HF 2794

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/09/2023 12:50pm

A bill for an act
relating to civil actions; authorizing a cause of action for the remedy of medical
monitoring; proposing coding for new law in Minnesota Statutes, chapter 604.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [604.112] MEDICAL MONITORING FOR EXPOSURE TO PROVEN
TOXIC SUBSTANCES.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the following terms have
the meanings given.
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new text begin (b) "Disease" means any disease, illness, ailment, or adverse physiological or chemical
change linked to exposure to a proven toxic substance.
new text end

new text begin (c) "Establishment" means any premises used for any of the following purposes: trade,
business, professional, vocational, commercial, charitable, or governmental.
new text end

new text begin (d) "Exposure" means ingestion, inhalation, or absorption through any bodily surface.
new text end

new text begin (e) "Facility" means all contiguous land, structures, other appurtenances, and
improvements on the land where proven toxic substances are manufactured, processed,
used, or stored. A facility may consist of several treatment, storage, or disposal operational
units. A facility shall not include land, structures, other appurtenances, and improvements
on the land owned by a municipality.
new text end

new text begin (f) "Government entity" has the meaning given in section 13.02, subdivision 7.
new text end

new text begin (g) "Large facility" means a facility where an activity within a North American Industrial
Classification System (NAICS) code of 21, 22, 31 to 33, 48, or 49 is conducted or was
conducted:
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new text begin (1) where, at any one time, ten or more full-time or full-time equivalent employees have
been employed; or
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new text begin (2) that is owned or operated by a person who, when all facilities or establishments that
the person owns or controls are aggregated, has employed 500 employees at any one time.
new text end

new text begin (h) "Medical monitoring" means a program of medical tests or procedures for the purpose
of early detection of signs or symptoms of a latent disease resulting from exposure.
new text end

new text begin (i) "Municipality" has the meaning given in section 469.110, subdivision 4.
new text end

new text begin (j) "Operator" means a person who manages, conducts, or directs the operations of a
facility.
new text end

new text begin (k) "Owner" means a person who owns or controls a facility. Owner does not include a
person who without participating in the management of the facility holds indicia of ownership
primarily to protect a security interest.
new text end

new text begin (l) "Person" means any individual, partnership, corporation, association, unincorporated
association, joint venture, trust, government entity, federal agency, or any other legal or
commercial entity.
new text end

new text begin (m) "Proven toxic substance" means:
new text end

new text begin (1) any substance, mixture, or compound that may cause personal injury or disease to
humans and that satisfies one or more of the following:
new text end

new text begin (i) the substance, mixture, or compound is listed on the United States Environmental
Protection Agency Consolidated List of Chemicals Subject to the Emergency Planning and
Community Right-To-Know Act, Comprehensive Environmental Response, Compensation
and Liability Act, and the Clean Air Act, United States Code, title, 42, chapter 85, section
112(r), as amended;
new text end

new text begin (ii) the substance, mixture, or compound is defined as a pollutant or contaminant, as
those terms are defined in section 115B.02;
new text end

new text begin (iii) testing has produced evidence, recognized by the National Institute for Occupational
Safety and Health or the United States Environmental Protection Agency, that the substance,
mixture, or compound poses acute or chronic health hazards;
new text end

new text begin (iv) the commissioner of health has issued a public health advisory for the substance,
mixture, or compound; or
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new text begin (v) exposure to the substance, mixture, or compound is shown by expert testimony to
increase the risk of developing a latent serious disease;
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new text begin (2) and does not include:
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new text begin (i) a pesticide when applied consistently in adherence to best practices; in conformity
with federal, state, and local laws, rules, and regulations; and according to the manufacturer's
instructions; or
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new text begin (ii) ammunition or components of ammunition; firearms; air rifles; discharge of firearms
or air rifles; hunting equipment or components of hunting equipment; or fishing equipment
or components of fishing equipment.
new text end

new text begin (n) "Release" means any act or omission that allows a proven toxic substance to enter
the air, land, surface water, or groundwater.
new text end

new text begin (o) "Serious disease" means a disease that has the potential to cause death, disability, or
chronic pain.
new text end

new text begin (p) "Tortious conduct" or "tortious" means negligence, trespass, nuisance, product
liability, or common law liability for ultrahazardous or abnormally dangerous activity.
new text end

new text begin Subd. 2. new text end

new text begin Cause of action. new text end

new text begin A person without a present injury or disease shall have a cause
of action for the remedy of medical monitoring against a person who is the owner or operator
of a large facility from which a proven toxic substance was released if all of the following
are demonstrated by a preponderance of the evidence:
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new text begin (1) exposure:
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new text begin (i) at a rate significantly greater than the general population;
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new text begin (ii) to a proven toxic substance;
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new text begin (iii) as a result of tortious conduct of the defendant;
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new text begin (2) as a proximate result of the exposure, the plaintiff has an increased risk of contracting
a serious disease;
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new text begin (3) the increased risk of contracting a serious disease makes it medically necessary for
the plaintiff to undergo periodic medical examination different from that prescribed for the
general population in the absence of exposure; and
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new text begin (4) monitoring procedures exist that are reasonable in cost and safe for use.
new text end

new text begin Subd. 3. new text end

new text begin Award. new text end

new text begin If the cost of medical monitoring is awarded, a court shall order the
defendant found liable to pay the award to a court-supervised medical monitoring program
administered by one or more appropriate health professionals, including professionals with
expertise in exposure to toxic substances or expertise with treating or monitoring the relevant
latent disease or diseases. The court shall award reasonable attorney fees, costs, and
disbursements to a prevailing plaintiff under this section.
new text end

new text begin Subd. 4. new text end

new text begin Exclusivity; other remedies. new text end

new text begin (a) This section shall be the exclusive remedy
for a person without a present injury to bring a cause of action to seek medical monitoring
due to exposure to a proven toxic substance.
new text end

new text begin (b) Except as provided under paragraph (a), nothing in this section shall be deemed to
preclude any other civil or injunctive remedy or defense available under statute or common
law, including the right of any person to seek to recover for damages related to the
manifestation of a latent disease. The remedies and defenses in this chapter are in addition
to those provided by existing statutory or common law.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2023, and applies to causes
of action accruing on or after that date.
new text end