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 facility after June 5, 1995, to 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 property involuntarily and those owning or occupying residential properties under specific conditions.

Additionally, the new section 20136 introduces 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 awarded 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 establishes a six-year limitation period for filing actions related to response activity costs and natural resource damages, with specific provisions for retroactive claims and exemptions. Overall, the bill aims to enhance the legal framework surrounding environmental health and safety by providing clearer guidelines for affected individuals and entities.

Statutes affected:
House Introduced Bill: 324.20126, 324.20140