Waste management phase II recycling credits, electronic waste, registration fees, manufacturer reporting, recycler responsibilities, environmental liens, and eminent domain authority modifications; perfluorochemical as hazardous substance definition; pollution control agency authority to require contaminants information

1.1 A bill for an act​ 1.2 relating to environment; modifying provisions for priority qualified facilities;​ 1.3 modifying authority to acquire property interests; authorizing requests for​ 1.4 information on contaminants; designating perfluorochemicals as hazardous​ 1.5 substance; modifying provisions for electronic waste; amending Minnesota Statutes​ 1.6 2020, sections 115A.1310, subdivision 12b; 115A.1312, subdivision 1; 115A.1314,​ 1.7 subdivision 1; 115A.1316, subdivision 1; 115A.1318, subdivision 2; 115A.1320,​ 1.8 subdivision 1; 115B.02, subdivision 8; 115B.17, subdivision 13; 115B.406,​ 1.9 subdivisions 1, 9; 115B.407; 116.07, by adding a subdivision; proposing coding​ 1.10 for new law in Minnesota Statutes, chapter 116; repealing Minnesota Rules, part​ 1.11 7044.0350.​ 1.12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.13 Section 1. Minnesota Statutes 2020, section 115A.1310, subdivision 12b, is amended to​ 1.14 read:​ 1.15 Subd. 12b. Phase II recycling credits. "Phase II recycling credits" means the number​ 1.16 of pounds of covered electronic devices recycled by a manufacturer during a program year​ 1.17 beginning July 1, 2019, and thereafter, from households located outside the 11-county​ 1.18 metropolitan area, as defined in section 115A.1314, subdivision 2, less the manufacturer's​ 1.19 recycling obligation calculated for the same program year in section 115A.1320, subdivision​ 1.20 1, paragraph (g). an amount calculated in a program year beginning July 1, 2019, and in​ 1.21 each program year thereafter, according to the formula (1.5 x A) - (B - C), where:​ 1.22 A = the number of pounds of covered electronic devices a manufacturer recycled or​ 1.23 arranged to have collected and recycled during a program year from households located​ 1.24 outside the 11-county metropolitan area, as defined in section 115A.1314, subdivision 2;​ 1.25 B = the manufacturer's recycling obligation calculated for the same program year in​ 1.26 section 115A.1320, subdivision 1, paragraph (g); and​ 1​Section 1.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ SENATE​ STATE OF MINNESOTA​ S.F. No. 1851​NINETY-SECOND SESSION​ (SENATE AUTHORS: HAWJ)​ OFFICIAL STATUS​D-PG​DATE​ Introduction and first reading​03/08/2021​ Referred to Environment and Natural Resources Policy and Legacy Finance​ 2.1 C = the number of pounds of covered electronic devices a manufacturer recycled or​ 2.2 arranged to have collected and recycled, up to but not exceeding B, during the same program​ 2.3 year from households in the 11-county metropolitan area.​ 2.4 Sec. 2. Minnesota Statutes 2020, section 115A.1312, subdivision 1, is amended to read:​ 2.5 Subdivision 1. Requirements for sale. (a) On or after September 1, 2007, a manufacturer​ 2.6 must not sell or offer for sale or deliver to retailers for subsequent sale a new video display​ 2.7 device unless:​ 2.8 (1) the video display device is labeled with the manufacturer's brand, which label is​ 2.9 permanently affixed and readily visible; and​ 2.10 (2) the manufacturer has filed a registration with the agency, as specified in subdivision​ 2.11 2.​ 2.12 (b) On or after February 1, 2008, a retailer who sells or offers for sale a new video display​ 2.13 device to a household must, before the initial offer for sale, review the agency website​ 2.14 specified in subdivision 2, paragraph (g), to determine that all new video display devices​ 2.15 that the retailer is offering for sale are labeled with the manufacturer's brands that are​ 2.16 registered with the agency.​ 2.17 (b) A retailer must not sell, offer for sale, rent, or lease a video display device unless​ 2.18 the video display device is labeled according to this subdivision and listed as registered on​ 2.19 the agency website according to subdivision 2.​ 2.20 (c) A retailer is not responsible for an unlawful sale under this subdivision if the​ 2.21 manufacturer's registration expired or was revoked and the retailer took possession of the​ 2.22 video display device prior to the expiration or revocation of the manufacturer's registration​ 2.23 and the unlawful sale occurred within six months after the expiration or revocation.​ 2.24 Sec. 3. Minnesota Statutes 2020, section 115A.1314, subdivision 1, is amended to read:​ 2.25 Subdivision 1. Registration fee. (a) Each manufacturer who registers under section​ 2.26 115A.1312 must, by August 15 each year, pay to the commissioner of revenue an annual​ 2.27 registration fee, on a form and in a manner prescribed by the commissioner of revenue. The​ 2.28 commissioner of revenue must deposit the fee in the state treasury and credit the fee to the​ 2.29 environmental fund.