HF 4013

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/19/2024 02:11pm

A bill for an act
relating to environment; requiring a state agency to pay for the costs of investigating
petroleum releases on land owned by the agency; amending Minnesota Statutes
2022, section 115C.04, subdivisions 1, 3.

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

Section 1.

Minnesota Statutes 2022, section 115C.04, subdivision 1, is amended to read:

Subdivision 1.

Corrective action liability.

(a) A responsible person is liable for the cost
of the corrective action taken by the agency under section 115C.03, subdivisions 2 and 3,
including the cost of investigating the release and administrative and legal expenses, if:

(1) the responsible person has failed to take a corrective action ordered by the
commissioner and the agency has taken the action;

(2) the agency has taken corrective action in an emergency under section 115C.03,
subdivision 3; or

(3) the agency has taken corrective action because a responsible person could not be
identified.

(b) A responsible person is liable for the reimbursement paid by the Petroleum Tank
Release Compensation Board under section 115C.09, subdivision 3a, to the extent the
reimbursement is for corrective action that the responsible person could have been ordered
to perform under section 115C.03, subdivision 1.

new text begin (c) Notwithstanding paragraphs (a) and (b) or any other provision of this chapter, a
person is not liable for the costs of investigating a release from a tank located on real property
owned by a state agency.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2022, and
applies to real property purchased by a state agency on or after that date.
new text end

Sec. 2.

Minnesota Statutes 2022, section 115C.04, subdivision 3, is amended to read:

Subd. 3.

Cost recovery; subrogation.

Reasonable and necessary expenses incurred by
the agency in taking a corrective action, including costs of investigating a release,
administrative and legal expenses, and reimbursement costs described in subdivision 1,
paragraph (b), may be recovered in a civil action in district court brought by the attorney
general on behalf of the board against a responsible person. The agency's certification of
expenses is prima facie evidence that the expenses are reasonable and necessary. If the
responsible person has petroleum tank leakage or spill insurance coverage that insures
against the liability provided in this section, the board is subrogated to the rights of the
responsible person with respect to that insurance coverage, to the extent of the expenses
incurred by the agency and described in this subdivision. The board may request the attorney
general to bring an action in district court against the insurer to enforce this subrogation
right. Expenses that are recovered under this section must be deposited in the fund. new text begin The
costs of investigating a release from a tank located on real property owned by a state agency
are not recoverable under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively from January 1, 2022, and
applies to real property purchased by a state agency on or after that date.
new text end