senate Bill S4217

Relates to properties contaminated by the production, distribution or storage of the narcotic drug methamphetamine

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 14 / Mar / 2013
    • REFERRED TO JUDICIARY
  • 08 / Jan / 2014
    • REFERRED TO JUDICIARY

Summary

Relates to properties contaminated by the production, distribution or storage of the narcotic drug methamphetamine.

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Bill Details

Versions:
S4217
Legislative Cycle:
2013-2014
Current Committee:
Senate Judiciary
Law Section:
Real Property Law
Laws Affected:
Add Art 14-A §§468 - 468-b, RP L; add Art 13 Title 10-A §§1378 - 1378-b, Pub Health L; amd §220.00, Pen L; amd §221-d, Exec L

Sponsor Memo

BILL NUMBER:S4217

TITLE OF BILL: 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 methamphetamine

PURPOSE OR GENERAL IDEA OF BILL

The property law is amended by adding a new article to require
property disclosure in the sale of residential real property utilized
for illegal drug laboratories.

SUMMARY OF SPECIFIC PROVISIONS:

Section one amends the real property law by adding a new article to
require property disclosure in the sale of residential real property
utilized for illegal drug laboratories. Every seller of residential
real property pursuant to a real estate purchase contract shall
complete and sign a property condition disclosure statement.

A buyer of a residential property has the right to test the property
for the purpose of determining whether the property has ever been used
as a methamphetamine illegal drug laboratory. The test shall be
performed by a certified industrial hygienist or industrial hygienist.
If the results indicate that the property has been used as a
methamphetamine illegal drug laboratory, but has not been remediates,
the buyer may terminate the contract. The seller will then have thirty
days to complete a second independent test, at their own expense.

Nothing in this section shall prohibit a buyer from purchasing the
property and assuming liability, provided that the buyer shall provide
written notice to the department of public health and the department
of environmental conservation of the purchase and assumption of
liability.

JUSTIFICATION:

The production of methamphetamine is spreading across New York state
as a result of the ease and quickness of the one-pot method. Through
the one-pot method, all the ingredients, which can be purchased easily
and legally at drug stores and hardware stores, are mixed together in
one bottle to produce several grams of methamphetamine. The rise of
methamphetamine production is causing problems for landlords and
buyers of homes previously used as illegal methamphetamine labs. Meth
'cooks' leave behind hazardous chemical residues in homes or
apartments where they carry out the production process.

Families across New York State are purchasing their "dream homes"
without knowing that the home was previously used as an illegal
methamphetamine laboratory, and is contaminated with hazardous
chemicals left behind. Exposure to methamphetamine carcinogen
chemicals can cause cancer, MRSA, and other health complications.
Current law does not require the seller to disclose this information,
or for remediate the property once a meth lab is discovered.

PRIOR LEGISLATIVE HISTORY:


New bill.

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the three hundred sixty-fifth day after
it shall have become a law, provided however, that the commissioner of
health and the commissioner of environmental conservation shall have
the authority to jointly issue any rules or regulations necessary for
the implementation of this act prior to or after it becomes a law.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4217

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             March 14, 2013
                               ___________

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:

