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.
=======
LC02158/SUB
B
=======