Committee advances PFAS liability bill with gross-negligence standard amid concerns over notice
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Summary
A committee substitute for a PFAS-related bill (LC4929006/HB211) setting a gross-negligence standard was advanced; members raised questions about stakeholder input, definitional clarity for "gross negligence" and "quasi-criminal," and public notice before debate.
Representative Kelly presented a committee substitute for HB211 (LC4929006), proposing a gross-negligence standard for certain PFAS civil claims. He described the effort as an attempt to balance individuals' rights to seek redress with an appropriate legal standard for PFAS receivers.
Representative Evans and other members asked whether environmental, scientific and community stakeholders had been consulted; Kelly said he had not consulted specific groups and relied on prior committee debates and testimony. Committee members pressed for clarity on the bill's definitions, including whether "gross negligence" was being redefined and what "quasi-criminal" meant in the proposed text.
Representative Kelly said the substitute attempts to create workable parameters for a common-law-derived standard, but he could not cite decided cases during the hearing. After discussion, a motion to pass the committee substitute was made and the committee approved the bill by voice vote to send it on to rules.
Next steps: The bill will be considered by the rules committee and may be scheduled for floor action.
