1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, agricultural, 
  1.4             economic development, and housing purposes; 
  1.5             establishing and modifying certain programs; providing 
  1.6             for regulation of certain activities and practices; 
  1.7             providing for accounts, assessments, and fees; 
  1.8             amending Minnesota Statutes 2002, sections 16A.531, 
  1.9             subdivision 1, by adding a subdivision; 16B.37, 
  1.10            subdivision 1; 17.101, subdivision 1; 17.451; 17.452, 
  1.11            subdivisions 8, 10, 11, 12, 13, by adding 
  1.12            subdivisions; 17.4988; 21.81, subdivision 8, by adding 
  1.13            subdivisions; 21.82; 21.83, subdivision 2; 21.84; 
  1.14            21.85, subdivisions 11, 13; 21.86; 21.88; 21.89, 
  1.15            subdivisions 2, 4; 21.90, subdivisions 2, 3; 21.901; 
  1.16            28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09, 
  1.17            subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.155; 
  1.18            41A.036, subdivision 2; 41A.09, subdivisions 3a, 5a, 
  1.19            by adding a subdivision; 84.027, subdivision 13; 
  1.20            84.029, subdivision 1; 84.085, subdivision 1; 84.091, 
  1.21            subdivisions 2, 3; 84.0911; 84.788, subdivision 3; 
  1.22            84.798, subdivision 3; 84.922, subdivision 2; 84A.02; 
  1.23            84A.21; 84A.32, subdivision 1; 84A.55, subdivision 8; 
  1.24            84D.14; 85.04; 85.052, subdivision 3; 85.053, 
  1.25            subdivision 1; 85A.02, subdivision 17; 86B.415, 
  1.26            subdivision 8; 86B.870, subdivision 1; 97A.045, 
  1.27            subdivision 7, by adding a subdivision; 97A.071, 
  1.28            subdivision 2; 97A.075, subdivisions 1, 2, 4, by 
  1.29            adding a subdivision; 97A.105, subdivision 1; 97A.401, 
  1.30            subdivision 3; 97A.441 by adding subdivisions; 
  1.31            97A.475, subdivisions 2, 4, 5, 10, 15, 26, 27, 28, 29, 
  1.32            30, 38, 39, 40, 42, by adding a subdivision; 97A.485, 
  1.33            subdivision 6; 97A.505, by adding subdivisions; 
  1.34            97B.311; 103B.231, subdivision 3a; 103B.305, 
  1.35            subdivision 3, by adding subdivisions; 103B.311, 
  1.36            subdivisions 1, 2, 3, 4; 103B.315, subdivisions 4, 5, 
  1.37            6; 103B.321, subdivisions 1, 2; 103B.325, subdivision 
  1.38            1; 103B.331, subdivisions 1, 2, 3; 103B.3363, 
  1.39            subdivision 3; 103B.3369, subdivisions 2, 4, 5, 6; 
  1.40            103B.355; 103D.405, subdivision 2; 103G.005, 
  1.41            subdivision 10e; 103G.2242, by adding subdivisions; 
  1.42            103G.271, subdivisions 6, 6a; 103G.611, subdivision 1; 
  1.43            103G.615, subdivision 2; 115.01, by adding a 
  1.44            subdivision; 115.03, by adding subdivisions; 115.073; 
  1.45            115.55, subdivision 1, by adding a subdivision; 
  1.46            115.56, subdivisions 2, 4; 115.72, by adding a 
  2.1             subdivision; 115A.0716, subdivision 3; 115A.54, by 
  2.2             adding a subdivision; 115A.908, subdivision 2; 
  2.3             115A.919, subdivision 1; 115A.9651, subdivision 6; 
  2.4             115B.17, subdivisions 6, 7, 14, 16; 115B.19; 115B.20; 
  2.5             115B.22, subdivision 7; 115B.25, subdivisions 1a, 4; 
  2.6             115B.26; 115B.30; 115B.31, subdivisions 1, 3, 4; 
  2.7             115B.32, subdivision 1; 115B.33, subdivision 1; 
  2.8             115B.34; 115B.36; 115B.40, subdivision 4; 115B.41, 
  2.9             subdivisions 1, 2, 3; 115B.42, subdivision 2; 
  2.10            115B.421; 115B.445; 115B.48, subdivision 2; 115B.49, 
  2.11            subdivisions 1, 3; 115C.02, subdivision 14; 115C.08, 
  2.12            subdivision 4; 115C.09, subdivision 3, by adding 
  2.13            subdivisions; 115C.11, subdivision 1; 115C.13; 
  2.14            115D.12, subdivision 2; 116.03, subdivision 2; 116.07, 
  2.15            subdivisions 4d, 4h; 116.073, subdivisions 1, 2; 
  2.16            116.23; 116.46, by adding subdivisions; 116.49, by 
  2.17            adding subdivisions; 116.50; 116.994; 116C.834, 
  2.18            subdivision 1; 116J.011; 116J.411, by adding a 
  2.19            subdivision; 116J.415, subdivisions 1, 2, 4, 5, 7, 11; 
  2.20            116J.553, subdivision 2; 116J.554, subdivision 2; 
  2.21            116J.64, subdivision 2; 116J.8731, subdivisions 1, 4, 
  2.22            5, 7; 116J.955, subdivision 2; 116J.966, subdivision 
  2.23            1; 116J.994, subdivision 4; 116J.995; 116L.02; 
  2.24            116L.04, subdivisions 1, 1a; 116M.14, subdivision 14; 
  2.25            116P.09, subdivision 5; 116P.13, subdivision 1; 
  2.26            116P.14, subdivision 1; 176.136, subdivision 1a; 
  2.27            216C.41, subdivision 1; 248.10; 268.022, subdivision 
  2.28            1; 268A.02, by adding a subdivision; 273.13, 
  2.29            subdivision 23; 297A.94; 297F.10, subdivision 1; 
  2.30            297H.13, subdivisions 1, 2; 325E.10, subdivision 1; 
  2.31            327.23, subdivision 1; 469.175, subdivision 7; 
  2.32            473.843, subdivision 2; 473.844, subdivision 1; 
  2.33            473.845, subdivisions 1, 3, 7, 8; 473.846; 500.221, 
  2.34            subdivision 2; 517.08, subdivisions 1b, 1c; Laws 2001, 
  2.35            First Special Session chapter 4, article 2, section 
  2.36            31; Laws 2002, chapter 220, article 13, section 9, 
  2.37            subdivision 2, as amended; Laws 2002, chapter 382, 
  2.38            article 2, section 1, subdivision 2; Laws 2002, 
  2.39            chapter 382, article 2, section 1, subdivision 5; Laws 
  2.40            2002, chapter 382, article 2, section 2, subdivisions 
  2.41            1, 2; Laws 2002, chapter 382, article 2, section 3, 
  2.42            subdivision 4; Laws 2002, chapter 382, article 2, 
  2.43            section 4, subdivision 6; Laws 2002, chapter 382, 
  2.44            article 2, section 4, subdivision 8; Laws 2002, 
  2.45            chapter 382, article 2, section 4, subdivision 10; 
  2.46            Laws 2002, chapter 382, article 2, section 5, 
  2.47            subdivision 1; Laws 2002, chapter 382, article 2, 
  2.48            section 5, by adding a subdivision; Laws 2002, chapter 
  2.49            382, article 2, section 6; Laws 2002, chapter 382, 
  2.50            article 2, section 8, subdivision 3; Laws 2002, 
  2.51            chapter 382, article 2, section 9; Laws 2002, chapter 
  2.52            382, article 2, section 10, subdivision 2; Laws 2002, 
  2.53            chapter 382, article 2, section 11; Laws 2002, chapter 
  2.54            382, article 2, section 12, subdivision 5; Laws 2002, 
  2.55            chapter 382, article 2, section 13, subdivision 3; 
  2.56            Laws 2002, chapter 382, article 2, section 16; 
  2.57            proposing coding for new law in Minnesota Statutes, 
  2.58            chapters 18G; 18H; 18J; 21; 84; 103B; 115; 115A; 115C; 
  2.59            116; 116J; 354B; repealing Minnesota Statutes 2002, 
  2.60            sections 1.31; 1.32; 18B.05, subdivision 2; 135.598, 
  2.61            subdivision 2; 17.23; 18.012; 18.021; 18.022; 18.0223; 
  2.62            18.0225; 18.0227; 18.0228; 18.0229; 18.023; 18.024; 
  2.63            18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 
  2.64            18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 
  2.65            18.161; 18.331; 18.332; 18.333; 18.334; 18.335; 18.44; 
  2.66            18.45; 18.46; 18.47; 18.48; 18.49; 18.50; 18.51; 
  2.67            18.52; 18.525; 18.53; 18.54; 18.55; 18.56; 18.57; 
  2.68            18.59; 18.60; 18.61; 18.85; 21.85, subdivisions 1, 3, 
  2.69            4, 5, 6, 7, 8, 9; 21.90; 37.26; 41A.09, subdivisions 
  2.70            1, 6, 7, 8; 84.0887; 84.98; 84.99; 89.391; 103B.311, 
  2.71            subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2, 3, 
  3.1             7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 
  3.2             115B.02, subdivision 1a; 115B.42, subdivision 1; 
  3.3             116J.411, subdivision 3; 116J.415, subdivisions 6, 9, 
  3.4             10; 116J.617; 116J.693; 116J.9665; 116L.03, 
  3.5             subdivision 7; 297H.13, subdivisions 3, 4; 473.845, 
  3.6             subdivision 4; Laws 2001, First Special Session 
  3.7             chapter 4, article 3, section 1; Laws 2001, First 
  3.8             Special Session chapter 4, article 3, section 2, 
  3.9             subdivision 1; Laws 2002, chapter 220, article 12, 
  3.10            section 13; Laws 2002, chapter 220, article 12, 
  3.11            section 14; Laws 2002, chapter 220, article 12, 
  3.12            section 16; Minnesota Rules, parts 1510.0281; 
  3.13            9300.0010; 9300.0020; 9300.0030; 9300.0040; 9300.0050; 
  3.14            9300.0060; 9300.0070; 9300.0080; 9300.0090; 9300.0100; 
  3.15            9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150; 
  3.16            9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200; 
  3.17            9300.0210. 
  3.18  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.19                             ARTICLE 1 
  3.20                              GENERAL 
  3.21  Section 1.  [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 
  3.22  APPROPRIATIONS.] 
  3.23     The sums shown in the columns marked "APPROPRIATIONS" are 
  3.24  appropriated from the general fund, or another named fund, to 
  3.25  the agencies and for the purposes specified in this act, to be 
  3.26  available for the fiscal years indicated for each purpose.  The 
  3.27  figures "2004" and "2005," where used in this act, mean that the 
  3.28  appropriation or appropriations listed under them are available 
  3.29  for the year ending June 30, 2004, or June 30, 2005, 
  3.30  respectively.  The term "the first year" means the year ending 
  3.31  June 30, 2004, and the term "the second year" means the year 
  3.32  ending June 30, 2005. 
  3.33                          SUMMARY BY FUND
  3.34                            2004          2005           TOTAL
  3.35  General            $  196,208,000 $  194,170,000 $  390,378,000
  3.36  State Government
  3.37  Special Revenue            48,000         48,000         96,000
  3.38  Agricultural              200,000        200,000        400,000
  3.39  Environmental          37,079,000     37,079,000     74,158,000
  3.40  Natural  
  3.41  Resources              48,286,000     47,346,000     95,632,000
  3.42  Game and Fish          82,350,000     82,292,000    164,642,000
  3.43  Remediation            11,857,000     11,857,000     23,714,000
  3.44  Land and Water
  3.45  Conservation Account    2,000,000        -0-          2,000,000
  4.1   Great Lakes
  4.2   Protection Account         56,000        -0-             56,000
  4.3   Environment and
  4.4   Natural Resources Trust
  4.5   Fund                   15,050,000     15,050,000     30,100,000
  4.6   Oil Overcharge            519,000        -0-            519,000
  4.7   Total                 393,653,000    388,042,000    781,695,000
  4.8                                                APPROPRIATIONS
  4.9                                             Available for the Year 
  4.10                                                Ending June 30 
  4.11                                            2004         2005 
  4.12  Sec. 2.  POLLUTION CONTROL AGENCY
  4.13  Subdivision 1.  Total  
  4.14  Appropriation                     $   53,192,000 $   53,192,000 
  4.15                Summary by Fund
  4.16  General              14,715,000    14,715,000
  4.17  State Government   
  4.18  Special Revenue          48,000        48,000
  4.19  Environmental        27,025,000    27,025,000
  4.20  Remediation          11,404,000    11,404,000
  4.21  The amounts that may be spent from this 
  4.22  appropriation for each program are 
  4.23  specified in the following subdivisions.
  4.24  Subd. 2.  Water
  4.25      19,456,000     19,456,000
  4.26                Summary by Fund
  4.27  General              10,467,000    10,467,000
  4.28  State Government
  4.29  Special Revenue          48,000        48,000
  4.30  Environmental         8,941,000     8,941,000
  4.31  $2,348,000 the first year and 
  4.32  $2,348,000 the second year are for the 
  4.33  clean water partnership program.  Any 
  4.34  balance remaining in the first year 
  4.35  does not cancel and is available for 
  4.36  the second year of the biennium. 
  4.37  Up to $2,324,000 the first year and up 
  4.38  to $2,324,000 the second year are for 
  4.39  grants for county administration of the 
  4.40  feedlot permit program.  Grants must be 
  4.41  matched with a combination of local 
  4.42  cash and/or in-kind contributions. 
  4.43  Counties receiving these grants shall 
  4.44  submit an annual report to the 
  4.45  pollution control agency regarding 
  4.46  activities conducted under the grant, 
  4.47  expenditures made, and local match 
  4.48  contributions.  Funding shall be given 
  4.49  to counties that have requested and 
  4.50  received delegation from the pollution 
  4.51  control agency for processing of animal 
  5.1   feedlot permit applications under 
  5.2   Minnesota Statutes, section 116.07, 
  5.3   subdivision 7.  The first year, 
  5.4   delegated counties shall be eligible to 
  5.5   receive an amount of either: 
  5.6   (1) $50 multiplied by the number of 
  5.7   feedlots with greater than ten animal 
  5.8   units as reported by the county in 
  5.9   their annual report for registration 
  5.10  data developed in accordance to 
  5.11  Minnesota Rules, part 7020.0350, or 
  5.12  Minnesota Statutes, section 116.072; or 
  5.13  (2) $80 multiplied by the number of 
  5.14  feedlots with greater than ten animal 
  5.15  units as reported by the county in 
  5.16  their annual report and determined by a 
  5.17  level 2 or level 3 feedlot inventory 
  5.18  conducted in accordance with the 
  5.19  "Feedlot Inventory Guidebook" published 
  5.20  by the board of water and soil 
  5.21  resources, dated June 1991.  
  5.22  The second year, delegated counties 
  5.23  shall be eligible to receive an amount 
  5.24  of either: 
  5.25  (1) $50 multiplied by the number of 
  5.26  feedlots with greater than ten animal 
  5.27  units as reported to the agency under 
  5.28  the terms of aggregate reporting as 
  5.29  defined in Minnesota Statutes, section 
  5.30  116.0712; or 
  5.31  (2) $80 multiplied by the number of 
  5.32  feedlots with greater than ten animal 
  5.33  units based on the agency's statewide 
  5.34  database for registration in accordance 
  5.35  with Minnesota Rules, part 7020.0350.  
  5.36  By June 30, 2004, the agency, in 
  5.37  consultation with delegated counties, 
  5.38  shall develop a new funding formula 
  5.39  incorporating the following criteria at 
  5.40  a minimum: 
  5.41  (i) fee multiplier per feedlot as 
  5.42  defined by the state registration 
  5.43  program (greater than 50 animal units 
  5.44  in nonshoreland areas, and ten to 50 
  5.45  animal units in shoreland areas); 
  5.46  (ii) use of the state database for 
  5.47  determination of the feedlots in item 
  5.48  (i); and 
  5.49  (iii) incentive-based payments for 
  5.50  counties exceeding minimum program 
  5.51  requirements based on program 
  5.52  priorities. 
  5.53  To be eligible for a grant, a county 
  5.54  must be delegated by December 31 of the 
  5.55  year prior to the year in which awards 
  5.56  are distributed.  At a minimum, 
  5.57  delegated counties are eligible to 
  5.58  receive a grant of $7,500 per year.  To 
  5.59  receive the award, the county must 
  5.60  receive approval by the pollution 
  5.61  control agency of the county feedlot 
  5.62  work plan and annual county feedlot 
  6.1   officer report.  Feedlots that have 
  6.2   been inactive for five or more years 
  6.3   may not be counted in determining the 
  6.4   amount of the grant. 
  6.5   Any money remaining after the first 
  6.6   year is available for the second year.  
  6.7   Any money remaining in either year is 
  6.8   available for distribution to all 
  6.9   counties on a competitive basis through 
  6.10  the challenge grant process for the 
  6.11  development of delegated county feedlot 
  6.12  programs or to enhance existing 
  6.13  delegated county feedlot programs, 
  6.14  information and education, or technical 
  6.15  assistance efforts to reduce 
  6.16  feedlot-related pollution hazards. 
  6.17  $335,000 the first year and $335,000 
  6.18  the second year are for community 
  6.19  technical assistance and education, 
  6.20  including grants and technical 
  6.21  assistance to communities for local and 
  6.22  basinwide water quality protection. 
  6.23  $405,000 the first year and $405,000 
  6.24  the second year are for individual 
  6.25  sewage treatment system (ISTS) 
  6.26  administration and/or grants.  Of this 
  6.27  amount, $86,000 in each year is for 
  6.28  assistance to local units of government 
  6.29  through competitive grant programs for 
  6.30  ISTS program development.  Any 
  6.31  unexpended balance in the first year 
  6.32  does not cancel but is available in the 
  6.33  second year. 
  6.34  $480,000 the first year and $480,000 
  6.35  the second year are from the 
  6.36  environmental fund to address the need 
  6.37  for increased activity in the areas of 
  6.38  new technology review, technical 
  6.39  assistance for local governments, 
  6.40  training individual sewage treatment 
  6.41  system professionals, program planning, 
  6.42  and enforcement under Minnesota 
  6.43  Statutes, sections 115.55 to 115.58, 
  6.44  and to complete the requirements of 
  6.45  sections 148 and 149. 
  6.46  By February 1, 2004, the commissioner 
  6.47  shall report to the environment and 
  6.48  natural resources finance committees of 
  6.49  the house and senate on the status of 
  6.50  discussions with stakeholders on 
  6.51  strategies to implement the impaired 
  6.52  waters program and any specific 
  6.53  recommendations on funding options to 
  6.54  address the needs documented in the 
  6.55  agency's report to the legislature, 
  6.56  "Minnesota's Impaired Waters," dated 
  6.57  March 2003. 
  6.58  Notwithstanding Minnesota Statutes, 
  6.59  section 16A.28, the appropriations 
  6.60  encumbered under contract on or before 
  6.61  June 30, 2005, for clean water 
  6.62  partnership, ISTS, Minnesota River, and 
  6.63  local and basinwide water quality 
  6.64  protection grants in this subdivision 
  6.65  are available until June 30, 2007.  
  7.1   Subd. 3.  Air
  7.2        8,770,000      8,765,000
  7.3                 Summary by Fund
  7.4   Environmental         8,770,000     8,765,000
  7.5   Up to $150,000 the first year and 
  7.6   $150,000 the second year may be 
  7.7   transferred to the environmental fund 
  7.8   for the small business environmental 
  7.9   improvement loan program established in 
  7.10  Minnesota Statutes, section 116.993. 
  7.11  $200,000 the first year and $200,000 
  7.12  the second year are from the 
  7.13  environmental fund for a monitoring 
  7.14  program under Minnesota Statutes, 
  7.15  section 116.454. 
  7.16  $125,000 the first year and $125,000 
  7.17  the second year are from the 
  7.18  environmental fund for monitoring 
  7.19  ambient air for hazardous pollutants in 
  7.20  the metropolitan area.  
  7.21  Subd. 4.  Land
  7.22      18,682,000     18,682,000
  7.23                Summary by Fund
  7.24  Environmental         7,278,000     7,278,000
  7.25  Remediation          11,404,000    11,404,000
  7.26  All money for environmental response, 
  7.27  compensation, and compliance in the 
  7.28  remediation fund not otherwise 
  7.29  appropriated is appropriated to the 
  7.30  commissioners of the pollution control 
  7.31  agency and the department of 
  7.32  agriculture for purposes of Minnesota 
  7.33  Statutes, section 115B.20, subdivision 
  7.34  2, clauses (1), (2), (3), (4), (10), 
  7.35  (11), and (12).  At the beginning of 
  7.36  each fiscal year, the two commissioners 
  7.37  shall jointly submit an annual spending 
  7.38  plan to the commissioner of finance 
  7.39  that maximizes the utilization of 
  7.40  resources and appropriately allocates 
  7.41  the money between the two agencies.  
  7.42  This appropriation is available until 
  7.43  June 30, 2005. 
  7.44  $574,000 the first year and $574,000 
  7.45  the second year are from the petroleum 
  7.46  tank fund to be transferred to the 
  7.47  remediation fund for purposes of the 
  7.48  leaking underground storage tank 
  7.49  program to protect the land. 
  7.50  $200,000 the first year and $200,000 
  7.51  the second year are from the 
  7.52  remediation fund to be transferred to 
  7.53  the department of health for private 
  7.54  water supply monitoring and health 
  7.55  assessment costs in areas contaminated 
  7.56  by unpermitted mixed municipal solid 
  7.57  waste disposal facilities. 
  8.1   Notwithstanding Minnesota Statutes, 
  8.2   section 115B.42, after July 1, 2003, 
  8.3   and before June 30, 2005, the 
  8.4   commissioner of finance shall transfer 
  8.5   $1,370,000 from the environmental fund 
  8.6   to the debt service fund. 
  8.7   Subd. 5.  Multimedia
  8.8        4,301,000      4,306,000
  8.9                 Summary by Fund
  8.10  General               2,265,000     2,265,000
  8.11  Environmental         2,036,000     2,041,000
  8.12  Subd. 6.  Administrative Support
  8.13       1,983,000      1,983,000
  8.14  Sec. 3.  OFFICE OF ENVIRONMENTAL
  8.15  ASSISTANCE                            23,854,000     23,854,000
  8.16                Summary by Fund
  8.17  General              13,800,000    13,800,000
  8.18  Environmental        10,054,000    10,054,000
  8.19  $12,100,000 each year is for SCORE 
  8.20  block grants to counties.  Any 
  8.21  unencumbered grant and loan balances in 
  8.22  the first year do not cancel but are 
  8.23  available for grants and loans in the 
  8.24  second year.  Of this amount, 
  8.25  $3,000,000 each year is from the 
  8.26  environmental fund and $9,100,000 each 
  8.27  year is from the general fund. 
  8.28  All money deposited in the 
  8.29  environmental fund for the metropolitan 
  8.30  solid waste landfill fee in accordance 
  8.31  with Minnesota Statutes, section 
  8.32  473.843, and not otherwise 
  8.33  appropriated, is appropriated to the 
  8.34  office of environmental assistance for 
  8.35  the purposes of Minnesota Statutes, 
  8.36  section 473.844. 
  8.37  $119,000 the first year and $119,000 
  8.38  the second year are for environmental 
  8.39  assistance grants or loans under 
  8.40  Minnesota Statutes, section 115A.0716. 
  8.41  $4,500,000 the first year and 
  8.42  $4,500,000 the second year are from the 
  8.43  environmental fund for mixed municipal 
  8.44  solid waste processing payments under 
  8.45  Minnesota Statutes, section 115A.545. 
  8.46  Notwithstanding Minnesota Statutes, 
  8.47  section 16A.28, the appropriations 
  8.48  encumbered under contract during the 
  8.49  2004-2005 biennium for environmental 
  8.50  assistance grants awarded under 
  8.51  Minnesota Statutes, section 115A.0716, 
  8.52  technical and research assistance under 
  8.53  Minnesota Statutes, section 115A.152, 
  8.54  technical assistance under Minnesota 
  8.55  Statutes, section 115A.52, and 
  9.1   pollution prevention assistance under 
  9.2   Minnesota Statutes, section 115D.04, 
  9.3   are available until June 30, 2006. 
  9.4   Sec. 4.  ZOOLOGICAL BOARD              6,681,000      6,681,000 
  9.5                 Summary by Fund
  9.6   General               6,557,000     6,557,000
  9.7   Natural Resources       124,000       124,000
  9.8   $124,000 the first year and $124,000 
  9.9   the second year are from the natural 
  9.10  resources fund from the revenue 
  9.11  deposited under Minnesota Statutes, 
  9.12  section 297A.94, paragraph (e), clause 
  9.13  (5).  This is a onetime appropriation. 
  9.14  Sec. 5.  NATURAL RESOURCES
  9.15  Subdivision 1.  Total       
  9.16  Appropriation                        222,960,000    221,962,000 
  9.17                Summary by Fund
  9.18  General              92,838,000    92,838,000
  9.19  Natural Resources    47,672,000    46,732,000
  9.20  Game and Fish        82,350,000    82,292,000
  9.21  Remediation             100,000       100,000
  9.22  The amounts that may be spent from this 
  9.23  appropriation for each program are 
  9.24  specified in the following subdivisions.
  9.25  Subd. 2.  Land and Mineral Resources
  9.26  Management
  9.27       7,494,000      7,494,000 
  9.28                Summary by Fund
  9.29  General               6,451,000     6,451,000
  9.30  Natural Resources       156,000       156,000
  9.31  Game and Fish           887,000       887,000
  9.32  $275,000 the first year and $275,000 
  9.33  the second year are for iron ore 
  9.34  cooperative research, of which $137,500 
  9.35  the first year and $137,500 the second 
  9.36  year are available only as matched by 
  9.37  $1 of nonstate money for each $1 of 
  9.38  state money.  The match may be cash or 
  9.39  in-kind.  Any unencumbered balance 
  9.40  remaining in the first year does not 
  9.41  cancel but is available for the second 
  9.42  year. 
  9.43  $172,000 the first year and $172,000 
  9.44  the second year are for mineral 
  9.45  diversification. 
  9.46  $86,000 the first year and $86,000 the 
  9.47  second year are for minerals 
  9.48  cooperative environmental research, of 
  9.49  which $43,000 the first year and 
 10.1   $43,000 the second year are available 
 10.2   only as matched by $1 of nonstate money 
 10.3   for each $1 of state money.  The match 
 10.4   may be cash or in-kind.  Any 
 10.5   unencumbered balance remaining in the 
 10.6   first year does not cancel but is 
 10.7   available for the second year. 
 10.8   Subd. 3.  Water Resources Management
 10.9       11,031,000     11,031,000 
 10.10                Summary by Fund
 10.11  General              10,751,000    10,751,000
 10.12  Natural Resources       280,000       280,000
 10.13  $225,000 the first year and up to 
 10.14  $225,000 the second year are for grants 
 10.15  associated with the implementation of 
 10.16  the Red River mediation agreement. 
 10.17  $130,000 the first year and $130,000 
 10.18  the second year are for a grant to the 
 10.19  Mississippi headwaters board for up to 
 10.20  50 percent of the cost of implementing 
 10.21  the comprehensive plan for the upper 
 10.22  Mississippi within areas under its 
 10.23  jurisdiction.  
 10.24  $10,000 the first year and $10,000 the 
 10.25  second year are for payment to the 
 10.26  Leech Lake Band of Chippewa Indians to 
 10.27  implement its portion of the 
 10.28  comprehensive plan for the upper 
 10.29  Mississippi.  
 10.30  $125,000 the first year and $125,000 
 10.31  the second year are for the 
 10.32  construction of ring dikes under 
 10.33  Minnesota Statutes, section 103F.161.  
 10.34  The ring dikes may be publicly or 
 10.35  privately owned.  Any unencumbered 
 10.36  balance does not cancel at the end of 
 10.37  the first year and is available for the 
 10.38  second year. 
 10.39  Subd. 4.  Forest Management  
 10.40      33,066,000     33,066,000 
 10.41                Summary by Fund
 10.42  General              32,824,000    32,824,000
 10.43  Game and Fish           242,000       242,000
 10.44  $7,650,000 the first year and 
 10.45  $7,650,000 the second year are for 
 10.46  prevention, presuppression, and 
 10.47  suppression costs of emergency 
 10.48  firefighting and other costs incurred 
 10.49  under Minnesota Statutes, section 
 10.50  88.12.  If the appropriation for either 
 10.51  year is insufficient to cover all costs 
 10.52  of presuppression and suppression, the 
 10.53  amount necessary to pay for these costs 
 10.54  during the biennium is appropriated 
 10.55  from the general fund.  By November 15 
 10.56  of each year, the commissioner of 
 11.1   natural resources shall submit a report 
 11.2   to the chairs of the house of 
 11.3   representatives ways and means 
 11.4   committee, the senate finance 
 11.5   committee, the environment and 
 11.6   agriculture budget division of the 
 11.7   senate finance committee, and the house 
 11.8   of representatives environment and 
 11.9   natural resources finance committee, 
 11.10  identifying all firefighting costs 
 11.11  incurred and reimbursements received in 
 11.12  the prior fiscal year.  The report must 
 11.13  be in a format agreed to by the house 
 11.14  environment finance committee chair, 
 11.15  the senate environment budget division 
 11.16  chair, the department, and the 
 11.17  department of finance.  These 
 11.18  appropriations may not be transferred.  
 11.19  Any reimbursement of firefighting 
 11.20  expenditures made to the commissioner 
 11.21  from any source other than federal 
 11.22  mobilizations shall be deposited into 
 11.23  the general fund. 
 11.24  $730,000 the first year and $730,000 
 11.25  the second year are for the forest 
 11.26  resources council for implementation of 
 11.27  the Sustainable Forest Resources Act. 
 11.28  $350,000 the first year and $350,000 
 11.29  the second year are for the FORIST 
 11.30  timber management information system 
 11.31  and for increased forestry management. 
 11.32  $242,000 the first year and $242,000 
 11.33  the second year are from the game and 
 11.34  fish fund to implement ecological 
 11.35  classification systems (ECS) standards 
 11.36  on forested landscapes.  This 
 11.37  appropriation is from revenue deposited 
 11.38  to the game and fish fund under 
 11.39  Minnesota Statutes, section 297A.94, 
 11.40  paragraph (e), clause (1). 
 11.41  Subd. 5.  Parks and Recreation
 11.42  Management
 11.43      36,736,000     36,736,000 
 11.44                Summary by Fund
 11.45  General              20,801,000    20,801,000
 11.46  Natural Resources    15,935,000    15,935,000
 11.47  $640,000 the first year and $640,000 
 11.48  the second year are from the water 
 11.49  recreation account in the natural 
 11.50  resources fund for state park 
 11.51  development projects. 
 11.52  $3,300,000 the first year and 
 11.53  $3,300,000 the second year are for a 
 11.54  grant to the metropolitan council for 
 11.55  metropolitan area regional parks 
 11.56  maintenance and operations. 
 11.57  $3,462,000 the first year and 
 11.58  $3,462,000 the second year are from the 
 11.59  natural resources fund for state park 
 11.60  and recreation area operations.  This 
 12.1   appropriation is from the revenue 
 12.2   deposited to the natural resources fund 
 12.3   under Minnesota Statutes, section 
 12.4   297A.94, paragraph (e), clause (2). 
 12.5   $4,152,000 the first year and 
 12.6   $4,152,000 the second year are from the 
 12.7   natural resources fund for a grant to 
 12.8   the metropolitan council for 
 12.9   metropolitan area regional parks and 
 12.10  trails maintenance and operations.  
 12.11  This appropriation is from the revenue 
 12.12  deposited to the natural resources fund 
 12.13  under Minnesota Statutes, section 
 12.14  297A.94, paragraph (e), clause (3). 
 12.15  $7,681,000 the first year and 
 12.16  $7,681,000 the second year are from the 
 12.17  state parks account in the natural 
 12.18  resources fund for state park and 
 12.19  recreation area operations. 
 12.20  $25,000 the first year and $25,000 the 
 12.21  second year are for a grant to the city 
 12.22  of Taylors Falls for fire and rescue 
 12.23  operations in support of Interstate 
 12.24  Park. 
 12.25  Subd. 6.  Trails and Waterways
 12.26  Management
 12.27      22,060,000     20,573,000 
 12.28                Summary by Fund
 12.29  General               1,234,000     1,234,000
 12.30  Natural Resources    18,655,000    17,655,000
 12.31  Game and Fish         2,171,000     1,684,000
 12.32  $5,724,000 the first year and 
 12.33  $5,724,000 the second year are from the 
 12.34  snowmobile trails and enforcement 
 12.35  account in the natural resources fund 
 12.36  for snowmobile grants-in-aid. 
 12.37  $261,000 the first year and $261,000 
 12.38  the second year are from the water 
 12.39  recreation account in the natural 
 12.40  resources fund for a safe harbor 
 12.41  program on Lake Superior. 
 12.42  $690,000 the first year and $690,000 
 12.43  the second year are from the natural 
 12.44  resources fund for state trail 
 12.45  operations.  This appropriation is from 
 12.46  the revenue deposited to the natural 
 12.47  resources fund under Minnesota 
 12.48  Statutes, section 297A.94, paragraph 
 12.49  (e), clause (2). 
 12.50  $553,000 the first year and $553,000 
 12.51  the second year are from the natural 
 12.52  resources fund for trail grants to 
 12.53  local units of government on land to be 
 12.54  maintained for at least 20 years for 
 12.55  the purposes of the grant.  This 
 12.56  appropriation is from the revenue 
 12.57  deposited to the natural resources fund 
 12.58  under Minnesota Statutes, section 
 13.1   297A.94, paragraph (e), clause (4). 
 13.2   $700,000 the first year is from the 
 13.3   water recreation account in the natural 
 13.4   resources fund for a cooperative 
 13.5   project with the U.S. Army Corps of 
 13.6   Engineers to develop the Mississippi 
 13.7   Whitewater Park.  Of this amount, 
 13.8   $525,000 is available to provide a 
 13.9   match for $975,000 of federal funds, in 
 13.10  a ratio of 65 percent federal to 35 
 13.11  percent state, for construction design 
 13.12  development.  $175,000 is available for 
 13.13  use by the department for project 
 13.14  management, including costs for the 
 13.15  project review team, real estate 
 13.16  acquisition, staff coordination of the 
 13.17  project, and legal services. 
 13.18  $300,000 is from the snowmobile trails 
 13.19  and enforcement account in the natural 
 13.20  resources fund to acquire permanent 
 13.21  easements for a snowmobile trail to 
 13.22  connect the Willard Munger State Trail 
 13.23  in Hermantown to the North Shore State 
 13.24  Trail in Duluth.  This appropriation is 
 13.25  available until expended. 
 13.26  The appropriation in Laws 2001, First 
 13.27  Special Session chapter 2, section 5, 
 13.28  subdivision 6, from the water 
 13.29  recreation account in the natural 
 13.30  resources fund for preconstruction, 
 13.31  acquisition, and staffing needs for the 
 13.32  Mississippi Whitewater Trail authorized 
 13.33  by Minnesota Statutes, section 85.0156, 
 13.34  is available until June 30, 2005. 
 13.35  Upon a showing of need, the 
 13.36  commissioner of natural resources may 
 13.37  use up to 50 percent of a snowmobile 
 13.38  maintenance and grooming grant under 
 13.39  Minnesota Statutes, section 84.83, that 
 13.40  was available as of December 31, 2002, 
 13.41  to reimburse the intended recipient for 
 13.42  expenses incurred in the purchase or 
 13.43  lease of snowmobile trail grooming 
 13.44  equipment to be used for grant-in-aid 
 13.45  trails.  The costs must be incurred 
 13.46  between July 1, 2002, and May 1, 2003, 
 13.47  and recipients must provide acceptable 
 13.48  documentation of the costs to the 
 13.49  commissioner.  All applications for 
 13.50  reimbursement under this section must 
 13.51  be received no later than September 1, 
 13.52  2003. 
 13.53  Subd. 7.  Fish Management
 13.54      28,979,000     29,010,000 
 13.55                Summary by Fund
 13.56  General                 455,000       455,000
 13.57  Natural Resources       197,000       197,000
 13.58  Game and Fish        28,327,000    28,358,000
 13.59  $402,000 the first year and $402,000 
 13.60  the second year are for resource 
 14.1   population surveys in the 1837 treaty 
 14.2   area.  Of this amount, $260,000 the 
 14.3   first year and $260,000 the second year 
 14.4   are from the game and fish fund. 
 14.5   $177,000 the first year and $177,000 
 14.6   the second year are for the reinvest in 
 14.7   Minnesota programs of game and fish, 
 14.8   critical habitat, and wetlands 
 14.9   established under Minnesota Statutes, 
 14.10  section 84.95, subdivision 2. 
 14.11  $1,030,000 the first year and 
 14.12  $1,030,000 the second year are from the 
 14.13  trout and salmon management account for 
 14.14  only the purposes specified in 
 14.15  Minnesota Statutes, section 97A.075, 
 14.16  subdivision 3. 
 14.17  $136,000 the first year and $136,000 
 14.18  the second year are available for 
 14.19  aquatic plant restoration. 
 14.20  $3,998,000 the first year and 
 14.21  $3,998,000 the second year are from the 
 14.22  heritage enhancement account in the 
 14.23  game and fish fund for only the 
 14.24  purposes specified in Minnesota 
 14.25  Statutes, section 297A.94, paragraph 
 14.26  (e), clause (1).  This appropriation is 
 14.27  from the revenue deposited to the game 
 14.28  and fish fund under Minnesota Statutes, 
 14.29  section 297A.94, paragraph (e), clause 
 14.30  (1). 
 14.31  Notwithstanding Minnesota Statutes, 
 14.32  section 16A.28, the appropriations 
 14.33  encumbered under contract on or before 
 14.34  June 30, 2005, for aquatic restoration 
 14.35  grants in this subdivision are 
 14.36  available until June 30, 2006. 
 14.37  Subd. 8.  Wildlife Management
 14.38      23,865,000     24,180,000 
 14.39                Summary by Fund
 14.40  General               1,416,000     1,416,000
 14.41  Game and Fish        22,449,000    22,764,000
 14.42  $565,000 the first year and $565,000 
 14.43  the second year are for the reinvest in 
 14.44  Minnesota programs of game and fish, 
 14.45  critical habitat, and wetlands 
 14.46  established under Minnesota Statutes, 
 14.47  section 84.95, subdivision 2. 
 14.48  $1,830,000 the first year and 
 14.49  $2,030,000 the second year are from the 
 14.50  wildlife acquisition surcharge account 
 14.51  for only the purposes specified in 
 14.52  Minnesota Statutes, section 97A.071, 
 14.53  subdivision 2a. 
 14.54  $1,269,000 the first year and 
 14.55  $1,269,000 the second year are from the 
 14.56  deer habitat improvement account for 
 14.57  only the purposes specified in 
 14.58  Minnesota Statutes, section 97A.075, 
 15.1   subdivision 1, paragraph (b). 
 15.2   $148,000 the first year and $148,000 
 15.3   the second year are from the deer and 
 15.4   bear management account for only the 
 15.5   purposes specified in Minnesota 
 15.6   Statutes, section 97A.075, subdivision 
 15.7   1, paragraph (c). 
 15.8   $808,000 the first year and $808,000 
 15.9   the second year are from the waterfowl 
 15.10  habitat improvement account for only 
 15.11  the purposes specified in Minnesota 
 15.12  Statutes, section 97A.075, subdivision 
 15.13  2. 
 15.14  $546,000 the first year and $546,000 
 15.15  the second year are from the pheasant 
 15.16  habitat improvement account for only 
 15.17  the purposes specified in Minnesota 
 15.18  Statutes, section 97A.075, subdivision 
 15.19  4.  
 15.20  $120,000 the first year and $120,000 
 15.21  the second year are from the wild 
 15.22  turkey management account for only the 
 15.23  purposes specified in Minnesota 
 15.24  Statutes, section 97A.075, subdivision 
 15.25  5.  Of this amount, $8,000 the first 
 15.26  year and $8,000 the second year are 
 15.27  appropriated from the game and fish 
 15.28  fund for transfer to the wild turkey 
 15.29  management account for purposes 
 15.30  specified in Minnesota Statutes, 
 15.31  section 97A.075, subdivision 5. 
 15.32  $2,560,000 the first year and 
 15.33  $2,560,000 the second year are from the 
 15.34  heritage enhancement account in the 
 15.35  game and fish fund for only the 
 15.36  purposes specified in Minnesota 
 15.37  Statutes, section 297A.94, paragraph 
 15.38  (e), clause (1).  If chronic wasting 
 15.39  disease (CWD) is found in the wild deer 
 15.40  herd, these appropriations may be used 
 15.41  for wildlife health management costs 
 15.42  related to fighting the spread of CWD.  
 15.43  This appropriation is from the revenue 
 15.44  deposited to the game and fish fund 
 15.45  under Minnesota Statutes, section 
 15.46  297A.94, paragraph (e), clause (1). 
 15.47  $13,000 the first year and $13,000 the 
 15.48  second year are to publicize the 
 15.49  critical habitat license plate match 
 15.50  program. 
 15.51  Notwithstanding Minnesota Statutes, 
 15.52  section 297A.94, the appropriations in 
 15.53  this subdivision may be used for public 
 15.54  land user facilities. 
 15.55  Notwithstanding Minnesota Statutes, 
 15.56  section 16A.28, the appropriations 
 15.57  encumbered under contract on or before 
 15.58  June 30, 2005, for wildlife habitat 
 15.59  grants in this subdivision are 
 15.60  available until June 30, 2006. 
 15.61  Subd. 9.  Ecological Services
 16.1        8,677,000      8,745,000 
 16.2                 Summary by Fund
 16.3   General               3,085,000     3,085,000
 16.4   Natural Resources     2,572,000     2,632,000
 16.5   Game and Fish         3,020,000     3,028,000
 16.6   $1,028,000 the first year and 
 16.7   $1,028,000 the second year are from the 
 16.8   nongame wildlife management account in 
 16.9   the natural resources fund for the 
 16.10  purpose of nongame wildlife management. 
 16.11  $224,000 the first year and $224,000 
 16.12  the second year are for population and 
 16.13  habitat objectives of the nongame 
 16.14  wildlife management program. 
 16.15  $477,000 the first year and $477,000 
 16.16  the second year are for the reinvest in 
 16.17  Minnesota programs of game and fish, 
 16.18  critical habitat, and wetlands 
 16.19  established under Minnesota Statutes, 
 16.20  section 84.95, subdivision 2. 
 16.21  $1,263,000 the first year and 
 16.22  $1,263,000 the second year are from the 
 16.23  heritage enhancement account in the 
 16.24  game and fish fund for only the 
 16.25  purposes specified in Minnesota 
 16.26  Statutes, section 297A.94, paragraph 
 16.27  (e), clause (1).  This appropriation is 
 16.28  from the revenue deposited to the game 
 16.29  and fish fund under Minnesota Statutes, 
 16.30  section 297A.94, paragraph (e), clause 
 16.31  (1). 
 16.32  Subd. 10.  Enforcement
 16.33      27,118,000     27,186,000 
 16.34                Summary by Fund
 16.35  General               3,987,000     3,987,000
 16.36  Natural Resources     5,861,000     5,861,000
 16.37  Game and Fish        17,170,000    17,238,000
 16.38  Remediation             100,000       100,000
 16.39  $1,082,000 the first year and 
 16.40  $1,082,000 the second year are from the 
 16.41  water recreation account in the natural 
 16.42  resources fund for grants to counties 
 16.43  for boat and water safety. 
 16.44  $100,000 the first year and $100,000 
 16.45  the second year are from the 
 16.46  remediation fund for solid waste 
 16.47  enforcement activities under Minnesota 
 16.48  Statutes, section 116.073. 
 16.49  $315,000 the first year and $315,000 
 16.50  the second year are from the snowmobile 
 16.51  trails and enforcement account in the 
 16.52  natural resources fund for grants to 
 16.53  local law enforcement agencies for 
 17.1   snowmobile enforcement activities. 
 17.2   $1,164,000 the first year and 
 17.3   $1,164,000 the second year are from the 
 17.4   heritage enhancement account in the 
 17.5   game and fish fund for only the 
 17.6   purposes specified in Minnesota 
 17.7   Statutes, section 297A.94, paragraph 
 17.8   (e), clause (1).  This appropriation is 
 17.9   from the revenue deposited to the game 
 17.10  and fish fund under Minnesota Statutes, 
 17.11  section 297A.94, paragraph (e), clause 
 17.12  (1). 
 17.13  Overtime shall be distributed to 
 17.14  conservation officers at historical 
 17.15  levels; however, a reasonable reduction 
 17.16  or addition may be made to the 
 17.17  officer's allocation, if justified, 
 17.18  based on an individual officer's 
 17.19  workload.  If funding for enforcement 
 17.20  is reduced because of an unallotment, 
 17.21  the overtime bank may be reduced in 
 17.22  proportion to reductions made in other 
 17.23  areas of the budget. 
 17.24  $130,000 the first year and $130,000 
 17.25  the second year are from the 
 17.26  all-terrain vehicle account in the 
 17.27  natural resources fund for 
 17.28  administration of the all-terrain 
 17.29  vehicle environmental and safety 
 17.30  education and training program under 
 17.31  Minnesota Statutes, section 84.925. 
 17.32  Subd. 11.  Operations Support
 17.33      23,934,000     23,941,000 
 17.34                Summary by Fund
 17.35  General              11,834,000    11,834,000
 17.36  Natural Resources     4,016,000     4,016,000
 17.37  Game and Fish         8,084,000     8,091,000
 17.38  $189,000 the first year and $189,000 
 17.39  the second year are for technical 
 17.40  assistance and grants to assist local 
 17.41  government units and organizations in 
 17.42  the metropolitan area to acquire and 
 17.43  develop natural areas and greenways. 
 17.44  $375,000 the first year and $375,000 
 17.45  the second year are for the community 
 17.46  assistance program to provide for 
 17.47  technical assistance and regional 
 17.48  resource enhancement grants. 
 17.49  $246,000 the first year and $246,000 
 17.50  the second year are from the natural 
 17.51  resources fund for grants to be divided 
 17.52  equally between the city of St. Paul 
 17.53  for Como Zoo and Conservatory and the 
 17.54  city of Duluth Zoo.  This appropriation 
 17.55  is from the revenue deposited to the 
 17.56  natural resources fund under Minnesota 
 17.57  Statutes, section 297A.94, paragraph 
 17.58  (e), clause (5). 
 18.1   Sec. 6.  MINNESOTA
 18.2   CONSERVATION CORPS                     1,200,000      1,200,000 
 18.3                 Summary by Fund
 18.4   General                 710,000       710,000
 18.5   Natural Resources       490,000       490,000
 18.6   Sec. 7.  BOARD OF WATER
 18.7   AND SOIL RESOURCES                    15,502,000     15,501,000 
 18.8   $4,102,000 the first year and 
 18.9   $4,102,000 the second year are for 
 18.10  natural resources block grants to local 
 18.11  governments. 
 18.12  The board shall reduce the amount of 
 18.13  the natural resources block grant to a 
 18.14  county by an amount equal to any 
 18.15  reduction in the county's general 
 18.16  services allocation to a soil and water 
 18.17  conservation district from the county's 
 18.18  previous year allocation. 
 18.19  Grants must be matched with a 
 18.20  combination of local cash or in-kind 
 18.21  contributions.  The base grant portion 
 18.22  related to water planning must be 
 18.23  matched by an amount that would be 
 18.24  raised by a levy under Minnesota 
 18.25  Statutes, section 103B.3369. 
 18.26  $3,566,000 the first year and 
 18.27  $3,566,000 the second year are for 
 18.28  grants to soil and water conservation 
 18.29  districts for general purposes, 
 18.30  nonpoint engineering, and 
 18.31  implementation of the Reinvest in 
 18.32  Minnesota conservation reserve 
 18.33  program.  Upon approval of the board, 
 18.34  expenditures may be made from these 
 18.35  appropriations for supplies and 
 18.36  services benefiting soil and water 
 18.37  conservation districts. 
 18.38  $3,320,000 the first year and 
 18.39  $3,320,000 the second year are for 
 18.40  grants to soil and water conservation 
 18.41  districts for cost-sharing contracts 
 18.42  for erosion control and water quality 
 18.43  management.  Of this amount, at least 
 18.44  $1,500,000 the first year and 
 18.45  $1,500,000 the second year are for 
 18.46  grants for cost-sharing contracts for 
 18.47  water quality management on feedlots.  
 18.48  $140,000 the first year and $140,000 
 18.49  the second year are for grants to 
 18.50  watershed districts and other local 
 18.51  units of government in the southern 
 18.52  Minnesota River basin study area 2 for 
 18.53  floodplain management.  If the 
 18.54  appropriation in either year is 
 18.55  insufficient, the appropriation in the 
 18.56  other year is available for it. 
 18.57  $100,000 the first year and $100,000 
 18.58  the second year are for a grant to the 
 18.59  Red River basin commission to develop a 
 18.60  Red River basin plan and to coordinate 
 19.1   water management activities in the 
 19.2   states and provinces bordering the Red 
 19.3   River.  The unencumbered balance in the 
 19.4   first year does not cancel but is 
 19.5   available for the second year. 
 19.6   Any unencumbered balance in the board's 
 19.7   program of grants does not cancel at 
 19.8   the end of the first year and is 
 19.9   available for the second year for the 
 19.10  same grant program.  This appropriation 
 19.11  is available until expended.  If the 
 19.12  appropriation in either year is 
 19.13  insufficient, the appropriation in the 
 19.14  other year is available for it.  
 19.15  Sec. 8.  SCIENCE MUSEUM     
 19.16  OF MINNESOTA                             988,000        988,000 
 19.17  Sec. 9.  DEPARTMENT OF AGRICULTURE
 19.18  Subdivision 1.  Total  
 19.19  Appropriation                         46,016,000     43,979,000 
 19.20                Summary by Fund
 19.21  General              45,663,000    43,626,000
 19.22  Remediation             353,000       353,000
 19.23  The amounts that may be spent from this 
 19.24  appropriation for each program are 
 19.25  specified in the following subdivision. 
 19.26  Subd. 2.  Protection Services
 19.27       9,379,000      9,379,000 
 19.28                Summary by Fund
 19.29  General               9,026,000     9,026,000
 19.30  Remediation             353,000       353,000
 19.31  $353,000 the first year and $353,000 
 19.32  the second year are from the 
 19.33  remediation fund for administrative 
 19.34  funding for the voluntary cleanup 
 19.35  program. 
 19.36  Subd. 3.  Agricultural Marketing
 19.37  and Development
 19.38       5,542,000      5,542,000 
 19.39  $71,000 the first year and $71,000 the 
 19.40  second year are for transfer to the 
 19.41  Minnesota grown matching account and 
 19.42  may be used as grants for Minnesota 
 19.43  grown promotion under Minnesota 
 19.44  Statutes, section 17.109.  Grants may 
 19.45  be made for one year.  Notwithstanding 
 19.46  Minnesota Statutes, section 16A.28, the 
 19.47  appropriations encumbered under 
 19.48  contract on or before June 30, 2005, 
 19.49  for Minnesota grown grants in this 
 19.50  subdivision are available until June 
 19.51  30, 2007. 
 19.52  $80,000 the first year and $80,000 the 
 19.53  second year are for grants to farmers 
 20.1   for demonstration projects involving 
 20.2   sustainable agriculture as authorized 
 20.3   in Minnesota Statutes, section 17.116.  
 20.4   Of the amount for grants, up to $20,000 
 20.5   may be used for dissemination of 
 20.6   information about the demonstration 
 20.7   projects.  Notwithstanding Minnesota 
 20.8   Statutes, section 16A.28, the 
 20.9   appropriations encumbered under 
 20.10  contract on or before June 30, 2005, 
 20.11  for sustainable agriculture grants in 
 20.12  this subdivision are available until 
 20.13  June 30, 2007. 
 20.14  This appropriation includes money for 
 20.15  the agriculture in the classroom 
 20.16  program. 
 20.17  Subd. 4.  Value-Added Agricultural Products
 20.18      25,861,000     23,974,000 
 20.19  $25,861,000 the first year and 
 20.20  $23,974,000 the second year are for 
 20.21  ethanol producer payments under 
 20.22  Minnesota Statutes, section 41A.09.  If 
 20.23  the total amount for which all 
 20.24  producers are eligible in a quarter 
 20.25  exceeds the amount available for 
 20.26  payments, the commissioner shall make 
 20.27  the payments on a pro rata basis.  If 
 20.28  the total amount for which all 
 20.29  producers are eligible for a fiscal 
 20.30  year is less than the amount available, 
 20.31  the balance in the appropriation is 
 20.32  available for the value-added 
 20.33  agricultural product processing and 
 20.34  marketing grant program under Minnesota 
 20.35  Statutes, section 17.101, subdivision 
 20.36  5, and is available until spent. 
 20.37  Subd. 5.  Administration and
 20.38  Financial Assistance   
 20.39       5,234,000      5,084,000
 20.40  $1,005,000 the first year and 
 20.41  $1,005,000 the second year are for 
 20.42  continuation of the dairy development 
 20.43  and profitability enhancement and dairy 
 20.44  business planning grant programs 
 20.45  established under Laws 1997, chapter 
 20.46  216, section 7, subdivision 2 and Laws 
 20.47  2001, First Special Session chapter 2, 
 20.48  section 9, subdivision 2.  The 
 20.49  commissioner may allocate the available 
 20.50  sums among permissible activities, 
 20.51  including efforts to improve the 
 20.52  quality of milk produced in the state, 
 20.53  in the proportions which the 
 20.54  commissioner deems most beneficial to 
 20.55  Minnesota's dairy farmers.  The 
 20.56  commissioner must submit a work plan 
 20.57  detailing plans for expenditures under 
 20.58  this program to the chairs of the house 
 20.59  and senate committees dealing with 
 20.60  agricultural policy and budget on or 
 20.61  before the start of each fiscal year.  
 20.62  If significant changes are made to the 
 20.63  plans in the course of the year, the 
 20.64  commissioner must notify the chairs. 
 21.1   $50,000 the first year and $50,000 the 
 21.2   second year are for the Northern Crops 
 21.3   Institute.  These appropriations may be 
 21.4   spent to purchase equipment. 
 21.5   $150,000 the first year and $150,000 
 21.6   the second year are for transfer to the 
 21.7   board of trustees of the Minnesota 
 21.8   state colleges and universities for 
 21.9   mental health counseling support to 
 21.10  farm families and business operators to 
 21.11  be provided through the farm business 
 21.12  management program at Central Lakes 
 21.13  College and Ridgewater College. 
 21.14  $2,000 the first year and $1,000 the 
 21.15  second year are for family farm 
 21.16  security interest payment adjustments.  
 21.17  If the appropriation for either year is 
 21.18  insufficient, the appropriation for the 
 21.19  other year is available for it.  No new 
 21.20  loans may be approved in fiscal year 
 21.21  2004 or 2005. 
 21.22  $150,000 is for predesign and design of 
 21.23  the agriculture and food sciences 
 21.24  academy.  The commissioner shall 
 21.25  consult with the Minnesota agriculture 
 21.26  education leadership council on the 
 21.27  predesign and design of the agriculture 
 21.28  and food sciences academy. 
 21.29  $125,000 the first year and $125,000 
 21.30  the second year are for grants to 
 21.31  organizations participating in the 
 21.32  rural life outreach and rural help 
 21.33  network.  The grants may be used for 
 21.34  outreach services, legal and accounting 
 21.35  services, informal mediation support, 
 21.36  mental health services, and emergency 
 21.37  services for farmers.  This 
 21.38  appropriation is available until June 
 21.39  30, 2005. 
 21.40  For fiscal years 2004 and 2005, all aid 
 21.41  payments to county and district 
 21.42  agricultural societies and associations 
 21.43  under Minnesota Statutes, section 
 21.44  38.02, subdivision 1, shall be 
 21.45  disbursed not later than July 15.  
 21.46  These payments are the amount of aid 
 21.47  owed by the state for an annual fair 
 21.48  held in the previous calendar year. 
 21.49  The commissioner shall work at the 
 21.50  national level to promote proposals to 
 21.51  address low milk prices to Minnesota 
 21.52  dairy farmers, including supply 
 21.53  management options. 
 21.54  Sec. 10.  BOARD OF ANIMAL  
 21.55  HEALTH                                 2,803,000      2,803,000 
 21.56  $200,000 the first year and $200,000 
 21.57  the second year are for a program to 
 21.58  control paratuberculosis ("Johne's 
 21.59  disease") in domestic bovine herds.  
 21.60  Money from this appropriation may be 
 21.61  used to validate a molecular diagnostic 
 21.62  test in cooperation with the Minnesota 
 21.63  veterinary diagnostic laboratory. 
 22.1   $80,000 the first year and $80,000 the 
 22.2   second year are for a program to 
 22.3   investigate the avian pneumovirus 
 22.4   disease and to identify the infected 
 22.5   flocks.  This appropriation must be 
 22.6   matched on a dollar-for-dollar or 
 22.7   in-kind basis with nonstate sources and 
 22.8   is in addition to money currently 
 22.9   designated for turkey disease 
 22.10  research.  Costs of blood sample 
 22.11  collection, handling, and 
 22.12  transportation, in addition to costs 
 22.13  associated with early diagnosis tests 
 22.14  and the expenses of vaccine research 
 22.15  trials, may be credited to the match. 
 22.16  $400,000 the first year and $400,000 
 22.17  the second year are for the purposes of 
 22.18  cervidae inspection as authorized in 
 22.19  Minnesota Statutes, section 17.452. 
 22.20  Sec. 11.  MINNESOTA HORTICULTURAL
 22.21  SOCIETY                                   82,000         82,000
 22.22  Sec. 12.  AGRICULTURAL UTILIZATION
 22.23  RESEARCH INSTITUTE                     2,750,000      2,750,000
 22.24                Summary by Fund
 22.25  General               2,550,000     2,550,000
 22.26  Agricultural            200,000       200,000 
 22.27  $180,000 the first year and $180,000 
 22.28  the second year are for hybrid tree 
 22.29  management research and development of 
 22.30  an implementation plan for establishing 
 22.31  hybrid tree plantations in the state.  
 22.32  This appropriation is available to the 
 22.33  extent matched by $2 of nonstate 
 22.34  contributions, either cash or in-kind, 
 22.35  for each $1 of state money. 
 22.36  Sec. 13.  MINNESOTA RESOURCES 
 22.37  Subdivision 1.  Total
 22.38  Appropriations                        17,625,000     15,050,000
 22.39                Summary by Fund
 22.40  State Land and 
 22.41  Water Conservation
 22.42  Account (LAWCON)
 22.43  in the Future
 22.44  Resources Fund        2,000,000       -0- 
 22.45  Environment and
 22.46  Natural Resources
 22.47  Trust Fund           15,050,000    15,050,000
 22.48  Oil Overcharge
 22.49  Money in the Special
 22.50  Revenue Fund            519,000       -0-   
 22.51  Great Lakes
 22.52  Protection Account       56,000       -0-   
 22.53  Appropriations from the state land and 
 22.54  water conservation account, oil 
 22.55  overcharge money in the special revenue 
 22.56  fund, and Great Lakes protection 
 23.1   account are available for either year 
 23.2   of the biennium. 
 23.3   For appropriations from the environment 
 23.4   and natural resources trust fund, any 
 23.5   unencumbered balance remaining in the 
 23.6   first year does not cancel and is 
 23.7   available for the second year of the 
 23.8   biennium. 
 23.9   Unless otherwise provided, the amounts 
 23.10  in this section are available until 
 23.11  June 30, 2005, when projects must be 
 23.12  completed and final products delivered. 
 23.13  Subd. 2.  Definitions 
 23.14  (a) "State Land and Water Conservation 
 23.15  Account (LAWCON)" means the state land 
 23.16  and water conservation account in the 
 23.17  future resources fund referred to in 
 23.18  Minnesota Statutes, section 116P.14. 
 23.19  (b) "Great Lakes protection account" 
 23.20  means the Great Lakes protection 
 23.21  account referred to in Minnesota 
 23.22  Statutes, section 116Q.02, subdivision 
 23.23  1. 
 23.24  (c) "Trust fund" means the Minnesota 
 23.25  environment and natural resources trust 
 23.26  fund referred to in Minnesota Statutes, 
 23.27  section 116P.02, subdivision 6. 
 23.28  (d) "Oil overcharge money" means the 
 23.29  money referred to in Minnesota 
 23.30  Statutes, section 4.071, subdivision 2. 
 23.31  Subd. 3.  Administration                 409,000        409,000 
 23.32  (a) Legislative Commission on Minnesota 
 23.33  Resources 
 23.34  $323,000 the first year and $323,000 
 23.35  the second year are from the trust fund 
 23.36  for administration as provided in 
 23.37  Minnesota Statutes, section 116P.09, 
 23.38  subdivision 5. 
 23.39  (b) LCMR Study Commission on Park 
 23.40  Systems 
 23.41  $26,000 the first year is from the 
 23.42  trust fund to the legislative 
 23.43  commission on Minnesota resources to 
 23.44  evaluate the use of fees to assist the 
 23.45  financial stability and the potential 
 23.46  of fees to provide for self-sufficiency 
 23.47  in Minnesota's park systems, including 
 23.48  state parks, metropolitan regional 
 23.49  parks, and rural regional parks in 
 23.50  greater Minnesota.  The study 
 23.51  commission will report to the chairs of 
 23.52  the senate and house environment 
 23.53  finance committees by February 16, 2004.
 23.54  (c) Contract Administration 
 23.55  $60,000 the first year and $60,000 the 
 23.56  second year are from the trust fund to 
 23.57  the commissioner of natural resources 
 24.1   for contract administration activities 
 24.2   assigned to the commissioner in this 
 24.3   section.  This appropriation is 
 24.4   available until June 30, 2006. 
 24.5   Subd. 4.  Advisory Committee              23,000         22,000 
 24.6   $23,000 the first year and $22,000 the 
 24.7   second year are from the trust fund to 
 24.8   the legislative commission on Minnesota 
 24.9   resources for expenses of the citizen 
 24.10  advisory committee as provided in 
 24.11  Minnesota Statutes, section 116P.06. 
 24.12  Subd. 5.  Fish and Wildlife 
 24.13  Habitat                                6,214,000      6,214,000 
 24.14  (a) Restoring Minnesota's Fish and 
 24.15  Wildlife Habitat Corridors - Phase II 
 24.16  $2,425,000 the first year and 
 24.17  $2,425,000 the second year are from the 
 24.18  trust fund to the commissioner of 
 24.19  natural resources for the second 
 24.20  biennium for acceleration of agency 
 24.21  programs and cooperative agreements 
 24.22  with Minnesota Deer Hunters 
 24.23  Association, Ducks Unlimited, Inc., 
 24.24  National Wild Turkey Federation, 
 24.25  Pheasants Forever, the Nature 
 24.26  Conservancy, Minnesota Land Trust, the 
 24.27  Trust for Public Land, Minnesota Valley 
 24.28  National Wildlife Refuge Trust, Inc., 
 24.29  U.S. Fish and Wildlife Service, U.S. 
 24.30  Bureau of Indian Affairs, Red Lake Band 
 24.31  of Chippewa, Leech Lake Band of 
 24.32  Chippewa, Fond du Lac Band, 
 24.33  USDA-Natural Resources Conservation 
 24.34  Service, and the Board of Water and 
 24.35  Soil Resources to restore and acquire 
 24.36  fragmented landscape corridors that 
 24.37  connect areas of quality habitat to 
 24.38  sustain fish, wildlife, and plants.  As 
 24.39  part of the required work program, 
 24.40  criteria and priorities for planned 
 24.41  acquisition and restoration activities 
 24.42  must be submitted to the legislative 
 24.43  commission on Minnesota resources for 
 24.44  review and approval before 
 24.45  expenditure.  Expenditures are limited 
 24.46  to the 11 project areas as defined in 
 24.47  the work program.  Land acquired with 
 24.48  this appropriation must be sufficiently 
 24.49  improved to meet at least minimum 
 24.50  habitat and facility management 
 24.51  standards as determined by the 
 24.52  commissioner of natural resources.  
 24.53  This appropriation may not be used for 
 24.54  the purchase of residential structures 
 24.55  unless expressly approved in the work 
 24.56  program.  Any land acquired in fee 
 24.57  title by the commissioner of natural 
 24.58  resources with money from this 
 24.59  appropriation must be designated:  (1) 
 24.60  as an outdoor recreation unit under 
 24.61  Minnesota Statutes, section 86A.07; or 
 24.62  (2) as provided in Minnesota Statutes, 
 24.63  sections 89.018, subdivision 2, 
 24.64  paragraph (a); 97A.101; 97A.125; 
 24.65  97C.001; and 97C.011.  The commissioner 
 24.66  may so designate any lands acquired in 
 25.1   less than fee title.  This 
 25.2   appropriation is available until June 
 25.3   30, 2006, at which time the project 
 25.4   must be completed and final products 
 25.5   delivered, unless an earlier date is 
 25.6   specified in the work program. 
 25.7   (b) Metropolitan Area Wildlife 
 25.8   Corridors 
 25.9   $2,425,000 the first year and 
 25.10  $2,425,000 the second year are from the 
 25.11  trust fund.  $3,550,000 of this 
 25.12  appropriation is for acceleration of 
 25.13  agency programs and cooperative 
 25.14  agreements with the Trust for Public 
 25.15  Land, Ducks Unlimited, Inc., Friends of 
 25.16  the Mississippi River, Great River 
 25.17  Greening, Minnesota Land Trust, and 
 25.18  Minnesota Valley National Wildlife 
 25.19  Refuge Trust, Inc., for the purposes of 
 25.20  planning, improving, and protecting 
 25.21  important natural areas in the 
 25.22  metropolitan region, as defined by 
 25.23  Minnesota Statutes, section 473.121, 
 25.24  subdivision 2, through grants, 
 25.25  contracted services, conservation 
 25.26  easements, and fee acquisition. 
 25.27  $500,000 of this appropriation is for 
 25.28  an agreement with the city of Ramsey 
 25.29  for the Trott Brook Corridor 
 25.30  acquisition.  $800,000 of this 
 25.31  appropriation is for an agreement with 
 25.32  the Rice Creek Watershed District for 
 25.33  Hardwood Creek acquisition and 
 25.34  restoration.  Land acquired with this 
 25.35  appropriation must be sufficiently 
 25.36  improved to meet at least minimum 
 25.37  management standards as determined by 
 25.38  the commissioner of natural resources.  
 25.39  As part of the required work program, 
 25.40  criteria and priorities for planned 
 25.41  acquisition and restoration activities 
 25.42  must be submitted to the legislative 
 25.43  commission on Minnesota resources for 
 25.44  review and approval before 
 25.45  expenditure.  Expenditures are limited 
 25.46  to the identified project areas as 
 25.47  defined in the work program.  This 
 25.48  appropriation may not be used for the 
 25.49  purchase of residential structures 
 25.50  unless expressly approved in the work 
 25.51  program.  Any land acquired in fee 
 25.52  title by the commissioner of natural 
 25.53  resources with money from this 
 25.54  appropriation must be designated:  (1) 
 25.55  as an outdoor recreation unit under 
 25.56  Minnesota Statutes, section 86A.07; or 
 25.57  (2) as provided in Minnesota Statutes, 
 25.58  sections 89.018, subdivision 2, 
 25.59  paragraph (a); 97A.101; 97A.125; 
 25.60  97C.001; and 97C.011.  The commissioner 
 25.61  may so designate any lands acquired in 
 25.62  less than fee title.  This 
 25.63  appropriation is available until June 
 25.64  30, 2006, at which time the project 
 25.65  must be completed and final products 
 25.66  delivered, unless an earlier date is 
 25.67  specified in the work program.  
 25.68  (c) Restoring RIM Match 
 26.1   $200,000 the first year and $200,000 
 26.2   the second year are from the trust fund 
 26.3   to the commissioner of natural 
 26.4   resources for the RIM critical habitat 
 26.5   matching program to acquire and enhance 
 26.6   fish, wildlife, and native plant 
 26.7   habitat.  Land acquired with this 
 26.8   appropriation must be sufficiently 
 26.9   improved to meet at least minimum 
 26.10  management standards as determined by 
 26.11  the commissioner of natural resources.  
 26.12  Up to $27,000 of this appropriation is 
 26.13  for matching nongame program activities.
 26.14  (d) Acquisition and Development of 
 26.15  Scientific and Natural Areas 
 26.16  $240,000 the first year and $240,000 
 26.17  the second year are from the trust fund 
 26.18  to the commissioner of natural 
 26.19  resources to acquire and develop lands 
 26.20  with natural features of state 
 26.21  ecological or geological significance 
 26.22  in accordance with the scientific and 
 26.23  natural area program long-range plan.  
 26.24  Land acquired with this appropriation 
 26.25  must be sufficiently improved to meet 
 26.26  at least minimum management standards 
 26.27  as determined by the commissioner of 
 26.28  natural resources. 
 26.29  (e) Forest and Prairie Stewardship of 
 26.30  Public and Private Lands 
 26.31  $160,000 the first year and $160,000 
 26.32  the second year are from the trust fund 
 26.33  to the commissioner of natural 
 26.34  resources.  $120,000 of this 
 26.35  appropriation is to develop stewardship 
 26.36  plans for private forested lands and 
 26.37  implement stewardship plans on a 
 26.38  cost-share basis.  $200,000 of this 
 26.39  appropriation is to develop stewardship 
 26.40  plans on private prairie lands and 
 26.41  implement prairie management on public 
 26.42  and private lands.  This appropriation 
 26.43  is available until June 30, 2006, at 
 26.44  which time the project must be 
 26.45  completed and final products delivered, 
 26.46  unless an earlier date is specified in 
 26.47  the work program. 
 26.48  (f) Local Initiative 
 26.49  Grants-Conservation Partners and 
 26.50  Environmental Partnerships 
 26.51  $256,000 the first year and $256,000 
 26.52  the second year are from the trust fund 
 26.53  to the commissioner of natural 
 26.54  resources for matching grants of up to 
 26.55  $20,000 to local government and private 
 26.56  organizations for enhancement, 
 26.57  research, and education associated with 
 26.58  natural habitat and environmental 
 26.59  service projects.  This appropriation 
 26.60  is available until June 30, 2006, at 
 26.61  which time the project must be 
 26.62  completed and final products delivered, 
 26.63  unless an earlier date is specified in 
 26.64  the work program. 
 27.1   (g) Minnesota ReLeaf Community Forest 
 27.2   Development and Protection 
 27.3   $256,000 the first year and $256,000 
 27.4   the second year are from the trust fund 
 27.5   to the commissioner of natural 
 27.6   resources for acceleration of the 
 27.7   agency program and a cooperative 
 27.8   agreement with Tree Trust to protect 
 27.9   forest resources, develop 
 27.10  inventory-based management plans, and 
 27.11  provide matching grants to communities 
 27.12  to plant native trees.  At least 
 27.13  $350,000 of this appropriation must be 
 27.14  used for grants to communities.  For 
 27.15  the purposes of this paragraph, the 
 27.16  match must be a nonstate contribution, 
 27.17  but may be either cash or qualifying 
 27.18  in-kind.  This appropriation is 
 27.19  available until June 30, 2006, at which 
 27.20  time the project must be completed and 
 27.21  final projects delivered, unless an 
 27.22  earlier date is specified in the work 
 27.23  program. 
 27.24  (h) Minnesota Ports Greening Initiative 
 27.25  $75,000 the first year and $75,000 the 
 27.26  second year are from the trust fund to 
 27.27  the commissioner of natural resources 
 27.28  for agreements with St. Paul port 
 27.29  authority and Winona port authority to 
 27.30  contract with Great River Greening to 
 27.31  establish native plantings in the 
 27.32  Mississippi river corridor at the 
 27.33  commercial port in St. Paul and to 
 27.34  develop a restoration plan in Winona. 
 27.35  (i) Developing Pheromones for Use in 
 27.36  Carp Control 
 27.37  $47,000 the first year and $48,000 the 
 27.38  second year are from the trust fund to 
 27.39  the University of Minnesota for 
 27.40  research on new options for controlling 
 27.41  carp.  This appropriation is available 
 27.42  until June 30, 2006, at which time the 
 27.43  project must be completed and final 
 27.44  products delivered, unless an earlier 
 27.45  date is specified in the work program. 
 27.46  (j) Biological Control of European 
 27.47  Buckthorn and Spotted Knapweed 
 27.48  $55,000 the first year and $54,000 the 
 27.49  second year are from the trust fund to 
 27.50  the commissioner of natural resources 
 27.51  for research to evaluate potential 
 27.52  insects for biological control of 
 27.53  invasive European buckthorn species.  
 27.54  This appropriation is available until 
 27.55  June 30, 2006, at which time the 
 27.56  project must be completed and final 
 27.57  products delivered, unless an earlier 
 27.58  date is specified in the work program. 
 27.59  (k) Resources for Redevelopment of 
 27.60  Brownfields to Greenspaces 
 27.61  $75,000 the first year and $75,000 the 
 27.62  second year are from the trust fund to 
 28.1   the commissioner of natural resources 
 28.2   for an agreement with Minnesota 
 28.3   Environmental Initiatives to identify 
 28.4   and assess redevelopment of brownfields 
 28.5   for recreation, habitat, and natural 
 28.6   resource reuse. 
 28.7   Subd. 6.  Recreation                   7,706,000      5,707,000 
 28.8                 Summary by Fund
 28.9   Trust Fund            5,706,000     5,707,000
 28.10  State Land and Conservation 
 28.11  Account in the Future  
 28.12  Resources Fund        2,000,000 
 28.13  (a) State Park and Recreation Area Land 
 28.14  Acquisition 
 28.15  $750,000 the first year and $750,000 
 28.16  the second year are from the trust fund 
 28.17  to the commissioner of natural 
 28.18  resources to acquire in-holdings for 
 28.19  state park and recreation areas.  Land 
 28.20  acquired with this appropriation must 
 28.21  be sufficiently improved to meet at 
 28.22  least minimum management standards as 
 28.23  determined by the commissioner of 
 28.24  natural resources.  This appropriation 
 28.25  is available until June 30, 2006, at 
 28.26  which time the project must be 
 28.27  completed and final products delivered, 
 28.28  unless an earlier date is specified in 
 28.29  the work program. 
 28.30  (b) LAWCON Federal Reimbursements 
 28.31  $2,000,000 is from the state land and 
 28.32  water conservation account in the 
 28.33  future resources fund to the 
 28.34  commissioner of natural resources for 
 28.35  eligible state projects and 
 28.36  administrative and planning activities 
 28.37  consistent with Minnesota Statutes, 
 28.38  section 116P.14, and the federal Land 
 28.39  and Water Conservation Fund Act.  This 
 28.40  appropriation is contingent upon 
 28.41  receipt of the federal obligation and 
 28.42  remains available until June 30, 2006, 
 28.43  at which time the project must be 
 28.44  completed and final products delivered, 
 28.45  unless an earlier date is specified in 
 28.46  the work program. 
 28.47  (c) Local Initiative Grants-Parks and 
 28.48  Natural Areas 
 28.49  $1,250,000 the first year and 
 28.50  $1,250,000 the second year are from the 
 28.51  trust fund to the commissioner of 
 28.52  natural resources for matching grants 
 28.53  to local governments for acquisition 
 28.54  and development of natural and scenic 
 28.55  areas and local parks as provided in 
 28.56  Minnesota Statutes, section 85.019, 
 28.57  subdivisions 2 and 4a, and regional 
 28.58  parks outside of the metropolitan 
 28.59  area.  Grants may provide up to 50 
 28.60  percent of the nonfederal share of the 
 28.61  project cost, except nonmetropolitan 
 29.1   regional park grants may provide up to 
 29.2   60 percent of the nonfederal share of 
 29.3   the project cost.  The commission will 
 29.4   monitor the grants for approximate 
 29.5   balance over extended periods of time 
 29.6   between the metropolitan area, under 
 29.7   Minnesota Statutes, section 473.121, 
 29.8   subdivision 2, and the nonmetropolitan 
 29.9   area through work program oversight and 
 29.10  periodic allocation decisions.  For the 
 29.11  purposes of this paragraph, the match 
 29.12  must be a nonstate contribution, but 
 29.13  may be either cash or qualifying 
 29.14  in-kind. Recipients may receive funding 
 29.15  for more than one project in any given 
 29.16  grant period.  This appropriation is 
 29.17  available until June 30, 2006, at which 
 29.18  time the project must be completed and 
 29.19  final products delivered. 
 29.20  (d) Metropolitan Regional Parks 
 29.21  Acquisition, Rehabilitation, and 
 29.22  Development 
 29.23  $1,669,000 the first year and 
 29.24  $1,670,000 the second year are from the 
 29.25  trust fund to the commissioner of 
 29.26  natural resources for an agreement with 
 29.27  the metropolitan council for subgrants 
 29.28  for the acquisition, development, and 
 29.29  rehabilitation in the metropolitan 
 29.30  regional park system, consistent with 
 29.31  the metropolitan council regional 
 29.32  recreation open space capital 
 29.33  improvement plan.  This appropriation 
 29.34  may not be used for the purchase of 
 29.35  residential structures.  This 
 29.36  appropriation may be used to reimburse 
 29.37  implementing agencies for acquisition 
 29.38  of nonresidential property as expressly 
 29.39  approved in the work program.  This 
 29.40  appropriation is available until June 
 29.41  30, 2006, at which time the project 
 29.42  must be completed and final products 
 29.43  delivered, unless an earlier date is 
 29.44  specified in the work program.  In 
 29.45  addition, if a project financed under 
 29.46  this program receives a federal grant, 
 29.47  the availability of the financing from 
 29.48  this paragraph for that project is 
 29.49  extended to equal the period of the 
 29.50  federal grant. 
 29.51  (e) Local and Regional Trail Grant 
 29.52  Initiative Program 
 29.53  $160,000 the first year and $160,000 
 29.54  the second year are from the trust fund 
 29.55  to the commissioner of natural 
 29.56  resources to provide matching grants to 
 29.57  local units of government for the cost 
 29.58  of acquisition, development, 
 29.59  engineering services, and enhancement 
 29.60  of existing and new trail facilities.  
 29.61  This appropriation is available until 
 29.62  June 30, 2006, at which time the 
 29.63  project must be completed and final 
 29.64  products delivered, unless an earlier 
 29.65  date is specified in the work program.  
 29.66  In addition, if a project financed 
 29.67  under this program receives a federal 
 30.1   grant, the availability of the 
 30.2   financing from this paragraph for that 
 30.3   project is extended to equal the period 
 30.4   of the federal grant.  
 30.5   (f) Gitchi-Gami State Trail 
 30.6   $650,000 the first year and $650,000 
 30.7   the second year are from the trust fund 
 30.8   to the commissioner of natural 
 30.9   resources, in cooperation with the 
 30.10  Gitchi-Gami Trail Association, for the 
 30.11  third biennium, to design and construct 
 30.12  approximately five miles of Gitchi-Gami 
 30.13  state trail segments.  This 
 30.14  appropriation must be matched by at 
 30.15  least $400,000 of nonstate money.  The 
 30.16  availability of the financing from this 
 30.17  paragraph is extended to equal the 
 30.18  period of any federal money received. 
 30.19  (g) Water Recreation:  Boat Access, 
 30.20  Fishing Piers, and Shore-fishing 
 30.21  $575,000 the first year and $575,000 
 30.22  the second year are from the trust fund 
 30.23  to the commissioner of natural 
 30.24  resources to acquire and develop public 
 30.25  water access sites statewide, construct 
 30.26  shore-fishing and pier sites, and 
 30.27  restore shorelands at public accesses.  
 30.28  This appropriation is available until 
 30.29  June 30, 2006, at which time the 
 30.30  project must be completed and final 
 30.31  products delivered, unless an earlier 
 30.32  date is specified in the work program. 
 30.33  (h) Mesabi Trail 
 30.34  $190,000 the first year and $190,000 
 30.35  the second year are from the trust fund 
 30.36  to the commissioner of natural 
 30.37  resources for an agreement with St. 
 30.38  Louis and Lake Counties Regional Rail 
 30.39  Authority for the sixth biennium to 
 30.40  acquire and develop segments of the 
 30.41  Mesabi trail.  If a federal grant is 
 30.42  received, the availability of the 
 30.43  financing from this paragraph is 
 30.44  extended to equal the period of the 
 30.45  federal grant. 
 30.46  (i) Linking Communities Design, 
 30.47  Technology, and DNR Trail Resources 
 30.48  $92,000 the first year and $92,000 the 
 30.49  second year are from the trust fund to 
 30.50  the commissioner of natural resources 
 30.51  for an agreement with the University of 
 30.52  Minnesota to provide designs for up to 
 30.53  three state trails incorporating 
 30.54  recreation, natural, and cultural 
 30.55  features. 
 30.56  (j) Ft. Ridgley Historic Site 
 30.57  Interpretive Trail 
 30.58  $75,000 the first year and $75,000 the 
 30.59  second year are from the trust fund to 
 30.60  the Minnesota historical society to 
 30.61  construct a trail through the original 
 31.1   fort site and install interpretive 
 31.2   markers.  This appropriation is 
 31.3   available until June 30, 2006, at which 
 31.4   time the project must be completed and 
 31.5   final products delivered, unless an 
 31.6   earlier date is specified in the work 
 31.7   program. 
 31.8   (k) Development and Rehabilitation of 
 31.9   Minnesota Shooting Ranges 
 31.10  $120,000 the first year and $120,000 
 31.11  the second year are from the trust fund 
 31.12  to the commissioner of natural 
 31.13  resources to provide technical 
 31.14  assistance and matching cost-share 
 31.15  grants to local recreational shooting 
 31.16  and archery clubs for the purpose of 
 31.17  developing or rehabilitating shooting 
 31.18  and archery facilities for public use.  
 31.19  Recipient facilities must be open to 
 31.20  the general public at reasonable times 
 31.21  and for a reasonable fee on a walk-in 
 31.22  basis.  This appropriation is available 
 31.23  until June 30, 2006, at which time the 
 31.24  project must be completed and final 
 31.25  products delivered, unless an earlier 
 31.26  date is specified in the work program.  
 31.27  (l) Land Acquisition, Minnesota 
 31.28  Landscape Arboretum 
 31.29  $175,000 the first year and $175,000 
 31.30  the second year are from the trust fund 
 31.31  to the University of Minnesota for an 
 31.32  agreement with the University of 
 31.33  Minnesota Landscape Arboretum 
 31.34  Foundation for the fifth biennium to 
 31.35  acquire in-holdings within the 
 31.36  arboretum's boundary.  This 
 31.37  appropriation must be matched by an 
 31.38  equal amount of nonstate money.  This 
 31.39  appropriation is available until June 
 31.40  30, 2006, at which time the project 
 31.41  must be completed and final products 
 31.42  delivered, unless an earlier date is 
 31.43  specified in the work program. 
 31.44  Subd. 7.  Water Resources              1,168,000      1,112,000 
 31.45                Summary by Fund
 31.46  Trust Fund            1,112,000     1,112,000
 31.47  Great Lakes Protection 
 31.48  Account                  56,000             
 31.49  (a) Local Water Planning Matching 
 31.50  Challenge Grants 
 31.51  $222,000 the first year and $222,000 
 31.52  the second year are from the trust fund 
 31.53  and $56,000 is from the Great Lakes 
 31.54  protection account to the board of 
 31.55  water and soil resources to accelerate 
 31.56  the local water planning challenge 
 31.57  grant program under Minnesota Statutes, 
 31.58  sections 103B.3361 to 103B.3369, 
 31.59  through matching grants to implement 
 31.60  high-priority activities in 
 31.61  comprehensive water management plans, 
 32.1   plan development guidance, and regional 
 32.2   resource assessments.  For the purposes 
 32.3   of this paragraph, the match must be a 
 32.4   nonstate contribution, but may be 
 32.5   either cash or qualifying in-kind.  
 32.6   This appropriation is available until 
 32.7   June 30, 2006, at which time the 
 32.8   project must be completed and final 
 32.9   products delivered, unless an earlier 
 32.10  date is specified in the work program. 
 32.11  (b) Accelerating and Enhancing Surface 
 32.12  Water Monitoring for Lakes and Streams 
 32.13  $300,000 the first year and $300,000 
 32.14  the second year are from the trust fund 
 32.15  to the commissioner of the pollution 
 32.16  control agency for acceleration of 
 32.17  agency programs and cooperative 
 32.18  agreements with the Minnesota lakes 
 32.19  association, rivers council of 
 32.20  Minnesota, the Minnesota Initiative 
 32.21  Foundation, and the University of 
 32.22  Minnesota to accelerate monitoring 
 32.23  efforts through assessments, citizen 
 32.24  training, and implementation grants.  
 32.25  This appropriation is available until 
 32.26  June 30, 2006, at which time the 
 32.27  project must be completed and final 
 32.28  products delivered, unless an earlier 
 32.29  date is specified in the work program. 
