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Office of the Revisor of Statutes

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

                            CHAPTER 325-S.F.No. 3054 
                  An act relating to the environment; modifying 
                  provisions relating to petrofund contractors and 
                  consultants; modifying application requirements for 
                  certain petrofund reimbursements; amending Minnesota 
                  Statutes 2000, sections 115C.02, subdivisions 5a, 5b; 
                  115C.11; Minnesota Statutes 2001 Supplement, section 
                  115C.09, subdivision 1. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 2000, section 115C.02, 
        subdivision 5a, is amended to read: 
           Subd. 5a.  [CONSULTANT.] "Consultant" means an individual, 
        partnership, association, private corporation, or any other 
        legal entity that provides actually performs consulting services.
        Consulting services include the rendering of professional 
        opinion, advice, or analysis regarding a release. 
           Sec. 2.  Minnesota Statutes 2000, section 115C.02, 
        subdivision 5b, is amended to read: 
           Subd. 5b.  [CONTRACTOR.] "Contractor" means an individual, 
        partnership, association, private corporation, or any other 
        legal entity that provides actually performs contractor services.
        Contractor services means products and services within a scope 
        of work that can be defined by typical written plans and 
        specifications including, but not limited to, excavation, 
        treatment of contaminated soil and groundwater, soil borings and 
        well installations, laboratory analysis, surveying, electrical 
        work, plumbing, carpentry, and equipment. 
           Sec. 3.  Minnesota Statutes 2001 Supplement, section 
        115C.09, subdivision 1, is amended to read: 
           Subdivision 1.  [REIMBURSABLE COSTS.] (a) The board shall 
        provide reimbursement to eligible applicants for reimbursable 
        costs.  
           (b) The following costs are reimbursable for purposes of 
        this chapter:  
           (1) corrective action costs incurred by the applicant and 
        documented in a form prescribed by the board, except the costs 
        related to the physical removal of a tank; and 
           (2) costs that the responsible person is legally obligated 
        to pay as damages to third parties for bodily injury, property 
        damage, or corrective action costs incurred by a third party 
        caused by a release where the responsible person's liability for 
        the costs has been established by a court order or 
        court-approved settlement.; and 
           (3) up to 180 days of interest costs associated with the 
        financing of corrective action and incurred by the applicant in 
        a written extension of credit or loan that has been signed by 
        the applicant and executed after July 1, 2002, provided that the 
        applicant documents that: 
           (i) the interest costs are incurred as a result of an 
        extension of credit or loan from a financial institution; and 
           (ii) the board has not considered the application within 
        the applicable time frame specified in section 115C.09, 
        subdivision 2a, paragraph (c). 
        Interest costs meeting the requirements of this clause are 
        eligible only when they are incurred between the date a complete 
        initial application is received by the board, or the date a 
        complete supplemental application is received by the board, and 
        the date that the board first notifies the applicant of its 
        reimbursement determination.  An application is complete when 
        the information reasonably required or requested by the board's 
        staff from the applicant has been received by the board's 
        staff.  Interest costs are not eligible for reimbursement to the 
        extent they exceed two percentage points above the adjusted 
        prime rate charged by banks, as defined in section 270.75, 
        subdivision 5, at the time the extension of credit or loan was 
        executed. 
           (c) A cost for liability to a third party is incurred by 
        the responsible person when an order or court-approved 
        settlement is entered that sets forth the specific costs 
        attributed to the liability.  Except as provided in this 
        paragraph, reimbursement may not be made for costs of liability 
        to third parties until all eligible corrective action costs have 
        been reimbursed.  If a corrective action is expected to continue 
        in operation for more than one year after it has been fully 
        constructed or installed, the board may estimate the future 
        expense of completing the corrective action and, after 
        subtracting this estimate from the total reimbursement available 
        under subdivision 3, reimburse the costs for liability to third 
        parties.  The total reimbursement may not exceed the limit set 
        forth in subdivision 3. 
           Sec. 4.  Minnesota Statutes 2000, section 115C.11, is 
        amended to read: 
           115C.11 [CONSULTANTS AND CONTRACTORS; SANCTIONS.] 
