SF 1851

as introduced - 92nd Legislature (2021 - 2022) Posted on 07/20/2021 03:49pm

A bill for an act
relating to environment; modifying provisions for priority qualified facilities;
modifying authority to acquire property interests; authorizing requests for
information on contaminants; designating perfluorochemicals as hazardous
substance; modifying provisions for electronic waste; amending Minnesota Statutes
2020, sections 115A.1310, subdivision 12b; 115A.1312, subdivision 1; 115A.1314,
subdivision 1; 115A.1316, subdivision 1; 115A.1318, subdivision 2; 115A.1320,
subdivision 1; 115B.02, subdivision 8; 115B.17, subdivision 13; 115B.406,
subdivisions 1, 9; 115B.407; 116.07, by adding a subdivision; proposing coding
for new law in Minnesota Statutes, chapter 116; repealing Minnesota Rules, part
7044.0350.

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

Section 1.

Minnesota Statutes 2020, section 115A.1310, subdivision 12b, is amended to
read:

Subd. 12b.

Phase II recycling credits.

"Phase II recycling credits" means deleted text begin the number
of pounds of covered electronic devices recycled by a manufacturer during a program year
beginning July 1, 2019, and thereafter, from households located outside the 11-county
metropolitan area, as defined in section 115A.1314, subdivision 2, less the manufacturer's
recycling obligation calculated for the same program year in section 115A.1320, subdivision
1, paragraph (g). deleted text end new text begin an amount calculated in a program year beginning July 1, 2019, and in
each program year thereafter, according to the formula (1.5 x A) - (B - C), where:
new text end

new text begin A = the number of pounds of covered electronic devices a manufacturer recycled or
arranged to have collected and recycled during a program year from households located
outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;
new text end

new text begin B = the manufacturer's recycling obligation calculated for the same program year in
section 115A.1320, subdivision 1, paragraph (g); and
new text end

new text begin C = the number of pounds of covered electronic devices a manufacturer recycled or
arranged to have collected and recycled, up to but not exceeding B, during the same program
year from households in the 11-county metropolitan area.
new text end

Sec. 2.

Minnesota Statutes 2020, section 115A.1312, subdivision 1, is amended to read:

Subdivision 1.

Requirements for sale.

(a) On or after September 1, 2007, a manufacturer
must not sell or offer for sale or deliver to retailers for subsequent sale a new video display
device unless:

(1) the video display device is labeled with the manufacturer's brand, which label is
permanently affixed and readily visible; and

(2) the manufacturer has filed a registration with the agency, as specified in subdivision
2.

deleted text begin (b) On or after February 1, 2008, a retailer who sells or offers for sale a new video display
device to a household must, before the initial offer for sale, review the agency website
specified in subdivision 2, paragraph (g), to determine that all new video display devices
that the retailer is offering for sale are labeled with the manufacturer's brands that are
registered with the agency.
deleted text end

new text begin (b) A retailer must not sell, offer for sale, rent, or lease a video display device unless
the video display device is labeled according to this subdivision and listed as registered on
the agency website according to subdivision 2.
new text end

(c) A retailer is not responsible for an unlawful sale under this subdivision if the
manufacturer's registration expired or was revoked and the retailer took possession of the
video display device prior to the expiration or revocation of the manufacturer's registration
and the unlawful sale occurred within six months after the expiration or revocation.

Sec. 3.

Minnesota Statutes 2020, section 115A.1314, subdivision 1, is amended to read:

Subdivision 1.

Registration fee.

(a) Each manufacturer who registers under section
115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual
registration fee, on a form and in a manner prescribed by the commissioner of revenue. The
commissioner of revenue must deposit the fee in the state treasury and credit the fee to the
environmental fund.

(b) The registration fee for manufacturers that sell 100 or more video display devices
to households in the state during the previous calendar year is $2,500, plus a variable
recycling fee. new text begin The registration fee for manufacturers that sell fewer than 100 video display
devices in the state during the previous calendar year is a variable recycling fee. new text end The variable
recycling fee is calculated according to the formula:

[A - (B + C)] x D, where:

A = the manufacturer's recycling obligation as determined under section 115A.1320;

B = the number of pounds of covered electronic devices deleted text begin recycled by deleted text end new text begin that new text end a manufacturer
new text begin recycled or arranged to have collected and recycled new text end from households during the immediately
preceding program year, as reported under section 115A.1316, subdivision 1;

C = the number of phase I or phase II recycling credits a manufacturer elects to use to
calculate the variable recycling fee; and

D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for
manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation;
$0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent
of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle
at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and
$0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's
recycling obligation.

