SF 3353

Introduction - 82nd Legislature (2001 - 2002)

Posted on 12/15/2009 12:00 a.m.

  1.1                          A bill for an act 
  1.2             relating to agriculture; changing provisions of the 
  1.3             agricultural chemical response and reimbursement law; 
  1.4             amending Minnesota Statutes 2000, sections 18E.02, by 
  1.5             adding a subdivision; 18E.03, subdivision 4; 18E.04, 
  1.6             subdivision 3, by adding a subdivision; 18E.06; 
  1.7             Minnesota Statutes 2001 Supplement, sections 18E.04, 
  1.8             subdivisions 2, 4. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2000, section 18E.02, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 5a.  [EMERGENCY INCIDENT.] "Emergency incident" means 
  1.13  an incident resulting from a flood, fire, tornado, 
  1.14  transportation accident, storage container rupture, or other 
  1.15  event as determined by the commissioner that immediately, 
  1.16  uncontrollably, and unpredictably releases agricultural 
  1.17  chemicals into the environment and which may cause unreasonable 
  1.18  adverse effects on the public health or the environment. 
  1.19     Sec. 2.  Minnesota Statutes 2000, section 18E.03, 
  1.20  subdivision 4, is amended to read: 
  1.21     Subd. 4.  [FEE.] (a) The response and reimbursement fee 
  1.22  consists of the surcharges and any adjustments made by the 
  1.23  commissioner in this subdivision and shall be collected by the 
  1.24  commissioner.  The amount of the response and reimbursement fee 
  1.25  shall be determined and imposed annually by the commissioner as 
  1.26  required to satisfy the requirements in subdivision 3.  The 
  1.27  commissioner shall adjust the amount of the surcharges imposed 
  2.1   in proportion to the amount of the surcharges listed in this 
  2.2   subdivision.  License application categories under paragraph (d) 
  2.3   must be charged in proportion to the amount of surcharges 
  2.4   imposed up to a maximum of 50 percent of the license fees set 
  2.5   under chapters 18B and 18C. 
  2.6      (b) The commissioner shall impose a surcharge on pesticides 
  2.7   registered under chapter 18B to be collected as a surcharge on 
  2.8   the registration application fee under section 18B.26, 
  2.9   subdivision 3, that is equal to 0.1 percent of sales of the 
  2.10  pesticide in the state and sales of pesticides for use in the 
  2.11  state during the previous calendar year, except the surcharge 
  2.12  may not be imposed on pesticides that are sanitizers or 
  2.13  disinfectants as determined by the commissioner.  No surcharge 
  2.14  is required if the surcharge amount based on percent of annual 
  2.15  gross sales is less than $10.  The registrant shall determine 
  2.16  when and which pesticides are sold or used in this state.  The 
  2.17  registrant shall secure sufficient sales information of 
  2.18  pesticides distributed into this state from distributors and 
  2.19  dealers, regardless of distributor location, to make a 
  2.20  determination.  Sales of pesticides in this state and sales of 
  2.21  pesticides for use in this state by out-of-state distributors 
  2.22  are not exempt and must be included in the registrant's annual 
  2.23  report, as required under section 18B.26, subdivision 3, 
  2.24  paragraph (c), and fees shall be paid by the registrant based 
  2.25  upon those reported sales.  Sales of pesticides in the state for 
  2.26  use outside of the state are exempt from the surcharge in this 
  2.27  paragraph if the registrant properly documents the sale location 
  2.28  and the distributors. 
  2.29     (c) The commissioner shall impose a ten cents per ton 
  2.30  surcharge on the inspection fee under section 18C.425, 
  2.31  subdivision 6, for fertilizers, soil amendments, and plant 
  2.32  amendments.  
