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HB 465

HB 465. Revitalizing Kentucky’s Communities. Presentation Outline. Background Challenges Agency Actions HB 465 Next Steps. Background. Brownfields are properties that are underused because of environmental contamination

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HB 465

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  1. HB 465 Revitalizing Kentucky’s Communities

  2. Presentation Outline • Background • Challenges • Agency Actions • HB 465 • Next Steps

  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. 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. Brownfield Program Highlights • Kentucky has made significant progress: • Revised cleanup standards • Technical assistance • Grant training • Visioning sessions • Tax credits • BFPP liability defense

  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. 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. 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. 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. 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.

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