BILL REQ. #:  S-1985.4 

READ FIRST TIME 03/05/03.   

     AN ACT Relating to selling or leasing contaminated property; amending RCW 64.44.010, 64.44.030, and 64.44.050; adding a new section to chapter 46.12 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1   RCW 64.44.010 and 1999 c 292 s 2 are each amended to read as follows:
     The words and phrases defined in this section shall have the following meanings when used in this chapter unless the context clearly indicates otherwise.
     (1) "Authorized contractor" means a person who decontaminates, demolishes, or disposes of contaminated property as required by this chapter who is certified by the department as provided for in RCW 64.44.060.
     (2) "Contaminated" or "contamination" means polluted by hazardous chemicals so that the property is unfit for human habitation or use due to immediate or long-term hazards. Property that at one time was contaminated but has been satisfactorily decontaminated according to procedures established by the state board of health is not "contaminated."
     (3) "Hazardous chemicals" means the following substances used in the manufacture of illegal drugs: (a) Hazardous substances as defined in RCW 70.105D.020, and (b) precursor substances as defined in RCW 69.43.010 which the state board of health, in consultation with the state board of pharmacy, has determined present an immediate or long-term health hazard to humans.
     (4) "Officer" means a local health officer authorized under chapters 70.05, 70.08, and 70.46 RCW.
     (5) "Property" means any property, site, structure, or part of a structure which is involved in the unauthorized manufacture or storage of hazardous chemicals. This includes but is not limited to single-family residences, units of multiplexes, condominiums, apartment buildings, storage units, vessels, boats, motor vehicles including recreational vehicles and motor homes, trailers, manufactured housing, or any shop, booth, or garden.

Sec. 2   RCW 64.44.030 and 1999 c 292 s 4 are each amended to read as follows:
     (1) If after the inspection of the property, the local health officer finds that it is contaminated, then the property shall be found unfit for use. The local health officer shall cause to be served an order prohibiting use either personally or by certified mail, with return receipt requested, upon all occupants and persons having any interest therein as shown upon the records of the auditor's office of the county in which such property is located. The local health officer shall also post the order prohibiting use in a conspicuous place on the property. If the whereabouts of such persons is unknown and the same cannot be ascertained by the local health officer in the exercise of reasonable diligence, and the health officer makes an affidavit to that effect, then the serving of the order upon such persons may be made either by personal service or by mailing a copy of the order by certified mail, postage prepaid, return receipt requested, to each person at the address appearing on the last equalized tax assessment roll of the county where the property is located or at the address known to the county assessor, and the order shall be posted conspicuously at the residence. A copy of the order shall also be mailed, addressed to each person or party having a recorded right, title, estate, lien, or interest in the property. The order shall contain a notice that a hearing before the local health board or officer shall be held upon the request of a person required to be notified of the order under this section. The request for a hearing must be made within ten days of serving the order. The hearing shall then be held within not less than twenty days nor more than thirty days after the serving of the order. The officer shall prohibit use as long as the property is found to be contaminated. ((A))
     (2) If the property found by the local health official to be unfit for use is:
     (a) Real property, a copy of the order shall also be filed by the local health official with the auditor of the county in which the property is located, and such filing of the complaint or order shall have the same force and effect as other lis pendens notices provided by law;
     (b) A vehicle that is titled under chapter 46.12 RCW, a copy of the order shall be submitted by the local health official to the department of licensing. The local health official shall identify the vehicle by (i) year, make, and model; (ii) license plate number; and (iii) vehicle identification number, if the information is discernable or known. A report containing the information required by this section may be submitted electronically in lieu of a copy of the order, if the department has the capability to receive, verify the authenticity of, and process the report in electronic form; or
     (c) A mobile home or manufactured home as defined in RCW 46.04.302, a copy of the order shall be submitted by the local health official to the department of licensing.
     (3) In any hearing concerning whether property is fit for use, the property owner has the burden of showing that the property is decontaminated or fit for use. The owner or any person having an interest in the property may file an appeal on any order issued by the local health board or officer within thirty days from the date of service of the order with the appeals commission established pursuant to RCW 35.80.030. All proceedings before the appeals commission, including any subsequent appeals to superior court, shall be governed by the procedures established in chapter 35.80 RCW.

Sec. 3   RCW 64.44.050 and 1999 c 292 s 6 are each amended to read as follows:
     (1) An owner of contaminated property who desires to have the property decontaminated shall use the services of an authorized contractor unless otherwise authorized by the local health officer. The contractor shall prepare and submit a written work plan for decontamination to the local health officer. The local health officer may charge a reasonable fee for review of the work plan. If the work plan is approved and the decontamination is completed and the property is retested according to the plan and properly documented, then the health officer shall allow reuse of the property((. A)), and shall issue to the owner a release for reuse document, describing the property being released and indicating the property has been decontaminated in accordance with rules of the state department of health. The local health official may charge a reasonable fee for making certified copies of release for reuse documents.
     (2) If a seller or lessor fails to disclose the fact that a property was at one time found to be unfit for use under RCW 64.44.030, the purchaser or lessee has the right of rescission and may recover under chapter 19.86 RCW.
     (3) The seller or lessor of any decontaminated property that is real property, who received the release for reuse document from the local health official, shall record the release for reuse document ((shall be recorded)) in the real property records ((indicating the property has been decontaminated in accordance with rules of the state department of health)) of the county in which the property is located.
     (4) The seller or lessor of any decontaminated property that is not real property, who received the release for reuse document from the local health official, shall give a copy of the release for reuse document to the purchaser or lessee of the property. If the decontaminated property is a vehicle titled under chapter 46.12 RCW, the seller or lessor may, upon payment of the fees required by the department of licensing, file with the department a certified copy of the release for reuse document but only if the seller or lessor also applies at the same time for a new title as provided under section 4(2) of this act.

NEW SECTION.  Sec. 4   A new section is added to chapter 46.12 RCW to read as follows:
     (1) When a local health official notifies the department that the official has found a vehicle titled under this chapter, or a mobile home as defined in RCW 46.04.302, to be unfit for use under RCW 64.44.030, the department shall make a notation on the record, if one exists, maintained by the department for that vehicle or mobile home. The notation must indicate that the vehicle has been found to be unfit for use due to chemical contamination. Except as provided under subsection (2) of this section, the department shall not transfer the certificate of ownership and shall not renew the certificate of registration for any vehicle about which the department has received a notice from a local health official under this section.
     (2) The department shall issue to a registered owner, legal owner, purchaser, or lessee a unique certificate of ownership and certificate of license registration, as required by chapter 46.16 RCW when the department receives (a) an application for a certificate of ownership; (b) a certified copy of a release for reuse document, as provided under RCW 64.44.050(3); and (c) the original certificate of ownership or an affidavit of lost title from a registered owner, legal owner, purchaser, or lessee. Each certificate of ownership associated with a vehicle issued after receipt of a release for reuse document must conspicuously display across its front the following words: "Decontaminated/Reusable." Each certificate of registration associated with the vehicle must include a notation to the same effect.
     (3) The department may adopt rules as necessary to implement this section.

NEW SECTION.  Sec. 5   This act takes effect January 1, 2004.