SF 2096

CCR--SF2096B - 85th Legislature (2007 - 2008)

Posted on 01/15/2013 08:28 p.m.

1.1CONFERENCE COMMITTEE REPORT ON S.F. No. 2096 1.2A bill for an act 1.3relating to state government; appropriating money for environmental, natural 1.4resources, and energy purposes; establishing and modifying certain programs; 1.5modifying rulemaking authority; providing for accounts, assessments, and fees; 1.6amending Minnesota Statutes 2006, sections 84.025, subdivision 9; 84.026, 1.7subdivision 1; 84.027, by adding a subdivision; 84.0855, subdivisions 1, 2; 1.884.780; 84.922, subdivisions 1a, 5; 84.927, subdivision 2; 84D.03, subdivision 1.91; 84D.12, subdivisions 1, 3; 84D.13, subdivision 7; 85.32, subdivision 1; 1.1086B.415, subdivisions 1, 2, 3, 4, 5, 7; 86B.706, subdivision 2; 89A.11; 93.0015, 1.11subdivision 3; 97A.045, by adding a subdivision; 97A.055, subdivision 4; 1.1297A.065, by adding a subdivision; 97A.405, subdivision 2; 97A.411, subdivision 1.131; 97A.451, subdivision 3a; 97A.465, by adding subdivisions; 97A.473, 1.14subdivisions 3, 5; 97A.475, subdivisions 3, 7, 11, 12, by adding a subdivision; 1.1597B.601, subdivision 3; 97B.715, subdivision 1; 97B.801; 97C.081, subdivision 1.163; 97C.355, subdivision 2; 116C.779, subdivision 1; 216B.812, subdivisions 1, 1.172; 216C.051, subdivision 9; Laws 2003, chapter 128, article 1, section 169; 1.18proposing coding for new law in Minnesota Statutes, chapters 84; 84D; 89; 103F; 1.19144; 216B; 216C; 325E; repealing Minnesota Statutes 2006, section 93.2236. 1.20May 4, 2007 1.21The Honorable James P. Metzen 1.22President of the Senate 1.23The Honorable Margaret Anderson Kelliher 1.24Speaker of the House of Representatives 1.25We, the undersigned conferees for S.F. No. 2096 report that we have agreed upon 1.26the items in dispute and recommend as follows: 1.27That the House recede from its amendments and that S.F. No. 2096 be further 1.28amended as follows: 1.29Delete everything after the enacting clause and insert: 1.30"ARTICLE 1 1.31ENVIRONMENT AND NATURAL RESOURCES 1.32 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 1.33     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 1.34 new text begin in this article. new text end 2.1 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 2.2 new text begin General new text end new text begin $ new text end new text begin 177,046,000 new text end new text begin $ new text end new text begin 126,148,000 new text end new text begin $ new text end new text begin 303,194,000 new text end 2.3 2.4 new text begin State Government Special new text end new text begin Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end new text begin 96,000 new text end 2.5 new text begin Environmental new text end new text begin 62,425,000 new text end new text begin 62,622,000 new text end new text begin 125,047,000 new text end 2.6 new text begin Natural Resources new text end new text begin 82,211,000 new text end new text begin 82,301,000 new text end new text begin 164,512,000 new text end 2.7 new text begin Game and Fish new text end new text begin 89,988,000 new text end new text begin 91,947,000 new text end new text begin 181,935,000 new text end 2.8 new text begin Remediation new text end new text begin 11,116,000 new text end new text begin 11,186,000 new text end new text begin 22,302,000 new text end 2.9 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end new text begin 400,000 new text end 2.10 new text begin Total new text end new text begin $ new text end new text begin 423,034,000 new text end new text begin $ new text end new text begin 374,452,000 new text end new text begin $ new text end new text begin 797,486,000 new text end 2.11 Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 2.12     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 2.13 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 2.14 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 2.15 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 2.16 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 2.17 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 2.18 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 2.19 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 2.20 new text begin APPROPRIATIONS new text end 2.21 new text begin Available for the Year new text end 2.22 new text begin Ending June 30 new text end 2.23 new text begin 2008 new text end new text begin 2009 new text end 2.24 Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end 2.25 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 117,782,000 new text end new text begin $ new text end new text begin 86,388,000 new text end 2.26 new text begin Appropriations by Fund new text end 2.27 new text begin 2008 new text end new text begin 2009 new text end 2.28 new text begin General new text end new text begin 44,293,000 new text end new text begin 12,632,000 new text end 2.29 2.30 new text begin State Government new text end new text begin Special Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end 2.31 new text begin Environmental new text end new text begin 62,425,000 new text end new text begin 62,622,000 new text end 2.32 new text begin Remediation new text end new text begin 11,016,000 new text end new text begin 11,086,000 new text end 2.33 new text begin The amounts that may be spent for each new text end 2.34 new text begin purpose are specified in the following new text end 2.35 new text begin subdivisions. new text end 2.36 new text begin Subd. 2. new text end new text begin Water new text end new text begin 58,053,000 new text end new text begin 26,930,000 new text end 2.37 new text begin Appropriations by Fund new text end 2.38 new text begin General new text end new text begin 38,656,000 new text end new text begin 7,603,000 new text end 3.1 3.2 new text begin State Government new text end new text begin Special Revenue new text end new text begin 48,000 new text end new text begin 48,000 new text end 3.3 new text begin Environmental new text end new text begin 19,349,000 new text end new text begin 19,279,000 new text end 3.4 new text begin $2,348,000 the first year and $2,348,000 new text end 3.5 new text begin the second year are for the clean water new text end 3.6 new text begin partnership program. Any balance remaining new text end 3.7 new text begin in the first year does not cancel and new text end 3.8 new text begin is available for the second year. This new text end 3.9 new text begin appropriation may be used for grants to new text end 3.10 new text begin local units of government for the purpose new text end 3.11 new text begin of restoring impaired waters listed under new text end 3.12 new text begin section 303(d) of the federal Clean Water new text end 3.13 new text begin Act in accordance with adopted total new text end 3.14 new text begin maximum daily loads (TMDLs), including new text end 3.15 new text begin implementation of approved clean water new text end 3.16 new text begin partnership diagnostic study work plans that new text end 3.17 new text begin will assist in restoration of impaired waters, new text end 3.18 new text begin in accordance with Minnesota Statutes, new text end 3.19 new text begin chapter 114D. new text end 3.20 new text begin $2,324,000 the first year and $2,324,000 the new text end 3.21 new text begin second year must be distributed as grants to new text end 3.22 new text begin delegated counties to administer the county new text end 3.23 new text begin feedlot program. Distribution of funds new text end 3.24 new text begin must be as provided in Laws 2005, First new text end 3.25 new text begin Special Session chapter 1, article 2, section new text end 3.26 new text begin 2, subdivision 2. The commissioner, in new text end 3.27 new text begin consultation with the Minnesota Association new text end 3.28 new text begin of County Feedlot Officers executive team, new text end 3.29 new text begin may use up to five percent of the annual new text end 3.30 new text begin appropriation for initiatives to enhance new text end 3.31 new text begin existing delegated county feedlot programs, new text end 3.32 new text begin information and education, or technical new text end 3.33 new text begin assistance to reduce feedlot-related pollution new text end 3.34 new text begin hazards. Any money remaining after the first new text end 3.35 new text begin year is available for the second year. new text end 4.1 new text begin $335,000 the first year and $335,000 the new text end 4.2 new text begin second year are for community technical new text end 4.3 new text begin assistance and education, including grants new text end 4.4 new text begin and technical assistance to communities for new text end 4.5 new text begin local and basinwide water quality protection. new text end 4.6 new text begin $405,000 the first year and $405,000 the new text end 4.7 new text begin second year are for individual sewage new text end 4.8 new text begin treatment system (ISTS) administration and new text end 4.9 new text begin grants. Of this amount, $86,000 each year new text end 4.10 new text begin is for assistance to counties through grants new text end 4.11 new text begin for ISTS program administration. Any new text end 4.12 new text begin unexpended balance in the first year does not new text end 4.13 new text begin cancel but is available in the second year. new text end 4.14 new text begin $480,000 the first year and $480,000 the new text end 4.15 new text begin second year are from the environmental new text end 4.16 new text begin fund to address the need for continued new text end 4.17 new text begin increased activity in the areas of new new text end 4.18 new text begin technology review, technical assistance new text end 4.19 new text begin for local governments, and enforcement new text end 4.20 new text begin under Minnesota Statutes, sections 115.55 new text end 4.21 new text begin to 115.58, and to complete the requirements new text end 4.22 new text begin of Laws 2003, chapter 128, article 1, section new text end 4.23 new text begin 165. Of this amount, $48,000 each year is for new text end 4.24 new text begin administration of individual septic tank fees. new text end 4.25 new text begin $31,009,000 the first year is to implement new text end 4.26 new text begin the requirements of Minnesota Statutes, new text end 4.27 new text begin chapter 114D. Of this amount, $12,634,000 new text end 4.28 new text begin is for completion of 20 percent of the needed new text end 4.29 new text begin statewide assessments of surface water new text end 4.30 new text begin quality and trends and $18,000,000 is to new text end 4.31 new text begin develop TMDL's and TMDL implementation new text end 4.32 new text begin plans for waters listed on the United States new text end 4.33 new text begin Environmental Protection Agency approved new text end 4.34 new text begin impaired waters list in accordance with new text end 4.35 new text begin Minnesota Statutes, chapter 114D. The new text end 4.36 new text begin agency shall complete an average of ten new text end 5.1 new text begin percent of the TMDL's each year over the new text end 5.2 new text begin biennium. The department shall monitor new text end 5.3 new text begin and analyze endocrine disruptors in surface new text end 5.4 new text begin waters in at least 20 additional sites. The data new text end 5.5 new text begin must be placed on the agency's Web site. new text end 5.6 new text begin $1,035,000 the first year and $1,035,000 new text end 5.7 new text begin the second year are from the environmental new text end 5.8 new text begin fund to provide regulatory services to the new text end 5.9 new text begin ethanol, mining, and other developing new text end 5.10 new text begin economic sectors. Priority shall be for new text end 5.11 new text begin permitting new and emerging bioenergy crop new text end 5.12 new text begin utilization technologies. This is a onetime new text end 5.13 new text begin appropriation. new text end 5.14 new text begin $88,000 the first year is for the endocrine new text end 5.15 new text begin disruptors report required to be completed new text end 5.16 new text begin under this article. new text end 5.17 new text begin The commissioner shall transfer the new text end 5.18 new text begin amount necessary, up to $600,000, from new text end 5.19 new text begin the remediation fund to the commissioner new text end 5.20 new text begin of health to conduct an evaluation under new text end 5.21 new text begin Minnesota Statutes, section 115B.17, of point new text end 5.22 new text begin of use water treatment units at removing new text end 5.23 new text begin perfluorooctanoic acid, perfluorooctane new text end 5.24 new text begin sulfonate, and perfluorobutanoic acid from new text end 5.25 new text begin known concentrations of these compounds new text end 5.26 new text begin in drinking water. The evaluation shall be new text end 5.27 new text begin completed by December 31, 2007, and the new text end 5.28 new text begin commissioner of health may contract for new text end 5.29 new text begin services to complete the evaluation. new text end 5.30 new text begin By January 15, 2008, the commissioner shall new text end 5.31 new text begin amend agency rules and, where legislative new text end 5.32 new text begin action is necessary, provide recommendations new text end 5.33 new text begin to the house of representatives and senate new text end 5.34 new text begin divisions on environmental finance on new text end 5.35 new text begin water and air fee changes that will result in new text end 5.36 new text begin revenue to the environmental fund to pay for new text end 6.1 new text begin regulatory services to the ethanol, mining, new text end 6.2 new text begin and other developing economic sectors. new text end 6.3 new text begin Notwithstanding Minnesota Statutes, section new text end 6.4 new text begin 16A.28, the appropriations encumbered new text end 6.5 new text begin under contract on or before June 30, 2009, new text end 6.6 new text begin for clean water partnership, individual new text end 6.7 new text begin sewage treatment systems (ISTS), Minnesota new text end 6.8 new text begin River, total maximum daily loads (TMDL's), new text end 6.9 new text begin stormwater contracts or grants, and local and new text end 6.10 new text begin basinwide water quality protection contracts new text end 6.11 new text begin or grants in this subdivision are available new text end 6.12 new text begin until June 30, 2011. new text end 6.13 new text begin Subd. 3. new text end new text begin Air new text end new text begin 11,003,000 new text end new text begin 11,270,000 new text end 6.14 new text begin Appropriations by Fund new text end 6.15 new text begin Environmental new text end new text begin 11,003,000 new text end new text begin 11,270,000 new text end 6.16 new text begin Up to $150,000 the first year and $150,000 new text end 6.17 new text begin the second year may be transferred from the new text end 6.18 new text begin environmental fund to the small business new text end 6.19 new text begin environmental improvement loan account new text end 6.20 new text begin established in Minnesota Statutes, section new text end 6.21 new text begin 116.993. new text end 6.22 new text begin $200,000 the first year and $200,000 the new text end 6.23 new text begin second year are from the environmental fund new text end 6.24 new text begin for a monitoring program under Minnesota new text end 6.25 new text begin Statutes, section 116.454. new text end 6.26 new text begin $125,000 the first year and $125,000 the new text end 6.27 new text begin second year are from the environmental fund new text end 6.28 new text begin for monitoring ambient air for hazardous new text end 6.29 new text begin pollutants in the metropolitan area. new text end 6.30 new text begin $1,140,000 the first year and $1,140,000 new text end 6.31 new text begin the second year are from the environmental new text end 6.32 new text begin fund to provide regulatory services to the new text end 6.33 new text begin ethanol, mining, and other developing new text end 6.34 new text begin economic sectors. Priority shall be for new text end 6.35 new text begin permitting new and emerging bioenergy crop new text end 7.1 new text begin utilization technologies. This is a onetime new text end 7.2 new text begin appropriation. new text end 7.3 new text begin Subd. 4. new text end new text begin Land new text end new text begin 19,081,000 new text end new text begin 19,151,000 new text end 7.4 new text begin Appropriations by Fund new text end 7.5 new text begin General new text end new text begin 1,000,000 new text end new text begin 1,000,000 new text end 7.6 new text begin Environmental new text end new text begin 7,065,000 new text end new text begin 7,065,000 new text end 7.7 new text begin Remediation new text end new text begin 11,016,000 new text end new text begin 11,086,000 new text end 7.8 new text begin All money for environmental response, new text end 7.9 new text begin compensation, and compliance in the new text end 7.10 new text begin remediation fund not otherwise appropriated new text end 7.11 new text begin is appropriated to the commissioners of the new text end 7.12 new text begin Pollution Control Agency and agriculture new text end 7.13 new text begin for purposes of Minnesota Statutes, section new text end 7.14 new text begin 115B.20, subdivision 2, clauses (1), (2), new text end 7.15 new text begin (3), (6), and (7). At the beginning of each new text end 7.16 new text begin fiscal year, the two commissioners shall new text end 7.17 new text begin jointly submit an annual spending plan new text end 7.18 new text begin to the commissioner of finance and the new text end 7.19 new text begin house and senate chairs of environment and new text end 7.20 new text begin natural resources finance that maximizes the new text end 7.21 new text begin utilization of resources and appropriately new text end 7.22 new text begin allocates the money between the two new text end 7.23 new text begin departments. This appropriation is available new text end 7.24 new text begin until June 30, 2009. new text end 7.25 new text begin $3,616,000 the first year and $3,616,000 the new text end 7.26 new text begin second year are from the petroleum tank fund new text end 7.27 new text begin to be transferred to the remediation fund for new text end 7.28 new text begin purposes of the leaking underground storage new text end 7.29 new text begin tank program to protect the land. new text end 7.30 new text begin $252,000 the first year and $252,000 the new text end 7.31 new text begin second year are from the remediation fund to new text end 7.32 new text begin be transferred to the Department of Health for new text end 7.33 new text begin private water supply monitoring and health new text end 7.34 new text begin assessment costs in areas contaminated new text end 7.35 new text begin by unpermitted mixed municipal solid new text end 7.36 new text begin waste disposal facilities and drinking water new text end 8.1 new text begin advisories and public information activities new text end 8.2 new text begin for areas contaminated by hazardous releases. new text end 8.3 new text begin $1,000,000 each year is for environmental new text end 8.4 new text begin health tracking and biomonitoring. Of this new text end 8.5 new text begin amount, $900,000 each year is for transfer new text end 8.6 new text begin to the Department of Health. The base new text end 8.7 new text begin appropriation for this program for fiscal year new text end 8.8 new text begin 2010 and later is $500,000. new text end 8.9 new text begin Subd. 5. new text end new text begin Multimedia new text end new text begin 5,872,000 new text end new text begin 5,215,000 new text end 8.10 new text begin Appropriations by Fund new text end 8.11 new text begin General new text end new text begin 3,006,000 new text end new text begin 2,349,000 new text end 8.12 new text begin Environmental new text end new text begin 2,866,000 new text end new text begin 2,866,000 new text end 8.13 new text begin $825,000 the first year and $825,000 the new text end 8.14 new text begin second year are from the environmental new text end 8.15 new text begin fund to provide regulatory services to the new text end 8.16 new text begin ethanol, mining, and other developing new text end 8.17 new text begin economic sectors. Priority shall be for new text end 8.18 new text begin permitting new and emerging bioenergy crop new text end 8.19 new text begin utilization technologies. This is a onetime new text end 8.20 new text begin appropriation. new text end 8.21 new text begin $400,000 the first year is a onetime new text end 8.22 new text begin appropriation for a grant to the Koochiching new text end 8.23 new text begin Economic Development Authority for new text end 8.24 new text begin a feasibility study for a plasma torch new text end 8.25 new text begin gasification facility that converts municipal new text end 8.26 new text begin solid waste into energy and slag. new text end 8.27 new text begin $300,000 the first year is for the biomass new text end 8.28 new text begin gasification facilities air emissions study for new text end 8.29 new text begin the purpose of fully characterizing the air new text end 8.30 new text begin emissions exerted from biomass gasification new text end 8.31 new text begin facilities across a range of feedstocks. This new text end 8.32 new text begin is a onetime appropriation. new text end 8.33 new text begin Notwithstanding Minnesota Statutes, section new text end 8.34 new text begin 16A.28, the appropriations encumbered new text end 8.35 new text begin under contract on or before June 30, 2009, for new text end 9.1 new text begin total maximum daily load (TMDL) contracts new text end 9.2 new text begin or grants are available until June 30, 2011. new text end 9.3 new text begin Subd. 6. new text end new text begin Environmental Assistance new text end new text begin 22,142,000 new text end new text begin 22,142,000 new text end 9.4 new text begin This appropriation is from the environmental new text end 9.5 new text begin fund. new text end 9.6 new text begin $14,000,000 each year is from the new text end 9.7 new text begin environmental fund for SCORE block grants new text end 9.8 new text begin to counties. new text end 9.9 new text begin Any unencumbered grant and loan balances new text end 9.10 new text begin in the first year do not cancel but are available new text end 9.11 new text begin for grants and loans in the second year. new text end 9.12 new text begin All money deposited in the environmental new text end 9.13 new text begin fund for the metropolitan solid waste new text end 9.14 new text begin landfill fee in accordance with Minnesota new text end 9.15 new text begin Statutes, section 473.843, and not otherwise new text end 9.16 new text begin appropriated, is appropriated for the purposes new text end 9.17 new text begin of Minnesota Statutes, section 473.844. new text end 9.18 new text begin $119,000 the first year and $119,000 the new text end 9.19 new text begin second year are for environmental assistance new text end 9.20 new text begin grants or loans under Minnesota Statutes, new text end 9.21 new text begin section new text end new text begin . new text end 9.22 new text begin $1,200,000 the first year and $1,200,000 new text end 9.23 new text begin the second year are from the environmental new text end 9.24 new text begin fund first to retrofit school buses statewide, new text end 9.25 new text begin including buses for preschool children, new text end 9.26 new text begin and, after completion, secondly for loans to new text end 9.27 new text begin small trucking firms to install equipment to new text end 9.28 new text begin reduce fuel consumption. This is a onetime new text end 9.29 new text begin appropriation. new text end 9.30 new text begin Notwithstanding Minnesota Statutes, section new text end 9.31 new text begin , the appropriations encumbered new text end 9.32 new text begin under contract on or before June 30, new text end 9.33 new text begin 2009, for environmental assistance grants new text end 9.34 new text begin awarded under Minnesota Statutes, section new text end 9.35 new text begin , and for technical and research new text end 9.36 new text begin assistance under Minnesota Statutes, new text end 10.1 new text begin section new text end new text begin , technical assistance new text end 10.2 new text begin under Minnesota Statutes, section 115A.52, new text end 10.3 new text begin and pollution prevention assistance under new text end 10.4 new text begin Minnesota Statutes, section new text end new text begin , are new text end 10.5 new text begin available until June 30, 2011. new text end 10.6 new text begin Subd. 7. new text end new text begin Administrative Support new text end new text begin 1,631,000 new text end new text begin 1,680,000 new text end 10.7 new text begin The commissioner may transfer money from new text end 10.8 new text begin the environmental fund to the remediation new text end 10.9 new text begin fund as necessary for the purposes of the new text end 10.10 new text begin remediation fund under Minnesota Statutes, new text end 10.11 new text begin section 116.155, subdivision 2. new text end 10.12 Sec. 4. new text begin NATURAL RESOURCES new text end 10.13 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 255,077,000 new text end new text begin $ new text end new text begin 252,416,000 new text end 10.14 new text begin Appropriations by Fund new text end 10.15 new text begin 2008 new text end new text begin 2009 new text end 10.16 new text begin General new text end new text begin 87,775,000 new text end new text begin 83,066,000 new text end 10.17 new text begin Natural Resources new text end new text begin 77,014,000 new text end new text begin 77,103,000 new text end 10.18 new text begin Game and Fish new text end new text begin 89,988,000 new text end new text begin 91,947,000 new text end 10.19 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 10.20 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 10.21 new text begin The amounts that may be spent for each new text end 10.22 new text begin purpose are specified in the following new text end 10.23 new text begin subdivisions. new text end 10.24 10.25 new text begin Subd. 2. new text end new text begin Land and Mineral Resources new text end new text begin Management new text end new text begin 11,747,000 new text end new text begin 11,272,000 new text end 10.26 new text begin Appropriations by Fund new text end 10.27 new text begin General new text end new text begin 6,633,000 new text end new text begin 6,230,000 new text end 10.28 new text begin Natural Resources new text end new text begin 3,551,000 new text end new text begin 3,447,000 new text end 10.29 new text begin Game and Fish new text end new text begin 1,363,000 new text end new text begin 1,395,000 new text end 10.30 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 10.31 new text begin $475,000 the first year and $475,000 the new text end 10.32 new text begin second year are for iron ore cooperative new text end 10.33 new text begin research. Of this amount, $200,000 each year new text end 10.34 new text begin is from the minerals management account in new text end 10.35 new text begin the natural resources fund and $275,000 each new text end 10.36 new text begin year is from the general fund. $237,500 the new text end 10.37 new text begin first year and $237,500 the second year are new text end 10.38 new text begin available only as matched by $1 of nonstate new text end 11.1 new text begin money for each $1 of state money. The new text end 11.2 new text begin match may be cash or in-kind. new text end 11.3 new text begin $86,000 the first year and $86,000 the new text end 11.4 new text begin second year are for minerals cooperative new text end 11.5 new text begin environmental research, of which $43,000 new text end 11.6 new text begin the first year and $43,000 the second year are new text end 11.7 new text begin available only as matched by $1 of nonstate new text end 11.8 new text begin money for each $1 of state money. The new text end 11.9 new text begin match may be cash or in-kind. new text end 11.10 new text begin $2,800,000 the first year and $2,696,000 new text end 11.11 new text begin the second year are from the minerals new text end 11.12 new text begin management account in the natural resources new text end 11.13 new text begin fund for use as provided in Minnesota new text end 11.14 new text begin Statutes, section 93.2236, paragraph (c). new text end 11.15 new text begin $200,000 the first year and $200,000 the new text end 11.16 new text begin second year are from the state forest suspense new text end 11.17 new text begin account in the permanent school fund to new text end 11.18 new text begin accelerate land exchanges, land sales, and new text end 11.19 new text begin commercial leasing of school trust lands and new text end 11.20 new text begin to identify, evaluate, and lease construction new text end 11.21 new text begin aggregate located on school trust lands. This new text end 11.22 new text begin appropriation is to be used for securing new text end 11.23 new text begin maximum long-term economic return new text end 11.24 new text begin from the school trust lands consistent with new text end 11.25 new text begin fiduciary responsibilities and sound natural new text end 11.26 new text begin resources conservation and management new text end 11.27 new text begin principles. new text end 11.28 new text begin $15,000 the first year is for a report new text end 11.29 new text begin by February 1, 2008, to the house and new text end 11.30 new text begin senate committees with jurisdiction over new text end 11.31 new text begin environment and natural resources on new text end 11.32 new text begin proposed minimum legal and conservation new text end 11.33 new text begin standards that could be applied to new text end 11.34 new text begin conservation easements acquired with public new text end 11.35 new text begin money. new text end 12.1 new text begin $1,201,000 the first year and $701,000 the new text end 12.2 new text begin second year are to support the land records new text end 12.3 new text begin management system. Of this amount, new text end 12.4 new text begin $326,000 the first year and $326,000 the new text end 12.5 new text begin second year are from the game and fish fund new text end 12.6 new text begin and $375,000 the first year and $375,000 the new text end 12.7 new text begin second year are from the natural resources new text end 12.8 new text begin fund. The commissioner must report to new text end 12.9 new text begin the legislative chairs on environmental new text end 12.10 new text begin finance on the outcomes of the land records new text end 12.11 new text begin management support. new text end 12.12 new text begin $500,000 the first year and $500,000 the new text end 12.13 new text begin second year are for land asset management. new text end 12.14 new text begin This is a onetime appropriation. new text end 12.15 new text begin Subd. 3. new text end new text begin Water Resources Management new text end new text begin 15,051,000 new text end new text begin 12,522,000 new text end 12.16 new text begin Appropriations by Fund new text end 12.17 new text begin General new text end new text begin 14,771,000 new text end new text begin 12,242,000 new text end 12.18 new text begin Natural Resources new text end new text begin 280,000 new text end new text begin 280,000 new text end 12.19 new text begin $310,000 the first year and $310,000 the new text end 12.20 new text begin second year are for grants associated with the new text end 12.21 new text begin implementation of the Red River mediation new text end 12.22 new text begin agreement. new text end 12.23 new text begin $65,000 the first year and $65,000 the new text end 12.24 new text begin second year are for a grant to the Mississippi new text end 12.25 new text begin Headwaters Board for up to 50 percent of new text end 12.26 new text begin the cost of implementing the comprehensive new text end 12.27 new text begin plan for the upper Mississippi within areas new text end 12.28 new text begin under its jurisdiction. new text end 12.29 new text begin $5,000 the first year and $5,000 the second new text end 12.30 new text begin year are for payment to the Leech Lake Band new text end 12.31 new text begin of Chippewa Indians to implement its portion new text end 12.32 new text begin of the comprehensive plan for the upper new text end 12.33 new text begin Mississippi. new text end 12.34 new text begin $200,000 the first year and $200,000 the new text end 12.35 new text begin second year are for the construction of ring new text end 12.36 new text begin dikes under Minnesota Statutes, section new text end 13.1 new text begin . The ring dikes may be publicly new text end 13.2 new text begin or privately owned. If the appropriation in new text end 13.3 new text begin either year is insufficient, the appropriation new text end 13.4 new text begin in the other year is available for it. The base new text end 13.5 new text begin appropriation for fiscal year 2010 and later new text end 13.6 new text begin is $125,000. new text end 13.7 new text begin $2,250,000 the first year is to support the new text end 13.8 new text begin identification of impaired waters and develop new text end 13.9 new text begin plans to address those impairments, as new text end 13.10 new text begin required by the federal Clean Water Act, in new text end 13.11 new text begin accordance with Minnesota Statutes, chapter new text end 13.12 new text begin 114D. This is a onetime appropriation. new text end 13.13 new text begin By January 15, 2008, the commissioner shall new text end 13.14 new text begin commence rulemaking under Minnesota new text end 13.15 new text begin Statutes, chapter 14, to update the minimum new text end 13.16 new text begin shoreland standards in Minnesota Rules, new text end 13.17 new text begin chapter 6120. new text end 13.18 new text begin $60,000 the first year is a onetime new text end 13.19 new text begin appropriation to the commissioner of natural new text end 13.20 new text begin resources to conduct a feasibility study new text end 13.21 new text begin in conjunction with U.S. Army Corps of new text end 13.22 new text begin Engineers on the foundation and hydraulics new text end 13.23 new text begin of the Rapidan Dam in Blue Earth County. new text end 13.24 new text begin This appropriation must be equally matched new text end 13.25 new text begin by Blue Earth County, and is available until new text end 13.26 new text begin expended. new text end 13.27 new text begin $500,000 in fiscal year 2008 is for addressing new text end 13.28 new text begin surface and groundwater issues related to new text end 13.29 new text begin the development and expansion of ethanol new text end 13.30 new text begin production. new text end 13.31 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 44,495,000 new text end new text begin 43,393,000 new text end 13.32 new text begin Appropriations by Fund new text end 13.33 new text begin General new text end new text begin 24,755,000 new text end new text begin 24,836,000 new text end 13.34 new text begin Natural Resources new text end new text begin 19,483,000 new text end new text begin 18,293,000 new text end 13.35 new text begin Game and Fish new text end new text begin 257,000 new text end new text begin 264,000 new text end 14.1 new text begin $7,217,000 the first year and $7,217,000 new text end 14.2 new text begin the second year are for prevention, new text end 14.3 new text begin presuppression, and suppression costs of new text end 14.4 new text begin emergency firefighting and other costs new text end 14.5 new text begin incurred under Minnesota Statutes, section new text end 14.6 new text begin 88.12. If the appropriation for either new text end 14.7 new text begin year is insufficient to cover all costs of new text end 14.8 new text begin presuppression and suppression, the amount new text end 14.9 new text begin necessary to pay for these costs during the new text end 14.10 new text begin biennium is appropriated from the general new text end 14.11 new text begin fund. new text end 14.12 new text begin By November 15 of each year, the new text end 14.13 new text begin commissioner of natural resources shall new text end 14.14 new text begin submit a report to the chairs of the house new text end 14.15 new text begin and senate committees and divisions having new text end 14.16 new text begin jurisdiction over environment and natural new text end 14.17 new text begin resources finance, identifying all firefighting new text end 14.18 new text begin costs incurred and reimbursements received new text end 14.19 new text begin in the prior fiscal year. These appropriations new text end 14.20 new text begin may not be transferred. Any reimbursement new text end 14.21 new text begin of firefighting expenditures made to the new text end 14.22 new text begin commissioner from any source other than new text end 14.23 new text begin federal mobilizations shall be deposited into new text end 14.24 new text begin the general fund. new text end 14.25 new text begin $17,983,000 the first year and $18,293,000 new text end 14.26 new text begin the second year are from the forest new text end 14.27 new text begin management investment account in the new text end 14.28 new text begin natural resources fund for only the purposes new text end 14.29 new text begin specified in Minnesota Statutes, section new text end 14.30 new text begin , subdivision 2. new text end 14.31 new text begin Of this amount: new text end 14.32 new text begin (1) $750,000 each year is for additional staff new text end 14.33 new text begin to enhance timber sales; new text end 14.34 new text begin (2) $1,000,000 each year is for forest new text end 14.35 new text begin improvements; new text end 15.1 new text begin (3) $1,100,000 each year is for forest road new text end 15.2 new text begin maintenance; new text end 15.3 new text begin (4) $600,000 each year is for the ecological new text end 15.4 new text begin classification system on state forest lands; new text end 15.5 new text begin (5) $350,000 each year is for the prevention new text end 15.6 new text begin of invasive species on state forest lands; and new text end 15.7 new text begin (6) $400,000 each year is for the re-inventory new text end 15.8 new text begin of state forest lands. new text end 15.9 new text begin Money for forest road maintenance is new text end 15.10 new text begin onetime. new text end 15.11 new text begin $780,000 the first year and $780,000 the new text end 15.12 new text begin second year are for the Forest Resources new text end 15.13 new text begin Council for implementation of the new text end 15.14 new text begin Sustainable Forest Resources Act. new text end 15.15 new text begin $40,000 the first year is for the Forest new text end 15.16 new text begin Resources Council to provide a grant to new text end 15.17 new text begin the University of Minnesota to prepare a new text end 15.18 new text begin statewide plan to address the fragmentation new text end 15.19 new text begin and parcelization of large blocks of forest new text end 15.20 new text begin land in the state. new text end 15.21 new text begin $200,000 in fiscal year 2008 is for a grant new text end 15.22 new text begin to the Forest Resources Research Advisory new text end 15.23 new text begin Committee to provide direction on research new text end 15.24 new text begin topics recommended by the governor's task new text end 15.25 new text begin force on the competitiveness of Minnesota's new text end 15.26 new text begin primary forest products industry. new text end 15.27 new text begin $350,000 the first year and $350,000 the new text end 15.28 new text begin second year are for the FORIST timber new text end 15.29 new text begin management information system, other new text end 15.30 new text begin information systems, and for increased new text end 15.31 new text begin forestry management. The amount in the new text end 15.32 new text begin second year is also available in the first year. new text end 15.33 new text begin $257,000 the first year and $264,000 the new text end 15.34 new text begin second year are from the game and fish new text end 15.35 new text begin fund to implement ecological classification new text end 15.36 new text begin systems (ECS) standards on forested new text end 16.1 new text begin landscapes. This appropriation is from new text end 16.2 new text begin revenue deposited in the game and fish fund new text end 16.3 new text begin under Minnesota Statutes, section 297A.94, new text end 16.4 new text begin paragraph (e), clause (1). new text end 16.5 new text begin $110,000 the first year is to develop and new text end 16.6 new text begin implement a statewide information and new text end 16.7 new text begin education campaign regarding the statewide new text end 16.8 new text begin ban on the transport, storage, or use of new text end 16.9 new text begin nonapproved firewood on state-administered new text end 16.10 new text begin lands. new text end 16.11 new text begin $1,500,000 the first year is from the forest new text end 16.12 new text begin management investment account in the new text end 16.13 new text begin natural resources fund for the purposes of new text end 16.14 new text begin section 157. This is a onetime appropriation. new text end 16.15 new text begin $75,000 the first year is to the Forest new text end 16.16 new text begin Resources Council for a task force on new text end 16.17 new text begin forest protection and $75,000 the second new text end 16.18 new text begin year is appropriated to the commissioner new text end 16.19 new text begin for grants to cities, counties, townships, new text end 16.20 new text begin special recreation areas, and park and new text end 16.21 new text begin recreation boards in cities of the first class new text end 16.22 new text begin for the identification, removal, disposal, and new text end 16.23 new text begin replacement of dead or dying shade trees new text end 16.24 new text begin lost to forest pests or disease. For purposes new text end 16.25 new text begin of this section, "shade tree" means a woody new text end 16.26 new text begin perennial grown primarily for aesthetic or new text end 16.27 new text begin environmental purposes with minimal to new text end 16.28 new text begin residual timber value. The commissioner new text end 16.29 new text begin shall consult with municipalities; park and new text end 16.30 new text begin recreation boards in cities of the first class; new text end 16.31 new text begin nonprofit organizations; and other interested new text end 16.32 new text begin parties in developing eligibility criteria. new text end 16.33 new text begin $200,000 in fiscal year 2008 is for a grant new text end 16.34 new text begin to the Natural Resources Research Institute new text end 16.35 new text begin for silvicultural research to improve the new text end 16.36 new text begin quality and quantity of timber fiber. The new text end 17.1 new text begin appropriation must be matched in the amount new text end 17.2 new text begin of $200,000 in cash or in-kind contributions new text end 17.3 new text begin from the forest products industry members of new text end 17.4 new text begin the Minnesota Forest Productivity Research new text end 17.5 new text begin Cooperative. new text end 17.6 new text begin $1,000,000 the first year and $1,000,000 new text end 17.7 new text begin the second year are to support additional new text end 17.8 new text begin technical and cost-share assistance to new text end 17.9 new text begin nonindustrial private forest (NIPF) new text end 17.10 new text begin landowners. The base appropriation in fiscal new text end 17.11 new text begin year 2010 and later is $500,000. new text end 17.12 new text begin $200,000 the first year and $200,000 the new text end 17.13 new text begin second year are to address escalating new text end 17.14 new text begin land asset management demands, such as new text end 17.15 new text begin boundary disputes, access easements, and new text end 17.16 new text begin sale, exchange, and acquisition of forest new text end 17.17 new text begin lands. new text end 17.18 new text begin Subd. 5. new text end new text begin Parks and Recreation Management new text end new text begin 35,324,000 new text end new text begin 36,319,000 new text end 17.19 new text begin Appropriations by Fund new text end 17.20 new text begin General new text end new text begin 20,743,000 new text end new text begin 21,283,000 new text end 17.21 new text begin Natural Resources new text end new text begin 14,581,000 new text end new text begin 15,036,000 new text end 17.22 new text begin $640,000 the first year and $640,000 the new text end 17.23 new text begin second year are from the water recreation new text end 17.24 new text begin account in the natural resources fund for state new text end 17.25 new text begin park water access projects. new text end 17.26 new text begin $150,000 in the first year and $150,000 in the new text end 17.27 new text begin second year are for additional interpretative new text end 17.28 new text begin services. new text end 17.29 new text begin $3,996,000 the first year and $3,996,000 the new text end 17.30 new text begin second year are from the natural resources new text end 17.31 new text begin fund for state park and recreation area new text end 17.32 new text begin operations. This appropriation is from the new text end 17.33 new text begin revenue deposited in the natural resources new text end 17.34 new text begin fund under Minnesota Statutes, section new text end 17.35 new text begin 297A.94, paragraph (e), clause (2). new text end 18.1 new text begin $10,000 in the first year is for payment new text end 18.2 new text begin of expenses of the Cuyuna Country State new text end 18.3 new text begin Recreation Area Citizens Advisory Council. new text end 18.4 new text begin The appropriation in Laws 2003, chapter new text end 18.5 new text begin 128, article 1, section 5, subdivision 6, from new text end 18.6 new text begin the water recreation account in the natural new text end 18.7 new text begin resources fund for a cooperative project with new text end 18.8 new text begin the United States Army Corps of Engineers new text end 18.9 new text begin to develop the Mississippi Whitewater Park new text end 18.10 new text begin is available until June 30, 2009. The project new text end 18.11 new text begin must be designed to prevent the spread of new text end 18.12 new text begin aquatic invasive species. new text end 18.13 new text begin $500,000 the first year and $750,000 the new text end 18.14 new text begin second year are from the natural resources new text end 18.15 new text begin fund for increased park maintenance new text end 18.16 new text begin work, resource management projects, and new text end 18.17 new text begin conservation education for park users. new text end 18.18 new text begin Subd. 6. new text end new text begin Trails and Waterways Management new text end new text begin 30,257,000 new text end new text begin 30,492,000 new text end 18.19 new text begin Appropriations by Fund new text end 18.20 new text begin General new text end new text begin 2,538,000 new text end new text begin 2,568,000 new text end 18.21 new text begin Natural Resources new text end new text begin 25,600,000 new text end new text begin 25,730,000 new text end 18.22 new text begin Game and Fish new text end new text begin 2,119,000 new text end new text begin 2,194,000 new text end 18.23 new text begin $8,424,000 the first year and $8,424,000 new text end 18.24 new text begin the second year are from the snowmobile new text end 18.25 new text begin trails and enforcement account in the natural new text end 18.26 new text begin resources fund for snowmobile grants-in-aid. new text end 18.27 new text begin The additional money under this item may new text end 18.28 new text begin be used for new grant-in-aid trails. Any new text end 18.29 new text begin unencumbered balance does not cancel at the new text end 18.30 new text begin end of the first year and is available for the new text end 18.31 new text begin second year. new text end 18.32 new text begin $1,175,000 the first year and $1,325,000 the new text end 18.33 new text begin second year are from the natural resources new text end 18.34 new text begin fund for off-highway vehicle grants-in-aid. new text end 18.35 new text begin Of this amount, $825,000 the first year and new text end 18.36 new text begin $1,075,000 the second year are from the new text end 19.1 new text begin all-terrain vehicle account; $150,000 each new text end 19.2 new text begin year is from the off-highway motorcycle new text end 19.3 new text begin account; and $200,000 the first year and new text end 19.4 new text begin $100,000 the second year are from the new text end 19.5 new text begin off-road vehicle account. Any unencumbered new text end 19.6 new text begin balance does not cancel at the end of the first new text end 19.7 new text begin year and is available for the second year. new text end 19.8 new text begin $261,000 the first year and $261,000 the new text end 19.9 new text begin second year are from the water recreation new text end 19.10 new text begin account in the natural resources fund for a new text end 19.11 new text begin safe harbor program on Lake Superior. new text end 19.12 new text begin $742,000 the first year and $760,000 new text end 19.13 new text begin the second year are from the natural new text end 19.14 new text begin resources fund for state trail operations new text end 19.15 new text begin and maintenance. The money may be used new text end 19.16 new text begin for trail maintenance, signage, mapping, new text end 19.17 new text begin interpretation, native prairie restoration new text end 19.18 new text begin using best management practices, and new text end 19.19 new text begin maintenance of nonmotorized forest trails. new text end 19.20 new text begin This appropriation is from the revenue new text end 19.21 new text begin deposited in the natural resources fund new text end 19.22 new text begin under Minnesota Statutes, section 297A.94, new text end 19.23 new text begin paragraph (e), clause (2). new text end 19.24 new text begin $655,000 the first year and $655,000 the new text end 19.25 new text begin second year are from the natural resources new text end 19.26 new text begin fund for trail grants to local units of new text end 19.27 new text begin government on land to be maintained for new text end 19.28 new text begin at least 20 years for the purposes of the new text end 19.29 new text begin grant. This appropriation is from the revenue new text end 19.30 new text begin deposited in the natural resources fund new text end 19.31 new text begin under Minnesota Statutes, section 297A.94, new text end 19.32 new text begin paragraph (e), clause (4). new text end 19.33 new text begin $150,000 the first year and $150,000 the new text end 19.34 new text begin second year are from the all-terrain vehicle new text end 19.35 new text begin account for two all-terrain vehicle trail new text end 19.36 new text begin specialists to assist and consult with on new text end 20.1 new text begin all-terrain vehicle grant-in-aid education and new text end 20.2 new text begin training for sustainable trail development and new text end 20.3 new text begin maintenance, as well as providing training new text end 20.4 new text begin for public and private sector trail monitoring. new text end 20.5 new text begin The specialists may assist in the evaluation new text end 20.6 new text begin of grant-in-aid trail proposals, but not in the new text end 20.7 new text begin promotion of new trails. new text end 20.8 new text begin $1,965,000 the first year and $2,040,000 new text end 20.9 new text begin the second year are from the game and fish new text end 20.10 new text begin fund for expenditures on water access sites new text end 20.11 new text begin according to the requirements of the federal new text end 20.12 new text begin sport and fish restoration program. new text end 20.13 new text begin Money appropriated under Laws 2005, First new text end 20.14 new text begin Special Session chapter 1, article 2, section new text end 20.15 new text begin 11, subdivision 6, paragraph (h), for the Paul new text end 20.16 new text begin Bunyan State Trail connection is available new text end 20.17 new text begin until June 30, 2008. new text end 20.18 new text begin $400,000 each year is for operation and new text end 20.19 new text begin maintenance of nonmotorized trails within new text end 20.20 new text begin state forests. This is a onetime appropriation. new text end 20.21 new text begin $75,000 each year is for additional wild and new text end 20.22 new text begin scenic rivers program activities. new text end 20.23 new text begin $120,000 the first year is from the new text end 20.24 new text begin water recreation account in the natural new text end 20.25 new text begin resources fund to cooperate with local new text end 20.26 new text begin units of government in marking routes and new text end 20.27 new text begin designating river accesses and campsites new text end 20.28 new text begin under Minnesota Statutes, section 85.32. new text end 20.29 new text begin This is a onetime appropriation and available new text end 20.30 new text begin until spent. new text end 20.31 new text begin The appropriation in Laws 2005, First new text end 20.32 new text begin Special Session chapter 1, article 2, section new text end 20.33 new text begin 3, subdivision 6, from the lottery in lieu new text end 20.34 new text begin account in the natural resources fund for new text end 20.35 new text begin trail grants to local units of government, is new text end 20.36 new text begin available until June 30, 2009. new text end 21.1 new text begin Subd. 7. new text end new text begin Fish and Wildlife Management new text end new text begin 67,191,000 new text end new text begin 68,533,000 new text end 21.2 new text begin Appropriations by Fund new text end 21.3 new text begin General new text end new text begin 3,459,000 new text end new text begin 3,479,000 new text end 21.4 new text begin Natural Resources new text end new text begin 1,876,000 new text end new text begin 1,876,000 new text end 21.5 new text begin Game and Fish new text end new text begin 61,856,000 new text end new text begin 63,178,000 new text end 21.6 new text begin $410,000 the first year and $418,000 the new text end 21.7 new text begin second year are for resource population new text end 21.8 new text begin surveys in the 1837 treaty area. Of this new text end 21.9 new text begin amount, $274,000 the first year and $288,000 new text end 21.10 new text begin the second year are from the game and fish new text end 21.11 new text begin fund. new text end 21.12 new text begin $1,790,000 the first year and $1,790,000 the new text end 21.13 new text begin second year are from the wildlife acquisition new text end 21.14 new text begin surcharge account for only the purposes of new text end 21.15 new text begin land costs as specified in Minnesota Statutes, new text end 21.16 new text begin section new text end new text begin , subdivision 2a. This new text end 21.17 new text begin appropriation is available until spent. new text end 21.18 new text begin $8,061,000 the first year and $8,167,000 new text end 21.19 new text begin the second year are from the heritage new text end 21.20 new text begin enhancement account in the game and new text end 21.21 new text begin fish fund only for activities that improve, new text end 21.22 new text begin enhance, or protect fish and wildlife new text end 21.23 new text begin resources as specified in Minnesota Statutes, new text end 21.24 new text begin section new text end new text begin , paragraph (e), clause (1). new text end 21.25 new text begin Notwithstanding Minnesota Statutes, section new text end 21.26 new text begin , money under this paragraph may new text end 21.27 new text begin be used for expanding hunter and angler new text end 21.28 new text begin recruitment and retention and public land new text end 21.29 new text begin user facilities. Of this amount, $1,175,000 new text end 21.30 new text begin each year is for preserving, restoring, and new text end 21.31 new text begin enhancing grassland/wetland complexes. new text end 21.32 new text begin Notwithstanding Minnesota Statutes, section new text end 21.33 new text begin , $13,000 the first year and $13,000 new text end 21.34 new text begin the second year from the critical habitat new text end 21.35 new text begin private sector matching account may be used new text end 22.1 new text begin to publicize the critical habitat license plate new text end 22.2 new text begin match program. new text end 22.3 new text begin $830,000 the first year and $830,000 the new text end 22.4 new text begin second year are from the trout and salmon new text end 22.5 new text begin management account for only the purposes new text end 22.6 new text begin specified in Minnesota Statutes, section new text end 22.7 new text begin , subdivision 3. new text end 22.8 new text begin $1,353,000 the first year and $1,353,000 new text end 22.9 new text begin the second year are from the deer habitat new text end 22.10 new text begin improvement account for only the purposes new text end 22.11 new text begin specified in Minnesota Statutes, section new text end 22.12 new text begin , subdivision 1, paragraph (b). new text end 22.13 new text begin $715,000 the first year and $715,000 the new text end 22.14 new text begin second year are from the deer and bear new text end 22.15 new text begin management account for only the purposes new text end 22.16 new text begin specified in Minnesota Statutes, section new text end 22.17 new text begin , subdivision 1, paragraph (c). new text end 22.18 new text begin $700,000 the first year and $700,000 the new text end 22.19 new text begin second year are from the waterfowl habitat new text end 22.20 new text begin improvement account for only the purposes new text end 22.21 new text begin specified in Minnesota Statutes, section new text end 22.22 new text begin , subdivision 2. new text end 22.23 new text begin $875,000 the first year and $875,000 the new text end 22.24 new text begin second year are from the pheasant habitat new text end 22.25 new text begin improvement account for only the purposes new text end 22.26 new text begin specified in Minnesota Statutes, section new text end 22.27 new text begin , subdivision 4. new text end 22.28 new text begin $172,000 the first year and $172,000 the new text end 22.29 new text begin second year are from the wild turkey new text end 22.30 new text begin management account for only the purposes new text end 22.31 new text begin specified in Minnesota Statutes, section new text end 22.32 new text begin , subdivision 5. Of this amount, new text end 22.33 new text begin $8,000 the first year and $8,000 the second new text end 22.34 new text begin year are appropriated from the game and new text end 22.35 new text begin fish fund for transfer to the wild turkey new text end 22.36 new text begin management account for purposes specified new text end 23.1 new text begin in Minnesota Statutes, section new text end new text begin 97A.075, new text end 23.2 new text begin subdivision 5 new text end new text begin . new text end 23.3 new text begin $108,000 the first year and $108,000 the new text end 23.4 new text begin second year are from the game and fish new text end 23.5 new text begin fund for costs associated with administering new text end 23.6 new text begin fishing contest permits. new text end 23.7 new text begin $186,000 the first year and $132,000 the new text end 23.8 new text begin second year are to accelerate wildlife new text end 23.9 new text begin health programs. $54,000 in the first new text end 23.10 new text begin year is for fencing cattle-feeding areas in new text end 23.11 new text begin bovine tuberculosis control zones, under the new text end 23.12 new text begin emergency deterrent materials assistance new text end 23.13 new text begin program in Minnesota Statutes, section new text end 23.14 new text begin 97A.028, subdivision 3. This appropriation new text end 23.15 new text begin is available until June 30, 2009. $61,000 of new text end 23.16 new text begin this amount is permanent. new text end 23.17 new text begin $575,000 the first year and $575,000 the new text end 23.18 new text begin second year are for preserving, restoring, and new text end 23.19 new text begin enhancing grassland/wetland complexes on new text end 23.20 new text begin public or private lands. new text end 23.21 new text begin The commissioner must report to the new text end 23.22 new text begin legislative chairs on environmental finance new text end 23.23 new text begin for money appropriated in this subdivision on new text end 23.24 new text begin grassland/wetland complexes with specific new text end 23.25 new text begin outcomes, including acres of wetlands and new text end 23.26 new text begin prairie grasses and forbs of a local ecotype new text end 23.27 new text begin preserved, restored, and enhanced during the new text end 23.28 new text begin 2008-2009 biennium. new text end 23.29 new text begin $150,000 the first year and $150,000 the new text end 23.30 new text begin second year are from the game and fish fund new text end 23.31 new text begin for the roadsides for wildlife program. new text end 23.32 new text begin $175,000 in the first year and $175,000 in the new text end 23.33 new text begin second year are for grants to Let's Go Fishing new text end 23.34 new text begin of Minnesota to promote opportunities for new text end 23.35 new text begin fishing. The grants must be matched with new text end 23.36 new text begin cash or in-kind contributions from nonstate new text end 24.1 new text begin sources. It is a condition of acceptance of new text end 24.2 new text begin this appropriation that Let's Go Fishing of new text end 24.3 new text begin Minnesota must submit a work program new text end 24.4 new text begin and annual progress reports in the form and new text end 24.5 new text begin manner determined by the commissioner of new text end 24.6 new text begin natural resources to the Budgetary Oversight new text end 24.7 new text begin Committee. The work program must identify new text end 24.8 new text begin capital expenditures and leases over $2,000 new text end 24.9 new text begin and annual reports must describe the use new text end 24.10 new text begin of that capital equipment throughout its new text end 24.11 new text begin useful life. None of the money provided new text end 24.12 new text begin may be spent unless the commissioner new text end 24.13 new text begin has approved the work program. This is a new text end 24.14 new text begin onetime appropriation. new text end 24.15 new text begin $90,000 each year from the game and fish new text end 24.16 new text begin fund is to staff the Budgetary Oversight new text end 24.17 new text begin Committee. new text end 24.18 new text begin By November 15, 2008, the commissioner, new text end 24.19 new text begin in consultation with the Budgetary Oversight new text end 24.20 new text begin Committee, established in Minnesota new text end 24.21 new text begin Statutes, section 97A.055, subdivision 4b, new text end 24.22 new text begin paragraph (c), shall report to the house of new text end 24.23 new text begin representatives and senate policy and finance new text end 24.24 new text begin committees and divisions with jurisdiction new text end 24.25 new text begin over natural resources on game and fish fund new text end 24.26 new text begin receipt and expenditure imbalances between new text end 24.27 new text begin hunting-related and fishing-related activities. new text end 24.28 new text begin The report shall include, but is not limited to: new text end 24.29 new text begin (1) a table showing the allocation of game new text end 24.30 new text begin and fish fund receipts and expenditures new text end 24.31 new text begin related to fishing and hunting activities for new text end 24.32 new text begin fiscal years 1989 to 2007 and projected new text end 24.33 new text begin receipts and expenditures for fiscal years new text end 24.34 new text begin 2008 and 2009; new text end 24.35 new text begin (2) recommendations for short-term changes new text end 24.36 new text begin to correct any imbalances; and new text end 25.1 new text begin (3) recommendations for long-term new text end 25.2 new text begin changes that will ensure that fishing license new text end 25.3 new text begin revenue is adequate to cover fishing-related new text end 25.4 new text begin expenditures and hunting license revenue new text end 25.5 new text begin is adequate to cover hunting-related new text end 25.6 new text begin expenditures. new text end 25.7 new text begin Notwithstanding Minnesota Statutes, section new text end 25.8 new text begin , the appropriations encumbered new text end 25.9 new text begin under contract on or before June 30, 2009, for new text end 25.10 new text begin aquatic restoration grants and wildlife habitat new text end 25.11 new text begin grants are available until June 30, 2010. new text end 25.12 new text begin The commissioner of finance shall transfer new text end 25.13 new text begin $160,000 in fiscal year 2008 to the special new text end 25.14 new text begin revenue fund for the account under Minnesota new text end 25.15 new text begin Statutes, section 97A.065, subdivision 6. new text end 25.16 new text begin Subd. 8. new text end new text begin Ecological Services new text end new text begin 16,175,000 new text end new text begin 14,476,000 new text end 25.17 new text begin Appropriations by Fund new text end 25.18 new text begin General new text end new text begin 8,597,000 new text end new text begin 6,531,000 new text end 25.19 new text begin Natural Resources new text end new text begin 3,696,000 new text end new text begin 3,994,000 new text end 25.20 new text begin Game and Fish new text end new text begin 3,882,000 new text end new text begin 3,951,000 new text end 25.21 new text begin $1,194,000 the first year and $1,227,000 the new text end 25.22 new text begin second year are from the nongame wildlife new text end 25.23 new text begin management account in the natural resources new text end 25.24 new text begin fund for the purpose of nongame wildlife new text end 25.25 new text begin management. new text end 25.26 new text begin Notwithstanding Minnesota Statutes, new text end 25.27 new text begin section new text end new text begin , $100,000 the first year new text end 25.28 new text begin and $100,000 the second year may be used new text end 25.29 new text begin for nongame information, education, and new text end 25.30 new text begin promotion. new text end 25.31 new text begin $1,612,000 the first year and $1,636,000 new text end 25.32 new text begin the second year are from the heritage new text end 25.33 new text begin enhancement account in the game and new text end 25.34 new text begin fish fund for only the purposes specified new text end 25.35 new text begin in Minnesota Statutes, section 297A.94, new text end 25.36 new text begin paragraph (e), clause (1). new text end 26.1 new text begin The commissioner must report to the new text end 26.2 new text begin legislative chairs on environmental finance new text end 26.3 new text begin for money appropriated in this subdivision on new text end 26.4 new text begin grassland/wetland complexes with specific new text end 26.5 new text begin outcomes, including acres of wetlands and new text end 26.6 new text begin prairie grasses and forbs of a local ecotype new text end 26.7 new text begin preserved, restored, and enhanced during the new text end 26.8 new text begin 2008-2009 biennium. new text end 26.9 new text begin $2,938,000 in the first year and $4,385,000 new text end 26.10 new text begin in the second year, of which $1,968,000 the new text end 26.11 new text begin first year and $2,195,000 the second year new text end 26.12 new text begin are from the invasive species account in the new text end 26.13 new text begin natural resources fund for law enforcement new text end 26.14 new text begin and water access inspection to prevent the new text end 26.15 new text begin spread of invasive species, grants to manage new text end 26.16 new text begin invasive plants in public waters, technical new text end 26.17 new text begin assistance to grant applicants for improving new text end 26.18 new text begin lake quality, and management of terrestrial new text end 26.19 new text begin invasive species on state-administered lands. new text end 26.20 new text begin Priority shall be given to preventing the new text end 26.21 new text begin spread of aquatic invertebrates, including, new text end 26.22 new text begin but not limited to, zebra mussels, spiny new text end 26.23 new text begin waterflea, and round goby. An applicant new text end 26.24 new text begin for a grant to manage invasive plants in new text end 26.25 new text begin public waters must have a workable plan for new text end 26.26 new text begin improving water quality and reducing the new text end 26.27 new text begin need for additional treatment. Grants may new text end 26.28 new text begin not be made for chemicals that are likely new text end 26.29 new text begin endocrine disruptors. A plan to prevent the new text end 26.30 new text begin introduction of asian carp into Minnesota new text end 26.31 new text begin waters must be made available to the public new text end 26.32 new text begin by November 1, 2007. new text end 26.33 new text begin $125,000 the first year is to support a new text end 26.34 new text begin technical advisory committee and for land new text end 26.35 new text begin management units that manage grass lands new text end 26.36 new text begin in order to develop plans to optimize new text end 27.1 new text begin native prairie seed harvest and replanting new text end 27.2 new text begin on state-owned lands. The work must new text end 27.3 new text begin use best management practices with an new text end 27.4 new text begin outcome of ensuring the survival of the new text end 27.5 new text begin native prairie remaining in Minnesota and to new text end 27.6 new text begin estimate the value of the seeds. Maximizing new text end 27.7 new text begin seed harvest may include allowing seed new text end 27.8 new text begin producers to keep a portion of the seed as new text end 27.9 new text begin compensation for supplying equipment and new text end 27.10 new text begin labor. The Department of Natural Resources new text end 27.11 new text begin in cooperation with the Department of new text end 27.12 new text begin Agriculture and the Board of Water and new text end 27.13 new text begin Soil Resources shall establish the technical new text end 27.14 new text begin advisory committee which has the expertise new text end 27.15 new text begin to develop (1) criteria to identify public new text end 27.16 new text begin and private marginal lands which could be new text end 27.17 new text begin used to produce native prairie seeds of a new text end 27.18 new text begin local eco-type or restore native prairies that new text end 27.19 new text begin could be used to produce clean energy, (2) new text end 27.20 new text begin guidelines for production that ensure high new text end 27.21 new text begin carbon sequestration, protection of wildlife new text end 27.22 new text begin and waters, and minimization of inputs and new text end 27.23 new text begin that do not compromise the survival of the new text end 27.24 new text begin native prairie remaining in Minnesota, and new text end 27.25 new text begin (3) recommendations for incentives that will new text end 27.26 new text begin result in the production of native prairie seeds new text end 27.27 new text begin of a local eco-type or restore native prairies. new text end 27.28 new text begin In addition to agency members, the advisory new text end 27.29 new text begin committee shall have one member from new text end 27.30 new text begin each of two statewide farm organizations, new text end 27.31 new text begin one member from a statewide sustainable new text end 27.32 new text begin farmer organization, one member each from new text end 27.33 new text begin three statewide rural economic development new text end 27.34 new text begin organizations, one member each from three new text end 27.35 new text begin statewide environmental organizations, and new text end 27.36 new text begin one member each from three statewide new text end 28.1 new text begin wildlife or conservation organizations. new text end 28.2 new text begin No person registered as a lobbyist under new text end 28.3 new text begin Minnesota Statutes, section 10A.03, may new text end 28.4 new text begin serve on the technical advisory committee. new text end 28.5 new text begin The technical committee shall work with the new text end 28.6 new text begin NextGen Energy Board to develop a clean new text end 28.7 new text begin energy program. A report on outcomes from new text end 28.8 new text begin the technical committee is due December new text end 28.9 new text begin 15, 2007, to the legislative finance chairs on new text end 28.10 new text begin environment and natural resources. new text end 28.11 new text begin $50,000 in the first year is for the new text end 28.12 new text begin commissioner, in consultation with the new text end 28.13 new text begin Environmental Quality Board, to report to new text end 28.14 new text begin the house and senate committees having new text end 28.15 new text begin jurisdiction over environmental policy new text end 28.16 new text begin and finance by February 1, 2008, on the new text end 28.17 new text begin Mississippi River critical area program. The new text end 28.18 new text begin report shall include the status of critical new text end 28.19 new text begin area plans, zoning ordinances, the number new text end 28.20 new text begin and types of revisions anticipated, and the new text end 28.21 new text begin nature and number of variances sought. The new text end 28.22 new text begin report shall include recommendations that new text end 28.23 new text begin adequately protect and manage the aesthetic new text end 28.24 new text begin integrity and natural environment of the river new text end 28.25 new text begin corridor. new text end 28.26 new text begin $2,250,000 the first year is to support the new text end 28.27 new text begin identification of impaired waters and develop new text end 28.28 new text begin plans to address those impairments, as new text end 28.29 new text begin required by the federal Clean Water Act, in new text end 28.30 new text begin accordance with Minnesota Statutes, chapter new text end 28.31 new text begin 114D. This is a onetime appropriation. new text end 28.32 new text begin $477,000 the first year and $477,000 the new text end 28.33 new text begin second year are for the reinvest in Minnesota new text end 28.34 new text begin programs of game and fish, critical habitat, new text end 28.35 new text begin and wetlands established under Minnesota new text end 28.36 new text begin Statutes, section new text end new text begin 84.95, subdivision 2 new text end new text begin . new text end 29.1 new text begin $350,000 the first year is for a grant to new text end 29.2 new text begin the International Wolf Center for building new text end 29.3 new text begin renovations. new text end 29.4 new text begin $500,000 the first year is for a grant to the new text end 29.5 new text begin city of Wabasha for programming at the new text end 29.6 new text begin National Bald Eagle Center. new text end 29.7 new text begin $100,000 the first year is for a grant to the new text end 29.8 new text begin Wildlife Rehabilitation Center of Minnesota new text end 29.9 new text begin to retire loans incurred by the center for new text end 29.10 new text begin construction of its facility in the city of new text end 29.11 new text begin Roseville and to complete educational new text end 29.12 new text begin technology infrastructure at the center. new text end 29.13 new text begin $115,000 in the first year and $116,000 in the new text end 29.14 new text begin second year is for the Project Wild program. new text end 29.15 new text begin Of this amount, $35,000 in the first year new text end 29.16 new text begin and $36,000 in the second year are from the new text end 29.17 new text begin natural resources fund, and $40,000 in the new text end 29.18 new text begin first year and $40,000 in the second year are new text end 29.19 new text begin from the game and fish fund. new text end 29.20 new text begin $150,000 each year is from the all-terrain new text end 29.21 new text begin vehicle account in the natural resources fund new text end 29.22 new text begin for developing and maintaining all-terrain new text end 29.23 new text begin vehicle trails and environmental review. new text end 29.24 new text begin Subd. 9. new text end new text begin Enforcement new text end new text begin 30,549,000 new text end new text begin 31,596,000 new text end 29.25 new text begin Appropriations by Fund new text end 29.26 new text begin General new text end new text begin 3,564,000 new text end new text begin 3,648,000 new text end 29.27 new text begin Natural Resources new text end new text begin 7,463,000 new text end new text begin 7,963,000 new text end 29.28 new text begin Game and Fish new text end new text begin 19,422,000 new text end new text begin 19,885,000 new text end 29.29 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 29.30 new text begin Until June 30, 2009, a conservation officer new text end 29.31 new text begin must be stationed at Mississippi Headwaters new text end 29.32 new text begin State Forest to work with local jurisdictions new text end 29.33 new text begin in enforcing state law along the Mississippi new text end 29.34 new text begin River from Lake Itasca downstream to Lake new text end 29.35 new text begin Bemidji and in the Bemidji region. new text end 29.36 new text begin $1,082,000 the first year and $1,082,000 the new text end 29.37 new text begin second year are from the water recreation new text end 30.1 new text begin account in the natural resources fund for new text end 30.2 new text begin grants to counties for boat and water safety. new text end 30.3 new text begin $100,000 the first year and $100,000 the new text end 30.4 new text begin second year are from the remediation fund new text end 30.5 new text begin for solid waste enforcement activities under new text end 30.6 new text begin Minnesota Statutes, section new text end new text begin . new text end 30.7 new text begin $315,000 the first year and $315,000 the new text end 30.8 new text begin second year are from the snowmobile new text end 30.9 new text begin trails and enforcement account in the new text end 30.10 new text begin natural resources fund for grants to local new text end 30.11 new text begin law enforcement agencies for snowmobile new text end 30.12 new text begin enforcement activities. new text end 30.13 new text begin $1,164,000 the first year and $1,164,000 new text end 30.14 new text begin the second year are from the heritage new text end 30.15 new text begin enhancement account in the game and new text end 30.16 new text begin fish fund for only activities that improve, new text end 30.17 new text begin enhance, or protect fish and wildlife resources new text end 30.18 new text begin specified in Minnesota Statutes, section new text end 30.19 new text begin , paragraph (e), clause (1). new text end 30.20 new text begin Overtime must be distributed to conservation new text end 30.21 new text begin officers at historical levels; however, a new text end 30.22 new text begin reasonable reduction or addition may be new text end 30.23 new text begin made to the officer's allocation, if justified, new text end 30.24 new text begin based on an individual officer's workload. If new text end 30.25 new text begin funding for enforcement is reduced because new text end 30.26 new text begin of an unallotment, the overtime bank may be new text end 30.27 new text begin reduced in proportion to reductions made in new text end 30.28 new text begin other areas of the budget. new text end 30.29 new text begin $325,000 the first year and $325,000 new text end 30.30 new text begin the second year are from the natural new text end 30.31 new text begin resources fund for grants to county law new text end 30.32 new text begin enforcement agencies for off-highway new text end 30.33 new text begin vehicle enforcement and public education new text end 30.34 new text begin activities based on off-highway vehicle use new text end 30.35 new text begin in the county. Of this amount, $313,000 each new text end 30.36 new text begin year is from the all-terrain vehicle account; new text end 31.1 new text begin $11,000 each year is from the off-highway new text end 31.2 new text begin motorcycle account; and $1,000 each year new text end 31.3 new text begin is from the off-road vehicle account. The new text end 31.4 new text begin county enforcement agencies may use new text end 31.5 new text begin money received under this appropriation new text end 31.6 new text begin to make grants to other local enforcement new text end 31.7 new text begin agencies within the county that have a high new text end 31.8 new text begin concentration of off-highway vehicle use. Of new text end 31.9 new text begin this appropriation, $25,000 each year is for new text end 31.10 new text begin administration of these grants. new text end 31.11 new text begin $250,000 the first year and $250,000 the new text end 31.12 new text begin second year are from the all-terrain vehicle new text end 31.13 new text begin account for grants to qualifying organizations new text end 31.14 new text begin to assist in safety and environmental new text end 31.15 new text begin education and monitoring trails on public new text end 31.16 new text begin lands under new Minnesota Statutes, new text end 31.17 new text begin section 84.9011. Grants issued under this new text end 31.18 new text begin paragraph: (1) must be issued through a new text end 31.19 new text begin formal agreement with the organization; new text end 31.20 new text begin and (2) must not be used as a substitute for new text end 31.21 new text begin traditional spending by the organization. By new text end 31.22 new text begin December 15, each year, an organization new text end 31.23 new text begin receiving a grant under this paragraph shall new text end 31.24 new text begin report to the commissioner with details new text end 31.25 new text begin on expenditures from the grant. Of this new text end 31.26 new text begin appropriation, $25,000 each year is for new text end 31.27 new text begin administration of these grants. new text end 31.28 new text begin The commissioner must publicize new text end 31.29 new text begin opportunities for conservation officer new text end 31.30 new text begin employment and recruit, when possible, new text end 31.31 new text begin conservation officer candidates from the new text end 31.32 new text begin biological sciences departments at colleges new text end 31.33 new text begin and universities. new text end 31.34 new text begin Subd. 10. new text end new text begin Operations Support new text end new text begin 4,288,000 new text end new text begin 3,813,000 new text end 31.35 new text begin Appropriations by Fund new text end 31.36 new text begin General new text end new text begin 2,715,000 new text end new text begin 2,249,000 new text end 32.1 new text begin Natural Resources new text end new text begin 484,000 new text end new text begin 484,000 new text end 32.2 new text begin Game and Fish new text end new text begin 1,089,000 new text end new text begin 1,080,000 new text end 32.3 new text begin $38,000 in the first year is from the game and new text end 32.4 new text begin fish fund for the study on the natural stands new text end 32.5 new text begin of wild rice required in this article. new text end 32.6 new text begin $270,000 the first year and $270,000 the new text end 32.7 new text begin second year are from the natural resources new text end 32.8 new text begin fund for grants to be divided equally between new text end 32.9 new text begin the city of St. Paul for the Como Zoo new text end 32.10 new text begin and Conservatory and the city of Duluth new text end 32.11 new text begin for the Duluth Zoo. This appropriation new text end 32.12 new text begin is from the revenue deposited to the fund new text end 32.13 new text begin under Minnesota Statutes, section 297A.94, new text end 32.14 new text begin paragraph (e), clause (5). new text end 32.15 new text begin $55,000 in the first year and $7,000 in the new text end 32.16 new text begin second year are to be transferred to the new text end 32.17 new text begin Environmental Quality Board to fulfill the new text end 32.18 new text begin requirement of Minnesota Statutes, sections new text end 32.19 new text begin 116C.92 and 116C.94. new text end 32.20 new text begin $475,000 the first year is a onetime new text end 32.21 new text begin appropriation for terrestrial and geologic new text end 32.22 new text begin carbon sequestration reports and studies in new text end 32.23 new text begin this article. Of this amount, the commissioner new text end 32.24 new text begin shall make payments of $385,000 to the new text end 32.25 new text begin Board of Regents of the University of new text end 32.26 new text begin Minnesota for the purposes of terrestrial new text end 32.27 new text begin carbon sequestration activities, and $90,000 new text end 32.28 new text begin to the Minnesota Geological Survey for the new text end 32.29 new text begin purposes of geologic carbon sequestration new text end 32.30 new text begin assessment. new text end 32.31 32.32 Sec. 5. new text begin BOARD OF WATER AND SOIL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 32,153,000 new text end new text begin $ new text end new text begin 17,482,000 new text end 32.33 new text begin $4,102,000 the first year and $4,102,000 the new text end 32.34 new text begin second year are for natural resources block new text end 32.35 new text begin grants to local governments. The board may new text end 32.36 new text begin reduce the amount of the natural resources new text end 33.1 new text begin block grant to a county by an amount equal to new text end 33.2 new text begin any reduction in the county's general services new text end 33.3 new text begin allocation to a soil and water conservation new text end 33.4 new text begin district from the county's previous year new text end 33.5 