 32.30  (c) Intercommunity Groundwater 
 32.31  Protection 
 32.32  $92,000 the first year and $92,000 the 
 32.33  second year are from the trust fund to 
 32.34  the commissioner of natural resources 
 32.35  for an agreement with Washington county 
 32.36  for groundwater monitoring, modeling, 
 32.37  and implementation of management 
 32.38  strategies. 
 32.39  (d) TAPwaters:  Technical Assistance 
 32.40  Program for Watersheds 
 32.41  $80,000 the first year and $80,000 the 
 32.42  second year are from the trust fund to 
 32.43  the commissioner of natural resources 
 32.44  for an agreement with the Science 
 32.45  Museum of Minnesota to assess the St. 
 32.46  Croix river and its tributaries to 
 32.47  identify solutions to pollution 
 32.48  threats.  This appropriation is 
 32.49  available until June 30, 2006, at which 
 32.50  time the project must be completed and 
 32.51  final products delivered, unless an 
 32.52  earlier date is specified in the work 
 32.53  program. 
 32.54  (e) Wastewater Phosphorus Control and 
 32.55  Reduction Initiative 
 32.56  $111,000 the first year and $110,000 
 32.57  the second year are from the trust fund 
 32.58  to the commissioner of natural 
 32.59  resources for an agreement with the 
 32.60  Minnesota environmental science and 
 32.61  economic review board to assess 
 32.62  phosphorus reduction techniques at 
 32.63  wastewater treatment plants.  
 33.1   (f) Laser Assessment of Streambank 
 33.2   Erosion:  Minnesota River Basin 
 33.3   $99,000 the first year and $99,000 the 
 33.4   second year are from the trust fund to 
 33.5   the University of Minnesota to 
 33.6   determine sediment and phosphorus 
 33.7   inputs due to bank erosion along major 
 33.8   rivers in the Minnesota river basin.  
 33.9   (g) Rainy River Basin Water Quality 
 33.10  Cooperative Pilot Project 
 33.11  $127,000 the first year and $128,000 
 33.12  the second year are from the trust fund 
 33.13  to the commissioner of natural 
 33.14  resources for an agreement with 
 33.15  Koochiching county to establish a water 
 33.16  quality cooperative for the Rainy river 
 33.17  basin, conduct individual sewage 
 33.18  treatment system inventories, and 
 33.19  implement wastewater treatment systems 
 33.20  to improve water quality. 
 33.21  (h) Maintaining Zooplankton (Daphnia) 
 33.22  for Water Quality:  Square Lake 
 33.23  $15,000 the first year and $15,000 the 
 33.24  second year are from the trust fund to 
 33.25  the commissioner of natural resources 
 33.26  for an agreement with Marine On St. 
 33.27  Croix water management organization to 
 33.28  determine whether trout predation on 
 33.29  Daphnia significantly affects Daphnia 
 33.30  abundance and water quality of Square 
 33.31  lake, Washington county.  This 
 33.32  appropriation is available until June 
 33.33  30, 2006, at which time the project 
 33.34  must be completed and final products 
 33.35  delivered, unless an earlier date is 
 33.36  specified in the work program. 
 33.37  (i) Wirth Lake Improvement 
 33.38  $66,000 the first year and $66,000 the 
 33.39  second year are from the trust fund to 
 33.40  the commissioner of natural resources 
 33.41  for an agreement with Bassett creek 
 33.42  water management commission to 
 33.43  implement best management practices in 
 33.44  Wirth lake watershed to remove 
 33.45  pollutants from storm water and reduce 
 33.46  phosphorus in the lake.  This 
 33.47  appropriation must be matched by 
 33.48  $35,000 of nonstate money. 
 33.49  Subd. 8.  Land Use and Natural  
 33.50  Resource Information                     648,000        648,000 
 33.51  (a) Minnesota County Biological Survey 
 33.52  $320,000 the first year and $320,000 
 33.53  the second year are from the trust fund 
 33.54  to the commissioner of natural 
 33.55  resources for the ninth biennium to 
 33.56  accelerate the survey that identifies 
 33.57  significant natural areas and 
 33.58  systematically collects and interprets 
 33.59  data on the distribution and ecology of 
 33.60  native plant communities, rare plants, 
 33.61  and rare animals. 
 34.1   (b) Updating Outmoded Soil Survey 
 34.2   $118,000 the first year and $118,000 
 34.3   the second year are from the trust fund 
 34.4   to the board of water and soil to 
 34.5   continue updating and digitizing 
 34.6   outmoded soil surveys in Fillmore, 
 34.7   Goodhue, Dodge, and Wabasha counties in 
 34.8   southeast Minnesota.  Participating 
 34.9   counties must provide a cost share as 
 34.10  reflected in the work program.  This 
 34.11  appropriation is available until June 
 34.12  30, 2006, at which time the project 
 34.13  must be completed and final products 
 34.14  delivered, unless an earlier date is 
 34.15  specified in the work program. 
 34.16  (c) Mesabi Iron Range Geologic and 
 34.17  Hydrologic Map and Databases 
 34.18  $123,000 the first year and $123,000 
 34.19  the second year are from the trust 
 34.20  fund.  $58,000 the first year and 
 34.21  $57,000 the second year of this 
 34.22  appropriation are to the commissioner 
 34.23  of natural resources to develop a 
 34.24  database of hydrogeologic data across 
 34.25  the Mesabi iron range.  $65,000 the 
 34.26  first year and $66,000 the second year 
 34.27  are to the Minnesota geological survey 
 34.28  at the University of Minnesota for 
 34.29  geologic and hydrogeologic maps of the 
 34.30  Mesabi iron range. 
 34.31  (d) The Laurentian Vision:  Rebuilding 
 34.32  the Mesabi Iron Range 
 34.33  $87,000 the first year and $87,000 the 
 34.34  second year are from the trust fund to 
 34.35  the University of Minnesota to partner 
 34.36  with local communities, mining 
 34.37  companies, and other resource interests 
 34.38  to enable mine land reuse.  
 34.39  Subd. 9.  Agriculture and Natural 
 34.40  Resource Industries                      311,000      311,000   
 34.41  Native Plants and Alternative Crops for 
 34.42  Water Quality 
 34.43  $311,000 the first year and $311,000 
 34.44  the second year are from the trust fund 
 34.45  to the board of water and soil 
 34.46  resources for agreements with the Blue 
 34.47  Earth river basin initiative and the 
 34.48  University of Minnesota to accelerate 
 34.49  the use of native plants and 
 34.50  alternative crops through easements, 
 34.51  demonstration, research, and 
 34.52  education.  This appropriation is 
 34.53  available until June 30, 2006, at which 
 34.54  time the project must be completed and 
 34.55  final products delivered, unless an 
 34.56  earlier date is specified in the work 
 34.57  program. 
 34.58  Subd. 10.  Energy                        630,000      110,000   
 34.59                Summary by Fund
 34.60  Trust Fund              111,000       110,000
 35.1   Oil Overcharge 
 35.2                          519,000         -0-    
 35.3   (a) Community Energy Development 
 35.4   Program 
 35.5   $519,000 is from the oil overcharge 
 35.6   money to the commissioner of 
 35.7   administration for transfer to the 
 35.8   commissioner of commerce to assist 
 35.9   communities in identifying 
 35.10  cost-effective energy projects and 
 35.11  developing locally owned wind energy 
 35.12  projects through local wind resource 
 35.13  assessment and financial assistance.  
 35.14  (b) Advancing Utilization of Manure 
 35.15  Methane Digester Electrical Generation 
 35.16  $111,000 the first year and $110,000 
 35.17  the second year are from the trust fund 
 35.18  to the commissioner of agriculture to 
 35.19  maximize use of manure methane 
 35.20  digesters by identifying compatible 
 35.21  waste streams and the feasibility of 
 35.22  microturbine and fuel cell technologies.
 35.23  Subd. 11.  Environmental Education       235,000       235,000  
 35.24  (a) Dodge Nature Center - Restoration 
 35.25  Plan 
 35.26  $41,000 the first year and $42,000 the 
 35.27  second year are from the trust fund to 
 35.28  the commissioner of natural resources 
 35.29  for an agreement with Dodge Nature 
 35.30  Center to restore up to 155 acres in 
 35.31  Mendota Heights. 
 35.32  (b) Bucks and Buckthorn:  Engaging 
 35.33  Young Hunters in Restoration 
 35.34  $128,000 the first year and $127,000 
 35.35  the second year are from the trust fund 
 35.36  to the commissioner of natural 
 35.37  resources for agreements with Great 
 35.38  River Greening, Minnesota Deer Hunters 
 35.39  Association, and the St. Croix 
 35.40  Watershed Research Station for a pilot 
 35.41  program linking hunting and habitat 
 35.42  restoration opportunities for youth. 
 35.43  (c) Putting Green Environmental 
 35.44  Adventure Park:  Sustainability 
 35.45  Education 
 35.46  $66,000 the first year and $66,000 the 
 35.47  second year are from the trust fund to 
 35.48  the commissioner of natural resources 
 35.49  for an agreement with Putting Green, 
 35.50  Inc. to construct educational exhibits 
 35.51  for up to nine putting green learning 
 35.52  stations in New Ulm. 
 35.53  Subd. 12.  Children's Environmental 
 35.54  Health                                   281,000      282,000   
 35.55  (a) Healthy Schools:  Indoor Air 
 35.56  Quality and Asthma Management 
 35.57  $84,000 the first year and $84,000 the 
 36.1   second year are from the trust fund to 
 36.2   the commissioner of health to assist 
 36.3   school districts with developing and 
 36.4   implementing effective indoor air 
 36.5   quality and asthma management plans. 
 36.6   (b) Economic-based Analysis of 
 36.7   Children's Environmental Health Risks 
 36.8   $47,000 the first year and $48,000 the 
 36.9   second year are from the trust fund to 
 36.10  the commissioner of health to assess 
 36.11  economic strategies for children's 
 36.12  environmental health risks. 
 36.13  (c) Continuous Indoor Air Quality 
 36.14  Monitoring in Minnesota Schools 
 36.15  $150,000 the first year and $150,000 
 36.16  the second year are from the trust fund 
 36.17  to the commissioner of natural 
 36.18  resources for an agreement with Schulte 
 36.19  Associates, LLC to provide continuous, 
 36.20  real-time indoor air quality monitoring 
 36.21  in at least six selected schools. 
 36.22  Subd. 13.  Data Availability 
 36.23  Requirements 
 36.24  (a) During the biennium ending June 30, 
 36.25  2005, data collected by the projects 
 36.26  funded under this section that have 
 36.27  value for planning and management of 
 36.28  natural resource, emergency 
 36.29  preparedness, and infrastructure 
 36.30  investments must conform to the 
 36.31  enterprise information architecture 
 36.32  developed by the office of technology.  
 36.33  Spatial data must conform to geographic 
 36.34  information system guidelines and 
 36.35  standards outlined in that architecture 
 36.36  and adopted by the Minnesota geographic 
 36.37  data clearinghouse at the land 
 36.38  management information center.  A 
 36.39  description of these data must be made 
 36.40  available on-line through the 
 36.41  clearinghouse, and the data themselves 
 36.42  must be accessible and free to the 
 36.43  public unless made private under the 
 36.44  Data Practices Act, Minnesota Statutes, 
 36.45  chapter 13.  
 36.46  (b) To the extent practicable, summary 
 36.47  data and results of projects funded 
 36.48  under this section should be readily 
 36.49  accessible on the Internet. 
 36.50  (c) As part of project expenditures, 
 36.51  recipients of land acquisition 
 36.52  appropriations must provide the 
 36.53  information necessary to update public 
 36.54  recreation information maps to the 
 36.55  department of natural resources in the 
 36.56  specified form. 
 36.57  Subd. 14.  Project Requirements 
 36.58  It is a condition of acceptance of the 
 36.59  appropriations in this section that any 
 36.60  agency or entity receiving the 
 36.61  appropriation must comply with 
 37.1   Minnesota Statutes, chapter 116P, and 
 37.2   vegetation planted must be native to 
 37.3   Minnesota and preferably of the local 
 37.4   ecotype unless the work program 
 37.5   approved by the commission expressly 
 37.6   allows the planting of species that are 
 37.7   not native to Minnesota.  
 37.8   Subd. 15.  Match Requirements 
 37.9   Unless specifically authorized, 
 37.10  appropriations in this section that 
 37.11  must be matched and for which the match 
 37.12  has not been committed by December 31, 
 37.13  2003, are canceled, and in-kind 
 37.14  contributions may not be counted as 
 37.15  matching funds. 
 37.16  Subd. 16.  Payment Conditions and 
 37.17  Capital Equipment Expenditures 
 37.18  All agreements, grants, or contracts 
 37.19  referred to in this section must be 
 37.20  administered on a reimbursement basis.  
 37.21  Notwithstanding Minnesota Statutes, 
 37.22  section 16A.41, expenditures made on or 
 37.23  after July 1, 2003, or the date the 
 37.24  work program is approved, whichever is 
 37.25  later, are eligible for reimbursement 
 37.26  unless otherwise provided in this 
 37.27  section.  Payment must be made upon 
 37.28  receiving documentation that 
 37.29  project-eligible reimbursable amounts 
 37.30  have been expended, except that 
 37.31  reasonable amounts may be advanced to 
 37.32  projects in order to accommodate cash 
 37.33  flow needs.  The advances must be 
 37.34  approved as part of the work program.  
 37.35  No expenditures for capital equipment 
 37.36  are allowed unless expressly authorized 
 37.37  in the project work program. 
 37.38  Subd. 17.  Purchase of Recycled and 
 37.39  Recyclable Materials 
 37.40  A political subdivision, public or 
 37.41  private corporation, or other entity 
 37.42  that receives an appropriation in this 
 37.43  section must use the appropriation in 
 37.44  compliance with Minnesota Statutes, 
 37.45  sections 16B.121 and 16B.122, requiring 
 37.46  the purchase of recycled, repairable, 
 37.47  and durable materials; the purchase of 
 37.48  uncoated paper stock; and the use of 
 37.49  soy-based ink, the same as if it were a 
 37.50  state agency.  
 37.51  Subd. 18.  Energy Conservation 
 37.52  A recipient to whom an appropriation is 
 37.53  made in this section for a capital 
 37.54  improvement project shall ensure that 
 37.55  the project complies with the 
 37.56  applicable energy conservation 
 37.57  standards contained in law, including 
 37.58  Minnesota Statutes, sections 216C.19 
 37.59  and 216C.20, and rules adopted 
 37.60  thereunder.  The recipient may use the 
 37.61  energy planning, advocacy, and state 
 37.62  energy office units of the department 
 37.63  of commerce to obtain information and 
 38.1   technical assistance on energy 
 38.2   conservation and alternative energy 
 38.3   development relating to the planning 
 38.4   and construction of the capital 
 38.5   improvement project. 
 38.6   Subd. 19.  Accessibility 
 38.7   Structural and nonstructural facilities 
 38.8   must meet the design standards in the 
 38.9   Americans with Disability Act (ADA) 
 38.10  accessibility guidelines.  
 38.11  Subd. 20.  Carryforward 
 38.12  (a) The availability of the 
 38.13  appropriations for the following 
 38.14  projects is extended to June 30, 2004:  
 38.15  Laws 2001, First Special Session 
 38.16  chapter 2, section 14, subdivision 4, 
 38.17  paragraph (b), state fish hatchery 
 38.18  rehabilitation, paragraph (c), 
 38.19  enhancing Canada goose hunting and 
 38.20  management; subdivision 5, paragraph 
 38.21  (g), McQuade small craft harbor, 
 38.22  paragraph (i), Gateway trail bridge, 
 38.23  paragraph (p), state park and 
 38.24  recreation area acquisition, paragraph 
 38.25  (q), LAWCON; subdivision 6, paragraph 
 38.26  (d), determination of fecal pollution 
 38.27  sources in Minnesota; subdivision 7, 
 38.28  paragraph (e), Lake Superior Lakewide 
 38.29  Management Plan (LaMP); subdivision 8, 
 38.30  paragraph (b), agricultural land 
 38.31  preservation, paragraph (d), 
 38.32  accelerated technology transfer for 
 38.33  starch-based plastics; and subdivision 
 38.34  9, improving air quality by using 
 38.35  biodiesel in generators. 
 38.36  (b) The availability of the 
 38.37  appropriation from the trust fund for 
 38.38  the following project is extended to 
 38.39  June 30, 2004:  Laws 2001, First 
 38.40  Special Session chapter 2, section 14, 
 38.41  subdivision 3, paragraph (a), 
 38.42  legislative commission on Minnesota 
 38.43  resources.  During the 2004-2005 
 38.44  biennium the legislative commission on 
 38.45  Minnesota resources is not subject to 
 38.46  the limitation in uses of funds 
 38.47  provided under Minnesota Statutes, 
 38.48  section 16A.281. 
 38.49  (c) The availability of the 
 38.50  appropriation for the following project 
 38.51  is extended to June 30, 2005:  Laws 
 38.52  2001, First Special Session chapter 2, 
 38.53  section 14, subdivision 5, paragraph 
 38.54  (k), Gitchi-Gami state trail; and 
 38.55  subdivision 7, paragraph (a), hydraulic 
 38.56  impacts of quarries and gravel pits. 
 38.57     Sec. 14.  [SOLID WASTE FUND TRANSFER.] 
 38.58     (a) By June 30, 2003, the commissioner of the pollution 
 38.59  control agency shall transfer $11,000,000 from the unreserved 
 38.60  balance of the solid waste fund to the commissioner of finance 
 39.1   for cancellation to the general fund. 
 39.2      (b) The commissioner of the pollution control agency shall 
 39.3   transfer $5,000,000 before July 30, 2003, and $5,000,000 before 
 39.4   July 30, 2004, from the unreserved balance of the environmental 
 39.5   fund to the commissioner of finance for cancellation to the 
 39.6   general fund. 
 39.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 39.8   following final enactment.  
 39.9      Sec. 15.  Minnesota Statutes 2002, section 17.451, is 
 39.10  amended to read: 
 39.11     17.451 [DEFINITIONS.] 
 39.12     Subdivision 1.  [APPLICABILITY.] The definitions in this 
 39.13  section apply to this section and section 17.452. 
 39.14     Subd. 1a.  [CERVIDAE.] "Cervidae" means animals that are 
 39.15  members of the family Cervidae and includes, but is not limited 
 39.16  to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 
 39.17  reindeer, and muntjac. 
 39.18     Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
 39.19  members of the Cervidae family that are: 
 39.20     (1) raised for the any purpose of producing fiber, meat, or 
 39.21  animal by-products, as pets, or as breeding stock; and 
 39.22     (2) registered in a manner approved by the board of animal 
 39.23  health.  
 39.24     Subd. 3.  [OWNER.] "Owner" means a person who owns or is 
 39.25  responsible for the raising of farmed cervidae. 
 39.26     Subd. 4.  [HERD.] "Herd" means: 
 39.27     (1) all cervidae maintained on common ground for any 
 39.28  purpose; or 
 39.29     (2) all cervidae under common ownership or supervision, 
 39.30  geographically separated, but that have an interchange or 
 39.31  movement of animals without regard to whether the animals are 
 39.32  infected with or exposed to diseases. 
 39.33     Sec. 16.  Minnesota Statutes 2002, section 17.452, 
 39.34  subdivision 8, is amended to read: 
 39.35     Subd. 8.  [SLAUGHTER.] Farmed cervidae must be slaughtered 
 39.36  and inspected in accordance with chapters 31 and 31A or the 
 40.1   United States Department of Agriculture voluntary program for 
 40.2   exotic animals, Code of Federal Regulations, title 9, part 352. 
 40.3      Sec. 17.  Minnesota Statutes 2002, section 17.452, 
 40.4   subdivision 10, is amended to read: 
 40.5      Subd. 10.  [FENCING.] (a) Farmed cervidae must be confined 
 40.6   in a manner designed to prevent escape.  Fencing must meet the 
 40.7   requirements in this subdivision unless an alternative is 
 40.8   specifically approved by the commissioner.  The board of animal 
 40.9   health shall follow the guidelines established by the United 
 40.10  States Department of Agriculture in the program for eradication 
 40.11  of bovine tuberculosis.  Perimeter fencing must be of the 
 40.12  following heights: 
 40.13     (1) for fences constructed before August 1, 1995, for 
 40.14  farmed deer, at least 75 inches; 
 40.15     (2) for fences constructed before August 1, 1995, for 
 40.16  farmed elk, at least 90 inches; and 
 40.17     (3) for fences constructed on or after August 1, 1995, for 
 40.18  all farmed cervidae, at least 96 inches. 
 40.19     (b) The farmed cervidae advisory committee shall establish 
 40.20  guidelines designed to prevent the escape of farmed cervidae and 
 40.21  other appropriate management practices.  All perimeter fences 
 40.22  for farmed cervidae must be at least 96 inches in height and be 
 40.23  constructed and maintained in a way that prevents the escape of 
 40.24  farmed cervidae or entry into the premises by free-roaming 
 40.25  cervidae. 
 40.26     (c) The commissioner of agriculture in consultation with 
 40.27  the commissioner of natural resources shall adopt rules 
 40.28  prescribing fencing criteria for farmed cervidae. 
 40.29     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 40.30     Sec. 18.  Minnesota Statutes 2002, section 17.452, 
 40.31  subdivision 11, is amended to read: 
 40.32     Subd. 11.  [DISEASE INSPECTION CONTROL PROGRAMS.] Farmed 
 40.33  cervidae herds are subject to chapter 35 and the rules of the 
 40.34  board of animal health in the same manner as livestock and 
 40.35  domestic animals, including provisions relating to importation 
 40.36  and transportation. 
 41.1      Sec. 19.  Minnesota Statutes 2002, section 17.452, 
 41.2   subdivision 12, is amended to read: 
 41.3      Subd. 12.  [IDENTIFICATION.] (a) Farmed cervidae must be 
 41.4   identified by United States Department of Agriculture metal ear 
 41.5   tags, electronic implants, or other means of identification 
 41.6   approved by the board of animal health in consultation with the 
 41.7   commissioner of natural resources.  Beginning January 1, 2004, 
 41.8   the identification must be visible to the naked eye during 
 41.9   daylight under normal conditions at a distance of 50 yards.  
 41.10  Newborn or imported animals are required to must be identified 
 41.11  by March 1 of each year before December 31 of the year in which 
 41.12  the animal is born or before movement from the premises, 
 41.13  whichever occurs first.  The board shall authorize discrete 
 41.14  permanent identification for farmed cervidae in public displays 
 41.15  or other forums where visible identification is objectionable. 
 41.16     (b) Identification of farmed cervidae is subject to 
 41.17  sections 35.821 to 35.831. 
 41.18     (c) The board of animal health shall register farmed 
 41.19  cervidae upon request of the owner.  The owner must submit the 
 41.20  registration request on forms provided by the board.  The forms 
 41.21  must include sales receipts or other documentation of the origin 
 41.22  of the cervidae.  The board shall provide copies of the 
 41.23  registration information to the commissioner of natural 
 41.24  resources upon request.  The owner must keep written records of 
 41.25  the acquisition and disposition of registered farmed cervidae. 
 41.26     Sec. 20.  Minnesota Statutes 2002, section 17.452, 
 41.27  subdivision 13, is amended to read: 
 41.28     Subd. 13.  [INSPECTION.] The commissioner of agriculture 
 41.29  and the board of animal health may inspect farmed cervidae, 
 41.30  farmed cervidae facilities, and farmed cervidae records.  For 
 41.31  each herd, the owner or owners must, on or before January 1, pay 
 41.32  an annual inspection fee equal to $10 for each cervid in the 
 41.33  herd as reflected in the most recent inventory submitted to the 
 41.34  board of animal health up to a maximum fee of $100.  The 
 41.35  commissioner of natural resources may inspect farmed cervidae, 
 41.36  farmed cervidae facilities, and farmed cervidae records with 
 42.1   reasonable suspicion that laws protecting native wild animals 
 42.2   have been violated. and must notify the owner must be notified 
 42.3   in writing at the time of the inspection of the reason for the 
 42.4   inspection and informed must inform the owner in writing after 
 42.5   the inspection of whether (1) the cause of the inspection was 
 42.6   unfounded; or (2) there will be an ongoing investigation or 
 42.7   continuing evaluation. 
 42.8      Sec. 21.  Minnesota Statutes 2002, section 17.452, is 
 42.9   amended by adding a subdivision to read: 
 42.10     Subd. 13a.  [CERVIDAE INSPECTION ACCOUNT.] A cervidae 
 42.11  inspection account is established in the state treasury.  The 
 42.12  fees collected under subdivision 13 and interest attributable to 
 42.13  money in the account must be deposited in the state treasury and 
 42.14  credited to the cervidae inspection account in the special 
 42.15  revenue fund.  Money in the account, including interest earned, 
 42.16  is appropriated to the board of animal health for the 
 42.17  administration and enforcement of this section. 
 42.18     Sec. 22.  Minnesota Statutes 2002, section 17.452, is 
 42.19  amended by adding a subdivision to read: 
 42.20     Subd. 15.  [MANDATORY REGISTRATION.] A person may not 
 42.21  possess live cervidae in Minnesota unless the person is 
 42.22  registered with the board of animal health and meets all the 
 42.23  requirements for farmed cervidae under this section.  Cervidae 
 42.24  possessed in violation of this subdivision may be seized and 
 42.25  destroyed by the commissioner of natural resources. 
 42.26     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 42.27     Sec. 23.  Minnesota Statutes 2002, section 17.452, is 
 42.28  amended by adding a subdivision to read: 
 42.29     Subd. 16.  [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 
 42.30  DISEASE.] (a) An inventory for each farmed cervidae herd must be 
 42.31  verified by an accredited veterinarian and filed with the board 
 42.32  of animal health every 12 months. 
 42.33     (b) Movement of farmed cervidae from any premises to 
 42.34  another location must be reported to the board of animal health 
 42.35  within 14 days of the movement on forms approved by the board of 
 42.36  animal health. 
 43.1      (c) All animals from farmed cervidae herds that are over 16 
 43.2   months of age that die or are slaughtered must be tested for 
 43.3   chronic wasting disease. 
 43.4      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 43.5      Sec. 24.  Minnesota Statutes 2002, section 17.4988, is 
 43.6   amended to read: 
 43.7      17.4988 [LICENSE AND INSPECTION FEES.] 
 43.8      Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 43.9   license must be issued by the commissioner if the requirements 
 43.10  of law are met and the license and permit fees specified in this 
 43.11  section are paid. 
 43.12     Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 43.13  an aquatic farming license is $70 $210. 
 43.14     (b) The aquatic farming license may contain endorsements 
 43.15  for the rights and privileges of the following licenses under 
 43.16  the game and fish laws.  The endorsement must be made upon 
 43.17  payment of the license fee prescribed in section 97A.475 for the 
 43.18  following licenses: 
 43.19     (1) minnow dealer license; 
 43.20     (2) minnow retailer license for sale of minnows as bait; 
 43.21     (3) minnow exporting license; 
 43.22     (4) aquatic farm vehicle endorsement, which includes a 
 43.23  minnow dealer vehicle license, a minnow retailer vehicle 
 43.24  license, an exporting minnow vehicle license, and a fish vendor 
 43.25  license; 
 43.26     (5) sucker egg taking license; and 
 43.27     (6) game fish packers license. 
 43.28     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 43.29  inspections are:  
 43.30     (1) initial inspection of each water to be licensed, $50; 
 43.31     (2) fish health inspection and certification, $20 $60 plus 
 43.32  $100 $150 per lot thereafter; and 
 43.33     (3) initial inspection for containment and quarantine 
 43.34  facility inspections, $50 $100. 
 43.35     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 43.36  commercial aquarium facility must have a commercial aquarium 
 44.1   facility license issued by the commissioner if the facility 
 44.2   contains species of aquatic life that are for sale and that are 
 44.3   present in waters of the state.  The commissioner may require an 
 44.4   aquarium facility license for aquarium facilities importing or 
 44.5   holding species of aquatic life that are for sale and that are 
 44.6   not present in Minnesota if those species can survive in waters 
 44.7   of the state.  The fee for an aquarium facility license 
 44.8   is $19 $90. 
 44.9      (b) Game fish transferred by an aquarium facility must be 
 44.10  accompanied by a receipt containing the information required on 
 44.11  a shipping document by section 17.4985, subdivision 3, paragraph 
 44.12  (b). 
 44.13     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 44.14     Sec. 25.  Minnesota Statutes 2002, section 28A.08, 
 44.15  subdivision 3, is amended to read: 
 44.16     Subd. 3.  [FEES EFFECTIVE JULY 1, 1999 2003.] 
 44.17                                                    Penalties 
 44.18  Type of food handler                    License    Late     No
 44.19                                          Fee      Renewal  License
 44.20                                          Effective 
 44.21                                          July 1,
 44.22                                          1999
 44.23                                          2003
 44.24  1.   Retail food handler
 44.25       (a) Having gross sales of only
 44.26       prepackaged nonperishable food
 44.27       of less than $15,000 for 
 44.28       the immediately previous 
 44.29       license or fiscal year and 
 44.30       filing a statement with the 
 44.31       commissioner                       $ 48     $ 16     $ 27
 44.32                                                                
 44.33       (b) Having under $15,000 gross
 44.34       sales including food preparation 
 44.35       or having $15,000 to $50,000 
 44.36       gross sales for the immediately 
 45.1        previous license or fiscal year    $ 65     $ 16     $ 27
 45.2                                                                 
 45.3        (c) Having $50,000 to $250,000 
 45.4        gross sales for the immediately 
 45.5        previous license or fiscal year    $126     $ 37     $ 80 
 45.6                                                                 
 45.7        (d) Having $250,000 to 
 45.8        $1,000,000 gross sales for the 
 45.9        immediately previous license or 
 45.10       fiscal year                        $216     $ 54     $107
 45.11                                          $313     $ 96     $193
 45.12       (e) Having $1,000,000 to 
 45.13       $5,000,000 gross sales for the 
 45.14       immediately previous license or 
 45.15       fiscal year                        $601     $107     $187
 45.16                                          $902     $268     $536
 45.17       (f) Having $5,000,000 to
 45.18       $10,000,000 gross sales for the
 45.19       immediately previous license or
 45.20       fiscal year                        $842     $161     $321
 45.21                                        $1,263     $375     $750
 45.22       (g) Having over $10,000,000
 45.23       gross sales for the immediately
 45.24       previous license or fiscal year    $962     $214     $375
 45.25                                        $1,491     $429     $858
 45.26  2.   Wholesale food handler
 45.27       (a) Having gross sales or
 45.28       service of less than $25,000
 45.29       for the immediately previous 
 45.30       license or fiscal year             $ 54     $ 16     $ 16
 45.31                                                                
 45.32       (b) Having $25,000 to
 45.33       $250,000 gross sales or
 45.34       service for the immediately 
 45.35       previous license or fiscal year    $241     $ 54     $107
 45.36                                                                
 46.1        (c) Having $250,000 to 
 46.2        $1,000,000 gross sales or
 46.3        service from a mobile unit
 46.4        without a separate food facility
 46.5        for the immediately previous
 46.6        license or fiscal year             $361     $ 80     $161
 46.7                                           $523     $161     $322
 46.8        (d) Having $250,000 to 
 46.9        $1,000,000 gross sales or
 46.10       service not covered under 
 46.11       paragraph (c) for the immediately 
 46.12       previous license or fiscal year    $480     $107     $214
 46.13                                          $696     $214     $428
 46.14       (e) Having $1,000,000 to
 46.15       $5,000,000 gross sales or 
 46.16       service for the immediately 
 46.17       previous license or fiscal year    $601     $134     $268
 46.18                                          $902     $268     $536
 46.19       (f) Having over $5,000,000 gross
 46.20       sales for the immediately 
 46.21       previous license or fiscal year    $692     $161     $321
 46.22                                        $1,038     $309     $617
 46.23  3.   Food broker                        $120     $ 32     $ 54
 46.24                                          $150     $ 50     $ 99
 46.26  4.   Wholesale food processor
 46.27       or manufacturer 
 46.28       (a) Having gross sales of less 
 46.29       than $125,000 for the 
 46.30       immediately previous license 
 46.31       or fiscal year                     $161     $ 54     $107
 46.32                                                                
 46.33       (b) Having $125,000 to $250,000
 46.34       gross sales for the immediately 
 46.35       previous license or fiscal year    $332     $ 80     $161
 46.36                                          $415     $148     $296
 47.2        (c) Having $250,001 to $1,000,000
 47.3        gross sales for the immediately 
 47.4        previous license or fiscal year    $480     $107     $214
 47.5                                           $696     $214     $428
 47.6        (d) Having $1,000,001 to
 47.7        5,000,000 gross sales for the
 47.8        immediately previous license or
 47.9        fiscal year                        $601     $134     $268
 47.10                                          $902     $268     $536
 47.11       (e) Having $5,000,001 to 
 47.12       $10,000,000 gross sales for 
 47.13       the immediately previous 
 47.14       license or fiscal year             $692     $161     $321 
 47.15                                        $1,038     $309     $617
 47.16       (f) Having over $10,000,000 
 47.17       gross sales for the immediately 
 47.18       previous license or fiscal year    $963     $214     $375
 47.19                                        $1,493     $429     $859
 47.20  5.   Wholesale food processor of
 47.21       meat or poultry products
 47.22       under supervision of the
 47.23       U. S. Department of Agriculture 
 47.24       (a) Having gross sales of less 
 47.25       than $125,000 for the 
 47.26       immediately previous license 
 47.27       or fiscal year                     $107     $ 27     $ 54
 47.28                                                                
 47.29       (b) Having $125,000 to 
 47.30       $250,000 gross sales for the
 47.31       immediately previous license
 47.32       or fiscal year                     $181     $ 54     $ 80
 47.33                                          $226     $ 81     $162
 47.34       (c) Having $250,001 to
 47.35       $1,000,000 gross sales for the
 47.36       immediately previous license
 48.1        or fiscal year                     $271     $ 80     $134
 48.2                                           $393     $121     $242
 48.3        (d) Having $1,000,001 to
 48.4        $5,000,000 gross sales 
 48.5        for the immediately previous 
 48.6        license or fiscal year             $332     $ 80     $161
 48.7                                           $498     $148     $296
 48.8        (e) Having $5,000,001 to 
 48.9        $10,000,000 gross sales for 
 48.10       the immediately previous 
 48.11       license or fiscal year             $392     $107     $187 
 48.12                                          $588     $175     $350
 48.13       (f) Having over $10,000,000 
 48.14       gross sales for the immediately 
 48.15       previous license or fiscal year    $535     $161     $268 
 48.16                                          $829     $239     $477
 48.17  6.   Wholesale food processor or
 48.18       manufacturer operating only at
 48.19       the state fair                     $125     $ 40     $ 50 
 48.20  7.   Wholesale food manufacturer
 48.21       having the permission of the
 48.22       commissioner to use the name
 48.23       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
 48.24   8.  Nonresident frozen dairy 
 48.25       manufacturer                       $200     $ 50     $ 75
 48.26   9.  Wholesale food manufacturer
 48.27       processing less than 700,000
 48.28       pounds per year of raw milk        $ 30     $ 10     $ 15
 48.29   10. A milk marketing organization
 48.30       without facilities for 
 48.31       processing or manufacturing 
 48.32       that purchases milk from milk
 48.33       producers for delivery to a
 48.34       licensed wholesale food 
 48.35       processor or manufacturer          $ 50     $ 15     $ 25
 48.36     Sec. 26.  Minnesota Statutes 2002, section 28A.085, 
 49.1   subdivision 1, is amended to read: 
 49.2      Subdivision 1.  [VIOLATIONS; PROHIBITED ACTS.] The 
 49.3   commissioner may charge a reinspection fee for each reinspection 
 49.4   of a food handler that: 
 49.5      (1) is found with a major violation of requirements in 
 49.6   chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 
 49.7   under one of those chapters; 
 49.8      (2) is found with a violation of section 31.02, 31.161, or 
 49.9   31.165, and requires a follow-up inspection after an 
 49.10  administrative meeting held pursuant to section 31.14; or 
 49.11     (3) fails to correct equipment and facility deficiencies as 
 49.12  required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 
 49.13  or 34.  The first reinspection of a firm with gross food sales 
 49.14  under $1,000,000 must be assessed at $25 $75.  The fee for a 
 49.15  firm with gross food sales over $1,000,000 is $50 $100.  The fee 
 49.16  for a subsequent reinspection of a firm for the same violation 
 49.17  is 50 percent of their current license fee or $200, whichever is 
 49.18  greater.  The establishment must be issued written notice of 
 49.19  violations with a reasonable date for compliance listed on the 
 49.20  notice.  An initial inspection relating to a complaint is not a 
 49.21  reinspection. 
 49.22     Sec. 27.  Minnesota Statutes 2002, section 28A.09, 
 49.23  subdivision 1, is amended to read: 
 49.24     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
 49.25  coin-operated food vending machine is subject to an annual state 
 49.26  inspection fee of $15 $25 for each nonexempt machine except nut 
 49.27  vending machines which are subject to an annual state inspection 
 49.28  fee of $5 $10 for each machine, provided that: 
 49.29     (a) Food vending machines may be inspected by either a home 
 49.30  rule charter or statutory city, or a county, but not both, and 
 49.31  if inspected by a home rule charter or statutory city, or a 
 49.32  county they shall not be subject to the state inspection fee, 
 49.33  but the home rule charter or statutory city, or the county may 
 49.34  impose an inspection or license fee of no more than the state 
 49.35  inspection fee.  A home rule charter or statutory city or county 
 49.36  that does not inspect food vending machines shall not impose a 
 50.1   food vending machine inspection or license fee. 
 50.2      (b) Vending machines dispensing only gum balls, hard candy, 
 50.3   unsorted candy, or ice manufactured and packaged by another 
 50.4   shall be exempt from the state inspection fee, but may be 
 50.5   inspected by the state.  A home rule charter or statutory city 
 50.6   may impose by ordinance an inspection or license fee of no more 
 50.7   than the state inspection fee for nonexempt machines on the 
 50.8   vending machines described in this paragraph.  A county may 
 50.9   impose by ordinance an inspection or license fee of no more than 
 50.10  the state inspection fee for nonexempt machines on the vending 
 50.11  machines described in this paragraph which are not located in a 
 50.12  home rule charter or statutory city.  
 50.13     (c) Vending machines dispensing only bottled or canned soft 
 50.14  drinks are exempt from the state, home rule charter or statutory 
 50.15  city, and county inspection fees, but may be inspected by the 
 50.16  commissioner or the commissioner's designee. 
 50.17     Sec. 28.  Minnesota Statutes 2002, section 32.394, 
 50.18  subdivision 8, is amended to read: 
 50.19     Subd. 8.  [GRADE A INSPECTION FEES.] A processor or 
 50.20  marketing organization of milk, milk products, sheep milk, or 
 50.21  goat milk who wishes to market Grade A milk or use the Grade A 
 50.22  label must apply for Grade A inspection service from the 
 50.23  commissioner.  A pasteurization plant requesting Grade A 
 50.24  inspection service must hold a Grade A permit and pay an annual 
 50.25  inspection fee of no more than $500.  For Grade A farm 
 50.26  inspection service, the fee must be no more than $50 per farm, 
 50.27  paid annually by the processor or by the marketing organization 
 50.28  on behalf of its patrons.  For a farm requiring a reinspection 
 50.29  in addition to the required biannual inspections, an additional 
 50.30  fee of no more than $25 $45 per reinspection must be paid by the 
 50.31  processor or by the marketing organization on behalf of its 
 50.32  patrons.  The Grade A farm inspection fee must not exceed the 
 50.33  lesser of (1) 40 percent of the department's actual average cost 
 50.34  per farm inspection or reinspection; or (2) the dollar limits 
 50.35  set in this subdivision.  No fee increase may be implemented 
 50.36  until after the commissioner has held three or more public 
 51.1   hearings.  
 51.2      Sec. 29.  Minnesota Statutes 2002, section 32.394, 
 51.3   subdivision 8b, is amended to read: 
 51.4      Subd. 8b.  [MANUFACTURING GRADE FARM CERTIFICATION.] A 
 51.5   processor or marketing organization of milk, milk products, 
 51.6   sheep milk, or goat milk who wishes to market other than Grade A 
 51.7   milk must apply for a manufacturing grade farm certification 
 51.8   inspection from the commissioner.  A manufacturing plant that 
 51.9   pasteurizes milk or milk by-products must pay an annual fee 
 51.10  based on the number of pasteurization units.  This fee must not 
 51.11  exceed $140 per unit.  The fee for farm certification inspection 
 51.12  must not be more than $25 per farm to be paid annually by the 
 51.13  processor or by the marketing organization on behalf of its 
 51.14  patrons.  For a farm requiring more than the one inspection for 
 51.15  certification, a reinspection fee of no more than $25 $45 must 
 51.16  be paid by the processor or by the marketing organization on 
 51.17  behalf of its patrons.  The fee must be set by the commissioner 
 51.18  in an amount necessary to cover 40 percent of the department's 
 51.19  actual cost of providing the annual inspection but must not 
 51.20  exceed the limits in this subdivision.  No fee increase may be 
 51.21  implemented until after the commissioner has held three or more 
 51.22  public hearings.  
 51.23     Sec. 30.  Minnesota Statutes 2002, section 32.394, 
 51.24  subdivision 8d, is amended to read: 
 51.25     Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
 51.26  pay to the commissioner a fee for fluid milk processed and milk 
 51.27  used in the manufacture of fluid milk products sold for retail 
 51.28  sale in Minnesota.  Beginning May 1, 1993, the fee is six cents 
 51.29  per hundredweight.  If the commissioner determines that a 
 51.30  different fee, in an amount not less than five cents and not 
 51.31  more than nine cents per hundredweight, when combined with 
 51.32  general fund appropriations and fees charged under sections 
 51.33  31.39 and 32.394, subdivision 8, is needed to provide adequate 
 51.34  funding for the Grades A and B inspection programs and the 
 51.35  administration and enforcement of Laws 1993, chapter 65, the 
 51.36  commissioner may, by rule, change the fee on processors within 
 52.1   the range provided within this subdivision as set by the 
 52.2   commissioner's order. 
 52.3      (b) Processors must report quantities of milk processed 
 52.4   under paragraph (a) on forms provided by the commissioner.  
 52.5   Processor fees must be paid monthly.  The commissioner may 
 52.6   require the production of records as necessary to determine 
 52.7   compliance with this subdivision. 
 52.8      (c) The commissioner may create within the department a 
 52.9   dairy consulting program to provide assistance to dairy 
 52.10  producers who are experiencing problems meeting the sanitation 
 52.11  and quality requirements of the dairy laws and rules. 
 52.12     The commissioner may use money appropriated from the dairy 
 52.13  services account created in subdivision 9 to pay for the program 
 52.14  authorized in this paragraph. 
 52.15     Sec. 31.  Minnesota Statutes 2002, section 35.155, is 
 52.16  amended to read: 
 52.17     35.155 [CERVIDAE IMPORT RESTRICTIONS.] 
 52.18     (a) A person must not import cervidae into the state from a 
 52.19  herd that is infected or exposed to chronic wasting disease or 
 52.20  from a known chronic wasting disease endemic area, as determined 
 52.21  by the board.  A person may import cervidae into the state only 
 52.22  from a herd that is not in a known chronic wasting disease 
 52.23  endemic area, as determined by the board, and the herd has been 
 52.24  subject to a state or provincial approved chronic wasting 
 52.25  disease monitoring program for at least three years.  Cervidae 
 52.26  imported in violation of this section may be seized and 
 52.27  destroyed by the commissioner of natural resources. 
 52.28     (b) This section expires on June 1, 2003. 
 52.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 52.30  following final enactment. 
 52.31     Sec. 32.  Minnesota Statutes 2002, section 41A.09, 
 52.32  subdivision 3a, is amended to read: 
 52.33     Subd. 3a.  [PAYMENTS.] (a) The commissioner of agriculture 
 52.34  shall make cash payments to producers of ethanol, anhydrous 
 52.35  alcohol, and wet alcohol located in the state.  These payments 
 52.36  shall apply only to ethanol, anhydrous alcohol, and wet alcohol 
 53.1   fermented in the state and produced at plants that have begun 
 53.2   production by June 30, 2000.  For the purpose of this 
 53.3   subdivision, an entity that holds a controlling interest in more 
 53.4   than one ethanol plant is considered a single producer.  The 
 53.5   amount of the payment for each producer's annual production is: 
 53.6      (1) except as provided in paragraph (b), for each gallon of 
 53.7   ethanol or anhydrous alcohol produced on or before June 30, 
 53.8   2000, or ten years after the start of production, whichever is 
 53.9   later, 19 16 cents per gallon; and 
 53.10     (2) for each gallon produced of wet alcohol on or before 
 53.11  June 30, 2000, or ten years after the start of production, 
 53.12  whichever is later, a payment in cents per gallon calculated by 
 53.13  the formula "alcohol purity in percent divided by five," and 
 53.14  rounded to the nearest cent per gallon, but not less than 11 
 53.15  cents per gallon of ethanol produced after ten years of 
 53.16  production up to one-fourth of the number of gallons, rounded to 
 53.17  the nearest gallon, for which the producer received payment 
 53.18  under clause (1) after August 15, 2003, 16 cents per gallon. 
 53.19     The producer payments for anhydrous alcohol and wet alcohol 
 53.20  under this section may be paid to either the original producer 
 53.21  of anhydrous alcohol or wet alcohol or the secondary processor, 
 53.22  at the option of the original producer, but not to both. 
 53.23     No payments shall be made under clause (1) for production 
 53.24  that occurs after June 30, 2010. 
 53.25     (b) If the level of production at an ethanol plant 
 53.26  increases due to an increase in the production capacity of the 
 53.27  plant, the payment under paragraph (a), clause (1), applies to 
 53.28  the additional increment of production until ten years after the 
 53.29  increased production began.  Once a plant's production capacity 
 53.30  reaches 15,000,000 gallons per year, no additional increment 
 53.31  will qualify for the payment. 
 53.32     (c) The commissioner shall make payments to producers of 
 53.33  ethanol or wet alcohol in the amount of 1.5 cents for each 
 53.34  kilowatt hour of electricity generated using closed-loop biomass 
 53.35  in a cogeneration facility at an ethanol plant located in the 
 53.36  state.  Payments under this paragraph shall be made only for 
 54.1   electricity generated at cogeneration facilities that begin 
 54.2   operation by June 30, 2000.  The payments apply to electricity 
 54.3   generated on or before the date ten years after the producer 
 54.4   first qualifies for payment under this paragraph.  Total 
 54.5   payments under this paragraph in any fiscal year may not exceed 
 54.6   $750,000.  For the purposes of this paragraph: 
 54.7      (1) "closed-loop biomass" means any organic material from a 
 54.8   plant that is planted for the purpose of being used to generate 
 54.9   electricity or for multiple purposes that include being used to 
 54.10  generate electricity; and 
 54.11     (2) "cogeneration" means the combined generation of: 
 54.12     (i) electrical or mechanical power; and 
 54.13     (ii) steam or forms of useful energy, such as heat, that 
 54.14  are used for industrial, commercial, heating, or cooling 
 54.15  purposes. 
 54.16     (d) Payments under paragraphs (a) and (b) to all producers 
 54.17  may not exceed $35,150,000 in a fiscal year.  Total payments 
 54.18  under paragraphs (a) and (b) to a producer in a fiscal year may 
 54.19  not exceed $2,850,000 $2,400,000. 
 54.20     (e) (d) By the last day of October, January, April, and 
 54.21  July, each producer shall file a claim for payment for ethanol, 
 54.22  anhydrous alcohol, and wet alcohol production during the 
 54.23  preceding three calendar months.  A producer with more than one 
 54.24  plant shall file a separate claim for each plant.  A producer 
 54.25  that files a claim under this subdivision shall include a 
 54.26  statement of the producer's total ethanol, anhydrous alcohol, 
 54.27  and wet alcohol production in Minnesota during the quarter 
 54.28  covered by the claim, including anhydrous alcohol and wet 
 54.29  alcohol produced or received from an outside source.  A producer 
 54.30  shall file a separate claim for any amount claimed under 
 54.31  paragraph (c).  For each claim and statement of total ethanol, 
 54.32  anhydrous alcohol, and wet alcohol production filed under this 
 54.33  subdivision, the volume of ethanol, anhydrous alcohol, and wet 
 54.34  alcohol production or amounts of electricity generated using 
 54.35  closed-loop biomass must be examined by an independent certified 
 54.36  public accountant in accordance with standards established by 
 55.1   the American Institute of Certified Public Accountants. 
 55.2      (f) (e) Payments shall be made November 15, February 15, 
 55.3   May 15, and August 15.  A separate payment shall be made for 
 55.4   each claim filed.  Except as provided in paragraph (j) (f), the 
 55.5   total quarterly payment to a producer under this paragraph, 
 55.6   excluding amounts paid under paragraph (c), may not exceed 
 55.7   $750,000 $600,000.  
 55.8      (g) If the total amount for which all producers are 
 55.9   eligible in a quarter under paragraph (c) exceeds the amount 
 55.10  available for payments, the commissioner shall make payments in 
 55.11  the order in which the plants covered by the claims began 
 55.12  generating electricity using closed-loop biomass. 
 55.13     (h) After July 1, 1997, new production capacity is only 
 55.14  eligible for payment under this subdivision if the commissioner 
 55.15  receives: 
 55.16     (1) an application for approval of the new production 
 55.17  capacity; 
 55.18     (2) an appropriate letter of long-term financial commitment 
 55.19  for construction of the new production capacity; and 
 55.20     (3) copies of all necessary permits for construction of the 
 55.21  new production capacity. 
 55.22     The commissioner may approve new production capacity based 
 55.23  on the order in which the applications are received.  
 55.24     (i) The commissioner may not approve any new production 
 55.25  capacity after July 1, 1998, except that a producer with an 
 55.26  approved production capacity of at least 12,000,000 gallons per 
 55.27  year but less than 15,000,000 gallons per year prior to July 1, 
 55.28  1998, is approved for 15,000,000 gallons of production capacity. 
 55.29     (j) (f) Notwithstanding the quarterly payment limits of 
 55.30  paragraph (f) (e), the commissioner shall make an additional 
 55.31  payment in the eighth fourth quarter of each fiscal biennium 
 55.32  year to ethanol producers for the lesser of:  (1) 19 16 cents 
 55.33  per gallon of production in the eighth fourth quarter of the 
 55.34  biennium year that is greater than 3,750,000 gallons; or (2) the 
 55.35  total amount of payments lost during the first seven three 
 55.36  quarters of the biennium fiscal year due to plant outages, 
 56.1   repair, or major maintenance.  Total payments to an ethanol 
 56.2   producer in a fiscal biennium year, including any payment under 
 56.3   this paragraph, must not exceed the total amount the producer is 
 56.4   eligible to receive based on the producer's approved production 
 56.5   capacity.  The provisions of this paragraph apply only to 
 56.6   production losses that occur in quarters beginning after 
 56.7   December 31, 1999. 
 56.8      (k) For the purposes of this subdivision "new production 
 56.9   capacity" means annual ethanol production capacity that was not 
 56.10  allowed under a permit issued by the pollution control agency 
 56.11  prior to July 1, 1997, or for which construction did not begin 
 56.12  prior to July 1, 1997. 
 56.13     (g) Notwithstanding the quarterly or annual payment 
 56.14  limitations in this subdivision, in fiscal year 2008, the 
 56.15  commissioner shall reimburse ethanol producers for eligible 
 56.16  unpaid claims that occurred in fiscal year 2003. 
 56.17     Sec. 33.  Minnesota Statutes 2002, section 41A.09, is 
 56.18  amended by adding a subdivision to read: 
 56.19     Subd. 3b.  [ETHANOL PLANT IN A CITY OF THE FIRST CLASS.] An 
 56.20  ethanol plant located in a city of the first class is not 
 56.21  eligible for the ethanol producer payments authorized under 
 56.22  subdivision 3a for ethanol produced after June 30, 2003. 
 56.23     Sec. 34.  Minnesota Statutes 2002, section 41A.09, 
 56.24  subdivision 5a, is amended to read: 
 56.25     Subd. 5a.  [EXPIRATION.] This section expires June 30, 2010 
 56.26  2012, and the unobligated balance of each appropriation under 
 56.27  this section on that date reverts to the general fund. 
 56.28     Sec. 35.  Minnesota Statutes 2002, section 84.027, 
 56.29  subdivision 13, is amended to read: 
 56.30     Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 56.31  natural resources may adopt rules under sections 97A.0451 to 
 56.32  97A.0459 and this subdivision that are authorized under: 
 56.33     (1) chapters 97A, 97B, and 97C to set open seasons and 
 56.34  areas, to close seasons and areas, to select hunters for areas, 
 56.35  to provide for tagging and registration of game, to prohibit or 
 56.36  allow taking of wild animals to protect a species, to prevent or 
 57.1   control wildlife disease, and to prohibit or allow importation, 
 57.2   transportation, or possession of a wild animal; 
 57.3      (2) sections 84.093, 84.15, and 84.152 to set seasons for 
 57.4   harvesting wild ginseng roots and wild rice and to restrict or 
 57.5   prohibit harvesting in designated areas; and 
 57.6      (3) section 84D.12 to designate prohibited exotic species, 
 57.7   regulated exotic species, unregulated exotic species, and 
 57.8   infested waters. 
 57.9      (b) If conditions exist that do not allow the commissioner 
 57.10  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 57.11  may adopt a rule under this subdivision by submitting the rule 
 57.12  to the attorney general for review under section 97A.0455, 
 57.13  publishing a notice in the State Register and filing the rule 
 57.14  with the secretary of state and the legislative coordinating 
 57.15  commission, and complying with section 97A.0459, and including a 
 57.16  statement of the emergency conditions and a copy of the rule in 
 57.17  the notice.  The notice may be published after it is received 
 57.18  from the attorney general or five business days after it is 
 57.19  submitted to the attorney general, whichever is earlier. 
 57.20     (c) Rules adopted under paragraph (b) are effective upon 
 57.21  publishing in the State Register and may be effective up to 
 57.22  seven days before publishing and filing under paragraph (b), if: 
 57.23     (1) the commissioner of natural resources determines that 
 57.24  an emergency exists; 
 57.25     (2) the attorney general approves the rule; and 
 57.26     (3) for a rule that affects more than three counties the 
 57.27  commissioner publishes the rule once in a legal newspaper 
 57.28  published in Minneapolis, St. Paul, and Duluth, or for a rule 
 57.29  that affects three or fewer counties the commissioner publishes 
 57.30  the rule once in a legal newspaper in each of the affected 
 57.31  counties. 
 57.32     (d) Except as provided in paragraph (e), a rule published 
 57.33  under paragraph (c), clause (3), may not be effective earlier 
 57.34  than seven days after publication. 
 57.35     (e) A rule published under paragraph (c), clause (3), may 
 57.36  be effective the day the rule is published if the commissioner 
 58.1   gives notice and holds a public hearing on the rule within 15 
 58.2   days before publication. 
 58.3      (f) The commissioner shall attempt to notify persons or 
 58.4   groups of persons affected by rules adopted under paragraphs (b) 
 58.5   and (c) by public announcements, posting, and other appropriate 
 58.6   means as determined by the commissioner. 
 58.7      (g) Notwithstanding section 97A.0458, a rule adopted under 
 58.8   this subdivision is effective for the period stated in the 
 58.9   notice but not longer than 18 months after the rule is adopted. 
 58.10     Sec. 36.  Minnesota Statutes 2002, section 84.029, 
 58.11  subdivision 1, is amended to read: 
 58.12     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
 58.13  AND OPERATION.] In addition to other lawful authority, the 
 58.14  commissioner of natural resources may establish, develop, 
 58.15  maintain, and operate recreational areas, including but not 
 58.16  limited to trails and canoe routes, for the use and enjoyment of 
 58.17  the public on any state-owned or leased land under the 
 58.18  commissioner's jurisdiction.  Each employee of the department of 
 58.19  natural resources, while engaged in employment in connection 
 58.20  with such recreational areas, has and possesses the authority 
 58.21  and power of a peace officer when so designated by the 
 58.22  commissioner The commissioner may employ and designate 
 58.23  individuals according to section 85.04 to enforce laws governing 
 58.24  the use of recreational areas. 
 58.25     Sec. 37.  Minnesota Statutes 2002, section 84.085, 
 58.26  subdivision 1, is amended to read: 
 58.27     Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
 58.28  natural resources may accept for and on behalf of the state any 
 58.29  gift, bequest, devise, or grants of lands or interest in lands 
 58.30  or personal property of any kind or of money tendered to the 
 58.31  state for any purpose pertaining to the activities of the 
 58.32  department or any of its divisions.  Any money so received is 
 58.33  hereby appropriated and dedicated for the purpose for which it 
 58.34  is granted.  Lands and interests in lands so received may be 
 58.35  sold or exchanged as provided in chapter 94.  
 58.36     (b) The commissioner of natural resources, on behalf of the 
 59.1   state, may accept and use grants of money or property from the 
 59.2   United States or other grantors for conservation purposes not 
 59.3   inconsistent with the laws of this state.  Any money or property 
 59.4   so received is hereby appropriated and dedicated for the 
 59.5   purposes for which it is granted, and shall be expended or used 
 59.6   solely for such purposes in accordance with the federal laws and 
 59.7   regulations pertaining thereto, subject to applicable state laws 
 59.8   and rules as to manner of expenditure or use providing that the 
 59.9   commissioner may make subgrants of any money received to other 
 59.10  agencies, units of local government, private individuals, 
 59.11  private organizations, and private nonprofit corporations.  
 59.12  Appropriate funds and accounts shall be maintained by the 
 59.13  commissioner of finance to secure compliance with this section. 
 59.14     (c) The commissioner may accept for and on behalf of the 
 59.15  permanent school fund a donation of lands, interest in lands, or 
 59.16  improvements on lands.  A donation so received shall become 
 59.17  state property, be classified as school trust land as defined in 
 59.18  section 92.025, and be managed consistent with section 127A.31. 
 59.19     Sec. 38.  Minnesota Statutes 2002, section 84.091, 
 59.20  subdivision 2, is amended to read: 
 59.21     Subd. 2.  [LICENSE REQUIRED; EXCEPTION.] (a) Except as 
 59.22  provided in paragraph (b), a person may not harvest, buy, sell, 
 59.23  transport, or possess aquatic plants without a license required 
 59.24  under this chapter.  A license shall be issued in the same 
 59.25  manner as provided under the game and fish laws. 
 59.26     (b) A resident under the age of 16 18 years may harvest 
 59.27  wild rice without a license, if accompanied by a person with a 
 59.28  wild rice license. 
 59.29     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 59.30     Sec. 39.  Minnesota Statutes 2002, section 84.091, 
 59.31  subdivision 3, is amended to read: 
 59.32     Subd. 3.  [LICENSE FEES.] (a) The fees for the following 
 59.33  licenses, to be issued to residents only, are: 
 59.34     (1) for harvesting wild rice, $12.50: 
 59.35     (i) for a season, $25; and 
 59.36     (ii) for one day, $15; 
 60.1      (2) for buying and selling wild ginseng, $5; 
 60.2      (3) for a wild rice dealer's license to buy and sell 50,000 
 60.3   pounds or less, $70; and 
 60.4      (4) for a wild rice dealer's license to buy and sell more 
 60.5   than 50,000 pounds, $250.  
 60.6      (b) The fee for a nonresident one-day license to harvest 
 60.7   wild rice is $30. 
 60.8      (c) The weight of the wild rice shall be determined in its 
 60.9   raw state.  
 60.10     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 60.11     Sec. 40.  Minnesota Statutes 2002, section 84.0911, is 
 60.12  amended to read: 
 60.13     84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 
 60.14     Subdivision 1.  [ESTABLISHMENT ACCOUNT ESTABLISHED.] The 
 60.15  wild rice management account is established as an account in the 
 60.16  state treasury game and fish fund. 
 60.17     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 60.18  rice licenses issued by the commissioner under section 84.091, 
 60.19  subdivision 3, paragraph (a), clauses (1) and, (3), and (4), and 
 60.20  subdivision 3, paragraph (b), shall be credited to the wild rice 
 60.21  management account.  
 60.22     Subd. 3.  [USE OF MONEY IN ACCOUNT.] (a) Money in the wild 
 60.23  rice management account shall be used by is annually 
 60.24  appropriated to the commissioner and shall be used for 
 60.25  management of designated public waters to improve natural wild 
 60.26  rice production. 
 60.27     (b) Money that is not appropriated from the wild rice 
 60.28  management account does not cancel but shall remain in the wild 
 60.29  rice management account until appropriated. 
 60.30     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 60.31     Sec. 41.  Minnesota Statutes 2002, section 84.788, 
 60.32  subdivision 3, is amended to read: 
 60.33     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 60.34  for registration or continued registration must be made to the 
 60.35  commissioner or an authorized deputy registrar of motor vehicles 
 60.36  in a form prescribed by the commissioner.  The form must state 
 61.1   the name and address of every owner of the off-highway 
 61.2   motorcycle. 
 61.3      (b) A person who purchases from a retail dealer an 
 61.4   off-highway motorcycle that is intended to be operated on public 
 61.5   lands or waters shall make application for registration to the 
 61.6   dealer at the point of sale.  The dealer shall issue a temporary 
 61.7   ten-day registration permit to each purchaser who applies to the 
 61.8   dealer for registration.  The dealer shall submit the completed 
 61.9   registration applications and fees to the deputy registrar at 
 61.10  least once each week.  No fee may be charged by a dealer to a 
 61.11  purchaser for providing the temporary permit. 
 61.12     (c) Upon receipt of the application and the appropriate 
 61.13  fee, the commissioner or deputy registrar shall issue to the 
 61.14  applicant, or provide to the dealer, a 60-day temporary receipt 
 61.15  and shall assign a registration number that must be affixed to 
 61.16  the motorcycle in a manner prescribed by the commissioner.  A 
 61.17  dealer subject to paragraph (b) shall provide the registration 
 61.18  materials and temporary receipt to the purchaser within the 
 61.19  ten-day temporary permit period. 
 61.20     (d) The commissioner shall develop a registration system to 
 61.21  register vehicles under this section.  A deputy registrar of 
 61.22  motor vehicles acting under section 168.33, is also a deputy 
 61.23  registrar of off-highway motorcycles.  The commissioner of 
 61.24  natural resources in agreement with the commissioner of public 
 61.25  safety may prescribe the accounting and procedural requirements 
 61.26  necessary to ensure efficient handling of registrations and 
 61.27  registration fees.  Deputy registrars shall strictly comply with 
 61.28  the accounting and procedural requirements.  
 61.29     (e) A fee of $2 In addition to other fees prescribed by 
 61.30  law, a filing fee of $4.50 is charged for each off-highway 
 61.31  motorcycle registration renewal, duplicate or replacement 
 61.32  registration card, and replacement decal and a filing fee of $7 
 61.33  is charged for each off-highway motorcycle registered 
 61.34  registration and registration transfer issued by: 
 61.35     (1) a deputy registrar and must be deposited in the 
 61.36  treasury of the jurisdiction where the deputy is appointed, or 
 62.1   kept if the deputy is not a public official; or 
 62.2      (2) the commissioner and must be deposited in the state 
 62.3   treasury and credited to the off-highway motorcycle account. 
 62.4      Sec. 42.  Minnesota Statutes 2002, section 84.798, 
 62.5   subdivision 3, is amended to read: 
 62.6      Subd. 3.  [APPLICATION; ISSUANCE.] (a) Application for 
 62.7   registration or continued registration must be made to the 
 62.8   commissioner, or an authorized deputy registrar of motor 
 62.9   vehicles in a form prescribed by the commissioner.  The form 
 62.10  must state the name and address of every owner of the off-road 
 62.11  vehicle.  Upon receipt of the application and the appropriate 
 62.12  fee, the commissioner shall register the off-road vehicle and 
 62.13  assign a registration number that must be affixed to the vehicle 
 62.14  in accordance with subdivision 4.  
 62.15     (b) A deputy registrar of motor vehicles acting under 
 62.16  section 168.33 is also a deputy registrar of off-road vehicles.  
 62.17  The commissioner of natural resources in cooperation with the 
 62.18  commissioner of public safety may prescribe the accounting and 
 62.19  procedural requirements necessary to ensure efficient handling 
 62.20  of registrations and registration fees.  Deputy registrars shall 
 62.21  strictly comply with the accounting and procedural 
 62.22  requirements.  A fee of $2 In addition to other fees prescribed 
 62.23  by law must be, a filing fee of $4.50 is charged for each 
 62.24  off-road vehicle registration renewal, duplicate or replacement 
 62.25  registration card, and replacement decal and a filing fee of $7 
 62.26  is charged for each off-road vehicle registered registration and 
 62.27  registration transfer issued by: 
 62.28     (1) a deputy registrar and must be deposited in the 
 62.29  treasury of the jurisdiction where the deputy is appointed, or 
 62.30  retained if the deputy is not a public official; or 
 62.31     (2) the commissioner and must be deposited in the state 
 62.32  treasury and credited to the off-road vehicle account. 
 62.33     Sec. 43.  Minnesota Statutes 2002, section 84.922, 
 62.34  subdivision 2, is amended to read: 
 62.35     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 62.36  for registration or continued registration shall be made to the 
 63.1   commissioner of natural resources, the commissioner of public 
 63.2   safety or an authorized deputy registrar of motor vehicles in a 
 63.3   form prescribed by the commissioner.  The form must state the 
 63.4   name and address of every owner of the vehicle.  
 63.5      (b) A person who purchases an all-terrain vehicle from a 
 63.6   retail dealer shall make application for registration to the 
 63.7   dealer at the point of sale.  The dealer shall issue a temporary 
 63.8   ten-day registration permit to each purchaser who applies to the 
 63.9   dealer for registration.  The dealer shall submit the completed 
 63.10  registration application and fees to the deputy registrar at 
 63.11  least once each week.  No fee may be charged by a dealer to a 
 63.12  purchaser for providing the temporary permit. 
 63.13     (c) Upon receipt of the application and the appropriate 
 63.14  fee, the commissioner or deputy registrar shall issue to the 
 63.15  applicant, or provide to the dealer, a 60-day temporary receipt 
 63.16  and shall assign a registration number that must be affixed to 
 63.17  the vehicle in a manner prescribed by the commissioner.  A 
 63.18  dealer subject to paragraph (b) shall provide the registration 
 63.19  materials and temporary receipt to the purchaser within the 
 63.20  ten-day temporary permit period.  The commissioner shall use the 
 63.21  snowmobile registration system to register vehicles under this 
 63.22  section.  
 63.23     (d) Each deputy registrar of motor vehicles acting under 
 63.24  section 168.33, is also a deputy registrar of all-terrain 
 63.25  vehicles.  The commissioner of natural resources in agreement 
 63.26  with the commissioner of public safety may prescribe the 
 63.27  accounting and procedural requirements necessary to assure 
 63.28  efficient handling of registrations and registration fees. 
 63.29  Deputy registrars shall strictly comply with the accounting and 
 63.30  procedural requirements.  
 63.31     (e) A fee of $2 In addition to other fees prescribed by law 
 63.32  shall be, a filing fee of $4.50 is charged for each all-terrain 
 63.33  vehicle registration renewal, duplicate or replacement 
 63.34  registration card, and replacement decal and a filing fee of $7 
 63.35  is charged for each all-terrain vehicle registered registration 
 63.36  and registration transfer issued by: 
 64.1      (1) a deputy registrar and shall be deposited in the 
 64.2   treasury of the jurisdiction where the deputy is appointed, or 
 64.3   retained if the deputy is not a public official; or 
 64.4      (2) the commissioner and shall be deposited to the state 
 64.5   treasury and credited to the all-terrain vehicle account in the 
 64.6   natural resources fund. 
 64.7      Sec. 44.  [84.991] [MINNESOTA CONSERVATION CORPS.] 
 64.8      Subdivision 1.  [TRANSFER.] (a) The Minnesota conservation 
 64.9   corps is moved to the friends of the Minnesota conservation 
 64.10  corps, an existing nonprofit corporation under section 501(c)(3) 
 64.11  of the Internal Revenue Code of 1986, as amended, doing business 
 64.12  as the Minnesota conservation corps under the supervision of a 
 64.13  board of directors. 
 64.14     (b) The expenditure of state funds by the Minnesota 
 64.15  conservation corps is subject to audit by the legislative 
 64.16  auditor and regular annual report to the legislature in general 
 64.17  and specifically to the house of representatives and senate 
 64.18  committees with jurisdiction over environment and natural 
 64.19  resources policy and finance. 
 64.20     Subd. 2.  [STAFF; CORPS MEMBERS.] (a) Staff employed by the 
 64.21  Minnesota conservation corps are not state employees, but, at 
 64.22  the option of the board of directors of the nonprofit 
 64.23  corporation, and at the expense of the corporation or its staff, 
 64.24  may participate in state retirement and deferred compensation 
 64.25  plans that apply to state employees. 
 64.26     (b) Employment as a Minnesota conservation corps member is 
 64.27  noncovered employment for purposes of eligibility for 
 64.28  unemployment benefits under chapter 268. 
 64.29     (c) The Minnesota conservation corps is authorized to 
 64.30  continue to have staff and corps members participate in the 
 64.31  state of Minnesota workers' compensation program through the 
 64.32  department of natural resources.  Staff and corps members' claim 
 64.33  and administrative costs will be allocated and set annually by 
 64.34  the department of natural resources in a manner that is 
 64.35  consistent with how these costs are allocated across that 
 64.36  agency's operations.  The friends of the Minnesota conservation 
 65.1   corps shall establish and follow loss control strategies that 
 65.2   are consistent with loss control activities of the department of 
 65.3   natural resources.  In the event that the friends of the 
 65.4   Minnesota conservation corps becomes insolvent or cannot 
 65.5   otherwise fund its claim and administrative costs, liability for 
 65.6   these costs will be assumed by the department of natural 
 65.7   resources. 
 65.8      (d) The Minnesota conservation corps is a training and 
 65.9   service program and exempt from Minnesota prevailing wage 
 65.10  guidelines. 
 65.11     Subd. 3.  [STATE AND OTHER AGENCY COLLABORATION; CONTRACT 
 65.12  BIDDING STATUS.] The departments of natural resources, 
 65.13  agriculture, public safety, transportation, and other 
 65.14  appropriate state agencies shall constructively collaborate with 
 65.15  the Minnesota conservation corps. 
 65.16     Subd. 4.  [EQUIPMENT AND SERVICE PURCHASES; STATE 
 65.17  CONTRACTS.] The Minnesota conservation corps may purchase or 
 65.18  lease equipment and services, including fleet, through state 
 65.19  contracts administered by the commissioner of administration or 
 65.20  the department of natural resources. 
 65.21     Subd. 5.  [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 
 65.22  PROJECTS.] Each employing state or local agency must certify 
 65.23  that the assignment of Minnesota conservation corps members will 
 65.24  not result in the displacement of currently employed workers or 
 65.25  workers on seasonal layoff, including partial displacement such 
 65.26  as reduction in hours of nonovertime work, wages, or other 
 65.27  employment benefits.  Supervising agencies that participate in 
 65.28  the program may not terminate, lay off, reduce the seasonal 
 65.29  hours, or reduce the working hours of any employee for the 
 65.30  purpose of using a corps member with available funds.  The 
 65.31  positions and job duties of corps members employed in projects 
 65.32  shall be submitted to affected exclusive representatives prior 
 65.33  to actual assignment. 
 65.34     Subd. 6.  [JOINT POWERS.] Section 471.59 relating to joint 
 65.35  exercise of powers applies to the Minnesota conservation corps. 
 65.36     Sec. 45.  Minnesota Statutes 2002, section 84A.02, is 
 66.1   amended to read: 
 66.2      84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
 66.3      (a) The department of natural resources shall manage and 
 66.4   control the Red Lake game preserve.  The department may adopt 
 66.5   and enforce rules for the care, preservation, protection, 
 66.6   breeding, propagation, and disposition of all species of 
 66.7   wildlife in the preserve.  The department may adopt and enforce 
 66.8   rules for the regulation, issuance, sale, and revocation of 
 66.9   special licenses or special permits for hunting, fishing, 
 66.10  camping, and other uses of this area, consistent with sections 
 66.11  84A.01 to 84A.11.  The department may by rule set the terms, 
 66.12  conditions, and charges for these licenses and permits. 
 66.13     (b) The rules may specify and control the terms under which 
 66.14  wildlife may be taken, captured, or killed in the preserve, and 
 66.15  under which fur-bearing animals, or animals and fish otherwise 
 66.16  having commercial value, may be taken, captured, trapped, 
 66.17  killed, sold, and removed from it.  These rules may also provide 
 66.18  for (1) the afforestation and reforestation of state lands in 
 66.19  the preserve, (2) the sale of merchantable timber from these 
 66.20  lands when, in the opinion of the department, it can be sold and 
 66.21  removed without damage or injury to the further use and 
 66.22  development of the land for wildlife and game in the preserve, 
 66.23  and (3) the purposes for which the preserve is established by 
 66.24  sections 84A.01 to 84A.11. 
 66.25     (c) The department may provide for the policing of the 
 66.26  preserve as necessary for its proper development and use for the 
 66.27  purposes specified.  Supervisors, guards, custodians, and 
 66.28  caretakers assigned to duty in the preserve have the powers of 
 66.29  peace officers while in their employment The commissioner of 
 66.30  natural resources may employ and designate individuals according 
 66.31  to section 85.04 to enforce laws governing the use of the 
 66.32  preserve. 
 66.33     (d) The department shall also adopt and enforce rules 
 66.34  concerning the burning of grass, timber slashings, and other 
 66.35  flammable matter, and the clearing, development, and use of 
 66.36  lands in the preserve as necessary to prevent forest fires and 
 67.1   grass fires that would injure the use and development of this 
 67.2   area for wildlife preservation and propagation and to protect 
 67.3   its forest and wooded areas. 
 67.4      (e) Lands within the preserve are subject to the rules, 
 67.5   whether owned by the state or privately, consistent with the 
 67.6   rights of the private owners and with applicable state law.  The 
 67.7   rules may establish areas and zones within the preserve where 
 67.8   hunting, fishing, trapping, or camping is prohibited or 
 67.9   specially regulated, to protect and propagate particular 
 67.10  wildlife in the preserve.  
 67.11     (f) Rules adopted under sections 84A.01 to 84A.11 must be 
 67.12  posted on the boundaries of the preserve. 
 67.13     Sec. 46.  Minnesota Statutes 2002, section 84A.21, is 
 67.14  amended to read: 
 67.15     84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
 67.16     (a) The department shall manage and control each project 
 67.17  approved and accepted under section 84A.20.  The department may 
 67.18  adopt and enforce rules for the purposes in section 84A.20, 
 67.19  subdivision 1, for the prevention of forest fires in the 
 67.20  projects, and for the sale of merchantable timber from lands so 
 67.21  acquired by the state when, in the opinion of the department, 
 67.22  the timber may be sold and removed without damage to the project.
 67.23     (b) These rules may relate to the care, preservation, 
 67.24  protection, breeding, propagation, and disposition of any 
 67.25  species of wildlife in the project and the regulation, issuance, 
 67.26  sale, and revocation of special licenses or special permits for 
 67.27  hunting, fishing, camping, and other uses of the areas 
 67.28  consistent with applicable state law. 
 67.29     (c) The department may provide for the policing of each 
 67.30  project as needed for the proper development, use, and 
 67.31  protection of the project and its purposes.  Supervisors, 
 67.32  guards, custodians, and caretakers assigned to duty in any 
 67.33  project have the powers of peace officers while employed by the 
 67.34  department The commissioner of natural resources may employ and 
 67.35  designate individuals according to section 85.04 to enforce laws 
 67.36  governing the use of the projects. 
 68.1      (d) Lands within a project are subject to these rules, 
 68.2   whether owned by the state or privately, consistent with the 
 68.3   rights of the private owners or with applicable state law.  The 
 68.4   rules must be published once in one qualified newspaper in each 
 68.5   county affected and take effect after publication.  They must 
 68.6   also be posted on the boundaries of each project affected. 
 68.7      Sec. 47.  Minnesota Statutes 2002, section 84A.32, 
 68.8   subdivision 1, is amended to read: 
 68.9      Subdivision 1.  [RULES.] (a) The department shall manage 
 68.10  and control each project approved and accepted under section 
 68.11  84A.31.  The department may adopt and enforce rules for the 
 68.12  purposes in section 84A.31, subdivision 1, for the prevention of 
 68.13  forest fires in the projects, and for the sale of merchantable 
 68.14  timber from lands acquired by the state in the projects when, in 
 68.15  the opinion of the department, the timber may be sold and 
 68.16  removed without damage to the purposes of the projects.  Rules 
 68.17  must not interfere with, destroy, or damage any privately owned 
 68.18  property without just compensation being made to the owner of 
 68.19  the private property by purchase or in lawful condemnation 
 68.20  proceedings.  The rules may relate to the care, preservation, 
 68.21  protection, breeding, propagation, and disposition of any 
 68.22  species of wildlife in the projects and the regulation, 
 68.23  issuance, sale, and revocation of special licenses or special 
 68.24  permits for hunting, fishing, camping, or other uses of these 
 68.25  areas consistent with applicable state law. 
 68.26     (b) The department may provide for the policing of each 
 68.27  project as necessary for the proper development, use, and 
 68.28  protection of the project, and of its purpose.  Supervisors, 
 68.29  guards, custodians, and caretakers assigned to duty in a project 
 68.30  have the powers of peace officers while employed by the 
 68.31  department The commissioner of natural resources may employ and 
 68.32  designate individuals according to section 85.04 to enforce laws 
 68.33  governing the use of the projects. 
 68.34     (c) Lands within the project are subject to these rules, 
 68.35  whether owned by the state, or privately, consistent with the 
 68.36  constitutional rights of the private owners or with applicable 
 69.1   state law.  The department may exclude from the operation of the 
 69.2   rules any lands owned by private individuals upon which taxes 
 69.3   are delinquent for three years or less.  Rules must be published 
 69.4   once in the official newspaper of each county affected and take 
 69.5   effect 30 days after publication.  They must also be posted on 
 69.6   each of the four corners of each township of each project 
 69.7   affected. 
 69.8      (d) In the management, operation, and control of areas 
 69.9   taken for afforestation, reforestation, flood control projects, 
 69.10  and wild game and fishing reserves, nothing shall be done that 
 69.11  will in any manner obstruct or interfere with the operation of 
 69.12  ditches or drainage systems existing within the areas, or damage 
 69.13  or destroy existing roads or highways within these areas or 
 69.14  projects, unless the ditches, drainage systems, roads, or 
 69.15  highways are first taken under the right of eminent domain and 
 69.16  compensation made to the property owners and municipalities 
 69.17  affected and damaged.  Each area or project shall contribute 
 69.18  from the funds of the project, in proportion of the state land 
 69.19  within the project, for the construction and maintenance of 
 69.20  roads and highways necessary within the areas and projects to 
 69.21  give the settlers and private owners within them access to their 
 69.22  land.  The department may construct and maintain roads and 
 69.23  highways within the areas and projects as it considers necessary.
 69.24     Sec. 48.  Minnesota Statutes 2002, section 84A.55, 
 69.25  subdivision 8, is amended to read: 
 69.26     Subd. 8.  [POLICING.] The commissioner may police the game 
 69.27  preserves, areas, and projects as necessary to carry out this 
 69.28  section.  Persons assigned to the policing have the powers of 
 69.29  police officers while so engaged The commissioner may employ and 
 69.30  designate individuals according to section 85.04 to enforce laws 
 69.31  governing the use of the game preserves, areas, and projects. 
 69.32     Sec. 49.  Minnesota Statutes 2002, section 84D.14, is 
 69.33  amended to read: 
 69.34     84D.14 [EXEMPTIONS.] 
 69.35     This chapter does not apply to: 
 69.36     (1) pathogens and terrestrial arthropods regulated under 
 70.1   sections 18.44 to 18.61; or 
 70.2      (2) mammals and birds defined by statute as livestock. 
 70.3      Sec. 50.  Minnesota Statutes 2002, section 85.04, is 
 70.4   amended to read: 
 70.5      85.04 [ENFORCEMENT DIVISION EMPLOYEES AS PEACE OFFICERS.] 
 70.6      Subdivision 1.  [PEACE OFFICER EMPLOYMENT.] All 
 70.7   supervisors, guards, custodians, keepers, and caretakers The 
 70.8   commissioner of natural resources may employ peace officers as 
 70.9   defined under section 626.84, subdivision 1, paragraph (c), to 
 70.10  enforce laws governing the use of state parks, state monuments, 
 70.11  state recreation areas, and state waysides shall have and 
 70.12  possess the authority and powers of peace officers while in 
 70.13  their employment.  
 70.14     Subd. 2.  [OTHER EMPLOYEES.] The commissioner of natural 
 70.15  resources may designate certain employees to enforce laws 
 70.16  governing the use of state parks, state monuments, state 
 70.17  recreation areas, state waysides, and state forest subareas.  
 70.18  The designation by the commissioner is not subject to rulemaking 
 70.19  under chapter 14.  
 70.20     Sec. 51.  Minnesota Statutes 2002, section 85.052, 
 70.21  subdivision 3, is amended to read: 
 70.22     Subd. 3.  [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 
 70.23  An individual using spaces in state parks under subdivision 1, 
 70.24  clause (2), shall be charged daily rates determined and set by 
 70.25  the commissioner in a manner and amount consistent with the type 
 70.26  of facility provided for the accommodation of guests in a 
 70.27  particular park and with similar facilities offered for tourist 
 70.28  camping and similar use in the area.  
 70.29     (b) The fee for special parking spurs, campgrounds for 
 70.30  automobiles, sites for tent camping, and special auto trailer 
 70.31  coach parking spaces is one-half of the fee set in paragraph (a) 
 70.32  on Sunday through Thursday of each week for a physically 
 70.33  handicapped person: 
 70.34     (1) an individual age 65 or over who is a resident of the 
 70.35  state and who furnishes satisfactory proof of age and residence; 
 70.36     (2) a physically handicapped person with a motor vehicle 
 71.1   that has special plates issued under section 168.021, 
 71.2   subdivision 1; or 
 71.3      (3) a physically handicapped person (2) who possesses a 
 71.4   certificate issued under section 169.345, subdivision 3.  
 71.5      Sec. 52.  Minnesota Statutes 2002, section 85.053, 
 71.6   subdivision 1, is amended to read: 
 71.7      Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 71.8   commissioner shall prepare and provide state park permits for 
 71.9   each calendar year that state a motor vehicle may enter and use 
 71.10  state parks, state recreation areas, and state waysides over 50 
 71.11  acres in area.  State park permits must be available and placed 
 71.12  on sale by October January 1 of the year preceding the calendar 
 71.13  year that the permit is valid.  A separate motorcycle permit may 
 71.14  be prepared and provided by the commissioner. 
 71.15     (b) An annual state park permit must be affixed when 
 71.16  purchased and may be used from the time it is affixed for a 
 71.17  12-month period.  State park permits in each category must be 
 71.18  numbered consecutively for each year of issue.  
 71.19     (c) State park permits shall be issued by employees of the 
 71.20  division of parks and recreation as designated by the 
 71.21  commissioner.  State park permits also may be consigned to and 
 71.22  issued by agents designated by the commissioner who are not 
 71.23  employees of the division of parks and recreation.  All proceeds 
 71.24  from the sale of permits and all unsold permits consigned to 
 71.25  agents shall be returned to the commissioner at such times as 
 71.26  the commissioner may direct, but no later than the end of the 
 71.27  calendar year for which the permits are effective.  No part of 
 71.28  the permit fee may be retained by an agent.  An additional 
 71.29  charge or fee in an amount to be determined by the commissioner, 
 71.30  but not to exceed four percent of the price of the permit, may 
 71.31  be collected and retained by an agent for handling or selling 
 71.32  the permits. 
 71.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 71.34  following final enactment. 
 71.35     Sec. 53.  Minnesota Statutes 2002, section 85A.02, 
 71.36  subdivision 17, is amended to read: 
 72.1      Subd. 17.  [ADDITIONAL POWERS.] (a) The board may establish 
 72.2   a schedule of charges for admission to or the use of the 
 72.3   Minnesota zoological garden or any related facility.  
 72.4   Notwithstanding section 16A.1283, legislative approval is not 
 72.5   required for the board to establish a schedule of charges for 
 72.6   admission or use of the Minnesota zoological garden or related 
 72.7   facilities.  The board shall have a policy admitting elementary 
 72.8   school children at no a reduced charge when they are part of an 
 72.9   organized school activity.  The Minnesota zoological garden will 
 72.10  offer free admission throughout the year to economically 
 72.11  disadvantaged Minnesota citizens equal to ten percent of the 
 72.12  average annual attendance.  However, the zoo may charge at any 
 72.13  time for parking, special services, and for admission to special 
 72.14  facilities for the education, entertainment, or convenience of 
 72.15  visitors. 
 72.16     (b) The board may provide for the purchase, reproduction, 
 72.17  and sale of gifts, souvenirs, publications, informational 
 72.18  materials, food and beverages, and grant concessions for the 
 72.19  sale of these items.  Notwithstanding subdivision 5b, section 
 72.20  16C.09 does not apply to activities authorized under this 
 72.21  paragraph. 
