Minnesota Session Laws - 1993, Regular Session

  
    Laws of Minnesota 1993 

                        CHAPTER 341-H.F.No. 514 
           An act relating to the environment; providing for 
          passive bioremediation; providing for review of agency 
          employee decisions; increasing membership of petroleum 
          tank release compensation board; establishing a fee 
          schedule of costs or criteria for evaluating 
          reasonableness of costs submitted for reimbursement; 
          modifying petroleum tank release cleanup fee; 
          modifying reimbursements; modifying consultant and 
          contractor registration requirements; authorizing 
          board to delegate its reimbursement powers and duties 
          to the commissioner of commerce; requiring a report; 
          authorizing rulemaking; notice of drain tile 
          installation; petroleum tank release compensation 
          board membership; liability of responder to oil 
          discharges; oil spill response plans; assessment of 
          damages; appropriating money; amending Minnesota 
          Statutes 1992, sections 115.061; 115C.02, subdivisions 
          10 and 14; 115C.03, by adding subdivisions; 115C.07; 
          115C.08, subdivisions 1, 2, 3, and 4; 115C.09, 
          subdivisions 1, 3, 3a, 3c, and by adding subdivisions; 
          115C.11, subdivision 1; 115E.03, subdivision 2; 
          115E.04, subdivision 4; 116I.07, subdivision 2; 
          216D.01, subdivision 5; 216D.04, subdivision 1; 
          299A.50, by adding a subdivision; and 299J.06, 
          subdivision 4; proposing coding for new law in 
          Minnesota Statutes, chapters 115C; and 115E; repealing 
          Minnesota Statutes 1992, sections 115C.01; 115C.02; 
          115C.021; 115C.03; 115C.04; 115C.045; 115C.05; 
          115C.06; 115C.065; 115C.07; 115C.08; 115C.09; 115C.10; 
          115C.11; and 115C.12. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                ARTICLE 1
    Section 1.  Minnesota Statutes 1992, section 115.061, is 
amended to read: 
    115.061 [DUTY TO NOTIFY AND AVOID WATER POLLUTION.] 
    (a) Except as provided in paragraph (b), it is the duty of 
every person to notify the agency immediately of the discharge, 
accidental or otherwise, of any substance or material under its 
control which, if not recovered, may cause pollution of waters 
of the state, and the responsible person shall recover as 
rapidly and as thoroughly as possible such substance or material 
and take immediately such other action as may be reasonably 
possible to minimize or abate pollution of waters of the state 
caused thereby.  
    (b) Notification is not required under paragraph (a) for a 
discharge of five gallons or less of petroleum, as defined in 
section 115C.02, subdivision 10.  This paragraph does not affect 
the other requirements of paragraph (a). 
     Sec. 2.  Minnesota Statutes 1992, section 115C.02, 
subdivision 10, is amended to read: 
    Subd. 10.  [PETROLEUM.] "Petroleum" means:  
    (1) gasoline and fuel oil as defined in section 296.01, 
subdivisions 18 and 21; 
    (2) crude oil or a fraction of crude oil that is liquid at 
a temperature of 60 degrees Fahrenheit and pressure of 14.7 
pounds per square inch absolute; or 
    (3) constituents of gasoline and fuel oil under clause (1) 
and crude oil under clause (2). liquid petroleum products as 
defined in section 296.01; 
     (2) new and used lubricating oils; and 
     (3) new and used hydraulic oils used in lifts to raise 
motor vehicles or farm equipment and for servicing or repairing 
motor vehicles or farm equipment.  
     Sec. 3.  Minnesota Statutes 1992, section 115C.02, 
subdivision 14, is amended to read: 
    Subd. 14.  [TANK.] "Tank" means any one or a combination of 
containers, vessels, and enclosures, including structures and 
appurtenances connected to them, that is, or has been, used to 
contain or dispense petroleum.  
    "Tank" does not include: 
    (1) a mobile storage tank with a capacity of 500 gallons or 
less used to transport petroleum from one location to another 
only on the person's private property and which is used only for 
home heating fuel; or 
    (2) pipeline facilities, including gathering lines, 
regulated under the Natural Gas Pipeline Safety Act of 1968, 
United States Code, title 49, chapter 24, or the Hazardous 
Liquid Pipeline Safety Act of 1979, United States Code, title 
49, chapter 29. 
     Sec. 4.  Minnesota Statutes 1992, section 115C.03, is 
amended by adding a subdivision to read: 
    Subd. 1a.  [PASSIVE BIOREMEDIATION.] Passive bioremediation 
must be used for petroleum tank cleanups whenever an assessment 
of the site determines that there is a low potential risk to 
public health and the environment. 
