Legislature(2017 - 2018)

2018-05-09 House Journal

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2018-05-09                     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.