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Senate File 2230

Partial Bill History

Bill Text

PAG LIN
  1  1                                             SENATE FILE 2230
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO IMMUNITY FROM THIRD-PARTY LIABILITY FOR CLAIMS
  1  5    RESULTING FROM CONTAMINATED PROPERTY AND PROVIDING AN
  1  6    EFFECTIVE DATE.
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10    Section 1.  NEW SECTION.  455B.751  DEFINITIONS.
  1 11    As used in this division, unless the context otherwise
  1 12 requires:
  1 13    1.  "Acquired" means purchased, leased, or obtained by
  1 14 inheritance or descent and distribution.
  1 15    2.  "Hazardous substance" means the same as defined in
  1 16 section 455B.381 or 455B.411.
  1 17    3.  "Hazardous waste" means the same as defined in section
  1 18 455B.411.
  1 19    4.  "Potentially responsible party" means a person whose
  1 20 acts or omissions were a proximate cause of the contamination
  1 21 of the acquired property.
  1 22    5.  "Regulated substance" means the same as defined in
  1 23 section 455B.471.
  1 24    6.  "Response action" means any action taken to reduce,
  1 25 minimize, eliminate, clean up, control, assess, or monitor a
  1 26 release of hazardous substances, hazardous waste, or regulated
  1 27 substances to protect the public health, safety, or the
  1 28 environment.
  1 29    7.  "Third party" means any person other than a person that
  1 30 holds indicia of title to property as identified in section
  1 31 455B.752, subsection 1, or that has acquired property as
  1 32 identified in section 455B.752, subsection 2.
  1 33    8.  "Third-party liability" means any liability or
  1 34 obligation arising out of or resulting from contamination of
  1 35 property by a hazardous substance, hazardous waste, or a
  2  1 regulated substance, including without limitation, claims for
  2  2 illness, personal injury, death, consequential damages,
  2  3 exemplary damages, lost profits, trespass, loss of use of
  2  4 property, loss of rental value, reduction in property value,
  2  5 property damages, or statutory or common law nuisance.
  2  6    Sec. 2.  NEW SECTION.  455B.752  IMMUNITY FROM THIRD-PARTY
  2  7 LIABILITY.
  2  8    1.  A person that holds indicia of ownership of property
  2  9 contaminated by a hazardous substance, hazardous waste, or
  2 10 regulated substance, and that satisfies all of the conditions
  2 11 provided in section 455B.381, subsection 7, paragraphs "a",
  2 12 "b", and "c", or section 455B.471, subsection 6, paragraph
  2 13 "b", subparagraphs (1), (2), and (3), shall not be liable to
  2 14 any third party for any third-party liability arising from
  2 15 such contamination.
  2 16    2.  A person that has acquired property contaminated by a
  2 17 hazardous substance, hazardous waste, or regulated substance
  2 18 shall not be liable to any third party for any third-party
  2 19 liability arising by reason of such contamination, provided
  2 20 that all of the following apply:
  2 21    a.  The person does not knowingly cause or permit a new or
  2 22 additional hazardous substance, hazardous waste, or regulated
  2 23 substance to arise on or from the acquired property that
  2 24 injures a third party or contaminates property owned or leased
  2 25 by a third party.
  2 26    b.  The person is not a potentially responsible party or
  2 27 affiliated with any potentially responsible party by reason of
  2 28 any of the following:
  2 29    (1)  Any direct or indirect familial relationship.
  2 30    (2)  Any contractual, corporate, or financial relationship,
  2 31 other than a contractual, corporate, or financial relationship
  2 32 that is created by the instruments by which title to the
  2 33 property is conveyed or financed or by a contract for the sale
  2 34 of goods or services.
  2 35    (3)  A reorganization of a business entity that is or was a
  3  1 potentially responsible party.
  3  2    Sec. 3.  NEW SECTION.  455B.753  ACCESS TO PROPERTY.
  3  3    A person that holds indicia of title to property as
  3  4 identified in section 455B.752, subsection 1, or a person that
  3  5 has acquired property as identified in section 455B.752,
  3  6 subsection 2, shall provide reasonable access to the acquired
  3  7 property to any potentially responsible party or to any
  3  8 authorized regulatory authority for the purpose of
  3  9 investigating or evaluating any contamination, planning, or
  3 10 preparing a remedial plan for any abatement of the
  3 11 contamination, and for any required remediation.
  3 12    Sec. 4.  NEW SECTION.  455B.754  LEGAL RESPONSIBILITY.
  3 13    This division shall not be interpreted to affect the legal
  3 14 responsibility to the state to conduct response actions under
  3 15 any applicable state law.
  3 16    Sec. 5.  EFFECTIVE DATE.  This Act, being deemed of
  3 17 immediate importance, takes effect upon enactment.  
  3 18 
  3 19 
  3 20                                                             
  3 21                               JEFFREY M. LAMBERTI
  3 22                               President of the Senate
  3 23 
  3 24 
  3 25                                                             
  3 26                               CHRISTOPHER C. RANTS
  3 27                               Speaker of the House
  3 28 
  3 29    I hereby certify that this bill originated in the Senate and
  3 30 is known as Senate File 2230, Eightieth General Assembly.
  3 31 
  3 32 
  3 33                                                             
  3 34                               MICHAEL E. MARSHALL
  3 35                               Secretary of the Senate
  4  1 Approved                , 2004
  4  2 
  4  3 
  4  4                                
  4  5 THOMAS J. VILSACK
  4  6 Governor
     

Text: SF02229                           Text: SF02231
Text: SF02200 - SF02299                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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