    Sec. 5.  Minnesota Statutes 1992, section 115C.03, is 
amended by adding a subdivision to read: 
    Subd. 7a.  [REVIEW OF AGENCY EMPLOYEE DECISIONS.] A person 
aggrieved by a decision made by an employee of the agency 
relating to the need for or implementation of a corrective 
action may seek review of the decision by the commissioner.  An 
application for review must state with specificity the decision 
for which review is sought, the name of the leak site, the leak 
number, the date the decision was made, the agency employee who 
made the decision, the ramifications of the decision, and any 
additional pertinent information.  The commissioner shall review 
the application and schedule a time, date, and place for the 
aggrieved person to explain the grievance and for the agency 
employee to explain the decision under review.  The commissioner 
shall issue a decision either sustaining or reversing the 
decision of the employee.  The aggrieved person may appeal the 
commissioner's decision to the pollution control agency board in 
accordance with Minnesota Rules, part 7000.0500, subpart 6. 
    Sec. 6.  Minnesota Statutes 1992, section 115C.07, is 
amended to read: 
    115C.07 [PETROLEUM TANK RELEASE COMPENSATION BOARD.] 
    Subdivision 1.  [ESTABLISHMENT.] The petroleum tank release 
compensation board consists of the commissioner of the pollution 
control agency, the commissioner of commerce, two 
representatives one representative from the petroleum industry, 
one public member, and one representative from the insurance 
industry person with experience in claims adjustment.  The 
governor shall appoint the members from the insurance and 
petroleum industry of the board.  The filling of 
positions reserved for industry representatives, vacancies, 
membership terms, payment of compensation and expenses, and 
removal of members are governed by section 15.0575.  The 
governor shall designate the chair of the board. 
    Subd. 2.  [STAFF.] The commissioner of commerce shall 
provide staff to support the activities of the board at the 
board's request. 
    Subd. 3.  [RULES.] (a) The board shall adopt rules 
regarding its practices and procedures, the form and procedure 
for applications for compensation from the fund, procedures for 
investigation of claims and specifying the costs that are 
eligible for reimbursement from the fund.  
    (b) The board may adopt emergency rules under this 
subdivision for one year after June 4 1, 1987 1993.  
    (c) The board shall adopt emergency rules within four 
months of May 25, 1991, and permanent rules within one year of 
May 25, 1991, designed to ensure that costs submitted to the 
board for reimbursement are reasonable.  The rules shall include 
a requirement that persons taking corrective action solicit 
competitive bids, based on unit service costs, except in 
circumstances where the board determines that such solicitation 
is not feasible.  The board shall adopt emergency rules on 
competitive bidding that specify a bid format and an invoice 
format that are consistent with each other and with an 
application for reimbursement. 
     (d) The board shall adopt emergency rules under sections 
14.29 and 14.385 to establish costs that are not eligible for 
reimbursement. 
    (e) By January 1, 1994, the board shall publish proposed 
rules establishing a fee schedule of costs or criteria for 
evaluating the reasonableness of costs submitted for 
reimbursement.  The board shall adopt the rules by June 1, 1994. 
    (d) (f) The board may adopt rules requiring certification 
of environmental consultants. 
     (g) The board may adopt other rules necessary to implement 
this chapter. 
    Sec. 7.  Minnesota Statutes 1992, section 115C.08, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REVENUE SOURCES.] Revenue from the 
following sources must be deposited in the state treasury and 
credited to a petroleum tank release cleanup account in the 
environmental fund in the state treasury: 
    (1) the proceeds of the fee imposed by subdivision 3; 
    (2) money recovered by the state under sections 115C.04, 
115C.05, and 116.491, including administrative expenses, civil 
penalties, and money paid under an agreement, stipulation, or 
settlement; 
    (3) interest attributable to investment of money in the 
account; 
    (4) money received by the board and agency in the form of 
gifts, grants other than federal grants, reimbursements, or 
appropriations from any source intended to be used for the 
purposes of the account; and 
    (5) fees charged for the operation of the tank installer 
certification program established under section 116.491; and 
     (6) money obtained from the return of reimbursements, civil 
penalties, or other board action under this chapter. 
    Sec. 8.  Minnesota Statutes 1992, section 115C.08, 
subdivision 2, is amended to read: 
    Subd. 2.  [IMPOSITION OF FEE.] The board shall notify the 
commissioner of revenue if the unencumbered balance of the 
account falls below $2,000,000 $4,000,000, and within 60 days 
after receiving notice from the board, the commissioner of 
revenue shall impose the fee established in subdivision 3 on the 
use of a tank for four calendar months, with payment to be 
submitted with each monthly distributor tax return. 
