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, requiring those who acquired their facility after June 5, 1995, to conduct a baseline environmental assessment within 45 days of purchase or occupancy, or to request a determination of inconsequential failure to comply. The bill also outlines exemptions from liability for certain individuals and entities, including state or local governments that acquire property involuntarily, and those holding easements or utility franchises.

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 allows for class action lawsuits and defines key terms related to exposure and disease, while also revising limitation periods for filing actions related to response activity costs and natural resource damages. It sets a six-year limit for actions initiated after physical construction activities for remedial actions and clarifies that provisions do not apply to actions under section 20136.

Statutes affected:
House Introduced Bill: 324.20126, 324.20140