Sec. 1. 14 MRSA §159-D is enacted to read:

§159-D.__Limited liability for environmental damage

1.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Damage" means damage to the air, land or water of the State or any other environmental damage subject to civil or administrative action by a private person or department or agency of the State.

B.__"Person" means an owner, lessee, manager or occupant of or holder of an easement over premises.

C.__"Premises" has the same meaning as in section 159-A, subsection 1, paragraph A.

2.__Limited liability.__A person who would otherwise be a responsible party for damage to a premises is not liable for the damage if the person can establish by a preponderance of the evidence that the damage was caused solely by an unauthorized act or omission of a 3rd party who is not that person's employee or agent.__ A person seeking relief from liability for the acts or omission of a 3rd party causing damage to the premises must demonstrate by a preponderance of the evidence that the person exercised due care and took precautions with respect to foreseeable acts or omissions by 3rd parties or the consequences that could foreseeably result from such acts or omissions in light of all relevant facts and circumstances.__For purposes of this subsection, a person may demonstrate the exercise of due care if the person did not know or have reason to know that a 3rd party was causing the damage.

Sec. 2. 17-A MRSA §111 is enacted to read:

§111.__Environmental damage caused by 3rd party

1.__It is an affirmative defense when a person who would otherwise be a responsible party for damage to a premises can establish by a preponderance of the evidence that the damage was caused solely by an unauthorized act or omission of a 3rd party who is not that person's employee or agent.__A person pleading the affirmative defense must demonstrate by a preponderance of the evidence that the person exercised due care and took precautions with respect to foreseeable acts or omissions by 3rd parties or the consequences that could foreseeably result from