HF 3069

3rd 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; authorizing petroleum 
  1.3             fund reimbursement to eligible small business owners; 
  1.4             modifying reimbursement for small gasoline retailers; 
  1.5             amending Minnesota Statutes 1996, section 115C.09, by 
  1.6             adding a subdivision; Minnesota Statutes 1997 
  1.7             Supplement, section 115C.09, subdivision 3f. 
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 1997 Supplement, section 
  1.10  115C.09, subdivision 3f, is amended to read: 
  1.11     Subd. 3f.  [REIMBURSEMENTS; SMALL GASOLINE RETAILERS.] (a) 
  1.12  As used in this subdivision, "small gasoline retailer" means 
  1.13  a responsible person tank owner or operator who owns no more 
  1.14  than only one location in this or any other state where motor 
  1.15  fuel was dispensed to the public into motor vehicles, 
  1.16  watercraft, or aircraft in the previous year, and who dispensed 
  1.17  motor fuel at that location. 
  1.18     (b) Notwithstanding subdivision 1, paragraph (b), clause 
  1.19  (1), for eligible applicants who are small gasoline retailers 
  1.20  that have dispensed less than 500,000 gallons of motor fuel 
  1.21  during the most recent calendar year that petroleum products 
  1.22  were dispensed at the location owned by the retailer, the board 
  1.23  shall reimburse the applicant for 90 percent of the applicant's 
  1.24  total reimbursable cost for tank removal projects started after 
  1.25  January 1, 1997, including, but not limited to, tank removal, 
  1.26  closure in place, backfill, resurfacing, and utility service 
  2.1   restoration costs, regardless of whether a release has occurred 
  2.2   at the site, provided that the tank involved is a regulated 
  2.3   underground storage tank. 
  2.4      (c) Notwithstanding subdivision 1, paragraph (b), clause 
  2.5   (1), for eligible applicants who are small gasoline retailers 
  2.6   that have dispensed less than 250,000 gallons of motor fuel 
  2.7   during the most recent calendar year that petroleum products 
  2.8   were dispensed at the location owned by the retailer, provided 
  2.9   that the tank involved is a regulated underground storage tank, 
  2.10  the board shall reimburse the applicant for 95 percent of the 
  2.11  following costs: 
  2.12     (1) tank removal costs described in paragraph (b); and 
  2.13     (2) petroleum contamination cleanup as provided under 
  2.14  subdivision 1 incurred during or after the tank removal project. 
  2.15     (d) An applicant who owns only one location in this or any 
  2.16  other state where motor fuel was dispensed to the public into 
  2.17  motor vehicles, watercraft, or aircraft but who did not dispense 
  2.18  motor fuel at that location may qualify as a small gasoline 
  2.19  retailer if:  
  2.20     (1) the previous tank owner or operator at the location was 
  2.21  a small gasoline retailer that dispensed less than 500,000 
  2.22  gallons of motor fuel during the most recent calendar year that 
  2.23  petroleum products were dispensed at the location; and 
  2.24     (2) the applicant acquired legal or equitable title to the 
  2.25  property after January 1, 1996.  
  2.26     (e) This subdivision expires January 1, 2000. 
  2.27     Sec. 2.  Minnesota Statutes 1996, section 115C.09, is 
  2.28  amended by adding a subdivision to read: 
  2.29     Subd. 3g.  [REIMBURSEMENTS; SMALL BUSINESS OWNERS.] (a) As 
  2.30  used in this subdivision, "small business owner" means a person: 
  2.31     (1) who has no more than $100,000 per year in sales; 
  2.32     (2) who owns no more than one location where motor fuel was 
  2.33  previously dispensed to the public into motor vehicles; 
  2.34     (3) who did not dispense motor fuel at that location; and 
  2.35     (4) whose tanks were never registered with the state. 
  2.36     (b) Notwithstanding subdivision 1, paragraph (b), clause 
  3.1   (1), the board shall reimburse an eligible applicant who is a 
  3.2   small business owner for 90 percent of the applicant's total 
  3.3   reimbursable cost for tank removal projects started after 
  3.4   January 1, 1998, including, but not limited to, tank removal, 
  3.5   closure in place, backfill, resurfacing, and utility service 
  3.6   restoration costs, regardless of whether a release has occurred 
  3.7   at the site, and provided that the person does not intend to 
  3.8   replace the tanks. 
  3.9      Sec. 3.  [EFFECTIVE DATE.] 
  3.10     Section 1 is effective the day following final enactment.