    Sec. 9.  Minnesota Statutes 1992, section 115C.08, 
subdivision 3, is amended to read: 
    Subd. 3.  [PETROLEUM TANK RELEASE CLEANUP FEE.] A petroleum 
tank release cleanup fee is imposed on the use of tanks that 
contain petroleum products defined in section 296.01.  On 
products other than gasoline, the fee must be paid in the manner 
provided in section 296.14 by the first licensed distributor 
receiving the product in Minnesota, as defined in section 
296.01.  When the product is gasoline, the distributor 
responsible for payment of the gasoline tax is also responsible 
for payment of the petroleum tank cleanup fee.  The fee must be 
imposed as required under subdivision 3, at a rate of $10 $20 
per 1,000 gallons of petroleum products, rounded to the nearest 
1,000 gallons.  A distributor who fails to pay the fee imposed 
under this section is subject to the penalties provided in 
section 296.15. 
    Sec. 10.  Minnesota Statutes 1992, section 115C.08, 
subdivision 4, is amended to read: 
    Subd. 4.  [EXPENDITURES.] (a) Money in the account may only 
be spent:  
    (1) to administer the petroleum tank release cleanup 
program established in sections 115C.03 to 115C.10 this chapter; 
    (2) for agency administrative costs under sections 116.46 
to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
action taken by the agency under section 115C.03, including 
investigations; 
    (3) for costs of recovering expenses of corrective actions 
under section 115C.04; 
    (4) for training, certification, and rulemaking under 
sections 116.46 to 116.50; 
    (5) for agency administrative costs of enforcing rules 
governing the construction, installation, operation, and closure 
of aboveground and underground petroleum storage tanks; and 
    (6) for reimbursement of the harmful substance compensation 
account under sections 115B.26, subdivision 4; and 115C.08, 
subdivision 5; and 
    (7) for administrative and staff costs as set by the board 
to administer the petroleum tank release program established in 
this chapter. 
    (b) Money in the account is appropriated to the board to 
make reimbursements or payments under this section. 
    Sec. 11.  Minnesota Statutes 1992, section 115C.09, 
subdivision 1, is amended to read: 
    Subdivision 1.  [REIMBURSABLE COSTS.] (a) The board shall 
provide partial reimbursement to eligible responsible persons 
for reimbursable costs incurred after June 4, 1987.  
    (b) The following costs are reimbursable for purposes of 
this section:  
    (1) corrective action costs incurred by the responsible 
person and documented in a form prescribed by the board, except 
the costs related to the physical removal of a tank; 
    (2) costs that the responsible person is legally obligated 
to pay as damages to third parties for bodily injury or property 
damage caused by a release if the responsible person's liability 
for the costs has been established by a court order or a consent 
decree; and 
    (3) up to 180 days worth of interest costs, incurred after 
May 25, 1991, associated with the financing of corrective 
action.  Interest costs are not eligible for reimbursement to 
the extent they exceed two percentage points above the adjusted 
prime rate charged by banks, as defined in section 270.75, 
subdivision 5, at the time the financing contract was executed. 
    (c) A cost for liability to a third party is incurred by 
the responsible person when an order or consent decree 
establishing the liability is entered.  Except as provided in 
this paragraph, reimbursement may not be made for costs of 
liability to third parties until all eligible corrective action 
costs have been reimbursed.  If a corrective action is expected 
to continue in operation for more than one year after it has 
been fully constructed or installed, the board may estimate the 
future expense of completing the corrective action and, after 
subtracting this estimate from the total reimbursement available 
under subdivision 3, reimburse the costs for liability to third 
parties.  The total reimbursement may not exceed the limit set 
forth in subdivision 3. 
    Sec. 12.  Minnesota Statutes 1992, section 115C.09, 
subdivision 3, is amended to read: 
    Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
The board shall reimburse a responsible person who is eligible 
under subdivision 2 from the account for 90 percent of the 
portion of the total reimbursable costs or $1,000,000, whichever 
is less 90 percent of the total reimbursable costs on the first 
$250,000 and 75 percent on any remaining costs in excess of 
$250,000 on a site. 
    Not more than $1,000,000 may be reimbursed for costs 
associated with a single release, regardless of the number of 
persons eligible for reimbursement, and not more than $2,000,000 
may be reimbursed for costs associated with a single tank 
facility. 