  Section 1. The real property law is amended by adding  a  new  article
14-A to read as follows:
                              ARTICLE 14-A
  PROPERTY DISCLOSURE IN THE SALE OF RESIDENTIAL REAL PROPERTY UTILIZED
                      FOR ILLEGAL DRUG LABORATORIES
SECTION 468.   PROPERTY CONDITION DISCLOSURE STATEMENT.
        468-A. RIGHTS.
        468-B. REMEDIES.
  S  468. PROPERTY CONDITION DISCLOSURE STATEMENT. 1. A. EVERY SELLER OF
RESIDENTIAL REAL PROPERTY PURSUANT TO A REAL  ESTATE  PURCHASE  CONTRACT
SHALL  COMPLETE  AND  SIGN  A PROPERTY CONDITION DISCLOSURE STATEMENT AS
PRESCRIBED BY SUBDIVISION TWO OF THIS SECTION AND CAUSE IT,  OR  A  COPY
THEREOF,  TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGN-
ING BY THE BUYER OF A BINDING CONTRACT OF SALE. A COPY OF  THE  PROPERTY
CONDITION  DISCLOSURE STATEMENT CONTAINING THE SIGNATURES OF BOTH SELLER
AND BUYER SHALL BE ATTACHED TO THE REAL ESTATE PURCHASE CONTRACT.
  B. FOR PURPOSES OF THIS SECTION, "RESIDENTIAL REAL PROPERTY"  INCLUDES
ANY:  VACANT LAND ZONED FOR RESIDENTIAL DEVELOPMENT; MANUFACTURED HOMES;
MOBILE HOMES; CONDOMINIUMS; CO-OPS; TOWN-HOMES; HOMES SOLD BY THE OWNER,
A FINANCIAL INSTITUTION, OR THE FEDERAL DEPARTMENT OF HOUSING AND  URBAN
DEVELOPMENT;  RENTAL  PROPERTIES,  INCLUDING  APARTMENTS; AND SHORT-TERM
RESIDENCES SUCH AS MOTELS OR HOTELS. PROVIDED FURTHER, THAT THE  DISCLO-
SURE  REQUIREMENTS  CONTAINED  HEREIN  SHALL  APPLY TO ANY STRUCTURES OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07799-03-3

S. 4217                             2

BUILDINGS WHETHER  TEMPORARY  OR  PERMANENT  IN  NATURE  THAT  WERE,  OR
CURRENTLY ARE, ON THE CURTILAGE OF THE SUBJECT PROPERTY.
  2. THE FOLLOWING SHALL BE THE DISCLOSURE FORM:

                 PROPERTY CONDITION DISCLOSURE STATEMENT

NAME OF SELLER OR SELLERS OR LESSOR AND LESSEE:

SUBJECT PROPERTY ADDRESS:

ARTICLE  14-A  OF THE REAL PROPERTY LAW REQUIRES THE SELLER OR LESSOR OF
RESIDENTIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR  A  COPY
THEREOF  TO  BE  DELIVERED  TO  A  BUYER  OR  BUYER'S AGENT OR LESSEE OR
LESSEE'S AGENT PRIOR TO THE SIGNING BY THE BUYER OF A  BINDING  CONTRACT
OF SALE.

PURPOSE  OF STATEMENT: THIS IS A STATEMENT OF CONDITIONS AND INFORMATION
CONCERNING THE PROPERTY KNOWN TO THE SELLER OR LESSOR AND  WHETHER  SUCH
PROPERTY  WAS  AT ANY TIME USED IN WHOLE OR IN PART AS A METHAMPHETAMINE
DRUG LABORATORY. THIS DISCLOSURE STATEMENT IS NOT A WARRANTY OF ANY KIND
BY THE SELLER OR LESSOR OR BY  ANY  AGENT  REPRESENTING  THE  SELLER  OR
LESSOR  IN  THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR ANY INSPECTIONS
OR TESTS AND THE BUYER OR LESSEE IS ENCOURAGED TO OBTAIN HIS OR HER  OWN
INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND ALSO IS
ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.

A  KNOWINGLY  FALSE  OR  INCOMPLETE STATEMENT BY THE SELLER OR LESSOR ON
THIS FORM MAY SUBJECT THE SELLER OR LESSOR TO CLAIMS  BY  THE  BUYER  OR
LESSEE PRIOR TO OR AFTER THE TRANSFER OF TITLE PURSUANT TO SECTION 468-B
OF  THE  REAL  PROPERTY  LAW OR OCCUPANCY BY THE LESSEE.  IN THE EVENT A
SELLER FAILS TO PERFORM THE DUTY PRESCRIBED IN ARTICLE 14-A OF THE  REAL
PROPERTY  LAW  TO DELIVER A DISCLOSURE STATEMENT PRIOR TO THE SIGNING BY
THE BUYER OR OF A BINDING CONTRACT OF SALE, THE BUYER SHALL RECEIVE UPON
THE TRANSFER OF TITLE A CREDIT OF $500 AGAINST THE AGREED UPON  PURCHASE
PRICE OF THE RESIDENTIAL REAL PROPERTY.

INSTRUCTIONS TO THE SELLER OR LESSOR:
    (A) ANSWER QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
    (B) ATTACH  ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE
        IS REQUIRED.
    (C) COMPLETE THIS FORM YOURSELF.
    (D) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
        PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).