 72.22     Sec. 54.  Minnesota Statutes 2002, section 86B.415, 
 72.23  subdivision 8, is amended to read: 
 72.24     Subd. 8.  [REGISTRAR'S FEE.] In addition to the license fee 
 72.25  other fees prescribed by law, a filing fee of $2 $4.50 shall be 
 72.26  charged for a each watercraft license renewal, duplicate or 
 72.27  replacement license, and replacement decal and a filing fee of 
 72.28  $7 shall be charged for each watercraft license and license 
 72.29  transfer issued by: 
 72.30     (1) issued through the registrar or a deputy registrar of 
 72.31  motor vehicles and the additional fee shall be disposed of in 
 72.32  the manner provided in section 168.33, subdivision 2; or 
 72.33     (2) issued through the commissioner and the additional fee 
 72.34  shall be deposited in the state treasury and credited to the 
 72.35  water recreation account. 
 72.36     Sec. 55.  Minnesota Statutes 2002, section 86B.870, 
 73.1   subdivision 1, is amended to read: 
 73.2      Subdivision 1.  [FEES.] (a) The fee to be paid to the 
 73.3   commissioner: 
 73.4      (1) for issuing an original certificate of title, including 
 73.5   the concurrent notation of an assignment of the security 
 73.6   interest and its subsequent release or satisfaction, is $15; 
 73.7      (2) for each security interest when first noted upon a 
 73.8   certificate of title, including the concurrent notation of an 
 73.9   assignment of the security interest and its subsequent release 
 73.10  or satisfaction, is $10; 
 73.11     (3) for transferring the interest of an owner and issuing a 
 73.12  new certificate of title, is $10; 
 73.13     (4) for each assignment of a security interest when first 
 73.14  noted on a certificate of title, unless noted concurrently with 
 73.15  the security interest, is $1; and 
 73.16     (5) for issuing a duplicate certificate of title, is $4. 
 73.17     (b) In addition to other statutory fees and taxes, a filing 
 73.18  fee of $3.50 $7 is imposed on every watercraft title application.
 73.19  The filing fee must be shown as a separate item on title renewal 
 73.20  notices sent by the commissioner. 
 73.21     Sec. 56.  Minnesota Statutes 2002, section 97A.045, 
 73.22  subdivision 7, is amended to read: 
 73.23     Subd. 7.  [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 
 73.24  (a) The commissioner shall encourage the purchase of: 
 73.25     (1) Minnesota migratory waterfowl stamps by nonhunters 
 73.26  interested in migratory waterfowl preservation and habitat 
 73.27  development; 
 73.28     (2) pheasant stamps by persons interested in pheasant 
 73.29  habitat improvement; 
 73.30     (3) trout and salmon stamps by persons interested in trout 
 73.31  and salmon stream and lake improvement; and 
 73.32     (4) turkey stamps by persons interested in wild turkey 
 73.33  management and habitat improvement; and 
 73.34     (5) mourning dove stamps by persons interested in dove 
 73.35  management and habitat improvement.  
 73.36     (b) The commissioner shall make rules governing contests 
 74.1   for selecting a design for each stamp, including those stamps 
 74.2   not required to be in possession while taking game or fish. 
 74.3      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 74.4   following final enactment. 
 74.5      Sec. 57.  Minnesota Statutes 2002, section 97A.045, is 
 74.6   amended by adding a subdivision to read: 
 74.7      Subd. 11.  [POWER TO PREVENT OR CONTROL WILDLIFE 
 74.8   DISEASE.] (a) If the commissioner determines that action is 
 74.9   necessary to prevent or control a wildlife disease, the 
 74.10  commissioner may prevent or control wildlife disease in a 
 74.11  species of wild animal in addition to the protection provided by 
 74.12  the game and fish laws by further limiting, closing, expanding, 
 74.13  or opening seasons or areas of the state; by reducing or 
 74.14  increasing limits in areas of the state; by establishing disease 
 74.15  management zones; by authorizing free licenses; by allowing 
 74.16  shooting from motor vehicles by persons designated by the 
 74.17  commissioner; by issuing replacement licenses for sick animals; 
 74.18  by requiring sample collection from hunter-harvested animals; by 
 74.19  limiting wild animal possession, transportation, and 
 74.20  disposition; and by restricting wildlife feeding.  
 74.21     (b) The commissioner may prevent or control wildlife 
 74.22  disease in a species of wild animal in the state by emergency 
 74.23  rule adopted under section 84.027, subdivision 13. 
 74.24     Sec. 58.  Minnesota Statutes 2002, section 97A.071, 
 74.25  subdivision 2, is amended to read: 
 74.26     Subd. 2.  [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 
 74.27  AND LIFETIME LICENSES.] Revenue from the small game surcharge 
 74.28  and $4 $6.50 annually from the lifetime fish and wildlife trust 
 74.29  fund, established in section 97A.4742, for each license issued 
 74.30  under sections 97A.473, subdivisions 3 and 5, and 97A.474, 
 74.31  subdivision 3, shall be credited to the wildlife acquisition 
 74.32  account and the money in the account shall be used by the 
 74.33  commissioner only for the purposes of this section, and 
 74.34  acquisition and development of wildlife lands under section 
 74.35  97A.145 and maintenance of the lands, in accordance with 
 74.36  appropriations made by the legislature. 
 75.1      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 75.2      Sec. 59.  Minnesota Statutes 2002, section 97A.075, 
 75.3   subdivision 1, is amended to read: 
 75.4      Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
 75.5   For purposes of this subdivision, "deer license" means a license 
 75.6   issued under section 97A.475, subdivisions 2, clauses (4), (5), 
 75.7   and (9), and (11), and 3, clauses (2), (3), and (7), and 
 75.8   licenses issued under section 97B.301, subdivision 4.  
 75.9      (b) At least $2 from each annual deer license and $2 
 75.10  annually from the lifetime fish and wildlife trust fund, 
 75.11  established in section 97A.4742, for each license issued under 
 75.12  section 97A.473, subdivision 4, shall be used for deer habitat 
 75.13  improvement or deer management programs.  
 75.14     (c) At least $1 from each annual deer license and each bear 
 75.15  license and $1 annually from the lifetime fish and wildlife 
 75.16  trust fund, established in section 97A.4742, for each license 
 75.17  issued under section 97A.473, subdivision 4, shall be used for 
 75.18  deer and bear management programs, including a computerized 
 75.19  licensing system.  Fifty cents from each deer license is 
 75.20  appropriated for emergency deer feeding and wild cervidae health 
 75.21  management of chronic wasting disease.  Money appropriated for 
 75.22  emergency deer feeding and management of chronic wasting disease 
 75.23  wild cervidae health management is available until expended.  
 75.24  When the unencumbered balance in the appropriation for emergency 
 75.25  deer feeding and chronic wasting disease wild cervidae health 
 75.26  management at the end of a fiscal year 
 75.27  exceeds $1,500,000 $2,500,000 for the first time, $750,000 is 
 75.28  canceled to the unappropriated balance of the game and fish 
 75.29  fund.  The commissioner must inform the legislative chairs of 
 75.30  the natural resources finance committees every two years on how 
 75.31  the money for chronic wasting disease emergency deer feeding and 
 75.32  wild cervidae health management has been spent. 
 75.33     Thereafter, when the unencumbered balance in the 
 75.34  appropriation for emergency deer feeding and wild cervidae 
 75.35  health management exceeds $1,500,000 $2,500,000 at the end of a 
 75.36  fiscal year, the unencumbered balance in excess of 
 76.1   $1,500,000 $2,500,000 is canceled and available for deer and 
 76.2   bear management programs and computerized licensing. 
 76.3      Sec. 60.  Minnesota Statutes 2002, section 97A.075, 
 76.4   subdivision 2, is amended to read: 
 76.5      Subd. 2.  [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 
 76.6   percent of the revenue from the Minnesota migratory waterfowl 
 76.7   stamps must be credited to the waterfowl habitat improvement 
 76.8   account.  Money in the account may be used only for: 
 76.9      (1) development of wetlands and lakes in the state and 
 76.10  designated waterfowl management lakes for maximum migratory 
 76.11  waterfowl production including habitat evaluation, the 
 76.12  construction of dikes, water control structures and 
 76.13  impoundments, nest cover, rough fish barriers, acquisition of 
 76.14  sites and facilities necessary for development and management of 
 76.15  existing migratory waterfowl habitat and the designation of 
 76.16  waters under section 97A.101; 
 76.17     (2) management of migratory waterfowl; 
 76.18     (3) development, restoration, maintenance, or preservation 
 76.19  of migratory waterfowl habitat; and 
 76.20     (4) acquisition of and access to structure sites; and 
 76.21     (5) the promotion of waterfowl habitat development and 
 76.22  maintenance, including promotion and evaluation of government 
 76.23  farm program benefits for waterfowl habitat.  
 76.24     (b) Money in the account may not be used for costs unless 
 76.25  they are directly related to a specific parcel of land or body 
 76.26  of water under paragraph (a), clause (1), (3), or (4), or (5), 
 76.27  or to specific management activities under paragraph (a), clause 
 76.28  (2). 
 76.29     Sec. 61.  Minnesota Statutes 2002, section 97A.075, 
 76.30  subdivision 4, is amended to read: 
 76.31     Subd. 4.  [PHEASANT STAMP.] (a) Ninety percent of the 
 76.32  revenue from pheasant stamps must be credited to the pheasant 
 76.33  habitat improvement account.  Money in the account may be used 
 76.34  only for:  
 76.35     (1) the development, restoration, and maintenance of 
 76.36  suitable habitat for ringnecked pheasants on public and private 
 77.1   land including the establishment of nesting cover, winter cover, 
 77.2   and reliable food sources; 
 77.3      (2) reimbursement of landowners for setting aside lands for 
 77.4   pheasant habitat; 
 77.5      (3) reimbursement of expenditures to provide pheasant 
 77.6   habitat on public and private land; and 
 77.7      (4) the promotion of pheasant habitat development and 
 77.8   maintenance, including promotion and evaluation of government 
 77.9   farm program benefits for pheasant habitat; and 
 77.10     (5) the acquisition of lands suitable for pheasant habitat 
 77.11  management and public hunting.  
 77.12     (b) Money in the account may not be used for: 
 77.13     (1) costs unless they are directly related to a specific 
 77.14  parcel of land under paragraph (a), clauses 
 77.15  clause (1) to, (3), or (5), or to specific promotional or 
 77.16  evaluative activities under paragraph (a), clause (4); or 
 77.17     (2) any personnel costs, except that prior to July 1, 2009, 
 77.18  personnel may be hired to provide technical and promotional 
 77.19  assistance for private landowners to implement conservation 
 77.20  provisions of state and federal programs. 
 77.21     Sec. 62.  Minnesota Statutes 2002, section 97A.075, is 
 77.22  amended by adding a subdivision to read: 
 77.23     Subd. 6.  [MOURNING DOVE STAMPS.] (a) 90 percent of revenue 
 77.24  from mourning dove stamps must be credited to the mourning dove 
 77.25  habitat improvement account.  Money in the account may be used 
 77.26  only for: 
 77.27     (1) the development, restoration, and maintenance of 
 77.28  suitable habitat for mourning doves on public and private land 
 77.29  including establishment of nesting cover and reliable food 
 77.30  sources; 
 77.31     (2) acquisitions of, or easements on, mourning dove 
 77.32  habitat; 
 77.33     (3) reimbursement of expenditures to provide mourning dove 
 77.34  habitat on public and private land; and 
 77.35     (4) the promotion of mourning dove habitat development and 
 77.36  maintenance, population surveys and monitoring, and research. 
 78.1      (b) Money in the account may not be used for: 
 78.2      (1) costs unless they are directly related to a specific 
 78.3   parcel of land under paragraph (a), clauses (1) to (3), or to 
 78.4   specific promotional or evaluative activities under paragraph 
 78.5   (a), clause (4); or 
 78.6      (2) any permanent personnel costs.  
 78.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 78.8   following final enactment. 
 78.9      Sec. 63.  Minnesota Statutes 2002, section 97A.105, 
 78.10  subdivision 1, is amended to read: 
 78.11     Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
 78.12  breed and propagate fur-bearing animals, game birds, bear, 
 78.13  moose, elk, caribou, or mute swans, or deer only on privately 
 78.14  owned or leased land and after obtaining a license.  Any of the 
 78.15  permitted animals on a game farm may be sold to other licensed 
 78.16  game farms.  "Privately owned or leased land" includes waters 
 78.17  that are shallow or marshy, are not actually navigable, and are 
 78.18  not of substantial beneficial public use.  Before an application 
 78.19  for a license is considered, the applicant must enclose the area 
 78.20  to sufficiently confine the animals to be raised in a manner 
 78.21  approved by the commissioner.  A license may be granted only if 
 78.22  the commissioner finds the application is made in good faith 
 78.23  with intention to actually carry on the business described in 
 78.24  the application and the commissioner determines that the 
 78.25  facilities are adequate for the business.  
 78.26     (b) A person may purchase live game birds or their eggs 
 78.27  without a license if the birds or eggs, or birds hatched from 
 78.28  the eggs, are released into the wild, consumed, or processed for 
 78.29  consumption within one year after they were purchased or 
 78.30  hatched.  This paragraph does not apply to the purchase of 
 78.31  migratory waterfowl or their eggs. 
 78.32     (c) A person may not introduce mute swans into the wild 
 78.33  without a permit issued by the commissioner. 
 78.34     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 78.35     Sec. 64.  Minnesota Statutes 2002, section 97A.401, 
 78.36  subdivision 3, is amended to read: 
 79.1      Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
 79.2   ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
 79.3   paragraph (b), special permits may be issued without a fee to 
 79.4   take, possess, and transport wild animals as pets and for 
 79.5   scientific, educational, rehabilitative, wildlife disease 
 79.6   prevention and control, and exhibition purposes.  The 
 79.7   commissioner shall prescribe the conditions for taking, 
 79.8   possessing, transporting, and disposing of the wild animals.  
 79.9      (b) A special permit may not be issued to take or possess 
 79.10  wild or native deer for exhibition or, propagation, or as pets.  
 79.11     (c) The commissioner shall establish criteria for issuing 
 79.12  special permits for persons to possess wild and native deer as 
 79.13  pets. 
 79.14     Sec. 65.  Minnesota Statutes 2002, section 97A.441, is 
 79.15  amended by adding a subdivision to read: 
 79.16     Subd. 6b.  [TAKING DEER; 30-YEAR FIREARMS SAFETY 
 79.17  INSTRUCTORS.] A person authorized to issue licenses must issue, 
 79.18  without a fee, a license to take deer with firearms or by 
 79.19  archery to a resident who has been recognized by the 
 79.20  commissioner for teaching firearms safety training for at least 
 79.21  30 years. 
 79.22     Sec. 66.  Minnesota Statutes 2002, section 97A.441, is 
 79.23  amended by adding a subdivision to read: 
 79.24     Subd. 6c.  [TAKING SMALL GAME; 30-YEAR FIREARMS SAFETY 
 79.25  INSTRUCTORS.] A person authorized to issue licenses must issue, 
 79.26  without a fee, a license to take small game to a resident who 
 79.27  has been recognized by the commissioner for teaching firearms 
 79.28  safety training for at least 30 years. 
 79.29     Sec. 67.  Minnesota Statutes 2002, section 97A.441, is 
 79.30  amended by adding a subdivision to read: 
 79.31     Subd. 10.  [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 
 79.32  PREVENTION AND CONTROL.] The commissioner may issue, without a 
 79.33  fee, licenses to take wild animals for the purposes of wildlife 
 79.34  disease prevention and control. 
 79.35     Sec. 68.  Minnesota Statutes 2002, section 97A.475, 
 79.36  subdivision 2, is amended to read: 
 80.1      Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 80.2   licenses, to be issued to residents only, are: 
 80.3      (1) for persons age 18 or over and under age 65 to take 
 80.4   small game, $12 $12.50; 
 80.5      (2) for persons age ages 16 and 17 and age 65 or over, $6 
 80.6   to take small game; 
 80.7      (3) to take turkey, $18; 
 80.8      (4) to take deer with firearms, $25; 
 80.9      (5) to take deer by archery, $25; 
 80.10     (6) to take moose, for a party of not more than six 
 80.11  persons, $310; 
 80.12     (7) to take bear, $38; 
 80.13     (8) to take elk, for a party of not more than two persons, 
 80.14  $250; 
 80.15     (9) to take antlered deer in more than one zone, $50; 
 80.16     (10) to take Canada geese during a special season, $4; 
 80.17     (11) to take two deer throughout the state in any open deer 
 80.18  season, except as restricted under section 97B.305, $75; and 
 80.19     (12) to take prairie chickens, $20. 
 80.20     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 80.21     Sec. 69.  Minnesota Statutes 2002, section 97A.475, 
 80.22  subdivision 4, is amended to read: 
 80.23     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for annual licenses 
 80.24  to take small game must be increased by a surcharge of 
 80.25  $4 $6.50.  An additional commission may not be assessed on the 
 80.26  surcharge and this must be stated on the back of the license 
 80.27  with the following statement must be included in the annual 
 80.28  small game hunting regulations:  "This $4 $6.50 surcharge is 
 80.29  being paid by hunters for the acquisition and development of 
 80.30  wildlife lands." 
 80.31     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 80.32     Sec. 70.  Minnesota Statutes 2002, section 97A.475, 
 80.33  subdivision 5, is amended to read: 
 80.34     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 80.35  and stamp validations are: 
 80.36     (1) migratory waterfowl stamp, $5 $7.50; 
 81.1      (2) pheasant stamp, $5 $7.50; and 
 81.2      (3) turkey stamp validation, $5; and 
 81.3      (4) mourning dove stamp, $7.50.  
 81.4      <b>[EFFECTIVE DATE.]</b> Except for clause (4), which is effective 
 81.5   the day following final enactment, this section is effective 
 81.6   March 1, 2004. 
 81.7      Sec. 71.  Minnesota Statutes 2002, section 97A.475, 
 81.8   subdivision 10, is amended to read: 
 81.9      Subd. 10.  [TROUT AND SALMON STAMP VALIDATION.] The fee for 
 81.10  a trout and salmon stamp validation is $8.50 $10.  
 81.11     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 81.12     Sec. 72.  Minnesota Statutes 2002, section 97A.475, 
 81.13  subdivision 15, is amended to read: 
 81.14     Subd. 15.  [FISHING GUIDES.] The fee for a license to 
 81.15  operate a charter boat and guide anglers on Lake Superior or the 
 81.16  St. Louis river estuary is: 
 81.17     (1) for a resident, $35 $125; 
 81.18     (2) for a nonresident, $140 $400; or 
 81.19     (3) if another state charges a Minnesota resident a fee 
 81.20  greater than $140 $440 for a Lake Superior or St. Louis river 
 81.21  estuary fishing guide license in that state, the nonresident fee 
 81.22  for a resident of that state is that greater fee.  
 81.23     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 81.24     Sec. 73.  Minnesota Statutes 2002, section 97A.475, 
 81.25  subdivision 26, is amended to read: 
 81.26     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 81.27  licenses are:  
 81.28     (1) minnow dealer, $100 $310; 
 81.29     (2) minnow dealer's vehicle, $15; 
 81.30     (3) exporting minnow dealer, $350 $700; and 
 81.31     (4) exporting minnow dealer's vehicle, $15. 
 81.32     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 81.33     Sec. 74.  Minnesota Statutes 2002, section 97A.475, 
 81.34  subdivision 27, is amended to read: 
 81.35     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 81.36  licenses, to be issued to residents and nonresidents, are: 
 82.1      (1) minnow retailer, $15 $47; and 
 82.2      (2) minnow retailer's vehicle, $15.  
 82.3      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004.  
 82.4      Sec. 75.  Minnesota Statutes 2002, section 97A.475, 
 82.5   subdivision 28, is amended to read: 
 82.6      Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 82.7   following licenses, to be issued to nonresidents, are: 
 82.8      (1) exporting minnow hauler, $675 $1,000; and 
 82.9      (2) exporting minnow hauler's vehicle, $15.  
 82.10     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 82.11     Sec. 76.  Minnesota Statutes 2002, section 97A.475, 
 82.12  subdivision 29, is amended to read: 
 82.13     Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 82.14  following licenses to be issued to residents and nonresidents 
 82.15  are:  
 82.16     (1) for a private fish hatchery, with annual sales under 
 82.17  $200, $35 $70; 
 82.18     (2) for a private fish hatchery, with annual sales of $200 
 82.19  or more, $70 $210; and 
 82.20     (3) to take sucker eggs from public waters for a private 
 82.21  fish hatchery, $210 $400, plus $4 $6 for each quart in excess of 
 82.22  100 quarts.  
 82.23     <b>[EFFECTIVE DATE.]</b> This section is effective March 1,2004. 
 82.24     Sec. 77.  Minnesota Statutes 2002, section 97A.475, 
 82.25  subdivision 30, is amended to read: 
 82.26     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
 82.27  commercial fish are: 
 82.28     (1) commercial license fees: 
 82.29     (i) for residents and nonresidents seining and netting in 
 82.30  inland waters, $90 $120; 
 82.31     (ii) for residents netting in Lake Superior, $50 $120; 
 82.32     (iii) for residents netting in Lake of the Woods, Rainy, 
 82.33  Namakan, and Sand Point lakes, $50 $120; 
 82.34     (iv) for residents seining in the Mississippi River from St.
 82.35  Anthony Falls to the St. Croix River junction, $50 $120; 
 82.36     (v) for residents seining, netting, and set lining in 
 83.1   Wisconsin boundary waters from Lake St. Croix to the Iowa 
 83.2   border, $50 $120; and 
 83.3      (vi) for a resident apprentice license, $25 $55; and 
 83.4      (2) commercial gear fees: 
 83.5      (i) for each gill net in Lake Superior, Wisconsin boundary 
 83.6   waters, and Namakan Lake, $3.50 $5 per 100 feet of net; 
 83.7      (ii) for each seine in inland waters, on the Mississippi 
 83.8   River as described in section 97C.801, subdivision 2, and in 
 83.9   Wisconsin boundary waters, $7 $9 per 100 feet; 
 83.10     (iii) for each commercial hoop net in inland 
 83.11  waters, $1.25 $2; 
 83.12     (iv) for each submerged fyke, trap, and hoop net in Lake 
 83.13  Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 83.14  Namakan, and Sand Point lakes, and for each pound net in Lake 
 83.15  Superior, $15 $20; 
 83.16     (v) for each stake and pound net in Lake of the 
 83.17  Woods, $60 $90; and 
 83.18     (vi) for each set line in the Wisconsin boundary waters, 
 83.19  $20 $45.  
 83.20     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 83.21     Sec. 78.  Minnesota Statutes 2002, section 97A.475, 
 83.22  subdivision 38, is amended to read: 
 83.23     Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
 83.24  from commercial fishing licensees to be issued residents and 
 83.25  nonresidents are: 
 83.26     (1) for Lake Superior fish bought for sale to retailers, 
 83.27  $70 $150; 
 83.28     (2) for Lake Superior fish bought for sale to consumers, 
 83.29  $15 $35; 
 83.30     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 83.31  Lake fish bought for sale to retailers, $140 $300; and 
 83.32     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 83.33  Lake fish bought for shipment only on international boundary 
 83.34  waters, $15 $35.  
 83.35     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 83.36     Sec. 79.  Minnesota Statutes 2002, section 97A.475, 
 84.1   subdivision 39, is amended to read: 
 84.2      Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
 84.3   dressed game fish for transportation or shipment is $20 $40. 
 84.4      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 84.5      Sec. 80.  Minnesota Statutes 2002, section 97A.475, 
 84.6   subdivision 40, is amended to read: 
 84.7      Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
 84.8   motor vehicle to sell fish is $35 $70.  
 84.9      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 84.10     Sec. 81.  Minnesota Statutes 2002, section 97A.475, 
 84.11  subdivision 42, is amended to read: 
 84.12     Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
 84.13  in frogs that are to be used for purposes other than bait are: 
 84.14     (1) for a resident to purchase, possess, and transport 
 84.15  frogs, $100 $220; 
 84.16     (2) for a nonresident to purchase, possess, and transport 
 84.17  frogs, $280 $550; and 
 84.18     (3) for a resident to take, possess, transport, and sell 
 84.19  frogs, $15 $35. 
 84.20     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 84.21     Sec. 82.  Minnesota Statutes 2002, section 97A.475, is 
 84.22  amended by adding a subdivision to read: 
 84.23     Subd. 45.  [CAMP RIPLEY ARCHERY DEER HUNT.] The application 
 84.24  fee for the Camp Ripley archery deer hunt is $8. 
 84.25     Sec. 83.  Minnesota Statutes 2002, section 97A.485, 
 84.26  subdivision 6, is amended to read: 
 84.27     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 84.28  Persons authorized to sell licenses under this section must sell 
 84.29  issue the following licenses for the license fee and the 
 84.30  following issuing fees:  
 84.31     (1) to take deer or bear with firearms and by archery, the 
 84.32  issuing fee is $1; 
 84.33     (2) Minnesota sporting, the issuing fee is $1; and 
 84.34     (3) to take small game, for a person under age 65 to take 
 84.35  fish by angling or for a person of any age to take fish by 
 84.36  spearing, and to trap fur-bearing animals, the issuing fee is 
 85.1   $1; 
 85.2      (4) for a trout and salmon stamp that is not issued 
 85.3   simultaneously with an angling or sporting license, an issuing 
 85.4   fee of 50 cents may be charged at the discretion of the 
 85.5   authorized seller; and 
 85.6      (5) for stamps other than a trout and salmon stamp, and for 
 85.7   a special season Canada goose license, there is no fee; and 
 85.8      (6) for licenses issued without a fee under section 
 85.9   97A.441, there is no fee. 
 85.10     (b) An issuing fee may not be collected for issuance of a 
 85.11  trout and salmon stamp if a stamp validation is issued 
 85.12  simultaneously with the related angling or sporting license.  
 85.13  Only one issuing fee may be collected when selling more than one 
 85.14  trout and salmon stamp in the same transaction after the end of 
 85.15  the season for which the stamp was issued. 
 85.16     (c) The auditor or subagent shall keep the issuing fee as a 
 85.17  commission for selling the licenses.  
 85.18     (d) The commissioner shall collect the issuing fee on 
 85.19  licenses sold by the commissioner. 
 85.20     (e) A license, except stamps, must state the amount of the 
 85.21  issuing fee and that the issuing fee is kept by the seller as a 
 85.22  commission for selling the licenses. 
 85.23     (f) For duplicate licenses, the issuing fees are: 
 85.24     (1) for licenses to take big game, 75 cents; and 
 85.25     (2) for other licenses, 50 cents. 
 85.26     Sec. 84.  Minnesota Statutes 2002, section 97A.505, is 
 85.27  amended by adding a subdivision to read: 
 85.28     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED 
 85.29  CERVIDAE.] Importation into Minnesota of hunter-harvested 
 85.30  cervidae carcasses is prohibited except for cut and wrapped 
 85.31  meat, quarters or other portions of meat with no part of the 
 85.32  spinal column or head attached, antlers, hides, teeth, finished 
 85.33  taxidermy mounts, and antlers attached to skull caps that are 
 85.34  cleaned of all brain tissue. 
 85.35     Sec. 85.  Minnesota Statutes 2002, section 97A.505, is 
 85.36  amended by adding a subdivision to read: 
 86.1      Subd. 9.  [POSSESSION OF LIVE CERVIDAE.] A person may not 
 86.2   possess live cervidae, except as authorized in sections 17.451 
 86.3   and 17.452 or 97A.401. 
 86.4      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 86.5      Sec. 86.  Minnesota Statutes 2002, section 97B.311, is 
 86.6   amended to read: 
 86.7      97B.311 [DEER SEASONS AND RESTRICTIONS.] 
 86.8      (a) The commissioner may, by rule, prescribe restrictions 
 86.9   and designate areas where deer may be taken, including hunter 
 86.10  selection criteria for special hunts established under section 
 86.11  97A.401, subdivision 4.  The commissioner may, by rule, 
 86.12  prescribe the open seasons for deer within the following periods:
 86.13     (1) taking with firearms, other than muzzle-loading 
 86.14  firearms, between November 1 and December 15; 
 86.15     (2) taking with muzzle-loading firearms between September 1 
 86.16  and December 31; and 
 86.17     (3) taking by archery between September 1 and December 31. 
 86.18     (b) Notwithstanding paragraph (a), the commissioner may 
 86.19  establish special seasons within designated areas between 
 86.20  September 1 and January 15 at any time of year. 
 86.21     Sec. 87.  Minnesota Statutes 2002, section 103B.231, 
 86.22  subdivision 3a, is amended to read: 
 86.23     Subd. 3a.  [PRIORITY SCHEDULE.] (a) The board of water and 
 86.24  soil resources in consultation with the state review agencies 
 86.25  and the metropolitan council shall may develop a priority 
 86.26  schedule for the revision of plans required under this chapter. 
 86.27     (b) The prioritization should be based on but not be 
 86.28  limited to status of current plan, scheduled revision dates, 
 86.29  anticipated growth and development, existing and potential 
 86.30  problems, and regional water quality goals and priorities. 
 86.31     (c) The schedule will be used by the board of water and 
 86.32  soil resources in consultation with the state review agencies 
 86.33  and the metropolitan council to direct watershed management 
 86.34  organizations of when they will be required to revise their 
 86.35  plans. 
 86.36     (d) Upon notification from the board of water and soil 
 87.1   resources that a revision of a plan is required, a watershed 
 87.2   management organization shall have 24 months from the date of 
 87.3   notification to revise and submit a plan for review. 
 87.4      (e) In the event that a plan expires prior to notification 
 87.5   from the board of water and soil resources under this section, 
 87.6   the existing plan, authorities, and official controls of a 
 87.7   watershed management organization shall remain in full force and 
 87.8   effect until a revision is approved. 
 87.9      (f) A one-year extension to submit a revised plan may be 
 87.10  granted by the board. 
 87.11     (g) (e) Watershed management organizations submitting plans 
 87.12  and draft plan amendments for review prior to the board's 
 87.13  priority review schedule, may proceed to adopt and implement the 
 87.14  plan revisions without formal board approval if the board fails 
 87.15  to adjust its priority review schedule for plan review, and 
 87.16  commence its statutory review process within 45 days of 
 87.17  submittal of the plan revision or amendment. 
 87.18     Sec. 88.  Minnesota Statutes 2002, section 103B.305, 
 87.19  subdivision 3, is amended to read: 
 87.20     Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 87.21  "Comprehensive local water management plan," means 
 87.22  "comprehensive water plan," "local water plan," and "local water 
 87.23  management plan" mean the plan adopted by a county under 
 87.24  sections 103B.311 and 103B.315.  
 87.25     Sec. 89.  Minnesota Statutes 2002, section 103B.305, is 
 87.26  amended by adding a subdivision to read: 
 87.27     Subd. 7a.  [PLAN AUTHORITY.] "Plan authority" means those 
 87.28  local government units coordinating planning under sections 
 87.29  103B.301 to 103B.335. 
 87.30     Sec. 90.  Minnesota Statutes 2002, section 103B.305, is 
 87.31  amended by adding a subdivision to read: 
 87.32     Subd. 7b.  [PRIORITY CONCERNS.] "Priority concerns" means 
 87.33  issues, resources, subwatersheds, or demographic areas that are 
 87.34  identified as a priority by the plan authority. 
 87.35     Sec. 91.  Minnesota Statutes 2002, section 103B.305, is 
 87.36  amended by adding a subdivision to read: 
 88.1      Subd. 7c.  [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 
 88.2   concerns scoping document" means the list of the chosen priority 
 88.3   concerns and a detailed account of how those concerns were 
 88.4   identified and chosen. 
 88.5      Sec. 92.  Minnesota Statutes 2002, section 103B.305, is 
 88.6   amended by adding a subdivision to read: 
 88.7      Subd. 8a.  [STATE REVIEW AGENCIES.] "State review agencies" 
 88.8   means the board of water and soil resources, the department of 
 88.9   agriculture, the department of health, the department of natural 
 88.10  resources, the pollution control agency, and other agencies 
 88.11  granted state review status by a resolution of the board. 
 88.12     Sec. 93.  Minnesota Statutes 2002, section 103B.311, 
 88.13  subdivision 1, is amended to read: 
 88.14     Subdivision 1.  [COUNTY DUTIES.] Each county is encouraged 
 88.15  to develop and implement a comprehensive local water management 
 88.16  plan.  Each county that develops and implements a plan has the 
 88.17  duty and authority to: 
 88.18     (1) prepare and adopt a comprehensive local water 
 88.19  management plan that meets the requirements of this section and 
 88.20  section 103B.315; 
 88.21     (2) review water and related land resources plans and 
 88.22  official controls submitted by local units of government to 
 88.23  assure consistency with the comprehensive local water management 
 88.24  plan; and 
 88.25     (3) exercise any and all powers necessary to assure 
 88.26  implementation of comprehensive local water management plans.  
 88.27     Sec. 94.  Minnesota Statutes 2002, section 103B.311, 
 88.28  subdivision 2, is amended to read: 
 88.29     Subd. 2.  [DELEGATION.] The county is responsible for 
 88.30  preparing, adopting, and assuring implementation of the 
 88.31  comprehensive local water management plan, but may delegate all 
 88.32  or part of the preparation of the plan to a local unit of 
 88.33  government, a regional development commission, or a resource 
 88.34  conservation and development committee.  The county may not 
 88.35  delegate authority for the exercise of eminent domain, taxation, 
 88.36  or assessment to a local unit of government that does not 
 89.1   possess those powers.  
 89.2      Sec. 95.  Minnesota Statutes 2002, section 103B.311, 
 89.3   subdivision 3, is amended to read: 
 89.4      Subd. 3.  [COORDINATION.] (a) To assure the coordination of 
 89.5   efforts of all local units of government within a county during 
 89.6   the preparation and implementation of a comprehensive local 
 89.7   water management plan, each county intending to adopt a plan 
 89.8   shall conduct meetings with other local units of government and 
 89.9   may execute agreements with other local units of government 
 89.10  establishing the responsibilities of each unit during the 
 89.11  preparation and implementation of the comprehensive local water 
 89.12  management plan. 
 89.13     (b) Each county intending to adopt a plan shall coordinate 
 89.14  its planning program with contiguous counties.  Before meeting 
 89.15  with local units of government, a county board shall notify the 
 89.16  county boards of each county contiguous to it that the county is 
 89.17  about to begin preparing its comprehensive local water 
 89.18  management plan and is encouraged to request and hold a joint 
 89.19  meeting with the contiguous county boards to consider the 
 89.20  planning process.  
 89.21     Sec. 96.  Minnesota Statutes 2002, section 103B.311, 
 89.22  subdivision 4, is amended to read: 
 89.23     Subd. 4.  [WATER PLAN REQUIREMENTS.] (a) A 
 89.24  comprehensive local water management plan must: 
 89.25     (1) cover the entire area within a county; 
 89.26     (2) address water problems in the context of watershed 
 89.27  units and groundwater systems; 
 89.28     (3) be based upon principles of sound hydrologic management 
 89.29  of water, effective environmental protection, and efficient 
 89.30  management; 
 89.31     (4) be consistent with comprehensive local water management 
 89.32  plans prepared by counties and watershed management 
 89.33  organizations wholly or partially within a single watershed unit 
 89.34  or groundwater system; and 
 89.35     (5) the comprehensive local water management plan must 
 89.36  specify the period covered by the comprehensive local water 
 90.1   management plan and must extend at least five years but no more 
 90.2   than ten years from the date the board approves 
 90.3   the comprehensive local water management plan.  
 90.4   Comprehensive Local water management plans that contain revision 
 90.5   dates inconsistent with this section must comply with that date, 
 90.6   provided it is not more than ten years beyond the date of board 
 90.7   approval.  A two-year extension of the revision date of 
 90.8   a comprehensive local water management plan may be granted by 
 90.9   the board, provided no projects are ordered or commenced during 
 90.10  the period of the extension. 
 90.11     (b) Existing water and related land resources plans, 
 90.12  including plans related to agricultural land preservation 
 90.13  programs developed pursuant to chapter 40A, must be fully 
 90.14  utilized in preparing the comprehensive local water management 
 90.15  plan.  Duplication of the existing plans is not required.  
 90.16     Sec. 97.  [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 
 90.17     Each priority concerns scoping document must contain: 
 90.18     (1) the list of proposed priority concerns the plan will 
 90.19  address; and 
 90.20     (2) a description of how and why the priority concerns were 
 90.21  chosen, including: 
 90.22     (i) a list of all public and internal forums held to gather 
 90.23  input regarding priority concerns, including the dates they were 
 90.24  held, a list of participants and affiliated organizations, a 
 90.25  summary of the proceedings, and supporting data; 
 90.26     (ii) the process used to locally coordinate and resolve 
 90.27  differences between the plan's priority concerns and other 
 90.28  state, local, and regional concerns; and 
 90.29     (iii) a list of issues identified by the stakeholders but 
 90.30  not selected as priority concerns, why they were not included in 
 90.31  the list of priority concerns, and a brief description of how 
 90.32  the concerns may be addressed or delegated to other partnering 
 90.33  entities. 
 90.34     Sec. 98.  [103B.313] [PLAN DEVELOPMENT.] 
 90.35     Subdivision 1.  [NOTICE OF PLAN REVISION.] The local water 
 90.36  management plan authority shall send a notice to local 
 91.1   government units partially or wholly within the planning 
 91.2   jurisdiction, adjacent counties, and state review agencies of 
 91.3   their intent to revise the local water management plan.  The 
 91.4   notice of a plan revision must include an invitation for all 
 91.5   recipients to submit priority concerns they wish to see the plan 
 91.6   address. 
 91.7      Subd. 2.  [SUBMITTING PRIORITY CONCERNS TO PLANNING 
 91.8   AUTHORITY.] Local governments and state review agencies must 
 91.9   submit the priority concerns they want the plan to address to 
 91.10  the plan authority within 45 days of receiving the notice 
 91.11  defined in subdivision 1 or within an otherwise agreed-upon time 
 91.12  frame. 
 91.13     Subd. 3.  [PUBLIC INFORMATION MEETING.] Before submitting 
 91.14  the priority concerns scoping document to the board, the plan 
 91.15  authority shall publish a legal notice for and conduct a public 
 91.16  information meeting. 
 91.17     Subd. 4.  [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 
 91.18  TO BOARD.] The plan authority shall send the scoping document to 
 91.19  all state review agencies for review and comment.  State review 
 91.20  agencies shall provide comments on the plan outline to the board 
 91.21  within 30 days of receipt. 
 91.22     Subd. 5.  [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 
 91.23  DOCUMENT.] The board shall review the scoping document and the 
 91.24  comments submitted in accordance with this subdivision.  The 
 91.25  board shall provide comments to the local plan authority within 
 91.26  60 days of receiving the scoping document, or after the next 
 91.27  regularly scheduled board meeting, whichever is later.  No local 
 91.28  water management plan may be approved pursuant to section 
 91.29  103B.315 without addressing items communicated in the board 
 91.30  comments to the plan authority.  The plan authority may request 
 91.31  that resolution of unresolved issues be addressed pursuant to 
 91.32  board policy defined in section 103B.345. 
 91.33     Subd. 6.  [REQUESTS FOR EXISTING AGENCY INFORMATION 
 91.34  RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 
 91.35  review agencies shall, upon request from the local government, 
 91.36  provide existing plans, reports, and data analysis related to 
 92.1   priority concerns to the plan author within 60 days from the 
 92.2   date of the request or within an otherwise agreed upon time 
 92.3   frame. 
 92.4      Sec. 99.  [103B.314] [CONTENTS OF PLAN.] 
 92.5      Subdivision 1.  [EXECUTIVE SUMMARY.] Each plan must have an 
 92.6   executive summary, including: 
 92.7      (1) the purpose of the local water management plan; 
 92.8      (2) a description of the priority concerns to be addressed 
 92.9   by the plan; 
 92.10     (3) a summary of goals and actions to be taken along with 
 92.11  the projected total cost of the implementation program; 
 92.12     (4) a summary of the consistency of the plan with other 
 92.13  pertinent local, state, and regional plans and controls, and 
 92.14  where inconsistencies are noted; and 
 92.15     (5) a summary of recommended amendments to other plans and 
 92.16  official controls to achieve consistency. 
 92.17     Subd. 2.  [ASSESSMENT OF PRIORITY CONCERNS.] For each 
 92.18  priority concern defined pursuant to section 103B.312, clause 
 92.19  (1), the plan shall analyze relevant data, plans, and policies 
 92.20  provided by agencies consistent with section 103B.313, 
 92.21  subdivision 6, and describe the magnitude of the concern, 
 92.22  including how the concern is impacting or changing the local 
 92.23  land and water resources. 
 92.24     Subd. 3.  [GOALS AND OBJECTIVES ADDRESSING PRIORITY 
 92.25  CONCERNS.] Each plan must contain specific measurable goals and 
 92.26  objectives relating to the priority concerns and other state, 
 92.27  regional, or local concerns.  The goals and objectives must 
 92.28  coordinate and attempt to resolve conflict with city, county, 
 92.29  regional, or state goals and policies. 
 92.30     Subd. 4.  [IMPLEMENTATION PROGRAM FOR PRIORITY 
 92.31  CONCERNS.] (a) For the measurable goals identified in 
 92.32  subdivision 3, each plan must include an implementation program 
 92.33  that includes the items described in paragraphs (b) to (e). 
 92.34     (b) An implementation program must include actions 
 92.35  involving, but not limited to, data collection programs, 
 92.36  educational programs, capital improvement projects, project 
 93.1   feasibility studies, enforcement strategies, amendments to 
 93.2   existing official controls, and adoption of new official 
 93.3   controls.  If the local government finds that no actions are 
 93.4   necessary to address the goals and objectives identified in 
 93.5   subdivision 3 it must explain why actions are not needed.  Staff 
 93.6   and financial resources available or needed to carry out the 
 93.7   local water management plan must be stated. 
 93.8      (c) The implementation schedule must state the time in 
 93.9   which each of the actions contained in the implementation 
 93.10  program will be taken. 
 93.11     (d) If a local government unit has made any agreement for 
 93.12  the implementation of the plan or portions of a plan by another 
 93.13  local unit of government, that local unit must be specified, the 
 93.14  responsibility indicated, and a description included indicating 
 93.15  how and when the implementation will happen. 
 93.16     (e) If capital improvement projects are proposed to 
 93.17  implement the local water management plan, the projects must be 
 93.18  described in the plan.  The description of a proposed capital 
 93.19  improvement project must include the following information: 
 93.20     (1) the physical components of the project, including their 
 93.21  approximate size, configuration, and location; 
 93.22     (2) the purposes of the project and relationship to the 
 93.23  objectives in the plan; 
 93.24     (3) the proposed schedule for project construction; 
 93.25     (4) the expected federal, state, and local costs; 
 93.26     (5) the types of financing proposed, such as special 
 93.27  assessments, ad valorem taxes, and grants; and 
 93.28     (6) the sources of local financing proposed. 
 93.29     Subd. 5.  [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 
 93.30  ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 
 93.31  actions that will be taken to carry out the responsibilities or 
 93.32  activities, identify the lead and supporting organizations or 
 93.33  government units that will be involved in carrying out the 
 93.34  action, and estimate the cost of each action. 
 93.35     Subd. 6.  [AMENDMENTS.] The plan authority may initiate an 
 93.36  amendment to the local water management plan by submitting a 
 94.1   petition to the board and sending copies of the proposed 
 94.2   amendment and the date of the public hearing to the following 
 94.3   entities for review:  local government units defined in section 
 94.4   103B.305, subdivision 5, that are within the plan's 
 94.5   jurisdiction; and the state review agencies. 
 94.6      After the public hearing the board may, by order, approve 
 94.7   or prescribe changes in the amendment.  The amendment becomes 
 94.8   part of the local water management plan after being approved by 
 94.9   the board.  The board must send the order and the approved 
 94.10  amendment to the entities that received the proposed amendment 
 94.11  and notice of the public hearing. 
 94.12     Sec. 100.  Minnesota Statutes 2002, section 103B.315, 
 94.13  subdivision 4, is amended to read: 
 94.14     Subd. 4.  [PUBLIC HEARING.] The county board shall conduct 
 94.15  a public hearing on the comprehensive local water management 
 94.16  plan pursuant to section 375.51 after the 60-day period for 
 94.17  local review and comment is completed but before submitting it 
 94.18  to the state for review.  
 94.19     Sec. 101.  Minnesota Statutes 2002, section 103B.315, 
 94.20  subdivision 5, is amended to read: 
 94.21     Subd. 5.  [STATE REVIEW.] (a) After conducting the public 
 94.22  hearing but before final adoption, the county board must submit 
 94.23  its comprehensive local water management plan, all written 
 94.24  comments received on the plan, a record of the public hearing 
 94.25  under subdivision 4, and a summary of changes incorporated as a 
 94.26  result of the review process to the board for review.  The board 
 94.27  shall complete the review within 90 days after receiving a 
 94.28  comprehensive local water management plan and supporting 
 94.29  documents.  The board shall consult with the departments of 
 94.30  agriculture, health, and natural resources; the pollution 
 94.31  control agency; the environmental quality board; and other 
 94.32  appropriate state agencies during the review. 
 94.33     (b) The board may disapprove a comprehensive local water 
 94.34  management plan if the board determines the plan is not 
 94.35  consistent with state law. If a plan is disapproved, the board 
 94.36  shall provide a written statement of its reasons for 
 95.1   disapproval.  A disapproved comprehensive local water management 
 95.2   plan must be revised by the county board and resubmitted for 
 95.3   approval by the board within 120 days after receiving notice of 
 95.4   disapproval of the comprehensive local water management plan, 
 95.5   unless the board extends the period for good cause.  The 
 95.6   decision of the board to disapprove the plan may be appealed by 
 95.7   the county to district court.  
 95.8      Sec. 102.  Minnesota Statutes 2002, section 103B.315, 
 95.9   subdivision 6, is amended to read: 
 95.10     Subd. 6.  [ADOPTION AND IMPLEMENTATION.] A county board 
 95.11  shall adopt and begin implementation of its comprehensive local 
 95.12  water management plan within 120 days after receiving notice of 
 95.13  approval of the plan from the board.  
 95.14     Sec. 103.  Minnesota Statutes 2002, section 103B.321, 
 95.15  subdivision 1, is amended to read: 
 95.16     Subdivision 1.  [GENERAL.] The board shall:  
 95.17     (1) develop guidelines for the contents of comprehensive 
 95.18  local water management plans that provide for a flexible 
 95.19  approach to meeting the different water and related land 
 95.20  resources needs of counties and watersheds across the state; 
 95.21     (2) coordinate assistance of state agencies to counties and 
 95.22  other local units of government involved in preparation of 
 95.23  comprehensive local water management plans, including 
 95.24  identification of pertinent data and studies available from the 
 95.25  state and federal government; 
 95.26     (3) conduct an active program of information and education 
 95.27  concerning the requirements and purposes of sections 103B.301 to 
 95.28  103B.355 in conjunction with the association of Minnesota 
 95.29  counties; 
 95.30     (4) determine contested cases under section 103B.345; 
 95.31     (5) establish a process for review of comprehensive local 
 95.32  water management plans that assures the plans are consistent 
 95.33  with state law; 
 95.34     (6) report to the house of representatives and senate 
 95.35  committees with jurisdiction over the environment, natural 
 95.36  resources, and agriculture as required by section 103B.351; and 
 96.1      (7) make grants to counties for comprehensive local water 
 96.2   management planning, implementation of priority actions 
 96.3   identified in approved plans, and sealing of abandoned wells. 
 96.4      Sec. 104.  Minnesota Statutes 2002, section 103B.321, 
 96.5   subdivision 2, is amended to read: 
 96.6      Subd. 2.  [RULEMAKING.] The board shall may adopt rules to 
 96.7   implement sections 103B.301 to 103B.355.  
 96.8      Sec. 105.  Minnesota Statutes 2002, section 103B.325, 
 96.9   subdivision 1, is amended to read: 
 96.10     Subdivision 1.  [REQUIREMENT.] Local units of government 
 96.11  shall amend existing water and related land resources plans and 
 96.12  official controls as necessary to conform them to the 
 96.13  applicable, approved comprehensive local water management plan 
 96.14  following the procedures in this section.  
 96.15     Sec. 106.  Minnesota Statutes 2002, section 103B.325, 
 96.16  subdivision 2, is amended to read: 
 96.17     Subd. 2.  [PROCEDURE.] Within 90 days after local units of 
 96.18  government are notified by the county board of the adoption of a 
 96.19  comprehensive local water management plan or of adoption of an 
 96.20  amendment to a comprehensive water plan, the local units of 
 96.21  government exercising water and related land resources planning 
 96.22  and regulatory responsibility for areas within the county must 
 96.23  submit existing water and related land resources plans and 
 96.24  official controls to the county board for review.  The county 
 96.25  board shall identify any inconsistency between the plans and 
 96.26  controls and the comprehensive local water management plan and 
 96.27  shall recommend the amendments necessary to bring local plans 
 96.28  and official controls into conformance with the comprehensive 
 96.29  local water management plan.  
 96.30     Sec. 107.  Minnesota Statutes 2002, section 103B.331, 
 96.31  subdivision 1, is amended to read: 
 96.32     Subdivision 1.  [AUTHORITY.] When an approved comprehensive 
 96.33  local water management plan is adopted the county has the 
 96.34  authority specified in this section.  
 96.35     Sec. 108.  Minnesota Statutes 2002, section 103B.331, 
 96.36  subdivision 2, is amended to read: 
 97.1      Subd. 2.  [REGULATION OF WATER AND LAND RESOURCES.] The 
 97.2   county may regulate the use and development of water and related 
 97.3   land resources within incorporated areas when one or more of the 
 97.4   following conditions exists: 
 97.5      (1) the municipality does not have a local water and 
 97.6   related land resources plan or official controls consistent with 
 97.7   the comprehensive local water management plan; 
 97.8      (2) a municipal action granting a variance or conditional 
 97.9   use would result in an action inconsistent with the 
 97.10  comprehensive local water management plan; 
 97.11     (3) the municipality has authorized the county to require 
 97.12  permits for the use and development of water and related land 
 97.13  resources; or 
 97.14     (4) a state agency has delegated the administration of a 
 97.15  state permit program to the county.  
 97.16     Sec. 109.  Minnesota Statutes 2002, section 103B.331, 
 97.17  subdivision 3, is amended to read: 
 97.18     Subd. 3.  [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 
 97.19  county may: 
 97.20     (1) acquire in the name of the county, by condemnation 
 97.21  under chapter 117, real and personal property found by the 
 97.22  county board to be necessary for the implementation of an 
 97.23  approved comprehensive local water management plan; 
 97.24     (2) assess the costs of projects necessary to implement the 
 97.25  comprehensive local water management plan undertaken under 
 97.26  sections 103B.301 to 103B.355 upon the property benefited within 
 97.27  the county in the manner provided for municipalities by chapter 
 97.28  429; 
 97.29     (3) charge users for services provided by the county 
 97.30  necessary to implement the comprehensive local water management 
 97.31  plan; and 
 97.32     (4) establish one or more special taxing districts within 
 97.33  the county and issue bonds for the purpose of financing capital 
 97.34  improvements under sections 103B.301 to 103B.355.  
 97.35     Sec. 110.  Minnesota Statutes 2002, section 103B.3363, 
 97.36  subdivision 3, is amended to read: 
 98.1      Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 98.2   "Comprehensive local water management plan," means 
 98.3   "comprehensive water plan," "local water plan," and "local water 
 98.4   management plan" mean a county water plan authorized under 
 98.5   section 103B.311, a watershed management plan required under 
 98.6   section 103B.231, a watershed management plan required under 
 98.7   section 103D.401 or 103D.405, or a county groundwater plan 
 98.8   authorized under section 103B.255.  
 98.9      Sec. 111.  Minnesota Statutes 2002, section 103B.3369, 
 98.10  subdivision 2, is amended to read: 
 98.11     Subd. 2.  [ESTABLISHMENT.] A Local Water Resources 
 98.12  Protection and Management Program is established.  The board 
 98.13  shall may provide financial assistance to counties for local 
 98.14  units of government for activities that protect or manage water 
 98.15  and related land quality.  The activities include planning, 
 98.16  zoning, official controls, and other activities to 
 98.17  implement comprehensive local water management plans.  
 98.18     Sec. 112.  Minnesota Statutes 2002, section 103B.3369, 
 98.19  subdivision 4, is amended to read: 
 98.20     Subd. 4.  [CONTRACTS WITH LOCAL GOVERNMENTS.] A county 
 98.21  local unit of government may contract with other appropriate 
 98.22  local units of government to implement programs.  An explanation 
 98.23  of the program responsibilities proposed to be contracted with 
 98.24  other local units of government must accompany grant requests.  
 98.25  A county local unit of government that contracts with other 
 98.26  local units of government is responsible for ensuring that state 
 98.27  funds are properly expended and for providing an annual report 
 98.28  to the board describing expenditures of funds and program 
 98.29  accomplishments.  
 98.30     Sec. 113.  Minnesota Statutes 2002, section 103B.3369, 
 98.31  subdivision 5, is amended to read: 
 98.32     Subd. 5.  [FINANCIAL ASSISTANCE.] (a) The board may award 
 98.33  grants to watershed management organizations in the seven-county 
 98.34  metropolitan area or counties to carry out water resource 
 98.35  protection and management programs identified as priorities in 
 98.36  comprehensive local water plans.  Grants may be used to employ 
 99.1   persons and to obtain and use information necessary local units 
 99.2   of government to: 
 99.3      (1) develop comprehensive or revise local water management 
 99.4   plans under sections 103B.201, 103B.255 and, 103B.311, 103D.401, 
 99.5   and 103D.405 that have not received state funding for water 
 99.6   resources planning as provided for in Laws 1987, chapter 404, 
 99.7   section 30, subdivision 5, clause (a); and 
 99.8      (2) revise comprehensive local water plans under section 
 99.9   103B.201; and 
 99.10     (3) implement comprehensive local water management plans, 
 99.11  including, but not limited to, the grants described in 
 99.12  paragraphs (b) and (c). 
 99.13     (b) A base grant shall may be awarded to a county that 
 99.14  levies a water implementation tax at a rate, which shall be 
 99.15  determined by the board.  The minimum amount of the water 
 99.16  implementation tax shall be a tax rate times the adjusted net 
 99.17  tax capacity of the county for the preceding year.  The rate 
 99.18  shall be the rate, rounded to the nearest .001 of a percent, 
 99.19  that, when applied to the adjusted net tax capacity for all 
 99.20  counties, raises the amount of $1,500,000.  The base grant will 
 99.21  be in an amount equal to $37,500 less the amount raised by that 
 99.22  levy.  If the amount necessary to implement the local water plan 
 99.23  for the county is less than $37,500, the amount of the base 
 99.24  grant shall be the amount that, when added to the levy amount, 
 99.25  equals the amount required to implement the plan.  For counties 
 99.26  where the tax rate generates an amount equal to or greater than 
 99.27  $18,750, the base grant shall be in an amount equal to $18,750. 
 99.28     (c) Competitive grants may be awarded based on available 
 99.29  funds. 
 99.30     Sec. 114.  Minnesota Statutes 2002, section 103B.3369, 
 99.31  subdivision 6, is amended to read: 
 99.32     Subd. 6.  [LIMITATIONS.] (a) Grants provided to implement 
 99.33  programs under this section must be reviewed by the state agency 
 99.34  having statutory program authority to assure compliance with 
 99.35  minimum state standards.  At the request of the state agency 
 99.36  commissioner, the board shall revoke the portion of a grant used 
100.1   to support a program not in compliance.  
100.2      (b) Grants provided to develop or revise comprehensive 
100.3   local water management plans may not be awarded for a time 
100.4   longer than two years.  
100.5      (c) A county local unit of government may not request or be 
100.6   awarded grants for project implementation unless a comprehensive 
100.7   local management water plan has been adopted. 
100.8      Sec. 115.  Minnesota Statutes 2002, section 103B.355, is 
100.9   amended to read: 
100.10     103B.355 [APPLICATION.] 
100.11     Sections 103B.301 to 103B.355 do not apply in areas subject 
100.12  to the requirements of sections 103B.201 to 103B.255 under 
100.13  section 103B.231, subdivision 1, and in areas covered by an 
100.14  agreement under section 103B.231, subdivision 2, except as 
100.15  otherwise provided in sections section 103B.311, subdivision 4, 
100.16  clause (4); and 103B.315, subdivisions 1, clauses (3) and (4), 
100.17  and 2, clause (b). 
100.18     Sec. 116.  Minnesota Statutes 2002, section 103D.405, 
100.19  subdivision 2, is amended to read: 
100.20     Subd. 2.  [REQUIRED TEN-YEAR REVISION.] (a) After ten years 
100.21  and six months from the date that the board approved a watershed 
100.22  management plan or the last revised watershed management plan, 
100.23  the managers must consider the requirements under subdivision 1 
100.24  and adopt a revised watershed management plan outline and send a 
100.25  copy of the outline to the board.  
100.26     (b) By 60 days after receiving a revised watershed 
100.27  management plan outline, the board must review it, adopt 
100.28  recommendations regarding the revised watershed management plan 
100.29  outline, and send the recommendations to the managers.  
100.30     (c) By 120 days After receiving the board's recommendations 
100.31  regarding the revised watershed management plan outline, the 
100.32  managers must complete the revised watershed management plan.  
100.33     Sec. 117.  Minnesota Statutes 2002, section 103G.005, 
100.34  subdivision 10e, is amended to read: 
100.35     Subd. 10e.  [LOCAL GOVERNMENT UNIT.] "Local government 
100.36  unit" means: 
101.1      (1) outside of the seven-county metropolitan area, a city 
101.2   council or, county board of commissioners, or a soil and water 
101.3   conservation district or their delegate; 
101.4      (2) in the seven-county metropolitan area, a city council, 
101.5   a town board under section 368.01, or a watershed management 
101.6   organization under section 103B.211, or a soil and water 
101.7   conservation district or their delegate; and 
101.8      (3) on state land, the agency with administrative 
101.9   responsibility for the land. 
101.10     Sec. 118.  Minnesota Statutes 2002, section 103G.2242, is 
101.11  amended by adding a subdivision to read: 
101.12     Subd. 14.  [FEES ESTABLISHED.] Fees must be assessed for 
101.13  managing wetland bank accounts and transactions as follows: 
101.14     (1) account maintenance annual fee:  one percent of the 
101.15  value of credits not to exceed $500; 
101.16     (2) account establishment, deposit, or transfer:  6.5 
101.17  percent of the value of credits not to exceed $1,000 per 
101.18  establishment, deposit, or transfer; and 
101.19     (3) withdrawal fee:  6.5 percent of the value of credits 
101.20  withdrawn. 
101.21     Sec. 119.  Minnesota Statutes 2002, section 103G.2242, is 
101.22  amended by adding a subdivision to read: 
101.23     Subd. 15.  [FEES PAID TO BOARD.] All fees established in 
101.24  subdivision 14 must be paid to the board of water and soil 
101.25  resources and credited to the general fund to be used for the 
101.26  purpose of administration of the wetland bank. 
101.27     Sec. 120.  Minnesota Statutes 2002, section 103G.271, 
101.28  subdivision 6, is amended to read: 
101.29     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
101.30  described in paragraphs (b) to (f), a water use permit 
101.31  processing fee must be prescribed by the commissioner in 
101.32  accordance with the following schedule of fees in this 
101.33  subdivision for each water use permit in force at any time 
101.34  during the year.  The schedule is as follows, with the stated 
101.35  fee in each clause applied to the total amount appropriated: 
101.36     (1) 0.05 cents per 1,000 gallons $100 for the first amounts 
102.1   not exceeding 50,000,000 gallons per year; 
102.2      (2) 0.10 cents $2 per 1,000 1,000,000 gallons for amounts 
102.3   greater than 50,000,000 gallons but less than 100,000,000 
102.4   gallons per year; 
102.5      (3) 0.15 cents $2.50 per 1,000 1,000,000 gallons for 
102.6   amounts greater than 100,000,000 gallons but less than 
102.7   150,000,000 gallons per year; 
102.8      (4) 0.20 cents $3 per 1,000 1,000,000 gallons for amounts 
102.9   greater than 150,000,000 gallons but less than 200,000,000 
102.10  gallons per year; 
102.11     (5) 0.25 cents $3.50 per 1,000 1,000,000 gallons for 
102.12  amounts greater than 200,000,000 gallons but less than 
102.13  250,000,000 gallons per year; 
102.14     (6) 0.30 cents $4 per 1,000 1,000,000 gallons for amounts 
102.15  greater than 250,000,000 gallons but less than 300,000,000 
102.16  gallons per year; 
102.17     (7) 0.35 cents $4.50 per 1,000 1,000,000 gallons for 
102.18  amounts greater than 300,000,000 gallons but less than 
102.19  350,000,000 gallons per year; 
102.20     (8) 0.40 cents $5 per 1,000 1,000,000 gallons for amounts 
102.21  greater than 350,000,000 gallons but less than 400,000,000 
102.22  gallons per year; and 
102.23     (9) 0.45 cents $5.50 per 1,000 1,000,000 gallons for 
102.24  amounts greater than 400,000,000 gallons but less than 
102.25  450,000,000 gallons per year.; 
102.26     (10) $6 per 1,000,000 gallons for amounts greater than 
102.27  450,000,000 gallons but less than 500,000,000 gallons per year; 
102.28  and 
102.29     (11) $6.50 per 1,000,000 gallons for amounts greater than 
102.30  500,000,000 gallons per year. 
102.31     (b) For once-through cooling systems, a water use 
102.32  processing fee must be prescribed by the commissioner in 
102.33  accordance with the following schedule of fees for each water 
102.34  use permit in force at any time during the year: 
102.35     (1) for nonprofit corporations and school districts, 15.0 
102.36  cents $150 per 1,000 1,000,000 gallons; and 
103.1      (2) for all other users, 20 cents $200 per 1,000 1,000,000 
103.2   gallons. 
103.3      (c) The fee is payable based on the amount of water 
103.4   appropriated during the year and, except as provided in 
103.5   paragraph (f), the minimum fee is $50 $100.  
103.6      (d) For water use processing fees other than once-through 
103.7   cooling systems:  
103.8      (1) the fee for a city of the first class may not exceed 
103.9   $175,000 $250,000 per year; 
103.10     (2) the fee for other entities for any permitted use may 
103.11  not exceed: 
103.12     (i) $35,000 $50,000 per year for an entity holding three or 
103.13  fewer permits; 
103.14     (ii) $50,000 $75,000 per year for an entity holding four or 
103.15  five permits; 
103.16     (iii) $175,000 $250,000 per year for an entity holding more 
103.17  than five permits; 
103.18     (3) the fee for agricultural irrigation may not exceed $750 
103.19  per year; 
103.20     (4) the fee for a municipality that furnishes electric 
103.21  service and cogenerates steam for home heating may not exceed 
103.22  $10,000 for its permit for water use related to the cogeneration 
103.23  of electricity and steam; and 
103.24     (5) no fee is required for a project involving the 
103.25  appropriation of surface water to prevent flood damage or to 
103.26  remove flood waters during a period of flooding, as determined 
103.27  by the commissioner.  
103.28     (e) Failure to pay the fee is sufficient cause for revoking 
103.29  a permit.  A penalty of two percent per month calculated from 
103.30  the original due date must be imposed on the unpaid balance of 
103.31  fees remaining 30 days after the sending of a second notice of 
103.32  fees due.  A fee may not be imposed on an agency, as defined in 
103.33  section 16B.01, subdivision 2, or federal governmental agency 
103.34  holding a water appropriation permit. 
103.35     (f) The minimum water use processing fee for a permit 
103.36  issued for irrigation of agricultural land is $10 $20 for years 
104.1   in which: 
104.2      (1) there is no appropriation of water under the permit; or 
104.3      (2) the permit is suspended for more than seven consecutive 
104.4   days between May 1 and October 1. 
104.5      Sec. 121.  Minnesota Statutes 2002, section 103G.271, 
104.6   subdivision 6a, is amended to read: 
104.7      Subd. 6a.  [PAYMENT OF FEES FOR PAST UNPERMITTED 
104.8   APPROPRIATIONS.] An entity that appropriates water without a 
104.9   required permit under subdivision 1 must pay the applicable 
104.10  water use permit processing fee specified in subdivision 6 for 
104.11  the period during which the unpermitted appropriation occurred.  
104.12  The fees for unpermitted appropriations are required for the 
104.13  previous seven calendar years after being notified of the need 
104.14  for a permit.  This fee is in addition to any other fee or 
104.15  penalty assessed. 
104.16     Sec. 122.  Minnesota Statutes 2002, section 103G.611, 
104.17  subdivision 1, is amended to read: 
104.18     Subdivision 1.  [REQUIREMENT REQUIREMENTS.] (a) The fee for 
104.19  a permit to operate an aeration system on public waters during 
104.20  periods of ice cover is $250.  The commissioner may waive the 
104.21  fee for aeration systems that are assisting efforts to maintain 
104.22  angling opportunities through the prevention of winterkill.  To 
104.23  be eligible for the fee waiver, the lake being aerated must have 
104.24  public access and aeration must be identified as a desirable 
104.25  management tool in a plan approved by the commissioner.  
104.26  Operation of the aeration system in a manner not consistent with 
104.27  the approved plan represents justification for rescinding the 
104.28  fee waiver.  The fee may not be charged to the state or a 
104.29  federal governmental agency applying for a permit.  The money 
104.30  received for permits under this subdivision must be deposited in 
104.31  the treasury and credited to the game and fish fund. 
104.32     (b) A person operating an aeration system on public waters 
104.33  under a water aeration permit must comply with the sign posting 
104.34  requirements of this section and applicable rules of the 
104.35  commissioner.  
104.36     Sec. 123.  Minnesota Statutes 2002, section 103G.615, 
105.1   subdivision 2, is amended to read: 
105.2      Subd. 2.  [FEES.] (a) The commissioner shall establish a 
105.3   fee schedule for permits to harvest aquatic plants other than 
105.4   wild rice, by order, after holding a public hearing.  The fees 
105.5   may not exceed $200 $750 per permit based upon the cost of 
105.6   receiving, processing, analyzing, and issuing the permit, and 
105.7   additional costs incurred after the application to inspect and 
105.8   monitor the activities authorized by the permit, and enforce 
105.9   aquatic plant management rules and permit requirements. 
105.10     (b) The fee for a permit for chemical treatment the 
105.11  destruction of rooted aquatic vegetation may not exceed $20 is 
105.12  $35 for each contiguous parcel of shoreline owned by an owner.  
105.13  This fee may not be charged for permits issued in connection 
105.14  with lakewide Eurasian water milfoil control programs. 
105.15     (c) A fee may not be charged to the state or a federal 
105.16  governmental agency applying for a permit. 
105.17     (d) The money received for the permits under this 
105.18  subdivision shall be deposited in the treasury and credited to 
105.19  the game and fish fund. 
105.20     Sec. 124.  Minnesota Statutes 2002, section 115.01, is 
105.21  amended by adding a subdivision to read: 
105.22     Subd. 16a.  [SEPTAGE.] "Septage" means solids and liquids 
105.23  removed during periodic maintenance of an individual sewage 
105.24  system, or solids and liquids that are removed from toilet waste 
105.25  treatment devices. 
105.26     Sec. 125.  Minnesota Statutes 2002, section 115.03, is 
105.27  amended by adding a subdivision to read: 
105.28     Subd. 5b.  [STORM WATER PERMITS; COMPLIANCE WITH 
105.29  NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 
105.30  period in which this subdivision is in effect, all point source 
105.31  storm water discharges that are subject to and in compliance 
105.32  with an individual or general storm water permit issued by the 
105.33  pollution control agency under the National Pollution Discharge 
105.34  Elimination System are considered to be in compliance with the 
105.35  nondegradation and mitigation requirements of agency water 
105.36  quality rules. 
106.1      (b) This subdivision is repealed on the earlier of July 1, 
106.2   2007, or the effective date of rules adopted by the pollution 
106.3   control agency that provide specific mechanisms or criteria to 
106.4   determine whether point source storm water discharges comply 
106.5   with the nondegradation and mitigation requirements of agency 
106.6   water quality rules. 
106.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
106.8   following final enactment. 
106.9      Sec. 126.  Minnesota Statutes 2002, section 115.03, is 
106.10  amended by adding a subdivision to read: 
106.11     Subd. 5c.  [REGULATION OF STORM WATER DISCHARGES.] (a) The 
106.12  agency may issue a general permit to any category or subcategory 
106.13  of point source storm water discharges that it deems 
106.14  administratively reasonable and efficient without making any 
106.15  findings under agency rules.  Nothing in this subdivision 
106.16  precludes the agency from requiring an individual permit for a 
106.17  point source storm water discharge if the agency finds that it 
106.18  is appropriate under applicable legal or regulatory standards. 
106.19     (b) Pursuant to this paragraph, the legislature authorizes 
106.20  the agency to adopt and enforce rules regulating point source 
106.21  storm water discharges.  No further legislative approval is 
106.22  required under any other legal or statutory provision whether 
106.23  enacted before or after the enactment of this section. 
106.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
106.25  following final enactment. 
106.26     Sec. 127.  Minnesota Statutes 2002, section 115.55, 
106.27  subdivision 1, is amended to read: 
106.28     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
106.29  subdivision apply to this section and section 115.56. 
106.30     (b) "Advisory committee" means the advisory committee on 
106.31  individual sewage treatment systems established under the 
106.32  individual sewage treatment system rules.  The advisory 
106.33  committee must be appointed to ensure geographic representation 
106.34  of the state and include elected public officials. 
106.35     (c) "Applicable requirements" means: 
106.36     (1) local ordinances that comply with the individual sewage 
107.1   treatment system rules, as required in subdivision 2; or 
107.2      (2) in areas not subject to the ordinances described in 
107.3   clause (1), the individual sewage treatment system rules. 
107.4      (d) "City" means a statutory or home rule charter city. 
107.5      (e) "Commissioner" means the commissioner of the pollution 
107.6   control agency. 
107.7      (f) "Dwelling" means a building or place used or intended 
107.8   to be used by human occupants as a single-family or two-family 
107.9   unit. 
107.10     (g) "Individual sewage treatment system" or "system" means 
107.11  a sewage treatment system, or part thereof, serving a dwelling, 
107.12  other establishment, or group thereof, that uses subsurface soil 
107.13  treatment and disposal. 
107.14     (h) "Individual sewage treatment system professional" means 
107.15  an inspector, installer, site evaluator or designer, or pumper. 
107.16     (i) "Individual sewage treatment system rules" means rules 
107.17  adopted by the agency that establish minimum standards and 
107.18  criteria for the design, location, installation, use, and 
107.19  maintenance of individual sewage treatment systems. 
107.20     (j) "Inspector" means a person who inspects individual 
107.21  sewage treatment systems for compliance with the applicable 
107.22  requirements. 
107.23     (k) "Installer" means a person who constructs or repairs 
107.24  individual sewage treatment systems. 
107.25     (l) "Local unit of government" means a township, city, or 
107.26  county. 
107.27     (m) "Operator" means a person who operates, determines the 
107.28  functional status, or adjusts or repairs components of a system 
107.29  that is designed for an average flow of over 2,500 gallons per 
107.30  day, or a system defined as requiring an operator criteria 
107.31  established by local ordinance. 
107.32     (m) (n) "Pumper" means a person who maintains components of 
107.33  individual sewage treatment systems including, but not limited 
107.34  to, septic, aerobic, and holding tanks. 
107.35     (n) (o) "Seasonal dwelling" means a dwelling that is 
107.36  occupied or used for less than 180 days per year and less than 
108.1   120 consecutive days. 
108.2      (p) "Septic system tank" means any covered receptacle 
108.3   designed, constructed, and installed as part of an individual 
108.4   sewage treatment system. 
108.5      (o) (q) "Site evaluator or designer" means a person who: 
108.6      (1) investigates soils and site characteristics to 
108.7   determine suitability, limitations, and sizing requirements; and 
108.8      (2) designs individual sewage treatment systems. 
108.9      Sec. 128.  Minnesota Statutes 2002, section 115.55, is 
108.10  amended by adding a subdivision to read: 
108.11     Subd. 4c.  [PUMPER SEPTAGE ACTIVITY.] Licensed pumpers must 
108.12  maintain accurate records of system pumping and septage disposal 
108.13  activity and shall submit a report to the commissioner annually 
108.14  detailing how and where septage is disposed.  Reports for the 
108.15  prior calendar year must be completed and submitted by February 
108.16  1 on a standardized form provided by the commissioner. 
108.17     Sec. 129.  [115.551] [TANK SURCHARGE.] 
108.18     A surcharge of $25 is imposed on the sale of each septic 
108.19  system tank.  The surcharge must be paid at the time the tax is 
108.20  imposed on the retail sale of a tank, as retail sale is defined 
108.21  in section 297A.61, subdivision 4.  The audit, assessment, 
108.22  refund, penalty, interest, enforcement, collection remedies, 
108.23  appeal, and administrative provisions of chapters 270 and 289A 
108.24  that are applicable to taxes imposed under chapter 297A apply to 
108.25  this surcharge.  The return and the surcharge must be filed 
108.26  using the filing cycle and due dates provided for taxes imposed 
108.27  under chapter 297A.  The surcharge must accompany the return.  
108.28  The return must be made upon a form furnished and prescribed by 
108.29  the commissioner of revenue and must contain other information 
108.30  as the commissioner of revenue may require.  Proceeds from the 
108.31  surcharge collection must be deposited in the environmental fund.
108.32     Sec. 130.  Minnesota Statutes 2002, section 115.56, 
108.33  subdivision 2, is amended to read: 
108.34     Subd. 2.  [LICENSE REQUIRED.] (a) Except as provided in 
108.35  paragraph (b), after March 31, 1996, a person may not design, 
108.36  install, maintain, pump, operate, or inspect an individual 
109.1   sewage treatment system without a license issued by the 
109.2   commissioner. 
109.3      (b) A license is not required for a person who complies 
109.4   with the applicable requirements if the person is: 
109.5      (1) a qualified employee of state or local government who 
109.6   has passed the examination described in paragraph (d) or a 
109.7   similar examination; 
109.8      (2) an individual who constructs an individual sewage 
109.9   treatment system on land that is owned or leased by the 
109.10  individual and functions solely as the individual's dwelling or 
109.11  seasonal dwelling; 
109.12     (3) a farmer who pumps and disposes of sewage waste from 
109.13  individual sewage treatment systems, holding tanks, and privies 
109.14  on land that is owned or leased by the farmer; or 
109.15     (4) an individual who performs labor or services for a 
109.16  person licensed under this section in connection with the 
109.17  design, installation, maintenance, pumping, or inspection of an 
109.18  individual sewage treatment system at the direction and under 
109.19  the personal supervision of a person licensed under this section.
109.20     A person constructing an individual sewage treatment system 
109.21  under clause (2) must consult with a site evaluator or designer 
109.22  before beginning construction.  In addition, the system must be 
109.23  inspected before being covered and a compliance report must be 
109.24  provided to the local unit of government after the inspection. 
109.25     (c) The commissioner, in conjunction with the University of 
109.26  Minnesota extension service or another higher education 
109.27  institution, shall ensure adequate training exists for 
109.28  individual sewage treatment system professionals.  A registered 
109.29  individual sewage treatment system professional must every two 
109.30  years earn 12 credits of training in the profession. 
109.31     (d) The commissioner shall conduct examinations to test the 
109.32  knowledge of applicants for licensing and shall issue 
109.33  documentation of licensing.  
109.34     (e) Licenses may be issued only upon successful completion 
109.35  of the required examination and submission of proof of 
109.36  sufficient experience, proof of general liability insurance, and 
110.1   a corporate surety bond in the amount of at least $10,000.  
110.2      (f) Notwithstanding paragraph (e), the examination and 
110.3   proof of experience are not required for an individual sewage 
110.4   treatment system professional who, on the effective date of the 
110.5   rules adopted under subdivision 1, holds a certification 
110.6   attained by examination and experience under a voluntary 
110.7   certification program administered by the agency. 
110.8      (g) Local units of government may not require additional 
110.9   local licenses for individual sewage treatment system 
110.10  professionals. 
110.11     (h) A pumper whose annual gross revenue from pumping 
110.12  systems is $9,000 or less and whose gross revenue from pumping 
110.13  systems during the year ending May 11, 1994, was at least $1,000 
110.14  is not subject to training requirements in rules adopted under 
110.15  subdivision 1, except for any training required for initial 
110.16  licensure. 
110.17     Sec. 131.  Minnesota Statutes 2002, section 115.72, is 
110.18  amended by adding a subdivision to read: 
110.19     Subd. 3.  [LIMITED SUBSURFACE CERTIFICATION.] (a) The 
110.20  commissioner may issue a limited subsurface certification within 
110.21  any wastewater facility operator classification to system 
110.22  operators, defined in section 115.55, subdivision 1, for use 
110.23  with individual sewage treatment systems only. 
110.24     (b) Experience with subsurface disposal systems may meet 
110.25  applicable experience requirements for the sole purpose of 
110.26  applying for a limited subsurface certification. 
110.27     Sec. 132.  Minnesota Statutes 2002, section 115A.54, is 
110.28  amended by adding a subdivision to read: 
110.29     Subd. 4.  [TERMINATION OF OBLIGATIONS; GOOD-FAITH 
110.30  EFFORT.] Notwithstanding the provisions of section 16A.695, the 
110.31  director may terminate the obligations of a grant or loan 
110.32  recipient under this section, if the director finds that the 
110.33  recipient has made a good-faith effort to exhaust all options in 
110.34  trying to comply with the terms and conditions of the grant or 
110.35  loan.  In lieu of declaring a default on a grant or a loan under 
110.36  this section, the director may identify additional measures a 
111.1   recipient should take in order to meet the good-faith test 
111.2   required for terminating the recipient's obligations under this 
111.3   section.  By December 15 of each year, the director shall report 
111.4   to the legislature the defaults and terminations the director 
111.5   has ordered in the previous year, if any.  No decision on 
111.6   termination under this section is effective until the end of the 
111.7   legislative session following the director's report. 
111.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
111.9   following final enactment. 
111.10     Sec. 133.  Minnesota Statutes 2002, section 115A.908, 
111.11  subdivision 2, is amended to read: 
111.12     Subd. 2.  [DEPOSIT OF REVENUE.] (a) From July 1, 2003, 
111.13  through June 30, 2007, revenue collected shall be credited to 
111.14  the general fund. 
111.15     (b) After June 30, 2007, revenue collected shall be 
111.16  credited to the motor vehicle transfer account in the 
111.17  environmental fund.  As cash flow permits, the commissioner of 
111.18  finance must transfer (1) $3,200,000 each fiscal year from the 
111.19  motor vehicle transfer account to the environmental response, 
111.20  compensation, and compliance account established in section 
111.21  115B.20; and (2) $1,200,000 each fiscal year from the motor 
111.22  vehicle transfer account to the general fund. 
111.23     Sec. 134.  Minnesota Statutes 2002, section 115A.919, 
111.24  subdivision 1, is amended to read: 
111.25     Subdivision 1.  [FEE.] (a) A county may impose a fee, by 
111.26  cubic yard of waste or its equivalent, on operators of 
111.27  facilities for the disposal of mixed municipal solid waste or 
111.28  construction debris located within the county.  The revenue from 
111.29  the fees shall be credited to the county general fund and shall 
111.30  be used only Up to 50 percent of the fee may be used for: 
111.31     (1) maintenance and operation of existing resource recovery 
111.32  facilities where waste is converted to energy; 
111.33     (2) grants made by the county to townships for the cost of 
111.34  annual cleanup activities; 
111.35     (3) other efforts associated with removal of waste from the 
111.36  waste stream before placing it in a landfill; or 
112.1      (4) road maintenance or reconstruction resulting from 
112.2   frequent heavy vehicle use. 
112.3   The remaining money from the fee must be used for landfill 
112.4   abatement purposes, or costs of closure, postclosure care, and 
112.5   response actions or for purposes of mitigating and compensating 
112.6   for the local risks, costs, and other adverse effects of 
112.7   facilities.  The interest generated from fees imposed under this 
112.8   subdivision may be credited to the county general fund for use 
112.9   by a county for other purposes. 
112.10     (b) Fees for construction debris facilities may not exceed 
112.11  50 cents per cubic yard.  Revenues from the fees must offset any 
112.12  financial assurances required by the county for a construction 
112.13  debris facility.  The maximum revenue that may be collected for 
112.14  a construction debris facility must be determined by multiplying 
112.15  the total permitted capacity of the facility by 15 cents per 
112.16  cubic yard.  Once the maximum revenue has been collected for a 
112.17  facility, the fee may no longer be imposed.  The limitation on 
112.18  the fees in this paragraph and in section 115A.921, subdivision 
112.19  2, are not intended to alter the liability of the facility 
112.20  operator or the authority of the agency to impose financial 
112.21  assurance requirements. 
112.22     Sec. 135.  [115A.9565] [RECOVERY AND RECYCLING OF WASTE 
112.23  ELECTRONIC PRODUCTS.] 
112.24     Subdivision 1.  [DEFINITION.] For the purpose of this 
112.25  section, "electronic products" means televisions, computer 
112.26  monitors, laptop computers, central processing units, printers, 
112.27  scanners, and any other computer peripherals containing heavy 
112.28  metals. 
112.29     Subd. 2.  [PROHIBITION.] Effective July 1, 2005, a person 
112.30  may not place in mixed municipal solid waste an electronic 
112.31  product containing a cathode ray tube. 
112.32     Subd. 3.  [MANUFACTURER RESPONSIBILITY.] Effective March 1, 
112.33  2005, all manufacturers of electronic products, including those 
112.34  that sell equipment by means of distance communication, or their 
112.35  representative organization, shall: 
112.36     (1) establish permanent programs in Minnesota to collect, 
113.1   transport, and reuse or recycle electronic products; the 
113.2   programs must provide convenient access for all citizens; 
113.3      (2) ensure that the costs to collect, transport, and reuse 
113.4   or recycle electronic products are not recovered through an 
113.5   end-of-life fee to the consumer; and 
113.6      (3) clearly inform each purchaser of an electronic product 
113.7   of the program and opportunities for proper disposal of waste 
113.8   electronic products. 
113.9      Subd. 4.  [COLLECTION AND MANAGEMENT NOTIFICATION.] By 
113.10  January 1, 2005, and annually thereafter, a manufacturer of 
113.11  electronic products or its representative organization must 
113.12  notify the office how and where the manufacturer or organization 
113.13  will provide permanent collection, transportation, and reuse or 
113.14  recycling programs in the state for the electronic products. 
113.15     Subd. 5.  [COLLECTION CONTRACTS.] A manufacturer or a 
113.16  representative organization of manufacturers may contract with 
113.17  the state or a political subdivision to provide collection, 
113.18  transportation, and reuse or recycling services under this 
113.19  section.  The manufacturer or organization shall fully reimburse 
113.20  the state or political subdivision for the value of any 
113.21  contractual services rendered under this subdivision. 
113.22     Subd. 6.  [INDUSTRY REPORTING.] By June 1 of each year 
113.23  after 2005, a manufacturer of electronic products or its 
113.24  representative organization shall provide information to the 
113.25  office that specifies: 
113.26     (1) the amount of electronic products subject to this 
113.27  section that are sold in the state and the amount collected 
113.28  during the previous year; and 
113.29     (2) the number and weight of the collected electronic 
113.30  products, their constituent materials that were reused or 
113.31  recycled in the previous year, and the end markets for each 
113.32  constituent material of the reused or recycled collected 
113.33  products. 
113.34     Subd. 7.  [OFFICE OF ENVIRONMENTAL ASSISTANCE REPORT.] By 
113.35  December 1 of each year after 2004, the office shall evaluate 
113.36  the manufacturers' reported information.  The office shall also 
114.1   publish its evaluation of electronics collection, 
114.2   transportation, and reuse or recycling programs in the state on 
114.3   the office's Web site and through any of its other regular 
114.4   methods of providing public information. 
114.5      Subd. 8.  [EXPIRATION.] The requirements under subdivisions 
114.6   2 to 7 expire 30 days after the office publishes a notice in the 
114.7   State Register that a national program for effectively 
114.8   collecting, transporting, and reusing or recycling waste 
114.9   electronic products is established and implemented throughout 
114.10  the state. 
114.11     Sec. 136.  Minnesota Statutes 2002, section 116.23, is 
114.12  amended to read: 
114.13     116.23 [PROHIBITION AND RESTRICTIONS.] 
114.14     Subdivision 1.  [NUTRIENT CONCENTRATION.] No person shall 
114.15  manufacture for use or sale in Minnesota or import into 
114.16  Minnesota for resale any cleaning agent or chemical water 
114.17  conditioner which contains a prescribed nutrient in a 
114.18  concentration that is greater than the prescribed maximum 
114.19  permissible concentration of that nutrient in that cleaning 
114.20  agent or chemical water conditioner.  
