2006-02-15                     Senate Journal                      Page 2189
HB 269                                                                                            
The Judiciary Committee considered HOUSE BILL NO. 269 "An Act                                       
relating to contribution actions relating to the release of a hazardous                             
substance; and providing for an effective date" and recommended it be                               
replaced with                                                                                       
                                                                                                    
             SENATE CS FOR HOUSE BILL NO. 269(JUD)                                                  
                                                                                                    
and further recommended the adoption of the following Senate                                        
Judiciary Letter of Intent:                                                                         
                                                                                                    
                                      Letter of Intent                                             
                                                                                                    
             It is the intent of the Senate Judiciary Committee in                                  
             enacting this measure to clarify the language of AS                                    
             46.03.822(j) to ensure that responsible parties who                                    
             have conducted voluntary environmental cleanups in                                     
             the past, or may do so in the future, may bring a                                      
             contribution action against other responsible parties                                  
             either before, during, or after a civil action under AS                                
             46.03.822(a).                                                                          
                                                                                                    
             Voluntary cleanups form the vast majority of                                           
             cleanups conducted in the State of Alaska.  Voluntary                                  
             cleanups allow the state to focus its limited resources                                
             on monitoring cleanup actions instead of undertaking                                   
             costly administrative or judicial enforcement actions                                  
             to force cleanups, or to undertake clean ups at the                                    
             public expense.                                                                        
                                                                                                    
             The United States Supreme Court, in Cooper                                             
             Industries v. Aviall Services found that a responsible                                 
             party could not bring a contribution action under 42                                   
             U.S.C. 9613(f)(1) unless it had been sued by a state,                                  

2006-02-15                     Senate Journal                      Page 2190
             the federal government, or had entered into a formal                                   
             administrative settlement of its liability.  The Aviall                                
             decision is in conflict with the reasoning of an earlier                               
             Alaska Supreme Court decision, Federal Deposit                                         
             Insurance Corporation v. Laidlaw Transit, and, in the                                  
             absence of legislative action, responsible parties in                                  
             Alaska may be fearful to rely on Laidlaw for                                           
             assurance regarding the proper interpretation of AS                                    
             46.03.822, the state's statute modeled on 42 U.S.C.                                    
             9601-9675.                                                                             
                                                                                                    
             Therefore, it is the purpose of this Act to respond to                                 
             the Aviall and Laidlaw decisions by clarifying                                         
             language of AS 46.03.822(j) so that those responsible                                  
             parties who conducted voluntary cleanups in the past,                                  
             or may do so in the future, may bring a contribution                                   
             action against other responsible parties.                                              
                                                                                                    
Signing do pass: Senator Seekins, Chair; Senators French, Guess,                                    
Therriault, Huggins.                                                                                
                                                                                                    
The following previously published fiscal information applies:                                      
 Fiscal Note No. 3, zero, Department of Law                                                         
 Fiscal Note No. 4, zero, Department of Environmental                                               
         Conservation                                                                               
                                                                                                    
The bill was referred to the Rules Committee.