HB5282 Summary

• Establishes that governmental agencies are immune from liability for sewage system overflows unless the overflow is a "sewage disposal system event" and meets specific conditions related to defects and notice requirements.

• Defines "sewage disposal system event" as overflow or backup onto property, excluding situations where rainfall measured 1.7 inches or more in a 1-hour period or 3.3 inches or more in a 24-hour period.

• Requires claimants to prove the governmental agency had knowledge of a defect in the sewage system, failed to take reasonable repair steps, and that the defect was a substantial proximate cause (50% or more) of the overflow and resulting damage or injury.

• Requires claimants to notify the appropriate governmental agency in writing within 45 days of discovering damage or injury, with specific content requirements including claimant name, address, property address, and claim description.

• Specifies that sewage systems designed and constructed according to applicable state standards or requirements in effect at construction cannot be deemed defective, with determinations made by courts as a matter of law.