Bill Text: NY S00579 | 2019-2020 | General Assembly | Introduced
Bill Title: Relates to properties contaminated by the production, distribution or storage of the narcotic drug methamphetamine.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - REFERRED TO JUDICIARY [S00579 Detail]
Download: New_York-2019-S00579-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 579 2019-2020 Regular Sessions IN SENATE (Prefiled) January 9, 2019 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary AN ACT to amend the real property law, the public health law, the penal law and the executive law, in relation to properties contaminated by the production, distribution or storage of the narcotic drug meth- amphetamine The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The real property law is amended by adding a new article 2 14-A to read as follows: 3 ARTICLE 14-A 4 PROPERTY DISCLOSURE IN THE SALE OF RESIDENTIAL REAL PROPERTY UTILIZED 5 FOR ILLEGAL DRUG LABORATORIES 6 Section 468. Property condition disclosure statement. 7 468-a. Rights. 8 468-b. Remedies. 9 § 468. Property condition disclosure statement. 1. a. Every seller of 10 residential real property pursuant to a real estate purchase contract 11 shall complete and sign a property condition disclosure statement as 12 prescribed by subdivision two of this section and cause it, or a copy 13 thereof, to be delivered to a buyer or buyer's agent prior to the sign- 14 ing by the buyer of a binding contract of sale. A copy of the property 15 condition disclosure statement containing the signatures of both seller 16 and buyer shall be attached to the real estate purchase contract. 17 b. For purposes of this section, "residential real property" includes 18 any: vacant land zoned for residential development; manufactured homes; 19 mobile homes; condominiums; co-ops; town-homes; homes sold by the owner, 20 a financial institution, or the federal department of housing and urban 21 development; rental properties, including apartments; and short-term 22 residences such as motels or hotels. Provided further, that the disclo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD02390-01-9S. 579 2 1 sure requirements contained herein shall apply to any structures or 2 buildings whether temporary or permanent in nature that were, or 3 currently are, on the curtilage of the subject property. 4 2. The following shall be the disclosure form: 5 PROPERTY CONDITION DISCLOSURE STATEMENT 6 NAME OF SELLER OR SELLERS OR LESSOR AND LESSEE: 7 SUBJECT PROPERTY ADDRESS: 8 ARTICLE 14-A OF THE REAL PROPERTY LAW REQUIRES THE SELLER OR LESSOR OF 9 RESIDENTIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY 10 THEREOF TO BE DELIVERED TO A BUYER OR BUYER'S AGENT OR LESSEE OR 11 LESSEE'S AGENT PRIOR TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT 12 OF SALE. 13 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CONDITIONS AND INFORMATION 14 CONCERNING THE PROPERTY KNOWN TO THE SELLER OR LESSOR AND WHETHER SUCH 15 PROPERTY WAS AT ANY TIME USED IN WHOLE OR IN PART AS A METHAMPHETAMINE 16 DRUG LABORATORY. THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND 17 BY THE SELLER OR LESSOR OR BY ANY AGENT REPRESENTING THE SELLER OR 18 LESSOR IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS 19 OR TESTS AND THE BUYER OR LESSEE IS ENCOURAGED TO OBTAIN HIS OR HER OWN 20 INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND ALSO IS 21 ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY. 22 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER OR LESSOR ON 23 THIS FORM MAY SUBJECT THE SELLER OR LESSOR TO CLAIMS BY THE BUYER OR 24 LESSEE PRIOR TO OR AFTER THE TRANSFER OF TITLE PURSUANT TO SECTION 468-B 25 OF THE REAL PROPERTY LAW OR OCCUPANCY BY THE LESSEE. IN THE EVENT A 26 SELLER FAILS TO PERFORM THE DUTY PRESCRIBED IN ARTICLE 14-A OF THE REAL 27 PROPERTY LAW TO DELIVER A DISCLOSURE STATEMENT PRIOR TO THE SIGNING BY 28 THE BUYER OR OF A BINDING CONTRACT OF SALE, THE BUYER SHALL RECEIVE UPON 29 THE TRANSFER OF TITLE A CREDIT OF $500 AGAINST THE AGREED UPON PURCHASE 30 PRICE OF THE RESIDENTIAL REAL PROPERTY. 31 INSTRUCTIONS TO THE SELLER OR LESSOR: 32 (a) ANSWER QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE. 33 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE 34 IS REQUIRED. 35 (c) COMPLETE THIS FORM YOURSELF. 36 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP- 37 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN). 38 SELLER'S/LESSOR'S STATEMENT: THE SELLER/LESSOR MAKES THE FOLLOWING 39 REPRESENTATIONS TO THE BUYER/LESSEE BASED UPON THE SELLER'S/LESSOR'S 40 ACTUAL KNOWLEDGE AT THE TIME OF SIGNING THIS DOCUMENT. THE SELLER/LESSOR 41 AUTHORIZES HIS OR HER AGENT, IF ANY, TO PROVIDE A COPY OF THIS STATEMENT 42 TO A PROSPECTIVE BUYER/LESSEE OF THE RESIDENTIAL REAL PROPERTY. THE 43 FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER/LESSOR AND ARE NOT THE 44 REPRESENTATIONS OF THE SELLER'S/LESSOR'S AGENT. 