2006 Minnesota Statutes

115B.49 DRY CLEANER ENVIRONMENTAL RESPONSE AND REIMBURSEMENT
ACCOUNT.
    Subdivision 1. Establishment. The dry cleaner environmental response and reimbursement
account is established as an account in the remediation fund.
    Subd. 2. Revenue sources. Revenue from the following sources must be deposited in the
state treasury and credited to the account:
(1) the proceeds of the fees imposed by subdivision 4;
(2) interest attributable to investment of money in the account;
(3) penalties and interest collected under subdivision 4, paragraph (c); and
(4) money received by the commissioner for deposit in the account in the form of gifts,
grants, and appropriations.
    Subd. 3. Expenditures. (a) Money in the account may be used:
(1) for environmental response costs incurred by the commissioner under section 115B.50,
subdivision 1 ;
(2) for reimbursement of amounts spent by the commissioner from the remediation fund
for expenses described in clause (1);
(3) for reimbursements under section 115B.50, subdivision 2; and
(4) for administrative costs of the commissioner of revenue.
(b) Money in the account is appropriated to the commissioner for the purposes of this
subdivision. The commissioner shall transfer funds to the commissioner of revenue sufficient to
cover administrative costs pursuant to paragraph (a), clause (4).
    Subd. 4. Registration; fees. (a) The owner or operator of a dry cleaning facility shall register
on or before October 1 of each year with the commissioner of revenue in a manner prescribed by
the commissioner of revenue and pay a registration fee for the facility. The amount of the fee is:
(1) $500, for facilities with a full-time equivalence of fewer than five;
(2) $1,000, for facilities with a full-time equivalence of five to ten; and
(3) $1,500, for facilities with a full-time equivalence of more than ten.
The registration fee must be paid on or before October 18 or the owner or operator of a dry
cleaning facility may elect to pay the fee in equal installments. Installment payments must be paid
on or before October 18, on or before January 18, on or before April 18, and on or before June 18.
All payments made after October 18 bear interest at the rate specified in section 270C.40.
(b) A person who sells dry cleaning solvents for use by dry cleaning facilities in the
state shall collect and remit to the commissioner of revenue in a manner prescribed by the
commissioner of revenue, on or before the 20th day of the month following the month in which
the sales of dry cleaning solvents are made, a fee of:
(1) $3.50 for each gallon of perchloroethylene sold for use by dry cleaning facilities in
the state;
(2) 70 cents for each gallon of hydrocarbon-based dry cleaning solvent sold for use by dry
cleaning facilities in the state; and
(3) 35 cents for each gallon of other nonaqueous solvents sold for use by dry cleaning
facilities in the state.
(c) The audit, assessment, appeal, collection, enforcement, and administrative provisions
of chapters 270C and 289A apply to the fee imposed by this subdivision. To enforce this
subdivision, the commissioner of revenue may grant extensions to file returns and pay fees,
impose penalties and interest on the annual registration fee under paragraph (a) and the monthly
fee under paragraph (b), and abate penalties and interest in the manner provided in chapters
270C and 289A. The penalties and interest imposed on taxes under chapter 297A apply to the
fees imposed under this subdivision. Disclosure of data collected by the commissioner of revenue
under this subdivision is governed by chapter 270B.
    Subd. 4a.[Repealed, 2005 c 10 art 1 s 82; 2005 c 157 s 2]
    Subd. 4b. Fee adjustment. Notwithstanding section 16A.1285, each fiscal year the
commissioner shall adjust the fees in subdivision 4 as necessary to maintain an annual income
to the account of $650,000.
History: 1995 c 252 s 3; 1996 c 471 art 2 s 3,4; 1997 c 216 s 112; 1999 c 250 art 3 s 14,15;
2000 c 333 s 1,2; 1Sp2001 c 2 s 128; 2002 c 324 s 2; 2003 c 128 art 2 s 33,34; 2005 c 151 art
2 s 2; 2005 c 157 s 1; 2006 c 259 art 7 s 1