Minnesota Legislature
HF 779
2nd Engrossment - 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; 17.4988; 1.9 84.027, subdivision 13; 84.029, subdivision 1; 84.085, 1.10 subdivision 1; 84.091, subdivisions 2, 3; 84.0911; 1.11 84.415, subdivisions 4, 5, by adding subdivisions; 1.12 84.788, subdivisions 2, 3; 84.794, subdivision 2; 1.13 84.803, subdivision 2; 84.92, subdivision 8; 84.927, 1.14 subdivision 2; 84A.02; 84A.21; 84A.32, subdivision 1; 1.15 84A.55, subdivision 8; 84D.14; 85.04; 85.052, 1.16 subdivision 3; 85.053, subdivision 1; 85.055, 1.17 subdivision 1; 85A.02, subdivision 17; 88.17, 1.18 subdivision 1, by adding a subdivision; 97A.015, 1.19 subdivisions 24, 52; 97A.045, subdivision 7, by adding 1.20 a subdivision; 97A.071, subdivision 2; 97A.075, 1.21 subdivisions 1, 2, 4, by adding a subdivision; 1.22 97A.105, subdivision 1; 97A.401, subdivision 3; 1.23 97A.411, subdivision 2; 97A.441, subdivision 7, by 1.24 adding a subdivision; 97A.475, subdivisions 2, 3, 4, 1.25 5, 10, 15, 26, 27, 28, 29, 30, 38, 39, 40, 42, by 1.26 adding a subdivision; 97A.505, by adding subdivisions; 1.27 97B.311; 103B.231, subdivision 3a; 103B.305, 1.28 subdivision 3, by adding subdivisions; 103B.311, 1.29 subdivisions 1, 2, 3, 4; 103B.315, subdivisions 4, 5, 1.30 6; 103B.321, subdivisions 1, 2; 103B.325, subdivisions 1.31 1, 2; 103B.331, subdivisions 1, 2, 3; 103B.3363, 1.32 subdivision 3; 103B.3369, subdivisions 2, 4, 5, 6; 1.33 103B.355; 103D.341, subdivision 2; 103D.345, by adding 1.34 a subdivision; 103D.405, subdivision 2; 103D.537; 1.35 103G.005, subdivision 10e; 103G.222, subdivision 1; 1.36 103G.2242, by adding subdivisions; 103G.271, 1.37 subdivisions 6, 6a, by adding a subdivision; 103G.611, 1.38 subdivision 1; 103G.615, subdivision 2; 115.03, by 1.39 adding subdivisions; 115.073; 115.56, subdivision 4; 1.40 115A.0716, subdivision 3; 115A.54, by adding a 1.41 subdivision; 115A.545, subdivision 2; 115A.908, 1.42 subdivision 2; 115A.9651, subdivision 6; 115B.17, 1.43 subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 115B.22, 1.44 subdivision 7; 115B.25, subdivisions 1a, 4; 115B.26; 1.45 115B.30; 115B.31, subdivisions 1, 3, 4; 115B.32, 1.46 subdivision 1; 115B.33, subdivision 1; 115B.34; 2.1 115B.36; 115B.40, subdivision 4; 115B.41, subdivisions 2.2 1, 2, 3; 115B.42, subdivision 2; 115B.421; 115B.445; 2.3 115B.48, subdivision 2; 115B.49, subdivisions 1, 3; 2.4 115C.02, subdivision 14; 115C.08, subdivision 4; 2.5 115C.09, subdivision 3, by adding subdivisions; 2.6 115C.11, subdivision 1; 115C.13; 115D.12, subdivision 2.7 2; 116.03, subdivision 2; 116.07, subdivisions 4d, 4h; 2.8 116.073, subdivisions 1, 2; 116.46, by adding 2.9 subdivisions; 116.49, by adding subdivisions; 116.50; 2.10 116.994; 116C.834, subdivision 1; 116P.02, subdivision 2.11 1; 116P.05, subdivision 2; 116P.09, subdivisions 4, 5, 2.12 7; 116P.10; 116P.14, subdivisions 1, 2; 297A.94; 2.13 297F.10, subdivision 1; 297H.13, subdivisions 1, 2; 2.14 325E.10, subdivision 1; 469.175, subdivision 7; 2.15 473.843, subdivision 2; 473.844, subdivision 1; 2.16 473.845, subdivisions 1, 3, 7, 8; 473.846; proposing 2.17 coding for new law in Minnesota Statutes, chapters 84; 2.18 84B; 97B; 103B; 115C; 116; repealing Minnesota 2.19 Statutes 2002, sections 1.31; 1.32; 84.0887; 84.415, 2.20 subdivisions 1, 3; 84.98; 84.99; 93.2235; 97A.105, 2.21 subdivisions 3a, 3b; 97A.485, subdivision 12; 97B.731, 2.22 subdivision 2; 103B.311, subdivisions 5, 6, 7; 2.23 103B.315, subdivisions 1, 2, 3, 7; 103B.321, 2.24 subdivision 3; 103B.3369, subdivision 3; 115B.02, 2.25 subdivision 1a; 115B.42, subdivision 1; 297H.13, 2.26 subdivisions 3, 4; 325E.112, subdivisions 2, 3; 2.27 325E.113; 473.845, subdivision 4; Minnesota Rules, 2.28 parts 6135.0100; 6135.0200; 6135.0300; 6135.0400; 2.29 6135.0510; 6135.0610; 6135.0710; 6135.0810; 6135.1000; 2.30 6135.1100; 6135.1200; 6135.1300; 6135.1400; 6135.1500; 2.31 6135.1600; 6135.1700; 6135.1800; 9300.0010; 9300.0020; 2.32 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 2.33 9300.0080; 9300.0090; 9300.0100; 9300.0110; 9300.0120; 2.34 9300.0130; 9300.0140; 9300.0150; 9300.0160; 9300.0170; 2.35 9300.0180; 9300.0190; 9300.0200; and 9300.0210. 2.36 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.37 ARTICLE 1 2.38 GENERAL 2.39 Section 1. [ENVIRONMENT AND NATURAL RESOURCES.] 2.40 The sums shown in the columns marked "APPROPRIATIONS" are 2.41 appropriated from the general fund, or another named fund, to 2.42 the agencies and for the purposes specified in this act, to be 2.43 available for the fiscal years indicated for each purpose. The 2.44 figures "2003," "2004," and "2005," where used in this act, mean 2.45 that the appropriation or appropriations listed under them are 2.46 available for the year ending June 30, 2003, June 30, 2004, or 2.47 June 30, 2005, respectively. The term "the first year" means 2.48 the year ending June 30, 2004, and the term "the second year" 2.49 means the year ending June 30, 2005. 2.50 SUMMARY BY FUND 2.51 2003 2004 2005 TOTAL 2.52 General $135,894,000 $135,121,000 $271,015,000 2.53 State Government 3.1 Special Revenue 48,000 48,000 96,000 3.2 Environmental 42,776,000 42,822,000 85,598,000 3.3 Natural 3.4 Resources 50,536,000 48,596,000 99,132,000 3.5 Game and Fish 82,350,000 82,292,000 164,642,000 3.6 Remediation 11,504,000 11,504,000 23,008,000 3.7 Land and Water 3.8 Conservation Account 2,000,000 -0- 2,000,000 3.9 Great Lakes 3.10 Protection Account 56,000 -0- 56,000 3.11 Environment and Natural 3.12 Resources Trust Fund 15,050,000 15,050,000 30,100,000 3.13 Oil Overcharge 519,000 -0- 519,000 3.14 TOTAL $340,733,000 $335,433,000 $676,166,000 3.15 APPROPRIATIONS 3.16 Available for the Year 3.17 Ending June 30 3.18 2004 2005 3.19 Sec. 2. POLLUTION CONTROL 3.20 AGENCY 3.21 Subdivision 1. Total 3.22 Appropriation $52,463,000 $52,463,000 3.23 Summary by Fund 3.24 General 10,229,000 10,183,000 3.25 State Government 3.26 Special Revenue 48,000 48,000 3.27 Environmental 30,782,000 30,828,000 3.28 Remediation 11,404,000 11,404,000 3.29 The amounts that may be spent from this 3.30 appropriation for each program are 3.31 specified in the following subdivisions. 3.32 Subd. 2. Water 3.33 18,976,000 18,976,000 3.34 Summary by Fund 3.35 General 7,254,000 7,222,000 3.36 State Government 3.37 Special Revenue 48,000 48,000 3.38 Environmental 11,674,000 11,706,000 3.39 $2,348,000 the first year and 3.40 $2,348,000 the second year are for the 3.41 clean water partnership program. Any 3.42 balance remaining in the first year 3.43 does not cancel and is available for 3.44 the second year of the biennium. 3.45 $2,324,000 the first year and 4.1 $2,324,000 the second year are for 4.2 grants for county administration of the 4.3 feedlot permit program. These amounts 4.4 are transferred to the board of water 4.5 and soil resources for disbursement in 4.6 accordance with Minnesota Statutes, 4.7 section 103B.3369, in cooperation with 4.8 the pollution control agency. Grants 4.9 must be matched with a combination of 4.10 local cash and/or in-kind contributions. 4.11 Counties receiving these grants shall 4.12 submit an annual report to the 4.13 pollution control agency regarding 4.14 activities conducted under the grant, 4.15 expenditures made, and local match 4.16 contributions. Funding shall be given 4.17 to counties that have requested and 4.18 received delegation from the pollution 4.19 control agency for processing of animal 4.20 feedlot permit applications under 4.21 Minnesota Statutes, section 116.07, 4.22 subdivision 7. The first year, 4.23 delegated counties shall be eligible to 4.24 receive an amount of either: (1) $50 4.25 multiplied by the number of feedlots 4.26 with greater than ten animal units as 4.27 reported by the county in their annual 4.28 report for registration data developed 4.29 in accordance with Minnesota Rules, 4.30 part 7020.0350 or Minnesota Statutes, 4.31 section 116.072; or (2) $80 multiplied 4.32 by the number of feedlots with greater 4.33 than ten animal units as reported by 4.34 the county in their annual report and 4.35 determined by a level 2 or level 3 4.36 feedlot inventory conducted in 4.37 accordance with the Feedlot Inventory 4.38 Guidebook published by the board of 4.39 water and soil resources, dated June 4.40 1991. The second year, delegated 4.41 counties shall be eligible to receive 4.42 an amount of either: (1) $50 4.43 multiplied by the number of feedlots 4.44 with greater than ten animal units as 4.45 reported to the agency under the terms 4.46 of aggregate reporting as defined in 4.47 Minnesota Statutes, section 116.0712; 4.48 or (2) $80 multiplied by the number of 4.49 feedlots with greater than ten animal 4.50 units based on the agency's statewide 4.51 database for registration in accordance 4.52 with Minnesota Rules, part 7020.0350. 4.53 By June 30, 2004, the agency in 4.54 consultation with delegated counties, 4.55 shall develop a new funding formula 4.56 incorporating the following criteria at 4.57 a minimum: (i) fee multiplier per 4.58 feedlot as defined by the state 4.59 registration program (greater than 50 4.60 animal units in nonshoreland areas and 4.61 ten to 50 animal units in shoreland 4.62 areas), (ii) use of the state database 4.63 for determination of feedlots in item 4.64 (i), and (iii) incentive-based payments 4.65 for counties exceeding minimum program 4.66 requirements based on program 4.67 priorities. To be eligible for a 4.68 grant, a county must be delegated by 4.69 December 31 of the year prior to the 4.70 year in which awards are distributed. 4.71 At a minimum, delegated counties are 5.1 eligible to receive a grant of $7,500 5.2 per year. To receive the award, the 5.3 county must receive approval by the 5.4 pollution control agency of the county 5.5 feedlot work plan and annual county 5.6 feedlot officer report. Feedlots that 5.7 have been inactive for five or more 5.8 years may not be counted in determining 5.9 the amount of the grant. 5.10 Any money remaining after the first 5.11 year is available for the second year 5.12 and is available for distribution to 5.13 all counties on a competitive basis 5.14 through the challenge grant process for 5.15 the development of delegated county 5.16 feedlot programs or to enhance existing 5.17 delegated county feedlot programs, 5.18 information and education, or technical 5.19 assistance efforts to reduce 5.20 feedlot-related pollution hazards. 5.21 $335,000 the first year and $335,000 5.22 the second year are for community 5.23 technical assistance and education, 5.24 including grants and technical 5.25 assistance to communities for local and 5.26 basinwide water quality protection. 5.27 $205,000 the first year and $205,000 5.28 the second year are for individual 5.29 sewage treatment system (ISTS) 5.30 administration. Of this amount, 5.31 $86,000 in each year is transferred to 5.32 the board of water and soil resources 5.33 for assistance to local units of 5.34 government through competitive grant 5.35 programs for ISTS program development. 5.36 $200,000 the first year and $200,000 5.37 the second year are for individual 5.38 sewage treatment system grants. Any 5.39 unexpended balance in the first year 5.40 does not cancel, but is available in 5.41 the second year. 5.42 By February 1, 2004, the commissioner 5.43 shall report to the environment and 5.44 natural resources finance committees of 5.45 the house and senate on the status of 5.46 discussions with stakeholders on 5.47 strategies to implement the impaired 5.48 waters program and any specific 5.49 recommendations on funding options to 5.50 address the needs documents in the 5.51 agency's report to the legislature, 5.52 "Minnesota's Impaired Waters," dated 5.53 March 2003. 5.54 Notwithstanding Minnesota Statutes, 5.55 section 16A.28, the appropriations 5.56 encumbered under contract on or before 5.57 June 30, 2005, for clean water 5.58 partnership, ISTS, Minnesota River, and 5.59 Total Maximum Daily Load grants in this 5.60 subdivision are available until June 5.61 30, 2007. 5.62 Subd. 3. Air 5.63 8,645,000 8,640,000 6.1 Summary by Fund 6.2 Environmental 8,645,000 8,640,000 6.3 Up to $150,000 the first year and 6.4 $150,000 the second year may be 6.5 transferred to the environmental fund 6.6 for the small business environmental 6.7 improvement loan program established in 6.8 Minnesota Statutes, section 116.993. 6.9 $200,000 the first year and $200,000 6.10 the second year are from the 6.11 environmental fund for a monitoring 6.12 program under Minnesota Statutes, 6.13 section 116.454. 6.14 Subd. 4. Land 6.15 18,454,000 18,454,000 6.16 Summary by Fund 6.17 Environmental 7,050,000 7,050,000 6.18 Remediation 11,404,000 11,404,000 6.19 All money for environmental response, 6.20 compensation, and compliance in the 6.21 remediation fund not otherwise 6.22 appropriated is appropriated to the 6.23 commissioners of the pollution control 6.24 agency and the department of 6.25 agriculture for purposes of Minnesota 6.26 Statutes, section 115B.20, subdivision 6.27 2, clauses (1), (2), (3), (6), and 6.28 (7). At the beginning of each fiscal 6.29 year, the two commissioners shall 6.30 jointly submit an annual spending plan 6.31 to the commissioner of finance that 6.32 maximizes the utilization of resources 6.33 and appropriately allocates the money 6.34 between the two agencies. This 6.35 appropriation is available until June 6.36 30, 2005. 6.37 $574,000 the first year and $574,000 6.38 the second year are from the petroleum 6.39 tank fund to be transferred to the 6.40 remediation fund for purposes of the 6.41 leaking underground storage tank 6.42 program to protect the land. 6.43 $200,000 the first year and $200,000 6.44 the second year are from the 6.45 remediation fund to be transferred to 6.46 the department of health for private 6.47 water supply monitoring and health 6.48 assessment costs in areas contaminated 6.49 by unpermitted mixed municipal solid 6.50 waste disposal facilities. 6.51 $685,000 the first year and $685,000 6.52 the second year are from the 6.53 environmental fund balance to reimburse 6.54 the general fund for past sales of 6.55 bonds used to support the closed 6.56 landfill program through June 30, 2007. 6.57 Subd. 5. Multimedia 7.1 4,301,000 4,306,000 7.2 Summary by Fund 7.3 General 2,265,000 2,265,000 7.4 Environmental 2,036,000 2,041,000 7.5 Subd. 6. Administrative Support 7.6 2,087,000 2,087,000 7.7 Summary by Fund 7.8 General 710,000 696,000 7.9 Environmental 1,377,000 1,391,000 7.10 Sec. 3. OFFICE OF ENVIRONMENTAL 7.11 ASSISTANCE 24,754,000 24,754,000 7.12 Summary by Fund 7.13 General 12,760,000 12,760,000 7.14 Environmental 11,994,000 11,994,000 7.15 $12,500,000 each year is for SCORE 7.16 block grants to counties. Of that 7.17 amount, $8,060,000 is from the general 7.18 fund and $4,440,000 is from the 7.19 environmental fund. 7.20 Any unencumbered grant and loan 7.21 balances in the first year do not 7.22 cancel but are available for grants and 7.23 loans in the second year. 7.24 All money deposited in the 7.25 environmental fund for the metropolitan 7.26 solid waste landfill fee in accordance 7.27 with Minnesota Statutes, section 7.28 473.843, and not otherwise 7.29 appropriated, is appropriated to the 7.30 office of environmental assistance for 7.31 the purposes of Minnesota Statutes, 7.32 section 473.844. 7.33 $200,000 the first year and $200,000 7.34 the second year are transferred to the 7.35 environmental assistance revolving 7.36 account under Minnesota Statutes, 7.37 section 115A.0716, subdivision 3. 7.38 Notwithstanding Minnesota Statutes, 7.39 section 16A.28, the appropriations 7.40 encumbered under contract on or before 7.41 June 30, 2005, for environmental 7.42 assistance grants awarded under 7.43 Minnesota Statutes, section 115A.0716, 7.44 and for technical and research 7.45 assistance under Minnesota Statutes, 7.46 section 115A.152, technical assistance 7.47 under Minnesota Statutes, section 7.48 115A.52, and pollution prevention 7.49 assistance under Minnesota Statutes, 7.50 section 115D.04, are available until 7.51 June 30, 2006. 7.52 $5,000,000 the first year and 7.53 $5,000,000 the second year are from the 8.1 environmental fund for mixed municipal 8.2 solid waste processing payments under 8.3 Minnesota Statutes, section 115A.545. 8.4 The office of environmental assistance 8.5 shall, in consultation with 8.6 stakeholders, develop and report to the 8.7 legislative finance and policy 8.8 committees with jurisdiction over the 8.9 environment on an incentive-based 8.10 distribution approach for SCORE funding 8.11 to replace the allocation formula in 8.12 Minnesota Statutes, section 115A.557, 8.13 subdivision 2. The office must submit 8.14 preliminary recommendations by January 8.15 15, 2004, and final recommendations by 8.16 January 1, 2005. 8.17 Sec. 4. ZOOLOGICAL BOARD 6,681,000 6,681,000 8.18 Summary by Fund 8.19 General 6,557,000 6,557,000 8.20 Natural Resources 124,000 124,000 8.21 $124,000 the first year and $124,000 8.22 the second year are from the natural 8.23 resources fund from the revenue 8.24 deposited under Minnesota Statutes, 8.25 section 297A.94, paragraph (e), clause 8.26 (5). This is a onetime appropriation. 8.27 Sec. 5. NATURAL RESOURCES 8.28 Subdivision 1. Total 8.29 Appropriation 223,915,000 221,809,000 8.30 Summary by Fund 8.31 General 91,053,000 90,945,000 8.32 Natural Resources 50,412,000 48,472,000 8.33 Game and Fish 82,350,000 82,292,000 8.34 Remediation 100,000 100,000 8.35 The amounts that may be spent from this 8.36 appropriation for each program are 8.37 specified in the following subdivisions. 8.38 Subd. 2. Land and Mineral Resources 8.39 Management 8.40 7,509,000 7,509,000 8.41 Summary by Fund 8.42 General 6,466,000 6,466,000 8.43 Natural Resources 156,000 156,000 8.44 Game and Fish 887,000 887,000 8.45 $275,000 the first year and $275,000 8.46 the second year are for iron ore 8.47 cooperative research, of which $137,500 8.48 the first year and $137,500 the second 8.49 year are available only as matched by 8.50 $1 of nonstate money for each $1 of 9.1 state money. The match may be cash or 9.2 in-kind. Any unencumbered balance 9.3 remaining in the first year does not 9.4 cancel but is available for the second 9.5 year. 9.6 $172,000 the first year and $172,000 9.7 the second year are for mineral 9.8 diversification. 9.9 $86,000 the first year and $86,000 the 9.10 second year are for minerals 9.11 cooperative environmental research, of 9.12 which $43,000 the first year and 9.13 $43,000 the second year are available 9.14 only as matched by $1 of nonstate money 9.15 for each $1 of state money. The match 9.16 may be cash or in-kind. Any 9.17 unencumbered balance remaining in the 9.18 first year does not cancel but is 9.19 available for the second year. 9.20 Subd. 3. Water Resources Management 9.21 10,949,000 10,841,000 9.22 Summary by Fund 9.23 General 10,669,000 10,561,000 9.24 Natural Resources 280,000 280,000 9.25 $108,000 the first year is for a grant 9.26 to the Lewis and Clark joint powers 9.27 board to acquire land for, and to 9.28 predesign, design, construct, furnish, 9.29 and equip a rural water system to serve 9.30 southwestern Minnesota, and to pay 9.31 additional project development costs 9.32 that are approved for federal 9.33 cost-share payment by the United States 9.34 Bureau of Reclamation, and is available 9.35 until spent. This appropriation is 9.36 available when matched by $8 of federal 9.37 money and $1 of local money for each $1 9.38 of state money. 9.39 Up to $210,000 the first year and up to 9.40 $210,000 the second year are for grants 9.41 associated with the implementation of 9.42 the Red River mediation agreement. 9.43 $300,000 the first year and $300,000 9.44 the second year are appropriated for 9.45 groundwater sustainability analyses 9.46 under Minnesota Statutes, section 9.47 103G.271, subdivision 8. 9.48 Subd. 4. Forest Management 9.49 33,066,000 33,066,000 9.50 Summary by Fund 9.51 General 32,824,000 32,824,000 9.52 Game and Fish 242,000 242,000 9.53 $7,650,000 the first year and 9.54 $7,650,000 the second year are for 9.55 prevention, presuppression, and 10.1 suppression costs of emergency 10.2 firefighting and other costs incurred 10.3 under Minnesota Statutes, section 10.4 88.12. If the appropriation for either 10.5 year is insufficient to cover all costs 10.6 of presuppression and suppression, the 10.7 amount necessary to pay for these costs 10.8 during the biennium is appropriated 10.9 from the general fund. By November 15 10.10 of each year, the commissioner of 10.11 natural resources shall submit a report 10.12 to the chairs of the house of 10.13 representatives ways and means 10.14 committee, the senate finance 10.15 committee, the environment and 10.16 agriculture budget division of the 10.17 senate finance committee, and the house 10.18 of representatives environment and 10.19 natural resources finance committee, 10.20 identifying all firefighting costs 10.21 incurred and reimbursements received in 10.22 the prior fiscal year. The report must 10.23 be in a format agreed to by the house 10.24 environment finance committee chair, 10.25 the senate environment budget division 10.26 chair, the department, and the 10.27 department of finance. These 10.28 appropriations may not be transferred. 10.29 Any reimbursement of firefighting 10.30 expenditures made to the commissioner 10.31 from any source other than federal 10.32 mobilizations shall be deposited into 10.33 the general fund. 10.34 $730,000 the first year and $730,000 10.35 the second year are for the forest 10.36 resources council for implementation of 10.37 the Sustainable Forest Resources Act. 10.38 $350,000 the first year and $350,000 10.39 the second year are for the FORIST 10.40 timber management information system 10.41 and for increased forestry management. 10.42 $242,000 the first year and $242,000 10.43 the second year are from the game and 10.44 fish fund to implement ecological 10.45 classification systems (ECS) standards 10.46 on forested landscapes. This is a 10.47 onetime appropriation from revenue 10.48 deposited to the game and fish fund 10.49 under Minnesota Statutes, section 10.50 297A.94, paragraph (e), clause (1). 10.51 Subd. 5. Parks and Recreation 10.52 Management 10.53 36,508,000 36,508,000 10.54 Summary by Fund 10.55 General 19,283,000 19,283,000 10.56 Natural Resources 17,225,000 17,225,000 10.57 $640,000 the first year and $640,000 10.58 the second year are from the water 10.59 recreation account in the natural 10.60 resources fund for state park 10.61 development projects. 11.1 $3,060,000 in each year is for payment 11.2 of a grant to the metropolitan council 11.3 for metropolitan area regional parks 11.4 maintenance and operations. 11.5 $3,462,000 the first year and 11.6 $3,462,000 the second year are from the 11.7 natural resources fund for state park 11.8 and recreation area operations. This 11.9 appropriation is from the revenue 11.10 deposited to the natural resources fund 11.11 under Minnesota Statutes, section 11.12 297A.94, paragraph (e), clause (2). 11.13 $4,152,000 the first year and 11.14 $4,152,000 the second year are from the 11.15 natural resources fund for a grant to 11.16 the metropolitan council for 11.17 metropolitan area regional parks and 11.18 trails maintenance and operations. 11.19 This appropriation is from the revenue 11.20 deposited to the natural resources fund 11.21 under Minnesota Statutes, section 11.22 297A.94, paragraph (e), clause (3). 11.23 $8,971,000 the first year and 11.24 $8,971,000 the second year are from the 11.25 state parks account in the natural 11.26 resources fund for state park and 11.27 recreation area operations. 11.28 $25,000 the first year and $25,000 the 11.29 second year are for a grant to the city 11.30 of Taylors Falls for fire and rescue 11.31 operations in support of Interstate 11.32 state park. 11.33 Subd. 6. Trails and Waterways 11.34 Management 11.35 23,210,000 20,723,000 11.36 Summary by Fund 11.37 General 1,234,000 1,234,000 11.38 Natural Resources 19,805,000 17,805,000 11.39 Game and Fish 2,171,000 1,684,000 11.40 $5,724,000 the first year and 11.41 $5,724,000 the second year are from the 11.42 snowmobile trails and enforcement 11.43 account in the natural resources fund 11.44 for snowmobile grants-in-aid. 11.45 $261,000 the first year and $261,000 11.46 the second year are from the water 11.47 recreation account in the natural 11.48 resources fund for a safe harbor 11.49 program on Lake Superior. 11.50 $690,000 the first year and $690,000 11.51 the second year are from the natural 11.52 resources fund for state trail 11.53 operations. This appropriation is from 11.54 the revenue deposited to the natural 11.55 resources fund under Minnesota 11.56 Statutes, section 297A.94, paragraph 11.57 (e), clause (2). This is a onetime 11.58 appropriation. 12.1 $553,000 the first year and $553,000 12.2 the second year are from the natural 12.3 resources fund for trail grants to 12.4 local units of government on land to be 12.5 maintained for at least 20 years for 12.6 the purposes of the grant. This 12.7 appropriation is from the revenue 12.8 deposited to the natural resources fund 12.9 under Minnesota Statutes, section 12.10 297A.94, paragraph (e), clause (4). 12.11 This is a onetime appropriation. 12.12 $700,000 the first year is from the 12.13 water recreation account in the natural 12.14 resources fund for a cooperative 12.15 project with the U.S. Army Corps of 12.16 Engineers to develop the Mississippi 12.17 Whitewater Park. Of this amount, 12.18 $525,000 is available to provide a 12.19 match for $975,000 of federal funds, in 12.20 a ratio of 65 percent federal to 35 12.21 percent state, for construction design 12.22 development. $175,000 is available for 12.23 use by the department for project 12.24 management, including costs for the 12.25 project review team, real estate 12.26 acquisition, staff coordination of 12.27 project, and legal services. 12.28 The appropriation in Laws 2001, First 12.29 Special Session chapter 2, section 5, 12.30 subdivision 6, from the water 12.31 recreation account in the natural 12.32 resources fund for preconstruction, 12.33 acquisition, and staffing needs for the 12.34 Mississippi Whitewater trail authorized 12.35 by Minnesota Statutes, section 85.0156, 12.36 is available until June 30, 2005. 12.37 $150,000 the first year and $150,000 12.38 the second year are from the natural 12.39 resources fund for trail development. 12.40 Of this amount, $86,000 each year is 12.41 from the all-terrain vehicle account, 12.42 $57,000 each year is from the the 12.43 off-road vehicle account, and $7,000 12.44 each year is from the off-highway 12.45 motorcycle account. 12.46 $1,000,000 the first year is from the 12.47 natural resources fund for the Iron 12.48 Range off-highway vehicle recreation 12.49 area. Of this amount, $600,000 is from 12.50 the all-terrain vehicle account, 12.51 $350,000 is from the off-road vehicle 12.52 account, and $50,000 is from the 12.53 off-highway motorcycle account. This 12.54 appropriation is available until 12.55 expended. 12.56 $300,000 the first year is from the 12.57 snowmobile trails and enforcement 12.58 account in the natural resources fund. 12.59 The commissioner shall expend this 12.60 money to acquire permanent easements 12.61 for a snowmobile trail to connect the 12.62 Willard Munger State Trail in 12.63 Hermantown to the North Shore State 12.64 Trail in Duluth. This appropriation is 12.65 available until expended. 13.1 Subd. 7. Fish Management 13.2 28,979,000 29,010,000 13.3 Summary by Fund 13.4 General 455,000 455,000 13.5 Natural Resources 197,000 197,000 13.6 Game and Fish 28,327,000 28,358,000 13.7 $402,000 the first year and $402,000 13.8 the second year are for resource 13.9 population surveys in the 1837 treaty 13.10 area. Of this amount, $260,000 the 13.11 first year and $260,000 the second year 13.12 are from the game and fish fund. 13.13 $177,000 the first year and $177,000 13.14 the second year are for the reinvest in 13.15 Minnesota programs of game and fish, 13.16 critical habitat, and wetlands 13.17 established under Minnesota Statutes, 13.18 section 84.95, subdivision 2. 13.19 $1,030,000 the first year and 13.20 $1,030,000 the second year are from the 13.21 trout and salmon management account for 13.22 only the purposes specified in 13.23 Minnesota Statutes, section 97A.075, 13.24 subdivision 3. 13.25 $136,000 the first year and $136,000 13.26 the second year are available for 13.27 aquatic plant restoration. 13.28 $3,998,000 the first year and 13.29 $3,998,000 the second year are from the 13.30 heritage enhancement account in the 13.31 game and fish fund for only the 13.32 purposes specified in Minnesota 13.33 Statutes, section 297A.94, paragraph 13.34 (e), clause (1). This appropriation is 13.35 from the revenue deposited to the game 13.36 and fish fund under Minnesota Statutes, 13.37 section 297A.94, paragraph (e), clause 13.38 (1). 13.39 Notwithstanding Minnesota Statutes, 13.40 section 16A.28, the appropriations 13.41 encumbered under contract on or before 13.42 June 30, 2005, for aquatic restoration 13.43 grants in this subdivision are 13.44 available until June 30, 2006. 13.45 Subd. 8. Wildlife Management 13.46 23,865,000 24,180,000 13.47 Summary by Fund 13.48 General 1,416,000 1,416,000 13.49 Game and Fish 22,449,000 22,764,000 13.50 $565,000 the first year and $565,000 13.51 the second year are for the reinvest in 13.52 Minnesota programs of game and fish, 13.53 critical habitat, and wetlands 13.54 established under Minnesota Statutes, 14.1 section 84.95, subdivision 2. 14.2 $1,830,000 the first year and 14.3 $2,030,000 the second year are from the 14.4 wildlife acquisition surcharge account 14.5 for only the purposes specified in 14.6 Minnesota Statutes, section 97A.071, 14.7 subdivision 2a. 14.8 $1,269,000 the first year and 14.9 $1,269,000 the second year are from the 14.10 deer habitat improvement account for 14.11 only the purposes specified in 14.12 Minnesota Statutes, section 97A.075, 14.13 subdivision 1, paragraph (b). 14.14 $148,000 the first year and $148,000 14.15 the second year are from the deer and 14.16 bear management account for only the 14.17 purposes specified in Minnesota 14.18 Statutes, section 97A.075, subdivision 14.19 1, paragraph (c). 14.20 $808,000 the first year and $808,000 14.21 the second year are from the waterfowl 14.22 habitat improvement account for only 14.23 the purposes specified in Minnesota 14.24 Statutes, section 97A.075, subdivision 14.25 2. 14.26 $546,000 the first year and $546,000 14.27 the second year are from the pheasant 14.28 habitat improvement account for only 14.29 the purposes specified in Minnesota 14.30 Statutes, section 97A.075, subdivision 14.31 4. 14.32 $120,000 the first year and $120,000 14.33 the second year are from the wild 14.34 turkey management account for only the 14.35 purposes specified in Minnesota 14.36 Statutes, section 97A.075, subdivision 14.37 5. Of this amount, $8,000 the first 14.38 year and $8,000 the second year are 14.39 appropriated from the game and fish 14.40 fund for transfer to the wild turkey 14.41 management account for purposes 14.42 specified in Minnesota Statutes, 14.43 section 97A.075, subdivision 5. 14.44 $2,560,000 the first year and 14.45 $2,560,000 the second year are from the 14.46 heritage enhancement account in the 14.47 game and fish fund for only the 14.48 purposes specified in Minnesota 14.49 Statutes, section 297A.94, paragraph 14.50 (e), clause (1). However, in the event 14.51 that chronic wasting disease (CWD) is 14.52 found in the wild deer herd, these 14.53 appropriations may be used for wildlife 14.54 health management costs related to 14.55 fighting the spread of CWD. This 14.56 appropriation is from the revenue 14.57 deposited to the game and fish fund 14.58 under Minnesota Statutes, section 14.59 297A.94, paragraph (e), clause (1). 14.60 Notwithstanding Minnesota Statutes, 14.61 section 297A.94, this appropriation may 14.62 be used for hunter recruitment and 14.63 retention and public land user 14.64 facilities. 15.1 Notwithstanding Minnesota Statutes, 15.2 section 16A.28, the appropriations 15.3 encumbered under contract on or before 15.4 June 30, 2005, for wildlife habitat 15.5 grants in this subdivision are 15.6 available until June 30, 2006. 15.7 Subd. 9. Ecological Services 15.8 8,677,000 8,745,000 15.9 Summary by Fund 15.10 General 3,085,000 3,085,000 15.11 Natural Resources 2,572,000 2,632,000 15.12 Game and Fish 3,020,000 3,028,000 15.13 $1,028,000 the first year and 15.14 $1,028,000 the second year are from the 15.15 nongame wildlife management account in 15.16 the natural resources fund for the 15.17 purpose of nongame wildlife management. 15.18 $224,000 the first year and $224,000 15.19 the second year are for population and 15.20 habitat objectives of the nongame 15.21 wildlife management program. 15.22 $477,000 the first year and $477,000 15.23 the second year are for the reinvest in 15.24 Minnesota programs of game and fish, 15.25 critical habitat, and wetlands 15.26 established under Minnesota Statutes, 15.27 section 84.95, subdivision 2. 15.28 $1,263,000 the first year and 15.29 $1,263,000 the second year are from the 15.30 heritage enhancement account in the 15.31 game and fish fund for only the 15.32 purposes specified in Minnesota 15.33 Statutes, section 297A.94, paragraph 15.34 (e), clause (1). This appropriation is 15.35 from the revenue deposited to the game 15.36 and fish fund under Minnesota Statutes, 15.37 section 297A.94, paragraph (e), clause 15.38 (1). 15.39 Subd. 10. Enforcement 15.40 26,918,000 26,986,000 15.41 Summary by Fund 15.42 General 3,487,000 3,487,000 15.43 Natural Resources 6,161,000 6,161,000 15.44 Game and Fish 17,170,000 17,238,000 15.45 Remediation 100,000 100,000 15.46 $1,082,000 the first year and 15.47 $1,082,000 the second year are from the 15.48 water recreation account in the natural 15.49 resources fund for grants to counties 15.50 for boat and water safety. 15.51 $100,000 the first year and $100,000 15.52 the second year are from the 16.1 remediation fund for solid waste 16.2 enforcement activities under Minnesota 16.3 Statutes, section 116.073. 16.4 $315,000 the first year and $315,000 16.5 the second year are from the snowmobile 16.6 trails and enforcement account in the 16.7 natural resources fund for grants to 16.8 local law enforcement agencies for 16.9 snowmobile enforcement activities. 16.10 $1,164,000 the first year and 16.11 $1,164,000 the second year are from the 16.12 heritage enhancement account in the 16.13 game and fish fund for only the 16.14 purposes specified in Minnesota 16.15 Statutes, section 297A.94, paragraph 16.16 (e), clause (1). This appropriation is 16.17 from the revenue deposited to the game 16.18 and fish fund under Minnesota Statutes, 16.19 section 297A.94, paragraph (e), clause 16.20 (1). 16.21 $100,000 the first year and $100,000 16.22 the second year are from the off-road 16.23 vehicle account in the natural 16.24 resources fund for grants to 16.25 off-highway organizations under 16.26 Minnesota Statutes, section 84.785. 16.27 $200,000 the first year and $200,000 16.28 the second year are from the natural 16.29 resources fund for grants to county law 16.30 enforcement agencies for off-highway 16.31 vehicle enforcement and public 16.32 education activities based on 16.33 off-highway vehicle use and trail 16.34 mileage in the county. Of this amount, 16.35 $115,000 each year is from the 16.36 all-terrain vehicle account, $76,000 16.37 each year is from the off-road vehicle 16.38 account, and $9,000 each year is from 16.39 the off-highway motorcycle account. 16.40 The county enforcement agencies may use 16.41 money received under this appropriation 16.42 to make grants to other local 16.43 enforcement agencies within the county 16.44 that have a high concentration of 16.45 off-highway vehicle use. 16.46 Subd. 11. Operations Support 16.47 24,234,000 24,241,000 16.48 Summary by Fund 16.49 General 12,134,000 12,134,000 16.50 Natural Resources 4,016,000 4,016,000 16.51 Game and Fish 8,084,000 8,091,000 16.52 $189,000 the first year and $189,000 16.53 the second year are for technical 16.54 assistance and grants to assist local 16.55 government units and organizations in 16.56 the metropolitan area to acquire and 16.57 develop natural areas and greenways. 16.58 $375,000 the first year and $375,000 16.59 the second year are for the community 17.1 assistance program to provide for 17.2 technical assistance and regional 17.3 resource enhancement grants. 17.4 $246,000 the first year and $246,000 17.5 the second year are from the natural 17.6 resources fund for grants to be divided 17.7 equally between the city of St. Paul 17.8 for the Como Zoo and Conservatory and 17.9 the city of Duluth Zoo. This 17.10 appropriation is from the revenue 17.11 deposited to the natural resources fund 17.12 under Minnesota Statutes, section 17.13 297A.94, paragraph (e), clause (5). 17.14 This is a onetime appropriation. 17.15 The commissioner may allow the payment 17.16 for license fees at the central office 17.17 to be made by credit card, at the 17.18 license holder's discretion, at a 17.19 charge of a reasonable fee. 17.20 Any unencumbered balance for state 17.21 project reimbursements received in 17.22 fiscal year 2003 from the federal Land 17.23 and Water Conservation Fund Act and 17.24 deposited in the state land and water 17.25 conservation account in the future 17.26 resources fund shall be transferred to 17.27 the account in the natural resources 17.28 fund. This provision is effective the 17.29 day following final enactment. 17.30 Sec. 6. BOARD OF WATER AND 17.31 SOIL RESOURCES 15,362,000 15,361,000 17.32 $4,102,000 the first year and 17.33 $4,102,000 the second year are for 17.34 natural resources block grants to local 17.35 governments. 17.36 The board shall reduce the amount of 17.37 the natural resources block grant to a 17.38 county by an amount equal to any 17.39 reduction in the county's general 17.40 services allocation to a soil and water 17.41 conservation district from the county's 17.42 previous year allocation. 17.43 $3,566,000 the first year and 17.44 $3,566,000 the second year are for 17.45 grants to soil and water conservation 17.46 districts for general purposes, 17.47 nonpoint engineering, and 17.48 implementation of the Reinvest in 17.49 Minnesota conservation reserve 17.50 program. Upon approval of the board, 17.51 expenditures may be made from these 17.52 appropriations for supplies and 17.53 services benefiting soil and water 17.54 conservation districts. 17.55 $3,320,000 the first year and 17.56 $3,320,000 the second year are for 17.57 grants to soil and water conservation 17.58 districts for cost-sharing contracts 17.59 for erosion control and water quality 17.60 management. Of this amount, at least 17.61 $1,500,000 the first year and 17.62 $1,500,000 the second year are for 17.63 grants for cost-sharing contracts for 18.1 water quality management on feedlots. 18.2 Any unencumbered balance in the board's 18.3 program of grants does not cancel at 18.4 the end of the first year and is 18.5 available for the second year for the 18.6 same grant program. 18.7 $100,000 the first year and $100,000 18.8 the second year are for a grant to the 18.9 Red River Basin Commission to develop a 18.10 Red River basin plan and to coordinate 18.11 water management activities in the 18.12 states and provinces bordering the Red 18.13 river. The unencumbered balance in the 18.14 first year does not cancel but is 18.15 available for the second year. 18.16 Sec. 7. SCIENCE MUSEUM 18.17 OF MINNESOTA 618,000 -0- 18.18 Sec. 8. MINNESOTA RESOURCES 18.19 Subdivision 1. Total 18.20 Appropriation 17,625,000 15,050,000 18.21 Summary by Fund 18.22 State Land and 18.23 Water Conservation 18.24 Account (LAWCON) 2,000,000 -0- 18.25 Environment and 18.26 Natural Resources 18.27 Trust Fund 15,050,000 15,050,000 18.28 Oil Overcharge 18.29 Money in the Special 18.30 Revenue Fund 519,000 -0- 18.31 Great Lakes 18.32 Protection Account 56,000 -0- 18.33 Appropriations from the oil overcharge 18.34 money in the special revenue fund and 18.35 Great Lakes protection account are 18.36 available for either year of the 18.37 biennium. 18.38 For appropriations from the environment 18.39 and natural resources trust fund, any 18.40 unencumbered balance remaining in the 18.41 first year does not cancel and is 18.42 available for the second year of the 18.43 biennium. 18.44 Unless otherwise provided, the amounts 18.45 in this section are available until 18.46 June 30, 2005, when projects must be 18.47 completed and final products delivered. 18.48 Subd. 2. Definitions 18.49 (a) "State Land and Water Conservation 18.50 Account (LAWCON)" means the state land 18.51 and water conservation account in the 18.52 natural resources fund. 18.53 (b) "Great Lakes protection account" 18.54 means the Great Lakes protection 18.55 account referred to in Minnesota 18.56 Statutes, section 116Q.02, subdivision 19.1 1. 19.2 (c) "Trust fund" means the Minnesota 19.3 environment and natural resources trust 19.4 fund referred to in Minnesota Statutes, 19.5 section 116P.02, subdivision 6. 19.6 (d) "Oil overcharge money" means the 19.7 money referred to in Minnesota 19.8 Statutes, section 4.071, subdivision 2. 19.9 Subd. 3. Administration 406,000 406,000 19.10 Summary by Fund 19.11 Trust Fund 406,000 406,000 19.12 (a) Legislative Commission on Minnesota 19.13 Resources 19.14 $326,000 the first year and $346,000 19.15 the second year are from the trust fund 19.16 for administration as provided in 19.17 Minnesota Statutes, section 116P.09, 19.18 subdivision 5. 19.19 (b) LCMR Study Commission on Park 19.20 Systems 19.21 $20,000 the first year is from the 19.22 trust fund to the legislative 19.23 commission on Minnesota resources to 19.24 evaluate the use of fees to assist the 19.25 financial stability and the potential 19.26 of fees to provide for self-sufficiency 19.27 in Minnesota's park systems, including 19.28 state parks, metropolitan regional 19.29 parks, and rural regional parks in 19.30 greater Minnesota. The study 19.31 commission will report to the chairs of 19.32 the senate and house environment 19.33 finance committees by February 16, 2004. 19.34 (c) Contract Administration 19.35 $60,000 the first year and $60,000 the 19.36 second year are from the trust fund to 19.37 the commissioner of natural resources 19.38 for contract administration activities 19.39 assigned to the commissioner in this 19.40 section. This appropriation is 19.41 available until June 30, 2006. 19.42 Subd. 4. Advisory Committee 23,000 22,000 19.43 Summary by Fund 19.44 Trust Fund 23,000 22,000 19.45 Citizen Advisory Committee for the 19.46 Trust Fund 19.47 $23,000 the first year and $22,000 the 19.48 second year are from the trust fund to 19.49 the legislative commission on Minnesota 19.50 resources for expenses of the citizen 19.51 advisory committee as provided in 19.52 Minnesota Statutes, section 116P.06. 19.53 Subd. 5. Fish and Wildlife 19.54 Habitat 6,466,000 6,467,000 20.1 Summary by Fund 20.2 Trust Fund 6,466,000 6,467,000 20.3 (a) Restoring Minnesota's Fish and 20.4 Wildlife Habitat Corridors - Phase II 20.5 $2,500,000 the first year and 20.6 $2,500,000 the second year are from the 20.7 trust fund to the commissioner of 20.8 natural resources for the second 20.9 biennium for acceleration of agency 20.10 programs and cooperative agreements 20.11 with Minnesota Deer Hunters 20.12 Association, Ducks Unlimited, Inc., 20.13 National Wild Turkey Federation, 20.14 Pheasants Forever, the Nature 20.15 Conservancy, Minnesota Land Trust, the 20.16 Trust for Public Land, Minnesota Valley 20.17 National Wildlife Refuge Trust, Inc., 20.18 U.S. Fish and Wildlife Service, U.S. 20.19 Bureau of Indian Affairs, Red Lake Band 20.20 of Chippewa, Leech Lake Band of 20.21 Chippewa, Fond du Lac Band of Chippewa, 20.22 USDA-Natural Resources Conservation 20.23 Service, and the board of water and 20.24 soil resources to plan, restore, and 20.25 acquire fragmented landscape corridors 20.26 that connect areas of quality habitat 20.27 to sustain fish, wildlife, and plants. 20.28 As part of the required work program, 20.29 criteria and priorities for planned 20.30 acquisition and restoration activities 20.31 must be submitted to the legislative 20.32 commission on Minnesota resources for 20.33 review and approval before expenditure. 20.34 Expenditures are limited to the 11 20.35 project areas as defined in the work 20.36 program. Land acquired with this 20.37 appropriation must be sufficiently 20.38 improved to meet at least minimum 20.39 habitat and facility management 20.40 standards as determined by the 20.41 commissioner of natural resources. 20.42 This appropriation may not be used for 20.43 the purchase of residential structures 20.44 unless expressly approved in the work 20.45 program. Any land acquired in fee 20.46 title by the commissioner of natural 20.47 resources with money from this 20.48 appropriation must be designated: (1) 20.49 as an outdoor recreation unit under 20.50 Minnesota Statutes, section 86A.07; or 20.51 (2) as provided in Minnesota Statutes, 20.52 sections 89.018, subdivision 2, 20.53 paragraph (a); 97A.101; 97A.125; 20.54 97C.001; and 97C.011. The commissioner 20.55 may so designate any lands acquired in 20.56 less than fee title. This 20.57 appropriation is available until June 20.58 30, 2006, at which time the project 20.59 must be completed and final products 20.60 delivered, unless an earlier date is 20.61 specified in the work program. 