1.1 	A bill for an act
1.2 	relating to environment; providing for reimbursement of cleanup costs for certain 
1.3 	petroleum tank releases;amending Minnesota Statutes 2005 Supplement, section 
1.4 	115C.09, subdivision 3h.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3h, 
1.7 	is amended to read:
1.8 		Subd. 3h.Reimbursement; aboveground tanks in bulk plants. (a) As used in 
1.9 	this subdivision, "bulk plant" means an aboveground or underground tank facility with a 
1.10 	storage capacity of more than 1,100 gallons but less than 1,000,000 gallons that is used to 
1.11 	dispense petroleum into cargo tanks for transportation and sale at another location.
1.12 	(b) Notwithstanding any other provision in this chapter and any rules adopted 
1.13 	pursuant to this chapter, the board shall reimburse 90 percent of an applicant's cost for 
1.14 	bulk plant upgrades or closures completed between June 1, 1998, and November 1, 2003, 
1.15 	to comply with Minnesota Rules, chapter 7151, provided that the board determines 
1.16 	the costs were incurred and reasonable. The reimbursement may not exceed $10,000 
1.17 	per bulk plant. The board may provide reimbursement under this paragraph for work 
1.18 	completed after November 1, 2003, if the work was contracted for prior to that date and 
1.19 	was not completed by that date as a result of an unanticipated situation, provided that 
1.20 	an application for reimbursement under this paragraph, which may be a renewal of an 
1.21 	application previously denied, is submitted prior to December 31, 2005.
1.22 	(c) For corrective action at a bulk plant located on what is or was railroad 
1.23 	right-of-way, the board shall reimburse 90 percent of total reimbursable costs on the first 
1.24 	$40,000 of reimbursable costs and 100 percent of any remaining reimbursable costs when 
2.1 	the applicant can document that more than one bulk plant was operated on the same 
2.2 	section of right-of-way, as determined by the commissioner of commerce.
2.3 	(d) Notwithstanding any other provision in this chapter and any rules adopted under 
2.4 	this chapter, for corrective action at an operating bulk plant located within a wellhead 
2.5 	protection area designated by the Department of Health that contaminates one or more 
2.6 	wells that is a source of drinking water for a community water system, the board shall 
2.7 	reimburse 90 percent of an applicant??a??a??s costs on the first $40,000 of reimbursable costs and 
2.8 	100 percent of any remaining reimbursable costs up to $3,000,000. 
2.9 	(e) The board shall reimburse an applicant??a??a??s cost to relocate an operating bulk plant 
2.10 	when all of the following conditions are met:
2.11 	(1) the bulk plant is currently located in a wellhead protection area designated by 
2.12 	the Department of Health and will be relocated in an area that is not within a wellhead 
2.13 	protection area; 
2.14 	(2) the bulk plant is a source of groundwater contamination to one or more wells 
2.15 	that is a source of drinking water for a community water system, as determined by the 
2.16 	commissioner of the Pollution Control Agency; 
2.17 	(3) the cost of relocating the bulk plant does not exceed $55,000; and
2.18 	(4) an investigation of the bulk plant as a source of groundwater contamination was 
2.19 	previously closed by the Pollution Control Agency and reopened when groundwater 
2.20 	contamination was detected in one or more wells that is a source of drinking water for a 
2.21 	community water system.
2.22 	(f) For purposes of this subdivision, "community water system" has the meaning 
2.23 	given in United States Code, title 42, section 300f, paragraph (15).

2.24 	EFFECTIVE DATE. This section is effective the day following final enactment.