February 11, 2011





HOUSE BILL No. 1200

_____


DIGEST OF HB 1200 (Updated February 9, 2011 12:10 pm - DI 69)



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.





Davis, Bosma




    January 10, 2011, read first time and referred to Committee on Environmental Affairs.
    February 10, 2011, amended, reported _ Do Pass.






February 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 this style type.
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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)HB1200.1.1. -->     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.

SOURCE: IC 34-30-2-51.2; (11)HB1200.1.2. -->     SECTION 2. IC 34-30-2-51.2 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 51.2. IC 13-19-6 (Concerning persons who engage in certain surficial activities).