[ Subsection (a) effective until May 30, 2023. For text effective May 30, 2023, see below.]

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

  Section 19. (a) There is hereby created an office of brownfields revitalization, under the direct supervision and control of the governor. Said office of brownfields revitalization shall, in consultation with the departments of housing and community development, environmental protection, economic development, public health, the Massachusetts Development Finance Agency, and other entities as appropriate, coordinate development and implementation of a Massachusetts brownfields strategy for cleanup and redevelopment of contaminated sites in economically distressed areas of the commonwealth. Such strategy shall: (1) promote the redevelopment and reuse of sites that are located in economically distressed areas and are contaminated by oil or hazardous material, and (2) to the maximum extent feasible, reap the combined benefits of environmental protection and economic redevelopment for the commonwealth.

[ Subsection (a) as amended by 2023, 7, Sec. 56 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]

  (a) There is hereby created an office of brownfields revitalization, under the direct supervision and control of the governor. Said office of brownfields revitalization shall, in consultation with the executive office of economic development, executive office of housing and livable communities, the departments of environmental protection and public health, the Massachusetts Development Finance Agency, and other entities as appropriate, coordinate development and implementation of a Massachusetts brownfields strategy for cleanup and redevelopment of contaminated sites in economically distressed areas of the commonwealth. Such strategy shall: (1) promote the redevelopment and reuse of sites that are located in economically distressed areas and are contaminated by oil or hazardous material, and (2) to the maximum extent feasible, reap the combined benefits of environmental protection and economic redevelopment for the commonwealth.

  (b) In implementing such brownfields strategy, the office of brownfields revitalization shall:

  (1) with respect to each brownfields covenant not to sue agreement implemented under section 3A consult with the attorney general;

  (2) provide assistance to the advisory group established in section 29A of chapter 23G in the development of advisory recommendations for funding projects;

[ Clause (3) of subsection (b) effective until May 30, 2023. For text effective May 30, 2023, see below.]

  (3) in conjunction with the departments of economic development, housing and community development, and environmental protection, provide technical assistance to municipalities, redevelopment authorities, redevelopment agencies, community development corporations, economic development and industrial corporations and other persons interested in redeveloping brownfields;

[ Clause (3) of subsection (b) as amended by 2023, 7, Sec. 57 effective May 30, 2023. See 2023, 7, Sec. 298. For text effective until May 30, 2023, see above.]

  (3) in conjunction with the executive office of economic development, executive office of housing and livable communities, the department of environmental protection provide technical assistance to municipalities, redevelopment authorities, redevelopment agencies, community development corporations, economic development and industrial corporations and other persons interested in redeveloping brownfields;

  (4) serve as liaison with local, state and federal agencies on development issues affecting response actions performed pursuant to this chapter and regulations promulgated hereunder; and

  (5) ensure that the commonwealth realizes all possible benefits of federal and private assistance for brownfields redevelopment efforts.

  (c) The governor is hereby authorized to appoint a director of the office of brownfields revitalization established by this section, who shall serve as brownfields ombudsman. The governor shall choose from among three candidates nominated by the brownfields advisory group established by section 29A of chapter 23G. Candidates for the position of ombudsman shall have extensive experience or expertise in two or more of the following:

  (i) environmental discovery, containment and remediation;

  (ii) economic development in urban areas of the commonwealth;

  (iii) commercial or industrial property development;

  (iv) property or environmental law.

  (d) Such office is hereby authorized to employ three staff, one of whom shall be a waste site cleanup professional licensed by the commonwealth pursuant to sections 19 to 19J, inclusive, of chapter 21A, one of whom shall be a specialist in urban redevelopment with particular experience in bringing together community and development interests to implement specific projects, and one of whom shall provide administrative support to such office.