SF 2096

4th Unofficial Engrossment - 85th Legislature (2007 - 2008)

Posted on 12/15/2009 12:00 a.m.

1.1A bill for an act 1.2relating to state government; appropriating money for activities of the Science 1.3Museum, the Zoological Board, the Departments of Commerce, Natural 1.4Resources, and Health, the Pollution Control Agency, the Public Utilities 1.5Commission, the Board of Water and Soil Resources, the Metropolitan Council, 1.6and the Minnesota Conservation Corps; providing for grants and fund transfers; 1.7modifying disposition of certain revenue; authorizing certain sales; modifying 1.8and creating certain accounts; modifying and establishing certain fees and 1.9surcharges; modifying certain license provisions; establishing an off-highway 1.10vehicle safety and conservation program; defining certain terms; providing for 1.11venison donation; providing for prairie establishment guidance; modifying 1.12Greenleaf Lake State Park provisions; creating the Cuyuna Country State 1.13Recreation Area Citizens Advisory Council; restricting certain off-road vehicle 1.14trails; modifying state park permit requirements; providing for control of tree 1.15pests; modifying timber sale provisions; exempting certain exchanged land from 1.16the tax-forfeited land assurance fee; authorizing certain leases of tax-forfeited 1.17lands; modifying definition of public official; modifying agency service 1.18requirements; creating a grant program; designating a state wildlife management 1.19area; improving oversight of local government water management; modifying 1.20certain authorities and duties; modifying provisions for wetland conservation; 1.21modifying requirements for ditch buffers; modifying provisions for individual 1.22sewage treatment systems; providing for civil enforcement; modifying provisions 1.23for regulating genetically engineered organisms; establishing requirements for 1.24acquisition of easements; modifying access to certain wetlands; modifying trail 1.25designation requirements; eliminating sunset of sustainable forest resources 1.26provisions; authorizing rulemaking; providing for voluntary termination of timber 1.27sale permits; modifying county environmental trust fund provisions; naming 1.28an island in Pelican Lake; modifying or adding provisions relating to financial 1.29institutions, investments of health savings accounts, mortgage originators, the 1.30Vehicle Protection Product Act, long-term care insurance, automobile insurance, 1.31an electronic licensing system and technology fees, allowable forms of collateral, 1.32securities regulation, charges billed by licensed health professionals, allocation 1.33of petroleum inspection fee for low-income weatherization assistance, delivery 1.34of home heating fuel, debt management services, the state energy city, energy 1.35savings, renewable energy research, a renewable hydrogen initiative, the 1.36Legislative Electric Energy Task Force, Clean Energy Resource Teams, landfill 1.37gas recovery, on-farm biogas recovery, nuisance liability of wind energy 1.38conversion systems, rural wind energy, petroleum violation escrow funds for 1.39K-12 school energy projects, renewable energy studies and reports, standards 2.1for hydrogen and fuel cells, hydrogen refueling stations, off-site renewable 2.2distributed generation, biofuel production permits, terrestrial and geologic carbon 2.3sequestration, utility charges and residential customers, the cold weather rule, a 2.4propane prepurchase program, and intervenor compensation for participants in 2.5proceedings before the Public Utilities Commission; modifying radioactive waste 2.6management; modifying public utility resource plan provisions; requiring studies 2.7and reports; providing civil penalties; making technical and clarifying changes; 2.8amending Minnesota Statutes 2006, sections 10A.01, subdivision 35; 13.712, by 2.9adding a subdivision; 15.99, subdivision 3; 16A.531, subdivision 1a; 17.4984, 2.10subdivision 1; 18G.03, by adding a subdivision; 18G.11; 45.011, subdivision 1; 2.1146.04, subdivision 1; 46.05; 46.131, subdivision 2; 47.19; 47.59, subdivision 2.126; 47.60, subdivision 2; 47.62, subdivision 1; 47.75, subdivision 1; 48.15, 2.13subdivision 4; 58.04, subdivisions 1, 2; 58.05; 58.06, subdivision 2, by adding 2.14a subdivision; 58.08, subdivision 3; 58.10, subdivision 1; 60K.55, subdivision 2.152; 65B.44, subdivisions 2, 3, 4, 5; 65B.47, subdivision 7; 65B.54, subdivision 2.161, by adding a subdivision; 72A.201, subdivision 6; 80A.28, subdivision 1; 2.1780A.65, subdivision 1; 82.24, subdivisions 1, 4; 82B.09, subdivision 1; 84.025, 2.18subdivision 9; 84.026, subdivision 1; 84.0272, by adding a subdivision; 84.0855, 2.19subdivisions 1, 2; 84.780; 84.927, subdivision 2; 84.963; 84D.02, by adding a 2.20subdivision; 84D.13, subdivision 7; 84D.14; 85.013, by adding a subdivision; 2.2185.054, subdivision 12, by adding a subdivision; 86B.706, subdivision 2; 88.01, 2.22by adding a subdivision; 88.79, subdivisions 1, 2; 88.82; 89.001, subdivision 8, 2.23by adding subdivisions; 89.01, subdivisions 1, 2, 4; 89.22, subdivision 2; 89.51, 2.24subdivisions 1, 6, 9; 89.52; 89.53; 89.54; 89.55; 89.56, subdivisions 1, 3; 89.57; 2.2589.58; 89.59; 89.60; 89.61; 90.161, by adding a subdivision; 93.22, subdivision 2.261; 97A.055, subdivision 4; 97A.065, by adding a subdivision; 97A.133, by 2.27adding a subdivision; 97A.205; 97A.473, subdivisions 3, 5; 97A.475, subdivision 2.287, by adding a subdivision; 97A.485, subdivision 7; 97C.081, subdivision 2.293; 103B.101, by adding a subdivision; 103C.321, by adding a subdivision; 2.30103D.325, by adding a subdivision; 103E.021, subdivisions 1, 2, 3, by adding a 2.31subdivision; 103E.315, subdivision 8; 103E.321, subdivision 1; 103E.701, by 2.32adding a subdivision; 103E.705, subdivisions 1, 2, 3; 103E.728, subdivision 2.332; 103G.222, subdivisions 1, 3; 103G.2241, subdivisions 1, 2, 3, 6, 9, 11; 2.34103G.2242, subdivisions 2, 2a, 9, 12, 15; 103G.2243, subdivision 2; 103G.235; 2.35103G.301, subdivision 2; 115.55, subdivisions 1, 2, 3, by adding a subdivision; 2.36116C.775; 116C.777; 116C.779, subdivisions 1, 2; 116C.92; 116C.94, 2.37subdivision 1; 116C.97, subdivision 2; 118A.03, subdivision 2; 148.102, by 2.38adding a subdivision; 216B.097, subdivisions 1, 3; 216B.098, subdivision 4; 2.39216B.16, subdivisions 10, 15; 216B.241, subdivision 6; 216B.2422, by adding a 2.40subdivision; 216B.812, subdivisions 1, 2; 216C.051, subdivisions 2, 9; 216C.41, 2.41subdivisions 1, 2, 3; 239.101, subdivision 3; 282.04, subdivision 1; 325E.311, 2.42subdivision 6; 325N.01; 332.54, subdivision 7; 394.23; 462.353, subdivision 2; 2.43Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended; Laws 2.442003, chapter 128, article 1, section 169; Laws 2006, chapter 236, article 1, 2.45section 21; proposing coding for new law in Minnesota Statutes, chapters 1; 16C; 2.4617; 45; 58; 60K; 84; 84D; 85; 89; 97B; 103B; 103E; 103G; 216B; 216C; 325E; 2.47561; proposing coding for new law as Minnesota Statutes, chapters 59C; 332A; 2.48repealing Minnesota Statutes 2006, sections 18G.16; 46.043; 47.62, subdivision 2.495; 58.08, subdivision 1; 85.012, subdivision 24b; 89.51, subdivision 8; 89A.11; 2.50103G.2241, subdivision 8; 216B.095; 332.12; 332.13; 332.14; 332.15; 332.16; 2.51332.17; 332.18; 332.19; 332.20; 332.21; 332.22; 332.23; 332.24; 332.25; 2.52332.26; 332.27; 332.28; 332.29; Minnesota Rules, parts 7831.0100; 7831.0200; 2.537831.0300; 7831.0400; 7831.0500; 7831.0600; 7831.0700; 7831.0800. 2.54BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 3.1ARTICLE 1 3.2ENVIRONMENT AND NATURAL RESOURCES 3.3APPROPRIATIONS 3.4 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 3.5     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 3.6 new text begin in this article. new text end 3.7 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 3.8 new text begin General new text end new text begin $ new text end new text begin 134,588,000 new text end new text begin $ new text end new text begin 137,139,000 new text end new text begin $ new text end new text begin 271,727,000 new text end 3.9 3.10 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 3.11 new text begin Environmental new text end new text begin 61,425,000 new text end new text begin 61,622,000 new text end new text begin 123,047,000 new text end 3.12 new text begin Natural Resources new text end new text begin 79,496,000 new text end new text begin 80,188,000 new text end new text begin 159,684,000 new text end 3.13 new text begin Game and Fish new text end new text begin 90,073,000 new text end new text begin 92,032,000 new text end new text begin 182,105,000 new text end 3.14 new text begin Remediation new text end new text begin 11,666,000 new text end new text begin 11,186,000 new text end new text begin 22,852,000 new text end 3.15 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 3.16 new text begin Total new text end new text begin $ new text end new text begin 377,496,000 new text end new text begin $ new text end new text begin 382,415,000 new text end new text begin $ new text end new text begin 759,911,000 new text end 3.17 Sec. 2. new text begin ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS. new text end 3.18     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 3.19 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 3.20 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 3.21 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 3.22 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 3.23 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 3.24 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 3.25 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 3.26 new text begin APPROPRIATIONS new text end 3.27 new text begin Available for the Year new text end 3.28 new text begin Ending June 30 new text end 3.29 new text begin 2008 new text end new text begin 2009 new text end 3.30 Sec. 3. new text begin POLLUTION CONTROL AGENCY new text end 3.31 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 100,271,000 new text end new text begin $ new text end new text begin 99,989,000 new text end 3.32 new text begin Appropriations by Fund new text end 3.33 new text begin 2008 new text end new text begin 2009 new text end 3.34 new text begin General new text end new text begin 27,232,000 new text end new text begin 27,233,000 new text end 3.35 3.36 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 4.1 new text begin Environmental new text end new text begin 61,425,000 new text end new text begin 61,622,000 new text end 4.2 new text begin Remediation new text end new text begin 11,566,000 new text end new text begin 11,086,000 new text end 4.3 new text begin The amounts that may be spent for each new text end 4.4 new text begin purpose are specified in the following new text end 4.5 new text begin subdivisions. new text end 4.6 new text begin Subd. 2. new text end new text begin Water new text end new text begin 42,928,000 new text end new text begin 42,248,000 new text end 4.7 new text begin Appropriations by Fund new text end 4.8 new text begin General new text end new text begin 23,326,000 new text end new text begin 23,266,000 new text end 4.9 4.10 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 4.11 new text begin Remediation new text end new text begin 550,000 new text end new text begin -0- new text end 4.12 new text begin Environmental new text end new text begin 19,004,000 new text end new text begin 18,934,000 new text end 4.13 new text begin $2,348,000 the first year and $2,348,000 new text end 4.14 new text begin the second year are for the clean water new text end 4.15 new text begin partnership program. Any balance remaining new text end 4.16 new text begin in the first year does not cancel and new text end 4.17 new text begin is available for the second year. This new text end 4.18 new text begin appropriation may be used for grants to new text end 4.19 new text begin local units of government for the purpose new text end 4.20 new text begin of restoring impaired waters listed under new text end 4.21 new text begin section 303(d) of the federal Clean Water new text end 4.22 new text begin Act in accordance with adopted total new text end 4.23 new text begin maximum daily loads (TMDL's), including new text end 4.24 new text begin implementation of approved clean water new text end 4.25 new text begin partnership diagnostic study work plans that new text end 4.26 new text begin will assist in restoration of such impaired new text end 4.27 new text begin waters. new text end 4.28 new text begin $2,324,000 the first year and $2,324,000 new text end 4.29 new text begin the second year are for grants to delegated new text end 4.30 new text begin counties to administer the county feedlot new text end 4.31 new text begin program. The commissioner, in consultation new text end 4.32 new text begin with the Minnesota Association of County new text end 4.33 new text begin Feedlot Officers executive team, may use up new text end 4.34 new text begin to five percent of the annual appropriation new text end 4.35 new text begin for initiatives to enhance existing delegated new text end 4.36 new text begin county feedlot programs, information and new text end 5.1 new text begin education, or technical assistance to reduce new text end 5.2 new text begin feedlot-related pollution hazards. Any new text end 5.3 new text begin unexpended balance in the first year does not new text end 5.4 new text begin cancel but is available in the second year. new text end 5.5 new text begin $335,000 the first year and $335,000 the new text end 5.6 new text begin second year are for community technical new text end 5.7 new text begin assistance and education, including grants new text end 5.8 new text begin and technical assistance to communities for new text end 5.9 new text begin local and basinwide water quality protection. new text end 5.10 new text begin $405,000 the first year and $405,000 the new text end 5.11 new text begin second year are for individual sewage new text end 5.12 new text begin treatment system (ISTS) administration and new text end 5.13 new text begin grants. Of this amount, $86,000 each year new text end 5.14 new text begin is for assistance to counties through grants new text end 5.15 new text begin for ISTS program administration. Any new text end 5.16 new text begin unexpended balance in the first year does not new text end 5.17 new text begin cancel but is available in the second year. new text end 5.18 new text begin $480,000 the first year and $480,000 the new text end 5.19 new text begin second year are from the environmental new text end 5.20 new text begin fund to address the need for continued new text end 5.21 new text begin increased activity in the areas of new new text end 5.22 new text begin technology review, technical assistance new text end 5.23 new text begin for local governments, and enforcement new text end 5.24 new text begin under Minnesota Statutes, sections 115.55 new text end 5.25 new text begin to 115.58, and to complete the requirements new text end 5.26 new text begin of Laws 2003, chapter 128, article 1, section new text end 5.27 new text begin 165. Of this amount, $48,000 each year is for new text end 5.28 new text begin administration of individual septic tank fees. new text end 5.29 new text begin $375,000 the first year and $375,000 the new text end 5.30 new text begin second year are to monitor and analyze new text end 5.31 new text begin endocrine disruptors in surface waters in at new text end 5.32 new text begin least 20 additional sites. The data must be new text end 5.33 new text begin placed on the agency's Web site. new text end 5.34 new text begin $15,317,000 the first year and $15,317,000 new text end 5.35 new text begin the second year are to implement the new text end 6.1 new text begin requirements of Minnesota Statutes, chapter new text end 6.2 new text begin 114D. Of this amount, $6,317,000 each new text end 6.3 new text begin year is for completion of ten percent of the new text end 6.4 new text begin needed statewide assessments of surface new text end 6.5 new text begin water quality and trends and $9,000,000 new text end 6.6 new text begin each year is to develop TMDL's and TMDL new text end 6.7 new text begin implementation plans for waters listed on new text end 6.8 new text begin the United States Environmental Protection new text end 6.9 new text begin Agency approved impaired waters list. The new text end 6.10 new text begin agency shall complete an average of ten new text end 6.11 new text begin percent of the TMDL's each year over the new text end 6.12 new text begin next ten years. new text end 6.13 new text begin $690,000 the first year and $690,000 the new text end 6.14 new text begin second year are from the environmental fund new text end 6.15 new text begin to provide regulatory services to the ethanol, new text end 6.16 new text begin mining, and other developing economic new text end 6.17 new text begin sectors. This is a onetime appropriation. new text end 6.18 new text begin $88,000 the first year is for the endocrine new text end 6.19 new text begin disruptors report required to be completed new text end 6.20 new text begin under article 2. new text end 6.21 new text begin $550,000 is appropriated in fiscal year new text end 6.22 new text begin 2008 from the remediation fund to the new text end 6.23 new text begin commissioner of the Pollution Control new text end 6.24 new text begin Agency for transfer to the commissioner new text end 6.25 new text begin of health to conduct an evaluation of point new text end 6.26 new text begin of use water treatment units at removing new text end 6.27 new text begin perfluorooctanoic acid, perfluorooctane new text end 6.28 new text begin sulfonate, and perfluorobutanoic acid from new text end 6.29 new text begin known concentrations of these compounds new text end 6.30 new text begin in drinking water. The evaluation shall be new text end 6.31 new text begin completed by December 31, 2007, and the new text end 6.32 new text begin commissioner of health may contract for new text end 6.33 new text begin services to complete the evaluation. new text end 6.34 new text begin By January 15, 2008, the commissioner shall new text end 6.35 new text begin amend agency rules and, where legislative new text end 7.1 new text begin action is necessary, provide recommendations new text end 7.2 new text begin to the house of representatives and senate new text end 7.3 new text begin divisions on environmental finance on new text end 7.4 new text begin water and air fee changes that will result in new text end 7.5 new text begin revenue to the environmental fund to pay for new text end 7.6 new text begin regulatory services to the ethanol, mining, new text end 7.7 new text begin and other developing economic sectors. new text end 7.8 new text begin Notwithstanding Minnesota Statutes, section new text end 7.9 new text begin 16A.28, the appropriations encumbered new text end 7.10 new text begin under contract on or before June 30, 2009, new text end 7.11 new text begin for clean water partnership, individual new text end 7.12 new text begin sewage treatment systems (ISTS), Minnesota new text end 7.13 new text begin River, total maximum daily loads (TMDL's), new text end 7.14 new text begin stormwater contracts or grants, and local and new text end 7.15 new text begin basinwide water quality protection contracts new text end 7.16 new text begin or grants in this subdivision are available new text end 7.17 new text begin until June 30, 2011. new text end 7.18 new text begin Subd. 3. new text end new text begin Air new text end new text begin 10,623,000 new text end new text begin 10,890,000 new text end 7.19 new text begin Appropriations by Fund new text end 7.20 new text begin Environmental new text end new text begin 10,623,000 new text end new text begin 10,890,000 new text end 7.21 new text begin Up to $150,000 the first year and $150,000 new text end 7.22 new text begin the second year may be transferred from the new text end 7.23 new text begin environmental fund to the small business new text end 7.24 new text begin environmental improvement loan account new text end 7.25 new text begin established in Minnesota Statutes, section new text end 7.26 new text begin 116.993. new text end 7.27 new text begin $200,000 the first year and $200,000 the new text end 7.28 new text begin second year are from the environmental fund new text end 7.29 new text begin for a monitoring program under Minnesota new text end 7.30 new text begin Statutes, section 116.454. new text end 7.31 new text begin $125,000 the first year and $125,000 the new text end 7.32 new text begin second year are from the environmental fund new text end 7.33 new text begin for monitoring ambient air for hazardous new text end 7.34 new text begin pollutants in the metropolitan area. new text end 8.1 new text begin $760,000 the first year and $760,000 the new text end 8.2 new text begin second year are from the environmental fund new text end 8.3 new text begin to provide regulatory services to the ethanol, new text end 8.4 new text begin mining, and other developing economic new text end 8.5 new text begin sectors. This is a onetime appropriation. new text end 8.6 new text begin Subd. 4. new text end new text begin Land new text end new text begin 18,081,000 new text end new text begin 18,151,000 new text end 8.7 new text begin Appropriations by Fund new text end 8.8 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 8.9 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 8.10 new text begin All money for environmental response, new text end 8.11 new text begin compensation, and compliance in the new text end 8.12 new text begin remediation fund not otherwise appropriated new text end 8.13 new text begin is appropriated to the commissioners of the new text end 8.14 new text begin Pollution Control Agency and agriculture new text end 8.15 new text begin for purposes of Minnesota Statutes, section new text end 8.16 new text begin 115B.20, subdivision 2, clauses (1), (2), new text end 8.17 new text begin (3), (6), and (7). At the beginning of each new text end 8.18 new text begin fiscal year, the two commissioners shall new text end 8.19 new text begin jointly submit an annual spending plan new text end 8.20 new text begin to the commissioner of finance and the new text end 8.21 new text begin house and senate chairs of environment and new text end 8.22 new text begin natural resources finance that maximizes the new text end 8.23 new text begin utilization of resources and appropriately new text end 8.24 new text begin allocates the money between the two new text end 8.25 new text begin departments. This appropriation is available new text end 8.26 new text begin until June 30, 2009. new text end 8.27 new text begin $3,616,000 the first year and $3,616,000 new text end 8.28 new text begin the second year are transferred from the new text end 8.29 new text begin petroleum tank fund to the remediation fund new text end 8.30 new text begin for appropriation to the commissioner for new text end 8.31 new text begin purposes of the leaking underground storage new text end 8.32 new text begin tank program to protect the land. new text end 8.33 new text begin $252,000 the first year and $252,000 the new text end 8.34 new text begin second year are from the remediation fund to new text end 8.35 new text begin be transferred to the Department of Health new text end 9.1 new text begin for health assessments, drinking water new text end 9.2 new text begin advisories, and public information activities new text end 9.3 new text begin for areas contaminated by hazardous releases. new text end 9.4 new text begin Subd. 5. new text end new text begin Multimedia new text end new text begin 4,879,000 new text end new text begin 4,911,000 new text end 9.5 new text begin Appropriations by Fund new text end 9.6 new text begin General new text end new text begin 2,288,000 new text end new text begin 2,320,000 new text end 9.7 new text begin Environmental new text end new text begin 2,591,000 new text end new text begin 2,591,000 new text end 9.8 new text begin $550,000 the first year and $550,000 the new text end 9.9 new text begin second year are from the environmental fund new text end 9.10 new text begin to provide regulatory services to the ethanol, new text end 9.11 new text begin mining, and other developing economic new text end 9.12 new text begin sectors. This is a onetime appropriation. new text end 9.13 new text begin Notwithstanding Minnesota Statutes, section new text end 9.14 new text begin 16A.28, the appropriations encumbered new text end 9.15 new text begin under contract on or before June 30, 2009, for new text end 9.16 new text begin total maximum daily load (TMDL) contracts new text end 9.17 new text begin or grants are available until June 30, 2011. new text end 9.18 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 9.19 new text begin $14,000,000 each year is from the new text end 9.20 new text begin environmental fund for SCORE block grants new text end 9.21 new text begin to counties. new text end 9.22 new text begin Any unencumbered grant and loan balances new text end 9.23 new text begin in the first year do not cancel but are available new text end 9.24 new text begin for grants and loans in the second year. new text end 9.25 new text begin All money deposited in the environmental new text end 9.26 new text begin fund for the metropolitan solid waste landfill new text end 9.27 new text begin fee under Minnesota Statutes, section new text end 9.28 new text begin 473.843, and not otherwise appropriated, is new text end 9.29 new text begin appropriated to the agency for the purposes new text end 9.30 new text begin of Minnesota Statutes, section 473.844. new text end 9.31 new text begin $119,000 the first year and $119,000 the new text end 9.32 new text begin second year are from the environmental new text end 9.33 new text begin fund for environmental assistance grants new text end 10.1 new text begin or loans under Minnesota Statutes, section new text end 10.2 new text begin 115A.0716. new text end 10.3 new text begin $1,200,000 the first year and $1,200,000 the new text end 10.4 new text begin second year are from the environmental fund new text end 10.5 new text begin to retrofit school buses statewide, including new text end 10.6 new text begin buses for preschool children, and for loans to new text end 10.7 new text begin small trucking firms to install equipment to new text end 10.8 new text begin reduce fuel consumption. This is a onetime new text end 10.9 new text begin appropriation. new text end 10.10 new text begin Notwithstanding Minnesota Statutes, section new text end 10.11 new text begin 16A.28, the appropriations encumbered new text end 10.12 new text begin under contract on or before June 30, new text end 10.13 new text begin 2009, for environmental assistance grants new text end 10.14 new text begin awarded under Minnesota Statutes, section new text end 10.15 new text begin 115A.0716, and for technical and research new text end 10.16 new text begin assistance under Minnesota Statutes, new text end 10.17 new text begin section 115A.152, technical assistance new text end 10.18 new text begin under Minnesota Statutes, section 115A.52, new text end 10.19 new text begin and pollution prevention assistance under new text end 10.20 new text begin Minnesota Statutes, section 115D.04, are new text end 10.21 new text begin available until June 30, 2011. new text end 10.22 new text begin Subd. 7. new text end new text begin Administrative Support new text end new text begin 1,618,000 new text end new text begin 1,647,000 new text end 10.23 new text begin The commissioner may transfer money from new text end 10.24 new text begin the environmental fund to the remediation new text end 10.25 new text begin fund as necessary for the purposes of the new text end 10.26 new text begin remediation fund under Minnesota Statutes, new text end 10.27 new text begin section 116.155, subdivision 2. new text end 10.28 Sec. 4. new text begin NATURAL RESOURCES new text end 10.29 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 245,396,000 new text end new text begin $ new text end new text begin 250,238,000 new text end 10.30 new text begin Appropriations by Fund new text end 10.31 new text begin 2008 new text end new text begin 2009 new text end 10.32 new text begin General new text end new text begin 80,587,000 new text end new text begin 82,778,000 new text end 10.33 new text begin Natural Resources new text end new text begin 74,436,000 new text end new text begin 75,128,000 new text end 10.34 new text begin Game and Fish new text end new text begin 90,073,000 new text end new text begin 92,032,000 new text end 11.1 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 11.2 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 11.3 new text begin The amounts that may be spent for each new text end 11.4 new text begin purpose are specified in the following new text end 11.5 new text begin subdivisions. new text end 11.6 11.7 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 11,461,000 new text end new text begin 11,448,000 new text end 11.8 new text begin Appropriations by Fund new text end 11.9 new text begin General new text end new text begin 6,347,000 new text end new text begin 6,406,000 new text end 11.10 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 11.11 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 11.12 new text begin Permanent School new text end new text begin 200,000 new text end new text begin 200,000 new text end 11.13 new text begin $475,000 the first year and $475,000 the new text end 11.14 new text begin second year are for iron ore cooperative new text end 11.15 new text begin research. Of this amount, $200,000 each year new text end 11.16 new text begin is from the minerals management account in new text end 11.17 new text begin the natural resources fund and $275,000 each new text end 11.18 new text begin year is from the general fund. $237,500 the new text end 11.19 new text begin first year and $237,500 the second year are new text end 11.20 new text begin available only as matched by $1 of nonstate new text end 11.21 new text begin money for each $1 of state money. The new text end 11.22 new text begin match may be cash or in-kind. new text end 11.23 new text begin $86,000 the first year and $86,000 the new text end 11.24 new text begin second year are for minerals cooperative new text end 11.25 new text begin environmental research, of which $43,000 new text end 11.26 new text begin the first year and $43,000 the second year are new text end 11.27 new text begin available only as matched by $1 of nonstate new text end 11.28 new text begin money for each $1 of state money. The new text end 11.29 new text begin match may be cash or in-kind. new text end 11.30 new text begin $2,800,000 the first year and $2,696,000 new text end 11.31 new text begin the second year are from the minerals new text end 11.32 new text begin management account in the natural resources new text end 11.33 new text begin fund for use as provided in Minnesota new text end 11.34 new text begin Statutes, section 93.2236, paragraph (c). new text end 12.1 new text begin $200,000 the first year and $200,000 the new text end 12.2 new text begin second year are from the state forest suspense new text end 12.3 new text begin account in the permanent school fund to new text end 12.4 new text begin accelerate land exchanges, land sales, and new text end 12.5 new text begin commercial leasing of school trust lands and new text end 12.6 new text begin to identify, evaluate, and lease construction new text end 12.7 new text begin aggregate located on school trust lands. This new text end 12.8 new text begin appropriation is to be used for securing new text end 12.9 new text begin maximum long-term economic return new text end 12.10 new text begin from the school trust lands consistent with new text end 12.11 new text begin fiduciary responsibilities and sound natural new text end 12.12 new text begin resources conservation and management new text end 12.13 new text begin principles. new text end 12.14 new text begin $15,000 the first year is for a report new text end 12.15 new text begin by February 1, 2008, to the house and new text end 12.16 new text begin senate committees with jurisdiction over new text end 12.17 new text begin environment and natural resources on new text end 12.18 new text begin proposed minimum legal and conservation new text end 12.19 new text begin standards that could be applied to new text end 12.20 new text begin conservation easements acquired with public new text end 12.21 new text begin money. new text end 12.22 new text begin $701,000 the first year and $701,000 the new text end 12.23 new text begin second year are to support the land records new text end 12.24 new text begin management system. Of this amount, new text end 12.25 new text begin $326,000 the first year and $326,000 the new text end 12.26 new text begin second year are from the game and fish fund new text end 12.27 new text begin and $375,000 the first year and $375,000 the new text end 12.28 new text begin second year are from the natural resources new text end 12.29 new text begin fund. new text end 12.30 new text begin Subd. 3. new text end new text begin Water Resources Management new text end new text begin 12,931,000 new text end new text begin 13,116,000 new text end 12.31 new text begin Appropriations by Fund new text end 12.32 new text begin General new text end new text begin 12,651,000 new text end new text begin 12,836,000 new text end 12.33 new text begin Natural Resources new text end new text begin 280,000 new text end new text begin 280,000 new text end 12.34 new text begin $310,000 the first year and $310,000 the new text end 12.35 new text begin second year are for grants for up to 50 new text end 13.1 new text begin percent of the cost of implementing the Red new text end 13.2 new text begin River mediation agreement. new text end 13.3 new text begin $65,000 the first year and $65,000 the new text end 13.4 new text begin second year are for a grant to the Mississippi new text end 13.5 new text begin Headwaters Board for up to 50 percent of new text end 13.6 new text begin the cost of implementing the comprehensive new text end 13.7 new text begin plan for the upper Mississippi within areas new text end 13.8 new text begin under the board's jurisdiction. new text end 13.9 new text begin $5,000 the first year and $5,000 the second new text end 13.10 new text begin year are for payment to the Leech Lake Band new text end 13.11 new text begin of Chippewa Indians to implement the band's new text end 13.12 new text begin portion of the comprehensive plan for the new text end 13.13 new text begin upper Mississippi. new text end 13.14 new text begin $200,000 the first year and $200,000 the new text end 13.15 new text begin second year are for the construction of ring new text end 13.16 new text begin dikes under Minnesota Statutes, section new text end 13.17 new text begin 103F.161. The ring dikes may be publicly new text end 13.18 new text begin or privately owned. Any unencumbered new text end 13.19 new text begin balance does not cancel at the end of the new text end 13.20 new text begin first year and is available for the second new text end 13.21 new text begin year. If the appropriation in the first year is new text end 13.22 new text begin insufficient, the appropriation for the second new text end 13.23 new text begin year is available in the first year. new text end 13.24 new text begin $1,280,000 the first year and $1,280,000 the new text end 13.25 new text begin second year are to support the identification new text end 13.26 new text begin of impaired waters and develop plans to new text end 13.27 new text begin address those impairments, as required by the new text end 13.28 new text begin federal Clean Water Act. This is a onetime new text end 13.29 new text begin appropriation. new text end 13.30 new text begin Subd. 4. new text end new text begin Forest Management new text end new text begin 41,098,000 new text end new text begin 41,830,000 new text end 13.31 new text begin Appropriations by Fund new text end 13.32 new text begin General new text end new text begin 22,858,000 new text end new text begin 23,273,000 new text end 13.33 new text begin Natural Resources new text end new text begin 17,983,000 new text end new text begin 18,293,000 new text end 13.34 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 89.039, subdivision 2. new text end 14.31 new text begin $780,000 the first year and $780,000 the new text end 14.32 new text begin second year are for the Forest Resources new text end 14.33 new text begin Council for implementation of the new text end 14.34 new text begin Sustainable Forest Resources Act. new text end 15.1 new text begin $350,000 the first year and $350,000 the new text end 15.2 new text begin second year are for the FORIST timber new text end 15.3 new text begin management information system, other new text end 15.4 new text begin information systems, and for increased new text end 15.5 new text begin forestry management. The amount in the new text end 15.6 new text begin second year is also available in the first year. new text end 15.7 new text begin $257,000 the first year and $264,000 the new text end 15.8 new text begin second year are from the game and fish new text end 15.9 new text begin fund to implement ecological classification new text end 15.10 new text begin systems (ECS) standards on forested new text end 15.11 new text begin landscapes. This appropriation is from new text end 15.12 new text begin revenue deposited in the game and fish fund new text end 15.13 new text begin under Minnesota Statutes, section 297A.94, new text end 15.14 new text begin paragraph (e), clause (1). new text end 15.15 new text begin $55,000 the first year and $55,000 the new text end 15.16 new text begin second year are to develop and implement new text end 15.17 new text begin a statewide information and education new text end 15.18 new text begin campaign regarding the proposed statewide new text end 15.19 new text begin ban on the transport, storage, or use of new text end 15.20 new text begin nonapproved firewood on state administered new text end 15.21 new text begin land. new text end 15.22 new text begin $75,000 the first year is to the Forest new text end 15.23 new text begin Resources Council for a task force on new text end 15.24 new text begin forest protection and $75,000 the second new text end 15.25 new text begin year is appropriated to the commissioner new text end 15.26 new text begin for grants to cities, counties, townships, new text end 15.27 new text begin special recreation areas, and park and new text end 15.28 new text begin recreation boards in cities of the first class new text end 15.29 new text begin for the identification, removal, disposal, and new text end 15.30 new text begin replacement of dead or dying shade trees new text end 15.31 new text begin lost to forest pests or disease. For purposes new text end 15.32 new text begin of this section, "shade tree" means a woody new text end 15.33 new text begin perennial grown primarily for aesthetic or new text end 15.34 new text begin environmental purposes with minimal to new text end 15.35 new text begin residual timber value. The commissioner new text end 16.1 new text begin shall consult with municipalities; park and new text end 16.2 new text begin recreation boards in cities of the first class; new text end 16.3 new text begin nonprofit organizations; and other interested new text end 16.4 new text begin parties in developing eligibility criteria. new text end 16.5 new text begin Subd. 5. new text end new text begin Parks and Recreation Management new text end new text begin 35,141,000 new text end new text begin 35,959,000 new text end 16.6 new text begin Appropriations by Fund new text end 16.7 new text begin General new text end new text begin 20,560,000 new text end new text begin 20,923,000 new text end 16.8 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 16.9 new text begin $640,000 the first year and $640,000 the new text end 16.10 new text begin second year are from the water recreation new text end 16.11 new text begin account in the natural resources fund for state new text end 16.12 new text begin park water access projects. new text end 16.13 new text begin $3,996,000 the first year and $3,996,000 the new text end 16.14 new text begin second year are from the natural resources new text end 16.15 new text begin fund for state park and recreation area new text end 16.16 new text begin operations. This appropriation is from the new text end 16.17 new text begin revenue deposited in the natural resources new text end 16.18 new text begin fund under Minnesota Statutes, section new text end 16.19 new text begin 297A.94, paragraph (e), clause (2). new text end 16.20 new text begin $5,000 each year is for payment of expenses new text end 16.21 new text begin of the Cuyuna Country State Recreation Area new text end 16.22 new text begin Citizens Advisory Council. new text end 16.23 new text begin The appropriation in Laws 2003, chapter new text end 16.24 new text begin 128, article 1, section 5, subdivision 6, from new text end 16.25 new text begin the water recreation account in the natural new text end 16.26 new text begin resources fund for a cooperative project with new text end 16.27 new text begin the United States Army Corps of Engineers new text end 16.28 new text begin to develop the Mississippi Whitewater Park new text end 16.29 new text begin is available until June 30, 2009. new text end 16.30 new text begin Subd. 6. new text end new text begin Trails and Waterways Management new text end new text begin 29,727,000 new text end new text begin 29,822,000 new text end 16.31 new text begin Appropriations by Fund new text end 16.32 new text begin General new text end new text begin 2,528,000 new text end new text begin 2,548,000 new text end 16.33 new text begin Natural Resources new text end new text begin 25,080,000 new text end new text begin 25,080,000 new text end 16.34 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 17.1 new text begin $8,424,000 the first year and $8,424,000 new text end 17.2 new text begin the second year are from the snowmobile new text end 17.3 new text begin trails and enforcement account in the natural new text end 17.4 new text begin resources fund for snowmobile grants-in-aid. new text end 17.5 new text begin The additional money under this paragraph new text end 17.6 new text begin may be used for new grant-in-aid trails. Any new text end 17.7 new text begin unencumbered balance does not cancel at the new text end 17.8 new text begin end of the first year and is available for the new text end 17.9 new text begin second year. new text end 17.10 new text begin $925,000 the first year and $825,000 the new text end 17.11 new text begin second year are from the natural resources new text end 17.12 new text begin fund for off-highway vehicle grants-in-aid. new text end 17.13 new text begin Of this amount, $575,000 the first year new text end 17.14 new text begin and $575,000 the second year are from the new text end 17.15 new text begin all-terrain vehicle account; $150,000 each new text end 17.16 new text begin year is from the off-highway motorcycle new text end 17.17 new text begin account; and $200,000 the first year and new text end 17.18 new text begin $100,000 the second year are from the new text end 17.19 new text begin off-road vehicle account. Any unencumbered new text end 17.20 new text begin balance does not cancel at the end of the first new text end 17.21 new text begin year and is available for the second year. new text end 17.22 new text begin $261,000 the first year and $261,000 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 a new text end 17.25 new text begin safe harbor program on Lake Superior. new text end 17.26 new text begin $742,000 the first year and $760,000 new text end 17.27 new text begin the second year are from the natural new text end 17.28 new text begin resources fund for state trail operations new text end 17.29 new text begin and maintenance. The money may be used new text end 17.30 new text begin for trail maintenance, signage, mapping, new text end 17.31 new text begin interpretation, native prairie restoration new text end 17.32 new text begin using best management practices, and new text end 17.33 new text begin maintenance of nonmotorized forest trails. new text end 17.34 new text begin This appropriation is from the revenue new text end 17.35 new text begin deposited in the natural resources fund new text end 18.1 new text begin under Minnesota Statutes, section 297A.94, new text end 18.2 new text begin paragraph (e), clause (2). new text end 18.3 new text begin $32,000 the first year and $107,000 the new text end 18.4 new text begin second year are from the game and fish fund new text end 18.5 new text begin and is added to the base for expenditures new text end 18.6 new text begin on water access sites according to the new text end 18.7 new text begin requirements of the federal sport and fish new text end 18.8 new text begin restoration program. new text end 18.9 new text begin Money appropriated under Laws 2005, First new text end 18.10 new text begin Special Session chapter 1, article 2, section new text end 18.11 new text begin 11, subdivision 6, paragraph (h), for the Paul new text end 18.12 new text begin Bunyan State Trail connection is available new text end 18.13 new text begin until June 30, 2008. new text end 18.14 new text begin Subd. 7. new text end new text begin Fish and Wildlife Management new text end new text begin 67,072,000 new text end new text begin 68,394,000 new text end 18.15 new text begin Appropriations by Fund new text end 18.16 new text begin General new text end new text begin 3,255,000 new text end new text begin 3,255,000 new text end 18.17 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 18.18 new text begin Game and Fish new text end new text begin 61,941,000 new text end new text begin 63,263,000 new text end 18.19 new text begin $410,000 the first year and $418,000 the new text end 18.20 new text begin second year are for resource population new text end 18.21 new text begin surveys in the 1837 treaty area. Of this new text end 18.22 new text begin amount, $274,000 the first year and $288,000 new text end 18.23 new text begin the second year are from the game and fish new text end 18.24 new text begin fund. new text end 18.25 new text begin $8,061,000 the first year and $8,167,000 new text end 18.26 new text begin the second year are from the heritage new text end 18.27 new text begin enhancement account in the game and new text end 18.28 new text begin fish fund for only the purposes specified new text end 18.29 new text begin in Minnesota Statutes, section 297A.94, new text end 18.30 new text begin paragraph (e), clause (1). Of this amount, new text end 18.31 new text begin $1,175,000 the first year and $1,175,000 the new text end 18.32 new text begin second year are for preserving, restoring, and new text end 18.33 new text begin enhancing grassland/wetland complexes on new text end 18.34 new text begin public lands. new text end 19.1 new text begin Notwithstanding Minnesota Statutes, section new text end 19.2 new text begin 84.943, $13,000 the first year and $13,000 new text end 19.3 new text begin the second year from the critical habitat new text end 19.4 new text begin private sector matching account may be used new text end 19.5 new text begin to publicize the critical habitat license plate new text end 19.6 new text begin match program. new text end 19.7 new text begin $8,000 the first year and $8,000 the second new text end 19.8 new text begin year are appropriated from the game and new text end 19.9 new text begin fish fund for transfer to the wild turkey new text end 19.10 new text begin management account for purposes specified new text end 19.11 new text begin in Minnesota Statutes, section 97A.075, new text end 19.12 new text begin subdivision 5. new text end 19.13 new text begin $108,000 the first year and $108,000 the new text end 19.14 new text begin second year are from the game and fish new text end 19.15 new text begin fund for costs associated with administering new text end 19.16 new text begin fishing contest permits. new text end 19.17 new text begin $182,000 the first year and $132,000 the new text end 19.18 new text begin second year are to accelerate wildlife health new text end 19.19 new text begin programs and to prevent the spread of new text end 19.20 new text begin disease from livestock and poultry to the new text end 19.21 new text begin wildlife population. $50,000 in the first new text end 19.22 new text begin year is for fencing cattle-feeding areas in new text end 19.23 new text begin bovine tuberculosis control zones, under the new text end 19.24 new text begin emergency deterrent materials assistance new text end 19.25 new text begin program in Minnesota Statutes, section new text end 19.26 new text begin 97A.028, subdivision 3. This appropriation new text end 19.27 new text begin is available until June 30, 2009. $66,000 of new text end 19.28 new text begin this amount is permanent. new text end 19.29 new text begin $575,000 the first year and $575,000 the new text end 19.30 new text begin second year are for preserving, restoring, and new text end 19.31 new text begin enhancing grassland/wetland complexes on new text end 19.32 new text begin public lands. 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 game and fish fund new text end 19.35 new text begin to expand the roadsides for wildlife program. new text end 20.1 new text begin $175,000 the first year and $175,000 the new text end 20.2 new text begin second year are appropriated from the game new text end 20.3 new text begin and fish fund to the commissioner of natural new text end 20.4 new text begin resources for grants to Let's Go Fishing new text end 20.5 new text begin of Minnesota to promote opportunities new text end 20.6 new text begin for fishing. The grants must be matched new text end 20.7 new text begin equally with cash or in-kind contributions new text end 20.8 new text begin from nonstate sources. This is a onetime new text end 20.9 new text begin appropriation. new text end 20.10 new text begin Notwithstanding Minnesota Statutes, section new text end 20.11 new text begin 16A.28, the appropriations encumbered new text end 20.12 new text begin under contract on or before June 30, 2009, for new text end 20.13 new text begin aquatic restoration grants and wildlife habitat new text end 20.14 new text begin grants are available until June 30, 2010. new text end 20.15 new text begin Subd. 8. new text end new text begin Ecological Services new text end new text begin 14,201,000 new text end new text begin 15,404,000 new text end 20.16 new text begin Appropriations by Fund new text end 20.17 new text begin General new text end new text begin 6,831,000 new text end new text begin 7,934,000 new text end 20.18 new text begin Natural Resources new text end new text begin 3,488,000 new text end new text begin 3,519,000 new text end 20.19 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 20.20 new text begin $1,192,000 the first year and $1,223,000 the new text end 20.21 new text begin second year are from the nongame wildlife new text end 20.22 new text begin management account in the natural resources new text end 20.23 new text begin fund for the purpose of nongame wildlife new text end 20.24 new text begin management. Notwithstanding Minnesota new text end 20.25 new text begin Statutes, section 290.431, $100,000 the first new text end 20.26 new text begin year and $100,000 the second year may be new text end 20.27 new text begin used for nongame information, education, new text end 20.28 new text begin and promotion. new text end 20.29 new text begin $1,612,000 the first year and $1,636,000 new text end 20.30 new text begin the second year are from the heritage new text end 20.31 new text begin enhancement account in the game and new text end 20.32 new text begin fish fund for only the purposes specified new text end 20.33 new text begin in Minnesota Statutes, section 297A.94, new text end 20.34 new text begin paragraph (e), clause (1), on public lands. new text end 21.1 new text begin $2,765,000 in the first year and $3,985,000 new text end 21.2 new text begin in the second year, of which $1,795,000 the new text end 21.3 new text begin first year and $1,795,000 the second year new text end 21.4 new text begin are from the invasive species account in the new text end 21.5 new text begin natural resources fund for law enforcement new text end 21.6 new text begin and water access inspection to prevent the new text end 21.7 new text begin spread of invasive species, grants to manage new text end 21.8 new text begin invasive plants in public waters, technical new text end 21.9 new text begin assistance to grant applicants for improving new text end 21.10 new text begin lake quality, and management of terrestrial new text end 21.11 new text begin invasive species on state-administered lands. new text end 21.12 new text begin Priority shall be given to preventing the new text end 21.13 new text begin spread of aquatic invertebrates. Of this new text end 21.14 new text begin amount, $250,000 the first year and $250,000 new text end 21.15 new text begin the second year are for a zebra mussel pilot new text end 21.16 new text begin program. This is a onetime appropriation. new text end 21.17 new text begin An applicant for a grant to manage invasive new text end 21.18 new text begin plants in public waters must have a workable new text end 21.19 new text begin plan for improving water quality and new text end 21.20 new text begin reducing the need for additional treatment. new text end 21.21 new text begin Grants may not be made for chemicals that new text end 21.22 new text begin are likely endocrine disruptors. A plan to new text end 21.23 new text begin prevent the introduction of asian carp into new text end 21.24 new text begin Minnesota waters must be made available to new text end 21.25 new text begin the public by November 1, 2007. new text end 21.26 new text begin $125,000 the first year is to support a new text end 21.27 new text begin technical advisory committee and for land new text end 21.28 new text begin management units that manage grass lands new text end 21.29 new text begin in order to develop plans to optimize new text end 21.30 new text begin native prairie seed harvest and replanting new text end 21.31 new text begin on state-owned lands. The work must new text end 21.32 new text begin use best management practices with an new text end 21.33 new text begin outcome of ensuring the survival of the new text end 21.34 new text begin native prairie remaining in Minnesota and to new text end 21.35 new text begin estimate the value of the seeds. Maximizing new text end 21.36 new text begin seed harvest may include allowing seed new text end 22.1 new text begin producers to keep a portion of the seed as new text end 22.2 new text begin compensation for supplying equipment and new text end 22.3 new text begin labor. The Department of Natural Resources new text end 22.4 new text begin in cooperation with the Department of new text end 22.5 new text begin Agriculture and the Board of Water and new text end 22.6 new text begin Soil Resources shall establish the technical new text end 22.7 new text begin advisory committee which has the expertise new text end 22.8 new text begin to develop (1) criteria to identify public new text end 22.9 new text begin and private marginal lands which could be new text end 22.10 new text begin used to produce native prairie seeds of a new text end 22.11 new text begin local eco-type or restore native prairies that new text end 22.12 new text begin could be used to produce clean energy, (2) new text end 22.13 new text begin guidelines for production that ensure high new text end 22.14 new text begin carbon sequestration, protection of wildlife new text end 22.15 new text begin and waters, and minimization of inputs and new text end 22.16 new text begin that do not compromise the survival of the new text end 22.17 new text begin native prairie remaining in Minnesota, and new text end 22.18 new text begin (3) recommendations for incentives that will new text end 22.19 new text begin result in the production of native prairie seeds new text end 22.20 new text begin of a local eco-type or restore native prairies. new text end 22.21 new text begin In addition to agency members, the advisory new text end 22.22 new text begin committee shall have one member from new text end 22.23 new text begin each of two statewide farm organizations, new text end 22.24 new text begin one member from a statewide sustainable new text end 22.25 new text begin farmer organization, one member each from new text end 22.26 new text begin three statewide rural economic development new text end 22.27 new text begin organizations, one member each from three new text end 22.28 new text begin statewide environmental organizations, and new text end 22.29 new text begin one member each from three statewide new text end 22.30 new text begin wildlife or conservation organizations. new text end 22.31 new text begin No person registered as a lobbyist under new text end 22.32 new text begin Minnesota Statutes, section 10A.03, may new text end 22.33 new text begin serve on the technical advisory committee. new text end 22.34 new text begin The technical committee shall work with the new text end 22.35 new text begin NextGen Energy Board to develop a clean new text end 22.36 new text begin energy program. A report on outcomes from new text end 23.1 new text begin the technical committee is due December new text end 23.2 new text begin 15, 2007, to the legislative finance chairs on new text end 23.3 new text begin environment and natural resources. new text end 23.4 new text begin $50,000 in the first year is for the new text end 23.5 new text begin commissioner, in consultation with the new text end 23.6 new text begin Environmental Quality Board, to report to new text end 23.7 new text begin the house and senate committees having new text end 23.8 new text begin jurisdiction over environmental policy new text end 23.9 new text begin and finance by February 1, 2008, on the new text end 23.10 new text begin Mississippi River critical area program. The new text end 23.11 new text begin report shall include the status of critical new text end 23.12 new text begin area plans, zoning ordinances, the number new text end 23.13 new text begin and types of revisions anticipated, and the new text end 23.14 new text begin nature and number of variances sought. The new text end 23.15 new text begin report shall include recommendations that new text end 23.16 new text begin adequately protect and manage the aesthetic new text end 23.17 new text begin integrity and natural environment of the river new text end 23.18 new text begin corridor. new text end 23.19 new text begin $1,500,000 the first year and $1,500,000 the new text end 23.20 new text begin second year are to support the identification new text end 23.21 new text begin of impaired waters and develop plans to new text end 23.22 new text begin address those impairments, as required by the new text end 23.23 new text begin federal Clean Water Act. This is a onetime new text end 23.24 new text begin appropriation. new text end 23.25 new text begin Subd. 9. new text end new text begin Enforcement new text end new text begin 29,971,000 new text end new text begin 30,490,000 new text end 23.26 new text begin Appropriations by Fund new text end 23.27 new text begin General new text end new text begin 3,336,000 new text end new text begin 3,392,000 new text end 23.28 new text begin Natural Resources new text end new text begin 7,113,000 new text end new text begin 7,113,000 new text end 23.29 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 23.30 new text begin Remediation new text end new text begin 100,000 new text end new text begin 100,000 new text end 23.31 new text begin $100,000 each year is for a conservation new text end 23.32 new text begin officer position to be stationed at Mississippi new text end 23.33 new text begin Headwaters State Forest to work with local new text end 23.34 new text begin jurisdictions in enforcing state law along new text end 23.35 new text begin the Mississippi River from Lake Itasca new text end 24.1 new text begin downstream to Lake Bemidji and in the new text end 24.2 new text begin Bemidji region. new text end 24.3 new text begin $1,082,000 the first year and $1,082,000 the new text end 24.4 new text begin second year are from the water recreation new text end 24.5 new text begin account in the natural resources fund for new text end 24.6 new text begin grants to counties for boat and water safety. new text end 24.7 new text begin $100,000 the first year and $100,000 the new text end 24.8 new text begin second year are from the remediation fund new text end 24.9 new text begin for solid waste enforcement activities under new text end 24.10 new text begin Minnesota Statutes, section 116.073. new text end 24.11 new text begin $315,000 the first year and $315,000 the new text end 24.12 new text begin second year are from the snowmobile new text end 24.13 new text begin trails and enforcement account in the new text end 24.14 new text begin natural resources fund for grants to local new text end 24.15 new text begin law enforcement agencies for snowmobile new text end 24.16 new text begin enforcement activities. new text end 24.17 new text begin $1,164,000 the first year and $1,164,000 new text end 24.18 new text begin the second year are from the heritage new text end 24.19 new text begin enhancement account in the game and new text end 24.20 new text begin fish fund for only the purposes specified new text end 24.21 new text begin in Minnesota Statutes, section 297A.94, new text end 24.22 new text begin paragraph (e), clause (1). new text end 24.23 new text begin $225,000 the first year and $225,000 new text end 24.24 new text begin the second year are from the natural new text end 24.25 new text begin resources fund for grants to county law new text end 24.26 new text begin enforcement agencies for off-highway new text end 24.27 new text begin vehicle enforcement and public education new text end 24.28 new text begin activities based on off-highway vehicle use new text end 24.29 new text begin in the county. Of this amount, $213,000 each new text end 24.30 new text begin year is from the all-terrain vehicle account, new text end 24.31 new text begin $11,000 each year is from the off-highway new text end 24.32 new text begin motorcycle account, and $1,000 each year new text end 24.33 new text begin is from the off-road vehicle account. The new text end 24.34 new text begin county enforcement agencies may use new text end 24.35 new text begin money received under this appropriation new text end 25.1 new text begin to make grants to other local enforcement new text end 25.2 new text begin agencies within the county that have a high new text end 25.3 new text begin concentration of off-highway vehicle use. Of new text end 25.4 new text begin this appropriation, $25,000 each year is for new text end 25.5 new text begin administration of these grants. new text end 25.6 new text begin $15,000 the first year and $5,000 the second new text end 25.7 new text begin year are from the off-road vehicle account new text end 25.8 new text begin in the natural resources fund to establish new text end 25.9 new text begin the off-road vehicle environment and safety new text end 25.10 new text begin education and training program under new text end 25.11 new text begin Minnesota Statutes, section 84.8015. new text end 25.12 new text begin Overtime must be distributed to conservation new text end 25.13 new text begin officers at historical levels; however, a new text end 25.14 new text begin reasonable reduction or addition may be new text end 25.15 new text begin made to the officer's allocation, if justified, new text end 25.16 new text begin based on an individual officer's workload. If new text end 25.17 new text begin funding for enforcement is reduced because new text end 25.18 new text begin of an unallotment, the overtime bank may be new text end 25.19 new text begin reduced in proportion to reductions made in new text end 25.20 new text begin other areas of the budget. new text end 25.21 new text begin Subd. 10. new text end new text begin Operations Support new text end new text begin 3,794,000 new text end new text begin 3,775,000 new text end 25.22 new text begin Appropriations by Fund new text end 25.23 new text begin General new text end new text begin 2,221,000 new text end new text begin 2,211,000 new text end 25.24 new text begin Natural Resources new text end new text begin 484,000 new text end new text begin 484,000 new text end 25.25 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 25.26 new text begin $38,000 in the first year is from the game and new text end 25.27 new text begin fish fund for the study on the natural stands new text end 25.28 new text begin of wild rice required in article 2. new text end 25.29 new text begin $270,000 the first year and $270,000 the new text end 25.30 new text begin second year are from the natural resources new text end 25.31 new text begin fund for grants to be divided equally between new text end 25.32 new text begin the city of St. Paul for the Como Zoo new text end 25.33 new text begin and Conservatory and the city of Duluth new text end 25.34 new text begin for the Duluth Zoo. This appropriation new text end 25.35 new text begin is from the revenue deposited to the fund new text end 26.1 new text begin under Minnesota Statutes, section 297A.94, new text end 26.2 new text begin paragraph (e), clause (5). new text end 26.3 new text begin $55,000 in the first year and $7,000 in the new text end 26.4 new text begin second year are to be transferred to the new text end 26.5 new text begin Environmental Quality Board to fulfill the new text end 26.6 new text begin requirement of Minnesota Statutes, sections new text end 26.7 new text begin 116C.92 and 116C.94. new text end 26.8 26.9 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 22,369,000 new text end new text begin $ new text end new text begin 22,728,000 new text end 26.10 new text begin $4,102,000 the first year and $4,102,000 the new text end 26.11 new text begin second year are for natural resources block new text end 26.12 new text begin grants to local governments. The board may new text end 26.13 new text begin reduce the amount of the natural resources new text end 26.14 new text begin block grant to a county by an amount equal to new text end 26.15 new text begin any reduction in the county's general services new text end 26.16 new text begin allocation to a soil and water conservation new text end 26.17 new text begin district from the county's previous year new text end 26.18 new text begin allocation when the board determines that new text end 26.19 new text begin the reduction was disproportionate. Grants new text end 26.20 new text begin must be matched with a combination of local new text end 26.21 new text begin cash or in-kind contributions. The base grant new text end 26.22 new text begin portion related to water planning must be new text end 26.23 new text begin matched by an amount that would be raised new text end 26.24 new text begin by a levy under Minnesota Statutes, section new text end 26.25 new text begin 103B.3369. new text end 26.26 new text begin $3,566,000 the first year and $3,566,000 new text end 26.27 new text begin the second year are for grants requested new text end 26.28 new text begin by soil and water conservation districts for new text end 26.29 new text begin general purposes, nonpoint engineering, new text end 26.30 new text begin and implementation of the reinvest in new text end 26.31 new text begin Minnesota conservation reserve program. new text end 26.32 new text begin Upon approval of the board, expenditures new text end 26.33 new text begin may be made from these appropriations for new text end 26.34 new text begin supplies and services benefiting soil and new text end 26.35 new text begin water conservation districts. Any district new text end 27.1 new text begin requesting a grant under this paragraph new text end 27.2 new text begin shall create and maintain a Web page that new text end 27.3 new text begin publishes, at a minimum, its annual plan, new text end 27.4 new text begin annual report, annual audit, and annual new text end 27.5 new text begin budget, including membership dues and new text end 27.6 new text begin meeting notices and minutes. new text end 27.7 new text begin $3,250,000 the first year and $3,250,000 new text end 27.8 new text begin the second year are for grants to soil and new text end 27.9 new text begin water conservation districts for cost-sharing new text end 27.10 new text begin contracts for erosion control and water new text end 27.11 new text begin quality management. Of this amount, at least new text end 27.12 new text begin $1,200,000 the first year and $1,200,000 the new text end 27.13 new text begin second year are for grants for cost-sharing new text end 27.14 new text begin contracts to establish and maintain vegetation new text end 27.15 new text begin buffers of restored native prairie and restored new text end 27.16 new text begin prairie using seeds of a local ecotype region. new text end 27.17 new text begin $300,000 the first year and $300,000 the new text end 27.18 new text begin second year are available to begin county new text end 27.19 new text begin cooperative weed management programs new text end 27.20 new text begin on natural lands and private lands enrolled new text end 27.21 new text begin in state and federal conservation programs new text end 27.22 new text begin and to restore native plants in selected new text end 27.23 new text begin invasive species management sites by new text end 27.24 new text begin providing local native seeds and plants new text end 27.25 new text begin to landowners for implementation. This new text end 27.26 new text begin appropriation is available until expended. If new text end 27.27 new text begin the appropriation in either year is insufficient, new text end 27.28 new text begin the appropriation in the other year is available new text end 27.29 new text begin for it. Notwithstanding Minnesota Statutes, new text end 27.30 new text begin section 103C.501, any balance in the board's new text end 27.31 new text begin cost-share program that remains from the new text end 27.32 new text begin fiscal year 2007 appropriation is available new text end 27.33 new text begin in an amount up to $2,000 for a grant to new text end 27.34 new text begin the Faribault Soil and Water Conservation new text end 27.35 new text begin District to pay for erosion repair on the Blue new text end 27.36 new text begin Earth River, and up to $40,000 is available for new text end 28.1 new text begin grants to soil and water conservation districts new text end 28.2 new text begin for Web site development and reporting; and new text end 28.3 new text begin $100,000 in fiscal years 2008 and 2009 is new text end 28.4 new text begin for evaluating and reporting on performance, new text end 28.5 new text begin financial, and activity information of local new text end 28.6 new text begin water management entities as provided for in new text end 28.7 new text begin article 2, section 73. new text end 28.8 new text begin The board shall develop a forestry practice new text end 28.9 new text begin docket for cost-share money. The board shall new text end 28.10 new text begin develop standards or policies for cost-share new text end 28.11 new text begin practices for the following purposes: (1) new text end 28.12 new text begin establishment and maintenance of vegetated new text end 28.13 new text begin buffers of restored prairie or restored native new text end 28.14 new text begin prairie using seeds of a local ecotype; new text end 28.15 new text begin (2) establishment of cooperative weed new text end 28.16 new text begin management programs on private natural new text end 28.17 new text begin lands and lands enrolled in state and federal new text end 28.18 new text begin conservation programs and restoration of new text end 28.19 new text begin native plants in selected invasive species new text end 28.20 new text begin management sites by providing local native new text end 28.21 new text begin seeds and plants to landowners; and (3) new text end 28.22 new text begin establishment of soil and water conservation new text end 28.23 new text begin and ecological improvement practices on new text end 28.24 new text begin private forest lands. new text end 28.25 new text begin $100,000 the first year and $100,000 the new text end 28.26 new text begin second year are for a grant to the Red new text end 28.27 new text begin River Basin Commission to develop a Red new text end 28.28 new text begin River basin plan and to coordinate water new text end 28.29 new text begin management activities in the states and new text end 28.30 new text begin provinces bordering the Red River. The new text end 28.31 new text begin unencumbered balance in the first year does new text end 28.32 new text begin not cancel but is available for the second new text end 28.33 new text begin year. new text end 29.1 new text begin $5,450,000 the first year and $5,450,000 the new text end 29.2 new text begin second year are for implementation of the new text end 29.3 new text begin Clean Water Legacy Act as follows: new text end 29.4 new text begin (1) $1,500,000 each year is for targeted new text end 29.5 new text begin nonpoint restoration cost-share and incentive new text end 29.6 new text begin payments, of which up to $1,400,000 each new text end 29.7 new text begin year is available for grants. Of this amount, new text end 29.8 new text begin $250,000 each year must be contracted for new text end 29.9 new text begin services with the Minnesota Conservation new text end 29.10 new text begin Corps. The grant funds are available until new text end 29.11 new text begin expended; new text end 29.12 new text begin (2) $2,000,000 each year is for targeted new text end 29.13 new text begin nonpoint restoration and protection and new text end 29.14 new text begin technical, compliance, and engineering new text end 29.15 new text begin assistance activities, of which up to new text end 29.16 new text begin $1,325,000 the first year and $1,700,000 new text end 29.17 new text begin the second year are available for grants, of new text end 29.18 new text begin which $225,000 the first year is to inventory new text end 29.19 new text begin wetland mitigation opportunities and water new text end 29.20 new text begin quality and watershed improvement projects new text end 29.21 new text begin in a greater than 80 percent area and of new text end 29.22 new text begin which $150,000 the first year is to conduct a new text end 29.23 new text begin regionwide wetland mitigation siting analysis new text end 29.24 new text begin for greater than 80 percent areas. The new text end 29.25 new text begin $225,000 amount shall include an inventory new text end 29.26 new text begin of the wetland and water resources that have new text end 29.27 new text begin been developed on former mine lands and new text end 29.28 new text begin an analysis of the functions and values of new text end 29.29 new text begin those wetland and water resources. This is a new text end 29.30 new text begin onetime appropriation and is available until new text end 29.31 new text begin June 30, 2009. The $150,000 amount for new text end 29.32 new text begin analysis shall (i) evaluate wetland mitigation new text end 29.33 new text begin opportunities in each watershed and wetland new text end 29.34 new text begin bank service area, (ii) develop goals for new text end 29.35 new text begin maintaining water quality in the greater than new text end 29.36 new text begin 80 percent areas, and (iii) identify wetland new text end 30.1 new text begin mitigation opportunities in other regions with new text end 30.2 new text begin a greater loss of wetlands or with impaired new text end 30.3 new text begin waters. This is a onetime appropriation and new text end 30.4 new text begin is available until June 30, 2009. A report on new text end 30.5 new text begin the analysis outcomes shall be given to the new text end 30.6 new text begin house and senate chairs of the environment new text end 30.7 new text begin and natural resources policy and finance new text end 30.8 new text begin committees by January 15, 2009; new text end 30.9 new text begin (3) $200,000 each year is for reporting new text end 30.10 new text begin and evaluating applied soil and water new text end 30.11 new text begin conservation practices; new text end 30.12 new text begin (4) $1,000,000 each year is for grants new text end 30.13 new text begin to implement county individual sewage new text end 30.14 new text begin treatment system programs. Of this new text end 30.15 new text begin amount, after a county has complied with new text end 30.16 new text begin requirements to adopt ordinances pursuant new text end 30.17 new text begin to Minnesota Statutes, section 115.55, new text end 30.18 new text begin subdivision 2, the county may request grants new text end 30.19 new text begin of up to $60,000 the first year and $60,000 new text end 30.20 new text begin the second year to inventory properties with new text end 30.21 new text begin individual sewage treatment systems that new text end 30.22 new text begin are an imminent threat to public health or new text end 30.23 new text begin safety due to water discharges of untreated new text end 30.24 new text begin sewage, and require compliance under an new text end 30.25 new text begin applicable ordinance. The grant amount new text end 30.26 new text begin shall be proportional to the number of new text end 30.27 new text begin properties expected to be inventoried. Each new text end 30.28 new text begin county receiving an appropriation under new text end 30.29 new text begin this paragraph shall report the number of new text end 30.30 new text begin inspections and the number determined to be new text end 30.31 new text begin an imminent threat to public health or safety new text end 30.32 new text begin to the Pollution Control Agency by February new text end 30.33 new text begin 1 of each year; new text end 31.1 new text begin (5) $650,000 each year is for feedlot water new text end 31.2 new text begin quality grants for feedlots under 300 animal new text end 31.3 new text begin units where there are impaired waters; and new text end 31.4 new text begin (6) $100,000 each year is to the Minnesota new text end 31.5 new text begin River Basin Joint Powers Board, also known new text end 31.6 new text begin as the Minnesota River Board, for operating new text end 31.7 new text begin expenses to measure and report the results of new text end 31.8 new text begin projects in the 12 major watersheds within new text end 31.9 new text begin the Minnesota River basin. new text end 31.10 new text begin If the appropriations in clauses (1) to (6) in new text end 31.11 new text begin either year are insufficient, the appropriation new text end 31.12 new text begin in the other year is available for it. All of new text end 31.13 new text begin the money appropriated in clauses (1) to new text end 31.14 new text begin (6) as grants to local governments shall be new text end 31.15 new text begin administered through the Board of Water new text end 31.16 new text begin and Soil Resources' local water resources new text end 31.17 new text begin protection and management program under new text end 31.18 new text begin Minnesota Statutes, section 103B.3369. new text end 31.19 new text begin $140,000 the first year and $140,000 new text end 31.20 new text begin the second year are for a grant to Area new text end 31.21 new text begin II, Minnesota River Basin Projects, new text end 31.22 new text begin for floodplain management, including new text end 31.23 new text begin administration of programs. new text end 31.24 new text begin $1,120,000 the first year and $1,060,000 the new text end 31.25 new text begin second year may be spent for the following new text end 31.26 new text begin purposes to support implementation of the new text end 31.27 new text begin Wetland Conservation Act: $500,000 each new text end 31.28 new text begin year is to make grants to local units of new text end 31.29 new text begin governments to improve response to major new text end 31.30 new text begin wetland violations; $500,000 each year is for new text end 31.31 new text begin staffing to provide adequate state oversight new text end 31.32 new text begin and technical support to local governments new text end 31.33 new text begin administering the Wetland Conservation Act; new text end 31.34 new text begin $60,000 each year is for staff to monitor and new text end 31.35 new text begin enforce wetland replacement and wetland new text end 32.1 new text begin bank sites; and $60,000 the first year is new text end 32.2 new text begin for rulemaking required by changes to the new text end 32.3 new text begin Wetland Conservation Act. new text end 32.4 new text begin $450,000 the first year and $800,000 new text end 32.5 new text begin the second year are to implement new text end 32.6 new text begin recommendations of the Drainage Work new text end 32.7 new text begin Group to enhance public drainage and new text end 32.8 new text begin modernization as follows: $150,000 the first new text end 32.9 new text begin year is to develop guidelines for drainage new text end 32.10 new text begin records preservation and modernization; new text end 32.11 new text begin $500,000 the second year is for cost-share new text end 32.12 new text begin grants to local governments for public new text end 32.13 new text begin drainage records modernization; and new text end 32.14 new text begin $300,000 each year is to provide assistance new text end 32.15 new text begin to local drainage management officials, to new text end 32.16 new text begin facilitate the work of the Drainage Work new text end 32.17 new text begin Group, to staff a drainage assistance team, new text end 32.18 new text begin and to update the Minnesota Public Drainage new text end 32.19 new text begin Manual. All of the money appropriated in new text end 32.20 new text begin this paragraph as grants to local governments new text end 32.21 new text begin shall be administered through the Board new text end 32.22 new text begin of Water and Soil Resources' local water new text end 32.23 new text begin resources protection and management new text end 32.24 new text begin program under Minnesota Statutes, section new text end 32.25 new text begin 103B.3369. new text end 32.26 new text begin In addition to other authorities, the Board new text end 32.27 new text begin of Water and Soil Resources may reduce, new text end 32.28 new text begin withhold, or redirect grants and other funding new text end 32.29 new text begin if the local water management entity has new text end 32.30 new text begin not corrected deficiencies as prescribed in a new text end 32.31 new text begin notice from the board within one year from new text end 32.32 new text begin the date of the notice. new text end 32.33 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 32.34 new text begin Appropriations by Fund new text end 32.35 new text begin 2008 new text end new text begin 2009 new text end 33.1 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 33.2 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 33.3 new text begin $4,050,000 the first year and $4,050,000 new text end 33.4 new text begin the second year are for metropolitan parks new text end 33.5 new text begin operations. new text end 33.6 new text begin $4,570,000 the first year and $4,570,000 the new text end 33.7 new text begin second year are from the natural resources new text end 33.8 new text begin fund for metropolitan area regional parks new text end 33.9 new text begin and trails maintenance and operations. This new text end 33.10 new text begin appropriation is from the revenue deposited new text end 33.11 new text begin in the natural resources fund under Minnesota new text end 33.12 new text begin Statutes, section 297A.94, paragraph (e), new text end 33.13 new text begin clause (3). new text end 33.14 33.15 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 840,000 new text end new text begin $ new text end new text begin 840,000 new text end 33.16 new text begin Appropriations by Fund new text end 33.17 new text begin 2008 new text end new text begin 2009 new text end 33.18 new text begin General new text end new text begin 350,000 new text end new text begin 350,000 new text end 33.19 new text begin Natural Resources new text end new text begin 490,000 new text end new text begin 490,000 new text end 33.20 new text begin The Minnesota Conservation Corps may new text end 33.21 new text begin receive money appropriated from the new text end 33.22 new text begin natural resources fund under this section new text end 33.23 new text begin only as provided in an agreement with the new text end 33.24 new text begin commissioner of natural resources. new text end 33.25ARTICLE 2 33.26ENVIRONMENT AND NATURAL RESOURCES POLICY 33.27    Section 1. Minnesota Statutes 2006, section 10A.01, subdivision 35, is amended to 33.28read: 33.29    Subd. 35. Public official. "Public official" means any: 33.30    (1) member of the legislature; 33.31    (2) individual employed by the legislature as secretary of the senate, legislative 33.32auditor, chief clerk of the house, revisor of statutes, or researcher, legislative analyst, or 33.33attorney in the Office of Senate Counsel and Research or House Research; 34.1    (3) constitutional officer in the executive branch and the officer's chief administrative 34.2deputy; 34.3    (4) solicitor general or deputy, assistant, or special assistant attorney general; 34.4    (5) commissioner, deputy commissioner, or assistant commissioner of any state 34.5department or agency as listed in section 15.01 or 15.06, or the state chief information 34.6officer; 34.7    (6) member, chief administrative officer, or deputy chief administrative officer of a 34.8state board or commission that has either the power to adopt, amend, or repeal rules under 34.9chapter 14, or the power to adjudicate contested cases or appeals under chapter 14; 34.10    (7) individual employed in the executive branch who is authorized to adopt, amend, 34.11or repeal rules under chapter 14 or adjudicate contested cases under chapter 14; 34.12    (8) executive director of the State Board of Investment; 34.13    (9) deputy of any official listed in clauses (7) and (8); 34.14    (10) judge of the Workers' Compensation Court of Appeals; 34.15    (11) administrative law judge or compensation judge in the State Office of 34.16Administrative Hearings or referee in the Department of Employment and Economic 34.17Development; 34.18    (12) member, regional administrator, division director, general counsel, or operations 34.19manager of the Metropolitan Council; 34.20    (13) member or chief administrator of a metropolitan agency; 34.21    (14) director of the Division of Alcohol and Gambling Enforcement in the 34.22Department of Public Safety; 34.23    (15) member or executive director of the Higher Education Facilities Authority; 34.24    (16) member of the board of directors or president of Minnesota Technology, Inc.; 34.25    (17) member of the board of directors or executive director of the Minnesota State 34.26High School League; 34.27    (18) member of the Minnesota Ballpark Authority established in section 473.755; or 34.28    (19) citizen member of the Legislative-Citizen Commission on Minnesota 34.29Resources. new text begin ; new text end 34.30     new text begin (20) manager of a watershed district or member of a watershed management new text end 34.31 new text begin organization; or new text end 34.32     new text begin (21) supervisor of a soil and water conservation district. new text end 34.33    Sec. 2. Minnesota Statutes 2006, section 15.99, subdivision 3, is amended to read: 34.34    Subd. 3. Application; extensions. (a) The time limit in subdivision 2 begins upon 34.35the agency's receipt of a written request containing all information required by law or by 35.1a previously adopted rule, ordinance, or policy of the agency, including the applicable 35.2application fee. If an agency receives a written request that does not contain all required 35.3information, the 60-day limit starts over only if the agency sends written notice within 15 35.4business days of receipt of the request telling the requester what information is missing. 35.5    (b) If a request relating to zoning, septic systems, watershed district review, soil and 35.6water conservation district review, or expansion of the metropolitan urban service area 35.7requires the approval of more than one state agency in the executive branch, the 60-day 35.8period in subdivision 2 begins to run for all executive branch agencies on the day a request 35.9containing all required information is received by one state agency. The agency receiving 35.10the request must forward copies to other state agencies whose approval is required. 