Minnesota Legislature
HF 3361
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to agriculture; changing certain payment provisions for certain
agricultural chemical corrective action costs; amending Minnesota Statutes 2006,
section 18E.04, subdivision 2.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 18E.04, subdivision 2, is amended to read:
Subd. 2.
Payment of corrective action costs.
(a) On request by an eligible person,
the board may pay the eligible person for the reasonable and necessary cash disbursements
for corrective action costs incurred by the eligible person as provided under subdivision 4
if the board determines:
(1) the eligible person pays the first $1,000 of the corrective action costs;
(2) the eligible person provides the board with a sworn affidavit and other convincing
evidence that the eligible person is unable to pay additional corrective action costs;
(3) the eligible person continues to assume responsibility for carrying out the
requirements of corrective action orders issued to the eligible person or that are in effect;
(4) the incident was reported as required in chapters 18B, 18C, and 18D; and
(5) the eligible person submits an application for payment or reimbursement to the
departmentnew text begin , along with associated invoices,new text end within three years of (i) deleted text begin incurring eligible
corrective action costsdeleted text end new text begin performance of the eligible worknew text end , or (ii) approval of deleted text begin adeleted text end new text begin the relatednew text end
corrective action designnew text begin or plan for that worknew text end , whichever is later.
(b) The eligible person must submit an application for payment or reimbursement of
eligible cost incurred prior to July 1, 2001, no later than June 1, 2004.
(c) An eligible person is not eligible for payment or reimbursement and must refund
amounts paid or reimbursed by the board if false statements or misrepresentations are
made in the affidavit or other evidence submitted to the commissioner to show an inability
to pay corrective action costs.
(d) The board may pay the eligible person and one or more designees by multiparty
check.