45 1. HAS THE SUBJECT PROPERTY EVER BEEN USED AS A METHAMPHETAMINE LABO- 46 RATORY?S. 579 3 1 2. IF YOU HAVE ANSWERED YES TO NUMBER ONE DID THE SELLER PERFORM OR 2 CAUSE TO BE PERFORMED ANY INSPECTIONS OR ENVIRONMENTAL REMEDIATION 3 AFTER SUCH USE? 4 3. IF YOU HAVE ANSWERED YES TO NUMBER TWO DO YOU HAVE ANY REPORTS, 5 DOCUMENTATION OR FINDINGS TO SUPPORT ANY REMEDIATION ACTIONS THAT 6 MAY HAVE BEEN TAKEN BY OR ESTIMATE THE COSTS ASSOCIATED WITH SUCH 7 REMEDIATION? 8 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP- 9 ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS) 10 THE SELLER/LESSOR SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM 11 ABOVE. IF NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE 12 NUMBER OF ADDITIONAL PAGES ATTACHED. 13 ________________________________________________________________________ 14 ________________________________________________________________________ 15 ________________________________________________________________________ 16 ________________________________________________________________________ 17 SELLER'S/LESSOR'S CERTIFICATION: SELLER/LESSOR CERTIFIES THAT THE INFOR- 18 MATION IN THIS PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND 19 COMPLETE TO THE SELLER'S/LESSOR'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED 20 BY THE SELLER/LESSOR. IF A SELLER/LESSOR OF RESIDENTIAL REAL PROPERTY 21 ACQUIRES KNOWLEDGE WHICH RENDERS MATERIALLY INACCURATE A PROPERTY CONDI- 22 TION DISCLOSURE STATEMENT PROVIDED PREVIOUSLY, THE SELLER/LESSOR SHALL 23 DELIVER A REVISED PROPERTY CONDITION DISCLOSURE STATEMENT TO THE 24 BUYER/LESSEE AS SOON AS PRACTICABLE. IN NO EVENT, HOWEVER, SHALL A SELL- 25 ER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDITION DISCLOSURE STATE- 26 MENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO THE BUYER OR OCCU- 27 PANCY BY THE BUYER, WHICHEVER IS EARLIER. 28 SELLER/LESSOR _________________________________________ DATE 29 SELLER/LESSOR _________________________________________ DATE 30 BUYER'S/LESSEE'S ACKNOWLEDGMENT: BUYER/LESSEE ACKNOWLEDGES RECEIPT OF A 31 COPY OF THIS STATEMENT AND BUYER/LESSEE UNDERSTANDS THAT THIS INFORMA- 32 TION IS A STATEMENT OF CERTAIN CONDITIONS AND INFORMATION CONCERNING THE 33 PROPERTY KNOWN TO THE SELLER/LESSOR. IT IS NOT A WARRANTY OF ANY KIND BY 34 THE SELLER/LESSOR OR SELLER'S/LESSOR'S AGENT AND IS NOT A SUBSTITUTE FOR 35 OTHER INSPECTIONS OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC 36 RECORDS. 37 BUYER/LESSEE __________________________________________ DATE 38 BUYER/LESSEE __________________________________________ DATE 39 § 468-a. Rights. 1. A buyer of residential real property has the right 40 to test the property for the purpose of determining whether the property 41 has ever been used as a methamphetamine illegal drug laboratory as 42 defined in section 220.00 of the penal law. 43 2. Tests conducted pursuant to this section shall be performed by a 44 certified industrial hygienist or industrial hygienist, as those terms 45 are defined in section thirteen hundred seventy-eight of the public 46 health law. If the buyer's test results indicate that the property has 47 been used as a methamphetamine illegal drug laboratory but has not been 48 remediated to meet the standards established by the department of health 49 as promulgated, the buyer shall promptly give written notice to theS. 579 4 1 seller of the results of the test, and the buyer may terminate the 2 contract. 3 3. The seller shall have thirty days after receipt of the notice to 4 conduct a second independent test at their own expense. If the seller's 5 test results indicate that the property has been used as an illegal drug 6 laboratory but has not been remediated to meet the standards established 7 by the department of health as promulgated then the second independent 8 hygienist shall so notify the seller. 9 4. If the seller receives the notice referred to in subdivision two or 10 three of this section and does not elect to have the property retested 11 pursuant to subdivision three of this section, then an illegal drug 12 laboratory used to manufacture methamphetamine shall be deemed to have 13 been discovered and the owner shall be deemed to have received notice. 14 Nothing in this section shall prohibit a buyer from purchasing the prop- 15 erty and assuming liability pursuant to section thirteen hundred seven- 16 ty-eight-b of the public health law, provided that on the date of clos- 17 ing, the buyer shall provide written notice to the department of public 18 health and the department of environmental conservation of the purchase 19 and assumption of liability. 20 § 468-b. Remedies. 1. The following provisions shall apply provided 21 that the buyer has not elected to purchase the property and assume 22 liability pursuant to subdivision four of section four hundred sixty- 23 eight-a of this article. The seller shall disclose in writing to the 24 buyer whether the seller knows that the property was previously used as 25 a methamphetamine illegal drug laboratory pursuant to subdivision two of 26 section four hundred sixty-eight of this article. In instances where 27 contamination is discovered during the executory period of the contract 28 the seller shall have an ongoing duty to disclose such information to 29 the buyer in writing. 