Legislation would grant protection to land banks

Rep. Austin Davis (D-Allegheny County) recently sent a memorandum to House members seeking co-sponsors for legislation would grant land banks the same protections given to redevelopment authorities when dealing with brownfields.

“As we all know, there are numerous former industrial or commercial sites such as gas stations, dry cleaners, junkyards and landfills throughout the state where the future use is clouded by environmental concerns,” Davis said. “This change in law would allow land banks to own these properties and develop a re-use plan for them without worrying that it would have to take on the liability of enforcement action from the DEP (Department of Environmental Protection).”

Land banks are governmental entities that convert abandoned, vacant, and foreclosed properties into productive use. Properties are acquired as part of municipalities’ redevelopment efforts, and the land bank is the property’s owner.

This makes land banks potentially responsible under the Land Recycling and Environmental Remediation Standards Act, the state’s brownfields law, and subject to enforcement action by DEP. The act seeks to make responsible persons clean up brownfield sites and releases liability to those who meet regulatory standards.

The Economic Development Agency, Fiduciary and Lender Environmental Liability Protection Act exempts certain entities from liability, including economic development agencies.