HB 2128 Summary

• Adds "prospective remediator" definitions and creates a new prospective remediator agreement option allowing non-purchasers to remediate contaminated sites with liability protections similar to prospective purchaser agreements.

• Requires prospective remediators to demonstrate technical and financial capability to conduct remedial measures and grants the director discretion to evaluate requisite access to the facility.

• Expands prospective purchaser and prospective remediator agreement provisions throughout Arizona Revised Statutes sections 49-281, 49-282, 49-285.01, 49-289.03, and 49-292 to include prospective remediators in all applicable procedures and protections.

• Allows prospective remediator agreements to include provisions for liens on property for unrecovered state remedial action costs and requires demonstration of sufficient technical and financial capability to perform remedial measures.

• Permits prospective remediators to receive written releases, covenants not to sue, and immunity from contribution claims for existing contamination under the same conditions as prospective purchasers.