AN ACT CLARIFYING THAT CERTAIN CIVIL ACTIONS RELATING TO GROUNDWATER CONTAMINATION ARE NOT SUBJECT TO THE TEN-YEAR STATUTE OF REPOSE SET FORTH IN G.S. 1-52.
House amendments make the following changes to the 3rd edition.
Changes the long title.
Amends proposed GS 130A-26.3, Limitations period for certain groundwater contamination actions, deleting language that required the claimant's last exposure to contaminated groundwater to have occurred before June 19, 2013, in order for the 10-year period to not serve as a bar to its claim of action.
Makes a clarifying change to the effective date clause, providing that once enacted the law also applies to actions filed on or after that date.
Deletes expiration clause, which previously provided that the act expired on June 19, 2023.
Amends the enactment clause of the act to provide that the act applies to actions arising or pending on or after the date the act becomes law. Also provides that an action is to be considered pending if there has been no final disposition with prejudice and mandate issued against that plaintiff by the highest court of competent jurisdiction where the claim was timely filed or appealed. Adds back in the expiration date, providing that the act expires on June 19, 2023, but is not effective for claims for relief brought on or after that date and does not affect actions pending on that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.