HF 2295

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; temporarily excepting 
  1.3             pavement markers from the prohibition on the use of 
  1.4             lead in paint; providing for a reduction in the 
  1.5             pollution control agency's base operating budget for 
  1.6             failing to meet the agency's goal of reducing 
  1.7             pollution in the state; amending Minnesota Statutes 
  1.8             1994, section 115A.9651, subdivision 1; Minnesota 
  1.9             Statutes 1995 Supplement, section 116.011. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 115A.9651, 
  1.12  subdivision 1, is amended to read: 
  1.13     Subdivision 1.  [PROHIBITION.] (a) Except as provided in 
  1.14  paragraph (d), no person may distribute for sale or use in this 
  1.15  state any ink, dye, pigment, paint, or fungicide manufactured 
  1.16  after September 1, 1994, into which lead, cadmium, mercury, or 
  1.17  hexavalent chromium has been intentionally introduced. 
  1.18     (b) For the purposes of this subdivision, "intentionally 
  1.19  introduce" means to deliberately use a metal listed in paragraph 
  1.20  (a) as an element during manufacture or distribution of an item 
  1.21  listed in paragraph (a).  Intentional introduction does not 
  1.22  include the incidental presence of any of the prohibited 
  1.23  elements. 
  1.24     (c) The concentration of a listed metal in an item listed 
  1.25  in paragraph (a) may not exceed 100 parts per million. 
  1.26     (d) The use of lead in substances utilized in marking road, 
  1.27  street, highway, and bridge pavements is exempt from this 
  2.1   subdivision until July 1, 1998. 
  2.2      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.3   116.011, is amended to read: 
  2.4      116.011 [ANNUAL POLLUTION REPORT.] 
  2.5      Subdivision 1.  [AGENCY GOAL; REPORT.] A goal of the 
  2.6   pollution control agency is to reduce the amount of pollution 
  2.7   that is emitted in the state.  The pollution control agency 
  2.8   shall include in its annual performance report information 
  2.9   detailing the best estimate of the agency of the total volume of 
  2.10  water and air pollution that was emitted in the state in the 
  2.11  previous calendar year.  The agency shall report its findings 
  2.12  for both water and air pollution: 
  2.13     (1) in gross amounts, including the percentage increase or 
  2.14  decrease over the previous calendar year; and 
  2.15     (2) in a manner which will demonstrate the magnitude of the 
  2.16  various sources of water and air pollution. 
  2.17     Subd. 2.  [PENALTY FOR FAILURE TO MEET GOAL.] If the annual 
  2.18  report submitted under this section demonstrates that the annual 
  2.19  amount of pollution emitted in this state increased from the 
  2.20  previous year, the agency's base operating budget for the 
  2.21  following fiscal year shall be reduced by one-quarter of a 
  2.22  percent.  Within ten days of publication of the report, the 
  2.23  commissioner shall notify the commissioner of finance of the 
  2.24  agency's failure to meet the goal described in subdivision 1.  
  2.25  The commissioner of finance shall then reduce the agency's base 
  2.26  operating budget by the penalty amount by prorating that amount 
  2.27  over the agency's various appropriation sources.