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30th Legislature(2017-2018)

Bill Text 30th Legislature


00 Enrolled SB 202                                                                                                         
01 Relating to the liability of a Native corporation for the release or threatened release of                              
02 hazardous substances present on certain lands.                                                                          
03                           _______________                                                                               
04    * Section 1. AS 46.03.822(a) is amended to read:                                                                     
05 (a)  Notwithstanding any other provision or rule of law and subject only to the                                         
06 defenses set out in (b) of this section, the exceptions [EXCEPTION] set out in (i) and                              
07 (n) of this section, the exception set out in AS 09.65.240, and the limitation on                                     
08 liability provided under AS 46.03.825, the following persons are strictly liable, jointly                               
09 and severally, for damages, for the costs of response, containment, removal, or                                         
10 remedial action incurred by the state, a municipality, or a village, and for the                                        
11 additional costs of a function or service, including administrative expenses for the                                    
12 incremental costs of providing the function or service, that are incurred by the state, a                               
13 municipality, or a village, and the costs of projects or activities that are delayed or lost                            
14 because of the efforts of the state, the municipality, or the village, resulting from an                                
01       unpermitted release of a hazardous substance or, with respect to response costs, the                              
02       substantial threat of an unpermitted release of a hazardous substance:                                            
03                 (1)  the owner of, and the person having control over, the hazardous                                    
04       substance at the time of the release or threatened release; this paragraph does not apply                         
05       to a consumer product in consumer use;                                                                            
06                 (2)  the owner and the operator of a vessel or facility, from which there                               
07       is a release, or a threatened release that causes the incurrence of response costs, of a                          
08       hazardous substance;                                                                                              
09                 (3)  any person who, at the time of disposal of any hazardous substance,                            
10 owned or operated any facility or vessel at which the hazardous substances were                                         
11 disposed of, from which there is a release, or a threatened release that causes the                                     
12       incurrence of response costs, of a hazardous substance;                                                           
13 (4)  any person who by contract, agreement, or otherwise arranged for                                                   
14 disposal or treatment, or arranged with a transporter for transport for disposal or                                     
15 treatment, of hazardous substances owned or possessed by the person, other than                                         
16 domestic sewage, or by any other party or entity, at any facility or vessel owned or                                    
17 operated by another party or entity and containing hazardous substances, from which                                     
18 there is a release, or a threatened release that causes the incurrence of response costs,                               
19       of a hazardous substance;                                                                                         
20 (5)  any person who accepts or accepted any hazardous substances,                                                       
21 other than refined oil, for transport to disposal or treatment facilities, vessels or sites                             
22 selected by the person, from which there is a release, or a threatened release that                                     
23       causes the incurrence of response costs, of a hazardous substance.                                                
24    * Sec. 2. AS 46.03.822(m) is amended by adding a new paragraph to read:                                              
25                 (3)  "Native corporation" has the meaning given in 43 U.S.C. 1602(m).                                   
26    * Sec. 3. AS 46.03.822 is amended by adding a new subsection to read:                                                
27 (n)  A Native corporation that acquired land under 43 U.S.C. 1601 et seq.                                               
28 (Alaska Native Claims Settlement Act) is not liable under this section for a release or                                 
29 threatened release of a hazardous substance on the land unless the Native corporation,                                  
30 by an act or omission, caused or contributed to the release or threatened release of the                                
31       hazardous substance.                                                                                              
01    * Sec. 4. AS 46.03.822(c)(3) is repealed.                                                                            
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