​ 2.30 (b) The registration fee for manufacturers that sell 100 or more video display devices​ 2.31 to households in the state during the previous calendar year is $2,500, plus a variable​ 2.32 recycling fee. The registration fee for manufacturers that sell fewer than 100 video display​ 2​Sec. 3.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 3.1 devices in the state during the previous calendar year is a variable recycling fee. The variable​ 3.2 recycling fee is calculated according to the formula:​ 3.3 [A - (B + C)] x D, where:​ 3.4 A = the manufacturer's recycling obligation as determined under section 115A.1320;​ 3.5 B = the number of pounds of covered electronic devices recycled by that a manufacturer​ 3.6 recycled or arranged to have collected and recycled from households during the immediately​ 3.7 preceding program year, as reported under section 115A.1316, subdivision 1;​ 3.8 C = the number of phase I or phase II recycling credits a manufacturer elects to use to​ 3.9 calculate the variable recycling fee; and​ 3.10 D = the estimated per-pound cost of recycling, initially set at $0.50 per pound for​ 3.11 manufacturers who recycle less than 50 percent of the manufacturer's recycling obligation;​ 3.12 $0.40 per pound for manufacturers who recycle at least 50 percent but less than 90 percent​ 3.13 of the manufacturer's recycling obligation; $0.30 per pound for manufacturers who recycle​ 3.14 at least 90 percent but less than 100 percent of the manufacturer's recycling obligation; and​ 3.15 $0.00 per pound for manufacturers who recycle 100 percent or more of the manufacturer's​ 3.16 recycling obligation.​ 3.17 (c) A manufacturer may petition the agency to waive the per-pound cost of recycling​ 3.18 fee, element D in the formula in paragraph (b), required under this section. The agency shall​ 3.19 direct the commissioner of revenue to waive the per-pound cost of recycling fee if the​ 3.20 manufacturer demonstrates to the agency's satisfaction a good faith effort to meet its recycling​ 3.21 obligation as determined under section 115A.1320. The petition must include:​ 3.22 (1) documentation that the manufacturer has met at least 75 percent of its recycling​ 3.23 obligation as determined under section 115A.1320;​ 3.24 (2) a list of political subdivisions and public and private collectors with whom the​ 3.25 manufacturer had a formal contract or agreement in effect during the previous program year​ 3.26 to recycle or collect covered electronic devices;​ 3.27 (3) the total amounts of covered electronic devices collected from both within and outside​ 3.28 of the 11-county metropolitan area, as defined in subdivision 2;​ 3.29 (4) a description of the manufacturer's best efforts to meet its recycling obligation as​ 3.30 determined under section 115A.1320; and​ 3.31 (5) any other information requested by the agency.​ 3​Sec. 3.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 4.1 (d) A manufacturer may retain phase I and phase II recycling credits to be added, in​ 4.2 whole or in part, to the actual value of C, as reported under section 115A.1316, subdivision​ 4.3 2, during any succeeding program year, provided that no more than 25 percent of a​ 4.4 manufacturer's recycling obligation (A x B) for any program year may be met with phase​ 4.5 I and phase II recycling credits, separately or in combination, generated in a prior program​ 4.6 year. A manufacturer may sell any portion or all of its phase I and phase II recycling credits​ 4.7 to another manufacturer, at a price negotiated by the parties, who may use the credits in the​ 4.8 same manner.​ 4.9 (e) For the purpose of determining B in calculating a manufacturer's variable recycling​ 4.10 fee using the formula under paragraph (b), starting with the program year beginning July​ 4.11 1, 2019, and continuing each year thereafter, the weight of covered electronic devices​ 4.12 collected from that a manufacturer recycled or arranged to have collected and recycled from​ 4.13 households located outside the 11-county metropolitan area, as defined in subdivision 2,​ 4.14 paragraph (b), is calculated at 1.5 times their actual weight.​ 4.15 Sec. 4. Minnesota Statutes 2020, section 115A.1316, subdivision 1, is amended to read:​ 4.16 Subdivision 1. Manufacturer reporting requirements. (a) By August 1, 2016, each​ 4.17 manufacturer must report to the agency using the form prescribed:​ 4.18 (1) the total weight of each specific model of its video display devices sold to households​ 4.19 during the previous program year; and​ 4.20 (2) either:​ 4.21 (i) the total weight of its video display devices sold to households during the previous​ 4.22 program year; or​ 4.23 (ii) an estimate of the total weight of its video display devices sold to households during​ 4.24 the previous program year, calculated by multiplying the weight of its video display devices​ 4.25 sold nationally times the quotient of Minnesota's population divided by the national​ 4.26 population. All manufacturers with sales of 99 or fewer video display devices to households​ 4.27 in the state during the previous calendar year must report using the method under this item​ 4.28 for calculating sales.