114.21     Subd. 2.  [DISHWASHER DETERGENT.] (a) No person may 
114.22  manufacture for use or sale in Minnesota, or import into the 
114.23  state for resale in Minnesota, a household dishwasher detergent 
114.24  that contains more than 0.5 percent phosphorus by weight. 
114.25     (b) No person may manufacture for use or sale in Minnesota, 
114.26  or import into the state for resale in Minnesota, any dishwasher 
114.27  detergent for commercial use that contains more than 8.7 percent 
114.28  phosphorus by weight. 
114.29     (c) Paragraphs (a) and (b) are effective August 1, 2005. 
114.30     Sec. 137.  Minnesota Statutes 2002, section 116P.09, 
114.31  subdivision 5, is amended to read: 
114.32     Subd. 5.  [ADMINISTRATIVE EXPENSE.] The administrative 
114.33  expenses of the commission shall be paid from the various funds 
114.34  administered by the commission as follows: 
114.35     (1) Through June 30, 1993, the administrative expenses of 
114.36  the commission and the advisory committee shall be paid from the 
115.1   Minnesota future resources fund.  After that time, the prorated 
115.2   expenses related to administration of the trust fund shall be 
115.3   paid from the earnings of the trust fund. 
115.4      (2) After June 30, 1993, the prorated expenses related to 
115.5   commission administration of the trust fund may not exceed an 
115.6   amount equal to four percent of the projected earnings amount 
115.7   available for appropriation of the trust fund for the biennium. 
115.8      Sec. 138.  Minnesota Statutes 2002, section 116P.13, 
115.9   subdivision 1, is amended to read: 
115.10     Subdivision 1.  [REVENUE SOURCES.] The money in the 
115.11  Minnesota future resources fund consists of revenue deposited in 
115.12  the state land and water conservation account under section 
115.13  116P.14, subdivision 2, and revenue credited under section 
115.14  297F.10, subdivision 1, paragraph (b), clause (1). 
115.15     Sec. 139.  Minnesota Statutes 2002, section 116P.14, 
115.16  subdivision 1, is amended to read: 
115.17     Subdivision 1.  [DESIGNATED AGENCY.] The department of 
115.18  natural resources is designated as the state agency to apply 
115.19  for, accept, receive, and disburse federal reimbursement funds 
115.20  and private funds, which are granted to the state of Minnesota 
115.21  from Section 6 of the federal Land and Water Conservation Fund 
115.22  Act. 
115.23     Sec. 140.  Minnesota Statutes 2002, section 216C.41, 
115.24  subdivision 1, is amended to read: 
115.25     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
115.26  subdivision apply to this section. 
115.27     (b) "Qualified hydroelectric facility" means a 
115.28  hydroelectric generating facility in this state that: 
115.29     (1) is located at the site of a dam, if the dam was in 
115.30  existence as of March 31, 1994; and 
115.31     (2) begins generating electricity after July 1, 1994, or 
115.32  generates electricity after substantial refurbishing of a 
115.33  facility that begins after July 1, 2001. 
115.34     (c) "Qualified wind energy conversion facility" means a 
115.35  wind energy conversion system that: 
115.36     (1) produces two megawatts or less of electricity as 
116.1   measured by nameplate rating and begins generating electricity 
116.2   after December 31, 1996, and before July 1, 1999; 
116.3      (2) begins generating electricity after June 30, 1999, 
116.4   produces two megawatts or less of electricity as measured by 
116.5   nameplate rating, and is: 
116.6      (i) located within one county and owned by a natural person 
116.7   who owns the land where the facility is sited; 
116.8      (ii) owned by a Minnesota small business as defined in 
116.9   section 645.445; 
116.10     (iii) owned by a nonprofit organization; or 
116.11     (iv) owned by a tribal council if the facility is located 
116.12  within the boundaries of the reservation; or 
116.13     (3) begins generating electricity after June 30, 1999, 
116.14  produces seven megawatts or less of electricity as measured by 
116.15  nameplate rating, and: 
116.16     (i) is owned by a cooperative organized under chapter 308A; 
116.17  and 
116.18     (ii) all shares and membership in the cooperative are held 
116.19  by natural persons or estates, at least 51 percent of whom 
116.20  reside in a county or contiguous to a county where the wind 
116.21  energy production facilities of the cooperative are located. 
116.22     (d) "Qualified on-farm biogas recovery facility" means an 
116.23  anaerobic digester system that: 
116.24     (1) is located at the site of an agricultural operation; 
116.25     (2) is owned by a natural person who owns or rents the land 
116.26  where the facility is located resident of Minnesota or an entity 
116.27  that is organized under the laws of this state and is not 
116.28  prohibited from owning agricultural land under section 500.24; 
116.29  and 
116.30     (3) begins generating electricity after July 1, 2001.  
116.31     (e) "Anaerobic digester system" means a system of 
116.32  components that processes animal waste based on the absence of 
116.33  oxygen and produces gas used to generate electricity. 
116.34     Sec. 141.  Minnesota Statutes 2002, section 273.13, 
116.35  subdivision 23, is amended to read: 
116.36     Subd. 23.  [CLASS 2.] (a) Class 2a property is agricultural 
117.1   land including any improvements that is homesteaded.  The market 
117.2   value of the house and garage and immediately surrounding one 
117.3   acre of land has the same class rates as class 1a property under 
117.4   subdivision 22.  The value of the remaining land including 
117.5   improvements up to and including $600,000 market value has a net 
117.6   class rate of 0.55 percent of market value.  The remaining 
117.7   property over $600,000 market value has a class rate of one 
117.8   percent of market value. 
117.9      (b) Class 2b property is (1) real estate, rural in 
117.10  character and used exclusively for growing trees for timber, 
117.11  lumber, and wood and wood products; (2) real estate that is not 
117.12  improved with a structure and is used exclusively for growing 
117.13  trees for timber, lumber, and wood and wood products, if the 
117.14  owner has participated or is participating in a cost-sharing 
117.15  program for afforestation, reforestation, or timber stand 
117.16  improvement on that particular property, administered or 
117.17  coordinated by the commissioner of natural resources; (3) real 
117.18  estate that is nonhomestead agricultural land; or (4) a landing 
117.19  area or public access area of a privately owned public use 
117.20  airport.  Class 2b property has a net class rate of one percent 
117.21  of market value. 
117.22     (c) Agricultural land as used in this section means 
117.23  contiguous acreage of ten acres or more, used during the 
117.24  preceding year for agricultural purposes.  "Agricultural 
117.25  purposes" as used in this section means the raising or 
117.26  cultivation of agricultural products or enrollment in the 
117.27  Reinvest in Minnesota program under sections 103F.501 to 
117.28  103F.535 or the federal Conservation Reserve Program as 
117.29  contained in Public Law Number 99-198.  Contiguous acreage on 
117.30  the same parcel, or contiguous acreage on an immediately 
117.31  adjacent parcel under the same ownership, may also qualify as 
117.32  agricultural land, but only if it is pasture, timber, waste, 
117.33  unusable wild land, or land included in state or federal farm 
117.34  programs.  Agricultural classification for property shall be 
117.35  determined excluding the house, garage, and immediately 
117.36  surrounding one acre of land, and shall not be based upon the 
118.1   market value of any residential structures on the parcel or 
118.2   contiguous parcels under the same ownership. 
118.3      (d) Real estate, excluding the house, garage, and 
118.4   immediately surrounding one acre of land, of less than ten acres 
118.5   which is exclusively and intensively used for raising or 
118.6   cultivating agricultural products, shall be considered as 
118.7   agricultural land.  
118.8      Land shall be classified as agricultural even if all or a 
118.9   portion of the agricultural use of that property is the leasing 
118.10  to, or use by another person for agricultural purposes. 
118.11     Classification under this subdivision is not determinative 
118.12  for qualifying under section 273.111. 
118.13     The property classification under this section supersedes, 
118.14  for property tax purposes only, any locally administered 
118.15  agricultural policies or land use restrictions that define 
118.16  minimum or maximum farm acreage. 
118.17     (e) The term "agricultural products" as used in this 
118.18  subdivision includes production for sale of:  
118.19     (1) livestock, dairy animals, dairy products, poultry and 
118.20  poultry products, fur-bearing animals, horticultural and nursery 
118.21  stock described in sections 18.44 to 18.61, fruit of all kinds, 
118.22  vegetables, forage, grains, bees, and apiary products by the 
118.23  owner; 
118.24     (2) fish bred for sale and consumption if the fish breeding 
118.25  occurs on land zoned for agricultural use; 
118.26     (3) the commercial boarding of horses if the boarding is 
118.27  done in conjunction with raising or cultivating agricultural 
118.28  products as defined in clause (1); 
118.29     (4) property which is owned and operated by nonprofit 
118.30  organizations used for equestrian activities, excluding racing; 
118.31     (5) game birds and waterfowl bred and raised for use on a 
118.32  shooting preserve licensed under section 97A.115; 
118.33     (6) insects primarily bred to be used as food for animals; 
118.34     (7) trees, grown for sale as a crop, and not sold for 
118.35  timber, lumber, wood, or wood products; and 
118.36     (8) maple syrup taken from trees grown by a person licensed 
119.1   by the Minnesota department of agriculture under chapter 28A as 
119.2   a food processor. 
119.3      (f) If a parcel used for agricultural purposes is also used 
119.4   for commercial or industrial purposes, including but not limited 
119.5   to:  
119.6      (1) wholesale and retail sales; 
119.7      (2) processing of raw agricultural products or other goods; 
119.8      (3) warehousing or storage of processed goods; and 
119.9      (4) office facilities for the support of the activities 
119.10  enumerated in clauses (1), (2), and (3), 
119.11  the assessor shall classify the part of the parcel used for 
119.12  agricultural purposes as class 1b, 2a, or 2b, whichever is 
119.13  appropriate, and the remainder in the class appropriate to its 
119.14  use.  The grading, sorting, and packaging of raw agricultural 
119.15  products for first sale is considered an agricultural purpose.  
119.16  A greenhouse or other building where horticultural or nursery 
119.17  products are grown that is also used for the conduct of retail 
119.18  sales must be classified as agricultural if it is primarily used 
119.19  for the growing of horticultural or nursery products from seed, 
119.20  cuttings, or roots and occasionally as a showroom for the retail 
119.21  sale of those products.  Use of a greenhouse or building only 
119.22  for the display of already grown horticultural or nursery 
119.23  products does not qualify as an agricultural purpose.  
119.24     The assessor shall determine and list separately on the 
119.25  records the market value of the homestead dwelling and the one 
119.26  acre of land on which that dwelling is located.  If any farm 
119.27  buildings or structures are located on this homesteaded acre of 
119.28  land, their market value shall not be included in this separate 
119.29  determination.  
119.30     (g) To qualify for classification under paragraph (b), 
119.31  clause (4), a privately owned public use airport must be 
119.32  licensed as a public airport under section 360.018.  For 
119.33  purposes of paragraph (b), clause (4), "landing area" means that 
119.34  part of a privately owned public use airport properly cleared, 
119.35  regularly maintained, and made available to the public for use 
119.36  by aircraft and includes runways, taxiways, aprons, and sites 
120.1   upon which are situated landing or navigational aids.  A landing 
120.2   area also includes land underlying both the primary surface and 
120.3   the approach surfaces that comply with all of the following:  
120.4      (i) the land is properly cleared and regularly maintained 
120.5   for the primary purposes of the landing, taking off, and taxiing 
120.6   of aircraft; but that portion of the land that contains 
120.7   facilities for servicing, repair, or maintenance of aircraft is 
120.8   not included as a landing area; 
120.9      (ii) the land is part of the airport property; and 
120.10     (iii) the land is not used for commercial or residential 
120.11  purposes. 
120.12  The land contained in a landing area under paragraph (b), clause 
120.13  (4), must be described and certified by the commissioner of 
120.14  transportation.  The certification is effective until it is 
120.15  modified, or until the airport or landing area no longer meets 
120.16  the requirements of paragraph (b), clause (4).  For purposes of 
120.17  paragraph (b), clause (4), "public access area" means property 
120.18  used as an aircraft parking ramp, apron, or storage hangar, or 
120.19  an arrival and departure building in connection with the airport.
120.20     Sec. 142.  Minnesota Statutes 2002, section 297A.94, is 
120.21  amended to read: 
120.22     297A.94 [DEPOSIT OF REVENUES.] 
120.23     (a) Except as provided in this section, the commissioner 
120.24  shall deposit the revenues, including interest and penalties, 
120.25  derived from the taxes imposed by this chapter in the state 
120.26  treasury and credit them to the general fund.  
120.27     (b) The commissioner shall deposit taxes in the Minnesota 
120.28  agricultural and economic account in the special revenue fund if:
120.29     (1) the taxes are derived from sales and use of property 
120.30  and services purchased for the construction and operation of an 
120.31  agricultural resource project; and 
120.32     (2) the purchase was made on or after the date on which a 
120.33  conditional commitment was made for a loan guaranty for the 
120.34  project under section 41A.04, subdivision 3. 
120.35  The commissioner of finance shall certify to the commissioner 
120.36  the date on which the project received the conditional 
121.1   commitment.  The amount deposited in the loan guaranty account 
121.2   must be reduced by any refunds and by the costs incurred by the 
121.3   department of revenue to administer and enforce the assessment 
121.4   and collection of the taxes.  
121.5      (c) The commissioner shall deposit the revenues, including 
121.6   interest and penalties, derived from the taxes imposed on sales 
121.7   and purchases included in section 297A.61, subdivision 3, 
121.8   paragraph (g), clauses (1) and (4), in the state treasury, and 
121.9   credit them as follows: 
121.10     (1) first to the general obligation special tax bond debt 
121.11  service account in each fiscal year the amount required by 
121.12  section 16A.661, subdivision 3, paragraph (b); and 
121.13     (2) after the requirements of clause (1) have been met, the 
121.14  balance to the general fund. 
121.15     (d) The commissioner shall deposit the revenues, including 
121.16  interest and penalties, collected under section 297A.64, 
121.17  subdivision 5, in the state treasury and credit them to the 
121.18  general fund.  By July 15 of each year the commissioner shall 
121.19  transfer to the highway user tax distribution fund an amount 
121.20  equal to the excess fees collected under section 297A.64, 
121.21  subdivision 5, for the previous calendar year. 
121.22     (e) For fiscal year 2001, 97 percent; for fiscal years 2002 
121.23  and 2003, 87 percent; and for fiscal year 2004 and thereafter, 
121.24  87.1 72.43 percent of the revenues, including interest and 
121.25  penalties, transmitted to the commissioner under section 
121.26  297A.65, must be deposited by the commissioner in the state 
121.27  treasury as follows: 
121.28     (1) 50 percent of the receipts must be deposited in the 
121.29  heritage enhancement account in the game and fish fund, and may 
121.30  be spent only on activities that improve, enhance, or protect 
121.31  fish and wildlife resources, including conservation, 
121.32  restoration, and enhancement of land, water, and other natural 
121.33  resources of the state; 
121.34     (2) 22.5 percent of the receipts must be deposited in the 
121.35  natural resources fund, and may be spent only for state parks 
121.36  and trails; 
122.1      (3) 22.5 percent of the receipts must be deposited in the 
122.2   natural resources fund, and may be spent only on metropolitan 
122.3   park and trail grants; 
122.4      (4) three percent of the receipts must be deposited in the 
122.5   natural resources fund, and may be spent only on local trail 
122.6   grants; and 
122.7      (5) two percent of the receipts must be deposited in the 
122.8   natural resources fund, and may be spent only for the Minnesota 
122.9   zoological garden, the Como park zoo and conservatory, and the 
122.10  Duluth zoo. 
122.11     (f) The revenue dedicated under paragraph (e) may not be 
122.12  used as a substitute for traditional sources of funding for the 
122.13  purposes specified, but the dedicated revenue shall supplement 
122.14  traditional sources of funding for those purposes.  Land 
122.15  acquired with money deposited in the game and fish fund under 
122.16  paragraph (e) must be open to public hunting and fishing during 
122.17  the open season, except that in aquatic management areas or on 
122.18  lands where angling easements have been acquired, fishing may be 
122.19  prohibited during certain times of the year and hunting may be 
122.20  prohibited.  At least 87 percent of the money deposited in the 
122.21  game and fish fund for improvement, enhancement, or protection 
122.22  of fish and wildlife resources under paragraph (e) must be 
122.23  allocated for field operations. 
122.24     Sec. 143.  Minnesota Statutes 2002, section 297F.10, 
122.25  subdivision 1, is amended to read: 
122.26     Subdivision 1.  [TAX AND USE TAX ON CIGARETTES.] Revenue 
122.27  received from cigarette taxes, as well as related penalties, 
122.28  interest, license fees, and miscellaneous sources of revenue 
122.29  shall be deposited by the commissioner in the state treasury and 
122.30  credited as follows: 
122.31     (a) first to the general obligation special tax bond debt 
122.32  service account in each fiscal year the amount required to 
122.33  increase the balance on hand in the account on each December 1 
122.34  to an amount equal to the full amount of principal and interest 
122.35  to come due on all outstanding bonds whose debt service is 
122.36  payable primarily from the proceeds of the tax to and including 
123.1   the second following July 1; and 
123.2      (b) after the requirements of paragraph (a) have been met: 
123.3      (1) the revenue produced by one mill of the tax on 
123.4   cigarettes weighing not more than three pounds a thousand and 
123.5   two mills of the tax on cigarettes weighing more than three 
123.6   pounds a thousand must be credited to the general fund from July 
123.7   1, 2003, through June 30, 2007, and credited to the Minnesota 
123.8   future resources fund after June 30, 2007; and 
123.9      (2) the balance of the revenues derived from taxes, 
123.10  penalties, and interest (under this chapter) and from license 
123.11  fees and miscellaneous sources of revenue shall be credited to 
123.12  the general fund. 
123.13     Sec. 144.  Minnesota Statutes 2002, section 327.23, 
123.14  subdivision 1, is amended to read: 
123.15     Subdivision 1.  [STATE PARKS AND RECREATION AREAS.] (a) 
123.16  Nothing in sections 327.10, 327.11, 327.14 to 327.28 should be 
123.17  construed to include any of the state parks or state recreation 
123.18  areas in Minnesota.  
123.19     (b) The commissioner of health, under chapters 115I, 144, 
123.20  157, and 326, is the permit authority for water supply systems, 
123.21  building sewers, and individual sewage treatment systems within 
123.22  state parks and state recreation areas.  The pollution control 
123.23  agency, under chapter 115, is the permit authority for 
123.24  wastewater collection systems and surface-discharging wastewater 
123.25  disposal systems within state parks and state recreation areas. 
123.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
123.27  following final enactment. 
123.28     Sec. 145.  Minnesota Statutes 2002, section 500.221, 
123.29  subdivision 2, is amended to read: 
123.30     Subd. 2.  [ALIENS AND NON-AMERICAN CORPORATIONS.] Except as 
123.31  hereinafter provided, no natural person shall acquire directly 
123.32  or indirectly any interest in agricultural land unless the 
123.33  person is a citizen of the United States or a permanent resident 
123.34  alien of the United States.  In addition to the restrictions in 
123.35  section 500.24, no corporation, partnership, limited 
123.36  partnership, trustee, or other business entity shall directly or 
124.1   indirectly, acquire or otherwise obtain any interest, whether 
124.2   legal, beneficial or otherwise, in any title to agricultural 
124.3   land unless at least 80 percent of each class of stock issued 
124.4   and outstanding or 80 percent of the ultimate beneficial 
124.5   interest of the entity is held directly or indirectly by 
124.6   citizens of the United States or permanent resident aliens.  
124.7   This section shall not apply:  
124.8      (1) to agricultural land that may be acquired by devise, 
124.9   inheritance, as security for indebtedness, by process of law in 
124.10  the collection of debts, or by any procedure for the enforcement 
124.11  of a lien or claim thereon, whether created by mortgage or 
124.12  otherwise.  All agricultural land acquired in the collection of 
124.13  debts or by the enforcement of a lien or claim shall be disposed 
124.14  of within three years after acquiring ownership; 
124.15     (2) to citizens or subjects of a foreign country whose 
124.16  rights to hold land are secured by treaty; 
124.17     (3) to lands used for transportation purposes by a common 
124.18  carrier, as defined in section 218.011, subdivision 10; 
124.19     (4) to lands or interests in lands acquired for use in 
124.20  connection with (i) the production of timber and forestry 
124.21  products by a corporation organized under the laws of Minnesota, 
124.22  or (ii) mining and mineral processing operations.  Pending the 
124.23  development of agricultural land for the production of timber 
124.24  and forestry products or mining purposes the land may not be 
124.25  used for farming except under lease to a family farm, a family 
124.26  farm corporation or an authorized farm corporation; 
124.27     (5) to agricultural land operated for research or 
124.28  experimental purposes if the ownership of the agricultural land 
124.29  is incidental to the research or experimental objectives of the 
124.30  person or business entity and the total acreage owned by the 
124.31  person or business entity does not exceed the acreage owned on 
124.32  May 27, 1977; 
124.33     (6) to the purchase of any tract of 40 acres or less for 
124.34  facilities incidental to pipeline operation by a company 
124.35  operating a pipeline as defined in section 116I.01, subdivision 
124.36  3; or 
125.1      (7) to agricultural land and land capable of being used as 
125.2   farmland in vegetable processing operations that is reasonably 
125.3   necessary to meet the requirements of pollution control law or 
125.4   rules; or 
125.5      (8) to an interest in agricultural land held on the 
125.6   effective date of this section by a natural person with a 
125.7   nonimmigrant treaty investment visa, pursuant to United States 
125.8   Code, title 8, section 1101(a)15(E)(ii), if, within five years 
125.9   after the effective date of this section, the person: 
125.10     (i) disposes of all agricultural land held; or 
125.11     (ii) becomes a permanent resident alien of the United 
125.12  States or a United States citizen. 
125.13     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
125.14  following final enactment. 
125.15     Sec. 146.  [MODIFICATIONS TO STORM WATER PERMIT FEES.] 
125.16     (a) The pollution control agency shall collect water 
125.17  quality permit applications and annual fees as provided in the 
125.18  rules of the agency and in Laws 2002, chapter 220, article 8, 
125.19  section 15, as amended by Laws 2002, chapter 374, article 6, 
125.20  section 8, with the following modifications: 
125.21     (1) the application fee for general industrial storm water 
125.22  permits is reduced to zero, and the annual fee is increased to 
125.23  $400; 
125.24     (2) the application fee for general construction storm 
125.25  water permits is increased to $400; and 
125.26     (3) application and annual fees for other general permits 
125.27  do not apply to general municipal separate storm sewer system 
125.28  permits. 
125.29     (b) Nothing in this section limits the authority of a 
125.30  county, city, town, watershed district, or other special purpose 
125.31  district or political subdivision, to impose fees or to levy 
125.32  taxes or assessments to pay the cost of regulating or 
125.33  controlling storm water discharges to waters of the state. 
125.34     (c) The permit fee modifications provided in this section 
125.35  are effective July 1, 2003.  The pollution control agency shall 
125.36  adopt amended water quality permit fee rules under Minnesota 
126.1   Statutes, section 14.389, that incorporate the fee modifications 
126.2   provided in this section.  The agency shall begin collecting 
126.3   fees in accordance with the modifications in this section on 
126.4   July 1, 2003, regardless of the status of those rules.  
126.5   Notwithstanding Minnesota Statutes, section 14.18, subdivision 
126.6   2, the permit fee modifications in this section and the rule 
126.7   amendments incorporating them do not require further legislative 
126.8   approval. 
126.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
126.10  following final enactment. 
126.11     Sec. 147.  [UTILITY LICENSES.] 
126.12     (a) The fees in Minnesota Rules, parts 6135.0400 to 
126.13  6135.0810, adopted under Minnesota Statutes, section 84.415, are 
126.14  to be amended as follows: 
126.15     (1) effective July 1, 2003, the application fee for a 
126.16  license to construct a utility crossing over or under public 
126.17  lands or over or under public waters is $500; and 
126.18     (2) effective July 1, 2004, the fee schedules of Minnesota 
126.19  Rules, parts 6135.0510 to 6135.0810, are increased to an amount 
126.20  equal to the current schedules plus an increase due to inflation 
126.21  from 1990 through 2002.  The basis of increase shall be the 
126.22  unadjusted producer price index for all commodities, and the 
126.23  index value used shall be the annual average as revised four 
126.24  months after publication. 
126.25     (b) The commissioner of natural resources shall amend 
126.26  Minnesota Rules, parts 6135.0400 to 6135.0810, according to this 
126.27  section and under Minnesota Statutes, section 14.388, clause 
126.28  (3).  Except as provided in Minnesota Statutes, section 14.388, 
126.29  Minnesota Statutes, section 14.386, does not apply. 
126.30     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
126.31  following final enactment. 
126.32     Sec. 148. [PILOT PROGRAM.] 
126.33     The pollution control agency shall, in conjunction with the 
126.34  association of Minnesota counties, designate at least five 
126.35  cooperating counties with waterbodies listed as impaired by 
126.36  fecal coliform bacteria, and within designated counties shall: 
127.1      (1) by July 1, 2007, complete an inventory of properties 
127.2   with individual sewage treatment systems (ISTS) that are an 
127.3   imminent threat to public health or safety due to surface water 
127.4   discharges of untreated sewage, the inventory of properties may 
127.5   be phased over the period of the pilot project; and 
127.6      (2) require compliance under the applicable requirements of 
127.7   this section by May 1, 2008.  
127.8      The pollution control agency may utilize cooperative 
127.9   agreements with the five pilot counties to meet the requirements 
127.10  of clauses (1) and (2). 
127.11     Sec. 149.  [ADVISORY GROUP.] 
127.12     (a) The commissioner of the pollution control agency must 
127.13  convene an advisory group by June 1, 2003, comprised of: 
127.14     (1) two county representatives; 
127.15     (2) a county recorder; 
127.16     (3) a township officer; 
127.17     (4) a municipal representative; 
127.18     (5) one licensed pumper; 
127.19     (6) one licensed inspector; 
127.20     (7) one representative of realtors; 
127.21     (8) one representative of the University of Minnesota 
127.22  individual sewage treatment systems staff; 
127.23     (9) two representatives of environmental organizations; 
127.24     (10) two citizens with an interest in septic systems; and 
127.25     (11) one representative each from the state pollution 
127.26  control agency, department of health, department of agriculture, 
127.27  public facilities authority, and the metropolitan council. 
127.28     (b) The commissioner, with input from the advisory group, 
127.29  must develop a ten-year plan and report back to the legislature 
127.30  by January 31, 2004, to: 
127.31     (1) locate systems not identified that are imminent threats 
127.32  to public health and safety, and those with less than two feet 
127.33  of soil separation; 
127.34     (2) upgrade the systems identified in clause (1); 
127.35     (3) institute a system to oversee compliance with 
127.36  individual sewage treatment maintenance requirements of 
128.1   Minnesota Rules, part 7080.0175, by July 1, 2005; and 
128.2      (4) institute a system in a real estate transaction to 
128.3   disclose the location, adequacy, and upgrade of systems. 
128.4      The ten-year plan must include funding options for clauses 
128.5   (1) and (2), and shall recommend enhanced funding mechanisms for 
128.6   low-interest loans to homeowners for system upgrades. 
128.7      Sec. 150.  [INDUSTRY OVERSIGHT COMMITTEE; REPORT.] 
128.8      The commissioner of the pollution control agency shall, in 
128.9   consultation with the individual sewage treatment system 
128.10  industry, propose a structure for an industry oversight 
128.11  committee that will work with the commissioner on industry 
128.12  oversight.  The commissioner shall report to the committees of 
128.13  the legislature with jurisdiction over environmental issues on 
128.14  the proposal and industry oversight by January 15, 2004. 
128.15     Sec. 151.  [COUNTY PROCESSING GRANT OBLIGATIONS.] 
128.16     The outstanding obligations arising from the following 
128.17  specified processing facility grants provided by the office of 
128.18  environmental assistance to the listed counties are terminated, 
128.19  notwithstanding the provisions of Minnesota Statutes, section 
128.20  16A.695: 
128.21     (1) Fillmore county, for demonstration program grants 
128.22  awarded March 1987 and June 1991; 
128.23     (2) St. Louis county, for a capital assistance program 
128.24  grant awarded September 1989; 
128.25     (3) Wright county, for a capital assistance program grant 
128.26  awarded April 1990; 
128.27     (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 
128.28  counties, together as the east central solid waste commission, 
128.29  for a capital assistance program grant awarded September 1990, 
128.30  and a facility optimization grant awarded February 1994; and 
128.31     (5) Pennington county, for a capital assistance program 
128.32  grant awarded in February 1992. 
128.33     Sec. 152.  [TRANSFER OF ASSETS; MINNESOTA CONSERVATION 
128.34  CORPS.] 
128.35     The state's ownership interest in all tools, computers, and 
128.36  other supplies and equipment acquired by the commissioner of 
129.1   natural resources for the purpose of the conservation corps 
129.2   created under Minnesota Statutes, section 84.98, is transferred 
129.3   to the friends of the Minnesota conservation corps. 
129.4      Sec. 153.  [TRANSFER OF FUNDS; MINNESOTA CONSERVATION 
129.5   CORPS.] 
129.6      The remaining balances in the Minnesota conservation corps: 
129.7   cooperative agreement, youthworks, Americorps administration, 
129.8   education vouchers, and gift accounts on June 30, 2003, are 
129.9   canceled and reappropriated to the friends of the Minnesota 
129.10  conservation corps. 
129.11     Sec. 154.  [WATER QUALITY ASSESSMENT PROCESS.] 
129.12     Subdivision 1.  [RULEMAKING.] (a) By January 1, 2006, the 
129.13  pollution control agency shall adopt rules under Minnesota 
129.14  Statutes, chapter 14, relating to water quality assessment for 
129.15  the waters of the state.  The adopted rules must, at a minimum, 
129.16  satisfy paragraphs (b) to (h). 
129.17     (b) The rules must apply to the determination of impaired 
129.18  waters as required by Section 303(d) of the Clean Water Act of 
129.19  1977, United States Code, title 33, chapter 26, section 1313(d). 
129.20     (c) The rules must define the terms "altered materially," 
129.21  "material increase," "material manner," "seriously impaired," 
129.22  and "significant increase," contained in Minnesota Rules, part 
129.23  7050.0150, subpart 3. 
129.24     (d) The rules must define the terms "normal fishery" and 
129.25  "normally present," contained in Minnesota Rules, part 
129.26  7050.0150, subpart 3. 
129.27     (e) The rules must specify that for purposes of the 
129.28  determination of impaired waters, the agency will make an 
129.29  impairment determination based only on pollution of waters of 
129.30  the state that has resulted in degradation of the physical, 
129.31  chemical, or biological qualities of the water body to the 
129.32  extent that attainable or previously existing beneficial uses 
129.33  are actually or potentially lost. 
129.34     (f) The rules must provide that when a person presents 
129.35  information adequately demonstrating that a beneficial use for 
129.36  the water body does not exist and is not attainable due to the 
130.1   natural condition of the water body, the agency shall initiate 
130.2   an administrative process for reclassification of the water to 
130.3   remove the beneficial use. 
130.4      (g) The rules must provide that the agency, in considering 
130.5   impairment due to nutrients and application of nutrient 
130.6   objectives and effluent limitations related to riverine systems 
130.7   or riverine impoundments, must consider temperature and 
130.8   detention time effects on algal populations and impose reduction 
130.9   requirements only when the discharge of nutrients is expected to 
130.10  cause or contribute to algal growth that impairs existing or 
130.11  attainable uses. 
130.12     (h) The agency shall apply Minnesota Rules, part 7050.0150, 
130.13  consistent with paragraphs (e) and (g). 
130.14     Subd. 2.  [REPORT TO LEGISLATURE.] By February 1, 2004, and 
130.15  by February 1, 2005, the commissioner shall report to the 
130.16  environment and natural resources finance committees of the 
130.17  house and senate on the status of discussions with stakeholders 
130.18  and the development of the rules required under subdivision 1. 
130.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
130.20  following final enactment. 
130.21     Sec. 155.  [CONSOLIDATION AND STREAMLINING REPORT.] 
130.22     (a) By September 1, 2003, the pollution control agency, 
130.23  department of natural resources, office of environmental 
130.24  assistance, and board of water and soil resources shall report 
130.25  to the chairs of the senate environment and natural resources 
130.26  committee, the senate environment, agriculture, and economic 
130.27  budget division, house environment and natural resources policy 
130.28  committee, and house environment and natural resources finance 
130.29  committee on all of the reporting requirements that apply to 
130.30  counties. 
130.31     (b) By January 15, 2004, the pollution control agency, 
130.32  department of natural resources, office of environmental 
130.33  assistance, and board of water and soil resources shall present 
130.34  a joint report to the chairs of the senate environment and 
130.35  natural resources committee, the senate environment, 
130.36  agriculture, and economic budget division, house environment and 
131.1   natural resources policy committee, and house environment and 
131.2   natural resources finance committee providing recommendations on 
131.3   streamlining and coordinating county reporting requirements. 
131.4      (c) In developing the list of reporting requirements and 
131.5   recommendations on streamlining and coordinating county 
131.6   reporting requirements, the agencies must: 
131.7      (1) consult with the association of Minnesota counties and 
131.8   other county representatives; 
131.9      (2) identify the minimum information needed to measure 
131.10  county compliance with state law and rules; 
131.11     (3) identify how agencies can prepare one or more annual 
131.12  reports summarizing information reported by counties; 
131.13     (4) consider how the Internet can be used to collect and 
131.14  organize county reported information; and 
131.15     (5) identify the costs and savings of implementing the 
131.16  recommendations contained in this report. 
131.17     Sec. 156.  [ENFORCEMENT AUTHORITY REPORT.] 
131.18     The commissioner of natural resources must report to the 
131.19  chairs of the house of representatives and senate environment 
131.20  and judiciary policy committees by February 1, 2004, on 
131.21  clarification of conservation officer authority and any law 
131.22  enforcement authority for other employees of the department. 
131.23     Sec. 157.  [PHOSPHORUS STUDY.] 
131.24     The commissioner of the pollution control agency must study 
131.25  the concept of lowering phosphorus in the wastewater stream and 
131.26  the effect on water quality and how to best assist local units 
131.27  of government in removing phosphorus at public wastewater 
131.28  treatment plants.  The commissioner must review the rules on 
131.29  nutrients in cleaning agents pursuant to Minnesota Statutes, 
131.30  sections 116.23 and 116.24, and report the results of the study 
131.31  and rule review to the house of representatives and senate 
131.32  environment and natural resources policy and finance committees 
131.33  and commerce committees by February 1, 2004. 
131.34     Sec. 158.  [REPEALER.] 
131.35     (a) Minnesota Statutes 2002, sections 1.31; 1.32; 18B.05, 
131.36  subdivision 2; 37.26; 41A.09, subdivisions 1, 6, 7, and 8; 
132.1   84.0887; 84.98; 84.99; 89.391; 103B.311, subdivisions 5, 6, and 
132.2   7; 103B.315, subdivisions 1, 2, 3, and 7; 103B.321, subdivision 
132.3   3; and 103B.3369, subdivision 3, are repealed. 
132.4      (b) Minnesota Statutes 2002, section 97A.105, subdivisions 
132.5   3a and 3b, are repealed on January 1, 2004. 
132.6      (c) Minnesota Rules, parts 9300.0010; 9300.0020; 9300.0030; 
132.7   9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 
132.8   9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 
132.9   9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 
132.10  9300.0190; 9300.0200; and 9300.0210, are repealed. 
132.11                             ARTICLE 2 
132.12                     ENVIRONMENTAL FUND CHANGES 
132.13     Section 1.  Minnesota Statutes 2002, section 16A.531, 
132.14  subdivision 1, is amended to read: 
132.15     Subdivision 1.  [ENVIRONMENTAL FUND.] There is created in 
132.16  the state treasury an environmental fund as a special revenue 
132.17  fund for deposit of receipts from environmentally related taxes, 
132.18  fees, and activities conducted by the state other sources as 
132.19  provided in subdivision 1a.  
132.20     Sec. 2.  Minnesota Statutes 2002, section 16A.531, is 
132.21  amended by adding a subdivision to read: 
132.22     Subd. 1a.  [REVENUES.] The following revenues must be 
132.23  deposited in the environmental fund: 
132.24     (1) all fees collected under section 116.07, subdivision 
132.25  4d; 
132.26     (2) all money collected by the pollution control agency in 
132.27  enforcement matters as provided in section 115.073; 
132.28     (3) all revenues from license fees for individual sewage 
132.29  treatment systems under section 115.56; 
132.30     (4) all loan repayments deposited under section 115A.0716; 
132.31     (5) all revenue from pollution prevention fees imposed 
132.32  under section 115D.12; 
132.33     (6) all loan repayments deposited under section 116.994; 
132.34     (7) all fees collected under section 116C.834; 
132.35     (8) revenue collected from the environmental tax pursuant 
132.36  to chapter 297H; 
133.1      (9) fees collected under section 473.844; and 
133.2      (10) interest accrued on the fund. 
133.3      Sec. 3.  Minnesota Statutes 2002, section 115.073, is 
133.4   amended to read: 
133.5      115.073 [ENFORCEMENT FUNDING.] 
133.6      Except as provided in sections 115B.20, subdivision 4, 
133.7   clause (2); section 115C.05; and 473.845, subdivision 8, all 
133.8   money recovered by the state under this chapter and chapters 
133.9   115A and 116, including civil penalties and money paid under an 
133.10  agreement, stipulation, or settlement, excluding money paid for 
133.11  past due fees or taxes, up to the amount appropriated for 
133.12  implementation of Laws 1991, chapter 347, must be deposited in 
133.13  the state treasury and credited to the environmental fund. 
133.14     Sec. 4.  Minnesota Statutes 2002, section 115.56, 
133.15  subdivision 4, is amended to read: 
133.16     Subd. 4.  [LICENSE FEE.] The fee for a license required 
133.17  under subdivision 2 is $100 per year.  Revenue from the fees 
133.18  must be credited to the environmental fund and is exempt from 
133.19  section 16A.1285. 
133.20     Sec. 5.  Minnesota Statutes 2002, section 115A.0716, 
133.21  subdivision 3, is amended to read: 
133.22     Subd. 3.  [REVOLVING ACCOUNT.] An environmental assistance 
133.23  revolving account is established in the environmental fund.  All 
133.24  repayments of loans awarded under this subdivision, including 
133.25  principal and interest, must be deposited into credited to the 
133.26  account environmental fund.  Money deposited in the account 
133.27  fund under this section is annually appropriated to the director 
133.28  for loans for purposes identified in subdivisions 1 and 2. 
133.29     Sec. 6.  Minnesota Statutes 2002, section 115A.9651, 
133.30  subdivision 6, is amended to read: 
133.31     Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
133.32  under subdivision 7, the manufacturer, or an association of 
133.33  manufacturers, of any specified product distributed for sale or 
133.34  use in this state that is not listed pursuant to subdivision 4 
133.35  shall submit a product review report and fee as provided in 
133.36  paragraph (c) to the commissioner for each product by July 1, 
134.1   1998.  Each product review report shall contain at least the 
134.2   following: 
134.3      (1) a policy statement articulating upper management 
134.4   support for eliminating or reducing intentional introduction of 
134.5   listed metals into its products; 
134.6      (2) a description of the product and the amount of each 
134.7   listed metal distributed for use in this state; 
134.8      (3) a description of past and ongoing efforts to eliminate 
134.9   or reduce the listed metal in the product; 
134.10     (4) an assessment of options available to reduce or 
134.11  eliminate the intentional introduction of the listed metal 
134.12  including any alternatives to the specified product that do not 
134.13  contain the listed metal, perform the same technical function, 
134.14  are commercially available, and are economically practicable; 
134.15     (5) a statement of objectives in numerical terms and a 
134.16  schedule for achieving the elimination of the listed metals and 
134.17  an environmental assessment of alternative products; 
134.18     (6) a listing of options considered not to be technically 
134.19  or economically practicable; and 
134.20     (7) certification attesting to the accuracy of the 
134.21  information in the report signed and dated by an official of the 
134.22  manufacturer or user. 
134.23  If the manufacturer fails to submit a product review report, a 
134.24  user of a specified product may submit a report and fee which 
134.25  comply with this subdivision by August 15, 1998. 
134.26     (b) By July 1, 1999, and annually thereafter until the 
134.27  commissioner takes action under subdivision 9, the manufacturer 
134.28  or user must submit a progress report and fee as provided in 
134.29  paragraph (c) updating the information presented under paragraph 
134.30  (a). 
134.31     (c) The fee shall be $295 for each report.  The fee shall 
134.32  be deposited in the state treasury and credited to the 
134.33  environmental fund.  The fee is exempt from section 16A.1285.  
134.34     (d) Where it cannot be determined from a progress report 
134.35  submitted by a person pursuant to Laws 1994, chapter 585, 
134.36  section 30, subdivision 2, paragraph (e), the number of products 
135.1   for which product review reports are due under this subdivision, 
135.2   the commissioner shall have the authority to determine, after 
135.3   consultation with that person, the number of products for which 
135.4   product review reports are required. 
135.5      (e) The commissioner shall summarize, aggregate, and 
135.6   publish data reported under paragraphs (a) and (b) annually. 
135.7      (f) A product that is the subject of a recommendation by 
135.8   the Toxics in Packaging Clearinghouse, as administered by the 
135.9   Council of State Governments, is exempt from this section. 
135.10     Sec. 7.  Minnesota Statutes 2002, section 115B.17, 
135.11  subdivision 6, is amended to read: 
135.12     Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
135.13  necessary expenses incurred by the agency or commissioner 
135.14  pursuant to this section, including all response costs, and 
135.15  administrative and legal expenses, may be recovered in a civil 
135.16  action brought by the attorney general against any person who 
135.17  may be liable under section 115B.04 or any other law.  The 
135.18  agency's certification of expenses shall be prima facie evidence 
135.19  that the expenses are reasonable and necessary.  Any expenses 
135.20  incurred pursuant to this section which are recovered by the 
135.21  attorney general pursuant to section 115B.04 or any other law, 
135.22  including any award of attorneys fees, shall be deposited in the 
135.23  remediation fund and credited to a special account for 
135.24  additional response actions as provided in section 115B.20, 
135.25  subdivision 2, clause (2) or (4). 
135.26     Sec. 8.  Minnesota Statutes 2002, section 115B.17, 
135.27  subdivision 7, is amended to read: 
135.28     Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
135.29  purpose of this subdivision, the state is the trustee of the 
135.30  air, water and wildlife of the state.  An action pursuant to 
135.31  section 115B.04 for damages with respect to air, water or 
135.32  wildlife may be brought by the attorney general in the name of 
135.33  the state as trustee for those natural resources.  Any damages 
135.34  recovered by the attorney general pursuant to section 115B.04 or 
135.35  any other law for injury to, destruction of, or loss of natural 
135.36  resources resulting from the release of a hazardous substance, 
136.1   or a pollutant or contaminant, shall be deposited in the account 
136.2   remediation fund. 
136.3      Sec. 9.  Minnesota Statutes 2002, section 115B.17, 
136.4   subdivision 14, is amended to read: 
136.5      Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
136.6   OVERSIGHT.] (a) The commissioner may, upon request, assist a 
136.7   person in determining whether real property has been the site of 
136.8   a release or threatened release of a hazardous substance, 
136.9   pollutant, or contaminant.  The commissioner may also assist in, 
136.10  or supervise, the development and implementation of reasonable 
136.11  and necessary response actions.  Assistance may include review 
136.12  of agency records and files, and review and approval of a 
136.13  requester's investigation plans and reports and response action 
136.14  plans and implementation. 
136.15     (b) Except as otherwise provided in this paragraph, the 
136.16  person requesting assistance under this subdivision shall pay 
136.17  the agency for the agency's cost, as determined by the 
136.18  commissioner, of providing assistance.  A state agency, 
136.19  political subdivision, or other public entity is not required to 
136.20  pay for the agency's cost to review agency records and files.  
136.21  Money received by the agency for assistance under this section 
136.22  must be deposited in the environmental response, compensation, 
136.23  and compliance remediation fund and is exempt from section 
136.24  16A.1285. 
136.25     (c) When a person investigates a release or threatened 
136.26  release in accordance with an investigation plan approved by the 
136.27  commissioner under this subdivision, the investigation does not 
136.28  associate that person with the release or threatened release for 
136.29  the purpose of section 115B.03, subdivision 3, clause (4). 
136.30     Sec. 10.  Minnesota Statutes 2002, section 115B.17, 
136.31  subdivision 16, is amended to read: 
136.32     Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
136.33  ACTION.] (a) If the commissioner determines that real or 
136.34  personal property acquired by the agency for response action is 
136.35  no longer needed for response action purposes, the commissioner 
136.36  may: 
137.1      (1) transfer the property to the commissioner of 
137.2   administration to be disposed of in the manner required for 
137.3   other surplus property subject to conditions the commissioner 
137.4   determines necessary to protect the public health and welfare or 
137.5   the environment, or to comply with federal law; 
137.6      (2) transfer the property to another state agency, a 
137.7   political subdivision, or special purpose district as provided 
137.8   in paragraph (b); or 
137.9      (3) if required by federal law, take actions and dispose of 
137.10  the property as required by federal law.  
137.11     (b) If the commissioner determines that real or personal 
137.12  property acquired by the agency for response action must be 
137.13  operated, maintained, or monitored after completion of other 
137.14  phases of the response action, the commissioner may transfer 
137.15  ownership of the property to another state agency, a political 
137.16  subdivision, or special purpose district that agrees to accept 
137.17  the property.  A state agency, political subdivision, or special 
137.18  purpose district is authorized to accept and implement the terms 
137.19  and conditions of a transfer under this paragraph.  The 
137.20  commissioner may set terms and conditions for the transfer that 
137.21  the commissioner considers reasonable and necessary to ensure 
137.22  proper operation, maintenance, and monitoring of response 
137.23  actions, protect the public health and welfare and the 
137.24  environment, and comply with applicable federal and state laws 
137.25  and regulations.  The state agency, political subdivision, or 
137.26  special purpose district to which the property is transferred is 
137.27  not liable under this chapter solely as a result of acquiring 
137.28  the property or acting in accordance with the terms and 
137.29  conditions of the transfer.  
137.30     (c) If the agency acquires property under subdivision 15, 
137.31  the commissioner may lease or grant an easement in the property 
137.32  to a person during the implementation of response actions if the 
137.33  lease or easement is compatible with or necessary for response 
137.34  action implementation. 
137.35     (d) The proceeds of a sale, lease, or other transfer of 
137.36  property under this subdivision by the commissioner or by the 
138.1   commissioner of administration shall be deposited in the 
138.2   environmental response, compensation, and compliance account 
138.3   remediation fund.  Any share of the proceeds that the agency is 
138.4   required by federal law or regulation to reimburse to the 
138.5   federal government is appropriated from the account to the 
138.6   agency for that purpose. Except for section 94.16, subdivision 
138.7   2, the provisions of section 94.16 do not apply to real property 
138.8   sold by the commissioner of administration which was acquired 
138.9   under subdivision 15. 
138.10     Sec. 11.  Minnesota Statutes 2002, section 115B.19, is 
138.11  amended to read: 
138.12     115B.19 [PURPOSES OF ACCOUNT AND TAXES FUND.] 
138.13     In establishing the environmental response, compensation 
138.14  and compliance account remediation fund in section 115B.20 and 
138.15  imposing taxes in section 115B.22 116.155 it is the purpose of 
138.16  the legislature to:  
138.17     (1) encourage treatment and disposal of hazardous waste in 
138.18  a manner that adequately protects the public health or welfare 
138.19  or the environment; 
138.20     (2) encourage responsible parties to provide the response 
138.21  actions necessary to protect the public and the environment from 
138.22  the effects of the release of hazardous substances; 
138.23     (3) encourage the use of alternatives to land disposal of 
138.24  hazardous waste including resource recovery, recycling, 
138.25  neutralization, and reduction; 
138.26     (4) provide state agencies with the financial resources 
138.27  needed to prepare and implement an effective and timely state 
138.28  response to the release of hazardous substances, including 
138.29  investigation, planning, removal and remedial action; 
138.30     (5) compensate for increased governmental expenses and loss 
138.31  of revenue and to provide other appropriate assistance to 
138.32  mitigate any adverse impact on communities in which commercial 
138.33  hazardous waste processing or disposal facilities are located 
138.34  under the siting process provided in chapter 115A; 
138.35     (6) recognize the environmental and public health costs of 
138.36  land disposal of solid waste and of the use and disposal of 
139.1   hazardous substances and to place the burden of financing state 
139.2   hazardous waste management activities on those whose products 
139.3   and services contribute to hazardous waste management problems 
139.4   and increase the risks of harm to the public and the environment.
139.5      Sec. 12.  Minnesota Statutes 2002, section 115B.20, is 
139.6   amended to read: 
139.7      115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
139.8   COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.] 
139.9      Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
139.10  response, compensation, and compliance account is in the 
139.11  environmental fund in the state treasury and may be spent only 
139.12  for the purposes provided in subdivision 2.  
139.13     (b) The commissioner of finance shall administer a response 
139.14  account for the agency and the commissioner of agriculture to 
139.15  take removal, response, and other actions authorized under 
139.16  subdivision 2, clauses (1) to (4) and (9) to (11).  The 
139.17  commissioner of finance shall transfer money from the response 
139.18  account to the agency and the commissioner of agriculture to 
139.19  take actions required under subdivision 2, clauses (1) to (4) 
139.20  and (9) to (11).  
139.21     (c) The commissioner of finance shall administer the 
139.22  account in a manner that allows the commissioner of agriculture 
139.23  and the agency to utilize the money in the account to implement 
139.24  their removal and remedial action duties as effectively as 
139.25  possible. 
139.26     (d) Amounts appropriated to the commissioner of finance 
139.27  under this subdivision shall not be included in the department 
139.28  of finance budget but shall be included in the pollution control 
139.29  agency and department of agriculture budgets. 
139.30     (e) All money recovered by the state under section 115B.04 
139.31  or any other law for injury to, destruction of, or loss of 
139.32  natural resources resulting from the release of a hazardous 
139.33  substance, or a pollutant or contaminant, must be credited to 
139.34  the environmental response, compensation, and compliance account 
139.35  in the environmental fund and is appropriated to the 
139.36  commissioner of natural resources for purposes of subdivision 2, 
140.1   clause (5), consistent with any applicable term of judgments, 
140.2   consent decrees, consent orders, or other administrative actions 
140.3   requiring payments to the state for such purposes.  Before 
140.4   making an expenditure of money appropriated under this 
140.5   paragraph, the commissioner of natural resources shall provide 
140.6   written notice of the proposed expenditure to the chairs of the 
140.7   senate committee on finance, the house of representatives 
140.8   committee on ways and means, the finance division of the senate 
140.9   committee on environment and natural resources, and the house of 
140.10  representatives committee on environment and natural resources 
140.11  finance. 
140.12     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
140.13  to appropriation by the legislature the money in the 
140.14  account Money appropriated from the remediation fund under 
140.15  section 116.155, subdivision 2, paragraph (a), clause (1), may 
140.16  be spent only for any of the following purposes:  
140.17     (1) preparation by the agency and the commissioner of 
140.18  agriculture for taking removal or remedial action under section 
140.19  115B.17, or under chapter 18D, including investigation, 
140.20  monitoring and testing activities, enforcement and compliance 
140.21  efforts relating to the release of hazardous substances, 
140.22  pollutants or contaminants under section 115B.17 or 115B.18, or 
140.23  chapter 18D; 
140.24     (2) removal and remedial actions taken or authorized by the 
140.25  agency or the commissioner of the pollution control agency under 
140.26  section 115B.17, or taken or authorized by the commissioner of 
140.27  agriculture under chapter 18D including related enforcement and 
140.28  compliance efforts under section 115B.17 or 115B.18, or chapter 
140.29  18D, and payment of the state share of the cost of remedial 
140.30  action which may be carried out under a cooperative agreement 
140.31  with the federal government pursuant to the federal Superfund 
140.32  Act, under United States Code, title 42, section 9604(c)(3) for 
140.33  actions related to facilities other than commercial hazardous 
140.34  waste facilities located under the siting authority of chapter 
140.35  115A; 
140.36     (3) reimbursement to any private person for expenditures 
141.1   made before July 1, 1983, to provide alternative water supplies 
141.2   deemed necessary by the agency or the commissioner of 
141.3   agriculture and the department of health to protect the public 
141.4   health from contamination resulting from the release of a 
141.5   hazardous substance; 
141.6      (4) removal and remedial actions taken or authorized by the 
141.7   agency or the commissioner of agriculture or the pollution 
141.8   control agency under section 115B.17, or chapter 18D, including 
141.9   related enforcement and compliance efforts under section 115B.17 
141.10  or 115B.18, or chapter 18D, and payment of the state share of 
141.11  the cost of remedial action which may be carried out under a 
141.12  cooperative agreement with the federal government pursuant to 
141.13  the federal Superfund Act, under United States Code, title 42, 
141.14  section 9604(c)(3) for actions related to commercial hazardous 
141.15  waste facilities located under the siting authority of chapter 
141.16  115A; 
141.17     (5) assessment and recovery of natural resource damages by 
141.18  the agency and the commissioners of natural resources and 
141.19  administration, and planning and implementation by the 
141.20  commissioner of natural resources of the rehabilitation, 
141.21  restoration, or acquisition of natural resources to remedy 
141.22  injuries or losses to natural resources resulting from the 
141.23  release of a hazardous substance; before implementing a project 
141.24  to rehabilitate, restore, or acquire natural resources under 
141.25  this clause, the commissioner of natural resources shall provide 
141.26  written notice of the proposed project to the chairs of the 
141.27  senate and house of representatives committees with jurisdiction 
141.28  over environment and natural resources finance; 
141.29     (6) inspection, monitoring, and compliance efforts by the 
141.30  agency, or by political subdivisions with agency approval, of 
141.31  commercial hazardous waste facilities located under the siting 
141.32  authority of chapter 115A; 
141.33     (7) grants by the agency or the office of environmental 
141.34  assistance to demonstrate alternatives to land disposal of 
141.35  hazardous waste including reduction, separation, pretreatment, 
141.36  processing and resource recovery, for education of persons 
142.1   involved in regulating and handling hazardous waste; 
142.2      (8) grants by the agency to study the extent of 
142.3   contamination and feasibility of cleanup of hazardous substances 
142.4   and pollutants or contaminants in major waterways of the state; 
142.5      (9) (5) acquisition of a property interest under section 
142.6   115B.17, subdivision 15; 
142.7      (10) (6) reimbursement, in an amount to be determined by 
142.8   the agency in each case, to a political subdivision that is not 
142.9   a responsible person under section 115B.03, for reasonable and 
142.10  necessary expenditures resulting from an emergency caused by a 
142.11  release or threatened release of a hazardous substance, 
142.12  pollutant, or contaminant; and 
142.13     (11) (7) reimbursement to a political subdivision for 
142.14  expenditures in excess of the liability limit under section 
142.15  115B.04, subdivision 4. 
142.16     Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 
142.17  of agriculture or the pollution control agency or the agency may 
142.18  not spend any money under subdivision 2, clause (2) or (4), for 
142.19  removal or remedial actions to the extent that the costs of 
142.20  those actions may be compensated from any fund established under 
142.21  the Federal Superfund Act, United States Code, title 42, section 
142.22  9600 et seq.  The commissioner of agriculture or the pollution 
142.23  control agency or the agency shall determine the extent to which 
142.24  any of the costs of those actions may be compensated under the 
142.25  federal act based on the likelihood that the compensation will 
142.26  be available in a timely fashion.  In making this determination 
142.27  the commissioner of agriculture or the pollution control agency 
142.28  or the agency shall take into account:  
142.29     (1) the urgency of the removal or remedial actions and the 
142.30  priority assigned under the Federal Superfund Act to the release 
142.31  which necessitates those actions; 
142.32     (2) the availability of money in the funds established 
142.33  under the Federal Superfund Act; and 
142.34     (3) the consistency of any compensation for the cost of the 
142.35  proposed actions under the Federal Superfund Act with the 
142.36  national contingency plan, if such a plan has been adopted under 
143.1   that act.  
143.2      Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
143.3   sources shall be deposited in the account: 
143.4      (1) the proceeds of the taxes imposed pursuant to section 
143.5   115B.22, including interest and penalties; 
143.6      (2) all money recovered by the state under sections 115B.01 
143.7   to 115B.18 or under any other statute or rule related to the 
143.8   regulation of hazardous waste or hazardous substances, including 
143.9   civil penalties and money paid under any agreement, stipulation 
143.10  or settlement but excluding fees imposed under section 116.12; 
143.11     (3) all interest attributable to investment of money 
143.12  deposited in the account; and 
143.13     (4) all money received in the form of gifts, grants, 
143.14  reimbursement or appropriation from any source for any of the 
143.15  purposes provided in subdivision 2, except federal grants.  
143.16     Subd. 5.  [RECOMMENDATION.] The commissioner of agriculture 
143.17  shall make recommendations to the standing legislative 
143.18  committees on finance and appropriations regarding 
143.19  appropriations from the account. 
143.20     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
143.21  commissioner of agriculture and the agency shall submit to the 
143.22  senate finance committee, the house ways and means committee, 
143.23  the environment and natural resources committees of the senate 
143.24  and house of representatives, the finance division of the senate 
143.25  committee on environment and natural resources, and the house of 
143.26  representatives committee on environment and natural resources 
143.27  finance, and the environmental quality board a report detailing 
143.28  the activities for which money from the account has been spent 
143.29  pursuant to this section during the previous fiscal year. 
143.30     Sec. 13.  Minnesota Statutes 2002, section 115B.22, 
143.31  subdivision 7, is amended to read: 
143.32     Subd. 7.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
143.33  the department of revenue for costs incurred in administering 
143.34  sections 115B.22 and 115B.24, the proceeds of the taxes imposed 
143.35  under this section including any interest and penalties shall be 
143.36  deposited in the environmental response, compensation, and 
144.1   compliance account fund. 
144.2      Sec. 14.  Minnesota Statutes 2002, section 115B.25, 
144.3   subdivision 1a, is amended to read: 
144.4      Subd. 1a.  [ACCOUNT FUND.] Except when another fund or 
144.5   account is specified, "account fund" means the environmental 
144.6   response, compensation, and compliance account remediation fund 
144.7   established in section 115B.20 116.155. 
144.8      Sec. 15.  Minnesota Statutes 2002, section 115B.25, 
144.9   subdivision 4, is amended to read: 
144.10     Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
144.11  person who is eligible to file a claim with the account fund 
144.12  under section 115B.29. 
144.13     Sec. 16.  Minnesota Statutes 2002, section 115B.26, is 
144.14  amended to read: 
144.15     115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
144.16  COMPLIANCE ACCOUNT PAYMENT OF CLAIMS.] 
144.17     Subd. 2.  [APPROPRIATION.] The amount necessary to pay 
144.18  claims of compensation granted by the agency under sections 
144.19  115B.25 to 115B.37 is appropriated to the agency from 
144.20  the account fund. 
144.21     Subd. 3.  [PAYMENT OF CLAIMS WHEN ACCOUNT FUND 
144.22  INSUFFICIENT.] If the amount of the claims granted exceeds the 
144.23  amount in the account fund, the agency shall request a transfer 
144.24  from the general contingent account to the environmental 
144.25  response, compensation, and compliance account fund as provided 
144.26  in section 3.30.  If no transfer is approved, the agency shall 
144.27  pay the claims which have been granted in the order granted only 
144.28  to the extent of the money remaining in the account fund.  The 
144.29  agency shall pay the remaining claims which have been granted 
144.30  after additional money is credited to the account fund. 
144.31     Subd. 4.  [ACCOUNT TRANSFER REQUEST.] At the end of each 
144.32  fiscal year, the agency shall submit a request to the petroleum 
144.33  tank release compensation board for transfer to the account fund 
144.34  from the petroleum tank release cleanup fund under section 
144.35  115C.08, subdivision 5, of an amount equal to the compensation 
144.36  granted by the agency for claims related to petroleum releases 
145.1   plus administrative costs related to determination of those 
145.2   claims. 
145.3      Sec. 17.  Minnesota Statutes 2002, section 115B.30, is 
145.4   amended to read: 
145.5      115B.30 [ELIGIBLE INJURY AND DAMAGE.] 
145.6      Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
145.7   injury which could reasonably have resulted from exposure to a 
145.8   harmful substance released from a facility where it was placed 
145.9   or came to be located is eligible for compensation from 
145.10  the account fund if:  
145.11     (1) it is a medically verified chronic or progressive 
145.12  disease, illness, or disability such as cancer, organic nervous 
145.13  system disorders, or physical deformities, including 
145.14  malfunctions in reproduction, in humans or their offspring, or 
145.15  death; or 
145.16     (2) it is a medically verified acute disease or condition 
145.17  that typically manifests itself rapidly after a single exposure 
145.18  or limited exposures and the persons responsible for the release 
145.19  of the harmful substance are unknown or cannot with reasonable 
145.20  diligence be determined or located or a judgment would not be 
145.21  satisfied in whole or in part against the persons determined to 
145.22  be responsible for the release of the harmful substance.  
145.23     (b) A personal injury is not compensable from the account 
145.24  if: 
145.25     (1) the injury is compensable under the workers' 
145.26  compensation law, chapter 176; 
145.27     (2) the injury arises out of the claimant's use of a 
145.28  consumer product; 
145.29     (3) the injury arises out of an exposure that occurred or 
145.30  is occurring outside the geographical boundaries of the state; 
145.31     (4) the injury results from the release of a harmful 
145.32  substance for which the claimant is a responsible person; or 
145.33     (5) the injury is an acute disease or condition other than 
145.34  one described in paragraph (a). 
145.35     Subd. 2.  [ELIGIBLE PROPERTY DAMAGE.] Damage to real 
145.36  property in Minnesota owned by the claimant is eligible for 
146.1   compensation from the account fund if the damage results from 
146.2   the presence in or on the property of a harmful substance 
146.3   released from a facility where it was placed or came to be 
146.4   located.  Damage to property is not eligible for compensation 
146.5   from the account fund if it results from the release of a 
146.6   harmful substance for which the claimant is a responsible person.
146.7      Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
146.8   eligible for compensation from the account fund unless it is 
146.9   filed with the agency within the time provided in this 
146.10  subdivision. 
146.11     (b) A claim for compensation for personal injury must be 
146.12  filed within two years after the injury and its connection to 
146.13  exposure to a harmful substance was or reasonably should have 
146.14  been discovered. 
146.15     (c) A claim for compensation for property damage must be 
146.16  filed within two years after the full amount of compensable 
146.17  losses can be determined. 
146.18     (d) Notwithstanding the provisions of this subdivision, 
146.19  claims for compensation that would otherwise be barred by any 
146.20  statute of limitations provided in sections 115B.25 to 115B.37 
146.21  may be filed not later than January 1, 1992. 
146.22     Sec. 18.  Minnesota Statutes 2002, section 115B.31, 
146.23  subdivision 1, is amended to read: 
146.24     Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
146.25  CERTAIN CASES.] (a) A person who has settled a claim for an 
146.26  eligible injury or eligible property damage with a responsible 
146.27  person, either before or after bringing an action in court for 
146.28  that injury or damage, may not file a claim with the account for 
146.29  the same injury or damage.  A person who has received a 
146.30  favorable judgment in a court action for an eligible injury or 
146.31  eligible property damage may not file a claim with the account 
146.32  fund for the same injury or damage, unless the judgment cannot 
146.33  be satisfied in whole or in part against the persons responsible 
146.34  for the release of the harmful substance.  A person who has 
146.35  filed a claim with the agency or its predecessor, the harmful 
146.36  substance compensation board, may not file another claim with 
147.1   the agency for the same eligible injury or damage, unless the 
147.2   claim was inactivated by the agency or board as provided in 
147.3   section 115B.32, subdivision 1. 
147.4      (b) A person who has filed a claim with the agency or board 
147.5   for an eligible injury or damage, and who has received and 
147.6   accepted an award from the agency or board, is precluded from 
147.7   bringing an action in court for the same eligible injury or 
147.8   damage.  
147.9      (c) A person who files a claim with the agency for personal 
147.10  injury or property damage must include all known claims eligible 
147.11  for compensation in one proceeding before the agency. 
147.12     Sec. 19.  Minnesota Statutes 2002, section 115B.31, 
147.13  subdivision 3, is amended to read: 
147.14     Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
147.15  to all the claimant's rights under statutory or common law to 
147.16  recover losses compensated from the account fund from other 
147.17  sources, including responsible persons as defined in section 
147.18  115B.03.  The state may bring a subrogation action in its own 
147.19  name or in the name of the claimant.  The state may not bring a 
147.20  subrogation action against a person who was a party in a court 
147.21  action by the claimant for the same eligible injury or damage, 
147.22  unless the claimant dismissed the action prior to trial.  Money 
147.23  recovered by the state under this subdivision must be deposited 
147.24  in the account fund.  Nothing in sections 115B.25 to 115B.37 
147.25  shall be construed to create a standard of recovery in a 
147.26  subrogation action.  
147.27     Sec. 20.  Minnesota Statutes 2002, section 115B.31, 
147.28  subdivision 4, is amended to read: 
147.29     Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
147.30  A claimant may not commence a court action to recover for any 
147.31  injury or damage for which the claimant seeks compensation from 
147.32  the account fund during the time that a claim is pending before 
147.33  the agency.  A person may not file a claim with the agency for 
147.34  compensation for any injury or damage for which the claimant 
147.35  seeks to recover in a pending court action.  The time for filing 
147.36  a claim under section 115B.30 or the statute of limitations for 
148.1   any civil action is suspended during the period of time that a 
148.2   claimant is precluded from filing a claim or commencing an 
148.3   action under this subdivision. 
148.4      Sec. 21.  Minnesota Statutes 2002, section 115B.32, 
148.5   subdivision 1, is amended to read: 
148.6      Subdivision 1.  [FORM.] A claim for compensation from 
148.7   the account fund must be filed with the agency in the form 
148.8   required by the agency.  When a claim does not include all the 
148.9   information required by subdivision 2 and applicable agency 
148.10  rules, the agency staff shall notify the claimant of the absence 
148.11  of the required information within 14 days of the filing of the 
148.12  claim.  All required information must be received by the agency 
148.13  not later than 60 days after the claimant received notice of its 
148.14  absence or the claim will be inactivated and may not be 
148.15  resubmitted for at least one year following the date of 
148.16  inactivation.  The agency may decide not to inactivate a claim 
148.17  under this subdivision if it finds serious extenuating 
148.18  circumstances. 
148.19     Sec. 22.  Minnesota Statutes 2002, section 115B.33, 
148.20  subdivision 1, is amended to read: 
148.21     Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The agency 
148.22  shall grant compensation to a claimant who shows that it is more 
148.23  likely than not that: 
148.24     (1) the claimant suffers a medically verified injury that 
148.25  is eligible for compensation from the account fund and that has 
148.26  resulted in a compensable loss; 
148.27     (2) the claimant has been exposed to a harmful substance; 
148.28     (3) the release of the harmful substance from a facility 
148.29  where the substance was placed or came to be located could 
148.30  reasonably have resulted in the claimant's exposure to the 
148.31  substance in the amount and duration experienced by the 
148.32  claimant; and 
148.33     (4) the injury suffered by the claimant can be caused or 
148.34  significantly contributed to by exposure to the harmful 
148.35  substance in an amount and duration experienced by the claimant. 
148.36     Sec. 23.  Minnesota Statutes 2002, section 115B.34, is 
149.1   amended to read: 
149.2      115B.34 [COMPENSABLE LOSSES.] 
149.3      Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
149.4   compensable by the account fund for personal injury are limited 
149.5   to: 
149.6      (1) medical expenses directly related to the claimant's 
149.7   injury; 
149.8      (2) up to two-thirds of the claimant's lost wages not to 
149.9   exceed $2,000 per month or $24,000 per year; 
149.10     (3) up to two-thirds of a self-employed claimant's lost 
149.11  income, not to exceed $2,000 per month or $24,000 per year; 
149.12     (4) death benefits to dependents which the agency shall 
149.13  define by rule subject to the following conditions: 
149.14     (i) the rule adopted by the agency must establish a 
149.15  schedule of benefits similar to that established by section 
149.16  176.111 and must not provide for the payment of benefits to 
149.17  dependents other than those dependents defined in section 
149.18  176.111; 
149.19     (ii) the total benefits paid to all dependents of a 
149.20  claimant must not exceed $2,000 per month; 
149.21     (iii) benefits paid to a spouse and all dependents other 
149.22  than children must not continue for a period longer than ten 
149.23  years; 
149.24     (iv) payment of benefits is subject to the limitations of 
149.25  section 115B.36; and 
149.26     (5) the value of household labor lost due to the claimant's 
149.27  injury or disease, which must be determined in accordance with a 
149.28  schedule established by the board by rule, not to exceed $2,000 
149.29  per month or $24,000 per year. 
149.30     Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
149.31  by the account fund for property damage are limited to the 
149.32  following losses caused by damage to the principal residence of 
149.33  the claimant: 
149.34     (1) the reasonable cost of replacing or decontaminating the 
149.35  primary source of drinking water for the property not to exceed 
149.36  the amount actually expended by the claimant or assessed by a 
150.1   local taxing authority, if the department of health has 
150.2   confirmed that the remedy provides safe drinking water and 
150.3   advised that the water not be used for drinking or determined 
150.4   that the replacement or decontamination of the source of 
150.5   drinking water was necessary, up to a maximum of $25,000; 
150.6      (2) losses incurred as a result of a bona fide sale of the 
150.7   property at less than the appraised market value under 
150.8   circumstances that constitute a hardship to the owner, limited 
150.9   to 75 percent of the difference between the appraised market 
150.10  value and the selling price, but not to exceed $25,000; and 
150.11     (3) losses incurred as a result of the inability of an 
150.12  owner in hardship circumstances to sell the property due to the 
150.13  presence of harmful substances, limited to the increase in costs 
150.14  associated with the need to maintain two residences, but not to 
150.15  exceed $25,000.  
150.16     (b) In computation of the loss under paragraph (a), clause 
150.17  (3), the agency shall offset the loss by the amount of any 
150.18  income received by the claimant from the rental of the property. 
150.19     (c) For purposes of paragraph (a), the following 
150.20  definitions apply: 
150.21     (1) "appraised market value" means an appraisal of the 
150.22  market value of the property disregarding any decrease in value 
150.23  caused by the presence of a harmful substance in or on the 
150.24  property; and 
150.25     (2) "hardship" means an urgent need to sell the property 
150.26  based on a special circumstance of the owner including 
150.27  catastrophic medical expenses, inability of the owner to 
150.28  physically maintain the property due to a physical or mental 
150.29  condition, and change of employment of the owner or other member 
150.30  of the owner's household requiring the owner to move to a 
150.31  different location. 
150.32     (d) Appraisals are subject to agency approval.  The agency 
150.33  may adopt rules governing approval of appraisals, criteria for 
150.34  establishing a hardship, and other matters necessary to 
150.35  administer this subdivision. 
150.36     Sec. 24.  Minnesota Statutes 2002, section 115B.36, is 
151.1   amended to read: 
151.2      115B.36 [AMOUNT AND FORM OF PAYMENT.] 
151.3      If the agency decides to grant compensation, it shall 
151.4   determine the net uncompensated loss payable to the claimant by 
151.5   computing the total amount of compensable losses payable to the 
151.6   claimant and subtracting the total amount of any compensation 
151.7   received by the claimant for the same injury or damage from 
151.8   other sources including, but not limited to, all forms of 
151.9   insurance and social security and any emergency award made by 
151.10  the agency.  The agency shall pay compensation in the amount of 
151.11  the net uncompensated loss, provided that no claimant may 
151.12  receive more than $250,000.  In the case of a death, the total 
151.13  amount paid to all persons on behalf of the claimant may not 
151.14  exceed $250,000. 
151.15     Compensation from the account fund may be awarded in a lump 
151.16  sum or in installments at the discretion of the agency. 
151.17     Sec. 25.  Minnesota Statutes 2002, section 115B.40, 
151.18  subdivision 4, is amended to read: 
151.19     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
151.20  DUTIES.] (a) The owner or operator of a qualified facility that 
151.21  is not subject to a cleanup order shall: 
151.22     (1) complete closure activities at the facility, or enter 
151.23  into a binding agreement with the commissioner to do so, as 
151.24  provided in paragraph (e), within one year from the date the 
151.25  owner or operator is notified by the commissioner under 
151.26  subdivision 3 of the closure activities that are necessary to 
151.27  properly close the facility in compliance with facility's 
151.28  permit, closure orders, or enforcement agreement with the 
151.29  agency, and with the solid waste rules in effect at the time the 
151.30  facility stopped accepting waste; 
151.31     (2) undertake or continue postclosure care at the facility 
151.32  until the date of notice of compliance under subdivision 7; 
151.33     (3) in the case of qualified facilities defined in section 
151.34  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
151.35  the commissioner of revenue for deposit in the solid waste 
151.36  remediation fund established in section 115B.42 116.155 any 
152.1   funds required for proof of financial responsibility under 
152.2   section 116.07, subdivision 4h, that remain after facility 
152.3   closure and any postclosure care and response action undertaken 
152.4   by the owner or operator at the facility including, if proof of 
152.5   financial responsibility is provided through a letter of credit 
152.6   or other financial instrument or mechanism that does not 
152.7   accumulate money in an account, the amount that would have 
152.8   accumulated had the owner or operator utilized a trust fund, 
152.9   less any amount used for closure, postclosure care, and response 
152.10  action at the facility; and 
152.11     (4) in the case of qualified facilities defined in section 
152.12  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
152.13  the commissioner of revenue for deposit in the solid waste 
152.14  remediation fund established in section 115B.42 116.155 an 
152.15  amount of cash that is equal to the sum of their approved 
152.16  current contingency action cost estimate and the present value 
152.17  of their approved estimated remaining postclosure care costs 
152.18  required for proof of financial responsibility under section 
152.19  116.07, subdivision 4h. 
152.20     (b) The owner or operator of a qualified facility that is 
152.21  not subject to a cleanup order shall:  
152.22     (1) in the case of qualified facilities defined in section 
152.23  115B.39, subdivision 2, paragraph (l), clause (1), provide the 
152.24  commissioner with a copy of all applicable comprehensive general 
152.25  liability insurance policies and other liability policies 
152.26  relating to property damage, certificates, or other evidence of 
152.27  insurance coverage held during the life of the facility; and 
152.28     (2) enter into a binding agreement with the commissioner to:
152.29     (i) in the case of qualified facilities defined in section 
152.30  115B.39, subdivision 2, paragraph (l), clause (1), take any 
152.31  actions necessary to preserve the owner or operator's rights to 
152.32  payment or defense under insurance policies included in clause 
152.33  (1); cooperate with the commissioner in asserting claims under 
152.34  the policies; and, within 60 days of a request by the 
152.35  commissioner, but no earlier than July 1, 1996, assign only 
152.36  those rights under the policies related to environmental 
153.1   response costs; 
153.2      (ii) cooperate with the commissioner or other persons 
153.3   acting at the direction of the commissioner in taking additional 
153.4   environmental response actions necessary to address releases or 
153.5   threatened releases and to avoid any action that interferes with 
153.6   environmental response actions, including allowing entry to the 
153.7   property and to the facility's records and allowing entry and 
153.8   installation of equipment; and 
153.9      (iii) refrain from developing or altering the use of 
153.10  property described in any permit for the facility except after 
153.11  consultation with the commissioner and in conformance with any 
153.12  conditions established by the commissioner for that property, 
153.13  including use restrictions, to protect public health and welfare 
153.14  and the environment. 
153.15     (c) The owner or operator of a qualified facility defined 
153.16  in section 115B.39, subdivision 2, paragraph (l), clause (1), 
153.17  that is a political subdivision may use a portion of any funds 
153.18  established for response at the facility, which are available 
153.19  directly or through a financial instrument or other financial 
153.20  arrangement, for closure or postclosure care at the facility if 
153.21  funds available for closure or postclosure care are inadequate 
153.22  and shall assign the rights to any remainder to the commissioner.
153.23     (d) The agreement required in paragraph (b), clause (2), 
153.24  must be in writing and must apply to and be binding upon the 
153.25  successors and assigns of the owner.  The owner shall record the 
153.26  agreement, or a memorandum approved by the commissioner that 
153.27  summarizes the agreement, with the county recorder or registrar 
153.28  of titles of the county where the property is located. 
153.29     (e) A binding agreement entered into under paragraph (a), 
153.30  clause (1), may include a provision that the owner or operator 
153.31  will reimburse the commissioner for the costs of closing the 
153.32  facility to the standard required in that clause. 
153.33     Sec. 26.  Minnesota Statutes 2002, section 115B.41, 
153.34  subdivision 1, is amended to read: 
153.35     Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
153.36  person who is subject to the requirements in section 115B.40, 
154.1   subdivision 4 or 5, paragraph (b), is responsible for all 
154.2   environmental response costs incurred by the commissioner at or 
154.3   related to the facility until the date of notice of compliance 
154.4   under section 115B.40, subdivision 7.  The commissioner may use 
154.5   any funds available for closure, postclosure care, and response 
154.6   action established by the owner or operator.  If those funds are 
154.7   insufficient or if the owner or operator fails to assign rights 
154.8   to them to the commissioner, the commissioner may seek recovery 
154.9   of environmental response costs against the owner or operator in 
154.10  the county of Ramsey or in the county where the facility is 
154.11  located or where the owner or operator resides.  
154.12     (b) In an action brought under this subdivision in which 
154.13  the commissioner prevails, the court shall award the 
154.14  commissioner reasonable attorney fees and other litigation 
154.15  expenses incurred by the commissioner to bring the action.  All 
154.16  costs, fees, and expenses recovered under this subdivision must 
154.17  be deposited in the solid waste remediation fund established in 
154.18  section 115B.42 116.155. 
154.19     Sec. 27.  Minnesota Statutes 2002, section 115B.41, 
154.20  subdivision 2, is amended to read: 
154.21     Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
154.22  environmental response costs, including administrative and legal 
154.23  expenses, incurred by the commissioner at a qualified facility 
154.24  before the date of notice of compliance under section 115B.40, 
154.25  subdivision 7, constitute a lien in favor of the state upon any 
154.26  real property located in the state, other than homestead 
154.27  property, owned by the owner or operator who is subject to the 
154.28  requirements of section 115B.40, subdivision 4 or 5.  A lien 
154.29  under this subdivision attaches when the environmental response 
154.30  costs are first incurred and continues until the lien is 
154.31  satisfied or becomes unenforceable as for an environmental lien 
154.32  under section 514.672.  Notice, filing, and release of the lien 
154.33  are governed by sections 514.671 to 514.676, except where those 
154.34  requirements specifically are related to only cleanup action 
154.35  expenses as defined in section 514.671.  Relative priority of a 
154.36  lien under this subdivision is governed by section 514.672, 
155.1   except that a lien attached to property that was included in any 
155.2   permit for the solid waste disposal facility takes precedence 
155.3   over all other liens regardless of when the other liens were or 
155.4   are perfected.  Amounts received to satisfy all or a part of a 
155.5   lien must be deposited in the solid waste remediation fund. 
155.6      Sec. 28.  Minnesota Statutes 2002, section 115B.41, 
155.7   subdivision 3, is amended to read: 
155.8      Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
155.9   operator fails to comply with section 115B.40, subdivision 4, or 
155.10  5, paragraph (b), fails to remit payment of environmental 
155.11  response costs incurred by the commissioner before the date of 
155.12  notice of compliance under section 115B.40, subdivision 7, and 
155.13  is a local government unit, the commissioner may seek payment of 
155.14  the costs from any state aid payments, except payments made 
155.15  under section 115A.557, subdivision 1, otherwise due the local 
155.16  government unit.  The commissioner of revenue, after being 
155.17  notified by the commissioner that the local government unit has 
155.18  failed to pay the costs and the amount due, shall pay an annual 
155.19  proportionate amount of the state aid payment otherwise payable 
155.20  to the local government unit into the solid waste remediation 
155.21  fund that will, over a period of no more than five years, 
155.22  satisfy the liability of the local government unit for the costs.
155.23     Sec. 29.  Minnesota Statutes 2002, section 115B.42, 
155.24  subdivision 2, is amended to read: 
155.25     Subd. 2.  [EXPENDITURES.] Money in the fund may be spent by 
155.26  The commissioner may spend money from the remediation fund under 
155.27  section 116.155, subdivision 2, paragraph (a), clause (2), to: 
155.28     (1) inspect permitted mixed municipal solid waste disposal 
155.29  facilities to: 
155.30     (i) evaluate the adequacy of final cover, slopes, 
155.31  vegetation, and erosion control; 
155.32     (ii) determine the presence and concentration of hazardous 
155.33  substances, pollutants or contaminants, and decomposition gases; 
155.34  and 
155.35     (iii) determine the boundaries of fill areas; 
155.36     (2) monitor and take, or reimburse others for, 
156.1   environmental response actions, including emergency response 
156.2   actions, at qualified facilities; 
156.3      (3) acquire and dispose of property under section 115B.412, 
156.4   subdivision 3; 
156.5      (4) recover costs under section 115B.39; 
156.6      (5) administer, including providing staff and 
156.7   administrative support for, sections 115B.39 to 115B.445; 
156.8      (6) enforce sections 115B.39 to 115B.445; 
156.9      (7) subject to appropriation, administer the agency's 
156.10  groundwater and solid waste management programs; 
156.11     (8) pay for private water supply well monitoring and health 
156.12  assessment costs of the commissioner of health in areas affected 
156.13  by unpermitted mixed municipal solid waste disposal facilities; 
156.14     (9) (8) reimburse persons under section 115B.43; 
156.15     (10) (9) reimburse mediation expenses up to a total of 
156.16  $250,000 annually or defense costs up to a total of $250,000 
156.17  annually for third-party claims for response costs under state 
156.18  or federal law as provided in section 115B.414; and 
156.19     (11) (10) perform environmental assessments, up to 
156.20  $1,000,000, at unpermitted mixed municipal solid waste disposal 
156.21  facilities. 
156.22     Sec. 30.  Minnesota Statutes 2002, section 115B.421, is 
156.23  amended to read: 
156.24     115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 
156.25     The closed landfill investment fund is established in the 
156.26  state treasury.  The fund consists of money credited to the 
156.27  fund, and interest and other earnings on money in the fund.  The 
156.28  commissioner of finance shall transfer an initial amount of 
156.29  $5,100,000 from the balance in the solid waste fund beginning in 
156.30  fiscal year 2000 and shall continue to transfer $5,100,000 for 
156.31  each following fiscal year, ceasing after 2003.  Beginning July 
156.32  1, 2003, funds must be deposited as described in section 
156.33  115B.445.  The fund shall be managed to maximize long-term gain 
156.34  through the state board of investment.  Money in the fund may be 
156.35  spent by the commissioner after fiscal year 2020 in accordance 
156.36  with section 115B.42, subdivision 2, clauses (1) to (6) sections 
157.1   115B.39 to 115B.444.  
157.2      Sec. 31.  Minnesota Statutes 2002, section 115B.445, is 
157.3   amended to read: 
157.4      115B.445 [DEPOSIT OF PROCEEDS.] 
157.5      All amounts paid to the state by an insurer pursuant to any 
157.6   settlement under section 115B.443 or judgment under section 
157.7   115B.444 must be deposited in the state treasury and 
157.8   credited equally to the solid waste remediation fund and the 
157.9   closed landfill investment fund. 
157.10     <b>[EFFECTIVE DATE.]</b> This section is effective for all 
157.11  proceeds paid after June 30, 2001. 
157.12     Sec. 32.  Minnesota Statutes 2002, section 115B.48, 
157.13  subdivision 2, is amended to read: 
157.14     Subd. 2.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
157.15  REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 
157.16  response and reimbursement account" or "account" means the dry 
157.17  cleaner environmental response and reimbursement account in the 
157.18  remediation fund established in section sections 115B.49 and 
157.19  116.155. 
157.20     Sec. 33.  Minnesota Statutes 2002, section 115B.49, 
157.21  subdivision 1, is amended to read: 
157.22     Subdivision 1.  [ESTABLISHMENT.] The dry cleaner 
157.23  environmental response and reimbursement account is established 
157.24  as an account in the state treasury remediation fund. 
157.25     Sec. 34.  Minnesota Statutes 2002, section 115B.49, 
157.26  subdivision 3, is amended to read: 
157.27     Subd. 3.  [EXPENDITURES.] (a) Money in the account may only 
157.28  be used: 
157.29     (1) for environmental response costs incurred by the 
157.30  commissioner under section 115B.50, subdivision 1; 
157.31     (2) for reimbursement of amounts spent by the commissioner 
157.32  from the environmental response, compensation, and compliance 
157.33  account remediation fund for expenses described in clause (1); 
157.34     (3) for reimbursements under section 115B.50, subdivision 
157.35  2; and 
157.36     (4) for administrative costs of the commissioner of revenue.
158.1      (b) Money in the account is appropriated to the 
158.2   commissioner for the purposes of this subdivision.  The 
158.3   commissioner shall transfer funds to the commissioner of revenue 
158.4   sufficient to cover administrative costs pursuant to paragraph 
158.5   (a), clause (4). 
