1.1 	A bill for an act
1.2 	relating to state government; modifying certain environment and natural 
1.3 	resource programs; modifying previous appropriations; providing for economic 
1.4 	development; modifying the administration and operation of state government; 
1.5 	regulating installation of carbon monoxide alarms; amending Minnesota Statutes 
1.6 	2004, sections 16B.325; 43A.08, subdivision 1a; 80C.01, subdivision 4; 
1.7 	97A.045, subdivision 11; 115.03, by adding a subdivision; 115B.48, subdivision 
1.8 	3; 116J.421, subdivision 3; 116L.04, subdivisions 1, 1a; 116L.12, subdivision 
1.9 	4; 178.03, by adding a subdivision; 183.02, by adding a subdivision; 216C.41, 
1.10 	subdivision 4; 298.22, subdivisions 1, 8, by adding a subdivision; 298.2213, 
1.11 	subdivision 4; 298.223, subdivisions 2, 3; 446A.03, subdivision 5; 446A.12, 
1.12 	subdivision 1; 473.252, subdivision 3; Minnesota Statutes 2005 Supplement, 
1.13 	sections 115C.09, subdivision 3j; 216C.052, subdivisions 3, 4; 216C.41, 
1.14 	subdivision 3; 298.296, subdivision 1; 298.298; 327.201;  Laws 2005, First 
1.15 	Special Session chapter 1, article 2, section 11, subdivision 10; proposing coding 
1.16 	for new law in Minnesota Statutes, chapters 80C; 299F; repealing Minnesota 
1.17 	Statutes 2004, section 17.10.
1.18 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.19 	ARTICLE 1
1.20 	ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE

1.21 	Section 1. Minnesota Statutes 2004, section 97A.045, subdivision 11, is amended to 
1.22 	read:
1.23 		Subd. 11.Power to prevent or control wildlife disease. (a) If the commissioner 
1.24 	determines that action is necessary to prevent or control a wildlife disease, the 
1.25 	commissioner may prevent or control wildlife disease in a species of wild animal in 
1.26 	addition to the protection provided by the game and fish laws by further limiting, closing, 
1.27 	expanding, or opening seasons or areas of the state; by reducing or increasing limits in 
1.28 	areas of the state; by establishing disease management zones; by authorizing free licenses; 
1.29 	by allowing shooting from motor vehicles by persons designated by the commissioner; 
2.1 	by issuing replacement licenses for sick animals; by requiring sample collection from 
2.2 	hunter-harvested animals; by limiting wild animal possession, transportation, and 
2.3 	disposition; and by restricting wildlife feeding.
2.4 	(b) The commissioner shall restrict wildlife feeding within a 15-mile radius of a 
2.5 	cattle herd that is infected with bovine tuberculosis.
2.6 	(c) The commissioner may prevent or control wildlife disease in a species of wild 
2.7 	animal in the state by emergency rule adopted under section  84.027, subdivision 13. 

2.8 	Sec. 2. Minnesota Statutes 2004, section 115.03, is amended by adding a subdivision to 
2.9 	read:
2.10 		Subd. 10.Nutrient loading offset. Prior to the completion of a total maximum 
2.11 	daily load for an impaired water, the Pollution Control Agency may issue a permit for 
2.12 	a new discharger or an expanding discharger if it does not result in increased loading to 
2.13 	an impaired water. Where a new discharger or an expanding existing discharger cannot 
2.14 	effectively implement zero discharge options, the agency may issue a permit if the 
2.15 	increased loading is offset by reductions from other sources of loading to the impaired 
2.16 	water. The term "new discharger" is as defined in Code of Federal Regulations, title 
2.17 	40, section 122.2.

2.18 	Sec. 3. Minnesota Statutes 2004, section 115B.48, subdivision 3, is amended to read:
2.19 		Subd. 3.Dry cleaning facility. "Dry cleaning facility" means a facility located in 
2.20 	this state that is or has been used for a dry cleaning operation, other than:
2.21 	(1) a coin-operated dry cleaning operation;
2.22 	(2) a facility located on a United States military base;
2.23 	(3) a uniform service or linen supply facility;
2.24 	(4) a prison or other penal institution;
2.25 	(5) a facility on the national priorities list established under the federal Superfund 
2.26 	Act; or
2.27 	(6) a facility at which a response action has been taken or started under section 
2.28 	115B.17 before July 1, 1995, except as authorized in a settlement agreement approved by 
2.29 	the commissioner by July 1, 1997. 

2.30 	Sec. 4. Laws 2005, First Special Session chapter 1, article 2, section 11, subdivision 
2.31 	10, is amended to read:

2.32	Subd.  10. Energy
 		1,896,000
		1,896,000

3.1	Summary by Fund
	
3.2	Trust Fund
	1,896,000
	1,896,000
	
3.3 	(a) Clean Energy Resource Teams and 
3.4 	Community Wind  Energy Rebate and 
3.5 	Financial Assistance Program
3.6 	$350,000 the first year and $350,000  the 
3.7 	second year are from the trust fund  to the 
3.8 	commissioner of commerce.  $300,000 of 
3.9 	this appropriation is to  provide technical 
3.10 	assistance to  implement cost-effective 
3.11 	conservation,  energy efficiency, and 
3.12 	renewable energy  projects.  $400,000 of this  
3.13 	appropriation is to assist two Minnesota 
3.14 	communities in developing  locally owned 
3.15 	wind energy projects by  offering financial 
3.16 	assistance and rebates. This appropriation 
3.17 	is available until June 30, 2009, at which 
3.18 	time the project must be completed and final 
3.19 	products delivered, unless an earlier date is 
3.20 	specified in the work program.
3.21 	(b) [Paragraph (b) was vetoed by the 
3.22 	governor.]
3.23 	(c) Manure Methane Digester Compatible 
3.24 	Wastes  and Electrical Generation
3.25 	$50,000 the first year and $50,000 the  
3.26 	second year are from the trust fund to  the 
3.27 	commissioner of agriculture to  research the 
3.28 	potential for a centrally  located, multifarm 
3.29 	manure digester and  the potential use of 
3.30 	compatible waste  streams with manure 
3.31 	digesters. 
3.32 	(d) Dairy Farm Digesters 
4.1 	$168,000 the first year and $168,000  the 
4.2 	second year are from the trust fund  to the 
4.3 	commissioner of natural  resources for an 
4.4 	agreement with the  Minnesota Project for a 
4.5 	pilot project  to evaluate anaerobic digester  
4.6 	technology on average size dairy farms  of 
4.7 	50 to 300 cows.  
4.8 	(e) Wind to Hydrogen Demonstration  
4.9 	$400,000 the first year and $400,000  the 
4.10 	second year are from the trust fund  to the 
4.11 	commissioner of natural  resources for an 
4.12 	agreement with the  University of Minnesota, 
4.13 	West Central  Research and Outreach Center, 
4.14 	to  develop a model community-scale  
4.15 	wind-to-hydrogen facility.  
4.16 	(f) Natural Gas Production from  Agricultural 
4.17 	Biomass 
4.18 	$50,000 the first year and $50,000 the  
4.19 	second year are from the trust fund to  the 
4.20 	commissioner of natural resources  for an 
4.21 	agreement with Sebesta Blomberg  and 
4.22 	Associates to demonstrate potential  natural 
4.23 	gas yield using anaerobic  digestion of blends 
4.24 	of chopped grasses  or crop residue with hog 
4.25 	manure and  determine optimum operating 
4.26 	conditions  for conversion to natural gas.  
4.27 	(g) Biomass-Derived Oils for Generating 
4.28 	Electricity  and Reducing Emissions  
4.29 	$75,000 the first year and $75,000 the  second 
4.30 	year are from the trust fund to  the University 
4.31 	of Minnesota to evaluate  the environmental 
4.32 	and performance  benefits of using renewable  
4.33 	biomass-derived oils, such as soybean  oil, 
4.34 	for generating electricity.  
5.1 	(h) [Paragraph (h) was vetoed by the 
5.2 	governor.]
5.3 	(i) [Paragraph (i) was vetoed by the 
5.4 	governor.]

5.5 	Sec. 5. CARRYFORWARD.
 5.6 	The appropriation under Laws 2003, chapter 128, article 1, section 9, subdivision 
5.7 	6, paragraph (c), for local initiative grants - parks and natural areas, is available until 
5.8 	June 30, 2007.

5.9 	Sec. 6.  REPEALER.
 5.10 	Minnesota Statutes 2004, section 17.10, is repealed.

5.11 	Sec. 7. EFFECTIVE DATE.
 5.12 	Unless otherwise specified, this article is effective the day following final enactment.

5.13 	ARTICLE 2
5.14 	ECONOMIC DEVELOPMENT

5.15 	Section 1. Minnesota Statutes 2004, section 16B.325, is amended to read:
5.16 	16B.325 SUSTAINABLE BUILDING GUIDELINES.
5.17 		Subdivision 1. Energy, lighting, air quality, and other guidelines. The Department 
5.18 	of Administration and the Department of Commerce, with the assistance of other agencies, 
5.19 	shall develop sustainable building design guidelines for all new state buildings by January 
5.20 	15, 2003. The primary objectives of these guidelines are to ensure that all new state 
5.21 	buildings initially exceed existing energy code, as established in Minnesota Rules, chapter 
5.22 	7676, by at least 30 percent. The guidelines must focus on achieving the lowest possible 
5.23 	lifetime cost for new buildings and allow for changes in the guidelines that encourage 
5.24 	continual energy conservation improvements in new buildings. The design guidelines 
5.25 	must establish sustainability guidelines that include air quality and lighting standards and 
5.26 	that create and maintain a healthy environment and facilitate productivity improvements; 
5.27 	specify ways to reduce material costs; and must consider the long-term operating costs of 
5.28 	the building, including the use of renewable energy sources and distributed electric energy 
5.29 	generation that uses a renewable source or natural gas or a fuel that is as clean or cleaner 
5.30 	than natural gas. In developing the guidelines, the departments shall use an open process, 
5.31 	including providing the opportunity for public comment. The guidelines established under 
6.1 	this sectionsubdivision are mandatory for all new buildings receiving funding from the 
6.2 	bond proceeds fund after January 1, 2004.
6.3 		Subd. 2.Greenhouse gases. The Department of Administration and the Department 
6.4 	of Commerce, with the assistance of other agencies, shall report to the legislature by 
6.5 	March 15, 2007, on guidelines and procedures for a requirement that no net increases 
6.6 	in greenhouse gases are allowed as a result of new building projects. The guidelines 
6.7 	established under this subdivision are mandatory for all new buildings receiving funding 
6.8 	from the bond proceeds fund after January 1, 2008.

