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. The bill also outlines exemptions from liability for state and local governments, lenders, and individuals under certain conditions, such as involuntary property acquisition or when contamination is addressed through corrective actions.
Additionally, the new 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 qualify, individuals must show significant exposure and an increased risk of serious disease, necessitating periodic medical monitoring. The bill mandates that costs for medical monitoring be paid to a court-supervised program and allows for the recovery of reasonable attorney fees and litigation costs. It also introduces new definitions related to hazardous substance exposure and remedies, permits class action lawsuits, and outlines limitation periods for filing actions related to response activity costs and natural resource damages, enhancing the legal framework for environmental health and safety.
Statutes affected: House Introduced Bill: 324.20126, 324.20140