Actions under State law for damages from exposure to hazardous substances

Section 309 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9658) is amended— (1) in subsection (a)— (A) in the subsection heading, by inserting and statutes of repose after limitations; (B) in paragraph (1)— (i) in the paragraph heading, by inserting of limitations after statutes; and (ii) by inserting statute of after applicable; (C) by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; (D) by inserting after paragraph (1) the following: (2) Exception to state statutes of repose In the case of any action 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, if the applicable statute of repose period for such action (as specified in the State statute of repose or under common law) provides a commencement date which is earlier than the federally required commencement date, such period shall commence at the federally required commencement date in lieu of the date specified in such State statute.; and (E) in paragraph (3) (as so redesignated)— (i) by striking paragraph (1) and inserting paragraphs (1) and (2); and (ii) by inserting or statute of repose after statute of limitations; and (2) in subsection (b)— (A) in paragraph (2)— (i) in the paragraph heading, by inserting statute of after applicable; and (ii) by inserting statute of after applicable; (B) by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; (C) by inserting after paragraph (2) the following: (3) Applicable statute of repose period The term applicable statute of repose period means the period specified in a statute of repose during which a civil action referred to in subsection (a)(2) may be brought.; (D) in paragraph (4) (as so redesignated)— (i) by inserting or statute of repose after statute of limitations; and (ii) by striking applicable limitations period and inserting applicable statute of limitations period or applicable statute of repose period, respectively; and (E) in paragraph (5) (as so redesignated)— (i) in subparagraph (A), by striking subsection (a)(1) and inserting paragraph (1) or (2) of subsection (a); and (ii) in subparagraph (B)— (I) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and indenting appropriately; (II) in the matter preceding subclause (I) (as so redesignated), by striking In the case and inserting the following: (i) Minors and incompetents In the case; and (III) by adding at the end the following: (ii) Newly designated hazardous substances In the case of a contaminant of emerging concern, pollutant, chemical, waste, or other substance that is designated as a hazardous substance on or after August 1, 2022, the term federally required commencement date means the latter of— (I) the date on which that contaminant of emerging concern, pollutant, chemical, waste, or other substance is designated as a hazardous substance; and (II) the date on which the plaintiff knew (or reasonably should have known) that the personal injury or property damages referred to in paragraph (1) or (2) of subsection (a) were caused or contributed to by that contaminant of emerging concern, pollutant, chemical, waste, or other substance..