new text begin allocation when the board determines that new text end 33.6 new text begin the reduction was disproportionate. Grants new text end 33.7 new text begin must be matched with a combination of local new text end 33.8 new text begin cash or in-kind contributions. The base grant new text end 33.9 new text begin portion related to water planning must be new text end 33.10 new text begin matched by an amount that would be raised new text end 33.11 new text begin by a levy under Minnesota Statutes, section new text end 33.12 new text begin 103B.3369. new text end 33.13 new text begin $3,566,000 the first year and $3,566,000 new text end 33.14 new text begin the second year are for grants requested new text end 33.15 new text begin by soil and water conservation districts for new text end 33.16 new text begin general purposes, nonpoint engineering, new text end 33.17 new text begin and implementation of the reinvest in new text end 33.18 new text begin Minnesota conservation reserve program. new text end 33.19 new text begin Upon approval of the board, expenditures new text end 33.20 new text begin may be made from these appropriations for new text end 33.21 new text begin supplies and services benefiting soil and new text end 33.22 new text begin water conservation districts. Any district new text end 33.23 new text begin requesting a grant under this paragraph new text end 33.24 new text begin shall create and maintain a Web page that new text end 33.25 new text begin publishes, at a minimum, its annual plan, new text end 33.26 new text begin annual report, annual audit, and annual new text end 33.27 new text begin budget, including membership dues and new text end 33.28 new text begin meeting notices and minutes. new text end 33.29 new text begin $3,285,000 the first year and $3,285,000 new text end 33.30 new text begin the second year are for grants to soil and new text end 33.31 new text begin water conservation districts for cost-sharing new text end 33.32 new text begin contracts for erosion control and water new text end 33.33 new text begin quality management. Of this amount, at least new text end 33.34 new text begin $1,200,000 the first year and $1,200,000 the new text end 33.35 new text begin second year are for grants for cost-sharing new text end 33.36 new text begin contracts to establish and maintain vegetation new text end 34.1 new text begin buffers of restored native prairie and restored new text end 34.2 new text begin prairie using seeds of a local ecotype region. new text end 34.3 new text begin $300,000 the first year and $300,000 the new text end 34.4 new text begin second year are available to begin county new text end 34.5 new text begin cooperative weed management programs new text end 34.6 new text begin on natural lands and private lands enrolled new text end 34.7 new text begin in state and federal conservation programs new text end 34.8 new text begin and to restore native plants in selected new text end 34.9 new text begin invasive species management sites by new text end 34.10 new text begin providing local native seeds and plants new text end 34.11 new text begin to landowners for implementation. This new text end 34.12 new text begin appropriation is available until expended. If new text end 34.13 new text begin the appropriation in either year is insufficient, new text end 34.14 new text begin the appropriation in the other year is available new text end 34.15 new text begin for it. Notwithstanding Minnesota Statutes, new text end 34.16 new text begin section 103C.501, any balance in the board's new text end 34.17 new text begin cost-share program that remains from the new text end 34.18 new text begin fiscal year 2007 appropriation is available new text end 34.19 new text begin in an amount up to $2,000 for a grant to new text end 34.20 new text begin the Faribault Soil and Water Conservation new text end 34.21 new text begin District to pay for erosion repair on the Blue new text end 34.22 new text begin Earth River, and up to $40,000 is available for new text end 34.23 new text begin grants to soil and water conservation districts new text end 34.24 new text begin for Web site development and reporting; and new text end 34.25 new text begin $100,000 in fiscal years 2008 and 2009 is new text end 34.26 new text begin for evaluating and reporting on performance, new text end 34.27 new text begin financial, and activity information of local new text end 34.28 new text begin water management entities as provided for in new text end 34.29 new text begin section 103. new text end 34.30 new text begin The board shall develop a forestry practice new text end 34.31 new text begin docket for cost-share money. The board shall new text end 34.32 new text begin develop standards or policies for cost-share new text end 34.33 new text begin practices for the following purposes: (1) new text end 34.34 new text begin establishment and maintenance of vegetated new text end 34.35 new text begin buffers of restored prairie or restored native new text end 34.36 new text begin prairie using seeds of a local ecotype; new text end 35.1 new text begin (2) establishment of cooperative weed new text end 35.2 new text begin management programs on private natural new text end 35.3 new text begin lands and lands enrolled in state and federal new text end 35.4 new text begin conservation programs and restoration of new text end 35.5 new text begin native plants in selected invasive species new text end 35.6 new text begin management sites by providing local native new text end 35.7 new text begin seeds and plants to landowners; and (3) new text end 35.8 new text begin establishment of soil and water conservation new text end 35.9 new text begin and ecological improvement practices on new text end 35.10 new text begin private forest lands. new text end 35.11 new text begin $100,000 the first year and $100,000 the new text end 35.12 new text begin second year are for a grant to the Red new text end 35.13 new text begin River Basin Commission to develop a Red new text end 35.14 new text begin River basin plan and to coordinate water new text end 35.15 new text begin management activities in the states and new text end 35.16 new text begin provinces bordering the Red River. The new text end 35.17 new text begin unencumbered balance in the first year does new text end 35.18 new text begin not cancel but is available for the second new text end 35.19 new text begin year. new text end 35.20 new text begin $14,166,000 is for implementation of the new text end 35.21 new text begin Clean Water Legacy Act, in accordance new text end 35.22 new text begin with Minnesota Statutes, chapter 114D, as new text end 35.23 new text begin follows: new text end 35.24 new text begin (1) $3,316,000 is for targeted nonpoint new text end 35.25 new text begin restoration cost-share and incentive new text end 35.26 new text begin payments, of which up to $3,116,000 new text end 35.27 new text begin is available for grants. Of this amount, new text end 35.28 new text begin $1,500,000 is for agricultural watershed new text end 35.29 new text begin restoration projects that are located in a new text end 35.30 new text begin watershed impaired by nonpoint agricultural new text end 35.31 new text begin sources and are designed to provide new text end 35.32 new text begin long-term restoration of surface water new text end 35.33 new text begin quality through restoration of the natural new text end 35.34 new text begin hydrological function to working lands. Of new text end 35.35 new text begin this amount, $500,000 must be contracted for new text end 35.36 new text begin services with the Minnesota Conservation new text end 36.1 new text begin Corps. The grant funds are available until new text end 36.2 new text begin expended; new text end 36.3 new text begin (2) $3,000,000 is for targeted nonpoint new text end 36.4 new text begin restoration and protection and technical, new text end 36.5 new text begin compliance, and engineering assistance new text end 36.6 new text begin activities, of which up to $2,400,000 is new text end 36.7 new text begin available for grants, and $225,000 the first new text end 36.8 new text begin year is to inventory wetland mitigation new text end 36.9 new text begin opportunities and water quality and new text end 36.10 new text begin watershed improvement projects in a greater new text end 36.11 new text begin than 80 percent area and of which $150,000 new text end 36.12 new text begin the first year is to conduct a regionwide new text end 36.13 new text begin wetland mitigation siting analysis for new text end 36.14 new text begin greater than 80 percent areas. The $225,000 new text end 36.15 new text begin amount shall include an inventory of the new text end 36.16 new text begin wetland and water resources that have been new text end 36.17 new text begin developed on former mine lands and an new text end 36.18 new text begin analysis of the functions and values of those new text end 36.19 new text begin wetland and water resources. This is a new text end 36.20 new text begin onetime appropriation and is available until new text end 36.21 new text begin June 30, 2009. The $150,000 amount for new text end 36.22 new text begin analysis shall (i) evaluate wetland mitigation new text end 36.23 new text begin opportunities in each watershed and wetland new text end 36.24 new text begin bank service area, (ii) develop goals for new text end 36.25 new text begin maintaining water quality in the greater than new text end 36.26 new text begin 80 percent areas, and (iii) identify wetland new text end 36.27 new text begin mitigation opportunities in other regions with new text end 36.28 new text begin a greater loss of wetlands or with impaired new text end 36.29 new text begin waters. This is a onetime appropriation and new text end 36.30 new text begin is available until June 30, 2009. A report on new text end 36.31 new text begin the analysis outcomes shall be given to the new text end 36.32 new text begin house and senate chairs of the environment new text end 36.33 new text begin and natural resources policy and finance new text end 36.34 new text begin committees by January 15, 2009; new text end 36.35 new text begin (3) $400,000 is for reporting and evaluating new text end 36.36 new text begin applied soil and water conservation practices; new text end 37.1 new text begin (4) $2,450,000 is for grants to implement new text end 37.2 new text begin county individual sewage treatment system new text end 37.3 new text begin programs. Of this amount, after a county new text end 37.4 new text begin has complied with requirements to adopt new text end 37.5 new text begin ordinances pursuant to Minnesota Statutes, new text end 37.6 new text begin section 115.55, subdivision 2, the county may new text end 37.7 new text begin request grants of up to $130,000 to inventory new text end 37.8 new text begin properties with individual sewage treatment new text end 37.9 new text begin systems that are an imminent threat to public new text end 37.10 new text begin health or safety due to water discharges of new text end 37.11 new text begin untreated sewage, and require compliance new text end 37.12 new text begin under an applicable ordinance. The grant new text end 37.13 new text begin amount shall be proportional to the number new text end 37.14 new text begin of properties expected to be inventoried. new text end 37.15 new text begin Each county receiving an appropriation new text end 37.16 new text begin under this paragraph shall report the number new text end 37.17 new text begin of inspections and the number determined new text end 37.18 new text begin to be an imminent threat to public health or new text end 37.19 new text begin safety to the Pollution Control Agency by new text end 37.20 new text begin February 1 of each year; new text end 37.21 new text begin (5) $3,000,000 is for feedlot water quality new text end 37.22 new text begin grants for feedlots under 300 animal units new text end 37.23 new text begin where there are impaired waters; new text end 37.24 new text begin (6) $1,000,000 in fiscal year 2008 is for new text end 37.25 new text begin grants to support local nonpoint source new text end 37.26 new text begin protection activities related to lake and river new text end 37.27 new text begin protection and management; and new text end 37.28 new text begin (7) $1,000,000 in fiscal year 2008 is for new text end 37.29 new text begin grants to address imminent threat and failing new text end 37.30 new text begin individual sewage treatment systems. new text end 37.31 new text begin If the appropriations in clauses (1) to (7) in new text end 37.32 new text begin either year are insufficient, the appropriation new text end 37.33 new text begin in the other year is available for it. All of new text end 37.34 new text begin the money appropriated in clauses (1) to new text end 37.35 new text begin (7) as grants to local governments shall be new text end 37.36 new text begin administered through the Board of Water new text end 38.1 new text begin and Soil Resources' local water resources new text end 38.2 new text begin protection and management program under new text end 38.3 new text begin Minnesota Statutes, section 103B.3369. new text end 38.4 new text begin $100,000 each year is to the Minnesota River new text end 38.5 new text begin Basin Joint Powers Board, also known as new text end 38.6 new text begin the Minnesota River Board, for operating new text end 38.7 new text begin expenses to measure and report the results of new text end 38.8 new text begin projects in the 12 major watersheds within new text end 38.9 new text begin the Minnesota River basin. new text end 38.10 new text begin By January 1, 2008, the board shall report new text end 38.11 new text begin to the senate and house of representatives new text end 38.12 new text begin environmental finance divisions on the new text end 38.13 new text begin financial needs to bring all feedlots in the new text end 38.14 new text begin state that are under 300 animal units into new text end 38.15 new text begin compliance with Pollution Control Agency new text end 38.16 new text begin rules by October 1, 2010, and comply with new text end 38.17 new text begin the requirements of Minnesota Statutes, new text end 38.18 new text begin section 116.07, subdivision 7, paragraph (p). new text end 38.19 new text begin $140,000 the first year and $140,000 new text end 38.20 new text begin the second year are for a grant to Area new text end 38.21 new text begin II, Minnesota River Basin Projects, new text end 38.22 new text begin for floodplain management, including new text end 38.23 new text begin administration of programs. new text end 38.24 new text begin $1,120,000 the first year and $1,060,000 the new text end 38.25 new text begin second year may be spent for the following new text end 38.26 new text begin purposes to support implementation of new text end 38.27 new text begin the Wetland Conservation Act: $250,000 new text end 38.28 new text begin each year is to make grants to local units new text end 38.29 new text begin of governments within the 11-county new text end 38.30 new text begin metropolitan area to improve response to new text end 38.31 new text begin major wetland violations; $250,000 each new text end 38.32 new text begin year is for transfer to the commissioner new text end 38.33 new text begin of natural resources for enforcement of new text end 38.34 new text begin wetland violations; $500,000 each year is for new text end 38.35 new text begin staffing to provide adequate state oversight new text end 38.36 new text begin and technical support to local governments new text end 39.1 new text begin administering the Wetland Conservation Act; new text end 39.2 new text begin $60,000 each year is for staff to monitor and new text end 39.3 new text begin enforce wetland replacement and wetland new text end 39.4 new text begin bank sites; and $60,000 the first year is new text end 39.5 new text begin for rulemaking required by changes to the new text end 39.6 new text begin Wetland Conservation Act. The board must new text end 39.7 new text begin include in its biennial report to the legislature new text end 39.8 new text begin information on all state and local units new text end 39.9 new text begin of government, including special purpose new text end 39.10 new text begin districts, impacts on wetlands in the state. new text end 39.11 new text begin $450,000 the first year and $800,000 new text end 39.12 new text begin the second year are to implement new text end 39.13 new text begin recommendations of the Drainage Work new text end 39.14 new text begin Group to enhance public drainage and new text end 39.15 new text begin modernization as follows: $150,000 the first new text end 39.16 new text begin year is to develop guidelines for drainage new text end 39.17 new text begin records preservation and modernization; new text end 39.18 new text begin $500,000 the second year is for cost-share new text end 39.19 new text begin grants to local governments for public new text end 39.20 new text begin drainage records modernization; and new text end 39.21 new text begin $300,000 each year is to provide assistance new text end 39.22 new text begin to local drainage management officials, to new text end 39.23 new text begin facilitate the work of the Drainage Work new text end 39.24 new text begin Group, to staff a drainage assistance team, new text end 39.25 new text begin and to update the Minnesota Public Drainage new text end 39.26 new text begin Manual. All of the money appropriated in new text end 39.27 new text begin this paragraph as grants to local governments new text end 39.28 new text begin shall be administered through the Board new text end 39.29 new text begin of Water and Soil Resources' local water new text end 39.30 new text begin resources protection and management new text end 39.31 new text begin program under Minnesota Statutes, section new text end 39.32 new text begin 103B.3369. new text end 39.33 new text begin In addition to other authorities, the Board new text end 39.34 new text begin of Water and Soil Resources may reduce, new text end 39.35 new text begin withhold, or redirect grants and other funding new text end 39.36 new text begin if the local water management entity has new text end 40.1 new text begin not corrected deficiencies as prescribed in a new text end 40.2 new text begin notice from the board within one year from new text end 40.3 new text begin the date of the notice. new text end 40.4 new text begin $500,000 the first year is to provide grants new text end 40.5 new text begin for bioenergy crop research and monitoring, new text end 40.6 new text begin including, but not limited to, water quality, new text end 40.7 new text begin water quantity utilized, soil carbon storage, new text end 40.8 new text begin biological diversity, wildlife and habitat new text end 40.9 new text begin impacts and benefits, and small diameter new text end 40.10 new text begin woody bioenergy. Of this amount, $300,000 new text end 40.11 new text begin is for a grant to the Minnesota Forest new text end 40.12 new text begin Resources Council for conducting site level new text end 40.13 new text begin ecological research and assessments as new text end 40.14 new text begin identified by the council's biomass technical new text end 40.15 new text begin committee. Additional money from other new text end 40.16 new text begin sources should be sought to accomplish this new text end 40.17 new text begin purpose. new text end 40.18 new text begin $200,000 in fiscal year 2008 is to develop new text end 40.19 new text begin clean energy program guidelines and new text end 40.20 new text begin standards. new text end 40.21 new text begin $200,000 is for a grant to the city of Gaylord new text end 40.22 new text begin to construct and reconstruct storm water new text end 40.23 new text begin sewer drains and related facilities to divert new text end 40.24 new text begin water that currently drains into Lake Titlow new text end 40.25 new text begin into holding ponds south of the city. The new text end 40.26 new text begin cost of reconstructing city streets as part of new text end 40.27 new text begin this diversion, and as outlined in the city of new text end 40.28 new text begin Gaylord's street improvement plan, is the new text end 40.29 new text begin responsibility of the city. This diversion will new text end 40.30 new text begin keep phosphorus and other chemicals from new text end 40.31 new text begin entering the lake, and will improve the water new text end 40.32 new text begin quality of Lake Titlow. new text end 40.33 new text begin The appropriations for grants in this new text end 40.34 new text begin section are available until expended. If an new text end 40.35 new text begin appropriation for grants in either year is new text end 41.1 new text begin insufficient, the appropriation in the other new text end 41.2 new text begin year is available for it. new text end 41.3 Sec. 6. new text begin METROPOLITAN COUNCIL new text end new text begin $ new text end new text begin 8,620,000 new text end new text begin $ new text end new text begin 8,620,000 new text end 41.4 new text begin Appropriations by Fund new text end 41.5 new text begin 2008 new text end new text begin 2009 new text end 41.6 new text begin General new text end new text begin 4,050,000 new text end new text begin 4,050,000 new text end 41.7 new text begin Natural Resources new text end new text begin 4,570,000 new text end new text begin 4,570,000 new text end 41.8 new text begin $4,050,000 the first year and $4,050,000 new text end 41.9 new text begin the second year are for metropolitan area new text end 41.10 new text begin regional parks maintenance and operations. new text end 41.11 new text begin $4,570,000 the first year and $4,570,000 the new text end 41.12 new text begin second year are from the natural resources new text end 41.13 new text begin fund for metropolitan area regional parks new text end 41.14 new text begin and trails maintenance and operations. This new text end 41.15 new text begin appropriation is from the revenue deposited new text end 41.16 new text begin in the natural resources fund under Minnesota new text end 41.17 new text begin Statutes, section 297A.94, paragraph (e), new text end 41.18 new text begin clause (3). new text end 41.19 41.20 Sec. 7. new text begin MINNESOTA CONSERVATION new text end new text begin CORPS new text end new text begin $ new text end new text begin 1,015,000 new text end new text begin $ new text end new text begin 965,000 new text end 41.21 new text begin Appropriations by Fund new text end 41.22 new text begin 2008 new text end new text begin 2009 new text end 41.23 new text begin General new text end new text begin 525,000 new text end new text begin 475,000 new text end 41.24 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 41.25 new text begin The Minnesota Conservation Corps may new text end 41.26 new text begin receive money appropriated from the new text end 41.27 new text begin natural resources fund under this section new text end 41.28 new text begin only as provided in an agreement with the new text end 41.29 new text begin commissioner of natural resources. new text end 41.30 new text begin $50,000 is to be used for learning stipends new text end 41.31 new text begin for deaf students and wages for interpreters new text end 41.32 new text begin participating in its summer youth program. new text end 41.33 new text begin The appropriation is available until June 30, new text end 41.34 new text begin 2009. new text end 41.35 Sec. 8. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 7,137,000 new text end new text begin $ new text end new text begin 7,331,000 new text end 41.36 new text begin Appropriations by Fund new text end 41.37 new text begin 2008 new text end new text begin 2009 new text end 42.1 new text begin General new text end new text begin 7,000,000 new text end new text begin 7,193,000 new text end 42.2 new text begin Natural Resources new text end new text begin 137,000 new text end new text begin 138,000 new text end 42.3 new text begin $137,000 the first year and $138,000 the new text end 42.4 new text begin second year are from the natural resources new text end 42.5 new text begin fund from the revenue deposited under new text end 42.6 new text begin Minnesota Statutes, section 297A.94, new text end 42.7 new text begin paragraph (e), clause (5). new text end 42.8 new text begin The general fund base budget for the new text end 42.9 new text begin Zoological Board is $7,068,000 each year in new text end 42.10 new text begin the 2010-2011 biennium. new text end 42.11 42.12 Sec. 9. new text begin SCIENCE MUSEUM OF new text end new text begin MINNESOTA new text end new text begin $ new text end new text begin 1,250,000 new text end new text begin $ new text end new text begin 1,250,000 new text end 42.13    Sec. 10. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to read: 42.14    Subd. 35. Public official. "Public official" means any: 42.15    (1) member of the legislature; 42.16    (2) individual employed by the legislature as secretary of the senate, legislative 42.17auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 42.18attorney in the Office of Senate Counsel and Research or House Research; 42.19    (3) constitutional officer in the executive branch and the officer's chief administrative 42.20deputy; 42.21    (4) solicitor general or deputy, assistant, or special assistant attorney general; 42.22    (5) commissioner, deputy commissioner, or assistant commissioner of any state 42.23department or agency as listed in section 15.01 or 15.06, or the state chief information 42.24officer; 42.25    (6) member, chief administrative officer, or deputy chief administrative officer of a 42.26state board or commission that has either the power to adopt, amend, or repeal rules under 42.27chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 42.28    (7) individual employed in the executive branch who is authorized to adopt, amend, 42.29or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 42.30    (8) executive director of the State Board of Investment; 42.31    (9) deputy of any official listed in clauses (7) and (8); 42.32    (10) judge of the Workers' Compensation Court of Appeals; 42.33    (11) administrative law judge or compensation judge in the State Office of 42.34Administrative Hearings or referee in the Department of Employment and Economic 42.35Development; 43.1    (12) member, regional administrator, division director, general counsel, or operations 43.2manager of the Metropolitan Council; 43.3    (13) member or chief administrator of a metropolitan agency; 43.4    (14) director of the Division of Alcohol and Gambling Enforcement in the 43.5Department of Public Safety; 43.6    (15) member or executive director of the Higher Education Facilities Authority; 43.7    (16) member of the board of directors or president of Minnesota Technology, Inc.; 43.8    (17) member of the board of directors or executive director of the Minnesota State 43.9High School League; 43.10    (18) member of the Minnesota Ballpark Authority established in section 473.755; or 43.11    (19) citizen member of the Legislative-Citizen Commission on Minnesota 43.12Resources. new text begin ; new text end 43.13     new text begin (20) manager of a watershed district, or member of a watershed management new text end 43.14 new text begin organization as defined under section 103B.205, subdivision 13; or new text end 43.15     new text begin (21) supervisor of a soil and water conservation district. new text end 43.16    Sec. 11. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read: 43.17    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon 43.18the agency's receipt of a written request containing all information required by law or by 43.19a previously adopted rule, ordinance, or policy of the agency, including the applicable 43.20application fee. If an agency receives a written request that does not contain all required 43.21information, the 60-day limit starts over only if the agency sends written notice within 15 43.22business days of receipt of the request telling the requester what information is missing. 43.23    (b) If a request relating to zoning, septic systems, watershed district review, soil and 43.24water conservation district review, or expansion of the metropolitan urban service area 43.25requires the approval of more than one state agency in the executive branch, the 60-day 43.26period in subdivision 2 begins to run for all executive branch agencies on the day a request 43.27containing all required information is received by one state agency. The agency receiving 43.28the request must forward copies to other state agencies whose approval is required. 43.29    (c) An agency response new text begin , including an approval with conditions, new text end meets the 60-day 43.30time limit if the agency can document that the response was sent within 60 days of receipt 43.31of the written request. new text begin Failure to satisfy the conditions, if any, may be a basis to revoke new text end 43.32 new text begin or rescind the approval by the agency and will not give rise to a claim that the 60-day new text end 43.33 new text begin limit was not met. new text end 43.34    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 43.35order requires a process to occur before the agency acts on the request, and the time 44.1periods prescribed in the state statute, federal law, or court order make it impossible to 44.2act on the request within 60 days. In cases described in this paragraph, the deadline is 44.3extended to 60 days after completion of the last process required in the applicable statute, 44.4law, or order. Final approval of an agency receiving a request is not considered a process 44.5for purposes of this paragraph. 44.6    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 44.7agency requires prior approval of a federal agency; or (2) an application submitted to 44.8a city, county, town, school district, metropolitan or regional entity, or other political 44.9subdivision requires prior approval of a state or federal agency. In cases described in 44.10this paragraph, the deadline for agency action is extended to 60 days after the required 44.11prior approval is granted. 44.12    (f) An agency may extend the time limit in subdivision 2 before the end of the 44.13initial 60-day period by providing written notice of the extension to the applicant. The 44.14notification must state the reasons for the extension and its anticipated length, which may 44.15not exceed 60 days unless approved by the applicant. 44.16    (g) An applicant may by written notice to the agency request an extension of the 44.17time limit under this section. 44.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 44.19    Sec. 12. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read: 44.20    Subd. 1a. Revenues. The following revenues must be deposited in the 44.21environmental fund: 44.22    (1) all revenue from the motor vehicle transfer fee imposed under section 115A.908; 44.23    (2) all fees collected under section 116.07, subdivision 4d; 44.24    (3) all money collected by the Pollution Control Agency in enforcement matters 44.25as provided in section 115.073; 44.26    (4) all revenues from license fees for individual sewage treatment systems under 44.27section 115.56; 44.28    (5) all loan repayments deposited under section 115A.0716; 44.29    (6) all revenue from pollution prevention fees imposed under section 115D.12; 44.30    (7) all loan repayments deposited under section 116.994; 44.31    (8) all fees collected under section 116C.834; 44.32    (9) revenue collected from the solid waste management tax pursuant to chapter 297H; 44.33    (10) fees collected under section 473.844; and 44.34    (11) interest accrued on the fund new text begin ; and new text end 45.1     new text begin (12) money received in the form of gifts, grants, reimbursement, or appropriation new text end 45.2 new text begin from any source for any of the purposes provided in subdivision 2, except federal grants new text end . 45.3    Sec. 13. new text begin [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT. new text end 45.4     new text begin Subdivision 1. new text end new text begin Reimbursement. new text end new text begin A meat processor holding a license under chapter new text end 45.5 new text begin 28A may apply to the commissioner of agriculture for reimbursement of $70 towards the new text end 45.6 new text begin cost of processing donated deer. The meat processor shall deliver the deer, processed into new text end 45.7 new text begin cuts or ground meat, to a charitable organization that is registered under chapter 309 and new text end 45.8 new text begin with the commissioner of agriculture and that operates a food assistance program. To new text end 45.9 new text begin request reimbursement, the processor shall submit an application, on a form prescribed by new text end 45.10 new text begin the commissioner of agriculture, the tag number under which the deer was taken, and a new text end 45.11 new text begin receipt for the deer from the charitable organization. new text end 45.12     new text begin Subd. 2. new text end new text begin Distribution. new text end new text begin (a) The commissioner of agriculture shall ensure the new text end 45.13 new text begin equitable statewide distribution of processed deer by requiring the charitable organization new text end 45.14 new text begin to allocate and distribute processed deer according to the allocation formula used in the new text end 45.15 new text begin distribution of United States Department of Agriculture commodities under the federal new text end 45.16 new text begin emergency food assistance program. The charitable organization must submit quarterly new text end 45.17 new text begin reports to the commissioner on forms prescribed by the commissioner. The reports must new text end 45.18 new text begin include, but are not limited to, information on the amount of processed deer received and new text end 45.19 new text begin the organizations to which the meat was distributed. new text end 45.20     new text begin (b) The commissioner of agriculture may adopt rules to implement this section. new text end 45.21    Sec. 14. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read: 45.22    Subdivision 1. License required. (a) A person or entity may not operate an aquatic 45.23farm without first obtaining an aquatic farm license from the commissioner. 45.24    (b) Applications for an aquatic farm license must be made on forms provided by 45.25the commissioner. 45.26    (c) Licenses are valid for five years and are transferable upon notification to the 45.27commissioner. 45.28    (d) The commissioner shall issue an aquatic farm license on payment of the required 45.29license fee under section 17.4988. 45.30    (e) A license issued by the commissioner is not a determination of private property 45.31rights, but is only based on a determination that the licensee does not have a significant 45.32detrimental impact on the public resource. 46.1     new text begin (f) By January 15, 2008, the commissioner shall report to the senate and house new text end 46.2 new text begin of representatives committees on natural resource policy and finance on policy new text end 46.3 new text begin recommendations regarding aquaculture. new text end 46.4    Sec. 15. Minnesota Statutes 2006, section 18G.03, is amended by adding a subdivision 46.5to read: 46.6     new text begin Subd. 5. new text end new text begin Certain species not subject to chapter 18G. new text end new text begin This chapter does not apply new text end 46.7 new text begin to exotic aquatic plants and wild animal species regulated under chapter 84D. new text end 46.8    Sec. 16. Minnesota Statutes 2006, section 18G.11, is amended to read: 46.918G.11 COOPERATION WITH OTHER JURISDICTIONS. 46.10     new text begin Subdivision 1. new text end new text begin Detection and control agreements. new text end The commissioner may enter 46.11into cooperative agreements with organizations, persons, civic groups, governmental 46.12agencies, or other organizations to adopt and execute plans to detect and control areas 46.13infested or infected with harmful plant pests. The cooperative agreements may include 46.14provisions of joint funding of any control treatment. 46.15    If a harmful plant pest infestation or infection occurs and cannot be adequately 46.16controlled by individual persons, owners, tenants, or local units of government, the 46.17commissioner may conduct the necessary control measures independently or on a 46.18cooperative basis with federal or other units of government. 46.19     new text begin Subd. 2. new text end new text begin New and emerging plant pest programs. new text end new text begin The commissioner may make new text end 46.20 new text begin grants to municipalities or enter into contracts with municipalities, nurseries, colleges, new text end 46.21 new text begin universities, state or federal agencies in connection with new or emerging plant pests new text end 46.22 new text begin programs, including research, or any other organization with the legal authority to enter new text end 46.23 new text begin into contractual agreements. new text end 46.24    Sec. 17. new text begin [84.02] DEFINITIONS. new text end 46.25     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For purposes of this chapter, the terms defined in this new text end 46.26 new text begin section shall have the meanings given them. new text end 46.27     new text begin Subd. 2. new text end new text begin Best management practice for native prairie restoration. new text end new text begin "Best new text end 46.28 new text begin management practice for native prairie restoration" means using seeds collected from a new text end 46.29 new text begin native prairie within the same county or within 25 miles of the county's border, but not new text end 46.30 new text begin across the boundary of an ecotype region. new text end 46.31     new text begin Subd. 3. new text end new text begin Created grassland. new text end new text begin "Created grassland" means a restoration using seeds new text end 46.32 new text begin or plants with origins outside of the state of Minnesota. new text end 47.1     new text begin Subd. 4. new text end new text begin Ecotype region. new text end new text begin "Ecotype region" means the following ecological new text end 47.2 new text begin subsections and counties based on the Department of Natural Resources map, "County new text end 47.3 new text begin Landscape Groupings Based on Ecological Subsections," dated February 15, 2007. new text end 47.4 new text begin Ecotype Region new text end new text begin Counties or portions thereof: new text end 47.5 47.6 47.7 new text begin Rochester Plateau, Blufflands, and Oak new text end new text begin Savanna new text end new text begin Houston, Winona, Fillmore, Wabasha, new text end new text begin Goodhue, Mower, Freeborn, Steele, new text end new text begin Olmsted, Rice, Waseca, Dakota, Dodge new text end 47.8 47.9 47.10 new text begin Anoka Sand Plain, Big Woods, and St. new text end new text begin Paul Baldwin Plains and Moraines new text end new text begin Anoka, Hennepin, Ramsey, Washington, new text end new text begin Chisago, Scott, Carver, McLeod, Wright, new text end new text begin Benton, Isanti, Le Sueur, Sherburne new text end 47.11 47.12 new text begin Inner Coteau and Coteau Moraines new text end new text begin Lincoln, Lyon, Pipestone, Rock, Murray, new text end new text begin Nobles, Jackson, Cottonwood new text end 47.13 new text begin Red River Prairie (South) new text end new text begin Traverse, Wilkin, Clay, Becker new text end 47.14 47.15 47.16 new text begin Red River Prairie (North) and Aspen new text end new text begin Parklands new text end new text begin Kittson, Roseau, Red Lake, Pennington, new text end new text begin Marshall, Clearwater, Mahnomen, Polk, new text end new text begin Norman new text end 47.17 47.18 47.19 new text begin Minnesota River Prairie (North) new text end new text begin Big Stone, Pope, Stevens, Grant, Swift, new text end new text begin Chippewa, Meeker, Kandiyohi, Renville, new text end new text begin Lac qui Parle, Yellow Medicine new text end 47.20 47.21 new text begin Minnesota River Prairie (South) new text end new text begin Nicollet, Redwood, Brown, Watonwan, new text end new text begin Martin, Faribault, Blue Earth, Sibley new text end 47.22 47.23 new text begin Hardwood Hills new text end new text begin Douglas, Morrison, Otter Tail, Stearns, new text end new text begin Todd new text end 47.24     new text begin Subd. 5. new text end new text begin Native prairie. new text end new text begin "Native prairie" means land that has never been plowed new text end 47.25 new text begin where native prairie vegetation originating from the site currently predominates or, if new text end 47.26 new text begin disturbed, is predominantly covered with native prairie vegetation that originated from the new text end 47.27 new text begin site. Unbroken pasture land used for livestock grazing can be considered native prairie if it new text end 47.28 new text begin has predominantly native vegetation originating from the site and conservation practices new text end 47.29 new text begin have maintained biological diversity. new text end 47.30     new text begin Subd. 6. new text end new text begin Native prairie species of a local ecotype. new text end new text begin "Native prairie species of a local new text end 47.31 new text begin ecotype" means a genetically differentiated population of a species that has at least one new text end 47.32 new text begin trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted new text end 47.33 new text begin to local environmental conditions, notably plant competitors, pathogens, pollinators, soil new text end 47.34 new text begin microorganisms, growing season length, climate, hydrology, and soil. new text end 47.35     new text begin Subd. 7. new text end new text begin Restored native prairie. new text end new text begin "Restored native prairie" means a restoration new text end 47.36 new text begin using at least 25 representative and biologically diverse native prairie plant species of a new text end 47.37 new text begin local ecotype originating in the same county as the restoration site or within 25 miles of new text end 47.38 new text begin the county's border, but not across the boundary of an ecotype region. new text end 48.1     new text begin Subd. 8. new text end new text begin Restored prairie. new text end new text begin "Restored prairie" means a restoration using at least new text end 48.2 new text begin 25 representative and biologically diverse native prairie plant species originating from new text end 48.3 new text begin the same ecotype region in which the restoration occurs. new text end 48.4    Sec. 18. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read: 48.5    Subd. 9. Professional services support account. The commissioner of natural 48.6resources may bill the various programs carried out by the commissioner for the costs of 48.7providing them with professional support services. new text begin Except as provided under section new text end 48.8 new text begin 89.421, new text end receipts must be credited to a special account in the state treasury and are 48.9appropriated to the commissioner to pay the costs for which the billings were made. 48.10    The commissioner of natural resources shall submit to the commissioner of finance 48.11before the start of each fiscal year a work plan showing the estimated work to be done 48.12during the coming year, the estimated cost of doing the work, and the positions and fees 48.13that will be necessary. This account is exempted from statewide and agency indirect 48.14cost payments. 48.15    Sec. 19. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read: 48.16    Subdivision 1. Contracts. The commissioner of natural resources is authorized 48.17to enter into contractual agreements with any public or private entity for the provision 48.18of statutorily prescribed natural resources services by the department. The contracts 48.19shall specify the services to be provided. new text begin Except as provided under section 89.421, new text end funds 48.20generated in a contractual agreement made pursuant to this section shall be deposited in 48.21the special revenue fund and are appropriated to the department for purposes of providing 48.22the services specified in the contracts. The commissioner shall report revenues collected 48.23and expenditures made under this subdivision to the chairs of the Committees on Ways and 48.24Means in the house and Finance in the senate by January 1 of each odd-numbered year. 48.25    Sec. 20. Minnesota Statutes 2006, section 84.027, is amended by adding a subdivision 48.26to read: 48.27     new text begin Subd. 13a. new text end new text begin Game and fish expedited permanent rules. new text end new text begin In addition to the authority new text end 48.28 new text begin granted in subdivision 13, the commissioner of natural resources may adopt rules under new text end 48.29 new text begin section 14.389 that are authorized under: new text end 48.30     new text begin (1) chapters 97A, 97B, and 97C to describe zone or permit area boundaries, to new text end 48.31 new text begin designate fish spawning beds or fish preserves, to select hunters or anglers for areas, new text end 48.32 new text begin to provide for registration of game or fish, to prevent or control wildlife disease, or to new text end 48.33 new text begin correct errors or omissions in rules that do not have a substantive effect on the intent or new text end 48.34 new text begin application of the original rule; or new text end 49.1     new text begin (2) section 84D.12 to designate prohibited invasive species, regulated invasive new text end 49.2 new text begin species, and unregulated nonnative species. new text end 49.3    Sec. 21. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision 49.4to read: 49.5     new text begin Subd. 5. new text end new text begin Easement information. new text end new text begin Parties to an easement purchased under the new text end 49.6 new text begin authority of the commissioner must: new text end 49.7     new text begin (1) specify in the easement all provisions that are perpetual in nature; new text end 49.8     new text begin (2) file the easement with the county recorder or registrar of titles in the county new text end 49.9 new text begin in which the land is located; and new text end 49.10     new text begin (3) submit an electronic copy of the easement to the commissioner. new text end 49.11    Sec. 22. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read: 49.12    Subdivision 1. Sales authorized; gift certificates. The commissioner may 49.13sell natural resources-related publications and maps; new text begin forest resource assessment new text end 49.14 new text begin products; new text end federal migratory waterfowl, junior duck, and other federal stamps; and other 49.15nature-related merchandise, and may rent or sell items for the convenience of persons using 49.16Department of Natural Resources facilities or services. The commissioner may sell gift 49.17certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged 49.18by the commissioner under this section may include a reasonable amount in excess of the 49.19actual cost to support Department of Natural Resources programs. The commissioner may 49.20advertise the availability of a program or item offered under this section. 49.21    Sec. 23. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read: 49.22    Subd. 2. Receipts; appropriation. new text begin Except as provided under section 89.421, new text end 49.23money received by the commissioner under this section or to buy supplies for the use of 49.24volunteers, may be credited to one or more special accounts in the state treasury and is 49.25appropriated to the commissioner for the purposes for which the money was received. 49.26Money received from sales at the state fair shall be available for state fair related costs. 49.27Money received from sales of intellectual property and software products or services shall 49.28be available for development, maintenance, and support of software products and systems. 49.29    Sec. 24. Minnesota Statutes 2006, section 84.777, is amended to read: 49.3084.777 OFF-HIGHWAY VEHICLE USE OF STATE LANDS RESTRICTED. 49.31     new text begin Subdivision 1. new text end new text begin Designated trails. new text end (a) Except as otherwise allowed by law or rules 49.32adopted by the commissioner, effective June 1, 2003, notwithstanding sections 84.787 49.33to 84.805 and 84.92 to 84.929, the use of off-highway vehicles is prohibited on state 50.1land administered by the commissioner of natural resources, and on county-administered 50.2forest land within the boundaries of a state forest, except on roads and trails specifically 50.3designated and posted by the commissioner for use by off-highway vehicles. 50.4    (b) Paragraph (a) does not apply to county-administered land within a state forest if 50.5the county board adopts a resolution that modifies restrictions on the use of off-highway 50.6vehicles on county-administered land within the forest. 50.7     new text begin Subd. 2. new text end new text begin Off-highway vehicle seasons. new text end new text begin (a) The commissioner shall prescribe new text end 50.8 new text begin seasons for off-highway vehicle use on state forest lands. Except for designated forest new text end 50.9 new text begin roads, a person must not operate an off-highway vehicle on state forest lands outside of new text end 50.10 new text begin the seasons prescribed under this paragraph. new text end 50.11     new text begin (b) The commissioner may designate and post winter trails on state forest lands new text end 50.12 new text begin for use by off-highway vehicles. new text end 50.13     new text begin (c) For the purposes of this subdivision, "state forest lands" means forest lands under new text end 50.14 new text begin the authority of the commissioner as defined in section 89.001, subdivision 13, and lands new text end 50.15 new text begin managed by the commissioner under section 282.011. new text end 50.16     new text begin Subd. 3. new text end new text begin Mapped trails. new text end new text begin Except as provided in sections 84.926 and 84.928, after new text end 50.17 new text begin completion of off-highway vehicle maps for the area, a person must not operate an new text end 50.18 new text begin off-highway vehicle on state land that is not mapped for the type of off-highway vehicle. new text end 50.19     new text begin Subd. 4. new text end new text begin Exemption from rulemaking. new text end new text begin Determinations of the commissioner under new text end 50.20 new text begin this section may be by written order published in the State Register and are exempt from new text end 50.21 new text begin the rulemaking provisions of chapter 14. Section 14.386 does not apply. new text end 50.22    Sec. 25. Minnesota Statutes 2006, section 84.780, is amended to read: 50.2384.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT. 50.24    (a) The off-highway vehicle damage account is created in the natural resources fund. 50.25Money in the off-highway vehicle damage account is appropriated to the commissioner of 50.26natural resources for the repair or restoration of property damaged by the new text begin illegal new text end operation 50.27of off-highway vehicles new text begin or the operation of off-highway vehicles new text end in an unpermitted area 50.28after August 1, 2003, and for the costs of administration for this section. Before the 50.29commissioner may make a payment from this account, the commissioner must determine 50.30whether the damage to the property was caused by the unpermitted new text begin or illegal new text end use of 50.31off-highway vehicles, that the applicant has made reasonable efforts to identify the 50.32responsible individual and obtain payment from the individual, and that the applicant has 50.33made reasonable efforts to prevent reoccurrence. By June 30, 2008, the commissioner of 50.34finance must transfer the remaining balance in the account to the off-highway motorcycle 51.1account under section , the off-road vehicle account under section , and the 51.2all-terrain vehicle account under section . The amount transferred to each account 51.3must be proportionate to the amounts received in the damage account from the relevant 51.4off-highway vehicle accounts. 51.5    (b) Determinations of the commissioner under this section may be made by written 51.6order and are exempt from the rulemaking provisions of chapter 14. Section 14.386 51.7does not apply. 51.8    (c) This section expires July 1, 2008 new text begin Money in the account is available until new text end 51.9 new text begin expended new text end . 51.10    Sec. 26. new text begin [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS. new text end 51.11     new text begin Notwithstanding any provision of sections 84.797 to 84.805 or other law to the new text end 51.12 new text begin contrary, the commissioner shall not permit land administered by the commissioner in new text end 51.13 new text begin Cass, Crow Wing, and Hubbard Counties to be used or developed for trails primarily for new text end 51.14 new text begin off-road vehicles as defined in section 84.797, subdivision 7, except: new text end 51.15     new text begin (1) upon approval by the legislature; or new text end 51.16     new text begin (2) in designated off-road vehicle use areas. new text end 51.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 51.18    Sec. 27. new text begin [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION new text end 51.19 new text begin PROGRAM. new text end 51.20     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The commissioner of natural resources shall establish new text end 51.21 new text begin a program to promote the safe and responsible operation of off-highway vehicles in a new text end 51.22 new text begin manner that does not harm the environment. new text end 51.23     new text begin Subd. 2. new text end new text begin Agreements. new text end new text begin (a) The commissioner shall enter into agreements with new text end 51.24 new text begin organizations for volunteer services that promote the safe and responsible operation new text end 51.25 new text begin of off-highway vehicles in a manner that does not harm the environment to maintain, new text end 51.26 new text begin make improvements to, and monitor trails on state forest land and other public lands. new text end 51.27 new text begin The organizations shall promote the operation of off-highway vehicles in a safe and new text end 51.28 new text begin responsible manner that complies with the laws and rules that relate to the operation new text end 51.29 new text begin of off-highway vehicles. new text end 51.30     new text begin (b) The organizations may provide assistance to the department in locating, new text end 51.31 new text begin recruiting, and training instructors for off-highway vehicle training programs. new text end 51.32     new text begin (c) The commissioner may provide assistance to enhance the comfort and safety new text end 51.33 new text begin of volunteers and to facilitate the implementation and administration of the safety and new text end 51.34 new text begin conservation program. new text end 52.1     new text begin (d) The commissioner shall establish standards, train, and certify organizations and new text end 52.2 new text begin individuals participating as volunteers under this section. The training shall include: new text end 52.3     new text begin (1) the identification of invasive species; new text end 52.4     new text begin (2) correctly reporting the location of invasive species; and new text end 52.5     new text begin (3) basic global positioning system operation. new text end 52.6     new text begin Subd. 3. new text end new text begin Worker displacement prohibited. new text end new text begin The commissioner may not enter into new text end 52.7 new text begin any agreement that has the purpose of or results in the displacement of public employees new text end 52.8 new text begin by volunteers participating in the off-highway safety and conservation program under new text end 52.9 new text begin this section. The commissioner must certify to the appropriate bargaining agent that the new text end 52.10 new text begin work performed by a volunteer will not result in the displacement of currently employed new text end 52.11 new text begin workers or workers on seasonal layoff or layoff from a substantially equivalent position, new text end 52.12 new text begin including partial displacement such as reduction in hours of nonovertime work, wages, or new text end 52.13 new text begin other employment benefits. new text end 52.14     new text begin Subd. 4. new text end new text begin Off-Highway Vehicle Safety Advisory Council. new text end new text begin (a) The commissioner new text end 52.15 new text begin of natural resources shall appoint an Off-Highway Vehicle Safety Advisory Council to new text end 52.16 new text begin advise the commissioner on: new text end 52.17     new text begin (1) off-highway vehicle safety; and new text end 52.18     new text begin (2) standards and certification for organizations and individuals participating as new text end 52.19 new text begin volunteers under this section. new text end 52.20    Sec. 28. Minnesota Statutes 2006, section 84.922, subdivision 1a, is amended to read: 52.21    Subd. 1a. Exemptions. All-terrain vehicles exempt from registration are: 52.22    (1) vehicles owned and used by the United States, the state, another state, or a 52.23political subdivision; 52.24    (2) vehicles registered in another state or country that have not been in this state 52.25for more than 30 consecutive days; and 52.26    (3) vehicles used exclusively in organized track racing events new text begin ; and new text end 52.27     new text begin (4) vehicles that are 25 years old or older and were originally produced as a separate new text end 52.28 new text begin identifiable make by a manufacturer new text end . 52.29    Sec. 29. Minnesota Statutes 2006, section 84.922, subdivision 5, is amended to read: 52.30    Subd. 5. Fees for registration. (a) The fee for a three-year registration of 52.31an all-terrain vehicle under this section, other than those registered by a dealer or 52.32manufacturer under paragraph (b) or (c), is: 52.33    (1) for public use before January 1, 2005, $23; 52.34    (2) for public use on January 1, 2005, and after, $30 new text begin $45 new text end ; 53.1    (3) new text begin (2) new text end for private use, $6; and 53.2    (4) new text begin (3) new text end for a duplicate or transfer, $4. 53.3    (b) The total registration fee for all-terrain vehicles owned by a dealer and operated 53.4for demonstration or testing purposes is $50 per year. Dealer registrations are not 53.5transferable. 53.6    (c) The total registration fee for all-terrain vehicles owned by a manufacturer and 53.7operated for research, testing, experimentation, or demonstration purposes is $150 per 53.8year. Manufacturer registrations are not transferable. 53.9    (d) The fees collected under this subdivision must be credited to the all-terrain 53.10vehicle account. 53.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 53.12    Sec. 30. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read: 53.13    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the 53.14all-terrain vehicle account may only be spent for: 53.15    (1) the education and training program under section 84.925; 53.16    (2) administration, enforcement, and implementation of sections 84.773 to 84.929; 53.17    (3) acquisition, maintenance, and development of vehicle trails and use areas; 53.18    (4) grant-in-aid programs to counties and municipalities to construct and maintain 53.19all-terrain vehicle trails and use areas; 53.20    (5) grants-in-aid to local safety programs; and 53.21    (6) enforcement and public education grants to local law enforcement agencies. new text begin ; and new text end 53.22     new text begin (7) maintenance of minimum-maintenance forest roads designated under section new text end 53.23 new text begin 89.71, subdivision 5, and county forest roads that are part of a designated trail system new text end 53.24 new text begin within state forest boundaries as established under section 89.021. new text end 53.25    The distribution of funds made available through grant-in-aid programs must be 53.26guided by the statewide comprehensive outdoor recreation plan. 53.27    Sec. 31. Minnesota Statutes 2006, section 84.963, is amended to read: 53.2884.963 PRAIRIE PLANT SEED PRODUCTION AREAS. 53.29     new text begin (a) new text end The commissioner of natural resources shall study the feasibility of establishing 53.30private or public prairie plant seed production areas within prairie land locations. If 53.31prairie plant seed production is feasible, the commissioner may aid the establishment of 53.32production areas. The commissioner may enter cost-share or sharecrop agreements with 53.33landowners having easements for conservation purposes of ten or more years on their land 53.34to commercially produce prairie plant seed of Minnesota origin. The commissioner may 54.1only aid prairie plant seed production areas on agricultural land used to produce crops 54.2before December 23, 1985, and cropped three out of five years between 1981 and 1985. 54.3     new text begin (b) The commissioner shall compile, prepare, and electronically disseminate to new text end 54.4 new text begin the public prairie establishment guidance materials and resources. The resources must new text end 54.5 new text begin provide information and guidance on project planning, seed selection including ecotype new text end 54.6 new text begin and species mix, site preparation, seeding, maintenance, and technical service providers. new text end 54.7 new text begin The commissioner shall use actual prairie restoration projects under development on new text end 54.8 new text begin state-owned land to illustrate and demonstrate the practices described. new text end 54.9    Sec. 32. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision 54.10to read: 54.11     new text begin Subd. 7. new text end new text begin Contracts for services for emergency invasive species prevention work; new text end 54.12 new text begin commissions to persons employed. new text end new text begin The commissioner may contract for or accept the new text end 54.13 new text begin services of any persons whose aid is available, temporarily or otherwise, in emergency new text end 54.14 new text begin invasive species prevention work, either gratuitously or for compensation not in excess of new text end 54.15 new text begin the limits provided by law with respect to the employment of labor by the commissioner. new text end 54.16 new text begin The commissioner may issue a commission, or other written evidence of authority, to any new text end 54.17 new text begin person whose services are so arranged for and may thereby empower the person to act, new text end 54.18 new text begin temporarily or otherwise, in any other capacity, with powers and duties as may be specified new text end 54.19 new text begin in the commission or other written evidence of authority, but not in excess of the powers new text end 54.20 new text begin conferred by law. The commissioner of agriculture, under authority provided by law, shall new text end 54.21 new text begin cooperate with the commissioner in emergency control of invasive species prevention. new text end 54.22    Sec. 33. Minnesota Statutes 2006, section 84D.03, subdivision 1, is amended to read: 54.23    Subdivision 1. Infested waters; restricted activities. (a) The commissioner shall 54.24designate a water of the state as an infested water if the commissioner determines that new text begin : new text end 54.25     new text begin (1) new text end the water contains a population of an aquatic invasive species that could spread 54.26to other waters if use of the water and related activities are not regulated to prevent this new text begin ; or new text end 54.27     new text begin (2) the water is highly likely to be infested by an aquatic invasive species because it new text end 54.28 new text begin is connected to a water that contains a population of an aquatic invasive species new text end . 54.29    (b) When determining which invasive species comprise infested waters, the 54.30commissioner shall consider: 54.31    (1) the extent of a species distribution within the state; 54.32    (2) the likely means of spread for a species; and 54.33    (3) whether regulations specific to infested waters containing a specific species 54.34will effectively reduce that species' spread. 55.1    (c) The presence of common carp and curly-leaf pondweed shall not be the basis for 55.2designating a water as infested. 55.3     new text begin (d) The designation of infested waters by the commissioner shall be by written order new text end 55.4 new text begin published in the State Register. Designations are not subject to the rulemaking provisions new text end 55.5 new text begin of chapter 14 and section 14.386 does not apply. new text end 55.6    Sec. 34. Minnesota Statutes 2006, section 84D.12, subdivision 1, is amended to read: 55.7    Subdivision 1. Required rules. The commissioner shall adopt rules: 55.8    (1) designating infested waters, prohibited invasive species, regulated invasive 55.9species, and unregulated nonnative species of aquatic plants and wild animals; 55.10    (2) governing the application for and issuance of permits under this chapter, which 55.11rules may include a fee schedule; and 55.12    (3) governing notification under section 84D.08. 55.13    Sec. 35. Minnesota Statutes 2006, section 84D.12, subdivision 3, is amended to read: 55.14    Subd. 3. Expedited rules. The commissioner may adopt rules under section 84.027, 55.15subdivision 13 , that designate: 55.16    (1) prohibited invasive species of aquatic plants and wild animals; 55.17    (2) regulated invasive species of aquatic plants and wild animals; new text begin and new text end 55.18    (3) unregulated nonnative species of aquatic plants and wild animals; and 55.19    (4) infested waters. 55.20    Sec. 36. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read: 55.21    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft 55.22license suspension is effective 30 days after issuance of the civil citation. A civil penalty 55.23collected under this section is payable to the commissioner and must be credited to the 55.24water recreation account new text begin invasive species account new text end . 55.25    Sec. 37. Minnesota Statutes 2006, section 84D.14, is amended to read: 55.2684D.14 EXEMPTIONS. 55.27    This chapter does not apply to: 55.28    (1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16 new text begin new text end 55.29 new text begin 18G.15 new text end ; or 55.30    (2) mammals and birds defined by statute as livestock. 55.31    Sec. 38. new text begin [84D.15] INVASIVE SPECIES ACCOUNT. new text end 56.1     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The invasive species account is created in the state new text end 56.2 new text begin treasury in the natural resources fund. new text end 56.3     new text begin Subd. 2. new text end new text begin Receipts. new text end new text begin Money received from surcharges on watercraft licenses under new text end 56.4 new text begin section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited new text end 56.5 new text begin in the invasive species account. Each year, the commissioner of finance shall transfer from new text end 56.6 new text begin the game and fish fund to the invasive species account, the annual surcharge collected on new text end 56.7 new text begin nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). new text end 56.8     new text begin Subd. 3. new text end new text begin Use of money in account. new text end new text begin Money credited to the invasive species account new text end 56.9 new text begin in subdivision 2 shall be used for management of invasive species and implementation of new text end 56.10 new text begin this chapter as it pertains to invasive species, including control, public awareness, law new text end 56.11 new text begin enforcement, assessment and monitoring, management planning, and research. new text end 56.12    Sec. 39. Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision 56.13to read: 56.14     new text begin Subd. 11b. new text end new text begin Greenleaf Lake State Recreation Area, which is hereby renamed from new text end 56.15 new text begin Greenleaf Lake State Park. new text end 56.16    Sec. 40. new text begin [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; new text end 56.17 new text begin CITIZENS ADVISORY COUNCIL. new text end 56.18     new text begin Subdivision 1. new text end new text begin Advisory council created. new text end new text begin The Cuyuna Country State Recreation new text end 56.19 new text begin Area Citizens Advisory Council is established. Membership on the advisory council new text end 56.20 new text begin shall include: new text end 56.21     new text begin (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers new text end 56.22 new text begin Board; new text end 56.23     new text begin (2) a representative of the Croft Mine Historical Park Joint Powers Board; new text end 56.24     new text begin (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has new text end 56.25 new text begin worked as a miner in the local area; new text end 56.26     new text begin (4) a representative of the Crow Wing County Board; new text end 56.27     new text begin (5) an elected state official; new text end 56.28     new text begin (6) a representative of the Grand Rapids regional office of the Department of Natural new text end 56.29 new text begin Resources; new text end 56.30     new text begin (7) a designee of the Iron Range Resources and Rehabilitation Board; new text end 56.31     new text begin (8) a designee of the local business community selected by the area chambers of new text end 56.32 new text begin commerce; new text end 56.33     new text begin (9) a designee of the local environmental community selected by the Crow Wing new text end 56.34 new text begin County District 5 commissioner; new text end 57.1     new text begin (10) a designee of a local education organization selected by the Crosby-Ironton new text end 57.2 new text begin School Board; new text end 57.3     new text begin (11) a designee of one of the recreation area user groups selected by the Cuyuna new text end 57.4 new text begin Range Chamber of Commerce; and new text end 57.5     new text begin (12) a member of the Cuyuna Country Heritage Preservation Society. new text end 57.6     new text begin Subd. 2. new text end new text begin Administration. new text end new text begin (a) The advisory council must meet at least four times new text end 57.7 new text begin annually. The council shall elect a chair and meetings shall be at the call of the chair. new text end 57.8     new text begin (b) Members of the advisory council shall serve as volunteers for two-year terms new text end 57.9 new text begin with the ability to be reappointed. Members shall accept no per diem. new text end 57.10     new text begin (c) The state recreation area manager may attend the council meetings and advise new text end 57.11 new text begin the council of issues in management of the recreation area. new text end 57.12     new text begin (d) Before a major decision is implemented in the Cuyuna Country State Recreation new text end 57.13 new text begin Area, the area manager must consult with the council and take into consideration any new text end 57.14 new text begin council comments or advice that may impact the major decision. new text end 57.15    Sec. 41. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 57.16to read: 57.17     new text begin Subd. 13. new text end new text begin Cuyuna Country State Recreation Area. new text end new text begin A state park permit is not new text end 57.18 new text begin required and a fee may not be charged for motor vehicle entry or parking at Croft Mine new text end 57.19 new text begin Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation new text end 57.20 new text begin Area, except for overnight camping. new text end 57.21    Sec. 42. Minnesota Statutes 2006, section 85.32, subdivision 1, is amended to read: 57.22    Subdivision 1. Areas marked. The commissioner of natural resources is authorized 57.23in cooperation with local units of government and private individuals and groups when 57.24feasible to mark canoe and boating routes on the Little Fork, Big Fork, Minnesota, 57.25St. Croix, Snake, Mississippi, Red Lake, Cannon, Straight, Des Moines, Crow Wing, 57.26St. Louis, Pine, Rum, Kettle, Cloquet, Root, Zumbro, Pomme de Terre within Swift 57.27County, Watonwan, Cottonwood, Whitewater, Chippewa from Benson in Swift County 57.28to Montevideo in Chippewa County, Long Prairie, Red River of the North, Sauk, Otter 57.29Tail, new text begin Redwood, new text end and Crow Rivers which have historic and scenic values and to mark 57.30appropriately points of interest, portages, camp sites, and all dams, rapids, waterfalls, 57.31whirlpools, and other serious hazards which are dangerous to canoe and watercraft 57.32travelers. 57.33    Sec. 43. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read: 58.1    Subd. 2. Money deposited in account. The following shall be deposited in the state 58.2treasury and credited to the water recreation account: 58.3    (1) fees and surcharges from titling and licensing of watercraft under this chapter; 58.4    (2) fines, installment payments, and forfeited bail according to section 86B.705, 58.5subdivision 2 ; 58.6    (3) civil penalties according to section ; 58.7    (4) mooring fees and receipts from the sale of marine gas at state-operated or 58.8state-assisted small craft harbors and mooring facilities according to section 86A.21; 58.9    (5) new text begin (4) new text end the unrefunded gasoline tax attributable to watercraft use under section 58.10296A.18 ; and 58.11    (6) new text begin (5) new text end fees for permits issued to control or harvest aquatic plants other than wild 58.12rice under section 103G.615, subdivision 2. 58.13    Sec. 44. Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision 58.14to read: 58.15     new text begin Subd. 27. new text end new text begin Community forest. new text end new text begin "Community forest" means public and private trees new text end 58.16 new text begin and associated plants occurring individually, in small groups, or under forest conditions new text end 58.17 new text begin within a municipality. new text end 58.18    Sec. 45. Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read: 58.19    Subdivision 1. Employment of competent foresters; service to private owners. 58.20    The commissioner of natural resources may employ competent foresters to furnish owners 58.21of forest lands within the state of Minnesota who own not more than 1,000 acres of forest 58.22land, forest management services consisting of: 58.23    (1) advice in management and protection of timber, including written stewardship 58.24and forest management plans; 58.25    (2) selection and marking of timber to be cut; 58.26    (3) measurement of products; 58.27    (4) aid in marketing harvested products; 58.28    (5) provision of tree-planting equipment; and 58.29    (6) new text begin advice in community forest management; and new text end 58.30     new text begin (7) new text end such other services as the commissioner of natural resources deems necessary 58.31or advisable to promote maximum sustained yield of timber new text begin and other benefits new text end upon 58.32such forest lands. 58.33    Sec. 46. Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read: 59.1    Subd. 2. Charge for service; receipts to special revenue fund. The commissioner 59.2of natural resources may charge the owner receiving such services such sums as the 59.3commissioner shall determine to be fair and reasonable. The charges must account for 59.4differences in the value of timber new text begin and other benefits new text end . The receipts from such services shall 59.5be credited to the special revenue fund and are annually appropriated to the commissioner 59.6for the purposes specified in subdivision 1. 59.7    Sec. 47. Minnesota Statutes 2006, section 88.82, is amended to read: 59.888.82 MINNESOTA RELEAF PROGRAM. 59.9    The Minnesota releaf program is established in the Department of Natural Resources 59.10to encourage, promote, and fund the new text begin inventory, new text end planting, new text begin assessment, new text end maintenance, and 59.11improvement new text begin , protection, and restoration new text end of trees new text begin and forest resources new text end in this state to 59.12 new text begin enhance community forest ecosystem health and sustainability as well as to new text end reduce 59.13atmospheric carbon dioxide levels and promote energy conservation. 59.14    Sec. 48. Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read: 59.15    Subd. 8. Forest resources. "Forest resources" means those natural assets of forest 59.16lands, including timber and other forest crops; biological diversity; recreation; fish and 59.17wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; new text begin climate; new text end 59.18and educational, aesthetic, and historic values. 59.19    Sec. 49. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 59.20to read: 59.21     new text begin Subd. 15. new text end new text begin Forest pest. new text end new text begin "Forest pest" means any vertebrate or invertebrate animal, new text end 59.22 new text begin plant pathogen, or plant that is determined by the commissioner to be harmful, injurious, new text end 59.23 new text begin or destructive to forests or timber. new text end 59.24    Sec. 50. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 59.25to read: 59.26     new text begin Subd. 16. new text end new text begin Shade tree pest. new text end new text begin "Shade tree pest" means any vertebrate or invertebrate new text end 59.27 new text begin animal, plant pathogen, or plant that is determined by the commissioner to be harmful, new text end 59.28 new text begin injurious, or destructive to shade trees or community forests. new text end 59.29    Sec. 51. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 59.30to read: 59.31     new text begin Subd. 17. new text end new text begin Community forest. new text end new text begin "Community forest" has the meaning given under new text end 59.32 new text begin section 88.01, subdivision 27. new text end 60.1    Sec. 52. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 60.2to read: 60.3     new text begin Subd. 18. new text end new text begin Shade tree. new text end new text begin "Shade tree" means a woody perennial grown primarily new text end 60.4 new text begin for aesthetic or environmental purposes. new text end 60.5    Sec. 53. Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read: 60.6    Subdivision 1. Best methods. The commissioner shall ascertain and observe the 60.7best methods of reforesting cutover and denuded lands, foresting waste lands, preventing 60.8destruction new text begin minimizing loss or damage new text end of forests and lands new text begin forest resources new text end by fire, new text begin forest new text end 60.9 new text begin pests, or shade tree pests, new text end administering forests on forestry principles, encouraging private 60.10owners to preserve and grow new text begin trees or new text end timber for commercial new text begin or other new text end purposes, and 60.11conserving the forests around the head waters of streams and on the watersheds of the state. 60.12    Sec. 54. Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read: 60.13    Subd. 2. General duties. The commissioner shall execute all rules pertaining 60.14to forestry and forest protection within the jurisdiction of the state; have charge of the 60.15work of protecting all forests and lands from fire new text begin , forest pests, and shade tree pests new text end ; 60.16shall investigate the origin of all forest fires; and prosecute all violators as provided by 60.17law; shall prepare and print for public distribution an abstract of the forest fire laws of 60.18Minnesota, together with such rules as may be formulated. 60.19    The commissioner shall prepare printed notices calling attention to the dangers from 60.20forest fires and cause them to be posted in conspicuous places. 60.21    Sec. 55. Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read: 60.22    Subd. 4. Forest plans. The commissioner shall cooperate with the several 60.23departments of the state and federal governments and with counties, towns, new text begin municipalities, new text end 60.24corporations, or individuals in the preparation of plans for forest protection, new text begin and new text end 60.25management, new text begin and planting or new text end replacement of trees, new text begin in new text end wood lots, and new text begin community forests new text end 60.26 new text begin or on new text end timber tracts, using such influence as time will permit toward the establishment of 60.27scientific forestry principles in the management, protection, and promotion of the forest 60.28resources of the state. 60.29    Sec. 56. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read: 60.30    Subd. 2. Receipts to natural resources new text begin special revenue new text end fund. Fees collected under 60.31subdivision 1 shall be credited to a forest land use account in the natural resources fund new text begin new text end 60.32 new text begin the special revenue fund and are annually appropriated to the commissioner to recoup the new text end 61.1 new text begin costs of developing, operating, and maintaining facilities necessary for the specified uses new text end 61.2 new text begin in subdivision 1 or to prevent or mitigate resource impacts of those uses new text end . 61.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2007, and applies to fees new text end 61.4 new text begin collected according to Minnesota Statutes, section 89.22, subdivision 1, after August new text end 61.5 new text begin 1, 2006. new text end 61.6    Sec. 57. new text begin [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND new text end 61.7 new text begin SERVICES ACCOUNT. new text end 61.8     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The forest resource assessment products and services new text end 61.9 new text begin account is created in the state treasury in the natural resources fund. new text end 61.10     new text begin Subd. 2. new text end new text begin Receipts. new text end new text begin Money received from forest resource assessment product sales new text end 61.11 new text begin and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; new text end 61.12 new text begin and 84.0855 shall be credited to the forest resource assessment products and services new text end 61.13 new text begin account. Forest resource assessment products and services include the sale of aerial new text end 61.14 new text begin photography, remote sensing, and satellite imagery products and services. new text end 61.15     new text begin Subd. 3. new text end new text begin Use of money in account. new text end new text begin Money credited to the forest resource new text end 61.16 new text begin assessment products and services account under subdivision 2 is annually appropriated to new text end 61.17 new text begin the commissioner and shall be used to maintain the staff and facilities producing the aerial new text end 61.18 new text begin photography, remote sensing, and satellite imagery products and services. new text end 61.19    Sec. 58. Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read: 61.20    Subdivision 1. Applicability. For the purposes of sections 89.51 to new text begin 89.64 new text end the 61.21terms described in this section have the meanings ascribed to them. 61.22    Sec. 59. Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read: 61.23    Subd. 6. Infestation. new text begin " new text end Infestation, new text begin " new text end includes actual, potential, incipient new text begin , new text end or 61.24emergency new text begin emergent new text end infestation or infection by forest new text begin pests or shade tree new text end pests. 61.25    Sec. 60. Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read: 61.26    Subd. 9. Forest land or forest. new text begin " new text end Forest land new text begin " new text end or new text begin " new text end forest, new text begin " new text end means land on which 61.27occurs a stand or potential stand of trees valuable for timber products, watershed or 61.28wildlife protection, recreational uses new text begin , community forest benefits, new text end or other purposes, and 61.29shall include lands owned or controlled by the state of Minnesota. 61.30    Sec. 61. Minnesota Statutes 2006, section 89.52, is amended to read: 61.3189.52 SURVEYS, INVESTIGATIONS. 62.1    The commissioner shall make surveys and investigations to determine the presence 62.2of infestations of forest new text begin pests or shade tree new text end pests. For this purpose new text begin , new text end duly designated 62.3representatives of the commissioner may enter at reasonable times on public and private 62.4lands for the purpose of conducting such new text begin to conduct the new text end surveys and investigations. 62.5    Sec. 62. Minnesota Statutes 2006, section 89.53, is amended to read: 62.689.53 CONTROL OF FOREST new text begin PESTS AND SHADE TREE new text end PESTS. 62.7    Subdivision 1. Commissioner's duties; notice of control measures. Whenever the 62.8commissioner finds that an area in the state is infested or threatened to be infested with 62.9forest new text begin pests or shade tree new text end pests, the commissioner shall determine whether measures of 62.10control are needed and are available new text begin , what control measures are to be applied, new text end and the area 62.11over which the control measures shall be applied. The commissioner shall prescribe 62.12a proposed zone of infestation covering the area in which control measures are to be 62.13applied and shall publish notice of the proposal once a week, for two successive weeks 62.14in a newspaper having a general circulation in each county located in whole or in part 62.15in the proposed zone of infestation. Prescribing zones of infestation is new text begin and prescribing new text end 62.16 new text begin measures of control are new text end exempt from the rulemaking provisions of chapter 14 and section 62.1714.386 does not apply. 