​ 4.29 (b) (a) By March 1, 2017, and each March 1 thereafter each year, each manufacturer​ 4.30 must report to the agency using the form prescribed:​ 4.31 (1) the total weight of each specific model of its video display devices sold to households​ 4.32 during the previous calendar year; and​ 4​Sec. 4.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 5.1 (2) either:​ 5.2 (i) the total weight of its video display devices sold to households during the previous​ 5.3 calendar year; or​ 5.4 (ii) an estimate of the total weight of its video display devices sold to households during​ 5.5 the previous calendar year, calculated by multiplying the weight of its video display devices​ 5.6 sold nationally times the quotient of Minnesota's population divided by the national​ 5.7 population. All manufacturers with sales of 99 or fewer video display devices to households​ 5.8 in the state during the previous calendar year must report using the method under this item​ 5.9 for calculating sales.​ 5.10 A manufacturer must submit with the report required under this paragraph a description of​ 5.11 how the information or estimate was calculated.​ 5.12 (c) (b) By August 15 each year, each manufacturer must report to the department until​ 5.13 June 30, 2017, and to the agency thereafter,:​ 5.14 (1) the total weight of covered electronic devices the manufacturer collected from​ 5.15 households and recycled or arranged to have collected and recycled during the preceding​ 5.16 program year.;​ 5.17 (d) By August 15 each year, each manufacturer must report separately to the department​ 5.18 until June 30, 2017, and to the agency thereafter:​ 5.19 (1) (2) the number of phase I and phase II recycling credits the manufacturer has​ 5.20 purchased and sold during the preceding program year;​ 5.21 (2) (3) the number of phase I and phase II recycling credits possessed by the manufacturer​ 5.22 that the manufacturer elects to use in the calculation of its variable recycling fee under​ 5.23 section 115A.1314, subdivision 1; and​ 5.24 (3) (4) the number of phase I and phase II recycling credits the manufacturer retains at​ 5.25 the beginning of the current program year.​ 5.26 (e) (c) Upon request of the commissioner of revenue, the agency shall provide a copy​ 5.27 of each report to the commissioner of revenue.​ 5.28 Sec. 5. Minnesota Statutes 2020, section 115A.1318, subdivision 2, is amended to read:​ 5.29 Subd. 2. Recycler responsibilities. (a) As part of the report submitted under section​ 5.30 115A.1316, subdivision 2, a recycler must certify, except as provided in paragraph (b), that​ 5.31 facilities that recycle covered electronic devices, including all downstream recycling​ 5.32 operations:​ 5​Sec. 5.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 6.1 (1) use only registered collectors;​ 6.2 (2) comply with all applicable health, environmental, safety, and financial responsibility​ 6.3 regulations;​ 6.4 (3) are licensed by all applicable governmental authorities;​ 6.5 (4) use no prison labor to recycle video display devices;​ 6.6 (5) possess liability insurance of not less than $1,000,000 for environmental releases,​ 6.7 accidents, and other emergencies;​ 6.8 (6) provide a report annually to each registered collector regarding the video display​ 6.9 devices received from that entity; and​ 6.10 (7) do not charge collectors for the transportation and transporting, recycling of, or any​ 6.11 necessary supplies related to transporting or recycling covered electronic devices that meet​ 6.12 a manufacturer's recycling obligation as determined under section 115A.1320, unless​ 6.13 otherwise mutually agreed upon.​ 6.14 (b) A nonprofit corporation that contracts with a correctional institution to refurbish and​ 6.15 reuse donated computers in schools is exempt from paragraph (a), clauses (4) and (5).​ 6.16 (c) Except to the extent otherwise required by law and unless agreed upon otherwise by​ 6.17 the recycler or manufacturer, a recycler has no responsibility for any data that may be​ 6.18 contained in a covered electronic device if an information storage device is included in the​ 6.19 covered electronic device.​ 6.20 Sec. 6. Minnesota Statutes 2020, section 115A.1320, subdivision 1, is amended to read:​ 6.21 Subdivision 1. Duties of agency. (a) The agency shall administer sections 115A.1310​ 6.22 to 115A.1330.​ 6.23 (b) The agency shall establish procedures for:​ 6.24 (1) receipt and maintenance of the registration statements and certifications filed with​ 6.25 the agency under section 115A.1312; and​ 6.26 (2) making the statements and certifications easily available to manufacturers, retailers,​ 6.27 and members of the public.