AB 1902, as introduced, Wilk. Time for commencing civil actions: Aliso Canyon gas leak.
Existing law sets forth a two year statute of limitations for commencing a civil action for injury, illness, or wrongful death based upon exposure to a hazardous material or toxic substance other than asbestos, as specified.
This bill would establish a 3 year statute of limitations for commencing a civil action for injury, illness, or wrongful death based on exposure to methane, benzene, mercaptan, or any other hazardous material or toxic substance resulting from the Southern California Gas Company Aliso Canyon SS-25 gas leak, as specified.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 340.8 of the Code of Civil Procedure is
2amended to read:
(a) Inbegin delete anyend deletebegin insert aend insert civil action for injury or illness based upon
4exposure to a hazardous material or toxic substance, the time for
5commencement of the action shall be no later than either two years
P2 1from the date of injury, or two years after the plaintiff becomes
2aware of, or reasonably should have become aware of, (1) an injury,
3(2) the physical cause of the injury, and (3) sufficient facts to put
4a reasonable person on inquiry notice that the injury was caused
5or contributed to by the wrongful act of another, whichever occurs
6later.
7(b) In
an action for the wrongful death ofbegin delete anyend deletebegin insert
aend insert plaintiff’s
8decedent, based upon exposure to a hazardous material or toxic
9substance, the time for commencement of an action shall be no
10later than either (1) two years from the date of the death of the
11plaintiff’s decedent, or (2) two years from the first date on which
12the plaintiff is aware of, or reasonably should have become aware
13of, the physical cause of the death and sufficient facts to put a
14reasonable person on inquiry notice that the death was caused or
15contributed to by the wrongful act of another, whichever occurs
16later.
17(c) For purposes of this section:
18(1) A “civil action for injury or illness based upon exposure to
19a hazardous material or toxic substance” does not include an action
20subject tobegin delete Section 340.2 or 340.5.end deletebegin insert
Sections 340.2, 340.5, or 340.81end insertbegin insert.end insert
21(2) Media reports regarding the hazardous material or toxic
22substance contamination do not, in and of themselves, constitute
23sufficient facts to put a reasonable person on inquiry notice that
24the injury or death was caused or contributed to by the wrongful
25act of another.
26(d) Nothing in this section shall be construed to limit, abrogate,
27or change the law in effect on the effective date of this section
28with respect to actions not based upon exposure to a hazardous
29material or toxic substance.
Section 340.81 is added to the Code of Civil Procedure,
31to read:
(a) In a civil action for injury or illness based upon
33exposure to methane, benzene, mercaptan, or any other hazardous
34material or toxic substance resulting from the Southern California
35Gas Company Aliso Canyon SS-25 gas leak, the time for
36commencement of the action shall be no later than either three
37years from (1) the date of injury, or (2) the date the plaintiff was
38put on inquiry notice, or through the exercise of reasonable
39diligence should have been put on inquiry notice, that an injury
P3 1was caused or contributed to by such exposure, whichever occurs
2later.
3(b) In an action for the wrongful death of a plaintiff’s decedent,
4based upon exposure to methane, benzene, mercaptan, or any other
5hazardous material or toxic substance resulting from
the Southern
6California Gas Company Aliso Canyon SS-25 gas leak, the time
7for commencement of an action shall be no later than either (1)
8three years from the date of the death of the plaintiff’s decedent,
9or (2) three years from the first date on which the plaintiff was put
10on inquiry notice, or through exercise of reasonable diligence
11should have been put on inquiry notice, that the death was caused
12or contributed to by such exposure, whichever occurs later.
13(c) For purposes of this section, media reports regarding the
14potential exposure to methane, benzene, mercaptan, or any other
15hazardous material or toxic substance resulting from the Southern
16California Gas Company Aliso Canyon SS-25 gas leak do not, in
17and of themselves, constitute sufficient facts to put a reasonable
18person on inquiry notice that the injury or death was caused or
19contributed to by that exposure.
20(d) This
section shall only apply to a plaintiff whose domicile
21or residence was located within a 12-mile radius of the Southern
22California Gas Company’s Aliso Canyon SS-25 facility at any
23time between January 1, 2015, and December 31, 2016.
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