House Study Bill 66 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL) A BILL FOR An Act relating to strict liability for a person in control of 1 hazardous substances. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1456DP (1) 91 sb/js
S.F. _____ H.F. _____ Section 1. Section 455B.392, subsection 1, paragraph a, 1 subparagraph (4), Code 2025, is amended to read as follows: 2 (4) The excessive and extraordinary cost reasonable costs 3 incurred by the state or its political subdivisions or the 4 agents of the state or a political subdivision in responding 5 for any of the following: 6 (a) Responding at and to the scene of a hazardous condition 7 caused by that person. 8 (b) Oversight and monitoring of a hazardous condition 9 caused by that person. 10 EXPLANATION 11 The inclusion of this explanation does not constitute agreement with 12 the explanations substance by the members of the general assembly. 13 This bill imposes strict liability on a person having 14 control over a hazardous substance for the reasonable response, 15 oversight, and monitoring costs expended by the state or 16 political subdivision related to hazardous conditions created 17 by that person. Under current law, a person having control 18 over a hazardous substance is strictly liable for excessive 19 and extraordinary costs expended by the state or political 20 subdivision resulting from responding at and to the scene of a 21 hazardous condition created by that person. 22 -1- LSB 1456DP (1) 91 sb/js 1/ 1