Mississippi Legislature

1998 Regular Session

Senate Bill 2989

[Introduced] [Committee Substitute] [Passed Senate] [Sent to Governor]

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(S)Referred To Environment Prot, Cons and Water Res
201/29/98(S)Title Suff Do Pass Comm Sub
302/10/98(S)Committee Substitute Adopted
402/10/98(S)Passed
502/12/98(S)Transmitted To House
602/13/98(H)Referred To Conservation and Water Resources
702/26/98(H)Title Suff Do Pass As Amended
803/05/98(H)Amended
903/05/98(H)Point of Order Raised
1003/05/98(H)Set Aside-Pend Ruling of Chair
1103/09/98(H)Amended
1203/09/98(H)Passed As Amended
1303/10/98(H)Returned For Concurrence
1403/16/98(S)Decline to Concur/Invite Conf
1503/19/98(S)Conferees Named Dearing,Posey,Canon
1603/20/98(H)Conferees Named Ellington,Broomfield,McBride
1703/29/98(S)Conference Report Filed
1803/29/98(H)Conference Report Filed
1903/30/98(S)Conference Report Adopted
2003/30/98(H)Conference Report Adopted
2104/02/98(S)Enrolled Bill Signed
2204/02/98(H)Enrolled Bill Signed
2304/08/98Approved by Governor

Background Information:

Effective dateJuly 1, 1998
DispositionLaw
DeadlineGeneral Bill/Constitutional Amendment
RevenueNo
3/5ths vote requiredYes
Chapter number528

Senate Committee:

House Committee:

Principal Author: Dearing

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 FORMAL HEARING AND APPEAL OF THE COMMISSION ON ENVIRONMENTAL QUALITY'S ACTION; 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 AGREEMENT 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 AND ENTER THE NOTICE; 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 LAND-USE RESTRICTIONS AND ENGINEERING CONTROLS; 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; TO REQUIRE THE DEPARTMENT OF ENVIRONMENTAL QUALITY TO FILE AN ANNUAL PROGRAM STATUS REPORT AND TO CONDUCT A SURVEY OF INCENTIVE PROGRAMS IN OTHER STATES; AND FOR RELATED PURPOSES.


Information pertaining to this measure was last updated on 05/05/98 at 08:48.



End Of Document

1998/History/SB\SB2989.htm