SB314 Alabama 2023 Session

Summary

Primary Sponsor

Rodger SmithermanSenator

Democrat

Session

Regular Session 2023

Title

Relating to environmental protection; to amend Sections 22-30E-2, 22-30E-3, 22-30E-4, 22-30E-5, 22-30E-9, and 35-19-4, Code of Alabama 1975, to provide potentially responsible parties with limitations of liability with respect to a brownfield site; to create the Brownfield Remediation Reserve Fund; to add Sections 22-30E-14, 22-30E-15, and 22-30E-16 to the Code of Alabama 1975, to provide for the creation of brownfield redevelopment districts; and to make nonsubstantive, technical revisions to update the existing code language to current style

Summary

SB314 would extend liability protections to potentially responsible parties in Alabama’s brownfield cleanup, create a Brownfield Remediation Reserve Fund to cover post-cleanup costs, and authorize Brownfield Redevelopment Districts to oversee cleanup and redevelopment.

What This Bill Does

The bill would allow potentially responsible parties to receive liability limitations when they participate in the voluntary cleanup program. It creates the Brownfield Remediation Reserve Fund to help pay post-remediation costs on qualifying properties, funded by contributions (including a $500 per acre fee) and department fees, with a per-property cap and rules about not paying for noncompliance. It authorizes the formation of Brownfield Redevelopment Districts as public corporations to manage remediation and redevelopment, including governance, property acquisitions, and limited liability for district directors and staff. It also updates definitions and requires environmental covenants and department rules to implement the program and regulate cleanup standards.

Who It Affects

• Potentially Responsible Parties (owners, operators, and prospective purchasers of qualifying properties) who participate in the voluntary cleanup program and may receive limitations on liability for costs and remedies related to a brownfield site.
• Local governments and property owners within Brownfield Redevelopment Districts, who may form districts to oversee remediation and reuse, governance structures, and potential liability protections for district activities and participating property owners.

Key Provisions

• Liability limitations for potentially responsible parties: PRPs who participate in the voluntary cleanup program could be released from certain liabilities related to the brownfield site upon approval of voluntary assessment/cleanup plans or concurrence with a compliance certificate.
• Brownfield Remediation Reserve Fund: creation of a segregated fund funded by PRP contributions (including $500 per acre) and department fees, used to pay post-remediation costs (up to $4,000,000 per property) for properties remediated under the program, with restrictions on use and not as a state loan.
• Brownfield Redevelopment Districts: authorizes local governments to establish districts as nonprofit public corporations to manage redevelopment, with districts governed by a board of directors, powers to acquire property and incur indebtedness, and liability protections for district and its directors.
• Environmental covenants and program rules: establishes required contents and optional elements of environmental covenants (35-19-4), and mandates department rules to implement the voluntary cleanup program, including cleanup standards, inventory processes, notice, community involvement, and eligibility criteria.
• Program structure and governance: adds Sections 22-30E-14 to 22-30E-16 to provide district formation processes, governance by a district board, and the authority to operate and dissolve with title vesting back to the local government on dissolution.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Brownfields, to further provide for voluntary cleanup program