[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 375 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 375

 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to restrict the liability under that Act of local 
                         educational agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 19, 1999

Mr. Frelinghuysen introduced the following bill; which was referred to 
    the Committee on Commerce, and in addition to the Committee on 
  Transportation and Infrastructure, for a period to be subsequently 
   determined by the Speaker, in each case for consideration of such 
 provisions as fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 to restrict the liability under that Act of local 
                         educational agencies.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Superfund Liability Exemption for 
Local Education Agencies Act''.

SEC. 2. RESTRICTION ON LIABILITY OF LOCAL EDUCATIONAL AGENCIES.

    Section 107 of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9607) is amended by 
adding at the end the following new subsection:
    ``(o) Restriction on Liability of Local Educational Agencies.--
            ``(1) In general.--No local educational agency shall be 
        liable for any costs or damages under this Act by reason of 
        generation or transportation of solid municipal waste if the 
        amount and toxicity of the substances in the solid municipal 
        waste do not exceed that which a reasonable person would expect 
        to find in solid municipal waste generated by the local 
        educational agency.
            ``(2) Definitions.--For purposes of this subsection the 
        following definitions apply:
                    ``(A) Local educational agency.--The term `local 
                educational agency' shall have the meaning given that 
                term in section 14101(18) of the Elementary and 
                Secondary Education Act of 1965 (20 U.S.C. 8801(18)).
                    ``(B) Solid municipal waste.--The term `solid 
                municipal waste' means solid waste generated by local 
                educational agencies and includes solid waste from 
                commercial, institutional, and industrial sources if 
                the amount and toxicity of the substances in such solid 
                waste do not exceed that which a reasonable person 
                would expect to find in solid waste generated by the 
                local educational agency.''.

SEC. 3. EFFECTIVE DATE.

    The amendment made by section 2 shall apply with respect to any 
response action or suit brought under the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 commenced before, on, 
and after the date of the enactment of this Act, other than an action 
or suit in which a final judgment has been entered by a court before 
such date.
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