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SF 3317

2nd Engrossment - 89th Legislature (2015 - 2016) Posted on 05/21/2016 11:56am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 2nd Engrossment

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A bill for an act
relating to environment; modifying dry cleaner response and reimbursement
account provisions; modifying prior appropriation; requiring rulemaking;
amending Minnesota Statutes 2014, sections 115B.48, by adding a subdivision;
115B.50, subdivision 3, by adding a subdivision; Laws 2015, First Special
Session chapter 4, article 3, section 2, subdivision 4; repealing Minnesota
Statutes 2015 Supplement, section 115B.48, subdivision 9.

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

Section 1.

Minnesota Statutes 2014, section 115B.48, is amended by adding a
subdivision to read:


new text begin Subd. 10. new text end

new text begin Owner or operator. new text end

new text begin "Owner or operator" means a person who:
new text end

new text begin (1) owns or has owned a dry cleaning facility during the time the dry cleaning
facility operated; or
new text end

new text begin (2) operates or has operated a dry cleaning facility.
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 2014, section 115B.50, subdivision 3, is amended to read:


Subd. 3.

Limitation on amount that may be spent.

The commissioner may not, in
a single fiscal year, make expenditures from the account related to a single dry cleaning
facility that exceed deleted text begin20 percent of the balance in the account at the beginning of the fiscal
year
deleted text endnew text begin $100,000new 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 2014, section 115B.50, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Reimbursement adjustment rulemaking. new text end

new text begin The commissioner may use
the expedited rulemaking process under section 14.389 to adjust reimbursement dollar
amounts contained in the rules established under subdivision 2.
new text end

Sec. 4.

Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 4,
is amended to read:


Subd. 4.

Land

21,663,000
18,584,000
Appropriations by Fund
2016
2017
General
3,368,000
-0-
Environmental
7,031,000
7,150,000
Remediation
11,264,000
11,434,000

All money for environmental response,
compensation, and compliance in the
remediation fund not otherwise appropriated
is appropriated to the commissioners of the
Pollution Control Agency and agriculture
for purposes of Minnesota Statutes, section
115B.20, subdivision 2, clauses (1), (2),
(3), (6), and (7). At the beginning of each
fiscal year, the two commissioners shall
jointly submit an annual spending plan
to the commissioner of management and
budget that maximizes the utilization of
resources and appropriately allocates the
money between the two departments. This
appropriation is available until June 30, 2017.

$4,279,000 the first year and $4,343,000 the
second year are from the remediation fund
for purposes of the leaking underground
storage tank program to investigate, clean up,
and prevent future releases from underground
petroleum storage tanks, and to the petroleum
remediation program for purposes of vapor
assessment and remediation. These same
annual amounts are transferred from the
petroleum tank fund to the remediation fund.

$252,000 the first year and $252,000 the
second year are from the remediation fund
for transfer to the commissioner of health for
private water supply monitoring and health
assessment costs in areas contaminated
by unpermitted mixed municipal solid
waste disposal facilities and drinking water
advisories and public information activities
for areas contaminated by hazardous releases.

$868,000 the first year is from the general
fund for a grant to the city of Mountain Iron
for remediation of the abandoned wastewater
treatment pond of the former Nichols
Township. This is a onetime appropriation
that is available until June 30, 2019. This
appropriation is effective December 1, 2015.

Up to $2,500,000 the first year is from the
general fund to the commissioner for a grant
to the city of Paynesville to add a treatment
process to a water treatment plant for removal
of volatile organic compounds. This is a
onetime appropriation. This appropriation is
effective December 1, 2015.

$743,000 the second year is transferred
from the general fund to the dry cleaner
environmental response and reimbursement
account in the remediation fund for the
purpose of remediating land contaminated
by a release from a dry cleaning facility,
as provided under Minnesota Statutes,
section 115B.50deleted text begin, if legislation is enacted in
the 2016 legislative session to address the
insolvency of the dry cleaner environmental
response and reimbursement account. The
commissioner shall prioritize expenditures
from this transfer to address contaminated
sites that pose the greatest risk to public
health or welfare or to the environment, as
established in Minnesota Statutes, section
115B.17, subdivision 13
deleted text end. This is a onetime
transfer. The commissioner shall reimburse
only a person who otherwise would not be
responsible for a release or threatened release
under Minnesota Statutes, section 115B.03,
for all but $10,000 of the environmental
response costs incurred by the person if the
commissioner determines that the costs are
reasonable and were actually incurred. To be
eligible for reimbursement from this transfer,
a person seeking reimbursement must make
a request to the commissioner, as required
under Minnesota Statutes, section 115B.50,
subdivision 2
, on or before the day following
final enactment of this act.

new text begin EFFECTIVE DATE. new text end

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

Sec. 5. new text beginRULEMAKING; DRY CLEANER RESPONSE AND REIMBURSEMENT
ACCOUNT.
new text end

new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules using
the expedited rulemaking process under Minnesota Statutes, section 14.389, including
subdivision 5, to establish, with respect to Minnesota Statutes, section 115B.50,
subdivision 2:
new text end

new text begin (1) what environmental response costs are to be considered reasonable costs and
what costs are to be considered ineligible for reimbursement;
new text end

new text begin (2) appropriate application requirements for reimbursement; and
new text end

new text begin (3) a process to adjust payment reimbursement rates made for response actions.
new text end

new text begin (b) Rules adopted under this section:
new text end

new text begin (1) must be consistent with Minnesota Statutes, sections 115B.47 to 115B.51;
new text end

new text begin (2) must be structured like rules governing applicable provisions of the petroleum
tank response cleanup fund under Minnesota Rules, chapter 2890, as necessary to
implement paragraph (a), clauses (1) to (3); and
new text end

new text begin (3) must not reduce reimbursements as contained in Minnesota Rules, part
2890.0065, subpart 1, item C.
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. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2015 Supplement, section 115B.48, subdivision 9, new text end new text begin is repealed.
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