HB 1365 (2003) -  Phosphogypsum Management

by Paul
Provides a third-degree felony penalty for willfully, knowingly, or with reckless indifference or gross carelessness, misstating or misrepresenting the financial condition or closure costs of an entity engaged in managing, owning, or operating a phosphogypsum stack or stack system; provides a fine of not more than $50,000 and imprisonment for 5 years for each offense; prohibits corporate officers, owners, and operators of a phosphogypsum stack or stack system from issuing dividends or making other distributions from retained earnings in the event of a failure of the owner or operator to meet financial responsibility tests or regulatory requirements for phosphogypsum stack operations; provides a third-degree felony penalty for violation; provides a fine of not more than $50,000 and imprisonment for 5 years for each offense; provides grounds for appointment by the court of a receiver or custodian for the owner of a phosphogypsum stack or stack system; provides responsibility of the court-appointed receiver or custodian; authorizes the Department of Environmental Protection to impose a lien on the real, personal, and intangible property of the owner or operator of a phosphogypsum stack system in a specified amount as a result of actions by the department to abate or substantially reduce an imminent hazard or to close a phosphogypsum stack system and carry out postclosure care; provides severability
Effective Date: This act shall take effect upon becoming a law
Last Event: Died in Subcommittee on Environmental Regulation on Friday, May 2, 2003 6:15 PM

Related Bills

Staff Analysis

(None Available)

Vote History

(No Votes Recorded)

Bill History

Event Time Member Committee Ver.
Event: H Died in Subcommittee on Environmental Regulation Time: 05/02/2003 - 6:15 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H Bill referred to Appropriations Time: 03/11/2003 - 4:49 PM Member: Committee: Appropriations Version:
Event: H Bill referred to Subcommittee on Agriculture & Environment Appropriations Time: 03/11/2003 - 4:49 PM Member: Committee: Subcommittee on Agriculture & Environment Appropriations Version:
Event: H Bill referred to Natural Resources Time: 03/11/2003 - 4:49 PM Member: Committee: Natural Resources Version:
Event: H Bill referred to Subcommittee on Environmental Regulation Time: 03/11/2003 - 4:48 PM Member: Committee: Subcommittee on Environmental Regulation Version:
Event: H 1st Reading Time: 03/06/2003 - 12:00 AM Member: Committee: Version:
Event: H File timely Time: 03/05/2003 - 9:39 AM Member: Paul Committee: Version:

Statutes Referenced by this Bill

Statute Other Bill Citations
403.4154 HB 1363