March 11, 2011
ENGROSSED
HOUSE BILL No. 1200
_____
DIGEST OF HB 1200
(Updated March 8, 2011 12:21 pm - DI 106)
Citations Affected: IC 13-19; IC 34-30.
Synopsis: Immunity for certain surficial activities. Provides that,
subject to certain conditions, a person who: (1) owns or otherwise
legally possesses real property that is not more than one acre in size;
and (2) only installs pavement or another hard surface or landscaping
and other surficial plantings on the surface of the real property; does
not incur any additional liability for those paving or landscaping
activities under the environmental management laws for costs or
damages associated with the presence of a hazardous substance, a
contaminant, petroleum, or a petroleum product that is located beneath
the surface of the real property.
Effective: July 1, 2011.
January 10, 2011, read first time and referred to Committee on Environmental Affairs.
February 10, 2011, amended, reported _ Do Pass.
February 14, 2011, read second time, ordered engrossed.
February 15, 2011, engrossed. Read third time, passed. Yeas 96, nays 0.
SENATE ACTION
February 17, 2011, read first time and referred to Committee on Corrections, Criminal, and
Civil Matters.
March 10, 2011, reported favorably _ Do Pass.
March 11, 2011
First Regular Session 117th General Assembly (2011)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in
this style type, and deletions will appear in
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in
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word
NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in
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between statutes enacted by the 2010 Regular Session of the General Assembly.
ENGROSSED
HOUSE BILL No. 1200
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 13-19-6; (11)EH1200.1.1. -->
SECTION 1. IC 13-19-6 IS ADDED TO THE INDIANA CODE AS
A
NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2011]:
Chapter 6. Liability Limitation for Certain Surficial Activities
Sec. 1. (a) Subject to subsection (b) and except as provided
under existing defenses and exemptions to liability contained in the
environmental management laws, a person who:
(1) owns or otherwise legally possesses real property that is
not more than one (1) acre in size; and
(2) installs only:
(A) pavement or another hard surface; or
(B) landscaping and other surficial plantings;
on the surface of the real property does not incur any additional
liability for those paving or landscaping activities under the
environmental management laws for costs or damages associated
with the presence of a hazardous substance, a contaminant,
petroleum, or a petroleum product that is located beneath the
surface of the real property.
(b) Paving or landscaping activities on real property described
in subsection (a)(2) may not:
(1) impede the effectiveness or integrity of any institutional
control employed on the real property in connection with a
response action at the real property;
(2) violate a land use restriction established or relied on in
connection with a response action at the real property;
(3) result in a release of a hazardous substance, a
contaminant, petroleum, or a petroleum product at the real
property; or
(4) exacerbate existing contamination at the real property.