Bill
SB 609
The bill clarifies and tightens deadlines for environmental cleanup claims, setting specific filing windows: 6 years from start of on-site remediation for costs and damages, 3 year
Status
- Bill number: SB 609
- Subject: Civil procedure (statutes of limitations) and environmental protection (groundwater/contamination cleanup)
- Statutory target: Natural Resources and Environmental Protection Act (1994 PA 451), section 20140 (MCL 324.20140)
- Introduced: February 20, 2025
- Current status (per bill header): Referred to Committee on Government Operations
Purpose and intent
- To revise and clarify the statutory limitation periods for civil actions under Part 201 (the state’s environmental cleanup provisions). The bill sets specific filing deadlines for recoveries of response activity costs, natural resource damages, civil fines, and related actions tied to hazardous substance remediation.
Key provisions (what the bill would change or clarify)
- Recovery of response activity costs and natural resource damages (general rule): actions must be filed within 6 years after initiation of physical on‑site construction of the remedial action selected or approved by the Department (subject to listed exceptions).
- Subsequent recovery actions: one or more follow‑on actions to recover response activity costs may be filed at any time during the response activity, but must be commenced no later than 3 years after completion of all response activity at the facility.
- Civil fines: actions for civil fines under Part 201 must be filed within 3 years after discovery of the violation that gives rise to the fine.
- Newly regulated hazardous substances: where the claim concerns a hazardous substance that was not regulated by the state or federal government on or before July 1, 1994, the deadline for natural resource damages or response cost recovery is 6 years after initiation of the physical on‑site construction of the remedial action addressing that substance.
- Pre‑1991 claims: for natural resource damages or response costs that accrued prior to July 1, 1991, the limitation period is fixed at July 1, 1994 (the bill includes this as a curative/clarifying, retroactive rule).
Who is affected
- Potential plaintiffs: state agencies, local governments, trustees asserting natural resource damages, private parties seeking cost recovery for remediation.
- Potential defendants: property owners, operators, generators or transporters of hazardous substances, other responsible parties.
- State agencies: the Department administering remedial actions, and attorneys enforcing or defending claims.
- Practitioners: environmental lawyers and consultants who advise on claims timing and cleanup liabilities.
Potential impact
- Clarifies when the statute of limitations begins and ends for cleanup‑related claims, which can reduce uncertainty and litigation over timeliness.
- May limit or bar late claims tied to older contamination or long‑running remediation unless filed within the stated windows (6 years from initiation of physical on‑site construction; 3 years after final completion for subsequent actions).
- The retroactive/curative language for pre‑1991 costs intends to fix or restate prior legislative intent and could affect legacy liability exposure.
Notes and caveats
- The bill text repeats and refines existing Part 201 timelines; exact legal effect depends on final enacted language and any interaction with court rulings or other statutory exceptions (e.g., tolling doctrines, discovery rules, or ongoing response activities).
- Status and sponsorship information in provided documents appear to include multiple jurisdictions/bills using the same number; this summary focuses on the amendment to MCL 324.20140 (Michigan Natural Resources and Environmental Protection Act).
Compiled from official sources — confirm details with the bill’s official record.
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