2007 Minnesota Statutes

115B.20 ACTIONS USING MONEY FROM REMEDIATION FUND.
    Subdivision 1.[Repealed by amendment, 2003 c 128 art 2 s 12]
    Subd. 2. Purposes for which money may be spent. Money appropriated from the
remediation fund under section 116.155, subdivision 2, paragraph (a), clause (1), may be spent
only for the following purposes:
(1) preparation by the agency and the commissioner of agriculture for taking removal or
remedial action under section 115B.17, or under chapter 18D, including investigation, monitoring
and testing activities, enforcement and compliance efforts relating to the release of hazardous
substances, pollutants or contaminants under section 115B.17 or 115B.18, or chapter 18D;
(2) removal and remedial actions taken or authorized by the agency or the commissioner of
the Pollution Control Agency under section 115B.17, or taken or authorized by the commissioner
of agriculture under chapter 18D including related enforcement and compliance efforts under
section 115B.17 or 115B.18, or chapter 18D, and payment of the state share of the cost of remedial
action which may be carried out under a cooperative agreement with the federal government
pursuant to the federal Superfund Act, under United States Code, title 42, section 9604(c)(3)
for actions related to facilities other than commercial hazardous waste facilities located under
the siting authority of chapter 115A;
(3) reimbursement to any private person for expenditures made before July 1, 1983, to
provide alternative water supplies deemed necessary by the agency or the commissioner of
agriculture and the Department of Health to protect the public health from contamination resulting
from the release of a hazardous substance;
(4) assessment and recovery of natural resource damages by the agency and the commissioner
of natural resources for administration, planning, and implementation by the commissioner of
natural resources of the rehabilitation, restoration, or acquisition of natural resources to remedy
injuries or losses to natural resources resulting from the release of a hazardous substance; before
implementing a project to rehabilitate, restore, or acquire natural resources under this clause, the
commissioner of natural resources shall provide written notice of the proposed project to the
chairs of the senate and house of representatives committees with jurisdiction over environment
and natural resources finance;
(5) acquisition of a property interest under section 115B.17, subdivision 15;
(6) reimbursement, in an amount to be determined by the agency in each case, to a political
subdivision that is not a responsible person under section 115B.03, for reasonable and necessary
expenditures resulting from an emergency caused by a release or threatened release of a hazardous
substance, pollutant, or contaminant; and
(7) reimbursement to a political subdivision for expenditures in excess of the liability limit
under section 115B.04, subdivision 4.
    Subd. 3. Limit on certain expenditures. The commissioner of agriculture or the Pollution
Control Agency or the agency may not spend any money under subdivision 2, clause (2), for
removal or remedial actions to the extent that the costs of those actions may be compensated from
any fund established under the Federal Superfund Act, United States Code, title 42, section 9600
et seq. The commissioner of agriculture or the Pollution Control Agency or the agency shall
determine the extent to which any of the costs of those actions may be compensated under the
federal act based on the likelihood that the compensation will be available in a timely fashion. In
making this determination the commissioner of agriculture or the Pollution Control Agency or
the agency shall take into account:
(1) the urgency of the removal or remedial actions and the priority assigned under the Federal
Superfund Act to the release which necessitates those actions;
(2) the availability of money in the funds established under the Federal Superfund Act; and
(3) the consistency of any compensation for the cost of the proposed actions under the Federal
Superfund Act with the national contingency plan, if such a plan has been adopted under that act.
    Subd. 4.[Repealed by amendment, 2003 c 128 art 2 s 12]
    Subd. 5.[Repealed by amendment, 2003 c 128 art 2 s 12]
    Subd. 6. Report to legislature. Each year, the commissioner of agriculture and the agency
shall submit to the senate Finance Committee, the house Ways and Means Committee, the
Environment and Natural Resources Committees of the senate and house of representatives,
the Finance Division of the senate Committee on Environment and Natural Resources, and the
house of representatives Committee on Environment and Natural Resources Finance, and the
Environmental Quality Board a report detailing the activities for which money has been spent
pursuant to this section during the previous fiscal year.
History: 1983 c 121 s 20; 1987 c 186 s 15; 1989 c 325 s 31; 1989 c 326 art 8 s 7; 1989 c
335 art 1 s 269; art 4 s 37-39,106; 1990 c 597 s 55; 1993 c 4 s 14; 1994 c 557 s 25; 1995 c 220 s
98; 1995 c 247 art 2 s 54; 1996 c 470 s 27; 1997 c 7 art 1 s 31,32; 1999 c 86 art 1 s 22; art 3 s
13; 2002 c 379 art 1 s 32-34; 2003 c 128 art 2 s 12; 2005 c 10 art 1 s 23