    (b) A reimbursement may not be made from the account under 
this subdivision until the board has determined that the costs 
for which reimbursement is requested were actually incurred and 
were reasonable. 
    (c) A reimbursement may not be made from the account under 
this subdivision in response to either an initial or 
supplemental application for costs incurred after June 4, 1987, 
that are payable under an applicable insurance policy, except 
that if the board finds that the responsible person has made 
reasonable efforts to collect from an insurer and failed, the 
board shall reimburse the responsible person under this 
subdivision. 
    (d) If the board reimburses a responsible person for costs 
for which the responsible person has petroleum tank leakage or 
spill insurance coverage, the board is subrogated to the rights 
of the responsible person with respect to that insurance 
coverage, to the extent of the reimbursement by the board.  The 
board may request the attorney general to bring an action in 
district court against the insurer to enforce the board's 
subrogation rights.  Acceptance by a responsible person of 
reimbursement constitutes an assignment by the responsible 
person to the board of any rights of the responsible person with 
respect to any insurance coverage applicable to the costs that 
are reimbursed.  Notwithstanding this paragraph, the board may 
instead request a return of the reimbursement under subdivision 
5 and may employ against the responsible party the remedies 
provided in that subdivision, except where the board has 
knowingly provided reimbursement because the responsible person 
was denied coverage by the insurer. 
    (e) Money in the account is appropriated to the board to 
make reimbursements under this section.  A reimbursement to a 
state agency must be credited to the appropriation account or 
accounts from which the reimbursed costs were paid. 
    (f) The board shall reduce the amount of reimbursement to 
be made under this section if it finds that the responsible 
person has not complied with a provision of this chapter, a rule 
or order issued under this chapter, or one or more of the 
following requirements: 
    (1) at the time of the release the tank was in substantial 
compliance with state and federal rules and regulations 
applicable to the tank, including rules or regulations relating 
to financial responsibility; 
    (2) the agency was given notice of the release as required 
by section 115.061; 
    (3) the responsible person, to the extent possible, fully 
cooperated with the agency in responding to the release; and 
    (4) if the responsible person is an operator, the person 
exercised due care with regard to operation of the tank, 
including maintaining inventory control procedures. 
    (g) The reimbursement shall be reduced as much as 100 
percent for failure by the responsible person to comply with the 
requirements in paragraph (f), clauses (1) to (4).  In 
determining the amount of the reimbursement reduction, the board 
shall consider:  
    (1) the likely environmental impact of the noncompliance; 
    (2) whether the noncompliance was negligent, knowing, or 
willful; 
    (3) the deterrent effect of the award reduction on other 
tank owners and operators; and 
    (4) the amount of reimbursement reduction recommended by 
the commissioner. 
    (h) A responsible person may assign the right to receive 
reimbursement to each lender, who advanced funds to pay the 
costs of the corrective action, or to each contractor, or 
consultant who provided corrective action services.  An 
assignment must be made by filing with the board a document, in 
a form prescribed by the board, indicating the identity of the 
responsible person, the identity of the assignee, the dollar 
amount of the assignment, and the location of the corrective 
action.  An assignment signed by the responsible person is valid 
unless terminated by filing a termination with the board, in a 
form prescribed by the board, which must include the written 
concurrence of the assignee.  The board shall maintain an index 
of assignments filed under this paragraph.  The board shall pay 
the reimbursement to the responsible person and to one or more 
assignees by a multiparty check.  The board has no liability to 
a responsible person for a payment under an assignment meeting 
the requirements of this paragraph. 
    Sec. 13.  Minnesota Statutes 1992, section 115C.09, 
subdivision 3a, is amended to read: 
    Subd. 3a.  [ELIGIBILITY OF OTHER PERSONS.] Notwithstanding 
the provisions of subdivisions 1 to 3, the board shall provide 
full reimbursement to a person who has taken corrective action 
if the board or commissioner of commerce determines that: 
    (1) the person took the corrective action in response to a 
request or order of the commissioner made under this chapter; 
    (2) the commissioner has determined that the person was not 
a responsible person under section 115C.02; and 
    (3) the costs for which reimbursement is requested were 
actually incurred and were reasonable. 
    Sec. 14.  Minnesota Statutes 1992, section 115C.09, 
subdivision 3c, is amended to read: 
    Subd. 3c.  [RELEASE AT REFINERIES AND TANK FACILITIES NOT 
ELIGIBLE FOR REIMBURSEMENT.] Notwithstanding other provisions of 
subdivisions 1 to 3b, a reimbursement may not be made under this 
section for costs associated with a release:  
    (1) from a tank located at a petroleum refinery; or 
    (2) from a tank facility, including a pipeline terminal, 
with more than 1,000,000 gallons of total petroleum storage 
capacity at the tank facility.  
