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Witnesses urge caution on House Bill 126—s public-nuisance changes; committee adopts subbill clarifying language
Summary
Opponents warned the bill could unintentionally foreclose existing statutory pathways for governments to recover cleanup or contamination costs; the committee adopted a substitute subbill intended to clarify certain provisions and then closed the third hearing.
Dustin Herman, a product-liability attorney representing the Ohio Association for Justice, urged the House Judiciary Committee to slow down and refine House Bill 126 to avoid unintended consequences for public-nuisance and statutory remediation claims.
Herman said public-nuisance law historically enables governments and communities to hold corporations accountable for costs of contamination and disasters. He asked the committee to ensure any statutory changes include guardrails rather than foreclose statutory pathways. "My plea is that the general assembly and this committee does not rush to make a law with unintended consequences," he said, and he thanked the committee for an amendment in the sub bill that he said "improves the bill."
Vice Chair Matthews moved to accept the substitute bill (sub bill L-1306-02632) for House Bill 126; the committee heard an explanation from Vice Chair Matthews that the sub bill clarifies specified provisions (including clarifying language in the legislative intent section and a provision noted by witnesses relating to contamination or pollution claims). With no objections recorded, the chair announced the substitute would become the bill and concluded the third hearing for House Bill 126.
Why it matters: Witnesses representing trial-law and municipal interests raised concerns that overly broad prohibitions on public-nuisance claims could prevent governments and taxpayers from seeking remediation costs under existing statutory frameworks. The sub bill adopted at the hearing included clarifying language the witnesses had requested but some witnesses asked for further improvements.
Ending: The committee adopted the sub bill and closed the third hearing; witnesses urged additional amendments to ensure governmental remedy paths remain available and to keep appropriate guardrails on litigation.
