BILL NUMBER:  S6824

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to the tolling of the statute of limitations relating to
personal injury caused by contact with or exposure to any substance or
combination of substances found within an area designated as a
superfund site

 PURPOSE OR GENERAL IDEA OF BILL :

Allows personal injury actions arising from exposure to chemicals or
other substances contained within an area to be commenced within three
years of that site's designation as a state or federal superfund site.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new section 214(f) to the civil practice law and
rules that allows a personal injury action arising from exposure to
chemicals or other substances contained within an area to be commenced
within three years of the discovery of the injury, or within three
years of when the injury reasonably should have been discovered, or
within three years of that site's designation as a state or federal
superfund site, whichever is latest.

Section 2 contains the effective date.

              

 JUSTIFICATION :

The recent discovery of water contamination in Hoosick Falls, New York
and Flint, Michigan has raised great alarm across our country and our
state. These instances of contamination have been cited as the
potential cause of many previously unexplained illnesses suffered by
members of those communities. In many cases, the statute of
limitations to bring a personal injury action has long since run
before any contamination was ever discovered. This bill seeks to
address this inequity and give those who have been sickened legal
recourse to be made whole.

This legislation would allow a personal injury action to be brought
within three years of the time when a site containing chemicals and
other substances has been designated as a state or federal superfund
site. Under current state law, the three year statute of limitations
for personal injury actions related to the latent effects of exposure
begins to run when an injury is discovered or reasonably should have
been discovered, whichever is sooner.

This bill would create a narrowly tailored legal mechanism to address
instances where extraordinary circumstances negatively impact public
health. What distinguishes the injuries suffered by many residents of
Hoosick Falls from other exposure cases is that members of this
community had no idea they had even been exposed to any hazardous
toxins until years after they had become sick. Individuals in Hoosick
Falls or those in any other circumstances which would fall under the
scope of this bill should not be denied legal recourse simply because
the statute of limitations has run on a claim they never knew that
they had.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately.

                                 BILL NUMBER:  S6824A

 TITLE OF BILL :  An act to amend the civil practice law and rules, in
relation to the tolling of the statute of limitations relating to
personal injury caused by contact with or exposure to any substance or
combination of substances found within an area designated as a
superfund site

 PURPOSE OR GENERAL IDEA OF BILL :

Allows personal injury actions arising from exposure to chemicals or
other substances contained within an area to be commenced within three
years of that site's designation as a state or federal superfund site.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 adds a new section 214-f to the civil procedure law and
rules that allows a personal injury action arising from exposure to
chemicals or other substances contained within an area to be commenced
by a plaintiff within the period authorized under section 214-c of the
civil practice law and rules or within three years of that site's
designation as a state or federal superfund site, whichever is latest.

Section 2 contains the effective date.

 JUSTIFICATION :
              

The recent discovery of water contamination in Hoosick Falls, New York
and Flint, Michigan has raised great alarm across our country and our
state. These instances of contamination have been cited as the
potential cause of many previously unexplained illnesses suffered by
members of those communities. In many cases, the statute of
limitations to bring a personal injury action has long since run
before any contamination was ever discovered. This bill seeks to
address this inequity and give those who have been sickened legal
recourse to be made whole.

This legislation would allow a personal injury action to be brought
within three years of the time when a site containing chemicals and
other substances has been designated as a state or federal superfund
site. Under current state law, the three year statute of limitations
for personal injury actions related to the latent effects of exposure
begins to run when an injury is discovered or reasonably should have
been discovered, whichever is sooner.

This bill would create a narrowly tailored legal mechanism to address
instances where extraordinary circumstances negatively impact public
health. What distinguishes the injuries suffered by many residents of
Hoosick Falls from other exposure cases is that members of this
community had no idea they had even been exposed to any hazardous
toxins until years after they had become sick. Individuals in Hoosick
Falls should not be denied any legal recourse simply because the
statute of limitations has run on a claim they never knew that they
had.

 PRIOR LEGISLATIVE HISTORY :

New bill.

 FISCAL IMPLICATIONS :

None to the state.

 EFFECTIVE DATE :
Immediately.