SF 1354

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to the environment; providing partial 
  1.3             reimbursement to potentially responsible persons who 
  1.4             incur environmental cleanup costs related to the 
  1.5             operation of certain oil re-refineries; amending 
  1.6             Minnesota Statutes 1994, sections 115C.08, subdivision 
  1.7             2, and by adding a subdivision; and 115C.13; proposing 
  1.8             coding for new law in Minnesota Statutes, chapter 115C.
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1994, section 115C.08, 
  1.11  subdivision 2, is amended to read: 
  1.12     Subd. 2.  [IMPOSITION OF FEE.] The board shall notify the 
  1.13  commissioner of revenue if the unencumbered balance of the 
  1.14  account falls below $4,000,000, and except that until the 
  1.15  commissioner of the agency certifies to the board that response 
  1.16  actions have been completed at each oil re-refinery site 
  1.17  governed by section 115C.081, the board shall notify the 
  1.18  commissioner of revenue if the unencumbered balance falls below 
  1.19  $10,000,000.  Within 60 days after receiving notice from the 
  1.20  board, the commissioner of revenue shall impose the fee 
  1.21  established in subdivision 3 on the use of a tank for four 
  1.22  calendar months, with payment to be submitted with each monthly 
  1.23  distributor tax return. 
  1.24     Sec. 2.  Minnesota Statutes 1994, section 115C.08, is 
  1.25  amended by adding a subdivision to read: 
  1.26     Subd. 4a.  [ADDITIONAL EXPENDITURES.] In addition to 
  1.27  expenditures authorized in subdivision 4, money in the account 
  2.1   may be spent: 
  2.2      (1) for reimbursement of response action costs at oil 
  2.3   re-refinery sites as provided in section 115C.081; and 
  2.4      (2) for the costs of the agency and the board to administer 
  2.5   that section. 
  2.6      Sec. 3.  [115C.081] [REIMBURSEMENT OF CLEANUP COSTS AT 
  2.7   CERTAIN OIL RE-REFINERY SITES.] 
  2.8      Subdivision 1.  [ELIGIBLE SITES.] This section applies to 
  2.9   response to a release or releases at or from a site listed under 
  2.10  section 115B.17, subdivision 13, for the purposes of the 
  2.11  environmental response and liability act where the release or 
  2.12  releases are directly related to the operation of a recycling 
  2.13  facility operated primarily for re-refining used motor oil or 
  2.14  other used petroleum products, and at which potentially 
  2.15  responsible parties have, by July 1, 1996, entered into a 
  2.16  court-approved settlement with federal and state authorities 
  2.17  apportioning the liability of the potentially responsible 
  2.18  parties. 
  2.19     Subd. 2.  [ELIGIBLE PERSONS.] Persons eligible for 
  2.20  reimbursement under this section must have: 
  2.21     (1) operated a service station, which changed oil for light 
  2.22  duty vehicles of consumers and which sent the used motor oil 
  2.23  taken from a consumer's vehicle to an eligible site as 
  2.24  designated in subdivision 1; and 
  2.25     (2) entered into the court-approved settlement described in 
  2.26  subdivision 1.  For purposes of this section, "service station" 
  2.27  means a motor vehicle service station, filling station, garage, 
  2.28  or similar retail establishment engaged in the business of 
  2.29  repairing or servicing motor vehicles, where the majority of the 
  2.30  gross revenue of the establishment is derived from fueling, 
  2.31  repairing, or servicing motor vehicles. 
  2.32     Subd. 3.  [ELIGIBLE COSTS.] An eligible person may receive 
  2.33  reimbursement of 90 percent of the amount assessed to that 
  2.34  person under the court-approved settlement not paid by 
  2.35  insurance.  Costs eligible for reimbursement do not include 
  2.36  attorney's fees. 
  3.1      Subd. 4.  [REIMBURSEMENT; APPLICATION AND 
  3.2   ADMINISTRATION.] (a) A person eligible for reimbursement under 
  3.3   this section may apply to the board for reimbursement in the 
  3.4   manner prescribed by the board.  An application must include 
  3.5   verification of payment of the amount of reimbursement requested.
  3.6      (b) The board shall approve applications for reimbursement 
  3.7   in the order in which completed applications are received and 
  3.8   shall provide reimbursement on an ongoing basis subject to the 
  3.9   limitation in subdivision 5. 
  3.10     Subd. 5.  [LIMITATION ON USE OF FUNDS FROM THE 
  3.11  ACCOUNT.] The board shall provide reimbursement under this 
  3.12  section when the unencumbered balance of the account exceeds 
  3.13  $4,000,000 but may not provide reimbursement under this section 
  3.14  when the balance of the account does not exceed $4,000,000. 
  3.15     Subd. 6.  [INVESTIGATION AND PURSUIT OF INSURANCE 
  3.16  CLAIMS.] (a) At the commissioner's request, a person receiving 
  3.17  reimbursement under this section shall: 
  3.18     (1) provide the commissioner with a copy of all applicable 
  3.19  comprehensive general liability insurance policies, 
  3.20  certificates, or other evidence of insurance coverage held while 
  3.21  the person engaged in actions making the person eligible for 
  3.22  reimbursement; 
  3.23     (2) take any actions necessary to preserve the person's 
  3.24  rights to payment or defense under the policies; 
  3.25     (3) cooperate with the commissioner in asserting those 
  3.26  claims; and 
  3.27     (4) within 60 days of the commissioner's request, assign 
  3.28  only those rights under the policies related to environmental 
  3.29  response costs at or related to the eligible site. 
  3.30     (b) The attorney general shall pursue available insurance 
  3.31  claims under rights assigned under paragraph (a) and may 
  3.32  contract for legal services for this purpose.  All money 
  3.33  recovered under this subdivision must be credited to the 
  3.34  petroleum tank release cleanup account. 
  3.35     Subd. 7.  [RULES.] The board may adopt emergency rules 
  3.36  under section 14.29 to 14.365 to implement this section. 
  4.1      Sec. 4.  Minnesota Statutes 1994, section 115C.13, is 
  4.2   amended to read: 
  4.3      115C.13 [REPEALER.] 
  4.4      Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
  4.5   115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 
  4.6   115C.081, 115C.09, 115C.10, 115C.11, and 115C.12, are repealed 
  4.7   effective June 30, 2000. 
  4.8      Sec. 5.  [EFFECTIVE DATE.] 
  4.9      Sections 1 to 4 are effective the day after final enactment.