House of Representatives

HB 2595

clandestine drug labs; cleanup

(now: drug labs; real property; remediation)

Sponsors: Representatives Somers, Foster,

Senators Cummiskey, Richardson, et al

DPA/SE	Committee on Health
DPA	Caucus and COW
DP	Third Read
X	As Passed the House

HB 2595 establishes procedures for notification, remediation and enforcement for cleaning up clandestine drug labs.

History

According to the President’s Office of National Drug Control Policy, clandestine drug labs are typically found in houses, apartments, motel rooms, rental storage spaces and motor vehicles. The dangers associated with the production of crystal methamphetamine (meth), ecstasy, and LSD include flammability, toxicity, reactivity, oxidation potential and corrosion. The production undertaken at these clandestine drug labs leaves behind a residual contamination after the initial cleanup performed by law enforcement. The Koch Crime Institute maintains contamination can linger in the ventilation system, plumbing and surfaces such as walls, carpeting and ceilings. The Institute found that exposure to low levels of contamination might be harmful due to the toxic nature of the contaminants.

The Drug Enforcement Agency reports that 369 crystal meth labs were found in Arizona in 2001. Arizona is currently ranked one of the top five states in crystal meth production. The estimated cost to cleanup a meth lab according to the National Congressional Caucus to Fight and Control Methamphetamine may range from $3,100 to $150,000 depending on the size of the structure and the degree of contamination.

In response the rising incidence of meth labs, the Attorney General’s Office created the Meth & Kids Initiative, which is comprised of the Drug Enforcement & Violent Crimes section and the Protective Services section. The initiative has been working in conjunction with the officers associated with High Intensity Drug Traffic Area on the cleanup of clandestine drug labs.

The strike-everything amendment to HB 2595 establishes clean-up protocols and enforcement, notification for future occupants of properties and creates an oversight committee to address contamination issues relating clandestine drug labs.

Provisions

Discovery of Clandestine Drug Lab

· Specifies a Law Enforcement Officer will deliver a copy of notice of removal to clean the contaminated area to the owner, on-site manager or on-site drop box. In case of a tenant-owned unit in a space rental mobile home or recreational vehicle park, notice is given to the occupant and park landlord.

Within Two Days of Discovery

· Requires a notice of removal to be mailed to the originally notified parties at the time of discovery.

Five Days after Mailing Notice

· Stipulates a copy of the notice of removal be mailed to the County Health Department, Local Fire Department and the owner’s address on file with the County Assessor.

Notice of Removal

· Includes notification that only the owner, landlord or manager may enter the residually contaminated area.

· Includes notice that a drug lab was seized that contained chemicals and equipment used in producing ecstasy, crystal meth or LSD.

· Includes date of seizure, the name of the law enforcement agency involved and contact information for the respective agency.

· Includes warning that disturbing the notice is considered a Class 2 misdemeanor.

· Includes warning that violating the notice is considered a Class 6 felony.

· Includes notice that the owner of the contaminated property is required to remediate the property and that failure to comply makes the owner subject to civil liability.

Rules Governing Unremediated Property Notification and Transactions

Purchase of Real Property

· Requires seller to notify buyer, in writing, within five days after signing contract to purchase the real property that a clandestine drug lab was operated on the property. Buyer may void the contract within five days of receiving notice.

Rental

· Requires landlord to notify the prospective tenant in writing that the rental was used in conjunction with the operation of a clandestine drug lab. The notice will be attached to the rental agreement. Noncompliance of this notification standard allows the tenant to void the contract.

Occupier of Room

· Requires the owner or manager to notify the customer before they occupy the room that the room was utilized as a clandestine drug lab. Failure to notify allows the customer to void the contract.

Mobile Home or Recreational Vehicle

· Requires owner to notify buyer or prospective tenant before they take possession that the mobile home or recreational vehicle was occupied by the operation of a clandestine drug lab. The buyer has five days from receiving the notice to void the contract. A prospective tenant must be notified before signing an agreement Noncompliance with the section allows the buyer or tenant to void the contract or agreement

· Requires a landlord in a space rental park, upon receipt of notice of removal, to notify lienholder and owner of record to remove the mobile home or recreational vehicle within five days. If removal does not occur the landlord may remove or demolish the unit.

Remediation

· Requires owners of contaminated property to remediate the contamination.

· Establishes “Best Practices” for the clean up of clandestine drug labs which will be set forth to the Board of Technical Registration and other entities at the conclusion of the Attorney General’s 2002 study of the methamphetamine cleanup levels and work practices, which is currently being conducted by the University of Arizona College of Public Health.

· Requires the remediation to be undertaken by a contractor registered with the Board of Technical Registration. The contractor must pay a fee and sign an affidavit they will adhere to the “Best Practices” for the clean up of clandestine drug labs.

Upon Completion of Remediation

· Instructs registered contractor to remove posted notices of removal.

· Requires the registered contractor within twenty-four hours of remediation completion to deliver or mail a certified copy of the certificate of remediation to the owner, county health dept., local fire dept., local law enforcement and the law enforcement agency responsible for seizure.

· Instructs the registered contractor to retain all documentation relating to a remediation for seven years, which will be open to audit by any public health agency or local government.

Oversight Committee

· Establishes Joint Legislative Oversight Committee on Residual Contamination of Drug Properties.

· Specifies the committee will consist of following members:

- Three members appointed by the Speaker of the House.

- Three members appointed by the President of the Senate.

- One industrial hygienist appointed by the Speaker of the House.

- One industrial hygienist appointed by the President of the Senate.

- One person who represents the residential estate industry appointed by the Governor.

- Two public health officials appointed by the Governor.

- Two peace officers appointed by the Arizona Peace Officers Standards and Training Board.

- Two public prosecutors appointed by the Arizona Prosecuting Attorney’s Advisory Council.

- Two members of the public appointed by the Governor.

- The Attorney General or the Attorney General’s designee.

· Requires the committee to review the standards of remediation, which will be submitted by the Attorney General. The committee shall recommend standards of remediation to the full Legislature on or before December 31, 2002.

· Makes the act effective from and after December 31, 2002.

Definitions

· Defines Clandestine Drug Laboratory, Gross Contamination, LSD, Methamphetamine, Real Property, Registered Contractor and Residually Contaminated Portion of the Real Property.

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45th Legislature

Second Regular Session 3 April 10, 2002

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