Legislature(2017 - 2018)
2018-05-09 House Journal
Full Journal pdf2018-05-09 House Journal Page 3623 SB 64 The following, which was not taken up on the May 8 calendar (page 3608), was read the third time: 2018-05-09 House Journal Page 3624 HOUSE CS FOR SENATE BILL NO. 64(RLS) "An Act adopting the Uniform Environmental Covenants Act; relating to environmental real property covenants and notices of activity and use limitation at contaminated sites to ensure the protection of human health, safety, and welfare, and the environment; and providing for an effective date." Representative Wilson moved and asked unanimous consent that HCS SB 64(RLS) be returned to second reading for the specific purpose of considering Amendment Nos. 1 and 2. There being no objection, it was so ordered. Amendment No. 1 was offered by Representative Wilson: Page 3, following line 3: Insert a new subsection to read: "(f) An environmental covenant required under (a)(1) of this section is not valid or enforceable unless, at the time the environmental covenant is signed under AS 46.04.305(a)(5), the owner of the real property subject to the environmental covenant caused the contamination that remains in the environment." Representative Wilson moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Kito objected. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: HCS SB 64(RLS) Second Reading Amendment No. 1 YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 Yeas: Birch, Chenault, Eastman, Johnson, Kawasaki, Knopp, Kopp, LeDoux, Millett, Neuman, Pruitt, Rauscher, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Wilson Nays: Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kito, Kreiss-Tomkins, Lincoln, 2018-05-09 House Journal Page 3625 Ortiz, Parish, Saddler, Seaton, Spohnholz, Stutes, Tuck, Wool, Zulkosky Absent: Reinbold And so, Amendment No. 1 was not adopted. Amendment No. 2 was offered by Representative Wilson: Page 1, line 1, following "An Act" (title amendment): Insert "relating to the liability of a person for the release or threatened release of hazardous substances present on certain land;" Page 1, following line 5: Insert new bill sections to read: "* Section 1. AS 46.03.822(a) is amended to read: (a) Notwithstanding any other provision or rule of law and subject only to the defenses set out in (b) and (n) of this section, the exception set out in (i) of this section, the exception set out in AS 09.65.240, and the limitation on liability provided under AS 46.03.825, the following persons are strictly liable, jointly and severally, for damages, for the costs of response, containment, removal, or remedial action incurred by the state, a municipality, or a village, and for the additional costs of a function or service, including administrative expenses for the incremental costs of providing the function or service, that are incurred by the state, a municipality, or a village, and the costs of projects or activities that are delayed or lost because of the efforts of the state, the municipality, or the village, resulting from an unpermitted release of a hazardous substance or, with respect to response costs, the substantial threat of an unpermitted release of a hazardous substance: (1) the owner of, and the person having control over, the hazardous substance at the time of the release or threatened release; this paragraph does not apply to a consumer product in consumer use; (2) the owner and the operator of a vessel or facility, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance; (3) any person who, at the time of disposal of any 2018-05-09 House Journal Page 3626 hazardous substance, owned or operated any facility or vessel at which the hazardous substances were disposed of, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance; (4) any person who by contract, agreement, or otherwise arranged for disposal or treatment, or arranged with a transporter for transport for disposal or treatment, of hazardous substances owned or possessed by the person, other than domestic sewage, or by any other party or entity, at any facility or vessel owned or operated by another party or entity and containing hazardous substances, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance; (5) any person who accepts or accepted any hazardous substances, other than refined oil, for transport to disposal or treatment facilities, vessels or sites selected by the person, from which there is a release, or a threatened release that causes the incurrence of response costs, of a hazardous substance. * Sec. 2. AS 46.03.822(d) is amended to read: (d) To establish that a person had no reason to know that the hazardous substance was disposed of on, in, or at the facility, as provided in (c)(1) and (l) of this section, or to establish that a person had no reason to know that the hazardous substance was present on the land at the time the ownership of the land was transferred to the person, as provided in (n) of this section, the person must have undertaken, at the time of voluntary acquisition, all reasonable inquiries into the previous ownership and uses of the property consistent with good commercial or customary practice in an effort to minimize liability. For purposes of this subsection a court shall take into account all relevant facts, including (1) any specialized knowledge or experience the person has; (2) the relationship of the purchase price to the value of the property if it were uncontaminated; (3) commonly known or reasonably ascertainable information about the property; (4) the obviousness of the presence or likely presence of contamination at the property; and (5) the ability to detect contamination by appropriate 2018-05-09 House Journal Page 3627 inspection. * Sec. 3. AS 46.03.822 is amended by adding a new subsection to read: (n) In an action to recover damages or costs, a person otherwise liable under this section for a release or threatened release of a hazardous substance on the person's land is relieved from liability under this section if the person proves that the (1) person did not know and had no reason to know that the hazardous substance was present on the land at the time the ownership of the land was transferred to the person; and (2) hazardous substance was present on the land at the time the ownership of the land was transferred to the person." Page 1, line 6: Delete "Section 1" Insert "Sec. 4" Renumber the following bill sections accordingly. Page 13, line 26, following "implement": Insert "sec. 4 of" Page 13, line 29: Delete "Section 2" Insert "Section 5" Representative Wilson moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Kito objected. Representative Pruitt moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and he was required to vote. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HCS SB 64(RLS) Second Reading Amendment No. 2 YEAS: 18 NAYS: 21 EXCUSED: 0 ABSENT: 1 2018-05-09 House Journal Page 3628 Yeas: Chenault, Eastman, Guttenberg, Johnson, Kawasaki, Knopp, LeDoux, Millett, Neuman, Pruitt, Rauscher, Reinbold, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Wilson Nays: Birch, Claman, Drummond, Edgmon, Gara, Grenn, Johnston, Josephson, Kito, Kopp, Kreiss-Tomkins, Lincoln, Ortiz, Parish, Saddler, Seaton, Spohnholz, Stutes, Tuck, Wool, Zulkosky Absent: Foster And so, Amendment No. 2 was not adopted. HCS SB 64(RLS) was automatically in third reading. The question being: "Shall HCS SB 64(RLS) pass the House?" The roll was taken with the following result: HCS SB 64(RLS) Third Reading Final Passage YEAS: 34 NAYS: 6 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Johnson, Rauscher, Sullivan-Leonard, Tilton, Wilson And so, HCS SB 64(RLS) passed the House. Representative Tuck moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There was objection. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: 2018-05-09 House Journal Page 3629 HCS SB 64(RLS) Third Reading Effective Date YEAS: 36 NAYS: 4 EXCUSED: 0 ABSENT: 0 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Foster, Gara, Grenn, Guttenberg, Johnson, Johnston, Josephson, Kawasaki, Kito, Knopp, Kopp, Kreiss-Tomkins, LeDoux, Lincoln, Millett, Neuman, Ortiz, Parish, Pruitt, Rauscher, Reinbold, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Thompson, Tuck, Wool, Zulkosky Nays: Eastman, Sullivan-Leonard, Tilton, Wilson And so, the effective date clause was adopted. HCS SB 64(RLS) was referred to the Chief Clerk for engrossment.