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