House of Representatives

HB 2432

Environmental releases; impact analysis

Sponsors: Rep. Landrum, Huffman, Avelar, et al

DPA S/E	Committee on Environment
x	Caucus and COW
	As Passed the House

The Environment Committee adopted the proposed strike everything amendment:

HB 2432 would allow a county board of supervisors discretionary authority to reduce the lien for delinquent taxes, interest and penalties in an amount not to exceed the actual costs of remediation for contaminated property. Only those expenses that are reasonable and necessary may be considered.

Provisions

· Delinquent taxes, interest, costs and penalties may be reduced in an amount not to exceed the actual expenses to mitigate conditions at the property for:

· Removal actions as defined in CERCLA.

· Preparation and implementation of a remedial investigation and feasibility study under the WQARF program

· The preparation and implementation of remedial action plans under the WQARF program.

· The preparation and implementation of a corrective action plan under the UST program.

· The preparation and implementation of a work plan approved under the DEQ voluntary remediation program.

· For property acquired after December 31, 2001, the expenses must have been incurred within five years after acquiring title to the property. For property acquired on or before December 31, 2001, the expenses must be incurred before December 31, 2006.

· A person seeking a reduction of taxes, interest, costs and penalties must submit an affidavit stating:

· The expenses were reasonable and necessary.

· They are not a responsible party or relative of a responsible party under WQARF.

· The county treasurer shall apply the reduction pro rata among the jurisdictions imposing the taxes on property and shall note the reduction in the delinquent tax record.

· The personal liability of a property owner for acts or omissions that caused or contributed to the contamination is not affected by this section.

· The effective date for the legislation is from and after December 31, 2001.

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44th Legislature

Second Regular Session 2 March 7, 2001

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