20.62 (b) Metropolitan Area Wildlife 20.63 Corridors 20.64 $2,500,000 the first year and 20.65 $2,500,000 the second year are from the 21.1 trust fund to the commissioner of 21.2 natural resources. $3,700,000 of this 21.3 appropriation is for acceleration of 21.4 agency programs and cooperative 21.5 agreements with the Trust for Public 21.6 Land, Ducks Unlimited, Inc., Friends of 21.7 the Mississippi River, Great River 21.8 Greening, Minnesota Land Trust, and 21.9 Minnesota Valley National Wildlife 21.10 Refuge Trust, Inc., for the purposes of 21.11 planning, improving, and protecting 21.12 important natural areas in the 21.13 metropolitan region, as defined by 21.14 Minnesota Statutes, section 473.121, 21.15 subdivision 2, through grants, 21.16 contracted services, conservation 21.17 easements, and fee acquisition. 21.18 $500,000 of this appropriation is for 21.19 an agreement with the city of Ramsey 21.20 for the Trott Brook Corridor 21.21 acquisition. $800,000 of this 21.22 appropriation is for an agreement with 21.23 the Rice Creek Watershed District for 21.24 Hardwood Creek acquisition and 21.25 restoration. Land acquired with this 21.26 appropriation must be sufficiently 21.27 improved to meet at least minimum 21.28 management standards as determined by 21.29 the commissioner of natural resources. 21.30 As part of the required work program, 21.31 criteria and priorities for planned 21.32 acquisition and restoration activities 21.33 must be submitted to the legislative 21.34 commission on Minnesota resources for 21.35 review and approval before 21.36 expenditure. Expenditures are limited 21.37 to the identified project areas as 21.38 defined in the work program. This 21.39 appropriation may not be used for the 21.40 purchase of residential structures 21.41 unless expressly approved in the work 21.42 program. Any land acquired in fee 21.43 title by the commissioner of natural 21.44 resources with money from this 21.45 appropriation must be designated: (1) 21.46 as an outdoor recreation unit under 21.47 Minnesota Statutes, section 86A.07; or 21.48 (2) as provided in Minnesota Statutes, 21.49 sections 89.018, subdivision 2, 21.50 paragraph (a); 97A.101; 97A.125; 21.51 97C.001; and 97C.011. The commissioner 21.52 may so designate any lands acquired in 21.53 less than fee title. This 21.54 appropriation is available until June 21.55 30, 2006, at which time the project 21.56 must be completed and final products 21.57 delivered, unless an earlier date is 21.58 specified in the work program. 21.59 (c) Restoring RIM Match 21.60 $200,000 the first year and $200,000 21.61 the second year are from the trust fund 21.62 to the commissioner of natural 21.63 resources for the RIM critical habitat 21.64 matching program to acquire and enhance 21.65 fish, wildlife, and native plant 21.66 habitat. Land acquired with this 21.67 appropriation must be sufficiently 21.68 improved to meet at least minimum 21.69 management standards as determined by 22.1 the commissioner of natural resources. 22.2 Up to $27,000 of this appropriation is 22.3 for matching nongame program activities. 22.4 (d) Acquisition and Development of 22.5 Scientific and Natural Areas 22.6 $300,000 the first year and $300,000 22.7 the second year are from the trust fund 22.8 to the commissioner of natural 22.9 resources to acquire and develop lands 22.10 with natural features of state 22.11 ecological or geological significance 22.12 in accordance with the scientific and 22.13 natural area program long-range plan. 22.14 Land acquired with this appropriation 22.15 must be sufficiently improved to meet 22.16 at least minimum management standards 22.17 as determined by the commissioner of 22.18 natural resources. 22.19 (e) Forest and Prairie Stewardship of 22.20 Public and Private Lands 22.21 $196,000 the first year and $196,000 22.22 the second year are from the trust fund 22.23 to the commissioner of natural 22.24 resources. $147,000 of this 22.25 appropriation is to develop stewardship 22.26 plans for private forested lands and 22.27 implement stewardship plans on a 22.28 cost-share basis. $245,000 of this 22.29 appropriation is to develop stewardship 22.30 plans on private prairie lands and 22.31 implement prairie management on public 22.32 and private lands. This appropriation 22.33 is available until June 30, 2006, at 22.34 which time the project must be 22.35 completed and final products delivered, 22.36 unless an earlier date is specified in 22.37 the work program. 22.38 (f) Local Initiative 22.39 Grants-Conservation Partners and 22.40 Environmental Partnerships 22.41 $315,000 the first year and $315,000 22.42 the second year are from the trust fund 22.43 to the commissioner of natural 22.44 resources for matching grants of up to 22.45 $20,000 to local government and private 22.46 organizations for enhancement, 22.47 research, and education associated with 22.48 natural habitat and environmental 22.49 service projects. This appropriation 22.50 is available until June 30, 2006, at 22.51 which time the project must be 22.52 completed and final products delivered, 22.53 unless an earlier date is specified in 22.54 the work program. 22.55 (g) Minnesota ReLeaf Community Forest 22.56 Development and Protection 22.57 $306,000 the first year and $307,000 22.58 the second year are from the trust fund 22.59 to the commissioner of natural 22.60 resources for acceleration of the 22.61 agency program and a cooperative 22.62 agreement with Tree Trust to protect 22.63 forest resources, develop 23.1 inventory-based management plans, and 23.2 provide matching grants to communities 23.3 to plant native trees. At least 23.4 $421,000 of this appropriation must be 23.5 used for grants to communities. For 23.6 the purposes of this paragraph, the 23.7 match must be a nonstate contribution, 23.8 but may be either cash or qualifying 23.9 in-kind. This appropriation is 23.10 available until June 30, 2006, at which 23.11 time the project must be completed and 23.12 final projects delivered, unless an 23.13 earlier date is specified in the work 23.14 program. 23.15 (h) Developing Pheromones for Use in 23.16 Carp Control 23.17 $50,000 the first year and $50,000 the 23.18 second year are from the trust fund to 23.19 the University of Minnesota for 23.20 research on new options for controlling 23.21 carp. This appropriation is available 23.22 until June 30, 2006, at which time the 23.23 project must be completed and final 23.24 products delivered, unless an earlier 23.25 date is specified in the work program. 23.26 (i) Biological Control of European 23.27 Buckthorn and Spotted Knapweed 23.28 $99,000 the first year and $99,000 the 23.29 second year are from the trust fund. 23.30 Of this amount, $54,000 the first year 23.31 and $55,000 the second year are to the 23.32 commissioner of natural resources for 23.33 research to evaluate potential insects 23.34 for biological control of invasive 23.35 European buckthorn species. $45,000 23.36 the first year and $44,000 the second 23.37 year are to the commissioner of 23.38 agriculture to assess the effectiveness 23.39 of spotted knapweed biological control 23.40 agents. This appropriation is 23.41 available until June 30, 2006, at which 23.42 time the project must be completed and 23.43 final products delivered, unless an 23.44 earlier date is specified in the work 23.45 program. 23.46 Subd. 6. Recreation 7,926,000 5,925,000 23.47 Summary by Fund 23.48 Trust Fund 5,926,000 5,925,000 23.49 State Land and Conservation 23.50 Account [LAWCON) 2,000,000 23.51 (a) State Park and Recreation Area Land 23.52 Acquisition 23.53 $750,000 the first year and $750,000 23.54 the second year are from the trust fund 23.55 to the commissioner of natural 23.56 resources to acquire in-holdings for 23.57 state park and recreation areas. Land 23.58 acquired with this appropriation must 23.59 be sufficiently improved to meet at 23.60 least minimum management standards as 23.61 determined by the commissioner of 24.1 natural resources. This appropriation 24.2 is available until June 30, 2006, at 24.3 which time the project must be 24.4 completed and final products delivered, 24.5 unless an earlier date is specified in 24.6 the work program. 24.7 (b) LAWCON Federal Reimbursements 24.8 $2,000,000 is from the state land and 24.9 water conservation account (LAWCON) in 24.10 the natural resources fund to the 24.11 commissioner of natural resources for 24.12 eligible state projects and 24.13 administrative and planning activities 24.14 consistent with Minnesota Statutes, 24.15 section 116P.14, and the federal Land 24.16 and Water Conservation Fund Act. This 24.17 appropriation is contingent upon 24.18 receipt of the federal obligation and 24.19 remains available until June 30, 2006, 24.20 at which time the project must be 24.21 completed and final products delivered, 24.22 unless an earlier date is specified in 24.23 the work program. 24.24 (c) Local Initiative Grants-Parks and 24.25 Natural Areas 24.26 $1,375,000 the first year and 24.27 $1,375,000 the second year are from the 24.28 trust fund to the commissioner of 24.29 natural resources for matching grants 24.30 to local governments for acquisition 24.31 and development of natural and scenic 24.32 areas and local parks as provided in 24.33 Minnesota Statutes, section 85.019, 24.34 subdivisions 2 and 4a, and regional 24.35 parks outside of the metropolitan 24.36 area. Grants may provide up to 50 24.37 percent of the nonfederal share of the 24.38 project cost, except nonmetropolitan 24.39 regional park grants may provide up to 24.40 60 percent of the nonfederal share of 24.41 the project cost. The commission will 24.42 monitor the grants for approximate 24.43 balance over extended periods of time 24.44 between the metropolitan area, under 24.45 Minnesota Statutes, section 473.121, 24.46 subdivision 2, and the nonmetropolitan 24.47 area through work program oversight and 24.48 periodic allocation decisions. For the 24.49 purposes of this paragraph, the match 24.50 must be a nonstate contribution, but 24.51 may be either cash or qualifying 24.52 in-kind. Recipients may receive 24.53 funding for more than one project in 24.54 any given grant period. This 24.55 appropriation is available until June 24.56 30, 2006, at which time the project 24.57 must be completed and final products 24.58 delivered. 24.59 (d) Metropolitan Regional Parks 24.60 Acquisition, Rehabilitation, and 24.61 Development 24.62 $1,670,000 the first year and 24.63 $1,669,000 the second year are from the 24.64 trust fund to the commissioner of 24.65 natural resources for an agreement with 25.1 the metropolitan council for subgrants 25.2 for the acquisition, development, and 25.3 rehabilitation in the metropolitan 25.4 regional park system, consistent with 25.5 the metropolitan council regional 25.6 recreation open space capital 25.7 improvement plan. This appropriation 25.8 may not be used for the purchase of 25.9 residential structures. This 25.10 appropriation may be used to reimburse 25.11 implementing agencies for acquisition 25.12 of nonresidential property as expressly 25.13 approved in the work program. This 25.14 appropriation is available until June 25.15 30, 2006, at which time the project 25.16 must be completed and final products 25.17 delivered, unless an earlier date is 25.18 specified in the work program. In 25.19 addition, if a project financed under 25.20 this program receives a federal grant, 25.21 the availability of the financing from 25.22 this paragraph for that project is 25.23 extended to equal the period of the 25.24 federal grant. 25.25 (e) Local and Regional Trail Grant 25.26 Initiative Program 25.27 $246,000 the first year and $246,000 25.28 the second year are from the trust fund 25.29 to the commissioner of natural 25.30 resources to provide matching grants to 25.31 local units of government for the cost 25.32 of acquisition, development, 25.33 engineering services, and enhancement 25.34 of existing and new trail facilities. 25.35 This appropriation is available until 25.36 June 30, 2006, at which time the 25.37 project must be completed and final 25.38 products delivered, unless an earlier 25.39 date is specified in the work program. 25.40 In addition, if a project financed 25.41 under this program receives a federal 25.42 grant, the availability of the 25.43 financing from this paragraph for that 25.44 project is extended to equal the period 25.45 of the federal grant. 25.46 (f) Gitchi-Gami State Trail 25.47 $650,000 the first year and $650,000 25.48 the second year are from the trust fund 25.49 to the commissioner of natural 25.50 resources, in cooperation with the 25.51 Gitchi-Gami Trail Association, for the 25.52 third biennium, to design and construct 25.53 approximately five miles of Gitchi-Gami 25.54 state trail segments. This 25.55 appropriation must be matched by at 25.56 least $400,000 of nonstate money. The 25.57 availability of the financing from this 25.58 paragraph is extended to equal the 25.59 period of any federal money received. 25.60 (g) Water Recreation: Boat Access, 25.61 Fishing Piers, and Shore-fishing 25.62 $750,000 the first year and $750,000 25.63 the second year are from the trust fund 25.64 to the commissioner of natural 25.65 resources to acquire and develop public 26.1 water access sites statewide, construct 26.2 shore-fishing and pier sites, and 26.3 restore shorelands at public accesses. 26.4 This appropriation is available until 26.5 June 30, 2006, at which time the 26.6 project must be completed and final 26.7 products delivered, unless an earlier 26.8 date is specified in the work program. 26.9 (h) Mesabi Trail 26.10 $190,000 the first year and $190,000 26.11 the second year are from the trust fund 26.12 to the commissioner of natural 26.13 resources for an agreement with St. 26.14 Louis and Lake Counties Regional Rail 26.15 Authority for the sixth biennium to 26.16 acquire and develop segments of the 26.17 Mesabi trail. If a federal grant is 26.18 received, the availability of the 26.19 financing from this paragraph is 26.20 extended to equal the period of the 26.21 federal grant. 26.22 (i) Development and Rehabilitation of 26.23 Minnesota Shooting Ranges 26.24 $120,000 the first year and $120,000 26.25 the second year are from the trust fund 26.26 to the commissioner of natural 26.27 resources to provide technical 26.28 assistance and matching cost-share 26.29 grants to local recreational shooting 26.30 and archery clubs for the purpose of 26.31 developing or rehabilitating shooting 26.32 and archery facilities for public use. 26.33 Recipient facilities must be open to 26.34 the general public at reasonable times 26.35 and for a reasonable fee on a walk-in 26.36 basis. This appropriation is available 26.37 until June 30, 2006, at which time the 26.38 project must be completed and final 26.39 products delivered, unless an earlier 26.40 date is specified in the work program. 26.41 (j) Land Acquisition, Minnesota 26.42 Landscape Arboretum 26.43 $175,000 the first year and $175,000 26.44 the second year are from the trust fund 26.45 to the University of Minnesota for an 26.46 agreement with the University of 26.47 Minnesota Landscape Arboretum 26.48 Foundation for the fifth biennium to 26.49 acquire in-holdings within the 26.50 arboretum's boundary. This 26.51 appropriation must be matched by an 26.52 equal amount of nonstate money. This 26.53 appropriation is available until June 26.54 30, 2006, at which time the project 26.55 must be completed and final products 26.56 delivered, unless an earlier date is 26.57 specified in the work program. 26.58 Subd. 7. Water Resources 998,000 942,000 26.59 Summary by Fund 26.60 Trust Fund 942,000 942,000 26.61 Great Lakes Protection 27.1 Account 56,000 27.2 (a) Local Water Planning Matching 27.3 Challenge Grants 27.4 $222,000 the first year and $222,000 27.5 the second year are from the trust fund 27.6 and $56,000 is from the Great Lakes 27.7 protection account to the board of 27.8 water and soil resources to accelerate 27.9 the local water planning challenge 27.10 grant program under Minnesota Statutes, 27.11 sections 103B.3361 to 103B.3369, 27.12 through matching grants to implement 27.13 high-priority activities in 27.14 comprehensive water management plans, 27.15 plan development guidance, and regional 27.16 resource assessments. For the purposes 27.17 of this paragraph, the match must be a 27.18 nonstate contribution, but may be 27.19 either cash or qualifying in-kind. 27.20 This appropriation is available until 27.21 June 30, 2006, at which time the 27.22 project must be completed and final 27.23 products delivered, unless an earlier 27.24 date is specified in the work program. 27.25 (b) Accelerating and Enhancing Surface 27.26 Water Monitoring for Lakes and Streams 27.27 $370,000 the first year and $370,000 27.28 the second year are from the trust fund 27.29 to the commissioner of the pollution 27.30 control agency for acceleration of 27.31 agency programs and cooperative 27.32 agreements with the Minnesota Lakes 27.33 Association, Rivers Council of 27.34 Minnesota, the Minnesota Initiative 27.35 Foundation, and the University of 27.36 Minnesota to accelerate monitoring 27.37 efforts through assessments, citizen 27.38 training, and implementation grants. 27.39 This appropriation is available until 27.40 June 30, 2006, at which time the 27.41 project must be completed and final 27.42 products delivered, unless an earlier 27.43 date is specified in the work program. 27.44 (c) TAPwaters: Technical Assistance 27.45 Program for Watersheds 27.46 $80,000 the first year and $80,000 the 27.47 second year are from the trust fund to 27.48 the commissioner of natural resources 27.49 for an agreement with the Science 27.50 Museum of Minnesota to assess the St. 27.51 Croix river and its tributaries to 27.52 identify solutions to pollution 27.53 threats. This appropriation is 27.54 available until June 30, 2006, at which 27.55 time the project must be completed and 27.56 final products delivered, unless an 27.57 earlier date is specified in the work 27.58 program. 27.59 (d) Wastewater Phosphorus Control and 27.60 Reduction Initiative 27.61 $270,000 the first year and $270,000 27.62 the second year are from the trust fund 27.63 to the commissioner of the pollution 28.1 control agency to study human causes of 28.2 excess phosphorus and for cooperation 28.3 and an agreement with the Minnesota 28.4 environmental science and economic 28.5 review board to assess phosphorus 28.6 reduction techniques at wastewater 28.7 treatment plants. 28.8 Subd. 8. Land Use and Natural 28.9 Resource Information 691,000 691,000 28.10 Summary by Fund 28.11 Trust Fund 691,000 691,000 28.12 (a) Minnesota County Biological Survey 28.13 $450,000 the first year and $450,000 28.14 the second year are from the trust fund 28.15 to the commissioner of natural 28.16 resources for the ninth biennium to 28.17 accelerate the survey that identifies 28.18 significant natural areas and 28.19 systematically collects and interprets 28.20 data on the distribution and ecology of 28.21 native plant communities, rare plants, 28.22 and rare animals. 28.23 (b) Updating Outmoded Soil Survey 28.24 $118,000 the first year and $118,000 28.25 the second year are from the trust fund 28.26 to the board of water and soil to 28.27 continue updating and digitizing 28.28 outmoded soil surveys in Fillmore, 28.29 Goodhue, Dodge, and Wabasha counties in 28.30 southeast Minnesota. Participating 28.31 counties must provide a cost share as 28.32 reflected in the work program. This 28.33 appropriation is available until June 28.34 30, 2006, at which time the project 28.35 must be completed and final products 28.36 delivered, unless an earlier date is 28.37 specified in the work program. 28.38 (c) Mesabi Iron Range Geologic and 28.39 Hydrologic Map and Databases 28.40 $123,000 the first year and $123,000 28.41 the second year are from the trust 28.42 fund. $58,000 the first year and 28.43 $57,000 the second year of this 28.44 appropriation are to the commissioner 28.45 of natural resources to develop a 28.46 database of hydrogeologic data across 28.47 the Mesabi iron range. $65,000 the 28.48 first year and $66,000 the second year 28.49 are to the Minnesota geological survey 28.50 at the University of Minnesota for 28.51 geologic and hydrogeologic maps of the 28.52 Mesabi iron range. 28.53 Subd. 9. Energy 644,000 125,000 28.54 Summary by Fund 28.55 Trust Fund 125,000 125,000 28.56 Oil Overcharge 28.57 Money 519,000 -0- 29.1 (a) Community Energy Development 29.2 Program 29.3 $519,000 is from the oil overcharge 29.4 money to the commissioner of 29.5 administration for transfer to the 29.6 commissioner of commerce to assist 29.7 communities in identifying 29.8 cost-effective energy projects and 29.9 developing locally owned wind energy 29.10 projects through local wind resource 29.11 assessment and financial assistance. 29.12 (b) Advancing Utilization of Manure 29.13 Methane Digester Electrical Generation 29.14 $125,000 the first year and $125,000 29.15 the second year are from the trust fund 29.16 to the commissioner of agriculture to 29.17 maximize use of manure methane 29.18 digesters by identifying compatible 29.19 waste streams and the feasibility of 29.20 microturbine and fuel cell technologies. 29.21 Subd. 10. Environmental Education 189,000 189,000 29.22 Summary by Fund 29.23 Trust Fund 189,000 189,000 29.24 (a) Dodge Nature Center - Restoration 29.25 Plan 29.26 $41,000 the first year and $42,000 the 29.27 second year are from the trust fund to 29.28 the commissioner of natural resources 29.29 for an agreement with Dodge Nature 29.30 Center for restoration and restoration 29.31 planning. 29.32 (b) Bucks and Buckthorn: Engaging 29.33 Young Hunters in Restoration 29.34 $148,000 the first year and $147,000 29.35 the second year are from the trust fund 29.36 to the commissioner of natural 29.37 resources for agreements with Great 29.38 River Greening, Minnesota Deer Hunters 29.39 Association, and the St. Croix 29.40 Watershed Research Station for a pilot 29.41 program linking hunting and habitat 29.42 restoration opportunities for youth. 29.43 Subd. 11. Children's Environmental 29.44 Health 282,000 283,000 29.45 Summary by Fund 29.46 Trust Fund 282,000 283,000 29.47 (a) Healthy Schools: Indoor Air 29.48 Quality and Asthma Management 29.49 $87,000 the first year and $88,000 the 29.50 second year are from the trust fund to 29.51 the commissioner of health to assist 29.52 school districts with developing and 29.53 implementing effective indoor air 29.54 quality and asthma management plans. 29.55 (b) Economic-based Analysis of 30.1 Children's Environmental Health Risks 30.2 $45,000 the first year and $45,000 the 30.3 second year are from the trust fund to 30.4 the commissioner of health to assess 30.5 economic strategies for children's 30.6 environmental health risks. 30.7 (c) Continuous Indoor Air Quality 30.8 Monitoring in Minnesota Schools 30.9 $150,000 the first year and $150,000 30.10 the second year are from the trust fund 30.11 to the commissioner of natural 30.12 resources for an agreement with Schulte 30.13 Associates, LLC to provide continuous, 30.14 real-time indoor air quality monitoring 30.15 in selected schools. 30.16 Subd. 12. Data Availability 30.17 Requirements 30.18 (a) During the biennium ending June 30, 30.19 2005, data collected by the projects 30.20 funded under this section that have 30.21 value for planning and management of 30.22 natural resource, emergency 30.23 preparedness, and infrastructure 30.24 investments must conform to the 30.25 enterprise information architecture 30.26 developed by the office of technology. 30.27 Spatial data must conform to geographic 30.28 information system guidelines and 30.29 standards outlined in that architecture 30.30 and adopted by the Minnesota geographic 30.31 data clearinghouse at the land 30.32 management information center. A 30.33 description of these data must be made 30.34 available on-line through the 30.35 clearinghouse, and the data themselves 30.36 must be accessible and free to the 30.37 public unless made private under the 30.38 Data Practices Act, Minnesota Statutes, 30.39 chapter 13. 30.40 (b) To the extent practicable, summary 30.41 data and results of projects funded 30.42 under this section should be readily 30.43 accessible on the Internet. 30.44 (c) As part of project expenditures, 30.45 recipients of land acquisition 30.46 appropriations must provide the 30.47 information necessary to update public 30.48 recreation information maps to the 30.49 department of natural resources in the 30.50 specified form. 30.51 Subd. 13. Project Requirements 30.52 It is a condition of acceptance of the 30.53 appropriations in this section that any 30.54 agency or entity receiving the 30.55 appropriation must comply with 30.56 Minnesota Statutes, chapter 116P, and 30.57 vegetation planted must be native to 30.58 Minnesota and preferably of the local 30.59 ecotype unless the work program 30.60 approved by the commission expressly 30.61 allows the planting of species that are 30.62 not native to Minnesota. 31.1 Subd. 14. Match Requirements 31.2 Unless specifically authorized, 31.3 appropriations in this section that 31.4 must be matched and for which the match 31.5 has not been committed by December 31, 31.6 2003, are canceled, and in-kind 31.7 contributions may not be counted as 31.8 matching funds. 31.9 Subd. 15. Payment Conditions and 31.10 Capital Equipment Expenditures 31.11 All agreements, grants, or contracts 31.12 referred to in this section must be 31.13 administered on a reimbursement basis. 31.14 Notwithstanding Minnesota Statutes, 31.15 section 16A.41, expenditures made on or 31.16 after July 1, 2003, or the date the 31.17 work program is approved, whichever is 31.18 later, are eligible for reimbursement 31.19 unless otherwise provided in this 31.20 section. Payment must be made upon 31.21 receiving documentation that 31.22 project-eligible reimbursable amounts 31.23 have been expended, except that 31.24 reasonable amounts may be advanced to 31.25 projects in order to accommodate cash 31.26 flow needs. The advances must be 31.27 approved as part of the work program. 31.28 No expenditures for capital equipment 31.29 or lobbying expenses are allowed unless 31.30 expressly authorized in the project 31.31 work program. 31.32 Subd. 16. Purchase of Recycled and 31.33 Recyclable Materials 31.34 A political subdivision, public or 31.35 private corporation, or other entity 31.36 that receives an appropriation in this 31.37 section must use the appropriation in 31.38 compliance with Minnesota Statutes, 31.39 sections 16B.121 and 16B.122, requiring 31.40 the purchase of recycled, repairable, 31.41 and durable materials; the purchase of 31.42 uncoated paper stock; and the use of 31.43 soy-based ink, the same as if it were a 31.44 state agency. 31.45 Subd. 17. Energy Conservation 31.46 A recipient to whom an appropriation is 31.47 made in this section for a capital 31.48 improvement project shall ensure that 31.49 the project complies with the 31.50 applicable energy conservation 31.51 standards contained in law, including 31.52 Minnesota Statutes, sections 216C.19 31.53 and 216C.20, and rules adopted 31.54 thereunder. The recipient may use the 31.55 energy planning, advocacy, and state 31.56 energy office units of the department 31.57 of commerce to obtain information and 31.58 technical assistance on energy 31.59 conservation and alternative energy 31.60 development relating to the planning 31.61 and construction of the capital 31.62 improvement project. 31.63 Subd. 18. Accessibility 32.1 Structural and nonstructural facilities 32.2 must meet the design standards in the 32.3 Americans with Disability Act (ADA) 32.4 accessibility guidelines. 32.5 Subd. 19. Carryforward 32.6 (a) The availability of the 32.7 appropriations for the following 32.8 projects is extended to June 30, 2004: 32.9 Laws 2001, First Special Session 32.10 chapter 2, section 14, subdivision 4, 32.11 paragraph (b), state fish hatchery 32.12 rehabilitation, paragraph (c), 32.13 enhancing Canada goose hunting and 32.14 management; subdivision 5, paragraph 32.15 (g), McQuade small craft harbor, 32.16 paragraph (i), Gateway trail bridge, 32.17 paragraph (k), Gitchi-Gami state trail, 32.18 paragraph (p), state park and 32.19 recreation area acquisition, paragraph 32.20 (q), LAWCON; subdivision 6, paragraph 32.21 (d), determination of fecal pollution 32.22 sources in Minnesota; subdivision 7, 32.23 paragraph (e), Lake Superior Lakewide 32.24 Management Plan (LaMP); subdivision 8, 32.25 paragraph (b), agricultural land 32.26 preservation, paragraph (d), 32.27 accelerated technology transfer for 32.28 starch-based plastics; and subdivision 32.29 9, improving air quality by using 32.30 biodiesel in generators. 32.31 (b) The availability of the 32.32 appropriation from the trust fund for 32.33 the following project is extended to 32.34 June 30, 2004: Laws 2001, First 32.35 Special Session chapter 2, section 14, 32.36 subdivision 3, paragraph (a), 32.37 legislative commission on Minnesota 32.38 resources. During the 2004-2005 32.39 biennium the legislative commission on 32.40 Minnesota resources is not subject to 32.41 the limitation on uses of funds 32.42 provided under Minnesota Statutes, 32.43 section 16A.281. 32.44 (c) The availability of the 32.45 appropriation for the following project 32.46 is extended to June 30, 2005: Laws 32.47 2001, First Special Session chapter 2, 32.48 section 14, subdivision 7, paragraph 32.49 (a), hydraulic impacts of quarries and 32.50 gravel pits. 32.51 Subd. 20. Future Resources Funds 32.52 Minnesota future resources fund 32.53 appropriations remaining from 32.54 appropriations in Laws 1999, chapter 32.55 231, section 16; and Laws 2001, First 32.56 Special Session chapter 2, section 14, 32.57 as amended in subdivision 19 are 32.58 continued to the date of their 32.59 availability in law. 32.60 Any projects with dollars appropriated 32.61 from the Minnesota future resources 32.62 fund prior to July 1, 2003, continue to 32.63 be subject to the requirements of 32.64 Minnesota Statutes, chapter 116P. 33.1 Sec. 9. [TRANSFER.] 33.2 The commissioner of the pollution control agency shall 33.3 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 33.4 July 30, 2004, from the unreserved balance of the environmental 33.5 fund to the commissioner of finance for cancellation to the 33.6 general fund. 33.7 Sec. 10. Minnesota Statutes 2002, section 17.4988, is 33.8 amended to read: 33.9 17.4988 [LICENSE AND INSPECTION FEES.] 33.10 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 33.11 license must be issued by the commissioner if the requirements 33.12 of law are met and the license and permit fees specified in this 33.13 section are paid. 33.14 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 33.15 an aquatic farming license is$70$210. 33.16 (b) The aquatic farming license may contain endorsements 33.17 for the rights and privileges of the following licenses under 33.18 the game and fish laws. The endorsement must be made upon 33.19 payment of the license fee prescribed in section 97A.475 for the 33.20 following licenses: 33.21 (1) minnow dealer license; 33.22 (2) minnow retailer license for sale of minnows as bait; 33.23 (3) minnow exporting license; 33.24 (4) aquatic farm vehicle endorsement, which includes a 33.25 minnow dealer vehicle license, a minnow retailer vehicle 33.26 license, an exporting minnow vehicle license, and a fish vendor 33.27 license; 33.28 (5) sucker egg taking license; and 33.29 (6) game fish packers license. 33.30 Subd. 3. [INSPECTION FEES.] The fees for the following 33.31 inspections are: 33.32 (1) initial inspection of each water to be licensed, $50; 33.33 (2) fish health inspection and certification,$20$60 plus 33.34$100$150 per lot thereafter; and 33.35 (3) initial inspection for containment and quarantine 33.36 facility inspections,$50$100. 34.1 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 34.2 commercial aquarium facility must have a commercial aquarium 34.3 facility license issued by the commissioner if the facility 34.4 contains species of aquatic life that are for sale and that are 34.5 present in waters of the state. The commissioner may require an 34.6 aquarium facility license for aquarium facilities importing or 34.7 holding species of aquatic life that are for sale and that are 34.8 not present in Minnesota if those species can survive in waters 34.9 of the state. The fee for an aquarium facility license 34.10 is$19$90. 34.11 (b) Game fish transferred by an aquarium facility must be 34.12 accompanied by a receipt containing the information required on 34.13 a shipping document by section 17.4985, subdivision 3, paragraph 34.14 (b). 34.15 [EFFECTIVE DATE.] This section is effective March 1, 2004. 34.16 Sec. 11. Minnesota Statutes 2002, section 84.027, 34.17 subdivision 13, is amended to read: 34.18 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 34.19 natural resources may adopt rules under sections 97A.0451 to 34.20 97A.0459 and this subdivision that are authorized under: 34.21 (1) chapters 97A, 97B, and 97C to set open seasons and 34.22 areas, to close seasons and areas, to select hunters for areas, 34.23 to provide for tagging and registration of game, to prohibit or 34.24 allow taking of wild animals to protect a species, to prevent or 34.25 control wildlife disease, and to prohibit or allow importation, 34.26 transportation, or possession of a wild animal; 34.27 (2) sections 84.093, 84.15, and 84.152 to set seasons for 34.28 harvesting wild ginseng roots and wild rice and to restrict or 34.29 prohibit harvesting in designated areas; and 34.30 (3) section 84D.12 to designate prohibited exotic species, 34.31 regulated exotic species, unregulated exotic species, and 34.32 infested waters. 34.33 (b) If conditions exist that do not allow the commissioner 34.34 to comply with sections 97A.0451 to 97A.0459, the commissioner 34.35 may adopt a rule under this subdivision by submitting the rule 34.36 to the attorney general for review under section 97A.0455, 35.1 publishing a notice in the State Register and filing the rule 35.2 with the secretary of state and the legislative coordinating 35.3 commission, and complying with section 97A.0459, and including a 35.4 statement of the emergency conditions and a copy of the rule in 35.5 the notice. The notice may be published after it is received 35.6 from the attorney general or five business days after it is 35.7 submitted to the attorney general, whichever is earlier. 35.8 (c) Rules adopted under paragraph (b) are effective upon 35.9 publishing in the State Register and may be effective up to 35.10 seven days before publishing and filing under paragraph (b), if: 35.11 (1) the commissioner of natural resources determines that 35.12 an emergency exists; 35.13 (2) the attorney general approves the rule; and 35.14 (3) for a rule that affects more than three counties the 35.15 commissioner publishes the rule once in a legal newspaper 35.16 published in Minneapolis, St. Paul, and Duluth, or for a rule 35.17 that affects three or fewer counties the commissioner publishes 35.18 the rule once in a legal newspaper in each of the affected 35.19 counties. 35.20 (d) Except as provided in paragraph (e), a rule published 35.21 under paragraph (c), clause (3), may not be effective earlier 35.22 than seven days after publication. 35.23 (e) A rule published under paragraph (c), clause (3), may 35.24 be effective the day the rule is published if the commissioner 35.25 gives notice and holds a public hearing on the rule within 15 35.26 days before publication. 35.27 (f) The commissioner shall attempt to notify persons or 35.28 groups of persons affected by rules adopted under paragraphs (b) 35.29 and (c) by public announcements, posting, and other appropriate 35.30 means as determined by the commissioner. 35.31 (g) Notwithstanding section 97A.0458, a rule adopted under 35.32 this subdivision is effective for the period stated in the 35.33 notice but not longer than 18 months after the rule is adopted. 35.34 Sec. 12. Minnesota Statutes 2002, section 84.029, 35.35 subdivision 1, is amended to read: 35.36 Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 36.1 AND OPERATION.] In addition to other lawful authority, the 36.2 commissioner of natural resources may establish, develop, 36.3 maintain, and operate recreational areas, including but not 36.4 limited to trails and canoe routes, for the use and enjoyment of 36.5 the public on any state-owned or leased land under the 36.6 commissioner's jurisdiction.Each employee of the department of36.7natural resources, while engaged in employment in connection36.8with such recreational areas, has and possesses the authority36.9and power of a peace officer when so designated by the36.10commissionerThe commissioner may employ and designate 36.11 individuals according to section 85.04 to enforce laws governing 36.12 the use of recreational areas. 36.13 Sec. 13. Minnesota Statutes 2002, section 84.085, 36.14 subdivision 1, is amended to read: 36.15 Subdivision 1. [AUTHORITY.] (a) The commissioner of 36.16 natural resources may accept for and on behalf of the state any 36.17 gift, bequest, devise, or grants of lands or interest in lands 36.18 or personal property of any kind or of money tendered to the 36.19 state for any purpose pertaining to the activities of the 36.20 department or any of its divisions. Any money so received is 36.21 hereby appropriated and dedicated for the purpose for which it 36.22 is granted. Lands and interests in lands so received may be 36.23 sold or exchanged as provided in chapter 94. 36.24 (b) The commissioner of natural resources, on behalf of the 36.25 state, may accept and use grants of money or property from the 36.26 United States or other grantors for conservation purposes not 36.27 inconsistent with the laws of this state. Any money or property 36.28 so received is hereby appropriated and dedicated for the 36.29 purposes for which it is granted, and shall be expended or used 36.30 solely for such purposes in accordance with the federal laws and 36.31 regulations pertaining thereto, subject to applicable state laws 36.32 and rules as to manner of expenditure or use providing that the 36.33 commissioner may make subgrants of any money received to other 36.34 agencies, units of local government, private individuals, 36.35 private organizations, and private nonprofit corporations. 36.36 Appropriate funds and accounts shall be maintained by the 37.1 commissioner of finance to secure compliance with this section. 37.2 (c) The commissioner may accept for and on behalf of the 37.3 permanent school fund a donation of lands, interest in lands, or 37.4 improvements on lands. A donation so received shall become 37.5 state property, be classified as school trust land as defined in 37.6 section 92.025, and be managed consistent with section 127A.31. 37.7 Sec. 14. Minnesota Statutes 2002, section 84.091, 37.8 subdivision 2, is amended to read: 37.9 Subd. 2. [LICENSE REQUIRED; EXCEPTION.] (a) Except as 37.10 provided in paragraph (b), a person may not harvest, buy, sell, 37.11 transport, or possess aquatic plants without a license required 37.12 under this chapter. A license shall be issued in the same 37.13 manner as provided under the game and fish laws. 37.14 (b) A resident under the age of1618 years may harvest 37.15 wild rice without a license, if accompanied by a person with a 37.16 wild rice license. 37.17 [EFFECTIVE DATE.] This section is effective March 1, 2004. 37.18 Sec. 15. Minnesota Statutes 2002, section 84.091, 37.19 subdivision 3, is amended to read: 37.20 Subd. 3. [LICENSE FEES.] (a) The fees for the following 37.21 licenses, to be issued to residents only, are: 37.22 (1) for harvesting wild rice, $12.50: 37.23 (i) for a season, $25; and 37.24 (ii) for one day, $15; 37.25 (2) for buying and selling wild ginseng, $5; 37.26 (3) for a wild rice dealer's license to buy and sell 50,000 37.27 pounds or less, $70; and 37.28 (4) for a wild rice dealer's license to buy and sell more 37.29 than 50,000 pounds, $250. 37.30 (b) The fee for a nonresident one-day license to harvest 37.31 wild rice is $30. 37.32 (c) The weight of the wild rice shall be determined in its 37.33 raw state. 37.34 [EFFECTIVE DATE.] This section is effective March 1, 2004. 37.35 Sec. 16. Minnesota Statutes 2002, section 84.0911, is 37.36 amended to read: 38.1 84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 38.2 Subdivision 1. [ESTABLISHMENTACCOUNT ESTABLISHED.] The 38.3 wild rice management account is established as an account in the 38.4state treasurygame and fish fund. 38.5 Subd. 2. [RECEIPTS.] Money received from the sale of wild 38.6 rice licenses issued by the commissioner under section 84.091, 38.7 subdivision 3, paragraph (a), clauses (1)and, (3), and (4), and 38.8 subdivision 3, paragraph (b), shall be credited to the wild rice 38.9 management account. 38.10 Subd. 3. [USE OF MONEY IN ACCOUNT.](a)Money in the wild 38.11 rice management accountshall be used byis annually 38.12 appropriated to the commissioner and shall be used for 38.13 management of designated public waters to improve natural wild 38.14 rice production. 38.15(b) Money that is not appropriated from the wild rice38.16management account does not cancel but shall remain in the wild38.17rice management account until appropriated.38.18 Sec. 17. Minnesota Statutes 2002, section 84.415, is 38.19 amended by adding a subdivision to read: 38.20 Subd. 1a. [UTILITY LICENSES ACROSS STATE LANDS AND 38.21 WATERS.] The commissioner may grant permanent licenses 38.22 permitting the passage of utilities across state land or public 38.23 waters under the commissioner's jurisdiction. For purposes of 38.24 this section, "utilities" include: telephone, electric power, 38.25 and fiber optic lines, cables or conduits, underground or 38.26 otherwise; and mains or pipelines for gas, liquids, or solids in 38.27 suspension. 38.28 Sec. 18. Minnesota Statutes 2002, section 84.415, is 38.29 amended by adding a subdivision to read: 38.30 Subd. 3a. [APPLICATION; FORM AND FEE.] The applicant must 38.31 complete and submit, in writing or electronically, an 38.32 application on a form provided by the commissioner. The 38.33 applicant shall include a fee of $500 with each application for 38.34 a license, except that if the number of crossings is greater 38.35 than ten, the application fee must be increased by an additional 38.36 $50 per crossing. 39.1 Application fees must not be refunded if the application is 39.2 withdrawn. The application fee must be deposited into the 39.3 general fund. 39.4 Sec. 19. Minnesota Statutes 2002, section 84.415, 39.5 subdivision 4, is amended to read: 39.6 Subd. 4. [ATTORNEY GENERAL, DUTIES; LICENSE FORM.] The 39.7 licenseor permitto be granted shall be in a form to be 39.8 prescribed by the attorney general;, shall describe the location 39.9 of the licenseor permit therebygranted, and shall continue 39.10 until canceled by the commissioner, subject to change or39.11modification as herein provided. The license must: 39.12 (1) provide that the crossing must be designed, 39.13 constructed, and maintained so that the ongoing use is 39.14 compatible with surrounding land uses and does not cause 39.15 significant adverse environmental or natural resource management 39.16 impacts as determined by the commissioner; 39.17 (2) provide that the license reverts to the state in the 39.18 event of nonuse for one year, with the holder required to notify 39.19 the state upon abandonment; 39.20 (3) provide that the license runs with the land or public 39.21 waters and extend to and bind heirs, successors, and assigns of 39.22 the respective parties to the license; 39.23 (4) provide that a license may add capacity during the life 39.24 of the license without payment of an additional fee; and 39.25 (5) include other terms and conditions of use as necessary 39.26 and appropriate under the circumstances. 