(c) A manufacturer may petition the agency to waive the per-pound cost of recycling
fee, element D in the formula in paragraph (b), required under this section. The agency shall
direct the commissioner of revenue to waive the per-pound cost of recycling fee if the
manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling
obligation as determined under section 115A.1320. The petition must include:

(1) documentation that the manufacturer has met at least 75 percent of its recycling
obligation as determined under section 115A.1320;

(2) a list of political subdivisions and public and private collectors with whom the
manufacturer had a formal contract or agreement in effect during the previous program year
to recycle or collect covered electronic devices;

(3) the total amounts of covered electronic devices collected from both within and outside
of the 11-county metropolitan area, as defined in subdivision 2;

(4) a description of the manufacturer's best efforts to meet its recycling obligation as
determined under section 115A.1320; and

(5) any other information requested by the agency.

(d) A manufacturer may retain phase I and phase II recycling credits to be added, in
whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision
2, during any succeeding program year, provided that no more than 25 percent of a
manufacturer's recycling obligation (A deleted text begin x B deleted text end ) for any program year may be met with phase
I and phase II recycling credits, separately or in combination, generated in a prior program
year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits
to another manufacturer, at a price negotiated by the parties, who may use the credits in the
same manner.

(e) For the purpose of new text begin determining B in new text end calculating a manufacturer's variable recycling
fee new text begin using the formula new text end under paragraph (b), starting with the program year beginning July
1, 2019, and continuing each year thereafter, the weight of covered electronic devices
deleted text begin collected from deleted text end new text begin that a manufacturer recycled or arranged to have collected and recycled from new text end
households located outside the 11-county metropolitan area, as defined in subdivision 2,
paragraph (b), is calculated at 1.5 times their actual weight.

Sec. 4.

Minnesota Statutes 2020, section 115A.1316, subdivision 1, is amended to read:

Subdivision 1.

Manufacturer reporting requirements.

deleted text begin (a) By August 1, 2016, each
manufacturer must report to the agency using the form prescribed:
deleted text end

deleted text begin (1) the total weight of each specific model of its video display devices sold to households
during the previous program year; and
deleted text end

deleted text begin (2) either:
deleted text end

deleted text begin (i) the total weight of its video display devices sold to households during the previous
program year; or
deleted text end

deleted text begin (ii) an estimate of the total weight of its video display devices sold to households during
the previous program year, calculated by multiplying the weight of its video display devices
sold nationally times the quotient of Minnesota's population divided by the national
population. All manufacturers with sales of 99 or fewer video display devices to households
in the state during the previous calendar year must report using the method under this item
for calculating sales.
deleted text end

deleted text begin (b) deleted text end new text begin (a) new text end By March 1 deleted text begin , 2017, and each March 1 thereafter deleted text end new text begin each year new text end , each manufacturer
must report to the agency using the form prescribed:

(1) the total weight of each specific model of its video display devices sold to households
during the previous calendar year; and

(2) either:

(i) the total weight of its video display devices sold to households during the previous
calendar year; or

(ii) an estimate of the total weight of its video display devices sold to households during
the previous calendar year, calculated by multiplying the weight of its video display devices
sold nationally times the quotient of Minnesota's population divided by the national
population. All manufacturers with sales of 99 or fewer video display devices to households
in the state during the previous calendar year must report using the method under this item
for calculating sales.

A manufacturer must submit with the report required under this paragraph a description of
how the information or estimate was calculated.

deleted text begin (c) deleted text end new text begin (b) new text end By August 15 each year, each manufacturer must report to deleted text begin the department until
June 30, 2017, and to deleted text end the agency deleted text begin thereafter, deleted text end new text begin :
new text end

new text begin (1) new text end the total weight of covered electronic devices the manufacturer collected from
households and recycled or arranged to have collected and recycled during the preceding
program year deleted text begin . deleted text end new text begin ;
new text end

deleted text begin (d) By August 15 each year, each manufacturer must report separately to the department
until June 30, 2017, and to the agency thereafter:
deleted text end

deleted text begin (1) deleted text end new text begin (2) new text end the number of phase I and phase II recycling credits the manufacturer has
purchased and sold during the preceding program year;

deleted text begin (2) deleted text end new text begin (3) new text end the number of phase I and phase II recycling credits possessed by the manufacturer
that the manufacturer elects to use in the calculation of its variable recycling fee under
section 115A.1314, subdivision 1; and

deleted text begin (3) deleted text end new text begin (4) new text end the number of phase I and phase II recycling credits the manufacturer retains at
the beginning of the current program year.

