House Committee Substitute

HCS/SS/SB 22 - This act modifies provisions relating to contaminated homes.

MISSOURI CONTAMINATED HOME ACQUISITION PROGRAM (Sections 260.850 - 260.865 & 640.780) - This act creates the Missouri Contaminated Home Acquisition Program. Under this program, any homeowner whose home is determined by a federal or state environmental agency to be permanently uninhabitable due to contamination of radium in groundwater on the effective date of this section, may apply to sell their home for fair market value to the Department of Natural Resources. Application criteria and timeline requirements for application decisions from the Department of Natural Resources are set forth in this act. In addition, this act sets forth an order of priority that the Department of Natural Resources shall follow when purchasing homes. Funding for the program shall be derived from the Missouri Contaminated Home Acquisition Program Fund, which shall consist of moneys collected from the Department of Natural Resources sale of certain lands, as set forth in this act.

Under this act, if the Department of Natural Resources and the homeowner disagree with the homeowners's appraisal of fair market value of the home, the Department shall also perform an appraisal on the home. Concurrently, the Department and homeowner shall mutually agree upon an appraiser to perform a third appraisal. The fair market value of the home shall be determined by averaging the fair market value of all three appraisals. In the event that a party is dissatisfied by the averaged fair market value, they may seek expedited review in any court of competent jurisdiction.

Under this act, the Missouri Contaminated Home Acquisition Program costs shall not exceed $12.5 million. Upon meeting such cost threshold, the program shall terminate.

RADIOACTIVE MATERIAL DISCLOSURE (Section 441.236) - Under this act, any seller or renter of a premises that was contaminated with radioactive material, who knows that such premises was contaminated with radioactive material, is required to disclose such radioactive contamination to any buyer or lessee in writing. Any person failing to make such a disclosure shall be guilty of a Class A misdemeanor.

This act contains an emergency clause.

This act is similar to SCS/SB 600 (2016).

KAYLA HAHN


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