HOUSE BILL REPORT

HB 1377

BYRepresentatives Leonard, Winsley, Anderson, Brough, Rector, Nutley, Locke, May, Wineberry and Valle

Requiring improvements to contaminated residences.

House Committe on Housing

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (8)

      Signed by Representatives Nutley, Chair; Leonard, Vice Chair; Winsley, Ranking Republican Member; Anderson, Inslee, Padden, Rector and Todd.

House Staff:Charlie Gavigan (786-7340)

AS REPORTED BY COMMITTEE ON HOUSING FEBRUARY 24, 1989

BACKGROUND:

The increasing occurrence of drug labs in residences has resulted in potentially serious health risks to occupants of these residences. This is true of occupants manufacturing the drugs, as well as subsequent purchasers or renters who may or may not be aware that drug activity had occurred in the residence.

The manufacture, sale, and use of drugs is prohibited in statute, and criminal penalties are provided.  The most significant statutes focus on controlled substances, imitation controlled substances, legend drugs, and precursors used to manufacture illegal drugs.  The use or fortification of a building for drug purposes is also prohibited.

Washington statutes take three general approaches in dealing with public health and safety issues:

(1)  State and local boards of health.  The state board of health is responsible for coordinating public health policies in Washington State. It does this by holding meetings and adopting rules and regulations. The local board of health is responsible for enforcing the state board of health's rules and regulations, adopting and enforcing its own local rules and regulations, and providing for the prevention, control, and abatement of nuisances detrimental to the public health.  The Department of Social and Health Services is authorized to enforce state and local board of health rules and to investigate threats to the public health.

(2)  Nuisances.  Public, moral, and other nuisances are prohibited by statute.  The statutes list several acts that are considered public nuisances.  Property contaminated by drug use is not defined as a nuisance, although property where drug activity occurs can be a nuisance; the focus is on abating the drug activity.

(3)  Unfit dwellings.  A local government may declare dwellings, residences, and other structures unfit for human habitation.  The problem could be due to health related concerns or to the soundness of the structure.

The local government may order the dwelling repaired before allowing occupancy, or the local government may order the dwelling or structure destroyed.  Decisions regarding the fitness of the dwelling or structure, as well as whether to repair or destroy it, must be based on established standards.  Costs become a lien on the real property.

Note that when a law enforcement agency discovers a drug lab, the agency generally removes the drugs or chemicals.  The owner of the building or residence is responsible for cleaning up the results of the chemical use.

SUMMARY:

SUBSTITUTE BILL:  A contaminated residence is one that has been polluted by dangerous chemicals and is therefore unfit for human habitation.

Whenever a state or local agency, including a law enforcement agency, becomes aware of the probability that a residence is contaminated, the agency must report the probability to the local health board or officer.  The health board or officer must immediately post a warning and then inspect the property within two weeks.

If the residence is found to be contaminated, the health board or officer must prohibit occupancy, notify all persons with an interest in the property, and file a notice in the county real property records.  Each person that has an interest in the property may request a hearing on the order prohibiting occupancy and requiring the cleanup of the contaminated residence.  The request for the hearing must be made within 10 days of receiving the notice.

The health board or officer may cause the contaminated residence to be repaired or demolished if the owner does not repair the residence within a specified period.  The costs to the public agency including title search and recording fees, attorney's fees, and two times the cost of decontamination or demolition become a lien on the real property.

When the owner notifies the health board or officer that the owner has decontaminated the property, the health board or officer is required to reinspect the residence. If the residence is no longer contaminated, the health board or officer must issue a certificate and file such a notice in the real property records.

The health officials are given immunity for carrying out their duties, provided they are not grossly negligent.

Fifty thousand dollars is appropriated to the Department of Social and Health Services to provide training and technical assistance to local health officials.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  Provisions in the original bill prohibiting the sale of a contaminated residence are removed. Clarification is made regarding the duties of the state and local health jurisdictions. Clarification is also made regarding rights to appeal. The substitute bill allows the local government to recover costs for title search and recording fees, attorney's fees, and two times the cost of decontamination or demolition.  The costs become a lien on real property whose priority is determined by when it is filed, not equal to and collected the same as property taxes as the original bill provided.

"Decontaminated" is used rather than "required" when referring to cleaning up the contaminated residence.

Health officials are given immunity for carrying out their duties under this act, provided they are not grossly negligent.

Appropriation:    $50,000 is appropriated to the Department of Social and Health Services to provide training and technical assistance to local health officials.

Fiscal Note:      Available.

House Committee ‑ Testified For:    Vicki Skeers, Illegal Methamphetamine Drug Lab Steering Committee; Beverly Lingle, State Board of Health.

House Committee - Testified Against:      None Presented.

House Committee - Testimony For:    The concept of this bill is good. This is a serious health problem, and includes issues regarding local legal jurisdiction and local training needs. Providing statewide legal authority and requiring law enforcement agencies to notify health officials when they raid drug labs will help address the problem. The superfund does not address this problem.

However, the bill has problems that need to be corrected.  Provisions regarding allowing local health jurisdictions to recover costs and providing immunity for health officials should be added.

House Committee - Testimony Against:      None Presented.