CAUCUS & FLOOR ACTION

REVISED

 

ARIZONA STATE SENATE

RESEARCH STAFF

JOCELYN WINZ

LEGISLATIVE INTERN

KERRI MOREY

LEGISLATIVE RESEARCH ANALYST

NRAE COMMITTEE

Telephone: (602) 542-3171

Facsimile: (602) 542-7833

 

 

 

TO:                  MEMBERS OF THE SENATE

                                               

DATE:             April 18, 2002

 

SUBJECT:       Strike Everything Amendment to H.B. 2595 – clandestine drug labs; cleanup

(NOW: drug labs; real property; remediation)

                                                                                                                                                           

           

Purpose

 

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.


Background

 

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.

 

The strike everything amendment to H.B. 2595 establishes notification guidelines and stipulates that property owners must remediate the residually contaminated portion of the property by retaining a drug laboratory site remediation firm registered with the Arizona Board of Technical Registration (Board).  Additionally, the amendment establishes the Joint Legislative Oversight Committee on Residual Contamination of Drug Properties and an environmental remediation rules and standards committee within the Board of Technical Registration.

 

            There is no anticipated fiscal impact to the state general fund relating to provisions of this amendment.

 

Provisions

Law Enforcement

 

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.

 

Sales and Leasing of Contaminated Property

 

5.      Requires sellers and landlords to notify prospective buyers, customers and tenants that methamphetamine, ecstasy or LSD was manufactured on the property, unless a drug laboratory site remediation firm 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.

Cleanup

 

8.      Requires the owner to remediate the residually contaminated portion of the property by retaining a drug laboratory site remediation firm.

 

9.      Requires a drug laboratory site remediation firm to remediate property in compliance with the requirements established by the state Board of Technical Registration (Board).

 

 

 

10.  Requires the drug laboratory site remediation firm to notify the local fire department, the local law enforcement agency, the county health department and the owner of the property when the remediation is completed.  Requires the County Health Department to maintain and make available on request these documents.

 

11.  Allows for the occupancy and sale of the property after the drug laboratory site remediation firm 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 member of the Board of Technical Registration appointed by the Governor.

d) One industrial hygienist appointed by the Governor.

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.  Provides for a general effective date for the enactment of this committee.

 

14.  Requires the Attorney General to submit to the Committee standards for the remediation of residual contamination from the manufacture of methamphetamines, ecstasy or LSD.

 

15.  Requires the Committee to review the standards and forward these standards to the Board.  Requires the Board to adopt these standards by rule no later than July 31, 2003.

 

16.  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 on or before December 15 of each year and file a copy with the Secretary of State and the Director of the Arizona State Library, Archives and Public Records.

 

 

 

 

Board of Technical Registration

 

17.  Requires the Board to issue a certificate and renewal card to each drug laboratory site remediation firm, remediation supervisor and on-site worker.

 

18.  Clarifies that the Board may initiate a hearing upon receipt of a complaint that a person not registered or certified by the Board is practicing any Board regulated professions or occupations and allows the Board to take disciplinary action against any drug laboratory site remediation firm, remediation supervisor or on-site worker.

 

19.  Establishes an environmental remediation rules and standards committee and authorizes the committee to participate in the investigation and review of drug laboratory remediation complaints. 

 

20.  Provides for a general effective date for the enactment of this committee.

 

21.  Stipulates that the committee is responsible for drafting and recommending to the Board criteria for the remediation of residual contamination of property from the manufacture of methamphetamine, ecstasy or LSD.

 

22.  Requires the Board to establish an annual registration renewal fees for drug laboratory remediation firms, remediation supervisors and an on-site workers. Exempts the establishment of renewal fees from the rule making process.

 

Registration of Drug Laboratory Site Remediation Firms

 

23.  States that a business entity may only offer drug laboratory site remediation services if registered with the Board.

 

24.  Requires the business entity to file a registration application.

 

25.  Establishes the content of the application, including proof that the business entity is licensed by the registrar of contractors, the name of the remediation supervisor that is authorized and responsible for the services being offered and an application fee to be set by the Board.

 

Certification of Remediation Supervisors

 

26.  Requires remediation supervisors to be at least 18 years of age and trained according to state and federal Occupational Safety and Health Administration (OSHA) regulations in addition to annual renewal training required for the handling of and exposure to contaminated materials, chemicals or equipment. 

 

27.  Requires remediation supervisor applicants to file an application, which must included proof that the applicant has successfully completed the required training, with the Board. 

 

Registration of On-Site Workers

 

28.  Requires on-site worker applicants to be at least 18 years of age and trained according to state and federal OSHA regulations in addition to annual renewal training required for the handling of and exposure to contaminated materials, chemicals or equipment. 

 

29.  Requires an applicant for registration as an on-site worker to file an application, which must included proof that the applicant has successfully completed the required training, with the Board.  

 

Miscellaneous

 

30.  Exempts the Board from the rule making requirements for the purpose of registering drug laboratory site remediation firms and adopting criteria for the remediation of residual contamination.

 

31.  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.

 

32.  Classifies a violation of an order or notice of removal as a class 6 felony.

 

33.  Classifies the disturbance of a notice of removal posted on the property as a class 2 misdemeanor.

 

34.  Establishes a civil penalty of $1,000 if an owner fails to provide notice.

 

35.  Provides definitions for: gross negligence, clandestine drug laboratory, LSD, methamphetamine, ecstasy, gross contamination, real property, residually contaminated portion of the real property, on-site worker, remediation supervisor and drug laboratory site remediation firm.

 

36.  Makes technical, clarifying and conforming changes.

 

37.  Becomes effective on June 30, 2003, except as otherwise noted.

 

Amendments Adopted by Committee

 

·        Adopted the strike everything amendment.

 

House Action                                                               Senate Action

 

HEA                3/21/02    DPA/SE       8-0-0-2            NRAE              4/8/02       DPA/SE      7-0-1-0

3rd Read           4/9/02                        51-3-6-0            JUD                 4/16/02     DP              7-0-1-0

 

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