Minnesota Legislature
HF 779
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental and natural resources purposes; 1.4 establishing and modifying certain programs; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 2002, sections 16A.531, 1.8 subdivision 1, by adding a subdivision; 84.085, 1.9 subdivision 1; 84.415, subdivisions 4, 5, by adding 1.10 subdivisions; 84D.14; 85.052, subdivision 3; 85.053, 1.11 subdivision 1; 85A.02, subdivision 17; 86B.415, 1.12 subdivision 7; 97A.475, subdivisions 15, 26, 27, 28, 1.13 29, 30, 38, 39, 40, 42; 97B.645, subdivision 7; 1.14 103B.231, subdivision 3a; 103B.305, subdivision 3, by 1.15 adding subdivisions; 103B.311, subdivisions 1, 2, 3, 1.16 4; 103B.315, subdivisions 4, 5, 6; 103B.321, 1.17 subdivisions 1, 2; 103B.325, subdivisions 1, 2; 1.18 103B.331, subdivisions 1, 2, 3; 103B.3363, subdivision 1.19 3; 103B.3369, subdivisions 2, 4, 5, 6; 103B.355; 1.20 103D.405, subdivision 2; 103G.005, subdivision 10e; 1.21 103G.222, subdivision 1; 103G.2242, by adding 1.22 subdivisions; 103G.271, subdivisions 6, 6a; 103G.611, 1.23 subdivision 1; 103G.615, subdivision 2; 115.03, by 1.24 adding subdivisions; 115.073; 115.56, subdivision 4; 1.25 115A.0716, subdivision 3; 115A.545, subdivision 2; 1.26 115A.9651, subdivision 6; 115B.17, subdivisions 6, 7, 1.27 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7; 1.28 115B.25, subdivisions 1a, 4; 115B.26; 115B.30; 1.29 115B.31, subdivisions 1, 3, 4; 115B.32, subdivision 1; 1.30 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40, 1.31 subdivision 4; 115B.41, subdivisions 1, 2, 3; 115B.42, 1.32 subdivision 2; 115B.421; 115B.445; 115B.48, 1.33 subdivision 2; 115B.49, subdivisions 1, 3, 4; 115D.12, 1.34 subdivision 2; 116.03, subdivision 2; 116.07, 1.35 subdivisions 4d, 4h; 116.994; 116C.834, subdivision 1; 1.36 116P.02, subdivision 1; 116P.05, subdivision 2; 1.37 116P.09, subdivisions 4, 5, 7; 116P.10; 116P.14, 1.38 subdivision 2; 273.13, subdivision 23; 297A.94; 1.39 297F.10, subdivision 1; 297H.13, subdivisions 1, 2; 1.40 325E.10, subdivision 1; 469.175, subdivision 7; 1.41 473.843, subdivision 2; 473.844, subdivision 1; 1.42 473.845, subdivisions 1, 3, 7, 8; 473.846; proposing 1.43 coding for new law in Minnesota Statutes, chapters 1.44 103B; 116; repealing Minnesota Statutes 2002, sections 1.45 1.31; 1.32; 84.415, subdivisions 1, 3; 89.391; 1.46 93.2235; 103B.311, subdivisions 5, 6, 7; 103B.315, 2.1 subdivisions 1, 2, 3, 7; 103B.321, subdivision 3; 2.2 103B.3369, subdivision 3; 103G.222, subdivision 2; 2.3 115A.908, subdivision 2; 115B.02, subdivision 1a; 2.4 115B.19; 115B.42, subdivision 1; 116P.13; 297H.13, 2.5 subdivisions 3, 4; 325E.112, subdivisions 2, 3; 2.6 325E.113; 473.845, subdivision 4; Minnesota Rules, 2.7 parts 6135.0100; 6135.0200; 6135.0300; 6135.0400; 2.8 6135.0510; 6135.0610; 6135.0710; 6135.0810; 6135.1000; 2.9 6135.1100; 6135.1200; 6135.1300; 6135.1400; 6135.1500; 2.10 6135.1600; 6135.1700; 6135.1800; 9300.0010; 9300.0020; 2.11 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 2.12 9300.0080; 9300.0090; 9300.0100; 9300.0110; 9300.0120; 2.13 9300.0130; 9300.0140; 9300.0150; 9300.0160; 9300.0170; 2.14 9300.0180; 9300.0190; 9300.0200; 9300.0210. 2.15 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.16 ARTICLE 1 2.17 GENERAL 2.18 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 2.19 The sums shown in the columns marked "APPROPRIATIONS" are 2.20 appropriated from the general fund, or another named fund, to 2.21 the agencies and for the purposes specified in this act, to be 2.22 available for the fiscal years indicated for each purpose. The 2.23 figures "2004" and "2005," where used in this act, mean that the 2.24 appropriation or appropriations listed under them are available 2.25 for the year ending June 30, 2004, or June 30, 2005, 2.26 respectively. The term "the first year" means the year ending 2.27 June 30, 2004, and the term "the second year" means the year 2.28 ending June 30, 2005. 2.29 SUMMARY BY FUND 2.30 2004 2005 TOTAL 2.31 General $ 140,816,000 $ 140,197,000 $ 281,013,000 2.32 State Government 2.33 Special Revenue 48,000 48,000 96,000 2.34 Environmental 37,161,000 37,247,000 74,408,000 2.35 Natural 2.36 Resources 47,387,000 47,447,000 94,834,000 2.37 Game and Fish 80,999,000 80,739,000 161,738,000 2.38 Remediation 11,504,000 11,504,000 23,008,000 2.39 TOTAL $ 317,915,000 $ 317,182,000 $ 635,097,000 2.40 APPROPRIATIONS 2.41 Available for the Year 2.42 Ending June 30 2.43 2004 2005 2.44 Sec. 2. POLLUTION CONTROL AGENCY 2.45 Subdivision 1. Total 3.1 Appropriation $ 53,378,000 $ 53,464,000 3.2 Summary by Fund 3.3 General 14,819,000 14,819,000 3.4 State Government 3.5 Special Revenue 48,000 48,000 3.6 Environmental 27,107,000 27,193,000 3.7 Remediation 11,404,000 11,404,000 3.8 The amounts that may be spent from this 3.9 appropriation for each program are 3.10 specified in the following subdivisions. 3.11 Subd. 2. Water 19,883,000 19,976,000 3.12 Summary by Fund 3.13 General 10,467,000 10,467,000 3.14 State Government 3.15 Special Revenue 48,000 48,000 3.16 Environmental 9,368,000 9,461,000 3.17 $2,348,000 the first year and 3.18 $2,348,000 the second year are for the 3.19 clean water partnership program. Any 3.20 balance remaining in the first year 3.21 does not cancel and is available for 3.22 the second year of the biennium. 3.23 At least $1,841,000, but no more than 3.24 $2,324,000 the first year and at least 3.25 $1,841,000, but no more than $2,324,000 3.26 the second year are for grants for 3.27 county administration of the feedlot 3.28 permit program. These amounts are 3.29 transferred to the board of water and 3.30 soil resources for disbursement in 3.31 accordance with Minnesota Statutes, 3.32 section 103B.3369, in cooperation with 3.33 the pollution control agency. Grants 3.34 must be matched with a combination of 3.35 local cash and/or in-kind contributions. 3.36 Counties receiving these grants shall 3.37 submit an annual report to the 3.38 pollution control agency regarding 3.39 activities conducted under the grant, 3.40 expenditures made, and local match 3.41 contributions. Funding shall be given 3.42 to counties that have requested and 3.43 received delegation from the pollution 3.44 control agency for processing of animal 3.45 feedlot permit applications under 3.46 Minnesota Statutes, section 116.07, 3.47 subdivision 7. The grant amount 3.48 distributed to each county shall be 3.49 based on the number of registered 3.50 feedlots in the county as provided to 3.51 the pollution control agency in the 3.52 county's annual feedlot registration 3.53 update report. Only feedlots with ten 3.54 animal units or more in shoreland of 50 3.55 animal units or more in nonshoreland 3.56 and that are otherwise required by 3.57 Minnesota Rules, part 7020.0350, to 3.58 register may be used to determine grant 4.1 award amounts. Registration 4.2 information provided by the county must 4.3 meet either the requirements of 4.4 Minnesota Rules, part 7020.0350, or the 4.5 terms for aggregate reporting as 4.6 described in Minnesota Statutes, 4.7 section 116.0712. Feedlots that have 4.8 submitted registration in accordance 4.9 with Minnesota Rules, part 7020.0350, 4.10 shall be funded at a rate of $80 per 4.11 feedlot. Feedlots that have submitted 4.12 registration information in aggregate 4.13 shall be funded at the rate of $50 per 4.14 feedlot that provides registration 4.15 information according to Minnesota 4.16 Rules, part 7020.0350. To be eligible 4.17 for a grant, a county must be delegated 4.18 by December 31 of the year prior to the 4.19 year in which awards are distributed. 4.20 At a minimum, delegated counties are 4.21 eligible to receive a grant of $7,500 4.22 per year. To receive the award, the 4.23 county must receive approval by the 4.24 pollution control agency of the county 4.25 feedlot work plan and annual county 4.26 feedlot officer report. Feedlots that 4.27 have been inactive for five or more 4.28 years may not be counted in determining 4.29 the amount of the grant. 4.30 Any remaining money is available for 4.31 distribution to all counties on a 4.32 competitive basis through the challenge 4.33 grant process for the development of 4.34 delegated county feedlot programs or to 4.35 enhance existing delegated county 4.36 feedlot programs, information and 4.37 education, or technical assistance 4.38 efforts to reduce feedlot-related 4.39 pollution hazards. 4.40 $335,000 the first year and $335,000 4.41 the second year are for community 4.42 technical assistance and education, 4.43 including grants and technical 4.44 assistance to communities for local and 4.45 basinwide water quality protection. 4.46 $405,000 the first year and $405,000 4.47 the second year are for individual 4.48 sewage treatment system (ISTS) 4.49 administration and/or grants. Of this 4.50 amount, $86,000 in each year must be 4.51 transferred to the board of water and 4.52 soil resources for assistance to local 4.53 units of government through competitive 4.54 grant programs for ISTS program 4.55 development. Any unexpended balance in 4.56 the first year does not cancel but is 4.57 available in the second year. 4.58 Notwithstanding Minnesota Statutes, 4.59 section 16A.28, the appropriations 4.60 encumbered under contract on or before 4.61 June 30, 2005, for clean water 4.62 partnership, ISTS, and Minnesota River 4.63 grants in this subdivision are 4.64 available until June 30, 2007. 4.65 Subd. 3. Air 8,645,000 8,640,000 5.1 Summary by Fund 5.2 Environmental 8,645,000 8,640,000 5.3 Up to $150,000 the first year and 5.4 $150,000 the second year may be 5.5 transferred to the environmental fund 5.6 for the small business environmental 5.7 improvement loan program established in 5.8 Minnesota Statutes, section 116.993. 5.9 $200,000 the first year and $200,000 5.10 the second year are from the 5.11 environmental fund for a monitoring 5.12 program under Minnesota Statutes, 5.13 section 116.454. 5.14 Subd. 4. Land 18,462,000 18,455,000 5.15 Summary by Fund 5.16 Environmental 7,058,000 7,051,000 5.17 Remediation 11,404,000 11,404,000 5.18 All money for environmental response, 5.19 compensation, and compliance in the 5.20 remediation fund not otherwise 5.21 appropriated is appropriated to the 5.22 commissioners of the pollution control 5.23 agency and the department of 5.24 agriculture for purposes of Minnesota 5.25 Statutes, section 115B.20, subdivision 5.26 2, clauses (1), (2), (3), (4), (10), 5.27 (11), and (12). At the beginning of 5.28 each fiscal year, the two commissioners 5.29 shall jointly submit an annual spending 5.30 plan to the commissioner of finance 5.31 that maximizes the utilization of 5.32 resources and appropriately allocates 5.33 the money between the two agencies. 5.34 This appropriation is available until 5.35 June 30, 2005. 5.36 $574,000 the first year and $574,000 5.37 the second year are from the petroleum 5.38 tank fund to be transferred to the 5.39 remediation fund for purposes of the 5.40 leaking underground storage tank 5.41 program to protect the land. 5.42 $200,000 the first year and $200,000 5.43 the second year are from the 5.44 remediation fund to be transferred to 5.45 the department of health for private 5.46 water supply monitoring and health 5.47 assessment costs in areas contaminated 5.48 by unpermitted mixed municipal solid 5.49 waste disposal facilities. 5.50 $685,000 the first year and $685,000 5.51 the second year are from the 5.52 environmental fund balance to reimburse 5.53 the general fund for past sales of 5.54 bonds used to support the closed 5.55 landfill program through June 30, 2007. 5.56 Subd. 5. Multimedia 4,301,000 4,306,000 5.57 Summary by Fund 6.1 General 2,265,000 2,265,000 6.2 Environmental 2,036,000 2,041,000 6.3 Subd. 6. Administrative Support 2,087,000 2,087,000 6.4 Summary by Fund 6.5 General 2,087,000 2,087,000 6.6 Sec. 3. OFFICE OF ENVIRONMENTAL 6.7 ASSISTANCE 24,839,000 24,839,000 6.8 Summary by Fund 6.9 General 14,785,000 14,785,000 6.10 Environmental 6.11 Fund 10,054,000 10,054,000 6.12 $10,088,000 each year is for SCORE 6.13 block grants to counties. Any 6.14 unencumbered grant and loan balances in 6.15 the first year do not cancel but are 6.16 available for grants and loans in the 6.17 second year. 6.18 All money deposited in the 6.19 environmental fund for the metropolitan 6.20 solid waste landfill fee in accordance 6.21 with Minnesota Statutes, section 6.22 473.843, and not otherwise 6.23 appropriated, is appropriated to the 6.24 office of environmental assistance for 6.25 the purposes of Minnesota Statutes, 6.26 section 473.844. 6.27 $7,500,000 the first year and 6.28 $7,500,000 the second year are from the 6.29 environmental fund for mixed municipal 6.30 solid waste processing payments under 6.31 Minnesota Statutes, section 115A.545. 6.32 Notwithstanding Minnesota Statutes, 6.33 section 16A.28, the appropriations 6.34 encumbered under contract during the 6.35 2004-2005 biennium for environmental 6.36 assistance grants awarded under 6.37 Minnesota Statutes, section 115A.0716, 6.38 technical and research assistance under 6.39 Minnesota Statutes, section 115A.152, 6.40 technical assistance under Minnesota 6.41 Statutes, section 115A.52, and 6.42 pollution prevention assistance under 6.43 Minnesota Statutes, section 115D.04, 6.44 are available until June 30, 2006. 6.45 Sec. 4. ZOOLOGICAL BOARD 6,679,000 6,679,000 6.46 Summary by Fund 6.47 General 6,557,000 6,557,000 6.48 Natural Resources 122,000 122,000 6.49 Sec. 5. NATURAL RESOURCES 6.50 Subdivision 1. Total 6.51 Appropriation 218,639,000 218,439,000 6.52 Summary by Fund 7.1 General 90,275,000 90,275,000 7.2 Natural Resources 47,265,000 47,325,000 7.3 Game and Fish 80,999,000 80,739,000 7.4 Remediation 100,000 100,000 7.5 The amounts that may be spent from this 7.6 appropriation for each program are 7.7 specified in the following subdivisions. 7.8 Subd. 2. Land and Mineral Resources 7.9 Management 7.10 7,229,000 7,229,000 7.11 Summary by Fund 7.12 General 6,186,000 6,186,000 7.13 Natural Resources 156,000 156,000 7.14 Game and Fish 887,000 887,000 7.15 $240,000 the first year and $240,000 7.16 the second year are for iron ore 7.17 cooperative research, of which $120,000 7.18 the first year and $120,000 the second 7.19 year are available only as matched by 7.20 $1 of nonstate money for each $1 of 7.21 state money. The match may be cash or 7.22 in-kind. Any unencumbered balance 7.23 remaining in the first year does not 7.24 cancel but is available for the second 7.25 year. 7.26 $126,000 the first year and $126,000 7.27 the second year are for mineral 7.28 diversification. 7.29 $86,000 the first year and $86,000 the 7.30 second year are for minerals 7.31 cooperative environmental research, of 7.32 which $43,000 the first year and 7.33 $43,000 the second year are available 7.34 only as matched by $1 of nonstate money 7.35 for each $1 of state money. The match 7.36 may be cash or in-kind. Any 7.37 unencumbered balance remaining in the 7.38 first year does not cancel but is 7.39 available for the second year. 7.40 Subd. 3. Water Resources Management 7.41 11,135,000 11,135,000 7.42 Summary by Fund 7.43 General 10,655,000 10,655,000 7.44 Natural Resources 480,000 480,000 7.45 Subd. 4. Forest Management 7.46 32,959,000 32,959,000 7.47 Summary by Fund 7.48 General 32,724,000 32,724,000 8.1 Game and Fish 235,000 235,000 8.2 $5,400,000 the first year and 8.3 $5,400,000 the second year are for 8.4 presuppression and suppression costs of 8.5 emergency firefighting and other costs 8.6 incurred under Minnesota Statutes, 8.7 section 88.12, subdivision 2, related 8.8 to search and rescue operations. If 8.9 the appropriation for either year is 8.10 insufficient to cover all costs of 8.11 suppression and search and rescue 8.12 operations, the amount necessary to pay 8.13 for these costs during the biennium is 8.14 appropriated from the general fund. By 8.15 November 15 of each year, the 8.16 commissioner of natural resources shall 8.17 submit a report to the chairs of the 8.18 house of representatives ways and means 8.19 committee, the senate finance 8.20 committee, the environment and 8.21 agriculture budget division of the 8.22 senate finance committee, and the house 8.23 of representatives environment and 8.24 natural resources finance committee, 8.25 identifying all firefighting costs 8.26 incurred and reimbursements received in 8.27 the prior fiscal year. The report must 8.28 be in a format agreed to by the house 8.29 environment finance committee chair, 8.30 the senate environment budget division 8.31 chair, the department, and the 8.32 department of finance. These 8.33 appropriations may not be transferred. 8.34 Any reimbursement of firefighting 8.35 expenditures made to the commissioner 8.36 from any source other than federal 8.37 mobilizations shall be deposited into 8.38 the general fund. 8.39 $630,000 the first year and $630,000 8.40 the second year are for the forest 8.41 resources council for implementation of 8.42 the Sustainable Forest Resources Act. 8.43 $350,000 the first year and $350,000 8.44 the second year are for the FORIST 8.45 timber management information system 8.46 and for increased forestry management. 8.47 $235,000 the first year and $235,000 8.48 the second year are from the game and 8.49 fish fund to implement ecological 8.50 classification systems (ECS) standards 8.51 on forested landscapes. This 8.52 appropriation is from revenue deposited 8.53 to the game and fish fund under 8.54 Minnesota Statutes, section 297A.94, 8.55 paragraph (e), clause (1). 8.56 Subd. 5. Parks and Recreation 8.57 Management 8.58 34,894,000 34,894,000 8.59 Summary by Fund 8.60 General 19,032,000 19,032,000 8.61 Natural Resources 15,862,000 15,862,000 9.1 $740,000 the first year and $740,000 9.2 the second year are from the water 9.3 recreation account in the natural 9.4 resources fund for state park 9.5 development projects. 9.6 $3,060,000 the first year and 9.7 $3,060,000 the second year are for 9.8 payment of a grant to the metropolitan 9.9 council for metropolitan area regional 9.10 parks maintenance and operations. 9.11 $3,384,000 the first year and 9.12 $3,384,000 the second year are from the 9.13 natural resources fund for state park 9.14 and recreation area operations. This 9.15 appropriation is from the revenue 9.16 deposited to the natural resources fund 9.17 under Minnesota Statutes, section 9.18 297A.94, paragraph (e), clause (2). 9.19 $4,057,000 the first year and 9.20 $4,057,000 the second year are from the 9.21 natural resources fund for a grant to 9.22 the metropolitan council for 9.23 metropolitan area regional parks and 9.24 trails maintenance and operations. 9.25 This appropriation is from the revenue 9.26 deposited to the natural resources fund 9.27 under Minnesota Statutes, section 9.28 297A.94, paragraph (e), clause (3). 9.29 $7,681,000 the first year and 9.30 $7,681,000 the second year are from the 9.31 state parks account in the natural 9.32 resources fund for state park and 9.33 recreation area operations. 9.34 Subd. 6. Trails and Waterways 9.35 Management 9.36 22,371,000 21,884,000 9.37 Summary by Fund 9.38 General 1,573,000 1,573,000 9.39 Natural Resources 18,627,000 18,627,000 9.40 Game and Fish 2,171,000 1,684,000 9.41 $5,724,000 the first year and 9.42 $5,724,000 the second year are from the 9.43 snowmobile trails and enforcement 9.44 account in the natural resources fund 9.45 for snowmobile grants-in-aid. 9.46 $261,000 the first year and $261,000 9.47 the second year are from the water 9.48 recreation account in the natural 9.49 resources fund for a safe harbor 9.50 program on Lake Superior. 9.51 $674,000 the first year and $674,000 9.52 the second year are from the natural 9.53 resources fund for state trail 9.54 operations. This appropriation is from 9.55 the revenue deposited to the natural 9.56 resources fund under Minnesota 9.57 Statutes, section 297A.94, paragraph 9.58 (e), clause (2). 10.1 $541,000 the first year and $541,000 10.2 the second year are from the natural 10.3 resources fund for trail grants to 10.4 local units of government on land to be 10.5 maintained for at least 20 years for 10.6 the purposes of the grant. This 10.7 appropriation is from the revenue 10.8 deposited to the natural resources fund 10.9 under Minnesota Statutes, section 10.10 297A.94, paragraph (e), clause (4). 10.11 The appropriation in Laws 2001, First 10.12 Special Session chapter 2, section 5, 10.13 subdivision 6, from the water 10.14 recreation account in the natural 10.15 resources fund for preconstruction, 10.16 acquisition, and staffing needs for the 10.17 Mississippi Whitewater trail authorized 10.18 by Minnesota Statutes, section 85.0156, 10.19 is available until June 30, 2005. 10.20 Subd. 7. Fish Management 10.21 28,903,000 28,965,000 10.22 Summary by Fund 10.23 General 417,000 417,000 10.24 Natural Resources 197,000 197,000 10.25 Game and Fish 28,289,000 28,351,000 10.26 $402,000 the first year and $402,000 10.27 the second year are for resource 10.28 population surveys in the 1837 treaty 10.29 area. Of this amount, $260,000 the 10.30 first year and $260,000 the second year 10.31 are from the game and fish fund. 10.32 $177,000 the first year and $177,000 10.33 the second year are for the reinvest in 10.34 Minnesota programs of game and fish, 10.35 critical habitat, and wetlands 10.36 established under Minnesota Statutes, 10.37 section 84.95, subdivision 2. 10.38 $895,000 the first year and $895,000 10.39 the second year are from the trout and 10.40 salmon management account for only the 10.41 purposes specified in Minnesota 10.42 Statutes, section 97A.075, subdivision 10.43 3. 10.44 $98,000 the first year and $98,000 the 10.45 second year are available for aquatic 10.46 plant restoration. 10.47 $3,907,000 the first year and 10.48 $3,907,000 the second year are from the 10.49 heritage enhancement account in the 10.50 game and fish fund for only the 10.51 purposes specified in Minnesota 10.52 Statutes, section 297A.94, paragraph 10.53 (e), clause (1). This appropriation is 10.54 from the revenue deposited to the game 10.55 and fish fund under Minnesota Statutes, 10.56 section 297A.94, paragraph (e), clause 10.57 (1). 10.58 Subd. 8. Wildlife Management 11.1 23,129,000 23,129,000 11.2 Summary by Fund 11.3 General 1,298,000 1,298,000 11.4 Game and Fish 21,831,000 21,831,000 11.5 $565,000 the first year and $565,000 11.6 the second year are for the reinvest in 11.7 Minnesota programs of game and fish, 11.8 critical habitat, and wetlands 11.9 established under Minnesota Statutes, 11.10 section 84.95, subdivision 2. 11.11 $1,430,000 the first year and 11.12 $1,430,000 the second year are from the 11.13 wildlife acquisition surcharge account 11.14 for only the purposes specified in 11.15 Minnesota Statutes, section 97A.071, 11.16 subdivision 2a. 11.17 $1,269,000 the first year and 11.18 $1,269,000 the second year are from the 11.19 deer habitat improvement account for 11.20 only the purposes specified in 11.21 Minnesota Statutes, section 97A.075, 11.22 subdivision 1, paragraph (b). 11.23 $148,000 the first year and $148,000 11.24 the second year are from the deer and 11.25 bear management account for only the 11.26 purposes specified in Minnesota 11.27 Statutes, section 97A.075, subdivision 11.28 1, paragraph (c). 11.29 $708,000 the first year and $708,000 11.30 the second year are from the waterfowl 11.31 habitat improvement account for only 11.32 the purposes specified in Minnesota 11.33 Statutes, section 97A.075, subdivision 11.34 2. 11.35 $546,000 the first year and $546,000 11.36 the second year are from the pheasant 11.37 habitat improvement account for only 11.38 the purposes specified in Minnesota 11.39 Statutes, section 97A.075, subdivision 11.40 4. 11.41 $120,000 the first year and $120,000 11.42 the second year are from the wild 11.43 turkey management account for only the 11.44 purposes specified in Minnesota 11.45 Statutes, section 97A.075, subdivision 11.46 5. Of this amount, $8,000 the first 11.47 year and $8,000 the second year are 11.48 appropriated from the game and fish 11.49 fund for transfer to the wild turkey 11.50 management account for purposes 11.51 specified in Minnesota Statutes, 11.52 section 97A.075, subdivision 5. 11.53 $2,502,000 the first year and 11.54 $2,502,000 the second year are from the 11.55 heritage enhancement account in the 11.56 game and fish fund for only the 11.57 purposes specified in Minnesota 11.58 Statutes, section 297A.94, paragraph 11.59 (e), clause (1). This appropriation is 11.60 from the revenue deposited to the game 12.1 and fish fund under Minnesota Statutes, 12.2 section 297A.94, paragraph (e), clause 12.3 (1). 12.4 Subd. 9. Ecological Services 12.5 8,759,000 8,858,000 12.6 Summary by Fund 12.7 General 3,086,000 3,086,000 12.8 Natural Resources 2,572,000 2,632,000 12.9 Game and Fish 3,101,000 3,140,000 12.10 $1,028,000 the first year and 12.11 $1,028,000 the second year are from the 12.12 nongame wildlife management account in 12.13 the natural resources fund for the 12.14 purpose of nongame wildlife management. 12.15 $224,000 the first year and $224,000 12.16 the second year are for population and 12.17 habitat objectives of the nongame 12.18 wildlife management program. 12.19 $477,000 the first year and $477,000 12.20 the second year are for the reinvest in 12.21 Minnesota programs of game and fish, 12.22 critical habitat, and wetlands 12.23 established under Minnesota Statutes, 12.24 section 84.95, subdivision 2. 12.25 $1,235,000 the first year and 12.26 $1,235,000 the second year are from the 12.27 heritage enhancement account in the 12.28 game and fish fund for only the 12.29 purposes specified in Minnesota 12.30 Statutes, section 297A.94, paragraph 12.31 (e), clause (1). This appropriation is 12.32 from the revenue deposited to the game 12.33 and fish fund under Minnesota Statutes, 12.34 section 297A.94, paragraph (e), clause 12.35 (1). 12.36 Subd. 10. Enforcement 12.37 24,737,000 24,852,000 12.38 Summary by Fund 12.39 General 2,878,000 2,878,000 12.40 Natural Resources 5,361,000 5,361,000 12.41 Game and Fish 16,398,000 16,513,000 12.42 Remediation 100,000 100,000 12.43 $1,082,000 the first year and 12.44 $1,082,000 the second year are from the 12.45 water recreation account in the natural 12.46 resources fund for grants to counties 12.47 for boat and water safety. 12.48 $100,000 the first year and $100,000 12.49 the second year are from the 12.50 remediation fund for solid waste 12.51 enforcement activities under Minnesota 12.52 Statutes, section 116.073. 13.1 $315,000 the first year and $315,000 13.2 the second year are from the snowmobile 13.3 trails and enforcement account in the 13.4 natural resources fund for grants to 13.5 local law enforcement agencies for 13.6 snowmobile enforcement activities. 13.7 $1,137,000 the first year and 13.8 $1,137,000 the second year are from the 13.9 heritage enhancement account in the 13.10 game and fish fund for only the 13.11 purposes specified in Minnesota 13.12 Statutes, section 297A.94, paragraph 13.13 (e), clause (1). This appropriation is 13.14 from the revenue deposited to the game 13.15 and fish fund under Minnesota Statutes, 13.16 section 297A.94, paragraph (e), clause 13.17 (1). 13.18 Subd. 11. Operations Support 13.19 24,523,000 24,534,000 13.20 Summary by Fund 13.21 General 12,426,000 12,426,000 13.22 Natural Resources 4,010,000 4,010,000 13.23 Game and Fish 8,087,000 8,098,000 13.24 $189,000 the first year and $189,000 13.25 the second year are for technical 13.26 assistance and grants to assist local 13.27 government units and organizations in 13.28 the metropolitan area to acquire and 13.29 develop natural areas and greenways. 13.30 $375,000 the first year and $375,000 13.31 the second year are for the community 13.32 assistance program to provide for 13.33 technical assistance and regional 13.34 resource enhancement grants. 