THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII
A BILL FOR AN ACT
RELATING TO THE BROWNFIELDS CLEANUP REVOLVING LOAN FUND.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii brownfields cleanup revolving loan fund was capitalized with funds from a United States Environmental Protection Agency brownfields revolving loan fund grant. In 2012, the grant was closed when all grant funds had been expended for cleanup loans, and a closeout agreement was executed between the United States Environmental Protection Agency and the department of business, economic development, and tourism. Under the closeout agreement, revolving loan funds may be used for loans and sub-grants to eligible entities for brownfields site assessment activities, sampling, and related activities in addition to cleanup activities. The existing loan fund authority strictly limits use of revolving loan funds to loans and cleanup activities.
The purpose of the Act is to expand the loan fund authority to enable sub-grants for cleanups, environmental site assessments, and related activities, in conformance with the closeout agreement, which will allow for greater use of the grant funds for eligible brownfields projects and facilitate redevelopment of lands that are underutilized due to perceived or real contamination.
SECTION 2. Section 201-18, Hawaii Revised Statutes, is amended by amending subsections (b) and (c) to read as follows:
"(b) Moneys in the brownfields cleanup revolving
loan fund shall be used to provide low interest loans or other authorized
financial assistance to eligible public, private, and nonprofit [
entities for brownfields site assessments, cleanup activities of
contaminated sites, and site monitoring activities necessary to determine the
effectiveness of a cleanup. Moneys in
the brownfields cleanup revolving loan fund may also be used to provide grants to
eligible public and nonprofit entities for brownfields site assessments, cleanup
activities of contaminated sites, and site monitoring activities necessary to
determine the effectiveness of a cleanup.
site assessments and response activities and entities receiving
funding shall be subject to the eligibility requirements of and conducted
in accordance with the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980, P.L. 96-510 (42 U.S.C. §§9601-9675), as amended, and
shall be consistent with the National Oil and Hazardous Substances Pollution Contingency
Plan at 40 Code of Federal Regulations part 300. Moneys from the fund may be used to cover
administrative and legal costs of fund management and site management
associated with individual loans, to include personnel, services, materials,
equipment, and travel for the purposes of this section; provided that the
moneys used for these purposes shall not exceed the [
amounts allowed by the
United States Environmental Protection Agency's Brownfields Cleanup Revolving
Loan Fund Pilot Program.] lesser of ten per cent of the loan or sub-grant
amount or the percentage of the loan or sub-grant amount set in rules adopted
pursuant to this section.
(c) The fund shall be administered by the department of business, economic development, and tourism. Appropriations or authorizations from the fund shall be expended by the department. The department may award and disburse funds from the loan fund in the form of grants to eligible public or nonprofit entities for brownfields site assessments or cleanup and related activities. The department may contract with other public or private entities for the provision of all or a portion of the services necessary for the administration and implementation of loans under the loan fund program. The department may set fees or charges for fund management and technical site assistance provided under this section. The department may adopt rules pursuant to chapter 91 to carry out the purposes of this section."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Brownfields Cleanup Revolving Loan Fund
Enables use of funds for environmental site assessments and for sub-grants to eligible entities for assessment and cleanup of brownfields sites. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.