Commercial sites exceeding heat limits would pause during alerts

The Department must require an affected operation to stop until it reduces its heat impact below the threshold. The Department must find that the operation raises outdoor temperatures in a residential community by more than 2°F. The rule applies during a heat advisory or extreme heat warning for the affected area. Facilities in areas zoned for heavy industrial use are exempt, except data centers. The stop must last for the alert unless the operation demonstrates compliance. The Act would be implemented six months after the Department publishes its regulations or 24 months after enactment, whichever comes first.

Covered operations must assess and record their heat impacts and send data to the Department when asked. These duties apply to commercial operations covered by the chapter, including facilities the Department finds have a measurable heat impact on a residential community. The Department must set standard ways to measure or model heat impacts, create a public system for complaints and temperature data, and publish compliance guidance. The Act would be implemented six months after the Department publishes its regulations or 24 months after enactment, whichever comes first.

The Department may penalize violations, and a person harmed by a violation may sue. The penalties apply to commercial operations that violate the chapter; the right to sue belongs to a person harmed by a violation. Civil penalties may be up to $10,000 per day. The Department may also order a shutdown and impose added penalties for repeated or willful violations. A lawsuit may seek remedies available under state law, including compensation, punitive damages, or a court order. The Act would be implemented six months after the Department publishes its regulations or 24 months after enactment, whichever comes first.