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Key: (1) language to be deleted (2) new language

  

                         Laws of Minnesota 1992 

                        CHAPTER 414-S.F.No. 2001 
           An act relating to the environment; changing and 
          adding provisions relating to the liability of and 
          reimbursement to mortgagees and holders of other 
          security interests for petroleum tank releases; 
          expanding the eligibility of political subdivisions 
          for reimbursement from the petroleum tank release 
          cleanup account; amending Minnesota Statutes 1990, 
          sections 115C.02, subdivision 8; 115C.021, by adding a 
          subdivision; and 115C.09, by adding a subdivision; 
          Minnesota Statutes 1991 Supplement, section 115C.09, 
          subdivision 3b. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1990, section 115C.02, 
subdivision 8, is amended to read: 
    Subd. 8.  [OWNER.] "Owner" means a person who holds title 
to, controls, or possesses an interest in a tank.  "Owner" does 
not include a person who holds an interest in a tank solely for 
financial security, unless through foreclosure or other related 
actions the holder of a security interest has taken possession 
of the tank and fails to take all necessary corrective action as 
a volunteer under section 115C.09.  The state or an agency of 
the state is not an owner solely because it holds title to a 
tank or to real property where the tank is located in trust for 
taxing districts as a result of forfeiture of title for 
nonpayment of taxes. 
    Sec. 2.  Minnesota Statutes 1990, section 115C.021, is 
amended by adding a subdivision to read: 
    Subd. 4.  [MORTGAGEES.] (a) A mortgagee is not responsible 
for a release from a tank solely because the mortgagee becomes 
an owner of real property on which the tank is located through 
foreclosure of the mortgage or by receipt of the deed to the 
mortgaged property in lieu of foreclosure. 
    (b) A mortgagee of real property where a tank is located or 
a holder of a security interest in a tank is not an operator of 
the tank for the purpose of this section solely because the 
mortgagee or holder has a capacity to influence the operation of 
the tank to protect its security interest. 
    Sec. 3.  Minnesota Statutes 1991 Supplement, section 
115C.09, subdivision 3b, is amended to read: 
    Subd. 3b.  [VOLUNTEER ELIGIBILITY.] (a) Notwithstanding 
subdivisions 1 to 3, a person may apply to the board for partial 
reimbursement under subdivision 3 who: 
    (1) is not a responsible person under section 115C.02; 
    (2) holds legal or equitable title to the property where a 
release occurred; and 
    (3) incurs reimbursable costs on or after May 23, 1989. 
    (b) A person eligible for reimbursement under this 
subdivision must, to the maximum extent possible, comply with 
the same conditions and requirements of reimbursement as those 
imposed by this section on a responsible person. 
    (c) The board may reduce the reimbursement to a person 
eligible under this subdivision if the person acquired legal or 
equitable title to the property from a responsible person who 
failed to comply with the provisions of subdivision 3, paragraph 
(f), except that the board may not reduce the reimbursement to a 
mortgagee who acquires title to the property through foreclosure 
or receipt of a deed in lieu of foreclosure. 
    Sec. 4.  Minnesota Statutes 1990, section 115C.09, is 
amended by adding a subdivision to read: 
    Subd. 3d.  [POLITICAL SUBDIVISION ELIGIBILITY.] (a) 
Notwithstanding the provisions of subdivisions 1 to 3, a 
political subdivision may apply to the board for partial 
reimbursement under subdivision 3 where the political 
subdivision: 
    (1) is not a responsible person under section 115C.02; and 
    (2) incurs reimbursable costs on or after the effective 
date of this section. 
    (b) A political subdivision eligible for reimbursement 
under this subdivision may only apply for reimbursement if the 
identified responsible person has failed to take a corrective 
action ordered by the commissioner. 
    (c) A political subdivision eligible for reimbursement 
under this subdivision must, to the maximum extent possible, 
comply with the same conditions and requirements of 
reimbursement as those imposed by this section on a responsible 
person. 
    Sec. 5.  [EFFECTIVE DATE.] 
    This act is effective the day following final enactment. 
    Presented to the governor April 3, 1992 
    Signed by the governor April 7, 1992, 2:57 p.m.