Text: SSB00301 Text: SSB00303 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 455B.701 OIL SPILL IMMUNITY. 1 2 1. DEFINITIONS. As used in this section, unless the 1 3 context otherwise requires: 1 4 a. "Damages" means damages of any kind for which liability 1 5 may exist under the laws of this state resulting from, arising 1 6 out of, or relating to the discharge or threatened discharge 1 7 of oil. 1 8 b. "Discharge" means any emission, other than natural 1 9 seepage, intentional or unintentional, and includes, but is 1 10 not limited to, spilling, leaking, pumping, pouring, emitting, 1 11 emptying, or dumping. 1 12 c. "Federal on-scene coordinator" means the federal 1 13 official designated by the federal agency in charge of the 1 14 removal efforts or by the United States environmental 1 15 protection agency or the United States coast guard to 1 16 coordinate and direct responses under the national contingency 1 17 plan. 1 18 d. "National contingency plan" means the national 1 19 contingency plan prepared and published under 33 U.S.C. } 1 20 1321(d). 1 21 e. "Oil" means oil of any kind or in any form, including, 1 22 but not limited to, petroleum, fuel oil, sludge, oil refuse, 1 23 and oil mixed with wastes other than dredged spoil. 1 24 f. "Remove" or "removal" means containment and removal of 1 25 oil or a hazardous substance from water and shorelines or the 1 26 taking of other actions as may be necessary to minimize or 1 27 mitigate damage to the public health or welfare, including, 1 28 but not limited to, fish, shellfish, wildlife, and public and 1 29 private property, shorelines, and beaches. 1 30 g. "Removal costs" means the costs of removal that are 1 31 incurred after a discharge of oil has occurred or, in any case 1 32 in which there is a substantial threat of a discharge of oil, 1 33 the costs to prevent, minimize, or mitigate oil pollution from 1 34 such an incident. 1 35 h. "Responsible party" means a responsible party as 2 1 defined under 33 U.S.C. } 2701. 2 2 2. EXEMPTION FROM LIABILITY. 2 3 a. Notwithstanding any other provisions of law, a person 2 4 is not liable for removal costs or damages which result from 2 5 acts or omissions taken or made in the course of rendering 2 6 care, assistance, or advice consistent with the national 2 7 contingency plan or as otherwise directed by the federal on- 2 8 scene coordinator or by the state official with responsibility 2 9 for oil spill response. 2 10 b. Paragraph "a" does not apply to the following: 2 11 (1) A responsible party. 2 12 (2) When the damage involves personal injury or wrongful 2 13 death. 2 14 (3) If the person is grossly negligent or engages in 2 15 willful misconduct. 2 16 c. A responsible party is liable for any removal costs and 2 17 damages that another person is relieved of under paragraph 2 18 "a". 2 19 d. This section does not affect the liability of a 2 20 responsible party for oil spill response under state law. 2 21 EXPLANATION 2 22 This bill provides that a person is not liable for removal 2 23 costs or damages which result from actions or omissions taken 2 24 or made in the course of rendering care, assistance, or advice 2 25 consistent with the national contingency plan or as otherwise 2 26 directed by the federal on-scene coordinator or by the state 2 27 official with responsibility for oil spill response. However, 2 28 the immunity does not apply to a responsible party, when the 2 29 damage involves personal injury or wrongful death, or if the 2 30 person is grossly negligent or engages in willful misconduct. 2 31 The bill refers to 33 U.S.C. } 2701 for a definition of 2 32 responsible party. A responsible party means any person 2 33 owning, operating, or chartering a vessel; any person owning 2 34 or operating an onshore facility, with certain exceptions; the 2 35 lessee or permittee of the area of an offshore facility, with 3 1 certain exceptions; the licensee of a deepwater port; or any 3 2 person owning or operating a pipeline. 3 3 LSB 2541SC 76 3 4 js/jj/8
Text: SSB00301 Text: SSB00303 Text: SSB00300 - SSB00399 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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