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 stating that those who acquired their facility after June 5, 1995, must conduct a baseline environmental assessment within 45 days of purchase or occupancy to avoid liability for existing contamination. The bill also outlines exemptions from liability for certain individuals and entities, including state or local governments that acquire facilities involuntarily and those with easement interests or residential properties where hazardous substance use aligns with residential use.

Additionally, the new section 20136 establishes a cause of action for medical monitoring for individuals exposed to hazardous substances, even without current injury or disease. To succeed, individuals must show significantly higher exposure rates and increased disease risk, with costs for medical monitoring awarded to a court-supervised program. The bill allows for class action lawsuits and defines key terms related to exposure and medical monitoring. It also modifies limitation periods for filing actions related to response activity costs and natural resource damages, establishing a six-year period for filing after remedial construction begins, while ensuring retroactive application for damages accrued before July 1, 1991. Notably, the limitation period does not apply to actions under section 20136.

Statutes affected:
Senate Introduced Bill: 324.20126, 324.20140