SF 198

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to environment; authorizing the director of 
  1.3             the office of environmental assistance to terminate 
  1.4             the obligations of counties for waste processing 
  1.5             grants; terminating the outstanding obligations of 
  1.6             specified counties for waste processing grants; 
  1.7             amending Minnesota Statutes 2002, section 115A.54, by 
  1.8             adding a subdivision. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 2002, section 115A.54, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 4.  [TERMINATION OF OBLIGATIONS; GOOD-FAITH 
  1.13  EFFORT.] Notwithstanding the provisions of section 16A.695, the 
  1.14  director may terminate the obligations of a grant or loan 
  1.15  recipient under this section, if the director finds that the 
  1.16  recipient has made a good-faith effort to exhaust all options in 
  1.17  trying to comply with the terms and conditions of the grant or 
  1.18  loan.  In lieu of declaring a default on a grant or a loan under 
  1.19  this section, the director may identify additional measures a 
  1.20  recipient should take in order to meet the good-faith test 
  1.21  required for terminating the recipient's obligations under this 
  1.22  section.  By December 15 of each year, the director shall report 
  1.23  to the legislature the defaults and terminations the director 
  1.24  has ordered in the previous year, if any.  No decision on 
  1.25  termination under this section is effective until the end of the 
  1.26  legislative session following the director's report. 
  1.27     Sec. 2.  [COUNTY PROCESSING GRANT OBLIGATIONS.] 
  2.1      The outstanding obligations arising from the following 
  2.2   specified processing facility grants provided by the office of 
  2.3   environmental assistance to the listed counties are terminated, 
  2.4   notwithstanding the provisions of Minnesota Statutes, section 
  2.5   16A.695: 
  2.6      (1) Fillmore county, for demonstration program grants 
  2.7   awarded March 1987 and June 1991; 
  2.8      (2) St. Louis county, for a capital assistance program 
  2.9   grant awarded September 1989; 
  2.10     (3) Wright county, for a capital assistance program grant 
  2.11  awarded April 1990; 
  2.12     (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 
  2.13  counties, together as the east central solid waste commission, 
  2.14  for a capital assistance program grant awarded September 1990, 
  2.15  and a facility optimization grant awarded February 1994; and 
  2.16     (5) Pennington county, for a capital assistance program 
  2.17  grant awarded in February 1992. 
  2.18     Sec. 3.  [EFFECTIVE DATE.] 
  2.19     Section 2 is effective the day following final enactment.