ARIZONA STATE SENATE
Phoenix, Arizona
clandestine drug labs;
cleanup
(NOW: drug labs; real property; remediation)
Establishes notification and cleanup requirements when an
arrest or discovery of a clandestine drug laboratory is made. Establishes the Joint Legislative Oversight
Committee on Residual Contamination of Drug Properties.
Methamphetamine is a manufactured drug that affects the central nervous system. It can be made in makeshift laboratories set up in residential properties such as apartments or hotel rooms. Many different chemicals can be used in making methamphetamine, and many more are formed in the process, all contributing to the contamination of a property. Current statute does not specifically address responsibility for the clean up of methamphetamine labs. Local law enforcement agencies often discover these labs and may or may not be equipped to adequately remediate the site.
H.B. 2595
establishes notification guidelines and stipulates that property owners must
remediate the residually contaminated portion of the property by retaining a
certified remediation specialist.
Additionally H.B. 2595 establishes the Joint Legislative Oversight
Committee on Residual Contamination of Drug Properties.
Because the
certification of remediation specialists involves the Board of Technical
Registration and the Arizona Department of Environment Quality, the fiscal
impact to the state general fund relating to the provisions of this bill is
unknown.
1. Requires peace officers, upon the discovery of a clandestine drug laboratory or the arrest of a person having chemicals or equipment used in manufacturing methamphetamine, ecstasy or LSD on any real property, to deliver a notice of removal to the property owner or manager if they are on site.
2. Requires the peace officer to send, within two days of the discovery or arrest, the notice of removal by certified mail to the property owner, on-site manager, county health department and local fire department.
3. Requires the peace officer to remove all persons from the residually contaminated portion of the property and post a notice of removal on the property after the gross contamination is removed.
4. Establishes the content of the notice of removal, including:
a)
A
statement that a clandestine drug laboratory was seized or a person was
arrested on the property for having chemicals or equipment used in the
manufacturing of methamphetamines, ecstasy or LSD.
b)
A
statement that it is unlawful for any unauthorized person to enter the
residually contaminated portion of the property until it has been remediated.
c)
The
penalties for violating the notice of removal.
d)
A
statement that the owners of the property must remediate the residually
contaminated portion of the property in accordance with statute.
e)
A
statement that, if an owner fails to provide notice to buyers, customers or
tenants, the owner is subject to civil penalty and the buyer, tenant or
customer may void the purchase contract, rental agreement or other agreement.
5. Requires sellers and landlords to notify prospective buyers, customers and tenants that methamphetamine, ecstasy or LSD was manufactured on the property, unless a registered contractor certifies that the property is remediated.
6. Allows a buyer to cancel a real estate purchase contract within five days of receiving the notice or void the contract if the seller fails to notify the buyer. Allows a customer or prospective tenant to void an occupancy agreement if the owner or landlord fails to notify the tenant that that methamphetamine, ecstasy or LSD was manufactured on the property.
7. Declares that an owner who fails to provide notice is subject to a civil penalty of $1000 and liable for any resulting harm.
8. Requires the owner to remediate the residually contaminated portion of the property by retaining a registered contractor.
9. Requires a registered contractor to remediate property in compliance with best practice standards adopted by the oversight committee.
10. Requires the registered contractor to notify the local fire department, the local law enforcement agency, the county health department and the owner and on-site manager of the property when the remediation is completed.
11. Allows occupancy of the property after the registered contractor certifies that the property is remediated.
Joint
Legislative Oversight Committee on Residual Contamination of Drug Properties
12. Establishes the Joint Legislative Oversight Committee on Residual Contamination of Drug Properties consisting of the following:
a) Three members of the House of Representatives.
b) Three members of the Senate.
c) One industrial hygienist appointed by the Speaker of the House of Representatives.
d) One industrial hygienist appointed by the President of the Senate.
e) One county public health official from a county with a population of less than 400,000 appointed by the Governor.
f) One county public health official from a county with a population greater than 400,000 appointed by the Governor.
g) Two peace officers appointed by the Arizona Peace Officers Standards and Training Board.
h) One prosecutor from a county with a population of less than 400,000 appointed by the Arizona Prosecuting Attorneys Advisory Council.
i) One prosecutor from a county with a population greater than 400,000 appointed by the Arizona Prosecuting Attorneys Advisory Council.
j) Two members of the public appointed by the Governor.
k) The Attorney General or the Attorney General's designee.
13. Requires the Attorney General to submit to the Committee best practice standards for the remediation of residual contamination from the manufacture of methamphetamines, ecstasy or LSD.
14. Requires the Committee to review the standards. Allows the Committee to adopt and recommend the standards to the full Legislature on or before December 31, 2003.
15. Requires the Committee to study and make recommendations regarding the effectiveness of the program and submit a report of its findings to the President of the Senate and the Speaker of the House of Representatives and file a copy with the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.
16. Clarifies that the state or local government, its employees or authorized representatives, except in cases of gross negligence or intentional misconduct, are not responsible parties or liable.
17. Classifies a violation of an order or notice of removal as a class 6 felony.
18. Classifies the disturbance of a notice of removal posted on the property as a class 2 misdemeanor.
19. Establishes a civil penalty of $1,000 if an owner fails to provide notice.
20. Provides definitions for: gross negligence, clandestine drug laboratory, LSD, methamphetamine, gross contamination, real property, registered contractor and residually contaminated portion of the real property.
21. Makes technical, clarifying and conforming changes.
22. Becomes effective on January 1, 2003.
House Action
NRAE 3/21/02 DPA/SE 8-0-0-0
3rd Read 4/9/02 51-3-6-0
Prepared by Senate Staff
April 12, 2002