Section 1. Definitions. For purposes of this section, the following terms are defined as follows:

1. “Governmental entity” means an officer, agency, or instrumentality of the federal government, this state, or a political subdivision of the state. 
2. “Illegal product” means a product, the possession of which by the party alleged to be creating the nuisance is specifically prohibited by a federal or state statute, including but not limited to [state uniform controlled substances act]. 
3. “Special Injury” means an injury that is different in kind, not just in degree, from an injury sustained by the general public exercising the same public right. A special injury is not one based upon impairment of the spiritual, cultural, or emotional significance associated with a water, land, or air.

Section 2. Public Nuisance  Shall Not Include. 

• (A) In addition to any other claim, action, or condition determined by the courts applying the common law not to constitute or give rise to a cause of action for public nuisance, and notwithstanding any provision of law to the contrary, the following list of actions or conditions shall not be considered a public nuisance or otherwise form the basis for a public nuisance cause of action:
  1. The design, manufacturing, distributing, selling, labeling, packaging, or marketing of a product sold in commerce, except an illegal product; or 
  2. An action or condition that is authorized, approved, licensed, or mandated by  statute, ordinance, regulation, permit, license, order, rule, or other similar measure issued, adopted, promulgated, or approved by a governmental entity. 

Section 3. Public Nuisance Action by Governmental Entity 

• (A) A public nuisance cause of action may be brought by, on the relation of, or in the name of a political subdivision of this state, or any body or officer thereof, only if the alleged public nuisance is wholly contained within the jurisdiction of that political subdivision.  
• (B) In all circumstances other than subsection (A), of this Section, no government agency or officer other than the Attorney General may bring a public nuisance cause of action under the laws of this State. 
• (C) In a public nuisance action under this Section, the plaintiff shall have the burden of proving, by a preponderance of the evidence, that the defendant’s actions were the proximate cause of the alleged public nuisance.
• (D) Under this Section, a plaintiff may only seek:
  1.  Injunctive relief; and
  2. Monetary and nonmonetary resources that a court determines are reasonably necessary to abate the public nuisance.

Section 4. Public Nuisance Action by Private Person 

• (A) A public nuisance claim may be brought by a private person only if that person has sustained a special injury proximately caused by the defendant’s conduct, and only if the person proves, by clear and convincing evidence, the existence of the special injury caused by the defendant.
• (B) A public nuisance claim by a private person may only be brought by verified complaint, counterclaim, or third-party claim that pleads each element with particularity as required by [the State Rule of Civil Procedure consistent with Rule 9 of the Federal Rules of Civil Procedure].
• (C) Financial expenditures made by a private person related to an injunction of, or any other response to, a public nuisance does not constitute a special injury sufficient to confer standing on the person to file or maintain a public nuisance action. 
• (D) The remedy available to a private person in a public nuisance action is limited solely to compensatory damages for the special injury that are not otherwise reimbursed by a governmental entity, as defined in Section 1(B)(1). 
• (E) The abatement of a public nuisance by the defendant does not preclude the right of a person to recover compensatory damages under this section. 
• (F) A private person may not bring a class action for a public nuisance. 

Section 5. Preemption 

It is the intent of the Legislature that this Act abrogates the common law of public nuisance in this state to the extent the common law is inconsistent with this Act. 

Section 6. Effective Date and Effect on Statute of Limitations 

• (A) Section 3 of this Act shall apply to all claims that are pending on or after theeffective date of this Act. If a pending public nuisance claim can only be brought by the Attorney General following the effective date of this act, the Attorney General shall be automatically substituted as the Plaintiff under [the State Rule of Civil Procedure consistent with Rule 25(d) of the Federal Rules of Civil Procedure]. 
• (B) Nothing in this act extends or reopens the statute of limitations applicable to a claim for public nuisance that arose before the effective date of this act. 

Section 7. Severability