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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 639-H.F.No. 3086 
                  An act relating to the environment; establishing an 
                  environmental cleanup program for landfills; providing 
                  for buy-outs for insurers; increasing the solid waste 
                  generator fee; transferring the balance in the 
                  metropolitan landfill contingency action trust fund; 
                  authorizing the sale of bonds; renaming the office of 
                  waste management as the office of environmental 
                  assistance and providing for appointment of the 
                  director; transferring certain personnel, powers, and 
                  duties to the office of environmental assistance; 
                  transferring solid and hazardous waste management 
                  personnel, powers, and duties of the metropolitan 
                  council to the office of environmental assistance; 
                  expanding the authority of the commissioner of the 
                  pollution control agency to issue determinations 
                  regarding liability for releases of hazardous 
                  substances and petroleum; requiring environmental 
                  review of certain projects; authorizing rules; 
                  providing penalties; appropriating money; amending 
                  Minnesota Statutes 1992, sections 115A.055; 115B.04, 
                  by adding a subdivision; 115B.42, subdivision 1; 
                  115C.03, subdivision 9; 116G.15; and 281.17; Minnesota 
                  Statutes 1993 Supplement, sections 115B.178, 
                  subdivision 1; 115B.42, subdivision 2; 116.07, 
                  subdivision 10; and 281.13; proposing coding for new 
                  law in Minnesota Statutes, chapters 115B; and 116G. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1
           Section 1.  Minnesota Statutes 1992, section 115B.04, is 
        amended by adding a subdivision to read: 
           Subd. 4a.  [CLAIMS BY MIXED MUNICIPAL SOLID WASTE DISPOSAL 
        FACILITIES.] (a) Except as provided in paragraph (b), liability 
        under this section for claims by owners or operators of mixed 
        municipal solid waste disposal facilities that accept waste on 
        or after April 9, 1994, and are not qualified facilities under 
        section 115B.39, subdivision 2, is limited to liability for 
        response costs exceeding the amount of available financial 
        assurance funds required under section 116.07, subdivision 4h. 
           (b) This subdivision does not affect liability under this 
        section for claims based on the illegal disposal of waste at a 
        facility. 
           Sec. 2.  [115B.39] [LANDFILL CLEANUP PROGRAM; 
        ESTABLISHMENT.] 
           Subdivision 1. [ESTABLISHMENT.] The landfill cleanup 
        program is established to provide environmental response at 
        qualified facilities and is to be administered by the 
        commissioner. 
           Subd. 2.  [DEFINITIONS.] (a) In addition to the definitions 
        in this subdivision, the definitions in sections 115A.03 and 
        115B.02 apply to sections 115B.39 to 115B.46, except as 
        specifically modified in this subdivision. 
           (b) "Cleanup order" means a consent order between 
        responsible persons and the agency or an order issued by the 
        United States Environmental Protection Agency under section 106 
        of the Federal Superfund Act. 
           (c) "Closure" means actions to prevent or minimize the 
        threat to public health and the environment posed by a mixed 
        municipal solid waste disposal facility that has stopped 
        accepting waste by controlling the sources of releases or 
        threatened releases at the facility.  "Closure" includes 
        removing contaminated equipment and liners; applying final 
        cover; grading and seeding final cover; installing wells, 
        borings, and other monitoring devices; constructing groundwater 
        and surface water diversion structures; and installing gas 
        control systems and site security systems, as necessary.  The 
        commissioner may authorize use of final cover that includes 
        processed materials that meet the requirements in Code of 
        Federal Regulations, title 40, section 503.32, paragraph (a). 
           (d) "Contingency action" means organized, planned, or 
        coordinated courses of action to be followed in case of fire, 
        explosion, or release of solid waste, waste by-products, or 
        leachate that could threaten human health or the environment. 
           (e) "Corrective action" means steps taken to repair 
        facility structures including liners, monitoring wells, 
        separation equipment, covers, and aeration devices and to bring 
        the facility into compliance with design, construction, 
        groundwater, surface water, and air emission standards. 
           (f) "Decomposition gases" means gases produced by chemical 
        or microbial activity during the decomposition of solid waste. 
           (g) "Environmental response action" means response action 
        at a qualified facility, including corrective action, closure, 
        postclosure care; contingency action; environmental studies, 
        including remedial investigations and feasibility studies; 
        engineering, including remedial design; removal; remedial 
        action; site construction; and other similar cleanup-related 
        activities.  
           (h) "Environmental response costs" means: 
           (1) costs of environmental response action, not including 
        legal or administrative expenses; and 
           (2) costs required to be paid to the federal government 
        under section 107(a) of the federal Superfund Act, as amended. 
           (i) "Postclosure" or "postclosure care" means actions taken 
        for the care, maintenance, and monitoring of closure actions at 
        a mixed municipal solid waste disposal facility. 
           (j) "Qualified facility" means a mixed municipal solid 
        waste disposal facility, including adjacent property used for 
        solid waste disposal, that: 
           (1) is or was permitted by the agency; 
           (2) stopped accepting solid waste, except demolition 
        debris, for disposal by April 9, 1994; and 
           (3) stopped accepting demolition debris for disposal by 
        June 1, 1994, except that demolition debris may be accepted 
        until May 1, 1995, at a permitted area where disposal of 
        demolition debris is allowed, if the area where the demolition 
        debris is deposited is at least 50 feet from the fill boundary 
        of the area where mixed municipal solid waste was deposited. 
           Sec. 3.  [115B.40] [PROGRAM.] 
           Subdivision 1.  [RESPONSE TO RELEASES.] The commissioner 
        may take any environmental response action, including emergency 
        action, related to a release or threatened release of a 
        hazardous substance, pollutant or contaminant, or decomposition 
        gas from a qualified facility that the commissioner deems 
        reasonable and necessary to protect the public health or welfare 
        or the environment under the standards required in sections 
        115B.01 to 115B.24.  The commissioner may undertake studies 
        necessary to determine reasonable and necessary environmental 
        response actions at individual facilities.  The commissioner may 
        develop general work plans for environmental studies, 
        presumptive remedies, and generic remedial designs for 
        facilities with similar characteristics.  Prior to selecting 
        environmental response actions for a facility, the commissioner 
        shall hold at least one public informational meeting near the 
        facility and provide for receiving and responding to comments 
        related to the selection.  The commissioner shall design, 
        implement, and provide oversight consistent with the actions 
        selected under this subdivision. 
           Subd. 2.  [PRIORITY LIST.] (a) The commissioner shall 
        establish a priority list for preventing or responding to 
        releases of hazardous substances, pollutants and contaminants, 
        or decomposition gases at qualified facilities.  The 
        commissioner shall periodically revise the list to reflect 
        changing conditions at facilities that affect priority for 
        response actions.  The initial priority list must be established 
        by January 1, 1995. 
           (b) The priority list required under this subdivision must 
        be based on the relative risk or danger to public health or 
        welfare or the environment, taking into account to the extent 
        possible the population at risk, the hazardous potential of the 
        hazardous substances at the facility, the potential for 
        contamination of drinking water supplies, the potential for 
        direct human contact, and the potential for destruction of 
        sensitive ecosystems. 
           Subd. 3.  [NOTIFICATION.] By September 1, 1994, the 
        commissioner shall notify the owner or operator of, and persons 
        subject to a cleanup order at, each qualified facility of 
        whether the requirements of subdivision 4 or 5 have been met.  
        If the requirements have not been met at a facility, the 
        commissioner, by the earliest practicable date, shall notify the 
        owner or operator and persons subject to a cleanup order of what 
        actions need to be taken.  
           Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
        DUTIES.] (a) The owner or operator of a qualified facility that 
        is not subject to a cleanup order shall: 
           (1) complete closure activities at the facility, or enter 
        into a binding agreement with the commissioner to do so, as 
        provided in paragraph (d), within one year from the date the 
        owner or operator is notified by the commissioner under 
        subdivision 3 of the closure activities that are necessary to 
        properly close the facility in compliance with facility's 
        permit, closure orders, or enforcement agreement with the 
        agency, and with the solid waste rules in effect at the time the 
        facility stopped accepting waste; 
           (2) undertake or continue postclosure care at the facility 
        until the date of notice of compliance under subdivision 7; 
           (3) transfer to the commissioner of revenue for deposit in 
        the landfill cleanup account established in section 115B.42 any 
        funds required for proof of financial responsibility under 
        section 116.07, subdivision 4h, that remain after facility 
        closure and any postclosure care and response action undertaken 
        by the owner or operator at the facility including, if proof of 
        financial responsibility is provided through a letter of credit 
        or other financial instrument or mechanism that does not 
        accumulate money in an account, the amount that would have 
        accumulated had the owner or operator utilized a trust fund, 
        less any amount used for closure, postclosure care, and response 
        action at the facility; 
           (4) provide the commissioner with a copy of all applicable 
        comprehensive general liability insurance policies and other 
        liability policies relating to property damage, certificates, or 
        other evidence of insurance coverage held during the life of the 
        facility; and 
           (5) enter into a binding agreement with the commissioner to:
           (i) take any actions necessary to preserve the owner or 
        operator's rights to payment or defense under insurance policies 
        included in clause (4); cooperate with the commissioner in 
        asserting claims under the policies; and, within 60 days of a 
        request by the commissioner, but no earlier than July 1, 1996, 
        assign only those rights under the policies related to 
        environmental response costs; 
           (ii) cooperate with the commissioner or other persons 
        acting at the direction of the commissioner in taking additional 
        environmental response actions necessary to address releases or 
        threatened releases and to avoid any action that interferes with 
        environmental response actions, including allowing entry to the 
        property and to the facility's records and allowing entry and 
        installation of equipment; and 
           (iii) refrain from developing or altering the use of 
        property described in any permit for the facility except after 
        consultation with the commissioner and in conformance with any 
        conditions established by the commissioner for that property, 
        including use restrictions, to protect public health and welfare 
        and the environment. 
