Existing State Law
According to the Northeast-Midwest Institute’s latest “State
of the States” survey, 47 states (all but North Dakota,
South Dakota, and Wyoming) have some sort of brownfield
program in place. These state programs vary in terms of
comprehensiveness, incentives, level of state liability
relief granted, and overall effectiveness. They regulate
differently and emphasize different types of reuse, whether
industrial, commercial, housing, or open space. Some states
are well-positioned to take advantage of federal legislative
initiatives, while others are not.
For more information on individual state brownfield remediation
programs, read the Northeast-Midwest Institute’s report,
“Brownfield
Voluntary Cleanup Program Impacts: Reuse Benefits, State
by State.”
Virginia
The Brownfield Restoration and Land Renewal Act (HB 463),
which was signed into law on 4/2/02, seeks to mesh with
provisions approved recently in the federal act. It creates
a special, permanent, perpetual, and non-reverting fund
to be known as the Brownfields Restoration and Economic
Redevelopment Assistance Fund for the purposes of promoting
the restoration and redevelopment of brownfield sites and
to address environmental problems or obstacles to reuse
so that these sites can be effectively marketed to new economic
development prospects. The bill also makes grants and loans
available to local governments to promote the restoration
and redevelopment of brownfield sites and to address environmental
problems or obstacles to reuse so that these sites can be
effectively marketed to new economic development prospects.
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