HF 1886

as introduced - 92nd Legislature (2021 - 2022) Posted on 02/28/2022 04:32pm

A bill for an act
relating to agriculture; increasing the maximum reimbursement allowed from the
agricultural chemical response and reimbursement account; amending Minnesota
Statutes 2020, section 18E.04, subdivision 4.

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

Section 1.

Minnesota Statutes 2020, section 18E.04, subdivision 4, is amended to read:

Subd. 4.

Reimbursement payments.

(a) The board shall pay a person that is eligible
for reimbursement or payment under subdivisions 1, 2, and 3 from the agricultural chemical
response and reimbursement account for 80 percent of the total reasonable and necessary
corrective action costs greater than $1,000 and less than or equal to deleted text begin $350,000 deleted text end new text begin $600,000 new text end .

(b) A reimbursement or payment may not be made until the board has determined that
the costs are reasonable and are for a reimbursement of the costs that were actually incurred.

(c) The board may make periodic payments or reimbursements as corrective action costs
are incurred upon receipt of invoices for the corrective action costs.

(d) Money in the agricultural chemical response and reimbursement account is
appropriated to the commissioner to make payments and reimbursements directed by the
board under this subdivision.

(e) The board may not make reimbursement greater than the maximum allowed under
paragraph (a) for all incidents on a single site which:

(1) were not reported at the time of release but were discovered and reported after July
1, 1989; and

(2) may have occurred prior to July 1, 1989, as determined by the commissioner.

(f) The board may only reimburse an eligible person for separate incidents within a
single site if the commissioner determines that each incident is completely separate and
distinct in respect of location within the single site or time of occurrence.

(g) Except for an emergency incident, the board may not reimburse or pay for more than
60 percent of the corrective action costs of an eligible person or for an incident within five
years of a previous incident at a single site resulting from a site recontamination.

(h) The deduction of $1,000 and 20 percent from the deleted text begin $350,000 deleted text end new text begin $600,000 new text end remuneration
may be waived by the board if the incident took place on or after August 18, 2007, and was
caused by flooding associated with Presidential Declaration of Major Disaster DR-1717.