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CA AB2748

Bill

Status

Vetoed

9/26/2016

Primary Sponsor

Mike Gatto

Click for details

Origin

State Assembly

2015-2016 Session

AI Summary

  • Partial or interim payments by polluters for immediate expenses (food, clothing, shelter) do not release them from liability for current or future claims related to environmental disasters, and cannot be conditioned on a release agreement.

  • Settlements in environmental disasters only release polluters from liability for acts or injuries the claimant believed occurred before the settlement date; unknown, subsequent, or unrelated claims remain actionable.

  • Extends the statute of limitations for civil actions based on exposure to hazardous materials or toxic substances from 2 years to 3 years for injury, illness, or wrongful death claims.

  • Courts may award reasonable attorneys' fees to prevailing plaintiffs in private nuisance actions against environmental polluters found civilly liable for environmental disasters.

  • These provisions apply only to the Southern California Gas Company's Aliso Canyon gas storage facility incident and contamination surrounding the Exide Technologies facility in Vernon, and do not apply to actions against public entities.

Legislative Description

Environmental disaster: release of claims: statute of limitations: attorneys' fees.

Last Action

Vetoed by Governor.

9/26/2016

Committee Referrals

Environmental Quality6/22/2016
Judiciary6/9/2016
Rules6/6/2016
Judiciary3/17/2016

Full Bill Text

No bill text available