S T A T E O F N E W Y O R K
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579
2019-2020 Regular Sessions
I N S E N A T E
(PREFILED)
January 9, 2019
___________
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.
§ 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-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02390-01-9
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SURE REQUIREMENTS CONTAINED HEREIN SHALL APPLY TO ANY STRUCTURES OR
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?
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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.
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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
§ 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
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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.
§ 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.
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§ 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.
§ 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.
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§ 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.
§ 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.
§ 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-
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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.
§ 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.
§ 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.
