5285-S AMS FRAS FLOO 001

SSB 5285 - S AMD - 248

    By Senators Fraser, Spanel and Kline

                             NOT ADOPTED 3/16/99 - ROLL CALL 18-29

    On page 1, after "Sec. 1." insert the following:

    (1) The office of the attorney general and the standing committees on the judiciary and environmental quality in the house of representatives and the senate shall jointly review the availability of nuisance and other actions for the recovery of property damages from air emissions, water discharge, and solid waste discharge or release, and court decisions and public policy considerations regarding restricting the availability of such actions when the discharge or release occurs in compliance with a term or condition of:

    (a) a statute or regulation;

    (b) a license, permit, or order that is issued after the opportunity for public comment by a local, state, or federal agency and subject to continuing compliacnce assurance procedures, review by the issuing authority, and amendment or renewal; or

    (c) a court order or judgment.

    (2) Stakeholder organizations such as business and environmental organizations, property owner organizations, and the practicing legal profession should be consulted in conducting the review.

    (3) The attorney general and standing committee shall submit its report and proposed recommendations for statutory changes to the availability of property damage recovery actions to the legislature by December 31, 1999.

SSB 5285 - S AMD - 248

    By Senator Fraser

    On page , beginning on line 1 of the title, after "section", delete "to chapter 7.48."

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EFFECT: The bill replaced by a study of the issue of allowing discharge permits to be a "shield" against nuisance actions for property damage recovery.