deleted text begin (e) deleted text end new text begin (c) new text end Upon request of the commissioner of revenue, the agency shall provide a copy
of each report to the commissioner of revenue.

Sec. 5.

Minnesota Statutes 2020, section 115A.1318, subdivision 2, is amended to read:

Subd. 2.

Recycler responsibilities.

(a) As part of the report submitted under section
115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that
facilities that recycle covered electronic devices, including all downstream recycling
operations:

(1) use only registered collectors;

(2) comply with all applicable health, environmental, safety, and financial responsibility
regulations;

(3) are licensed by all applicable governmental authorities;

(4) use no prison labor to recycle video display devices;

(5) possess liability insurance of not less than $1,000,000 for environmental releases,
accidents, and other emergencies;

(6) provide a report annually to each registered collector regarding the video display
devices received from that entity; and

(7) do not charge collectors for deleted text begin the transportation and deleted text end new text begin transporting, new text end recycling deleted text begin of deleted text end new text begin , or any
necessary supplies related to transporting or recycling new text end covered electronic devices that meet
a manufacturer's recycling obligation as determined under section 115A.1320, unless
otherwise mutually agreed upon.

(b) A nonprofit corporation that contracts with a correctional institution to refurbish and
reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).

(c) Except to the extent otherwise required by law and unless agreed upon otherwise by
the recycler or manufacturer, a recycler has no responsibility for any data that may be
contained in a covered electronic device if an information storage device is included in the
covered electronic device.

Sec. 6.

Minnesota Statutes 2020, section 115A.1320, subdivision 1, is amended to read:

Subdivision 1.

Duties of agency.

(a) The agency shall administer sections 115A.1310
to 115A.1330.

(b) The agency shall establish procedures for:

(1) receipt and maintenance of the registration statements and certifications filed with
the agency under section 115A.1312; and

(2) making the statements and certifications easily available to manufacturers, retailers,
and members of the public.

(c) The agency shall annually review the following variables that are used to calculate
a manufacturer's annual registration fee under section 115A.1314, subdivision 1:

(1) the obligation-setting mechanism for manufacturers as specified under paragraph
(g);

(2) the estimated per-pound price of recycling covered electronic devices sold to
households; and

(3) the base registration fee.

(d) If the agency determines that any of these values must be changed in order to improve
the efficiency or effectiveness of the activities regulated under sections 115A.1312 to
115A.1330, or if the revenues exceed the amount that the agency determines is necessary,
the agency shall submit recommended changes and the reasons for them to the chairs of the
senate and house of representatives committees with jurisdiction over solid waste policy.

(e) By deleted text begin September 1, 2016, and by May 1, 2017, and each deleted text end May 1 deleted text begin thereafter deleted text end new text begin each year new text end ,
the agency shall publish a statewide recycling goal for all video display device waste that
is the weight of all video display devices collected for recycling during each of the three
most recently completed program years, excluding the most recently concluded program
year, divided by two. deleted text begin For the program years beginning July 1, 2016, July 1, 2017, and July
1, 2018, the agency shall establish and publish separate statewide recycling goals for video
display devices as follows:
deleted text end

deleted text begin (1) the agency shall set the statewide recycling goal for video display devices at
25,000,000 pounds, 23,000,000 pounds, and 21,000,000 pounds, respectively, during these
successive program years;
deleted text end

deleted text begin (2) the agency shall set the recycling goal for televisions at 80 percent of the applicable
amount in clause (1); and
deleted text end

deleted text begin (3) the agency shall set the recycling goal for computer monitors at 20 percent of the
applicable amount in clause (1).
deleted text end

(f) By deleted text begin September 1, 2016, and by May 1, 2017, and each deleted text end May 1 deleted text begin thereafter deleted text end new text begin each year new text end ,
the agency shall determine each registered manufacturer's market share of video display
devices to be collected and recycled based on the manufacturer's percentage share of the
total weight of video display devices sold as reported to the agency under section 115A.1316,
subdivision 1.

(g) By deleted text begin September 1, 2016, and by May 1, 2017, and each deleted text end May 1 deleted text begin thereafter deleted text end new text begin each year new text end ,
the agency shall provide each manufacturer with a determination of the manufacturer's share
of video display devices to be collected and recycled. A manufacturer's market share of
video display devices as specified in paragraph (f) is applied proportionally to the statewide
recycling goal as specified in paragraph (e) to determine an individual manufacturer's
recycling obligation. Upon request by the commissioner of revenue, the agency must provide
the information submitted to manufacturers under this paragraph to the commissioner of
revenue.

(h) The agency shall provide a report to the governor and the legislature on the
implementation of sections 115A.1310 to 115A.1330. For each program year, the report
must discuss the total weight of covered electronic devices recycled and a summary of
information in the reports submitted by manufacturers and recyclers under section 115A.1316.
The report must also discuss the various collection programs used by manufacturers to
collect covered electronic devices; information regarding covered electronic devices that
are being collected by persons other than registered manufacturers, collectors, and recyclers;
and information about covered electronic devices, if any, being disposed of in landfills in
this state. The report must examine which covered electronic devices, based on economic
and environmental considerations, should be subject to the obligation-setting mechanism
under paragraph (g). The report must include a description of enforcement actions under
sections 115A.1310 to 115A.1330. The agency may include in its report other information
received by the agency regarding the implementation of sections 115A.1312 to 115A.1330.
The report must be done in conjunction with the report required under section 115A.121.

(i) The agency shall promote public participation in the activities regulated under sections
115A.1312 to 115A.1330 through public education and outreach efforts.

(j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided
by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions
enforced by the department, as provided in subdivision 2. The agency may revoke a
registration of a collector or recycler found to have violated sections 115A.1310 to
115A.1330.

(k) The agency shall facilitate communication between counties, collection and recycling
centers, and manufacturers to ensure that manufacturers are aware of video display devices
available for recycling.

(l) The agency shall post on its website the contact information provided by each
manufacturer under section 115A.1318, subdivision 1, paragraph (e).

Sec. 7.

Minnesota Statutes 2020, section 115B.02, subdivision 8, is amended to read:

Subd. 8.

Hazardous substance.

"Hazardous substance" means:

(1) any commercial chemical designated pursuant to the Federal Water Pollution Control
Act, under United States Code, title 33, section 1321(b)(2)(A);

(2) any hazardous air pollutant listed pursuant to the Clean Air Act, under United States
Code, title 42, section 7412; deleted text begin and
deleted text end

(3) any hazardous waste deleted text begin . deleted text end new text begin ; and
new text end

new text begin (4) perfluorochemicals.
new text end

Hazardous substance does not include natural gas, natural gas liquids, liquefied natural
gas, synthetic gas usable for fuel, or mixtures of such synthetic gas and natural gas, nor
does it include petroleum, including crude oil or any fraction thereof deleted text begin which deleted text end new text begin that new text end is not
otherwise a hazardous waste.

Sec. 8.

Minnesota Statutes 2020, section 115B.17, subdivision 13, is amended to read:

Subd. 13.

Priorities; rules.

(a) By November 1, 1983, the Pollution Control Agency
shall establish a temporary list of priorities among releases or threatened releases for the
purpose of taking remedial action and, to the extent practicable consistent with the urgency
of the action, for taking removal action under this section. The temporary list, with any
necessary modifications, shall remain in effect until the Pollution Control Agency adopts
rules establishing state criteria for determining priorities among releases and threatened
releases. The Pollution Control Agency shall adopt the rules by July 1, 1984. After rules
are adopted, a permanent priority list shall be established, and may be modified from time
to time, new text begin using the current guidance and tools for the Hazard Ranking System adopted by
the federal Environmental Protection Agency and new text end according to the criteria set forth in the
rules. Before any list is established under this subdivision the Pollution Control Agency
shall publish the list in the State Register and allow 30 days for comments on the list by the
public.

(b) The temporary list and the rules required by this subdivision shall be based upon 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 facilities, the potential for contamination of drinking water supplies, the
potential for direct human contact, the potential for destruction of sensitive ecosystems, the
administrative and financial capabilities of the Pollution Control Agency, and other
appropriate factors.