35.11    (c) An agency response new text begin , including an approval with conditions, new text end meets the 60-day 35.12time limit if the agency can document that the response was sent within 60 days of receipt 35.13of the written request. new text begin Failure to satisfy the conditions, if any, may be a basis to revoke new text end 35.14 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 35.15 new text begin limit was not met. new text end 35.16    (d) The time limit in subdivision 2 is extended if a state statute, federal law, or court 35.17order requires a process to occur before the agency acts on the request, and the time 35.18periods prescribed in the state statute, federal law, or court order make it impossible to 35.19act on the request within 60 days. In cases described in this paragraph, the deadline is 35.20extended to 60 days after completion of the last process required in the applicable statute, 35.21law, or order. Final approval of an agency receiving a request is not considered a process 35.22for purposes of this paragraph. 35.23    (e) The time limit in subdivision 2 is extended if: (1) a request submitted to a state 35.24agency requires prior approval of a federal agency; or (2) an application submitted to 35.25a city, county, town, school district, metropolitan or regional entity, or other political 35.26subdivision requires prior approval of a state or federal agency. In cases described in 35.27this paragraph, the deadline for agency action is extended to 60 days after the required 35.28prior approval is granted. 35.29    (f) An agency may extend the time limit in subdivision 2 before the end of the 35.30initial 60-day period by providing written notice of the extension to the applicant. The 35.31notification must state the reasons for the extension and its anticipated length, which may 35.32not exceed 60 days unless approved by the applicant. 35.33    (g) An applicant may by written notice to the agency request an extension of the 35.34time limit under this section. 35.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 36.1    Sec. 3. Minnesota Statutes 2006, section 16A.531, subdivision 1a, is amended to read: 36.2    Subd. 1a. Revenues. The following revenues must be deposited in the 36.3environmental fund: 36.4    (1) all revenue from the motor vehicle transfer fee imposed under section 115A.908; 36.5    (2) all fees collected under section 116.07, subdivision 4d; 36.6    (3) all money collected by the Pollution Control Agency in enforcement matters 36.7as provided in section 115.073; 36.8    (4) all revenues from license fees for individual sewage treatment systems under 36.9section 115.56; 36.10    (5) all loan repayments deposited under section 115A.0716; 36.11    (6) all revenue from pollution prevention fees imposed under section 115D.12; 36.12    (7) all loan repayments deposited under section 116.994; 36.13    (8) all fees collected under section 116C.834; 36.14    (9) revenue collected from the solid waste management tax pursuant to chapter 297H; 36.15    (10) fees collected under section 473.844; and 36.16    (11) interest accrued on the fund new text begin ; and new text end 36.17     new text begin (12) money received in the form of gifts, grants, reimbursement, or appropriation new text end 36.18 new text begin from any source for any of the purposes provided in subdivision 2, except federal grants new text end . 36.19    Sec. 4. new text begin [17.035] VENISON DISTRIBUTION AND REIMBURSEMENT. new text end 36.20     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 36.21 new text begin 28A may apply to the commissioner of agriculture for reimbursement of $70 towards the new text end 36.22 new text begin cost of processing a deer donated according to subdivision 1. The meat processor shall new text end 36.23 new text begin deliver the deer, processed into cuts or ground meat, to a charitable organization that is new text end 36.24 new text begin registered under chapter 309 and with the commissioner of agriculture and that operates new text end 36.25 new text begin a food assistance program. To request reimbursement, the processor shall submit an new text end 36.26 new text begin application, on a form prescribed by the commissioner of agriculture, the tag number new text end 36.27 new text begin under which the deer was taken, and a receipt for the deer from the charitable organization. new text end 36.28     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 36.29 new text begin equitable statewide distribution of processed deer by requiring the charitable organization new text end 36.30 new text begin to allocate and distribute processed deer according to the allocation formula used in the new text end 36.31 new text begin distribution of United States Department of Agriculture commodities under the federal new text end 36.32 new text begin emergency food assistance program. The charitable organization must submit quarterly new text end 36.33 new text begin reports to the commissioner on forms prescribed by the commissioner. The reports must new text end 36.34 new text begin include, but are not limited to, information on the amount of processed deer received and new text end 36.35 new text begin the organizations to which the meat was distributed. new text end 37.1     new text begin (b) The commissioner of agriculture may adopt rules to implement this section. new text end 37.2    Sec. 5. Minnesota Statutes 2006, section 17.4984, subdivision 1, is amended to read: 37.3    Subdivision 1. License required. (a) A person or entity may not operate an aquatic 37.4farm without first obtaining an aquatic farm license from the commissioner. 37.5    (b) Applications for an aquatic farm license must be made on forms provided by 37.6the commissioner. 37.7    (c) Licenses are valid for five years and are transferable upon notification to the 37.8commissioner. 37.9    (d) The commissioner shall issue an aquatic farm license on payment of the required 37.10license fee under section 17.4988. 37.11    (e) A license issued by the commissioner is not a determination of private property 37.12rights, but is only based on a determination that the licensee does not have a significant 37.13detrimental impact on the public resource. 37.14     new text begin (f) The commissioner shall not issue a new license to farm minnows in a natural new text end 37.15 new text begin water body if the natural water body is the subject of a protective easement or other new text end 37.16 new text begin interest in land that was acquired with funding from federal waterfowl stamp proceeds new text end 37.17 new text begin or migratory waterfowl stamp proceeds under section 97A.075, subdivision 2, or if the new text end 37.18 new text begin natural water body was the subject of any other development, restoration, maintenance, or new text end 37.19 new text begin preservation project funded under section 97A.075, subdivision 2. new text end 37.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective July 1, 2008. new text end 37.21    Sec. 6. Minnesota Statutes 2006, section 18G.03, is amended by adding a subdivision 37.22to read: 37.23     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 37.24 new text begin to exotic aquatic plants and wild animal species regulated under chapter 84D. new text end 37.25    Sec. 7. Minnesota Statutes 2006, section 18G.11, is amended to read: 37.2618G.11 COOPERATION WITH OTHER JURISDICTIONS. 37.27     new text begin Subdivision 1. new text end new text begin Detection and control agreements. new text end The commissioner may enter 37.28into cooperative agreements with organizations, persons, civic groups, governmental 37.29agencies, or other organizations to adopt and execute plans to detect and control areas 37.30infested or infected with harmful plant pests. The cooperative agreements may include 37.31provisions of joint funding of any control treatment. 38.1    If a harmful plant pest infestation or infection occurs and cannot be adequately 38.2controlled by individual persons, owners, tenants, or local units of government, the 38.3commissioner may conduct the necessary control measures independently or on a 38.4cooperative basis with federal or other units of government. 38.5     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 38.6 new text begin grants to municipalities or enter into contracts with municipalities, nurseries, colleges, new text end 38.7 new text begin universities, state or federal agencies in connection with new or emerging plant pests new text end 38.8 new text begin programs, including research, or any other organization with the legal authority to enter new text end 38.9 new text begin into contractual agreements. new text end 38.10    Sec. 8. new text begin [84.02] DEFINITIONS. new text end 38.11     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 38.12 new text begin section shall have the meanings given them. new text end 38.13     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 38.14 new text begin management practice for native prairie restoration" means using seeds collected from a new text end 38.15 new text begin native prairie within the same county or within 25 miles of the county's border, but not new text end 38.16 new text begin across the boundary of an ecotype region. new text end 38.17     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 38.18 new text begin or plants with origins outside of the state of Minnesota. new text end 38.19     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 38.20 new text begin subsections and counties based on the Department of Natural Resources map, "County new text end 38.21 new text begin Landscape Groupings Based on Ecological Subsections," dated February 15, 2007. new text end 38.22 new text begin Ecotype Region new text end new text begin Counties or portions thereof: new text end 38.23 38.24 38.25 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 38.26 38.27 38.28 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 38.29 38.30 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 38.31 new text begin Red River Prairie (South) new text end new text begin Traverse, Wilkin, Clay, Becker new text end 38.32 38.33 38.34 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 38.35 38.36 38.37 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 39.1 39.2 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 39.3 39.4 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 39.5     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 39.6 new text begin where native prairie vegetation originating from the site currently predominates or, if new text end 39.7 new text begin disturbed, is predominantly covered with native prairie vegetation that originated from the new text end 39.8 new text begin site. Unbroken pasture land used for livestock grazing can be considered native prairie if it new text end 39.9 new text begin has predominantly native vegetation originating from the site and conservation practices new text end 39.10 new text begin have maintained biological diversity. new text end 39.11     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 39.12 new text begin ecotype" means a genetically differentiated population of a species that has at least one new text end 39.13 new text begin trait (morphological, biochemical, fitness, or phenological) that is evolutionarily adapted new text end 39.14 new text begin to local environmental conditions, notably plant competitors, pathogens, pollinators, soil new text end 39.15 new text begin microorganisms, growing season length, climate, hydrology, and soil. new text end 39.16     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 39.17 new text begin using at least 25 representative and biologically diverse native prairie plant species of a new text end 39.18 new text begin local ecotype originating in the same county as the restoration site or within 25 miles of new text end 39.19 new text begin the county's border, but not across the boundary of an ecotype region. new text end 39.20     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 39.21 new text begin 25 representative and biologically diverse native prairie plant species originating from new text end 39.22 new text begin the same ecotype region in which the restoration occurs. new text end 39.23    Sec. 9. Minnesota Statutes 2006, section 84.025, subdivision 9, is amended to read: 39.24    Subd. 9. Professional services support account. The commissioner of natural 39.25resources may bill the various programs carried out by the commissioner for the costs of 39.26providing them with professional support services. new text begin Except as provided under section new text end 39.27 new text begin 89.421, new text end receipts must be credited to a special account in the state treasury and are 39.28appropriated to the commissioner to pay the costs for which the billings were made. 39.29    The commissioner of natural resources shall submit to the commissioner of finance 39.30before the start of each fiscal year a work plan showing the estimated work to be done 39.31during the coming year, the estimated cost of doing the work, and the positions and fees 39.32that will be necessary. This account is exempted from statewide and agency indirect 39.33cost payments. 39.34    Sec. 10. Minnesota Statutes 2006, section 84.026, subdivision 1, is amended to read: 40.1    Subdivision 1. Contracts. The commissioner of natural resources is authorized 40.2to enter into contractual agreements with any public or private entity for the provision 40.3of statutorily prescribed natural resources services by the department. The contracts 40.4shall specify the services to be provided. new text begin Except as provided under section 89.421, new text end funds 40.5generated in a contractual agreement made pursuant to this section shall be deposited in 40.6the special revenue fund and are appropriated to the department for purposes of providing 40.7the services specified in the contracts. The commissioner shall report revenues collected 40.8and expenditures made under this subdivision to the chairs of the Committees on Ways and 40.9Means in the house and Finance in the senate by January 1 of each odd-numbered year. 40.10    Sec. 11. Minnesota Statutes 2006, section 84.0272, is amended by adding a subdivision 40.11to read: 40.12     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 40.13 new text begin authority of the commissioner must: new text end 40.14     new text begin (1) specify in the easement all provisions that are perpetual in nature; new text end 40.15     new text begin (2) file the easement with the county recorder or registrar of titles in the county new text end 40.16 new text begin in which the land is located; and new text end 40.17     new text begin (3) submit an electronic copy of the easement to the commissioner. new text end 40.18    Sec. 12. Minnesota Statutes 2006, section 84.0855, subdivision 1, is amended to read: 40.19    Subdivision 1. Sales authorized; gift certificates. The commissioner may 40.20sell natural resources-related publications and maps; new text begin forest resource assessment new text end 40.21 new text begin products; new text end federal migratory waterfowl, junior duck, and other federal stamps; and other 40.22nature-related merchandise, and may rent or sell items for the convenience of persons using 40.23Department of Natural Resources facilities or services. The commissioner may sell gift 40.24certificates for any items rented or sold. Notwithstanding section 16A.1285, a fee charged 40.25by the commissioner under this section may include a reasonable amount in excess of the 40.26actual cost to support Department of Natural Resources programs. The commissioner may 40.27advertise the availability of a program or item offered under this section. 40.28    Sec. 13. Minnesota Statutes 2006, section 84.0855, subdivision 2, is amended to read: 40.29    Subd. 2. Receipts; appropriation. new text begin Except as provided under section 89.421, new text end 40.30money received by the commissioner under this section or to buy supplies for the use of 40.31volunteers, may be credited to one or more special accounts in the state treasury and is 40.32appropriated to the commissioner for the purposes for which the money was received. 40.33Money received from sales at the state fair shall be available for state fair related costs. 41.1Money received from sales of intellectual property and software products or services shall 41.2be available for development, maintenance, and support of software products and systems. 41.3    Sec. 14. Minnesota Statutes 2006, section 84.780, is amended to read: 41.484.780 OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT. 41.5    (a) The off-highway vehicle damage account is created in the natural resources fund. 41.6Money in the off-highway vehicle damage account is appropriated to the commissioner 41.7of natural resources for the repair or restoration of property damaged by the operation of 41.8off-highway vehicles in an unpermitted new text begin illegal new text end area after August 1, 2003, and for the costs 41.9of administration for this section. Before the commissioner may make a payment from 41.10this account, the commissioner must determine whether the damage to the property was 41.11caused by the unpermitted new text begin illegal new text end use of off-highway vehicles, that the applicant has made 41.12reasonable efforts to identify the responsible individual and obtain payment from the 41.13individual, and that the applicant has made reasonable efforts to prevent reoccurrence. 41.14By June 30, 2008, the commissioner of finance must transfer the remaining balance in the 41.15account to the off-highway motorcycle account under section , the off-road vehicle 41.16account under section , and the all-terrain vehicle account under section . 41.17The amount transferred to each account must be proportionate to the amounts received in 41.18the damage account from the relevant off-highway vehicle accounts. 41.19    (b) Determinations of the commissioner under this section may be made by written 41.20order and are exempt from the rulemaking provisions of chapter 14. Section 14.386 41.21does not apply. 41.22    (c) This section expires July 1, 2008 new text begin These funds are available until expended new text end . 41.23    Sec. 15. new text begin [84.8045] RESTRICTIONS ON OFF-ROAD VEHICLE TRAILS. new text end 41.24     new text begin Notwithstanding any provision of sections 84.797 to 84.805 or other law to the new text end 41.25 new text begin contrary, the commissioner shall not permit land administered by the commissioner in new text end 41.26 new text begin Beltrami, Cass, Crow Wing, and Hubbard Counties to be used or developed for trails new text end 41.27 new text begin primarily for off-road vehicles as defined in section 84.797, subdivision 7, except: new text end 41.28     new text begin (1) upon approval by the legislature; or new text end 41.29     new text begin (2) in designated off-road vehicle use areas. new text end 41.30 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 41.31    Sec. 16. new text begin [84.9011] OFF-HIGHWAY VEHICLE SAFETY AND CONSERVATION new text end 41.32 new text begin PROGRAM. new text end 42.1     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 42.2 new text begin a program to promote the safe and responsible operation of off-highway vehicles in a new text end 42.3 new text begin manner that does not harm the environment. The commissioner shall coordinate the new text end 42.4 new text begin program through the regional offices of the Department of Natural Resources. new text end 42.5     new text begin Subd. 2. new text end new text begin Purpose. new text end new text begin The purpose of the program is to encourage off-highway vehicle new text end 42.6 new text begin clubs to assist, on a volunteer basis, in improving, maintaining, and monitoring of trails on new text end 42.7 new text begin state forest land and other public lands. new text end 42.8     new text begin Subd. 3. new text end new text begin Agreements. new text end new text begin (a) The commissioner shall enter into informal agreements new text end 42.9 new text begin with off-highway vehicle clubs for volunteer services to maintain, make improvements to, new text end 42.10 new text begin and monitor trails on state forest land and other public lands. The off-highway vehicle new text end 42.11 new text begin clubs shall promote the operation of off-highway vehicles in a safe and responsible manner new text end 42.12 new text begin that complies with the laws and rules that relate to the operation of off-highway vehicles. new text end 42.13     new text begin (b) The off-highway vehicle clubs may provide assistance to the department in new text end 42.14 new text begin locating, recruiting, and training instructors for off-highway vehicle training programs. new text end 42.15     new text begin (c) The commissioner may provide assistance to enhance the comfort and safety new text end 42.16 new text begin of volunteers and to facilitate the implementation and administration of the safety and new text end 42.17 new text begin conservation program. new text end 42.18     new text begin Subd. 4. new text end new text begin Worker displacement prohibited. new text end new text begin The commissioner may not enter into new text end 42.19 new text begin any agreement that has the purpose of or results in the displacement of public employees new text end 42.20 new text begin by volunteers participating in the off-highway safety and conservation program under new text end 42.21 new text begin this section. The commissioner must certify to the appropriate bargaining agent that the new text end 42.22 new text begin work performed by a volunteer will not result in the displacement of currently employed new text end 42.23 new text begin workers or workers on seasonal layoff or layoff from a substantially equivalent position, new text end 42.24 new text begin including partial displacement such as reduction in hours of nonovertime work, wages, or new text end 42.25 new text begin other employment benefits. new text end 42.26    Sec. 17. Minnesota Statutes 2006, section 84.927, subdivision 2, is amended to read: 42.27    Subd. 2. Purposes. Subject to appropriation by the legislature, money in the 42.28all-terrain vehicle account may only be spent for: 42.29    (1) the education and training program under section 84.925; 42.30    (2) administration, enforcement, and implementation of sections 84.773 to 84.929; 42.31    (3) acquisition, maintenance, and development of vehicle trails and use areas; 42.32    (4) grant-in-aid programs to counties and municipalities to construct and maintain 42.33all-terrain vehicle trails and use areas; 42.34    (5) grants-in-aid to local safety programs; and 42.35    (6) enforcement and public education grants to local law enforcement agencies. new text begin ; and new text end 43.1     new text begin (7) maintenance of minimum-maintenance forest roads according to section 89.71, new text end 43.2 new text begin subdivision 5, and county forest roads within state forest boundaries as defined under new text end 43.3 new text begin section 89.021. new text end 43.4    The distribution of funds made available through grant-in-aid programs must be 43.5guided by the statewide comprehensive outdoor recreation plan. 43.6    Sec. 18. Minnesota Statutes 2006, section 84.963, is amended to read: 43.784.963 PRAIRIE PLANT SEED PRODUCTION AREAS. 43.8     new text begin (a) new text end The commissioner of natural resources shall study the feasibility of establishing 43.9private or public prairie plant seed production areas within prairie land locations. If 43.10prairie plant seed production is feasible, the commissioner may aid the establishment of 43.11production areas. The commissioner may enter cost-share or sharecrop agreements with 43.12landowners having easements for conservation purposes of ten or more years on their land 43.13to commercially produce prairie plant seed of Minnesota origin. The commissioner may 43.14only aid prairie plant seed production areas on agricultural land used to produce crops 43.15before December 23, 1985, and cropped three out of five years between 1981 and 1985. 43.16     new text begin (b) The commissioner shall compile, prepare, and electronically disseminate to new text end 43.17 new text begin the public prairie establishment guidance materials and resources. The resources must new text end 43.18 new text begin provide information and guidance on project planning, seed selection including ecotype new text end 43.19 new text begin and species mix, site preparation, seeding, maintenance, and technical service providers. new text end 43.20 new text begin The commissioner shall use actual prairie restoration projects under development on new text end 43.21 new text begin state-owned land to illustrate and demonstrate the practices described. new text end 43.22    Sec. 19. Minnesota Statutes 2006, section 84D.02, is amended by adding a subdivision 43.23to read: 43.24     new text begin Subd. 7. new text end new text begin Contracts for services for emergency invasive species prevention work; new text end 43.25 new text begin commissions to persons employed. new text end new text begin The commissioner may contract for or accept the new text end 43.26 new text begin services of any persons whose aid is available, temporarily or otherwise, in emergency new text end 43.27 new text begin invasive species prevention work, either gratuitously or for compensation not in excess of new text end 43.28 new text begin the limits provided by law with respect to the employment of labor by the commissioner. new text end 43.29 new text begin The commissioner may issue a commission, or other written evidence of authority, to any new text end 43.30 new text begin person whose services are so arranged for and may thereby empower the person to act, new text end 43.31 new text begin temporarily or otherwise, in any other capacity, with powers and duties as may be specified new text end 43.32 new text begin in the commission or other written evidence of authority, but not in excess of the powers new text end 43.33 new text begin conferred by law. The commissioner of agriculture, under authority provided by law, shall new text end 43.34 new text begin cooperate with the commissioner in emergency control of invasive species prevention. new text end 44.1    Sec. 20. Minnesota Statutes 2006, section 84D.13, subdivision 7, is amended to read: 44.2    Subd. 7. Satisfaction of civil penalties. A civil penalty is due and a watercraft 44.3license suspension is effective 30 days after issuance of the civil citation. A civil penalty 44.4collected under this section is payable to the commissioner and must be credited to the 44.5water recreation account new text begin invasive species account new text end . 44.6    Sec. 21. Minnesota Statutes 2006, section 84D.14, is amended to read: 44.784D.14 EXEMPTIONS. 44.8    This chapter does not apply to: 44.9    (1) pathogens and terrestrial arthropods regulated under sections 18G.01 to 18G.16 new text begin new text end 44.10 new text begin 18G.15 new text end ; or 44.11    (2) mammals and birds defined by statute as livestock. 44.12    Sec. 22. new text begin [84D.15] INVASIVE SPECIES ACCOUNT. new text end 44.13     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 44.14 new text begin treasury in the natural resources fund. new text end 44.15     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 44.16 new text begin section 86B.415, subdivision 7, and civil penalties under section 84D.13 shall be deposited new text end 44.17 new text begin in the invasive species account. Each year, the commissioner of finance shall transfer from new text end 44.18 new text begin the game and fish fund to the invasive species account, the annual surcharge collected on new text end 44.19 new text begin nonresident fishing licenses under section 97A.475, subdivision 7, paragraph (b). new text end 44.20     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 44.21 new text begin in subdivision 2 shall be used for management of invasive species and implementation of new text end 44.22 new text begin this chapter as it pertains to invasive species, including control, public awareness, law new text end 44.23 new text begin enforcement, assessment and monitoring, management planning, and research. new text end 44.24    Sec. 23. Minnesota Statutes 2006, section 85.013, is amended by adding a subdivision 44.25to read: 44.26     new text begin Subd. 11b. new text end new text begin Greenleaf Lake State Recreation Area, which is hereby renamed from new text end 44.27 new text begin Greenleaf Lake State Park. new text end 44.28    Sec. 24. new text begin [85.0146] CUYUNA COUNTRY STATE RECREATION AREA; new text end 44.29 new text begin CITIZENS ADVISORY COUNCIL. new text end 44.30     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 44.31 new text begin Area Citizens Advisory Council is established. Membership on the advisory council new text end 44.32 new text begin shall include: new text end 45.1     new text begin (1) a representative of the Cuyuna Range Mineland Recreation Area Joint Powers new text end 45.2 new text begin Board; new text end 45.3     new text begin (2) a representative of the Croft Mine Historical Park Joint Powers Board; new text end 45.4     new text begin (3) a designee of the Cuyuna Range Mineland Reclamation Committee who has new text end 45.5 new text begin worked as a miner in the local area; new text end 45.6     new text begin (4) a representative of the Crow Wing County Board; new text end 45.7     new text begin (5) an elected state official; new text end 45.8     new text begin (6) a representative of the Grand Rapids regional office of the Department of Natural new text end 45.9 new text begin Resources; new text end 45.10     new text begin (7) a designee of the Iron Range Resources and Rehabilitation Board; new text end 45.11     new text begin (8) a designee of the local business community selected by the area chambers of new text end 45.12 new text begin commerce; new text end 45.13     new text begin (9) a designee of the local environmental community selected by the Crow Wing new text end 45.14 new text begin County District 5 commissioner; new text end 45.15     new text begin (10) a designee of a local education organization selected by the Crosby-Ironton new text end 45.16 new text begin School Board; new text end 45.17     new text begin (11) a designee of one of the recreation area user groups selected by the Cuyuna new text end 45.18 new text begin Range Chamber of Commerce; and new text end 45.19     new text begin (12) a member of the Cuyuna Country Heritage Preservation Society. new text end 45.20     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 45.21 new text begin annually. The council shall elect a chair and meetings shall be at the call of the chair. new text end 45.22     new text begin (b) Members of the advisory council shall serve as volunteers for two-year terms new text end 45.23 new text begin with the ability to be reappointed. Members shall accept no per diem. new text end 45.24     new text begin (c) The state recreation area manager may attend the council meetings and advise new text end 45.25 new text begin the council of issues in management of the recreation area. new text end 45.26     new text begin (d) Before a major decision is implemented in the Cuyuna Country State Recreation new text end 45.27 new text begin Area, the area manager must consult with the council and take into consideration any new text end 45.28 new text begin council comments or advice that may impact the major decision. new text end 45.29    Sec. 25. Minnesota Statutes 2006, section 85.054, subdivision 12, is amended to read: 45.30    Subd. 12. Soudan Underground Mine State Park. A state park permit is not 45.31required and a fee may not be charged for motor vehicle entry or new text begin , new text end parking at the visitor 45.32parking area of Soudan Underground Mine State Park new text begin , or for tours of the High Energy new text end 45.33 new text begin Physics Lab by supervised kindergarten through grade 12 school classes during the school new text end 45.34 new text begin year new text end . 46.1    Sec. 26. Minnesota Statutes 2006, section 85.054, is amended by adding a subdivision 46.2to read: 46.3     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 46.4 new text begin required and a fee may not be charged for motor vehicle entry or parking at Croft Mine new text end 46.5 new text begin Historical Park and Portsmouth Mine Lake Overlook in Cuyuna Country State Recreation new text end 46.6 new text begin Area, except for overnight camping. new text end 46.7    Sec. 27. Minnesota Statutes 2006, section 86B.706, subdivision 2, is amended to read: 46.8    Subd. 2. Money deposited in account. The following shall be deposited in the state 46.9treasury and credited to the water recreation account: 46.10    (1) fees and surcharges from titling and licensing of watercraft under this chapter; 46.11    (2) fines, installment payments, and forfeited bail according to section 86B.705, 46.12subdivision 2 ; 46.13    (3) civil penalties according to section ; 46.14    (4) mooring fees and receipts from the sale of marine gas at state-operated or 46.15state-assisted small craft harbors and mooring facilities according to section 86A.21; 46.16    (5) new text begin (4) new text end the unrefunded gasoline tax attributable to watercraft use under section 46.17296A.18 ; and 46.18    (6) new text begin (5) new text end fees for permits issued to control or harvest aquatic plants other than wild 46.19rice under section 103G.615, subdivision 2. 46.20    Sec. 28. Minnesota Statutes 2006, section 88.01, is amended by adding a subdivision 46.21to read: 46.22     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 46.23 new text begin and associated plants occurring individually, in small groups, or under forest conditions new text end 46.24 new text begin within a municipality. new text end 46.25    Sec. 29. Minnesota Statutes 2006, section 88.79, subdivision 1, is amended to read: 46.26    Subdivision 1. Employment of competent foresters; service to private owners. 46.27    The commissioner of natural resources may employ competent foresters to furnish owners 46.28of forest lands within the state of Minnesota who own not more than 1,000 acres of forest 46.29land, forest management services consisting of: 46.30    (1) advice in management and protection of timber, including written stewardship 46.31and forest management plans; 46.32    (2) selection and marking of timber to be cut; 46.33    (3) measurement of products; 47.1    (4) aid in marketing harvested products; 47.2    (5) provision of tree-planting equipment; and 47.3    (6) new text begin advice in community forest management; and new text end 47.4     new text begin (7) new text end such other services as the commissioner of natural resources deems necessary 47.5or advisable to promote maximum sustained yield of timber new text begin and other benefits new text end upon 47.6such forest lands. 47.7    Sec. 30. Minnesota Statutes 2006, section 88.79, subdivision 2, is amended to read: 47.8    Subd. 2. Charge for service; receipts to special revenue fund. The commissioner 47.9of natural resources may charge the owner receiving such services such sums as the 47.10commissioner shall determine to be fair and reasonable. The charges must account for 47.11differences in the value of timber new text begin and other benefits new text end . The receipts from such services shall 47.12be credited to the special revenue fund and are annually appropriated to the commissioner 47.13for the purposes specified in subdivision 1. 47.14    Sec. 31. Minnesota Statutes 2006, section 88.82, is amended to read: 47.1588.82 MINNESOTA RELEAF PROGRAM. 47.16    The Minnesota releaf program is established in the Department of Natural Resources 47.17to encourage, promote, and fund the new text begin inventory, new text end planting, new text begin assessment, new text end maintenance, and 47.18improvement new text begin , protection, and restoration new text end of trees new text begin and forest resources new text end in this state to 47.19 new text begin enhance community forest ecosystem health and sustainability as well as to new text end reduce 47.20atmospheric carbon dioxide levels and promote energy conservation. 47.21    Sec. 32. Minnesota Statutes 2006, section 89.001, subdivision 8, is amended to read: 47.22    Subd. 8. Forest resources. "Forest resources" means those natural assets of forest 47.23lands, including timber and other forest crops; biological diversity; recreation; fish and 47.24wildlife habitat; wilderness; rare and distinctive flora and fauna; air; water; soil; new text begin climate; new text end 47.25and educational, aesthetic, and historic values. 47.26    Sec. 33. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 47.27to read: 47.28     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 47.29 new text begin plant pathogen, or plant that is determined by the commissioner to be harmful, injurious, new text end 47.30 new text begin or destructive to forests or timber. new text end 48.1    Sec. 34. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 48.2to read: 48.3     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 48.4 new text begin animal, plant pathogen, or plant that is determined by the commissioner to be harmful, new text end 48.5 new text begin injurious, or destructive to shade trees or community forests. new text end 48.6    Sec. 35. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 48.7to read: 48.8     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 48.9 new text begin section 88.01, subdivision 27. new text end 48.10    Sec. 36. Minnesota Statutes 2006, section 89.001, is amended by adding a subdivision 48.11to read: 48.12     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 48.13 new text begin for aesthetic or environmental purposes. new text end 48.14    Sec. 37. Minnesota Statutes 2006, section 89.01, subdivision 1, is amended to read: 48.15    Subdivision 1. Best methods. The commissioner shall ascertain and observe the 48.16best methods of reforesting cutover and denuded lands, foresting waste lands, preventing 48.17destruction 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 48.18 new text begin pests, or shade tree pests, new text end administering forests on forestry principles, encouraging private 48.19owners 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 48.20conserving the forests around the head waters of streams and on the watersheds of the state. 48.21    Sec. 38. Minnesota Statutes 2006, section 89.01, subdivision 2, is amended to read: 48.22    Subd. 2. General duties. The commissioner shall execute all rules pertaining 48.23to forestry and forest protection within the jurisdiction of the state; have charge of the 48.24work of protecting all forests and lands from fire new text begin , forest pests, and shade tree pests new text end ; 48.25shall investigate the origin of all forest fires; and prosecute all violators as provided by 48.26law; shall prepare and print for public distribution an abstract of the forest fire laws of 48.27Minnesota, together with such rules as may be formulated. 48.28    The commissioner shall prepare printed notices calling attention to the dangers from 48.29forest fires and cause them to be posted in conspicuous places. 48.30    Sec. 39. Minnesota Statutes 2006, section 89.01, subdivision 4, is amended to read: 49.1    Subd. 4. Forest plans. The commissioner shall cooperate with the several 49.2departments of the state and federal governments and with counties, towns, new text begin municipalities, new text end 49.3corporations, or individuals in the preparation of plans for forest protection, new text begin and new text end 49.4management, 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 49.5 new text begin or on new text end timber tracts, using such influence as time will permit toward the establishment of 49.6scientific forestry principles in the management, protection, and promotion of the forest 49.7resources of the state. 49.8    Sec. 40. Minnesota Statutes 2006, section 89.22, subdivision 2, is amended to read: 49.9    Subd. 2. Receipts to natural resources new text begin special revenue new text end fund. Fees collected under 49.10subdivision 1 shall be credited to a forest land use account in the natural resources fund new text begin new text end 49.11 new text begin the special revenue fund and are annually appropriated to the commissioner to recoup the new text end 49.12 new text begin costs of developing, operating, and maintaining facilities necessary for the specified uses new text end 49.13 new text begin in subdivision 1 or to prevent or mitigate resource impacts of those uses new text end . 49.14 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 49.15 new text begin collected according to Minnesota Statutes, section 89.22, subdivision 1, after August new text end 49.16 new text begin 1, 2006. new text end 49.17    Sec. 41. new text begin [89.421] FOREST RESOURCE ASSESSMENT PRODUCTS AND new text end 49.18 new text begin SERVICES ACCOUNT. new text end 49.19     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 49.20 new text begin account is created in the state treasury in the natural resources fund. new text end 49.21     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 49.22 new text begin and services provided by the commissioner under sections 84.025, subdivision 9; 84.026; new text end 49.23 new text begin and 84.0855 shall be credited to the forest resource assessment products and services new text end 49.24 new text begin account. Forest resource assessment products and services include the sale of aerial new text end 49.25 new text begin photography, remote sensing, and satellite imagery products and services. new text end 49.26     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 49.27 new text begin assessment products and services account under subdivision 2 is appropriated for fiscal new text end 49.28 new text begin years 2008 and 2009 to the commissioner and shall be used to maintain the staff and new text end 49.29 new text begin facilities producing the aerial photography, remote sensing, and satellite imagery products new text end 49.30 new text begin and services. new text end 49.31    Sec. 42. Minnesota Statutes 2006, section 89.51, subdivision 1, is amended to read: 49.32    Subdivision 1. Applicability. For the purposes of sections 89.51 to new text begin 89.64 new text end the 49.33terms described in this section have the meanings ascribed to them. 50.1    Sec. 43. Minnesota Statutes 2006, section 89.51, subdivision 6, is amended to read: 50.2    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 50.3emergency new text begin emergent new text end infestation or infection by forest new text begin pests or shade tree new text end pests. 50.4    Sec. 44. Minnesota Statutes 2006, section 89.51, subdivision 9, is amended to read: 50.5    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 50.6occurs a stand or potential stand of trees valuable for timber products, watershed or 50.7wildlife protection, recreational uses new text begin , community forest benefits, new text end or other purposes, and 50.8shall include lands owned or controlled by the state of Minnesota. 50.9    Sec. 45. Minnesota Statutes 2006, section 89.52, is amended to read: 50.1089.52 SURVEYS, INVESTIGATIONS. 50.11    The commissioner shall make surveys and investigations to determine the presence 50.12of 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 50.13representatives of the commissioner may enter at reasonable times on public and private 50.14lands for the purpose of conducting such new text begin to conduct the new text end surveys and investigations. 50.15    Sec. 46. Minnesota Statutes 2006, section 89.53, is amended to read: 50.1689.53 CONTROL OF FOREST new text begin PESTS AND SHADE TREE new text end PESTS. 50.17    Subdivision 1. Commissioner's duties; notice of control measures. Whenever the 50.18commissioner finds that an area in the state is infested or threatened to be infested with 50.19forest new text begin pests or shade tree new text end pests, the commissioner shall determine whether measures of 50.20control are needed and are available new text begin , what control measures are to be applied, new text end and the area 50.21over which the control measures shall be applied. The commissioner shall prescribe 50.22a proposed zone of infestation covering the area in which control measures are to be 50.23applied and shall publish notice of the proposal once a week, for two successive weeks 50.24in a newspaper having a general circulation in each county located in whole or in part 50.25in the proposed zone of infestation. Prescribing zones of infestation is new text begin and prescribing new text end 50.26 new text begin measures of control are new text end exempt from the rulemaking provisions of chapter 14 and section 50.2714.386 does not apply. 