HF 1377

3rd Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to agriculture; clarifying certain procedures 
  1.3             for agricultural chemical response reimbursement; 
  1.4             amending Minnesota Statutes 1994, sections 18E.02, by 
  1.5             adding a subdivision; and 18E.04, subdivisions 2 and 4.
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 18E.02, is 
  1.8   amended by adding a subdivision to read: 
  1.9      Subd. 7.  [SINGLE SITE.] "Single site" for purposes of 
  1.10  chapter 18E means all land and water areas, including air space, 
  1.11  and all plants, animals, structures, buildings, contrivances, 
  1.12  and machinery whether fixed or mobile including anything used 
  1.13  for transportation within a one-half mile radius of a discovered 
  1.14  or reported incident where agricultural chemical handling, 
  1.15  storage, disposal, and distribution activities have occurred or 
  1.16  are now occurring. 
  1.17     Sec. 2.  Minnesota Statutes 1994, section 18E.04, 
  1.18  subdivision 2, is amended to read: 
  1.19     Subd. 2.  [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 
  1.20  request by an eligible person, the board may pay the eligible 
  1.21  person for the reasonable and necessary cash disbursements for 
  1.22  corrective action costs incurred by the eligible person as 
  1.23  provided under subdivision 4 if the board determines: 
  1.24     (1) the eligible person pays the first $1,000 of the 
  1.25  corrective action costs; 
  2.1      (2) the eligible person provides the board with a sworn 
  2.2   affidavit and other convincing evidence that the eligible person 
  2.3   is unable to pay additional corrective action costs; 
  2.4      (3) the eligible person continues to assume responsibility 
  2.5   for carrying out the requirements of corrective action orders 
  2.6   issued to the eligible person or that are in effect; and 
  2.7      (4) the incident was reported as required in chapters 18B, 
  2.8   18C, and 18D.  
  2.9      (b) An eligible person is not eligible for payment or 
  2.10  reimbursement and must refund amounts paid or reimbursed by the 
  2.11  board if false statements or misrepresentations are made in the 
  2.12  affidavit or other evidence submitted to the commissioner to 
  2.13  show an inability to pay corrective action costs.  
  2.14     (c)  The board may pay the eligible person and one or more 
  2.15  designees by multiparty check. 
  2.16     Sec. 3.  Minnesota Statutes 1994, section 18E.04, 
  2.17  subdivision 4, is amended to read: 
  2.18     Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
  2.19  a person that is eligible for reimbursement or payment under 
  2.20  subdivisions 1, 2, and 3 from the agricultural chemical response 
  2.21  and reimbursement account for:  
  2.22     (1) 90 percent of the total reasonable and necessary 
  2.23  corrective action costs greater than $1,000 and less than or 
  2.24  equal to $100,000; and 
  2.25     (2) 100 percent of the total reasonable and necessary 
  2.26  corrective action costs greater than $100,000 but less than or 
  2.27  equal to $200,000.  
  2.28     (b) A reimbursement or payment may not be made until the 
  2.29  board has determined that the costs are reasonable and are for a 
  2.30  reimbursement of the costs that were actually incurred. 
  2.31     (c) The board may make periodic payments or reimbursements 
  2.32  as corrective action costs are incurred upon receipt of invoices 
  2.33  for the corrective action costs. 
  2.34     (d) Money in the agricultural chemical response and 
  2.35  reimbursement account is appropriated to the commissioner to 
  2.36  make payments and reimbursements directed by the board under 
  3.1   this subdivision.  
  3.2      (e) The board may not make reimbursement greater than the 
  3.3   maximum allowed under paragraph (a) for all incidents on a 
  3.4   single site which: 
  3.5      (1) were not reported at the time of release but were 
  3.6   discovered and reported after July 1, 1989; and 
  3.7      (2) may have occurred prior to July 1, 1989, as determined 
  3.8   by the commissioner. 
  3.9      (f) The board may only reimburse an eligible person for 
  3.10  separate incidents within a single site if the commissioner 
  3.11  determines that each incident is completely separate and 
  3.12  distinct in respect of location within the single site or time 
  3.13  of occurrence.