{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/10.1-1230.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/10.1-1230.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/10.1-1230.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/10.1-1230.html"}],"law_id":79851,"edition_id":1,"section_id":79851,"structure_id":13991,"section_number":"10.1-1230","catch_line":"Definitions","history":"2002, c. 378; 2014, c. 144.","full_text":"As used in this chapter:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person or a tenant of a person who acquires ownership, or proposes to acquire ownership, of real property after the release of hazardous substances occurred.\n\t\t&#8220;Brownfield&#8221; means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.\n\t\t&#8220;Cost&#8221; as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications; architectural, engineering, financial, legal or other special services; site assessments, remediation, containment, and demolition or removal of existing structures; the costs of acquisition of land and any buildings and improvements thereon, including the discharge of any obligation of the seller of such land, buildings or improvements; labor; materials, machinery and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project, and the cost of other items that the Authority determines to be reasonable and necessary.\n\t\t&#8220;Department&#8221; means the Department of Environmental Quality.\n\t\t&#8220;Director&#8221; means the Director of the Department of Environmental Quality.\n\t\t&#8220;Fund&#8221; means the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security interest or any other interest in a brownfield site and who acquired ownership of the real property after the release of hazardous substances occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing.\n\t\t&#8220;Partnership&#8221; means the Virginia Economic Development Partnership.\n\t\t&#8220;Person&#8221; means an individual, corporation, partnership, association, governmental body, municipal corporation, public service authority, or any other legal entity.\n\t\t&#8220;Project&#8221; means all or any part of the following activities necessary or desirable for the restoration and redevelopment of a brownfield site: (i) environmental or cultural resource site assessments, (ii) monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and (v) development of a remediation and reuse plan.","order_by":null,"text":{"0":{"id":286053,"text":"As used in this chapter:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person or a tenant of a person who acquires ownership, or proposes to acquire ownership, of real property after the release of hazardous substances occurred.\n\t\t&#8220;Brownfield&#8221; means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.\n\t\t&#8220;Cost&#8221; as applied to any project financed under the provisions of this chapter, means the reasonable and necessary costs incurred for carrying out all works and undertakings necessary or incident to the accomplishment of any project. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications; architectural, engineering, financial, legal or other special services; site assessments, remediation, containment, and demolition or removal of existing structures; the costs of acquisition of land and any buildings and improvements thereon, including the discharge of any obligation of the seller of such land, buildings or improvements; labor; materials, machinery and equipment; the funding of accounts and reserves that the Authority may require; the reasonable costs of financing incurred by the local government in the course of the development of the project; carrying charges incurred prior to completion of the project, and the cost of other items that the Authority determines to be reasonable and necessary.\n\t\t&#8220;Department&#8221; means the Department of Environmental Quality.\n\t\t&#8220;Director&#8221; means the Director of the Department of Environmental Quality.\n\t\t&#8220;Fund&#8221; means the Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security interest or any other interest in a brownfield site and who acquired ownership of the real property after the release of hazardous substances occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal corporation, authority, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the laws of the Commonwealth or any combination of the foregoing.\n\t\t&#8220;Partnership&#8221; means the Virginia Economic Development Partnership.