13.35 $240,000 the first year and $240,000 13.36 the second year are from the natural 13.37 resources fund for grants to be divided 13.38 equally between the city of St. Paul 13.39 for the Como Zoo and Conservatory and 13.40 the city of Duluth Zoo. This 13.41 appropriation is from the revenue 13.42 deposited to the natural resources fund 13.43 under Minnesota Statutes, section 13.44 297A.94, paragraph (e), clause (5). 13.45 Sec. 6. BOARD OF WATER 13.46 AND SOIL RESOURCES 13,762,000 13,761,000 13.47 Summary by Fund 13.48 General 13,762,000 13,761,000 13.49 $2,602,000 the first year and 13.50 $2,602,000 the second year are for 13.51 natural resources block grants to local 13.52 governments. 13.53 The board shall reduce the amount of 13.54 the natural resources block grant to a 13.55 county by an amount equal to any 13.56 reduction in the county's general 14.1 services allocation to a soil and water 14.2 conservation district from the county's 14.3 previous year allocation. 14.4 $3,566,000 the first year and 14.5 $3,566,000 the second year are for 14.6 grants to soil and water conservation 14.7 districts for general purposes, 14.8 nonpoint engineering, and 14.9 implementation of the Reinvest in 14.10 Minnesota conservation reserve 14.11 program. Upon approval of the board, 14.12 expenditures may be made from these 14.13 appropriations for supplies and 14.14 services benefiting soil and water 14.15 conservation districts. 14.16 $3,320,000 the first year and 14.17 $3,320,000 the second year are for 14.18 grants to soil and water conservation 14.19 districts for cost-sharing contracts 14.20 for erosion control and water quality 14.21 management. Of this amount, at least 14.22 $1,500,000 the first year and 14.23 $1,500,000 the second year are for 14.24 grants for cost-sharing contracts for 14.25 water quality management on feedlots. 14.26 Any unencumbered balance in the board's 14.27 program of grants does not cancel at 14.28 the end of the first year and is 14.29 available for the second year for the 14.30 same grant program. 14.31 Sec. 7. SCIENCE MUSEUM 14.32 OF MINNESOTA 618,000 -0- 14.33 Sec. 8. [TRANSFER.] 14.34 The commissioner of the pollution control agency shall 14.35 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 14.36 July 30, 2004, from the unreserved balance of the environmental 14.37 fund to the commissioner of finance for cancellation to the 14.38 general fund. 14.39 Sec. 9. Minnesota Statutes 2002, section 84.085, 14.40 subdivision 1, is amended to read: 14.41 Subdivision 1. [AUTHORITY.] (a) The commissioner of 14.42 natural resources may accept for and on behalf of the state any 14.43 gift, bequest, devise, or grants of lands or interest in lands 14.44 or personal property of any kind or of money tendered to the 14.45 state for any purpose pertaining to the activities of the 14.46 department or any of its divisions. Any money so received is 14.47 hereby appropriated and dedicated for the purpose for which it 14.48 is granted. Lands and interests in lands so received may be 14.49 sold or exchanged as provided in chapter 94. 14.50 (b) The commissioner of natural resources, on behalf of the 15.1 state, may accept and use grants of money or property from the 15.2 United States or other grantors for conservation purposes not 15.3 inconsistent with the laws of this state. Any money or property 15.4 so received is hereby appropriated and dedicated for the 15.5 purposes for which it is granted, and shall be expended or used 15.6 solely for such purposes in accordance with the federal laws and 15.7 regulations pertaining thereto, subject to applicable state laws 15.8 and rules as to manner of expenditure or use providing that the 15.9 commissioner may make subgrants of any money received to other 15.10 agencies, units of local government, private individuals, 15.11 private organizations, and private nonprofit corporations. 15.12 Appropriate funds and accounts shall be maintained by the 15.13 commissioner of finance to secure compliance with this section. 15.14 (c) The commissioner may accept for and on behalf of the 15.15 permanent school fund a donation of lands, interest in lands, or 15.16 improvements on lands. A donation so received shall become 15.17 state property, be classified as school trust land as defined in 15.18 section 92.025, and be managed consistent with section 127A.31. 15.19 Sec. 10. Minnesota Statutes 2002, section 84.415, is 15.20 amended by adding a subdivision to read: 15.21 Subd. 1a. [UTILITY LICENSES ACROSS STATE LANDS AND 15.22 WATERS.] The commissioner may grant licenses permitting the 15.23 passage of utilities across state land or public waters under 15.24 the commissioner's jurisdiction. For purposes of this section, 15.25 "utilities" include: telephone, electric power, and fiber optic 15.26 lines, cables or conduits, underground or otherwise; and mains 15.27 or pipelines for gas, liquids, or solids in suspension. 15.28 Sec. 11. Minnesota Statutes 2002, section 84.415, is 15.29 amended by adding a subdivision to read: 15.30 Subd. 3a. [APPLICATION; FORM AND FEE.] The applicant must 15.31 complete and submit, in writing or electronically, an 15.32 application on a form provided by the commissioner. The 15.33 applicant shall include a fee of $500 with each application for 15.34 a license, except that if the number of crossings is greater 15.35 than ten, the application fee must be increased by an additional 15.36 $50 per crossing. 16.1 Application fees must not be refunded if the application is 16.2 withdrawn. The application fee must be deposited into the 16.3 general fund. 16.4 Sec. 12. Minnesota Statutes 2002, section 84.415, 16.5 subdivision 4, is amended to read: 16.6 Subd. 4. [ATTORNEY GENERAL, DUTIES; LICENSE FORM.] The 16.7 licenseor permitto be granted shall be in a form to be 16.8 prescribed by the attorney general;, shall describe the location 16.9 of the licenseor permit therebygranted, and shall continue 16.10 until canceled by the commissioner, subject to change or16.11modification as herein provided. The license must: 16.12 (1) provide that the crossing must be designed, 16.13 constructed, and maintained so that the ongoing use is 16.14 compatible with surrounding land uses and does not cause 16.15 significant adverse environmental or natural resource management 16.16 impacts as determined by the commissioner; 16.17 (2) provide that the license reverts to the state in the 16.18 event of nonuse for one year, with the holder required to notify 16.19 the state upon abandonment; and 16.20 (3) include other terms and conditions of use as necessary 16.21 and appropriate under the circumstances. 16.22 Sec. 13. Minnesota Statutes 2002, section 84.415, 16.23 subdivision 5, is amended to read: 16.24 Subd. 5. [FEEFEES.] (a) In addition to the application 16.25 fee, a onetime utility crossing fee must be paid to secure a 16.26 license as follows: 16.27 (1) if the utility license is for a crossing of state land, 16.28 the fee equals the acreage of the occupied corridor times the 16.29 estimated market value as determined by the commissioner. The 16.30 minimum corridor width for the calculation is ten feet; and 16.31 (2) if the utility license is for a crossing of public 16.32 waters, the fee must be determined as follows: 16.33 (i) if the utility is a cable lying on a public waters bed, 16.34 the fee is $100 for the first 100 linear feet, or portion 16.35 thereof, and 50 cents per linear foot for each foot in excess of 16.36 100 linear feet; 17.1 (ii) if the commissioner determines that the crossing will 17.2 have a low impact by not disturbing the public waters bed and 17.3 not resulting in exposed lines suspended over public waters, the 17.4 fee is $100 for the first 100 linear feet, or portion thereof, 17.5 and 25 cents per foot for each foot in excess of 100 linear 17.6 feet; and 17.7 (iii) for all other crossings of public waters, if the 17.8 corridor width is: 17.9 (A) ten feet or less, the fee is $200 for the first 100 17.10 linear feet, or portion thereof, and 50 cents per foot for each 17.11 foot in excess of 100 linear feet; and 17.12 (B) greater than ten feet, the fee is $300 for the first 17.13 100 linear feet, or portion thereof, and 75 cents for each foot 17.14 in excess of 100 linear feet. 17.15 (b) In the event the construction of such lines causes 17.16 damage to timber or other property of the state on or along the 17.17 same, the licenseor permit shallmust also provide for payment 17.18 to the state treasurer ofthean amountthereof as may be17.19 determined by the commissioner. The commissioner may charge for 17.20 costs incurred to investigate damages to the property of the 17.21 state by construction of a utility crossing and for costs 17.22 incurred to investigate a utility crossing that was constructed 17.23 without first applying for the license. This payment must be 17.24 deposited in the general fund. 17.25 (c) All money received undersuchparagraph (a) for 17.26 licensesor permitscrossing state lands shall be credited to 17.27 the fund to which other income or proceeds of sale fromsuchthe 17.28 land would be credited, ifprovision therefor beprovisions were 17.29 made by law, otherwise to the general fund. All money received 17.30 under paragraph (a) for licenses crossing public waters must be 17.31 credited to the permanent school fund. 17.32 Sec. 14. Minnesota Statutes 2002, section 84.415, is 17.33 amended by adding a subdivision to read: 17.34 Subd. 6. [LICENSE MODIFICATION.] Any utility license 17.35 issued before July 1, 2003, and remaining in force may be 17.36 modified by the commissioner of natural resources to conform 18.1 with this section, upon application of the holder of the license. 18.2 Sec. 15. Minnesota Statutes 2002, section 84D.14, is 18.3 amended to read: 18.4 84D.14 [EXEMPTIONS.] 18.5 This chapter does not apply to: 18.6 (1) pathogens and terrestrial arthropodsregulated under18.7sections 18.44 to 18.61; or 18.8 (2) mammals and birds defined by statute as livestock. 18.9 Sec. 16. Minnesota Statutes 2002, section 85.052, 18.10 subdivision 3, is amended to read: 18.11 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 18.12 An individual using spaces in state parks under subdivision 1, 18.13 clause (2), shall be charged daily rates determined and set by 18.14 the commissioner in a manner and amount consistent with the type 18.15 of facility provided for the accommodation of guests in a 18.16 particular park and with similar facilities offered for tourist 18.17 camping and similar use in the area. 18.18 (b) The fee for special parking spurs, campgrounds for 18.19 automobiles, sites for tent camping, and special auto trailer 18.20 coach parking spaces is one-half of the fee set in paragraph (a) 18.21 on Sunday through Thursday of each week for a physically 18.22 handicapped person: 18.23 (1)an individual age 65 or over who is a resident of the18.24state and who furnishes satisfactory proof of age and residence;18.25(2) a physically handicapped personwith a motor vehicle 18.26 that has special plates issued under section 168.021, 18.27 subdivision 1; or 18.28(3) a physically handicapped person(2) who possesses a 18.29 certificate issued under section 169.345, subdivision 3. 18.30 Sec. 17. Minnesota Statutes 2002, section 85.053, 18.31 subdivision 1, is amended to read: 18.32 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 18.33 commissioner shall prepare and provide state park permits for 18.34 each calendar year that state a motor vehicle may enter and use 18.35 state parks, state recreation areas, and state waysides over 50 18.36 acres in area. State park permits must be available and placed 19.1 on sale byOctoberJanuary 1 ofthe year precedingthe calendar 19.2 year that the permit is valid. A separate motorcycle permit may 19.3 be prepared and provided by the commissioner. 19.4 (b) An annual state park permit must be affixed when 19.5 purchased and may be used from the time it is affixed for a 19.6 12-month period. State park permits in each category must be 19.7 numbered consecutively for each year of issue. 19.8 (c) State park permits shall be issued by employees of the 19.9 division of parks and recreation as designated by the 19.10 commissioner. State park permits also may be consigned to and 19.11 issued by agents designated by the commissioner who are not 19.12 employees of the division of parks and recreation. All proceeds 19.13 from the sale of permits and all unsold permits consigned to 19.14 agents shall be returned to the commissioner at such times as 19.15 the commissioner may direct, but no later than the end of the 19.16 calendar year for which the permits are effective. No part of 19.17 the permit fee may be retained by an agent. An additional 19.18 charge or fee in an amount to be determined by the commissioner, 19.19 but not to exceed four percent of the price of the permit, may 19.20 be collected and retained by an agent for handling or selling 19.21 the permits. 19.22 [EFFECTIVE DATE.] This section is effective the day 19.23 following final enactment. 19.24 Sec. 18. Minnesota Statutes 2002, section 85A.02, 19.25 subdivision 17, is amended to read: 19.26 Subd. 17. [ADDITIONAL POWERS.] The board may establish a 19.27 schedule of charges for admission to or the use of the Minnesota 19.28 zoological garden or any related facility. Notwithstanding 19.29 section 16A.1283, legislative approval is not required for the 19.30 board to establish a schedule of charges for admission or use of 19.31 the Minnesota zoological garden or related facilities. The 19.32 board shall have a policy admitting elementary school children 19.33 atnoa reduced charge when they are part of an organized school 19.34 activity. The Minnesota zoological garden will offer free 19.35 admission throughout the year to economically disadvantaged 19.36 Minnesota citizens equal to ten percent of the average annual 20.1 attendance. However, the zoo may charge at any time for 20.2 parking, special services, and for admission to special 20.3 facilities for the education, entertainment, or convenience of 20.4 visitors. Notwithstanding section 16C.09, the board may provide 20.5 for the purchase, reproduction, and sale of gifts, souvenirs, 20.6 publications, informational materials, food and beverages, and 20.7 grant concessions for the sale of these items. 20.8 Sec. 19. Minnesota Statutes 2002, section 86B.415, 20.9 subdivision 7, is amended to read: 20.10 Subd. 7. [WATERCRAFT SURCHARGE.] A$5$7 surcharge is 20.11 placed on each watercraft licensed under subdivisions 1 to 5 for 20.12 control, public awareness, law enforcement, monitoring, and 20.13 research of nuisance aquatic exotic species such as zebra 20.14 mussel, purple loosestrife, and Eurasian water milfoil in public 20.15 waters and public wetlands. 20.16 [EFFECTIVE DATE.] This section is effective January 1, 2004. 20.17 Sec. 20. Minnesota Statutes 2002, section 97A.475, 20.18 subdivision 15, is amended to read: 20.19 Subd. 15. [FISHING GUIDES.] The fee for a license to 20.20 operate a charter boat and guide anglers on Lake Superior or the 20.21 St. Louis river estuary is: 20.22 (1) for a resident,$35$110; 20.23 (2) for a nonresident,$140$440; or 20.24 (3) if another state charges a Minnesota resident a fee 20.25 greater than$140$440 for a Lake Superior or St. Louis river 20.26 estuary fishing guide license in that state, the nonresident fee 20.27 for a resident of that state is that greater fee. 20.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 20.29 Sec. 21. Minnesota Statutes 2002, section 97A.475, 20.30 subdivision 26, is amended to read: 20.31 Subd. 26. [MINNOW DEALERS.] The fees for the following 20.32 licenses are: 20.33 (1) minnow dealer,$100$310; 20.34 (2) minnow dealer's vehicle,$15$47; 20.35 (3) exporting minnow dealer,$350$1,100; and 20.36 (4) exporting minnow dealer's vehicle,$15$47. 21.1 [EFFECTIVE DATE.] This section is effective March 1, 2004. 21.2 Sec. 22. Minnesota Statutes 2002, section 97A.475, 21.3 subdivision 27, is amended to read: 21.4 Subd. 27. [MINNOW RETAILERS.] The fees for the following 21.5 licenses, to be issued to residents and nonresidents, are: 21.6 (1) minnow retailer,$15$47; and 21.7 (2) minnow retailer's vehicle,$15$47. 21.8 [EFFECTIVE DATE.] This section is effective March 1, 2004. 21.9 Sec. 23. Minnesota Statutes 2002, section 97A.475, 21.10 subdivision 28, is amended to read: 21.11 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 21.12 following licenses, to be issued to nonresidents, are: 21.13 (1) exporting minnow hauler,$675$2,075; and 21.14 (2) exporting minnow hauler's vehicle,$15$47. 21.15 [EFFECTIVE DATE.] This section is effective March 1, 2004. 21.16 Sec. 24. Minnesota Statutes 2002, section 97A.475, 21.17 subdivision 29, is amended to read: 21.18 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 21.19 following licenses to be issued to residents and nonresidents 21.20 are: 21.21 (1) for a private fish hatchery, with annual sales under 21.22 $200,$35$110; 21.23 (2) for a private fish hatchery, with annual sales of $200 21.24 or more,$70$220; and 21.25 (3) to take sucker eggs from public waters for a private 21.26 fish hatchery,$210$660, plus$4$12.50 for each quart in 21.27 excess of 100 quarts. 21.28 [EFFECTIVE DATE.] This section is effective March 1,2004. 21.29 Sec. 25. Minnesota Statutes 2002, section 97A.475, 21.30 subdivision 30, is amended to read: 21.31 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 21.32 commercial fish are: 21.33 (1) commercial license fees: 21.34 (i) for residents and nonresidents seining and netting in 21.35 inland waters,$90$280; 21.36 (ii) for residents netting in Lake Superior,$50$160; 22.1 (iii) for residents netting in Lake of the Woods, Rainy, 22.2 Namakan, and Sand Point lakes,$50$160; 22.3 (iv) for residents seining in the Mississippi River from St. 22.4 Anthony Falls to the St. Croix River junction,$50$160; 22.5 (v) for residents seining, netting, and set lining in 22.6 Wisconsin boundary waters from Lake St. Croix to the Iowa 22.7 border,$50$160; and 22.8 (vi) for a resident apprentice license,$25$80; and 22.9 (2) commercial gear fees: 22.10 (i) for each gill net in Lake Superior, Wisconsin boundary 22.11 waters, and Namakan Lake,$3.50$11 per 100 feet of net; 22.12 (ii) for each seine in inland waters, on the Mississippi 22.13 River as described in section 97C.801, subdivision 2, and in 22.14 Wisconsin boundary waters,$7$22 per 100 feet; 22.15 (iii) for each commercial hoop net in inland 22.16 waters,$1.25$4; 22.17 (iv) for each submerged fyke, trap, and hoop net in Lake 22.18 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 22.19 Namakan, and Sand Point lakes, and for each pound net in Lake 22.20 Superior,$15$47; 22.21 (v) for each stake and pound net in Lake of the 22.22 Woods,$60$190; and 22.23 (vi) for each set line in the Wisconsin boundary waters, 22.24$20$60. 22.25 [EFFECTIVE DATE.] This section is effective March 1, 2004. 22.26 Sec. 26. Minnesota Statutes 2002, section 97A.475, 22.27 subdivision 38, is amended to read: 22.28 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 22.29 from commercial fishing licensees to be issued residents and 22.30 nonresidents are: 22.31 (1) for Lake Superior fish bought for sale to retailers, 22.32$70$220; 22.33 (2) for Lake Superior fish bought for sale to consumers, 22.34$15$47; 22.35 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 22.36 Lake fish bought for sale to retailers,$140$440; and 23.1 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 23.2 Lake fish bought for shipment only on international boundary 23.3 waters,$15$47. 23.4 [EFFECTIVE DATE.] This section is effective March 1, 2004. 23.5 Sec. 27. Minnesota Statutes 2002, section 97A.475, 23.6 subdivision 39, is amended to read: 23.7 Subd. 39. [FISH PACKER.] The fee for a license to prepare 23.8 dressed game fish for transportation or shipment is$20$65. 23.9 [EFFECTIVE DATE.] This section is effective March 1, 2004. 23.10 Sec. 28. Minnesota Statutes 2002, section 97A.475, 23.11 subdivision 40, is amended to read: 23.12 Subd. 40. [FISH VENDORS.] The fee for a license to use a 23.13 motor vehicle to sell fish is$35$110. 23.14 [EFFECTIVE DATE.] This section is effective March 1, 2004. 23.15 Sec. 29. Minnesota Statutes 2002, section 97A.475, 23.16 subdivision 42, is amended to read: 23.17 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 23.18 in frogs that are to be used for purposes other than bait are: 23.19 (1) for a resident to purchase, possess, and transport 23.20 frogs,$100$310; 23.21 (2) for a nonresident to purchase, possess, and transport 23.22 frogs,$280$875; and 23.23 (3) for a resident to take, possess, transport, and sell 23.24 frogs,$15$47. 23.25 [EFFECTIVE DATE.] This section is effective March 1, 2004. 23.26 Sec. 30. Minnesota Statutes 2002, section 97B.645, 23.27 subdivision 7, is amended to read: 23.28 Subd. 7. [INVESTIGATION OF REPORTED GRAY WOLF TAKINGS.] 23.29 (a) In response to a reported gray wolf taking under subdivision 23.30 3, 5, or 6, the commissioner shall: 23.31 (1) investigate the reported taking; 23.32 (2) collect appropriate written and photographic 23.33 documentation of the circumstances and site of the taking, 23.34 including, but not limited to, documentation of animal husbandry 23.35 practices; 23.36 (3) confiscate salvageable remains of the gray wolf killed; 24.1 and 24.2 (4) dispose of any salvageable gray wolf remains 24.3 confiscated under this subdivision by sale or donation for 24.4 educational purposes. 24.5 (b) The commissioner shall produce monthly reports of 24.6 activities under this subdivision. 24.7 (c) In response to a reported gray wolf taking under 24.8 subdivision 5, the commissioner must notify the county extension 24.9 agent. The county extension agent must recommend what, if any, 24.10 cost-conscious livestock best management practices and nonlethal 24.11 wolf depredation controls are needed to prevent future wolf 24.12 depredation.Any best management practices recommended by the24.13county extension agent must be consistent with the best24.14management practices developed by the commissioner of24.15agriculture under section 3.737, subdivision 5.24.16 Sec. 31. Minnesota Statutes 2002, section 103B.231, 24.17 subdivision 3a, is amended to read: 24.18 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 24.19 soil resources in consultation with the state review agencies 24.20 and the metropolitan councilshallmay develop a priority 24.21 schedule for the revision of plans required under this chapter. 24.22 (b) The prioritization should be based on but not be 24.23 limited to status of current plan, scheduled revision dates, 24.24 anticipated growth and development, existing and potential 24.25 problems, and regional water quality goals and priorities. 24.26 (c) The schedule will be used by the board of water and 24.27 soil resources in consultation with the state review agencies 24.28 and the metropolitan council to direct watershed management 24.29 organizations of when they will be required to revise their 24.30 plans. 24.31 (d)Upon notification from the board of water and soil24.32resources that a revision of a plan is required, a watershed24.33management organization shall have 24 months from the date of24.34notification to revise and submit a plan for review.24.35(e)In the event that a plan expires prior to notification 24.36 from the board of water and soil resources under this section, 25.1 the existing plan, authorities, and official controls of a 25.2 watershed management organization shall remain in full force and 25.3 effect until a revision is approved. 25.4(f) A one-year extension to submit a revised plan may be25.5granted by the board.25.6(g)(e) Watershed management organizations submitting plans 25.7 and draft plan amendments for review prior to the board's 25.8 priority review schedule, may proceed to adopt and implement the 25.9 plan revisions without formal board approval if the board fails 25.10 to adjust its priority review schedule for plan review, and 25.11 commence its statutory review process within 45 days of 25.12 submittal of the plan revision or amendment. 25.13 Sec. 32. Minnesota Statutes 2002, section 103B.305, 25.14 subdivision 3, is amended to read: 25.15 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 25.16 "Comprehensive local water management plan,"means25.17 "comprehensive water plan," "local water plan," and "local water 25.18 management plan" mean the plan adopted by a county under 25.19 sections 103B.311 and 103B.315. 25.20 Sec. 33. Minnesota Statutes 2002, section 103B.305, is 25.21 amended by adding a subdivision to read: 25.22 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those 25.23 local government units coordinating planning under sections 25.24 103B.301 to 103B.335. 25.25 Sec. 34. Minnesota Statutes 2002, section 103B.305, is 25.26 amended by adding a subdivision to read: 25.27 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means 25.28 issues, resources, subwatersheds, or demographic areas that are 25.29 identified as a priority by the plan authority. 25.30 Sec. 35. Minnesota Statutes 2002, section 103B.305, is 25.31 amended by adding a subdivision to read: 25.32 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 25.33 concerns scoping document" means the list of the chosen priority 25.34 concerns and a detailed account of how those concerns were 25.35 identified and chosen. 25.36 Sec. 36. Minnesota Statutes 2002, section 103B.305, is 26.1 amended by adding a subdivision to read: 26.2 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies" 26.3 means the board of water and soil resources, the department of 26.4 agriculture, the department of health, the department of natural 26.5 resources, the pollution control agency, and other agencies 26.6 granted state review status by a resolution of the board. 26.7 Sec. 37. Minnesota Statutes 2002, section 103B.311, 26.8 subdivision 1, is amended to read: 26.9 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged 26.10 to develop and implement acomprehensivelocal water management 26.11 plan. Each county that develops and implements a plan has the 26.12 duty and authority to: 26.13 (1) prepare and adopt acomprehensivelocal water 26.14 management plan that meets the requirements of this section and 26.15 section 103B.315; 26.16 (2) review water and related land resources plans and 26.17 official controls submitted by local units of government to 26.18 assure consistency with thecomprehensivelocal water management 26.19 plan; and 26.20 (3) exercise any and all powers necessary to assure 26.21 implementation ofcomprehensivelocal water management plans. 26.22 Sec. 38. Minnesota Statutes 2002, section 103B.311, 26.23 subdivision 2, is amended to read: 26.24 Subd. 2. [DELEGATION.] The county is responsible for 26.25 preparing, adopting, and assuring implementation of the 26.26comprehensivelocal water management plan, but may delegate all 26.27 or part of the preparation of the plan to a local unit of 26.28 government, a regional development commission, or a resource 26.29 conservation and development committee. The county may not 26.30 delegate authority for the exercise of eminent domain, taxation, 26.31 or assessment to a local unit of government that does not 26.32 possess those powers. 26.33 Sec. 39. Minnesota Statutes 2002, section 103B.311, 26.34 subdivision 3, is amended to read: 26.35 Subd. 3. [COORDINATION.] (a) To assure the coordination of 26.36 efforts of all local units of government within a county during 27.1 the preparation and implementation of acomprehensivelocal 27.2 water management plan, each county intending to adopt a plan 27.3 shall conduct meetings with other local units of government and 27.4 may execute agreements with other local units of government 27.5 establishing the responsibilities of each unit during the 27.6 preparation and implementation of thecomprehensivelocal water 27.7 management plan. 27.8 (b) Each county intending to adopt a plan shall coordinate 27.9 its planning program with contiguous counties. Before meeting 27.10 with local units of government, a county board shall notify the 27.11 county boards of each county contiguous to it that the county is 27.12 about to begin preparing itscomprehensivelocal water 27.13 management plan and is encouraged to request and hold a joint 27.14 meeting with the contiguous county boards to consider the 27.15 planning process. 27.16 Sec. 40. Minnesota Statutes 2002, section 103B.311, 27.17 subdivision 4, is amended to read: 27.18 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A 27.19comprehensivelocal water management plan must: 27.20 (1) cover the entire area within a county; 27.21 (2) address water problems in the context of watershed 27.22 units and groundwater systems; 27.23 (3) be based upon principles of sound hydrologic management 27.24 of water, effective environmental protection, and efficient 27.25 management; 27.26 (4) be consistent withcomprehensivelocal water management 27.27 plans prepared by counties and watershed management 27.28 organizations wholly or partially within a single watershed unit 27.29 or groundwater system; and 27.30 (5) thecomprehensivelocal water management plan must 27.31 specify the period covered by thecomprehensivelocal water 27.32 management plan and must extend at least five years but no more 27.33 than ten years from the date the board approves 27.34 thecomprehensivelocal water management plan. 27.35ComprehensiveLocal water management plans that contain revision 27.36 dates inconsistent with this section must comply with that date, 28.1 provided it is not more than ten years beyond the date of board 28.2 approval. A two-year extension of the revision date of 28.3 acomprehensivelocal water management plan may be granted by 28.4 the board, provided no projects are ordered or commenced during 28.5 the period of the extension. 28.6 (b) Existing water and related land resources plans, 28.7 including plans related to agricultural land preservation 28.8 programs developed pursuant to chapter 40A, must be fully 28.9 utilized in preparing thecomprehensivelocal water management 28.10 plan. Duplication of the existing plans is not required. 28.11 Sec. 41. [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 28.12 Each priority concerns scoping document must contain: 28.13 (1) the list of proposed priority concerns the plan will 28.14 address; and 28.15 (2) a description of how and why the priority concerns were 28.16 chosen, including: 28.17 (i) a list of all public and internal forums held to gather 28.18 input regarding priority concerns, including the dates they were 28.19 held, a list of participants and affiliated organizations, a 28.20 summary of the proceedings, and supporting data; 28.21 (ii) the process used to locally coordinate and resolve 28.22 differences between the plan's priority concerns and other 28.23 state, local, and regional concerns; and 28.24 (iii) a list of issues identified by the stakeholders but 28.25 not selected as priority concerns, why they were not included in 28.26 the list of priority concerns, and a brief description of how 28.27 the concerns may be addressed or delegated to other partnering 28.28 entities. 28.29 Sec. 42. [103B.313] [PLAN DEVELOPMENT.] 28.30 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water 28.31 management plan authority shall send a notice to local 28.32 government units partially or wholly within the planning 28.33 jurisdiction, adjacent counties, and state review agencies of 28.34 their intent to revise the local water management plan. The 28.35 notice of a plan revision must include an invitation for all 28.36 recipients to submit priority concerns they wish to see the plan 29.1 address. 29.2 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING 29.3 AUTHORITY.] Local governments and state review agencies must 29.4 submit the priority concerns they want the plan to address to 29.5 the plan authority within 45 days of receiving the notice 29.6 defined in subdivision 1 or within an otherwise agreed-upon time 29.7 frame. 29.8 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting 29.9 the priority concerns scoping document to the board, the plan 29.10 authority shall publish a legal notice for and conduct a public 29.11 information meeting. 29.12 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 29.13 TO BOARD.] The plan authority shall send the scoping document to 29.14 all state review agencies for review and comment. State review 29.15 agencies shall provide comments on the plan outline to the board 29.16 within 30 days of receipt. 29.17 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 29.18 DOCUMENT.] The board shall review the scoping document and the 29.19 comments submitted in accordance with this subdivision. The 29.20 board shall provide comments to the local plan authority within 29.21 60 days of receiving the scoping document, or after the next 29.22 regularly scheduled board meeting, whichever is later. No local 29.23 water management plan may be approved pursuant to section 29.24 103B.315 without addressing items communicated in the board 29.25 comments to the plan authority. The plan authority may request 29.26 that resolution of unresolved issues be addressed pursuant to 29.27 board policy defined in section 103B.345. 29.28 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION 29.29 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 29.30 review agencies shall, upon request from the local government, 29.31 provide existing plans, reports, and data analysis related to 29.32 priority concerns to the plan author within 60 days from the 29.33 date of the request or within an otherwise agreed upon time 29.34 frame. 29.35 Sec. 43. [103B.314] [CONTENTS OF PLAN.] 29.36 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an 30.1 executive summary, including: 30.2 (1) the purpose of the local water management plan; 30.3 (2) a description of the priority concerns to be addressed 30.4 by the plan; 30.5 (3) a summary of goals and actions to be taken along with 30.6 the projected total cost of the implementation program; 30.7 (4) a summary of the consistency of the plan with other 30.8 pertinent local, state, and regional plans and controls, and 30.9 where inconsistencies are noted; and 30.10 (5) a summary of recommended amendments to other plans and 30.11 official controls to achieve consistency. 30.12 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each 30.13 priority concern defined pursuant to section 103B.312, clause 30.14 (1), the plan shall analyze relevant data, plans, and policies 30.15 provided by agencies consistent with section 103B.313, 30.16 subdivision 6, and describe the magnitude of the concern, 30.17 including how the concern is impacting or changing the local 30.18 land and water resources. 30.19 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY 30.20 CONCERNS.] Each plan must contain specific measurable goals and 30.21 objectives relating to the priority concerns and other state, 30.22 regional, or local concerns. The goals and objectives must 30.23 coordinate and attempt to resolve conflict with city, county, 30.24 regional, or state goals and policies. 30.25 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY 30.26 CONCERNS.] (a) For the measurable goals identified in 30.27 subdivision 3, each plan must include an implementation program 30.28 that includes the items described in paragraphs (b) to (e). 30.29 (b) An implementation program must include actions 30.30 involving, but not limited to, data collection programs, 30.31 educational programs, capital improvement projects, project 30.32 feasibility studies, enforcement strategies, amendments to 30.33 existing official controls, and adoption of new official 30.34 controls. If the local government finds that no actions are 30.35 necessary to address the goals and objectives identified in 30.36 subdivision 3 it must explain why actions are not needed. Staff 31.1 and financial resources available or needed to carry out the 31.2 local water management plan must be stated. 31.3 (c) The implementation schedule must state the time in 31.4 which each of the actions contained in the implementation 31.5 program will be taken. 31.6 (d) If a local government unit has made any agreement for 31.7 the implementation of the plan or portions of a plan by another 31.8 local unit of government, that local unit must be specified, the 31.9 responsibility indicated, and a description included indicating 31.10 how and when the implementation will happen. 31.11 (e) If capital improvement projects are proposed to 31.12 implement the local water management plan, the projects must be 31.13 described in the plan. The description of a proposed capital 31.14 improvement project must include the following information: 31.15 (1) the physical components of the project, including their 31.16 approximate size, configuration, and location; 31.17 (2) the purposes of the project and relationship to the 31.18 objectives in the plan; 31.19 (3) the proposed schedule for project construction; 31.20 (4) the expected federal, state, and local costs; 31.21 (5) the types of financing proposed, such as special 31.22 assessments, ad valorem taxes, and grants; and 31.23 (6) the sources of local financing proposed. 31.24 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 31.25 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 31.26 actions that will be taken to carry out the responsibilities or 31.27 activities, identify the lead and supporting organizations or 31.28 government units that will be involved in carrying out the 31.29 action, and estimate the cost of each action. 31.30 Subd. 6. [AMENDMENTS.] The plan authority may initiate an 31.31 amendment to the local water management plan by submitting a 31.32 petition to the board and sending copies of the proposed 31.33 amendment and the date of the public hearing to the following 31.34 entities for review: local government units defined in section 31.35 103B.305, subdivision 5, that are within the plan's 31.36 jurisdiction; and the state review agencies. 32.1 After the public hearing the board may, by order, approve 32.2 or prescribe changes in the amendment. The amendment becomes 32.3 part of the local water management plan after being approved by 32.4 the board. The board must send the order and the approved 32.5 amendment to the entities that received the proposed amendment 32.6 and notice of the public hearing. 32.7 Sec. 44. Minnesota Statutes 2002, section 103B.315, 32.8 subdivision 4, is amended to read: 32.9 Subd. 4. [PUBLIC HEARING.] The county board shall conduct 32.10 a public hearing on thecomprehensivelocal water management 32.11 plan pursuant to section 375.51 after the 60-day period for 32.12 local review and comment is completed but before submitting it 32.13 to the state for review. 32.14 Sec. 45. Minnesota Statutes 2002, section 103B.315, 32.15 subdivision 5, is amended to read: 32.16 Subd. 5. [STATE REVIEW.] (a) After conducting the public 32.17 hearing but before final adoption, the county board must submit 32.18 itscomprehensivelocal water management plan, all written 32.19 comments received on the plan, a record of the public hearing 32.20 under subdivision 4, and a summary of changes incorporated as a 32.21 result of the review process to the board for review. The board 32.22 shall complete the review within 90 days after receiving a 32.23comprehensivelocal water management plan and supporting 32.24 documents. The board shall consult with the departments of 32.25 agriculture, health, and natural resources; the pollution 32.26 control agency; the environmental quality board; and other 32.27 appropriate state agencies during the review. 32.28 (b) The board may disapprove acomprehensivelocal water 32.29 management plan if the board determines the plan is not 32.30 consistent with state law. If a plan is disapproved, the board 32.31 shall provide a written statement of its reasons for 32.32 disapproval. A disapprovedcomprehensivelocal water management 32.33 plan must be revised by the county board and resubmitted for 32.34 approval by the board within 120 days after receiving notice of 32.35 disapproval of thecomprehensivelocal water management plan, 32.36 unless the board extends the period for good cause. The 33.1 decision of the board to disapprove the plan may be appealed by 33.2 the county to district court. 33.3 Sec. 46. Minnesota Statutes 2002, section 103B.315, 33.4 subdivision 6, is amended to read: 33.5 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board 33.6 shall adopt and begin implementation of itscomprehensivelocal 33.7 water management plan within 120 days after receiving notice of 33.8 approval of the plan from the board. 33.9 Sec. 47. Minnesota Statutes 2002, section 103B.321, 33.10 subdivision 1, is amended to read: 33.11 Subdivision 1. [GENERAL.] The board shall: 33.12 (1) develop guidelines for the contents ofcomprehensive33.13 local water management plans that provide for a flexible 33.14 approach to meeting the different water and related land 33.15 resources needs of counties and watersheds across the state; 33.16 (2) coordinate assistance of state agencies to counties and 33.17 other local units of government involved in preparation of 33.18comprehensivelocal water management plans, including 33.19 identification of pertinent data and studies available from the 33.20 state and federal government; 33.21 (3) conduct an active program of information and education 33.22 concerning the requirements and purposes of sections 103B.301 to 33.23 103B.355 in conjunction with the association of Minnesota 33.24 counties; 33.25 (4) determine contested cases under section 103B.345; 33.26 (5) establish a process for review ofcomprehensivelocal 33.27 water management plans that assures the plans are consistent 33.28 with state law; 33.29 (6) report to the house of representatives and senate 33.30 committees with jurisdiction over the environment, natural 33.31 resources, and agriculture as required by section 103B.351; and 33.32 (7) make grants to counties forcomprehensivelocal water 33.33 management planning, implementation of priority actions 33.34 identified in approved plans, and sealing of abandoned wells. 33.35 Sec. 48. Minnesota Statutes 2002, section 103B.321, 33.36 subdivision 2, is amended to read: 34.1 Subd. 2. [RULEMAKING.] The boardshallmay adopt rules to 34.2 implement sections 103B.301 to 103B.355. 34.3 Sec. 49. Minnesota Statutes 2002, section 103B.325, 34.4 subdivision 1, is amended to read: 34.5 Subdivision 1. [REQUIREMENT.] Local units of government 34.6 shall amend existing water and related land resources plans and 34.7 official controls as necessary to conform them to the 34.8 applicable, approvedcomprehensivelocal water management plan 34.9 following the procedures in this section. 34.10 Sec. 50. Minnesota Statutes 2002, section 103B.325, 34.11 subdivision 2, is amended to read: 34.12 Subd. 2. [PROCEDURE.] Within 90 days after local units of 34.13 government are notified by the county board of the adoption of a 34.14comprehensivelocal water management plan or of adoption of an 34.15 amendment to a comprehensive water plan, the local units of 34.16 government exercising water and related land resources planning 34.17 and regulatory responsibility for areas within the county must 34.18 submit existing water and related land resources plans and 34.19 official controls to the county board for review. The county 34.20 board shall identify any inconsistency between the plans and 34.21 controls and thecomprehensivelocal water management plan and 34.22 shall recommend the amendments necessary to bring local plans 34.23 and official controls into conformance with thecomprehensive34.24 local water management plan. 34.25 Sec. 51. Minnesota Statutes 2002, section 103B.331, 34.26 subdivision 1, is amended to read: 34.27 Subdivision 1. [AUTHORITY.] When an approvedcomprehensive34.28 local water management plan is adopted the county has the 34.29 authority specified in this section. 34.30 Sec. 52. Minnesota Statutes 2002, section 103B.331, 34.31 subdivision 2, is amended to read: 34.32 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The 34.33 county may regulate the use and development of water and related 34.34 land resources within incorporated areas when one or more of the 34.35 following conditions exists: 34.36 (1) the municipality does not have a local water and 35.1 related land resources plan or official controls consistent with 35.2 thecomprehensivelocal water management plan; 35.3 (2) a municipal action granting a variance or conditional 35.4 use would result in an action inconsistent with the 35.5comprehensivelocal water management plan; 35.6 (3) the municipality has authorized the county to require 35.7 permits for the use and development of water and related land 35.8 resources; or 35.9 (4) a state agency has delegated the administration of a 35.10 state permit program to the county. 35.11 Sec. 53. Minnesota Statutes 2002, section 103B.331, 35.12 subdivision 3, is amended to read: 35.13 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 35.14 county may: 35.15 (1) acquire in the name of the county, by condemnation 35.16 under chapter 117, real and personal property found by the 35.17 county board to be necessary for the implementation of an 35.18 approvedcomprehensivelocal water management plan; 35.19 (2) assess the costs of projects necessary to implement the 35.20comprehensivelocal water management plan undertaken under 35.21 sections 103B.301 to 103B.355 upon the property benefited within 35.22 the county in the manner provided for municipalities by chapter 35.23 429; 35.24 (3) charge users for services provided by the county 35.25 necessary to implement thecomprehensivelocal water management 35.26 plan; and 35.27 (4) establish one or more special taxing districts within 35.28 the county and issue bonds for the purpose of financing capital 35.29 improvements under sections 103B.301 to 103B.355. 35.30 Sec. 54. Minnesota Statutes 2002, section 103B.3363, 35.31 subdivision 3, is amended to read: 35.32 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 35.33 "Comprehensive local water management plan,"means35.34 "comprehensive water plan," "local water plan," and "local water 35.35 management plan" mean a county water plan authorized under 35.36 section 103B.311, a watershed management plan required under 36.1 section 103B.231, a watershed management plan required under 36.2 section 103D.401 or 103D.405, or a county groundwater plan 36.3 authorized under section 103B.255. 36.4 Sec. 55. Minnesota Statutes 2002, section 103B.3369, 36.5 subdivision 2, is amended to read: 36.6 Subd. 2. [ESTABLISHMENT.] A Local Water Resources 36.7 Protection and Management Program is established. The board 36.8shallmay provide financial assistance tocounties forlocal 36.9 units of government for activities that protect or manage water 36.10 and related land quality. The activities include planning, 36.11 zoning, official controls, and other activities to 36.12 implementcomprehensivelocal water management plans. 36.13 Sec. 56. Minnesota Statutes 2002, section 103B.3369, 36.14 subdivision 4, is amended to read: 36.15 Subd. 4. [CONTRACTSWITH LOCAL GOVERNMENTS.] Acounty36.16 local unit of government may contractwith other appropriate36.17local units of governmentto implement programs. An explanation 36.18 of the program responsibilities proposed to be contractedwith36.19other local units of governmentmust accompany grant requests. 36.20 Acountylocal unit of government that contractswith other36.21local units of governmentis responsible for ensuring that state 36.22 funds are properly expended and for providing an annual report 36.23 to the board describing expenditures of funds and program 36.24 accomplishments. 36.25 Sec. 57. Minnesota Statutes 2002, section 103B.3369, 36.26 subdivision 5, is amended to read: 36.27 Subd. 5. [FINANCIAL ASSISTANCE.] The board may award 36.28 grants towatershed management organizations in the seven-county36.29metropolitan area or counties to carry out water resource36.30protection and management programs identified as priorities in36.31comprehensive local water plans. Grants may be used to employ36.32persons and to obtain and use information necessarylocal units 36.33 of government to: 36.34 (1) developcomprehensiveor revise local water management 36.35 plans under sections 103B.201, 103B.255and, 103B.311, 103D.401, 36.36 and 103D.405 that have not received state funding for water 37.1 resources planning as provided for in Laws 1987, chapter 404, 37.2 section 30, subdivision 5, clause (a); and 37.3 (2)revise comprehensive local water plans under section37.4103B.201; and37.5(3)implementcomprehensivelocal water management plans, 37.6 including, but not limited to, the grants described in items (i) 37.7 and (ii). 37.8 (i) A base grantshallmay be awarded to a county that 37.9 levies a water implementation tax at a rate, which shall be 37.10 determined by the board. The minimum amount of the water 37.11 implementation tax shall be a tax rate times the adjusted net 37.12 tax capacity of the county for the preceding year. The rate 37.13 shall be the rate, rounded to the nearest .001 of a percent, 37.14 that, when applied to the adjusted net tax capacity for all 37.15 counties, raises the amount of $1,500,000. The base grant will 37.16 be in an amount equal to $37,500 less the amount raised by that 37.17 levy. If the amount necessary to implement the local water plan 37.18 for the county is less than $37,500, the amount of the base 37.19 grant shall be the amount that, when added to the levy amount, 37.20 equals the amount required to implement the plan. For counties 37.21 where the tax rate generates an amount equal to or greater than 37.22 $18,750, the base grant shall be in an amount equal to $18,750. 37.23 (ii) Competitive grants may be awarded based on available 37.24 funds. 37.25 Sec. 58. Minnesota Statutes 2002, section 103B.3369, 37.26 subdivision 6, is amended to read: 37.27 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 37.28 programs under this section must be reviewed by the state agency 37.29 having statutory program authority to assure compliance with 37.30 minimum state standards. At the request of the state agency 37.31 commissioner, the board shall revoke the portion of a grant used 37.32 to support a program not in compliance. 37.33 (b) Grants provided to develop or revisecomprehensive37.34 local water management plans may not be awarded for a time 37.35 longer than two years. 37.36 (c) Acountylocal unit of government may not request or be 38.1 awarded grants for project implementation unless acomprehensive38.2 local management water plan has been adopted. 38.3 Sec. 59. Minnesota Statutes 2002, section 103B.355, is 38.4 amended to read: 38.5 103B.355 [APPLICATION.] 38.6 Sections 103B.301 to 103B.355 do not apply in areas subject 38.7 to the requirements of sections 103B.201 to 103B.255 under 38.8 section 103B.231, subdivision 1, and in areas covered by an 38.9 agreement under section 103B.231, subdivision 2, except as 38.10 otherwise provided insectionssection 103B.311, subdivision 4, 38.11 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),38.12and 2, clause (b). 38.13 Sec. 60. Minnesota Statutes 2002, section 103D.405, 38.14 subdivision 2, is amended to read: 38.15 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years 38.16 and six months from the date that the board approved a watershed 38.17 management plan or the last revised watershed management plan, 38.18 the managers must consider the requirements under subdivision 1 38.19 and adopt a revised watershed management plan outline and send a 38.20 copy of the outline to the board. 38.21 (b) By 60 days after receiving a revised watershed 38.22 management plan outline, the board must review it, adopt 38.23 recommendations regarding the revised watershed management plan 38.24 outline, and send the recommendations to the managers. 38.25 (c)By 120 daysAfter receiving the board's recommendations 38.26 regarding the revised watershed management plan outline, the 38.27 managers must complete the revised watershed management plan. 38.28 Sec. 61. Minnesota Statutes 2002, section 103G.005, 38.29 subdivision 10e, is amended to read: 38.30 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government 38.31 unit" means: 38.32 (1) outside of the seven-county metropolitan area, a city 38.33 councilor, county board of commissioners, or a soil and water 38.34 conservation district or their delegate; 38.35 (2) in the seven-county metropolitan area, a city council, 38.36 a town board under section 368.01,ora watershed management 39.1 organization under section 103B.211, or a soil and water 39.2 conservation district or their delegate; and 39.3 (3) on state land, the agency with administrative 39.4 responsibility for the land. 39.5 Sec. 62. Minnesota Statutes 2002, section 103G.222, 39.6 subdivision 1, is amended to read: 39.7 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be 39.8 drained or filled, wholly or partially, unless replaced by 39.9 restoring or creating wetland areas of at least equal public 39.10 value under a replacement plan approved as provided in section 39.11 103G.2242, a replacement plan under a local governmental unit's 39.12 comprehensive wetland protection and management plan approved by 39.13 the board under section 103G.2243, or, if a permit to mine is 39.14 required under section 93.481, under a mining reclamation plan 39.15 approved by the commissioner under the permit to mine. Mining 39.16 reclamation plans shall apply the same principles and standards 39.17 for replacing wetlands by restoration or creation of wetland 39.18 areas that are applicable to mitigation plans approved as 39.19 provided in section 103G.2242. Public value must be determined 39.20 in accordance with section 103B.3355 or a comprehensive wetland 39.21 protection and management plan established under section 39.22 103G.2243. Sections 103G.221 to 103G.2372 also apply to 39.23 excavation in permanently and semipermanently flooded areas of 39.24 types 3, 4, and 5 wetlands. 39.25 (b) Replacement must be guided by the following principles 39.26 in descending order of priority: 39.27 (1) avoiding the direct or indirect impact of the activity 39.28 that may destroy or diminish the wetland; 39.29 (2) minimizing the impact by limiting the degree or 39.30 magnitude of the wetland activity and its implementation; 39.31 (3) rectifying the impact by repairing, rehabilitating, or 39.32 restoring the affected wetland environment; 39.33 (4) reducing or eliminating the impact over time by 39.34 preservation and maintenance operations during the life of the 39.35 activity; 39.36 (5) compensating for the impact by restoring a wetland; and 40.1 (6) compensating for the impact by replacing or providing 40.2 substitute wetland resources or environments. 40.3 For a project involving the draining or filling of wetlands 40.4 in an amount not exceeding 10,000 square feet more than the 40.5 applicable amount in section 103G.2241, subdivision 9, paragraph 40.6 (a), the local government unit may make an on-site sequencing 40.7 determination without a written alternatives analysis from the 40.8 applicant. 40.9 (c) If a wetland is located in a cultivated field, then 40.10 replacement must be accomplished through restoration only 40.11 without regard to the priority order in paragraph (b), provided 40.12 that a deed restriction is placed on the altered wetland 40.13 prohibiting nonagricultural use for at least ten years. 40.14 (d) Restoration and replacement of wetlands must be 40.15 accomplished in accordance with the ecology of the landscape 40.16 area affected. 40.17 (e) Except as provided in paragraph (f), for a wetland or 40.18 public waters wetland located on nonagricultural land, 40.19 replacement must be in the ratio of two acres of replaced 40.20 wetland for each acre of drained or filled wetland. 