HF 1318

as introduced - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; providing for revenues 
  1.3             and expenditures from the environmental fund; 
  1.4             establishing a remediation fund; appropriating money; 
  1.5             amending Minnesota Statutes 2000, sections 16A.531, 
  1.6             subdivision 1, and by adding subdivisions; 115.073; 
  1.7             115.56, subdivision 4; 115A.908, subdivisions 1 and 2; 
  1.8             115A.9651, subdivision 6; 115B.17, subdivisions 6, 7, 
  1.9             14, and 16; 115B.19; 115B.20; 115B.22, subdivision 7; 
  1.10            115B.25, subdivisions 1a and 4; 115B.26; 115B.30; 
  1.11            115B.31, subdivisions 1, 3, and 4; 115B.32, 
  1.12            subdivision 1; 115B.33, subdivision 1; 115B.34; 
  1.13            115B.36; 115B.40, subdivision 4; 115B.41, subdivisions 
  1.14            1, 2, and 3; 115B.42, subdivision 2; 115B.421; 
  1.15            115B.445; 115B.48, subdivision 2; 115B.49, 
  1.16            subdivisions 2, 3, and 4; 115B.50, subdivision 3; 
  1.17            116.07, subdivisions 4d and 4h; 116.12, subdivision 1; 
  1.18            116C.834, subdivision 1; 297H.13, subdivision 1; 
  1.19            325E.10, subdivision 1; 325E.112, subdivision 3; 
  1.20            469.175, subdivision 7; 473.843, subdivision 2; and 
  1.21            473.845, subdivisions 3, 7, and 8; proposing coding 
  1.22            for new law in Minnesota Statutes, chapter 116; 
  1.23            repealing Minnesota Statutes 2000, sections 115B.02, 
  1.24            subdivision 1a; 115B.19; 115B.22, subdivision 8; 
  1.25            115B.42, subdivision 1; 115B.48, subdivision 2; 
  1.26            115B.49, subdivision 1; 116.12; 116.994; 297H.13, 
  1.27            subdivisions 2, 3, and 4; 325E.113; and 473.845, 
  1.28            subdivisions 1 and 4. 
  1.29  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.30     Section 1.  Minnesota Statutes 2000, section 16A.531, 
  1.31  subdivision 1, is amended to read: 
  1.32     Subdivision 1.  [ENVIRONMENTAL FUND.] There is created in 
  1.33  the state treasury an environmental fund as a special revenue 
  1.34  fund for deposit of receipts from environmentally related taxes, 
  1.35  fees, and activities conducted by the state other sources as 
  1.36  provided in subdivision 1b.  
  1.37     Sec. 2.  Minnesota Statutes 2000, section 16A.531, is 
  2.1   amended by adding a subdivision to read: 
  2.2      Subd. 1b.  [REVENUES.] The following revenues must be 
  2.3   deposited in the environmental fund: 
  2.4      (1) all revenue from the motor vehicle transfer tax imposed 
  2.5   under section 115A.908; 
  2.6      (2) all fees collected under section 116.07, subdivision 
  2.7   4d; 
  2.8      (3) all money collected by the pollution control agency in 
  2.9   enforcement matters as provided in section 115.073; 
  2.10     (4) all revenues from license fees for individual sewage 
  2.11  treatment systems under section 115.56; 
  2.12     (5) all revenue from pollution prevention fees imposed 
  2.13  under section 115D.12; 
  2.14     (6) all fees collected under section 116C.834; 
  2.15     (7) all revenue collected from the environmental tax 
  2.16  pursuant to chapter 297H, less the cost to the department of 
  2.17  revenue to administer that chapter; 
  2.18     (8) three-fourths of the fees collected under section 
  2.19  473.843; and 
  2.20     (9) interest accrued on the account. 
  2.21     Sec. 3.  Minnesota Statutes 2000, section 16A.531, is 
  2.22  amended by adding a subdivision to read: 
  2.23     Subd. 1c.  [EXPENDITURES FROM FUND.] Subject to 
  2.24  appropriation by the legislature, the money in the environmental 
  2.25  fund may be spent by the pollution control agency to administer 
  2.26  the agency's air, water, solid, and hazardous waste programs and 
  2.27  by the office of environmental assistance to administer its 
  2.28  programs.  
  2.29     Sec. 4.  Minnesota Statutes 2000, section 115.073, is 
  2.30  amended to read: 
  2.31     115.073 [ENFORCEMENT FUNDING.] 
  2.32     Except as provided in sections 115B.20, subdivision 4, 
  2.33  clause (2); section 115C.05; and 473.845, subdivision 8, all 
  2.34  money recovered by the state under this chapter and chapters 
  2.35  115A and 116, including civil penalties and money paid under an 
  2.36  agreement, stipulation, or settlement, excluding money paid for 
  3.1   past due fees or taxes, up to the amount appropriated for 
  3.2   implementation of Laws 1991, chapter 347, must be deposited in 
  3.3   the state treasury and credited to the environmental fund. 
  3.4      Sec. 5.  Minnesota Statutes 2000, section 115.56, 
  3.5   subdivision 4, is amended to read: 
  3.6      Subd. 4.  [LICENSE FEE.] The fee for a license required 
  3.7   under subdivision 2 is $100 per year.  Revenue from the fees 
  3.8   must be credited to the environmental fund and are exempt from 
  3.9   section 16A.1285. 
  3.10     Sec. 6.  Minnesota Statutes 2000, section 115A.908, 
  3.11  subdivision 1, is amended to read: 
  3.12     Subdivision 1.  [FEE CHARGED.] A fee of $4 shall be charged 
  3.13  on the initial registration and each subsequent transfer of 
  3.14  title within the state, other than transfers for resale 
  3.15  purposes, of every motor vehicle weighing more than 1,000 
  3.16  pounds.  The fee shall be collected in an appropriate manner by 
  3.17  the motor vehicle registrar.  Registration plates or 
  3.18  certificates may not be issued by the motor vehicle registrar 
  3.19  for the ownership or operation of a motor vehicle subject to the 
  3.20  transfer fee unless the fee is paid.  The fee may not be charged 
  3.21  on the transfer of:  
  3.22     (1) previously registered vehicles if the transfer is to 
  3.23  the same person; 
  3.24     (2) vehicles subject to the conditions specified in section 
  3.25  297A.25, subdivision 11; or 
  3.26     (3) vehicles purchased in another state by a resident of 
  3.27  another state if more than 60 days have elapsed after the date 
  3.28  of purchase and the purchaser is transferring title to this 
  3.29  state and has become a resident of this state after the purchase.
  3.30     The fee is exempt from section 16A.1285.  
  3.31     Sec. 7.  Minnesota Statutes 2000, section 115A.908, 
  3.32  subdivision 2, is amended to read: 
  3.33     Subd. 2.  [DEPOSIT OF REVENUE.] Revenue collected shall be 
  3.34  credited to the motor vehicle transfer account in the 
  3.35  environmental fund.  As cash flow permits, the commissioner of 
  3.36  finance must transfer (1) $3,200,000 each fiscal year from the 
  4.1   motor vehicle transfer account to the environmental response, 
  4.2   compensation, and compliance account established in section 
  4.3   115B.20; and (2) $1,200,000 each fiscal year from the motor 
  4.4   vehicle transfer account to the general fund. 
  4.5      Sec. 8.  Minnesota Statutes 2000, section 115A.9651, 
  4.6   subdivision 6, is amended to read: 
  4.7      Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
  4.8   under subdivision 7, the manufacturer, or an association of 
  4.9   manufacturers, of any specified product distributed for sale or 
  4.10  use in this state that is not listed pursuant to subdivision 4 
  4.11  shall submit a product review report and fee as provided in 
  4.12  paragraph (c) to the commissioner for each product by July 1, 
  4.13  1998.  Each product review report shall contain at least the 
  4.14  following: 
  4.15     (1) a policy statement articulating upper management 
  4.16  support for eliminating or reducing intentional introduction of 
  4.17  listed metals into its products; 
  4.18     (2) a description of the product and the amount of each 
  4.19  listed metal distributed for use in this state; 
  4.20     (3) a description of past and ongoing efforts to eliminate 
  4.21  or reduce the listed metal in the product; 
  4.22     (4) an assessment of options available to reduce or 
  4.23  eliminate the intentional introduction of the listed metal 
  4.24  including any alternatives to the specified product that do not 
  4.25  contain the listed metal, perform the same technical function, 
  4.26  are commercially available, and are economically practicable; 
  4.27     (5) a statement of objectives in numerical terms and a 
  4.28  schedule for achieving the elimination of the listed metals and 
  4.29  an environmental assessment of alternative products; 
  4.30     (6) a listing of options considered not to be technically 
  4.31  or economically practicable; and 
  4.32     (7) certification attesting to the accuracy of the 
  4.33  information in the report signed and dated by an official of the 
  4.34  manufacturer or user. 
  4.35  If the manufacturer fails to submit a product review report, a 
  4.36  user of a specified product may submit a report and fee which 
  5.1   comply with this subdivision by August 15, 1998. 
  5.2      (b) By July 1, 1999, and annually thereafter until the 
  5.3   commissioner takes action under subdivision 9, the manufacturer 
  5.4   or user must submit a progress report and fee as provided in 
  5.5   paragraph (c) updating the information presented under paragraph 
  5.6   (a). 
  5.7      (c) The fee shall be $295 for each report.  The fee shall 
  5.8   be deposited in the state treasury and credited to the 
  5.9   environmental fund.  The fee is exempt from section 16A.1285.  
  5.10     (d) Where it cannot be determined from a progress report 
  5.11  submitted by a person pursuant to Laws 1994, chapter 585, 
  5.12  section 30, subdivision 2, paragraph (e), the number of products 
  5.13  for which product review reports are due under this subdivision, 
  5.14  the commissioner shall have the authority to determine, after 
  5.15  consultation with that person, the number of products for which 
  5.16  product review reports are required. 
  5.17     (e) The commissioner shall summarize, aggregate, and 
  5.18  publish data reported under paragraphs (a) and (b) annually. 
  5.19     (f) A product that is the subject of a recommendation by 
  5.20  the Toxics in Packaging Clearinghouse, as administered by the 
  5.21  Council of State Governments, is exempt from this section. 
  5.22     Sec. 9.  Minnesota Statutes 2000, section 115B.17, 
  5.23  subdivision 6, is amended to read: 
  5.24     Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
  5.25  necessary expenses incurred by the agency or commissioner 
  5.26  pursuant to this section, including all response costs, and 
  5.27  administrative and legal expenses, may be recovered in a civil 
  5.28  action brought by the attorney general against any person who 
  5.29  may be liable under section 115B.04 or any other law.  The 
  5.30  agency's certification of expenses shall be prima facie evidence 
  5.31  that the expenses are reasonable and necessary.  Any expenses 
  5.32  incurred pursuant to this section which are recovered by the 
  5.33  attorney general pursuant to section 115B.04 or any other law, 
  5.34  including any award of attorneys fees, shall be deposited in the 
  5.35  remediation fund and credited to a special account for 
  5.36  additional response actions as provided in section 115B.20, 
  6.1   subdivision 2, clause (2) or (4). 
