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    Subdivision 1. Creation. An environmental response fund is created for the purposes
specified in this section. The taxes imposed by section 383B.80 must be deposited in the fund.
The board of county commissioners shall administer the fund either as a county board, a housing
and redevelopment authority, or a regional rail authority.
    Subd. 2. Uses of fund. The fund created in subdivision 1 must be used for the following
(1) acquisition through purchase or condemnation of lands or property which are polluted
or contaminated with hazardous substances;
(2) paying the costs associated with indemnifying or holding harmless the entity taking
title to lands or property from any liability arising out of the ownership, remediation, or use of
the land or property;
(3) paying for the costs of remediating the acquired land or property;
(4) paying the costs associated with remediating lands or property which are polluted or
contaminated with hazardous substances; or
(5) paying for the costs associated with improving the property for economic development,
recreational, housing, transportation or rail traffic.
    Subd. 3. Matching funds. In expending funds under this section the county shall seek
matching funds from contamination cleanup funds administered by the commissioners of the
Department of Employment and Economic Development, the Metropolitan Council, the federal
government, the private sector and any other source.
    Subd. 4. City approval. The county may not expend funds under this section unless the
governing body of the city in which the site is located approves the project.
    Subd. 5. Bonds. The county may pledge the proceeds from the taxes imposed by section
383B.80 to bonds issued under this chapter and chapters 398A, 462, 469, and 475.
    Subd. 6. Priorities. The first priority for the use of the environmental response fund
created in this section is to clean up the site located in the city of St. Louis Park known as NL
Industries/Tara Corporation/Golden Auto, EPA I.D. No. MND097891634 and to provide adequate
right-of-way for a portion of the rail line to replace the 29th street line in the city of Minneapolis,
including making rail improvements, changing the curve of the railroad track and eliminating
a switching facility, and improving the land for economic development. No money from the
environmental response fund may be expended for remediating the site until the site has been
acquired through purchase or condemnation.
    Subd. 7. Land sales. Land or property acquired under this section may be resold at fair
market value. Proceeds from the sale of the land must be deposited in the environmental response
    Subd. 8. DOT assistance. With respect to the site described in subdivision 6, the
commissioner of transportation shall collaborate with the county and any affected municipality by
providing technical assistance and support in facilitating the railroad improvement and testing at
that portion of the site to be used for the railroad improvement.
History: 1997 c 231 art 16 s 16; 1Sp2003 c 4 s 1