HF 134

as introduced - 91st Legislature, 2020 1st Special Session (2019 - 2020) Posted on 06/20/2020 06:33pm

A bill for an act
relating to environment; prioritizing expenditures from dry cleaner environmental
response and reimbursement account; banning perchloroethylene; modifying prior
appropriation; appropriating money for cost-share program; amending Minnesota
Statutes 2018, section 115B.49, subdivision 3; Laws 2019, First Special Session
chapter 4, article 1, section 2, subdivision 10; proposing coding for new law in
Minnesota Statutes, chapter 325E.

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

Section 1.

Minnesota Statutes 2018, section 115B.49, subdivision 3, is amended to read:

Subd. 3.

Expenditures.

(a) Money in the account may be used:

(1) for environmental response costs incurred by the commissioner under section 115B.50,
subdivision 1;

(2) for reimbursement of amounts spent by the commissioner from the remediation fund
for expenses described in clause (1);

(3) for reimbursements under section 115B.50, subdivision 2; and

(4) for administrative costs of the commissioner of revenue.

(b) Money in the account is appropriated to the commissioner for the purposes of this
subdivision. The commissioner shall transfer funds to the commissioner of revenue sufficient
to cover administrative costs pursuant to paragraph (a), clause (4).

new text begin (c) In making reimbursements from the account, the commissioner must give priority
to the following cases, in descending order:
new text end

new text begin (1) reimbursements for amounts spent on response actions by a person who meets the
conditions of section 115B.48, subdivision 10, clause (2); and
new text end

new text begin (2) reimbursements for expenditures made by the commissioner under paragraph (a),
clause (1) or (2), on behalf of owners or operators when the owner or operator failed to
complete the requested response action and the commissioner undertook the response action
to remediate the property.
new text end

Sec. 2.

new text begin [325E.381] PERCHLOROETHYLENE PROHIBITION.
new text end

new text begin After December 31, 2023, using perchloroethylene as a dry cleaning solvent is prohibited.
new text end

Sec. 3.

Laws 2019, First Special Session chapter 4, article 1, section 2, subdivision 10, is
amended to read:

Subd. 10. Transfers

(a) The commissioner must transfer up to
$44,000,000 from the environmental fund to
the remediation fund for purposes of the
remediation fund under Minnesota Statutes,
section 116.155, subdivision 2.

(b) $600,000 the first year is transferred from
the remediation fund to the dry cleaner
environmental response and reimbursement
account for purposes of Minnesota Statutes,
section 115B.49, with reimbursement
prioritized to persons who meet the definition
in Minnesota Statutes, section 115B.48,
subdivision 10, clause (2), and who have made
a request to the commissioner, as required
under Minnesota Statutes, section 115B.50,
subdivision 2.

(c) new text begin Notwithstanding Minnesota Statutes,
section 115B.49, subdivision 3, paragraph (a),
up to new text end $600,000 the first year is new text begin transferred
new text end from the remediation fund to the new text begin dry cleaner
environmental response and reimbursement
account for the new text end commissioner deleted text begin for preparing deleted text end new text begin to
prepare new text end a report to the chairs and ranking
minority members of the legislative
committees and divisions with jurisdiction
over environment and natural resources
finance that includes an assessment of the
possibility of recovering environmental
response costs from insurance held by dry
cleaning facilities new text begin , an analysis of the long-term
expected revenues and expenditures that would
be incurred by the account under current law,
and recommendations for ensuring ongoing
and future environmental response costs
related to dry cleaning facilities are covered.
The commissioner must work with interested
parties, including owners and operators of dry
cleaning facilities, in preparing the report new text end . The
report must be submitted by January 15, 2021. new text begin
The amount transferred under this paragraph
is available until June 30, 2022, and any
unspent money transferred cancels to the
remediation fund.
new text end

deleted text begin (d) $600,000 the second year is transferred
from the remediation fund to the dry cleaner
environmental response and reimbursement
account for purposes of Minnesota Statutes,
section 115B.49, if legislation is enacted in
the 2020 legislative session to address the
insolvency of the dry cleaner environmental
response and reimbursement account.
deleted text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin COST-SHARE PROGRAM FOR DRY CLEANERS; APPROPRIATION.
new text end

new text begin $400,000 in fiscal year 2021 is appropriated from the remediation fund to the
commissioner of the Pollution Control Agency for a cost-share program to reimburse owners
or operators of dry cleaning facilities for the costs of transitioning away from
perchloroethylene to using solvents that are technically viable and environmentally preferred
alternatives. The commissioner must reimburse an owner's or operator's transition expenses
up to $25,000. This is a onetime appropriation and is available until June 30, 2024.
new text end