​ 6.28 (c) The agency shall annually review the following variables that are used to calculate​ 6.29 a manufacturer's annual registration fee under section 115A.1314, subdivision 1:​ 6.30 (1) the obligation-setting mechanism for manufacturers as specified under paragraph​ 6.31 (g);​ 6​Sec. 6.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 7.1 (2) the estimated per-pound price of recycling covered electronic devices sold to​ 7.2 households; and​ 7.3 (3) the base registration fee.​ 7.4 (d) If the agency determines that any of these values must be changed in order to improve​ 7.5 the efficiency or effectiveness of the activities regulated under sections 115A.1312 to​ 7.6 115A.1330, or if the revenues exceed the amount that the agency determines is necessary,​ 7.7 the agency shall submit recommended changes and the reasons for them to the chairs of the​ 7.8 senate and house of representatives committees with jurisdiction over solid waste policy.​ 7.9 (e) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year,​ 7.10 the agency shall publish a statewide recycling goal for all video display device waste that​ 7.11 is the weight of all video display devices collected for recycling during each of the three​ 7.12 most recently completed program years, excluding the most recently concluded program​ 7.13 year, divided by two. For the program years beginning July 1, 2016, July 1, 2017, and July​ 7.14 1, 2018, the agency shall establish and publish separate statewide recycling goals for video​ 7.15 display devices as follows:​ 7.16 (1) the agency shall set the statewide recycling goal for video display devices at​ 7.17 25,000,000 pounds, 23,000,000 pounds, and 21,000,000 pounds, respectively, during these​ 7.18 successive program years;​ 7.19 (2) the agency shall set the recycling goal for televisions at 80 percent of the applicable​ 7.20 amount in clause (1); and​ 7.21 (3) the agency shall set the recycling goal for computer monitors at 20 percent of the​ 7.22 applicable amount in clause (1).​ 7.23 (f) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year,​ 7.24 the agency shall determine each registered manufacturer's market share of video display​ 7.25 devices to be collected and recycled based on the manufacturer's percentage share of the​ 7.26 total weight of video display devices sold as reported to the agency under section 115A.1316,​ 7.27 subdivision 1.​ 7.28 (g) By September 1, 2016, and by May 1, 2017, and each May 1 thereafter each year,​ 7.29 the agency shall provide each manufacturer with a determination of the manufacturer's share​ 7.30 of video display devices to be collected and recycled. A manufacturer's market share of​ 7.31 video display devices as specified in paragraph (f) is applied proportionally to the statewide​ 7.32 recycling goal as specified in paragraph (e) to determine an individual manufacturer's​ 7.33 recycling obligation. Upon request by the commissioner of revenue, the agency must provide​ 7​Sec. 6.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 8.1 the information submitted to manufacturers under this paragraph to the commissioner of​ 8.2 revenue.​ 8.3 (h) The agency shall provide a report to the governor and the legislature on the​ 8.4 implementation of sections 115A.1310 to 115A.1330. For each program year, the report​ 8.5 must discuss the total weight of covered electronic devices recycled and a summary of​ 8.6 information in the reports submitted by manufacturers and recyclers under section 115A.1316.​ 8.7 The report must also discuss the various collection programs used by manufacturers to​ 8.8 collect covered electronic devices; information regarding covered electronic devices that​ 8.9 are being collected by persons other than registered manufacturers, collectors, and recyclers;​ 8.10 and information about covered electronic devices, if any, being disposed of in landfills in​ 8.11 this state. The report must examine which covered electronic devices, based on economic​ 8.12 and environmental considerations, should be subject to the obligation-setting mechanism​ 8.13 under paragraph (g). The report must include a description of enforcement actions under​ 8.14 sections 115A.1310 to 115A.1330. The agency may include in its report other information​ 8.15 received by the agency regarding the implementation of sections 115A.1312 to 115A.1330.​ 8.16 The report must be done in conjunction with the report required under section 115A.121.​ 8.17 (i) The agency shall promote public participation in the activities regulated under sections​ 8.18 115A.1312 to 115A.1330 through public education and outreach efforts.​ 8.19 (j) The agency shall enforce sections 115A.1310 to 115A.1330 in the manner provided​ 8.20 by sections 115.071, subdivisions 1, 3, 4, 5, and 6; and 116.072, except for those provisions​ 8.21 enforced by the department, as provided in subdivision 2. The agency may revoke a​ 8.22 registration of a collector or recycler found to have violated sections 115A.1310 to​ 8.23 115A.1330.​ 8.24 (k) The agency shall facilitate communication between counties, collection and recycling​ 8.25 centers, and manufacturers to ensure that manufacturers are aware of video display devices​ 8.26 available for recycling.