These vacant properties create additional safety risks to the public while allowing the pollution to remain. The Brownfields Bill makes a number of changes to encourage the reuse and redevelopment of Brownfields properties. The law continues to punish polluters while encouraging innocent parties to acquire and decontaminate the properties. The most important piece of the Bill is the creation of liability endpoints to protect innocent owners. Because those who did not cause or contribute to the release of oil or hazardous materials at the site and who did not operate the site at the time of release are no longer liable, it is now feasible to acquire contaminated property and clean it up or acquire property currently receiving treatment with DEP approval.
Buyers can now have some assurance of freedom from liability for pre-existing contamination.
Similar provisions are available to tenants, encouraging the rental of these properties. In a covenant not to sue, the Attorney General's office, an owner or potential owner and the DEP agree on a cleanup plan. The owner gets an assurance that it will not be sued by the state in the future for the contamination in the agreement if the cleanup is properly performed. The law also provides for Contribution Protection to limit future liability to others as part of settlement proceedings. By providing that those notified of a settlement cannot make a later claim for contribution, the owner is freed from both state and private party claims.