158.6      Sec. 35.  Minnesota Statutes 2002, section 115D.12, 
158.7   subdivision 2, is amended to read: 
158.8      Subd. 2.  [FEES.] (a) Persons required by United States 
158.9   Code, title 42, section 11023, to submit a toxic chemical 
158.10  release form to the commission, and owners or operators of 
158.11  facilities listed in section 299K.08, subdivision 3, shall pay a 
158.12  pollution prevention fee of $150 for each toxic pollutant 
158.13  reported released plus a fee based on the total pounds of toxic 
158.14  pollutants reported as released from each facility.  Facilities 
158.15  reporting less than 25,000 pounds annually of toxic pollutants 
158.16  released per facility shall be assessed a fee of $500.  
158.17  Facilities reporting annual releases of toxic pollutants in 
158.18  excess of 25,000 pounds shall be assessed a graduated fee at the 
158.19  rate of two cents per pound of toxic pollutants reported.  
158.20     (b) Persons who generate more than 1,000 kilograms of 
158.21  hazardous waste per month but who are not subject to the fee 
158.22  under paragraph (a) must pay a pollution prevention fee of $500 
158.23  per facility.  Hazardous waste as used in this paragraph has the 
158.24  meaning given it in section 116.06, subdivision 11, and 
158.25  Minnesota Rules, chapter 7045. 
158.26     (c) Fees required under this subdivision must be paid to 
158.27  the director by January 1 of each year.  The fees shall be 
158.28  deposited in the state treasury and credited to the 
158.29  environmental fund. 
158.30     (d) The fees under this subdivision are exempt from section 
158.31  16A.1285.  
158.32     Sec. 36.  Minnesota Statutes 2002, section 116.03, 
158.33  subdivision 2, is amended to read: 
158.34     Subd. 2.  [ORGANIZATION OF OFFICE.] The commissioner shall 
158.35  organize the agency and employ such assistants and other 
158.36  officers, employees and agents as the commissioner may deem 
159.1   necessary to discharge the functions of the commissioner's 
159.2   office, define the duties of such officers, employees and 
159.3   agents, and delegate to them any of the commissioner's powers, 
159.4   duties, and responsibilities, subject to the commissioner's 
159.5   control and under such conditions as the commissioner may 
159.6   prescribe.  The commissioner may also contract with, and enter 
159.7   into grant agreements with, persons, firms, corporations, the 
159.8   federal government and any agency or instrumentality thereof, 
159.9   the water research center of the University of Minnesota or any 
159.10  other instrumentality of such university, for doing any of the 
159.11  work of the commissioner's office, and.  None of the provisions 
159.12  of chapter 16C, relating to bids, shall apply to such contracts. 
159.13     Sec. 37.  Minnesota Statutes 2002, section 116.07, 
159.14  subdivision 4d, is amended to read: 
159.15     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
159.16  fees in amounts not greater than those necessary to cover the 
159.17  reasonable costs of developing, reviewing, and acting upon 
159.18  applications for agency permits and implementing and enforcing 
159.19  the conditions of the permits pursuant to agency rules.  Permit 
159.20  fees shall not include the costs of litigation.  The fee 
159.21  schedule must reflect reasonable and routine direct and indirect 
159.22  costs associated with permitting, implementation, and 
159.23  enforcement costs.  The agency may impose an additional 
159.24  enforcement fee to be collected for a period of up to two years 
159.25  to cover the reasonable costs of implementing and enforcing the 
159.26  conditions of a permit under the rules of the agency.  Any money 
159.27  collected under this paragraph shall be deposited in the 
159.28  environmental fund. 
159.29     (b) Notwithstanding paragraph (a), and section 16A.1285, 
159.30  subdivision 2, the agency shall collect an annual fee from the 
159.31  owner or operator of all stationary sources, emission 
159.32  facilities, emissions units, air contaminant treatment 
159.33  facilities, treatment facilities, potential air contaminant 
159.34  storage facilities, or storage facilities subject to the 
159.35  requirement to obtain a permit under subchapter V of the federal 
159.36  Clean Air Act, United States Code, title 42, section 7401 et 
160.1   seq., or section 116.081.  The annual fee shall be used to pay 
160.2   for all direct and indirect reasonable costs, including attorney 
160.3   general costs, required to develop and administer the permit 
160.4   program requirements of subchapter V of the federal Clean Air 
160.5   Act, United States Code, title 42, section 7401 et seq., and 
160.6   sections of this chapter and the rules adopted under this 
160.7   chapter related to air contamination and noise.  Those costs 
160.8   include the reasonable costs of reviewing and acting upon an 
160.9   application for a permit; implementing and enforcing statutes, 
160.10  rules, and the terms and conditions of a permit; emissions, 
160.11  ambient, and deposition monitoring; preparing generally 
160.12  applicable regulations; responding to federal guidance; 
160.13  modeling, analyses, and demonstrations; preparing inventories 
160.14  and tracking emissions; and providing information to the public 
160.15  about these activities. 
160.16     (c) The agency shall set fees that: 
160.17     (1) will result in the collection, in the aggregate, from 
160.18  the sources listed in paragraph (b), of an amount not less than 
160.19  $25 per ton of each volatile organic compound; pollutant 
160.20  regulated under United States Code, title 42, section 7411 or 
160.21  7412 (section 111 or 112 of the federal Clean Air Act); and each 
160.22  pollutant, except carbon monoxide, for which a national primary 
160.23  ambient air quality standard has been promulgated; 
160.24     (2) may result in the collection, in the aggregate, from 
160.25  the sources listed in paragraph (b), of an amount not less than 
160.26  $25 per ton of each pollutant not listed in clause (1) that is 
160.27  regulated under this chapter or air quality rules adopted under 
160.28  this chapter; and 
160.29     (3) shall collect, in the aggregate, from the sources 
160.30  listed in paragraph (b), the amount needed to match grant funds 
160.31  received by the state under United States Code, title 42, 
160.32  section 7405 (section 105 of the federal Clean Air Act). 
160.33  The agency must not include in the calculation of the aggregate 
160.34  amount to be collected under clauses (1) and (2) any amount in 
160.35  excess of 4,000 tons per year of each air pollutant from a 
160.36  source.  The increase in air permit fees to match federal grant 
161.1   funds shall be a surcharge on existing fees.  The commissioner 
161.2   may not collect the surcharge after the grant funds become 
161.3   unavailable.  In addition, the commissioner shall use nonfee 
161.4   funds to the extent practical to match the grant funds so that 
161.5   the fee surcharge is minimized. 
161.6      (d) To cover the reasonable costs described in paragraph 
161.7   (b), the agency shall provide in the rules promulgated under 
161.8   paragraph (c) for an increase in the fee collected in each year 
161.9   by the percentage, if any, by which the Consumer Price Index for 
161.10  the most recent calendar year ending before the beginning of the 
161.11  year the fee is collected exceeds the Consumer Price Index for 
161.12  the calendar year 1989.  For purposes of this paragraph the 
161.13  Consumer Price Index for any calendar year is the average of the 
161.14  Consumer Price Index for all-urban consumers published by the 
161.15  United States Department of Labor, as of the close of the 
161.16  12-month period ending on August 31 of each calendar year.  The 
161.17  revision of the Consumer Price Index that is most consistent 
161.18  with the Consumer Price Index for calendar year 1989 shall be 
161.19  used. 
161.20     (e) Any money collected under paragraphs (b) to (d) must be 
161.21  deposited in an air quality account in the environmental fund 
161.22  and must be used solely for the activities listed in paragraph 
161.23  (b).  
161.24     (f) Persons who wish to construct or expand a facility may 
161.25  offer to reimburse the agency for the costs of staff overtime or 
161.26  consultant services needed to expedite permit review.  The 
161.27  reimbursement shall be in addition to fees imposed by law or 
161.28  rule.  When the agency determines that it needs additional 
161.29  resources to review the permit application in an expedited 
161.30  manner, and that expediting the review would not disrupt 
161.31  permitting program priorities, the agency may accept the 
161.32  reimbursement.  Reimbursements accepted by the agency are 
161.33  appropriated to the agency for the purpose of reviewing the 
161.34  permit application.  Reimbursement by a permit applicant shall 
161.35  precede and not be contingent upon issuance of a permit and 
161.36  shall not affect the agency's decision on whether to issue or 
162.1   deny a permit, what conditions are included in a permit, or the 
162.2   application of state and federal statutes and rules governing 
162.3   permit determinations. 
162.4      (g) The fees under this subdivision are exempt from section 
162.5   16A.1285. 
162.6      Sec. 38.  Minnesota Statutes 2002, section 116.07, 
162.7   subdivision 4h, is amended to read: 
162.8      Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
162.9   shall adopt rules requiring the operator or owner of a solid 
162.10  waste disposal facility to submit to the agency proof of the 
162.11  operator's or owner's financial capability to provide reasonable 
162.12  and necessary response during the operating life of the facility 
162.13  and for 30 years after closure for a mixed municipal solid waste 
162.14  disposal facility or for a minimum of 20 years after closure, as 
162.15  determined by agency rules, for any other solid waste disposal 
162.16  facility, and to provide for the closure of the facility and 
162.17  postclosure care required under agency rules.  Proof of 
162.18  financial responsibility is required of the operator or owner of 
162.19  a facility receiving an original permit or a permit for 
162.20  expansion after adoption of the rules.  Within 180 days of the 
162.21  effective date of the rules or by July 1, 1987, whichever is 
162.22  later, proof of financial responsibility is required of an 
162.23  operator or owner of a facility with a remaining capacity of 
162.24  more than five years or 500,000 cubic yards that is in operation 
162.25  at the time the rules are adopted.  Compliance with the rules 
162.26  and the requirements of paragraph (b) is a condition of 
162.27  obtaining or retaining a permit to operate the facility. 
162.28     (b) A municipality, as defined in section 475.51, 
162.29  subdivision 2, including a sanitary district, that owns or 
162.30  operates a solid waste disposal facility that was in operation 
162.31  on May 15, 1989, may meet its financial responsibility for all 
162.32  or a portion of the contingency action portion of the reasonable 
162.33  and necessary response costs at the facility by pledging its 
162.34  full faith and credit to meet its responsibility. 
162.35     The pledge must be made in accordance with the requirements 
162.36  in chapter 475 for issuing bonds of the municipality, and the 
163.1   following additional requirements: 
163.2      (1) The governing body of the municipality shall enact an 
163.3   ordinance that clearly accepts responsibility for the costs of 
163.4   contingency action at the facility and that reserves, during the 
163.5   operating life of the facility and for the time period required 
163.6   in paragraph (a) after closure, a portion of the debt limit of 
163.7   the municipality, as established under section 475.53 or other 
163.8   law, that is equal to the total contingency action costs. 
163.9      (2) The municipality shall require that all collectors that 
163.10  haul to the facility implement a plan for reducing solid waste 
163.11  by using volume-based pricing, recycling incentives, or other 
163.12  means. 
163.13     (3) When a municipality opts to meet a portion of its 
163.14  financial responsibility by relying on its authority to issue 
163.15  bonds, it shall also begin setting aside in a dedicated 
163.16  long-term care trust fund money that will cover a portion of the 
163.17  potential contingency action costs at the facility, the amount 
163.18  to be determined by the agency for each facility based on at 
163.19  least the amount of waste deposited in the disposal facility 
163.20  each year, and the likelihood and potential timing of conditions 
163.21  arising at the facility that will necessitate response action.  
163.22  The agency may not require a municipality to set aside more than 
163.23  five percent of the total cost in a single year. 
163.24     (4) A municipality shall have and consistently maintain an 
163.25  investment grade bond rating as a condition of using bonding 
163.26  authority to meet financial responsibility under this section. 
163.27     (5) The municipality shall file with the commissioner of 
163.28  revenue its consent to have the amount of its contingency action 
163.29  costs deducted from state aid payments otherwise due the 
163.30  municipality and paid instead to the environmental response, 
163.31  compensation, and compliance account remediation fund created in 
163.32  section 115B.20 116.155, if the municipality fails to conduct 
163.33  the contingency action at the facility when ordered by the 
163.34  agency.  If the agency notifies the commissioner that the 
163.35  municipality has failed to conduct contingency action when 
163.36  ordered by the agency, the commissioner shall deduct the amounts 
164.1   indicated by the agency from the state aids in accordance with 
164.2   the consent filed with the commissioner. 
164.3      (6) The municipality shall file with the agency written 
164.4   proof that it has complied with the requirements of paragraph 
164.5   (b). 
164.6      (c) The method for proving financial responsibility under 
164.7   paragraph (b) may not be applied to a new solid waste disposal 
164.8   facility or to expansion of an existing facility, unless the 
164.9   expansion is a vertical expansion.  Vertical expansions of 
164.10  qualifying existing facilities cannot be permitted for a 
164.11  duration of longer than three years. 
164.12     Sec. 39.  [116.155] [REMEDIATION FUND.] 
164.13     Subdivision 1.  [CREATION.] The remediation fund is created 
164.14  as a special revenue fund in the state treasury to provide a 
164.15  reliable source of public money for response and corrective 
164.16  actions to address releases of hazardous substances, pollutants 
164.17  or contaminants, agricultural chemicals, and petroleum, and for 
164.18  environmental response actions at qualified landfill facilities 
164.19  for which the agency has assumed such responsibility, including 
164.20  perpetual care of such facilities.  The specific purposes for 
164.21  which the general portion of the fund may be spent are provided 
164.22  in subdivision 2.  In addition to the general portion of the 
164.23  fund, the fund contains two accounts described in subdivisions 4 
164.24  and 5. 
164.25     Subd. 2.  [APPROPRIATION.] (a) Money in the general portion 
164.26  of the remediation fund is appropriated to the agency and the 
164.27  commissioners of agriculture and natural resources for the 
164.28  following purposes: 
164.29     (1) to take actions related to releases of hazardous 
164.30  substances, or pollutants or contaminants as provided in section 
164.31  115B.20; 
164.32     (2) to take actions related to releases of hazardous 
164.33  substances, or pollutants or contaminants, at and from qualified 
164.34  landfill facilities as provided in section 115B.42, subdivision 
164.35  2; 
164.36     (3) to provide technical and other assistance under 
165.1   sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 
165.2   115C.03, subdivision 9; 
165.3      (4) for corrective actions to address incidents involving 
165.4   agricultural chemicals, including related administrative, 
165.5   enforcement, and cost recovery actions pursuant to chapter 18D; 
165.6   and 
165.7      (5) together with any amount approved for transfer to the 
165.8   agency from the petroleum tank fund by the commissioner of 
165.9   finance, to take actions related to releases of petroleum as 
165.10  provided under section 115C.08. 
165.11     (b) The commissioner of finance shall allocate the amounts 
165.12  available in any biennium to the agency, and the commissioners 
165.13  of agriculture and natural resources for the purposes provided 
165.14  in this subdivision based upon work plans submitted by the 
165.15  agency and the commissioners of agriculture and natural 
165.16  resources, and may adjust those allocations upon submittal of 
165.17  revised work plans.  Copies of the work plans shall be submitted 
165.18  to the chairs of the environment and environment finance 
165.19  committees of the senate and house of representatives. 
165.20     Subd. 3.  [REVENUES.] The following revenues shall be 
165.21  deposited in the general portion of the remediation fund: 
165.22     (1) response costs and natural resource damages related to 
165.23  releases of hazardous substances, or pollutants or contaminants, 
165.24  recovered under sections 115B.17, subdivisions 6 and 7, 
165.25  115B.443, 115B.444, or any other law; 
165.26     (2) money paid to the agency or the agriculture department 
165.27  by voluntary parties who have received technical or other 
165.28  assistance under sections 115B.17, subdivision 14, 115B.175 to 
165.29  115B.179, and 115C.03, subdivision 9; 
165.30     (3) money received in the form of gifts, grants, 
165.31  reimbursement, or appropriation from any source for any of the 
165.32  purposes provided in subdivision 2, except federal grants; and 
165.33     (4) interest accrued on the fund. 
165.34     Subd. 4.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
165.35  REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 
165.36  and reimbursement account is as described in sections 115B.47 to 
166.1   115B.51. 
166.2      Subd. 5.  [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 
166.3   ACCOUNT.] The metropolitan landfill contingency action trust 
166.4   account is as described in section 473.845. 
166.5      Subd. 6.  [OTHER SOURCES OF THE FUND.] The remediation fund 
166.6   shall also be supported by transfers as may be authorized by the 
166.7   legislature from time to time from the environmental fund. 
166.8      Sec. 40.  Minnesota Statutes 2002, section 116.994, is 
166.9   amended to read: 
166.10     116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 
166.11  ACCOUNT ACCOUNTING.] 
166.12     The small business environmental improvement loan account 
166.13  is established in the environmental fund.  Repayments of loans 
166.14  made under section 116.993 must be credited to this account the 
166.15  environmental fund.  This account replaces the small business 
166.16  environmental loan account in Minnesota Statutes 1996, section 
166.17  116.992, and the hazardous waste generator loan account in 
166.18  Minnesota Statutes 1996, section 115B.224.  The account balances 
166.19  and pending repayments from the small business environmental 
166.20  loan account and the hazardous waste generator account will be 
166.21  credited to this new account.  Money deposited in the account 
166.22  fund under section 116.993 is appropriated to the commissioner 
166.23  for loans under this section 116.993. 
166.24     Sec. 41.  Minnesota Statutes 2002, section 116C.834, 
166.25  subdivision 1, is amended to read: 
166.26     Subdivision 1.  [COSTS.] All costs incurred by the state to 
166.27  carry out its responsibilities under the compact and under 
166.28  sections 116C.833 to 116C.843 shall be paid by generators of 
166.29  low-level radioactive waste in this state through fees assessed 
166.30  by the pollution control agency.  Fees may be reasonably 
166.31  assessed on the basis of volume or degree of hazard of the waste 
166.32  produced by a generator.  Costs for which fees may be assessed 
166.33  include, but are not limited to:  
166.34     (1) the state contribution required to join the compact; 
166.35     (2) the expenses of the Commission member and state agency 
166.36  costs incurred to support the work of the Interstate Commission; 
167.1   and 
167.2      (3) regulatory costs. 
167.3      The fees are exempt from section 16A.1285.  
167.4      Sec. 42.  Minnesota Statutes 2002, section 297H.13, 
167.5   subdivision 1, is amended to read: 
167.6      Subdivision 1.  [DEPOSIT OF REVENUES.] The revenues derived 
167.7   from the taxes imposed on waste management services under this 
167.8   chapter, less the costs to the department of revenue for 
167.9   administering the tax under this chapter, shall be deposited by 
167.10  the commissioner of revenue in the state treasury. 
167.11     The amounts retained by the department of revenue shall be 
167.12  deposited in a separate revenue department fund which is hereby 
167.13  created.  Money in this fund is hereby appropriated, up to a 
167.14  maximum annual amount of $200,000, to the commissioner of 
167.15  revenue for the costs incurred in administration of the solid 
167.16  waste management tax under this chapter. 
167.17     Sec. 43.  Minnesota Statutes 2002, section 297H.13, 
167.18  subdivision 2, is amended to read: 
167.19     Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
167.20  percent, whichever is greater, of the amounts remitted under 
167.21  this chapter must be credited to the solid waste environmental 
167.22  fund established in section 115B.42 16A.531, subdivision 1. 
167.23     (b) The remainder must be deposited into the general fund. 
167.24     Sec. 44.  Minnesota Statutes 2002, section 325E.10, 
167.25  subdivision 1, is amended to read: 
167.26     Subdivision 1.  [SCOPE.] For the purposes of sections 
167.27  325E.11 to 325E.113 325E.112 and this section, the terms defined 
167.28  in this section have the meanings given them. 
167.29     Sec. 45.  Minnesota Statutes 2002, section 469.175, 
167.30  subdivision 7, is amended to read: 
167.31     Subd. 7.  [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 
167.32  RESPONSE ACTIONS.] (a) An authority which is creating or has 
167.33  created a tax increment financing district may establish within 
167.34  the district a hazardous substance subdistrict upon the notice 
167.35  and after the discussion, public hearing, and findings required 
167.36  for approval of or modification to the original plan.  The 
168.1   geographic area of the subdistrict is made up of any parcels in 
168.2   the district designated for inclusion by the municipality or 
168.3   authority that are designated hazardous substance sites, and any 
168.4   additional parcels in the district designated for inclusion that 
168.5   are contiguous to the hazardous substance sites, including 
168.6   parcels that are contiguous to the site except for the 
168.7   interposition of a right-of-way.  Before or at the time of 
168.8   approval of the tax increment financing plan or plan 
168.9   modification providing for the creation of the hazardous 
168.10  substance subdistrict, the authority must make the findings 
168.11  under paragraphs (b) to (d), and set forth in writing the 
168.12  reasons and supporting facts for each. 
168.13     (b) Development or redevelopment of the site, in the 
168.14  opinion of the authority, would not reasonably be expected to 
168.15  occur solely through private investment and tax increment 
168.16  otherwise available, and therefore the hazardous substance 
168.17  district is deemed necessary. 
168.18     (c) Other parcels that are not designated hazardous 
168.19  substance sites are expected to be developed together with a 
168.20  designated hazardous substance site.  
168.21     (d) The subdistrict is not larger than, and the period of 
168.22  time during which increments are elected to be received is not 
168.23  longer than, that which is necessary in the opinion of the 
168.24  authority to provide for the additional costs due to the 
168.25  designated hazardous substance site. 
168.26     (e) Upon request by an authority that has incurred expenses 
168.27  for removal or remedial actions to implement a development 
168.28  response action plan, the attorney general may: 
168.29     (1) bring a civil action on behalf of the authority to 
168.30  recover the expenses, including administrative costs and 
168.31  litigation expenses, under section 115B.04 or other law; or 
168.32     (2) assist the authority in bringing an action as described 
168.33  in clause (1), by providing legal and technical advice, 
168.34  intervening in the action, or other appropriate assistance. 
168.35  The decision to participate in any action to recover expenses is 
168.36  at the discretion of the attorney general. 
169.1      (f) If the attorney general brings an action as provided in 
169.2   paragraph (e), clause (1), the authority shall certify its 
169.3   reasonable and necessary expenses incurred to implement the 
169.4   development response action plan and shall cooperate with the 
169.5   attorney general as required to effectively pursue the action.  
169.6   The certification by the authority is prima facie evidence that 
169.7   the expenses are reasonable and necessary.  The attorney general 
169.8   may deduct litigation expenses incurred by the attorney general 
169.9   from any amounts recovered in an action brought under paragraph 
169.10  (e), clause (1).  The authority shall reimburse the attorney 
169.11  general for litigation expenses not recovered in an action under 
169.12  paragraph (e), clause (1), but only from the additional tax 
169.13  increment required to be used as described in section 469.176, 
169.14  subdivision 4e.  The authority must reimburse the attorney 
169.15  general for litigation expenses incurred to assist in bringing 
169.16  an action under paragraph (e), clause (2), but only from amounts 
169.17  recovered by the authority in an action or, if the amounts are 
169.18  insufficient, from the additional tax increment required to be 
169.19  used as described in section 469.176, subdivision 4e.  All money 
169.20  recovered or paid to the attorney general for litigation 
169.21  expenses under this paragraph shall be paid to the general fund 
169.22  of the state for deposit to the account of the attorney 
169.23  general.  For the purposes of this section, "litigation 
169.24  expenses" means attorney fees and costs of discovery and other 
169.25  preparation for litigation. 
169.26     (g) The authority shall reimburse the pollution control 
169.27  agency for its administrative expenses incurred to review and 
169.28  approve a development action response plan.  The authority must 
169.29  reimburse the pollution control agency for expenses incurred for 
169.30  any services rendered to the attorney general to support the 
169.31  attorney general in actions brought or assistance provided under 
169.32  paragraph (e), but only from amounts recovered by the authority 
169.33  in an action brought under paragraph (e) or from the additional 
169.34  tax increment required to be used as described in section 
169.35  469.176, subdivision 4e.  All money paid to the pollution 
169.36  control agency under this paragraph shall be deposited in the 
170.1   environmental response, compensation and compliance remediation 
170.2   fund. 
170.3      (h) Actions taken by an authority consistent with a 
170.4   development response action plan are deemed to be authorized 
170.5   response actions for the purpose of section 115B.17, subdivision 
170.6   12.  An authority that takes actions consistent with a 
170.7   development response action plan qualifies for the defenses 
170.8   available under sections 115B.04, subdivision 11, and 115B.05, 
170.9   subdivision 9. 
170.10     (i) All money recovered by an authority in an action 
170.11  brought under paragraph (e) in excess of the amounts paid to the 
170.12  attorney general and the pollution control agency must be 
170.13  treated as excess increments and be distributed as provided in 
170.14  section 469.176, subdivision 2, clause (4), to the extent the 
170.15  removal and remedial actions were initially financed with 
170.16  increment revenues. 
170.17     Sec. 46.  Minnesota Statutes 2002, section 473.843, 
170.18  subdivision 2, is amended to read: 
170.19     Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
170.20  the department of revenue for costs incurred in administering 
170.21  this section, The proceeds of the fees imposed under this 
170.22  section, including interest and penalties, must be deposited as 
170.23  follows:  
170.24     (1) three-fourths of the proceeds must be deposited in the 
170.25  environmental fund for metropolitan landfill abatement account 
170.26  established for the purposes described in section 473.844; and 
170.27     (2) one-fourth of the proceeds must be deposited in the 
170.28  metropolitan landfill contingency action trust account in the 
170.29  remediation fund established in section sections 116.155 and 
170.30  473.845. 
170.31     Sec. 47.  Minnesota Statutes 2002, section 473.844, 
170.32  subdivision 1, is amended to read: 
170.33     Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The metropolitan 
170.34  landfill abatement account is money in the environmental fund in 
170.35  order for landfill abatement must be used to reduce to the 
170.36  greatest extent feasible and prudent the need for and practice 
171.1   of land disposal of mixed municipal solid waste in the 
171.2   metropolitan area.  The account This money consists of revenue 
171.3   deposited in the account environmental fund under section 
171.4   473.843, subdivision 2, clause (1), and interest earned on 
171.5   investment of this money in the account.  All repayments to 
171.6   loans made under this section must be credited to the 
171.7   account environmental fund.  The landfill abatement money in the 
171.8   account environmental fund may be spent only for purposes of 
171.9   metropolitan landfill abatement as provided in subdivision 1a 
171.10  and only upon appropriation by the legislature. 
171.11     Sec. 48.  Minnesota Statutes 2002, section 473.845, 
171.12  subdivision 1, is amended to read: 
171.13     Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
171.14  contingency action trust fund account is an expendable trust 
171.15  fund account in the state treasury remediation fund.  The fund 
171.16  account consists of revenue deposited in the fund under section 
171.17  473.843, subdivision 2, clause (2); amounts recovered under 
171.18  subdivision 7; and interest earned on investment of money in the 
171.19  fund.  
171.20     Sec. 49.  Minnesota Statutes 2002, section 473.845, 
171.21  subdivision 3, is amended to read: 
171.22     Subd. 3.  [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS 
171.23  AND REIMBURSEMENT.] Money in the fund account is appropriated to 
171.24  the agency for expenditure for any of the following: 
171.25     (1) to take reasonable and necessary expenses actions for 
171.26  closure and postclosure care of a mixed municipal solid waste 
171.27  disposal facility in the metropolitan area for a 30-year period 
171.28  after closure, if the agency determines that the operator or 
171.29  owner will not take the necessary actions requested by the 
171.30  agency for closure and postclosure in the manner and within the 
171.31  time requested; 
171.32     (2) to take reasonable and necessary response actions and 
171.33  postclosure costs care actions at a mixed municipal solid waste 
171.34  disposal facility in the metropolitan area that has been closed 
171.35  for 30 years in compliance with the closure and postclosure 
171.36  rules of the agency; 
172.1      (3) reimbursement to reimburse a local government unit for 
172.2   costs incurred over $400,000 under a work plan approved by the 
172.3   commissioner of the agency to remediate methane at a closed 
172.4   disposal facility owned by the local government unit; or 
172.5      (4) reasonable and necessary response costs at an 
172.6   unpermitted facility for mixed municipal solid waste disposal in 
172.7   the metropolitan area that was permitted by the agency for 
172.8   disposal of sludge ash from a wastewater treatment facility. 
172.9      Sec. 50.  Minnesota Statutes 2002, section 473.845, 
172.10  subdivision 7, is amended to read: 
172.11     Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
172.12  expenses for response actions at a facility, the agency is 
172.13  subrogated to any right of action which the operator or owner of 
172.14  the facility may have against any other person for the recovery 
172.15  of the expenses.  The attorney general may bring an action to 
172.16  recover amounts spent by the agency under this section from 
172.17  persons who may be liable for them.  Amounts recovered, 
172.18  including money paid under any agreement, stipulation, or 
172.19  settlement must be deposited in the metropolitan landfill 
172.20  contingency action account in the remediation fund created under 
172.21  section 116.155.  
172.22     Sec. 51.  Minnesota Statutes 2002, section 473.845, 
172.23  subdivision 8, is amended to read: 
172.24     Subd. 8.  [CIVIL PENALTIES.] The civil penalties of 
172.25  sections 115.071 and 116.072 apply to any person in violation of 
172.26  this section.  All money recovered by the state under any 
172.27  statute or rule related to the regulation of solid waste in the 
172.28  metropolitan area, including civil penalties and money paid 
172.29  under any agreement, stipulation, or settlement, shall be 
172.30  deposited in the fund.  
172.31     Sec. 52.  Minnesota Statutes 2002, section 473.846, is 
172.32  amended to read: 
172.33     473.846 [REPORT TO LEGISLATURE.] 
172.34     The agency and the director shall submit to the senate 
172.35  finance committee, the house ways and means committee, and the 
172.36  environment and natural resources committees of the senate and 
173.1   house of representatives, the finance division of the senate 
173.2   committee on environment and natural resources, and the house of 
173.3   representatives committee on environment and natural resources 
173.4   finance separate reports describing the activities for which 
173.5   money from the for landfill abatement account and contingency 
173.6   action trust fund has been spent under sections 473.844 and 
173.7   473.845.  The agency shall report by November 1 of each year on 
173.8   expenditures during its previous fiscal year.  The director 
173.9   shall report on expenditures during the previous calendar year 
173.10  and must incorporate its report in the report required by 
173.11  section 115A.411, due July 1 of each odd-numbered year.  The 
173.12  director shall make recommendations to the environment and 
173.13  natural resources committees of the senate and house of 
173.14  representatives, the finance division of the senate committee on 
173.15  environment and natural resources, and the house of 
173.16  representatives committee on environment and natural resources 
173.17  finance on the future management and use of the metropolitan 
173.18  landfill abatement account. 
173.19     Sec. 53.  [INCREASE TO HAZARDOUS WASTE FEES.] 
173.20     (a) The pollution control agency shall collect hazardous 
173.21  waste fees that reflect the fee formula in Minnesota Rules, part 
173.22  7046.0060, increased by an addition of $2,000,000 to the 
173.23  adjusted fiscal year target described in Step 2 of Minnesota 
173.24  Rules, part 7046.0060. 
173.25     (b) The increased fees are effective January 1, 2004.  The 
173.26  agency shall adopt an amended hazardous waste fee formula 
173.27  incorporating the increase in paragraph (a) under Minnesota 
173.28  Statutes, section 14.389.  The pollution control agency shall 
173.29  begin collecting the increased permit fees on January 1, 2004, 
173.30  even if the rule adoption process has not been initiated or 
173.31  completed.  Notwithstanding Minnesota Statutes, section 14.18, 
173.32  subdivision 2, the increased fees reflecting the fee increases 
173.33  in paragraph (a) and the rule amendments incorporating those 
173.34  permit fee increases do not require further legislative approval.
173.35     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
173.36  following final enactment. 
174.1      Sec. 54.  [TRANSFER OF FUND BALANCES.] 
174.2      Subdivision 1.  [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
174.3   COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 
174.4   response, compensation, and compliance account are transferred 
174.5   to the remediation fund created under Minnesota Statutes, 
174.6   section 116.155. 
174.7      Subd. 2.  [SOLID WASTE FUND.] $22,641,000 of the balance of 
174.8   the solid waste fund is transferred to the environmental fund 
174.9   created in Minnesota Statutes, section 16A.531, subdivision 1.  
174.10  Any remaining balance in the solid waste fund is transferred to 
174.11  the remediation fund created under Minnesota Statutes, section 
174.12  116.155. 
174.13     Subd. 3.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
174.14  REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 
174.15  environmental response and reimbursement account are transferred 
174.16  to the dry cleaner environmental response and reimbursement 
174.17  account in the remediation fund created under Minnesota 
174.18  Statutes, sections 115B.49 and 116.155. 
174.19     Subd. 4.  [METROPOLITAN LANDFILL CONTINGENCY ACTION 
174.20  FUND.] All amounts remaining in the metropolitan landfill 
174.21  contingency action fund are transferred to the metropolitan 
174.22  landfill contingency action trust account in the remediation 
174.23  fund created under Minnesota Statutes, sections 116.155 and 
174.24  473.845. 
174.25     Sec. 55.  [REPEALER.] 
174.26     Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 
174.27  115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; and 
174.28  473.845, subdivision 4, are repealed. 
174.29                             ARTICLE 3
174.30             PLANT PROTECTION AND EXPORT CERTIFICATION 
174.31     Section 1.  [18G.01] [PLANT PROTECTION; POWERS OF 
174.32  COMMISSIONER OF AGRICULTURE.] 
174.33     (a) This chapter authorizes the commissioner to abate, 
174.34  suppress, eradicate, prevent, or otherwise regulate the 
174.35  introduction or establishment of plant pests that threaten 
174.36  Minnesota's agricultural, forest, or horticultural interests or 
175.1   the general ecological quality of the state. 
175.2      (b) The commissioner may employ entomologists, plant 
175.3   pathologists, and other qualified employees necessary to 
175.4   administer and enforce this chapter. 
175.5      Sec. 2.  [18G.02] [DEFINITIONS.] 
175.6      Subdivision 1.  [SCOPE.] The definitions in this section 
175.7   apply to this chapter. 
175.8      Subd. 2.  [BIOLOGICAL CONTROL AGENT.] "Biological control 
175.9   agent" means a parasite, predator, pathogen, or competitive 
175.10  organism intentionally released by humans for the purpose of 
175.11  biological control with the intent of causing a reduction of a 
175.12  host or prey population. 
175.13     Subd. 3.  [CERTIFICATE.] "Certificate" means a document 
175.14  authorized or prepared by a federal or state regulatory official 
175.15  that affirms, declares, or verifies that an article, plant, 
175.16  product, shipment, or other officially regulated item meets 
175.17  phytosanitary, nursery inspection, pest freedom, plant 
175.18  registration or certification, or other legal requirements. 
175.19     Subd. 4.  [CERTIFICATION.] "Certification" means a 
175.20  regulatory official's act of affirming, declaring, or verifying 
175.21  compliance with phytosanitary, nursery inspection, pest freedom, 
175.22  plant registration or certification, or other legal requirements.
175.23     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
175.24  commissioner of agriculture or the commissioner's designated 
175.25  employee, representative, or agent. 
175.26     Subd. 6.  [COMPLIANCE AGREEMENT.] "Compliance agreement" 
175.27  means a written agreement between a person and a regulatory 
175.28  agency to achieve compliance with regulatory requirements. 
175.29     Subd. 7.  [CONVEYANCE.] "Conveyance" is a means of 
175.30  transportation. 
175.31     Subd. 8.  [DEPARTMENT.] "Department" means the department 
175.32  of agriculture. 
175.33     Subd. 9.  [EMERGENCY REGULATION.] "Emergency regulation" 
175.34  means a regulation placed in effect by the commissioner without 
175.35  prior public notice in order to take necessary and immediate 
175.36  regulatory action. 
176.1      Subd. 10.  [ERADICATION.] "Eradication" means elimination 
176.2   of a pest from a defined geographic area.  
176.3      Subd. 11.  [EXOTIC SPECIES.] "Exotic species" means a 
176.4   species that is not native to the area.  Exotic species also 
176.5   means a species occurring outside its natural range. 
176.6      Subd. 12.  [HARMFUL PLANT PEST.] "Harmful plant pest" means 
176.7   a plant pest that constitutes a significant threat to the 
176.8   agricultural, forest, or horticultural interests of Minnesota or 
176.9   the general environmental quality of the state. 
176.10     Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
176.11     (1) contaminated with pathogenic microorganisms; 
176.12     (2) being parasitized; 
176.13     (3) a host or carrier of an infectious, transmissible, or 
176.14  contagious pest; or 
176.15     (4) so exposed to a plant listed in clause (1), (2), or (3) 
176.16  that one of those conditions can reasonably be expected to exist 
176.17  and the plant may also pose a risk of contamination to other 
176.18  plants or the environment. 
176.19     Subd. 14.  [INFESTED.] "Infested" means a plant has been 
176.20  overrun by plant pests, including weeds. 
176.21     Subd. 15.  [INVASIVE SPECIES.] "Invasive species" means an 
176.22  exotic or nonnative species whose introduction and establishment 
176.23  causes, or may cause, economic or environmental harm or harm to 
176.24  human health. 
176.25     Subd. 16.  [MARK.] "Mark" means an official indicator 
176.26  affixed by the commissioner for purposes of identification or 
176.27  separation, to, on, around, or near, plants or plant material 
176.28  known or suspected to be infected with a plant pest.  This 
176.29  includes, but is not limited to, paint, markers, tags, seals, 
176.30  stickers, tape, ribbons, signs, or placards. 
176.31     Subd. 17.  [NURSERY STOCK.] "Nursery stock" means a plant 
176.32  intended for planting or propagation, including, but not limited 
176.33  to, trees, shrubs, vines, perennials, biennials, grafts, 
176.34  cuttings, and buds that may be sold for propagation, whether 
176.35  cultivated or wild, and all viable parts of these plants.  
176.36  Nursery stock does not include: 
177.1      (1) field and forage crops; 
177.2      (2) the seeds of grasses, cereal grains, vegetable crops, 
177.3   and flowers; 
177.4      (3) vegetable plants, bulbs, or tubers; 
177.5      (4) cut flowers, unless stems or other portions are 
177.6   intended for propagation; 
177.7      (5) annuals; or 
177.8      (6) Christmas trees. 
177.9      Subd. 18.  [OWNER.] "Owner" includes, but is not limited 
177.10  to, the person with the legal right of possession, 
177.11  proprietorship of, or responsibility for the property or place 
177.12  where any of the articles regulated in this chapter are found, 
177.13  or the person who is in possession of, proprietorship of, or has 
177.14  responsibility for the regulated articles. 
177.15     Subd. 19.  [PERMIT.] "Permit" means a document issued by a 
177.16  regulatory official that allows the movement of any regulated 
177.17  item from one location to another in accordance with specified 
177.18  conditions or requirements and for a specified purpose. 
177.19     Subd. 20.  [PERSON.] "Person" means an individual, firm, 
177.20  corporation, partnership, association, trust, joint stock 
177.21  company, or unincorporated organization; the state; a state 
177.22  agency; or a political subdivision. 
177.23     Subd. 21.  [PEST.] "Pest" means any living agent capable of 
177.24  reproducing itself that causes or may potentially cause harm to 
177.25  plants or other biotic organisms. 
177.26     Subd. 22.  [PHYTOSANITARY CERTIFICATE OR EXPORT 
177.27  CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
177.28  means a document authorized or prepared by a duly authorized 
177.29  federal or state official that affirms, declares, or verifies 
177.30  that an article, nursery stock, plant, plant product, shipment, 
177.31  or any other officially regulated article meets applicable, 
177.32  legally established, plant pest regulations, including this 
177.33  chapter. 
177.34     Subd. 23.  [PLANT.] "Plant" means a plant, plant product, 
177.35  plant part, or reproductive or propagative part of a plant, 
177.36  plant product, or plant part, including all growing media, 
178.1   packing material, or containers associated with the plant, plant 
178.2   part, or plant product. 
178.3      Subd. 24.  [PLANT PEST.] "Plant pest" includes, but is not 
178.4   limited to, an invasive species or any pest of plants, 
178.5   agricultural commodities, horticultural products, nursery stock, 
178.6   or noncultivated plants by organisms such as insects, snails, 
178.7   nematodes, fungi, viruses, bacterium, microorganisms, 
178.8   mycoplasma-like organisms, weeds, plants, and parasitic plants. 
178.9      Subd. 25.  [PRECLEARANCE.] "Preclearance" means an 
178.10  agreement between quarantine officials of exporting and 
178.11  importing states to pass plants, plant material, or other items 
178.12  through quarantine by allowing the exporting state to inspect 
178.13  the plants preshipment, rather than the importing state 
178.14  inspecting the shipment upon arrival. 
178.15     Subd. 26.  [PUBLIC NUISANCE.] "Public nuisance" means: 
178.16     (1) a plant, appliance, conveyance, or article that is 
178.17  infested with plant pests that may cause significant damage or 
178.18  harm; or 
178.19     (2) premises where a plant pest is found. 
178.20     Subd. 27.  [QUARANTINE.] "Quarantine" means an enforced 
178.21  isolation or restriction of free movement of plants, plant 
178.22  material, animals, animal products, or any article or material 
178.23  in order to treat, control, or eradicate a plant pest. 
178.24     Subd. 28.  [REGULATED ARTICLE.] "Regulated article" means 
178.25  any item, the movement of which is governed by quarantine or 
178.26  this chapter. 
178.27     Subd. 29.  [REGULATED NONQUARANTINE PEST.] "Regulated 
178.28  nonquarantine pest" means a plant pest that has not been 
178.29  quarantined by state or federal agencies and whose presence in 
178.30  plants or articles may pose an unacceptable risk to nursery 
178.31  stock, other plants, the environment, or human activities. 
178.32     Subd. 30.  [SIGNIFICANT DAMAGE OR HARM.] "Significant 
178.33  damage" or "harm" means a level of adverse impact that results 
178.34  in economic damage, injury, or loss that exceeds the cost of 
178.35  control for a particular crop. 
178.36     Sec. 3.  [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 
179.1      Subdivision 1.  [ENTRY AND INSPECTION.] (a) The 
179.2   commissioner may enter and inspect a public or private place 
179.3   that might harbor plant pests and may require that the owner 
179.4   destroy or treat plant pests, plants, or other material. 
179.5      (b) If the owner fails to properly comply with a directive 
179.6   of the commissioner, the commissioner may have any necessary 
179.7   work done at the owner's expense.  The commissioner shall notify 
179.8   the owner of the deadline for paying those expenses.  If the 
179.9   owner does not reimburse the commissioner for an expense within 
179.10  a time specified by the commissioner, the expense is a charge 
179.11  upon the county as provided in subdivision 4. 
179.12     (c) If a dangerous plant pest infestation or infection 
179.13  threatens plants of an area in the state, the commissioner may 
179.14  take any measures necessary to eliminate or alleviate the danger.
179.15     (d) The commissioner may collect fees required by this 
179.16  chapter. 
179.17     (e) The commissioner may issue and enforce a written or 
179.18  printed "stop-sale" order to the owner or custodian of any 
179.19  plants or articles infested or infected with dangerously 
179.20  injurious plant pests. 
179.21     Subd. 2.  [RULES.] The commissioner may adopt rules to 
179.22  carry out the purposes of this chapter.  
179.23     Subd. 3.  [QUARANTINE.] The commissioner may impose a 
179.24  quarantine to restrict or prohibit the transportation or 
179.25  distribution of plants or other materials capable of carrying 
179.26  plant pests into or through any part of this state. 
179.27     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
179.28  OWNER.] If the commissioner incurs an expense in conjunction 
179.29  with carrying out subdivision 1 and is not reimbursed by the 
179.30  owner of the land, the expense is a legal charge against the 
179.31  land.  After the expense is incurred, the commissioner shall 
179.32  file verified and itemized statements of the cost of all 
179.33  services rendered with the county auditor of the county in which 
179.34  the land is located.  The county auditor shall place a lien in 
179.35  favor of the commissioner against the land involved, which must 
179.36  be certified by the county auditor and collected according to 
180.1   section 429.101. 
180.2      Sec. 4.  [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 
180.3   NUISANCES; ISSUING CONTROL ORDERS.] 
180.4      Subdivision 1.  [PUBLIC NUISANCE.] Any premises, plant, 
180.5   appliance, conveyance, or article that is infected or infested 
180.6   with plant pests that may cause significant damage or harm and 
180.7   any premises where any plant pest is found is a public nuisance 
180.8   and must be prosecuted as a public nuisance in all actions and 
180.9   proceedings.  All legal remedies for the prevention and 
180.10  abatement of a nuisance apply to a public nuisance under this 
180.11  section.  It is unlawful for any person to maintain a public 
180.12  nuisance. 
180.13     Subd. 2.  [CONTROL ORDER.] In order to prevent the 
180.14  introduction or spread of harmful or dangerous plant pests, the 
180.15  commissioner may issue orders for necessary control measures. 
180.16  These orders may indicate the type of specific control to be 
180.17  used, the compound or material, the manner or the time of 
180.18  application, and who is responsible for carrying out the control 
180.19  order.  Control orders may include directions to control or 
180.20  abate the plant pest to an acceptable level; eradicate the plant 
180.21  pest; restrict the movement of the plant pest or any material, 
180.22  article, appliance, plant, or means of conveyance suspected to 
180.23  be carrying the plant pest; or destroy plants or plant products 
180.24  infested or infected with a plant pest.  Material suspected of 
180.25  being infested or infected with a plant pest may be confiscated 
180.26  by the commissioner. 
180.27     Sec. 5.  [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 
180.28  MARKING OF INFESTED OR INFECTED ARTICLES.] 
180.29     Upon knowledge of the existence of a dangerous or injurious 
180.30  plant pest or invasive species within the state, the 
180.31  commissioner may conspicuously mark all plants, infested areas, 
180.32  materials, and articles known or suspected to be infected or 
180.33  infested with the plant pest or invasive species.  Persons, 
180.34  owners, or tenants in possession of the premises or area in 
180.35  which the existence of the plant pest or invasive species is 
180.36  suspected must be notified by the commissioner with prescribed 
181.1   control measures.  A person must comply with the commissioner's 
181.2   control order within the prescribed time.  If the commissioner 
181.3   determines that satisfactory control or mitigation of the pest 
181.4   has been achieved, the order must be released. 
181.5      Sec. 6.  [18G.06] [ESTABLISHMENT OF QUARANTINE 
181.6   RESTRICTIONS.] 
181.7      Subdivision 1.  [SCOPE.] The commissioner may impose a 
181.8   quarantine restricting or regulating the production, movement, 
181.9   or existence of plants, plant products, agricultural 
181.10  commodities, crop seed, farm products, or other articles or 
181.11  materials in order that the introduction or spread of a plant 
181.12  pest may be prevented or limited or an existing plant pest may 
181.13  be controlled or eradicated. 
181.14     Subd. 2.  [QUARANTINE NOTICE.] (a) The commissioner may 
181.15  issue orders to take prompt regulatory action in plant pest 
181.16  emergencies on regulated articles.  If continuing quarantine 
181.17  action is required, a formal quarantine may be imposed.  Orders 
181.18  may be issued to retain necessary quarantine action on a few 
181.19  properties if eradication treatments have been applied and 
181.20  continuing quarantine action is no longer necessary for the 
181.21  majority of the regulated area. 
181.22     (b) The commissioner may place an emergency regulation or 
181.23  quarantine in effect without prior public notice in order to 
181.24  take immediate regulatory action to prevent the introduction or 
181.25  establishment of a plant pest. 
181.26     (c) The commissioner may enter into cooperative agreements 
181.27  with the United States Department of Agriculture and other 
181.28  federal, state, city, or county agencies to assist in the 
181.29  enforcement of federal quarantines.  The commissioner may adopt 
181.30  a quarantine or regulation against a pest or an area not covered 
181.31  by a federal quarantine.  The commissioner may seize, destroy, 
181.32  or require treatment of products moved from a federally 
181.33  regulated area if they were not moved in accordance with the 
181.34  federal quarantine regulations or, if certified, they were found 
181.35  to be infested with the pest organism. 
181.36     (d) The commissioner may impose a quarantine against a 
182.1   plant pest that is not quarantined in other states to prevent 
182.2   the spread of the plant pest within this state.  The 
182.3   commissioner may enact a quarantine against a plant pest of 
182.4   regional or national significance even when no federal domestic 
182.5   quarantine has been adopted.  These quarantines regulate 
182.6   intrastate movement between quarantined and nonquarantined areas 
182.7   of this state.  The commissioner may enact a parallel state 
182.8   quarantine if there is a federal quarantine applied to a portion 
182.9   of the state. 
182.10     (e) The commissioner may impose a state exterior quarantine 
182.11  if the plant pest is not established in this state but is 
182.12  established in other states.  State exterior quarantines may be 
182.13  enacted even if no federal domestic quarantine has been 
182.14  adopted.  The commissioner may issue control orders at 
182.15  destinations necessary to prevent the introduction or spread of 
182.16  plant pests. 
182.17     Subd. 3.  [DESCRIPTION OF REGULATED AREAS.] (a) The 
182.18  regulated area to be described in a quarantine may involve the 
182.19  entire state, portions of the state, or certain names and 
182.20  locations of infested properties. 
182.21     (b) Regulated quarantine areas may be subdivided into 
182.22  suppression areas and generally infested areas if it is 
182.23  desirable to control movement into suppression areas from 
182.24  generally infested areas. 
182.25     (c) Quarantine provisions or areas regulated may be amended 
182.26  by the commissioner through publication of a notice to that 
182.27  effect in local newspapers or through direct written notice to 
182.28  affected property owners. 
182.29     (d) If an infestation in a specific regulated area has been 
182.30  eliminated to the extent that movement of the regulated articles 
182.31  no longer present a pest risk, the quarantine in that area may 
182.32  be removed.  The commissioner may also exempt areas from 
182.33  specified requirements until eradication has been achieved. 
182.34     Subd. 4.  [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 
182.35  article may be refused entry into this state if it is prohibited 
182.36  or is required to be certified and comes from an area regulated 
183.1   by a state or federal quarantine.  The owner or carrier of 
183.2   regulated articles that are reportedly originating in 
183.3   nonregulated areas of a quarantined state must provide proof of 
183.4   origin of the regulated articles.  An invoice, waybill, or other 
183.5   shipping document satisfactory to the receiving state regulatory 
183.6   official is acceptable as proof of origin. 
183.7      (b) Certificates or permits are required for the movement 
183.8   of regulated articles from a regulated area to any point outside 
183.9   the regulated area.  Certificates or permits are not required 
183.10  for a regulated article originating outside of a regulated area 
183.11  moving to another nonregulated area or moving through or 
183.12  reshipped from a regulated area when the point of origin of the 
183.13  article is clearly indicated on a waybill, bill of lading, 
183.14  shipper's invoice, or other similar document accompanying the 
183.15  shipment.  Shipments moving through or being reshipped from a 
183.16  regulated area must be safeguarded against infestation while 
183.17  within the regulated area. 
183.18     Subd. 5.  [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 
183.19  EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 
183.20  the commissioner may declare an emergency quarantine or enact 
183.21  emergency orders. 
183.22     (b) If circumstances permit, public notice and a public 
183.23  hearing must be held to solicit comments regarding the proposed 
183.24  state quarantine.  If a pest threat is of imminent concern and 
183.25  there is insufficient time to allow full public comment on the 
183.26  proposed quarantine, the commissioner may impose an emergency 
183.27  quarantine until a state quarantine can be implemented. 
183.28     (c) Upon establishment of a state quarantine, and upon 
183.29  institution of modifications or repeal, notices must be sent to 
183.30  the principal parties of interest, including federal and state 
183.31  authorities, and to organizations representing the public 
183.32  involved in the restrictive measures. 
183.33     Subd. 6.  [QUARANTINE REPEAL.] A quarantine may be repealed 
183.34  when its purpose has been accomplished.  If a quarantine has 
183.35  attained its objective or if the progress of events has clearly 
183.36  proved that attainment is not possible by the restrictions 
184.1   adopted, a quarantine may be modified or repealed. 
184.2      Sec. 7.  [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 
184.3   REGISTRY.] 
184.4      Subdivision 1. [CREATION OF REGISTRY.] The commissioner 
184.5   shall maintain a list of all persons and companies that provide 
184.6   tree care or tree trimming services in Minnesota.  All tree care 
184.7   providers, tree trimmers, and persons who remove trees, limbs, 
184.8   branches, brush, or shrubs for hire must provide the following 
184.9   information to the commissioner: 
184.10     (1) accurate and up-to-date business name, address, and 
184.11  telephone number; 
184.12     (2) a complete list of all Minnesota counties in which they 
184.13  work; and 
184.14     (3) a complete list of persons in the business who are 
184.15  certified by the International Society of Arborists. 
184.16     Subd. 2.  [INFORMATION DISSEMINATION.] The commissioner 
184.17  shall provide registered tree care companies with information 
184.18  and data regarding any existing or potential regulated forest 
184.19  pest infestations within the state. 
184.20     Sec. 8.  [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 
184.21  CONTROL AGENTS.] 
184.22     Shipment, introduction into, or release in Minnesota of (1) 
184.23  a plant pest, noxious weed, or other organism that may directly 
184.24  or indirectly affect Minnesota's plant life as a harmful or 
184.25  dangerous pest, parasite, or predator of other organisms, or (2) 
184.26  an arthropod, is prohibited, except under permit issued by the 
184.27  commissioner. 
184.28     No person may sell, offer for sale, move, convey, 
184.29  transport, deliver, ship, or offer for shipment any plant pest, 
184.30  or biological control agent without a permit from the United 
184.31  States Department of Agriculture, Animal and Plant Health 
184.32  Inspection Service or its state equivalent.  A permit may be 
184.33  issued only after the commissioner determines that the proposed 
184.34  shipment or use will not create a hazard to the agricultural, 
184.35  forest, or horticultural interests of this state or the state's 
184.36  general environmental quality.  For interstate movement, the 
185.1   permit must be affixed conspicuously to the exterior of each 
185.2   shipping container, box, package, or appliance; accompany each 
185.3   shipping container, box, package, or appliance; or comply with 
185.4   other directions of the commissioner.  This section does not 
185.5   apply to intrastate shipments of federal or state approved 
185.6   biological control agents used in this state for control of 
185.7   plant pests.  Shipping containers must be escape-proof and the 
185.8   commissioner shall specify labeling and shipping protocols. 
185.9      Sec. 9.  [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 
185.10  CERTIFICATES, PERMITS, AND FEES.] 
185.11     Subdivision 1.  [PURPOSE.] To ensure continued access to 
185.12  foreign and domestic markets, the commissioner shall provide 
185.13  inspection and certification services to ensure that appropriate 
185.14  phytosanitary restrictions or requirements are fully met. 
185.15     Subd. 2.  [DISPOSITION AND USE OF MONEY RECEIVED.] All fees 
185.16  and penalties collected under this chapter and interest 
185.17  attributable to the money in the account must be deposited in 
185.18  the state treasury and credited to the nursery and phytosanitary 
185.19  account in the agricultural fund.  Money in the account, 
185.20  including interest earned, is appropriated to the commissioner 
185.21  for the administration and enforcement of this chapter. 
185.22     Subd. 3.  [COOPERATIVE AGREEMENTS.] The commissioner may 
185.23  enter into cooperative agreements with federal and state 
185.24  agencies for administration of the export certification 
185.25  program.  An exporter of plants or plant products desiring to 
185.26  originate shipments from Minnesota to a foreign country 
185.27  requiring a phytosanitary certificate or export certificate must 
185.28  submit an application to the commissioner. 
185.29     Subd. 4.  [PHYTOSANITARY AND EXPORT 
185.30  CERTIFICATES.] Application for phytosanitary certificates or 
185.31  export certificates must be made on forms provided or approved 
185.32  by the commissioner.  The commissioner shall conduct inspections 
185.33  of plants, plant products, or facilities for persons that have 
185.34  applied for or intend to apply for a phytosanitary certificate 
185.35  or export certificate from the commissioner.  Inspections must 
185.36  include one or more of the following as requested or required: 
186.1      (1) an inspection of the plants or plant products intended 
186.2   for export under a phytosanitary certificate or export 
186.3   certificate; 
186.4      (2) field inspections of growing plants to determine 
186.5   presence or absence of plant diseases, if necessary; 
186.6      (3) laboratory diagnosis for presence or absence of plant 
186.7   diseases, if necessary; 
186.8      (4) observation and evaluation of procedures and facilities 
186.9   utilized in handling plants and plant products, if necessary; 
186.10  and 
186.11     (5) review of United States Department of Agriculture, 
186.12  Federal Grain Inspection Service Official Export Grain 
186.13  Inspection Certificate logs. 
186.14     The commissioner may issue a phytosanitary certificate or 
186.15  export certificate if the plants or plant products 
186.16  satisfactorily meet the requirements of the importing foreign 
186.17  country and the United States Department of Agriculture 
186.18  requirements.  The requirements of the destination countries 
186.19  must be met by the applicant. 
186.20     Subd. 5.  [CERTIFICATE FEES.] (a) The commissioner shall 
186.21  assess the fees in paragraphs (b) to (f) for the inspection, 
186.22  service, and work performed in carrying out the issuance of a 
186.23  phytosanitary certificate or export certificate.  The inspection 
186.24  fee must be based on mileage and inspection time. 
186.25     (b) Mileage charge:  current United States Internal Revenue 
186.26  Service mileage rate. 
186.27     (c) Inspection time:  $50 per hour minimum or fee necessary 
186.28  to cover department costs.  Inspection time includes the driving 
186.29  time to and from the location in addition to the time spent 
186.30  conducting the inspection. 
186.31     (d) A fee must be charged for any certificate issued that 
186.32  requires laboratory analysis before issuance.  The fee must be 
186.33  deposited into the laboratory account as authorized in section 
186.34  17.85. 
186.35     (e) Certificate fee for product value greater than $250:  
186.36  $75 for each phytosanitary or export certificate issued for any 
187.1   single shipment valued at more than $250 in addition to any 
187.2   mileage or inspection time charges that are assessed. 
187.3      (f) Certificate fee for product value less than $250:  $25 
187.4   for each phytosanitary or export certificate issued for any 
187.5   single shipment valued at less than $250 in addition to any 
187.6   mileage or inspection time charges that are assessed. 
187.7      Subd. 6.  [CERTIFICATE DENIAL OR CANCELLATION.] The 
187.8   commissioner may deny or cancel the issuance of a phytosanitary 
187.9   or export certificate for any of the following reasons: 
187.10     (1) failure of the plants or plant products to meet 
187.11  quarantine, regulations, and requirements imposed by the country 
187.12  for which the phytosanitary or export certificate is being 
187.13  requested; 
187.14     (2) failure to completely or accurately provide the 
187.15  information requested on the application form; 
187.16     (3) failure to ship the exact plants or plant products 
187.17  which were inspected and approved; or 
187.18     (4) failure to pay any fees or costs due the commissioner. 
187.19     Subd. 7.  [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 
187.20  PERMITS, AND FEES.] (a) The commissioner may provide inspection, 
187.21  sampling, or certification services to ensure that Minnesota 
187.22  plant products or commodities meet import requirements of other 
187.23  states or countries. 
187.24     (b) The state plant regulatory official may issue permits 
187.25  and certificates verifying that various Minnesota agricultural 
187.26  products or commodities meet specified phytosanitary 
187.27  requirements, treatment requirements, or pest absence assurances 
187.28  based on determinations by the commissioner.  The commissioner 
187.29  may collect fees sufficient to recover costs for these permits 
187.30  or certificates.  The fees must be deposited in the nursery and 
187.31  phytosanitary account. 
187.32     Sec. 10.  [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 
187.33     The commissioner may enter into cooperative agreements with 
187.34  organizations, persons, civic groups, governmental agencies, or 
187.35  other organizations to adopt and execute plans to detect and 
187.36  control areas infested or infected with harmful plant pests.  
188.1   The cooperative agreements may include provisions of joint 
188.2   funding of any control treatment. 
188.3      If a harmful plant pest infestation or infection occurs and 
188.4   cannot be adequately controlled by individual persons, owners, 
188.5   tenants, or local units of government, the commissioner may 
188.6   conduct the necessary control measures independently or on a 
188.7   cooperative basis with federal or other units of government. 
188.8      Sec. 11.  [18G.12] [INVASIVE SPECIES MANAGEMENT AND 
188.9   INVESTIGATION.] 
188.10     Subdivision 1.  [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 
188.11  The commissioner shall conduct research to prevent the 
188.12  introduction or spread of invasive species and plant pests into 
188.13  the state and to investigate the feasibility of their control or 
188.14  eradication. 
188.15     Subd. 2.  [STATEWIDE PROGRAM.] The commissioner shall 
188.16  establish a statewide program to prevent the introduction and 
188.17  the spread of harmful plant pest and terrestrial invasive 
188.18  species.  To the extent possible, the program must provide 
188.19  coordination of efforts among governmental entities and private 
188.20  organizations. 
188.21     Subd. 3.  [INVASIVE SPECIES MANAGEMENT PLAN.] The 
188.22  commissioner shall prepare and maintain a long-term terrestrial 
188.23  invasive species management plan which may include specific 
188.24  plans for individual species.  The plan must address: 
188.25     (1) coordination strategies for detection and prevention of 
188.26  accidental introductions; 
188.27     (2) methods to disseminate information about harmful 
188.28  invasive species to the general public and appropriate 
188.29  agricultural and resource management agencies or organizations; 
188.30     (3) coordination of control efforts for selected harmful 
188.31  terrestrial invasive species; and 
188.32     (4) participation by local units of government and other 
188.33  state and federal agencies in the development and implementation 
188.34  of local management efforts. 
188.35     Subd. 4.  [REGIONAL COOPERATION.] The commissioner shall 
188.36  seek cooperation with other states and Canadian provinces for 
189.1   the purposes of management and control of harmful invasive 
189.2   species. 
189.3      Subd. 5.  [INVASIVE SPECIES ANNUAL REPORT.] By January 15 
189.4   of each year, the commissioner shall submit a report on harmful 
189.5   terrestrial invasive species to the chairs of the legislative 
189.6   committees having jurisdiction over environmental and 
189.7   agricultural resource issues.  The report must include: 
189.8      (1) detailed information on expenditures for 
189.9   administration, education, management, inspections, surveys, and 
189.10  research; 
189.11     (2) an overview of accomplishments achieved during the 
189.12  prior calendar year; 
189.13     (3) an analysis of the effectiveness of management 
189.14  activities; 
189.15     (4) information related to the participation of other state 
189.16  and local units of government; 
189.17     (5) information about shade tree protection efforts and 
189.18  results; 
189.19     (6) an assessment of future management needs; and 
189.20     (7) proposed goals for the coming year. 
189.21     Sec. 12.  [18G.13] [LOCAL PEST CONTROL.] 
189.22     Subdivision 1.  [PURPOSE.] The purpose of this section is 
189.23  to authorize political subdivisions to establish and fund their 
189.24  own programs to control pests that are likely to cause economic 
189.25  or environmental harm or harm to human health. 
189.26     Subd. 2.  [CONTROL.] The governing body of a county, city, 
189.27  or town may appropriate money to control native or exotic pests. 
189.28     Subd. 3.  [COST.] The governing body of the political 
189.29  subdivision may levy a tax on the taxable property within the 
189.30  subdivision to defray the cost of the activities authorized 
189.31  under subdivision 2. 
189.32     Subd. 4.  [CERTIFICATES OF INDEBTEDNESS.] To provide funds 
189.33  for activities authorized in subdivision 2 in advance of 
189.34  collection of the tax under subdivision 3, the governing body 
189.35  may, after the tax has been levied and certified to the county 
189.36  auditor for collection, issue certificates of indebtedness in 
190.1   anticipation of the collection and payment of the tax.  The 
190.2   total amount of the certificates, including principal and 
190.3   interest, must not exceed 90 percent of the amount of the levy 
190.4   and must be payable from the proceeds of the levy no later than 
190.5   two years from the date of issuance.  They must be issued on 
190.6   terms and conditions determined by the governing body and must 
190.7   be sold as provided in section 475.60.  If the governing body 
190.8   determines that an emergency exists, it may make appropriations 
190.9   from the proceeds of the certificates for authorized purposes 
190.10  without complying with statutory or charter provisions requiring 
190.11  that expenditures be based on a prior budget authorization or 
190.12  other budgeting requirements. 
190.13     Subd. 5.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 
190.14  proceeds of a tax levied under subdivision 3 or an issue of 
190.15  certificates of indebtedness under subdivision 4 must be 
190.16  deposited in the municipal treasury in a separate fund and spent 
190.17  only for purposes authorized by this section.  If no 
190.18  disbursement is made from the fund for a period of five years, 
190.19  any money remaining in the fund may be transferred to the 
190.20  general fund. 
190.21     Subd. 6.  [PENALTY.] A person who prevents, obstructs, or 
190.22  interferes with the county authorities or their agents in 
190.23  carrying out subdivisions 2 to 5, or neglects to comply with the 
190.24  rules and regulations of the county commissioners adopted under 
190.25  authority of those subdivisions, is guilty of a misdemeanor. 
190.26     Subd. 7.  [REGULATIONS; SCOPE.] A city council, board of 
190.27  county commissioners, or town board may by resolution or 
190.28  ordinance adopt and enforce regulations to control and prevent 
190.29  the spread of plant pests and diseases.  The regulations may 
190.30  authorize appropriate officers and employees to: 
190.31     (1) enter and inspect any public or private place that 
190.32  might harbor plant pests; 
190.33     (2) provide for the summary removal of diseased trees from 
190.34  public or private places if necessary to prevent the spread of 
190.35  the disease; 
190.36     (3) require the owner to destroy or treat plant pests, 
191.1   diseased or invasive plants, or other infested material; and 
191.2      (4) provide for the work at the expense of the owner. 
191.3   The expense must be a lien upon the property and may be 
191.4   collected as a special assessment as provided by section 429.101 
191.5   or by charter.  In this subdivision, "private place" means every 
191.6   place except a private home. 
191.7      Sec. 13.  [18G.14] [MOSQUITO ABATEMENT.] 
191.8      Subdivision 1.  [DECLARATION OF POLICY.] The abatement or 
191.9   suppression of mosquitoes is advisable and necessary for the 
191.10  maintenance and improvement of the health, welfare, and 
191.11  prosperity of the people.  Areas where mosquitoes incubate or 
191.12  hatch are declared to be public nuisances and may be abated 
191.13  under this section.  Mosquito abatement may be undertaken under 
191.14  sections 18.041 to 18.161 anywhere in the state by any 
191.15  governmental unit. 
191.16     Subd. 2.  [ESTABLISHING LOCAL BOARD.] A governmental unit 
191.17  may engage in mosquito abatement and establish a mosquito 
191.18  abatement board upon adoption of a resolution to that effect by 
191.19  its governing body or upon adoption of a proposal to that effect 
191.20  by the voters of the governmental unit in the manner provided in 
191.21  subdivision 3. 
191.22     Subd. 3.  [PETITION; HEARING; ELECTION.] If a petition 
191.23  signed by five percent of the property owners or 250 owners, 
191.24  whichever is less, is presented to a governing body requesting 
191.25  the governmental unit to engage in mosquito abatement, a public 
191.26  hearing must be held on the petition by the governing body 
191.27  within 15 days of presentation of the petition.  If the 
191.28  governing body does not, within 15 days after the hearing, adopt 
191.29  a resolution to undertake mosquito abatement, the governing body 
191.30  must order a vote to be taken at the next regular election or 
191.31  town meeting on the proposal to undertake mosquito abatement.  
191.32  The governing body must provide ballots to be used at the 
191.33  election or meeting.  The ballot must bear the words "Shall the 
191.34  (governmental unit) of ....... engage in mosquito abatement?"  
191.35  If the majority of the votes are affirmative, the governing body 
191.36  must take appropriate action as soon as possible to carry on 
192.1   mosquito abatement.  A proposal to undertake mosquito abatement 
192.2   that is rejected by the voters must not be resubmitted to the 
192.3   voters for two years. 
192.4      Subd. 4.  [DISCONTINUING PROGRAM.] If a governmental unit 
192.5   by action of its governing body or voters has chosen to engage 
192.6   in mosquito abatement, the abatement program may be discontinued 
192.7   in the following manner: 
192.8      (1) if the mosquito abatement was originally undertaken by 
192.9   resolution of the governing body, then by the adoption of a 
192.10  resolution to that effect by the governing body, or by the 
192.11  adoption of a proposal to that effect by the voters of the 
192.12  governmental unit in the manner provided in this subdivision; 
192.13  and 
192.14     (2) if the mosquito abatement was originally undertaken by 
192.15  the adoption of a proposal to that effect by the voters of the 
192.16  governmental unit, then only by the adoption of a proposal to 
192.17  that effect by the voters of the governmental unit in the manner 
192.18  provided in subdivision 5. 
192.19     Subd. 5.  [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 
192.20  If a petition signed by five percent of the property owners or 
192.21  250 owners, whichever is less, is presented to the governing 
192.22  body engaged in mosquito abatement requesting it to discontinue 
192.23  mosquito abatement, a public hearing must be held on the 
192.24  petition by the governing body within 15 days after presentation 
192.25  of the petition.  If the governing body does not, within 15 days 
192.26  after the hearing, adopt a resolution to discontinue mosquito 
192.27  abatement, the governing body must order a vote to be taken at 
192.28  the next regular election or town meeting on the proposal to 
192.29  discontinue mosquito abatement.  The governing body shall 
192.30  provide ballots to be used at the election or meeting.  The 
192.31  ballot must bear the words "Shall the (governmental unit) of 
192.32  ....... discontinue mosquito abatement?"  If a majority of the 
192.33  votes are affirmative, the governing body must take appropriate 
192.34  action as soon as possible to discontinue mosquito abatement.  A 
192.35  proposal to discontinue mosquito abatement that is rejected by 
192.36  the voters must not be resubmitted to the voters for two years. 
193.1      Subd. 6.  [ABATEMENT BOARD.] A governing body that has 
193.2   decided, in the manner required by this section, to engage in 
193.3   mosquito abatement, shall appoint three persons to serve as 
193.4   members of a mosquito abatement board with powers specified in 
193.5   subdivision 8.  Each member of the board holds office at the 
193.6   pleasure of the governing body and serves without compensation, 
193.7   except that board members may be reimbursed for actual expenses 
193.8   incurred in fulfilling board duties. 
193.9      Subd. 7.  [OFFICERS; MEETINGS.] Immediately after 
193.10  appointment of the board and at the first meeting in each 
193.11  succeeding calendar year, the board shall elect a chair, a 
193.12  secretary, a treasurer, and other necessary officers.  The board 
193.13  shall provide for the time and place of holding regular meetings 
193.14  and may establish rules for proceedings.  All meetings of the 
193.15  board are open to the public.  Two members of the board 
193.16  constitute a quorum, but one member may adjourn from day to 
193.17  day.  The board shall keep a written record of its proceedings 
193.18  and an itemized account of all expenditures and disbursements 
193.19  and that record and account must be open at all reasonable times 
193.20  for public inspection. 
193.21     Subd. 8.  [POWERS OF BOARD.] A mosquito abatement board and 
193.22  a joint board established under section 18.131 may, either by 
193.23  board action or through its members, officers, agents, or 
193.24  employees, as may be appropriate: 
193.25     (1) enter any property within the governmental unit at 
193.26  reasonable times to determine whether mosquito breeding exists; 
193.27     (2) take necessary and proper steps for the abatement of 
193.28  mosquitoes and other insects and arachnids, such as ticks, 
193.29  mites, and spiders, as the commissioner may designate; 
193.30     (3) subject to the paramount control of county and state 
193.31  authorities, lagoon and clean up any stagnant pool of water and 
193.32  clean up shores of lakes and streams and other mosquito breeding 
193.33  places; 
193.34     (4) spray with insecticides, approved by the commissioner, 
193.35  areas in the governmental unit found to be breeding places for 
193.36  mosquitoes or other insects or arachnids designated under clause 
194.1   (2); 
194.2      (5) purchase supplies and equipment and employ persons 
194.3   necessary and proper for mosquito abatement; 
194.4      (6) accept gifts of money or equipment to be used for 
194.5   mosquito abatement; and 
194.6      (7) enter into contracts necessary to accomplish mosquito 
194.7   abatement. 
194.8      Subd. 9.  [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 
194.9   abatement board and each governmental unit engaged in mosquito 
194.10  abatement shall cooperate with the University of Minnesota, the 
194.11  commissioners of agriculture, health, natural resources, and 
194.12  transportation, and the agricultural experiment station. 
194.13     Subd. 10.  [TAX LEVY.] An annual tax may be levied for 
194.14  mosquito abatement purposes on all taxable property in any 
194.15  governmental unit undertaking mosquito abatement under this 
194.16  section.  The tax must be certified, levied, and collected in 
194.17  the same manner as other taxes levied by the governmental unit. 
194.18     Subd. 11.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
194.19  after the annual tax levy has been certified to the county 
194.20  auditor, and not earlier than October 10 in any year, any 
194.21  governing body may, for the purpose of providing the necessary 
194.22  funds for mosquito abatement for the succeeding year, by 
194.23  resolution, issue and sell as many certificates of indebtedness 
194.24  as may be needed in anticipation of the collection of taxes 
194.25  levied under subdivision 10.  Certificates must not be issued in 
194.26  excess of 50 percent of the amount of the tax levy, as spread by 
194.27  the county auditor, to be collected for mosquito abatement.  No 
194.28  certificate may be issued to become due and payable later than 
194.29  December 31 of the year succeeding the year in which the tax 
194.30  levy was made.  The certificates must not be sold for less than 
194.31  par and accrued interest, and must not bear a greater rate of 
194.32  interest than five percent per annum.  Each certificate must 
194.33  state upon its face that the proceeds of the certificate must be 
194.34  used for the mosquito abatement fund, the total amount of the 
194.35  certificates issued, and the amount embraced in the tax levy for 
194.36  that particular purpose.  The certificates must be numbered 
195.1   consecutively and be in denominations of $100 or multiples of 
195.2   $100, may have interest coupons attached, and must be otherwise 
195.3   of a form, on terms, and made payable at a place that will best 
195.4   aid in their negotiation.  The proceeds of the tax assessed and 
195.5   collected on account of the mosquito abatement fund must be 
195.6   irrevocably pledged for the redemption of the certificates 
195.7   issued.  The certificates must be paid solely from the money 
195.8   derived from the levy for the year against which the 
195.9   certificates were issued, or, if they are not sufficient for 
195.10  that purpose, from the levy for the mosquito abatement fund in 
195.11  the next succeeding year.  The money derived from the sale of 
195.12  the certificates must be credited to the mosquito abatement fund 
195.13  for the calendar year immediately succeeding the levy and may 
195.14  not be used or spent until the succeeding year.  No certificates 
195.15  for any year may be issued until all certificates for prior 
195.16  years have been paid.  No certificates may be extended. 
195.17     Subd. 12.  [DEPOSIT AND USE OF FUNDS.] All money received 
195.18  for mosquito abatement purposes, either by way of tax collection 
195.19  or the sale of certificates of indebtedness, must be deposited 
195.20  in the treasury of the governmental unit to the credit of a 
195.21  special fund to be designated as the mosquito abatement fund, 
195.22  must not be used for any other purpose, and must be drawn upon 
195.23  by the proper officials upon the properly authenticated voucher 
195.24  of the mosquito abatement board.  No money may be paid from the 
195.25  fund except on orders drawn upon the officer of the governmental 
195.26  unit having charge of the custody of the mosquito abatement fund 
195.27  and signed by the chair and the secretary of the mosquito 
195.28  abatement board.  Each mosquito abatement board shall annually 
195.29  file an itemized statement of all receipts and disbursements 
195.30  with its governing body. 
195.31     Subd. 13.  [DUTIES OF COMMISSIONER.] The commissioner: 
195.32     (1) may establish rules for the conduct of mosquito 
195.33  abatement operations of governmental units and boards engaged in 
195.34  mosquito abatement; and 
195.35     (2) is an ex officio member of a mosquito abatement board.  
195.36  The commissioner may appoint representatives to act for the 
196.1   commissioner as ex officio members of boards. 
196.2      Subd. 14.  [NATURAL RESOURCES.] The commissioner of natural 
196.3   resources must approve mosquito abatement plans or order 
196.4   modifications the commissioner of natural resources considers 
196.5   necessary for the protection of public water, wild animals, and 
196.6   natural resources before control operations are started on state 
196.7   lands administered by the commissioner of natural resources or 
196.8   in public waters listed on the department of natural resources 
196.9   public waters inventory.  The commissioner of natural resources 
196.10  may make necessary modifications in an approved plan or revoke 
196.11  approval of a plan at any time upon written notice to the 
196.12  governing body or mosquito abatement board. 
196.13     Subd. 15.  [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 
196.14  or more adjacent governmental units have authorized mosquito 
196.15  abatement and appointed the members of the mosquito abatement 
196.16  board, the governing bodies may, by written contract, arrange 
196.17  for pooling mosquito abatement funds, apportioning all costs, 
196.18  cooperating in the use of equipment and personnel, and engaging 
196.19  jointly in mosquito abatement upon terms and conditions and 
196.20  subject to mutually agreed upon rules.  The immediate control 
196.21  and management of the joint project may, by the terms of the 
196.22  written contract, be entrusted to a joint committee composed of 
196.23  the chair of each of the boards or other board members. 
196.24     Subd. 16.  [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 
196.25  any town that is unorganized politically, the county board of 
196.26  the county in which the town is situated has all the rights, 
196.27  powers, and duties conferred by this section upon the governing 
196.28  bodies of towns, including town boards, and the county board 
196.29  must act as though it were the governing body and town board of 
196.30  that town and may authorize and undertake mosquito abatement in 
196.31  the town and cause taxes to be levied for mosquito abatement the 
196.32  same as though the town were organized politically and the 
196.33  county board were the governing body and town board.  The cost 
196.34  of mosquito abatement in such a town must be paid solely by a 
196.35  tax levy on the property within the town where mosquito 
196.36  abatement is undertaken and no part of the expense of mosquito 
197.1   abatement in that town may be a county expense or paid by the 
197.2   county. 
197.3      Subd. 17.  [COST OF STATE'S SERVICE; REFUNDS.] The actual 
197.4   cost to the state of any service rendered or expense incurred by 
197.5   the commissioner of agriculture or natural resources under this 
197.6   section for the benefit of a mosquito abatement board must be 
197.7   reimbursed by the appropriate governmental unit. 
197.8      Sec. 14.  [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 
197.9      Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
197.10  subdivision apply to this section. 
197.11     (b) "Metropolitan area" means the counties of Anoka, 
197.12  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
197.13     (c) "Municipality" means a home rule charter or statutory 
197.14  city or a town located in the metropolitan area that exercises 
197.15  municipal powers under section 368.01 or any general or special 
197.16  law; a special park district organized under chapter 398; a 
197.17  special-purpose park and recreation board organized under the 
197.18  city charter of a city of the first class located in the 
197.19  metropolitan area; a county in the metropolitan area for the 
197.20  purposes of county-owned property or any portion of a county 
197.21  located outside the geographic boundaries of a city or a town 
197.22  exercising municipal powers; and a municipality or county 
197.23  located outside the metropolitan area with an approved disease 
197.24  control program. 
197.25     (d) "Shade tree disease" means Dutch elm disease, oak wilt, 
197.26  or any disorder affecting the growth and life of shade trees. 
197.27     (e) "Wood utilization or disposal system" means facilities, 
197.28  equipment, or systems used for the removal and disposal of 
197.29  diseased shade trees, including collection, transportation, 
197.30  processing, or storage of wood and assisting in the recovery of 
197.31  materials or energy from wood. 
197.32     (f) "Approved disease control program" means a municipal 
197.33  plan approved by the commissioner to control shade tree disease. 
197.34     (g) "Disease control area" means an area approved by the 
197.35  commissioner within which a municipality will conduct an 
197.36  approved disease control program. 
198.1      (h) "Sanitation" means the identification, inspection, 
198.2   disruption of a common root system, girdling, trimming, removal, 
198.3   and disposal of dead or diseased wood of shade trees, including 
198.4   subsidies for trees removed pursuant to subdivision 4, on public 
198.5   or private property within a disease control area. 
198.6      (i) "Reforestation" means the replacement of shade trees 
198.7   removed from public property and the planting of a tree as part 
198.8   of a municipal disease control program.  For purposes of this 
198.9   paragraph, "public property" includes private property within 
198.10  five feet of the boulevard or street terrace in a city that 
198.11  enacted an ordinance on or before January 1, 1977, that 
198.12  prohibits or requires a permit for the planting of trees in the 
198.13  public right-of-way. 
198.14     Subd. 2.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
198.15  may adopt rules relating to shade tree pest and disease control 
198.16  in any municipality.  The rules must prescribe control measures 
198.17  to be used to prevent the spread of shade tree pests and 
198.18  diseases and must include the following: 
198.19     (1) a definition of shade tree; 
198.20     (2) qualifications for tree inspectors; 
198.21     (3) methods of identifying diseased or infested shade 
198.22  trees; 
198.23     (4) procedures for giving reasonable notice of inspection 
198.24  of private real property; 
198.25     (5) measures for the removal of any shade tree which may 
198.26  contribute to the spread of shade tree pests or disease and for 
198.27  reforestation of pest or disease control areas; 
198.28     (6) approved methods of treatment of shade trees; 
198.29     (7) criteria for priority designation areas in an approved 
198.30  pest or disease control program; and 
198.31     (8) any other matters determined necessary by the 
198.32  commissioner to prevent the spread of shade tree pests or 
198.33  disease and enforce this section. 
198.34     Subd. 3.  [DIAGNOSTIC LABORATORY.] The commissioner shall 
198.35  operate a diagnostic laboratory for culturing diseased or 
198.36  infested trees for positive identification of diseased or 
199.1   infested shade trees. 
199.2      Subd. 4.  [COOPERATION BY UNIVERSITY.] The University of 
199.3   Minnesota College of Natural Resources shall cooperate with the 
199.4   department in control of shade tree disease, pests, and 
199.5   disorders and management of shade tree populations.  The College 
199.6   of Natural Resources shall cooperate with the department to 
199.7   conduct tree inspector certification and recertification 
199.8   workshops for certified tree inspectors.  The College of Natural 
199.9   Resources shall also conduct research into means for identifying 
199.10  diseased shade trees, develop and evaluate control measures, and 
199.11  develop means for disposing of and using diseased shade trees. 
199.12     Subd. 5.  [EXPERIMENTAL PROGRAMS.] The commissioner may 
199.13  establish experimental programs for sanitation or treatment of 
199.14  shade tree diseases and for research into tree varieties most 
199.15  suitable for municipal reforestation.  The research must include 
199.16  considerations of disease resistance, energy conservation, and 
199.17  other factors considered appropriate.  The commissioner may make 
199.18  grants to municipalities or enter into contracts with 
199.19  municipalities, nurseries, colleges, universities, or state or 
199.20  federal agencies in connection with experimental shade tree 
199.21  programs including research to assist municipalities in 
199.22  establishing priority designation areas for shade tree disease 
199.23  control and energy conservation. 
199.24     Subd. 6.  [REMOVAL OF DISEASED OR INFESTED TREES.] After 
199.25  reasonable notice of inspection, an owner of real property 
199.26  containing a shade tree that is diseased, infested, or may 
199.27  contribute to the spread of pests or disease, must remove or 
199.28  treat the tree within the period of time and in the manner 
199.29  established by the commissioner.  Trees that are not removed in 
199.30  compliance with the commissioner's rules must be declared a 
199.31  public nuisance and removed or treated by approved methods by 
199.32  the municipality, which may assess all or part of the expense, 
199.33  limited to the lowest contract rates available that include wage 
199.34  levels which meet Minnesota minimum wage standards, to the 
199.35  property and the expense becomes a lien on the property.  A 
199.36  municipality may assess not more than 50 percent of the expense 
200.1   of treating with an approved method or removing diseased shade 
200.2   trees located on street terraces or boulevards to the abutting 
200.3   properties and the assessment becomes a lien on the property. 
200.4      Subd. 7.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
200.5   rules of the commissioner apply in a municipality unless the 
200.6   municipality adopts an ordinance determined by the commissioner 
200.7   to be more stringent than the rules of the commissioner.  The 
200.8   rules of the commissioner or the municipality apply to all state 
200.9   agencies, special purpose districts, and metropolitan 
200.10  commissions as defined in section 473.121, subdivision 5a, that 
200.11  own or control land adjacent to or within a shade tree disease 
200.12  control area. 
200.13     Subd. 8.  [GRANTS TO MUNICIPALITIES.] (a) The commissioner 
200.14  may, in the name of the state and within the limit of 
200.15  appropriations provided, make a grant to a municipality with an 
200.16  approved disease control program for the partial funding of 
200.17  municipal sanitation and reforestation programs to replace trees 
200.18  lost to disease or natural disaster.  The commissioner may make 
200.19  a grant to a home rule charter or statutory city, a special 
200.20  purpose park and recreation board organized under a charter of a 
200.21  city of the first class, a nonprofit corporation serving a city 
200.22  of the first class, or a county having an approved disease 
200.23  control program for the acquisition or implementation of a wood 
200.24  use or disposal system. 
