HF 1314

1st Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying provisions 
  1.3             relating to scrap motor vehicle facilities; modifying 
  1.4             provisions relating to minerals subject to reservation 
  1.5             and lease by counties; prohibiting motor vehicle 
  1.6             shredding by certain metal shredding facilities; 
  1.7             amending Minnesota Statutes 1996, sections 116.66; 
  1.8             116.67; and 373.01, subdivision 1. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 116.66, is 
  1.11  amended to read: 
  1.12     116.66 [SCRAP MOTOR VEHICLE SALVAGE FACILITIES.] 
  1.13     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
  1.14  subdivision apply to this section. 
  1.15     (b) "Best management practices" means practices that are 
  1.16  capable of preventing releases and minimizing the degradation of 
  1.17  the environment, considering technical feasibility, 
  1.18  implementability, availability, effectiveness, economic factors 
  1.19  and environmental effects.  
  1.20     (c) "Motor vehicle salvage recycling facility" means an 
  1.21  establishment or place of business that is maintained, operated, 
  1.22  or used primarily for storing, keeping, buying, dismantling, 
  1.23  crushing, or selling wrecked, scrapped, ruined, or partially 
  1.24  dismantled motor vehicles where the parts, motor vehicle hulks, 
  1.25  or other scrap material stored is equal in bulk to ten or more 
  1.26  vehicles and selling used motor vehicle parts for their original 
  1.27  intended use. 
  2.1      (d) "Other scrap motor vehicle facility" means an 
  2.2   establishment or place of business, other than a motor vehicle 
  2.3   recycling facility or a scrap metal recycling facility, that is 
  2.4   maintained, operated, or used for storing, keeping, buying, 
  2.5   dismantling, crushing, or selling wrecked, scrapped, ruined, or 
  2.6   partially dismantled motor vehicles where the parts, motor 
  2.7   vehicle hulks, or other motor vehicle scrap material stored is 
  2.8   equal in bulk to ten or more vehicles. 
  2.9      (e) "Scrap metal recycling facility" means an establishment 
  2.10  or place of business, other than a motor vehicle recycling 
  2.11  facility, that is insured or self-insured under chapter 176 and 
  2.12  is maintained, operated, or used for storing, keeping, buying, 
  2.13  dismantling, crushing, or selling wrecked, scrapped, ruined, or 
  2.14  partially dismantled motor vehicles where the parts, motor 
  2.15  vehicle hulks, or other motor vehicle scrap material stored is 
  2.16  equal in bulk to ten or more vehicles. 
  2.17     Subd. 2.  [FACILITY EVALUATIONS; ENVIRONMENTAL ASSESSMENT.] 
  2.18  (a) The commissioner of the pollution control agency shall 
  2.19  conduct facility evaluations to evaluate ongoing waste 
  2.20  management practices and shall provide technical assistance for 
  2.21  corrective action at motor vehicle salvage recycling facilities, 
  2.22  scrap metal recycling facilities, and other scrap motor vehicle 
  2.23  facilities.  
  2.24     (b) The commissioner may conduct environmental assessments 
  2.25  at motor vehicle salvage recycling facilities, scrap metal 
  2.26  recycling facilities, and other scrap motor vehicle facilities 
  2.27  to determine the extent and magnitude of any contamination and 
  2.28  environmental impacts, develop criteria, determine appropriate 
  2.29  cleanup methods, and set priorities for cleanup actions at motor 
  2.30  vehicle salvage recycling facility sites, scrap metal recycling 
  2.31  facility sites, and other scrap motor vehicle facility sites, 
  2.32  under the criteria in Minnesota Rules, chapter 7044. 
  2.33     Subd. 3.  [BEST MANAGEMENT PRACTICES; TRAINING.] (a) The 
  2.34  commissioner shall establish best management practices for motor 
  2.35  vehicle salvage recycling facilities, scrap metal recycling 
  2.36  facilities, and other scrap motor vehicle facilities. 
  3.1      (b) The commissioner shall provide training and technical 
  3.2   assistance to owners and operators of motor vehicle salvage 
  3.3   recycling facilities, scrap metal recycling facilities, and 
  3.4   other scrap motor vehicle facilities on the implementation of 
  3.5   best management practices established under paragraph (a) and 
  3.6   for other rules that apply to these facilities. 
  3.7      Subd. 4.  [REPEALER.] This section is repealed on June 30, 
  3.8   1999.  
  3.9      Sec. 2.  Minnesota Statutes 1996, section 116.67, is 
  3.10  amended to read: 
  3.11     116.67 [COST-SHARING PROGRAM; CLEANUP OF CERTAIN SCRAP 
  3.12  MOTOR VEHICLE SALVAGE FACILITIES.] 
  3.13     The pollution control agency may enter into cost-sharing 
  3.14  agreements with owners and operators of motor vehicle salvage 
  3.15  recycling facilities, scrap metal recycling facilities, and 
  3.16  other scrap motor vehicle facilities for the cleanup of motor 
  3.17  vehicle salvage facility sites these facilities, based on the 
  3.18  findings of the environmental assessment of motor vehicle 
  3.19  salvage facilities assessments conducted under section 116.66, 
  3.20  subdivision 2.  An agreement under this section must provide 
  3.21  that the agency will be responsible for paying 90 percent of the 
  3.22  costs of removal and remedial actions at the site, and the owner 
  3.23  or operator of the motor vehicle salvage facility must pay the 
  3.24  remaining ten percent of the costs.  For the purposes of this 
  3.25  section, the terms "removal" and "remedial actions" have the 
  3.26  meanings given in section 115B.02, subdivisions 16 and 17. 