62.18    Subd. 2. Notice requirements; public comment. The notice shall include a 62.19description of the boundaries of the proposed zone of infestation new text begin , the control measures new text end 62.20 new text begin to be applied, new text end and a time and place where new text begin municipalities and new text end owners of forest lands new text begin or new text end 62.21 new text begin shade trees new text end in the zone may show cause orally or in writing why the zone new text begin and control new text end 62.22 new text begin measures new text end should or should not be established. The commissioner shall consider any 62.23statements received in determining whether the zone shall be established new text begin and the control new text end 62.24 new text begin measures applied new text end . 62.25     new text begin Subd. 3. new text end new text begin Experimental programs. new text end new text begin The commissioner may establish experimental new text end 62.26 new text begin programs for the control of forest pests or shade tree pests and for municipal reforestation. new text end 62.27    Sec. 63. Minnesota Statutes 2006, section 89.54, is amended to read: 62.2889.54 ZONES OF INFESTATION, ESTABLISHMENT. 62.29    Upon the decision by the commissioner that the establishment of a zone new text begin of new text end 62.30 new text begin infestation new text end is necessary, the commissioner shall make a written order establishing said 62.31 new text begin the new text end zone, and upon making said new text begin the new text end order, said new text begin the new text end zone shall be established. Notice of the 62.32establishment of the zone shall thereupon be published in a newspaper having a general 63.1circulation in each county located in whole or in part in the proposed zone new text begin and posted on new text end 63.2 new text begin the Department of Natural Resources Web site new text end . 63.3    Sec. 64. Minnesota Statutes 2006, section 89.55, is amended to read: 63.489.55 INFESTATION CONTROL, COSTS. 63.5    Upon the establishment of the zone of infestation, the commissioner may apply 63.6measures of infestation new text begin prevention and new text end control on public and private forest and other 63.7lands within such zone and to any trees, timber, plants or shrubs thereon new text begin , wood or wood new text end 63.8 new text begin products, or contaminated soil new text end harboring or which may harbor the forest new text begin pests or shade new text end 63.9 new text begin tree new text end pests. For this purpose, the duly authorized representatives of the commissioner 63.10are authorized to enter upon any lands, public or private within such new text begin the new text end zone. The 63.11commissioner may enter into agreements with owners of the lands in the zone covering 63.12the control work on their lands, and fixing the pro rata basis on which the cost of such new text begin the new text end 63.13work will be shared between the commissioner and said new text begin the new text end owner. 63.14    Sec. 65. Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read: 63.15    Subdivision 1. Statement of expenses; cost to owners. At the end of each fiscal 63.16year and upon completion of the infestation control measures in any zone of infestation, 63.17the commissioner shall prepare a certified statement of expenses incurred in carrying 63.18out such new text begin the new text end measures, including expenses of owners covered by agreements entered 63.19into pursuant to section 89.55. The statement shall show the amount which new text begin that new text end the 63.20commissioner determines to be its new text begin the commissioner's new text end share of the expenses. The share of 63.21the commissioner may include funds and the value of other contributions made available 63.22by the federal government and other cooperators. The balance of such new text begin the new text end costs shall 63.23constitute a charge on an acreage basis as provided herein against the owners of lands in 63.24the zone containing trees valuable or potentially valuable for commercial timber purposes 63.25and affected or likely to be affected by the forest new text begin pests or shade tree new text end pests for which control 63.26measures were conducted. In fixing the rates at which charges shall be made against each 63.27owner, the commissioner shall consider the present commercial value of the trees on the 63.28land, the present and potential benefits to such new text begin the new text end owner from the application of the 63.29control measures, and the cost of applying such new text begin the new text end measures to the land, and such other 63.30factors as in the discretion of the commissioner will enable determination of an equitable 63.31distribution of the cost to all such owners. No charge shall be made against owners to the 63.32extent that they have individually or as members of a cooperative association contributed 63.33funds, supplies new text begin , new text end or services pursuant to agreement under this section. 63.34    Sec. 66. Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read: 64.1    Subd. 3. Collection. The unpaid charges assessed under sections 89.51 to new text begin new text end 64.2 new text begin 89.64 new text end and the actions of the commissioner on any protests filed pursuant to subdivision 2, 64.3shall be reported to the tax levying authority for the county in which the lands for which 64.4the charges are assessed are situated and shall be made a public record. Any charges 64.5finally determined to be due shall become a special assessment and shall be payable 64.6in the same manner and with the same interest and penalty charges and with the same 64.7procedure for collection as apply to ad valorem property taxes. Upon collection of the 64.8charges new text begin , new text end the county treasurer shall forthwith cause the amounts thereof to be paid to the 64.9forest new text begin pest and shade tree new text end pest control fund new text begin account new text end created by section 89.58. Any unpaid 64.10charge or lien against the lands shall not be affected by the sale thereof or by dissolution 64.11of the zone of infestation. 64.12    Sec. 67. Minnesota Statutes 2006, section 89.57, is amended to read: 64.1389.57 DISSOLUTION OF ZONE INFESTATION. 64.14    Whenever the commissioner shall determine that forest new text begin pest or shade tree new text end pest 64.15control work within an established zone of infestation is no longer necessary or feasible, 64.16the commissioner shall dissolve the zone. 64.17    Sec. 68. Minnesota Statutes 2006, section 89.58, is amended to read: 64.1889.58 FOREST new text begin PEST AND SHADE TREE new text end PEST CONTROL ACCOUNT. 64.19    All money collected under the provisions of sections 89.51 to new text begin 89.64, new text end together 64.20with such money as may be appropriated by the legislature or allocated by the Legislative 64.21Advisory Commission for the purposes of sections 89.51 to , and such money 64.22as may be contributed or paid by the federal government, or any other public or private 64.23agency, organization or individual, shall be deposited in the state treasury, to the credit 64.24of the forest new text begin pest and shade tree new text end pest control account, which account is hereby created, 64.25and any moneys therein are appropriated to the commissioner for use in carrying out the 64.26purposes hereof new text begin of sections 89.51 to 89.64 new text end . 64.27    Sec. 69. Minnesota Statutes 2006, section 89.59, is amended to read: 64.2889.59 COOPERATION. 64.29    The commissioner may cooperate with the United States or agencies thereof, other 64.30agencies of the state, county or municipal governments, agencies of neighboring states new text begin , new text end or 64.31other public or private organizations or individuals and may accept such funds, equipment, 64.32supplies new text begin , new text end or services from cooperators and others as it new text begin the commissioner new text end may provide in 65.1agreements with the United States or its agencies for matching of federal funds as required 65.2under laws of the United States relating to forest new text begin pests and shade tree new text end pests. 65.3    Sec. 70. Minnesota Statutes 2006, section 89.60, is amended to read: 65.489.60 DUTIES, RULES; COMMISSIONER. 65.5    The commissioner is authorized to employ personnel in accordance with the laws of 65.6this state, to procure necessary equipment, supplies new text begin , new text end and service, to enter into contracts, to 65.7provide funds to any agency of the United States for work or services under sections 89.51 65.8to new text begin 89.64 new text end , and to designate or appoint, as its new text begin the commissioner's new text end representatives, 65.9employees of its cooperators new text begin , new text end including employees of the United States or any agency 65.10thereof. The commissioner may prescribe rules for carrying out the purposes hereof new text begin new text end 65.11 new text begin of this section new text end . 65.12    Sec. 71. Minnesota Statutes 2006, section 89.61, is amended to read: 65.1389.61 ACT SUPPLEMENTAL. 65.14    Provisions of sections 89.51 to new text begin 89.64 new text end are supplementary to and not to be 65.15construed to repeal existing legislation. 65.16    Sec. 72. new text begin [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM. new text end 65.17     new text begin Subdivision 1. new text end new text begin Grants. new text end new text begin The commissioner may make grants to aid in the control of new text end 65.18 new text begin a shade tree pest. To be eligible, a grantee must have a pest control program approved new text end 65.19 new text begin by the commissioner that: new text end 65.20     new text begin (1) defines tree ownership and who is responsible for the costs associated with new text end 65.21 new text begin control measures; new text end 65.22     new text begin (2) defines the zone of infestation within which the control measures are to be new text end 65.23 new text begin applied; new text end 65.24     new text begin (3) includes a tree inspector certified under section 89.63 and having the authority to new text end 65.25 new text begin enter and inspect private lands; new text end 65.26     new text begin (4) has the means to enforce measures needed to limit the spread of shade tree new text end 65.27 new text begin pests; and new text end 65.28     new text begin (5) provides that grant money received will be deposited in a separate fund to be new text end 65.29 new text begin spent only for the purposes authorized by this section. new text end 65.30     new text begin Subd. 2. new text end new text begin Grant eligibility. new text end new text begin The following are eligible for grants under this section: new text end 65.31     new text begin (1) a home rule charter or statutory city or a town that exercises municipal powers new text end 65.32 new text begin under section 368.01 or any general or special law; new text end 65.33     new text begin (2) a special park district organized under chapter 398; new text end 66.1     new text begin (3) a special-purpose park and recreation board; new text end 66.2     new text begin (4) a soil and water conservation district; new text end 66.3     new text begin (5) a county; or new text end 66.4     new text begin (6) any other organization with the legal authority to enter into contractual new text end 66.5 new text begin agreements. new text end 66.6     new text begin Subd. 3. new text end new text begin Rules; applicability to municipalities. new text end new text begin The rules and procedures adopted new text end 66.7 new text begin under this section by the commissioner apply in a municipality unless the municipality new text end 66.8 new text begin adopts an ordinance determined by the commissioner to be more stringent than the rules new text end 66.9 new text begin and procedures of the commissioner. The rules and procedures of the commissioner or new text end 66.10 new text begin the municipality apply to all state agencies, special purpose districts, and metropolitan new text end 66.11 new text begin commissions as defined in section 473.121, subdivision 5a, that own or control land new text end 66.12 new text begin adjacent to or within a zone of infestation. new text end 66.13    Sec. 73. new text begin [89.63] CERTIFICATION OF TREE INSPECTORS. new text end 66.14     new text begin (a) The governing body of a municipality may appoint a qualified tree inspector. new text end 66.15 new text begin Two or more municipalities may jointly appoint a tree inspector for the purpose of new text end 66.16 new text begin administering their respective pest control programs. new text end 66.17     new text begin (b) Upon a determination by the commissioner that a candidate for the position new text end 66.18 new text begin of tree inspector is qualified, the commissioner shall issue a certificate of qualification new text end 66.19 new text begin to the tree inspector. The certificate is valid for one year. A person certified as a tree new text end 66.20 new text begin inspector by the commissioner may enter and inspect any public or private property that new text end 66.21 new text begin might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree new text end 66.22 new text begin inspector certification workshop, upon completion of which participants are qualified new text end 66.23 new text begin as tree inspectors. new text end 66.24     new text begin (c) The commissioner may suspend and, upon notice and hearing, decertify a new text end 66.25 new text begin tree inspector if the tree inspector fails to act competently or in the public interest in new text end 66.26 new text begin the performance of duties. new text end 66.27    Sec. 74. new text begin [89.64] EXEMPTIONS. new text end 66.28     new text begin This chapter does not supersede the authority of the Department of Agriculture new text end 66.29 new text begin under chapter 18G. new text end 66.30    Sec. 75. Minnesota Statutes 2006, section 89A.11, is amended to read: 66.3189A.11 REPEALER. 66.32    Sections 89A.01; 89A.02; 89A.03; 89A.04; 89A.05; 89A.06; 89A.07; 89A.08; 66.3389A.09 ; 89A.10; and 89A.11 new text begin , new text end are repealed June 30, 2007 new text begin 2017 new text end . 67.1    Sec. 76. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision 67.2to read: 67.3     new text begin Subd. 4. new text end new text begin Change of security. new text end new text begin Prior to any harvest activity, or activities incidental new text end 67.4 new text begin to the preparation for harvest, a purchaser having posted a bond for 100 percent of the new text end 67.5 new text begin purchase price of a sale may request the release of the bond and the commissioner shall new text end 67.6 new text begin grant the release upon cash payment to the commissioner of 15 percent of the appraised new text end 67.7 new text begin value of the sale, plus eight percent interest on the appraised value of the sale from the new text end 67.8 new text begin date of purchase to the date of release. new text end 67.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 67.10    Sec. 77. Minnesota Statutes 2006, section 93.0015, subdivision 3, is amended to read: 67.11    Subd. 3. Expiration. Notwithstanding section 15.059, subdivision 5, or other law to 67.12the contrary, the committee expires June 30, 2007 new text begin 2011 new text end . 67.13    Sec. 78. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read: 67.14    Subdivision 1. Generally. new text begin (a) new text end All payments under sections 93.14 to 93.285 shall 67.15be made to the Department of Natural Resources and shall be credited according to this 67.16section. 67.17    (a) If the lands or minerals and mineral rights covered by a lease are held by the state 67.18by virtue of an act of Congress, payments made under the lease shall be credited to the 67.19permanent fund of the class of land to which the leased premises belong. 67.20    (b) If a lease covers the bed of navigable waters, payments made under the lease 67.21shall be credited to the permanent school fund of the state. 67.22    (c) If the lands or minerals and mineral rights covered by a lease are held by the 67.23state in trust for the taxing districts, payments made under the lease shall be distributed 67.24annually on the first day of September as follows: 67.25    (1) 20 percent to the general fund; and 67.26    (2) 80 percent to the respective counties in which the lands lie, to be apportioned 67.27among the taxing districts interested therein as follows: county, three-ninths; town or city, 67.28two-ninths; and school district, four-ninths. 67.29    (d) Except as provided under this section and except where the disposition of 67.30payments may be otherwise directed by law, all payments shall be paid into the general 67.31fund of the state. 67.32     new text begin (b) Twenty percent of all payments under sections new text end new text begin to new text end new text begin shall be new text end 67.33 new text begin credited to the minerals management account in the natural resources fund as costs for new text end 68.1 new text begin the administration and management of state mineral resources by the commissioner of new text end 68.2 new text begin natural resources. new text end 68.3     new text begin (c) The remainder of the payments shall be credited as follows: new text end 68.4     new text begin (1) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 68.5 new text begin by virtue of an act of Congress, payments made under the lease shall be credited to the new text end 68.6 new text begin permanent fund of the class of land to which the leased premises belong; new text end 68.7     new text begin (2) if a lease covers the bed of navigable waters, payments made under the lease new text end 68.8 new text begin shall be credited to the permanent school fund of the state; new text end 68.9     new text begin (3) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 68.10 new text begin in trust for the taxing districts, payments made under the lease shall be distributed annually new text end 68.11 new text begin on the first day of September to the respective counties in which the lands lie, to be new text end 68.12 new text begin apportioned among the taxing districts interested therein as follows: county, three-ninths; new text end 68.13 new text begin town or city, two-ninths; and school district, four-ninths; new text end 68.14     new text begin (4) if the lands or mineral rights covered by a lease became the absolute property of new text end 68.15 new text begin the state under the provisions of chapter 84A, payments made under the lease shall be new text end 68.16 new text begin distributed as follows: county containing the land from which the income was derived, new text end 68.17 new text begin five-eighths; and general fund of the state, three-eighths; and new text end 68.18     new text begin (5) except as provided under this section and except where the disposition of new text end 68.19 new text begin payments may be otherwise directed by law, payments made under a lease shall be paid new text end 68.20 new text begin into the general fund of the state. new text end 68.21    Sec. 79. Minnesota Statutes 2006, section 97A.045, is amended by adding a 68.22subdivision to read: 68.23     new text begin Subd. 12. new text end new text begin Establishing fees. new text end new text begin Notwithstanding section 16A.1283, the commissioner new text end 68.24 new text begin may, by written order published in the State Register, establish fees providing for the use new text end 68.25 new text begin of state wildlife management area or aquatic management area lands for specific purposes, new text end 68.26 new text begin including dog trials, special events, and commercial uses. The fees are not subject to the new text end 68.27 new text begin rulemaking provisions of chapter 14 and section 14.386 does not apply. new text end 68.28    Sec. 80. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read: 68.29    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 68.30the commissioner shall submit to the legislative committees having jurisdiction over 68.31appropriations and the environment and natural resources reports on each of the following: 68.32    (1) the amount of revenue from the following and purposes for which expenditures 68.33were made: 68.34    (i) the small game license surcharge under section 97A.475, subdivision 4; 69.1    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 69.25 , clause (1); 69.3    (iii) the trout and salmon stamp under section 97A.475, subdivision 10; 69.4    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); and 69.5    (v) the turkey stamp under section 97A.475, subdivision 5, clause (3); new text begin and new text end 69.6     new text begin (vi) the deer license donations and surcharges under section 97A.475, subdivisions new text end 69.7 new text begin 3, paragraph (b), and 3a; new text end 69.8    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 69.9(c), and the purposes for which these amounts were spent; 69.10    (3) money credited to the game and fish fund under this section and purposes for 69.11which expenditures were made from the fund; 69.12    (4) outcome goals for the expenditures from the game and fish fund; and 69.13    (5) summary and comments of citizen oversight committee reviews under 69.14subdivision 4b. 69.15    (b) The report must include the commissioner's recommendations, if any, for 69.16changes in the laws relating to the stamps and surcharge referenced in paragraph (a). 69.17    Sec. 81. Minnesota Statutes 2006, section 97A.065, is amended by adding a 69.18subdivision to read: 69.19     new text begin Subd. 6. new text end new text begin Deer license donations and surcharges. new text end new text begin (a) The surcharges and donations new text end 69.20 new text begin collected under section 97A.475, subdivision 3, paragraph (b), and subdivision 3a, new text end 69.21 new text begin shall be deposited in an account in the special revenue fund and are appropriated to new text end 69.22 new text begin the commissioner for deer management, including for grants or payments to agencies, new text end 69.23 new text begin organizations, or individuals for assisting with the cost of processing deer taken for new text end 69.24 new text begin population management purposes for venison donation programs. None of the additional new text end 69.25 new text begin license fees shall be transferred to any other agency for administration of programs other new text end 69.26 new text begin than venison donation. If any money transferred by the commissioner is not used for a new text end 69.27 new text begin venison donation program, it shall be returned to the commissioner. new text end 69.28     new text begin (b) By February 10, 2010, the commissioner shall report to the legislature on the new text end 69.29 new text begin participation in and the effectiveness of the venison donation program. new text end 69.30    Sec. 82. Minnesota Statutes 2006, section 97A.133, is amended by adding a 69.31subdivision to read: 69.32     new text begin Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County. new text end 69.33    Sec. 83. Minnesota Statutes 2006, section 97A.205, is amended to read: 69.3497A.205 ENFORCEMENT OFFICER POWERS. 70.1    An enforcement officer is authorized to: 70.2    (1) execute and serve court issued warrants and processes relating to wild animals, 70.3wild rice, public waters, water pollution, conservation, and use of water, in the same 70.4manner as a sheriff; 70.5    (2) enter any land to carry out the duties and functions of the division; 70.6    (3) make investigations of violations of the game and fish laws; 70.7    (4) take an affidavit, if it aids an investigation; 70.8    (5) arrest, without a warrant, a person who is detected in the actual violation of the 70.9game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 70.10103F, 103G, sections 86B.001 to 86B.815, 89.51 to ; or 609.66, subdivision 1, 70.11clauses (1), (2), (5), and (7); and 609.68; and 70.12    (6) take an arrested person before a court in the county where the offense was 70.13committed and make a complaint. 70.14    Nothing in this section grants an enforcement officer any greater powers than other 70.15licensed peace officers. 70.16    Sec. 84. Minnesota Statutes 2006, section 97A.405, subdivision 2, is amended to read: 70.17    Subd. 2. Personal possession. (a) A person acting under a license or traveling from 70.18an area where a licensed activity was performed must have in personal possession either: 70.19(1) the proper license, if the license has been issued to and received by the person; or (2) 70.20the proper license identification number or stamp validation, if the license has been sold to 70.21the person by electronic means but the actual license has not been issued and received. 70.22    (b) If possession of a license or a license identification number is required, a person 70.23must exhibit, as requested by a conservation officer or peace officer, either: (1) the proper 70.24license if the license has been issued to and received by the person; or (2) the proper 70.25license identification number or stamp validation and a valid state driver's license, state 70.26identification card, or other form of identification provided by the commissioner, if the 70.27license has been sold to the person by electronic means but the actual license has not 70.28been issued and received. 70.29    (c) If the actual license has been issued and received, a receipt for license fees, a 70.30copy of a license, or evidence showing the issuance of a license, including the license 70.31identification number or stamp validation, does not entitle a licensee to exercise the rights 70.32or privileges conferred by a license. 70.33    (d) A license or stamp issued electronically and not immediately provided to the 70.34licensee shall be mailed to the licensee within 30 days of purchase of the license or stamp 70.35validation, except for a pictorial turkey stamp or a pictorial trout and salmon stamp. A 71.1pictorial turkey stamp or a pictorial new text begin , migratory waterfowl, pheasant, or new text end trout and salmon 71.2stamp shall be mailed new text begin provided new text end to the licensee after purchase of a license or stamp 71.3validation only if the licensee pays an additional $2 fee. 71.4    Sec. 85. Minnesota Statutes 2006, section 97A.411, subdivision 1, is amended to read: 71.5    Subdivision 1. License period. (a) Except as provided in paragraphs (b), (c), and 71.6(d) new text begin , and (e) new text end , a license is valid during the lawful time within the license year that the 71.7licensed activity may be performed. A license year begins on the first day of March and 71.8ends on the last day of February. 71.9    (b) A license issued under section 97A.475, subdivision 6, clause (5), 97A.475, 71.10subdivision 7 , clause (2), (3), (5), or (6), or 97A.475, subdivision 12, clause (2), is valid 71.11for the full license period even if this period extends into the next license year, provided 71.12that the license period selected by the licensee begins at the time of issuance. 71.13    (c) When the last day of February falls on a Saturday, an annual resident or 71.14nonresident fish house or dark house license, including a rental fish house or dark house 71.15license, obtained for the license year covering the last day of February, is valid through 71.16Sunday, March 1 and the angling license of the fish house licensee is extended through 71.17March 1. 71.18    (d) A lifetime license issued under section 97A.473 or 97A.474 is valid during the 71.19lawful time within the license year that the licensed activity may be performed for the 71.20lifetime of the licensee. 71.21     new text begin (e) A three-year fish house or dark house license is valid during the license year that new text end 71.22 new text begin it is purchased and the two succeeding license years. new text end 71.23    Sec. 86. Minnesota Statutes 2006, section 97A.451, subdivision 3a, is amended to read: 71.24    Subd. 3a. Nonresidents under age 16 new text begin 18 new text end ; small game. (a) A nonresident under 71.25age 16 new text begin 18 new text end may obtain a small game license at the resident fee new text begin under section 97A.475, new text end 71.26 new text begin subdivision 2, clause (2), new text end if the nonresident: 71.27    (1) possesses a firearms safety certificate; or 71.28    (2) if age 13 or under, is accompanied by a parent or guardian when purchasing 71.29the license. 71.30    (b) A nonresident age 13 or under must be accompanied by a parent or guardian 71.31to take small game. A nonresident age 12 or under is not required to possess a firearms 71.32safety certificate under section 97B.020 to take small game. 71.33    Sec. 87. Minnesota Statutes 2006, section 97A.465, is amended by adding a 71.34subdivision to read: 72.1     new text begin Subd. 1a. new text end new text begin Spouses of residents on active military duty. new text end new text begin Notwithstanding section new text end 72.2 new text begin 97A.405, subdivision 5, the spouse of a resident who is on active military duty may obtain new text end 72.3 new text begin resident hunting and fishing licenses. new text end 72.4    Sec. 88. Minnesota Statutes 2006, section 97A.465, is amended by adding a 72.5subdivision to read: 72.6     new text begin Subd. 1b. new text end new text begin Residents discharged from active service. new text end new text begin (a) A resident who has served new text end 72.7 new text begin at any time during the preceding 24 months in federal active service, as defined in section new text end 72.8 new text begin 190.05, subdivision 5c, outside the United States as a member of the National Guard, or as new text end 72.9 new text begin a reserve component or active duty member of the United States armed forces and has new text end 72.10 new text begin been discharged from active service may take small game and fish without a license if the new text end 72.11 new text begin resident possesses official military discharge papers. The resident must obtain the seals, new text end 72.12 new text begin tags, and coupons required of a licensee, which must be furnished without charge. new text end 72.13     new text begin (b) The commissioner shall issue, without fee, a deer license to a resident who has new text end 72.14 new text begin served at any time during the preceding 24 months in federal active service, as defined new text end 72.15 new text begin in section 190.05, subdivision 5c, outside the United States as a member of the National new text end 72.16 new text begin Guard, or as a reserve component or active duty member of the United States armed new text end 72.17 new text begin forces and has been discharged from active service. Eligibility under this paragraph is new text end 72.18 new text begin limited to one license per resident. new text end 72.19    Sec. 89. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read: 72.20    Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small 72.21game hunting license authorizes a person to hunt new text begin and trap new text end small game in the state. The 72.22license authorizes those hunting new text begin and trapping new text end activities authorized by the annual resident 72.23small game hunting license new text begin and trapping licenses new text end . The license does not include a turkey 72.24stamp validation or any other hunting stamps required by law. 72.25    (b) The fees for a resident lifetime small game hunting license are: 72.26    (1) age 3 and under, $217; 72.27    (2) age 4 to age 15, $290; 72.28    (3) age 16 to age 50, $363; and 72.29    (4) age 51 and over, $213. 72.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007, and applies new text end 72.31 new text begin retroactively to licenses issued after February 28, 2001. new text end 72.32    Sec. 90. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read: 73.1    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license 73.2authorizes a person to take fish by angling and hunt new text begin and trap new text end small game in the state. 73.3The license authorizes those activities authorized by the annual resident angling and new text begin , new text end 73.4resident small game hunting new text begin , and resident trapping new text end licenses. The license does not include 73.5a trout and salmon stamp validation, a turkey stamp validation, or any other hunting 73.6stamps required by law. 73.7    (b) The fees for a resident lifetime sporting license are: 73.8    (1) age 3 and under, $357; 73.9    (2) age 4 to age 15, $480; 73.10    (3) age 16 to age 50, $613; and 73.11    (4) age 51 and over, $413. 73.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 1, 2007, and applies new text end 73.13 new text begin retroactively to licenses issued after February 28, 2001. new text end 73.14    Sec. 91. Minnesota Statutes 2006, section 97A.475, subdivision 3, is amended to read: 73.15    Subd. 3. Nonresident hunting. new text begin (a) new text end Fees for the following licenses, to be issued 73.16to nonresidents, are: 73.17    (1) new text begin for persons age 18 and older new text end to take small game, $73; 73.18    (2) new text begin for persons age 18 and older new text end to take deer with firearms, $135; 73.19    (3) new text begin for persons age 18 and older new text end to take deer by archery, the greater of: 73.20    (i) an amount equal to the total amount of license fees and surcharges charged to a 73.21Minnesota resident to take deer by archery in the person's state or province of residence; or 73.22    (ii) $135; 73.23    (4) to take bear, $195; 73.24    (5) to take turkey, $73; 73.25    (6) to take raccoon, new text begin or new text end bobcat, fox, or coyote, $155; 73.26    (7) multizone license to take antlered deer in more than one zone, $270; and 73.27    (8) to take Canada geese during a special season, $4 new text begin ; new text end 73.28     new text begin (9) for persons at least age 12 and under age 18 to take deer with firearms during the new text end 73.29 new text begin regular firearms season in any open zone or time period, $13; and new text end 73.30     new text begin (10) for persons at least age 12 and under age 18 to take deer by archery, $13 new text end . 73.31     new text begin (b) A $5 surcharge shall be added to nonresident hunting licenses issued under new text end 73.32 new text begin paragraph (a), clauses (1) to (7). An additional commission may not be assessed on this new text end 73.33 new text begin surcharge. new text end 74.1    Sec. 92. Minnesota Statutes 2006, section 97A.475, is amended by adding a 74.2subdivision to read: 74.3     new text begin Subd. 3a. new text end new text begin Deer license surcharge. new text end new text begin A person may agree to add a donation of $1, $3, new text end 74.4 new text begin or $5 to the fees for annual resident and nonresident licenses to take deer by firearms or new text end 74.5 new text begin archery established under subdivisions 2, clauses (4), (5), (9), and (11), and 3, clauses (2), new text end 74.6 new text begin (3), and (7). Beginning March 1, 2008, fees for bonus licenses to take deer by firearms or new text end 74.7 new text begin archery established under section 97B.301, subdivision 4, must be increased by a surcharge new text end 74.8 new text begin of $1. An additional commission may not be assessed on the donation or surcharge and new text end 74.9 new text begin the following statement must be included in the annual deer hunting regulations: "The new text end 74.10 new text begin deer license donations and surcharges are being paid by hunters for deer management, new text end 74.11 new text begin including assisting with the costs of processing deer donated for charitable purposes." new text end 74.12    Sec. 93. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read: 74.13    Subd. 7. Nonresident fishing. new text begin (a) new text end Fees for the following licenses, to be issued 74.14to nonresidents, are: 74.15    (1) to take fish by angling, $34 new text begin $37.50 new text end ; 74.16    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 74.17$24 new text begin $26.50 new text end ; 74.18    (3) to take fish by angling for a 72-hour period selected by the licensee, $20 new text begin $22 new text end ; 74.19    (4) to take fish by angling for a combined license for a family for one or both parents 74.20and dependent children under the age of 16, $46 new text begin $50.50 new text end ; 74.21    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and 74.22    (6) to take fish by angling for a combined license for a married couple, limited to 14 74.23consecutive days selected by one of the licensees, $35 new text begin $38.50 new text end . 74.24     new text begin (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses new text end 74.25 new text begin issued under paragraph (a), clause (5). An additional commission may not be assessed new text end 74.26 new text begin on this surcharge. new text end 74.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2008. new text end 74.28    Sec. 94. Minnesota Statutes 2006, section 97A.475, subdivision 11, is amended to read: 74.29    Subd. 11. Fish houses and dark houses; residents. Fees for the following licenses 74.30are: 74.31    (1) new text begin annual new text end for a fish house or dark house that is not rented, $11.50; and 74.32    (2) new text begin annual new text end for a fish house or dark house that is rented, $26 new text begin ; new text end 74.33     new text begin (3) three-year for a fish house or dark house that is not rented, $34.50; and new text end 74.34     new text begin (4) three-year for a fish house or dark house that is rented, $78 new text end . 75.1    Sec. 95. Minnesota Statutes 2006, section 97A.475, subdivision 12, is amended to read: 75.2    Subd. 12. Fish houses; nonresident. Fees for fish house licenses for a nonresident 75.3are: 75.4    (1) annual, $33; and 75.5    (2) seven consecutive days, $19 new text begin ; and new text end 75.6     new text begin (3) three-year, $99 new text end . 75.7    Sec. 96. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read: 75.8    Subd. 7. Electronic licensing system commission. The commissioner shall retain 75.9for the operation of the electronic licensing system the commission established under 75.10section 84.027, subdivision 15, and issuing fees collected by the commissioner on all 75.11license fees collected, excluding: 75.12    (1) the small game surcharge; and 75.13    (2) new text begin the deer license surcharges or donations under section 97A.475, subdivisions 3, new text end 75.14 new text begin paragraph (b), and 3a; and new text end 75.15     new text begin (3) new text end $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, 75.16clauses (1) , (2), and (4), 7, 8, 12, and 13. 75.17    Sec. 97. new text begin [97B.303] VENISON DONATIONS. new text end 75.18     new text begin An individual who legally takes a deer may donate the deer, for distribution to new text end 75.19 new text begin charitable food assistance programs, to a meat processor that is licensed under chapter new text end 75.20 new text begin 28A. An individual donating a deer must supply the processor with the tag number under new text end 75.21 new text begin which the deer was taken. new text end 75.22    Sec. 98. Minnesota Statutes 2006, section 97B.601, subdivision 3, is amended to read: 75.23    Subd. 3. Nonresidents: raccoon, new text begin or new text end bobcat, fox, coyote. A nonresident may not 75.24take raccoon, new text begin or new text end bobcat, fox, or coyote by firearms without a separate license to take that 75.25animal in addition to a small game license. 75.26    Sec. 99. Minnesota Statutes 2006, section 97B.715, subdivision 1, is amended to read: 75.27    Subdivision 1. Stamp required. (a) Except as provided in paragraph (b) or section 75.2897A.405, subdivision 2 , a person required to possess a small game license may not hunt 75.29pheasants without: 75.30    (1) a pheasant stamp in possession; and 75.31    (2) a pheasant stamp validation on the small game license when issued electronically. 75.32    (b) The following persons are exempt from this subdivision: 75.33    (1) residents under age 18 or over age 65; 76.1    (2) persons hunting on licensed commercial shooting preserves; and 76.2    (3) resident disabled veterans with a license issued under section 97A.441, 76.3subdivision 6a . 76.4    Sec. 100. Minnesota Statutes 2006, section 97B.801, is amended to read: 76.597B.801 MINNESOTA MIGRATORY WATERFOWL STAMP REQUIRED. 76.6    (a) Except as provided in this section or section 97A.405, subdivision 2, a person 76.7required to possess a small game license may not take migratory waterfowl without: 76.8    (1) a Minnesota migratory waterfowl stamp in possession; and 76.9    (2) a migratory waterfowl stamp validation on the small game license when issued 76.10electronically. 76.11    (b) Residents under age 18 or over age 65; resident disabled veterans with a license 76.12issued under section 97A.441, subdivision 6a; and persons hunting on their own property 76.13are not required to possess a stamp or a license validation under this section. 76.14    Sec. 101. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read: 76.15    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the 76.16commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 76.17Permits shall be issued without a fee. new text begin The commissioner shall charge a fee for the permit new text end 76.18 new text begin that recovers the costs of issuing the permit and of monitoring the activities allowed by new text end 76.19 new text begin the permit. The commissioner may waive the fee under this subdivision for a charitable new text end 76.20 new text begin organization. Notwithstanding section 16A.1283, the commissioner may, by written order new text end 76.21 new text begin published in the State Register, establish contest permit fees. The fees are not subject to new text end 76.22 new text begin the rulemaking provisions of chapter 14 and section 14.386 does not apply. new text end 76.23    (b) If entry fees are over $25 per person, or total prizes are valued at more than 76.24$25,000, and if the applicant has either: 76.25    (1) not previously conducted a fishing contest requiring a permit under this 76.26subdivision; or 76.27    (2) ever failed to make required prize awards in a fishing contest conducted by 76.28the applicant, the commissioner may require the applicant to furnish the commissioner 76.29evidence of financial responsibility in the form of a surety bond or bank letter of credit in 76.30the amount of $25,000. 76.31     new text begin (c) The permit fee for any individual contest may not exceed the following amounts: new text end 76.32     new text begin (1) $120 for an open water contest not exceeding 100 participants and without new text end 76.33 new text begin off-site weigh-in; new text end 77.1     new text begin (2) $400 for an open water contest with more than 100 participants and without new text end 77.2 new text begin off-site weigh-in; new text end 77.3     new text begin (3) $500 for an open water contest not exceeding 100 participants with off-site new text end 77.4 new text begin weigh-in; new text end 77.5     new text begin (4) $1,000 for an open water contest with more than 100 participants with off-site new text end 77.6 new text begin weigh-in; or new text end 77.7     new text begin (5) $120 for an ice fishing contest with more than 150 participants. new text end 77.8    Sec. 102. Minnesota Statutes 2006, section 97C.355, subdivision 2, is amended to read: 77.9    Subd. 2. License required. A person may not take fish from a dark house or fish 77.10house new text begin that is left unattended on the ice overnight new text end unless the house is licensed and has a 77.11license tag attached to the exterior in a readily visible location, except as provided in this 77.12subdivision. The commissioner must issue a tag with a dark house or fish house license, 77.13marked with a number to correspond with the license and the year of issue. A dark house 77.14or fish house license is not required of a resident on boundary waters where the adjacent 77.15state does not charge a fee for the same activity. 77.16    Sec. 103. Minnesota Statutes 2006, section 103B.101, is amended by adding a 77.17subdivision to read: 77.18     new text begin Subd. 12. new text end new text begin Authority to issue penalty orders. new text end new text begin (a) The board may issue an order new text end 77.19 new text begin requiring violations to be corrected and administratively assessing monetary penalties of new text end 77.20 new text begin up to $10,000 per violation for violations of this chapter and chapters 103C, 103D, 103E, new text end 77.21 new text begin 103F, and 103G, any rules adopted under those chapters, and any standards, limitations, or new text end 77.22 new text begin conditions established by the board. new text end 77.23     new text begin (b) Administrative penalties issued under paragraph (a) may be appealed according new text end 77.24 new text begin to section 116.072, if the recipient of the penalty requests a hearing by notifying the new text end 77.25 new text begin commissioner in writing within 30 days after receipt of the order. For the purposes of this new text end 77.26 new text begin section, the terms "commissioner" and "agency" as used in section 116.072 mean the new text end 77.27 new text begin board. If a hearing is not requested within the 30-day period, the order becomes a final new text end 77.28 new text begin order not subject to further review. new text end 77.29     new text begin (c) Administrative penalty orders issued under paragraph (a) may be enforced new text end 77.30 new text begin under section 116.072, subdivision 9. Penalty amounts must be remitted within 30 days new text end 77.31 new text begin of issuance of the order. new text end 77.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.1    Sec. 104. new text begin [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY new text end 78.2 new text begin AND OVERSIGHT. new text end 78.3     new text begin Subdivision 1. new text end new text begin Findings; improving accountability and oversight. new text end new text begin The legislature new text end 78.4 new text begin finds that a process is needed to monitor the performance and activities of local water new text end 78.5 new text begin management entities. The process should be preemptive so that problems can be identified new text end 78.6 new text begin early and systematically. Underperforming entities should be provided assistance and new text end 78.7 new text begin direction for improving performance in a reasonable time frame. new text end 78.8     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin For the purposes of this section, "local water management new text end 78.9 new text begin entities" means watershed districts, soil and water conservation districts, metropolitan new text end 78.10 new text begin water management organizations, and counties operating separately or jointly in their new text end 78.11 new text begin role as local water management authorities under chapter 103B, 103C, 103D, or 103G new text end 78.12 new text begin and chapter 114D. new text end 78.13     new text begin Subd. 3. new text end new text begin Evaluation and report. new text end new text begin The Board of Water and Soil Resources shall new text end 78.14 new text begin evaluate performance, financial, and activity information for each local water management new text end 78.15 new text begin entity. The board shall evaluate the entities' progress in accomplishing their adopted new text end 78.16 new text begin plans on a regular basis, but not less than once every five years. The board shall maintain new text end 78.17 new text begin a summary of local water management entity performance on the board's Web site. new text end 78.18 new text begin Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis new text end 78.19 new text begin of local water management entity performance to the chairs of the house and senate new text end 78.20 new text begin committees having jurisdiction over environment and natural resources policy. new text end 78.21     new text begin Subd. 4. new text end new text begin Corrective actions. new text end new text begin (a) In addition to other authorities, the Board of Water new text end 78.22 new text begin and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or new text end 78.23 new text begin redirect grants and other funding if the local water management entity has not corrected new text end 78.24 new text begin deficiencies as prescribed in a notice from the board within one year from the date of new text end 78.25 new text begin the notice. new text end 78.26     new text begin (b) The board may defer a decision on a termination petition filed under section new text end 78.27 new text begin 103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation new text end 78.28 new text begin under subdivision 3 or to communicate the results of the evaluation to petitioners or to new text end 78.29 new text begin local and state government agencies. new text end 78.30    Sec. 105. Minnesota Statutes 2006, section 103C.321, is amended by adding a 78.31subdivision to read: 78.32     new text begin Subd. 6. new text end new text begin Credit card use. new text end new text begin The supervisors may authorize the use of a credit card new text end 78.33 new text begin by any soil and water conservation district officer or employee otherwise authorized new text end 78.34 new text begin to make a purchase on behalf of the soil and water conservation district. If a soil and new text end 79.1 new text begin water conservation district officer or employee makes a purchase by credit card that is not new text end 79.2 new text begin approved by the supervisors, the officer or employee is personally liable for the amount of new text end 79.3 new text begin the purchase. A purchase by credit card must otherwise comply with all statutes, rules, new text end 79.4 new text begin or soil and water conservation district policy applicable to soil and water conservation new text end 79.5 new text begin district purchases. new text end 79.6    Sec. 106. Minnesota Statutes 2006, section 103D.325, is amended by adding a 79.7subdivision to read: 79.8     new text begin Subd. 4. new text end new text begin Credit card use. new text end new text begin The managers may authorize the use of a credit card new text end 79.9 new text begin by any watershed district officer or employee otherwise authorized to make a purchase new text end 79.10 new text begin on behalf of the watershed district. If a watershed district officer or employee makes a new text end 79.11 new text begin purchase by credit card that is not approved by the managers, the officer or employee is new text end 79.12 new text begin personally liable for the amount of the purchase. A purchase by credit card must otherwise new text end 79.13 new text begin comply with all statutes, rules, or watershed district policy applicable to watershed district new text end 79.14 new text begin purchases. new text end 79.15    Sec. 107. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to 79.16read: 79.17    Subdivision 1. Spoil banks must be spread and grass planted new text begin permanent new text end 79.18 new text begin vegetation established new text end . In any proceeding to establish, construct, improve, or do any 79.19work affecting a public drainage system under any law that appoints viewers to assess 79.20benefits and damages, the authority having jurisdiction over the proceeding shall order 79.21spoil banks to be spread consistent with the plan and function of the drainage system. The 79.22authority shall order that permanent grass, other than a noxious weed, be planted on 79.23the banks new text begin ditch side slopes new text end and on a strip new text begin that a permanent strip of perennial vegetation new text end 79.24 new text begin approved by the drainage authority be established on each side of the ditch. Preference new text end 79.25 new text begin should be given to planting native species of a local ecotype. The approved perennial new text end 79.26 new text begin vegetation shall not impede future maintenance of the ditch. The permanent strips of new text end 79.27 new text begin perennial vegetation shall be new text end 16-1/2 feet in width new text begin measured outward from the top edge new text end 79.28 new text begin of the constructed channel resulting from the proceeding, new text end or to the crown of the leveled 79.29spoil bank, whichever is the greater, on each side of the top edge of the channel of the 79.30ditch. new text begin except for an action by a drainage authority that results only in a redetermination of new text end 79.31 new text begin benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system new text end 79.32 new text begin rights-of-way for new text end the acreage and additional property required for the planting new text begin permanent new text end 79.33 new text begin strips new text end must be acquired by the authority having jurisdiction. 80.1    Sec. 108. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to 80.2read: 80.3    Subd. 2. Reseeding and harvesting grass new text begin perennial vegetation new text end . The authority 80.4having jurisdiction over the repair and maintenance of the drainage system shall supervise 80.5all necessary reseeding. The permanent grass new text begin strips of perennial vegetation new text end must be 80.6maintained in the same manner as other drainage system repairs. Harvest of the grass new text begin new text end 80.7 new text begin vegetation new text end from the grass new text begin permanent new text end strip in a manner not harmful to the grass new text begin vegetation new text end 80.8or the drainage system is the privilege of the fee owner or assigns. The county drainage 80.9inspector shall establish rules for the fee owner and assigns to harvest the grass new text begin vegetation new text end . 80.10    Sec. 109. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to 80.11read: 80.12    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than 80.13those required for the maintenance of a permanent growth of grass new text begin perennial vegetation new text end , 80.14are not permitted on any portion of the property acquired for planting new text begin perennial vegetation new text end . 80.15    Sec. 110. Minnesota Statutes 2006, section 103E.021, is amended by adding a 80.16subdivision to read: 80.17     new text begin Subd. 6. new text end new text begin Incremental implementation of vegetated ditch buffer strips and side new text end 80.18 new text begin inlet controls. new text end new text begin (a) Notwithstanding other provisions of this chapter requiring appointment new text end 80.19 new text begin of viewers and redetermination of benefits and damages, a drainage authority may new text end 80.20 new text begin implement permanent buffer strips of perennial vegetation approved by the drainage new text end 80.21 new text begin authority or side inlet controls, or both, adjacent to a public drainage ditch, where new text end 80.22 new text begin necessary to control erosion and sedimentation, improve water quality, or maintain the new text end 80.23 new text begin efficiency of the drainage system. Preference should be given to planting native species of new text end 80.24 new text begin a local ecotype. The approved perennial vegetation shall not impede future maintenance new text end 80.25 new text begin of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width new text end 80.26 new text begin measured outward from the top edge of the existing constructed channel. Drainage system new text end 80.27 new text begin rights-of-way for the acreage and additional property required for the permanent strips new text end 80.28 new text begin must be acquired by the authority having jurisdiction. new text end 80.29     new text begin (b) A project under this subdivision shall be implemented as a repair according to new text end 80.30 new text begin section 103E.705, except that the drainage authority may appoint an engineer to examine new text end 80.31 new text begin the drainage system and prepare an engineer's repair report for the project. new text end 80.32     new text begin (c) Damages shall be determined by the drainage authority, or viewers, appointed by new text end 80.33 new text begin the drainage authority, according to section 103E.315, subdivision 8. A damages statement new text end 80.34 new text begin shall be prepared, including an explanation of how the damages were determined for each new text end 80.35 new text begin property affected by the project, and filed with the auditor or watershed district. Within 30 new text end 81.1 new text begin days after the damages statement is filed, the auditor or watershed district shall prepare new text end 81.2 new text begin property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), new text end 81.3 new text begin (6), (7), and (8), and mail a copy of the property owner's report and damages statement to new text end 81.4 new text begin each owner of property affected by the proposed project. new text end 81.5     new text begin (d) After a damages statement is filed, the drainage authority shall set a time, by new text end 81.6 new text begin order, not more than 30 days after the date of the order, for a hearing on the project. At new text end 81.7 new text begin least ten days before the hearing, the auditor or watershed district shall give notice by mail new text end 81.8 new text begin of the time and location of the hearing to the owners of property and political subdivisions new text end 81.9 new text begin likely to be affected by the project. new text end 81.10     new text begin (e) The drainage authority shall make findings and order the repairs to be made if new text end 81.11 new text begin the drainage authority determines from the evidence presented at the hearing and by the new text end 81.12 new text begin viewers and engineer, if appointed, that the repairs are necessary for the drainage system new text end 81.13 new text begin and the costs of the repairs are within the limitations of section 103E.705. new text end 81.14    Sec. 111. new text begin [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING. new text end 81.15     new text begin The drainage authority shall annually submit a report to the Board of Water and Soil new text end 81.16 new text begin Resources for the calendar year including: new text end 81.17     new text begin (1) the number and types of actions for which viewers were appointed; new text end 81.18     new text begin (2) the number of miles of buffer strips established according to section 103E.021; new text end 81.19     new text begin (3) the number of drainage system inspections conducted; and new text end 81.20     new text begin (4) the number of violations of section 103E.021 identified and enforcement actions new text end 81.21 new text begin taken. new text end 81.22    Sec. 112. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to 81.23read: 81.24    Subd. 8. Extent of damages. Damages to be paid may include: 81.25    (1) the fair market value of the property required for the channel of an open ditch 81.26and the permanent grass strip new text begin of perennial vegetation new text end under section 103E.021; 81.27    (2) the diminished value of a farm due to severing a field by an open ditch; 81.28    (3) loss of crop production during drainage project construction; and 81.29    (4) the diminished productivity or land value from increased overflow. new text begin ; and new text end 81.30     new text begin (5) costs to restore a perennial vegetative cover or structural practice existing new text end 81.31 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 81.32 new text begin right-of-way and damaged by the drainage project. new text end 81.33    Sec. 113. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to 81.34read: 82.1    Subdivision 1. Requirements. The viewers' report must show, in tabular form, 82.2for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 82.3is benefited or damaged: 82.4    (1) a description of the lot or tract, under separate ownership, that is benefited or 82.5damaged; 82.6    (2) the names of the owners as they appear on the current tax records of the county 82.7and their addresses; 82.8    (3) the number of acres in each tract or lot; 82.9    (4) the number and value of acres added to a tract or lot by the proposed drainage of 82.10public waters; 82.11    (5) the damage, if any, to riparian rights; 82.12    (6) the damages paid for the permanent grass strip new text begin of perennial vegetation new text end under 82.13section 103E.021; 82.14    (7) the total number and value of acres added to a tract or lot by the proposed 82.15drainage of public waters, wetlands, and other areas not currently being cultivated; 82.16    (8) the number of acres and amount of benefits being assessed for drainage of areas 82.17which before the drainage benefits could be realized would require a public waters work 82.18permit to work in public waters under section 103G.245 to excavate or fill a navigable 82.19water body under United States Code, title 33, section 403, or a permit to discharge into 82.20waters of the United States under United States Code, title 33, section 1344; 82.21    (9) the number of acres and amount of benefits being assessed for drainage of areas 82.22that would be considered conversion of a wetland under United States Code, title 16, 82.23section 3821, if the area was placed in agricultural production; 82.24    (10) the amount of right-of-way acreage required; and 82.25    (11) the amount that each tract or lot will be benefited or damaged. 82.26    Sec. 114. Minnesota Statutes 2006, section 103E.701, is amended by adding a 82.27subdivision to read: 82.28     new text begin Subd. 7. new text end new text begin Restoration; disturbance or destruction by repair. new text end new text begin If a drainage system new text end 82.29 new text begin repair disturbs or destroys a perennial vegetative cover or structural practice existing new text end 82.30 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 82.31 new text begin right-of-way, the practice must be restored according to the applicable practice plan or new text end 82.32 new text begin as determined by the drainage authority, if a practice plan is not available. Restoration new text end 82.33 new text begin costs shall be paid by the drainage system. new text end 82.34    Sec. 115. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to 82.35read: 83.1    Subdivision 1. Inspection. After the construction of a drainage system has been 83.2completed, the drainage authority shall maintain the drainage system that is located in its 83.3jurisdiction new text begin , new text end including grass new text begin the permanent new text end strips new text begin of perennial vegetation new text end under section 83.4103E.021 new text begin , new text end and provide the repairs necessary to make the drainage system efficient. The 83.5drainage authority shall have the drainage system inspected on a regular basis by an 83.6inspection committee of the drainage authority or a drainage inspector appointed by the 83.7drainage authority. new text begin Open drainage ditches shall be inspected at a minimum of every five new text end 83.8 new text begin years when no violation of section 103E.021 is found and annually when a violation of new text end 83.9 new text begin section 103E.021 is found, until one year after the violation is corrected. new text end 83.10    Sec. 116. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to 83.11read: 83.12    Subd. 2. Grass new text begin Permanent new text end strip new text begin of perennial vegetation new text end inspection and 83.13compliance notice. (a) The drainage authority having jurisdiction over a drainage system 83.14must inspect the drainage system for violations of section 103E.021. If an inspection 83.15committee of the drainage authority or a drainage inspector determines that permanent 83.16grass strips new text begin of perennial vegetation new text end are not being maintained in compliance with section 83.17103E.021 , a compliance notice must be sent to the property owner. 83.18    (b) The notice must state: 83.19    (1) the date the ditch was inspected; 83.20    (2) the persons making the inspection; 83.21    (3) that spoil banks are to be spread in a manner consistent with the plan and function 83.22of the drainage system and new text begin that new text end the drainage system has acquired a grass new text begin permanent new text end strip 83.2316-1/2 feet in width or to the crown of the spoil bank, whichever is greater new text begin of perennial new text end 83.24 new text begin vegetation, according to section 103E.021 new text end ; 83.25    (4) the violations of section 103E.021; 83.26    (5) the measures that must be taken by the property owner to comply with section 83.27103E.021 and the date when the property must be in compliance; and 83.28    (6) that if the property owner does not comply by the date specified, the drainage 83.29authority will perform the work necessary to bring the area into compliance with section 83.30103E.021 and charge the cost of the work to the property owner. 83.31    (c) If a property owner does not bring an area into compliance with section 103E.021 83.32as provided in the compliance notice, the inspection committee or drainage inspector 83.33must notify the drainage authority. 83.34    (d) This subdivision applies to property acquired under section 103E.021. 84.1    Sec. 117. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to 84.2read: 84.3    Subd. 3. Drainage inspection report. For each drainage system that the board 84.4designates and requires the drainage inspector to examine, the drainage inspector shall 84.5make a drainage inspection report in writing to the board after examining a drainage 84.6system, designating portions that need repair or maintenance of grass new text begin the permanent new text end 84.7strips new text begin of perennial vegetation new text end and the location and nature of the repair or maintenance. 84.8The board shall consider the drainage inspection report at its next meeting and may repair 84.9all or any part of the drainage system as provided under this chapter. The grass new text begin permanent new text end 84.10strips new text begin of perennial vegetation new text end must be maintained in compliance with section 103E.021. 84.11    Sec. 118. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to 84.12read: 84.13    Subd. 2. Additional assessment for agricultural practices on grass new text begin permanent new text end 84.14strip new text begin of perennial vegetation new text end . (a) The drainage authority may, after notice and hearing, 84.15charge an additional assessment on property that has agricultural practices on or otherwise 84.16violates provisions related to the permanent grass strip new text begin of perennial vegetation new text end acquired 84.17under section 103E.021. 84.18    (b) The drainage authority may determine the cost of the repair per mile of open 84.19ditch on the ditch system. Property that is in violation of the grass requirement shall be 84.20assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 84.21of open ditch in miles on the property in violation. 84.22    (c) After the amount of the additional assessment is determined and applied to the 84.23repair cost, the balance of the repair cost may be apportioned pro rata as provided in 84.24subdivision 1. 84.25    Sec. 119. new text begin [103F.518] REINVEST IN MINNESOTA CLEAN ENERGY new text end 84.26 new text begin PROGRAM. new text end 84.27     new text begin Subdivision 1. new text end new text begin Establishment of program. new text end new text begin (a) The board, in consultation with the new text end 84.28 new text begin technical committee established in subdivision 11, shall establish and administer a reinvest new text end 84.29 new text begin in Minnesota (RIM) clean energy program that is in addition to the program under section new text end 84.30 new text begin 103F.515. Selection of land for the clean energy program must be based on its potential new text end 84.31 new text begin benefits for bioenergy crop production, water quality, soil health, reduction of chemical new text end 84.32 new text begin inputs, soil carbon storage, biodiversity, and wildlife habitat. new text end 84.33     new text begin (b) For the purposes of this section, "diverse native prairie" means a prairie planted new text end 84.34 new text begin from a mix of local Minnesota native prairie species. A selection from all available native new text end 84.35 new text begin prairie species may be made so as to match species appropriate to local site conditions. new text end 85.1     new text begin Subd. 2. new text end new text begin Eligible land. new text end new text begin Eligible land under this section must: new text end 85.2     new text begin (1) be owned by the landowner, or a parent or other blood relative of the landowner, new text end 85.3 new text begin for at least one year before the date of application; new text end 85.4     new text begin (2) be at least five acres in size; new text end 85.5     new text begin (3) not be currently set aside, enrolled, or diverted under another federal or state new text end 85.6 new text begin government program; and new text end 85.7     new text begin (4) have been in agricultural use, as defined in section 17.81, subdivision 4, or have new text end 85.8 new text begin been set aside, enrolled, or diverted under another federal or state program for at least two new text end 85.9 new text begin of the last five years before the date of application. new text end 85.10     new text begin Subd. 3. new text end new text begin Designation of project areas. new text end new text begin The board shall develop a process to new text end 85.11 new text begin designate defined project areas. The designation process shall prioritize projects that new text end 85.12 new text begin include coordinated cooperation of a cellulosic biofuel facility or a bioenergy production new text end 85.13 new text begin facility, target impaired waters, or support other state or local natural resource plans, new text end 85.14 new text begin goals, or objectives. new text end 85.15     new text begin Subd. 4. new text end new text begin Easements. new text end new text begin The board may acquire, or accept by gift or donation, new text end 85.16 new text begin easements on eligible land. An easement may be permanent or of limited duration. An new text end 85.17 new text begin easement of limited duration may not be acquired if it is for a period less than 20 years. new text end 85.18 new text begin The negotiation and acquisition of easements authorized by this section are exempt from new text end 85.19 new text begin the contractual provisions of chapters 16B and 16C. new text end 85.20     new text begin Subd. 5. new text end new text begin Nature of property rights acquired. new text end new text begin (a) An easement must prohibit: new text end 85.21     new text begin (1) agricultural crop production, unless approved by the board for energy production new text end 85.22 new text begin purposes; and new text end 85.23     new text begin (2) spraying with chemicals, except as necessary to comply with noxious weed new text end 85.24 new text begin control laws, emergency pest control necessary to protect public health, or as needed new text end 85.25 new text begin to establish a productive planting as determined by the technical committee under new text end 85.26 new text begin subdivision 11. new text end 85.27     new text begin (b) An easement is subject to the terms of the agreement provided in subdivision 6. new text end 85.28     new text begin (c) Agricultural crop production and harvest are limited to native, perennial new text end 85.29 new text begin bioenergy crops. Harvest shall occur outside of bird nesting season. new text end 85.30     new text begin (d) An easement must allow repairs, improvements, and inspections necessary to new text end 85.31 new text begin maintain public drainage systems provided the easement area is restored to the condition new text end 85.32 new text begin required by the terms of the easement. new text end 85.33     new text begin (e) An easement may allow nonnative perennial prairie or pasture established by new text end 85.34 new text begin September 1, 2007, that meet the other objectives outlined in subdivision 7. new text end 86.1     new text begin (f) An easement may allow grazing of livestock only if practiced under a plan, new text end 86.2 new text begin approved by the board, that protects water quality, wildlife habitat, and biodiversity. new text end 86.3     new text begin Subd. 6. new text end new text begin Agreements by landowner. new text end new text begin The board may enroll eligible land in the new text end 86.4 new text begin reinvest in Minnesota clean energy program by signing an agreement in recordable form new text end 86.5 new text begin with a landowner in which the landowner agrees: new text end 86.6     new text begin (1) to convey to the state an easement that is not subject to any prior title, lien, or new text end 86.7 new text begin encumbrance; new text end 86.8     new text begin (2) to seed the land subject to the easement, as specified in the agreement, at new text end 86.9 new text begin seeding rates determined by the board, or carry out other long-term capital improvements new text end 86.10 new text begin approved by the board; and new text end 86.11     new text begin (3) that the easement duration may be lengthened through mutual agreement with new text end 86.12 new text begin the board. new text end 86.13     new text begin Subd. 7. new text end new text begin Payments for easements. new text end new text begin The board must develop a tiered payment new text end 86.14 new text begin system for easements partially based on the benefits of the bioenergy crop production for new text end 86.15 new text begin water quality, soil health, reduction in chemical inputs, soil carbon storage, biodiversity, new text end 86.16 new text begin and wildlife habitat using cash rent or a similar system as may be determined by the new text end 86.17 new text begin board. The payment system must provide that the highest per-acre payment is for diverse new text end 86.18 new text begin native prairie and perennials. new text end 86.19     new text begin Subd. 8. new text end new text begin Easement renewal. new text end new text begin When an easement of limited duration expires, a new text end 86.20 new text begin new easement and agreement for an additional period of not less than 20 years may be new text end 86.21 new text begin acquired by agreement of the board and the landowner under the terms of this section. new text end 86.22 new text begin The board may adjust payment rates as a result of renewing an agreement and easement new text end 86.23 new text begin only after examining the condition of the established plantings, conservation practices, new text end 86.24 new text begin and land values. new text end 86.25     new text begin Subd. 9. new text end new text begin Correction of easement boundary lines. new text end new text begin To correct errors in legal new text end 86.26 new text begin descriptions for easements that affect the ownership interest in the state and adjacent new text end 86.27 new text begin landowners, the board may, in the name of the state, with the approval of the attorney new text end 86.28 new text begin general, convey, without consideration, interests of the state necessary to correct legal new text end 86.29 new text begin descriptions of boundaries. The conveyance must be by quitclaim deed or release in new text end 86.30 new text begin a form approved by the attorney general. new text end 86.31     new text begin Subd. 10. new text end new text begin Enforcement and damages. new text end new text begin (a) A landowner who violates the term of new text end 86.32 new text begin an easement or agreement under this section, or induces, assists, or allows another to do new text end 86.33 new text begin so, is liable to the state for treble damages if the trespass is willful, but liable for double new text end 86.34 new text begin damages only if the trespass is not willful. The amount of damages is the amount needed new text end 87.1 new text begin to make the state whole or the amount the landowner has gained due to the violation, new text end 87.2 new text begin whichever is greater. new text end 87.3     new text begin (b) Upon the request of the board, the attorney general may commence an action for new text end 87.4 new text begin specific performances, injunctive relief, damages, including attorney fees, and any other new text end 87.5 new text begin appropriate relief to enforce this section in district court in the county where all or part new text end 87.6 new text begin of the violation is alleged to have been committed, or where the landowner resides or new text end 87.7 new text begin has a principal place of business. new text end 87.8     new text begin Subd. 11. new text end new text begin Technical committee. new text end new text begin To ensure that public benefits, including water new text end 87.9 new text begin quality, soil health, reduction of chemical inputs, soil carbon storage, biodiversity, and new text end 87.10 new text begin wildlife habitat are secured along with bioenergy crop production, the Board of Water and new text end 87.11 new text begin Soil Resources shall appoint a technical committee consisting of one representative from new text end 87.12 new text begin the Departments of Agriculture, Natural Resources, and Commerce and the Pollution new text end 87.13 new text begin Control Agency; two farm organizations; one sustainable agriculture farmer organization; new text end 87.14 new text begin three rural economic development organizations; three environmental organizations; and new text end 87.15 new text begin three conservation or wildlife organizations. The board and technical committee shall new text end 87.16 new text begin consult with private sector organizations and University of Minnesota researchers involved new text end 87.17 new text begin in biomass establishment and bioenergy or biofuel conversion. The technical committee new text end 87.18 new text begin is to develop program guidelines and standards, as appropriate to ensure that reinvest in new text end 87.19 new text begin Minnesota clean energy program contracts provide public benefits commensurate with the new text end 87.20 new text begin public investment. The technical committee shall review and make recommendations on new text end 87.21 new text begin the guidelines and standards every five years. new text end 87.22    Sec. 120. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to 87.23read: 87.24    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly 87.25or partially, unless replaced by restoring or creating wetland areas of at least equal 87.26public value under a replacement plan approved as provided in section 103G.2242, a 87.27replacement plan under a local governmental unit's comprehensive wetland protection 87.28and management plan approved by the board under section 103G.2243, or, if a permit to 87.29mine is required under section 93.481, under a mining reclamation plan approved by the 87.30commissioner under the permit to mine. Mining reclamation plans shall apply the same 87.31principles and standards for replacing wetlands by restoration or creation of wetland areas 87.32that are applicable to mitigation plans approved as provided in section 103G.2242. Public 87.33value must be determined in accordance with section 103B.3355 or a comprehensive 87.34wetland protection and management plan established under section 103G.2243. Sections 88.1103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 88.2flooded areas of types 3, 4, and 5 wetlands. 88.3    (b) Replacement must be guided by the following principles in descending order 88.4of priority: 88.5    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 88.6the wetland; 88.7    (2) minimizing the impact by limiting the degree or magnitude of the wetland 88.8activity and its implementation; 88.9    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 88.10wetland environment; 88.11    (4) reducing or eliminating the impact over time by preservation and maintenance 88.12operations during the life of the activity; 88.13    (5) compensating for the impact by restoring a wetland; and 88.14    (6) compensating for the impact by replacing or providing substitute wetland 88.15resources or environments. 88.16    For a project involving the draining or filling of wetlands in an amount not exceeding 88.1710,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 88.18paragraph (a), the local government unit may make an on-site sequencing determination 88.19without a written alternatives analysis from the applicant. 88.20    (c) If a wetland is located in a cultivated field, then replacement must be 88.21accomplished through restoration only without regard to the priority order in paragraph 88.22(b), provided that a deed restriction is placed on the altered wetland prohibiting 88.23nonagricultural use for at least ten years. 88.24    (d) new text begin If a wetland is drained under section 103G.2241, subdivision 2, paragraphs new text end 88.25 new text begin (b) and (e), the local government unit may require a deed restriction that prohibits new text end 88.26 new text begin nonagricultural use for at least ten years unless the drained wetland is replaced as provided new text end 88.27 new text begin under this section. The local government unit may require the deed restriction if it new text end 88.28 new text begin determines the wetland area drained is at risk of conversion to a nonagricultural use within new text end 88.29 new text begin ten years based on the zoning classification, proximity to a municipality or full service new text end 88.30 new text begin road, or other criteria as determined by the local government unit. new text end 88.31     new text begin (e) new text end Restoration and replacement of wetlands must be accomplished in accordance 88.32with the ecology of the landscape area affected new text begin and ponds that are created primarily to new text end 88.33 new text begin fulfill stormwater management, and water quality treatment requirements may not be new text end 88.34 new text begin used to satisfy replacement requirements under this chapter unless the design includes new text end 88.35 new text begin pretreatment of runoff and the pond is functioning as a wetland new text end . 89.1    (e) new text begin (f) new text end Except as provided in paragraph (f) new text begin (g) new text end , for a wetland or public waters wetland 89.2located on nonagricultural land, replacement must be in the ratio of two acres of replaced 89.3wetland for each acre of drained or filled wetland. 89.4    (f) new text begin (g) new text end For a wetland or public waters wetland located on agricultural land or in a 89.5greater than 80 percent area, replacement must be in the ratio of one acre of replaced 89.6wetland for each acre of drained or filled wetland. 89.7    (g) new text begin (h) new text end Wetlands that are restored or created as a result of an approved replacement 89.8plan are subject to the provisions of this section for any subsequent drainage or filling. 89.9    (h) new text begin (i) new text end Except in a greater than 80 percent area, only wetlands that have been 89.10restored from previously drained or filled wetlands, wetlands created by excavation in 89.11nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, 89.12or wetlands created by dikes or dams associated with the restoration of previously drained 89.13or filled wetlands may be used in a statewide banking program established in rules adopted 89.14under section 103G.2242, subdivision 1. Modification or conversion of nondegraded 89.15naturally occurring wetlands from one type to another are not eligible for enrollment in a 89.16statewide wetlands bank. 89.17    (i) new text begin (j) new text end The Technical Evaluation Panel established under section 103G.2242, 89.18subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop 89.19wetland characteristics of soils, vegetation, and hydrology before recommending that the 89.20wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has 89.21reason to believe that the wetland characteristics may change substantially, the panel shall 89.22postpone its recommendation until the wetland has stabilized. 89.23    (j) new text begin (k) new text end This section and sections 103G.223 to 103G.2242, 103G.2364, and 89.24103G.2365 apply to the state and its departments and agencies. 89.25    (k) new text begin (l) new text end For projects involving draining or filling of wetlands associated with a new 89.26public transportation project, and for projects expanded solely for additional traffic 89.27capacity, public transportation authorities may purchase credits from the board at the cost 89.28to the board to establish credits. Proceeds from the sale of credits provided under this 89.29paragraph are appropriated to the board for the purposes of this paragraph. 89.30    (l) new text begin (m) new text end A replacement plan for wetlands is not required for individual projects that 89.31result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 89.32or replacement of a currently serviceable existing state, city, county, or town public road 89.33necessary, as determined by the public transportation authority, to meet state or federal 89.34design or safety standards or requirements, excluding new roads or roads expanded solely 89.35for additional traffic capacity lanes. This paragraph only applies to authorities for public 89.36transportation projects that: 90.1    (1) minimize the amount of wetland filling or draining associated with the project 90.2and consider mitigating important site-specific wetland functions on-site; 90.3    (2) except as provided in clause (3), submit project-specific reports to the board, the 90.4Technical Evaluation Panel, the commissioner of natural resources, and members of the 90.5public requesting a copy at least 30 days prior to construction that indicate the location, 90.6amount, and type of wetlands to be filled or drained by the project or, alternatively, 90.7convene an annual meeting of the parties required to receive notice to review projects to 90.8be commenced during the upcoming year; and 90.9    (3) for minor and emergency maintenance work impacting less than 10,000 square 90.10feet, submit project-specific reports, within 30 days of commencing the activity, to the 90.11board that indicate the location, amount, and type of wetlands that have been filled 90.12or drained. 