HF 1699

1st Engrossment - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:53am

A bill for an act
relating to plant closings; requiring oriented strand board facilities to be kept in
salable operating conditions for two years after closing; requiring a maintenance
plan.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1. new text begin DUTY TO MAINTAIN.
new text end

new text begin When the owner or operator of an oriented strand board facility determines to
permanently discontinue the operation of the facility for any reason, it shall maintain
the facility in salable operating condition for at least two years after it permanently
discontinues operation in order to allow the state of Minnesota and other interested public
and private bodies to seek a new owner and operator. The requirement imposed by this
section is a preliminary and permanent requirement on the right of an owner to commence
or continue the operation of a manufacturing facility. This requirement is enforceable on
all owners and operators and successors of owners and operators and shall be enforced by
the state in any action in bankruptcy or other litigation that may affect it.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactively for permanent closures
announced after July 1, 2008.
new text end

Sec. 2. new text begin TEMPORARY MAINTENANCE PLAN.
new text end

new text begin (a) At least 60 days before the owner or operator of an oriented strand board
manufacturing facility determines to permanently discontinue the operation of the facility,
it shall submit a temporary maintenance plan to the commissioner of employment and
economic development for approval. However, if an owner or operator of an oriented
strand board manufacturing facility determines to permanently discontinue the operation
of the facility after July 1, 2008, but before the date 60 days following final enactment of
this section, the owner or operator has 60 days following final enactment of this section
to submit the temporary maintenance plan to the commissioner of employment and
economic development for approval.
new text end

new text begin (b) The plan required by paragraph (a) must provide for:
new text end

new text begin (1) the orderly shutdown of the facility, including movement of all mobile equipment
to an area above the high-water mark;
new text end

new text begin (2) health, safety, and security, including provisions for fire prevention and staffing
for security;
new text end

new text begin (3) maintenance of plant facilities including supplying heat or cooling where needed
and maintenance of utility lines needed to support the property;
new text end

new text begin (4) compliance with all permit requirements; and
new text end

new text begin (5) a schedule for reporting periodically to the commissioner of employment and
economic development on all maintenance activities and any plans to liquidate assets.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end