§ 8222 — Accrual of environmental contamination claims

(a) A common-law or statutory claim based on environmental contamination shall accrue so long as the contamination remains on or in an affected property or natural resource.
(b) As used in this section:
(1) “Environmental contamination” means any hazardous material or hazardous waste as defined in 10 V.S.A. § 6602, or other substance or material that has the potential to adversely affect human health or the environment (A) on or in an affected property, including in buildings or other structures, or (B) on or in a natural resource.
(2) “Natural resource” has the same meaning as in 10 V.S.A. § 6615d(a)(8).
(c) Nothing in this section shall shorten or otherwise limit any later accrual date that may apply under other source of law.
(d)(1) Except as otherwise provided in this subsection, and notwithstanding 1 V.S.A. §§ 213 and 214, or any other provision of law, this section shall apply to:
(A) any action or proceeding commenced on or after effective date of this act; and
(B) any action or proceeding that is pending on effective date of this act.
(2) This section shall not revive claims subject to a final, nonappealable judgment rendered prior to effective date of this act.
(3) This section shall not apply to a criminal claim whose limitations period expired prior to effective date of this act.

Legislative History

(Added 2023, No. 46, § 26, eff. June 5, 2023.)