SF 2065

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying the landfill 
  1.3             cleanup program; repealing certain obsolete accounting 
  1.4             and reporting requirements; amending Minnesota 
  1.5             Statutes 1998, sections 115A.554; 115A.918, 
  1.6             subdivision 1; 115B.39, subdivision 2; 115B.40, 
  1.7             subdivisions 2, 3, 4, 5, 6, 7, and 8; 115B.405, 
  1.8             subdivision 1; 115B.412, subdivision 3; 115B.42; 
  1.9             115B.43, subdivision 1; 115B.442, by adding a 
  1.10            subdivision; and 115B.445; proposing coding for new 
  1.11            law in Minnesota Statutes, chapter 115B; repealing 
  1.12            Minnesota Statutes 1998, sections 115A.929; 115A.981; 
  1.13            297H.13, subdivision 6; and 473.845, subdivision 2. 
  1.14  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.15     Section 1.  Minnesota Statutes 1998, section 115A.554, is 
  1.16  amended to read: 
  1.17     115A.554 [AUTHORITY OF SANITARY DISTRICTS.] 
  1.18     A sanitary district has the authorities and duties of 
  1.19  counties within the district's boundary for purposes of sections 
  1.20  115A.0716; 115A.46, subdivisions 4 and 5; 115A.48; 115A.551; 
  1.21  115A.552; 115A.553; 115A.919; 115A.929; 115A.93; 115A.96, 
  1.22  subdivision 6; 115A.961; 116.072; 375.18, subdivision 14; 
  1.23  400.08; 400.16; and 400.161. 
  1.24     Sec. 2.  Minnesota Statutes 1998, section 115A.918, 
  1.25  subdivision 1, is amended to read: 
  1.26     Subdivision 1.  [SCOPE.] The definitions in this section 
  1.27  apply to this section and sections 115A.919 to 115A.929 115A.923.
  1.28     Sec. 3.  Minnesota Statutes 1998, section 115B.39, 
  1.29  subdivision 2, is amended to read: 
  2.1      Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
  2.2   in this subdivision, the definitions in sections 115A.03 and 
  2.3   115B.02 apply to sections 115B.39 to 115B.445, except as 
  2.4   specifically modified in this subdivision. 
  2.5      (b) "Cleanup order" means a consent order between 
  2.6   responsible persons and the agency or an order issued by the 
  2.7   United States Environmental Protection Agency under section 106 
  2.8   of the federal Superfund Act. 
  2.9      (c) "Closure" means actions to prevent or minimize the 
  2.10  threat to public health and the environment posed by a mixed 
  2.11  municipal solid waste disposal facility that has stopped 
  2.12  accepting waste by controlling the sources of releases or 
  2.13  threatened releases at the facility.  "Closure" includes 
  2.14  removing contaminated equipment and liners; applying final 
  2.15  cover; grading and seeding final cover; installing wells, 
  2.16  borings, and other monitoring devices; constructing groundwater 
  2.17  and surface water diversion structures; and installing gas 
  2.18  control systems and site security systems, as necessary.  The 
  2.19  commissioner may authorize use of final cover that includes 
  2.20  processed materials that meet the requirements in Code of 
  2.21  Federal Regulations, title 40, section 503.32, paragraph (a). 
  2.22     (d) "Closure upgrade" means construction activity that 
  2.23  will, at a minimum, modify an existing cover so that it 
  2.24  satisfies current rule requirements for mixed municipal solid 
  2.25  waste land disposal facilities. 
  2.26     (e) "Contingency action" means organized, planned, or 
  2.27  coordinated courses of action to be followed in case of fire, 
  2.28  explosion, or release of solid waste, waste by-products, or 
  2.29  leachate that could threaten human health or the environment. 
  2.30     (f) "Corrective action" means steps taken to repair 
  2.31  facility structures including liners, monitoring wells, 
  2.32  separation equipment, covers, and aeration devices and to bring 
  2.33  the facility into compliance with design, construction, 
  2.34  groundwater, surface water, and air emission standards. 
