Minnesota SF 964: Camp Ripley/Veterans state trail development bond issue and appropriation

Bill Text

1.1 A bill for an act​
1.2 relating to environment; requiring a state agency to pay for the costs of investigating​
1.3 petroleum releases on land owned by the agency; amending Minnesota Statutes​
1.4 2024, section 115C.04, subdivisions 1, 3.​
1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​
1.6 Section 1. Minnesota Statutes 2024, section 115C.04, subdivision 1, is amended to read:​
1.7 Subdivision 1.Corrective action liability.(a) A responsible person is liable for the cost​
1.8 of the corrective action taken by the agency under section 115C.03, subdivisions 2 and 3,​
1.9 including the cost of investigating the release and administrative and legal expenses, if:​
1.10 (1) the responsible person has failed to take a corrective action ordered by the​
1.11 commissioner and the agency has taken the action;​
1.12 (2) the agency has taken corrective action in an emergency under section 115C.03,​
1.13 subdivision 3; or​
1.14 (3) the agency has taken corrective action because a responsible person could not be​
1.15 identified.​
1.16 (b) A responsible person is liable for the reimbursement paid by the Petroleum Tank​
1.17 Release Compensation Board under section 115C.09, subdivision 3a, to the extent the​
1.18 reimbursement is for corrective action that the responsible person could have been ordered​
1.19 to perform under section 115C.03, subdivision 1.​
1.20 (c) Notwithstanding paragraphs (a) and (b) or any other provision of this chapter, a​
1.21 person is not liable for the costs of investigating a release from a tank located on real property​
1.22 owned by a state agency.​
1​Section 1.​
25-02532 as introduced​01/22/25 REVISOR CKM/ES​
SENATE​
STATE OF MINNESOTA​
S.F. No. 964​NINETY-FOURTH SESSION​
(SENATE AUTHORS: HOWE)​
OFFICIAL STATUS​D-PG​DATE​
Introduction and first reading​264​02/03/2025​
Referred to Environment, Climate, and Legacy​

2.1 EFFECTIVE DATE.This section is effective retroactively from January 1, 2022, and​
2.2 applies to real property purchased by a state agency on or after that date.​
2.3 Sec. 2. Minnesota Statutes 2024, section 115C.04, subdivision 3, is amended to read:​
2.4 Subd. 3.Cost recovery; subrogation.Reasonable and necessary expenses incurred by​
2.5 the agency in taking a corrective action, including costs of investigating a release,​
2.6 administrative and legal expenses, and reimbursement costs described in subdivision 1,​
2.7 paragraph (b), may be recovered in a civil action in district court brought by the attorney​
2.8 general on behalf of the board against a responsible person. The agency's certification of​
2.9 expenses is prima facie evidence that the expenses are reasonable and necessary. If the​
2.10 responsible person has petroleum tank leakage or spill insurance coverage that insures​
2.11 against the liability provided in this section, the board is subrogated to the rights of the​
2.12 responsible person with respect to that insurance coverage, to the extent of the expenses​
2.13 incurred by the agency and described in this subdivision. The board may request the attorney​
2.14 general to bring an action in district court against the insurer to enforce this subrogation​
2.15 right. Expenses that are recovered under this section must be deposited in the fund. The​
2.16 costs of investigating a release from a tank located on real property owned by a state agency​
2.17 are not recoverable under this subdivision.​
2.18 EFFECTIVE DATE.This section is effective retroactively from January 1, 2022, and​
2.19 applies to real property purchased by a state agency on or after that date.​
2​Sec. 2.​
25-02532 as introduced​01/22/25 REVISOR CKM/ES​