SELLER'S/LESSOR'S  STATEMENT:  THE  SELLER/LESSOR  MAKES  THE  FOLLOWING
REPRESENTATIONS  TO  THE  BUYER/LESSEE  BASED UPON THE SELLER'S/LESSOR'S
ACTUAL KNOWLEDGE AT THE TIME OF SIGNING THIS DOCUMENT. THE SELLER/LESSOR
AUTHORIZES HIS OR HER AGENT, IF ANY, TO PROVIDE A COPY OF THIS STATEMENT
TO A PROSPECTIVE BUYER/LESSEE OF  THE  RESIDENTIAL  REAL  PROPERTY.  THE
FOLLOWING  ARE REPRESENTATIONS MADE BY THE SELLER/LESSOR AND ARE NOT THE
REPRESENTATIONS OF THE SELLER'S/LESSOR'S AGENT.

  1. HAS THE SUBJECT PROPERTY EVER BEEN USED AS A METHAMPHETAMINE  LABO-
     RATORY?

S. 4217                             3

  2. IF  YOU  HAVE  ANSWERED YES TO NUMBER ONE DID THE SELLER PERFORM OR
     CAUSE TO BE PERFORMED ANY INSPECTIONS OR ENVIRONMENTAL  REMEDIATION
     AFTER SUCH USE?
  3. IF  YOU  HAVE  ANSWERED  YES TO NUMBER TWO DO YOU HAVE ANY REPORTS,
     DOCUMENTATION OR FINDINGS TO SUPPORT ANY REMEDIATION  ACTIONS  THAT
     MAY  HAVE  BEEN TAKEN BY OR ESTIMATE THE COSTS ASSOCIATED WITH SUCH
     REMEDIATION?

  NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
ERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)
  THE SELLER/LESSOR SHOULD USE THIS AREA TO  FURTHER  EXPLAIN  ANY  ITEM
ABOVE.  IF  NECESSARY,  ATTACH  ADDITIONAL  PAGES  AND INDICATE HERE THE
NUMBER OF ADDITIONAL PAGES ATTACHED.
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

SELLER'S/LESSOR'S CERTIFICATION: SELLER/LESSOR CERTIFIES THAT THE INFOR-
MATION IN THIS PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE  AND
COMPLETE TO THE SELLER'S/LESSOR'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED
BY  THE  SELLER/LESSOR.  IF A SELLER/LESSOR OF RESIDENTIAL REAL PROPERTY
ACQUIRES KNOWLEDGE WHICH RENDERS MATERIALLY INACCURATE A PROPERTY CONDI-
TION DISCLOSURE STATEMENT PROVIDED PREVIOUSLY, THE  SELLER/LESSOR  SHALL
DELIVER  A  REVISED  PROPERTY  CONDITION  DISCLOSURE  STATEMENT  TO  THE
BUYER/LESSEE AS SOON AS PRACTICABLE. IN NO EVENT, HOWEVER, SHALL A SELL-
ER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDITION DISCLOSURE STATE-
MENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO THE BUYER  OR  OCCU-
PANCY BY THE BUYER, WHICHEVER IS EARLIER.

  SELLER/LESSOR _________________________________________ DATE
  SELLER/LESSOR _________________________________________ DATE

BUYER'S/LESSEE'S  ACKNOWLEDGMENT: BUYER/LESSEE ACKNOWLEDGES RECEIPT OF A
COPY OF THIS STATEMENT AND BUYER/LESSEE UNDERSTANDS THAT  THIS  INFORMA-
TION IS A STATEMENT OF CERTAIN CONDITIONS AND INFORMATION CONCERNING THE
PROPERTY KNOWN TO THE SELLER/LESSOR. IT IS NOT A WARRANTY OF ANY KIND BY
THE SELLER/LESSOR OR SELLER'S/LESSOR'S AGENT AND IS NOT A SUBSTITUTE FOR
OTHER INSPECTIONS OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC
RECORDS.

  BUYER/LESSEE __________________________________________ DATE
  BUYER/LESSEE __________________________________________ DATE

  S 468-A. RIGHTS. 1. A BUYER OF RESIDENTIAL REAL PROPERTY HAS THE RIGHT
TO TEST THE PROPERTY FOR THE PURPOSE OF DETERMINING WHETHER THE PROPERTY
HAS  EVER  BEEN  USED  AS  A  METHAMPHETAMINE ILLEGAL DRUG LABORATORY AS
DEFINED IN SECTION 220.00 OF THE PENAL LAW.
  2. TESTS CONDUCTED PURSUANT TO THIS SECTION SHALL BE  PERFORMED  BY  A
CERTIFIED  INDUSTRIAL  HYGIENIST OR INDUSTRIAL HYGIENIST, AS THOSE TERMS
ARE DEFINED IN SECTION THIRTEEN  HUNDRED  SEVENTY-EIGHT  OF  THE  PUBLIC
HEALTH  LAW.  IF THE BUYER'S TEST RESULTS INDICATE THAT THE PROPERTY HAS
BEEN USED AS A METHAMPHETAMINE ILLEGAL DRUG LABORATORY BUT HAS NOT  BEEN
REMEDIATED TO MEET THE STANDARDS ESTABLISHED BY THE DEPARTMENT OF HEALTH
AS  PROMULGATED,  THE  BUYER  SHALL  PROMPTLY GIVE WRITTEN NOTICE TO THE

