On June 16, Governor DeWine signed House Bill 168 into law, following the bill’s unanimous passage out of the State Legislature in May 2020. The bill, introduced in March 2019 by former State Representative Steven Arndt (R – Port Clinton), provides liability protection to purchasers of brownfields sites through an affirmative defense. HB168 better aligns Ohio’s law with federal law and those of neighboring states, making Ohio more competitive in brownfields redevelopment.
Next week, on September 14, 2020, HB168 will take effect. Once enacted, HB168 offers a new pathway for prospective purchasers of brownfields to receive an affirmative defense to liability protection. Purchasers can follow federal standards established under CERCLA to assert this affirmative defense if a case related to the property is brought to a civil court. HB168 provides an alternative pathway to receive liability protection that does not require governmental approval.
HB168 will likely encourage the redevelopment of lightly contaminated brownfield sites. The Ohio EPA’s Voluntary Action Program (VAP) will remain the gold standard in Ohio, and provide a pathway for purchasers to work directly with the Ohio EPA to assess, cleanup, and receive liability protection on more heavily contaminated sites. VAP provided governmental approval for a qualified defense, known as the Covenant-not-to-Sue (CNS).
Brownfields are a top policy priority for GOPC, which has focused on encouraging brownfield redevelopment through regulatory reform and increased investment from the state. HB168 provides one such regulatory reform to Ohio. In addition to regulatory reform, an increased investment will assist Ohio’s communities in tackling brownfields – putting them to productive use for economic and community development. Visit GOPC’s page to learn about advocacy efforts to re-fund the Clean Ohio Revitalization Fund (CORF).
GOPC wants to hear from you as you utilize the BFPD in your work! Your feedback can help in continued advocacy, as GOPC shares the success of HB168 with policymakers. Contact Aaron Clapper (aclapper@greaterohio.org) with your success stories!
Image courtesy of the Ohio Governor’s Office.