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2006 SESSION

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HB 93 Environmental site assessments; local government to adopt ordinances requiring.

Introduced by: Terrie L. Suit | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Subdivision and zoning ordinances; environmental site assessments.  Allows localities to include in their subdivision or zoning ordinances provisions for requiring and considering Phase I environmental site assessments based on the anticipated use of the property proposed for the subdivision or development and Phase II environmental site assessments, if the locality deems such to be reasonably necessary, based on findings in the Phase I assessment.  A reasonable fee may be charged for the review of such environmental assessments.  Such ordinances may also include provisions for requiring disclosure and remediation of contamination and other adverse environmental conditions of the property prior to approval of subdivision and development plans.  The bill also provides that the residential property disclosure statement provided by the owner of residential real property to a purchaser include disclosure of adverse environmental site conditions.  This bill is identical to SB 224.

SUMMARY AS PASSED HOUSE:

Subdivision and zoning ordinances; environmental site assessments.  Clarifies the authority of local governing bodies to adopt ordinances to require environmental site assessments.  Additional provisions allow localities to require disclosure and remediation of the contamination prior to approval of subdivision and development plans.

SUMMARY AS INTRODUCED:

Subdivision and zoning ordinances; residential property disclosure; environmental site assessments.  Clarifies the authority of local governing bodies to adopt ordinances to require site assessments and to record notice as a part of a rezoning or subdivision approval process. The bill also clarifies that the residential property disclosure statement provided by the owner of residential real property to a purchaser includes disclosure of adverse environmental site conditions.