  2.33     (d) The commissioner shall impose a surcharge on the 
  2.34  license application of persons licensed under chapters 18B and 
  2.35  18C consisting of: 
  2.36     (1) a $75 surcharge for each site where pesticides are 
  3.1   stored or distributed, to be imposed as a surcharge on pesticide 
  3.2   dealer application fees up to a maximum of 50 percent of the 
  3.3   license fee required under section 18B.31, subdivision 5; 
  3.4      (2) a $75 surcharge for each site where a fertilizer, plant 
  3.5   amendment, or soil amendment is distributed, to be imposed on 
  3.6   persons licensed up to a maximum of 50 percent of the license 
  3.7   fee required under sections 18C.415 and 18C.425; 
  3.8      (3) a $50 surcharge to be imposed on a structural pest 
  3.9   control applicator license application up to a maximum of 50 
  3.10  percent of the license fee required under section 18B.32, 
  3.11  subdivision 6, for business license applications only; 
  3.12     (4) a $20 surcharge to be imposed on commercial applicator 
  3.13  license application fees up to a maximum of 50 percent of the 
  3.14  license fee required under section 18B.33, subdivision 7; 
  3.15     (5) a $20 surcharge to be imposed on noncommercial 
  3.16  applicator license application fees up to a maximum of 50 
  3.17  percent of the license fee required under section 18B.34, 
  3.18  subdivision 5, except a surcharge may not be imposed on a 
  3.19  noncommercial applicator that is a state agency, political 
  3.20  subdivision of the state, the federal government, or an agency 
  3.21  of the federal government; and 
  3.22     (6) a $20 surcharge to be imposed on aquatic pest control 
  3.23  licenses up to a maximum of 50 percent of the license fee 
  3.24  required under section 18B.315. 
  3.25     (e) A $1,000 fee shall be imposed on each site where 
  3.26  pesticides are stored and sold for use outside of the state 
  3.27  unless:  
  3.28     (1) the distributor properly documents that it has less 
  3.29  than $2,000,000 per year in wholesale value of pesticides stored 
  3.30  and transferred through the site; or 
  3.31     (2) the registrant pays the surcharge under paragraph (b) 
  3.32  and the registration fee under section 18B.26, subdivision 3, 
  3.33  for all of the pesticides stored at the site and sold for use 
  3.34  outside of the state. 
  3.35     (f) Paragraphs (c) to (e) apply to sales, licenses issued, 
  3.36  applications received for licenses, and inspection fees imposed 
  4.1   on or after July 1, 1990. 
  4.2      Sec. 3.  Minnesota Statutes 2001 Supplement, section 
  4.3   18E.04, subdivision 2, is amended to read: 
  4.4      Subd. 2.  [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 
  4.5   request by an eligible person, the board may pay the eligible 
  4.6   person for the reasonable and necessary cash disbursements for 
  4.7   corrective action costs incurred by the eligible person as 
  4.8   provided under subdivision 4 if the board determines: 
  4.9      (1) the eligible person pays the first $1,000 of the 
  4.10  corrective action costs; 
  4.11     (2) the eligible person provides the board with a sworn 
  4.12  affidavit and other convincing evidence that the eligible person 
  4.13  is unable to pay additional corrective action costs; 
  4.14     (3) the eligible person continues to assume responsibility 
  4.15  for carrying out the requirements of corrective action orders 
  4.16  issued to the eligible person or that are in effect; 
  4.17     (4) the incident was reported as required in chapters 18B, 
  4.18  18C, and 18D; and 
  4.19     (5) the eligible person submits an application for payment 
  4.20  or reimbursement to the department within three years of (i) 
  4.21  incurring eligible corrective action costs, or (ii) approval of 
  4.22  a corrective action report design, whichever is later. 
  4.23     (b) The eligible person must submit an application for 
  4.24  payment or reimbursement of eligible cost incurred prior to July 
  4.25  1, 2001, no later than June 1, 2004. 
  4.26     (c) An eligible person is not eligible for payment or 
  4.27  reimbursement and must refund amounts paid or reimbursed by the 
  4.28  board if false statements or misrepresentations are made in the 
  4.29  affidavit or other evidence submitted to the commissioner to 
  4.30  show an inability to pay corrective action costs.  
  4.31     (d) The board may pay the eligible person and one or more 
  4.32  designees by multiparty check. 