40.21 (f) For a wetland or public waters wetland located on 40.22 agricultural land or in a greater than 80 percent area, 40.23 replacement must be in the ratio of one acre of replaced wetland 40.24 for each acre of drained or filled wetland. 40.25 (g) Wetlands that are restored or created as a result of an 40.26 approved replacement plan are subject to the provisions of this 40.27 section for any subsequent drainage or filling. 40.28 (h) Except in a greater than 80 percent area, only wetlands 40.29 that have been restored from previously drained or filled 40.30 wetlands, wetlands created by excavation in nonwetlands, 40.31 wetlands created by dikes or dams along public or private 40.32 drainage ditches, or wetlands created by dikes or dams 40.33 associated with the restoration of previously drained or filled 40.34 wetlands may be used in a statewide banking program established 40.35 in rules adopted under section 103G.2242, subdivision 1. 40.36 Modification or conversion of nondegraded naturally occurring 41.1 wetlands from one type to another are not eligible for 41.2 enrollment in a statewide wetlands bank. 41.3 (i) The technical evaluation panel established under 41.4 section 103G.2242, subdivision 2, shall ensure that sufficient 41.5 time has occurred for the wetland to develop wetland 41.6 characteristics of soils, vegetation, and hydrology before 41.7 recommending that the wetland be deposited in the statewide 41.8 wetland bank. If the technical evaluation panel has reason to 41.9 believe that the wetland characteristics may change 41.10 substantially, the panel shall postpone its recommendation until 41.11 the wetland has stabilized. 41.12 (j) This section and sections 103G.223 to 103G.2242, 41.13 103G.2364, and 103G.2365 apply to the state and its departments 41.14 and agencies. 41.15 (k) For projects involving draining or filling of wetlands 41.16 associated with a new public transportation project in a greater 41.17 than 80 percent area, public transportation authorities, other 41.18 than the state department of transportation, may purchase 41.19 credits from the state wetland bank established with proceeds 41.20 from Laws 1994, chapter 643, section 26, subdivision 3, 41.21 paragraph (c). Wetland banking credits may be purchased at the 41.22 least of the following, but in no case shall the purchase price 41.23 be less than $400 per acre: (1) the cost to the state to 41.24 establish the credits; (2) the average estimated market value of 41.25 agricultural land in the township where the road project is 41.26 located, as determined by the commissioner of revenue; or (3) 41.27 the average value of the land in the immediate vicinity of the 41.28 road project as determined by the county assessor. Public 41.29 transportation authorities in a less than 80 percent area may 41.30 purchase credits from the state at the cost to the state to 41.31 establish credits. 41.32 (l) A replacement plan for wetlands is not required for 41.33 individual projects that result in the filling or draining of 41.34 wetlands for the repair, rehabilitation, reconstruction, or 41.35 replacement of a currently serviceable existing state, city, 41.36 county, or town public road necessary, as determined by the 42.1 public transportation authority, to meet state or federal design 42.2 or safety standards or requirements, excluding new roads or 42.3 roads expanded solely for additional traffic capacity lanes. 42.4 This paragraph only applies to authorities for public 42.5 transportation projects that: 42.6 (1) minimize the amount of wetland filling or draining 42.7 associated with the project and consider mitigating important 42.8 site-specific wetland functions on-site; 42.9 (2) except as provided in clause (3), submit 42.10 project-specific reports to the board, the technical evaluation 42.11 panel, the commissioner of natural resources, and members of the 42.12 public requesting a copy at least 30 days prior to construction 42.13 that indicate the location, amount, and type of wetlands to be 42.14 filled or drained by the project or, alternatively, convene an 42.15 annual meeting of the parties required to receive notice to 42.16 review projects to be commenced during the upcoming year; and 42.17 (3) for minor and emergency maintenance work impacting less 42.18 than 10,000 square feet, submit project-specific reports, within 42.19 30 days of commencing the activity, to the board that indicate 42.20 the location, amount, and type of wetlands that have been filled 42.21 or drained. 42.22 Those required to receive notice of public transportation 42.23 projects may appeal minimization, delineation, and on-site 42.24 mitigation decisions made by the public transportation authority 42.25 to the board according to the provisions of section 103G.2242, 42.26 subdivision 9. The technical evaluation panel shall review 42.27 minimization and delineation decisions made by the public 42.28 transportation authority and provide recommendations regarding 42.29 on-site mitigation if requested to do so by the local government 42.30 unit, a contiguous landowner, or a member of the technical 42.31 evaluation panel. 42.32Except for state public transportation projects, for which42.33the state department of transportation is responsible, the board42.34must replace the wetlands, and wetland areas of public waters if42.35authorized by the commissioner or a delegated authority, drained42.36or filled by public transportation projects on existing roads.43.1 Public transportation authorities at their discretion may 43.2 deviate from federal and state design standards on existing road 43.3 projects when practical and reasonable to avoid wetland filling 43.4 or draining, provided that public safety is not unreasonably 43.5 compromised. The local road authority and its officers and 43.6 employees are exempt from liability for any tort claim for 43.7 injury to persons or property arising from travel on the highway 43.8 and related to the deviation from the design standards for 43.9 construction or reconstruction under this paragraph. This 43.10 paragraph does not preclude an action for damages arising from 43.11 negligence in construction or maintenance on a highway. 43.12 (m) If a landowner seeks approval of a replacement plan 43.13 after the proposed project has already affected the wetland, the 43.14 local government unit may require the landowner to replace the 43.15 affected wetland at a ratio not to exceed twice the replacement 43.16 ratio otherwise required. 43.17 (n) A local government unit may request the board to 43.18 reclassify a county or watershed on the basis of its percentage 43.19 of presettlement wetlands remaining. After receipt of 43.20 satisfactory documentation from the local government, the board 43.21 shall change the classification of a county or watershed. If 43.22 requested by the local government unit, the board must assist in 43.23 developing the documentation. Within 30 days of its action to 43.24 approve a change of wetland classifications, the board shall 43.25 publish a notice of the change in the Environmental Quality 43.26 Board Monitor. 43.27 (o) One hundred citizens who reside within the jurisdiction 43.28 of the local government unit may request the local government 43.29 unit to reclassify a county or watershed on the basis of its 43.30 percentage of presettlement wetlands remaining. In support of 43.31 their petition, the citizens shall provide satisfactory 43.32 documentation to the local government unit. The local 43.33 government unit shall consider the petition and forward the 43.34 request to the board under paragraph (n) or provide a reason why 43.35 the petition is denied. 43.36 Sec. 63. Minnesota Statutes 2002, section 103G.2242, is 44.1 amended by adding a subdivision to read: 44.2 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for 44.3 managing wetland bank accounts and transactions as follows: 44.4 (1) account maintenance annual fee: one percent of the 44.5 value of credits not to exceed $500; 44.6 (2) account establishment, deposit, or transfer: 6.5 44.7 percent of the value of credits not to exceed $1,000 per 44.8 establishment, deposit, or transfer; and 44.9 (3) withdrawal fee: 6.5 percent of the value of credits 44.10 withdrawn. 44.11 Sec. 64. Minnesota Statutes 2002, section 103G.2242, is 44.12 amended by adding a subdivision to read: 44.13 Subd. 15. [FEES PAID TO BOARD.] All fees established in 44.14 subdivision 14 must be paid to the board of water and soil 44.15 resources and credited to the general fund to be used for the 44.16 purpose of administration of the wetland bank. 44.17 Sec. 65. Minnesota Statutes 2002, section 103G.271, 44.18 subdivision 6, is amended to read: 44.19 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 44.20 described in paragraphs (b) to (f), a water use permit 44.21 processing fee must be prescribed by the commissioner in 44.22 accordance with thefollowingschedule of fees in this 44.23 subdivision for each water use permit in force at any time 44.24 during the year. The schedule is as follows, with the stated 44.25 fee in each clause applied to the total amount appropriated: 44.26 (1)0.05 cents per 1,000 gallons$100 forthe firstamounts 44.27 not exceeding 50,000,000 gallons per year; 44.28 (2)0.10 cents$2 per1,0001,000,000 gallons for amounts 44.29 greater than 50,000,000 gallons but less than 100,000,000 44.30 gallons per year; 44.31 (3)0.15 cents$2.50 per1,0001,000,000 gallons for 44.32 amounts greater than 100,000,000 gallons but less than 44.33 150,000,000 gallons per year; 44.34 (4)0.20 cents$3 per1,0001,000,000 gallons for amounts 44.35 greater than 150,000,000 gallons but less than 200,000,000 44.36 gallons per year; 45.1 (5)0.25 cents$3.50 per1,0001,000,000 gallons for 45.2 amounts greater than 200,000,000 gallons but less than 45.3 250,000,000 gallons per year; 45.4 (6)0.30 cents$4 per1,0001,000,000 gallons for amounts 45.5 greater than 250,000,000 gallons but less than 300,000,000 45.6 gallons per year; 45.7 (7)0.35 cents$4.50 per1,0001,000,000 gallons for 45.8 amounts greater than 300,000,000 gallons but less than 45.9 350,000,000 gallons per year; 45.10 (8)0.40 cents$5 per1,0001,000,000 gallons for amounts 45.11 greater than 350,000,000 gallons but less than 400,000,000 45.12 gallons per year;and45.13 (9)0.45 cents$5.50 per1,0001,000,000 gallons for 45.14 amounts greater than 400,000,000 gallons but less than 45.15 450,000,000 gallons per year.; 45.16 (10) $6 per 1,000,000 gallons for amounts greater than 45.17 450,000,000 gallons but less than 500,000,000 gallons per year; 45.18 and 45.19 (11) $6.50 per 1,000,000 gallons for amounts greater than 45.20 500,000,000 gallons per year. 45.21 (b) For once-through cooling systems, a water use 45.22 processing fee must be prescribed by the commissioner in 45.23 accordance with the following schedule of fees for each water 45.24 use permit in force at any time during the year: 45.25 (1) for nonprofit corporations and school districts,15.045.26cents$150 per1,0001,000,000 gallons; and 45.27 (2) for all other users,20 cents$200 per1,0001,000,000 45.28 gallons. 45.29 (c) The fee is payable based on the amount of water 45.30 appropriated during the year and, except as provided in 45.31 paragraph (f), the minimum fee is$50$100. 45.32 (d) For water use processing fees other than once-through 45.33 cooling systems: 45.34 (1) the fee for a city of the first class may not exceed 45.35$175,000$250,000 per year; 45.36 (2) the fee for other entities for any permitted use may 46.1 not exceed: 46.2 (i)$35,000$50,000 per year for an entity holding three or 46.3 fewer permits; 46.4 (ii)$50,000$75,000 per year for an entity holding four or 46.5 five permits; 46.6 (iii)$175,000$250,000 per year for an entity holding more 46.7 than five permits; 46.8 (3) the fee for agricultural irrigation may not exceed $750 46.9 per year; 46.10 (4) the fee for a municipality that furnishes electric 46.11 service and cogenerates steam for home heating may not exceed 46.12 $10,000 for its permit for water use related to the cogeneration 46.13 of electricity and steam; and 46.14 (5) no fee is required for a project involving the 46.15 appropriation of surface water to prevent flood damage or to 46.16 remove flood waters during a period of flooding, as determined 46.17 by the commissioner. 46.18 (e) Failure to pay the fee is sufficient cause for revoking 46.19 a permit. A penalty of two percent per month calculated from 46.20 the original due date must be imposed on the unpaid balance of 46.21 fees remaining 30 days after the sending of a second notice of 46.22 fees due. A fee may not be imposed on an agency, as defined in 46.23 section 16B.01, subdivision 2, or federal governmental agency 46.24 holding a water appropriation permit. 46.25 (f) The minimum water use processing fee for a permit 46.26 issued for irrigation of agricultural land is$10$20 for years 46.27 in which: 46.28 (1) there is no appropriation of water under the permit; or 46.29 (2) the permit is suspended for more than seven consecutive 46.30 days between May 1 and October 1. 46.31 Sec. 66. Minnesota Statutes 2002, section 103G.271, 46.32 subdivision 6a, is amended to read: 46.33 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED 46.34 APPROPRIATIONS.] An entity that appropriates water without a 46.35 required permit under subdivision 1 must pay the applicable 46.36 water use permit processing fee specified in subdivision 6 for 47.1 the period during which the unpermitted appropriation occurred. 47.2 The fees for unpermitted appropriations are required for the 47.3 previous seven calendar years after being notified of the need 47.4 for a permit. This fee is in addition to any other fee or 47.5 penalty assessed. 47.6 Sec. 67. Minnesota Statutes 2002, section 103G.611, 47.7 subdivision 1, is amended to read: 47.8 Subdivision 1. [REQUIREMENTREQUIREMENTS.] (a) The fee for 47.9 a permit to operate an aeration system on public waters during 47.10 periods of ice cover is $250. The fee may not be charged to the 47.11 state or a federal governmental agency applying for a permit. 47.12 The money received for permits under this subdivision must be 47.13 deposited in the treasury and credited to the game and fish fund. 47.14 (b) A person operating an aeration system on public waters 47.15 under a water aeration permit must comply with the sign posting 47.16 requirements of this section and applicable rules of the 47.17 commissioner. 47.18 Sec. 68. Minnesota Statutes 2002, section 103G.615, 47.19 subdivision 2, is amended to read: 47.20 Subd. 2. [FEES.] (a) The commissioner shall establish a 47.21 fee schedule for permits to harvest aquatic plants other than 47.22 wild rice, by order, after holding a public hearing. The fees 47.23 may not exceed$200 per permit based uponthe cost of receiving, 47.24 processing, analyzing, and issuing the permit, and additional 47.25 costs incurred after the application to inspect and monitor the 47.26 activities authorized by the permit, and enforce aquatic plant 47.27 management rules and permit requirements. 47.28 (b) The fee for a permit forchemical treatmentthe 47.29 destruction of rooted aquatic vegetationmay not exceed $2047.30 shall be $50 for each contiguous parcel of shoreline owned by an 47.31 owner. This fee may not be charged for permits issued in 47.32 connection with lakewide Eurasian water milfoil control programs. 47.33 (c) A fee may not be charged to the state or a federal 47.34 governmental agency applying for a permit. 47.35 (d) The money received for the permits under this 47.36 subdivision shall be deposited in the treasury and credited to 48.1 the game and fish fund. 48.2 Sec. 69. Minnesota Statutes 2002, section 115.03, is 48.3 amended by adding a subdivision to read: 48.4 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH 48.5 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 48.6 period in which this subdivision is in effect, all point source 48.7 storm water discharges that are subject to and in compliance 48.8 with an individual or general storm water permit issued by the 48.9 pollution control agency under the National Pollution Discharge 48.10 Elimination System are considered to be in compliance with the 48.11 nondegradation and mitigation requirements of Minnesota Rules, 48.12 parts 7050.0180, 7050.0185, and 7050.0186. 48.13 (b) This subdivision is repealed on the earlier of July 1, 48.14 2007, or the effective date of rules adopted by the pollution 48.15 control agency that provide specific mechanisms or criteria to 48.16 determine whether point source storm water discharges comply 48.17 with the nondegradation and mitigation requirements of Minnesota 48.18 Rules, parts 7050.0180, 7050.0185, and 7050.0186. 48.19 [EFFECTIVE DATE.] This section is effective the day 48.20 following final enactment. 48.21 Sec. 70. Minnesota Statutes 2002, section 115.03, is 48.22 amended by adding a subdivision to read: 48.23 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The 48.24 agency may issue a general permit to any category or subcategory 48.25 of point source storm water discharges that it deems 48.26 administratively reasonable and efficient without making any 48.27 findings under Minnesota Rules, part 7001.0210. Nothing in this 48.28 subdivision precludes the agency from requiring an individual 48.29 permit for a point source storm water discharge if the agency 48.30 finds that it is appropriate under applicable legal or 48.31 regulatory standards. 48.32 (b) Pursuant to this paragraph, the legislature authorizes 48.33 the agency to adopt and enforce rules regulating point source 48.34 storm water discharges. No further legislative approval is 48.35 required under any other legal or statutory provision whether 48.36 enacted before or after the enactment of this section. 49.1 [EFFECTIVE DATE.] This section is effective the day 49.2 following final enactment. 49.3 Sec. 71. Minnesota Statutes 2002, section 115A.545, 49.4 subdivision 2, is amended to read: 49.5 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 49.6 counties a processing payment for each ton of mixed municipal 49.7 solid waste that is generated in the county and processed at a 49.8 resource recovery facility. The processing payment shall be $5 49.9 for each ton of mixed municipal solid waste processed. 49.10 (b) The director shall also pay a processing payment to a 49.11 county that does not qualify under paragraph (a) that 49.12 constructed a processing facility and that either: 49.13 (1) contracts for waste generated in the county to be 49.14 received at a facility in that county; or 49.15 (2) has a comprehensive solid waste management plan 49.16 approved by the director under section 115A.46 that demonstrates 49.17 the intention of the county to make the processing facility 49.18 operational. 49.19 The processing payment shall be $5 for each ton of mixed 49.20 municipal waste generated in the county and delivered under 49.21 contract with the county. 49.22 (c) By the last day of October, January, April, and July, 49.23 each county claiming the processing payment shall file a claim 49.24 for payment with the director for the three previous months 49.25 certifying the number of tons of mixed municipal solid waste 49.26 that were generated in the county and processed at a resource 49.27 recovery facility. The director shall pay the processing 49.28 payments by November 15, February 15, May 15, and August 15 each 49.29 year. 49.30 (d) If the total amount for which all counties are eligible 49.31 in a quarter exceeds the amount available for payment, the 49.32 director shall make the payments on a pro rata basis. 49.33 (e)All of theMoney received by a county under paragraph 49.34 (a)mustmay be usedto lower the tipping fee for waste to be49.35processed at a resource recovery facility.for the following 49.36 purposes: 50.1 (1) to reduce the amount of solid waste generated; 50.2 (2) to recycle the maximum amount of solid waste 50.3 technically feasible; 50.4 (3) to create and support markets for recycled products; 50.5 (4) to remove problem materials from the solid waste stream 50.6 and develop proper disposal options for them; 50.7 (5) to inform and educate all sectors of the public about 50.8 proper solid waste management procedures; 50.9 (6) to provide technical assistance to public and private 50.10 entities to ensure proper solid waste management; 50.11 (7) to provide educational, technical, and financial 50.12 assistance for litter prevention; and 50.13 (8) to process mixed municipal solid waste generated in the 50.14 county at a resource recovery facility. 50.15 (f) Amounts received by a county under: 50.16 (1) paragraph (b), clause (1), must be used to lower the 50.17 tipping fee for waste received at a waste management facility 50.18 within the county for waste received under contract with the 50.19 county at a facility in the county; or 50.20 (2) paragraph (b), clause (2), must be used to assist in 50.21 making the county's processing facility operational. 50.22 Sec. 72. Minnesota Statutes 2002, section 116P.02, 50.23 subdivision 1, is amended to read: 50.24 Subdivision 1. [APPLICABILITY.] The definitions in this 50.25 section apply tosections 116P.01 to 116P.13this chapter. 50.26 Sec. 73. Minnesota Statutes 2002, section 116P.05, 50.27 subdivision 2, is amended to read: 50.28 Subd. 2. [DUTIES.] (a) The commission shall recommend a 50.29 budget plan for expenditures from the environment and natural 50.30 resources trust fund and shall adopt a strategic plan as 50.31 provided in section 116P.08. 50.32 (b)The commission shall recommend expenditures to the50.33legislature from the Minnesota future resources fund under50.34section 116P.13.50.35(c)It is a condition of acceptance of the appropriations 50.36 made from theMinnesota future resources fund,Minnesota 51.1 environment and natural resources trust fund, and oil overcharge 51.2 money under section 4.071, subdivision 2, that the agency or 51.3 entity receiving the appropriation must submit a work program 51.4 and semiannual progress reports in the form determined by the 51.5 legislative commission on Minnesota resources. None of the 51.6 money provided may be spent unless the commission has approved 51.7 the pertinent work program. 51.8(d)(c) The peer review panel created under section 116P.08 51.9 must also review, comment, and report to the commission on 51.10 research proposals applying for an appropriation from the 51.11 Minnesota resources fund and from oil overcharge money under 51.12 section 4.071, subdivision 2. 51.13(e)(d) The commission may adopt operating procedures to 51.14 fulfill its duties undersectionssection 116P.01to 116P.13. 51.15 Sec. 74. Minnesota Statutes 2002, section 116P.09, 51.16 subdivision 4, is amended to read: 51.17 Subd. 4. [PERSONNEL.] Persons who are employed by a state 51.18 agency to work on a project and are paid by an appropriation 51.19 from the trust fundor Minnesota future resources fundare in 51.20 the unclassified civil service, and their continued employment 51.21 is contingent upon the availability of money from the 51.22 appropriation. When the appropriation has been spent, their 51.23 positions must be canceled and the approved complement of the 51.24 agency reduced accordingly. Part-time employment of persons for 51.25 a project is authorized. The use of classified employees is 51.26 authorized when approved as part of the work program required by 51.27 section 116P.05, subdivision 2, paragraph(c)(b). 51.28 Sec. 75. Minnesota Statutes 2002, section 116P.09, 51.29 subdivision 5, is amended to read: 51.30 Subd. 5. [ADMINISTRATIVE EXPENSE.] Theadministrative51.31expenses of the commission shall be paid from the various funds51.32administered by the commission as follows:51.33(1) Through June 30, 1993, theadministrative expenses of 51.34 the commission and the advisory committee shall be paid from the 51.35Minnesota future resources fund. After that time, the prorated51.36expenses related to administration of the trust fund shall be52.1paid from theearnings of the trust fund. 52.2(2) After June 30, 1993, the prorated expenses related to52.3administration of the trust fund may not exceed an amount equal52.4to four percent of the projected earnings of the trust fund for52.5the biennium.52.6 Sec. 76. Minnesota Statutes 2002, section 116P.09, 52.7 subdivision 7, is amended to read: 52.8 Subd. 7. [REPORT REQUIRED.] The commission shall, by 52.9 January 15 of each odd-numbered year, submit a report to the 52.10 governor, the chairs of the house appropriations and senate 52.11 finance committees, and the chairs of the house and senate 52.12 committees on environment and natural resources. Copies of the 52.13 report must be available to the public. The report must include: 52.14 (1) a copy of the current strategic plan; 52.15 (2) a description of each project receiving money from the 52.16 trust fundand Minnesota future resources fundduring the 52.17 preceding biennium; 52.18 (3) a summary of any research project completed in the 52.19 preceding biennium; 52.20 (4) recommendations to implement successful projects and 52.21 programs into a state agency's standard operations; 52.22 (5) to the extent known by the commission, descriptions of 52.23 the projects anticipated to be supported by the trust fundand52.24Minnesota future resources accountduring the next biennium; 52.25 (6) the source and amount of all revenues collected and 52.26 distributed by the commission, including all administrative and 52.27 other expenses; 52.28 (7) a description of the assets and liabilities of the 52.29 trust fundand the Minnesota future resources fund; 52.30 (8) any findings or recommendations that are deemed proper 52.31 to assist the legislature in formulating legislation; 52.32 (9) a list of all gifts and donations with a value over 52.33 $1,000; 52.34 (10) a comparison of the amounts spent by the state for 52.35 environment and natural resources activities through the most 52.36 recent fiscal year; and 53.1 (11) a copy of the most recent compliance audit. 53.2 Sec. 77. Minnesota Statutes 2002, section 116P.10, is 53.3 amended to read: 53.4 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 53.5 This section applies to projects supported by the trust 53.6 fund, the Minnesota future resources fund,and the oil 53.7 overcharge money referred to in section 4.071, subdivision 2, 53.8 each of which is referred to in this section as a "fund." The 53.9 fund owns and shall take title to the percentage of a royalty, 53.10 copyright, or patent resulting from a project supported by the 53.11 fund equal to the percentage of the project's total funding 53.12 provided by the fund. Cash receipts resulting from a royalty, 53.13 copyright, or patent, or the sale of the fund's rights to a 53.14 royalty, copyright, or patent, must be credited immediately to 53.15 the principal of the fund. Before a project is included in the 53.16 budget plan, the commission may vote to relinquish the ownership 53.17 or rights to a royalty, copyright, or patent resulting from a 53.18 project supported by the fund to the project's proposer when the 53.19 amount of the original grant or loan, plus interest, has been 53.20 repaid to the fund. 53.21 Sec. 78. Minnesota Statutes 2002, section 116P.14, 53.22 subdivision 2, is amended to read: 53.23 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 53.24 CREATION.] A state land and water conservation account is 53.25 created in theMinnesota futurenatural resources fund. All of 53.26 the money made available to the state from funds granted under 53.27 subdivision 1 shall be deposited in the state land and water 53.28 conservation account. 53.29 Sec. 79. Minnesota Statutes 2002, section 273.13, 53.30 subdivision 23, is amended to read: 53.31 Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural 53.32 land including any improvements that is homesteaded. The market 53.33 value of the house and garage and immediately surrounding one 53.34 acre of land has the same class rates as class 1a property under 53.35 subdivision 22. The value of the remaining land including 53.36 improvements up to and including $600,000 market value has a net 54.1 class rate of 0.55 percent of market value. The remaining 54.2 property over $600,000 market value has a class rate of one 54.3 percent of market value. 54.4 (b) Class 2b property is (1) real estate, rural in 54.5 character and used exclusively for growing trees for timber, 54.6 lumber, and wood and wood products; (2) real estate that is not 54.7 improved with a structure and is used exclusively for growing 54.8 trees for timber, lumber, and wood and wood products, if the 54.9 owner has participated or is participating in a cost-sharing 54.10 program for afforestation, reforestation, or timber stand 54.11 improvement on that particular property, administered or 54.12 coordinated by the commissioner of natural resources; (3) real 54.13 estate that is nonhomestead agricultural land; or (4) a landing 54.14 area or public access area of a privately owned public use 54.15 airport. Class 2b property has a net class rate of one percent 54.16 of market value. 54.17 (c) Agricultural land as used in this section means 54.18 contiguous acreage of ten acres or more, used during the 54.19 preceding year for agricultural purposes. "Agricultural 54.20 purposes" as used in this section means the raising or 54.21 cultivation of agricultural products or enrollment in the 54.22 Reinvest in Minnesota program under sections 103F.501 to 54.23 103F.535 or the federal Conservation Reserve Program as 54.24 contained in Public Law Number 99-198. Contiguous acreage on 54.25 the same parcel, or contiguous acreage on an immediately 54.26 adjacent parcel under the same ownership, may also qualify as 54.27 agricultural land, but only if it is pasture, timber, waste, 54.28 unusable wild land, or land included in state or federal farm 54.29 programs. Agricultural classification for property shall be 54.30 determined excluding the house, garage, and immediately 54.31 surrounding one acre of land, and shall not be based upon the 54.32 market value of any residential structures on the parcel or 54.33 contiguous parcels under the same ownership. 54.34 (d) Real estate, excluding the house, garage, and 54.35 immediately surrounding one acre of land, of less than ten acres 54.36 which is exclusively and intensively used for raising or 55.1 cultivating agricultural products, shall be considered as 55.2 agricultural land. 55.3 Land shall be classified as agricultural even if all or a 55.4 portion of the agricultural use of that property is the leasing 55.5 to, or use by another person for agricultural purposes. 55.6 Classification under this subdivision is not determinative 55.7 for qualifying under section 273.111. 55.8 The property classification under this section supersedes, 55.9 for property tax purposes only, any locally administered 55.10 agricultural policies or land use restrictions that define 55.11 minimum or maximum farm acreage. 55.12 (e) The term "agricultural products" as used in this 55.13 subdivision includes production for sale of: 55.14 (1) livestock, dairy animals, dairy products, poultry and 55.15 poultry products, fur-bearing animals, horticultural and nursery 55.16 stockdescribed in sections 18.44 to 18.61, fruit of all kinds, 55.17 vegetables, forage, grains, bees, and apiary products by the 55.18 owner; 55.19 (2) fish bred for sale and consumption if the fish breeding 55.20 occurs on land zoned for agricultural use; 55.21 (3) the commercial boarding of horses if the boarding is 55.22 done in conjunction with raising or cultivating agricultural 55.23 products as defined in clause (1); 55.24 (4) property which is owned and operated by nonprofit 55.25 organizations used for equestrian activities, excluding racing; 55.26 (5) game birds and waterfowl bred and raised for use on a 55.27 shooting preserve licensed under section 97A.115; 55.28 (6) insects primarily bred to be used as food for animals; 55.29 (7) trees, grown for sale as a crop, and not sold for 55.30 timber, lumber, wood, or wood products; and 55.31 (8) maple syrup taken from trees grown by a person licensed 55.32 by the Minnesota department of agriculture under chapter 28A as 55.33 a food processor. 55.34 (f) If a parcel used for agricultural purposes is also used 55.35 for commercial or industrial purposes, including but not limited 55.36 to: 56.1 (1) wholesale and retail sales; 56.2 (2) processing of raw agricultural products or other goods; 56.3 (3) warehousing or storage of processed goods; and 56.4 (4) office facilities for the support of the activities 56.5 enumerated in clauses (1), (2), and (3), 56.6 the assessor shall classify the part of the parcel used for 56.7 agricultural purposes as class 1b, 2a, or 2b, whichever is 56.8 appropriate, and the remainder in the class appropriate to its 56.9 use. The grading, sorting, and packaging of raw agricultural 56.10 products for first sale is considered an agricultural purpose. 56.11 A greenhouse or other building where horticultural or nursery 56.12 products are grown that is also used for the conduct of retail 56.13 sales must be classified as agricultural if it is primarily used 56.14 for the growing of horticultural or nursery products from seed, 56.15 cuttings, or roots and occasionally as a showroom for the retail 56.16 sale of those products. Use of a greenhouse or building only 56.17 for the display of already grown horticultural or nursery 56.18 products does not qualify as an agricultural purpose. 56.19 The assessor shall determine and list separately on the 56.20 records the market value of the homestead dwelling and the one 56.21 acre of land on which that dwelling is located. If any farm 56.22 buildings or structures are located on this homesteaded acre of 56.23 land, their market value shall not be included in this separate 56.24 determination. 56.25 (g) To qualify for classification under paragraph (b), 56.26 clause (4), a privately owned public use airport must be 56.27 licensed as a public airport under section 360.018. For 56.28 purposes of paragraph (b), clause (4), "landing area" means that 56.29 part of a privately owned public use airport properly cleared, 56.30 regularly maintained, and made available to the public for use 56.31 by aircraft and includes runways, taxiways, aprons, and sites 56.32 upon which are situated landing or navigational aids. A landing 56.33 area also includes land underlying both the primary surface and 56.34 the approach surfaces that comply with all of the following: 56.35 (i) the land is properly cleared and regularly maintained 56.36 for the primary purposes of the landing, taking off, and taxiing 57.1 of aircraft; but that portion of the land that contains 57.2 facilities for servicing, repair, or maintenance of aircraft is 57.3 not included as a landing area; 57.4 (ii) the land is part of the airport property; and 57.5 (iii) the land is not used for commercial or residential 57.6 purposes. 57.7 The land contained in a landing area under paragraph (b), clause 57.8 (4), must be described and certified by the commissioner of 57.9 transportation. The certification is effective until it is 57.10 modified, or until the airport or landing area no longer meets 57.11 the requirements of paragraph (b), clause (4). For purposes of 57.12 paragraph (b), clause (4), "public access area" means property 57.13 used as an aircraft parking ramp, apron, or storage hangar, or 57.14 an arrival and departure building in connection with the airport. 57.15 Sec. 80. Minnesota Statutes 2002, section 297A.94, is 57.16 amended to read: 57.17 297A.94 [DEPOSIT OF REVENUES.] 57.18 (a) Except as provided in this section, the commissioner 57.19 shall deposit the revenues, including interest and penalties, 57.20 derived from the taxes imposed by this chapter in the state 57.21 treasury and credit them to the general fund. 57.22 (b) The commissioner shall deposit taxes in the Minnesota 57.23 agricultural and economic account in the special revenue fund if: 57.24 (1) the taxes are derived from sales and use of property 57.25 and services purchased for the construction and operation of an 57.26 agricultural resource project; and 57.27 (2) the purchase was made on or after the date on which a 57.28 conditional commitment was made for a loan guaranty for the 57.29 project under section 41A.04, subdivision 3. 57.30 The commissioner of finance shall certify to the commissioner 57.31 the date on which the project received the conditional 57.32 commitment. The amount deposited in the loan guaranty account 57.33 must be reduced by any refunds and by the costs incurred by the 57.34 department of revenue to administer and enforce the assessment 57.35 and collection of the taxes. 57.36 (c) The commissioner shall deposit the revenues, including 58.1 interest and penalties, derived from the taxes imposed on sales 58.2 and purchases included in section 297A.61, subdivision 3, 58.3 paragraph (g), clauses (1) and (4), in the state treasury, and 58.4 credit them as follows: 58.5 (1) first to the general obligation special tax bond debt 58.6 service account in each fiscal year the amount required by 58.7 section 16A.661, subdivision 3, paragraph (b); and 58.8 (2) after the requirements of clause (1) have been met, the 58.9 balance to the general fund. 58.10 (d) The commissioner shall deposit the revenues, including 58.11 interest and penalties, collected under section 297A.64, 58.12 subdivision 5, in the state treasury and credit them to the 58.13 general fund. By July 15 of each year the commissioner shall 58.14 transfer to the highway user tax distribution fund an amount 58.15 equal to the excess fees collected under section 297A.64, 58.16 subdivision 5, for the previous calendar year. 58.17 (e) For fiscal year 2001, 97 percent; for fiscal years 2002 58.18 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 58.1987.174 percent of the revenues, including interest and 58.20 penalties, transmitted to the commissioner under section 58.21 297A.65, must be deposited by the commissioner in the state 58.22 treasury as follows: 58.23 (1) 50 percent of the receipts must be deposited in the 58.24 heritage enhancement account in the game and fish fund, and may 58.25 be spent only on activities that improve, enhance, or protect 58.26 fish and wildlife resources, including conservation, 58.27 restoration, and enhancement of land, water, and other natural 58.28 resources of the state; 58.29 (2) 22.5 percent of the receipts must be deposited in the 58.30 natural resources fund, and may be spent only for state parks 58.31 and trails; 58.32 (3) 22.5 percent of the receipts must be deposited in the 58.33 natural resources fund, and may be spent only on metropolitan 58.34 park and trail grants; 58.35 (4) three percent of the receipts must be deposited in the 58.36 natural resources fund, and may be spent only on local trail 59.1 grants; and 59.2 (5) two percent of the receipts must be deposited in the 59.3 natural resources fund, and may be spent only for the Minnesota 59.4 zoological garden, the Como park zoo and conservatory, and the 59.5 Duluth zoo. 59.6 (f) The revenue dedicated under paragraph (e) may not be 59.7 used as a substitute for traditional sources of funding for the 59.8 purposes specified, but the dedicated revenue shall supplement 59.9 traditional sources of funding for those purposes. Land 59.10 acquired with money deposited in the game and fish fund under 59.11 paragraph (e) must be open to public hunting and fishing during 59.12 the open season, except that in aquatic management areas or on 59.13 lands where angling easements have been acquired, fishing may be 59.14 prohibited during certain times of the year and hunting may be 59.15 prohibited. At least 87 percent of the money deposited in the 59.16 game and fish fund for improvement, enhancement, or protection 59.17 of fish and wildlife resources under paragraph (e) must be 59.18 allocated for field operations. 59.19 Sec. 81. Minnesota Statutes 2002, section 297F.10, 59.20 subdivision 1, is amended to read: 59.21 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue 59.22 received from cigarette taxes, as well as related penalties, 59.23 interest, license fees, and miscellaneous sources of revenue 59.24 shall be deposited by the commissioner in the state treasury and 59.25 credited as follows: 59.26 (a) first to the general obligation special tax bond debt 59.27 service account in each fiscal year the amount required to 59.28 increase the balance on hand in the account on each December 1 59.29 to an amount equal to the full amount of principal and interest 59.30 to come due on all outstanding bonds whose debt service is 59.31 payable primarily from the proceeds of the tax to and including 59.32 the second following July 1; and 59.33 (b) after the requirements of paragraph (a) have been met:59.34(1) the revenue produced by one mill of the tax on59.35cigarettes weighing not more than three pounds a thousand and59.36two mills of the tax on cigarettes weighing more than three60.1pounds a thousand must be credited to the Minnesota future60.2resources fund; and60.3(2)the balance of the revenues derived from taxes, 60.4 penalties, and interest (under this chapter) and from license 60.5 fees and miscellaneous sources of revenue shall be credited to 60.6 the general fund. 60.7 Sec. 82. [MODIFICATIONS TO STORM WATER PERMIT FEES.] 60.8 (a) The pollution control agency shall collect water 60.9 quality permit applications and annual fees as provided in the 60.10 rules of the agency and in Laws 2002, chapter 220, article 8, 60.11 section 15, with the following modifications: 60.12 (1) the application fee for general industrial storm water 60.13 permits is reduced to zero, and the annual fee is increased to 60.14 $400; 60.15 (2) the application fee for general construction storm 60.16 water permits is increased to $400; and 60.17 (3) application and annual fees for other general permits 60.18 do not apply to general municipal separate storm sewer system 60.19 permits. 60.20 (b) Nothing in this section limits the authority of a 60.21 county, city, town, watershed district, or other special purpose 60.22 district or political subdivision, to impose fees or to levy 60.23 taxes or assessments to pay the cost of regulating or 60.24 controlling storm water discharges to waters of the state. 60.25 (c) The permit fee modifications provided in this section 60.26 are effective July 1, 2003. The pollution control agency shall 60.27 adopt amended water quality permit fee rules under Minnesota 60.28 Statutes, section 14.389, that incorporate the fee modifications 60.29 provided in this section. The agency shall begin collecting 60.30 fees in accordance with the modifications in this section on 60.31 July 1, 2003, regardless of the status of those rules. 60.32 Notwithstanding Minnesota Statutes, section 14.18, subdivision 60.33 2, the permit fee modifications in this section and the rule 60.34 amendments incorporating them do not require further legislative 60.35 approval. 60.36 [EFFECTIVE DATE.] This section is effective the day 61.1 following final enactment. 61.2 Sec. 83. [UTILITY LICENSES.] 61.3 Notwithstanding the repealers in section 130, all licenses 61.4 issued under Minnesota Statutes, section 84.415, and Minnesota 61.5 Rules, chapter 6135, remain in effect for their existing terms, 61.6 unless modified pursuant to Minnesota Statutes, section 84.415, 61.7 subdivision 6. 61.8 Sec. 84. [REPEALER.] 61.9 Minnesota Statutes 2002, sections 1.31; 1.32; 84.415, 61.10 subdivisions 1 and 3; 89.391; 93.2235; 103B.311, subdivisions 5, 61.11 6, and 7; 103B.315, subdivisions 1, 2, 3, and 7; 103B.321, 61.12 subdivision 3; 103B.3369, subdivision 3; 103G.222, subdivision 61.13 2; 115A.908, subdivision 2; and 116P.13; Minnesota Rules, parts 61.14 6135.0100; 6135.0200; 6135.0300; 6135.0400; 6135.0510; 61.15 6135.0610; 6135.0710; 6135.0810; 6135.1000; 6135.1100; 61.16 6135.1200; 6135.1300; 6135.1400; 6135.1500; 6135.1600; 61.17 6135.1700; 6135.1800; 9300.0010; 9300.0020; 9300.0030; 61.18 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 61.19 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 61.20 9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 61.21 9300.0190; 9300.0200; and 9300.0210, are repealed. 61.22 Sec. 85. [EFFECTIVE DATE.] 61.23 Except as otherwise provided, this article is effective 61.24 July 1, 2003. 61.25 ARTICLE 2 61.26 ENVIRONMENTAL FUND CHANGES 61.27 Section 1. Minnesota Statutes 2002, section 16A.531, 61.28 subdivision 1, is amended to read: 61.29 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in 61.30 the state treasury an environmental fund as a special revenue 61.31 fund for deposit of receipts from environmentally related taxes, 61.32 fees, andactivities conducted by the stateother sources as 61.33 provided in subdivision 1a. 61.34 Sec. 2. Minnesota Statutes 2002, section 16A.531, is 61.35 amended by adding a subdivision to read: 61.36 Subd. 1a. [REVENUES.] The following revenues must be 62.1 deposited in the environmental fund: 62.2 (1) all fees collected under section 116.07, subdivision 62.3 4d; 62.4 (2) all money collected by the pollution control agency in 62.5 enforcement matters as provided in section 115.073; 62.6 (3) all revenues from license fees for individual sewage 62.7 treatment systems under section 115.56; 62.8 (4) all loan repayments deposited under section 115A.0716; 62.9 (5) all revenue from pollution prevention fees imposed 62.10 under section 115D.12; 62.11 (6) all loan repayments deposited under section 116.994; 62.12 (7) all fees collected under section 116C.834; 62.13 (8) revenue collected from the environmental tax pursuant 62.14 to chapter 297H; 62.15 (9) fees collected under section 473.844; and 62.16 (10) interest accrued on the fund. 62.17 Sec. 3. Minnesota Statutes 2002, section 115.073, is 62.18 amended to read: 62.19 115.073 [ENFORCEMENT FUNDING.] 62.20 Except as provided insections 115B.20, subdivision 4,62.21clause (2);section 115C.05; and 473.845, subdivision 8, all 62.22 money recovered by the state under this chapter and chapters 62.23 115A and 116, including civil penalties and money paid under an 62.24 agreement, stipulation, or settlement, excluding money paid for 62.25 past due fees or taxes, up to the amount appropriated for 62.26 implementation of Laws 1991, chapter 347, must be deposited in 62.27 the state treasury and credited to the environmental fund. 62.28 Sec. 4. Minnesota Statutes 2002, section 115.56, 62.29 subdivision 4, is amended to read: 62.30 Subd. 4. [LICENSE FEE.] The fee for a license required 62.31 under subdivision 2 is $100 per year. Revenue from the fees 62.32 must be credited to the environmental fund and is exempt from 62.33 section 16A.1285. 62.34 Sec. 5. Minnesota Statutes 2002, section 115A.0716, 62.35 subdivision 3, is amended to read: 62.36 Subd. 3. [REVOLVING ACCOUNT.]An environmental assistance63.1revolving account is established in the environmental fund.All 63.2 repayments of loans awarded under this subdivision, including 63.3 principal and interest, must bedeposited intocredited to the 63.4accountenvironmental fund. Money deposited in theaccount63.5 fund under this section is annually appropriated to the director 63.6 for loans for purposes identified in subdivisions 1 and 2. 63.7 Sec. 6. Minnesota Statutes 2002, section 115A.9651, 63.8 subdivision 6, is amended to read: 63.9 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 63.10 under subdivision 7, the manufacturer, or an association of 63.11 manufacturers, of any specified product distributed for sale or 63.12 use in this state that is not listed pursuant to subdivision 4 63.13 shall submit a product review report and fee as provided in 63.14 paragraph (c) to the commissioner for each product by July 1, 63.15 1998. Each product review report shall contain at least the 63.16 following: 63.17 (1) a policy statement articulating upper management 63.18 support for eliminating or reducing intentional introduction of 63.19 listed metals into its products; 63.20 (2) a description of the product and the amount of each 63.21 listed metal distributed for use in this state; 63.22 (3) a description of past and ongoing efforts to eliminate 63.23 or reduce the listed metal in the product; 63.24 (4) an assessment of options available to reduce or 63.25 eliminate the intentional introduction of the listed metal 63.26 including any alternatives to the specified product that do not 63.27 contain the listed metal, perform the same technical function, 63.28 are commercially available, and are economically practicable; 63.29 (5) a statement of objectives in numerical terms and a 63.30 schedule for achieving the elimination of the listed metals and 63.31 an environmental assessment of alternative products; 63.32 (6) a listing of options considered not to be technically 63.33 or economically practicable; and 63.34 (7) certification attesting to the accuracy of the 63.35 information in the report signed and dated by an official of the 63.36 manufacturer or user. 64.1 If the manufacturer fails to submit a product review report, a 64.2 user of a specified product may submit a report and fee which 64.3 comply with this subdivision by August 15, 1998. 64.4 (b) By July 1, 1999, and annually thereafter until the 64.5 commissioner takes action under subdivision 9, the manufacturer 64.6 or user must submit a progress report and fee as provided in 64.7 paragraph (c) updating the information presented under paragraph 64.8 (a). 64.9 (c) The fee shall be $295 for each report. The fee shall 64.10 be deposited in the state treasury and credited to the 64.11 environmental fund. The fee is exempt from section 16A.1285. 64.12 (d) Where it cannot be determined from a progress report 64.13 submitted by a person pursuant to Laws 1994, chapter 585, 64.14 section 30, subdivision 2, paragraph (e), the number of products 64.15 for which product review reports are due under this subdivision, 64.16 the commissioner shall have the authority to determine, after 64.17 consultation with that person, the number of products for which 64.18 product review reports are required. 64.19 (e) The commissioner shall summarize, aggregate, and 64.20 publish data reported under paragraphs (a) and (b) annually. 64.21 (f) A product that is the subject of a recommendation by 64.22 the Toxics in Packaging Clearinghouse, as administered by the 64.23 Council of State Governments, is exempt from this section. 64.24 Sec. 7. Minnesota Statutes 2002, section 115B.17, 64.25 subdivision 6, is amended to read: 64.26 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 64.27 necessary expenses incurred by the agency or commissioner 64.28 pursuant to this section, including all response costs, and 64.29 administrative and legal expenses, may be recovered in a civil 64.30 action brought by the attorney general against any person who 64.31 may be liable under section 115B.04 or any other law. The 64.32 agency's certification of expenses shall be prima facie evidence 64.33 that the expenses are reasonable and necessary. Any expenses 64.34 incurred pursuant to this section which are recovered by the 64.35 attorney general pursuant to section 115B.04 or any other law, 64.36 including any award of attorneys fees, shall be deposited in the 65.1 remediation fundand credited to a special account for65.2additional response actions as provided in section 115B.20,65.3subdivision 2, clause (2) or (4). 65.4 Sec. 8. Minnesota Statutes 2002, section 115B.17, 65.5 subdivision 7, is amended to read: 65.6 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the 65.7 purpose of this subdivision, the state is the trustee of the 65.8 air, water and wildlife of the state. An action pursuant to 65.9 section 115B.04 for damages with respect to air, water or 65.10 wildlife may be brought by the attorney general in the name of 65.11 the state as trustee for those natural resources. Any damages 65.12 recovered by the attorney general pursuant to section 115B.04 or 65.13 any other law for injury to, destruction of, or loss of natural 65.14 resources resulting from the release of a hazardous substance, 65.15 or a pollutant or contaminant, shall be deposited in theaccount65.16 remediation fund. 65.17 Sec. 9. Minnesota Statutes 2002, section 115B.17, 65.18 subdivision 14, is amended to read: 65.19 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 65.20 OVERSIGHT.] (a) The commissioner may, upon request, assist a 65.21 person in determining whether real property has been the site of 65.22 a release or threatened release of a hazardous substance, 65.23 pollutant, or contaminant. The commissioner may also assist in, 65.24 or supervise, the development and implementation of reasonable 65.25 and necessary response actions. Assistance may include review 65.26 of agency records and files, and review and approval of a 65.27 requester's investigation plans and reports and response action 65.28 plans and implementation. 65.29 (b) Except as otherwise provided in this paragraph, the 65.30 person requesting assistance under this subdivision shall pay 65.31 the agency for the agency's cost, as determined by the 65.32 commissioner, of providing assistance. A state agency, 65.33 political subdivision, or other public entity is not required to 65.34 pay for the agency's cost to review agency records and files. 65.35 Money received by the agency for assistance under this section 65.36 must be deposited in theenvironmental response, compensation,66.1and complianceremediation fund and is exempt from section 66.2 16A.1285. 66.3 (c) When a person investigates a release or threatened 66.4 release in accordance with an investigation plan approved by the 66.5 commissioner under this subdivision, the investigation does not 66.6 associate that person with the release or threatened release for 66.7 the purpose of section 115B.03, subdivision 3, clause (4). 66.8 Sec. 10. Minnesota Statutes 2002, section 115B.17, 66.9 subdivision 16, is amended to read: 66.10 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 66.11 ACTION.] (a) If the commissioner determines that real or 66.12 personal property acquired by the agency for response action is 66.13 no longer needed for response action purposes, the commissioner 66.14 may: 66.15 (1) transfer the property to the commissioner of 66.16 administration to be disposed of in the manner required for 66.17 other surplus property subject to conditions the commissioner 66.18 determines necessary to protect the public health and welfare or 66.19 the environment, or to comply with federal law; 66.20 (2) transfer the property to another state agency, a 66.21 political subdivision, or special purpose district as provided 66.22 in paragraph (b); or 66.23 (3) if required by federal law, take actions and dispose of 66.24 the property as required by federal law. 66.25 (b) If the commissioner determines that real or personal 66.26 property acquired by the agency for response action must be 66.27 operated, maintained, or monitored after completion of other 66.28 phases of the response action, the commissioner may transfer 66.29 ownership of the property to another state agency, a political 66.30 subdivision, or special purpose district that agrees to accept 66.31 the property. A state agency, political subdivision, or special 66.32 purpose district is authorized to accept and implement the terms 66.33 and conditions of a transfer under this paragraph. The 66.34 commissioner may set terms and conditions for the transfer that 66.35 the commissioner considers reasonable and necessary to ensure 66.36 proper operation, maintenance, and monitoring of response 67.1 actions, protect the public health and welfare and the 67.2 environment, and comply with applicable federal and state laws 67.3 and regulations. The state agency, political subdivision, or 67.4 special purpose district to which the property is transferred is 67.5 not liable under this chapter solely as a result of acquiring 67.6 the property or acting in accordance with the terms and 67.7 conditions of the transfer. 