1.1                          A bill for an act 
  1.2             relating to the environment; amending provisions of 
  1.3             the Dry Cleaner Environmental Response and 
  1.4             Reimbursement Law; amending Minnesota Statutes 2000, 
  1.5             sections 115B.48, subdivision 5; 115B.49, subdivision 
  1.6             4; 115B.51. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 115B.48, 
  1.9   subdivision 5, is amended to read: 
  1.10     Subd. 5.  [DRYCLEANING SOLVENT.] "Drycleaning solvent" 
  1.11  means a chlorine- or hydrocarbon-based formulation or product 
  1.12  that is used as a primary cleaning agent in drycleaning 
  1.13  operations any nonaqueous solvent for use in the cleaning of 
  1.14  garments or other fabrics at a dry-cleaning facility, including, 
  1.15  but not limited to: 
  1.16     (1) perchloroethylene and its degradation products; and 
  1.17     (2) petroleum-based solvents and their degradation products.
  1.18     Sec. 2.  Minnesota Statutes 2000, section 115B.49, 
  1.19  subdivision 4, is amended to read: 
  1.20     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
  1.21  of a drycleaning facility shall register on or before October 1 
  1.22  of each year with the commissioner of revenue in a manner 
  1.23  prescribed by the commissioner of revenue and pay a registration 
  1.24  fee for the facility.  The amount of the fee is: 
  1.25     (1) $500, for facilities with a full-time equivalence of 
  1.26  fewer than five; 
  2.1      (2) $1,000, for facilities with a full-time equivalence of 
  2.2   five to ten; and 
  2.3      (3) $1,500, for facilities with a full-time equivalence of 
  2.4   more than ten. 
  2.5      (b) A person who sells drycleaning solvents for use by 
  2.6   drycleaning facilities in the state shall collect and remit to 
  2.7   the commissioner of revenue in a manner prescribed by the 
  2.8   commissioner of revenue, on or before the 20th day of the month 
  2.9   following the month in which the sales of drycleaning solvents 
  2.10  are made, a fee of: 
  2.11     (1) $3.50 for each gallon of perchloroethylene sold for use 
  2.12  by drycleaning facilities in the state; and 
  2.13     (2) 70 cents for each gallon of hydrocarbon-based 
  2.14  drycleaning solvent sold for use by drycleaning facilities in 
  2.15  the state; and 
  2.16     (3) 35 cents for each gallon of other nonaqueous solvents 
  2.17  sold for use by dry-cleaning facilities in the state. 
  2.18     (c) To enforce this subdivision, the commissioner of 
  2.19  revenue may examine documents, assess and collect fees, conduct 
  2.20  investigations, issue subpoenas, grant extensions to file 
  2.21  returns and pay fees, impose penalties and interest on the 
  2.22  annual registration fee under paragraph (a) and the monthly fee 
  2.23  under paragraph (b), abate penalties and interest, and 
  2.24  administer appeals, in the manner provided in chapters 270 and 
  2.25  289A.  The penalties and interest imposed on taxes under chapter 
  2.26  297A apply to the fees imposed under this subdivision.  
  2.27  Disclosure of data collected by the commissioner of revenue 
  2.28  under this subdivision is governed by chapter 270B. 
  2.29     Sec. 3.  Minnesota Statutes 2000, section 115B.51, is 
  2.30  amended to read: 
  2.31     115B.51 [ILLEGAL ACTIONS.] 
  2.32     The commissioner may recover under section 115B.17, 
  2.33  subdivision 6, that portion of the environmental response costs 
  2.34  at a drycleaning facility that is attributable to a person who 
  2.35  otherwise would be responsible for the release or threatened 
  2.36  release under section 115B.03, and whose actions related to the 
  3.1   release or threatened release were in frequent and flagrant 
  3.2   violation of federal or state hazardous waste management laws in 
  3.3   effect at the time of those actions. 
  3.4      Sec. 4.  [EFFECTIVE DATE.] 
  3.5      Sections 1 and 3 are effective on the day following final 
  3.6   enactment.  Section 2 is effective April 1, 2002.