50.28    Subd. 2. Notice requirements; public comment. The notice shall include a 50.29description of the boundaries of the proposed zone of infestation new text begin , the control measures new text end 50.30 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 50.31 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 50.32 new text begin measures new text end should or should not be established. The commissioner shall consider any 51.1statements received in determining whether the zone shall be established new text begin and the control new text end 51.2 new text begin measures applied new text end . 51.3     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 51.4 new text begin programs for the control of forest pests or shade tree pests and for municipal reforestation. new text end 51.5    Sec. 47. Minnesota Statutes 2006, section 89.54, is amended to read: 51.689.54 ZONES OF INFESTATION, ESTABLISHMENT. 51.7    Upon the decision by the commissioner that the establishment of a zone new text begin of new text end 51.8 new text begin infestation new text end is necessary, the commissioner shall make a written order establishing said 51.9 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 51.10establishment of the zone shall thereupon be published in a newspaper having a general 51.11circulation in each county located in whole or in part in the proposed zone new text begin and posted on new text end 51.12 new text begin the Department of Natural Resources Web site new text end . 51.13    Sec. 48. Minnesota Statutes 2006, section 89.55, is amended to read: 51.1489.55 INFESTATION CONTROL, COSTS. 51.15    Upon the establishment of the zone of infestation, the commissioner may apply 51.16measures of infestation new text begin prevention and new text end control on public and private forest and other 51.17lands within such zone and to any trees, timber, plants or shrubs thereon new text begin , wood or wood new text end 51.18 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 51.19 new text begin tree new text end pests. For this purpose, the duly authorized representatives of the commissioner 51.20are authorized to enter upon any lands, public or private within such new text begin the new text end zone. The 51.21commissioner may enter into agreements with owners of the lands in the zone covering 51.22the control work on their lands, and fixing the pro rata basis on which the cost of such new text begin the new text end 51.23work will be shared between the commissioner and said new text begin the new text end owner. 51.24    Sec. 49. Minnesota Statutes 2006, section 89.56, subdivision 1, is amended to read: 51.25    Subdivision 1. Statement of expenses; cost to owners. At the end of each fiscal 51.26year and upon completion of the infestation control measures in any zone of infestation, 51.27the commissioner shall prepare a certified statement of expenses incurred in carrying 51.28out such new text begin the new text end measures, including expenses of owners covered by agreements entered 51.29into pursuant to section 89.55. The statement shall show the amount which new text begin that new text end the 51.30commissioner determines to be its new text begin the commissioner's new text end share of the expenses. The share of 51.31the commissioner may include funds and the value of other contributions made available 51.32by the federal government and other cooperators. The balance of such new text begin the new text end costs shall 51.33constitute a charge on an acreage basis as provided herein against the owners of lands in 52.1the zone containing trees valuable or potentially valuable for commercial timber purposes 52.2and affected or likely to be affected by the forest new text begin pests or shade tree new text end pests for which control 52.3measures were conducted. In fixing the rates at which charges shall be made against each 52.4owner, the commissioner shall consider the present commercial value of the trees on the 52.5land, the present and potential benefits to such new text begin the new text end owner from the application of the 52.6control measures, and the cost of applying such new text begin the new text end measures to the land, and such other 52.7factors as in the discretion of the commissioner will enable determination of an equitable 52.8distribution of the cost to all such owners. No charge shall be made against owners to the 52.9extent that they have individually or as members of a cooperative association contributed 52.10funds, supplies new text begin , new text end or services pursuant to agreement under this section. 52.11    Sec. 50. Minnesota Statutes 2006, section 89.56, subdivision 3, is amended to read: 52.12    Subd. 3. Collection. The unpaid charges assessed under sections 89.51 to new text begin new text end 52.13 new text begin 89.64 new text end and the actions of the commissioner on any protests filed pursuant to subdivision 2, 52.14shall be reported to the tax levying authority for the county in which the lands for which 52.15the charges are assessed are situated and shall be made a public record. Any charges 52.16finally determined to be due shall become a special assessment and shall be payable 52.17in the same manner and with the same interest and penalty charges and with the same 52.18procedure for collection as apply to ad valorem property taxes. Upon collection of the 52.19charges new text begin , new text end the county treasurer shall forthwith cause the amounts thereof to be paid to the 52.20forest 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 52.21charge or lien against the lands shall not be affected by the sale thereof or by dissolution 52.22of the zone of infestation. 52.23    Sec. 51. Minnesota Statutes 2006, section 89.57, is amended to read: 52.2489.57 DISSOLUTION OF ZONE INFESTATION. 52.25    Whenever the commissioner shall determine that forest new text begin pest or shade tree new text end pest 52.26control work within an established zone of infestation is no longer necessary or feasible, 52.27the commissioner shall dissolve the zone. 52.28    Sec. 52. Minnesota Statutes 2006, section 89.58, is amended to read: 52.2989.58 FOREST new text begin PEST AND SHADE TREE new text end PEST CONTROL ACCOUNT. 52.30    All money collected under the provisions of sections 89.51 to new text begin 89.64, new text end together 52.31with such money as may be appropriated by the legislature or allocated by the Legislative 52.32Advisory Commission for the purposes of sections 89.51 to , and such money 52.33as may be contributed or paid by the federal government, or any other public or private 53.1agency, organization or individual, shall be deposited in the state treasury, to the credit 53.2of the forest new text begin pest and shade tree new text end pest control account, which account is hereby created, 53.3and any moneys therein are appropriated to the commissioner for use in carrying out the 53.4purposes hereof new text begin of sections 89.51 to 89.64 new text end . 53.5    Sec. 53. Minnesota Statutes 2006, section 89.59, is amended to read: 53.689.59 COOPERATION. 53.7    The commissioner may cooperate with the United States or agencies thereof, other 53.8agencies of the state, county or municipal governments, agencies of neighboring states new text begin , new text end or 53.9other public or private organizations or individuals and may accept such funds, equipment, 53.10supplies 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 53.11agreements with the United States or its agencies for matching of federal funds as required 53.12under laws of the United States relating to forest new text begin pests and shade tree new text end pests. 53.13    Sec. 54. Minnesota Statutes 2006, section 89.60, is amended to read: 53.1489.60 DUTIES, RULES; COMMISSIONER. 53.15    The commissioner is authorized to employ personnel in accordance with the laws of 53.16this state, to procure necessary equipment, supplies new text begin , new text end and service, to enter into contracts, to 53.17provide funds to any agency of the United States for work or services under sections 89.51 53.18to 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, 53.19employees of its cooperators new text begin , new text end including employees of the United States or any agency 53.20thereof. The commissioner may prescribe rules for carrying out the purposes hereof new text begin new text end 53.21 new text begin of this section new text end . 53.22    Sec. 55. Minnesota Statutes 2006, section 89.61, is amended to read: 53.2389.61 ACT SUPPLEMENTAL. 53.24    Provisions of sections 89.51 to new text begin 89.64 new text end are supplementary to and not to be 53.25construed to repeal existing legislation. 53.26    Sec. 56. new text begin [89.62] SHADE TREE PEST CONTROL; GRANT PROGRAM. new text end 53.27     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 53.28 new text begin a shade tree pest. To be eligible, a grantee must have a pest control program approved new text end 53.29 new text begin by the commissioner that: new text end 53.30     new text begin (1) defines tree ownership and who is responsible for the costs associated with new text end 53.31 new text begin control measures; new text end 54.1     new text begin (2) defines the zone of infestation within which the control measures are to be new text end 54.2 new text begin applied; new text end 54.3     new text begin (3) includes a tree inspector certified under section 89.63 and having the authority to new text end 54.4 new text begin enter and inspect private lands; new text end 54.5     new text begin (4) has the means to enforce measures needed to limit the spread of shade tree new text end 54.6 new text begin pests; and new text end 54.7     new text begin (5) provides that grant money received will be deposited in a separate fund to be new text end 54.8 new text begin spent only for the purposes authorized by this section. new text end 54.9     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 54.10     new text begin (1) a home rule charter or statutory city or a town that exercises municipal powers new text end 54.11 new text begin under section 368.01 or any general or special law; new text end 54.12     new text begin (2) a special park district organized under chapter 398; new text end 54.13     new text begin (3) a special-purpose park and recreation board; new text end 54.14     new text begin (4) a soil and water conservation district; new text end 54.15     new text begin (5) a county; or new text end 54.16     new text begin (6) any other organization with the legal authority to enter into contractual new text end 54.17 new text begin agreements. new text end 54.18     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 54.19 new text begin under this section by the commissioner apply in a municipality unless the municipality new text end 54.20 new text begin adopts an ordinance determined by the commissioner to be more stringent than the rules new text end 54.21 new text begin and procedures of the commissioner. The rules and procedures of the commissioner or new text end 54.22 new text begin the municipality apply to all state agencies, special purpose districts, and metropolitan new text end 54.23 new text begin commissions as defined in section 473.121, subdivision 5a, that own or control land new text end 54.24 new text begin adjacent to or within a zone of infestation. new text end 54.25    Sec. 57. new text begin [89.63] CERTIFICATION OF TREE INSPECTORS. new text end 54.26     new text begin (a) The governing body of a municipality may appoint a qualified tree inspector. new text end 54.27 new text begin Two or more municipalities may jointly appoint a tree inspector for the purpose of new text end 54.28 new text begin administering their respective pest control programs. new text end 54.29     new text begin (b) Upon a determination by the commissioner that a candidate for the position new text end 54.30 new text begin of tree inspector is qualified, the commissioner shall issue a certificate of qualification new text end 54.31 new text begin to the tree inspector. The certificate is valid for one year. A person certified as a tree new text end 54.32 new text begin inspector by the commissioner may enter and inspect any public or private property that new text end 54.33 new text begin might harbor forest pests or shade tree pests. The commissioner shall offer an annual tree new text end 54.34 new text begin inspector certification workshop, upon completion of which participants are qualified new text end 54.35 new text begin as tree inspectors. new text end 55.1     new text begin (c) The commissioner may suspend and, upon notice and hearing, decertify a new text end 55.2 new text begin tree inspector if the tree inspector fails to act competently or in the public interest in new text end 55.3 new text begin the performance of duties. new text end 55.4    Sec. 58. new text begin [89.64] EXEMPTIONS. new text end 55.5     new text begin This chapter does not supersede the authority of the Department of Agriculture new text end 55.6 new text begin under chapter 18G. new text end 55.7    Sec. 59. Minnesota Statutes 2006, section 90.161, is amended by adding a subdivision 55.8to read: 55.9     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 55.10 new text begin to the preparation for harvest, a purchaser having posted a bond for 100 percent of the new text end 55.11 new text begin purchase price of a sale may request the release of the bond and the commissioner new text end 55.12 new text begin shall grant such release upon cash payment to the commissioner of the down payment new text end 55.13 new text begin requirement of the sale, plus interest. new text end 55.14    Sec. 60. Minnesota Statutes 2006, section 93.22, subdivision 1, is amended to read: 55.15    Subdivision 1. Generally. new text begin (a) new text end All payments under sections 93.14 to 93.285 shall 55.16be made to the Department of Natural Resources and shall be credited according to this 55.17section. 55.18    (a) If the lands or minerals and mineral rights covered by a lease are held by the state 55.19by virtue of an act of Congress, payments made under the lease shall be credited to the 55.20permanent fund of the class of land to which the leased premises belong. 55.21    (b) If a lease covers the bed of navigable waters, payments made under the lease 55.22shall be credited to the permanent school fund of the state. 55.23    (c) If the lands or minerals and mineral rights covered by a lease are held by the 55.24state in trust for the taxing districts, payments made under the lease shall be distributed 55.25annually on the first day of September as follows: 55.26    (1) 20 percent to the general fund; and 55.27    (2) 80 percent to the respective counties in which the lands lie, to be apportioned 55.28among the taxing districts interested therein as follows: county, three-ninths; town or city, 55.29two-ninths; and school district, four-ninths. 55.30    (d) Except as provided under this section and except where the disposition of 55.31payments may be otherwise directed by law, all payments shall be paid into the general 55.32fund of the state. 56.1     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 56.2 new text begin credited to the minerals management account in the natural resources fund as costs for new text end 56.3 new text begin the administration and management of state mineral resources by the commissioner of new text end 56.4 new text begin natural resources. new text end 56.5     new text begin (c) The remainder of the payments shall be credited as follows: new text end 56.6     new text begin (1) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 56.7 new text begin by virtue of an act of Congress, payments made under the lease shall be credited to the new text end 56.8 new text begin permanent fund of the class of land to which the leased premises belong; new text end 56.9     new text begin (2) if a lease covers the bed of navigable waters, payments made under the lease new text end 56.10 new text begin shall be credited to the permanent school fund of the state; new text end 56.11     new text begin (3) if the lands or minerals and mineral rights covered by a lease are held by the state new text end 56.12 new text begin in trust for the taxing districts, payments made under the lease shall be distributed annually new text end 56.13 new text begin on the first day of September to the respective counties in which the lands lie, to be new text end 56.14 new text begin apportioned among the taxing districts interested therein as follows: county, three-ninths; new text end 56.15 new text begin town or city, two-ninths; and school district, four-ninths; new text end 56.16     new text begin (4) if the lands or mineral rights covered by a lease became the absolute property of new text end 56.17 new text begin the state under the provisions of chapter 84A, payments made under the lease shall be new text end 56.18 new text begin distributed as follows: county containing the land from which the income was derived, new text end 56.19 new text begin five-eighths; and general fund of the state, three-eighths; and new text end 56.20     new text begin (5) except as provided under this section and except where the disposition of new text end 56.21 new text begin payments may be otherwise directed by law, payments made under a lease shall be paid new text end 56.22 new text begin into the general fund of the state. new text end 56.23    Sec. 61. Minnesota Statutes 2006, section 97A.055, subdivision 4, is amended to read: 56.24    Subd. 4. Game and fish annual reports. (a) By December 15 each year, 56.25the commissioner shall submit to the legislative committees having jurisdiction over 56.26appropriations and the environment and natural resources reports on each of the following: 56.27    (1) the amount of revenue from the following and purposes for which expenditures 56.28were made: 56.29    (i) the small game license surcharge under section 97A.475, subdivision 4; 56.30    (ii) the Minnesota migratory waterfowl stamp under section 97A.475, subdivision 56.315 , clause (1); 56.32    (iii) the trout and salmon stamp under section 97A.475, subdivision 10; 56.33    (iv) the pheasant stamp under section 97A.475, subdivision 5, clause (2); and 56.34    (v) the turkey stamp under section 97A.475, subdivision 5, clause (3); new text begin and new text end 56.35     new text begin (vi) the deer license surcharge under section 97A.475, subdivision 3a; new text end 57.1    (2) the amounts available under section 97A.075, subdivision 1, paragraphs (b) and 57.2(c), and the purposes for which these amounts were spent; 57.3    (3) money credited to the game and fish fund under this section and purposes for 57.4which expenditures were made from the fund; 57.5    (4) outcome goals for the expenditures from the game and fish fund; and 57.6    (5) summary and comments of citizen oversight committee reviews under 57.7subdivision 4b. 57.8    (b) The report must include the commissioner's recommendations, if any, for 57.9changes in the laws relating to the stamps and surcharge referenced in paragraph (a). 57.10    Sec. 62. Minnesota Statutes 2006, section 97A.065, is amended by adding a 57.11subdivision to read: 57.12     new text begin Subd. 6. new text end new text begin Deer license surcharge. new text end new text begin The surcharge collected under section 97A.475, new text end 57.13 new text begin subdivision 3a, shall be deposited in a special revenue account and is appropriated for fiscal new text end 57.14 new text begin years 2008 and 2009 to the commissioner for deer management, including for grants or new text end 57.15 new text begin payments to agencies, organizations, or individuals for assisting with the cost of processing new text end 57.16 new text begin deer taken for population management purposes for venison donation programs. None of new text end 57.17 new text begin the additional license fees shall be transferred to any other agency for administration of new text end 57.18 new text begin programs other than venison donation. If any money transferred by the commissioner is new text end 57.19 new text begin not used for a venison donation program, it shall be returned to the commissioner. new text end 57.20    Sec. 63. Minnesota Statutes 2006, section 97A.133, is amended by adding a 57.21subdivision to read: 57.22     new text begin Subd. 66. Vermillion Highlands Wildlife Management Area, Dakota County. new text end 57.23    Sec. 64. Minnesota Statutes 2006, section 97A.205, is amended to read: 57.2497A.205 ENFORCEMENT OFFICER POWERS. 57.25    An enforcement officer is authorized to: 57.26    (1) execute and serve court issued warrants and processes relating to wild animals, 57.27wild rice, public waters, water pollution, conservation, and use of water, in the same 57.28manner as a sheriff; 57.29    (2) enter any land to carry out the duties and functions of the division; 57.30    (3) make investigations of violations of the game and fish laws; 57.31    (4) take an affidavit, if it aids an investigation; 57.32    (5) arrest, without a warrant, a person who is detected in the actual violation of the 57.33game and fish laws, a provision of chapters 84, 84A, 84D, 85, 86A, 88 to 97C, 103E, 58.1103F, 103G, sections 86B.001 to 86B.815, 89.51 to ; or 609.66, subdivision 1, 58.2clauses (1), (2), (5), and (7); and 609.68; and 58.3    (6) take an arrested person before a court in the county where the offense was 58.4committed and make a complaint. 58.5    Nothing in this section grants an enforcement officer any greater powers than other 58.6licensed peace officers. 58.7    Sec. 65. Minnesota Statutes 2006, section 97A.473, subdivision 3, is amended to read: 58.8    Subd. 3. Lifetime small game hunting license; fee. (a) A resident lifetime small 58.9game hunting license authorizes a person to hunt new text begin and trap new text end small game in the state. The 58.10license authorizes those hunting new text begin and trapping new text end activities authorized by the annual resident 58.11small game hunting license new text begin and trapping licenses new text end . The license does not include a turkey 58.12stamp validation or any other hunting stamps required by law. 58.13    (b) The fees for a resident lifetime small game hunting license are: 58.14    (1) age 3 and under, $217; 58.15    (2) age 4 to age 15, $290; 58.16    (3) age 16 to age 50, $363; and 58.17    (4) age 51 and over, $213. 58.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 58.19 new text begin and applies retroactively to licenses issued after February 28, 2001. new text end 58.20    Sec. 66. Minnesota Statutes 2006, section 97A.473, subdivision 5, is amended to read: 58.21    Subd. 5. Lifetime sporting license; fee. (a) A resident lifetime sporting license 58.22authorizes a person to take fish by angling and hunt new text begin and trap new text end small game in the state. 58.23The license authorizes those activities authorized by the annual resident angling and new text begin , new text end 58.24resident small game hunting new text begin , and resident trapping new text end licenses. The license does not include 58.25a trout and salmon stamp validation, a turkey stamp validation, or any other hunting 58.26stamps required by law. 58.27    (b) The fees for a resident lifetime sporting license are: 58.28    (1) age 3 and under, $357; 58.29    (2) age 4 to age 15, $480; 58.30    (3) age 16 to age 50, $613; and 58.31    (4) age 51 and over, $413. 58.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment new text end 58.33 new text begin and applies retroactively to licenses issued after February 28, 2001. new text end 59.1    Sec. 67. Minnesota Statutes 2006, section 97A.475, is amended by adding a 59.2subdivision to read: 59.3     new text begin Subd. 3a. new text end new text begin Deer license surcharge. new text end new text begin (a) Fees for annual resident and nonresident new text end 59.4 new text begin licenses to take deer by firearms or archery established under subdivisions 2, clauses (4), new text end 59.5 new text begin (5), (9), and (11), and 3, clauses (2), (3), and (7), must be increased by a surcharge of $1, new text end 59.6 new text begin except as provided under section 97A.065, subdivision 6. An additional commission may new text end 59.7 new text begin not be assessed on the surcharge and the following statement must be included in the new text end 59.8 new text begin annual deer hunting regulations: "The $1 deer license surcharge is being paid by hunters new text end 59.9 new text begin for deer management, including assisting with the costs of processing deer donated for new text end 59.10 new text begin charitable purposes." new text end 59.11     new text begin (b) The commissioner shall report to the legislature on the participation in and new text end 59.12 new text begin effectiveness of the venison donation program by February 1, 2010. new text end 59.13    Sec. 68. Minnesota Statutes 2006, section 97A.475, subdivision 7, is amended to read: 59.14    Subd. 7. Nonresident fishing. new text begin (a) new text end Fees for the following licenses, to be issued 59.15to nonresidents, are: 59.16    (1) to take fish by angling, $34; 59.17    (2) to take fish by angling limited to seven consecutive days selected by the licensee, 59.18$24; 59.19    (3) to take fish by angling for a 72-hour period selected by the licensee, $20; 59.20    (4) to take fish by angling for a combined license for a family for one or both parents 59.21and dependent children under the age of 16, $46; 59.22    (5) to take fish by angling for a 24-hour period selected by the licensee, $8.50; and 59.23    (6) to take fish by angling for a combined license for a married couple, limited to 59.2414 consecutive days selected by one of the licensees, $35. 59.25     new text begin (b) A $2 surcharge shall be added to all nonresident fishing licenses, except licenses new text end 59.26 new text begin issued under paragraph (a), clause (5). An additional commission may not be assessed new text end 59.27 new text begin on this surcharge. new text end 59.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective March 1, 2008. new text end 59.29    Sec. 69. Minnesota Statutes 2006, section 97A.485, subdivision 7, is amended to read: 59.30    Subd. 7. Electronic licensing system commission. The commissioner shall retain 59.31for the operation of the electronic licensing system the commission established under 59.32section 84.027, subdivision 15, and issuing fees collected by the commissioner on all 59.33license fees collected, excluding: 59.34    (1) the small game surcharge; and 60.1    (2) new text begin the deer license surcharge; and new text end 60.2     new text begin (3) new text end $2.50 of the license fee for the licenses in section 97A.475, subdivisions 6, 60.3clauses (1) , (2), and (4), 7, 8, 12, and 13. 60.4    Sec. 70. new text begin [97B.303] VENISON DONATIONS. new text end 60.5     new text begin An individual who legally takes a deer may donate the deer, for distribution to new text end 60.6 new text begin charitable food assistance programs, to a meat processor that is licensed under chapter new text end 60.7 new text begin 28A. An individual donating a deer must supply the processor with the tag number under new text end 60.8 new text begin which the deer was taken. new text end 60.9    Sec. 71. Minnesota Statutes 2006, section 97C.081, subdivision 3, is amended to read: 60.10    Subd. 3. Contests requiring a permit. (a) A person must have a permit from the 60.11commissioner to conduct a fishing contest that does not meet the criteria in subdivision 2. 60.12Permits shall be issued without a fee. new text begin The commissioner shall charge a fee for the permit new text end 60.13 new text begin that recovers the costs of issuing the permit and of monitoring the activities allowed by new text end 60.14 new text begin the permit. Receipts collected from this fee shall be credited to the game and fish fund. new text end 60.15 new text begin Notwithstanding section 16A.1283, the commissioner may, by written order published in new text end 60.16 new text begin the State Register, establish contest permit fees. The fees are not subject to the rulemaking new text end 60.17 new text begin provisions of chapter 14 and section 14.386 does not apply. new text end 60.18    (b) If entry fees are over $25 per person, or total prizes are valued at more than 60.19$25,000, and if the applicant has either: 60.20    (1) not previously conducted a fishing contest requiring a permit under this 60.21subdivision; or 60.22    (2) ever failed to make required prize awards in a fishing contest conducted by 60.23the applicant, the commissioner may require the applicant to furnish the commissioner 60.24evidence of financial responsibility in the form of a surety bond or bank letter of credit in 60.25the amount of $25,000. 60.26     new text begin (c) The permit fee for any individual contest may not exceed the following amounts: new text end 60.27     new text begin (1) $120 for an open water contest not exceeding 100 participants and without new text end 60.28 new text begin off-site weigh-in; new text end 60.29     new text begin (2) $400 for an open water contest with more than 100 participants and without new text end 60.30 new text begin off-site weigh-in; new text end 60.31     new text begin (3) $500 for an open water contest not exceeding 100 participants with off-site new text end 60.32 new text begin weigh-in; new text end 60.33     new text begin (4) $1,000 for an open water contest with more than 100 participants with off-site new text end 60.34 new text begin weigh-in; or new text end 61.1     new text begin (5) $120 for an ice fishing contest with more than 150 participants. new text end 61.2    Sec. 72. Minnesota Statutes 2006, section 103B.101, is amended by adding a 61.3subdivision to read: 61.4     new text begin Subd. 12. new text end new text begin Authority to issue penalty orders. new text end new text begin The board may issue an order new text end 61.5 new text begin requiring violations to be corrected and administratively assessing monetary penalties for new text end 61.6 new text begin violations of this chapter and chapters 103C, 103D, 103E, 103F, and 103G, any rules new text end 61.7 new text begin adopted under those chapters, and any standards, limitations, or conditions established new text end 61.8 new text begin by the board. new text end 61.9 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 61.10    Sec. 73. new text begin [103B.102] LOCAL WATER MANAGEMENT ACCOUNTABILITY new text end 61.11 new text begin AND OVERSIGHT. new text end 61.12     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 61.13 new text begin finds that a process is needed to monitor the performance and activities of local water new text end 61.14 new text begin management entities. The process should be preemptive so that problems can be identified new text end 61.15 new text begin early and systematically. Underperforming entities should be provided assistance and new text end 61.16 new text begin direction for improving performance in a reasonable time frame. new text end 61.17     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 61.18 new text begin entities" means watershed districts, soil and water conservation districts, metropolitan new text end 61.19 new text begin water management organizations, and counties operating separately or jointly in their new text end 61.20 new text begin role as local water management authorities under chapter 103B, 103C, 103D, or 103G new text end 61.21 new text begin and chapter 114D. new text end 61.22     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 61.23 new text begin evaluate performance, financial, and activity information for each local water management new text end 61.24 new text begin entity. The board shall evaluate the entities' progress in accomplishing their adopted new text end 61.25 new text begin plans on a regular basis, but not less than once every five years. The board shall maintain new text end 61.26 new text begin a summary of local water management entity performance on the board's Web site. new text end 61.27 new text begin Beginning February 1, 2008, and annually thereafter, the board shall provide an analysis new text end 61.28 new text begin of local water management entity performance to the chairs of the house and senate new text end 61.29 new text begin committees having jurisdiction over environment and natural resources policy. new text end 61.30     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 61.31 new text begin and Soil Resources may, based on its evaluation in subdivision 3, reduce, withhold, or new text end 61.32 new text begin redirect grants and other funding if the local water management entity has not corrected new text end 61.33 new text begin deficiencies as prescribed in a notice from the board within one year from the date of new text end 61.34 new text begin the notice. new text end 62.1     new text begin (b) The board may defer a decision on a termination petition filed under section new text end 62.2 new text begin 103B.221, 103C.225, or 103D.271 for up to one year to conduct or update the evaluation new text end 62.3 new text begin under subdivision 3 or to communicate the results of the evaluation to petitioners or to new text end 62.4 new text begin local and state government agencies. new text end 62.5    Sec. 74. Minnesota Statutes 2006, section 103C.321, is amended by adding a 62.6subdivision to read: 62.7     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 62.8 new text begin by any soil and water conservation district officer or employee otherwise authorized new text end 62.9 new text begin to make a purchase on behalf of the soil and water conservation district. If a soil and new text end 62.10 new text begin water conservation district officer or employee makes a purchase by credit card that is not new text end 62.11 new text begin approved by the supervisors, the officer or employee is personally liable for the amount of new text end 62.12 new text begin the purchase. A purchase by credit card must otherwise comply with all statutes, rules, new text end 62.13 new text begin or soil and water conservation district policy applicable to soil and water conservation new text end 62.14 new text begin district purchases. new text end 62.15    Sec. 75. Minnesota Statutes 2006, section 103D.325, is amended by adding a 62.16subdivision to read: 62.17     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 62.18 new text begin by any watershed district officer or employee otherwise authorized to make a purchase new text end 62.19 new text begin on behalf of the watershed district. If a watershed district officer or employee makes a new text end 62.20 new text begin purchase by credit card that is not approved by the managers, the officer or employee is new text end 62.21 new text begin personally liable for the amount of the purchase. A purchase by credit card must otherwise new text end 62.22 new text begin comply with all statutes, rules, or watershed district policy applicable to watershed district new text end 62.23 new text begin purchases. new text end 62.24    Sec. 76. Minnesota Statutes 2006, section 103E.021, subdivision 1, is amended to read: 62.25    Subdivision 1. Spoil banks must be spread and grass planted new text begin permanent new text end 62.26 new text begin vegetation established new text end . In any proceeding to establish, construct, improve, or do any 62.27work affecting a public drainage system under any law that appoints viewers to assess 62.28benefits and damages, the authority having jurisdiction over the proceeding shall order 62.29spoil banks to be spread consistent with the plan and function of the drainage system. The 62.30authority shall order that permanent grass, other than a noxious weed, be planted on 62.31the 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 62.32 new text begin approved by the drainage authority be established on each side of the ditch. Preference new text end 62.33 new text begin should be given to planting native species of a local ecotype. The approved perennial new text end 63.1 new text begin vegetation shall not impede future maintenance of the ditch. The permanent strips of new text end 63.2 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 63.3 new text begin of the constructed channel resulting from the proceeding, new text end or to the crown of the leveled 63.4spoil bank, whichever is the greater, on each side of the top edge of the channel of the 63.5ditch. new text begin except for an action by a drainage authority that results only in a redetermination of new text end 63.6 new text begin benefits and damages, for which the required width shall be 16-1/2 feet. Drainage system new text end 63.7 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 63.8 new text begin strips new text end must be acquired by the authority having jurisdiction. 63.9    Sec. 77. Minnesota Statutes 2006, section 103E.021, subdivision 2, is amended to read: 63.10    Subd. 2. Reseeding and harvesting grass new text begin perennial vegetation new text end . The authority 63.11having jurisdiction over the repair and maintenance of the drainage system shall supervise 63.12all necessary reseeding. The permanent grass new text begin strips of perennial vegetation new text end must be 63.13maintained in the same manner as other drainage system repairs. Harvest of the grass new text begin new text end 63.14 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 63.15or the drainage system is the privilege of the fee owner or assigns. The county drainage 63.16inspector shall establish rules for the fee owner and assigns to harvest the grass new text begin vegetation new text end . 63.17    Sec. 78. Minnesota Statutes 2006, section 103E.021, subdivision 3, is amended to read: 63.18    Subd. 3. Agricultural practices prohibited. Agricultural practices, other than 63.19those required for the maintenance of a permanent growth of grass new text begin perennial vegetation new text end , 63.20are not permitted on any portion of the property acquired for planting new text begin perennial vegetation new text end . 63.21    Sec. 79. Minnesota Statutes 2006, section 103E.021, is amended by adding a 63.22subdivision to read: 63.23     new text begin Subd. 6. new text end new text begin Incremental implementation of vegetated ditch buffer strips and side new text end 63.24 new text begin inlet controls. new text end new text begin (a) Notwithstanding other provisions of this chapter requiring appointment new text end 63.25 new text begin of viewers and redetermination of benefits and damages, a drainage authority may new text end 63.26 new text begin implement permanent buffer strips of perennial vegetation approved by the drainage new text end 63.27 new text begin authority or side inlet controls, or both, adjacent to a public drainage ditch, where new text end 63.28 new text begin necessary to control erosion and sedimentation, improve water quality, or maintain the new text end 63.29 new text begin efficiency of the drainage system. Preference should be given to planting native species of new text end 63.30 new text begin a local ecotype. The approved perennial vegetation shall not impede future maintenance new text end 63.31 new text begin of the ditch. The permanent strips of perennial vegetation shall be 16-1/2 feet in width new text end 63.32 new text begin measured outward from the top edge of the existing constructed channel. Drainage system new text end 64.1 new text begin rights-of-way for the acreage and additional property required for the permanent strips new text end 64.2 new text begin must be acquired by the authority having jurisdiction. new text end 64.3     new text begin (b) A project under this subdivision shall be implemented as a repair according to new text end 64.4 new text begin section 103E.705, except that the drainage authority may appoint an engineer to examine new text end 64.5 new text begin the drainage system and prepare an engineer's repair report for the project. new text end 64.6     new text begin (c) Damages shall be determined by the drainage authority, or viewers, appointed by new text end 64.7 new text begin the drainage authority, according to section 103E.315, subdivision 8. A damages statement new text end 64.8 new text begin shall be prepared, including an explanation of how the damages were determined for each new text end 64.9 new text begin property affected by the project, and filed with the auditor or watershed district. Within 30 new text end 64.10 new text begin days after the damages statement is filed, the auditor or watershed district shall prepare new text end 64.11 new text begin property owners' reports according to section 103E.323, subdivision 1, clauses (1), (2), new text end 64.12 new text begin (6), (7), and (8), and mail a copy of the property owner's report and damages statement to new text end 64.13 new text begin each owner of property affected by the proposed project. new text end 64.14     new text begin (d) After a damages statement is filed, the drainage authority shall set a time, by new text end 64.15 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 64.16 new text begin least ten days before the hearing, the auditor or watershed district shall give notice by mail new text end 64.17 new text begin of the time and location of the hearing to the owners of property and political subdivisions new text end 64.18 new text begin likely to be affected by the project. new text end 64.19     new text begin (e) The drainage authority shall make findings and order the repairs to be made if new text end 64.20 new text begin the drainage authority determines from the evidence presented at the hearing and by the new text end 64.21 new text begin viewers and engineer, if appointed, that the repairs are necessary for the drainage system new text end 64.22 new text begin and the costs of the repairs are within the limitations of section 103E.705. new text end 64.23    Sec. 80. new text begin [103E.067] DITCH BUFFER STRIP ANNUAL REPORTING. new text end 64.24     new text begin The drainage authority shall annually submit a report to the Board of Water and Soil new text end 64.25 new text begin Resources for the calendar year including: new text end 64.26     new text begin (1) the number and types of actions for which viewers were appointed; new text end 64.27     new text begin (2) the number of miles of buffer strips established according to section 103E.021; new text end 64.28     new text begin (3) the number of drainage system inspections conducted; and new text end 64.29     new text begin (4) the number of violations of section 103E.021 identified and enforcement actions new text end 64.30 new text begin taken. new text end 64.31    Sec. 81. Minnesota Statutes 2006, section 103E.315, subdivision 8, is amended to read: 64.32    Subd. 8. Extent of damages. Damages to be paid may include: 64.33    (1) the fair market value of the property required for the channel of an open ditch 64.34and the permanent grass strip new text begin of perennial vegetation new text end under section 103E.021; 65.1    (2) the diminished value of a farm due to severing a field by an open ditch; 65.2    (3) loss of crop production during drainage project construction; and 65.3    (4) the diminished productivity or land value from increased overflow. new text begin ; and new text end 65.4     new text begin (5) costs to restore a perennial vegetative cover or structural practice existing new text end 65.5 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 65.6 new text begin right-of-way and damaged by the drainage project. new text end 65.7    Sec. 82. Minnesota Statutes 2006, section 103E.321, subdivision 1, is amended to read: 65.8    Subdivision 1. Requirements. The viewers' report must show, in tabular form, 65.9for each lot, 40-acre tract, and fraction of a lot or tract under separate ownership that 65.10is benefited or damaged: 65.11    (1) a description of the lot or tract, under separate ownership, that is benefited or 65.12damaged; 65.13    (2) the names of the owners as they appear on the current tax records of the county 65.14and their addresses; 65.15    (3) the number of acres in each tract or lot; 65.16    (4) the number and value of acres added to a tract or lot by the proposed drainage of 65.17public waters; 65.18    (5) the damage, if any, to riparian rights; 65.19    (6) the damages paid for the permanent grass strip new text begin of perennial vegetation new text end under 65.20section 103E.021; 65.21    (7) the total number and value of acres added to a tract or lot by the proposed 65.22drainage of public waters, wetlands, and other areas not currently being cultivated; 65.23    (8) the number of acres and amount of benefits being assessed for drainage of areas 65.24which before the drainage benefits could be realized would require a public waters work 65.25permit to work in public waters under section 103G.245 to excavate or fill a navigable 65.26water body under United States Code, title 33, section 403, or a permit to discharge into 65.27waters of the United States under United States Code, title 33, section 1344; 65.28    (9) the number of acres and amount of benefits being assessed for drainage of areas 65.29that would be considered conversion of a wetland under United States Code, title 16, 65.30section 3821, if the area was placed in agricultural production; 65.31    (10) the amount of right-of-way acreage required; and 65.32    (11) the amount that each tract or lot will be benefited or damaged. 