39.27 Sec. 20. Minnesota Statutes 2002, section 84.415, 39.28 subdivision 5, is amended to read: 39.29 Subd. 5. [FEEFEES.] (a) In addition to the application 39.30 fee, a onetime utility crossing fee must be paid to secure a 39.31 license as follows: 39.32 (1) if the utility license is for a crossing of state land, 39.33 the fee equals the acreage of the occupied corridor times the 39.34 estimated market value as determined by the commissioner. The 39.35 minimum corridor width for the calculation is ten feet; and 39.36 (2) if the utility license is for a crossing of public 40.1 waters, the fee must be determined as follows: 40.2 (i) if the utility is a cable lying on a public waters bed, 40.3 the fee is $100 for the first 100 linear feet, or portion 40.4 thereof, and 50 cents per linear foot for each foot in excess of 40.5 100 linear feet; 40.6 (ii) if the commissioner determines that the crossing will 40.7 have a low impact by not disturbing the public waters bed and 40.8 not resulting in exposed lines suspended over public waters, the 40.9 fee is $100 for the first 100 linear feet, or portion thereof, 40.10 and 25 cents per foot for each foot in excess of 100 linear 40.11 feet; and 40.12 (iii) for all other crossings of public waters, if the 40.13 corridor width is: 40.14 (A) ten feet or less, the fee is $200 for the first 100 40.15 linear feet, or portion thereof, and 50 cents per foot for each 40.16 foot in excess of 100 linear feet; and 40.17 (B) greater than ten feet, the fee is $300 for the first 40.18 100 linear feet, or portion thereof, and 75 cents for each foot 40.19 in excess of 100 linear feet; and 40.20 (3) if the license is adding corridor width to an existing 40.21 licensed corridor, the fee must be calculated only on the 40.22 additional area. 40.23 (b) In the event the construction of such lines causes 40.24 damage to timber or other property of the state on or along the 40.25 same, the licenseor permit shallmust also provide for payment 40.26 to the state treasurer ofthean amountthereof as may be40.27 determined by the commissioner. The commissioner may charge for 40.28 costs incurred to investigate damages to the property of the 40.29 state by construction of a utility crossing and for costs 40.30 incurred to investigate a utility crossing that was constructed 40.31 without first applying for the license. This payment must be 40.32 deposited in the general fund. 40.33 (c) All money received undersuchparagraph (a) for 40.34 licensesor permitscrossing state lands shall be credited to 40.35 the fund to which other income or proceeds of sale fromsuchthe 40.36 land would be credited, ifprovision therefor beprovisions were 41.1 made by law, otherwise to the general fund. All money received 41.2 under paragraph (a) for licenses crossing public waters must be 41.3 credited to the permanent school fund. 41.4 Sec. 21. Minnesota Statutes 2002, section 84.415, is 41.5 amended by adding a subdivision to read: 41.6 Subd. 6. [LICENSE MODIFICATION.] Any utility license 41.7 issued before July 1, 2003, and remaining in force may be 41.8 modified by the commissioner of natural resources to conform 41.9 with this section, upon application of the holder of the license. 41.10 The onetime utility crossing fee for the new license must be 41.11 adjusted by a credit equal to: (1) the amount of the fee paid 41.12 under the original license, times (2) a fraction, the numerator 41.13 of which is the number of calendar years remaining during the 41.14 term of the original license, and the denominator of which is 41.15 the number of years of the term of the original license. 41.16 Sec. 22. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 41.17 CONSERVATION GRANT PROGRAM.] 41.18 Subdivision 1. [CREATION; DEFINITION.] (a) For the 41.19 purposes of this section, "off-highway vehicle" means: 41.20 (1) an off-highway motorcycle as defined under section 41.21 84.787, subdivision 7; 41.22 (2) an off-road vehicle as defined under section 84.797, 41.23 subdivision 7; or 41.24 (3) an all-terrain vehicle as defined under section 84.92, 41.25 subdivision 8. 41.26 (b) The commissioner of natural resources shall establish 41.27 an off-highway vehicle safety and conservation grant program to 41.28 award grants to organizations that meet the eligibility 41.29 requirements under subdivision 3. 41.30 Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle 41.31 safety and conservation grant program is to encourage 41.32 off-highway vehicle clubs to assist in safety and environmental 41.33 education and in improving, maintaining, and monitoring trails 41.34 on state forest land and other public lands. 41.35 Subd. 3. [ELIGIBILITY.] To be eligible for a grant under 41.36 this section, an organization must: 42.1 (1) be a statewide organization that has been in existence 42.2 at least five years and that promotes the operation of 42.3 off-highway vehicles in a manner that is safe, responsible, and 42.4 does not harm the environment; 42.5 (2) promote the operation of off-highway vehicles in a 42.6 manner that does not conflict with the laws and rules that 42.7 relate to the operation of off-highway vehicles; 42.8 (3) have an interest limited to the operation of motorized 42.9 vehicles on motorized trails and other designated areas; 42.10 (4) have a board of directors that has 80 percent of its 42.11 members who are representatives of all-terrain vehicle clubs, 42.12 off-highway motorcycle clubs, or off-road vehicle clubs; and 42.13 (5) provide support to off-highway vehicle clubs. 42.14 Subd. 4. [USE OF GRANTS.] An organization receiving a 42.15 grant under this section shall use the grant money to promote 42.16 and provide support to the department of natural resources by: 42.17 (1) encouraging off-highway vehicle clubs to assist in 42.18 improving, maintaining, and monitoring trails on state forest 42.19 land and other public lands; 42.20 (2) providing assistance to the department in locating, 42.21 recruiting, and training instructors; 42.22 (3) assisting the commissioner and the director of tourism 42.23 in creating an outreach program to inform local communities of 42.24 appropriate off-highway vehicle use in their communities and of 42.25 the economic benefits that may be gained from promoting tourism 42.26 to attract off-highway vehicles; 42.27 (4) publishing a manual in cooperation with the 42.28 commissioner that will be used to train volunteers in monitoring 42.29 the operation of off-highway vehicles for safety, environmental, 42.30 and other issues that relate to the responsible operation of 42.31 off-highway vehicles; and 42.32 (5) collecting data on the operation of off-highway 42.33 vehicles in the state. 42.34 Sec. 23. Minnesota Statutes 2002, section 84.788, 42.35 subdivision 2, is amended to read: 42.36 Subd. 2. [EXEMPTIONS.] Registration is not required for 43.1 off-highway motorcycles: 43.2 (1) owned and used by the United States, the state, another 43.3 state, or a political subdivision; 43.4 (2) registered in another state or country that have not 43.5 been within this state for more than 30 consecutive days; or 43.6 (3)used exclusively in organized track racing events;43.7(4) being used on private land with the permission of the43.8landowner; or43.9(5)registered under chapter 168, when operated on forest 43.10 roads to gain access to a state forest campground. 43.11 Sec. 24. Minnesota Statutes 2002, section 84.788, 43.12 subdivision 3, is amended to read: 43.13 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 43.14 for registration or continued registration must be made to the 43.15 commissioner or an authorized deputy registrar of motor vehicles 43.16 in a form prescribed by the commissioner. The form must state 43.17 the name and address of every owner of the off-highway 43.18 motorcycle. 43.19 (b) A person who purchases from a retail dealer an 43.20 off-highway motorcyclethat is intended to be operated on public43.21lands or watersshall make application for registration to the 43.22 dealer at the point of sale. The dealer shall issue a temporary 43.23 ten-day registration permit to each purchaser who applies to the 43.24 dealer for registration. The dealer shall submit the completed 43.25 registration applications and fees to the deputy registrar at 43.26 least once each week. No fee may be charged by a dealer to a 43.27 purchaser for providing the temporary permit. 43.28 (c) Upon receipt of the application and the appropriate 43.29 fee, the commissioner or deputy registrar shall issue to the 43.30 applicant, or provide to the dealer, a 60-day temporary receipt 43.31 and shall assign a registration number that must be affixed to 43.32 the motorcycle in a manner prescribed by the commissioner. A 43.33 dealer subject to paragraph (b) shall provide the registration 43.34 materials and temporary receipt to the purchaser within the 43.35 ten-day temporary permit period. 43.36 (d) The commissioner shall develop a registration system to 44.1 register vehicles under this section. A deputy registrar of 44.2 motor vehicles acting under section 168.33, is also a deputy 44.3 registrar of off-highway motorcycles. The commissioner of 44.4 natural resources in agreement with the commissioner of public 44.5 safety may prescribe the accounting and procedural requirements 44.6 necessary to ensure efficient handling of registrations and 44.7 registration fees. Deputy registrars shall strictly comply with 44.8 the accounting and procedural requirements. A fee of $2 in 44.9 addition to other fees prescribed by law is charged for each 44.10 off-highway motorcycle registered by: 44.11 (1) a deputy registrar and must be deposited in the 44.12 treasury of the jurisdiction where the deputy is appointed, or 44.13 kept if the deputy is not a public official; or 44.14 (2) the commissioner and must be deposited in the state 44.15 treasury and credited to the off-highway motorcycle account. 44.16 Sec. 25. Minnesota Statutes 2002, section 84.794, 44.17 subdivision 2, is amended to read: 44.18 Subd. 2. [PURPOSES.] (a) Subject to appropriation by the 44.19 legislature, money in the off-highway motorcycle account may 44.20 only be spent for: 44.21 (1) administration, enforcement, and implementation of 44.22 sections 84.787 to 84.796; 44.23 (2) acquisition, maintenance, and development of 44.24 off-highway motorcycle trails and use areas;and44.25 (3) grants-in-aid to counties and municipalities to 44.26 construct and maintain off-highway motorcycle trails and use 44.27 areas; and 44.28 (4) enforcement and public education grants to local law 44.29 enforcement agencies. 44.30 (b) The distribution of funds made available for 44.31 grants-in-aid must be guided by the statewide comprehensive 44.32 outdoor recreation plan. 44.33 Sec. 26. Minnesota Statutes 2002, section 84.803, 44.34 subdivision 2, is amended to read: 44.35 Subd. 2. [PURPOSES.] Subject to appropriation by the 44.36 legislature, money in the off-road vehicle account may only be 45.1 spent for: 45.2 (1) administration, enforcement, and implementation of 45.3 sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 45.4 section 18; 45.5 (2) acquisition, maintenance, and development of off-road 45.6 vehicle trails and use areas; 45.7 (3) grant-in-aid programs to counties and municipalities to 45.8 construct and maintain off-road vehicle trails and use areas; 45.9and45.10 (4) grants-in-aid to local safety programs; and 45.11 (5) enforcement and public education grants to local law 45.12 enforcement agencies. 45.13 Sec. 27. [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND 45.14 TRAILS.] 45.15 (a) For the purpose of this section, "off-highway vehicle" 45.16 has the meaning given in section 84.785. 45.17 (b) All forest roads and trails open to use by off-highway 45.18 vehicles on the effective date of this section must remain open 45.19 to use by off-highway vehicles, unless after a detailed field 45.20 analysis the commissioner determines the trail is inappropriate 45.21 for off-highway vehicle use. The commissioner of natural 45.22 resources may permanently close a forest road or trail to 45.23 off-highway vehicle use only after completing the five-step 45.24 public review process as provided in the department of natural 45.25 resources publication titled: "Off-Highway Vehicle System 45.26 Planning, Project Implementation and Review: (Revised 45.27 01/07/03)." 45.28 Sec. 28. Minnesota Statutes 2002, section 84.92, 45.29 subdivision 8, is amended to read: 45.30 Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 45.31 "vehicle" means a motorized flotation-tired vehicle of not less 45.32 than three low pressure tires, but not more than six tires, that 45.33 is limited in engine displacement of less than 800 cubic 45.34 centimeters and total dry weight less than800900 pounds. 45.35 Sec. 29. Minnesota Statutes 2002, section 84.927, 45.36 subdivision 2, is amended to read: 46.1 Subd. 2. [PURPOSES.] Subject to appropriation by the 46.2 legislature, money in the all-terrain vehicle account may only 46.3 be spent for: 46.4 (1) the education and training program under section 46.5 84.925; 46.6 (2) administration, enforcement, and implementation of 46.7 sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 46.8 and 10; 46.9 (3) acquisition, maintenance, and development of vehicle 46.10 trails and use areas; 46.11 (4) grant-in-aid programs to counties and municipalities to 46.12 construct and maintain all-terrain vehicle trails and use areas; 46.13and46.14 (5) grants-in-aid to local safety programs; and 46.15 (6) enforcement and public education grants to local law 46.16 enforcement agencies. 46.17 The distribution of funds made available through 46.18 grant-in-aid programs must be guided by the statewide 46.19 comprehensive outdoor recreation plan. 46.20 Sec. 30. [84.991] [MINNESOTA CONSERVATION CORPS.] 46.21 Subdivision 1. [TRANSFER.] (a) The Minnesota conservation 46.22 corps is moved to the friends of the Minnesota conservation 46.23 corps, an existing nonprofit corporation under section 501(c)(3) 46.24 of the Internal Revenue Code of 1986, as amended, doing business 46.25 as the Minnesota conservation corps under the supervision of a 46.26 board of directors. 46.27 (b) The expenditure of state funds by the Minnesota 46.28 conservation corps is subject to audit by the legislative 46.29 auditor and regular annual report to the legislature in general 46.30 and specifically to the house of representatives and senate 46.31 committees with jurisdiction over environment and natural 46.32 resources policy and finance. 46.33 Subd. 2. [STAFF; CORPS MEMBERS.] (a) Staff employed by the 46.34 Minnesota conservation corps are not state employees, but, at 46.35 the option of the board of directors of the nonprofit 46.36 corporation and at the expense of the corporation or its staff, 47.1 may participate in state retirement and deferred compensation, 47.2 that apply to state employees. 47.3 (b) Employment as a Minnesota conservation corps member is 47.4 noncovered employment for purposes of eligibility for 47.5 unemployment benefits under chapter 268. 47.6 (c) The Minnesota conservation corps is authorized to 47.7 continue to have staff and corps members participate in the 47.8 state of Minnesota workers' compensation program through the 47.9 department of natural resources. Staff and corps members' claim 47.10 and administrative costs must be allocated and set annually by 47.11 the department of natural resources in a manner that is 47.12 consistent with how these costs are allocated across that 47.13 agency's operations. The friends of the Minnesota conservation 47.14 corps shall establish and follow loss-control strategies that 47.15 are consistent with loss-control activities of the department of 47.16 natural resources. In the event that the friends of the 47.17 Minnesota conservation corps becomes insolvent or cannot 47.18 otherwise fund its claim and administrative costs, liability for 47.19 these costs shall be assumed by the department of natural 47.20 resources. 47.21 (d) The Minnesota conservation corps is a training and 47.22 service program and exempt from Minnesota prevailing wage 47.23 guidelines. 47.24 Subd. 3. [STATE AND OTHER AGENCY COLLABORATION.] The 47.25 departments of natural resources, agriculture, public safety, 47.26 transportation, and other appropriate state agencies must 47.27 constructively collaborate with the Minnesota conservation corps. 47.28 Subd. 4. [EQUIPMENT AND SERVICE PURCHASES; STATE 47.29 CONTRACTS.] The Minnesota conservation corps may purchase or 47.30 lease equipment and services, including fleet, through state 47.31 contracts administered by the commissioner of administration or 47.32 the department of natural resources. 47.33 Subd. 5. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 47.34 PROJECTS.] Each employing state or local agency must certify 47.35 that the assignment of Minnesota conservation corps members will 47.36 not result in the displacement of currently employed workers or 48.1 workers on seasonal layoff, including partial displacement such 48.2 as reduction in hours of nonovertime work, wages, or other 48.3 employment benefits. Supervising agencies that participate in 48.4 the program may not terminate, lay off, reduce the seasonal 48.5 hours, or reduce the working hours of any employee for the 48.6 purpose of using a corps member with available funds. The 48.7 positions and job duties of corps members employed in projects 48.8 shall be submitted to affected exclusive representatives prior 48.9 to actual assignment. 48.10 Sec. 31. Minnesota Statutes 2002, section 84A.02, is 48.11 amended to read: 48.12 84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 48.13 (a) The department of natural resources shall manage and 48.14 control the Red Lake game preserve. The department may adopt 48.15 and enforce rules for the care, preservation, protection, 48.16 breeding, propagation, and disposition of all species of 48.17 wildlife in the preserve. The department may adopt and enforce 48.18 rules for the regulation, issuance, sale, and revocation of 48.19 special licenses or special permits for hunting, fishing, 48.20 camping, and other uses of this area, consistent with sections 48.21 84A.01 to 84A.11. The department may by rule set the terms, 48.22 conditions, and charges for these licenses and permits. 48.23 (b) The rules may specify and control the terms under which 48.24 wildlife may be taken, captured, or killed in the preserve, and 48.25 under which fur-bearing animals, or animals and fish otherwise 48.26 having commercial value, may be taken, captured, trapped, 48.27 killed, sold, and removed from it. These rules may also provide 48.28 for (1) the afforestation and reforestation of state lands in 48.29 the preserve, (2) the sale of merchantable timber from these 48.30 lands when, in the opinion of the department, it can be sold and 48.31 removed without damage or injury to the further use and 48.32 development of the land for wildlife and game in the preserve, 48.33 and (3) the purposes for which the preserve is established by 48.34 sections 84A.01 to 84A.11. 48.35 (c) The department may provide for the policing of the 48.36 preserve as necessary for its proper development and use for the 49.1 purposes specified.Supervisors, guards, custodians, and49.2caretakers assigned to duty in the preserve have the powers of49.3peace officers while in their employmentThe commissioner of 49.4 natural resources may employ and designate individuals according 49.5 to section 85.04 to enforce laws governing the use of the 49.6 preserve. 49.7 (d) The department shall also adopt and enforce rules 49.8 concerning the burning of grass, timber slashings, and other 49.9 flammable matter, and the clearing, development, and use of 49.10 lands in the preserve as necessary to prevent forest fires and 49.11 grass fires that would injure the use and development of this 49.12 area for wildlife preservation and propagation and to protect 49.13 its forest and wooded areas. 49.14 (e) Lands within the preserve are subject to the rules, 49.15 whether owned by the state or privately, consistent with the 49.16 rights of the private owners and with applicable state law. The 49.17 rules may establish areas and zones within the preserve where 49.18 hunting, fishing, trapping, or camping is prohibited or 49.19 specially regulated, to protect and propagate particular 49.20 wildlife in the preserve. 49.21 (f) Rules adopted under sections 84A.01 to 84A.11 must be 49.22 posted on the boundaries of the preserve. 49.23 Sec. 32. Minnesota Statutes 2002, section 84A.21, is 49.24 amended to read: 49.25 84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 49.26 (a) The department shall manage and control each project 49.27 approved and accepted under section 84A.20. The department may 49.28 adopt and enforce rules for the purposes in section 84A.20, 49.29 subdivision 1, for the prevention of forest fires in the 49.30 projects, and for the sale of merchantable timber from lands so 49.31 acquired by the state when, in the opinion of the department, 49.32 the timber may be sold and removed without damage to the project. 49.33 (b) These rules may relate to the care, preservation, 49.34 protection, breeding, propagation, and disposition of any 49.35 species of wildlife in the project and the regulation, issuance, 49.36 sale, and revocation of special licenses or special permits for 50.1 hunting, fishing, camping, and other uses of the areas 50.2 consistent with applicable state law. 50.3 (c) The department may provide for the policing of each 50.4 project as needed for the proper development, use, and 50.5 protection of the project and its purposes.Supervisors,50.6guards, custodians, and caretakers assigned to duty in any50.7project have the powers of peace officers while employed by the50.8departmentThe commissioner of natural resources may employ and 50.9 designate individuals according to section 85.04 to enforce laws 50.10 governing the use of the projects. 50.11 (d) Lands within a project are subject to these rules, 50.12 whether owned by the state or privately, consistent with the 50.13 rights of the private owners or with applicable state law. The 50.14 rules must be published once in one qualified newspaper in each 50.15 county affected and take effect after publication. They must 50.16 also be posted on the boundaries of each project affected. 50.17 Sec. 33. Minnesota Statutes 2002, section 84A.32, 50.18 subdivision 1, is amended to read: 50.19 Subdivision 1. [RULES.] (a) The department shall manage 50.20 and control each project approved and accepted under section 50.21 84A.31. The department may adopt and enforce rules for the 50.22 purposes in section 84A.31, subdivision 1, for the prevention of 50.23 forest fires in the projects, and for the sale of merchantable 50.24 timber from lands acquired by the state in the projects when, in 50.25 the opinion of the department, the timber may be sold and 50.26 removed without damage to the purposes of the projects. Rules 50.27 must not interfere with, destroy, or damage any privately owned 50.28 property without just compensation being made to the owner of 50.29 the private property by purchase or in lawful condemnation 50.30 proceedings. The rules may relate to the care, preservation, 50.31 protection, breeding, propagation, and disposition of any 50.32 species of wildlife in the projects and the regulation, 50.33 issuance, sale, and revocation of special licenses or special 50.34 permits for hunting, fishing, camping, or other uses of these 50.35 areas consistent with applicable state law. 50.36 (b) The department may provide for the policing of each 51.1 project as necessary for the proper development, use, and 51.2 protection of the project, and of its purpose.Supervisors,51.3guards, custodians, and caretakers assigned to duty in a project51.4have the powers of peace officers while employed by the51.5departmentThe commissioner of natural resources may employ and 51.6 designate individuals according to section 85.04 to enforce laws 51.7 governing the use of the projects. 51.8 (c) Lands within the project are subject to these rules, 51.9 whether owned by the state, or privately, consistent with the 51.10 constitutional rights of the private owners or with applicable 51.11 state law. The department may exclude from the operation of the 51.12 rules any lands owned by private individuals upon which taxes 51.13 are delinquent for three years or less. Rules must be published 51.14 once in the official newspaper of each county affected and take 51.15 effect 30 days after publication. They must also be posted on 51.16 each of the four corners of each township of each project 51.17 affected. 51.18 (d) In the management, operation, and control of areas 51.19 taken for afforestation, reforestation, flood control projects, 51.20 and wild game and fishing reserves, nothing shall be done that 51.21 will in any manner obstruct or interfere with the operation of 51.22 ditches or drainage systems existing within the areas, or damage 51.23 or destroy existing roads or highways within these areas or 51.24 projects, unless the ditches, drainage systems, roads, or 51.25 highways are first taken under the right of eminent domain and 51.26 compensation made to the property owners and municipalities 51.27 affected and damaged. Each area or project shall contribute 51.28 from the funds of the project, in proportion of the state land 51.29 within the project, for the construction and maintenance of 51.30 roads and highways necessary within the areas and projects to 51.31 give the settlers and private owners within them access to their 51.32 land. The department may construct and maintain roads and 51.33 highways within the areas and projects as it considers necessary. 51.34 Sec. 34. Minnesota Statutes 2002, section 84A.55, 51.35 subdivision 8, is amended to read: 51.36 Subd. 8. [POLICING.] The commissioner may police the game 52.1 preserves, areas, and projects as necessary to carry out this 52.2 section.Persons assigned to the policing have the powers of52.3police officers while so engagedThe commissioner may employ and 52.4 designate individuals according to section 85.04 to enforce laws 52.5 governing the use of the game preserves, areas, and projects. 52.6 Sec. 35. [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL 52.7 PARK.] 52.8 (a) The governor may appoint, except for the legislative 52.9 members, a citizens council on Voyageurs National Park, 52.10 consisting of 17 members as follows: 52.11 (1) four residents of Koochiching county; 52.12 (2) four residents of St. Louis county; 52.13 (3) five residents of the state, at large, from outside 52.14 Koochiching and St. Louis counties; 52.15 (4) two members of the senate to be appointed by the 52.16 committee on committees; 52.17 (5) two members of the house of representatives to be 52.18 appointed by the speaker of the house. 52.19 (b) The governor shall designate one of the appointees to 52.20 serve as chair and the committee may elect other officers that 52.21 it considers necessary. Members shall be appointed so as to 52.22 represent differing viewpoints and interest groups on the 52.23 facilities included in and around the park. Legislative members 52.24 shall serve for the term of the legislative office to which they 52.25 were elected. The terms, compensation and removal of 52.26 nonlegislative members of the council are as provided in section 52.27 15.059. Notwithstanding section 15.059, subdivision 5, the 52.28 council shall continue to exist. 52.29 (c) The executive committee of the council consists of the 52.30 legislative members and the chair. The executive committee 52.31 shall act on matters of personnel, out-of-state trips by members 52.32 of the council, and nonroutine monetary issues. 52.33 (d) The committee shall conduct meetings and research into 52.34 all matters related to the establishment and operation of 52.35 Voyageurs National Park, and shall make such recommendations to 52.36 the United States National Park Service and other federal and 53.1 state agencies concerned regarding operation of the park as the 53.2 committee deems advisable. A copy of each recommendation shall 53.3 be filed with the legislative reference library. Subject to the 53.4 availability of legislative appropriation or other funding, the 53.5 committee may employ staff and may contract for consulting 53.6 services relating to matters within its authority. 53.7 (e) Money appropriated to provide the payments prescribed 53.8 by this section is appropriated to the commissioner of 53.9 administration. 53.10 Sec. 36. Minnesota Statutes 2002, section 84D.14, is 53.11 amended to read: 53.12 84D.14 [EXEMPTIONS.] 53.13 This chapter does not apply to: 53.14 (1) pathogens and terrestrial arthropodsregulated under53.15sections 18.44 to 18.61; or 53.16 (2) mammals and birds defined by statute as livestock. 53.17 Sec. 37. Minnesota Statutes 2002, section 85.04, is 53.18 amended to read: 53.19 85.04 [ENFORCEMENT EMPLOYEESAS PEACE OFFICERS.] 53.20 Subdivision 1. [PEACE OFFICER EMPLOYMENT.]All53.21supervisors, guards, custodians, keepers, and caretakersThe 53.22 commissioner of natural resources may employ peace officers as 53.23 defined under section 626.84, subdivision 1, paragraph (c), to 53.24 enforce laws governing the use of state parks, state monuments, 53.25 state recreation areas, and state waysidesshall have and53.26possess the authority and powers of peace officers while in53.27their employment. 53.28 Subd. 2. [OTHER EMPLOYEES.] The commissioner may designate 53.29 employees to monitor laws governing the use of state parks, 53.30 state monuments, state recreation areas, state waysides, and 53.31 state forest subareas. The employees shall: 53.32 (1) have citizen arrest powers as defined in sections 53.33 629.37 to 629.39; 53.34 (2) issue warning citations on a form prescribed by the 53.35 commissioner for petty misdemeanor violations and misdemeanor 53.36 offenses; and 54.1 (3) issue a report of violation to be turned over to a 54.2 conservation officer or other peace officer, as defined under 54.3 section 626.84, subdivision 1, paragraph (c), for possible 54.4 charges at the peace officer's discretion. 54.5 Subd. 3. [CITATION AUTHORITY.] Employees under subdivision 54.6 2, when designated by the commissioner, may issue citations in 54.7 lieu of arrest for violations of section 85.45 and Minnesota 54.8 Rules, parts 6100.0600; 6100.0900; 6100.1000; 6100.1100; 54.9 6100.1200; 6100.1250; 6100.1350; 6100.1355; 6100.1600; 54.10 6100.1650; 6100.1700; 6100.1710; 6100.1900, subpart 2; 54.11 6320.0250, subparts 5, 7, 11, 15, 16, 19, and 22; and 6230.0500 54.12 to 6230.1100. 54.13 Sec. 38. Minnesota Statutes 2002, section 85.052, 54.14 subdivision 3, is amended to read: 54.15 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 54.16 An individual using spaces in state parks under subdivision 1, 54.17 clause (2), shall be charged daily rates determined and set by 54.18 the commissioner in a manner and amount consistent with the type 54.19 of facility provided for the accommodation of guests in a 54.20 particular park and with similar facilities offered for tourist 54.21 camping and similar use in the area. 54.22 (b) The fee for special parking spurs, campgrounds for 54.23 automobiles, sites for tent camping, and special auto trailer 54.24 coach parking spaces is one-half of the fee set in paragraph (a) 54.25 on Sunday through Thursday of each week for a physically 54.26 handicapped person: 54.27 (1)an individual age 65 or over who is a resident of the54.28state and who furnishes satisfactory proof of age and residence;54.29(2) a physically handicapped personwith a motor vehicle 54.30 that has special plates issued under section 168.021, 54.31 subdivision 1; or 54.32(3) a physically handicapped person(2) who possesses a 54.33 certificate issued under section 169.345, subdivision 3. 54.34 Sec. 39. Minnesota Statutes 2002, section 85.053, 54.35 subdivision 1, is amended to read: 54.36 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 55.1 commissioner shall prepare and provide state park permits for 55.2 each calendar year that state a motor vehicle may enter and use 55.3 state parks, state recreation areas, and state waysides over 50 55.4 acres in area. State park permits must be available and placed 55.5 on sale byOctoberJanuary 1 ofthe year precedingthe calendar 55.6 year that the permit is valid. A separate motorcycle permit may 55.7 be prepared and provided by the commissioner. 55.8 (b) An annual state park permit must be affixed when 55.9 purchased and may be used from the time it is affixed for a 55.10 12-month period. State park permits in each category must be 55.11 numbered consecutively for each year of issue. 55.12 (c) State park permits shall be issued by employees of the 55.13 division of parks and recreation as designated by the 55.14 commissioner. State park permits also may be consigned to and 55.15 issued by agents designated by the commissioner who are not 55.16 employees of the division of parks and recreation. All proceeds 55.17 from the sale of permits and all unsold permits consigned to 55.18 agents shall be returned to the commissioner at such times as 55.19 the commissioner may direct, but no later than the end of the 55.20 calendar year for which the permits are effective. No part of 55.21 the permit fee may be retained by an agent. An additional 55.22 charge or fee in an amount to be determined by the commissioner, 55.23 but not to exceed four percent of the price of the permit, may 55.24 be collected and retained by an agent for handling or selling 55.25 the permits. 55.26 [EFFECTIVE DATE.] This section is effective the day 55.27 following final enactment. 55.28 Sec. 40. Minnesota Statutes 2002, section 85.055, 55.29 subdivision 1, is amended to read: 55.30 Subdivision 1. [FEES.] The fee for state park permits for: 55.31 (1) an annual use of state parks is$20$25; 55.32 (2) a second vehicle state park permit is$15$18; 55.33 (3) a state park permit valid for one day is$4$7; 55.34 (4) a daily vehicle state park permit for groups is$2$5; 55.35 (5) an employee's state park permit is without charge; and 55.36 (6) a state park permit for handicapped persons under 56.1 section 85.053, subdivision 7, clauses (1) and (2), is $12. 56.2 The fees specified in this subdivision include any sales 56.3 tax required by state law. 56.4 Sec. 41. Minnesota Statutes 2002, section 85A.02, 56.5 subdivision 17, is amended to read: 56.6 Subd. 17. [ADDITIONAL POWERS.] The board may establish a 56.7 schedule of charges for admission to or the use of the Minnesota 56.8 zoological garden or any related facility. Notwithstanding 56.9 section 16A.1283, legislative approval is not required for the 56.10 board to establish a schedule of charges for admission or use of 56.11 the Minnesota zoological garden or related facilities. The 56.12 board shall have a policy admitting elementary school children 56.13 atnoa reduced charge when they are part of an organized school 56.14 activity. The Minnesota zoological garden will offer free 56.15 admission throughout the year to economically disadvantaged 56.16 Minnesota citizens equal to ten percent of the average annual 56.17 attendance. However, the zoo may charge at any time for 56.18 parking, special services, and for admission to special 56.19 facilities for the education, entertainment, or convenience of 56.20 visitors. Notwithstanding section 16C.09, the board may provide 56.21 for the purchase, reproduction, and sale of gifts, souvenirs, 56.22 publications, informational materials, food and beverages, and 56.23 grant concessions for the sale of these items. 56.24 Sec. 42. Minnesota Statutes 2002, section 88.17, 56.25 subdivision 1, is amended to read: 56.26 Subdivision 1. [PERMIT REQUIRED.] A permit to start a fire 56.27 to burn vegetative materials and other materials allowed by 56.28 Minnesota Statutes or official state rules and regulations may 56.29 be given by the commissioner or the commissioner's agent. This 56.30 permission shall be in the form of: 56.31 (1) a written permitsignedissued by a forest 56.32 officer,or fire warden,authorized Minnesota pollution control56.33agent,or other person authorized by theforest officer, or town56.34fire warden, andcommissioner; or 56.35 (2) an electronic permit issued by a department of natural 56.36 resources office or an authorized department of natural 57.1 resources electronic license agent. 57.2 Burning permits shall set the time and conditions by which 57.3 the fire may be started and burned. The permit shall also 57.4 specifically list the materials that may be burned. The 57.5 permittee must have the permit on their person and shall produce 57.6 the permit for inspection when requested to do so by a forest 57.7 officer,town fire warden,conservation officer, or other peace 57.8 officer. The permittee shall remain with the fire at all times 57.9 and before leaving the site shall completely extinguish the 57.10 fire. A person shall not start or cause a fire to be started on 57.11 any land that is not owned or under their legal control without 57.12 the written permission of the owner, lessee, or an agent of the 57.13 owner or lessee of the land. Violating or exceeding the permit 57.14 conditions shall constitute a misdemeanor and shall be cause for 57.15 the permit to be revoked. 57.16 [EFFECTIVE DATE.] This section is effective the day 57.17 following final enactment. 57.18 Sec. 43. Minnesota Statutes 2002, section 88.17, is 57.19 amended by adding a subdivision to read: 57.20 Subd. 2a. [PERMIT FEES.] The annual fee for an electronic 57.21 burning permit is $6 for a single burning event, $12 for up to 57.22 four burning events, and $50 for an expanded use burning permit, 57.23 which includes more burning events or extended burning 57.24 conditions. Money received from permits issued under this 57.25 section must be deposited in the state treasury and credited to 57.26 the special revenue fund and is annually appropriated to the 57.27 commissioner of natural resources for the costs of operating the 57.28 electronic burning permit system. The commissioner shall allow 57.29 an issuing fee of $1, included in the fees in this subdivision, 57.30 to be retained by the permit agent as a commission for selling 57.31 the permits. 57.32 [EFFECTIVE DATE.] This section is effective the day 57.33 following final enactment. 57.34 Sec. 44. Minnesota Statutes 2002, section 97A.015, 57.35 subdivision 24, is amended to read: 57.36 Subd. 24. [GAME BIRDS.] "Game birds" means migratory 58.1 waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 58.2 spruce grouse, prairie chickens, gray partridge, bob-white 58.3 quail, turkeys, coots, gallinules, sora and Virginia rails, 58.4 American woodcock,andcommon snipe, and mourning doves. 58.5 [EFFECTIVE DATE.] This section is effective the day 58.6 following final enactment. 58.7 Sec. 45. Minnesota Statutes 2002, section 97A.015, 58.8 subdivision 52, is amended to read: 58.9 Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means 58.10 English sparrow, blackbird, starling, magpie, cormorant, common 58.11 pigeon, chukar partridge, quail other than bob-white quail, mute 58.12 swan,andgreat horned owl, and Eurasian collared-dove. 58.13 [EFFECTIVE DATE.] This section is effective the day 58.14 following final enactment. 58.15 Sec. 46. Minnesota Statutes 2002, section 97A.045, 58.16 subdivision 7, is amended to read: 58.17 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 58.18 (a) The commissioner shall encourage the purchase of: 58.19 (1) Minnesota migratory waterfowl stamps by nonhunters 58.20 interested in migratory waterfowl preservation and habitat 58.21 development; 58.22 (2) pheasant stamps by persons interested in pheasant 58.23 habitat improvement; 58.24 (3) trout and salmon stamps by persons interested in trout 58.25 and salmon stream and lake improvement;and58.26 (4) turkey stamps by persons interested in wild turkey 58.27 management and habitat improvement; and 58.28 (5) mourning dove stamps by persons interested in dove 58.29 management and habitat improvement. 58.30 (b) The commissioner shall make rules governing contests 58.31 for selecting a design for each stamp, including those stamps 58.32 not required to be in possession while taking game or fish. 58.33 [EFFECTIVE DATE.] This section is effective the day 58.34 following final enactment. 58.35 Sec. 47. Minnesota Statutes 2002, section 97A.045, is 58.36 amended by adding a subdivision to read: 59.1 Subd. 11. [POWER TO PREVENT OR CONTROL WILDLIFE 59.2 DISEASE.] (a) If the commissioner determines that action is 59.3 necessary to prevent or control a wildlife disease, the 59.4 commissioner may prevent or control wildlife disease in a 59.5 species of wild animal in addition to the protection provided by 59.6 the game and fish laws by further limiting, closing, expanding, 59.7 or opening seasons or areas of the state; by reducing or 59.8 increasing limits in areas of the state; by establishing disease 59.9 management zones; by authorizing free licenses; by allowing 59.10 shooting from motor vehicles by persons designated by the 59.11 commissioner; by issuing replacement licenses for sick animals; 59.12 by requiring sample collection from hunter-harvested animals; by 59.13 limiting wild animal possession, transportation, and 59.14 disposition; and by restricting wildlife feeding. 59.15 (b) The commissioner may prevent or control wildlife 59.16 disease in a species of wild animal in the state by emergency 59.17 rule adopted under section 84.027, subdivision 13. 59.18 Sec. 48. Minnesota Statutes 2002, section 97A.071, 59.19 subdivision 2, is amended to read: 59.20 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 59.21 AND LIFETIME LICENSES.] Revenue from the small game surcharge 59.22 and$4$6.50 annually from the lifetime fish and wildlife trust 59.23 fund, established in section 97A.4742, for each license issued 59.24 under sections 97A.473, subdivisions 3 and 5, and 97A.474, 59.25 subdivision 3, shall be credited to the wildlife acquisition 59.26 account and the money in the account shall be used by the 59.27 commissioner only for the purposes of this section, and 59.28 acquisition and development of wildlife lands under section 59.29 97A.145 and maintenance of the lands, in accordance with 59.30 appropriations made by the legislature. 59.31 [EFFECTIVE DATE.] This section is effective March 1, 2004. 59.32 Sec. 49. Minnesota Statutes 2002, section 97A.075, 59.33 subdivision 1, is amended to read: 59.34 Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a) 59.35 For purposes of this subdivision, "deer license" means a license 59.36 issued under section 97A.475, subdivisions 2, clauses (4), (5), 60.1and(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), 60.2 and licenses issued under section 97B.301, subdivision 4. 60.3 (b) At least $2 from each annual deer license and $2 60.4 annually from the lifetime fish and wildlife trust fund, 60.5 established in section 97A.4742, for each license issued under 60.6 section 97A.473, subdivision 4, shall be used for deer habitat 60.7 improvement or deer management programs. 60.8 (c) At least $1 from each annual deer license and each bear 60.9 license and $1 annually from the lifetime fish and wildlife 60.10 trust fund, established in section 97A.4742, for each license 60.11 issued under section 97A.473, subdivision 4, shall be used for 60.12 deer and bear management programs, including a computerized 60.13 licensing system. Fifty cents from each deer license is 60.14 appropriated for emergency deer feeding and wild cervidae health 60.15 managementof chronic wasting disease. Money appropriated for 60.16 emergency deer feeding andmanagement of chronic wasting disease60.17 wild cervidae health management is available until expended. 60.18 When the unencumbered balance in the appropriation for emergency 60.19 deer feeding andchronic wasting diseasewild cervidae health 60.20 management at the end of a fiscal year 60.21 exceeds$1,500,000$2,500,000 for the first time, $750,000 is 60.22 canceled to the unappropriated balance of the game and fish 60.23 fund. The commissioner must inform the legislative chairs of 60.24 the natural resources finance committees every two years on how 60.25 the money forchronic wasting diseaseemergency deer feeding and 60.26 wild cervidae health management has been spent. 60.27 Thereafter, when the unencumbered balance in the 60.28 appropriation for emergency deer feeding and wild cervidae 60.29 health management exceeds$1,500,000$2,500,000 at the end of a 60.30 fiscal year, the unencumbered balance in excess of 60.31$1,500,000$2,500,000 is canceled and available for deer and 60.32 bear management programs and computerized licensing. 60.33 Sec. 50. Minnesota Statutes 2002, section 97A.075, 60.34 subdivision 2, is amended to read: 60.35 Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 60.36 percent of the revenue from the Minnesota migratory waterfowl 61.1 stamps must be credited to the waterfowl habitat improvement 61.2 account. Money in the account may be used only for: 61.3 (1) development of wetlands and lakes in the state and 61.4 designated waterfowl management lakes for maximum migratory 61.5 waterfowl production including habitat evaluation, the 61.6 construction of dikes, water control structures and 61.7 impoundments, nest cover, rough fish barriers, acquisition of 61.8 sites and facilities necessary for development and management of 61.9 existing migratory waterfowl habitat and the designation of 61.10 waters under section 97A.101; 61.11 (2) management of migratory waterfowl; 61.12 (3) development, restoration, maintenance, or preservation 61.13 of migratory waterfowl habitat;and61.14 (4) acquisition of and access to structure sites; and 61.15 (5) the promotion of waterfowl habitat development and 61.16 maintenance, including promotion and evaluation of government 61.17 farm program benefits for waterfowl habitat. 61.18 (b) Money in the account may not be used for costs unless 61.19 they are directly related to a specific parcel of land or body 61.20 of water under paragraph (a), clause (1), (3),or(4), or (5), 61.21 or to specific management activities under paragraph (a), clause 61.22 (2). 61.23 Sec. 51. Minnesota Statutes 2002, section 97A.075, 61.24 subdivision 4, is amended to read: 61.25 Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the 61.26 revenue from pheasant stamps must be credited to the pheasant 61.27 habitat improvement account. Money in the account may be used 61.28 only for: 61.29 (1) the development, restoration, and maintenance of 61.30 suitable habitat for ringnecked pheasants on public and private 61.31 land including the establishment of nesting cover, winter cover, 61.32 and reliable food sources; 61.33 (2) reimbursement of landowners for setting aside lands for 61.34 pheasant habitat; 61.35 (3) reimbursement of expenditures to provide pheasant 61.36 habitat on public and private land;and62.1 (4) the promotion of pheasant habitat development and 62.2 maintenance, including promotion and evaluation of government 62.3 farm program benefits for pheasant habitat; and 62.4 (5) the acquisition of lands suitable for pheasant habitat 62.5 management and public hunting. 