Ohio is considering new legislation to encourage brownfield redevelopment by offering a more cost-effective means for returning brownfields to productive use. House Bill 168 (HB168) is intended to strengthen the protections under the federal Bona Fide Purchase Defense (BFPD) established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The hope is that buyers will have a greater incentive to reutilize brownfields in Ohio.
One of the key components to HB168 is that it provides "bona fide prospective purchasers" (BFPPs) of brownfield properties with a defense against state lawsuits seeking to impose liability for the cleanup of such properties. If passed, this legislation would create a parallel alternative to the Ohio Voluntary Action Program's (VAP's) liability protections under a Covenant Not-To-Sue (CNS).
To read the full legislation, please click the following link: