Subd. 1. Establishment.

The drycleaner environmental response and reimbursement account is established as an account in the state treasury.

Subd. 2. Revenue sources.

Revenue from the following sources must be deposited in the state treasury and credited to the account:

1. (1) the proceeds of the fees imposed by subdivision 4;
2. (2) interest attributable to investment of money in the account;
3. (3) penalties and interest collected under subdivision 4, paragraph (d); and
4. (4) money received by the commissioner for deposit in the account in the form of gifts, grants, and appropriations.

Subd. 3. Expenditures.

1. (a) Money in the account may only be used:

   1. (1) for environmental response costs incurred by the commissioner under section 115B.50, subdivision 1;
   2. (2) for reimbursement of amounts spent by the commissioner from the environmental response, compensation, and compliance account for expenses described in clause (1);
   3. (3) for reimbursements under section 115B.50, subdivision 2; and
   4. (4) for administrative costs of the commissioner of revenue.
2. (b) Money in the account is appropriated to the commissioner for the purposes of this subdivision. The commissioner shall transfer funds to the commissioner of revenue sufficient to cover administrative costs pursuant to paragraph (a), clause (4).

Subd. 4. Registration; fees.

1. (a) The owner or operator of a drycleaning facility shall register on or before July 1 of each year with the commissioner of revenue in a manner prescribed by the commissioner of revenue and pay a registration fee for the facility. The amount of the fee is:

   1. (1) $500, for facilities with a full-time equivalence of fewer than five;
   2. (2) $1,000, for facilities with a full-time equivalence of five to ten; and
   3. (3) $1,500, for facilities with a full-time equivalence of more than ten.

2. (b) A person who sells drycleaning solvents for use by drycleaning facilities in the state shall collect and remit to the commissioner of revenue in a manner prescribed by the commissioner of revenue, on or before the 20th day of the month following the month in which the sales of drycleaning solvents are made, a fee of:

   1. (1) $3.50 for each gallon of perchloroethylene sold for use by drycleaning facilities in the state; and
   2. (2) 70 cents for each gallon of hydrocarbon-based drycleaning solvent sold for use by drycleaning facilities in the state.

3. (c) The commissioner shall, after a public hearing but notwithstanding section 16A.1285, subdivision 4, annually adjust the fees in this subdivision as necessary to maintain annual income of at least:

   1. (1) $600,000 beginning July 1, 1997;
   2. (2) $700,000 beginning July 1, 1998; and

   3. (3) $800,000 beginning July 1, 1999.

      Any adjustment under this paragraph must be prorated among all the fees in this subdivision. After adjustment under this paragraph, the fees in this subdivision must not be greater than two times their original amount. The commissioner shall notify the commissioner of revenue of an adjustment under this paragraph no later than March 1 of the year in which the adjustment is to become effective. The adjustment is effective for sales of drycleaning solvents made, and annual registration fees due, beginning on July 1 of the same year.

4. (d) To enforce this subdivision, the commissioner of revenue may examine documents, assess and collect fees, conduct investigations, issue subpoenas, grant extensions to file returns and pay fees, impose penalties and interest on the annual registration fee under paragraph (a) and the monthly fee under paragraph (b), abate penalties and interest, and administer appeals, in the manner provided in chapters 270 and 289A. The penalties and interest imposed on taxes under chapter 297A apply to the fees imposed under this subdivision. Disclosure of data collected by the commissioner of revenue under this subdivision is governed by chapter 270B.

   * NOTE: Subdivision 4, paragraph (d), as added by Laws 1995, *chapter 252, section 3, is effective for annual fees due by July *1, 1997, and for monthly fees due by July 20, 1997. Laws 1995, *chapter 252, section 7.