HB 529-FN – AS INTRODUCED
2011 SESSION
05/01
HOUSE BILL 529-FN
AN ACT relative to real property on which methamphetamine has been produced.
SPONSORS: Rep. Nevins, Rock 15; Rep. Butynski, Ches 4
This bill directs the department of environmental services to notify the property owner if methamphetamine was produced on the property. If the property is not an owner-occupied, single family residence, the owner is required to notify the occupants and perform certain testing and remediation efforts. If the property is an owner-occupied, single family residence, testing and remediation are optional, but notice to any future occupants is required.
The bill is a request of the department of environmental services.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0631
05/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to real property on which methamphetamine has been produced.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Notice and Testing Requirements for Real Property on Which Methamphetamine Has Been Produced. RSA 477:4-g is repealed and reenacted to read as follows:
477:4-g Notification and Testing Prior to Sale, Transfer, Lease, or Rental of Real Property on Which Methamphetamine has Been Produced.
I. In this section:
(a) “Department” means the department of environmental services.
(b) “Methamphetamine production” means any activity prohibited by RSA 318-D.
(c) “Owner” means the owner of record of any structure in which methamphetamine production has occurred, as recorded in the property tax records of the municipality in which the structure is located.
(d) “Qualified professional” means an individual who has completed, as a minimum, the 40-hour Hazardous Waste Operations and Emergency Response training pursuant to 29 CFR 1910.120, is familiar with the testing requirements and remediation methods established by the department, and has been trained in testing for the presence of surficial methamphetamine and in remediating properties that have been contaminated by methamphetamine production.
(e) “Remediation” means the cleanup, treatment, removal, or destruction of hazardous substances or methamphetamine, or both, or any surface contaminated with hazardous substances or methamphetamine, or both, at or in a structure in which methamphetamine production has occurred.
(f) “Structure” means an enclosed area in which methamphetamine production occurred. If the area in which methamphetamine production occurred is part of a larger building, the term shall mean only those area or areas within the larger building which reasonably could be contaminated as a result of the activity.
II. Upon being notified by a federal, state, or local law enforcement official that methamphetamine production has occurred in a structure, the department shall notify the owner in writing and direct the owner to comply with the requirements of paragraph III or IV, as applicable.
III. If the property is not an owner-occupied single-family private residence, the following provisions shall apply:
(a) Within 10 days of notice under paragraph I, the owner shall notify the department as to whether the owner will comply with subparagraph (c)(1) or (c)(2) and, if the owner elects (c)(2), provide a copy of the required notice.
(b) Within 30 days of notice under paragraph I, the owner shall provide to the department the name and qualifications of the qualified professional engaged by the owner to prepare and implement a testing plan that complies with requirements for such plans established by the department pursuant to paragraph VI.
(c) Until such time that testing shows that the methamphetamine level is below the remediation cleanup standard established by the department, the owner shall either:
(1) Refrain from allowing any use of the structure, provided that if the structure is part of a larger building, the owner physically isolates the structure from the remainder of the building; or
(2) Notify all potential occupants or users of the structure of the contamination or potential contamination in accordance with paragraph V.
(d) Within 30 days of the owner’s notice to the department under subparagraph (b), the qualified professional shall submit a testing plan for the property.
(e) Within 10 days of the department’s approval of the testing plan, the qualified professional shall implement the plan as approved.
(f) Within 20 days of completing the testing, the qualified professional shall submit to the department:
(1) A signed certification that the testing plan was implemented as approved; and
(2) The results of the tests.
(g) If the test results show the methamphetamine level is below the remediation cleanup standard established by the department, no further action shall be required and the owner shall retain a copy of the test results to provide to local, state, or federal law enforcement, public health, or environmental agencies upon request.
(h) If the test results show the methamphetamine level is above the remediation cleanup standard established by the department, then within 20 days of receipt of the test results the owner shall provide to the department the name and qualifications of the qualified professional engaged by the owner to prepare and implement a remediation plan that complies with requirements for such plans established by the department pursuant to paragraph VI.
(i) Within 30 days of the owner’s notice to the department under subparagraph (h), the qualified professional shall submit a remediation plan for the property.
(j) Within 10 days of the department’s approval of the remediation plan, the qualified professional shall begin implementation of the plan as approved.
(k) Within 30 days of completing the remediation, the qualified professional shall submit to the department:
(1) A signed certification that the remediation plan was implemented as approved; and
(2) The results of the final tests showing that the level of methamphetamine is below the remediation cleanup standard established by the department.
(l) The department shall review the report submitted by the qualified professional to determine whether the requirements of this section and rules adopted pursuant to this section have been met, and shall notify the owner and qualified professional in writing of the results of its review.
