Safe Drinking Water and Toxic Enforcement Act of 1986: settlements: attorney’s fees.
Vote required
Two Thirds
Fiscal committee
No
Appropriation
No
Current location
Passed
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill modifies the Safe Drinking Water and Toxic Enforcement Act of 1986 to clarify the process for settling lawsuits related to violations of the act. Specifically, it requires the court to find that a settlement provides a public benefit and is in the public interest, and that the settlement’s attorney’s fees are reasonable. It also mandates that the court determine if a settlement requires the defendant to reduce exposure or provide a warning if one wasn’t previously offered, and establishes a procedure for court approval of attorney’s fees in cases where the Attorney General objects.
Key provisions
- Requires courts to find settlements provide public benefit and are in the public interest.
- Mandates courts to determine if settlements require defendants to reduce exposure or provide warnings.
- Establishes a process for court approval of attorney’s fees, including a review by the Attorney General.
- Requires settlements to be submitted to the court for approval upon notice.
- Adds a requirement that the court find the settlement provides a public benefit and is in the public interest.
- Addresses attorney’s fees in cases where the Attorney General objects to the settlement.
- Specifies conditions under which a settlement can be avoided through a payment of a civil penalty.
- Clarifies the requirements for providing notice of alleged violations to the Attorney General.
Who is affected
- Businesses subject to the Safe Drinking Water and Toxic Enforcement Act
Bill text
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Sponsors
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1 on record
Primary sponsor
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