S. 4217                             4

SELLER OF THE RESULTS OF THE TEST,  AND  THE  BUYER  MAY  TERMINATE  THE
CONTRACT.
  3.  THE  SELLER  SHALL HAVE THIRTY DAYS AFTER RECEIPT OF THE NOTICE TO
CONDUCT A SECOND INDEPENDENT TEST AT THEIR OWN EXPENSE. IF THE  SELLER'S
TEST RESULTS INDICATE THAT THE PROPERTY HAS BEEN USED AS AN ILLEGAL DRUG
LABORATORY BUT HAS NOT BEEN REMEDIATED TO MEET THE STANDARDS ESTABLISHED
BY  THE  DEPARTMENT OF HEALTH AS PROMULGATED THEN THE SECOND INDEPENDENT
HYGIENIST SHALL SO NOTIFY THE SELLER.
  4. IF THE SELLER RECEIVES THE NOTICE REFERRED TO IN SUBDIVISION TWO OR
THREE OF THIS SECTION AND DOES NOT ELECT TO HAVE THE  PROPERTY  RETESTED
PURSUANT  TO  SUBDIVISION  THREE  OF  THIS SECTION, THEN AN ILLEGAL DRUG
LABORATORY USED TO MANUFACTURE METHAMPHETAMINE SHALL BE DEEMED  TO  HAVE
BEEN  DISCOVERED  AND THE OWNER SHALL BE DEEMED TO HAVE RECEIVED NOTICE.
NOTHING IN THIS SECTION SHALL PROHIBIT A BUYER FROM PURCHASING THE PROP-
ERTY AND ASSUMING LIABILITY PURSUANT TO SECTION THIRTEEN HUNDRED  SEVEN-
TY-EIGHT-B  OF THE PUBLIC HEALTH LAW, PROVIDED THAT ON THE DATE OF CLOS-
ING, THE BUYER SHALL PROVIDE WRITTEN NOTICE TO THE DEPARTMENT OF  PUBLIC
HEALTH  AND THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OF THE PURCHASE
AND ASSUMPTION OF LIABILITY.
  S 468-B. REMEDIES. 1. THE FOLLOWING PROVISIONS  SHALL  APPLY  PROVIDED
THAT  THE  BUYER  HAS  NOT  ELECTED  TO PURCHASE THE PROPERTY AND ASSUME
LIABILITY  PURSUANT  TO  SUBDIVISION  FOUR  OF  SECTION   FOUR   HUNDRED
SIXTY-EIGHT-A  OF  THIS ARTICLE. THE SELLER SHALL DISCLOSE IN WRITING TO
THE BUYER WHETHER THE SELLER KNOWS THAT THE PROPERTY WAS PREVIOUSLY USED
AS A METHAMPHETAMINE ILLEGAL DRUG LABORATORY PURSUANT TO SUBDIVISION TWO
OF SECTION FOUR HUNDRED SIXTY-EIGHT OF THIS ARTICLE.  IN INSTANCES WHERE
CONTAMINATION IS DISCOVERED DURING THE EXECUTORY PERIOD OF THE  CONTRACT
THE  SELLER  SHALL  HAVE AN ONGOING DUTY TO DISCLOSE SUCH INFORMATION TO
THE BUYER IN WRITING.
  2.  A SELLER WHO FAILS TO MAKE A DISCLOSURE REQUIRED BY  THIS  SECTION
AT  OR  BEFORE THE TIME OF SALE AND WHO KNEW OR KNOWS OF METHAMPHETAMINE
CONTAMINATION ON THE PROPERTY IS LIABLE TO THE BUYER FOR:
  A. COSTS RELATING TO REMEDIATION OF  THE  PROPERTY  ACCORDING  TO  THE
STANDARDS  ESTABLISHED  BY RULES OF THE DEPARTMENT OF HEALTH PROMULGATED
PURSUANT TO SECTION  THIRTEEN  HUNDRED  SEVENTY-EIGHT-A  OF  THE  PUBLIC
HEALTH LAW;
  B.  COSTS RELATING TO HEALTH-RELATED INJURIES OCCURRING AFTER THE SALE
TO RESIDENTS OF THE PROPERTY CAUSED BY METHAMPHETAMINE PRODUCTION ON THE
PROPERTY; AND
  C. REASONABLE ATTORNEY FEES FOR COLLECTION OF COSTS FROM THE SELLER.
  3. A BUYER SHALL COMMENCE AN ACTION UNDER THIS  SECTION  WITHIN  THREE
YEARS AFTER THE DATE ON WHICH THE BUYER CLOSED THE PURCHASE OF THE PROP-
ERTY  WHERE  THE  METHAMPHETAMINE  PRODUCTION OCCURRED OR WITHIN TWO AND
ONE-HALF YEARS OF THE DISCOVERY OF A HEALTH-RELATED INJURY.
  4. IF THE SELLER BECAME AWARE THAT THE PROPERTY WAS ONCE USED FOR  THE
PRODUCTION OF METHAMPHETAMINE AND THE PROPERTY WAS REMEDIATED IN ACCORD-
ANCE WITH THE STANDARDS ESTABLISHED PURSUANT TO SECTION THIRTEEN HUNDRED
SEVENTY-EIGHT-A  OF  THE PUBLIC HEALTH LAW, AND EVIDENCE OF SUCH REMEDI-
ATION WAS RECEIVED BY THE APPLICABLE GOVERNING BODY IN  COMPLIANCE  WITH
THE  DOCUMENTATION REQUIREMENTS ESTABLISHED PURSUANT TO SECTION THIRTEEN
HUNDRED SEVENTY-EIGHT-A OF THE PUBLIC HEALTH LAW, THEN THE SELLER  SHALL
NOT BE REQUIRED TO DISCLOSE THAT THE PROPERTY WAS USED AS A METHAMPHETA-
MINE  LABORATORY  TO  A BUYER AND THE PROPERTY SHALL BE REMOVED FROM ANY
GOVERNMENT-SPONSORED INFORMATIONAL SERVICE LISTING  OF  PROPERTIES  THAT
HAVE BEEN USED FOR THE PRODUCTION OF METHAMPHETAMINE.

