HB 4692 Summary

• Establishes governmental agency immunity from tort liability for sewage system overflows or backups unless they meet specific conditions including the event qualifies as a "sewage disposal system event" and the agency is the appropriate responsible party.

• Defines a "sewage disposal system event" as an overflow or backup onto affected 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, or where obstruction in service leads, property connections, or acts of war/terrorism were substantial proximate causes.

• Requires claimants to provide written notice to governmental agencies within 45 days of discovering property damage or physical injury, with required information limited to contact details, property address, discovery date, and brief claim description.

• Allows claimants to recover compensation if they prove the agency owned/operated the system, a defect existed, the agency knew or should have known of the defect, failed to repair it in reasonable time, and the defect was 50% or more the cause of the damage or injury.

• Requires the Department of Environmental Quality to prepare and publish a mitigation manual within 270 days describing basement flooding prevention techniques, sewage system limitations, and insurance options for property owners.