Bill Text: CA AB2748 | 2015-2016 | Regular Session | Enrolled
Bill Title: Environmental disaster: release of claims: statute of limitations: attorneys' fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-26 - Vetoed by Governor. [AB2748 Detail]
Download: California-2015-AB2748-Enrolled.html
BILL NUMBER: AB 2748 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 23, 2016
PASSED THE ASSEMBLY AUGUST 30, 2016
AMENDED IN SENATE AUGUST 19, 2016
AMENDED IN SENATE AUGUST 18, 2016
AMENDED IN ASSEMBLY JUNE 2, 2016
AMENDED IN ASSEMBLY JUNE 1, 2016
AMENDED IN ASSEMBLY MAY 2, 2016
AMENDED IN ASSEMBLY APRIL 18, 2016
AMENDED IN ASSEMBLY MARCH 18, 2016
INTRODUCED BY Assembly Member Gatto
FEBRUARY 19, 2016
An act to add Section 1544 to the Civil Code, and to add Sections
340.85 and 1021.3 to the Code of Civil Procedure, relating to
environmental disaster.
LEGISLATIVE COUNSEL'S DIGEST
AB 2748, Gatto. Environmental disaster: release of claims: statute
of limitations: attorneys' fees.
(1) Existing law provides that an obligation is extinguished by a
release given to the debtor by the creditor, upon a new
consideration, or in writing, with or without new consideration. A
general release does not extend to claims the creditor does not know
or suspect to exist in his or her favor at the time of executing the
release, which if known by him or her must have materially affected
his or her settlement with the debtor.
Under this bill, a partial or interim payment or reimbursement,
made in connection with an environmental disaster by the responsible
polluter or any agent or entity related to the responsible polluter
to any recipient, would not release the polluter from liability to
the recipient for any claim related to the environmental disaster or
for any future claim by the recipient against the polluter, or for
both current and future claims. The bill would prohibit any such
partial or interim payment or reimbursement from being conditioned
upon the recipient's agreement to release the polluter from liability
for any current or future claim. The bill would allow such a payment
or reimbursement to any recipient to be credited against the
liability of the polluter, agent, or entity to the recipient for any
current or future claim that is related to the environmental
disaster.
Under the bill, a temporary or final settlement of any kind made
in connection with an environmental disaster by the responsible
polluter or any agent or entity related to the responsible polluter,
to any claimant, would release the responsible polluter, agent, or
entity from liability to the claimant only for acts, omissions, or
injuries that are believed by the claimant to have occurred prior to
the date of the settlement, and would not release any claim that is
unknown to the claimant at the time of the settlement, occurs
subsequent to the settlement, or that is unrelated to the
environmental disaster.
The bill would make any agreement in violation of those
prohibitions that is entered into on or after February 1, 2017, void
as a matter of law and against public policy.
(2) Existing law establishes statutes of limitations for civil
actions for injury or illness or wrongful death based upon exposure
to a hazardous material or toxic substance other than asbestos, as
specified. For injury or illness, the statute of limitations is 2
years from the date of injury, or 2 years after the plaintiff becomes
aware of, or reasonably should have become aware of, an injury, the
physical cause of the injury, and sufficient facts to put a
reasonable person on inquiry notice that the injury was caused or
contributed to by the wrongful act of another, whichever occurs
later. For wrongful death, the statute of limitations is no later
than either 2 years from the date of the death of the plaintiff's
decedent, or 2 years from the first date on which the plaintiff is
aware of, or reasonably should have become aware of, the physical
cause of the death and sufficient facts to put a reasonable person on
inquiry notice that the death was caused or contributed to by the
wrongful act of another, whichever occurs later.
This bill would, notwithstanding the above provision, establish a
statute of limitations of 3 years for specified civil actions for
injury, illness, or wrongful death based upon exposure to a hazardous
material or toxic substance other than asbestos.
(3) Under existing law, except as attorneys' fees are specifically
provided for by statute, the measure and mode of compensation of
attorneys is left to the agreement of the parties.
This bill would authorize the court, in any action for private
nuisance against an environmental polluter defendant arising out of
an environmental disaster for which the defendant has been adjudged
civilly liable, upon motion, to award reasonable attorneys' fees to a
prevailing plaintiff against the defendant.
(4) This bill would limit the application of its provisions to
damages caused by an environmental disaster that occurred at Southern
California Gas Company's Aliso Canyon gas storage facility, as
specified, or contamination surrounding the Exide Technologies
facility in the City of Vernon. The bill would specify that its
provisions do not apply to any action against a public entity, as
defined.