90.13    Those required to receive notice of public transportation projects may appeal 90.14minimization, delineation, and on-site mitigation decisions made by the public 90.15transportation authority to the board according to the provisions of section 103G.2242, 90.16subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation 90.17decisions made by the public transportation authority and provide recommendations 90.18regarding on-site mitigation if requested to do so by the local government unit, a 90.19contiguous landowner, or a member of the Technical Evaluation Panel. 90.20    Except for state public transportation projects, for which the state Department of 90.21Transportation is responsible, the board must replace the wetlands, and wetland areas of 90.22public waters if authorized by the commissioner or a delegated authority, drained or filled 90.23by public transportation projects on existing roads. 90.24    Public transportation authorities at their discretion may deviate from federal and 90.25state design standards on existing road projects when practical and reasonable to avoid 90.26wetland filling or draining, provided that public safety is not unreasonably compromised. 90.27The local road authority and its officers and employees are exempt from liability for 90.28any tort claim for injury to persons or property arising from travel on the highway and 90.29related to the deviation from the design standards for construction or reconstruction under 90.30this paragraph. This paragraph does not preclude an action for damages arising from 90.31negligence in construction or maintenance on a highway. 90.32    (m) new text begin (n) new text end If a landowner seeks approval of a replacement plan after the proposed 90.33project has already affected the wetland, the local government unit may require the 90.34landowner to replace the affected wetland at a ratio not to exceed twice the replacement 90.35ratio otherwise required. 91.1    (n) new text begin (o) new text end A local government unit may request the board to reclassify a county or 91.2watershed on the basis of its percentage of presettlement wetlands remaining. After 91.3receipt of satisfactory documentation from the local government, the board shall change 91.4the classification of a county or watershed. If requested by the local government unit, 91.5the board must assist in developing the documentation. Within 30 days of its action to 91.6approve a change of wetland classifications, the board shall publish a notice of the change 91.7in the Environmental Quality Board Monitor. 91.8    (o) new text begin (p) new text end One hundred citizens who reside within the jurisdiction of the local 91.9government unit may request the local government unit to reclassify a county or watershed 91.10on the basis of its percentage of presettlement wetlands remaining. In support of their 91.11petition, the citizens shall provide satisfactory documentation to the local government unit. 91.12The local government unit shall consider the petition and forward the request to the board 91.13under paragraph (n) new text begin (o) new text end or provide a reason why the petition is denied. 91.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 91.15    Sec. 121. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to 91.16read: 91.17    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow 91.18this priority order: 91.19    (1) on site or in the same minor watershed as the affected wetland; 91.20    (2) in the same watershed as the affected wetland; 91.21    (3) in the same county as the affected wetland; 91.22    (4) new text begin for replacement by wetland banking, in the same wetland bank service area as new text end 91.23 new text begin the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in new text end 91.24 new text begin a 50 to 80 percent area and impacts in a less than 50 percent area must be replaced in a new text end 91.25 new text begin less than 50 percent area; new text end 91.26     new text begin (5) for project specific replacement, new text end in an adjacent watershed or county to the 91.27affected wetland new text begin , or for replacement by wetland banking, in an adjacent wetland bank new text end 91.28 new text begin service area, except that impacts in a 50 to 80 percent area must be replaced in a 50 to new text end 91.29 new text begin 80 percent area and impacts in a less than 50 percent area must be replaced in a less new text end 91.30 new text begin than 50 percent area new text end ; and 91.31    (5) new text begin (6) new text end statewide, only for wetlands affected in greater than 80 percent areas and for 91.32public transportation projects, except that wetlands affected in less than 50 percent areas 91.33must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 91.34metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 91.35(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 92.1that are wholly or partially within the seven-county metropolitan area, but at least one to 92.2one must be replaced within the seven-county metropolitan area. 92.3    (b) new text begin Notwithstanding paragraph (a), siting wetland replacement in greater than 80 new text end 92.4 new text begin percent areas may follow the priority order under this paragraph: (1) by wetland banking new text end 92.5 new text begin after evaluating on-site replacement and replacement within the watershed; (2) replaced new text end 92.6 new text begin in an adjacent wetland bank service area if wetland bank credits are not reasonably new text end 92.7 new text begin available in the same wetland bank service area as the affected wetland, as determined by new text end 92.8 new text begin a comprehensive inventory approved by the board; and (3) statewide. new text end 92.9     new text begin (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county new text end 92.10 new text begin metropolitan area must follow the priority order under this paragraph: (1) in the affected new text end 92.11 new text begin county; (2) in another of the seven metropolitan counties; or (3) in one of the major new text end 92.12 new text begin watersheds that are wholly or partially within the seven-county metropolitan area, but at new text end 92.13 new text begin least one to one must be replaced within the seven-county metropolitan area. new text end 92.14     new text begin (d) new text end The exception in paragraph (a), clause (5) new text begin (6) new text end , does not apply to replacement 92.15completed using wetland banking credits established by a person who submitted a 92.16complete wetland banking application to a local government unit by April 1, 1996. 92.17    (c) new text begin (e) new text end When reasonable, practicable, and environmentally beneficial replacement 92.18opportunities are not available in siting priorities listed in paragraph (a), the applicant 92.19may seek opportunities at the next level. 92.20    (d) new text begin (f) new text end For the purposes of this section, "reasonable, practicable, and environmentally 92.21beneficial replacement opportunities" are defined as opportunities that: 92.22    (1) take advantage of naturally occurring hydrogeomorphological conditions and 92.23require minimal landscape alteration; 92.24    (2) have a high likelihood of becoming a functional wetland that will continue 92.25in perpetuity; 92.26    (3) do not adversely affect other habitat types or ecological communities that are 92.27important in maintaining the overall biological diversity of the area; and 92.28    (4) are available and capable of being done after taking into consideration cost, 92.29existing technology, and logistics consistent with overall project purposes. 92.30    (e) new text begin (g) new text end Regulatory agencies, local government units, and other entities involved in 92.31wetland restoration shall collaborate to identify potential replacement opportunities within 92.32their jurisdictional areas. 92.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 92.34    Sec. 122. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to 92.35read: 93.1    Subdivision 1. Agricultural activities. (a) A replacement plan for wetlands is 93.2not required for: 93.3    (1) activities in a wetland that was planted with annually seeded crops, was in a crop 93.4rotation seeding of pasture grass or legumes, or was required to be set aside to receive 93.5price support or other payments under United States Code, title 7, sections 1421 to 1469, 93.6in six of the last ten years prior to January 1, 1991; 93.7    (2) activities in a wetland that is or has been enrolled in the federal conservation 93.8reserve program under United States Code, title 16, section 3831, that: 93.9    (i) was planted with annually seeded crops, was in a crop rotation seeding, or was 93.10required to be set aside to receive price support or payment under United States Code, 93.11title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the 93.12program; and 93.13    (ii) has not been restored with assistance from a public or private wetland restoration 93.14program; 93.15    (3) activities in a wetland that has received a commenced drainage determination 93.16provided for by the federal Food Security Act of 1985, that was made to the county 93.17Agricultural Stabilization and Conservation Service office prior to September 19, 1988, 93.18and a ruling and any subsequent appeals or reviews have determined that drainage of the 93.19wetland had been commenced prior to December 23, 1985; 93.20    (4) new text begin (2) new text end activities in a type 1 wetland on agricultural new text begin pasture new text end land new text begin that remains in the new text end 93.21 new text begin same use new text end , except for bottomland hardwood type 1 wetlands, and activities in a type 2 93.22or type 6 wetland that is less than two acres in size and located on agricultural new text begin pasture new text end 93.23land new text begin that remains in the same use new text end ; 93.24     new text begin (3) activities in a wetland conducted as part of normal farming practices. For new text end 93.25 new text begin purposes of this clause, "normal farming practices" means farming, silvicultural, grazing, new text end 93.26 new text begin and ranching activities such as plowing, seeding, cultivating, and harvesting for the new text end 93.27 new text begin production of feed, food, and fiber products, but does not include activities that result in new text end 93.28 new text begin the draining of wetlands; new text end 93.29     new text begin (4) soil and water conservation practices approved by the soil and water conservation new text end 93.30 new text begin district, after review by the Technical Evaluation Panel; new text end 93.31    (5) aquaculture activities including pond excavation and construction and 93.32maintenance of associated access roads and dikes authorized under, and conducted in 93.33accordance with, a permit issued by the United States Army Corps of Engineers under 93.34section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, 93.35but not including construction or expansion of buildings; 94.1    (6) wild rice production activities, including necessary diking and other activities 94.2authorized under a permit issued by the United States Army Corps of Engineers under 94.3section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; new text begin or new text end 94.4    (7) normal agricultural practices to control noxious or secondary weeds as defined 94.5by rule of the commissioner of agriculture, in accordance with applicable requirements 94.6under state and federal law, including established best management practices; and 94.7    (8) new text begin (7) new text end agricultural activities in a wetland that is on agricultural land: 94.8    (i) annually enrolled in the federal Agriculture Improvement and Reform Act of 94.91996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on 94.10January 1, 2000; or 94.11    (ii) new text begin that is new text end subject to subsequent federal farm program restrictions that meet 94.12minimum state standards under this chapter and sections 103A.202 and 103B.3355 and 94.13that have been approved by the Board of Water and Soil Resources, the commissioners of 94.14natural resources and agriculture, and the Pollution Control Agency. 94.15    (b) Land enrolled in a federal farm program under paragraph (a), clause (8), is 94.16eligible for easement participation for those acres not already compensated under a federal 94.17program. 94.18    (c) The exemption under paragraph (a), clause (4), may be expanded to additional 94.19acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when 94.20the additional acreage is part of a conservation plan approved by the local soil and water 94.21conservation district, the additional draining or filling is necessary for efficient operation 94.22of the farm, the hydrology of the larger wetland system is not adversely affected, and 94.23wetlands other than types 1, 2, and 6 are not drained or filled. 94.24    Sec. 123. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to 94.25read: 94.26    Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage 94.27system" means a drainage system as defined in section 103E.005, subdivision 12, and any 94.28ditch or tile lawfully connected to the drainage system. 94.29    (b) A replacement plan is not required for draining of type 1 wetlands, or up to five 94.30acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed 94.31drainage benefits for a public drainage system, provided that: 94.32    (1) during the 20-year period that ended January 1, 1992: 94.33    (i) there was an expenditure made from the drainage system account for the public 94.34drainage system; 95.1    (ii) the public drainage system was repaired or maintained as approved by the 95.2drainage authority; or 95.3    (iii) no repair or maintenance of the public drainage system was required under 95.4section 103E.705, subdivision 1, as determined by the public drainage authority; and 95.5    (2) the wetlands are not drained for conversion to: 95.6    (i) platted lots; 95.7    (ii) planned unit, commercial, or industrial developments; or 95.8    (iii) any development with more than one residential unit per 40 acres new text begin , except for new text end 95.9 new text begin parcels subject to local zoning standards that allow for family members to establish an new text end 95.10 new text begin additional residence on the same 40 acres new text end . 95.11If wetlands drained under this paragraph are converted to uses prohibited under clause 95.12(2) during the ten-year period following drainage, the wetlands must be replaced under 95.13section 103G.222. 95.14    (c) A replacement plan is not required for draining or filling of wetlands, except for 95.15draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years, 95.16resulting from maintenance and repair of existing public drainage systems. 95.17    (d) A replacement plan is not required for draining or filling of wetlands, except 95.18for draining wetlands that have been in existence for more than 25 years, resulting from 95.19maintenance and repair of existing drainage systems other than public drainage systems. 95.20    (e) A replacement plan is not required for draining or filling of wetlands resulting 95.21from activities conducted as part of a public drainage system improvement project that 95.22received final approval from the drainage authority before July 1, 1991, and after July 1, 95.231986, if: 95.24    (1) the approval remains valid; 95.25    (2) the project remains active; and 95.26    (3) no additional drainage will occur beyond that originally approved. 95.27     new text begin (e) A replacement plan is not required for draining agricultural land that: (1) was new text end 95.28 new text begin planted with annually seeded crops before July 5, except for crops that are normally new text end 95.29 new text begin planted after that date, in eight out of the ten most recent years prior to the impact; (2) was new text end 95.30 new text begin in a crop rotation seeding of pasture grass, cover crop, or legumes, or was fallow for a new text end 95.31 new text begin crop production purpose, in eight out of the ten most recent years prior to the impact; or new text end 95.32 new text begin (3) was enrolled in a state or federal land conservation program and met the requirements new text end 95.33 new text begin of clause (1) or (2) before enrollment. new text end 95.34    (f) The public drainage authority may, as part of the repair, install control structures, 95.35realign the ditch, construct dikes along the ditch, or make other modifications as necessary 95.36to prevent drainage of the wetland. 96.1    (g) Wetlands of all types that would be drained as a part of a public drainage repair 96.2project are eligible for the permanent wetlands preserve under section 103F.516. The 96.3board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have 96.4been in existence for more than 25 years on public drainage systems and other wetlands 96.5that have the greatest risk of drainage from a public drainage repair project. 96.6    Sec. 124. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to 96.7read: 96.8    Subd. 3. Federal approvals. A replacement plan for wetlands is not required for: 96.9    (1) activities exempted from federal regulation under United States Code, title 33, 96.10section 1344(f), as in effect on January 1, 1991; 96.11    (2) activities authorized under, and conducted in accordance with, an applicable 96.12general permit issued by the United States Army Corps of Engineers under section 404 96.13of the federal Clean Water Act, United States Code, title 33, section 1344, except the 96.14nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 96.15clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 96.16January 1, 1991; or 96.17    (3) activities authorized under the federal Clean Water Act, section 404, or the 96.18Rivers and Harbors Act, section 10, regulations that meet minimum state standards 96.19under this chapter and sections 103A.202 and 103B.3355 and that have been approved 96.20by the Board of Water and Soil Resources, the commissioners of natural resources and 96.21agriculture, and the Pollution Control Agency. 96.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 96.23    Sec. 125. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to 96.24read: 96.25    Subd. 6. Utilities; public works. new text begin (a) new text end A replacement plan for wetlands is not 96.26required for: 96.27    (1) placement, maintenance, repair, enhancement, or replacement of utility or 96.28utility-type service if: 96.29    (i) the impacts of the proposed project on the hydrologic and biological 96.30characteristics of the wetland have been avoided and minimized to the extent possible; and 96.31    (ii) the proposed project significantly modifies or alters less than one-half acre of 96.32wetlands; 96.33    (2) activities associated with routine maintenance of utility and pipeline 96.34rights-of-way, provided the activities do not result in additional intrusion into the wetland; 97.1    (3) alteration of a wetland associated with the operation, maintenance, or repair of 97.2an interstate pipeline within all existing or acquired interstate pipeline rights-of-way; 97.3    (4) emergency repair and normal maintenance and repair of existing public works, 97.4provided the activity does not result in additional intrusion of the public works into the 97.5wetland and does not result in the draining or filling, wholly or partially, of a wetland; 97.6    (5) normal maintenance and minor repair of structures causing no additional 97.7intrusion of an existing structure into the wetland, and maintenance and repair of private 97.8crossings that do not result in the draining or filling, wholly or partially, of a wetland; or 97.9    (6) repair and updating of existing individual sewage treatment systems as necessary 97.10to comply with local, state, and federal regulations. 97.11     new text begin (1) new placement or maintenance, repair, enhancement, or replacement of existing new text end 97.12 new text begin utility or utility-type service, including pipelines, if: new text end 97.13     new text begin (i) the direct and indirect impacts of the proposed project have been avoided and new text end 97.14 new text begin minimized to the extent possible; and new text end 97.15     new text begin (ii) the proposed project significantly modifies or alters less than one-half acre of new text end 97.16 new text begin wetlands; new text end 97.17     new text begin (2) activities associated with operation, routine maintenance, or emergency repair of new text end 97.18 new text begin existing utilities and public work structures, including pipelines, provided the activities new text end 97.19 new text begin do not result in additional wetland intrusion or additional draining or filling of a wetland new text end 97.20 new text begin either wholly or partially; or new text end 97.21     new text begin (3) repair and updating of existing individual sewage treatment systems necessary to new text end 97.22 new text begin comply with local, state, and federal regulations. new text end 97.23     new text begin (b) For maintenance, repair, and replacement, the local government unit may issue new text end 97.24 new text begin a seasonal or annual exemption certification or the utility may proceed without local new text end 97.25 new text begin government unit certification if the utility is carrying out the work according to approved new text end 97.26 new text begin best management practices. Work of an emergency nature may proceed as necessary new text end 97.27 new text begin and any drain or fill activities shall be addressed with the local government unit after new text end 97.28 new text begin the emergency work has been completed. new text end 97.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 97.30    Sec. 126. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to 97.31read: 97.32    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a 97.33replacement plan for wetlands is not required for draining or filling the following amounts 97.34of wetlands as part of a project: 98.1    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and 98.2tamarack wetlands, outside of the shoreland wetland protection zone in a greater than 98.380 percent area; 98.4    (2) 5,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and 98.5tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent 98.6area new text begin , except within the 11-county metropolitan area new text end ; 98.7    (3) 2,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland 98.8protection zone in a less than 50 percent area new text begin , except within the 11-county metropolitan new text end 98.9 new text begin area new text end ; 98.10    (4) 400 new text begin 100 new text end square feet of wetland types not listed in clauses (1) to (3) outside of 98.11 new text begin the building setback zone of the new text end shoreland wetland protection zones in all counties; or 98.12    (5) 400 square feet of type 1, 2, 3, 4, 5, 6, 7, or 8 wetland new text begin types listed in clauses (1) new text end 98.13 new text begin to (3) new text end , in new text begin beyond new text end the new text begin building setback zone, as defined in the local shoreland management new text end 98.14 new text begin ordinance, but within the new text end shoreland wetland protection zone, except that new text begin . new text end In a greater 98.15than 80 percent area, the local government unit may increase the de minimis amount 98.16up to 1,000 square feet in the shoreland protection zone in areas beyond the building 98.17setback if the wetland is isolated and is determined to have no direct surficial connection 98.18to the public water. To the extent that a local shoreland management ordinance is more 98.19restrictive than this provision, the local shoreland ordinance applies. new text begin ; new text end 98.20     new text begin (6) up to 20 square feet of wetland, regardless of type or location; new text end 98.21     new text begin (7) 2,500 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and new text end 98.22 new text begin tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 percent new text end 98.23 new text begin area within the 11-county metropolitan area; or new text end 98.24     new text begin (8) 1,000 square feet of type 1, 2, or 6 wetland, outside of the shoreland wetland new text end 98.25 new text begin protection zone in a less than 50 percent area within the 11-county metropolitan area. new text end 98.26     new text begin For purposes of this paragraph, the 11-county metropolitan area consists of the new text end 98.27 new text begin counties of Anoka, Carver, Chisago, Dakota, Hennepin, Isanti, Ramsey, Scott, Sherburne, new text end 98.28 new text begin Washington, and Wright. new text end 98.29    (b) The amounts listed in paragraph (a), clauses (1) to (5) new text begin (8) new text end , may not be combined 98.30on a project. 98.31    (c) This exemption no longer applies to a landowner's portion of a wetland when 98.32the cumulative area drained or filled of the landowner's portion since January 1, 1992, is 98.33the greatest of: 98.34    (1) the applicable area listed in paragraph (a), if the landowner owns the entire 98.35wetland; 98.36    (2) five percent of the landowner's portion of the wetland; or 99.1    (3) 400 square feet. 99.2    (d) This exemption may not be combined with another exemption in this section on 99.3a project. 99.4     new text begin (e) Property may not be divided to increase the amounts listed in paragraph (a). new text end 99.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 99.6    Sec. 127. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 99.7read: 99.8    Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland 99.9under an exemption in subdivisions 1 to 10 shall ensure that: 99.10    (1) appropriate erosion control measures are taken to prevent sedimentation of 99.11the water; 99.12    (2) the activity does not block fish passage in a watercourse; and 99.13    (3) the activity is conducted in compliance with all other applicable federal, 99.14state, and local requirements, including best management practices and water resource 99.15protection requirements established under chapter 103H. 99.16    (b) An activity is exempt if it qualifies for any one of the exemptions, even though it 99.17may be indicated as not exempt under another exemption. 99.18    (c) Persons proposing to conduct an exempt activity are encouraged to contact the 99.19local government unit or the local government unit's designee for advice on minimizing 99.20wetland impacts. 99.21     new text begin (d) The board shall develop rules that address the application and implementation new text end 99.22 new text begin of exemptions and that provide for estimates and reporting of exempt wetland impacts, new text end 99.23 new text begin including those in section 103G.2241, subdivisions 2, 6, and 9. new text end 99.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 99.25    Sec. 128. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to 99.26read: 99.27    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, 99.28or type of a wetland shall be submitted to and determined by a Technical Evaluation 99.29Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 99.30a technical professional employee of the board, a technical professional employee of 99.31the local soil and water conservation district or districts, a technical professional with 99.32expertise in water resources management appointed by the local government unit, and 99.33a technical professional employee of the Department of Natural Resources for projects 99.34affecting public waters or wetlands adjacent to public waters. The panel shall use the 100.1"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 100.2including updates, supplementary guidance, and replacements, if any, "Wetlands of 100.3the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 100.4and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 100.5edition). The panel shall provide the wetland determination and recommendations on 100.6other technical matters to the local government unit that must approve a replacement 100.7plan, wetland banking plan, exemption determination, no-loss determination, or wetland 100.8boundary or type determination and may recommend approval or denial of the plan. The 100.9authority must consider and include the decision of the Technical Evaluation Panel in their 100.10approval or denial of a plan or determination. 100.11    (b) Persons conducting wetland or public waters boundary delineations or type 100.12determinations are exempt from the requirements of chapter 326. By January 15, 2001, 100.13the board, in consultation with the Minnesota Association of Professional Soil Scientists, 100.14the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 100.15for a professional wetland delineator certification program to the legislature. new text begin The board new text end 100.16 new text begin may develop a professional wetland delineator certification program. new text end 100.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 100.18    Sec. 129. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 100.19read: 100.20    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply 100.21for a wetland boundary or type determination from the local government unit. The 100.22landowner applying for the determination is responsible for submitting proof necessary 100.23to make the determination, including, but not limited to, wetland delineation field data, 100.24observation well data, topographic mapping, survey mapping, and information regarding 100.25soils, vegetation, hydrology, and groundwater both within and outside of the proposed 100.26wetland boundary. 100.27    (b) A local government unit that receives an application under paragraph (a) may 100.28seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 100.29necessary, expand the Technical Evaluation Panel. The local government unit may delegate 100.30the decision authority for wetland boundary or type determinations with the zoning 100.31administrator new text begin to designated staff new text end , or establish other procedures it considers appropriate. 100.32    (c) The local government unit decision must be made in compliance with section 100.3315.99 . Within ten calendar days of the decision, the local government unit decision must 100.34be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 101.1district or watershed management organization, if one exists, and individual members of 101.2the public who request a copy. 101.3    (d) new text begin Appeals of decisions made by designated local government staff must be made new text end 101.4 new text begin to the local government unit. Notwithstanding any law to the contrary, a ruling on an new text end 101.5 new text begin appeal must be made by the local government unit within 30 days from the date of the new text end 101.6 new text begin filing of the appeal. new text end 101.7     new text begin (e) new text end The local government unit decision is valid for three years unless the Technical 101.8Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 101.9or soils of the area have been sufficient to alter the wetland boundary or type. 101.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 101.11    Sec. 130. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to 101.12read: 101.13    Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 101.14wetland boundary or type determination, or no-loss decision new text begin , or restoration order new text end may 101.15be obtained by mailing a petition and payment of a filing fee of $200, which shall be 101.16retained by the board to defray administrative costs, to the board within 30 days after the 101.17postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 101.1830 days, the decision becomes final. The local government unit may require the petitioner 101.19to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 101.20petition for hearing is accepted, the amount posted must be returned to the petitioner. 101.21Appeal may be made by: 101.22    (1) the wetland owner; 101.23    (2) any of those to whom notice is required to be mailed under subdivision 7; or 101.24    (3) 100 residents of the county in which a majority of the wetland is located. 101.25    (b) Within 30 days after receiving a petition, the board shall decide whether to 101.26grant the petition and hear the appeal. The board shall grant the petition unless the board 101.27finds that: 101.28    (1) the appeal is meritless, trivial, or brought solely for the purposes of delay; 101.29    (2) the petitioner has not exhausted all local administrative remedies; 101.30    (3) expanded technical review is needed; 101.31    (4) the local government unit's record is not adequate; or 101.32    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 101.33by the local government unit. 102.1    (c) In determining whether to grant the appeal, the board shall also consider the 102.2size of the wetland, other factors in controversy, any patterns of similar acts by the local 102.3government unit or petitioner, and the consequences of the delay resulting from the appeal. 102.4    (d) All appeals must be heard by the committee for dispute resolution of the board, 102.5and a decision made within 60 days of filing the local government unit's record and the 102.6written briefs submitted for the appeal. The decision must be served by mail on the parties 102.7to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 102.8grant a petition for appeal and a decision on the merits of an appeal must be considered the 102.9decision of an agency in a contested case for purposes of judicial review under sections 102.1014.63 to 14.69. 102.11     new text begin (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to new text end 102.12 new text begin defray the administrative costs of appeals made to the board under this subdivision. Fees new text end 102.13 new text begin established under this authority shall not exceed $1,000. Establishment of the fee is not new text end 102.14 new text begin subject to the rulemaking process of chapter 14 and section 14.386 does not apply. new text end 102.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 102.16    Sec. 131. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 102.17read: 102.18    Subd. 12. Replacement credits. (a) No public or private wetland restoration, 102.19enhancement, or construction may be allowed for replacement unless specifically 102.20designated for replacement and paid for by the individual or organization performing the 102.21wetland restoration, enhancement, or construction, and is completed prior to any draining 102.22or filling of the wetland. 102.23    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with 102.24interest the individual or organization restoring, enhancing, or constructing the wetland. 102.25    (c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) new text begin (i) new text end , the 102.26following actions, and others established in rule, that are consistent with criteria in rules 102.27adopted by the board in conjunction with the commissioners of natural resources and 102.28agriculture, are eligible for replacement credit as determined by the local government unit, 102.29including enrollment in a statewide wetlands bank: 102.30    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 102.31on agricultural land that was planted with annually seeded crops, was in a crop rotation 102.32seeding of pasture grasses or legumes, or was in a land retirement program during the 102.33past ten years; 102.34    (2) buffer areas of permanent native, noninvasive vegetative cover established or 102.35preserved on upland adjacent to replacement wetlands; 103.1    (3) wetlands restored for conservation purposes under terminated easements or 103.2contracts; and 103.3    (4) water quality treatment ponds constructed to pretreat storm water runoff prior 103.4to discharge to wetlands, public waters, or other water bodies, provided that the water 103.5quality treatment ponds must be associated with an ongoing or proposed project that 103.6will impact a wetland and replacement credit for the treatment ponds is based on the 103.7replacement of wetland functions and on an approved stormwater management plan for 103.8the local government. 103.9    (d) Notwithstanding section 103G.222, subdivision 1, paragraphs (e) new text begin (f) new text end and (f) new text begin (g) new text end , 103.10the board may establish by rule different replacement ratios for restoration projects with 103.11exceptional natural resource value. 103.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 103.13    Sec. 132. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 103.14read: 103.15    Subd. 15. Fees paid to board. All fees established in subdivision new text begin subdivisions 9 new text end 103.16 new text begin and new text end 14 must be paid to the Board of Water and Soil Resources and credited to the general 103.17fund to be used for the purpose of administration of the wetland bank new text begin and to process new text end 103.18 new text begin appeals under section 103G.2242, subdivision 9 new text end . 103.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 103.20    Sec. 133. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 103.21read: 103.22    Subd. 2. Plan contents. A comprehensive wetland protection and management 103.23plan may: 103.24    (1) provide for classification of wetlands in the plan area based on: 103.25    (i) an inventory of wetlands in the plan area; 103.26    (ii) an assessment of the wetland functions listed in section 103B.3355, using a 103.27methodology chosen by the Technical Evaluation Panel from one of the methodologies 103.28established or approved by the board under that section; and 103.29    (iii) the resulting public values; 103.30    (2) vary application of the sequencing standards in section 103G.222, subdivision 1, 103.31paragraph (b), for projects based on the classification and criteria set forth in the plan; 103.32    (3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs 103.33(e) new text begin (f) new text end and (f) new text begin (g) new text end , based on the classification and criteria set forth in the plan, for specific 104.1wetland impacts provided there is no net loss of public values within the area subject to 104.2the plan, and so long as: 104.3    (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 104.4wetland for each acre of drained or filled wetland requiring replacement is met within 104.5the area subject to the plan; and 104.6    (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 104.7replaced wetland for each acre of drained or filled wetland requiring replacement is met 104.8within the area subject to the plan, except that replacement for the amount above a 1:1 104.9ratio can be accomplished as described in section 103G.2242, subdivision 12; new text begin and new text end 104.10    (4) in a greater than 80 percent area, allow replacement credit, based on the 104.11classification and criteria set forth in the plan, for any project that increases the public 104.12value of wetlands, including activities on adjacent upland acres; and new text begin . new text end 104.13    (5) in a greater than 80 percent area, based on the classification and criteria set forth 104.14in the plan, expand the application of the exemptions in section 103G.2241, subdivision 104.151 , paragraph (a), clause (4), to also include nonagricultural land, provided there is no 104.16net loss of wetland values. 104.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 104.18    Sec. 134. Minnesota Statutes 2006, section 103G.235, is amended to read: 104.19103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS. 104.20     new text begin Subdivision 1. new text end new text begin Wetlands adjacent to roads. new text end To protect the public health or safety, 104.21local units of government may by ordinance restrict public access to public waters 104.22wetlands from municipality, county, or township roads that abut public waters wetlands. 104.23     new text begin Subd. 2. new text end new text begin Privately restored or created wetlands. new text end new text begin When a landowner creates a new new text end 104.24 new text begin wetland or restores a formerly existing wetland on private land that is adjacent to public new text end 104.25 new text begin land or a public road right-of-way, there is no public access to the created or restored new text end 104.26 new text begin wetland if posted by the landowner. new text end 104.27    Sec. 135. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to 104.28read: 104.29    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of 104.30receiving, recording, and processing the application must be paid for a permit authorized 104.31under this chapter and for each request to amend or transfer an existing permit. 104.32     new text begin (b) The fee for a project appropriating water in excess of 100 million gallons per new text end 104.33 new text begin year must be assessed to recover the reasonable costs of preparing and processing the new text end 104.34 new text begin permit, including costs for environmental review. Fees collected under this paragraph new text end 105.1 new text begin must be credited to an account in the natural resources fund and are appropriated to the new text end 105.2 new text begin commissioner for fiscal years 2008 and 2009. new text end 105.3    (b) new text begin (c) new text end The fee to apply for a permit to appropriate water, new text begin other than a permit subject new text end 105.4 new text begin to the fee under paragraph (b); new text end a permit to construct or repair a dam that is subject to dam 105.5safety inspection, new text begin ; new text end or a state general permit or to apply for the state water bank program is 105.6$150. The application fee for a permit to work in public waters or to divert waters for 105.7mining must be at least $150, but not more than $1,000, according to a schedule of fees 105.8adopted under section 16A.1285. 105.9    Sec. 136. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read: 105.10    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections 105.11115.55 to 115.56. 105.12    (b) "Advisory committee" means the Advisory Committee on Individual Sewage 105.13Treatment Systems established under the individual sewage treatment system rules. The 105.14advisory committee must be appointed to ensure geographic representation of the state 105.15and include elected public officials. 105.16    (c) "Applicable requirements" means: 105.17    (1) local ordinances that comply with the individual sewage treatment system rules, 105.18as required in subdivision 2; or 105.19    (2) in areas not subject to the ordinances described in clause (1), the individual 105.20sewage treatment system rules. 105.21    (d) "City" means a statutory or home rule charter city. 105.22    (e) "Commissioner" means the commissioner of the Pollution Control Agency. 105.23    (f) "Dwelling" means a building or place used or intended to be used by human 105.24occupants as a single-family or two-family unit. 105.25    (g) "Individual sewage treatment system" or "system" means a sewage treatment 105.26system, or part thereof, serving a dwelling, other establishment, or group thereof, that 105.27uses subsurface soil treatment and disposal new text begin , or a holding tank, serving a dwelling, other new text end 105.28 new text begin establishment, or a group thereof new text end . 105.29    (h) "Individual sewage treatment system professional" means an inspector, installer, 105.30site evaluator or designer, or pumper. 105.31    (i) "Individual sewage treatment system rules" means rules adopted by the agency 105.32that establish minimum standards and criteria for the design, location, installation, use, 105.33and maintenance of individual sewage treatment systems. 105.34    (j) "Inspector" means a person who inspects individual sewage treatment systems for 105.35compliance with the applicable requirements. 106.1    (k) "Installer" means a person who constructs or repairs individual sewage treatment 106.2systems. 106.3    (l) "Local unit of government" means a township, city, or county. 106.4    (m) new text begin "Performance-based system" means a system that is designed specifically for a new text end 106.5 new text begin site and the environmental conditions on that site and designed to adequately protect the new text end 106.6 new text begin public health and the environment and provide long-term performance. At a minimum, a new text end 106.7 new text begin performance based system must ensure that applicable water quality standards are met in new text end 106.8 new text begin both ground and surface water that ultimately receive the treated wastewater. new text end 106.9     new text begin (n) new text end "Pumper" means a person who maintains components of individual sewage 106.10treatment systems including, but not limited to, septic, aerobic, and holding tanks. 106.11    (n) new text begin (o) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 106.12180 days per year and less than 120 consecutive days. 106.13    (o) new text begin (p) new text end "Septic system tank" means any covered receptacle designed, constructed, 106.14and installed as part of an individual sewage treatment system. 106.15    (p) new text begin (q) new text end "Site evaluator or designer" means a person who: 106.16    (1) investigates soils and site characteristics to determine suitability, limitations, and 106.17sizing requirements; and 106.18    (2) designs individual sewage treatment systems. 106.19    (q) new text begin (r) new text end "Straight-pipe system" means a sewage disposal system that includes toilet 106.20waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage 106.21system, or ground surface. 106.22    Sec. 137. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read: 106.23    Subd. 2. Local ordinances. (a) All counties that did not adopt ordinances by 106.24May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with 106.25 new text begin revisions to the new text end individual sewage treatment system rules by January 1, 1999, unless all 106.26towns and cities in the county have adopted such ordinances new text begin within two years of the final new text end 106.27 new text begin adoption by the agency new text end . County ordinances must apply to all areas of the county other 106.28than cities or towns that have adopted ordinances that comply with this section and are 106.29as strict as the applicable county ordinances. Any ordinance adopted by a local unit of 106.30government before May 7, 1994, to regulate individual sewage treatment systems must be 106.31in compliance with the individual sewage treatment system rules by January 1, 1998. 106.32    (b) A copy of each ordinance adopted under this subdivision must be submitted to 106.33the commissioner upon adoption. 106.34    (c) A local unit of government must make available to the public upon request a 106.35written list of any differences between its ordinances and rules adopted under this section. 107.1    Sec. 138. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read: 107.2    Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and 107.3criteria for the design, location, installation, use, and maintenance of individual sewage 107.4treatment systems. The rules must include: 107.5    (1) how the agency will ensure compliance under subdivision 2; 107.6    (2) how local units of government shall enforce ordinances under subdivision 2, 107.7including requirements for permits and inspection programs; 107.8    (3) how the advisory committee will participate in review and implementation of 107.9the rules; 107.10    (4) provisions for alternative new text begin nonstandard new text end systems new text begin and performance-based systems new text end ; 107.11    (5) provisions for handling and disposal of effluent; 107.12    (6) provisions for system abandonment; and 107.13    (7) procedures for variances, including the consideration of variances based on cost 107.14and variances that take into account proximity of a system to other systems. 107.15    (b) The agency shall consult with the advisory committee before adopting rules 107.16under this subdivision. 107.17    (c) Notwithstanding the repeal of the agency rule under which the commissioner 107.18has established a list of warrantied individual sewage treatment systems, the warranties 107.19for all systems so listed as of the effective date of the repeal shall continue to be valid 107.20for the remainder of the warranty period. 107.21    (d) The rules required in paragraph (a) must also address the following: 107.22    (1) a definition of redoximorphic features and other criteria that can be used by 107.23system designers and inspectors; 107.24    (2) direction on the interpretation of observed soil features that may be 107.25redoximorphic and their relation to zones of seasonal saturation; and 107.26    (3) procedures on how to resolve professional disagreements on seasonally saturated 107.27soils. 107.28These rules must be in place by March 31, 2006. 107.29    Sec. 139. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision 107.30to read: 107.31     new text begin Subd. 12. new text end new text begin Advisory committee; county individual sewage treatment system new text end 107.32 new text begin management plan. new text end new text begin (a) A county may adopt an individual sewage treatment system new text end 107.33 new text begin management plan that describes how the county plans on carrying out individual sewage new text end 107.34 new text begin treatment system needs. The commissioner of the Pollution Control Agency shall form an new text end 107.35 new text begin advisory committee to determine what the plans should address. The advisory committee new text end 108.1 new text begin shall be made up of representatives of the Association of Minnesota Counties, Pollution new text end 108.2 new text begin Control Agency, Board of Water and Soil Resources, Department of Health, and other new text end 108.3 new text begin public agencies or local units of government that have an interest in individual sewage new text end 108.4 new text begin treatment systems. new text end 108.5     new text begin (b) The advisory committee shall advise the agency on the standards, management, new text end 108.6 new text begin monitoring, and reporting requirements for performance-based systems. new text end 108.7    Sec. 140. Minnesota Statutes 2006, section 116C.92, is amended to read: 108.8116C.92 COORDINATION OF ACTIVITIES. 108.9     new text begin Subdivision 1. new text end new text begin State coordinating organization. new text end The Environmental Quality Board 108.10is designated the state coordinating organization for state and federal regulatory activities 108.11relating to genetically engineered organisms. 108.12     new text begin Subd. 2. new text end new text begin Notice of nationwide action. new text end new text begin The board shall notify interested parties if a new text end 108.13 new text begin permit to release genetically engineered wild rice is issued anywhere in the United States. new text end 108.14 new text begin For purposes of this subdivision, "interested parties" means: new text end 108.15     new text begin (1) the state's wild rice industry; new text end 108.16     new text begin (2) the legislature; new text end 108.17     new text begin (3) federally recognized tribes within Minnesota; and new text end 108.18     new text begin (4) individuals who request to be notified. new text end 108.19    Sec. 141. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read: 108.20    Subdivision 1. General authority. new text begin (a) Except as provided in paragraph (b), new text end the 108.21board shall adopt rules consistent with sections 116C.91 to 116C.96 that require an 108.22environmental assessment worksheet and otherwise comply with chapter 116D and rules 108.23adopted under it for a proposed release and a permit for a release. The board may place 108.24conditions on a permit and may deny, modify, suspend, or revoke a permit. 108.25     new text begin (b) The board shall adopt rules that require an environmental impact statement and new text end 108.26 new text begin otherwise comply with chapter 116D and rules adopted under it for a proposed release and new text end 108.27 new text begin a permit for a release of genetically engineered wild rice. The board may place conditions new text end 108.28 new text begin on the permit and may deny, modify, suspend, or revoke the permit. new text end 108.29    Sec. 142. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read: 108.30    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at 108.31the request of any person, that a federal program exists for regulating the release of certain 108.32genetically engineered organisms and the federal oversight under the program is adequate 108.33to protect human health or the environment, then any person may release such genetically 109.1engineered organisms after obtaining the necessary federal approval and without obtaining 109.2a state release permit or a significant environmental permit or complying with the other 109.3requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 109.4to section 116C.94. 109.5    (b) If the board determines the federal program is adequate to meet only certain 109.6requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 109.7to section 116C.94, the board may exempt such releases from those requirements. 109.8    (c) A person proposing a release for which a federal authorization is required may 109.9apply to the board for an exemption from the board's permit or to a state agency with a 109.10significant environmental permit for the proposed release for an exemption from the 109.11agency's permit. The proposer must file with the board or state agency a written request 109.12for exemption with a copy of the federal application and the information necessary to 109.13determine if there is a potential for significant environmental effects under chapter 116D 109.14and rules adopted under it. The board or state agency shall give public notice of the request 109.15in the first available issue of the EQB Monitor and shall provide an opportunity for public 109.16comment on the environmental review process consistent with chapter 116D and rules 109.17adopted under it. The board or state agency may grant the exemption if the board or state 109.18agency finds that the federal authorization issued is adequate to meet the requirements of 109.19chapter 116D and rules adopted under it and any other requirement of the board's or state 109.20agency's authority regarding the release of genetically engineered organisms. The board 109.21or state agency must grant or deny the exemption within 45 days after the receipt of the 109.22written request and the information required by the board or state agency. 109.23     new text begin (d) This subdivision does not apply to genetically engineered organisms for which new text end 109.24 new text begin an environmental impact statement is required under sections 116C.91 to 116C.96. new text end 109.25    Sec. 143. new text begin [144.995] DEFINITIONS; ENVIRONMENTAL HEALTH TRACKING new text end 109.26 new text begin AND BIOMONITORING. new text end 109.27     new text begin (a) For purposes of sections 144.995 to 144.998, the terms in this section have new text end 109.28 new text begin the meanings given. new text end 109.29     new text begin (b) "Advisory panel" means the Environmental Health Tracking and Biomonitoring new text end 109.30 new text begin Advisory Panel established under section 144.998. new text end 109.31     new text begin (c) "Biomonitoring" means the process by which chemicals and their metabolites are new text end 109.32 new text begin identified and measured within a biospecimen. new text end 109.33     new text begin (d) "Biospecimen" means a sample of human fluid, serum, or tissue that is reasonably new text end 109.34 new text begin available as a medium to measure the presence and concentration of chemicals or their new text end 109.35 new text begin metabolites in a human body. new text end 110.1     new text begin (e) "Commissioner" means the commissioner of the Department of Health. new text end 110.2     new text begin (f) "Community" means geographically or nongeographically based populations that new text end 110.3 new text begin may participate in the biomonitoring program. A "nongeographical community" includes, new text end 110.4 new text begin but is not limited to, populations that may share a common chemical exposure through new text end 110.5 new text begin similar occupations, populations experiencing a common health outcome that may be new text end 110.6 new text begin linked to chemical exposures, populations that may experience similar chemical exposures new text end 110.7 new text begin because of comparable consumption, lifestyle, product use, and subpopulations that share new text end 110.8 new text begin ethnicity, age, or gender. new text end 110.9     new text begin (g) "Department" means the Department of Health. new text end 110.10     new text begin (h) "Designated chemicals" means those chemicals that are known to, or strongly new text end 110.11 new text begin suspected of, adversely impacting human health or development, based upon scientific, new text end 110.12 new text begin peer-reviewed animal, human, or in vitro studies, and baseline human exposure data, new text end 110.13 new text begin and consists of chemical families or metabolites that are included in the federal Centers new text end 110.14 new text begin for Disease Control and Prevention studies that are known collectively as the National new text end 110.15 new text begin Reports on Human Exposure to Environmental Chemicals Program and any substances new text end 110.16 new text begin specified by the commissioner after receiving recommendations under section 144.998, new text end 110.17 new text begin subdivision 3, clause (6). new text end 110.18     new text begin (i) "Environmental hazard" means a chemical or other substance for which scientific, new text end 110.19 new text begin peer-reviewed studies of humans, animals, or cells have demonstrated that the chemical is new text end 110.20 new text begin known or reasonably anticipated to adversely impact human health. new text end 110.21     new text begin (j) "Environmental health tracking" means collection, integration, analysis, and new text end 110.22 new text begin dissemination of data on human exposures to chemicals in the environment and on new text end 110.23 new text begin diseases potentially caused or aggravated by those chemicals. new text end 110.24    Sec. 144. new text begin [144.996] ENVIRONMENTAL HEALTH TRACKING; new text end 110.25 new text begin BIOMONITORING. new text end 110.26     new text begin Subdivision 1. new text end new text begin Environmental health tracking. new text end new text begin In cooperation with the new text end 110.27 new text begin commissioner of the Pollution Control Agency, the commissioner shall establish an new text end 110.28 new text begin environmental health tracking program to: new text end 110.29     new text begin (1) coordinate data collection with the Pollution Control Agency, Department of new text end 110.30 new text begin Agriculture, University of Minnesota, and any other relevant state agency and work to new text end 110.31 new text begin promote the sharing of and access to health and environmental databases to develop an new text end 110.32 new text begin environmental health tracking system for Minnesota, consistent with applicable data new text end 110.33 new text begin practices laws; new text end 110.34     new text begin (2) facilitate the dissemination of aggregate public health tracking data to the public new text end 110.35 new text begin and researchers in accessible format; new text end 111.1     new text begin (3) develop a strategic plan that includes a mission statement, the identification new text end 111.2 new text begin of core priorities for research and epidemiologic surveillance, and the identification of new text end 111.3 new text begin internal and external stakeholders, and a work plan describing future program development new text end 111.4 new text begin and addressing issues having to do with compatibility with the Centers for Disease Control new text end 111.5 new text begin and Prevention's National Environmental Public Health Tracking Program; new text end 111.6     new text begin (4) develop written data sharing agreements as needed with the Pollution Control new text end 111.7 new text begin Agency, Department of Agriculture, and other relevant state agencies and organizations, new text end 111.8 new text begin and develop additional procedures as needed to protect individual privacy; new text end 111.9     new text begin (5) organize, analyze, and interpret available data, in order to: new text end 111.10     new text begin (i) characterize statewide and localized trends and geographic patterns of new text end 111.11 new text begin population-based measures of chronic diseases including, but not limited to, cancer, new text end 111.12 new text begin respiratory diseases, reproductive problems, birth defects, neurologic diseases, and new text end 111.13 new text begin developmental disorders; new text end 111.14     new text begin (ii) characterize statewide and localized trends and geographic patterns in the new text end 111.15 new text begin occurrence of environmental hazards and exposures; new text end 111.16     new text begin (iii) assess the feasibility of integrating disease rate data with indicators of exposure new text end 111.17 new text begin to the selected environmental hazards such as biomonitoring data, and other health and new text end 111.18 new text begin environmental data; new text end 111.19     new text begin (iv) incorporate newly collected and existing health tracking and biomonitoring new text end 111.20 new text begin data into efforts to identify communities with elevated rates of chronic disease, higher new text end 111.21 new text begin likelihood of exposure to environmental hazards, or both; new text end 111.22     new text begin (v) analyze occurrence of environmental hazards, exposures, and diseases with new text end 111.23 new text begin relation to socioeconomic status, race, and ethnicity; new text end 111.24     new text begin (vi) develop and implement targeted plans to conduct more intensive health tracking new text end 111.25 new text begin and biomonitoring among communities; and new text end 111.26     new text begin (vii) work with the Pollution Control Agency, the Department of Agriculture, and new text end 111.27 new text begin other relevant state agency personnel and organizations to develop, implement, and new text end 111.28 new text begin evaluate preventive measures to reduce elevated rates of diseases and exposures identified new text end 111.29 new text begin through activities performed under sections 144.995 to 144.998; and new text end 111.30     new text begin (6) submit a biennial report to the chairs and ranking members of the committees new text end 111.31 new text begin with jurisdiction over environment and health by January 15, beginning January 15, 2009, new text end 111.32 new text begin on the status of environmental health tracking activities and related research programs, new text end 111.33 new text begin with recommendations for a comprehensive environmental public health tracking program. new text end 111.34     new text begin Subd. 2. new text end new text begin Biomonitoring. new text end new text begin The commissioner shall: new text end 112.1     new text begin (1) conduct biomonitoring of communities on a voluntary basis by collecting and new text end 112.2 new text begin analyzing biospecimens, as appropriate, to assess environmental exposures to designated new text end 112.3 new text begin chemicals; new text end 112.4     new text begin (2) conduct biomonitoring of pregnant women and minors on a voluntary basis, new text end 112.5 new text begin when scientifically appropriate; new text end 112.6     new text begin (3) communicate findings to the public, and plan ensuing stages of biomonitoring new text end 112.7 new text begin and disease tracking work to further develop and refine the integrated analysis; new text end 112.8     new text begin (4) share analytical results with the advisory panel and work with the panel new text end 112.9 new text begin to interpret results, communicate findings to the public, and plan ensuing stages of new text end 112.10 new text begin biomonitoring work; and new text end 112.11     new text begin (5) submit a biennial report to the chairs and ranking members of the committees new text end 112.12 new text begin with jurisdiction over environment and health by January 15, beginning January 15, 2009, new text end 112.13 new text begin on the status of the biomonitoring program and any recommendations for improvement. new text end 112.14     new text begin Subd. 3. new text end new text begin Health data. new text end new text begin Data collected under the biomonitoring program are health new text end 112.15 new text begin data under section 13.3805. new text end 112.16    Sec. 145. new text begin [144.997] BIOMONITORING PILOT PROGRAM. new text end 112.17     new text begin Subdivision 1. new text end new text begin Pilot program. new text end new text begin With advice from the advisory panel, and after the new text end 112.18 new text begin program guidelines in subdivision 4 are developed, the commissioner shall implement a new text end 112.19 new text begin biomonitoring pilot program. The program shall collect one biospecimen from each of new text end 112.20 new text begin the voluntary participants. The biospecimen selected must be the biospecimen that most new text end 112.21 new text begin accurately represents body concentration of the chemical of interest. Each biospecimen new text end 112.22 new text begin from the voluntary participants must be analyzed for one type or class of related chemicals. new text end 112.23 new text begin The commissioner shall determine the chemical or class of chemicals to which community new text end 112.24 new text begin members were most likely exposed. The program shall collect and assess biospecimens in new text end 112.25 new text begin accordance with the following: new text end 112.26     new text begin (1) 30 voluntary participants from each of three communities that the commissioner new text end 112.27 new text begin identifies as likely to have been exposed to a designated chemical; new text end 112.28     new text begin (2) 100 voluntary participants from each of two communities: new text end 112.29     new text begin (i) that the commissioner identifies as likely to have been exposed to arsenic; and new text end 112.30     new text begin (ii) that the commissioner identifies as likely to have been exposed to mercury; and new text end 112.31     new text begin (3) 100 voluntary participants from each of two communities that the commissioner new text end 112.32 new text begin identifies as likely to have been exposed to perfluorinated chemicals, including new text end 112.33 new text begin perfluorobutanoic acid. new text end 113.1     new text begin Subd. 2. new text end new text begin Base program. new text end new text begin (a) By January 15, 2008, the commissioner shall submit a new text end 113.2 new text begin report on the results of the biomonitoring pilot program to the chairs and ranking members new text end 113.3 new text begin of the committees with jurisdiction over health and environment. new text end 113.4     new text begin (b) new text end new text begin Following the conclusion of the pilot program, the commissioner shall: new text end 113.5     new text begin (1) work with the advisory panel to assess the usefulness of continuing biomonitoring new text end 113.6 new text begin among members of communities assessed during the pilot program and to identify other new text end 113.7 new text begin communities and other designated chemicals to be assessed via biomonitoring; new text end 113.8     new text begin (2) work with the advisory panel to assess the pilot program, including but not new text end 113.9 new text begin limited to the validity and accuracy of the analytical measurements and adequacy of the new text end 113.10 new text begin guidelines and protocols; new text end 113.11     new text begin (3) communicate the results of the pilot program to the public; and new text end 113.12     new text begin (4) after consideration of the findings and recommendations in clauses (1) and (2), new text end 113.13 new text begin and within the appropriations available, develop and implement a base program. new text end 113.14     new text begin Subd. 3. new text end new text begin Participation. new text end new text begin (a) Participation in the biomonitoring program by providing new text end 113.15 new text begin biospecimens is voluntary and requires written, informed consent. Minors may participate new text end 113.16 new text begin in the program if a written consent is signed by the minor's parent or legal guardian. new text end 113.17 new text begin The written consent must include the information required to be provided under this new text end 113.18 new text begin subdivision to all voluntary participants. new text end 113.19     new text begin (b) All participants shall be evaluated for the presence of the designated chemical new text end 113.20 new text begin of interest as a component of the biomonitoring process. Participants shall be provided new text end 113.21 new text begin with information and fact sheets about the program's activities and its findings. new text end 113.22 new text begin Individual participants shall, if requested, receive their complete results. Any results new text end 113.23 new text begin provided to participants shall be subject to the Department of Health Institutional new text end 113.24 new text begin Review Board protocols and guidelines. When either physiological or chemical data new text end 113.25 new text begin obtained from a participant indicate a significant known health risk, program staff new text end 113.26 new text begin experienced in communicating biomonitoring results shall consult with the individual new text end 113.27 new text begin and recommend follow-up steps, as appropriate. Program administrators shall receive new text end 113.28 new text begin training in administering the program in an ethical, culturally sensitive, participatory, new text end 113.29 new text begin and community-based manner. new text end 113.30     new text begin Subd. 4. new text end new text begin Program guidelines. new text end new text begin (a) The commissioner, in consultation with the new text end 113.31 new text begin advisory panel, shall develop: new text end 113.32     new text begin (1) protocols or program guidelines that address the science and practice of new text end 113.33 new text begin biomonitoring to be utilized and procedures for changing those protocols to incorporate new text end 113.34 new text begin new and more accurate or efficient technologies as they become available. The new text end 113.35 new text begin commissioner and the advisory panel shall be guided by protocols and guidelines new text end 114.1 new text begin developed by the Centers for Disease Control and Prevention and the National new text end 114.2 new text begin Biomonitoring Program; new text end 114.3     new text begin (2) guidelines for ensuring the privacy of information; informed consent; follow-up new text end 114.4 new text begin counseling and support; and communicating findings to participants, communities, and new text end 114.5 new text begin the general public. The informed consent used for the program must meet the informed new text end 114.6 new text begin consent protocols developed by the National Institutes of Health; new text end 114.7     new text begin (3) educational and outreach materials that are culturally appropriate for new text end 114.8 new text begin dissemination to program participants and communities. Priority shall be given to the new text end 114.9 new text begin development of materials specifically designed to ensure that parents are informed about new text end 114.10 new text begin all of the benefits of breastfeeding so that the program does not result in an unjustified fear new text end 114.11 new text begin of toxins in breast milk, which might inadvertently lead parents to avoid breastfeeding. new text end 114.12 new text begin The materials shall communicate relevant scientific findings; data on the accumulation new text end 114.13 new text begin of pollutants to community health; and the required responses by local, state, and other new text end 114.14 new text begin governmental entities in regulating toxicant exposures; new text end 114.15     new text begin (4) a training program that is culturally sensitive specifically for health care new text end 114.16 new text begin providers, health educators, and other program administrators; new text end 114.17     new text begin (5) a designation process for state and private laboratories that are qualified to new text end 114.18 new text begin analyze biospecimens and report the findings; and new text end 114.19     new text begin (6) a method for informing affected communities and local governments representing new text end 114.20 new text begin those communities concerning biomonitoring activities and for receiving comments from new text end 114.21 new text begin citizens concerning those activities. new text end 114.22     new text begin (b) The commissioner may enter into contractual agreements with health clinics, new text end 114.23 new text begin community-based organizations, or experts in a particular field to perform any of the new text end 114.24 new text begin activities described under this section. new text end 114.25    Sec. 146. new text begin [144.998] ENVIRONMENTAL HEALTH TRACKING AND new text end 114.26 new text begin BIOMONITORING ADVISORY PANEL. new text end 114.27     new text begin Subdivision 1. new text end new text begin Creation. new text end new text begin The commissioner shall establish the Environmental new text end 114.28 new text begin Health Tracking and Biomonitoring Advisory Panel. The commissioner shall appoint, new text end 114.29 new text begin from the panel's membership, a chair. The panel shall meet as often as it deems necessary new text end 114.30 new text begin but, at a minimum, on a quarterly basis. Members of the panel shall serve without new text end 114.31 new text begin compensation but shall be reimbursed for travel and other necessary expenses incurred new text end 114.32 new text begin through performance of their duties. Members appointed by the commissioner are new text end 114.33 new text begin appointed for a three-year term and may be reappointed. Legislative appointees serve at new text end 114.34 new text begin the pleasure of the appointing authority. new text end 115.1     new text begin Subd. 2. new text end new text begin Members. new text end new text begin (a) The commissioner shall appoint eight members, none of new text end 115.2 new text begin whom may be lobbyists registered under chapter 10A, who have backgrounds or training new text end 115.3 new text begin in designing, implementing, and interpreting health tracking and biomonitoring studies or new text end 115.4 new text begin in related fields of science, including epidemiology, biostatistics, environmental health, new text end 115.5 new text begin laboratory sciences, occupational health, industrial hygiene, toxicology, and public health, new text end 115.6 new text begin including: new text end 115.7     new text begin (1) at least two scientists representative of each of the following: new text end 115.8     new text begin (i) nongovernmental organizations with a focus on environmental health, new text end 115.9 new text begin environmental justice, children's health, or on specific chronic diseases; and new text end 115.10     new text begin (ii) statewide business organizations; and new text end 115.11     new text begin (2) at least one scientist who is a representative of the University of Minnesota. new text end 115.12     new text begin (b) Two citizen panel members meeting the scientific qualifications in paragraph (a) new text end 115.13 new text begin shall be appointed, one by the speaker of the house and one by the senate majority leader. new text end 115.14     new text begin (c) In addition, one representative each shall be appointed by the commissioners of new text end 115.15 new text begin the Pollution Control Agency and the Department of Agriculture, and by the commissioner new text end 115.16 new text begin of health to represent the department's Health Promotion and Chronic Disease Division. new text end 115.17     new text begin Subd. 3. new text end new text begin Duties. new text end new text begin The advisory panel shall make recommendations to the new text end 115.18 new text begin commissioner and the legislature on: new text end 115.19     new text begin (1) priorities for health tracking; new text end 115.20     new text begin (2) priorities for biomonitoring that are based on sound science and practice, and new text end 115.21 new text begin that will advance the state of public health in Minnesota; new text end 115.22     new text begin (3) specific chronic diseases to study under the environmental health tracking system; new text end 115.23     new text begin (4) specific environmental hazard exposures to study under the environmental health new text end 115.24 new text begin tracking system, with the agreement of at least nine of the advisory panel members; new text end 115.25     new text begin (5) specific communities and geographic areas on which to focus environmental new text end 115.26 new text begin health tracking and biomonitoring efforts; new text end 115.27     new text begin (6) specific chemicals to study under the biomonitoring program, with the agreement new text end 115.28 new text begin of at least nine of the advisory panel members; in making these recommendations, the new text end 115.29 new text begin panel may consider the following criteria: new text end 115.30     new text begin (i) the degree of potential exposure to the public or specific subgroups, including, new text end 115.31 new text begin but not limited to, occupational; new text end 115.32     new text begin (ii) the likelihood of a chemical being a carcinogen or toxicant based on new text end 115.33 new text begin peer-reviewed health data, the chemical structure, or the toxicology of chemically related new text end 115.34 new text begin compounds; new text end 115.35     new text begin (iii) the limits of laboratory detection for the chemical, including the ability to detect new text end 115.36 new text begin the chemical at low enough levels that could be expected in the general population; new text end 116.1     new text begin (iv) exposure or potential exposure to the public or specific subgroups; new text end 116.2     new text begin (v) the known or suspected health effects resulting from the same level of exposure new text end 116.3 new text begin based on peer-reviewed scientific studies; new text end 116.4     new text begin (vi) the need to assess the efficacy of public health actions to reduce exposure to a new text end 116.5 new text begin chemical; new text end 116.6     new text begin (vii) the availability of a biomonitoring analytical method with adequate accuracy, new text end 116.7 new text begin precision, sensitivity, specificity, and speed; new text end 116.8     new text begin (viii) the availability of adequate biospecimen samples; or new text end 116.9     new text begin (ix) other criteria that the panel may agree to; and new text end 116.10     new text begin (7) other aspects of the design, implementation, and evaluation of the environmental new text end 116.11 new text begin health tracking and biomonitoring system, including, but not limited to: new text end 116.12     new text begin (i) identifying possible community partners and sources of additional public or new text end 116.13 new text begin private funding; new text end 116.14     new text begin (ii) developing outreach and educational methods and materials; and new text end 116.15     new text begin (iii) disseminating environmental health tracking and biomonitoring findings to new text end 116.16 new text begin the public. new text end 116.17     new text begin Subd. 4. new text end new text begin Liability. new text end new text begin No member of the panel shall be held civilly or criminally liable new text end 116.18 new text begin for an act or omission by that person if the act or omission was in good faith and within new text end 116.19 new text begin the scope of the member's responsibilities under sections 144.995 to 144.998. new text end 116.20    Sec. 147. Minnesota Statutes 2006, section 219.99, is amended to read: 116.21219.99 RAILROAD PRAIRIE RIGHT-OF-WAY; BEST MANAGEMENT 116.22PRACTICES. 116.23    The commissioner of natural resources shall conduct a field review of railroad 116.24rights-of-way to identify native prairie. The priority will be to identify and conduct a field 116.25review of any surveys which have been conducted previously, whether by public or private 116.26persons, of native prairies within railroad rights-of-way in this state. In cooperation with 116.27railroad companies, the commissioner shall identify management practices used to control 116.28vegetation along railroad rights-of-way. The commissioner shall then assess the impact 116.29of those management practices on the prairie lands within the railroad rights-of-way. 116.30Based on that assessment, the commissioner and railroad companies shall jointly develop 116.31voluntary best management practices for prairie lands within railroad rights-of-way. new text begin The new text end 116.32 new text begin commissioner shall, to the extent feasible, work with private individuals and groups new text end 116.33 new text begin to cause to be erected markers at either end of each native prairie within a railroad new text end 116.34 new text begin right-of-way. new text end 117.1    Sec. 148. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read: 117.2    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may 117.3sell timber upon any tract that may be approved by the natural resources commissioner. 117.4The sale of timber shall be made for cash at not less than the appraised value determined 117.5by the county board to the highest bidder after not less than one week's published notice 117.6in an official paper within the county. Any timber offered at the public sale and not sold 117.7may thereafter be sold at private sale by the county auditor at not less than the appraised 117.8value thereof, until the time as the county board may withdraw the timber from sale. The 117.9appraised value of the timber and the forestry practices to be followed in the cutting of 117.10said timber shall be approved by the commissioner of natural resources. 117.11    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 117.12made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 117.13sales, the down payment shall be no less than 15 percent of the appraised value, and the 117.14balance shall be paid prior to entry. In the case of auction sales that are partitioned and 117.15sold as a single sale with predetermined cutting blocks, the down payment shall be no less 117.16than 15 percent of the appraised price of the entire timber sale which may be held until the 117.17satisfactory completion of the sale or applied in whole or in part to the final cutting block. 117.18The value of each separate block must be paid in full before any cutting may begin in that 117.19block. With the permission of the county contract administrator the purchaser may enter 117.20unpaid blocks and cut necessary timber incidental to developing logging roads as may 117.21be needed to log other blocks provided that no timber may be removed from an unpaid 117.22block until separately scaled and paid for. If payment is provided as specified in this 117.23paragraph as security under paragraph (a) and no cutting has taken place on the contract, 117.24the county auditor may credit the security provided, less any down payment required for 117.25an auction sale under this paragraph, to any other contract issued to the contract holder 117.26by the county under this chapter to which the contract holder requests in writing that it 117.27be credited, provided the request and transfer is made within the same calendar year as 117.28the security was received. 