South Carolina General Assembly
116th Session, 2005-2006
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
DateBodyAction Description with journal page number
2/24/2005HouseIntroduced and read first time HJ44
2/24/2005HouseReferred to Committee on JudiciaryHJ44
4/19/2005HouseMember(s) request name added as sponsor: McLeod
4/19/2005HouseCommittee report: Favorable JudiciaryHJ63
4/26/2005HouseRead second time HJ120
4/27/2005HouseRead third time and sent to Senate HJ25
4/28/2005SenateIntroduced and read first time SJ12
4/28/2005SenateReferred to Committee on Medical AffairsSJ12
5/25/2005SenateCommittee report: Favorable Medical AffairsSJ30
5/26/2005SenateRead second time SJ317
5/31/2005SenateRead third time and enrolled SJ25
6/1/2005Ratified R 149
6/3/2005Signed By Governor
6/9/2005Copies available
6/9/2005Effective date See Act for Effective Date
6/16/2005Act No.123
VERSIONS OF THIS BILL
2/24/2005
4/19/2005
5/25/2005
(A123, R149, H3650)
AN ACT TO AMEND SECTION 4456750, 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
SECTION1.Section 4456750 of the 1976 Code is amended by adding at the end:
“(H)(1)A nonresponsible party is not liable to any thirdparty 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of execution of the nonresponsible party voluntary cleanup contract by the department; however, this limitation must be withdrawn automatically if the nonresponsible party voluntary cleanup contract is lawfully terminated by any party.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
SECTION2.This act takes effect upon approval by the Governor and applies to nonresponsible party voluntary cleanup contracts entered into pursuant to Section 4456750 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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