           (b) The owner or operator of a qualified facility that is a 
        political subdivision may use a portion of any funds established 
        for response at the facility, which are available directly or 
        through a financial instrument or other financial arrangement, 
        for closure or postclosure care at the facility if funds 
        available for closure or postclosure care are inadequate and 
        shall assign the rights to any remainder to the commissioner. 
           (c) The agreement required in paragraph (a), clause (5), 
        must be in writing and must apply to and be binding upon the 
        successors and assigns of the owner.  The owner shall record the 
        agreement, or a memorandum approved by the commissioner that 
        summarizes the agreement, with the county recorder or registrar 
        of titles of the county where the property is located. 
           (d) A binding agreement entered into under paragraph (a), 
        clause (1), may include a provision that the owner or operator 
        will reimburse the commissioner for the costs of closing the 
        facility to the standard required in that clause. 
           Subd. 5.  [QUALIFIED FACILITY UNDER CLEANUP ORDER; DUTIES.] 
        (a) For a qualified facility that is subject to a cleanup order, 
        persons identified in the order shall complete construction of 
        the remedy required under the cleanup order and: 
           (1) for a federal order, receive a concurrent determination 
        of the United States Environmental Protection Agency and the 
        agency or commissioner that the remedy is functioning properly 
        and is performing as designed; or 
           (2) for a state order, receive acknowledgment from the 
        agency or commissioner that the obligations under the order for 
        construction of the remedy have been met. 
           (b) The owner or operator of a qualified facility that is 
        subject to a cleanup order, in addition to any applicable 
        requirement in paragraph (a), shall comply with subdivision 4, 
        paragraph (a), clauses (3) to (5). 
           Subd. 6.  [COMMISSIONER; DUTIES.] (a) If the owner or 
        operator of a qualified facility fails to comply with 
        subdivision 4, paragraph (a), clause (1) or (2), the 
        commissioner shall: 
           (1) undertake or complete closure activities at the 
        facility in compliance with the solid waste rules in effect at 
        the time the commissioner takes action under this clause; and 
           (2) undertake or continue postclosure care at the facility 
        as required under subdivision 2. 
           (b) If a facility has been properly closed under 
        subdivision 4, but the applicable closure requirements are less 
        environmentally protective than closure requirements in the 
        solid waste rules in effect on January 1, 1993, the commissioner 
        shall determine whether the facility should be closed to the 
        higher standards and, if so, shall undertake additional closure 
        activities at the facility to meet those standards.  The 
        commissioner may determine that additional closure activities 
        are unnecessary only if it is likely that response actions will 
        be taken in the near future and that those response actions will 
        result in removal or significant alteration of the closure 
        activities or render the closure activities unnecessary.  
           Subd. 7.  [NOTICE OF COMPLIANCE; EFFECTS.] (a) The 
        commissioner shall provide written notice of compliance to the 
        appropriate owner or operator or person subject to a cleanup 
        order when: 
           (1) the commissioner determines that the requirements of 
        subdivision 4 or 5 have been met; and 
           (2) the person who will receive the notice has submitted to 
        the commissioner a written waiver of any claims the person may 
        have against any other person for recovery of any environmental 
        response costs related to a qualified facility that were 
        incurred prior to the date of notice of compliance. 
           (b) Beginning on the date of the notice of compliance: 
           (1) the commissioner shall assume all obligations of the 
        owner or operator or person for environmental response actions 
        under the federal Superfund Act and any federal or state cleanup 
        orders and shall undertake all further action under subdivision 
        1 at or related to the facility that the commissioner deems 
        appropriate and in accordance with the priority list; and 
           (2) the commissioner may not seek recovery against the 
        owner or operator of the facility or any responsible person of 
        any costs incurred by the commissioner for environmental 
        response action at or related to the facility, except: 
           (i) to the extent of insurance coverage held by the owner 
        or operator or responsible person; or 
           (ii) as provided in section 115B.402. 
           (c) The commissioner and the attorney general shall 
        communicate with the United States Environmental Protection 
        Agency addressing the manner and procedure for the state's 
        assumption of federal obligations under paragraph (b), clause 
        (1). 
           Subd. 8.  [STATUTES OF LIMITATIONS.] (a) With respect to 
        claims for recovery of environmental response costs related to 
        qualified facilities, the running of all applicable periods of 
        limitation under state law is suspended until July 1, 2004. 
           (b) A waiver of claims for recovery of environmental 
        response costs under this section or section 115B.43 is 
        extinguished for that portion of reimbursable costs under 
        section 115B.43 that have not been reimbursed by July 1, 2004. 
           Sec. 4.  [115B.402] [ILLEGAL ACTIONS AT QUALIFIED 
        FACILITIES.] 
           The commissioner may recover under section 115B.17, 
        subdivision 6, that portion of the costs of response actions at 
        any qualified facility attributable to a person who otherwise 
        would be responsible for the release or threatened release under 
        section 115B.03, and whose actions related to the release or 
        threatened release were in violation of federal or state 
        hazardous waste management laws in effect at the time of those 
        actions.  The commissioner's determination of the portion of the 
        costs of a response action attributable to a person under this 
        section, based on the volume and toxicity of waste in the 
        facility associated with the person and other factors reasonably 
        related to the contribution of the person to a release or 
        threatened release, is prima facie evidence that those costs are 
        attributable to the person. 
           Sec. 5.  [115B.405] [EXCLUDED FACILITIES.] 
           Subdivision 1.  [APPLICATION.] The owner or operator of a 
        qualified facility may apply to the commissioner for exclusion 
        from the landfill cleanup program under sections 115B.39, 
        115B.40, 115B.41, 115B.412, and 115B.43.  Applications must be 
        received by the commissioner by February 1, 1995.  The owner or 
        operator of a qualified facility that is subject to a federal 
        cleanup order or that includes any portion that is tax-forfeited 
        may not apply for exclusion under this section.  In addition to 
        other information required by the commissioner, an application 
        must include a disclosure of all financial assurance accounts 
        established for the facility.  Applications for exclusion must: 
           (1) show that the operator or owner is complying with the 
        agency's rules adopted under section 116.07, subdivision 4h, and 
        is complying with a financial assurance plan for the facility 
        that the commissioner has approved after determining that the 
        plan is adequate to provide for closure, postclosure care, and 
        contingency action; 
           (2) demonstrate that the facility is closed or is in 
        compliance with a closure schedule approved by the commissioner; 
        and 
           (3) include a waiver of all claims for recovery of costs 
        incurred under sections 115B.01 to 115B.24 and the federal 
        Superfund Act at or related to a qualified facility. 
           Subd. 2.  [EVALUATION OF EXCLUSION STATUS.] Within 90 days 
        after the commissioner has received a complete application for 
        exclusion, the commissioner shall notify the owner or operator 
        if the facility is excluded.  If the commissioner finds that the 
        facility does not satisfy the requirements for exclusion, the 
        commissioner shall notify the owner or operator of that fact. 
           Subd. 3.  [RESTRICTION ON USE OF PROPERTY AT EXCLUDED 
        FACILITIES.] (a) A person may not use any property described in 
        the most recent agency permit issued for an excluded facility in 
        any way that disturbs the integrity of the final cover, liners, 
        or any other components of any containment system, or the 
        function of the facility's monitoring systems, unless the agency 
        finds that the disturbance: 
           (1) is necessary to the proposed use of the property, and 
        will not increase the potential hazard to human health or the 
        environment; or 
           (2) is necessary to reduce a threat to human health or the 
        environment. 
           (b) Before any transfer of ownership of property described 
        in paragraph (a), the owner must obtain approval from the 
        commissioner.  The commissioner shall approve a transfer if the 
        owner can demonstrate to the satisfaction of the commissioner 
        that persons and property will not be exposed to undue risk from 
        releases of hazardous substances or pollutants or contaminants. 
           (c) After obtaining approval from the commissioner, the 
        owner shall record with the county recorder of the county in 
        which the property is located an affidavit containing a legal 
        description of the property that discloses to any potential 
        transferee: 
           (1) that the land has been used as a mixed municipal solid 
        waste disposal facility; 
           (2) the identity, quantity, location, condition, and 
        circumstances of the disposal and any release of hazardous 
        substances or pollutants or contaminants from the facility to 
        the full extent known or reasonably ascertainable; and 
           (3) that the use of the property or some portion of it may 
        be restricted as provided in paragraph (a). 
