SF 2296

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 the liability 
  1.3             of contractors performing certain response and 
  1.4             development actions under MERLA; clarifying time for 
  1.5             filing an action under MERLA; authorizing the 
  1.6             commissioner of the pollution control agency to issue 
  1.7             certificates of completion for construction and for 
  1.8             response actions; amending Minnesota Statutes 1996, 
  1.9             sections 115B.02, by adding a subdivision; 115B.03, by 
  1.10            adding a subdivision; 115B.11; and 115B.17, by adding 
  1.11            a subdivision. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 115B.02, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 2b.  [CONSTRUCTION.] "Construction" means the 
  1.16  implementation of actions such as excavation, building of 
  1.17  structures, installation of equipment or fixtures, and other 
  1.18  physical actions to respond to a release or threatened release, 
  1.19  but does not include operation, maintenance, and monitoring 
  1.20  actions taken after the response action is fully constructed and 
  1.21  operational. 
  1.22     Sec. 2.  Minnesota Statutes 1996, section 115B.03, is 
  1.23  amended by adding a subdivision to read: 
  1.24     Subd. 10.  [CONTRACTORS.] (a) For the purposes of this 
  1.25  subdivision, "contractor" means a person who is not otherwise 
  1.26  responsible for a release or threatened release of a hazardous 
  1.27  substance, or a pollutant or contaminant, and who, under 
  1.28  contract with another person: 
  2.1      (1) performs response actions, including investigative, 
  2.2   removal, or remedial actions to address the release or 
  2.3   threatened release pursuant to a plan approved by the 
  2.4   commissioner; or 
  2.5      (2) performs development actions at the site of the release 
  2.6   or threatened release, such as site preparation, engineering, 
  2.7   construction, and similar actions with respect to which the 
  2.8   commissioner has approved a contingency plan or other conditions 
  2.9   which the commissioner deems necessary to protect public health 
  2.10  or welfare or the environment. 
  2.11     (b) A contractor is not a responsible person for a release 
  2.12  or threatened release solely as the result of performing 
  2.13  response actions to address that release or threatened release 
  2.14  if the contractor performs the response actions in accordance 
  2.15  with a plan approved by the commissioner. 
  2.16     (c) A contractor who performs development actions, such as 
  2.17  site preparation, engineering, construction, or similar actions, 
  2.18  at the site of a release or threatened release is not 
  2.19  responsible for the release or threatened release solely as a 
  2.20  result of performing the development actions if the contractor 
  2.21  performs the development actions in accordance with a 
  2.22  contingency plan or other conditions approved by the 
  2.23  commissioner. 
  2.24     (d) This subdivision shall not apply to a contractor who 
  2.25  causes or contributes to a release or threatened release by an 
  2.26  act or omission that is negligent, grossly negligent, or that 
  2.27  constitutes intentional misconduct. 
  2.28     Sec. 3.  Minnesota Statutes 1996, section 115B.11, is 
  2.29  amended to read: 
  2.30     115B.11 [STATUTE OF LIMITATIONS.] 
  2.31     Subdivision 1.  [ACTION FOR RECOVERY OF COSTS.] (a) An 
  2.32  action for recovery of response costs under section 115B.04, 
  2.33  including recovery of costs and expenses under section 115B.17, 
  2.34  subdivision 6, may be commenced any time after costs and 
  2.35  expenses have been incurred but must be commenced no later than 
  2.36  six years after completion of construction of a response action 
  3.1   as evidenced by a certificate issued under section 115B.17, 
  3.2   subdivision 2b, paragraph (a). 
  3.3      (b) If an action to recover response costs is commenced 
  3.4   within the time required under paragraph (a), and additional 
  3.5   response costs are incurred after the commencement of that 
  3.6   action, nothing in paragraph (a) shall preclude further actions 
  3.7   or proceedings to recover the additional response costs, 
  3.8   provided that the further action or proceeding must be commenced 
  3.9   no later than three years after the completion of all response 
  3.10  actions, including operation, maintenance, and monitoring 
  3.11  actions as evidenced by a certificate issued under section 
  3.12  115B.17, subdivision 2b, paragraph (b). 
  3.13     Subd. 2.  [ACTION FOR DAMAGES.] No person may 
  3.14  recover damages pursuant to sections 115B.01 to 115B.15 unless 
  3.15  the action is commenced within six years from the date when the 
  3.16  cause of action accrues.  In determining when the cause of 
  3.17  action accrues for an action to recover damages for death, 
  3.18  personal injury or disease, the court shall consider factors 
  3.19  including the following:  
  3.20     (a) When the plaintiff discovered the injury or loss; 
  3.21     (b) Whether a personal injury or disease had sufficiently 
  3.22  manifested itself; and 
  3.23     (c) When the plaintiff discovered, or using due diligence 
  3.24  should have discovered, a causal connection between the injury, 
  3.25  disease, or loss and the release of a hazardous substance.  
  3.26     Sec. 4.  Minnesota Statutes 1996, section 115B.17, is 
  3.27  amended by adding a subdivision to read: 
  3.28     Subd. 2b.  [COMPLETION OF RESPONSE ACTION; CONSTRUCTION AND 
  3.29  FINAL CERTIFICATES.] (a) When the commissioner determines that 
  3.30  construction of an action to respond to a release or threatened 
  3.31  release listed pursuant to subdivision 13 has been completed and 
  3.32  that the response action is fully operational, the commissioner 
  3.33  shall issue a certificate of construction completion for the 
  3.34  response action. 
  3.35     (b) When the commissioner determines that all actions to 
  3.36  respond to a release or threatened release listed pursuant to 
  4.1   subdivision 13, including all operation, maintenance, and 
  4.2   monitoring actions, have been completed the commissioner shall 
  4.3   issue a certificate of final completion of response actions. 
  4.4      Sec. 5.  [EFFECTIVE DATE.] 
  4.5      Sections 1 to 4 are effective the day following final 
  4.6   enactment.  Section 2 applies to response actions and 
  4.7   development actions performed after that date.  Section 3 
  4.8   applies to civil actions for recovery of costs commenced on or 
  4.9   after that date.