§ 27-1321. Protection against liability.

1. Notwithstanding any other provision of law to the contrary, any
person who is, by professional training or experience and attainment,
qualified to analyze and interpret matters pertaining to the treatment,
storage, disposal, or transport of hazardous materials or hazardous
wastes, and who voluntarily and without expectation of monetary
compensation provides assistance or advice in mitigating the effects of
an accidental or threatened discharge of any hazardous materials or
hazardous wastes, or in preventing, cleaning up, or disposing of any
such discharge, shall not be subject to a penalty or to civil liability
for damages or injuries alleged to have been sustained by any person or
entity by reason of an act or omission in the giving of such assistance
or advice. For the purposes of this section, the term "hazardous
materials" shall have the same meaning as that term is defined in
regulations promulgated by the commissioner of transportation pursuant
to section fourteen-f of the transportation law, and the term "hazardous
wastes" shall mean those wastes identified or listed pursuant to section
27-0903 of this article and any rules and regulations promulgated
thereunder.

2. Nothing in subdivision one of this section shall be deemed or
construed to relieve from liability for damages or injuries any person
who: (a) is alleged to have caused said damages or injuries as the
result of gross negligence, or reckless, wanton or intentional
misconduct, or (b) is under a legal duty to respond to the incident, or
(c) receives compensation other than reimbursement for out-of-pocket
expenses for services in rendering assistance or advice.

3. Notwithstanding any other provision of law to the contrary, the
liability of any person designing, implementing or otherwise performing
services related to an inactive hazardous waste disposal site remedial
program or related to cleanup or restorative work which is conducted
pursuant to a contract with the department or pursuant to an order of
the department, the department of health or a court, for any injury to a
person or property caused by or related to such services shall be
limited to acts or omissions of the person during the course of
performing such services which are shown to have been the result of
negligence, gross negligence or reckless, wanton or intentional
misconduct. Notwithstanding any other provision of law, when (i) a
verdict or decision in an action or claim for injury to a person or
property caused by or related to such services is determined in favor of
a claimant in an action involving a person performing such services and
any other person or persons jointly liable, and (ii) the liability of
the person performing such services is found to be fifty percent or less
of the total liability assigned to all persons liable, and (iii) the
liability of the person performing such services is not based on a
finding of reckless disregard for the safety of others, or intentional
misconduct, then the liability of the person performing such services to
the claimant for loss relating to injury to property and for
non-economic loss relating to injury to a person shall not exceed the
equitable share of the person performing such services determined in
accordance with the relative culpability of each person causing or
contributing to the total liability for such losses; provided, however,
that the culpable conduct of any person not a party to the action shall
not be considered in determining any equitable share herein if the
claimant proves that with due diligence the claimant was unable to
obtain jurisdiction over such person in said action. As used in this
section, the term "non-economic loss" includes but is not limited to
pain and suffering, mental anguish, loss of consortium or other damages
for non-economic loss. However, nothing in this subdivision shall be
deemed to alter, modify or abrogate the liability of any person
performing such services for breach of any express warranty, limited or
otherwise, or an express or implied warranty under the uniform
commercial code, or to an employee of such person pursuant to the
workers' compensation law, or relieve from liability, including
liability for the costs of cleanup, the owner or any person who is a
person responsible for the disposal of hazardous wastes at the site,
pursuant to section 27-1313 of this article.