62.6 (b) Money in the account may not be used for: 62.7 (1) costs unless they are directly related to a specific 62.8 parcel of land under paragraph (a),clauses62.9 clause (1)to, (3), or (5), or to specific promotional or 62.10 evaluative activities under paragraph (a), clause (4); or 62.11 (2) any personnel costs, except that prior to July 1, 2009, 62.12 personnel may be hired to provide technical and promotional 62.13 assistance for private landowners to implement conservation 62.14 provisions of state and federal programs. 62.15 Sec. 52. Minnesota Statutes 2002, section 97A.075, is 62.16 amended by adding a subdivision to read: 62.17 Subd. 6. [MOURNING DOVE STAMPS.] (a) 90 percent of revenue 62.18 from mourning dove stamps must be credited to the mourning dove 62.19 habitat improvement account. Money in the account may be used 62.20 only for: 62.21 (1) the development, restoration, and maintenance of 62.22 suitable habitat for mourning doves on public and private land 62.23 including establishment of nesting cover and reliable food 62.24 sources; 62.25 (2) acquisitions of, or easements on, mourning dove 62.26 habitat; 62.27 (3) reimbursement of expenditures to provide mourning dove 62.28 habitat on public and private land; and 62.29 (4) the promotion of mourning dove habitat development and 62.30 maintenance, population surveys and monitoring, and research. 62.31 (b) Money in the account may not be used for: 62.32 (1) costs unless they are directly related to a specific 62.33 parcel of land under paragraph (a), clauses (1) to (3), or to 62.34 specific promotional or evaluative activities under paragraph 62.35 (a), clause (4); or 62.36 (2) any permanent personnel costs. 63.1 [EFFECTIVE DATE.] This section is effective the day 63.2 following final enactment. 63.3 Sec. 53. Minnesota Statutes 2002, section 97A.105, 63.4 subdivision 1, is amended to read: 63.5 Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may 63.6 breed and propagate fur-bearing animals, game birds, bear, 63.7moose, elk, caribou,or mute swans, or deeronly on privately 63.8 owned or leased land and after obtaining a license. Any of the 63.9 permitted animals on a game farm may be sold to other licensed 63.10 game farms. "Privately owned or leased land" includes waters 63.11 that are shallow or marshy, are not actually navigable, and are 63.12 not of substantial beneficial public use. Before an application 63.13 for a license is considered, the applicant must enclose the area 63.14 to sufficiently confine the animals to be raised in a manner 63.15 approved by the commissioner. A license may be granted only if 63.16 the commissioner finds the application is made in good faith 63.17 with intention to actually carry on the business described in 63.18 the application and the commissioner determines that the 63.19 facilities are adequate for the business. 63.20 (b) A person may purchase live game birds or their eggs 63.21 without a license if the birds or eggs, or birds hatched from 63.22 the eggs, are released into the wild, consumed, or processed for 63.23 consumption within one year after they were purchased or 63.24 hatched. This paragraph does not apply to the purchase of 63.25 migratory waterfowl or their eggs. 63.26 (c) A person may not introduce mute swans into the wild 63.27 without a permit issued by the commissioner. 63.28 [EFFECTIVE DATE.] This section is effective January 1, 2004. 63.29 Sec. 54. Minnesota Statutes 2002, section 97A.401, 63.30 subdivision 3, is amended to read: 63.31 Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD 63.32 ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 63.33 paragraph (b), special permits may be issued without a fee to 63.34 take, possess, and transport wild animals as pets and for 63.35 scientific, educational, rehabilitative, wildlife disease 63.36 prevention and control, and exhibition purposes. The 64.1 commissioner shall prescribe the conditions for taking, 64.2 possessing, transporting, and disposing of the wild animals. 64.3 (b) A special permit may not be issued to take or possess 64.4 wild or native deer for exhibitionor, propagation, or as pets. 64.5(c) The commissioner shall establish criteria for issuing64.6special permits for persons to possess wild and native deer as64.7pets.64.8 Sec. 55. Minnesota Statutes 2002, section 97A.411, 64.9 subdivision 2, is amended to read: 64.10 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl, 64.11 mourning dove, or pheasant stamp issued under the game and fish 64.12 laws must be signed by the licensee across the front of the 64.13 stamp to be valid. 64.14 Sec. 56. Minnesota Statutes 2002, section 97A.441, 64.15 subdivision 7, is amended to read: 64.16 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 64.17 commissioner may issue, without a fee, a license to take an 64.18 antlerless deer to a person who is an owner or tenant and is 64.19 living and actively farming on at least 80 acres of agricultural 64.20 land, as defined in section 97B.001, in deer permit areas that 64.21 have deer archery licenses to take additional deer under section 64.22 97B.301, subdivision 4. A person may receive only one license 64.23 per year under this subdivision. For properties with coowners 64.24 or cotenants, only one coowner or cotenant may receive a license 64.25 under this subdivision per year. The license issued under this 64.26 subdivision is restricted to the land owned or leased by the 64.27 holder of the license within the permit area where the 64.28 qualifying land is located. The holder of the license may 64.29 transfer the license to the holder's spouse or dependent. 64.30 Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 64.31 subdivision 2, the holder of the license may purchase an 64.32 additional license for taking deer and may take an additional 64.33 deer under that license. 64.34 (b) A person who obtains a license under paragraph (a) must 64.35 allow public deer hunting on their land during that deer hunting 64.36 season, with the exception of the first Saturday and Sunday 65.1 during the deer hunting season applicable to the license issued 65.2 under section 97A.475, subdivision 2,clauseclauses (4) and 65.3 (13). 65.4 Sec. 57. Minnesota Statutes 2002, section 97A.441, is 65.5 amended by adding a subdivision to read: 65.6 Subd. 10. [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 65.7 PREVENTION AND CONTROL.] The commissioner may issue, without a 65.8 fee, licenses to take wild animals for the purposes of wildlife 65.9 disease prevention and control. 65.10 Sec. 58. Minnesota Statutes 2002, section 97A.475, 65.11 subdivision 2, is amended to read: 65.12 Subd. 2. [RESIDENT HUNTING.] Fees for the following 65.13 licenses, to be issued to residents only, are: 65.14 (1) for persons age 18 or over and under age 65 to take 65.15 small game,$12$12.50; 65.16 (2) for personsageages 16 and 17 and age 65 or over, $6 65.17 to take small game; 65.18 (3) to take turkey, $18; 65.19 (4) for persons age 16 or over to take deer with firearms, 65.20$25$26; 65.21 (5) for persons age 16 or over to take deer by archery, 65.22$25$26; 65.23 (6) to take moose, for a party of not more than six 65.24 persons, $310; 65.25 (7) to take bear, $38; 65.26 (8) to take elk, for a party of not more than two persons, 65.27 $250; 65.28 (9) to take antlered deer in more than one zone,$50$52; 65.29 (10) to take Canada geese during a special season, $4; 65.30 (11) to take two deer throughout the state in any open deer 65.31 season, except as restricted under section 97B.305,$75$78;and65.32 (12) to take prairie chickens, $20; 65.33 (13) for persons at least age 12 and under age 16 to take 65.34 deer with firearms, $13; and 65.35 (14) for persons at least age 12 and under age 16 to take 65.36 deer by archery, $13. 66.1 [EFFECTIVE DATES.] Clauses (4), (5), (9), (11), (13), and 66.2 (14), are effective August 1, 2003. Clauses (1) and (2) are 66.3 effective March 1, 2004. 66.4 Sec. 59. Minnesota Statutes 2002, section 97A.475, 66.5 subdivision 3, is amended to read: 66.6 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 66.7 licenses, to be issued to nonresidents, are: 66.8 (1) to take small game, $73; 66.9 (2) to take deer with firearms,$125$135; 66.10 (3) to take deer by archery,$125$135; 66.11 (4) to take bear, $195; 66.12 (5) to take turkey, $73; 66.13 (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 66.14 (7) to take antlered deer in more than one zone,$250$270; 66.15 and 66.16 (8) to take Canada geese during a special season, $4. 66.17 [EFFECTIVE DATE.] This section is effective August 1, 2003. 66.18 Sec. 60. Minnesota Statutes 2002, section 97A.475, 66.19 subdivision 4, is amended to read: 66.20 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 66.21 to take small game must be increased by a surcharge of 66.22$4$6.50. An additional commission may not be assessed on the 66.23 surcharge andthis must be stated on the back of the license66.24withthe following statement must be included in the annual 66.25 small game hunting regulations: "This$4$6.50 surcharge is 66.26 being paid by hunters for the acquisition and development of 66.27 wildlife lands." 66.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 66.29 Sec. 61. Minnesota Statutes 2002, section 97A.475, 66.30 subdivision 5, is amended to read: 66.31 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 66.32 and stamp validations are: 66.33 (1) migratory waterfowl stamp,$5$7.50; 66.34 (2) pheasant stamp,$5$7.50;and66.35 (3) turkey stamp validation, $5; and 66.36 (4) mourning dove stamp, $7.50. 67.1 [EFFECTIVE DATE.] Clauses (1) to (3) are effective March 1, 67.2 2004. Clause (4) is effective the day following final enactment. 67.3 Sec. 62. Minnesota Statutes 2002, section 97A.475, 67.4 subdivision 10, is amended to read: 67.5 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for 67.6 a trout and salmon stamp validation is$8.50$10. 67.7 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.8 Sec. 63. Minnesota Statutes 2002, section 97A.475, 67.9 subdivision 15, is amended to read: 67.10 Subd. 15. [FISHING GUIDES.] The fee for a license to 67.11 operate a charter boat and guide anglers on Lake Superior or the 67.12 St. Louis river estuary is: 67.13 (1) for a resident,$35$125; 67.14 (2) for a nonresident,$140$400; or 67.15 (3) if another state charges a Minnesota resident a fee 67.16 greater than$140$440 for a Lake Superior or St. Louis river 67.17 estuary fishing guide license in that state, the nonresident fee 67.18 for a resident of that state is that greater fee. 67.19 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.20 Sec. 64. Minnesota Statutes 2002, section 97A.475, 67.21 subdivision 26, is amended to read: 67.22 Subd. 26. [MINNOW DEALERS.] The fees for the following 67.23 licenses are: 67.24 (1) minnow dealer,$100$310; 67.25 (2) minnow dealer's vehicle, $15; 67.26 (3) exporting minnow dealer,$350$700; and 67.27 (4) exporting minnow dealer's vehicle, $15. 67.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.29 Sec. 65. Minnesota Statutes 2002, section 97A.475, 67.30 subdivision 27, is amended to read: 67.31 Subd. 27. [MINNOW RETAILERS.] The fees for the following 67.32 licenses, to be issued to residents and nonresidents, are: 67.33 (1) minnow retailer,$15$47; and 67.34 (2) minnow retailer's vehicle, $15. 67.35 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.36 Sec. 66. Minnesota Statutes 2002, section 97A.475, 68.1 subdivision 28, is amended to read: 68.2 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 68.3 following licenses, to be issued to nonresidents, are: 68.4 (1) exporting minnow hauler,$675$1,000; and 68.5 (2) exporting minnow hauler's vehicle, $15. 68.6 [EFFECTIVE DATE.] This section is effective March 1, 2004. 68.7 Sec. 67. Minnesota Statutes 2002, section 97A.475, 68.8 subdivision 29, is amended to read: 68.9 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 68.10 following licenses to be issued to residents and nonresidents 68.11 are: 68.12 (1) for a private fish hatchery, with annual sales under 68.13 $200,$35$70; 68.14 (2) for a private fish hatchery, with annual sales of $200 68.15 or more,$70$210; and 68.16 (3) to take sucker eggs from public waters for a private 68.17 fish hatchery,$210$400, plus$4$6 for each quart in excess of 68.18 100 quarts. 68.19 [EFFECTIVE DATE.] This section is effective March 1,2004. 68.20 Sec. 68. Minnesota Statutes 2002, section 97A.475, 68.21 subdivision 30, is amended to read: 68.22 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 68.23 commercial fish are: 68.24 (1) commercial license fees: 68.25 (i) for residents and nonresidents seining and netting in 68.26 inland waters,$90$120; 68.27 (ii) for residents netting in Lake Superior,$50$120; 68.28 (iii) for residents netting in Lake of the Woods, Rainy, 68.29 Namakan, and Sand Point lakes,$50$120; 68.30 (iv) for residents seining in the Mississippi River from St. 68.31 Anthony Falls to the St. Croix River junction,$50$120; 68.32 (v) for residents seining, netting, and set lining in 68.33 Wisconsin boundary waters from Lake St. Croix to the Iowa 68.34 border,$50$120; and 68.35 (vi) for a resident apprentice license,$25$55; and 68.36 (2) commercial gear fees: 69.1 (i) for each gill net in Lake Superior, Wisconsin boundary 69.2 waters, and Namakan Lake,$3.50$5 per 100 feet of net; 69.3 (ii) for each seine in inland waters, on the Mississippi 69.4 River as described in section 97C.801, subdivision 2, and in 69.5 Wisconsin boundary waters,$7$9 per 100 feet; 69.6 (iii) for each commercial hoop net in inland 69.7 waters,$1.25$2; 69.8 (iv) for each submerged fyke, trap, and hoop net in Lake 69.9 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 69.10 Namakan, and Sand Point lakes, and for each pound net in Lake 69.11 Superior,$15$20; 69.12 (v) for each stake and pound net in Lake of the 69.13 Woods,$60$90; and 69.14 (vi) for each set line in the Wisconsin boundary waters, 69.15$20$45. 69.16 [EFFECTIVE DATE.] This section is effective March 1, 2004. 69.17 Sec. 69. Minnesota Statutes 2002, section 97A.475, 69.18 subdivision 38, is amended to read: 69.19 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 69.20 from commercial fishing licensees to be issued residents and 69.21 nonresidents are: 69.22 (1) for Lake Superior fish bought for sale to retailers, 69.23$70$150; 69.24 (2) for Lake Superior fish bought for sale to consumers, 69.25$15$35; 69.26 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 69.27 Lake fish bought for sale to retailers,$140$300; and 69.28 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 69.29 Lake fish bought for shipment only on international boundary 69.30 waters,$15$35. 69.31 [EFFECTIVE DATE.] This section is effective March 1, 2004. 69.32 Sec. 70. Minnesota Statutes 2002, section 97A.475, 69.33 subdivision 39, is amended to read: 69.34 Subd. 39. [FISH PACKER.] The fee for a license to prepare 69.35 dressed game fish for transportation or shipment is$20$40. 69.36 [EFFECTIVE DATE.] This section is effective March 1, 2004. 70.1 Sec. 71. Minnesota Statutes 2002, section 97A.475, 70.2 subdivision 40, is amended to read: 70.3 Subd. 40. [FISH VENDORS.] The fee for a license to use a 70.4 motor vehicle to sell fish is$35$70. 70.5 [EFFECTIVE DATE.] This section is effective March 1, 2004. 70.6 Sec. 72. Minnesota Statutes 2002, section 97A.475, 70.7 subdivision 42, is amended to read: 70.8 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 70.9 in frogs that are to be used for purposes other than bait are: 70.10 (1) for a resident to purchase, possess, and transport 70.11 frogs,$100$220; 70.12 (2) for a nonresident to purchase, possess, and transport 70.13 frogs,$280$550; and 70.14 (3) for a resident to take, possess, transport, and sell 70.15 frogs,$15$35. 70.16 [EFFECTIVE DATE.] This section is effective March 1, 2004. 70.17 Sec. 73. Minnesota Statutes 2002, section 97A.475, is 70.18 amended by adding a subdivision to read: 70.19 Subd. 45. [CAMP RIPLEY ARCHERY DEER HUNT.] The application 70.20 fee for the Camp Ripley archery deer hunt is $8. 70.21 Sec. 74. Minnesota Statutes 2002, section 97A.505, is 70.22 amended by adding a subdivision to read: 70.23 Subd. 8. [IMPORTATION OF HUNTER-HARVESTED 70.24 CERVIDAE.] Importation into Minnesota of hunter-harvested 70.25 cervidae carcasses is prohibited except for cut and wrapped 70.26 meat, quarters or other portions of meat with no part of the 70.27 spinal column or head attached, antlers, hides, teeth, finished 70.28 taxidermy mounts, and antlers attached to skull caps that are 70.29 cleaned of all brain tissue. 70.30 Sec. 75. Minnesota Statutes 2002, section 97A.505, is 70.31 amended by adding a subdivision to read: 70.32 Subd. 9. [POSSESSION OF LIVE CERVIDAE.] A person may not 70.33 possess live cervidae, except as authorized in sections 17.451 70.34 and 17.452 or 97A.401. 70.35 [EFFECTIVE DATE.] This section is effective January 1, 2004. 70.36 Sec. 76. Minnesota Statutes 2002, section 97B.311, is 71.1 amended to read: 71.2 97B.311 [DEER SEASONS AND RESTRICTIONS.] 71.3 (a) The commissioner may, by rule, prescribe restrictions 71.4 and designate areas where deer may be taken, including hunter 71.5 selection criteria for special hunts established under section 71.6 97A.401, subdivision 4. The commissioner may, by rule, 71.7 prescribe the open seasons for deer within the following periods: 71.8 (1) taking with firearms, other than muzzle-loading 71.9 firearms, between November 1 and December 15; 71.10 (2) taking with muzzle-loading firearms between September 1 71.11 and December 31; and 71.12 (3) taking by archery between September 1 and December 31. 71.13 (b) Notwithstanding paragraph (a), the commissioner may 71.14 establish special seasons within designated areasbetween71.15September 1 and January 15at any time of year. 71.16 Sec. 77. [97B.717] [MOURNING DOVES.] 71.17 Subdivision 1. [SEASON.] The commissioner shall prescribe 71.18 an open season for taking mourning doves. 71.19 Subd. 2. [LICENSE AND STAMP REQUIRED.] A person may not 71.20 take mourning doves without a small game license and a mourning 71.21 dove stamp in possession. 71.22 [EFFECTIVE DATE.] This section is effective the day 71.23 following final enactment. 71.24 Sec. 78. Minnesota Statutes 2002, section 103B.231, 71.25 subdivision 3a, is amended to read: 71.26 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 71.27 soil resources in consultation with the state review agencies 71.28 and the metropolitan councilshallmay develop a priority 71.29 schedule for the revision of plans required under this chapter. 71.30 (b) The prioritization should be based on but not be 71.31 limited to status of current plan, scheduled revision dates, 71.32 anticipated growth and development, existing and potential 71.33 problems, and regional water quality goals and priorities. 71.34 (c) The schedule will be used by the board of water and 71.35 soil resources in consultation with the state review agencies 71.36 and the metropolitan council to direct watershed management 72.1 organizations of when they will be required to revise their 72.2 plans. 72.3 (d)Upon notification from the board of water and soil72.4resources that a revision of a plan is required, a watershed72.5management organization shall have 24 months from the date of72.6notification to revise and submit a plan for review.72.7(e)In the event that a plan expires prior to notification 72.8 from the board of water and soil resources under this section, 72.9 the existing plan, authorities, and official controls of a 72.10 watershed management organization shall remain in full force and 72.11 effect until a revision is approved. 72.12(f) A one-year extension to submit a revised plan may be72.13granted by the board.72.14(g)(e) Watershed management organizations submitting plans 72.15 and draft plan amendments for review prior to the board's 72.16 priority review schedule, may proceed to adopt and implement the 72.17 plan revisions without formal board approval if the board fails 72.18 to adjust its priority review schedule for plan review, and 72.19 commence its statutory review process within 45 days of 72.20 submittal of the plan revision or amendment. 72.21 Sec. 79. Minnesota Statutes 2002, section 103B.305, 72.22 subdivision 3, is amended to read: 72.23 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 72.24 "Comprehensive local water management plan,"means72.25 "comprehensive water plan," "local water plan," and "local water 72.26 management plan" mean the plan adopted by a county under 72.27 sections 103B.311 and 103B.315. 72.28 Sec. 80. Minnesota Statutes 2002, section 103B.305, is 72.29 amended by adding a subdivision to read: 72.30 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those 72.31 local government units coordinating planning under sections 72.32 103B.301 to 103B.335. 72.33 Sec. 81. Minnesota Statutes 2002, section 103B.305, is 72.34 amended by adding a subdivision to read: 72.35 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means 72.36 issues, resources, subwatersheds, or demographic areas that are 73.1 identified as a priority by the plan authority. 73.2 Sec. 82. Minnesota Statutes 2002, section 103B.305, is 73.3 amended by adding a subdivision to read: 73.4 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 73.5 concerns scoping document" means the list of the chosen priority 73.6 concerns and a detailed account of how those concerns were 73.7 identified and chosen. 73.8 Sec. 83. Minnesota Statutes 2002, section 103B.305, is 73.9 amended by adding a subdivision to read: 73.10 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies" 73.11 means the board of water and soil resources, the department of 73.12 agriculture, the department of health, the department of natural 73.13 resources, the pollution control agency, and other agencies 73.14 granted state review status by a resolution of the board. 73.15 Sec. 84. Minnesota Statutes 2002, section 103B.311, 73.16 subdivision 1, is amended to read: 73.17 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged 73.18 to develop and implement acomprehensivelocal water management 73.19 plan. Each county that develops and implements a plan has the 73.20 duty and authority to: 73.21 (1) prepare and adopt acomprehensivelocal water 73.22 management plan that meets the requirements of this section and 73.23 section 103B.315; 73.24 (2) review water and related land resources plans and 73.25 official controls submitted by local units of government to 73.26 assure consistency with thecomprehensivelocal water management 73.27 plan; and 73.28 (3) exercise any and all powers necessary to assure 73.29 implementation ofcomprehensivelocal water management plans. 73.30 Sec. 85. Minnesota Statutes 2002, section 103B.311, 73.31 subdivision 2, is amended to read: 73.32 Subd. 2. [DELEGATION.] The county is responsible for 73.33 preparing, adopting, and assuring implementation of the 73.34comprehensivelocal water management plan, but may delegate all 73.35 or part of the preparation of the plan to a local unit of 73.36 government, a regional development commission, or a resource 74.1 conservation and development committee. The county may not 74.2 delegate authority for the exercise of eminent domain, taxation, 74.3 or assessment to a local unit of government that does not 74.4 possess those powers. 74.5 Sec. 86. Minnesota Statutes 2002, section 103B.311, 74.6 subdivision 3, is amended to read: 74.7 Subd. 3. [COORDINATION.] (a) To assure the coordination of 74.8 efforts of all local units of government within a county during 74.9 the preparation and implementation of acomprehensivelocal 74.10 water management plan, each county intending to adopt a plan 74.11 shall conduct meetings with other local units of government and 74.12 may execute agreements with other local units of government 74.13 establishing the responsibilities of each unit during the 74.14 preparation and implementation of thecomprehensivelocal water 74.15 management plan. 74.16 (b) Each county intending to adopt a plan shall coordinate 74.17 its planning program with contiguous counties. Before meeting 74.18 with local units of government, a county board shall notify the 74.19 county boards of each county contiguous to it that the county is 74.20 about to begin preparing itscomprehensivelocal water 74.21 management plan and is encouraged to request and hold a joint 74.22 meeting with the contiguous county boards to consider the 74.23 planning process. 74.24 Sec. 87. Minnesota Statutes 2002, section 103B.311, 74.25 subdivision 4, is amended to read: 74.26 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A 74.27comprehensivelocal water management plan must: 74.28 (1) cover the entire area within a county; 74.29 (2) address water problems in the context of watershed 74.30 units and groundwater systems; 74.31 (3) be based upon principles of sound hydrologic management 74.32 of water, effective environmental protection, and efficient 74.33 management; 74.34 (4) be consistent withcomprehensivelocal water management 74.35 plans prepared by counties and watershed management 74.36 organizations wholly or partially within a single watershed unit 75.1 or groundwater system; and 75.2 (5) thecomprehensivelocal water management plan must 75.3 specify the period covered by thecomprehensivelocal water 75.4 management plan and must extend at least five years but no more 75.5 than ten years from the date the board approves 75.6 thecomprehensivelocal water management plan. 75.7ComprehensiveLocal water management plans that contain revision 75.8 dates inconsistent with this section must comply with that date, 75.9 provided it is not more than ten years beyond the date of board 75.10 approval. A two-year extension of the revision date of 75.11 acomprehensivelocal water management plan may be granted by 75.12 the board, provided no projects are ordered or commenced during 75.13 the period of the extension. 75.14 (b) Existing water and related land resources plans, 75.15 including plans related to agricultural land preservation 75.16 programs developed pursuant to chapter 40A, must be fully 75.17 utilized in preparing thecomprehensivelocal water management 75.18 plan. Duplication of the existing plans is not required. 75.19 Sec. 88. [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 75.20 Each priority concerns scoping document must contain: 75.21 (1) the list of proposed priority concerns the plan will 75.22 address; and 75.23 (2) a description of how and why the priority concerns were 75.24 chosen, including: 75.25 (i) a list of all public and internal forums held to gather 75.26 input regarding priority concerns, including the dates they were 75.27 held, a list of participants and affiliated organizations, a 75.28 summary of the proceedings, and supporting data; 75.29 (ii) the process used to locally coordinate and resolve 75.30 differences between the plan's priority concerns and other 75.31 state, local, and regional concerns; and 75.32 (iii) a list of issues identified by the stakeholders but 75.33 not selected as priority concerns, why they were not included in 75.34 the list of priority concerns, and a brief description of how 75.35 the concerns may be addressed or delegated to other partnering 75.36 entities. 76.1 Sec. 89. [103B.313] [PLAN DEVELOPMENT.] 76.2 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water 76.3 management plan authority shall send a notice to local 76.4 government units partially or wholly within the planning 76.5 jurisdiction, adjacent counties, and state review agencies of 76.6 their intent to revise the local water management plan. The 76.7 notice of a plan revision must include an invitation for all 76.8 recipients to submit priority concerns they wish to see the plan 76.9 address. 76.10 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING 76.11 AUTHORITY.] Local governments and state review agencies must 76.12 submit the priority concerns they want the plan to address to 76.13 the plan authority within 45 days of receiving the notice 76.14 defined in subdivision 1 or within an otherwise agreed-upon time 76.15 frame. 76.16 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting 76.17 the priority concerns scoping document to the board, the plan 76.18 authority shall publish a legal notice for and conduct a public 76.19 information meeting. 76.20 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 76.21 TO BOARD.] The plan authority shall send the scoping document to 76.22 all state review agencies for review and comment. State review 76.23 agencies shall provide comments on the plan outline to the board 76.24 within 30 days of receipt. 76.25 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 76.26 DOCUMENT.] The board shall review the scoping document and the 76.27 comments submitted in accordance with this subdivision. The 76.28 board shall provide comments to the local plan authority within 76.29 60 days of receiving the scoping document, or after the next 76.30 regularly scheduled board meeting, whichever is later. No local 76.31 water management plan may be approved pursuant to section 76.32 103B.315 without addressing items communicated in the board 76.33 comments to the plan authority. The plan authority may request 76.34 that resolution of unresolved issues be addressed pursuant to 76.35 board policy defined in section 103B.345. 76.36 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION 77.1 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 77.2 review agencies shall, upon request from the local government, 77.3 provide existing plans, reports, and data analysis related to 77.4 priority concerns to the plan author within 60 days from the 77.5 date of the request or within an otherwise agreed upon time 77.6 frame. 77.7 Sec. 90. [103B.314] [CONTENTS OF PLAN.] 77.8 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an 77.9 executive summary, including: 77.10 (1) the purpose of the local water management plan; 77.11 (2) a description of the priority concerns to be addressed 77.12 by the plan; 77.13 (3) a summary of goals and actions to be taken along with 77.14 the projected total cost of the implementation program; 77.15 (4) a summary of the consistency of the plan with other 77.16 pertinent local, state, and regional plans and controls, and 77.17 where inconsistencies are noted; and 77.18 (5) a summary of recommended amendments to other plans and 77.19 official controls to achieve consistency. 77.20 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each 77.21 priority concern defined pursuant to section 103B.312, clause 77.22 (1), the plan shall analyze relevant data, plans, and policies 77.23 provided by agencies consistent with section 103B.313, 77.24 subdivision 6, and describe the magnitude of the concern, 77.25 including how the concern is impacting or changing the local 77.26 land and water resources. 77.27 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY 77.28 CONCERNS.] Each plan must contain specific measurable goals and 77.29 objectives relating to the priority concerns and other state, 77.30 regional, or local concerns. The goals and objectives must 77.31 coordinate and attempt to resolve conflict with city, county, 77.32 regional, or state goals and policies. 77.33 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY 77.34 CONCERNS.] (a) For the measurable goals identified in 77.35 subdivision 3, each plan must include an implementation program 77.36 that includes the items described in paragraphs (b) to (e). 78.1 (b) An implementation program may include actions 78.2 involving, but not limited to, data collection programs, 78.3 educational programs, capital improvement projects, project 78.4 feasibility studies, enforcement strategies, amendments to 78.5 existing official controls, and adoption of new official 78.6 controls. If the local government finds that no actions are 78.7 necessary to address the goals and objectives identified in 78.8 subdivision 3 it must explain why actions are not needed. Staff 78.9 and financial resources available or needed to carry out the 78.10 local water management plan must be stated. 78.11 (c) The implementation schedule must state the time in 78.12 which each of the actions contained in the implementation 78.13 program will be taken. 78.14 (d) If a local government unit has made any agreement for 78.15 the implementation of the plan or portions of a plan by another 78.16 local unit of government, that local unit must be specified, the 78.17 responsibility indicated, and a description included indicating 78.18 how and when the implementation will happen. 78.19 (e) If capital improvement projects are proposed to 78.20 implement the local water management plan, the projects must be 78.21 described in the plan. The description of a proposed capital 78.22 improvement project must include the following information: 78.23 (1) the physical components of the project, including their 78.24 approximate size, configuration, and location; 78.25 (2) the purposes of the project and relationship to the 78.26 objectives in the plan; 78.27 (3) the proposed schedule for project construction; 78.28 (4) the expected federal, state, and local costs; 78.29 (5) the types of financing proposed, such as special 78.30 assessments, ad valorem taxes, and grants; and 78.31 (6) the sources of local financing proposed. 78.32 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 78.33 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 78.34 actions that will be taken to carry out the responsibilities or 78.35 activities, identify the lead and supporting organizations or 78.36 government units that will be involved in carrying out the 79.1 action, and estimate the cost of each action. 79.2 Subd. 6. [AMENDMENTS.] The plan authority may initiate an 79.3 amendment to the local water management plan by submitting a 79.4 petition to the board and sending copies of the proposed 79.5 amendment and the date of the public hearing to the following 79.6 entities for review: local government units defined in section 79.7 103B.305, subdivision 5, that are within the plan's 79.8 jurisdiction; and the state review agencies. 79.9 After the public hearing the board shall review the 79.10 amendment pursuant to section 103B.315, subdivision 5, 79.11 paragraphs (b) and (c). The amendment becomes part of the local 79.12 water management plan after being approved by the board. The 79.13 board must send the order and the approved amendment to the 79.14 entities that received the proposed amendment and notice of the 79.15 public hearing. 79.16 Sec. 91. Minnesota Statutes 2002, section 103B.315, 79.17 subdivision 4, is amended to read: 79.18 Subd. 4. [PUBLIC HEARING.] The county board shall conduct 79.19 a public hearing on thecomprehensivelocal water management 79.20 plan pursuant to section 375.51after the 60-day period for79.21local review and comment is completed but before submitting it79.22to the state for review. 79.23 Sec. 92. Minnesota Statutes 2002, section 103B.315, 79.24 subdivision 5, is amended to read: 79.25 Subd. 5. [STATE REVIEW.] (a) After conducting the public 79.26 hearing but before final adoption, the county board must submit 79.27 itscomprehensivelocal water management plan, all written 79.28 comments received on the plan, a record of the public hearing 79.29 under subdivision 4, and a summary of changes incorporated as a 79.30 result of the review process to the board for review. The board 79.31 shall complete the review within 90 days after receiving a 79.32comprehensivelocal water management plan and supporting 79.33 documents. The board shall consult with the departments of 79.34 agriculture, health, and natural resources; the pollution 79.35 control agency; the environmental quality board; and other 79.36 appropriate state agencies during the review. 80.1 (b) The board may disapprove acomprehensivelocal water 80.2 management plan if the board determines the plan is not 80.3 consistent with state law. If a plan is disapproved, the board 80.4 shall provide a written statement of its reasons for 80.5 disapproval. A disapprovedcomprehensivelocal water management 80.6 plan must be revised by the county board and resubmitted for 80.7 approval by the board within 120 days after receiving notice of 80.8 disapproval of thecomprehensivelocal water management plan, 80.9 unless the board extends the period for good cause.The80.10decision of the board to disapprove the plan may be appealed by80.11the county to district court.80.12 (c) If the local government unit disagrees with the board's 80.13 decision to disapprove the plan, it may, within 60 days, 80.14 initiate mediation through the board's informal dispute 80.15 resolution process as established pursuant to section 103B.345, 80.16 subdivision 1. A local government unit may appeal disapproval 80.17 to the court of appeals. A decision of the board on appeal is 80.18 subject to judicial review under sections 14.63 to 14.69. 80.19 Sec. 93. Minnesota Statutes 2002, section 103B.315, 80.20 subdivision 6, is amended to read: 80.21 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board 80.22 shall adopt and begin implementation of itscomprehensivelocal 80.23 water management plan within 120 days after receiving notice of 80.24 approval of the plan from the board. 80.25 Sec. 94. Minnesota Statutes 2002, section 103B.321, 80.26 subdivision 1, is amended to read: 80.27 Subdivision 1. [GENERAL.] The board shall: 80.28 (1) develop guidelines for the contents ofcomprehensive80.29 local water management plans that provide for a flexible 80.30 approach to meeting the different water and related land 80.31 resources needs of counties and watersheds across the state; 80.32 (2) coordinate assistance of state agencies to counties and 80.33 other local units of government involved in preparation of 80.34comprehensivelocal water management plans, including 80.35 identification of pertinent data and studies available from the 80.36 state and federal government; 81.1 (3) conduct an active program of information and education 81.2 concerning the requirements and purposes of sections 103B.301 to 81.3 103B.355 in conjunction with the association of Minnesota 81.4 counties; 81.5 (4) determine contested cases under section 103B.345; 81.6 (5) establish a process for review ofcomprehensivelocal 81.7 water management plans that assures the plans are consistent 81.8 with state law; and 81.9 (6)report to the house of representatives and senate81.10committees with jurisdiction over the environment, natural81.11resources, and agriculture as required by section 103B.351; and81.12(7)make grants to counties forcomprehensivelocal water 81.13 management planning, implementation of priority actions 81.14 identified in approved plans, and sealing of abandoned wells. 81.15 Sec. 95. Minnesota Statutes 2002, section 103B.321, 81.16 subdivision 2, is amended to read: 81.17 Subd. 2. [RULEMAKING.] The boardshallmay adopt rules to 81.18 implement sections 103B.301 to 103B.355. 81.19 Sec. 96. Minnesota Statutes 2002, section 103B.325, 81.20 subdivision 1, is amended to read: 81.21 Subdivision 1. [REQUIREMENT.] Local units of government 81.22 shall amend existing water and related land resources plans and 81.23 official controls as necessary to conform them to the 81.24 applicable, approvedcomprehensivelocal water management plan 81.25 following the procedures in this section. 81.26 Sec. 97. Minnesota Statutes 2002, section 103B.325, 81.27 subdivision 2, is amended to read: 81.28 Subd. 2. [PROCEDURE.] Within 90 days after local units of 81.29 government are notified by the county board of the adoption of a 81.30comprehensivelocal water management plan or of adoption of an 81.31 amendment to a comprehensive water plan, the local units of 81.32 government exercising water and related land resources planning 81.33 and regulatory responsibility for areas within the county must 81.34 submit existing water and related land resources plans and 81.35 official controls to the county board for review. The county 81.36 board shall identify any inconsistency between the plans and 82.1 controls and thecomprehensivelocal water management plan and 82.2 shall recommend the amendments necessary to bring local plans 82.3 and official controls into conformance with thecomprehensive82.4 local water management plan. 82.5 Sec. 98. Minnesota Statutes 2002, section 103B.331, 82.6 subdivision 1, is amended to read: 82.7 Subdivision 1. [AUTHORITY.] When an approvedcomprehensive82.8 local water management plan is adopted the county has the 82.9 authority specified in this section. 82.10 Sec. 99. Minnesota Statutes 2002, section 103B.331, 82.11 subdivision 2, is amended to read: 82.12 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The 82.13 county may regulate the use and development of water and related 82.14 land resources within incorporated areas when one or more of the 82.15 following conditions exists: 82.16 (1) the municipality does not have a local water and 82.17 related land resources plan or official controls consistent with 82.18 thecomprehensivelocal water management plan; 82.19 (2) a municipal action granting a variance or conditional 82.20 use would result in an action inconsistent with the 82.21comprehensivelocal water management plan; 82.22 (3) the municipality has authorized the county to require 82.23 permits for the use and development of water and related land 82.24 resources; or 82.25 (4) a state agency has delegated the administration of a 82.26 state permit program to the county. 82.27 Sec. 100. Minnesota Statutes 2002, section 103B.331, 82.28 subdivision 3, is amended to read: 82.29 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 82.30 county may: 82.31 (1) acquire in the name of the county, by condemnation 82.32 under chapter 117, real and personal property found by the 82.33 county board to be necessary for the implementation of an 82.34 approvedcomprehensivelocal water management plan; 82.35 (2) assess the costs of projects necessary to implement the 82.36comprehensivelocal water management plan undertaken under 83.1 sections 103B.301 to 103B.355 upon the property benefited within 83.2 the county in the manner provided for municipalities by chapter 83.3 429; 83.4 (3) charge users for services provided by the county 83.5 necessary to implement thecomprehensivelocal water management 83.6 plan; and 83.7 (4) establish one or more special taxing districts within 83.8 the county and issue bonds for the purpose of financing capital 83.9 improvements under sections 103B.301 to 103B.355. 83.10 Sec. 101. Minnesota Statutes 2002, section 103B.3363, 83.11 subdivision 3, is amended to read: 83.12 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 83.13 "Comprehensive local water management plan,"means83.14 "comprehensive water plan," "local water plan," and "local water 83.15 management plan" mean a county water plan authorized under 83.16 section 103B.311, a watershed management plan required under 83.17 section 103B.231, a watershed management plan required under 83.18 section 103D.401 or 103D.405, or a county groundwater plan 83.19 authorized under section 103B.255. 83.20 Sec. 102. Minnesota Statutes 2002, section 103B.3369, 83.21 subdivision 2, is amended to read: 83.22 Subd. 2. [ESTABLISHMENT.] A Local Water Resources 83.23 Protection and Management Program is established. The board 83.24shallmay provide financial assistance tocounties forlocal 83.25 units of government for activities that protect or manage water 83.26 and related land quality. The activities include planning, 83.27 zoning, official controls, and other activities to 83.28 implementcomprehensivelocal water management plans. 83.29 Sec. 103. Minnesota Statutes 2002, section 103B.3369, 83.30 subdivision 4, is amended to read: 83.31 Subd. 4. [CONTRACTSWITH LOCAL GOVERNMENTS.] Acounty83.32 local unit of government may contractwith other appropriate83.33local units of governmentto implement programs. An explanation 83.34 of the program responsibilities proposed to be contractedwith83.35other local units of governmentmust accompany grant requests. 83.36 Acountylocal unit of government that contractswith other84.1local units of governmentis responsible for ensuring that state 84.2 funds are properly expended and for providing an annual report 84.3 to the board describing expenditures of funds and program 84.4 accomplishments. 84.5 Sec. 104. Minnesota Statutes 2002, section 103B.3369, 84.6 subdivision 5, is amended to read: 84.7 Subd. 5. [FINANCIAL ASSISTANCE.]The board may award84.8grants to watershed management organizations in the seven-county84.9metropolitan area or counties to carry out water resource84.10protection and management programs identified as priorities in84.11comprehensive local water plans. Grants may be used to employ84.12persons and to obtain and use information necessary to:84.13(1) develop comprehensive local water plans under sections84.14103B.255 and 103B.311 that have not received state funding for84.15water resources planning as provided for in Laws 1987, chapter84.16404, section 30, subdivision 5, clause (a);84.17(2) revise comprehensive local water plans under section84.18103B.201; and84.19(3) implement comprehensive local water plans.84.20 A base grantshallmay be awarded to a county that levies a 84.21 water implementation tax at a rate, which shall be determined by 84.22 the board. The minimum amount of the water implementation tax 84.23 shall be a tax rate times the adjusted net tax capacity of the 84.24 county for the preceding year. The rate shall be the rate, 84.25 rounded to the nearest .001 of a percent, that, when applied to 84.26 the adjusted net tax capacity for all counties, raises the 84.27 amount of $1,500,000. The base grant will be in an amount equal 84.28 to $37,500 less the amount raised by that levy. If the amount 84.29 necessary to implement the local water plan for the county is 84.30 less than $37,500, the amount of the base grant shall be the 84.31 amount that, when added to the levy amount, equals the amount 84.32 required to implement the plan. For counties where the tax rate 84.33 generates an amount equal to or greater than $18,750, the base 84.34 grant shall be in an amount equal to $18,750. 