117.29    (c) The county board may require final settlement on the basis of a scale of cut 117.30products new text begin sell any timber, including biomass, as appraised or scaled new text end . Any parcels of land 117.31from which timber is to be sold by scale of cut products shall be so designated in the 117.32published notice of sale under paragraph (a), in which case the notice shall contain a 117.33description of the parcels, a statement of the estimated quantity of each species of timber, 117.34and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as 117.35the case may be. In those cases any bids offered over and above the appraised prices shall 117.36be by percentage, the percent bid to be added to the appraised price of each of the different 118.1species of timber advertised on the land. The purchaser of timber from the parcels shall 118.2pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of 118.3sale as estimated to be standing on the land, and in addition shall pay at the same rate for 118.4any additional amounts which the final scale shows to have been cut or was available for 118.5cutting on the land at the time of sale under the terms of the sale. Where the final scale 118.6of cut products shows that less timber was cut or was available for cutting under terms 118.7of the sale than was originally paid for, the excess payment shall be refunded from the 118.8forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the 118.9county board as in case of other claims against the county. No timber, except hardwood 118.10pulpwood, may be removed from the parcels of land or other designated landings until 118.11scaled by a person or persons designated by the county board and approved by the 118.12commissioner of natural resources. Landings other than the parcel of land from which 118.13timber is cut may be designated for scaling by the county board by written agreement 118.14with the purchaser of the timber. The county board may, by written agreement with the 118.15purchaser and with a consumer designated by the purchaser when the timber is sold by the 118.16county auditor, and with the approval of the commissioner of natural resources, accept the 118.17consumer's scale of cut products delivered at the consumer's landing. No timber shall be 118.18removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in 118.19appraised valuation may be sold for not less than the full appraised value at private sale 118.20to individual persons without first publishing notice of sale or calling for bids, provided 118.21that in case of a sale involving a total appraised value of more than $200 the sale shall be 118.22made subject to final settlement on the basis of a scale of cut products in the manner above 118.23provided and not more than two of the sales, directly or indirectly to any individual shall 118.24be in effect at one time. 118.25    (d) As directed by the county board, the county auditor may lease tax-forfeited land 118.26to individuals, corporations or organized subdivisions of the state at public or private sale, 118.27and at the prices and under the terms as the county board may prescribe, for use as cottage 118.28and camp sites and for agricultural purposes and for the purpose of taking and removing of 118.29hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 118.30sites and other temporary uses provided that no leases shall be for a period to exceed ten 118.31years; provided, further that any leases involving a consideration of more than $12,000 per 118.32year, except to an organized subdivision of the state shall first be offered at public sale in 118.33the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 118.34remain subject to the lease for not to exceed one year from the beginning of the term of the 118.35lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 119.1shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 119.2audited and allowed by the county board as in case of other claims against the county. 119.3    (e) As directed by the county board, the county auditor may lease tax-forfeited land 119.4to individuals, corporations, or organized subdivisions of the state at public or private sale, 119.5at the prices and under the terms as the county board may prescribe, for the purpose 119.6of taking and removing for use for road construction and other purposes tax-forfeited 119.7stockpiled iron-bearing material. The county auditor must determine that the material is 119.8needed and suitable for use in the construction or maintenance of a road, tailings basin, 119.9settling basin, dike, dam, bank fill, or other works on public or private property, and 119.10that the use would be in the best interests of the public. No lease shall exceed ten years. 119.11The use of a stockpile for these purposes must first be approved by the commissioner of 119.12natural resources. The request shall be deemed approved unless the requesting county 119.13is notified to the contrary by the commissioner of natural resources within six months 119.14after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 119.15been approved, the county may continue to lease it for these purposes until approval is 119.16withdrawn by the commissioner of natural resources. 119.17    (f) The county auditor, with the approval of the county board is authorized to grant 119.18permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean 119.19ores, tailings, or waste products from mines or ore milling plants, upon the conditions and 119.20for the consideration and for the period of time, not exceeding 15 years, as the county 119.21board may determine. The permits, licenses, or leases are subject to approval by the 119.22commissioner of natural resources. 119.23    (g) Any person who removes any timber from tax-forfeited land before said 119.24timber has been scaled and fully paid for as provided in this subdivision is guilty of a 119.25misdemeanor. 119.26    (h) The county auditor may, with the approval of the county board, and without first 119.27offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 119.28of peat and for the production or removal of farm-grown closed-loop biomass as defined 119.29in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 119.30lands upon the terms and conditions as the county board may prescribe. Any lease for 119.31the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 119.32from tax-forfeited lands must first be reviewed and approved by the commissioner of 119.33natural resources if the lease covers 320 or more acres. No lease for the removal of 119.34peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 119.35the county auditor pursuant to this section without first holding a public hearing on the 119.36auditor's intention to lease. One printed notice in a legal newspaper in the county at least 120.1ten days before the hearing, and posted notice in the courthouse at least 20 days before 120.2the hearing shall be given of the hearing. 120.3    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 120.4County auditor may, at the discretion of the county board, sell timber to the party who 120.5bids the highest price for all the several kinds of timber, as provided for sales by the 120.6commissioner of natural resources under section 90.14. Bids offered over and above the 120.7appraised price need not be applied proportionately to the appraised price of each of 120.8the different species of timber. 120.9    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 120.10county board and under terms set by the county board, the county auditor may accept an 120.11irrevocable bank letter of credit in the amount equal to the amount otherwise determined 120.12in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 120.13at the written request of the purchaser, the county may periodically allow the bank letter 120.14of credit to be reduced by an amount proportionate to the value of timber that has been 120.15harvested and for which the county has received payment. The remaining amount of 120.16the bank letter of credit after a reduction under this paragraph must not be less than 20 120.17percent of the value of the timber purchased. If an irrevocable bank letter of credit or 120.18cash deposit is provided for the down payment required in paragraph (b), and no cutting 120.19of timber has taken place on the contract for which a letter of credit has been provided, 120.20the county may allow the transfer of the letter of credit to any other contract issued to the 120.21contract holder by the county under this chapter to which the contract holder requests in 120.22writing that it be credited. 120.23    Sec. 149. new text begin [325E.385] PRODUCTS CONTAINING POLYBROMINATED new text end 120.24 new text begin DIPHENYL ETHER. new text end 120.25     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purposes of sections 325E.386 to 325E.388, new text end 120.26 new text begin the terms in this section have the meanings given them. new text end 120.27     new text begin Subd. 2. new text end new text begin Commercial decabromodiphenyl ether. new text end new text begin "Commercial new text end 120.28 new text begin decabromodiphenyl ether" means the chemical mixture of decabromodiphenyl ether, new text end 120.29 new text begin including associated polybrominated diphenyl ether impurities not intentionally added. new text end 120.30     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of the Pollution new text end 120.31 new text begin Control Agency. new text end 120.32     new text begin Subd. 4. new text end new text begin Manufacturer. new text end new text begin "Manufacturer" means any person, firm, association, new text end 120.33 new text begin partnership, corporation, governmental entity, organization, or joint venture that produces new text end 121.1 new text begin a product containing polybrominated diphenyl ethers or an importer or domestic new text end 121.2 new text begin distributor of a noncomestible product containing polybrominated diphenyl ethers. new text end 121.3     new text begin Subd. 5. new text end new text begin Polybrominated diphenyl ethers or PBDE's. new text end new text begin "Polybrominated diphenyl new text end 121.4 new text begin ethers" or "PBDE's" means chemical forms that consist of diphenyl ethers bound with new text end 121.5 new text begin bromine atoms. Polybrominated diphenyl ethers include, but are not limited to, the new text end 121.6 new text begin three primary forms of the commercial mixtures known as pentabromodiphenyl ether, new text end 121.7 new text begin octabromodiphenyl ether, and decabromodiphenyl ether. new text end 121.8     new text begin Subd. 6. new text end new text begin Retailer. new text end new text begin "Retailer" means a person who offers a product for sale at retail new text end 121.9 new text begin through any means, including, but not limited to, remote offerings such as sales outlets, new text end 121.10 new text begin catalogs, or the Internet, but does not include a sale that is a wholesale transaction with a new text end 121.11 new text begin distributor or a retailer. new text end 121.12     new text begin Subd. 7. new text end new text begin Used product. new text end new text begin "Used product" means any product that has been previously new text end 121.13 new text begin owned, purchased, or sold in commerce. Used product does not include any product new text end 121.14 new text begin manufactured after January 1, 2008. new text end 121.15    Sec. 150. new text begin [325E.386] PRODUCTS CONTAINING CERTAIN new text end 121.16 new text begin POLYBROMINATED DIPHENYL ETHERS BANNED; EXEMPTIONS. new text end 121.17     new text begin Subdivision 1. new text end new text begin Penta- and octabromodiphenyl ethers. new text end new text begin Except as provided in new text end 121.18 new text begin subdivision 3, beginning January 1, 2008, a person may not manufacture, process, or new text end 121.19 new text begin distribute in commerce a product or flame-retardant part of a product containing more new text end 121.20 new text begin than one-tenth of one percent of pentabromodiphenyl ether or octabromodiphenyl ether new text end 121.21 new text begin by mass. new text end 121.22     new text begin Subd. 2. new text end new text begin Exemptions. new text end new text begin The following products containing polybrominated diphenyl new text end 121.23 new text begin ethers are exempt from subdivision 1 and section 325E.387, subdivision 2: new text end 121.24     new text begin (1) the sale or distribution of any used transportation vehicle with component parts new text end 121.25 new text begin containing polybrominated diphenyl ethers; new text end 121.26     new text begin (2) the sale or distribution of any used transportation vehicle parts or new new text end 121.27 new text begin transportation vehicle parts manufactured before January 1, 2008, that contain new text end 121.28 new text begin polybrominated diphenyl ethers; new text end 121.29     new text begin (3) the manufacture, sale, repair, distribution, maintenance, refurbishment, or new text end 121.30 new text begin modification of equipment containing polybrominated diphenyl ethers and used primarily new text end 121.31 new text begin for military or federally funded space program applications. This exemption does not new text end 121.32 new text begin cover consumer-based goods with broad applicability; new text end 121.33     new text begin (4) the sale or distribution by a business, charity, public entity, or private party of new text end 121.34 new text begin any used product containing polybrominated diphenyl ethers; new text end 122.1     new text begin (5) the manufacture, sale, or distribution of new carpet cushion made from recycled new text end 122.2 new text begin foam containing more than one-tenth of one percent polybrominated diphenyl ether; new text end 122.3     new text begin (6) medical devices; or new text end 122.4     new text begin (7) the manufacture, sale, repair, distribution, maintenance, refurbishment, or new text end 122.5 new text begin modification of telecommunications equipment containing polybrominated diphenyl new text end 122.6 new text begin ethers used by entities eligible to hold authorization in the Public Safety Pool under Code new text end 122.7 new text begin of Federal Regulations, title 47, part 90. new text end 122.8     new text begin In-state retailers in possession of products on January 1, 2008, that are banned for new text end 122.9 new text begin sale under subdivision 1 may exhaust their stock through sales to the public. Nothing in new text end 122.10 new text begin this section restricts the ability of a manufacturer, importer, or distributor from transporting new text end 122.11 new text begin products containing polybrominated diphenyl ethers through the state, or storing such new text end 122.12 new text begin products in the state for later distribution outside the state. new text end 122.13    Sec. 151. new text begin [325E.387] REVIEW OF DECABROMODIPHENYL ETHER. new text end 122.14     new text begin Subdivision 1. new text end new text begin Commissioner duties. new text end new text begin The commissioner in consultation new text end 122.15 new text begin with the commissioners of health and public safety shall review uses of commercial new text end 122.16 new text begin decabromodiphenyl ether, availability of technically feasible and safer alternatives, fire new text end 122.17 new text begin safety, and any evidence regarding the potential harm to public health and the environment new text end 122.18 new text begin posed by commercial decabromodiphenyl ether and the alternatives. The commissioner new text end 122.19 new text begin must consult with key stakeholders. The commissioner must also review the findings from new text end 122.20 new text begin similar state and federal agencies and must report their findings and recommendations to new text end 122.21 new text begin the appropriate committees of the legislature no later than January 15, 2008. new text end 122.22     new text begin Subd. 2. new text end new text begin State procurement. new text end new text begin By January 1, 2008, the commissioner of new text end 122.23 new text begin administration shall make available for purchase and use by all state agencies equipment, new text end 122.24 new text begin supplies, and other products that do not contain polybrominated diphenyl ethers, unless new text end 122.25 new text begin exempted under section 325E.386, subdivision 2. new text end 122.26    Sec. 152. new text begin [325E.388] PENALTIES. new text end 122.27     new text begin A manufacturer who violates sections 325E.386 to 325E.388 is subject to a new text end 122.28 new text begin civil penalty not to exceed $1,000 for each violation in the case of a first offense. A new text end 122.29 new text begin manufacturer is subject to a civil penalty not to exceed $5,000 for each repeat offense. new text end 122.30 new text begin Penalties collected under this section must be deposited in an account in the special new text end 122.31 new text begin revenue fund and are appropriated in fiscal years 2008 and 2009 to the commissioner to new text end 122.32 new text begin implement and enforce this section. new text end 122.33    Sec. 153. Minnesota Statutes 2006, section 394.23, is amended to read: 123.1394.23 COMPREHENSIVE PLAN. 123.2    The board has the power and authority to prepare and adopt by ordinance, a 123.3comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 123.4the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 123.5 new text begin The commissioner of natural resources must provide the natural heritage data from the new text end 123.6 new text begin county biological survey, if available, to each county for use in the comprehensive plan. new text end 123.7    Sec. 154. Minnesota Statutes 2006, section 462.353, subdivision 2, is amended to read: 123.8    Subd. 2. Studies and reports. In exercising its powers under subdivision 1, a 123.9municipality may collect and analyze data, prepare maps, charts, tables, and other 123.10illustrations and displays, and conduct necessary studies. A municipality may publicize its 123.11purposes, suggestions, and findings on planning matters, may distribute reports thereon, 123.12and may advise the public on the planning matters within the scope of its duties and 123.13objectives. new text begin The commissioner of natural resources must provide the natural heritage new text end 123.14 new text begin data from the county biological survey, if available, to each municipality for use in the new text end 123.15 new text begin comprehensive plan. new text end 123.16    Sec. 155. Laws 2003, chapter 128, article 1, section 167, subdivision 1, as amended by 123.17Laws 2005, First Special Session chapter 1, article 2, section 152, is amended to read: 123.18    Subdivision 1. Forest classification status review. (a) By December 31, 2006, the 123.19commissioner of natural resources shall complete a review of the forest classification status 123.20of all state forests classified as managed or limited, all forest lands under the authority of 123.21the commissioner as defined in Minnesota Statutes, section 89.001, subdivision 13, and 123.22lands managed by the commissioner under Minnesota Statutes, section 282.011. The 123.23review must be conducted on a forest-by-forest and area-by-area basis in accordance with 123.24the process and criteria under Minnesota Rules, part 6100.1950. Except as provided in 123.25paragraph (d), after each forest is reviewed, the commissioner must change its new text begin the new text end status 123.26 new text begin of the lands within each forest new text end to limited or closed, and new text begin . The commissioner may classify new text end 123.27 new text begin portions of a limited forest as closed. The commissioner new text end must new text begin also new text end provide a similar 123.28status for each of the other areas subject to review under this section after each individual 123.29review is completed. 123.30    (b) If the commissioner determines on January 1, 2005, that the review required 123.31under this section cannot be completed by December 31, 2006, the completion date for the 123.32review shall be extended to December 31, 2008. By January 15, 2005, the commissioner 123.33shall report to the chairs of the legislative committees with jurisdiction over natural 123.34resources policy and finance regarding the status of the process required by this section. 124.1    (c) Until December 31, 2010, the state forests and areas subject to review under this 124.2section are exempt from Minnesota Statutes, section 84.777, unless an individual forest or 124.3area has been classified as limited or closed. 124.4    (d) Notwithstanding the restrictions in paragraph (a), and Minnesota Statutes, 124.5section 84.777, new text begin subdivision 1, new text end all forest lands under the authority of the commissioner as 124.6defined in Minnesota Statutes, section 89.001, subdivision 13, and lands managed by the 124.7commissioner under Minnesota Statutes, section 282.011, that are north of U.S. Highway 124.82 shall maintain their present classification unless the commissioner reclassifies the lands 124.9under Minnesota Rules, part 6100.1950. The commissioner shall provide for seasonal 124.10trail closures when conditions warrant them. By December 31, 2008, the commissioner 124.11shall complete the review and designate trails on forest lands north of Highway 2 as 124.12provided in this section. 124.13    Sec. 156. Laws 2003, chapter 128, article 1, section 169, is amended to read: 124.14    Sec. 169. CONTINUOUS TRAIL DESIGNATION. 124.15    (a) The commissioner of natural resources shall locate, plan, design, map, construct, 124.16designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles 124.17of not less than 70 continuous miles in length on any land owned by the state or in 124.18cooperation with any county on land owned by that county or on a combination of any of 124.19these lands. This new trail shall be ready for use by April 1, 2007 new text begin June 30, 2009 new text end . 124.20    (b) All funding for this new trail shall come from the all-terrain vehicle dedicated 124.21account and is appropriated each year as needed. 124.22    (c) This new trail shall have at least two areas of access complete with appropriate 124.23parking for vehicles and trailers and enough room for loading and unloading all-terrain 124.24vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not 124.25inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle 124.26trail. This new trail may be of a continuous loop design and shall provide for spurs to other 124.27all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles 124.28of this new all-terrain vehicle trail. Four rest areas shall be provided along the way. 124.29    Sec. 157. Laws 2006, chapter 236, article 1, section 21, is amended to read: 124.30    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 124.31ITASCA COUNTY. 124.32    (a) For the purpose of a land exchange for use in connection with a proposed 124.33steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 124.34subdivision 3, title examination and approval of the land described in paragraph (b) 124.35shall be undertaken as a condition of exchange of the land for class B land, and shall be 125.1governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 125.2of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 125.3section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 125.4reports or title insurance commitments prepared or underwritten by a title insurer licensed 125.5to conduct title insurance business in this state, regardless of whether abstracts were 125.6created or updated in the preparation of the title reports or commitments. The opinion of 125.7the county attorney, and approval by the attorney general, shall be based on those title 125.8reports or commitments. 125.9    (b) The land subject to this section is located in Itasca County and is described as: 125.10    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 125.1156 North, Range 22 West; 125.12    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West; 125.13    (3) Section 30, Township 57 North, Range 22 West; and 125.14    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West. 125.15    (c) Riparian land given in exchange by Itasca County for the purpose of the steel 125.16mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 125.17Statutes, section 94.342, subdivision 3. 125.18    (d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 125.19and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 125.20by private sale, any land received in exchange for the purpose of the steel mill referenced 125.21in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 125.22sale must be in a form approved by the attorney general. 125.23     new text begin (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other new text end 125.24 new text begin law to the contrary, land acquired through an exchange under this section is exempt from new text end 125.25 new text begin payment of three percent of the sales price required to be collected by the county auditor new text end 125.26 new text begin at the time of sale for deposit in the state treasury. new text end 125.27    Sec. 158. new text begin RELIEF PAYMENTS FOR TIMBER SALE PERMITS. new text end 125.28     new text begin (a) Notwithstanding Minnesota Statutes, section 90.161, 90.173, 90.211, or other law new text end 125.29 new text begin to the contrary, the commissioner of natural resources shall provide payment to permittees new text end 125.30 new text begin with eligible permits subject to the following limits and conditions: new text end 125.31     new text begin (1) permittees will receive a payment equal to the lesser of $2,250 or 60 percent of new text end 125.32 new text begin the 15 percent down payment required under Minnesota Statutes, section 90.14, for each new text end 125.33 new text begin eligible permit forfeited within 60 days following the effective date of this section; or new text end 125.34     new text begin (2) permittees will receive a payment equal to 60 percent of the 15 percent down new text end 125.35 new text begin payment required under Minnesota Statutes, section 90.14, for each eligible permit the new text end 126.1 new text begin permittee commits to cut and close by the earlier of June 30, 2010, or when the permit new text end 126.2 new text begin expires. This commitment must be made within 60 days following the effective date of new text end 126.3 new text begin this section. Payment must be returned to the state for each permit for which the permittee new text end 126.4 new text begin fails to fulfill the commitment under this clause. new text end 126.5     new text begin (b) Payments under paragraph (a) shall be mailed to permittees by August 31, 2007. new text end 126.6     new text begin (c) An "eligible permit" means a state timber permit: new text end 126.7     new text begin (1) that was issued on or after June 1, 2004, but before April 1, 2006; and new text end 126.8     new text begin (2) for which there has been no harvesting, road building, or other on-the-ground new text end 126.9 new text begin actions taken. new text end 126.10     new text begin (d) Permittees in default or trespass status are not eligible for payments under this new text end 126.11 new text begin section. A permittee may forfeit any number of complete permits, not to exceed 7,500 new text end 126.12 new text begin cords in total. Partial permits may not be forfeited to meet the 7,500-cord maximum. new text end 126.13     new text begin (e) The commissioner shall reoffer the forfeited sales no later than January 31, 2008. new text end 126.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 126.15    Sec. 159. new text begin FOREST PROTECTION PLAN. new text end 126.16     new text begin Subdivision 1. new text end new text begin Task force plan. new text end new text begin (a) The Forest Resources Council shall create a task new text end 126.17 new text begin force to develop a plan to prepare the state for early detection, appropriate response, and new text end 126.18 new text begin educating the public regarding invasive pests that threaten the tree cover of Minnesota. The new text end 126.19 new text begin task force also may give advice on how to best promote forest diversity and the planting of new text end 126.20 new text begin trees to address environmental challenges with the state. The plan must address: new text end 126.21     new text begin (1) current efforts to address forest pests, what geographic areas and property types new text end 126.22 new text begin have regular and active monitoring of forest pests, and gaps in the adequacy of the current new text end 126.23 new text begin oversight and detection system; new text end 126.24     new text begin (2) how the state may establish a flexible, yet comprehensive, system of tree new text end 126.25 new text begin monitoring so that trees in all areas of Minnesota will be covered by active early pest new text end 126.26 new text begin detection efforts. In analyzing this, the task force shall consider possible roles for certified new text end 126.27 new text begin tree inspectors, volunteers, and state and local government; new text end 126.28     new text begin (3) current storm damage response and how that might be improved for forest health new text end 126.29 new text begin and to minimize vulnerability to pest infection; new text end 126.30     new text begin (4) the adequacy of the current response plan, the clarity of state and local roles and new text end 126.31 new text begin responsibilities, emergency communication plans, and the availability of needed funding new text end 126.32 new text begin for pest outbreak response and how to scale it up should a major outbreak be detected; new text end 126.33     new text begin (5) recommendations for clear delineation of state and local roles in notifying new text end 126.34 new text begin property owners and enforcing remediation actions; new text end 127.1     new text begin (6) the best approach to broad public education on the threats of new invasive tree new text end 127.2 new text begin pests, the expected response to an outbreak, the value of trees to our environment, and the new text end 127.3 new text begin promotion of a more diversified tree cover statewide; and new text end 127.4     new text begin (7) an assessment of funding needs and options for the above activities and possible new text end 127.5 new text begin funding approaches to promote the planting of a more diverse tree cover, along with new text end 127.6 new text begin assisting in the costs of tree removal and replacement for public entities and property new text end 127.7 new text begin owners. new text end 127.8     new text begin (b) A report and recommendations to the legislative committees with jurisdiction new text end 127.9 new text begin over natural resources and to the Legislative-Citizen Commission on Minnesota Resources new text end 127.10 new text begin shall be due on December 15, 2007. new text end 127.11     new text begin Subd. 2. new text end new text begin Task force creation. new text end new text begin The chair of the Forest Resources Council and the new text end 127.12 new text begin commissioners of agriculture and natural resources shall jointly appoint the members new text end 127.13 new text begin of the task force, which shall include up to 15 members with representatives of the new text end 127.14 new text begin University of Minnesota; city, township, and county associations; commercial timber new text end 127.15 new text begin and forest industries of varying size; nursery and landscape architecture; arborists and new text end 127.16 new text begin certified tree inspectors; nonprofit organizations engaged in tree advocacy, planting, and new text end 127.17 new text begin education; master gardeners; and the Minnesota Shade Tree Advisory Council and a tribal new text end 127.18 new text begin representative recommended by the Indian Affairs Council. new text end 127.19     new text begin Representatives of the Departments of Agriculture and Natural Resources shall serve new text end 127.20 new text begin as ex-officio members and assist the task force in its work. new text end 127.21    Sec. 160. new text begin ENDOCRINE DISRUPTOR REPORT. new text end 127.22     new text begin (a) The commissioner of the Pollution Control Agency, in consultation with the new text end 127.23 new text begin commissioner of agriculture, the commissioner of health, the commissioner of natural new text end 127.24 new text begin resources, the University of Minnesota, and the United States Environmental Protection new text end 127.25 new text begin Agency, shall prepare a report on strategies to address endocrine disruptors in waters of new text end 127.26 new text begin the state. The report shall include: new text end 127.27     new text begin (1) a review of the current literature of known endocrine-disrupting compounds to new text end 127.28 new text begin determine which ones are most likely to be of significance to humans, fish, and wildlife new text end 127.29 new text begin in Minnesota; new text end 127.30     new text begin (2) a review of scientific studies to determine whether these compounds have the new text end 127.31 new text begin potential to account for known effects on humans, fish, and wildlife in Minnesota; new text end 127.32     new text begin (3) a review of the comparative risk posed by endocrine-disrupting compounds to new text end 127.33 new text begin the long-term viability of populations of fish and wildlife; and new text end 128.1     new text begin (4) an evaluation of the practicability and the cost of prevention and remediation new text end 128.2 new text begin strategies for any endocrine-disrupting compounds found in clauses (1) and (2), as well as new text end 128.3 new text begin other potential endocrine disruptors. new text end 128.4     new text begin (b) By January 15, 2008, the commissioner shall submit the report to the house of new text end 128.5 new text begin representatives and senate committees and divisions with jurisdiction over environment new text end 128.6 new text begin and natural resources policy and finance. new text end 128.7    Sec. 161. new text begin EASEMENT REPORT REQUIRED. new text end 128.8     new text begin By January 1, 2008, the commissioner of natural resources must report to the new text end 128.9 new text begin house and senate committees with jurisdiction over environment and natural resources new text end 128.10 new text begin finance with proposed minimum legal and conservation standards that could be applied new text end 128.11 new text begin to conservation easements acquired with public money. new text end 128.12    Sec. 162. new text begin TAX-FORFEITED LANDS LEASE; ITASCA COUNTY. new text end 128.13     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 128.14 new text begin the Itasca County auditor may lease tax-forfeited land to a proposed steel mill in Itasca new text end 128.15 new text begin County for a period of 20 years, for use as a tailings basin and buffer area. A lease entered new text end 128.16 new text begin under this section is renewable. new text end 128.17    Sec. 163. new text begin WILD RICE STUDY. new text end 128.18     new text begin By February 15, 2008, the commissioner of natural resources must prepare a study new text end 128.19 new text begin for natural wild rice that includes: new text end 128.20     new text begin (1) the current location and estimated acreage and area of natural stands; new text end 128.21     new text begin (2) potential threats to natural stands, including, but not limited to, development new text end 128.22 new text begin pressure, water levels, pollution, invasive species, and genetically engineered strains; and new text end 128.23     new text begin (3) recommendations to the house and senate committees with jurisdiction over new text end 128.24 new text begin natural resources on protecting and increasing natural wild rice stands in the state. new text end 128.25     new text begin In developing the study, the commissioner must contact and ask for comments new text end 128.26 new text begin from the state's wild rice industry, the commissioner of agriculture, local officials with new text end 128.27 new text begin significant areas of wild rice within their jurisdictions, tribal leaders within affected new text end 128.28 new text begin federally recognized tribes, and interested citizens. new text end 128.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 128.30    Sec. 164. new text begin CONSTRUCTION. new text end 128.31     new text begin Nothing in sections 139, 140, 141, and 162 affects, alters, or modifies the authorities, new text end 128.32 new text begin responsibilities, obligations, or powers of the state or any political subdivision thereof or new text end 128.33 new text begin any federally recognized tribe. new text end 129.1    Sec. 165. new text begin SEPTIC BEST PRACTICES ASSISTANCE. new text end 129.2     new text begin The commissioner of the Pollution Control Agency shall establish a database of new text end 129.3 new text begin best practices regarding the installation, management, and maintenance of individual new text end 129.4 new text begin sewage treatment systems. The database must be made available to any interested public new text end 129.5 new text begin or private party. new text end 129.6    Sec. 166. new text begin RULEMAKING. new text end 129.7     new text begin Within 90 days of the effective date of this section, the Board of Water and Soil new text end 129.8 new text begin Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate new text end 129.9 new text begin statute changes and to address the related wetland exemption provisions in Minnesota new text end 129.10 new text begin Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions new text end 129.11 new text begin in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the new text end 129.12 new text begin rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes, new text end 129.13 new text begin section 14.386, applies and the proposed rules must be submitted to the senate and house new text end 129.14 new text begin committees having jurisdiction over environment and natural resources at least 30 days new text end 129.15 new text begin prior to being published in the State Register. The amended rules are effective for two new text end 129.16 new text begin years from the date of publication in the State Register unless they are superseded by new text end 129.17 new text begin permanent rules. new text end 129.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 129.19    Sec. 167. new text begin GREENLEAF LAKE STATE RECREATION AREA. new text end 129.20     new text begin Subdivision 1. new text end new text begin [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area. new text end 129.21     new text begin In addition to the lands designated under Laws 2003, First Special Session chapter 13, new text end 129.22 new text begin section 6, as amended by Laws 2004, chapter 262, article 2, section 10, the following lands new text end 129.23 new text begin are added to the Greenleaf Lake State Recreation Area: new text end 129.24 new text begin (1) the West 1104.98 feet of Government Lot 4, Section 21, Township 118 North, Range new text end 129.25 new text begin 30 West, Meeker County, Minnesota; and new text end 129.26 new text begin (2) that part of Government Lot 7 of Section 20, Township 118, Range 30, which lies new text end 129.27 new text begin south of the following described line and its extensions: said line commencing at the new text end 129.28 new text begin southwest corner of said Section 20; thence on an assumed bearing of North 08 degrees new text end 129.29 new text begin 22 minutes 44 seconds West, along the west line of said section, a distance of 1350.00 new text end 129.30 new text begin feet to the point of beginning of the line to be described; thence North 88 degrees 28 new text end 129.31 new text begin minutes 35 seconds East, a distance of 699 feet to the shoreline of Greenleaf Lake and new text end 129.32 new text begin said line terminating thereat; and Government Lot 8 of said section except the following new text end 129.33 new text begin described tract: said tract being that part of said Government Lot 8 lying east of the new text end 129.34 new text begin following described line: said line commencing at the southwest corner of said section; new text end 130.1 new text begin thence easterly, along the south line of said section, a distance of 734.60 feet to the point new text end 130.2 new text begin of beginning of the line to be described; thence north at a right angle, a distance of 100 new text end 130.3 new text begin feet and said line terminating thereat. new text end 130.4     new text begin Subd. 2. new text end new text begin Management. new text end new text begin The commissioner of natural resources, in consultation with new text end 130.5 new text begin local elected officials and citizens of Meeker County and other interested stakeholders, new text end 130.6 new text begin shall develop a comprehensive management plan that provides for opportunities for new text end 130.7 new text begin outdoor recreation, as defined under Minnesota Statutes, section 86A.03, subdivision 3, in new text end 130.8 new text begin Greenleaf Lake State Recreation Area. The completed management plan shall serve as the new text end 130.9 new text begin master plan for purposes of Minnesota Statutes, section 86A.09. new text end 130.10    Sec. 168. new text begin VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA. new text end 130.11     new text begin (a) The following area is established and designated as the Vermillion Highlands new text end 130.12 new text begin Wildlife Management Area, subject to the special permitted uses authorized in this section: new text end 130.13     new text begin The approximately 2,840 acres owned by the University of Minnesota lying within new text end 130.14 new text begin the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of new text end 130.15 new text begin Section 1, the Southeast 1/4 of Section 2, the East 1/2 of Section 10, Section 11, the new text end 130.16 new text begin West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range new text end 130.17 new text begin 19 West, Dakota County. new text end 130.18     new text begin (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph new text end 130.19 new text begin (c), permitted uses in the Vermillion Highlands Wildlife Management Area include: new text end 130.20     new text begin (1) education, outreach, and agriculture with the intent to eventually phase out new text end 130.21 new text begin agriculture leases and plant and restore native prairie; new text end 130.22     new text begin (2) research by the University of Minnesota or other permitted researchers; new text end 130.23     new text begin (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related new text end 130.24 new text begin recreation of a natural outdoors experience, without constructing new hard surface trails new text end 130.25 new text begin or roads, and supporting management and improvements; new text end 130.26     new text begin (4) designated trails for hiking, horseback riding, biking, and cross-country skiing new text end 130.27 new text begin and necessary trailhead support with minimal impact on the permitted uses in clause (3); new text end 130.28     new text begin (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and new text end 130.29 new text begin pistol shooting, including sanctioned events and training for responsible handling and new text end 130.30 new text begin use of firearms; new text end 130.31     new text begin (6) grant-in-aid snowmobile trails; and new text end 130.32     new text begin (7) leases for small-scale farms to market vegetable farming. new text end 130.33     new text begin (c) With the concurrence of representatives of the University of Minnesota and new text end 130.34 new text begin Dakota County, the commissioner of natural resources may, by posting or rule, restrict the new text end 130.35 new text begin permitted uses as follows: new text end 131.1     new text begin (1) temporarily close areas or trails, by posting at the access points, to facilitate new text end 131.2 new text begin hunting. When temporarily closing trails under this clause, the commissioner shall avoid new text end 131.3 new text begin closing all trail loops simultaneously whenever practical; or new text end 131.4     new text begin (2) limit other permitted uses to accommodate hunting and trapping after providing new text end 131.5 new text begin advance public notice. Research conducted by the university may not be limited unless new text end 131.6 new text begin mutually agreed by the commissioner and the University of Minnesota. new text end 131.7     new text begin (d) Road maintenance within the wildlife management area shall be minimized, with new text end 131.8 new text begin the intent to abandon interior roads when no longer needed for traditional agriculture new text end 131.9 new text begin purposes. new text end 131.10     new text begin (e) Money collected on leases from lands within the wildlife management area new text end 131.11 new text begin must be kept in a separate account and spent within the wildlife management area under new text end 131.12 new text begin direction of the representatives listed in paragraph (c). $200,000 of this money may be new text end 131.13 new text begin transferred to the commissioner of natural resources for a master planning process and new text end 131.14 new text begin resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision new text end 131.15 new text begin 6, in order to provide needed prairie and wetland restoration. The commissioner must work new text end 131.16 new text begin with affected officials from the University of Minnesota and Dakota County to complete new text end 131.17 new text begin these requirements and inform landowners and lessees about the planning process. new text end 131.18     new text begin (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state new text end 131.19 new text begin of Minnesota shall not provide payments in lieu of taxes for the lands described in new text end 131.20 new text begin paragraph (a). new text end 131.21    Sec. 169. new text begin INFORMATION SHARING. new text end 131.22     new text begin On or before August 1, 2007, the commissioner of health, the Pollution Control new text end 131.23 new text begin Agency, and the University of Minnesota are requested to jointly develop and sign new text end 131.24 new text begin a memorandum of understanding declaring their intent to share new and existing new text end 131.25 new text begin environmental hazard, exposure, and health outcome data, within applicable data privacy new text end 131.26 new text begin laws, and to cooperate and communicate effectively to ensure sufficient clarity and new text end 131.27 new text begin understanding of the data by divisions and offices within both departments. The signed new text end 131.28 new text begin memorandum of understanding shall be reported to the chairs and ranking members of new text end 131.29 new text begin the senate and house of representatives committees having jurisdiction over judiciary, new text end 131.30 new text begin environment, and health and human services. new text end 131.31    Sec. 170. new text begin REPEALER. new text end 131.32 new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 18G.16; and 89.51, subdivision 8, new text end new text begin are repealed. new text end 131.33 new text begin (b) new text end new text begin Minnesota Statutes 2006, section 103G.2241, subdivision 8, new text end new text begin is repealed the new text end 131.34 new text begin day following final enactment. new text end 131.35 new text begin (c) new text end new text begin Minnesota Statutes 2006, section 85.012, subdivision 24b, new text end new text begin is repealed. new text end 132.1ARTICLE 2 132.2ENERGY 132.3 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 132.4     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 132.5 new text begin in this article. new text end 132.6 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 132.7 new text begin General new text end new text begin $ new text end new text begin 37,870,000 new text end new text begin $ new text end new text begin 29,459,000 new text end new text begin $ new text end new text begin 67,329,000 new text end 132.8 new text begin Petroleum Tank Cleanup new text end new text begin 1,084,000 new text end new text begin 1,084,000 new text end new text begin 2,168,000 new text end 132.9 new text begin Workers' Compensation new text end new text begin 835,000 new text end new text begin 835,000 new text end new text begin 1,670,000 new text end 132.10 new text begin Special Revenue new text end new text begin 7,725,000 new text end new text begin 7,725,000 new text end new text begin 15,450,000 new text end 132.11 new text begin Total new text end new text begin $ new text end new text begin 47,514,000 new text end new text begin $ new text end new text begin 39,103,000 new text end new text begin $ new text end new text begin 86,617,000 new text end 132.12 Sec. 2. new text begin ENERGY FINANCE APPROPRIATIONS. new text end 132.13     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 132.14 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 132.15 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 132.16 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 132.17 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 132.18 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 132.19 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 132.20 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 132.21 new text begin APPROPRIATIONS new text end 132.22 new text begin Available for the Year new text end 132.23 new text begin Ending June 30 new text end 132.24 new text begin 2008 new text end new text begin 2009 new text end 132.25 Sec. 3. new text begin DEPARTMENT OF COMMERCE. new text end 132.26 new text begin Subdivision 1. new text end new text begin Total Appropriation new text end new text begin $ new text end new text begin 42,167,000 new text end new text begin $ new text end new text begin 33,670,000 new text end 132.27 new text begin Appropriations by Fund new text end 132.28 new text begin 2008 new text end new text begin 2009 new text end 132.29 new text begin General new text end new text begin 32,523,000 new text end new text begin 24,026,000 new text end 132.30 new text begin Petroleum Cleanup new text end new text begin 1,084,000 new text end new text begin 1,084,000 new text end 132.31 132.32 new text begin Workers' new text end new text begin Compensation new text end new text begin 835,000 new text end new text begin 835,000 new text end 132.33 new text begin Special Revenue new text end new text begin 7,725,000 new text end new text begin 7,725,000 new text end 132.34 new text begin The amounts that may be spent for each new text end 132.35 new text begin purpose are specified in the following new text end 132.36 new text begin subdivisions. new text end 132.37 new text begin Subd. 2. new text end new text begin Financial Examinations new text end new text begin 6,489,000 new text end new text begin 6,637,000 new text end 132.38 132.39 new text begin Subd. 3. new text end new text begin Petroleum Tank Release Cleanup new text end new text begin Board new text end new text begin 1,084,000 new text end new text begin 1,084,000 new text end 133.1 new text begin This appropriation is from the petroleum new text end 133.2 new text begin tank release cleanup fund. new text end 133.3 new text begin Subd. 4. new text end new text begin Administrative Services new text end new text begin 4,508,000 new text end new text begin 4,604,000 new text end 133.4 new text begin Subd. 5. new text end new text begin Market Assurance new text end new text begin 6,950,000 new text end new text begin 7,097,000 new text end 133.5 new text begin Appropriations by Fund new text end 133.6 new text begin General new text end new text begin 6,115,000 new text end new text begin 6,262,000 new text end 133.7 133.8 new text begin Workers' new text end new text begin Compensation new text end new text begin 835,000 new text end new text begin 835,000 new text end 133.9 new text begin Subd. 6. new text end new text begin Energy and Telecommunications new text end new text begin $ new text end new text begin 23,036,000 new text end new text begin $ new text end new text begin 14,148,000 new text end 133.10 new text begin Appropriations by Fund new text end 133.11 new text begin General new text end new text begin 15,411,000 new text end new text begin 6,523,000 new text end 133.12 new text begin Special Revenue new text end new text begin 7,625,000 new text end new text begin 7,625,000 new text end 133.13 new text begin The utility subject to Minnesota Statutes, new text end 133.14 new text begin section 116C.779, shall transfer $7,625,000 new text end 133.15 new text begin in fiscal year 2008 and $7,625,000 in fiscal new text end 133.16 new text begin year 2009 to the Department of Commerce new text end 133.17 new text begin on a schedule to be determined by the new text end 133.18 new text begin commissioner of commerce. The funds must new text end 133.19 new text begin be deposited in the special revenue fund new text end 133.20 new text begin and are appropriated to the commissioner new text end 133.21 new text begin for grants to promote renewable energy new text end 133.22 new text begin projects and community energy outreach and new text end 133.23 new text begin assistance. Of the amounts identified: new text end 133.24 new text begin (1) $500,000 each year for capital grants for new text end 133.25 new text begin on-farm biogas recovery facilities; eligible new text end 133.26 new text begin projects will be selected in coordination new text end 133.27 new text begin with the Department of Agriculture and the new text end 133.28 new text begin Pollution Control Agency; new text end 133.29 new text begin (2) $500,000 each year to provide financial new text end 133.30 new text begin rebates to new solar electricity projects; new text end 133.31 new text begin (3) $625,000 each year for continued funding new text end 133.32 new text begin of community energy technical assistance new text end 133.33 new text begin and outreach on renewable energy and new text end 133.34 new text begin energy efficiency, as described in section 25. new text end 133.35 new text begin Of this amount, $125,000 is for technical new text end 133.36 new text begin assistance in the metropolitan area; new text end 134.1 new text begin (4) $1,000,000 each year is for technical new text end 134.2 new text begin analysis and demonstration funding for new text end 134.3 new text begin automotive technology projects, with a new text end 134.4 new text begin special focus on plug-in hybrid electric new text end 134.5 new text begin vehicles and to study environmental-friendly new text end 134.6 new text begin manufacturing and assembly processes to new text end 134.7 new text begin identify ones that could employ workers new text end 134.8 new text begin formerly employed at the St. Paul Ford new text end 134.9 new text begin manufacturing plant and other large new text end 134.10 new text begin manufacturing facilities in Minnesota; new text end 134.11 new text begin (5) $750,000 in the first year is for the new text end 134.12 new text begin purpose of preparing the hydrogen road map new text end 134.13 new text begin and making grants under Minnesota Statutes, new text end 134.14 new text begin section 216B.813; new text end 134.15 new text begin (6) $2,000,000 in the first year is for deposit new text end 134.16 new text begin with the rural wind energy development new text end 134.17 new text begin revolving loan fund under Minnesota new text end 134.18 new text begin Statutes, section 216C.39; new text end 134.19 new text begin (7) $2,250,000 the first year and $2,000,000 new text end 134.20 new text begin the second year are to provide competitive, new text end 134.21 new text begin cost-share grants to fund renewable energy new text end 134.22 new text begin research in Minnesota. These grants must be new text end 134.23 new text begin awarded by a three-member panel made up new text end 134.24 new text begin of the commissioners of commerce, pollution new text end 134.25 new text begin control, and agriculture, or their designees. new text end 134.26 new text begin Grant applications must be ranked and grants new text end 134.27 new text begin issued according to how well the applications new text end 134.28 new text begin meet state energy policy research goals new text end 134.29 new text begin established by the commissioners, the quality new text end 134.30 new text begin and experience of the research teams, the new text end 134.31 new text begin cross-interdisciplinary and cross-institutional new text end 134.32 new text begin nature of the research teams, and the ability new text end 134.33 new text begin of the research team to leverage nonstate new text end 134.34 new text begin funds; and new text end 134.35 new text begin (8) $3,000,000 the second year is for a grant new text end 134.36 new text begin to the Board of Regents of the University of new text end 135.1 new text begin Minnesota for the Initiative for Renewable new text end 135.2 new text begin Energy and the Environment. The grant new text end 135.3 new text begin is for the purposes set forth in Minnesota new text end 135.4 new text begin Statutes, section 216B.241, subdivision 6. new text end 135.5 new text begin The appropriation is available until spent. new text end 135.6 new text begin The budget for this grant to the Board of new text end 135.7 new text begin Regents of the University of Minnesota for new text end 135.8 new text begin the Initiative for Renewable Energy and the new text end 135.9 new text begin Environment is $5,000,000 each year in the new text end 135.10 new text begin 2010-2011 fiscal biennium. new text end 135.11 new text begin As a condition of this grant, beginning in new text end 135.12 new text begin the 2010-2011 biennium, the Initiative for new text end 135.13 new text begin Renewable Energy and the Environment new text end 135.14 new text begin must set aside at least 15 percent of the new text end 135.15 new text begin funds received annually under the grant for new text end 135.16 new text begin qualified projects conducted at a rural campus new text end 135.17 new text begin or experiment station. Any amount of the new text end 135.18 new text begin set aside funds that has not been awarded to new text end 135.19 new text begin a rural campus or experiment station at the new text end 135.20 new text begin end of the fiscal year must revert back to the new text end 135.21 new text begin initiative for its exclusive use. new text end 135.22 new text begin $1,500,000 the first year and $1,500,000 the new text end 135.23 new text begin second year are for E85 cost-share grants. new text end 135.24 new text begin The commissioner may reimburse owners new text end 135.25 new text begin of gasoline service stations for up to 75 new text end 135.26 new text begin percent of the total cost of installing an E85 new text end 135.27 new text begin pump, including the tank and any related new text end 135.28 new text begin components, up to a maximum of $15,000 new text end 135.29 new text begin per E85 pump. Notwithstanding Minnesota new text end 135.30 new text begin Statutes, section 16A.28, this appropriation is new text end 135.31 new text begin available until expended. Up to ten percent of new text end 135.32 new text begin the funds may be used for cost-share grants to new text end 135.33 new text begin convert or install underground tanks at retail new text end 135.34 new text begin gasoline service stations storing biodiesel new text end 135.35 new text begin fuel that is at least 99.9 percent biodiesel new text end 135.36 new text begin fuel by volume for on-site blending and for new text end 136.1 new text begin dispensing systems at retail gasoline service new text end 136.2 new text begin stations that dispense biodiesel fuel blends of new text end 136.3 new text begin at least ten percent biodiesel fuel by volume. new text end 136.4 new text begin In awarding grants, the commissioner of new text end 136.5 new text begin commerce must consult with the Minnesota new text end 136.6 new text begin Soybean Growers Association and may new text end 136.7 new text begin consult with other organizations deemed new text end 136.8 new text begin appropriate. This is a onetime appropriation. new text end 136.9 new text begin $4,500,000 the first year is for a onetime new text end 136.10 new text begin grant to the St. Paul Port Authority in part new text end 136.11 new text begin for a study related to a steam and electrical new text end 136.12 new text begin energy facility to supply energy to a customer new text end 136.13 new text begin using steam in a paper recycling operation. new text end 136.14 new text begin The port authority shall convene and new text end 136.15 new text begin regularly involve a citizen advisory new text end 136.16 new text begin committee composed of members new text end 136.17 new text begin recommended by St. Paul district councils new text end 136.18 new text begin 11, 12, 13, and 14 and other members as new text end 136.19 new text begin appropriate to advise on the scope of the new text end 136.20 new text begin study. The citizen advisory committee new text end 136.21 new text begin must meet regularly throughout the course new text end 136.22 new text begin of the study and the development of new text end 136.23 new text begin recommendations. The citizen advisory new text end 136.24 new text begin committee shall have the right to include new text end 136.25 new text begin its separate recommendations as part of the new text end 136.26 new text begin port authority recommendations submitted at new text end 136.27 new text begin the public meeting and to the St. Paul City new text end 136.28 new text begin Council. new text end 136.29 new text begin The study shall: new text end 136.30 new text begin (1) assess the economic and technical new text end 136.31 new text begin feasibility of various fuel types to power the new text end 136.32 new text begin plant; new text end 136.33 new text begin (2) provide a full description and analysis of new text end 136.34 new text begin each fuel type and their respective economic new text end 136.35 new text begin and noneconomic impacts; new text end 137.1 new text begin (3) provide a full description and analysis new text end 137.2 new text begin of each fuel type and their respective new text end 137.3 new text begin environmental emissions, including carbon new text end 137.4 new text begin dioxide, and the cost of controlling those new text end 137.5 new text begin emissions that affect human health; new text end 137.6 new text begin (4) describe public subsidies related to the new text end 137.7 new text begin production and use of each fuel type; new text end 137.8 new text begin (5) describe potential energy efficiency new text end 137.9 new text begin improvement that can be made to the paper new text end 137.10 new text begin recycling operation and subsidies available new text end 137.11 new text begin for each improvement; and new text end 137.12 new text begin (6) evaluate additional uses for the steam and new text end 137.13 new text begin electricity produced at the facility and the new text end 137.14 new text begin cost of infrastructure needed to implement new text end 137.15 new text begin the additional uses. new text end 137.16 new text begin In addition, the grant may be used new text end 137.17 new text begin for environmental review, permitting, new text end 137.18 new text begin preliminary engineering, and development of new text end 137.19 new text begin total project cost estimates, including project new text end 137.20 new text begin design and engineering, other preliminary new text end 137.21 new text begin work, and a preliminary financing plan for new text end 137.22 new text begin the steam and electricity producing facility. new text end 137.23 new text begin The St. Paul Port Authority shall present new text end 137.24 new text begin the findings of its analysis and its preferred new text end 137.25 new text begin alternative for an eligible energy technology new text end 137.26 new text begin fuel mix in at least two public meetings new text end 137.27 new text begin that must be held in the area encompassing new text end 137.28 new text begin districts 11, 12, 13, and 14 in the city of new text end 137.29 new text begin St. Paul. "Eligible energy technology" has new text end 137.30 new text begin the meaning given in Minnesota Statutes, new text end 137.31 new text begin section 216B.1691, subdivision 1, except new text end 137.32 new text begin that it does not include mixed municipal new text end 137.33 new text begin solid waste as an eligible energy technology. new text end 137.34 new text begin The recommendation of the St. Paul Port new text end 137.35 new text begin Authority concerning its preferred alternative new text end 137.36 new text begin fuel mix must be based on the alternative new text end 138.1 new text begin that has the least environmental impact new text end 138.2 new text begin consistent with the economic viability new text end 138.3 new text begin and technical feasibility of the facility. new text end 138.4 new text begin Testimony shall be taken at the meetings new text end 138.5 new text begin from citizens who live in the affected new text end 138.6 new text begin communities. Resolutions concerning the new text end 138.7 new text begin facility from district councils 11, 12, 13, new text end 138.8 new text begin and 14 must be solicited by the city council. new text end 138.9 new text begin Construction of the facility may not be new text end 138.10 new text begin commenced unless and until the St. Paul City new text end 138.11 new text begin Council has adopted a resolution approving new text end 138.12 new text begin the construction after consideration of the new text end 138.13 new text begin findings of the port authority, resolutions new text end 138.14 new text begin from the district councils, and other public new text end 138.15 new text begin input. The appropriation does not cancel and new text end 138.16 new text begin is available until expended. Of this amount, new text end 138.17 new text begin $500,000 is transferred to the Department new text end 138.18 new text begin of Natural Resources for the Ecological new text end 138.19 new text begin Services Division to prepare, authorize, and new text end 138.20 new text begin implement habitat restoration plans on public new text end 138.21 new text begin or private properties to fulfill ecological new text end 138.22 new text begin principles of restoration ecology, while new text end 138.23 new text begin providing roadside access to the byproduct new text end 138.24 new text begin of the management actions at no cost to the new text end 138.25 new text begin operator of a biomass-fueled cogeneration new text end 138.26 new text begin facility located in St. Paul. The division new text end 138.27 new text begin may provide grants or otherwise transfer new text end 138.28 new text begin some or all of these funds to other public or new text end 138.29 new text begin private entities to accomplish these purposes. new text end 138.30 new text begin If a higher value nonbiomass market is new text end 138.31 new text begin available for some of the byproduct of this new text end 138.32 new text begin management, the division is authorized to new text end 138.33 new text begin sell the material to that market, provided new text end 138.34 new text begin that all of the proceeds are spent for the new text end 138.35 new text begin further purposes of this appropriation. new text end 138.36 new text begin The nonbiomass market sales of material new text end 139.1 new text begin from this management cannot exceed 20 new text end 139.2 new text begin percent by weight of the total byproducts new text end 139.3 new text begin produced by all approved activities under new text end 139.4 new text begin this appropriation. The restoration activities new text end 139.5 new text begin shall take place on land located within 75 new text end 139.6 new text begin miles by road of the city of St. Paul. The new text end 139.7 new text begin division shall consult with the operator of the new text end 139.8 new text begin biomass facility and other appropriate parties new text end 139.9 new text begin regarding planned projects to be funded with new text end 139.10 new text begin this appropriation. The division shall report new text end 139.11 new text begin annually to the legislative policy and finance new text end 139.12 new text begin committees for natural resources and energy new text end 139.13 new text begin regarding the expenditures and results of the new text end 139.14 new text begin program. This appropriation does not cancel new text end 139.15 new text begin but is available until spent. new text end 139.16 new text begin $150,000 the first year is appropriated to the new text end 139.17 new text begin commissioner of commerce for grants for new text end 139.18 new text begin demonstration projects of electric vehicles new text end 139.19 new text begin with advanced transmission technologies new text end 139.20 new text begin incorporating, if feasible, batteries, new text end 139.21 new text begin converters, and other components developed new text end 139.22 new text begin in Minnesota. Funds may be expended new text end 139.23 new text begin under the grants only if grantees enter into new text end 139.24 new text begin agreements specifying that commercial new text end 139.25 new text begin production of these vehicles and components new text end 139.26 new text begin will, to the extent possible, take place in new text end 139.27 new text begin Minnesota. new text end 139.28 new text begin (a) $1,000,000 each year is to the Center for new text end 139.29 new text begin Rural Policy and Development at Minnesota new text end 139.30 new text begin State University at Mankato to make a grant new text end 139.31 new text begin to a nonprofit organization with experience new text end 139.32 new text begin dealing with energy and community wind new text end 139.33 new text begin issues to design and implement a rural wind new text end 139.34 new text begin energy development assistance program. new text end 139.35 new text begin This is a onetime only appropriation. The new text end 139.36 new text begin program must be designed to maximize rural new text end 140.1 new text begin economic development and stabilize rural new text end 140.2 new text begin community institutions, including hospitals new text end 140.3 new text begin and schools, by increasing the income of new text end 140.4 new text begin local residents and increasing local tax new text end 140.5 new text begin revenues. The grant may be disbursed in new text end 140.6 new text begin two installments. The program must provide new text end 140.7 new text begin assistance to rural entities seeking to develop new text end 140.8 new text begin wind energy electric generation projects new text end 140.9 new text begin and to sell the energy from the projects. new text end 140.10 new text begin Among other strategies, the program may new text end 140.11 new text begin consider combining rural entities and others new text end 140.12 new text begin into groups with the size and market power new text end 140.13 new text begin necessary for planning and developing new text end 140.14 new text begin significant rural wind energy projects. new text end 140.15 new text begin (b) The program must provide assistance by, new text end 140.16 new text begin among other things: new text end 140.17 new text begin (1) providing legal, engineering, and new text end 140.18 new text begin financial services; new text end 140.19 new text begin (2) identifying target communities with new text end 140.20 new text begin favorable wind resources, community new text end 140.21 new text begin interest, and local political support; new text end 140.22 new text begin (3) providing assistance to reserve, obtain, new text end 140.23 new text begin and assure the maintenance over time of new text end 140.24 new text begin wind turbines; new text end 140.25 new text begin (4) creating market opportunities for utilities new text end 140.26 new text begin to meet their renewable energy obligations new text end 140.27 new text begin through purchases of rural community wind; new text end 140.28 new text begin (5) assisting in the negotiation of fair power new text end 140.29 new text begin purchase agreements; new text end 140.30 new text begin (6) facilitating transmission interconnection new text end 140.31 new text begin and delivery of energy from rural and new text end 140.32 new text begin community wind projects; and new text end 140.33 new text begin (7) lowering the market risk facing potential new text end 140.34 new text begin wind investors by supporting local wind new text end 140.35 new text begin development from start to finish. new text end 141.1 new text begin The grantee must demonstrate an ability new text end 141.2 new text begin to sustain program functions with ongoing new text end 141.3 new text begin revenue from sources other than state funding new text end 141.4 new text begin and shall provide a 35 percent grant match new text end 141.5 new text begin in the first year. The grant must be awarded new text end 141.6 new text begin on a competitive basis. The center must use new text end 141.7 new text begin best practices regarding grant management new text end 141.8 new text begin functions, including selection and monitoring new text end 141.9 new text begin of the grantee, compliance review, and new text end 141.10 new text begin financial oversight. Grant management fees new text end 141.11 new text begin are limited to 2.5 percent of the grant. new text end 141.12 new text begin (c) The commissioner of commerce shall new text end 141.13 new text begin monitor the activities of the rural wind new text end 141.14 new text begin energy development assistance program new text end 141.15 new text begin created under paragraphs (a) to (c). By new text end 141.16 new text begin November 1, 2008, the commissioner shall new text end 141.17 new text begin submit an evaluation of the program to new text end 141.18 new text begin the chairs of the house of representatives new text end 141.19 new text begin and senate committees with jurisdiction new text end 141.20 new text begin over energy policy and finance, including new text end 141.21 new text begin recommendations for legislative or new text end 141.22 new text begin administrative action to better achieve the new text end 141.23 new text begin program goals described in paragraph (a). new text end 141.24 new text begin $1,000,000 in fiscal year 2008 is for new text end 141.25 new text begin distribution to eligible households for home new text end 141.26 new text begin heating assistance during the 2007 calendar new text end 141.27 new text begin year. The commissioner must distribute new text end 141.28 new text begin funds to eligible households according to new text end 141.29 new text begin the formula developed for the distribution new text end 141.30 new text begin of the federal Low-Income Home Energy new text end 141.31 new text begin Assistance Program for fiscal year 2008. new text end 141.32 new text begin This appropriation is available until spent. new text end 141.33 new text begin $3,250,000 the first year is for the renewable new text end 141.34 new text begin hydrogen initiative in Minnesota Statutes, new text end 141.35 new text begin section 216B.813, to fund the competitive new text end 141.36 new text begin grant program included in that section. The new text end 142.1 new text begin commissioner may use up to two percent of new text end 142.2 new text begin the competitive grant program appropriation new text end 142.3 new text begin for grant administration and to develop and new text end 142.4 new text begin implement the renewable hydrogen road new text end 142.5 new text begin map. This is a onetime appropriation and is new text end 142.6 new text begin available until expended. new text end 142.7 new text begin $50,000 the first year is a onetime new text end 142.8 new text begin appropriation for a comprehensive technical, new text end 142.9 new text begin economic, and environmental analysis of the new text end 142.10 new text begin benefits to be derived from greater use in this new text end 142.11 new text begin state of geothermal heat pump systems for new text end 142.12 new text begin heating and cooling air and heating water. new text end 142.13 new text begin The analysis must: new text end 142.14 new text begin (1) estimate the extent of geothermal heat new text end 142.15 new text begin pump systems currently installed in this state new text end 142.16 new text begin in residential, commercial, and institutional new text end 142.17 new text begin buildings; new text end 142.18 new text begin (2) estimate energy and economic savings of new text end 142.19 new text begin geothermal heat pump systems in comparison new text end 142.20 new text begin with fossil fuel-based heating and cooling new text end 142.21 new text begin systems, including electricity use, on a new text end 142.22 new text begin capital cost and life-cycle cost basis, for both new text end 142.23 new text begin newly constructed and retrofitted residential, new text end 142.24 new text begin commercial, and institutional buildings; new text end 142.25 new text begin (3) compare the emission of pollutants and new text end 142.26 new text begin greenhouse gases from geothermal heat new text end 142.27 new text begin pump systems and fossil fuel-based heating new text end 142.28 new text begin and cooling systems; new text end 142.29 new text begin (4) identify financial assistance available new text end 142.30 new text begin from state and federal sources and Minnesota new text end 142.31 new text begin utilities to defray the costs of installing new text end 142.32 new text begin geothermal heat pump systems; new text end 142.33 new text begin (5) identify Minnesota firms currently new text end 142.34 new text begin manufacturing or installing the physical new text end 142.35 new text begin components of geothermal heat pump new text end 142.36 new text begin systems and estimate the economic new text end 143.1 new text begin development potential in this state if demand new text end 143.2 new text begin for such systems increases significantly; new text end 143.3 new text begin (6) identify the barriers to more widespread new text end 143.4 new text begin adoption of geothermal heat pump systems in new text end 143.5 new text begin this state and suggest strategies to overcome new text end 143.6 new text begin those barriers; and new text end 143.7 new text begin (7) make recommendations for legislative new text end 143.8 new text begin action. new text end 143.9 new text begin Not later than March 15, 2008, the new text end 143.10 new text begin commissioner shall submit the results of the new text end 143.11 new text begin analysis in a report to the chairs of the senate new text end 143.12 new text begin and house of representatives committees new text end 143.13 new text begin with primary jurisdiction over energy policy. new text end 143.14 new text begin $45,000 the first year is a onetime new text end 143.15 new text begin appropriation for a grant to Linden Hills new text end 143.16 new text begin Power and Light for preliminary engineering new text end 143.17 new text begin design work and other technical and legal new text end 143.18 new text begin services required for a community digester new text end 143.19 new text begin and neighborhood district heating and new text end 143.20 new text begin cooling system demonstration project in the new text end 143.21 new text begin Linden Hills neighborhood of Minneapolis. new text end 143.22 new text begin Funds may be expended upon a determination new text end 143.23 new text begin by the commissioner of commerce that the new text end 143.24 new text begin project is technically and economically new text end 143.25 new text begin feasible. A portion of the appropriation new text end 143.26 new text begin may be used to expand the scope of the new text end 143.27 new text begin project feasibility study to include portions new text end 143.28 new text begin of adjacent communities including St. Louis new text end 143.29 new text begin Park and Edina. new text end 143.30 143.31 new text begin Subd. 7. new text end new text begin Telecommunications Access new text end new text begin Minnesota new text end new text begin 100,000 new text end new text begin 100,000 new text end 143.32 new text begin $100,000 the first year and $100,000 new text end 143.33 new text begin the second year are for transfer to the new text end 143.34 new text begin commissioner of human services to new text end 143.35 new text begin supplement the ongoing operational expenses new text end 143.36 new text begin of the Minnesota Commission Serving new text end 144.1 new text begin Deaf and Hard-of-Hearing People. This new text end 144.2 new text begin appropriation is from the telecommunication new text end 144.3 new text begin access Minnesota fund, and is added to the new text end 144.4 new text begin commission's base. new text end 144.5 Sec. 4. new text begin PUBLIC UTILITIES COMMISSION new text end new text begin $ new text end new text begin 5,347,000 new text end new text begin $ new text end new text begin 5,433,000 new text end 144.6 Sec. 5. new text begin NEXTGEN ENERGY BOARD new text end 144.7 new text begin By October 1 of 2007 and 2008, an entity new text end 144.8 new text begin receiving renewable development funds to new text end 144.9 new text begin conduct energy research under this article new text end 144.10 new text begin must present a research plan outlining the new text end 144.11 new text begin activities to be conducted with those funds, new text end 144.12 new text begin and any results from research completed with new text end 144.13 new text begin those funds during the previous year, to the new text end 144.14 new text begin NextGen Energy Board established under new text end 144.15 new text begin Minnesota Statutes, section 41A.05, for its new text end 144.16 new text begin review and comment. new text end 144.17    Sec. 6. new text begin [16C.141] EMPLOYEE SUGGESTIONS; ENERGY SAVINGS new text end 144.18 new text begin INCENTIVE PROGRAM. new text end 144.19     new text begin Subdivision 1. new text end new text begin Creation of program. new text end new text begin The commissioner of administration must new text end 144.20 new text begin implement a program using best practices and develop policies under which state new text end 144.21 new text begin employees may receive cash awards for making suggestions that result in documented new text end 144.22 new text begin cost savings to state agencies from reduced energy usage in state-owned buildings. The new text end 144.23 new text begin program must be structured to provide state employees an opportunity to receive a cash new text end 144.24 new text begin award for suggestions that are implemented and result in documented cost savings to state new text end 144.25 new text begin agencies from reduced energy use in state-owned buildings. The program must also new text end 144.26 new text begin include methods to document submissions of suggestions and energy and cost savings new text end 144.27 new text begin resulting from the implementation of employee suggestions. new text end 144.28     new text begin Subd. 2. new text end new text begin Funding. new text end new text begin To the extent necessary to fund the program under this section, new text end 144.29 new text begin the commissioner of administration, with approval of the commissioner of finance, may new text end 144.30 new text begin transfer a portion of the documented cost savings resulting from a suggestion under this new text end 144.31 new text begin section from the general services revolving fund to an energy savings reward account. new text end 144.32 new text begin Money in the energy savings reward account is appropriated to the commissioner for new text end 144.33 new text begin purposes of making cash rewards and paying the commissioner's incentive program new text end 144.34 new text begin developments costs and administrative expenses under this section. new text end 145.1     new text begin Subd. 3. new text end new text begin Report to legislature. new text end new text begin The commissioner of administration shall report to new text end 145.2 new text begin the chairs of the senate and house of representatives committees with jurisdiction over new text end 145.3 new text begin energy policy by January 1, 2008, on the development of the incentive program, and new text end 145.4 new text begin by January 15 each year thereafter on the implementation of this section, including the new text end 145.5 new text begin ideas submitted and energy savings realized. new text end 145.6     new text begin Subd. 4. new text end new text begin Minnesota State Colleges and Universities. new text end new text begin This section does not apply to new text end 145.7 new text begin the Minnesota State Colleges and Universities, except to the extent the Board of Trustees new text end 145.8 new text begin of the Minnesota State Colleges and Universities provides that the section does apply. new text end 145.9     new text begin Subd. 5. new text end new text begin Repeal. new text end new text begin This section is repealed July 1, 2009. new text end 145.10    Sec. 7. Minnesota Statutes 2006, section 116C.775, is amended to read: 145.11116C.775 SHIPMENT PRIORITIES; PRAIRIE ISLAND new text begin NUCLEAR PLANTS new text end . 145.12    If a storage or disposal site becomes available outside of the state to accept 145.13high-level nuclear waste stored at Prairie Island new text begin or Monticello new text end , the waste contained in dry 145.14casks shall be shipped to that site before the shipment of any waste from the spent nuclear 145.15fuel storage pool. Once waste is shipped that was contained in a cask, the cask must be 145.16decommissioned and not used for further storage. 145.17    Sec. 8. Minnesota Statutes 2006, section 116C.777, is amended to read: 145.18116C.777 SITE. 145.19    The spent fuel contents of dry casks located on Prairie Island must be moved 145.20immediately upon the availability of another site for storage of the spent fuel that is not 145.21located on Prairie Island new text begin or at Monticello new text end . 145.22    Sec. 9. Minnesota Statutes 2006, section 116C.779, subdivision 1, is amended to read: 145.23    Subdivision 1. Renewable development account. (a) The public utility that owns 145.24the Prairie Island nuclear generating plant must transfer to a renewable development 145.25account $16,000,000 annually each year the plant is in operation, and $7,500,000 each 145.26year the plant is not in operation if ordered by the commission pursuant to paragraph 145.27(c) new text begin (d) new text end . The fund transfer must be made if nuclear waste is stored in a dry cask at the 145.28independent spent-fuel storage facility at Prairie Island for any part of a year. Funds 145.29in the account may be expended only for development of renewable energy sources. 145.30Preference must be given to development of renewable energy source projects located 145.31within the state. new text begin The utility that owns a nuclear generating plant is eligible to apply for new text end 145.32 new text begin renewable development fund grants. The utility's proposals must be evaluated by the new text end 146.1 new text begin renewable development fund board in a manner consistent with that used to evaluate other new text end 146.2 new text begin renewable development fund project proposals. new text end 146.3     new text begin (b) The public utility that owns the Monticello nuclear generating plant must transfer new text end 146.4 new text begin to the renewable development account $350,000 each year for each dry cask containing new text end 146.5 new text begin spent fuel that is located at the Monticello nuclear power plant for each year the plant is new text end 146.6 new text begin in operation, and $5,250,000 each year the plant is not in operation if ordered by the new text end 146.7 new text begin commission pursuant to paragraph (d). The fund transfer must be made if nuclear waste new text end 146.8 new text begin is stored in a dry cask at the independent spent-fuel storage facility at Monticello for new text end 146.9 new text begin any part of a year. new text end 146.10    (b) new text begin (c) new text end Expenditures from the account may only be made after approval by order of 146.11the Public Utilities Commission upon a petition by the public utility. 