  6.2      Sec. 10.  Minnesota Statutes 2000, section 115B.17, 
  6.3   subdivision 7, is amended to read: 
  6.4      Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
  6.5   purpose of this subdivision, the state is the trustee of the 
  6.6   air, water and wildlife of the state.  An action pursuant to 
  6.7   section 115B.04 for damages with respect to air, water or 
  6.8   wildlife may be brought by the attorney general in the name of 
  6.9   the state as trustee for those natural resources.  Any damages 
  6.10  recovered by the attorney general pursuant to section 115B.04 or 
  6.11  any other law for injury to, destruction of, or loss of natural 
  6.12  resources resulting from the release of a hazardous substance, 
  6.13  or a pollutant or contaminant, shall be deposited in the account 
  6.14  remediation fund. 
  6.15     Sec. 11.  Minnesota Statutes 2000, section 115B.17, 
  6.16  subdivision 14, is amended to read: 
  6.17     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
  6.18  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
  6.19  person in determining whether real property has been the site of 
  6.20  a release or threatened release of a hazardous substance, 
  6.21  pollutant, or contaminant.  The commissioner may also assist in, 
  6.22  or supervise, the development and implementation of reasonable 
  6.23  and necessary response actions.  Assistance may include review 
  6.24  of agency records and files, and review and approval of a 
  6.25  requester's investigation plans and reports and response action 
  6.26  plans and implementation. 
  6.27     (b) Except as otherwise provided in this paragraph, the 
  6.28  person requesting assistance under this subdivision shall pay 
  6.29  the agency for the agency's cost, as determined by the 
  6.30  commissioner, of providing assistance.  A state agency, 
  6.31  political subdivision, or other public entity is not required to 
  6.32  pay for the agency's cost to review agency records and files.  
  6.33  Money received by the agency for assistance under this section 
  6.34  must be deposited in the environmental response, compensation, 
  6.35  and compliance fund and is exempt from section 16A.1285. 
  6.36     (c) When a person investigates a release or threatened 
  7.1   release in accordance with an investigation plan approved by the 
  7.2   commissioner under this subdivision, the investigation does not 
  7.3   associate that person with the release or threatened release for 
  7.4   the purpose of section 115B.03, subdivision 3, clause (4). 
  7.5      Sec. 12.  Minnesota Statutes 2000, section 115B.17, 
  7.6   subdivision 16, is amended to read: 
  7.7      Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
  7.8   ACTION.] (a) If the commissioner determines that real or 
  7.9   personal property acquired by the agency for response action is 
  7.10  no longer needed for response action purposes, the commissioner 
  7.11  may: 
  7.12     (1) transfer the property to the commissioner of 
  7.13  administration to be disposed of in the manner required for 
  7.14  other surplus property subject to conditions the commissioner 
  7.15  determines necessary to protect the public health and welfare or 
  7.16  the environment, or to comply with federal law; 
  7.17     (2) transfer the property to another state agency, a 
  7.18  political subdivision, or special purpose district as provided 
  7.19  in paragraph (b); or 
  7.20     (3) if required by federal law, take actions and dispose of 
  7.21  the property as required by federal law.  
  7.22     (b) If the commissioner determines that real or personal 
  7.23  property acquired by the agency for response action must be 
  7.24  operated, maintained, or monitored after completion of other 
  7.25  phases of the response action, the commissioner may transfer 
  7.26  ownership of the property to another state agency, a political 
  7.27  subdivision, or special purpose district that agrees to accept 
  7.28  the property.  A state agency, political subdivision, or special 
  7.29  purpose district is authorized to accept and implement the terms 
  7.30  and conditions of a transfer under this paragraph.  The 
  7.31  commissioner may set terms and conditions for the transfer that 
  7.32  the commissioner considers reasonable and necessary to ensure 
  7.33  proper operation, maintenance, and monitoring of response 
  7.34  actions, protect the public health and welfare and the 
  7.35  environment, and comply with applicable federal and state laws 
  7.36  and regulations.  The state agency, political subdivision, or 
  8.1   special purpose district to which the property is transferred is 
  8.2   not liable under this chapter solely as a result of acquiring 
  8.3   the property or acting in accordance with the terms and 
  8.4   conditions of the transfer.  
  8.5      (c) If the agency acquires property under subdivision 15, 
  8.6   the commissioner may lease or grant an easement in the property 
  8.7   to a person during the implementation of response actions if the 
  8.8   lease or easement is compatible with or necessary for response 
  8.9   action implementation. 
  8.10     (d) The proceeds of a sale, lease, or other transfer of 
  8.11  property under this subdivision by the commissioner or by the 
  8.12  commissioner of administration shall be deposited in the 
  8.13  environmental response, compensation, and compliance account 
  8.14  fund.  Any share of the proceeds that the agency is required by 
  8.15  federal law or regulation to reimburse to the federal government 
  8.16  is appropriated from the account to the agency for that purpose. 
  8.17  Except for section 94.16, subdivision 2, the provisions of 
  8.18  section 94.16 do not apply to real property sold by the 
  8.19  commissioner of administration which was acquired under 
  8.20  subdivision 15. 
  8.21     Sec. 13.  Minnesota Statutes 2000, section 115B.19, is 
  8.22  amended to read: 
  8.23     115B.19 [PURPOSES OF ACCOUNT AND TAXES.] 
  8.24     In establishing the environmental response, compensation 
  8.25  and compliance account remediation fund in section 115B.20 and 
  8.26  imposing taxes in section 115B.22 116.155 it is the purpose of 
  8.27  the legislature to:  
  8.28     (1) encourage treatment and disposal of hazardous waste in 
  8.29  a manner that adequately protects the public health or welfare 
  8.30  or the environment; 
  8.31     (2) encourage responsible parties to provide the response 
  8.32  actions necessary to protect the public and the environment from 
  8.33  the effects of the release of hazardous substances; 
  8.34     (3) encourage the use of alternatives to land disposal of 
  8.35  hazardous waste including resource recovery, recycling, 
  8.36  neutralization, and reduction; 
  9.1      (4) provide state agencies with the financial resources 
  9.2   needed to prepare and implement an effective and timely state 
  9.3   response to the release of hazardous substances, including 
  9.4   investigation, planning, removal and remedial action; 
  9.5      (5) compensate for increased governmental expenses and loss 
  9.6   of revenue and to provide other appropriate assistance to 
  9.7   mitigate any adverse impact on communities in which commercial 
  9.8   hazardous waste processing or disposal facilities are located 
  9.9   under the siting process provided in chapter 115A; 
  9.10     (6) recognize the environmental and public health costs of 
  9.11  land disposal of solid waste and of the use and disposal of 
  9.12  hazardous substances and to place the burden of financing state 
  9.13  hazardous waste management activities on those whose products 
  9.14  and services contribute to hazardous waste management problems 
  9.15  and increase the risks of harm to the public and the environment.
  9.16     Sec. 14.  Minnesota Statutes 2000, section 115B.20, is 
  9.17  amended to read: 
  9.18     115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
  9.19  COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.] 
  9.20     Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
  9.21  response, compensation, and compliance account is in the 
  9.22  environmental fund in the state treasury and may be spent only 
  9.23  for the purposes provided in subdivision 2.  
  9.24     (b) The commissioner of finance shall administer a response 
  9.25  account for the agency and the commissioner of agriculture to 
  9.26  take removal, response, and other actions authorized under 
  9.27  subdivision 2, clauses (1) to (4) and (10) to (12).  The 
  9.28  commissioner of finance shall transfer money from the response 
  9.29  account to the agency and the commissioner of agriculture to 
  9.30  take actions required under subdivision 2, clauses (1) to (4) 
  9.31  and (10) to (12).  
  9.32     (c) The commissioner of finance shall administer the 
  9.33  account in a manner that allows the commissioner of agriculture 
  9.34  and the agency to utilize the money in the account to implement 
  9.35  their removal and remedial action duties as effectively as 
  9.36  possible. 
 10.1      (d) Amounts appropriated to the commissioner of finance 
 10.2   under this subdivision shall not be included in the department 
 10.3   of finance budget but shall be included in the pollution control 
 10.4   agency and department of agriculture budgets. 
 10.5      (e) All money recovered by the state under section 115B.04 
 10.6   or any other law for injury to, destruction of, or loss of 
 10.7   natural resources resulting from the release of a hazardous 
 10.8   substance, or a pollutant or contaminant, must be credited to 
 10.9   the environmental response, compensation, and compliance account 
 10.10  in the environmental fund and is appropriated to the 
 10.11  commissioner of natural resources for purposes of subdivision 2, 
 10.12  clause (5), consistent with any applicable term of judgments, 
 10.13  consent decrees, consent orders, or other administrative actions 
 10.14  requiring payments to the state for such purposes.  Before 
 10.15  making an expenditure of money appropriated under this 
 10.16  paragraph, the commissioner of natural resources shall provide 
 10.17  written notice of the proposed expenditure to the chairs of the 
 10.18  senate committee on finance, the house of representatives 
 10.19  committee on ways and means, the finance division of the senate 
 10.20  committee on environment and natural resources, and the house of 
 10.21  representatives committee on environment and natural resources 
 10.22  finance. 
