2009 Senate Bill 437

Ban environmental cleanup standards more stringent than federal

Introduced in the Senate

April 2, 2009

Introduced by Sen. Jason Allen (R-37)

To prohibit state hazardous substance environmental cleanup standards or regulations than are more stringent than required by federal law.

Referred to the Committee on Economic Development and Regulatory Reform

March 23, 2010

Referred to the Committee on Natural Resources and Environmental Affairs

June 1, 2010

Reported without amendment

With the recommendation that the substitute (S-6) be adopted and that the bill then pass.

July 28, 2010

Substitute offered

To replace the previous version of the bill with one that does not include its "no more stringent than federal" provisions, and instead makes it part of the package comprised of Senate Bills 1345 to 1349, which revise and streamline regulations and procedures for cleanups of hazardous materials that exist on a property or are spilled.

The substitute passed by voice vote

Amendment offered by Sen. Patricia Birkholz (R-24)

To extend certain existing pollution law liability exemptions that apply to the state or local governments to also include government owned or controlled "sewers, pipes and pipelines".

The amendment passed by voice vote

Aug. 17, 2010

Passed in the Senate 30 to 8 (details)

To streamline the regulations, procedures, reporting and inspection requirements, definitions, etcetera for cleanups of hazardous materials that exist on a property or are spilled. In general, rather than requiring the Department of Natural Resources and Environment to promulgate generic rules for all cleanups, this and Senate Bills 1345 to 1349 would instead determine the adequacy of a given cleanup on a case-by-case basis. The package would also diminish certain DNRE rulemaking authority, and establish that that a "guideline, bulletin, interpretative statement or operational memorandum" issued by the department would not have the force of law. Note: Provisions in the original version banning environmental cleanup standards more stringent than federal law no longer remain.

Received in the House

Aug. 18, 2010

Referred to the Committee on New Economy and Quality of Life

Nov. 10, 2010

Reported without amendment

Without amendment and with the recommendation that the bill pass.