HF 3297

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; clarifying time for 
  1.3             filing an action under MERLA; amending Minnesota 
  1.4             Statutes 1996, section 115B.11. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1996, section 115B.11, is 
  1.7   amended to read: 
  1.8      115B.11 [STATUTE OF LIMITATIONS.] 
  1.9      Subdivision 1.  [ACTION FOR RECOVERY OF COSTS.] An action 
  1.10  for recovery of response costs under section 115B.04, including 
  1.11  recovery of costs and expenses under section 115B.17, 
  1.12  subdivision 6, may be commenced any time after costs and 
  1.13  expenses have been incurred, but no later than six years after 
  1.14  completion of all response actions. 
  1.15     Subd. 2.  [ACTION FOR DAMAGES.] No person may 
  1.16  recover damages pursuant to sections 115B.01 to 115B.15 unless 
  1.17  the action is commenced within six years from the date when the 
  1.18  cause of action accrues.  In determining when the cause of 
  1.19  action accrues for an action to recover damages for death, 
  1.20  personal injury or disease, the court shall consider factors 
  1.21  including the following:  
  1.22     (a) When the plaintiff discovered the injury or loss; 
  1.23     (b) Whether a personal injury or disease had sufficiently 
  1.24  manifested itself; and 
  1.25     (c) When the plaintiff discovered, or using due diligence 
  2.1   should have discovered, a causal connection between the injury, 
  2.2   disease, or loss and the release of a hazardous substance.  
  2.3      Sec. 2.  [EFFECTIVE DATE.] 
  2.4      Section 1 is effective on the day following final enactment 
  2.5   and applies to actions commenced on or after that date.