan within 120 days after the date of the agreement unless a longer period is agreed to by the parties, and to submit a remediation work plan report by the date agreed upon by the parties; require the agreement to include the estimated costs of oversight and the applicant's agreement to reimburse the cabinet for oversight costs unless waived by the cabinet; require the agreement to include the applicant's agreement to complete remediation on the agreed schedule according to the approved work plan; require the agreement to include a requirement that records be retained and provided to the cabinet on request; allow the cabinet or applicant, after a reasonable time, to withdraw from negotiations for the agreement; require the applicant to submit a site characterization report and remediation work plan to the cabinet after execution of an agreement; require the plan to be submitted to the Department for Public Health if the department has regulatory authority over the hazardous substances involved; require the plan to include detailed documentation of the characterization conducted by the applicant to determine the nature and extent of the release, a description of the remediation work plan proposed to complete the remediation, a schedule for implementation, a description of techniques used or proposed, a description of measures to protect human health and safety during remediation, a plan to allow public comment, identification of limits on land use for the site, identification of any petroleum storage tanks on site, and a requirement to update the remediation work plan if new releases are discovered or caused during characterization or remediation; require the cabinet to review the characterization and corrective action plan and approve or deny the plan within 60 days of receipt of the plan; allow the cabinet to request additional or corrected information; allow the applicant 30 days to comply with the request; allow the applicant to request a final determination within 30 days of receiving the cabinet's request; require the cabinet to notify the applicant and commenters upon approval of a remediation work plan; require the cabinet to deny a plan for failure to provide information; require the cabinet to notify the applicant and commenters if the plan is denied of reasons for the denial; require the cabinet to inform the applicant of the right to appeal the decision; allow 30 days after notice of denial for the applicant to inform the cabinet if a revised plan or remediation work completion report will be submitted; require the applicant, prior to submitting a remediation work plan, to notify local governments of the remediation work plan, to provide a copy of the plan to a public library in the county affected by the remediation, to submit a notice in a newspaper asking for public comment, and to post a sign on the property stating where and when the plan is available for public review and comment; require a 30 day comment period following publication of the notice; allow any person to request a public hearing; require the cabinet to consider all public comments prior to taking any action; require a remediation work completion report certifying completion of remediation in compliance with the plan; require the cabinet to review the report; allow the cabinet to conduct its own investigation to verify that remediation is complete; require the cabinet to issue a covenant not to sue the applicant if the cabinet finds no further remediation is required and the applicant has paid the cabinet's expenses for oversight; stipulate that the covenant not to sue shall preclude the cabinet's prosecution of civil or administrative enforcement action against the applicant for civil liability regarding the contamination identified in the remediation work plan; require the covenant to be recorded with the county clerk in the county where the property is located within 30 days of issuance by the cabinet; stipulate that the covenant is not effective until recorded and a certified copy is received by the cabinet and the requirements of the agreement and the remediation work plan are in the deed; stipulate that the covenant shall not apply to other releases not expressly identified in the remediation work plan, the applicant's failure to comply with the provisions of this new range of statutes, the agreed order, the approved corrective action plan, the approved corrective action completion report, the applicant's failure to comply with any required land use restrictions and engineering or institutional controls resulting from the requirements of this new range of statutes, the applicant's exacerbation of the contamination identified in the remediation work plan, criminal liability, claims arising from misrepresentations or intentional omissions of the applicant, liability arising from conditions unknown to the cabinet, and claims arising from changed scientific knowledge; stipulate actions that constitute final determination by the cabinet that may be appealed; establish an Environmental Cleanup Standards Science Advisory Board; require the board to assist the cabinet in developing environmental remediation standards; require the cabinet to provide support to the board; require the cabinet to promulgate standards established by the board; require the standards to be used for voluntary cleanups or cleanups ordered by the cabinet; establish U.S. EPA Region 9 Preliminary Remediation Goals to be used by the cabinet to determine if remediation is necessary and as interim cleanup standards until the board environmental cleanup standards are established; require anyone who proposes a voluntary cleanup or is required to cleanup a hazardous substance and who wishes to obtain the liability protections of this new range of statutes to comply with environmental standards as set out in the section; require the cabinet to solicit an evaluation of the program and recommendations to improve the program; require that costs incurred by an applicant in remediating property shall be considered approved costs for the purposes of economic development incentives found in KRS 154.26-010 to 154.26-100 and KRS 154.28-010 to 154.28-100; allow remediation of property owned by a governmental agency to qualify as an infrastructure project for the purposes of this chapter; require the Economic Development Finance Authority to review and report to the Interim Joint Committee on Local Government by March 31, 2002, on the practical use of tax increment financing for redevelopment of sites containing environmental contamination.