\n\t\t&#8220;Person&#8221; means an individual, corporation, partnership, association, governmental body, municipal corporation, public service authority, or any other legal entity.\n\t\t&#8220;Project&#8221; means all or any part of the following activities necessary or desirable for the restoration and redevelopment of a brownfield site: (i) environmental or cultural resource site assessments, (ii) monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and (v) development of a remediation and reuse plan.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13991,"edition_id":1,"name":"Brownfield Restoration and Land Renewal Act","identifier":"12.1","label":"chapter","depth":3,"order_by":1,"parent_id":12741,"metadata":{},"date_created":"2026-06-26 03:46:32","date_modified":"2026-06-26 03:46:32","permalink":{"id":145563,"object_type":"structure","relational_id":13991,"identifier":"12.1","token":"10.1\/II\/12.1","url":"\/10.1\/II\/12.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12741,"edition_id":1,"name":"Activities Administered by Other Entities","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12740,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":144833,"object_type":"structure","relational_id":12741,"identifier":"II","token":"10.1\/II","url":"\/10.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12740,"edition_id":1,"name":"Conservation","identifier":"10.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":143313,"object_type":"structure","relational_id":12740,"identifier":"10.1","token":"10.1","url":"\/10.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79851,"structure_id":13991,"section_number":"10.1-1230","catch_line":"Definitions","url":"\/10.1-1230\/","token":"10.1\/II\/12.1\/10.1-1230","metadata":false},{"id":55067,"structure_id":13991,"section_number":"10.1-1231","catch_line":"Brownfield restoration and land renewal policy and programs","url":"\/10.1-1231\/","token":"10.1\/II\/12.1\/10.1-1231","metadata":false},{"id":84797,"structure_id":13991,"section_number":"10.1-1232","catch_line":"Voluntary Remediation Program","url":"\/10.1-1232\/","token":"10.1\/II\/12.1\/10.1-1232","metadata":false},{"id":80408,"structure_id":13991,"section_number":"10.1-1233","catch_line":"Amnesty for voluntary disclosure and restoration of brownfield sites","url":"\/10.1-1233\/","token":"10.1\/II\/12.1\/10.1-1233","metadata":false},{"id":71221,"structure_id":13991,"section_number":"10.1-1234","catch_line":"Limitations on liability","url":"\/10.1-1234\/","token":"10.1\/II\/12.1\/10.1-1234","metadata":false},{"id":64420,"structure_id":13991,"section_number":"10.1-1235","catch_line":"Limitation on liability at remediated properties under the jurisdiction of the Comprehensive Environmental Response, Compensation and Liability Act","url":"\/10.1-1235\/","token":"10.1\/II\/12.1\/10.1-1235","metadata":false},{"id":72952,"structure_id":13991,"section_number":"10.1-1236","catch_line":"Access to abandoned brownfield sites","url":"\/10.1-1236\/","token":"10.1\/II\/12.1\/10.1-1236","metadata":false},{"id":73995,"structure_id":13991,"section_number":"10.1-1237","catch_line":"Virginia Brownfields Restoration and Economic Redevelopment Assistance Fund established; uses","url":"\/10.1-1237\/","token":"10.1\/II\/12.1\/10.1-1237","metadata":false}],"next_section":{"id":55067,"structure_id":13991,"section_number":"10.1-1231","catch_line":"Brownfield restoration and land renewal policy and programs","url":"\/10.1-1231\/","token":"10.1\/II\/12.1\/10.1-1231","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/10.1-1230\/","history_text":"<p>This law was first created in 2002. The record of its establishment is cataloged in chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?021+ful+CHAP0378\">378<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2014, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?141+ful+CHAP0144\">144<\/a>.