HF 737

as introduced - 88th Legislature (2013 - 2014) Posted on 02/21/2013 08:48am

A bill for an act
relating to environment; authorizing certain expenditures from clean water fund;
modifying reporting requirements; modifying Petroleum Tank Release Cleanup
Act; repealing obsolete rules; appropriating money; amending Minnesota
Statutes 2012, sections 114D.50, subdivision 4; 115A.1320, subdivision 1;
115B.20, subdivision 6; 115B.28, subdivision 1; 115C.02, subdivision 4, by
adding a subdivision; 115C.08, subdivision 4, by adding a subdivision; 115D.10;
116.48, subdivision 6; 473.846; repealing Minnesota Rules, parts 7021.0010,
subparts 1, 2, 4, 5; 7021.0020; 7021.0030; 7021.0040; 7021.0050, subpart
5; 9210.0300; 9210.0310; 9210.0320; 9210.0330; 9210.0340; 9210.0350;
9210.0360; 9210.0370; 9210.0380; 9220.0530, subpart 6.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 114D.50, subdivision 4, is amended to read:

Subd. 4.

Expenditures; accountability.

(a) A project receiving funding from the
clean water fund must meet or exceed the constitutional requirements to protect, enhance,
and restore water quality in lakes, rivers, and streams and to protect groundwater and
drinking water from degradation. Priority may be given to projects that meet more than
one of these requirements. A project receiving funding from the clean water fund shall
include measurable outcomes, as defined in section 3.303, subdivision 10, and a plan for
measuring and evaluating the results. A project must be consistent with current science
and incorporate state-of-the-art technology.

(b) Money from the clean water fund shall be expended to balance the benefits
across all regions and residents of the state.

(c) A state agency or other recipient of a direct appropriation from the clean
water fund must compile and submit all information for proposed and funded projects
or programs, including the proposed measurable outcomes and all other items required
under section 3.303, subdivision 10, to the Legislative Coordinating Commission as soon
as practicable or by January 15 of the applicable fiscal year, whichever comes first. The
Legislative Coordinating Commission must post submitted information on the Web site
required under section 3.303, subdivision 10, as soon as it becomes available. Information
classified as not public under section 13D.05, subdivision 3, paragraph (d), is not required
to be placed on the Web site.

(d) Grants funded by the clean water fund must be implemented according to section
16B.98 and must account for all expenditures. Proposals must specify a process for any
regranting envisioned. Priority for grant proposals must be given to proposals involving
grants that will be competitively awarded.

(e) Money from the clean water fund may only be spent on projects that benefit
Minnesota waters.

(f) When practicable, a direct recipient of an appropriation from the clean water fund
shall prominently display on the recipient's Web site home page the legacy logo required
under Laws 2009, chapter 172, article 5, section 10, as amended by Laws 2010, chapter
361, article 3, section 5, accompanied by the phrase "Click here for more information."
When a person clicks on the legacy logo image, the Web site must direct the person to
a Web page that includes both the contact information that a person may use to obtain
additional information, as well as a link to the Legislative Coordinating Commission Web
site required under section 3.303, subdivision 10.

(g) Future eligibility for money from the clean water fund is contingent upon a state
agency or other recipient satisfying all applicable requirements in this section, as well as
any additional requirements contained in applicable session law.

new text begin (h) Money from the clean water fund may be used to leverage federal funds through
execution of formal project partnership agreements with federal agencies consistent with
respective federal agency partnership agreement requirements.
new text end

Sec. 2.

Minnesota Statutes 2012, section 115A.1320, subdivision 1, is amended to read:

Subdivision 1.

Duties of the agency.

(a) The agency shall administer sections
115A.1310 to 115A.1330.

(b) The agency shall establish procedures for:

(1) receipt and maintenance of the registration statements and certifications filed
with the agency under section 115A.1312; and

(2) making the statements and certifications easily available to manufacturers,
retailers, and members of the public.

(c) The agency shall annually review the value of the following variables that are
part of the formula used to calculate a manufacturer's annual registration fee under section
115A.1314, subdivision 1:

(1) the proportion of sales of video display devices sold to households that
manufacturers are required to recycle;

(2) the estimated per-pound price of recycling covered electronic devices sold to
households;

(3) the base registration fee; and

(4) the multiplier established for the weight of covered electronic devices collected
in section 115A.1314, subdivision 1, paragraph (d). If the agency determines that any of
these values must be changed in order to improve the efficiency or effectiveness of the
activities regulated under sections 115A.1312 to 115A.1330, the agency shall submit
recommended changes and the reasons for them to the chairs of the senate and house of
representatives committees with jurisdiction over solid waste policy.

(d) By January 15 each year, beginning in 2008, the agency shall calculate estimated
sales of video display devices sold to households by each manufacturer during the preceding
program year, based on national sales data, and forward the estimates to the department.