200.25     (b) The commissioner shall adopt rules for the 
200.26  administration of grants under this subdivision.  The rules must 
200.27  contain: 
200.28     (1) procedures for grant applications; 
200.29     (2) conditions and procedures for the administration of 
200.30  grants; 
200.31     (3) criteria of eligibility for grants including, but not 
200.32  limited to, those specified in this subdivision; and 
200.33     (4) other matters the commissioner may find necessary to 
200.34  the proper administration of the grant program. 
200.35     (c) Grants for wood utilization and disposal systems made 
200.36  by the commissioner under this subdivision must not exceed 50 
201.1   percent of the total cost of the system.  Grants for sanitation 
201.2   and reforestation must be combined into one grant program.  
201.3   Grants to a municipality for sanitation must not exceed 50 
201.4   percent of sanitation costs approved by the commissioner 
201.5   including any amount of sanitation costs paid by special 
201.6   assessments, ad valorem taxes, federal grants, or other funds.  
201.7   A municipality must not specially assess a property owner an 
201.8   amount greater than the amount of the tree's sanitation cost 
201.9   minus the amount of the tree's sanitation cost reimbursed by the 
201.10  commissioner.  Grants to municipalities for reforestation must 
201.11  not exceed 50 percent of the wholesale cost of the trees planted 
201.12  under the reforestation program; provided that a reforestation 
201.13  grant to a county may include 90 percent of the cost of the 
201.14  first 50 trees planted on public property in a town not included 
201.15  in the definition of municipality in subdivision 1 and with less 
201.16  than 1,000 population when the town applies to the county.  
201.17  Reforestation grants to towns and home rule charter or statutory 
201.18  cities of less than 4,000 population with an approved disease 
201.19  control program may include 90 percent of the cost of the first 
201.20  50 trees planted on public property.  The governing body of a 
201.21  municipality that receives a reforestation grant under this 
201.22  section must appoint up to seven residents of the municipality 
201.23  or designate an existing municipal board or committee to serve 
201.24  as a reforestation advisory committee to advise the governing 
201.25  body of the municipality in the administration of the 
201.26  reforestation program.  For the purpose of this subdivision, 
201.27  "cost" does not include the value of a gift or dedication of 
201.28  trees required by a municipal ordinance but does include 
201.29  documented "in-kind" services or voluntary work for 
201.30  municipalities with a population of less than 1,000 according to 
201.31  the most recent federal census. 
201.32     (d) Based upon estimates submitted by the municipality to 
201.33  the commissioner, which state the estimated costs of sanitation 
201.34  and reforestation in the succeeding quarter under an approved 
201.35  program, the commissioner shall direct quarterly advance 
201.36  payments to be made by the state to the municipality commencing 
202.1   April 1.  The commissioner shall direct adjustment of any 
202.2   overestimate in a succeeding quarter.  A municipality may elect 
202.3   to receive the proceeds of its sanitation and reforestation 
202.4   grants on a periodic cost reimbursement basis.  
202.5      (e) A home rule charter or statutory city, county outside 
202.6   the metropolitan area, or any municipality, as defined in 
202.7   subdivision 1, may submit an application for a grant authorized 
202.8   by this subdivision concurrently with its request for approval 
202.9   of a disease control program. 
202.10     (f) The commissioner shall not make grants for sanitation 
202.11  and reforestation or wood utilization and disposal systems in 
202.12  excess of 67 percent of the amounts appropriated for those 
202.13  purposes to the municipalities located within the metropolitan 
202.14  area, as defined in subdivision 1. 
202.15     Subd. 9.  [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 
202.16  provide subsidies to nonprofit organizations, to owners of 
202.17  private residential property of five acres or less, to owners of 
202.18  property used for a homestead of more than five acres but less 
202.19  than 20 acres, and to nonprofit cemeteries for the approved 
202.20  treatment or removal of diseased shade trees. 
202.21     Notwithstanding any law to the contrary, an owner of 
202.22  property on which shade trees are located may contract with a 
202.23  municipality to provide protection against the cost of approved 
202.24  treatment or removal of diseased shade trees or shade trees that 
202.25  will contribute to the spread of shade tree diseases.  Under the 
202.26  contract, the municipality must pay for the removal or approved 
202.27  treatment under terms and conditions determined by its governing 
202.28  body. 
202.29     Subd. 10.  [TREE INSPECTOR.] (a) The governing body of each 
202.30  municipality may appoint a qualified tree inspector.  In 
202.31  accordance with section 471.59, two or more municipalities may 
202.32  jointly appoint a tree inspector for the purpose of 
202.33  administering the rules or ordinances in their communities.  If 
202.34  a municipality has not appointed a tree inspector by January 1 
202.35  in any year, the commissioner may assign a qualified employee of 
202.36  the department of agriculture to perform the duties of the tree 
203.1   inspector.  The expense of a tree inspector appointed by the 
203.2   commissioner must be paid by the municipality.  If an employee 
203.3   of the department of agriculture performs those duties, the 
203.4   expense must be billed to the municipality and paid into the 
203.5   state treasury and credited to the nursery and phytosanitary 
203.6   account. 
203.7      (b) Upon a determination by the commissioner that a 
203.8   candidate for the position of tree inspector is qualified, the 
203.9   commissioner shall issue a certificate of qualification to the 
203.10  tree inspector.  The certificate is valid for one year.  A 
203.11  person certified as a tree inspector by the commissioner is 
203.12  authorized upon prior notification to enter and inspect any 
203.13  public or private property that might harbor diseased or 
203.14  infested shade trees. 
203.15     (c) The commissioner may, upon notice and hearing, 
203.16  decertify a tree inspector if it appears that the tree inspector 
203.17  has failed to act competently or in the public interest in the 
203.18  performance of duties.  Notice must be provided and a hearing 
203.19  conducted according to the provisions of chapter 14 governing 
203.20  contested case proceedings.  Nothing in this paragraph limits or 
203.21  otherwise affects the authority of a municipality to dismiss or 
203.22  suspend a tree inspector in its discretion. 
203.23     Subd. 11.  [FINANCING.] (a) A municipality may collect the 
203.24  amount assessed against the property under subdivision 1 as a 
203.25  special assessment and may issue obligations as provided in 
203.26  section 429.101, subdivision 1.  The municipality may, at its 
203.27  option, make any assessment levied payable with interest in 
203.28  installments not to exceed five years from the date of the 
203.29  assessment. 
203.30     (b) After a contract for the sanitation or approved 
203.31  treatment of trees on private property has been approved or the 
203.32  work begun, the municipality may issue obligations to defray the 
203.33  expense of the work financed by special assessments imposed upon 
203.34  private property.  Section 429.091 applies to those obligations 
203.35  with the following modifications: 
203.36     (1) the obligations must be payable not more than five 
204.1   years from the date of issuance; and 
204.2      (2) no election is required. 
204.3      The certificates must not be included in the net debt of 
204.4   the issuing municipality. 
204.5      Subd. 12.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 
204.6   of taxes, assessments, and interest collected under this 
204.7   section, bonds or certificates of indebtedness issued under 
204.8   subdivision 10, and grants received under subdivision 7 must be 
204.9   deposited in the municipal treasury in a separate fund and spent 
204.10  only for the purposes authorized by this section. 
204.11     Subd. 13.  [WOOD USE.] The departments of agriculture and 
204.12  natural resources, after consultation with the Minnesota shade 
204.13  tree advisory committee, may investigate, evaluate, and make 
204.14  recommendations to the legislature concerning the potential uses 
204.15  of wood from community trees removed due to disease or other 
204.16  disorders.  These recommendations shall include maximum resource 
204.17  recovery through recycling, use as an alternative energy source, 
204.18  or use in construction or the manufacture of new products. 
204.19     Subd. 14.  [MUNICIPAL OPTION TO PARTICIPATE IN 
204.20  PROGRAM.] The term "municipality" shall include only those 
204.21  municipalities which have informed the commissioner of their 
204.22  intent to continue an approved disease control program.  Any 
204.23  municipality desiring to participate in the grants-in-aid for 
204.24  the partial funding of municipal sanitation and reforestation 
204.25  programs must notify the commissioner in writing before the 
204.26  beginning of the calendar year in which it wants to participate 
204.27  and must have an approved disease control program during any 
204.28  year in which it receives grants-in-aid.  Notwithstanding the 
204.29  provisions of any law to the contrary, no municipality shall be 
204.30  required to have an approved disease control program after 
204.31  December 31, 1981. 
204.32     Subd. 15.  [CERTAIN SPECIES NOT SUBJECT TO CHAPTER 
204.33  18G.] Chapter 18G does not apply to exotic aquatic plants and 
204.34  wild animal species regulated under chapter 84D. 
204.35                             ARTICLE 4 
204.36                            NURSERY LAW 
205.1      Section 1.  [18H.02] [DEFINITIONS.] 
205.2      Subdivision 1.  [SCOPE.] The definitions in this section 
205.3   apply to this chapter. 
205.4      Subd. 2.  [AGENT.] "Agent" means a person who, on behalf of 
205.5   another person, receives on consignment, contracts for, or 
205.6   solicits for sale on commission, a plant product from a producer 
205.7   of the product or negotiates the consignment or purchase of a 
205.8   plant product on behalf of another person. 
205.9      Subd. 3.  [ANNUAL.] "Annual" means a plant growing in 
205.10  Minnesota with a life cycle of less than one year. 
205.11     Subd. 4.  [CERTIFICATE.] "Certificate" means a document 
205.12  authorized or prepared by a federal or state regulatory official 
205.13  that affirms, declares, or verifies that a plant, product, 
205.14  shipment, or other officially regulated item meets 
205.15  phytosanitary, nursery inspection, pest freedom, plant 
205.16  registration or certification, or other legal requirements. 
205.17     Subd. 5.  [CERTIFICATION.] "Certification" means a 
205.18  regulatory official's act of affirming, declaring, or verifying 
205.19  compliance with phytosanitary, nursery inspection, pest freedom, 
205.20  plant registration or certification, or other legal requirements.
205.21     Subd. 6.  [CERTIFIED NURSERY STOCK.] "Certified nursery 
205.22  stock" means nursery stock which has been officially inspected 
205.23  by the commissioner and found apparently free of quarantine and 
205.24  regulated nonquarantine pests or significant dangerous or 
205.25  potentially damaging plant pests. 
205.26     Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
205.27  commissioner of agriculture or the commissioner's designated 
205.28  employee, representative, or agent. 
205.29     Subd. 8.  [CONSIGNEE.] "Consignee" means a person to whom a 
205.30  plant, nursery stock, horticultural product, or plant product is 
205.31  shipped for handling, planting, sale, resale, or any other 
205.32  purpose. 
205.33     Subd. 9.  [CONSIGNOR.] "Consignor" means a person who ships 
205.34  or delivers to a consignee a plant, nursery stock, horticultural 
205.35  product, or plant product for handling, planting, sale, resale, 
205.36  or any other purpose. 
206.1      Subd. 10.  [CONTAINER-GROWN.] "Container-grown" means a 
206.2   plant that was produced from a liner or cutting in a container.  
206.3      Subd. 11.  [DEPARTMENT.] "Department" means the Minnesota 
206.4   department of agriculture. 
206.5      Subd. 12.  [DISTRIBUTE.] "Distribute" means offer for sale, 
206.6   sell, barter, ship, deliver for shipment, receive and deliver, 
206.7   offer to deliver, receive on consignment, contract for, solicit 
206.8   for sale on commission, or negotiate the consignment or purchase 
206.9   in this state. 
206.10     Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
206.11     (1) contaminated with pathogenic microorganisms; 
206.12     (2) being parasitized; 
206.13     (3) a host or carrier of an infectious, transmissible, or 
206.14  contagious pest; or 
206.15     (4) so exposed to a plant listed in clause (1), (2), or (3) 
206.16  that one of those conditions can reasonably be expected to exist 
206.17  and the plant may also pose a risk of contamination to other 
206.18  plants or the environment. 
206.19     Subd. 14.  [INFESTED.] "Infested" means a plant has been 
206.20  overrun by plant pests, including weeds. 
206.21     Subd. 15.  [LANDSCAPER.] "Landscaper" includes, but is not 
206.22  limited to, a nursery stock dealer or person who procures 
206.23  certified stock for immediate sale, distribution, or 
206.24  transplantation and who does not grow or care for nursery stock. 
206.25     Subd. 16.  [MARK.] "Mark" means an official indicator 
206.26  affixed by the commissioner for purposes of identification or 
206.27  separation to, on, around, or near plants or plant material 
206.28  known or suspected to be infected with a plant pest.  This 
206.29  includes, but is not limited to, paint, markers, tags, seals, 
206.30  stickers, tape, ribbons, signs, or placards. 
206.31     Subd. 17.  [NURSERY.] "Nursery" means a place where nursery 
206.32  stock is grown, propagated, collected, or distributed, 
206.33  including, but not limited to, private property or property 
206.34  owned, leased, or managed by any agency of the United States, 
206.35  Minnesota or its political subdivisions, or any other state or 
206.36  its political subdivisions where nursery stock is fumigated, 
207.1   treated, packed, or stored. 
207.2      Subd. 18.  [NURSERY CERTIFICATE.] "Nursery certificate" 
207.3   means a document issued by the commissioner recognizing that a 
207.4   person is eligible to sell, offer for sale, or distribute 
207.5   certified nursery stock at a particular location under a 
207.6   specified business name.  
207.7      Subd. 19.  [NURSERY HOBBYIST.] "Nursery hobbyist" means a 
207.8   person who grows, offers for sale, or distributes less than 
207.9   $2,000 worth of certified nursery stock annually. 
207.10     Subd. 20.  [NURSERY STOCK.] "Nursery stock" means a plant 
207.11  intended for planting or propagation, including, but not limited 
207.12  to, trees, shrubs, vines, perennials, biennials, grafts, 
207.13  cuttings, and buds that may be sold for propagation, whether 
207.14  cultivated or wild, and all viable parts of these plants.  
207.15  Nursery stock does not include: 
207.16     (1) field and forage crops; 
207.17     (2) the seeds of grasses, cereal grains, vegetable crops, 
207.18  and flowers; 
207.19     (3) vegetable plants, bulbs, or tubers; 
207.20     (4) cut flowers, unless stems or other portions are 
207.21  intended for propagation; 
207.22     (5) annuals; or 
207.23     (6) Christmas trees. 
207.24     Subd. 21.  [NURSERY STOCK BROKER.] "Nursery stock broker" 
207.25  means a nursery stock dealer engaged in the business of selling 
207.26  or reselling nursery stock as a business transaction without 
207.27  taking ownership or handling the nursery stock. 
207.28     Subd. 22.  [NURSERY STOCK DEALER.] "Nursery stock dealer" 
207.29  means a person involved in the acquisition and further 
207.30  distribution of nursery stock; the utilization of nursery stock 
207.31  for landscaping or purchase of nursery stock for other persons; 
207.32  or the distribution of nursery stock with a mechanical digger, 
207.33  commonly known as a tree spade, or by any other means.  A person 
207.34  who purchases more than half of the nursery stock offered for 
207.35  sale at a sales location during the current certificate year is 
207.36  considered a nursery stock dealer rather than a nursery stock 
208.1   grower for the purposes of determining a proper fee schedule.  
208.2   Nursery stock brokers, landscapers, and tree spade operators are 
208.3   considered nursery stock dealers for purposes of determining 
208.4   proper certification. 
208.5      Subd. 23.  [NURSERY STOCK GROWER.] "Nursery stock grower" 
208.6   includes, but is not limited to, a person who raises, grows, or 
208.7   propagates nursery stock, outdoors or indoors.  A person who 
208.8   grows more than half of the nursery stock offered for sale at a 
208.9   sales location during the current certificate year is considered 
208.10  a nursery stock grower for the purpose of determining a proper 
208.11  fee schedule. 
208.12     Subd. 24.  [OWNER.] "Owner" includes, but is not limited 
208.13  to, the person with the legal right of possession, 
208.14  proprietorship of, or responsibility for the property or place 
208.15  where any of the articles regulated in this chapter are found, 
208.16  or the person who is in possession of, proprietorship of, or has 
208.17  responsibility for the regulated articles. 
208.18     Subd. 25.  [PERSON.] "Person" means an individual, firm, 
208.19  corporation, partnership, association, trust, joint stock 
208.20  company, unincorporated organization, the state, a state agency, 
208.21  or a political subdivision.  
208.22     Subd. 26.  [PLACE OF ORIGIN.] "Place of origin" means the 
208.23  county and state where nursery stock was most recently certified 
208.24  or grown for at least one full growing season. 
208.25     Subd. 27.  [PLANT.] "Plant" means a plant, plant product, 
208.26  plant part, or reproductive or propagative part of a plant, 
208.27  plant product, or plant part, including all growing media, 
208.28  packing material, or containers associated with the plants, 
208.29  plant parts, or plant products. 
208.30     Subd. 28.  [PLANT PEST.] "Plant pest" means a biotic agent 
208.31  that causes or may cause harm to plants. 
208.32     Subd. 29.  [PUBLIC NUISANCE.] "Public nuisance" means: 
208.33     (1) a plant, appliance, conveyance, or article that is 
208.34  infested with plant pests that may cause significant damage or 
208.35  harm; or 
208.36     (2) premises where a plant pest is found. 
209.1      Subd. 30.  [QUARANTINE.] "Quarantine" means an enforced 
209.2   isolation or restriction of free movement of plants, plant 
209.3   material, animals, animal products, or any article or material 
209.4   in order to treat, control, or eradicate a plant pest. 
209.5      Subd. 31.  [REGULATED NONQUARANTINE PEST.] "Regulated 
209.6   nonquarantine pest" means a plant pest that has not been 
209.7   quarantined by state or federal agencies and whose presence in 
209.8   plants or articles may pose an unacceptable risk to nursery 
209.9   stock, other plants, the environment, or human activities. 
209.10     Subd. 32.  [SALES LOCATION.] "Sales location" means a fixed 
209.11  location from which nursery stock is displayed or distributed. 
209.12     Subd. 33.  [TREE SPADE.] "Tree spade" means a mechanical 
209.13  device or machinery capable of removing nursery stock, root 
209.14  system, and soil from the planting in one operation. 
209.15     Subd. 34.  [TREE SPADE OPERATOR.] "Tree spade operator" 
209.16  means a nursery stock dealer who uses a tree spade to dig 
209.17  nursery stock and sells, offers for sale, distributes, and 
209.18  transports certified nursery stock. 
209.19     Sec. 2.  [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 
209.20     Subdivision 1.  [EMPLOYEES.] The commissioner may employ 
209.21  entomologists, plant pathologists, and other employees necessary 
209.22  to administer this chapter. 
209.23     Subd. 2.  [ENTRY AND INSPECTION; FEES.] (a) The 
209.24  commissioner may enter and inspect a public or private place 
209.25  that might harbor plant pests and may require that the owner 
209.26  destroy or treat plant pests, plants, or other material.  
209.27     (b) If the owner fails to properly comply with a directive 
209.28  of the commissioner within a given period of time, the 
209.29  commissioner may have any necessary work done at the owner's 
209.30  expense.  If the owner does not reimburse the commissioner for 
209.31  the expense within a time specified by the commissioner, the 
209.32  expense is a charge upon the county as provided in subdivision 4.
209.33     (c) If a dangerous plant pest infestation or infection 
209.34  threatens plants of an area in the state, the commissioner may 
209.35  take any measures necessary to eliminate or alleviate the danger.
209.36     (d) The commissioner may collect fees required by this 
210.1   chapter.  
210.2      (e) The commissioner may issue and enforce a written or 
210.3   printed "stop-sale" order to the owner or custodian of any 
210.4   nursery stock if fees required by the nursery are not paid.  The 
210.5   commissioner may not be held liable for the deterioration of 
210.6   nursery stock during the period for which it is held pursuant to 
210.7   a stop-sale order. 
210.8      Subd. 3.  [QUARANTINES.] The commissioner may impose a 
210.9   quarantine to restrict or prohibit the transportation of nursery 
210.10  stock, plants, or other materials capable of carrying plant 
210.11  pests into or through any part of the state. 
210.12     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR OWNER.] 
210.13  If the commissioner incurs an expense in conjunction with 
210.14  carrying out subdivision 2 and is not reimbursed by the owner of 
210.15  the land, the expense is a legal charge against the land.  After 
210.16  the expense is incurred, the commissioner shall file verified 
210.17  and itemized statements of the cost of all services rendered 
210.18  with the county auditor of the county in which the land is 
210.19  located.  The county auditor shall place a lien in favor of the 
210.20  commissioner against the land involved, certified by the county 
210.21  auditor, and collected according to section 429.101. 
210.22     Subd. 5.  [DELEGATION AUTHORITY.] The commissioner may, by 
210.23  written agreements, delegate specific inspection, enforcement, 
210.24  and other regulatory duties of this chapter to officials of 
210.25  other agencies.  This delegation may only be made to a state 
210.26  agency, a political subdivision, or a political subdivision's 
210.27  agency that has signed a joint powers agreement with the 
210.28  commissioner as provided in section 471.59. 
210.29     Subd. 6.  [DISSEMINATION OF INFORMATION.] The commissioner 
210.30  may disseminate information among growers relative to treatment 
210.31  of nursery stock in both prevention and elimination of attack by 
210.32  plant pests and diseases. 
210.33     Subd. 7.  [OTHER DUTIES OF SERVICE.] The commissioner may 
210.34  carry out other duties or responsibilities that are of service 
210.35  to the industry or that may be necessary for the protection of 
210.36  the industry. 
211.1      Sec. 3.  [18H.04] [ADOPTION OF RULES.] 
211.2      The commissioner may adopt rules to carry out the purposes 
211.3   of this chapter.  The rules may include, but are not limited to, 
211.4   rules in regard to labeling and the maintenance of viability and 
211.5   vigor of nursery stock.  Rules of the commissioner that are in 
211.6   effect on July 1, 2003, relating to plant protection, nursery 
211.7   inspection, or the Plant Pest Act remain in effect until they 
211.8   are superseded by new rules. 
211.9      Sec. 4.  [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 
211.10     (a) No person may offer for sale or distribute nursery 
211.11  stock as a nursery stock grower or dealer without first 
211.12  obtaining the appropriate nursery stock certificate from the 
211.13  commissioner.  Certificates are issued solely for these purposes 
211.14  and may not be used for other purposes. 
211.15     (b) A certificate issued by the commissioner expires on 
211.16  December 31 of the year it is issued. 
211.17     (c) A person required to be certified by this section must 
211.18  apply for a certificate or for renewal on a form furnished by 
211.19  the commissioner which must contain: 
211.20     (1) the name and address of the applicant, the number of 
211.21  locations to be operated by the applicant and their addresses, 
211.22  and the assumed business name of the applicant; 
211.23     (2) if other than an individual, a statement whether a 
211.24  person is a partnership, corporation, or other organization; and 
211.25     (3) the type of business to be operated and, if the 
211.26  applicant is an agent, the principals the applicant represents. 
211.27     (d) No person may:  
211.28     (1) falsely claim to be a certified dealer, grower, broker, 
211.29  or agent; or 
211.30     (2) make willful false statements when applying for a 
211.31  certificate. 
211.32     (e) Each application for a certificate must be accompanied 
211.33  by the appropriate certificate fee under section 18H.07. 
211.34     (f) Certificates issued by the commissioner must be 
211.35  prominently displayed to the public in the place of business 
211.36  where nursery stock is sold or distributed. 
212.1      (g) The commissioner may refuse to issue a certificate for 
212.2   cause. 
212.3      (h) Each grower or dealer is entitled to one sales location 
212.4   under the certificate of the grower or dealer.  Each additional 
212.5   sales location maintained by the person requires the payment of 
212.6   the full certificate fee for each additional sales outlet. 
212.7      (i) A grower who is also a dealer is certified only as a 
212.8   grower for that specific site. 
212.9      (j) A certificate is personal to the applicant and may not 
212.10  be transferred.  A new certificate is necessary if the business 
212.11  entity is changed or if the membership of a partnership is 
212.12  changed, whether or not the business name is changed. 
212.13     (k) The certificate issued to a dealer or grower applies to 
212.14  the particular premises named in the certificate.  However, if 
212.15  prior approval is obtained from the commissioner, the place of 
212.16  business may be moved to the other premises or location without 
212.17  an additional certificate fee. 
212.18     (l) A collector of nursery stock from the wild is required 
212.19  to obtain a dealer's certificate from the commissioner and is 
212.20  subject to all the requirements that apply to the inspection of 
212.21  nursery stock.  All collected nursery stock must be labeled as 
212.22  "collected from the wild." 
212.23     Sec. 5.  [18H.06] [EXEMPT NURSERY SALES.] 
212.24     Subdivision 1.  [NOT-FOR-PROFIT SALES.] An organization or 
212.25  individual may offer for sale certified nursery stock and be 
212.26  exempt from the requirement to obtain a nursery stock dealer 
212.27  certificate if sales are conducted by a nonprofit charitable, 
212.28  educational, or religious organization that: 
212.29     (1) conducts sales or distributions of certified nursery 
212.30  stock on 14 or fewer days in a calendar year; and 
212.31     (2) uses the proceeds from its certified nursery stock 
212.32  sales or distribution for charitable, educational, or religious 
212.33  purposes. 
212.34     Subd. 2.  [NURSERY HOBBYIST SALES.] (a) An organization or 
212.35  individual may offer nursery stock for sale and be exempt from 
212.36  the requirement to obtain a nursery stock dealer certificate if: 
213.1      (1) the gross sales of all nursery stock in a calendar year 
213.2   do not exceed $2,000; 
213.3      (2) all nursery stock sold or distributed by the hobbyist 
213.4   is intended for planting in Minnesota; and 
213.5      (3) all nursery stock purchased or procured for resale or 
213.6   distribution was grown in Minnesota and has been certified by 
213.7   the commissioner. 
213.8      (b) The commissioner may prescribe the conditions of the 
213.9   exempt nursery sales under this subdivision and may conduct 
213.10  routine inspections of the nursery stock offered for sale. 
213.11     Sec. 6.  [18H.07] [FEE SCHEDULE.] 
213.12     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
213.13  shall establish fees sufficient to allow for the administration 
213.14  and enforcement of this chapter and rules adopted under this 
213.15  chapter, including the portion of general support costs and 
213.16  statewide indirect costs of the agency attributable to that 
213.17  function, with a reserve sufficient for up to six months.  The 
213.18  commissioner shall review the fee schedule annually in 
213.19  consultation with the Minnesota nursery and landscape advisory 
213.20  committee.  For the certificate year beginning January 1, 2004, 
213.21  the fees are as described in this section. 
213.22     Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
213.23  stock grower must pay an annual fee based on the area of all 
213.24  acreage on which nursery stock is grown for certification as 
213.25  follows: 
213.26     (1) less than one-half acre, $150; 
213.27     (2) from one-half acre to two acres, $200; 
213.28     (3) over two acres up to five acres, $300; 
213.29     (4) over five acres up to ten acres, $350; 
213.30     (5) over ten acres up to 20 acres, $500; 
213.31     (6) over 20 acres up to 40 acres, $650; 
213.32     (7) over 40 acres up to 50 acres, $800; 
213.33     (8) over 50 acres up to 200 acres, $1,100; 
213.34     (9) over 200 acres up to 500 acres, $1,500; and 
213.35     (10) over 500 acres, $1,500 plus $2 for each additional 
213.36  acre. 
214.1      (b) In addition to the fees in paragraph (a), a penalty of 
214.2   ten percent of the fee due must be charged for each month that 
214.3   the fee is delinquent for any application for renewal not 
214.4   received by January 1 of the year following expiration of a 
214.5   certificate. 
214.6      Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
214.7   stock dealer must pay an annual fee based on the dealer's gross 
214.8   sales of nursery stock per location during the preceding 
214.9   certificate year.  A certificate applicant operating for the 
214.10  first time must pay the minimum fee.  The fees per sales 
214.11  location are: 
214.12     (1) gross sales up to $20,000, $150; 
214.13     (2) gross sales over $20,000 up to $100,000, $175; 
214.14     (3) gross sales over $100,000 up to $250,000, $300; 
214.15     (4) gross sales over $250,000 up to $500,000, $425; 
214.16     (5) gross sales over $500,000 up to $1,000,000, $550; 
214.17     (6) gross sales over $1,000,000 up to $2,000,000, $675; and 
214.18     (7) gross sales over $2,000,000, $800. 
214.19     (b) In addition to the fees in paragraph (a), a penalty of 
214.20  ten percent of the fee due must be charged for each month that 
214.21  the fee is delinquent for any application for renewal not 
214.22  received by January 1 of the year following expiration of a 
214.23  certificate. 
214.24     Subd. 4.  [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 
214.25  FEES.] If a reinspection is required or an additional inspection 
214.26  is needed or requested a fee must be assessed based on mileage 
214.27  and inspection time as follows: 
214.28     (1) mileage must be charged at the current United States 
214.29  Internal Revenue Service reimbursement rate; and 
214.30     (2) inspection time must be charged at the rate of $50 per 
214.31  hour, including the driving time to and from the location in 
214.32  addition to the time spent conducting the inspection. 
214.33     Sec. 7.  [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 
214.34     Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
214.35  make small lot inspections or perform other necessary services 
214.36  for which another charge is not specified.  For these services 
215.1   the commissioner shall set a fee plus expenses that will recover 
215.2   the cost of performing this service.  The commissioner may set 
215.3   an additional acreage fee for inspection of seed production 
215.4   fields for exporters in order to meet domestic and foreign plant 
215.5   quarantine requirements. 
215.6      Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
215.7   commissioner may provide special services such as virus 
215.8   disease-free certification and other similar programs.  
215.9   Participation by nursery stock growers is voluntary.  Plants 
215.10  offered for sale as certified virus-free must be grown according 
215.11  to certain procedures in a manner defined by the commissioner 
215.12  for the purpose of eliminating viruses and other injurious 
215.13  disease or insect pests.  The commissioner shall collect 
215.14  reasonable fees from participating nursery stock growers for 
215.15  services and materials that are necessary to conduct this type 
215.16  of work.  
215.17     Sec. 8.  [18H.09] [NURSERY INSPECTIONS REQUIRED.] 
215.18     (a) All nursery stock growing sites in Minnesota must have 
215.19  had an inspection by the commissioner during the previous 12 
215.20  months and found apparently free from quarantine and regulated 
215.21  nonquarantine pests as well as significantly dangerous or 
215.22  potentially damaging plant pests.  All nursery stock originating 
215.23  from out of state and offered for sale in Minnesota must have 
215.24  been inspected by the appropriate state or federal agency during 
215.25  the previous 12 months and found free from quarantine and 
215.26  regulated nonquarantine pests as well as significantly dangerous 
215.27  or potentially damaging plant pests.  A nursery stock 
215.28  certificate is valid from January 1 to December 31. 
215.29     (b) Nursery stock must be accessible to the commissioner 
215.30  for inspection during regular business hours.  Weeds or other 
215.31  growth that hinder a proper inspection are grounds to suspend or 
215.32  withhold a certificate or require a reinspection. 
215.33     (c) Inspection reports issued to growers must contain a 
215.34  list of the plant pests found at the time of inspection.  
215.35  Withdrawal-from-distribution orders are considered part of the 
215.36  inspection reports.  A withdrawal-from-distribution order must 
216.1   contain a list of plants withdrawn from distribution and the 
216.2   location of the plants. 
216.3      (d) The commissioner may post signs to delineate sections 
216.4   withdrawn from distribution.  These signs must remain in place 
216.5   until the commissioner removes them or grants written permission 
216.6   to the grower to remove the signs. 
216.7      (e) Inspection reports issued to dealers must outline the 
216.8   violations involved and corrective actions to be taken including 
216.9   withdrawal-from-distribution orders which would specify nursery 
216.10  stock that could not be distributed from a certain area. 
216.11     (f) Optional inspections of plants may be conducted by the 
216.12  commissioner upon request by any persons desiring an 
216.13  inspection.  A fee as provided in section 18H.07 must be charged 
216.14  for such an inspection. 
216.15     Sec. 9.  [18H.10] [STORAGE OF NURSERY STOCK.] 
216.16     All nursery stock must be kept and displayed under 
216.17  conditions of temperature, light, and moisture sufficient to 
216.18  maintain the viability and vigor of the nursery stock. 
216.19     Sec. 10.  [18H.11] [NURSERY STOCK STANDARDS.] 
216.20     The American Standard for Nursery Stock, ANSI Z60.1, 
216.21  published by the Nursery and Landscape Association, must be used 
216.22  by the commissioner in determining standards and grades of 
216.23  nursery stock when not in conflict with this chapter. 
216.24     Sec. 11.  [18H.12] [DAMAGED, DISEASED, INFESTED, OR 
216.25  MISREPRESENTED STOCK.] 
216.26     (a) No person may knowingly offer to distribute, advertise, 
216.27  or display nursery stock that is infested or infected with 
216.28  quarantine or regulated nonquarantine pests or significant 
216.29  dangerous or potentially damaging plant pests, including noxious 
216.30  weeds or nursery stock that is in a dying condition, desiccated, 
216.31  frozen or damaged by freezing, or materially damaged in any way. 
216.32     (b) No person may knowingly offer to distribute, advertise, 
216.33  or display nursery stock that may result in the capacity and 
216.34  tendency or effect of deceiving any purchaser or prospective 
216.35  purchaser as to the quantity, size, grade, kind, species name, 
216.36  age, variety, maturity, condition, vigor, hardiness, number of 
217.1   times transplanted, growth ability, growth characteristics, rate 
217.2   of growth, time required before flowering or fruiting, price, 
217.3   origin, place where grown, or any other material respect. 
217.4      (c) Upon discovery or notification of damaged, diseased, 
217.5   infested, or misrepresented stock, the commissioner may place a 
217.6   stop-sale and distribution order on the material.  The order 
217.7   makes it an illegal action to distribute, give away, destroy, 
217.8   alter, or tamper with the plants. 
217.9      (d) The commissioner may conspicuously mark all plants, 
217.10  materials, and articles known or suspected to be infected or 
217.11  infested with quarantine or regulated nonquarantine pests or 
217.12  significant dangerous or potentially damaging plant pests.  The 
217.13  commissioner shall notify the persons, owners, or the tenants in 
217.14  possession of the premises or area in question of the existence 
217.15  of the plant pests. 
217.16     (e) If the commissioner determines that this chapter has 
217.17  been violated, the commissioner may order that the nuisance, 
217.18  infestation, infection, or plant pest be abated by whatever 
217.19  means necessary, including, but not limited to, destruction, 
217.20  confiscation, treatment, return shipment, or quarantine. 
217.21     (f) The plant owner is liable for all costs associated with 
217.22  a stop order or a quarantine, treatment, or destruction of 
217.23  plants.  The commissioner is not liable for any actual or 
217.24  incidental costs incurred by a person due to authorized actions 
217.25  of the commissioner.  The commissioner must be reimbursed by the 
217.26  owner of plants for actual expenses incurred by the commissioner 
217.27  in carrying out a stop order. 
217.28     Sec. 12.  [18H.13] [SHIPMENT OF NURSERY STOCK INTO 
217.29  MINNESOTA.] 
217.30     Subdivision 1.  [LABELING.] Plants, plant materials, or 
217.31  nursery stock distributed into Minnesota must be conspicuously 
217.32  labeled on the exterior with the name of the consignor, the 
217.33  state of origin, and the name of the consignee and must be 
217.34  accompanied by certification documents to satisfy all applicable 
217.35  state and federal quarantines.  Proof of valid nursery 
217.36  certification must also accompany the shipment.  It is the 
218.1   shared responsibility of both the consignee and consignor to 
218.2   examine all shipments for the presence of current and applicable 
218.3   nursery stock certifications for all plant material from all 
218.4   sources of stock in each shipment. 
218.5      Subd. 2.  [RECIPROCITY.] A person residing outside the 
218.6   state may distribute nursery stock in Minnesota if: 
218.7      (1) the person is duly certified under the nursery laws of 
218.8   the state where the nursery stock originates and the laws of 
218.9   that state are essentially equivalent to the laws of Minnesota 
218.10  as determined by the commissioner; and 
218.11     (2) the person complies with this chapter and the rules 
218.12  governing nursery stock distributed in Minnesota. 
218.13     Subd. 3.  [RECIPROCAL AGREEMENTS.] The commissioner may 
218.14  cooperate with and enter into reciprocal agreements with other 
218.15  states regarding licensing and movement of nursery stock.  
218.16  Reciprocal agreements with other states do not prevent the 
218.17  commissioner from prohibiting the distribution in Minnesota of 
218.18  any nursery stock that fails to meet minimum criteria for 
218.19  nursery stock of Minnesota certified growers, dealers, or both.  
218.20  An official directory of certified nurseries and related nursery 
218.21  industry businesses from other states is acceptable in lieu of 
218.22  individual nursery certificates. 
218.23     Subd. 4.  [FOREIGN NURSERY STOCK.] A person receiving a 
218.24  shipment of nursery stock from a foreign country that has not 
218.25  been inspected and released by the United States Department of 
218.26  Agriculture at the port of entry must notify the commissioner of 
218.27  the arrival of the shipment, its contents, and the name of the 
218.28  consignor.  The person must hold the shipment unopened until 
218.29  inspected or released by the commissioner. 
218.30     Subd. 5.  [TRANSPORTATION COMPANIES.] A person who acts as 
218.31  the representative of a transportation company, private carrier, 
218.32  commercial shipper, common carrier, express parcel carrier, or 
218.33  other transportation entity, and receives, ships, or otherwise 
218.34  distributes a carload, box, container, or any package of plants, 
218.35  plant materials, or nursery stock, that does not have all 
218.36  required certificates attached as required or fails to 
219.1   immediately notify the commissioner is in violation of this 
219.2   chapter. 
219.3      Sec. 13.  [18H.14] [LABELING AND ADVERTISING OF NURSERY 
219.4   STOCK.] 
219.5      (a) Plants, plant materials, or nursery stock must not be 
219.6   labeled or advertised with false or misleading information 
219.7   including, but not limited to, scientific name, variety, place 
219.8   of origin, hardiness zone as defined by the United States 
219.9   Commissioner of Agriculture, and growth habit. 
219.10     (b) A person may not offer for distribution plants, plant 
219.11  materials, or nursery stock, represented by some specific or 
219.12  special form of notation, including, but not limited to, "free 
219.13  from" or "grown free of," unless the plants are produced under a 
219.14  specific program approved by the commissioner to address the 
219.15  specific plant properties addressed in the special notation 
219.16  claim. 
219.17     Sec. 14.  [18H.15] [VIOLATIONS.] 
219.18     (a) A person who offers to distribute nursery stock that is 
219.19  uncertified, uninspected, or falsely labeled or advertised 
219.20  possesses an illegal regulated commodity that is considered 
219.21  infested or infected with harmful plant pests and subject to 
219.22  regulatory action and control.  If the commissioner determines 
219.23  that the provisions of this section have been violated, the 
219.24  commissioner may order the destruction of all of the plants 
219.25  unless the person: 
219.26     (1) provides proper phytosanitary preclearance, 
219.27  phytosanitary certification, or nursery stock certification; 
219.28     (2) agrees to have the plants, plant materials, or nursery 
219.29  stock returned to the consignor; and 
219.30     (3) provides proper documentation, certification, or 
219.31  compliance to support advertising claims. 
219.32     (b) The plant owner is liable for all costs associated with 
219.33  a withdrawal-from-distribution order or the quarantine, 
219.34  treatment, or destruction of plants.  The commissioner is not 
219.35  liable for actual or incidental costs incurred by a person due 
219.36  to the commissioner's actions.  The commissioner must be 
220.1   reimbursed by the owner of the plants for the actual expenses 
220.2   incurred in carrying out a withdrawal-from-distribution order or 
220.3   the quarantine, treatment, or destruction of any plants. 
220.4      (c) It is unlawful for a person to: 
220.5      (1) misrepresent, falsify, or knowingly distribute, sell, 
220.6   advertise, or display damaged, mislabeled, misrepresented, 
220.7   infested, or infected nursery stock; 
220.8      (2) fail to obtain a nursery certificate as required by the 
220.9   commissioner; 
220.10     (3) fail to renew a nursery certificate, but continue 
220.11  business operations; 
220.12     (4) fail to display a nursery certificate; 
220.13     (5) misrepresent or falsify a nursery certificate; 
220.14     (6) refuse to submit to a nursery inspection; 
220.15     (7) fail to provide the cooperation necessary to conduct a 
220.16  successful nursery inspection; 
220.17     (8) offer for sale uncertified plants, plant materials, or 
220.18  nursery stock; 
220.19     (9) possess an illegal regulated commodity; 
220.20     (10) violate or disobey a commissioner's order; 
220.21     (11) violate a quarantine issued by the commissioner; 
220.22     (12) fail to obtain phytosanitary certification for plant 
220.23  material or nursery stock brought into Minnesota; 
220.24     (13) deface, mutilate, or destroy a nursery stock 
220.25  certificate, phytosanitary certificate, or phytosanitary 
220.26  preclearance certificate, or other commissioner mark, permit, or 
220.27  certificate; 
220.28     (14) fail to notify the commissioner of an uncertified 
220.29  shipment of plants, plant materials, or nursery stock; or 
220.30     (15) transport uncertified plants, plant materials, or 
220.31  nursery stock in Minnesota. 
220.32     Sec. 15.  [18H.16] [POLITICAL SUBDIVISION ORDINANCES.] 
220.33     A political subdivision must not enact an ordinance or 
220.34  resolution that conflicts with this chapter. 
220.35     Sec. 16.  [18H.17] [NURSERY AND PHYTOSANITARY ACCOUNT.] 
220.36     A nursery and phytosanitary account is established in the 
221.1   state treasury.  The fees and penalties collected under this 
221.2   chapter and interest attributable to money in the account must 
221.3   be deposited in the state treasury and credited to the nursery 
221.4   and phytosanitary account in the agricultural fund.  Money in 
221.5   the account, including interest earned, is annually appropriated 
221.6   to the commissioner for the administration and enforcement for 
221.7   this chapter. 
221.8      Sec. 17.  [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.] 
221.9      Subdivision 1.  [RESTRICTIONS ON COLLECTING.] No person 
221.10  shall distribute the state flower (Cypripedium reginae), or any 
221.11  species of lady slipper (Cypripedieae), any member of the orchid 
221.12  family, any gentian (Gentiana), arbutus (epigaea repens), lilies 
221.13  (Lilium), coneflowers (Echinacea), bloodroot (Sanguinaria 
221.14  Canadensis), mayapple (Podophyllum peltatutum), any species of 
221.15  trillium, or lotus (Nelumbo lutea), which have been collected in 
221.16  any manner from any public or private property without the 
221.17  written permission of the property owner and written 
221.18  authorization from the commissioner. 
221.19     Subd. 2.  [COLLECTION WITHOUT SALE.] Wildflower collection 
221.20  from public or private land for the purpose of transplanting the 
221.21  plants to a person's private property and not offering for 
221.22  immediate sale, requires the written permission from the 
221.23  property owner of the land on which the wildflowers are growing. 
221.24     Subd. 3.  [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 
221.25  WILDFLOWERS.] (a) The wildflowers listed in this section may be 
221.26  offered for immediate sale only if the plants are to be used for 
221.27  scientific or herbarium purposes. 
221.28     (b) The wildflowers listed in this section must not be 
221.29  collected and sold commercially unless the plants are: 
221.30     (1) growing naturally, collected, and cultivated on the 
221.31  collector's property; or 
221.32     (2) collected through the process described in subdivision 
221.33  2 and transplanted and cultivated on the collector's property. 
221.34     (c) The collector must obtain a written permit from the 
221.35  commissioner before the plants may be offered for commercial 
221.36  sale. 
222.1                              ARTICLE 5 
222.2                               SEED LAW 
222.3      Section 1.  Minnesota Statutes 2002, section 21.81, is 
222.4   amended by adding a subdivision to read: 
222.5      Subd. 7a.  [DORMANT.] "Dormant" means viable seed, 
222.6   exclusive of hard seed, that fail to germinate under the 
222.7   specified germination conditions for the kind of seed. 
222.8      Sec. 2.  Minnesota Statutes 2002, section 21.81, 
222.9   subdivision 8, is amended to read: 
222.10     Subd. 8.  [FLOWER SEEDS.] "Flower seeds" includes seeds of 
222.11  herbaceous plants grown for their blooms, ornamental foliage, or 
222.12  other ornamental parts and commonly known and sold under the 
222.13  name of flower seeds in this state.  This does not include 
222.14  native or introduced wildflowers. 
222.15     Sec. 3.  Minnesota Statutes 2002, section 21.81, is amended 
222.16  by adding a subdivision to read: 
222.17     Subd. 10a.  [HARD SEED.] "Hard seed" means seeds that 
222.18  remain hard at the end of the prescribed test period because 
222.19  they have not absorbed water due to an impermeable seed coat. 
222.20     Sec. 4.  Minnesota Statutes 2002, section 21.81, is amended 
222.21  by adding a subdivision to read: 
222.22     Subd. 11a.  [INERT MATTER.] "Inert matter" means all matter 
222.23  that is not seed, including broken seeds, sterile florets, 
222.24  chaff, fungus bodies, and stones as determined by methods 
222.25  defined by rule. 
222.26     Sec. 5.  Minnesota Statutes 2002, section 21.81, is amended 
222.27  by adding a subdivision to read: 
222.28     Subd. 16a.  [NATIVE WILDFLOWER.] "Native wildflower" means 
222.29  a kind, type, or variety of wildflower derived from wildflowers 
222.30  that are indigenous to North America. 
222.31     Sec. 6.  Minnesota Statutes 2002, section 21.81, is amended 
222.32  by adding a subdivision to read: 
222.33     Subd. 17b.  [ORIGIN.] "Origin," for an indigenous stand of 
222.34  trees, means the area on which the trees are growing and, for a 
222.35  nonindigenous stand, the place from which the seed or plants 
222.36  were originally introduced.  "Origin" for agricultural and 
223.1   vegetable seed is the area where the seed was produced, and for 
223.2   native grasses and forbs, it is the area where the original seed 
223.3   was harvested. 
223.4      Sec. 7.  Minnesota Statutes 2002, section 21.81, is amended 
223.5   by adding a subdivision to read: 
223.6      Subd. 17c.  [OTHER CROP SEED.] "Other crop seed" means seed 
223.7   of plants grown as crops, other than the variety included in the 
223.8   pure seed, as determined by methods defined by rule. 
223.9      Sec. 8.  Minnesota Statutes 2002, section 21.81, is amended 
223.10  by adding a subdivision to read: 
223.11     Subd. 17d.  [PERSON.] "Person" means an individual, firm, 
223.12  corporation, partnership, association, trust, joint stock 
223.13  company, or unincorporated organization; the state, a state 
223.14  agency, or a political subdivision. 
223.15     Sec. 9.  Minnesota Statutes 2002, section 21.82, is amended 
223.16  to read: 
223.17     21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR 
223.18  FLOWER, OR WILDFLOWER SEEDS.] 
223.19     Subdivision 1.  [FORM.] Each container of agricultural, 
223.20  vegetable, or flower, or wildflower seed which is offered for 
223.21  sale for sowing purposes shall must bear or have attached in a 
223.22  conspicuous place a plainly written or printed label or tag in 
223.23  the English language giving the information required by this 
223.24  section.  This statement shall must not be modified or denied in 
223.25  the labeling or on another label attached to the container.  
223.26     Subd. 2.  [CONTENT.] For agricultural, vegetable, or 
223.27  flower, or wildflower seeds offered for sale as agricultural 
223.28  seed, except as otherwise provided in subdivisions 4, 5, and 
223.29  6, 7 and 8, the label shall must contain:  
223.30     (a) The name of the kind or kind and variety for each 
223.31  agricultural or vegetable seed component in excess of five 
223.32  percent of the whole and the percentage by weight of each in 
223.33  order of its predominance.  The commissioner shall by rule 
223.34  designate the kinds that are required to be labeled as to 
223.35  variety.  If the variety of those kinds generally labeled as to 
223.36  variety is not stated and it is not required to be stated, the 
224.1   label shall show the name of the kind and the words:  "Variety 
224.2   not stated."  The heading "pure seed" must be indicated on the 
224.3   seed label in close association with other required label 
224.4   information.  
224.5      (1) The percentage that is hybrid shall be at least 95 
224.6   percent of the percentage of pure seed shown unless the 
224.7   percentage of pure seed which is hybrid seed is shown 
224.8   separately.  If two or more kinds or varieties are present in 
224.9   excess of five percent and are named on the label, each that is 
224.10  hybrid shall be designated as hybrid on the label.  Any one kind 
224.11  or kind and variety that has pure seed which is less than 95 
224.12  percent but more than 75 percent hybrid seed as a result of 
224.13  incompletely controlled pollination in a cross shall be labeled 
224.14  to show the percentage of pure seed that is hybrid seed or a 
224.15  statement such as "contains from 75 percent to 95 percent hybrid 
224.16  seed."  No one kind or variety of seed shall be labeled as 
224.17  hybrid if the pure seed contains less than 75 percent hybrid 
224.18  seed.  The word hybrid shall be shown on the label in 
224.19  conjunction with the kind.  
224.20     (2) Blends shall be listed on the label using the term 
224.21  "blend" in conjunction with the kind.  
224.22     (3) Mixtures shall be listed on the label using the term 
224.23  "mixture," "mix," or "mixed."  
224.24     (b) Lot number or other lot identification.  
224.25     (c) Origin, if known, or that the origin is unknown.  
224.26     (d) Percentage by weight of all weed seeds present in 
224.27  agricultural, vegetable, or flower seed.  This percentage may 
224.28  not exceed one percent.  If weed seeds are not present in 
224.29  vegetable or flower seeds, The heading "weed seeds seed" may be 
224.30  omitted from the label must be indicated on the seed label in 
224.31  close association with other required label information.  
224.32     (e) Name and rate of occurrence per pound of each kind of 
224.33  restricted noxious weed seeds present.  They shall must be 
224.34  listed under the heading "noxious weed seeds."  If noxious weed 
224.35  seeds are not present in vegetable or flower seeds, the heading 
224.36  "noxious weed seeds" may be omitted from the label in close 
225.1   association with other required label information.  
225.2      (f) Percentage by weight of agricultural, vegetable, or 
225.3   flower seeds other than those kinds and varieties required to be 
225.4   named on the label.  They shall must be listed under the heading 
225.5   "other crop."  If "other crop" seeds are not present in 
225.6   vegetable or flower seeds, the heading "other crop" may be 
225.7   omitted from the label in close association with other required 
225.8   label information.  
225.9      (g) Percentage by weight of inert matter.  The heading 
225.10  "inert matter" must be indicated on the seed label in close 
225.11  association with other required label information.  
225.12     (h) Net weight of contents, to appear on either the 
225.13  container or the label, except that in the case of vegetable or 
225.14  flower seed containers with contents of 200 seeds or less, a 
225.15  statement indicating the number of seeds in the container may be 
225.16  listed along with or in lieu of the net weight of contents.  
225.17     (i) For each named agricultural or vegetable kind or 
225.18  variety of seed:  
225.19     (1) percentage of germination, exclusive of hard or dormant 
225.20  seed or both; 
225.21     (2) percentage of hard or dormant seed or both, if present; 
225.22  and 
225.23     (3) the calendar month and year the percentages were 
225.24  determined by test or the statement "sell by (month and year)" 
225.25  which may not be more than 12 months from the date of test, 
225.26  exclusive of the month of test.  
225.27  The headings for "germination" and "hard seed or dormant seed" 
225.28  percentages must be stated separately on the seed label.  A 
225.29  separate percentage derived from combining these percentages may 
225.30  also be stated on the seed label, but the heading for this 
225.31  percentage must be "total germination and hard seed or dormant 
225.32  seed when applicable."  They must not be stated as "total live 
225.33  seed," "total germination," or in any other unauthorized manner. 
225.34     (j) Name and address of the person who labeled the seed or 
225.35  who sells the seed within this state, or a code number which has 
225.36  been registered with the commissioner.  
226.1      Subd. 3.  [TREATED SEED.] For all named agricultural, 
226.2   vegetable, or flower, or wildflower seeds which are treated, for 
226.3   which a separate label may be used, the label shall must contain:
226.4      (a) (1) a word or statement to indicate that the seed has 
226.5   been treated; 
226.6      (b) (2) the commonly accepted, coined, chemical, or 
226.7   abbreviated generic chemical name of the applied substance; 
226.8      (c) (3) the caution statement "Do not use for food, feed, 
226.9   or oil purposes" if the substance in the amount present with the 
226.10  seed is harmful to human or other vertebrate animals; 
226.11     (d) (4) in the case of mercurials or similarly toxic 
226.12  substances, a poison statement and symbol; 
226.13     (e) (5) a word or statement describing the process used 
226.14  when the treatment is not of pesticide origin; and 
226.15     (f) (6) the date beyond which the inoculant is considered 
226.16  ineffective if the seed is treated with an inoculant.  It shall 
226.17  must be listed on the label as "inoculant:  expires (month and 
226.18  year)" or wording that conveys the same meaning.  
226.19     Subd. 4.  [HYBRID SEED CORN.] For hybrid seed corn purposes 
226.20  a label shall must contain:  
226.21     (a) (1) a statement indicating the number of seeds in the 
226.22  container may be listed along with or in lieu of the net weight 
226.23  of contents; and 
226.24     (b) (2) for each variety of hybrid seed field corn, the day 
226.25  classification as determined by the originator or owner.  The 
226.26  day classification shall must approximate the number of days of 
226.27  growing season necessary from emergence of the corn plant above 
226.28  ground to relative maturity and shall must conform to the day 
226.29  classification established by the director of the Minnesota 
226.30  agricultural experiment station for the appropriate zone.  
226.31     Subd. 5.  [GRASS SEED.] For grass seed and mixtures of 
226.32  grass seeds intended for lawn and turf purposes, the 
226.33  requirements in clauses paragraphs (a) to (c) and (b) must be 
226.34  met.  
226.35     (a) The label shall must contain the percentage by weight 
226.36  of inert matter, up to ten percent by weight except for those 
227.1   kinds specified by rule.  The percentage by weight of foreign 
227.2   material not common to grass seed must be listed as a separate 
227.3   item in close association with the inert matter 
227.4   percentage statement "sell by (month and year listed here)" 
227.5   which may be no more than 15 months from the date of test, 
227.6   exclusive of the month of test.  
227.7      (b) If the seed contains no "other crop" seed, the 
227.8   following statement may be used and may be flagged:  "contains 
227.9   no other crop seed."  
227.10     (c) When grass seeds are sold outside their original 
227.11  containers, the labeling requirements are met if the seed is 
227.12  weighed from a properly labeled container in the presence of the 
227.13  purchaser.  
227.14     Subd. 6.  [COATED AGRICULTURAL SEEDS.] For coated 
227.15  agricultural seeds the label shall must contain:  
227.16     (a) (1) percentage by weight of pure seeds with coating 
227.17  material removed; 
227.18     (b) (2) percentage by weight of coating material shown as a 
227.19  separate item in close association with the percentage of inert 
227.20  matter; and 
227.21     (c) (3) percentage of germination determined on 400 pellets 
227.22  with or without seeds.  
227.23     Subd. 7.  [VEGETABLE SEEDS.] For vegetable seeds prepared 
227.24  for use in home gardens or household plantings the requirements 
227.25  in clauses paragraphs (a) to (d) (p) apply.  The origin may be 
227.26  omitted from the label.  Vegetable seeds packed for sale in 
227.27  commercial quantities to farmers, conservation groups, and other 
227.28  similar entities are considered agricultural seeds and must be 
227.29  labeled accordingly.  
227.30     (a) The label shall must contain the following: name of the 
227.31  kind or kind and variety for each seed component in excess of 
227.32  five percent of the whole and the percentage by weight of each 
227.33  in order of its predominance.  If the variety of those kinds 
227.34  generally labeled as to variety is not stated and it is not 
227.35  required to be stated, the label must show the name of the kind 
227.36  and the words "variety not stated." 
228.1      (b) The percentage that is hybrid must be at least 95 
228.2   percent of the percentage of pure seed shown unless the 
228.3   percentage of pure seed which is hybrid seed is shown 
228.4   separately.  If two or more kinds of varieties are present in 
228.5   excess of five percent and are named on the label, each that is 
228.6   hybrid must be designated as hybrid on the label.  Any one kind 
228.7   or kind and variety that has pure seed that is less than 95 
228.8   percent but more than 75 percent hybrid seed as a result of 
228.9   incompletely controlled pollination in a cross must be labeled 
228.10  to show the percentage of pure seed that is hybrid seed or a 
228.11  statement such as "contains from 75 percent to 95 percent hybrid 
228.12  seed."  No one kind or variety of seed may be labeled as hybrid 
228.13  if the pure seed contains less than 75 percent hybrid seed.  The 
228.14  word "hybrid" must be shown on the label in conjunction with the 
228.15  kind. 
228.16     (c) Blends must be listed on the label using the term 
228.17  "blend" in conjunction with the kind. 
228.18     (d) Mixtures shall be listed on the label using the term 
228.19  "mixture," "mix," or "mixed." 
228.20     (e) The label must show a lot number or other lot 
228.21  identification. 
228.22     (f) The origin may be omitted from the label.  
228.23     (1) (g) The label must show the year for which the seed was 
228.24  packed for sale listed as "packed for (year)," or for seed with 
228.25  a percentage of germination that exceeds the standard last 
228.26  established by the commissioner, the percentage of germination 
228.27  and the calendar month and year that the percentages were 
228.28  determined by test; and, or the calendar month and year the 
228.29  germination test was completed and the statement "sell by (month 
228.30  and year listed here)," which may be no more than 12 months from 
228.31  the date of test, exclusive of the month of test. 
228.32     (2) (h) For vegetable seeds which germinate less than the 
228.33  standard last established by the commissioner, the label must 
228.34  show:  
228.35     (i) (1) a percentage of germination, exclusive of hard or 
228.36  dormant seed or both; 
229.1      (ii) (2) a percentage of hard or dormant seed or both, if 
229.2   present; and 
229.3      (iii) (3) the words "below standard" in not less than eight 
229.4   point type and the month and year the percentages were 
229.5   determined by test. 
229.6      (i) The net weight of the contents must appear on either 
229.7   the container or the label, except that for containers with 
229.8   contents of 200 seeds or less a statement indicating the number 
229.9   of seeds in the container may be listed along with or in lieu of 
229.10  the net weight of contents.  
229.11     (b) (j) The heading for and percentage by weight of pure 
229.12  seed may be omitted from a label if the total is more than 90 
229.13  percent. 
229.14     (k) The heading for and percentage by weight of weed seed 
229.15  may be omitted from a label if they are not present in the seed. 
229.16     (l) The heading "noxious weed seeds" may be omitted from a 
229.17  label if they are not present in the seed. 
229.18     (m) The heading for and percentage by weight of other crop 
229.19  seed may be omitted from a label if it is less than five percent.
229.20     (c) (n) The heading for and percentage by weight of inert 
229.21  matter may be omitted from a label if it is less than ten 
229.22  percent. 
229.23     (o) The label must contain the name and address of the 
229.24  person who labeled the seed or who sells the seed in this state 
229.25  or a code number that has been registered with the commissioner. 
229.26     (d) (p) The labeling requirements for vegetable seeds 
229.27  prepared for use in home gardens or household plantings when 
229.28  sold outside their original containers are met if the seed is 
229.29  weighed from a properly labeled container in the presence of the 
229.30  purchaser.  
229.31     Subd. 8.  [FLOWER SEEDS.] (a) All flower seed labels shall 
229.32  contain: For flower and wildflower seeds prepared for use in 
229.33  home gardens or household plantings, the requirements in 
229.34  paragraphs (a) to (l) apply.  Flower and wildflower seeds packed 
229.35  for sale in commercial quantities to farmers, conservation 
229.36  groups, and other similar entities are considered agricultural 
230.1   seeds and must be labeled accordingly.  
230.2      (1) (a) The label must contain the name of the kind and 
230.3   variety or a statement of type and performance characteristics 
230.4   as prescribed by rules; rule. 
230.5      (b) The percentage that is hybrid must be at least 95 
230.6   percent of the percentage of pure seed shown unless the 
230.7   percentage of pure seed which is hybrid seed is shown 
230.8   separately.  If two or more kinds of varieties are present in 
230.9   excess of five percent and are named on the label, each that is 
230.10  hybrid must be designated as hybrid on the label.  Any one kind 
230.11  or kind and variety that has pure seed that is less than 95 
230.12  percent but more than 75 percent hybrid seed as a result of 
230.13  incompletely controlled pollination in a cross must be labeled 
230.14  to show the percentage of pure seed that is hybrid seed or a 
230.15  statement such as "contains from 75 percent to 95 percent hybrid 
230.16  seed."  No one kind or variety of seed may be labeled as hybrid 
230.17  if the pure seed contains less than 75 percent hybrid seed.  The 
230.18  word "hybrid" must be shown on the label in conjunction with the 
230.19  kind. 
230.20     (c) Blends must be listed on the label using the term 
230.21  "blend" in conjunction with the kind. 
230.22     (d) Mixtures must be listed on the label using the term 
230.23  "mixture," "mix," or "mixed." 
230.24     (e) The label must contain the lot number or other lot 
230.25  identification. 
230.26     (f) The origin may be omitted from the label. 
230.27     (2) (g) The label must contain the year for which the seed 
230.28  was packed for sale listed as "packed for (year)," or for seed 
230.29  with a percentage of germination that exceeds the standard last 
230.30  established by the commissioner, the percentage of germination 
230.31  and the calendar month and year that the percentage was 
230.32  percentages were determined by test; and, or the calendar month 
230.33  and year the germination test was completed and the statement 
230.34  "sell by (month and year listed here)," which may be no more 
230.35  than 12 months from the date of test, exclusive of the month of 
230.36  test. 
231.1      (3) (h) For flower seeds which germinate less than the 
231.2   standard last established by the commissioner, the label must 
231.3   show:  
231.4      (i) the (1) percentage of germination exclusive of hard or 
231.5   dormant seed or both; and 
231.6      (ii) (2) percentage of hard or dormant seed or both, if 
231.7   present; and 
231.8      (3) the words "below standard" in not less than eight point 
231.9   type and the month and year this percentage was determined by 
231.10  test.  
231.11     (b) The origin may be omitted from the label. 
231.12     (i) The label must show the net weight of contents on 
231.13  either the container or the label, except that for containers 
231.14  with contents of 200 seeds or less a statement indicating the 
231.15  number of seeds in the container may be listed along with or in 
231.16  lieu of the net weight of contents. 
231.17     (c) (j) The heading for and percentage by weight of pure 
231.18  seed may be omitted from a label if the total is more than 90 
231.19  percent. 
231.20     (k) The heading for and percentage by weight of weed seed 
231.21  may be omitted from a label if they are not present in the seed. 
231.22     (l) The heading "noxious weed seeds" may be omitted from a 
231.23  label if they are not present in the seed. 
231.24     (m) The heading for and percentage by weight of other crop 
231.25  seed may be omitted from a label if it is less than five percent.
231.26     (d) (n) The heading for and percentage by weight of inert 
231.27  matter may be omitted from a label if it is less than ten 
231.28  percent. 
231.29     (o) The label must show the name and address of the person 
231.30  who labeled the seed or who sells the seed within this state, or 
231.31  a code number which has been registered with the commissioner.  
231.32     Sec. 10.  Minnesota Statutes 2002, section 21.83, 
231.33  subdivision 2, is amended to read: 
231.34     Subd. 2.  [LABEL CONTENT.] For all tree or shrub seed 
231.35  subject to this section the label shall contain:  
231.36     (a) the common name of the species, and the subspecies if 
232.1   appropriate; 
232.2      (b) the scientific name of the genus and species, and the 
232.3   subspecies if appropriate; 
232.4      (c) the lot number or other lot identification; 
232.5      (d) for seed collected from a predominantly indigenous 
232.6   stand, the area of collection given by latitude and longitude, 
232.7   or geographic description, or political subdivision such as 
232.8   state or county; 
232.9      (e) for seed collected from a predominantly nonindigenous 
232.10  stand, the identity of the area of collection and the origin of 
232.11  the stand or the words "origin not indigenous"; 
232.12     (f) the elevation or the upper and lower limits of 
232.13  elevation within which the seed was collected; 
232.14     (g) the percentage of pure seed by weight; 
232.15     (h) for those kinds of seed for which standard testing 
232.16  procedures are prescribed:  
232.17     (1) the percentage of germination exclusive of hard or 
232.18  dormant seed; 
232.19     (2) the percentage of hard or dormant seed, if present; and 
232.20     (3) the calendar month and year the percentages were 
232.21  determined by test; or 
232.22     (4) in lieu of the requirements of clauses (1) to (3), the 
232.23  seed may be labeled "test is in progress, results will be 
232.24  supplied upon request"; 
232.25     (i) for those species for which standard germination 
232.26  testing procedures have not been prescribed by the commissioner, 
232.27  the calendar year in which the seed was collected; and 
232.28     (j) the name and address of the person who labeled the seed 
232.29  or who sells the seed within this state.  
232.30     Sec. 11.  Minnesota Statutes 2002, section 21.84, is 
232.31  amended to read: 
232.32     21.84 [RECORDS.] 
232.33     Each person whose name appears on the label of 
232.34  agricultural, vegetable, flower, wildflower, tree, or shrub 
232.35  seeds subject to section 21.82 or 21.83 shall keep for three 
232.36  years complete records of each lot of agricultural, vegetable, 
233.1   flower, wildflower, tree, or shrub seed sold in this state and 
233.2   shall keep for one year a file sample of each lot of seed after 
233.3   disposition of the lot.  In addition, the grower shall have as a 
233.4   part of the record a "genuine grower's declaration" or a "tree 
233.5   seed collector's declaration."  
233.6      Sec. 12.  Minnesota Statutes 2002, section 21.85, 
233.7   subdivision 11, is amended to read: 
233.8      Subd. 11.  [RULES.] The commissioner may make necessary 
233.9   rules for the proper enforcement of sections 21.80 to 
233.10  21.92 adopt rules under this chapter.  Existing rules shall 
233.11  remain in effect unless permanent rules are made that supersede 
233.12  them.  A violation of the rules is a violation of this chapter. 
233.13     Sec. 13.  Minnesota Statutes 2002, section 21.85, 
233.14  subdivision 13, is amended to read: 
233.15     Subd. 13.  [SAMPLING EXPORT SEED.] The commissioner may 
233.16  sample agricultural, vegetable, flower, wildflower, tree, or 
233.17  shrub seeds which are destined for export to other countries, 
233.18  and may establish and collect suitable fees from the exporter 
233.19  for this service.  
233.20     Sec. 14.  Minnesota Statutes 2002, section 21.86, is 
233.21  amended to read: 
233.22     21.86 [UNLAWFUL ACTS.] 
233.23     Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
233.24  or sell any agricultural, vegetable, flower, or wildflower, tree 
233.25  and, or shrub seed if:  
233.26     (a) except as provided in clauses (1) to (3), a test to 
233.27  determine the percentage of germination required by sections 
233.28  21.82 and 21.83 has not been completed within a nine-month 
233.29  12-month period, exclusive of the calendar month in which the 
233.30  test was completed. or it is offered for sale beyond the sell by 
233.31  date exclusive of the calendar month in which the seed was to 
233.32  have been sold, except that:  
233.33     (1) when advertised or offered for sale as agricultural 
233.34  seed, native grass and forb (wildflowers) seeds must have been 
233.35  tested for percentage of germination as required by section 
233.36  21.82 within a 14-month 15-month period, exclusive of the 
234.1   calendar month in which the test was completed.; 
234.2      (2) it is unlawful to offer cool season lawn and turf 
234.3   grasses including Kentucky bluegrass, red fescue, chewings 
234.4   fescue, hard fescue, tall fescue, perennial ryegrass, 
234.5   intermediate ryegrass, annual ryegrass, colonial bent grass, 
234.6   creeping bent grass, and mixtures or blends of those grasses, 
234.7   for sale beyond the sell by date exclusive of the calendar month 
234.8   in which the seed was to have been sold; 
234.9      (3) this prohibition does not apply to tree, shrub, 
234.10  agricultural, flower, wildflower, or vegetable seeds packaged in 
234.11  hermetically sealed containers.  Seeds packaged in hermetically 
234.12  sealed containers under the conditions defined by rule may be 
234.13  offered for sale for a period of 36 months after the last day of 
234.14  the month that the seeds were tested for germination prior to 
234.15  packaging.; and 
234.16     (3) (4) if seeds in hermetically sealed containers are 
234.17  offered for sale more than 36 months after the last day of the 
234.18  month in which they were tested prior to packaging, they must be 
234.19  retested within a nine-month period, exclusive of the calendar 
234.20  month in which the retest was completed; 
234.21     (b) it is not labeled in accordance with sections 21.82 and 
234.22  21.83 or has false or misleading labeling; 
234.23     (c) false or misleading advertisement has been used in 
234.24  respect to its sale; 
234.25     (d) it contains prohibited noxious weed seeds; 
234.26     (e) it consists of or contains restricted noxious weed 
234.27  seeds in excess of 25 seeds per pound or in excess of the number 
234.28  declared on the label attached to the container of the seed or 
234.29  associated with the seed; 
234.30     (f) it contains more than one percent by weight of all weed 
234.31  seeds; 
234.32     (g) it contains less than the stated net weight of 
234.33  contents; 
234.34     (h) it contains less than the stated number of seeds in the 
234.35  container; 
234.36     (i) it contains any labeling, advertising, or other 
235.1   representation subject to sections 21.82 and 21.83 representing 
235.2   the seed to be certified unless:  
235.3      (1) it has been determined by a seed certifying agency that 
235.4   the seed conformed to standards of purity and identity as to 
235.5   kind, species, subspecies, or variety, and also that tree seed 
235.6   was found to be of the origin and elevation claimed, in 
235.7   compliance with the rules pertaining to the seed; and 
235.8      (2) the seed bears an official label issued for it by a 
235.9   seed certifying agency stating that the seed is of a certified 
235.10  class and a specified kind, species, subspecies, or variety; 
235.11     (j) it is labeled with a variety name but not certified by 
235.12  an official seed certifying agency when it is a variety for 
235.13  which a United States certificate of plant variety protection 
235.14  has been granted under United States Code, title 7, sections 
235.15  2481 to 2486, specifying sale by variety name only as a class of 
235.16  certified seed.  Seed from a certified lot may be labeled as to 
235.17  variety name when used in a blend or mixture by or with approval 
235.18  of the owner of the variety; or 
235.19     (k) the person whose name appears on the label does not 
235.20  have complete records including a file sample of each lot of 
235.21  agricultural, vegetable, flower, tree or shrub seed sold in this 
235.22  state as required in section 21.84. 
235.23     Subd. 2.  [MISCELLANEOUS VIOLATIONS.] No person may:  
235.24     (a) detach, alter, deface, or destroy any label required in 
235.25  sections 21.82 and 21.83 or, alter or substitute seed in a 
235.26  manner that may defeat the purposes of sections 21.82 and 21.83, 
235.27  or alter or falsify any seed tests, laboratory reports, records, 
235.28  or other documents to create a misleading impression as to kind, 
235.29  variety, history, quality, or origin of the seed; 
235.30     (b) hinder or obstruct in any way any authorized person in 
235.31  the performance of duties under sections 21.80 to 21.92; 
235.32     (c) fail to comply with a "stop sale" order or to move or 
235.33  otherwise handle or dispose of any lot of seed held under a stop 
235.34  sale order or attached tags, except with express permission of 
235.35  the enforcing officer for the purpose specified; 
235.36     (d) use the word "type" in any labeling in connection with 
236.1   the name of any agricultural seed variety; 
236.2      (e) use the word "trace" as a substitute for any statement 
236.3   which is required; or 
236.4      (f) plant any agricultural seed which the person knows 
236.5   contains weed seeds or noxious weed seeds in excess of the 
236.6   limits for that seed.  
236.7      Sec. 15.  Minnesota Statutes 2002, section 21.88, is 
236.8   amended to read: 
236.9      21.88 [PENALTIES NOT TO APPLY.] 
236.10     Subdivision 1.  [MISDEMEANOR; GROSS MISDEMEANOR.] A 
236.11  violation of sections 21.80 to 21.92 or a rule adopted under 
236.12  section 21.85 is a misdemeanor.  Each additional day of 
236.13  violation is a separate offense.  A subsequent violation by a 
236.14  person is a gross misdemeanor.  
236.15     Subd. 2.  [UNLAWFUL PRACTICE.] In addition to other 
236.16  penalties provided by law, a person who violates a provision of 
236.17  sections 21.80 to 21.92 or a rule adopted under section 21.85 
236.18  has committed an unlawful practice under sections 325F.68 and 
236.19  325F.69 and is subject to the remedies provided in sections 8.31 
236.20  and 325F.70.  
236.21     Subd. 3.  [PENALTIES NOT TO APPLY.] A person is not subject 
236.22  to the penalties in subdivision 1 or 2 for having sold seeds 
236.23  which were incorrectly labeled or represented as to kind, 
236.24  species, subspecies, if appropriate, variety, type, origin and 
236.25  year, elevation or place of collection if required, if the seeds 
236.26  cannot be identified by examination unless the person has failed 
236.27  to obtain an invoice or genuine grower's or tree seed 
236.28  collector's declaration or other labeling information and to 
236.29  take other reasonable precautions to ensure the identity is as 
236.30  stated.  
236.31     Sec. 16.  Minnesota Statutes 2002, section 21.89, 
236.32  subdivision 2, is amended to read: 
236.33     Subd. 2.  [PERMITS; ISSUANCE AND REVOCATION.] The 
236.34  commissioner shall issue a permit to the initial labeler of 
236.35  agricultural, vegetable, or flower, and wildflower seeds which 
236.36  are sold for use in Minnesota and which conform to and are 
237.1   labeled under sections 21.80 to 21.92.  The categories of 
237.2   permits are as follows: 
237.3      (1) for initial labelers who sell 50,000 pounds or less of 
237.4   agricultural seed each calendar year, an annual permit issued 
237.5   for a fee established in section 21.891, subdivision 2, 
237.6   paragraph (b); 
237.7      (2) for initial labelers who sell vegetable, flower, and 
237.8   wildflower seed packed for use in home gardens or household 
237.9   plantings, an annual permit issued for a fee established in 
237.10  section 21.891, subdivision 2, paragraph (c), based upon the 
237.11  gross sales from the previous year; and 
237.12     (3) for initial labelers who sell more than 50,000 pounds 
237.13  of agricultural seed each calendar year, a permanent permit 
237.14  issued for a fee established in section 21.891, subdivision 2, 
237.15  paragraph (d). 
237.16  In addition, the person shall furnish to the commissioner an 
237.17  itemized statement of all seeds sold in Minnesota for the 
237.18  periods established by the commissioner.  This statement shall 
237.19  be delivered, along with the payment of the fee, based upon the 
237.20  amount and type of seed sold, to the commissioner no later than 
237.21  30 days after the end of each reporting period.  Any person 
237.22  holding a permit shall show as part of the analysis labels or 
237.23  invoices on all agricultural, vegetable, flower, wildflower, 
237.24  tree, or shrub seeds all information the commissioner requires.  
237.25  The commissioner may revoke any permit in the event of failure 
237.26  to comply with applicable laws and rules. 
237.27     Sec. 17.  Minnesota Statutes 2002, section 21.89, 
237.28  subdivision 4, is amended to read: 
237.29     Subd. 4.  [EXEMPTIONS.] An initial labeler who sells for 
237.30  use in Minnesota agricultural, vegetable, or flower seeds must 
237.31  have a seed fee permit unless:  
237.32     (a) The person labels and sells less than 50,000 pounds of 
237.33  agricultural seed in Minnesota each calendar year.  If more than 
237.34  50,000 pounds are labeled and sold in Minnesota by any person, 
237.35  the person must have a seed fee permit and pay fees on all seed 
237.36  sold.  A person who labels and sells grass seeds and mixtures of 
238.1   grass seeds intended for lawn or turf purposes is not exempted 
238.2   from having a permit and paying seed fees on all seeds in this 
238.3   category sold in Minnesota; or 
238.4      (b) the agricultural, vegetable, or flower seeds are of the 
238.5   breeder or foundation seed classes of varieties developed by 
238.6   publicly financed research agencies intended for the purpose of 
238.7   increasing the quantity of seed available.  
238.8      Sec. 18.  [21.891] [MINNESOTA SEED LAW FEES.] 
238.9      Subdivision 1.  [SAMPLING EXPORT SEED.] In accordance with 
238.10  section 21.85, subdivision 13, the commissioner may, if 
238.11  requested, sample seed destined for export to other countries.  
238.12  The fee for sampling export seed is an hourly rate published 
238.13  annually by the commissioner and it must be an amount sufficient 
238.14  to recover the actual costs of the service provided. 
238.15     Subd. 2.  [SEED FEE PERMITS.] (a) An initial labeler who 
238.16  wishes to sell seed in Minnesota must comply with section 21.89, 
238.17  subdivisions 1 and 2, and the procedures in this subdivision.  
238.18  Each initial labeler who wishes to sell seed in Minnesota must 
238.19  apply to the commissioner to obtain a permit.  The application 
238.20  must contain the name and address of the applicant, the 
238.21  application date, and the name and title of the applicant's 
238.22  contact person. 
238.23     (b) The application for a seed permit covered by section 
238.24  21.89, subdivision 2, clause (1), must be accompanied by an 
238.25  application fee of $50. 
238.26     (c) The application for a seed permit covered by section 
238.27  21.89, subdivision 2, clause (2), must be accompanied by an 
238.28  application fee based on the level of annual gross sales as 
238.29  follows: 
238.30     (1) for gross sales of $0 to $25,000, the annual permit fee 
238.31  is $50; 
238.32     (2) for gross sales of $25,001 to $50,000, the annual 
238.33  permit fee is $100; 
238.34     (3) for gross sales of $50,001 to $100,000, the annual 
238.35  permit fee is $200; 
238.36     (4) for gross sales of $100,001 to $250,000, the annual 
239.1   permit fee is $500; 
239.2      (5) for gross sales of $250,001 to $500,000, the annual 
239.3   permit fee is $1,000; and 
239.4      (6) for gross sales of $500,001 and above, the annual 
239.5   permit fee is $2,000. 
239.6      (d) The application for a seed permit covered by section 
239.7   21.89, subdivision 2, clause (3), must be accompanied by an 
239.8   application fee of $50.  Initial labelers holding seed fee 
239.9   permits covered under this paragraph need not apply for a new 
239.10  permit or pay the application fee.  Under this permit category, 
239.11  the fees for the following kinds of agricultural seed sold 
239.12  either in bulk or containers are: 
239.13     (1) oats, wheat, and barley, 6.3 cents per hundredweight; 
239.14     (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 
239.15  cents per hundredweight; 
239.16     (3) field corn, 29.4 cents per hundredweight; 
239.17     (4) forage, lawn and turf grasses, and legumes, 49 cents 
239.18  per hundredweight; 
239.19     (5) sunflower, $1.40 per hundredweight; 
239.20     (6) sugar beet, $3.29 per hundredweight; and 
239.21     (7) for any agricultural seed not listed in clauses (1) to 
239.22  (6), the fee for the crop most closely resembling it in normal 
239.23  planting rate applies.  
239.24     (e) If, for reasons beyond the control and knowledge of the 
239.25  initial labeler, seed is shipped into Minnesota by a person 
239.26  other than the initial labeler, the responsibility for the seed 
239.27  fees are transferred to the shipper.  An application for a 
239.28  transfer of this responsibility must be made to the 
239.29  commissioner.  Upon approval by the commissioner of the 
239.30  transfer, the shipper is responsible for payment of the seed 
239.31  permit fees. 
239.32     (f) Seed permit fees may be included in the cost of the 
239.33  seed either as a hidden cost or as a line item cost on each 
239.34  invoice for seed sold.  To identify the fee on an invoice, the 
239.35  words "Minnesota seed permit fees" must be used. 
239.36     (g) All seed fee permit holders must file semiannual 
240.1   reports with the commissioner, even if no seed was sold during 
240.2   the reporting period.  Each semiannual report must be submitted 
240.3   within 30 days of the end of each reporting period.  The 
240.4   reporting periods are October 1 to March 31 and April 1 to 
240.5   September 30 of each year or July 1 to December 31 and January 1 
240.6   to June 30 of each year.  Permit holders may change their 
240.7   reporting periods with the approval of the commissioner. 
240.8      (h) The holder of a seed fee permit must pay fees on all 
240.9   seed for which the permit holder is the initial labeler and 
240.10  which are covered by sections 21.80 to 21.92 and sold during the 
240.11  reporting period. 
240.12     (i) If a seed fee permit holder fails to submit a 
240.13  semiannual report and pay the seed fee within 30 days after the 
240.14  end of each reporting period, the commissioner shall assess a 
240.15  penalty of $100 or eight percent, calculated on an annual basis, 
240.16  of the fee due, whichever is greater, but no more than $500 for 
240.17  each late semiannual report.  A $15 penalty must be charged when 
240.18  the semiannual report is late, even if no fee is due for the 
240.19  reporting period.  Seed fee permits may be revoked for failure 
240.20  to comply with the applicable provisions of this paragraph or 
240.21  the Minnesota seed law. 
240.22     Subd. 3.  [HYBRID SEED CORN VARIETY REGISTRATION 
240.23  FEE.] Until August 1, 2006, and in accordance with section 
240.24  21.90, subdivision 2, the fee for the registration of each 
240.25  hybrid seed corn variety or blend is $50, which must be paid at 
240.26  the time of registration.  New hybrid seed corn variety 
240.27  registrations received after March 1 and renewed registrations 
240.28  of older varieties received after August 1 of each year have an 
240.29  annual registration fee of $75 per variety. 
240.30     Subd. 3a.  [DISCONTINUATION OF REGISTRATION AND 
240.31  TESTING.] The commissioner, in consultation with the Minnesota 
240.32  agricultural experiment station, shall develop a standardized 
240.33  testing method for labelers to determine relative maturity for 
240.34  the hybrid seed corn sold in this state.  Standards may be 
240.35  developed without regard to chapter 14 and without complying 
240.36  with section 14.386.  After development of the standardized 
241.1   method, the registration and testing of hybrids sold in this 
241.2   state will no longer be required. 
241.3      Subd. 4.  [BRAND NAME REGISTRATION FEE.] The fee is $25 for 
241.4   each variety registered for sale by brand name. 
241.5      Sec. 19.  Minnesota Statutes 2002, section 21.90, 
241.6   subdivision 2, is amended to read: 
241.7      Subd. 2.  [FEES.] A record of each new hybrid seed field 
241.8   corn variety to be sold in Minnesota shall be registered with 
241.9   the commissioner by February March 1 of each year by the 
241.10  originator or owner.  Records of all other hybrid seed field 
241.11  corn varieties sold in Minnesota shall be registered with the 
241.12  commissioner by August 1 of each year by the originator or 
241.13  owner.  The commissioner shall establish the annual fee for 
241.14  registration for each variety.  The record shall include the 
241.15  permanent designation of the hybrid as well as the day 
241.16  classification and zone of adaptation, as determined under 
241.17  subdivision 1, which the originator or owner declares to be the 
241.18  zone in which the variety is adapted.  In addition, at the time 
241.19  of the first registration of a hybrid seed field corn variety, 
241.20  the originator or owner shall include a sworn statement that the 
241.21  declaration of the zone of adaptation was based on actual field 
241.22  trials in that zone and that the field trials substantiate the 
241.23  declaration as to the day and zone classifications to which the 
241.24  variety is adapted.  The name or number used to designate a 
241.25  hybrid seed field corn variety in the registration is the only 
241.26  name of all seed corn covered by or sold under that registration.
