Abstract: Eliminates limitations on the recovery of noneconomic damages related to carbon dioxide sequestration.

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Present law provides for civil liability actions against an owner or operator of a storage facility, carbon dioxide transmission pipeline, or generator of the carbon dioxide being handled by either the facility or pipeline.

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Present law provides that the state shall not assume any liability by assuming ownership of a storage facility under present law. Present law also provides that the commissioner of the Dept. of Natural Resources or his agents are not liable for damages arising out of a good faith effort to carry out the purpose of present law.

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Present law provides that the compensatory damages for noneconomic loss shall not exceed $250,000 per occurrence. Present law further provides that in cases of wrongful death, permanent and substantial physical deformity, loss of use of a limb or bodily organ system, or permanent physical or mental functional injury, the maximum amount recoverable for noneconomic loss cannot exceed $500,000 per occurrence.

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Present law provides that if the application of present law is found to be unconstitutional or invalid, the maximum amount recoverable for noneconomic loss cannot exceed $1 million per occurrence.

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Proposed law removes the limitations of the maximum amount recoverable for noneconomic losses.