           (d) An owner must also file an affidavit within 60 days 
        after any material change in any matter required to be disclosed 
        under paragraph (c), with respect to property for which an 
        affidavit has already been recorded.  If the owner or any 
        subsequent owner of the property removes the waste from the 
        facility together with any residues, liner, and contaminated 
        underlying and surrounding soil, that owner may record an 
        affidavit indicating the removal.  Failure to record an 
        affidavit as provided in this paragraph does not affect or 
        prevent any transfer of ownership of the property. 
           (e) The county recorder shall record all affidavits 
        presented in accordance with paragraphs (c) and (d).  The 
        affidavits must be recorded in a manner that will ensure their 
        disclosure in the ordinary course of a title search of the 
        subject property. 
           (f) This subdivision is enforceable under sections 115.071 
        and 116.072. 
           Subd. 4.  [CLOSURE.] If the commissioner determines that 
        the owner or operator of an excluded facility did not complete 
        the terms of an approved closure plan by the date in the plan, 
        the commissioner shall complete closure at the facility and may 
        seek cost recovery against the owner or operator under section 
        115B.17, subdivision 6. 
           Sec. 6.  [115B.41] [ALLOCATION OF COSTS; FAILURE TO 
        COMPLY.] 
           Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
        person who is subject to the requirements in section 115B.40, 
        subdivision 4, or subdivision 5, paragraph (b), is responsible 
        for all environmental response costs incurred by the 
        commissioner at or related to the facility until the date of 
        notice of compliance under section 115B.40, subdivision 7.  The 
        commissioner may use any funds available for closure, 
        postclosure care, and response action established by the owner 
        or operator.  If those funds are insufficient or if the owner or 
        operator fails to assign rights to them to the commissioner, the 
        commissioner may seek recovery of environmental response costs 
        against the owner or operator in the county of Ramsey or in the 
        county where the facility is located or where the owner or 
        operator resides.  
           (b) In an action brought under this subdivision in which 
        the commissioner prevails, the court shall award the 
        commissioner reasonable attorney fees and other litigation 
        expenses incurred by the commissioner to bring the action.  All 
        costs, fees, and expenses recovered under this subdivision must 
        be deposited in the environmental fund and credited to the 
        landfill cleanup account established in section 115B.42. 
           Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
        environmental response costs, including administrative and legal 
        expenses, incurred by the commissioner at a qualified facility 
        before the date of notice of compliance under section 115B.40, 
        subdivision 7, constitute a lien in favor of the state upon any 
        real property located in the state, other than homestead 
        property, owned by the owner or operator who is subject to the 
        requirements of section 115B.40, subdivision 4 or 5.  A lien 
        under this subdivision attaches when the environmental response 
        costs are first incurred and continues until the lien is 
        satisfied or becomes unenforceable as for an environmental lien 
        under section 514.672.  Notice, filing, and release of the lien 
        are governed by sections 514.671 to 514.676, except where those 
        requirements specifically are related to only cleanup action 
        expenses as defined in section 514.671.  Relative priority of a 
        lien under this subdivision is governed by section 514.672, 
        except that a lien attached to property that was included in any 
        permit for the solid waste disposal facility takes precedence 
        over all other liens regardless of when the other liens were or 
        are perfected.  Amounts received to satisfy all or a part of a 
        lien must be deposited in the landfill cleanup account. 
           Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
        operator fails to comply with section 115B.40, subdivision 4, or 
        5, paragraph (b), fails to remit payment of environmental 
        response costs incurred by the commissioner before the date of 
        notice of compliance under section 115B.40, subdivision 7, and 
        is a local government unit, the commissioner may seek payment of 
        the costs from any state aid payments, except payments made 
        under section 115A.557, subdivision 1, otherwise due the local 
        government unit.  The commissioner of revenue, after being 
        notified by the commissioner that the local government unit has 
        failed to pay the costs and the amount due, shall pay an annual 
        proportionate amount of the state aid payment otherwise payable 
        to the local government unit into the landfill cleanup account 
        that will, over a period of no more than five years, satisfy the 
        liability of the local government unit for the costs. 
           Subd. 4.  [DISQUALIFICATION; PERMITS.] If an owner or 
        operator of a qualified facility that is not a local government 
        unit does not undertake closure or postclosure care in 
        compliance with section 115B.40, subdivision 4, the owner or 
        operator is ineligible to obtain or renew a state or local 
        permit or license to engage in a business that manages solid 
        waste.  Failure of an owner or operator that is not a local 
        government unit to complete closure or postclosure care at a 
        qualified facility is prima facie evidence of the lack of 
        fitness of that owner or operator to conduct any solid waste 
        business and is grounds for revocation of any solid waste 
        business permit or license held by that owner or operator. 
           For the purposes of this subdivision and subdivision 2, 
        "owner or operator" means a person, partnership, firm, limited 
        liability company, cooperative, association, corporation, or 
        other entity and includes any entity in which the owner or 
        operator owns a controlling interest. 
           Subd. 5.  [EXPEDITED CLOSURE.] To expedite compliance with 
        section 115B.40, subdivision 4, a person other than an owner or 
        operator may undertake closure or postclosure care in compliance 
        with that subdivision under an agreement with the commissioner. 
           Sec. 7.  [115B.412] [PROGRAM OPERATION.] 
           Subdivision 1.  [DUTY TO PROVIDE INFORMATION.] Any person 
        who the commissioner has reason to believe has or may obtain 
        information related to the generation, composition, 
        transportation, treatment, or disposal of waste in a qualified 
        facility or who has or may obtain information related to the 
        ownership or operation of a facility shall furnish to the 
        commissioner or the commissioner's designee any information that 
        person may have or may reasonably obtain that is relevant to a 
        release or threatened release at a qualified facility. 
           Subd. 2.  [ACCESS TO INFORMATION AND PROPERTY.] The 
        commissioner or a person designated by the commissioner, on 
        presentation of credentials, may: 
           (1) examine and copy any books, papers, records, memoranda, 
        or data of any person who has a duty to provide information to 
        the agency under subdivision 1; and 
           (2) enter upon any property, public or private, for the 
        purpose of taking any action authorized by sections 115B.39 to 
        115B.43 including obtaining information from any person who has 
        a duty to provide the information under subdivision 1, 
        conducting surveys or investigations, and taking response action.
           This subdivision and subdivision 1 are enforceable under 
        sections 115.071 and 116.072.  If the commissioner prevails in 
        an enforcement action under this subdivision, the commissioner 
        may recover all costs, including court costs, attorney fees, and 
        administrative costs, related to the enforcement action.  
           Subd. 3.  [ACQUISITION AND DISPOSITION OF REAL 
        PROPERTY.] The commissioner may acquire and dispose of real 
        property the commissioner deems reasonably necessary for 
        environmental response actions at or related to a qualified 
        facility under section 115B.17, subdivisions 15 and 16. 
           Subd. 4.  [AFFECTED REAL PROPERTY; NOTICE.] (a) The 
        commissioner shall provide to affected local government units, 
        to be available as public information, and shall make available 
        to others, on request, a description of the real property 
        described in the original and any revised permits for a 
        qualified facility, along with a description of activities that 
        will be or have been taken on the property under sections 
        115B.39 to 115B.43 and a reasonably accurate description of the 
        types, locations, and potential movement of hazardous 
        substances, pollutants and contaminants, or decomposition gases 
        related to the facility.  The commissioner shall provide and 
        make this information available at the time the facility is 
        placed on the priority list under section 115B.40, subdivision 
        2; shall revise, provide, and make the information available 
        when response actions, other than long-term maintenance actions, 
        have been completed; and shall revise the information over time 
        if significant changes occur that make the information obsolete 
        or misleading. 
           (b) A local government unit that receives information from 
        the commissioner under paragraph (a) shall incorporate that 
        information in any land use plan that includes the affected 
        property and shall notify any person who applies for a permit 
        related to development of the affected property of the existence 
        of the information and, on request, provide a copy of the 
        information. 
           Subd. 5.  [ENVIRONMENTAL LIEN.] An environmental lien for 
        environmental response costs incurred, including reimbursements 
        made under section 115B.43, by the commissioner under sections 
        115B.39 to 115B.46 attaches in the same manner as a lien under 
        sections 514.671 to 514.676, to all the real property described 
        in the original and any revised permits for a qualified facility 
        and any adjacent property owned by the facility owner or 
        operator from the date the first assessment, closure, 
        postclosure care, or response activities related to the facility 
        are undertaken by the commissioner.  For the purposes of filing 
        an environmental lien under this subdivision, the term "cleanup 
        action" as used in sections 514.671 to 514.676 includes all of 
        the costs incurred by the commissioner to assess, close, 
        maintain, monitor, and respond to releases at qualified 
        facilities under sections 115B.39 to 115B.46.  Notwithstanding 
        section 514.672, subdivision 4, a lien under this paragraph 
        takes precedence over all other liens on the property regardless 
        of when the other liens were or are perfected.  For the purpose 
        of this subdivision, "owner or operator" has the meaning given 
        it in section 115B.41, subdivision 4.  
           Subd. 6.  [CONTRACTS.] The commissioner shall, to the 
        extent practicable, ensure that contracts for activities or 
        consulting services under this section are entered into with 
        contractors or consultants located within the region where the 
        facility subject to the contracts is located.  The commissioner 
        shall tailor specifications in requests for proposals to the 
        types of activities or services that need to be undertaken at a 
        specific facility or group of facilities located in the same 
        region and shall not include specifications that require 
        specialized expertise or laboratory work not available within 
        the region unless it is necessary to do so to meet the 
        requirements of this section. 