67.8 (c) If the agency acquires property under subdivision 15, 67.9 the commissioner may lease or grant an easement in the property 67.10 to a person during the implementation of response actions if the 67.11 lease or easement is compatible with or necessary for response 67.12 action implementation. 67.13 (d) The proceeds of a sale, lease, or other transfer of 67.14 property under this subdivision by the commissioner or by the 67.15 commissioner of administration shall be deposited in the 67.16environmental response, compensation, and compliance account67.17 remediation fund. Any share of the proceeds that the agency is 67.18 required by federal law or regulation to reimburse to the 67.19 federal government is appropriated from the account to the 67.20 agency for that purpose. Except for section 94.16, subdivision 67.21 2, the provisions of section 94.16 do not apply to real property 67.22 sold by the commissioner of administration which was acquired 67.23 under subdivision 15. 67.24 Sec. 11. Minnesota Statutes 2002, section 115B.19, is 67.25 amended to read: 67.26 115B.19 [PURPOSES OF ACCOUNT AND TAXES.] 67.27 In establishing theenvironmental response, compensation67.28and compliance accountremediation fund in section115B.20 and67.29imposing taxes in section 115B.22116.155 it is the purpose of 67.30 the legislature to: 67.31 (1) encourage treatment and disposal of hazardous waste in 67.32 a manner that adequately protects the public health or welfare 67.33 or the environment; 67.34 (2) encourage responsible parties to provide the response 67.35 actions necessary to protect the public and the environment from 67.36 the effects of the release of hazardous substances; 68.1 (3) encourage the use of alternatives to land disposal of 68.2 hazardous waste including resource recovery, recycling, 68.3 neutralization, and reduction; 68.4 (4) provide state agencies with the financial resources 68.5 needed to prepare and implement an effective and timely state 68.6 response to the release of hazardous substances, including 68.7 investigation, planning, removal and remedial action; 68.8 (5) compensate for increased governmental expenses and loss 68.9 of revenue and to provide other appropriate assistance to 68.10 mitigate any adverse impact on communities in which commercial 68.11 hazardous waste processing or disposal facilities are located 68.12 under the siting process provided in chapter 115A; 68.13 (6) recognize the environmental and public health costs of 68.14 land disposal of solid waste and of the use and disposal of 68.15 hazardous substances and to place the burden of financing state 68.16 hazardous waste management activities on those whose products 68.17 and services contribute to hazardous waste management problems 68.18 and increase the risks of harm to the public and the environment. 68.19 Sec. 12. Minnesota Statutes 2002, section 115B.20, is 68.20 amended to read: 68.21 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND68.22COMPLIANCE ACCOUNTACTIONS USING MONEY FROM REMEDIATION FUND.] 68.23Subdivision 1. [ESTABLISHMENT.] (a) The environmental68.24response, compensation, and compliance account is in the68.25environmental fund in the state treasury and may be spent only68.26for the purposes provided in subdivision 2.68.27(b) The commissioner of finance shall administer a response68.28account for the agency and the commissioner of agriculture to68.29take removal, response, and other actions authorized under68.30subdivision 2, clauses (1) to (4) and (9) to (11). The68.31commissioner of finance shall transfer money from the response68.32account to the agency and the commissioner of agriculture to68.33take actions required under subdivision 2, clauses (1) to (4)68.34and (9) to (11).68.35(c) The commissioner of finance shall administer the68.36account in a manner that allows the commissioner of agriculture69.1and the agency to utilize the money in the account to implement69.2their removal and remedial action duties as effectively as69.3possible.69.4(d) Amounts appropriated to the commissioner of finance69.5under this subdivision shall not be included in the department69.6of finance budget but shall be included in the pollution control69.7agency and department of agriculture budgets.69.8(e) All money recovered by the state under section 115B.0469.9or any other law for injury to, destruction of, or loss of69.10natural resources resulting from the release of a hazardous69.11substance, or a pollutant or contaminant, must be credited to69.12the environmental response, compensation, and compliance account69.13in the environmental fund and is appropriated to the69.14commissioner of natural resources for purposes of subdivision 2,69.15clause (5), consistent with any applicable term of judgments,69.16consent decrees, consent orders, or other administrative actions69.17requiring payments to the state for such purposes. Before69.18making an expenditure of money appropriated under this69.19paragraph, the commissioner of natural resources shall provide69.20written notice of the proposed expenditure to the chairs of the69.21senate committee on finance, the house of representatives69.22committee on ways and means, the finance division of the senate69.23committee on environment and natural resources, and the house of69.24representatives committee on environment and natural resources69.25finance.69.26 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.]Subject69.27to appropriation by the legislature the money in the69.28accountMoney appropriated from the remediation fund under 69.29 section 116.155, subdivision 2, paragraph (a), clause (1), may 69.30 be spent only forany ofthe following purposes: 69.31 (1) preparation by the agency and the commissioner of 69.32 agriculture for taking removal or remedial action under section 69.33 115B.17, or under chapter 18D, including investigation, 69.34 monitoring and testing activities, enforcement and compliance 69.35 efforts relating to the release of hazardous substances, 69.36 pollutants or contaminants under section 115B.17 or 115B.18, or 70.1 chapter 18D; 70.2 (2) removal and remedial actions taken or authorized by the 70.3 agency or the commissioner of the pollution control agency under 70.4 section 115B.17, or taken or authorized by the commissioner of 70.5 agriculture under chapter 18D including related enforcement and 70.6 compliance efforts under section 115B.17 or 115B.18, or chapter 70.7 18D, and payment of the state share of the cost of remedial 70.8 action which may be carried out under a cooperative agreement 70.9 with the federal government pursuant to the federal Superfund 70.10 Act, under United States Code, title 42, section 9604(c)(3) for 70.11 actions related to facilities other than commercial hazardous 70.12 waste facilities located under the siting authority of chapter 70.13 115A; 70.14 (3) reimbursement to any private person for expenditures 70.15 made before July 1, 1983, to provide alternative water supplies 70.16 deemed necessary by the agency or the commissioner of 70.17 agriculture and the department of health to protect the public 70.18 health from contamination resulting from the release of a 70.19 hazardous substance; 70.20 (4)removal and remedial actions taken or authorized by the70.21agency or the commissioner of agriculture or the pollution70.22control agency under section 115B.17, or chapter 18D, including70.23related enforcement and compliance efforts under section 115B.1770.24or 115B.18, or chapter 18D, and payment of the state share of70.25the cost of remedial action which may be carried out under a70.26cooperative agreement with the federal government pursuant to70.27the federal Superfund Act, under United States Code, title 42,70.28section 9604(c)(3) for actions related to commercial hazardous70.29waste facilities located under the siting authority of chapter70.30115A;70.31(5)assessment and recovery of natural resource damages by 70.32 the agency and the commissioners of natural resources and 70.33 administration, and planning and implementation by the 70.34 commissioner of natural resources of the rehabilitation, 70.35 restoration, or acquisition of natural resources to remedy 70.36 injuries or losses to natural resources resulting from the 71.1 release of a hazardous substance; before implementing a project 71.2 to rehabilitate, restore, or acquire natural resources under 71.3 this clause, the commissioner of natural resources shall provide 71.4 written notice of the proposed project to the chairs of the 71.5 senate and house of representatives committees with jurisdiction 71.6 over environment and natural resources finance; 71.7(6) inspection, monitoring, and compliance efforts by the71.8agency, or by political subdivisions with agency approval, of71.9commercial hazardous waste facilities located under the siting71.10authority of chapter 115A;71.11(7) grants by the agency or the office of environmental71.12assistance to demonstrate alternatives to land disposal of71.13hazardous waste including reduction, separation, pretreatment,71.14processing and resource recovery, for education of persons71.15involved in regulating and handling hazardous waste;71.16(8) grants by the agency to study the extent of71.17contamination and feasibility of cleanup of hazardous substances71.18and pollutants or contaminants in major waterways of the state;71.19(9)(5) acquisition of a property interest under section 71.20 115B.17, subdivision 15; 71.21(10)(6) reimbursement, in an amount to be determined by 71.22 the agency in each case, to a political subdivision that is not 71.23 a responsible person under section 115B.03, for reasonable and 71.24 necessary expenditures resulting from an emergency caused by a 71.25 release or threatened release of a hazardous substance, 71.26 pollutant, or contaminant; and 71.27(11)(7) reimbursement to a political subdivision for 71.28 expenditures in excess of the liability limit under section 71.29 115B.04, subdivision 4. 71.30 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 71.31 of agriculture or the pollution control agency or the agency may 71.32 not spend any money under subdivision 2, clause (2)or (4), for 71.33 removal or remedial actions to the extent that the costs of 71.34 those actions may be compensated from any fund established under 71.35 the Federal Superfund Act, United States Code, title 42, section 71.36 9600 et seq. The commissioner of agriculture or the pollution 72.1 control agency or the agency shall determine the extent to which 72.2 any of the costs of those actions may be compensated under the 72.3 federal act based on the likelihood that the compensation will 72.4 be available in a timely fashion. In making this determination 72.5 the commissioner of agriculture or the pollution control agency 72.6 or the agency shall take into account: 72.7 (1) the urgency of the removal or remedial actions and the 72.8 priority assigned under the Federal Superfund Act to the release 72.9 which necessitates those actions; 72.10 (2) the availability of money in the funds established 72.11 under the Federal Superfund Act; and 72.12 (3) the consistency of any compensation for the cost of the 72.13 proposed actions under the Federal Superfund Act with the 72.14 national contingency plan, if such a plan has been adopted under 72.15 that act. 72.16Subd. 4. [REVENUE SOURCES.] Revenue from the following72.17sources shall be deposited in the account:72.18(1) the proceeds of the taxes imposed pursuant to section72.19115B.22, including interest and penalties;72.20(2) all money recovered by the state under sections 115B.0172.21to 115B.18 or under any other statute or rule related to the72.22regulation of hazardous waste or hazardous substances, including72.23civil penalties and money paid under any agreement, stipulation72.24or settlement but excluding fees imposed under section 116.12;72.25(3) all interest attributable to investment of money72.26deposited in the account; and72.27(4) all money received in the form of gifts, grants,72.28reimbursement or appropriation from any source for any of the72.29purposes provided in subdivision 2, except federal grants.72.30Subd. 5. [RECOMMENDATION.] The commissioner of agriculture72.31shall make recommendations to the standing legislative72.32committees on finance and appropriations regarding72.33appropriations from the account.72.34 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 72.35 commissioner of agriculture and the agency shall submit to the 72.36 senate finance committee, the house ways and means committee, 73.1 the environment and natural resources committees of the senate 73.2 and house of representatives, the finance division of the senate 73.3 committee on environment and natural resources, and the house of 73.4 representatives committee on environment and natural resources 73.5 finance, and the environmental quality board a report detailing 73.6 the activities for which moneyfrom the accounthas been spent 73.7 pursuant to this section during the previous fiscal year. 73.8 Sec. 13. Minnesota Statutes 2002, section 115B.22, 73.9 subdivision 7, is amended to read: 73.10 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to 73.11 the department of revenue for costs incurred in administering 73.12 sections 115B.22 and 115B.24, the proceeds of the taxes imposed 73.13 under this section including any interest and penalties shall be 73.14 deposited in the environmentalresponse, compensation, and73.15compliance accountfund. 73.16 Sec. 14. Minnesota Statutes 2002, section 115B.25, 73.17 subdivision 1a, is amended to read: 73.18 Subd. 1a. [ACCOUNTFUND.] Except when another fund or 73.19 account is specified, "accountfund" means theenvironmental73.20response, compensation, and compliance accountremediation fund 73.21 established in section115B.20116.155. 73.22 Sec. 15. Minnesota Statutes 2002, section 115B.25, 73.23 subdivision 4, is amended to read: 73.24 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a 73.25 person who is eligible to file a claim with theaccountfund 73.26 under section 115B.29. 73.27 Sec. 16. Minnesota Statutes 2002, section 115B.26, is 73.28 amended to read: 73.29 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND73.30COMPLIANCE ACCOUNTPAYMENT OF CLAIMS.] 73.31 Subd. 2. [APPROPRIATION.] The amount necessary to pay 73.32 claims of compensation granted by the agency under sections 73.33 115B.25 to 115B.37ismust be directly appropriated to the 73.34 agency from theaccountfund by the legislature. 73.35Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If73.36the amount of the claims granted exceeds the amount in the74.1account, the agency shall request a transfer from the general74.2contingent account to the environmental response, compensation,74.3and compliance account as provided in section 3.30. If no74.4transfer is approved, the agency shall pay the claims which have74.5been granted in the order granted only to the extent of the74.6money remaining in the account. The agency shall pay the74.7remaining claims which have been granted after additional money74.8is credited to the account.74.9 Subd. 4. [ACCOUNTTRANSFER REQUEST.] At the end of each 74.10 fiscal year, the agency shall submit a request to the petroleum 74.11 tank release compensation board for transfer to theaccountfund 74.12 from the petroleum tank release cleanup fund under section 74.13 115C.08, subdivision 5, of an amount equal to the compensation 74.14 granted by the agency for claims related to petroleum releases 74.15 plus administrative costs related to determination of those 74.16 claims. 74.17 Sec. 17. Minnesota Statutes 2002, section 115B.30, is 74.18 amended to read: 74.19 115B.30 [ELIGIBLE INJURY AND DAMAGE.] 74.20 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal 74.21 injury which could reasonably have resulted from exposure to a 74.22 harmful substance released from a facility where it was placed 74.23 or came to be located is eligible for compensation from 74.24 theaccountfund if: 74.25 (1) it is a medically verified chronic or progressive 74.26 disease, illness, or disability such as cancer, organic nervous 74.27 system disorders, or physical deformities, including 74.28 malfunctions in reproduction, in humans or their offspring, or 74.29 death; or 74.30 (2) it is a medically verified acute disease or condition 74.31 that typically manifests itself rapidly after a single exposure 74.32 or limited exposures and the persons responsible for the release 74.33 of the harmful substance are unknown or cannot with reasonable 74.34 diligence be determined or located or a judgment would not be 74.35 satisfied in whole or in part against the persons determined to 74.36 be responsible for the release of the harmful substance. 75.1 (b) A personal injury is not compensable from the account 75.2 if: 75.3 (1) the injury is compensable under the workers' 75.4 compensation law, chapter 176; 75.5 (2) the injury arises out of the claimant's use of a 75.6 consumer product; 75.7 (3) the injury arises out of an exposure that occurred or 75.8 is occurring outside the geographical boundaries of the state; 75.9 (4) the injury results from the release of a harmful 75.10 substance for which the claimant is a responsible person; or 75.11 (5) the injury is an acute disease or condition other than 75.12 one described in paragraph (a). 75.13 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real 75.14 property in Minnesota owned by the claimant is eligible for 75.15 compensation from theaccountfund if the damage results from 75.16 the presence in or on the property of a harmful substance 75.17 released from a facility where it was placed or came to be 75.18 located. Damage to property is not eligible for compensation 75.19 from theaccountfund if it results from the release of a 75.20 harmful substance for which the claimant is a responsible person. 75.21 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 75.22 eligible for compensation from theaccountfund unless it is 75.23 filed with the agency within the time provided in this 75.24 subdivision. 75.25 (b) A claim for compensation for personal injury must be 75.26 filed within two years after the injury and its connection to 75.27 exposure to a harmful substance was or reasonably should have 75.28 been discovered. 75.29 (c) A claim for compensation for property damage must be 75.30 filed within two years after the full amount of compensable 75.31 losses can be determined. 75.32 (d) Notwithstanding the provisions of this subdivision, 75.33 claims for compensation that would otherwise be barred by any 75.34 statute of limitations provided in sections 115B.25 to 115B.37 75.35 may be filed not later than January 1, 1992. 75.36 Sec. 18. Minnesota Statutes 2002, section 115B.31, 76.1 subdivision 1, is amended to read: 76.2 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 76.3 CERTAIN CASES.] (a) A person who has settled a claim for an 76.4 eligible injury or eligible property damage with a responsible 76.5 person, either before or after bringing an action in court for 76.6 that injury or damage, may not file a claim with the account for 76.7 the same injury or damage. A person who has received a 76.8 favorable judgment in a court action for an eligible injury or 76.9 eligible property damage may not file a claim with theaccount76.10 fund for the same injury or damage, unless the judgment cannot 76.11 be satisfied in whole or in part against the persons responsible 76.12 for the release of the harmful substance. A person who has 76.13 filed a claim with the agency or its predecessor, the harmful 76.14 substance compensation board, may not file another claim with 76.15 the agency for the same eligible injury or damage, unless the 76.16 claim was inactivated by the agency or board as provided in 76.17 section 115B.32, subdivision 1. 76.18 (b) A person who has filed a claim with the agency or board 76.19 for an eligible injury or damage, and who has received and 76.20 accepted an award from the agency or board, is precluded from 76.21 bringing an action in court for the same eligible injury or 76.22 damage. 76.23 (c) A person who files a claim with the agency for personal 76.24 injury or property damage must include all known claims eligible 76.25 for compensation in one proceeding before the agency. 76.26 Sec. 19. Minnesota Statutes 2002, section 115B.31, 76.27 subdivision 3, is amended to read: 76.28 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated 76.29 to all the claimant's rights under statutory or common law to 76.30 recover losses compensated from theaccountfund from other 76.31 sources, including responsible persons as defined in section 76.32 115B.03. The state may bring a subrogation action in its own 76.33 name or in the name of the claimant. The state may not bring a 76.34 subrogation action against a person who was a party in a court 76.35 action by the claimant for the same eligible injury or damage, 76.36 unless the claimant dismissed the action prior to trial. Money 77.1 recovered by the state under this subdivision must be deposited 77.2 in theaccountfund. Nothing in sections 115B.25 to 115B.37 77.3 shall be construed to create a standard of recovery in a 77.4 subrogation action. 77.5 Sec. 20. Minnesota Statutes 2002, section 115B.31, 77.6 subdivision 4, is amended to read: 77.7 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 77.8 A claimant may not commence a court action to recover for any 77.9 injury or damage for which the claimant seeks compensation from 77.10 theaccountfund during the time that a claim is pending before 77.11 the agency. A person may not file a claim with the agency for 77.12 compensation for any injury or damage for which the claimant 77.13 seeks to recover in a pending court action. The time for filing 77.14 a claim under section 115B.30 or the statute of limitations for 77.15 any civil action is suspended during the period of time that a 77.16 claimant is precluded from filing a claim or commencing an 77.17 action under this subdivision. 77.18 Sec. 21. Minnesota Statutes 2002, section 115B.32, 77.19 subdivision 1, is amended to read: 77.20 Subdivision 1. [FORM.] A claim for compensation from 77.21 theaccountfund must be filed with the agency in the form 77.22 required by the agency. When a claim does not include all the 77.23 information required by subdivision 2 and applicable agency 77.24 rules, the agency staff shall notify the claimant of the absence 77.25 of the required information within 14 days of the filing of the 77.26 claim. All required information must be received by the agency 77.27 not later than 60 days after the claimant received notice of its 77.28 absence or the claim will be inactivated and may not be 77.29 resubmitted for at least one year following the date of 77.30 inactivation. The agency may decide not to inactivate a claim 77.31 under this subdivision if it finds serious extenuating 77.32 circumstances. 77.33 Sec. 22. Minnesota Statutes 2002, section 115B.33, 77.34 subdivision 1, is amended to read: 77.35 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency 77.36 shall grant compensation to a claimant who shows that it is more 78.1 likely than not that: 78.2 (1) the claimant suffers a medically verified injury that 78.3 is eligible for compensation from theaccountfund and that has 78.4 resulted in a compensable loss; 78.5 (2) the claimant has been exposed to a harmful substance; 78.6 (3) the release of the harmful substance from a facility 78.7 where the substance was placed or came to be located could 78.8 reasonably have resulted in the claimant's exposure to the 78.9 substance in the amount and duration experienced by the 78.10 claimant; and 78.11 (4) the injury suffered by the claimant can be caused or 78.12 significantly contributed to by exposure to the harmful 78.13 substance in an amount and duration experienced by the claimant. 78.14 Sec. 23. Minnesota Statutes 2002, section 115B.34, is 78.15 amended to read: 78.16 115B.34 [COMPENSABLE LOSSES.] 78.17 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 78.18 compensable by theaccountfund for personal injury are limited 78.19 to: 78.20 (1) medical expenses directly related to the claimant's 78.21 injury; 78.22 (2) up to two-thirds of the claimant's lost wages not to 78.23 exceed $2,000 per month or $24,000 per year; 78.24 (3) up to two-thirds of a self-employed claimant's lost 78.25 income, not to exceed $2,000 per month or $24,000 per year; 78.26 (4) death benefits to dependents which the agency shall 78.27 define by rule subject to the following conditions: 78.28 (i) the rule adopted by the agency must establish a 78.29 schedule of benefits similar to that established by section 78.30 176.111 and must not provide for the payment of benefits to 78.31 dependents other than those dependents defined in section 78.32 176.111; 78.33 (ii) the total benefits paid to all dependents of a 78.34 claimant must not exceed $2,000 per month; 78.35 (iii) benefits paid to a spouse and all dependents other 78.36 than children must not continue for a period longer than ten 79.1 years; 79.2 (iv) payment of benefits is subject to the limitations of 79.3 section 115B.36; and 79.4 (5) the value of household labor lost due to the claimant's 79.5 injury or disease, which must be determined in accordance with a 79.6 schedule established by the board by rule, not to exceed $2,000 79.7 per month or $24,000 per year. 79.8 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 79.9 by theaccountfund for property damage are limited to the 79.10 following losses caused by damage to the principal residence of 79.11 the claimant: 79.12 (1) the reasonable cost of replacing or decontaminating the 79.13 primary source of drinking water for the property not to exceed 79.14 the amount actually expended by the claimant or assessed by a 79.15 local taxing authority, if the department of health has 79.16 confirmed that the remedy provides safe drinking water and 79.17 advised that the water not be used for drinking or determined 79.18 that the replacement or decontamination of the source of 79.19 drinking water was necessary, up to a maximum of $25,000; 79.20 (2) losses incurred as a result of a bona fide sale of the 79.21 property at less than the appraised market value under 79.22 circumstances that constitute a hardship to the owner, limited 79.23 to 75 percent of the difference between the appraised market 79.24 value and the selling price, but not to exceed $25,000; and 79.25 (3) losses incurred as a result of the inability of an 79.26 owner in hardship circumstances to sell the property due to the 79.27 presence of harmful substances, limited to the increase in costs 79.28 associated with the need to maintain two residences, but not to 79.29 exceed $25,000. 79.30 (b) In computation of the loss under paragraph (a), clause 79.31 (3), the agency shall offset the loss by the amount of any 79.32 income received by the claimant from the rental of the property. 79.33 (c) For purposes of paragraph (a), the following 79.34 definitions apply: 79.35 (1) "appraised market value" means an appraisal of the 79.36 market value of the property disregarding any decrease in value 80.1 caused by the presence of a harmful substance in or on the 80.2 property; and 80.3 (2) "hardship" means an urgent need to sell the property 80.4 based on a special circumstance of the owner including 80.5 catastrophic medical expenses, inability of the owner to 80.6 physically maintain the property due to a physical or mental 80.7 condition, and change of employment of the owner or other member 80.8 of the owner's household requiring the owner to move to a 80.9 different location. 