Bill Summary for H 593 (2015-2016)

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Summary date: 

Apr 7 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 593 (Public) Filed Thursday, April 2, 2015
Intro. by McElraft.

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Bill summary

Amends GS 143-215.94V(e) concerning reimbursement or payment of costs associated with the cleanup and assessment of underground storage tanks, adding language providing requirements to be eligible for reimbursement of damages arising from a third-party claim for bodily injury or property awarded in a final adjudicated judgment, providing that an owner or operator must (1) notify the Department of Environment and Natural Resources (DENR) of any such claim; (2) provide DENR with all related documents and pleadings of any filed lawsuit; and (3) provide DENR with copies of all specified reports, including medical reports and statements and investigative reports necessary to determine if such a claim is reasonable and necessary. Sets out limitations for damages arising from a third-party claim for bodily injury or property awarded pursuant to a finally adjudicated judgment. 

Amends GS 143-215.94A, adding and defining the following new terms: third party, third-party bodily injury or bodily injury, and third-party property damage or property damage for use in GS Chapter 143, Article 21A, Oil Pollution and Hazardous Substances Control, Part 2A and 2B.

Amends GS 143-215.94B and GS 143-215.94D concerning claims for funds from the Commercial and Noncommercial Leaking Petroleum Underground Storage Tank Cleanup Funds, providing that any claims for third-party property damage must be based on the rental costs of comparable property during the period of loss of use up to an amount equal to the fair market value. Also provides that in regards to property that is destroyed as a result of a petroleum release, reimbursement will be at an amount necessary to replace or repair the destroyed property.