65.33    Sec. 83. Minnesota Statutes 2006, section 103E.701, is amended by adding a 65.34subdivision to read: 66.1     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 66.2 new text begin repair disturbs or destroys a perennial vegetative cover or structural practice existing new text end 66.3 new text begin under a federal or state conservation program adjacent to the permanent drainage system new text end 66.4 new text begin right-of-way, the practice must be restored according to the applicable practice plan or new text end 66.5 new text begin as determined by the drainage authority, if a practice plan is not available. Restoration new text end 66.6 new text begin costs shall be paid by the drainage system. new text end 66.7    Sec. 84. Minnesota Statutes 2006, section 103E.705, subdivision 1, is amended to read: 66.8    Subdivision 1. Inspection. After the construction of a drainage system has been 66.9completed, the drainage authority shall maintain the drainage system that is located in its 66.10jurisdiction 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 66.11103E.021 new text begin , new text end and provide the repairs necessary to make the drainage system efficient. The 66.12drainage authority shall have the drainage system inspected on a regular basis by an 66.13inspection committee of the drainage authority or a drainage inspector appointed by the 66.14drainage authority. new text begin Open drainage ditches shall be inspected at a minimum of every five new text end 66.15 new text begin years when no violation of section 103E.021 is found and annually when a violation of new text end 66.16 new text begin section 103E.021 is found, until one year after the violation is corrected. new text end 66.17    Sec. 85. Minnesota Statutes 2006, section 103E.705, subdivision 2, is amended to read: 66.18    Subd. 2. Grass new text begin Permanent new text end strip new text begin of perennial vegetation new text end inspection and 66.19compliance notice. (a) The drainage authority having jurisdiction over a drainage system 66.20must inspect the drainage system for violations of section 103E.021. If an inspection 66.21committee of the drainage authority or a drainage inspector determines that permanent 66.22grass strips new text begin of perennial vegetation new text end are not being maintained in compliance with section 66.23103E.021 , a compliance notice must be sent to the property owner. 66.24    (b) The notice must state: 66.25    (1) the date the ditch was inspected; 66.26    (2) the persons making the inspection; 66.27    (3) that spoil banks are to be spread in a manner consistent with the plan and function 66.28of 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 66.2916-1/2 feet in width or to the crown of the spoil bank, whichever is greater new text begin of perennial new text end 66.30 new text begin vegetation, according to section 103E.021 new text end ; 66.31    (4) the violations of section 103E.021; 66.32    (5) the measures that must be taken by the property owner to comply with section 66.33103E.021 and the date when the property must be in compliance; and 67.1    (6) that if the property owner does not comply by the date specified, the drainage 67.2authority will perform the work necessary to bring the area into compliance with section 67.3103E.021 and charge the cost of the work to the property owner. 67.4    (c) If a property owner does not bring an area into compliance with section 103E.021 67.5as provided in the compliance notice, the inspection committee or drainage inspector 67.6must notify the drainage authority. 67.7    (d) This subdivision applies to property acquired under section 103E.021. 67.8    Sec. 86. Minnesota Statutes 2006, section 103E.705, subdivision 3, is amended to read: 67.9    Subd. 3. Drainage inspection report. For each drainage system that the board 67.10designates and requires the drainage inspector to examine, the drainage inspector shall 67.11make a drainage inspection report in writing to the board after examining a drainage 67.12system, designating portions that need repair or maintenance of grass new text begin the permanent new text end 67.13strips new text begin of perennial vegetation new text end and the location and nature of the repair or maintenance. 67.14The board shall consider the drainage inspection report at its next meeting and may repair 67.15all or any part of the drainage system as provided under this chapter. The grass new text begin permanent new text end 67.16strips new text begin of perennial vegetation new text end must be maintained in compliance with section 103E.021. 67.17    Sec. 87. Minnesota Statutes 2006, section 103E.728, subdivision 2, is amended to read: 67.18    Subd. 2. Additional assessment for agricultural practices on grass new text begin permanent new text end 67.19strip new text begin of perennial vegetation new text end . (a) The drainage authority may, after notice and hearing, 67.20charge an additional assessment on property that has agricultural practices on or otherwise 67.21violates provisions related to the permanent grass strip new text begin of perennial vegetation new text end acquired 67.22under section 103E.021. 67.23    (b) The drainage authority may determine the cost of the repair per mile of open 67.24ditch on the ditch system. Property that is in violation of the grass requirement shall be 67.25assessed a cost of 20 percent of the repair cost per open ditch mile multiplied by the length 67.26of open ditch in miles on the property in violation. 67.27    (c) After the amount of the additional assessment is determined and applied to the 67.28repair cost, the balance of the repair cost may be apportioned pro rata as provided in 67.29subdivision 1. 67.30    Sec. 88. new text begin [103G.122] COMMISSIONER'S AUTHORITY TO REMOVE DEBRIS. new text end 67.31     new text begin (a) The commissioner shall remove debris from public waters that was: new text end 67.32     new text begin (1) caused by a disaster or a public emergency as defined in chapter 12; and new text end 68.1     new text begin (2) constitutes a threat to public safety in any way, including swimming, boating, or new text end 68.2 new text begin other recreational use of the public waters. new text end 68.3     new text begin (b) A statutory or home rule charter city or county may allow residents and adjacent new text end 68.4 new text begin property owners to place debris retrieved from public waters onto the public access for new text end 68.5 new text begin pickup. new text end 68.6    Sec. 89. Minnesota Statutes 2006, section 103G.222, subdivision 1, is amended to read: 68.7    Subdivision 1. Requirements. (a) Wetlands must not be drained or filled, wholly 68.8or partially, unless replaced by restoring or creating wetland areas of at least equal 68.9public value under a replacement plan approved as provided in section 103G.2242, a 68.10replacement plan under a local governmental unit's comprehensive wetland protection 68.11and management plan approved by the board under section 103G.2243, or, if a permit to 68.12mine is required under section 93.481, under a mining reclamation plan approved by the 68.13commissioner under the permit to mine. Mining reclamation plans shall apply the same 68.14principles and standards for replacing wetlands by restoration or creation of wetland areas 68.15that are applicable to mitigation plans approved as provided in section 103G.2242. Public 68.16value must be determined in accordance with section 103B.3355 or a comprehensive 68.17wetland protection and management plan established under section 103G.2243. Sections 68.18103G.221 to 103G.2372 also apply to excavation in permanently and semipermanently 68.19flooded areas of types 3, 4, and 5 wetlands. 68.20    (b) Replacement must be guided by the following principles in descending order 68.21of priority: 68.22    (1) avoiding the direct or indirect impact of the activity that may destroy or diminish 68.23the wetland; 68.24    (2) minimizing the impact by limiting the degree or magnitude of the wetland 68.25activity and its implementation; 68.26    (3) rectifying the impact by repairing, rehabilitating, or restoring the affected 68.27wetland environment; 68.28    (4) reducing or eliminating the impact over time by preservation and maintenance 68.29operations during the life of the activity; 68.30    (5) compensating for the impact by restoring a wetland; and 68.31    (6) compensating for the impact by replacing or providing substitute wetland 68.32resources or environments. 68.33    For a project involving the draining or filling of wetlands in an amount not exceeding 68.3410,000 square feet more than the applicable amount in section 103G.2241, subdivision 9, 69.1paragraph (a), the local government unit may make an on-site sequencing determination 69.2without a written alternatives analysis from the applicant. 69.3    (c) If a wetland is located in a cultivated field, then replacement must be 69.4accomplished through restoration only without regard to the priority order in paragraph 69.5(b), provided that a deed restriction is placed on the altered wetland prohibiting 69.6nonagricultural use for at least ten years. 69.7    (d) new text begin If a wetland is drained under section 103G.2241, subdivision 2, the local new text end 69.8 new text begin government unit may require a deed restriction that prohibits nonagricultural use for at new text end 69.9 new text begin least ten years unless the drained wetland is replaced as provided under this section. The new text end 69.10 new text begin local government unit may require the deed restriction if it determines the wetland area new text end 69.11 new text begin drained is at risk of conversion to a nonagricultural use within ten years based on the new text end 69.12 new text begin zoning classification, proximity to a municipality or full service road, or other criteria as new text end 69.13 new text begin determined by the local government unit. new text end 69.14     new text begin (e) new text end Restoration and replacement of wetlands must be accomplished in accordance 69.15with the ecology of the landscape area affected new text begin and ponds that are created primarily to new text end 69.16 new text begin fulfill stormwater management, and water quality treatment requirements may not be new text end 69.17 new text begin used to satisfy replacement requirements under this chapter unless the design includes new text end 69.18 new text begin pretreatment of runoff and the pond is functioning as a wetland new text end . 69.19    (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 69.20located on nonagricultural land, replacement must be in the ratio of two acres of replaced 69.21wetland for each acre of drained or filled wetland. 69.22    (f) new text begin (g) new text end For a wetland or public waters wetland located on agricultural land or in a 69.23greater than 80 percent area, replacement must be in the ratio of one acre of replaced 69.24wetland for each acre of drained or filled wetland. 69.25    (g) new text begin (h) new text end Wetlands that are restored or created as a result of an approved replacement 69.26plan are subject to the provisions of this section for any subsequent drainage or filling. 69.27    (h) new text begin (i) new text end Except in a greater than 80 percent area, only wetlands that have been 69.28restored from previously drained or filled wetlands, wetlands created by excavation in 69.29nonwetlands, wetlands created by dikes or dams along public or private drainage ditches, 69.30or wetlands created by dikes or dams associated with the restoration of previously drained 69.31or filled wetlands may be used in a statewide banking program established in rules adopted 69.32under section 103G.2242, subdivision 1. Modification or conversion of nondegraded 69.33naturally occurring wetlands from one type to another are not eligible for enrollment in a 69.34statewide wetlands bank. 69.35    (i) new text begin (j) new text end The Technical Evaluation Panel established under section 103G.2242, 69.36subdivision 2 , shall ensure that sufficient time has occurred for the wetland to develop 70.1wetland characteristics of soils, vegetation, and hydrology before recommending that the 70.2wetland be deposited in the statewide wetland bank. If the Technical Evaluation Panel has 70.3reason to believe that the wetland characteristics may change substantially, the panel shall 70.4postpone its recommendation until the wetland has stabilized. 70.5    (j) new text begin (k) new text end This section and sections 103G.223 to 103G.2242, 103G.2364, and 70.6103G.2365 apply to the state and its departments and agencies. 70.7    (k) new text begin (l) new text end For projects involving draining or filling of wetlands associated with a new 70.8public transportation project, and for projects expanded solely for additional traffic 70.9capacity, public transportation authorities may purchase credits from the board at the cost 70.10to the board to establish credits. Proceeds from the sale of credits provided under this 70.11paragraph are appropriated to the board for the purposes of this paragraph. 70.12    (l) new text begin (m) new text end A replacement plan for wetlands is not required for individual projects that 70.13result in the filling or draining of wetlands for the repair, rehabilitation, reconstruction, 70.14or replacement of a currently serviceable existing state, city, county, or town public road 70.15necessary, as determined by the public transportation authority, to meet state or federal 70.16design or safety standards or requirements, excluding new roads or roads expanded solely 70.17for additional traffic capacity lanes. This paragraph only applies to authorities for public 70.18transportation projects that: 70.19    (1) minimize the amount of wetland filling or draining associated with the project 70.20and consider mitigating important site-specific wetland functions on-site; 70.21    (2) except as provided in clause (3), submit project-specific reports to the board, the 70.22Technical Evaluation Panel, the commissioner of natural resources, and members of the 70.23public requesting a copy at least 30 days prior to construction that indicate the location, 70.24amount, and type of wetlands to be filled or drained by the project or, alternatively, 70.25convene an annual meeting of the parties required to receive notice to review projects to 70.26be commenced during the upcoming year; and 70.27    (3) for minor and emergency maintenance work impacting less than 10,000 square 70.28feet, submit project-specific reports, within 30 days of commencing the activity, to the 70.29board that indicate the location, amount, and type of wetlands that have been filled 70.30or drained. 70.31    Those required to receive notice of public transportation projects may appeal 70.32minimization, delineation, and on-site mitigation decisions made by the public 70.33transportation authority to the board according to the provisions of section 103G.2242, 70.34subdivision 9 . The Technical Evaluation Panel shall review minimization and delineation 70.35decisions made by the public transportation authority and provide recommendations 71.1regarding on-site mitigation if requested to do so by the local government unit, a 71.2contiguous landowner, or a member of the Technical Evaluation Panel. 71.3    Except for state public transportation projects, for which the state Department of 71.4Transportation is responsible, the board must replace the wetlands, and wetland areas of 71.5public waters if authorized by the commissioner or a delegated authority, drained or filled 71.6by public transportation projects on existing roads. 71.7    Public transportation authorities at their discretion may deviate from federal and 71.8state design standards on existing road projects when practical and reasonable to avoid 71.9wetland filling or draining, provided that public safety is not unreasonably compromised. 71.10The local road authority and its officers and employees are exempt from liability for 71.11any tort claim for injury to persons or property arising from travel on the highway and 71.12related to the deviation from the design standards for construction or reconstruction under 71.13this paragraph. This paragraph does not preclude an action for damages arising from 71.14negligence in construction or maintenance on a highway. 71.15    (m) new text begin (n) new text end If a landowner seeks approval of a replacement plan after the proposed 71.16project has already affected the wetland, the local government unit may require the 71.17landowner to replace the affected wetland at a ratio not to exceed twice the replacement 71.18ratio otherwise required. 71.19    (n) new text begin (o) new text end A local government unit may request the board to reclassify a county or 71.20watershed on the basis of its percentage of presettlement wetlands remaining. After 71.21receipt of satisfactory documentation from the local government, the board shall change 71.22the classification of a county or watershed. If requested by the local government unit, 71.23the board must assist in developing the documentation. Within 30 days of its action to 71.24approve a change of wetland classifications, the board shall publish a notice of the change 71.25in the Environmental Quality Board Monitor. 71.26    (o) new text begin (p) new text end One hundred citizens who reside within the jurisdiction of the local 71.27government unit may request the local government unit to reclassify a county or watershed 71.28on the basis of its percentage of presettlement wetlands remaining. In support of their 71.29petition, the citizens shall provide satisfactory documentation to the local government unit. 71.30The local government unit shall consider the petition and forward the request to the board 71.31under paragraph (n) new text begin (o) new text end or provide a reason why the petition is denied. 71.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 71.33    Sec. 90. Minnesota Statutes 2006, section 103G.222, subdivision 3, is amended to read: 71.34    Subd. 3. Wetland replacement siting. (a) Siting wetland replacement must follow 71.35this priority order: 72.1    (1) on site or in the same minor watershed as the affected wetland; 72.2    (2) in the same watershed as the affected wetland; 72.3    (3) in the same county as the affected wetland; 72.4    (4) new text begin for replacement by wetland banking, in the same wetland bank service area as new text end 72.5 new text begin the impacted wetland, except that impacts in a 50 to 80 percent area must be replaced in new text end 72.6 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 72.7 new text begin less than 50 percent area; new text end 72.8     new text begin (5) for project specific replacement, new text end in an adjacent watershed or county to the 72.9affected wetland new text begin , or for replacement by wetland banking, in an adjacent wetland bank new text end 72.10 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 72.11 new text begin 80 percent area and impacts in a less than 50 percent area must be replaced in a less new text end 72.12 new text begin than 50 percent area new text end ; and 72.13    (5) new text begin (6) new text end statewide, only for wetlands affected in greater than 80 percent areas and for 72.14public transportation projects, except that wetlands affected in less than 50 percent areas 72.15must be replaced in less than 50 percent areas, and wetlands affected in the seven-county 72.16metropolitan area must be replaced at a ratio of two to one in: (i) the affected county or, 72.17(ii) in another of the seven metropolitan counties, or (iii) in one of the major watersheds 72.18that are wholly or partially within the seven-county metropolitan area, but at least one to 72.19one must be replaced within the seven-county metropolitan area. 72.20    (b) new text begin Notwithstanding paragraph (a), siting wetland replacement in greater than 80 new text end 72.21 new text begin percent areas may follow the priority order under this paragraph: (1) by wetland banking new text end 72.22 new text begin after evaluating on-site replacement and replacement within the watershed; (2) replaced new text end 72.23 new text begin in an adjacent wetland bank service area if wetland bank credits are not reasonably new text end 72.24 new text begin available in the same wetland bank service area as the affected wetland, as determined new text end 72.25 new text begin by the local government unit or by a comprehensive inventory approved by the board; new text end 72.26 new text begin and (3) statewide. new text end 72.27     new text begin (c) Notwithstanding paragraph (a), siting wetland replacement in the seven-county new text end 72.28 new text begin metropolitan area must follow the priority order under this paragraph: (1) in the affected new text end 72.29 new text begin county; (2) in another of the seven metropolitan counties; or (3) in one of the major new text end 72.30 new text begin watersheds that are wholly or partially within the seven-county metropolitan area, but at new text end 72.31 new text begin least one to one must be replaced within the seven-county metropolitan area. new text end 72.32     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 72.33completed using wetland banking credits established by a person who submitted a 72.34complete wetland banking application to a local government unit by April 1, 1996. 73.1    (c) new text begin (e) new text end When reasonable, practicable, and environmentally beneficial replacement 73.2opportunities are not available in siting priorities listed in paragraph (a), the applicant 73.3may seek opportunities at the next level. 73.4    (d) new text begin (f) new text end For the purposes of this section, "reasonable, practicable, and environmentally 73.5beneficial replacement opportunities" are defined as opportunities that: 73.6    (1) take advantage of naturally occurring hydrogeomorphological conditions and 73.7require minimal landscape alteration; 73.8    (2) have a high likelihood of becoming a functional wetland that will continue 73.9in perpetuity; 73.10    (3) do not adversely affect other habitat types or ecological communities that are 73.11important in maintaining the overall biological diversity of the area; and 73.12    (4) are available and capable of being done after taking into consideration cost, 73.13existing technology, and logistics consistent with overall project purposes. 73.14    (e) new text begin (g) new text end Regulatory agencies, local government units, and other entities involved in 73.15wetland restoration shall collaborate to identify potential replacement opportunities within 73.16their jurisdictional areas. 73.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 73.18    Sec. 91. Minnesota Statutes 2006, section 103G.2241, subdivision 1, is amended to 73.19read: 73.20    Subdivision 1. Agricultural activities. (a) A replacement plan for wetlands is 73.21not required for: 73.22    (1) activities in a wetland that was planted with annually seeded crops, was in a crop 73.23rotation seeding of pasture grass or legumes, or was required to be set aside to receive 73.24price support or other payments under United States Code, title 7, sections 1421 to 1469, 73.25in six of the last ten years prior to January 1, 1991; 73.26    (2) activities in a wetland that is or has been enrolled in the federal conservation 73.27reserve program under United States Code, title 16, section 3831, that: 73.28    (i) was planted with annually seeded crops, was in a crop rotation seeding, or was 73.29required to be set aside to receive price support or payment under United States Code, 73.30title 7, sections 1421 to 1469, in six of the last ten years prior to being enrolled in the 73.31program; and 73.32    (ii) has not been restored with assistance from a public or private wetland restoration 73.33program; 73.34    (3) activities in a wetland that has received a commenced drainage determination 73.35provided for by the federal Food Security Act of 1985, that was made to the county 74.1Agricultural Stabilization and Conservation Service office prior to September 19, 1988, 74.2and a ruling and any subsequent appeals or reviews have determined that drainage of the 74.3wetland had been commenced prior to December 23, 1985; 74.4    (4) activities in a type 1 wetland on agricultural land, except for bottomland 74.5hardwood type 1 wetlands, and activities in a type 2 or type 6 wetland that is less than two 74.6acres in size and located on agricultural land; 74.7     new text begin (1) activities in a wetland conducted as part of normal farming practices. For new text end 74.8 new text begin purposes of this clause, "normal farming practices" means farming, silvicultural, grazing, new text end 74.9 new text begin and ranching activities such as plowing, seeding, cultivating, and harvesting for the new text end 74.10 new text begin production of feed, food, fuel, fiber, and forest products, but does not include activities new text end 74.11 new text begin that result in the draining or filling of wetlands in whole or part; new text end 74.12     new text begin (2) soil and water conservation practices approved by the soil and water conservation new text end 74.13 new text begin district, after review by the Technical Evaluation Panel; new text end 74.14    (5) new text begin (3) new text end aquaculture activities including pond excavation and construction and 74.15maintenance of associated access roads and dikes authorized under, and conducted in 74.16accordance with, a permit issued by the United States Army Corps of Engineers under 74.17section 404 of the federal Clean Water Act, United States Code, title 33, section 1344, but 74.18not including construction or expansion of buildings; new text begin or new text end 74.19    (6) new text begin (4) new text end wild rice production activities, including necessary diking and other activities 74.20authorized under a permit issued by the United States Army Corps of Engineers under 74.21section 404 of the federal Clean Water Act, United States Code, title 33, section 1344; new text begin . new text end 74.22    (7) normal agricultural practices to control noxious or secondary weeds as defined 74.23by rule of the commissioner of agriculture, in accordance with applicable requirements 74.24under state and federal law, including established best management practices; and 74.25    (8) agricultural activities in a wetland that is on agricultural land: 74.26    (i) annually enrolled in the federal Agriculture Improvement and Reform Act of 74.271996 and is subject to United States Code, title 16, sections 3821 to 3823, in effect on 74.28January 1, 2000; or 74.29    (ii) subject to subsequent federal farm program restrictions that meet minimum 74.30state standards under this chapter and sections and and that have 74.31been approved by the Board of Water and Soil Resources, the commissioners of natural 74.32resources and agriculture, and the Pollution Control Agency. 74.33    (b) Land enrolled in a federal farm program under paragraph (a), clause (8), is 74.34eligible for easement participation for those acres not already compensated under a federal 74.35program. 75.1    (c) The exemption under paragraph (a), clause (4), may be expanded to additional 75.2acreage, including types 1, 2, and 6 wetlands that are part of a larger wetland system, when 75.3the additional acreage is part of a conservation plan approved by the local soil and water 75.4conservation district, the additional draining or filling is necessary for efficient operation 75.5of the farm, the hydrology of the larger wetland system is not adversely affected, and 75.6wetlands other than types 1, 2, and 6 are not drained or filled. 75.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 75.8    Sec. 92. Minnesota Statutes 2006, section 103G.2241, subdivision 2, is amended to 75.9read: 75.10    Subd. 2. Drainage. (a) For the purposes of this subdivision, "public drainage 75.11system" means a drainage system as defined in section 103E.005, subdivision 12, and any 75.12ditch or tile lawfully connected to the drainage system. new text begin If wetlands drained under this new text end 75.13 new text begin subdivision are converted to uses prohibited under paragraph (b), clause (2), during the new text end 75.14 new text begin ten-year period following drainage, the wetlands must be replaced according to section new text end 75.15 new text begin 103G.222. new text end 75.16    (b) A replacement plan is not required for draining of type 1 wetlands, or up to five 75.17acres of type 2 or 6 wetlands, in an unincorporated area on land that has been assessed 75.18drainage benefits for a public drainage system, provided that: 75.19    (1) during the 20-year period that ended January 1, 1992: 75.20    (i) there was an expenditure made from the drainage system account for the public 75.21drainage system; 75.22    (ii) the public drainage system was repaired or maintained as approved by the 75.23drainage authority; or 75.24    (iii) no repair or maintenance of the public drainage system was required under 75.25section 103E.705, subdivision 1, as determined by the public drainage authority; and 75.26    (2) the wetlands are not drained for conversion to: 75.27    (i) platted lots; 75.28    (ii) planned unit, commercial, or industrial developments; or 75.29    (iii) any development with more than one residential unit per 40 acres. 75.30If wetlands drained under this paragraph are converted to uses prohibited under clause 75.31(2) during the ten-year period following drainage, the wetlands must be replaced under 75.32section . 76.1    (c) A replacement plan is not required for draining or filling of wetlands, except for 76.2draining types 3, 4, and 5 wetlands that have been in existence for more than 25 years, 76.3resulting from maintenance and repair of existing public drainage systems. 76.4    (d) A replacement plan is not required for draining or filling of wetlands, except 76.5for draining wetlands that have been in existence for more than 25 years, resulting from 76.6maintenance and repair of existing drainage systems other than public drainage systems. 76.7    (e) A replacement plan is not required for draining or filling of wetlands resulting 76.8from activities conducted as part of a public drainage system improvement project that 76.9received final approval from the drainage authority before July 1, 1991, and after July 1, 76.101986, if: 76.11    (1) the approval remains valid; 76.12    (2) the project remains active; and 76.13    (3) no additional drainage will occur beyond that originally approved. 76.14     new text begin (e) A replacement plan is not required for draining agricultural land that: (1) was new text end 76.15 new text begin planted with annually seeded crops before July 5, except for crops that are normally new text end 76.16 new text begin planted after that date, in eight out of the ten most recent years prior to the impact; (2) new text end 76.17 new text begin was in a crop rotation seeding of pasture grass or legumes in eight out of the ten most new text end 76.18 new text begin recent years prior to the impact; or (3) was enrolled in a state or federal land conservation new text end 76.19 new text begin program and met the requirements of clause (1) or (2) before enrollment. new text end 76.20    (f) The public drainage authority may, as part of the repair, install control structures, 76.21realign the ditch, construct dikes along the ditch, or make other modifications as necessary 76.22to prevent drainage of the wetland. 76.23    (g) Wetlands of all types that would be drained as a part of a public drainage repair 76.24project are eligible for the permanent wetlands preserve under section 103F.516. The 76.25board shall give priority to acquisition of easements on types 3, 4, and 5 wetlands that have 76.26been in existence for more than 25 years on public drainage systems and other wetlands 76.27that have the greatest risk of drainage from a public drainage repair project. 76.28 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 76.29    Sec. 93. Minnesota Statutes 2006, section 103G.2241, subdivision 3, is amended to 76.30read: 76.31    Subd. 3. Federal approvals. A replacement plan for wetlands is not required for: 76.32    (1) activities exempted from federal regulation under United States Code, title 33, 76.33section 1344(f), as in effect on January 1, 1991; 76.34    (2) activities authorized under, and conducted in accordance with, an applicable 76.35general permit issued by the United States Army Corps of Engineers under section 404 77.1of the federal Clean Water Act, United States Code, title 33, section 1344, except the 77.2nationwide permit in Code of Federal Regulations, title 33, section 330.5, paragraph (a), 77.3clauses (14), limited to when a new road crosses a wetland, and (26), as in effect on 77.4January 1, 1991; or 77.5    (3) activities authorized under the federal Clean Water Act, section 404, or the 77.6Rivers and Harbors Act, section 10, regulations that meet minimum state standards 77.7under this chapter and sections 103A.202 and 103B.3355 and that have been approved 77.8by the Board of Water and Soil Resources, the commissioners of natural resources and 77.9agriculture, and the Pollution Control Agency. 77.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 77.11    Sec. 94. Minnesota Statutes 2006, section 103G.2241, subdivision 6, is amended to 77.12read: 77.13    Subd. 6. Utilities; public works. new text begin (a) new text end A replacement plan for wetlands is not 77.14required for: 77.15    (1) placement, maintenance, repair, enhancement, or replacement of utility or 77.16utility-type service if: 77.17    (i) the impacts of the proposed project on the hydrologic and biological 77.18characteristics of the wetland have been avoided and minimized to the extent possible; and 77.19    (ii) the proposed project significantly modifies or alters less than one-half acre of 77.20wetlands; 77.21    (2) activities associated with routine maintenance of utility and pipeline 77.22rights-of-way, provided the activities do not result in additional intrusion into the wetland; 77.23    (3) alteration of a wetland associated with the operation, maintenance, or repair of 77.24an interstate pipeline within all existing or acquired interstate pipeline rights-of-way; 77.25    (4) emergency repair and normal maintenance and repair of existing public works, 77.26provided the activity does not result in additional intrusion of the public works into the 77.27wetland and does not result in the draining or filling, wholly or partially, of a wetland; 77.28    (5) normal maintenance and minor repair of structures causing no additional 77.29intrusion of an existing structure into the wetland, and maintenance and repair of private 77.30crossings that do not result in the draining or filling, wholly or partially, of a wetland; or 77.31    (6) repair and updating of existing individual sewage treatment systems as necessary 77.32to comply with local, state, and federal regulations. 77.33     new text begin (1) new placement or maintenance, repair, enhancement, or replacement of existing new text end 77.34 new text begin utility or utility-type service, including pipelines, if: new text end 78.1     new text begin (i) the direct and indirect impacts of the proposed project have been avoided and new text end 78.2 new text begin minimized to the extent possible; and new text end 78.3     new text begin (ii) the proposed project significantly modifies or alters less than one-half acre of new text end 78.4 new text begin wetlands; new text end 78.5     new text begin (2) activities associated with operation, routine maintenance, or emergency repair of new text end 78.6 new text begin existing utilities and public work structures, including pipelines, provided the activities new text end 78.7 new text begin do not result in additional wetland intrusion or additional draining or filling of a wetland new text end 78.8 new text begin either wholly or partially; or new text end 78.9     new text begin (3) repair and updating of existing individual sewage treatment systems necessary to new text end 78.10 new text begin comply with local, state, and federal regulations. new text end 78.11     new text begin (b) For maintenance, repair, and replacement, the local government unit may issue new text end 78.12 new text begin a seasonal or annual exemption certification or the utility may proceed without local new text end 78.13 new text begin government unit certification if the utility is carrying out the work according to approved new text end 78.14 new text begin best management practices. Work of an emergency nature may proceed as necessary new text end 78.15 new text begin and any drain or fill activities shall be addressed with the local government unit after new text end 78.16 new text begin the emergency work has been completed. new text end 78.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 78.18    Sec. 95. Minnesota Statutes 2006, section 103G.2241, subdivision 9, is amended to 78.19read: 78.20    Subd. 9. De minimis. (a) Except as provided in paragraphs (b) and (c), a 78.21replacement plan for wetlands is not required for draining or filling the following amounts 78.22of wetlands as part of a project: 78.23    (1) 10,000 square feet of type 1, 2, 6, or 7 wetland, excluding white cedar and 78.24tamarack wetlands, outside of the shoreland wetland protection zone in a greater than 78.2580 percent area; 78.26    (2) 5,000 new text begin 2,500 new text end square feet of type 1, 2, 6, or 7 wetland, excluding white cedar 78.27and tamarack wetlands, outside of the shoreland wetland protection zone in a 50 to 80 78.28percent area; 78.29    (3) 2,000 new text begin 1,000 new text end square feet of type 1, 2, or 6 wetland, outside of the shoreland 78.30wetland protection zone in a less than 50 percent area; 78.31    (4) 400 new text begin 100 new text end square feet of wetland types not listed in clauses (1) to (3) outside of 78.32 new text begin the building setback zone of the new text end shoreland wetland protection zones in all counties; or 78.33    (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 78.34 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 78.35 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 79.1than 80 percent area, the local government unit may increase the de minimis amount 79.2up to 1,000 square feet in the shoreland protection zone in areas beyond the building 79.3setback if the wetland is isolated and is determined to have no direct surficial connection 79.4to the public water. To the extent that a local shoreland management ordinance is more 79.5restrictive than this provision, the local shoreland ordinance applies new text begin ; or new text end 79.6     new text begin (6) up to 20 square feet of wetland, regardless of type or location new text end . 79.7    (b) The amounts listed in paragraph (a), clauses (1) to (5) new text begin (6) new text end , may not be combined 79.8on a project. 79.9    (c) This exemption no longer applies to a landowner's portion of a wetland when 79.10the cumulative area drained or filled of the landowner's portion since January 1, 1992, is 79.11the greatest of: 79.12    (1) the applicable area listed in paragraph (a), if the landowner owns the entire 79.13wetland; 79.14    (2) five percent of the landowner's portion of the wetland; or 79.15    (3) 400 square feet. 79.16    (d) This exemption may not be combined with another exemption in this section on 79.17a project. 79.18     new text begin (e) Property may not be divided to increase the amounts listed in paragraph (a). new text end 79.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 79.20    Sec. 96. Minnesota Statutes 2006, section 103G.2241, subdivision 11, is amended to 79.21read: 79.22    Subd. 11. Exemption conditions. (a) A person conducting an activity in a wetland 79.23under an exemption in subdivisions 1 to 10 shall ensure that: 79.24    (1) appropriate erosion control measures are taken to prevent sedimentation of 79.25the water; 79.26    (2) the activity does not block fish passage in a watercourse; and 79.27    (3) the activity is conducted in compliance with all other applicable federal, 79.28state, and local requirements, including best management practices and water resource 79.29protection requirements established under chapter 103H. 79.30    (b) An activity is exempt if it qualifies for any one of the exemptions, even though it 79.31may be indicated as not exempt under another exemption. 79.32    (c) Persons proposing to conduct an exempt activity are encouraged to contact the 79.33local government unit or the local government unit's designee for advice on minimizing 79.34wetland impacts. 80.1     new text begin (d) The board shall develop rules that address the application and implementation new text end 80.2 new text begin of exemptions and that provide for estimates and reporting of exempt wetland impacts, new text end 80.3 new text begin including those in section 103G.2241, subdivisions 2, 6, and 9. new text end 80.4 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.5    Sec. 97. Minnesota Statutes 2006, section 103G.2242, subdivision 2, is amended to 80.6read: 80.7    Subd. 2. Evaluation. (a) Questions concerning the public value, location, size, 80.8or type of a wetland shall be submitted to and determined by a Technical Evaluation 80.9Panel after an on-site inspection. The Technical Evaluation Panel shall be composed of 80.10a technical professional employee of the board, a technical professional employee of 80.11the local soil and water conservation district or districts, a technical professional with 80.12expertise in water resources management appointed by the local government unit, and 80.13a technical professional employee of the Department of Natural Resources for projects 80.14affecting public waters or wetlands adjacent to public waters. The panel shall use the 80.15"United States Army Corps of Engineers Wetland Delineation Manual" (January 1987), 80.16including updates, supplementary guidance, and replacements, if any, "Wetlands of 80.17the United States" (United States Fish and Wildlife Service Circular 39, 1971 edition), 80.18and "Classification of Wetlands and Deepwater Habitats of the United States" (1979 80.19edition). The panel shall provide the wetland determination and recommendations on 80.20other technical matters to the local government unit that must approve a replacement 80.21plan, wetland banking plan, exemption determination, no-loss determination, or wetland 80.22boundary or type determination and may recommend approval or denial of the plan. The 80.23authority must consider and include the decision of the Technical Evaluation Panel in their 80.24approval or denial of a plan or determination. 80.25    (b) Persons conducting wetland or public waters boundary delineations or type 80.26determinations are exempt from the requirements of chapter 326. By January 15, 2001, 80.27the board, in consultation with the Minnesota Association of Professional Soil Scientists, 80.28the University of Minnesota, and the Wetland Delineators' Association, shall submit a plan 80.29for a professional wetland delineator certification program to the legislature. new text begin The board new text end 80.30 new text begin may develop a professional wetland delineator certification program. new text end 80.