​ 8.27 (l) The agency shall post on its website the contact information provided by each​ 8.28 manufacturer under section 115A.1318, subdivision 1, paragraph (e).​ 8.29 Sec. 7. Minnesota Statutes 2020, section 115B.02, subdivision 8, is amended to read:​ 8.30 Subd. 8. Hazardous substance. "Hazardous substance" means:​ 8.31 (1) any commercial chemical designated pursuant to the Federal Water Pollution Control​ 8.32 Act, under United States Code, title 33, section 1321(b)(2)(A);​ 8​Sec. 7.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 9.1 (2) any hazardous air pollutant listed pursuant to the Clean Air Act, under United States​ 9.2 Code, title 42, section 7412; and​ 9.3 (3) any hazardous waste.; and​ 9.4 (4) perfluorochemicals.​ 9.5 Hazardous substance does not include natural gas, natural gas liquids, liquefied natural​ 9.6 gas, synthetic gas usable for fuel, or mixtures of such synthetic gas and natural gas, nor​ 9.7 does it include petroleum, including crude oil or any fraction thereof which that is not​ 9.8 otherwise a hazardous waste.​ 9.9 Sec. 8. Minnesota Statutes 2020, section 115B.17, subdivision 13, is amended to read:​ 9.10 Subd. 13. Priorities; rules. (a) By November 1, 1983, the Pollution Control Agency​ 9.11 shall establish a temporary list of priorities among releases or threatened releases for the​ 9.12 purpose of taking remedial action and, to the extent practicable consistent with the urgency​ 9.13 of the action, for taking removal action under this section. The temporary list, with any​ 9.14 necessary modifications, shall remain in effect until the Pollution Control Agency adopts​ 9.15 rules establishing state criteria for determining priorities among releases and threatened​ 9.16 releases. The Pollution Control Agency shall adopt the rules by July 1, 1984. After rules​ 9.17 are adopted, a permanent priority list shall be established, and may be modified from time​ 9.18 to time, using the current guidance and tools for the Hazard Ranking System adopted by​ 9.19 the federal Environmental Protection Agency and according to the criteria set forth in the​ 9.20 rules. Before any list is established under this subdivision the Pollution Control Agency​ 9.21 shall publish the list in the State Register and allow 30 days for comments on the list by the​ 9.22 public.​ 9.23 (b) The temporary list and the rules required by this subdivision shall be based upon the​ 9.24 relative risk or danger to public health or welfare or the environment, taking into account​ 9.25 to the extent possible the population at risk, the hazardous potential of the hazardous​ 9.26 substances at the facilities, the potential for contamination of drinking water supplies, the​ 9.27 potential for direct human contact, the potential for destruction of sensitive ecosystems, the​ 9.28 administrative and financial capabilities of the Pollution Control Agency, and other​ 9.29 appropriate factors.​ 9.30 Sec. 9. Minnesota Statutes 2020, section 115B.406, subdivision 1, is amended to read:​ 9.31 Subdivision 1. Legislative findings. The legislature recognizes the need to protect the​ 9.32 public health and welfare and the environment at priority qualified facilities. To implement​ 9​Sec. 9.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 10.1 a timely and effective cleanup and prevent multiparty litigation, the legislature finds it is in​ 10.2 the public interest to direct the commissioner of the Pollution Control Agency to:​ 10.3 (1) take environmental response actions that the commissioner deems reasonable and​ 10.4 necessary to protect the public health or welfare or the environment at priority qualified​ 10.5 facilities and to;​ 10.6 (2) acquire real property interests at priority qualified facilities to ensure the completion​ 10.7 and long-term effectiveness of environmental response actions.; and​ 10.8 (3) prevent both an unjust financial windfall to and double liability of owners and​ 10.9 operators of priority qualified facilities.​ 10.10 EFFECTIVE DATE. This section is effective the day following final enactment and​ 10.11 applies to actions commenced on or after January 1, 2021.​ 10.12 Sec. 10. Minnesota Statutes 2020, section 115B.406, subdivision 9, is amended to read:​ 10.13 Subd. 9. Environmental response costs; liens. (a) All environmental response costs​ 10.14 and reasonable and necessary expenses, including administrative and legal expenses, incurred​ 10.15 by the commissioner at a priority qualified facility constitute a lien in favor of the state upon​ 10.16 any real property located in the state, other than homestead property, owned by the owner​ 10.17 or operator of the priority qualified facility who is subject to the requirements of section​ 10.18 115B.40, subdivision 4 or 5. Notwithstanding section 514.672, a lien under this paragraph​ 10.19 continues until the lien is satisfied or is released according to paragraph (c).