 10.23     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
 10.24  to appropriation by the legislature the money in the 
 10.25  account Money appropriated from the remediation fund under 
 10.26  section 116.155, subdivision 2, paragraph (a), clause (1), may 
 10.27  be spent only for any of the following purposes:  
 10.28     (1) preparation by the agency and the commissioner of 
 10.29  agriculture for taking removal or remedial action under section 
 10.30  115B.17, or under chapter 18D, including investigation, 
 10.31  monitoring and testing activities, enforcement and compliance 
 10.32  efforts relating to the release of hazardous substances, 
 10.33  pollutants or contaminants under section 115B.17 or 115B.18, or 
 10.34  chapter 18D; 
 10.35     (2) removal and remedial actions taken or authorized by the 
 10.36  agency or the commissioner of the pollution control agency under 
 11.1   section 115B.17, or taken or authorized by the commissioner of 
 11.2   agriculture under chapter 18D including related enforcement and 
 11.3   compliance efforts under section 115B.17 or 115B.18, or chapter 
 11.4   18D, and payment of the state share of the cost of remedial 
 11.5   action which may be carried out under a cooperative agreement 
 11.6   with the federal government pursuant to the federal Superfund 
 11.7   Act, under United States Code, title 42, section 9604(c)(3) for 
 11.8   actions related to facilities other than commercial hazardous 
 11.9   waste facilities located under the siting authority of chapter 
 11.10  115A; 
 11.11     (3) reimbursement to any private person for expenditures 
 11.12  made before July 1, 1983, to provide alternative water supplies 
 11.13  deemed necessary by the agency or the commissioner of 
 11.14  agriculture and the department of health to protect the public 
 11.15  health from contamination resulting from the release of a 
 11.16  hazardous substance; 
 11.17     (4) removal and remedial actions taken or authorized by the 
 11.18  agency or the commissioner of agriculture or the pollution 
 11.19  control agency under section 115B.17, or chapter 18D, including 
 11.20  related enforcement and compliance efforts under section 115B.17 
 11.21  or 115B.18, or chapter 18D, and payment of the state share of 
 11.22  the cost of remedial action which may be carried out under a 
 11.23  cooperative agreement with the federal government pursuant to 
 11.24  the federal Superfund Act, under United States Code, title 42, 
 11.25  section 9604(c)(3) for actions related to commercial hazardous 
 11.26  waste facilities located under the siting authority of chapter 
 11.27  115A; 
 11.28     (5) assessment and recovery of natural resource damages by 
 11.29  the agency and the commissioner of natural resources, and 
 11.30  planning and implementation by the commissioner of natural 
 11.31  resources of the rehabilitation, restoration, or acquisition of 
 11.32  natural resources to remedy injuries or losses to natural 
 11.33  resources resulting from the release of a hazardous 
 11.34  substance; before implementing a project to rehabilitate, 
 11.35  restore, or acquire natural resources under this clause, the 
 11.36  commissioner of natural resources shall provide written notice 
 12.1   of the proposed project to the chairs of the senate committee on 
 12.2   finance, the house of representatives committee on ways and 
 12.3   means, the finance division of the senate committee on 
 12.4   environment and natural resources, and the house of 
 12.5   representatives committee on environment and natural resources 
 12.6   finance; 
 12.7      (6) inspection, monitoring, and compliance efforts by the 
 12.8   agency, or by political subdivisions with agency approval, of 
 12.9   commercial hazardous waste facilities located under the siting 
 12.10  authority of chapter 115A; 
 12.11     (7) grants by the agency or the office of environmental 
 12.12  assistance to demonstrate alternatives to land disposal of 
 12.13  hazardous waste including reduction, separation, pretreatment, 
 12.14  processing and resource recovery, for education of persons 
 12.15  involved in regulating and handling hazardous waste; 
 12.16     (8) intervention and environmental mediation by the 
 12.17  legislative commission on waste management under chapter 115A; 
 12.18     (9) grants by the agency to study the extent of 
 12.19  contamination and feasibility of cleanup of hazardous substances 
 12.20  and pollutants or contaminants in major waterways of the state; 
 12.21     (10) (5) acquisition of a property interest under section 
 12.22  115B.17, subdivision 15; 
 12.23     (11) (6) reimbursement, in an amount to be determined by 
 12.24  the agency in each case, to a political subdivision that is not 
 12.25  a responsible person under section 115B.03, for reasonable and 
 12.26  necessary expenditures resulting from an emergency caused by a 
 12.27  release or threatened release of a hazardous substance, 
 12.28  pollutant, or contaminant; and 
 12.29     (12) (7) reimbursement to a political subdivision for 
 12.30  expenditures in excess of the liability limit under section 
 12.31  115B.04, subdivision 4. 
 12.32     Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 
 12.33  of agriculture or the pollution control agency or the agency may 
 12.34  not spend any money under subdivision 2, clause (2) or (4), for 
 12.35  removal or remedial actions to the extent that the costs of 
 12.36  those actions may be compensated from any fund established under 
 13.1   the Federal Superfund Act, United States Code, title 42, section 
 13.2   9600 et seq.  The commissioner of agriculture or the pollution 
 13.3   control agency or the agency shall determine the extent to which 
 13.4   any of the costs of those actions may be compensated under the 
 13.5   federal act based on the likelihood that the compensation will 
 13.6   be available in a timely fashion.  In making this determination 
 13.7   the commissioner of agriculture or the pollution control agency 
 13.8   or the agency shall take into account:  
 13.9      (1) the urgency of the removal or remedial actions and the 
 13.10  priority assigned under the Federal Superfund Act to the release 
 13.11  which necessitates those actions; 
 13.12     (2) the availability of money in the funds established 
 13.13  under the Federal Superfund Act; and 
 13.14     (3) the consistency of any compensation for the cost of the 
 13.15  proposed actions under the Federal Superfund Act with the 
 13.16  national contingency plan, if such a plan has been adopted under 
 13.17  that act.  
 13.18     Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
 13.19  sources shall be deposited in the account: 
 13.20     (1) the proceeds of the taxes imposed pursuant to section 
 13.21  115B.22, including interest and penalties; 
 13.22     (2) all money recovered by the state under sections 115B.01 
 13.23  to 115B.18 or under any other statute or rule related to the 
 13.24  regulation of hazardous waste or hazardous substances, including 
 13.25  civil penalties and money paid under any agreement, stipulation 
 13.26  or settlement but excluding fees imposed under section 116.12; 
 13.27     (3) all interest attributable to investment of money 
 13.28  deposited in the account; and 
 13.29     (4) all money received in the form of gifts, grants, 
 13.30  reimbursement or appropriation from any source for any of the 
 13.31  purposes provided in subdivision 2, except federal grants.  
 13.32     Subd. 5.  [RECOMMENDATION.] The legislative commission on 
 13.33  waste management and the commissioner of agriculture shall make 
 13.34  recommendations to the standing legislative committees on 
 13.35  finance and appropriations regarding appropriations from the 
 13.36  account.  
 14.1      Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
 14.2   commissioner of agriculture and the agency shall submit to the 
 14.3   senate finance committee, the house ways and means committee, 
 14.4   the environment and natural resources committees of the senate 
 14.5   and house of representatives, the finance division of the senate 
 14.6   committee on environment and natural resources, and the house of 
 14.7   representatives committee on environment and natural resources 
 14.8   finance, and the environmental quality board a report detailing 
 14.9   the activities for which money from the account has been spent 
 14.10  pursuant to this section during the previous fiscal year. 
 14.11     Sec. 15.  Minnesota Statutes 2000, section 115B.22, 
 14.12  subdivision 7, is amended to read: 
 14.13     Subd. 7.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
 14.14  the department of revenue for costs incurred in administering 
 14.15  sections 115B.22 and 115B.24, the proceeds of the taxes imposed 
 14.16  under this section including any interest and penalties shall be 
 14.17  deposited in the environmental response, compensation, and 
 14.18  compliance account fund. 
 14.19     Sec. 16.  Minnesota Statutes 2000, section 115B.25, 
 14.20  subdivision 1a, is amended to read: 
 14.21     Subd. 1a.  [ACCOUNT FUND.] Except when another fund or 
 14.22  account is specified, "account fund" means the environmental 
 14.23  response, compensation, and compliance account remediation fund 
 14.24  established in section 115B.20 116.155. 
 14.25     Sec. 17.  Minnesota Statutes 2000, section 115B.25, 
 14.26  subdivision 4, is amended to read: 
 14.27     Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
 14.28  person who is eligible to file a claim with the account fund 
 14.29  under section 115B.29. 
 14.30     Sec. 18.  Minnesota Statutes 2000, section 115B.26, is 
 14.31  amended to read: 
 14.32     115B.26 [HARMFUL SUBSTANCE COMPENSATION ACCOUNT PAYMENT OF 
 14.33  CLAIMS.] 
 14.34     Subd. 2.  [APPROPRIATION.] The amount necessary to pay 
 14.35  claims of compensation granted by the agency under sections 
 14.36  115B.25 to 115B.37 is appropriated to the agency from the 
 15.1   account fund. 
 15.2      Subd. 3.  [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 
 15.3   the amount of the claims granted exceeds the amount in the 
 15.4   account appropriated, the board shall request a transfer from 
 15.5   the general contingent account to the harmful substance 
 15.6   compensation account as provided in section 3.30.  If no 
 15.7   transfer is approved, the board shall pay the claims which have 
 15.8   been granted in the order granted only to the extent of the 
 15.9   money remaining in the account appropriation.  The board shall 
 15.10  pay the remaining claims which have been granted after 
 15.11  additional money is credited to the account transferred. 
 15.12     Subd. 4.  [ACCOUNT TRANSFER REQUEST.] At the end of each 
 15.13  fiscal year, the board shall submit a request to the petroleum 
 15.14  tank release compensation board for transfer to the harmful 
 15.15  substance compensation account fund from the petroleum tank 
 15.16  release cleanup fund under section 115C.08, subdivision 5, of an 
 15.17  amount equal to the compensation granted by the board for claims 
 15.18  related to petroleum releases plus administrative costs related 
 15.19  to determination of those claims. 
 15.20     Sec. 19.  Minnesota Statutes 2000, section 115B.30, is 
 15.21  amended to read: 
 15.22     115B.30 [ELIGIBLE INJURY AND DAMAGE.] 
 15.23     Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
 15.24  injury which could reasonably have resulted from exposure to a 
 15.25  harmful substance released from a facility where it was placed 
 15.26  or came to be located is eligible for compensation from 
 15.27  the account fund if:  
 15.28     (1) it is a medically verified chronic or progressive 
 15.29  disease, illness, or disability such as cancer, organic nervous 
 15.30  system disorders, or physical deformities, including 
 15.31  malfunctions in reproduction, in humans or their offspring, or 
 15.32  death; or 
 15.33     (2) it is a medically verified acute disease or condition 
 15.34  that typically manifests itself rapidly after a single exposure 
 15.35  or limited exposures and the persons responsible for the release 
 15.36  of the harmful substance are unknown or cannot with reasonable 
 16.1   diligence be determined or located or a judgment would not be 
 16.2   satisfied in whole or in part against the persons determined to 
 16.3   be responsible for the release of the harmful substance.  
 16.4      (b) A personal injury is not compensable from the account 
 16.5   if: 
 16.6      (1) the injury is compensable under the workers' 
 16.7   compensation law, chapter 176; 
 16.8      (2) the injury arises out of the claimant's use of a 
 16.9   consumer product; 
 16.10     (3) the injury arises out of an exposure that occurred or 
 16.11  is occurring outside the geographical boundaries of the state; 
 16.12     (4) the injury results from the release of a harmful 
 16.13  substance for which the claimant is a responsible person; or 
 16.14     (5) the injury is an acute disease or condition other than 
 16.15  one described in paragraph (a). 
 16.16     Subd. 2.  [ELIGIBLE PROPERTY DAMAGE.] Damage to real 
 16.17  property in Minnesota owned by the claimant is eligible for 
 16.18  compensation from the account fund if the damage results from 
 16.19  the presence in or on the property of a harmful substance 
 16.20  released from a facility where it was placed or came to be 
 16.21  located.  Damage to property is not eligible for compensation 
 16.22  from the account fund if it results from the release of a 
 16.23  harmful substance for which the claimant is a responsible person.
 16.24     Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
 16.25  eligible for compensation from the account fund unless it is 
 16.26  filed with the board within the time provided in this 
 16.27  subdivision. 
 16.28     (b) A claim for compensation for personal injury must be 
 16.29  filed within two years after the injury and its connection to 
 16.30  exposure to a harmful substance was or reasonably should have 
 16.31  been discovered. 
 16.32     (c) A claim for compensation for property damage must be 
 16.33  filed within two years after the full amount of compensable 
 16.34  losses can be determined. 
 16.35     (d) Notwithstanding the provisions of this subdivision, 
 16.36  claims for compensation that would otherwise be barred by any 
 17.1   statute of limitations provided in sections 115B.25 to 115B.37 
 17.2   may be filed not later than January 1, 1992. 