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 80.32    Sec. 98. Minnesota Statutes 2006, section 103G.2242, subdivision 2a, is amended to 80.33read: 81.1    Subd. 2a. Wetland boundary or type determination. (a) A landowner may apply 81.2for a wetland boundary or type determination from the local government unit. The 81.3landowner applying for the determination is responsible for submitting proof necessary 81.4to make the determination, including, but not limited to, wetland delineation field data, 81.5observation well data, topographic mapping, survey mapping, and information regarding 81.6soils, vegetation, hydrology, and groundwater both within and outside of the proposed 81.7wetland boundary. 81.8    (b) A local government unit that receives an application under paragraph (a) may 81.9seek the advice of the Technical Evaluation Panel as described in subdivision 2, and, if 81.10necessary, expand the Technical Evaluation Panel. The local government unit may delegate 81.11the decision authority for wetland boundary or type determinations with the zoning 81.12administrator new text begin to designated staff new text end , or establish other procedures it considers appropriate. 81.13    (c) The local government unit decision must be made in compliance with section 81.1415.99 . Within ten calendar days of the decision, the local government unit decision must 81.15be mailed to the landowner, members of the Technical Evaluation Panel, the watershed 81.16district or watershed management organization, if one exists, and individual members of 81.17the public who request a copy. 81.18    (d) new text begin Appeals of decisions made by designated local government staff must be made new text end 81.19 new text begin to the local government unit. Notwithstanding any law to the contrary, a ruling on an new text end 81.20 new text begin appeal must be made by the local government unit within 30 days from the date of the new text end 81.21 new text begin filing of the appeal. new text end 81.22     new text begin (e) new text end The local government unit decision is valid for three years unless the Technical 81.23Evaluation Panel determines that natural or artificial changes to the hydrology, vegetation, 81.24or soils of the area have been sufficient to alter the wetland boundary or type. 81.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 81.26    Sec. 99. Minnesota Statutes 2006, section 103G.2242, subdivision 9, is amended to 81.27read: 81.28    Subd. 9. Appeal. (a) Appeal of a replacement plan, exemption, wetland banking, 81.29wetland boundary or type determination, or no-loss decision new text begin , or restoration order new text end may 81.30be obtained by mailing a petition and payment of a filing fee of $200, which shall be 81.31retained by the board to defray administrative costs, to the board within 30 days after the 81.32postmarked date of the mailing specified in subdivision 7. If appeal is not sought within 81.3330 days, the decision becomes final. The local government unit may require the petitioner 81.34to post a letter of credit, cashier's check, or cash in an amount not to exceed $500. If the 82.1petition for hearing is accepted, the amount posted must be returned to the petitioner. 82.2Appeal may be made by: 82.3    (1) the wetland owner; 82.4    (2) any of those to whom notice is required to be mailed under subdivision 7; or 82.5    (3) 100 residents of the county in which a majority of the wetland is located. 82.6    (b) Within 30 days after receiving a petition, the board shall decide whether to 82.7grant the petition and hear the appeal. The board shall grant the petition unless the board 82.8finds that: 82.9    (1) the appeal is meritless, trivial, or brought solely for the purposes of delay; 82.10    (2) the petitioner has not exhausted all local administrative remedies; 82.11    (3) expanded technical review is needed; 82.12    (4) the local government unit's record is not adequate; or 82.13    (5) the petitioner has not posted a letter of credit, cashier's check, or cash if required 82.14by the local government unit. 82.15    (c) In determining whether to grant the appeal, the board shall also consider the 82.16size of the wetland, other factors in controversy, any patterns of similar acts by the local 82.17government unit or petitioner, and the consequences of the delay resulting from the appeal. 82.18    (d) All appeals must be heard by the committee for dispute resolution of the board, 82.19and a decision made within 60 days of filing the local government unit's record and the 82.20written briefs submitted for the appeal. The decision must be served by mail on the parties 82.21to the appeal, and is not subject to the provisions of chapter 14. A decision whether to 82.22grant a petition for appeal and a decision on the merits of an appeal must be considered the 82.23decision of an agency in a contested case for purposes of judicial review under sections 82.2414.63 to 14.69. 82.25     new text begin (e) Notwithstanding section 16A.1283, the board shall establish a fee schedule to new text end 82.26 new text begin defray the administrative costs of appeals made to the board under this subdivision. Fees new text end 82.27 new text begin established under this authority shall not exceed $1,000. Establishment of the fee is not new text end 82.28 new text begin subject to the rulemaking process of chapter 14 and section 14.386 does not apply. new text end 82.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 82.30    Sec. 100. Minnesota Statutes 2006, section 103G.2242, subdivision 12, is amended to 82.31read: 82.32    Subd. 12. Replacement credits. (a) No public or private wetland restoration, 82.33enhancement, or construction may be allowed for replacement unless specifically 82.34designated for replacement and paid for by the individual or organization performing the 83.1wetland restoration, enhancement, or construction, and is completed prior to any draining 83.2or filling of the wetland. 83.3    (b) Paragraph (a) does not apply to a wetland whose owner has paid back with 83.4interest the individual or organization restoring, enhancing, or constructing the wetland. 83.5    (c) Notwithstanding section 103G.222, subdivision 1, paragraph (h) new text begin (i) new text end , the 83.6following actions, and others established in rule, that are consistent with criteria in rules 83.7adopted by the board in conjunction with the commissioners of natural resources and 83.8agriculture, are eligible for replacement credit as determined by the local government unit, 83.9including enrollment in a statewide wetlands bank: 83.10    (1) reestablishment of permanent native, noninvasive vegetative cover on a wetland 83.11on agricultural land that was planted with annually seeded crops, was in a crop rotation 83.12seeding of pasture grasses or legumes, or was in a land retirement program during the 83.13past ten years; 83.14    (2) buffer areas of permanent native, noninvasive vegetative cover established or 83.15preserved on upland adjacent to replacement wetlands; 83.16    (3) wetlands restored for conservation purposes under terminated easements or 83.17contracts; and 83.18    (4) water quality treatment ponds constructed to pretreat storm water runoff prior 83.19to discharge to wetlands, public waters, or other water bodies, provided that the water 83.20quality treatment ponds must be associated with an ongoing or proposed project that 83.21will impact a wetland and replacement credit for the treatment ponds is based on the 83.22replacement of wetland functions and on an approved stormwater management plan for 83.23the local government. 83.24    (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 , 83.25the board may establish by rule different replacement ratios for restoration projects with 83.26exceptional natural resource value. 83.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 83.28    Sec. 101. Minnesota Statutes 2006, section 103G.2242, subdivision 15, is amended to 83.29read: 83.30    Subd. 15. Fees paid to board. All fees established in subdivision new text begin subdivisions 9 new text end 83.31 new text begin and new text end 14 must be paid to the Board of Water and Soil Resources and credited to the general 83.32fund to be used for the purpose of administration of the wetland bank new text begin and to process new text end 83.33 new text begin appeals under section 103G.2242, subdivision 9 new text end . 83.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 84.1    Sec. 102. Minnesota Statutes 2006, section 103G.2243, subdivision 2, is amended to 84.2read: 84.3    Subd. 2. Plan contents. A comprehensive wetland protection and management 84.4plan may: 84.5    (1) provide for classification of wetlands in the plan area based on: 84.6    (i) an inventory of wetlands in the plan area; 84.7    (ii) an assessment of the wetland functions listed in section 103B.3355, using a 84.8methodology chosen by the Technical Evaluation Panel from one of the methodologies 84.9established or approved by the board under that section; and 84.10    (iii) the resulting public values; 84.11    (2) vary application of the sequencing standards in section 103G.222, subdivision 1, 84.12paragraph (b), for projects based on the classification and criteria set forth in the plan; 84.13    (3) vary the replacement standards of section 103G.222, subdivision 1, paragraphs 84.14(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 84.15wetland impacts provided there is no net loss of public values within the area subject to 84.16the plan, and so long as: 84.17    (i) in a 50 to 80 percent area, a minimum acreage requirement of one acre of replaced 84.18wetland for each acre of drained or filled wetland requiring replacement is met within 84.19the area subject to the plan; and 84.20    (ii) in a less than 50 percent area, a minimum acreage requirement of two acres of 84.21replaced wetland for each acre of drained or filled wetland requiring replacement is met 84.22within the area subject to the plan, except that replacement for the amount above a 1:1 84.23ratio can be accomplished as described in section 103G.2242, subdivision 12; new text begin and new text end 84.24    (4) in a greater than 80 percent area, allow replacement credit, based on the 84.25classification and criteria set forth in the plan, for any project that increases the public 84.26value of wetlands, including activities on adjacent upland acres; and new text begin . new text end 84.27    (5) in a greater than 80 percent area, based on the classification and criteria set forth 84.28in the plan, expand the application of the exemptions in section 103G.2241, subdivision 84.291 , paragraph (a), clause (4), to also include nonagricultural land, provided there is no 84.30net loss of wetland values. 84.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 84.32    Sec. 103. Minnesota Statutes 2006, section 103G.235, is amended to read: 84.33103G.235 RESTRICTIONS ON ACCESS TO PUBLIC WATERS WETLANDS. 85.1     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, 85.2local units of government may by ordinance restrict public access to public waters 85.3wetlands from municipality, county, or township roads that abut public waters wetlands. 85.4     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 85.5 new text begin wetland or restores a formerly existing wetland on private land that is adjacent to public new text end 85.6 new text begin land or a public road right-of-way, there is no public access to the created or restored new text end 85.7 new text begin wetland if posted by the landowner. new text end 85.8    Sec. 104. Minnesota Statutes 2006, section 103G.301, subdivision 2, is amended to 85.9read: 85.10    Subd. 2. Permit application fees. (a) A permit application fee to defray the costs of 85.11receiving, recording, and processing the application must be paid for a permit authorized 85.12under this chapter and for each request to amend or transfer an existing permit. 85.13     new text begin (b) The fee to apply for a permit to appropriate water by a nonpublic applicant or a new text end 85.14 new text begin nonagricultural irrigation applicant must be assessed to recover the reasonable costs of new text end 85.15 new text begin preparing and issuing the permit. Fees collected under this paragraph must be credited new text end 85.16 new text begin to an account in the natural resources fund and are appropriated for fiscal years 2008 new text end 85.17 new text begin and 2009 to the commissioner. new text end 85.18    (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 85.19 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 85.20safety inspection, new text begin ; new text end or a state general permit or to apply for the state water bank program is 85.21$150. The application fee for a permit to work in public waters or to divert waters for 85.22mining must be at least $150, but not more than $1,000, according to a schedule of fees 85.23adopted under section 16A.1285. 85.24    Sec. 105. Minnesota Statutes 2006, section 115.55, subdivision 1, is amended to read: 85.25    Subdivision 1. Definitions. (a) The definitions in this subdivision apply to sections 85.26115.55 to 115.56. 85.27    (b) "Advisory committee" means the Advisory Committee on Individual Sewage 85.28Treatment Systems established under the individual sewage treatment system rules. The 85.29advisory committee must be appointed to ensure geographic representation of the state 85.30and include elected public officials. 85.31    (c) "Applicable requirements" means: 85.32    (1) local ordinances that comply with the individual sewage treatment system rules, 85.33as required in subdivision 2; or 86.1    (2) in areas not subject to the ordinances described in clause (1), the individual 86.2sewage treatment system rules. 86.3    (d) "City" means a statutory or home rule charter city. 86.4    (e) "Commissioner" means the commissioner of the Pollution Control Agency. 86.5    (f) "Dwelling" means a building or place used or intended to be used by human 86.6occupants as a single-family or two-family unit. 86.7    (g) "Individual sewage treatment system" or "system" means a sewage treatment 86.8system, or part thereof, serving a dwelling, other establishment, or group thereof, that 86.9uses subsurface soil treatment and disposal new text begin , or a holding tank, serving a dwelling, other new text end 86.10 new text begin establishment, or a group thereof new text end . 86.11    (h) "Individual sewage treatment system professional" means an inspector, installer, 86.12site evaluator or designer, or pumper. 86.13    (i) "Individual sewage treatment system rules" means rules adopted by the agency 86.14that establish minimum standards and criteria for the design, location, installation, use, 86.15and maintenance of individual sewage treatment systems. 86.16    (j) "Inspector" means a person who inspects individual sewage treatment systems for 86.17compliance with the applicable requirements. 86.18    (k) "Installer" means a person who constructs or repairs individual sewage treatment 86.19systems. 86.20    (l) "Local unit of government" means a township, city, or county. 86.21    (m) new text begin "Performance-based system" means a system that is designed specifically for a new text end 86.22 new text begin site and the environmental conditions on that site and designed to adequately protect the new text end 86.23 new text begin public health and the environment and provide long-term performance. At a minimum, a new text end 86.24 new text begin performance based system must ensure that applicable water quality standards are met in new text end 86.25 new text begin both ground and surface water that ultimately receive the treated wastewater. new text end 86.26     new text begin (n) new text end "Pumper" means a person who maintains components of individual sewage 86.27treatment systems including, but not limited to, septic, aerobic, and holding tanks. 86.28    (n) new text begin (o) new text end "Seasonal dwelling" means a dwelling that is occupied or used for less than 86.29180 days per year and less than 120 consecutive days. 86.30    (o) new text begin (p) new text end "Septic system tank" means any covered receptacle designed, constructed, 86.31and installed as part of an individual sewage treatment system. 86.32    (p) new text begin (q) new text end "Site evaluator or designer" means a person who: 86.33    (1) investigates soils and site characteristics to determine suitability, limitations, and 86.34sizing requirements; and 86.35    (2) designs individual sewage treatment systems. 87.1    (q) new text begin (r) new text end "Straight-pipe system" means a sewage disposal system that includes toilet 87.2waste and transports raw or partially settled sewage directly to a lake, a stream, a drainage 87.3system, or ground surface. 87.4    Sec. 106. Minnesota Statutes 2006, section 115.55, subdivision 2, is amended to read: 87.5    Subd. 2. Local ordinances. (a) All counties that did not adopt ordinances by 87.6May 7, 1994, or that do not have ordinances, must adopt ordinances that comply with 87.7 new text begin revisions to the new text end individual sewage treatment system rules by January 1, 1999, unless all 87.8towns and cities in the county have adopted such ordinances new text begin within two years of the final new text end 87.9 new text begin adoption by the agency new text end . County ordinances must apply to all areas of the county other 87.10than cities or towns that have adopted ordinances that comply with this section and are 87.11as strict as the applicable county ordinances. Any ordinance adopted by a local unit of 87.12government before May 7, 1994, to regulate individual sewage treatment systems must be 87.13in compliance with the individual sewage treatment system rules by January 1, 1998. 87.14    (b) A copy of each ordinance adopted under this subdivision must be submitted to 87.15the commissioner upon adoption. 87.16    (c) A local unit of government must make available to the public upon request a 87.17written list of any differences between its ordinances and rules adopted under this section. 87.18    Sec. 107. Minnesota Statutes 2006, section 115.55, subdivision 3, is amended to read: 87.19    Subd. 3. Rules. (a) The agency shall adopt rules containing minimum standards and 87.20criteria for the design, location, installation, use, and maintenance of individual sewage 87.21treatment systems. The rules must include: 87.22    (1) how the agency will ensure compliance under subdivision 2; 87.23    (2) how local units of government shall enforce ordinances under subdivision 2, 87.24including requirements for permits and inspection programs; 87.25    (3) how the advisory committee will participate in review and implementation of 87.26the rules; 87.27    (4) provisions for alternative new text begin nonstandard new text end systems new text begin and performance-based systems new text end ; 87.28    (5) provisions for handling and disposal of effluent; 87.29    (6) provisions for system abandonment; and 87.30    (7) procedures for variances, including the consideration of variances based on cost 87.31and variances that take into account proximity of a system to other systems. 87.32    (b) The agency shall consult with the advisory committee before adopting rules 87.33under this subdivision. 88.1    (c) Notwithstanding the repeal of the agency rule under which the commissioner 88.2has established a list of warrantied individual sewage treatment systems, the warranties 88.3for all systems so listed as of the effective date of the repeal shall continue to be valid 88.4for the remainder of the warranty period. 88.5    (d) The rules required in paragraph (a) must also address the following: 88.6    (1) a definition of redoximorphic features and other criteria that can be used by 88.7system designers and inspectors; 88.8    (2) direction on the interpretation of observed soil features that may be 88.9redoximorphic and their relation to zones of seasonal saturation; and 88.10    (3) procedures on how to resolve professional disagreements on seasonally saturated 88.11soils. 88.12These rules must be in place by March 31, 2006. 88.13    Sec. 108. Minnesota Statutes 2006, section 115.55, is amended by adding a subdivision 88.14to read: 88.15     new text begin Subd. 12. new text end new text begin Advisory committee; county individual sewage treatment system new text end 88.16 new text begin management plan. new text end new text begin (a) A county may adopt an individual sewage treatment system new text end 88.17 new text begin management plan that describes how the county plans on carrying out individual sewage new text end 88.18 new text begin treatment system needs. The commissioner of the Pollution Control Agency shall form an new text end 88.19 new text begin advisory committee to determine what the plans should address. The advisory committee new text end 88.20 new text begin shall be made up of representatives of the Association of Minnesota Counties, Pollution new text end 88.21 new text begin Control Agency, Board of Water and Soil Resources, Department of Health, and other new text end 88.22 new text begin public agencies or local units of government that have an interest in individual sewage new text end 88.23 new text begin treatment systems. new text end 88.24     new text begin (b) The advisory committee shall advise the agency on the standards, management, new text end 88.25 new text begin monitoring, and reporting requirements for performance-based systems. new text end 88.26    Sec. 109. Minnesota Statutes 2006, section 116C.92, is amended to read: 88.27116C.92 COORDINATION OF ACTIVITIES. 88.28     new text begin Subdivision 1. new text end new text begin State coordinating organization. new text end The Environmental Quality Board 88.29is designated the state coordinating organization for state and federal regulatory activities 88.30relating to genetically engineered organisms. 88.31     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 88.32 new text begin permit to release genetically engineered wild rice is issued anywhere in the United States. new text end 88.33 new text begin For purposes of this subdivision, "interested parties" means: new text end 88.34     new text begin (1) the state's wild rice industry; new text end 89.1     new text begin (2) the legislature; new text end 89.2     new text begin (3) federally recognized tribes within Minnesota; and new text end 89.3     new text begin (4) individuals who request to be notified. new text end 89.4    Sec. 110. Minnesota Statutes 2006, section 116C.94, subdivision 1, is amended to read: 89.5    Subdivision 1. General authority. new text begin (a) Except as provided in paragraph (b), new text end the 89.6board shall adopt rules consistent with sections 116C.91 to 116C.96 that require an 89.7environmental assessment worksheet and otherwise comply with chapter 116D and rules 89.8adopted under it for a proposed release and a permit for a release. The board may place 89.9conditions on a permit and may deny, modify, suspend, or revoke a permit. 89.10     new text begin (b) The board shall adopt rules that require an environmental impact statement and new text end 89.11 new text begin otherwise comply with chapter 116D and rules adopted under it for a proposed release and new text end 89.12 new text begin a permit for a release of genetically engineered wild rice. The board may place conditions new text end 89.13 new text begin on the permit and may deny, modify, suspend, or revoke the permit. new text end 89.14    Sec. 111. Minnesota Statutes 2006, section 116C.97, subdivision 2, is amended to read: 89.15    Subd. 2. Federal oversight. (a) If the board determines, upon its own volition or at 89.16the request of any person, that a federal program exists for regulating the release of certain 89.17genetically engineered organisms and the federal oversight under the program is adequate 89.18to protect human health or the environment, then any person may release such genetically 89.19engineered organisms after obtaining the necessary federal approval and without obtaining 89.20a state release permit or a significant environmental permit or complying with the other 89.21requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 89.22to section 116C.94. 89.23    (b) If the board determines the federal program is adequate to meet only certain 89.24requirements of sections 116C.91 to 116C.96 and the rules of the board adopted pursuant 89.25to section 116C.94, the board may exempt such releases from those requirements. 89.26    (c) A person proposing a release for which a federal authorization is required may 89.27apply to the board for an exemption from the board's permit or to a state agency with a 89.28significant environmental permit for the proposed release for an exemption from the 89.29agency's permit. The proposer must file with the board or state agency a written request 89.30for exemption with a copy of the federal application and the information necessary to 89.31determine if there is a potential for significant environmental effects under chapter 116D 89.32and rules adopted under it. The board or state agency shall give public notice of the request 89.33in the first available issue of the EQB Monitor and shall provide an opportunity for public 89.34comment on the environmental review process consistent with chapter 116D and rules 90.1adopted under it. The board or state agency may grant the exemption if the board or state 90.2agency finds that the federal authorization issued is adequate to meet the requirements of 90.3chapter 116D and rules adopted under it and any other requirement of the board's or state 90.4agency's authority regarding the release of genetically engineered organisms. The board 90.5or state agency must grant or deny the exemption within 45 days after the receipt of the 90.6written request and the information required by the board or state agency. 90.7     new text begin (d) This subdivision does not apply to genetically engineered organisms for which new text end 90.8 new text begin an environmental impact statement is required under sections 116C.91 to 116C.96. new text end 90.9    Sec. 112. Minnesota Statutes 2006, section 282.04, subdivision 1, is amended to read: 90.10    Subdivision 1. Timber sales; land leases and uses. (a) The county auditor may 90.11sell timber upon any tract that may be approved by the natural resources commissioner. 90.12The sale of timber shall be made for cash at not less than the appraised value determined 90.13by the county board to the highest bidder after not less than one week's published notice 90.14in an official paper within the county. Any timber offered at the public sale and not sold 90.15may thereafter be sold at private sale by the county auditor at not less than the appraised 90.16value thereof, until the time as the county board may withdraw the timber from sale. The 90.17appraised value of the timber and the forestry practices to be followed in the cutting of 90.18said timber shall be approved by the commissioner of natural resources. 90.19    (b) Payment of the full sale price of all timber sold on tax-forfeited lands shall be 90.20made in cash at the time of the timber sale, except in the case of oral or sealed bid auction 90.21sales, the down payment shall be no less than 15 percent of the appraised value, and the 90.22balance shall be paid prior to entry. In the case of auction sales that are partitioned and 90.23sold as a single sale with predetermined cutting blocks, the down payment shall be no less 90.24than 15 percent of the appraised price of the entire timber sale which may be held until the 90.25satisfactory completion of the sale or applied in whole or in part to the final cutting block. 90.26The value of each separate block must be paid in full before any cutting may begin in that 90.27block. With the permission of the county contract administrator the purchaser may enter 90.28unpaid blocks and cut necessary timber incidental to developing logging roads as may 90.29be needed to log other blocks provided that no timber may be removed from an unpaid 90.30block until separately scaled and paid for. If payment is provided as specified in this 90.31paragraph as security under paragraph (a) and no cutting has taken place on the contract, 90.32the county auditor may credit the security provided, less any down payment required for 90.33an auction sale under this paragraph, to any other contract issued to the contract holder 90.34by the county under this chapter to which the contract holder requests in writing that it 91.1be credited, provided the request and transfer is made within the same calendar year as 91.2the security was received. 91.3    (c) The county board may require final settlement on the basis of a scale of cut 91.4products new text begin sell any timber, including biomass, as appraised or scaled new text end . Any parcels of land 91.5from which timber is to be sold by scale of cut products shall be so designated in the 91.6published notice of sale under paragraph (a), in which case the notice shall contain a 91.7description of the parcels, a statement of the estimated quantity of each species of timber, 91.8and the appraised price of each species of timber for 1,000 feet, per cord or per piece, as 91.9the case may be. In those cases any bids offered over and above the appraised prices shall 91.10be by percentage, the percent bid to be added to the appraised price of each of the different 91.11species of timber advertised on the land. The purchaser of timber from the parcels shall 91.12pay in cash at the time of sale at the rate bid for all of the timber shown in the notice of 91.13sale as estimated to be standing on the land, and in addition shall pay at the same rate for 91.14any additional amounts which the final scale shows to have been cut or was available for 91.15cutting on the land at the time of sale under the terms of the sale. Where the final scale 91.16of cut products shows that less timber was cut or was available for cutting under terms 91.17of the sale than was originally paid for, the excess payment shall be refunded from the 91.18forfeited tax sale fund upon the claim of the purchaser, to be audited and allowed by the 91.19county board as in case of other claims against the county. No timber, except hardwood 91.20pulpwood, may be removed from the parcels of land or other designated landings until 91.21scaled by a person or persons designated by the county board and approved by the 91.22commissioner of natural resources. Landings other than the parcel of land from which 91.23timber is cut may be designated for scaling by the county board by written agreement 91.24with the purchaser of the timber. The county board may, by written agreement with the 91.25purchaser and with a consumer designated by the purchaser when the timber is sold by the 91.26county auditor, and with the approval of the commissioner of natural resources, accept the 91.27consumer's scale of cut products delivered at the consumer's landing. No timber shall be 91.28removed until fully paid for in cash. Small amounts of timber not exceeding $3,000 in 91.29appraised valuation may be sold for not less than the full appraised value at private sale 91.30to individual persons without first publishing notice of sale or calling for bids, provided 91.31that in case of a sale involving a total appraised value of more than $200 the sale shall be 91.32made subject to final settlement on the basis of a scale of cut products in the manner above 91.33provided and not more than two of the sales, directly or indirectly to any individual shall 91.34be in effect at one time. 91.35    (d) As directed by the county board, the county auditor may lease tax-forfeited land 91.36to individuals, corporations or organized subdivisions of the state at public or private sale, 92.1and at the prices and under the terms as the county board may prescribe, for use as cottage 92.2and camp sites and for agricultural purposes and for the purpose of taking and removing of 92.3hay, stumpage, sand, gravel, clay, rock, marl, and black dirt from the land, and for garden 92.4sites and other temporary uses provided that no leases shall be for a period to exceed ten 92.5years; provided, further that any leases involving a consideration of more than $12,000 per 92.6year, except to an organized subdivision of the state shall first be offered at public sale in 92.7the manner provided herein for sale of timber. Upon the sale of any leased land, it shall 92.8remain subject to the lease for not to exceed one year from the beginning of the term of the 92.9lease. Any rent paid by the lessee for the portion of the term cut off by the cancellation 92.10shall be refunded from the forfeited tax sale fund upon the claim of the lessee, to be 92.11audited and allowed by the county board as in case of other claims against the county. 92.12    (e) As directed by the county board, the county auditor may lease tax-forfeited land 92.13to individuals, corporations, or organized subdivisions of the state at public or private sale, 92.14at the prices and under the terms as the county board may prescribe, for the purpose 92.15of taking and removing for use for road construction and other purposes tax-forfeited 92.16stockpiled iron-bearing material. The county auditor must determine that the material is 92.17needed and suitable for use in the construction or maintenance of a road, tailings basin, 92.18settling basin, dike, dam, bank fill, or other works on public or private property, and 92.19that the use would be in the best interests of the public. No lease shall exceed ten years. 92.20The use of a stockpile for these purposes must first be approved by the commissioner of 92.21natural resources. The request shall be deemed approved unless the requesting county 92.22is notified to the contrary by the commissioner of natural resources within six months 92.23after receipt of a request for approval for use of a stockpile. Once use of a stockpile has 92.24been approved, the county may continue to lease it for these purposes until approval is 92.25withdrawn by the commissioner of natural resources. 92.26    (f) The county auditor, with the approval of the county board is authorized to grant 92.27permits, licenses, and leases to tax-forfeited lands for the depositing of stripping, lean 92.28ores, tailings, or waste products from mines or ore milling plants, upon the conditions and 92.29for the consideration and for the period of time, not exceeding 15 years, as the county 92.30board may determine. The permits, licenses, or leases are subject to approval by the 92.31commissioner of natural resources. 92.32    (g) Any person who removes any timber from tax-forfeited land before said 92.33timber has been scaled and fully paid for as provided in this subdivision is guilty of a 92.34misdemeanor. 92.35    (h) The county auditor may, with the approval of the county board, and without first 92.36offering at public sale, grant leases, for a term not exceeding 25 years, for the removal 93.1of peat and for the production or removal of farm-grown closed-loop biomass as defined 93.2in section 216B.2424, subdivision 1, or short-rotation woody crops from tax-forfeited 93.3lands upon the terms and conditions as the county board may prescribe. Any lease for 93.4the removal of peat, farm-grown closed-loop biomass, or short-rotation woody crops 93.5from tax-forfeited lands must first be reviewed and approved by the commissioner of 93.6natural resources if the lease covers 320 or more acres. No lease for the removal of 93.7peat, farm-grown closed-loop biomass, or short-rotation woody crops shall be made by 93.8the county auditor pursuant to this section without first holding a public hearing on the 93.9auditor's intention to lease. One printed notice in a legal newspaper in the county at least 93.10ten days before the hearing, and posted notice in the courthouse at least 20 days before 93.11the hearing shall be given of the hearing. 93.12    (i) Notwithstanding any provision of paragraph (c) to the contrary, the St. Louis 93.13County auditor may, at the discretion of the county board, sell timber to the party who 93.14bids the highest price for all the several kinds of timber, as provided for sales by the 93.15commissioner of natural resources under section 90.14. Bids offered over and above the 93.16appraised price need not be applied proportionately to the appraised price of each of 93.17the different species of timber. 93.18    (j) In lieu of any payment or deposit required in paragraph (b), as directed by the 93.19county board and under terms set by the county board, the county auditor may accept an 93.20irrevocable bank letter of credit in the amount equal to the amount otherwise determined 93.21in paragraph (b). If an irrevocable bank letter of credit is provided under this paragraph, 93.22at the written request of the purchaser, the county may periodically allow the bank letter 93.23of credit to be reduced by an amount proportionate to the value of timber that has been 93.24harvested and for which the county has received payment. The remaining amount of 93.25the bank letter of credit after a reduction under this paragraph must not be less than 20 93.26percent of the value of the timber purchased. If an irrevocable bank letter of credit or 93.27cash deposit is provided for the down payment required in paragraph (b), and no cutting 93.28of timber has taken place on the contract for which a letter of credit has been provided, 93.29the county may allow the transfer of the letter of credit to any other contract issued to the 93.30contract holder by the county under this chapter to which the contract holder requests in 93.31writing that it be credited. 93.32    Sec. 113. Minnesota Statutes 2006, section 394.23, is amended to read: 93.33394.23 COMPREHENSIVE PLAN. 93.34    The board has the power and authority to prepare and adopt by ordinance, a 93.35comprehensive plan. A comprehensive plan or plans when adopted by ordinance must be 94.1the basis for official controls adopted under the provisions of sections 394.21 to 394.37. 94.2 new text begin The commissioner of natural resources must provide the natural heritage data from the new text end 94.3 new text begin county biological survey, if available, to each county for use in the comprehensive plan. new text end 94.4    Sec. 114. Minnesota Statutes 2006, section 462.353, subdivision 2, is amended to read: 94.5    Subd. 2. Studies and reports. In exercising its powers under subdivision 1, a 94.6municipality may collect and analyze data, prepare maps, charts, tables, and other 94.7illustrations and displays, and conduct necessary studies. A municipality may publicize its 94.8purposes, suggestions, and findings on planning matters, may distribute reports thereon, 94.9and may advise the public on the planning matters within the scope of its duties and 94.10objectives. new text begin The commissioner of natural resources must provide the natural heritage new text end 94.11 new text begin data from the county biological survey, if available, to each municipality for use in the new text end 94.12 new text begin comprehensive plan. new text end 94.13    Sec. 115. Laws 1998, chapter 389, article 16, section 31, subdivision 4, as amended 94.14by Laws 1999, chapter 180, section 3, and Laws 2001, chapter 164, section 5, and Laws 94.152005, First Special Session chapter 1, article 2, section 149, is amended to read: 94.16    Subd. 4. County environmental trust fund. Notwithstanding the provisions of 94.17Minnesota Statutes, chapter 282, and any other law relating to the apportionment of 94.18proceeds from the sale of tax-forfeited land, and except as otherwise provided in this 94.19section, a county board must deposit the money received from the sale of land under 94.20subdivision 3 into an environmental trust fund established by the county under this 94.21subdivision. The county board may: (1) deposit part or all of the environmental trust fund 94.22money as provided in Minnesota Statutes, chapter 118A; or (2) enter into an agreement 94.23with the State Board of Investment to invest all or part of the money in investments 94.24under Minnesota Statutes, section 11A.24, subdivisions 1 to 5, on behalf of the county. 94.25The following may be withheld by a county board and are not required to be deposited 94.26into an environmental trust fund: the costs of appraisal, abstracts, and surveys; money 94.27received from a sale which is attributable to land owned by a county in fee; amounts paid 94.28to lessees for improvements; amounts paid to acquire land which is included in a county 94.29plan for exchange and is conveyed to the state in the exchange, including the purchase 94.30price, appraisal, abstract, survey, and closing costs; and the costs of sale to lessees or other 94.31parties, including the costs of advertising, realtors, and closing services. If the proceeds 94.32from the sale of tax-forfeited land in a county are $250,000 or more, the amount the 94.33county may spend from the fund each calendar year may not exceed 5-1/2 percent of the 94.34market value of the fund on January 1 of the preceding calendar year, and the county board 95.1may spend money from the fund only for purposes related to the improvement of natural 95.2resources. To the extent money received from the sale is attributable to tax-forfeited 95.3land from another county, the money must be deposited in an environmental trust fund 95.4established under this section by that county board. new text begin The county board must not delegate new text end 95.5 new text begin to an appointed official or any other person any decision required or permitted to be new text end 95.6 new text begin made under this subdivision. new text end 95.7    Sec. 116. Laws 2003, chapter 128, article 1, section 169, is amended to read: 95.8    Sec. 169. CONTINUOUS TRAIL DESIGNATION. 95.9    (a) The commissioner of natural resources shall locate, plan, design, map, construct, 95.10designate, and sign a new trail for use by all-terrain vehicles and off-highway motorcycles 95.11of not less than 70 continuous miles in length on any land owned by the state or in 95.12cooperation with any county on land owned by that county or on a combination of any of 95.13these lands. This new trail shall be ready for use by April 1, 2007 new text begin June 30, 2009 new text end . 95.14    (b) All funding for this new trail shall come from the all-terrain vehicle dedicated 95.15account and is appropriated each year as needed. 95.16    (c) This new trail shall have at least two areas of access complete with appropriate 95.17parking for vehicles and trailers and enough room for loading and unloading all-terrain 95.18vehicles. Some existing trails, that are strictly all-terrain vehicle trails, and are not 95.19inventoried forest roads, may be incorporated into the design of this new all-terrain vehicle 95.20trail. This new trail may be of a continuous loop design and shall provide for spurs to other 95.21all-terrain vehicle trails as long as those spurs do not count toward the 70 continuous miles 95.22of this new all-terrain vehicle trail. Four rest areas shall be provided along the way. 95.23    Sec. 117. Laws 2006, chapter 236, article 1, section 21, is amended to read: 95.24    Sec. 21. EXCHANGE OF TAX-FORFEITED LAND; PRIVATE SALE; 95.25ITASCA COUNTY. 95.26    (a) For the purpose of a land exchange for use in connection with a proposed 95.27steel mill in Itasca County referenced in Laws 1999, chapter 240, article 1, section 8, 95.28subdivision 3, title examination and approval of the land described in paragraph (b) 95.29shall be undertaken as a condition of exchange of the land for class B land, and shall be 95.30governed by Minnesota Statutes, section 94.344, subdivisions 9 and 10, and the provisions 95.31of this section. Notwithstanding the evidence of title requirements in Minnesota Statutes, 95.32section 94.344, subdivisions 9 and 10, the county attorney shall examine one or more title 95.33reports or title insurance commitments prepared or underwritten by a title insurer licensed 95.34to conduct title insurance business in this state, regardless of whether abstracts were 96.1created or updated in the preparation of the title reports or commitments. The opinion of 96.2the county attorney, and approval by the attorney general, shall be based on those title 96.3reports or commitments. 96.4    (b) The land subject to this section is located in Itasca County and is described as: 96.5    (1) Sections 3, 4, 7, 10, 14, 15, 16, 17, 18, 20, 21, 22, 23, 26, 28, and 29, Township 96.656 North, Range 22 West; 96.7    (2) Sections 3, 4, 9, 10, 13, and 14, Township 56 North, Range 23 West; 96.8    (3) Section 30, Township 57 North, Range 22 West; and 96.9    (4) Sections 25, 26, 34, 35, and 36, Township 57 North, Range 23 West. 96.10    (c) Riparian land given in exchange by Itasca County for the purpose of the steel 96.11mill referenced in paragraph (a), is exempt from the restrictions imposed by Minnesota 96.12Statutes, section 94.342, subdivision 3. 