           Subd. 7.  [SEPARATE ACCOUNTING.] The commissioner shall 
        maintain separate accounting for each qualified facility 
        regarding: 
           (1) the amount of financial assurance funds transferred 
        under section 115B.40, subdivisions 4 and 5; and 
           (2) costs of response actions taken at the facility. 
           Subd. 8.  [TRANSFER OF TITLE.] The owner of a qualified 
        facility may, as part of the owner's activities under section 
        115B.40, subdivision 4 or 5, offer to transfer title to all the 
        property described in the facility's most recent permit, 
        including any property adjacent to that property the owner 
        wishes to transfer, to the commissioner.  The commissioner may 
        accept the transfer of title if the commissioner determines that 
        to do so is in the best interest of the state. 
           Subd. 9.  [LAND MANAGEMENT PLANS.] The commissioner shall 
        develop a land use plan for each qualified facility.  All local 
        land use plans must be consistent with a land use plan developed 
        under this subdivision.  Plans developed under this subdivision 
        must include provisions to prevent any use that disturbs the 
        integrity of the final cover, liners, any other components of 
        any containment system, or the function of any monitoring 
        systems unless the commissioner finds that the disturbance: 
           (1) is necessary to the proposed use of the property, and 
        will not increase the potential hazard to human health or the 
        environment; or 
           (2) is necessary to reduce a threat to human health or the 
        environment. 
           Before completing any plan under this subdivision, the 
        commissioner shall consult with the commissioner of finance 
        regarding any restrictions that the commissioner of finance 
        deems necessary on the disposition of property resulting from 
        the use of bond proceeds to pay for response actions on the 
        property, and shall incorporate the restrictions in the plan. 
           Subd. 10.  [REPORT.] By October 1 of each year, the 
        commissioner shall report to the legislative commission on waste 
        management and to the appropriate finance committees of the 
        senate and the house of representatives on the commissioner's 
        activities under sections 115B.39 to 115B.43 and the 
        commissioner's anticipated activities during future fiscal years.
           Subd. 11.  [RULES.] The commissioner may adopt rules 
        necessary to implement sections 115B.39 to 115B.43. 
           Sec. 8.  [115B.414] [THIRD-PARTY CLAIMS; MEDIATION; 
        DEFENSE.] 
           Subdivision 1.  [THIRD-PARTY CLAIMS; DEFINITION.] For the 
        purposes of this section, "third-party claims" means claims made 
        against mixed municipal solid waste generators by a responsible 
        person or group of responsible persons under state or federal 
        law for payment of response costs and related costs at a 
        qualified facility, when the claimant or claimants do not 
        produce evidence, other than statistical or circumstantial 
        evidence, that the persons against whom the claims are made ever 
        arranged for disposal or transported for disposal mixed 
        municipal solid waste containing a hazardous substance or 
        pollutant or contaminant to the facility. 
           Subd. 2.  [MEDIATION.] A third-party claim or group of 
        third-party claims that all arise from the same facility may be 
        submitted to the Minnesota office of dispute resolution for 
        mediation under the Minnesota civil mediation act, sections 
        572.31 to 572.40.  The costs of mediation must be allocated 
        equally between the person or persons against whom the claims 
        are made and the person or persons making the claims. 
           Subd. 3.  [PARTIAL REIMBURSEMENT.] A person or persons 
        against whom one or more third-party claims are made may seek 
        reimbursement from the commissioner of one-half of the costs of 
        mediation allocated to the person or persons under subdivision 
        2.  The commissioner shall reimburse the person or persons that 
        request reimbursement unless the commissioner finds that the 
        mediation was not entered into and conducted in good faith by 
        the person or persons seeking reimbursement. 
           Subd. 4.  [DEFENSE COSTS.] If a person or persons against 
        whom one or more third-party claims are made request the person 
        or persons making the claims to submit the claims to mediation 
        and the claimants refuse to submit to mediation or if the person 
        or persons against whom third-party claims are made enter into 
        and conduct the mediation in good faith but the mediation fails 
        to resolve the claims, the person or persons, in cooperation 
        with other persons against whom third-party claims have been 
        made that arise from the same facility, may retain legal counsel 
        to defend them against the claims and may seek partial 
        reimbursement from the commissioner for reasonable attorney 
        fees.  The commissioner shall provide partial reimbursement for 
        reasonable attorney fees under this subdivision of $75 per hour 
        for a maximum number of hours to be established by the 
        commissioner by rule.  The maximum number of hours for 
        reimbursement must increase as the number of persons who 
        collectively retain legal counsel to defend against related 
        claims increases but need not increase proportionately to the 
        increase in the number of persons seeking collective defense.  
        Under no circumstances may a person or group of persons receive 
        reimbursement of more than 75 percent of their reasonable 
        attorney fees under this subdivision. 
           Sec. 9.  [115B.43] [REIMBURSABLE PARTIES AND EXPENSES.] 
           Subdivision 1.  [GENERALLY.] Environmental response costs 
        at qualified facilities for which a notice of compliance has 
        been issued under section 115B.40, subdivision 7, are 
        reimbursable as provided in this section. 
           Subd. 2.  [REIMBURSABLE PERSONS.] (a) Except as provided in 
        paragraphs (b) to (d), the following persons are eligible for 
        reimbursement under this section: 
           (1) owners or operators, after the owners or operators have 
        agreed to waive all claims for recovery of environmental 
        response costs against any other persons and have agreed to 
        reimburse, on a proportionate basis from each reimbursement 
        received, each person from whom the applicant has collected 
        funds towards reimbursable costs; and 
           (2) persons, other than owners and operators after the 
        persons have agreed to: 
           (i) reimburse, on a proportionate basis from each 
        reimbursement payment received, each person from whom the 
        applicant has collected funds towards reimbursable costs; and 
           (ii) waive all claims for environmental response costs 
        related to the facility and all other qualified facilities, 
        against all other persons. 
           (b) A person is not eligible for reimbursement under this 
        section if the person is an owner or operator who failed to 
        properly close the qualified facility within the time specified 
        in the facility's permit or the solid waste rules in effect at 
        the time the facility stopped accepting waste. 
           (c) A person is not eligible for reimbursement under this 
        section for environmental response costs at a facility if the 
        person's actions relating to a release or threatened release at 
        the facility were in violation of federal or state hazardous 
        waste management laws in effect at the time of those actions. 
           (d) A person is not eligible for reimbursement under this 
        section if, after June 15, 1994, the person files or continues 
        to pursue an action asserting a claim for recovery of 
        environmental response costs relating to a qualified facility, 
        or otherwise seeks contributions for these costs, from another 
        person. 
           Subd. 3.  [REIMBURSABLE EXPENSES.] (a) Environmental 
        response costs are eligible for reimbursement under this section 
        to the extent that they: 
           (1) exceed: 
           (i) for each political subdivision that is an owner or 
        operator of the facility, $250,000; and 
           (ii) for a private owner or operator, or a political 
        subdivision that jointly owned or operated the facility with two 
        or more other political subdivisions under a valid joint powers 
        agreement, $750,000; 
           (2) are documented with billings or other proof of project 
        cost; and 
           (3) if the commissioner finds that they were reasonable and 
        necessary under the circumstances.  The commissioner may request 
        further documentation from those requesting reimbursement if it 
        is necessary in the commissioner's judgment. 
           (b) For owners or operators, the following costs are not 
        reimbursable: 
           (1) costs attributable to normal operations of the facility 
        or to activities required under the facility permit and 
        applicable solid waste rules, including corrective action, 
        closure, postclosure, and contingency action; and 
           (2) the acquisition of real property if required of the 
        owner or operator in order to carry out requirements of the 
        facility permit or applicable solid waste rules. 
           Subd. 4.  [REIMBURSEMENT PLAN.] The commissioner shall 
        prepare a reimbursement plan and present it by October 1, 1995, 
        to the legislative commission on waste management, the chairs of 
        the senate finance committee and environment and natural 
        resources finance division and the committees on ways and means 
        and environment and natural resources finance of the house of 
        representatives, and owners and operators of, and persons 
        subject to a cleanup order at, qualified facilities.  The plan 
        shall identify sites where reimbursement will occur and the 
        estimated dollar amount for each site, and shall set out 
        priorities and payment schedules.  The plan must give first 
        priority for reimbursement to persons who are not owners or 
        operators of qualified facilities. 
           Subd. 5.  [REIMBURSEMENT TIMING.] The commissioner shall 
        not issue reimbursement payments before October 15, 1995.  The 
        commissioner shall not issue reimbursements for expense 
        statements filed after October 15, 1996, and shall approve or 
        deny all reimbursement requests by October 15, 1997.  The 
        commissioner shall fully reimburse all persons eligible for 
        reimbursement no later than six years after the date of notice 
        of compliance for the facility under section 115B.40, 
        subdivision 7. 
           Subd. 6.  [REIMBURSEMENT CEILING.] The commissioner shall 
        not issue reimbursements in an amount exceeding $7,000,000 per 
        fiscal year. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        281.13, is amended to read: 
           281.13 [NOTICE OF EXPIRATION OF REDEMPTION.] 
