The passage of HB5291 would have substantial implications for state laws regarding environmental protection and liability. It would establish a clear framework for seeking damages related to leaks, thereby enhancing the ability of victims to recover costs associated with personal injury or property damage. The amendment specifically limits the defenses available to tank owners, placing the onus on them to prevent such leaks and mitigate their impacts.
Summary
House Bill 5291 amends the Gasoline Storage Act by introducing strict liability for owners of underground storage tanks. If a leak occurs from such a tank—resulting in injury to any person or damage to property—the owner is held strictly liable for the full amount of the resulting damages. This legislative move aims to hold tank owners accountable for environmental safety and public health, as leaks from underground tanks can pose significant risks to both individuals and the environment.
Contention
While proponents argue that HB5291 will enhance environmental safety and hold tank owners accountable, concerns have been raised about the burden this could place on businesses operating underground storage tanks. These owners may face increased insurance costs and legal liabilities, which opponents of the bill argue could hinder their operations and economic viability. The consideration of balancing environmental protection with business interests is likely to be a point of contention as the bill progresses.