96.13    (d) Notwithstanding Minnesota Statutes, sections 92.45 and 282.018, subdivision 1, 96.14and the public sale provisions of Minnesota Statutes, chapter 282, Itasca County may sell, 96.15by private sale, any land received in exchange for the purpose of the steel mill referenced 96.16in paragraph (a), under the remaining provisions of Minnesota Statutes, chapter 282. The 96.17sale must be in a form approved by the attorney general. 96.18     new text begin (e) Notwithstanding Minnesota Statutes, section 284.28, subdivision 8, or any other new text end 96.19 new text begin law to the contrary, land acquired through an exchange under this section is exempt from new text end 96.20 new text begin payment of three percent of the sales price required to be collected by the county auditor new text end 96.21 new text begin at the time of sale for deposit in the state treasury. new text end 96.22    Sec. 118. new text begin VOLUNTARY TERMINATION OF TIMBER SALE PERMITS. new text end 96.23     new text begin (a) Notwithstanding Minnesota Statutes, sections 90.161, 90.173, and 90.211, or new text end 96.24 new text begin other law to the contrary, the commissioner of natural resources shall, in the case of new text end 96.25 new text begin nontrust land, terminate the permit for an eligible sale of timber without penalty according new text end 96.26 new text begin to this section and upon request of the permit holder. In the case of a permit relating new text end 96.27 new text begin to trust land, the commissioner shall terminate the permit for an eligible sale of timber new text end 96.28 new text begin according to this section only if termination of the permit would secure the maximum new text end 96.29 new text begin long-term economic return from the land consistent with the fiduciary responsibilities new text end 96.30 new text begin imposed by law in regard to the trust lands. new text end 96.31     new text begin (b) An "eligible sale" means a sale for timber: new text end 96.32     new text begin (1) the permit for which was issued on or after October 1, 2004, but before March new text end 96.33 new text begin 31, 2006; new text end 96.34     new text begin (2) that contains aspen as the predominant timber species; new text end 96.35     new text begin (3) for which the aspen was sold for $40 per cord or more; and new text end 97.1     new text begin (4) for which no harvest activities or activities incidental to harvest have occurred. new text end 97.2     new text begin (c) The maximum amount available for voluntary turn back under this section is new text end 97.3 new text begin 7,500 cords of all species for each permittee. new text end 97.4     new text begin (d) In the case of a 100 percent secured sale, the permittee may choose to be released new text end 97.5 new text begin from the security of any permit consistent with paragraph (b), except that the permittee new text end 97.6 new text begin must pay 15 percent of the appraised value of the permit, plus eight percent interest from new text end 97.7 new text begin date of purchase to date of conversion under this paragraph, in cash, to the commissioner. new text end 97.8     new text begin (e) In the case of any sale, including a sale under paragraph (d), for which the new text end 97.9 new text begin commissioner has received a 15 percent down payment and that meets the criteria in new text end 97.10 new text begin paragraph (b), the permit holder may request a credit equal to two-thirds of the down new text end 97.11 new text begin payment. Amounts credited to permittees under this paragraph must first be applied to new text end 97.12 new text begin any existing sales that remain in the permittee's account and may then be used toward new text end 97.13 new text begin future timber purchases. Credits under this paragraph expire two years after the effective new text end 97.14 new text begin date of the permit termination. new text end 97.15     new text begin (f) All permit terminations under this section must be completed by December 31, new text end 97.16 new text begin 2007. The commissioner of natural resources must proceed expeditiously to reoffer for new text end 97.17 new text begin sale any timber subject of a turn back under this section. new text end 97.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 97.19    Sec. 119. new text begin FOREST PROTECTION PLAN. new text end 97.20     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 97.21 new text begin force to develop a plan to prepare the state for early detection, appropriate response, and new text end 97.22 new text begin educating the public regarding invasive pests that threaten the tree cover of Minnesota. The new text end 97.23 new text begin task force also may give advice on how to best promote forest diversity and the planting of new text end 97.24 new text begin trees to address environmental challenges with the state. The plan must address: new text end 97.25     new text begin (1) current efforts to address forest pests, what geographic areas and property types new text end 97.26 new text begin have regular and active monitoring of forest pests, and gaps in the adequacy of the current new text end 97.27 new text begin oversight and detection system; new text end 97.28     new text begin (2) how the state may establish a flexible, yet comprehensive, system of tree new text end 97.29 new text begin monitoring so that trees in all areas of Minnesota will be covered by active early pest new text end 97.30 new text begin detection efforts. In analyzing this, the task force shall consider possible roles for certified new text end 97.31 new text begin tree inspectors, volunteers, and state and local government; new text end 97.32     new text begin (3) current storm damage response and how that might be improved for forest health new text end 97.33 new text begin and to minimize vulnerability to pest infection; new text end 98.1     new text begin (4) the adequacy of the current response plan, the clarity of state and local roles and new text end 98.2 new text begin responsibilities, emergency communication plans, and the availability of needed funding new text end 98.3 new text begin for pest outbreak response and how to scale it up should a major outbreak be detected; new text end 98.4     new text begin (5) recommendations for clear delineation of state and local roles in notifying new text end 98.5 new text begin property owners and enforcing remediation actions; new text end 98.6     new text begin (6) the best approach to broad public education on the threats of new invasive tree new text end 98.7 new text begin pests, the expected response to an outbreak, the value of trees to our environment, and the new text end 98.8 new text begin promotion of a more diversified tree cover statewide; and new text end 98.9     new text begin (7) an assessment of funding needs and options for the above activities and possible new text end 98.10 new text begin funding approaches to promote the planting of a more diverse tree cover, along with new text end 98.11 new text begin assisting in the costs of tree removal and replacement for public entities and property new text end 98.12 new text begin owners. new text end 98.13     new text begin (b) A report and recommendations to the legislative committees with jurisdiction new text end 98.14 new text begin over natural resources and to the Legislative-Citizen Commission on Minnesota Resources new text end 98.15 new text begin shall be due on December 15, 2007. new text end 98.16     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 98.17 new text begin commissioners of agriculture and natural resources shall jointly appoint the members new text end 98.18 new text begin of the task force, which shall include up to 15 members with representatives of the new text end 98.19 new text begin University of Minnesota; city, township, and county associations; commercial timber new text end 98.20 new text begin and forest industries of varying size; nursery and landscape architecture; arborists and new text end 98.21 new text begin certified tree inspectors; nonprofit organizations engaged in tree advocacy, planting, and new text end 98.22 new text begin education; master gardeners; and the Minnesota Shade Tree Advisory Council and a tribal new text end 98.23 new text begin representative recommended by the Indian Affairs Council. new text end 98.24     new text begin Representatives of the Departments of Agriculture and Natural Resources shall serve new text end 98.25 new text begin as ex-officio members and assist the task force in its work. new text end 98.26    Sec. 120. new text begin ENDOCRINE DISRUPTOR REPORT. new text end 98.27     new text begin The commissioner of the Pollution Control Agency shall prepare a report on new text end 98.28 new text begin strategies to prevent the entry of endocrine disruptors into waters of the state. The report new text end 98.29 new text begin must include an estimate for each strategy of the proportion of endocrine disruptors that new text end 98.30 new text begin are prevented from entering the waters of the state. The commissioner shall submit the new text end 98.31 new text begin report to the house and senate committees having jurisdiction over environment and new text end 98.32 new text begin natural resources policy and finance by January 15, 2008. new text end 98.33    Sec. 121. new text begin EASEMENT REPORT REQUIRED. new text end 99.1     new text begin By January 1, 2008, the commissioner of natural resources must report to the new text end 99.2 new text begin house and senate committees with jurisdiction over environment and natural resources new text end 99.3 new text begin finance with proposed minimum legal and conservation standards that could be applied new text end 99.4 new text begin to conservation easements acquired with public money. new text end 99.5    Sec. 122. new text begin TAX-FORFEITED LANDS LEASE; ITASCA COUNTY. new text end 99.6     new text begin Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, new text end 99.7 new text begin the Itasca County auditor may lease tax-forfeited land to Minnesota Steel for a period of new text end 99.8 new text begin 20 years, for use as a tailings basin and buffer area. A lease entered under this section new text end 99.9 new text begin is renewable. new text end 99.10    Sec. 123. new text begin WILD RICE STUDY. new text end 99.11     new text begin By February 15, 2008, the commissioner of natural resources must prepare a study new text end 99.12 new text begin for natural wild rice that includes: new text end 99.13     new text begin (1) the current location and estimated acreage and area of natural stands; new text end 99.14     new text begin (2) potential threats to natural stands, including, but not limited to, development new text end 99.15 new text begin pressure, water levels, pollution, invasive species, and genetically engineered strains; and new text end 99.16     new text begin (3) recommendations to the house and senate committees with jurisdiction over new text end 99.17 new text begin natural resources on protecting and increasing natural wild rice stands in the state. new text end 99.18     new text begin In developing the study, the commissioner must contact and ask for comments new text end 99.19 new text begin from the state's wild rice industry, the commissioner of agriculture, local officials with new text end 99.20 new text begin significant areas of wild rice within their jurisdictions, tribal leaders within affected new text end 99.21 new text begin federally recognized tribes, and interested citizens. new text end 99.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 99.23    Sec. 124. new text begin CONSTRUCTION. new text end 99.24     new text begin Nothing in sections 109, 110, 111, and 123 affects, alters, or modifies the authorities, new text end 99.25 new text begin responsibilities, obligations, or powers of the state or any political subdivision thereof or new text end 99.26 new text begin any federally recognized tribe. new text end 99.27    Sec. 125. new text begin SEPTIC BEST PRACTICES ASSISTANCE. new text end 99.28     new text begin The commissioner of the Pollution Control Agency shall establish a database of new text end 99.29 new text begin best practices regarding the installation, management, and maintenance of individual new text end 99.30 new text begin sewage treatment systems. The database must be made available to any interested public new text end 99.31 new text begin or private party. new text end 100.1    Sec. 126. new text begin RULEMAKING. new text end 100.2     new text begin Within 90 days of the effective date of this section, the Board of Water and Soil new text end 100.3 new text begin Resources shall adopt rules that amend Minnesota Rules, chapter 8420, to incorporate new text end 100.4 new text begin statute changes and to address the related wetland exemption provisions in Minnesota new text end 100.5 new text begin Rules, parts 8420.0115 to 8420.0210, and the wetland replacement and banking provisions new text end 100.6 new text begin in Minnesota Rules, parts 8420.0500 to 8420.0760. These rules are exempt from the new text end 100.7 new text begin rulemaking provisions of Minnesota Statutes, chapter 14, except that Minnesota Statutes, new text end 100.8 new text begin section 14.386, applies and the proposed rules must be submitted to the senate and house new text end 100.9 new text begin committees having jurisdiction over environment and natural resources at least 30 days new text end 100.10 new text begin prior to being published in the State Register. The amended rules are effective for two new text end 100.11 new text begin years from the date of publication in the State Register unless they are superseded by new text end 100.12 new text begin permanent rules. new text end 100.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 100.14    Sec. 127. new text begin GREENLEAF LAKE STATE RECREATION AREA. new text end 100.15     new text begin Subdivision 1. new text end new text begin [85.013] [Subd. 11b.] Greenleaf Lake State Recreation Area. new text end 100.16     new text begin In addition to the lands designated under Laws 2003, First Special Session chapter 13, new text end 100.17 new text begin section 6, as amended by Laws 2004, chapter 262, article 2, section 10, the following lands new text end 100.18 new text begin are added to the Greenleaf Lake State Recreation Area: new text end 100.19 new text begin (1) the West 1104.98 feet of Government Lot 4, Section 21, Township 118 North, Range new text end 100.20 new text begin 30 West, Meeker County, Minnesota; and new text end 100.21 new text begin (2) that part of Government Lot 7 of Section 20, Township 118, Range 30, which lies new text end 100.22 new text begin south of the following described line and its extensions: said line commencing at the new text end 100.23 new text begin southwest corner of said Section 20; thence on an assumed bearing of North 08 degrees new text end 100.24 new text begin 22 minutes 44 seconds West, along the west line of said section, a distance of 1350.00 new text end 100.25 new text begin feet to the point of beginning of the line to be described; thence North 88 degrees 28 new text end 100.26 new text begin minutes 35 seconds East, a distance of 699 feet to the shoreline of Greenleaf Lake and new text end 100.27 new text begin said line terminating thereat; and Government Lot 8 of said section except the following new text end 100.28 new text begin described tract: said tract being that part of said Government Lot 8 lying east of the new text end 100.29 new text begin following described line: said line commencing at the southwest corner of said section; new text end 100.30 new text begin thence easterly, along the south line of said section, a distance of 734.60 feet to the point new text end 100.31 new text begin of beginning of the line to be described; thence north at a right angle, a distance of 100 new text end 100.32 new text begin feet and said line terminating thereat. new text end 100.33     new text begin Subd. 2. new text end new text begin Management. new text end new text begin (a) The commissioner of natural resources, in consultation new text end 100.34 new text begin with local elected officials and citizens of Meeker County and other interested new text end 101.1 new text begin stakeholders, shall develop a comprehensive management plan that provides for new text end 101.2 new text begin opportunities for outdoor recreation, as defined under Minnesota Statutes, section 86A.03, new text end 101.3 new text begin subdivision 3, in Greenleaf Lake State Recreation Area. The completed management plan new text end 101.4 new text begin shall serve as the master plan for purposes of Minnesota Statutes, section 86A.09. new text end 101.5     new text begin (b) The redesignation of Greenleaf Lake State Park to a state recreation area under new text end 101.6 new text begin this act does not take effect until the first parcel of land is purchased by the commissioner new text end 101.7 new text begin for the state recreation area. new text end 101.8    Sec. 128. new text begin VERMILLION HIGHLANDS WILDLIFE MANAGEMENT AREA. new text end 101.9     new text begin (a) The following area is established and designated as the Vermillion Highlands new text end 101.10 new text begin Wildlife Management Area, subject to the special permitted uses authorized in this section: new text end 101.11     new text begin The approximately 2,840 acres owned by the University of Minnesota lying within new text end 101.12 new text begin the area legally described as approximately the southerly 3/4 of the Southwest 1/4 of new text end 101.13 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 101.14 new text begin West 1/2 of Section 12, Section 13, and Section 14, all in Township 114 North, Range new text end 101.15 new text begin 19 West, Dakota County. new text end 101.16     new text begin (b) Notwithstanding Minnesota Statutes, section 86A.05, subdivision 8, paragraph new text end 101.17 new text begin (c), permitted uses in the Vermillion Highlands Wildlife Management Area include: new text end 101.18     new text begin (1) education, outreach, and agriculture with the intent to eventually phase out new text end 101.19 new text begin agriculture leases and plant and restore native prairie; new text end 101.20     new text begin (2) research by the University of Minnesota or other permitted researchers; new text end 101.21     new text begin (3) hiking, hunting, fishing, trapping, and other compatible wildlife-related new text end 101.22 new text begin recreation of a natural outdoors experience, without constructing new hard surface trails new text end 101.23 new text begin or roads, and supporting management and improvements; new text end 101.24     new text begin (4) designated trails for hiking, horseback riding, biking, and cross-country skiing new text end 101.25 new text begin and necessary trailhead support with minimal impact on the permitted uses in clause (3); new text end 101.26     new text begin (5) shooting sports facilities for sporting clays, skeet, trapshooting, and rifle and new text end 101.27 new text begin pistol shooting, including sanctioned events and training for responsible handling and new text end 101.28 new text begin use of firearms; new text end 101.29     new text begin (6) grant-in-aid snowmobile trails; and new text end 101.30     new text begin (7) leases for small-scale farms to market vegetable farming. new text end 101.31     new text begin (c) With the concurrence of representatives of the University of Minnesota and new text end 101.32 new text begin Dakota County, the commissioner of natural resources may, by posting or rule, restrict the new text end 101.33 new text begin permitted uses as follows: new text end 102.1     new text begin (1) temporarily close areas or trails, by posting at the access points, to facilitate new text end 102.2 new text begin hunting. When temporarily closing trails under this clause, the commissioner shall avoid new text end 102.3 new text begin closing all trail loops simultaneously whenever practical; or new text end 102.4     new text begin (2) limit other permitted uses to accommodate hunting and trapping after providing new text end 102.5 new text begin advance public notice. Research conducted by the university may not be limited unless new text end 102.6 new text begin mutually agreed by the commissioner and the University of Minnesota. new text end 102.7     new text begin (d) Road maintenance within the wildlife management area shall be minimized, with new text end 102.8 new text begin the intent to abandon interior roads when no longer needed for traditional agriculture new text end 102.9 new text begin purposes. new text end 102.10     new text begin (e) Money collected on leases from lands within the wildlife management area new text end 102.11 new text begin must be kept in a separate account and spent within the wildlife management area under new text end 102.12 new text begin direction of the representatives listed in paragraph (c). $200,000 of this money may be new text end 102.13 new text begin transferred to the commissioner of natural resources for a master planning process and new text end 102.14 new text begin resource inventory of the land identified in Minnesota Statutes, section 137.50, subdivision new text end 102.15 new text begin 6, in order to provide needed prairie and wetland restoration. The commissioner must work new text end 102.16 new text begin with affected officials from the University of Minnesota and Dakota County to complete new text end 102.17 new text begin these requirements and inform landowners and lessees about the planning process. new text end 102.18     new text begin (f) Notwithstanding Minnesota Statutes, sections 97A.061 and 477A.11, the state new text end 102.19 new text begin of Minnesota shall not provide payments in lieu of taxes for the lands described in new text end 102.20 new text begin paragraph (a). new text end 102.21    Sec. 129. new text begin STRAND'S STATE ISLAND. new text end 102.22     new text begin Notwithstanding Minnesota Statutes, section 83A.02, the commissioner of natural new text end 102.23 new text begin resources shall change the name of Big Island in Pelican Lake in St. Louis County new text end 102.24 new text begin to Strand's State Island. new text end 102.25    Sec. 130. new text begin REPEALER. new text end 102.26 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 102.27 new text begin (b) new text end new text begin Minnesota Statutes 2006, section 89A.11, new text end new text begin is repealed effective July 1, 2007. new text end 102.28 new text begin (c) 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 102.29 new text begin day following final enactment. new text end 102.30 new text begin (d) 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 102.31ARTICLE 3 102.32SCIENCE MUSEUM AND STATE ZOO 102.33 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 103.1     new text begin The amounts shown in this section summarize direct appropriations by fund made new text end 103.2 new text begin in this article. new text end 103.3 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 103.4 new text begin General new text end new text begin $ new text end new text begin 8,313,000 new text end new text begin $ new text end new text begin 8,440,000 new text end new text begin $ new text end new text begin 16,753,000 new text end 103.5 new text begin Natural Resources new text end new text begin 137,000 new text end new text begin 138,000 new text end new text begin 275,000 new text end 103.6 new text begin Total new text end new text begin $ new text end new text begin 8,450,000 new text end new text begin $ new text end new text begin 8,578,000 new text end new text begin $ new text end new text begin 17,028,000 new text end 103.7 103.8 Sec. 2. 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 103.9 new text begin The base budget for the Science Museum new text end 103.10 new text begin of Minnesota is $1,000,000 each year in the new text end 103.11 new text begin 2010-2011 biennium. new text end 103.12 Sec. 3. new text begin ZOOLOGICAL BOARD new text end new text begin $ new text end new text begin 7,200,000 new text end new text begin $ new text end new text begin 7,328,000 new text end 103.13 new text begin Appropriations by Fund new text end 103.14 new text begin 2008 new text end new text begin 2009 new text end 103.15 new text begin General new text end new text begin 7,063,000 new text end new text begin 7,190,000 new text end 103.16 new text begin Natural Resources new text end new text begin 137,000 new text end new text begin 138,000 new text end 103.17 new text begin $137,000 the first year and $138,000 the new text end 103.18 new text begin second year are from the natural resources new text end 103.19 new text begin fund from the revenue deposited under new text end 103.20 new text begin Minnesota Statutes, section 297A.94, new text end 103.21 new text begin paragraph (e), clause (5). This is a onetime new text end 103.22 new text begin appropriation. new text end 103.23 new text begin The general fund base budget for the new text end 103.24 new text begin Zoological Board is $6,940,000 each year in new text end 103.25 new text begin the 2010-2011 biennium. new text end 103.26ARTICLE 4 103.27ENERGY APPROPRIATIONS 103.28 Section 1. new text begin SUMMARY OF APPROPRIATIONS. new text end 103.29     new text begin The amounts shown in this section summarize direct appropriations, by fund, made new text end 103.30 new text begin in this article. new text end 103.31 new text begin 2008 new text end new text begin 2009 new text end new text begin Total new text end 103.32 new text begin General new text end new text begin $ new text end new text begin 51,752,000 new text end new text begin $ new text end new text begin 33,542,000 new text end new text begin $ new text end new text begin 85,294,000 new text end 103.33 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 103.34 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 104.1 new text begin Special Revenue new text end new text begin 5,600,000 new text end new text begin 4,600,000 new text end new text begin 10,200,000 new text end 104.2 new text begin Total new text end new text begin $ new text end new text begin 59,271,000 new text end new text begin $ new text end new text begin 40,061,000 new text end new text begin $ new text end new text begin 99,332,000 new text end 104.3 Sec. 2. new text begin ENERGY FINANCE APPROPRIATIONS. new text end 104.4     new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 104.5 new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 104.6 new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 104.7 new text begin for each purpose. The figures "2008" and "2009" used in this article mean that the new text end 104.8 new text begin appropriations listed under them are available for the fiscal year ending June 30, 2008, or new text end 104.9 new text begin June 30, 2009, respectively. "The first year" is fiscal year 2008. "The second year" is fiscal new text end 104.10 new text begin year 2009. "The biennium" is fiscal years 2008 and 2009. Appropriations for the fiscal new text end 104.11 new text begin year ending June 30, 2007, are effective the day following final enactment. new text end 104.12 new text begin APPROPRIATIONS new text end 104.13 new text begin Available for the Year new text end 104.14 new text begin Ending June 30 new text end 104.15 new text begin 2008 new text end new text begin 2009 new text end 104.16 Sec. 3. new text begin DEPARTMENT OF COMMERCE. new text end 104.17 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 51,721,000 new text end new text begin $ new text end new text begin 33,695,000 new text end 104.18 new text begin Appropriations by Fund new text end 104.19 new text begin 2008 new text end new text begin 2009 new text end 104.20 new text begin General new text end new text begin 44,202,000 new text end new text begin 27,176,000 new text end 104.21 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 104.22 104.23 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 104.24 new text begin Special Revenue new text end new text begin 5,600,000 new text end new text begin 4,600,000 new text end 104.25 new text begin The amounts that may be spent for each new text end 104.26 new text begin purpose are specified in the following new text end 104.27 new text begin subdivisions. new text end 104.28 new text begin Subd. 2. new text end new text begin Financial Examinations new text end new text begin 6,432,000 new text end new text begin 6,519,000 new text end 104.29 104.30 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 104.31 new text begin This appropriation is from the petroleum new text end 104.32 new text begin tank release cleanup fund. new text end 104.33 new text begin Subd. 4. new text end new text begin Administrative Services new text end new text begin 4,477,000 new text end new text begin 4,540,000 new text end 104.34 new text begin Subd. 5. new text end new text begin Market Assurance new text end new text begin 6,902,000 new text end new text begin 6,999,000 new text end 105.1 new text begin Appropriations by Fund new text end 105.2 new text begin General new text end new text begin 6,067,000 new text end new text begin 6,164,000 new text end 105.3 105.4 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 105.5 new text begin Subd. 6. new text end new text begin Energy and Telecommunications new text end new text begin 32,726,000 new text end new text begin 14,453,000 new text end 105.6 new text begin Appropriations by Fund new text end 105.7 new text begin General new text end new text begin 27,226,000 new text end new text begin 9,953,000 new text end 105.8 new text begin Special Revenue new text end new text begin 5,500,000 new text end new text begin 4,500,000 new text end 105.9 new text begin $2,000,000 the first year and $2,000,000 the new text end 105.10 new text begin second year are for E85 cost-share grants. new text end 105.11 new text begin Notwithstanding Minnesota Statutes, section new text end 105.12 new text begin 16A.28, this appropriation is available new text end 105.13 new text begin until expended. The base appropriation for new text end 105.14 new text begin these grants is $2,000,000 each year in the new text end 105.15 new text begin 2010-2011 biennium. Funding for these new text end 105.16 new text begin grants ends June 30, 2011. Up to ten percent new text end 105.17 new text begin of the funds may be used for cost-share grants new text end 105.18 new text begin for pumps dispensing fuel that contains at new text end 105.19 new text begin least ten percent biodiesel fuel by volume. new text end 105.20 new text begin The utility subject to Minnesota Statutes, new text end 105.21 new text begin section 116C.779, shall transfer $2,500,000 new text end 105.22 new text begin in fiscal year 2008 and $2,500,000 in fiscal new text end 105.23 new text begin year 2009 to the Department of Commerce new text end 105.24 new text begin on a schedule to be determined by the new text end 105.25 new text begin commissioner of commerce. The funds must new text end 105.26 new text begin be deposited in the special revenue fund new text end 105.27 new text begin and are appropriated to the commissioner new text end 105.28 new text begin for grants to promote renewable energy new text end 105.29 new text begin projects and community energy outreach and new text end 105.30 new text begin assistance. Of the amounts identified: new text end 105.31 new text begin (1) $500,000 each year for capital grants for new text end 105.32 new text begin on-farm biogas recovery facilities; eligible new text end 105.33 new text begin projects will be selected in coordination new text end 105.34 new text begin with the Department of Agriculture and the new text end 105.35 new text begin Pollution Control Agency; new text end 106.1 new text begin (2) $500,000 each year to provide financial new text end 106.2 new text begin rebates to new solar electricity projects; new text end 106.3 new text begin (3) $500,000 each year for continued funding new text end 106.4 new text begin of community energy technical assistance new text end 106.5 new text begin and outreach on renewable energy and new text end 106.6 new text begin energy efficiency, as described in article 6, new text end 106.7 new text begin section 13; and new text end 106.8 new text begin (4) $1,000,000 each year for technical new text end 106.9 new text begin analysis and demonstration funding for new text end 106.10 new text begin automotive technology projects, with a new text end 106.11 new text begin special focus on plug-in hybrid electric new text end 106.12 new text begin vehicles. new text end 106.13 new text begin The utility subject to Minnesota Statutes, new text end 106.14 new text begin section 116C.779, shall transfer $3,000,000 new text end 106.15 new text begin in fiscal year 2008 and $2,000,000 in fiscal new text end 106.16 new text begin year 2009 to the Department of Commerce new text end 106.17 new text begin on a schedule to be determined by the new text end 106.18 new text begin commissioner of commerce. The funds must new text end 106.19 new text begin be deposited in the special revenue fund and new text end 106.20 new text begin are appropriated to the commissioner for new text end 106.21 new text begin grants to provide competitive, cost-share new text end 106.22 new text begin grants to fund renewable energy research in new text end 106.23 new text begin Minnesota. These grants must be awarded new text end 106.24 new text begin by a three-member panel made up of the new text end 106.25 new text begin commissioners of commerce, pollution new text end 106.26 new text begin control, and agriculture, or their designees. new text end 106.27 new text begin Grant applications must be ranked and grants new text end 106.28 new text begin issued according to how well the applications new text end 106.29 new text begin meet state energy policy research goals new text end 106.30 new text begin established by the commissioners, the quality new text end 106.31 new text begin and experience of the research teams, the new text end 106.32 new text begin cross-interdisciplinary and cross-institutional new text end 106.33 new text begin nature of the research teams, and the ability new text end 106.34 new text begin of the research team to leverage nonstate new text end 106.35 new text begin funds. new text end 107.1 new text begin $3,000,000 the second year is for a grant to new text end 107.2 new text begin the Board of Regents of the University of new text end 107.3 new text begin Minnesota for the Initiative for Renewable new text end 107.4 new text begin Energy and the Environment. The grant new text end 107.5 new text begin is for the purposes set forth in Minnesota new text end 107.6 new text begin Statutes, section 216B.241, subdivision 6. new text end 107.7 new text begin The appropriation is available until spent. new text end 107.8 new text begin The base budget for this grant to the Board new text end 107.9 new text begin of Regents of the University of Minnesota new text end 107.10 new text begin for the Initiative for Renewable Energy and new text end 107.11 new text begin the Environment is $5,000,000 each year in new text end 107.12 new text begin the 2010-2011 fiscal biennium. new text end 107.13 new text begin As a condition of this grant, beginning in new text end 107.14 new text begin the 2010-2011 biennium, the Initiative for new text end 107.15 new text begin Renewable Energy and the Environment new text end 107.16 new text begin must set aside at least 15 percent of the new text end 107.17 new text begin funds received annually under the grant for new text end 107.18 new text begin qualified projects conducted at a rural campus new text end 107.19 new text begin or experiment station. Any amount of the new text end 107.20 new text begin set aside funds that has not been awarded to new text end 107.21 new text begin a rural campus or experiment station at the new text end 107.22 new text begin end of the fiscal year must revert back to the new text end 107.23 new text begin initiative for its exclusive use. new text end 107.24 new text begin $10,000,000 the first year is for the renewable new text end 107.25 new text begin hydrogen initiative in Minnesota Statutes, new text end 107.26 new text begin section 216B.813, to fund the competitive new text end 107.27 new text begin grant program included in that section. The new text end 107.28 new text begin commissioner may use up to two percent of new text end 107.29 new text begin the competitive grant program appropriation new text end 107.30 new text begin for grant administration and to develop and new text end 107.31 new text begin implement the renewable hydrogen road new text end 107.32 new text begin map. This is a onetime appropriation and is new text end 107.33 new text begin available until expended. new text end 107.34 new text begin $3,100,000 the first year is for deposit in the new text end 107.35 new text begin rural wind energy development revolving new text end 108.1 new text begin loan fund under Minnesota Statutes, section new text end 108.2 new text begin 216C.39. This appropriation does not cancel. new text end 108.3 new text begin This is a onetime appropriation. new text end 108.4 new text begin $1,000,000 the first year and $1,000,000 the new text end 108.5 new text begin second year are for a grant to the Center for new text end 108.6 new text begin Rural Policy and Development for the rural new text end 108.7 new text begin wind energy development program in article new text end 108.8 new text begin 6, section 21. This is a onetime appropriation new text end 108.9 new text begin and is available until expended. new text end 108.10 new text begin $50,000 the first year is a onetime new text end 108.11 new text begin appropriation for a comprehensive technical, new text end 108.12 new text begin economic, and environmental analysis of the new text end 108.13 new text begin benefits to be derived from greater use in this new text end 108.14 new text begin state of geothermal heat pump systems for new text end 108.15 new text begin heating and cooling air and heating water. new text end 108.16 new text begin The analysis must: new text end 108.17 new text begin (1) estimate the extent of geothermal heat new text end 108.18 new text begin pump systems currently installed in this state new text end 108.19 new text begin in residential, commercial, and institutional new text end 108.20 new text begin buildings; new text end 108.21 new text begin (2) estimate energy and economic savings of new text end 108.22 new text begin geothermal heat pump systems in comparison new text end 108.23 new text begin with fossil fuel-based heating and cooling new text end 108.24 new text begin systems, including electricity use, on a new text end 108.25 new text begin capital cost and life-cycle cost basis, for both new text end 108.26 new text begin newly constructed and retrofitted residential, new text end 108.27 new text begin commercial, and institutional buildings; new text end 108.28 new text begin (3) compare the emission of pollutants and new text end 108.29 new text begin greenhouse gases from geothermal heat new text end 108.30 new text begin pump systems and fossil fuel-based heating new text end 108.31 new text begin and cooling systems; new text end 108.32 new text begin (4) identify financial assistance available new text end 108.33 new text begin from state and federal sources and Minnesota new text end 108.34 new text begin utilities to defray the costs of installing new text end 108.35 new text begin geothermal heat pump systems; new text end 109.1 new text begin (5) identify Minnesota firms currently new text end 109.2 new text begin manufacturing or installing the physical new text end 109.3 new text begin components of geothermal heat pump new text end 109.4 new text begin systems and estimate the economic new text end 109.5 new text begin development potential in this state if demand new text end 109.6 new text begin for such systems increases significantly; new text end 109.7 new text begin (6) identify the barriers to more widespread new text end 109.8 new text begin adoption of geothermal heat pump systems in new text end 109.9 new text begin this state and suggest strategies to overcome new text end 109.10 new text begin those barriers; and new text end 109.11 new text begin (7) make recommendations for legislative new text end 109.12 new text begin action. new text end 109.13 new text begin Not later than March 15, 2008, the new text end 109.14 new text begin commissioner shall submit the results of the new text end 109.15 new text begin analysis in a report to the chairs of the senate new text end 109.16 new text begin and house of representatives committees new text end 109.17 new text begin with primary jurisdiction over energy policy. new text end 109.18 new text begin $45,000 the first year is a onetime new text end 109.19 new text begin appropriation for a grant to Linden Hills new text end 109.20 new text begin Power and Light for preliminary engineering new text end 109.21 new text begin design work and other technical and legal new text end 109.22 new text begin services required for a community digester new text end 109.23 new text begin and neighborhood district heating and new text end 109.24 new text begin cooling system demonstration project in the new text end 109.25 new text begin Linden Hills neighborhood of Minneapolis. new text end 109.26 new text begin Funds may be expended upon a determination new text end 109.27 new text begin by the commissioner of commerce that the new text end 109.28 new text begin project is technically and economically new text end 109.29 new text begin feasible. A portion of the appropriation new text end 109.30 new text begin may be used to expand the scope of the new text end 109.31 new text begin project feasibility study to include portions new text end 109.32 new text begin of adjacent communities including St. Louis new text end 109.33 new text begin Park and Edina. new text end 109.34 new text begin $3,000,000 the first year is for the purpose new text end 109.35 new text begin of the propane prepurchase program under new text end 110.1 new text begin Minnesota Statutes, section 216B.0951. This new text end 110.2 new text begin is a onetime appropriation and is available new text end 110.3 new text begin for the biennium. new text end 110.4 new text begin $4,000,000 the first year is for a onetime new text end 110.5 new text begin grant to the St. Paul Port Authority for new text end 110.6 new text begin environmental review and permitting, new text end 110.7 new text begin preliminary engineering, and development of new text end 110.8 new text begin a steam-producing facility to be located in new text end 110.9 new text begin St. Paul using fuels consistent with eligible new text end 110.10 new text begin energy technologies as defined in Minnesota new text end 110.11 new text begin Statutes, section 216B.243, subdivision 3a. new text end 110.12 new text begin Grant funds for the project may only new text end 110.13 new text begin be expended when the commissioner of new text end 110.14 new text begin commerce has reviewed and approved a new text end 110.15 new text begin project plan that includes the following new text end 110.16 new text begin elements: new text end 110.17 new text begin (i) total project cost estimates; new text end 110.18 new text begin (ii) cost estimates for project design and new text end 110.19 new text begin engineering tasks; new text end 110.20 new text begin (iii) a preliminary plan for fuel source new text end 110.21 new text begin procurement from a renewable energy source new text end 110.22 new text begin as defined in Minnesota Statutes, section new text end 110.23 new text begin 216B.243, subdivision 3a; and new text end 110.24 new text begin (iv) a preliminary financing plan for the new text end 110.25 new text begin entire project. new text end 110.26 new text begin $150,000 the first year is appropriated to the new text end 110.27 new text begin commissioner of commerce for grants for new text end 110.28 new text begin demonstration projects of electric vehicles new text end 110.29 new text begin with advanced transmission technologies new text end 110.30 new text begin incorporating, if feasible, batteries, new text end 110.31 new text begin converters, and other components developed new text end 110.32 new text begin in Minnesota. Funds may be expended new text end 110.33 new text begin under the grants only if grantees enter into new text end 110.34 new text begin agreements specifying that commercial new text end 111.1 new text begin production of these vehicles and components new text end 111.2 new text begin will, to the extent possible, take place in new text end 111.3 new text begin Minnesota. new text end 111.4 111.5 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 111.6 new text begin $100,000 the first year and $100,000 new text end 111.7 new text begin the second year are appropriated to the new text end 111.8 new text begin commissioner of commerce for transfer new text end 111.9 new text begin to the commissioner of human services to new text end 111.10 new text begin supplement the ongoing operational expenses new text end 111.11 new text begin of the Minnesota Commission Serving new text end 111.12 new text begin Deaf and Hard-of-Hearing People. This new text end 111.13 new text begin appropriation is from the telecommunication new text end 111.14 new text begin access Minnesota fund, and is added to the new text end 111.15 new text begin commission's base. new text end 111.16 Sec. 4. new text begin PUBLIC UTILITIES COMMISSION new text end new text begin $ new text end new text begin 5,315,000 new text end new text begin $ new text end new text begin 5,366,000 new text end 111.17 111.18 Sec. 5. new text begin DEPARTMENT OF NATURAL new text end new text begin RESOURCES new text end new text begin $ new text end new text begin 535,000 new text end new text begin $ new text end new text begin 0 new text end 111.19 new text begin $475,000 the first year is a onetime new text end 111.20 new text begin appropriation for terrestrial and geologic new text end 111.21 new text begin carbon sequestration reports and studies in new text end 111.22 new text begin article 7. Of this amount, the commissioner new text end 111.23 new text begin shall make payments of $385,000 to the new text end 111.24 new text begin Board of Regents of the University of new text end 111.25 new text begin Minnesota for the purposes of terrestrial new text end 111.26 new text begin carbon sequestration activities, and $90,000 new text end 111.27 new text begin to the Minnesota Geological Survey for the new text end 111.28 new text begin purposes of geologic carbon sequestration new text end 111.29 new text begin assessment. new text end 111.30 new text begin $60,000 the first year is a onetime new text end 111.31 new text begin appropriation to the commissioner of natural new text end 111.32 new text begin resources to conduct a feasibility study new text end 111.33 new text begin in conjunction with U.S. Army Corps of new text end 111.34 new text begin Engineers on the foundation and hydraulics new text end 112.1 new text begin of the Rapidan Dam in Blue Earth County. new text end 112.2 new text begin This appropriation must be equally matched new text end 112.3 new text begin by Blue Earth County, and is available until new text end 112.4 new text begin expended. new text end 112.5 Sec. 6. new text begin POLLUTION CONTROL AGENCY new text end new text begin $ new text end new text begin 700,000 new text end new text begin $ new text end new text begin 0 new text end 112.6 new text begin $400,000 the first year is a onetime new text end 112.7 new text begin appropriation for a grant to the Koochiching new text end 112.8 new text begin Economic Development Authority for new text end 112.9 new text begin a feasibility study for a plasma torch new text end 112.10 new text begin gasification facility that converts municipal new text end 112.11 new text begin solid waste into energy and slag. new text end 112.12 new text begin $300,000 the first year is for the biomass new text end 112.13 new text begin gasification facilities air emissions study for new text end 112.14 new text begin the purpose of fully characterizing the air new text end 112.15 new text begin emissions exerted from biomass gasification new text end 112.16 new text begin facilities across a range of feedstocks. This new text end 112.17 new text begin is a onetime appropriation. new text end 112.18 Sec. 7. new text begin DEPARTMENT OF HEALTH new text end new text begin $ new text end new text begin 1,000,000 new text end new text begin $ new text end new text begin 1,000,000 new text end 112.19 new text begin $1,000,000 the first year and $1,000,000 new text end 112.20 new text begin the second year are appropriated to the new text end 112.21 new text begin commissioner of health for grants for lead new text end 112.22 new text begin environmental risk assessment conducted new text end 112.23 new text begin by local units of government, as required new text end 112.24 new text begin under Minnesota Statutes, section 144.9504, new text end 112.25 new text begin subdivision 2, and lead cleanup. Of new text end 112.26 new text begin these amounts, $500,000 the first year new text end 112.27 new text begin and $500,000 the second year must be new text end 112.28 new text begin awarded to the federally designated nonprofit new text end 112.29 new text begin organization operating the Clear Corps new text end 112.30 new text begin program. This is a onetime appropriation. new text end 113.1ARTICLE 5 113.2COMMERCE 113.3    Section 1. Minnesota Statutes 2006, section 13.712, is amended by adding a 113.4subdivision to read: 113.5     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 113.6 new text begin to the commissioner of commerce by vehicle protection product warrantors is classified new text end 113.7 new text begin under section 59C.05, subdivision 3. new text end 113.