     Clause (2) does not apply to reimbursement for costs 
associated with a release from a tank facility owned or operated 
by a person engaged in the business of mining iron ore or 
taconite. 
     Sec. 15.  Minnesota Statutes 1992, section 115C.09, is 
amended by adding a subdivision to read: 
    Subd. 9.  [INSUFFICIENT FUNDS.] The board may not approve 
an application for reimbursement if there are insufficient funds 
available to pay the reimbursement. 
    Sec. 16.  Minnesota Statutes 1992, section 115C.09, is 
amended by adding a subdivision to read: 
    Subd. 10.  [DELEGATION OF BOARD'S POWERS.] The board may 
delegate to the commissioner of commerce its powers and duties 
under this section. 
    Sec. 17.  Minnesota Statutes 1992, section 115C.11, 
subdivision 1, is amended to read: 
     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
contractors must register with the board in order to participate 
in the petroleum tank release cleanup program. 
     (b) The board must maintain a list of all registered 
consultants and a list of all registered contractors including 
an identification of the services offered. 
     (c) An applicant who applies for reimbursement must use a 
registered consultant and contractor in order to be eligible for 
reimbursement. 
     (d) The commissioner must inform any person who notifies 
the agency of a release under section 115.061 that the person 
must use a registered consultant or contractor to qualify for 
reimbursement and that a list of registered consultants and 
contractors is available from the board. 
     (e) Work performed by an unregistered consultant or 
contractor is ineligible for reimbursement.  
     (f) Work performed by a consultant or contractor prior to 
being removed from the registration list may be reimbursed by 
the board. 
    (g) If the information in an application for registration 
becomes inaccurate or incomplete in any material respect, the 
registered consultant or contractor must promptly file a 
corrected application with the board. 
    (h) Registration is effective on the date a complete 
application is received by the board.  The board may reimburse 
the cost of work performed by an unregistered contractor if the 
contractor performed the work within 30 days of the effective 
date of registration. 
    Sec. 18.  [115C.12] [APPEAL OF REIMBURSEMENT 
DETERMINATION.] 
    (a) A person may appeal to the board within 90 days after 
notice of a reimbursement determination made under section 
115C.09 by submitting a written notice setting forth the 
specific basis for the appeal. 
    (b) The board shall consider the appeal within 90 days of 
the notice of appeal.  The board shall notify the appealing 
party of the date of the meeting at which the appeal will be 
heard at least 30 days before the date of the meeting. 
    (c) The board's decision must be based on the written 
record and written arguments and submissions unless the board 
determines that oral argument is necessary to aid the board in 
its decision making.  Any written submissions must be delivered 
to the board at least 15 days before the meeting at which the 
appeal will be heard.  Any request for the presentation of oral 
argument must be in writing and submitted along with the notice 
of appeal. 
    Sec. 19.  Minnesota Statutes 1992, section 116I.07, 
subdivision 2, is amended to read: 
    Subd. 2.  [NOTICE REQUIREMENT.] An owner or lessee of any 
real property, or A person acting with the authority of an owner 
or lessee, who installs or repairs agricultural drainage tile on 
that property shall be relieved of liability as provided in 
subdivision 1 only if that owner, lessee or other person acting 
with authority notifies the designated agent of the owner or 
operator of the pipeline of the intention to install or repair 
drainage tile on the property at least seven days before that 
work commences.  An owner or operator of a pipeline shall 
provide to the county auditor of each county in which that 
pipeline is located the name, address and phone number of the 
individual to whom notice shall be given as provided in this 
subdivision.  Notice is effective if made in writing by 
certified mail to this designated agent of the owner or operator 
of the pipeline person gives oral or written notice to the One 
Call Excavation Notice System in compliance with section 216D.04.
    Sec. 20.  Minnesota Statutes 1992, section 216D.01, 
subdivision 5, is amended to read: 
    Subd. 5.  [EXCAVATION.] "Excavation" means an activity that 
moves, removes, or otherwise disturbs the soil by use of a 
motor, engine, hydraulic or pneumatically powered tool, or 
machine-powered equipment of any kind, or by explosives.  
