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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| 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 |
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| REFERRED TO COMMITTEE ON ENVIRONMENTAL RESOURCES AND ENERGY, JANUARY 19, 2011 |
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| AN ACT |
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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 |
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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 |
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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. |
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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. |
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