  2.35     (g) "Decomposition gases" means gases produced by chemical 
  2.36  or microbial activity during the decomposition of solid waste. 
  3.1      (h) "Dump materials" means nonhazardous mixed municipal 
  3.2   solid wastes disposed at a Minnesota waste disposal site other 
  3.3   than a qualified facility prior to 1973. 
  3.4      (i) "Environmental response action" means response action 
  3.5   at a qualified facility, including corrective action, closure, 
  3.6   postclosure care; contingency action; environmental studies, 
  3.7   including remedial investigations and feasibility studies; 
  3.8   engineering, including remedial design; removal; remedial 
  3.9   action; site construction; and other similar cleanup-related 
  3.10  activities.  
  3.11     (j) "Environmental response costs" means: 
  3.12     (1) costs of environmental response action, not including 
  3.13  legal or administrative expenses; and 
  3.14     (2) costs required to be paid to the federal government 
  3.15  under section 107(a) of the federal Superfund Act, as amended. 
  3.16     (k) "Postclosure" or "postclosure care" means actions taken 
  3.17  for the care, maintenance, and monitoring of closure actions at 
  3.18  a mixed municipal solid waste disposal facility. 
  3.19     (l) "Qualified facility" means a mixed municipal solid 
  3.20  waste disposal facility as described in the most recent agency 
  3.21  permit, including adjacent property used for solid waste 
  3.22  disposal that did not occur under a permit from the agency, that:
  3.23     (1)(i) is or was permitted by the agency; 
  3.24     (2) (ii) stopped accepting solid waste, except demolition 
  3.25  debris, for disposal by April 9, 1994; and 
  3.26     (3) (iii) stopped accepting demolition debris for disposal 
  3.27  by June 1, 1994, except that demolition debris may be accepted 
  3.28  until May 1, 1995, at a permitted area where disposal of 
  3.29  demolition debris is allowed, if the area where the demolition 
  3.30  debris is deposited is at least 50 feet from the fill boundary 
  3.31  of the area where mixed municipal solid waste was deposited; or 
  3.32     (2)(i) is or was permitted by the agency; and 
  3.33     (ii) stopped accepting waste by January 1, 2000, except 
  3.34  that demolition debris, industrial waste, and municipal solid 
  3.35  waste combustor ash may be accepted until January 1, 2001, at a 
  3.36  permitted area where disposal of such waste is allowed, if the 
  4.1   area where the waste is deposited is at least 50 feet from the 
  4.2   fill boundary of the area where mixed municipal solid waste was 
  4.3   deposited. 
  4.4      Sec. 4.  Minnesota Statutes 1998, section 115B.40, 
  4.5   subdivision 2, is amended to read: 
  4.6      Subd. 2.  [PRIORITY LIST.] (a) The commissioner shall 
  4.7   establish a priority list for preventing or responding to 
  4.8   releases of hazardous substances, pollutants and contaminants, 
  4.9   or decomposition gases at qualified facilities defined in 
  4.10  section 115B.39, subdivision 2, paragraph (l), clause (1).  The 
  4.11  commissioner shall periodically revise the list to reflect 
  4.12  changing conditions at facilities that affect priority for 
  4.13  response actions.  The initial priority list must be established 
  4.14  by January 1, 1995. 
  4.15     (b) The priority list required under this subdivision must 
  4.16  be based on the relative risk or danger to public health or 
  4.17  welfare or the environment, taking into account to the extent 
  4.18  possible the population at risk, the hazardous potential of the 
  4.19  hazardous substances at the facility, the potential for 
  4.20  contamination of drinking water supplies, the potential for 
  4.21  direct human contact, and the potential for destruction of 
  4.22  sensitive ecosystems. 
