HF 4567

as introduced - 93rd Legislature (2023 - 2024) Posted on 03/04/2024 02:28pm

A bill for an act
relating to environment; protecting involuntary conveyors of PFAS from liability
under the Minnesota Environmental Response and Liability Act; amending
Minnesota Statutes 2022, sections 115B.02, by adding subdivisions; 115B.04,
subdivision 1, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2022, section 115B.02, is amended by adding a subdivision
to read:

new text begin Subd. 9b. new text end

new text begin Involuntary conveyor of PFAS. new text end

new text begin "Involuntary conveyor of PFAS" means a
political subdivision as an owner or operator of any of the following:
new text end

new text begin (1) a sewage sludge disposal facility, as defined in section 115A.03;
new text end

new text begin (2) a treatment works, as defined in section 115.01;
new text end

new text begin (3) a public water system, as defined in the federal Safe Drinking Water Act, United
States Code, title 42, section 300f, clause (4); or
new text end

new text begin (4) constructed management facilities for stormwater, as defined in section 103G.005.
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

Sec. 2.

Minnesota Statutes 2022, section 115B.02, is amended by adding a subdivision to
read:

new text begin Subd. 12a. new text end

new text begin PFAS. new text end

new text begin "PFAS" means a class of fluorinated organic chemicals containing
at least one fully fluorinated carbon atom.
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

Sec. 3.

Minnesota Statutes 2022, section 115B.04, subdivision 1, is amended to read:

Subdivision 1.

Liability.

Except as otherwise provided in subdivisions 2 to deleted text begin 12 deleted text end new text begin 13 new text end , and
notwithstanding any other provision or rule of law, any person who is responsible for a
release or threatened release of a hazardous substance from a facility is strictly liable, jointly
and severally, for the following response costs and damages which result from the release
or threatened release or to which the release or threatened release significantly contributes:

(1) all reasonable and necessary response costs incurred by the state, a political
subdivision of the state or the United States;

(2) all reasonable and necessary removal costs incurred by any person; and

(3) all damages for any injury to, destruction of, or loss of natural resources, including
the reasonable costs of assessing such injury, destruction, or loss.

new text begin EFFECTIVE DATE. new text end

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

Sec. 4.

Minnesota Statutes 2022, section 115B.04, is amended by adding a subdivision to
read:

new text begin Subd. 13. new text end

new text begin Involuntary conveyors of PFAS. new text end

new text begin (a) An involuntary conveyor of PFAS is
not liable for the release of PFAS if:
new text end

new text begin (1) the release occurred during the operation of facilities in a manner consistent with all
applicable laws; and
new text end

new text begin (2) the release was not the result of gross negligence or willful misconduct.
new text end

new text begin (b) If federal law provides greater protection from liability to involuntary conveyors of
PFAS than is provided by this subdivision, involuntary conveyors of PFAS are protected
from liability to the extent provided under federal law. The commissioner must take all
steps necessary to ensure that involuntary conveyors of PFAS receive the greatest available
liability protection in any response actions related to discharges of PFAS.
new text end

new text begin (c) Paragraph (a) applies retroactively and prospectively to a discharge of PFAS regardless
of when the facilities in question were constructed and regardless of whether the release
occurred before or after the effective date of this subdivision.
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