HF 825

2nd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying the toxic 
  1.3             pollution prevention act; regulating air pollution 
  1.4             fees; providing for certain environmental loans; 
  1.5             providing for other environmental rules; appropriating 
  1.6             money; amending Minnesota Statutes 1994, sections 
  1.7             115A.55, subdivision 3; 115D.03, subdivision 5, and by 
  1.8             adding a subdivision; 115D.05; 115D.07, subdivisions 1 
  1.9             and 2; 115D.08, subdivision 1; 115D.10; 116.07, 
  1.10            subdivision 4d; 116.96, subdivision 5; 116C.69, 
  1.11            subdivision 3; and 325E.0951, subdivision 5; proposing 
  1.12            coding for new law in Minnesota Statutes, chapters 
  1.13            116; and 144; repealing Minnesota Statutes 1994, 
  1.14            section 115A.165. 
  1.15  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.16                             ARTICLE 1
  1.17                    POLLUTION PREVENTION GRANTS
  1.18     Section 1.  Minnesota Statutes 1994, section 115A.55, 
  1.19  subdivision 3, is amended to read: 
  1.20     Subd. 3.  [FINANCIAL ASSISTANCE.] (a) The director shall 
  1.21  make loans and grants to any person for the purpose of 
  1.22  developing and implementing projects or practices to prevent or 
  1.23  reduce the generation of solid waste including those that 
  1.24  involve reuse of items in their original form or in 
  1.25  manufacturing processes that do not cause the destruction of 
  1.26  recyclable materials in a manner that precludes further use, or 
  1.27  involve procuring, using, or producing products with long useful 
  1.28  lives.  Grants may be used to fund studies needed to determine 
  1.29  the technical and financial feasibility of a waste reduction 
  1.30  project or practice or for the cost of implementation of a waste 
  2.1   reduction project or practice that the director has determined 
  2.2   is technically and financially feasible. 
  2.3      (b) In making grants or loans, the director shall give 
  2.4   priority to waste reduction projects or practices that have 
  2.5   broad application in the state and that have the potential for 
  2.6   significant reduction of the amount of waste generated. 
  2.7      (c) All information developed as a result of a grant or 
  2.8   loan shall be made available to other solid waste generators 
  2.9   through the public information program established in 
  2.10  subdivision 2. 
  2.11     (d) The director shall adopt rules for the administration 
  2.12  of this program and may administer the program in conjunction 
  2.13  with the grant program established under section 115D.05.  The 
  2.14  rules must prescribe the level or levels of matching funds 
  2.15  required for grants or loans under this subdivision. 
  2.16     Sec. 2.  Minnesota Statutes 1994, section 115D.03, 
  2.17  subdivision 5, is amended to read: 
  2.18     Subd. 5.  [ELIGIBLE RECIPIENTS.] "Eligible recipients" 
  2.19  means persons who use, generate, or release toxic pollutants, 
  2.20  hazardous substances, or hazardous wastes, or individuals or 
  2.21  organizations that provide assistance to these persons. 
  2.22     Sec. 3.  Minnesota Statutes 1994, section 115D.03, is 
  2.23  amended by adding a subdivision to read: 
  2.24     Subd. 6a.  [OFFICER OF THE COMPANY.] "Officer of the 
  2.25  company" means one of the following: 
  2.26     (1) an owner or sole proprietor; 
  2.27     (2) a partner; 
  2.28     (3) for a corporation incorporated under chapter 300, the 
  2.29  president, secretary, treasurer, or other officer as provided 
  2.30  for in the corporation's bylaws or certificate of incorporation; 
  2.31     (4) for a corporation incorporated under chapter 302A, an 
  2.32  individual exercising the functions of the chief executive 
  2.33  officer or the chief financial officer under section 302A.305 or 
  2.34  another officer elected or appointed by the directors of the 
  2.35  corporation under section 302A.311; 
  2.36     (5) for a corporation incorporated outside this state, an 
  3.1   officer of the company as defined by the laws of the state in 
  3.2   which the corporation is incorporated; or 
  3.3      (6) for a limited liability company organized under chapter 
  3.4   322B, the chief manager or treasurer. 
  3.5      Sec. 4.  Minnesota Statutes 1994, section 115D.05, is 
  3.6   amended to read: 
  3.7      115D.05 [POLLUTION PREVENTION GRANTS.] 
  3.8      Subdivision 1.  [PURPOSE.] The director may make grants to 
  3.9   study or demonstrate the feasibility of applying specific 
  3.10  technologies and methods to prevent develop or implement 
  3.11  pollution prevention projects or practices. 
  3.12     Subd. 2.  [ELIGIBILITY.] (a) Eligible recipients may 
  3.13  receive grants under this section. 
  3.14     (b) Grants may be awarded up to a maximum of two-thirds 
  3.15  three-quarters of the total cost of the project.  Grant money 
  3.16  awarded under this section may not be spent for capital 
  3.17  improvements or equipment. 
  3.18     Subd. 3.  [PROCEDURE FOR AWARDING GRANTS.] (a) In 
  3.19  determining whether to award a grant, the director shall 
  3.20  consider at least the following: 
  3.21     (1) the potential of the project to prevent pollution; 
  3.22     (2) the likelihood that the project will develop techniques 
  3.23  or processes that will minimize the transfer of pollution from 
  3.24  one environmental medium to another; 
  3.25     (3) the extent to which information to be developed through 
  3.26  the project will be applicable and disseminated to other persons 
  3.27  in the state; and 
  3.28     (4) the willingness of the grant applicant to implement 
  3.29  feasible methods and technologies developed under the grant; 
  3.30     (5) the willingness of the grant applicant to assist the 
  3.31  director in disseminating information about the pollution 
  3.32  prevention methods to be developed through the project; and 
  3.33     (6) the extent to which the project will conform to the 
  3.34  pollution prevention policy established in section 115D.02. 
  3.35     (b) The director shall adopt rules to administer the grant 
  3.36  program and may administer the grant program in conjunction with 
  4.1   the grant program established under section 115A.55, subdivision 
  4.2   3.  Prior to completion of any new rulemaking, the director may 
  4.3   administer the program under the procedures established in rules 
  4.4   promulgated under section 115A.154. 
  4.5                              ARTICLE 2
  4.6                      POLLUTION PREVENTION PLANS
  4.7      Section 1.  Minnesota Statutes 1994, section 115D.07, 
  4.8   subdivision 1, is amended to read: 
  4.9      Subdivision 1.  [REQUIREMENT TO PREPARE AND MAINTAIN A 
  4.10  PLAN.] (a) Persons who operate a facility required by United 
  4.11  States Code, title 42, section 11023, or section 299K.08, 
  4.12  subdivision 3, to submit a toxic chemical release form shall 
  4.13  prepare a toxic pollution prevention plan for that facility.  A 
  4.14  facility that is required to submit a toxic chemical release 
  4.15  form but does not release a toxic chemical is exempt from the 
  4.16  requirements of this subdivision.  The plan must contain the 
  4.17  information listed in subdivision 2. 
  4.18     (b) Except as provided in paragraphs (d) and (e), for 
  4.19  facilities that release a total of 10,000 pounds or more of 
  4.20  toxic pollutants annually, the plan must be completed as follows:
  4.21     (1) on or before July 1, 1991, for facilities having a 
  4.22  two-digit standard industrial classification of 35 to 39; 
  4.23     (2) by January 1, 1992, for facilities having a two-digit 
  4.24  standard industrial classification of 28 to 34; and 
  4.25     (3) by July 1, 1992, for all other persons required to 
  4.26  prepare a plan under this subdivision. 
  4.27     (c) Except as provided in paragraphs (d) and (e), 
  4.28  facilities that release less than a total of 10,000 pounds of 
  4.29  toxic pollutants annually must complete their plans by July 1, 
  4.30  1992. 
  4.31     (d) For the following facilities, the plan must be 
  4.32  completed as follows: 
  4.33     (1) by January 1, 1995, for facilities required to report 
  4.34  under section 299K.08, subdivision 3, that have a two-digit 
  4.35  standard industrial classification of 01 to 50; and 
  4.36     (2) by July 1, 1995 January 1, 1996, for facilities 
  5.1   required to report under section 299K.08, subdivision 3, that 
  5.2   have a two-digit standard industrial classification of 51 to 99. 
  5.3      (e) For facilities that become subject to this subdivision 
  5.4   after July 1, 1993, the plan must be completed by six months 
  5.5   after the first submittal for the facility under United States 
  5.6   Code, title 42, section 11023, or section 299K.08, subdivision 3.
  5.7      (f) Each plan must be updated every two years by January 1 
  5.8   of every even-numbered year and must be maintained at the 
  5.9   facility to which it pertains. 
  5.10     Sec. 2.  Minnesota Statutes 1994, section 115D.07, 
  5.11  subdivision 2, is amended to read: 
  5.12     Subd. 2.  [CONTENTS OF PLAN.] (a) Each toxic pollution 
  5.13  prevention plan must establish a program identifying the 
  5.14  specific technically and economically practicable steps that 
  5.15  could be taken during at least the three years following the 
  5.16  date the plan is due, to eliminate or reduce the generation or 
  5.17  release of toxic pollutants reported by the facility.  Toxic 
  5.18  pollutants resulting solely from research and development 
  5.19  activities need not be included in the plan.  
  5.20     (b) At a minimum, each plan must include: 
  5.21     (1) a policy statement articulating upper management 
  5.22  support for eliminating or reducing the generation or release of 
  5.23  toxic pollutants at the facility; 
  5.24     (2) a description of the current processes generating or 
  5.25  releasing toxic pollutants that specifically describes the 
  5.26  types, sources, and quantities of toxic pollutants currently 
  5.27  being generated or released by the facility; 
  5.28     (3) a description of the current and past practices used to 
  5.29  eliminate or reduce the generation or release of toxic 
  5.30  pollutants at the facility and an evaluation of the 
  5.31  effectiveness of these practices; 
  5.32     (4) an assessment of technically and economically 
  5.33  practicable options available to eliminate or reduce the 
  5.34  generation or release of toxic pollutants at the facility, 
  5.35  including options such as changing the raw materials, operating 
  5.36  techniques, equipment and technology, personnel training, and 
  6.1   other practices used at the facility.  The assessment may 
  6.2   include a cost benefit analysis of the available options; 
  6.3      (5) a statement of objectives based on the assessment in 
  6.4   clause (4) and a schedule for achieving those objectives.  
  6.5   Wherever technically and economically practicable, the 
  6.6   objectives for eliminating or reducing the generation or release 
  6.7   of each toxic pollutant at the facility must be expressed in 
  6.8   numeric terms based on a specified base year that is no earlier 
  6.9   than 1987.  Otherwise, the objectives must include a clearly 
  6.10  stated list of actions designed to lead to the establishment of 
  6.11  numeric objectives as soon as practicable; 
  6.12     (6) an explanation of the rationale for each objective 
  6.13  established for the facility; 
  6.14     (7) a listing of options that were considered not to be 
  6.15  economically and technically practicable; and 
  6.16     (8) a certification, signed and dated by the facility 
  6.17  manager and an officer of the company under penalty of section 
  6.18  609.63, attesting to the accuracy of the information in the plan.
  6.19     Sec. 3.  Minnesota Statutes 1994, section 115D.08, 
  6.20  subdivision 1, is amended to read: 
  6.21     Subdivision 1.  [REQUIREMENT TO SUBMIT PROGRESS REPORT.] 
  6.22  (a) All persons required to prepare a toxic pollution prevention 
  6.23  plan under section 115D.07 shall submit an annual progress 
  6.24  report to the commissioner that may be drafted in a manner that 
  6.25  does not disclose proprietary information.  Progress reports are 
  6.26  due on October 1 of each year.  The first progress reports are 
  6.27  due in 1992.  
  6.28     (b) At a minimum, each progress report must include: 
  6.29     (1) a summary of each objective established in the plan, 
  6.30  including the base year for any objective stated in numeric 
  6.31  terms, and the schedule for meeting the each objective; 
  6.32     (2) a summary of progress made during the past year, if 
  6.33  any, toward meeting each objective established in the plan 
  6.34  including the quantity of each toxic pollutant eliminated or 
  6.35  reduced; 
  6.36     (3) a statement of the methods through which elimination or 
  7.1   reduction has been achieved; 
  7.2      (4) if necessary, an explanation of the reasons objectives 
  7.3   were not achieved during the previous year, including 
  7.4   identification of any technological, economic, or other 
  7.5   impediments the facility faced in its efforts to achieve its 
  7.6   objectives; and 
  7.7      (5) a certification, signed and dated by the facility 
  7.8   manager and an officer of the company under penalty of section 
  7.9   609.63, attesting that a plan meeting the requirements of 
  7.10  section 115D.07 has been prepared and also attesting to the 
  7.11  accuracy of the information in the progress report. 
  7.12     Sec. 4.  Minnesota Statutes 1994, section 115D.10, is 
  7.13  amended to read: 
  7.14     115D.10 [TOXIC POLLUTION PREVENTION EVALUATION REPORT.] 
  7.15     The director, in cooperation with the commissioner and 
  7.16  commission, shall report to the environment and natural 
  7.17  resources committees of the legislature and the legislative 
  7.18  commission on waste management on progress being made in 
  7.19  achieving the objectives of sections 115D.01 to 115D.12.  The 
  7.20  report must be submitted by February 1 of each even-numbered 
  7.21  year. 
  7.22                             ARTICLE 3
  7.23                          AIR PERMIT FEES
  7.24     Section 1.  Minnesota Statutes 1994, section 116.07, 
  7.25  subdivision 4d, is amended to read: 
  7.26     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
  7.27  fees in amounts not greater than those necessary to cover the 
  7.28  reasonable costs of reviewing and acting upon applications for 
  7.29  agency permits and implementing and enforcing the conditions of 
  7.30  the permits pursuant to agency rules.  Permit fees shall not 
  7.31  include the costs of litigation.  The agency shall adopt rules 
  7.32  under section 16A.128 16A.1285 establishing the amounts and 
  7.33  methods of collection of any permit fees collected under this 
  7.34  subdivision.  The fee schedule must reflect reasonable and 
  7.35  routine permitting, implementation, and enforcement costs.  The 
  7.36  agency may impose an additional enforcement fee to be collected 
  8.1   for a period of up to two years to cover the reasonable costs of 
  8.2   implementing and enforcing the conditions of a permit under the 
  8.3   rules of the agency.  Any money collected under this paragraph 
  8.4   shall be deposited in the special revenue account. 
  8.5      (b) Notwithstanding paragraph (a), and section 16A.128, 
  8.6   subdivision 1 16A.1285, subdivision 2, the agency shall collect 
  8.7   an annual fee from the owner or operator of all stationary 
  8.8   sources, emission facilities, emissions units, air contaminant 
  8.9   treatment facilities, treatment facilities, potential air 
  8.10  contaminant storage facilities, or storage facilities subject to 
  8.11  the requirement to obtain a permit under Title subchapter V of 
  8.12  the federal Clean Air Act Amendments of 1990, Public Law Number 
  8.13  101-549, Statutes at Large, volume 104, pages 2399, United 
  8.14  States Code, title 42, section 7401 et seq., or section 
  8.15  116.081.  The annual fee shall be used to pay for all direct and 
  8.16  indirect reasonable costs, including attorney general costs, 
  8.17  required to develop and administer the permit program 
  8.18  requirements of Title subchapter V of the federal Clean Air Act 
  8.19  Amendments of 1990, Public Law Number 101-549, Statutes at 
  8.20  Large, volume 104, pages 2399, United States Code, title 42, 
  8.21  section 7401 et seq., and sections of this chapter and the rules 
  8.22  adopted under this chapter related to air contamination and 
  8.23  noise.  Those costs include the reasonable costs of reviewing 
  8.24  and acting upon an application for a permit; implementing and 
  8.25  enforcing statutes, rules, and the terms and conditions of a 
  8.26  permit; emissions, ambient, and deposition monitoring; preparing 
  8.27  generally applicable regulations; responding to federal 
  8.28  guidance; modeling, analyses, and demonstrations; preparing 
  8.29  inventories and tracking emissions; providing information to the 
  8.30  public about these activities; and, after June 30, 1992, the 
  8.31  costs of acid deposition monitoring currently assessed under 
  8.32  section 116C.69, subdivision 3. 
  8.33     (c) The agency shall adopt fee rules in accordance with the 
  8.34  procedures in section 16A.128, subdivisions 1a and 2a 16A.1285, 
  8.35  subdivision 5, that will result in the collection, in the 
  8.36  aggregate, from the sources listed in paragraph (b), of the 
  9.1   following amounts: 
  9.2      (1) in fiscal years 1992 and 1993, the amount appropriated 
  9.3   by the legislature from the air quality account in the 
  9.4   environmental fund for the agency's air quality program; 
  9.5      (2) for fiscal year 1994 and thereafter, an amount not less 
  9.6   than $25 per ton of each volatile organic compound; pollutant 
  9.7   regulated under United States Code, title 42, section 7411 or 
  9.8   7412 (section 111 or 112 of the federal Clean Air Act); and each 
  9.9   pollutant, except carbon monoxide, for which a national primary 
  9.10  ambient air quality standard has been promulgated; and 
  9.11     (3) for fiscal year 1994 and thereafter, (2) the agency fee 
  9.12  rules may also result in the collection, in the aggregate, from 
  9.13  the sources listed in paragraph (b), of an amount not less than 
  9.14  $25 per ton of each pollutant not listed in clause (2) (1) that 
  9.15  is regulated under Minnesota Rules, this chapter 7005, or for 
  9.16  which a state primary ambient air quality standard has been 
  9.17  adopted or air quality rules adopted under this chapter.  
  9.18  The agency must not include in the calculation of the aggregate 
  9.19  amount to be collected under the fee rules any amount in excess 
  9.20  of 4,000 tons per year of each air pollutant from a source. 
  9.21     (d) To cover the reasonable costs described in paragraph 
  9.22  (b), the agency shall provide in the rules promulgated under 
  9.23  paragraph (c) for an increase in the fee collected in each year 
  9.24  beginning after fiscal year 1993 by the percentage, if any, by 
  9.25  which the Consumer Price Index for the most recent calendar year 
  9.26  ending before the beginning of the year the fee is collected 
  9.27  exceeds the Consumer Price Index for the calendar year 1989.  
  9.28  For purposes of this paragraph the Consumer Price Index for any 
  9.29  calendar year is the average of the Consumer Price Index for 
  9.30  all-urban consumers published by the United States Department of 
  9.31  Labor, as of the close of the 12-month period ending on August 
  9.32  31 of each calendar year.  The revision of the Consumer Price 
  9.33  Index that is most consistent with the Consumer Price Index for 
  9.34  calendar year 1989 shall be used. 
  9.35     (e) Any money collected under paragraphs (b) to (d) must be 
  9.36  deposited in an air quality account in the environmental fund 
 10.1   and must be used solely for the activities listed in paragraph 
 10.2   (b).  
 10.3      (f) Persons who wish to construct or expand an air emission 
 10.4   facility may offer to reimburse the agency for the costs of 
 10.5   staff overtime or consultant services needed to expedite permit 
 10.6   review.  The reimbursement shall be in addition to fees imposed 
 10.7   by paragraphs (a) to (d).  When the agency determines that it 
 10.8   needs additional resources to review the permit application in 
 10.9   an expedited manner, and that expediting the review would not 
 10.10  disrupt air permitting program priorities, the agency may accept 
 10.11  the reimbursement.  Reimbursements accepted by the agency are 
 10.12  appropriated to the agency for the purpose of reviewing the 
 10.13  permit application.  Reimbursement by a permit applicant shall 
 10.14  precede and not be contingent upon issuance of a permit and 
 10.15  shall not affect the agency's decision on whether to issue or 
 10.16  deny a permit, what conditions are included in a permit, or the 
 10.17  application of state and federal statutes and rules governing 
 10.18  permit determinations. 
 10.19                             ARTICLE 4
 10.20                        SMALL BUSINESS LOANS
 10.21     Section 1.  [116.991] [SMALL BUSINESS ENVIRONMENTAL LOAN 
 10.22  PROGRAM.] 
 10.23     Subdivision 1.  [ESTABLISHMENT.] A small business 
 10.24  environmental revolving loan program is established to be 
 10.25  administered by the commissioner for providing loans to small 
 10.26  businesses for purposes of complying with the Clean Air Act, 
 10.27  United States Code, title 42, section 7401, et seq.  
 10.28     Subd. 2.  [ELIGIBLE BORROWER.] To be eligible for a loan 
 10.29  under this section, a borrower must:  
 10.30     (1) be subject to Clean Air Act requirements; 
 10.31     (2) need to make a process change or equipment purchase to 
 10.32  comply with the Clean Air Act; 
 10.33     (3) have less than 50 full-time employees; 
 10.34     (4) have an after-tax profit of less than $500,000; and 
 10.35     (5) have a net worth of less than $1,000,000.  
 10.36     Subd. 3.  [LOAN APPLICATION PROCEDURE.] An eligible 
 11.1   borrower may apply for a loan after the commissioner determines 
 11.2   the business to be subject to Clean Air Act requirements and 
 11.3   approves the process change or equipment needed to achieve 
 11.4   compliance.  The commissioner shall consider the order in which 
 11.5   applications are received for awarding loans and priority may be 
 11.6   given to compliance with newly promulgated standards under 
 11.7   United States Code, title 42, section 7412 (section 112 of the 
 11.8   federal Clean Air Act).  The commissioner shall decide whether 
 11.9   to award the loan to an eligible borrower based on: 
 11.10     (1) the applicant's financial needs; 
 11.11     (2) the applicant's ability to repay the loan; and 
 11.12     (3) the expected environmental benefit. 
 11.13     Subd. 4.  [LIMITATION ON LOAN OBLIGATION.] A loan made 
 11.14  under this section is limited to the money available in the 
 11.15  small business environmental loan account.  
 11.16     Subd. 5.  [LOAN CONDITIONS.] A loan made under this section 
 11.17  must include:  
 11.18     (1) an interest rate that is the lesser of four percent or 
 11.19  50 percent of prime rate; 
 11.20     (2) a term of payment of not more than seven years; and 
 11.21     (3) an amount not less than $1,000 or more than $50,000.  
 11.22     Sec. 2.  [116.992] [SMALL BUSINESS ENVIRONMENTAL LOAN 
 11.23  ACCOUNT.] 
 11.24     The small business environmental loan account is 
 11.25  established in the environmental fund.  Loan repayments must be 
 11.26  credited to this account.  
 11.27                             ARTICLE 5
 11.28                           MISCELLANEOUS 
 11.29     Section 1.  Minnesota Statutes 1994, section 116.96, 
 11.30  subdivision 5, is amended to read: 
 11.31     Subd. 5.  [REGULATED POLLUTANT.] "Regulated pollutant" 
 11.32  means: 
 11.33     (1) a volatile organic compound that participates in 
 11.34  atmospheric photochemical reactions; 
 11.35     (2) a pollutant for which a national ambient air quality 
 11.36  standard has been promulgated; 
 12.1      (3) a pollutant that is addressed by a standard promulgated 
 12.2   under section 7411 or 7412 of the Clean Air Act; or 
 12.3      (4) any pollutant that is regulated under Minnesota Rules, 
 12.4   this chapter 7005, or for which a state ambient air quality 
 12.5   standard has been adopted or air quality rules adopted under 
 12.6   this chapter. 
 12.7      Sec. 2.  Minnesota Statutes 1994, section 116C.69, 
 12.8   subdivision 3, is amended to read: 
 12.9      Subd. 3.  [FUNDING; ASSESSMENT.] The board shall finance 
 12.10  its base line studies, general environmental studies, 
 12.11  development of criteria, inventory preparation, monitoring of 
 12.12  conditions placed on site certificates and construction permits, 
 12.13  and all other work, other than specific site and route 
 12.14  designation, from an assessment made quarterly, at least 30 days 
 12.15  before the start of each quarter, by the board against all 
 12.16  utilities with annual retail kilowatt-hour sales greater than 
 12.17  4,000,000 kilowatt-hours in the previous calendar year.  