30 2. A seller who fails to make a disclosure required by this section 31 at or before the time of sale and who knew or knows of methamphetamine 32 contamination on the property is liable to the buyer for: 33 a. Costs relating to remediation of the property according to the 34 standards established by rules of the department of health promulgated 35 pursuant to section thirteen hundred seventy-eight-a of the public 36 health law; 37 b. Costs relating to health-related injuries occurring after the sale 38 to residents of the property caused by methamphetamine production on the 39 property; and 40 c. Reasonable attorney fees for collection of costs from the seller. 41 3. A buyer shall commence an action under this section within three 42 years after the date on which the buyer closed the purchase of the prop- 43 erty where the methamphetamine production occurred or within two and 44 one-half years of the discovery of a health-related injury. 45 4. If the seller became aware that the property was once used for the 46 production of methamphetamine and the property was remediated in accord- 47 ance with the standards established pursuant to section thirteen hundred 48 seventy-eight-a of the public health law, and evidence of such remedi- 49 ation was received by the applicable governing body in compliance with 50 the documentation requirements established pursuant to section thirteen 51 hundred seventy-eight-a of the public health law, then the seller shall 52 not be required to disclose that the property was used as a methampheta- 53 mine laboratory to a buyer and the property shall be removed from any 54 government-sponsored informational service listing of properties that 55 have been used for the production of methamphetamine.S. 579 5 1 § 2. Article 13 of the public health law is amended by adding a new 2 title 10-A to read as follows: 3 TITLE 10-A 4 CONTROL OF METHAMPHETAMINE CONTAMINATED PROPERTIES 5 Section 1378. Definitions. 6 1378-a. Methamphetamine illegal drug laboratories rules. 7 1378-b. Discovery of illegal drug laboratories, property owner, 8 clean-up and liability. 9 § 1378. Definitions. As used in this article, unless the context 10 otherwise requires: 11 1. "Governing body" means the agency or office designated by the city 12 council or board of county commissioners where the property in question 13 is located. If there is no such designation, the governing body shall be 14 the county, district, or municipal public health agency, building 15 department, and law enforcement agency with jurisdiction over the prop- 16 erty in question. 17 2. "Illegal drug laboratory" means the areas where controlled 18 substances, as defined by section 220.00 of the penal law have been 19 manufactured, processed, cooked, disposed of, used, or stored and all 20 proximate areas that are likely to be contaminated as a result of such 21 manufacturing, processing, cooking, disposal, use, or storing. When used 22 in this chapter the term "methamphetamine illegal drug laboratory" shall 23 have the same definition as provided herein. 24 3. "Property" means anything that may be the subject of ownership, 25 including, but not limited to, land, buildings, structures, and vehi- 26 cles. 27 4. "Property owner", for the purposes of real property, means the 28 person holding record fee title to real property. "Property owner" also 29 means the person holding the title to a manufactured home. 30 5. "Certified industrial hygienist" means an individual that is certi- 31 fied by the American board of industrial hygiene or its successor. 32 6. "Industrial hygienist" means an individual who has obtained a 33 baccalaureate or graduate degree in industrial hygiene, biology, chemis- 34 try, engineering, physics, or a closely related physical or biological 35 science from an accredited college or university. The special studies 36 and training of such individual shall be sufficient in the cognate 37 sciences to provide the ability and competency to: 38 a. anticipate and recognize the environmental factors and stresses 39 associated with work and work operations and to understand their effects 40 on individuals and their well-being; 41 b. evaluate on the basis of training and experience and with the aid 42 of quantitative measurement techniques the magnitude of such environ- 43 mental factors and stresses in terms of their ability to impair human 44 health and well-being; 45 c. prescribe methods to prevent, eliminate, control, or reduce such 46 factors and stresses and their effects; 47 d. any individual who has practiced within the scope of the meaning of 48 industrial hygiene for a period of not less than five years immediately 49 prior to July first, nineteen hundred ninety-seven, is exempt from the 50 degree requirements set forth in this section. 