(a) Notwithstanding Alaska Stat. § 09.50.250, a civil action or claim for damages or costs alleging a death, injury, illness, disability, property damage, or any other damages resulting from the use of gravel or other aggregate material that contains naturally occurring asbestos may not be brought against a defendant, including a contractor meeting the requirements of the program or the state and its agencies, officers, and employees,

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Terms Used In Alaska Statutes 09.65.245

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • property: includes real and personal property. See Alaska Statutes 01.10.060
  • state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
(1) based on the ownership of land within an area designated by the Department of Transportation and Public Facilities under Alaska Stat. § 44.42.400(b) or (c) from which gravel or other aggregate material is extracted that, when tested using a bulk method prescribed by the Department of Transportation and Public Facilities by regulation, is determined to have a content equal to or greater than 0.25 percent naturally occurring asbestos by mass; or
(2) for an act or omission occurring in the course of extracting, supplying, transporting, or using gravel or other aggregate material containing naturally occurring asbestos within an area designated by the Department of Transportation and Public Facilities under Alaska Stat. § 44.42.400(b) or (c) when the act or omission was in compliance with the requirements of Alaska Stat. § 18.31.250 or Alaska Stat. § 44.42.410(b), as applicable, and Alaska Stat. § 44.42.410(a) and (e) and applicable regulations developed under Alaska Stat. § 44.42.420.
(b) A civil action or claim based on noncompliance with the requirements of Alaska Stat. § 18.31.250 or Alaska Stat. § 44.42.410(b), as applicable, and Alaska Stat. § 44.42.410(a) and (e) and applicable regulations developed under Alaska Stat. § 44.42.420 for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may only be brought against a defendant that has direct control over or responsibility for compliance with the requirements of Alaska Stat. § 18.31.250 or Alaska Stat. § 44.42.410(b), as applicable, and Alaska Stat. § 44.42.410(a) and (e) and applicable regulations developed under Alaska Stat. § 44.42.420.
(c) Notwithstanding Alaska Stat. § 09.50.250, a civil action or claim for damages or costs alleging an asbestos-related death, injury, illness, or disability or alleging asbestos-related property damage or any other asbestos-related damages may not be brought against any state agency or officer or employee of the state for an act or omission occurring in the course of designating a project area under Alaska Stat. § 44.42.400(b) or (c), approving a site-specific use plan, or developing or approving a monitoring plan or a mitigation plan under Alaska Stat. § 44.42.410.
(d) In this section, “naturally occurring asbestos” has the meaning given in Alaska Stat. § 44.42.430.
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