House File 2435
HOUSE FILE
BY COMMITTEE ON COMMERCE,
REGULATION AND LABOR
(SUCCESSOR TO HSB 612)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to immunity from third=party liability for claims
2 resulting from contaminated property.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 6160HV 80
5 tm/pj/5
PAG LIN
1 1 Section 1. NEW SECTION. 455B.751 DEFINITIONS.
1 2 As used in this division, unless the context otherwise
1 3 requires:
1 4 1. "Acquired" means purchased, leased, or obtained by
1 5 inheritance or descent and distribution.
1 6 2. "Hazardous substance" means the same as defined in
1 7 section 455B.381 or 455B.411.
1 8 3. "Hazardous waste" means the same as defined in section
1 9 455B.411.
1 10 4. "Potentially responsible party" means a person whose
1 11 acts or omissions were a proximate cause of the contamination
1 12 of the acquired property.
1 13 5. "Regulated substance" means the same as defined in
1 14 section 455B.471.
1 15 6. "Third party" means any person other than a person that
1 16 holds indicia of title to property as identified in section
1 17 455B.752, subsection 1, or that has acquired property as
1 18 identified in section 455B.752, subsection 2.
1 19 7. "Third=party liability" means any liability or
1 20 obligation arising out of or resulting from contamination of
1 21 property by a hazardous substance, hazardous waste, or a
1 22 regulated substance, including without limitation, claims for
1 23 illness, personal injury, death, consequential damages,
1 24 exemplary damages, lost profits, trespass, loss of use of
1 25 property, loss of rental value, reduction in property value,
1 26 property damages, or statutory or common law nuisance.
1 27 Sec. 2. NEW SECTION. 455B.752 IMMUNITY FROM THIRD=PARTY
1 28 LIABILITY.
1 29 1. A person that holds indicia of ownership of property
1 30 contaminated by a hazardous substance, hazardous waste, or
1 31 regulated substance, and that satisfies all of the conditions
1 32 provided in section 455B.381, subsection 7, paragraphs "a",
1 33 "b", and "c", or section 455B.471, subsection 6, paragraph
1 34 "b", subparagraphs (1), (2), and (3), shall not be liable to
1 35 any third party for any third=party liability arising from
2 1 such contamination.
2 2 2. A person that has acquired property contaminated by a
2 3 hazardous substance, hazardous waste, or regulated substance
2 4 shall not be liable to any third party for any third=party
2 5 liability arising by reason of such contamination, provided
2 6 that all of the following apply:
2 7 a. The person does not knowingly cause or permit a new or
2 8 additional hazardous substance, hazardous waste, or regulated
2 9 substance to arise on or from the acquired property that
2 10 injures a third party or contaminates property owned or leased
2 11 by a third party.
2 12 b. The person is not a potentially responsible party or
2 13 affiliated with any potentially responsible party by reason of
2 14 any of the following:
2 15 (1) Any direct or indirect familial relationship.
2 16 (2) Any contractual, corporate, or financial relationship,
2 17 other than a contractual, corporate, or financial relationship
2 18 that is created by the instruments by which title to the
2 19 property is conveyed or financed or by a contract for the sale
2 20 of goods or services.
2 21 (3) A reorganization of a business entity that is or was a
2 22 potentially responsible party.
2 23 Sec. 3. NEW SECTION. 455B.753 ACCESS TO PROPERTY.
2 24 A person that holds indicia of title to property as
2 25 identified in section 455B.752, subsection 1, or a person that
2 26 has acquired property as identified in section 455B.752,
2 27 subsection 2, shall provide reasonable access to the acquired
2 28 property to any potentially responsible party or to any
2 29 authorized regulatory authority for the purpose of
2 30 investigating or evaluating any contamination, planning, or
2 31 preparing a remedial plan for any abatement of the
2 32 contamination, and for any required remediation.
2 33 EXPLANATION
2 34 This bill relates to immunity from third=party liability
2 35 for claims resulting from contaminated property.
3 1 The bill provides that a person that holds indicia of
3 2 ownership of property contaminated by a hazardous substance,
3 3 hazardous waste, or regulated substance, and that satisfies
3 4 certain ownership=related requirements, shall not be liable to
3 5 any third party for any third=party liability arising from
3 6 such contamination. The ownership=related requirements
3 7 include holding indicia of ownership primarily to protect that
3 8 person's security interest in the hazardous condition site,
3 9 where the indicia of ownership was acquired either for the
3 10 purpose of securing payment of a loan or other indebtedness,
3 11 or in the course of protecting the security interest; not
3 12 exhibiting managerial control of, or managerial responsibility
3 13 for, the daily operation of the hazardous condition site
3 14 through the actual, direct, and continual or recurrent
3 15 exercise of managerial control over the hazardous condition
3 16 site in which that person holds a security interest, which
3 17 managerial control materially divests the borrower, debtor, or
3 18 obligor of control; and taking no subsequent action with
3 19 respect to the site which causes or exacerbates a release or
3 20 threatened release of a hazardous substance.
3 21 The bill provides that a person that has acquired property
3 22 contaminated by a hazardous substance, hazardous waste, or
3 23 regulated substance shall not be liable to any third party for
3 24 any third=party liability arising by reason of such
3 25 contamination, provided that the person does not knowingly
3 26 cause or permit a new or additional hazardous substance,
3 27 hazardous waste, or regulated substance to arise on or from
3 28 the acquired property that injures a third party or
3 29 contaminates property owned or leased by a third party, and
3 30 the person is not a potentially responsible party or
3 31 affiliated with any potentially responsible party by reason of
3 32 certain relationships. The relationships include any direct
3 33 or indirect familial relationship; any contractual, corporate,
3 34 or financial relationship, other than a contractual,
3 35 corporate, or financial relationship that is created by the
4 1 instruments by which title to the property is conveyed or
4 2 financed or by a contract for the sale of goods or services;
4 3 or a reorganization of a business entity that is or was a
4 4 potentially responsible party.
4 5 The bill requires a person that holds indicia of title to
4 6 property as identified in this bill or a person that has
4 7 acquired property as identified in this bill to provide
4 8 reasonable access to the acquired property to any potentially
4 9 responsible party or to any authorized regulatory authority
4 10 for the purpose of investigating or evaluating any
4 11 contamination, planning, or preparing a remedial plan for any
4 12 abatement of the contamination, and for any required
4 13 remediation.
4 14 LSB 6160HV 80
4 15 tm/pj/5