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SF 440

A bill for an act imposing fines for hazardous conditions caused by a person having control over a hazardous substance, providing penalties, and making appropriations.

2025-2026 Regular Session Introduced by Claire Celsi and 6 co-sponsors

SF 440 adds a 10% fine on costs and damages from hazardous conditions caused by those with control of hazardous substances, funding natural resources and outdoor recreation.

Subcommittee: Evans, Westrich, and Zimmer.
#appropriations #chemicals #fines #hazardousmaterials #naturalresourcesdepartment #pollution #trustandagencyfunds
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Bill Summary · SF 440

Summary: SF 440 (Introduced Feb. 25, 2025)

Overview

SF 440 adds a new monetary penalty for hazardous conditions caused by a person who has control over a hazardous substance. In addition to existing liability for costs and damages, the bill imposes a fine equal to 10% of those costs and damages. The collected fines are deposited into the natural resources account of the Natural Resources and Outdoor Recreation Trust Fund to be used for purposes consistent with that account (conservation, recreation, education, and related activities).

Status and process notes:
- Introduced: February 25, 2025
- Referred to: Natural Resources and Environment
- Subcommittee: Evans, Westrich, and Zimmer (meeting date: March 3, 2025)
- Primary sponsors: Weiner, Staed, Zimmer, Townsend, Dotzler, Celsi, Donahue

Key Provisions

  • Liability framework: Under current law, a person with control over a hazardous substance is strictly liable for costs and damages arising from a hazardous condition caused by that person.
  • New fine: SF 440 adds a separate fine set at 10% of the total costs and damages resulting from the hazardous condition.
  • Revenue destination: The fine collected must be deposited into the natural resources account of the Natural Resources and Outdoor Recreation Trust Fund.
  • Use of funds: Amounts in the natural resources account must be used in a manner permitted for that account, supporting a broad suite of natural resources and outdoor initiatives described below.

Financial Implications and Allocation

  • Fine amount: 10% of the total costs and damages awarded or incurred due to the hazardous condition.
  • Allocation: All collected fines go to the natural resources account within the Natural Resources and Outdoor Recreation Trust Fund.
  • Permissible uses (natural resources account):
    • Establishment, restoration, or enhancement of state parks, state preserves, state forests, wildlife areas, wildlife habitats, native prairies, wetlands
    • Promotion of wildlife diversity and recreational purposes
    • Technical assistance and financial incentives to private landowners for managing forests, fisheries, wetlands, and wildlife
    • Improvement of water trails, rivers, and streams
    • Education and outreach related to natural history and outdoor activities

Affected Parties

  • Primary liable party: Individuals or entities that have control over a hazardous substance and cause a hazardous condition. They would face an added 10% fine on top of existing liability for costs and damages.
  • Public beneficiaries: State parks, forests, preserves, wildlife areas/habitats, wetlands, and related outdoor recreation and conservation programs funded via the natural resources account.

Procedural and Timeline Aspects

  • Introduction and referral: Bill introduced February 25, 2025; referred to Natural Resources and Environment.
  • Subcommittee stage: Subcommittee on SF 440 includes Evans, Westrich, and Zimmer; meeting occurred March 3, 2025.
  • No final status provided here: As of the latest available information, the bill is in subcommittee review; further committee action would be required for passage.

Sponsors

  • Primary sponsors: Weiner, Staed, Zimmer, Townsend, Dotzler, Celsi, Donahue

This bill would create a new funding stream for natural resources and outdoor recreation initiatives by imposing a 10% fine on the costs and damages arising from hazardous conditions caused by those in control of hazardous substances, with the proceeds dedicated to conservation, recreation, and educational programs within the Natural Resources and Outdoor Recreation Trust Fund.

Compiled from official sources — confirm details with the bill’s official record.

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