South Carolina General Assembly
116th Session, 2005-2006

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Bill 3650

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

May 25, 2005

H. 3650

Introduced by Reps. W.D. Smith, Hagood and McLeod

S. Printed 5/25/05--S.

Read the first time April 28, 2005.

            

THE COMMITTEE ON MEDICAL AFFAIRS

To whom was referred a Bill (H. 3650) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

HARVEY S. PEELER, JR. for Committee.

            

A BILL

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:

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of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party.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."

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.

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