Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 287-S.F.No. 1275 
           An act relating to the environment; providing 
          protection from liability for releases of hazardous 
          substances to lenders and owners for redevelopment of 
          property under an approved cleanup plan; providing 
          authority to issue determinations regarding 
          association with a release; appropriating money; 
          amending Minnesota Statutes 1992, section 115B.175, 
          subdivisions 4, 7, and by adding a subdivision; 
          proposing coding for new law in Minnesota Statutes, 
          chapter 115B. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
     Section 1.  Minnesota Statutes 1992, section 115B.175, 
subdivision 4, is amended to read: 
    Subd. 4.  [PERFORMANCE OF RESPONSE ACTIONS DOES NOT 
ASSOCIATE PERSONS WITH RELEASE.] Persons specified in 
subdivision 6 or 6a, paragraph (c), do not associate themselves 
with, or aggravate or contribute to, any release or threatened 
release identified in an approved voluntary response action plan 
for the purpose of section 115B.03, subdivision 3, paragraph 
(d), or subdivision 7, clause (1), of this section as a result 
of performance of the response actions required in accordance 
with the plan and the direction of the commissioner.  This 
subdivision does not apply to a person specified in subdivision 
7.  Nothing in this section relieves a person of any liability 
for failure to exercise due care in performing a response action.
    Sec. 2.  Minnesota Statutes 1992, section 115B.175, is 
amended by adding a subdivision to read: 
    Subd. 6a.  [VOLUNTARY RESPONSE ACTIONS BY RESPONSIBLE 
PERSONS.] (a) Notwithstanding subdivision 1, paragraph (a), when 
a person who is responsible for a release or threatened release 
under sections 115B.01 to 115B.18 undertakes and completes 
response actions, the protection from liability provided by this 
section applies to persons described in paragraph (c) if the 
response actions are undertaken and completed in accordance with 
this subdivision. 
    (b) The response actions must be undertaken and completed 
in accordance with a voluntary response action plan approved as 
provided in subdivision 3.  Notwithstanding subdivision 2, a 
voluntary response action plan submitted by a person who is 
responsible for the release or threatened release must require 
remedy or removal of all releases and threatened releases at the 
identified area of real property.  The identified area of real 
property must correspond to the boundaries of a parcel that is 
either separately platted or is the entire parcel. 
    (c) Subject to the provisions of subdivision 7, when the 
commissioner issues a certificate of completion under 
subdivision 5 for response actions completed at an identified 
area of real property in accordance with this subdivision, the 
liability protection under this section applies to: 
    (1) a person who acquires the identified real property 
after approval of the voluntary response action plan; 
    (2) a person providing financing for response actions or 
development at the identified real property after approval of 
the response action plan, whether the financing is provided to 
the person undertaking the response actions or other person who 
acquires or develops the property; and 
    (3) a successor or assign of a person to whom the liability 
protection applies under this paragraph. 
    Sec. 3.  Minnesota Statutes 1992, section 115B.175, 
subdivision 7, is amended to read: 
    Subd. 7.  [PERSONS NOT PROTECTED FROM LIABILITY.] The 
protection from liability provided by this section does not 
apply to: 
    (1) a person who aggravates or contributes to a release or 
threatened release that was not remedied under an approved 
voluntary response action plan; 
    (2) a person who was responsible under sections 115B.01 to 
115B.18 for a release or threatened release identified in the 
approved voluntary response action plan before taking an action 
that would have made the person subject to the protection under 
subdivision 6 or 6a; or 
    (3) a person who obtains approval of a voluntary response 
action plan for purposes of this section by fraud or 
misrepresentation, or by knowingly failing to disclose material 
information, or who knows that approval was so obtained before 
taking an action that would have made the person subject to the 
protection under subdivision 6 or 6a. 
     Sec. 4.  [115B.178] [ASSOCIATION WITH RELEASE; 
COMMISSIONER'S DETERMINATION.] 
    Subdivision 1.  [DETERMINATION.] The commissioner may issue 
determinations that certain actions proposed to be taken at real 
property subject to a release or threatened release of a 
hazardous substance or pollutant or contaminant will not 
constitute conduct associating the person with the release or 
threatened release for the purpose of section 115B.03, 
subdivision 3, clause (d).  Proposed actions that may be covered 
by a determination under this section include response actions 
approved by the commissioner to address the release or 
threatened release, actions to improve or develop the real 
property, or other similar actions.  A determination may be 
subject to terms and conditions deemed reasonable by the 
commissioner.  When a person takes actions in accordance with a 
determination issued under this subdivision, the actions do not 
associate the person with the release for the purpose of section 
115B.03, subdivision 3, clause (d). 
    Subd. 2.  [SCOPE AND EFFECT OF DETERMINATION.] Section 
115B.177, subdivision 2, applies to a determination by the 
commissioner under this section. 
    Sec. 5.  [115B.179] [COMMISSIONER'S AUTHORITY NOT LIMITED.] 
    The commissioner's authority to make a determination or 
enter into an agreement under section 115B.177 and to make a 
determination under section 115B.178 does not limit or preclude 
any other authority of the commissioner under any law. 
     Sec. 6.  [POLLUTION CONTROL AGENCY; APPROPRIATION; 
COMPLEMENT.] 
    $361,000 in fiscal year 1994 and $327,000 in fiscal year 
1995 is appropriated to the pollution control agency from the 
environmental response, compensation, and compliance account for 
the purposes of sections 1 to 5.  Any amount not spent in the 
first year does not cancel but is available in the second year. 
    The complement of the pollution control agency is increased 
by five positions for the purposes of sections 1 to 5. 
    Presented to the governor May 15, 1993 
    Signed by the governor May 19, 1993, 10:38 a.m.