84.35 Sec. 105. Minnesota Statutes 2002, section 103B.3369, 84.36 subdivision 6, is amended to read: 85.1 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 85.2 programs under this section must be reviewed by the state agency 85.3 having statutory program authority to assure compliance with 85.4 minimum state standards. At the request of the state agency 85.5 commissioner, the board shall revoke the portion of a grant used 85.6 to support a program not in compliance. 85.7 (b) Grants provided to develop or revisecomprehensive85.8 local water management plans may not be awarded for a time 85.9 longer than two years. 85.10 (c) Acountylocal unit of government may not request or be 85.11 awarded grants for project implementation unless acomprehensive85.12 local management water plan has been adopted. 85.13 Sec. 106. Minnesota Statutes 2002, section 103B.355, is 85.14 amended to read: 85.15 103B.355 [APPLICATION.] 85.16 Sections 103B.301 to 103B.355 do not apply in areas subject 85.17 to the requirements of sections 103B.201 to 103B.255 under 85.18 section 103B.231, subdivision 1, and in areas covered by an 85.19 agreement under section 103B.231, subdivision 2, except as 85.20 otherwise provided insectionssection 103B.311, subdivision 4, 85.21 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),85.22and 2, clause (b). 85.23 Sec. 107. Minnesota Statutes 2002, section 103D.341, 85.24 subdivision 2, is amended to read: 85.25 Subd. 2. [PROCEDURE.] (a) Rules of the watershed district 85.26 must be adopted or amended by a majority vote of the managers, 85.27 after public notice and hearing. Rules must be signed by the 85.28 secretary of the board of managers and recorded in the board of 85.29 managers' official minute book. 85.30 (b) Prior to adoption, the proposed rule or amendment to 85.31 the rule must be submitted to the board for review and comment. 85.32 The board's review shall be considered advisory. The board 85.33 shall have 45 days from receipt of the proposed rule or 85.34 amendment to the rule to provide its comments in writing to the 85.35 watershed district. Proposed rules or amendments to the rule 85.36 shall also be noticed for review and comment to all public 86.1 transportation authorities that have jurisdiction within the 86.2 watershed district at least 45 days prior to adoption. The 86.3 public transportation authorities have 45 days from receipt of 86.4 the proposed rule or amendment to the rule to provide comments 86.5 in writing to the watershed district. 86.6 (c) For each county affected by the watershed district, the 86.7 managers must publish a notice of hearings and adopted rules in 86.8 one or more legal newspapers published in the county and 86.9 generally circulated in the watershed district. The managers 86.10 must also provide written notice of adopted or amended rules to 86.11 public transportation authorities that have jurisdiction within 86.12 the watershed district. The managers must file adopted rules 86.13 with the county recorder of each county affected by the 86.14 watershed district and the board. 86.15 (d) The managers must mail a copy of the rules to the 86.16 governing body of each municipality affected by the watershed 86.17 district. 86.18 Sec. 108. Minnesota Statutes 2002, section 103D.345, is 86.19 amended by adding a subdivision to read: 86.20 Subd. 6. [GENERAL PERMITS.] A watershed district may issue 86.21 general permits for public transportation projects for work on 86.22 existing roads. 86.23 Sec. 109. Minnesota Statutes 2002, section 103D.405, 86.24 subdivision 2, is amended to read: 86.25 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years 86.26 and six months from the date that the board approved a watershed 86.27 management plan or the last revised watershed management plan, 86.28 the managers must consider the requirements under subdivision 1 86.29 and adopt a revised watershed management plan outline and send a 86.30 copy of the outline to the board. 86.31 (b) By 60 days after receiving a revised watershed 86.32 management plan outline, the board must review it, adopt 86.33 recommendations regarding the revised watershed management plan 86.34 outline, and send the recommendations to the managers. 86.35 (c)By 120 daysAfter receiving the board's recommendations 86.36 regarding the revised watershed management plan outline, the 87.1 managers must complete the revised watershed management plan. 87.2 Sec. 110. Minnesota Statutes 2002, section 103D.537, is 87.3 amended to read: 87.4 103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS 87.5NOT INVOLVING PROJECTS.] 87.6 (a) Except as provided in section 103D.535, an interested 87.7 party may appeal a permit decision or order made by the managers 87.8 by a declaratory judgment action brought under chapter 555. An 87.9 interested party may appeal a rule made by the managers by a 87.10 declaratory judgment action brought under chapter 555 or by 87.11 appeal to the board. The decision on appeal must be based on 87.12 the record made in the proceeding before the managers. An 87.13 appeal of a permit decision or order must be filed within 30 87.14 days of the managers' decision. 87.15 (b) In addition to the authorities identified in paragraph 87.16 (a), a public transportation authority may appeal a watershed 87.17 district permit decision to the board. The board shall, upon 87.18 request of the public transportation authority, conduct an 87.19 expedited appeal hearing within 30 days or less from the date of 87.20 the appeal being accepted. 87.21 (c) By January 1,19972005, the board shall adopt rules 87.22 governing appeals to the board underparagraph87.23 paragraphs (a) and (b). A decision of the board on appeal is 87.24 subject to judicial review under sections 14.63 to 14.69. The 87.25 rules authorized in this paragraph are exempt from the 87.26 rulemaking provisions of chapter 14 except that section 14.386 87.27 applies and the proposed rules must be submitted to the members 87.28 of senate and house environment and natural resource and 87.29 transportation policy committees at least 30 days prior to being 87.30 published in the State Register. The amended rules are 87.31 effective for two years from the date of publication of the 87.32 rules in the State Register unless they are superseded by 87.33 permanent rules. 87.34 Sec. 111. Minnesota Statutes 2002, section 103G.005, 87.35 subdivision 10e, is amended to read: 87.36 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government 88.1 unit" means: 88.2 (1) outside of the seven-county metropolitan area, a city 88.3 councilor, county board of commissioners, or a soil and water 88.4 conservation district or their delegate; 88.5 (2) in the seven-county metropolitan area, a city council, 88.6 a town board under section 368.01,ora watershed management 88.7 organization under section 103B.211, or a soil and water 88.8 conservation district or their delegate; and 88.9 (3) on state land, the agency with administrative 88.10 responsibility for the land. 88.11 Sec. 112. Minnesota Statutes 2002, section 103G.222, 88.12 subdivision 1, is amended to read: 88.13 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be 88.14 drained or filled, wholly or partially, unless replaced by 88.15 restoring or creating wetland areas of at least equal public 88.16 value under a replacement plan approved as provided in section 88.17 103G.2242, a replacement plan under a local governmental unit's 88.18 comprehensive wetland protection and management plan approved by 88.19 the board under section 103G.2243, or, if a permit to mine is 88.20 required under section 93.481, under a mining reclamation plan 88.21 approved by the commissioner under the permit to mine. Mining 88.22 reclamation plans shall apply the same principles and standards 88.23 for replacing wetlands by restoration or creation of wetland 88.24 areas that are applicable to mitigation plans approved as 88.25 provided in section 103G.2242. Public value must be determined 88.26 in accordance with section 103B.3355 or a comprehensive wetland 88.27 protection and management plan established under section 88.28 103G.2243. Sections 103G.221 to 103G.2372 also apply to 88.29 excavation in permanently and semipermanently flooded areas of 88.30 types 3, 4, and 5 wetlands. 88.31 (b) Replacement must be guided by the following principles 88.32 in descending order of priority: 88.33 (1) avoiding the direct or indirect impact of the activity 88.34 that may destroy or diminish the wetland; 88.35 (2) minimizing the impact by limiting the degree or 88.36 magnitude of the wetland activity and its implementation; 89.1 (3) rectifying the impact by repairing, rehabilitating, or 89.2 restoring the affected wetland environment; 89.3 (4) reducing or eliminating the impact over time by 89.4 preservation and maintenance operations during the life of the 89.5 activity; 89.6 (5) compensating for the impact by restoring a wetland; and 89.7 (6) compensating for the impact by replacing or providing 89.8 substitute wetland resources or environments. 89.9 For a project involving the draining or filling of wetlands 89.10 in an amount not exceeding 10,000 square feet more than the 89.11 applicable amount in section 103G.2241, subdivision 9, paragraph 89.12 (a), the local government unit may make an on-site sequencing 89.13 determination without a written alternatives analysis from the 89.14 applicant. 89.15 (c) If a wetland is located in a cultivated field, then 89.16 replacement must be accomplished through restoration only 89.17 without regard to the priority order in paragraph (b), provided 89.18 that a deed restriction is placed on the altered wetland 89.19 prohibiting nonagricultural use for at least ten years. 89.20 (d) Restoration and replacement of wetlands must be 89.21 accomplished in accordance with the ecology of the landscape 89.22 area affected. 89.23 (e) Except as provided in paragraph (f), for a wetland or 89.24 public waters wetland located on nonagricultural land, 89.25 replacement must be in the ratio of two acres of replaced 89.26 wetland for each acre of drained or filled wetland. 89.27 (f) For a wetland or public waters wetland located on 89.28 agricultural land or in a greater than 80 percent area, 89.29 replacement must be in the ratio of one acre of replaced wetland 89.30 for each acre of drained or filled wetland. 89.31 (g) Wetlands that are restored or created as a result of an 89.32 approved replacement plan are subject to the provisions of this 89.33 section for any subsequent drainage or filling. 89.34 (h) Except in a greater than 80 percent area, only wetlands 89.35 that have been restored from previously drained or filled 89.36 wetlands, wetlands created by excavation in nonwetlands, 90.1 wetlands created by dikes or dams along public or private 90.2 drainage ditches, or wetlands created by dikes or dams 90.3 associated with the restoration of previously drained or filled 90.4 wetlands may be used in a statewide banking program established 90.5 in rules adopted under section 103G.2242, subdivision 1. 90.6 Modification or conversion of nondegraded naturally occurring 90.7 wetlands from one type to another are not eligible for 90.8 enrollment in a statewide wetlands bank. 90.9 (i) The technical evaluation panel established under 90.10 section 103G.2242, subdivision 2, shall ensure that sufficient 90.11 time has occurred for the wetland to develop wetland 90.12 characteristics of soils, vegetation, and hydrology before 90.13 recommending that the wetland be deposited in the statewide 90.14 wetland bank. If the technical evaluation panel has reason to 90.15 believe that the wetland characteristics may change 90.16 substantially, the panel shall postpone its recommendation until 90.17 the wetland has stabilized. 90.18 (j) This section and sections 103G.223 to 103G.2242, 90.19 103G.2364, and 103G.2365 apply to the state and its departments 90.20 and agencies. 90.21 (k) For projects involving draining or filling of wetlands 90.22 associated with a new public transportation projectin a greater90.23than 80 percent area, and for projects expanded solely for 90.24 additional traffic capacity, public transportation authorities,90.25other than the state department of transportation, may purchase90.26credits from the state wetland bank established with proceeds90.27from Laws 1994, chapter 643, section 26, subdivision 3,90.28paragraph (c). Wetland banking credits may be purchased at the90.29least of the following, but in no case shall the purchase price90.30be less than $400 per acre: (1) the cost to the state to90.31establish the credits; (2) the average estimated market value of90.32agricultural land in the township where the road project is90.33located, as determined by the commissioner of revenue; or (3)90.34the average value of the land in the immediate vicinity of the90.35road project as determined by the county assessor. Public90.36transportation authorities in a less than 80 percent areamay 91.1 purchase credits from thestateboard at the cost to thestate91.2 board to establish credits. 91.3 (l) A replacement plan for wetlands is not required for 91.4 individual projects that result in the filling or draining of 91.5 wetlands for the repair, rehabilitation, reconstruction, or 91.6 replacement of a currently serviceable existing state, city, 91.7 county, or town public road necessary, as determined by the 91.8 public transportation authority, to meet state or federal design 91.9 or safety standards or requirements, excluding new roads or 91.10 roads expanded solely for additional traffic capacity lanes. 91.11 This paragraph only applies to authorities for public 91.12 transportation projects that: 91.13 (1) minimize the amount of wetland filling or draining 91.14 associated with the project and consider mitigating important 91.15 site-specific wetland functions on-site; 91.16 (2) except as provided in clause (3), submit 91.17 project-specific reports to the board, the technical evaluation 91.18 panel, the commissioner of natural resources, and members of the 91.19 public requesting a copy at least 30 days prior to construction 91.20 that indicate the location, amount, and type of wetlands to be 91.21 filled or drained by the project or, alternatively, convene an 91.22 annual meeting of the parties required to receive notice to 91.23 review projects to be commenced during the upcoming year; and 91.24 (3) for minor and emergency maintenance work impacting less 91.25 than 10,000 square feet, submit project-specific reports, within 91.26 30 days of commencing the activity, to the board that indicate 91.27 the location, amount, and type of wetlands that have been filled 91.28 or drained. 91.29 Those required to receive notice of public transportation 91.30 projects may appeal minimization, delineation, and on-site 91.31 mitigation decisions made by the public transportation authority 91.32 to the board according to the provisions of section 103G.2242, 91.33 subdivision 9. The technical evaluation panel shall review 91.34 minimization and delineation decisions made by the public 91.35 transportation authority and provide recommendations regarding 91.36 on-site mitigation if requested to do so by the local government 92.1 unit, a contiguous landowner, or a member of the technical 92.2 evaluation panel. 92.3 Except for state public transportation projects, for which 92.4 the state department of transportation is responsible, the board 92.5 must replace the wetlands, and wetland areas of public waters if 92.6 authorized by the commissioner or a delegated authority, drained 92.7 or filled by public transportation projects on existing roads. 92.8 Public transportation authorities at their discretion may 92.9 deviate from federal and state design standards on existing road 92.10 projects when practical and reasonable to avoid wetland filling 92.11 or draining, provided that public safety is not unreasonably 92.12 compromised. The local road authority and its officers and 92.13 employees are exempt from liability for any tort claim for 92.14 injury to persons or property arising from travel on the highway 92.15 and related to the deviation from the design standards for 92.16 construction or reconstruction under this paragraph. This 92.17 paragraph does not preclude an action for damages arising from 92.18 negligence in construction or maintenance on a highway. 92.19 (m) If a landowner seeks approval of a replacement plan 92.20 after the proposed project has already affected the wetland, the 92.21 local government unit may require the landowner to replace the 92.22 affected wetland at a ratio not to exceed twice the replacement 92.23 ratio otherwise required. 92.24 (n) A local government unit may request the board to 92.25 reclassify a county or watershed on the basis of its percentage 92.26 of presettlement wetlands remaining. After receipt of 92.27 satisfactory documentation from the local government, the board 92.28 shall change the classification of a county or watershed. If 92.29 requested by the local government unit, the board must assist in 92.30 developing the documentation. Within 30 days of its action to 92.31 approve a change of wetland classifications, the board shall 92.32 publish a notice of the change in the Environmental Quality 92.33 Board Monitor. 92.34 (o) One hundred citizens who reside within the jurisdiction 92.35 of the local government unit may request the local government 92.36 unit to reclassify a county or watershed on the basis of its 93.1 percentage of presettlement wetlands remaining. In support of 93.2 their petition, the citizens shall provide satisfactory 93.3 documentation to the local government unit. The local 93.4 government unit shall consider the petition and forward the 93.5 request to the board under paragraph (n) or provide a reason why 93.6 the petition is denied. 93.7 Sec. 113. Minnesota Statutes 2002, section 103G.2242, is 93.8 amended by adding a subdivision to read: 93.9 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for 93.10 managing wetland bank accounts and transactions as follows: 93.11 (1) account maintenance annual fee: one percent of the 93.12 value of credits not to exceed $500; 93.13 (2) account establishment, deposit, or transfer: 6.5 93.14 percent of the value of credits not to exceed $1,000 per 93.15 establishment, deposit, or transfer; and 93.16 (3) withdrawal fee: 6.5 percent of the value of credits 93.17 withdrawn. 93.18 Sec. 114. Minnesota Statutes 2002, section 103G.2242, is 93.19 amended by adding a subdivision to read: 93.20 Subd. 15. [FEES PAID TO BOARD.] All fees established in 93.21 subdivision 14 must be paid to the board of water and soil 93.22 resources and credited to the general fund to be used for the 93.23 purpose of administration of the wetland bank. 93.24 Sec. 115. Minnesota Statutes 2002, section 103G.271, 93.25 subdivision 6, is amended to read: 93.26 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 93.27 described in paragraphs (b) to (f), a water use permit 93.28 processing fee must be prescribed by the commissioner in 93.29 accordance with thefollowingschedule of fees in this 93.30 subdivision for each water use permit in force at any time 93.31 during the year. The schedule is as follows, with the stated 93.32 fee in each clause applied to the total amount appropriated: 93.33 (1)0.05 cents per 1,000 gallons$101 forthe firstamounts 93.34 not exceeding 50,000,000 gallons per year; 93.35 (2)0.10 cents$3 per1,0001,000,000 gallons for amounts 93.36 greater than 50,000,000 gallons but less than 100,000,000 94.1 gallons per year; 94.2 (3)0.15 cents$3.50 per1,0001,000,000 gallons for 94.3 amounts greater than 100,000,000 gallons but less than 94.4 150,000,000 gallons per year; 94.5 (4)0.20 cents$4 per1,0001,000,000 gallons for amounts 94.6 greater than 150,000,000 gallons but less than 200,000,000 94.7 gallons per year; 94.8 (5)0.25 cents$4.50 per1,0001,000,000 gallons for 94.9 amounts greater than 200,000,000 gallons but less than 94.10 250,000,000 gallons per year; 94.11 (6)0.30 cents$5 per1,0001,000,000 gallons for amounts 94.12 greater than 250,000,000 gallons but less than 300,000,000 94.13 gallons per year; 94.14 (7)0.35 cents$5.50 per1,0001,000,000 gallons for 94.15 amounts greater than 300,000,000 gallons but less than 94.16 350,000,000 gallons per year; 94.17 (8)0.40 cents$6 per1,0001,000,000 gallons for amounts 94.18 greater than 350,000,000 gallons but less than 400,000,000 94.19 gallons per year;and94.20 (9)0.45 cents$6.50 per1,0001,000,000 gallons for 94.21 amounts greater than 400,000,000 gallons but less than 94.22 450,000,000 gallons per year.; 94.23 (10) $7 per 1,000,000 gallons for amounts greater than 94.24 450,000,000 gallons but less than 500,000,000 gallons per year; 94.25 and 94.26 (11) $7.50 per 1,000,000 gallons for amounts greater than 94.27 500,000,000 gallons per year. 94.28 (b) For once-through cooling systems, a water use 94.29 processing fee must be prescribed by the commissioner in 94.30 accordance with the following schedule of fees for each water 94.31 use permit in force at any time during the year: 94.32 (1) for nonprofit corporations and school districts,15.094.33cents$150 per1,0001,000,000 gallons; and 94.34 (2) for all other users,20 cents$200 per1,0001,000,000 94.35 gallons. 94.36 (c) The fee is payable based on the amount of water 95.1 appropriated during the year and, except as provided in 95.2 paragraph (f), the minimum fee is$50$100. 95.3 (d) For water use processing fees other than once-through 95.4 cooling systems: 95.5 (1) the fee for a city of the first class may not exceed 95.6$175,000$250,000 per year; 95.7 (2) the fee for other entities for any permitted use may 95.8 not exceed: 95.9 (i)$35,000$50,000 per year for an entity holding three or 95.10 fewer permits; 95.11 (ii)$50,000$75,000 per year for an entity holding four or 95.12 five permits; 95.13 (iii)$175,000$250,000 per year for an entity holding more 95.14 than five permits; 95.15 (3) the fee for agricultural irrigation may not exceed $750 95.16 per year; 95.17 (4) the fee for a municipality that furnishes electric 95.18 service and cogenerates steam for home heating may not exceed 95.19 $10,000 for its permit for water use related to the cogeneration 95.20 of electricity and steam; and 95.21 (5) no fee is required for a project involving the 95.22 appropriation of surface water to prevent flood damage or to 95.23 remove flood waters during a period of flooding, as determined 95.24 by the commissioner. 95.25 (e) Failure to pay the fee is sufficient cause for revoking 95.26 a permit. A penalty of two percent per month calculated from 95.27 the original due date must be imposed on the unpaid balance of 95.28 fees remaining 30 days after the sending of a second notice of 95.29 fees due. A fee may not be imposed on an agency, as defined in 95.30 section 16B.01, subdivision 2, or federal governmental agency 95.31 holding a water appropriation permit. 95.32 (f) The minimum water use processing fee for a permit 95.33 issued for irrigation of agricultural land is$10$20 for years 95.34 in which: 95.35 (1) there is no appropriation of water under the permit; or 95.36 (2) the permit is suspended for more than seven consecutive 96.1 days between May 1 and October 1. 96.2 Sec. 116. Minnesota Statutes 2002, section 103G.271, 96.3 subdivision 6a, is amended to read: 96.4 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED 96.5 APPROPRIATIONS.] An entity that appropriates water without a 96.6 required permit under subdivision 1 must pay the applicable 96.7 water use permit processing fee specified in subdivision 6 for 96.8 the period during which the unpermitted appropriation occurred. 96.9 The fees for unpermitted appropriations are required for the 96.10 previous seven calendar years after being notified of the need 96.11 for a permit. This fee is in addition to any other fee or 96.12 penalty assessed. 96.13 Sec. 117. Minnesota Statutes 2002, section 103G.271, is 96.14 amended by adding a subdivision to read: 96.15 Subd. 8. [GROUNDWATER ANALYSIS.] The commissioner of 96.16 natural resources must look at groundwater flows and aquifer 96.17 recharge in the state in order to understand whether the 96.18 appropriation of groundwater is sustainable. 96.19 Sec. 118. Minnesota Statutes 2002, section 103G.611, 96.20 subdivision 1, is amended to read: 96.21 Subdivision 1. [REQUIREMENTREQUIREMENTS.] (a) The fee for 96.22 a permit to operate an aeration system on public waters during 96.23 periods of ice cover is $250. The commissioner may waive the 96.24 fee for aeration systems that are assisting department efforts 96.25 to maintain angling opportunities through the prevention of 96.26 winterkill. To be eligible for the fee waiver, the lake being 96.27 aerated must have public access and aeration must be identified 96.28 as a desirable management tool in a plan approved by the 96.29 commissioner. Operation of the aeration system in a manner not 96.30 consistent with the approved plan represents justification for 96.31 rescinding the fee waiver. The fee may not be charged to the 96.32 state or a federal governmental agency applying for a permit. 96.33 The money received for the permits under this subdivision must 96.34 be deposited in the treasury and credited to the game and fish 96.35 fund. 96.36 (b) A person operating an aeration system on public waters 97.1 under a water aeration permit must comply with the sign posting 97.2 requirements of this section and applicable rules of the 97.3 commissioner. 97.4 Sec. 119. Minnesota Statutes 2002, section 103G.615, 97.5 subdivision 2, is amended to read: 97.6 Subd. 2. [FEES.] (a) The commissioner shall establish a 97.7 fee schedule for permits to harvest aquatic plants other than 97.8 wild rice, by order, after holding a public hearing. The fees 97.9 may not exceed$200$750 per permit based upon the cost of 97.10 receiving, processing, analyzing, and issuing the permit, and 97.11 additional costs incurred after the application to inspect and 97.12 monitor the activities authorized by the permit, and enforce 97.13 aquatic plant management rules and permit requirements. 97.14 (b) The fee for a permit forchemical treatmentthe 97.15 destruction of rooted aquatic vegetationmay not exceed $20is 97.16 $35 for each contiguous parcel of shoreline owned by an owner. 97.17 This fee may not be charged for permits issued in connection 97.18 with lakewide Eurasian water milfoil control programs. 97.19 (c) A fee may not be charged to the state or a federal 97.20 governmental agency applying for a permit. 97.21 (d) The money received for the permits under this 97.22 subdivision shall be deposited in the treasury and credited to 97.23 the game and fish fund. 97.24 Sec. 120. Minnesota Statutes 2002, section 115.03, is 97.25 amended by adding a subdivision to read: 97.26 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH 97.27 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 97.28 period in which this subdivision is in effect, all point source 97.29 storm water discharges that are subject to and in compliance 97.30 with an individual or general storm water permit issued by the 97.31 pollution control agency under the National Pollution Discharge 97.32 Elimination System are considered to be in compliance with the 97.33 nondegradation and mitigation requirements of Minnesota Rules, 97.34 parts 7050.0180, 7050.0185, and 7050.0186. 97.35 (b) This subdivision is repealed on the earlier of July 1, 97.36 2007, or the effective date of rules adopted by the pollution 98.1 control agency that provide specific mechanisms or criteria to 98.2 determine whether point source storm water discharges comply 98.3 with the nondegradation and mitigation requirements of Minnesota 98.4 Rules, parts 7050.0180, 7050.0185, and 7050.0186. 98.5 [EFFECTIVE DATE.] This section is effective the day 98.6 following final enactment. 98.7 Sec. 121. Minnesota Statutes 2002, section 115.03, is 98.8 amended by adding a subdivision to read: 98.9 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The 98.10 agency may issue a general permit to any category or subcategory 98.11 of point source storm water discharges that it deems 98.12 administratively reasonable and efficient without making any 98.13 findings under Minnesota Rules, part 7001.0210. Nothing in this 98.14 subdivision precludes the agency from requiring an individual 98.15 permit for a point source storm water discharge if the agency 98.16 finds that it is appropriate under applicable legal or 98.17 regulatory standards. 98.18 (b) Pursuant to this paragraph, the legislature authorizes 98.19 the agency to adopt and enforce rules regulating point source 98.20 storm water discharges. No further legislative approval is 98.21 required under any other legal or statutory provision whether 98.22 enacted before or after the enactment of this section. 98.23 [EFFECTIVE DATE.] This section is effective the day 98.24 following final enactment. 98.25 Sec. 122. Minnesota Statutes 2002, section 115A.54, is 98.26 amended by adding a subdivision to read: 98.27 Subd. 4. [TERMINATION OF OBLIGATIONS; GOOD-FAITH 98.28 EFFORT.] Notwithstanding the provisions of section 16A.695, the 98.29 director may terminate the obligations of a grant or loan 98.30 recipient under this section, if the director finds that the 98.31 recipient has made a good-faith effort to exhaust all options in 98.32 trying to comply with the terms and conditions of the grant or 98.33 loan. In lieu of declaring a default on a grant or a loan under 98.34 this section, the director may identify additional measures a 98.35 recipient should take in order to meet the good-faith test 98.36 required for terminating the recipient's obligations under this 99.1 section. By December 15 of each year, the director shall report 99.2 to the legislature the defaults and terminations the director 99.3 has ordered in the previous year, if any. No decision on 99.4 termination under this section is effective until the end of the 99.5 legislative session following the director's report. 99.6 Sec. 123. Minnesota Statutes 2002, section 115A.545, 99.7 subdivision 2, is amended to read: 99.8 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 99.9 counties a processing payment for each ton of mixed municipal 99.10 solid waste that is generated in the county and processed at a 99.11 resource recovery facility. The processing payment shall be $5 99.12 for each ton of mixed municipal solid waste processed. 99.13 (b)The director shall also pay a processing payment to a99.14county that does not qualify under paragraph (a) that99.15constructed a processing facility and that either:99.16(1) contracts for waste generated in the county to be99.17received at a facility in that county; or99.18(2) has a comprehensive solid waste management plan99.19approved by the director under section 115A.46 that demonstrates99.20the intention of the county to make the processing facility99.21operational.99.22 The processing payment shall be $5 for each ton of mixed 99.23 municipal waste generated in the county and delivered under 99.24 contract with the county. 99.25 (c) By the last day of October, January, April, and July, 99.26 each county claiming the processing payment shall file a claim 99.27 for payment with the director for the three previous months 99.28 certifying the number of tons of mixed municipal solid waste 99.29 that were generated in the county and processed at a resource 99.30 recovery facility. The director shall pay the processing 99.31 payments by November 15, February 15, May 15, and August 15 each 99.32 year. 99.33 (d) If the total amount for which all counties are eligible 99.34 in a quarter exceeds the amount available for payment, the 99.35 director shall make the payments on a pro rata basis. 99.36 (e)All of theMoney received by a county under paragraph 100.1 (a)mustmay be usedto lower the tipping fee for waste to be100.2processed at a resource recovery facility.for the following 100.3 purposes: 100.4 (1) to reduce the amount of solid waste generated; 100.5 (2) to recycle the maximum amount of solid waste 100.6 technically feasible; 100.7 (3) to create and support markets for recycled products; 100.8 (4) to remove problem materials from the solid waste stream 100.9 and develop proper disposal options for them; 100.10 (5) to inform and educate all sectors of the public about 100.11 proper solid waste management procedures; 100.12 (6) to provide technical assistance to public and private 100.13 entities to ensure proper solid waste management; 100.14 (7) to provide educational, technical, and financial 100.15 assistance for litter prevention; and 100.16 (8) to process mixed municipal solid waste generated in the 100.17 county at a resource recovery facility. 100.18(f) Amounts received by a county under:100.19(1) paragraph (b), clause (1), must be used to lower the100.20tipping fee for waste received at a waste management facility100.21within the county for waste received under contract with the100.22county at a facility in the county; or100.23(2) paragraph (b), clause (2), must be used to assist in100.24making the county's processing facility operational.100.25 Sec. 124. Minnesota Statutes 2002, section 115A.908, 100.26 subdivision 2, is amended to read: 100.27 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 100.28 credited to themotor vehicle transfer account in the100.29environmental fund. As cash flow permits, the commissioner of100.30finance must transfer (1) $3,200,000 each fiscal year from the100.31motor vehicle transfer account to the environmental response,100.32compensation, and compliance account established in section100.33115B.20; and (2) $1,200,000 each fiscal year from the motor100.34vehicle transfer account to the generalenvironmental fund. 100.35 Sec. 125. Minnesota Statutes 2002, section 115C.02, 100.36 subdivision 14, is amended to read: 101.1 Subd. 14. [TANK.] "Tank" means any one or a combination of 101.2 containers, vessels, and enclosures, including structures and 101.3 appurtenances connected to them, that is, or has been, used to 101.4 containor, dispense, store, or transport petroleum. 101.5 "Tank" does not include: 101.6(1) a mobile storage tank used to transport petroleum from101.7one location to another, except a mobile storage tank with a101.8capacity of 500 gallons or less used only to transport home101.9heating fuel on private property; or101.10(2)pipeline facilities, including gathering lines, 101.11 regulated under the Natural Gas Pipeline Safety Act of 1968, 101.12 United States Code, title 49, chapter 24, or the Hazardous 101.13 Liquid Pipeline Safety Act of 1979, United States Code, title 101.14 49, chapter 29. 101.15 Sec. 126. Minnesota Statutes 2002, section 115C.08, 101.16 subdivision 4, is amended to read: 101.17 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 101.18 spent: 101.19 (1) to administer the petroleum tank release cleanup 101.20 program established in this chapter; 101.21 (2) for agency administrative costs under sections 116.46 101.22 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 101.23 action taken by the agency under section 115C.03, including 101.24 investigations; 101.25 (3) for costs of recovering expenses of corrective actions 101.26 under section 115C.04; 101.27 (4) for training, certification, and rulemaking under 101.28 sections 116.46 to 116.50; 101.29 (5) for agency administrative costs of enforcing rules 101.30 governing the construction, installation, operation, and closure 101.31 of aboveground and underground petroleum storage tanks; 101.32 (6) for reimbursement of the environmental response, 101.33 compensation, and compliance account under subdivision 5 and 101.34 section 115B.26, subdivision 4; 101.35 (7) for administrative and staff costs as set by the board 101.36 to administer the petroleum tank release program established in 102.1 this chapter; 102.2 (8) for corrective action performance audits under section 102.3 115C.093;and102.4 (9) for contamination cleanup grants, as provided in 102.5 paragraph (c); and 102.6 (10) to assess and remove abandoned underground storage 102.7 tanks under section 115C.094 and, if a release is discovered, to 102.8 pay for the specific consultant and contractor services costs 102.9 necessary to complete the tank removal project, including, but 102.10 not limited to, excavation soil sampling, groundwater sampling, 102.11 soil disposal, and completion of an excavation report. 102.12 (b) Except as provided in paragraph (c), money in the fund 102.13 is appropriated to the board to make reimbursements or payments 102.14 under this section. 102.15 (c) $6,200,000 is annually appropriated from the fund to 102.16 the commissioner of trade and economic development for 102.17 contamination cleanup grants under section 116J.554. Of this 102.18 amount, the commissioner may spend up to $120,000 annually for 102.19 administration of the contamination cleanup grant program. The 102.20 appropriation does not cancel and is available until expended. 102.21 The appropriation shall not be withdrawn from the fund nor the 102.22 fund balance reduced until the funds are requested by the 102.23 commissioner of trade and economic development. The 102.24 commissioner shall schedule requests for withdrawals from the 102.25 fund to minimize the necessity to impose the fee authorized by 102.26 subdivision 2. Unless otherwise provided, the appropriation in 102.27 this paragraph may be used for: 102.28 (1) project costs at a qualifying site if a portion of the 102.29 cleanup costs are attributable to petroleum contamination; and 102.30 (2) the costs of performing contamination investigation if 102.31 there is a reasonable basis to suspect the contamination is 102.32 attributable to petroleum. 102.33 Sec. 127. Minnesota Statutes 2002, section 115C.09, 102.34 subdivision 3, is amended to read: 102.35 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 102.36 The board shall reimburse an eligible applicant from the fund 103.1 for 90 percent of the total reimbursable costs incurred at the 103.2 site, except that the board may reimburse an eligible applicant 103.3 from the fund for greater than 90 percent of the total 103.4 reimbursable costs, if the applicant previously qualified for a 103.5 higher reimbursement rate. For costs associated with a release 103.6 from a tank in transport, the board may reimburse 90 percent of 103.7 costs over $10,000, with the maximum reimbursement not to exceed 103.8 $100,000. 103.9 Not more than $1,000,000 may be reimbursed for costs 103.10 associated with a single release, regardless of the number of 103.11 persons eligible for reimbursement, and not more than $2,000,000 103.12 may be reimbursed for costs associated with a single tank 103.13 facility. 103.14 (b) A reimbursement may not be made from the fund under 103.15 this chapter until the board has determined that the costs for 103.16 which reimbursement is requested were actually incurred and were 103.17 reasonable. 103.18 (c) When an applicant has obtained responsible competitive 103.19 bids or proposals according to rules promulgated under this 103.20 chapter prior to June 1, 1995, the eligible costs for the tasks, 103.21 procedures, services, materials, equipment, and tests of the low 103.22 bid or proposal are presumed to be reasonable by the board, 103.23 unless the costs of the low bid or proposal are substantially in 103.24 excess of the average costs charged for similar tasks, 103.25 procedures, services, materials, equipment, and tests in the 103.26 same geographical area during the same time period. 103.27 (d) When an applicant has obtained a minimum of two 103.28 responsible competitive bids or proposals on forms prescribed by 103.29 the board and where the rules promulgated under this chapter 103.30 after June 1, 1995, designate maximum costs for specific tasks, 103.31 procedures, services, materials, equipment and tests, the 103.32 eligible costs of the low bid or proposal are deemed reasonable 103.33 if the costs are at or below the maximums set forth in the rules. 103.34 (e) Costs incurred for change orders executed as prescribed 103.35 in rules promulgated under this chapter after June 1, 1995, are 103.36 presumed reasonable if the costs are at or below the maximums 104.1 set forth in the rules, unless the costs in the change order are 104.2 above those in the original bid or proposal or are 104.3 unsubstantiated and inconsistent with the process and standards 104.4 required by the rules. 104.5 (f) A reimbursement may not be made from the fund in 104.6 response to either an initial or supplemental application for 104.7 costs incurred after June 4, 1987, that are payable under an 104.8 applicable insurance policy, except that if the board finds that 104.9 the applicant has made reasonable efforts to collect from an 104.10 insurer and failed, the board shall reimburse the applicant. 104.11 (g) If the board reimburses an applicant for costs for 104.12 which the applicant has insurance coverage, the board is 104.13 subrogated to the rights of the applicant with respect to that 104.14 insurance coverage, to the extent of the reimbursement by the 104.15 board. The board may request the attorney general to bring an 104.16 action in district court against the insurer to enforce the 104.17 board's subrogation rights. Acceptance by an applicant of 104.18 reimbursement constitutes an assignment by the applicant to the 104.19 board of any rights of the applicant with respect to any 104.20 insurance coverage applicable to the costs that are reimbursed. 104.21 Notwithstanding this paragraph, the board may instead request a 104.22 return of the reimbursement under subdivision 5 and may employ 104.23 against the applicant the remedies provided in that subdivision, 104.24 except where the board has knowingly provided reimbursement 104.25 because the applicant was denied coverage by the insurer. 104.26 (h) Money in the fund is appropriated to the board to make 104.27 reimbursements under this chapter. A reimbursement to a state 104.28 agency must be credited to the appropriation account or accounts 104.29 from which the reimbursed costs were paid. 104.30 (i) The board may reduce the amount of reimbursement to be 104.31 made under this chapter if it finds that the applicant has not 104.32 complied with a provision of this chapter, a rule or order 104.33 issued under this chapter, or one or more of the following 104.34 requirements: 104.35 (1) the agency was given notice of the release as required 104.36 by section 115.061; 105.1 (2) the applicant, to the extent possible, fully cooperated 105.2 with the agency in responding to the release; 105.3 (3) the state rules applicable after December 22, 1993, to 105.4 operating an underground storage tank and appurtenances without 105.5 leak detection; 105.6 (4) the state rules applicable after December 22, 1998, to 105.7 operating an underground storage tank and appurtenances without 105.8 corrosion protection or spill and overfill protection; and 105.9 (5) the state rule applicable after November 1, 1998, to 105.10 operating an aboveground tank without a dike or other structure 105.11 that would contain a spill at the aboveground tank site. 105.12 (j) The reimbursement may be reduced as much as 100 percent 105.13 for failure by the applicant to comply with the requirements in 105.14 paragraph (i), clauses (1) to (5). In determining the amount of 105.15 the reimbursement reduction, the board shall consider: 105.16 (1) the reasonable determination by the agency that the 105.17 noncompliance poses a threat to the environment; 105.18 (2) whether the noncompliance was negligent, knowing, or 105.19 willful; 105.20 (3) the deterrent effect of the award reduction on other 105.21 tank owners and operators; 105.22 (4) the amount of reimbursement reduction recommended by 105.23 the commissioner; and 105.24 (5) the documentation of noncompliance provided by the 105.25 commissioner. 105.26 (k) An applicant mayassign the right to receive105.27reimbursement torequest that the board issue a multiparty check 105.28 that includes each lender who advanced funds to pay the costs of 105.29 the corrective action or to each contractor or consultant who 105.30 provided corrective action services.An assignmentThis request 105.31 must be made by filing with the board a document, in a form 105.32 prescribed by the board, indicating the identity of the 105.33 applicant, the identity of theassigneelender, contractor, or 105.34 consultant, the dollar amountof the assignment, and the 105.35 location of the corrective action.An assignment signed by the105.36applicant is valid unless terminated by filing a termination106.1with the board, in a form prescribed by the board, which must106.2include the written concurrence of the assignee. The board106.3shall maintain an index of assignments filed under this106.4paragraph. The board shall pay the reimbursement to the106.5applicant and to one or more assignees by a multiparty106.6check.The applicant must submit a request for the issuance of 106.7 a multiparty check for each application submitted to the board. 