PRINTER'S NO.  58

  

THE GENERAL ASSEMBLY OF PENNSYLVANIA

  

HOUSE BILL

 

No.

106

Session of

2011

  

  

INTRODUCED BY TALLMAN, BAKER, BOYD, V. BROWN, CREIGHTON, GEIST, GROVE, HENNESSEY, HESS, KNOWLES, MILLER, PYLE, READSHAW, ROCK, SCHRODER, K. SMITH, SWANGER AND VULAKOVICH, JANUARY 19, 2011

  

  

REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 19, 2011  

  

  

  

AN ACT

  

1

Requiring owners and lessors of real property contaminated by

2

methamphetamines to disclose the contamination to purchasers,

3

lessees and transferees; providing for the powers and duties

4

of the Department of Environmental Protection and for

5

enforcement; and establishing civil immunity for real estate

6

professionals under certain circumstances.

7

The General Assembly of the Commonwealth of Pennsylvania

8

hereby enacts as follows:

9

Section 1.  Short title.

10

This act shall be known and may be cited as the Disclosure of

11

Methamphetamine Contaminated Property Act.

12

Section 2.  Definitions.

13

The following words and phrases when used in this act shall

14

have the meanings given to them in this section unless the

15

context clearly indicates otherwise:

16

"Contaminated."  In reference to a property, that the

17

property is polluted by hazardous materials as a result of the

18

use, production, storage or presence of methamphetamine in

 


1

excess of decontamination standards adopted by the Department of

2

Environmental Protection under this act.

3

"Decontaminated" or "decontamination."  In reference to a

4

property, that the property at one time was contaminated, but

5

that the hazardous materials have been removed and the property

6

satisfies the decontamination standards adopted by the

7

Department of Environmental Protection under this act.

8

"Department."  The Department of Environmental Protection of

9

the Commonwealth.

10

"Owner."  A person, including, but not limited to, a

11

shareholder, partner, operator or other legal entity, that holds

12

a legal or equitable title or interest in real property.

13

"Real estate professional."  A person licensed by the

14

Commonwealth to sell real property.

15

Section 3.  Decontamination standards to be developed.

16

The department shall develop scientifically based standards

17

for the removal of hazardous materials that exist at real

18

property as a result of the use, production, storage or presence

19

of methamphetamine on the property and shall promulgate

20

regulations relating to such standards.

21

Section 4.  Disclosure of contaminated property.

22

If an owner or lessor of real property has actual knowledge

23

that the property is contaminated, the owner or lessor shall,

24

prior to the conveyance, lease or transfer of the property,

25

disclose to the purchaser, lessee or transferee that the

26

property is contaminated on a form developed by regulation of

27

the department.

28

Section 5.  Reporting to department.

29

If the property of an owner or lessor is contaminated, the

30

owner or lessor may report the contaminated property to the

- 2 -

 


1

department.

2

Section 6.  Monitoring of decontamination.

3

The department shall monitor the decontamination of real

4

property reported to it under section 5 and shall document when

5

the property has been decontaminated.

6

Section 7.  Certificate of decontaminated property.

7

(a)  Duty of department.--The department shall, upon the

8

request of an owner or lessor of real property that:

9

(1)  has reported the property as contaminated; and

10

(2)  after monitoring by the department, has

11

decontaminated the property,

12

certify that the property has been decontaminated and the date

13

of decontamination.

14

(b)  Legal effect of certificate.--A certificate issued under

15

this section shall be evidence of compliance with this act as of

16

the date specified in the certificate.

17

Section 8.  Enforcement.

18

(a)  Right of action.--Any person may file a civil action to

19

enforce compliance with the provisions of this act.

20

(b)  Relief.--A court may issue an injunction or such other

21

relief as necessary to enforce the provisions of this act.

22

(c)  Court costs and attorney fees.--A court may award a

23

prevailing party in a civil action initiated under subsection

24

(a) court costs and reasonable attorney fees.

25

Section 9.  Immunity for real estate professionals.

26

A real estate professional shall be immune from liability

27

under this act for the failure of an owner or lessor of real

28

property to comply with the provisions of this act, unless the

29

real estate professional is also the owner or lessor of the real

30

property.

- 3 -

 


1

Section 10.  Decontamination procedure.

2

The department may establish and impose a fee on an owner or

3

lessor of real property for any of the following:

4

(1)  A certificate issued by the department that the

5

property has been decontaminated.

6

(2)  Monitoring to determine whether the property has

7

been decontaminated.

8

(3)  Any other related service provided by the department

9

under this act.

10

Section 11.  Limitation on authority.

11

The department may not prohibit an owner or lessor of real

12

property from decontaminating the property.

13

Section 12.  Effective date.

14

This act shall take effect in 60 days.

- 4 -

 


See other bills
under the
same topic