 17.3      Sec. 20.  Minnesota Statutes 2000, section 115B.31, 
 17.4   subdivision 1, is amended to read: 
 17.5      Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
 17.6   CERTAIN CASES.] (a) A person who has settled a claim for an 
 17.7   eligible injury or eligible property damage with a responsible 
 17.8   person, either before or after bringing an action in court for 
 17.9   that injury or damage, may not file a claim with the account 
 17.10  fund for the same injury or damage.  A person who has received a 
 17.11  favorable judgment in a court action for an eligible injury or 
 17.12  eligible property damage may not file a claim with the account 
 17.13  for the same injury or damage, unless the judgment cannot be 
 17.14  satisfied in whole or in part against the persons responsible 
 17.15  for the release of the harmful substance.  A person who has 
 17.16  filed a claim with the board may not file another claim with the 
 17.17  board for the same eligible injury or damage, unless the claim 
 17.18  was inactivated by the board as provided in section 115B.32, 
 17.19  subdivision 1. 
 17.20     (b) A person who has filed a claim with the board for an 
 17.21  eligible injury or damage, and who has received and accepted an 
 17.22  award from the board, is precluded from bringing an action in 
 17.23  court for the same eligible injury or damage.  
 17.24     (c) A person who files a claim with the board for personal 
 17.25  injury or property damage must include all known claims eligible 
 17.26  for compensation in one proceeding before the board. 
 17.27     Sec. 21.  Minnesota Statutes 2000, section 115B.31, 
 17.28  subdivision 3, is amended to read: 
 17.29     Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
 17.30  to all the claimant's rights under statutory or common law to 
 17.31  recover losses compensated from the account fund from other 
 17.32  sources, including responsible persons as defined in section 
 17.33  115B.03.  The state may bring a subrogation action in its own 
 17.34  name or in the name of the claimant.  The state may not bring a 
 17.35  subrogation action against a person who was a party in a court 
 17.36  action by the claimant for the same eligible injury or damage, 
 18.1   unless the claimant dismissed the action prior to trial.  Money 
 18.2   recovered by the state under this subdivision must be deposited 
 18.3   in the account fund.  Nothing in sections 115B.25 to 115B.37 
 18.4   shall be construed to create a standard of recovery in a 
 18.5   subrogation action.  
 18.6      Sec. 22.  Minnesota Statutes 2000, section 115B.31, 
 18.7   subdivision 4, is amended to read: 
 18.8      Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
 18.9   A claimant may not commence a court action to recover for any 
 18.10  injury or damage for which the claimant seeks compensation from 
 18.11  the account fund during the time that a claim is pending before 
 18.12  the board.  A person may not file a claim with the board for 
 18.13  compensation for any injury or damage for which the claimant 
 18.14  seeks to recover in a pending court action.  The time for filing 
 18.15  a claim under section 115B.30 or the statute of limitations for 
 18.16  any civil action is suspended during the period of time that a 
 18.17  claimant is precluded from filing a claim or commencing an 
 18.18  action under this subdivision. 
 18.19     Sec. 23.  Minnesota Statutes 2000, section 115B.32, 
 18.20  subdivision 1, is amended to read: 
 18.21     Subdivision 1.  [FORM.] A claim for compensation from 
 18.22  the account fund must be filed with the board in the form 
 18.23  required by the board.  When a claim does not include all the 
 18.24  information required by subdivision 2 and applicable board 
 18.25  rules, the board staff shall notify the claimant of the absence 
 18.26  of the required information within 14 days of the filing of the 
 18.27  claim.  All required information must be received by the board 
 18.28  not later than 60 days after the claimant received notice of its 
 18.29  absence or the claim will be inactivated and may not be 
 18.30  resubmitted for at least one year following the date of 
 18.31  inactivation.  The board may decide not to inactivate a claim 
 18.32  under this subdivision if it finds serious extenuating 
 18.33  circumstances. 
 18.34     Sec. 24.  Minnesota Statutes 2000, section 115B.33, 
 18.35  subdivision 1, is amended to read: 
 18.36     Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The board 
 19.1   shall grant compensation to a claimant who shows that it is more 
 19.2   likely than not that: 
 19.3      (1) the claimant suffers a medically verified injury that 
 19.4   is eligible for compensation from the account fund and that has 
 19.5   resulted in a compensable loss; 
 19.6      (2) the claimant has been exposed to a harmful substance; 
 19.7      (3) the release of the harmful substance from a facility 
 19.8   where the substance was placed or came to be located could 
 19.9   reasonably have resulted in the claimant's exposure to the 
 19.10  substance in the amount and duration experienced by the 
 19.11  claimant; and 
 19.12     (4) the injury suffered by the claimant can be caused or 
 19.13  significantly contributed to by exposure to the harmful 
 19.14  substance in an amount and duration experienced by the claimant. 
 19.15     Sec. 25.  Minnesota Statutes 2000, section 115B.34, is 
 19.16  amended to read: 
 19.17     115B.34 [COMPENSABLE LOSSES.] 
 19.18     Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
 19.19  compensable by the account fund for personal injury are limited 
 19.20  to: 
 19.21     (1) medical expenses directly related to the claimant's 
 19.22  injury; 
 19.23     (2) up to two-thirds of the claimant's lost wages not to 
 19.24  exceed $2,000 per month or $24,000 per year; 
 19.25     (3) up to two-thirds of a self-employed claimant's lost 
 19.26  income, not to exceed $2,000 per month or $24,000 per year; 
 19.27     (4) death benefits to dependents which the board shall 
 19.28  define by rule subject to the following conditions: 
 19.29     (i) the rule adopted by the board must establish a schedule 
 19.30  of benefits similar to that established by section 176.111 and 
 19.31  must not provide for the payment of benefits to dependents other 
 19.32  than those dependents defined in section 176.111; 
 19.33     (ii) the total benefits paid to all dependents of a 
 19.34  claimant must not exceed $2,000 per month; 
 19.35     (iii) benefits paid to a spouse and all dependents other 
 19.36  than children must not continue for a period longer than ten 
 20.1   years; 
 20.2      (iv) payment of benefits is subject to the limitations of 
 20.3   section 115B.36; and 
 20.4      (5) the value of household labor lost due to the claimant's 
 20.5   injury or disease, which must be determined in accordance with a 
 20.6   schedule established by the board by rule, not to exceed $2,000 
 20.7   per month or $24,000 per year. 
 20.8      Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
 20.9   by the account fund for property damage are limited to the 
 20.10  following losses caused by damage to the principal residence of 
 20.11  the claimant: 
 20.12     (1) the reasonable cost of replacing or decontaminating the 
 20.13  primary source of drinking water for the property not to exceed 
 20.14  the amount actually expended by the claimant or assessed by a 
 20.15  local taxing authority, if the department of health has 
 20.16  confirmed that the remedy provides safe drinking water and 
 20.17  advised that the water not be used for drinking or determined 
 20.18  that the replacement or decontamination of the source of 
 20.19  drinking water was necessary, up to a maximum of $25,000; 
 20.20     (2) losses incurred as a result of a bona fide sale of the 
 20.21  property at less than the appraised market value under 
 20.22  circumstances that constitute a hardship to the owner, limited 
 20.23  to 75 percent of the difference between the appraised market 
 20.24  value and the selling price, but not to exceed $25,000; and 
 20.25     (3) losses incurred as a result of the inability of an 
 20.26  owner in hardship circumstances to sell the property due to the 
 20.27  presence of harmful substances, limited to the increase in costs 
 20.28  associated with the need to maintain two residences, but not to 
 20.29  exceed $25,000.  
 20.30     (b) In computation of the loss under paragraph (a), clause 
 20.31  (3), the board shall offset the loss by the amount of any income 
 20.32  received by the claimant from the rental of the property.  
 20.33     (c) For purposes of paragraph (a), the following 
 20.34  definitions apply: 
 20.35     (1) "appraised market value" means an appraisal of the 
 20.36  market value of the property disregarding any decrease in value 
 21.1   caused by the presence of a harmful substance in or on the 
 21.2   property; and 
 21.3      (2) "hardship" means an urgent need to sell the property 
 21.4   based on a special circumstance of the owner including 
 21.5   catastrophic medical expenses, inability of the owner to 
 21.6   physically maintain the property due to a physical or mental 
 21.7   condition, and change of employment of the owner or other member 
 21.8   of the owner's household requiring the owner to move to a 
 21.9   different location. 
 21.10     (d) Appraisals are subject to board approval.  The board 
 21.11  may adopt rules governing approval of appraisals, criteria for 
 21.12  establishing a hardship, and other matters necessary to 
 21.13  administer this subdivision. 
 21.14     Sec. 26.  Minnesota Statutes 2000, section 115B.36, is 
 21.15  amended to read: 
 21.16     115B.36 [AMOUNT AND FORM OF PAYMENT.] 
 21.17     If the board decides to grant compensation, it shall 
 21.18  determine the net uncompensated loss payable to the claimant by 
 21.19  computing the total amount of compensable losses payable to the 
 21.20  claimant and subtracting the total amount of any compensation 
 21.21  received by the claimant for the same injury or damage from 
 21.22  other sources including, but not limited to, all forms of 
 21.23  insurance and social security and any emergency award made by 
 21.24  the board.  The board shall pay compensation in the amount of 
 21.25  the net uncompensated loss, provided that no claimant may 
 21.26  receive more than $250,000.  In the case of a death, the total 
 21.27  amount paid to all persons on behalf of the claimant may not 
 21.28  exceed $250,000. 
 21.29     Compensation from the account fund may be awarded in a lump 
 21.30  sum or in installments at the discretion of the board. 
 21.31     Sec. 27.  Minnesota Statutes 2000, section 115B.40, 
 21.32  subdivision 4, is amended to read: 
 21.33     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
 21.34  DUTIES.] (a) The owner or operator of a qualified facility that 
 21.35  is not subject to a cleanup order shall: 
 21.36     (1) complete closure activities at the facility, or enter 
 22.1   into a binding agreement with the commissioner to do so, as 
 22.2   provided in paragraph (e), within one year from the date the 
 22.3   owner or operator is notified by the commissioner under 
 22.4   subdivision 3 of the closure activities that are necessary to 
 22.5   properly close the facility in compliance with facility's 
 22.6   permit, closure orders, or enforcement agreement with the 
 22.7   agency, and with the solid waste rules in effect at the time the 
 22.8   facility stopped accepting waste; 
 22.9      (2) undertake or continue postclosure care at the facility 
 22.10  until the date of notice of compliance under subdivision 7; 
 22.11     (3) in the case of qualified facilities defined in section 
 22.12  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
 22.13  the commissioner of revenue for deposit in the solid waste 
 22.14  remediation fund established in section 115B.42 116.155 any 
 22.15  funds required for proof of financial responsibility under 
 22.16  section 116.07, subdivision 4h, that remain after facility 
 22.17  closure and any postclosure care and response action undertaken 
 22.18  by the owner or operator at the facility including, if proof of 
 22.19  financial responsibility is provided through a letter of credit 
 22.20  or other financial instrument or mechanism that does not 
 22.21  accumulate money in an account, the amount that would have 
 22.22  accumulated had the owner or operator utilized a trust fund, 
 22.23  less any amount used for closure, postclosure care, and response 
 22.24  action at the facility; and 
 22.25     (4) in the case of qualified facilities defined in section 
 22.26  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
 22.27  the commissioner of revenue for deposit in the solid waste 
 22.28  remediation fund established in section 115B.42 116.155 an 
 22.29  amount of cash that is equal to the sum of their approved 
 22.30  current contingency action cost estimate and the present value 
 22.31  of their approved estimated remaining postclosure care costs 
 22.32  required for proof of financial responsibility under section 
 22.33  116.07, subdivision 4h. 