106.8 Payment under this paragraph does not constitute the assignment 106.9 of the applicant's right to reimbursement to the consultant, 106.10 contractor, or lender. The board has no liability to an 106.11 applicant for a paymentunder an assignment meetingissued as a 106.12 multiparty check that meets the requirements of this paragraph. 106.13 Sec. 128. Minnesota Statutes 2002, section 115C.09, is 106.14 amended by adding a subdivision to read: 106.15 Subd. 3i. [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 106.16 used in this subdivision, "natural disaster area" means a 106.17 geographical area that has been declared a disaster by the 106.18 governor and President of the United States. 106.19 (b) Notwithstanding subdivision 3, paragraph (a), and 106.20 Minnesota Rules, chapter 2890, with the exception of Minnesota 106.21 Rules, parts 2890.0010 to 2890.0065, and 2890.0090 to 2890.0130, 106.22 the board may reimburse: 106.23 (1) up to 50 percent of an applicant' pre-natural-disaster 106.24 estimated building market value as recorded by the county 106.25 assessor; or 106.26 (2) if the applicant conveys title of the real estate to 106.27 local or state government, up to 50 percent of the 106.28 pre-natural-disaster estimated total market value, not to exceed 106.29 one acre, as recorded by the county assessor. 106.30 (c) Paragraph (b) applies only if the applicant documents 106.31 that: 106.32 (1) the natural disaster area has been declared eligible 106.33 for state or federal emergency aid; 106.34 (2) the building is declared uninhabitable by the 106.35 commissioner because of damage caused by the release of 106.36 petroleum from a petroleum storage tank; and 107.1 (3) the applicant has submitted a claim under any 107.2 applicable insurance policies and has been denied benefits under 107.3 those policies. 107.4 (d) In determining the percentage for reimbursement, the 107.5 board shall consider the applicant's eligibility to receive 107.6 other state or federal financial assistance and determine a 107.7 lesser reimbursement rate to the extent that the applicant is 107.8 eligible to receive financial assistance that exceeds 50 percent 107.9 of the applicant's pre-natural-disaster estimated building 107.10 market value or total market value. 107.11 Sec. 129. Minnesota Statutes 2002, section 115C.09, is 107.12 amended by adding a subdivision to read: 107.13 Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 107.14 As used in this subdivision, "retail location" means a facility 107.15 located in the metropolitan area as defined in section 473.121, 107.16 subdivision 2, where gasoline is offered for sale to the general 107.17 public for use in automobiles and trucks. "Transport vehicle" 107.18 means a liquid fuel cargo tank used to deliver gasoline into 107.19 underground storage tanks during 2002 at a retail location. 107.20 (b) Notwithstanding any other provision in this chapter, 107.21 and any rules adopted under this chapter, the board shall 107.22 reimburse 90 percent of an applicant's cost for retrofits of 107.23 retail locations and transport vehicles completed between 107.24 January 1, 2001, and January 1, 2006, to comply with section 107.25 116.49, subdivisions 3 and 4, provided that the board determines 107.26 the costs were incurred and reasonable. The reimbursement may 107.27 not exceed $3,000 per retail location and $3,000 per transport 107.28 vehicle. 107.29 Sec. 130. [115C.094] [ABANDONED UNDERGROUND STORAGE 107.30 TANKS.] 107.31 (a) As used in this section, an abandoned underground 107.32 petroleum storage tank means an underground petroleum storage 107.33 tank that was: 107.34 (1) taken out of service prior to December 22, 1988; or 107.35 (2) taken out of service on or after December 22, 1988, if 107.36 the current property owner did not know of the existence of the 108.1 underground petroleum storage tank and cannot reasonably be 108.2 expected to have known of the tank's existence. 108.3 (b) The board may contract for: 108.4 (1) a statewide assessment in order to determine the 108.5 quantity, location, cost, and feasibility of removing abandoned 108.6 underground petroleum storage tanks; 108.7 (2) the removal of an abandoned underground petroleum 108.8 storage tank; and 108.9 (3) the removal and disposal of petroleum-contaminated soil 108.10 if the removal is required by the commissioner at the time of 108.11 tank removal. 108.12 (c) Before the board may contract for removal of an 108.13 abandoned petroleum storage tank, the tank owner must provide 108.14 the board with written access to the property and release the 108.15 board from any potential liability for the work performed. 108.16 (d) Money in the fund is appropriated to the board for the 108.17 purposes of this section. 108.18 Sec. 131. Minnesota Statutes 2002, section 115C.11, 108.19 subdivision 1, is amended to read: 108.20 Subdivision 1. [REGISTRATION.] (a) All consultants and 108.21 contractors who perform corrective action services must register 108.22 with the board. In order to register, consultants must meet and 108.23 demonstrate compliance with the following criteria: 108.24 (1) provide a signed statement to the board verifying 108.25 agreement to abide by this chapter and the rules adopted under 108.26 it and to include a signed statement with each claim that all 108.27 costs claimed by the consultant are a true and accurate account 108.28 of services performed; 108.29 (2) provide a signed statement that the consultant shall 108.30 make available for inspection any records requested by the board 108.31 for field or financial audits under the scope of this chapter; 108.32 (3) certify knowledge of the requirements of this chapter 108.33 and the rules adopted under it; 108.34 (4) obtain and maintain professional liability coverage, 108.35 including pollution impairment liability; and 108.36 (5) agree to submit to the board a certificate or 109.1 certificates verifying the existence of the required insurance 109.2 coverage. 109.3 (b) The board must maintain a list of all registered 109.4 consultants and a list of all registered contractors. 109.5 (c) All corrective action services must be performed by 109.6 registered consultants and contractors. 109.7 (d) Reimbursement for corrective action services performed 109.8 by an unregistered consultant or contractor is subject to 109.9 reduction under section 115C.09, subdivision 3, paragraph (i). 109.10 (e) Corrective action services performed by a consultant or 109.11 contractor prior to being removed from the registration list may 109.12 be reimbursed without reduction by the board. 109.13 (f) If the information in an application for registration 109.14 becomes inaccurate or incomplete in any material respect, the 109.15 registered consultant or contractor must promptly file a 109.16 corrected application with the board. 109.17 (g) Registration is effective 30 days after a complete 109.18 application is received by the board. The board may reimburse 109.19 without reduction the cost of work performed by an unregistered 109.20 contractor if the contractor performed the work within 60 days 109.21 of the effective date of registration. 109.22 (h) Registration for consultants under this section remains 109.23 in force until the expiration date of the professional liability 109.24 coverage, including pollution impairment liability, required 109.25 under paragraph (a), clause (4), or until voluntarily terminated 109.26 by the registrant, or until suspended or revoked by the 109.27 commissioner of commerce. Registration for contractors under 109.28 this section expires each year on the anniversary of the 109.29 effective date of the contractor's most recent registration and 109.30 must be renewed on or before expiration. Prior to its annual 109.31 expiration, a registration remains in force until voluntarily 109.32 terminated by the registrant, or until suspended or revoked by 109.33 the commissioner of commerce. All registrants must comply with 109.34 registration criteria under this section. 109.35 (i) The board may deny a consultant or contractor 109.36 registration or request for renewal under this section if the 110.1 consultant or contractor: 110.2 (1) does not intend to or is not in good faith carrying on 110.3 the business of an environmental consultant or contractor; 110.4 (2) has filed an application for registration that is 110.5 incomplete in any material respect or contains any statement 110.6 which, in light of the circumstances under which it is made, 110.7 contains any misrepresentation, or is false, misleading, or 110.8 fraudulent; 110.9 (3) has engaged in any fraudulent, coercive, deceptive, or 110.10 dishonest act or practice whether or not such act or practice 110.11 involves the business of environmental consulting or 110.12 contracting; 110.13 (4) has forged another's name to any document whether or 110.14 not the document relates to a document approved by the board; 110.15 (5) has plead guilty, with or without explicitly admitting 110.16 guilt; plead nolo contendere; or been convicted of a felony, 110.17 gross misdemeanor, or misdemeanor involving moral turpitude, 110.18 including, but not limited to, assault, harassment, or similar 110.19 conduct; 110.20 (6) has been subject to disciplinary action in another 110.21 state or jurisdiction; or 110.22 (7) has not paid subcontractors hired by the consultant or 110.23 contractor after they have been paid in full by the applicant. 110.24 Sec. 132. Minnesota Statutes 2002, section 115C.13, is 110.25 amended to read: 110.26 115C.13 [REPEALER.] 110.27 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 110.28 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 110.29 115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 110.30 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 110.3120052007. 110.32 Sec. 133. Minnesota Statutes 2002, section 116.073, 110.33 subdivision 1, is amended to read: 110.34 Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control 110.35 agency staff designated by the commissioner and department of 110.36 natural resources conservation officers may issue citations to a 111.1 person who: 111.2 (1) disposes of solid waste as defined in section 116.06, 111.3 subdivision 22, at a location not authorized by law for the 111.4 disposal of solid waste without permission of the owner of the 111.5 property; 111.6 (2) fails to report or recover discharges as required under 111.7 section 115.061;or111.8 (3) fails to take discharge preventive or preparedness 111.9 measures required under chapter 115E; or 111.10 (4) fails to install or use vapor recovery equipment during 111.11 the transfer of gasoline from a transport delivery vehicle to an 111.12 underground storage tank as required in section 116.49, 111.13 subdivisions 3 and 4. 111.14 (b) In addition, pollution control agency staff designated 111.15 by the commissioner may issue citations to owners and operators 111.16 of facilities dispensing petroleum products who violate sections 111.17 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 111.18 parts 7001.4200 to 7001.4300. A citation issued under this 111.19 subdivision must include a requirement that the person cited 111.20 remove and properly dispose of or otherwise manage the waste or 111.21 discharged oil or hazardous substance, reimburse any government 111.22 agency that has disposed of the waste or discharged oil or 111.23 hazardous substance and contaminated debris for the reasonable 111.24 costs of disposal, or correct any storage tank violations. 111.25 (c) Until June 1, 2004, citations for violation of sections 111.26 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 111.27 and 7151, may be issued only after the owners and operators have 111.28 had a 90-day period to correct violations stated in writing by 111.29 pollution control agency staff, unless there is a discharge 111.30 associated with the violation or the violation is of Minnesota 111.31 Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 111.32 Sec. 134. Minnesota Statutes 2002, section 116.073, 111.33 subdivision 2, is amended to read: 111.34 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 111.35 following penalty amounts: 111.36 (1) $100 per major appliance, as defined in section 112.1 115A.03, subdivision 17a, up to a maximum of $2,000; 112.2 (2) $25 per waste tire, as defined in section 115A.90, 112.3 subdivision 11, up to a maximum of $2,000; 112.4 (3) $25 per lead acid battery governed by section 115A.915, 112.5 up to a maximum of $2,000; 112.6 (4) $1 per pound of other solid waste or $20 per cubic foot 112.7 up to a maximum of $2,000; 112.8 (5) up to $200 for any amount of waste that escapes from a 112.9 vehicle used for the transportation of solid waste if, after 112.10 receiving actual notice that waste has escaped the vehicle, the 112.11 person or company transporting the waste fails to immediately 112.12 collect the waste; 112.13 (6) $50 per violation of rules adopted under section 112.14 116.49, relating to underground storage tank system design, 112.15 construction, installation, and notification requirements, up to 112.16 a maximum of $2,000; 112.17 (7) $250 per violation of rules adopted under section 112.18 116.49, relating to upgrading of existing underground storage 112.19 tank systems, up to a maximum of $2,000; 112.20 (8) $100 per violation of rules adopted under section 112.21 116.49, relating to underground storage tank system general 112.22 operating requirements, up to a maximum of $2,000; 112.23 (9) $250 per violation of rules adopted under section 112.24 116.49, relating to underground storage tank system release 112.25 detection requirements, up to a maximum of $2,000; 112.26 (10) $50 per violation of rules adopted under section 112.27 116.49, relating to out-of-service underground storage tank 112.28 systems and closure, up to a maximum of $2,000; 112.29 (11) $50 per violation of sections 116.48 to 116.491 112.30 relating to underground storage tank system notification, 112.31 monitoring, environmental protection, and tank installers 112.32 training and certification requirements, up to a maximum of 112.33 $2,000; 112.34 (12) $25 per gallon of oil or hazardous substance 112.35 discharged which is not reported or recovered under section 112.36 115.061, up to a maximum of $2,000; 113.1 (13) $1 per gallon of oil or hazardous substance being 113.2 stored, transported, or otherwise handled without the prevention 113.3 or preparedness measures required under chapter 115E, up to a 113.4 maximum of $2,000;and113.5 (14) $250 per violation of Minnesota Rules, parts 7001.4200 113.6 to 7001.4300 or chapter 7151, related to aboveground storage 113.7 tank systems, up to a maximum of $2,000; and 113.8 (15) $250 per delivery made in violation of section 116.49, 113.9 subdivision 3 or 4, levied against: 113.10 (i) the retail location if vapor recovery equipment is not 113.11 installed or maintained properly; 113.12 (ii) the carrier if the transport delivery vehicle is not 113.13 equipped with vapor recovery equipment; or 113.14 (iii) the driver for failure to use supplied vapor recovery 113.15 equipment. 113.16 Sec. 135. Minnesota Statutes 2002, section 116.46, is 113.17 amended by adding a subdivision to read: 113.18 Subd. 7a. [RETAIL LOCATION.] "Retail location" means a 113.19 facility located in the metropolitan area as defined in section 113.20 473.121, subdivision 2, where gasoline is offered for sale to 113.21 the general public for use in automobiles and trucks. 113.22 Sec. 136. Minnesota Statutes 2002, section 116.46, is 113.23 amended by adding a subdivision to read: 113.24 Subd. 7b. [TRANSPORT DELIVERY VEHICLE.] "Transport 113.25 delivery vehicle" means a liquid fuel cargo tank of 3,500 113.26 gallons or more used to deliver gasoline into underground 113.27 storage tanks. 113.28 Sec. 137. Minnesota Statutes 2002, section 116.46, is 113.29 amended by adding a subdivision to read: 113.30 Subd. 9. [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 113.31 means a system which transfers vapors from underground storage 113.32 tanks during the filling operation to the storage compartment of 113.33 the transport vehicle delivering gasoline. 113.34 Sec. 138. Minnesota Statutes 2002, section 116.49, is 113.35 amended by adding a subdivision to read: 113.36 Subd. 3. [VAPOR RECOVERY SYSTEM.] Every underground 114.1 gasoline storage tank at a retail location must be fitted with 114.2 vapor recovery equipment by January 1, 2006. The equipment must 114.3 be certified by the manufacturer as capable of collecting 95 114.4 percent of hydrocarbons emitted during gasoline transfers from a 114.5 transport delivery vehicle to an underground storage tank. 114.6 Product delivery and vapor recovery access points must be on the 114.7 same side of the transport vehicle when the transport vehicle is 114.8 positioned for delivery into the underground tank. After 114.9 January 1, 2006, no gasoline may be delivered to a retail 114.10 location that is not equipped with a vapor recovery system. 114.11 Sec. 139. Minnesota Statutes 2002, section 116.49, is 114.12 amended by adding a subdivision to read: 114.13 Subd. 4. [VAPOR RECOVERY ON TRANSPORTS.] All transport 114.14 delivery vehicles that deliver gasoline into underground storage 114.15 tanks in the metropolitan area as defined in section 473.121, 114.16 subdivision 2, must be fitted with vapor recovery equipment. 114.17 The equipment must recover and manage 95 percent of hydrocarbons 114.18 emitted during the transfer of gasoline from the underground 114.19 storage tank and the transport delivery vehicle by January 1, 114.20 2006. After January 1, 2006, no gasoline may be delivered to a 114.21 retail location by a transport vehicle that is not fitted with 114.22 vapor recovery equipment. 114.23 Sec. 140. Minnesota Statutes 2002, section 116.50, is 114.24 amended to read: 114.25 116.50 [PREEMPTION.] 114.26 Sections 116.46 to 116.49 preempt conflicting local and 114.27 municipal rules or ordinances requiring notification or 114.28 establishing environmental protection requirements for 114.29 underground storage tanks. A state agency or local unit of 114.30 government may not adopt rules or ordinances establishing or 114.31 requiring vapor recovery for underground storage tanks. 114.32 Sec. 141. Minnesota Statutes 2002, section 116P.02, 114.33 subdivision 1, is amended to read: 114.34 Subdivision 1. [APPLICABILITY.] The definitions in this 114.35 section apply tosections 116P.01 to 116P.13this chapter. 114.36 Sec. 142. Minnesota Statutes 2002, section 116P.05, 115.1 subdivision 2, is amended to read: 115.2 Subd. 2. [DUTIES.] (a) The commission shall recommend a 115.3 budget plan for expenditures from the environment and natural 115.4 resources trust fund and shall adopt a strategic plan as 115.5 provided in section 116P.08. 115.6 (b) The commission shall recommend expenditures to the 115.7 legislature from theMinnesota future resources fund under115.8section 116P.13state land and water conservation account in the 115.9 natural resources fund. 115.10 (c) It is a condition of acceptance of the appropriations 115.11 made from theMinnesota future resources fund,Minnesota 115.12 environment and natural resources trust fund, and oil overcharge 115.13 money under section 4.071, subdivision 2, that the agency or 115.14 entity receiving the appropriation must submit a work program 115.15 and semiannual progress reports in the form determined by the 115.16 legislative commission on Minnesota resources. None of the 115.17 money provided may be spent unless the commission has approved 115.18 the pertinent work program. 115.19 (d) The peer review panel created under section 116P.08 115.20 must also review, comment, and report to the commission on 115.21 research proposals applying for an appropriation from the 115.22Minnesota resources fund and fromoil overcharge money under 115.23 section 4.071, subdivision 2. 115.24 (e) The commission may adopt operating procedures to 115.25 fulfill its duties undersections 116P.01 to 116P.13chapter 115.26 116P. 115.27 Sec. 143. Minnesota Statutes 2002, section 116P.09, 115.28 subdivision 4, is amended to read: 115.29 Subd. 4. [PERSONNEL.] Persons who are employed by a state 115.30 agency to work on a project and are paid by an appropriation 115.31 from the trust fundor Minnesota future resources fundare in 115.32 the unclassified civil service, and their continued employment 115.33 is contingent upon the availability of money from the 115.34 appropriation. When the appropriation has been spent, their 115.35 positions must be canceled and the approved complement of the 115.36 agency reduced accordingly. Part-time employment of persons for 116.1 a project is authorized. The use of classified employees is 116.2 authorized when approved as part of the work program required by 116.3 section 116P.05, subdivision 2, paragraph (c). 116.4 Sec. 144. Minnesota Statutes 2002, section 116P.09, 116.5 subdivision 5, is amended to read: 116.6 Subd. 5. [ADMINISTRATIVE EXPENSE.] Theadministrative116.7expenses of the commission shall be paid from the various funds116.8administered by the commission as follows:116.9(1) Through June 30, 1993, the administrative expenses of116.10the commission and the advisory committee shall be paid from the116.11Minnesota future resources fund. After that time, the prorated116.12expenses related to administration of the trust fund shall be116.13paid from the earnings of the trust fund.116.14(2) After June 30, 1993, theprorated expenses related to 116.15 commission administration of the trust fund may not exceed an 116.16 amount equal to four percent of theprojected earningsamount 116.17 available for appropriation of the trust fund for the biennium. 116.18 Sec. 145. Minnesota Statutes 2002, section 116P.09, 116.19 subdivision 7, is amended to read: 116.20 Subd. 7. [REPORT REQUIRED.] The commission shall, by 116.21 January 15 of each odd-numbered year, submit a report to the 116.22 governor, the chairs of the house appropriations and senate 116.23 finance committees, and the chairs of the house and senate 116.24 committees on environment and natural resources. Copies of the 116.25 report must be available to the public. The report must include: 116.26 (1) a copy of the current strategic plan; 116.27 (2) a description of each project receiving money from the 116.28 trust fundand Minnesota future resources fundduring the 116.29 preceding biennium; 116.30 (3) a summary of any research project completed in the 116.31 preceding biennium; 116.32 (4) recommendations to implement successful projects and 116.33 programs into a state agency's standard operations; 116.34 (5) to the extent known by the commission, descriptions of 116.35 the projects anticipated to be supported by the trust fundand116.36Minnesota future resources accountduring the next biennium; 117.1 (6) the source and amount of all revenues collected and 117.2 distributed by the commission, including all administrative and 117.3 other expenses; 117.4 (7) a description of the assets and liabilities of the 117.5 trust fundand the Minnesota future resources fund; 117.6 (8) any findings or recommendations that are deemed proper 117.7 to assist the legislature in formulating legislation; 117.8 (9) a list of all gifts and donations with a value over 117.9 $1,000; 117.10 (10) a comparison of the amounts spent by the state for 117.11 environment and natural resources activities through the most 117.12 recent fiscal year; and 117.13 (11) a copy of the most recent compliance audit. 117.14 Sec. 146. Minnesota Statutes 2002, section 116P.10, is 117.15 amended to read: 117.16 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 117.17 This section applies to projects supported by the trust 117.18 fund, the Minnesota future resources fund,and the oil 117.19 overcharge money referred to in section 4.071, subdivision 2, 117.20 each of which is referred to in this section as a "fund." The 117.21 fund owns and shall take title to the percentage of a royalty, 117.22 copyright, or patent resulting from a project supported by the 117.23 fund equal to the percentage of the project's total funding 117.24 provided by the fund. Cash receipts resulting from a royalty, 117.25 copyright, or patent, or the sale of the fund's rights to a 117.26 royalty, copyright, or patent, must be credited immediately to 117.27 the principal of the fund. Receipts from Minnesota future 117.28 resources fund projects must be credited to the trust fund. 117.29 Before a project is included in the budget plan, the commission 117.30 may vote to relinquish the ownership or rights to a royalty, 117.31 copyright, or patent resulting from a project supported by the 117.32 fund to the project's proposer when the amount of the original 117.33 grant or loan, plus interest, has been repaid to the fund. 117.34 Sec. 147. Minnesota Statutes 2002, section 116P.14, 117.35 subdivision 1, is amended to read: 117.36 Subdivision 1. [DESIGNATED AGENCY.] The department of 118.1 natural resources is designated as the state agency to apply 118.2 for, accept, receive, and disburse federal reimbursement funds 118.3 and private funds, which are granted to the state of Minnesota 118.4 from section 6 of the federal Land and Water Conservation Fund 118.5 Act. 118.6 Sec. 148. Minnesota Statutes 2002, section 116P.14, 118.7 subdivision 2, is amended to read: 118.8 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 118.9 CREATION.] A state land and water conservation account is 118.10 created in theMinnesota futurenatural resources fund. All of 118.11 the money made available to the state from funds granted under 118.12 subdivision 1 shall be deposited in the state land and water 118.13 conservation account. 118.14 Sec. 149. Minnesota Statutes 2002, section 297A.94, is 118.15 amended to read: 118.16 297A.94 [DEPOSIT OF REVENUES.] 118.17 (a) Except as provided in this section, the commissioner 118.18 shall deposit the revenues, including interest and penalties, 118.19 derived from the taxes imposed by this chapter in the state 118.20 treasury and credit them to the general fund. 118.21 (b) The commissioner shall deposit taxes in the Minnesota 118.22 agricultural and economic account in the special revenue fund if: 118.23 (1) the taxes are derived from sales and use of property 118.24 and services purchased for the construction and operation of an 118.25 agricultural resource project; and 118.26 (2) the purchase was made on or after the date on which a 118.27 conditional commitment was made for a loan guaranty for the 118.28 project under section 41A.04, subdivision 3. 118.29 The commissioner of finance shall certify to the commissioner 118.30 the date on which the project received the conditional 118.31 commitment. The amount deposited in the loan guaranty account 118.32 must be reduced by any refunds and by the costs incurred by the 118.33 department of revenue to administer and enforce the assessment 118.34 and collection of the taxes. 118.35 (c) The commissioner shall deposit the revenues, including 118.36 interest and penalties, derived from the taxes imposed on sales 119.1 and purchases included in section 297A.61, subdivision 3, 119.2 paragraph (g), clauses (1) and (4), in the state treasury, and 119.3 credit them as follows: 119.4 (1) first to the general obligation special tax bond debt 119.5 service account in each fiscal year the amount required by 119.6 section 16A.661, subdivision 3, paragraph (b); and 119.7 (2) after the requirements of clause (1) have been met, the 119.8 balance to the general fund. 119.9 (d) The commissioner shall deposit the revenues, including 119.10 interest and penalties, collected under section 297A.64, 119.11 subdivision 5, in the state treasury and credit them to the 119.12 general fund. By July 15 of each year the commissioner shall 119.13 transfer to the highway user tax distribution fund an amount 119.14 equal to the excess fees collected under section 297A.64, 119.15 subdivision 5, for the previous calendar year. 119.16 (e) For fiscal year 2001, 97 percent; for fiscal years 2002 119.17 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 119.1887.172.43 percent of the revenues, including interest and 119.19 penalties, transmitted to the commissioner under section 119.20 297A.65, must be deposited by the commissioner in the state 119.21 treasury as follows: 119.22 (1) 50 percent of the receipts must be deposited in the 119.23 heritage enhancement account in the game and fish fund, and may 119.24 be spent only on activities that improve, enhance, or protect 119.25 fish and wildlife resources, including conservation, 119.26 restoration, and enhancement of land, water, and other natural 119.27 resources of the state; 119.28 (2) 22.5 percent of the receipts must be deposited in the 119.29 natural resources fund, and may be spent only for state parks 119.30 and trails; 119.31 (3) 22.5 percent of the receipts must be deposited in the 119.32 natural resources fund, and may be spent only on metropolitan 119.33 park and trail grants; 119.34 (4) three percent of the receipts must be deposited in the 119.35 natural resources fund, and may be spent only on local trail 119.36 grants; and 120.1 (5) two percent of the receipts must be deposited in the 120.2 natural resources fund, and may be spent only for the Minnesota 120.3 zoological garden, the Como park zoo and conservatory, and the 120.4 Duluth zoo. 120.5 (f) The revenue dedicated under paragraph (e) may not be 120.6 used as a substitute for traditional sources of funding for the 120.7 purposes specified, but the dedicated revenue shall supplement 120.8 traditional sources of funding for those purposes. Land 120.9 acquired with money deposited in the game and fish fund under 120.10 paragraph (e) must be open to public hunting and fishing during 120.11 the open season, except that in aquatic management areas or on 120.12 lands where angling easements have been acquired, fishing may be 120.13 prohibited during certain times of the year and hunting may be 120.14 prohibited. At least 87 percent of the money deposited in the 120.15 game and fish fund for improvement, enhancement, or protection 120.16 of fish and wildlife resources under paragraph (e) must be 120.17 allocated for field operations. 120.18 Sec. 150. Minnesota Statutes 2002, section 297F.10, 120.19 subdivision 1, is amended to read: 120.20 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue 120.21 received from cigarette taxes, as well as related penalties, 120.22 interest, license fees, and miscellaneous sources of revenue 120.23 shall be deposited by the commissioner in the state treasury and 120.24 credited as follows: 120.25 (a) first to the general obligation special tax bond debt 120.26 service account in each fiscal year the amount required to 120.27 increase the balance on hand in the account on each December 1 120.28 to an amount equal to the full amount of principal and interest 120.29 to come due on all outstanding bonds whose debt service is 120.30 payable primarily from the proceeds of the tax to and including 120.31 the second following July 1; and 120.32 (b) after the requirements of paragraph (a) have been met:, 120.33(1) the revenue produced by one mill of the tax on120.34cigarettes weighing not more than three pounds a thousand and120.35two mills of the tax on cigarettes weighing more than three120.36pounds a thousand must be credited to the Minnesota future121.1resources fund; and121.2(2)the balance of the revenues derived from taxes, 121.3 penalties, and interest (under this chapter) and from license 121.4 fees and miscellaneous sources of revenue shall be credited to 121.5 the general fund. 121.6 Sec. 151. [MODIFICATIONS TO STORM WATER PERMIT FEES.] 121.7 (a) The pollution control agency shall collect water 121.8 quality permit applications and annual fees as provided in the 121.9 rules of the agency and in Laws 2002, chapter 220, article 8, 121.10 section 15, with the following modifications: 121.11 (1) the application fee for general industrial storm water 121.12 permits is reduced to zero, and the annual fee is increased to 121.13 $400; 121.14 (2) the application fee for general construction storm 121.15 water permits is increased to $400; and 121.16 (3) application and annual fees for other general permits 121.17 do not apply to general municipal separate storm sewer system 121.18 permits. 121.19 (b) Nothing in this section limits the authority of a 121.20 county, city, town, watershed district, or other special purpose 121.21 district or political subdivision, to impose fees or to levy 121.22 taxes or assessments to pay the cost of regulating or 121.23 controlling storm water discharges to waters of the state. 121.24 (c) The permit fee modifications provided in this section 121.25 are effective July 1, 2003. The pollution control agency shall 121.26 adopt amended water quality permit fee rules under Minnesota 121.27 Statutes, section 14.389, that incorporate the fee modifications 121.28 provided in this section. The agency shall begin collecting 121.29 fees in accordance with the modifications in this section on 121.30 July 1, 2003, regardless of the status of those rules. 121.31 Notwithstanding Minnesota Statutes, section 14.18, subdivision 121.32 2, the permit fee modifications in this section and the rule 121.33 amendments incorporating them do not require further legislative 121.34 approval. 121.35 [EFFECTIVE DATE.] This section is effective the day 121.36 following final enactment. 122.1 Sec. 152. [UTILITY LICENSES.] 122.2 Notwithstanding the repealers in this article, all licenses 122.3 issued under Minnesota Statutes, section 84.415, and Minnesota 122.4 Rules, chapter 6135, remain in effect for their existing terms, 122.5 unless modified pursuant to Minnesota Statutes, section 84.415, 122.6 subdivision 6. 122.7 Sec. 153. [CONSERVATION CORPS; TRANSFER OF ASSETS.] 122.8 The state's ownership interest in all tools, computers, and 122.9 other supplies and equipment acquired by the commissioner of 122.10 natural resources for the purpose of the conservation corps 122.11 created under Minnesota Statutes, section 84.98, is transferred 122.12 to the Minnesota conservation corps created in Minnesota 122.13 Statutes, section 84.991. 122.14 Sec. 154. [CONSERVATION CORPS; TRANSFER OF FUNDS.] 122.15 The remaining balances in the Minnesota conservation corps 122.16 cooperative agreement, youthworks, Americorps administration, 122.17 education vouchers, and gift accounts on June 30, 2003, are 122.18 canceled and reappropriated to the friends of the Minnesota 122.19 conservation corps created in Minnesota Statutes, section 84.991. 122.20 Sec. 155. [STATE FOREST MOTORIZED TRAIL SYSTEM PLANNING 122.21 PROCESS; IMPLEMENTATION.] 122.22 (a) By March 1, 2006, the commissioner of natural resources 122.23 shall complete implementation of the existing system planning 122.24 process for motorized trails in state forests. Notwithstanding 122.25 any law to the contrary, any trail or forest road in a state 122.26 forest for which motorized use was allowed from January 1, 2003, 122.27 to January 1, 2006, and not closed through implementation of the 122.28 system planning process is designated for motorized use on 122.29 January 1, 2006. Any mileage identified in the system planning 122.30 process for motorized trails that would be permanently closed as 122.31 a result of the system planning process must be replaced with an 122.32 equal amount of motorized mileage use. At least 50 percent of 122.33 the existing forest trails and at least 50 percent of the class 122.34 3, 4, 5, and 6 forest roads that are currently open to off-road 122.35 vehicle use must remain open to off-road vehicle use after the 122.36 system planning process has been completed. The commissioner 123.1 shall sign all trails and forest roads designated under this 123.2 section for motorized use in state forests. By January 1, 2006, 123.3 the environmental quality board shall adopt rules providing for 123.4 threshold levels for environmental review on recreational 123.5 trails. Until January 1, 2006, environmental review under 123.6 Minnesota Statutes, section 116D.04, and rules adopted by the 123.7 environmental quality board do not apply to the designation of: 123.8 (1) a motorized trail within the statutory boundaries of a 123.9 state forest that is lawfully used by motorized recreational 123.10 vehicles at the time of designation; 123.11 (2) any motorized trail segment within the statutory 123.12 boundaries of a state forest that is a rerouting of a motorized 123.13 trail when necessary for safety considerations or to avoid 123.14 sensitive areas; 123.15 (3) existing public or forest roads within the statutory 123.16 boundaries of a state forest for motorized recreational vehicle 123.17 use; or 123.18 (4) any new trail within the statutory boundaries of a 123.19 state forest designated by the commissioner. 123.20 (b) The commissioner shall complete the five-step public 123.21 review process as provided in the department of natural 123.22 resources publication titled: "Off-Highway Vehicle System 123.23 Planning, Project Implementation and Review: (Revised 123.24 01/07/03)" for designations under paragraph (a), except that the 123.25 commissioner shall conduct an alternative environmental review, 123.26 according to this paragraph, in lieu of the process described in 123.27 step 3, page 4, of the aforementioned publication. The 123.28 commissioner shall conduct an internal departmental 123.29 interdisciplinary environmental review. The commissioner may 123.30 make project modifications or provide for additional mitigation 123.31 as warranted by the internal departmental interdisciplinary 123.32 environmental review. 123.33 Sec. 156. [PHOSPHORUS STUDY.] 123.34 The commissioner of the pollution control agency must study 123.35 the concept of lowering phosphorus in the wastewater stream and 123.36 the effect on water quality and how to best assist local units 124.1 of government in removing phosphorus at public wastewater 124.2 treatment plants. The commissioner must review the rules on 124.3 nutrients in cleaning agents pursuant to Minnesota Statutes, 124.4 sections 116.23 and 116.24, and report the results of the study 124.5 and rule review to the house and senate environment and natural 124.6 resources policy and finance committees and commerce committees 124.7 by February 1, 2004. 124.8 Sec. 157. [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.] 124.9 The commissioner of the pollution control agency, with 124.10 input from stakeholders, must develop and report back to the 124.11 legislature by February 1, 2004, a five-year plan to work with 124.12 counties to: 124.13 (1) locate individual sewage systems that are imminent 124.14 threats to public health and safety, and those with less than 124.15 two feet of soil separation, within those counties with 124.16 watersheds impaired by fecal coliform; 124.17 (2) institute a system to oversee compliance with 124.18 individual sewage treatment maintenance requirements of 124.19 Minnesota Rules, part 7080.0175; and 124.20 (3) report the results of the study to the house and senate 124.21 environment and natural resources policy and finance committees. 124.22 Sec. 158. [COUNTY PROCESSING GRANT OBLIGATIONS.] 124.23 The outstanding obligations arising from the following 124.24 specified processing facility grants provided by the office of 124.25 environmental assistance to the listed counties are terminated, 124.26 notwithstanding the provisions of Minnesota Statutes, section 124.27 16A.695: 124.28 (1) Fillmore county, for demonstration program grants 124.29 awarded March 1987 and June 1991; 124.30 (2) St. Louis county, for a capital assistance program 124.31 grant awarded September 1989; 124.32 (3) Wright county, for a capital assistance program grant 124.33 awarded April 1990; 124.34 (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 124.35 counties, together as the east central solid waste commission, 124.36 for a capital assistance program grant awarded September 1990, 125.1 and a facility optimization grant awarded February 1994; and 125.2 (5) Pennington county, for a capital assistance program 125.3 grant awarded in February 1992. 125.4 [EFFECTIVE DATE.] This section is effective the day 125.5 following final enactment. 125.6 Sec. 159. [REPORT.] 125.7 The commissioner shall report to the legislature by August 125.8 1, 2004, on the results of the mourning dove season authorized 125.9 by Minnesota Statutes, section 97B.717. The report must include 125.10 a description of the impact of the season on the mourning dove 125.11 population in the state. 125.12 Sec. 160. [REVISOR'S INSTRUCTION.] 125.13 The revisor of statutes shall change the reference in 125.14 Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3), 125.15 from "8420.0720, subpart 8a" to "8420.0720, subpart 8." 125.16 Sec. 161. [REPEALER.] 125.17 (a) Minnesota Statutes 2002, section 97B.731, subdivision 125.18 2, is repealed effective the day following final enactment. 125.19 (b) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887; 125.20 84.415, subdivisions 1 and 3; 84.98; 84.99; 93.2235; 97A.485, 125.21 subdivision 12; 103B.311, subdivisions 5, 6, and 7; 103B.315, 125.22 subdivisions 1, 2, 3, and 7; 103B.321, subdivision 3; and 125.23 103B.3369, subdivision 3; Minnesota Rules, parts 6135.0100; 125.24 6135.0200; 6135.0300; 6135.0400; 6135.0510; 6135.0610; 125.25 6135.0710; 6135.0810; 6135.1000; 6135.1100; 6135.1200; 125.26 6135.1300; 6135.1400; 6135.1500; 6135.1600; 6135.1700; 125.27 6135.1800; 9300.0010; 9300.0020; 9300.0030; 9300.0040; 125.28 9300.0050; 9300.0060; 9300.0070; 9300.0080; 9300.0090; 125.29 9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 125.30 9300.0150; 9300.0160; 9300.0170; 9300.0180; 9300.0190; 125.31 9300.0200; and 9300.0210, are repealed. 125.32 (c) Minnesota Statutes 2002, section 97A.105, subdivisions 125.33 3a and 3b, are repealed effective January 1, 2004. 125.34 Sec. 162. [EFFECTIVE DATE.] 125.35 Except as otherwise provided, this article is effective 125.36 July 1, 2003. 126.1 ARTICLE 2 126.2 ENVIRONMENTAL FUND CHANGES 126.3 Section 1. Minnesota Statutes 2002, section 16A.531, 126.4 subdivision 1, is amended to read: 126.5 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in 126.6 the state treasury an environmental fund as a special revenue 126.7 fund for deposit of receipts from environmentally related taxes, 126.8 fees, andactivities conducted by the stateother sources as 126.9 provided in subdivision 1a. 126.10 Sec. 2. Minnesota Statutes 2002, section 16A.531, is 126.11 amended by adding a subdivision to read: 126.12 Subd. 1a. [REVENUES.] The following revenues must be 126.13 deposited in the environmental fund: 126.14 (1) all revenue from the motor vehicle transfer fee imposed 126.15 under section 115A.908; 126.16 (2) all fees collected under section 116.07, subdivision 126.17 4d; 126.18 (3) all money collected by the pollution control agency in 126.19 enforcement matters as provided in section 115.073; 126.20 (4) all revenues from license fees for individual sewage 126.21 treatment systems under section 115.56; 126.22 (5) all loan repayments deposited under section 115A.0716; 126.23 (6) all revenue from pollution prevention fees imposed 126.24 under section 115D.12; 126.25 (7) all loan repayments deposited under section 116.994; 126.26 (8) all fees collected under section 116C.834; 126.27 (9) revenue collected from the solid waste management tax 126.28 pursuant to chapter 297H; 126.29 (10) fees collected under section 473.844; and 126.30 (11) interest accrued on the fund. 126.31 Sec. 3. Minnesota Statutes 2002, section 115.073, is 126.32 amended to read: 126.33 115.073 [ENFORCEMENT FUNDING.] 126.34 Except as provided insections 115B.20, subdivision 4,126.35clause (2);section 115C.05; and 473.845, subdivision 8, all 126.36 money recovered by the state under this chapter and chapters 127.1 115A and 116, including civil penalties and money paid under an 127.2 agreement, stipulation, or settlement, excluding money paid for 127.3 past due fees or taxes, up to the amount appropriated for 127.4 implementation of Laws 1991, chapter 347, must be deposited in 127.5 the state treasury and credited to the environmental fund. 127.6 Sec. 4. Minnesota Statutes 2002, section 115.56, 127.7 subdivision 4, is amended to read: 127.8 Subd. 4. [LICENSE FEE.] The fee for a license required 127.9 under subdivision 2 is $100 per year. Revenue from the fees 127.10 must be credited to the environmental fund and is exempt from 127.11 section 16A.1285. 127.12 Sec. 5. Minnesota Statutes 2002, section 115A.0716, 127.13 subdivision 3, is amended to read: 127.14 Subd. 3. [REVOLVING ACCOUNT.]An environmental assistance127.15revolving account is established in the environmental fund.All 127.16 repayments of loans awarded under this subdivision, including 127.17 principal and interest, must bedeposited intocredited to the 127.18accountenvironmental fund. Money deposited in theaccount127.19 fund under this section is annually appropriated to the director 127.20 for loans for purposes identified in subdivisions 1 and 2. 