Minnesota Session Laws - 2010, Regular Session

CHAPTER 241--H.F.No. 3362

An act

relating to environment; modifying petroleum tank release provisions;

amending Minnesota Statutes 2008, sections 13.7411, subdivision 6; 115C.02, subdivision 14, by adding a subdivision; 115C.07, subdivision 3; 514.671, subdivision 5.

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

Section 1.

Minnesota Statutes 2008, section 13.7411, subdivision 6, is amended to read:

Subd. 6.

Petroleum tank release.

Certain data in connection with a petroleum tank release are classified under section 115C.03, subdivision deleted text begin 3 deleted text end new text begin 8 new text end .

Sec. 2.

Minnesota Statutes 2008, section 115C.02, subdivision 14, is amended to read:

Subd. 14.

Tank.

"Tank" means any one or a combination of containers, vessels, and enclosures, including structures and appurtenances connected to them, that is, or has been, used to contain, dispense, new text begin or new text end store deleted text begin , or transport deleted text end petroleum.

"Tank" does not include new text begin : new text end

new text begin (1) mobile tanks, except for tanks in transport; or new text end

new text begin (2) new text end pipeline facilities, including gathering lines, regulated under the Natural Gas Pipeline Safety Act of 1968, United States Code, title 49, chapter 24, or the Hazardous Liquid Pipeline Safety Act of 1979, United States Code, title 49, chapter 29.

Sec. 3.

Minnesota Statutes 2008, section 115C.02, is amended by adding a subdivision to read:

new text begin Subd. 16. new text end

new text begin Tank in transport. new text end

new text begin "Tank in transport" means a liquid fuel cargo tank used to deliver petroleum into storage tanks. new text end

Sec. 4.

Minnesota Statutes 2008, section 115C.07, subdivision 3, is amended to read:

Subd. 3.

Rules.

(a) The board shall adopt rules regarding its practices and procedures, the form and procedure for applications for compensation from the fund, procedures for investigation of claims and specifying the costs that are eligible for reimbursement from the fund.

(b) The board may adopt rules requiring certification of environmental consultants.

(c) The board may adopt other rules necessary to implement this chapter.

(d) The board may use section 14.389 to adopt rules specifying the competitive bidding requirements for consultant services proposals.

(e) The board may use section 14.389 to adopt rules specifying the written proposal and invoice requirements for consultant services.

new text begin (f) Upon written notification from the board of the adjusted dollar amounts determined pursuant to rules of the board, the revisor of statutes must adjust the dollar amounts in appropriate rules of the board to reflect the adjustments announced and published by the board. new text end

Sec. 5.

Minnesota Statutes 2008, section 514.671, subdivision 5, is amended to read:

Subd. 5.

Commissioner.

"Commissioner" means the commissioner of the Pollution Control Agency new text begin , the commissioner of commerce, or new text end deleted text begin and deleted text end the commissioner of agriculture.

Sec. 6.

new text begin EFFECTIVE DATE. new text end

new text begin Sections 1 to 5 are effective the day following final enactment. new text end

Presented to the governor April 13, 2010

Signed by the governor April 15, 2010, 11:59 a.m.