SENATE, No. 134

SECTION 1. Chapter 21E, Section 5C, Subsection (a) of the General Laws, as appearing in the most recent edition, is hereby amended by inserting the words “natural resource damages” after the words “response action costs” in the first sentence.

SECTION 2.  Said Chapter 21E, Section 5C is hereby further amended in Subsection (a) by inserting the words “or for personal injury” after the words “pursuant to this chapter” in the first sentence.

SECTION 3.  Said Chapter 21E, Section 5C is hereby further amended in Subsection (a) by striking out the following: “as delineated in a waste site cleanup activity opinion, for which a permanent solution or remedy operation status exists and is maintained or has been achieved and maintained in accordance with such opinion.”

SECTION 4.  Said Chapter 21E, Section 5C is hereby further amended in Subsection (b) by striking out the words “only apply where” and inserting in place thereof the following: “take effect when a person becomes an eligible person. However, the liability exemption provided in this section shall become void unless:”

SECTION 5. Said Chapter 21E, Section 5C is hereby further amended in Subsection (b)(1) by inserting the following after the words “remedy operation status”: “or has eliminated all substantial hazards”.

SECTION 6. Said Chapter 21E, Section 5C is hereby further amended in Subsection (b)(1) by deleting the semi-colon at the end of that subsection, and inserting the following at the end of said section “within five (5) years of obtaining the status of an eligible person; or”

SECTION 7. Said Chapter 21E, Section 5C is hereby further amended in Subsection (b)(2) by inserting the following after the words “remedy operation status”: “or has eliminated all substantial hazards”.

SECTION 8. Said Chapter 21E, Section 5C is hereby further amended in Subsection (b)(2) by deleting the semi-colon at the end of that subsection, and inserting the following at the end of said section “within five (5) years of obtaining the status of an eligible person.

SECTION 9.  Said Chapter 21E, Section 5C is hereby further amended by striking out Subsection (b)(3).

SECTION 10.  Said Chapter 21E, Section 5C is hereby further amended by striking out the current text of Subsection (c)(6). 

SECTION 11. Said Chapter 21E, Section 5C is hereby further amended in Subsection (d) by striking out the words “achieving a permanent solution or remedy operation status” and inserting in place thereof the following words “achieving a permanent solution or remedy operation status, or eliminating all substantial hazards”.

SECTION 12.  Said Chapter 21E, Section 5C is hereby further amended in Subsection (d) by striking out the words “achieves a permanent solution or remedy operation status” and inserting in place thereof the following: “achieves a permanent solution or remedy operation status, or eliminates all substantial hazards”.

SECTION 13. Said Chapter 21E, Section 5C is hereby further amended in Subsection (e) by striking out the subsection and inserting in place thereof the following subsection: “(e) An eligible person who first owns or operates its portion of a site after a permanent solution or remedy operation status has been achieved or after all substantial hazards have been eliminated shall be exempt from liability as set forth in paragraph (a); provided, however, that such person satisfies subparagraphs (1) to (3) inclusive, of paragraph (c) and (2) maintains a condition of no substantial hazard at the site.

SECTION 14.  Said Chapter 21E, Section 5C is hereby further amended by adding, after Subsection (k), a new subsection (l), providing as follows:   “Nothing in paragraphs (c) or (d) of this section shall be deemed to impose any requirement on an eligible person to perform any response actions beyond those required in paragraph (b) of this section.”.