HF 3117

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; further clarifying the 
  1.3             statute of limitations for actions to recover response 
  1.4             costs under the Minnesota Environmental Response and 
  1.5             Liability Act; amending Minnesota Statutes 2000, 
  1.6             section 115B.11, by adding subdivisions. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 115B.11, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 3a.  [DISCOVERY NOT TO BE CONSIDERED.] In determining 
  1.11  the timeliness of any action commenced on or after April 1, 
  1.12  1998, for recovery of response costs for a release under section 
  1.13  115B.04, including recovery of costs and expenses under section 
  1.14  115B.17, subdivision 6: 
  1.15     (1) the only factor that the court shall consider is 
  1.16  whether physical on-site construction of a response action 
  1.17  occurred within six years preceding the commencement of the 
  1.18  action; and 
  1.19     (2) the court shall not consider when the release was 
  1.20  discovered or when costs were first incurred to respond to the 
  1.21  release. 
  1.22     Sec. 2.  Minnesota Statutes 2000, section 115B.11, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 5.  [LEGISLATIVE INTENT CLARIFIED AND 
  1.25  EFFECTUATED.] (a) Subdivision 3a and Laws 1998, chapter 341, 
  1.26  sections 2 and 5, shall be construed as a clarification of the 
  2.1   intent of the legislature when it enacted the statute of 
  2.2   limitations for actions for recovery of response costs in Laws 
  2.3   1983, chapter 121, section 11, and when it suspended all 
  2.4   statutes of limitation applicable to recovery of environmental 
  2.5   response costs for qualified facilities in Laws 1994, chapter 
  2.6   639, article 1, section 3. 
  2.7      (b) Any claim for recovery of response costs commenced on 
  2.8   or after April 1, 1998, that has been determined to be 
  2.9   time-barred by a court based upon a statutory construction 
  2.10  inconsistent with subdivision 3a, or with the intent expressed 
  2.11  in paragraph (a), is revived. 
  2.12     Sec. 3.  [EFFECTIVE DATE.] 
  2.13     This act is effective the day following final enactment and 
  2.14  applies to actions for recovery of response costs commenced on 
  2.15  or after April 1, 1998.