(e) The agency shall provide a report to the governor and the legislature on the
implementation of sections 115A.1310 to 115A.1330. For each program year, the report
must discuss the total weight of covered electronic devices recycled and a summary
of information in the reports submitted by manufacturers and recyclers under section
115A.1316. The report must also discuss the various collection programs used by
manufacturers to collect covered electronic devices; information regarding covered
electronic devices that are being collected by persons other than registered manufacturers,
collectors, and recyclers; and information about covered electronic devices, if any, being
disposed of in landfills in this state. The report must include a description of enforcement
actions under sections 115A.1310 to 115A.1330. The agency may include in its report
other information received by the agency regarding the implementation of sections
115A.1312 to 115A.1330. The report must be done in conjunction with the report required
under section deleted text begin 115D.10 deleted text end new text begin 115A.121 new text end .

(f) The agency shall promote public participation in the activities regulated under
sections 115A.1312 to 115A.1330 through public education and outreach efforts.

(g) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner
provided by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those
provisions enforced by the department, as provided in subdivision 2. The agency may
revoke a registration of a collector or recycler found to have violated sections 115A.1310
to 115A.1330.

(h) The agency shall facilitate communication between counties, collection and
recycling centers, and manufacturers to ensure that manufacturers are aware of video
display devices available for recycling.

(i) The agency shall develop a form retailers must use to report information to
manufacturers under section 115A.1318 and post it on the agency's Web site.

(j) The agency shall post on its Web site the contact information provided by each
manufacturer under section 115A.1318, paragraph (e).

Sec. 3.

Minnesota Statutes 2012, section 115B.20, subdivision 6, is amended to read:

Subd. 6.

Report to legislature.

deleted text begin Each year deleted text end new text begin By January 31 of each odd-numbered
year new text end , the commissioner of agriculture and the agency shall submit to the senate Finance
Committee, the house of representatives Ways and Means Committee, the Environment
and Natural Resources Committees of the senate and house of representatives, the Finance
Division of the senate Committee on Environment and Natural Resources, and the house
of representatives Committee on Environment and Natural Resources Finance, and the
Environmental Quality Board a report detailing the activities for which money has been
spent pursuant to this section during the previous fiscal year.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2013.
new text end

Sec. 4.

Minnesota Statutes 2012, section 115B.28, subdivision 1, is amended to read:

Subdivision 1.

Duties.

In addition to performing duties specified in sections
115B.25 to 115B.37 or in other law, and subject to the limitations on disclosure contained
in section 115B.35, the agency shall:

(1) adopt rules, including rules governing practice and procedure before the agency,
the form and procedure for applications for compensation, and procedures for claims
investigations;

(2) publicize the availability of compensation and application procedures on a
statewide basis with special emphasis on geographical areas surrounding sites identified
by the agency as having releases from a facility where a harmful substance was placed or
came to be located prior to July 1, 1983;

(3) collect, analyze, and make available to the public, in consultation with the
Department of Health, the Pollution Control Agency, the University of Minnesota Medical
and Public Health Schools, and the medical community, data regarding injuries relating to
exposure to harmful substances; and

(4) prepare and transmit deleted text begin by December 31 of each year to the governor and deleted text end the
deleted text begin legislature an annual deleted text end new text begin legislative new text end report new text begin required under section 115B.20, subdivision
6, new text end to include (i) a summary of agency activity under clause (3); (ii) data determined
by the agency from actual cases, including but not limited to number of cases, actual
compensation received by each claimant, types of cases, and types of injuries compensated,
as they relate to types of harmful substances as well as length of exposure, but excluding
identification of the claimants; (iii) all administrative costs associated with the business of
the agency; and (iv) agency recommendations for legislative changes, further study, or any
other recommendation aimed at improving the system of compensation.

Sec. 5.

Minnesota Statutes 2012, section 115C.02, subdivision 4, is amended to read:

Subd. 4.

Corrective action.

"Corrective action" means an action taken to minimize,
eliminate, or clean up a release to protect the public health and welfare or the environment.
new text begin Corrective action includes institutional controls.
new text end

Sec. 6.

Minnesota Statutes 2012, section 115C.02, is amended by adding a subdivision
to read:

new text begin Subd. 6b. new text end

new text begin Institutional controls. new text end

new text begin "Institutional controls" means legally enforceable
restrictions, conditions, or controls that are placed on the use of real property, groundwater,
or surface water located at or adjacent to property where a corrective action is taken and
that are necessary to conduct a corrective action or reasonably required to ensure that the
corrective action protects the public health and welfare and the environment. Institutional
controls include but are not limited to restrictions, conditions, or controls enforceable by
contract, easement, restrictive covenant, statute, ordinance, or rule, including official
controls such as zoning, building codes, and official maps. Institutional controls include
an affidavit required under section 116.48, subdivision 6, or similar notice of a release
recorded with real property records.
new text end

Sec. 7.