SB 2 - AMENDMENTS
SCA (1, R. Leeper) - Delete the requirement that the cabinet use U.S. EPA Region 9 Preliminary Remediation Goals as interim cleanup standards; delete references to KRS Chapter 154 related to economic development programs of the Kentucky Economic Development Finance Authority; and direct that the Office of Financial Management shall assist the Authority in reviewing economic development financing mechanisms.
HCS/FN - Delete 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 give 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 if no further remediation is necessary after completion of the corrective action plan; declare exclusions to the covenant not to sue; decree what are final actions of the cabinet for purposes of 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.
HFA (1, P. Bather) - Provide that the process provided for will further the public purpose of safety; omit provision relating to ineligibility of applicants for whom cabinet determines the release occurred subsequent to the effective date of the Act; provide for publishing of notice of application in newspaper; provide that the applicant make notification of the application and, as they become available, make copies of documents available to the local public library; delete provision requiring 24-hour notice before site inspection; provide for cabinet review and evaluation characterization and corrective action plan within 120 days; delete provision relating cabinet 120-day response to hazard ranking (Mitre Model Ranking) of more than 15, in order to conform with change from 60 days to 120 days for routine review and evaluation; simplify and clarify provisions relating to covenant not to sue and cabinet's prosecution of civil or administrative actions; add to list of things to which covenant not to sue shall apply cabinet's actions for claims pursuant to 42 U.S.C. sec. 9601 et seq. and any administrative or civil action not identified in Section 9, subsection (5);.clarify provisions relating to cabinet regulations for standards under KRS 224.01-400 and 01-405; provide that cabinet promulgate standards within one year; provide that cabinet promulgate regulation defining tiered remediation management options; provide that nothing in section 11 to preclude cabinet enforcement of KRS 224.01-400 and 01-405; provide that cleanup costs are eligible for purposes of KRS 154.26-010 to 154.26-100, and cleanup costs are eligible for purposes of KRS 154.28-010 to 154.28-100; delete provisions relating to study of tax increment financing; make conforming amendments
HFA (2, K. Hall) - Retain original provisions; add section 2 to create a new section of KRS 353 to require the Department of Mines and Minerals not to approve a permit for drilling operations in areas where wild river, a state park or place listed on the National Register of Historic Places without adequate screening and other measures to ensure compliance with all federal and state laws and the approval of the department under KRS 353.5901 and any administrative regulations promulgated thereunder.
HFA (3, G. Stumbo) - Amend KRS 109.310 to allow solid waste pick-up fees that are delinquent 6 months or more rather than 3 months or more to be placed on the real property tax bill; establish criteria for collecting the delinquent fees.
HFA (4, G. Stumbo) - Amend KRS 109.310 to allow solid waste pick-up fees that are delinquent 6 months or more rather than 3 months or more to be placed on the real property tax bill; establish criteria for collecting the delinquent fees.
Jan 3-introduced in Senate
Jan 5-to Agriculture and Natural Resources (S)
Feb 8-reported favorably, 1st reading, to Calendar with committee amendment (1)
Feb 9-2nd reading, to Rules; posted for passage in the Regular Orders of the Day for Monday, February 12, 2001
Feb 12-3rd reading, passed 35-2 with committee amendment (1)
Feb 13-received in House
Feb 14-to Appropriations and Revenue (H)
Mar 5-posting waived; reported favorably, 1st reading, to Calendar; recommitted to Appropriations and Revenue (H)
Mar 6-reported favorably, to Rules with Committee Substitute ; posted for passage in the Regular Orders of the Day for Wednesday, March 7, 2001
Mar 7-floor amendment (1) filed to Committee Substitute
Mar 8-floor amendments (2) (3) and (4) filed to Committee Substitute ; 3rd reading, passed 97-0 with Committee Substitute, floor amendment (1) ; received in Senate; posted for passage for concurrence in House Committee Substitute, floor amendment (1) ; Senate concurred in House Committee Substitute, floor amendment (1) ; passed 37-0
Mar 9-enrolled, signed by each presiding officer, delivered to Governor
Mar 20-signed by Governor (Acts ch. 128)