SF 1523 Senate Long Description
E Relating to the organization, operation and financing of state + government, appropriating money for environment, natural resources, agriculture, +economic development and housing purposes ARTICLE 1 � GENERALProviding a summary of appropriations by fund; appropriating money to+ the pollution control agency for the clean water partnership program, +for county feedlot permit program administration grants, for community water quality protection technical assistance and +education, for individual sewage treatment system administration and grants, for the+ small business environmental improvement loan, air quality monitoring and +leaking underground storage tank programs, for environmental response, +compensation and liability, for transfer to the department of health for water supply +monitoring and health assessment costs, for multimedia and for administrative +support, to the office of environmental assistance for SCORE block grants to +counties, for the metropolitan landfill abatement fund, for environmental +assistance grants or loans and for mixed municipal solid waste processing payments, to +the zoological board and to the department of natural resources for iron +ore and minerals cooperative research, for mineral diversification, for the +Red River mediation agreement and for the implementation for the comprehensive +plan for the upper Mississippi, for construction of ring dikes, for emergency +forest firefighting costs, for implementation of the sustainable forest +resources act, for the FORIST timber management information system, for +implementation of the ecological classification systems (ECS) standards on forested +landscapes, for state parks development projects and parks and recreation areas +management, for metropolitan area regional parks and trails maintenance and +operation, for a grant to the city of Taylors Falls for Interstate park fire and +rescue operations, for trails and waterways and fish and wildlife +management, for boat and water safety grants to counties, for solid waste and snowmobile +enforcement activities, for all-terrain vehicle (ATV) environmental and safety +education and training, for metropolitan area natural areas and greenways +acquisition and development, for regional resource enhancement grants and for the +Duluth and Como zoos, to the Minnesota conservation corps, to the board of water+ and soil resources for local natural resources block, certain soil and water conservation and watershed district and Red River basin water +management activities coordination grants, to the science museum, to the +department of agriculture for the voluntary cleanup program, for agricultural +marketing and development, for ethanol producer payments, for continuation of the +dairy development and profitability enhancement and business planning grant+ programs, for the northern crops institute, for family farm security interest +payment adjustments, for mental health counseling to farm families, for +design of the agriculture and food sciences academy and for rural life outreach +and help network grants, to the board of animal health to control +paratuberculosis (Johne's disease) in bovine herds, for the investigation of the avian pneumovirus disease and for cervidae inspection, to the agricultural utilization research institute for hybrid tree management research +and development, to the Minnesota horticultural society and to the +legislative commission on Minnesota resources (LCMR), the commissioners of +natural resources, administration, agriculture and health, the university of Minnesota, the Minnesota historical society, BOWSR, the PCA and the +Minnesota geological survey for certain environment, natural resources and +energy projects; specifying certain data availability, project, match, +recycled and recyclable materials purchase, energy conservation and accessibility requirements and certain payment conditions; providing for +carryforward of certain appropriations; requiring certain fund transfers; specifying +certain report requirements; requiring the commissioner of agriculture to +promote federal proposals to address low milk prices; strengthening the +provisions regulating farmed cervidae; increasing aquatic farming, aquarium +facility and food handlers license and certain inspection and modifying certain +milk processing fees; eliminating the expiration date on certain cervidae +import restrictions; modifying and extending certain ethanol producer +payment provisions; expanding the authority of the commissioner of natural +resources to accept gifts and authorizing the commissioner to employ individuals +to enforce laws governing the use of state parks and recreation areas and +monuments, game preserves and reforestation projects; increasing the age for +harvesting wild rice without a license and imposing certain additional fees on +harvesting, placing the wild rice management account in the game and fish fund +and eliminating the carryforward of unappropriated money; increasing and +expanding the registration filing fees for off highway motorcycles, off-road +vehicles and all-terrain vehicles; transferring the Minnesota conservation corps +from the DNR to the nonprofit corporation friends of the Minnesota +conservation corps and providing for corps organization; modifying certain state park +parking and campsite use fees and certain permit requirements; requiring a +reduced charge in lieu of free admission to the Minnesota zoo for elementary school +children; increasing and imposing an additional filing fee for watercraft +licenses; authorizing the commissioner to prevent or control wildlife disease; +increasing the amount of revenue from the small game license surcharge and +lifetime licenses to be credited to the wildlife acquisition account and +expanding the authorized uses of the waterfowl and pheasant habitat improvement +accounts; providing for the issuance of mourning dove stamps for habitat +improvement purposes; eliminating the authority to breed and propagate moose, +elk, caribou or deer; authorizing the issuance of free deer and small game +licenses to certain firearms safety instructors; modifying certain resident +hunting license fees and increasing the small game license surcharge and the fees for+ migratory waterfowl and pheasant stamps and providing for the issuance of +mourning dove stamps; increasing certain fishing license fees and imposing an +application fee for the Camp Ripley archery deer hunt; restricting importation and +possession of hunter harvested cervidae; expanding the authority of the +commissioner to establish special deer seasons; making optional the requirement for +BOWSR to develop a priority schedule for the revision of watershed plans and +modifying certain comprehensive local water management plan requirements, +authorizing the award of competitive grants; requiring notice to transportation +authorities of the adoption of watershed district rules for review and comment +purposes; expanding the definition of local government unit to soil and water conservation districts under the water law; requiring the assessment +of certain fees for managing wetland bank accounts and transactions for wetland +bank administration purposes; increasing water use permit processing and +imposing a fee to operate aeration systems during periods of ice cover, +authorizing waiver under certain conditions; increasing or eliminating certain limits on+ aquatic plant harvesting fees; providing for compliance of storm water +permits with nondegradation and mitigation requirements and for regulation of +storm water discharges; modifying certain provisions regulating individual sewage+ treatment systems, specifying certain recordkeeping requirements and imposing a+ surcharge on the sale of septic system tanks; expanding license requirements to+ system operators and requiring registered ISTS professionals to periodically+ earn a certain number of credits of training; authorizing commissioner +issuance of limited subsurface certifications to ISTS operators; authorizing the +director of the office of environmental assistance to terminate the +obligations of waste processing facility grant or loan recipients for good faith efforts +to comply with the terms and conditions of the grant or loan, authorizing the +director in lieu of declaring default to identify additional measures to be taken+ by recipients to meet the good faith test, requiring an annual director +report to the legislature on defaults and terminations; modifying the +distribution of certain fee or tax to certain natural resources funds and the +authorized uses of county disposal fees; prohibiting the placement in mixed municipal+ solid waste of electronic products with cathode ray tubes, requiring and +providing for recovery and recycling; restricting the manufacture for use, sale+ or import into the state of household or commercial dishwasher detergents +containing more than a certain percentage of phosphorus; modifying and clarifying +certain provisions relating to the administration of the environment and +natural resources trust and Minnesota future resources funds and federal land+ and water conservation funds; modifying the definition of qualified on farm +biogas recovery facility relating to ownership under the renewable energy +production incentive; designating the commissioner of health as the permit +authority for water supply and individual sewage treatment systems and the PCA as +the permit authority for wastewater collection and surface discharging +wastewater disposal systems within state parks and recreation areas; creating an +exception to the prohibition on the ownership of agricultural land by non-American +corporations for certain land held by persons with nonimmigrant treaty investment +visas under certain conditions; modifying certain storm water permit and +utility license fees; requiring and providing for the PCA in conjunction with+ the association of Minnesota counties to designate a certain number of +cooperating counties with waterbodies impaired by fecal coliform bacteria to +complete an inventory of properties with ISTS posing an imminent threat to public+ health or safety and to appoint an advisory group (temporary task force) to +report to the legislature by a certain date on a plan to locate and update the +systems to ensure compliance with ISTS maintenance requirements, requiring +proposal of a structure for an industry oversight committee; terminating the +outstanding obligations from certain waste processing facility grants by the OEA +to Fillmore, St. Louis, Wright, Isanti, Chisago, Pine, Mille Lacs, +Kanabec and Pennington counties; requiring the PCA by a certain date to adopt water quality assessment rules for impairment +determination purposes; requiring certain reports on streamlining and coordinating +county reporting requirements; requiring the commissioner of natural +resources to report to the legislature by a certain date on clarification of +conservation and law enforcement officer authority for other department employees; requiring the commissioner of the PCA+ to study the concept of lowering phosphorus in the wastewater stream and to +review the rules on nutrients in cleaning agents and report to the legislature +by a certain date; repealing the Minnesota-Wisconsin boundary area compact+ and commission, certain authorized expenditures from the pesticide +regulatory account, the prohibition on the conduct of circuses during the state +fair, certain ethanol development provisions, certain water management +requirements and certain provisions relating