Sec. 9.

Minnesota Statutes 2020, section 115B.406, subdivision 1, is amended to read:

Subdivision 1.

Legislative findings.

The legislature recognizes the need to protect the
public health and welfare and the environment at priority qualified facilities. To implement
a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in
the public interest to direct the commissioner of the Pollution Control Agency to new text begin :
new text end

new text begin (1) new text end take environmental response actions that the commissioner deems reasonable and
necessary to protect the public health or welfare or the environment at priority qualified
facilities deleted text begin and to deleted text end new text begin ;
new text end

new text begin (2) new text end acquire real property interests at priority qualified facilities to ensure the completion
and long-term effectiveness of environmental response actions deleted text begin . deleted text end new text begin ; and
new text end

new text begin (3) prevent both an unjust financial windfall to and double liability of owners and
operators of priority qualified facilities.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to actions commenced on or after January 1, 2021.
new text end

Sec. 10.

Minnesota Statutes 2020, section 115B.406, subdivision 9, is amended to read:

Subd. 9.

Environmental deleted text begin response costs; deleted text end liens.

new text begin (a) new text end All environmental response costs new text begin
and reasonable and necessary expenses new text end , including administrative and legal expenses, incurred
by the commissioner at a priority qualified facility 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 of the priority qualified facility who is subject to the requirements of section
115B.40, subdivision 4 or 5. new text begin Notwithstanding section 514.672, a lien under this paragraph
continues until the lien is satisfied or is released according to paragraph (c).
new text end

new text begin (b) If the commissioner conducts an environmental response action at a priority qualified
facility and the environmental response action increases the fair market value of the facility
above the fair market value of the facility that existed before the response action was initiated,
then the state has a lien on the facility for the increase in fair market value of the property
attributable to the response action, valued at the time that construction of the final
environmental response action was completed, not including operation and maintenance.
Notwithstanding section 514.672, a lien under this paragraph continues until the lien is
satisfied or is released according to paragraph (c).
new text end

new text begin (c) new text end A lien under deleted text begin this subdivision deleted text end new text begin paragraph (a) or (b) new text end attaches when the environmental
response costs are first incurred. deleted text begin Notwithstanding section 514.672, a lien under this
subdivision continues until the lien is satisfied or six years after completion of construction
of the final environmental response action, not including operation and maintenance. deleted text end Notice,
filing, deleted text begin and deleted text end release new text begin , and enforcement new text end 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. new text begin The commissioner may release a lien under this subdivision
if the commissioner determines that attachment or enforcement of the lien is not in the
public interest. A lien under this subdivision is not subject to the foreclosure limitation
described in section 514.674, subdivision 2. new text end 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 priority qualified 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 remediation fund. new text begin An environmental lien notice for a lien under
paragraph (a) or (b) must state that it is a lien in accordance with this section and identify
whether the property described in the notice was included in any permit for the priority
qualified facility.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to actions commenced on or after January 1, 2021.
new text end

Sec. 11.

Minnesota Statutes 2020, section 115B.407, is amended to read:

115B.407 deleted text begin ACQUISITION AND DISPOSITION deleted text end new text begin ACQUIRING AND DISPOSING new text end
OF REAL PROPERTY AT PRIORITY QUALIFIED FACILITIES.

new text begin Subdivision 1. new text end

new text begin Acquiring and disposing of real property. new text end

(a) The commissioner may
acquire interests in real property by donation or eminent domain at all or a portion of a
priority qualified facility. Condemnation under this section includes acquisition of fee title
or an easement. After acquiring an interest in real property under this section, the
commissioner must take environmental response actions at the priority qualified facility
according to sections 115B.39 to 115B.414 after the legislature makes an appropriation for
that purpose.

(b) The commissioner may dispose of real property acquired under this section according
to section 115B.17, subdivision 16.