 22.34     (b) The owner or operator of a qualified facility that is 
 22.35  not subject to a cleanup order shall:  
 22.36     (1) in the case of qualified facilities defined in section 
 23.1   115B.39, subdivision 2, paragraph (l), clause (1), provide the 
 23.2   commissioner with a copy of all applicable comprehensive general 
 23.3   liability insurance policies and other liability policies 
 23.4   relating to property damage, certificates, or other evidence of 
 23.5   insurance coverage held during the life of the facility; and 
 23.6      (2) enter into a binding agreement with the commissioner to:
 23.7      (i) in the case of qualified facilities defined in section 
 23.8   115B.39, subdivision 2, paragraph (l), clause (1), take any 
 23.9   actions necessary to preserve the owner or operator's rights to 
 23.10  payment or defense under insurance policies included in clause 
 23.11  (1); cooperate with the commissioner in asserting claims under 
 23.12  the policies; and, within 60 days of a request by the 
 23.13  commissioner, but no earlier than July 1, 1996, assign only 
 23.14  those rights under the policies related to environmental 
 23.15  response costs; 
 23.16     (ii) cooperate with the commissioner or other persons 
 23.17  acting at the direction of the commissioner in taking additional 
 23.18  environmental response actions necessary to address releases or 
 23.19  threatened releases and to avoid any action that interferes with 
 23.20  environmental response actions, including allowing entry to the 
 23.21  property and to the facility's records and allowing entry and 
 23.22  installation of equipment; and 
 23.23     (iii) refrain from developing or altering the use of 
 23.24  property described in any permit for the facility except after 
 23.25  consultation with the commissioner and in conformance with any 
 23.26  conditions established by the commissioner for that property, 
 23.27  including use restrictions, to protect public health and welfare 
 23.28  and the environment. 
 23.29     (c) The owner or operator of a qualified facility defined 
 23.30  in section 115B.39, subdivision 2, paragraph (l), clause (1), 
 23.31  that is a political subdivision may use a portion of any funds 
 23.32  established for response at the facility, which are available 
 23.33  directly or through a financial instrument or other financial 
 23.34  arrangement, for closure or postclosure care at the facility if 
 23.35  funds available for closure or postclosure care are inadequate 
 23.36  and shall assign the rights to any remainder to the commissioner.
 24.1      (d) The agreement required in paragraph (b), clause (2), 
 24.2   must be in writing and must apply to and be binding upon the 
 24.3   successors and assigns of the owner.  The owner shall record the 
 24.4   agreement, or a memorandum approved by the commissioner that 
 24.5   summarizes the agreement, with the county recorder or registrar 
 24.6   of titles of the county where the property is located. 
 24.7      (e) A binding agreement entered into under paragraph (a), 
 24.8   clause (1), may include a provision that the owner or operator 
 24.9   will reimburse the commissioner for the costs of closing the 
 24.10  facility to the standard required in that clause. 
 24.11     Sec. 28.  Minnesota Statutes 2000, section 115B.41, 
 24.12  subdivision 1, is amended to read: 
 24.13     Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
 24.14  person who is subject to the requirements in section 115B.40, 
 24.15  subdivision 4 or 5, paragraph (b), is responsible for all 
 24.16  environmental response costs incurred by the commissioner at or 
 24.17  related to the facility until the date of notice of compliance 
 24.18  under section 115B.40, subdivision 7.  The commissioner may use 
 24.19  any funds available for closure, postclosure care, and response 
 24.20  action established by the owner or operator.  If those funds are 
 24.21  insufficient or if the owner or operator fails to assign rights 
 24.22  to them to the commissioner, the commissioner may seek recovery 
 24.23  of environmental response costs against the owner or operator in 
 24.24  the county of Ramsey or in the county where the facility is 
 24.25  located or where the owner or operator resides.  
 24.26     (b) In an action brought under this subdivision in which 
 24.27  the commissioner prevails, the court shall award the 
 24.28  commissioner reasonable attorney fees and other litigation 
 24.29  expenses incurred by the commissioner to bring the action.  All 
 24.30  costs, fees, and expenses recovered under this subdivision must 
 24.31  be deposited in the solid waste remediation fund established in 
 24.32  section 115B.42. 
 24.33     Sec. 29.  Minnesota Statutes 2000, section 115B.41, 
 24.34  subdivision 2, is amended to read: 
 24.35     Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
 24.36  environmental response costs, including administrative and legal 
 25.1   expenses, incurred by the commissioner at a qualified facility 
 25.2   before the date of notice of compliance under section 115B.40, 
 25.3   subdivision 7, constitute a lien in favor of the state upon any 
 25.4   real property located in the state, other than homestead 
 25.5   property, owned by the owner or operator who is subject to the 
 25.6   requirements of section 115B.40, subdivision 4 or 5.  A lien 
 25.7   under this subdivision attaches when the environmental response 
 25.8   costs are first incurred and continues until the lien is 
 25.9   satisfied or becomes unenforceable as for an environmental lien 
 25.10  under section 514.672.  Notice, filing, and release of the lien 
 25.11  are governed by sections 514.671 to 514.676, except where those 
 25.12  requirements specifically are related to only cleanup action 
 25.13  expenses as defined in section 514.671.  Relative priority of a 
 25.14  lien under this subdivision is governed by section 514.672, 
 25.15  except that a lien attached to property that was included in any 
 25.16  permit for the solid waste disposal facility takes precedence 
 25.17  over all other liens regardless of when the other liens were or 
 25.18  are perfected.  Amounts received to satisfy all or a part of a 
 25.19  lien must be deposited in the solid waste remediation fund. 
 25.20     Sec. 30.  Minnesota Statutes 2000, section 115B.41, 
 25.21  subdivision 3, is amended to read: 
 25.22     Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
 25.23  operator fails to comply with section 115B.40, subdivision 4, or 
 25.24  5, paragraph (b), fails to remit payment of environmental 
 25.25  response costs incurred by the commissioner before the date of 
 25.26  notice of compliance under section 115B.40, subdivision 7, and 
 25.27  is a local government unit, the commissioner may seek payment of 
 25.28  the costs from any state aid payments, except payments made 
 25.29  under section 115A.557, subdivision 1, otherwise due the local 
 25.30  government unit.  The commissioner of revenue, after being 
 25.31  notified by the commissioner that the local government unit has 
 25.32  failed to pay the costs and the amount due, shall pay an annual 
 25.33  proportionate amount of the state aid payment otherwise payable 
 25.34  to the local government unit into the solid waste remediation 
 25.35  fund that will, over a period of no more than five years, 
 25.36  satisfy the liability of the local government unit for the costs.
 26.1      Sec. 31.  Minnesota Statutes 2000, section 115B.42, 
 26.2   subdivision 2, is amended to read: 
 26.3      Subd. 2.  [EXPENDITURES.] Money in the fund may be spent by 
 26.4   The commissioner may use money appropriated from the remediation 
 26.5   fund under section 116.155, subdivision 2, paragraph (a), clause 
 26.6   (2), to: 
 26.7      (1) inspect permitted mixed municipal solid waste disposal 
 26.8   facilities to: 
 26.9      (i) evaluate the adequacy of final cover, slopes, 
 26.10  vegetation, and erosion control; 
 26.11     (ii) determine the presence and concentration of hazardous 
 26.12  substances, pollutants or contaminants, and decomposition gases; 
 26.13  and 
 26.14     (iii) determine the boundaries of fill areas; 
 26.15     (2) monitor and take, or reimburse others for, 
 26.16  environmental response actions, including emergency response 
 26.17  actions, at qualified facilities; 
 26.18     (3) acquire and dispose of property under section 115B.412, 
 26.19  subdivision 3; 
 26.20     (4) recover costs under section 115B.39; 
 26.21     (5) administer, including providing staff and 
 26.22  administrative support for, sections 115B.39 to 115B.445; 
 26.23     (6) enforce sections 115B.39 to 115B.445; 
 26.24     (7) subject to appropriation, administer the agency's 
 26.25  groundwater and solid waste management programs; 
 26.26     (8) pay for private water supply well monitoring and health 
 26.27  assessment costs of the commissioner of health in areas affected 
 26.28  by unpermitted mixed municipal solid waste disposal facilities; 
 26.29     (9) (8) reimburse persons under section 115B.43; 
 26.30     (10) (9) reimburse mediation expenses up to a total of 
 26.31  $250,000 annually or defense costs up to a total of $250,000 
 26.32  annually for third-party claims for response costs under state 
 26.33  or federal law as provided in section 115B.414; and 
 26.34     (11) (10) perform environmental assessments, up to 
 26.35  $1,000,000, at unpermitted mixed municipal solid waste disposal 
 26.36  facilities. 
 27.1      Sec. 32.  Minnesota Statutes 2000, section 115B.421, is 
 27.2   amended to read: 
 27.3      115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 
 27.4      The closed landfill investment fund is established in the 
 27.5   state treasury.  The fund consists of money credited to the 
 27.6   fund, and interest and other earnings on money in the fund.  The 
 27.7   commissioner of finance shall transfer an initial amount of 
 27.8   $5,100,000 from the balance in the solid waste environmental 
 27.9   fund beginning in fiscal year 2000 2002 and shall continue to 
 27.10  transfer $5,100,000 for each following fiscal year, ceasing 
 27.11  after 2003.  The fund shall be managed to maximize long-term 
 27.12  gain through the state board of investment.  Money in the fund 
 27.13  may be spent by the commissioner after fiscal year 2020 in 
 27.14  accordance with section 115B.42, subdivision 2, clauses (1) to 
 27.15  (6) sections 115B.39 to 115B.444.  
 27.16     Sec. 33.  Minnesota Statutes 2000, section 115B.445, is 
 27.17  amended to read: 
 27.18     115B.445 [DEPOSIT OF PROCEEDS.] 
 27.19     All amounts paid to the state by an insurer pursuant to any 
 27.20  settlement under section 115B.443 or judgment under section 
 27.21  115B.444 must be deposited in the state treasury and credited to 
 27.22  the solid waste remediation fund. 
 27.23     Sec. 34.  Minnesota Statutes 2000, section 115B.48, 
 27.24  subdivision 2, is amended to read: 
 27.25     Subd. 2.  [DRYCLEANER ENVIRONMENTAL RESPONSE AND 
 27.26  REIMBURSEMENT ACCOUNT; ACCOUNT FUND.] "Drycleaner environmental 
 27.27  response and reimbursement account" or "account" "Fund" means 
 27.28  the drycleaner environmental response and reimbursement account 
 27.29  remediation fund established in section 115B.49 116.155. 
 27.30     Sec. 35.  Minnesota Statutes 2000, section 115B.49, 
 27.31  subdivision 2, is amended to read: 
 27.32     Subd. 2.  [REVENUE SOURCES.] Revenue from the following 
 27.33  sources must be deposited in the state treasury and credited to 
 27.34  the account fund: 
 27.35     (1) the proceeds of the fees imposed by subdivision 4; 
 27.36     (2) interest attributable to investment of money in the 
 28.1   account; 
 28.2      (3) penalties and interest collected under subdivision 4, 
 28.3   paragraph (c); and 
 28.4      (4) money received by the commissioner for deposit in the 
 28.5   account in the form of gifts, grants, and appropriations. 
