Hazardous substances: liability: responsible parties.
The bill elevates the accountability of individuals and entities that release hazardous substances into the air, aligning California's legislation more closely with federal standards set forth under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). It allows for legal action and the recovery of costs for remediation from parties responsible for such emissions, thus enhancing the state's authority in managing environmental hazards. The adjustment is intended to bolster efforts to clean up contamination and deter future violations, promoting a healthier ecosystem.
Assembly Bill No. 421 (AB421), introduced by Assembly Member Santiago, amends Section 25323.5 of the California Health and Safety Code, specifically concerning liabilities related to hazardous substances. The bill aims to modify the definition of responsible parties and liable persons under existing law, particularly concerning the disposal of hazardous materials. The key change proposed by AB421 is to include emissions into the air as a form of disposal, thereby expanding the scope of what constitutes liability for hazardous substance remediation actions.
While supporters argue that AB421 advances public health and safety by closing loopholes regarding airborne toxic emissions, opponents may raise concerns about the implications for businesses and industries in terms of liability. By changing the definition of disposal to include air emissions, the bill could potentially subject more parties to legal action and financial responsibility for costs associated with hazardous substance releases. Detractors might worry about the increased regulatory burden on businesses and technological innovations aimed at environmental cleanup.
AB421 was reported with a majority recommendation from the committee with a voting summary indicating 4 yeas and 2 nays during its last action date on April 4, 2017. The bill was referred to the Committee on Judiciary, signaling ongoing examination and debate as it moves through the legislative process.