  4.23     Sec. 5.  Minnesota Statutes 1998, section 115B.40, 
  4.24  subdivision 3, is amended to read: 
  4.25     Subd. 3.  [NOTIFICATION.] By September 1, 1994, the 
  4.26  commissioner shall notify the owner or operator of, and persons 
  4.27  subject to a cleanup order at, each qualified facility defined 
  4.28  in section 115B.39, subdivision 2, paragraph (l), clause (1), of 
  4.29  whether the requirements of subdivision 4 or 5 have been met.  
  4.30  If the requirements have not been met at a facility, the 
  4.31  commissioner, by the earliest practicable date, shall notify the 
  4.32  owner or operator and persons subject to a cleanup order of what 
  4.33  actions need to be taken.  
  4.34     Sec. 6.  Minnesota Statutes 1998, section 115B.40, 
  4.35  subdivision 4, is amended to read: 
  4.36     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
  5.1   DUTIES.] (a) The owner or operator of a qualified facility that 
  5.2   is not subject to a cleanup order shall: 
  5.3      (1) complete closure activities at the facility, or enter 
  5.4   into a binding agreement with the commissioner to do so, as 
  5.5   provided in paragraph (d) (e), within one year from the date the 
  5.6   owner or operator is notified by the commissioner under 
  5.7   subdivision 3 of the closure activities that are necessary to 
  5.8   properly close the facility in compliance with facility's 
  5.9   permit, closure orders, or enforcement agreement with the 
  5.10  agency, and with the solid waste rules in effect at the time the 
  5.11  facility stopped accepting waste; 
  5.12     (2) undertake or continue postclosure care at the facility 
  5.13  until the date of notice of compliance under subdivision 7; 
  5.14     (3) in the case of qualified facilities defined in section 
  5.15  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
  5.16  the commissioner of revenue for deposit in the solid waste fund 
  5.17  established in section 115B.42 any funds required for proof of 
  5.18  financial responsibility under section 116.07, subdivision 4h, 
  5.19  that remain after facility closure and any postclosure care and 
  5.20  response action undertaken by the owner or operator at the 
  5.21  facility including, if proof of financial responsibility is 
  5.22  provided through a letter of credit or other financial 
  5.23  instrument or mechanism that does not accumulate money in an 
  5.24  account, the amount that would have accumulated had the owner or 
  5.25  operator utilized a trust fund, less any amount used for 
  5.26  closure, postclosure care, and response action at the 
  5.27  facility; and 
  5.28     (4) in the case of qualified facilities defined in section 
  5.29  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
  5.30  the commissioner of revenue for deposit in the solid waste fund 
  5.31  established in section 115B.42 an amount of cash that is equal 
  5.32  to the sum of their approved current contingency action cost 
  5.33  estimate and the present value of their approved estimated 
  5.34  remaining postclosure care costs required for proof of financial 
  5.35  responsibility under section 116.07, subdivision 4h. 
  5.36     (b) The owner or operator of a qualified facility that is 
  6.1   not subject to a cleanup order shall:  
  6.2      (1) in the case of qualified facilities defined in section 
  6.3   115B.39, subdivision 2, paragraph (l), clause (1), provide the 
  6.4   commissioner with a copy of all applicable comprehensive general 
  6.5   liability insurance policies and other liability policies 
  6.6   relating to property damage, certificates, or other evidence of 
  6.7   insurance coverage held during the life of the facility; and 
  6.8      (5) (2) enter into a binding agreement with the 
  6.9   commissioner to: 
  6.10     (i) in the case of qualified facilities defined in section 
  6.11  115B.39, subdivision 2, paragraph (l), clause (1), take any 
  6.12  actions necessary to preserve the owner or operator's rights to 
  6.13  payment or defense under insurance policies included in 
  6.14  clause (4) (1); cooperate with the commissioner in asserting 
  6.15  claims under the policies; and, within 60 days of a request by 
  6.16  the commissioner, but no earlier than July 1, 1996, assign only 
  6.17  those rights under the policies related to environmental 
  6.18  response costs; 
  6.19     (ii) cooperate with the commissioner or other persons 
  6.20  acting at the direction of the commissioner in taking additional 
  6.21  environmental response actions necessary to address releases or 
  6.22  threatened releases and to avoid any action that interferes with 
  6.23  environmental response actions, including allowing entry to the 
  6.24  property and to the facility's records and allowing entry and 
  6.25  installation of equipment; and 
  6.26     (iii) refrain from developing or altering the use of 
  6.27  property described in any permit for the facility except after 
  6.28  consultation with the commissioner and in conformance with any 
  6.29  conditions established by the commissioner for that property, 
  6.30  including use restrictions, to protect public health and welfare 
  6.31  and the environment. 
