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House adopts amendment to State Superfund bill to require notice to possible responsible parties; HB 215 passes unanimously
Summary
House Bill 215 was amended on the floor to require notice to potentially responsible parties before entering voluntary cleanup agreements; the amendment was adopted and the bill passed the House unanimously, 63–0.
The House passed House Bill 215 (State Superfund amendments) after adopting a floor amendment designed to ensure potentially responsible parties are notified before the Division of Environmental Health enters voluntary cleanup agreements.
Representative Ellertson introduced the amendment (on a pink/peach sheet) explaining its purpose: to ‘‘make sure that the director of the Division of Environmental Health does not or cannot enter into a voluntary agreement for a cleanup without having notified any possibly or possible responsible parties and give them an opportunity to respond before he enters into the agreement.’’ Members debated the amendment briefly, waived summation, and the amendment was adopted by voice vote.
Ellertson then walked members through the bill’s provisions, noting it broadens the definition of abatement action to allow Superfund monies to be used to control sources that pose a direct and immediate threat to public health, permits the use of Superfund money to investigate hazardous spills when there is a belief of direct threat, and authorizes recovery of investigation costs if an investigation confirms a public health threat. The House voted; HB 215 passed with 63 affirmative votes, 0 negative votes, and will be forwarded to the Senate for further consideration.
The floor record shows the amendment was tied to procedural safeguards for notice and the bill’s language clarifies investigative and abatement authority for the Division of Environmental Health.
