BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 2442
                                                                  Page  1

          CONCURRENCE IN SENATE AMENDMENTS
          AB 2442 (Gordon)
          As Amended August 20, 2014
          Majority vote
           
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          |ASSEMBLY:  |52-22|(May 8, 2014)   |SENATE: |22-12|(August 25,    |
          |           |     |                |        |     |2014)          |
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           Original Committee Reference:   JUD.  

           SUMMARY  :  Provides the State Water Resources Control Board  
          (State Water Board) and Regional Water Quality Control Boards  
          (Regional Water Boards) with protection from civil liability  
          related to necessary actions for water quality cleanup actions. 

           The Senate amendments  remove the exemption from liability for  
          actions that were performed in a grossly negligent manner.

           EXISTING LAW  : 

          1)Allows the State and Regional Water Boards to investigate  
            actual or suspected waste discharges that threaten water  
            quality.  Provides that if no viable responsible party or  
            discharger is identified for a polluted site, the State or  
            Regional Water Boards may contract for the clean up.

          2)Provides limited liability immunity for the Department of  
            Toxic and Substance Control to enter upon any lands for the  
            purpose of taking removal or remedial action.

          3)Provides limited liability immunity for a public agency and  
            its employees or agents for injury or property damage caused  
            by actions taken by a public safety employee while responding  
            to a hazardous substance release believed to be an imminent  
            peril to public health or safety.    

          4)Provides that a public entity is not liable for an injury,  
            whether such injury arises out of an act or omission of the  
            public entity, or a public employee, or any other person.   
            Provides that the liability of a public entity, as specified,  
            is subject to any immunity of the public entity provided by  
            statute and is subject to any defenses that would be available  
            to the public entity if it were a private person.








                                                                  AB 2442
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           AS PASSED BY THE ASSEMBLY  , this bill provided the State Water  
          Board and Regional Water Boards with explicit protection from  
          civil liability related to water quality cleanup actions.   
          Specifically, this bill:

          1)Provided that the protection from liability for the State and  
            Regional Water Boards would apply to any authorized person in  
            connection with any water contamination investigation,  
            cleanup, abatement, or other remedial work.

          2)Excluded from liability protection actions that were performed  
            in a grossly negligent manner.

          3)Provided that the limitation on State and Regional Water  
            Boards' liability apply to a cause of action in a civil  
            complaint filed after January 1, 2015.
                
            FISCAL EFFECT  :  None

           COMMENTS  :   

          Need for the bill:  According to the State Water Board, the  
          sponsor of this legislation, "Currently, the Water Boards often  
          are reluctant to fully exercise their authority to investigate  
          and/or clean up water pollution problems that may threaten  
          public health and the environment due to liability concerns. 

          "Under current law, the Water Boards can perform, or contract  
          for, the investigation, cleanup, abatement, or remedial work  
          that is required to address waste discharges that have polluted,  
          or threaten to pollute, waters of the State? However, the Water  
          Boards often are reluctant to exert their authority to  
          investigate and/or clean up water pollution problems that may  
          threaten public health or the environment due to liability  
          concerns including:  1) potential liability claims that the  
          Water Boards' actions at a site makes them a responsible party  
          and that their limited actions at a site do not fully protect  
          all affected persons, 2) claims for reimbursement of incidental  
          property damage, or 3) potential trespass actions that may arise  
          due to the Water Boards' investigations or cleanups.  Thus, even  
          when the Water Boards are faced with a severe pollution problem  
          and there is no apparent financially viable responsible party,  
          the Water Boards are likely to decline to act due to liability  
          concerns."








                                                                  AB 2442
                                                                  Page  3


          Liability of cleanup actions:  This legislative proposal would  
          provide the State and Regional Water Boards with explicit  
          protection from civil liability related to investigating and  
          cleaning up water pollution.  This would remove a barrier in  
          current law that deters the Water Boards from taking actions to  
          investigate, prevent, or clean up pollution.  The proposal would  
          clarify that the liability protection applies to actions by the  
          Water Boards to investigate and clean up any discharges that  
          threaten water quality. 
           

          Analysis Prepared by  :    Bob Fredenburg / E.S. & T.M. / (916)  
          319-3965 


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