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SB 393

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 Jeff Irwin and 1 co-sponsor

Sets a 6-year statute of limitations from start of on-site remedial construction for natural resource damages and response costs, with tailored timelines for other claims.

REFERRED TO COMMITTEE ON ENERGY AND ENVIRONMENT
#civilprocedure:statuteoflimitations #environmentalprotection:groundwatercontamination
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Bill Summary · SB 393

SB 393 — Summary (Michigan)

Amends: 1994 PA 451, Sec. 20140 (MCL 324.20140)
Introduced: Feb 14, 2025 — Referred to Senate Committee on Energy and Environment (Sponsor: Sen. Sean McCann).
Companion: HB 1514. Reintroduction of prior session bills.

Purpose and intent

SB 393 clarifies and limits the statute of limitations for civil actions under Part 201 (Environmental Remediation) of Michigan’s Natural Resources and Environmental Protection Act (NREPA). The bill establishes specific deadlines for actions seeking natural resource damages and recovery of response activity costs, including a six‑year deadline tied to the start of on‑site remedial construction for certain contaminants that previously were not regulated as hazardous substances.

Key provisions

  • Amends MCL 324.20140 to set limitation periods as follows:
    • (a) General rule: actions to recover response activity costs and natural resource damages (under specified subdivisions of section 20126a) must be filed no later than 6 years after the initiation of physical on‑site construction activities for the remedial action selected or approved by the Department of Environment, Great Lakes, and Energy (EGLE).
    • (b) Subsequent actions to recover response activity costs may be filed during response activities but must be commenced no later than 3 years after completion of all response activity at the facility.
    • (c) Civil fines under Part 201: within 3 years after discovery of the violation that gives rise to the fine.
    • (d) For hazardous substances that were NOT regulated by the state or federal government as hazardous substances on or before July 1, 1994, actions seeking natural resource damages or recovery of response activity costs must be filed no later than 6 years after initiation of physical on‑site construction activities for the remedial action selected or approved by EGLE to address that previously unregulated substance.
  • Clarifies limitation dates for claims that accrued prior to specified historical dates:
    • For natural resource damages that accrued before July 1, 1991, and for response costs incurred prior to July 1, 1991, the limitation period is July 1, 1994.
    • The bill states that the provision concerning recovery of response activity costs prior to July 1, 1991, is curative and applies retroactively.

Who is affected

  • Plaintiffs: individuals, local units of government, trustees, or other parties who seek natural resource damages or to recover environmental response costs under Part 201.
  • Defendants / Potentially liable parties: owners/operators of facilities, transporters, contractors, and others potentially liable under section 20126.
  • EGLE: its selection or approval of a remedial action triggers the 6‑year filing clock in key circumstances.
  • Courts: statute of limitations questions and related litigation practice will be affected.

Practical impact

  • Triggers a clear, activity‑based statute of limitations tied to the initiation of physical on‑site remedial construction, which can limit long‑tail liability for “previously unregulated” contaminants and provides clearer deadlines for claimants and defendants.
  • May reduce uncertainty about when claims must be filed for substances that were not recognized as hazardous before July 1, 1994.
  • Contains retroactive/curative language for certain pre‑1991 claims.
  • Fiscal: committee staff analysis indicates no fiscal impact on EGLE. The committee report (covering related bills) notes that, collectively, the bills could affect court caseloads, but any additional judicial costs would likely be absorbed by existing court budgets.

Procedure / Status

  • Introduced Feb 14, 2025; referred to the Senate Committee on Energy and Environment. Committee work and related public hearings occurred (committee report completed June 10, 2025). The bill is part of a package that includes S.B. 386 and S.B. 387.

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

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