241.27     Sec. 20.  Minnesota Statutes 2002, section 21.90, 
241.28  subdivision 3, is amended to read: 
241.29     Subd. 3.  [TESTS OF VARIETIES TRANSFER OF MONEY.] If the 
241.30  commissioner needs to verify that a hybrid seed field corn 
241.31  variety is adapted to the corn growing zone declared by the 
241.32  originator or owner, it must, when grown in several official 
241.33  comparative trials by the director of the Minnesota agricultural 
241.34  experiment station in the declared zone of adaptation, have an 
241.35  average kernel moisture at normal harvest time which does not 
241.36  differ from the average kernel moisture content of three or more 
242.1   selected standard varieties adapted for grain production in that 
242.2   particular growing zone by more than four percentage points.  If 
242.3   a new variety when tested has more than six percentage points of 
242.4   moisture over the standard variety, it must have the relative 
242.5   maturity increased by five days in the correct zone of 
242.6   adaptation before it can be sold the second year.  If it does 
242.7   not exceed the standard varieties by more than five percentage 
242.8   points of moisture the second year tested, it can be sold the 
242.9   third year with the same relative maturity.  If upon being 
242.10  tested the third year the moisture percentage points are found 
242.11  to be over the four percentage points allowed, the variety then 
242.12  must have the relative maturity increased by five days in the 
242.13  correct zone.  The varieties to be used as standard varieties 
242.14  for determining adaptability to a zone shall be selected for 
242.15  each zone by the director of the Minnesota agricultural 
242.16  experiment station with the advice and consent of the 
242.17  commissioner of agriculture.  Should a person, firm, originator, 
242.18  or owner of a hybrid seed field corn variety wish to offer 
242.19  hybrid seed for sale or distribution in this state, the person, 
242.20  firm, originator, or owner not having distributed any products 
242.21  in Minnesota during the past ten years, or not having any record 
242.22  of testing by an agency acceptable to the commissioner, then 
242.23  after registration of the variety the commissioner is required 
242.24  to have the variety tested for one year by the director of the 
242.25  Minnesota agricultural experiment station before it may be 
242.26  distributed in Minnesota.  Should any person, firm, originator, 
242.27  or owner of a seed field corn variety be guilty of two 
242.28  successive violations with respect to the declaration of 
242.29  relative maturity date and zone number, then the violator must 
242.30  commence a program of pretesting for varieties as determined by 
242.31  the commissioner.  The list of varieties to be used as standards 
242.32  in each growing zone shall be sent by the commissioner not later 
242.33  than February 1 of each year to each seed firm registering 
242.34  hybrid varieties with the commissioner as of the previous April 
242.35  1.  To assist in defraying the expenses of the Minnesota 
242.36  agricultural experiment station in carrying out the provisions 
243.1   of this section, there shall be transferred annually from the 
243.2   seed inspection account to the agricultural experiment station a 
243.3   sum which shall at least equal 80 60 percent of the total 
243.4   revenue from all hybrid seed field corn variety registrations.  
243.5      Sec. 21.  Minnesota Statutes 2002, section 21.901, is 
243.6   amended to read: 
243.7      21.901 [BRAND NAME REGISTRATION.] 
243.8      The owner or originator of a variety of nonhybrid seed that 
243.9   is to be sold in this state must annually register the variety 
243.10  with the commissioner if the variety is to be sold only under a 
243.11  brand name.  The registration must include the brand name and 
243.12  the variety of seed.  The brand name for a blend or mixture need 
243.13  not be registered. 
243.14     The fee is $15 for each variety registered for sale by 
243.15  brand name. 
243.16     Sec. 22.  [REPEALER.] 
243.17     (a) Minnesota Statutes 2002, section 21.85, subdivisions 1, 
243.18  3, 4, 5, 6, 7, 8, and 9, are repealed.  
243.19     (b) Minnesota Statutes, sections 21.891, subdivisions 3 and 
243.20  3a, as added by this article; and 21.90, are repealed August 1, 
243.21  2006.  
243.22                             ARTICLE 6 
243.23                     INSPECTION AND ENFORCEMENT 
243.24     Section 1.  [18J.01] [DEFINITIONS.] 
243.25     (a) The definitions in sections 18G.02 and 18H.02 apply to 
243.26  this chapter. 
243.27     (b) For purposes of this chapter, "associated rules" means 
243.28  rules adopted under this chapter, chapter 18G or 18H, or 
243.29  sections 21.80 to 21.92. 
243.30     Sec. 2.  [18J.02] [DUTIES OF COMMISSIONER.] 
243.31     The commissioner shall administer and enforce this chapter, 
243.32  chapters 18G and 18H, sections 21.80 to 21.92, and associated 
243.33  rules. 
243.34     Sec. 3.  [18J.03] [CIVIL LIABILITY.] 
243.35     A person regulated by this chapter, chapter 18G or 18H, or 
243.36  sections 21.80 to 21.92, is civilly liable for any violation of 
244.1   one of those statutes or associated rules by the person's 
244.2   employee or agent. 
244.3      Sec. 4.  [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 
244.4      Subdivision 1.  [ACCESS AND ENTRY.] The commissioner, upon 
244.5   presentation of official department credentials, must be granted 
244.6   immediate access at reasonable times to sites where a person 
244.7   manufactures, distributes, uses, handles, disposes of, stores, 
244.8   or transports seeds, plants, or other living or nonliving 
244.9   products or other objects regulated under chapter 18G or 18H, 
244.10  sections 21.80 to 21.92, or associated rules. 
244.11     Subd. 2.  [PURPOSE OF ENTRY.] (a) The commissioner may 
244.12  enter sites for:  
244.13     (1) inspection of inventory and equipment for the 
244.14  manufacture, storage, handling, distribution, disposal, or any 
244.15  other process regulated under chapter 18G or 18H, sections 21.80 
244.16  to 21.92, or associated rules; 
244.17     (2) sampling of sites, seeds, plants, products, or other 
244.18  living or nonliving objects that are manufactured, stored, 
244.19  distributed, handled, or disposed of at those sites and 
244.20  regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 
244.21  associated rules; 
244.22     (3) inspection of records related to the manufacture, 
244.23  distribution, storage, handling, or disposal of seeds, plants, 
244.24  products, or other living or nonliving objects regulated under 
244.25  chapter 18G or 18H, sections 21.80 to 21.92, or associated 
244.26  rules; 
244.27     (4) investigating compliance with chapter 18G or 18H, 
244.28  sections 21.80 to 21.92, or associated rules; or 
244.29     (5) other purposes necessary to implement chapter 18G or 
244.30  18H, sections 21.80 to 21.92, or associated rules. 
244.31     (b) The commissioner may enter any public or private 
244.32  premises during or after regular business hours without notice 
244.33  of inspection when a suspected violation of chapter 18G or 18H, 
244.34  sections 21.80 to 21.92, or associated rules may threaten public 
244.35  health or the environment. 
244.36     Subd. 3.  [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 
245.1   The commissioner shall provide the owner, operator, or agent in 
245.2   charge with a receipt describing any samples obtained.  If 
245.3   requested, the commissioner shall split any samples obtained and 
245.4   provide them to the owner, operator, or agent in charge.  If an 
245.5   analysis is made of the samples, a copy of the results of the 
245.6   analysis must be furnished to the owner, operator, or agent in 
245.7   charge within 30 days after an analysis has been performed.  If 
245.8   an analysis is not performed, the commissioner must notify the 
245.9   owner, operator, or agent in charge within 30 days of the 
245.10  decision not to perform the analysis. 
245.11     (b) The sampling and analysis must be done according to 
245.12  methods provided for under applicable provisions of chapter 18G 
245.13  or 18H, sections 21.80 to 21.92, or associated rules.  In cases 
245.14  not covered by those sections and methods or in cases where 
245.15  methods are available in which improved applicability has been 
245.16  demonstrated the commissioner may adopt appropriate methods from 
245.17  other sources. 
245.18     Subd. 4.  [INSPECTION REQUESTS BY OTHERS.] (a) A person who 
245.19  believes that a violation of chapter 18G or 18H, sections 21.80 
245.20  to 21.92, or associated rules has occurred may request an 
245.21  inspection by giving notice to the commissioner of the 
245.22  violation.  The notice must be in writing, state with reasonable 
245.23  particularity the grounds for the notice, and be signed by the 
245.24  person making the request. 
245.25     (b) If after receiving a notice of violation the 
245.26  commissioner reasonably believes that a violation has occurred, 
245.27  the commissioner shall make a special inspection in accordance 
245.28  with the provisions of this section as soon as practicable, to 
245.29  determine if a violation has occurred. 
245.30     (c) An inspection conducted pursuant to a notice under this 
245.31  subdivision may cover an entire site and is not limited to the 
245.32  portion of the site specified in the notice.  If the 
245.33  commissioner determines that reasonable grounds to believe that 
245.34  a violation occurred do not exist, the commissioner must notify 
245.35  the person making the request in writing of the determination. 
245.36     Subd. 5.  [ORDER TO ENTER AFTER REFUSAL.] After a refusal, 
246.1   or an anticipated refusal based on a prior refusal, to allow 
246.2   entrance on a prior occasion by an owner, operator, or agent in 
246.3   charge to allow entry as specified in this section, the 
246.4   commissioner may apply for an order in the district court in the 
246.5   county where a site is located, that compels a person with 
246.6   authority to allow the commissioner to enter and inspect the 
246.7   site. 
246.8      Subd. 6.  [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 
246.9   cost of reinspection and reinvestigation may be assessed by the 
246.10  commissioner if the person subject to an order of the 
246.11  commissioner does not comply with the order in a reasonable time 
246.12  as provided in the order. 
246.13     (b) The commissioner may enter an order for recovery of the 
246.14  inspection and investigation costs. 
246.15     Subd. 7.  [INVESTIGATION AUTHORITY.] (a) In making 
246.16  inspections under this chapter, the commissioner may administer 
246.17  oaths, certify official acts, issue subpoenas to take and cause 
246.18  to be taken depositions of witnesses, and compel the attendance 
246.19  of witnesses and production of papers, books, documents, 
246.20  records, and testimony. 
246.21     (b) If a person fails to comply with a subpoena, or a 
246.22  witness refuses to produce evidence or to testify to a matter 
246.23  about which the person may be lawfully questioned, the district 
246.24  court shall, on application of the commissioner, compel 
246.25  obedience proceedings for contempt, as in the case of 
246.26  disobedience of the requirements of a subpoena issued by the 
246.27  court or a refusal to testify in court. 
246.28     Sec. 5.  [18J.05] [ENFORCEMENT.] 
246.29     Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) A violation of 
246.30  chapter 18G or 18H, sections 21.80 to 21.92, or an associated 
246.31  rule is a violation of this chapter. 
246.32     (b) Upon the request of the commissioner, county attorneys, 
246.33  sheriffs, and other officers having authority in the enforcement 
246.34  of the general criminal laws must take action to the extent of 
246.35  their authority necessary or proper for the enforcement of 
246.36  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
247.1   or valid orders, standards, stipulations, and agreements of the 
247.2   commissioner. 
247.3      Subd. 2.  [COMMISSIONER'S DISCRETION.] If minor violations 
247.4   of chapter 18G or 18H, sections 21.80 to 21.92, or associated 
247.5   rules occur or the commissioner believes the public interest 
247.6   will be best served by a suitable notice of warning in writing, 
247.7   this section does not require the commissioner to: 
247.8      (1) report the violation for prosecution; 
247.9      (2) institute seizure proceedings; or 
247.10     (3) issue a withdrawal from distribution, stop-sale, or 
247.11  other order. 
247.12     Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
247.13  actions may be brought by the attorney general in the name of 
247.14  the state on behalf of the commissioner.  A county attorney may 
247.15  bring a civil judicial enforcement action upon the request of 
247.16  the commissioner and agreement by the attorney general. 
247.17     Subd. 4.  [INJUNCTION.] The commissioner may apply to a 
247.18  court with jurisdiction for a temporary or permanent injunction 
247.19  to prevent, restrain, or enjoin violations of this chapter. 
247.20     Subd. 5.  [CRIMINAL ACTIONS.] For a criminal action, the 
247.21  county attorney from the county where a criminal violation 
247.22  occurred is responsible for prosecuting a violation of this 
247.23  chapter.  If the county attorney refuses to prosecute, the 
247.24  attorney general on request of the commissioner may prosecute. 
247.25     Subd. 6.  [AGENT FOR SERVICE OF PROCESS.] All persons 
247.26  licensed, permitted, registered, or certified under chapter 18G 
247.27  or 18H, sections 21.80 to 21.92, or associated rules must 
247.28  appoint the commissioner as the agent upon whom all legal 
247.29  process may be served and service upon the commissioner is 
247.30  deemed to be service on the licensee, permittee, registrant, or 
247.31  certified person. 
247.32     Sec. 6.  [18J.06] [FALSE STATEMENT OR RECORD.] 
247.33     A person must not knowingly make or offer a false 
247.34  statement, record, or other information as part of: 
247.35     (1) an application for registration, license, 
247.36  certification, or permit under chapter 18G or 18H, sections 
248.1   21.80 to 21.92, or associated rules; 
248.2      (2) records or reports required under chapter 18G or 18H, 
248.3   sections 21.80 to 21.92, or associated rules; or 
248.4      (3) an investigation of a violation of chapter 18G or 18H, 
248.5   sections 21.80 to 21.92, or associated rules. 
248.6      Sec. 7.  [18J.07] [ADMINISTRATIVE ACTION.] 
248.7      Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The commissioner 
248.8   may seek to remedy violations by a written warning, 
248.9   administrative meeting, cease and desist, stop-use, stop-sale, 
248.10  removal, correction order, or an order, seizure, stipulation, or 
248.11  agreement, if the commissioner determines that the remedy is in 
248.12  the public interest. 
248.13     Subd. 2.  [REVOCATION AND SUSPENSION.] The commissioner 
248.14  may, after written notice and hearing, revoke, suspend, or 
248.15  refuse to grant or renew a registration, permit, license, or 
248.16  certification if a person violates this chapter or has a history 
248.17  within the last three years of violation of this chapter. 
248.18     Subd. 3.  [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 
248.19  CERTIFICATION.] The commissioner may cancel or revoke a 
248.20  registration, permit, license, or certification provided for 
248.21  under chapter 18G or 18H, sections 21.80 to 21.92, or associated 
248.22  rules or refuse to register, permit, license, or certify under 
248.23  provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 
248.24  associated rules if the registrant, permittee, licensee, or 
248.25  certified person has used fraudulent or deceptive practices in 
248.26  the evasion or attempted evasion of a provision of chapter 18G 
248.27  or 18H, sections 21.80 to 21.92, or associated rules. 
248.28     Subd. 4.  [SERVICE OF ORDER OR NOTICE.] (a) If a person is 
248.29  not available for service of an order, the commissioner may 
248.30  attach the order to the facility, site, seed or seed container, 
248.31  plant or other living or nonliving object regulated under 
248.32  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
248.33  and notify the owner, custodian, other responsible party, or 
248.34  registrant. 
248.35     (b) The seed, seed container, plant, or other living or 
248.36  nonliving object regulated under chapter 18G or 18H, sections 
249.1   21.80 to 21.92, or associated rules may not be sold, used, 
249.2   tampered with, or removed until released under conditions 
249.3   specified by the commissioner, by an administrative law judge, 
249.4   or by a court. 
249.5      Subd. 5.  [UNSATISFIED JUDGMENTS.] (a) An applicant for a 
249.6   license, permit, registration, or certification under provisions 
249.7   of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 
249.8   associated rules may not allow a final judgment against the 
249.9   applicant for damages arising from a violation of those statutes 
249.10  or rules to remain unsatisfied for a period of more than 30 days.
249.11     (b) Failure to satisfy, within 30 days, a final judgment 
249.12  resulting from a violation of this chapter results in automatic 
249.13  suspension of the license, permit, registration, or 
249.14  certification. 
249.15     Sec. 8.  [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 
249.16     Subdivision 1.  [NOTICE OF APPEAL.] (a) After service of an 
249.17  order, a person has 45 days from receipt of the order to notify 
249.18  the commissioner in writing that the person intends to contest 
249.19  the order. 
249.20     (b) If the person fails to notify the commissioner that the 
249.21  person intends to contest the order, the order is a final order 
249.22  of the commissioner and not subject to further judicial or 
249.23  administrative review. 
249.24     Subd. 2.  [ADMINISTRATIVE REVIEW.] If a person notifies the 
249.25  commissioner that the person intends to contest an order issued 
249.26  under this section, the state office of administrative hearings 
249.27  must conduct a hearing in accordance with the applicable 
249.28  provisions of chapter 14 for hearings in contested cases. 
249.29     Subd. 3.  [JUDICIAL REVIEW.] Judicial review of a final 
249.30  decision in a contested case is available as provided in chapter 
249.31  14. 
249.32     Sec. 9.  [18J.09] [CREDITING OF PENALTIES, FEES, AND 
249.33  COSTS.] 
249.34     Penalties, cost reimbursements, fees, and other money 
249.35  collected under this chapter must be deposited into the state 
249.36  treasury and credited to the appropriate nursery and 
250.1   phytosanitary or seed account. 
250.2      Sec. 10.  [18J.10] [CIVIL PENALTIES.] 
250.3      Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
250.4   subdivision 2, a person who violates this chapter or an order, 
250.5   standard, stipulation, agreement, or schedule of compliance of 
250.6   the commissioner is subject to a civil penalty of up to $7,500 
250.7   per day of violation as determined by the court. 
250.8      Subd. 2.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
250.9   defense to a civil penalty or claim for damages under 
250.10  subdivision 1, the defendant may prove that the violation was 
250.11  caused solely by an act of God, an act of war, or an act or 
250.12  failure to act that constitutes sabotage or vandalism, or any 
250.13  combination of these defenses. 
250.14     Subd. 3.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
250.15  compel performance of an order of the commissioner to enforce a 
250.16  provision of this chapter, the court may require a defendant 
250.17  adjudged responsible to perform the acts within the person's 
250.18  power that are reasonably necessary to accomplish the purposes 
250.19  of the order. 
250.20     Subd. 4.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
250.21  civil penalties and payments provided for in this chapter may be 
250.22  recovered by a civil action brought by the county attorney or 
250.23  the attorney general in the name of the state. 
250.24     Sec. 11.  [18J.11] [CRIMINAL PENALTIES.] 
250.25     Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
250.26  subdivisions 2 and 3, a person is guilty of a misdemeanor if the 
250.27  person violates this chapter or an order, standard, stipulation, 
250.28  agreement, or schedule of compliance of the commissioner. 
250.29     Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
250.30  guilty of a gross misdemeanor if the person violates this 
250.31  chapter or an order, standard, stipulation, agreement, or 
250.32  schedule of compliance of the commissioner, and the violation 
250.33  endangers humans. 
250.34     Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
250.35  a gross misdemeanor if the person knowingly violates this 
250.36  chapter or an order, standard, stipulation, agreement, or 
251.1   schedule of compliance of the commissioner. 
251.2                              ARTICLE 7 
251.3                          CONFORMING CHANGES 
251.4      Section 1.  [REPEALER.] 
251.5      (a) Minnesota Statutes 2002, sections 17.23; 18.012; 
251.6   18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 
251.7   18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 
251.8   18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 
251.9   18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 
251.10  18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 
251.11  18.56; 18.57; 18.59; 18.60; 18.61; 18.85, are repealed. 
251.12     (b) Minnesota Rules, part 1510.0281, is repealed. 
251.13                             ARTICLE 8
251.14      ENVIRONMENT AND NATURAL RESOURCES AGENCY REORGANIZATION
251.15     Section 1.  [REORGANIZATION; GOALS.] 
251.16     The legislature finds that it is desirable to reorganize 
251.17  state services relating to the protection of the environment, 
251.18  protection of farmland, and the management of natural resources 
251.19  to achieve the following goals: 
251.20     (1) sustainable development throughout all regions of the 
251.21  state and all sectors of the economy; 
251.22     (2) improved delivery of services; 
251.23     (3) a preventative, precautionary approach to environmental 
251.24  degradation; 
251.25     (4) citizen participation in all relevant decision-making 
251.26  processes and at meaningful points in the processes; and 
251.27     (5) progressively less air, land, and water pollution. 
251.28     Sec. 2.  [REORGANIZATION; OUTCOMES.] 
251.29     Reorganization must achieve the following outcomes: 
251.30     (1) better protection of the environment, improved 
251.31  management of natural resources, and protection of farmland; 
251.32     (2) better protection for children, and the public 
251.33  generally, from environmental health hazards; 
251.34     (3) increased citizen access to pertinent, understandable 
251.35  information relating to environmental protection, farmland 
251.36  protection, and natural resources management; 
252.1      (4) better citizen representation, access, and information 
252.2   through an office of public information and advocacy; 
252.3      (5) decentralization of the service delivery system for the 
252.4   benefit of citizens of the state as consumers of services; 
252.5      (6) management based on appropriate geographical natural 
252.6   resources characteristics; 
252.7      (7) an integrated service delivery system that includes the 
252.8   elimination of multiple access points to receive the same or 
252.9   related services; 
252.10     (8) development of the polluter-pays principle through a 
252.11  balanced system of regulatory controls and financial incentives; 
252.12     (9) integrated licensing and permitting through a single 
252.13  access point; 
252.14     (10) flattening of the internal organization of the 
252.15  delivery system and consolidation of administrative functions 
252.16  with processes designed to encourage cooperation, consensus, and 
252.17  participation of management and workers; 
252.18     (11) the capacity to identify and capture cost savings 
252.19  where those savings can be made without reducing the ability to 
252.20  implement the state's environmental policy; 
252.21     (12) identification and review of specifications and 
252.22  programs that should be eliminated or accomplished by different 
252.23  means; 
252.24     (13) the flexibility to enable state and local governments 
252.25  to coordinate and cooperate as well as identify and address 
252.26  existing and emerging environmental issues of state, national, 
252.27  and international import; 
252.28     (14) increased system accountability by reducing the number 
252.29  of executive administrators reporting directly to the governor; 
252.30  and 
252.31     (15) a commitment to adequate staff development resources 
252.32  sufficient to implement the reorganization. 
252.33     Sec. 3.  [TASK FORCE.] 
252.34     Subdivision 1.  [MEMBERSHIP.] Within 30 days of the 
252.35  effective date of this section, the governor shall convene a 
252.36  task force consisting of four facilitators and four groups: 
253.1      (1) a group consisting of ten to 15 persons from agencies 
253.2   listed in section 5 who are members of the managerial plan 
253.3   established under Minnesota Statutes, section 43A.18, 
253.4   subdivision 3, appointed by the governor; 
253.5      (2) a group consisting of employees from agencies listed in 
253.6   section 5 who are represented by exclusive representatives, 
253.7   selected by the exclusive representatives of employees of those 
253.8   agencies; 
253.9      (3) a group consisting of 15 persons representing local and 
253.10  regional governmental units, including cities, counties, 
253.11  metropolitan and regional agencies, soil and water conservation 
253.12  districts, watershed districts, and watershed management 
253.13  organizations, appointed in equal numbers by the governor, the 
253.14  subcommittee on committees of the senate committee on rules and 
253.15  administration, and the speaker of the house; and 
253.16     (4) a group consisting of not more than 20 persons jointly 
253.17  appointed by the speaker of the house of representatives and the 
253.18  subcommittee on committees of the senate committee on rules and 
253.19  administration, including: 
253.20     (i) representatives of rural agricultural interests, 
253.21  environmental and conservation organizations, sports groups, and 
253.22  business; 
253.23     (ii) a representative of an institution of higher education 
253.24  with expertise in natural sciences; 
253.25     (iii) a representative of an institution of higher 
253.26  education with expertise in agriculture; 
253.27     (iv) an attorney experienced in environmental law; 
253.28     (v) a member of the environmental consulting community; and 
253.29     (vi) a member of the civil engineering community. 
253.30     The groups described in clauses (1) and (2) must include 
253.31  managers and classified employees from work stations outside the 
253.32  metropolitan area described in Minnesota Statutes, section 
253.33  473.121, subdivision 2.  Organizations, occupations, and 
253.34  industries described in clause (4) may submit the names of 
253.35  persons they wish to be considered for appointment to the task 
253.36  force under that clause. 
254.1      The governor, the speaker of the house of representatives, 
254.2   and the subcommittee on committees of the senate committee on 
254.3   rules and administration shall jointly appoint a facilitator for 
254.4   each group. 
254.5      Subd. 2.  [ACTIVITIES.] (a) Members of the task force 
254.6   established by subdivision 1 shall serve as partners in changing 
254.7   the delivery of state services and the performance of state 
254.8   functions.  Each group of the task force shall initially meet 
254.9   separately to develop its own recommendations for a governmental 
254.10  structure to perform the functions and provide the services 
254.11  affected by section 5 in furtherance of the outcomes listed in 
254.12  section 2.  A facilitator shall assist each group.  The 
254.13  facilitators shall meet periodically with the policy committees 
254.14  of the senate and the house of representatives having 
254.15  jurisdiction over state governmental operations and environment 
254.16  and natural resources.  At the meetings, the facilitators shall 
254.17  update the members of the committees on the progress of the 
254.18  groups' discussions and emerging proposals. 
254.19     (b) As soon as practicable after October 1, 2003, the 
254.20  senate and house committees shall develop a joint recommendation 
254.21  for a governmental structure to perform the functions and 
254.22  provide the services affected by section 5 in furtherance of the 
254.23  goals and outcomes listed in sections 1 and 2.  The committees 
254.24  shall submit their joint recommendation for reorganization to 
254.25  the governor and the legislature by January 15, 2004. 
254.26     (c) The joint recommendation developed under paragraph (b) 
254.27  must provide for: 
254.28     (1) a separate agency, division, or department to which 
254.29  would be transferred the powers and duties of the department of 
254.30  natural resources relating to fish and wildlife; and 
254.31     (2) within the agency, division, or department required in 
254.32  clause (1), a structure and process under which: 
254.33     (i) a board consisting of interested persons that would 
254.34  make recommendations for and comment on expenditures of revenue 
254.35  from the sources listed in Minnesota Statutes, section 97A.055, 
254.36  subdivision 4, paragraph (a), clauses (1) to (3), based on 
255.1   regional plans approved under item (ii); 
255.2      (ii) the board would establish regional committees of 
255.3   affected persons, based on appropriate natural resource 
255.4   management boundaries, that would develop regional plans for 
255.5   expenditures from the sources listed in Minnesota Statutes, 
255.6   section 97A.055, subdivision 4, paragraph (a), clauses (1) to 
255.7   (3); and 
255.8      (iii) all fish and wildlife programs not directly related 
255.9   to expenditures from the sources listed in Minnesota Statutes, 
255.10  section 97A.055, subdivision 4, paragraph (a), clauses (1) to 
255.11  (3), would be funded from other sources. 
255.12     Subd. 3.  [EFFECTIVE DATE.] This section is effective the 
255.13  day following final enactment. 
255.14     Sec. 4.  [EMPLOYEE PARTICIPATION COMMITTEE.] 
255.15     (a) Before a restructuring of executive branch agencies in 
255.16  accordance with section 5, a committee including representatives 
255.17  of employees and employers within each affected agency must be 
255.18  established and given adequate time to perform the functions 
255.19  prescribed by paragraph (b).  Each exclusive representative of 
255.20  employees shall select a committee member from each of its 
255.21  bargaining units in each affected agency.  The head of each 
255.22  agency shall select an employee member from each unit of 
255.23  employees not represented by an exclusive representative.  The 
255.24  agency head shall also appoint one or more committee members to 
255.25  represent the agency.  The number of members appointed by the 
255.26  agency head, however, may not exceed the total number of members 
255.27  representing bargaining units.  
255.28     (b) A committee established under paragraph (a) shall: 
255.29     (1) identify tasks related to agency reorganization and 
255.30  adopt plans for addressing those tasks; 
255.31     (2) identify other employer and employee issues related to 
255.32  reorganization and adopt plans for addressing those issues; 
255.33     (3) adopt detailed plans for providing retraining for 
255.34  affected employees; and 
255.35     (4) guide the implementation of the reorganization. 
255.36     Sec. 5.  [ABOLITION OF AGENCIES, POWERS, AND DUTIES.] 
256.1      Subdivision 1.  [AGENCIES.] The department of natural 
256.2   resources, the board of water and soil resources, the office of 
256.3   environmental assistance, the pollution control agency, the 
256.4   environmental quality board, the petroleum tank release 
256.5   compensation board, and the agricultural chemical response board 
256.6   are abolished. 
256.7      Subd. 2.  [POWERS AND DUTIES.] (a) The following powers and 
256.8   duties of the department of agriculture are abolished: 
256.9      (1) regulation of fertilizers, soil amendments, 
256.10  agricultural liming, and plant amendments under Minnesota 
256.11  Statutes, chapter 18C; 
256.12     (2) pesticide control under Minnesota Statutes, chapter 
256.13  18B; 
256.14     (3) agriculture chemical incident response and cleanup 
256.15  under Minnesota Statutes, chapter 18D; 
256.16     (4) chemical incident reimbursement under Minnesota 
256.17  Statutes, chapter 18E; 
256.18     (5) genetically engineered organism permitting under 
256.19  Minnesota Statutes, chapter 18F; 
256.20     (6) urban forest promotion under Minnesota Statutes, 
256.21  section 17.86; 
256.22     (7) mosquito abatement under Minnesota Statutes, sections 
256.23  18.041 to 18.161; 
256.24     (8) outdoor recreation grants under Minnesota Statutes, 
256.25  section 85.019; 
256.26     (9) groundwater protection under Minnesota Statutes, 
256.27  chapter 103H; 
256.28     (10) oil and hazardous substance discharge preparedness 
256.29  under Minnesota Statutes, chapter 115E; and 
256.30     (11) conservation of wildflowers under Minnesota Statutes, 
256.31  section 17.23. 
256.32     (b) The following powers and duties of the department of 
256.33  health are abolished: 
256.34     (1) the water well program under Minnesota Statutes, 
256.35  chapter 103I; 
256.36     (2) the safe drinking water program under Minnesota 
257.1   Statutes, sections 144.381 to 144.387; 
257.2      (3) health risk assessment under Minnesota Statutes, 
257.3   section 115B.17, subdivision 10; 
257.4      (4) domestic water supply protection under Minnesota 
257.5   Statutes, sections 144.35 to 144.37; 
257.6      (5) asbestos contractor licensing under Minnesota Statutes, 
257.7   sections 326.70 to 326.81; 
257.8      (6) public health laboratory regulation under Minnesota 
257.9   Statutes, section 144.98; 
257.10     (7) lead abatement under Minnesota Statutes, sections 
257.11  144.9501 to 144.9509; 
257.12     (8) hazardous substance exposure under Minnesota Statutes, 
257.13  section 145.94; 
257.14     (9) mosquito research under Minnesota Statutes, section 
257.15  144.95; 
257.16     (10) water supply monitoring and health assessments under 
257.17  Minnesota Statutes, section 115B.42, subdivision 2; and 
257.18     (11) health risk limits under Minnesota Statutes, section 
257.19  103H.201. 
257.20     (c) The following powers and duties of the department of 
257.21  trade and economic development are abolished: 
257.22     (1) environmental permit coordination under Minnesota 
257.23  Statutes, sections 116C.22 to 116C.34; and 
257.24     (2) the public facilities authority under Minnesota 
257.25  Statutes, chapter 446A. 
257.26     (d) The following powers and duties of the department of 
257.27  public service are abolished:  energy conservation under 
257.28  Minnesota Statutes, sections 216C.01 to 216C.35 and 216C.373 to 
257.29  216C.381. 
257.30     (e) The following powers and duties of the department of 
257.31  transportation are abolished: 
257.32     (1) oil and hazardous substance discharge preparedness 
257.33  under Minnesota Statutes, chapter 115E; and 
257.34     (2) hazardous waste shipment and licensing under Minnesota 
257.35  Statutes, sections 221.033 to 221.036 and 221.172. 
257.36     Subd. 3.  [EFFECTIVE DATE.] This section is effective July 
258.1   1, 2004, and does not affect functions of the affected agencies 
258.2   relating to special or dedicated funds and accounts during the 
258.3   biennium beginning July 1, 2003. 
258.4      Sec. 6.  [PROPOSED BUDGET PLAN FOR FISCAL YEAR 2005.] 
258.5      The commissioner of finance shall prepare a proposed budget 
258.6   plan for the fiscal year beginning July 1, 2004, that includes 
258.7   an amount to cover the functions performed and services provided 
258.8   by the agencies abolished in section 5, subdivision 1, and the 
258.9   functions abolished by section 5, subdivision 2.  The general 
258.10  fund amount allocated in the budget plan for those functions and 
258.11  services must be at least equal to the amount appropriated for 
258.12  those functions and services in fiscal year 2004.  The budget 
258.13  plan must include an amount for staff development in accordance 
258.14  with Minnesota Statutes, section 43A.045, and a substantial 
258.15  increase in overall expenditures for staff development.  The 
258.16  budget plan may not require the layoff of classified employees 
258.17  or unclassified employees covered by a collective bargaining 
258.18  agreement, except as provided in a plan negotiated under 
258.19  Minnesota Statutes, chapter 179A, that provides options to 
258.20  layoff for employees who would be affected. 
258.21                             ARTICLE 9
258.22                           APPROPRIATIONS
258.23                        ECONOMIC DEVELOPMENT
258.24  Section 1.  [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 
258.25     The sums shown in the columns marked "APPROPRIATIONS" are 
258.26  appropriated from the general fund, or another named fund, to 
258.27  the agencies and for the purposes specified in this act, to be 
258.28  available for the fiscal years indicated for each purpose.  The 
258.29  figures "2004" and "2005," where used in this act, mean that the 
258.30  appropriation or appropriations listed under them are available 
258.31  for the year ending June 30, 2004, or June 30, 2005, 
258.32  respectively.  The term "first year" means the fiscal year 
258.33  ending June 30, 2004, and "second year" means the fiscal year 
258.34  ending June 30, 2005. 
258.35                          SUMMARY BY FUND
258.36                            2004          2005           TOTAL
259.1   General               $152,488,000   $148,990,000   $301,478,000
259.2   Environmental Fund         700,000        700,000      1,400,000
259.3   Workers' 
259.4   Compensation            21,715,000     21,410,000     43,125,000
259.5   Special Revenue  
259.6   Fund                    10,718,000     10,718,000     21,436,000
259.7   TOTAL                 $185,621,000   $181,818,000   $367,439,000
259.8                                              APPROPRIATIONS 
259.9                                          Available for the Year 
259.10                                             Ending June 30 
259.11                                            2004         2005 
259.12  Sec. 2.  TRADE AND ECONOMIC DEVELOPMENT 
259.13  Subdivision 1.  Total       
259.14  Appropriation                         $31,392,000    $28,992,000
259.15                Summary by Fund
259.16  General              30,692,000    28,292,000
259.17  Environmental Fund      700,000       700,000 
259.18  The amounts that may be spent from this 
259.19  appropriation for each program are 
259.20  specified in the following subdivisions.
259.21  Subd. 2.  Business and Community 
259.22  Development                             
259.23       6,799,000      4,794,000
259.24                Summary by Fund
259.25  General               6,099,000     4,094,000
259.26  Environmental Fund      700,000       700,000
259.27  (a) $1,203,000 the first year and 
259.28  $203,000 the second year are for 
259.29  Minnesota investment fund grants. 
259.30  (b) $150,000 the first year and 
259.31  $150,000 the second year are for grants 
259.32  to the rural policy and development 
259.33  center at Minnesota State University, 
259.34  Mankato.  The grant shall be used for 
259.35  research and policy analysis on 
259.36  emerging economic and social issues in 
259.37  rural Minnesota, to serve as a policy 
259.38  resource center for rural Minnesota 
259.39  communities, to encourage collaboration 
259.40  across higher education institutions to 
259.41  provide interdisciplinary team 
259.42  approaches to research and problem 
259.43  solving in rural communities, and to 
259.44  administer overall operations of the 
259.45  center.  
259.46  The grant shall be provided upon the 
259.47  condition that each state dollar be 
259.48  matched with a nonstate dollar.  The 
259.49  funds not spent the first year are 
259.50  available the second. 
259.51  (c) The commissioner may enroll loans 
260.1   without any state contribution in the 
260.2   capitol access program in the business 
260.3   finance activity as provided for by 
260.4   Minnesota Statutes, section 116J.876. 
260.5   (d) The responsibilities of the Indian 
260.6   Affairs Council in administering the 
260.7   Indian business loan program under 
260.8   Minnesota Statutes, section 116J.64, 
260.9   are transferred to the commissioner of 
260.10  trade and economic development who is 
260.11  authorized to enter into an agreement 
260.12  with the governing body of a federally 
260.13  recognized Indian tribe in Minnesota to 
260.14  administer the Indian business loan 
260.15  program or a portion of the program.  
260.16  Subd. 3.  Minnesota Trade Office 
260.17       2,187,000      2,187,000
260.18  Subd. 4.  Workforce Development
260.19       9,110,000      9,110,000
260.20  (a) $8,035,000 the first year and 
260.21  $8,035,000 the second year are for the 
260.22  job skills partnership and pathways 
260.23  programs.  If the appropriation for 
260.24  either year is insufficient, the 
260.25  appropriation for the other year is 
260.26  available.  This appropriation does not 
260.27  cancel. 
260.28  (b) $200,000 the first year and 
260.29  $200,000 the second year are from the 
260.30  workforce development fund for onetime 
260.31  grants to Lifetrack Resources for its 
260.32  immigrant/refugee collaborative 
260.33  programs, including those related to 
260.34  job-seeking skills and workplace 
260.35  orientation, intensive job development, 
260.36  functional work English, and on-site 
260.37  job coaching. 
260.38  (c) $500,000 the first year and 
260.39  $500,000 the second year are from the 
260.40  general fund for grants under Minnesota 
260.41  Statutes, section 116J.8747 to Twin 
260.42  Cities Rise to provide training to 
260.43  hard-to-train individuals.  The 
260.44  commissioner must present information 
260.45  reported by grant recipients to the 
260.46  legislative committees with 
260.47  jurisdiction over economic development 
260.48  by February 15 of 2004 and 2005. 
260.49  (d) $155,000 the first year and 
260.50  $155,000 the second year are for a 
260.51  grant to the Metropolitan Economic 
260.52  Development Association for continuing 
260.53  minority business development programs 
260.54  in the metropolitan area. 
260.55  (e) $220,000 the first year and 
260.56  $220,000 the second year are for grants 
260.57  to WomenVenture for women's business 
260.58  development programs. 
260.59  Subd. 5.  Office of Tourism 
261.1       8,688,000       8,681,000 
261.2   To develop maximum private sector 
261.3   involvement in tourism, $3,500,000 the 
261.4   first year and $3,500,000 the second 
261.5   year of the amounts appropriated for 
261.6   marketing activities are contingent on 
261.7   receipt of an equal contribution from 
261.8   nonstate sources that have been 
261.9   certified by the commissioner.  Up to 
261.10  one-half of the match may be given in 
261.11  in-kind contributions. 
261.12  In order to maximize marketing grant 
261.13  benefits, the commissioner must give 
261.14  priority for joint venture marketing 
261.15  grants to organizations with year-round 
261.16  sustained tourism activities.  For 
261.17  programs and projects submitted, the 
261.18  commissioner must give priority to 
261.19  those that encompass two or more areas 
261.20  or that attract nonresident travelers 
261.21  to the state. 
261.22  If an appropriation for either year for 
261.23  grants is not sufficient, the 
261.24  appropriation for the other year is 
261.25  available for it. 
261.26  The commissioner may use grant dollars 
261.27  or the value of in-kind services to 
261.28  provide the state contribution for the 
261.29  partnership program. 
261.30  Any unexpended money from general fund 
261.31  appropriations made under this 
261.32  subdivision does not cancel but must be 
261.33  placed in a special advertising account 
261.34  for use by the office of tourism to 
261.35  purchase additional media. 
261.36  $297,000 the first year and $297,000 
261.37  the second year are for the Minnesota 
261.38  film board.  $297,000 of this 
261.39  appropriation in each year is available 
261.40  only upon receipt by the board of $1 in 
261.41  matching contributions of money or 
261.42  in-kind from nonstate sources for every 
261.43  $3 provided by this appropriation.  
261.44  Subd. 6.  Administrative Support
261.45       4,608,000      4,220,000
261.46  Sec. 3.  MINNESOTA TECHNOLOGY, INC.    6,230,000      5,355,000
261.47  $5,355,000 the first year and 
261.48  $5,355,000 the second year are for 
261.49  transfer from the general fund to the 
261.50  Minnesota Technology, Inc. fund.  It is 
261.51  the intention of the legislature that 
261.52  the base funding for the Minnesota 
261.53  Technology, Inc. fund in the 2004-2005 
261.54  biennium be $5,355,000 each year. 
261.55  $875,000 the first year is for a grant 
261.56  to Minnesota Project Innovation and is 
261.57  available until June 30, 2005.  
261.58  Sec. 4.  ECONOMIC SECURITY  
262.1   Subdivision 1.  Total 
262.2   Appropriation                         40,062,000     39,967,000
262.3                 Summary by Fund
262.4   General              29,502,000    29,407,000
262.5   Special  
262.6   Revenue Fund         10,560,000    10,560,000
262.7   Subd. 2.  Workforce Services 
262.8       12,285,000     12,265,000
262.9                 Summary by Fund
262.10  General               8,670,000     8,650,000
262.11  Special Revenue       3,615,000     3,615,000
262.12  (a) $1,990,000 the first year and 
262.13  $1,990,000 the second year are for 
262.14  displaced homemaker programs under 
262.15  Minnesota Statutes, section 268.96.  Of 
262.16  this amount, $1,750,000 each year is 
262.17  from the workforce development fund and 
262.18  $240,000 each year is from the special 
262.19  revenue fund.  The commissioner of 
262.20  economic security shall report to the 
262.21  legislature by February 15, 2005, on 
262.22  the outcome of grants under this 
262.23  paragraph. 
262.24  (b) $875,000 the first year and 
262.25  $875,000 the second year are from the 
262.26  workforce development fund for the 
262.27  Opportunities Industrialization Center 
262.28  programs.  
262.29  (c) $1,635,000 the first year and 
262.30  $1,635,000 the second year is for youth 
262.31  intervention programs under Minnesota 
262.32  Statutes, section 268.30.  Of this 
262.33  appropriation, $15,000 is for a grant 
262.34  to the Minnesota Youth Intervention 
262.35  Programs Association (YIPA) to provide 
262.36  collaborative training and technical 
262.37  assistance to community-based grantees 
262.38  of the program. 
262.39  $5,354,000 the first year and 
262.40  $5,354,000 the second year is for the 
262.41  summer youth program.  If the 
262.42  appropriation in either year is 
262.43  insufficient, the appropriation for the 
262.44  other year is available.  Of the money 
262.45  appropriated for the summer youth 
262.46  program for the first year, $400,000 is 
262.47  immediately available.  Any remaining 
262.48  balance of the immediately available 
262.49  money is available in the first year. 
262.50  $851,000 the first year and $851,000 
262.51  the second year is for the Youthbuild 
262.52  program under Minnesota Statutes, 
262.53  sections 268.361 to 268.3661.  A 
262.54  Minnesota Youthbuild program funded 
262.55  under this section as authorized in 
262.56  Minnesota Statutes, sections 268.361 to 
262.57  268.3661, qualifies as an approved 
262.58  training program under Minnesota Rules, 
263.1   part 5200.0930, subpart 1. 
263.2   (d) $20,000 the first year is for a 
263.3   transfer to the University of Minnesota 
263.4   Duluth for the purpose of funding the 
263.5   continuation of workforce surveys in 
263.6   northeast Minnesota.  The chancellor of 
263.7   the University of Minnesota Duluth is 
263.8   requested to direct the School of 
263.9   Business and Economics to conduct a 
263.10  survey of households and businesses 
263.11  with the goal of providing information 
263.12  on regional workforce demand and 
263.13  supply.  The survey results must be 
263.14  organized and distributed as follows: 
263.15  (1) information organized in the form 
263.16  of a development information sheet to 
263.17  be used in industrial recruiting; 
263.18  (2) a formal report, similar to those 
263.19  produced by the School of Business and 
263.20  Economics previous surveys; 
263.21  (3) appropriate oral presentations to a 
263.22  reasonable number of interested 
263.23  parties; 
263.24  (4) a Web page, usable by economic 
263.25  developers and prospective industries, 
263.26  summarizing the data; and 
263.27  (5) continuous updates to be presented 
263.28  to the legislature. 
263.29  An advisory committee may be appointed 
263.30  to review and aid in the survey effort. 
263.31  Subd. 3.  Rehabilitation Services
263.32      22,837,000     22,762,000
263.33                Summary by Fund
263.34  General              15,892,000    15,817,000
263.35  Special         
263.36  Revenue Fund          6,945,000     6,945,000
263.37  $11,737,000 in the first year and 
263.38  $11,737,000 in the second year are for 
263.39  extended employment services for 
263.40  persons with severe disabilities or 
263.41  related conditions under Minnesota 
263.42  Statutes, section 268A.15.  Of this 
263.43  amount, $6,920,000 the first year and 
263.44  $6,920,000 the second year are from the 
263.45  workforce development fund.  It is the 
263.46  intention of the legislature that the 
263.47  funding for extended employment from 
263.48  the workforce development fund shall be 
263.49  $6,920,000 each year in the 2006-2007 
263.50  biennium.  
263.51  $1,874,000 the first year and 
263.52  $1,874,000 the second year are for 
263.53  grants to fund the eight centers for 
263.54  independent living.  Money not expended 
263.55  in the first year is available in the 
263.56  second year. 
264.1   $247,000 in the first year and $247,000 
264.2   in the second year are for grants to 
264.3   the Minnesota employment center for 
264.4   people who are deaf or 
264.5   hard-of-hearing.  Money not expended in 
264.6   the first year is available in the 
264.7   second year. 
264.8   $1,311,000 the first year and 
264.9   $1,311,000 the second year are for 
264.10  grants for programs that provide 
264.11  employment support services to persons 
264.12  with mental illness under Minnesota 
264.13  Statutes, sections 268A.13 and 
264.14  268A.14.  Up to $70,000 each year may 
264.15  be used for administrative and salary 
264.16  expenses. 
264.17  $75,000 the first year is for education 
264.18  for employers to support HIV/AIDS 
264.19  general education and awareness and to 
264.20  improve capacities to manage HIV/AIDS 
264.21  in the workplace.  The commissioner may 
264.22  contract with a community-based 
264.23  organization for education and legal 
264.24  and technical assistance for employers 
264.25  and their employees.  This 
264.26  appropriation is available until June 
264.27  30, 2005. 
264.28  Subd. 4.  State Services for the Blind 
264.29       4,940,000      4,940,000 
264.30  Subd. 5.  Economic Security Contingent Account
264.31  The first $2,000,000 deposited in each 
264.32  year of the biennium into the economic 
264.33  security contingent account created 
264.34  under Minnesota Statutes, section 
264.35  268.196, subdivision 3, shall be 
264.36  transferred upon deposit to the 
264.37  workforce development fund.  Deposits 
264.38  in excess of the $2,000,000 shall be 
264.39  used for purposes of the economic 
264.40  security contingent account.  It is the 
264.41  intent of the legislature that in 
264.42  future years, $2,000,000 each year will 
264.43  be transferred in this manner. 
264.44   Sec. 5.  HOUSING FINANCE AGENCY
264.45  Subdivision 1.  Total
264.46  Appropriation                         37,735,000     37,735,000
264.47  The amounts that may be spent from this 
264.48  appropriation for certain programs are 
264.49  specified in the following subdivisions.
264.50  This appropriation is for transfer to 
264.51  the housing development fund for the 
264.52  programs specified.  Except as 
264.53  otherwise indicated, this transfer is 
264.54  part of the agency's permanent budget 
264.55  base. 
264.56  Subd. 2.  Challenge Program 
264.57  $10,390,000 the first year and 
264.58  $10,390,000 the second year are for the 
264.59  economic development and housing 
265.1   challenge program under Minnesota 
265.2   Statutes, section 462A.33. 
265.3   Subd. 3.  Rental Assistance for Mentally Ill 
265.4   $1,672,000 the first year and 
265.5   $1,672,000 the second year are for a 
265.6   rental housing assistance program for 
265.7   persons with a mental illness or 
265.8   families with an adult member with a 
265.9   mental illness under Minnesota 
265.10  Statutes, section 462A.2097.  The 
265.11  agency must not reduce the funding 
265.12  under this subdivision. 
265.13  Subd. 4.  Family Homeless Prevention
265.14  $4,065,000 the first year and 
265.15  $4,065,000 the second year are for the 
265.16  family homeless prevention and 
265.17  assistance program under Minnesota 
265.18  Statutes, section 462A.204. 
265.19  Subd. 5.  Home Ownership Education, 
265.20  Counseling, and Training
265.21  $843,000 the first year and $843,000 
265.22  the second year are for the home 
265.23  ownership education, counseling, and 
265.24  training program under Minnesota 
265.25  Statutes, section 462A.209. 
265.26  Subd. 6.  Housing Trust Fund
265.27  $4,545,000 the first year and 
265.28  $4,545,000 the second year are for the 
265.29  housing trust fund to be deposited in 
265.30  the housing trust fund account created 
265.31  under Minnesota Statutes, section 
265.32  462A.201, and used for the purposes 
265.33  provided in that section.  
265.34  Subd. 7.  Affordable Rental Investment Fund
265.35  $9,832,000 the first year and 
265.36  $9,832,000 the second year are for the 
265.37  affordable rental investment fund 
265.38  program under Minnesota Statutes, 
265.39  section 462A.21, subdivision 8b. 
265.40  This appropriation is to finance the 
265.41  acquisition, rehabilitation, and debt 
265.42  restructuring of federally assisted 
265.43  rental property and for making equity 
265.44  take-out loans under Minnesota 
265.45  Statutes, section 462A.05, subdivision 
265.46  39.  The owner of the federally 
265.47  assisted rental property must agree to 
265.48  participate in the applicable federally 
265.49  assisted housing program and to extend 
265.50  any existing low-income affordability 
265.51  restrictions on the housing for the 
265.52  maximum term permitted.  The owner must 
265.53  also enter into an agreement that gives 
265.54  local units of government, housing and 
265.55  redevelopment authorities, and 
265.56  nonprofit housing organizations the 
265.57  right of first refusal if the rental 
265.58  property is offered for sale.  Priority 
265.59  must be given among comparable 
265.60  properties to properties with the 
266.1   longest remaining term under an 
266.2   agreement for federal rental 
266.3   assistance.  Priority must also be 
266.4   given among comparable rental housing 
266.5   developments to developments that are 
266.6   or will be owned by local government 
266.7   units, a housing and redevelopment 
266.8   authority, or a nonprofit housing 
266.9   organization. 
266.10  Subd. 8.  Urban Indian Housing Program 
266.11  $184,000 the first year and $184,000 
266.12  the second year are for the urban 
266.13  Indian housing program under Minnesota 
266.14  Statutes, section 462A.07, subdivision 
266.15  15.  
266.16  Subd. 9.  Tribal Indian Housing Program
266.17  $1,655,000 the first year and 
266.18  $1,655,000 the second year are for the 
266.19  tribal Indian housing program under 
266.20  Minnesota Statutes, section 462A.07, 
266.21  subdivision 14.  
266.22  Subd. 10.  Capacity Building Grants 
266.23  $334,000 the first year and $334,000 
266.24  the second year are for nonprofit 
266.25  capacity building grants under 
266.26  Minnesota Statutes, section 462A.21, 
266.27  subdivision 3b.  
266.28  Subd. 11.  Housing Rehabilitation
266.29  and Accessibility
266.30  $4,215,000 the first year and 
266.31  $4,215,000 the second year are for the 
266.32  housing rehabilitation and 
266.33  accessibility program under Minnesota 
266.34  Statutes, section 462A.05, subdivisions 
266.35  14a and 15a. 
266.36  Subd. 12.  Home Ownership
266.37  Assistance Fund
266.38  The budget base for the home ownership 
266.39  assistance fund shall be $885,000 in 
266.40  fiscal year 2006 and $885,000 in fiscal 
266.41  year 2007. 
266.42   Sec. 6.  CHILDREN, FAMILIES 
266.43  AND LEARNING 
266.44  Subdivision 1.  Total
266.45  Appropriation                          4,638,000      4,638,000
266.46  Subd. 2.  Transitional Housing 
266.47       3,788,000      3,788,000
266.48  For transitional housing grants under 
266.49  Minnesota Statutes, section 119A.43. 
266.50  Subd. 3.  Emergency Services
266.51         850,000        850,000
266.52  For emergency services grants under 
266.53  Laws 1997, chapter 162, article 3, 
267.1   section 7. 
267.2   Sec. 7.  LABOR AND INDUSTRY 
267.3   Subdivision 1.  Total             
267.4   Appropriation                         24,230,000     23,925,000
267.5                 Summary by Fund
267.6   General               3,225,000     3,225,000
267.7   Workers'     
267.8   Compensation         20,097,000    19,792,000
267.9   Special   
267.10  Revenue Fund            908,000       908,000
267.11  The amounts that may be spent from this 
267.12  appropriation for each program are 
267.13  specified in the following subdivisions.
267.14  Subd. 2.  Workers' Compensation 
267.15      10,346,000     10,346,000 
267.16  This appropriation is from the workers' 
267.17  compensation fund. 
267.18  $125,000 the first year and $125,000 
267.19  the second year are for grants to the 
267.20  Vinland Center for rehabilitation 
267.21  service. 
267.22  Subd. 3.  Workplace Services
267.23      8,292,000       8,292,000
267.24                Summary by Fund
267.25  General               3,225,000     3,225,000
267.26  Workers'
267.27  Compensation          4,159,000     4,159,000
267.28  Special   
267.29  Revenue Fund            908,000       908,000 
267.30  $204,000 the first year and $204,000 
267.31  the second year are for labor education 
267.32  and advancement program grants.  This 
267.33  appropriation is from the workforce 
267.34  development fund. 
267.35  $345,000 the first year and $345,000 
267.36  the second year are for boiler 
267.37  inspections under Minnesota Statutes, 
267.38  section 183.38, subdivision 1.  This is 
267.39  a onetime appropriation and is not 
267.40  added to the department's base. 
267.41  Subd. 4.  General Support 
267.42       5,592,000      5,287,000
267.43  This appropriation is from the workers' 
267.44  compensation fund. 
267.45  Sec. 8.  BUREAU OF MEDIATION SERVICES 
267.46  Subdivision 1.  Total
267.47  Appropriation                          1,825,000      1,825,000
268.1   The amounts that may be spent from this 
268.2   appropriation for each program are 
268.3   specified in the following subdivisions.
268.4   Subd. 2.  Mediation Services 
268.5        1,673,000      1,673,000
268.6   Subd. 3.  Labor Management 
268.7   Cooperation Grants
268.8          152,000        152,000
268.9   $152,000 each year is for grants to 
268.10  area labor-management committees.  Any 
268.11  unencumbered balance remaining at the 
268.12  end of the first year does not cancel 
268.13  but is available for the second year. 
268.14  Sec. 9.  WORKERS' COMPENSATION
268.15  COURT OF APPEALS                       1,618,000      1,618,000
268.16  This appropriation is from the workers' 
268.17  compensation fund. 
268.18  Sec. 10.  MINNESOTA HISTORICAL 
268.19  SOCIETY 
268.20  Subdivision 1.  Total       
268.21  Appropriation                         26,833,000     26,705,000
268.22  The amounts that may be spent from this 
268.23  appropriation for each program are 
268.24  specified in the following subdivisions.
268.25  Subd. 2.  Education and     
268.26  Outreach 
268.27      15,107,000     15,107,000
268.28  Subd. 3.  Preservation and Access
268.29      11,378,000     11,378,000
268.30  Subd. 4.  Fiscal Agent 
268.31         348,000        220,000 
268.32  (a) Minnesota International Center 
268.33          43,000         42,000
268.34  (b) Minnesota Air National   
268.35  Guard Museum 
268.36          16,000        -0-
268.37  (c) Institute for Learning and
268.38  Teaching - Project 120
268.39          94,000         93,000 
268.40  (d) Minnesota Military Museum
268.41          68,000        -0-
268.42  (e) Farmamerica
268.43         128,000         85,000 
269.1   Notwithstanding any other law, this 
269.2   appropriation may be used for 
269.3   operations. 
269.4   (f) Balances Forward
269.5   Any unencumbered balance remaining in 
269.6   this subdivision the first year does 
269.7   not cancel but is available for the 
269.8   second year of the biennium. 
269.9   Subd. 5.  Fund Transfer
269.10  The society may reallocate funds 
269.11  appropriated in and between 
269.12  subdivisions 2 and 3 for any program 
269.13  purposes. 
269.14  Sec. 11.  BOARD OF ARTS               10,605,000     10,605,000
269.15  Any unencumbered balance remaining in 
269.16  this section the first year does not 
269.17  cancel but is available for the second 
269.18  year of the biennium. 
269.19  Sec. 12.  MINNESOTA HUMANITIES
269.20  COMMISSION                               795,000        795,000
269.21  Any unencumbered balance remaining in 
269.22  the first year does not cancel but is 
269.23  available for the second year of the 
269.24  biennium. 
269.25   Sec. 13.  COMMERCE                      408,000        408,000
269.26  $408,000 the first year and $408,000 
269.27  the second year is for transfer to the 
269.28  energy and conservation account 
269.29  established in Minnesota Statutes, 
269.30  section 216B.241, subdivision 2a, for 
269.31  programs to improve the energy 
269.32  efficiency of residential oil-fired 
269.33  heating plants in low-income households 
269.34  and, when necessary, to provide 
269.35  weatherization services to the homes. 
269.36     Sec. 14.  [CANCELLATIONS AND TRANSFERS.] 
269.37     (a) Of the appropriation made to the department of trade 
269.38  and economic development in Laws 1997, chapter 200, article 1, 
269.39  section 2, subdivision 2, $361,000 is canceled to the general 
269.40  fund. 
269.41     (b) Of the appropriation made to the public facilities 
269.42  authority in Laws 2000, chapter 492, article 1, section 22, 
269.43  subdivision 3, $700,000 is canceled to the general fund. 
269.44     (c) After July 1, 2003, but before September 30, 2003, the 
269.45  commissioner of finance shall transfer $800,000 of the 
269.46  unexpended balance in the tourism loan account established under 
269.47  Minnesota Statutes, section 116J.617, subdivision 5, to the 
269.48  general fund. 
270.1      (d) Any repayments of principal and any interest earned on 
270.2   money previously in the tourism loan account under Minnesota 
270.3   Statutes, section 116J.617, shall be deposited in the general 
270.4   fund. 
270.5      (e) $5,532,000 of the contingency reserve within the 
270.6   employee insurance trust fund maintained under Minnesota 
270.7   Statutes, section 43A.30, subdivision 6, is transferred to the 
270.8   general fund. 
270.9      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
270.10  following final enactment. 
270.11     Sec. 15.  Laws 2002, chapter 220, article 13, section 9, 
270.12  subdivision 2, as amended by Laws 2002, chapter 374, article 8, 
270.13  section 6, is amended to read: 
270.14     Subd. 2.  [SPECIAL COMPENSATION FUND.] After June 1, 2003, 
270.15  but no later than June 30, 2003, the commissioner of finance 
270.16  shall transfer $250,000,000 $265,000,000 in assets of the excess 
270.17  surplus account of the special compensation fund created under 
270.18  Minnesota Statutes, section 176.129, to the general fund. 
270.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
270.20  following final enactment. 
270.21     Sec. 16.  [FEDERAL FUND APPROVAL.] 
270.22     Requests to spend federal grants and aids as shown in the 
270.23  biennial budget document and its supplements for the departments 
270.24  of trade and economic development, economic security, and labor 
270.25  and industry; the Minnesota housing finance agency; and 
270.26  Minnesota Technology, Inc., for which further review was 
270.27  requested under Minnesota Statutes, section 3.3005, subdivision 
270.28  2a, in January or February 2003, are approved and the amounts 
270.29  shown in the budget documents are appropriated for the purpose 
270.30  indicated in the request. 
270.31     Sec. 17.  [GATS REVIEW AND REPORT.] 
270.32     The commissioner of commerce shall analyze and report to 
270.33  the legislature on the negative and positive impacts of the new 
270.34  round of talks under the World Trade Organization called the 
270.35  General Agreement on Trade and Services (GATS), especially those 
270.36  rules that would interfere with small businesses regulation, 
271.1   regulation of financial institutions and insurance, licensing of 
271.2   professional trades, and report back to the chairs of the 
271.3   legislative committees with jurisdiction over commerce and jobs 
271.4   and economic development by January 15, 2004.  For the purpose 
271.5   of gathering and analyzing data, the commissioner of commerce is 
271.6   encouraged to work with community resources with specific 
271.7   expertise relating to these concerns, such as the Carlson School 
271.8   of Business, the Humphrey Institute of Public Policy, the 
271.9   University of Minnesota Labor Education Service, and other trade 
271.10  and labor organizations. 
271.11     Sec. 18.  [BOILER INSPECTION AND LICENSE FEE SURCHARGE.] 
271.12     The commissioner of labor and industry may impose a 
271.13  surcharge of $5 on each of the fees authorized under Minnesota 
271.14  Statutes, section 183.545, subdivisions 2, 3, and 4, for the 
271.15  period starting July 1, 2003, and ending June 30, 2005. 
271.16     Sec. 19.  [REPEALER.] 
271.17     Minnesota Statutes 2002, section 116J.617, is repealed. 
271.18                             ARTICLE 10
271.19            DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT
271.20                         POLICY PROVISIONS
271.21     Section 1.  Minnesota Statutes 2002, section 17.101, 
271.22  subdivision 1, is amended to read: 
271.23     Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
271.24  expanding, improving, and developing production and marketing of 
271.25  products of Minnesota agriculture, the commissioner shall 
271.26  encourage and promote the production and marketing of these 
271.27  products by means of:  
271.28     (a) advertising Minnesota agricultural products; 
271.29     (b) assisting state agricultural commodity organizations; 
271.30     (c) developing methods to increase processing and marketing 
271.31  of agricultural commodities including commodities not being 
271.32  produced in Minnesota on a commercial scale, but which may have 
271.33  economic potential in national and international markets; 
271.34     (d) investigating and identifying new marketing technology 
271.35  and methods to enhance the competitive position of Minnesota 
271.36  agricultural products; 
272.1      (e) evaluating livestock marketing opportunities; 
272.2      (f) assessing and developing national and international 
272.3   markets for Minnesota agricultural products; 
272.4      (g) studying the conversion of raw agricultural products to 
272.5   manufactured products including ethanol; 
272.6      (h) hosting the visits of foreign trade teams to Minnesota 
272.7   and defraying the teams' expenses; 
272.8      (i) assisting Minnesota agricultural businesses desiring to 
272.9   sell their products; 
272.10     (j) conducting research to eliminate or reduce specific 
272.11  production or technological barriers to market development and 
272.12  trade; and 
272.13     (k) other activities the commissioner deems appropriate to 
272.14  promote Minnesota agricultural products, provided that the 
272.15  activities do not duplicate programs or services provided by the 
272.16  Minnesota trade division or the Minnesota world trade center. 
272.17     Sec. 2.  Minnesota Statutes 2002, section 41A.036, 
272.18  subdivision 2, is amended to read: 
272.19     Subd. 2.  [SMALL BUSINESS DEVELOPMENT LOANS; PREFERENCES.] 
272.20  The following eligible small businesses have preference among 
272.21  all business applicants for small business development loans: 
272.22     (1) businesses located in rural areas of the state that are 
272.23  experiencing the most severe unemployment rates in the state; 
272.24     (2) businesses that are likely to expand and provide 
272.25  additional permanent employment in rural areas of the state, or 
272.26  enhance the quality of existing jobs in those areas; 
272.27     (3) businesses located in border communities that 
272.28  experience a competitive disadvantage due to location; 
272.29     (4) businesses that have been unable to obtain traditional 
272.30  financial assistance due to a disadvantageous location, minority 
272.31  ownership, or other factors rather than due to the business 
272.32  having been considered a poor financial risk; 
272.33     (5) businesses that utilize state resources and reduce 
272.34  state dependence on outside resources, and that produce products 
272.35  or services consistent with the long-term social and economic 
272.36  needs of the state; and 
273.1      (6) businesses located in designated enterprise zones, as 
273.2   described in section 469.168. 
273.3      Sec. 3.  Minnesota Statutes 2002, section 115C.08, 
273.4   subdivision 4, is amended to read: 
273.5      Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
273.6   spent: 
273.7      (1) to administer the petroleum tank release cleanup 
273.8   program established in this chapter; 
273.9      (2) for agency administrative costs under sections 116.46 
273.10  to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
273.11  action taken by the agency under section 115C.03, including 
273.12  investigations; 
273.13     (3) for costs of recovering expenses of corrective actions 
273.14  under section 115C.04; 
273.15     (4) for training, certification, and rulemaking under 
273.16  sections 116.46 to 116.50; 
273.17     (5) for agency administrative costs of enforcing rules 
273.18  governing the construction, installation, operation, and closure 
273.19  of aboveground and underground petroleum storage tanks; 
273.20     (6) for reimbursement of the environmental response, 
273.21  compensation, and compliance account under subdivision 5 and 
273.22  section 115B.26, subdivision 4; 
273.23     (7) for administrative and staff costs as set by the board 
273.24  to administer the petroleum tank release program established in 
273.25  this chapter; 
273.26     (8) for corrective action performance audits under section 
273.27  115C.093; and 
273.28     (9) for contamination cleanup grants, as provided in 
273.29  paragraph (c). 
273.30     (b) Except as provided in paragraph (c), money in the fund 
273.31  is appropriated to the board to make reimbursements or payments 
273.32  under this section. 
273.33     (c) $6,200,000 is annually appropriated from the fund to 
273.34  the commissioner of trade and economic development for 
273.35  contamination cleanup grants under section 116J.554.  Of this 
273.36  amount, the commissioner may spend up to $120,000 $180,000 
274.1   annually for administration of the contamination cleanup grant 
274.2   program.  The appropriation does not cancel and is available 
274.3   until expended.  The appropriation shall not be withdrawn from 
274.4   the fund nor the fund balance reduced until the funds are 
274.5   requested by the commissioner of trade and economic 
274.6   development.  The commissioner shall schedule requests for 
274.7   withdrawals from the fund to minimize the necessity to impose 
274.8   the fee authorized by subdivision 2.  Unless otherwise provided, 
274.9   the appropriation in this paragraph may be used for: 
274.10     (1) project costs at a qualifying site if a portion of the 
274.11  cleanup costs are attributable to petroleum contamination; and 
274.12     (2) the costs of performing contamination investigation if 
274.13  there is a reasonable basis to suspect the contamination is 
274.14  attributable to petroleum. 
274.15     <b>[EFFECTIVE DATE.]</b> This section is effective June 30, 2003. 
274.16     Sec. 4.  Minnesota Statutes 2002, section 116J.011, is 
274.17  amended to read: 
274.18     116J.011 [MISSION.] 
274.19     The mission of the department of trade and economic 
274.20  development is to employ all of the available state government 
274.21  resources to facilitate an economic environment that produces 
274.22  net new job growth in excess of the national average, to improve 
274.23  the quality of existing jobs, and to increase nonresident and 
274.24  resident tourism revenues.  It is part of the department's 
274.25  mission that within the department's resources the commissioner 
274.26  shall endeavor to: 
274.27     (1) prevent the waste or unnecessary spending of public 
274.28  money; 
274.29     (2) use innovative fiscal and human resource practices to 
274.30  manage the state's resources and operate the department as 
274.31  efficiently as possible; 
274.32     (3) coordinate the department's activities wherever 
274.33  appropriate with the activities of other governmental agencies; 
274.34     (4) use technology where appropriate to increase agency 
274.35  productivity, improve customer service, increase public access 
274.36  to information about government, and increase public 
275.1   participation in the business of government; 
275.2      (5) utilize constructive and cooperative labor-management 
275.3   practices to the extent otherwise required by chapters 43A and 
275.4   179A; 
275.5      (6) report to the legislature on the performance of agency 
275.6   operations and the accomplishment of agency goals in the 
275.7   agency's biennial budget according to section 16A.10, 
275.8   subdivision 1; and 
275.9      (7) recommend to the legislature appropriate changes in law 
275.10  necessary to carry out the mission and improve the performance 
275.11  of the department. 
275.12     Sec. 5.  Minnesota Statutes 2002, section 116J.411, is 
275.13  amended by adding a subdivision to read: 
275.14     Subd. 2a.  [JOB ENHANCEMENT.] "Job enhancement" means:  
275.15     (1) an increase in wages, and an increase in the 
275.16  responsibility or skill level of job duties; or 
275.17     (2) the provision of additional training or education for 
275.18  employees in existing jobs.  
275.19     Sec. 6.  Minnesota Statutes 2002, section 116J.415, 
275.20  subdivision 1, is amended to read: 
275.21     Subdivision 1.  [ORGANIZATION.] The commissioner shall make 
275.22  challenge grants to regional organizations, for the purpose of 
275.23  providing financial assistance to encourage private investment, 
275.24  to provide jobs or job enhancement for low-income persons, and 
275.25  to promote economic development in the rural areas of the state. 
275.26     Sec. 7.  Minnesota Statutes 2002, section 116J.415, 
275.27  subdivision 2, is amended to read: 
275.28     Subd. 2.  [FUNDING REGIONS.] The commissioner shall divide 
275.29  the state outside of the metropolitan area as defined in section 
275.30  473.121, subdivision 2, into six regions.  A region's boundaries 
275.31  must be coterminous with the boundaries of one or more of the 
275.32  development regions established under section 462.385.  The 
275.33  commissioner shall designate up to $1,000,000 for each region, 
275.34  to be awarded over a period of three years allocate all funds 
275.35  remaining in each regional subaccount of the rural 
275.36  rehabilitation account, as established under section 116J.955, 
276.1   to each respective regional organization.  The money designated 
276.2   to each region must be used for revolving loans assistance 
276.3   authorized in this section.  
276.4      Sec. 8.  Minnesota Statutes 2002, section 116J.415, 
276.5   subdivision 4, is amended to read: 
276.6      Subd. 4.  [REVOLVING LOAN FUND.] A regional organization 
276.7   shall establish a commissioner certified revolving loan fund to 
276.8   provide loans to new and expanding businesses in rural Minnesota 
276.9   to promote economic development in rural Minnesota.  Eligible 
276.10  business enterprises include technologically innovative 
276.11  industries, value-added manufacturing, agriprocessing, 
276.12  information industries, and agricultural marketing.  Loan 
276.13  applications given preliminary approval by the organization must 
276.14  be forwarded to the commissioner for final approval.  The amount 
276.15  of state money allocated for each loan is appropriated from the 
276.16  rural rehabilitation account established in section 116J.955 to 
276.17  the organization's regional revolving loan fund when the 
276.18  commissioner gives final approval for each loan.  The amount of 
276.19  money appropriated from the rural rehabilitation account may not 
276.20  exceed 50 percent for each loan.  The amount of nonpublic money 
276.21  must equal at least 50 percent for each loan.  Funds may be used 
276.22  to provide loans, loan guarantees, interest buy-downs, and other 
276.23  forms of participation with private sources of financing, 
276.24  provided that the financial assistance must be for a principal 
276.25  amount that does not exceed one-half of the cost of the project 
276.26  for which financing is sought. 
276.27     Sec. 9.  Minnesota Statutes 2002, section 116J.415, 
276.28  subdivision 5, is amended to read: 
276.29     Subd. 5.  [LOAN ASSISTANCE CRITERIA.] The following 
276.30  criteria apply to loans made under Projects supported through 
276.31  the challenge grant program must be used principally to benefit 
276.32  low-income persons by:  
276.33     (1) loans must be made to businesses that are not likely to 
276.34  undertake a project for which loans are sought without 
276.35  assistance from the challenge grant program; 
276.36     (2) a loan must be used for a project designed principally 
277.1   to benefit low-income persons through the creation of job or 
277.2   business opportunities for them; 
277.3      (3) the minimum loan is $5,000 and the maximum is $200,000; 
277.4      (4) a loan may not exceed 50 percent of the total cost of 
277.5   an individual project; 
277.6      (5) a loan may not be used for a retail development 
277.7   project; and 
277.8      (6) a business applying for a loan, except a 
277.9   microenterprise loan under subdivision 6, must be sponsored by a 
277.10  resolution of the governing body of the local governmental unit 
277.11  within whose jurisdiction the project is located. 
277.12     (1) creating new jobs, job enhancement, or retaining 
277.13  existing jobs; 
277.14     (2) increasing the local tax base; 
277.15     (3) demonstrating that investment of public dollars induces 
277.16  private funds; 
277.17     (4) providing higher wage levels to the community or adding 
277.18  value to current workforce skills; 
277.19     (5) retaining existing business; or 
277.20     (6) attracting out-of-state business. 
277.21     Sec. 10.  Minnesota Statutes 2002, section 116J.415, 
277.22  subdivision 7, is amended to read: 
277.23     Subd. 7.  [REVOLVING FUND ADMINISTRATION.] (a) The 
277.24  commissioner shall establish a minimum interest rate for loans 
277.25  to ensure that necessary management costs are covered.  
277.26     (b) Loan Repayment amounts equal to one-half of the 
277.27  principal and interest must be deposited in the rural 
277.28  rehabilitation revolving fund for challenge grants to the region 
277.29  from which the money was originally designated.  The remaining 
277.30  amount of the loan repayment may must be deposited in the 
277.31  regional revolving loan fund for further distribution by the 
277.32  regional organization, consistent with the loan criteria 
277.33  specified in subdivisions 4 and 5. 
277.34     (c) The first $1,000,000 of revolving loans for each region 
277.35  must be matched by nonstate sources.  The matching requirement 
277.36  does not apply to loans made under paragraph (b). 
278.1      (d) Administrative expenses of each organization may be 
278.2   paid out of the interest earned on loans and on interest earned 
278.3   on money invested by the state board of investment under section 
278.4   116J.413, subdivision 2. 
278.5      Sec. 11.  Minnesota Statutes 2002, section 116J.415, 
278.6   subdivision 11, is amended to read: 
278.7      Subd. 11.  [REPORTING REQUIREMENTS.] An organization that 
278.8   receives a challenge grant shall: 
278.9      (1) submit an annual report to the commissioner by February 
278.10  15 of each August 30 for the preceding fiscal year that includes 
278.11  a description of projects supported by the challenge grant 
278.12  program, an account of loans made, written off, and fully paid 
278.13  during the calendar year, the source and amount of money 
278.14  collected and distributed by the challenge grant program 
278.15  regional revolving fund, and the program's assets and 
278.16  liabilities, and an explanation of administrative 
278.17  expenses funds' cash balance and loans receivable; and 
278.18     (2) provide for an independent annual audit to be performed 
278.19  in accordance with generally accepted accounting practices and 
278.20  auditing standards and submit a copy of each annual audit report 
278.21  to the commissioner. 
278.22     Sec. 12.  Minnesota Statutes 2002, section 116J.553, 
278.23  subdivision 2, is amended to read: 
278.24     Subd. 2.  [REQUIRED CONTENT.] (a) The commissioner shall 
278.25  prescribe and provide the application form.  The application 
278.26  must include at least the following information: 
278.27     (1) identification of the site; 
278.28     (2) an approved response action plan for the site, 
278.29  including the results of engineering and other tests showing the 
278.30  nature and extent of the release or threatened release of 
278.31  contaminants at the site; 
278.32     (3) a detailed estimate, along with necessary supporting 
278.33  evidence, of the total cleanup costs for the site; 
278.34     (4) an appraisal of the current market value of the 
278.35  property, separately taking into account the effect of the 
278.36  contaminants on the market value, prepared by a qualified 
279.1   independent appraiser licensed under chapter 82B using accepted 
279.2   appraisal methodology or, the estimated market value of the 
279.3   property for the latest year shown on the most recent valuation 
279.4   notice used under section 273.121; 
279.5      (5) an assessment of the development potential or likely 
279.6   use of the site after completion of the response action plan, 
279.7   including any specific commitments from third parties to 
279.8   construct improvements on the site; 
279.9      (6) the manner in which the municipality will meet the 
279.10  local match requirement; and 
279.11     (7) any additional information or material that the 
279.12  commissioner prescribes. 
279.13     (b) A response action plan is not required as a condition 
279.14  to receive a grant under section 116J.554, subdivision 1, 
279.15  paragraph (c). 
279.16     Sec. 13.  Minnesota Statutes 2002, section 116J.554, 
279.17  subdivision 2, is amended to read: 
279.18     Subd. 2.  [QUALIFYING SITES.] A site qualifies for a grant 
279.19  under this section, if the following criteria are met: 
279.20     (1) the site is not scheduled for funding during the 
279.21  current or next fiscal year under the Comprehensive 
279.22  Environmental Response, Compensation, and Liability Act, United 
279.23  States Code, title 42, section 9601, et seq. or under the 
279.24  Environmental Response, and Liability Act under sections 115B.01 
279.25  to 115B.24; 
279.26     (2) the appraised value of the site after adjusting for the 
279.27  effect on the value of the presence or possible presence of 
279.28  contaminants using accepted appraisal methodology, or the 
279.29  current market value of the site as issued under section 
279.30  273.121, separately taking into account the effect of the 
279.31  contaminants on the market value, (i) is less than 75 percent of 
279.32  the estimated project costs for the site or (ii) is less than or 
279.33  equal to the estimated cleanup costs for the site and the 
279.34  cleanup costs equal or exceed $3 per square foot for the site; 
279.35  and 
279.36     (3) if the proposed cleanup is completed, it is expected 
280.1   that the site will be improved with buildings or other 
280.2   improvements and these improvements will provide a substantial 
280.3   increase in the property tax base within a reasonable period of 
280.4   time or the site will be used for an important publicly owned or 
280.5   tax-exempt facility. 
280.6      Sec. 14.  Minnesota Statutes 2002, section 116J.64, 
280.7   subdivision 2, is amended to read: 
280.8      Subd. 2.  "Indian" means a person of one-quarter or more 
280.9   Indian blood and who is an enrolled member of a federally 
280.10  recognized Minnesota based band or tribe. 
280.11     Sec. 15.  Minnesota Statutes 2002, section 116J.8731, 
280.12  subdivision 1, is amended to read: 
280.13     Subdivision 1.  [PURPOSE.] The Minnesota investment fund is 
280.14  created to provide financial assistance, through partnership 
280.15  with communities, for the creation of new employment or to 
280.16  maintain existing employment, and for business start-up, 
280.17  expansions, and retention.  It shall accomplish these goals by 
280.18  the following means: 
280.19     (1) creation or retention of permanent private-sector jobs 
280.20  in order to create above-average economic growth consistent with 
280.21  environmental protection, which includes investments in 
280.22  technology and equipment that increase productivity and provide 
280.23  for a higher wage; 
280.24     (2) stimulation or leverage of private investment to ensure 
280.25  economic renewal and competitiveness; 
280.26     (3) increasing the local tax base, based on demonstrated 
280.27  measurable outcomes, to guarantee a diversified industry mix; 
280.28     (4) improving the quality of existing jobs, based on 
280.29  increases in wages or improvements in the job duties, training, 
280.30  or education associated with those jobs; 
280.31     (5) improvement of employment and economic opportunity for 
280.32  citizens in the region to create a reasonable standard of 
280.33  living, consistent with federal and state guidelines on low- to 
280.34  moderate-income persons; and 
280.35     (5) (6) stimulation of productivity growth through improved 
280.36  manufacturing or new technologies, including cold weather 
281.1   testing.  
281.2      Sec. 16.  Minnesota Statutes 2002, section 116J.8731, 
281.3   subdivision 4, is amended to read: 
281.4      Subd. 4.  [ELIGIBLE PROJECTS.] Assistance must be evaluated 
281.5   on the existence of the following conditions: 
281.6      (1) creation of new jobs or, retention of existing jobs, or 
281.7   improvements in the quality of existing jobs as measured by the 
281.8   wages, skills, or education associated with those jobs; 
281.9      (2) increase in the tax base; 
281.10     (3) the project can demonstrate that investment of public 
281.11  dollars induces private funds; 
281.12     (4) the project can demonstrate an excessive public 
281.13  infrastructure or improvement cost beyond the means of the 
281.14  affected community and private participants in the project; 
281.15     (5) the project provides higher wage levels to the 
281.16  community or will add value to current workforce skills; 
281.17     (6) whether assistance is necessary to retain existing 
281.18  business; and 
281.19     (7) whether assistance is necessary to attract out-of-state 
281.20  business.  
281.21     A grant or loan cannot be made based solely on a finding 
281.22  that the conditions in clause (6) or (7) exist.  A finding must 
281.23  be made that a condition in clause (1), (2), (3), (4), or (5) 
281.24  also exists. 
281.25     Applications recommended for funding shall be submitted to 
281.26  the commissioner. 
281.27     Sec. 17.  Minnesota Statutes 2002, section 116J.8731, 
281.28  subdivision 5, is amended to read: 
281.29     Subd. 5.  [GRANT LIMITS.] A Minnesota investment fund grant 
281.30  may not be approved for an amount in excess of 
281.31  $500,000 $1,000,000.  This limit covers all money paid to 
281.32  complete the same project, whether paid to one or more grant 
281.33  recipients and whether paid in one or more fiscal years.  The 
281.34  portion of a Minnesota investment fund grant that exceeds 
281.35  $100,000 must be repaid to the state when it is repaid to the 
281.36  local community or recognized Indian tribal government by the 
282.1   person or entity to which it was loaned by the local community 
282.2   or Indian tribal government.  Money repaid to the state must be 
282.3   credited to the general fund a Minnesota investment revolving 
282.4   loan account in the state treasury.  Funds in the account are 
282.5   appropriated to the commissioner and must be used in the same 
282.6   manner as are funds appropriated to the Minnesota investment 
282.7   fund.  Funds repaid to the state through existing Minnesota 
282.8   investment fund agreements must be credited to the Minnesota 
282.9   investment revolving loan account effective July 1, 2003.  A 
282.10  grant or loan may not be made to a person or entity for the 
282.11  operation or expansion of a casino or a store which is used 
282.12  solely or principally for retail sales.  Persons or entities 
282.13  receiving grants or loans must pay each employee total 
282.14  compensation, including benefits not mandated by law, that on an 
282.15  annualized basis is equal to at least 110 percent of the federal 
282.16  poverty level for a family of four. 
282.17     Sec. 18.  Minnesota Statutes 2002, section 116J.8731, 
282.18  subdivision 7, is amended to read: 
282.19     Subd. 7.  [CONTRACTUAL OBLIGATION.] A business receiving 
282.20  Minnesota investment fund grants must demonstrate why the grant 
282.21  is necessary for a project and enter into an agreement with the 
282.22  local grantor.  The agreement, among other things, must obligate 
282.23  the recipient to pay the minimum compensation set by this 
282.24  section and meet job creation or job enhancement goals.  A 
282.25  recipient that breaches the agreement must repay the grant 
282.26  directly to the commissioner.  Repayments under this subdivision 
282.27  must be deposited in the general fund Minnesota investment 
282.28  revolving loan account.  If the commissioner determines, during 
282.29  the repayment period of a Minnesota investment fund loan, that 
282.30  the project for which the loan was made is in imminent danger of 
282.31  ceasing operations due to financial difficulties, the 
282.32  commissioner may elect to delay loan payments due on the loan 
282.33  for a period of no more than two years.  In making a 
282.34  determination about whether a recipient qualifies for possible 
282.35  delay in payments, the commissioner must consider all available 
282.36  information regarding the health of the affected business and 
283.1   the industry in which it operates, the potential for 
283.2   displacement of workers in the event that operations cease, and 
283.3   the likelihood that a delay of payments will provide the 
283.4   business with a reasonable ability to improve its financial 
283.5   condition. 
283.6      Sec. 19.  [116J.8747] [JOB TRAINING PROGRAM GRANT.] 
283.7      Subdivision 1.  [GRANT ALLOWED.] The commissioner may 
283.8   provide a grant to a qualified job training program from money 
283.9   appropriated for the purposes of this section as follows: 
283.10     (1) a $9,000 placement grant paid to a job training program 
283.11  upon placement in employment of a qualified graduate of the 
283.12  program; and 
283.13     (2) a $9,000 retention grant paid to a job training program 
283.14  upon retention in employment of a qualified graduate of the 
283.15  program for at least one year. 
283.16     Subd. 2.  [QUALIFIED JOB TRAINING PROGRAM.] To qualify for 
283.17  grants under this section, a job training program must satisfy 
283.18  the following requirements: 
283.19     (1) the program must be operated by a nonprofit corporation 
283.20  that qualifies under section 501(c)(3) of the Internal Revenue 
283.21  Code; 
283.22     (2) the program must spend at least $15,000 per graduate of 
283.23  the program; 
283.24     (3) the program must provide education and training in: 
283.25     (i) basic skills, such as reading, writing, mathematics, 
283.26  and communications; 
283.27     (ii) thinking skills, such as reasoning, creative thinking, 
283.28  decision making, and problem solving; and 
283.29     (iii) personal qualities, such as responsibility, 
283.30  self-esteem, self-management, honesty, and integrity; 
283.31     (4) the program must provide income supplements, when 
283.32  needed, to participants for housing, counseling, tuition, and 
283.33  other basic needs; 
283.34     (5) the program's education and training course must last 
283.35  for at least six months; 
283.36     (6) individuals served by the program must: 
284.1      (i) be 18 years of age or older; 
284.2      (ii) have federal adjusted gross income of no more than 
284.3   $11,000 per year in the two years immediately before entering 
284.4   the program; 
284.5      (iii) have assets of no more than $7,000, excluding the 
284.6   value of a homestead; and 
284.7      (iv) not have been claimed as a dependent on the federal 
284.8   tax return of another person in the previous taxable year; and 
284.9      (7) the program must be certified by the commissioner of 
284.10  trade and economic development as meeting the requirements of 
284.11  this subdivision. 
284.12     Subd. 3.  [GRADUATION AND RETENTION GRANT 
284.13  REQUIREMENTS.] For purposes of a placement grant under this 
284.14  section, a qualified graduate is a graduate of a job training 
284.15  program qualifying under subdivision 2 who is placed in a job in 
284.16  Minnesota that pays at least $9 per hour or its equivalent plus 
284.17  health care benefits.  To qualify for a retention grant under 
284.18  this section for a retention fee, a job in which the graduate is 
284.19  retained must pay at least $10 per hour or its equivalent plus 
284.20  health care benefits at the end of the first year of employment. 