 28.6      Sec. 36.  Minnesota Statutes 2000, section 115B.49, 
 28.7   subdivision 3, is amended to read: 
 28.8      Subd. 3.  [EXPENDITURES.] (a) Money in the account fund may 
 28.9   only be used: 
 28.10     (1) for environmental response costs incurred by the 
 28.11  commissioner under section 115B.50, subdivision 1; 
 28.12     (2) for reimbursement of amounts spent by the commissioner 
 28.13  from the environmental response, compensation, and compliance 
 28.14  account for expenses described in clause (1); 
 28.15     (3) for reimbursements under section 115B.50, subdivision 
 28.16  2; and 
 28.17     (4) (3) for administrative costs of the commissioner of 
 28.18  revenue. 
 28.19     (b) Money in the account is appropriated to the 
 28.20  commissioner for the purposes of this subdivision.  The 
 28.21  commissioner shall transfer funds to the commissioner of revenue 
 28.22  sufficient to cover administrative costs pursuant to paragraph 
 28.23  (a), clause (4). 
 28.24     Sec. 37.  Minnesota Statutes 2000, section 115B.49, 
 28.25  subdivision 4, is amended to read: 
 28.26     Subd. 4.  [REGISTRATION; FEES.] (a) The owner or operator 
 28.27  of a drycleaning facility shall register on or before October 1 
 28.28  of each year with the commissioner of revenue in a manner 
 28.29  prescribed by the commissioner of revenue and pay a registration 
 28.30  fee for the facility.  The amount of the fee is: 
 28.31     (1) $500, for facilities with a full-time equivalence of 
 28.32  fewer than five; 
 28.33     (2) $1,000, for facilities with a full-time equivalence of 
 28.34  five to ten; and 
 28.35     (3) $1,500, for facilities with a full-time equivalence of 
 28.36  more than ten. 
 29.1      (b) A person who sells drycleaning solvents for use by 
 29.2   drycleaning facilities in the state shall collect and remit to 
 29.3   the commissioner of revenue in a manner prescribed by the 
 29.4   commissioner of revenue, on or before the 20th day of the month 
 29.5   following the month in which the sales of drycleaning solvents 
 29.6   are made, a fee of: 
 29.7      (1) $3.50 for each gallon of perchloroethylene sold for use 
 29.8   by drycleaning facilities in the state; and 
 29.9      (2) 70 cents for each gallon of hydrocarbon-based 
 29.10  drycleaning solvent sold for use by drycleaning facilities in 
 29.11  the state. 
 29.12     (c) To enforce this subdivision, the commissioner of 
 29.13  revenue may examine documents, assess and collect fees, conduct 
 29.14  investigations, issue subpoenas, grant extensions to file 
 29.15  returns and pay fees, impose penalties and interest on the 
 29.16  annual registration fee under paragraph (a) and the monthly fee 
 29.17  under paragraph (b), abate penalties and interest, and 
 29.18  administer appeals, in the manner provided in chapters 270 and 
 29.19  289A.  The penalties and interest imposed on taxes under chapter 
 29.20  297A apply to the fees imposed under this subdivision.  
 29.21  Disclosure of data collected by the commissioner of revenue 
 29.22  under this subdivision is governed by chapter 270B. 
 29.23     (d) The fees under this subdivision are exempt from section 
 29.24  16A.1285.  
 29.25     Sec. 38.  Minnesota Statutes 2000, section 115B.50, 
 29.26  subdivision 3, is amended to read: 
 29.27     Subd. 3.  [LIMITATION ON AMOUNT THAT MAY BE SPENT.] The 
 29.28  commissioner may not, in a single fiscal year, make expenditures 
 29.29  from the account fund related to a single drycleaning facility 
 29.30  that exceed 20 percent of the balance in the account credited to 
 29.31  the fund under section 115B.49, subdivision 2, at the beginning 
 29.32  of the fiscal year. 
 29.33     Sec. 39.  Minnesota Statutes 2000, section 116.07, 
 29.34  subdivision 4d, is amended to read: 
 29.35     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
 29.36  fees in amounts not greater than those necessary to cover the 
 30.1   reasonable costs of reviewing and acting upon applications for 
 30.2   agency permits and implementing and enforcing the conditions of 
 30.3   the permits pursuant to agency rules.  Permit fees shall not 
 30.4   include the costs of litigation.  The fee schedule must reflect 
 30.5   reasonable and routine permitting, implementation, and 
 30.6   enforcement costs.  The agency may impose an additional 
 30.7   enforcement fee to be collected for a period of up to two years 
 30.8   to cover the reasonable costs of implementing and enforcing the 
 30.9   conditions of a permit under the rules of the agency.  Any money 
 30.10  collected under this paragraph shall be deposited in the 
 30.11  environmental fund. 
 30.12     (b) Notwithstanding paragraph (a), and section 16A.1285, 
 30.13  subdivision 2, the agency shall collect an annual fee from the 
 30.14  owner or operator of all stationary sources, emission 
 30.15  facilities, emissions units, air contaminant treatment 
 30.16  facilities, treatment facilities, potential air contaminant 
 30.17  storage facilities, or storage facilities subject to the 
 30.18  requirement to obtain a permit under subchapter V of the federal 
 30.19  Clean Air Act, United States Code, title 42, section 7401 et 
 30.20  seq., or section 116.081.  The annual fee shall be used to pay 
 30.21  for all direct and indirect reasonable costs, including attorney 
 30.22  general costs, required to develop and administer the permit 
 30.23  program requirements of subchapter V of the federal Clean Air 
 30.24  Act, United States Code, title 42, section 7401 et seq., and 
 30.25  sections of this chapter and the rules adopted under this 
 30.26  chapter related to air contamination and noise.  Those costs 
 30.27  include the reasonable costs of reviewing and acting upon an 
 30.28  application for a permit; implementing and enforcing statutes, 
 30.29  rules, and the terms and conditions of a permit; emissions, 
 30.30  ambient, and deposition monitoring; preparing generally 
 30.31  applicable regulations; responding to federal guidance; 
 30.32  modeling, analyses, and demonstrations; preparing inventories 
 30.33  and tracking emissions; and providing information to the public 
 30.34  about these activities. 
 30.35     (c) The agency shall set fees that: 
 30.36     (1) will result in the collection, in the aggregate, from 
 31.1   the sources listed in paragraph (b), of an amount not less than 
 31.2   $25 per ton of each volatile organic compound; pollutant 
 31.3   regulated under United States Code, title 42, section 7411 or 
 31.4   7412 (section 111 or 112 of the federal Clean Air Act); and each 
 31.5   pollutant, except carbon monoxide, for which a national primary 
 31.6   ambient air quality standard has been promulgated; 
 31.7      (2) may result in the collection, in the aggregate, from 
 31.8   the sources listed in paragraph (b), of an amount not less than 
 31.9   $25 per ton of each pollutant not listed in clause (1) that is 
 31.10  regulated under this chapter or air quality rules adopted under 
 31.11  this chapter; and 
 31.12     (3) shall collect, in the aggregate, from the sources 
 31.13  listed in paragraph (b), the amount needed to match grant funds 
 31.14  received by the state under United States Code, title 42, 
 31.15  section 7405 (section 105 of the federal Clean Air Act). 
 31.16  The agency must not include in the calculation of the aggregate 
 31.17  amount to be collected under clauses (1) and (2) any amount in 
 31.18  excess of 4,000 tons per year of each air pollutant from a 
 31.19  source.  The increase in air permit fees to match federal grant 
 31.20  funds shall be a surcharge on existing fees.  The commissioner 
 31.21  may not collect the surcharge after the grant funds become 
 31.22  unavailable.  In addition, the commissioner shall use nonfee 
 31.23  funds to the extent practical to match the grant funds so that 
 31.24  the fee surcharge is minimized. 
 31.25     (d) To cover the reasonable costs described in paragraph 
 31.26  (b), the agency shall provide in the rules promulgated under 
 31.27  paragraph (c) for an increase in the fee collected in each year 
 31.28  by the percentage, if any, by which the Consumer Price Index for 
 31.29  the most recent calendar year ending before the beginning of the 
 31.30  year the fee is collected exceeds the Consumer Price Index for 
 31.31  the calendar year 1989.  For purposes of this paragraph the 
 31.32  Consumer Price Index for any calendar year is the average of the 
 31.33  Consumer Price Index for all-urban consumers published by the 
 31.34  United States Department of Labor, as of the close of the 
 31.35  12-month period ending on August 31 of each calendar year.  The 
 31.36  revision of the Consumer Price Index that is most consistent 
 32.1   with the Consumer Price Index for calendar year 1989 shall be 
 32.2   used. 
 32.3      (e) Any money collected under paragraphs (b) to (d) must be 
 32.4   deposited in an air quality account in the environmental fund 
 32.5   and must be used solely for the activities listed in paragraph 
 32.6   (b).  
 32.7      (f) Persons who wish to construct or expand an air emission 
 32.8   facility may offer to reimburse the agency for the costs of 
 32.9   staff overtime or consultant services needed to expedite permit 
 32.10  review.  The reimbursement shall be in addition to fees imposed 
 32.11  by paragraphs (a) to (d) law.  When the agency determines that 
 32.12  it needs additional resources to review the permit application 
 32.13  in an expedited manner, and that expediting the review would not 
 32.14  disrupt air permitting program priorities, the agency may accept 
 32.15  the reimbursement.  Reimbursements accepted by the agency are 
 32.16  appropriated to the agency for the purpose of reviewing the 
 32.17  permit application.  Reimbursement by a permit applicant shall 
 32.18  precede and not be contingent upon issuance of a permit and 
 32.19  shall not affect the agency's decision on whether to issue or 
 32.20  deny a permit, what conditions are included in a permit, or the 
 32.21  application of state and federal statutes and rules governing 
 32.22  permit determinations. 
 32.23     (g) The fees under this subdivision are exempt from section 
 32.24  16A.1285. 
 32.25     Sec. 40.  Minnesota Statutes 2000, section 116.07, 
 32.26  subdivision 4h, is amended to read: 
 32.27     Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
 32.28  shall adopt rules requiring the operator or owner of a solid 
 32.29  waste disposal facility to submit to the agency proof of the 
 32.30  operator's or owner's financial capability to provide reasonable 
 32.31  and necessary response during the operating life of the facility 
 32.32  and for 30 years after closure for a mixed municipal solid waste 
 32.33  disposal facility or for a minimum of 20 years after closure, as 
 32.34  determined by agency rules, for any other solid waste disposal 
 32.35  facility, and to provide for the closure of the facility and 
 32.36  postclosure care required under agency rules.  Proof of 
 33.1   financial responsibility is required of the operator or owner of 
 33.2   a facility receiving an original permit or a permit for 
 33.3   expansion after adoption of the rules.  Within 180 days of the 
 33.4   effective date of the rules or by July 1, 1987, whichever is 
 33.5   later, proof of financial responsibility is required of an 
 33.6   operator or owner of a facility with a remaining capacity of 
 33.7   more than five years or 500,000 cubic yards that is in operation 
 33.8   at the time the rules are adopted.  Compliance with the rules 
 33.9   and the requirements of paragraph (b) is a condition of 
 33.10  obtaining or retaining a permit to operate the facility. 
