00Enrolled HB 269                                                                                                         
01 Relating to contribution actions relating to the release of a hazardous substance; and providing                        
02 for an effective date.                                                                                                  
03                           _______________                                                                               
04    * Section 1.  AS 46.03.822(j) is amended to read:                                                                  
05            (j)  A person may seek contribution from any other person who is liable under                                
06       (a) of this section during or after a civil action under (a) of this section or after the                     
07       issuance of a potential liability determination by the department.  Actions under                             
08       this subsection shall be brought under the Alaska Rules of Civil Procedure and are                                
09       governed by state law. In resolving claims for contribution under this section, the court                         
10       may allocate damages and costs among liable parties using equitable factors                                       
11       determined to be appropriate by the court. This subsection does not diminish the right                            
12       of a person to bring an action for contribution in the absence of a civil action under (a)                        
13       of this section.                                                                                                  
14    * Sec. 2.  AS 46.03.822(m) is amended by adding a new paragraph to read:                                           

01                 (2)  "potential liability determination" means an administrative                                        
02       determination issued by the department notifying a person of the person's potential                               
03       liability under (a) of this section as the result of the release or threatened release of                         
04       hazardous substances and includes a                                                                               
05                      (A)  letter notifying the person that the person is a potentially                                  
06            responsible party;                                                                                           
07                      (B)  notice to a person of state interest in a release or threatened                               
08            release of a hazardous substance;                                                                            
09                      (C)  request to the person for site characterization or cleanup;                                   
10                      (D)  notice of violation; and                                                                      
11                      (E)  similar notification by the department of a person's                                          
12            potential liability under this section.                                                                    
13    * Sec. 3.  The uncodified law of the State of Alaska is amended by adding a new section to                         
14 read:                                                                                                                   
15       APPLICABILITY.  The changes made by secs. 1 and 2 of this Act apply to liability                                  
16 for the release or threatened release of a hazardous substance that occurred                                            
17            (1)  before the effective date of this Act and for which a final judgment                                    
18 regarding liability was not entered before the effective date of this Act; or                                           
19            (2)  on or after the effective date of this Act.                                                             
20    * Sec. 4.  This Act takes effect immediately under AS 01.10.070(c).