  6.32     (b) (c) The owner or operator of a qualified facility 
  6.33  defined in section 115B.39, subdivision 2, paragraph (l), clause 
  6.34  (1), that is a political subdivision may use a portion of any 
  6.35  funds established for response at the facility, which are 
  6.36  available directly or through a financial instrument or other 
  7.1   financial arrangement, for closure or postclosure care at the 
  7.2   facility if funds available for closure or postclosure care are 
  7.3   inadequate and shall assign the rights to any remainder to the 
  7.4   commissioner. 
  7.5      (c) (d) The agreement required in paragraph (a) (b), 
  7.6   clause (5) (2), must be in writing and must apply to and be 
  7.7   binding upon the successors and assigns of the owner.  The owner 
  7.8   shall record the agreement, or a memorandum approved by the 
  7.9   commissioner that summarizes the agreement, with the county 
  7.10  recorder or registrar of titles of the county where the property 
  7.11  is located. 
  7.12     (d) (e) A binding agreement entered into under paragraph 
  7.13  (a), clause (1), may include a provision that the owner or 
  7.14  operator will reimburse the commissioner for the costs of 
  7.15  closing the facility to the standard required in that clause. 
  7.16     Sec. 7.  Minnesota Statutes 1998, section 115B.40, 
  7.17  subdivision 5, is amended to read: 
  7.18     Subd. 5.  [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.] 
  7.19  (a) For a qualified facility that is subject to a cleanup order, 
  7.20  persons identified in the order shall complete construction of 
  7.21  the remedy required under the cleanup order and: 
  7.22     (1) for a federal order, receive a concurrent determination 
  7.23  of the United States Environmental Protection Agency and the 
  7.24  agency or commissioner that the remedy is functioning properly 
  7.25  and is performing as designed; or 
  7.26     (2) for a state order, receive acknowledgment from the 
  7.27  agency or commissioner that the obligations under the order for 
  7.28  construction of the remedy have been met. 
  7.29     (b) The owner or operator of a qualified facility that is 
  7.30  subject to a cleanup order, in addition to any applicable 
  7.31  requirement in paragraph (a), shall comply with subdivision 4, 
  7.32  paragraph paragraphs (a), clauses clause (3) to (5) or (4); 
  7.33  and (b). 
  7.34     Sec. 8.  Minnesota Statutes 1998, section 115B.40, 
  7.35  subdivision 6, is amended to read: 
  7.36     Subd. 6.  [COMMISSIONER; DUTIES.] (a) If the owner or 
  8.1   operator of a qualified facility that is subject to the 
  8.2   requirements of subdivision 4, paragraph (a), fails to comply 
  8.3   with subdivision 4, paragraph (a), clause (1) or (2), the 
  8.4   commissioner shall: 
  8.5      (1) undertake or complete closure activities at the 
  8.6   facility in compliance with the solid waste rules in effect at 
  8.7   the time the commissioner takes action under this clause; and 
  8.8      (2) undertake or continue postclosure care at the facility 
  8.9   as required under subdivision 2. 
