HB0062 • 2013

Innocent landowner amendments.

AN ACT relating to environmental quality; amending the definition of an innocent owner for purposes of immunity from liability for contamination on real property as specified; providing a definition; and providing for an effective date.

Land

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Minerals
Last action: 2013-02-15
Official status: enrolled
Effective date: 2/14/2013

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

2013-02-15 LSO
Assigned Chapter Number
2013-02-14 Governor
Governor Signed HEA0022
2013-02-11 Senate
S President Signed HEA No. 0022
2013-02-11 House
H Speaker Signed HEA No. 0022
2013-02-11 LSO
Assigned Number HEA0022
2013-02-11 Senate
S Passed 3rd Reading
2013-02-08 Senate
S Passed 2nd Reading
2013-02-07 Senate
S Passed CoW
2013-02-01 Senate
S Placed on General File
2013-02-01 Senate
S09 Recommended Do Pass
2013-01-25 Senate
S Introduced and Referred to S09
2013-01-25 Senate
S Received for Introduction
2013-01-25 House
H Passed 3rd Reading
2013-01-24 House
H Passed 2nd Reading
2013-01-23 House
H Passed CoW
2013-01-21 House
H Placed on General File
2013-01-21 House
H09 Recommended Do Pass
2013-01-08 House
H Introduced and Referred to H09
2013-01-08 House
H Received for Introduction
2012-12-26 LSO
Bill Number Assigned

Official Summary Text

Bill No.: <billno> Drafter: <drafterinit>

Bill No.:
HB0062
Drafter:

MDO

LSO No.:
13LSO-0086
Effective Date:

Immediate

Enrolled Act No.:
HEA0022

Chapter No.:
CH0038

Prime Sponsor:
Joint
Minerals, Business and Economic Development Interim Committee

Catch Title:
Innocent landowner amendments.

Subject:
Environmental Quality Act Real Property
Remediation

Summary/Major
Elements:

The United States and the State of Wyoming have both established
programs to encourage the remediation of polluted property by private
individuals. One aspect of this encouragement has been to provide immunity
from liability to a person who purchases or otherwise possesses polluted
property, but is not responsible for creating or emitting the pollution.

This act provides for additional immunity to a person
who qualifies as a bona fide prospective purchaser.

To qualify as a bona fide prospective purchaser for
purposes of receiving immunity from liability under the Innocent Owner
provisions of the Environmental Quality Act, all releases of pollution must
have occurred before the person acquired the property and the person must:

o

Acquire property he knew to be polluted on or after January 11, 2002;

o

Stop all continuing release or pollutants and have stopped all
threatened future releases;

o

Prevent or limit exposure to the pollutant;

o

Notify the department of environmental quality of the presence of the
pollution; and

o

Not be liable for the release of the pollutant or associated with
someone who is as specified.

Current Bill Text

Read the full stored bill text

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0062

ENROLLED ACT NO. 22, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2013 GENERAL SESSION

AN ACT relating to
environmental quality; amending
the

definition
of an innocent owner for purposes of immunity

from liability for c
ontamination on real property as
specified; providing a
definition;
and
providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1
.

W.S. 35
‑
11
‑
103(g) by creating a new paragraph (xii) and 35
‑
11
‑
1801(a)(iv), (v) and by creating a new paragraph (vi) are amended to read:

35
‑
11
‑
103.

Definitions.

(g)

Specific definitions applying to voluntary remediation, real property remediation account and innocent owners:

(xii)

"Bona fide prospective purchaser" means a person who acquired ownership of contami
nated real property after January 11, 2002 which the person knew to be contaminated at the time of acquisition and can establish each of the following:

(A)

All release or disposal of contaminants located at the real property occurred before the person acquired the property;

(B)

The owner or prospective purchaser stopped all continuing releases of contamination from the property;

(C)

The ow
ner or
prospective purchaser prevented any threatened future release from the existing contamination;

(D)

The owner or prospective purchaser prevented or limited human, environmental and natural resource exposure to previously released hazardous substances;

(E)

The
d
epartment has been notified in writing of th
e presence of contamination;

(F)

The prospective purchaser is not potentially liable or
affiliated
with a potentially liable party for response costs at the property through:

(I)

Familial relationships;

(II)

Contractual, corporate or financial relationships; or

(III)

The reorganization of a potentially liable business.

35
‑
11
‑
1801.

Definition of innocent owner.

(a)

"Innocent owner" means a person who did not cause or contribute to the source of contamination and who is one (1) of the following:

(iv)

A lender or fiduciary who owns or holds a security interest in land, unless the lender or fiduciary participated in the management of a site at the time that the owner or operator thereof caused a release or migration of contaminants;

or

(v)

A unit of state or local government which acquired ownership or control through bankruptcy, tax delinquency, abandonment or other circumstances in which
the government acquires title by virtue of its function as sovereign, unless the state or local government contributed to the contamination
;
.

or

(vi)

A bona fide prospective purchaser.

Section 2.

This act is effective immediately upon completion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constitution.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1