SSB 3185

This bill provides immunity for the operation of manufacturing or industrial facilities under certain circumstances. The bill provides that a person shall not be liable for the operation of a manufacturing or industrial facility under a cause of action for public or private nuisance, negligence, trespass, or any similar legal theory, if the facility is operating pursuant to the issuance of all required licenses, permits, certifications, or authorizations under applicable federal or state environmental law. The bill provides that a person shall not be liable for the operation of a manufacturing or industrial facility under a cause of action for public or private nuisance or trespass if the facility commenced operations before the person alleged to have suffered an injury began to reside or operate near the facility. The bill defines “commenced operations” as the date on which the construction of a manufacturing or industrial facility was originally completed. An expansion of a manufacturing or industrial facility shall be considered to have commenced operations on the same date as the facility if the facility is subject to municipal, state, or federal environmental laws or regulations. The bill provides that a transfer of ownership of a manufacturing or industrial facility, a temporary cessation of operation, or reduction in the size of the operation of the facility does not affect the date on which the facility commenced operations for purposes of the liability protections of the bill. The bill provides that in an action in which a defendant’s liability is limited under the bill, the prevailing defendant is entitled to recover the reasonable expenses of litigation, including costs, expert fees, and attorney fees. _____ would require abatement or the closure of a manufacturing or industrial facility. The bill shall not be construed to modify any provision of eminent domain or environmental law that is not inconsistent with the bill. The bill applies to actions which accrue on or after the effective date of the bill.