(c) new text begin Except as modified by this section, new text end chapter 117 governs condemnation proceedings
by the commissioner under this section. The exceptions under section 117.189 apply to the
use of eminent domain authority under this section. new text begin Section 117.226 does not apply to
properties acquired by the use of eminent domain authority under this section.
new text end

(d) The state is not liable under this chapter solely as a result of acquiring an interest in
real property under this section.

new text begin Subd. 2. new text end

new text begin Eminent domain damages. new text end

new text begin (a) For purposes of this subdivision, the following
terms have the meanings given:
new text end

new text begin (1) "after-market value" means the property value of that portion of the subject property
remaining after a partial taking;
new text end

new text begin (2) "as remediated" means the condition of the property assuming the environmental
response actions selected by the commissioner have been completed, including environmental
covenants and easements and other institutional controls that may apply;
new text end

new text begin (3) "before-market value" means the property value of the entire subject property before
the taking, less the remediation costs;
new text end

new text begin (4) "property value" means the fair market value of the real property, as remediated, less
any reduction in value attributable to the stigma of pollution; and
new text end

new text begin (5) "remediation costs" means the reasonably foreseeable costs and expenses, including
administrative and legal expenses, that the commissioner will incur to implement the
environmental response actions that the commissioner selected for the property according
to section 115B.406, subdivision 3, less the amount, if any, that the property owner
demonstrates was released under section 115B.443, subdivision 8, which must not be greater
than the extent of insurance coverage under policies for the property included in a settlement
consistent with section 115B.443, subdivision 8.
new text end

new text begin (b) The damages awarded for condemnation of real property under this section is the
greater of $500 or:
new text end

new text begin (1) for a total taking of the subject property, the before-market value; or
new text end

new text begin (2) for a partial taking of the subject property, the before-market value less the
after-market value.
new text end

new text begin (c) When awarding damages in a condemnation proceeding under this section, in addition
to any other requirement of chapter 117, the finder of fact must report:
new text end

new text begin (1) the amount determined for the property value of the entire subject property before
the taking; and
new text end

new text begin (2) the itemized amount determined for remediation costs.
new text end

new text begin (d) The commissioner may seek recovery of environmental response costs only to the
extent the costs exceed the lower of the remediation costs or the property value of the entire
subject property before the taking as reported under paragraph (c).
new text end

new text begin (e) If the actual expenses incurred by the commissioner to take environmental response
actions at the priority qualified facility as determined at the time construction of the final
environmental response action was completed would have yielded a higher award of damages
under this section, then the commissioner must reimburse the owner an amount equal to the
amount of damages as if the actual expenses were used instead of the remediation costs,
less any damages already awarded.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment and
applies to actions commenced on or after January 1, 2021.
new text end

Sec. 12.

Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to
read:

new text begin Subd. 4l. new text end

new text begin Real property interests. new text end

new text begin (a) The commissioner may acquire interests in real
property at a solid waste disposal facility, limited to environmental covenants under chapter
114E and easements for the environmental covenants, when the commissioner determines
the property interests are related to:
new text end

new text begin (1) closure;
new text end

new text begin (2) postclosure care; and
new text end

new text begin (3) any other actions needed after the postclosure care period expires.
new text end

new text begin (b) The state is not liable under this chapter or any other law solely as a result of acquiring
an interest in real property under this section.
new text end

new text begin (c) An environmental covenant under this subdivision must be in accordance with chapter
114E and must be signed and acknowledged by every owner of the fee simple title to the
real property subject to the covenant.
new text end

Sec. 13.

new text begin [116.0735] AUTHORITY TO REQUIRE INFORMATION ON
CONTAMINANTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, the terms in this
subdivision have the meanings given them.
new text end

new text begin (b) "Activities" means actions by a person that produce, emit, discharge, release, threaten
to release, or otherwise cause a contaminant to enter the environment or the human body
and that occurred at a point in time or continue to occur. Activities includes but is not limited
to manufacturing, distributing, using, or selling products.
new text end

new text begin (c) "Agency" means the Minnesota Pollution Control Agency.
new text end

new text begin (d) "Agency action" means investigating, monitoring, surveying, testing, or other similar
action necessary or appropriate to identify the existence and extent of a release of a
contaminant or threat of a release, the source and nature of the contaminant, and the extent
of danger to the public health or welfare or the environment.
new text end

new text begin (e) "Biomonitoring" means the process by which chemicals and their metabolites are
identified and measured in a biospecimen.
new text end

new text begin (f) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably
available as a medium to measure the presence and concentration of chemicals or their
metabolites in a human body.
new text end

new text begin (g) "Commissioner" means the commissioner of the agency.
new text end

new text begin (h) "Contaminant" means a substance with a distinct molecular composition or a group
of structurally related substances, including the breakdown products of the substance or
substances that form through decomposition, degradation, or metabolism, that may:
new text end