Excavation does not include:  
    (1) the repair or installation of agricultural drainage 
tile for which notice has been given as provided by section 
116I.07, subdivision 2; 
    (2) the extraction of minerals; 
    (3) (2) the opening of a grave in a cemetery; 
    (4) (3) normal maintenance of roads and streets if the 
maintenance does not change the original grade and does not 
involve the road ditch; 
    (5) (4) plowing, cultivating, planting, harvesting, and 
similar operations in connection with growing crops, trees, and 
shrubs, unless any of these activities disturbs the soil to a 
depth of 18 inches or more; 
    (6) landscaping or (5) gardening unless one of the 
activities it disturbs the soil to a depth of 12 inches or more; 
or 
    (7) (6) planting of windbreaks, shelterbelts, and tree 
plantations, unless any of these activities disturbs the soil to 
a depth of 18 inches or more. 
    Sec. 21.  Minnesota Statutes 1992, section 216D.04, 
subdivision 1, is amended to read: 
    Subdivision 1.  [NOTICE OF EXCAVATION REQUIRED; CONTENTS.] 
(a) Except in an emergency, an excavator or land surveyor 
shall and a land surveyor may contact the notification center 
and provide an excavation or location notice at least 48 hours 
before beginning any excavation or boundary survey, excluding 
Saturdays, Sundays, and holidays.  An excavation or boundary 
survey begins, for purposes of this requirement, the first time 
excavation or a boundary survey occurs in an area that was not 
previously identified by the excavator or land surveyor in an 
excavation or boundary survey notice.  
    (b) The excavation or boundary survey notice may be oral or 
written, and must contain the following information: 
    (1) the name of the individual providing the excavation or 
boundary survey notice; 
    (2) the precise location of the proposed area of excavation 
or boundary survey; 
    (3) the name, address, and telephone number of the 
excavator or land surveyor or excavator's or land surveyor's 
company; 
    (4) the excavator's or land surveyor's field telephone 
number, if one is available; 
    (5) the type and the extent of the proposed excavation or 
boundary survey work; 
    (6) whether or not the discharge of explosives is 
anticipated; and 
    (7) the date and time when excavation or boundary survey is 
to commence. 
    Sec. 22.  Minnesota Statutes 1992, section 299J.06, 
subdivision 4, is amended to read: 
    Subd. 4.  [TERMS; COMPENSATION; REMOVAL.] The terms, 
compensation, and removal of members are governed by section 
15.0575.  The council expires on June 30, 1993. 
    Sec. 23.  [PRIORITIES FOR CLEANUP; REPORT.] 
    The commissioner of the pollution control agency shall 
determine whether, and based on what criteria, a priority list 
should be established for the purposes of accomplishing more 
efficient cleanups of petroleum tank releases under Minnesota 
Statutes, chapter 115C.  The commissioner shall consider the 
experience with the list of priorities established under 
Minnesota Statutes 1992, section 115B.17, subdivision 13, 
including the criteria for establishing that list in the statute 
and in rules adopted under the statute and any other criteria 
the commissioner determines appropriate, and whether a similar 
list of priorities is appropriate for petroleum tank cleanups.  
If the commissioner determines a priority list is appropriate, 
the commissioner, by January 15, 1994, shall recommend proposed 
legislation to the environment and natural resources committees 
of the legislature to govern establishment of the list and the 
criteria for establishing priorities for cleanup. 
    Sec. 24.  [115C.091] [PHASE-IN PROCEDURE.] 
    In approving applications for reimbursement under Minnesota 
Statutes, chapter 115C, the petroleum tank release compensation 
board shall ensure that: 
    (1) the difference between the total amount of 
reimbursements approved by the board in fiscal year 1995 and the 
funds available to pay the reimbursements as of June 30, 1995, 
is at least 30 percent less than the difference between the 
total amount of reimbursements approved by the board as of June 
30, 1993, and the funds available to pay the reimbursements as 
of that date; and 
    (2) the difference between the total amount of 
reimbursements approved by the board in fiscal year 1996 and the 
funds available to pay the reimbursements as of June 30, 1996, 
is at least 70 percent less than the difference between the 
total amount of reimbursements approved by the board as of June 
30, 1993, and the funds available to pay the reimbursements as 
of that date. 
    Sec. 25.  [APPROPRIATION.] 
    $678,000 in fiscal year 1994 and $618,000 in fiscal year 
1995 is appropriated from the petroleum tank release cleanup 
account in the environmental fund to the commissioner of 
commerce for providing staff support to the petroleum tank 
release compensation board under Minnesota Statutes, section 
115C.07, subdivision 2. 
    Sec. 26.  [REPEALER.] 
    Minnesota Statutes 1992, sections 115C.01; 115C.02; 
115C.021; 115C.03; 115C.04; 115C.045; 115C.05; 115C.06; 
115C.065; 115C.07; 115C.08; 115C.09; 115C.10; 115C.11; and 
115C.12, are repealed effective June 30, 2000.  
