Mississippi Legislature

1998 Regular Session

House Bill 1521

[Introduced]

Instructions Bill Status Menu





History of Actions

Background

Title

Description: Environment; create Mississippi Brownfields Voluntary Cleanup and Redevelopment Act.

History of Actions:

101/19/98(H)Referred To Conservation and Water Resources;Appropriations
202/03/98(H)Died In Committee

Background Information:

Effective date*July 1, 1998
DispositionDead
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredYes

House Committees:

Principal Author: Ellington

Title: AN ACT TO CREATE THE MISSISSIPPI BROWNFIELDS VOLUNTARY CLEANUP AND REDEVELOPMENT ACT; TO EXPRESS THE FINDINGS OF THE LEGISLATURE; TO DEFINE CERTAIN TERMS; TO AUTHORIZE THE COMMISSION ON ENVIRONMENTAL QUALITY TO ENTER INTO AND MODIFY A BROWNFIELD AGREEMENT AND TO SPECIFY THE APPLICATION AND APPROVAL PROCESS FOR A BROWNFIELD AGREEMENT; TO REQUIRE A BROWNFIELD PARTY TO MAKE CERTAIN DEMONSTRATIONS IN ITS APPLICATION; TO PROVIDE FOR AN APPEAL OF THE COMMISSION ON ENVIRONMENTAL QUALITY'S DECISION NOT ENTER INTO AN AGREEMENT; TO PROVIDE FOR THE CONTENTS OF A BROWNFIELD AGREEMENT, INCLUDING RISK-BASED REMEDIATION REQUIREMENTS; TO REQUIRE PUBLICATION OF A PUBLIC NOTICE OF A PROPOSED BROWNFIELD AGREEMENT AND TO ESTABLISH THE CONTENTS OF THAT NOTICE; TO AUTHORIZE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO HOLD A PUBLIC HEARING ON THE PROPOSED BROWNFIELD AGREEMENT; TO PROVIDE PENALTIES FOR FAILURE TO COMPLY WITH A BROWNFIELD AGREEMENT; TO AUTHORIZE LIABILITY PROTECTION AGAINST FURTHER SITE REMEDIATION AND COSTS UNDER CERTAIN CIRCUMSTANCES FOR BROWNFIELD PARTIES ENTERING INTO AN AGREEMENT AND CERTAIN OTHER PERSONS; TO SPECIFY CIRCUMSTANCES UNDER WHICH FURTHER REMEDIATION MAY BE REQUIRED; TO REQUIRE THE ISSUANCE OF A "NO FURTHER ACTION" LETTER BY THE EXECUTIVE DIRECTOR OF THE DEPARTMENT OF ENVIRONMENTAL QUALITY FOLLOWING COMPLETION OF THE PERFORMANCE OF THE BROWNFIELD AGREEMENT; TO PROVIDE FOR THE SALE OR CONVEYANCE OF A BROWNFIELD PROPERTY AND THE TRANSFER OF ANY OBLIGATIONS UNDER THE BROWNFIELD AGREEMENT; TO REQUIRE THE PREPARATION OF A NOTICE OF BROWNFIELD SITE AND TO DESCRIBE THE CONTENTS OF THAT NOTICE; TO REQUIRE THE BROWNFIELD PARTY TO FILE THE NOTICE OF BROWNFIELD SITE WITH THE CHANCERY CLERK OF THE SITUS COUNTY AND TO REQUIRE THE CHANCERY CLERK TO RECORD THE NOTICE IN THE GENERAL INDEX TO DEEDS AND THE SECTIONAL INDEX; TO AUTHORIZE THE CANCELLATION OF THE NOTICE OF BROWNFIELD AGREEMENT SITE AND TO SPECIFY PROCEDURES FOR RECORDING A STATEMENT OF CANCELLATION; TO PROVIDE FOR ENFORCEMENT OF A NOTICE OF BROWNFIELD AGREEMENT SITE; TO REQUIRE THE COMMISSION ON ENVIRONMENTAL QUALITY TO PROMULGATE REGULATIONS; TO PROVIDE LIMITATIONS ON THE EFFECT OF THIS ACT; TO REQUIRE A BROWNFIELD PARTY TO PAY ALL REASONABLE DIRECT AND INDIRECT COSTS OF APPLICATION PROCESSING AND AGREEMENT ADMINISTRATION BY THE DEPARTMENT OF ENVIRONMENTAL QUALITY; TO CREATE THE BROWNFIELDS CLEANUP AND REDEVELOPMENT TRUST FUND AND PROVIDE FOR ITS ADMINISTRATION; TO PROVIDE PENALTIES FOR FAILURE TO PAY COSTS; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 02/03/98 at 18:29.



End Of Document

1998/History/HB\HB1521.htm