Indiana Senate Bill 127 (Prior Session Legislation)

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Spectrum: Bipartisan Bill
Status: Engrossed on February 2 2010 - 50% progression, died in committee
Action: 2010-02-08 - First reading: referred to Committee on Environmental Affairs
Pending: House Environmental Affairs Committee
Text: Latest bill text (Amended) [HTML]

With respect to an action against a person who owned or operated an underground storage tank (UST) at the time a release occurred for recovery of costs paid to the state for corrective action or for contribution for costs directly incurred for corrective action: (1) permits recovery or contribution only to the extent the costs are reasonable; (2) specifies that the action is not limited to claims brought under UST statutes; (3) indicates which types of costs incurred for corrective action are subject to contribution; (4) allows a court to award attorney's fees and court costs and past, present, and future corrective action costs; (5) prohibits an award for contribution toward corrective action costs and attorney's fees and court costs incurred after a responsible party agrees to remediate the release in accordance with rules and guidelines of the department of environmental management (IDEM); (6) provides that if the person who agrees in writing to remediate the release does not remediate the release in substantial compliance with rules and IDEM's guidelines, the person who provided the notice may recover reasonable attorney's fees to enforce the agreement; (7) requires a person to notify each reasonably known person allegedly responsible for the UST release before incurring significant corrective action costs and attorney's fees or initiating an action; (8) specifies that notice may be by certified mail, registered mail, United States mail, or personal service; and (9) limits the recovery of corrective action costs and attorney's fees if a responsible party agrees to remediate the release.

Underground storage tank corrective action.

Sen. Richard Bray [R]	Sen. Ed Charbonneau [R]	Sen. Beverly Gard [R]	Sen. Lonnie Randolph [D]
Sen. Karen Tallian [D]

Date	Chamber	Action
2010-02-08		First reading: referred to Committee on Environmental Affairs
2010-02-02		Cosponsor: Rep. Wolkins
2010-02-02		House sponsor: Rep. Pearson
2010-02-02		Referred to the House
2010-02-02		Third reading: passed; Roll Call 101: Yeas 50 and Nays 0
2010-02-01		Second reading: ordered engrossed
2010-01-21		Committee report: amend do pass, adopted
2010-01-11		Senator Charbonneau added as coauthor
2010-01-11		Senator Tallian added as third author
2010-01-11		Senator Bray added as second author
2010-01-11		Senator Randolph added as coauthor
2010-01-05		First reading: referred to Committee on Energy and Environmental Affairs
2010-01-05		Authored by Senator Gard

Type	Source
Summary	http://www.in.gov/apps/lsa/session/billwatch/billinfo?year=2010&session=1&request=getBill&doctype=SB&docno=0127
Text	http://www.in.gov/legislative/bills/2010/IN/IN0127.1.html
Text	http://www.in.gov/legislative/bills/2010/SB/SB0127.1.html