HB 269-HAZARDOUS SUBSTANCE RELEASE LIABILITY  CHAIR THOMAS WAGONER announced HB 269 to be up for consideration. REPRESENTATIVE JAY RAMRAS, sponsor of HB 269, said he introduced HB 269, "So we can maintain a cleaner environment and proceed in an expeditious manner to do so." 3:55:58 PM SENATOR BERT STEDMAN asked how contamination liability is followed from one previous owner to the next if disclosure doesn't happen. JANE PIERSON, staff to Representative Ramras, answered that presently there is confusion as to when a lawsuit can be undertaken against another potentially responsible party. There is joint and several liability, but the actual time the action can be taken is what was clouded in the Aviall decision, which said you can go against another responsible party, at such time as a suit has been brought by the state or you have entered into an agreement with the state and not at the beginning of the cleanup. This bill says from the time the state determines there is an environmental cleanup issue and that it will be undertaken by a private party, that party can then go against other potentially responsible parties to assist in the financial aspects of the cleanup. 3:58:02 PM SENATOR ELTON asked if Section 1 under findings and purpose is necessary to the bill. MS. PIERSON answered that it was probably going to be deleted in the Judiciary Committee. 3:59:05 PM MR. BRECK TOSTEVIN, Department of Law (DOL), stated that the Administration, Department of Law and Department of Environmental Conservation supported HB 269 mostly because it insures that the voluntary cleanup system that is in place in Alaska goes forward. It gets rid of inefficiencies associated with requiring the state to sue people so they can collect from other responsible parties. 3:59:52 PM CHAIR WAGONER asked if this applies to the case in Sterling if an additional insurance company is involved. MR. TOSTEVIN replied yes and that wouldn't change the insurance situation. GEORGE LYLE, Justin Rudd Law Offices, said he represented the number of property owners who have property with hazardous substances who have received potentially responsible party notices from the DEC and who are now facing difficulties in trying to get other potentially responsible parties to share in the cost of the cleanup. Usually the current owner of the property gets stuck with the cost first. He supported HB 269 explaining that since the Aviall decision, settlements that were pending were withdrawn because the other party said, "You can no longer come after me until the state sues you first." It is an unnecessary burden to make the state sue people in order for them to have an opportunity to get contribution from others who are responsible for the problem to begin with. 4:02:38 PM SENATOR STEDMAN stated that he wanted the severability issue answered. CHAIR WAGONER stated that HB 269 would be held for further work and adjourned the meeting at 4:03:25 PM.