The bill amends the Natural Resources and Environmental Protection Act by updating the limitation periods for filing actions related to response activity costs and natural resources damages. Specifically, it establishes that actions for recovery of response activity costs and natural resources damages must be initiated not later than 6 years after the start of physical on-site construction activities for the approved remedial action. Additionally, it allows for subsequent actions for recovery of response activity costs to be filed at any time during the response activity, provided they are commenced within 3 years after the completion of all response activities at the facility.
Furthermore, the bill introduces a provision for actions seeking damages related to hazardous substances that were not regulated before July 1, 1994, allowing such actions to be filed within 6 years after the initiation of remedial construction activities. It also clarifies that the limitation period for filing actions for natural resources damages accrued before July 1, 1991, is set to July 1, 1994, and similarly for response activity costs incurred before that date. The bill includes a retroactive application clause to clarify the legislature's original intent.
Statutes affected: Senate Introduced Bill: 324.20140