284.21     Subd. 4.  [DUTIES OF PROGRAM.] (a) A program certified by 
284.22  the commissioner under subdivision 2 must comply with the 
284.23  requirements of this subdivision. 
284.24     (b) A program must maintain records for each qualified 
284.25  graduate.  The records must include information sufficient to 
284.26  verify the graduate's eligibility under this section, identify 
284.27  the employer, and describe the job including its compensation 
284.28  rate and benefits. 
284.29     (c) A program must report by January 1 of each year to the 
284.30  commissioner.  The report must include, at least, information on:
284.31     (1) the number of graduates placed; 
284.32     (2) demographic information on the graduates; 
284.33     (3) the type of position in which each graduate is placed, 
284.34  including compensation information; 
284.35     (4) the tenure of each graduate at the placed position or 
284.36  in other jobs; 
285.1      (5) the amount of employer fees paid to the program; 
285.2      (6) the amount of money raised by the program from other 
285.3   sources; and 
285.4      (7) the types and sizes of employers with which graduates 
285.5   have been placed and retained. 
285.6      Sec. 20.  Minnesota Statutes 2002, section 116J.955, 
285.7   subdivision 2, is amended to read: 
285.8      Subd. 2.  [EXPENDITURE OF ACCOUNT.] The commissioner may 
285.9   use the rural rehabilitation account for the purposes that are 
285.10  allowed under the Minnesota rural rehabilitation corporation's 
285.11  charter and agreement with, as may be amended or modified by, 
285.12  the United States Secretary of Agriculture as provided in Public 
285.13  Law Number 499, 81st Congress, enacted May 3, 1950 and as 
285.14  allowed under Laws 1987, chapter 386, article 1.  Not more than 
285.15  three percent of the combined book value of the Minnesota rural 
285.16  rehabilitation corporation's assets account and the regional 
285.17  revolving funds may be used for administrative purposes in a 
285.18  year without approval of the United States Secretary of 
285.19  Agriculture.  Any funds used for administrative purposes may 
285.20  only be drawn from money remaining in the Minnesota rural 
285.21  rehabilitation account.  
285.22     Sec. 21.  Minnesota Statutes 2002, section 116J.966, 
285.23  subdivision 1, is amended to read: 
285.24     Subdivision 1.  [GENERALLY.] (a) The commissioner shall 
285.25  promote, develop, and facilitate trade and foreign investment in 
285.26  Minnesota.  In furtherance of these goals, and in addition to 
285.27  the powers granted by section 116J.035, the commissioner may:  
285.28     (1) locate, develop, and promote international markets for 
285.29  Minnesota products and services; 
285.30     (2) arrange and lead trade missions to countries with 
285.31  promising international markets for Minnesota goods, technology, 
285.32  services, and agricultural products; 
285.33     (3) promote Minnesota products and services at domestic and 
285.34  international trade shows; 
285.35     (4) organize, promote, and present domestic and 
285.36  international trade shows featuring Minnesota products and 
286.1   services; 
286.2      (5) host trade delegations and assist foreign traders in 
286.3   contacting appropriate Minnesota businesses and investments; 
286.4      (6) develop contacts with Minnesota businesses and gather 
286.5   and provide information to assist them in locating and 
286.6   communicating with international trading or joint venture 
286.7   counterparts; 
286.8      (7) provide information, education, and counseling services 
286.9   to Minnesota businesses regarding the economic, commercial, 
286.10  legal, and cultural contexts of international trade; 
286.11     (8) provide Minnesota businesses with international trade 
286.12  leads and information about the availability and sources of 
286.13  services relating to international trade, such as export 
286.14  financing, licensing, freight forwarding, international 
286.15  advertising, translation, and custom brokering; 
286.16     (9) locate, attract, and promote foreign direct investment 
286.17  and business development in Minnesota to enhance employment 
286.18  opportunities in Minnesota; 
286.19     (10) provide foreign businesses and investors desiring to 
286.20  locate facilities in Minnesota information regarding sources of 
286.21  governmental, legal, real estate, financial, and business 
286.22  services; 
286.23     (11) enter into contracts or other agreements with private 
286.24  persons and public entities, including agreements to establish 
286.25  and maintain offices and other types of representation in 
286.26  foreign countries, to carry out the purposes of promoting 
286.27  international trade and attracting investment from foreign 
286.28  countries to Minnesota and to carry out this section, without 
286.29  regard to section 16C.06; and 
286.30     (12) market trade-related materials to businesses and 
286.31  organizations, and the proceeds of which must be placed in a 
286.32  special revolving account and are appropriated to the 
286.33  commissioner to prepare and distribute trade-related materials.  
286.34     (b) The programs and activities of the commissioner of 
286.35  trade and economic development and the Minnesota trade division 
286.36  may not duplicate programs and activities of the commissioner of 
287.1   agriculture or the Minnesota world trade center. 
287.2      (c) The commissioner shall notify the chairs of the senate 
287.3   finance and house appropriations committees of each agreement 
287.4   under this subdivision to establish and maintain an office or 
287.5   other type of representation in a foreign country. 
287.6      Sec. 22.  Minnesota Statutes 2002, section 116J.994, 
287.7   subdivision 4, is amended to read: 
287.8      Subd. 4.  [WAGE AND JOB GOALS.] The subsidy agreement, in 
287.9   addition to any other goals, must include:  (1) goals for the 
287.10  number of jobs created, which may include separate goals for the 
287.11  number of part-time or full-time jobs, or, in cases where job 
287.12  loss is specific and demonstrable, goals for the number of jobs 
287.13  retained; and (2) wage goals for the any jobs created or 
287.14  retained; and (3) wage goals for any jobs to be enhanced through 
287.15  increased wages.  After a public hearing, if the creation or 
287.16  retention of jobs is determined not to be a goal, the wage and 
287.17  job goals may be set at zero. 
287.18     In addition to other specific goal time frames, the wage 
287.19  and job goals must contain specific goals to be attained within 
287.20  two years of the benefit date. 
287.21     Sec. 23.  Minnesota Statutes 2002, section 116J.995, is 
287.22  amended to read: 
287.23     116J.995 [ECONOMIC GRANTS.] 
287.24     An appropriation rider in an appropriation to the 
287.25  department of trade and economic development that specifies that 
287.26  the appropriation be granted to a particular business or class 
287.27  of businesses must contain a statement of the expected benefits 
287.28  associated with the grant.  At a minimum, the statement must 
287.29  include goals for the number of jobs created or enhanced, wages 
287.30  paid, and the tax revenue increases due to the grant.  The wage 
287.31  and job goals must contain specific goals to be attained within 
287.32  two years of the benefit date.  The statement must specify the 
287.33  recipient's obligation if the recipient does not attain the 
287.34  goals.  At a minimum, the statement must require a recipient 
287.35  failing to meet the job and wage goals to pay back the 
287.36  assistance plus interest to the department of trade and economic 
288.1   development provided that repayment may be prorated to reflect 
288.2   partial fulfillment of goals.  The interest rate must be set at 
288.3   no less than the implicit price deflator as defined under 
288.4   116J.994, subdivision 6.  The legislature, after a public 
288.5   hearing, may extend for up to one year the period for meeting 
288.6   the goals provided in the statement. 
288.7      Sec. 24.  Minnesota Statutes 2002, section 116L.02, is 
288.8   amended to read: 
288.9      116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.] 
288.10     (a) The Minnesota job skills partnership program is created 
288.11  to act as a catalyst to bring together employers with specific 
288.12  training needs with educational or other nonprofit institutions 
288.13  which can design programs to fill those needs.  The partnership 
288.14  shall work closely with employers to prepare, train, and place 
288.15  prospective or incumbent workers in identifiable positions as 
288.16  well as assisting educational or other nonprofit institutions in 
288.17  developing training programs that coincide with current and 
288.18  future employer requirements.  The partnership shall provide 
288.19  grants to educational or other nonprofit institutions for the 
288.20  purpose of training workers.  A participating business must 
288.21  match the grant-in-aid made by the Minnesota job skills 
288.22  partnership.  The match may be in the form of funding, 
288.23  equipment, or faculty. 
288.24     (b) The partnership program shall administer the health 
288.25  care and human services worker training and retention program 
288.26  under sections 116L.10 to 116L.15. 
288.27     (c) The partnership program is authorized to use funds to 
288.28  provide vouchers for individuals who have incomes at or below 
288.29  200 percent of the federal poverty line.  The board may grant 
288.30  funds to eligible recipients to pay for vouchers for 
288.31  board-certified training.  Eligible recipients of grants may 
288.32  include public, private, or nonprofit entities that provide 
288.33  employment services to low-income individuals.  
288.34     Sec. 25.  Minnesota Statutes 2002, section 116L.04, 
288.35  subdivision 1, is amended to read: 
288.36     Subdivision 1.  [PARTNERSHIP PROGRAM.] (a) The partnership 
289.1   program may provide grants-in-aid to educational or other 
289.2   nonprofit educational institutions using the following 
289.3   guidelines:  
289.4      (1) the educational or other nonprofit educational 
289.5   institution is a provider of training within the state in either 
289.6   the public or private sector; 
289.7      (2) the program involves skills training that is an area of 
289.8   employment need; and 
289.9      (3) preference will be given to educational or other 
289.10  nonprofit training institutions which serve economically 
289.11  disadvantaged people, minorities, or those who are victims of 
289.12  economic dislocation and to businesses located in rural areas.  
289.13     (b) A single grant to any one institution shall not exceed 
289.14  $400,000.  Up to 25 percent of a grant may be used for 
289.15  preemployment training. 
289.16     Sec. 26.  Minnesota Statutes 2002, section 116L.04, 
289.17  subdivision 1a, is amended to read: 
289.18     Subd. 1a.  [PATHWAYS PROGRAM.] The pathways program may 
289.19  provide grants-in-aid for developing programs which assist in 
289.20  the transition of persons from welfare to work and assist 
289.21  individuals at or below 200 percent of the federal poverty 
289.22  guidelines.  The program is to be operated by the board.  The 
289.23  board shall consult and coordinate with program administrators 
289.24  at the department of economic security to design and provide 
289.25  services for temporary assistance for needy families recipients. 
289.26     Pathways grants-in-aid may be awarded to educational or 
289.27  other nonprofit training institutions for education and training 
289.28  programs and services supporting education and training programs 
289.29  that serve eligible recipients. 
289.30     Preference shall be given to projects that: 
289.31     (1) provide employment with benefits paid to employees; 
289.32     (2) provide employment where there are defined career paths 
289.33  for trainees; 
289.34     (3) pilot the development of an educational pathway that 
289.35  can be used on a continuing basis for transitioning persons from 
289.36  welfare to work; and 
290.1      (4) demonstrate the active participation of department of 
290.2   economic security workforce centers, Minnesota state college and 
290.3   university institutions and other educational institutions, and 
290.4   local welfare agencies. 
290.5      Pathways projects must demonstrate the active involvement 
290.6   and financial commitment of private business.  Pathways projects 
290.7   must be matched with cash or in-kind contributions on at least a 
290.8   one-to-one ratio by participating private business. 
290.9      A single grant to any one institution shall not exceed 
290.10  $400,000.  Up to 25 percent of a grant may be used for 
290.11  preemployment training.  
290.12     The board shall annually, by March 31, report to the 
290.13  commissioners of economic security and trade and economic 
290.14  development on pathways programs, including the number of 
290.15  recipients participating in the program, the number of 
290.16  participants placed in employment, the salary and benefits they 
290.17  receive, and the state program costs per participant. 
290.18     Sec. 27.  Minnesota Statutes 2002, section 116M.14, 
290.19  subdivision 4, is amended to read: 
290.20     Subd. 4.  [LOW-INCOME AREA.] "Low-income area" means 
290.21  Minneapolis, St. Paul, and those cities in the metropolitan area 
290.22  as defined in section 473.121, subdivision 2, that have an 
290.23  average income that is below 60 80 percent of the median income 
290.24  for a four-person family as of the latest report by the United 
290.25  States Census Bureau. 
290.26     Sec. 28.  [NAFTA AND FTAA REVIEW AND REPORT.] 
290.27     The commissioner of trade and economic development shall 
290.28  analyze and report to the legislature on the negative and 
290.29  positive impacts of the North American Free Trade Agreement 
290.30  (NAFTA) and its pending expansion to 34 more countries in South 
290.31  and Central America under the pending Free Trade Areas of the 
290.32  Americas (FTAA).  The analysis shall include but not be limited 
290.33  to:  
290.34     (1) the number of manufacturing jobs in Minnesota lost to 
290.35  or gained from foreign competition and the sectors expected to 
290.36  experience job losses or gains; 
291.1      (2) the restrictions on public subsidies for economic 
291.2   development, job creation, and job training including tax free 
291.3   zones, enterprise zones, tourism promotion, bio-research 
291.4   promotion; 
291.5      (3) the treatment of foreign investors as compared to 
291.6   domestic investors; 
291.7      (4) subsidies for housing; and 
291.8      (5) other trade agreement rules that potentially conflict 
291.9   with state or local law-making authority and opportunities to 
291.10  promote economic development in Minnesota. 
291.11     The commissioner shall report preliminary findings to the 
291.12  chairs of the legislative committees with jurisdiction over 
291.13  economic development and commerce by July 15, 2003.  The 
291.14  commissioner shall make a final report by January 15, 2004, in 
291.15  order to allow the legislature and governor the option to join 
291.16  with other states who are expressing their concerns about 
291.17  potential loss of state and local governing authority to the 
291.18  United States Trade Representative, who is currently engaged in 
291.19  private negotiations in which the state and the governor have no 
291.20  representative to protect state and local sovereignty.  For the 
291.21  purpose of gathering and analyzing data, the commissioner of 
291.22  trade and economic development is encouraged to work with 
291.23  community resources with specific expertise relating to these 
291.24  concerns, such as the Carlson School of Business, the Humphrey 
291.25  Institute of Public Policy, the University of Minnesota Labor 
291.26  Education Service, and other trade and labor organizations. 
291.27     Sec. 29.  [WORKFORCE SERVICE AREA STUDY.] 
291.28     The governor's workforce development council, in 
291.29  consultation with representatives of the local workforce 
291.30  councils and local elected officials, shall study the current 
291.31  configuration of workforce services areas in Minnesota and 
291.32  whether the efficiency or quality of service delivery could be 
291.33  improved by changing the boundaries of the workforce service 
291.34  areas or reducing the number of areas.  As part of this study, 
291.35  the council shall develop recommendations for clarifying the 
291.36  governance role of the local workforce councils and strategies 
292.1   for improving the ability of the local workforce councils and 
292.2   local elected officials to oversee and manage an integrated 
292.3   service delivery system at the community level.  Before 
292.4   redesignating any workforce service area, the governor must seek 
292.5   the advice and consent of the local elected officials from the 
292.6   affected workforce services areas.  The council shall report to 
292.7   the legislative committees with jurisdiction over workforce 
292.8   development by January 15, 2004. 
292.9      Sec. 30.  [DISLOCATED WORKER PROGRAM STUDY.] 
292.10     The commissioner of the department of trade and economic 
292.11  development, in consultation with representatives of the local 
292.12  workforce councils and local elected officials, shall develop 
292.13  recommendations for legislative changes that would improve the 
292.14  efficiency of the dislocated worker program, including: 
292.15     (1) a method for allocating funds to the local workforce 
292.16  service areas and the two independent grantees that would 
292.17  eliminate the administrative burdens of managing multiple 
292.18  special projects and that allows for service plans to increase 
292.19  the number of planned enrollments in response to mass layoff 
292.20  events; 
292.21     (2) changes necessary to allow the local workforce councils 
292.22  to determine the service providers within their workforce 
292.23  service area; 
292.24     (3) a process for delegating greater responsibility to the 
292.25  local workforce councils to provide rapid response activities 
292.26  for mass layoffs with assistance from a multidisciplinary state 
292.27  rapid response team; and 
292.28     (4) changes necessary to reduce the administrative burden 
292.29  of delivering services at both the state and local levels. 
292.30     The commissioner shall report the recommendations to the 
292.31  legislative committees with jurisdiction over workforce 
292.32  development programs by January 15, 2004. 
292.33     Sec. 31.  [REPEALER.] 
292.34     Minnesota Statutes 2002, sections 13.598, subdivision 2; 
292.35  116J.411, subdivision 3; 116J.415, subdivisions 6, 9, and 10; 
292.36  116J.693; 116J.9665; and 116L.03, subdivision 7, are repealed. 
293.1                              ARTICLE 11
293.2                   DEPARTMENT OF ECONOMIC SECURITY
293.3                          POLICY PROVISIONS
293.4      Section 1.  Minnesota Statutes 2002, section 16B.37, 
293.5   subdivision 1, is amended to read: 
293.6      Subdivision 1.  [COMMISSIONER'S AUTHORITY.] To improve 
293.7   efficiency and avoid duplication, the commissioner may transfer 
293.8   personnel, powers, or duties, or any combination of them, from a 
293.9   state agency to another state agency that has been in existence 
293.10  for at least one year prior to the date of transfer, except that 
293.11  the commissioner may not issue a reorganization order affecting 
293.12  the department of economic security.  A transfer must have 
293.13  received the prior approval of the governor.  The commissioner 
293.14  shall no later than January 15 of each year submit to the 
293.15  legislature a bill making all statutory changes required by 
293.16  reorganization orders issued by the commissioner during the 
293.17  preceding calendar year.  For purposes of this section, the 
293.18  Minnesota state colleges and universities is a state agency. 
293.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
293.20  following final enactment. 
293.21     Sec. 2.  Minnesota Statutes 2002, section 248.10, is 
293.22  amended to read: 
293.23     248.10 [REHABILITATION COUNCIL FOR THE BLIND.] 
293.24     Subdivision 1.  [CREATION.] The commissioner shall 
293.25  establish a rehabilitation council for the blind consistent with 
293.26  the federal Rehabilitation Act of 1973, Public Law Number 
293.27  93-112, as amended.  Council members shall be compensated as 
293.28  provided in section 15.059, subdivision 3.  The council shall 
293.29  advise the commissioner about programs of the division of state 
293.30  services for the blind. 
293.31     Subd. 2.  [ELECTRONIC OR TELEPHONIC MEETINGS.] (a) 
293.32  Notwithstanding section 13D.01, the rehabilitation council for 
293.33  the blind may conduct a meeting of its members by telephone or 
293.34  other electronic means so long as the following conditions are 
293.35  met: 
293.36     (1) all members of the council participating in the 
294.1   meeting, wherever their physical location, can hear one another 
294.2   and can hear all discussion and testimony; 
294.3      (2) members of the public present at the regular meeting 
294.4   location of the council can hear all discussion and testimony 
294.5   and all votes of members of the council; 
294.6      (3) at least one member of the council is physically 
294.7   present at the regular meeting location; and 
294.8      (4) all votes are conducted by roll call, so each member's 
294.9   vote on each issue can be identified and recorded. 
294.10     (b) Each member of the council participating in a meeting 
294.11  by electronic means is considered present at the meeting for 
294.12  purposes of determining a quorum and participating in all 
294.13  proceedings. 
294.14     (c) If telephone or another electronic means is used to 
294.15  conduct a meeting, the council, to the extent practical, shall 
294.16  allow a person to monitor the meeting electronically from a 
294.17  remote location.  The council may require the person making such 
294.18  a connection to pay for documented marginal costs that the 
294.19  council incurs as a result of the additional connection.  
294.20     (d) If telephone or another electronic means is used to 
294.21  conduct a regular, special, or emergency meeting, the council 
294.22  shall provide notice of the regular meeting location, of the 
294.23  fact that some members may participate by electronic means, and 
294.24  of the provisions of paragraph (c).  The timing and method of 
294.25  providing notice is governed by section 13D.04. 
294.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
294.27  following final enactment. 
294.28     Sec. 3.  Minnesota Statutes 2002, section 268.022, 
294.29  subdivision 1, is amended to read: 
294.30     Subdivision 1.  [DETERMINATION AND COLLECTION OF SPECIAL 
294.31  ASSESSMENT.] (a) In addition to all other taxes, assessments, 
294.32  and payment obligations under chapter 268, each employer, except 
294.33  an employer making payments in lieu of taxes is liable for a 
294.34  special assessment levied at the rate of one-tenth of one 
294.35  percent per year until June 30, 2000, and seven-hundredths 12 
294.36  hundredths of one percent per year on and after July 1, 2000, on 
295.1   all taxable wages, as defined in section 268.035, subdivision 
295.2   24.  The assessment shall become due and be paid by each 
295.3   employer to the department on the same schedule and in the same 
295.4   manner as other taxes. 
295.5      (b) The special assessment levied under this section shall 
295.6   not affect the computation of any other taxes, assessments, or 
295.7   payment obligations due under this chapter. 
295.8      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2006.
295.9      Sec. 4.  Minnesota Statutes 2002, section 268A.02, is 
295.10  amended by adding a subdivision to read: 
295.11     Subd. 3.  [ELECTRONIC OR TELEPHONIC MEETINGS.] (a) 
295.12  Notwithstanding section 13D.01, the state rehabilitation council 
295.13  and the statewide independent living council may conduct a 
295.14  meeting of its members by telephone or other electronic means so 
295.15  long as the following conditions are met: 
295.16     (1) all members of the council participating in the 
295.17  meeting, wherever their physical location, can hear one another 
295.18  and can hear all discussion and testimony; 
295.19     (2) members of the public present at the regular meeting 
295.20  location of the council can hear all discussion and testimony 
295.21  and all votes of members of the council; 
295.22     (3) at least one member of the council is physically 
295.23  present at the regular meeting location; and 
295.24     (4) all votes are conducted by roll call, so each member's 
295.25  vote on each issue can be identified and recorded.  
295.26     (b) Each member of the council participating in a meeting 
295.27  by telephone or other electronic means is considered present at 
295.28  the meeting for purposes of determining a quorum and 
295.29  participating in all proceedings. 
295.30     (c) If telephone or other electronic means is used to 
295.31  conduct a meeting, the council, to the extent practical, shall 
295.32  allow a person to monitor the meeting electronically from a 
295.33  remote location.  The council may require the person making such 
295.34  a connection to pay for documented marginal costs that the 
295.35  council incurs as a result of the additional connection. 
295.36     (d) If telephone or other electronic means is used to 
296.1   conduct a regular, special, or emergency meeting, the council 
296.2   shall provide notice of the regular meeting location, of the 
296.3   fact that some members may participate by telephone or other 
296.4   electronic means, and of the provisions of paragraph (c).  The 
296.5   timing and method of providing notice is governed by section 
296.6   13D.04. 
296.7      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
296.8   following final enactment. 
296.9      Sec. 5.  Minnesota Statutes 2002, section 517.08, 
296.10  subdivision 1b, is amended to read: 
296.11     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
296.12  (a) The court administrator shall examine upon oath the party 
296.13  applying for a license relative to the legality of the 
296.14  contemplated marriage.  If at the expiration of a five-day 
296.15  period, on being satisfied that there is no legal impediment to 
296.16  it, including the restriction contained in section 259.13, the 
296.17  court administrator shall issue the license, containing the full 
296.18  names of the parties before and after marriage, and county and 
296.19  state of residence, with the district court seal attached, and 
296.20  make a record of the date of issuance.  The license shall be 
296.21  valid for a period of six months.  In case of emergency or 
296.22  extraordinary circumstances, a judge of the district court of 
296.23  the county in which the application is made, may authorize the 
296.24  license to be issued at any time before the expiration of the 
296.25  five days.  Except as provided in paragraph (b), the court 
296.26  administrator shall collect from the applicant a fee of $70 $80 
296.27  for administering the oath, issuing, recording, and filing all 
296.28  papers required, and preparing and transmitting to the state 
296.29  registrar of vital statistics the reports of marriage required 
296.30  by this section.  If the license should not be used within the 
296.31  period of six months due to illness or other extenuating 
296.32  circumstances, it may be surrendered to the court administrator 
296.33  for cancellation, and in that case a new license shall issue 
296.34  upon request of the parties of the original license without 
296.35  fee.  A court administrator who knowingly issues or signs a 
296.36  marriage license in any manner other than as provided in this 
297.1   section shall pay to the parties aggrieved an amount not to 
297.2   exceed $1,000. 
297.3      (b) The marriage license fee for parties who have completed 
297.4   at least 12 hours of premarital education is $20.  In order to 
297.5   qualify for the reduced fee, the parties must submit a signed 
297.6   and dated statement from the person who provided the premarital 
297.7   education confirming that it was received.  The premarital 
297.8   education must be provided by a licensed or ordained minister or 
297.9   the minister's designee, a person authorized to solemnize 
297.10  marriages under section 517.18, or a person authorized to 
297.11  practice marriage and family therapy under section 148B.33.  The 
297.12  education must include the use of a premarital inventory and the 
297.13  teaching of communication and conflict management skills.  
297.14     (c) The statement from the person who provided the 
297.15  premarital education under paragraph (b) must be in the 
297.16  following form:  
297.17     "I, (name of educator), confirm that (names of both 
297.18  parties) received at least 12 hours of premarital education that 
297.19  included the use of a premarital inventory and the teaching of 
297.20  communication and conflict management skills.  I am a licensed 
297.21  or ordained minister, a person authorized to solemnize marriages 
297.22  under Minnesota Statutes, section 517.18, or a person licensed 
297.23  to practice marriage and family therapy under Minnesota 
297.24  Statutes, section 148B.33." 
297.25     The names of the parties in the educator's statement must 
297.26  be identical to the legal names of the parties as they appear in 
297.27  the marriage license application.  Notwithstanding section 
297.28  138.17, the educator's statement must be retained for seven 
297.29  years, after which time it may be destroyed.  
297.30     (d) If section 259.13 applies to the request for a marriage 
297.31  license, the court administrator shall grant the marriage 
297.32  license without the requested name change.  Alternatively, the 
297.33  court administrator may delay the granting of the marriage 
297.34  license until the party with the conviction: 
297.35     (1) certifies under oath that 30 days have passed since 
297.36  service of the notice for a name change upon the prosecuting 
298.1   authority and, if applicable, the attorney general and no 
298.2   objection has been filed under section 259.13; or 
298.3      (2) provides a certified copy of the court order granting 
298.4   it.  The parties seeking the marriage license shall have the 
298.5   right to choose to have the license granted without the name 
298.6   change or to delay its granting pending further action on the 
298.7   name change request. 
298.8      Sec. 6.  Minnesota Statutes 2002, section 517.08, 
298.9   subdivision 1c, is amended to read: 
298.10     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
298.11  marriage license fee collected pursuant to subdivision 1b, 
298.12  paragraph (a), $15 must be retained by the county.  The court 
298.13  administrator must pay $55 $65 to the state treasurer to be 
298.14  deposited as follows: 
298.15     (1) $50 in the general fund; 
298.16     (2) $3 in the special revenue fund to be appropriated to 
298.17  the commissioner of children, families, and learning for 
298.18  parenting time centers under section 119A.37; and 
298.19     (3) $2 in the special revenue fund to be appropriated to 
298.20  the commissioner of health for developing and implementing the 
298.21  MN ENABL program under section 145.9255; and 
298.22     (4) $10 in the special revenue fund to be appropriated to 
298.23  the commissioner of economic security for the displaced 
298.24  homemaker program under section 268.96. 
298.25     (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
298.26  must be retained by the county.  The state court administrator 
298.27  must pay $5 to the state treasurer to be distributed as provided 
298.28  in paragraph (a), clauses (2) and (3). 
298.29     Sec. 7.  Laws 2001, First Special Session chapter 4, 
298.30  article 2, section 31, is amended to read: 
298.31     Sec. 31.  [WORKFORCE ENHANCEMENT FEE.] 
298.32     Subdivision 1.  [FEE.] Notwithstanding Minnesota Statutes, 
298.33  section 268.022, effective January 1, 2002, the special 
298.34  assessment under that section on taxable wages as defined in 
298.35  Minnesota Statutes, section 268.035, subdivision 24, is 
298.36  suspended until December 31, 2005.  Effective January 1, 2002, 
299.1   there shall be assessed, in addition to unemployment taxes due 
299.2   under Minnesota Statutes, section 268.051, a workforce 
299.3   enhancement fee of .09 .14 percent on taxable wages.  This fee 
299.4   shall be due and be paid on the same schedule and in the same 
299.5   manner as unemployment taxes under Minnesota Statutes, section 
299.6   268.051.  Any amount past due under this section shall be 
299.7   subject to the same interest and collection provisions as 
299.8   unemployment taxes.  This fee shall expire on December 31, 2005. 
299.9      Subd. 2.  [USE OF FUNDS COLLECTED.] An amount equal to 
299.10  .07 .12 percent on taxable wages shall be deposited in the 
299.11  workforce development fund provided for under Minnesota 
299.12  Statutes, section 268.022, subdivision 2.  An amount equal to 
299.13  .02 percent on taxable wages, less reimbursement for collection 
299.14  costs of the total amount of the fee, shall be deposited in the 
299.15  unemployment insurance technology initiative account provided 
299.16  for in section 32. 
299.17     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2003. 
299.18     Sec. 8.  [INCREASED WORKFORCE DEVELOPMENT FUND RESOURCES.] 
299.19     Notwithstanding any law to the contrary, the commissioner 
299.20  of the department of economic security shall, as provided in 
299.21  this section, directly deposit $10,000,000 in collections that 
299.22  except for this section would be considered unemployment 
299.23  insurance program tax collections due for the second quarter of 
299.24  calendar year 2003 into the workforce development fund and not 
299.25  into the Minnesota unemployment insurance program trust fund.  
299.26  Retroactive to April 1, 2003, for the second calendar quarter of 
299.27  2003, the first $10,000,000 of collections that otherwise would 
299.28  be taxes are deemed a special assessment under Minnesota 
299.29  Statutes, section 268.022, subdivision 1, for deposit in the 
299.30  workforce development fund.  No employer is liable for any 
299.31  additional unemployment insurance tax liability solely because 
299.32  of this section. 
299.33     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
299.34  following final enactment and is retroactive to April 1, 2003. 
299.35     Sec. 9.  [REPEALER.] 
299.36     Laws 2001, First Special Session chapter 4, article 3, 
300.1   section 1, as amended by Laws 2002, chapter 220, article 12, 
300.2   section 13; Laws 2001, First Special Session chapter 4, article 
300.3   3, section 2, subdivision 1, as amended by Laws 2002, chapter 
300.4   220, article 12, section 14; and Laws 2002, chapter 220, article 
300.5   12, section 16, are repealed. 
300.6      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
300.7   following final enactment. 
300.8                              ARTICLE 12
300.9                   DEPARTMENT OF LABOR AND INDUSTRY
300.10                         POLICY PROVISIONS
300.11     Section 1.  Minnesota Statutes 2002, section 176.136, 
300.12  subdivision 1a, is amended to read: 
300.13     Subd. 1a.  [RELATIVE VALUE FEE SCHEDULE.] (a) The liability 
300.14  of an employer for services included in the medical fee schedule 
300.15  is limited to the maximum fee allowed by the schedule in effect 
300.16  on the date of the medical service, or the provider's actual 
300.17  fee, whichever is lower.  The medical fee schedule effective on 
300.18  October 1, 1991, remains in effect until the commissioner adopts 
300.19  a new schedule by permanent rule.  The commissioner shall adopt 
300.20  permanent rules regulating fees allowable for medical, 
300.21  chiropractic, podiatric, surgical, and other health care 
300.22  provider treatment or service, including those provided to 
300.23  hospital outpatients, by implementing a relative value fee 
300.24  schedule to be effective on October 1, 1993.  The commissioner 
300.25  may adopt by reference the relative value fee schedule adopted 
300.26  for the federal Medicare program or a relative value fee 
300.27  schedule adopted by other federal or state agencies.  The 
300.28  relative value fee schedule must contain reasonable 
300.29  classifications including, but not limited to, classifications 
300.30  that differentiate among health care provider disciplines.  The 
300.31  conversion factors for the original relative value fee schedule 
300.32  must reasonably reflect a 15 percent overall reduction from the 
300.33  medical fee schedule most recently in effect.  The reduction 
300.34  need not be applied equally to all treatment or services, but 
300.35  must represent a gross 15 percent reduction. 
300.36     (b) After permanent rules have been adopted to implement 
301.1   this section, the conversion factors must be adjusted annually 
301.2   on October 1 by no more than the percentage change computed 
301.3   under section 176.645, but without the annual cap provided by 
301.4   that section.  The commissioner shall annually give notice in 
301.5   the State Register of the adjusted conversion factors and may 
301.6   also give annual notice of any additions, deletions, or changes 
301.7   to the relative value units or service codes adopted by the 
301.8   federal Medicare program.  The relative value units may be 
301.9   statistically adjusted in the same manner as for the original 
301.10  workers' compensation relative value fee schedule.  The notices 
301.11  of the adjusted conversion factors and additions, deletions, or 
301.12  changes to the relative value units and service codes is in lieu 
301.13  of the requirements of chapter 14.  The commissioner shall 
301.14  follow the requirements of section 14.386, paragraph (a).  The 
301.15  annual adjustments to the conversion factors and the medical fee 
301.16  schedules adopted under this section, including all previous fee 
301.17  schedules, are not subject to expiration under section 14.386, 
301.18  paragraph (b). 
301.19     (c) When the commissioner updates the conversion factors on 
301.20  October 1, 2004, the commissioner shall set payment rates for 
301.21  physical medicine and rehabilitation procedure codes as defined 
301.22  in Minnesota Rules, part 5221.4050, and chiropractic procedure 
301.23  codes as defined in Minnesota Rules, part 5221.4060, for 
301.24  physical medicine and rehabilitation services, and for 
301.25  chiropractic manipulative treatment services without application 
301.26  of scaling factors. 
301.27     <b>[EFFECTIVE DATE.]</b> Paragraph (c) is effective October 1, 
301.28  2004. 
301.29     Sec. 2.  [WORKERS' COMPENSATION WORKING GROUP.] 
301.30     The commissioner of labor and industry shall convene a 
301.31  working group to study issues related to the medical cost 
301.32  drivers of the workers' compensation program.  The group shall 
301.33  report its findings, along with any recommendations to the 
301.34  workers' compensation advisory council before January 9, 2004.  
301.35  The purpose of the study is to examine the medical cost drivers 
301.36  of the workers' compensation program in order to ensure costs 
302.1   are not excessive, while at the same time ensuring that injured 
302.2   workers have adequate access to health care providers under the 
302.3   workers' compensation system.  The working group shall consist 
302.4   of an equal number of provider, employer, and labor 
302.5   representatives.  The study shall examine: 
302.6      (1) the growth in medical costs in the workers' 
302.7   compensation program compared to the growth in overall medical 
302.8   costs; and 
302.9      (2) the costs that are unique to providing medical services 
302.10  to injured workers under the workers' compensation program. 
302.11     The commissioner shall convene the study group no later 
302.12  than September 1, 2003.  By February 15, 2004, the workers' 
302.13  compensation advisory council must report to the chairs of the 
302.14  legislative committees with jurisdiction over workers' 
302.15  compensation regarding the recommendations of the working group, 
302.16  including a description of action taken on the recommendations. 
302.17                             ARTICLE 13
302.18                             PETROFUND
302.19     Section 1.  Minnesota Statutes 2002, section 115C.02, 
302.20  subdivision 14, is amended to read: 
302.21     Subd. 14.  [TANK.] "Tank" means any one or a combination of 
302.22  containers, vessels, and enclosures, including structures and 
302.23  appurtenances connected to them, that is, or has been, used to 
302.24  contain or, dispense, store, or transport petroleum.  
302.25     "Tank" does not include: 
302.26     (1) a mobile storage tank used to transport petroleum from 
302.27  one location to another, except a mobile storage tank with a 
302.28  capacity of 500 gallons or less used only to transport home 
302.29  heating fuel on private property; or 
302.30     (2) pipeline facilities, including gathering lines, 
302.31  regulated under the Natural Gas Pipeline Safety Act of 1968, 
302.32  United States Code, title 49, chapter 24, or the Hazardous 
302.33  Liquid Pipeline Safety Act of 1979, United States Code, title 
302.34  49, chapter 29. 
302.35     Sec. 2.  Minnesota Statutes 2002, section 115C.08, 
302.36  subdivision 4, is amended to read: 
303.1      Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
303.2   spent: 
303.3      (1) to administer the petroleum tank release cleanup 
303.4   program established in this chapter; 
303.5      (2) for agency administrative costs under sections 116.46 
303.6   to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
303.7   action taken by the agency under section 115C.03, including 
303.8   investigations; 
303.9      (3) for costs of recovering expenses of corrective actions 
303.10  under section 115C.04; 
303.11     (4) for training, certification, and rulemaking under 
303.12  sections 116.46 to 116.50; 
303.13     (5) for agency administrative costs of enforcing rules 
303.14  governing the construction, installation, operation, and closure 
303.15  of aboveground and underground petroleum storage tanks; 
303.16     (6) for reimbursement of the environmental response, 
303.17  compensation, and compliance account under subdivision 5 and 
303.18  section 115B.26, subdivision 4; 
303.19     (7) for administrative and staff costs as set by the board 
303.20  to administer the petroleum tank release program established in 
303.21  this chapter; 
303.22     (8) for corrective action performance audits under section 
303.23  115C.093; and 
303.24     (9) for contamination cleanup grants, as provided in 
303.25  paragraph (c); and 
303.26     (10) to assess and remove abandoned underground storage 
303.27  tanks under section 115C.094 and, if a release is discovered, to 
303.28  pay for the specific consultant and contractor services costs 
303.29  necessary to complete the tank removal project, including, but 
303.30  not limited to, excavation soil sampling, groundwater sampling, 
303.31  soil disposal, and completion of an excavation report. 
303.32     (b) Except as provided in paragraph (c), money in the fund 
303.33  is appropriated to the board to make reimbursements or payments 
303.34  under this section. 
303.35     (c) $6,200,000 is annually appropriated from the fund to 
303.36  the commissioner of trade and economic development for 
304.1   contamination cleanup grants under section 116J.554.  Of this 
304.2   amount, the commissioner may spend up to $120,000 annually for 
304.3   administration of the contamination cleanup grant program.  The 
304.4   appropriation does not cancel and is available until expended.  
304.5   The appropriation shall not be withdrawn from the fund nor the 
304.6   fund balance reduced until the funds are requested by the 
304.7   commissioner of trade and economic development.  The 
304.8   commissioner shall schedule requests for withdrawals from the 
304.9   fund to minimize the necessity to impose the fee authorized by 
304.10  subdivision 2.  Unless otherwise provided, the appropriation in 
304.11  this paragraph may be used for: 
304.12     (1) project costs at a qualifying site if a portion of the 
304.13  cleanup costs are attributable to petroleum contamination; and 
304.14     (2) the costs of performing contamination investigation if 
304.15  there is a reasonable basis to suspect the contamination is 
304.16  attributable to petroleum. 
304.17     Sec. 3.  Minnesota Statutes 2002, section 115C.09, 
304.18  subdivision 3, is amended to read: 
304.19     Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
304.20  The board shall reimburse an eligible applicant from the fund 
304.21  for 90 percent of the total reimbursable costs incurred at the 
304.22  site, except that the board may reimburse an eligible applicant 
304.23  from the fund for greater than 90 percent of the total 
304.24  reimbursable costs, if the applicant previously qualified for a 
304.25  higher reimbursement rate.  For costs associated with a release 
304.26  from a tank in transport, the board may reimburse 90 percent of 
304.27  costs over $10,000, with the maximum reimbursement not to exceed 
304.28  $100,000.  
304.29     Not more than $1,000,000 may be reimbursed for costs 
304.30  associated with a single release, regardless of the number of 
304.31  persons eligible for reimbursement, and not more than $2,000,000 
304.32  may be reimbursed for costs associated with a single tank 
304.33  facility. 
304.34     (b) A reimbursement may not be made from the fund under 
304.35  this chapter until the board has determined that the costs for 
304.36  which reimbursement is requested were actually incurred and were 
305.1   reasonable. 
305.2      (c) When an applicant has obtained responsible competitive 
305.3   bids or proposals according to rules promulgated under this 
305.4   chapter prior to June 1, 1995, the eligible costs for the tasks, 
305.5   procedures, services, materials, equipment, and tests of the low 
305.6   bid or proposal are presumed to be reasonable by the board, 
305.7   unless the costs of the low bid or proposal are substantially in 
305.8   excess of the average costs charged for similar tasks, 
305.9   procedures, services, materials, equipment, and tests in the 
305.10  same geographical area during the same time period. 
305.11     (d) When an applicant has obtained a minimum of two 
305.12  responsible competitive bids or proposals on forms prescribed by 
305.13  the board and where the rules promulgated under this chapter 
305.14  after June 1, 1995, designate maximum costs for specific tasks, 
305.15  procedures, services, materials, equipment and tests, the 
305.16  eligible costs of the low bid or proposal are deemed reasonable 
305.17  if the costs are at or below the maximums set forth in the rules.
305.18     (e) Costs incurred for change orders executed as prescribed 
305.19  in rules promulgated under this chapter after June 1, 1995, are 
305.20  presumed reasonable if the costs are at or below the maximums 
305.21  set forth in the rules, unless the costs in the change order are 
305.22  above those in the original bid or proposal or are 
305.23  unsubstantiated and inconsistent with the process and standards 
305.24  required by the rules. 
305.25     (f) A reimbursement may not be made from the fund in 
305.26  response to either an initial or supplemental application for 
305.27  costs incurred after June 4, 1987, that are payable under an 
305.28  applicable insurance policy, except that if the board finds that 
305.29  the applicant has made reasonable efforts to collect from an 
305.30  insurer and failed, the board shall reimburse the applicant. 
305.31     (g) If the board reimburses an applicant for costs for 
305.32  which the applicant has insurance coverage, the board is 
305.33  subrogated to the rights of the applicant with respect to that 
305.34  insurance coverage, to the extent of the reimbursement by the 
305.35  board.  The board may request the attorney general to bring an 
305.36  action in district court against the insurer to enforce the 
306.1   board's subrogation rights.  Acceptance by an applicant of 
306.2   reimbursement constitutes an assignment by the applicant to the 
306.3   board of any rights of the applicant with respect to any 
306.4   insurance coverage applicable to the costs that are reimbursed.  
306.5   Notwithstanding this paragraph, the board may instead request a 
306.6   return of the reimbursement under subdivision 5 and may employ 
306.7   against the applicant the remedies provided in that subdivision, 
306.8   except where the board has knowingly provided reimbursement 
306.9   because the applicant was denied coverage by the insurer. 
306.10     (h) Money in the fund is appropriated to the board to make 
306.11  reimbursements under this chapter.  A reimbursement to a state 
306.12  agency must be credited to the appropriation account or accounts 
306.13  from which the reimbursed costs were paid. 
306.14     (i) The board may reduce the amount of reimbursement to be 
306.15  made under this chapter if it finds that the applicant has not 
306.16  complied with a provision of this chapter, a rule or order 
306.17  issued under this chapter, or one or more of the following 
306.18  requirements: 
306.19     (1) the agency was given notice of the release as required 
306.20  by section 115.061; 
306.21     (2) the applicant, to the extent possible, fully cooperated 
306.22  with the agency in responding to the release; 
306.23     (3) the state rules applicable after December 22, 1993, to 
306.24  operating an underground storage tank and appurtenances without 
306.25  leak detection; 
306.26     (4) the state rules applicable after December 22, 1998, to 
306.27  operating an underground storage tank and appurtenances without 
306.28  corrosion protection or spill and overfill protection; and 
306.29     (5) the state rule applicable after November 1, 1998, to 
306.30  operating an aboveground tank without a dike or other structure 
306.31  that would contain a spill at the aboveground tank site. 
306.32     (j) The reimbursement may be reduced as much as 100 percent 
306.33  for failure by the applicant to comply with the requirements in 
306.34  paragraph (i), clauses (1) to (5).  In determining the amount of 
306.35  the reimbursement reduction, the board shall consider: 
306.36     (1) the reasonable determination by the agency that the 
307.1   noncompliance poses a threat to the environment; 
307.2      (2) whether the noncompliance was negligent, knowing, or 
307.3   willful; 
307.4      (3) the deterrent effect of the award reduction on other 
307.5   tank owners and operators; 
307.6      (4) the amount of reimbursement reduction recommended by 
307.7   the commissioner; and 
307.8      (5) the documentation of noncompliance provided by the 
307.9   commissioner. 
307.10     (k) An applicant may assign the right to receive 
307.11  reimbursement to request that the board issue a multiparty check 
307.12  that includes each lender who advanced funds to pay the costs of 
307.13  the corrective action or to each contractor or consultant who 
307.14  provided corrective action services.  An assignment This request 
307.15  must be made by filing with the board a document, in a form 
307.16  prescribed by the board, indicating the identity of the 
307.17  applicant, the identity of the assignee lender, contractor, or 
307.18  consultant, the dollar amount of the assignment, and the 
307.19  location of the corrective action.  An assignment signed by the 
307.20  applicant is valid unless terminated by filing a termination 
307.21  with the board, in a form prescribed by the board, which must 
307.22  include the written concurrence of the assignee.  The board 
307.23  shall maintain an index of assignments filed under this 
307.24  paragraph.  The board shall pay the reimbursement to the 
307.25  applicant and to one or more assignees by a multiparty 
307.26  check.  The applicant must submit a request for the issuance of 
307.27  a multiparty check for each application submitted to the board.  
307.28  Payment under this paragraph does not constitute the assignment 
307.29  of the applicant's right to reimbursement to the consultant, 
307.30  contractor, or lender.  The board has no liability to an 
307.31  applicant for a payment under an assignment meeting issued as a 
307.32  multiparty check that meets the requirements of this paragraph. 
307.33     Sec. 4.  Minnesota Statutes 2002, section 115C.09, is 
307.34  amended by adding a subdivision to read: 
307.35     Subd. 3i.  [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 
307.36  used in this subdivision, "natural disaster area" means a 
308.1   geographical area that has been declared a disaster by the 
308.2   governor and President of the United States. 
308.3      (b) Notwithstanding subdivision 3, paragraph (a), the board 
308.4   may reimburse: 
308.5      (1) up to 50 percent of an applicant's prenatural-disaster 
308.6   estimated building market value as recorded by the county 
308.7   assessor; or 
308.8      (2) if the applicant conveys title of the real estate to 
308.9   local or state government, up to 50 percent of the 
308.10  prenatural-disaster estimated total market value, not to exceed 
308.11  one acre, as recorded by the county assessor. 
308.12     (c) Paragraph (b) applies only if the applicant documents 
308.13  that: 
308.14     (1) the natural disaster area has been declared eligible 
308.15  for state or federal emergency aid; 
308.16     (2) the building is declared uninhabitable by the 
308.17  commissioner because of damage caused by the release of 
308.18  petroleum from a petroleum storage tank; and 
308.19     (3) the applicant has submitted a claim under any 
308.20  applicable insurance policies and has been denied benefits under 
308.21  those policies. 
308.22     (d) In determining the percentage for reimbursement, the 
308.23  board shall consider the applicant's eligibility to receive 
308.24  other state or federal financial assistance and determine a 
308.25  lesser reimbursement rate to the extent that the applicant is 
308.26  eligible to receive financial assistance that exceeds 50 percent 
308.27  of the applicant's prenatural-disaster estimated building market 
308.28  value or total market value. 
308.29     Sec. 5.  [115C.094] [ABANDONED UNDERGROUND STORAGE TANKS.] 
308.30     (a) As used in this section, an abandoned underground 
308.31  petroleum storage tank means an underground petroleum storage 
308.32  tank that was: 
308.33     (1) taken out of service prior to December 22, 1988; or 
308.34     (2) taken out of service on or after December 22, 1988, if 
308.35  the current property owner did not know of the existence of the 
308.36  underground petroleum storage tank and could not have reasonably 
309.1   been expected to have known of the tank's existence at the time 
309.2   the owner first acquired right, title, or interest in the tank. 
309.3      (b) The board may contract for: 
309.4      (1) a statewide assessment in order to determine the 
309.5   quantity, location, cost, and feasibility of removing abandoned 
309.6   underground petroleum storage tanks; 
309.7      (2) the removal of an abandoned underground petroleum 
309.8   storage tank; and 
309.9      (3) the removal and disposal of petroleum-contaminated soil 
309.10  if the removal is required by the commissioner at the time of 
309.11  tank removal. 
309.12     (c) Before the board may contract for removal of an 
309.13  abandoned petroleum storage tank, the tank owner must provide 
309.14  the board with written access to the property and release the 
309.15  board from any potential liability for the work performed. 
309.16     (d) Money in the fund is appropriated to the board for the 
309.17  purposes of this section. 
309.18     Sec. 6.  Minnesota Statutes 2002, section 115C.11, 
309.19  subdivision 1, is amended to read: 
309.20     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
309.21  contractors who perform corrective action services must register 
309.22  with the board.  In order to register, consultants must meet and 
309.23  demonstrate compliance with the following criteria: 
309.24     (1) provide a signed statement to the board verifying 
309.25  agreement to abide by this chapter and the rules adopted under 
309.26  it and to include a signed statement with each claim that all 
309.27  costs claimed by the consultant are a true and accurate account 
309.28  of services performed; 
309.29     (2) provide a signed statement that the consultant shall 
309.30  make available for inspection any records requested by the board 
309.31  for field or financial audits under the scope of this chapter; 
309.32     (3) certify knowledge of the requirements of this chapter 
309.33  and the rules adopted under it; 
309.34     (4) obtain and maintain professional liability coverage, 
309.35  including pollution impairment liability; and 
309.36     (5) agree to submit to the board a certificate or 
310.1   certificates verifying the existence of the required insurance 
310.2   coverage. 
310.3      (b) The board must maintain a list of all registered 
310.4   consultants and a list of all registered contractors. 
310.5      (c) All corrective action services must be performed by 
310.6   registered consultants and contractors. 
310.7      (d) Reimbursement for corrective action services performed 
310.8   by an unregistered consultant or contractor is subject to 
310.9   reduction under section 115C.09, subdivision 3, paragraph (i). 
310.10     (e) Corrective action services performed by a consultant or 
310.11  contractor prior to being removed from the registration list may 
310.12  be reimbursed without reduction by the board. 
310.13     (f) If the information in an application for registration 
310.14  becomes inaccurate or incomplete in any material respect, the 
310.15  registered consultant or contractor must promptly file a 
310.16  corrected application with the board. 
310.17     (g) Registration is effective 30 days after a complete 
310.18  application is received by the board.  The board may reimburse 
310.19  without reduction the cost of work performed by an unregistered 
310.20  contractor if the contractor performed the work within 60 days 
310.21  of the effective date of registration. 
310.22     (h) Registration for consultants under this section remains 
310.23  in force until the expiration date of the professional liability 
310.24  coverage, including pollution impairment liability, required 
310.25  under paragraph (a), clause (4), or until voluntarily terminated 
310.26  by the registrant, or until suspended or revoked by the 
310.27  commissioner of commerce.  Registration for contractors under 
310.28  this section expires each year on the anniversary of the 
310.29  effective date of the contractor's most recent registration and 
310.30  must be renewed on or before expiration.  Prior to its annual 
310.31  expiration, a registration remains in force until voluntarily 
310.32  terminated by the registrant, or until suspended or revoked by 
310.33  the commissioner of commerce.  All registrants must comply with 
310.34  registration criteria under this section. 
310.35     (i) The board may deny a consultant or contractor 
310.36  registration or request for renewal under this section if the 
311.1   consultant or contractor: 
311.2      (1) does not intend to or is not in good faith carrying on 
311.3   the business of an environmental consultant or contractor; 
311.4      (2) has filed an application for registration that is 
311.5   incomplete in any material respect or contains any statement 
311.6   which, in light of the circumstances under which it is made, 
311.7   contains any misrepresentation, or is false, misleading, or 
311.8   fraudulent; 
311.9      (3) has engaged in any fraudulent, coercive, deceptive, or 
311.10  dishonest act or practice whether or not the act or practice 
311.11  involves the business of environmental consulting or 
311.12  contracting; 
311.13     (4) has forged another's name to any document whether or 
311.14  not the document relates to a document approved by the board; 
311.15     (5) has plead guilty, with or without explicitly admitting 
311.16  guilt; plead nolo contendere; or been convicted of a felony, 
311.17  gross misdemeanor, or misdemeanor involving moral turpitude, 
311.18  including, but not limited to, assault, harassment, or similar 
311.19  conduct; 
311.20     (6) has been subject to disciplinary action in another 
311.21  state or jurisdiction; or 
311.22     (7) has not paid subcontractors hired by the consultant or 
311.23  contractor after they have been paid in full by the applicant. 
311.24     Sec. 7.  Minnesota Statutes 2002, section 115C.13, is 
311.25  amended to read: 
311.26     115C.13 [REPEALER.] 
311.27     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
311.28  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
311.29  115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 
311.30  115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
311.31  2005 2007. 
311.32                             ARTICLE 14
311.33                           VAPOR RECOVERY 
311.34     Section 1.  Minnesota Statutes 2002, section 115C.09, is 
311.35  amended by adding a subdivision to read: 
311.36     Subd. 3j.  [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 
312.1   As used in this subdivision, "retail location" means a facility 
312.2   located in the metropolitan area as defined in section 473.121, 
312.3   subdivision 2, where gasoline is offered for sale to the general 
312.4   public for use in automobiles and trucks.  "Transport vehicle" 
312.5   means a liquid fuel cargo tank used to deliver gasoline into 
312.6   underground storage tanks during 2002 at a retail location. 
312.7      (b) Notwithstanding any other provision in this chapter, 
312.8   and any rules adopted under this chapter, the board shall 
312.9   reimburse 90 percent of an applicant's cost for retrofits of 
312.10  retail locations and transport vehicles completed between 
312.11  January 1, 2001, and January 1, 2006, to comply with section 
312.12  116.49, subdivisions 3 and 4, provided that the board determines 
312.13  the costs were incurred and reasonable.  The reimbursement may 
312.14  not exceed $3,000 per retail location and $3,000 per transport 
312.15  vehicle. 
312.16     Sec. 2.  Minnesota Statutes 2002, section 116.073, 
312.17  subdivision 1, is amended to read: 
312.18     Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution control 
312.19  agency staff designated by the commissioner and department of 
312.20  natural resources conservation officers may issue citations to a 
312.21  person who: 
312.22     (1) disposes of solid waste as defined in section 116.06, 
312.23  subdivision 22, at a location not authorized by law for the 
312.24  disposal of solid waste without permission of the owner of the 
312.25  property; 
312.26     (2) fails to report or recover discharges as required under 
312.27  section 115.061; or 
312.28     (3) fails to take discharge preventive or preparedness 
312.29  measures required under chapter 115E; or 
312.30     (4) fails to install or use vapor recovery equipment during 
312.31  the transfer of gasoline from a transport delivery vehicle to an 
312.32  underground storage tank as required in section 116.49, 
312.33  subdivisions 3 and 4. 
312.34     (b) In addition, pollution control agency staff designated 
312.35  by the commissioner may issue citations to owners and operators 
312.36  of facilities dispensing petroleum products who violate sections 
313.1   116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 
313.2   parts 7001.4200 to 7001.4300.  A citation issued under this 
313.3   subdivision must include a requirement that the person cited 
313.4   remove and properly dispose of or otherwise manage the waste or 
313.5   discharged oil or hazardous substance, reimburse any government 
313.6   agency that has disposed of the waste or discharged oil or 
313.7   hazardous substance and contaminated debris for the reasonable 
313.8   costs of disposal, or correct any storage tank violations. 
313.9      (c) Until June 1, 2004, citations for violation of sections 
313.10  115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 
313.11  and 7151, may be issued only after the owners and operators have 
313.12  had a 90-day period to correct violations stated in writing by 
313.13  pollution control agency staff, unless there is a discharge 
313.14  associated with the violation or the violation is of Minnesota 
313.15  Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 
313.16     Sec. 3.  Minnesota Statutes 2002, section 116.073, 
313.17  subdivision 2, is amended to read: 
313.18     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
313.19  following penalty amounts: 
313.20     (1) $100 per major appliance, as defined in section 
313.21  115A.03, subdivision 17a, up to a maximum of $2,000; 
313.22     (2) $25 per waste tire, as defined in section 115A.90, 
313.23  subdivision 11, up to a maximum of $2,000; 
313.24     (3) $25 per lead acid battery governed by section 115A.915, 
313.25  up to a maximum of $2,000; 
313.26     (4) $1 per pound of other solid waste or $20 per cubic foot 
313.27  up to a maximum of $2,000; 
313.28     (5) up to $200 for any amount of waste that escapes from a 
313.29  vehicle used for the transportation of solid waste if, after 
313.30  receiving actual notice that waste has escaped the vehicle, the 
313.31  person or company transporting the waste fails to immediately 
313.32  collect the waste; 
313.33     (6) $50 per violation of rules adopted under section 
313.34  116.49, relating to underground storage tank system design, 
313.35  construction, installation, and notification requirements, up to 
313.36  a maximum of $2,000; 
314.1      (7) $250 per violation of rules adopted under section 
314.2   116.49, relating to upgrading of existing underground storage 
314.3   tank systems, up to a maximum of $2,000; 
314.4      (8) $100 per violation of rules adopted under section 
314.5   116.49, relating to underground storage tank system general 
314.6   operating requirements, up to a maximum of $2,000; 
314.7      (9) $250 per violation of rules adopted under section 
314.8   116.49, relating to underground storage tank system release 
314.9   detection requirements, up to a maximum of $2,000; 
314.10     (10) $50 per violation of rules adopted under section 
314.11  116.49, relating to out-of-service underground storage tank 
314.12  systems and closure, up to a maximum of $2,000; 
314.13     (11) $50 per violation of sections 116.48 to 116.491 
314.14  relating to underground storage tank system notification, 
314.15  monitoring, environmental protection, and tank installers 
314.16  training and certification requirements, up to a maximum of 
314.17  $2,000; 
314.18     (12) $25 per gallon of oil or hazardous substance 
314.19  discharged which is not reported or recovered under section 
314.20  115.061, up to a maximum of $2,000; 
314.21     (13) $1 per gallon of oil or hazardous substance being 
314.22  stored, transported, or otherwise handled without the prevention 
314.23  or preparedness measures required under chapter 115E, up to a 
314.24  maximum of $2,000; and 
314.25     (14) $250 per violation of Minnesota Rules, parts 7001.4200 
314.26  to 7001.4300 or chapter 7151, related to aboveground storage 
314.27  tank systems, up to a maximum of $2,000; and 
314.28     (15) $250 per delivery made in violation of section 116.49, 
314.29  subdivision 3 or 4, levied against: 
314.30     (i) the retail location if vapor recovery equipment is not 
314.31  installed or maintained properly; 
314.32     (ii) the carrier if the transport delivery vehicle is not 
314.33  equipped with vapor recovery equipment; or 
314.34     (iii) the driver for failure to use supplied vapor recovery 
314.35  equipment.  
314.36     Sec. 4.  Minnesota Statutes 2002, section 116.46, is 
315.1   amended by adding a subdivision to read: 
315.2      Subd. 7a.  [RETAIL LOCATION.] "Retail location" means a 
315.3   facility located in the metropolitan area as defined in section 
315.4   473.121, subdivision 2, where gasoline is offered for sale to 
315.5   the general public for use in automobiles and trucks. 
315.6      Sec. 5.  Minnesota Statutes 2002, section 116.46, is 
315.7   amended by adding a subdivision to read: 
315.8      Subd. 7b.  [TRANSPORT DELIVERY VEHICLE.] "Transport 
315.9   delivery vehicle" means a liquid fuel cargo tank used to deliver 
315.10  gasoline into underground storage tanks. 
315.11     Sec. 6.  Minnesota Statutes 2002, section 116.46, is 
315.12  amended by adding a subdivision to read: 
315.13     Subd. 9.  [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 
315.14  means a system which transfers vapors from underground storage 
315.15  tanks during the filling operation to the storage compartment of 
315.16  the transport vehicle delivering gasoline. 
315.17     Sec. 7.  Minnesota Statutes 2002, section 116.49, is 
315.18  amended by adding a subdivision to read: 
315.19     Subd. 3.  [VAPOR RECOVERY SYSTEM.] Every underground 
315.20  gasoline storage tank at a retail location must be fitted with 
315.21  vapor recovery equipment by January 1, 2006.  The equipment must 
315.22  be certified by the manufacturer as capable of collecting 95 
315.23  percent of hydrocarbons emitted during gasoline transfers from a 
315.24  transport delivery vehicle to an underground storage tank.  
315.25  Product delivery and vapor recovery access points must be on the 
315.26  same side of the transport vehicle when the transport vehicle is 
315.27  positioned for delivery into the underground tank.  After 
315.28  January 1, 2006, no gasoline may be delivered to a retail 
315.29  location that is not equipped with a vapor recovery system. 
315.30     Sec. 8.  Minnesota Statutes 2002, section 116.49, is 
315.31  amended by adding a subdivision to read: 
315.32     Subd. 4.  [VAPOR RECOVERY ON TRANSPORTS.] All transport 
315.33  delivery vehicles that deliver gasoline into underground storage 
315.34  tanks in the metropolitan area as defined in section 473.121, 
315.35  subdivision 2, must be fitted with vapor recovery equipment.  
315.36  The equipment must recover and manage 95 percent of hydrocarbons 
316.1   emitted during the transfer of gasoline from the underground 
316.2   storage tank and the transport delivery vehicle by January 1, 
316.3   2006.  After January 1, 2006, no gasoline may be delivered to a 
316.4   retail location by a transport vehicle that is not fitted with 
316.5   vapor recovery equipment. 
316.6      Sec. 9.  Minnesota Statutes 2002, section 116.50, is 
316.7   amended to read: 
316.8      116.50 [PREEMPTION.] 
316.9      Sections 116.46 to 116.49 preempt conflicting local and 
316.10  municipal rules or ordinances requiring notification or 
316.11  establishing environmental protection requirements for 
316.12  underground storage tanks.  A state agency or local unit of 
316.13  government may not adopt rules or ordinances establishing or 
316.14  requiring vapor recovery for underground storage tanks. 
316.15                             ARTICLE 15
316.16              IRON RANGE RESOURCES AND REHABILITATION
316.17     Section 1.  [354B.33] [IRON RANGE RESOURCES AND 
316.18  REHABILITATION; EARLY SEPARATION INCENTIVE PROGRAM 
316.19  AUTHORIZATION.] 
316.20     (a) Notwithstanding any provision of law to the contrary, 
316.21  the commissioner of iron range resources and rehabilitation, in 
316.22  consultation with the commissioner of employee relations, may 
316.23  offer a targeted early separation incentive program for 
316.24  employees of the commissioner who have attained the age of 55 
316.25  years or who have received credit for at least 30 years of 
316.26  allowable service under the provisions of chapter 352. 
316.27     (b) The early separation incentive program may include one 
316.28  or more of the following: 
316.29     (1) employer-paid postseparation health, medical, and 
316.30  dental insurance; and 
316.31     (2) cash incentives that may, but shall not be required to 
316.32  be, used to purchase additional years of service credit through 
316.33  the Minnesota state retirement system, to the extent that such 
316.34  purchases are otherwise authorized by law. 
316.35     (c) the commissioner of iron range resources and 
316.36  rehabilitation shall establish the eligibility requirements for 
317.1   employees to receive an incentive. 
317.2      (d) The commissioner of iron range resources and 
317.3   rehabilitation, consistent with the established program 
317.4   provisions under paragraph (b) and with the eligibility 
317.5   requirements under paragraph (c), may designate specific 
317.6   programs or employees as eligible to be offered the incentive 
317.7   program. 
317.8      (e) Acceptance of the offered incentive must be voluntary 
317.9   on the part of the employee and must be in writing.  The 
317.10  incentive may only be offered at the sole discretion of the 
317.11  commissioner of iron range resources and rehabilitation. 
317.12     (f) The cost of the incentive is payable solely by funds 
317.13  made available to the commissioner of iron range resources and 
317.14  rehabilitation by law but only upon prior approval of the 
317.15  expenditures by a majority of the members of the iron range 
317.16  resources and rehabilitation board. 
317.17     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
317.18  following final enactment. 
317.19     Sec. 2.  [354B.34] [APPLICATION OF OTHER LAWS.] 
317.20     (a) Unilateral implementation of section 354B.33 by the 
317.21  commissioner of iron range resources and rehabilitation is not 
317.22  an unfair labor practice under chapter 179A. 
317.23     (b) The authority in section 354B.33 for the commissioner 
317.24  of iron range resources and rehabilitation or the iron range 
317.25  resources and rehabilitation board to pay health, medical, and 
317.26  dental insurance premiums for former employees granted an early 
317.27  separation incentive is not subject to the limits of section 
317.28  179A.20, subdivision 2a. 
317.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
317.30  following final enactment. 
317.31                             ARTICLE 16
317.32             CENTRAL IRON RANGE SANITARY SEWER DISTRICT
317.33     Section 1.  Laws 2002, chapter 382, article 2, section 1, 
317.34  subdivision 2, is amended to read: 
317.35     Subd. 2.  [DISTRICT.] "Central iron range sanitary sewer 
317.36  district" and "district" mean the area over which the central 
318.1   iron range sanitary sewer board has jurisdiction, which includes 
318.2   the area within the cities of Hibbing, Chisholm, and Buhl, and 
318.3   Kinney; the townships of Kinney, Balkan, and Great Scott; and 
318.4   the territory occupied by Ironworld.  The district shall 
318.5   precisely describe the area over which it has jurisdiction by a 
318.6   metes and bounds description in the comprehensive plan adopted 
318.7   pursuant to section 5. 
318.8      Sec. 2.  Laws 2002, chapter 382, article 2, section 1, 
318.9   subdivision 5, is amended to read: 
318.10     Subd. 5.  [LOCAL GOVERNMENTAL UNITS.] "Local governmental 
318.11  units" or "governmental units" means the iron range resources 
318.12  and rehabilitation board, the cities of Hibbing, Chisholm, and 
318.13  Buhl, and Kinney, and the townships of Kinney, Balkan, and Great 
318.14  Scott. 
318.15     Sec. 3.  Laws 2002, chapter 382, article 2, section 2, 
318.16  subdivision 1, is amended to read: 
318.17     Subdivision 1.  [ESTABLISHMENT.] A sanitary sewer district 
318.18  is established in the cities of Hibbing, Chisholm, and Buhl, and 
318.19  Kinney; the townships of Kinney, Balkan, and Great Scott; and 
318.20  the territory occupied by Ironworld, to be known as the central 
318.21  iron range sanitary sewer district.  The sewer district is under 
318.22  the control and management of the central iron range sanitary 
318.23  sewer board.  The board is established as a public corporation 
318.24  and political subdivision of the state with perpetual succession 
318.25  and all the rights, powers, privileges, immunities, and duties 
318.26  granted to or imposed upon a municipal corporation, as provided 
318.27  in sections 1 to 19.  
318.28     Sec. 4.  Laws 2002, chapter 382, article 2, section 2, 
318.29  subdivision 2, is amended to read: 
318.30     Subd. 2.  [MEMBERS AND SELECTION.] The board is composed of 
318.31  13 members selected as provided in this subdivision.  Each of 
318.32  the town boards of the townships shall meet to appoint one 
318.33  resident to the sewer board.  Four members must be selected by 
318.34  the governing body of the city of Hibbing.  Three members must 
318.35  be selected by the governing body of the city of Chisholm.  Two 
318.36  members must be selected by the governing body of the city of 
319.1   Buhl.  One member must be selected by the governing body of the 
319.2   city of Kinney.  One member must be selected by the iron range 
319.3   resources and rehabilitation board on behalf of Ironworld.  Each 
319.4   member has one vote.  The first terms are as follows:  four for 
319.5   one year, four for two years, and five for three years, fixed by 
319.6   lot at the district's first meeting.  Thereafter, all terms are 
319.7   for three years. 
319.8      Sec. 5.  Laws 2002, chapter 382, article 2, section 3, 
319.9   subdivision 4, is amended to read: 
319.10     Subd. 4.  [PUBLIC EMPLOYEES.] The executive director, if 
319.11  any, and other persons, if any, employed by the district are 
319.12  public employees and have all the rights and duties conferred on 
319.13  public employees under Minnesota Statutes, sections 179A.01 to 
319.14  179A.25.  The board may elect to have employees become members 
319.15  of either the public employees retirement association or the 
319.16  Minnesota state retirement system.  The compensation and 
319.17  conditions of employment of the employees must be governed by 
319.18  rules applicable to state employees in the classified service 
319.19  and to the provisions of Minnesota Statutes, chapter 15A. 
319.20     Sec. 6.  Laws 2002, chapter 382, article 2, section 4, 
319.21  subdivision 6, is amended to read: 
319.22     Subd. 6.  [STUDIES AND INVESTIGATIONS.] The board may 
319.23  conduct research studies and programs, collect and analyze data, 
319.24  prepare reports, maps, charts, and tables, and conduct all 
319.25  necessary hearings and investigations in connection with the 
319.26  need for, benefits of, design, construction, and operation of 
319.27  the district disposal system. 
319.28     Sec. 7.  Laws 2002, chapter 382, article 2, section 4, 
319.29  subdivision 8, is amended to read: 
319.30     Subd. 8.  [PROPERTY RIGHTS, POWERS.] By vote of at least 75 
319.31  percent of the members of the board, the board may acquire by 
319.32  purchase, lease, condemnation, gift, or grant, any real or 
319.33  personal property including positive and negative easements and 
319.34  water and air rights, and it may construct, enlarge, improve, 
319.35  replace, repair, maintain, and operate any interceptor, 
319.36  treatment works, or water facility determined to be necessary or 
320.1   convenient for the collection and disposal of sewage in the 
320.2   district.  Any local governmental unit and the commissioners of 
320.3   transportation and natural resources are authorized to convey to 
320.4   or permit the use of any of the above-mentioned facilities owned 
320.5   or controlled by it, by the board, subject to the rights of the 
320.6   holders of any bonds issued with respect to those facilities, 
320.7   with or without compensation, without an election or approval by 
320.8   any other governmental unit or agency.  All powers conferred by 
320.9   this subdivision may be exercised both within or without the 
320.10  district as may be necessary for the exercise by the board of 
320.11  its powers or the accomplishment of its purposes.  By vote of at 
320.12  least 75 percent of the members of the board, the board may 
320.13  hold, lease, convey, or otherwise dispose of the above-mentioned 
320.14  property for its purposes upon the terms and in the manner it 
320.15  deems advisable.  Unless otherwise provided, the right to 
320.16  acquire lands and property rights by condemnation may be 
320.17  exercised only in accordance with Minnesota Statutes, sections 
320.18  117.011 to 117.232, and applies to any property or interest in 
320.19  the property owned by any local governmental unit.  Property 
320.20  devoted to an actual public use at the time, or held to be 
320.21  devoted to such a use within a reasonable time, must not be so 
320.22  acquired unless a court of competent jurisdiction determines 
320.23  that the use proposed by the board is paramount to the existing 
320.24  use.  Except in the case of property in actual public use, the 
320.25  board may take possession of any property on which condemnation 
320.26  proceedings have been commenced at any time after the issuance 
320.27  of a court order appointing commissioners for its condemnation. 
320.28     Sec. 8.  Laws 2002, chapter 382, article 2, section 4, 
320.29  subdivision 10, is amended to read: 
320.30     Subd. 10.  [DISPOSAL OF PROPERTY.] By vote of at least 75 
320.31  percent of the members of the board, the board may sell, lease, 
320.32  or otherwise dispose of any real or personal property acquired 
320.33  by it which is no longer required for accomplishment of its 
320.34  purposes.  The property may be sold in the manner provided by 
320.35  Minnesota Statutes, section 469.065, insofar as practical.  The 
320.36  board may give notice of sale as it deems appropriate.  When the 
321.1   board determines that any property or any part of the district 
321.2   disposal system acquired from a local governmental unit without 
321.3   compensation is no longer required but is required as a local 
321.4   facility by the governmental unit from which it was acquired, 
321.5   the board may by resolution transfer it to that governmental 
321.6   unit. 
321.7      Sec. 9.  Laws 2002, chapter 382, article 2, section 5, 
321.8   subdivision 1, is amended to read: 
321.9      Subdivision 1.  [BOARD PLAN AND PROGRAM.] The board shall 
321.10  adopt a comprehensive plan for the collection, treatment, and 
321.11  disposal of sewage in the district for a designated period the 
321.12  board deems proper and reasonable.  The board shall prepare and 
321.13  adopt subsequent comprehensive plans for the collection, 
321.14  treatment, and disposal of sewage in the district for each 
321.15  succeeding designated period as the board deems proper and 
321.16  reasonable.  All comprehensive plans of the district shall be 
321.17  subject to the planning and zoning authority of St. Louis county 
321.18  and in conformance with all planning and zoning ordinances of 
321.19  St. Louis county.  The first plan, as modified by the board, and 
321.20  any subsequent plan shall take into account the preservation and 
321.21  best and most economic use of water and other natural resources 
321.22  in the area; the preservation, use, and potential for use of 
321.23  lands adjoining waters of the state to be used for the disposal 
321.24  of sewage; and the impact the disposal system will have on 
321.25  present and future land use in the area affected.  In no case 
321.26  shall the comprehensive plan provide for more than 325 
321.27  connections to the disposal system.  All connections must be 
321.28  charged a full assessment.  Connections made after the initial 
321.29  assessment period ends must be charged an amount equal to the 
321.30  initial assessment plus an adjustment for inflation and plus any 
321.31  other charges determined to be reasonable and necessary by the 
321.32  board.  Deferred assessments may be permitted, as provided for 
321.33  in Minnesota Statutes, chapter 429.  The plans shall include the 
321.34  general location of needed interceptors and treatment works, a 
321.35  description of the area that is to be served by the various 
321.36  interceptors and treatment works, a long-range capital 
322.1   improvements program, and any other details as the board deems 
322.2   appropriate.  In developing the plans, the board shall consult 
322.3   with persons designated for the purpose by governing bodies of 
322.4   any governmental unit within the district to represent the 
322.5   entities and shall consider the data, resources, and input 
322.6   offered to the board by the entities and any planning agency 
322.7   acting on behalf of one or more of the entities.  Each plan, 
322.8   when adopted, must be followed in the district and may be 
322.9   revised as often as the board deems necessary. 
322.10     Sec. 10.  Laws 2002, chapter 382, article 2, section 5, is 
322.11  amended by adding a subdivision to read: 
322.12     Subd. 3.  [REMOVAL OF AREA.] After adopting the first plan, 
322.13  any of the local governmental units can elect not to be included 
322.14  within the central iron range sanitary sewer district by 
322.15  delivering a written resolution of the governing body of the 
322.16  governmental unit to the central iron range sanitary sewer 
322.17  district within 60 days of adoption of the first comprehensive 
322.18  plan.  The area of the local governmental unit shall then be 
322.19  removed from the district. 
322.20     Sec. 11.  Laws 2002, chapter 382, article 2, section 6, is 
322.21  amended to read: 
322.22     Sec. 6.  [POWERS TO ISSUE OBLIGATIONS AND IMPOSE SPECIAL 
322.23  ASSESSMENTS.] 
322.24     The central iron range sanitary sewer board, in order to 
322.25  implement the powers granted under sections 1 to 19 to 
322.26  establish, maintain, and administer the central iron range 
322.27  sanitary sewer district upon a vote of at least 75 percent of 
322.28  the members of the board, may issue obligations and impose 
322.29  special assessments against benefited property within the limits 
322.30  of the district benefited by facilities constructed under 
322.31  sections 1 to 19 in the manner provided for local governments by 
322.32  Minnesota Statutes, chapter 429. 
322.33     Sec. 12.  Laws 2002, chapter 382, article 2, section 8, 
322.34  subdivision 3, is amended to read: 
322.35     Subd. 3.  [UTILIZATION OF DISTRICT SYSTEM.] By vote of at 
322.36  least 75 percent of the members of the board, the board may 
323.1   require any person or local governmental unit to provide for the 
323.2   discharge of any sewage, directly or indirectly, into the 
323.3   district disposal system, or to connect any disposal system or a 
323.4   part of it with the district disposal system wherever reasonable 
323.5   opportunity for connection is provided; may regulate the manner 
323.6   in which the connections are made; may require any person or 
323.7   local governmental unit discharging sewage into the disposal 
323.8   system to provide preliminary treatment for it; may prohibit the 
323.9   discharge into the district disposal system of any substance 
323.10  that it determines will or may be harmful to the system or any 
323.11  persons operating it; and may require any local governmental 
323.12  unit to discontinue the acquisition, betterment, or operation of 
323.13  any facility for the unit's disposal system wherever and so far 
323.14  as adequate service is or will be provided by the district 
323.15  disposal system. 
323.16     Sec. 13.  Laws 2002, chapter 382, article 2, section 9, is 
323.17  amended to read: 
323.18     Sec. 9.  [BUDGET.] 
323.19     (a) The board shall prepare and adopt, on or before October 
323.20  1, 2002 2003, and each year thereafter, a budget showing for the 
323.21  following calendar year or other fiscal year determined by the 
323.22  board, sometimes referred to in sections 1 to 19 as the budget 
323.23  year, estimated receipts of money from all sources, including 
323.24  but not limited to payments by each local governmental unit, 
323.25  federal or state grants, taxes on property, and funds on hand at 
323.26  the beginning of the year, and estimated expenditures for: 
323.27     (1) costs of operation, administration, and maintenance of 
323.28  the district disposal system; 
323.29     (2) cost of acquisition and betterment of the district 
323.30  disposal system; and 
323.31     (3) debt service, including principal and interest, on 
323.32  general obligation bonds and certificates issued pursuant to 
323.33  section 13, and any money judgments entered by a court of 
323.34  competent jurisdiction.  
323.35     (b) Expenditures within these general categories, and any 
323.36  other categories as the board may from time to time determine, 
324.1   must be itemized in detail as the board prescribes.  The board 
324.2   and its officers, agents, and employees must not spend money for 
324.3   any purpose other than debt service without having set forth the 
324.4   expense in the budget nor in excess of the amount set forth in 
324.5   the budget for it.  No obligation to make an expenditure of the 
324.6   above-mentioned type is enforceable except as the obligation of 
324.7   the person or persons incurring it.  The board may amend the 
324.8   budget at any time by transferring from one purpose to another 
324.9   any sums except money for debt service and bond proceeds or by 
324.10  increasing expenditures in any amount by which actual cash 
324.11  receipts during the budget year exceed the total amounts 
324.12  designated in the original budget.  The creation of any 
324.13  obligation under section 13, or the receipt of any federal or 
324.14  state grant is a sufficient budget designation of the proceeds 
324.15  for the purpose for which it is authorized, and of the tax or 
324.16  other revenue pledged to pay the obligation and interest on it, 
324.17  whether or not specifically included in any annual budget. 
324.18     Sec. 14.  Laws 2002, chapter 382, article 2, section 10, 
324.19  subdivision 2, is amended to read: 
324.20     Subd. 2.  [METHOD OF ALLOCATION OF CURRENT COSTS.] Current 
324.21  costs must be allocated in the district on an equitable basis as 
324.22  the board may determine by resolution to be in the best 
324.23  interests of the district.  The adoption or revision of any 
324.24  method of allocation used by the board must be by the 
324.25  affirmative vote of at least two-thirds 75 percent of the 
324.26  members of the board. 
324.27     Sec. 15.  Laws 2002, chapter 382, article 2, section 11, is 
324.28  amended to read: 
324.29     Sec. 11.  [TAX LEVIES.] 
324.30     To accomplish any duty imposed on it the board may, upon a 
324.31  vote of at least 75 percent of the members of the board, in 
324.32  addition to the powers granted in sections 1 to 19 and in any 
324.33  other law or charter, exercise the powers granted any 
324.34  municipality by Minnesota Statutes, chapters 117, 412, 429, 475, 
324.35  sections 115.46, 444.075, and 471.59, with respect to the area 
324.36  in the district.  By vote of at least 75 percent of the members 
325.1   of the board, the board may levy taxes upon all taxable property 
325.2   in the district for all or a part of the amount payable to the 
325.3   board, pursuant to section 10, to be assessed and extended as a 
325.4   tax upon that taxable property by the county auditor for the 
325.5   next calendar year, free from any limit of rate or amount 
325.6   imposed by law or charter.  The tax must be collected and 
325.7   remitted in the same manner as other general taxes. 
325.8      Sec. 16.  Laws 2002, chapter 382, article 2, section 12, 
325.9   subdivision 5, is amended to read: 
325.10     Subd. 5.  [POWER OF THE BOARD TO SPECIALLY ASSESS.] The 
325.11  board may, upon a vote of at least 75 percent of the members of 
325.12  the board, specially assess all or any part of the costs of 
325.13  acquisition and betterment as provided in this subdivision, of 
325.14  any project ordered under this section.  The special assessments 
325.15  must be levied in accordance with Minnesota Statutes, sections 
325.16  429.051 to 429.081, except as otherwise provided in this 
325.17  subdivision.  No other provisions of Minnesota Statutes, chapter 
325.18  429, apply.  For purposes of levying the special assessments, 
325.19  the hearing on the project required in subdivision 1 serves as 
325.20  the hearing on the making of the original improvement provided 
325.21  for by Minnesota Statutes, section 429.051.  The area assessed 
325.22  may be less than but may not exceed the area proposed to be 
325.23  assessed as stated in the notice of hearing on the project 
325.24  provided for in subdivision 2. 
325.25     Sec. 17.  Laws 2002, chapter 382, article 2, section 13, 
325.26  subdivision 3, is amended to read: 
325.27     Subd. 3.  [GENERAL OBLIGATION BONDS.] The board may, upon a 
325.28  vote of at least 75 percent of the members of the board, by 
325.29  resolution authorize the issuance of general obligation bonds 
325.30  for the acquisition or betterment of any part of the district 
325.31  disposal system, including but without limitation the payment of 
325.32  interest during construction and for a reasonable period 
325.33  thereafter, or for the refunding of outstanding bonds, 
325.34  certificates of indebtedness, or judgments.  The board shall 
325.35  pledge its full faith and credit and taxing power for the 
325.36  payment of the bonds and shall provide for the issuance and sale 
326.1   and for the security of the bonds in the manner provided in 
326.2   Minnesota Statutes, chapter 475.  The board has the same powers 
326.3   and duties as a municipality issuing bonds under that law, 
326.4   except that no election is required and the debt limitations of 
326.5   Minnesota Statutes, chapter 475, do not apply to the bonds.  The 
326.6   board may also pledge for the payment of the bonds and deduct 
326.7   from the amount of any tax levy required under Minnesota 
326.8   Statutes, section 475.61, subdivision 1, and any revenues 
326.9   receivable under any state and federal grants anticipated by the 
326.10  board and may covenant to refund the bonds if and when and to 
326.11  the extent that for any reason the revenues, together with other 
326.12  funds available and appropriated for that purpose, are not 
326.13  sufficient to pay all principal and interest due or about to 
326.14  become due, provided that the revenues have not been anticipated 
326.15  by the issuance of certificates under subdivision 1. 
326.16     Sec. 18.  Laws 2002, chapter 382, article 2, section 16, is 
326.17  amended to read: 
326.18     Sec. 16.  [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES 
326.19  OUTSIDE THE JURISDICTION OF THE BOARD.] 
326.20     (a) The board may, upon a vote of at least 75 percent of 
326.21  the members of the board, contract with the United States or any 
326.22  agency of the federal government, any state or its agency, or 
326.23  any municipal or public corporation, governmental subdivision or 
326.24  agency or political subdivision in any state, outside the 
326.25  jurisdiction of the board, for furnishing services to those 
326.26  entities, including but not limited to planning for and the 
326.27  acquisition, betterment, operation, administration, and 
326.28  maintenance of any or all interceptors, treatment works, and 
326.29  local water and sanitary sewer facilities.  The board may 
326.30  include as one of the terms of the contract that the entity must 
326.31  pay to the board an amount agreed upon as a reasonable estimate 
326.32  of the proportionate share properly allocable to the entity of 
326.33  costs of acquisition, betterment, and debt service previously 
326.34  allocated in the district.  When payments are made by entities 
326.35  to the board, they must be applied in reduction of the total 
326.36  amount of costs thereafter allocated in the district, on an 
327.1   equitable basis as the board deems to be in the best interests 
327.2   of the district, applying so far as practicable and appropriate 
327.3   the criteria set forth in section 10, subdivision 2.  A 
327.4   municipality in the state of Minnesota may enter into a contract 
327.5   and perform all acts and things required as a condition or 
327.6   consideration therefor consistent with the purposes of sections 
327.7   1 to 19, whether or not included among the powers otherwise 
327.8   granted to the municipality by law or charter. 
327.9      (b) The board shall contract with a qualified entity to 
327.10  make necessary inspections of the district facilities, and to 
327.11  otherwise process or assist in processing any of the work of the 
327.12  district. 
327.13     Sec. 19.  [LOCAL APPROVAL.] 
327.14     This article takes effect the day after each of the 
327.15  governing bodies of each of the local governmental units has 
327.16  complied with Minnesota Statutes, section 645.021, subdivision 3.