​ 10.20 (b) If the commissioner conducts an environmental response action at a priority qualified​ 10.21 facility and the environmental response action increases the fair market value of the facility​ 10.22 above the fair market value of the facility that existed before the response action was initiated,​ 10.23 then the state has a lien on the facility for the increase in fair market value of the property​ 10.24 attributable to the response action, valued at the time that construction of the final​ 10.25 environmental response action was completed, not including operation and maintenance.​ 10.26 Notwithstanding section 514.672, a lien under this paragraph continues until the lien is​ 10.27 satisfied or is released according to paragraph (c).​ 10.28 (c) A lien under this subdivision paragraph (a) or (b) attaches when the environmental​ 10.29 response costs are first incurred. Notwithstanding section 514.672, a lien under this​ 10.30 subdivision continues until the lien is satisfied or six years after completion of construction​ 10.31 of the final environmental response action, not including operation and maintenance. Notice,​ 10.32 filing, and release, and enforcement of the lien are governed by sections 514.671 to 514.676,​ 10.33 except where those requirements specifically are related to only cleanup action expenses​ 10​Sec. 10.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 11.1 as defined in section 514.671. The commissioner may release a lien under this subdivision​ 11.2 if the commissioner determines that attachment or enforcement of the lien is not in the​ 11.3 public interest. A lien under this subdivision is not subject to the foreclosure limitation​ 11.4 described in section 514.674, subdivision 2. Relative priority of a lien under this subdivision​ 11.5 is governed by section 514.672, except that a lien attached to property that was included in​ 11.6 any permit for the priority qualified facility takes precedence over all other liens regardless​ 11.7 of when the other liens were or are perfected. Amounts received to satisfy all or a part of a​ 11.8 lien must be deposited in the remediation fund. An environmental lien notice for a lien under​ 11.9 paragraph (a) or (b) must state that it is a lien in accordance with this section and identify​ 11.10 whether the property described in the notice was included in any permit for the priority​ 11.11 qualified facility.​ 11.12 EFFECTIVE DATE. This section is effective the day following final enactment and​ 11.13 applies to actions commenced on or after January 1, 2021.​ 11.14 Sec. 11. Minnesota Statutes 2020, section 115B.407, is amended to read:​ 11.15 115B.407 ACQUISITION AND DISPOSITION ACQUIRING AND DISPOSING​ 11.16 OF REAL PROPERTY AT PRIORITY QUALIFIED FACILITIES.​ 11.17 Subdivision 1. Acquiring and disposing of real property. (a) The commissioner may​ 11.18 acquire interests in real property by donation or eminent domain at all or a portion of a​ 11.19 priority qualified facility. Condemnation under this section includes acquisition of fee title​ 11.20 or an easement. After acquiring an interest in real property under this section, the​ 11.21 commissioner must take environmental response actions at the priority qualified facility​ 11.22 according to sections 115B.39 to 115B.414 after the legislature makes an appropriation for​ 11.23 that purpose.​ 11.24 (b) The commissioner may dispose of real property acquired under this section according​ 11.25 to section 115B.17, subdivision 16.​ 11.26 (c) Except as modified by this section, chapter 117 governs condemnation proceedings​ 11.27 by the commissioner under this section. The exceptions under section 117.189 apply to the​ 11.28 use of eminent domain authority under this section. Section 117.226 does not apply to​ 11.29 properties acquired by the use of eminent domain authority under this section.​ 11.30 (d) The state is not liable under this chapter solely as a result of acquiring an interest in​ 11.31 real property under this section.​ 11.32 Subd. 2. Eminent domain damages. (a) For purposes of this subdivision, the following​ 11.33 terms have the meanings given:​ 11​Sec. 11.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 12.1 (1) "after-market value" means the property value of that portion of the subject property​ 12.2 remaining after a partial taking;​ 12.3 (2) "as remediated" means the condition of the property assuming the environmental​ 12.4 response actions selected by the commissioner have been completed, including environmental​ 12.5 covenants and easements and other institutional controls that may apply;​ 12.6 (3) "before-market value" means the property value of the entire subject property before​ 12.7 the taking, less the remediation costs;​ 12.8 (4) "property value" means the fair market value of the real property, as remediated, less​ 12.9 any reduction in value attributable to the stigma of pollution; and​ 12.10 (5) "remediation costs" means the reasonably foreseeable costs and expenses, including​ 12.11 administrative and legal expenses, that the commissioner will incur to implement the​ 12.12 environmental response actions that the commissioner selected for the property according​ 12.13 to section 115B.406, subdivision 3, less the amount, if any, that the property owner​ 12.14 demonstrates was released under section 115B.443, subdivision 8, which must not be greater​ 12.15 than the extent of insurance coverage under policies for the property included in a settlement​ 12.16 consistent with section 115B.443, subdivision 8.