HF 2342

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to appropriations; appropriating money for 
  1.3             compensation for remediation of the Empire Builder 
  1.4             property; providing claim priority. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [EMPIRE BUILDER PROPERTY REMEDIATION.] 
  1.7      Subdivision 1.  [APPROPRIATION.] $1,400,000 is appropriated 
  1.8   from the general fund to the Minnesota pollution control agency 
  1.9   for grants for compensation for remediation of environmental 
  1.10  contamination discovered after issuance by the agency of a 
  1.11  certificate of completion for property previously owned by the 
  1.12  port authority of the city of St. Paul and known as the Empire 
  1.13  Builder property in St. Paul. 
  1.14     Subd. 2.  [ASSIGNMENT OF CLAIMS.] The appropriation in 
  1.15  subdivision 1 shall be used to reimburse those parties that have 
  1.16  incurred cleanup costs at the Empire Builder site.  All claims 
  1.17  of the state of Minnesota for recovery of the $1,400,000 in 
  1.18  response costs against responsible parties, under Minnesota 
  1.19  Statutes, chapter 115B, or any other law, are assigned to the 
  1.20  port authority of the city of St. Paul.  The port authority of 
  1.21  the city of St. Paul may bring any claims, under Minnesota 
  1.22  Statutes, chapter 115B, or any other law, for recovery of these 
  1.23  cleanup costs incurred by the state of Minnesota.  Recoverable 
  1.24  costs also include administrative, technical, and legal 
  1.25  expenses, including attorney fees, to the extent provided by law.
  2.1      Subd. 3.  [DISPOSITION OF RECOVERED COSTS.] Costs recovered 
  2.2   by the port authority of the city of St. Paul pursuant to 
  2.3   subdivision 2, less administrative, technical, and legal 
  2.4   expenses, including attorney fees, shall, to the extent 
  2.5   available, be first used to reimburse the state of Minnesota, up 
  2.6   to the appropriation provided in subdivision 1. 
  2.7      Subd. 4.  [EFFECT ON RIGHTS.] Nothing in this section shall 
  2.8   be construed to modify or otherwise limit the rights of the port 
  2.9   authority of the city of St. Paul to recover cleanup costs or 
  2.10  other costs or damages as provided by Minnesota Statutes, 
  2.11  chapter 115B, or any other law.