 33.11     (b) A municipality, as defined in section 475.51, 
 33.12  subdivision 2, including a sanitary district, that owns or 
 33.13  operates a solid waste disposal facility that was in operation 
 33.14  on May 15, 1989, may meet its financial responsibility for all 
 33.15  or a portion of the contingency action portion of the reasonable 
 33.16  and necessary response costs at the facility by pledging its 
 33.17  full faith and credit to meet its responsibility. 
 33.18     The pledge must be made in accordance with the requirements 
 33.19  in chapter 475 for issuing bonds of the municipality, and the 
 33.20  following additional requirements: 
 33.21     (1) The governing body of the municipality shall enact an 
 33.22  ordinance that clearly accepts responsibility for the costs of 
 33.23  contingency action at the facility and that reserves, during the 
 33.24  operating life of the facility and for the time period required 
 33.25  in paragraph (a) after closure, a portion of the debt limit of 
 33.26  the municipality, as established under section 475.53 or other 
 33.27  law, that is equal to the total contingency action costs. 
 33.28     (2) The municipality shall require that all collectors that 
 33.29  haul to the facility implement a plan for reducing solid waste 
 33.30  by using volume-based pricing, recycling incentives, or other 
 33.31  means. 
 33.32     (3) When a municipality opts to meet a portion of its 
 33.33  financial responsibility by relying on its authority to issue 
 33.34  bonds, it shall also begin setting aside in a dedicated 
 33.35  long-term care trust fund money that will cover a portion of the 
 33.36  potential contingency action costs at the facility, the amount 
 34.1   to be determined by the agency for each facility based on at 
 34.2   least the amount of waste deposited in the disposal facility 
 34.3   each year, and the likelihood and potential timing of conditions 
 34.4   arising at the facility that will necessitate response action.  
 34.5   The agency may not require a municipality to set aside more than 
 34.6   five percent of the total cost in a single year. 
 34.7      (4) A municipality shall have and consistently maintain an 
 34.8   investment grade bond rating as a condition of using bonding 
 34.9   authority to meet financial responsibility under this section. 
 34.10     (5) The municipality shall file with the commissioner of 
 34.11  revenue its consent to have the amount of its contingency action 
 34.12  costs deducted from state aid payments otherwise due the 
 34.13  municipality and paid instead to the environmental response, 
 34.14  compensation, and compliance account remediation fund created in 
 34.15  section 115B.20 116.155, if the municipality fails to conduct 
 34.16  the contingency action at the facility when ordered by the 
 34.17  agency.  If the agency notifies the commissioner that the 
 34.18  municipality has failed to conduct contingency action when 
 34.19  ordered by the agency, the commissioner shall deduct the amounts 
 34.20  indicated by the agency from the state aids in accordance with 
 34.21  the consent filed with the commissioner. 
 34.22     (6) The municipality shall file with the agency written 
 34.23  proof that it has complied with the requirements of paragraph 
 34.24  (b). 
 34.25     (c) The method for proving financial responsibility under 
 34.26  paragraph (b) may not be applied to a new solid waste disposal 
 34.27  facility or to expansion of an existing facility, unless the 
 34.28  expansion is a vertical expansion.  Vertical expansions of 
 34.29  qualifying existing facilities cannot be permitted for a 
 34.30  duration of longer than three years. 
 34.31     Sec. 41.  Minnesota Statutes 2000, section 116.12, 
 34.32  subdivision 1, is amended to read: 
 34.33     Subdivision 1.  [FEE SCHEDULES.] The agency shall establish 
 34.34  the fees provided in subdivisions 2 and 3 to cover expenditures 
 34.35  of amounts appropriated from the environmental fund to the 
 34.36  agency for permitting, monitoring, inspection, and enforcement 
 35.1   expenses of the hazardous waste activities of the agency.  The 
 35.2   fees are exempt from section 16A.1285.  
 35.3      Sec. 42.  [116.155] [REMEDIATION FUND.] 
 35.4      Subdivision 1.  [CREATION.] The remediation fund is created 
 35.5   as a special revenue fund in the state treasury to provide a 
 35.6   reliable source of public money for response and corrective 
 35.7   actions to address releases of hazardous substances, pollutants 
 35.8   or contaminants, agricultural chemicals, and petroleum, and for 
 35.9   environmental response actions at qualified landfill facilities 
 35.10  for which the agency has assumed such responsibility, including 
 35.11  perpetual care of such facilities.  The specific purposes for 
 35.12  which the fund may be spent are provided in subdivision 2. 
 35.13     Subd. 2.  [APPROPRIATION.] (a) Money in the remediation 
 35.14  fund is appropriated to the agency and the commissioners of 
 35.15  agriculture and natural resources for the following purposes: 
 35.16     (1) to take actions related to releases of hazardous 
 35.17  substances, or pollutants or contaminants as provided in section 
 35.18  115B.20; 
 35.19     (2) to take actions related to releases of hazardous 
 35.20  substances, or pollutants or contaminants, at and from qualified 
 35.21  landfill facilities as provided in section 115B.42, subdivision 
 35.22  2; 
 35.23     (3) to take actions related to releases from dry cleaning 
 35.24  facilities as provided in section 115B.49; 
 35.25     (4) to provide technical and other assistance under 
 35.26  sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 
 35.27  115C.03, subdivision 9; 
 35.28     (5) to take actions related to certain mixed municipal 
 35.29  waste disposal facilities located in the Twin Cities 
 35.30  metropolitan area as provided in section 473.845; 
 35.31     (6) for corrective actions to address incidents involving 
 35.32  agricultural chemicals, including related administrative, 
 35.33  enforcement, and cost recovery actions pursuant to chapter 18D; 
 35.34  and 
 35.35     (7) together with any amount approved for transfer to the 
 35.36  agency from the petroleum tank fund by the commissioner of 
 36.1   finance, to take actions related to releases of petroleum as 
 36.2   provided under section 115C.08. 
 36.3      (b) The commissioner of finance shall allocate the amounts 
 36.4   available in any biennium to the agency, and the commissioners 
 36.5   of agriculture and natural resources for the purposes provided 
 36.6   in this subdivision based upon work plans submitted by the 
 36.7   agency and the commissioners of agriculture and natural 
 36.8   resources, and may adjust those allocations upon submittal of 
 36.9   revised work plans.  Copies of the work plans shall be submitted 
 36.10  to the chairs of the environment and environment finance 
 36.11  committees of the senate and house of representatives. 
 36.12     Subd. 3.  [REVENUES.] The following revenues shall be 
 36.13  deposited in the remediation fund: 
 36.14     (1) response costs and natural resource damages related to 
 36.15  releases of hazardous substances, or pollutants or contaminants, 
 36.16  recovered under sections 115B.17, subdivisions 6 and 7, 
 36.17  115B.443, 115B.444, 115B.50, 115B.51, or any other law; 
 36.18     (2) money paid to the agency or the agriculture department 
 36.19  by voluntary parties who have received technical or other 
 36.20  assistance under sections 115B.17, subdivision 14, 115B.175 to 
 36.21  115B.179, and 115C.03, subdivision 9; 
 36.22     (3) money received in the form of gifts, grants, 
 36.23  reimbursement, or appropriation from any source for any of the 
 36.24  purposes provided in subdivision 2, except federal grants; and 
 36.25     (4) interest accrued on the fund. 
 36.26     Subd. 4.  [OTHER SOURCES OF THE FUND.] The remediation fund 
 36.27  shall also be supported by appropriations as may be made by the 
 36.28  legislature from time to time from the environmental fund. 
 36.29     Sec. 43.  Minnesota Statutes 2000, section 116C.834, 
 36.30  subdivision 1, is amended to read: 
 36.31     Subdivision 1.  [COSTS.] All costs incurred by the state to 
 36.32  carry out its responsibilities under the compact and under 
 36.33  sections 116C.833 to 116C.843 shall be paid by generators of 
 36.34  low-level radioactive waste in this state through fees assessed 
 36.35  by the pollution control agency.  Fees may be reasonably 
 36.36  assessed on the basis of volume or degree of hazard of the waste 
 37.1   produced by a generator.  Costs for which fees may be assessed 
 37.2   include, but are not limited to:  
 37.3      (1) the state contribution required to join the compact; 
 37.4      (2) the expenses of the Commission member and state agency 
 37.5   costs incurred to support the work of the Interstate Commission; 
 37.6   and 
 37.7      (3) regulatory costs. 
 37.8      The fees are exempt from section 16A.1285.  
 37.9      Sec. 44.  Minnesota Statutes 2000, section 297H.13, 
 37.10  subdivision 1, is amended to read: 
 37.11     Subdivision 1.  [DEPOSIT OF REVENUES.] The revenues derived 
 37.12  from the taxes imposed on waste management services 
 37.13  environmental tax under this chapter, less the costs to the 
 37.14  department of revenue for administering the tax under this 
 37.15  chapter, shall be deposited by the commissioner of revenue in 
 37.16  the state treasury and credited to the environmental fund. 
 37.17     The amounts retained by the department of revenue shall be 
 37.18  deposited in a separate revenue department fund which is hereby 
 37.19  created.  Money in this fund is hereby appropriated, up to a 
 37.20  maximum annual amount of $200,000, to the commissioner of 
 37.21  revenue for the costs incurred in administration of the solid 
 37.22  waste management environmental tax under this chapter. 
 37.23     Sec. 45.  Minnesota Statutes 2000, section 325E.10, 
 37.24  subdivision 1, is amended to read: 
 37.25     Subdivision 1.  For the purposes of sections 325E.11 to 
 37.26  325E.113 325E.112 and this section, the terms defined in this 
 37.27  section have the meanings given them. 
 37.28     Sec. 46.  Minnesota Statutes 2000, section 325E.112, 
 37.29  subdivision 3, is amended to read: 
 37.30     Subd. 3.  [EDUCATION PROGRAM.] By June 30 of each year, the 
 37.31  commissioner shall estimate the amount of funds available under 
 37.32  section 325E.113 16A.531, subdivision 1d, that will not be 
 37.33  expended for reimbursements and shall transfer all or a portion 
 37.34  of the estimated unexpended funds to the office of environmental 
 37.35  assistance to cover the costs of educating the public and 
 37.36  businesses on the provisions of this section and on proper 
 38.1   management of used motor oil, used motor oil filters, and other 
 38.2   automotive wastes.  In coordination with the pollution control 
 38.3   agency, county solid waste administrators, used motor oil and 
 38.4   used motor oil filter collection site operators, and 
 38.5   manufacturers and retailers of motor oil and motor oil filters, 
 38.6   the director of the office of environmental assistance shall 
 38.7   educate the public and businesses on the proper management of 
 38.8   used motor oil, used motor oil filters, and other automotive 
 38.9   wastes.  As part of the education efforts, the director shall 
 38.10  make information available to the public and businesses 
 38.11  regarding the proper management of used motor oil, used motor 
 38.12  oil filters, and other automotive wastes on the office's World 
 38.13  Wide Web page.  The commissioner of the pollution control agency 
 38.14  shall also make information regarding the proper management of 
 38.15  used motor oil, used motor oil filters, and other automotive 
 38.16  wastes available on the agency's World Wide Web page. 
