Brownfield bill referred to committee

News Editor
news@presspublications.com

A bill that would bolster the state’s efforts to assess brownfield sites has been referred to the Committee on Rules and Reference in the Ohio legislature.
Members of the House of Representatives agreed Dec. 8 to the referral of Senate Bill 83, which was introduced in the upper chamber in March and approved unanimously in May before being sent to the House Agriculture and Conservation Committee.
In testimony Dec. 7, Jason Warner, of the Greater Ohio Policy Center, urged the committee to approve the bill, saying it will provide Ohio communities with additional resources to further redevelop brownfield sites and get unstable properties into productive use.
In its original form, SB 83 would allocate $150,000 for the Ohio Environmental Protection Agency, in conjunction with universities, to determine where brownfield sites are located. A brownfield site is defined as an abandoned or idled industrial or commercial property where expansion or redevelopment is complicated by known or potential releases of hazardous substances.
The bill sponsors, senators Sandra Williams, D-Cleveland, and Michael Rulli, R-Salem, testified that state and federal inventories of brownfield sites primarily rely on voluntary reporting through programs such as the Voluntary Action Program, Ohio Site Inventory Program and Clean Ohio Fund.
Under the bill, the Ohio EPA would be required to study sites and prepare a report of its findings and recommendations by Jan. 1. 2023.
However, since the bill was introduced, the legislature approved the state biennial budget that included one-time funding of $350 million to create the Brownfield Remediation Fund to help communities revitalize brownfields.
A substitute bill accepted by the committee removes the study portion and instead directs the $150,000 to the OEPA to its Phase 1 Targeted Brownfield Assessment program to assist local governments actually begin the process of remediating brownfield sites.
“The original intent of SB 83 was for the funding of a study to identify brownfield sites across the state,” Warner said in his testimony. “However, potential legal issues were raised related to the state keeping a mandatory list of brownfield properties. Ohio EPA previously compiled a ‘Master Site List” of brownfield sites in Ohio, but this list was successfully challenged in court by a property owner. Ohio EPA still maintains a list of brownfield sites; however this list only includes properties that have been submitted voluntarily by the property owners.
“A Phase 1 assessment can cost, on average, $5,000 to $8,000. Ohio EPA currently receives funding from the U.S. EPA to conduct Phase 1 assessments, which are provided at no cost to local communities. An allocation of state funding in addition to the existing federal funds would provide for an estimated 18 to 28 additional assessments. Additionally, funding these assessments now would allow communities the opportunity to determine what brownfields exist, and be better prepared to utilize the new Brownfield Remediation Fund resources available for the actual remediation of contaminated properties.”
He said the legislature has already passed a bill that better aligns Ohio and federal regulatory law that provides buyers of brownfield sites with liability protections when necessary due diligence if followed.