South Carolina General Assembly
116th Session, 2005-2006

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A123, R149, H3650

STATUS INFORMATION

General Bill
Sponsors: Reps. W.D. Smith, Hagood and McLeod
Document Path: l:\council\bills\nbd\11318ac05.doc

Introduced in the House on February 24, 2005
Introduced in the Senate on April 28, 2005
Passed by the General Assembly on May 31, 2005
Governor's Action: June 3, 2005, Signed

Summary: Brownsfield Voluntary Cleanup Program

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/24/2005  House   Introduced and read first time HJ-44
   2/24/2005  House   Referred to Committee on Judiciary HJ-44
   4/19/2005  House   Member(s) request name added as sponsor: McLeod
   4/19/2005  House   Committee report: Favorable Judiciary HJ-63
   4/26/2005  House   Read second time HJ-120
   4/27/2005  House   Read third time and sent to Senate HJ-25
   4/28/2005  Senate  Introduced and read first time SJ-12
   4/28/2005  Senate  Referred to Committee on Medical Affairs SJ-12
   5/25/2005  Senate  Committee report: Favorable Medical Affairs SJ-30
   5/26/2005  Senate  Read second time SJ-317
   5/31/2005  Senate  Read third time and enrolled SJ-25
    6/1/2005          Ratified R 149
    6/3/2005          Signed By Governor
    6/9/2005          Copies available
    6/9/2005          Effective date See Act for Effective Date
   6/16/2005          Act No. 123

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/24/2005
4/19/2005
5/25/2005


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A123, R149, H3650)

AN ACT TO AMEND SECTION 44-56-750, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BROWNFIELDS VOLUNTARY CLEANUP PROGRAM AND CONTRACT REQUIREMENTS ENTERED INTO BY OR ON BEHALF OF A NONRESPONSIBLE PARTY, SO AS TO PROVIDE THAT A NONRESPONSIBLE PARTY IS NOT LIABLE FOR THIRD PARTY CLAIMS AND TO FURTHER SPECIFY TO WHOM THIS LIMITATION OF LIABILITY APPLIES.

Be it enacted by the General Assembly of the State of South Carolina:

Brownfield voluntary cleanup program; nonresponsible party contracts and liability

SECTION    1.    Section 44-56-750 of the 1976 Code is amended by adding at the end:

"(H)(1)    A nonresponsible party is not liable to any third-party for contribution, equitable relief, or claims for damages arising from a release of contaminants which is the subject of a response action included in the nonresponsible party voluntary cleanup contract provided for in this section.

(2)    This limitation of liability commences on the date of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party.

This limitation applies only to:

(a)    the parties to the nonresponsible party voluntary cleanup contract and to the nonresponsible party's lenders, signatories, parents, subsidiaries, and successors; and

(b)    'existing contamination', as defined in the nonresponsible party voluntary cleanup contract.

This limitation of liability does not apply to any release caused by or attributable to the nonresponsible party or its lenders, signatories, parents, subsidiaries, or successors."

Time effective

SECTION    2.    This act takes effect upon approval by the Governor and applies to nonresponsible party voluntary cleanup contracts entered into pursuant to Section 44-56-750 of the 1976 Code on or after this act's effective date.

Ratified the 1st day of June, 2005.

Approved the 3rd day of June, 2005.

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