80.10 (d) Appraisals are subject to agency approval. The agency 80.11 may adopt rules governing approval of appraisals, criteria for 80.12 establishing a hardship, and other matters necessary to 80.13 administer this subdivision. 80.14 Sec. 24. Minnesota Statutes 2002, section 115B.36, is 80.15 amended to read: 80.16 115B.36 [AMOUNT AND FORM OF PAYMENT.] 80.17 If the agency decides to grant compensation, it shall 80.18 determine the net uncompensated loss payable to the claimant by 80.19 computing the total amount of compensable losses payable to the 80.20 claimant and subtracting the total amount of any compensation 80.21 received by the claimant for the same injury or damage from 80.22 other sources including, but not limited to, all forms of 80.23 insurance and social security and any emergency award made by 80.24 the agency. The agency shall pay compensation in the amount of 80.25 the net uncompensated loss, provided that no claimant may 80.26 receive more than $250,000. In the case of a death, the total 80.27 amount paid to all persons on behalf of the claimant may not 80.28 exceed $250,000. 80.29 Compensation from theaccountfund may be awarded in a lump 80.30 sum or in installments at the discretion of the agency. 80.31 Sec. 25. Minnesota Statutes 2002, section 115B.40, 80.32 subdivision 4, is amended to read: 80.33 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 80.34 DUTIES.] (a) The owner or operator of a qualified facility that 80.35 is not subject to a cleanup order shall: 80.36 (1) complete closure activities at the facility, or enter 81.1 into a binding agreement with the commissioner to do so, as 81.2 provided in paragraph (e), within one year from the date the 81.3 owner or operator is notified by the commissioner under 81.4 subdivision 3 of the closure activities that are necessary to 81.5 properly close the facility in compliance with facility's 81.6 permit, closure orders, or enforcement agreement with the 81.7 agency, and with the solid waste rules in effect at the time the 81.8 facility stopped accepting waste; 81.9 (2) undertake or continue postclosure care at the facility 81.10 until the date of notice of compliance under subdivision 7; 81.11 (3) in the case of qualified facilities defined in section 81.12 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 81.13 the commissioner of revenue for deposit in thesolid waste81.14 remediation fund established in section115B.42116.155 any 81.15 funds required for proof of financial responsibility under 81.16 section 116.07, subdivision 4h, that remain after facility 81.17 closure and any postclosure care and response action undertaken 81.18 by the owner or operator at the facility including, if proof of 81.19 financial responsibility is provided through a letter of credit 81.20 or other financial instrument or mechanism that does not 81.21 accumulate money in an account, the amount that would have 81.22 accumulated had the owner or operator utilized a trust fund, 81.23 less any amount used for closure, postclosure care, and response 81.24 action at the facility; and 81.25 (4) in the case of qualified facilities defined in section 81.26 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 81.27 the commissioner of revenue for deposit in thesolid waste81.28 remediation fund established in section115B.42116.155 an 81.29 amount of cash that is equal to the sum of their approved 81.30 current contingency action cost estimate and the present value 81.31 of their approved estimated remaining postclosure care costs 81.32 required for proof of financial responsibility under section 81.33 116.07, subdivision 4h. 81.34 (b) The owner or operator of a qualified facility that is 81.35 not subject to a cleanup order shall: 81.36 (1) in the case of qualified facilities defined in section 82.1 115B.39, subdivision 2, paragraph (l), clause (1), provide the 82.2 commissioner with a copy of all applicable comprehensive general 82.3 liability insurance policies and other liability policies 82.4 relating to property damage, certificates, or other evidence of 82.5 insurance coverage held during the life of the facility; and 82.6 (2) enter into a binding agreement with the commissioner to: 82.7 (i) in the case of qualified facilities defined in section 82.8 115B.39, subdivision 2, paragraph (l), clause (1), take any 82.9 actions necessary to preserve the owner or operator's rights to 82.10 payment or defense under insurance policies included in clause 82.11 (1); cooperate with the commissioner in asserting claims under 82.12 the policies; and, within 60 days of a request by the 82.13 commissioner, but no earlier than July 1, 1996, assign only 82.14 those rights under the policies related to environmental 82.15 response costs; 82.16 (ii) cooperate with the commissioner or other persons 82.17 acting at the direction of the commissioner in taking additional 82.18 environmental response actions necessary to address releases or 82.19 threatened releases and to avoid any action that interferes with 82.20 environmental response actions, including allowing entry to the 82.21 property and to the facility's records and allowing entry and 82.22 installation of equipment; and 82.23 (iii) refrain from developing or altering the use of 82.24 property described in any permit for the facility except after 82.25 consultation with the commissioner and in conformance with any 82.26 conditions established by the commissioner for that property, 82.27 including use restrictions, to protect public health and welfare 82.28 and the environment. 82.29 (c) The owner or operator of a qualified facility defined 82.30 in section 115B.39, subdivision 2, paragraph (l), clause (1), 82.31 that is a political subdivision may use a portion of any funds 82.32 established for response at the facility, which are available 82.33 directly or through a financial instrument or other financial 82.34 arrangement, for closure or postclosure care at the facility if 82.35 funds available for closure or postclosure care are inadequate 82.36 and shall assign the rights to any remainder to the commissioner. 83.1 (d) The agreement required in paragraph (b), clause (2), 83.2 must be in writing and must apply to and be binding upon the 83.3 successors and assigns of the owner. The owner shall record the 83.4 agreement, or a memorandum approved by the commissioner that 83.5 summarizes the agreement, with the county recorder or registrar 83.6 of titles of the county where the property is located. 83.7 (e) A binding agreement entered into under paragraph (a), 83.8 clause (1), may include a provision that the owner or operator 83.9 will reimburse the commissioner for the costs of closing the 83.10 facility to the standard required in that clause. 83.11 Sec. 26. Minnesota Statutes 2002, section 115B.41, 83.12 subdivision 1, is amended to read: 83.13 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A 83.14 person who is subject to the requirements in section 115B.40, 83.15 subdivision 4 or 5, paragraph (b), is responsible for all 83.16 environmental response costs incurred by the commissioner at or 83.17 related to the facility until the date of notice of compliance 83.18 under section 115B.40, subdivision 7. The commissioner may use 83.19 any funds available for closure, postclosure care, and response 83.20 action established by the owner or operator. If those funds are 83.21 insufficient or if the owner or operator fails to assign rights 83.22 to them to the commissioner, the commissioner may seek recovery 83.23 of environmental response costs against the owner or operator in 83.24 the county of Ramsey or in the county where the facility is 83.25 located or where the owner or operator resides. 83.26 (b) In an action brought under this subdivision in which 83.27 the commissioner prevails, the court shall award the 83.28 commissioner reasonable attorney fees and other litigation 83.29 expenses incurred by the commissioner to bring the action. All 83.30 costs, fees, and expenses recovered under this subdivision must 83.31 be deposited in thesolid wasteremediation fund established in 83.32 section115B.42116.155. 83.33 Sec. 27. Minnesota Statutes 2002, section 115B.41, 83.34 subdivision 2, is amended to read: 83.35 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 83.36 environmental response costs, including administrative and legal 84.1 expenses, incurred by the commissioner at a qualified facility 84.2 before the date of notice of compliance under section 115B.40, 84.3 subdivision 7, constitute a lien in favor of the state upon any 84.4 real property located in the state, other than homestead 84.5 property, owned by the owner or operator who is subject to the 84.6 requirements of section 115B.40, subdivision 4 or 5. A lien 84.7 under this subdivision attaches when the environmental response 84.8 costs are first incurred and continues until the lien is 84.9 satisfied or becomes unenforceable as for an environmental lien 84.10 under section 514.672. Notice, filing, and release of the lien 84.11 are governed by sections 514.671 to 514.676, except where those 84.12 requirements specifically are related to only cleanup action 84.13 expenses as defined in section 514.671. Relative priority of a 84.14 lien under this subdivision is governed by section 514.672, 84.15 except that a lien attached to property that was included in any 84.16 permit for the solid waste disposal facility takes precedence 84.17 over all other liens regardless of when the other liens were or 84.18 are perfected. Amounts received to satisfy all or a part of a 84.19 lien must be deposited in thesolid wasteremediation fund. 84.20 Sec. 28. Minnesota Statutes 2002, section 115B.41, 84.21 subdivision 3, is amended to read: 84.22 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 84.23 operator fails to comply with section 115B.40, subdivision 4, or 84.24 5, paragraph (b), fails to remit payment of environmental 84.25 response costs incurred by the commissioner before the date of 84.26 notice of compliance under section 115B.40, subdivision 7, and 84.27 is a local government unit, the commissioner may seek payment of 84.28 the costs from any state aid payments, except payments made 84.29 under section 115A.557, subdivision 1, otherwise due the local 84.30 government unit. The commissioner of revenue, after being 84.31 notified by the commissioner that the local government unit has 84.32 failed to pay the costs and the amount due, shall pay an annual 84.33 proportionate amount of the state aid payment otherwise payable 84.34 to the local government unit into thesolid wasteremediation 84.35 fund that will, over a period of no more than five years, 84.36 satisfy the liability of the local government unit for the costs. 85.1 Sec. 29. Minnesota Statutes 2002, section 115B.42, 85.2 subdivision 2, is amended to read: 85.3 Subd. 2. [EXPENDITURES.]Money in the fund may be spent by85.4 The commissioner may spend money from the remediation fund under 85.5 section 116.155, subdivision 2, paragraph (a), clause (2), to: 85.6 (1) inspect permitted mixed municipal solid waste disposal 85.7 facilities to: 85.8 (i) evaluate the adequacy of final cover, slopes, 85.9 vegetation, and erosion control; 85.10 (ii) determine the presence and concentration of hazardous 85.11 substances, pollutants or contaminants, and decomposition gases; 85.12 and 85.13 (iii) determine the boundaries of fill areas; 85.14 (2) monitor and take, or reimburse others for, 85.15 environmental response actions, including emergency response 85.16 actions, at qualified facilities; 85.17 (3) acquire and dispose of property under section 115B.412, 85.18 subdivision 3; 85.19 (4) recover costs under section 115B.39; 85.20 (5) administer, including providing staff and 85.21 administrative support for, sections 115B.39 to 115B.445; 85.22 (6) enforce sections 115B.39 to 115B.445; 85.23 (7)subject to appropriation, administer the agency's85.24groundwater and solid waste management programs;85.25(8)pay for private water supply well monitoring and health 85.26 assessment costs of the commissioner of health in areas affected 85.27 by unpermitted mixed municipal solid waste disposal facilities; 85.28(9)(8) reimburse persons under section 115B.43; 85.29(10)(9) reimburse mediation expenses up to a total of 85.30 $250,000 annually or defense costs up to a total of $250,000 85.31 annually for third-party claims for response costs under state 85.32 or federal law as provided in section 115B.414; and 85.33(11)(10) perform environmental assessments, up to 85.34 $1,000,000, at unpermitted mixed municipal solid waste disposal 85.35 facilities. 85.36 Sec. 30. Minnesota Statutes 2002, section 115B.421, is 86.1 amended to read: 86.2 115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 86.3 The closed landfill investment fund is established in the 86.4 state treasury. The fund consists of money credited to the 86.5 fund, and interest and other earnings on money in the fund. The 86.6 commissioner of finance shall transfer an initial amount of 86.7 $5,100,000 from the balance in the solid waste fund beginning in 86.8 fiscal year 2000 and shall continue to transfer $5,100,000 for 86.9 each following fiscal year, ceasing after 2003. Beginning July 86.10 1, 2003, funds must be deposited as described in section 86.11 115B.445. The fund shall be managed to maximize long-term gain 86.12 through the state board of investment. Money in the fund may be 86.13 spent by the commissioner after fiscal year 2020 in accordance 86.14 withsection 115B.42, subdivision 2, clauses (1) to (6)sections 86.15 115B.39 to 115B.444. 86.16 Sec. 31. Minnesota Statutes 2002, section 115B.445, is 86.17 amended to read: 86.18 115B.445 [DEPOSIT OF PROCEEDS.] 86.19 All amounts paid to the state by an insurer pursuant to any 86.20 settlement under section 115B.443 or judgment under section 86.21 115B.444 must be deposited in the state treasury and 86.22 credited equally to thesolid wasteremediation fund and the 86.23 closed landfill investment fund. 86.24 [EFFECTIVE DATE.] This section is effective for all 86.25 proceeds paid after June 30, 2001. 86.26 Sec. 32. Minnesota Statutes 2002, section 115B.48, 86.27 subdivision 2, is amended to read: 86.28 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 86.29 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 86.30 response and reimbursement account" or "account" means the dry 86.31 cleaner environmental response and reimbursement account in the 86.32 remediation fund established insectionsections 115B.49 and 86.33 116.155. 86.34 Sec. 33. Minnesota Statutes 2002, section 115B.49, 86.35 subdivision 1, is amended to read: 86.36 Subdivision 1. [ESTABLISHMENT.] The dry cleaner 87.1 environmental response and reimbursement account is established 87.2 as an account in thestate treasuryremediation fund. 87.3 Sec. 34. Minnesota Statutes 2002, section 115B.49, 87.4 subdivision 3, is amended to read: 87.5 Subd. 3. [EXPENDITURES.] (a) Money in the account mayonly87.6 be used: 87.7 (1) for environmental response costs incurred by the 87.8 commissioner under section 115B.50, subdivision 1; 87.9 (2) for reimbursement of amounts spent by the commissioner 87.10 from theenvironmental response, compensation, and compliance87.11accountremediation fund for expenses described in clause (1); 87.12 (3) for reimbursements under section 115B.50, subdivision 87.13 2; and 87.14 (4) for administrative costs of the commissioner of revenue. 87.15 (b) Money in the account is appropriated to the 87.16 commissioner for the purposes of this subdivision. The 87.17 commissioner shall transfer funds to the commissioner of revenue 87.18 sufficient to cover administrative costs pursuant to paragraph 87.19 (a), clause (4). 87.20 Sec. 35. Minnesota Statutes 2002, section 115B.49, 87.21 subdivision 4, is amended to read: 87.22 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 87.23 of a dry cleaning facility shall register on or before October 1 87.24 of each year with the commissioner of revenue in a manner 87.25 prescribed by the commissioner of revenue and pay a registration 87.26 fee for the facility. The amount of the fee is: 87.27 (1) $500, for facilities with a full-time equivalence of 87.28 fewer than five; 87.29 (2) $1,000, for facilities with a full-time equivalence of 87.30 five to ten; and 87.31 (3) $1,500, for facilities with a full-time equivalence of 87.32 more than ten. 87.33 (b) A person who sells dry cleaning solvents for use by dry 87.34 cleaning facilities in the state shall collect and remit to the 87.35 commissioner of revenue in a manner prescribed by the 87.36 commissioner of revenue, on or before the 20th day of the month 88.1 following the month in which the sales of dry cleaning solvents 88.2 are made, a fee of: 88.3 (1) $3.50 for each gallon of perchloroethylene sold for use 88.4 by dry cleaning facilities in the state; 88.5 (2) 70 cents for each gallon of hydrocarbon-based dry 88.6 cleaning solvent sold for use by dry cleaning facilities in the 88.7 state; and 88.8 (3) 35 cents for each gallon of other nonaqueous solvents 88.9 sold for use by dry cleaning facilities in the state. 88.10 (c) To enforce this subdivision, the commissioner of 88.11 revenue may examine documents, assess and collect fees, conduct 88.12 investigations, issue subpoenas, grant extensions to file 88.13 returns and pay fees, impose penalties and interest on the 88.14 annual registration fee under paragraph (a) and the monthly fee 88.15 under paragraph (b), abate penalties and interest, and 88.16 administer appeals, in the manner provided in chapters 270 and 88.17 289A. The penalties and interest imposed on taxes under chapter 88.18 297A apply to the fees imposed under this subdivision. 88.19 Disclosure of data collected by the commissioner of revenue 88.20 under this subdivision is governed by chapter 270B. 88.21 (d) The fees under this subdivision are exempt from section 88.22 16A.1285. 88.23 Sec. 36. Minnesota Statutes 2002, section 115D.12, 88.24 subdivision 2, is amended to read: 88.25 Subd. 2. [FEES.] (a) Persons required by United States 88.26 Code, title 42, section 11023, to submit a toxic chemical 88.27 release form to the commission, and owners or operators of 88.28 facilities listed in section 299K.08, subdivision 3, shall pay a 88.29 pollution prevention fee of $150 for each toxic pollutant 88.30 reported released plus a fee based on the total pounds of toxic 88.31 pollutants reported as released from each facility. Facilities 88.32 reporting less than 25,000 pounds annually of toxic pollutants 88.33 released per facility shall be assessed a fee of $500. 88.34 Facilities reporting annual releases of toxic pollutants in 88.35 excess of 25,000 pounds shall be assessed a graduated fee at the 88.36 rate of two cents per pound of toxic pollutants reported. 89.1 (b) Persons who generate more than 1,000 kilograms of 89.2 hazardous waste per month but who are not subject to the fee 89.3 under paragraph (a) must pay a pollution prevention fee of $500 89.4 per facility. Hazardous waste as used in this paragraph has the 89.5 meaning given it in section 116.06, subdivision 11, and 89.6 Minnesota Rules, chapter 7045. 89.7 (c) Fees required under this subdivision must be paid to 89.8 the director by January 1 of each year. The fees shall be 89.9 deposited in the state treasury and credited to the 89.10 environmental fund. 89.11 (d) The fees under this subdivision are exempt from section 89.12 16A.1285. 89.13 Sec. 37. Minnesota Statutes 2002, section 116.03, 89.14 subdivision 2, is amended to read: 89.15 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 89.16 organize the agency and employ such assistants and other 89.17 officers, employees and agents as the commissioner may deem 89.18 necessary to discharge the functions of the commissioner's 89.19 office, define the duties of such officers, employees and 89.20 agents, and delegate to them any of the commissioner's powers, 89.21 duties, and responsibilities, subject to the commissioner's 89.22 control and under such conditions as the commissioner may 89.23 prescribe. The commissioner may also contract with, and enter 89.24 into grant agreements with, persons, firms, corporations, the 89.25 federal government and any agency or instrumentality thereof, 89.26 the water research center of the University of Minnesota or any 89.27 other instrumentality of such university, for doing any of the 89.28 work of the commissioner's office, and. None of the provisions 89.29 of chapter 16C, relating to bids, shall apply to such contracts. 89.30 Sec. 38. Minnesota Statutes 2002, section 116.07, 89.31 subdivision 4d, is amended to read: 89.32 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 89.33 fees in amounts not greater than those necessary to cover the 89.34 reasonable costs of developing, reviewing, and acting upon 89.35 applications for agency permits and implementing and enforcing 89.36 the conditions of the permits pursuant to agency rules. Permit 90.1 fees shall not include the costs of litigation. The fee 90.2 schedule must reflect reasonable and routine direct and indirect 90.3 costs associated with permitting, implementation, and 90.4 enforcementcosts. The agency may impose an additional 90.5 enforcement fee to be collected for a period of up to two years 90.6 to cover the reasonable costs of implementing and enforcing the 90.7 conditions of a permit under the rules of the agency. Any money 90.8 collected under this paragraph shall be deposited in the 90.9 environmental fund. 90.10 (b) Notwithstanding paragraph (a),and section 16A.1285,90.11subdivision 2,the agency shall collect an annual fee from the 90.12 owner or operator of all stationary sources, emission 90.13 facilities, emissions units, air contaminant treatment 90.14 facilities, treatment facilities, potential air contaminant 90.15 storage facilities, or storage facilities subject to the 90.16 requirement to obtain a permit under subchapter V of the federal 90.17 Clean Air Act, United States Code, title 42, section 7401 et 90.18 seq., or section 116.081. The annual fee shall be used to pay 90.19 for all direct and indirect reasonable costs, including attorney 90.20 general costs, required to develop and administer the permit 90.21 program requirements of subchapter V of the federal Clean Air 90.22 Act, United States Code, title 42, section 7401 et seq., and 90.23 sections of this chapter and the rules adopted under this 90.24 chapter related to air contamination and noise. Those costs 90.25 include the reasonable costs of reviewing and acting upon an 90.26 application for a permit; implementing and enforcing statutes, 90.27 rules, and the terms and conditions of a permit; emissions, 90.28 ambient, and deposition monitoring; preparing generally 90.29 applicable regulations; responding to federal guidance; 90.30 modeling, analyses, and demonstrations; preparing inventories 90.31 and tracking emissions; and providing information to the public 90.32 about these activities. 90.33 (c) The agency shall set fees that: 90.34 (1) will result in the collection, in the aggregate, from 90.35 the sources listed in paragraph (b), of an amount not less than 90.36 $25 per ton of each volatile organic compound; pollutant 91.1 regulated under United States Code, title 42, section 7411 or 91.2 7412 (section 111 or 112 of the federal Clean Air Act); and each 91.3 pollutant, except carbon monoxide, for which a national primary 91.4 ambient air quality standard has been promulgated; 91.5 (2) may result in the collection, in the aggregate, from 91.6 the sources listed in paragraph (b), of an amount not less than 91.7 $25 per ton of each pollutant not listed in clause (1) that is 91.8 regulated under this chapter or air quality rules adopted under 91.9 this chapter; and 91.10 (3) shall collect, in the aggregate, from the sources 91.11 listed in paragraph (b), the amount needed to match grant funds 91.12 received by the state under United States Code, title 42, 91.13 section 7405 (section 105 of the federal Clean Air Act). 91.14 The agency must not include in the calculation of the aggregate 91.15 amount to be collected under clauses (1) and (2) any amount in 91.16 excess of 4,000 tons per year of each air pollutant from a 91.17 source. The increase in air permit fees to match federal grant 91.18 funds shall be a surcharge on existing fees. The commissioner 91.19 may not collect the surcharge after the grant funds become 91.20 unavailable. In addition, the commissioner shall use nonfee 91.21 funds to the extent practical to match the grant funds so that 91.22 the fee surcharge is minimized. 91.23 (d) To cover the reasonable costs described in paragraph 91.24 (b), the agency shall provide in the rules promulgated under 91.25 paragraph (c) for an increase in the fee collected in each year 91.26 by the percentage, if any, by which the Consumer Price Index for 91.27 the most recent calendar year ending before the beginning of the 91.28 year the fee is collected exceeds the Consumer Price Index for 91.29 the calendar year 1989. For purposes of this paragraph the 91.30 Consumer Price Index for any calendar year is the average of the 91.31 Consumer Price Index for all-urban consumers published by the 91.32 United States Department of Labor, as of the close of the 91.33 12-month period ending on August 31 of each calendar year. The 91.34 revision of the Consumer Price Index that is most consistent 91.35 with the Consumer Price Index for calendar year 1989 shall be 91.36 used. 92.1 (e) Any money collected under paragraphs (b) to (d) must be 92.2 deposited inan air quality account inthe environmental fund 92.3 and must be used solely for the activities listed in paragraph 92.4 (b). 92.5 (f) Persons who wish to construct or expand a facility may 92.6 offer to reimburse the agency for the costs of staff overtime or 92.7 consultant services needed to expedite permit review. The 92.8 reimbursement shall be in addition to fees imposed by lawor92.9rule. When the agency determines that it needs additional 92.10 resources to review the permit application in an expedited 92.11 manner, and that expediting the review would not disrupt 92.12 permitting program priorities, the agency may accept the 92.13 reimbursement. Reimbursements accepted by the agency are 92.14 appropriated to the agency for the purpose of reviewing the 92.15 permit application. Reimbursement by a permit applicant shall 92.16 precede and not be contingent upon issuance of a permit and 92.17 shall not affect the agency's decision on whether to issue or 92.18 deny a permit, what conditions are included in a permit, or the 92.19 application of state and federal statutes and rules governing 92.20 permit determinations. 92.21 (g) The fees under this subdivision are exempt from section 92.22 16A.1285. 92.23 Sec. 39. Minnesota Statutes 2002, section 116.07, 92.24 subdivision 4h, is amended to read: 92.25 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 92.26 shall adopt rules requiring the operator or owner of a solid 92.27 waste disposal facility to submit to the agency proof of the 92.28 operator's or owner's financial capability to provide reasonable 92.29 and necessary response during the operating life of the facility 92.30 and for 30 years after closure for a mixed municipal solid waste 92.31 disposal facility or for a minimum of 20 years after closure, as 92.32 determined by agency rules, for any other solid waste disposal 92.33 facility, and to provide for the closure of the facility and 92.34 postclosure care required under agency rules. Proof of 92.35 financial responsibility is required of the operator or owner of 92.36 a facility receiving an original permit or a permit for 93.1 expansion after adoption of the rules. Within 180 days of the 93.2 effective date of the rules or by July 1, 1987, whichever is 93.3 later, proof of financial responsibility is required of an 93.4 operator or owner of a facility with a remaining capacity of 93.5 more than five years or 500,000 cubic yards that is in operation 93.6 at the time the rules are adopted. Compliance with the rules 93.7 and the requirements of paragraph (b) is a condition of 93.8 obtaining or retaining a permit to operate the facility. 