Chapter 297

AN ACT MAKING APPROPRIATIONS FOR THE FISCAL YEAR 1998 TO ENSURE ENVIRONMENTAL CLEANUP AND PROMOTE THE REDEVELOPMENT OF CONTAMINATED PROPERTY.

Whereas , The deferred operation of this act would tend to defeat its purpose, which is to ensure forthwith environmental cleanup and promote the redevelopment of contaminated property, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. To provide for certain unanticipated obligations of the commonwealth and to meet certain requirements of law, the sums set forth herein shall be appropriated from the General Fund unless specifically designated otherwise and shall be for the several purposes and subject to the conditions specified herein and subject to the provisions of law regulating the disbursement of public funds; provided that notwithstanding the provisions of any general or special law to the contrary, funds appropriated in section 2A shall be available for expenditure until June 30, 2001.

No section 2.

SECTION 2A.

ATTORNEY GENERAL.

0810-0401

For the costs associated with operating the covenant not to sue program, so-called, pursuant to clause (3) of paragraph (j) of section 3A of chapter 21E

....................................$2,000,000

DEPARTMENT OF ENVIRONMENTAL PROTECTION.

2260-8871

For the costs associated with performing targeted audits of real property sites upon which activity and use limitations have been placed pursuant to chapter 21E, as directed by section 43 of the Brownfields act, so called; provided, further that the amount appropriated herein may also be expended on increased site visits by the department, increased oversight and training of licensed site professionals, increased training of department inspectors and increased enforcement of activity and use limitations

....................................$10,000,000

DEPARTMENT OF ECONOMIC DEVELOPMENT.

7007-0209

For the purpose of the redevelopment access to capital program established pursuant to section 60 of chapter 23A of the General Laws

....................................$15,000,000

Brownfields Revitalization Fund..............................................100.0%

7007-0210

For the purpose of the brownfields redevelopment fund established pursuant to section 8G of chapter 212 of the acts of 1975, as amended, provided, that not less than $5,000,000 of the amount appropriated herein shall be expended for financial assistance to project sites located within Federal Empowerment Zones or Enterprise Communities established pursuant to title 42 of the United States Code, or any successor statute

..........................................$30,000,000

Brownfields Revitalization Fund............................................100.0%

SECTION 3. Chapter 29 of the General Laws is hereby amended by inserting after section 2TT, inserted by section 81 of chapter 194 of the acts of 1998, the following section:-

Section 2UU. There shall be established and set up on the books of the commonwealth a separate fund to be known as the Brownfields Revitalization Fund. There shall be credited to such fund any appropriation, transfer, grant, gift, or other contribution made to such fund, and any income derived from investment of amounts credited to said fund. Amounts credited to said fund shall be held in an expendable trust and the department of economic development shall report monthly by source all amounts credited to said fund and all expenditures by subsidiary made from said fund on the Massachusetts management and accounting reporting system, so-called. Said amounts shall be used solely for the administration and implementation of the provisions of section 60 of chapter 23A and section 8G of chapter 212 of the acts of 1975.

SECTION 4. The comptroller is hereby authorized and directed to transfer $45,000,000 from the General Fund to the Brownfields Revitalization Fund established pursuant to section 2UU of chapter 29 of the General Laws.

SECTION 5. This act shall take effect as of June 30, 1998.