Chapter 553

2004 -- H 7647 SUBSTITUTE B

Enacted 07/09/04

 

 

A N A C T

RELATING TO HEALTH AND SAFETY -- INDUSTRIAL PROPERTY REMEDIATION

AND REUSE ACT

     

     

     Introduced By: Representatives Fox, Naughton, Moura, Ajello, and Costantino

     Date Introduced: February 10, 2004

 

     

 

 

It is enacted by the General Assembly as follows:

 

     SECTION 1. Section 23-19.14-5.1 of the General Laws in Chapter 23-19.14 entitled

"Industrial Property Remediation and Reuse Act" is hereby amended to read as follows:

     23-19.14-5.1. Brownfields program revitalization and continuous improvement.

Brownfields program and continuous improvement.-- (a) The economic development

corporation and the department of environmental management shall prepare and submit a joint

report to the general assembly no later than December 1, 2002, recommending methods of

ensuring that Rhode Island Brownfields projects have access to comprehensive environmental

insurance at a reasonable cost. The report should include a determination of whether or not the

state should seek funding to purchase insurance or develop a risk sharing pool, an indemnity pool,

or other insurance mechanism to provide financing for remedial actions. The report should

include an evaluation of the available options for providing cost-cap coverage at an affordable

rate to projects with remedial costs under one million dollars ($1,000,000).

      (b) The department of environmental management and the Rhode Island economic

policy council shall prepare and submit a joint report to the general assembly no later than

December 1, 2002, evaluating the costs and benefits of establishing a licensed environmental

professional program in Rhode Island. The report should include an assessment of the time that

would be required to develop and implement such a program. In researching the report, the

department and the Rhode Island economic policy council should consult the Rhode Island

Society of Environmental Professionals and other appropriate bodies.

      (c) The economic development corporation and the department of environmental

management shall prepare and submit a joint report to the general assembly no later than

December 1, 2002, outlining and detailing a program for compliance with the requirements of

section 42-64-29. The department of environmental management shall provide for the

coordination of the brownfield program, including consolidation of applications and hearing

procedures for brownfield properties internally and across state agencies, the creation and

maintenance of a consolidated application for brownfield projects which shall include all required

department of environmental management application information and information required by

other state agencies or bodies for purposes of redeveloping or financing the redevelopment of

brownfield properties, and any other coordinating functions which will aid in the quick and

efficient redevelopment of brownfield properties.

     SECTION 2. Chapter 23-19.14 of the General Laws entitled "Industrial Property

Remediation and Reuse Act" is hereby amended by adding thereto the following section:

     23-19.14-5.2. Entry of registered professional engineers onto certain property. – Any

registered professional engineer who is employed, retained and/or otherwise acting on behalf of a

municipality of this state may enter, examine or survey, at any reasonable time, such places and

real property which is either owned by a municipality or real property in which the municipality

has a legal interest arising from a real property tax lien, on which property owner has made no

payments for a period of at least two (2) years, for the purpose of performing an environmental

site assessment or investigation. An environmental site assessment or investigation under this

section shall be conducted in accordance with and shall be subject to the same guidelines and

limitations provided for an administrative inspection or, where appropriate, a criminal

investigation, pursuant to the provisions of R.I.G.L. subsection 42-17.1-2(t).

     SECTION 3. This act shall take effect upon passage.

     

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LC02158/SUB B

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