127.21 Sec. 6. Minnesota Statutes 2002, section 115A.9651, 127.22 subdivision 6, is amended to read: 127.23 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 127.24 under subdivision 7, the manufacturer, or an association of 127.25 manufacturers, of any specified product distributed for sale or 127.26 use in this state that is not listed pursuant to subdivision 4 127.27 shall submit a product review report and fee as provided in 127.28 paragraph (c) to the commissioner for each product by July 1, 127.29 1998. Each product review report shall contain at least the 127.30 following: 127.31 (1) a policy statement articulating upper management 127.32 support for eliminating or reducing intentional introduction of 127.33 listed metals into its products; 127.34 (2) a description of the product and the amount of each 127.35 listed metal distributed for use in this state; 127.36 (3) a description of past and ongoing efforts to eliminate 128.1 or reduce the listed metal in the product; 128.2 (4) an assessment of options available to reduce or 128.3 eliminate the intentional introduction of the listed metal 128.4 including any alternatives to the specified product that do not 128.5 contain the listed metal, perform the same technical function, 128.6 are commercially available, and are economically practicable; 128.7 (5) a statement of objectives in numerical terms and a 128.8 schedule for achieving the elimination of the listed metals and 128.9 an environmental assessment of alternative products; 128.10 (6) a listing of options considered not to be technically 128.11 or economically practicable; and 128.12 (7) certification attesting to the accuracy of the 128.13 information in the report signed and dated by an official of the 128.14 manufacturer or user. 128.15 If the manufacturer fails to submit a product review report, a 128.16 user of a specified product may submit a report and fee which 128.17 comply with this subdivision by August 15, 1998. 128.18 (b) By July 1, 1999, and annually thereafter until the 128.19 commissioner takes action under subdivision 9, the manufacturer 128.20 or user must submit a progress report and fee as provided in 128.21 paragraph (c) updating the information presented under paragraph 128.22 (a). 128.23 (c) The fee shall be $295 for each report. The fee shall 128.24 be deposited in the state treasury and credited to the 128.25 environmental fund. The fee is exempt from section 16A.1285. 128.26 (d) Where it cannot be determined from a progress report 128.27 submitted by a person pursuant to Laws 1994, chapter 585, 128.28 section 30, subdivision 2, paragraph (e), the number of products 128.29 for which product review reports are due under this subdivision, 128.30 the commissioner shall have the authority to determine, after 128.31 consultation with that person, the number of products for which 128.32 product review reports are required. 128.33 (e) The commissioner shall summarize, aggregate, and 128.34 publish data reported under paragraphs (a) and (b) annually. 128.35 (f) A product that is the subject of a recommendation by 128.36 the Toxics in Packaging Clearinghouse, as administered by the 129.1 Council of State Governments, is exempt from this section. 129.2 Sec. 7. Minnesota Statutes 2002, section 115B.17, 129.3 subdivision 6, is amended to read: 129.4 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 129.5 necessary expenses incurred by the agency or commissioner 129.6 pursuant to this section, including all response costs, and 129.7 administrative and legal expenses, may be recovered in a civil 129.8 action brought by the attorney general against any person who 129.9 may be liable under section 115B.04 or any other law. The 129.10 agency's certification of expenses shall be prima facie evidence 129.11 that the expenses are reasonable and necessary. Any expenses 129.12 incurred pursuant to this section which are recovered by the 129.13 attorney general pursuant to section 115B.04 or any other law, 129.14 including any award of attorneys fees, shall be deposited in the 129.15 remediation fundand credited to a special account for129.16additional response actions as provided in section 115B.20,129.17subdivision 2, clause (2) or (4). 129.18 Sec. 8. Minnesota Statutes 2002, section 115B.17, 129.19 subdivision 7, is amended to read: 129.20 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the 129.21 purpose of this subdivision, the state is the trustee of the 129.22 air, water and wildlife of the state. An action pursuant to 129.23 section 115B.04 for damages with respect to air, water or 129.24 wildlife may be brought by the attorney general in the name of 129.25 the state as trustee for those natural resources. Any damages 129.26 recovered by the attorney general pursuant to section 115B.04 or 129.27 any other law for injury to, destruction of, or loss of natural 129.28 resources resulting from the release of a hazardous substance, 129.29 or a pollutant or contaminant, shall be deposited in theaccount129.30 remediation fund. 129.31 Sec. 9. Minnesota Statutes 2002, section 115B.17, 129.32 subdivision 14, is amended to read: 129.33 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 129.34 OVERSIGHT.] (a) The commissioner may, upon request, assist a 129.35 person in determining whether real property has been the site of 129.36 a release or threatened release of a hazardous substance, 130.1 pollutant, or contaminant. The commissioner may also assist in, 130.2 or supervise, the development and implementation of reasonable 130.3 and necessary response actions. Assistance may include review 130.4 of agency records and files, and review and approval of a 130.5 requester's investigation plans and reports and response action 130.6 plans and implementation. 130.7 (b) Except as otherwise provided in this paragraph, the 130.8 person requesting assistance under this subdivision shall pay 130.9 the agency for the agency's cost, as determined by the 130.10 commissioner, of providing assistance. A state agency, 130.11 political subdivision, or other public entity is not required to 130.12 pay for the agency's cost to review agency records and files. 130.13 Money received by the agency for assistance under this section 130.14 must be deposited in theenvironmental response, compensation,130.15and complianceremediation fund and is exempt from section 130.16 16A.1285. 130.17 (c) When a person investigates a release or threatened 130.18 release in accordance with an investigation plan approved by the 130.19 commissioner under this subdivision, the investigation does not 130.20 associate that person with the release or threatened release for 130.21 the purpose of section 115B.03, subdivision 3, clause (4). 130.22 Sec. 10. Minnesota Statutes 2002, section 115B.17, 130.23 subdivision 16, is amended to read: 130.24 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 130.25 ACTION.] (a) If the commissioner determines that real or 130.26 personal property acquired by the agency for response action is 130.27 no longer needed for response action purposes, the commissioner 130.28 may: 130.29 (1) transfer the property to the commissioner of 130.30 administration to be disposed of in the manner required for 130.31 other surplus property subject to conditions the commissioner 130.32 determines necessary to protect the public health and welfare or 130.33 the environment, or to comply with federal law; 130.34 (2) transfer the property to another state agency, a 130.35 political subdivision, or special purpose district as provided 130.36 in paragraph (b); or 131.1 (3) if required by federal law, take actions and dispose of 131.2 the property as required by federal law. 131.3 (b) If the commissioner determines that real or personal 131.4 property acquired by the agency for response action must be 131.5 operated, maintained, or monitored after completion of other 131.6 phases of the response action, the commissioner may transfer 131.7 ownership of the property to another state agency, a political 131.8 subdivision, or special purpose district that agrees to accept 131.9 the property. A state agency, political subdivision, or special 131.10 purpose district is authorized to accept and implement the terms 131.11 and conditions of a transfer under this paragraph. The 131.12 commissioner may set terms and conditions for the transfer that 131.13 the commissioner considers reasonable and necessary to ensure 131.14 proper operation, maintenance, and monitoring of response 131.15 actions, protect the public health and welfare and the 131.16 environment, and comply with applicable federal and state laws 131.17 and regulations. The state agency, political subdivision, or 131.18 special purpose district to which the property is transferred is 131.19 not liable under this chapter solely as a result of acquiring 131.20 the property or acting in accordance with the terms and 131.21 conditions of the transfer. 131.22 (c) If the agency acquires property under subdivision 15, 131.23 the commissioner may lease or grant an easement in the property 131.24 to a person during the implementation of response actions if the 131.25 lease or easement is compatible with or necessary for response 131.26 action implementation. 131.27 (d) The proceeds of a sale, lease, or other transfer of 131.28 property under this subdivision by the commissioner or by the 131.29 commissioner of administration shall be deposited in the 131.30environmental response, compensation, and compliance account131.31 remediation fund. Any share of the proceeds that the agency is 131.32 required by federal law or regulation to reimburse to the 131.33 federal government is appropriated from the account to the 131.34 agency for that purpose. Except for section 94.16, subdivision 131.35 2, the provisions of section 94.16 do not apply to real property 131.36 sold by the commissioner of administration which was acquired 132.1 under subdivision 15. 132.2 Sec. 11. Minnesota Statutes 2002, section 115B.19, is 132.3 amended to read: 132.4 115B.19 [PURPOSES OF ACCOUNT AND TAXESPURPOSE OF FUND.] 132.5 In establishing theenvironmental response, compensation132.6and compliance accountremediation fund in section115B.20 and132.7imposing taxes in section 115B.22116.155 it is the purpose of 132.8 the legislature to: 132.9 (1) encourage treatment and disposal of hazardous waste in 132.10 a manner that adequately protects the public health or welfare 132.11 or the environment; 132.12 (2) encourage responsible parties to provide the response 132.13 actions necessary to protect the public and the environment from 132.14 the effects of the release of hazardous substances; 132.15 (3) encourage the use of alternatives to land disposal of 132.16 hazardous waste including resource recovery, recycling, 132.17 neutralization, and reduction; 132.18 (4) provide state agencies with the financial resources 132.19 needed to prepare and implement an effective and timely state 132.20 response to the release of hazardous substances, including 132.21 investigation, planning, removal and remedial action; 132.22 (5) compensate for increased governmental expenses and loss 132.23 of revenue and to provide other appropriate assistance to 132.24 mitigate any adverse impact on communities in which commercial 132.25 hazardous waste processing or disposal facilities are located 132.26 under the siting process provided in chapter 115A; 132.27 (6) recognize the environmental and public health costs of 132.28 land disposal of solid waste and of the use and disposal of 132.29 hazardous substances and to place the burden of financing state 132.30 hazardous waste management activities on those whose products 132.31 and services contribute to hazardous waste management problems 132.32 and increase the risks of harm to the public and the environment. 132.33 Sec. 12. Minnesota Statutes 2002, section 115B.20, is 132.34 amended to read: 132.35 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND132.36COMPLIANCE ACCOUNTACTIONS USING MONEY FROM REMEDIATION FUND.] 133.1Subdivision 1. [ESTABLISHMENT.] (a) The environmental133.2response, compensation, and compliance account is in the133.3environmental fund in the state treasury and may be spent only133.4for the purposes provided in subdivision 2.133.5(b) The commissioner of finance shall administer a response133.6account for the agency and the commissioner of agriculture to133.7take removal, response, and other actions authorized under133.8subdivision 2, clauses (1) to (4) and (9) to (11). The133.9commissioner of finance shall transfer money from the response133.10account to the agency and the commissioner of agriculture to133.11take actions required under subdivision 2, clauses (1) to (4)133.12and (9) to (11).133.13(c) The commissioner of finance shall administer the133.14account in a manner that allows the commissioner of agriculture133.15and the agency to utilize the money in the account to implement133.16their removal and remedial action duties as effectively as133.17possible.133.18(d) Amounts appropriated to the commissioner of finance133.19under this subdivision shall not be included in the department133.20of finance budget but shall be included in the pollution control133.21agency and department of agriculture budgets.133.22(e) All money recovered by the state under section 115B.04133.23or any other law for injury to, destruction of, or loss of133.24natural resources resulting from the release of a hazardous133.25substance, or a pollutant or contaminant, must be credited to133.26the environmental response, compensation, and compliance account133.27in the environmental fund and is appropriated to the133.28commissioner of natural resources for purposes of subdivision 2,133.29clause (5), consistent with any applicable term of judgments,133.30consent decrees, consent orders, or other administrative actions133.31requiring payments to the state for such purposes. Before133.32making an expenditure of money appropriated under this133.33paragraph, the commissioner of natural resources shall provide133.34written notice of the proposed expenditure to the chairs of the133.35senate committee on finance, the house of representatives133.36committee on ways and means, the finance division of the senate134.1committee on environment and natural resources, and the house of134.2representatives committee on environment and natural resources134.3finance.134.4 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.]Subject134.5to appropriation by the legislature the money in the134.6accountMoney appropriated from the remediation fund under 134.7 section 116.155, subdivision 2, paragraph (a), clause (1), may 134.8 be spent only forany ofthe following purposes: 134.9 (1) preparation by the agency and the commissioner of 134.10 agriculture for taking removal or remedial action under section 134.11 115B.17, or under chapter 18D, including investigation, 134.12 monitoring and testing activities, enforcement and compliance 134.13 efforts relating to the release of hazardous substances, 134.14 pollutants or contaminants under section 115B.17 or 115B.18, or 134.15 chapter 18D; 134.16 (2) removal and remedial actions taken or authorized by the 134.17 agency or the commissioner of the pollution control agency under 134.18 section 115B.17, or taken or authorized by the commissioner of 134.19 agriculture under chapter 18D including related enforcement and 134.20 compliance efforts under section 115B.17 or 115B.18, or chapter 134.21 18D, and payment of the state share of the cost of remedial 134.22 action which may be carried out under a cooperative agreement 134.23 with the federal government pursuant to the federal Superfund 134.24 Act, under United States Code, title 42, section 9604(c)(3) for 134.25 actions related to facilities other than commercial hazardous 134.26 waste facilities located under the siting authority of chapter 134.27 115A; 134.28 (3) reimbursement to any private person for expenditures 134.29 made before July 1, 1983, to provide alternative water supplies 134.30 deemed necessary by the agency or the commissioner of 134.31 agriculture and the department of health to protect the public 134.32 health from contamination resulting from the release of a 134.33 hazardous substance; 134.34 (4)removal and remedial actions taken or authorized by the134.35agency or the commissioner of agriculture or the pollution134.36control agency under section 115B.17, or chapter 18D, including135.1related enforcement and compliance efforts under section 115B.17135.2or 115B.18, or chapter 18D, and payment of the state share of135.3the cost of remedial action which may be carried out under a135.4cooperative agreement with the federal government pursuant to135.5the federal Superfund Act, under United States Code, title 42,135.6section 9604(c)(3) for actions related to commercial hazardous135.7waste facilities located under the siting authority of chapter135.8115A;135.9(5)assessment and recovery of natural resource damages by 135.10 the agency and the commissioners of natural resources and 135.11 administration, and planning and implementation by the 135.12 commissioner of natural resources of the rehabilitation, 135.13 restoration, or acquisition of natural resources to remedy 135.14 injuries or losses to natural resources resulting from the 135.15 release of a hazardous substance; before implementing a project 135.16 to rehabilitate, restore, or acquire natural resources under 135.17 this clause, the commissioner of natural resources shall provide 135.18 written notice of the proposed project to the chairs of the 135.19 senate and house of representatives committees with jurisdiction 135.20 over environment and natural resources finance; 135.21(6) inspection, monitoring, and compliance efforts by the135.22agency, or by political subdivisions with agency approval, of135.23commercial hazardous waste facilities located under the siting135.24authority of chapter 115A;135.25(7) grants by the agency or the office of environmental135.26assistance to demonstrate alternatives to land disposal of135.27hazardous waste including reduction, separation, pretreatment,135.28processing and resource recovery, for education of persons135.29involved in regulating and handling hazardous waste;135.30(8) grants by the agency to study the extent of135.31contamination and feasibility of cleanup of hazardous substances135.32and pollutants or contaminants in major waterways of the state;135.33(9)(5) acquisition of a property interest under section 135.34 115B.17, subdivision 15; 135.35(10)(6) reimbursement, in an amount to be determined by 135.36 the agency in each case, to a political subdivision that is not 136.1 a responsible person under section 115B.03, for reasonable and 136.2 necessary expenditures resulting from an emergency caused by a 136.3 release or threatened release of a hazardous substance, 136.4 pollutant, or contaminant; and 136.5(11)(7) reimbursement to a political subdivision for 136.6 expenditures in excess of the liability limit under section 136.7 115B.04, subdivision 4. 136.8 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 136.9 of agriculture or the pollution control agency or the agency may 136.10 not spend any money under subdivision 2, clause (2)or (4), for 136.11 removal or remedial actions to the extent that the costs of 136.12 those actions may be compensated from any fund established under 136.13 the Federal Superfund Act, United States Code, title 42, section 136.14 9600 et seq. The commissioner of agriculture or the pollution 136.15 control agency or the agency shall determine the extent to which 136.16 any of the costs of those actions may be compensated under the 136.17 federal act based on the likelihood that the compensation will 136.18 be available in a timely fashion. In making this determination 136.19 the commissioner of agriculture or the pollution control agency 136.20 or the agency shall take into account: 136.21 (1) the urgency of the removal or remedial actions and the 136.22 priority assigned under the Federal Superfund Act to the release 136.23 which necessitates those actions; 136.24 (2) the availability of money in the funds established 136.25 under the Federal Superfund Act; and 136.26 (3) the consistency of any compensation for the cost of the 136.27 proposed actions under the Federal Superfund Act with the 136.28 national contingency plan, if such a plan has been adopted under 136.29 that act. 136.30Subd. 4. [REVENUE SOURCES.] Revenue from the following136.31sources shall be deposited in the account:136.32(1) the proceeds of the taxes imposed pursuant to section136.33115B.22, including interest and penalties;136.34(2) all money recovered by the state under sections 115B.01136.35to 115B.18 or under any other statute or rule related to the136.36regulation of hazardous waste or hazardous substances, including137.1civil penalties and money paid under any agreement, stipulation137.2or settlement but excluding fees imposed under section 116.12;137.3(3) all interest attributable to investment of money137.4deposited in the account; and137.5(4) all money received in the form of gifts, grants,137.6reimbursement or appropriation from any source for any of the137.7purposes provided in subdivision 2, except federal grants.137.8Subd. 5. [RECOMMENDATION.] The commissioner of agriculture137.9shall make recommendations to the standing legislative137.10committees on finance and appropriations regarding137.11appropriations from the account.137.12 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 137.13 commissioner of agriculture and the agency shall submit to the 137.14 senate finance committee, the house ways and means committee, 137.15 the environment and natural resources committees of the senate 137.16 and house of representatives, the finance division of the senate 137.17 committee on environment and natural resources, and the house of 137.18 representatives committee on environment and natural resources 137.19 finance, and the environmental quality board a report detailing 137.20 the activities for which moneyfrom the accounthas been spent 137.21 pursuant to this section during the previous fiscal year. 137.22 Sec. 13. Minnesota Statutes 2002, section 115B.22, 137.23 subdivision 7, is amended to read: 137.24 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to 137.25 the department of revenue for costs incurred in administering 137.26 sections 115B.22 and 115B.24, the proceeds of the taxes imposed 137.27 under this section including any interest and penalties shall be 137.28 deposited in the environmentalresponse, compensation, and137.29compliance accountfund. 137.30 Sec. 14. Minnesota Statutes 2002, section 115B.25, 137.31 subdivision 1a, is amended to read: 137.32 Subd. 1a. [ACCOUNTFUND.] Except when another fund or 137.33 account is specified, "accountfund" means theenvironmental137.34response, compensation, and compliance accountremediation fund 137.35 established in section115B.20116.155. 137.36 Sec. 15. Minnesota Statutes 2002, section 115B.25, 138.1 subdivision 4, is amended to read: 138.2 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a 138.3 person who is eligible to file a claim with theaccountfund 138.4 under section 115B.29. 138.5 Sec. 16. Minnesota Statutes 2002, section 115B.26, is 138.6 amended to read: 138.7 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND138.8COMPLIANCE ACCOUNTPAYMENT OF CLAIMS.] 138.9 Subd. 2. [APPROPRIATION.] The amount necessary to pay 138.10 claims of compensation granted by the agency under sections 138.11 115B.25 to 115B.37ismust be directly appropriated to the 138.12 agency from theaccountfund by the legislature. 138.13Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If138.14the amount of the claims granted exceeds the amount in the138.15account, the agency shall request a transfer from the general138.16contingent account to the environmental response, compensation,138.17and compliance account as provided in section 3.30. If no138.18transfer is approved, the agency shall pay the claims which have138.19been granted in the order granted only to the extent of the138.20money remaining in the account. The agency shall pay the138.21remaining claims which have been granted after additional money138.22is credited to the account.138.23 Subd. 4. [ACCOUNTTRANSFER REQUEST.] At the end of each 138.24 fiscal year, the agency shall submit a request to the petroleum 138.25 tank release compensation board for transfer to theaccountfund 138.26 from the petroleum tank release cleanup fund under section 138.27 115C.08, subdivision 5, of an amount equal to the compensation 138.28 granted by the agency for claims related to petroleum releases 138.29 plus administrative costs related to determination of those 138.30 claims. 138.31 Sec. 17. Minnesota Statutes 2002, section 115B.30, is 138.32 amended to read: 138.33 115B.30 [ELIGIBLE INJURY AND DAMAGE.] 138.34 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal 138.35 injury which could reasonably have resulted from exposure to a 138.36 harmful substance released from a facility where it was placed 139.1 or came to be located is eligible for compensation from 139.2 theaccountfund if: 139.3 (1) it is a medically verified chronic or progressive 139.4 disease, illness, or disability such as cancer, organic nervous 139.5 system disorders, or physical deformities, including 139.6 malfunctions in reproduction, in humans or their offspring, or 139.7 death; or 139.8 (2) it is a medically verified acute disease or condition 139.9 that typically manifests itself rapidly after a single exposure 139.10 or limited exposures and the persons responsible for the release 139.11 of the harmful substance are unknown or cannot with reasonable 139.12 diligence be determined or located or a judgment would not be 139.13 satisfied in whole or in part against the persons determined to 139.14 be responsible for the release of the harmful substance. 139.15 (b) A personal injury is not compensable from the account 139.16 if: 139.17 (1) the injury is compensable under the workers' 139.18 compensation law, chapter 176; 139.19 (2) the injury arises out of the claimant's use of a 139.20 consumer product; 139.21 (3) the injury arises out of an exposure that occurred or 139.22 is occurring outside the geographical boundaries of the state; 139.23 (4) the injury results from the release of a harmful 139.24 substance for which the claimant is a responsible person; or 139.25 (5) the injury is an acute disease or condition other than 139.26 one described in paragraph (a). 139.27 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real 139.28 property in Minnesota owned by the claimant is eligible for 139.29 compensation from theaccountfund if the damage results from 139.30 the presence in or on the property of a harmful substance 139.31 released from a facility where it was placed or came to be 139.32 located. Damage to property is not eligible for compensation 139.33 from theaccountfund if it results from the release of a 139.34 harmful substance for which the claimant is a responsible person. 139.35 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 139.36 eligible for compensation from theaccountfund unless it is 140.1 filed with the agency within the time provided in this 140.2 subdivision. 140.3 (b) A claim for compensation for personal injury must be 140.4 filed within two years after the injury and its connection to 140.5 exposure to a harmful substance was or reasonably should have 140.6 been discovered. 140.7 (c) A claim for compensation for property damage must be 140.8 filed within two years after the full amount of compensable 140.9 losses can be determined. 140.10 (d) Notwithstanding the provisions of this subdivision, 140.11 claims for compensation that would otherwise be barred by any 140.12 statute of limitations provided in sections 115B.25 to 115B.37 140.13 may be filed not later than January 1, 1992. 140.14 Sec. 18. Minnesota Statutes 2002, section 115B.31, 140.15 subdivision 1, is amended to read: 140.16 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 140.17 CERTAIN CASES.] (a) A person who has settled a claim for an 140.18 eligible injury or eligible property damage with a responsible 140.19 person, either before or after bringing an action in court for 140.20 that injury or damage, may not file a claim with the account for 140.21 the same injury or damage. A person who has received a 140.22 favorable judgment in a court action for an eligible injury or 140.23 eligible property damage may not file a claim with theaccount140.24 fund for the same injury or damage, unless the judgment cannot 140.25 be satisfied in whole or in part against the persons responsible 140.26 for the release of the harmful substance. A person who has 140.27 filed a claim with the agency or its predecessor, the harmful 140.28 substance compensation board, may not file another claim with 140.29 the agency for the same eligible injury or damage, unless the 140.30 claim was inactivated by the agency or board as provided in 140.31 section 115B.32, subdivision 1. 140.32 (b) A person who has filed a claim with the agency or board 140.33 for an eligible injury or damage, and who has received and 140.34 accepted an award from the agency or board, is precluded from 140.35 bringing an action in court for the same eligible injury or 140.36 damage. 141.1 (c) A person who files a claim with the agency for personal 141.2 injury or property damage must include all known claims eligible 141.3 for compensation in one proceeding before the agency. 141.4 Sec. 19. Minnesota Statutes 2002, section 115B.31, 141.5 subdivision 3, is amended to read: 141.6 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated 141.7 to all the claimant's rights under statutory or common law to 141.8 recover losses compensated from theaccountfund from other 141.9 sources, including responsible persons as defined in section 141.10 115B.03. The state may bring a subrogation action in its own 141.11 name or in the name of the claimant. The state may not bring a 141.12 subrogation action against a person who was a party in a court 141.13 action by the claimant for the same eligible injury or damage, 141.14 unless the claimant dismissed the action prior to trial. Money 141.15 recovered by the state under this subdivision must be deposited 141.16 in theaccountfund. Nothing in sections 115B.25 to 115B.37 141.17 shall be construed to create a standard of recovery in a 141.18 subrogation action. 141.19 Sec. 20. Minnesota Statutes 2002, section 115B.31, 141.20 subdivision 4, is amended to read: 141.21 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 141.22 A claimant may not commence a court action to recover for any 141.23 injury or damage for which the claimant seeks compensation from 141.24 theaccountfund during the time that a claim is pending before 141.25 the agency. A person may not file a claim with the agency for 141.26 compensation for any injury or damage for which the claimant 141.27 seeks to recover in a pending court action. The time for filing 141.28 a claim under section 115B.30 or the statute of limitations for 141.29 any civil action is suspended during the period of time that a 141.30 claimant is precluded from filing a claim or commencing an 141.31 action under this subdivision. 141.32 Sec. 21. Minnesota Statutes 2002, section 115B.32, 141.33 subdivision 1, is amended to read: 141.34 Subdivision 1. [FORM.] A claim for compensation from 141.35 theaccountfund must be filed with the agency in the form 141.36 required by the agency. When a claim does not include all the 142.1 information required by subdivision 2 and applicable agency 142.2 rules, the agency staff shall notify the claimant of the absence 142.3 of the required information within 14 days of the filing of the 142.4 claim. All required information must be received by the agency 142.5 not later than 60 days after the claimant received notice of its 142.6 absence or the claim will be inactivated and may not be 142.7 resubmitted for at least one year following the date of 142.8 inactivation. The agency may decide not to inactivate a claim 142.9 under this subdivision if it finds serious extenuating 142.10 circumstances. 142.11 Sec. 22. Minnesota Statutes 2002, section 115B.33, 142.12 subdivision 1, is amended to read: 142.13 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency 142.14 shall grant compensation to a claimant who shows that it is more 142.15 likely than not that: 142.16 (1) the claimant suffers a medically verified injury that 142.17 is eligible for compensation from theaccountfund and that has 142.18 resulted in a compensable loss; 142.19 (2) the claimant has been exposed to a harmful substance; 142.20 (3) the release of the harmful substance from a facility 142.21 where the substance was placed or came to be located could 142.22 reasonably have resulted in the claimant's exposure to the 142.23 substance in the amount and duration experienced by the 142.24 claimant; and 142.25 (4) the injury suffered by the claimant can be caused or 142.26 significantly contributed to by exposure to the harmful 142.27 substance in an amount and duration experienced by the claimant. 142.28 Sec. 23. Minnesota Statutes 2002, section 115B.34, is 142.29 amended to read: 142.30 115B.34 [COMPENSABLE LOSSES.] 142.31 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 142.32 compensable by theaccountfund for personal injury are limited 142.33 to: 142.34 (1) medical expenses directly related to the claimant's 142.35 injury; 142.36 (2) up to two-thirds of the claimant's lost wages not to 143.1 exceed $2,000 per month or $24,000 per year; 143.2 (3) up to two-thirds of a self-employed claimant's lost 143.3 income, not to exceed $2,000 per month or $24,000 per year; 143.4 (4) death benefits to dependents which the agency shall 143.5 define by rule subject to the following conditions: 143.6 (i) the rule adopted by the agency must establish a 143.7 schedule of benefits similar to that established by section 143.8 176.111 and must not provide for the payment of benefits to 143.9 dependents other than those dependents defined in section 143.10 176.111; 143.11 (ii) the total benefits paid to all dependents of a 143.12 claimant must not exceed $2,000 per month; 143.13 (iii) benefits paid to a spouse and all dependents other 143.14 than children must not continue for a period longer than ten 143.15 years; 143.16 (iv) payment of benefits is subject to the limitations of 143.17 section 115B.36; and 143.18 (5) the value of household labor lost due to the claimant's 143.19 injury or disease, which must be determined in accordance with a 143.20 schedule established by the board by rule, not to exceed $2,000 143.21 per month or $24,000 per year. 143.22 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 143.23 by theaccountfund for property damage are limited to the 143.24 following losses caused by damage to the principal residence of 143.25 the claimant: 143.26 (1) the reasonable cost of replacing or decontaminating the 143.27 primary source of drinking water for the property not to exceed 143.28 the amount actually expended by the claimant or assessed by a 143.29 local taxing authority, if the department of health has 143.30 confirmed that the remedy provides safe drinking water and 143.31 advised that the water not be used for drinking or determined 143.32 that the replacement or decontamination of the source of 143.33 drinking water was necessary, up to a maximum of $25,000; 143.34 (2) losses incurred as a result of a bona fide sale of the 143.35 property at less than the appraised market value under 143.36 circumstances that constitute a hardship to the owner, limited 144.1 to 75 percent of the difference between the appraised market 144.2 value and the selling price, but not to exceed $25,000; and 144.3 (3) losses incurred as a result of the inability of an 144.4 owner in hardship circumstances to sell the property due to the 144.5 presence of harmful substances, limited to the increase in costs 144.6 associated with the need to maintain two residences, but not to 144.7 exceed $25,000. 144.8 (b) In computation of the loss under paragraph (a), clause 144.9 (3), the agency shall offset the loss by the amount of any 144.10 income received by the claimant from the rental of the property. 144.11 (c) For purposes of paragraph (a), the following 144.12 definitions apply: 144.13 (1) "appraised market value" means an appraisal of the 144.14 market value of the property disregarding any decrease in value 144.15 caused by the presence of a harmful substance in or on the 144.16 property; and 144.17 (2) "hardship" means an urgent need to sell the property 144.18 based on a special circumstance of the owner including 144.19 catastrophic medical expenses, inability of the owner to 144.20 physically maintain the property due to a physical or mental 144.21 condition, and change of employment of the owner or other member 144.22 of the owner's household requiring the owner to move to a 144.23 different location. 144.24 (d) Appraisals are subject to agency approval. The agency 144.25 may adopt rules governing approval of appraisals, criteria for 144.26 establishing a hardship, and other matters necessary to 144.27 administer this subdivision. 144.28 Sec. 24. Minnesota Statutes 2002, section 115B.36, is 144.29 amended to read: 144.30 115B.36 [AMOUNT AND FORM OF PAYMENT.] 144.31 If the agency decides to grant compensation, it shall 144.32 determine the net uncompensated loss payable to the claimant by 144.33 computing the total amount of compensable losses payable to the 144.34 claimant and subtracting the total amount of any compensation 144.35 received by the claimant for the same injury or damage from 144.36 other sources including, but not limited to, all forms of 145.1 insurance and social security and any emergency award made by 145.2 the agency. The agency shall pay compensation in the amount of 145.3 the net uncompensated loss, provided that no claimant may 145.4 receive more than $250,000. In the case of a death, the total 145.5 amount paid to all persons on behalf of the claimant may not 145.6 exceed $250,000. 145.7 Compensation from theaccountfund may be awarded in a lump 145.8 sum or in installments at the discretion of the agency. 145.9 Sec. 25. Minnesota Statutes 2002, section 115B.40, 145.10 subdivision 4, is amended to read: 145.11 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 145.12 DUTIES.] (a) The owner or operator of a qualified facility that 145.13 is not subject to a cleanup order shall: 145.14 (1) complete closure activities at the facility, or enter 145.15 into a binding agreement with the commissioner to do so, as 145.16 provided in paragraph (e), within one year from the date the 145.17 owner or operator is notified by the commissioner under 145.18 subdivision 3 of the closure activities that are necessary to 145.19 properly close the facility in compliance with facility's 145.20 permit, closure orders, or enforcement agreement with the 145.21 agency, and with the solid waste rules in effect at the time the 145.22 facility stopped accepting waste; 145.23 (2) undertake or continue postclosure care at the facility 145.24 until the date of notice of compliance under subdivision 7; 145.25 (3) in the case of qualified facilities defined in section 145.26 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 145.27 the commissioner of revenue for deposit in thesolid waste145.28 remediation fund established in section115B.42116.155 any 145.29 funds required for proof of financial responsibility under 145.30 section 116.07, subdivision 4h, that remain after facility 145.31 closure and any postclosure care and response action undertaken 145.32 by the owner or operator at the facility including, if proof of 145.33 financial responsibility is provided through a letter of credit 145.34 or other financial instrument or mechanism that does not 145.35 accumulate money in an account, the amount that would have 145.36 accumulated had the owner or operator utilized a trust fund, 146.1 less any amount used for closure, postclosure care, and response 146.2 action at the facility; and 146.3 (4) in the case of qualified facilities defined in section 146.4 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 146.5 the commissioner of revenue for deposit in thesolid waste146.6 remediation fund established in section115B.42116.155 an 146.7 amount of cash that is equal to the sum of their approved 146.8 current contingency action cost estimate and the present value 146.9 of their approved estimated remaining postclosure care costs 146.10 required for proof of financial responsibility under section 146.11 116.07, subdivision 4h. 146.12 (b) The owner or operator of a qualified facility that is 146.13 not subject to a cleanup order shall: 146.14 (1) in the case of qualified facilities defined in section 146.15 115B.39, subdivision 2, paragraph (l), clause (1), provide the 146.16 commissioner with a copy of all applicable comprehensive general 146.17 liability insurance policies and other liability policies 146.18 relating to property damage, certificates, or other evidence of 146.19 insurance coverage held during the life of the facility; and 146.20 (2) enter into a binding agreement with the commissioner to: 146.21 (i) in the case of qualified facilities defined in section 146.22 115B.39, subdivision 2, paragraph (l), clause (1), take any 146.23 actions necessary to preserve the owner or operator's rights to 146.24 payment or defense under insurance policies included in clause 146.25 (1); cooperate with the commissioner in asserting claims under 146.26 the policies; and, within 60 days of a request by the 146.27 commissioner, but no earlier than July 1, 1996, assign only 146.28 those rights under the policies related to environmental 146.29 response costs; 146.30 (ii) cooperate with the commissioner or other persons 146.31 acting at the direction of the commissioner in taking additional 146.32 environmental response actions necessary to address releases or 146.33 threatened releases and to avoid any action that interferes with 146.34 environmental response actions, including allowing entry to the 146.35 property and to the facility's records and allowing entry and 146.36 installation of equipment; and 147.1 (iii) refrain from developing or altering the use of 147.2 property described in any permit for the facility except after 147.3 consultation with the commissioner and in conformance with any 147.4 conditions established by the commissioner for that property, 147.5 including use restrictions, to protect public health and welfare 147.6 and the environment. 147.7 (c) The owner or operator of a qualified facility defined 147.8 in section 115B.39, subdivision 2, paragraph (l), clause (1), 147.9 that is a political subdivision may use a portion of any funds 147.10 established for response at the facility, which are available 147.11 directly or through a financial instrument or other financial 147.12 arrangement, for closure or postclosure care at the facility if 147.13 funds available for closure or postclosure care are inadequate 147.14 and shall assign the rights to any remainder to the commissioner. 147.15 (d) The agreement required in paragraph (b), clause (2), 147.16 must be in writing and must apply to and be binding upon the 147.17 successors and assigns of the owner. The owner shall record the 147.18 agreement, or a memorandum approved by the commissioner that 147.19 summarizes the agreement, with the county recorder or registrar 147.20 of titles of the county where the property is located. 147.21 (e) A binding agreement entered into under paragraph (a), 147.22 clause (1), may include a provision that the owner or operator 147.23 will reimburse the commissioner for the costs of closing the 147.24 facility to the standard required in that clause. 147.25 Sec. 26. Minnesota Statutes 2002, section 115B.41, 147.26 subdivision 1, is amended to read: 147.27 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A 147.28 person who is subject to the requirements in section 115B.40, 147.29 subdivision 4 or 5, paragraph (b), is responsible for all 147.30 environmental response costs incurred by the commissioner at or 147.31 related to the facility until the date of notice of compliance 147.32 under section 115B.40, subdivision 7. The commissioner may use 147.33 any funds available for closure, postclosure care, and response 147.34 action established by the owner or operator. If those funds are 147.35 insufficient or if the owner or operator fails to assign rights 147.36 to them to the commissioner, the commissioner may seek recovery 148.1 of environmental response costs against the owner or operator in 148.2 the county of Ramsey or in the county where the facility is 148.3 located or where the owner or operator resides. 148.4 (b) In an action brought under this subdivision in which 148.5 the commissioner prevails, the court shall award the 148.6 commissioner reasonable attorney fees and other litigation 148.7 expenses incurred by the commissioner to bring the action. All 148.8 costs, fees, and expenses recovered under this subdivision must 148.9 be deposited in thesolid wasteremediation fund established in 148.10 section115B.42116.155. 