SF 2266

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; clarifying remediation fund 
  1.3             expenditures; amending Minnesota Statutes 2003 
  1.4             Supplement, sections 115B.20, subdivision 2; 473.845, 
  1.5             subdivision 1; Laws 2003, chapter 128, article 1, 
  1.6             section 10. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   115B.20, subdivision 2, is amended to read: 
  1.10     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 
  1.11  appropriated from the remediation fund under section 116.155, 
  1.12  subdivision 2, paragraph (a), clause (1), may be spent only for 
  1.13  the following purposes:  
  1.14     (1) preparation by the agency and the commissioner of 
  1.15  agriculture for taking removal or remedial action under section 
  1.16  115B.17, or under chapter 18D, including investigation, 
  1.17  monitoring and testing activities, enforcement and compliance 
  1.18  efforts relating to the release of hazardous substances, 
  1.19  pollutants or contaminants under section 115B.17 or 115B.18, or 
  1.20  chapter 18D; 
  1.21     (2) removal and remedial actions taken or authorized by the 
  1.22  agency or the commissioner of the Pollution Control Agency under 
  1.23  section 115B.17, or taken or authorized by the commissioner of 
  1.24  agriculture under chapter 18D including related enforcement and 
  1.25  compliance efforts under section 115B.17 or 115B.18, or chapter 
  1.26  18D, and payment of the state share of the cost of remedial 
  2.1   action which may be carried out under a cooperative agreement 
  2.2   with the federal government pursuant to the federal Superfund 
  2.3   Act, under United States Code, title 42, section 9604(c)(3) for 
  2.4   actions related to facilities other than commercial hazardous 
  2.5   waste facilities located under the siting authority of chapter 
  2.6   115A; 
  2.7      (3) reimbursement to any private person for expenditures 
  2.8   made before July 1, 1983, to provide alternative water supplies 
  2.9   deemed necessary by the agency or the commissioner of 
  2.10  agriculture and the Department of Health to protect the public 
  2.11  health from contamination resulting from the release of a 
  2.12  hazardous substance; 
  2.13     (4) assessment and recovery of natural resource damages by 
  2.14  the agency and the commissioners commissioner of natural 
  2.15  resources and for administration, and planning, and 
  2.16  implementation by the commissioner of natural resources of the 
  2.17  rehabilitation, restoration, or acquisition of natural resources 
  2.18  to remedy injuries or losses to natural resources resulting from 
  2.19  the release of a hazardous substance; before implementing a 
  2.20  project to rehabilitate, restore, or acquire natural resources 
  2.21  under this clause, the commissioner of natural resources shall 
  2.22  provide written notice of the proposed project to the chairs of 
  2.23  the senate and house of representatives committees with 
  2.24  jurisdiction over environment and natural resources finance; 
  2.25     (5) acquisition of a property interest under section 
  2.26  115B.17, subdivision 15; 
  2.27     (6) reimbursement, in an amount to be determined by the 
  2.28  agency in each case, to a political subdivision that is not a 
  2.29  responsible person under section 115B.03, for reasonable and 
  2.30  necessary expenditures resulting from an emergency caused by a 
  2.31  release or threatened release of a hazardous substance, 
  2.32  pollutant, or contaminant; and 
  2.33     (7) reimbursement to a political subdivision for 
  2.34  expenditures in excess of the liability limit under section 
  2.35  115B.04, subdivision 4. 
  2.36     Sec. 2.  Minnesota Statutes 2003 Supplement, section 
  3.1   473.845, subdivision 1, is amended to read: 
  3.2      Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
  3.3   contingency action trust account is an expendable trust account 
  3.4   in the remediation fund.  The account consists of revenue 
  3.5   deposited in the fund account under section 473.843, subdivision 
  3.6   2, clause (2); amounts recovered under subdivision 7; and 
  3.7   interest earned on investment of money in the fund account. 
  3.8      Sec. 3.  Laws 2003, chapter 128, article 1, section 10, is 
  3.9   amended to read: 
  3.10     Sec. 10.  [FUND TRANSFER.] 
  3.11     (a) By June 30, 2003, the commissioner of the pollution 
  3.12  control agency shall transfer $11,000,000 from the unreserved 
  3.13  balance of the solid waste fund to the commissioner of finance 
  3.14  for cancellation to the general fund. 
  3.15     (b) The commissioner of the pollution control agency shall 
  3.16  transfer $5,000,000 before July 30, 2003, and $5,000,000 before 
  3.17  July 30, 2004, from the unreserved balance of the environmental 
  3.18  fund to the commissioner of finance for cancellation to the 
  3.19  general fund. 
  3.20     (c) By June 30, 2005, the commissioner of the pollution 
  3.21  control agency shall transfer $1,370,000 from the environmental 
  3.22  fund to the commissioner of finance for cancellation to the 
  3.23  general fund. 
  3.24     (d) By June 30, 2007, the commissioner of the pollution 
  3.25  control agency shall transfer $1,370,000 from the environmental 
  3.26  fund to the commissioner of finance for cancellation to the 
  3.27  general fund. 
  3.28     (e) By June 30, 2004, the commissioner of the pollution 
  3.29  control agency shall transfer $9,905,000 from the metropolitan 
  3.30  landfill contingency action trust fund account to the 
  3.31  commissioner of finance for cancellation to the general fund.  
  3.32  This is a onetime transfer from the metropolitan landfill 
  3.33  contingency action trust fund account to the general fund.  It 
  3.34  is the intent of the legislature to restore these funds to the 
  3.35  metropolitan landfill contingency action trust fund account as 
  3.36  revenues become available in the future to ensure the state 
  4.1   meets future financial obligations under Minnesota Statutes, 
  4.2   section 473.845. 
  4.3      [EFFECTIVE DATE.] This section is effective the day 
  4.4   following final enactment.