Code of Massachusetts Regulations
940 CMR - OFFICE OF THE ATTORNEY GENERAL
Title 940 CMR 23.00 - Brownfields covenant not to sue agreements
Section 23.01 - Scope and Purpose

St. 1998, c. 206, known as the Brownfields Act, was designed to encourage the cleanup and re-use of contaminated and under-utilized properties, which are commonly known as "brownfields." St. 1998, c. 206 modified the liability rules of M.G.L. c. 21 E to help prevent the liability attaching to owners and operators of contaminated property from acting as a disincentive to buying, assessing, cleaning up; and redeveloping these sites. The Brownfields Act created some exemptions from liability which operate automatically by the terms of M.G.L. c. 21 E. The provisions of St. 1998, c. 206 giving direct relief provide an extra push to help turn around the sites that the market comes close to turning around on its own. St. 1998, c. 206 created another tool for limiting liability, Brownfields Covenant Not to Sue Agreements, out of recognition that there may be situations where it is appropriate for the Commonwealth to provide additional liability relief as an incentive to spur the cleanup and re-use of brownfields. M.G.L. c. 21E, § 3(j)(3), inserted by the Brownfields Act, authorizes the Commonwealth to enter into Brownfields Covenants Not to Sue Agreements to provide current or prospective owners and operators with individually tailored liability relief that goes beyond that provided directly by St. 1998, c. 206. 940 CMR 23.00 is designed to spell out when the Commonwealth can and should enter into such agreements.