Introduced Version






HOUSE BILL No. 1200

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 13-19-6; IC 34-30-2-51.2.

Synopsis: Immunity for certain brownfield activities. Provides that, under certain circumstances, a person who: (1) owns or otherwise legally possesses a brownfield; and (2) installs watertight pavement or another watertight hard substance on the surface of the brownfield; is not liable 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 brownfield.

Effective: July 1, 2011.





Davis, Bosma




    January 10, 2011, read first time and referred to Committee on Environmental Affairs.







Introduced

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)IN1200.1.1. -->     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. Immunity for Certain Brownfield Activities
    Sec. 1. Notwithstanding any liability imposed by the environmental management laws, a person who:
        (1) owns or otherwise legally possesses a brownfield; and
        (2) installs:
            (A) watertight pavement; or
            (B) another watertight hard substance;
        on the surface of the brownfield;
is not liable 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 brownfield, including the costs of any remediation, if all the conditions described in section 2 of this chapter are met.
    Sec. 2. A person described in section 1 of this chapter is not liable under the environmental management laws if all the following conditions are met:
        (1) The person has not:
            (A) caused; or
            (B) contributed to;
        the contamination of the brownfield with a hazardous substance, a contaminant, petroleum, or a petroleum product.
        (2) The original source of the hazardous substance, contaminant, petroleum, or petroleum product:
            (A) has been removed; or
            (B) is still located beneath the surface of the brownfield and has been properly decommissioned.
        (3) The hazardous substance, contaminant, petroleum, or petroleum product is located entirely beneath the surface of the brownfield.
        (4) The:
            (A) watertight pavement; or
            (B) other watertight hard substance;
        installed on the surface of the brownfield completely covers the hazardous substance, contaminant, petroleum, or petroleum product located beneath the surface of the brownfield.
        (5) After the pavement or other hard substance has been installed, the person does not:
            (A) construct; or
            (B) allow another person to construct;
        a building or other structure over the top of a hazardous substance, a contaminant, petroleum, or a petroleum product located beneath the surface of the brownfield.
        (6) The person takes all other reasonable precautions against reasonably foreseeable acts or omissions that might be committed by:
            (A) the person; or
            (B) another person;
        that could disturb the hazardous substance, contaminant, petroleum, or petroleum product located beneath the surface of the brownfield.

SOURCE: IC 34-30-2-51.2; (11)IN1200.1.2. -->     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 brownfield activities).