GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2014-44
SENATE BILL 58
AN ACT to make technical corrections to session law 2014‑17.
The General Assembly of North Carolina enacts:
SECTION 1.(a) Section 1 of S.L. 2014‑17 reads as rewritten:
"SECTION 1. The
General Assembly finds that prior to the United States Supreme Court ruling in CTS
Corp. v. Waldburger, that there was ambiguity and uncertainty regarding the
effect of federal law on the North Carolina statute of repose in certain
environmental cases. The General Assembly finds that it was the intent of the legislature
General Assembly to maximize under federal law the amount of time a
claimant had to bring a claim predicated on exposure to a contaminant regulated
by federal or State law. The General Assembly finds that the Supreme Court's
decision is inconsistent with the legislature's General Assembly's intentions
and the legislature's General Assembly's understanding of federal
law at the time that certain actions were filed. The General Assembly finds
that it never intended the statute of repose in G.S. 1‑52(16) to
apply to claims for latent disease caused or contributed to by groundwater
contamination, or to claims for any latent harm caused or contributed to by
groundwater contamination."
SECTION 1.(b) G.S. 130A‑26.3, as enacted by Section 3 of S.L. 2014‑17, reads as rewritten:
"§ 130A‑26.3 Limitations period for certain groundwater contamination actions.
The 10‑year period set forth
in G.S. 1‑52(16) shall not be construed to bar an action for
personal injury, or property damages caused or contributed to by the consumption,
exposure, or use of water supplied from groundwater contaminated by a
hazardous substance, pollutant, or contaminant. contaminant,
including personal injury or property damages resulting from the consumption,
exposure, or use of water supplied from groundwater contaminated by a hazardous
substance, pollutant, or contaminant. For purposes of this subsection, section,
"contaminated by a hazardous substance, pollutant, or contaminant"
means the concentration of the hazardous substance, pollutant, or contaminant
exceeds a groundwater quality standard set forth in 15A NCAC 2L .0202."
SECTION 1.(c) Section 4 of S.L. 2014‑17 reads as rewritten:
"SECTION 4. This act
is effective when it becomes law and applies to actions arising filed,
arising, or pending on or after that date. For purposes of this section, an
action is pending for a plaintiff if there has been no final disposition with
prejudice and mandate issued against that plaintiff issued by the highest court
of competent jurisdiction where the claim was timely filed or appealed as to
all the plaintiff's claims for relief to which this act otherwise applies. This
act expires on June 19, 2023, and is not effective for claims for relief
brought on or after that date, but does not affect actions pending on that
date.Nothing in this act is intended to change existing law relating to
product liability actions based upon disease."
SECTION 2. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 26th day of June, 2014.
s/ Philip E. Berger
President Pro Tempore of the Senate
s/ Justin P. Burr
Presiding Officer of the House of Representatives
s/ Pat McCrory
Governor
Approved 4:29 p.m. this 30th day of June, 2014