146.12    (c) new text begin (d) new text end After discontinuation of operation of the Prairie Island nuclear plant new text begin or the new text end 146.13 new text begin Monticello nuclear plant new text end and each year spent nuclear fuel is stored in dry cask at the 146.14Prairie Island new text begin discontinued new text end facility, the commission shall require the public utility to pay 146.15$7,500,000 new text begin for the discontinued Prairie Island facility and $5,250,000 for the discontinued new text end 146.16 new text begin Monticello facility new text end for any year in which the commission finds, by the preponderance of 146.17the evidence, that the public utility did not make a good faith effort to remove the spent 146.18nuclear fuel stored at Prairie Island new text begin the facility new text end to a permanent or interim storage site out 146.19of the state. This determination shall be made at least every two years. 146.20    Sec. 10. new text begin [173.0851] STATE ENERGY CITY. new text end 146.21     new text begin The city of Elk River is designated as a state energy city. new text end 146.22    Sec. 11. new text begin [216B.091] MONTHLY REPORTS. new text end 146.23     new text begin (a) Each public utility must report the following data on residential customers to the new text end 146.24 new text begin commission monthly, in a format determined by the commission: new text end 146.25     new text begin (1) number of customers; new text end 146.26     new text begin (2) number and total amount of accounts past due; new text end 146.27     new text begin (3) average customer past due amount; new text end 146.28     new text begin (4) total revenue received from the low-income home energy assistance program and new text end 146.29 new text begin other sources contributing to the bills of low-income persons; new text end 146.30     new text begin (5) average monthly bill; new text end 146.31     new text begin (6) total sales revenue; new text end 146.32     new text begin (7) total write-offs due to uncollectible bills; new text end 146.33     new text begin (8) number of disconnection notices mailed; new text end 146.34     new text begin (9) number of accounts disconnected for nonpayment; new text end 146.35     new text begin (10) number of accounts reconnected to service; and new text end 147.1     new text begin (11) number of accounts that remain disconnected, grouped by the duration of new text end 147.2 new text begin disconnection, as follows: new text end 147.3     new text begin (i) 1-30 days; new text end 147.4     new text begin (ii) 31-60 days; and new text end 147.5     new text begin (iii) more than 60 days. new text end 147.6     new text begin (b) Monthly reports for October through April must also include the following data: new text end 147.7     new text begin (1) number of cold weather protection requests; new text end 147.8     new text begin (2) number of payment arrangement requests received and granted; new text end 147.9     new text begin (3) number of right to appeal notices mailed to customers; new text end 147.10     new text begin (4) number of reconnect request appeals withdrawn; new text end 147.11     new text begin (5) number of occupied heat-affected accounts disconnected for 24 hours or more new text end 147.12 new text begin for electric and natural gas service separately; new text end 147.13     new text begin (6) number of occupied non-heat-affected accounts disconnected for 24 hours or new text end 147.14 new text begin more for electric and gas service separately; new text end 147.15     new text begin (7) number of customers granted cold weather rule protection; new text end 147.16     new text begin (8) number of customers disconnected who did not request cold weather rule new text end 147.17 new text begin protection; and new text end 147.18     new text begin (9) number of customers disconnected who requested cold weather rule protection. new text end 147.19     new text begin (c) The data reported under paragraphs (a) and (b) is presumed to be accurate upon new text end 147.20 new text begin submission and must be made available through the commission's electronic filing system. new text end 147.21    Sec. 12. new text begin [216B.0951] PROPANE PREPURCHASE PROGRAM. new text end 147.22     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin The commissioner of commerce shall operate, or new text end 147.23 new text begin contract to operate, a propane fuel prepurchase fuel program. The commissioner may new text end 147.24 new text begin contract at any time of the year to purchase the lesser of one-third of the liquid propane new text end 147.25 new text begin fuel consumed by low-income home energy assistance program recipients during the new text end 147.26 new text begin previous heating season or the amount that can be purchased with available funds. The new text end 147.27 new text begin propane fuel prepurchase program must be available statewide through each local agency new text end 147.28 new text begin that administers the energy assistance program. The commissioner may decide to limit or new text end 147.29 new text begin not engage in prepurchasing if the commissioner finds that there is a reasonable likelihood new text end 147.30 new text begin that prepurchasing will not provide fuel-cost savings. new text end 147.31     new text begin Subd. 2. new text end new text begin Hedge account. new text end new text begin The commissioner may establish a hedge account with new text end 147.32 new text begin realized program savings due to prepurchasing. The account must be used to compensate new text end 147.33 new text begin program recipients an amount up to the difference in cost for fuel provided to the recipient new text end 147.34 new text begin if winter-delivered fuel prices are lower than the prepurchase or summer-fill price. No new text end 148.1 new text begin more than ten percent of the aggregate prepurchase program savings may be used to new text end 148.2 new text begin establish the hedge account. new text end 148.3     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The Department of Commerce shall issue a report by June 30, new text end 148.4 new text begin 2008, made available electronically on its Web site and in print upon request, that contains new text end 148.5 new text begin the following information: new text end 148.6     new text begin (1) the cost per gallon of prepurchased fuel; new text end 148.7     new text begin (2) the total gallons of fuel prepurchased; new text end 148.8     new text begin (3) the average cost of propane each month between October and the following April; new text end 148.9     new text begin (4) the number of energy assistance program households receiving prepurchased new text end 148.10 new text begin fuel; and new text end 148.11     new text begin (5) the average savings accruing or benefit increase provided to energy assistance new text end 148.12 new text begin households. new text end 148.13    Sec. 13. new text begin [216B.096] COLD WEATHER RULE; PUBLIC UTILITIES. new text end 148.14     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin This section applies only to residential customers of a utility. new text end 148.15     new text begin Subd. 2. new text end new text begin Definitions. new text end new text begin (a) The terms used in this section have the meanings given new text end 148.16 new text begin them in this subdivision. new text end 148.17     new text begin (b) "Cold weather period" means the period from October 15 through April 15 of new text end 148.18 new text begin the following year. new text end 148.19     new text begin (c) "Customer" means a residential customer of a utility. new text end 148.20     new text begin (d) "Disconnection" means the involuntary loss of utility heating service as a result new text end 148.21 new text begin of a physical act by a utility to discontinue service. Disconnection includes installation of new text end 148.22 new text begin a service or load limiter or any device that limits or interrupts utility service in any way. new text end 148.23     new text begin (e) "Household income" means the combined income, as defined in section 290A.03, new text end 148.24 new text begin subdivision 3, of all residents of the customer's household, computed on an annual basis. new text end 148.25 new text begin Household income does not include any amount received for energy assistance. new text end 148.26     new text begin (f) "Reasonably timely payment" means payment within five working days of new text end 148.27 new text begin agreed-upon due dates. new text end 148.28     new text begin (g) "Reconnection" means the restoration of utility heating service after it has been new text end 148.29 new text begin disconnected. new text end 148.30     new text begin (h) "Summary of rights and responsibilities" means a commission-approved notice new text end 148.31 new text begin that contains, at a minimum, the following: new text end 148.32     new text begin (1) an explanation of the provisions of subdivision 5; new text end 148.33     new text begin (2) an explanation of no-cost and low-cost methods to reduce the consumption new text end 148.34 new text begin of energy; new text end 148.35     new text begin (3) a third-party notice; new text end 149.1     new text begin (4) ways to avoid disconnection; new text end 149.2     new text begin (5) information regarding payment agreements; new text end 149.3     new text begin (6) an explanation of the customer's right to appeal a determination of income by the new text end 149.4 new text begin utility and the right to appeal if the utility and the customer cannot arrive at a mutually new text end 149.5 new text begin acceptable payment agreement; and new text end 149.6     new text begin (7) a list of names and telephone numbers for county and local energy assistance and new text end 149.7 new text begin weatherization providers in each county served by the utility. new text end 149.8     new text begin (i) "Third-party notice" means a commission-approved notice containing, at a new text end 149.9 new text begin minimum, the following information: new text end 149.10     new text begin (1) a statement that the utility will send a copy of any future notice of proposed new text end 149.11 new text begin disconnection of utility heating service to a third party designated by the residential new text end 149.12 new text begin customer; new text end 149.13     new text begin (2) instructions on how to request this service; and new text end 149.14     new text begin (3) a statement that the residential customer should contact the person the customer new text end 149.15 new text begin intends to designate as the third-party contact before providing the utility with the party's new text end 149.16 new text begin name. new text end 149.17     new text begin (j) "Utility" means a public utility as defined in section 216B.02, and a cooperative new text end 149.18 new text begin electric association electing to be a public utility under section 216B.026. Utility also new text end 149.19 new text begin means a municipally owned gas or electric utility for nonresident consumers of the new text end 149.20 new text begin municipally owned utility and a cooperative electric association when a complaint in new text end 149.21 new text begin connection with utility heating service during the cold weather period is filed under new text end 149.22 new text begin section 216B.17, subdivision 6 or 6a. new text end 149.23     new text begin (k) "Utility heating service" means natural gas or electricity used as a primary new text end 149.24 new text begin heating source, including electricity service necessary to operate gas heating equipment, new text end 149.25 new text begin for the customer's primary residence. new text end 149.26     new text begin (l) "Working days" means Mondays through Fridays, excluding legal holidays. The new text end 149.27 new text begin day of receipt of a personally served notice and the day of mailing of a notice shall not new text end 149.28 new text begin be counted in calculating working days. new text end 149.29     new text begin Subd. 3. new text end new text begin Utility obligations before cold weather period. new text end new text begin Each year, between new text end 149.30 new text begin September 1 and October 15, each utility must provide all customers, personally or by first new text end 149.31 new text begin class mail, a summary of rights and responsibilities. The summary must also be provided new text end 149.32 new text begin to all new residential customers when service is initiated. new text end 149.33     new text begin Subd. 4. new text end new text begin Notice before disconnection during cold weather period. new text end new text begin Before new text end 149.34 new text begin disconnecting utility heating service during the cold weather period, a utility must new text end 149.35 new text begin provide, personally or by first class mail, a commission-approved notice to a customer, new text end 150.1 new text begin in easy-to-understand language, that contains, at a minimum, the date of the scheduled new text end 150.2 new text begin disconnection, the amount due, and a summary of rights and responsibilities. new text end 150.3     new text begin Subd. 5. new text end new text begin Cold weather rule. new text end new text begin (a) During the cold weather period, a utility may not new text end 150.4 new text begin disconnect and must reconnect utility heating service of a customer whose household new text end 150.5 new text begin income is at or below 50 percent of the state median income if the customer enters into new text end 150.6 new text begin and makes reasonably timely payments under a mutually acceptable payment agreement new text end 150.7 new text begin with the utility that is based on the financial resources and circumstances of the household; new text end 150.8 new text begin provided that, a utility may not require a customer to pay more than ten percent of the new text end 150.9 new text begin household income toward current and past utility bills for utility heating service. new text end 150.10     new text begin (b) A utility may accept more than ten percent of the household income as the new text end 150.11 new text begin payment arrangement amount if agreed to by the customer. new text end 150.12     new text begin (c) The customer or a designated third party may request a modification of the terms new text end 150.13 new text begin of a payment agreement previously entered into if the customer's financial circumstances new text end 150.14 new text begin have changed or the customer is unable to make reasonably timely payments. new text end 150.15     new text begin (d) The payment agreement terminates at the expiration of the cold weather period new text end 150.16 new text begin unless a longer period is mutually agreed to by the customer and the utility. new text end 150.17     new text begin Subd. 6. new text end new text begin Verification of income. new text end new text begin (a) In verifying a customer's household income, new text end 150.18 new text begin a utility may: new text end 150.19     new text begin (1) accept the signed statement of a customer that the customer is income eligible; new text end 150.20     new text begin (2) obtain income verification from a local energy assistance provider or a new text end 150.21 new text begin government agency; new text end 150.22     new text begin (3) consider one or more of the following: new text end 150.23     new text begin (i) the most recent income tax return filed by members of the customer's household; new text end 150.24     new text begin (ii) for each employed member of the customer's household, paycheck stubs for the new text end 150.25 new text begin last two months or a written statement from the employer reporting wages earned during new text end 150.26 new text begin the preceding two months; new text end 150.27     new text begin (iii) documentation that the customer receives a pension from the Department of new text end 150.28 new text begin Human Services, the Social Security Administration, the Veteran's Administration, or new text end 150.29 new text begin other pension provider; new text end 150.30     new text begin (iv) a letter showing the customer's dismissal from a job or other documentation of new text end 150.31 new text begin unemployment; or new text end 150.32     new text begin (v) other documentation that supports the customer's declaration of income new text end 150.33 new text begin eligibility. new text end 150.34     new text begin (b) A customer who receives energy assistance benefits under any federal, state, new text end 150.35 new text begin or county government programs in which eligibility is defined as household income at new text end 151.1 new text begin or below 50 percent of state median income is deemed to be automatically eligible for new text end 151.2 new text begin protection under this section and no other verification of income may be required. new text end 151.3     new text begin Subd. 7. new text end new text begin Prohibitions and requirements. new text end new text begin (a) This subdivision applies during new text end 151.4 new text begin the cold weather period. new text end 151.5     new text begin (b) A utility may not charge a deposit or delinquency charge to a customer who has new text end 151.6 new text begin entered into a payment agreement or a customer who has appealed to the commission new text end 151.7 new text begin under subdivision 8. new text end 151.8     new text begin (c) A utility may not disconnect service during the following periods: new text end 151.9     new text begin (1) during the pendency of any appeal under subdivision 8; new text end 151.10     new text begin (2) earlier than ten working days after a utility has deposited in first class mail, new text end 151.11 new text begin or seven working days after a utility has personally served, the notice required under new text end 151.12 new text begin subdivision 4 to a customer in an occupied dwelling; new text end 151.13     new text begin (3) earlier than ten working days after the utility has deposited in first class mail new text end 151.14 new text begin the notice required under subdivision 4 to the recorded billing address of the customer, new text end 151.15 new text begin if the utility has reasonably determined from an on-site inspection that the dwelling new text end 151.16 new text begin is unoccupied; new text end 151.17     new text begin (4) on a Friday, unless the utility makes personal contact with, and offers a payment new text end 151.18 new text begin agreement consistent with this section to the customer; new text end 151.19     new text begin (5) on a Saturday, Sunday, holiday, or the day before a holiday; new text end 151.20     new text begin (6) when utility offices are closed; new text end 151.21     new text begin (7) when no utility personnel are available to resolve disputes, enter into payment new text end 151.22 new text begin agreements, accept payments, and reconnect service; or new text end 151.23     new text begin (8) when commission offices are closed. new text end 151.24     new text begin (d) A utility may not discontinue service until the utility investigates whether the new text end 151.25 new text begin dwelling is actually occupied. At a minimum, the investigation must include one visit new text end 151.26 new text begin by the utility to the dwelling during normal working hours. If no contact is made and new text end 151.27 new text begin there is reason to believe that the dwelling is occupied, the utility must attempt a second new text end 151.28 new text begin contact during nonbusiness hours. If personal contact is made, the utility representative new text end 151.29 new text begin must provide notice required under subdivision 4 and, if the utility representative is not new text end 151.30 new text begin authorized to enter into a payment agreement, the telephone number the customer can call new text end 151.31 new text begin to establish a payment agreement. new text end 151.32     new text begin (e) Each utility must reconnect utility service if, following disconnection, the new text end 151.33 new text begin dwelling is found to be occupied and the customer agrees to enter into a payment new text end 151.34 new text begin agreement or appeals to the commission because the customer and the utility are unable to new text end 151.35 new text begin agree on a payment agreement. new text end 152.1     new text begin Subd. 8. new text end new text begin Disputes; customer appeals. new text end new text begin (a) A utility must provide the customer new text end 152.2 new text begin and any designated third party with a commission-approved written notice of the right new text end 152.3 new text begin to appeal: new text end 152.4     new text begin (1) a utility determination that the customer's household income is more than 50 new text end 152.5 new text begin percent of state median household income; or new text end 152.6     new text begin (2) when the utility and customer are unable to agree on the establishment or new text end 152.7 new text begin modification of a payment agreement. new text end 152.8     new text begin (b) A customer's appeal must be filed with the commission no later than seven new text end 152.9 new text begin working days after the customer's receipt of a personally served appeal notice, or within new text end 152.10 new text begin ten working days after the utility has deposited a first class mail appeal notice. new text end 152.11     new text begin (c) The commission must determine all customer appeals on an informal basis, new text end 152.12 new text begin within 20 working days of receipt of a customer's written appeal. In making its new text end 152.13 new text begin determination, the commission must consider one or more of the factors in subdivision 6. new text end 152.14     new text begin (d) Notwithstanding any other law, following an appeals decision adverse to the new text end 152.15 new text begin customer, a utility may not disconnect utility heating service for seven working days new text end 152.16 new text begin after the utility has personally served a disconnection notice, or for ten working days new text end 152.17 new text begin after the utility has deposited a first class mail notice. The notice must contain, in new text end 152.18 new text begin easy-to-understand language, the date on or after which disconnection will occur, the new text end 152.19 new text begin reason for disconnection, and ways to avoid disconnection. new text end 152.20     new text begin Subd. 8a. new text end new text begin Cooperative and municipal disputes. new text end new text begin Complaints in connection with new text end 152.21 new text begin utility heating service during the cold weather period filed against a municipal or a new text end 152.22 new text begin cooperative electric association with the commission under section 216B.17, subdivision 6 new text end 152.23 new text begin or 6a, are governed by section 216B.097. new text end 152.24     new text begin Subd. 9. new text end new text begin Customers above 50 percent of state median income. new text end new text begin During the new text end 152.25 new text begin cold weather period, a customer whose household income is above 50 percent of state new text end 152.26 new text begin median income: new text end 152.27     new text begin (1) has the right to a payment agreement that takes into consideration any new text end 152.28 new text begin extenuating circumstances of the household; and new text end 152.29     new text begin (2) may not be disconnected and must be reconnected if the customer makes timely new text end 152.30 new text begin payments under a payment agreement accepted by a utility. new text end 152.31 new text begin Subdivision 7, paragraph (b), does not apply to customers whose household income is new text end 152.32 new text begin above 50 percent of state median income. new text end 152.33     new text begin Subd. 10. new text end new text begin Reporting. new text end new text begin Annually on November 1, a utility must electronically file new text end 152.34 new text begin with the commission a report, in a format specified by the commission, specifying the new text end 152.35 new text begin number of utility heating service customers whose service is disconnected or remains new text end 153.1 new text begin disconnected for nonpayment as of October 1 and October 15. If customers remain new text end 153.2 new text begin disconnected on October 15, a utility must file a report each week between November 1 new text end 153.3 new text begin and the end of the cold weather period specifying: new text end 153.4     new text begin (1) the number of utility heating service customers that are or remain disconnected new text end 153.5 new text begin from service for nonpayment; and new text end 153.6     new text begin (2) the number of utility heating service customers that are reconnected to service new text end 153.7 new text begin each week. The utility may discontinue weekly reporting if the number of utility heating new text end 153.8 new text begin service customers that are or remain disconnected reaches zero before the end of the new text end 153.9 new text begin cold weather period. new text end 153.10 new text begin The data reported under this subdivision are presumed to be accurate upon submission and new text end 153.11 new text begin must be made available through the commission's electronic filing system. new text end 153.12    Sec. 14. Minnesota Statutes 2006, section 216B.097, subdivision 1, is amended to read: 153.13    Subdivision 1. Application; notice to residential customer. (a) A municipal utility 153.14or a cooperative electric association must not disconnect new text begin and must reconnect new text end the utility 153.15service of a residential customer during the period between October 15 and April 15 if 153.16the disconnection affects the primary heat source for the residential unit when new text begin and all of new text end 153.17the following conditions are met: 153.18    (1) the customer has declared inability to pay on forms provided by the utility. For 153.19the purposes of this clause, a customer that is receiving energy assistance is deemed 153.20to have demonstrated an inability to pay; 153.21    (2) The household income of the customer is less than new text begin at or below new text end 50 percent of the 153.22state median new text begin household new text end income; new text begin . A municipal utility or cooperative electric association new text end 153.23 new text begin utility may (i) verify income on forms it provides or (ii) obtain new text end 153.24    (3) verification of income may be conducted by new text begin from new text end the local energy assistance 153.25provider or the utility, unless the new text begin . A new text end customer is automatically eligible for protection 153.26against disconnection as a recipient of new text begin deemed to meet the income requirements of this new text end 153.27 new text begin clause if the customer receives new text end any form of public assistance, including energy assistance new text begin , new text end 153.28that uses new text begin an new text end income eligibility in an amount new text begin threshold set new text end at or below the income eligibility 153.29in clause (2) new text begin 50 percent of the state median household income new text end ; 153.30    (4) new text begin (2) new text end A customer whose account is current for the billing period immediately prior 153.31to October 15 or who, at any time, enters into new text begin and makes reasonably timely payments new text end 153.32 new text begin under new text end a payment schedule new text begin agreement new text end that considers the financial resources of the 153.33household and is reasonably current with payments under the schedule; and 154.1    (5) the new text begin (3) A new text end customer receives referrals to energy assistance programs, 154.2weatherization, conservation, or other programs likely to reduce the customer's energy 154.3bills. 154.4    (b) A municipal utility or a cooperative electric association must, between August 154.515 and October 15 of each year, notify all residential customers of the provisions of this 154.6section. 154.7    Sec. 15. Minnesota Statutes 2006, section 216B.097, subdivision 3, is amended to read: 154.8    Subd. 3. Restrictions if disconnection necessary. (a) If a residential customer must 154.9be involuntarily disconnected between October 15 and April 15 for failure to comply with 154.10the provisions of subdivision 1, the disconnection must not occur new text begin : new text end 154.11     new text begin (1) new text end on a Friday or on the day before a holiday new text begin , unless the customer declines to enter new text end 154.12 new text begin into a payment agreement offered that day in person or via personal contact by telephone new text end 154.13 new text begin by a municipal utility or cooperative electric association; new text end 154.14     new text begin (2) on a weekend, holiday, or the day before a holiday; new text end 154.15     new text begin (3) when utility offices are closed; or new text end 154.16     new text begin (4) after the close of business on a day when disconnection is permitted, unless new text end 154.17 new text begin a field representative of a municipal utility or cooperative electric association who is new text end 154.18 new text begin authorized to enter into a payment agreement, accept payment, and continue service, new text end 154.19 new text begin offers a payment agreement to the customer new text end . 154.20Further, the disconnection must not occur until at least 20 days after the notice required 154.21in subdivision 2 has been mailed to the customer or 15 days after the notice has been 154.22personally delivered to the customer. 154.23    (b) If a customer does not respond to a disconnection notice, the customer must 154.24not be disconnected until the utility investigates whether the residential unit is actually 154.25occupied. If the unit is found to be occupied, the utility must immediately inform the 154.26occupant of the provisions of this section. If the unit is unoccupied, the utility must give 154.27seven days' written notice of the proposed disconnection to the local energy assistance 154.28provider before making a disconnection. 154.29    (c) If, prior to disconnection, a customer appeals a notice of involuntary 154.30disconnection, as provided by the utility's established appeal procedure, the utility must 154.31not disconnect until the appeal is resolved. 154.32    Sec. 16. Minnesota Statutes 2006, section 216B.098, subdivision 4, is amended to read: 154.33    Subd. 4. Undercharges. new text begin (a) new text end A utility shall offer a payment agreement to customers 154.34who have been undercharged if no culpable conduct by the customer or resident of 154.35the customer's household caused the undercharge. The agreement must cover a period 155.1equal to the time over which the undercharge occurred or a different time period that is 155.2mutually agreeable to the customer and the utility new text begin , except that the duration of a payment new text end 155.3 new text begin agreement offered by a utility to a customer whose household income is at or below 50 new text end 155.4 new text begin percent of state median household income must consider the financial circumstances of new text end 155.5 new text begin the customer's household new text end . 155.6     new text begin (b) new text end No interest or delinquency fee may be charged under this new text begin as part of an new text end 155.7 new text begin undercharge new text end agreement new text begin under this subdivision new text end . 155.8     new text begin (c) If a customer inquiry or complaint results in the utility's discovery of the new text end 155.9 new text begin undercharge, the utility may bill for undercharges incurred after the date of the inquiry new text end 155.10 new text begin or complaint only if the utility began investigating the inquiry or complaint within a new text end 155.11 new text begin reasonable time after when it was made. new text end 155.12    Sec. 17. Minnesota Statutes 2006, section 216B.812, subdivision 1, is amended to read: 155.13    Subdivision 1. Early purchase and deployment of new text begin renewable new text end hydrogen, fuel 155.14cells, and related technologies by the state. (a) The Department of Commerce new text begin , new text end in 155.15conjunction new text begin coordination new text end with the Department of Administration new text begin and the Pollution Control new text end 155.16 new text begin Agency, new text end shall identify opportunities for demonstrating the use of new text begin deploying renewable new text end 155.17hydrogen, fuel cells, and related technologies within state-owned facilities, vehicle fleets, 155.18and operations new text begin in ways that demonstrate their commercial performance and economics new text end . 155.19    (b) The Department of Commerce shall recommend to the Department of 155.20Administration, when feasible, the purchase and demonstration new text begin deployment new text end of hydrogen, 155.21fuel cells, and related technologies new text begin , when feasible, new text end in ways that strategically contribute 155.22to realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109, and 155.23which contribute to the following nonexclusive list of objectives: 155.24    (1) provide needed performance data to the marketplace; 155.25    (2) identify code and regulatory issues to be resolved; 155.26    (3) foster economic development and job creation in the state; 155.27    (4) raise public awareness of new text begin renewable new text end hydrogen, fuel cells, and related 155.28technologies; or 155.29    (5) reduce emissions of carbon dioxide and other pollutants. 155.30     new text begin (c) The Department of Commerce and the Pollution Control Agency shall also new text end 155.31 new text begin recommend to the Department of Administration changes to the state's procurement new text end 155.32 new text begin guidelines and contracts in order to facilitate the purchase and deployment of cost-effective new text end 155.33 new text begin renewable hydrogen, fuel cells, and related technologies by all levels of government. new text end 155.34    Sec. 18. Minnesota Statutes 2006, section 216B.16, subdivision 10, is amended to read: 156.1    Subd. 10. Intervenor payment new text begin compensation new text end . new text begin (a) A nonprofit organization or new text end 156.2 new text begin an individual granted formal intervenor status by the commission is eligible to receive new text end 156.3 new text begin compensation. new text end 156.4     new text begin (b) new text end The commission may order a utility to pay all or a portion of a party's intervention 156.5 new text begin compensate all or part of an eligible intervenor's reasonable new text end costs not to exceed $20,000 156.6per intervenor in any proceeding new text begin of participation in a general rate case that comes before new text end 156.7 new text begin the commission new text end when the commission finds that the intervenor has materially assisted 156.8the commission's deliberation and the intervenor has insufficient financial resources to 156.9afford the costs of intervention new text begin and when a lack of compensation would present financial new text end 156.10 new text begin hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor new text end 156.11 new text begin in any proceeding. For the purpose of this subdivision, "materially assisted" means that new text end 156.12 new text begin the intervenor's participation and presentation was useful and seriously considered, or new text end 156.13 new text begin otherwise substantially contributed to the commission's deliberations in the proceeding. new text end 156.14     new text begin (c) In determining whether an intervenor has materially assisted the commission's new text end 156.15 new text begin deliberation, the commission must consider, among other factors, whether: new text end 156.16     new text begin (1) the intervenor represented an interest that would not otherwise have been new text end 156.17 new text begin adequately represented; new text end 156.18     new text begin (2) the evidence or arguments presented or the positions taken by the intervenor new text end 156.19 new text begin were an important factor in producing a fair decision; new text end 156.20     new text begin (3) the intervenor's position promoted a public purpose or policy; new text end 156.21     new text begin (4) the evidence presented, arguments made, issues raised, or positions taken by the new text end 156.22 new text begin intervenor would not have been a part of the record without the intervenor's participation; new text end 156.23 new text begin and new text end 156.24     new text begin (5) the administrative law judge or the commission adopted, in whole or in part, a new text end 156.25 new text begin position advocated by the intervenor. new text end 156.26     new text begin (d) In determining whether the absence of compensation would present financial new text end 156.27 new text begin hardship to the intervenor, the commission must consider: new text end 156.28     new text begin (1) whether the costs presented in the intervenor's claim reflect reasonable fees for new text end 156.29 new text begin attorneys and expert witnesses and other reasonable costs; and new text end 156.30     new text begin (2) the ratio between the costs of intervention and the intervenor's unrestricted funds. new text end 156.31     new text begin (e) An intervenor seeking compensation must file a request and an affidavit of service new text end 156.32 new text begin with the commission, and serve a copy of the request on each party to the proceeding. new text end 156.33 new text begin The request must be filed 30 days after the later of (1) the expiration of the period within new text end 156.34 new text begin which a petition for rehearing, amendment, vacation, reconsideration, or reargument must new text end 156.35 new text begin be filed or (2) the date the commission issues an order following rehearing, amendment, new text end 156.36 new text begin vacation, reconsideration, or reargument. new text end 157.1     new text begin (f) The compensation request must include: new text end 157.2     new text begin (1) the name and address of the intervenor or representative of the nonprofit new text end 157.3 new text begin organization the intervenor is representing; new text end 157.4     new text begin (2) proof of the organization's nonprofit, tax-exempt status; new text end 157.5     new text begin (3) the name and docket number of the proceeding for which compensation is new text end 157.6 new text begin requested; new text end 157.7     new text begin (4) a list of actual annual revenues and expenses of the organization the intervenor is new text end 157.8 new text begin representing for the preceding year and projected revenues, revenue sources, and expenses new text end 157.9 new text begin for the current year; new text end 157.10     new text begin (5) the organization's balance sheet for the preceding year and a current monthly new text end 157.11 new text begin balance sheet; new text end 157.12     new text begin (6) an itemization of intervenor costs and the total compensation request; and new text end 157.13     new text begin (7) a narrative explaining why additional organizational funds cannot be devoted new text end 157.14 new text begin to the intervention. new text end 157.15     new text begin (g) Within 30 days after service of the request for compensation, a party may file new text end 157.16 new text begin a response, together with an affidavit of service, with the commission. A copy of the new text end 157.17 new text begin response must be served on the intervenor and all other parties to the proceeding. new text end 157.18     new text begin (h) Within 15 days after the response is filed, the intervenor may file a reply with new text end 157.19 new text begin the commission. A copy of the reply and an affidavit of service must be served on all new text end 157.20 new text begin other parties to the proceeding. new text end 157.21     new text begin (i) If additional costs are incurred as a result of additional proceedings following new text end 157.22 new text begin the commission's initial order, the intervenor may file an amended request within 30 new text end 157.23 new text begin days after the commission issues an amended order. Paragraphs (e) to (h) apply to an new text end 157.24 new text begin amended request. new text end 157.25     new text begin (j) The commission must issue a decision on intervenor compensation within 60 new text end 157.26 new text begin days of a filing by an intervenor. new text end 157.27     new text begin (k) A party may request reconsideration of the commission's compensation decision new text end 157.28 new text begin within 30 days of the decision. new text end 157.29     new text begin (l) If the commission issues an order requiring payment of intervenor compensation, new text end 157.30 new text begin the utility that was the subject of the proceeding must pay the compensation to the new text end 157.31 new text begin intervenor, and file with the commission proof of payment, within 30 days after the later new text end 157.32 new text begin of (1) the expiration of the period within which a petition for reconsideration of the new text end 157.33 new text begin commission's compensation decision must be filed or (2) the date the commission issues new text end 157.34 new text begin an order following reconsideration of its order on intervenor compensation new text end . 157.35    Sec. 19. Minnesota Statutes 2006, section 216B.16, subdivision 15, is amended to read: 158.1    Subd. 15. Low-income new text begin affordability new text end programs. (a) The commission may new text begin must new text end 158.2consider ability to pay as a factor in setting utility rates and may establish new text begin affordability new text end 158.3programs for low-income residential ratepayers in order to ensure affordable, reliable, and 158.4continuous service to low-income utility customers. new text begin By September 1, 2007, a public new text end 158.5 new text begin utility serving low-income residential ratepayers who use natural gas for heating must new text end 158.6 new text begin file an affordability program with the commission. For purposes of this subdivision, new text end 158.7 new text begin "low-income residential ratepayers" means ratepayers who receive energy assistance from new text end 158.8 new text begin the low-income home energy assistance program (LIHEAP). new text end 158.9    (b) The purpose of the low-income programs is to new text begin Any affordability program the new text end 158.10 new text begin commission orders a utility to implement must: new text end 158.11     new text begin (1) new text end lower the percentage of income that new text begin participating new text end low-income households devote 158.12to energy bills, to new text begin ; new text end 158.13     new text begin (2) new text end increase new text begin participating new text end customer payments, and to new text begin over time by increasing the new text end 158.14 new text begin frequency of payments; new text end 158.15     new text begin (3) decrease or eliminate participating customer arrears; new text end 158.16     new text begin (4) new text end lower the utility costs associated with customer account collection activities new text begin ; and new text end 158.17     new text begin (5) coordinate the program with other available low-income bill payment assistance new text end 158.18 new text begin and conservation resources new text end . 158.19In ordering low-income new text begin affordability new text end programs, the commission may require public 158.20utilities to file program evaluations, including the coordination of other available 158.21low-income bill payment and conservation resources and new text begin that measure new text end the effect of the 158.22 new text begin affordability new text end program on: 158.23    (1) reducing the percentage of income that participating households devote to energy 158.24bills; 158.25    (2) service disconnections; and 158.26    (3) new text begin frequency of new text end customer payment behavior new text begin payments new text end , utility collection costs, 158.27arrearages, and bad debt. 158.28     new text begin (c) The commission must issue orders necessary to implement, administer, and new text end 158.29 new text begin evaluate affordability programs, and to allow a utility to recover program costs, including new text end 158.30 new text begin administrative costs, on a timely basis. The commission may not allow a utility to recover new text end 158.31 new text begin administrative costs, excluding start-up costs, in excess of five percent of total program new text end 158.32 new text begin costs, or program evaluation costs in excess of two percent of total program costs. The new text end 158.33 new text begin commission must permit deferred accounting, with carrying costs, for recovery of program new text end 158.34 new text begin costs incurred during the period between general rate cases. new text end 158.35     new text begin (d) Public utilities may use information collected or created for the purpose of new text end 158.36 new text begin administering energy assistance to administer affordability programs. new text end 159.1    Sec. 20. new text begin [216B.1637] RECOVERY OF CERTAIN LIMITED UTILITY new text end 159.2 new text begin GREENHOUSE GAS INFRASTRUCTURE COSTS. new text end 159.3     new text begin A public utility that owns a nuclear power plant and a public utility furnishing gas new text end 159.4 new text begin service may file for recovery of investments and expenses associated with the replacement new text end 159.5 new text begin of cast iron natural gas distribution and service lines owned by the utility and to replace new text end 159.6 new text begin breakers that contain sodium hexafluoride in order to reduce the risk of greenhouse gases new text end 159.7 new text begin being released into the atmosphere. Upon a finding that the projects are consistent with new text end 159.8 new text begin the public interest and do not impose excessive costs on customers, the commission shall new text end 159.9 new text begin provide timely recovery of the utility's investment and expenses on any approved projects new text end 159.10 new text begin through a rate adjustment mechanism similar to that provided for transmission projects new text end 159.11 new text begin under section 216B.16, subdivision 7b, paragraphs (b) to (d). new text end 159.12    Sec. 21. Minnesota Statutes 2006, section 216B.241, subdivision 6, is amended to read: 159.13    Subd. 6. Renewable energy research. (a) A public utility that owns a nuclear 159.14generation facility in the state shall spend five percent of the total amount that utility 159.15is required to spend under this section to support basic and applied research and 159.16demonstration activities at the University of Minnesota Initiative for Renewable Energy 159.17and the Environment for the development of renewable energy sources and technologies. 159.18The utility shall transfer the required amount to the University of Minnesota on or before 159.19July 1 of each year and that annual amount shall be deducted from the amount of money the 159.20utility is required to spend under this section. The University of Minnesota shall transfer 159.21at least ten percent of these funds to at least one rural campus or experiment station. 159.22    (b) Research new text begin Activities new text end funded under this subdivision shall new text begin may new text end include new text begin , but are new text end 159.23 new text begin not limited to new text end : 159.24    (1) development of environmentally sound production, distribution, and use of 159.25energy, chemicals, and materials from renewable sources; 159.26    (2) processing and utilization of agricultural and forestry plant products and other 159.27bio-based, renewable sources as a substitute for fossil-fuel-based energy, chemicals, and 159.28materials using a variety of means including biocatalysis, biorefining, and fermentation; 159.29    (3) conversion of state wind resources to hydrogen for energy storage and 159.30transportation to areas of energy demand; 159.31    (4) improvements in scalable hydrogen fuel cell technologies; and 159.32    (5) production of hydrogen from bio-based, renewable sources; and sequestration 159.33of carbon. 159.34     new text begin (1) environmentally sound production of energy from a renewable energy source new text end 159.35 new text begin including biomass; new text end 160.1     new text begin (2) environmentally sound production of hydrogen from biomass and any other new text end 160.2 new text begin renewable energy source for energy storage and energy utilization; new text end 160.3     new text begin (3) development of energy conservation and efficient energy utilization technologies; new text end 160.4     new text begin (4) energy storage technologies; and new text end 160.5     new text begin (5) analysis of policy options to facilitate adoption of technologies that use or new text end 160.6 new text begin produce low-carbon renewable energy. new text end 160.7    (c) Notwithstanding other law to the contrary, the utility may, but is not required to, 160.8spend more than two percent of its gross operating revenues from service provided in this 160.9state under this section or section 216B.2411. 160.10    (d) new text begin For the purposes of this subdivision: new text end 160.11     new text begin (1) "renewable energy source: means hydro, wind, solar, biomass and geothermal new text end 160.12 new text begin energy, and microorganisms used as an energy source; and new text end 160.13     new text begin (2) "biomass" means plant and animal material, agricultural and forest residues, new text end 160.14 new text begin mixed municipal solid waste, and sludge from wastewater treatment. new text end 160.15     new text begin (e) new text end This subdivision expires June 30, 2008 new text begin 2010 new text end . 160.16    Sec. 22. Minnesota Statutes 2006, section 216B.812, subdivision 2, is amended to read: 160.17    Subd. 2. Pilot projects. (a) In consultation with appropriate representatives from 160.18state agencies, local governments, universities, businesses, and other interested parties, 160.19the Department of Commerce shall report back to the legislature by November 1, 2005, 160.20and every two years thereafter, with a slate of proposed pilot projects that contribute to 160.21realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109. The 160.22Department of Commerce must consider the following nonexclusive list of priorities in 160.23developing the proposed slate of pilot projects: 160.24    (1) demonstrate new text begin deploy new text end "bridge" technologies such as hybrid-electric, off-road, and 160.25fleet vehicles running on hydrogen or fuels blended with hydrogen; 160.26    (2) develop new text begin lead to new text end cost-competitive, on-site new text begin renewable new text end hydrogen production 160.27technologies; 160.28    (3) demonstrate nonvehicle applications for hydrogen; 160.29    (4) improve the cost and efficiency of hydrogen from renewable energy sources; and 160.30    (5) improve the cost and efficiency of hydrogen production using direct solar energy 160.31without electricity generation as an intermediate step. 160.32    (b) For all demonstrations new text begin deployment projects that do not involve a demonstration new text end 160.33 new text begin component new text end , individual system components of the technology must new text begin should, if feasible, new text end meet 160.34commercial performance standards and systems modeling must be completed to predict 161.1commercial performance, risk, and synergies. In addition, the proposed pilots should meet 161.2as many of the following criteria as possible: 161.3    (1) advance energy security; 161.4    (2) capitalize on the state's native resources; 161.5    (3) result in economically competitive infrastructure being put in place; 161.6    (4) be located where it will link well with existing and related projects and be 161.7accessible to the public, now or in the future; 161.8    (5) demonstrate multiple, integrated aspects of new text begin renewable new text end hydrogen infrastructure; 161.9    (6) include an explicit public education and awareness component; 161.10    (7) be scalable to respond to changing circumstances and market demands; 161.11    (8) draw on firms and expertise within the state where possible; 161.12    (9) include an assessment of its economic, environmental, and social impact; and 161.13    (10) serve other needs beyond hydrogen development. 161.14    Sec. 23. new text begin [216B.813] MINNESOTA RENEWABLE HYDROGEN INITIATIVE. new text end 161.15     new text begin Subdivision 1. new text end new text begin Road map. new text end new text begin The Department of Commerce shall coordinate and new text end 161.16 new text begin administer directly or by contract the Minnesota renewable hydrogen initiative. If the new text end 161.17 new text begin department decides to contract for its duties under this section, it must contract with a new text end 161.18 new text begin nonpartisan, nonprofit organization within the state to develop the road map. The initiative new text end 161.19 new text begin may be run as a public-private partnership representing business, academic, governmental, new text end 161.20 new text begin and nongovernmental organizations. The initiative must oversee the development and new text end 161.21 new text begin implementation of a renewable hydrogen road map, including appropriate technology new text end 161.22 new text begin deployments, that achieve the hydrogen goal of section 216B.013. The road map should new text end 161.23 new text begin be compatible with the United States Department of Energy's National Hydrogen Energy new text end 161.24 new text begin Roadmap and be based on an assessment of marketplace economics and the state's new text end 161.25 new text begin opportunities in hydrogen, fuel cells, and related technologies, so as to capitalize on new text end 161.26 new text begin strengths. The road map should establish a vision, goals, general timeline, strategies for new text end 161.27 new text begin working with industry, and measurable milestones for achieving the state's renewable new text end 161.28 new text begin hydrogen goal. The road map should describe how renewable hydrogen and fuel cells fit new text end 161.29 new text begin in Minnesota's overall energy system, and should help foster a consistent, predictable, and new text end 161.30 new text begin prudent investment environment. The department must report to the legislature on the new text end 161.31 new text begin progress in implementing the road map by November 1 of each odd-numbered year. new text end 161.32     new text begin Subd. 2. new text end new text begin Grants. new text end new text begin (a) The commissioner of commerce shall operate a competitive new text end 161.33 new text begin grant program for projects to assist the state in attaining its renewable hydrogen energy new text end 161.34 new text begin goals. The commissioner of commerce shall assemble an advisory committee made up of new text end 161.35 new text begin industry, university, government, and nongovernment organizations to: new text end 162.1     new text begin (1) help identify the most promising technology deployment projects for public new text end 162.2 new text begin investment; new text end 162.3     new text begin (2) advise on the technical specifications for those projects; and new text end 162.4     new text begin (3) make recommendations on project grants. new text end 162.5     new text begin (b) The commissioner shall give preference to project concepts included in the new text end 162.6 new text begin department's most recent biennial report: Strategic Demonstration Projects to Accelerate new text end 162.7 new text begin the Commercialization of Renewable Hydrogen and Related Technologies in Minnesota. new text end 162.8 new text begin Projects eligible for funding must combine one or more of the hydrogen production new text end 162.9 new text begin options listed in the department's report with an end use that has significant commercial new text end 162.10 new text begin potential, preferably high visibility, and relies on fuel cells or related technologies. Each new text end 162.11 new text begin funded technology deployment must include an explicit education and awareness-raising new text end 162.12 new text begin component, be compatible with the renewable hydrogen deployment criteria defined in new text end 162.13 new text begin section 216B.812, and receive 50 percent of its total cost from nonstate sources. The 50 new text end 162.14 new text begin percent requirement does not apply for recipients that are public institutions. new text end 162.15    Sec. 24. Minnesota Statutes 2006, section 216C.051, subdivision 2, is amended to read: 162.16    Subd. 2. Establishment. (a) There is established a Legislative Electric Energy Task 162.17Force to study future electric energy sources and costs and to make recommendations 162.18for legislation for an environmentally and economically sustainable and advantageous 162.19electric energy supply. 162.20    (b) The task force consists of: 162.21    (1) ten members of the house of representatives including the chairs of the 162.22Environment and Natural Resources Committee and Regulated Industries Subcommittee new text begin new text end 162.23 new text begin the Energy Finance and Policy Division new text end and eight members to be appointed by the speaker 162.24of the house, four of whom must be from the minority caucus; and 162.25    (2) ten members of the senate including the chairs of the Environment new text begin , Energy new text end and 162.26Natural Resources new text begin Budget Division new text end and Jobs, Energy, and Community Development new text begin new text end 162.27 new text begin Utilities, Technology and Communications new text end committees and eight members to be appointed 162.28by the Subcommittee on Committees, four of whom must be from the minority caucus. 162.29    (c) The task force may employ staff, contract for consulting services, and may 162.30reimburse the expenses of persons requested to assist it in its duties other than state 162.31employees or employees of electric utilities. The director of the Legislative Coordinating 162.32Commission shall assist the task force in administrative matters. The task force shall 162.33elect cochairs, one member of the house and one member of the senate from among the 162.34committee and subcommittee chairs named to the committee. The task force members 163.1from the house shall elect the house cochair, and the task force members from the senate 163.2shall elect the senate cochair. 163.3    Sec. 25. Minnesota Statutes 2006, section 216C.051, subdivision 9, is amended to read: 163.4    Subd. 9. Expiration. This section is repealed June 30, 2007 new text begin 2010 new text end . 163.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 163.6    Sec. 26. Minnesota Statutes 2006, section 216C.052, is amended by adding a 163.7subdivision to read: 163.8     new text begin Subd. 8a. new text end new text begin Manitoba Hydro information. new text end new text begin By January 1, 2008, and each year new text end 163.9 new text begin thereafter, the task force shall request the Manitoba Hydro-Electric Board to provide new text end 163.10 new text begin the following information for each community that is a signatory to the Northern Flood new text end 163.11 new text begin Agreement, including South Indian Lake: new text end 163.12     new text begin (1) median household income and number of residents employed full time and new text end 163.13 new text begin part time; new text end 163.14     new text begin (2) the number of outstanding claims filed against Manitoba Hydro by individuals new text end 163.15 new text begin and communities and the number of claims settled by Manitoba Hydro; and new text end 163.16     new text begin (3) the amount of shoreline damaged by flooding and erosion and the amount of new text end 163.17 new text begin shoreline restored and cleaned. new text end 163.18     new text begin For the purposes of this subdivision, "Northern Flood Agreement" means the new text end 163.19 new text begin agreement entered into by the Northern Flood Committee, Incorporated, the Manitoba new text end 163.20 new text begin Hydro-Electric Board, the province of Manitoba, and the government of Canada on new text end 163.21 new text begin December 16, 1977. new text end 163.22    Sec. 27. new text begin [216C.385] CLEAN ENERGY RESOURCE TEAMS. new text end 163.23     new text begin Subdivision 1. new text end new text begin Findings. new text end new text begin The legislature finds that community-based energy new text end 163.24 new text begin programs are an effective means of implementing improved energy practices including new text end 163.25 new text begin conservation, greater efficiency in energy use, and the production and use of renewable new text end 163.26 new text begin resources such as wind, solar, biomass, and biofuels. Further, community-based energy new text end 163.27 new text begin programs are found to be a public purpose for which public money may be spent. new text end 163.28     new text begin Subd. 2. new text end new text begin Mission, organization, and membership. new text end new text begin The clean energy resource new text end 163.29 new text begin teams (CERT's) project is an innovative state, university, and nonprofit partnership that new text end 163.30 new text begin serves as a catalyst for community energy planning and projects. The mission of CERT's new text end 163.31 new text begin is to give citizens a voice in the energy planning process by connecting them with the new text end 163.32 new text begin necessary technical resources to identify and implement community-scale renewable new text end 163.33 new text begin energy and energy efficiency projects. In 2003, the Department of Commerce designated new text end 164.1 new text begin the CERT's project as a statewide collaborative venture and recognized six regional teams new text end 164.2 new text begin based on their geography: Central, Northeast, Northwest, Southeast, Southwest, and new text end 164.3 new text begin West-Central. Membership of CERT's may include but is not limited to representatives new text end 164.4 new text begin of utilities; federal, state, and local governments; small business; labor; senior citizens; new text end 164.5 new text begin academia; and other interested parties. The Department of Commerce may certify new text end 164.6 new text begin additional clean energy resource teams by regional geography, including teams in the Twin new text end 164.7 new text begin Cities metropolitan area. new text end 164.8     new text begin Subd. 3. new text end new text begin Powers and duties. new text end new text begin In order to develop and implement community-based new text end 164.9 new text begin energy programs, a clean energy resource team may: new text end 164.10     new text begin (1) analyze social and economic impacts caused by energy expenditures; new text end 164.11     new text begin (2) analyze regional renewable and energy efficiency resources and opportunities; new text end 164.12     new text begin (3) link community members and community energy projects to the knowledge new text end 164.13 new text begin and capabilities of the University of Minnesota, the State Energy Office, nonprofit new text end 164.14 new text begin organizations, and regional community members, among others; new text end 164.15     new text begin (4) plan, set priorities for, provide technical assistance to, and catalyze local energy new text end 164.16 new text begin efficiency and renewable energy projects that help to meet state energy policy goals and new text end 164.17 new text begin maximize local economic development opportunities; new text end 164.18     new text begin (5) provide a broad-based resource and communications network that links local, new text end 164.19 new text begin county, and regional energy efficiency and renewable energy project efforts around the new text end 164.20 new text begin state (both interregional and intraregional); new text end 164.21     new text begin (6) seek, accept, and disburse grants and other aids from public or private sources new text end 164.22 new text begin for purposes authorized in this subdivision; new text end 164.23     new text begin (7) provides a convening and networking function within CERT's regions to facilitate new text end 164.24 new text begin education, knowledge formation, and project replication; and new text end 164.25     new text begin (8) exercise other powers and duties imposed on it by statute, charter, or ordinance. new text end 164.26     new text begin Subd. 4. new text end new text begin Department assistance. new text end new text begin The commissioner, via the clean energy resource new text end 164.27 new text begin teams, may provide professional, technical, organizational, and financial assistance to new text end 164.28 new text begin regions and communities to develop and implement community energy programs and new text end 164.29 new text begin projects, within available resources. new text end 164.30    Sec. 28. new text begin [216C.39] RURAL WIND ENERGY DEVELOPMENT REVOLVING new text end 164.31 new text begin LOAN FUND. new text end 164.32     new text begin Subdivision 1. new text end new text begin Establishment. new text end new text begin A rural wind energy development revolving loan new text end 164.33 new text begin fund is established as an account in the special revenue fund in the state treasury. The new text end 164.34 new text begin commissioner of finance shall credit to the account the amounts authorized under this new text end 165.1 new text begin section and appropriations and transfers to the account. Earnings, such as interest, new text end 165.2 new text begin dividends, and any other earnings arising from fund assets, must be credited to the account. new text end 165.3     new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin The rural wind energy development revolving loan fund new text end 165.4 new text begin is created to provide financial assistance, through partnership with local owners and new text end 165.5 new text begin communities, in developing community wind energy projects that meet the specifications new text end 165.6 new text begin of section 216B.1612, subdivision 2, paragraph (f). new text end 165.7     new text begin Subd. 3. new text end new text begin Expenditures. new text end new text begin Money in the fund is appropriated to the commissioner new text end 165.8 new text begin of commerce, and may be used to make loans to qualifying owners of wind energy new text end 165.9 new text begin projects, as defined in section 216B.1612, subdivision 2, paragraph (f), to assist in funding new text end 165.10 new text begin wind studies and transmission interconnection studies. The loans must be structured new text end 165.11 new text begin for repayment within 30 days after the project begins commercial operations or two new text end 165.12 new text begin years from the date the loan is issued, whichever is sooner. The commissioner may pay new text end 165.13 new text begin reasonable and actual costs of administering the loan program, not to exceed interest new text end 165.14 new text begin earned on fund assets. new text end 165.15     new text begin Subd. 4. new text end new text begin Limitations. new text end new text begin A loan may not be approved for an amount exceeding new text end 165.16 new text begin $100,000. This limit applies to all money loaned to a single project or single entity, new text end 165.17 new text begin whether paid to one or more qualifying owners and whether paid in one or more fiscal new text end 165.18 new text begin years. new text end 165.19     new text begin Subd. 5. new text end new text begin Administration; eligible projects. new text end new text begin (a) Applications for a loan under new text end 165.20 new text begin this section must be made in a manner and on forms prescribed by the commissioner. new text end 165.21 new text begin Loans to eligible projects must be made in the order in which complete applications are new text end 165.22 new text begin received by the commissioner. Loan funds must be disbursed to an applicant within ten new text end 165.23 new text begin days of submission of a payment request by the applicant that demonstrates a payment new text end 165.24 new text begin due to the Midwest Independent System Operator. Interest payable on the loan amount new text end 165.25 new text begin may not exceed 1.5 percent per annum. new text end 165.26     new text begin (b) A project is eligible for a loan under this program if: new text end 165.27     new text begin (1) the project has completed an adequate interconnection feasibility study that new text end 165.28 new text begin indicates the project may be interconnected with system upgrades of less than ten percent new text end 165.29 new text begin of the estimated project costs; new text end 165.30     new text begin (2) the project has a signed power purchase agreement with an electric utility or new text end 165.31 new text begin provides evidence that the project is under serious consideration for such an agreement by new text end 165.32 new text begin an electric utility; new text end 165.33     new text begin (3) the ownership and structure of the project allows it to qualify as a new text end 165.34 new text begin community-based energy development (C-BED) project under section 216B.1612, and the new text end 165.35 new text begin developer commits to obtaining and maintaining C-BED status; and new text end 166.1     new text begin (4) the commissioner has determined that sufficient funds are available to make a new text end 166.2 new text begin loan to the project. new text end 166.3    Sec. 29. Minnesota Statutes 2006, section 216C.41, subdivision 3, is amended to read: 166.4    Subd. 3. Eligibility window. Payments may be made under this section only for new text begin : new text end 166.5     new text begin (a) new text end electricity generated new text begin from new text end : 166.6    (1) from a qualified hydroelectric facility that is operational and generating 166.7electricity before December 31, 2009; 166.8    (2) from a qualified wind energy conversion facility that is operational and 166.9generating electricity before January 1, 2008; or 166.10    (3) from a qualified on-farm biogas recovery facility from July 1, 2001, through 166.11December 31, 2017 new text begin ; and new text end 166.12     new text begin (b) gas generated from a qualified on-farm biogas recovery facility from July 1, new text end 166.13 new text begin 2007, through December 31, 2017 new text end . 166.14    Sec. 30. new text begin PETROLEUM VIOLATION ESCROW FUNDS. new text end 166.15     new text begin (a) Petroleum violation escrow funds appropriated to the commissioner of commerce new text end 166.16 new text begin by Laws 1988, chapter 686, article 1, section 38, for state energy loan programs for new text end 166.17 new text begin schools, hospitals, and public buildings must be used for grants to kindergarten through new text end 166.18 new text begin grade 12 schools to develop energy conservation or renewable energy projects. A grant new text end 166.19 new text begin may not exceed $500,000. The commissioner must endeavor to award grants throughout new text end 166.20 new text begin the regions of the state. No more than one grant may be awarded in a county, unless an new text end 166.21 new text begin insufficient number of applications is received from schools located in other counties to new text end 166.22 new text begin exhaust available funds. new text end 166.23     new text begin (b) The commissioner of commerce must petition the federal Department of Energy new text end 166.24 new text begin for a waiver from any federal regulation that limits the proportion of federal funds new text end 166.25 new text begin expended on state energy programs that may be spent on energy efficiency. new text end 166.26     new text begin (c) For purposes of this subdivision, "renewable energy" means wind, solar, new text end 166.27 new text begin hydroelectric with a capacity of less than 60 megawatts, geothermal, hydrogen, fuel cells new text end 166.28 new text begin made from renewable resources, herbaceous crops, agricultural crops, agricultural waste, new text end 166.29 new text begin and aquatic plant matter. new text end 166.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the commissioner of new text end 166.31 new text begin commerce receives the waiver described in paragraph (b). new text end 167.1    Sec. 31. new text begin UNIFORM CODES AND STANDARDS FOR HYDROGEN, FUEL new text end 167.2 new text begin CELLS, AND RELATED TECHNOLOGIES; RECOMMENDATIONS AND new text end 167.3 new text begin REPORT. new text end 167.4     new text begin (a) The commissioner of labor and industry, in consultation with the Department of new text end 167.5 new text begin Commerce and other relevant public and private interests, shall develop recommendations new text end 167.6 new text begin regarding the adoption of uniform codes and standards for hydrogen infrastructure, fuel new text end 167.7 new text begin cells, and related technologies, and report those recommendations to the legislature by new text end 167.8 new text begin December 31, 2008. new text end 167.9     new text begin (b) The goal of the recommendations is to have all regulatory jurisdictions in the new text end 167.10 new text begin state have the same safety standards with regard to the production, storage, transportation, new text end 167.11 new text begin distribution, and use of hydrogen, fuel cells, and related technologies. The commissioner's new text end 167.12 new text begin recommendations must, without limitation, include: new text end 167.13     new text begin (1) codes and standards that already exist for hydrogen, fuel cells, and related new text end 167.14 new text begin technologies, and how the state should formalize their use; new text end 167.15     new text begin (2) codes and standards still under development by various official standard-making new text end 167.16 new text begin bodies; new text end 167.17     new text begin (3) gaps between existing codes and standards, those under development, and those new text end 167.18 new text begin that may still be needed but are not yet being developed; new text end 167.19     new text begin (4) the need for, and estimated cost of, additional education and training for new text end 167.20 new text begin emergency management and code officials; new text end 167.21     new text begin (5) any changes needed to environmental and other permitting processes to new text end 167.22 new text begin accommodate the commercialization of hydrogen, fuel cells, and related technologies; and new text end 167.23     new text begin (6) recommendations on appropriate codes and standards for educational and new text end 167.24 new text begin research institutions. new text end 167.25    Sec. 32. new text begin HYDROGEN REFUELING STATION GRANTS. new text end 167.26     new text begin In addition to the purposes specified in Laws 2005, chapter 97, article 13, section new text end 167.27 new text begin 4, for which the commissioner of commerce may make grants, the commissioner may new text end 167.28 new text begin make grants under that law for the purpose of developing, deploying, and encouraging new text end 167.29 new text begin commercially promising renewable hydrogen production systems and hydrogen end new text end 167.30 new text begin uses in partnership with industry. The authority of the commissioner to make grants new text end 167.31 new text begin and assessments under Laws 2005, chapter 97, article 13, section 4, continues until the new text end 167.32 new text begin authorized grants and assessments are made. new text end 167.33    Sec. 33. new text begin OFF-SITE RENEWABLE DISTRIBUTED GENERATION. new text end 167.34     new text begin The commissioner of commerce shall convene a broad group of interested new text end 167.35 new text begin stakeholders to evaluate the feasibility and potential for the interconnection and parallel new text end 168.1 new text begin operation of off-site renewable distributed generation in a manner consistent with new text end 168.2 new text begin Minnesota Statutes, sections 216B.37 to 216B.43, and shall issue recommendations to new text end 168.3 new text begin the chairs of the house of representatives and senate committees with jurisdiction over new text end 168.4 new text begin energy issues by February 1, 2008. new text end 168.5    Sec. 34. new text begin DEFINITIONS. new text end 168.6     new text begin For purposes of sections 32 to 34, the following definitions apply: new text end 168.7     new text begin (1) "terrestrial carbon sequestration" means the long-term storage of carbon in soil new text end 168.8 new text begin and vegetation to prevent its collection in the atmosphere as carbon dioxide; and new text end 168.9     new text begin (2) "geologic carbon sequestration" means injecting carbon dioxide into underground new text end 168.10 new text begin geologic formations where it can be stored for long periods of time to prevent its escape new text end 168.11 new text begin to the atmosphere. new text end 168.12    Sec. 35. new text begin TERRESTRIAL CARBON SEQUESTRATION ACTIVITIES. new text end 168.13     new text begin Subdivision 1. new text end new text begin Study; scope. new text end new text begin The Board of Regents of the University of Minnesota new text end 168.14 new text begin is requested to conduct a study assessing the potential capacity for carbon sequestration in new text end 168.15 new text begin Minnesota's terrestrial systems. The study must: new text end 168.16     new text begin (1) conduct a statewide inventory and construct a database of lands across several new text end 168.17 new text begin land types, such as forests, agricultural lands, peatlands, and wetlands, that have the new text end 168.18 new text begin potential to sequester significant quantities of carbon and of lands that currently contain new text end 168.19 new text begin large stocks of carbon that are at risk of being emitted to the atmosphere as a result of new text end 168.20 new text begin changes in land use and climate; new text end 168.21     new text begin (2) quantify the ability of various land use practices, such as the growth of different new text end 168.22 new text begin species of crops, grasses, and trees, to sequester carbon and their impacts on other new text end 168.23 new text begin ecological services of value, including air and water quality, biodiversity, and wildlife new text end 168.24 new text begin habitat; new text end 168.25     new text begin (3) identify a network of benchmark monitoring sites to measure the impact of new text end 168.26 new text begin long-term, large-scale factors, such as changes in climate, carbon dioxide levels, and land new text end 168.27 new text begin use, on the terrestrial carbon sequestration capacity of various land types, to improve new text end 168.28 new text begin understanding of carbon-terrestrial interactions and dynamics; new text end 168.29     new text begin (4) identify long-term demonstration projects to measure the impact of deliberate new text end 168.30 new text begin sequestration practices, including the establishment of biofuel production systems, on new text end 168.31 new text begin forest, agricultural, wetland, and prairie ecosystems; and new text end 168.32     new text begin (5) evaluate current state policies and programs that affect the levels of terrestrial new text end 168.33 new text begin sequestration on public and private lands and identify gaps and recommend policy changes new text end 168.34 new text begin to increase sequestration rates. new text end 169.1     new text begin Subd. 2. new text end new text begin Coordination of terrestrial carbon sequestration activities. new text end new text begin Planning new text end 169.2 new text begin and implementation of the study described in subdivision 1 will be coordinated by new text end 169.3 new text begin the Minnesota Terrestrial Carbon Sequestration Initiative, a task force consisting of new text end 169.4 new text begin representatives from the University of Minnesota, the Department of Agriculture, the new text end 169.5 new text begin Board of Water and Soil Resources, the Department of Commerce, the Department new text end 169.6 new text begin of Natural Resources, and the Pollution Control Agency and agricultural, forestry, new text end 169.7 new text begin conservation, and business stakeholders. new text end 169.8     new text begin Subd. 3. new text end new text begin Contracting. new text end new text begin The University of Minnesota may contract with another new text end 169.9 new text begin party to perform any of the tasks listed in subdivision 1. new text end 169.10     new text begin Subd. 4. new text end new text begin Report. new text end new text begin The commissioner of natural resources must submit a report new text end 169.11 new text begin with the results of the study to the senate and house committees with jurisdiction over new text end 169.12 new text begin environmental and energy policies no later than February 1, 2008. new text end 169.13    Sec. 36. new text begin GEOLOGIC CARBON SEQUESTRATION ASSESSMENT. new text end 169.14     new text begin Subdivision 1. new text end new text begin Study; scope. new text end new text begin (a) The Minnesota Geological Survey shall conduct new text end 169.15 new text begin a study assessing the potential capacity for geologic carbon sequestration in the new text end 169.16 new text begin Midcontinent Rift system in Minnesota. The study must assess the potential of porous new text end 169.17 new text begin and permeable sandstone layers deeper than one kilometer below the surface that are new text end 169.18 new text begin capped by less permeable shale and must identify potential risks to carbon storage, such new text end 169.19 new text begin as areas of low permeability in injection zones, low storage capacity, and potential seal new text end 169.20 new text begin failure. The study must identify the most promising formations and geographic areas for new text end 169.21 new text begin physical analysis of carbon sequestration potential. The study must review geologic new text end 169.22 new text begin maps, published reports and surveys, and any relevant unpublished raw data with respect new text end 169.23 new text begin to attributes that are pertinent for the long-term sequestration of carbon in geologic new text end 169.24 new text begin formations, in particular, those that bear on formation injectivity, capacity, and seal new text end 169.25 new text begin effectiveness. The study must examine the following characteristics of key sedimentary new text end 169.26 new text begin units within the Midcontinent Rift system in Minnesota: new text end 169.27     new text begin (1) likely depth, temperature, and pressure; new text end 169.28     new text begin (2) physical properties, including the ability to contain and transmit fluids; new text end 169.29     new text begin (3) the type of rocks present; new text end 169.30     new text begin (4) structure and geometry, including folds and faults; and new text end 169.31     new text begin (5) hydrogeology, including water chemistry and water flow. new text end 169.32     new text begin (b) The commissioner of natural resources, in consultation with the Minnesota new text end 169.33 new text begin Geological Survey, shall contract for a study to estimate the properties of the Midcontinent new text end 169.34 new text begin Rift system in Minnesota, as described in paragraph (a), clauses (1) to (5), through the new text end 170.1 new text begin use of computer models developed for similar geologic formations located outside of new text end 170.2 new text begin Minnesota which have been studied in greater detail. new text end 170.3     new text begin Subd. 2. new text end new text begin Consultation. new text end new text begin The Minnesota Geological Survey shall consult with the new text end 170.4 new text begin Minnesota Mineral Coordinating Committee, established in Minnesota Statutes, section new text end 170.5 new text begin 93.0015, in planning and implementing the study design. new text end 170.6     new text begin Subd. 3. new text end new text begin Report. new text end new text begin The commissioner of natural resources must submit a report new text end 170.7 new text begin with the results of the study to the senate and house committees with jurisdiction over new text end 170.8 new text begin environmental and energy policies no later than February 1, 2008. new text end 170.9    Sec. 37. new text begin ST. PAUL PORT AUTHORITY. new text end 170.10     new text begin Notwithstanding Minnesota Statutes, section 465.717, the St. Paul Port Authority new text end 170.11 new text begin may create a not-for-profit corporation for purposes of owning or operating, or both, a new text end 170.12 new text begin steam and electricity producing facility to be located in St. Paul that uses primarily fuel new text end 170.13 new text begin from an eligible energy technology as defined in Minnesota Statutes, section 216B.1691, new text end 170.14 new text begin subdivision 1, except that it does not include mixed municipal solid waste as an eligible new text end 170.15 new text begin energy technology. Steam produced by the facility may be used by a customer in a paper new text end 170.16 new text begin recycling operation. Nothing in this section authorizes or prohibits the retail sale of energy new text end 170.17 new text begin produced by the facility to other retail customers. new text end 170.18    Sec. 38. new text begin BIOFUEL PERMITTING REPORT. new text end 170.19     new text begin By January 15, 2008, the Pollution Control Agency, the commissioner of natural new text end 170.20 new text begin resources, and the Environmental Quality Board shall report to the house of representatives new text end 170.21 new text begin and senate committees and divisions with jurisdiction over agriculture and environment new text end 170.22 new text begin policy and budget on the process to issue permits for biofuel production facilities. The new text end 170.23 new text begin report shall include: new text end 170.24     new text begin (1) information on the timing of the permits and measures taken to improve the new text end 170.25 new text begin timing of the permitting process; new text end 170.26     new text begin (2) recommended changes to statutes, rules, procedures, or fees to improve the new text end 170.27 new text begin biofuel facility permitting process and reduce the groundwater needed for production; and new text end 170.28     new text begin (3) other information or analysis that may be helpful in understanding or improving new text end 170.29 new text begin the biofuel production facility permitting process. new text end 170.