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 these costs must be initiated not later than 6 years after the start of physical on-site construction activities for remedial actions approved by the department. Additionally, it allows for subsequent actions related to response activity costs to be filed at any time during the response activity, provided they are initiated within 3 years of completing all response activities at the facility. A new provision is also added for actions seeking damages related to hazardous substances that were not regulated before July 1, 1994, which must be filed within 6 years of the initiation of remedial construction activities.
Furthermore, the bill clarifies that the limitation period for filing actions for natural resources damages that accrued before July 1, 1991, is set to July 1, 1994. It also specifies that the same date applies to recovery of response activity costs incurred before July 1, 1991. The bill includes a curative provision indicating that this clarification is intended to reflect the original legislative intent and applies retroactively.
Statutes affected: House Introduced Bill: 324.20140