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HB 465 (BR 1928) - F. Nesler, J. Gooch Jr.

     AN ACT relating to brownfield redevelopment.
     Create a new section of Subchapter 1 of KRS Chapter 224 to establish a Brownfields Redevelopment Program to be administered by the Energy and Environment Cabinet; extend nonliability to property owners where a release of petroleum, pollutants, or contaminants has occurred to the extent of performing characterization or corrective action for the release; establish criteria for the protection from liability for property owners and allow the cabinet to promulgate administrative regulations to establish standard and procedures for implementing the Brownfields Redevelopment Program; amend KRS 224.60-135 to provide that property owners are not require to take corrective action where a release from a petroleum storage tank occurred if the property owner is not the tank owner or operator; amend KRS 224.60-138 to remove from general cabinet authority residual contamination on property where a release has occurred from a petroleum storage tank if the contamination is below standards established by the cabinet under the Brownfields Redevelopment Program.


     HCS - Retain original provisions; clarify that the future use of a property in the Brownfield Redevelopment Program will not increase the impact of the release upon the public; clarify that the cabinet's authority to promulgate administrative regulations applies to establishing procedures for implementing the Brownfield Redevelopment Program, which may include administrative forms, technical standards, and fees to cover costs; delete the reference to standards; state the property in the Brownfield Redevelopment Program is not subject to additional action under the cabinet's general authority.
     HFA (1, F. Nesler) - Provide that to be eligible to avoid liability for the release of petroleum, a hazardous substance, pollutant, or contaminant from a person's property, the cabinet must find that the owner's certifications made with regard to the property are true; add to the list of certifications to be made by the owner that the owner has not caused or contributed to the release; specify that the cabinet concur in writing that the intended future use of the property will not interfere with remediation of the release or increase the impacts of the release on human health or the environment; require the owner to provide any person undertaking corrective or remedial action with access to the property; correct reference to exemption from actions under KRS 224.01-400 or 224.01-405.

     Feb 24-introduced in House
     Feb 27-to Natural Resources & Environment (H)
     Feb 29-posting waived
     Mar 1-reported favorably, 1st reading, to Calendar with Committee Substitute
     Mar 2-2nd reading, to Rules; floor amendment (1) filed to Committee Substitute
     Mar 5-posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012
     Mar 6-3rd reading, passed 98-0 with Committee Substitute, floor amendment (1)
     Mar 7-received in Senate
     Mar 13-to Natural Resources & Energy (S)
     Mar 21-reported favorably, 1st reading, to Consent Calendar
     Mar 22-2nd reading, to Rules
     Mar 26-posted for passage in the Consent Orders of the Day for Monday, March 26, 2012; 3rd reading, passed 36-0
     Mar 27-received in House; enrolled, signed by Speaker of the House
     Mar 30-enrolled, signed by President of the Senate; delivered to Governor
     Apr 11-signed by Governor (Acts ch. 105)

Vote History
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