The bill's implementation will significantly impact state laws concerning liability in environmental and public safety situations. By imposing strict liability, it ensures that affected individuals can seek damages more easily without needing to prove negligence or fault on the part of the tank owner. This measure aligns with enhanced public health and safety initiatives, promoting more responsible handling and management of petroleum products.
Summary
SB3371 introduces amendments to the Gasoline Storage Act, specifically establishing strict liability for owners of storage tanks that leak petroleum or petroleum products. If a leak results in injury or property damage, the owner will be liable for civil damages to the affected person, covering all damages directly caused by the leak. This adds a layer of accountability for those managing storage tanks, as they will be required to ensure their compliance to prevent leaks that could have detrimental effects on health and property.
Contention
While there is general support for stronger regulations to protect the environment and public safety, there may be concerns regarding the potential financial burden on tank owners, especially smaller businesses. Critics might argue that strict liability could lead to excessive costs for compliance and insurance, making it challenging for smaller operators to sustain their businesses. Nonetheless, advocates for this bill contend that the environmental and safety benefits outweigh these concerns, asserting that the focus should be on preventing leaks in the first place.