House Bill 465

Actions | Amendments
Last Action signed by Governor (Acts ch. 105)
Title AN ACT relating to brownfield redevelopment.
Bill Documents Bill
Bill Request Number 1928
Sponsors F. Nesler, J. Gooch Jr.
Summary of Original Version 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.
Index Headings of Original Version Environment and Conservation - Brownfields Redevelopment Program, establishment of and standards for
Fuel - Petroleum storage tank release, brownfields, nonliability status, criteria for
Hazardous Materials - Hazardous substances, brownfields, nonliability status, criteria for
Land Use - Brownfields Redevelopment Program, establishment of
Oil and Natural Gas - Petroleum storage tank release, brownfields, nonliability status, criteria for
Pollution - Brownfields Redevelopment Program, establishment of and standards for
Economic Development - Brownfields Redevelopment Program, establishment of
Proposed Amendments House Committee Substitute 1
House Floor Amendment 1
Votes Vote History

Actions

Top | Amendments
02/24/12
  • introduced in House
02/27/12
  • to Natural Resources & Environment (H)
02/29/12
  • posting waived
03/01/12
  • reported favorably, 1st reading, to Calendar with Committee Substitute
03/02/12
  • 2nd reading, to Rules
  • floor amendment (1) filed to Committee Substitute
03/05/12
  • posted for passage in the Regular Orders of the Day for Tuesday, March 6, 2012
03/06/12
  • 3rd reading, passed 98-0 with Committee Substitute, floor amendment (1)
03/07/12
  • received in Senate
03/13/12
  • to Natural Resources & Energy (S)
03/21/12
  • reported favorably, 1st reading, to Consent Calendar
03/22/12
  • 2nd reading, to Rules
03/26/12
  • posted for passage in the Consent Orders of the Day for Monday, March 26, 2012
  • 3rd reading, passed 36-0
03/27/12
  • received in House
  • enrolled, signed by Speaker of the House
03/30/12
  • enrolled, signed by President of the Senate
  • delivered to Governor
04/11/12
  • signed by Governor (Acts ch. 105)

Proposed Amendments

Top | Actions
Amendment House Committee Substitute 1
Summary 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.
Index Headings Environment and Conservation - Brownfields Redevelopment Program, establishment of and standards for
Fuel - Petroleum storage tank release, brownfields, nonliability status, criteria for
Hazardous Materials - Hazardous substances, brownfields, nonliability status, criteria for
Land Use - Brownfields Redevelopment Program, establishment of
Oil and Natural Gas - Petroleum storage tank release, brownfields, nonliability status, criteria for
Pollution - Brownfields Redevelopment Program, establishment of and standards for
Economic Development - Brownfields Redevelopment Program, establishment of

Amendment House Floor Amendment 1
Sponsor F. Nesler
Summary 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.
Index Headings Environment and Conservation - Brownfields Redevelopment Program, establishment of and standards for
Fuel - Petroleum storage tank release, brownfields, nonliability status, criteria for
Hazardous Materials - Hazardous substances, brownfields, nonliability status, criteria for
Land Use - Brownfields Redevelopment Program, establishment of
Oil and Natural Gas - Petroleum storage tank release, brownfields, nonliability status, criteria for
Pollution - Brownfields Redevelopment Program, establishment of and standards for
Economic Development - Brownfields Redevelopment Program, establishment of

Last updated: 1/16/2019 3:37 PM (EST)