On toxic substance exposure bill Senate inaction frustrates Jones

The Senate’s failure to act on changes made to legislation that seeks to compensate individuals exposed to toxic substances has paved the road for its automatic rejection by Gov. Pedro P. Tenorio.

This makes the proposed measure, previously introduced as House Bill 12-177 and now HB 12-293, one of the very few bills that were passed by the Legislature and vetoed by the governor twice.

“I am disappointed by the Senate’s failure to act within the 40-day allowable period. The mandated time frame expires today and there is still no action from the Senate,” said Rep. Dino M. Jones who authored the bill.

Mr. Jones said he will re-introduce the bill, with the inclusion of the proposed amendments, in today’s session of the House of Representatives as he vowed to ensure the measure will see final implementation this time.

The congressman manifested frustration primarily because disapproval of the proposed measure came at a time when discussion over the possible relocation of some Tanapag residents is ongoing between his committee and the Office of the Governor.

He pointed out that he has been scheduled to meet with officials from the Department of Public Health, the Division of Environmental Quality and the Office of the Attorney General over issues surrounding Tanapag residents who may be exposed to high PCB levels.

Mr. Jones’ scheduled discussion with DPH, DEQ and AGO officials will focus on the identification of how many Tanapag residents are currently living in areas where PCB contamination is beyond the permissible level.

However, HB 12-293 mentioned of toxic substances in general which, it said, could be produced or disposed of in a manner that may present an unreasonable risk or injury to human health or the environment.

HB 12-293 calls for the compensation of persons exposed to toxic substances for all the damages that may arise from their exposure to such chemicals.

It defines the permissible levels of exposure as the maximum levels determined by the United States federal regulatory agencies like the Environmental Protection Agency, the Occupational Safety and Health Administration and the National Institute for Occupational Safety and Health.

Under the proposed measure, liable parties would be the manufacturer of the toxic substance or any person involved in the storage, cleanup, transportation or disposal of any poisonous chemicals.

Recoverable damages include injury, increased risk of illness, lost income, medical expenses, pain and suffering, emotional distress attributed to the exposure, loss of ability to enjoy life, loss of consortium, loss of ability to procreate and any other direct or indirect effects of the exposure.