Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 528-S.F.No. 2396 
           An act relating to the environment; regulating the 
          disposition of property acquired for response action; 
          appropriating money; amending Minnesota Statutes 1988, 
          section 115B.17, by adding a subdivision.  
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:  
    Section 1.  Minnesota Statutes 1988, section 115B.17, is 
amended by adding a subdivision to read:  
    Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
ACTION.] (a) If the commissioner determines that real or 
personal property acquired by the agency for response action is 
no longer needed for response action purposes, the commissioner 
may: 
    (1) transfer the property to the commissioner of 
administration to be disposed of in the manner required for 
other surplus property subject to conditions the commissioner 
determines necessary to protect the public health and welfare or 
the environment, or to comply with federal law; 
    (2) transfer the property to another state agency, a 
political subdivision, or special purpose district as provided 
in paragraph (b); or 
    (3) if required by federal law, take actions and dispose of 
the property as required by federal law.  
    (b) If the commissioner determines that real or personal 
property acquired by the agency for response action must be 
operated, maintained, or monitored after completion of other 
phases of the response action, the commissioner may transfer 
ownership of the property to another state agency, a political 
subdivision, or special purpose district that agrees to accept 
the property.  A state agency, political subdivision, or special 
purpose district is authorized to accept and implement the terms 
and conditions of a transfer under this paragraph.  The 
commissioner may set terms and conditions for the transfer that 
the commissioner considers reasonable and necessary to ensure 
proper operation, maintenance, and monitoring of response 
actions, protect the public health and welfare and the 
environment, and comply with applicable federal and state laws 
and regulations.  The state agency, political subdivision, or 
special purpose district to which the property is transferred is 
not liable under chapter 115B solely as a result of acquiring 
the property or acting in accordance with the terms and 
conditions of the transfer.  
    (c) If the agency acquires property under subdivision 15, 
the commissioner may lease or grant an easement in the property 
to a person during the implementation of response actions if the 
lease or easement is compatible with or necessary for response 
action implementation. 
    (d) The proceeds of a sale, lease, or other transfer of 
property under this subdivision by the commissioner or by the 
commissioner of administration shall be deposited in the 
environmental response, compensation, and compliance account.  
Any share of the proceeds that the agency is required by federal 
law or regulation to reimburse to the federal government is 
appropriated from the account to the agency for that purpose.  
Except for section 94.16, subdivision 2, the provisions of 
section 94.16 do not apply to real property sold by the 
commissioner of administration which was acquired under 
subdivision 15. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 10:00 p.m.