S. 4217                             5

  S  2.  Article  13 of the public health law is amended by adding a new
title 10-A to read as follows:
                               TITLE 10-A
           CONTROL OF METHAMPHETAMINE CONTAMINATED PROPERTIES
SECTION 1378.   DEFINITIONS.
        1378-A.  METHAMPHETAMINE ILLEGAL DRUG LABORATORIES RULES.
        1378-B. DISCOVERY  OF ILLEGAL DRUG LABORATORIES, PROPERTY OWNER,
                  CLEAN-UP AND LIABILITY.
  S 1378. DEFINITIONS. AS USED  IN  THIS  ARTICLE,  UNLESS  THE  CONTEXT
OTHERWISE REQUIRES:
  1.  "GOVERNING BODY" MEANS THE AGENCY OR OFFICE DESIGNATED BY THE CITY
COUNCIL OR BOARD OF COUNTY COMMISSIONERS WHERE THE PROPERTY IN  QUESTION
IS LOCATED. IF THERE IS NO SUCH DESIGNATION, THE GOVERNING BODY SHALL BE
THE  COUNTY,  DISTRICT,  OR  MUNICIPAL  PUBLIC  HEALTH  AGENCY, BUILDING
DEPARTMENT, AND LAW ENFORCEMENT AGENCY WITH JURISDICTION OVER THE  PROP-
ERTY IN QUESTION.
  2.   "ILLEGAL  DRUG  LABORATORY"  MEANS  THE  AREAS  WHERE  CONTROLLED
SUBSTANCES, AS DEFINED BY SECTION 220.00 OF  THE  PENAL  LAW  HAVE  BEEN
MANUFACTURED,  PROCESSED,  COOKED,  DISPOSED OF, USED, OR STORED AND ALL
PROXIMATE AREAS THAT ARE LIKELY TO BE CONTAMINATED AS A RESULT  OF  SUCH
MANUFACTURING, PROCESSING, COOKING, DISPOSAL, USE, OR STORING. WHEN USED
IN THIS CHAPTER THE TERM "METHAMPHETAMINE ILLEGAL DRUG LABORATORY" SHALL
HAVE THE SAME DEFINITION AS PROVIDED HEREIN.
  3.  "PROPERTY"  MEANS  ANYTHING  THAT MAY BE THE SUBJECT OF OWNERSHIP,
INCLUDING, BUT NOT LIMITED TO, LAND, BUILDINGS,  STRUCTURES,  AND  VEHI-
CLES.
  4.  "PROPERTY  OWNER",  FOR  THE  PURPOSES OF REAL PROPERTY, MEANS THE
PERSON HOLDING RECORD FEE TITLE TO REAL PROPERTY. "PROPERTY OWNER"  ALSO
MEANS THE PERSON HOLDING THE TITLE TO A MANUFACTURED HOME.
  5. "CERTIFIED INDUSTRIAL HYGIENIST" MEANS AN INDIVIDUAL THAT IS CERTI-
FIED BY THE AMERICAN BOARD OF INDUSTRIAL HYGIENE OR ITS SUCCESSOR.
  6.  "INDUSTRIAL  HYGIENIST"  MEANS  AN  INDIVIDUAL  WHO HAS OBTAINED A
BACCALAUREATE OR GRADUATE DEGREE IN INDUSTRIAL HYGIENE, BIOLOGY, CHEMIS-
TRY, ENGINEERING, PHYSICS, OR A CLOSELY RELATED PHYSICAL  OR  BIOLOGICAL
SCIENCE  FROM  AN  ACCREDITED COLLEGE OR UNIVERSITY. THE SPECIAL STUDIES
AND TRAINING OF SUCH INDIVIDUAL  SHALL  BE  SUFFICIENT  IN  THE  COGNATE
SCIENCES TO PROVIDE THE ABILITY AND COMPETENCY TO:
  A.  ANTICIPATE  AND  RECOGNIZE  THE ENVIRONMENTAL FACTORS AND STRESSES
ASSOCIATED WITH WORK AND WORK OPERATIONS AND TO UNDERSTAND THEIR EFFECTS
ON INDIVIDUALS AND THEIR WELL-BEING;
  B. EVALUATE ON THE BASIS OF TRAINING AND EXPERIENCE AND WITH  THE  AID
OF  QUANTITATIVE  MEASUREMENT  TECHNIQUES THE MAGNITUDE OF SUCH ENVIRON-
MENTAL FACTORS AND STRESSES IN TERMS OF THEIR ABILITY  TO  IMPAIR  HUMAN
HEALTH AND WELL-BEING;
  C.  PRESCRIBE  METHODS  TO PREVENT, ELIMINATE, CONTROL, OR REDUCE SUCH
FACTORS AND STRESSES AND THEIR EFFECTS;
  D. ANY INDIVIDUAL WHO HAS PRACTICED WITHIN THE SCOPE OF THE MEANING OF
INDUSTRIAL HYGIENE FOR A PERIOD OF NOT LESS THAN FIVE YEARS  IMMEDIATELY
PRIOR  TO  JULY FIRST, NINETEEN HUNDRED NINETY-SEVEN, IS EXEMPT FROM THE
DEGREE REQUIREMENTS SET FORTH IN THIS SECTION.
  E. ANY INDIVIDUAL WHO HAS A  TWO-YEAR  ASSOCIATE  OF  APPLIED  SCIENCE
DEGREE IN ENVIRONMENTAL SCIENCE FROM AN ACCREDITED COLLEGE OR UNIVERSITY
AND  IN  ADDITION NOT LESS THAN FOUR YEARS PRACTICE IMMEDIATELY PRIOR TO
JULY FIRST, NINETEEN NINETY-SEVEN, WITHIN THE SCOPE OF  THE  MEANING  OF
INDUSTRIAL  HYGIENE  IS EXEMPT FROM THE DEGREE REQUIREMENTS SET FORTH IN
THIS SECTION.