to the confinement of cervidae and +certain rules ARTICLE 2 - ENVIRONMENTAL FUND CHANGES Providing for the crediting of certain additional penalties, taxes +and fees to the environmental fund and exempting certain fees from departmental +earnings requirements; establishing the remediation fund to replace the +environmental response, compensation and compliance fund for environmental response+ and corrective actions purposes, providing for deposit of superfund and +certain other response or action fees, recoveries and penalties in the fund; +expanding the powers of the commissioner of the pollution control agency +relating to certain grant agreements and permit fees, providing for PCA +collection of certain hazardous waste fees and for transfer of certain amounts from+ the superfund, the solid waste and metropolitan landfill contingency +action funds and the dry cleaner environmental response and reimbursement account +to the remediation fund; repealing the superfund, the solid waste fund, +certain provisions providing for landfill cleanup funding shortfalls and +excess revenue adjustments and a certain expenditure notice requirement under the +metropolitan landfill contingency action fund ARTICLE 3 � PLANT PROTECTION AND EXPORT CERTIFICATION Authorizing and providing for the commissioner of agriculture to +regulate the introduction or establishment of plant pests threatening +agricultural, forest, or horticultural interests or the general ecological quality of the +state; specifying certain powers and duties of the commissioner; providing for commissioner +establishment of quarantine restrictions; requiring and providing for commissioner creation of a +tree care and trimming services registry for certain notice and communication +purposes relating to introduction of serious exotic forest pests into +noninfested areas; regulating the shipment of plant pests and biological control agents +into the state; requiring and providing for the commissioner to establish an +export certification program to ensure continued access to foreign and +domestic markets; requiring the commissioner to establish a program to prevent+ the introduction and spread of harmful plant pest and terrestrial +invasive species; providing for local pest control programs, for mosquito abatement +through establishment of mosquito abatement boards and for shade tree pest +and disease control ARTICLE 4 - NURSERY LAWEstablishing a state policy relating to the preservation and +protection of the plant industry; specifying certain powers and duties of the +commissioner of agriculture relating to the regulation and control of the sale and +distribution of nursery stock, authorizing rules; specifying certain nursery +certificate requirements; regulating certain fees; requiring and providing for +certain inspections; regulating the storage and shipment of nursery stock +into the state; specifying certain labeling and advertising restrictions; +providing for commissioner enforcement of the regulations; prohibiting conflicting +local regulations; establishing a nursery and phytosanitary account in the agricultural fund for administration and enforcement purposes; +providing for the conservation of certain wildflowers ARTICLE 5 - SEED LAWDefining or redefining certain terms under the Minnesota seed law; +providing for the regulation of wildflower seeds; modifying and expanding +certain labeling requirements; eliminating certain declaration requirements +from recordkeeping requirements; modifying and expanding certain unlawful +acts; eliminating certain penalties; establishing certain permit categories+ and removing the exemption from seed fee permit requirements for certain +low volume sellers; establishing permit fees and requiring the commissioner in consultation with the agricultural experiment station to develop a +standardized testing method for labelers for relative maturity determination of +hybrid seed corn, providing for the discontinuation of registration and testing +upon development of the standardized method; temporarily modifying +certain hybrid seed field corn variety registration requirements; repealing certain +powers and duties of the commissioner of agriculture ARTICLE 6 - INSPECTION AND ENFORCEMENTRequiring and providing for the commissioner of agriculture to +administer and enforce certain inspection and enforcement requirements; imposing +civil liability for certain violations; providing for commissioner +inspections, sampling and analysis, granting the commissioner certain property +entry rights; authorizing and providing for inspection requests by persons +suspecting certain violations, imposing inspection costs liability on violators; +providing for enforcement of certain regulations by the commissioner, county +attorneys and sheriffs; prohibiting false statements or records; authorizing and +providing for certain administrative remedies and providing for appeal of +commissioner orders; requiring the crediting of penalties, fees and cost +reimbursements to the appropriate plant protection, nursery and phytosanitary or seed +account; imposing civil or criminal penalties for certain violations ARTICLE 7 � CONFORMING CHANGES Repealing certain existing provisions providing for the control of +pests and shade tree disease and regulating the quarantine of noxious weeds ARTICLE 8 � ENVIRONMENT AND NATURAL RESOURCES AGENCY REORGANIZATIONProviding for the reorganization of state services relating to +protection of the environment and of farmland and the management of natural +resources to achieve certain goals and outcomes; requiring the governor to convene+ a task force for completion of a joint recommendation with the legislature +for submission to the governor and legislature by a certain date; +requiring and providing for the establishment of