6.9 	Sec. 2. Minnesota Statutes 2004, section 43A.08, subdivision 1a, is amended to read:
6.10 		Subd. 1a.Additional unclassified positions. Appointing authorities for the 
6.11 	following agencies may designate additional unclassified positions according to this 
6.12 	subdivision: the Departments of Administration; Agriculture; Commerce; Corrections; 
6.13 	Education; Employee Relations; Employment and Economic Development; Explore 
6.14 	Minnesota Tourism; Finance; Health; Human Rights; Labor and Industry; Natural 
6.15 	Resources; Public Safety; Human Services; Revenue; Transportation; and Veterans 
6.16 	Affairs; the Housing Finance and Pollution Control Agencies; the State Lottery; the state 
6.17 	Board of Investment; the Office of Administrative Hearings; the Office of Environmental 
6.18 	Assistance; the Offices of the Attorney General, Secretary of State, and State Auditor; 
6.19 	the Minnesota State Colleges and Universities; the Higher Education Services Office; the 
6.20 	Perpich Center for Arts Education; and the Minnesota Zoological Board.
6.21 	A position designated by an appointing authority according to this subdivision must 
6.22 	meet the following standards and criteria:
6.23 	(1) the designation of the position would not be contrary to other law relating 
6.24 	specifically to that agency;
6.25 	(2) the person occupying the position would report directly to the agency head or 
6.26 	deputy agency head and would be designated as part of the agency head's management 
6.27 	team;
6.28 	(3) the duties of the position would involve significant discretion and substantial 
6.29 	involvement in the development, interpretation, and implementation of agency policy;
6.30 	(4) the duties of the position would not require primarily personnel, accounting, or 
6.31 	other technical expertise where continuity in the position would be important;
6.32 	(5) there would be a need for the person occupying the position to be accountable to, 
6.33 	loyal to, and compatible with, the governor and the agency head, the employing statutory 
6.34 	board or commission, or the employing constitutional officer;
7.1 	(6) the position would be at the level of division or bureau director or assistant 
7.2 	to the agency head; and
7.3 	(7) the commissioner has approved the designation as being consistent with the 
7.4 	standards and criteria in this subdivision.

7.5 	Sec. 3. Minnesota Statutes 2004, section 80C.01, subdivision 4, is amended to read:
7.6 		Subd. 4.Franchise. (a) "Franchise" means (1) a contract or agreement, either 
7.7 	express or implied, whether oral or written, for a definite or indefinite period, between 
7.8 	two or more persons:
7.9 	(i) by which a franchisee is granted the right to engage in the business of offering or 
7.10 	distributing goods or services using the franchisor's trade name, trademark, service mark, 
7.11 	logotype, advertising, or other commercial symbol or related characteristics;
7.12 	(ii) in which the franchisor and franchisee have a community of interest in the 
7.13 	marketing of goods or services at wholesale, retail, by lease, agreement, or otherwise; and
7.14 	(iii) for which the franchisee pays, directly or indirectly, a franchise fee; or
7.15 	(2) a contract, lease, or other agreement, either express or implied, whether oral or 
7.16 	written, for a definite or indefinite period, between two or more persons, whereby the 
7.17 	franchisee is authorized, permitted, or granted the right to market motor vehicle fuel at 
7.18 	retail under the franchisor's trade name, trademark, service mark, logotype, or other 
7.19 	commercial symbol or related characteristics owned or controlled by the franchisor; or
7.20 	(3) the sale or lease of any products, equipment, chattels, supplies, or services to the 
7.21 	purchaser, other than the sale of sales demonstration equipment, materials or samples for a 
7.22 	total price of $500 or less to any one person, for the purpose of enabling the purchaser 
7.23 	to start a business and in which the seller:
7.24 	(i) represents that the seller, lessor, or an affiliate thereof will provide locations or 
7.25 	assist the purchaser in finding locations for the use or operation of vending machines, 
7.26 	racks, display cases, or similar devices, or currency operated amusement machines or 
7.27 	devices, on premises neither owned or leased by the purchaser or seller; or
7.28 	(ii) represents that the seller will purchase any or all products made, produced, 
7.29 	fabricated, grown, bred, or modified by the purchaser using, in whole or in part, the 
7.30 	supplies, services, or chattels sold to the purchaser; or
7.31 	(iii) guarantees that the purchaser will derive income from the business which 
7.32 	exceeds the price paid to the seller; or
7.33 	(4) an oral or written contract or agreement, either expressed or implied, for a 
7.34 	definite or indefinite period, between two or more persons, under which a manufacturer, 
7.35 	selling security systems through dealers or distributors in this state, requires regular 
8.1 	payments from the distributor or dealer as royalties or residuals for products purchased 
8.2 	and paid for by the dealer or distributor.
8.3 	(b) "Franchise" does not include any business which is operated under a lease or 
8.4 	license on the premises of the lessor or licensor as long as such business is incidental to 
8.5 	the business conducted by the lessor or licensor on such premises, including, without 
8.6 	limitation, leased departments, licensed departments, and concessions.
8.7 	(c) "Franchise" does not include any contract, lease or other agreement whereby the 
8.8 	franchisee is required to pay less than $100 on an annual basis, except those franchises 
8.9 	identified in paragraph (a), clause (2).
8.10 	(d) "Franchise" does not include a contract, lease or other agreement between a new 
8.11 	motor vehicle manufacturer, distributor, or factory branch and a franchisee whereby the 
8.12 	franchisee is granted the right to market automobiles, motorcycles, trucks, truck-tractors, 
8.13 	or self-propelled motor homes or campers if the foregoing are designed primarily for the 
8.14 	transportation of persons or property on public highways.
8.15 	(e) "Franchise" does not include a contract, lease, or other agreement or arrangement 
8.16 	between two or more air carriers, or between one or more air carriers and one or more 
8.17 	foreign air carriers. The terms "air carrier" and "foreign air carrier" shall have the 
8.18 	meanings assigned to them by the Federal Aviation Act, United States Code Appendix, 
8.19 	title 49, sections 1301(3) and 1301(22), respectively.
8.20 	(f) For purposes of paragraph (a), clause (2), "franchise" does not include the 
8.21 	marketing of motor vehicle fuel in circumstances where all the following are present:
8.22 	(1) the franchisor or an affiliate of the franchisor is not a refiner of motor vehicle 
8.23 	fuel, diesel fuel, or gasoline;
8.24 	(2) the franchisor's trade name, trademark, service mark, logotype, or other 
8.25 	commercial symbol or related characteristics is not used to identify the marketing premises 
8.26 	generally, but only the gasoline dispensers, canopy, and gasoline price signage, provided, 
8.27 	however, this circumstance is not changed by a voluntary decision by the retailer to 
8.28 	identify the buildings on the premises in the manner selected by the retailer;
8.29 	(3) the franchisor does not impose any requirements or franchise fee on nonmotor 
8.30 	vehicle fuel products or sales, provided this circumstance is not changed by a voluntary 
8.31 	decision by the retailer to purchase nonmotor vehicle fuel products from the franchisor or 
8.32 	an affiliate of the franchisor; and
8.33 	(4) the facility is not leased from the franchisor or affiliate of the franchisor.
8.34 	(f)  (g) For purposes of this chapter, a person who sells motor vehicle fuel at 
8.35 	wholesale who does not own or control, or is not an affiliate of a person who owns or 
8.36 	controls, the trademark, trade name, service mark, logotype, or other commercial symbol 
9.1 	or related characteristics under which the motor vehicle fuel is sold at retail, is not a 
9.2 	franchisor or a franchisee, and is not considered to be part of a franchise relationship.

9.3 	Sec. 4. [80C.144] EXEMPT MOTOR FUEL FRANCHISES; ALTERNATIVE 
9.4 	COMPLIANCE.
9.5 	A motor fuel franchise exempt from regulation under this chapter pursuant to section 
9.6 	80C.01, subdivision 4, paragraph (f), is subject to regulation under chapter 80F.

9.7 	Sec. 5. Minnesota Statutes 2005 Supplement, section 115C.09, subdivision 3j, is 
9.8 	amended to read:
9.9 		Subd. 3j.Retail locations and transport vehicles. (a) As used in this subdivision, 
9.10 	"retail location" means a facility located in the metropolitan area as defined in section 
9.11 	473.121, subdivision 2, where gasoline is offered for sale to the general public for use in 
9.12 	automobiles and trucks. "Transport vehicle" means a liquid fuel cargo tank used to deliver 
9.13 	gasoline into underground storage tanks during 2002 and or 2003 at a retail location.
9.14 	(b) Notwithstanding any other provision in this chapter, and any rules adopted under 
9.15 	this chapter, the board shall reimburse 90 percent of an applicant's cost for retrofits of 
9.16 	retail locations and transport vehicles completed between January 1, 2001, and January
9.17 	September 1, 2006, to comply with section 116.49, subdivisions 3 and 4, provided that the 
9.18 	board determines the costs were incurred and reasonable. The reimbursement may not 
9.19 	exceed $3,000 per retail location and $3,000 per transport vehicle.

9.20 	EFFECTIVE DATE. This section is effective retroactively from August 1, 2003.

9.21 	Sec. 6. Minnesota Statutes 2004, section 116J.421, subdivision 3, is amended to read:
9.22 		Subd. 3.Duties. The center shall:
9.23 	(1) research and identify present and emerging social and economic issues for rural 
9.24 	Minnesota, including health care, transportation, crime, housing, and job training;
9.25 	(2) forge alliances and partnerships with rural communities to find practical solutions 
9.26 	to economic and social problems;
9.27 	(3) provide a resource center for rural communities on issues of importance to them;
9.28 	(4) encourage collaboration across higher education institutions to provide 
9.29 	interdisciplinary team approaches to problem solving with rural communities; and
9.30 	(5) involve students in center projects; and
9.31 	(6) submit to the legislature a report on the "State of Rural Minnesota" no later 
9.32 	than March 1 in each odd-numbered year.

10.1 	Sec. 7. Minnesota Statutes 2004, section 116L.04, subdivision 1, is amended to read:
10.2 		Subdivision 1.Partnership program. (a) The partnership program may provide 
10.3 	grants-in-aid to educational or other nonprofit educational institutions using the following 
10.4 	guidelines:
10.5 	(1) the educational or other nonprofit educational institution is a provider of training 
10.6 	within the state in either the public or private sector;
10.7 	(2) the program involves skills training that is an area of employment need; and
10.8 	(3) preference will be given to educational or other nonprofit training institutions 
10.9 	which serve economically disadvantaged people, minorities, or those who are victims of 
10.10 	economic dislocation and to businesses located in rural areas.
10.11 	(b) A single grant to any one institution shall not exceed $400,000. Up to 25 percent
10.12 	A portion of a grant may be used for preemployment training.

10.13 	EFFECTIVE DATE. This section is effective the day following final enactment.

10.14 	Sec. 8. Minnesota Statutes 2004, section 116L.04, subdivision 1a, is amended to read:
10.15 		Subd. 1a.Pathways program. The pathways program may provide grants-in-aid 
10.16 	for developing programs which assist in the transition of persons from welfare to work and 
10.17 	assist individuals at or below 200 percent of the federal poverty guidelines. The program 
10.18 	is to be operated by the board. The board shall consult and coordinate with program 
10.19 	administrators at the Department of Employment and Economic Development to design 
10.20 	and provide services for temporary assistance for needy families recipients.
10.21 	Pathways grants-in-aid may be awarded to educational or other nonprofit training 
10.22 	institutions for education and training programs and services supporting education and 
10.23 	training programs that serve eligible recipients.
10.24 	Preference shall be given to projects that:
10.25 	(1) provide employment with benefits paid to employees;
10.26 	(2) provide employment where there are defined career paths for trainees;
10.27 	(3) pilot the development of an educational pathway that can be used on a continuing 
10.28 	basis for transitioning persons from welfare to work; and
10.29 	(4) demonstrate the active participation of Department of Employment and 
10.30 	Economic Development workforce centers, Minnesota State College and University 
10.31 	institutions and other educational institutions, and local welfare agencies.
10.32 	Pathways projects must demonstrate the active involvement and financial 
10.33 	commitment of private business. Pathways projects must be matched with cash or in-kind 
10.34 	contributions on at least a one-to-one ratio by participating private business.
11.1 	A single grant to any one institution shall not exceed $400,000. Up to 25 percent of
11.2 	A portion of a grant may be used for preemployment training.