new text begin (1) harm normal development of a fetus or child or cause other developmental toxicity;
new text end

new text begin (2) cause cancer, genetic damage, or reproductive harm;
new text end

new text begin (3) disrupt the endocrine or hormone system;
new text end

new text begin (4) damage the nervous system, immune system, or organs or cause other systemic
toxicity;
new text end

new text begin (5) be persistent, bioaccumulative, or toxic; or
new text end

new text begin (6) be very persistent or very bioaccumulative.
new text end

new text begin (i) "Monitoring" means sampling environmental media and analyzing general and specific
data relating to the presence of contaminants.
new text end

new text begin (j) "Person" means an individual, partnership, association, public or private corporation,
or other entity, including the United States government; any association, commission, or
interstate body; the state and any agency, department, or political subdivision of the state;
and any officer or governing or managing body of a municipality, governmental subdivision,
public or private corporation, or other entity.
new text end

new text begin (k) "Supplier" means a person who provides goods or services that lead to or are
incorporated into a finished product used in commerce or by consumers.
new text end

new text begin Subd. 2. new text end

new text begin Agency action. new text end

new text begin The commissioner may take agency action whenever:
new text end

new text begin (1) the commissioner detects a contaminant:
new text end

new text begin (i) during the agency's monitoring of Minnesota's environment;
new text end

new text begin (ii) through receipt of environmental monitoring data from a local, state, or federal
agency or nongovernmental organization in the United States; or
new text end

new text begin (iii) through receipt of biomonitoring data of residents of the United States; or
new text end

new text begin (2) the commissioner has reason to believe that:
new text end

new text begin (i) a release of a contaminant has occurred, is about to occur, or is connected to a person's
activities; or
new text end

new text begin (ii) illness, disease, environmental harm, or complaints thereof may be attributable to
exposure to a contaminant connected to a person's activities.
new text end

new text begin Subd. 3. new text end

new text begin Duty to provide information. new text end

new text begin (a) When requested by the commissioner or the
commissioner's designee, a person the commissioner has reason to believe is engaged in
activities where agency action is proposed to be taken must furnish to the commissioner
any information that the person may have or may reasonably obtain that is relevant to the
contaminant under investigation.
new text end

new text begin (b) For purposes of this subdivision, the commissioner may:
new text end

new text begin (1) request in writing that a person produce electronic or physical documents, papers,
books, or other tangible items in the possession, custody, or control of the person;
new text end

new text begin (2) request in writing that a person provide information submitted to the person from a
supplier or within the supply chain for production of a commercial or consumer good;
new text end

new text begin (3) examine and copy books, papers, records, memoranda, and other electronic or physical
data of a person who has a duty to provide information under this subdivision; and
new text end

new text begin (4) enter upon public or private property to take an action authorized under this section,
including to obtain information from a person who has a duty to provide the information
under this subdivision and to conduct agency action.
new text end

new text begin (c) A person must submit requested information to the commissioner within the time
specified in the commissioner's written request. If a person fails or refuses to comply with
the commissioner's request for information, the commissioner may petition the district court
for an order to compel compliance with the request or take other enforcement action
authorized by law.
new text end

new text begin Subd. 4. new text end

new text begin Classifying data. new text end

new text begin Except as otherwise provided in this subdivision, data obtained
from a person under this section are public data as defined in section 13.02. Upon certification
by the subject of the data that the data relate to sales figures, processes or methods of
production unique to that person, or information that would tend to adversely affect the
competitive position of that person, the commissioner must classify the data as private or
nonpublic data as defined in section 13.02. Notwithstanding any other law to the contrary,
data classified as private or nonpublic under this subdivision may be disclosed when relevant:
new text end

new text begin (1) in any proceeding under this section;
new text end

new text begin (2) in further agency actions, including permitting, setting local water quality standards,
or other similar actions; and
new text end

new text begin (3) to other public agencies involved in protecting human health, welfare, or the
environment.
new text end

Sec. 14. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 7044.0350, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: 21-00151

7044.0350 HRS SCORING SYSTEM.

The Pollution Control Agency and the commissioner of agriculture shall score sites under part 7044.0250 utilizing the Hazard Ranking System (HRS) adopted by the United States Environmental Protection Agency, and published in the Federal Register, volume 55, pages 51583 to 51667 (December 14, 1990).