THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

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

Requiring owners and lessors of real property contaminated by

methamphetamines to disclose the contamination to purchasers,

lessees and transferees; providing for the powers and duties

of the Department of Environmental Protection and for

enforcement; and establishing civil immunity for real estate

professionals under certain circumstances.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

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

Methamphetamine Contaminated Property Act.

Section 2.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

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

property is polluted by hazardous materials as a result of the

use, production, storage or presence of methamphetamine in

excess of decontamination standards adopted by the Department of

Environmental Protection under this act.

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

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

that the hazardous materials have been removed and the property

satisfies the decontamination standards adopted by the

Department of Environmental Protection under this act.

"Department."  The Department of Environmental Protection of

the Commonwealth.

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

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

a legal or equitable title or interest in real property.

"Real estate professional."  A person licensed by the

Commonwealth to sell real property.

Section 3.  Decontamination standards to be developed.

The department shall develop scientifically based standards

for the removal of hazardous materials that exist at real

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

of methamphetamine on the property and shall promulgate

regulations relating to such standards.

Section 4.  Disclosure of contaminated property.

If an owner or lessor of real property has actual knowledge

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

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

disclose to the purchaser, lessee or transferee that the

property is contaminated on a form developed by regulation of

the department.

Section 5.  Reporting to department.

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

owner or lessor may report the contaminated property to the

department.

Section 6.  Monitoring of decontamination.

The department shall monitor the decontamination of real

property reported to it under section 5 and shall document when

the property has been decontaminated.

Section 7.  Certificate of decontaminated property.

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

request of an owner or lessor of real property that:

(1)  has reported the property as contaminated; and

(2)  after monitoring by the department, has

decontaminated the property,

certify that the property has been decontaminated and the date

of decontamination.

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

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

the date specified in the certificate.

Section 8.  Enforcement.

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

enforce compliance with the provisions of this act.

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

relief as necessary to enforce the provisions of this act.

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

prevailing party in a civil action initiated under subsection

(a) court costs and reasonable attorney fees.

Section 9.  Immunity for real estate professionals.

A real estate professional shall be immune from liability

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

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

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

property.

Section 10.  Decontamination procedure.

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

lessor of real property for any of the following:

(1)  A certificate issued by the department that the

property has been decontaminated.

(2)  Monitoring to determine whether the property has

been decontaminated.

(3)  Any other related service provided by the department

under this act.

Section 11.  Limitation on authority.

The department may not prohibit an owner or lessor of real

property from decontaminating the property.

Section 12.  Effective date.

This act shall take effect in 60 days.