S. 4217                             6

  S 1378-A. METHAMPHETAMINE ILLEGAL DRUG LABORATORIES RULES. THE COMMIS-
SIONER, IN CONJUNCTION WITH THE COMMISSIONER OF THE DEPARTMENT OF  ENVI-
RONMENTAL  CONSERVATION, SHALL JOINTLY PROMULGATE REGULATIONS ADDRESSING
PROPERTY CONTAMINATION ISSUES FOR PROPERTIES  PREVIOUSLY  USED  FOR  THE
PRODUCTION   OR  STORAGE  OF  METHAMPHETAMINE.  SUCH  REGULATIONS  SHALL
INCLUDE, BUT NOT BE LIMITED TO:  ESTABLISHING PROCEDURES FOR TESTING AND
EVALUATION OF  CONTAMINATED  PROPERTIES,  ESTABLISHING  AND  MAINTAINING
ACCEPTABLE  STANDARDS  FOR  THE  CLEANUP AND REMEDIATION OF CONTAMINATED
PROPERTIES, ESTABLISHING AND MAINTAINING DOCUMENTATION  OF  CONTAMINATED
PROPERTIES  INCLUDING A STATE-SPONSORED INFORMATIONAL SERVICE LISTING OF
PROPERTIES THAT ARE DEEMED CONTAMINATED,  AND  ENSURING  THAT  ALL  SUCH
REGULATIONS  ENSURE  THE HEALTH AND SAFETY OF THE PEOPLE OF THE STATE OF
NEW YORK.
  S 1378-B. DISCOVERY OF  ILLEGAL  DRUG  LABORATORIES,  PROPERTY  OWNER,
CLEAN-UP AND LIABILITY.
  1.  AN  OWNER  OF  ANY PERSONAL PROPERTY WITHIN A STRUCTURE OR VEHICLE
CONTAMINATED BY ILLEGAL DRUG LABORATORY ACTIVITY AND WHOSE OWNER CHOOSES
TO REMEDIATE SHALL HAVE TEN DAYS AFTER THE  DATE  OF  DISCOVERY  OF  THE
LABORATORY OR CONTAMINATION TO REMOVE OR CLEAN HIS OR HER PERSONAL PROP-
ERTY ACCORDING TO DEPARTMENT RULES. IF THE PERSONAL PROPERTY OWNER FAILS
TO REMOVE THE PERSONAL PROPERTY WITHIN TEN DAYS, THE OWNER OF THE STRUC-
TURE OR VEHICLE MAY DISPOSE OF THE PERSONAL PROPERTY DURING THE CLEAN-UP
PROCESS WITHOUT LIABILITY TO THE OWNER OF THE PERSONAL PROPERTY FOR SUCH
DISPOSITION.
  2.  ONCE A PROPERTY OWNER HAS PROVIDED THE NECESSARY DOCUMENTATION AND
TESTING RESULTS AS ESTABLISHED  BY  THE  DEPARTMENT  THE  PROVISIONS  OF
SUBDIVISION THREE OF THIS SECTION SHALL CONTROL.
  3.  UPON  COMPLETION  OF  ANY PROVISION OUTLINED IN SUBDIVISION TWO OF
THIS SECTION IMMUNITY SHALL BE ESTABLISHED FOR THE PROPERTY OWNER FROM A
SUIT FOR ALLEGED HEALTH-BASED CIVIL ACTIONS BROUGHT BY ANY FUTURE OWNER,
RENTER, OR OTHER PERSON WHO OCCUPIES SUCH PROPERTY,  OR  A  NEIGHBOR  OF
SUCH  PROPERTY,  IN WHICH THE ALLEGED CAUSE OF THE INJURY OR LOSS IS THE
EXISTENCE OF THE ILLEGAL DRUG LABORATORY USED TO MANUFACTURE  METHAMPHE-
TAMINE;  EXCEPT  THAT  IMMUNITY FROM A CIVIL SUIT IS NOT ESTABLISHED FOR
THE PERSON CONVICTED FOR THE PRODUCTION OF METHAMPHETAMINE.
  4. A PERSON WHO REMOVES PERSONAL PROPERTY OR DEBRIS FROM A DRUG  LABO-
