Minnesota Session Laws - 2016, Regular Session

CHAPTER 123--S.F.No. 3317

An act

relating to environment; modifying dry cleaner response and reimbursement account provisions; modifying prior appropriation; requiring rulemaking;

amending Minnesota Statutes 2014, sections 115B.48, by adding a subdivision; 115B.50, subdivision 3, by adding a subdivision; Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 4; repealing Minnesota Statutes 2015 Supplement, section 115B.48, subdivision 9.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2014, section 115B.48, is amended by adding a subdivision to read:

new text begin Subd. 10. new text end

new text begin Owner or operator. new text end

new text begin "Owner or operator" means a person who: new text end

new text begin (1) owns or has owned a dry cleaning facility during the time the dry cleaning facility operated; or new text end

new text begin (2) operates or has operated a dry cleaning facility. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 2.

Minnesota Statutes 2014, section 115B.50, subdivision 3, is amended to read:

Subd. 3.

Limitation on amount that may be spent.

The commissioner may not, in a single fiscal year, make expenditures from the account related to a single dry cleaning facility that exceed deleted text begin 20 percent of the balance in the account at the beginning of the fiscal year deleted text end new text begin $100,000 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 3.

Minnesota Statutes 2014, section 115B.50, is amended by adding a subdivision to read:

new text begin Subd. 4. new text end

new text begin Reimbursement adjustment rulemaking. new text end

new text begin The commissioner may use the expedited rulemaking process under section 14.389 to adjust reimbursement dollar amounts contained in the rules established under subdivision 2. new text end

Sec. 4.

Laws 2015, First Special Session chapter 4, article 3, section 2, subdivision 4, is amended to read:

Subd. 4. Land

21,663,000

18,584,000

Appropriations by Fund
	2016	2017
General	3,368,000	-0-
Environmental	7,031,000	7,150,000
Remediation	11,264,000	11,434,000

All money for environmental response, compensation, and compliance in the remediation fund not otherwise appropriated is appropriated to the commissioners of the Pollution Control Agency and agriculture for purposes of Minnesota Statutes, section 115B.20, subdivision 2, clauses (1), (2), (3), (6), and (7). At the beginning of each fiscal year, the two commissioners shall jointly submit an annual spending plan to the commissioner of management and budget that maximizes the utilization of resources and appropriately allocates the money between the two departments. This appropriation is available until June 30, 2017.

$4,279,000 the first year and $4,343,000 the second year are from the remediation fund for purposes of the leaking underground storage tank program to investigate, clean up, and prevent future releases from underground petroleum storage tanks, and to the petroleum remediation program for purposes of vapor assessment and remediation. These same annual amounts are transferred from the petroleum tank fund to the remediation fund.

$252,000 the first year and $252,000 the second year are from the remediation fund for transfer to the commissioner of health for private water supply monitoring and health assessment costs in areas contaminated by unpermitted mixed municipal solid waste disposal facilities and drinking water advisories and public information activities for areas contaminated by hazardous releases.

$868,000 the first year is from the general fund for a grant to the city of Mountain Iron for remediation of the abandoned wastewater treatment pond of the former Nichols Township. This is a onetime appropriation that is available until June 30, 2019. This appropriation is effective December 1, 2015.

Up to $2,500,000 the first year is from the general fund to the commissioner for a grant to the city of Paynesville to add a treatment process to a water treatment plant for removal of volatile organic compounds. This is a onetime appropriation. This appropriation is effective December 1, 2015.

$743,000 the second year is transferred from the general fund to the dry cleaner environmental response and reimbursement account in the remediation fund for the purpose of remediating land contaminated by a release from a dry cleaning facility, as provided under Minnesota Statutes, section 115B.50 deleted text begin , if legislation is enacted in the 2016 legislative session to address the insolvency of the dry cleaner environmental response and reimbursement account. The commissioner shall prioritize expenditures from this transfer to address contaminated sites that pose the greatest risk to public health or welfare or to the environment, as established in Minnesota Statutes, section 115B.17, subdivision 13 deleted text end . This is a onetime transfer. The commissioner shall reimburse only a person who otherwise would not be responsible for a release or threatened release under Minnesota Statutes, section 115B.03, for all but $10,000 of the environmental response costs incurred by the person if the commissioner determines that the costs are reasonable and were actually incurred. To be eligible for reimbursement from this transfer, a person seeking reimbursement must make a request to the commissioner, as required under Minnesota Statutes, section 115B.50, subdivision 2, on or before the day following final enactment of this act.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 5.

new text begin RULEMAKING; DRY CLEANER RESPONSE AND REIMBURSEMENT ACCOUNT. new text end

new text begin (a) The commissioner of the Pollution Control Agency shall adopt rules using the expedited rulemaking process under Minnesota Statutes, section 14.389, including subdivision 5, to establish, with respect to Minnesota Statutes, section 115B.50, subdivision 2: new text end

new text begin (1) what environmental response costs are to be considered reasonable costs and what costs are to be considered ineligible for reimbursement; new text end

new text begin (2) appropriate application requirements for reimbursement; and new text end

new text begin (3) a process to adjust payment reimbursement rates made for response actions. new text end

new text begin (b) Rules adopted under this section: new text end

new text begin (1) must be consistent with Minnesota Statutes, sections 115B.47 to 115B.51; new text end

new text begin (2) must be structured like rules governing applicable provisions of the petroleum tank response cleanup fund under Minnesota Rules, chapter 2890, as necessary to implement paragraph (a), clauses (1) to (3); and new text end

new text begin (3) must not reduce reimbursements as contained in Minnesota Rules, part 2890.0065, subpart 1, item C. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Sec. 6.

new text begin REPEALER. new text end

new text begin Minnesota Statutes 2015 Supplement, section 115B.48, subdivision 9, new text end new text begin is repealed. new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment. new text end

Presented to the governor May 17, 2016

Signed by the governor May 19, 2016, 10:57 a.m.