  8.10     (b) If a facility has been properly closed under 
  8.11  subdivision 4, but the applicable closure requirements are less 
  8.12  environmentally protective than closure requirements in the 
  8.13  solid waste rules in effect on January 1, 1993, the commissioner 
  8.14  shall determine whether the facility should be closed to the 
  8.15  higher standards and, if so, shall undertake additional closure 
  8.16  activities at the facility to meet those standards.  The 
  8.17  commissioner may determine that additional closure activities 
  8.18  are unnecessary only if it is likely that response actions will 
  8.19  be taken in the near future and that those response actions will 
  8.20  result in removal or significant alteration of the closure 
  8.21  activities or render the closure activities unnecessary.  
  8.22     Sec. 9.  Minnesota Statutes 1998, section 115B.40, 
  8.23  subdivision 7, is amended to read: 
  8.24     Subd. 7.  [NOTICE OF COMPLIANCE; EFFECTS.] (a) The 
  8.25  commissioner shall provide written notice of compliance to the 
  8.26  appropriate owner or operator or person subject to a cleanup 
  8.27  order when: 
  8.28     (1) the commissioner determines that the requirements of 
  8.29  subdivision 4 or 5 have been met; and 
  8.30     (2) the person who will receive the notice has submitted to 
  8.31  the commissioner a written waiver of any claims the person may 
  8.32  have against any other person for recovery of any environmental 
  8.33  response costs related to a qualified facility that were 
  8.34  incurred prior to the date of notice of compliance. 
  8.35     (b) Beginning on the date of the notice of compliance: 
  8.36     (1) the commissioner shall assume all obligations of the 
  9.1   owner or operator or person for environmental response actions 
  9.2   under the federal Superfund Act and any federal or state cleanup 
  9.3   orders and shall undertake all further action under subdivision 
  9.4   1 at or related to the facility that the commissioner deems 
  9.5   appropriate and in accordance with the priority list; and 
  9.6      (2) the commissioner may not seek recovery against the 
  9.7   owner or operator of the facility or any responsible person of 
  9.8   any costs incurred by the commissioner for environmental 
  9.9   response action at or related to the facility, except: 
  9.10     (i) in the case of qualified facilities defined in section 
  9.11  115B.39, subdivision 2, paragraph (l), clause (1), to the extent 
  9.12  of insurance coverage held by the owner or operator or 
  9.13  responsible person; or 
  9.14     (ii) as provided in section 115B.402. 
  9.15     (c) The commissioner and the attorney general shall 
  9.16  communicate with the United States Environmental Protection 
  9.17  Agency addressing the manner and procedure for the state's 
  9.18  assumption of federal obligations under paragraph (b), clause 
  9.19  (1). 
  9.20     Sec. 10.  Minnesota Statutes 1998, section 115B.40, 
  9.21  subdivision 8, is amended to read: 
  9.22     Subd. 8.  [STATUTES OF LIMITATIONS.] (a) With respect to 
  9.23  claims for recovery of environmental response costs related to 
  9.24  qualified facilities defined in section 115B.39, subdivision 2, 
  9.25  paragraph (l), clause (1), the running of all applicable periods 
  9.26  of limitation under state law is suspended until July 1, 2004. 
  9.27     (b) A waiver of claims for recovery of environmental 
  9.28  response costs under this section or section 115B.43 is 
  9.29  extinguished for that portion of reimbursable costs under 
  9.30  section 115B.43 that have not been reimbursed by July 1, 2004. 
  9.31     Sec. 11.  Minnesota Statutes 1998, section 115B.405, 
  9.32  subdivision 1, is amended to read: 
  9.33     Subdivision 1.  [APPLICATION.] The owner or operator of a 
  9.34  qualified facility may apply to the commissioner for exclusion 
  9.35  from the landfill cleanup program under sections 115B.39, 
  9.36  115B.40, 115B.41, 115B.412, and 115B.43.  Applications for 
 10.1   qualified facilities defined in section 115B.39, subdivision 2, 
 10.2   paragraph (l), clause (1), must be received by the commissioner 
 10.3   by February 1, 1995.  Applications for qualified facilities 
 10.4   defined in section 115B.39, subdivision 2, paragraph (l), clause 
 10.5   (2), must be received by the commissioner by December 31, 1999.  
