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HB 3071

Modifies provisions relating to a premises contaminated with radioactive material or other hazardous material

2026 Regular Session Introduced by Colin Wellenkamp

Missouri HB3071 requires owners to disclose known radioactive or hazardous contamination to buyers/tenants, with penalties for hidden knowledge and tenant lease-termination rights.

Referred: Emerging Issues(H)
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Bill Summary · HB 3071

Overview

Missouri House Bill 3071 (2026) amends section 442.055 to require certain disclosures related to premises that have been or are contaminated with radioactive material or other hazardous material. The bill creates a duty to disclose, sets conditions for what constitutes “knowledge,” and establishes notice requirements connected to testing access requests and state agency knowledge. It includes a penalty for noncompliance.

Purpose and Intent

  • Ensure that current and prospective tenants, buyers, or transferees are informed if a premises is or was contaminated with radioactive material or other hazardous material.
  • Align disclosure obligations with empirically supported knowledge, defined by receipt of certain government communications.
  • Improve transparency around testing and government inquiries related to contamination.
  • Create a remedy for lessees who learn of undisclosed contamination during the lease term.

Key Provisions

  1. Disclosure Requirement

    • If a premises that is or will be rented, leased, sold, transferred, or conveyed has or had radioactive or other hazardous contamination, the owner/seller/landlord/transferor must disclose in writing to the prospective lessee/current lessee/purchaser/transferee.
    • The disclosure is required only if the notifier has empirically supported knowledge of the contamination.
    • “Knowledge” is defined as receipt by the owner/transferor of a written or electronic communications from a governmental agency stating that the premises is or was contaminated.
    • If disclosure is not made despite having knowledge, the notifier commits a class A misdemeanor.
    • If a lessee discovers undisclosed knowledge, the lessee may terminate the lease at no cost under the lease’s notification, security deposit, and grace period provisions.

  2. Right of Entry for Testing

    • When a governmental agency requests signed approval to enter the property to test for contamination, the owner/transferor must disclose this request in writing to the prospective/current lessee/purchaser/transferee.

  3. State Agency Knowledge and Notice

    • If a state agency knows of contamination at a residential property, the agency must send written notice to the current resident within 30 days.

Who Is Affected

  • Owners, sellers, landlords, and other transferors of residential or potentially rented/sold properties.
  • Prospective and current lessees, purchasers, or transferees of those properties.
  • State and local governmental agencies involved in testing or knowledge of contamination.
  • Current residents who may receive notice from a state agency.

Procedural and Timeline Aspects

  • Filing/Enactment: Bill introduced in the 2026 session; referred to Emerging Issues (H) on May 15, 2026.
  • Disclosure Trigger: Applies to premises with current or historical contamination, contingent on empirically supported knowledge.
  • Knowledge Verification: Requires official written/electronic communication from a governmental agency as proof of knowledge.
  • Penalties: Non-disclosure with knowledge constitutes a class A misdemeanor.
  • Notice to Residents: State agencies with knowledge must notify current residents within 30 days.

Potential Impacts

  • Increases the number of required disclosures in real estate and leasing transactions involving contaminated properties.
  • Creates a clearer evidentiary standard (government communications) for what constitutes knowledge of contamination.
  • Provides tenants with a remedy to terminate leases at no cost when concealment of known contamination occurs.
  • Signals heightened transparency around government testing and entry requests related to contamination.

Notes: The bill focuses on contamination with radioactive or other hazardous materials and specifies disclosure, notice, and enforcement mechanisms without detailing remediation requirements or liability for other related harms.

Compiled from official sources — confirm details with the bill’s official record.

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