    Sec. 27.  [EFFECTIVE DATE.] 
    The amendment to Minnesota Statutes, section 115C.09, 
subdivision 3, paragraph (a) by this article is effective for 
corrective actions begun on or after September 1, 1993.  Section 
14 is effective for applications for reimbursement received by 
the petroleum tank release compensation board on and after July 
1, 1993.  Section 9 is effective July 1, 1993.  Section 15 is 
effective July 1, 1997.  The remainder of this article is 
effective August 1, 1993. 

                                ARTICLE 2
    Section 1.  Minnesota Statutes 1992, section 115E.03, 
subdivision 2, is amended to read: 
    Subd. 2.  [SPECIFIC PREPAREDNESS.] The following persons 
shall comply with the specific requirements of subdivisions 3 
and 4 and section 115E.04: 
    (1) persons who own or operate a vessel that is constructed 
or adapted to carry, or that carried, oil or hazardous 
substances in bulk as cargo or cargo residue; 
    (2) persons who own or operate trucks or cargo trailer 
rolling stock transporting an average monthly aggregate total of 
more than 100,000 gallons of oil or hazardous substance as cargo 
in Minnesota; 
    (3) persons who own or operate railroad car rolling stock 
transporting an aggregate total of more than 100,000 gallons of 
oil or hazardous substance as cargo in Minnesota in any calendar 
month; 
    (4) (3) persons who own or operate facilities containing 
100,000 1,000,000 gallons or more of oil or hazardous substance 
in tank storage at any time; 
    (5) (4) persons who own or operate facilities where there 
is transfer of an average monthly aggregate total of more than 
100,000 1,000,000 gallons of oil or hazardous substances to or 
from vessels, tanks, rolling stock, or pipelines, except for 
facilities where the primary transfer activity is the retail 
sales of motor fuels; 
    (6) (5) persons who own or operate hazardous liquid 
pipeline facilities through which more than 100,000 gallons of 
oil or hazardous substance is transported in any calendar month; 
and 
    (7) (6) persons required to demonstrate preparedness under 
section 115E.05. 
    Sec. 2.  Minnesota Statutes 1992, section 115E.04, 
subdivision 4, is amended to read: 
    Subd. 4.  [REVIEW OF PREVENTION AND RESPONSE PLAN.] (a) A 
person required to show specific preparedness under section 
115E.03, subdivision 2, must submit a copy of the prevention and 
response plan must be submitted to any of the commissioners who 
request it and to an official of a political subdivision with 
appropriate jurisdiction upon the official's request, or the 
plan and equipment and material named in the plan may be 
examined upon the request of an authorized agent of a 
commissioner or official. 
    (b) Upon the request of one or more of the commissioners, a 
person shall demonstrate the adequacy of prevention and response 
plans and preparedness measures by conducting announced or 
unannounced drills, calling persons and organizations named in a 
prevention and response plan and verifying roles and 
capabilities, locating and testing response equipment, 
questioning response personnel, or other means that in the 
judgment of the requesting commissioner demonstrate 
preparedness.  Before requesting an unannounced drill, the 
requesting commissioner shall notify the other commissioners 
that a drill will be requested and invite them to participate in 
or witness the drill.  If an unannounced drill is conducted to 
the satisfaction of the commissioners, the person conducting the 
drill may not be required to conduct an additional unannounced 
drill in the same calendar year. 
    Sec. 3.  [115E.045] [RESPONSE PLANS FOR TRUCKS AND CERTAIN 
TANK FACILITIES.] 
    Subdivision 1.  [RESPONSE PLAN FOR TRUCKS.] (a) By June 1, 
1994, a person who owns or operates trucks or cargo trailer 
rolling stock transporting an average monthly aggregate total of 
more than 10,000 gallons of oil or hazardous substances as bulk 
cargo in this state shall prepare and maintain a prevention and 
response plan in accordance with this subdivision.  The plan 
must include: 
    (1) the name and business and nonbusiness telephone numbers 
of the individual or individuals having full authority to 
implement response action; 
    (2) the telephone number of the local emergency response 
organizations, as defined in section 299K.01, subdivision 3, if 
the organizations cannot be reached by calling 911; 
    (3) a description of the type of rolling stock and the 
maximum potential discharge that could occur from the equipment; 
    (4) the telephone number of the single answering point 
system established under section 115E.09; 
    (5) the telephone number of an individual or company with 
adequate personnel and equipment available to respond to a 
discharge, along with evidence that the individual or company 
and the individual responsible for preparing the plan have made 
arrangements for such response; 
    (6) a description of the training that the owner or 
operator's truck or cargo trailer operators have received in 
handling hazardous materials and the emergency response 
information available in the vehicle; and 
    (7) a description of the action that will be taken by a 
truck or cargo trailer owner or operator in response to a 
discharge. 
