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.