  3.27     Sec. 3.  Minnesota Statutes 1996, section 373.01, 
  3.28  subdivision 1, is amended to read: 
  3.29     Subdivision 1.  [PUBLIC CORPORATION; LISTED POWERS.] Each 
  3.30  county is a body politic and corporate and may: 
  3.31     (1) Sue and be sued. 
  3.32     (2) Acquire and hold real and personal property for the use 
  3.33  of the county, and lands sold for taxes as provided by law. 
  3.34     (3) Purchase and hold for the benefit of the county real 
  3.35  estate sold by virtue of judicial proceedings, to which the 
  3.36  county is a party. 
  4.1      (4) Sell, lease, and convey real or personal estate owned 
  4.2   by the county, and give contracts or options to sell, lease, or 
  4.3   convey it, and make orders respecting it as deemed conducive to 
  4.4   the interests of the county's inhabitants.  
  4.5      No sale, lease, or conveyance of real estate owned by the 
  4.6   county, except the lease of a residence acquired for the 
  4.7   furtherance of an approved capital improvement project, nor any 
  4.8   contract or option for it, shall be valid, without first 
  4.9   advertising for bids or proposals in the official newspaper of 
  4.10  the county for three consecutive weeks and once in a newspaper 
  4.11  of general circulation in the area where the property is 
  4.12  located.  The notice shall state the time and place of 
  4.13  considering the proposals, contain a legal description of any 
  4.14  real estate, and a brief description of any personal property.  
  4.15  Leases that do not exceed $15,000 for any one year may be 
  4.16  negotiated and are not subject to the competitive bid procedures 
  4.17  of this section.  All proposals estimated to exceed $15,000 in 
  4.18  any one year shall be considered at the time set for the bid 
  4.19  opening, and the one most favorable to the county accepted, but 
  4.20  the county board may, in the interest of the county, reject any 
  4.21  or all proposals.  Sales of personal property the value of which 
  4.22  is estimated to be $15,000 or more shall be made only after 
  4.23  advertising for bids or proposals as provided for real estate.  
  4.24  Sales of personal property the value of which is estimated to be 
  4.25  less than $15,000 may be made either on competitive bids or in 
  4.26  the open market, in the discretion of the county board.  
  4.27  Notwithstanding anything to the contrary herein, the county may, 
  4.28  when acquiring real property for county highway right-of-way, 
  4.29  exchange parcels of real property of substantially similar or 
  4.30  equal value without advertising for bids.  The estimated values 
  4.31  for these parcels shall be determined by the county assessor. 
  4.32     If real estate or personal property remains unsold after 
  4.33  advertising for and consideration of bids or proposals the 
  4.34  county may employ a broker to sell the property.  The broker may 
  4.35  sell the property for not less than 90 percent of its appraised 
  4.36  market value as determined by the county.  The broker's fee 
  5.1   shall be set by agreement with the county but may not exceed ten 
  5.2   percent of the sale price and must be paid from the proceeds of 
  5.3   the sale. 
  5.4      A county or its agent may rent a county-owned residence 
  5.5   acquired for the furtherance of an approved capital improvement 
  5.6   project subject to the conditions set by the county board and 
  5.7   not subject to the conditions for lease otherwise provided by 
  5.8   this clause. 
  5.9      In no case shall lands be disposed of without there being 
  5.10  reserved to the county all iron ore and other valuable minerals 
  5.11  in and upon the lands, with right to explore for, mine and 
  5.12  remove the iron ore and other valuable minerals, nor shall the 
  5.13  minerals and mineral rights be disposed of, either before or 
  5.14  after disposition of the surface rights, otherwise than by 
  5.15  mining lease, in similar general form to that provided by 
  5.16  section 93.20 for mining leases affecting state lands.  The 
  5.17  lease shall be for a term not exceeding 50 years, and be issued 
  5.18  on a royalty basis, the royalty to be not less than 25 cents per 
  5.19  ton of 2,240 pounds, and fix a minimum amount of royalty payable 
  5.20  during each year, whether mineral is removed or not.  
  5.21  Prospecting options for mining leases may be granted for periods 
  5.22  not exceeding one year.  The options shall require, among other 
  5.23  things, periodical showings to the county board of the results 
  5.24  of exploration work done.  Minerals subject to reservation and 
  5.25  lease by a county under this section do not include minerals 
  5.26  defined as aggregate material in section 298.75, subdivision 1, 
  5.27  clause (1). 
  5.28     (5) Make all contracts and do all other acts in relation to 
  5.29  the property and concerns of the county necessary to the 
  5.30  exercise of its corporate powers. 
  5.31     Sec. 4.  [METAL SHREDDING FACILITIES IN THE MISSISSIPPI 
  5.32  RIVER CRITICAL AREA.] 
  5.33     A metal shredding facility located upstream from United 
  5.34  States Corps of Engineers Lock and Dam Number Two in the 
  5.35  Mississippi river critical area, established under Minnesota 
  5.36  Statutes 1996, section 116G.15, is prohibited from shredding 
  6.1   motor vehicles as part of its metal materials reclamation 
  6.2   operations. 
  6.3      Sec. 5.  [EFFECTIVE DATE.] 
  6.4      Sections 1 to 3 are effective the day following final 
  6.5   enactment.