11.3 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.4 	Sec. 9. Minnesota Statutes 2004, section 116L.12, subdivision 4, is amended to read:
11.5 		Subd. 4.Grants. Within the limits of available appropriations, the board shall make 
11.6 	grants not to exceed $400,000 each to qualifying consortia to operate local, regional, or 
11.7 	statewide training and retention programs. Grants may be made from TANF funds, general 
11.8 	fund appropriations, and any other funding sources available to the board, provided the 
11.9 	requirements of those funding sources are satisfied. Up to 25 percent A portion of a 
11.10 	grant may be used for preemployment training. Grant awards must establish specific, 
11.11 	measurable outcomes and timelines for achieving those outcomes.

11.12 	EFFECTIVE DATE. This section is effective the day following final enactment.

11.13 	Sec. 10. Minnesota Statutes 2004, section 178.03, is amended by adding a subdivision 
11.14 	to read:
11.15 		Subd. 3a.Apprentice wages. (a) The graduated schedule of wages for an 
11.16 	apprenticeship agreement will be determined by the percentage rate used in the majority of 
11.17 	individual apprenticeship agreements on file with the Department of Labor and Industry, 
11.18 	Division of Voluntary Apprenticeship, in any particular trade. The beginning rate must be 
11.19 	at least the federal or state minimum wage rate, whichever is higher.
11.20 	(b) The journeyman wage rate for apprenticeship agreements where no bargaining 
11.21 	agreement exists must be determined by counties, for all trades. If there is either a state or 
11.22 	federal prevailing wage determination or apprenticeship agreement for a trade, the most 
11.23 	current rate of the determination or agreement must be used as the journeyman wage rate.
11.24 	(c) This subdivision does not apply to programs in penal institutions including 
11.25 	stipends paid by the Department of Corrections.

11.26 	Sec. 11. Minnesota Statutes 2004, section 183.02, is amended by adding a subdivision 
11.27 	to read:
11.28 		Subd. 4.Inland waters. "Inland waters" means navigable bodies of water within 
11.29 	the boundaries of this state, excluding boundary lakes and boundary rivers.

11.30 	Sec. 12. Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 3, 
11.31 	is amended to read:
12.1 		Subd. 3.Assessment and appropriation. In addition to the amount noted in 
12.2 	subdivision 2, the commission may assess utilities, using the mechanism specified in that 
12.3 	subdivision, up to an additional $500,000 annually through June 30, 2006 2008. The 
12.4 	amounts assessed under this subdivision are appropriated to the commission, and some or 
12.5 	all of the amounts assessed may be transferred to the commissioner of administration, for 
12.6 	the purposes specified in section 16B.325 and Laws 2001, chapter 212, article 1, section 
12.7 	3, as needed to implement those sections.

12.8 	Sec. 13. Minnesota Statutes 2005 Supplement, section 216C.052, subdivision 4, 
12.9 	is amended to read:
12.10 		Subd. 4.Expiration. This section expiresSubdivisions 1 and 2 expire June 30, 
12.11 	2007. Subdivision 3 expires June 30, 2008.

12.12 	Sec. 14. Minnesota Statutes 2005 Supplement, section 216C.41, subdivision 3, is 
12.13 	amended to read:
12.14 		Subd. 3.Eligibility window. Payments may be made under this section only for 
12.15 	electricity generated:
12.16 	(1) from a qualified hydroelectric facility that is operational and generating 
12.17 	electricity before December 31, 2007 2009;
12.18 	(2) from a qualified wind energy conversion facility that is operational and 
12.19 	generating electricity before January 1, 2007 2008; or
12.20 	(3) from a qualified on-farm biogas recovery facility from July 1, 2001, through 
12.21 	December 31, 2017.

12.22 	Sec. 15. Minnesota Statutes 2004, section 216C.41, subdivision 4, is amended to read:
12.23 		Subd. 4.Payment period. (a) A facility may receive payments under this section for 
12.24 	a ten-year period. No payment under this section may be made for electricity generated:
12.25 	(1) by a qualified hydroelectric facility after December 31, 2017 2019;
12.26 	(2) by a qualified wind energy conversion facility after December 31, 2017 2018; or
12.27 	(3) by a qualified on-farm biogas recovery facility after December 31, 2015.
12.28 	(b) The payment period begins and runs consecutively from the date the facility 
12.29 	begins generating electricity or, in the case of refurbishment of a hydropower facility, after 
12.30 	substantial repairs to the hydropower facility dam funded by the incentive payments are 
12.31 	initiated.