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 170.31    Sec. 39. new text begin WINONA COUNTY; ELECTRIC POWER PLANT. new text end 170.32     new text begin The county of Winona may own, construct, acquire, purchase, issue bonds and new text end 170.33 new text begin certificates of indebtedness for, maintain, and operate a wind energy conversion system, or new text end 171.1 new text begin a portion of a wind energy conversion system, within its corporate limits, and may sell the new text end 171.2 new text begin output from that facility at wholesale on such terms and conditions as the county board new text end 171.3 new text begin deems is in the best interests of the public. With respect to any wind energy conversion new text end 171.4 new text begin system, or any portion of a wind energy conversion system, the county may exercise the new text end 171.5 new text begin powers granted to a municipal power agency and to a city under Minnesota Statutes, new text end 171.6 new text begin sections 453.52, subdivisions 1, 6, 7, and 9 to 13; 453.54, subdivisions 1, 2, 4 to 6, 10, 11, new text end 171.7 new text begin 14, 15, and 17 to 21; 453.55; 453.57; 453.58, subdivisions 2, 3, and 4; 453.59; 453.60; new text end 171.8 new text begin 453.61; and 453.62, except that output from that wind energy conversion system may not new text end 171.9 new text begin be sold or distributed at retail or provided for end use by the county. Minnesota Statutes, new text end 171.10 new text begin section 453.58, subdivision 3, does not give the county the authority to enter into contracts new text end 171.11 new text begin with a municipal power agency for the purchase, sale, exchange, or transmission of new text end 171.12 new text begin electric energy and other services. new text end 171.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the governing body of new text end 171.14 new text begin the county of Winona and its chief clerical officer comply with Minnesota Statutes, section new text end 171.15 new text begin 645.021, subdivisions 2 and 3. new text end 171.16    Sec. 40. new text begin APPLICATION OF RULES. new text end 171.17     new text begin Minnesota Rules, parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; 7831.0500; new text end 171.18 new text begin 7831.0600; 7831.0700; and 7831.0800, do not apply to a general rate case for a gas new text end 171.19 new text begin or electric utility held before the commission. The Public Utilities Commission shall new text end 171.20 new text begin timely adopt rules to conform with this section and Minnesota Statutes, section 216B.16, new text end 171.21 new text begin subdivision 10, as amended by this act, under the exempt rule procedures of Minnesota new text end 171.22 new text begin Statutes, section 14.388, subdivision 1, clause (3). new text end 171.23    Sec. 41. new text begin REVISOR'S INSTRUCTION. new text end 171.24     new text begin The revisor of statutes must change the reference from "216B.095" to "216B.096" new text end 171.25 new text begin wherever found in Minnesota Rules, chapter 7820. new text end 171.26    Sec. 42. new text begin REPEALER. new text end 171.27 new text begin (a) new text end new text begin Minnesota Statutes 2006, section 216B.095, new text end new text begin is repealed. new text end 171.28 new text begin (b) new text end new text begin Minnesota Rules, parts 7820.1500; 7820.1600; 7820.1700; 7820.1750; new text end 171.29 new text begin 7820.1800; 7820.1900; 7820.2000; 7820.2100; 7820.2150; 7820.2200; and 7820.2300, new text end new text begin new text end 171.30 new text begin are repealed. new text end 171.31    Sec. 43. new text begin EFFECTIVE DATE. new text end 171.32     new text begin Sections 13, 39, and 40 are effective September 1, 2008. new text end 172.1ARTICLE 3 172.2COMMERCE 172.3    Section 1. Minnesota Statutes 2006, section 13.712, is amended by adding a 172.4subdivision to read: 172.5     new text begin Subd. 3. new text end new text begin Vehicle protection product warrantors. new text end new text begin Financial information provided new text end 172.6 new text begin to the commissioner of commerce by vehicle protection product warrantors is classified new text end 172.7 new text begin under section 59C.05, subdivision 3. new text end 172.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 172.9    Sec. 2. Minnesota Statutes 2006, section 45.011, subdivision 1, is amended to read: 172.10    Subdivision 1. Scope. As used in chapters 45 to 83, 155A, 332, new text begin 332A, new text end 345, and 172.11359, and sections 325D.30 to 325D.42, 326.83 to 326.991, and 386.61 to 386.78, unless 172.12the context indicates otherwise, the terms defined in this section have the meanings given 172.13them. 172.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 172.15    Sec. 3. new text begin [45.24] LICENSE TECHNOLOGY FEES. new text end 172.16     new text begin (a) The commissioner may establish and maintain an electronic licensing database new text end 172.17 new text begin system for license origination, renewal, and tracking the completion of continuing new text end 172.18 new text begin education requirements by individual licensees who have continuing education new text end 172.19 new text begin requirements, and other related purposes. new text end 172.20     new text begin (b) The commissioner shall pay for the cost of operating and maintaining the new text end 172.21 new text begin electronic database system described in paragraph (a) through a technology surcharge new text end 172.22 new text begin imposed upon the fee for license origination and renewal, for individual licenses that new text end 172.23 new text begin require continuing education. new text end 172.24     new text begin (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year new text end 172.25 new text begin licensing period, except as otherwise provided in paragraph (f), and shall be payable at the new text end 172.26 new text begin time of license origination and renewal. new text end 172.27     new text begin (d) The Commerce Department technology account is hereby created as an account new text end 172.28 new text begin in the special revenue fund. new text end 172.29     new text begin (e) The commissioner shall deposit the surcharge permitted under this section in new text end 172.30 new text begin the account created in paragraph (d), and funds in the account are appropriated to the new text end 172.31 new text begin commissioner in the amounts needed for purposes of this section. new text end 172.32     new text begin (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary new text end 172.33 new text begin if the balance in the account created in paragraph (d) exceeds $2,000,000 as of the end of new text end 173.1 new text begin any calendar year and shall increase or decrease the surcharge as necessary to keep the new text end 173.2 new text begin fund balance at an adequate level but not in excess of $2,000,000. new text end 173.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 173.4    Sec. 4. Minnesota Statutes 2006, section 46.04, subdivision 1, is amended to read: 173.5    Subdivision 1. General. The commissioner of commerce, referred to in chapters 173.646 to 59A, and sections to new text begin chapter 332A new text end , as the commissioner, is vested 173.7with all the powers, authority, and privileges which, prior to the enactment of Laws 1909, 173.8chapter 201, were conferred by law upon the public examiner, and shall take over all 173.9duties in relation to state banks, savings banks, trust companies, savings associations, and 173.10other financial institutions within the state which, prior to the enactment of chapter 201, 173.11were imposed upon the public examiner. The commissioner of commerce shall exercise 173.12a constant supervision, either personally or through the examiners herein provided for, 173.13over the books and affairs of all state banks, savings banks, trust companies, savings 173.14associations, credit unions, industrial loan and thrift companies, and other financial 173.15institutions doing business within this state; and shall, through examiners, examine each 173.16financial institution at least once every 24 calendar months. In satisfying this examination 173.17requirement, the commissioner may accept reports of examination prepared by a federal 173.18agency having comparable supervisory powers and examination procedures. With the 173.19exception of industrial loan and thrift companies which do not have deposit liabilities 173.20and licensed regulated lenders, it shall be the principal purpose of these examinations to 173.21inspect and verify the assets and liabilities of each and so far investigate the character 173.22and value of the assets of each institution as to determine with reasonable certainty that 173.23the values are correctly carried on its books. Assets and liabilities shall be verified in 173.24accordance with methods of procedure which the commissioner may determine to be 173.25adequate to carry out the intentions of this section. It shall be the further purpose of 173.26these examinations to assess the adequacy of capital protection and the capacity of the 173.27institution to meet usual and reasonably anticipated deposit withdrawals and other cash 173.28commitments without resorting to excessive borrowing or sale of assets at a significant 173.29loss, and to investigate each institution's compliance with applicable laws and rules. Based 173.30on the examination findings, the commissioner shall make a determination as to whether 173.31the institution is being operated in a safe and sound manner. None of the above provisions 173.32limits the commissioner in making additional examinations as deemed necessary or 173.33advisable. The commissioner shall investigate the methods of operation and conduct of 173.34these institutions and their systems of accounting, to ascertain whether these methods and 173.35systems are in accordance with law and sound banking principles. The commissioner may 174.1make requirements as to records as deemed necessary to facilitate the carrying out of the 174.2commissioner's duties and to properly protect the public interest. The commissioner may 174.3examine, or cause to be examined by these examiners, on oath, any officer, director, 174.4trustee, owner, agent, clerk, customer, or depositor of any financial institution touching 174.5the affairs and business thereof, and may issue, or cause to be issued by the examiners, 174.6subpoenas, and administer, or cause to be administered by the examiners, oaths. In 174.7case of any refusal to obey any subpoena issued under the commissioner's direction, 174.8the refusal may at once be reported to the district court of the district in which the bank 174.9or other financial institution is located, and this court shall enforce obedience to these 174.10subpoenas in the manner provided by law for enforcing obedience to subpoenas of the 174.11court. In all matters relating to official duties, the commissioner of commerce has the 174.12power possessed by courts of law to issue subpoenas and cause them to be served and 174.13enforced, and all officers, directors, trustees, and employees of state banks, savings banks, 174.14trust companies, savings associations, and other financial institutions within the state, 174.15and all persons having dealings with or knowledge of the affairs or methods of these 174.16institutions, shall afford reasonable facilities for these examinations, make returns and 174.17reports to the commissioner of commerce as the commissioner may require; attend and 174.18answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books, 174.19accounts, documents, and property as the commissioner may desire to inspect, and in all 174.20things aid the commissioner in the performance of duties. 174.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 174.22    Sec. 5. Minnesota Statutes 2006, section 46.05, is amended to read: 174.2346.05 SUPERVISION OVER FINANCIAL INSTITUTIONS. 174.24    Every state bank, savings bank, trust company, savings association, new text begin debt new text end 174.25 new text begin management services provider, new text end and other financial institutions shall be at all times under 174.26the supervision and subject to the control of the commissioner of commerce. If, and 174.27whenever in the performance of duties, the commissioner finds it necessary to make a 174.28special investigation of any financial institution under the commissioner's supervision, 174.29and other than a complete examination, the commissioner shall make a charge therefor to 174.30include only the necessary costs thereof. Such a fee shall be payable to the commissioner 174.31on the commissioner's making a request for payment. 174.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 174.33    Sec. 6. Minnesota Statutes 2006, section 46.131, subdivision 2, is amended to read: 175.1    Subd. 2. Assessment authority. Each bank, trust company, savings bank, savings 175.2association, regulated lender, industrial loan and thrift company, credit union, motor 175.3vehicle sales finance company, debt prorating agency new text begin management services provider new text end and 175.4insurance premium finance company organized under the laws of this state or required 175.5to be administered by the commissioner of commerce shall pay into the state treasury its 175.6proportionate share of the cost of maintaining the Department of Commerce. 175.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 175.8    Sec. 7. Minnesota Statutes 2006, section 47.19, is amended to read: 175.947.19 CORPORATION MAY BE MEMBER OR STOCKHOLDER OF 175.10FEDERAL AGENCY. 175.11    Any corporation is hereby empowered and authorized to become a member of, 175.12or stockholder in, any such agency, and to that end to purchase stock in, or securities 175.13of, or deposit money with, such agency and/or to comply with any other conditions of 175.14membership or credit; to borrow money from such agency upon such rates of interest, not 175.15exceeding the contract rate of interest in this state, and upon such terms and conditions 175.16as may be agreed upon by such corporation and such agency, for the purpose of making 175.17loans, paying withdrawals, paying maturities, paying debts, and for any other purpose not 175.18inconsistent with the objects of the corporation; provided, that the aggregate amount of the 175.19indebtedness, so incurred by such corporation, which shall be outstanding at any time shall 175.20not exceed 25 new text begin 35 new text end percent of the then total assets of the corporation; to assign, pledge and 175.21hypothecate its bonds, mortgages or other assets; and, in case of savings associations, to 175.22repledge with such agency the shares of stock in such association which any owner thereof 175.23may have pledged as collateral security, without obtaining the consent thereunto of such 175.24owner, as security for the repayment of the indebtedness so created by such corporation 175.25and as evidenced by its note or other evidence of indebtedness given for such borrowed 175.26money; and to do any and all things which shall or may be necessary or convenient in 175.27order to comply with and to obtain the benefits of the provisions of any act of Congress 175.28creating such agency, or any amendments thereto. 175.29    Sec. 8. Minnesota Statutes 2006, section 47.59, subdivision 6, is amended to read: 175.30    Subd. 6. Additional charges. (a) For purposes of this subdivision, "financial 175.31institution" includes a person described in subdivision 4, paragraph (a). In addition to the 175.32finance charges permitted by this section, a financial institution may contract for and 175.33receive the following additional charges that may be included in the principal amount 175.34of the loan or credit sale unpaid balances: 176.1    (1) official fees and taxes; 176.2    (2) charges for insurance as described in paragraph (b); 176.3    (3) with respect to a loan or credit sale contract secured by real estate, the following 176.4"closing costs," if they are bona fide, reasonable in amount, and not for the purpose of 176.5circumvention or evasion of this section: 176.6    (i) fees or premiums for title examination, abstract of title, title insurance, surveys, 176.7or similar purposes; 176.8    (ii) fees for preparation of a deed, mortgage, settlement statement, or other 176.9documents, if not paid to the financial institution; 176.10    (iii) escrows for future payments of taxes, including assessments for improvements, 176.11insurance, and water, sewer, and land rents; 176.12    (iv) fees for notarizing deeds and other documents; 176.13    (v) appraisal and credit report fees; and 176.14    (vi) fees for determining whether any portion of the property is located in a flood 176.15zone and fees for ongoing monitoring of the property to determine changes, if any, 176.16in flood zone status; 176.17    (4) a delinquency charge on a payment, including the minimum payment due in 176.18connection with open-end credit, not paid in full on or before the tenth day after its due 176.19date in an amount not to exceed five percent of the amount of the payment or $5.20, 176.20whichever is greater; 176.21    (5) for a returned check or returned automatic payment withdrawal request, an 176.22amount not in excess of the service charge limitation in section 604.113 new text begin , except that, on new text end 176.23 new text begin a loan transaction that is a consumer small loan as defined in section 47.60, subdivision new text end 176.24 new text begin 1, paragraph (a), in which cash is advanced in exchange for a personal check, the civil new text end 176.25 new text begin penalty provisions of section 604.113, subdivision 2, paragraph (b), may not be demanded new text end 176.26 new text begin or assessed against the borrower new text end ; and 176.27    (6) charges for other benefits, including insurance, conferred on the borrower that 176.28are of a type that is not for credit. 176.29    (b) An additional charge may be made for insurance written in connection with the 176.30loan or credit sale contract, which may be included in the principal amount of the loan or 176.31credit sale unpaid balances: 176.32    (1) with respect to insurance against loss of or damage to property, or against 176.33liability arising out of the ownership or use of property, if the financial institution furnishes 176.34a clear, conspicuous, and specific statement in writing to the borrower setting forth the 176.35cost of the insurance if obtained from or through the financial institution and stating that 176.36the borrower may choose the person through whom the insurance is to be obtained; 177.1    (2) with respect to credit insurance or mortgage insurance providing life, accident, 177.2health, or unemployment coverage, if the insurance coverage is not required by the 177.3financial institution, and this fact is clearly and conspicuously disclosed in writing to 177.4the borrower, and the borrower gives specific, dated, and separately signed affirmative 177.5written indication of the borrower's desire to do so after written disclosure to the borrower 177.6of the cost of the insurance; and 177.7    (3) with respect to the vendor's single interest insurance, but only (i) to the extent 177.8that the insurer has no right of subrogation against the borrower; and (ii) to the extent that 177.9the insurance does not duplicate the coverage of other insurance under which loss is 177.10payable to the financial institution as its interest may appear, against loss of or damage 177.11to property for which a separate charge is made to the borrower according to clause (1); 177.12and (iii) if a clear, conspicuous, and specific statement in writing is furnished by the 177.13financial institution to the borrower setting forth the cost of the insurance if obtained from 177.14or through the financial institution and stating that the borrower may choose the person 177.15through whom the insurance is to be obtained. 177.16    (c) In addition to the finance charges and other additional charges permitted by 177.17this section, a financial institution may contract for and receive the following additional 177.18charges in connection with open-end credit, which may be included in the principal 177.19amount of the loan or balance upon which the finance charge is computed: 177.20    (1) annual charges, not to exceed $50 per annum, payable in advance, for the 177.21privilege of opening and maintaining open-end credit; 177.22    (2) charges for the use of an automated teller machine; 177.23    (3) charges for any monthly or other periodic payment period in which the borrower 177.24has exceeded or, except for the financial institution's dishonor would have exceeded, 177.25the maximum approved credit limit, in an amount not in excess of the service charge 177.26permitted in section 604.113; 177.27    (4) charges for obtaining a cash advance in an amount not to exceed the service 177.28charge permitted in section 604.113; and 177.29    (5) charges for check and draft copies and for the replacement of lost or stolen 177.30credit cards. 177.31    (d) In addition to the finance charges and other additional charges permitted by this 177.32section, a financial institution may contract for and receive a onetime loan administrative 177.33fee not exceeding $25 in connection with closed-end credit, which may be included in the 177.34principal balance upon which the finance charge is computed. This paragraph applies only 177.35to closed-end credit in an original principal amount of $4,320 or less. The determination 178.1of an original principal amount must exclude the administrative fee contracted for and 178.2received according to this paragraph. 178.3    Sec. 9. Minnesota Statutes 2006, section 47.60, subdivision 2, is amended to read: 178.4    Subd. 2. Authorization, terms, conditions, and prohibitions. (a) In lieu of the 178.5interest, finance charges, or fees in any other law, a consumer small loan lender may 178.6charge the following: 178.7    (1) on any amount up to and including $50, a charge of $5.50 may be added; 178.8    (2) on amounts in excess of $50, but not more than $100, a charge may be added 178.9equal to ten percent of the loan proceeds plus a $5 administrative fee; 178.10    (3) on amounts in excess of $100, but not more than $250, a charge may be 178.11added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5 178.12administrative fee; 178.13    (4) for amounts in excess of $250 and not greater than the maximum in subdivision 178.141, paragraph (a), a charge may be added equal to six percent of the loan proceeds with a 178.15minimum of $17.50 plus a $5 administrative fee. 178.16    (b) The term of a loan made under this section shall be for no more than 30 calendar 178.17days. 178.18    (c) After maturity, the contract rate must not exceed 2.75 percent per month of the 178.19remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly 178.20rate in the contract for each calendar day the balance is outstanding. 178.21    (d) No insurance charges or other charges must be permitted to be charged, collected, 178.22or imposed on a consumer small loan except as authorized in this section. 178.23    (e) On a loan transaction in which cash is advanced in exchange for a personal 178.24check, a return check charge may be charged as authorized by section 604.113, subdivision 178.252 , paragraph (a). new text begin The civil penalty provisions of section 604.113, subdivision 2, paragraph new text end 178.26 new text begin (b), may not be demanded or assessed against the borrower. new text end 178.27    (f) A loan made under this section must not be repaid by the proceeds of another 178.28loan made under this section by the same lender or related interest. The proceeds from a 178.29loan made under this section must not be applied to another loan from the same lender or 178.30related interest. No loan to a single borrower made pursuant to this section shall be split or 178.31divided and no single borrower shall have outstanding more than one loan with the result 178.32of collecting a higher charge than permitted by this section or in an aggregate amount of 178.33principal exceed at any one time the maximum of $350. 178.34    Sec. 10. Minnesota Statutes 2006, section 47.62, subdivision 1, is amended to read: 179.1    Subdivision 1. General authority. Any person may establish and maintain one 179.2or more electronic financial terminals. Any financial institution may provide for its 179.3customers the use of an electronic financial terminal by entering into an agreement with 179.4any person who has established and maintains one or more electronic financial terminals if 179.5that person authorizes use of the electronic financial terminal to all financial institutions 179.6on a nondiscriminatory basis pursuant to section 47.64. Electronic financial terminals to 179.7be established and maintained in this state by financial institutions located in states other 179.8than Minnesota must file a notification to the commissioner as required in this section. 179.9The notification may be in the form lawfully required by the state regulator responsible 179.10for the examination and supervision of that financial institution. If there is no such 179.11requirement, then notification must be in the form required by this section for Minnesota 179.12financial institutions. 179.13    Sec. 11. Minnesota Statutes 2006, section 47.75, subdivision 1, is amended to read: 179.14    Subdivision 1. Retirement, health savings, and medical savings accounts. (a) A 179.15commercial bank, savings bank, savings association, credit union, or industrial loan and 179.16thrift company may act as trustee or custodian: 179.17    (1) under the Federal Self-Employed Individual Tax Retirement Act of 1962, as 179.18amended; 179.19    (2) of a medical savings account under the Federal Health Insurance Portability and 179.20Accountability Act of 1996, as amended; 179.21    (3) of a health savings account under the Medicare Prescription Drug, Improvement, 179.22and Modernization Act of 2003, as amended; and 179.23    (4) under the Federal Employee Retirement Income Security Act of 1974, as 179.24amended. 179.25    (b) The trustee or custodian may accept the trust funds if the funds are invested 179.26only in savings accounts or time deposits in the commercial bank, savings bank, savings 179.27association, credit union, or industrial loan and thrift company new text begin , except that health savings new text end 179.28 new text begin accounts may also be invested in transaction accounts. Health savings accounts invested in new text end 179.29 new text begin transaction accounts shall not be subject to the restrictions in section 48.512, subdivision new text end 179.30 new text begin 3 new text end . All funds held in the fiduciary capacity may be commingled by the financial institution 179.31in the conduct of its business, but individual records shall be maintained by the fiduciary 179.32for each participant and shall show in detail all transactions engaged under authority 179.33of this subdivision. 179.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 180.1    Sec. 12. Minnesota Statutes 2006, section 48.15, subdivision 4, is amended to read: 180.2    Subd. 4. Retirement, health savings, and medical savings accounts. (a) A state 180.3bank may act as trustee or custodian: 180.4    (1) of a self-employed retirement plan under the Federal Self-Employed Individual 180.5Tax Retirement Act of 1962, as amended; 180.6    (2) of a medical savings account under the Federal Health Insurance Portability and 180.7Accountability Act of 1996, as amended; 180.8    (3) of a health savings account under the Medicare Prescription Drug, Improvement, 180.9and Modernization Act of 2003, as amended; and 180.10    (4) of an individual retirement account under the Federal Employee Retirement 180.11Income Security Act of 1974, as amended, if the bank's duties as trustee or custodian are 180.12essentially ministerial or custodial in nature and the funds are invested only (i) in the 180.13bank's own savings or time deposits new text begin , except that health savings accounts may also be new text end 180.14 new text begin invested in transaction accounts. Health savings accounts invested in transaction accounts new text end 180.15 new text begin shall not be subject to the restrictions in section 48.512, subdivision 3 new text end ; or (ii) in any 180.16other assets at the direction of the customer if the bank does not exercise any investment 180.17discretion, invest the funds in collective investment funds administered by it, or provide 180.18any investment advice with respect to those account assets. 180.19    (b) Affiliated discount brokers may be utilized by the bank acting as trustee or 180.20custodian for self-directed IRAs, if specifically authorized and directed in appropriate 180.21documents. The relationship between the affiliated broker and the bank must be fully 180.22disclosed. Brokerage commissions to be charged to the IRA by the affiliated broker should 180.23be accurately disclosed. Provisions should be made for disclosure of any changes in 180.24commission rates prior to their becoming effective. The affiliated broker may not provide 180.25investment advice to the customer. 180.26    (c) All funds held in the fiduciary capacity may be commingled by the financial 180.27institution in the conduct of its business, but individual records shall be maintained by 180.28the fiduciary for each participant and shall show in detail all transactions engaged under 180.29authority of this subdivision. 180.30    (d) The authority granted by this section is in addition to, and not limited by, section 180.3147.75 . 180.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 180.33    Sec. 13. Minnesota Statutes 2006, section 58.04, subdivision 1, is amended to read: 180.34    Subdivision 1. Residential mortgage originator licensing requirements. (a) 180.35Beginning August 1, 1999, No person shall act as a residential mortgage originator, or 181.1make residential mortgage loans without first obtaining a license from the commissioner 181.2according to the licensing procedures provided in this chapter. 181.3    (b) new text begin A licensee must be either a partnership, limited liability partnership, association, new text end 181.4 new text begin limited liability company, corporation, or other form of business organization, and must new text end 181.5 new text begin have and maintain at all times one of the following: approval as a mortgagee by either the new text end 181.6 new text begin federal Department of Housing and Urban Development or the Federal National Mortgage new text end 181.7 new text begin Association; a minimum net worth, net of intangibles, of at least $250,000; or a surety new text end 181.8 new text begin bond or irrevocable letter of credit in the amount of $50,000. Net worth, net of intangibles, new text end 181.9 new text begin must be calculated in accordance with generally accepted accounting principles. new text end 181.10     new text begin (c) new text end The following persons are exempt from the residential mortgage originator 181.11licensing requirements: 181.12    (1) an employee of one mortgage originator licensee or one person holding a 181.13certificate of exemption; 181.14    (2) a person licensed as a real estate broker under chapter 82 who is not licensed to 181.15another real estate broker; 181.16    (3) an individual real estate licensee who is licensed to a real estate broker as 181.17described in clause (2) if: 181.18    (i) the individual licensee acts only under the name, authority, and supervision of the 181.19broker to whom the licensee is licensed; 181.20    (ii) the broker to whom the licensee is licensed obtains a certificate of exemption 181.21according to section 58.05, subdivision 2; 181.22    (iii) the broker does not collect an advance fee for its residential mortgage-related 181.23activities; and 181.24    (iv) the residential mortgage origination activities are incidental to the real estate 181.25licensee's primary activities as a real estate broker or salesperson; 181.26    (4) an individual licensed as a property/casualty or life/health insurance agent under 181.27chapter 60K if: 181.28    (i) the insurance agent acts on behalf of only one residential mortgage originator, 181.29which is in compliance with chapter 58; 181.30    (ii) the insurance agent has entered into a written contract with the mortgage 181.31originator under the terms of which the mortgage originator agrees to accept responsibility 181.32for the insurance agent's residential mortgage-related activities; 181.33    (iii) the insurance agent obtains a certificate of exemption under section 58.05, 181.34subdivision 2 ; and 181.35    (iv) the insurance agent does not collect an advance fee for the insurance agent's 181.36residential mortgage-related activities; 182.1    (5) new text begin (1) new text end a person who is not in the business of making residential mortgage loans and 182.2who makes no more than three such loans, with its own funds, during any 12-month period; 182.3    (6) new text begin (2) new text end a financial institution as defined in section 58.02, subdivision 10; 182.4    (7) new text begin (3) new text end an agency of the federal government, or of a state or municipal government; 182.5    (8) new text begin (4) new text end an employee or employer pension plan making loans only to its participants; 182.6    (9) new text begin (5) new text end a person acting in a fiduciary capacity, such as a trustee or receiver, as a result 182.7of a specific order issued by a court of competent jurisdiction; or 182.8    (10) new text begin (6) new text end a person exempted by order of the commissioner. 182.9    Sec. 14. Minnesota Statutes 2006, section 58.05, is amended to read: 182.1058.05 EXEMPTIONS FROM LICENSE. 182.11    Subdivision 1. Exempt person. An exempt person as defined by section 58.04, 182.12subdivision 1 , paragraph (b) new text begin (c) new text end , and subdivision 2, paragraph (b), is exempt from the 182.13licensing requirements of this chapter, but is subject to all other provisions of this chapter. 182.14    Subd. 3. Certificate of exemption. A person must obtain a certificate of exemption 182.15from the commissioner to qualify as an exempt person under section 58.04, subdivision 182.161 , paragraph (b) new text begin (c) new text end , as a real estate broker under clause (2), an insurance agent under 182.17clause (4), a financial institution under clause (6) new text begin (2) new text end , or by order of the commissioner 182.18under clause (10) new text begin (6) new text end ; or under section 58.04, subdivision 2, paragraph (b), as a financial 182.19institution under clause (4) new text begin (3) new text end , or by order of the commissioner under clause (8) new text begin (7) new text end . 182.20    Sec. 15. Minnesota Statutes 2006, section 58.06, subdivision 2, is amended to read: 182.21    Subd. 2. Application contents. new text begin (a) new text end The application must contain the name and 182.22complete business address or addresses of the license applicant. If The license applicant is new text begin new text end 182.23 new text begin must be new text end a partnership, limited liability partnership, association, limited liability company, 182.24corporation, or other form of business organization, new text begin and new text end the application must contain the 182.25names and complete business addresses of each partner, member, director, and principal 182.26officer. The application must also include a description of the activities of the license 182.27applicant, in the detail and for the periods the commissioner may require. 182.28     new text begin (b) An applicant must submit one of the following: new text end 182.29     new text begin (1) evidence which shows, to the commissioner's satisfaction, that either the federal new text end 182.30 new text begin Department of Housing and Urban Development or the Federal National Mortgage new text end 182.31 new text begin Association has approved the applicant as a mortgagee; new text end 182.32     new text begin (2) a surety bond or irrevocable letter of credit in the amount of not less than new text end 182.33 new text begin $50,000 in a form approved by the commissioner, issued by an insurance company or bank new text end 182.34 new text begin authorized to do so in this state. The bond or irrevocable letter of credit must be available new text end 183.1 new text begin for the recovery of expenses, fines, and fees levied by the commissioner under this chapter new text end 183.2 new text begin and for losses incurred by borrowers. The bond or letter of credit must be submitted with new text end 183.3 new text begin the license application, and evidence of continued coverage must be submitted with each new text end 183.4 new text begin renewal. Any change in the bond or letter of credit must be submitted for approval by the new text end 183.5 new text begin commissioner within ten days of its execution; or new text end 183.6     new text begin (3) a copy of the applicant's most recent audited financial statement, including new text end 183.7 new text begin balance sheet, statement of income or loss, statements of changes in shareholder equity, new text end 183.8 new text begin and statement of changes in financial position. Financial statements must be as of a date new text end 183.9 new text begin within 12 months of the date of application. new text end 183.10     new text begin (c) new text end The application must also include all of the following: 183.11    (a) new text begin (1) new text end an affirmation under oath that the applicant: 183.12    (1) will maintain competent staff and adequate staffing levels, through direct 183.13employees or otherwise, to meet the requirements of this chapter; new text begin (i) is in compliance new text end 183.14 new text begin with the requirements of section 58.125; new text end 183.15     new text begin (ii) will maintain a perpetual roster of individuals employed as residential mortgage new text end 183.16 new text begin originators, including employees and independent contractors, which includes the date that new text end 183.17 new text begin mandatory initial education was completed. In addition, the roster must be made available new text end 183.18 new text begin to the commissioner on demand, within three business days of the commissioner's request; new text end 183.19    (2) new text begin (iii) new text end will advise the commissioner of any material changes to the information 183.20submitted in the most recent application within ten days of the change; 183.21    (3) new text begin (iv) new text end will advise the commissioner in writing immediately of any bankruptcy 183.22petitions filed against or by the applicant or licensee; 183.23    (4) is financially solvent; new text begin (v) will maintain at all times either a net worth, net of new text end 183.24 new text begin intangibles, of at least $250,000 or a surety bond or irrevocable letter of credit in the new text end 183.25 new text begin amount of at least $50,000; new text end 183.26    (5) new text begin (vi) new text end complies with federal and state tax laws; new text begin and new text end 183.27    (6) new text begin (vii) new text end complies with sections 345.31 to 345.60, the Minnesota unclaimed property 183.28law; and 183.29    (7) is, or that a person in control of the license applicant is, at least 18 years of age; 183.30    (b) new text begin (2) new text end information as to the mortgage lending, servicing, or brokering experience 183.31of the applicant and persons in control of the applicant; 183.32    (c) new text begin (3) new text end information as to criminal convictions, excluding traffic violations, of persons 183.33in control of the license applicant; 183.34    (d) new text begin (4) new text end whether a court of competent jurisdiction has found that the applicant or 183.35persons in control of the applicant have engaged in conduct evidencing gross negligence, 184.1fraud, misrepresentation, or deceit in performing an act for which a license is required 184.2under this chapter; 184.3    (e) new text begin (5) new text end whether the applicant or persons in control of the applicant have been the 184.4subject of: an order of suspension or revocation, cease and desist order, or injunctive 184.5order, or order barring involvement in an industry or profession issued by this or another 184.6state or federal regulatory agency or by the Secretary of Housing and Urban Development 184.7within the ten-year period immediately preceding submission of the application; and 184.8    (f) new text begin (6) new text end other information required by the commissioner. 184.9    Sec. 16. Minnesota Statutes 2006, section 58.06, is amended by adding a subdivision 184.10to read: 184.11     new text begin Subd. 3. new text end new text begin Waiver. new text end new text begin The commissioner may, for good cause shown, waive any new text end 184.12 new text begin requirement of this section with respect to an initial license application or to permit a new text end 184.13 new text begin license applicant to submit substituted information in its license application in lieu of new text end 184.14 new text begin the information required by this section. new text end 184.15    Sec. 17. Minnesota Statutes 2006, section 58.08, subdivision 3, is amended to read: 184.16    Subd. 3. Exemption. Subdivisions 1 and new text begin Subdivision new text end 2 do new text begin does new text end not apply to 184.17mortgage originators or mortgage servicers who are approved as seller/servicers by the 184.18Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. 184.19    Sec. 18. Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to read: 184.20    Subdivision 1. Amounts. The following fees must be paid to the commissioner: 184.21    (1) for an initial residential mortgage originator license, $850 new text begin $2,125 new text end , $50 of which 184.22is credited to the consumer education account in the special revenue fund; 184.23    (2) for a renewal license, $450 new text begin $1,125 new text end , $50 of which is credited to the consumer 184.24education account in the special revenue fund; 184.25    (3) for an initial residential mortgage servicer's license, $1,000; 184.26    (4) for a renewal license, $500; and 184.27    (5) for a certificate of exemption, $100. 184.28    Sec. 19. new text begin [58.115] EXAMINATIONS. new text end 184.29     new text begin The commissioner has under this chapter the same powers with respect to new text end 184.30 new text begin examinations that the commissioner has under section 46.04, including the authority to new text end 184.31 new text begin charge for the direct costs of the examination, including travel and per diem expenses. new text end 184.32    Sec. 20. new text begin [58.126] EDUCATION REQUIREMENT. new text end 185.1     new text begin No individual shall engage in residential mortgage origination or make residential new text end 185.2 new text begin mortgage loans, whether as an employee or independent contractor, before the completion new text end 185.3 new text begin of 15 hours of educational training which has been approved by the commissioner, and new text end 185.4 new text begin covering state and federal laws concerning residential mortgage lending. new text end 185.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2008. new text end 185.6    Sec. 21. new text begin [59C.01] SHORT TITLE. new text end 185.7     new text begin This chapter may be cited as the Vehicle Protection Product Act. new text end 185.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 185.9    Sec. 22. new text begin [59C.02] DEFINITIONS. new text end 185.10     new text begin Subdivision 1. new text end new text begin Terms. new text end new text begin For purposes of this chapter, the terms defined in subdivisions new text end 185.11 new text begin 2 to 11 have the meanings given them. new text end 185.12     new text begin Subd. 2. new text end new text begin Administrator. new text end new text begin "Administrator" means a third party other than the new text end 185.13 new text begin warrantor who is designated by the warrantor to be responsible for the administration new text end 185.14 new text begin of vehicle protection product warranties. new text end 185.15     new text begin Subd. 3. new text end new text begin Commissioner. new text end new text begin "Commissioner" means the commissioner of commerce. new text end 185.16     new text begin Subd. 4. new text end new text begin Department. new text end new text begin "Department" means the Department of Commerce. new text end 185.17     new text begin Subd. 5. new text end new text begin Incidental costs. new text end new text begin "Incidental costs" means expenses specified in the new text end 185.18 new text begin warranty incurred by the warranty holder related to the failure of the vehicle protection new text end 185.19 new text begin product to perform as provided in the warranty. Incidental costs may include, without new text end 185.20 new text begin limitation, insurance policy deductibles, rental vehicle charges, the difference between the new text end 185.21 new text begin actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, new text end 185.22 new text begin sales taxes, registration fees, transaction fees, and mechanical inspection fees. new text end 185.23     new text begin Subd. 6. new text end new text begin Service contract. new text end new text begin "Service contract" means a contract or agreement as new text end 185.24 new text begin regulated under chapter 59B. new text end 185.25     new text begin Subd. 7. new text end new text begin Vehicle protection product. new text end new text begin "Vehicle protection product" means a vehicle new text end 185.26 new text begin protection device, system, or service that: new text end 185.27     new text begin (1) is installed on or applied to a vehicle; new text end 185.28     new text begin (2) is designed to prevent loss or damage to a vehicle from a specific cause; and new text end 185.29     new text begin (3) includes a written warranty. new text end 185.30     new text begin For purposes of this section, vehicle protection product includes, without limitation, new text end 185.31 new text begin alarm systems; body part marking products; steering locks; window etch products; pedal new text end 186.1 new text begin and ignition locks; fuel and ignition kill switches; and electronic, radio, and satellite new text end 186.2 new text begin tracking devices. new text end 186.3     new text begin Subd. 8. new text end new text begin Vehicle protection product warranty or warranty. new text end new text begin "Vehicle protection new text end 186.4 new text begin product warranty" or "warranty" means, for the purposes of this chapter, a written new text end 186.5 new text begin agreement by a warrantor that provides if the vehicle protection product fails to prevent new text end 186.6 new text begin loss or damage to a vehicle from a specific cause, that the warranty holder must be new text end 186.7 new text begin paid specified incidental costs by the warrantor as a result of the failure of the vehicle new text end 186.8 new text begin protection product to perform pursuant to the terms of the warranty. new text end 186.9     new text begin Subd. 9. new text end new text begin Vehicle protection product warrantor or warrantor. new text end new text begin "Vehicle protection new text end 186.10 new text begin product warrantor" or "warrantor," for the purposes of this chapter, means a person who is new text end 186.11 new text begin contractually obligated to the warranty holder under the terms of the vehicle protection new text end 186.12 new text begin product warranty agreement. Warrantor does not include an authorized insurer providing a new text end 186.13 new text begin warranty reimbursement insurance policy. new text end 186.14     new text begin Subd. 10. new text end new text begin Warranty holder. new text end new text begin "Warranty holder," for the purposes of this chapter, new text end 186.15 new text begin means the person who purchases a vehicle protection product or who is a permitted new text end 186.16 new text begin transferee. new text end 186.17     new text begin Subd. 11. new text end new text begin Warranty reimbursement insurance policy. new text end new text begin "Warranty reimbursement new text end 186.18 new text begin insurance policy" means a policy of insurance that is issued to the vehicle protection new text end 186.19 new text begin product warrantor to provide reimbursement to, or to pay on behalf of, the warrantor all new text end 186.20 new text begin covered contractual obligations incurred by the warrantor under the terms and conditions new text end 186.21 new text begin of the insured vehicle protection product warranties sold by the warrantor. new text end 186.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 186.23    Sec. 23. new text begin [59C.03] SCOPE AND EXEMPTIONS. new text end 186.24     new text begin (a) No vehicle protection product may be sold or offered for sale in this state unless new text end 186.25 new text begin the seller, warrantor, and administrator, if any, comply with the provisions of this chapter. new text end 186.26     new text begin (b) Vehicle protection product warrantors and related vehicle protection product new text end 186.27 new text begin sellers and warranty administrators complying with this chapter are not required to comply new text end 186.28 new text begin with and are not subject to any other provision of chapters 59B to 72A, except that section new text end 186.29 new text begin 72A.20, subdivision 38, shall apply to vehicle protection product warranties in the same new text end 186.30 new text begin manner it applies to service contracts. new text end 186.31     new text begin (c) Service contract providers who do not sell vehicle protection products are not new text end 186.32 new text begin subject to the requirements of this chapter and sales of vehicle protection products are new text end 186.33 new text begin exempt from the requirements of chapter 59B. new text end 187.1     new text begin (d) Warranties, indemnity agreements, and guarantees that are not provided as a part new text end 187.2 new text begin of a vehicle protection product are not subject to the provisions of this chapter. new text end 187.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 187.4    Sec. 24. new text begin [59C.04] REGISTRATION AND FILING REQUIREMENTS OF new text end 187.5 new text begin WARRANTORS. new text end 187.6     new text begin Subdivision 1. new text end new text begin General requirement. new text end new text begin A person may not operate as a warrantor or new text end 187.7 new text begin represent to the public that the person is a warrantor unless the person is registered with new text end 187.8 new text begin the department on a form prescribed by the commissioner. new text end 187.9     new text begin Subd. 2. new text end new text begin Registration records. new text end new text begin A registrant shall file a warrantor registration new text end 187.10 new text begin record annually and shall update it within 30 days of any change. A registration record new text end 187.11 new text begin must contain the following information: new text end 187.12     new text begin (1) the warrantor's name, any fictitious names under which the warrantor does new text end 187.13 new text begin business in the state, principal office address, and telephone number; new text end 187.14     new text begin (2) the name and address of the warrantor's agent for service of process in the state if new text end 187.15 new text begin other than the warrantor; new text end 187.16     new text begin (3) the names of the warrantor's executive officer or officers directly responsible for new text end 187.17 new text begin the warrantor's vehicle protection product business; new text end 187.18     new text begin (4) the name, address, and telephone number of any administrators designated by new text end 187.19 new text begin the warrantor to be responsible for the administration of vehicle protection product new text end 187.20 new text begin warranties in this state; new text end 187.21     new text begin (5) a copy of the warranty reimbursement insurance policy or policies or other new text end 187.22 new text begin financial information required by section 59C.05; new text end 187.23     new text begin (6) a copy of each warranty the warrantor proposes to use in this state; and new text end 187.24     new text begin (7) a statement indicating under which provision of section 59C.05 the warrantor new text end 187.25 new text begin qualifies to do business in this state as a warrantor. new text end 187.26     new text begin Subd. 3. new text end new text begin Registration fee. new text end new text begin The commissioner may charge each registrant a new text end 187.27 new text begin reasonable fee to offset the cost of processing the registration and maintaining the records new text end 187.28 new text begin in an amount of $250 annually. The information in subdivision 2, clauses (1) and (2), must new text end 187.29 new text begin be made available to the public. new text end 187.30     new text begin Subd. 4. new text end new text begin Renewal. new text end new text begin The registrant will have 30 days to complete the renewal of the new text end 187.31 new text begin registration before the commissioner suspends the registration. new text end 187.32     new text begin Subd. 5. new text end new text begin Exception. new text end new text begin An administrator or person who sells or solicits a sale of a new text end 187.33 new text begin vehicle protection product but who is not a warrantor shall not be required to register as a new text end 188.1 new text begin warrantor or be licensed under the insurance laws of this state to sell vehicle protection new text end 188.2 new text begin products. new text end 188.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 188.4    Sec. 25. new text begin [59C.05] FINANCIAL RESPONSIBILITY. new text end 188.5     new text begin Subdivision 1. new text end new text begin General requirements. new text end new text begin No vehicle protection product may be sold, new text end 188.6 new text begin or offered for sale in this state unless the warrantor meets either the requirements of new text end 188.7 new text begin subdivision 2 or 3 in order to ensure adequate performance under the warranty. No other new text end 188.8 new text begin financial security requirements or financial standards for warrantors is required. new text end 188.9     new text begin Subd. 2. new text end new text begin Warranty reimbursement insurance policy. new text end new text begin The vehicle protection new text end 188.10 new text begin product warrantor shall be insured under a warranty reimbursement insurance policy new text end 188.11 new text begin issued by an insurer authorized to do business in this state which provides that: new text end 188.12     new text begin (1) the insurer will pay to, or on behalf of the warrantor, 100 percent of all sums new text end 188.13 new text begin that the warrantor is legally obligated to pay according to the warrantor's contractual new text end 188.14 new text begin obligations under the warrantor's vehicle protection product warranty; new text end 188.15     new text begin (2) a true and correct copy of the warranty reimbursement insurance policy has been new text end 188.16 new text begin filed with the commissioner by the warrantor; and new text end 188.17     new text begin (3) the policy contains the provision required in section 59C.06. new text end 188.18     new text begin Subd. 3. new text end new text begin Network or stockholder's equity. new text end new text begin (1) The vehicle protection product new text end 188.19 new text begin warrantor, or its parent company in accordance with clause (2), shall maintain a net worth new text end 188.20 new text begin or stockholders' equity of $50,000,000; and new text end 188.21     new text begin (2) the warrantor shall provide the commissioner with a copy of the warrantor's or new text end 188.22 new text begin the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the new text end 188.23 new text begin Securities and Exchange Commission within the last calendar year or, if the warrantor new text end 188.24 new text begin does not file with the Securities and Exchange Commission, a copy of the warrantor or new text end 188.25 new text begin the warrantor's parent company's audited financial statements that shows a net worth of new text end 188.26 new text begin the warrantor or its parent company of at least $50,000,000. If the warrantor's parent new text end 188.27 new text begin company's Form 10-K, Form 20-F, or audited financial statements are filed to meet new text end 188.28 new text begin the warrantor's financial stability requirement, then the parent company shall agree to new text end 188.29 new text begin guarantee the obligations of the warrantor relating to warranties issued by the warrantor in new text end 188.30 new text begin this state. The financial information provided to the commissioner under this paragraph new text end 188.31 new text begin is trade secret information for purposes of section 13.37. new text end 188.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 189.1    Sec. 26. new text begin [59C.06] WARRANTY REIMBURSEMENT POLICY new text end 189.2 new text begin REQUIREMENTS. new text end 189.3     new text begin No warranty reimbursement insurance policy may be issued, sold, or offered for sale new text end 189.4 new text begin in this state unless the policy meets the following conditions: new text end 189.5     new text begin (1) the policy states that the issuer of the policy will reimburse, or pay on behalf of new text end 189.6 new text begin the vehicle protection product warrantor, all covered sums that the warrantor is legally new text end 189.7 new text begin obligated to pay, or will provide all service that the warrantor is legally obligated to new text end 189.8 new text begin perform according to the warrantor's contractual obligations under the provisions of the new text end 189.9 new text begin insured warranties sold by the warrantor; new text end 189.10     new text begin (2) the policy states that in the event payment due under the terms of the warranty is new text end 189.11 new text begin not provided by the warrantor within 60 days after proof of loss has been filed according new text end 189.12 new text begin to the terms of the warranty by the warranty holder, the warranty holder may file directly new text end 189.13 new text begin with the warranty reimbursement insurance company for reimbursement; new text end 189.14     new text begin (3) the policy provides that a warranty reimbursement insurance company that new text end 189.15 new text begin insures a warranty is deemed to have received payment of the premium if the warranty new text end 189.16 new text begin holder paid for the vehicle protection product and the insurer's liability under the policy new text end 189.17 new text begin shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the new text end 189.18 new text begin issuance of a warranty to the insurer; and new text end 189.19     new text begin (4) the policy has the following provisions regarding cancellation of the policy: new text end 189.20     new text begin (i) the issuer of a reimbursement insurance policy shall not cancel the policy until a new text end 189.21 new text begin notice of cancellation in writing has been mailed or delivered to the commissioner and new text end 189.22 new text begin each insured warrantor; new text end 189.23     new text begin (ii) the cancellation of a reimbursement insurance policy shall not reduce the issuer's new text end 189.24 new text begin responsibility for vehicle protection products sold prior to the date of cancellation; and new text end 189.25     new text begin (iii) in the event an insurer cancels a policy that a warrantor has filed with the new text end 189.26 new text begin commissioner, the warrantor shall do either of the following: new text end 189.27     new text begin (A) file a copy of a new policy with the commissioner, before the termination of new text end 189.28 new text begin the prior policy, providing no lapse in coverage following the termination of the prior new text end 189.29 new text begin policy; or new text end 189.30     new text begin (B) discontinue offering warranties as of the termination date of the policy until a new text end 189.31 new text begin new policy becomes effective and is accepted by the commissioner. new text end 189.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 189.33    Sec. 27. new text begin [59C.07] DISCLOSURE TO WARRANTY HOLDER. new text end 189.34     new text begin A vehicle protection product warranty must not be sold or offered for sale in this new text end 189.35 new text begin state unless the warranty: new text end 190.1     new text begin (1) states, "The obligations of the warrantor to the warranty holder are guaranteed new text end 190.2 new text begin under a warranty reimbursement insurance policy" if the warrantor elects to meet its new text end 190.3 new text begin financial responsibility obligations under section 59C.05, subdivision 2, or states "The new text end 190.4 new text begin obligations of the warrantor under this warranty are backed by the full faith and credit new text end 190.5 new text begin of the warrantor" if the warrantor elects to meet its financial responsibility obligations new text end 190.6 new text begin under section 59C.05, subdivision 3; new text end 190.7     new text begin (2) states that in the event a warranty holder must make a claim against a party other new text end 190.8 new text begin than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to new text end 190.9 new text begin make a direct claim against the insurer upon the failure of the warrantor to pay any claim new text end 190.10 new text begin or meet any obligation under the terms of the warranty within 60 days after proof of loss new text end 190.11 new text begin has been filed with the warrantor, if the warrantor elects to meet its financial responsibility new text end 190.12 new text begin obligations under section 59C.05, subdivision 2; new text end 190.13     new text begin (3) states the name and address of the issuer of the warranty reimbursement new text end 190.14 new text begin insurance policy, and this information need not be preprinted on the warranty form, but new text end 190.15 new text begin may be added to or stamped on the warranty, if the warrantor elects to meet its financial new text end 190.16 new text begin responsibility obligations under section 59C.05, subdivision 2; new text end 190.17     new text begin (4) identifies the warrantor, the seller, and the warranty holder; new text end 190.18     new text begin (5) sets forth the total purchase price and the terms under which it is to be paid, new text end 190.19 new text begin however, the purchase price is not required to be preprinted on the vehicle protection new text end 190.20 new text begin product warranty and may be negotiated with the consumer at the time of sale; new text end 190.21     new text begin (6) sets forth the procedure for making a claim, including a telephone number; new text end 190.22     new text begin (7) specifies the payments or performance to be provided under the warranty new text end 190.23 new text begin including payments for incidental costs expressed as either a fixed amount specified in the new text end 190.24 new text begin warranty or sales agreement or by the use of a formula itemizing specific incidental costs new text end 190.25 new text begin incurred by the warranty holder, the manner of calculation or determination of payments new text end 190.26 new text begin or performance, and any limitations, exceptions, or exclusions; new text end 190.27     new text begin (8) sets forth all of the obligations and duties of the warranty holder such as the duty new text end 190.28 new text begin to protect against any further damage to the vehicle, the obligation to notify the warrantor new text end 190.29 new text begin in advance of any repair, or other similar requirements, if any; new text end 190.30     new text begin (9) sets forth any terms, restrictions, or conditions governing transferability and new text end 190.31 new text begin cancellation of the warranty, if any; and new text end 190.32     new text begin (10) contains a disclosure that reads substantially as follows: "This agreement is a new text end 190.33 new text begin product warranty and is not insurance." new text end 190.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 190.35    Sec. 28. new text begin [59C.08] PROHIBITED ACTS. new text end 191.1     new text begin (a) Unless licensed as an insurance company, a vehicle protection product warrantor new text end 191.2 new text begin shall not use in its name, contracts, or literature, any of the words "insurance," "casualty," new text end 191.3 new text begin "surety," "mutual," or any other words descriptive of the insurance, casualty, or surety new text end 191.4 new text begin business or deceptively similar to the name or description of any insurance or surety new text end 191.5 new text begin corporation, or any other vehicle protection product warrantor. A warrantor may use the new text end 191.6 new text begin term "guaranty" or similar word in the warrantor's name. new text end 191.7     new text begin (b) A vehicle protection product seller or warrantor may not require as a condition of new text end 191.8 new text begin financing that a retail purchaser of a motor vehicle purchase a vehicle protection product. new text end 191.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 191.10    Sec. 29. new text begin [59C.09] RECORD KEEPING. new text end 191.11     new text begin (a) All vehicle protection product warrantors shall keep accurate accounts, books, new text end 191.12 new text begin and records concerning transactions regulated under this chapter. new text end 191.13     new text begin (b) A vehicle protection product warrantor's accounts, books, and records must new text end 191.14 new text begin include: new text end 191.15     new text begin (1) copies of all vehicle protection product warranties; new text end 191.16     new text begin (2) the name and address of each warranty holder; and new text end 191.17     new text begin (3) the dates, amounts, and descriptions of all receipts, claims, and expenditures. new text end 191.18     new text begin (c) A vehicle protection product warrantor shall retain all required accounts, books, new text end 191.19 new text begin and records pertaining to each warranty holder for at least two years after the specified new text end 191.20 new text begin period of coverage has expired. A warrantor discontinuing business in this state shall new text end 191.21 new text begin maintain its records until it furnishes the commissioner satisfactory proof that it has new text end 191.22 new text begin discharged all obligations to warranty holders in this state. new text end 191.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 191.24    Sec. 30. new text begin [59C.10] COMMISSIONER'S POWERS AND DUTIES. new text end 191.25     new text begin Subdivision 1. new text end new text begin Examination and compliance powers. new text end new text begin The commissioner may new text end 191.26 new text begin conduct examinations of warrantors, administrators, or other persons to enforce this new text end 191.27 new text begin chapter and protect warranty holders in this state. Upon request of the commissioner, a new text end 191.28 new text begin warrantor shall make available to the commissioner all accounts, books, and records new text end 191.29 new text begin concerning vehicle protection products sold by the warrantor and transactions regulated new text end 191.30 new text begin under this chapter that are necessary to enable the commissioner to reasonably determine new text end 191.31 new text begin compliance or noncompliance with this chapter. new text end 191.32     new text begin Subd. 2. new text end new text begin Enforcement authority. new text end new text begin The commissioner may take action that is new text end 191.33 new text begin necessary or appropriate to enforce the provisions of this chapter and the commissioner's new text end 192.1 new text begin rules and orders and to protect warranty holders in this state. The commissioner has the new text end 192.2 new text begin enforcement authority in chapter 45 available to enforce the provisions of the chapter and new text end 192.3 new text begin the rules adopted pursuant to it. new text end 192.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 192.5    Sec. 31. new text begin [59C.12] APPLICABILITY. new text end 192.6     new text begin This chapter applies to all vehicle protection products sold or offered for sale on new text end 192.7 new text begin or after the effective date of this chapter. The failure of any person to comply with this new text end 192.8 new text begin chapter before its effective date is not admissible in any court proceeding, administrative new text end 192.9 new text begin proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise new text end 192.10 new text begin be used to prove that the action of any person or the affected vehicle protection product new text end 192.11 new text begin was unlawful or otherwise improper. The adoption of this chapter does not imply that new text end 192.12 new text begin a vehicle protection product warranty was insurance before the effective date of this new text end 192.13 new text begin chapter. Nothing in this section may be construed to require the application of the penalty new text end 192.14 new text begin provisions where this section is not applicable. new text end 192.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 192.16    Sec. 32. new text begin [60K.365] PRODUCER TRAINING REQUIREMENTS FOR new text end 192.17 new text begin LONG-TERM CARE INSURANCE PRODUCTS. new text end 192.18     new text begin (a) An individual may not sell, solicit, or negotiate long-term care insurance new text end 192.19 new text begin unless the individual is licensed as an insurance producer for accident and health or new text end 192.20 new text begin sickness insurance or life insurance and has completed an initial training course and new text end 192.21 new text begin ongoing training every 24 months thereafter. The training must meet the requirements of new text end 192.22 new text begin paragraph (b). new text end 192.23     new text begin (b) The initial training course required by this section must be no less than eight new text end 192.24 new text begin hours, and the ongoing training courses required by this section must be no less than four new text end 192.25 new text begin hours every 24 months. The courses must be approved by the commissioner and may be new text end 192.26 new text begin approved as continuing education courses under section 60K.56. The courses must consist new text end 192.27 new text begin of topics related to long-term care insurance, long-term care services, and qualified state new text end 192.28 new text begin long-term care insurance partnership programs, including, but not limited to: new text end 192.29     new text begin (1) state and federal regulations and requirements and the relationship between new text end 192.30 new text begin qualified state long-term care insurance partnership programs and other public and private new text end 192.31 new text begin coverage of long-term care services, including Medicaid/Minnesota medical assistance; new text end 192.32     new text begin (2) available long-term care services and providers; new text end 192.33     new text begin (3) changes or improvements in long-term care services or providers; new text end 192.34     new text begin (4) alternatives to the purchase of private long-term care insurance; new text end 193.1     new text begin (5) the effect of inflation on benefits and the importance of inflation protection; and new text end 193.2     new text begin (6) consumer suitability standards and guidelines. new text end 193.3     new text begin The training required by this section must not include training that is insurer or new text end 193.4 new text begin company product specific or that includes any sales or marketing information, materials, new text end 193.5 new text begin or training, other than those required by state or federal law. new text end 193.6     new text begin (c) Insurers shall obtain verification that a producer has received the training new text end 193.7 new text begin required by this section before a producer is permitted to sell, solicit, or negotiate the new text end 193.8 new text begin insurer's long-term care insurance products. Insurers shall maintain records verifying that new text end 193.9 new text begin the producer has received the training contained in this section and make that verification new text end 193.10 new text begin available to the commissioner upon request. new text end 193.11     new text begin (d) The satisfaction of these initial training requirements in any state shall be deemed new text end 193.12 new text begin to satisfy the initial training requirements of this section. new text end 193.13     new text begin (e) Nonresident producers selling partnership policies shall be expected to new text end 193.14 new text begin demonstrate knowledge about unique aspects of the Minnesota medical assistance system. new text end 193.15 new text begin An insurer offering partnership products in Minnesota shall maintain records verifying that new text end 193.16 new text begin its nonresident producers have attained the required training and make that verification new text end 193.17 new text begin available to the commissioner upon request. new text end 193.18 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective the day following new text end 193.19 new text begin final enactment; producers have until January 1, 2008, to complete the initial training new text end 193.20 new text begin course. new text end 193.21    Sec. 33. Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to read: 193.22    Subd. 2. Licensing fees. (a) In addition to fees provided for examinations new text begin and the new text end 193.23 new text begin technology surcharge required under paragraph (d) new text end , each insurance producer licensed 193.24under this chapter shall pay to the commissioner a fee of: 193.25    (1) $50 for an initial life, accident and health, property, or casualty license issued to 193.26an individual insurance producer, and a fee of $50 for each renewal; 193.27    (2) $50 for an initial variable life and variable annuity license issued to an individual 193.28insurance producer, and a fee of $50 for each renewal; 193.29    (3) $50 for an initial personal lines license issued to an individual insurance 193.30producer, and a fee of $50 for each renewal; 193.31    (4) $50 for an initial limited lines license issued to an individual insurance producer, 193.32and a fee of $50 for each renewal; 193.33    (5) $200 for an initial license issued to a business entity, and a fee of $200 for each 193.34renewal; and 193.35    (6) $500 for an initial surplus lines license, and a fee of $500 for each renewal. 194.1    (b) Initial licenses issued under this chapter are valid for a period not to exceed 24 194.2months and expire on October 31 of the renewal year assigned by the commissioner. 194.3Each renewal insurance producer license is valid for a period of 24 months. Licensees 194.4who submit renewal applications postmarked or delivered on or before October 15 of the 194.5renewal year may continue to transact business whether or not the renewal license has been 194.6received by November 1. Licensees who submit applications postmarked or delivered 194.7after October 15 of the renewal year must not transact business after the expiration date 194.8of the license until the renewal license has been received. 194.9    (c) All fees are nonreturnable, except that an overpayment of any fee may be 194.10refunded upon proper application. 194.11     new text begin (d) In addition to the fees required under paragraph (a), individual insurance new text end 194.12 new text begin producers shall pay, for each initial license and renewal, a technology surcharge of up to new text end 194.13 new text begin $40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted new text end 194.14 new text begin under that section. new text end 194.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective August 31, 2007. new text end 194.16    Sec. 34. Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to read: 194.17    Subdivision 1. Registration or notice filing fee. (a) There shall be a filing fee of 194.18$100 for every application for registration or notice filing. There shall be an additional fee 194.19of one-tenth of one percent of the maximum aggregate offering price at which the securities 194.20are to be offered in this state, and the maximum combined fees shall not exceed $300. 194.21    (b) When an application for registration is withdrawn before the effective date or a 194.22preeffective stop order is entered under section 80A.13, subdivision 1, all but the $100 194.23filing fee shall be returned. If an application to register securities is denied, the total of all 194.24fees received shall be retained. 194.25    (c) Where a filing is made in connection with a federal covered security under 194.26section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing. 194.27If the filing is made in connection with redeemable securities issued by an open end 194.28management company or unit investment trust, as defined in the Investment Company 194.29Act of 1940, there is an additional annual fee of 1/20 of one percent of the maximum 194.30aggregate offering price at which the securities are to be offered in this state during the 194.31notice filing period. The fee must be paid at the time of the initial filing and thereafter 194.32in connection with each renewal no later than July 1 of each year and must be sufficient 194.33to cover the shares the issuer expects to sell in this state over the next 12 months. If 194.34during a current notice filing the issuer determines it is likely to sell shares in excess of 194.35the shares for which fees have been paid to the commissioner, the issuer shall submit an 195.1amended notice filing to the commissioner under section 80A.122, subdivision 1, clause 195.2(3), together with a fee of 1/20 of one percent of the maximum aggregate offering price 195.3of the additional shares. Shares for which a fee has been paid, but which have not been 195.4sold at the time of expiration of the notice filing, may not be sold unless an additional fee 195.5to cover the shares has been paid to the commissioner as provided in this section and 195.6section 80A.122, subdivision 4a. If the filing is made in connection with redeemable 195.7securities issued by such a company or trust, there is no maximum fee for securities filings 195.8made according to this paragraph. If the filing is made in connection with any other 195.9federal covered security under Section 18(b)(2) of the Securities Act of 1933, there is an 195.10additional fee of one-tenth of one percent of the maximum aggregate offering price at 195.11which the securities are to be offered in this state, and the combined fees shall not exceed 195.12$300. Beginning with fiscal year 2001 and continuing each fiscal year thereafter, as of the 195.13last day of each fiscal year, the commissioner shall determine the total amount of all fees 195.14that were collected under this paragraph in connection with any filings made for that fiscal 195.15year for securities of an open-end investment company on behalf of a security that is a 195.16federal covered security pursuant to section 18(b)(2) of the Securities Act of 1933. To the 195.17extent the total fees collected by the commissioner in connection with these filings exceed 195.18$25,000,000 new text begin $25,600,000 new text end in a fiscal year, the commissioner shall refund, on a pro rata 195.19basis, to all persons who paid any fees for that fiscal year, the amount of fees collected by 195.20the commissioner in excess of $25,000,000 new text begin $25,600,000 new text end . No individual refund is required 195.21of amounts of $100 or less for a fiscal year. 195.22    Sec. 35. Minnesota Statutes 2006, section 80A.65, subdivision 1, is amended to read: 195.23    Subdivision 1. Registration or notice filing fee. (a) There shall be a filing fee of 195.24$100 for every application for registration or notice filing. There shall be an additional fee 195.25of one-tenth of one percent of the maximum aggregate offering price at which the securities 195.26are to be offered in this state, and the maximum combined fees shall not exceed $300. 195.27    (b) When an application for registration is withdrawn before the effective date 195.28or a preeffective stop order is entered under section 80A.54, all but the $100 filing fee 195.29shall be returned. If an application to register securities is denied, the total of all fees 195.30received shall be retained. 195.31    (c) Where a filing is made in connection with a federal covered security under 195.32section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing. 195.33If the filing is made in connection with redeemable securities issued by an open end 195.34management company or unit investment trust, as defined in the Investment Company Act 195.35of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate 196.1offering price at which the securities are to be offered in this state during the notice filing 196.2period. The fee must be paid at the time of the initial filing and thereafter in connection 196.3with each renewal no later than July 1 of each year and must be sufficient to cover the 196.4shares the issuer expects to sell in this state over the next 12 months. If during a current 196.5notice filing the issuer determines it is likely to sell shares in excess of the shares for which 196.6fees have been paid to the administrator, the issuer shall submit an amended notice filing 196.7to the administrator under section 80A.50, together with a fee of 1/20 of one percent of the 196.8maximum aggregate offering price of the additional shares. Shares for which a fee has 196.9been paid, but which have not been sold at the time of expiration of the notice filing, may 196.10not be sold unless an additional fee to cover the shares has been paid to the administrator 196.11as provided in this section and section 80A.50. If the filing is made in connection with 196.12redeemable securities issued by such a company or trust, there is no maximum fee for 196.13securities filings made according to this paragraph. If the filing is made in connection with 196.14any other federal covered security under Section 18(b)(2) of the Securities Act of 1933, 196.15there is an additional fee of one-tenth of one percent of the maximum aggregate offering 196.16price at which the securities are to be offered in this state, and the combined fees shall not 196.17exceed $300. Beginning with fiscal year 2001 and continuing each fiscal year thereafter, 196.18as of the last day of each fiscal year, the administrator shall determine the total amount of 196.19all fees that were collected under this paragraph in connection with any filings made for 196.20that fiscal year for securities of an open-end investment company on behalf of a security 196.21that is a federal covered security pursuant to section 18(b)(2) of the Securities Act of 196.221933. To the extent the total fees collected by the administrator in connection with these 196.23filings exceed $25,000,000 new text begin $25,600,000 new text end in a fiscal year, the administrator shall refund, 196.24on a pro rata basis, to all persons who paid any fees for that fiscal year, the amount of 196.25fees collected by the administrator in excess of $25,000,000 new text begin $25,600,000 new text end . No individual 196.26refund is required of amounts of $100 or less for a fiscal year. 196.27    Sec. 36. Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to read: 196.28    Subdivision 1. Amounts. The following fees shall be paid to the commissioner: 196.29    (a) a fee of $150 for each initial individual broker's license, and a fee of $100 for 196.30each renewal thereof; 196.31    (b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each 196.32renewal thereof; 196.33    (c) a fee of $85 for each initial real estate closing agent license, and a fee of $60 196.34for each renewal thereof; 197.1    (d) a fee of $150 for each initial corporate, limited liability company, or partnership 197.2license, and a fee of $100 for each renewal thereof; 197.3    (e) a fee for payment to the education, research and recovery fund in accordance 197.4with section 82.43; 197.5    (f) a fee of $20 for each transfer; 197.6    (g) a fee of $50 for license reinstatement; and 197.7    (h) a fee of $20 for reactivating a corporate, limited liability company, or partnership 197.8license without land new text begin ; and new text end 197.9     new text begin (i) in addition to the fees required under this subdivision, individual licensees under new text end 197.10 new text begin clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge new text end 197.11 new text begin of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge new text end 197.12 new text begin as permitted under that section new text end . 