The bill amends the Natural Resources and Environmental Protection Act by revising sections 20126 and 20140, and adding a new section 20136. It clarifies the liability of owners and operators of facilities regarding hazardous substance releases, specifically requiring those who acquired their status after June 5, 1995, to conduct a baseline environmental assessment within 45 days of property acquisition or occupancy, or to request a determination of inconsequential failure to comply. The bill also outlines exemptions from liability for certain individuals and entities, such as state or local governments acquiring property involuntarily, and those who can prove they were not responsible for contamination.

The newly added section 20136 establishes a cause of action for medical monitoring for individuals exposed to hazardous substances, even if they do not currently have an injury or disease. To succeed in such claims, individuals must demonstrate significant exposure and an increased risk of serious disease, with costs for medical monitoring awarded to a court-supervised program. The bill also modifies limitation periods for filing actions related to response activity costs and natural resource damages, specifying that recovery actions must be initiated within six years of the start of physical construction activities for remedial actions, with certain exceptions. Importantly, it clarifies that these provisions do not apply to actions under section 20136.

Statutes affected:
Senate Introduced Bill: 324.20126, 324.20140