Kentucky Redevelopment and Reuse Program (415)
In 2012 the Kentucky legislature passed the Brownfield Property Redevelopment and Reuse Law, commonly referred to as the 415 Program, designed to enhance existing programs aimed at redevelopment of brownfields in the Commonwealth. The program provides qualifying property owners and qualifying prospective property owners the documentation that they will not be held responsible for conducting site investigation and remediation under Kentucky Superfund laws,
This program removes some of the uncertainty related to the purchase and/or redevelopment of brownfield properties for developers and lenders by:
- Legally defining a "brownfield property"
- Giving a written determination that the qualifying applicant will not be required to perform investigation and/or cleanup under the state Superfund statutes
- Giving written concurrence with qualifying applicant's property environmental management plan; their plan for appropriate ongoing care for the property from an environmental perspective. This written concurrence eliminates uncertainty as to whether an approach to use and management of a contaminated property will somehow result in the redeveloper not achieving a sufficient standard of care.
The program is designed to allow for a property management approach to be developed by the applicant. A change in end-use or project scope can be reflected in a change in management plan in coordination with DWM, ensuring the flexibility that real-life projects can require to be successful while also ensuring that planned use suits the management plan (and vice versa); therefore remaining protective while promoting economic growth for our communities.
Brownfield Redevelopment and Reuse information:
401 KAR 102:010 Brownfield Redevelopment Program
401 KAR 102:005 Program Definitions
401 KAR 102:020 Property Management Plan for Brownfield Redevelopment
Brownfield Program Application Form
Assistance for Brownfields Redevelopment in Kentucky
Brownfield Redevelopment and Reuse Process Flow Chart
U.S. Environmental Protection Agency's Bona Fide Prospective Purchaser
House Bill 272, passed by the 2005 Kentucky General Assembly, provides liability protection for bona fide prospective purchasers of qualified properties. A bona fide prospective purchaser (BFPP) is an entity that:
- Did not cause the contamination.
- Has conducted an "all appropriate inquiry" assessment of environmental issues at the property.
- Takes care to prevent the environmental problem from becoming worse.
- Takes appropriate steps to prevent or eliminate exposure to previously released hazardous substances.
- Is willing to provide access to the property for cleanup purposes.
- Does not disrupt any institutional controls or violate land-use restrictions designed to manage the contamination.
- Has no affiliation with the party responsible for the contamination.
For more information on the U.S. Environmental Protection Agency's (EPA) rule on all appropriate inquiry and bona fide prospective purchaser liability protection, see the EPA's Brownfields Liability website. To be eligible for state and federal brownfield cleanup grants, an entity must be a Bona Fide Prospective Purchaser.