           Every person holding a tax certificate after expiration of 
        three years, or the redemption period specified in section 
        281.17 if shorter, after the date of the tax sale under which 
        the same was issued, may present such certificate to the county 
        auditor; and thereupon the auditor shall prepare, under the 
        auditor's hand and official seal, a notice, directed to the 
        person or persons in whose name such lands are assessed, 
        specifying the description thereof, the amount for which the 
        same was sold, the amount required to redeem the same, exclusive 
        of the costs to accrue upon such notice, and the time when the 
        redemption period will expire.  If, at the time when any tax 
        certificate is so presented, such lands are assessed in the name 
        of the holder of the certificate, such notice shall be directed 
        also to the person or persons in whose name title in fee of such 
        land appears of record in the office of the county recorder.  
        The auditor shall deliver such notice to the party applying 
        therefor, who shall deliver it to the sheriff of the proper 
        county for service.  Within 20 days after receiving it, the 
        sheriff shall serve such notice upon the persons to whom it is 
        directed, if to be found in the sheriff's county, in the manner 
        prescribed for serving a summons in a civil action; if not so 
        found, then upon the person in possession of the land, and make 
        return thereof to the auditor.  In the case of land held in 
        joint tenancy the notice shall be served upon each joint 
        tenant.  If one or more of the persons to whom the notice is 
        directed cannot be found in the county, and there is no one in 
        possession of the land, of each of which facts the return of the 
        sheriff so specifying shall be prima facie evidence, service 
        shall be made upon those persons that can be found and service 
        shall also be made by two weeks' published notice, proof of 
        which publication shall be filed with the auditor. 
           When the records in the office of the county recorder show 
        that any lot or tract of land is encumbered by an unsatisfied 
        mortgage or other lien, and show the post office address of the 
        mortgagee or lienee, or if the same has been assigned, the post 
        office address of the assignee, the person holding such tax 
        certificate shall serve a copy of such notice upon such 
        mortgagee, lienee, or assignee by certified mail addressed to 
        such mortgagee, lienee, or assignee at the post office address 
        of the mortgagee, lienee, or assignee as disclosed by the 
        records in the office of the county recorder, at least 60 days 
        prior to the time when the redemption period will expire. 
           The notice herein provided for shall be sufficient if 
        substantially in the following form: 
                      "NOTICE OF EXPIRATION OF REDEMPTION 
           Office of the County Auditor 
           County of ......................., State of Minnesota. 
           To .............................. 
           You are hereby notified that the following described piece 
        or parcel of land, situated in the county of 
        ......................., and State of Minnesota, and known and 
        described as follows:  ......... 
        ............................................................ 
        .........., is now assessed in your name; that on the 
        ........................ day of May, ....................., at 
        the sale of land pursuant to the real estate tax judgment, duly 
        given and made in and by the district court in and for said 
        county of ......................................, on the 
        ................................. day of March, .............., 
        in proceedings to enforce the payment of taxes delinquent upon 
        real estate for the year .............. for said county of 
        ........... ......................., the above described piece 
        or parcel of land was sold for the sum of $............., and 
        the amount required to redeem such piece or parcel of land from 
        such sale, exclusive of the cost to accrue upon this notice, is 
        the sum of $............, and interest at the rate of 
        ............... percent per annum from said 
        ............................. day of ......................, 
        ..................., to the day such redemption is made, and 
        that the tax certificate has been presented to me by the holder 
        thereof, and the time for redemption of such piece or parcel of 
        land from such sale will expire 60 days after the service of 
        this notice and proof thereof has been filed in my office. 
           Witness my hand and official seal this 
        ............................  day of ................, 
        ................. 
           ................. 
           (OFFICIAL SEAL) 
           County Auditor of 
           ...................... County, Minnesota." 
           Sec. 11.  Minnesota Statutes 1992, section 281.17, is 
        amended to read: 
           281.17 [PERIOD FOR REDEMPTION.] 
           The period of redemption for all lands sold to the state at 
        a tax judgment sale shall be three years from the date of sale 
        to the state of Minnesota if the land is within an incorporated 
        area unless it is:  (a) nonagricultural homesteaded land as 
        defined in section 273.13, subdivision 22; (b) homesteaded 
        agricultural land as defined in section 273.13, subdivision 23, 
        paragraph (a); or (c) seasonal recreational land as defined in 
        section 273.13, subdivision 22, paragraph (c), or 25, paragraph 
        (c), clause (5), for which the period of redemption is five 
        years from the date of sale to the state of Minnesota. 
           The period of redemption for homesteaded lands as defined 
        in section 273.13, subdivision 22, located in a targeted 
        neighborhood as defined in Laws 1987, chapter 386, article 6, 
        section 4, and sold to the state at a tax judgment sale is three 
        years from the date of sale.  The period of redemption for all 
        lands located in a targeted neighborhood as defined in Laws 
        1987, chapter 386, article 6, section 4, except (1) homesteaded 
        lands as defined in section 273.13, subdivision 22, and (2) for 
        periods of redemption beginning after June 30, 1991, but before 
        July 1, 1996, lands located in the Loring Park targeted 
        neighborhood on which a notice of lis pendens has been served, 
        and sold to the state at a tax judgment sale is one year from 
        the date of sale. 
           The period of redemption for all real property constituting 
        a mixed municipal solid waste disposal facility that is a 
        qualified facility under section 115B.39, subdivision 1, is one 
        year from the date of the sale to the state of Minnesota. 
           The period of redemption for all other lands sold to the 
        state at a tax judgment sale shall be five years from the date 
        of sale, except that the period of redemption for nonhomesteaded 
        agricultural land as defined in section 273.13, subdivision 23, 
        paragraph (b), shall be two years from the date of sale if at 
        that time that property is owned by a person who owns one or 
        more parcels of property on which taxes are delinquent, and the 
        delinquent taxes are more than 25 percent of the prior year's 
        school district levy. 
           Sec. 12.  [EFFECTIVE DATES.] 
           Sections 1 to 7 and 9 are effective June 1, 1994.  Sections 
        10 and 11 are effective for taxes deemed delinquent after 
        December 31, 1994. 
                                   ARTICLE 2
           Section 1.  [115B.44] [INVESTIGATION AND PURSUIT OF 
        INSURANCE CLAIMS.] 
           Subdivision 1.  [COMMISSIONER TO INVESTIGATE.] The 
        commissioner may conduct investigations to identify responsible 
        persons at qualified facilities.  At the commissioner's request, 
        a responsible person identified under this subdivision shall 
        provide the commissioner with a copy of all applicable 
        comprehensive general liability insurance policies, 
        certificates, or other evidence of insurance coverage held while 
        the person engaged in actions making the person a potential 
        responsible person; take any actions necessary to preserve the 
        person's rights to payment or defense under the policies; 
        cooperate with the commissioner in asserting claims; and, within 
        60 days of the commissioner's request, assign only those rights 
        under the policies related to environmental response costs at or 
        related to qualified facilities.  The commissioner may not 
        request assignment of rights under this subdivision before May 
        1, 1996. 
           Subd. 2.  [ATTORNEY GENERAL TO PURSUE ASSIGNED CLAIMS.] The 
        attorney general shall pursue available insurance claims under 
        rights assigned under subdivision 1 or section 115B.40 and may 
        contract for legal services for this purpose.  All money 
        recovered under this subdivision must be credited to the 
        landfill cleanup account. 
           Sec. 2.  [115B.45] [VOLUNTARY BUY-OUT FOR INSURERS.] 
           In full satisfaction of any rights assigned to the state 
        under sections 115B.40 and 115B.44, an insurer may tender to the 
        commissioner before January 1, 1998, the voluntary buy-out 
        amount calculated under section 115B.46.  In consideration of 
        the amount tendered to the commissioner, an insurer shall be 
        released by the state from liability for defense or 
        indemnification relating to environmental response costs 
        incurred by the commissioner at qualified facilities, except 
        that no liability protection exists under this section until the 
        commissioner has received buy-out commitments totaling 
        $30,000,000.  Any amounts received by the commissioner must be 
        credited to the landfill cleanup account. 
           Sec. 3.  [115B.46] [VOLUNTARY BUY-OUT AMOUNT.] 
           Subdivision 1.  [CALCULATION.] The voluntary buy-out amount 
        for an insurer must be calculated in accordance with this 
        section. 
           Subd. 2.  [VOLUNTARY BUY-OUT SHARE.] An insurer's 
        unadjusted voluntary buy-out share is equal to that insurer's 
        combined Minnesota written premium for the commercial multiperil 
        line of insurance for calendar years 1970 through 1973, the 
        liability other than auto line for calendar years 1970 and 1971, 
        and the miscellaneous liability line for calendar years 1972 and 
        1973, as defined by the National Association of Insurance 
        Commissioners' annual statement instructions during the 
        applicable periods, divided by the aggregate written premium for 
        all insurers for these lines during these same time periods.  
        The commissioner of commerce shall calculate the unadjusted 
        shares for individual insurers from data published by A.M. Best 
        for the applicable periods.  The commissioner shall advise each 
        insurer with an unadjusted share calculated pursuant to this 
        subdivision of the amount of their unadjusted share.  The 
        commissioner shall also request from the insurers data to 
        support an adjustment under subdivision 3.  The commissioner 
        shall so advise insurers by May 1, 1996. 