Minnesota Statutes 2012, section 115C.08, subdivision 4, is amended to read:

Subd. 4.

Expenditures.

(a) Money in the fund may only be spent:

(1) to administer the petroleum tank release cleanup program established in this
chapter;

(2) for agency administrative costs under sections 116.46 to 116.50, sections
115C.03 to 115C.06, and costs of corrective action taken by the agency under section
115C.03, including investigations;

(3) for costs of recovering expenses of corrective actions under section 115C.04;

(4) for training, certification, and rulemaking under sections 116.46 to 116.50;

(5) for agency administrative costs of enforcing rules governing the construction,
installation, operation, and closure of aboveground and underground petroleum storage
tanks;

(6) for reimbursement of the environmental response, compensation, and compliance
account under subdivision 5 and section 115B.26, subdivision 4;

(7) for administrative and staff costs as set by the board to administer the petroleum
tank release program established in this chapter;

(8) for corrective action performance audits under section 115C.093;

(9) for contamination cleanup grants, as provided in paragraph (c);

(10) to assess and remove abandoned underground storage tanks under section
115C.094 and, if a release is discovered, to pay for the specific consultant and contractor
services costs necessary to complete the tank removal project, including, but not limited
to, excavation soil sampling, groundwater sampling, soil disposal, and completion of
an excavation report; and

(11) deleted text begin for property acquisition by the agency when the agency has determined that
purchasing a property where a release has occurred is the most appropriate corrective
action. The deleted text end new text begin to acquire interests in real or personal property, including easements,
environmental covenants under chapter 114E, and leases, that the agency determines are
necessary for corrective actions or to ensure the protectiveness of corrective actions. The
agency may require an easement by condemnation only if the agency is unable, after
reasonable efforts, to acquire an interest in real property by purchase or donation. Chapter
117 governs condemnation proceedings by the agency under this clause. A donation of an
interest in real property to the agency is not effective until the agency executes a certificate
of acceptance. The state is not liable under this chapter solely as a result of acquiring an
interest in real property under this clause. Agency approval of an environmental covenant
under chapter 114E is sufficient evidence of acceptance of an interest in real property
when the agency is expressly identified as a holder in the covenant. new text end Acquisition of deleted text begin all
properties deleted text end new text begin real property under this clause, except environmental covenants under chapter
114E, new text end is subject to approval by the board.

(b) Except as provided in paragraph (c), money in the fund is appropriated to the
board to make reimbursements or payments under this section.

(c) In fiscal years 2010 and 2011, $3,700,000 is annually appropriated from the fund
to the commissioner of employment and economic development for contamination cleanup
grants under section 116J.554. Beginning in fiscal year 2012 and each year thereafter,
$6,200,000 is annually appropriated from the fund to the commissioner of employment
and economic development for contamination cleanup grants under section 116J.554. Of
this amount, the commissioner may spend up to $225,000 annually for administration
of the contamination cleanup grant program. The appropriation does not cancel and is
available until expended. The appropriation shall not be withdrawn from the fund nor the
fund balance reduced until the funds are requested by the commissioner of employment
and economic development. The commissioner shall schedule requests for withdrawals
from the fund to minimize the necessity to impose the fee authorized by subdivision 2.
Unless otherwise provided, the appropriation in this paragraph may be used for:

(1) project costs at a qualifying site if a portion of the cleanup costs are attributable
to petroleum contamination or new and used tar and tar-like substances, including but not
limited to bitumen and asphalt, but excluding bituminous or asphalt pavement, that consist
primarily of hydrocarbons and are found in natural deposits in the earth or are distillates,
fractions, or residues from the processing of petroleum crude or petroleum products as
defined in section 296A.01; and

(2) the costs of performing contamination investigation if there is a reasonable basis
to suspect the contamination is attributable to petroleum or new and used tar and tar-like
substances, including but not limited to bitumen and asphalt, but excluding bituminous or
asphalt pavement, that consist primarily of hydrocarbons and are found in natural deposits
in the earth or are distillates, fractions, or residues from the processing of petroleum crude
or petroleum products as defined in section 296A.01.

Sec. 8.

