OH HB168

Enacts new section 3746.122 establishing an affirmative defense and immunity from liability for bona fide prospective purchasers in civil actions involving hazardous substance releases, if the person acquired ownership after January 11, 2002.

Affirmative defense applies when the state's cause of action rests solely on the person's status as owner or operator and the person does not impede response actions or natural resource restoration.

Adopts the federal definition of "bona fide prospective purchaser" from 42 U.S.C. 9601 for purposes of Ohio law.

Allows the affirmative defense to be asserted in civil actions pending on the effective date or initiated after the effective date.

Modifies section 3746.02 to exclude properties where a person cannot demonstrate status as a bona fide prospective purchaser from voluntary remedial action programs, and reorganizes section 3746.05 regarding institutional controls and covenants not to sue.