HB 4290 Summary

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

• Establishes that governmental agencies are immune from tort liability for sewage system overflow unless it qualifies as a sewage disposal system event and the agency is an appropriate governmental agency with a defect they knew or should have known about.

• Requires claimants seeking compensation (including noneconomic damages) to notify the appropriate governmental agency contact in writing within 45 days of discovering property damage or physical injury.

• Specifies that a sewage disposal system part has no design or construction defect if designed and constructed according to applicable state standards, rules, permits, court orders, or administrative orders in effect when constructed.

• Establishes a 45-day negotiation period after the governmental agency receives notice before a claimant may file a civil action, and exempts noneconomic damages claims from the notice requirements.