93.9 (b) A municipality, as defined in section 475.51, 93.10 subdivision 2, including a sanitary district, that owns or 93.11 operates a solid waste disposal facility that was in operation 93.12 on May 15, 1989, may meet its financial responsibility for all 93.13 or a portion of the contingency action portion of the reasonable 93.14 and necessary response costs at the facility by pledging its 93.15 full faith and credit to meet its responsibility. 93.16 The pledge must be made in accordance with the requirements 93.17 in chapter 475 for issuing bonds of the municipality, and the 93.18 following additional requirements: 93.19 (1) The governing body of the municipality shall enact an 93.20 ordinance that clearly accepts responsibility for the costs of 93.21 contingency action at the facility and that reserves, during the 93.22 operating life of the facility and for the time period required 93.23 in paragraph (a) after closure, a portion of the debt limit of 93.24 the municipality, as established under section 475.53 or other 93.25 law, that is equal to the total contingency action costs. 93.26 (2) The municipality shall require that all collectors that 93.27 haul to the facility implement a plan for reducing solid waste 93.28 by using volume-based pricing, recycling incentives, or other 93.29 means. 93.30 (3) When a municipality opts to meet a portion of its 93.31 financial responsibility by relying on its authority to issue 93.32 bonds, it shall also begin setting aside in a dedicated 93.33 long-term care trust fund money that will cover a portion of the 93.34 potential contingency action costs at the facility, the amount 93.35 to be determined by the agency for each facility based on at 93.36 least the amount of waste deposited in the disposal facility 94.1 each year, and the likelihood and potential timing of conditions 94.2 arising at the facility that will necessitate response action. 94.3 The agency may not require a municipality to set aside more than 94.4 five percent of the total cost in a single year. 94.5 (4) A municipality shall have and consistently maintain an 94.6 investment grade bond rating as a condition of using bonding 94.7 authority to meet financial responsibility under this section. 94.8 (5) The municipality shall file with the commissioner of 94.9 revenue its consent to have the amount of its contingency action 94.10 costs deducted from state aid payments otherwise due the 94.11 municipality and paid instead to theenvironmental response,94.12compensation, and compliance accountremediation fund created in 94.13 section115B.20116.155, if the municipality fails to conduct 94.14 the contingency action at the facility when ordered by the 94.15 agency. If the agency notifies the commissioner that the 94.16 municipality has failed to conduct contingency action when 94.17 ordered by the agency, the commissioner shall deduct the amounts 94.18 indicated by the agency from the state aids in accordance with 94.19 the consent filed with the commissioner. 94.20 (6) The municipality shall file with the agency written 94.21 proof that it has complied with the requirements of paragraph 94.22 (b). 94.23 (c) The method for proving financial responsibility under 94.24 paragraph (b) may not be applied to a new solid waste disposal 94.25 facility or to expansion of an existing facility, unless the 94.26 expansion is a vertical expansion. Vertical expansions of 94.27 qualifying existing facilities cannot be permitted for a 94.28 duration of longer than three years. 94.29 Sec. 40. [116.155] [REMEDIATION FUND.] 94.30 Subdivision 1. [CREATION.] The remediation fund is created 94.31 as a special revenue fund in the state treasury to provide a 94.32 reliable source of public money for response and corrective 94.33 actions to address releases of hazardous substances, pollutants 94.34 or contaminants, agricultural chemicals, and petroleum, and for 94.35 environmental response actions at qualified landfill facilities 94.36 for which the agency has assumed such responsibility, including 95.1 perpetual care of such facilities. The specific purposes for 95.2 which the general portion of the fund may be spent are provided 95.3 in subdivision 2. In addition to the general portion of the 95.4 fund, the fund contains two accounts described in subdivisions 4 95.5 and 5. 95.6 Subd. 2. [APPROPRIATION.] (a) Money in the general portion 95.7 of the remediation fund is appropriated to the agency and the 95.8 commissioners of agriculture and natural resources for the 95.9 following purposes: 95.10 (1) to take actions related to releases of hazardous 95.11 substances, or pollutants or contaminants as provided in section 95.12 115B.20; 95.13 (2) to take actions related to releases of hazardous 95.14 substances, or pollutants or contaminants, at and from qualified 95.15 landfill facilities as provided in section 115B.42, subdivision 95.16 2; 95.17 (3) to provide technical and other assistance under 95.18 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 95.19 115C.03, subdivision 9; 95.20 (4) for corrective actions to address incidents involving 95.21 agricultural chemicals, including related administrative, 95.22 enforcement, and cost recovery actions pursuant to chapter 18D; 95.23 and 95.24 (5) together with any amount approved for transfer to the 95.25 agency from the petroleum tank fund by the commissioner of 95.26 finance, to take actions related to releases of petroleum as 95.27 provided under section 115C.08. 95.28 (b) The commissioner of finance shall allocate the amounts 95.29 available in any biennium to the agency, and the commissioners 95.30 of agriculture and natural resources for the purposes provided 95.31 in this subdivision based upon work plans submitted by the 95.32 agency and the commissioners of agriculture and natural 95.33 resources, and may adjust those allocations upon submittal of 95.34 revised work plans. Copies of the work plans shall be submitted 95.35 to the chairs of the environment and environment finance 95.36 committees of the senate and house of representatives. 96.1 Subd. 3. [REVENUES.] The following revenues shall be 96.2 deposited in the general portion of the remediation fund: 96.3 (1) response costs and natural resource damages related to 96.4 releases of hazardous substances, or pollutants or contaminants, 96.5 recovered under sections 115B.17, subdivisions 6 and 7, 96.6 115B.443, 115B.444, or any other law; 96.7 (2) money paid to the agency or the agriculture department 96.8 by voluntary parties who have received technical or other 96.9 assistance under sections 115B.17, subdivision 14, 115B.175 to 96.10 115B.179, and 115C.03, subdivision 9; 96.11 (3) money received in the form of gifts, grants, 96.12 reimbursement, or appropriation from any source for any of the 96.13 purposes provided in subdivision 2, except federal grants; and 96.14 (4) interest accrued on the fund. 96.15 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 96.16 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 96.17 and reimbursement account is as described in sections 115B.47 to 96.18 115B.51. 96.19 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 96.20 ACCOUNT.] The metropolitan landfill contingency action trust 96.21 account is as described in section 473.845. 96.22 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund 96.23 shall also be supported by transfers as may be authorized by the 96.24 legislature from time to time from the environmental fund. 96.25 Sec. 41. Minnesota Statutes 2002, section 116.994, is 96.26 amended to read: 96.27 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 96.28ACCOUNTACCOUNTING.] 96.29The small business environmental improvement loan account96.30is established in the environmental fund.Repayments of loans 96.31 made under section 116.993 must be credited tothis accountthe 96.32 environmental fund.This account replaces the small business96.33environmental loan account in Minnesota Statutes 1996, section96.34116.992, and the hazardous waste generator loan account in96.35Minnesota Statutes 1996, section 115B.224. The account balances96.36and pending repayments from the small business environmental97.1loan account and the hazardous waste generator account will be97.2credited to this new account.Money deposited in theaccount97.3 fund under section 116.993 is appropriated to the commissioner 97.4 for loans underthissection 116.993. 97.5 Sec. 42. Minnesota Statutes 2002, section 116C.834, 97.6 subdivision 1, is amended to read: 97.7 Subdivision 1. [COSTS.] All costs incurred by the state to 97.8 carry out its responsibilities under the compact and under 97.9 sections 116C.833 to 116C.843 shall be paid by generators of 97.10 low-level radioactive waste in this state through fees assessed 97.11 by the pollution control agency. Fees may be reasonably 97.12 assessed on the basis of volume or degree of hazard of the waste 97.13 produced by a generator. Costs for which fees may be assessed 97.14 include, but are not limited to: 97.15 (1) the state contribution required to join the compact; 97.16 (2) the expenses of the Commission member and state agency 97.17 costs incurred to support the work of the Interstate Commission; 97.18 and 97.19 (3) regulatory costs. 97.20 The fees are exempt from section 16A.1285. 97.21 Sec. 43. Minnesota Statutes 2002, section 297H.13, 97.22 subdivision 1, is amended to read: 97.23 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived 97.24 from thetaxes imposed on waste management services97.25 environmental tax under this chapter, less the costs to the97.26department of revenue for administering the tax under this97.27chapter,shall be deposited by the commissioner of revenue in 97.28 the state treasury. 97.29The amounts retained by the department of revenue shall be97.30deposited in a separate revenue department fund which is hereby97.31created. Money in this fund is hereby appropriated, up to a97.32maximum annual amount of $200,000, to the commissioner of97.33revenue for the costs incurred in administration of the solid97.34waste management tax under this chapter.97.35 Sec. 44. Minnesota Statutes 2002, section 297H.13, 97.36 subdivision 2, is amended to read: 98.1 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 98.2 percent, whichever is greater, of the amounts remitted under 98.3 this chapter must be credited to thesolid wasteenvironmental 98.4 fund established in section115B.4216A.531, subdivision 1. 98.5 (b) The remainder must be deposited into the general fund. 98.6 Sec. 45. Minnesota Statutes 2002, section 325E.10, 98.7 subdivision 1, is amended to read: 98.8 Subdivision 1. [SCOPE.] For the purposes of sections 98.9 325E.11 to325E.113325E.112 and this section, the terms defined 98.10 in this section have the meanings given them. 98.11 Sec. 46. Minnesota Statutes 2002, section 469.175, 98.12 subdivision 7, is amended to read: 98.13 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 98.14 RESPONSE ACTIONS.] (a) An authority which is creating or has 98.15 created a tax increment financing district may establish within 98.16 the district a hazardous substance subdistrict upon the notice 98.17 and after the discussion, public hearing, and findings required 98.18 for approval of or modification to the original plan. The 98.19 geographic area of the subdistrict is made up of any parcels in 98.20 the district designated for inclusion by the municipality or 98.21 authority that are designated hazardous substance sites, and any 98.22 additional parcels in the district designated for inclusion that 98.23 are contiguous to the hazardous substance sites, including 98.24 parcels that are contiguous to the site except for the 98.25 interposition of a right-of-way. Before or at the time of 98.26 approval of the tax increment financing plan or plan 98.27 modification providing for the creation of the hazardous 98.28 substance subdistrict, the authority must make the findings 98.29 under paragraphs (b) to (d), and set forth in writing the 98.30 reasons and supporting facts for each. 98.31 (b) Development or redevelopment of the site, in the 98.32 opinion of the authority, would not reasonably be expected to 98.33 occur solely through private investment and tax increment 98.34 otherwise available, and therefore the hazardous substance 98.35 district is deemed necessary. 98.36 (c) Other parcels that are not designated hazardous 99.1 substance sites are expected to be developed together with a 99.2 designated hazardous substance site. 99.3 (d) The subdistrict is not larger than, and the period of 99.4 time during which increments are elected to be received is not 99.5 longer than, that which is necessary in the opinion of the 99.6 authority to provide for the additional costs due to the 99.7 designated hazardous substance site. 99.8 (e) Upon request by an authority that has incurred expenses 99.9 for removal or remedial actions to implement a development 99.10 response action plan, the attorney general may: 99.11 (1) bring a civil action on behalf of the authority to 99.12 recover the expenses, including administrative costs and 99.13 litigation expenses, under section 115B.04 or other law; or 99.14 (2) assist the authority in bringing an action as described 99.15 in clause (1), by providing legal and technical advice, 99.16 intervening in the action, or other appropriate assistance. 99.17 The decision to participate in any action to recover expenses is 99.18 at the discretion of the attorney general. 99.19 (f) If the attorney general brings an action as provided in 99.20 paragraph (e), clause (1), the authority shall certify its 99.21 reasonable and necessary expenses incurred to implement the 99.22 development response action plan and shall cooperate with the 99.23 attorney general as required to effectively pursue the action. 99.24 The certification by the authority is prima facie evidence that 99.25 the expenses are reasonable and necessary. The attorney general 99.26 may deduct litigation expenses incurred by the attorney general 99.27 from any amounts recovered in an action brought under paragraph 99.28 (e), clause (1). The authority shall reimburse the attorney 99.29 general for litigation expenses not recovered in an action under 99.30 paragraph (e), clause (1), but only from the additional tax 99.31 increment required to be used as described in section 469.176, 99.32 subdivision 4e. The authority must reimburse the attorney 99.33 general for litigation expenses incurred to assist in bringing 99.34 an action under paragraph (e), clause (2), but only from amounts 99.35 recovered by the authority in an action or, if the amounts are 99.36 insufficient, from the additional tax increment required to be 100.1 used as described in section 469.176, subdivision 4e. All money 100.2 recovered or paid to the attorney general for litigation 100.3 expenses under this paragraph shall be paid to the general fund 100.4 of the state for deposit to the account of the attorney 100.5 general. For the purposes of this section, "litigation 100.6 expenses" means attorney fees and costs of discovery and other 100.7 preparation for litigation. 100.8 (g) The authority shall reimburse the pollution control 100.9 agency for its administrative expenses incurred to review and 100.10 approve a development action response plan. The authority must 100.11 reimburse the pollution control agency for expenses incurred for 100.12 any services rendered to the attorney general to support the 100.13 attorney general in actions brought or assistance provided under 100.14 paragraph (e), but only from amounts recovered by the authority 100.15 in an action brought under paragraph (e) or from the additional 100.16 tax increment required to be used as described in section 100.17 469.176, subdivision 4e. All money paid to the pollution 100.18 control agency under this paragraph shall be deposited in the 100.19environmental response, compensation and complianceremediation 100.20 fund. 100.21 (h) Actions taken by an authority consistent with a 100.22 development response action plan are deemed to be authorized 100.23 response actions for the purpose of section 115B.17, subdivision 100.24 12. An authority that takes actions consistent with a 100.25 development response action plan qualifies for the defenses 100.26 available under sections 115B.04, subdivision 11, and 115B.05, 100.27 subdivision 9. 100.28 (i) All money recovered by an authority in an action 100.29 brought under paragraph (e) in excess of the amounts paid to the 100.30 attorney general and the pollution control agency must be 100.31 treated as excess increments and be distributed as provided in 100.32 section 469.176, subdivision 2, clause (4), to the extent the 100.33 removal and remedial actions were initially financed with 100.34 increment revenues. 100.35 Sec. 47. Minnesota Statutes 2002, section 473.843, 100.36 subdivision 2, is amended to read: 101.1 Subd. 2. [DISPOSITION OF PROCEEDS.]After reimbursement to101.2the department of revenue for costs incurred in administering101.3this section,The proceeds of the fees imposed under this 101.4 section, including interest and penalties, must be deposited as 101.5 follows: 101.6 (1) three-fourths of the proceeds must be deposited in the 101.7 environmental fund for metropolitan landfill abatementaccount101.8establishedfor the purposes described in section 473.844; and 101.9 (2) one-fourth of the proceeds must be deposited in the 101.10 metropolitan landfill contingency action trust account in the 101.11 remediation fund established insectionsections 116.155 and 101.12 473.845. 101.13 Sec. 48. Minnesota Statutes 2002, section 473.844, 101.14 subdivision 1, is amended to read: 101.15 Subdivision 1. [ESTABLISHMENT;PURPOSES.] Themetropolitan101.16landfill abatement account ismoney in the environmental fundin101.17orderfor landfill abatement must be used to reduce to the 101.18 greatest extent feasible and prudent the need for and practice 101.19 of land disposal of mixed municipal solid waste in the 101.20 metropolitan area.The accountThis money consists of revenue 101.21 deposited in theaccountenvironmental fund under section 101.22 473.843, subdivision 2, clause (1), and interest earned on 101.23 investment of this moneyin the account. All repayments to 101.24 loans made under this section must be credited to the 101.25accountenvironmental fund. The landfill abatement money in the 101.26accountenvironmental fund may be spent only for purposes of 101.27 metropolitan landfill abatement as provided in subdivision 1a 101.28 and only upon appropriation by the legislature. 101.29 Sec. 49. Minnesota Statutes 2002, section 473.845, 101.30 subdivision 1, is amended to read: 101.31 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 101.32 contingency action trustfundaccount is an expendable trust 101.33fundaccount in thestate treasuryremediation fund. Thefund101.34 account consists of revenue deposited in the fund under section 101.35 473.843, subdivision 2, clause (2); amounts recovered under 101.36 subdivision 7; and interest earned on investment of money in the 102.1 fund. 102.2 Sec. 50. Minnesota Statutes 2002, section 473.845, 102.3 subdivision 3, is amended to read: 102.4 Subd. 3. [EXPENDITURES FROM THE FUNDCONTINGENCY ACTIONS 102.5 AND REIMBURSEMENT.] Money in thefundaccount is appropriated to 102.6 the agency for expenditure for any of the following: 102.7 (1) to take reasonable and necessaryexpensesactions for 102.8 closure and postclosure care of a mixed municipal solid waste 102.9 disposal facility in the metropolitan area for a 30-year period 102.10 after closure, if the agency determines that the operator or 102.11 owner will not take the necessary actions requested by the 102.12 agency for closure and postclosure in the manner and within the 102.13 time requested; 102.14 (2) to take reasonable and necessary response actions and 102.15 postclosurecostscare actions at a mixed municipal solid waste 102.16 disposal facility in the metropolitan area that has been closed 102.17 for 30 years in compliance with the closure and postclosure 102.18 rules of the agency; 102.19 (3)reimbursementto reimburse a local government unit for 102.20 costs incurred over $400,000 under a work plan approved by the 102.21 commissioner of the agency to remediate methane at a closed 102.22 disposal facility owned by the local government unit; or 102.23 (4) reasonable and necessary response costs at an 102.24 unpermitted facility for mixed municipal solid waste disposal in 102.25 the metropolitan area that was permitted by the agency for 102.26 disposal of sludge ash from a wastewater treatment facility. 102.27 Sec. 51. Minnesota Statutes 2002, section 473.845, 102.28 subdivision 7, is amended to read: 102.29 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs 102.30 expenses for response actions at a facility, the agency is 102.31 subrogated to any right of action which the operator or owner of 102.32 the facility may have against any other person for the recovery 102.33 of the expenses. The attorney general may bring an action to 102.34 recover amounts spent by the agency under this section from 102.35 persons who may be liable for them. Amounts recovered, 102.36 including money paid under any agreement, stipulation, or 103.1 settlement must be deposited in the metropolitan landfill 103.2 contingency action account in the remediation fund created under 103.3 section 116.155. 103.4 Sec. 52. Minnesota Statutes 2002, section 473.845, 103.5 subdivision 8, is amended to read: 103.6 Subd. 8. [CIVIL PENALTIES.] The civil penalties of 103.7 sections 115.071 and 116.072 apply to any person in violation of 103.8 this section.All money recovered by the state under any103.9statute or rule related to the regulation of solid waste in the103.10metropolitan area, including civil penalties and money paid103.11under any agreement, stipulation, or settlement, shall be103.12deposited in the fund.103.13 Sec. 53. Minnesota Statutes 2002, section 473.846, is 103.14 amended to read: 103.15 473.846 [REPORT TO LEGISLATURE.] 103.16 The agency and the director shall submit to the senate 103.17 finance committee, the house ways and means committee, and the 103.18 environment and natural resources committees of the senate and 103.19 house of representatives, the finance division of the senate 103.20 committee on environment and natural resources, and the house of 103.21 representatives committee on environment and natural resources 103.22 finance separate reports describing the activities for which 103.23 moneyfrom thefor landfill abatementaccount and contingency103.24action trust fundhas been spent under sections 473.844 and 103.25 473.845. The agency shall report by November 1 of each year on 103.26 expenditures during its previous fiscal year. The director 103.27 shall report on expenditures during the previous calendar year 103.28 and must incorporate its report in the report required by 103.29 section 115A.411, due July 1 of each odd-numbered year. The 103.30 director shall make recommendations to the environment and 103.31 natural resources committees of the senate and house of 103.32 representatives, the finance division of the senate committee on 103.33 environment and natural resources, and the house of 103.34 representatives committee on environment and natural resources 103.35 finance on the future management and use of the metropolitan 103.36 landfill abatement account. 104.1 Sec. 54. [INCREASE TO WATER QUALITY PERMIT FEES.] 104.2 (a) The pollution control agency shall collect water 104.3 quality permit fees that reflect the fee in Minnesota Rules, 104.4 part 7002.0310, and Laws 2002, chapter 220, article 8, section 104.5 15, paragraph (b), increased from $240 to $1,000. 104.6 (b) The increased permit fee is effective July 1, 2003. 104.7 The agency shall adopt amended water quality permit fee rules 104.8 incorporating the permit fee increase in paragraph (a) under 104.9 Minnesota Statutes, section 14.389. The pollution control 104.10 agency shall begin collecting the increased permit fee on July 104.11 1, 2003, even if the rule adoption process has not been 104.12 initiated or completed. Notwithstanding Minnesota Statutes, 104.13 section 14.18, subdivision 2, the increased permit fee 104.14 reflecting the permit fee increase in paragraph (a) and the rule 104.15 amendments incorporating that permit fee increase do not require 104.16 further legislative approval. 104.17 [EFFECTIVE DATE.] This section is effective the day 104.18 following final enactment. 104.19 Sec. 55. [INCREASE TO HAZARDOUS WASTE FEES.] 104.20 (a) The pollution control agency shall collect hazardous 104.21 waste fees that reflect the fee formula in Minnesota Rules, part 104.22 7046.0060, increased by an addition of $2,000,000 to the 104.23 adjusted fiscal year target described in Step 2 of Minnesota 104.24 Rules, part 7046.0060. 104.25 (b) The increased fees are effective January 1, 2004. The 104.26 agency shall adopt an amended hazardous waste fee formula 104.27 incorporating the increase in paragraph (a) under Minnesota 104.28 Statutes, section 14.389. The pollution control agency shall 104.29 begin collecting the increased permit fees on January 1, 2004, 104.30 even if the rule adoption process has not been initiated or 104.31 completed. Notwithstanding Minnesota Statutes, section 14.18, 104.32 subdivision 2, the increased fees reflecting the fee increases 104.33 in paragraph (a) and the rule amendments incorporating those 104.34 permit fee increases do not require further legislative approval. 104.35 [EFFECTIVE DATE.] This section is effective the day 104.36 following final enactment. 105.1 Sec. 56. [TRANSFER OF FUND BALANCES.] 105.2 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 105.3 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 105.4 response, compensation, and compliance account are transferred 105.5 to the remediation fund created under Minnesota Statutes, 105.6 section 116.155. 105.7 Subd. 2. [SOLID WASTE FUND.] $....... of the balance of 105.8 the solid waste fund is transferred to the environmental fund 105.9 created in Minnesota Statutes, section 16A.531, subdivision 1. 105.10 Any remaining balance in the solid waste fund is transferred to 105.11 the remediation fund created under Minnesota Statutes, section 105.12 116.155. 105.13 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 105.14 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 105.15 environmental response and reimbursement account are transferred 105.16 to the dry cleaner environmental response and reimbursement 105.17 account in the remediation fund created under Minnesota 105.18 Statutes, sections 115B.49 and 116.155. 105.19 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION 105.20 FUND.] All amounts remaining in the metropolitan landfill 105.21 contingency action fund are transferred to the metropolitan 105.22 landfill contingency action trust account in the remediation 105.23 fund created under Minnesota Statutes, sections 116.155 and 105.24 473.845. 105.25 Sec. 57. [INSTRUCTION TO REVISOR.] 105.26 The revisor of statutes shall change the name of the "solid 105.27 waste management tax" created under Minnesota Statutes, chapter 105.28 297H, to the "environmental tax" in Minnesota Statutes and 105.29 Minnesota Rules. 105.30 Sec. 58. [REPEALER.] 105.31 Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 105.32 115B.19; 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 105.33 325E.112, subdivisions 2 and 3; 325E.113; and 473.845, 105.34 subdivision 4, are repealed. 105.35 Sec. 59. [EFFECTIVE DATE.] 105.36 Except as otherwise provided, this article is effective 106.1 July 1, 2003.