2013 -- H 5617

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LC01369

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STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

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A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY REMEDIATION AND

REUSE ACT

     Introduced By: Representatives Edwards, Williams, Newberry, Ackerman, and Nunes

     Date Introduced: February 27, 2013

     Referred To: House Environment and Natural Resources

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 23-19.14-1 and 23-19.14-4 of the General Laws in Chapter 23-

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19.14 entitled "Industrial Property Remediation and Reuse Act" are hereby amended to read as

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follows:

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     23-19.14-1. Legislative findings. -- It is recognized and acknowledged by the general

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assembly that:

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      (1) In Rhode Island, there are hundreds of sites that have varying degrees of

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contamination from hazardous materials;

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      (2) The contamination is often an obstacle to redevelopment due to the liability relating

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to the sites;

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      (3) Clean up standards and objectives must be consistent with a site's current and

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reasonably expected future use;

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      (4) Financial institutions are often cautious or unwilling to lend to businesses that wish

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to expand at or relocate to sites that have or are feared to be contaminated;

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      (5) Rhode Island's urban corridor contains many sites that have been found by federal or

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state programs to be contaminated;

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      (6) The following cities and towns have numerous known sites: Cranston, East

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Providence, Johnston, North Smithfield, Pawtucket, Providence, Warwick, West Warwick,

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Woonsocket, and Central Falls. There are also many potential sites in these and other

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municipalities that may have been contaminated by historical industrial activities;

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      (7) [Deleted by P.L. 2002, ch. 186, section 1.]

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      (8) Proper redevelopment and reuse of these properties would not only benefit the state's

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economy and the employment of those who live in the urban corridor, but would also benefit the

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state's environment; and

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      (9) The redevelopment and reuse of these impacted sites will control and remove the

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existing contamination and will reduce the artificial economic incentive to develop previously

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undisturbed natural resources.; and

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     (10) There exists the need for new or expanded school facilities, from time to time, in the

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various Rhode Island locations and municipalities referenced above which could be furthered by

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the reuse of the properties referenced above subject to the conformity of such properties to the

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department of environmental management's residential direct exposure criteria regulations and

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GB groundwater objectives which will serve to provide safety to school children attending such

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schools.

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     23-19.14-4. Objectives of environmental clean-up. -- (a) The department of

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environmental management will develop, maintain and publish numerical objectives for the most

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commonly found hazardous substances. These objectives will be applicable for the clean-up of

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contaminated properties to levels which are protective of human health and the environment

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based on current and reasonably foreseeable future use of a property and the surrounding natural

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resources.

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     To further ensure the safety of school children while attending school, the department of

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environmental management, as set forth below, shall adopt standards for the properties used for

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schools set forth in subsection (b) below that meet the standards set by the department of

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environmental management for residential occupancy of such properties.

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      (b) (1) The construction of any new school building; or

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      (2) Construction of an addition to any existing school building; or

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      (3) Leasing of any portion of an existing building to serve as a school shall be prohibited

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on any portion of a parcel of property for which, upon occupancy, volatile organic compounds

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(VOC's) in there exists an ongoing potential for hazardous materials and/or petroleum to migrate

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as vapors or gases into the building from the subsurface of the parcel of property exceed

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residential direct exposure criteria in soil or GB groundwater objectives in groundwater beneath

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any proposed building except where engineered remedies and/or deed restrictions are employed

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consistent with department of environmental management regulations permitting residential use.

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In the event that engineered remedies and/or deed restrictions are employed to comply with these

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standards, the department of environmental management may take such steps as it deems

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reasonably necessary to mitigate the risk of, including any potential failure of such engineered

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remedies and/or deed restrictions, including requiring maintenance contracts and requiring

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ongoing financial assurances whether in the form of posted performance bond, pledge of cash

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reserves or otherwise to cover any potential failure of engineered remedies to address said vapors

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or gases.

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      (c) The construction of any school building, or construction of an addition to any

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existing school building, or leasing of any portion of an existing building to serve as a school on

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any portion of a parcel of property formerly used for industrial, manufacturing or landfill

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purposes that is contaminated by hazardous materials, other than on a parcel of property

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described in subsection (b) of this section, shall be prohibited unless at least thirty (30) days prior

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to selecting the location for construction or leasing the building the project sponsor undertakes all

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of the following measures with ten (10) days prior written notice to the public of each measure

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undertaken:

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      (1) Prepares and posts on the sponsor's website a written report that: (i) Projects the costs

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to acquire or lease the property, and to cleanup and maintain the property in accordance with the

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department of environmental management's Rules and Regulations for the Investigation and

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Remediation of Hazardous Material Releases (the Remediation Regulations); (ii) Projects the

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time period required to complete a cleanup of the property for school purposes prior to occupancy

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by obtaining either a Letter of Compliance from the department of environmental management or

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a determination by said department that the property is not jurisdictional under the Remediation

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Regulations; (iii) Discusses the rationale for selecting the property for use as school purposes and

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an explanation of any alternatives to selecting said property considered by the project sponsor;

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      (2) Solicits written comments on the report prepared pursuant to subdivision (1) of this

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subsection for a period of at least thirty (30) days after posting said report on the sponsors website

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and conducts a public hearing during said thirty (30) day period at which public comment is taken

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on said report; and

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      (3) Prepares a second written report that summarizes and responds to the public

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comments received during the public comment period and at the public hearing and posts said

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second report on the sponsor's website.

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      (d) The sponsor of any school project subject to the provisions of subsection (c) of this

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section shall consider the results and findings contained in the reports required by subsection (c)

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when selecting the location of said project.

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      (e) As used in this section.

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      (1) The term "school" means any residential or non-residential school building, public,

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private or charter, of any city or town or community educational system regulated, directly or

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secondarily, by the board of regents for elementary and secondary education or the department of

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elementary and secondary education or any other state education board or local city or town

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school board or school committee or other legal educational subdivision acting under it. As used

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in this chapter, the term "school or schools" includes, but is not limited to, school playgrounds,

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school administration buildings, indoor school athletic facilities, school gymnasiums, school

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locker rooms, and similar school buildings. A school shall not include any institutions for

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education of adults (e.g. colleges, universities, graduate schools, trade schools) or child-care

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facilities as regulated by the department of children, youth and families.

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      (2) The term "landfill" means for the purposes of this section, any portion of a parcel of

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property that was used as a landfill as defined in section 23-19.1-4 or a sanitary landfill, dump or

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other disposal area where more than thirty (30) cubic yards of solid waste was disposed.

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      (3) The term "hazardous materials" means any materials defined as hazardous materials

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pursuant to section 23-19.14-3.

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      (4) The term "solid waste" means any materials defined as solid waste pursuant to

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section 23-18.9-7.

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     SECTION 2. This act shall take effect upon passage.

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LC01369

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO HEALTH AND SAFETY - INDUSTRIAL PROPERTY REMEDIATION AND

REUSE ACT

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     This act would strengthen the safety standards which must be adhered to prior to using

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properties previously used for industrial or manufacturing purposes to construct schools.

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     This act would mandate that the properties meet the department of environmental

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managements residential use requirements as well as providing additional safeguards.

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     This act would take effect upon passage.

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LC01369

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