SF 638

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; petroleum release 
  1.3             compensation fund; creating a petroleum tank upgrade 
  1.4             assistance program; amending Minnesota Statutes 1996, 
  1.5             section 115C.09, subdivision 1. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1996, section 115C.09, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [REIMBURSABLE COSTS.] (a) The board shall 
  1.10  provide reimbursement to eligible applicants for reimbursable 
  1.11  costs.  
  1.12     (b) The following costs are reimbursable for purposes of 
  1.13  this chapter:  
  1.14     (1) corrective action costs incurred by the applicant and 
  1.15  documented in a form prescribed by the board, except the costs 
  1.16  related to the physical removal of a tank; 
  1.17     (2) costs that the responsible person is legally obligated 
  1.18  to pay as damages to third parties for bodily injury, property 
  1.19  damage, or corrective action costs incurred by a third party 
  1.20  caused by a release where the responsible person's liability for 
  1.21  the costs has been established by a court order or 
  1.22  court-approved settlement; 
  1.23     (3) up to 180 days worth of interest costs associated with 
  1.24  the financing of corrective action and incurred by the applicant 
  1.25  in a written financing contract signed by the applicant and 
  2.1   executed after May 25, 1991.  Interest costs are not eligible 
  2.2   for reimbursement to the extent they exceed two percentage 
  2.3   points above the adjusted prime rate charged by banks, as 
  2.4   defined in section 270.75, subdivision 5, at the time the 
  2.5   financing contract was executed; and 
  2.6      (4) preremoval site assessment costs incurred by the 
  2.7   applicant and eligible for reimbursement under section 115C.092; 
  2.8      (5) petroleum tank upgrade assistance under section 2, 
  2.9   including tank removal costs; and 
  2.10     (6) tank removal costs for a responsible person who is 
  2.11  eligible for reimbursement under subdivision 3, paragraph (a), 
  2.12  clause (3), item (i). 
  2.13     (c) A cost for liability to a third party is incurred by 
  2.14  the responsible person when an order or court-approved 
  2.15  settlement is entered that sets forth the specific costs 
  2.16  attributed to the liability.  Except as provided in this 
  2.17  paragraph, reimbursement may not be made for costs of liability 
  2.18  to third parties until all eligible corrective action costs have 
  2.19  been reimbursed.  If a corrective action is expected to continue 
  2.20  in operation for more than one year after it has been fully 
  2.21  constructed or installed, the board may estimate the future 
  2.22  expense of completing the corrective action and, after 
  2.23  subtracting this estimate from the total reimbursement available 
  2.24  under subdivision 3, reimburse the costs for liability to third 
  2.25  parties.  The total reimbursement may not exceed the limit set 
  2.26  forth in subdivision 3. 
  2.27     Sec. 2.  [PETROLEUM TANK UPGRADE ASSISTANCE PROGRAM.] 
  2.28     Subdivision 1.  [ESTABLISHMENT; ELIGIBILITY.] The board 
  2.29  shall establish a petroleum tank upgrade program to assist 
  2.30  eligible tank owners in upgrading their existing petroleum tanks 
  2.31  to meet requirements under Code of Federal Regulations, title 
  2.32  40, section 280.21.  A person is eligible for the petroleum tank 
  2.33  upgrade program if the person did not: 
  2.34     (1) own more than one location where motor fuel was 
  2.35  dispensed into motor vehicles on January 1, 1997; and 
  2.36     (2) dispense more than 100,000 gallons of motor fuel into 
  3.1   motor vehicles at the location in any of the three calendar 
  3.2   years preceding January 1, 1997. 
  3.3      Subd. 2.  [INDIVIDUAL ASSISTANCE LIMIT.] Assistance to an 
  3.4   eligible person under this section may not exceed 50 percent of 
  3.5   the cost of replacing one petroleum tank at the site or $7,500, 
  3.6   whichever is less. 
  3.7      Sec. 3.  [REPEALER.] 
  3.8      Section 2 is repealed on July 1, 1999. 
  3.9      Sec. 4.  [EFFECTIVE DATE.] 
  3.10     Sections 1 to 3 are effective July 1, 1997.