SB 978 - This act establishes the Environmental Restoration Corporation Act. This act allows a public benefit nonprofit corporation to hold, manage or own environmentally impaired property that is subject to ongoing cleanup or remedial action under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the Missouri Hazardous Waste Management Law, the Federal Water Pollution Control Act, or the Missouri Clean Water Law for the purpose of facilitating efforts to restore and redevelop such property. Such nonprofit corporation shall have certain powers, and be managed by a board, as set forth in this act . If any such corporation receives public funds with restoration activity, the corporation shall also allow for reasonable periodic audits and shall provide an annual report to the General Assembly concerning the receipt and use of such public funds.
Prior to acquiring any interest in real property, such nonprofit corporation shall undertake all reasonable and appropriate due diligence activities in accordance with U.S. Environmental Protection Agency regulations in order to qualify as a purchaser. If such nonprofit qualifies as a purchaser, such corporation shall be immune from any liability under the Missouri Hazardous Waste Management Law, provisions relating to solid waste, or the Missouri Clean Water Law for any conditions that may exist on such property. Such corporation shall also have no duty of care or liability for any trespasser on such property.
This act is substantially similar to HB 2306 (2018), and is similar to HCS/SB 659 (2018).
KAYLA HAHN