           Subd. 3.  [ADJUSTMENTS.] An insurer may adjust its share by 
        providing the commissioner of commerce with evidence that the 
        insurer's Minnesota written premium liability other than auto 
        written premium for calendar years 1970 and 1971 and 
        miscellaneous liability for calendar years 1972 and 1973 
        included professional or medical malpractice insurance written 
        premiums.  The evidence may be provided by written documents or 
        electronically imaged and reproduced documents, contemporaneous 
        with the period of the adjustment, reflecting the insurer's 
        professional or medical malpractice insurance written premium 
        for these periods.  The evidence may include an affidavit from 
        an officer of the insurer testifying to the veracity of the 
        data.  An insurer's share must be adjusted by the amount of the 
        insurer's professional or medical malpractice insurance 
        Minnesota written premium for calendar years 1970 through 1973 
        subtracted from the insurer's aggregate liability other than 
        auto and miscellaneous liability written premium for calendar 
        years 1970 through 1973.  The commissioner of commerce shall 
        reduce the aggregate liability other than auto and miscellaneous 
        liability written premium for all insurers by the amount of 
        total adjustments for all insurers under this subdivision prior 
        to the final calculation of each insurer's share.  The 
        commissioner shall recalculate each insurer's share using the 
        method provided in subdivision 1 subject to the adjustment 
        provided by this subdivision. 
           Subd. 4. [CREDITS.] An insurer may receive a credit of 25 
        percent for each of the calendar years 1970, 1971, 1972, and 
        1973 that the insurer can demonstrate that sudden and accidental 
        qualified pollution exclusions were endorsed to or included in 
        all its comprehensive general liability insurance policies 
        issued during these years.  To support a claim for credits under 
        this subdivision, an insurer may provide the commissioner of 
        commerce with an affidavit from an officer or former officer 
        testifying as to the business practice of the insurer during the 
        year or years in question.  An insurer may obtain a 25 percent 
        credit for each of the years 1970, 1971, 1972, and 1973 that the 
        exclusions were endorsed to or included in these policies. 
           Subd. 5.  [FINAL CALCULATION.] An insurer's voluntary 
        buy-out amount is equal to the multiplication of the insurer's 
        adjusted share by $90,000,000 minus the amount of the insurer's 
        credits under subdivision 4.  The commissioner of commerce shall 
        notify each insurer of its buy-out amount calculated under this 
        section by September 30, 1996.  An insurer that elects to buy 
        out under this section may pay the amount calculated under this 
        subdivision in ten equal annual installments. 
           Subd. 6.  [NONPUBLIC DATA.] All information obtained by the 
        commissioner of commerce from insurers under this section is 
        nonpublic data under section 13.02, subdivision 9. 
           Subd. 7.  [HEARING.] An insurer who disagrees with the 
        calculation of its voluntary buy-out amount may request that the 
        commissioner of commerce reconsider.  An insurer requesting 
        reconsideration shall supply the commissioner with information 
        that supports the insurer's position within 30 days of receipt 
        of the notification under subdivision 4.  The commissioner shall 
        reconsider the insurer's calculation based upon the information 
        supplied within 30 days of receipt of the information.  An 
        insurer may appeal the decision of the commissioner as a 
        contested case under chapter 14. 
           Subd. 8.  [MINIMUM AMOUNT.] An insurer's voluntary buy-out 
        amount may not be less than $200,000. 
           Subd. 9.  [RULES.] The commissioner of commerce may adopt 
        rules to implement this section. 
           Sec. 4.  [FEDERAL INSURANCE TRUST FUND.] 
           The commissioner of the pollution control agency shall 
        monitor developments relating to the establishment of a federal 
        insurance trust fund, or a similar fund, as part of the 
        reauthorization of the Comprehensive Environmental Response, 
        Compensation and Liability Act of 1980, as amended, United 
        States Code, title 42, section 9601 et seq., and shall take 
        actions, including communicating with Congress and the United 
        States Environmental Protection Agency, to maximize the amount 
        of money available from the federal fund for payments relating 
        to mixed municipal solid waste disposal facilities in this 
        state.  By January 15, 1995, the commissioner shall submit to 
        the legislative commission on waste management, the senate 
        environment and natural resources finance division, and the 
        house committee on environment and natural resources finance a 
        report containing: 
           (1) a summary of federal developments and the 
        commissioner's actions under this section; and 
           (2) any recommendations for legislation. 
           Sec. 5.  [VOLUNTARY INSURANCE BUY-OUT PROGRAM; EVALUATION 
        AND RECOMMENDATIONS BY ATTORNEY GENERAL.] 
           (a) The attorney general shall evaluate the voluntary 
        insurance buy-out program established in sections 115B.45 and 
        115B.46 in light of the legislature's intent to maximize the net 
        revenue to the state under the program.  By January 15, 1996, 
        the attorney general shall report on the evaluation to the 
        legislative commission on waste management and the appropriate 
        committees of the legislature.  The report must include: 
           (1) recommendations on changes to the program, including 
        any recommendations for changes to the years to be considered in 
        calculating the voluntary buy-out amount under section 115B.46, 
        subdivision 2; the adjustments and credits allowed under section 
        115B.46, subdivisions 3 and 4; the $90,000,000 amount in section 
        115B.46, subdivision 5; and any other element of the program; 
        and 
           (2) a detailed explanation of the process by which the 
        attorney general's recommendations, if any, were formulated, 
        including a summary of the comments of each of the entities 
        listed in paragraph (b). 
           (b) In preparing the report, the attorney general shall 
        consult with: 
           (1) representatives of the department of commerce and the 
        pollution control agency; 
           (2) representatives of insurers at the state and national 
        levels; and 
           (3) representatives of insureds. 
           (c) The attorney general may request of any person, 
        including an insurer, any documents, records, or other 
        information that the attorney general deems necessary to perform 
        its responsibilities under this section.  A person, including an 
        insurer, shall comply with such requests of the attorney general 
        within the time specified in the request, or, if no time is 
        specified, within 30 days of the mailing of the request by the 
        attorney general.  In the case of a refusal to comply with a 
        request for information under this section, the attorney general 
        may apply to the district court for an order directing the 
        person to comply with the request.  A person shall not be 
        required to provide any information that is subject to the 
        attorney-client privilege or work product privilege.  An insurer 
        shall not be required to provide information specific to a 
        particular insured unless the attorney general deems such 
        information necessary to confirm summary information provided by 
        an insurer.  With respect to information obtained under this 
        paragraph that is specific to a particular insured, the attorney 
        general shall, pursuant to standard legal practice, take steps 
        necessary to assure that such information is not discussed with, 
        or available to, any attorney general staff involved in 
        evaluating or pursuing assigned claims under section 115B.44, 
        subdivision 2.  Nothing in this paragraph prevents the attorney 
        general from independently obtaining the information as 
        otherwise allowed by law to evaluate or pursue assigned claims 
        under section 115B.44, subdivision 2. 
           (d) Upon request of the attorney general, the commissioners 
        of the pollution control agency and commerce shall cooperate 
        with the attorney general in carrying out the authority under 
        this section. 
           Sec. 6.  [APPROPRIATION.] 
           $150,000 is appropriated from the landfill cleanup account 
        to the attorney general for the purposes of sections 1 and 5. 
           Sec. 7.  [EFFECTIVE DATE.] 
           Section 1, subdivision 2, is effective January 1, 1997. 
                                   ARTICLE 3
           Section 1.  Minnesota Statutes 1992, section 115B.42, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [ESTABLISHMENT; APPROPRIATION; SEPARATE 
        ACCOUNTING.] (a) The landfill cleanup account is established in 
        the environmental fund in the state treasury .  The account 
        consists of money credited to the account and interest earned on 
        the money in the account.  Except as provided in section 
        115B.42, subdivision 2, clause (9), money in the account is 
        annually appropriated to the commissioner for the purposes 
        listed in subdivision 2. 
           (b) The commissioner of finance shall separately account 
        for revenue deposited in the account from financial assurance 
        funds or other mechanisms, the metropolitan landfill contingency 
        action trust fund, and all other sources of revenue. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        115B.42, subdivision 2, is amended to read: 
           Subd. 2.  [EXPENDITURES.] Subject to appropriation, (a) 
        Money in the account may be spent for by the commissioner to: 
           (1) inspection of inspect permitted mixed municipal solid 
        waste disposal facilities to: 
           (i) evaluate the adequacy of final cover, slopes, 
        vegetation, and erosion control; 
           (ii) determine the presence and concentration of hazardous 
        substances, pollutants or contaminants, and decomposition gases; 
        and 
           (iii) determine the boundaries of fill areas; and 
           (2) response actions at mixed municipal solid waste 
        disposal facilities under this chapter. 
           (2) monitor and take, or reimburse others for, 
        environmental response actions, including emergency response 
        actions, at qualified facilities; 
           (3) acquire and dispose of property under section 115B.412, 
        subdivision 3; 
           (4) recover costs under sections 115B.39 and 115B.46; 
           (5) administer, including providing staff and 
        administrative support for, sections 115B.39 to 115B.46; 
           (6) enforce sections 115B.39 to 115B.46; 
           (7) subject to appropriation, administer the agency's 
        groundwater and solid waste management programs; 
           (8) reimburse persons under section 115B.43; and 
           (9) reimburse mediation expenses up to a total of $250,000 
        annually or defense costs up to a total of $250,000 annually for 
        third-party claims for response costs under state or federal law 
        as provided in section 115B.414. 
