S.B. 180

1

BROWNFIELD PROPERTIES - AMENDMENTS
2 2004 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Bill Wright
5
6 LONG TITLE
7 General Description:
8 This bill limits under specified circumstances the cleanup liability to the state of
9 innocent landowners, bona fide purchasers of contaminated property, and landowners
10 whose property is contiguous to contaminated property, but allows the state to hold a
11 lien on the property for the property's increase in value due to the cleanup.
12 Highlighted Provisions:
13 This bill:
14 . enumerates the conditions, including references to federal law, that the property
15 owner must meet to qualify for the innocent landowner, bona fide purchaser, or
16 contiguous landowner liability exemption regarding property at times referred to as
17 brownfield property;
18 . allows the state to impose, in accordance with federal provisions, a lien on property
19 that the state has expended funds to clean up; and
20 . does not prohibit the Department of Environmental Quality from requiring any
21 responsible person to conduct response actions on contaminated property.
22 Monies Appropriated in this Bill:
23 None
24 Other Special Clauses:
25 None
26 Utah Code Sections Affected:
27 ENACTS:

28 19-8-119, Utah Code Annotated 1953
29
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 19-8-119 is enacted to read:
32 19-8-119. Brownfield sites - Limitations on liability.
33 (1) As used in this section:
34 (a) "Bona fide prospective purchaser" has the meaning given in 42 U.S.C. § 9601(40),
35 Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
36 substituting "executive director" for "President" and "title" for "chapter."
37 (b) "Contiguous landowner" means a person who qualifies for the exemption from
38 liability set forth in 42 U.S.C. § 9607(q)(1), Comprehensive Environmental Response,
39 Compensation, and Liability Act of 1980, substituting "executive director" for "President" and
40 "title" for "chapter."
41 (c) "Innocent purchaser" means a person who qualifies for the exemption from liability
42 set forth in 42 U.S.C. § 9607(b)(3), Comprehensive Environmental Response, Compensation,
43 and Liability Act of 1980.
44 (2) Notwithstanding any other provision of law and regardless of whether a person is a
45 participant in a program under this chapter, a person who is a bona fide prospective purchaser,
46 a contiguous landowner, or an innocent purchaser is not liable for any response action that may
47 be required with respect to any real property pursuant to:
48 (a) Title 19, Chapter 5, Water Quality Act, except as provided in Subsection (7);
49 (b) Title 19, Chapter 6, Part 1, Solid and Hazardous Waste Act, except as provided in
50 Subsection (7); or
51 (c) Title 19, Chapter 6, Part 3, Hazardous Substances Mitigation Act.
52 (3) This section does not limit any defense that may be available to a contiguous
53 landowner under any other provision of law, and does not impose liability on a contiguous
54 landowner that is not otherwise imposed by 42 U.S.C. § 9607(a), Comprehensive
55 Environmental Response, Compensation, and Liability Act of 1980.
56 (4) The executive director may issue a written assurance that no enforcement action
57 under this chapter or any other relevant chapter will be initiated against a contiguous
58 landowner, and an assurance that the state will not bring a cost recovery action or contribution

59 claim against a contiguous landowner under 42 U.S.C. § 9613(f), Comprehensive
60 Environmental Response, Compensation, and Liability Act of 1980.
61 (5) Subject to Subsection (2), this section does not limit the authority of the
62 Department of Environmental Quality to require any person responsible for the contamination
63 to perform a response action.
64 (6) If the state incurs unrecovered response costs concerning real property for which a
65 bona fide prospective purchaser of the real property is not liable under this section, the
66 executive director may place a lien on the real property in accordance with 42 U.S.C. §§
67 9607(r)(2), (3), and (4), Comprehensive Environmental Response, Compensation, and Liability
68 Act of 1980, substituting "executive director" for "Administrator" and "state" for "United
69 States."
70 (7) This section does not diminish or alter the authority of the state or the
71 responsibilities of persons under any program or authority delegated to the state by the United
72 States Environmental Protection Agency.
73 (8) The provisions of this section apply only to real property that is acquired on or after
74 May 3, 2004.




Legislative Review Note
as of 1-28-04 9:03 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel