HF 950

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; requiring preparation of a report 
  1.3             on the adverse health and environmental effects of 
  1.4             United States Army spraying of zinc cadmium sulfide 
  1.5             and other chemicals in Minnesota; requiring certain 
  1.6             findings by the attorney general. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [REPORT ON UNITED STATES ARMY SPRAYING OF ZINC 
  1.9   CADMIUM SULFIDE AND OTHER CHEMICALS.] 
  1.10     The commissioners of health, the pollution control agency, 
  1.11  and natural resources shall jointly prepare a report on the past 
  1.12  and future adverse effects, if any, on public health and the 
  1.13  environment, from the spraying of zinc cadmium sulfide and other 
  1.14  chemicals in Minnesota in the 1950s and 1960s by the United 
  1.15  States Army.  If adverse public health or environmental effects 
  1.16  are identified, the report must include a recommended plan for 
  1.17  addressing the effects.  If existing data are deemed inadequate 
  1.18  to determine the public health and environmental effects of the 
  1.19  spraying, the report must include recommendations for additional 
  1.20  studies and data collection required to determine the effects, 
  1.21  and an analysis of potential funding sources for the studies and 
  1.22  data collection.  In preparing the report, the commissioners 
  1.23  shall consult with representatives of the Leech Lake Reservation 
  1.24  Tribal Council, the Cass county public health department, 
  1.25  Hennepin county, the city of Minneapolis, the University of 
  1.26  Minnesota school of public health, the United States Army, the 
  2.1   United States Forest Service, the United States Environmental 
  2.2   Protection Agency, and the United States Public Health Service.  
  2.3   The report must be submitted by February 1, 1996, to the 
  2.4   legislative committees having jurisdiction over public health 
  2.5   and environmental issues. 
  2.6      Sec. 2.  [REVIEW BY ATTORNEY GENERAL.] 
  2.7      The attorney general shall determine: 
  2.8      (1) whether the spraying by the United States Army of zinc 
  2.9   cadmium sulfide and other chemicals in Minnesota in the 1950s 
  2.10  and 1960s, or any associated actions or failure to act, violated 
  2.11  any provisions of state or federal law or the state or federal 
  2.12  constitutions; and 
  2.13     (2) what legal actions might be available to prevent 
  2.14  similar problems in the future and to recover damages and costs 
  2.15  resulting from the spraying. 
  2.16  The attorney general's findings must be included in the report 
  2.17  required in section 1. 
  2.18     Sec. 3.  [EFFECTIVE DATE.] 
  2.19     Sections 1 and 2 are effective the day following final 
  2.20  enactment.