Bill No.:                     HB0062                                 Drafter:  MDO

LSO No.:                   13LSO-0086                         Effective Date:  Immediate

Enrolled Act No.:    HEA0022

Chapter No.:            CH0038

Prime Sponsor:       Joint Minerals, Business and Economic Development Interim Committee

Catch Title:              Innocent landowner amendments.

Subject:                     Environmental Quality Act – Real Property Remediation

Summary/Major Elements:

· The United States and the State of Wyoming have both established programs to encourage the remediation of polluted property by private individuals.  One aspect of this encouragement has been to provide immunity from liability to a person who purchases or otherwise possesses polluted property, but is not responsible for creating or emitting the pollution.

· This act provides for additional immunity to a person who qualifies as a “bona fide prospective purchaser.”

· To qualify as a “bona fide prospective purchaser” for purposes of receiving immunity from liability under the Innocent Owner provisions of the Environmental Quality Act, all releases of pollution must have occurred before the person acquired the property and the person must:

o Acquire property he knew to be polluted on or after January 11, 2002;

o Stop all continuing release or pollutants and have stopped all threatened future releases;

o Prevent or limit exposure to the pollutant;

o Notify the department of environmental quality of the presence of the pollution; and

o Not be liable for the release of the pollutant or associated with someone who is as specified.