SF 3882

as introduced - 90th Legislature (2017 - 2018) Posted on 03/29/2018 04:07pm

A bill for an act
relating to environment; modifying lien provisions for environmental response
costs; amending Minnesota Statutes 2017 Supplement, section 115B.406,
subdivision 9.

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

Section 1.

Minnesota Statutes 2017 Supplement, section 115B.406, subdivision 9, is
amended to read:

Subd. 9.

Environmental response costs; liens.

new text begin (a) new text end All environmental response costs,
including administrative and legal expenses, incurred by the commissioner at a priority
qualified facility constitute a lien in favor of the state upon any real property located in the
state, other than homestead property, owned by the owner or operator of the priority qualified
facility who is subject to the requirements of section 115B.40, subdivision 4 or 5.
new text begin Notwithstanding section 514.672, a lien under this paragraph continues until the earlier of
satisfaction of the lien or six years after completion of construction of the final environmental
response action, not including operation and maintenance.
new text end

new text begin (b) If the commissioner conducts an environmental response action at a priority qualified
facility and the environmental response action increases the fair market value of the facility
above the fair market value of the facility that existed before the response action was initiated,
then the state has a lien on the facility for the increase in the fair market value of the property
attributable to the response action, valued at the time construction of the final environmental
response action is completed, not including operation and maintenance, or, if earlier, at the
time of a sale or other disposition of the property, including enforcement of the lien.
Notwithstanding section 514.672, a lien under this paragraph continues until the earlier of
satisfaction of the lien by sale or other means or recovery of all response costs incurred at
the facility. A lien under this paragraph may not be extinguished, limited, or impaired by
application of section 500.20 or 541.023.
new text end

new text begin (c) new text end A lien under this subdivision attaches when the environmental response costs are
first incurred. Notwithstanding section 514.672, a lien under this subdivision continues until
the lien is satisfied or six years after completion of construction of the final environmental
response action, not including operation and maintenance. Notice, filing, deleted text begin and deleted text end release new text begin , and
enforcement new text end of the lien are governed by sections 514.671 to 514.676, except where those
requirements specifically are related to only cleanup action expenses as defined in section
514.671. new text begin A lien under this subdivision is not subject to the foreclosure limitation described
in section 514.674, subdivision 2. new text end Relative priority of a lien under this subdivision is governed
by section 514.672, except that a lien attached to property that was included in any permit
for the priority qualified facility takes precedence over all other liens regardless of when
the other liens were or are perfected. Amounts received to satisfy all or a part of a lien must
be deposited in the remediation fund.