HF 2368

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2019 02:53pm

A bill for an act
relating to environment; providing for disposition of fines for certain
trichloroethylene emissions; creating an account; creating stakeholder group;
proposing coding for new law in Minnesota Statutes, chapter 115B.

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

Section 1.

new text begin [115B.55] TCE EMISSION RESPONSE ACCOUNT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section and section 115B.56, the
terms in this subdivision have the meanings given.
new text end

new text begin (b) "Settlement" means the stipulation agreement entered into on March 1, 2019, to
resolve alleged unlawful TCE emissions by Water Gremlin Company.
new text end

new text begin (c) "TCE" means trichloroethylene.
new text end

new text begin (d) "TCE area of concern" includes the area in and near White Bear Township affected
by unlawful emissions of TCE, as determined by the commissioner of the Pollution Control
Agency.
new text end

new text begin Subd. 2. new text end

new text begin Establishment. new text end

new text begin The TCE emission response account is established as an account
in the environmental fund. The account consists of the net proceeds of the civil penalty paid
to the Pollution Control Agency as part of the settlement and earnings on the investment of
money in the account. Money in the account may be invested through the State Board of
Investment.
new text end

new text begin Subd. 3. new text end

new text begin Expenditures. new text end

new text begin Subject to appropriation by the legislature, money in the account
may be spent to assess and address the effects of unlawful emissions of TCE in the TCE
area of concern.
new text end

Sec. 2.

new text begin [115B.56] TCE EMISSION STAKEHOLDERS.
new text end

new text begin The commissioner must work with stakeholders to identify and recommend to the
legislature projects to receive funding from the TCE emission response account. Stakeholders
include, at a minimum, local governments located in or near the TCE area of concern, elected
officials representing areas located in or near the TCE area of concern, individuals and
businesses located in or near the TCE area of concern, and Water Gremlin Company.
Stakeholder recommendations may include recommendations regarding:
new text end

new text begin (1) the broad purposes or specific projects for which money in the TCE emission response
account should be appropriated;
new text end

new text begin (2) the need for additional testing, investigations, or research;
new text end

new text begin (3) ways to improve communication between state and federal officials and local
governments, citizens, and businesses when hazardous chemicals are actually or potentially
released into a community;
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new text begin (4) policy or law changes that would facilitate a better response to future releases of
hazardous chemicals; and
new text end

new text begin (5) any other matter the stakeholders deem relevant.
new text end