           Sec. 3.  Minnesota Statutes 1993 Supplement, section 
        116.07, subdivision 10, is amended to read: 
           Subd. 10.  [SOLID WASTE ASSESSMENTS.] (a) For the purposes 
        of this subdivision, "assessed waste" means mixed municipal 
        solid waste as defined in section 115A.03, subdivision 21, 
        infectious waste as defined in section 116.76, subdivision 12, 
        pathological waste as defined in section 116.76, subdivision 14, 
        industrial waste as defined in section 115A.03, subdivision 13a, 
        and construction debris as defined in section 115A.03, 
        subdivision 7. 
           (b) A person that collects mixed municipal solid assessed 
        waste shall collect and remit to the commissioner of revenue a 
        solid waste assessment from each of the person's customers as 
        provided in paragraphs (b) (c) and (c) (d). 
           (b) (c) The amount of the assessment for each residential 
        customer is $2 per year.  Each waste collector shall collect the 
        assessment annually from each residential customer that is 
        receiving waste collection service on July 1 of each year and 
        shall remit the amount collected along with the collector's 
        first remittance of the sales tax on solid waste collection 
        services, described in section 297A.45, made after October 1 of 
        each year.  Any amount of the assessment that is received by the 
        waste collector after October 1 of each year must be remitted 
        along with the collector's next remittance of sales tax after 
        receipt of the assessment. 
           (c) (d) The amount of the assessment for each 
        nonresidential customer is 12 60 cents per noncompacted cubic 
        yard of periodic waste collection capacity purchased by the 
        customer.  Each waste collector shall collect the assessment 
        from each nonresidential customer as part of each statement for 
        payment of waste collection charges and shall remit the amount 
        collected along with the next remittance of sales tax after 
        receipt of the assessment. 
           (d) (e) A person who transports assessed waste generated by 
        that person or by another person without compensation shall pay 
        an assessment of 60 cents per noncompacted cubic yard or the 
        equivalent to the operator of the facility to which the waste is 
        delivered.  The operator shall remit the assessments collected 
        under this paragraph to the commissioner of revenue as though 
        they were sales taxes under chapter 297A.  This paragraph does 
        not apply to a person who transports industrial waste generated 
        by that person to a facility owned and operated by that person. 
           (f) The commissioner of revenue shall redesign sales tax 
        forms for solid waste collectors to accommodate payment of the 
        assessment.  The commissioner of revenue shall deposit The 
        amounts remitted under this subdivision in the environmental 
        fund and shall credit four-sevenths of the receipts must be 
        deposited in the state treasury and credited to the landfill 
        cleanup account established in section 115B.42. 
           (e) (g) For the purposes of this subdivision, a "person 
        that collects mixed municipal solid waste" means each person 
        that pays is required to pay sales tax on solid waste collection 
        services under section 297A.45, or would pay sales tax under 
        that section if the assessed waste was mixed municipal solid 
        waste. 
           (f) (h) The audit, penalty, enforcement, and administrative 
        provisions applicable to taxes imposed under chapter 297A apply 
        to the assessments imposed under this subdivision. 
           (i) If less than $25,000,000 is projected to be available 
        in any fiscal year after fiscal year 1996 for expenditure from 
        all sources for landfill cleanup and reimbursement costs under 
        sections 115B.39 to 115B.46, by April 1 before the next fiscal 
        year in which the shortfall is projected the agency shall 
        certify to the commissioner of revenue the amount of the 
        shortfall.  To provide for the shortfall, the commissioner of 
        revenue shall increase the assessment under paragraphs (d) and 
        (e) effective the following July 1 and provide notice of the 
        increased assessment to affected waste generators by May 1 
        following certification. 
           Sec. 4.  [APPROPRIATION; TRANSFER.] 
           Subdivision 1.  [APPROPRIATION.] $90,000,000 is 
        appropriated from the bond proceeds fund to the commissioner of 
        the pollution control agency for capital costs of environmental 
        response actions at eligible facilities. 
           Subd. 2.  [TRANSFER.] The balance in the metropolitan 
        landfill contingency action trust fund established under 
        Minnesota Statutes, section 473.845, on the effective date of 
        this section is transferred to the landfill cleanup account 
        established under Minnesota Statutes, section 115B.42. 
           Sec. 5.  [BOND SALE.] 
           (a) To provide the money appropriated in this act from the 
        state bond proceeds fund, the commissioner of finance, on 
        request of the governor, shall sell and issue bonds of the state 
        in an amount up to $90,000,000 in the manner, upon the terms, 
        and with the effect prescribed by Minnesota Statutes, sections 
        16A.631 to 16A.675, the Minnesota Constitution, article XI, 
        sections 4 to 7, and paragraph (b). 
           (b) Bonds may not be issued under this section in total 
        amounts exceeding the following: 
           (1) by June 30, 1996, $10,000,000; 
           (2) by June 30, 1998, $35,000,000; 
           (3) by June 30, 2000, $55,000,000; and 
           (4) by June 30, 2002, $75,000,000. 
           Sec. 6.  [EFFECTIVE DATE] 
           Section 3 is effective January 1, 1995. 
                                   ARTICLE 4
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        115B.178, subdivision 1, is amended to read: 
           Subdivision 1.  [DETERMINATION.] (a) 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, loans secured by 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). 
           (b) If a person requesting a determination proposes to take 
        response actions at real property, the commissioner may also 
        issue a determination under paragraph (a) that certain actions 
        taken in the past at the real property did not constitute 
        conduct associating the person with the release or threatened 
        release for purposes of section 115B.03, subdivision 3, clause 
        (d).  Any such determination shall be limited to the represented 
        facts of the past actions and shall not apply to actions that 
        are not represented or disclosed.  The determination may be 
        subject to such other terms and conditions as the commissioner 
        deems reasonable. 
           Sec. 2.  Minnesota Statutes 1992, section 115C.03, 
        subdivision 9, is amended to read: 
           Subd. 9.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
        OVERSIGHT.] (a) The commissioner may, upon request:  
           (1) assist in determining whether a release has occurred; 
        and 
           (2) assist in or supervise the development and 
        implementation of reasonable and necessary response corrective 
        actions.  
           (b) Assistance may include review of agency records and 
        files and review and approval of a requester's investigation 
        plans and reports and corrective action plans and implementation.
           (c) Assistance may include the issuance of a written 
        determination that an owner or prospective buyer of real 
        property will not be a responsible person under section 
        115C.021, if the commissioner finds the release came from a tank 
        not located on the property.  The commissioner may also issue a 
        written confirmation that the real property was the site of a 
        release and that the tank from which the release occurred has 
        been removed or that the agency has issued a site closure letter 
        and has not revoked that status.  The issuance of the written 
        determination or confirmation applies to tanks not on the 
        property or removed only, and does not affect liability for 
        releases from tanks that are on the property at the time of 
        purchase.  The written determination or confirmation extends to 
        the successors and assigns of the person to whom it originally 
        applied, if the successors and assigns are not otherwise 
        responsible for the release. 
           (c) (d) The person requesting assistance under this 
        subdivision shall pay the agency for the agency's cost, as 
        determined by the commissioner, of providing assistance.  Money 
        received by the agency for assistance under this subdivision 
        must be deposited in the state treasury and credited to the 
        account. 
                                   ARTICLE 5
           Section 1.  Minnesota Statutes 1992, section 115A.055, is 
        amended to read: 
           115A.055 [OFFICE OF WASTE MANAGEMENT ENVIRONMENTAL 
        ASSISTANCE.] 
           The office of waste management environmental assistance is 
        an agency in the executive branch headed by a director appointed 
        by the governor commissioner of the pollution control agency, 
        with the advice and consent of the senate, to serve in the 
        unclassified service.  The director may appoint two assistant 
        directors in the unclassified service and may appoint other 
        employees, as needed, in the classified service.  The office is 
        a department of the state only for purposes of section 16B.37, 
        subdivision 2. 
           Sec. 2.  [OFFICE OF ENVIRONMENTAL ASSISTANCE; RETURN AND 
        TRANSFER OF RESPONSIBILITIES.] 
           (a) The personnel, powers, duties, and furniture and 
        equipment of the office of waste management transferred from it 
        by reorganization order number 169 under Minnesota Statutes, 
        section 16B.37, are hereby transferred to the office of 
        environmental assistance subject to Minnesota Statutes, section 
        16B.37, subdivision 3. 
           (b) The solid and hazardous waste management personnel, 
        powers, and duties of the metropolitan council under Minnesota 
        Statutes, chapters 115A and 473, are transferred from the 
        council to the office of environmental assistance subject to 
        Minnesota Statutes, section 16B.37, subdivision 3. 
           (c) By February 15, 1995, the legislative commission on 
        waste management shall propose legislation to conform existing 
        statutes to the transfer in paragraph (b). 