RATORY SHALL SECURE THE PROPERTY AND DEBRIS TO PREVENT THEFT OR EXPOSING
ANOTHER  PERSON  TO  ANY TOXIC OR HAZARDOUS CHEMICALS UNTIL THE PROPERTY
AND DEBRIS IS APPROPRIATELY DISPOSED OF OR CLEANED ACCORDING TO  DEPART-
MENT RULES.
  5.    GOVERNING  BODIES MAY ENACT ORDINANCES OR RESOLUTIONS TO FURTHER
ENFORCE THIS ARTICLE, INCLUDING, BUT NOT LIMITED  TO,  PREVENTING  UNAU-
THORIZED  ENTRY INTO CONTAMINATED PROPERTY; REQUIRING CONTAMINATED PROP-
ERTY TO MEET CLEAN-UP STANDARDS BEFORE IT  IS  OCCUPIED;  NOTIFYING  THE
PUBLIC  OF  CONTAMINATED  PROPERTY;  COORDINATING  SERVICES  AND SHARING
INFORMATION BETWEEN LAW ENFORCEMENT, BUILDING, PUBLIC HEALTH, AND SOCIAL
SERVICES AGENCIES AND OFFICIALS; AND CHARGING REASONABLE INSPECTION  AND
TESTING  FEES PROVIDED, HOWEVER LOCAL ORDINANCES SHALL NOT CONFLICT WITH
ANY RULES ESTABLISHED BY  THE  DEPARTMENT.    SHOULD  A  CONFLICT  ARISE
BETWEEN  A  STATE  REGULATION AND ANY LOCAL LAW, ORDINANCE OR RESOLUTION
THE STATE RULE SHALL BE DEEMED TO PREEMPT ANY LOCAL  LAW,  ORDINANCE  OR
RESOLUTION.
  S  3.  Subdivision 16 of section 220.00 of the penal law is amended by
adding a new paragraph (f) to read as follows:
  (F)  "ILLEGAL  DRUG  LABORATORY"  MEANS  THE  AREAS  WHERE  CONTROLLED
SUBSTANCES,  AS  DEFINED  IN THIS SECTION, HAVE BEEN MANUFACTURED, PROC-

S. 4217                             7

ESSED, COOKED, DISPOSED OF, USED, OR STORED AND ALL PROXIMATE AREAS THAT
ARE LIKELY TO BE CONTAMINATED AS A RESULT OF SUCH  MANUFACTURING,  PROC-
ESSING, COOKING, DISPOSAL, USE, OR STORING.
  S  4. Subdivision 2 of section 221-d of the executive law, as added by
chapter 394 of the laws of 2005, is amended to read as follows:
  2. Whenever the division of state  police  receives  a  report  of  an
unlawful  methamphetamine  laboratory,  or  discovers  or recognizes the
presence of an unlawful methamphetamine laboratory,  such  division,  as
soon  as  reasonably  practicable shall notify, or cause to be notified,
the department of  environmental  conservation  AND  THE  DEPARTMENT  OF
HEALTH of such information.
  S  5.  This act shall take effect on the three hundred sixty-fifth day
after it shall have become a law, provided however, that the commission-
er of health and the commissioner of  environmental  conservation  shall
have  the  authority to jointly issue any rules or regulations necessary
for the implementation of this act prior to or after it becomes a law.

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