Vetoed by Governor Tom Wolf

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that establishes COVID-19 coronavirus liability protections to healthcare practitioners and manufacturers of personal protective equipment (PPE).

Highlights:

• Specifies a release of regulated substances discovered in the course of conducting environmental due diligence shall be presumed to be prior or continuing release on the property (Sec. 4).

• Establishes that lender, fiduciary, or Economic Development Agency can avoid liability under the Environmental Acts by showing evidence that a release or threatened release of Regulated Substances for which the lender, fiduciary or Economic Development Agency otherwise is responsible (Sec. 4).

• Establishes that if the alleged liability for a lender or Economic Development Agency arises after foreclosure and the lender or Economic Development Agency exercised due care with respect to the lender's or Economic Development Agency's knowledge about the regulated substances and took reasonable precautions based upon such knowledge against foreseeable actions of third parties and the consequences arising therefrom, a lender, fiduciary or Economic Development Agency can avoid liability by proving any other defense which may be available to it under the environmental acts or common law (Sec. 6).

• Establishes that an agritourism activity provider shall not be immune from civil liability for injury or damages if any of the following apply (Sec. 23):

• The agritourism activity provider performs an act in a grossly negligent manner and causes injury or damages to a participant;

• The agritourism activity provider purposefully causes the injury or damages to a participant;

• The agritourism activity provider's action or inaction constitutes criminal conduct and causes the injury 18 or damages to a participant; and

• The agritourism activity provider recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant.

• Specifies that a school entity or child-care facility shall not be 30 civilly liable for damages or personal injury relating to actual or alleged exposure to COVID-19, absent a showing, by clear and convincing evidence, of gross negligence, recklessness, willful misconduct, or intentional infliction of harm (Sec. 30). 

• Establishes an act or omission in compliance with, or in a good faith belief that the act or omission is in compliance with, public health directives shall not be considered gross negligence, recklessness, willful misconduct, or intentional infliction of harm (Sec. 30).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that establishes COVID-19 coronavirus liability protections to healthcare practitioners and manufacturers of personal protective equipment (PPE).

Highlights:

• Specifies a release of regulated substances discovered in the course of conducting environmental due diligence shall be presumed to be prior or continuing release on the property (Sec. 4).

• Establishes that lender, fiduciary, or Economic Development Agency can avoid liability under the Environmental Acts by showing evidence that a release or threatened release of Regulated Substances for which the lender, fiduciary or Economic Development Agency otherwise is responsible (Sec. 4).

• Establishes that if the alleged liability for a lender or Economic Development Agency arises after foreclosure and the lender or Economic Development Agency exercised due care with respect to the lender's or Economic Development Agency's knowledge about the regulated substances and took reasonable precautions based upon such knowledge against foreseeable actions of third parties and the consequences arising therefrom, a lender, fiduciary or Economic Development Agency can avoid liability by proving any other defense which may be available to it under the environmental acts or common law (Sec. 6).

• Establishes that an agritourism activity provider shall not be immune from civil liability for injury or damages if any of the following apply (Sec. 23):

• The agritourism activity provider performs an act in a grossly negligent manner and causes injury or damages to a participant;

• The agritourism activity provider purposefully causes the injury or damages to a participant;

• The agritourism activity provider's action or inaction constitutes criminal conduct and causes the injury 18 or damages to a participant; and

• The agritourism activity provider recklessly fails to warn or guard against a dangerous condition that causes injury or damages to a participant.

• Specifies that a school entity or child-care facility shall not be 30 civilly liable for damages or personal injury relating to actual or alleged exposure to COVID-19, absent a showing, by clear and convincing evidence, of gross negligence, recklessness, willful misconduct, or intentional infliction of harm (Sec. 30). 

• Establishes an act or omission in compliance with, or in a good faith belief that the act or omission is in compliance with, public health directives shall not be considered gross negligence, recklessness, willful misconduct, or intentional infliction of harm (Sec. 30).

Full Bill Text