1.1    .................... moves to amend H.F. No. 3232 as follows:
1.2Delete everything after the enacting clause and insert:

1.3    "Section 1. Minnesota Statutes 2006, section 116.155, subdivision 2, is amended to
1.4read:
1.5    Subd. 2. Appropriation. (a) Money in the general portion of the remediation fund
1.6is appropriated to the agency and the commissioners of agriculture and natural resources
1.7for the following purposes:
1.8    (1) to take actions related to releases of hazardous substances, or pollutants or
1.9contaminants as provided in section 115B.20;
1.10    (2) to take actions related to releases of hazardous substances, or pollutants or
1.11contaminants, at and from qualified landfill facilities as provided in section 115B.42,
1.12subdivision 2 ;
1.13    (3) to provide technical and other assistance under sections 115B.17, subdivision
1.1414 , 115B.175 to 115B.179, and 115C.03, subdivision 9;
1.15    (4) for corrective actions to address incidents involving agricultural chemicals,
1.16including related administrative, enforcement, and cost recovery actions pursuant to
1.17chapter 18D; and
1.18    (5) to make debt service payments on revenue bonds issued under section 116.156;
1.19and
1.20    (6) together with any amount approved for transfer to the agency from the petroleum
1.21tank fund by the commissioner of finance, to take actions related to releases of petroleum
1.22as provided under section 115C.08.
1.23    (b) The commissioner of finance shall allocate the amounts available in any
1.24biennium to the agency, and the commissioners of agriculture and natural resources for the
1.25purposes provided in this subdivision based upon work plans submitted by the agency and
1.26the commissioners of agriculture and natural resources, and may adjust those allocations
1.27upon submittal of revised work plans. Copies of the work plans shall be submitted
2.1to the chairs of the senate and house committees having jurisdiction over environment
2.2and environment finance.
2.3    (c) Priority for appropriations from the general portion of the remediation fund shall
2.4be given to debt service payments under paragraph (a), clause (5).

2.5    Sec. 2. Minnesota Statutes 2006, section 116.155, subdivision 3, is amended to read:
2.6    Subd. 3. Revenues. The following revenues shall be deposited in the general
2.7portion of the remediation fund:
2.8    (1) response costs and natural resource damages related to releases of hazardous
2.9substances, or pollutants or contaminants, recovered under sections 115B.17, subdivisions
2.106 and 7 , 115B.443, 115B.444, or any other law;
2.11    (2) money paid to the agency or the Agriculture Department by voluntary parties
2.12who have received technical or other assistance under sections 115B.17, subdivision 14,
2.13115B.175 to 115B.179, and 115C.03, subdivision 9;
2.14    (3) money received in the form of gifts, grants, reimbursement, or appropriation from
2.15any source for any of the purposes provided in subdivision 2, except federal grants; and
2.16    (4) money received from revenue bonds sold under section 116.156 and placed
2.17in a special bond proceeds account; and
2.18    (5) interest accrued on the fund.

