HOUSE BILL REPORT

ESHB 2906

As Amended by the Senate

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

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (9)

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

House Staff:Bill Lynch (786-7092)

AS PASSED HOUSE FEBRUARY 9, 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 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.

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 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.

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.

EFFECT OF SENATE AMENDMENTS:  A local health officer may charge a reasonable fee for reviewing a work plan for the decontamination of property.  The term "dangerous chemicals" is changed to "hazardous chemicals" and defined to include precursor substances and hazardous substances as defined under the hazardous waste cleanup law.  The bill is null and void unless specific funding is provided in the supplemental budget.  If funding is provided in the supplemental budget, then the bill takes effect on the effective date of the supplemental budget.

Fiscal Note:      Requested January 19, 1990.

House Committee ‑ Testified For:    Carol Fleskes, Department of Ecology; Vicki Skeers and Eric Slagle, Department of Health; and Jack Morris, Lewis County Health District testified for the original bill.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    Chemicals used to manufacture drugs are very toxic.  Their residues can cause birth defects and illnesses in children in particular.  Contaminated properties must be decontaminated by someone who is properly trained.  Illegal drug labs are a growing problem in the state.

House Committee - Testimony Against:      None.

VOTE ON FINAL PASSAGE:

      Yeas 93; Excused 5

Excused:    Representatives Ballard, Basich, Chandler, Gallagher, Sommers D.