​ 12.17 (b) The damages awarded for condemnation of real property under this section is the​ 12.18 greater of $500 or:​ 12.19 (1) for a total taking of the subject property, the before-market value; or​ 12.20 (2) for a partial taking of the subject property, the before-market value less the​ 12.21 after-market value.​ 12.22 (c) When awarding damages in a condemnation proceeding under this section, in addition​ 12.23 to any other requirement of chapter 117, the finder of fact must report:​ 12.24 (1) the amount determined for the property value of the entire subject property before​ 12.25 the taking; and​ 12.26 (2) the itemized amount determined for remediation costs.​ 12.27 (d) The commissioner may seek recovery of environmental response costs only to the​ 12.28 extent the costs exceed the lower of the remediation costs or the property value of the entire​ 12.29 subject property before the taking as reported under paragraph (c).​ 12.30 (e) If the actual expenses incurred by the commissioner to take environmental response​ 12.31 actions at the priority qualified facility as determined at the time construction of the final​ 12.32 environmental response action was completed would have yielded a higher award of damages​ 12​Sec. 11.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 13.1 under this section, then the commissioner must reimburse the owner an amount equal to the​ 13.2 amount of damages as if the actual expenses were used instead of the remediation costs,​ 13.3 less any damages already awarded.​ 13.4 EFFECTIVE DATE. This section is effective the day following final enactment and​ 13.5 applies to actions commenced on or after January 1, 2021.​ 13.6 Sec. 12. Minnesota Statutes 2020, section 116.07, is amended by adding a subdivision to​ 13.7 read:​ 13.8 Subd. 4l. Real property interests. (a) The commissioner may acquire interests in real​ 13.9 property at a solid waste disposal facility, limited to environmental covenants under chapter​ 13.10 114E and easements for the environmental covenants, when the commissioner determines​ 13.11 the property interests are related to:​ 13.12 (1) closure;​ 13.13 (2) postclosure care; and​ 13.14 (3) any other actions needed after the postclosure care period expires.​ 13.15 (b) The state is not liable under this chapter or any other law solely as a result of acquiring​ 13.16 an interest in real property under this section.​ 13.17 (c) An environmental covenant under this subdivision must be in accordance with chapter​ 13.18 114E and must be signed and acknowledged by every owner of the fee simple title to the​ 13.19 real property subject to the covenant.​ 13.20 Sec. 13. [116.0735] AUTHORITY TO REQUIRE INFORMATION ON​ 13.21 CONTAMINANTS.​ 13.22 Subdivision 1. Definitions. (a) For the purposes of this section, the terms in this​ 13.23 subdivision have the meanings given them.​ 13.24 (b) "Activities" means actions by a person that produce, emit, discharge, release, threaten​ 13.25 to release, or otherwise cause a contaminant to enter the environment or the human body​ 13.26 and that occurred at a point in time or continue to occur. Activities includes but is not limited​ 13.27 to manufacturing, distributing, using, or selling products.​ 13.28 (c) "Agency" means the Minnesota Pollution Control Agency.​ 13.29 (d) "Agency action" means investigating, monitoring, surveying, testing, or other similar​ 13.30 action necessary or appropriate to identify the existence and extent of a release of a​ 13​Sec. 13.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 14.1 contaminant or threat of a release, the source and nature of the contaminant, and the extent​ 14.2 of danger to the public health or welfare or the environment.​ 14.3 (e) "Biomonitoring" means the process by which chemicals and their metabolites are​ 14.4 identified and measured in a biospecimen.​ 14.5 (f) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably​ 14.6 available as a medium to measure the presence and concentration of chemicals or their​ 14.7 metabolites in a human body.​ 14.8 (g) "Commissioner" means the commissioner of the agency.