HF 3297

2nd Engrossment - 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; requiring public notice 
  1.4             of proposed response actions; amending Minnesota 
  1.5             Statutes 1996, sections 115B.02, by adding a 
  1.6             subdivision; 115B.11; and 115B.17, by adding a 
  1.7             subdivision. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1996, section 115B.02, is 
  1.10  amended by adding a subdivision to read: 
  1.11     Subd. 4a.  [CONSTRUCTION.] "Construction" means actions 
  1.12  taken after the selection of remedial actions such as 
  1.13  excavation, building of structures, installation of equipment or 
  1.14  fixtures, and other physical actions to respond to a release or 
  1.15  threatened release. 
  1.16     Sec. 2.  Minnesota Statutes 1996, section 115B.11, is 
  1.17  amended to read: 
  1.18     115B.11 [STATUTE OF LIMITATIONS.] 
  1.19     Subdivision 1.  [ACTION FOR RECOVERY OF COSTS.] (a) An 
  1.20  action for recovery of response costs under section 115B.04, 
  1.21  including recovery of costs and expenses under section 115B.17, 
  1.22  subdivision 6, may be commenced any time after costs and 
  1.23  expenses have been incurred but must be commenced no later than 
  1.24  six years after initiation of physical on-site construction of a 
  1.25  response action. 
  1.26     (b) A party prevailing in an action commenced within the 
  2.1   time required under paragraph (a) shall be entitled to a 
  2.2   declaratory judgment of liability for all future reasonable and 
  2.3   necessary costs incurred by that party to respond to the release 
  2.4   or threatened release, including costs and expenses under 
  2.5   section 115B.17, subdivision 6. 
  2.6      Subd. 2.  [ACTION FOR DAMAGES.] No person may 
  2.7   recover damages pursuant to sections 115B.01 to 115B.15 unless 
  2.8   the action is commenced within six years from the date when the 
  2.9   cause of action accrues.  In determining when the cause of 
  2.10  action accrues for an action to recover damages for death, 
  2.11  personal injury or disease, the court shall consider factors 
  2.12  including the following:  
  2.13     (a) When the plaintiff discovered the injury or loss; 
  2.14     (b) Whether a personal injury or disease had sufficiently 
  2.15  manifested itself; and 
  2.16     (c) When the plaintiff discovered, or using due diligence 
  2.17  should have discovered, a causal connection between the injury, 
  2.18  disease, or loss and the release of a hazardous substance.  
  2.19     Sec. 3.  Minnesota Statutes 1996, section 115B.17, is 
  2.20  amended by adding a subdivision to read: 
  2.21     Subd. 2b.  [PUBLIC NOTICE OF PROPOSED RESPONSE 
  2.22  ACTIONS.] Before selecting a remedial action to respond to a 
  2.23  release or threatened release listed pursuant to subdivision 13, 
  2.24  the commissioner shall give written notice of the proposed 
  2.25  remedial action to the public by publication of a notice in a 
  2.26  newspaper of general circulation in the affected area, and 
  2.27  provide an opportunity for submission of comments on the 
  2.28  proposed remedial action.  The notice shall also be given by 
  2.29  certified mail to all persons known to the commissioner at the 
  2.30  time of the notice who the commissioner has reason to believe 
  2.31  are responsible for the release or threatened release, including 
  2.32  all persons who have previously received a request for response 
  2.33  action under subdivision 1 with respect to the release or 
  2.34  threatened release. 
  2.35     Sec. 4.  [EFFECTIVE DATE.] 
  2.36     Sections 1 to 3 are effective the day following final 
  3.1   enactment.  Section 2 applies to actions for recovery of costs 
  3.2   commenced on or after that date.  Response costs incurred before 
  3.3   the effective date of section 2 are recoverable in an action 
  3.4   commenced on or after the effective date of section 2 only if 
  3.5   physical on-site construction of the response action was 
  3.6   initiated not more than six years before the cost recovery 
  3.7   action is commenced.