SENATE BILL REPORT

ESHB 2906

BYHouse Committee on Housing (originally sponsored by Representatives Leonard, Winsley, Nutley, Phillips, Prentice, Cole, Locke, Wineberry, Anderson, Todd, Vekich and Rector)

Providing for the clean-up or elimination of contaminated properties.

House Committe on Housing

Senate Committee on Health & Long-Term Care

Senate Hearing Date(s):February 21, 1990

Majority Report:  Do pass as amended and be referred to Committee on Ways & Means.

      Signed by Senators West, Chairman; Smith, Vice Chairman; Amondson, Johnson, Kreidler, Niemi, Wojahn.

Senate Staff:Scott Plack (786-7409)

                  February 21, 1990

Senate Committee on Ways & Means

Senate Hearing Date(s):February 26, 1990

Majority Report:  Do pass as amended.

      Signed by Senators McDonald, Chairman; Craswell, Vice Chairman; Amondson, Bailey, Bauer, Bluechel, Cantu, Gaspard, Hayner, Johnson, Lee, Newhouse, Niemi, Saling, Smith, Wojahn.

Senate Staff:Randy Hodgins (786-7715)

                  February 28, 1990

AS REPORTED BY COMMITTEE ON WAYS & MEANS, FEBRUARY 26, 1990

BACKGROUND:

The Legislature adopted the Omnibus Alcohol and Controlled Substances Act in 1989 to help address many of the problems related to drug and alcohol abuse.  Although the bill required the state Department of Ecology to help identify, clean up, store, and dispose of suspected hazardous substances, no procedures were established to rid property of the toxic residues which are left by chemicals such as those used to manufacture illegal drugs.  Properties which are contaminated with these toxic residues can be rented or sold to unsuspecting tenants or purchasers which could subject them to serious health risks.

It is suggested that warning notices should be placed on property that has been contaminated by these dangerous chemicals to alert people to potential health risks.  In addition, it is suggested that the property should be deemed unfit for use until it has been decontaminated by trained workers.

SUMMARY:

Law enforcement, and other government agencies, must notify the local health officer of the probability of property being contaminated.  Local health officers must report all contaminated properties to the Department of Health.  This listing of contaminated properties may be made available to realtors, landlords, prosecutors, and other groups.

A property owner who believes that a former tenant contaminated the property must request the local health officer to conduct an inspection.  The health officer may charge a reasonable fee for inspections.  Inspections must be conducted within 14 days.

A property that is found to be contaminated after an inspection by a local health officer must be declared unfit for use.  A local health officer may enter and inspect any properties at reasonable times for which there are reasonable grounds to believe are contaminated.

If a property is found to be contaminated, it must be immediately posted by the local health officer.  The local health officer must also notify all persons with an interest in the property as shown by the records of the county auditor.  The notice must be served personally or sent by certified mail with return receipt requested.

The city or county in which the property is located may act to condemn or demolish the property, or may require the property to be vacated or the contents removed.  The appeals procedures established for unfit dwellings and buildings apply to contaminated properties.

After January 1, 1991, before contaminated property may be used or occupied, it must be decontaminated by a contractor certified by the Department of Health.  The owner of the property must pay for this service. Before January 1, 1991, a property owner who wants his or her property decontaminated must contact the Department of Health for a list of environmental service contractors who perform decontamination work.  The property owner may choose any contractor on the list.

The Department of Health must establish a certification program for persons who perform decontamination work.  The department must establish fees to pay for the costs of administering the certification program.  The department may provide reciprocity for training programs in other states.

State and local health officers and boards are immune from any civil liability for performing their duties.

Whenever possible, a destruct order must be obtained concurrently with a search warrant.  Materials that have been photographed, fingerprinted, and subsampled by the police must be destroyed as soon as practical.  Hazardous substances used or intended to be used in the manufacture of contaminated substances are subject to seizure and forfeiture without a hearing.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE HEALTH & LONG-TERM CARE AMENDMENTS:

Clarification is made to limit the bill to cover only hazardous chemicals used in the manufacture of illegal drugs substances.  A definition of hazardous chemicals is created.  Certified contractors must receive training in the demolition and disposal of contaminated property in addition to decontamination.  The certification program will certify contractors and not individuals doing decontamination work.  The department is directed to collect fees for the certification program which cover the costs to the state.

SUMMARY OF PROPOSED SENATE WAYS & MEANS AMENDMENT:

The bill is made contingent upon funding in the state budget.

Senate Committee - Testified: HEALTH & LONG-TERM CARE:  Carl Sagerser, Department of Health (pro); Greg Sorlie, Department of Ecology (pro); Rick Slunaker, Yakima Valley Rental Association (pro); Arnold Fox, Washington Apartment Association (pro); Tony Keeling, WA Association of Fire Chiefs (pro)

Senate Committee - Testified: WAYS & MEANS:  Al Allen, Director of Health, Tacoma-Pierce County Health Department; Lou Dooley, Environmental Health Director, Tacoma-Pierce County Public Health Department; Tom Milne, Executive Director, SW Washington Health District