    (b) The response plan must be retained on file at the 
person's principal place of business. 
    Subd. 2.  [RESPONSE PLAN FOR TANK FACILITIES WITH BETWEEN 
10,000 AND 1,000,000 GALLONS OF STORAGE.] (a) By June 1, 1994, a 
person who owns or operates a facility that stores more than 
10,000 gallons but less than 1,000,000 gallons of oil or 
hazardous substances shall prepare and maintain a prevention and 
response plan in accordance with this subdivision.  The 
abbreviated plan must include: 
    (1) the name and business and nonbusiness telephone numbers 
of the individual or individuals having full authority to 
implement response action; 
    (2) the telephone number of the local emergency response 
organizations, as defined in section 299K.01, subdivision 3, if 
the organizations cannot be reached by calling 911; 
    (3) a description of the facility, tank capacities, spill 
prevention and secondary containment measures at the facility, 
and the maximum potential discharge that could occur at the 
facility; 
    (4) the telephone number of the single answering point 
system established under section 115E.09; 
    (5) documentation that adequate personnel and equipment 
will be available to respond to a discharge, along with evidence 
that prearrangements for such response have been made; 
    (6) a description of the training employees at the facility 
receive in handling hazardous materials and in emergency 
response information; and 
    (7) a description of the action that will be taken by the 
facility owner or operator in response to a discharge. 
    (b) The response plan must be retained on file at the 
person's principal place of business. 
    Subd. 3.  [NOTICE OF PLAN COMPLETION.] A person required to 
prepare a response plan under this section shall notify the 
commissioner of public safety when the plan has been completed.  
Upon request, the person shall provide a copy of the plan to the 
commissioner of the pollution control agency. 
    Subd. 4.  [AGRICULTURAL CHEMICALS EXEMPT.] This section 
does not apply to agricultural chemicals, as defined in section 
18D.01, subdivision 3, that are subject to chapter 18B or 18C. 
    Sec. 4.  [115E.061] [RESPONDER IMMUNITY; OIL DISCHARGES.] 
    (a) A person identified in section 115E.06, paragraph (a), 
who is rendering assistance in response to a discharge of oil is 
not liable for damages that result from actions taken or failed 
to be taken in the course of rendering care, assistance, or 
advice in accordance with the national contingency plan under 
the Oil Pollution Act of 1990, or as directed by the federal 
on-scene coordinator, the commissioner of the pollution control 
agency, the commissioner of agriculture, the commissioner of 
natural resources, or the commissioner of public safety. 
    (b) Paragraph (a) does not apply: 
   (1) to a responsible person under chapter 115B or 115C; 
   (2) with respect to personal injury or wrongful death; or 
   (3) if the person rendering assistance is grossly negligent 
or engages in willful misconduct. 
    Sec. 5.  [115E.11] [DISPOSITION OF PENALTIES.] 
    Penalties collected for violations of this chapter or 
section 115.061 that are related to discharges or threatened 
discharges of petroleum must be deposited in the state treasury 
and credited to the petroleum tank release cleanup account. 
    Sec. 6.  Minnesota Statutes 1992, section 299A.50, is 
amended by adding a subdivision to read: 
    Subd. 3.  [LONG-TERM OVERSIGHT; TRANSITION.] When a 
regional hazardous materials response team has completed its 
response to an incident, the commissioner shall notify the 
commissioner of the pollution control agency, which is 
responsible for assessing environmental damage caused by the 
incident and providing oversight of monitoring and remediation 
of that damage from the time the response team has completed its 
activities. 
    Sec. 7.  [APPROPRIATION.] 
    (a) $100,000 in fiscal year 1994 and $118,500 in fiscal 
year 1995 is appropriated from the petroleum tank release 
cleanup account in the environmental fund to the commissioner of 
the pollution control agency for the purposes of Minnesota 
Statutes, chapter 115E. 
    (b) Of the amounts appropriated from the environmental fund 
to the commissioner of the pollution control agency for the 
biennium ending June 30, 1995, $195,000 in fiscal year 1994 and 
$235,000 in fiscal year 1995 is available for the purposes of 
Minnesota Statutes, chapter 115E. 
    Presented to the governor May 20, 1993 
    Signed by the governor May 24, 1993, 5:50 p.m.