CHAPTER 183

FORMERLY

SENATE BILL NO. 183

AS AMENDED BY SENATE AMENDMENT NO. 1

AN ACT TO AMEND CHAPTER 91 OF TITLE 7 OF THE DELAWARE CODE TO DEFINE BROWNFIELD AND TO AUTHORIZE THE SECRETARY OF THE DEPARTMENT OF NATURAL RESOURCES AND ENVIRONMENTAL CONTROL TO CERTIFY REAL PROPERTY AS A BROWNFIELD, TO AMEND SUBCHAPTER I-B, CHAPTER 50, TITLE 29 OF THE DELAWARE CODE TO AUTHORIZE THE DELAWARE ECONOMIC DEVELOPMENT AUTHORITY TO MAKE GRANTS FROM THE DELAWARE STRATEGIC FUND TO DEFRAY A PART OF THE COSTS FOR THE ENVIRONMENTAL ASSESSMENT AND REMEDIATION OF BROWNFIELDS, AND TO AMEND SECTION 2010 OF TITLE 30 OF THE DELAWARE CODE TO CONFORM THE DEFINITION OF BROWNFIELD TO THE DEFINITION SET FORTH IN CHAPTER 91 OF TITLE 7 OF THE DELAWARE CODE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fourths of all members elected to each house thereof concurring therein):

Section 1. The General Assembly finds that:

(a) there is a need for a uniform definition of the term “brownfield” in the Delaware Code and that the Department of Natural Resources and Environmental Control should be authorized to promulgate and revise regulations to establish procedures for certifying parcels of real property, in whole or in part, as brownfields for all purposes of the Delaware Code;

(b) the high costs of the assessment and remediation of potential or actual environmental contamination at brownfields in the State of Delaware prevent the utilization of these sites at their highest economic potential;

(c) the underutilization of brownfields in the State of Delaware operates to the economic detriment of the citizens of the State of Delaware, because the underutilization of these sites limits employment opportunities; and,

(d) if increased economic incentives were available, a greater number of brownfields would be environmentally assessed, and necessary remedies would be performed, thus returning these sites to more productive use and enhancing the economic well being of the citizens of the State of Delaware.

Section 2. Amend § 9103 of title 7 of the Delaware Code by redesignating subdivisions (3) through (20) as subdivisions (4) through (21) and adding a new subdivision (3) as follows:

“ ‘Brownfield’ means any vacant, abandoned or underutilized real property, the development or redevelopment of which may be hindered by the reasonably held belief that the real property may be environmentally contaminated.”

Section 3. Amend § 9104(b)(2) of title 7 by adding a new subparagraph as follows:

“p. For certifying part or all of a parcel of real property as a brownfield.”

Section 4. Amend subsection (a) of § 5028 of title 29 of the Delaware Code by:

(a) striking the period after the word “businesses” in paragraph (3);

(b) adding a semicolon after the word “businesses” in paragraph (3); and,

(c) adding a new paragraph as follows:

“(4) To the extent provided in subsection (c), environmental assessment and remediation of certified brownfields.”

Section 5. Amend § 5028 of title 29 of the Delaware Code by adding thereto a new subsection as follows:

“(c) During any fiscal year of the State, up to one million dollars ($1,000,000), in aggregate, of the monies appropriated to the Fund may be used to provide matching grants for the costs of environmental assessment and remediation at certified brownfields. The amount of a matching grant with respect to a certified brownfield shall not exceed the lesser of fifty thousand dollars ($50,000) or fifty percent (50%) of environmental assessment and remediation costs with respect to such certified brownfield. For purposes of this subsection, a “certified brownfield” is a brownfield, as defined in 7 Del. C. § 9103, that the Secretary of the Department of Natural Resources and Environmental Control has certified as a brownfield pursuant to regulations promulgated under 7 Del. C. § 9104(b)(2)p. The Chairperson of the Authority may at any time suspend the making of grants under this subsection, if the Chairperson finds that monies in the Fund would be better used for other Fund purposes consistent with this subchapter, and may resume the making of grants under this subsection at any time after previously suspending the making of such grants.”

Section 6. The Delaware Economic Development Authority is authorized to make the grants described in Section 5 hereof with respect to costs of environmental assessment and remediation that are incurred by the owners of certified brownfields on or after January 16, 2001.

Section 7. Amend § 2010 of title 30 of the Delaware Code by striking the language of subdivision (16) thereof in its entirety and substituting the following language:

“ ‘Brownfield’ shall have the meaning set forth in 7 Del. C. § 9103.”

Section 8. Sections 1 through 6 of this Act shall become effective upon the enactment of this Act into law. Section 7 of this Act shall be effective with respect to qualified investments, qualified employment, and qualified activities occurring on or after October 1, 2001.

Section 9. All rules and regulations required to effectuate this Bill shall be adopted and in place by December 31, 2001.

Approved July 13, 2001