​ 14.9 (h) "Contaminant" means a substance with a distinct molecular composition or a group​ 14.10 of structurally related substances, including the breakdown products of the substance or​ 14.11 substances that form through decomposition, degradation, or metabolism, that may:​ 14.12 (1) harm normal development of a fetus or child or cause other developmental toxicity;​ 14.13 (2) cause cancer, genetic damage, or reproductive harm;​ 14.14 (3) disrupt the endocrine or hormone system;​ 14.15 (4) damage the nervous system, immune system, or organs or cause other systemic​ 14.16 toxicity;​ 14.17 (5) be persistent, bioaccumulative, or toxic; or​ 14.18 (6) be very persistent or very bioaccumulative.​ 14.19 (i) "Monitoring" means sampling environmental media and analyzing general and specific​ 14.20 data relating to the presence of contaminants.​ 14.21 (j) "Person" means an individual, partnership, association, public or private corporation,​ 14.22 or other entity, including the United States government; any association, commission, or​ 14.23 interstate body; the state and any agency, department, or political subdivision of the state;​ 14.24 and any officer or governing or managing body of a municipality, governmental subdivision,​ 14.25 public or private corporation, or other entity.​ 14.26 (k) "Supplier" means a person who provides goods or services that lead to or are​ 14.27 incorporated into a finished product used in commerce or by consumers.​ 14.28 Subd. 2. Agency action. The commissioner may take agency action whenever:​ 14.29 (1) the commissioner detects a contaminant:​ 14.30 (i) during the agency's monitoring of Minnesota's environment;​ 14​Sec. 13.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 15.1 (ii) through receipt of environmental monitoring data from a local, state, or federal​ 15.2 agency or nongovernmental organization in the United States; or​ 15.3 (iii) through receipt of biomonitoring data of residents of the United States; or​ 15.4 (2) the commissioner has reason to believe that:​ 15.5 (i) a release of a contaminant has occurred, is about to occur, or is connected to a person's​ 15.6 activities; or​ 15.7 (ii) illness, disease, environmental harm, or complaints thereof may be attributable to​ 15.8 exposure to a contaminant connected to a person's activities.​ 15.9 Subd. 3. Duty to provide information. (a) When requested by the commissioner or the​ 15.10 commissioner's designee, a person the commissioner has reason to believe is engaged in​ 15.11 activities where agency action is proposed to be taken must furnish to the commissioner​ 15.12 any information that the person may have or may reasonably obtain that is relevant to the​ 15.13 contaminant under investigation.​ 15.14 (b) For purposes of this subdivision, the commissioner may:​ 15.15 (1) request in writing that a person produce electronic or physical documents, papers,​ 15.16 books, or other tangible items in the possession, custody, or control of the person;​ 15.17 (2) request in writing that a person provide information submitted to the person from a​ 15.18 supplier or within the supply chain for production of a commercial or consumer good;​ 15.19 (3) examine and copy books, papers, records, memoranda, and other electronic or physical​ 15.20 data of a person who has a duty to provide information under this subdivision; and​ 15.21 (4) enter upon public or private property to take an action authorized under this section,​ 15.22 including to obtain information from a person who has a duty to provide the information​ 15.23 under this subdivision and to conduct agency action.​ 15.24 (c) A person must submit requested information to the commissioner within the time​ 15.25 specified in the commissioner's written request. If a person fails or refuses to comply with​ 15.26 the commissioner's request for information, the commissioner may petition the district court​ 15.27 for an order to compel compliance with the request or take other enforcement action​ 15.28 authorized by law.​ 15.29 Subd. 4. Classifying data. Except as otherwise provided in this subdivision, data obtained​ 15.30 from a person under this section are public data as defined in section 13.02. Upon certification​ 15.31 by the subject of the data that the data relate to sales figures, processes or methods of​ 15.32 production unique to that person, or information that would tend to adversely affect the​ 15​Sec. 13.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 16.1 competitive position of that person, the commissioner must classify the data as private or​ 16.2 nonpublic data as defined in section 13.02. Notwithstanding any other law to the contrary,​ 16.3 data classified as private or nonpublic under this subdivision may be disclosed when relevant:​ 16.4 (1) in any proceeding under this section;​ 16.5 (2) in further agency actions, including permitting, setting local water quality standards,​ 16.6 or other similar actions; and​ 16.7 (3) to other public agencies involved in protecting human health, welfare, or the​ 16.8 environment.​ 16.9 Sec. 14. REPEALER.​ 16.10 Minnesota Rules, part 7044.0350, is repealed.​ 16​Sec. 14.​ 21-00151 as introduced​02/05/21 REVISOR EB/EE​ 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).​ 1R​ APPENDIX​ Repealed Minnesota Rules: 21-00151​