HF 1397

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

  1.1                          A bill for an act 
  1.2             relating to the environment; providing for cleanup of 
  1.3             petroleum-contaminated sites that are not associated 
  1.4             with a release from a tank; extending the authority of 
  1.5             the commissioner of the pollution control agency to 
  1.6             issue liability assurances in certain situations; 
  1.7             extending the repealer of the program; modifying a 
  1.8             definition; appropriating money; amending Minnesota 
  1.9             Statutes 1996, sections 115C.03, subdivision 9; 
  1.10            115C.08, subdivision 4; 115C.13; and 116J.552, 
  1.11            subdivision 4. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1996, section 115C.03, 
  1.14  subdivision 9, is amended to read: 
  1.15     Subd. 9.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
  1.16  OVERSIGHT.] (a) The commissioner may, upon request:  
  1.17     (1) assist in determining whether a release has occurred; 
  1.18  and 
  1.19     (2) assist in or supervise the development and 
  1.20  implementation of reasonable and necessary corrective actions; 
  1.21  and 
  1.22     (3) assist in or supervise the investigation, development, 
  1.23  and implementation of actions to minimize, eliminate, or clean 
  1.24  up petroleum contamination at sites where it is not certain that 
  1.25  the contamination is attributable to a release.  
  1.26     (b) Assistance may include review of agency records and 
  1.27  files and review and approval of a requester's investigation 
  1.28  plans and reports and corrective action plans and implementation.
  2.1      (c) Assistance may include the issuance of a written 
  2.2   determination that an owner or prospective buyer of real 
  2.3   property will not be a responsible person under section 
  2.4   115C.021, if the commissioner finds the release came from a tank 
  2.5   not located on the property.  The commissioner may also issue a 
  2.6   written confirmation that the real property was the site of a 
  2.7   release and that the tank from which the release occurred has 
  2.8   been removed or that the agency has issued a site closure letter 
  2.9   and has not revoked that status.  The issuance of the written 
  2.10  determination or confirmation applies to tanks not on the 
  2.11  property or removed only and does not affect liability for 
  2.12  releases from tanks that are on the property at the time of 
  2.13  purchase.  The commissioner may also issue site closure letters 
  2.14  and nonresponsible person determinations for sites contaminated 
  2.15  by petroleum where it is not certain that the contamination is 
  2.16  attributable to a release.  The written determination or 
  2.17  confirmation extends to the successors and assigns of the person 
  2.18  to whom it originally applied, if the successors and assigns are 
  2.19  not otherwise responsible for the release. 
  2.20     (d) The person requesting assistance under this subdivision 
  2.21  shall pay the agency for the agency's cost, as determined by the 
  2.22  commissioner, of providing assistance.  Money received by the 
  2.23  agency for assistance under this subdivision must be deposited 
  2.24  in the state treasury and credited to an account in the special 
  2.25  revenue fund.  Money in this account is annually appropriated to 
  2.26  the commissioner for purposes of administering the subdivision. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 115C.08, 
  2.28  subdivision 4, is amended to read: 
  2.29     Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
  2.30  spent: 
  2.31     (1) to administer the petroleum tank release cleanup 
  2.32  program established in this chapter; 
  2.33     (2) for agency administrative costs under sections 116.46 
  2.34  to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
  2.35  action taken by the agency under section 115C.03, including 
  2.36  investigations; 
  3.1      (3) for costs of recovering expenses of corrective actions 
  3.2   under section 115C.04; 
  3.3      (4) for training, certification, and rulemaking under 
  3.4   sections 116.46 to 116.50; 
  3.5      (5) for agency administrative costs of enforcing rules 
  3.6   governing the construction, installation, operation, and closure 
  3.7   of aboveground and underground petroleum storage tanks; 
  3.8      (6) for reimbursement of the harmful substance compensation 
  3.9   account under subdivision 5 and section 115B.26, subdivision 4; 
  3.10     (7) for administrative and staff costs as set by the board 
  3.11  to administer the petroleum tank release program established in 
  3.12  this chapter; and 
  3.13     (8) for corrective action performance audits under section 
  3.14  115C.093; and 
  3.15     (9) for contamination cleanup grants, as provided in 
  3.16  paragraph (c). 
  3.17     (b) Except as provided in paragraph (c), money in the fund 
  3.18  is appropriated to the board to make reimbursements or payments 
  3.19  under this section. 
  3.20     (c) $6,200,000 is annually appropriated from the fund to 
  3.21  the commissioner of trade and economic development for 
  3.22  contamination cleanup grants under section 116J.554, provided 
  3.23  that money appropriated in this paragraph may be used only for 
  3.24  cleanup costs attributable to petroleum contamination, as 
  3.25  determined by the commissioner of the pollution control agency. 
  3.26     Sec. 3.  Minnesota Statutes 1996, section 115C.13, is 
  3.27  amended to read: 
  3.28     115C.13 [REPEALER.] 
  3.29     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
  3.30  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
  3.31  115C.092, 115C.10, 115C.11, and 115C.12, are repealed effective 
  3.32  June 30, 2000 2005. 
  3.33     Sec. 4.  Minnesota Statutes 1996, section 116J.552, 
  3.34  subdivision 4, is amended to read: 
  3.35     Subd. 4.  [DEVELOPMENT AUTHORITY.] "Development authority" 
  3.36  includes a statutory or home rule charter city, county, housing 
  4.1   and redevelopment authority, economic development authority, and 
  4.2   a port authority.