SSB 1041 (LSB 1456DP (1) 91)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF NATURAL RESOURCES BILL)

A BILL FOR

An Act relating to strict liability for a person in control of hazardous substances.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.392, subsection 1, paragraph a, subparagraph (4), Code 2025, is amended to read as follows:
   (4)  The excessive and extraordinary cost reasonable costs incurred by the state or its political subdivisions or the agents of the state or a political subdivision in responding for any of the following:
   (a)  Responding at and to the scene of a hazardous condition caused by that person.
   (b)  Oversight and monitoring of a hazardous condition caused by that person.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill imposes strict liability on a person having control over a hazardous substance for the reasonable response, oversight, and monitoring costs expended by the state or political subdivision related to hazardous conditions created by that person. Under current law, a person having control over a hazardous substance is strictly liable for excessive and extraordinary costs expended by the state or political subdivision resulting from responding at and to the scene of a hazardous condition created by that person.