51 e. any individual who has a two-year associate of applied science 52 degree in environmental science from an accredited college or university 53 and in addition not less than four years practice immediately prior to 54 July first, nineteen ninety-seven, within the scope of the meaning of 55 industrial hygiene is exempt from the degree requirements set forth in 56 this section.S. 579 6 1 § 1378-a. Methamphetamine illegal drug laboratories rules. The commis- 2 sioner, in conjunction with the commissioner of the department of envi- 3 ronmental conservation, shall jointly promulgate regulations addressing 4 property contamination issues for properties previously used for the 5 production or storage of methamphetamine. Such regulations shall 6 include, but not be limited to: establishing procedures for testing and 7 evaluation of contaminated properties, establishing and maintaining 8 acceptable standards for the cleanup and remediation of contaminated 9 properties, establishing and maintaining documentation of contaminated 10 properties including a state-sponsored informational service listing of 11 properties that are deemed contaminated, and ensuring that all such 12 regulations ensure the health and safety of the people of the state of 13 New York. 14 § 1378-b. Discovery of illegal drug laboratories, property owner, 15 clean-up and liability. 16 1. An owner of any personal property within a structure or vehicle 17 contaminated by illegal drug laboratory activity and whose owner chooses 18 to remediate shall have ten days after the date of discovery of the 19 laboratory or contamination to remove or clean his or her personal prop- 20 erty according to department rules. If the personal property owner fails 21 to remove the personal property within ten days, the owner of the struc- 22 ture or vehicle may dispose of the personal property during the clean-up 23 process without liability to the owner of the personal property for such 24 disposition. 25 2. Once a property owner has provided the necessary documentation and 26 testing results as established by the department the provisions of 27 subdivision three of this section shall control. 28 3. Upon completion of any provision outlined in subdivision two of 29 this section immunity shall be established for the property owner from a 30 suit for alleged health-based civil actions brought by any future owner, 31 renter, or other person who occupies such property, or a neighbor of 32 such property, in which the alleged cause of the injury or loss is the 33 existence of the illegal drug laboratory used to manufacture methamphe- 34 tamine; except that immunity from a civil suit is not established for 35 the person convicted for the production of methamphetamine. 36 4. A person who removes personal property or debris from a drug labo- 37 ratory shall secure the property and debris to prevent theft or exposing 38 another person to any toxic or hazardous chemicals until the property 39 and debris is appropriately disposed of or cleaned according to depart- 40 ment rules. 41 5. Governing bodies may enact ordinances or resolutions to further 42 enforce this article, including, but not limited to, preventing unau- 43 thorized entry into contaminated property; requiring contaminated prop- 44 erty to meet clean-up standards before it is occupied; notifying the 45 public of contaminated property; coordinating services and sharing 46 information between law enforcement, building, public health, and social 47 services agencies and officials; and charging reasonable inspection and 48 testing fees provided, however local ordinances shall not conflict with 49 any rules established by the department. Should a conflict arise 50 between a state regulation and any local law, ordinance or resolution 51 the state rule shall be deemed to preempt any local law, ordinance or 52 resolution. 53 § 3. Subdivision 16 of section 220.00 of the penal law is amended by 54 adding a new paragraph (f) to read as follows: 55 (f) "Illegal drug laboratory" means the areas where controlled 56 substances, as defined in this section, have been manufactured, proc-S. 579 7 1 essed, cooked, disposed of, used, or stored and all proximate areas that 2 are likely to be contaminated as a result of such manufacturing, proc- 3 essing, cooking, disposal, use, or storing. 4 § 4. Subdivision 2 of section 221-d of the executive law, as added by 5 chapter 394 of the laws of 2005, is amended to read as follows: 6 2. Whenever the division of state police receives a report of an 7 unlawful methamphetamine laboratory, or discovers or recognizes the 8 presence of an unlawful methamphetamine laboratory, such division, as 9 soon as reasonably practicable shall notify, or cause to be notified, 10 the department of environmental conservation and the department of 11 health of such information. 12 § 5. This act shall take effect on the three hundred sixty-fifth day 13 after it shall have become a law, provided however, that the commission- 14 er of health and the commissioner of environmental conservation shall 15 have the authority to jointly issue any rules or regulations necessary 16 for the implementation of this act prior to or after it becomes a law.
