HF 3368

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/22/2024 03:37pm

A bill for an act
relating to environment; requiring notification and local approval before certain
uses of money in the closed landfill investment fund and the metropolitan landfill
contingency action trust account; amending Minnesota Statutes 2022, sections
115B.421; 473.845, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 115B.421, is amended to read:

115B.421 CLOSED LANDFILL INVESTMENT FUND.

new text begin Subdivision 1. new text end

new text begin Establishment. new text end

(a) The closed landfill investment fund is established in
the state treasury. The fund consists of money credited to the fund and interest and other
earnings on money in the fund. Funds must be deposited as described in section 115B.445.
The fund must be managed to maximize long-term gain through the State Board of
Investment.

(b) Each fiscal year, up to $4,500,000 is appropriated from the closed landfill investment
fund to the commissioner for the purposes of sections 115B.39 to 115B.444.

(c) If the commissioner determines that a release or threatened release from a qualified
facility for which the commissioner has assumed obligations for environmental response
actions under section 115B.40 or 115B.406 constitutes an emergency requiring immediate
action to prevent, minimize, or mitigate damage either to the public health or welfare or the
environment or to a system designed to protect the public health or welfare or the
environment, up to $9,000,000 in addition to the amount appropriated under paragraph (b)
is appropriated to the commissioner in the first year of the biennium and may be spent by
the commissioner to take reasonable and necessary emergency response actions. Money
not spent in the first year of the biennium may be spent in the second year. If money is
appropriated under this paragraph, the commissioner must notify the chairs of the senate
and house of representatives committees having jurisdiction over environment policy and
finance as soon as possible. The commissioner must maintain the fund balance to ensure
long-term viability of the fund and reflect the responsibility of the landfill cleanup program
in perpetuity.

(d) Paragraphs (b) and (c) expire June 30, 2025.

new text begin Subd. 2. new text end

new text begin Local approval. new text end

new text begin Money in the closed landfill investment fund may not be spent
or transferred for purposes other than the purposes provided under sections 115B.39 to
115B.444 until:
new text end

new text begin (1) a public review and comment period on the spending or transfer has been completed,
including a public meeting within each of the counties with the ten largest, by acreage,
qualified facilities. The public review and comment period must be at least 180 days, and
notice of the public meeting must be published in a newspaper of general circulation in the
county at least 30 days before the meeting; and
new text end

new text begin (2) the county boards of all counties with one of the ten largest, by acreage, qualified
facilities approve by resolution the spending or transfer.
new text end

Sec. 2.

Minnesota Statutes 2022, section 473.845, is amended by adding a subdivision to
read:

new text begin Subd. 3a. new text end

new text begin Local approval. new text end

new text begin Money in the metropolitan landfill contingency action trust
account may not be spent or transferred for purposes other than the purposes provided under
this section until:
new text end

new text begin (1) a public review and comment period on the spending or transfer has been completed,
including a public meeting within each county with a facility eligible for spending from the
metropolitan landfill contingency action trust account. The public review and comment
period must be at least 180 days, and notice of the public meeting must be published in a
newspaper of general circulation in the county at least 30 days before the meeting; and
new text end

new text begin (2) the county boards of all counties with an eligible facility approve by resolution the
spending or transfer.
new text end