148.11 Sec. 27. Minnesota Statutes 2002, section 115B.41, 148.12 subdivision 2, is amended to read: 148.13 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 148.14 environmental response costs, including administrative and legal 148.15 expenses, incurred by the commissioner at a qualified facility 148.16 before the date of notice of compliance under section 115B.40, 148.17 subdivision 7, constitute a lien in favor of the state upon any 148.18 real property located in the state, other than homestead 148.19 property, owned by the owner or operator who is subject to the 148.20 requirements of section 115B.40, subdivision 4 or 5. A lien 148.21 under this subdivision attaches when the environmental response 148.22 costs are first incurred and continues until the lien is 148.23 satisfied or becomes unenforceable as for an environmental lien 148.24 under section 514.672. Notice, filing, and release of the lien 148.25 are governed by sections 514.671 to 514.676, except where those 148.26 requirements specifically are related to only cleanup action 148.27 expenses as defined in section 514.671. Relative priority of a 148.28 lien under this subdivision is governed by section 514.672, 148.29 except that a lien attached to property that was included in any 148.30 permit for the solid waste disposal facility takes precedence 148.31 over all other liens regardless of when the other liens were or 148.32 are perfected. Amounts received to satisfy all or a part of a 148.33 lien must be deposited in thesolid wasteremediation fund. 148.34 Sec. 28. Minnesota Statutes 2002, section 115B.41, 148.35 subdivision 3, is amended to read: 148.36 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 149.1 operator fails to comply with section 115B.40, subdivision 4, or 149.2 5, paragraph (b), fails to remit payment of environmental 149.3 response costs incurred by the commissioner before the date of 149.4 notice of compliance under section 115B.40, subdivision 7, and 149.5 is a local government unit, the commissioner may seek payment of 149.6 the costs from any state aid payments, except payments made 149.7 under section 115A.557, subdivision 1, otherwise due the local 149.8 government unit. The commissioner of revenue, after being 149.9 notified by the commissioner that the local government unit has 149.10 failed to pay the costs and the amount due, shall pay an annual 149.11 proportionate amount of the state aid payment otherwise payable 149.12 to the local government unit into thesolid wasteremediation 149.13 fund that will, over a period of no more than five years, 149.14 satisfy the liability of the local government unit for the costs. 149.15 Sec. 29. Minnesota Statutes 2002, section 115B.42, 149.16 subdivision 2, is amended to read: 149.17 Subd. 2. [EXPENDITURES.]Money in the fund may be spent by149.18 The commissioner may spend money from the remediation fund under 149.19 section 116.155, subdivision 2, paragraph (a), clause (2), to: 149.20 (1) inspect permitted mixed municipal solid waste disposal 149.21 facilities to: 149.22 (i) evaluate the adequacy of final cover, slopes, 149.23 vegetation, and erosion control; 149.24 (ii) determine the presence and concentration of hazardous 149.25 substances, pollutants or contaminants, and decomposition gases; 149.26 and 149.27 (iii) determine the boundaries of fill areas; 149.28 (2) monitor and take, or reimburse others for, 149.29 environmental response actions, including emergency response 149.30 actions, at qualified facilities; 149.31 (3) acquire and dispose of property under section 115B.412, 149.32 subdivision 3; 149.33 (4) recover costs under section 115B.39; 149.34 (5) administer, including providing staff and 149.35 administrative support for, sections 115B.39 to 115B.445; 149.36 (6) enforce sections 115B.39 to 115B.445; 150.1 (7)subject to appropriation, administer the agency's150.2groundwater and solid waste management programs;150.3(8)pay for private water supply well monitoring and health 150.4 assessment costs of the commissioner of health in areas affected 150.5 by unpermitted mixed municipal solid waste disposal facilities; 150.6(9)(8) reimburse persons under section 115B.43; 150.7(10)(9) reimburse mediation expenses up to a total of 150.8 $250,000 annually or defense costs up to a total of $250,000 150.9 annually for third-party claims for response costs under state 150.10 or federal law as provided in section 115B.414; and 150.11(11)(10) perform environmental assessments, up to 150.12 $1,000,000, at unpermitted mixed municipal solid waste disposal 150.13 facilities. 150.14 Sec. 30. Minnesota Statutes 2002, section 115B.421, is 150.15 amended to read: 150.16 115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 150.17 The closed landfill investment fund is established in the 150.18 state treasury. The fund consists of money credited to the 150.19 fund, and interest and other earnings on money in the fund. The 150.20 commissioner of finance shall transfer an initial amount of 150.21 $5,100,000 from the balance in the solid waste fund beginning in 150.22 fiscal year 2000 and shall continue to transfer $5,100,000 for 150.23 each following fiscal year, ceasing after 2003. Beginning July 150.24 1, 2003, funds must be deposited as described in section 150.25 115B.445. The fund shall be managed to maximize long-term gain 150.26 through the state board of investment. Money in the fund may be 150.27 spent by the commissioner after fiscal year 2020 in accordance 150.28 withsection 115B.42, subdivision 2, clauses (1) to (6)sections 150.29 115B.39 to 115B.444. 150.30 Sec. 31. Minnesota Statutes 2002, section 115B.445, is 150.31 amended to read: 150.32 115B.445 [DEPOSIT OF PROCEEDS.] 150.33 All amounts paid to the state by an insurer pursuant to any 150.34 settlement under section 115B.443 or judgment under section 150.35 115B.444 must be deposited in the state treasury and 150.36 credited equally to thesolid wasteremediation fund and the 151.1 closed landfill investment fund. 151.2 [EFFECTIVE DATE.] This section is effective for all 151.3 proceeds paid after June 30, 2001. 151.4 Sec. 32. Minnesota Statutes 2002, section 115B.48, 151.5 subdivision 2, is amended to read: 151.6 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 151.7 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 151.8 response and reimbursement account" or "account" means the dry 151.9 cleaner environmental response and reimbursement account in the 151.10 remediation fund established insectionsections 115B.49 and 151.11 116.155. 151.12 Sec. 33. Minnesota Statutes 2002, section 115B.49, 151.13 subdivision 1, is amended to read: 151.14 Subdivision 1. [ESTABLISHMENT.] The dry cleaner 151.15 environmental response and reimbursement account is established 151.16 as an account in thestate treasuryremediation fund. 151.17 Sec. 34. Minnesota Statutes 2002, section 115B.49, 151.18 subdivision 3, is amended to read: 151.19 Subd. 3. [EXPENDITURES.] (a) Money in the account mayonly151.20 be used: 151.21 (1) for environmental response costs incurred by the 151.22 commissioner under section 115B.50, subdivision 1; 151.23 (2) for reimbursement of amounts spent by the commissioner 151.24 from theenvironmental response, compensation, and compliance151.25accountremediation fund for expenses described in clause (1); 151.26 (3) for reimbursements under section 115B.50, subdivision 151.27 2; and 151.28 (4) for administrative costs of the commissioner of revenue. 151.29 (b) Money in the account is appropriated to the 151.30 commissioner for the purposes of this subdivision. The 151.31 commissioner shall transfer funds to the commissioner of revenue 151.32 sufficient to cover administrative costs pursuant to paragraph 151.33 (a), clause (4). 151.34 Sec. 35. Minnesota Statutes 2002, section 115D.12, 151.35 subdivision 2, is amended to read: 151.36 Subd. 2. [FEES.] (a) Persons required by United States 152.1 Code, title 42, section 11023, to submit a toxic chemical 152.2 release form to the commission, and owners or operators of 152.3 facilities listed in section 299K.08, subdivision 3, shall pay a 152.4 pollution prevention fee of $150 for each toxic pollutant 152.5 reported released plus a fee based on the total pounds of toxic 152.6 pollutants reported as released from each facility. Facilities 152.7 reporting less than 25,000 pounds annually of toxic pollutants 152.8 released per facility shall be assessed a fee of $500. 152.9 Facilities reporting annual releases of toxic pollutants in 152.10 excess of 25,000 pounds shall be assessed a graduated fee at the 152.11 rate of two cents per pound of toxic pollutants reported. 152.12 (b) Persons who generate more than 1,000 kilograms of 152.13 hazardous waste per month but who are not subject to the fee 152.14 under paragraph (a) must pay a pollution prevention fee of $500 152.15 per facility. Hazardous waste as used in this paragraph has the 152.16 meaning given it in section 116.06, subdivision 11, and 152.17 Minnesota Rules, chapter 7045. 152.18 (c) Fees required under this subdivision must be paid to 152.19 the director by January 1 of each year. The fees shall be 152.20 deposited in the state treasury and credited to the 152.21 environmental fund. 152.22 (d) The fees under this subdivision are exempt from section 152.23 16A.1285. 152.24 Sec. 36. Minnesota Statutes 2002, section 116.03, 152.25 subdivision 2, is amended to read: 152.26 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 152.27 organize the agency and employ such assistants and other 152.28 officers, employees and agents as the commissioner may deem 152.29 necessary to discharge the functions of the commissioner's 152.30 office, define the duties of such officers, employees and 152.31 agents, and delegate to them any of the commissioner's powers, 152.32 duties, and responsibilities, subject to the commissioner's 152.33 control and under such conditions as the commissioner may 152.34 prescribe. The commissioner may also contract with, and enter 152.35 into grant agreements with, persons, firms, corporations, the 152.36 federal government and any agency or instrumentality thereof, 153.1 the water research center of the University of Minnesota or any 153.2 other instrumentality of such university, for doing any of the 153.3 work of the commissioner's office, and. None of the provisions 153.4 of chapter 16C, relating to bids, shall apply to such contracts. 153.5 Sec. 37. Minnesota Statutes 2002, section 116.07, 153.6 subdivision 4d, is amended to read: 153.7 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 153.8 fees in amounts not greater than those necessary to cover the 153.9 reasonable costs of developing, reviewing, and acting upon 153.10 applications for agency permits and implementing and enforcing 153.11 the conditions of the permits pursuant to agency rules. Permit 153.12 fees shall not include the costs of litigation. The fee 153.13 schedule must reflect reasonable and routine direct and indirect 153.14 costs associated with permitting, implementation, and 153.15 enforcementcosts. The agency may impose an additional 153.16 enforcement fee to be collected for a period of up to two years 153.17 to cover the reasonable costs of implementing and enforcing the 153.18 conditions of a permit under the rules of the agency. Any money 153.19 collected under this paragraph shall be deposited in the 153.20 environmental fund. 153.21 (b) Notwithstanding paragraph (a),and section 16A.1285,153.22subdivision 2,the agency shall collect an annual fee from the 153.23 owner or operator of all stationary sources, emission 153.24 facilities, emissions units, air contaminant treatment 153.25 facilities, treatment facilities, potential air contaminant 153.26 storage facilities, or storage facilities subject to the 153.27 requirement to obtain a permit under subchapter V of the federal 153.28 Clean Air Act, United States Code, title 42, section 7401 et 153.29 seq., or section 116.081. The annual fee shall be used to pay 153.30 for all direct and indirect reasonable costs, including attorney 153.31 general costs, required to develop and administer the permit 153.32 program requirements of subchapter V of the federal Clean Air 153.33 Act, United States Code, title 42, section 7401 et seq., and 153.34 sections of this chapter and the rules adopted under this 153.35 chapter related to air contamination and noise. Those costs 153.36 include the reasonable costs of reviewing and acting upon an 154.1 application for a permit; implementing and enforcing statutes, 154.2 rules, and the terms and conditions of a permit; emissions, 154.3 ambient, and deposition monitoring; preparing generally 154.4 applicable regulations; responding to federal guidance; 154.5 modeling, analyses, and demonstrations; preparing inventories 154.6 and tracking emissions; and providing information to the public 154.7 about these activities. 154.8 (c) The agency shall set fees that: 154.9 (1) will result in the collection, in the aggregate, from 154.10 the sources listed in paragraph (b), of an amount not less than 154.11 $25 per ton of each volatile organic compound; pollutant 154.12 regulated under United States Code, title 42, section 7411 or 154.13 7412 (section 111 or 112 of the federal Clean Air Act); and each 154.14 pollutant, except carbon monoxide, for which a national primary 154.15 ambient air quality standard has been promulgated; 154.16 (2) may result in the collection, in the aggregate, from 154.17 the sources listed in paragraph (b), of an amount not less than 154.18 $25 per ton of each pollutant not listed in clause (1) that is 154.19 regulated under this chapter or air quality rules adopted under 154.20 this chapter; and 154.21 (3) shall collect, in the aggregate, from the sources 154.22 listed in paragraph (b), the amount needed to match grant funds 154.23 received by the state under United States Code, title 42, 154.24 section 7405 (section 105 of the federal Clean Air Act). 154.25 The agency must not include in the calculation of the aggregate 154.26 amount to be collected under clauses (1) and (2) any amount in 154.27 excess of 4,000 tons per year of each air pollutant from a 154.28 source. The increase in air permit fees to match federal grant 154.29 funds shall be a surcharge on existing fees. The commissioner 154.30 may not collect the surcharge after the grant funds become 154.31 unavailable. In addition, the commissioner shall use nonfee 154.32 funds to the extent practical to match the grant funds so that 154.33 the fee surcharge is minimized. 154.34 (d) To cover the reasonable costs described in paragraph 154.35 (b), the agency shall provide in the rules promulgated under 154.36 paragraph (c) for an increase in the fee collected in each year 155.1 by the percentage, if any, by which the Consumer Price Index for 155.2 the most recent calendar year ending before the beginning of the 155.3 year the fee is collected exceeds the Consumer Price Index for 155.4 the calendar year 1989. For purposes of this paragraph the 155.5 Consumer Price Index for any calendar year is the average of the 155.6 Consumer Price Index for all-urban consumers published by the 155.7 United States Department of Labor, as of the close of the 155.8 12-month period ending on August 31 of each calendar year. The 155.9 revision of the Consumer Price Index that is most consistent 155.10 with the Consumer Price Index for calendar year 1989 shall be 155.11 used. 155.12 (e) Any money collected under paragraphs (b) to (d) must be 155.13 deposited inan air quality account inthe environmental fund 155.14 and must be used solely for the activities listed in paragraph 155.15 (b). 155.16 (f) Persons who wish to construct or expand a facility may 155.17 offer to reimburse the agency for the costs of staff overtime or 155.18 consultant services needed to expedite permit review. The 155.19 reimbursement shall be in addition to fees imposed by lawor155.20rule. When the agency determines that it needs additional 155.21 resources to review the permit application in an expedited 155.22 manner, and that expediting the review would not disrupt 155.23 permitting program priorities, the agency may accept the 155.24 reimbursement. Reimbursements accepted by the agency are 155.25 appropriated to the agency for the purpose of reviewing the 155.26 permit application. Reimbursement by a permit applicant shall 155.27 precede and not be contingent upon issuance of a permit and 155.28 shall not affect the agency's decision on whether to issue or 155.29 deny a permit, what conditions are included in a permit, or the 155.30 application of state and federal statutes and rules governing 155.31 permit determinations. 155.32 (g) The fees under this subdivision are exempt from section 155.33 16A.1285. 155.34 Sec. 38. Minnesota Statutes 2002, section 116.07, 155.35 subdivision 4h, is amended to read: 155.36 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 156.1 shall adopt rules requiring the operator or owner of a solid 156.2 waste disposal facility to submit to the agency proof of the 156.3 operator's or owner's financial capability to provide reasonable 156.4 and necessary response during the operating life of the facility 156.5 and for 30 years after closure for a mixed municipal solid waste 156.6 disposal facility or for a minimum of 20 years after closure, as 156.7 determined by agency rules, for any other solid waste disposal 156.8 facility, and to provide for the closure of the facility and 156.9 postclosure care required under agency rules. Proof of 156.10 financial responsibility is required of the operator or owner of 156.11 a facility receiving an original permit or a permit for 156.12 expansion after adoption of the rules. Within 180 days of the 156.13 effective date of the rules or by July 1, 1987, whichever is 156.14 later, proof of financial responsibility is required of an 156.15 operator or owner of a facility with a remaining capacity of 156.16 more than five years or 500,000 cubic yards that is in operation 156.17 at the time the rules are adopted. Compliance with the rules 156.18 and the requirements of paragraph (b) is a condition of 156.19 obtaining or retaining a permit to operate the facility. 156.20 (b) A municipality, as defined in section 475.51, 156.21 subdivision 2, including a sanitary district, that owns or 156.22 operates a solid waste disposal facility that was in operation 156.23 on May 15, 1989, may meet its financial responsibility for all 156.24 or a portion of the contingency action portion of the reasonable 156.25 and necessary response costs at the facility by pledging its 156.26 full faith and credit to meet its responsibility. 156.27 The pledge must be made in accordance with the requirements 156.28 in chapter 475 for issuing bonds of the municipality, and the 156.29 following additional requirements: 156.30 (1) The governing body of the municipality shall enact an 156.31 ordinance that clearly accepts responsibility for the costs of 156.32 contingency action at the facility and that reserves, during the 156.33 operating life of the facility and for the time period required 156.34 in paragraph (a) after closure, a portion of the debt limit of 156.35 the municipality, as established under section 475.53 or other 156.36 law, that is equal to the total contingency action costs. 157.1 (2) The municipality shall require that all collectors that 157.2 haul to the facility implement a plan for reducing solid waste 157.3 by using volume-based pricing, recycling incentives, or other 157.4 means. 157.5 (3) When a municipality opts to meet a portion of its 157.6 financial responsibility by relying on its authority to issue 157.7 bonds, it shall also begin setting aside in a dedicated 157.8 long-term care trust fund money that will cover a portion of the 157.9 potential contingency action costs at the facility, the amount 157.10 to be determined by the agency for each facility based on at 157.11 least the amount of waste deposited in the disposal facility 157.12 each year, and the likelihood and potential timing of conditions 157.13 arising at the facility that will necessitate response action. 157.14 The agency may not require a municipality to set aside more than 157.15 five percent of the total cost in a single year. 157.16 (4) A municipality shall have and consistently maintain an 157.17 investment grade bond rating as a condition of using bonding 157.18 authority to meet financial responsibility under this section. 157.19 (5) The municipality shall file with the commissioner of 157.20 revenue its consent to have the amount of its contingency action 157.21 costs deducted from state aid payments otherwise due the 157.22 municipality and paid instead to theenvironmental response,157.23compensation, and compliance accountremediation fund created in 157.24 section115B.20116.155, if the municipality fails to conduct 157.25 the contingency action at the facility when ordered by the 157.26 agency. If the agency notifies the commissioner that the 157.27 municipality has failed to conduct contingency action when 157.28 ordered by the agency, the commissioner shall deduct the amounts 157.29 indicated by the agency from the state aids in accordance with 157.30 the consent filed with the commissioner. 157.31 (6) The municipality shall file with the agency written 157.32 proof that it has complied with the requirements of paragraph 157.33 (b). 157.34 (c) The method for proving financial responsibility under 157.35 paragraph (b) may not be applied to a new solid waste disposal 157.36 facility or to expansion of an existing facility, unless the 158.1 expansion is a vertical expansion. Vertical expansions of 158.2 qualifying existing facilities cannot be permitted for a 158.3 duration of longer than three years. 158.4 Sec. 39. [116.155] [REMEDIATION FUND.] 158.5 Subdivision 1. [CREATION.] The remediation fund is created 158.6 as a special revenue fund in the state treasury to provide a 158.7 reliable source of public money for response and corrective 158.8 actions to address releases of hazardous substances, pollutants 158.9 or contaminants, agricultural chemicals, and petroleum, and for 158.10 environmental response actions at qualified landfill facilities 158.11 for which the agency has assumed such responsibility, including 158.12 perpetual care of such facilities. The specific purposes for 158.13 which the general portion of the fund may be spent are provided 158.14 in subdivision 2. In addition to the general portion of the 158.15 fund, the fund contains two accounts described in subdivisions 4 158.16 and 5. 158.17 Subd. 2. [APPROPRIATION.] (a) Money in the general portion 158.18 of the remediation fund is appropriated to the agency and the 158.19 commissioners of agriculture and natural resources for the 158.20 following purposes: 158.21 (1) to take actions related to releases of hazardous 158.22 substances, or pollutants or contaminants as provided in section 158.23 115B.20; 158.24 (2) to take actions related to releases of hazardous 158.25 substances, or pollutants or contaminants, at and from qualified 158.26 landfill facilities as provided in section 115B.42, subdivision 158.27 2; 158.28 (3) to provide technical and other assistance under 158.29 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 158.30 115C.03, subdivision 9; 158.31 (4) for corrective actions to address incidents involving 158.32 agricultural chemicals, including related administrative, 158.33 enforcement, and cost recovery actions pursuant to chapter 18D; 158.34 and 158.35 (5) together with any amount approved for transfer to the 158.36 agency from the petroleum tank fund by the commissioner of 159.1 finance, to take actions related to releases of petroleum as 159.2 provided under section 115C.08. 159.3 (b) The commissioner of finance shall allocate the amounts 159.4 available in any biennium to the agency, and the commissioners 159.5 of agriculture and natural resources for the purposes provided 159.6 in this subdivision based upon work plans submitted by the 159.7 agency and the commissioners of agriculture and natural 159.8 resources, and may adjust those allocations upon submittal of 159.9 revised work plans. Copies of the work plans shall be submitted 159.10 to the chairs of the environment and environment finance 159.11 committees of the senate and house of representatives. 159.12 Subd. 3. [REVENUES.] The following revenues shall be 159.13 deposited in the general portion of the remediation fund: 159.14 (1) response costs and natural resource damages related to 159.15 releases of hazardous substances, or pollutants or contaminants, 159.16 recovered under sections 115B.17, subdivisions 6 and 7, 159.17 115B.443, 115B.444, or any other law; 159.18 (2) money paid to the agency or the agriculture department 159.19 by voluntary parties who have received technical or other 159.20 assistance under sections 115B.17, subdivision 14, 115B.175 to 159.21 115B.179, and 115C.03, subdivision 9; 159.22 (3) money received in the form of gifts, grants, 159.23 reimbursement, or appropriation from any source for any of the 159.24 purposes provided in subdivision 2, except federal grants; and 159.25 (4) interest accrued on the fund. 159.26 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 159.27 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 159.28 and reimbursement account is as described in sections 115B.47 to 159.29 115B.51. 159.30 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 159.31 ACCOUNT.] The metropolitan landfill contingency action trust 159.32 account is as described in section 473.845. 159.33 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund 159.34 shall also be supported by transfers as may be authorized by the 159.35 legislature from time to time from the environmental fund. 159.36 Sec. 40. Minnesota Statutes 2002, section 116.994, is 160.1 amended to read: 160.2 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 160.3ACCOUNTACCOUNTING.] 160.4The small business environmental improvement loan account160.5is established in the environmental fund.Repayments of loans 160.6 made under section 116.993 must be credited tothis accountthe 160.7 environmental fund.This account replaces the small business160.8environmental loan account in Minnesota Statutes 1996, section160.9116.992, and the hazardous waste generator loan account in160.10Minnesota Statutes 1996, section 115B.224. The account balances160.11and pending repayments from the small business environmental160.12loan account and the hazardous waste generator account will be160.13credited to this new account.Money deposited in theaccount160.14 fund under section 116.993 is appropriated to the commissioner 160.15 for loans underthissection 116.993. 160.16 Sec. 41. Minnesota Statutes 2002, section 116C.834, 160.17 subdivision 1, is amended to read: 160.18 Subdivision 1. [COSTS.] All costs incurred by the state to 160.19 carry out its responsibilities under the compact and under 160.20 sections 116C.833 to 116C.843 shall be paid by generators of 160.21 low-level radioactive waste in this state through fees assessed 160.22 by the pollution control agency. Fees may be reasonably 160.23 assessed on the basis of volume or degree of hazard of the waste 160.24 produced by a generator. Costs for which fees may be assessed 160.25 include, but are not limited to: 160.26 (1) the state contribution required to join the compact; 160.27 (2) the expenses of the Commission member and state agency 160.28 costs incurred to support the work of the Interstate Commission; 160.29 and 160.30 (3) regulatory costs. 160.31 The fees are exempt from section 16A.1285. 160.32 Sec. 42. Minnesota Statutes 2002, section 297H.13, 160.33 subdivision 1, is amended to read: 160.34 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived 160.35 from the taxes imposed on waste management services under this 160.36 chapter, less the costs to the department of revenue for161.1administering the tax under this chapter,shall be deposited by 161.2 the commissioner of revenue in the state treasury. 161.3The amounts retained by the department of revenue shall be161.4deposited in a separate revenue department fund which is hereby161.5created. Money in this fund is hereby appropriated, up to a161.6maximum annual amount of $200,000, to the commissioner of161.7revenue for the costs incurred in administration of the solid161.8waste management tax under this chapter.161.9 Sec. 43. Minnesota Statutes 2002, section 297H.13, 161.10 subdivision 2, is amended to read: 161.11 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 161.12 percent, whichever is greater, of the amounts remitted under 161.13 this chapter must be credited to thesolid wasteenvironmental 161.14 fund established in section115B.4216A.531, subdivision 1. 161.15 (b) The remainder must be deposited into the general fund. 161.16 Sec. 44. Minnesota Statutes 2002, section 325E.10, 161.17 subdivision 1, is amended to read: 161.18 Subdivision 1. [SCOPE.] For the purposes of sections 161.19 325E.11 to325E.113325E.112 and this section, the terms defined 161.20 in this section have the meanings given them. 161.21 Sec. 45. Minnesota Statutes 2002, section 469.175, 161.22 subdivision 7, is amended to read: 161.23 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 161.24 RESPONSE ACTIONS.] (a) An authority which is creating or has 161.25 created a tax increment financing district may establish within 161.26 the district a hazardous substance subdistrict upon the notice 161.27 and after the discussion, public hearing, and findings required 161.28 for approval of or modification to the original plan. The 161.29 geographic area of the subdistrict is made up of any parcels in 161.30 the district designated for inclusion by the municipality or 161.31 authority that are designated hazardous substance sites, and any 161.32 additional parcels in the district designated for inclusion that 161.33 are contiguous to the hazardous substance sites, including 161.34 parcels that are contiguous to the site except for the 161.35 interposition of a right-of-way. Before or at the time of 161.36 approval of the tax increment financing plan or plan 162.1 modification providing for the creation of the hazardous 162.2 substance subdistrict, the authority must make the findings 162.3 under paragraphs (b) to (d), and set forth in writing the 162.4 reasons and supporting facts for each. 162.5 (b) Development or redevelopment of the site, in the 162.6 opinion of the authority, would not reasonably be expected to 162.7 occur solely through private investment and tax increment 162.8 otherwise available, and therefore the hazardous substance 162.9 district is deemed necessary. 162.10 (c) Other parcels that are not designated hazardous 162.11 substance sites are expected to be developed together with a 162.12 designated hazardous substance site. 162.13 (d) The subdistrict is not larger than, and the period of 162.14 time during which increments are elected to be received is not 162.15 longer than, that which is necessary in the opinion of the 162.16 authority to provide for the additional costs due to the 162.17 designated hazardous substance site. 162.18 (e) Upon request by an authority that has incurred expenses 162.19 for removal or remedial actions to implement a development 162.20 response action plan, the attorney general may: 162.21 (1) bring a civil action on behalf of the authority to 162.22 recover the expenses, including administrative costs and 162.23 litigation expenses, under section 115B.04 or other law; or 162.24 (2) assist the authority in bringing an action as described 162.25 in clause (1), by providing legal and technical advice, 162.26 intervening in the action, or other appropriate assistance. 162.27 The decision to participate in any action to recover expenses is 162.28 at the discretion of the attorney general. 162.29 (f) If the attorney general brings an action as provided in 162.30 paragraph (e), clause (1), the authority shall certify its 162.31 reasonable and necessary expenses incurred to implement the 162.32 development response action plan and shall cooperate with the 162.33 attorney general as required to effectively pursue the action. 162.34 The certification by the authority is prima facie evidence that 162.35 the expenses are reasonable and necessary. The attorney general 162.36 may deduct litigation expenses incurred by the attorney general 163.1 from any amounts recovered in an action brought under paragraph 163.2 (e), clause (1). The authority shall reimburse the attorney 163.3 general for litigation expenses not recovered in an action under 163.4 paragraph (e), clause (1), but only from the additional tax 163.5 increment required to be used as described in section 469.176, 163.6 subdivision 4e. The authority must reimburse the attorney 163.7 general for litigation expenses incurred to assist in bringing 163.8 an action under paragraph (e), clause (2), but only from amounts 163.9 recovered by the authority in an action or, if the amounts are 163.10 insufficient, from the additional tax increment required to be 163.11 used as described in section 469.176, subdivision 4e. All money 163.12 recovered or paid to the attorney general for litigation 163.13 expenses under this paragraph shall be paid to the general fund 163.14 of the state for deposit to the account of the attorney 163.15 general. For the purposes of this section, "litigation 163.16 expenses" means attorney fees and costs of discovery and other 163.17 preparation for litigation. 163.18 (g) The authority shall reimburse the pollution control 163.19 agency for its administrative expenses incurred to review and 163.20 approve a development action response plan. The authority must 163.21 reimburse the pollution control agency for expenses incurred for 163.22 any services rendered to the attorney general to support the 163.23 attorney general in actions brought or assistance provided under 163.24 paragraph (e), but only from amounts recovered by the authority 163.25 in an action brought under paragraph (e) or from the additional 163.26 tax increment required to be used as described in section 163.27 469.176, subdivision 4e. All money paid to the pollution 163.28 control agency under this paragraph shall be deposited in the 163.29environmental response, compensation and complianceremediation 163.30 fund. 163.31 (h) Actions taken by an authority consistent with a 163.32 development response action plan are deemed to be authorized 163.33 response actions for the purpose of section 115B.17, subdivision 163.34 12. An authority that takes actions consistent with a 163.35 development response action plan qualifies for the defenses 163.36 available under sections 115B.04, subdivision 11, and 115B.05, 164.1 subdivision 9. 164.2 (i) All money recovered by an authority in an action 164.3 brought under paragraph (e) in excess of the amounts paid to the 164.4 attorney general and the pollution control agency must be 164.5 treated as excess increments and be distributed as provided in 164.6 section 469.176, subdivision 2, clause (4), to the extent the 164.7 removal and remedial actions were initially financed with 164.8 increment revenues. 164.9 Sec. 46. Minnesota Statutes 2002, section 473.843, 164.10 subdivision 2, is amended to read: 164.11 Subd. 2. [DISPOSITION OF PROCEEDS.]After reimbursement to164.12the department of revenue for costs incurred in administering164.13this section,The proceeds of the fees imposed under this 164.14 section, including interest and penalties, must be deposited as 164.15 follows: 164.16 (1) three-fourths of the proceeds must be deposited in the 164.17 environmental fund for metropolitan landfill abatementaccount164.18establishedfor the purposes described in section 473.844; and 164.19 (2) one-fourth of the proceeds must be deposited in the 164.20 metropolitan landfill contingency action trust account in the 164.21 remediation fund established insectionsections 116.155 and 164.22 473.845. 164.23 Sec. 47. Minnesota Statutes 2002, section 473.844, 164.24 subdivision 1, is amended to read: 164.25 Subdivision 1. [ESTABLISHMENT;PURPOSES.] Themetropolitan164.26landfill abatement account ismoney in the environmental fundin164.27orderfor landfill abatement must be used to reduce to the 164.28 greatest extent feasible and prudent the need for and practice 164.29 of land disposal of mixed municipal solid waste in the 164.30 metropolitan area.The accountThis money consists of revenue 164.31 deposited in theaccountenvironmental fund under section 164.32 473.843, subdivision 2, clause (1), and interest earned on 164.33 investment of this moneyin the account. All repayments to 164.34 loans made under this section must be credited to the 164.35accountenvironmental fund. The landfill abatement money in the 164.36accountenvironmental fund may be spent only for purposes of 165.1 metropolitan landfill abatement as provided in subdivision 1a 165.2 and only upon appropriation by the legislature. 165.3 Sec. 48. Minnesota Statutes 2002, section 473.845, 165.4 subdivision 1, is amended to read: 165.5 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 165.6 contingency action trustfundaccount is an expendable trust 165.7fundaccount in thestate treasuryremediation fund. Thefund165.8 account consists of revenue deposited in the fund under section 165.9 473.843, subdivision 2, clause (2); amounts recovered under 165.10 subdivision 7; and interest earned on investment of money in the 165.11 fund. 165.12 Sec. 49. Minnesota Statutes 2002, section 473.845, 165.13 subdivision 3, is amended to read: 165.14 Subd. 3. [EXPENDITURES FROM THE FUNDCONTINGENCY ACTIONS 165.15 AND REIMBURSEMENT.] Money in thefundaccount is appropriated to 165.16 the agency for expenditure for any of the following: 165.17 (1) to take reasonable and necessaryexpensesactions for 165.18 closure and postclosure care of a mixed municipal solid waste 165.19 disposal facility in the metropolitan area for a 30-year period 165.20 after closure, if the agency determines that the operator or 165.21 owner will not take the necessary actions requested by the 165.22 agency for closure and postclosure in the manner and within the 165.23 time requested; 165.24 (2) to take reasonable and necessary response actions and 165.25 postclosurecostscare actions at a mixed municipal solid waste 165.26 disposal facility in the metropolitan area that has been closed 165.27 for 30 years in compliance with the closure and postclosure 165.28 rules of the agency; 165.29 (3)reimbursementto reimburse a local government unit for 165.30 costs incurred over $400,000 under a work plan approved by the 165.31 commissioner of the agency to remediate methane at a closed 165.32 disposal facility owned by the local government unit; or 165.33 (4) reasonable and necessary response costs at an 165.34 unpermitted facility for mixed municipal solid waste disposal in 165.35 the metropolitan area that was permitted by the agency for 165.36 disposal of sludge ash from a wastewater treatment facility. 166.1 Sec. 50. Minnesota Statutes 2002, section 473.845, 166.2 subdivision 7, is amended to read: 166.3 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs 166.4 expenses for response actions at a facility, the agency is 166.5 subrogated to any right of action which the operator or owner of 166.6 the facility may have against any other person for the recovery 166.7 of the expenses. The attorney general may bring an action to 166.8 recover amounts spent by the agency under this section from 166.9 persons who may be liable for them. Amounts recovered, 166.10 including money paid under any agreement, stipulation, or 166.11 settlement must be deposited in the metropolitan landfill 166.12 contingency action account in the remediation fund created under 166.13 section 116.155. 166.14 Sec. 51. Minnesota Statutes 2002, section 473.845, 166.15 subdivision 8, is amended to read: 166.16 Subd. 8. [CIVIL PENALTIES.] The civil penalties of 166.17 sections 115.071 and 116.072 apply to any person in violation of 166.18 this section.All money recovered by the state under any166.19statute or rule related to the regulation of solid waste in the166.20metropolitan area, including civil penalties and money paid166.21under any agreement, stipulation, or settlement, shall be166.22deposited in the fund.166.23 Sec. 52. Minnesota Statutes 2002, section 473.846, is 166.24 amended to read: 166.25 473.846 [REPORT TO LEGISLATURE.] 166.26 The agency and the director shall submit to the senate 166.27 finance committee, the house ways and means committee, and the 166.28 environment and natural resources committees of the senate and 166.29 house of representatives, the finance division of the senate 166.30 committee on environment and natural resources, and the house of 166.31 representatives committee on environment and natural resources 166.32 finance separate reports describing the activities for which 166.33 moneyfrom thefor landfill abatementaccount and contingency166.34action trust fundhas been spent under sections 473.844 and 166.35 473.845. The agency shall report by November 1 of each year on 166.36 expenditures during its previous fiscal year. The director 167.1 shall report on expenditures during the previous calendar year 167.2 and must incorporate its report in the report required by 167.3 section 115A.411, due July 1 of each odd-numbered year. The 167.4 director shall make recommendations to the environment and 167.5 natural resources committees of the senate and house of 167.6 representatives, the finance division of the senate committee on 167.7 environment and natural resources, and the house of 167.8 representatives committee on environment and natural resources 167.9 finance on the future management and use of the metropolitan 167.10 landfill abatement account. 167.11 Sec. 53. [INCREASE TO WATER QUALITY PERMIT FEES.] 167.12 (a) The pollution control agency shall collect water 167.13 quality permit fees that reflect the fees in Minnesota Rules, 167.14 part 7002.0310, and Laws 2002, chapter 374, article 6, section 167.15 8, with the application fee in paragraph (b) increased from $240 167.16 to $1,000. 167.17 (b) The increased permit fee is effective July 1, 2003. 167.18 The agency shall adopt amended water quality permit fee rules 167.19 incorporating the permit fee increase in paragraph (a) under 167.20 Minnesota Statutes, section 14.389. The pollution control 167.21 agency shall begin collecting the increased permit fee on July 167.22 1, 2003, even if the rule adoption process has not been 167.23 initiated or completed. Notwithstanding Minnesota Statutes, 167.24 section 14.18, subdivision 2, the increased permit fee 167.25 reflecting the permit fee increase in paragraph (a) and the rule 167.26 amendments incorporating that permit fee increase do not require 167.27 further legislative approval. 167.28 [EFFECTIVE DATE.] This section is effective the day 167.29 following final enactment. 167.30 Sec. 54. [INCREASE TO HAZARDOUS WASTE FEES.] 167.31 (a) The pollution control agency shall collect hazardous 167.32 waste fees that reflect the fee formula in Minnesota Rules, part 167.33 7046.0060, increased by an addition of $2,000,000 to the 167.34 adjusted fiscal year target described in Step 2 of Minnesota 167.35 Rules, part 7046.0060. 167.36 (b) The increased fees are effective January 1, 2004. The 168.1 agency shall adopt an amended hazardous waste fee formula 168.2 incorporating the increase in paragraph (a) under Minnesota 168.3 Statutes, section 14.389. The pollution control agency shall 168.4 begin collecting the increased permit fees on January 1, 2004, 168.5 even if the rule adoption process has not been initiated or 168.6 completed. Notwithstanding Minnesota Statutes, section 14.18, 168.7 subdivision 2, the increased fees reflecting the fee increases 168.8 in paragraph (a) and the rule amendments incorporating those 168.9 permit fee increases do not require further legislative approval. 168.10 [EFFECTIVE DATE.] This section is effective the day 168.11 following final enactment. 168.12 Sec. 55. [TRANSFER OF FUND BALANCES.] 168.13 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 168.14 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 168.15 response, compensation, and compliance account are transferred 168.16 to the remediation fund created under Minnesota Statutes, 168.17 section 116.155. 168.18 Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the balance of 168.19 the solid waste fund is transferred to the environmental fund 168.20 created in Minnesota Statutes, section 16A.531, subdivision 1. 168.21 Any remaining balance in the solid waste fund is transferred to 168.22 the remediation fund created under Minnesota Statutes, section 168.23 116.155. 168.24 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 168.25 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 168.26 environmental response and reimbursement account are transferred 168.27 to the dry cleaner environmental response and reimbursement 168.28 account in the remediation fund created under Minnesota 168.29 Statutes, sections 115B.49 and 116.155. 168.30 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION 168.31 FUND.] All amounts remaining in the metropolitan landfill 168.32 contingency action fund are transferred to the metropolitan 168.33 landfill contingency action trust account in the remediation 168.34 fund created under Minnesota Statutes, sections 116.155 and 168.35 473.845. 168.36 Sec. 56. [REPEALER.] 169.1 Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 169.2 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, 169.3 subdivisions 2 and 3; 325E.113; and 473.845, subdivision 4, are 169.4 repealed. 169.5 Sec. 57. [EFFECTIVE DATE.] 169.6 Except as otherwise provided, this article is effective 169.7 July 1, 2003.