(a) Agreement.--The department and the person undertaking the reuse in a special industrial area under section 305¹ shall enter into an agreement based on the environmental report which outlines cleanup liability for the property. Any person included in such an agreement shall not be subject to a citizen suit, other contribution actions brought by responsible persons not participating in the remediation of the property or other actions brought by the department with respect to the property except those which may be necessary to enforce the terms of the agreement.

(b) Liability.--The cleanup liabilities for the person undertaking the reuse of the property shall include the following:

(c) Developer or occupier.--A person who develops or occupies the property shall not be considered a responsible person for purposes of assigning cleanup liability.

(d) Successor or assign.--A successor or assign of any person to whom cleanup liability protection applies for a property shall not be considered a responsible person for purposes of assigning cleanup liability, provided the successor or assign is not a person responsible for contamination on the property who did not participate in the environmental remediation action.

(e) Public utility.--A public utility shall not be considered a responsible person for purposes of assigning cleanup liability to the extent the public utility performs activities on the identified property, provided the public utility is not a person responsible for contamination on the property.