employee participation committees +within the affected agencies, specifying certain duties relating to +implementation of the reorganization; abolishing the department of natural resources (DNR),+ the board of water and soil resources (BOWSR), the office of environmental +assistance (OEA), the pollution control agency (PCA) and the environmental +quality (EQB) and the petroleum tank release and agricultural chemical response +compensation boards and certain powers and duties of the departments of +agriculture, health, trade and economic development (DTED), commerce and transportation +(DOT); requiring the commissioner of finance to include in the proposed +budget for fiscal year 2005 an amount to cover the functions performed and +services provided by the abolished agencies or functions, specifying certain +amount and budget plan content requirements and restrictions ARTICLE 9 � APPROPRIATIONS, ECONOMIC DEVELOPMENTAppropriating money to the commissioner of trade and economic +development for Minnesota investment fund and rural policy and development center +grants, for the Minnesota trade office, for the job skills partnership and +pathways programs, for grants to lifetrack resources for immigrant/refugee +collaborative programs, to Twin Cities rise for the training of hard to train +individuals, to the metropolitan economic development association for continuing +minority business development programs in the metropolitan area and to +WomenVenture for women's business development programs and for the office of tourism +for marketing activities and to the Minnesota film board, to Minnesota +Technology, Inc. for a grant to Minnesota project innovation, to the commissioner+ of economic security for displaced homemaker programs, for opportunities industrialization center programs, for youth intervention, summer +youth and youthbuild programs, for university of Minnesota northeast Minnesota+ workforce surveys, for rehabilitation services for persons with disabilities +and for state services for the blind, to the housing finance agency (HFA) for+ the challenge program, for rental assistance for persons with mental +illness, for family homeless prevention and assistance, for home ownership +education, counseling and training, for the housing trust fund, for the +affordable rental investment fund program for Indian housing programs, for nonprofit +capacity building grants, for the housing rehabilitation and accessibility +program and for the home ownership assistance fund, to the commissioner of +children, families and learning for transitional housing and emergency services+ grants, to the commissioner of labor and industry for workers compensation +and workplace services, to the bureau of mediation services for labor +management cooperation grants, to the workers compensation court of appeals, to +the Minnesota historical society for education and outreach, for +preservation and access, for the Minnesota international center, for the air national +guard and military museums, for the institute for learning and teaching project+ 120 and for farmamerica, to the arts board, to the Minnesota humanities +commission and to the commissioner of commerce for programs to improve energy +efficiency in low income housing; transferring the responsibilities of the Indian +affairs council in administering the Indian business loan program to DTED; +requiring or authorizing certain fund transfers, providing for the continuation of+ certain appropriations and cancelling certain prior appropriations to DTED, +to the public facilities authority and to the commissioner of finance; +increasing the amount to be transferred from the special compensation fund to the +general fund; approving and appropriating certain federal funds; requiring +the commissioner of commerce to review and report to the legislature on +the impacts of the general agreement on trade and services (GATS); authorizing +the commissioner of labor and industry to impose a surcharge on boiler +inspection and license fees; repealing the tourism loan programARTICLE 10 � DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT POLICY +PROVISIONSIncreasing the amount allowed to be spent by the DTED commissioner for contamination cleanup grants; expanding the+ mission of the department to the improvement of the quality of existing jobs +and the purposes of certain business development loan programs to job +enhancement, defining job enhancement; modifying the challenge grant program, +requiring the use of projects supported through the program principally to benefit +low income persons; modifying certain provisions regulating the award of +contamination cleanup grants; modifying the definition of Indian for loan making +purposes; increasing the limit on Minnesota investment fund grants, requiring +the crediting of loan repayments to the Minnesota investment revolving +loan account and authorizing commissioner delay of loan payments under certain +financial difficulty conditions; providing for job training program grants; +modifying certain rural rehabilitation revolving account administration +requirements, restricting the withdrawal of funds for administrative purposes; +clarifying the purposes of the job skills partnership program and authorizing the +partnership to provide vouchers for certain low income individuals, authorizing +the use of a certain percentage of the grant for preemployment training and +eliminating the annual reporting requirement of the job skills partnership board +under the pathways program; modifying the definition of low income area under +the urban initiative board; requiring the commissioner to analyze and report to+ the legislature on impacts of the north American free trade agreement +(NAFTA) and the pending expansion in south and central America under the pending +free trade areas of the Americas (FTAA); requiring the governor's workforce +development council to study workforce services areas for efficiency or quality +delivery improvement determination purposes; requiring the commissioner to +develop recommendations for legislative changes to improve the efficiency of +the dislocated worker program; repealing the definition of local +government unit under certain development provisions, certain provisions providing +for microenterprise and local government unit loans, certain regional +cooperation requirements under the challenge grant program, Advantage Minnesota, +Inc., the Minnesota world trade center and a certain provision requiring the +commissioner to provide office space and staff to the job skills partnership board ARTICLE 11 � DEPARTMENT OF ECONOMIC SECURITY POLICY PROVISIONS Prohibiting the commissioner of administration from issuing a +reorganization order affecting the department of economic security; authorizing the rehabilitation council for the blind, the state rehabilitation +council and the statewide independent living council to conduct meetings of members +by telephone or other electronic means under certain conditions; +modifying the formula for determination by the commissioner of economic security of+ the assessment on employers for the workforce development fund; +increasing the marriage license fee to fund the displaced homemaker program and the+ workforce enhancement fee for deposit in the workforce development fund; +repealing the elimination of the department ARTICLE 12 � DEPARTMENT OF LABOR AND INDUSTRY POLICY PROVISIONSModifying certain workers compensation medical fee review procedures,+ requiring the commissioner of labor and industry in updating conversion factors+ to set payment rates for physical medicine and rehabilitation and +chiropractic procedure codes for physical medicine and rehabilitation and +chiropractic services without applying scaling factors and to convene a working +group to study issues relating to the medical cost drivers of the workers +compensation program for excessive costs and adequate access to health care +providers determination purposes and to report findings and recommendations to +the workers compensation advisory council by a certain date, requiring a +subsequent council report to the legislature ARTICLE 13 � PETROFUNDExpanding the definition of tank under the petroleum tank release +cleanup act to tanks used for storage or transport of petroleum and eliminating the exclusion of mobile +storage tanks from the definition; expanding authorized petroleum tank fund +expenditures to assessment and removal of abandoned underground storage tanks; +authorizing the petroleum tank release compensation board reimbursement of certain +costs associated with releases from tanks in transport and changing the +right of applicants for reimbursement from the fund to assign the +reimbursement to certain lenders to the right to request the board to issue a +multiparty check including the lender; defining natural disaster area and authorizing +the board to reimburse applicants for a certain percentage of prenatural +disaster estimated building market value under certain conditions; defining +abandoned underground storage tank and authorizing the board to contract for +statewide assessment, removal and disposal; authorizing the board to deny +corrective action services consultant or contractor registrations or requests +for renewal under certain conditions; expanding the list of sections to be +repealed and delaying the date of repeal ARTICLE 14 � VAPOR RECOVERYRequiring by a certain date certain vapor recovery equipment on +underground storage tanks at locations selling gasoline at retail in the +metropolitan area and on transport delivery vehicles delivering gasoline to the +locations, specifying certain equipment certification requirements and +preempting local or other state agency regulations; requiring and providing for petroleum+ tank release compensation board reimbursement of a certain percentage of +the costs of retrofits for compliance purposes, limits; authorizing the +pollution control agency (PCA) to issue field citations for failure to install or use +the required equipment during the transfer of gasoline from transport +delivery vehicles to underground storage tanks and setting the penalty amount ARTICLE 15 � IRON RANGE RESOURCES AND REHABILITATION Authorizing the commissioner of iron range resources and +rehabilitation in consultation with the commissioner of employee relations (DOER) to +offer a targeted early separation program for certain employees; requiring +the IRRR commissioner to establish the eligibility requirements and +authorizing designation of specific programs or employees; acceptance of offer to+ be voluntary; cost to be paid from funds available to the commissioner, +requiring IRRRB approval of expenditures; exempting board payment of health, +medical and dental insurance premiums for former employees granted an incentive +from certain benefit limits under the public employment labor relations +act (PELRA) ARTICLE 16 � CENTRAL IRON RANGE SANITARY SEWER DISTRICTModifying certain provisions governing the central iron range +sanitary sewer district; making certain technical corrections relating to +participation by the city of Kinney; requiring a certain percentage vote of the board to +acquire or dispose of real or personal property, to issue obligations, to impose+ tax levies or special assessments, to use the disposal system, to enter +into service contracts or in allocating costs; eliminating certain +restrictions on the comprehensive plan and certain assessment requirements; providing+ for removal of areas from the district; delaying the deadline for board +adoption of the initial budget (mk, ja)