Bill Text: CA AB1902 | 2015-2016 | Regular Session | Introduced

California Assembly Bill 1902 (Prior Session Legislation)

CA State Legislature page for AB1902

Introduced

Bill Title: Time for commencing civil actions: Aliso Canyon gas leak.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2016-11-30 - From committee without further action. [AB1902 Detail]

Download: California-2015-AB1902-Introduced.html

BILL NUMBER: AB 1902	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Wilk

                        FEBRUARY 11, 2016

   An act to amend Section 340.8 of, and to add Section 340.81 to,
the Code of Procedure, relating to civil actions.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1902, as introduced, Wilk. Time for commencing civil actions:
Aliso Canyon gas leak.
   Existing law sets forth a two year statute of limitations for
commencing a civil action for injury, illness, or wrongful death
based upon exposure to a hazardous material or toxic substance other
than asbestos, as specified.
   This bill would establish a 3 year statute of limitations for
commencing a civil action for injury, illness, or wrongful death
based on exposure to methane, benzene, mercaptan, or any other
hazardous material or toxic substance resulting from the Southern
California Gas Company Aliso Canyon SS-25 gas leak, as specified.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 340.8 of the Code of Civil Procedure is amended
to read:
   340.8.  (a) In  any   a  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 two years from the date of injury, or two 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) In an action for the wrongful death of  any 
 a  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) two years from the date of the
death of the plaintiff's decedent, or (2) two 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.   Sections
340.2, 340.5, or 340.81   . 
   (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) Nothing in this section shall be construed to limit, abrogate,
or change the law in effect on the effective date of this section
with respect to actions not based upon exposure to a hazardous
material or toxic substance.
  SEC. 2.  Section 340.81 is added to the Code of Civil Procedure, to
read:
   340.81.  (a) In a civil action for injury or illness based upon
exposure to methane, benzene, mercaptan, or any other hazardous
material or toxic substance resulting from the Southern California
Gas Company Aliso Canyon SS-25 gas leak, the time for commencement of
the action shall be no later than either three years from (1) the
date of injury, or (2) the date the plaintiff was put on inquiry
notice, or through the exercise of reasonable diligence should have
been put on inquiry notice, that an injury was caused or contributed
to by such exposure, whichever occurs later.
   (b) In an action for the wrongful death of a plaintiff's decedent,
based upon exposure to methane, benzene, mercaptan, or any other
hazardous material or toxic substance resulting from the Southern
California Gas Company Aliso Canyon SS-25 gas leak, 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 was put on
inquiry notice, or through exercise of reasonable diligence should
have been put on inquiry notice, that the death was caused or
contributed to by such exposure, whichever occurs later.
   (c) For purposes of this section, media reports regarding the
potential exposure to methane, benzene, mercaptan, or any other
hazardous material or toxic substance resulting from the Southern
California Gas Company Aliso Canyon SS-25 gas leak 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 that exposure.
   (d) This section shall only apply to a plaintiff whose domicile or
residence was located within a 12-mile radius of the Southern
California Gas Company's Aliso Canyon SS-25 facility at any time
between January 1, 2015, and December 31, 2016.