 38.17     Sec. 47.  Minnesota Statutes 2000, section 469.175, 
 38.18  subdivision 7, is amended to read: 
 38.19     Subd. 7.  [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 
 38.20  RESPONSE ACTIONS.] (a) An authority which is creating or has 
 38.21  created a tax increment financing district may establish within 
 38.22  the district a hazardous substance subdistrict upon the notice 
 38.23  and after the discussion, public hearing, and findings required 
 38.24  for approval of or modification to the original plan.  The 
 38.25  geographic area of the subdistrict is made up of any parcels in 
 38.26  the district designated for inclusion by the municipality or 
 38.27  authority that are designated hazardous substance sites, and any 
 38.28  additional parcels in the district designated for inclusion that 
 38.29  are contiguous to the hazardous substance sites, including 
 38.30  parcels that are contiguous to the site except for the 
 38.31  interposition of a right-of-way.  Before or at the time of 
 38.32  approval of the tax increment financing plan or plan 
 38.33  modification providing for the creation of the hazardous 
 38.34  substance subdistrict, the authority must make the findings 
 38.35  under paragraphs (b) to (d), and set forth in writing the 
 38.36  reasons and supporting facts for each. 
 39.1      (b) Development or redevelopment of the site, in the 
 39.2   opinion of the authority, would not reasonably be expected to 
 39.3   occur solely through private investment and tax increment 
 39.4   otherwise available, and therefore the hazardous substance 
 39.5   district is deemed necessary. 
 39.6      (c) Other parcels that are not designated hazardous 
 39.7   substance sites are expected to be developed together with a 
 39.8   designated hazardous substance site.  
 39.9      (d) The subdistrict is not larger than, and the period of 
 39.10  time during which increments are elected to be received is not 
 39.11  longer than, that which is necessary in the opinion of the 
 39.12  authority to provide for the additional costs due to the 
 39.13  designated hazardous substance site. 
 39.14     (e) Upon request by an authority that has incurred expenses 
 39.15  for removal or remedial actions to implement a development 
 39.16  response action plan, the attorney general may: 
 39.17     (1) bring a civil action on behalf of the authority to 
 39.18  recover the expenses, including administrative costs and 
 39.19  litigation expenses, under section 115B.04 or other law; or 
 39.20     (2) assist the authority in bringing an action as described 
 39.21  in clause (1), by providing legal and technical advice, 
 39.22  intervening in the action, or other appropriate assistance. 
 39.23  The decision to participate in any action to recover expenses is 
 39.24  at the discretion of the attorney general. 
 39.25     (f) If the attorney general brings an action as provided in 
 39.26  paragraph (e), clause (1), the authority shall certify its 
 39.27  reasonable and necessary expenses incurred to implement the 
 39.28  development response action plan and shall cooperate with the 
 39.29  attorney general as required to effectively pursue the action.  
 39.30  The certification by the authority is prima facie evidence that 
 39.31  the expenses are reasonable and necessary.  The attorney general 
 39.32  may deduct litigation expenses incurred by the attorney general 
 39.33  from any amounts recovered in an action brought under paragraph 
 39.34  (e), clause (1).  The authority shall reimburse the attorney 
 39.35  general for litigation expenses not recovered in an action under 
 39.36  paragraph (e), clause (1), but only from the additional tax 
 40.1   increment required to be used as described in section 469.176, 
 40.2   subdivision 4e.  The authority must reimburse the attorney 
 40.3   general for litigation expenses incurred to assist in bringing 
 40.4   an action under paragraph (e), clause (2), but only from amounts 
 40.5   recovered by the authority in an action or, if the amounts are 
 40.6   insufficient, from the additional tax increment required to be 
 40.7   used as described in section 469.176, subdivision 4e.  All money 
 40.8   recovered or paid to the attorney general for litigation 
 40.9   expenses under this paragraph shall be paid to the general fund 
 40.10  of the state for deposit to the account of the attorney 
 40.11  general.  For the purposes of this section, "litigation 
 40.12  expenses" means attorney fees and costs of discovery and other 
 40.13  preparation for litigation. 
 40.14     (g) The authority shall reimburse the pollution control 
 40.15  agency for its administrative expenses incurred to review and 
 40.16  approve a development action response plan.  The authority must 
 40.17  reimburse the pollution control agency for expenses incurred for 
 40.18  any services rendered to the attorney general to support the 
 40.19  attorney general in actions brought or assistance provided under 
 40.20  paragraph (e), but only from amounts recovered by the authority 
 40.21  in an action brought under paragraph (e) or from the additional 
 40.22  tax increment required to be used as described in section 
 40.23  469.176, subdivision 4e.  All money paid to the pollution 
 40.24  control agency under this paragraph shall be deposited in the 
 40.25  environmental response, compensation and compliance fund. 
 40.26     (h) Actions taken by an authority consistent with a 
 40.27  development response action plan are deemed to be authorized 
 40.28  response actions for the purpose of section 115B.17, subdivision 
 40.29  12.  An authority that takes actions consistent with a 
 40.30  development response action plan qualifies for the defenses 
 40.31  available under sections 115B.04, subdivision 11, and 115B.05, 
 40.32  subdivision 9. 
 40.33     (i) All money recovered by an authority in an action 
 40.34  brought under paragraph (e) in excess of the amounts paid to the 
 40.35  attorney general and the pollution control agency must be 
 40.36  treated as excess increments and be distributed as provided in 
 41.1   section 469.176, subdivision 2, clause (4), to the extent the 
 41.2   removal and remedial actions were initially financed with 
 41.3   increment revenues. 
 41.4      Sec. 48.  Minnesota Statutes 2000, section 473.843, 
 41.5   subdivision 2, is amended to read: 
 41.6      Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
 41.7   the department of revenue for costs incurred in administering 
 41.8   this section, the proceeds of the fees imposed under this 
 41.9   section, including interest and penalties, must shall be 
 41.10  deposited as follows:  
 41.11     (1) three-fourths of the proceeds must be deposited in the 
 41.12  metropolitan landfill abatement account established in section 
 41.13  473.844; and 
 41.14     (2) one-fourth of the proceeds must be deposited in the 
 41.15  metropolitan landfill contingency action trust remediation fund 
 41.16  established in section 473.845 116.155. 
 41.17     Sec. 49.  Minnesota Statutes 2000, section 473.845, 
 41.18  subdivision 3, is amended to read: 
 41.19     Subd. 3.  [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS 
 41.20  AND REIMBURSEMENT.] Money in the fund may only be appropriated 
 41.21  to the agency for expenditure for The agency may use money 
 41.22  appropriated to it from the remediation fund established under 
 41.23  section 116.155, subdivision 2, paragraph (a), clause (5), for 
 41.24  any of the following: 
 41.25     (1) to take reasonable and necessary expenses actions for 
 41.26  closure and postclosure care of a mixed municipal solid waste 
 41.27  disposal facility in the metropolitan area for a 30-year period 
 41.28  after closure, if the agency determines that the operator or 
 41.29  owner will not take the necessary actions requested by the 
 41.30  agency for closure and postclosure in the manner and within the 
 41.31  time requested; 
 41.32     (2) to take reasonable and necessary response actions and 
 41.33  postclosure costs care actions at a mixed municipal solid waste 
 41.34  disposal facility in the metropolitan area that has been closed 
 41.35  for 30 years in compliance with the closure and postclosure 
 41.36  rules of the agency; or 
 42.1      (3) reimbursement to reimburse a local government unit for 
 42.2   costs incurred over $400,000 under a work plan approved by the 
 42.3   commissioner of the agency to remediate methane at a closed 
 42.4   disposal facility owned by the local government unit. 
 42.5      Sec. 50.  Minnesota Statutes 2000, section 473.845, 
 42.6   subdivision 7, is amended to read: 
 42.7      Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
 42.8   expenses for response actions at a facility, the agency is 
 42.9   subrogated to any right of action which the operator or owner of 
 42.10  the facility may have against any other person for the recovery 
 42.11  of the expenses.  The attorney general may bring an action to 
 42.12  recover amounts spent by the agency under this section from 
 42.13  persons who may be liable for them.  Amounts recovered, 
 42.14  including money paid under any agreement, stipulation, or 
 42.15  settlement must be deposited in the metropolitan landfill 
 42.16  contingency action remediation fund created under section 
 42.17  116.155.  
 42.18     Sec. 51.  Minnesota Statutes 2000, section 473.845, 
 42.19  subdivision 8, is amended to read: 
 42.20     Subd. 8.  [CIVIL PENALTIES.] The civil penalties of 
 42.21  sections 115.071 and 116.072 apply to any person in violation of 
 42.22  this section.  All money recovered by the state under any 
 42.23  statute or rule related to the regulation of solid waste in the 
 42.24  metropolitan area, including civil penalties and money paid 
 42.25  under any agreement, stipulation, or settlement, shall be 
 42.26  deposited in the fund.  
 42.27     Sec. 52.  [TRANSFER OF FUND BALANCES.] 
 42.28     Subdivision 1.  [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
 42.29  COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 
 42.30  response, compensation, and compliance account are transferred 
 42.31  to the remediation fund created under Minnesota Statutes, 
 42.32  section 116.155. 
 42.33     Subd. 2.  [SOLID WASTE FUND.] All amounts remaining in the 
 42.34  solid waste fund are transferred to the remediation fund created 
 42.35  under Minnesota Statutes, section 116.155. 
 42.36     Subd. 3.  [DRYCLEANER ENVIRONMENTAL RESPONSE AND 
 43.1   REIMBURSEMENT ACCOUNT.] All amounts remaining in the drycleaner 
 43.2   environmental response and reimbursement account are transferred 
 43.3   to the remediation fund created under Minnesota Statutes, 
 43.4   section 116.155. 
 43.5      Subd. 4.  [METROPOLITAN LANDFILL CONTINGENCY ACTION 
 43.6   FUND.] All amounts remaining in the metropolitan landfill 
 43.7   contingency action fund are transferred to the remediation fund 
 43.8   created under Minnesota Statutes, section 116.155. 
 43.9      Sec. 53.  [INSTRUCTION TO REVISOR.] 
 43.10     The revisor of statutes shall change the name of the "solid 
 43.11  waste management tax" created under Minnesota Statutes, chapter 
 43.12  297H, to the "environmental tax" in Minnesota Statutes and 
 43.13  Minnesota Rules. 
 43.14     Sec. 54.  [REPEALER.] 
 43.15     (a) Minnesota Statutes 2000, sections 115B.02, subdivision 
 43.16  1a; 115B.19; 115B.22, subdivision 8; 115B.42, subdivision 1; 
 43.17  115B.48, subdivision 2; 115B.49, subdivision 1; 116.994; 
 43.18  297H.13, subdivisions 2, 3, and 4; 325E.113; and 473.845, 
 43.19  subdivisions 1 and 4, are repealed effective July 1, 2001. 
 43.20     (b) Minnesota Statutes 2000, section 116.12, is repealed 
 43.21  effective January 1, 2002. 
 43.22     Sec. 55.  [EFFECTIVE DATE.] 
 43.23     Sections 1 to 52 are effective July 1, 2001.