IV.(a) If the property is an owner-occupied single-family residence, the owner shall either:
(1) Notify all potential occupants or transferees of the potential contamination in accordance with paragraph V; or
(2) Proceed as specified in paragraph III.
V.(a) The notification required by paragraph III(a) or IV shall contain, at a minimum, the following text:
NOTICE
This structure may be contaminated with methamphetamine or with other hazardous substances used in the production of methamphetamine.
(b) The owner may provide additional information relating to the adverse health impacts of such contamination and to the status of remediation efforts.
(c) For any notice to be delivered to an actual or potential occupant or other user of the structure, the text shall be typed or printed in a clear dark font no smaller than 12 point Arial©. For any notice to be posted, the text shall be typed or printed in a clear dark font no smaller than one-half inch in height.
VI. The department shall adopt rules under RSA 541-A to establish the requirements for testing plans and remediation plans for property on which methamphetamine production has occurred.
VII.(a) If any person fails or refuses to comply with the requirements of this section or the rules adopted pursuant to this section, the department may:
(1) Issue an order to such person to comply with such requirements and take such remedial measures as may be necessary; or
(2) Request the attorney general to bring a civil action in superior court for appropriate relief, including a temporary or permanent injunction or both, to enforce any provision of this section or any rule or order issued pursuant to this section.
(b) Any order issued by the department pursuant to this section shall be recorded in the registry of deeds for the country in which the property is situated. A recorded order shall run with the land, provided that an appropriate description of the land involved including the accurate name of the owner thereof shall be included in the order. No fee shall be charged for recording an order; however, a fee may be charged for discharging an order.
VIII.(a) The department shall maintain a list of all properties that are not owner-occupied single-family residences for which notice has been received from a federal, state, or local law enforcement official in accordance with paragraph I, which identifies:
(1) The street address and municipality of the property;
(2) The date the department received notice from a law enforcement official;
(3) The date the department provided notice to the owner; and
(4) The status of the process specified in paragraph III.
(b) The list maintained pursuant to subparagraph (a) shall be a governmental record that is subject to disclosure under RSA 91-A.
(c) The department shall maintain a separate list of all owner-occupied single-family residences for which notice has been received from a federal, state, or local law enforcement official in accordance with paragraph I, which identifies:
(1) The street address and municipality of the property;
(2) The date the department received notice from a law enforcement official;
(3) The date the department provided notice to the owner; and
(4) Whether or not the department has received a report from a qualified professional that the level of methamphetamine is below the remediation cleanup standard established by the department.
(d) All information on the list maintained pursuant to subparagraph (c) shall be exempt from disclosure under RSA 91-A, except as follows:
(1) The department shall provide the information upon request to an official of any local, state, or federal law enforcement, public health, or environmental agency, provided the official confirms that the information shall not be subject to further disclosure.
(2) Upon receipt of a request for information about a specific owner-occupied single-family residence which is accompanied by proof that the residence is being advertised or otherwise offered for sale, the department shall disclose whether or not it has received a report for that residence from a qualified professional that the level of methamphetamine is below the remediation cleanup standard established by the department.
2 Effective Date. This act shall take effect upon its passage.
LBAO
11-0631
Revised 01/27/11
HB 529 FISCAL NOTE
AN ACT relative to real property on which methamphetamine has been produced.
FISCAL IMPACT:
The Department of Environmental Services states this bill may increase local expenditures by an indeterminable amount in FY 2012 and each year thereafter. There will be no fiscal impact on state and local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Environmental Services states this bill will require the Department to provide notice to property owners where methamphetamine had been produced and direct the owner to perform appropriate testing and remediation. The Department assumes this bill will not be implemented until FY 2012. Based on information obtained from the US Department of Justice, it is assumed there will be 16 methamphetamine labs discovered each year and only 25% of the properties will be owner occupied. The Department assumes it will need to redirect existing staff resources to complete this function, affecting the availability of staff to address other duties assigned to the Department. The Department assumes it will need to dedicate a total of 16 hours of an executive secretary’s (labor grade 11) time and 48 hours of an environmentalist IV (labor grade 27) to process notifications from law enforcement of methamphetamine production, obtain property owner information and notify property owner and request testing. The Department assumes it will need to dedicate a total of 60 hours of an executive secretary’s (labor grade 11) time and 170 hours of an environmentalist IV (labor grade 27) to process information from the property owners regarding notification of renters and name an qualifications of professional to perform testing; review and approve testing plan; review and approve remediation plan; maintain a separate list of owner and non-owner occupied properties; and release information to real estate agents on status of previously noticed properties. The Department states there may be a limited but indeterminable impact on local expenditures to the extent local law enforcement makes notifications to the Department regarding methamphetamine labs.