Minnesota Statutes 2012, section 115C.08, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Disposition of property acquired for corrective action. new text end

new text begin (a) If the
commissioner determines that real or personal property acquired by the agency for a
corrective action is no longer needed for corrective action purposes, the commissioner may:
new text end

new text begin (1) transfer the property to the commissioner of administration to be disposed of in
the manner required for other surplus property, subject to conditions the commissioner
of the Pollution Control Agency determines necessary to protect the public health and
welfare and the environment or to comply with federal law;
new text end

new text begin (2) transfer the property to another state agency, a political subdivision, or a special
purpose district as provided in paragraph (b); or
new text end

new text begin (3) if required by federal law, take actions and dispose of the property according
to federal law.
new text end

new text begin (b) If the commissioner determines that real or personal property acquired by
the agency for a corrective action must be operated, maintained, or monitored after
completion of other phases of the corrective action, the commissioner may transfer
ownership of the property to another state agency, a political subdivision, or a special
purpose district that agrees to accept the property. A state agency, political subdivision,
or special purpose district may accept and implement terms and conditions of a transfer
under this paragraph. The commissioner may set terms and conditions for the transfer
that the commissioner considers reasonable and necessary to ensure proper operation,
maintenance, and monitoring of corrective actions; protect the public health and welfare
and the environment; and comply with applicable federal and state laws and regulations.
The state agency, political subdivision, or special purpose district to which the property is
transferred is not liable under this chapter solely as a result of acquiring the property or
acting in accordance with the terms and conditions of transfer.
new text end

new text begin (c) The proceeds of a sale or other transfer of property under this subdivision
by the commissioner or by the commissioner of administration shall be deposited in
the petroleum tank fund or other appropriate fund. Any share of the proceeds that the
agency is required by federal law or regulation to reimburse to the federal government is
appropriated from the fund to the agency for the purpose. Section 16B.287, subdivision 1,
does not apply to real property that is sold by the commissioner of administration and that
was acquired under subdivision 4, clause (11).
new text end

Sec. 9.

Minnesota Statutes 2012, section 115D.10, is amended to read:

115D.10 TOXIC POLLUTION PREVENTION EVALUATION REPORT.

The commissioner, in cooperation with the commission, shall report to
the Environment and Natural Resources Committees of the senate and house of
representatives, the Finance Division of the senate Committee on Environment and
Natural Resources, and the house of representatives Committee on Environment and
Natural Resources Finance on progress being made in achieving the objectives of sections
115D.01 to 115D.12. The report must be deleted text begin submitted by February 1 of each even-numbered
year deleted text end new text begin done in conjunction with the report required under section 115A.121 new text end .

Sec. 10.

Minnesota Statutes 2012, section 116.48, subdivision 6, is amended to read:

Subd. 6.

Affidavit.

new text begin (a) new text end Before transferring ownership of property that the owner
knows contains an underground or aboveground storage tank or contained an underground
or aboveground storage tank that had a release for which no corrective action was taken new text begin or
if required by the agency as a condition of a corrective action under chapter 115C new text end , the
owner shall record with the county recorder or registrar of titles of the county in which the
property is located an affidavit containing:

(1) a legal description of the property where the tank is located;

(2) a description of the tank, of the location of the tank, and of any known release
from the tank of a regulated substance new text begin to the full extent known or reasonably ascertainable new text end ;

(3) a description of any restrictions currently in force on the use of the property
resulting from any release; and

(4) the name of the owner.

new text begin (b) new text end The county recorder shall record the affidavits in a manner that will insure
their disclosure in the ordinary course of a title search of the subject property. Before
transferring ownership of property that the owner knows contains an underground or
aboveground storage tank, the owner shall deliver to the purchaser a copy of the affidavit
and any additional information necessary to make the facts in the affidavit accurate as of
the date of transfer of ownership.

new text begin (c) Failure to record an affidavit as provided in this subdivision does not affect or
prevent any transfer of ownership of the property.
new text end

Sec. 11.

Minnesota Statutes 2012, section 473.846, is amended to read:

473.846 deleted text begin REPORTS deleted text end new text begin REPORT new text end TO LEGISLATURE.

The agency shall submit to the senate and house of representatives committees
having jurisdiction over environment and natural resources deleted text begin separate reports deleted text end new text begin a report
new text end describing the activities for which money for landfill abatement has been spent under
deleted text begin sections deleted text end new text begin section new text end 473.844 deleted text begin and 473.845 deleted text end . The report deleted text begin for section 473.844 expenditures deleted text end shall be
included in the report required by section 115A.411, and shall include recommendations
on the future management and use of the metropolitan landfill abatement account. deleted text begin By
December 31 of each year, the commissioner shall submit the report for section 473.845
on contingency action trust fund activities.
deleted text end

Sec. 12. new text begin REPEALER.
new text end

new text begin Minnesota Rules, parts 7021.0010, subparts 1, 2, 4, and 5; 7021.0020; 7021.0030;
7021.0040; 7021.0050, subpart 5; 9210.0300; 9210.0310; 9210.0320; 9210.0330;
9210.0340; 9210.0350; 9210.0360; 9210.0370; 9210.0380; and 9220.0530, subpart 6, new text end new text begin are
repealed.
new text end