Brownfields Redevelopment Reform Act summary, 2004

Governor Ehrlichs • Legislative Initiatives Economic & Community Development Initiatives Brownfields Redevelopment Reform Act Enhanced Eligibility The Governor's legislation expands the number of contaminated properties eligible for the Voluntary Cleanup Program (VCP) in the Department of the Environment (MDE), provides a more predictable cleanup process for prospective owners of eligible properties, reduces owners' costs associated with redevelopment, and decreases turnaround times. These efficiencies complement the administrative changes already made in MDE's brownfields program. The Governor's legislation expedites cleanup and reuse of contaminated properties by allowing properties with oil contamination to enter the VCP. Currendy, properties with oil contamination must be cleaned through a separate oil program. The bill encourages cleanup'of contaminated properties through the VCP by allowing an appiicationto cover a portion of a property, known as "focused site cleanup," provided the entire property is investigated for contamination. A property under active enforcement may participate in the VCP if the property is cleaned up to at least the level of the outstanding enforcement action and the VCP application is filed by an inculpable person. An inculpable person has no prior or current ownership interests in a property and did not contaminate that property. Public Protections The Governor's bill increases public notification of cleanups by requiring applicants to post notice of all applications on the property site and MDE to post notice on its web site. It also requires program participants to hold a public informational meeting for all approved cleanup plans. Public safety is further protected by requiring persons receiving a no further requirements determination or a certificate of completion from the VCP to send this information to "Miss Utility" for recordation. Predictability The bill establishes: a "premier service" for $2,000 that speeds up the determination of an applicant's inculpable status; a reduced application fee for VCP applications submitted subsequent to the first-time application; and a reduced fee for participants who demonstrate financial hardship. Under the Governor's legislation, property owners and developers benefit from the reduction of MDE's review times for applications. MDE will provide an applicant with technical advice regarding whether and how to conduct an environmental sampling assessment of the property prior to the applicant conducting the testing. The legislation ensures protection of public health and the environment by requiring environmental sampling that MDE deems necessary. Liability The Governor's bill clarifies that a person who is not a "responsible person" because he meets one of the exclusions in the statute will now clearly be entitled to "inculpable person" status and accorded those benefits.