2.19    Sec. 3. [116.156] CLOSED LANDFILL CLEANUP REVENUE BONDS.
2.20    Subdivision 1. Bonding authority. (a) The commissioner of finance, if requested
2.21by the commissioner of the Pollution Control Agency, shall sell and issue state revenue
2.22bonds for the following purposes:
2.23    (1) to take actions related to hazardous substances, pollutants, or contaminants at
2.24and from qualified landfill facilities as provided in section 115B.42, subdivision 2;
2.25    (2) to pay the costs of issuance, debt service, and bond insurance or other credit
2.26enhancements and to fund reserves; and
2.27    (3) to refund bonds issued under this section.
2.28    (b) The amount of bonds that may be issued for the purposes of paragraph (a),
2.29clause (1), may not exceed $25,000,000. The amount of bonds that may be issued for the
2.30purposes of paragraph (a), clauses (2) and (3), is not limited.
2.31    Subd. 2. Procedure. The commissioner of finance may sell and issue the bonds
2.32on the terms and conditions the commissioner of finance determines to be in the best
2.33interests of the state. The bonds may be sold at public or private sale. The commissioner
2.34of finance may enter any agreements or pledges the commissioner of finance determines
2.35necessary or useful to sell the bonds that are not inconsistent with this section. Sections
3.116A.672 to 16A.675 apply to the bonds. The proceeds of the bonds issued under this
3.2section must be credited to a special bond proceeds account in the remediation fund and
3.3are appropriated to the commissioner of the Pollution Control Agency for the purposes
3.4specified in subdivision 1.
3.5    Subd. 3. Revenue sources. The debt service on the bonds is payable only from the
3.6following sources:
3.7    (1) the remediation fund; and
3.8    (2) other revenues pledged to the payment of the bonds.
3.9    Subd. 4. Refunding bonds. The commissioner of finance may issue bonds to refund
3.10outstanding bonds issued under subdivision 1, including the payment of any redemption
3.11premiums on the bonds and any interest accrued or to accrue to the first redemption date
3.12after delivery of the refunding bonds. The proceeds of the refunding bonds may, in the
3.13discretion of the commissioner of finance, be applied to the purchases or payment at
3.14maturity of the bonds to be refunded, or the redemption of the outstanding bonds on the
3.15first redemption date after delivery of the refunding bonds and may, until so used, be
3.16placed in escrow to be applied to the purchase, retirement, or redemption. Refunding
3.17bonds issued under this subdivision must be issued and secured in the manner provided
3.18by the commissioner of finance.
3.19    Subd. 5. Not a general or moral obligation. Bonds issued under this section are
3.20not public debt, and the full faith, credit, and taxing powers of the state are not pledged
3.21for their payment. The bonds may not be paid, directly in whole or in part from a tax of
3.22statewide application on any class of property, income, transaction, or privilege. Payment
3.23of the bonds is limited to the revenues explicitly authorized to be pledged under this
3.24section. The state neither makes nor has a moral obligation to pay the bonds if the pledged
3.25revenues and other legal security for them is insufficient.
3.26    Subd. 6. Trustee. The commissioner of finance may contract with and appoint a
3.27trustee for bondholders. The trustee has the powers and authority vested in it by the
3.28commissioner of finance under the bond and trust indentures.
3.29    Subd. 7. Pledges. Any pledge made by the commissioner of finance is valid and
3.30binding from the time the pledge is made. The money or property pledged and later
3.31received by the commissioner of finance is immediately subject to the lien of the pledge
3.32without any physical delivery of the property or money or further act, and the lien of
3.33any pledge is valid and binding as against all parties having claims of any kind in tort,
3.34contract, or otherwise against the commissioner of finance, whether or not those parties
4.1have notice of the lien or pledge. Neither the order nor any other instrument by which a
4.2pledge is created need be recorded.
4.3    Subd. 8. Bonds; purchase and cancellation. The commissioner of finance, subject
4.4to agreements with bondholders that may then exist, may, out of any money available for
4.5the purpose, purchase bonds of the commissioner of finance at a price not exceeding
4.6(1) if the bonds are then redeemable, the redemption price then applicable plus accrued
4.7interest to the next interest payment date thereon, or (2) if the bonds are not redeemable,
4.8the redemption price applicable on the first date after the purchase upon which the bonds
4.9become subject to redemption plus accrued interest to that date.
4.10    Subd. 9. State pledge against impairment of contracts. The state pledges and
4.11agrees with the holders of any bonds that the state will not limit or alter the rights vested
4.12in the commissioner of finance to fulfill the terms of any agreements made with the
4.13bondholders, or in any way impair the rights and remedies of the holders until the bonds,
4.14together with interest on them, with interest on any unpaid installments of interest, and all
4.15costs and expenses in connection with any action or proceeding by or on behalf of the
4.16bondholders, are fully met and discharged. The commissioner of finance may include this
4.17pledge and agreement of the state in any agreement with the holders of bonds issued
4.18under this section.

4.19    Sec. 4. USE OF REVENUE BONDS FOR CLEANUP AT CERTAIN CLOSED
4.20LANDFILL SITES; REPORT REQUIRED.
4.21    (a) The commissioner of the Pollution Control Agency shall recommend to the
4.22commissioner of finance the sale of bonds under Minnesota Statutes, section 116.156,
4.23to take action at qualified closed landfill facilities in Mille Lacs, Washington County,
4.24the Western Lake Superior Sanitary District, and Albert Lea. The commissioner of the
4.25Pollution Control Agency may make additional requests for revenue bonds at other sites
4.26under Minnesota Statutes, section 116.156.
4.27    (b) By January 15, 2009, the commissioner of the Pollution Control Agency shall
4.28report to the house and senate Finance Committees and Divisions with jurisdiction over
4.29the environment on funding needs of the remediation fund to provide timely cleanup
4.30of closed landfills in the state. The report shall make recommendations for additional
4.31funding sources to address those needs."
4.32Renumber the sections in sequence and correct the internal references
4.33Delete the title and insert:
4.35relating to environment; authorizing revenue bonds to be sold for closed landfill
4.36cleanup; directing the Pollution Control Agency to provide cleanup of certain
5.1closed landfill sites; appropriating money;amending Minnesota Statutes 2006,
5.2section 116.155, subdivisions 2, 3; proposing coding for new law in Minnesota
5.3Statutes, chapter 116."