Minnesota Session Laws - 1995, Regular Session

                            CHAPTER 182-H.F.No. 1377 
                  An act relating to agriculture; clarifying certain 
                  procedures for agricultural chemical response 
                  reimbursement; amending Minnesota Statutes 1994, 
                  sections 18E.02, by adding a subdivision; and 18E.04, 
                  subdivisions 2 and 4. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1994, section 18E.02, is 
        amended by adding a subdivision to read: 
           Subd. 6.  [SINGLE SITE.] "Single site" for purposes of 
        chapter 18E means all land and water areas, including air space, 
        and all plants, animals, structures, buildings, contrivances, 
        and machinery whether fixed or mobile including anything used 
        for transportation within a one-half mile radius of a discovered 
        or reported incident where agricultural chemical handling, 
        storage, disposal, and distribution activities have occurred or 
        are now occurring. 
           Sec. 2.  Minnesota Statutes 1994, section 18E.04, 
        subdivision 2, is amended to read: 
           Subd. 2.  [PAYMENT OF CORRECTIVE ACTION COSTS.] (a) On 
        request by an eligible person, the board may pay the eligible 
        person for the reasonable and necessary cash disbursements for 
        corrective action costs incurred by the eligible person as 
        provided under subdivision 4 if the board determines: 
           (1) the eligible person pays the first $1,000 of the 
        corrective action costs; 
           (2) the eligible person provides the board with a sworn 
        affidavit and other convincing evidence that the eligible person 
        is unable to pay additional corrective action costs; 
           (3) the eligible person continues to assume responsibility 
        for carrying out the requirements of corrective action orders 
        issued to the eligible person or that are in effect; and 
           (4) the incident was reported as required in chapters 18B, 
        18C, and 18D.  
           (b) An eligible person is not eligible for payment or 
        reimbursement and must refund amounts paid or reimbursed by the 
        board if false statements or misrepresentations are made in the 
        affidavit or other evidence submitted to the commissioner to 
        show an inability to pay corrective action costs.  
           (c)  The board may pay the eligible person and one or more 
        designees by multiparty check. 
           Sec. 3.  Minnesota Statutes 1994, section 18E.04, 
        subdivision 4, is amended to read: 
           Subd. 4.  [REIMBURSEMENT PAYMENTS.] (a) The board shall pay 
        a person that is eligible for reimbursement or payment under 
        subdivisions 1, 2, and 3 from the agricultural chemical response 
        and reimbursement account for:  
           (1) 90 percent of the total reasonable and necessary 
        corrective action costs greater than $1,000 and less than or 
        equal to $100,000; and 
           (2) 100 percent of the total reasonable and necessary 
        corrective action costs greater than $100,000 but less than or 
        equal to $200,000.  
           (b) A reimbursement or payment may not be made until the 
        board has determined that the costs are reasonable and are for a 
        reimbursement of the costs that were actually incurred. 
           (c) The board may make periodic payments or reimbursements 
        as corrective action costs are incurred upon receipt of invoices 
        for the corrective action costs. 
           (d) Money in the agricultural chemical response and 
        reimbursement account is appropriated to the commissioner to 
        make payments and reimbursements directed by the board under 
        this subdivision.  
           (e) The board may not make reimbursement greater than the 
        maximum allowed under paragraph (a) for all incidents on a 
        single site which: 
           (1) were not reported at the time of release but were 
        discovered and reported after July 1, 1989; and 
           (2) may have occurred prior to July 1, 1989, as determined 
        by the commissioner. 
           (f) The board may only reimburse an eligible person for 
        separate incidents within a single site if the commissioner 
        determines that each incident is completely separate and 
        distinct in respect of location within the single site or time 
        of occurrence. 
           Presented to the governor May 16, 1995 
           Signed by the governor May 18, 1995, 11:40 a.m.