Effective 28 Aug 1995

447.712. Tort immunity. — 1. As used in this section, the following terms shall mean:

(1) "Harm", injury, damage, restitution, death or loss to persons or property, including equitable damages or injunctive relief, caused by or arising out of exposure to a hazardous substance or petroleum at the location of the eligible project, but shall not include harms arising from other causes even if the harm occurs on the remediation site;

(2) "Tort action", a civil action for harm, as defined in this subsection, including an action for recovery for costs of conducting a voluntary remediation as part of a qualified eligible project, but does not include a civil action for damages for a breach of contract or another agreement between a government agency and one or more persons, or for breach of an express warranty contained in such agreement.

2. A government agency, as that term is used in sections 447.700 to 447.718, and any officer or employee thereof and the prospective purchaser are immune from liability and are not liable in a tort action resulting from, or arising out of, performance of an eligible project, including harm inflicted in the performance of any voluntary remediation associated with the eligible project. This immunity shall extend to acts, and failures to act, of the governmental agency and its officers and employees which are required by law or authorized by law as necessary or essential to the exercise of the powers and duties described in sections 447.700 to 447.718. This immunity shall also include the actions or failures to act which were within the discretion of an officer or employee of the government agency with respect to policy-making, planning, implementation or enforcement responsibilities under sections 447.700 to 447.718. This immunity of the government agency and its employees and the prospective purchaser shall also include any actions and failures to act by the project contractors, subcontractors, suppliers or materialmen as it may apply to performance of the voluntary remediation. The tort immunity described in this subsection shall cease upon issuance by the department of natural resources of written approval of the completed voluntary remediation.

3. The immunity described in subsection 2 of this section shall not apply to acts or failures to act of a government agency or its officers and employees which were:

(1) Manifestly outside the scope of employment, duties or responsibilities; or

(2) Committed maliciously, in bad faith, or in a wanton and reckless manner.

4. No state, county or municipal government or any agency, officer or employee thereof shall be liable in tort or under the state's environmental laws for the ownership of real or personal property acquired by foreclosure upon or acceptance of a deed in lieu of foreclosure pursuant to a defaulted loan issued under section 447.702 or repurchase and reversion of the property to the original governmental agency owner under subsection 6 of section 447.704, provided the agency did not directly cause or contribute to the cause of the new contamination. Such state, county or municipal governments or agencies thereof shall receive the creditor protections afforded financial institutions under sections 427.011 to 427.041.

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(L. 1995 H.B. 414)