 10.6   The owner or operator of a qualified facility that is subject to 
 10.7   a federal cleanup order or that includes any portion that is 
 10.8   tax-forfeited may not apply for exclusion under this section.  
 10.9   In addition to other information required by the commissioner, 
 10.10  an application must include a disclosure of all financial 
 10.11  assurance accounts established for the facility.  Applications 
 10.12  for exclusion must: 
 10.13     (1) show that the operator or owner is complying with the 
 10.14  agency's rules adopted under section 116.07, subdivision 4h, and 
 10.15  is complying with a financial assurance plan for the facility 
 10.16  that the commissioner has approved after determining that the 
 10.17  plan is adequate to provide for closure, postclosure care, and 
 10.18  contingency action; 
 10.19     (2) demonstrate that the facility is closed or is in 
 10.20  compliance with a closure schedule approved by the commissioner; 
 10.21  and 
 10.22     (3) include a waiver of all claims for recovery of costs 
 10.23  incurred under sections 115B.01 to 115B.24 and the federal 
 10.24  Superfund Act at or related to a qualified facility. 
 10.25     Sec. 12.  Minnesota Statutes 1998, section 115B.412, 
 10.26  subdivision 3, is amended to read: 
 10.27     Subd. 3.  [ACQUISITION AND DISPOSITION OF REAL PROPERTY.] 
 10.28  The commissioner may acquire and dispose of real property the 
 10.29  commissioner deems reasonably necessary for environmental 
 10.30  response actions at or related to a qualified facility under 
 10.31  section 115B.17, subdivisions 15 and 16.  Revenue from the sale, 
 10.32  lease, or other transfer of property acquired under this 
 10.33  subdivision shall be deposited in the solid waste fund 
 10.34  established in section 115B.42. 
 10.35     Sec. 13.  Minnesota Statutes 1998, section 115B.42, is 
 10.36  amended to read: 
 11.1      115B.42 [SOLID WASTE FUND.] 
 11.2      Subdivision 1.  [ESTABLISHMENT; APPROPRIATION; SEPARATE 
 11.3   ACCOUNTING.] (a) The solid waste fund is established in the 
 11.4   state treasury.  The fund consists of money credited to the fund 
 11.5   and interest earned on the money in the fund.  Except as 
 11.6   provided in subdivision 2, clause clauses (7) and (8), money in 
 11.7   the fund is annually appropriated to the commissioner for the 
 11.8   purposes listed in subdivision 2. 
 11.9      (b) The commissioner of finance shall separately account 
 11.10  for revenue deposited in the fund from financial assurance funds 
 11.11  or other mechanisms, the metropolitan landfill contingency 
 11.12  action trust fund, and all other sources of revenue. 
 11.13     Subd. 2.  [EXPENDITURES.] (a) Money in the fund may be 
 11.14  spent by the commissioner to: 
 11.15     (1) inspect permitted mixed municipal solid waste disposal 
 11.16  facilities to: 
 11.17     (i) evaluate the adequacy of final cover, slopes, 
 11.18  vegetation, and erosion control; 
 11.19     (ii) determine the presence and concentration of hazardous 
 11.20  substances, pollutants or contaminants, and decomposition gases; 
 11.21  and 
 11.22     (iii) determine the boundaries of fill areas; 
 11.23     (2) monitor and take, or reimburse others for, 
 11.24  environmental response actions, including emergency response 
 11.25  actions, at qualified facilities; 
 11.26     (3) acquire and dispose of property under section 115B.412, 
 11.27  subdivision 3; 
 11.28     (4) recover costs under section 115B.39; 
 11.29     (5) administer, including providing staff and 
 11.30  administrative support for, sections 115B.39 to 115B.445; 
 11.31     (6) enforce sections 115B.39 to 115B.445; 
 11.32     (7) subject to appropriation, administer the agency's 
 11.33  groundwater and solid waste management programs; 
 11.34     (8) subject to appropriation, pay for private water supply 
 11.35  monitoring and health assessment costs of the commissioner of 
 11.36  health in areas contaminated by unpermitted mixed municipal 
 12.1   solid waste disposal facilities; 
 12.2      (9) reimburse persons under section 115B.43; and 
 12.3      (9) (10) reimburse mediation expenses up to a total of 
 12.4   $250,000 annually or defense costs up to a total of $250,000 
 12.5   annually for third-party claims for response costs under state 
 12.6   or federal law as provided in section 115B.414. 