12.32 	Sec. 16. Minnesota Statutes 2004, section 298.22, subdivision 1, is amended to read:
13.1 		Subdivision 1.The office of the commissioner of Iron Range resources and 
13.2 	rehabilitation. (1) The office of the commissioner of Iron Range resources and 
13.3 	rehabilitation is created as an agency in the executive branch of state government. The 
13.4 	governor shall appoint the commissioner of Iron Range resources and rehabilitation under 
13.5 	section  15.06. 
13.6 	(2) The commissioner may hold other positions or appointments that are not 
13.7 	incompatible with duties as commissioner of Iron Range resources and rehabilitation. The 
13.8 	commissioner may appoint a deputy commissioner. All expenses of the commissioner, 
13.9 	including the payment of such staff and other assistance as may be necessary, must be 
13.10 	paid out of the amounts appropriated by section  298.28 or otherwise made available by 
13.11 	law to the commissioner. 
13.12 	(3) When the commissioner determines that distress and unemployment exists or 
13.13 	may exist in the future in any county by reason of the removal of natural resources or 
13.14 	a possibly limited use of natural resources in the future and any resulting decrease in 
13.15 	employment, the commissioner may use whatever amounts of the appropriation made to 
13.16 	the commissioner of revenue in section  298.28 that are determined to be necessary and 
13.17 	proper in the development of the remaining resources of the county and in the vocational 
13.18 	training and rehabilitation of its residents, except that the amount needed to cover cost 
13.19 	overruns awarded to a contractor by an arbitrator in relation to a contract awarded by 
13.20 	the commissioner or in effect after July 1, 1985, is appropriated from the general fund. 
13.21 	For the purposes of this section, "development of remaining resources" includes, but is 
13.22 	not limited to, the promotion of tourism. 

13.23 	EFFECTIVE DATE. This section is effective the day following final enactment.

13.24 	Sec. 17. Minnesota Statutes 2004, section 298.22, subdivision 8, is amended to read:
13.25 		Subd. 8.Spending priority. In making or approving any expenditures on programs 
13.26 	or projects, the commissioner and the board shall give the highest priority to programs 
13.27 	and projects that target relief to those areas of the taconite assistance area as defined in 
13.28 	section  273.1341, that have the largest percentages of job losses and population losses 
13.29 	directly attributable to the economic downturn in the taconite industry since the 1980s. 
13.30 	The commissioner and the board shall compare the 1980 population and employment 
13.31 	figures with the 2000 population and employment figures, and shall specifically consider 
13.32 	the job losses in 2000 and 2001 resulting from the closure of LTV Steel Mining Company, 
13.33 	in making or approving expenditures consistent with this subdivision, as well as the areas 
13.34 	of residence of persons who suffered job loss for which relief is to be targeted under this 
13.35 	subdivision. The commissioner may lease, for a term not exceeding 50 years and upon the 
14.1 	terms determined by the commissioner and approved by the board, surface and mineral 
14.2 	interests owned or acquired by the state of Minnesota acting by and through the office 
14.3 	of the commissioner of Iron Range resources and rehabilitation within those portions of 
14.4 	the taconite assistance area impacted by the closure of the LTV Steel Mining Company 
14.5 	facility near Hoyt Lakes. The payments and royalties from these leases must be deposited 
14.6 	into the fund established in section 298.292. This subdivision supersedes any other 
14.7 	conflicting provisions of law and does not preclude the commissioner and the board from 
14.8 	making expenditures for programs and projects in other areas. 

14.9 	EFFECTIVE DATE. This section is effective the day following final enactment.

14.10 	Sec. 18. Minnesota Statutes 2004, section 298.22, is amended by adding a subdivision 
14.11 	to read:
14.12 		Subd. 11.Budgeting. The commissioner of Iron Range resources and rehabilitation 
14.13 	shall annually prepare a budget of operational expenditures, programs, and projects, and 
14.14 	submit it to the Iron Range Resources and Rehabilitation Board and the governor for 
14.15 	approval. Upon board approval, the commissioner is authorized to expend available funds 
14.16 	approved in the budget for operational expenditures, projects, and programs.

14.17 	Sec. 19. Minnesota Statutes 2004, section 298.2213, subdivision 4, is amended to read:
14.18 		Subd. 4.Project approval. The board and commissioner shall by August 1 each 
14.19 	year prepare a list of projects to be funded from the money appropriated in this section 
14.20 	with necessary supporting information including descriptions of the projects, plans, and 
14.21 	cost estimates. A project must not be approved by the board unless it finds that:
14.22 	(1) the project will materially assist, directly or indirectly, the creation of additional 
14.23 	long-term employment opportunities;
14.24 	(2) the prospective benefits of the expenditure exceed the anticipated costs; and
14.25 	(3) in the case of assistance to private enterprise, the project will serve a sound 
14.26 	business purpose.
14.27 	To be proposed by the board, a Each project must be approved by a majority of 
14.28 	the Iron Range Resources and Rehabilitation Board members and the commissioner of 
14.29 	Iron Range resources and rehabilitation. The list of projects must be submitted to the 
14.30 	governor, who shall, by November 15 of each year, approve, disapprove, or return for 
14.31 	further consideration, each project. The money for a project may be spent only upon 
14.32 	approval of the project by the governor. The board may submit supplemental projects 
14.33 	for approval at any time.

15.1 	EFFECTIVE DATE. This section is effective the day following final enactment.

15.2 	Sec. 20. Minnesota Statutes 2004, section 298.223, subdivision 2, is amended to read:
15.3 		Subd. 2.Administration. The taconite area environmental protection fund shall be 
15.4 	administered by the commissioner of the Iron Range Resources and Rehabilitation Board. 
15.5 	The commissioner shall by September 1 of each year submit to the board a list of projects 
15.6 	to be funded from the taconite area environmental protection fund, with such supporting 
15.7 	information including description of the projects, plans, and cost estimates as may be 
15.8 	necessary. Upon approval by a majority of the members of the Iron Range Resources 
15.9 	and Rehabilitation Board, this list shall be submitted to the governor by November 1 of 
15.10 	each year. By December 1 of each year, the governor shall approve or disapprove, or 
15.11 	return for further consideration, each project. Funds for a project may be expended only 
15.12 	upon approval of the project by the board and governor. The commissioner may submit 
15.13 	supplemental projects to the board and governor for approval at any time.

