Bill Text: PA SB878 | 2011-2012 | Regular Session | Introduced

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Bill Title: 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 Health and for enforcement; and establishing civil immunity for real estate professionals under certain circumstances.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-12-12 - Re-referred to APPROPRIATIONS [SB878 Detail]

Download: Pennsylvania-2011-SB878-Introduced.html

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PRINTER'S NO. 893
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No. 878 Session of2011
INTRODUCED BY RAFFERTY, BREWSTER, ARGALL, TARTAGLIONE AND GREENLEAF, MARCH 22, 2011
REFERRED TO CONSUMER PROTECTION AND PROFESSIONAL LICENSURE, MARCH 22, 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 Health 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
Health 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 Health under this act.
"Department." The Department of Health 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.
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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
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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.
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