  4.33     Sec. 4.  Minnesota Statutes 2000, section 18E.04, 
  4.34  subdivision 3, is amended to read: 
  4.35     Subd. 3.  [PARTIAL REIMBURSEMENT.] (a) If the unencumbered 
  4.36  balance of the account drops below $2,000,000, the board may 
  5.1   only pay or reimburse an eligible person up to $100,000 within 
  5.2   the same fiscal year. 
  5.3      (b) If the board determines that an incident was caused by 
  5.4   a violation of chapter 18B, 18C, or 18D, the board may reimburse 
  5.5   or pay a portion of the corrective action costs of the eligible 
  5.6   person based on the culpability of the eligible person and the 
  5.7   percentage of the costs not attributable to the violation.  
  5.8      Sec. 5.  Minnesota Statutes 2001 Supplement, section 
  5.9   18E.04, subdivision 4, is amended to read: 
  5.10     Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
  5.11  a person that is eligible for reimbursement or payment under 
  5.12  subdivisions 1, 2, and 3 from the agricultural chemical response 
  5.13  and reimbursement account for:  
  5.14     (1) 90 80 percent of the total reasonable and necessary 
  5.15  corrective action costs greater than $1,000 and less than or 
  5.16  equal to $200,000; 
  5.17     (2) 80 percent of the total reasonable and necessary 
  5.18  corrective action costs greater than $200,000 but less than or 
  5.19  equal to $300,000; and 
  5.20     (3) 60 percent of the total reasonable and necessary 
  5.21  corrective action costs greater than $300,000 but less than or 
  5.22  equal to $350,000.  
  5.23     (b) A reimbursement or payment may not be made until the 
  5.24  board has determined that the costs are reasonable and are for a 
  5.25  reimbursement of the costs that were actually incurred. 
  5.26     (c) The board may make periodic payments or reimbursements 
  5.27  as corrective action costs are incurred upon receipt of invoices 
  5.28  for the corrective action costs. 
  5.29     (d) Money in the agricultural chemical response and 
  5.30  reimbursement account is appropriated to the commissioner to 
  5.31  make payments and reimbursements directed by the board under 
  5.32  this subdivision.  
  5.33     (e) The board may not make reimbursement greater than the 
  5.34  maximum allowed under paragraph (a) for all incidents on a 
  5.35  single site which: 
  5.36     (1) were not reported at the time of release but were 
  6.1   discovered and reported after July 1, 1989; and 
  6.2      (2) may have occurred prior to July 1, 1989, as determined 
  6.3   by the commissioner. 
  6.4      (f) The board may only reimburse an eligible person for 
  6.5   separate incidents within a single site if the commissioner 
  6.6   determines that each incident is completely separate and 
  6.7   distinct in respect of location within the single site or time 
  6.8   of occurrence. 
  6.9      (g) The board may not reimburse or pay for more than 50 
  6.10  percent of the corrective action costs of an eligible person or 
  6.11  for a subsequent incident at a single site resulting from a site 
  6.12  reexamination, as determined by the commissioner. 
  6.13     Sec. 6.  Minnesota Statutes 2000, section 18E.04, is 
  6.14  amended by adding a subdivision to read: 
  6.15     Subd. 4a.  [MAXIMUM ELIGIBLE SINGLE SITE COSTS.] The board 
  6.16  may only reimburse or pay an eligible person for eligible 
  6.17  corrective action costs up to a maximum of $350,000 for a single 
  6.18  site except for emergency incidents. 
  6.19     Sec. 7.  Minnesota Statutes 2000, section 18E.06, is 
  6.20  amended to read: 
  6.21     18E.06 [REPORT.] 
  6.22     By September December 1 of each year, the agricultural 
  6.23  chemical response compensation board and the commissioner shall 
  6.24  submit to the house of representatives committee on ways and 
  6.25  means, the senate committee on finance, the house of 
  6.26  representatives and senate committees with jurisdiction over the 
  6.27  environment, natural resources, and agriculture, and the 
  6.28  environmental quality board a report detailing the activities 
  6.29  and reimbursements for which money from the account has been 
  6.30  spent during the previous year.