This bill would make legislative findings and declarations as to
the necessity of a special statute for these regions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1544 is added to the Civil Code, to read:
1544. (a) A partial or interim payment or reimbursement of any
kind made in connection with an environmental disaster by the
responsible polluter or any agent or entity related to the
responsible polluter to any recipient shall not release the polluter
from liability to the recipient for any claim related to the
environmental disaster or for any future claim by the recipient
against the polluter, or for both current and future claims. Any such
partial or interim payment or reimbursement shall not be conditioned
upon the recipient's agreement to release the polluter from
liability for any current or future claim.
(b) Notwithstanding subdivision (a), a payment or reimbursement
made in connection with an environmental disaster by the responsible
polluter or any agent or entity related to the responsible polluter
to any recipient may be credited against the liability of the
polluter, agent, or entity to the recipient for any current or future
claim that is related to the environmental disaster.
(c) A temporary or final settlement of any kind made in connection
with an environmental disaster by the responsible polluter or any
agent or entity related to the responsible polluter, to any claimant,
shall release the responsible polluter, agent, or entity from
liability to the claimant only for acts, omissions, or injuries that
are believed by the claimant to have occurred prior to the date of
the settlement, and shall not release any claim that is unknown to
the claimant at the time of the settlement, occurs subsequent to the
settlement, or that is unrelated to the environmental disaster.
(d) Any agreement in violation of subdivision (a) or (c) that is
entered into on or after February 1, 2017, is void as a matter of law
and against public policy.
(e) For purposes of this section, a "partial or interim payment or
reimbursement" is a payment of the recipient's immediate
out-of-pocket expenses, including, but not limited to, food,
clothing, and shelter.
(f) The provisions of this section shall only apply to an
agreement relating to acts, omissions, or injuries in connection with
an environmental disaster that occurred at Southern California Gas
Company's Aliso Canyon gas storage facility or contamination
surrounding the Exide Technologies facility in the City of Vernon.
(g) This section shall not apply to any action against a public
entity as defined in Section 811.2 of the Government Code.
SEC. 2. Section 340.85 is added to the Code of Civil Procedure,
immediately following Section 340.8, to read:
340.85. (a) Notwithstanding Section 340.8, in any civil action
for injury or illness based upon exposure to a hazardous material or
toxic substance, the time for commencement of the action shall be no
later than either three years from the date of injury, or three years
after the plaintiff becomes aware of, or reasonably should have
become aware of, (1) an injury, (2) the physical cause of the injury,
and (3) sufficient facts to put a reasonable person on inquiry
notice that the injury was caused or contributed to by the wrongful
act of another, whichever occurs later.
(b) Notwithstanding Section 340.8, in an action for the wrongful
death of any plaintiff's decedent, based upon exposure to a hazardous
material or toxic substance, the time for commencement of an action
shall be no later than either (1) three years from the date of the
death of the plaintiff's decedent, or (2) three years from the first
date on which the plaintiff is aware of, or reasonably should have
become aware of, the physical cause of the death and sufficient facts
to put a reasonable person on inquiry notice that the death was
caused or contributed to by the wrongful act of another, whichever
occurs later.
(c) For purposes of this section:
(1) A "civil action for injury or illness based upon exposure to a
hazardous material or toxic substance" does not include an action
subject to Section 340.2 or 340.5.
(2) Media reports regarding the hazardous material or toxic
substance contamination do not, in and of themselves, constitute
sufficient facts to put a reasonable person on inquiry notice that
the injury or death was caused or contributed to by the wrongful act
of another.
(d) The provisions of this section shall only apply to an action
relating to exposure to a hazardous material or toxic substance in
connection with an environmental disaster that occurred at Southern
California Gas Company's Aliso Canyon gas storage facility or
contamination surrounding the Exide Technologies facility in the City
of Vernon.
(e) This section shall not apply to any action against a public
entity as defined in Section 811.2 of the Government Code.
SEC. 3. Section 1021.3 is added to the Code of Civil Procedure, to
read:
1021.3. (a) In any action for private nuisance against an
environmental polluter defendant arising out of an environmental
disaster for which the defendant has been adjudged civilly liable,
the court, upon motion, may award reasonable attorneys' fees to a
prevailing plaintiff against the defendant.
(b) The provisions of this section shall only apply to an
environmental disaster that occurred at Southern California Gas
Company's Aliso Canyon gas storage facility or contamination
surrounding the Exide Technologies facility in the City of Vernon.
(c) This section shall not apply to any action against a public
entity as defined in Section 811.2 of the Government Code.
SEC. 4. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
to achieve just and efficient results in civil litigation involving
the unique circumstances of damages resulting from specific
environmental disasters within the state.
