HF 3562

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; increasing the maximum amount 
  1.3             of reimbursement from the agricultural chemical 
  1.4             response and reimbursement account; amending Minnesota 
  1.5             Statutes 1998, section 18E.04, subdivision 4. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 18E.04, 
  1.8   subdivision 4, is amended to read: 
  1.9      Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
  1.10  a person that is eligible for reimbursement or payment under 
  1.11  subdivisions 1, 2, and 3 from the agricultural chemical response 
  1.12  and reimbursement account for:  
  1.13     (1) 90 percent of the total reasonable and necessary 
  1.14  corrective action costs greater than $1,000 and less than or 
  1.15  equal to $100,000; and 
  1.16     (2) 100 percent of the total reasonable and necessary 
  1.17  corrective action costs greater than $100,000 but less than or 
  1.18  equal to $200,000; 
  1.19     (3) 80 percent of the total reasonable and necessary 
  1.20  corrective action costs greater than $200,000 but less than or 
  1.21  equal to $300,000; and 
  1.22     (4) 60 percent of the total reasonable and necessary 
  1.23  corrective action costs greater than $300,000 but less than or 
  1.24  equal to $350,000.  
  1.25     (b) A reimbursement or payment may not be made until the 
  2.1   board has determined that the costs are reasonable and are for a 
  2.2   reimbursement of the costs that were actually incurred. 
  2.3      (c) The board may make periodic payments or reimbursements 
  2.4   as corrective action costs are incurred upon receipt of invoices 
  2.5   for the corrective action costs. 
  2.6      (d) Money in the agricultural chemical response and 
  2.7   reimbursement account is appropriated to the commissioner to 
  2.8   make payments and reimbursements directed by the board under 
  2.9   this subdivision.  
  2.10     (e) The board may not make reimbursement greater than the 
  2.11  maximum allowed under paragraph (a) for all incidents on a 
  2.12  single site which: 
  2.13     (1) were not reported at the time of release but were 
  2.14  discovered and reported after July 1, 1989; and 
  2.15     (2) may have occurred prior to July 1, 1989, as determined 
  2.16  by the commissioner. 
  2.17     (f) The board may only reimburse an eligible person for 
  2.18  separate incidents within a single site if the commissioner 
  2.19  determines that each incident is completely separate and 
  2.20  distinct in respect of location within the single site or time 
  2.21  of occurrence. 
  2.22     Sec. 2.  [EFFECTIVE DATE.] 
  2.23     Section 1 is effective on July 1, 1999, and applies to 
  2.24  claims for corrective action costs incurred after that date.