<\/p>","references":[{"id":74127,"section_number":"10.1-1238","catch_line":"Definitions","order_by":null,"url":"\/10.1-1238\/"},{"id":61025,"section_number":"2.2-2240.2:1","catch_line":"Virginia Business Ready Sites Program Fund","order_by":null,"url":"\/2.2-2240.2_1\/"},{"id":62210,"section_number":"56-576","catch_line":"Definitions","order_by":null,"url":"\/56-576\/"},{"id":81665,"section_number":"56-585.5","catch_line":"Generation of electricity from renewable and zero carbon sources","order_by":null,"url":"\/56-585.5\/"},{"id":83106,"section_number":"62.1-229.2","catch_line":"Loans for remediation of contaminated properties","order_by":null,"url":"\/62.1-229.2\/"}],"refers_to":false,"permalink":{"id":145565,"object_type":"law","relational_id":79851,"identifier":"10.1-1230","token":"10.1\/II\/12.1\/10.1-1230","url":"\/10.1-1230\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/10.1-1230\/","token":"10.1\/II\/12.1\/10.1-1230","dublin_core":{"Title":"Definitions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 10.1-1230","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>As used in this chapter:\n\t\t&#8220;<span class=\"dictionary\">Authority<\/span>&#8221; means the Virginia Resources <span class=\"dictionary\">Authority<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Bona fide prospective purchaser<\/span>&#8221; means a <span class=\"dictionary\">person<\/span> or a tenant of a <span class=\"dictionary\">person<\/span> who acquires ownership, or proposes to acquire ownership, of real property after the release of hazardous substances occurred.\n\t\t&#8220;<span class=\"dictionary\">Brownfield<\/span>&#8221; means real property; the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.\n\t\t&#8220;<span class=\"dictionary\">Cost<\/span>&#8221; as applied to any <span class=\"dictionary\">project<\/span> financed under the provisions of this chapter, means the reasonable and necessary <span class=\"dictionary\">costs<\/span> incurred for carrying out all works and undertakings necessary or incident to the accomplishment of any <span class=\"dictionary\">project<\/span>. It includes, without limitation, all necessary developmental, planning and feasibility studies, surveys, plans and specifications; architectural, engineering, financial, legal or other special services; site assessments, remediation, containment, and demolition or removal of existing structures; the <span class=\"dictionary\">costs<\/span> of acquisition of land and any buildings and improvements thereon, including the discharge of any obligation of the seller of such land, buildings or improvements; labor; <span class=\"dictionary\">materials<\/span>, machinery and equipment; the funding of accounts and reserves that the <span class=\"dictionary\">Authority<\/span> may require; the reasonable <span class=\"dictionary\">costs<\/span> of financing incurred by the <span class=\"dictionary\">local government<\/span> in the course of the development of the <span class=\"dictionary\">project<\/span>; carrying charges incurred prior to completion of the <span class=\"dictionary\">project<\/span>, and the <span class=\"dictionary\">cost<\/span> of other items that the <span class=\"dictionary\">Authority<\/span> determines to be reasonable and necessary.\n\t\t&#8220;<span class=\"dictionary\">Department<\/span>&#8221; means the <span class=\"dictionary\">Department<\/span> of Environmental Quality.\n\t\t&#8220;<span class=\"dictionary\">Director<\/span>&#8221; means the <span class=\"dictionary\">Director<\/span> of the <span class=\"dictionary\">Department<\/span> of Environmental Quality.\n\t\t&#8220;<span class=\"dictionary\">Fund<\/span>&#8221; means the Virginia <span class=\"dictionary\">Brownfields<\/span> Restoration and Economic Redevelopment Assistance <span class=\"dictionary\">Fund<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Innocent land owner<\/span>&#8221; means a <span class=\"dictionary\">person<\/span> who holds any title, security interest or any other interest in a <span class=\"dictionary\">brownfield<\/span> site and who acquired ownership of the real property after the release of hazardous substances occurred.\n\t\t&#8220;<span class=\"dictionary\">Local government<\/span>&#8221; means any county, city, town, municipal corporation, <span class=\"dictionary\">authority<\/span>, district, commission, or political subdivision of the Commonwealth created by the General Assembly or otherwise created pursuant to the <span class=\"dictionary\">laws<\/span> of the Commonwealth or any combination of the foregoing.\n\t\t&#8220;<span class=\"dictionary\">Partnership<\/span>&#8221; means the Virginia Economic Development <span class=\"dictionary\">Partnership<\/span>.\n\t\t&#8220;<span class=\"dictionary\">Person<\/span>&#8221; means an individual, corporation, <span class=\"dictionary\">partnership<\/span>, association, governmental body, municipal corporation, public service <span class=\"dictionary\">authority<\/span>, or any other legal entity.