           Subdivision 1.  [REGISTRATION.] (a) All consultants and 
        contractors who perform corrective action services must register 
        with the board.  In order to register, consultants must meet and 
        demonstrate compliance with the following criteria: 
           (1) provide a signed statement to the board verifying 
        agreement to abide by this chapter and the rules adopted under 
        it and to include a signed statement with each claim that all 
        costs claimed by the consultant are a true and accurate account 
        of services performed; 
           (2) provide a signed statement that the consultant shall 
        make available for inspection any records requested by the board 
        for field or financial audits under the scope of this chapter; 
           (3) certify knowledge of the requirements of this chapter 
        and the rules adopted under it; 
           (4) obtain and maintain professional liability coverage, 
        including pollution impairment liability; and 
           (5) agree to submit to the board a certificate or 
        certificates verifying the existence of the required insurance 
        coverage. 
           (b) The board must maintain a list of all registered 
        consultants and a list of all registered contractors. 
           (c) All corrective action services must be performed by 
        registered consultants and contractors. 
           (d) Reimbursement for corrective action services performed 
        by an unregistered consultant or contractor is subject to 
        reduction under section 115C.09, subdivision 3, paragraph (i). 
           (e) Corrective action services performed by a consultant or 
        contractor prior to being removed from the registration list may 
        be reimbursed without reduction by the board. 
           (f) If the information in an application for registration 
        becomes inaccurate or incomplete in any material respect, the 
        registered consultant or contractor must promptly file a 
        corrected application with the board. 
           (g) Registration is effective 30 days after a complete 
        application is received by the board.  The board may reimburse 
        without reduction the cost of work performed by an unregistered 
        contractor if the contractor performed the work within 60 days 
        of the effective date of registration. 
           (h) Registration for consultants under this section remains 
        in force until the expiration date of the professional liability 
        coverage, including pollution impairment liability, required 
        under paragraph (a), clause (4), or until voluntarily terminated 
        by the registrant, or until suspended or revoked by the 
        commissioner of commerce.  Registration for contractors under 
        this section expires each year on the anniversary of the 
        effective date of the contractor's most recent registration and 
        must be renewed on or before expiration.  Prior to its annual 
        expiration, a registration remains in force until voluntarily 
        terminated by the registrant, or until suspended or revoked by 
        the commissioner of commerce.  All registrants must comply with 
        registration criteria under this section. 
           Sec. 5.  [EXTENSION OF APPLICATION DATE.] 
           Subdivision 1.  [REIMBURSEMENTS; SMALL GASOLINE RETAILERS.] 
        In response to an application submitted during the period 
        beginning July 1, 2002, and ending June 30, 2003, the board may 
        reimburse costs that met the requirements of Minnesota Statutes 
        1998, section 115C.09, subdivision 3f, to an eligible applicant 
        who met the requirements of Minnesota Statutes 1998, section 
        115C.09, subdivision 3f. 
           Subd. 2.  [REIMBURSEMENTS; SMALL BUSINESS OWNERS.] In 
        response to an application submitted during the period beginning 
        July 1, 2002, and ending June 30, 2003, the board may reimburse 
        costs that met the requirements of Minnesota Statutes 2000, 
        section 115C.09, subdivision 3g, to an eligible applicant who 
        met requirements of Minnesota Statutes 2000, section 115C.09, 
        subdivision 3g. 
           Subd. 3.  [PREREMOVAL SITE ASSESSMENT.] In response to an 
        application submitted during the period beginning July 1, 2002, 
        and ending June 30, 2003, the board may reimburse costs that met 
        the requirements of Minnesota Statutes 2000, section 115C.092, 
        to an eligible applicant who met the requirements of that 
        section. 
           Subd. 4.  [RESUBMISSION OF COSTS.] Costs meeting the 
        requirements of Minnesota Statutes 1998, section 115C.09, 
        subdivision 3f, Minnesota Statutes 2000, section 115C.09, 
        subdivision 3g, or Minnesota Statutes 2000, section 115C.092, 
        that were submitted for reimbursement after June 29, 2001, may 
        be resubmitted during the period beginning July 1, 2002, and 
        ending June 30, 2003, for consideration by the board. 
           Presented to the governor April 4, 2002 
           Signed by the governor April 8, 2002, 2:28 p.m.