Yesterday, GOPC hosted an informational webinar on House Bill 168 (HB168) and the Bona Fide Purchaser Defense (BFPD). GOPC championed this legislation through the 133rd General Assembly, where it was unanimously passed in the House and Senate and signed by Governor DeWine earlier this summer. The law takes effect September 14th, 2020.
HB168 incorporates the BFPD into Ohio law – extending the federal protections under USEPA’s CERCLA to prospective purchasers of brownfields who follow All Appropriate Inquiries and proper Due Diligence standards in Ohio. Until HB168, a prospective purchaser could follow standards and be recognized with the protections at the federal level, but not in the state of Ohio. HB168 fills this necessary gap.
This webinar provided participants with a overview on the legislation, and a detailed understanding for the practical implementation of the BFPD in the redevelopment of lightly contaminated brownfield sites.
If you missed this webinar, and would like to learn more about the BFPD, please visit GOPC’s BFPD page. A recording of the webinar is live on that page, as well as a detailed FAQ.
GOPC would like to thank Joe Koncelik (Tucker Ellis LLP) and Kristin Watt (Vorys, Sater, Seymour, and Pease LLP) for their contribution as panelists.