Agenda - Council Work Session - 11/13/2012

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(b) Development or redevelopment of the site, in the opinion of the authority, would not reasonably be expected to occur solely through private investment and tax increment otherwise available, and therefore the hazardous substance district is deemed necessary. (c) Other parcels that are not designated hazardous substance sites are expected to be developed together with a designated hazardous substance site. (d) The subdistrict is not larger than, and the period of time during which increments are elected to be received is not longer than, that which is necessary in the opinion of the authority to provide for the additional costs due to the designated hazardous substance site. (e) Upon request by an authority that has incurred expenses for removal or remedial actions to implement a development response action plan, the attorney general may: (1) bring a civil action on behalf of the authority to recover the expenses, including administrative costs and litigation expenses, under section 115B.04 or other law; or (2) assist the authority in bringing an action as described in clause (1), by providing legal and technical advice, intervening in the action, or other appropriate assistance. The decision to participate in any action to recover expenses is at the discretion of the attorney general. (f) If the attorney general brings an action as provided in paragraph (e), clause (1), the authority shall certify its reasonable and necessary expenses incurred to implement the development response action plan and shall cooperate with the attorney general as required to effectively pursue the action. The certification by the authority is prima facie evidence that the expenses are reasonable and necessary. The attorney general may deduct litigation expenses incurred by the attorney general from any amounts recovered in an acfion brought under paragraph (e), clause (1). The authority shall reimburse the attorney general for lifigafion expenses not recovered in an action under paragraph (e), clause (1), but only from the additional tax increment required to be used as described in section 469.176_ subdivision 4e. The authority must reimburse the attorney general for lifigafion expenses incurred to assist in bringing an action under paragraph (e), clause (2), but only from amounts recovered by the authority in an acfion or, if the amounts are insufficient, from the additional tax increment required to be used as described in section 469.176. subdivision 44 All money recovered or paid to the attorney general for litigation expenses under this paragraph shall be paid to the general fund of the state for deposit to the account of the attorney general. For the purposes of this secfion, "lifigafion expenses" means attorney fees and costs of discovery and other preparation for lifigafion. (g) The authority shall reimburse the pollufion control agency for its administrative expenses incurred to review and approve a development acfion response plan. The authority must reimburse the Pollufion Control Agency for expenses incurred for any services rendered to the attorney general to support the attorney general in actions brought or assistance provided under paragraph (e), but only from amounts recovered by the authority in an acfion brought under paragraph (e) or from the additional tax increment required to be used as described in section 469.176_ subdivision 4e. All money paid to the pollution control agency under this paragraph shall be deposited in the remediafion fund. (h) Actions taken by an authority consistent with a development response acfion plan are deemed to be authorized response actions for the purpose of secfion 115B.17 subdivision 12. An authority that takes acfion consistent with a development response action plan qualifies for the defenses available under secfion 115B.04_ subdivision 11. and 115B.05. subdivision 9. (i) All money recovered by an authority in an action brought under paragraph (e) in excess of the amounts paid to the attorney general and the Pollufion Control Agency must be treated as excess increments and be distributed as provided in secfion 469.176. subdivision 2. clause (4), to the extent the removal and remedial action were initially financed with increment revenues. Subd. 7a. [Repealed, 1995 c 264 art 5 s 481 Subd. 8.Payment of debt service on credit enhanced bonds. A tax increment financing plan may provide for the use of the tax increment to pay, or secure payment of, debt service on credit enhanced bonds issued to finance any project located within the boundaries of the municipality, whether or not the tax increment financing district from which the increment is derived is located within the boundaries of the project. History: 1987 c 291 s 176.. 1987 c 312 art 1 s 26 subd 2; 1988 c 719 art 5 s 84: art 12 s 9-14; 1989 c 277 art 2 s 63. 1989 c 329 art 13 s 20: 1989 c 335 art 1 s 246.247; 1 Sp1989 c 1 art 14 s 6-8; 1990 c 604 art 7 s 10-14; 1993 c 375 art 3 s 43: art 14 s 7-9; 1995 c 264 art 5 s 17-21; 1996 c 471 art 7 s 11-13; art 11 s 14; 1997 c 231 art 10 s 5. 1998 c 389