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HB 4769

Environmental protection: groundwater contamination; limitation period for filing actions; revise. Amends sec. 20140 of 1994 PA 451 (MCL 324.20140).

2025-2026 Regular Session Introduced by Jason Morgan and 1 co-sponsor

HB 4769 tightens and clarifies statute-of-limitations for environmental cost-recovery, damages, and fines, with retroactive cutoffs for pre-1991 liabilities.

bill electronically reproduced 08/14/2025
#civilprocedure:statuteoflimitations #environmentalprotection:groundwatercontamination
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Bill Summary · HB 4769

Summary — HB 4769 (2025)

Amends section 20140 of the Natural Resources and Environmental Protection Act (1994 PA 451; MCL 324.20140) to revise and clarify limitation periods for civil actions related to response activity costs, natural resource damages, and civil fines arising under Part 201 (environmental remediation).

Purpose

To specify and clarify the statute-of-limitations rules for lawsuits and cost-recovery actions under Part 201, including (1) when recovery of response activity costs and natural resource damages must be filed, (2) deadlines for subsequent cost-recovery actions, (3) time limits for civil fines, and (4) special rules and historic cutoffs for claims involving liabilities incurred before July 1, 1991, and for hazardous substances that were previously unregulated.

Key provisions

  • General rule for cost recovery and natural resource damages:
    • Actions to recover response activity costs and natural resource damages under section 20126a(1)(a)–(c) must be filed no later than 6 years after initiation of physical on-site construction of the remedial action selected or approved by the department.
  • Subsequent cost-recovery actions:
    • One or more subsequent actions to recover response activity costs under section 20126 may be brought during the response activity period if commenced no later than 3 years after completion of all response activity at the facility.
  • Civil fines:
    • Actions to assess civil fines under Part 201 must be commenced within 3 years after discovery of the violation that gave rise to the fine.
  • Previously unregulated hazardous substances:
    • For hazardous substances that were not regulated by the state or federal government as of July 1, 1994, actions seeking natural resource damages or recovery of response activity costs must be filed within 6 years after initiation of physical on-site remedial construction to address that substance.
  • Historic cutoffs:
    • For natural resource damages that accrued prior to July 1, 1991 (except claims tied to substances unregulated as of July 1, 1994), the limitation period is fixed at July 1, 1994.
    • For recovery of response activity costs incurred prior to July 1, 1991, the limitation period is July 1, 1994.
    • Subsection establishing the July 1, 1994 cutoff for pre‑1991 costs is declared curative, intended to clarify original legislative intent and to apply retroactively.

Who is affected

  • Potentially responsible parties (owners, operators, past dischargers), current property owners, redevelopers, insurers, municipalities, and state agencies involved in cost-recovery and natural resource damage claims under Part 201.
  • Entities facing legacy liabilities for contamination incurred before July 1, 1991 may be barred by the July 1, 1994 cutoff.

Procedural status & related legislation

  • Introduced: March 13, 2025 (Rep. Cynthia Neeley listed as sponsor in later reproduction).
  • House actions: Passed the House (readings and votes in May 2025 per record); bill electronically reproduced Aug 14, 2025; referred to Committee on Government Operations Aug 14, 2025.
  • Companion bill: SB 2443.

Practical impact

HB 4769 narrows and clarifies when enforcement and cost‑recovery litigation must be started, shortens uncertainty about long‑latent claims (particularly for pre‑1991 liabilities), and provides a clear retroactive cutoff for certain historic claims. It may reduce long-term exposure for potential liable parties while preserving more recent claims tied to remedial actions begun within the specified 6- and 3-year windows.

Compiled from official sources — confirm details with the bill’s official record.

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