\n\t\t&#8220;<span class=\"dictionary\">Project<\/span>&#8221; means all or any part of the following activities necessary or desirable for the restoration and redevelopment of a <span class=\"dictionary\">brownfield<\/span> site: (i) environmental or cultural resource site assessments, (ii) monitoring, remediation, cleanup, or containment of property to remove hazardous substances, hazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary removal of human remains, the appropriate treatment of grave sites, and the appropriate and necessary treatment of significant archaeological resources, or the stabilization or restoration of structures listed on or eligible for the Virginia Historic Landmarks Register, (iv) demolition and removal of existing structures, or other site work necessary to make a site or certain real property usable for economic development, and (v) development of a remediation and reuse plan.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nDEFINITIONS (\u00a7 10.1-1230)\n\nAs used in this chapter:\n\t\t&#8220;Authority&#8221; means the Virginia Resources Authority.\n\t\t&#8220;Bona fide prospective purchaser&#8221; means a person or a tenant of a\nperson who acquires ownership, or proposes to acquire ownership, of real\nproperty after the release of hazardous substances occurred.\n\t\t&#8220;Brownfield&#8221; means real property; the expansion, redevelopment, or\nreuse of which may be complicated by the presence or potential presence of a\nhazardous substance, pollutant, or contaminant.\n\t\t&#8220;Cost&#8221; as applied to any project financed under the provisions of\nthis chapter, means the reasonable and necessary costs incurred for carrying out\nall works and undertakings necessary or incident to the accomplishment of any\nproject. It includes, without limitation, all necessary developmental, planning\nand feasibility studies, surveys, plans and specifications; architectural,\nengineering, financial, legal or other special services; site assessments,\nremediation, containment, and demolition or removal of existing structures; the\ncosts of acquisition of land and any buildings and improvements thereon,\nincluding the discharge of any obligation of the seller of such land, buildings\nor improvements; labor; materials, machinery and equipment; the funding of\naccounts and reserves that the Authority may require; the reasonable costs of\nfinancing incurred by the local government in the course of the development of\nthe project; carrying charges incurred prior to completion of the project, and\nthe cost of other items that the Authority determines to be reasonable and\nnecessary.\n\t\t&#8220;Department&#8221; means the Department of Environmental Quality.\n\t\t&#8220;Director&#8221; means the Director of the Department of Environmental\nQuality.\n\t\t&#8220;Fund&#8221; means the Virginia Brownfields Restoration and Economic\nRedevelopment Assistance Fund.\n\t\t&#8220;Innocent land owner&#8221; means a person who holds any title, security\ninterest or any other interest in a brownfield site and who acquired ownership\nof the real property after the release of hazardous substances occurred.\n\t\t&#8220;Local government&#8221; means any county, city, town, municipal\ncorporation, authority, district, commission, or political subdivision of the\nCommonwealth created by the General Assembly or otherwise created pursuant to\nthe laws of the Commonwealth or any combination of the foregoing.\n\t\t&#8220;Partnership&#8221; means the Virginia Economic Development Partnership.\n\t\t&#8220;Person&#8221; means an individual, corporation, partnership,\nassociation, governmental body, municipal corporation, public service authority,\nor any other legal entity.\n\t\t&#8220;Project&#8221; means all or any part of the following activities\nnecessary or desirable for the restoration and redevelopment of a brownfield\nsite: (i) environmental or cultural resource site assessments, (ii) monitoring,\nremediation, cleanup, or containment of property to remove hazardous substances,\nhazardous wastes, solid wastes or petroleum, (iii) the lawful and necessary\nremoval of human remains, the appropriate treatment of grave sites, and the\nappropriate and necessary treatment of significant archaeological resources, or\nthe stabilization or restoration of structures listed on or eligible for the\nVirginia Historic Landmarks Register, (iv) demolition and removal of existing\nstructures, or other site work necessary to make a site or certain real property\nusable for economic development, and (v) development of a remediation and reuse\nplan.\n\nHISTORY: 2002, c. 378; 2014, c. 144.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}