 12.7      Sec. 14.  [115B.421] [CLOSED LANDFILL CONTINGENCY ACTION 
 12.8   TRUST FUND.] 
 12.9      (a) The closed landfill contingency action trust fund is 
 12.10  established in the state treasury.  The fund consists of money 
 12.11  credited to the fund, and interest and other earnings on money 
 12.12  in the fund. 
 12.13     (b) The commissioner of finance shall transfer an initial 
 12.14  amount of $....... from the balance in the solid waste fund and 
 12.15  for each following fiscal year, ceasing after 2023, shall 
 12.16  transfer an additional amount of $....... from the balance in 
 12.17  the solid waste fund to the closed landfill contingency action 
 12.18  trust fund.  Money in the account may only be used after the 
 12.19  balance reaches the sum of $....... and then only for 
 12.20  construction work or contingency actions at qualified 
 12.21  facilities.  The fund shall be managed to maximize long-term 
 12.22  gain through the state board of investment while maintaining 
 12.23  sufficient liquidity to meet three years of expenses. 
 12.24     Sec. 15.  Minnesota Statutes 1998, section 115B.43, 
 12.25  subdivision 1, is amended to read: 
 12.26     Subdivision 1.  [GENERALLY.] Environmental response costs 
 12.27  at qualified facilities defined in section 115B.39, subdivision 
 12.28  2, paragraph (l), clause (1), for which a notice of compliance 
 12.29  has been issued under section 115B.40, subdivision 7, are 
 12.30  reimbursable as provided in this section. 
 12.31     Sec. 16.  Minnesota Statutes 1998, section 115B.442, is 
 12.32  amended by adding a subdivision to read: 
 12.33     Subd. 1a.  [DEFINITION OF QUALIFIED FACILITIES.] For the 
 12.34  purposes of sections 115B.441 to 115B.445, "qualified facility" 
 12.35  means only those qualified facilities defined in section 
 12.36  115B.39, subdivision 2, paragraph (l), clause (1). 
 13.1      Sec. 17.  Minnesota Statutes 1998, section 115B.445, is 
 13.2   amended to read: 
 13.3      115B.445 [DEPOSIT OF PROCEEDS.] 
 13.4      All amounts paid to the state by an insurer pursuant to any 
 13.5   settlement under section 115B.443 or 115B.444, or pursuant to 
 13.6   any judgment under section 115B.444, must be deposited in the 
 13.7   state treasury and credited to the solid waste fund.  Any amount 
 13.8   received by the state in settlement of natural resource damages 
 13.9   shall be transferred from the solid waste fund to the 
 13.10  environmental response, compensation, and compliance account in 
 13.11  accordance with section 115B.20, subdivision 1, paragraph (e). 
 13.12     Sec. 18.  [REPEALER.] 
 13.13     Minnesota Statutes 1998, sections 115A.929; 115A.981; 
 13.14  297H.13, subdivision 6; and 473.845, subdivision 2, are repealed.
 13.15     Sec. 19.  [EFFECTIVE DATE.] 
 13.16     This act is effective the day following final enactment.