Delaware House Bill 95 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 12-0)
Status: Passed on June 30 2013 - 100% progression
Action: 2013-06-30 - Signed by Governor
Text: Latest bill text (Engrossed) [HTML]

This Act provides the Department of Natural Resources and Environmental Control with the authority to impose environmental liens on real property in an effort to recover taxpayers’ money expended by the State in order to investigate and clean up contaminated properties in circumstances where the property owners who caused the contamination have failed to do so. This bill originates from a recommendation made by the 2003 Metachem Task Force, chaired by the Honorable William T. Quillen. As the Task Force Report noted, currently at least thirty-four states (including all of our neighboring states) and the federal government have statutory authority to impose environmental liens. Besides bringing Delaware law in line with the vast majority of our sister states and the United States, this Act provides an important means of protecting the public treasury while holding responsible property owners accountable for the environmental harm they cause. Section 1 of the Act provides DNREC with authority to impose an environmental lien when a violation of the Delaware Hazardous Substance Cleanup Act (HSCA) has resulted in the expenditure of State funds to protect human health and the environment. Specifically, if DNREC must perform a remedy at a property using public funds, it can impose an environmental lien in order to attempt to recover the State’s costs provided it gives prior notice to the property owner who has failed to perform or pay for the required remedial activities. An environmental lien when filed will have priority over subsequently filed liens. Such a lien will be discharged upon full satisfaction by the property owner of the liability for the remediation costs incurred by the State. A property owner who seeks to challenge the filing of an environmental lien can contest the imposition of the lien before the Environmental Appeals Board subject to the applicable statutory procedures contained in 7 Del. C. 6008. Additionally, if DNREC determines that the imposition of an environmental lien will be insufficient to enable it to recover its costs of performing a remedy in a particular case, it can petition the Delaware Court of Chancery to seek the imposition of an additional lien or liens on any other Delaware real property owned by the same person or persons as the property where the remediation activities occurred. Section 2 of the Act extends the same provisions applicable to a violation of HSCA to a violation of the Delaware Underground Storage Tank Act (7 Del. C. Chapter 74). As is the case with the other provisions of the Underground Storage Tank Act, certain agricultural, residential and non-commercial underground storage tanks are exempted from the provisions of this Act. Section 3 of the Act extends the same provisions applicable to a violation of HSCA and the Delaware Underground Storage Tank Act to the Jeffrey Davis Aboveground Storage Tank Act (7 Del. C. Chapter 74A). As is the case with the other provisions of the Aboveground Storage Tank Act, certain agricultural, residential and non-commercial aboveground storage tanks are exempted from the provisions of this Act. Section 4 of the Act provides that its provisions are severable.

An Act To Amend Title 7 Of The Delaware Code Relating To Conservation And Environmental Liens.

Rep. Debra Heffernan [D]	Rep. Helene Keeley [D]	Rep. Bryon Short [D]	Sen. Harris McDowell [D]
Rep. Paul Baumbach [D]	Rep. Quinton Johnson [D]	Rep. John Kowalko [D]	Rep. Michael Mulrooney [D]
Rep. Edward Osienski [D]	Rep. D.E. Williams [D]	Sen. David McBride [D]	Sen. Karen Peterson [D]

2013-06-27 - Senate - Senate Third Reading (Y: 19 N: 1 NV: 0 Abs: 1) [PASS]
2013-06-19 - House - House Third Reading (Y: 41 N: 0 NV: 0 Abs: 0) [PASS]

Date	Chamber	Action
2013-06-30	House	Signed by Governor
2013-06-27	Senate	Passed by Senate. Votes: Passed 19 YES 1 NO 0 NOT VOTING 1 ABSENT 0 VACANT
2013-06-25	Senate	Reported Out of Committee (NATURAL RESOURCES & ENVIRONMENTAL CONTROL) in Senate with 4 On Its Merits
2013-06-19	Senate	Assigned to Natural Resources & Environmental Control Committee in Senate
2013-06-19	House	Passed by House of Representatives. Votes: Passed 41 YES 0 NO 0 NOT VOTING 0 ABSENT 0 VACANT
2013-06-19	House	Amendment HA 2 - Passed in House by Voice Vote
2013-06-19	House	Amendment HA 1 - Stricken
2013-06-18	House	Amendment HA 2 - Introduced and Placed With Bill
2013-05-07	House	Amendment HA 1 - Introduced in House
2013-05-01	House	Reported Out of Committee (NATURAL RESOURCES) in House with 9 On Its Merits
2013-04-25	House	Introduced in House and assigned to Natural Resources Committee
2013-04-25	House	Assigned to Natural Resources Committee in House

Type	Source
Summary	http://legis.delaware.gov/LIS/lis147.nsf/2bede841c6272c888025698400433a04/26a37305009edfba85257b3400709232?OpenDocument
Text	http://legis.delaware.gov/LIS/lis147.nsf/vwLegislation/HB+95/$file/legis.html?open
Text	http://legis.delaware.gov/LIS/lis147.nsf/EngrossmentsforLookup/HB+95/$file/Engross.html?open
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/d4739947c9992a3685257b8f006a3088?OpenDocument
Roll Call	http://legis.delaware.gov/LIS/lis147.nsf/7712cf7cc0e9227a852568470077336f/c2e6c507821c549a85257b970076e755?OpenDocument