 12.18     Until June 30, 1992, the assessment shall also include an 
 12.19  amount sufficient to cover 60 percent of the costs to the 
 12.20  pollution control agency of achieving, maintaining, and 
 12.21  monitoring compliance with the acid deposition control standard 
 12.22  adopted under sections 116.42 to 116.45, reprinting 
 12.23  informational booklets on acid rain, and costs for additional 
 12.24  research on the impacts of acid deposition on sensitive areas 
 12.25  published under section 116.44, subdivision 1.  The commissioner 
 12.26  of the pollution control agency must prepare a work plan and 
 12.27  budget and submit them annually by June 30 to the pollution 
 12.28  control agency board.  The agency board must take public 
 12.29  testimony on the budget and work plan.  After the agency board 
 12.30  approves the work plan and budget they must be submitted 
 12.31  annually to the legislative water commission for review and 
 12.32  recommendation before an assessment is levied.  Each share shall 
 12.33  be determined as follows:  (1) the ratio that the annual retail 
 12.34  kilowatt-hour sales in the state of each utility bears to the 
 12.35  annual total retail kilowatt-hour sales in the state of all 
 12.36  these utilities, multiplied by 0.667, plus (2) the ratio that 
 13.1   the annual gross revenue from retail kilowatt-hour sales in the 
 13.2   state of each utility bears to the annual total gross revenues 
 13.3   from retail kilowatt-hour sales in the state of all these 
 13.4   utilities, multiplied by 0.333, as determined by the board.  The 
 13.5   assessment shall be credited to the special revenue fund and 
 13.6   shall be paid to the state treasury within 30 days after receipt 
 13.7   of the bill, which shall constitute notice of said assessment 
 13.8   and demand of payment thereof.  The total amount which may be 
 13.9   assessed to the several utilities under authority of this 
 13.10  subdivision shall not exceed the sum of the annual budget of the 
 13.11  board for carrying out the purposes of this subdivision plus 60 
 13.12  percent of the annual budget of the pollution control agency for 
 13.13  achieving, maintaining, and monitoring compliance with the acid 
 13.14  deposition control standard adopted under sections 116.42 to 
 13.15  116.45, for reprinting informational booklets on acid rain, and 
 13.16  for costs for additional research on the impacts of acid 
 13.17  deposition on sensitive areas published under section 116.44, 
 13.18  subdivision 1.  The assessment for the second quarter of each 
 13.19  fiscal year shall be adjusted to compensate for the amount by 
 13.20  which actual expenditures by the board and the pollution control 
 13.21  agency for the preceding fiscal year were more or less than the 
 13.22  estimated expenditures previously assessed. 
 13.23     Sec. 3.  [144.405] [HEALTH RISK VALUES.] 
 13.24     Subdivision 1.  [PROCEDURE.] (a) For chemicals where 
 13.25  scientific data show potential adverse health effects resulting 
 13.26  from exposure, the commissioner of health shall promulgate 
 13.27  health risk values under subdivision 2 for substances emitted 
 13.28  into ambient air. 
 13.29     (b) Health risk values shall be determined by one of the 
 13.30  methods in paragraph (c) or (d) depending on the substance's 
 13.31  toxicological end point. 
 13.32     (c) For systemic toxicants that are not carcinogens, the 
 13.33  adopted health risk values shall be derived using United States 
 13.34  Environmental Protection Agency risk assessment methods; and 
 13.35  using toxicological data determined by the commissioner to have 
 13.36  undergone thorough scientific review. 
 14.1      (d) For toxicants that are known or probable carcinogens, 
 14.2   the adopted health risk values shall be derived from a 
 14.3   quantitative estimate of the chemical's carcinogenic potency and 
 14.4   determined by the commissioner to have undergone thorough 
 14.5   scientific review. 
 14.6      Subd. 2.  [RULES.] Health risk values shall be adopted by 
 14.7   rule under chapter 14. 
 14.8      Subd. 3.  [REVIEW AND REVISION.] (a) The commissioner shall 
 14.9   review each adopted health risk value at least every four years. 
 14.10     (b) The commissioner may revise health risk values under 
 14.11  subdivision 2. 
 14.12     Sec. 4.  Minnesota Statutes 1994, section 325E.0951, 
 14.13  subdivision 5, is amended to read: 
 14.14     Subd. 5.  [RULES SUPERSEDED.] This section supersedes 
 14.15  Minnesota Rules, part 7005.1190 7023.0120, to the extent the 
 14.16  rule is inconsistent with this section. 
 14.17     Sec. 5.  [APPROPRIATION.] 
 14.18     (a) Up to $200,000 in fiscal year 1996 and $200,000 in 
 14.19  fiscal year 1997 shall be transferred from the pollution control 
 14.20  agency's air quality appropriation to the small business 
 14.21  revolving loan account. 
 14.22     (b) $....... is appropriated from the environmental fund to 
 14.23  the commissioner of the pollution control agency for the 
 14.24  biennium to implement the statewide air toxics monitoring 
 14.25  program under section 116.454. 
 14.26     Sec. 6.  [REPEALER.] 
 14.27     Minnesota Statutes 1994, section 115A.165, is repealed.