15.14 	Sec. 21. Minnesota Statutes 2004, section 298.223, subdivision 3, is amended to read:
15.15 		Subd. 3.Appropriation. There is hereby annually appropriated to the commissioner 
15.16 	of Iron Range resources and rehabilitation such taconite area environmental protection
15.17 	funds as are necessary to carry out the approved projects approved and programs and 
15.18 	such the funds as are necessary for administration of this section. Annual administrative 
15.19 	costs, not including detailed engineering expenses for the projects, shall not exceed five 
15.20 	percent of the amount annually expended from the fund.
15.21 	Funds for the purposes of this section are provided by section  298.28, subdivision 
15.22 	11, relating to the taconite area environmental protection fund. 

15.23 	Sec. 22. Minnesota Statutes 2005 Supplement, section 298.296, subdivision 1, is 
15.24 	amended to read:
15.25 		Subdivision 1.Project approval. The board and commissioner shall by August 1 of 
15.26 	each year prepare a list of projects to be funded from the Douglas J. Johnson economic 
15.27 	protection trust with necessary supporting information including description of the 
15.28 	projects, plans, and cost estimates. These projects shall be consistent with the priorities 
15.29 	established in section 298.292 and shall not be approved by the board unless it finds that:
15.30 	(a) the project will materially assist, directly or indirectly, the creation of additional 
15.31 	long-term employment opportunities;
15.32 	(b) the prospective benefits of the expenditure exceed the anticipated costs; and
16.1 	(c) in the case of assistance to private enterprise, the project will serve a sound 
16.2 	business purpose.
16.3 	To be proposed by the board, a Each project must be approved by at least eight 
16.4 	Iron Range Resources and Rehabilitation Board members and the commissioner of 
16.5 	Iron Range resources and rehabilitation. The list of projects shall be submitted to the 
16.6 	governor, who shall, by November 15 of each year, approve or disapprove, or return for 
16.7 	further consideration, each project. The money for a project may be expended only upon 
16.8 	approval of the project by the governor. The board may submit supplemental projects 
16.9 	for approval at any time.

16.10 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.11 	Sec. 23. Minnesota Statutes 2005 Supplement, section 298.298, is amended to read:
16.12 	298.298 LONG-RANGE PLAN.
16.13 	Consistent with the policy established in sections 298.291 to 298.298, the Iron 
16.14 	Range Resources and Rehabilitation Board and commissioner shall prepare and present 
16.15 	to the governor and the legislature by January 1, 1984 December 31, 2006, a long-range 
16.16 	plan for the use of the Douglas J. Johnson economic protection trust fund for the 
16.17 	economic development and diversification of the taconite assistance area defined in 
16.18 	section 273.1341. The Iron Range Resources and Rehabilitation Board shall, before 
16.19 	November 15 of each even numbered year, prepare a report to the governor and legislature 
16.20 	updating and revising this long-range plan and reporting on the Iron Range Resources and 
16.21 	Rehabilitation Board's progress on those matters assigned to it by law. After January 1, 
16.22 	1984, No project shall be approved by the Iron Range Resources and Rehabilitation Board 
16.23 	which is not consistent with the goals and objectives established in the long-range plan.

16.24 	EFFECTIVE DATE. This section is effective the day following final enactment.

16.25 	Sec. 24. [299F.50] DEFINITIONS.
16.26 		Subdivision 1.Scope. As used in sections 299F.50 to 299F.52, the terms defined in 
16.27 	this section have the meanings given them.
16.28 		Subd. 2.Installed. "Installed" means that an approved carbon monoxide alarm is 
16.29 	hardwired into the electrical wiring, directly plugged into an electrical outlet without a 
16.30 	switch, or, if the alarm is battery-powered, attached to the wall of the dwelling.
16.31 		Subd. 3.Single and multifamily dwelling. "Single and multifamily dwelling" 
16.32 	means any building or structure that is wholly or partly used or intended to be used for 
16.33 	living or sleeping by human occupants.
17.1 		Subd. 4.Dwelling unit. "Dwelling unit" means an area meant for living or sleeping 
17.2 	by human occupants.
17.3 		Subd. 5.Approved carbon monoxide alarm. "Approved carbon monoxide alarm" 
17.4 	means a device meant for the purpose of detecting carbon monoxide that is certified by a 
17.5 	nationally recognized testing laboratory to conform to the latest Underwriters Laboratories 
17.6 	Standards (known as UL2034 standards).
17.7 		Subd. 6.Operational. "Operational" means working and in service according to 
17.8 	manufacturer's directions.

17.9 	Sec. 25. [299F.51] REQUIREMENTS FOR CARBON MONOXIDE ALARMS.
17.10 		Subdivision 1.Generally. Every single-family dwelling and every dwelling unit in 
17.11 	a multifamily dwelling must have an approved and operational carbon monoxide alarm 
17.12 	installed on each level of the residence and within ten feet of each room lawfully used for 
17.13 	sleeping purposes.
17.14 		Subd. 2.Owner's duties. The owner of a multifamily dwelling that is required to 
17.15 	be equipped with one or more approved carbon monoxide alarms must:
17.16 	(1) provide and install one approved and operational carbon monoxide alarm on each 
17.17 	level of the dwelling and within ten feet of each room lawfully used for sleeping; and 
17.18 	(2) replace any approved carbon monoxide alarm that has been stolen, removed, 
17.19 	found missing, or rendered inoperable during a prior occupancy of the dwelling unit 
17.20 	and that has not been replaced by the prior occupant before the commencement of a 
17.21 	new occupancy of a dwelling unit.
17.22 		Subd. 3.Occupant's duties. The occupant of each dwelling unit in a multifamily 
17.23 	dwelling in which an approved and operational carbon monoxide alarm has been provided 
17.24 	and installed by the owner must:
17.25 	(1) keep and maintain the device in good repair according to manufacturer's 
17.26 	directions; and 
17.27 	(2) replace any device that is stolen, removed, missing, or rendered inoperable 
17.28 	during the occupancy of the dwelling unit.
17.29 		Subd. 4.Battery removal prohibited. A person shall not remove batteries from, or 
17.30 	in any way render inoperable, a required carbon monoxide alarm.