           (d) Employees of the metropolitan council currently 
        performing the duties under Minnesota Statutes, sections 
        473.149, 473.151, and 473.801 to 473.849 shall be given the 
        option of filling positions to perform these duties at the 
        office of environmental assistance.  Employees so transferred 
        shall not suffer a reduction in salary as a result of the 
        transfer to state employment.  For job seniority and benefit 
        calculation purposes, the date of first employment with the 
        state is the date on which services were first performed by the 
        employee for the metropolitan council.  Any sick leave, vacation 
        time, or severance pay benefits accumulated by the affected 
        employees under the policies of the metropolitan council shall 
        carry over to state service.  For positions transferred from the 
        metropolitan council to the office of waste management, the 
        commissioner of employee relations shall determine which 
        positions are to be placed in the classified service and which 
        are to be placed in the unclassified service, in accordance with 
        Minnesota Statutes, chapter 43A.  The commissioner shall 
        allocate positions to appropriate classes in the state 
        classification plan.  Positions transferred with their 
        incumbents do not create vacancies in state service.  Employees 
        transferred to unlimited classified positions are transferred to 
        state service without examination.  Employees transferred to 
        unclassified positions must receive unclassified appointments 
        under the provisions of Minnesota Statutes, chapter 43A.  The 
        commissioner of employee relations shall provide employees of 
        the metropolitan council who are transferred to the office of 
        waste management open enrollment in all state employee health 
        and dental insurance plans with no limitation on preexisting 
        conditions except as specified in existing state employee 
        certificates of coverage.  The commissioner of employee 
        relations shall provide employees of the metropolitan council 
        who are transferred to the office of waste management the 
        opportunity to purchase optional life and disability insurance 
        in amounts equivalent to amounts previously purchased by a 
        transferred employee or provided by the employer. 
           Sec. 3.  [INSTRUCTION TO REVISOR.] 
           The revisor of statutes shall make the following changes, 
        with appropriate stylistic corrections, in Minnesota Statutes 
        1994 and subsequent editions of the statutes: 
           (1) change the words "office of waste management" and 
        "office" to "director" and change "its," when it refers to the 
        office of waste management, to "the director's" in Minnesota 
        Statutes, sections 115A.06, subdivisions 13 and 14; 115A.072; 
        115A.152; 115A.154; 115A.156; 115A.165; 115A.45; 115A.48; 
        115A.51; 115A.52; 115A.54, subdivision 3; 115A.541; 115A.55; 
        115A.551; 115A.552; 115A.553; 115A.557; 115A.58; 115A.59; 
        115A.63; 115A.64; 115A.66; 115A.71; 115A.72; 115A.84; 115A.86; 
        115A.9162; 115A.917; 115A.961; 115A.97; and 115A.991; 
           (2) change the word "reviewing authority" to "director" in 
        Minnesota Statutes, sections 115A.83, subdivision 2; 115A.84, 
        subdivisions 4 and 5; 115A.86, subdivisions 2, 3, and 5; 
        115A.87; 115A.89; 115A.893, subdivisions 3 and 4; 
           (3) change the word "its," when it refers to the reviewing 
        authority, to "the director's" in Minnesota Statutes, sections 
        115A.84, subdivision 4, paragraph (c); and 115A.89, clause (3); 
           (4) change the word "it" to "the director" in Minnesota 
        Statutes, section 115A.84, subdivision 4, paragraphs (a) and 
        (c); 
           (5) delete the words "the office or" and delete "acting on 
        behalf of the office" in Minnesota Statutes, section 115A.06, 
        subdivisions 8 to 10; 
           (6) change the word "board" to "director" in Minnesota 
        Statutes, section 115A.97, subdivision 5; 
           (7) delete the word "office" in Minnesota Statutes, section 
        115A.551, subdivision 7; and 
           (8) change the words "waste management" to "environmental 
        assistance" in Minnesota Statutes, sections 115A.03, 
        subdivisions 8a and 22a; 115D.03, subdivision 4; and 116C.03, 
        subdivision 2. 
                                   ARTICLE 6 
           Section 1.  Minnesota Statutes 1992, section 116G.15, is 
        amended to read: 
           116G.15 [MISSISSIPPI RIVER CRITICAL AREA.] 
           The federal Mississippi National River and Recreation Area 
        established pursuant to United States Code, title 16, section 
        460zz-2(k), is designated an area of critical concern in 
        accordance with this chapter.  The governor shall review the 
        existing Mississippi river critical area plan and specify any 
        additional standards and guidelines to affected communities in 
        accordance with section 116G.06, subdivision 2, paragraph (b), 
        clauses (3) and (4), needed to insure preservation of the area 
        pending the completion of the federal plan. 
           The results of an environmental impact statement prepared 
        under chapter 116D and completed after the effective date of 
        this section for a proposed project that is located in the 
        Mississippi river critical area north of the United States Army 
        Corps of Engineers lock and dam number one must be submitted in 
        a report to the chairs of the environment and natural resources 
        policy and finance committees of the house of representatives 
        and the senate prior to the issuance of any state or local 
        permits and the authorization for an issuance of any bonds for 
        the project.  A report made under this paragraph must list 
        alternatives to the project that are environmentally superior to 
        the proposed project and identify any legislative actions that 
        may assist in the implementation of environmentally superior 
        alternatives.  This paragraph does not apply to a proposed 
        project to be carried out by the metropolitan council or a 
        metropolitan agency as defined in section 473.121. 
           Sec. 2.  [116G.151] [REQUIRED ENVIRONMENTAL ASSESSMENT 
        WORKSHEET; FACILITIES IN MISSISSIPPI RIVER AREA.] 
           (a) Until completion of an environmental assessment 
        worksheet that complies with the rules of the environmental 
        quality board and this section, a state or local agency may not 
        issue a permit for construction or operation of a metal 
        materials shredding project with a processing capacity in excess 
        of 20,000 tons per month that would be located in the 
        Mississippi river critical area, as described in section 
        116G.15, upstream from United States Corps of Engineers Lock and 
        Dam Number One. 
           (b) The pollution control agency is the responsible 
        governmental unit for the preparation of an environmental 
        assessment worksheet required under this section.  
           (c) In addition to the contents required under law and 
        rule, an environmental assessment worksheet completed under this 
        section must also include the following major categories: 
           (1) effects of operation of the project, including 
        vibrations and airborne particulates and dust, on the 
        Mississippi river; 
           (2) effects of operation of the project, including 
        vibrations and airborne particulates and dust, on adjacent 
        businesses and on residents and neighborhoods; 
           (3) effects of operation of the project on barge and street 
        traffic; 
           (4) discussion of alternative sites considered by the 
        project proposer for the proposed project, possible design 
        modifications including site layout, and the magnitude of the 
        project; 
           (5) mitigation measures that could eliminate or minimize 
        any adverse environmental effects of the proposed project; 
           (6) impact of the proposed project on the housing, park, 
        and recreational use of the river; 
           (7) effects of waste and implication of the disposal of 
        waste generated from the proposed project; 
           (8) effects on water quality from the project operations, 
        including wastewater generated from operations of the proposed 
        project; 
           (9) potential effects from fugitive emissions, fumes, dust, 
        noise, and vibrations from project operations; 
           (10) compatibility of the existing operation and proposed 
        operation with other existing uses; 
           (11) the report of the expert required by paragraph (g).  
           (d) In addition to the publication and distribution 
        provisions relating to environmental assessment worksheets under 
        law and rule, notice of environmental assessment worksheets 
        performed by this section shall also be published in a newspaper 
        of general circulation as well as community newspapers in the 
        affected neighborhoods. 
           (e) A public meeting in the affected communities must be 
        held on the environmental assessment worksheet prepared under 
        this section.  After the public meeting on the environmental 
        assessment worksheet, there must be an additional 30-day period 
        for review and comment on the environmental assessment worksheet.
           (f) If the pollution control agency determines that 
        information necessary to make a reasonable decision about 
        potential of significant environmental impacts is insufficient, 
        the agency shall make a positive declaration and proceed with an 
        environmental impact statement. 
           (g) The pollution control agency shall retain an expert in 
        the field of toxicology who is capable of properly analyzing the 
        potential effects and content of any airborne particulates, 
        fugitive emissions, and dust that could be produced by a metal 
        materials shredding project.  The pollution control agency shall 
        obtain any existing reports or documents from a governmental 
        entity or project proposer that analyzes or evaluates the 
        potential hazards of airborne particulates, fugitive emissions, 
        or dust from the construction or operation of a metal materials 
        shredding project in preparing the environmental assessment 
        worksheet.  The agency and the expert shall prepare, as part of 
        the report, a risk assessment of the types of metals permitted 
        to be shredded as compared to the types of materials that are 
        likely to processed at the facility.  In performing the risk 
        assessment, the agency and the expert must consider any actual 
        experience at similar facilities.  The report must be included 
        as part of the environmental assessment worksheet.  
           (h) If the pollution control agency determines that under 
        the rules of the environmental quality board an environmental 
        impact statement should be prepared, the pollution control 
        agency shall be the responsible governmental unit for 
        preparation of the environmental impact statement. 
           Sec. 3.  [APPROPRIATION.] 
           $75,000 is appropriated in fiscal year 1995 from the 
        general fund to the commissioner of the pollution control agency 
        to hire the consultant required under section 2, and to prepare 
        the environmental assessment worksheet required by section 2.  
        The proposer will bear all other costs associated with the 
        preparation of the environmental assessment worksheet. 
           Presented to the governor May 6, 1994 
           Signed by the governor May 10, 1994, 4:40 p.m.