HB380 Alabama 2015 Session

Updated Feb 26, 2026

Notable

Summary

Primary Sponsor: Danny GarrettRepresentative
Republican
Session: Regular Session 2015
Title: Civil immunity, provided to response action contractors responding to hazardous materials discharged, civil immunity to responders to oil spills, includes gasoline spills, Secs. 6-5-332.1, 6-5-332.2 am'd.
Summary: HB380 extends civil immunity to responders handling hazardous materials and oil spills while clarifying liability rules, including gasoline being treated as oil.
What This Bill Does
It adds civil immunity for people who provide assistance or advice in mitigating hazardous material discharges, even if they are paid for services. Immunity applies as long as their actions do not cause the original or additional discharges and they are not receiving payment beyond reimbursement for out-of-pocket expenses. It also clarifies that gasoline is included in the definition of oil for oil spill immunity. For oil spills, it protects responders from removal cost or damages liability when actions follow the National Contingency Plan or are directed by the Federal On-Scene Coordinator or state officials, with specified exceptions for responsible parties and certain forms of harm or negligence.

Who It Affects
Response action contractors and other responders to hazardous materials discharges, who would gain civil immunity for providing assistance or advice, subject to certain exclusions and conditions.
Responsible parties in oil spill situations (e.g., vessel owners/operators, onshore/offshore facility owners/operators, pipelines, etc.) and other parties involved in oil spill response, who face liability limitations for removal costs or damages when following the National Contingency Plan or OSC/state directions, with certain exceptions.

Key Provisions
Immunity under 6-5-332.1 for those who provide assistance or advice in mitigating or cleaning up hazardous materials discharges, even if paid, subject to exclusions.
Immunity not available if the act or omission caused the original or any additional discharge, or if the person receives compensation beyond reimbursement of out-of-pocket expenses.
Immunity does not apply to gross negligence, reckless, wanton, or intentional misconduct.
Gasoline is included in the definition of oil for immunity purposes in oil spill responses.
Under 6-5-332.2, a person is not liable for removal costs or damages for actions taken to render care or advice consistent with the National Contingency Plan or directed by the OSC or state officials, with exceptions.
Exceptions include liability of a responsible party; liability for personal injury or wrongful death; gross negligence or willful misconduct; or acts that proximate cause the discharge.
A responsible party remains liable for removal costs and damages that others are relieved of.
Effective date: becomes law on the first day of the third month after the Governor signs the act.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Civil Immunity