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ACT OF THE GENERAL ASSEMBLY 2007-2008

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NO. 67.  AN ACT RELATING TO ESTABLISHING A BROWNFIELDS ADVISORY COMMITTEE.

(S.190)

It is hereby enacted by the General Assembly of the State of Vermont:

Sec. 1.  BROWNFIELDS ADVISORY COMMITTEE

(a)  A brownfields advisory committee is created to develop proposed statutory and programmatic recommendations that promote the redevelopment of contaminated properties and address issues identified by developers of these properties.  The committee is to serve in an advisory role to the agency of natural resources and agency of commerce and community development.

The following, except as otherwise provided, shall be appointed by the governor to serve on the advisory committee:

(1)  the secretary of natural resources or the secretary’s designee, who shall convene the committee;

(2)  the secretary of commerce and community development or the secretary’s designee;

(3)  a redeveloper with experience in brownfields redevelopment;

(4)  a member of the Vermont association of planning and development agencies recommended by that association;

(5)  an attorney with experience representing brownfields redevelopers;

(6)  a commercial real estate broker with experience in the sale of brownfields;

(7)  a representative from a nonprofit housing development organization;

(8)  an expert on the movement of contaminants through water, soil, and air, preferably who has not acted as a consultant to a developer of contaminated sites within the preceding 10 years;

(9)  a public health expert on issues related to the protection of people with sensitivity to certain forms of contamination, preferably who has not acted as a consultant to a developer of contaminated sites within the preceding 10 years;

(10)  an environmental scientist or engineer with experience in brownfields site assessment and remediation;

(11)  a representative of the department of health;

(12)  a representative of the office of attorney general appointed by the attorney general;

(13)  a representative of an environmental advocacy organization;

(14)  a representative of the banking industry; and

(15)  a representative of the motor fuels industry, as recommended by the Vermont petroleum association.

(b)  By no later than November 15, 2007, the advisory committee shall submit a report and proposed legislative recommendations to the senate committee on economic development, housing and general affairs and to the house and senate committees on natural resources and energy on ways to promote the redevelopment of contaminated properties including the following:

(1)  Recommendations for a clear mission statement that defines “brownfields,” clearly states the multiple objectives and benefits of redevelopment, and makes a commitment to facilitating redevelopment of brownfields sites in a manner that best attains these objectives and provides these benefits in a manner consistent with the public health;

(2)  Recommendations for guidelines by which the department of environmental conservation can reasonably commit to expeditious application processing that is within the budgetary and human resources capacities of the department;

(3)  Recommendations to the department of environmental conservation that include specific means by which some form of liability limitation can be provided to innocent landowners and developers earlier in the application, compliance, and remediation process.

(4)  Recommendations for measures to be considered as a part of an annual performance evaluation.  The committee shall consider the following measures as a part of their recommendations:

(A)  The number of projects and sites that enter each of the program areas.

(B)  The number that complete the program and are certified or that receive site management action completed certificates.

(C)  The amount of federal and state money applied by the department of environmental conservation and by the regional planning commissions to assist site investigation and remediation.

(D)  The number of projects and sites that proceed to redevelopment during the year.

(E)  The acreage that is certified for redevelopment.

(F)  The amount of redevelopment money leveraged by the state’s investment in remediation assistance services and funding.

(G)  Other parameters of performance that the department of environmental conservation, the advisory committee, or the general assembly requests for inclusion in the evaluation.

(c)  The agency of natural resources shall provide administrative support to the committee. 

Approved:  June 5, 2007



Published by:

The Vermont General Assembly
115 State Street
Montpelier, Vermont


www.leg.state.vt.us