Page:United States Statutes at Large Volume 100 Part 2.djvu/593

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PUBLIC LAW 99-000—MMMM. DD, 1986

PUBLIC LAW 99-499—OCT. 17, 1986

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100 STAT. 1695

"(vii) coinsurance, reinsurance, or pooled-risk insurance, whether provided by the private sector or provided or assisted by the Federal Government; and "(viii) creation of a new program to be administered by a new or existing Federal agency or by a federally chartered corporation. "(F) RECOMMENDATIONS.—The Comptroller General shall consider options for funding any program under this section and shall, to the extent necessary, make recommendations to the appropriate committees of Congress for additional authority to implement such program.".

SEC. 202. HAZARDOUS MATERIALS TRANSPORTATION.

42 USC 9656.

(a) REGULATION REQUIREMENT.—Section 306(a) of CERCLA is

amended (1) by striking out "within ninety days after the date of enactment of this Act" and inserting in lieu thereof "within 30 days after the enactment of the Superfund Amendments and Reauthorization Act of 1986" and (2) by inserting "and regulated" before "as a hazardous material". (b) CONFORMING AMENDMENT.—Section 3O60i)) of CERCLA is amended by inserting "and regulation" after "prior to the effective date of the listing". SEC. 203. STATE PROCEDURAL REFORM.

42 USC 9656.

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(a) IN GENERAL.—Title III of CERCLA is amended by adding the following new section at the end thereof: "SEC. 309. ACTIONS UNDER STATE LAW FOR DAMAGES FROM EXPOSURE TO HAZARDOUS SUBSTANCES.

^' 42 USC 9658.

"(a) STATE STATUTES OF LIMITATIONS FOR HAZARDOUS SUBSTANCE CASES.— "(1) EXCEPTION TO STATE STATUTES.—In the case of any action

, brought under State law for personal injury, or property dam/ r

f ages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility, if the applicable limitations period for such action (as specified in the State statute of ' limitations or under common law) provides a commencement date which is earlier than the federally required commence"^' ment date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute. «; "(2) STATE LAW GENERALLY APPLICABLE.—Except as provided in paragraph (1), the statute of limitations established under State law shall apply in all actions brought under State law for personal injury, or property damages, which are caused or contributed to by exposure to any hazardous substance, or pollutant or contaminant, released into the environment from a facility. "(3) ACTIONS UNDER SECTION IO7.—Nothing in this section

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shall apply with respect to any cause of action brought under section 107 of this Act. 42 USC 9607. "(b) DEFINITIONS.—As used in this section— "(1) TITLE I TERMS.—The terms used in this section shall have the same meaning as when used in title I of this Act. 42 USC 9601. "(2) APPLICABLE LIMITATIONS PERIOD.—The term 'applicable - limitations period' means the period specified in a statute of