17.31 	Sec. 26. [299F.52] ENFORCEMENT.
17.32 	A violation of section 299F.50 or 299F.51 subjects the owner of the single family 
17.33 	dwelling, multifamily dwelling, or dwelling unit to the same penalty and enforcement 
18.1 	mechanism provided for violations of the Minnesota Fire Code provided in section 
18.2 	299F.011, subdivision 6.

18.3 	Sec. 27. Minnesota Statutes 2005 Supplement, section 327.201, is amended to read:
18.4 	327.201 STATE FAIR CAMPING AREA.
18.5 	Notwithstanding sections 327.14 to 327.28 or any rule adopted by the commissioner 
18.6 	of health, the State Agricultural Society must operate and maintain a camping area on the 
18.7 	State Fairgrounds during the State Fair and the Minnesota Street Rod Association's Back 
18.8 	to the 50's event, subject to the following conditions:
18.9 	(1) recreational camping vehicles and tents, including their attachments, must be 
18.10 	separated from each other and from other structures by at least seven feet;
18.11 	(2) a minimum area of 300 square feet per site must be provided and the total number 
18.12 	of sites must not exceed one site for every 300 square feet of usable land area; and
18.13 	(3) each site must face a driveway at least 16 feet in width and each driveway must 
18.14 	have unobstructed access to a public roadway.

18.15 	EFFECTIVE DATE. This section is effective the day following final enactment.

18.16 	Sec. 28. Minnesota Statutes 2004, section 446A.03, subdivision 5, is amended to read:
18.17 		Subd. 5.Executive director. The commissioner shall employ, with the concurrence 
18.18 	of the authority, an executive director in the unclassified service. The director shall 
18.19 	perform duties that the authority may require in carrying out its responsibilities.

18.20 	Sec. 29. Minnesota Statutes 2004, section 446A.12, subdivision 1, is amended to read:
18.21 		Subdivision 1.Bonding authority. The authority may issue negotiable bonds in a 
18.22 	principal amount that the authority determines necessary to provide sufficient funds for 
18.23 	achieving its purposes, including the making of loans and purchase of securities, the 
18.24 	payment of interest on bonds of the authority, the establishment of reserves to secure its 
18.25 	bonds, the payment of fees to a third party providing credit enhancement, and the payment 
18.26 	of all other expenditures of the authority incident to and necessary or convenient to carry 
18.27 	out its corporate purposes and powers, but not including the making of grants. Bonds of 
18.28 	the authority may be issued as bonds or notes or in any other form authorized by law. The 
18.29 	principal amount of bonds issued and outstanding under this section at any time may not 
18.30 	exceed $1,250,000,000 $1,500,000,000, excluding bonds for which refunding bonds or 
18.31 	crossover refunding bonds have been issued.

19.1 	Sec. 30. Minnesota Statutes 2004, section 473.252, subdivision 3, is amended to read:
19.2 		Subd. 3.Distribution of funds. (a) The council must use the funds in the account 
19.3 	to make grants to municipalities or development authorities for the cleanup of polluted 
19.4 	land in the metropolitan area. A grant to a metropolitan county or a development authority 
19.5 	must be used for a project in a participating municipality. The council shall prescribe 
19.6 	and provide the grant application form to municipalities. The council must consider the 
19.7 	probability of funding from other sources when making grants under this section.
19.8 	(b)(1) The legislature expects that applications for grants will exceed the available 
19.9 	funds and the council will be able to provide grants to only some of the applicant 
19.10 	municipalities. If applications for grants for qualified sites exceed the available funds, 
19.11 	the council shall make grants that provide the highest return in public benefits for the 
19.12 	public costs incurred, that encourage development that will lead to the preservation or 
19.13 	growth of living-wage jobs or the production of affordable housing, and that enhance the 
19.14 	tax base of the recipient municipality. For purposes of ranking applications, equal weight 
19.15 	shall be given to preservation or growth of living-wage jobs and to the production of 
19.16 	affordable housing.
19.17 	For purposes of this section, affordable housing includes both:
19.18 	(i) affordable rental housing for persons or families whose income, at the time 
19.19 	of initial occupancy, does not exceed 60 percent of median income as determined by 
19.20 	the United States Department of Housing and Urban Development for the metropolitan 
19.21 	area; and 
19.22 	(ii) affordable ownership housing units for persons or families whose income, at the 
19.23 	time of initial occupancy, does not exceed 80 percent of median income as determined by 
19.24 	the United States Department of Housing and Urban Development for the metropolitan 
19.25 	area.
19.26 	(2) In making grants, the council shall establish regular application deadlines in 
19.27 	which grants will be awarded from the available money in the account. If the council 
19.28 	provides for application cycles of less than six-month intervals, the council must reserve 
19.29 	at least 40 percent of the receipts of the account for a year for application deadlines that 
19.30 	occur in the second half of the year. If the applications for grants exceed the available 
19.31 	funds for an application cycle, no more than one-half of the funds may be granted to 
19.32 	projects in a statutory or home rule charter city and no more than three-quarters of the 
19.33 	funds may be granted to projects located in cities of the first class.
19.34 	(c) A municipality may use the grant to provide a portion of the local match 
19.35 	requirement for project costs that qualify for a grant under sections  116J.551 to  116J.557.

20.1 	Sec. 31. EFFECTIVE DATE.
 20.2 	Sections 24 to 26 are effective January 1, 2007, for all newly constructed 
20.3 	single-family and multifamily dwelling units and August 1, 2008, for all existing and 
20.4 	newly constructed single family and multifamily dwelling units.