House Bill No. 5009
House Bill No. 5009
PUBLIC ACT NO. 92-109
AN ACT ADOPTING THE UNIFORM TRANSBOUNDARY
POLLUTION RECIPROCAL ACCESS ACT.
Section 1. (NEW) This act may be cited as the
Uniform Transboundary Pollution Reciprocal Access
Act.
Sec. 2. (NEW) As used in this act:
(1) "Reciprocating jurisdiction" means a
state of the United States of America, the
District of Columbia, the Commonwealth of Puerto
Rico, a territory or possession of the United
States of America, or a province or territory of
Canada, which has enacted this act or provides
substantially equivalent access to its courts and
administrative agencies.
(2) "Person" means an individual person,
corporation, business trust, estate, trust,
partnership, association, joint venture,
government in its private or public capacity,
governmental subdivision or agency, or any other
legal entity.
Sec. 3. (NEW) An action or other proceeding
for injury or threatened injury to property or
person in a reciprocating jurisdiction caused by
pollution originating, or that may originate, in
this jurisdiction may be brought in this
jurisdiction.
Sec. 4. (NEW) A person who suffers, or is
threatened with, injury to his person or property
in a reciprocating jurisdiction caused by
pollution originating, or that may originate, in
this jurisdiction has the same rights to relief
with respect to the injury or threatened injury,
and may enforce those rights in this jurisdiction
as if the injury or threatened injury occurred in
this jurisdiction.
Sec. 5. (NEW) The law to be applied in an
action or other proceeding brought pursuant to
this act, including what constitutes "pollution",
is the law of this jurisdiction excluding choice
of law rules.
Sec. 6. (NEW) This act does not accord a
person injured or threatened with injury in
another jurisdiction any rights superior to those
that the person would have if injured or
threatened with injury in this jurisdiction.
Sec. 7. (NEW) The right provided in this act
is in addition to and not in derogation of any
other rights.
Sec. 8. (NEW) The defense of sovereign
immunity is applicable in any action or other
proceeding brought pursuant to this act only to
the extent that it would apply to a person injured
or threatened with injury in this jurisdiction.
Sec. 9. (NEW) This act shall be applied and
construed to carry out its general purpose to make
uniform the law with respect to the subject of
this act among jurisdictions enacting it.