HB168 Ohio's Bona Fide Purchaser Defense Legislation

Ohio's HB168 Bona Fide Purchaser Defense Legislation

Ohio is considering new legislation to encourage brownfield redevelopment by offering a more cost-effective means for returning brownfields to productive use. House Bill 168 (HB168) is intended to strengthen the protections under the federal Bona Fide Purchase Defense (BFPD) established under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The hope is that buyers will have a greater incentive to reutilize brownfields in Ohio.

One of the key components to HB168 is that it provides "bona fide prospective purchasers" (BFPPs) of brownfield properties with a defense against state lawsuits seeking to impose liability for the cleanup of such properties. If passed, this legislation would create a parallel alternative to the Ohio Voluntary Action Program's (VAP's) liability protections under a Covenant Not-To-Sue (CNS).

To read the full legislation, please click the following link: HB168

Partners' Involvement With HB168

Partners' Vice President, Mr. John T. Garvey is a member of the HB168 stakeholders committee that is helping to cultivate the bill.

For brownfield revitalization assistance,

Mr. Garvey may be contacted at jgarvey@partnersenv.com

For more information about all of our services, please visit our website at www.partnersenv.com .

Greater Ohio Policy Center's Involvement With HB168

Greater Ohio Policy Center (GOPC) believes HB168 would do the following:

Better align Ohio's law with the federal BFPD standards.
Place Ohio on equal footing with neighboring states.

Click here to view GOPC's support letter for HB168