H.R.200 - Lender and Fiduciary Fairness in Liability Act of 1995104th Congress (1995-1996)
Summary: H.R.200 — 104th Congress (1995-1996)
Introduced in House (01/04/1995)
Lender and Fiduciary Fairness in Liability Act of 1995 - Amends the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) to exclude from the definition of "owner or operator" (thus, protecting from individual liability) fiduciaries who hold legal title to, are the mortgagees or secured parties with respect to, control, or manage any facility or vessel at which a hazardous substance release occurred for purposes of administering an estate or trust of which such vessel or facility is a part.
Provides that the liability of a fiduciary that is liable under other CERCLA provisions for releases in connection with property held in a fiduciary capacity may not exceed the assets held in such capacity that are available to indemnify the fiduciary.
Provides for potential liability of fiduciaries in cases of negligence or intentional misconduct.
Lists additional conditions under which fiduciaries are exempted from liability.
Limits CERCLA liability of lenders in connection with property acquired through foreclosure, subject to a security interest, held by a lessor pursuant to an extension of credit, or subject to financial control pursuant to an extension of credit to the actual benefit conferred on such lenders by a removal, remedial, or response action undertaken by another party. Defines the "actual benefit" as the net gain realized by the lender due to such action. Provides for potential liability for response actions of lenders that caused or contributed to releases.
Creates a rebuttable presumption that a defendant who has acquired real property has made all appropriate inquiry into previous ownership and uses of the property if he establishes that, within 180 days prior to the time of acquisition, he conducted an environmental site assessment (an assessment of the property and surrounding areas to determine the presence of contamination and which provides for review of specified records and inspections).
Provides that no presumption shall arise: (1) unless the defendant has maintained a compilation of the information reviewed in the course of the assessment; or (2) if the assessment discloses contamination on the property to be acquired, unless the defendant has taken reasonable steps to confirm the absence of such contamination.
Amends the Solid Waste Disposal Act to exclude fiduciaries and certain security interest holders from the definitions of "operator," "generator," and "transporter."