197.13 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective the day following new text end 197.14 new text begin final enactment and applies to new licensees effective September 1, 2007. new text end 197.15    Sec. 37. Minnesota Statutes 2006, section 82.24, subdivision 4, is amended to read: 197.16    Subd. 4. Deposit of fees. Unless otherwise provided by this chapter, all fees 197.17collected under this chapter shall be deposited in the state treasury. new text begin The technology new text end 197.18 new text begin surcharge shall be deposited as required under section 45.24. new text end 197.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 197.20    Sec. 38. Minnesota Statutes 2006, section 82B.09, subdivision 1, is amended to read: 197.21    Subdivision 1. Amounts. new text begin (a) new text end The following fees must be paid to the commissioner: 197.22    (1) $150 for each initial individual real estate appraiser's license; and 197.23    (2) $100 for each renewal. 197.24     new text begin (b) In addition to the fees required under this subdivision, individual real estate new text end 197.25 new text begin appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the new text end 197.26 new text begin commissioner has adjusted the surcharge as permitted under that section. new text end 197.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective June 30, 2007. new text end 197.28    Sec. 39. Minnesota Statutes 2006, section 118A.03, subdivision 2, is amended to read: 197.29    Subd. 2. In lieu of surety bond. The following are the allowable forms of collateral 197.30in lieu of a corporate surety bond: 197.31    (1) United States government Treasury bills, Treasury notes, Treasury bonds; 198.1    (2) issues of United States government agencies and instrumentalities as quoted by a 198.2recognized industry quotation service available to the government entity; 198.3    (3) general obligation securities of any state or local government with taxing powers 198.4which is rated "A" or better by a national bond rating service, or revenue obligation 198.5securities of any state or local government with taxing powers which is rated "AA" or 198.6better by a national bond rating service; 198.7    (4) unrated general obligation securities of a local government with taxing powers 198.8may be pledged as collateral against funds deposited by that same local government entity; 198.9    (5) irrevocable standby letters of credit issued by Federal Home Loan Banks to a 198.10municipality accompanied by written evidence that the bank's public debt is rated "AA" or 198.11better by Moody's Investors Service, Inc., or Standard & Poor's Corporation; and 198.12    (6) time deposits that are fully insured by any federal agency. 198.13    Sec. 40. Minnesota Statutes 2006, section 239.101, subdivision 3, is amended to read: 198.14    Subd. 3. Petroleum inspection fee. (a) An inspection fee is imposed (1) on 198.15petroleum products when received by the first licensed distributor, and (2) on petroleum 198.16products received and held for sale or use by any person when the petroleum products 198.17have not previously been received by a licensed distributor. The petroleum inspection 198.18fee is $1 for every 1,000 gallons received. The commissioner of revenue shall collect 198.19the fee. The revenue from 81 cents of the fee is appropriated to the commissioner of 198.20commerce for the cost of operations of the Division of Weights and Measures, petroleum 198.21supply monitoring, and the oil burner retrofit program new text begin to make grants to providers of new text end 198.22 new text begin low-income weatherization services to install renewable energy equipment in households new text end 198.23 new text begin that are eligible for weatherization assistance under Minnesota's weatherization assistance new text end 198.24 new text begin program state plan new text end . The remainder of the fee must be deposited in the general fund. 198.25    (b) The commissioner of revenue shall credit a person for inspection fees previously 198.26paid in error or for any material exported or sold for export from the state upon filing of a 198.27report as prescribed by the commissioner of revenue. 198.28    (c) The commissioner of revenue may collect the inspection fee along with any 198.29taxes due under chapter 296A. 198.30    Sec. 41. new text begin [325E.027] DISCRIMINATION PROHIBITION. new text end 198.31     new text begin (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil new text end 198.32 new text begin who has signed a low-income home energy assistance program vendor agreement with the new text end 198.33 new text begin department of commerce may refuse to deliver liquid propane gas or number 1 or number new text end 198.34 new text begin 2 fuel oil to any person located within the dealer's or distributor's normal delivery area new text end 198.35 new text begin who receives direct grants under the low-income home energy assistance program if: new text end 199.1     new text begin (1) the person has requested delivery; new text end 199.2     new text begin (2) the dealer or distributor has product available; new text end 199.3     new text begin (3) the person requesting delivery is capable of making full payment at the time of new text end 199.4 new text begin delivery; and new text end 199.5     new text begin (4) the person is not in arrears regarding any previous fuel purchase from that dealer new text end 199.6 new text begin or distributor. new text end 199.7     new text begin (b) A dealer or distributor making delivery to a person receiving direct grants new text end 199.8 new text begin under the low-income home energy assistance program may not charge that person any new text end 199.9 new text begin additional costs or fees that would not be charged to any other customer and must make new text end 199.10 new text begin available to that person any discount program on the same basis as the dealer or distributor new text end 199.11 new text begin makes available to any other customer. new text end 199.12    Sec. 42. Minnesota Statutes 2006, section 325E.311, subdivision 6, is amended to read: 199.13    Subd. 6. Telephone solicitation. "Telephone solicitation" means any voice 199.14communication over a telephone line for the purpose of encouraging the purchase or 199.15rental of, or investment in, property, goods, or services, whether the communication is 199.16made by a live operator, through the use of an automatic dialing-announcing device as 199.17defined in section 325E.26, subdivision 2, or by other means. Telephone solicitation 199.18does not include communications: 199.19    (1) to any residential subscriber with that subscriber's prior express invitation or 199.20permission; or 199.21    (2) by or on behalf of any person or entity with whom a residential subscriber has a 199.22prior or current business or personal relationship. 199.23Telephone solicitation also does not include communications if the caller is identified by a 199.24caller identification service and the call is: 199.25    (i) by or on behalf of an organization that is identified as a nonprofit organization 199.26under state or federal law new text begin , unless the organization is a debt management services provider new text end 199.27 new text begin defined in section 332A.02 new text end ; 199.28    (ii) by a person soliciting without the intent to complete, and who does not in 199.29fact complete, the sales presentation during the call, but who will complete the sales 199.30presentation at a later face-to-face meeting between the solicitor who makes the call 199.31and the prospective purchaser; or 199.32    (iii) by a political party as defined under section 200.02, subdivision 6. 199.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 199.34    Sec. 43. Minnesota Statutes 2006, section 325N.01, is amended to read: 200.1325N.01 DEFINITIONS. 200.2    The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09. 200.3    (a) "Foreclosure consultant" means any person who, directly or indirectly, makes 200.4any solicitation, representation, or offer to any owner to perform for compensation or 200.5who, for compensation, performs any service which the person in any manner represents 200.6will in any manner do any of the following: 200.7    (1) stop or postpone the foreclosure sale; 200.8    (2) obtain any forbearance from any beneficiary or mortgagee; 200.9    (3) assist the owner to exercise the right of reinstatement provided in section 580.30; 200.10    (4) obtain any extension of the period within which the owner may reinstate the 200.11owner's obligation; 200.12    (5) obtain any waiver of an acceleration clause contained in any promissory note or 200.13contract secured by a mortgage on a residence in foreclosure or contained in the mortgage; 200.14    (6) assist the owner in foreclosure or loan default to obtain a loan or advance 200.15of funds; 200.16    (7) avoid or ameliorate the impairment of the owner's credit resulting from the 200.17recording of a notice of default or the conduct of a foreclosure sale; or 200.18    (8) save the owner's residence from foreclosure. 200.19    (b) A foreclosure consultant does not include any of the following: 200.20    (1) a person licensed to practice law in this state when the person renders service 200.21in the course of his or her practice as an attorney-at-law; 200.22    (2) a person licensed as a debt prorater under sections to new text begin management new text end 200.23 new text begin services provider under chapter 332A new text end , when the person is acting as a debt prorater new text begin new text end 200.24 new text begin management services provider new text end as defined in these sections new text begin that chapter new text end ; 200.25    (3) a person licensed as a real estate broker or salesperson under chapter 82 when the 200.26person engages in acts whose performance requires licensure under that chapter unless the 200.27person is engaged in offering services designed to, or purportedly designed to, enable the 200.28owner to retain possession of the residence in foreclosure; 200.29    (4) a person licensed as an accountant under chapter 326A when the person is acting 200.30in any capacity for which the person is licensed under those provisions; 200.31    (5) a person or the person's authorized agent acting under the express authority 200.32or written approval of the Department of Housing and Urban Development or other 200.33department or agency of the United States or this state to provide services; 200.34    (6) a person who holds or is owed an obligation secured by a lien on any residence 200.35in foreclosure when the person performs services in connection with this obligation or lien 201.1if the obligation or lien did not arise as the result of or as part of a proposed foreclosure 201.2reconveyance; 201.3    (7) any person or entity doing business under any law of this state, or of the United 201.4States relating to banks, trust companies, savings and loan associations, industrial loan and 201.5thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee 201.6which is a United States Department of Housing and Urban Development approved 201.7mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or 201.8employee of these persons or entities while engaged in the business of these persons 201.9or entities; 201.10    (8) a person licensed as a residential mortgage originator or servicer pursuant to 201.11chapter 58, when acting under the authority of that license or a foreclosure purchaser as 201.12defined in section 325N.10; 201.13    (9) a nonprofit agency or organization that offers counseling or advice to an owner 201.14of a home in foreclosure or loan default if they do not contract for services with for-profit 201.15lenders or foreclosure purchasers; and 201.16    (10) a judgment creditor of the owner, to the extent that the judgment creditor's claim 201.17accrued prior to the personal service of the foreclosure notice required by section 580.03, 201.18but excluding a person who purchased the claim after such personal service. 201.19    (c) "Foreclosure reconveyance" means a transaction involving: 201.20    (1) the transfer of title to real property by a foreclosed homeowner during a 201.21foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or 201.22by creation of a mortgage or other lien or encumbrance during the foreclosure process 201.23that allows the acquirer to obtain title to the property by redeeming the property as 201.24a junior lienholder; and 201.25    (2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest 201.26back to the foreclosed homeowner by the acquirer or a person acting in participation with 201.27the acquirer that allows the foreclosed homeowner to possess the real property following 201.28the completion of the foreclosure proceeding, which interest includes, but is not limited to, 201.29an interest in a contract for deed, purchase agreement, option to purchase, or lease. 201.30    (d) "Person" means any individual, partnership, corporation, limited liability 201.31company, association, or other group, however organized. 201.32    (e) "Service" means and includes, but is not limited to, any of the following: 201.33    (1) debt, budget, or financial counseling of any type; 201.34    (2) receiving money for the purpose of distributing it to creditors in payment or 201.35partial payment of any obligation secured by a lien on a residence in foreclosure; 201.36    (3) contacting creditors on behalf of an owner of a residence in foreclosure; 202.1    (4) arranging or attempting to arrange for an extension of the period within which 202.2the owner of a residence in foreclosure may cure the owner's default and reinstate his or 202.3her obligation pursuant to section 580.30; 202.4    (5) arranging or attempting to arrange for any delay or postponement of the time of 202.5sale of the residence in foreclosure; 202.6    (6) advising the filing of any document or assisting in any manner in the preparation 202.7of any document for filing with any bankruptcy court; or 202.8    (7) giving any advice, explanation, or instruction to an owner of a residence in 202.9foreclosure, which in any manner relates to the cure of a default in or the reinstatement 202.10of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of 202.11that obligation, or the postponement or avoidance of a sale of a residence in foreclosure, 202.12pursuant to a power of sale contained in any mortgage. 202.13    (f) "Residence in foreclosure" means residential real property consisting of one to 202.14four family dwelling units, one of which the owner occupies as his or her principal place 202.15of residence, and against which there is an outstanding notice of pendency of foreclosure, 202.16recorded pursuant to section 580.032, or against which a summons and complaint has 202.17been served under chapter 581. 202.18    (g) "Owner" means the record owner of the residential real property in foreclosure at 202.19the time the notice of pendency was recorded, or the summons and complaint served. 202.20    (h) "Contract" means any agreement, or any term in any agreement, between 202.21a foreclosure consultant and an owner for the rendition of any service as defined in 202.22paragraph (e). 202.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 202.24    Sec. 44. Minnesota Statutes 2006, section 332.54, subdivision 7, is amended to read: 202.25    Subd. 7. Fees. The fee for a credit services organization's registration is $100 202.26 new text begin $1,000 new text end for issuance or renewal for each location of business. 202.27 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective July 1, 2007, and new text end 202.28 new text begin applies to registrations issued or renewed on or after that date. new text end 202.29    Sec. 45. new text begin [332A.02] DEFINITIONS. new text end 202.30     new text begin Subdivision 1. new text end new text begin Scope. new text end new text begin Unless a different meaning is clearly indicated by the context, new text end 202.31 new text begin for the purposes of this chapter the terms defined in this section have the meanings given new text end 202.32 new text begin them. new text end 203.1     new text begin Subd. 2. new text end new text begin Accreditation. new text end new text begin "Accreditation" means certification as an accredited credit new text end 203.2 new text begin counseling provider by the Council on Accreditation. new text end 203.3     new text begin Subd. 3. new text end new text begin Attorney general. new text end new text begin "Attorney general" means the attorney general of the new text end 203.4 new text begin state of Minnesota. new text end 203.5     new text begin Subd. 4. new text end new text begin Commissioner. new text end new text begin "Commissioner" means commissioner of commerce. new text end 203.6     new text begin Subd. 5. new text end new text begin Controlling or affiliated party. new text end new text begin "Controlling or affiliated party" means new text end 203.7 new text begin any person directly or indirectly controlling, controlled by, or under common control new text end 203.8 new text begin with another person. new text end 203.9     new text begin Subd. 6. new text end new text begin Debt management services agreement. new text end new text begin "Debt management services new text end 203.10 new text begin agreement" means the written contract between the debt management services provider new text end 203.11 new text begin and the debtor. new text end 203.12     new text begin Subd. 7. new text end new text begin Debt management services plan. new text end new text begin "Debt management services plan" new text end 203.13 new text begin means the debtor's individualized package of debt management services set forth in the new text end 203.14 new text begin debt management services agreement. new text end 203.15     new text begin Subd. 8. new text end new text begin Debt management services provider. new text end new text begin "Debt management services new text end 203.16 new text begin provider" means any person offering or providing debt management services to a debtor new text end 203.17 new text begin domiciled in this state, regardless of whether or not a fee is charged for the services and new text end 203.18 new text begin regardless of whether the person maintains a physical presence in the state. This term does new text end 203.19 new text begin not include services performed by the following when engaged in the regular course of new text end 203.20 new text begin their respective businesses and professions: new text end 203.21     new text begin (1) attorneys at law, escrow agents, accountants, broker-dealers in securities; new text end 203.22     new text begin (2) state or national banks, trust companies, savings associations, title insurance new text end 203.23 new text begin companies, insurance companies, and all other lending institutions duly authorized to new text end 203.24 new text begin transact business in Minnesota, provided no fee is charged for the service; new text end 203.25     new text begin (3) persons who, as employees on a regular salary or wage of an employer not new text end 203.26 new text begin engaged in the business of debt management, perform credit services for their employer; new text end 203.27     new text begin (4) public officers acting in their official capacities and persons acting as a debt new text end 203.28 new text begin management services provider pursuant to court order; new text end 203.29     new text begin (5) any person while performing services incidental to the dissolution, winding up, new text end 203.30 new text begin or liquidation of a partnership, corporation, or other business enterprise; new text end 203.31     new text begin (6) the state, its political subdivisions, public agencies, and their employees; new text end 203.32     new text begin (7) credit unions and collection agencies, provided no fee is charged for the service; new text end 204.1     new text begin (8) "qualified organizations" designated as representative payees for purposes of the new text end 204.2 new text begin Social Security and Supplemental Security Income Representative Payee System and the new text end 204.3 new text begin federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508; new text end 204.4     new text begin (9) accelerated mortgage payment providers. "Accelerated mortgage payment new text end 204.5 new text begin providers" are persons who, after satisfying the requirements of sections 332.30 to new text end 204.6 new text begin 332.303, receive funds to make mortgage payments to a lender or lenders, on behalf new text end 204.7 new text begin of mortgagors, in order to exceed regularly scheduled minimum payment obligations new text end 204.8 new text begin under the terms of the indebtedness. The term does not include: (i) persons or entities new text end 204.9 new text begin described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial loan and new text end 204.10 new text begin thrift companies, or regulated lenders under chapter 56; or (iii) persons authorized to new text end 204.11 new text begin make loans under section 47.20, subdivision 1. For purposes of this clause and sections new text end 204.12 new text begin 332.30 to 332.303, "lender" means the original lender or that lender's assignee, whichever new text end 204.13 new text begin is the current mortgage holder; new text end 204.14     new text begin (10) trustees, guardians, and conservators; and new text end 204.15     new text begin (11) debt settlement providers. new text end 204.16     new text begin Subd. 9. new text end new text begin Debt management services. new text end new text begin "Debt management services" means the new text end 204.17 new text begin provision of any one or more of the following services in connection with debt incurred new text end 204.18 new text begin primarily for personal, family, or household services: new text end 204.19     new text begin (1) managing the financial affairs of an individual by distributing income or money new text end 204.20 new text begin to the individual's creditors; new text end 204.21     new text begin (2) receiving funds for the purpose of distributing the funds among creditors in new text end 204.22 new text begin payment or partial payment of obligations of a debtor; or new text end 204.23     new text begin (3) adjusting, prorating, pooling, or liquidating the indebtedness of a debtor. Any new text end 204.24 new text begin person so engaged or holding out as so engaged is deemed to be engaged in the provision of new text end 204.25 new text begin debt management services regardless of whether or not a fee is charged for such services. new text end 204.26     new text begin Subd. 10. new text end new text begin Debtor. new text end new text begin "Debtor" means the person for whom the debt prorating service new text end 204.27 new text begin is performed. new text end 204.28     new text begin Subd. 11. new text end new text begin Person. new text end new text begin "Person" means any individual, firm, partnership, association, new text end 204.29 new text begin or corporation. new text end 204.30     new text begin Subd. 12. new text end new text begin Registrant. new text end new text begin "Registrant" means any person registered by the new text end 204.31 new text begin commissioner pursuant to this chapter and, where used in conjunction with an act or new text end 204.32 new text begin omission required or prohibited by this chapter, shall mean any person performing debt new text end 204.33 new text begin management services. new text end 205.1     new text begin Subd. 13. new text end new text begin Debt settlement provider. new text end new text begin "Debt settlement provider" means any person new text end 205.2 new text begin engaging in or holding out as engaging in the business of negotiating, adjusting, or settling new text end 205.3 new text begin debt incurred primarily for personal, family, or household purposes without holding or new text end 205.4 new text begin receiving the debtor's funds or personal property and without paying the debtor's funds to, new text end 205.5 new text begin or distributing the debtor's property among, creditors. The term shall not include persons new text end 205.6 new text begin listed in subdivision 8, clauses (1) to (10). new text end 205.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 205.8    Sec. 46. new text begin [332A.03] REQUIREMENT OF REGISTRATION. new text end 205.9     new text begin On or after August 1, 2007, it is unlawful for any person, whether or not located in new text end 205.10 new text begin this state, to operate as a debt management services provider or provide debt management new text end 205.11 new text begin services, including but not limited to offering, advertising, or executing or causing to new text end 205.12 new text begin be executed any debt management services or debt management services agreement, new text end 205.13 new text begin except as authorized by law without first becoming registered as provided in this new text end 205.14 new text begin chapter. A person who possesses a valid license as a debt prorater that was issued by the new text end 205.15 new text begin commissioner before August 1, 2007, is deemed to be registered as a debt management new text end 205.16 new text begin services provider until the date the debt prorater license expires, at which time the licensee new text end 205.17 new text begin must obtain a renewal as a debt management services provider in compliance with this new text end 205.18 new text begin chapter. Debt proraters who were not required to be licensed as debt proraters before new text end 205.19 new text begin August 1, 2007, may continue to provide debt management services without complying new text end 205.20 new text begin with this chapter to those debtors who entered into a contract to participate in a debt new text end 205.21 new text begin management plan before August 1, 2007, except that the debt prorater must comply with new text end 205.22 new text begin section 332A.13, subdivision 2. new text end 205.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 205.24    Sec. 47. new text begin [332A.04] REGISTRATION. new text end 205.25     new text begin Subdivision 1. new text end new text begin Form. new text end new text begin Application for registration to operate as a debt management new text end 205.26 new text begin services provider in this state must be made in writing to the commissioner, under oath, in new text end 205.27 new text begin the form prescribed by the commissioner, and must contain: new text end 205.28     new text begin (1) the full name of each principal of the entity applying; new text end 205.29     new text begin (2) the address, which must not be a post office box, and the telephone number and, new text end 205.30 new text begin if applicable, e-mail address, of the applicant; new text end 205.31     new text begin (3) identification of the trust account required under section 332A.13; new text end 205.32     new text begin (4) consent to the jurisdiction of the courts of this state; new text end 206.1     new text begin (5) the name and address of the registered agent authorized to accept service of new text end 206.2 new text begin process on behalf of the applicant or appointment of the commissioner as the applicant's new text end 206.3 new text begin agent for purposes of accepting service of process; new text end 206.4     new text begin (6) disclosure of: new text end 206.5     new text begin (i) whether any controlling or affiliated party has ever been convicted of a crime new text end 206.6 new text begin or found civilly liable for an offense involving moral turpitude, including forgery, new text end 206.7 new text begin embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to new text end 206.8 new text begin defraud, or any other similar offense or violation, or any violation of a federal or state law new text end 206.9 new text begin or regulation in connection with activities relating to the rendition of debt management new text end 206.10 new text begin services or involving any consumer fraud, false advertising, deceptive trade practices, or new text end 206.11 new text begin similar consumer protection law; new text end 206.12     new text begin (ii) any judgments, private or public litigation, tax liens, written complaints, new text end 206.13 new text begin administrative actions, or investigations by any government agency against the applicant new text end 206.14 new text begin or any officer, director, manager, or shareholder owning more than five percent interest new text end 206.15 new text begin in the applicant, unresolved or otherwise, filed or otherwise commenced within the new text end 206.16 new text begin preceding ten years; new text end 206.17     new text begin (iii) whether the applicant or any person employed by the applicant has had a record new text end 206.18 new text begin of having defaulted in the payment of money collected for others, including the discharge new text end 206.19 new text begin of debts through bankruptcy proceedings; and new text end 206.20     new text begin (iv) whether the applicant's license or registration to provide debt management new text end 206.21 new text begin services in any other state has ever been revoked or suspended; new text end 206.22     new text begin (7) a copy of the applicant's standard debt management services agreement that the new text end 206.23 new text begin applicant intends to execute with debtors; new text end 206.24     new text begin (8) proof of accreditation; and new text end 206.25     new text begin (9) any other information and material as the commissioner may require. new text end 206.26     new text begin Subd. 2. new text end new text begin Term and scope of registration. new text end new text begin The registration must remain in full force new text end 206.27 new text begin and effect for one year or until it is surrendered by the registrant or revoked or suspended new text end 206.28 new text begin by the commissioner. The registration is limited solely to the business of providing debt new text end 206.29 new text begin management services. new text end 206.30     new text begin Subd. 3. new text end new text begin Fees. new text end new text begin The registration application must be accompanied by payment of new text end 206.31 new text begin $1,000 as a registration fee. new text end 206.32     new text begin Subd. 4. new text end new text begin Bond. new text end new text begin The registration application must be accompanied by payment of new text end 206.33 new text begin the premium for a surety bond in which the applicant shall be the obligor, in a sum to be new text end 206.34 new text begin determined by the commissioner but not less than $5,000, and in which an insurance new text end 206.35 new text begin company, which is duly authorized by the state of Minnesota to transact the business of new text end 207.1 new text begin fidelity and surety insurance, shall be a surety. However, the commissioner may accept new text end 207.2 new text begin a deposit in cash, or securities that may legally be purchased by savings banks or for new text end 207.3 new text begin trust funds of an aggregate market value equal to the bond requirement, in lieu of the new text end 207.4 new text begin surety bond. The cash or securities must be deposited with the commissioner of finance. new text end 207.5 new text begin The commissioner may also require a fidelity bond in an appropriate amount covering new text end 207.6 new text begin employees of any applicant. Each branch office or additional place of business in this state new text end 207.7 new text begin of an applicant must be bonded as provided in this subdivision. In determining the bond new text end 207.8 new text begin amount necessary for the maintenance of any office, whether it is a surety bond, fidelity new text end 207.9 new text begin bond, or both, the commissioner shall consider the financial responsibility, experience, new text end 207.10 new text begin character, and general fitness of the debt management services provider and its operators new text end 207.11 new text begin and owners; the volume of business handled or proposed to be handled; the location of the new text end 207.12 new text begin office and the geographical area served or proposed to be served; and other information the new text end 207.13 new text begin commissioner may deem pertinent based upon past performance, previous examinations, new text end 207.14 new text begin annual reports, and manner of business conducted in other states. new text end 207.15     new text begin Subd. 5. new text end new text begin Condition of bond. new text end new text begin The bond must run to the state of Minnesota for the new text end 207.16 new text begin use of the state and of any person or persons who may have a cause of action against the new text end 207.17 new text begin obligor arising out of the obligor's activities as a debt management services provider to new text end 207.18 new text begin a debtor domiciled in this state. The bond must be conditioned that the obligor will not new text end 207.19 new text begin commit any fraudulent act and will faithfully conform to and abide by the provisions of new text end 207.20 new text begin this chapter and of all rules lawfully made by the commissioner under this chapter and new text end 207.21 new text begin pay to the state and to any such person or persons any and all money that may become new text end 207.22 new text begin due or owing to the state or to such person or persons from the obligor under and by new text end 207.23 new text begin virtue of this chapter. new text end 207.24     new text begin Subd. 6. new text end new text begin Right of action on bond. new text end new text begin If the registrant has failed to account to a debtor new text end 207.25 new text begin or distribute to the debtor's creditors the amounts required by this chapter and the debt new text end 207.26 new text begin management services agreement between the debtor and registrant, the debtor or the new text end 207.27 new text begin debtor's legal representative or receiver, the commissioner, or the attorney general, shall new text end 207.28 new text begin have, in addition to all other legal remedies, a right of action in the name of the debtor new text end 207.29 new text begin on the bond or the security given under this section, for loss suffered by the debtor, not new text end 207.30 new text begin exceeding the face amount of the bond or security, and without the necessity of joining new text end 207.31 new text begin the registrant in the suit or action. new text end 207.32     new text begin Subd. 7. new text end new text begin Registrant list. new text end new text begin The commissioner must maintain a list of registered debt new text end 207.33 new text begin management services providers. The list must be made available to the public in written new text end 207.34 new text begin form upon request and on the Department of Commerce Web site. new text end 207.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 208.1    Sec. 48. new text begin [332A.05] NONASSIGNMENT OF REGISTRATION. new text end 208.2     new text begin A registration must not be transferred or assigned without the consent of the new text end 208.3 new text begin commissioner. new text end 208.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 208.5    Sec. 49. new text begin [332A.06] RENEWAL OF REGISTRATION. new text end 208.6     new text begin Each year, each registrant under the provisions of this chapter must, not more than new text end 208.7 new text begin 60 nor less than 30 days before its registration is to expire, apply to the commissioner for new text end 208.8 new text begin renewal of its registration on a form prescribed by the commissioner. The application must new text end 208.9 new text begin be signed by the registrant under penalty of perjury, contain current information on all new text end 208.10 new text begin matters required in the original application, and be accompanied by a payment of $250. new text end 208.11 new text begin The registrant must maintain a continuous surety bond that satisfies the requirements of new text end 208.12 new text begin section 332A.04, subdivision 4, provided that the commissioner may require a different new text end 208.13 new text begin amount that is at least equal to the largest amount that has accrued in the registrant's trust new text end 208.14 new text begin account during the previous year. The renewal is effective for one year. new text end 208.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 208.16    Sec. 50. new text begin [332A.07] OTHER DUTIES OF REGISTRANT. new text end 208.17     new text begin Subdivision 1. new text end new text begin Requirement to update information. new text end new text begin A registrant must update any new text end 208.18 new text begin information required by this chapter provided in its original or renewal application not new text end 208.19 new text begin later than 90 days after the date the events precipitating the update occurred. new text end 208.20     new text begin Subd. 2. new text end new text begin Inspection of debtor of registration. new text end new text begin Each registrant must maintain a new text end 208.21 new text begin copy of its registration in its files. The registrant must allow a debtor, upon request, to new text end 208.22 new text begin inspect the registration. new text end 208.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 208.24    Sec. 51. new text begin [332A.08] DENIAL OF REGISTRATION. new text end 208.25     new text begin The commissioner, with notice to the applicant by certified mail sent to the address new text end 208.26 new text begin listed on the application, may deny an application for a registration upon finding that new text end 208.27 new text begin the applicant: new text end 208.28     new text begin (1) has submitted an application required under section 332A.04 that contains new text end 208.29 new text begin incorrect, misleading, incomplete, or materially untrue information. An application is new text end 208.30 new text begin incomplete if it does not include all the information required in section 332A.04; new text end 209.1     new text begin (2) has failed to pay any fee or pay or maintain any bond required by this chapter, new text end 209.2 new text begin or failed to comply with any order, decision, or finding of the commissioner made under new text end 209.3 new text begin and within the authority of this chapter; new text end 209.4     new text begin (3) has violated any provision of this chapter or any rule or direction lawfully made new text end 209.5 new text begin by the commissioner under and within the authority of this chapter; new text end 209.6     new text begin (4) or any controlling or affiliated party has ever been convicted of a crime or found new text end 209.7 new text begin civilly liable for an offense involving moral turpitude, including forgery, embezzlement, new text end 209.8 new text begin obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any new text end 209.9 new text begin other similar offense or violation, or any violation of a federal or state law or regulation new text end 209.10 new text begin in connection with activities relating to the rendition of debt management services or new text end 209.11 new text begin any consumer fraud, false advertising, deceptive trade practices, or similar consumer new text end 209.12 new text begin protection law; new text end 209.13     new text begin (5) has had a registration or license previously revoked or suspended in this state or new text end 209.14 new text begin any other state or the applicant or licensee has been permanently or temporarily enjoined new text end 209.15 new text begin by any court of competent jurisdiction from engaging in or continuing any conduct or new text end 209.16 new text begin practice involving any aspect of the debt management services provider business; or new text end 209.17 new text begin any controlling or affiliated party has been an officer, director, manager, or shareholder new text end 209.18 new text begin owning more than a ten percent interest in a debt management services provider whose new text end 209.19 new text begin registration has previously been revoked or suspended in this state or any other state, or new text end 209.20 new text begin who has been permanently or temporarily enjoined by any court of competent jurisdiction new text end 209.21 new text begin from engaging in or continuing any conduct or practice involving any aspect of the debt new text end 209.22 new text begin management services provider business; new text end 209.23     new text begin (6) has made any false statement or representation to the commissioner; new text end 209.24     new text begin (7) is insolvent; new text end 209.25     new text begin (8) refuses to fully comply with an investigation or examination of the debt new text end 209.26 new text begin management services provider by the commissioner; new text end 209.27     new text begin (9) has improperly withheld, misappropriated, or converted any money or properties new text end 209.28 new text begin received in the course of doing business; new text end 209.29     new text begin (10) has failed to have a trust account with an actual cash balance equal to or greater new text end 209.30 new text begin than the sum of the escrow balances of each debtor's account; new text end 209.31     new text begin (11) has defaulted in making payments to creditors on behalf of debtors as required new text end 209.32 new text begin by agreements between the provider and debtor; or new text end 209.33     new text begin (12) has used fraudulent, coercive, or dishonest practices, or demonstrated new text end 209.34 new text begin incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere. new text end 209.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 210.1    Sec. 52. new text begin [332A.09] SUSPENDING, REVOKING, OR REFUSING TO RENEW new text end 210.2 new text begin REGISTRATION. new text end 210.3     new text begin Subdivision 1. new text end new text begin Procedure. new text end new text begin The commissioner may revoke, suspend, or refuse new text end 210.4 new text begin to renew any registration issued under this chapter, or may levy a civil penalty under new text end 210.5 new text begin section 45.027, or any combination of actions, if the debt management services provider new text end 210.6 new text begin or any controlling or affiliated person has committed any act or omission for which the new text end 210.7 new text begin commissioner could have refused to issue an initial registration or renew an existing new text end 210.8 new text begin registration. Revocation of or refusal to renew a registration must be upon notice and new text end 210.9 new text begin hearing as prescribed in the Administrative Procedure Act, sections 14.57 to 14.69. The new text end 210.10 new text begin notice must set a time for hearing before the commissioner not less than 20 nor more than new text end 210.11 new text begin 30 days after service of the notice, provided the registrant may waive the 20-day minimum. new text end 210.12 new text begin The commissioner may, in the notice, suspend the registration for a period not to exceed 60 new text end 210.13 new text begin days. Unless the notice states that the registration is suspended, pending the determination new text end 210.14 new text begin of the main issue, the registrant may continue to transact business until the final decision of new text end 210.15 new text begin the commissioner. If the registration is suspended, the commissioner shall hold a hearing new text end 210.16 new text begin and render a final determination within ten days of a request by the registrant. If the new text end 210.17 new text begin commissioner fails to do so, the suspension shall terminate and be of no force or effect. new text end 210.18     new text begin Subd. 2. new text end new text begin Notification of interested persons. new text end new text begin After the notice and hearing required new text end 210.19 new text begin in subdivision 1, upon issuing an order suspending or revoking a registration or refusing to new text end 210.20 new text begin renew a registration, the commissioner may notify all individuals who have contracts with new text end 210.21 new text begin the affected registrant and all creditors who have agreed to a debt management services new text end 210.22 new text begin plan that the registration has been revoked and that the order is subject to appeal. new text end 210.23     new text begin Subd. 3. new text end new text begin Receiver for funds of sanctioned registrant. new text end new text begin When an order is issued new text end 210.24 new text begin revoking or refusing to renew a registration, the commissioner may apply for, and the new text end 210.25 new text begin district court must appoint, a receiver to temporarily or permanently receive the assets of new text end 210.26 new text begin the registrant pending a final determination of the validity of the order. new text end 210.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 210.28    Sec. 53. new text begin [332A.10] WRITTEN DEBT MANAGEMENT SERVICES new text end 210.29 new text begin AGREEMENT. new text end 210.30     new text begin Subdivision 1. new text end new text begin Written agreement required. new text end new text begin A debt management services provider new text end 210.31 new text begin may not perform any debt management services or receive any money related to a debt new text end 210.32 new text begin management services plan until the provider has obtained a debt management services new text end 210.33 new text begin agreement that contains all terms of the agreement between the debt management services new text end 210.34 new text begin provider and the debtor. A debt management services agreement must be in writing, dated, new text end 211.1 new text begin and signed by the debt management services provider and the debtor. The registrant must new text end 211.2 new text begin furnish the debtor with a copy of the signed contract upon execution. new text end 211.3     new text begin Subd. 2. new text end new text begin Actions prior to written agreement. new text end new text begin No person may provide debt new text end 211.4 new text begin management services for a debtor unless the person first has: new text end 211.5     new text begin (1) provided the debtor individualized counseling and educational information new text end 211.6 new text begin that, at a minimum, addresses managing household finances, managing credit and debt, new text end 211.7 new text begin budgeting, and personal savings strategies; new text end 211.8     new text begin (2) prepared in writing and provided to the debtor, in a form that the debtor may new text end 211.9 new text begin keep, an individualized financial analysis and a proposed debt management services new text end 211.10 new text begin plan listing the debtor's known debts with specific recommendations regarding actions new text end 211.11 new text begin the debtor should take to reduce or eliminate the amount of the debts, including written new text end 211.12 new text begin disclosure that debt management services are not suitable for all debtors and that there are new text end 211.13 new text begin other ways, including bankruptcy, to deal with indebtedness; new text end 211.14     new text begin (3) made a determination supported by an individualized financial analysis that the new text end 211.15 new text begin debtor can reasonably meet the requirements of the proposed debt management services new text end 211.16 new text begin plan and that there is a net tangible benefit to the debtor of entering into the proposed debt new text end 211.17 new text begin management services plan; and new text end 211.18     new text begin (4) prepared, in a form the debtor may keep, a written list identifying all known new text end 211.19 new text begin creditors of the debtor that the provider reasonably expects to participate in the plan new text end 211.20 new text begin and the creditors, including secured creditors, that the provider reasonably expects not new text end 211.21 new text begin to participate. new text end 211.22     new text begin Subd. 3. new text end new text begin Required terms. new text end new text begin (a) Each debt management services agreement must new text end 211.23 new text begin contain the following terms, which must be disclosed prominently and clearly in bold print new text end 211.24 new text begin on the front page of the agreement, segregated by bold lines from all other information on new text end 211.25 new text begin the page: new text end 211.26     new text begin (1) the fee amount to be paid by the debtor and whether the initial fee amount is new text end 211.27 new text begin refundable or nonrefundable; new text end 211.28     new text begin (2) the monthly fee amount or percentage to be paid by the debtor; and new text end 211.29     new text begin (3) the total amount of fees reasonably anticipated to be paid by the debtor over new text end 211.30 new text begin the term of the agreement. new text end 211.31     new text begin (b) Each debt management services agreement must also contain the following: new text end 211.32     new text begin (1) a disclosure that if the amount of debt owed is increased by interest, late fees, new text end 211.33 new text begin over the limit fees, and other amounts imposed by the creditors, the length of the debt new text end 211.34 new text begin management services agreement will be extended and remain in force and that the total new text end 212.1 new text begin dollar charges agreed upon may increase at the rate agreed upon in the original contract new text end 212.2 new text begin agreement; new text end 212.3     new text begin (2) a prominent statement describing the terms upon which the debtor may cancel new text end 212.4 new text begin the contract as set forth in section 332A.11; new text end 212.5     new text begin (3) a detailed description of all services to be performed by the debt management new text end 212.6 new text begin services provider for the debtor; new text end 212.7     new text begin (4) the debt management services provider's refund policy; and new text end 212.8     new text begin (5) the debt management services provider's principal business address and the name new text end 212.9 new text begin and address of its agent in this state authorized to receive service of process. new text end 212.10     new text begin Subd. 4. new text end new text begin Prohibited terms. new text end new text begin The following terms shall not be included in the debt new text end 212.11 new text begin management services agreement: new text end 212.12     new text begin (1) a hold harmless clause; new text end 212.13     new text begin (2) a confession of judgment, or a power of attorney to confess judgment against the new text end 212.14 new text begin debtor or appear as the debtor in any judicial proceeding; new text end 212.15     new text begin (3) a waiver of the right to a jury trial, if applicable, in any action brought by new text end 212.16 new text begin or against a debtor; new text end 212.17     new text begin (4) an assignment of or an order for payment of wages or other compensation for new text end 212.18 new text begin services; new text end 212.19     new text begin (5) a provision in which the debtor agrees not to assert any claim or defense arising new text end 212.20 new text begin out of the debt management services agreement; new text end 212.21     new text begin (6) a waiver of any provision of this chapter or a release of any obligation required new text end 212.22 new text begin to be performed on the part of the debt management services provider; or new text end 212.23     new text begin (7) a mandatory arbitration clause. new text end 212.24     new text begin Subd. 5. new text end new text begin New debt management services agreements; modification of existing new text end 212.25 new text begin agreements. new text end new text begin (a) Separate and additional debt management services agreements that new text end 212.26 new text begin comply with this chapter may be entered into by the debt management services provider new text end 212.27 new text begin and the debtor provided that no additional initial fee may be charged by the debt new text end 212.28 new text begin management services provider. new text end 212.29     new text begin (b) Any modification of an existing debt management services agreement, including new text end 212.30 new text begin any increase in the number or amount of debts included in the debt management service, new text end 212.31 new text begin must be in writing and signed by both parties. No fees, charges, or other consideration new text end 212.32 new text begin may be demanded from the debtor for the modification, other than an increase in the new text end 212.33 new text begin amount of the monthly maintenance fee established in the original debt management new text end 212.34 new text begin services agreement. new text end 212.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 213.1    Sec. 54. new text begin [332A.11] RIGHT TO CANCEL. new text end 213.2     new text begin Subdivision 1. new text end new text begin Debtor's right to cancel. new text end new text begin A debtor has the right to cancel the debt new text end 213.3 new text begin management services agreement without cause at any time upon ten days' written notice to new text end 213.4 new text begin the debt management services provider. In the event of cancellation, the debt management new text end 213.5 new text begin services provider must, within ten days of the cancellation, notify the debtor's creditors of new text end 213.6 new text begin the cancellation and provide a refund of all unexpended funds paid by or for the debtor to new text end 213.7 new text begin the debt management services provider. new text end 213.8     new text begin Subd. 2. new text end new text begin Notice of debtor's right to cancel. new text end new text begin A debt management services new text end 213.9 new text begin agreement must contain, on its face, in an easily readable typeface immediately adjacent new text end 213.10 new text begin to the space for signature by the debtor, the following notice: "Right To Cancel: You have new text end 213.11 new text begin the right to cancel this contract at any time on ten days' written notice." new text end 213.12     new text begin Subd. 3. new text end new text begin Automatic termination. new text end new text begin Upon the payment of all listed debts and new text end 213.13 new text begin fees, the debt management services agreement must automatically terminate, and all new text end 213.14 new text begin unexpended funds paid by or for the debtor to the debt management services provider new text end 213.15 new text begin must be immediately returned to the debtor. new text end 213.16     new text begin Subd. 4. new text end new text begin Debt management services provider's right to cancel. new text end new text begin A debt new text end 213.17 new text begin management services provider may cancel a debt management services agreement new text end 213.18 new text begin with good cause upon 30 days' written notice to the debtor. Within ten days after the new text end 213.19 new text begin cancellation, the debt management services provider must: (1) notify the debtor's creditors new text end 213.20 new text begin of the cancellation; and (2) return to the debtor all unexpended funds paid by or for the new text end 213.21 new text begin debtor. new text end 213.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 213.23    Sec. 55. new text begin [332A.12] BOOKS, RECORDS, AND INFORMATION. new text end 213.24     new text begin Subdivision 1. new text end new text begin Records retention. new text end new text begin Every registrant must keep, and use in the new text end 213.25 new text begin registrant's business, such books, accounts, and records, including electronic records, as new text end 213.26 new text begin will enable the commissioner to determine whether the registrant is complying with this new text end 213.27 new text begin chapter and of the rules, orders, and directives adopted by the commissioner under this new text end 213.28 new text begin chapter. Every registrant must preserve such books, accounts, and records for at least six new text end 213.29 new text begin years after making the final entry on any transaction recorded therein. Examinations of new text end 213.30 new text begin the books, records, and method of operations conducted under the supervision of the new text end 213.31 new text begin commissioner shall be done at the cost of the registrant. The cost must be assessed as new text end 213.32 new text begin determined under section 46.131. new text end 214.1     new text begin Subd. 2. new text end new text begin Statements to debtors. new text end new text begin Each registrant must maintain and must make new text end 214.2 new text begin available records and accounts that will enable each debtor to ascertain the amounts new text end 214.3 new text begin paid to the creditors of the debtor. A statement showing amounts received from the new text end 214.4 new text begin debtor, disbursements to each creditor, amounts which any creditor has agreed to accept new text end 214.5 new text begin as payment in full for any debt owed the creditor by the debtor, charges deducted by new text end 214.6 new text begin the registrant, and such other information as the commissioner may prescribe, must be new text end 214.7 new text begin furnished by the registrant to the debtor at least monthly and, in addition, upon any new text end 214.8 new text begin cancellation or termination of the contract. In addition to the statements required by this new text end 214.9 new text begin subdivision, each debtor must have reasonable access, without cost, by electronic or other new text end 214.10 new text begin means, to information in the registrant's files applicable to the debtor. These statements, new text end 214.11 new text begin records, and accounts must otherwise remain confidential except for duly authorized state new text end 214.12 new text begin and government officials, the commissioner, the attorney general, the debtor, and the new text end 214.13 new text begin debtor's representative and designees. Each registrant must prepare and retain in the file of new text end 214.14 new text begin each debtor a written analysis of the debtor's income and expenses to substantiate that the new text end 214.15 new text begin plan of payment is feasible and practicable. new text end 214.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 214.17    Sec. 56. new text begin [332A.13] FEES, PAYMENTS, AND CONSENT OF CREDITORS. new text end 214.18     new text begin Subdivision 1. new text end new text begin Origination fee. new text end new text begin The registrant may charge a nonrefundable new text end 214.19 new text begin origination fee of not more than $50, which may be retained by the registrant from the new text end 214.20 new text begin initial amount paid by the debtor to the registrant. new text end 214.21     new text begin Subd. 2. new text end new text begin Monthly maintenance fee. new text end new text begin The registrant may charge a periodic fee for new text end 214.22 new text begin account maintenance or other purposes, but only if the fee is reasonable for the services new text end 214.23 new text begin provided and does not exceed the lesser of 15 percent of the monthly payment amount or new text end 214.24 new text begin $75. new text end 214.25     new text begin Subd. 3. new text end new text begin Additional fees unauthorized. new text end new text begin A registrant may not impose any fee or new text end 214.26 new text begin other charge or receive any funds or other payment other than the initial fee or monthly new text end 214.27 new text begin maintenance fee authorized by this section. new text end 214.28     new text begin Subd. 4. new text end new text begin Amount of periodic payments retained. new text end new text begin The registrant may retain as new text end 214.29 new text begin payment for the fees authorized by this section no more than 15 percent of any periodic new text end 214.30 new text begin payment made to the registrant by the debtor. The remaining 85 percent must be disbursed new text end 214.31 new text begin to listed creditors under and in accordance with the debt management services agreement. new text end 214.32 new text begin No fees or charges may be received or retained by the registrant for any handling of new text end 214.33 new text begin recurring payments. Recurring payments include current rent, mortgage, utility, telephone, new text end 215.1 new text begin maintenance as defined in section 518.27, child support, insurance premiums, and such new text end 215.2 new text begin other payments as the commissioner may by rule prescribe. new text end 215.3     new text begin Subd. 5. new text end new text begin Advance payments. new text end new text begin No fees or charges may be received or retained for new text end 215.4 new text begin any payments by the debtor made more than the following number of days in advance new text end 215.5 new text begin of the date specified in the debt management services agreement on which they are due: new text end 215.6 new text begin (1) 42 days in the case of contracts requiring monthly payments; (2) 15 days in the case new text end 215.7 new text begin of agreements requiring biweekly payments; or (3) seven days in the case of agreements new text end 215.8 new text begin requiring weekly payments. For those agreements which do not require payments in new text end 215.9 new text begin specified amounts, a payment is deemed an advance payment to the extent it exceeds new text end 215.10 new text begin twice the average regular payment previously made by the debtor under that contract. This new text end 215.11 new text begin subdivision does not apply when the debtor intends to use the advance payments to satisfy new text end 215.12 new text begin future payment of obligations due within 30 days under the contract. This subdivision new text end 215.13 new text begin supersedes any inconsistent provision of this chapter. new text end 215.14     new text begin Subd. 6. new text end new text begin Consent of creditors. new text end new text begin A registrant must actively seek to obtain the consent new text end 215.15 new text begin of all creditors to the debt management services plan set forth in the debt management new text end 215.16 new text begin services agreement. Consent by a creditor may be express and in writing, or may be new text end 215.17 new text begin evidenced by acceptance of a payment made under the debt management services plan new text end 215.18 new text begin set forth in the contract. The registrant must notify the debtor within ten days after any new text end 215.19 new text begin failure to obtain the required consent and of the debtor's right to cancel without penalty. new text end 215.20 new text begin The notice must be in a form as the commissioner shall prescribe. Nothing contained in new text end 215.21 new text begin this section is deemed to require the return of any origination fee and any fees earned by new text end 215.22 new text begin the registrant prior to cancellation or default. new text end 215.23     new text begin Subd. 7. new text end new text begin Withdrawal of creditor. new text end new text begin Whenever a creditor withdraws from a debt new text end 215.24 new text begin management services plan, or refuses to participate in a debt management services plan, new text end 215.25 new text begin the registrant must promptly notify the debtor of the withdrawal or refusal. In no case may new text end 215.26 new text begin this notice be provided more than 15 days after the debt management services provider new text end 215.27 new text begin learns of the creditor's decision to withdraw from or refuse to participate in a plan. This new text end 215.28 new text begin notice must include the identity of the creditor withdrawing from the plan, the amount of new text end 215.29 new text begin the monthly payment to that creditor, and the right of the debtor to cancel the agreement new text end 215.30 new text begin under section 332A.11. new text end 215.31     new text begin Subd. 8. new text end new text begin Payments held in trust. new text end new text begin The registrant must maintain a separate trust new text end 215.32 new text begin account and deposit in the account all payments received from the moment that they are new text end 215.33 new text begin received, except that the registrant may commingle the payment with the registrant's new text end 215.34 new text begin own property or funds, but only to the extent necessary to ensure the maintenance of a new text end 215.35 new text begin minimum balance if the financial institution at which the trust account is held requires new text end 216.1 new text begin a minimum balance to avoid the assessment of fees or penalties for failure to maintain new text end 216.2 new text begin a minimum balance. All disbursements, whether to the debtor or to the creditors of the new text end 216.3 new text begin debtor, or to the registrant, must be made from such account. new text end 216.4     new text begin Subd. 9. new text end new text begin Timely payment of creditors. new text end new text begin The registrant must disburse any funds paid new text end 216.5 new text begin by or on behalf of a debtor to creditors of the consumer within 42 days after receipt of new text end 216.6 new text begin the funds, or earlier if necessary to comply with the due date in the agreement between new text end 216.7 new text begin the debtor and the creditor, unless the reasonable payment of one or more of the debtor's new text end 216.8 new text begin obligations requires that the funds be held for a longer period so as to accumulate a sum new text end 216.9 new text begin certain, or where the debtor's payment is returned for insufficient funds or other reason new text end 216.10 new text begin that makes the withholding of such payments in the net interest of the debtor. new text end 216.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 216.12    Sec. 57. new text begin [332A.14] PROHIBITIONS. new text end 216.13     new text begin A registrant shall not: new text end 216.14     new text begin (1) purchase from a creditor any obligation of a debtor; new text end 216.15     new text begin (2) use, threaten to use, seek to have used, or seek to have threatened the use of any new text end 216.16 new text begin legal process, including but not limited to garnishment and repossession of personal new text end 216.17 new text begin property, against any debtor while the debt management services agreement between the new text end 216.18 new text begin registrant and the debtor remains executory; new text end 216.19     new text begin (3) advise a debtor to stop paying a creditor until a debt management services plan is new text end 216.20 new text begin in place; new text end 216.21     new text begin (4) require as a condition of performing debt management services the purchase of new text end 216.22 new text begin any services, stock, insurance, commodity, or other property or any interest therein either new text end 216.23 new text begin by the debtor or the registrant; new text end 216.24     new text begin (5) compromise any debts unless the prior written approval of the debtor has been new text end 216.25 new text begin obtained to such compromise and unless such compromise inures solely to the benefit new text end 216.26 new text begin of the debtor; new text end 216.27     new text begin (6) receive from any debtor as security or in payment of any fee a promissory note new text end 216.28 new text begin or other promise to pay or any mortgage or other security, whether as to real or personal new text end 216.29 new text begin property; new text end 216.30     new text begin (7) lend money or provide credit to any debtor if any interest or fee is charged, new text end 216.31 new text begin or directly or indirectly collect any fee for referring, advising, procuring, arranging, or new text end 216.32 new text begin assisting a consumer in obtaining any extension of credit or other debtor service from a new text end 216.33 new text begin lender or debt management services provider; new text end 216.34     new text begin (8) structure a debt management services agreement that would result in negative new text end 216.35 new text begin amortization of any debt in the plan; new text end 217.1     new text begin (9) engage in any unfair, deceptive, or unconscionable act or practice in connection new text end 217.2 new text begin with any service provided to any debtor; new text end 217.3     new text begin (10) offer, pay, or give any material cash fee, gift, bonus, premium, reward, or other new text end 217.4 new text begin compensation to any person for referring any prospective customer to the registrant or for new text end 217.5 new text begin enrolling a debtor in a debt management services plan, or provide any other incentives new text end 217.6 new text begin for employees or agents of the debt management services provider to induce debtors to new text end 217.7 new text begin enter into a debt management services plan; new text end 217.8     new text begin (11) receive any cash, fee, gift, bonus, premium, reward, or other compensation new text end 217.9 new text begin from any person other than the debtor or a person on the debtor's behalf in connection new text end 217.10 new text begin with activities as a registrant, provided that this paragraph does not apply to a registrant new text end 217.11 new text begin which is a bona fide nonprofit corporation duly organized under chapter 317A or under new text end 217.12 new text begin the similar laws of another state; new text end 217.13     new text begin (12) enter into a contract with a debtor unless a thorough written budget analysis new text end 217.14 new text begin indicates that the debtor can reasonably meet the requirements of the financial adjustment new text end 217.15 new text begin plan and will be benefited by the plan; new text end 217.16     new text begin (13) in any way charge or purport to charge or provide any debtor credit insurance in new text end 217.17 new text begin conjunction with any contract or agreement involved in the debt management services new text end 217.18 new text begin plan; new text end 217.19     new text begin (14) operate or employ a person who is an employee or owner of a collection agency new text end 217.20 new text begin or process-serving business; or new text end 217.21     new text begin (15) solicit, demand, collect, require, or attempt to require payment of a sum that the new text end 217.22 new text begin registrant states, discloses, or advertises to be a voluntary contribution from the debtor. new text end 217.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 217.24    Sec. 58. new text begin [332A.16] ADVERTISEMENT OF DEBT MANAGEMENT SERVICES new text end 217.25 new text begin PLANS. new text end 217.26     new text begin No debt management services provider may make false, deceptive, or misleading new text end 217.27 new text begin statements or omissions about the rates, terms, or conditions of an actual or proposed new text end 217.28 new text begin debt management services plan or its debt management services, or create the likelihood new text end 217.29 new text begin of consumer confusion or misunderstanding regarding its services, including but not new text end 217.30 new text begin limited to the following: new text end 217.31     new text begin (1) represent that the debt management services provider is a nonprofit, not-for-profit, new text end 217.32 new text begin or has similar status or characteristics if some or all of the debt management services will new text end 217.33 new text begin be provided by a for-profit company that is a controlling or affiliated party to the debt new text end 217.34 new text begin management services provider; or new text end 218.1     new text begin (2) make any communication that gives the impression that the debt management new text end 218.2 new text begin services provider is acting on behalf of a government agency. new text end 218.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 218.4    Sec. 59. new text begin [332A.17] DEBT MANAGEMENT SERVICES AGREEMENT new text end 218.5 new text begin RESCISSION. new text end 218.6     new text begin Any debtor has the right to rescind any debt management services agreement with new text end 218.7 new text begin a debt management services provider that commits a material violation of this chapter. new text end 218.8 new text begin On rescission, all fees paid to the debt management services provider or any other person new text end 218.9 new text begin other than creditors of the debtor must be returned to the debtor entering into the debt new text end 218.10 new text begin management services agreement within ten days of rescission of the debt management new text end 218.11 new text begin services agreement. new text end 218.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 218.13    Sec. 60. new text begin [332A.18] ENFORCEMENT; REMEDIES. new text end 218.14     new text begin Subdivision 1. new text end new text begin Violation a deceptive practice. new text end new text begin A violation of any of the provisions new text end 218.15 new text begin of this chapter is considered an unfair or deceptive trade practice under section 8.31, new text end 218.16 new text begin subdivision 1. A private right of action under section 8.31 by an aggrieved debtor is in new text end 218.17 new text begin the public interest. new text end 218.18     new text begin Subd. 2. new text end new text begin Private right of action. new text end new text begin (a) A debt management services provider who new text end 218.19 new text begin fails to comply with any of the provisions of this chapter is liable under this section in an new text end 218.20 new text begin individual action for the sum of (i) actual, incidental, and consequential damages sustained new text end 218.21 new text begin by the debtor as a result of the failure; and (ii) statutory damages of up to $1,000. new text end 218.22     new text begin (b) A debt management services provider who fails to comply with any of the new text end 218.23 new text begin provisions of this chapter is liable to the named plaintiffs under this section in a class new text end 218.24 new text begin action for the amount that each named plaintiff could recover under paragraph (a), clause new text end 218.25 new text begin (i), and to the other class members for such amount as the court may allow. new text end 218.26     new text begin (c) In determining the amount of statutory damages, the court shall consider, among new text end 218.27 new text begin other relevant factors: new text end 218.28     new text begin (1) the frequency, nature, and persistence of noncompliance; new text end 218.29     new text begin (2) the extent to which the noncompliance was intentional; and new text end 218.30     new text begin (3) in the case of a class action, the number of debtors adversely affected. new text end 218.31     new text begin (d) A plaintiff or class successful in a legal or equitable action under this section is new text end 218.32 new text begin entitled to the costs of the action, plus reasonable attorney fees. new text end 219.1     new text begin Subd. 3. new text end new text begin Injunctive relief. new text end new text begin A debtor may sue a debt management services provider new text end 219.2 new text begin for temporary or permanent injunctive or other appropriate equitable relief to prevent new text end 219.3 new text begin violations of any provision of this chapter. A court must grant injunctive relief on a new text end 219.4 new text begin showing that the debt management services provider has violated any provision of this new text end 219.5 new text begin chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to new text end 219.6 new text begin prevail on allegations that the debt management services provider violated any provision new text end 219.7 new text begin of this chapter. new text end 219.8     new text begin Subd. 4. new text end new text begin Remedies cumulative. new text end new text begin The remedies provided in this section are new text end 219.9 new text begin cumulative and do not restrict any remedy that is otherwise available. The provisions new text end 219.10 new text begin of this chapter are not exclusive and are in addition to any other requirements, rights, new text end 219.11 new text begin remedies, and penalties provided by law. new text end 219.12     new text begin Subd. 5. new text end new text begin Public enforcement. new text end new text begin The attorney general shall enforce this chapter new text end 219.13 new text begin under section 8.31. new text end 219.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 219.15    Sec. 61. new text begin [332A.19] INVESTIGATION. new text end 219.16     new text begin At any reasonable time, the commissioner may examine the books and records of new text end 219.17 new text begin every registrant and of any person engaged in the business of providing debt management new text end 219.18 new text begin services as defined in section 332A.02. The commissioner once during any calendar year new text end 219.19 new text begin may require the submission of an audit prepared by a certified public accountant of the new text end 219.20 new text begin books and records of each registrant. If the registrant has, within one year previous to the new text end 219.21 new text begin commissioner's demand, had an audit prepared for some other purpose, this audit may be new text end 219.22 new text begin submitted to satisfy the requirement of this section. The commissioner may investigate new text end 219.23 new text begin any complaint concerning violations of this chapter and may require the attendance and new text end 219.24 new text begin sworn testimony of witnesses and the production of documents. new text end 219.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 219.26    Sec. 62. new text begin LICENSE RENEWAL EXTENSION. new text end 219.27     new text begin The July 31, 2007, renewal date for mortgage originators is extended to October 30, new text end 219.28 new text begin 2007, because of the changes to the licensing requirements made by this article. new text end 219.29    Sec. 63. new text begin DELAYED LICENSE RENEWAL DATE FOR REAL ESTATE new text end 219.30 new text begin BROKERS AND SALESPERSONS. new text end 219.31     new text begin The June 30, 2007, renewal date for licenses of real estate brokers and salespersons new text end 219.32 new text begin is extended to August 31, 2007, due to the technology surcharge created in this act. new text end 220.1    Sec. 64. new text begin REPEALER. new text end 220.2 new text begin (a) new text end new text begin Minnesota Statutes 2006, sections 46.043; 47.62, subdivision 5; and 58.08, new text end 220.3 new text begin subdivision 1, new text end new text begin are repealed. new text end 220.4 new text begin (b) new text end new text begin Minnesota Statutes 2006, sections 332.12; 332.13; 332.14; 332.15; 332.16; new text end 220.5 new text begin 332.17; 332.18; 332.19; 332.20; 332.21; 332.22; 332.23; 332.24; 332.25; 332.26; 332.27; new text end 220.6 new text begin 332.28; and 332.29, new text end new text begin are repealed effective January 1, 2008. new text end " 220.7Delete the title and insert: 220.8"A bill for an act 220.9relating to state government; appropriating money for environment, natural 220.10resources, energy, and commerce; modifying provisions related to agency service 220.11requirements, land acquisition, authorized sales, railroad prairie right-of-ways, 220.12county and municipality comprehensive plans, off-highway vehicles, prairie 220.13plant seed production, invasive species, state recreation areas, canoe routes, 220.14timber sales, mineral payments, wetlands, individual sewage treatment systems, 220.15and genetically engineered organisms; providing for venison donation, plant and 220.16tree pest control, community forest management, penalty orders, and local water 220.17management oversight; modifying disposition of certain revenue; modifying 220.18definitions; authorizing and requiring rulemaking; modifying certain license 220.19requirements; modifying and establishing certain fees and surcharges; modifying 220.20and creating certain accounts and funds; extending sunset of provisions related to 220.21sustainable forest resources and the Mineral Coordinating Committee; modifying 220.22authority of watershed district managers and soil and water conservation district 220.23supervisors; providing for ditch buffers, a clean energy program, environmental 220.24health tracking and biomonitoring, regulation of polybrominated diphenyl 220.25ethers, classification of state forests, trail designation, forest protection, and 220.26lease of certain tax-forfeited land; exempting certain exchanged land from the 220.27tax-forfeited land assurance fee; establishing a wildlife management area; 220.28designating state energy city; creating energy savings incentive and propane 220.29prepurchase programs; modifying provisions for nuclear waste storage, public 220.30utilities, cold weather rule, renewable energy research and production incentives, 220.31hydrogen energy, the Legislative Electric Energy Task Force, and energy 220.32planning; providing for intervenor compensation, low-income affordability 220.33programs, clean resource teams, hydrogen refueling station grants, and carbon 220.34sequestration studies; providing for certain power producing facilities in St. 220.35Paul and Winona; modifying or adding provisions relating to vehicle protection 220.36products, debt management services, long-term care insurance training, financial 220.37institutions, securities regulation, mortgage originators, and low-income 220.38weatherization and energy assistance programs; requiring studies and reports; 220.39providing civil penalties;amending Minnesota Statutes 2006, sections 10A.01, 220.40subdivision 35; 13.712, by adding a subdivision; 15.99, subdivision 3; 16A.531, 220.41subdivision 1a; 17.4984, subdivision 1; 18G.03, by adding a subdivision; 220.4218G.11; 45.011, subdivision 1; 46.04, subdivision 1; 46.05; 46.131, subdivision 220.432; 47.19; 47.59, subdivision 6; 47.60, subdivision 2; 47.62, subdivision 1; 220.4447.75, subdivision 1; 48.15, subdivision 4; 58.04, subdivision 1; 58.05; 58.06, 220.45subdivision 2, by adding a subdivision; 58.08, subdivision 3; 58.10, subdivision 220.461; 60K.55, subdivision 2; 80A.28, subdivision 1; 80A.65, subdivision 1; 220.4782.24, subdivisions 1, 4; 82B.09, subdivision 1; 84.025, subdivision 9; 84.026, 220.48subdivision 1; 84.027, by adding a subdivision; 84.0272, by adding a subdivision; 220.4984.0855, subdivisions 1, 2; 84.777; 84.780; 84.922, subdivisions 1a, 5; 84.927, 220.50subdivision 2; 84.963; 84D.02, by adding a subdivision; 84D.03, subdivision 1; 220.5184D.12, subdivisions 1, 3; 84D.13, subdivision 7; 84D.14; 85.013, by adding 220.52a subdivision; 85.054, by adding a subdivision; 85.32, subdivision 1; 86B.706, 221.1subdivision 2; 88.01, by adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 221.289.001, subdivision 8, by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.22, 221.3subdivision 2; 89.51, subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, 221.4subdivisions 1, 3; 89.57; 89.58; 89.59; 89.60; 89.61; 89A.11; 90.161, by adding a 221.5subdivision; 93.0015, subdivision 3; 93.22, subdivision 1; 97A.045, by adding a 221.6subdivision; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.133, 221.7by adding a subdivision; 97A.205; 97A.405, subdivision 2; 97A.411, subdivision 221.81; 97A.451, subdivision 3a; 97A.465, by adding subdivisions; 97A.473, 221.9subdivisions 3, 5; 97A.475, subdivisions 3, 7, 11, 12, by adding a subdivision; 221.1097A.485, subdivision 7; 97B.601, subdivision 3; 97B.715, subdivision 1; 221.1197B.801; 97C.081, subdivision 3; 97C.355, subdivision 2; 103B.101, by adding 221.12a subdivision; 103C.321, by adding a subdivision; 103D.325, by adding a 221.13subdivision; 103E.021, subdivisions 1, 2, 3, by adding a subdivision; 103E.315, 221.14subdivision 8; 103E.321, subdivision 1; 103E.701, by adding a subdivision; 221.15103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2; 103G.222, subdivisions 221.161, 3; 103G.2241, subdivisions 1, 2, 3, 6, 9, 11; 103G.2242, subdivisions 2, 221.172a, 9, 12, 15; 103G.2243, subdivision 2; 103G.235; 103G.301, subdivision 2; 221.18115.55, subdivisions 1, 2, 3, by adding a subdivision; 116C.775; 116C.777; 221.19116C.779, subdivision 1; 116C.92; 116C.94, subdivision 1; 116C.97, subdivision 221.202; 118A.03, subdivision 2; 216B.097, subdivisions 1, 3; 216B.098, subdivision 4; 221.21216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.812, subdivisions 221.221, 2; 216C.051, subdivisions 2, 9; 216C.052, by adding a subdivision; 216C.41, 221.23subdivision 3; 219.99; 239.101, subdivision 3; 282.04, subdivision 1; 325E.311, 221.24subdivision 6; 325N.01; 332.54, subdivision 7; 394.23; 462.353, subdivision 2; 221.25Laws 2003, chapter 128, article 1, sections 167, subdivision 1, as amended; 221.26169; Laws 2006, chapter 236, article 1, section 21; proposing coding for new 221.27law in Minnesota Statutes, chapters 16C; 17; 45; 58; 60K; 84; 84D; 85; 89; 97B; 221.28103B; 103E; 103F; 144; 173; 216B; 216C; 325E; proposing coding for new law 221.29as Minnesota Statutes, chapters 59C; 332A; repealing Minnesota Statutes 2006, 221.30sections 18G.16; 46.043; 47.62, subdivision 5; 58.08, subdivision 1; 85.012, 221.31subdivision 24b; 89.51, subdivision 8; 103G.2241, subdivision 8; 216B.095; 221.32332.12; 332.13; 332.14; 332.15; 332.16; 332.17; 332.18; 332.19; 332.20; 332.21; 221.33332.22; 332.23; 332.24; 332.25; 332.26; 332.27; 332.28; 332.29; Minnesota 221.34Rules, parts 7820.1500; 7820.1600; 7820.1700; 7820.1750; 7820.1800; 221.357820.1900; 7820.2000; 7820.2100; 7820.2150; 7820.2200; 7820.2300." We request the adoption of this report and repassage of the bill.Senate Conferees: (Signed) Ellen R. Anderson, Dennis R. Frederickson, Tom Saxhaug, Satveer S. Chaudhary, Patricia Torres RayHouse Conferees: (Signed) Jean Wagenius, Bill Hilty, Rick Hansen, David Dill, Dennis Ozment 222.1 We request the adoption of this report and repassage of the bill. 222.2 Senate Conferees: (Signed) 222.3 222.4 Ellen R. Anderson Dennis R. Frederickson 222.5 222.6 Tom Saxhaug Satveer S. Chaudhary 222.7 222.8 Patricia Torres Ray 222.9 House Conferees: (Signed) 222.10 222.11 Jean Wagenius Bill Hilty 222.12 222.13 Rick Hansen David Dill 222.14 222.15 Dennis Ozment