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 113.9    Sec. 2. Minnesota Statutes 2006, section 45.011, subdivision 1, is amended to read: 113.10    Subdivision 1. Scope. As used in chapters 45 to 83, 155A, 332, new text begin 332A, new text end 345, and 113.11359, and sections 325D.30 to 325D.42, 326.83 to 326.991, and 386.61 to 386.78, unless 113.12the context indicates otherwise, the terms defined in this section have the meanings given 113.13them. 113.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 113.15    Sec. 3. new text begin [45.24] LICENSE TECHNOLOGY FEES. new text end 113.16     new text begin (a) The commissioner may establish and maintain an electronic licensing database new text end 113.17 new text begin system for license origination, renewal, and tracking the completion of continuing new text end 113.18 new text begin education requirements by individual licensees who have continuing education new text end 113.19 new text begin requirements, and other related purposes. new text end 113.20     new text begin (b) The commissioner shall pay for the cost of operating and maintaining the new text end 113.21 new text begin electronic database system described in paragraph (a) through a technology surcharge new text end 113.22 new text begin imposed upon the fee for license origination and renewal, for individual licenses that new text end 113.23 new text begin require continuing education. new text end 113.24     new text begin (c) The surcharge permitted under paragraph (b) shall be up to $40 for each two-year new text end 113.25 new text begin licensing period, except as otherwise provided in paragraph (f), and shall be payable at the new text end 113.26 new text begin time of license origination and renewal. new text end 113.27     new text begin (d) The Commerce Department technology account is hereby created as an account new text end 113.28 new text begin in the special revenue fund. new text end 113.29     new text begin (e) The commissioner shall deposit the surcharge permitted under this section in new text end 113.30 new text begin the account created in paragraph (d), and funds in the account are appropriated to the new text end 113.31 new text begin commissioner in the amounts needed for purposes of this section. new text end 114.1     new text begin (f) The commissioner shall temporarily reduce or suspend the surcharge as necessary new text end 114.2 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 114.3 new text begin any calendar year and shall increase or decrease the surcharge as necessary to keep the new text end 114.4 new text begin fund balance at an adequate level but not in excess of $2,000,000. new text end 114.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 114.6    Sec. 4. Minnesota Statutes 2006, section 46.04, subdivision 1, is amended to read: 114.7    Subdivision 1. General. The commissioner of commerce, referred to in chapters 114.846 to 59A, and sections to new text begin chapter 332A new text end , as the commissioner, is vested 114.9with all the powers, authority, and privileges which, prior to the enactment of Laws 1909, 114.10chapter 201, were conferred by law upon the public examiner, and shall take over all 114.11duties in relation to state banks, savings banks, trust companies, savings associations, and 114.12other financial institutions within the state which, prior to the enactment of chapter 201, 114.13were imposed upon the public examiner. The commissioner of commerce shall exercise 114.14a constant supervision, either personally or through the examiners herein provided for, 114.15over the books and affairs of all state banks, savings banks, trust companies, savings 114.16associations, credit unions, industrial loan and thrift companies, and other financial 114.17institutions doing business within this state; and shall, through examiners, examine each 114.18financial institution at least once every 24 calendar months. In satisfying this examination 114.19requirement, the commissioner may accept reports of examination prepared by a federal 114.20agency having comparable supervisory powers and examination procedures. With the 114.21exception of industrial loan and thrift companies which do not have deposit liabilities 114.22and licensed regulated lenders, it shall be the principal purpose of these examinations to 114.23inspect and verify the assets and liabilities of each and so far investigate the character 114.24and value of the assets of each institution as to determine with reasonable certainty that 114.25the values are correctly carried on its books. Assets and liabilities shall be verified in 114.26accordance with methods of procedure which the commissioner may determine to be 114.27adequate to carry out the intentions of this section. It shall be the further purpose of 114.28these examinations to assess the adequacy of capital protection and the capacity of the 114.29institution to meet usual and reasonably anticipated deposit withdrawals and other cash 114.30commitments without resorting to excessive borrowing or sale of assets at a significant 114.31loss, and to investigate each institution's compliance with applicable laws and rules. Based 114.32on the examination findings, the commissioner shall make a determination as to whether 114.33the institution is being operated in a safe and sound manner. None of the above provisions 114.34limits the commissioner in making additional examinations as deemed necessary or 114.35advisable. The commissioner shall investigate the methods of operation and conduct of 115.1these institutions and their systems of accounting, to ascertain whether these methods and 115.2systems are in accordance with law and sound banking principles. The commissioner may 115.3make requirements as to records as deemed necessary to facilitate the carrying out of the 115.4commissioner's duties and to properly protect the public interest. The commissioner may 115.5examine, or cause to be examined by these examiners, on oath, any officer, director, 115.6trustee, owner, agent, clerk, customer, or depositor of any financial institution touching 115.7the affairs and business thereof, and may issue, or cause to be issued by the examiners, 115.8subpoenas, and administer, or cause to be administered by the examiners, oaths. In 115.9case of any refusal to obey any subpoena issued under the commissioner's direction, 115.10the refusal may at once be reported to the district court of the district in which the bank 115.11or other financial institution is located, and this court shall enforce obedience to these 115.12subpoenas in the manner provided by law for enforcing obedience to subpoenas of the 115.13court. In all matters relating to official duties, the commissioner of commerce has the 115.14power possessed by courts of law to issue subpoenas and cause them to be served and 115.15enforced, and all officers, directors, trustees, and employees of state banks, savings banks, 115.16trust companies, savings associations, and other financial institutions within the state, 115.17and all persons having dealings with or knowledge of the affairs or methods of these 115.18institutions, shall afford reasonable facilities for these examinations, make returns and 115.19reports to the commissioner of commerce as the commissioner may require; attend and 115.20answer, under oath, the commissioner's lawful inquiries; produce and exhibit any books, 115.21accounts, documents, and property as the commissioner may desire to inspect, and in all 115.22things aid the commissioner in the performance of duties. 115.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 115.24    Sec. 5. Minnesota Statutes 2006, section 46.05, is amended to read: 115.2546.05 SUPERVISION OVER FINANCIAL INSTITUTIONS. 115.26    Every state bank, savings bank, trust company, savings association, new text begin debt new text end 115.27 new text begin management services provider, new text end and other financial institutions shall be at all times under 115.28the supervision and subject to the control of the commissioner of commerce. If, and 115.29whenever in the performance of duties, the commissioner finds it necessary to make a 115.30special investigation of any financial institution under the commissioner's supervision, 115.31and other than a complete examination, the commissioner shall make a charge therefor to 115.32include only the necessary costs thereof. Such a fee shall be payable to the commissioner 115.33on the commissioner's making a request for payment. 115.34 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 116.1    Sec. 6. Minnesota Statutes 2006, section 46.131, subdivision 2, is amended to read: 116.2    Subd. 2. Assessment authority. Each bank, trust company, savings bank, savings 116.3association, regulated lender, industrial loan and thrift company, credit union, motor 116.4vehicle sales finance company, debt prorating agency new text begin management services provider new text end and 116.5insurance premium finance company organized under the laws of this state or required 116.6to be administered by the commissioner of commerce shall pay into the state treasury its 116.7proportionate share of the cost of maintaining the Department of Commerce. 116.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 116.9    Sec. 7. Minnesota Statutes 2006, section 47.19, is amended to read: 116.1047.19 CORPORATION MAY BE MEMBER OR STOCKHOLDER OF 116.11FEDERAL AGENCY. 116.12    Any corporation is hereby empowered and authorized to become a member of, 116.13or stockholder in, any such agency, and to that end to purchase stock in, or securities 116.14of, or deposit money with, such agency and/or to comply with any other conditions of 116.15membership or credit; to borrow money from such agency upon such rates of interest, not 116.16exceeding the contract rate of interest in this state, and upon such terms and conditions 116.17as may be agreed upon by such corporation and such agency, for the purpose of making 116.18loans, paying withdrawals, paying maturities, paying debts, and for any other purpose not 116.19inconsistent with the objects of the corporation; provided, that the aggregate amount of the 116.20indebtedness, so incurred by such corporation, which shall be outstanding at any time shall 116.21not exceed 25 new text begin 35 new text end percent of the then total assets of the corporation; to assign, pledge and 116.22hypothecate its bonds, mortgages or other assets; and, in case of savings associations, to 116.23repledge with such agency the shares of stock in such association which any owner thereof 116.24may have pledged as collateral security, without obtaining the consent thereunto of such 116.25owner, as security for the repayment of the indebtedness so created by such corporation 116.26and as evidenced by its note or other evidence of indebtedness given for such borrowed 116.27money; and to do any and all things which shall or may be necessary or convenient in 116.28order to comply with and to obtain the benefits of the provisions of any act of Congress 116.29creating such agency, or any amendments thereto. 116.30    Sec. 8. Minnesota Statutes 2006, section 47.59, subdivision 6, is amended to read: 116.31    Subd. 6. Additional charges. (a) For purposes of this subdivision, "financial 116.32institution" includes a person described in subdivision 4, paragraph (a). In addition to the 116.33finance charges permitted by this section, a financial institution may contract for and 117.1receive the following additional charges that may be included in the principal amount 117.2of the loan or credit sale unpaid balances: 117.3    (1) official fees and taxes; 117.4    (2) charges for insurance as described in paragraph (b); 117.5    (3) with respect to a loan or credit sale contract secured by real estate, the following 117.6"closing costs," if they are bona fide, reasonable in amount, and not for the purpose of 117.7circumvention or evasion of this section: 117.8    (i) fees or premiums for title examination, abstract of title, title insurance, surveys, 117.9or similar purposes; 117.10    (ii) fees for preparation of a deed, mortgage, settlement statement, or other 117.11documents, if not paid to the financial institution; 117.12    (iii) escrows for future payments of taxes, including assessments for improvements, 117.13insurance, and water, sewer, and land rents; 117.14    (iv) fees for notarizing deeds and other documents; 117.15    (v) appraisal and credit report fees; and 117.16    (vi) fees for determining whether any portion of the property is located in a flood 117.17zone and fees for ongoing monitoring of the property to determine changes, if any, 117.18in flood zone status; 117.19    (4) a delinquency charge on a payment, including the minimum payment due in 117.20connection with open-end credit, not paid in full on or before the tenth day after its due 117.21date in an amount not to exceed five percent of the amount of the payment or $5.20, 117.22whichever is greater; 117.23    (5) for a returned check or returned automatic payment withdrawal request, an 117.24amount not in excess of the service charge limitation in section 604.113 new text begin , except that, on new text end 117.25 new text begin a loan transaction that is a consumer small loan as defined in section 47.60, subdivision new text end 117.26 new text begin 1, paragraph (a), in which cash is advanced in exchange for a personal check, the civil new text end 117.27 new text begin penalty provisions of section 604.113, subdivision 2, paragraph (b), may not be demanded new text end 117.28 new text begin or assessed against the borrower new text end ; and 117.29    (6) charges for other benefits, including insurance, conferred on the borrower that 117.30are of a type that is not for credit. 117.31    (b) An additional charge may be made for insurance written in connection with the 117.32loan or credit sale contract, which may be included in the principal amount of the loan or 117.33credit sale unpaid balances: 117.34    (1) with respect to insurance against loss of or damage to property, or against 117.35liability arising out of the ownership or use of property, if the financial institution furnishes 117.36a clear, conspicuous, and specific statement in writing to the borrower setting forth the 118.1cost of the insurance if obtained from or through the financial institution and stating that 118.2the borrower may choose the person through whom the insurance is to be obtained; 118.3    (2) with respect to credit insurance or mortgage insurance providing life, accident, 118.4health, or unemployment coverage, if the insurance coverage is not required by the 118.5financial institution, and this fact is clearly and conspicuously disclosed in writing to 118.6the borrower, and the borrower gives specific, dated, and separately signed affirmative 118.7written indication of the borrower's desire to do so after written disclosure to the borrower 118.8of the cost of the insurance; and 118.9    (3) with respect to the vendor's single interest insurance, but only (i) to the extent 118.10that the insurer has no right of subrogation against the borrower; and (ii) to the extent that 118.11the insurance does not duplicate the coverage of other insurance under which loss is 118.12payable to the financial institution as its interest may appear, against loss of or damage 118.13to property for which a separate charge is made to the borrower according to clause (1); 118.14and (iii) if a clear, conspicuous, and specific statement in writing is furnished by the 118.15financial institution to the borrower setting forth the cost of the insurance if obtained from 118.16or through the financial institution and stating that the borrower may choose the person 118.17through whom the insurance is to be obtained. 118.18    (c) In addition to the finance charges and other additional charges permitted by 118.19this section, a financial institution may contract for and receive the following additional 118.20charges in connection with open-end credit, which may be included in the principal 118.21amount of the loan or balance upon which the finance charge is computed: 118.22    (1) annual charges, not to exceed $50 per annum, payable in advance, for the 118.23privilege of opening and maintaining open-end credit; 118.24    (2) charges for the use of an automated teller machine; 118.25    (3) charges for any monthly or other periodic payment period in which the borrower 118.26has exceeded or, except for the financial institution's dishonor would have exceeded, 118.27the maximum approved credit limit, in an amount not in excess of the service charge 118.28permitted in section 604.113; 118.29    (4) charges for obtaining a cash advance in an amount not to exceed the service 118.30charge permitted in section 604.113; and 118.31    (5) charges for check and draft copies and for the replacement of lost or stolen 118.32credit cards. 118.33    (d) In addition to the finance charges and other additional charges permitted by this 118.34section, a financial institution may contract for and receive a onetime loan administrative 118.35fee not exceeding $25 in connection with closed-end credit, which may be included in the 118.36principal balance upon which the finance charge is computed. This paragraph applies only 119.1to closed-end credit in an original principal amount of $4,320 or less. The determination 119.2of an original principal amount must exclude the administrative fee contracted for and 119.3received according to this paragraph. 119.4    Sec. 9. Minnesota Statutes 2006, section 47.60, subdivision 2, is amended to read: 119.5    Subd. 2. Authorization, terms, conditions, and prohibitions. (a) In lieu of the 119.6interest, finance charges, or fees in any other law, a consumer small loan lender may 119.7charge the following: 119.8    (1) on any amount up to and including $50, a charge of $5.50 may be added; 119.9    (2) on amounts in excess of $50, but not more than $100, a charge may be added 119.10equal to ten percent of the loan proceeds plus a $5 administrative fee; 119.11    (3) on amounts in excess of $100, but not more than $250, a charge may be 119.12added equal to seven percent of the loan proceeds with a minimum of $10 plus a $5 119.13administrative fee; 119.14    (4) for amounts in excess of $250 and not greater than the maximum in subdivision 119.151, paragraph (a), a charge may be added equal to six percent of the loan proceeds with a 119.16minimum of $17.50 plus a $5 administrative fee. 119.17    (b) The term of a loan made under this section shall be for no more than 30 calendar 119.18days. 119.19    (c) After maturity, the contract rate must not exceed 2.75 percent per month of the 119.20remaining loan proceeds after the maturity date calculated at a rate of 1/30 of the monthly 119.21rate in the contract for each calendar day the balance is outstanding. 119.22    (d) No insurance charges or other charges must be permitted to be charged, collected, 119.23or imposed on a consumer small loan except as authorized in this section. 119.24    (e) On a loan transaction in which cash is advanced in exchange for a personal 119.25check, a return check charge may be charged as authorized by section 604.113, subdivision 119.262 , paragraph (a). new text begin The civil penalty provisions of section 604.113, subdivision 2, paragraph new text end 119.27 new text begin (b), may not be demanded or assessed against the borrower. new text end 119.28    (f) A loan made under this section must not be repaid by the proceeds of another 119.29loan made under this section by the same lender or related interest. The proceeds from a 119.30loan made under this section must not be applied to another loan from the same lender or 119.31related interest. No loan to a single borrower made pursuant to this section shall be split or 119.32divided and no single borrower shall have outstanding more than one loan with the result 119.33of collecting a higher charge than permitted by this section or in an aggregate amount of 119.34principal exceed at any one time the maximum of $350. 120.1    Sec. 10. Minnesota Statutes 2006, section 47.62, subdivision 1, is amended to read: 120.2    Subdivision 1. General authority. Any person may establish and maintain one 120.3or more electronic financial terminals. Any financial institution may provide for its 120.4customers the use of an electronic financial terminal by entering into an agreement with 120.5any person who has established and maintains one or more electronic financial terminals if 120.6that person authorizes use of the electronic financial terminal to all financial institutions 120.7on a nondiscriminatory basis pursuant to section 47.64. Electronic financial terminals to 120.8be established and maintained in this state by financial institutions located in states other 120.9than Minnesota must file a notification to the commissioner as required in this section. 120.10The notification may be in the form lawfully required by the state regulator responsible 120.11for the examination and supervision of that financial institution. If there is no such 120.12requirement, then notification must be in the form required by this section for Minnesota 120.13financial institutions. 120.14    Sec. 11. Minnesota Statutes 2006, section 47.75, subdivision 1, is amended to read: 120.15    Subdivision 1. Retirement, health savings, and medical savings accounts. (a) A 120.16commercial bank, savings bank, savings association, credit union, or industrial loan and 120.17thrift company may act as trustee or custodian: 120.18    (1) under the Federal Self-Employed Individual Tax Retirement Act of 1962, as 120.19amended; 120.20    (2) of a medical savings account under the Federal Health Insurance Portability and 120.21Accountability Act of 1996, as amended; 120.22    (3) of a health savings account under the Medicare Prescription Drug, Improvement, 120.23and Modernization Act of 2003, as amended; and 120.24    (4) under the Federal Employee Retirement Income Security Act of 1974, as 120.25amended. 120.26    (b) The trustee or custodian may accept the trust funds if the funds are invested 120.27only in savings accounts or time deposits in the commercial bank, savings bank, savings 120.28association, credit union, or industrial loan and thrift company new text begin , except that health savings new text end 120.29 new text begin accounts may also be invested in transaction accounts. Health savings accounts invested in new text end 120.30 new text begin transaction accounts shall not be subject to the restrictions in section 48.512, subdivision new text end 120.31 new text begin 3 new text end . All funds held in the fiduciary capacity may be commingled by the financial institution 120.32in the conduct of its business, but individual records shall be maintained by the fiduciary 120.33for each participant and shall show in detail all transactions engaged under authority 120.34of this subdivision. 120.35 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 121.1    Sec. 12. Minnesota Statutes 2006, section 48.15, subdivision 4, is amended to read: 121.2    Subd. 4. Retirement, health savings, and medical savings accounts. (a) A state 121.3bank may act as trustee or custodian: 121.4    (1) of a self-employed retirement plan under the Federal Self-Employed Individual 121.5Tax Retirement Act of 1962, as amended; 121.6    (2) of a medical savings account under the Federal Health Insurance Portability and 121.7Accountability Act of 1996, as amended; 121.8    (3) of a health savings account under the Medicare Prescription Drug, Improvement, 121.9and Modernization Act of 2003, as amended; and 121.10    (4) of an individual retirement account under the Federal Employee Retirement 121.11Income Security Act of 1974, as amended, if the bank's duties as trustee or custodian are 121.12essentially ministerial or custodial in nature and the funds are invested only (i) in the 121.13bank's own savings or time deposits new text begin , except that health savings accounts may also be new text end 121.14 new text begin invested in transaction accounts. Health savings accounts invested in transaction accounts new text end 121.15 new text begin shall not be subject to the restrictions in section 48.512, subdivision 3 new text end ; or (ii) in any 121.16other assets at the direction of the customer if the bank does not exercise any investment 121.17discretion, invest the funds in collective investment funds administered by it, or provide 121.18any investment advice with respect to those account assets. 121.19    (b) Affiliated discount brokers may be utilized by the bank acting as trustee or 121.20custodian for self-directed IRAs, if specifically authorized and directed in appropriate 121.21documents. The relationship between the affiliated broker and the bank must be fully 121.22disclosed. Brokerage commissions to be charged to the IRA by the affiliated broker should 121.23be accurately disclosed. Provisions should be made for disclosure of any changes in 121.24commission rates prior to their becoming effective. The affiliated broker may not provide 121.25investment advice to the customer. 121.26    (c) All funds held in the fiduciary capacity may be commingled by the financial 121.27institution in the conduct of its business, but individual records shall be maintained by 121.28the fiduciary for each participant and shall show in detail all transactions engaged under 121.29authority of this subdivision. 121.30    (d) The authority granted by this section is in addition to, and not limited by, section 121.3147.75 . 121.32 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 121.33    Sec. 13. Minnesota Statutes 2006, section 58.04, subdivision 1, is amended to read: 121.34    Subdivision 1. Residential mortgage originator licensing requirements. (a) 121.35Beginning August 1, 1999, No person shall act as a residential mortgage originator, or 122.1make residential mortgage loans without first obtaining a license from the commissioner 122.2according to the licensing procedures provided in this chapter. 122.3    (b) new text begin A licensee must be either a partnership, limited liability partnership, association, new text end 122.4 new text begin limited liability company, corporation, or other form of business organization, and must new text end 122.5 new text begin have and maintain at all times one of the following: approval as a mortgagee by either the new text end 122.6 new text begin federal Department of Housing and Urban Development or the Federal National Mortgage new text end 122.7 new text begin Association; a minimum net worth, net of intangibles, of at least $250,000; or a surety bond new text end 122.8 new text begin or irrevocable letter of credit in the amount of $100,000. Net worth, net of intangibles, new text end 122.9 new text begin must be calculated in accordance with generally accepted accounting principles. new text end 122.10     new text begin (c) new text end The following persons are exempt from the residential mortgage originator 122.11licensing requirements: 122.12    (1) an employee of one mortgage originator licensee or one person holding a 122.13certificate of exemption; 122.14    (2) a person licensed as a real estate broker under chapter 82 who is not licensed to 122.15another real estate broker; 122.16    (3) an individual real estate licensee who is licensed to a real estate broker as 122.17described in clause (2) if: 122.18    (i) the individual licensee acts only under the name, authority, and supervision of the 122.19broker to whom the licensee is licensed; 122.20    (ii) the broker to whom the licensee is licensed obtains a certificate of exemption 122.21according to section 58.05, subdivision 2; 122.22    (iii) the broker does not collect an advance fee for its residential mortgage-related 122.23activities; and 122.24    (iv) the residential mortgage origination activities are incidental to the real estate 122.25licensee's primary activities as a real estate broker or salesperson; 122.26    (4) an individual licensed as a property/casualty or life/health insurance agent under 122.27chapter 60K if: 122.28    (i) the insurance agent acts on behalf of only one residential mortgage originator, 122.29which is in compliance with chapter 58; 122.30    (ii) the insurance agent has entered into a written contract with the mortgage 122.31originator under the terms of which the mortgage originator agrees to accept responsibility 122.32for the insurance agent's residential mortgage-related activities; 122.33    (iii) the insurance agent obtains a certificate of exemption under section 58.05, 122.34subdivision 2 ; and 122.35    (iv) the insurance agent does not collect an advance fee for the insurance agent's 122.36residential mortgage-related activities; 123.1    (5) new text begin (1) new text end a person who is not in the business of making residential mortgage loans and 123.2who makes no more than three such loans, with its own funds, during any 12-month period; 123.3    (6) new text begin (2) new text end a financial institution as defined in section 58.02, subdivision 10; 123.4    (7) new text begin (3) new text end an agency of the federal government, or of a state or municipal government; 123.5    (8) new text begin (4) new text end an employee or employer pension plan making loans only to its participants; 123.6    (9) new text begin (5) new text end a person acting in a fiduciary capacity, such as a trustee or receiver, as a result 123.7of a specific order issued by a court of competent jurisdiction; or 123.8    (10) new text begin (6) new text end a person exempted by order of the commissioner. 123.9    Sec. 14. Minnesota Statutes 2006, section 58.04, subdivision 2, is amended to read: 123.10    Subd. 2. Residential mortgage servicer licensing requirements. (a) Beginning 123.11August 1, 1999, No person shall engage in activities or practices that fall within the 123.12definition of "servicing a residential mortgage loan" under section 58.02, subdivision 123.1322 , without first obtaining a license from the commissioner according to the licensing 123.14procedures provided in this chapter. 123.15    (b) The following persons are exempt from the residential mortgage servicer 123.16licensing requirements: 123.17    (1) a person licensed as a residential mortgage originator; 123.18    (2) an employee of one licensee or one person holding a certificate of exemption 123.19based on an exemption under this subdivision; 123.20    (3) new text begin (2) new text end a person servicing loans made with its new text begin the person's new text end own funds, if no more 123.21than three such loans are made in any 12-month period; 123.22    (4) new text begin (3) new text end a financial institution as defined in section 58.02, subdivision 10; 123.23    (5) new text begin (4) new text end an agency of the federal government, or of a state or municipal government; 123.24    (6) new text begin (5) new text end an employee or employer pension plan making loans only to its participants; 123.25    (7) new text begin (6) new text end a person acting in a fiduciary capacity, such as a trustee or receiver, as a result 123.26of a specific order issued by a court of competent jurisdiction; or 123.27    (8) new text begin (7) new text end a person exempted by order of the commissioner. 123.28    Sec. 15. Minnesota Statutes 2006, section 58.05, is amended to read: 123.2958.05 EXEMPTIONS FROM LICENSE. 123.30    Subdivision 1. Exempt person. An exempt person as defined by section 58.04, 123.31subdivision 1 , paragraph (b) new text begin (c) new text end , and subdivision 2, paragraph (b), is exempt from the 123.32licensing requirements of this chapter, but is subject to all other provisions of this chapter. 123.33    Subd. 3. Certificate of exemption. A person must obtain a certificate of exemption 123.34from the commissioner to qualify as an exempt person under section 58.04, subdivision 124.11 , paragraph (b) new text begin (c) new text end , as a real estate broker under clause (2), an insurance agent under 124.2clause (4), a financial institution under clause (6) new text begin (2) new text end , or by order of the commissioner 124.3under clause (10) new text begin (6) new text end ; or under section 58.04, subdivision 2, paragraph (b), as a financial 124.4institution 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 . 124.5    Sec. 16. Minnesota Statutes 2006, section 58.06, subdivision 2, is amended to read: 124.6    Subd. 2. Application contents. new text begin (a) new text end The application must contain the name and 124.7complete business address or addresses of the license applicant. If The license applicant is new text begin new text end 124.8 new text begin must be new text end a partnership, limited liability partnership, association, limited liability company, 124.9corporation, or other form of business organization, new text begin and new text end the application must contain the 124.10names and complete business addresses of each partner, member, director, and principal 124.11officer. The application must also include a description of the activities of the license 124.12applicant, in the detail and for the periods the commissioner may require. 124.13     new text begin (b) An applicant must submit one of the following: new text end 124.14     new text begin (1) evidence which shows, to the commissioner's satisfaction, that either the federal new text end 124.15 new text begin Department of Housing and Urban Development or the Federal National Mortgage new text end 124.16 new text begin Association has approved the applicant as a mortgagee; new text end 124.17     new text begin (2) a surety bond or irrevocable letter of credit in the amount of not less than new text end 124.18 new text begin $100,000 in a form approved by the commissioner, issued by an insurance company new text end 124.19 new text begin or bank authorized to do so in this state. The bond or irrevocable letter of credit must new text end 124.20 new text begin be available for the recovery of expenses, fines, and fees levied by the commissioner new text end 124.21 new text begin under this chapter and for losses incurred by borrowers. The bond or letter of credit must new text end 124.22 new text begin be submitted with the license application, and evidence of continued coverage must be new text end 124.23 new text begin submitted with each renewal. Any change in the bond or letter of credit must be submitted new text end 124.24 new text begin for approval by the commissioner within ten days of its execution; or new text end 124.25     new text begin (3) a copy of the applicant's most recent audited financial statement, including new text end 124.26 new text begin balance sheet, statement of income or loss, statements of changes in shareholder equity, new text end 124.27 new text begin and statement of changes in financial position. Financial statements must be as of a date new text end 124.28 new text begin within 12 months of the date of application. new text end 124.29     new text begin (c) new text end The application must also include all of the following: 124.30    (a) new text begin (1) new text end an affirmation under oath that the applicant: 124.31    (1) will maintain competent staff and adequate staffing levels, through direct 124.32employees or otherwise, to meet the requirements of this chapter; new text begin (i) is in compliance new text end 124.33 new text begin with the requirements of section 58.125; new text end 124.34     new text begin (ii) will maintain a perpetual roster of individuals employed as residential mortgage new text end 124.35 new text begin originators, including employees and independent contractors, which includes the date that new text end 125.1 new text begin mandatory initial education was completed. In addition, the roster must be made available new text end 125.2 new text begin to the commissioner on demand, within three business days of the commissioner's request; new text end 125.3    (2) new text begin (iii) new text end will advise the commissioner of any material changes to the information 125.4submitted in the most recent application within ten days of the change; 125.5    (3) new text begin (iv) new text end will advise the commissioner in writing immediately of any bankruptcy 125.6petitions filed against or by the applicant or licensee; 125.7    (4) is financially solvent; new text begin (v) will maintain at all times either a net worth, net of new text end 125.8 new text begin intangibles, of at least $250,000 or a surety bond or irrevocable letter of credit in the new text end 125.9 new text begin amount of at least $100,000; new text end 125.10    (5) new text begin (vi) new text end complies with federal and state tax laws; new text begin and new text end 125.11    (6) new text begin (vii) new text end complies with sections 345.31 to 345.60, the Minnesota unclaimed property 125.12law; and 125.13    (7) is, or that a person in control of the license applicant is, at least 18 years of age; 125.14    (b) new text begin (2) new text end information as to the mortgage lending, servicing, or brokering experience 125.15of the applicant and persons in control of the applicant; 125.16    (c) new text begin (3) new text end information as to criminal convictions, excluding traffic violations, of persons 125.17in control of the license applicant; 125.18    (d) new text begin (4) new text end whether a court of competent jurisdiction has found that the applicant or 125.19persons in control of the applicant have engaged in conduct evidencing gross negligence, 125.20fraud, misrepresentation, or deceit in performing an act for which a license is required 125.21under this chapter; 125.22    (e) new text begin (5) new text end whether the applicant or persons in control of the applicant have been the 125.23subject of: an order of suspension or revocation, cease and desist order, or injunctive 125.24order, or order barring involvement in an industry or profession issued by this or another 125.25state or federal regulatory agency or by the Secretary of Housing and Urban Development 125.26within the ten-year period immediately preceding submission of the application; and 125.27    (f) new text begin (6) new text end other information required by the commissioner. 125.28    Sec. 17. Minnesota Statutes 2006, section 58.06, is amended by adding a subdivision 125.29to read: 125.30     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 125.31 new text begin requirement of this section with respect to any license application or to permit a license new text end 125.32 new text begin applicant to submit substituted information in its license application in lieu of the new text end 125.33 new text begin information required by this section. new text end 125.34    Sec. 18. Minnesota Statutes 2006, section 58.08, subdivision 3, is amended to read: 126.1    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 126.2mortgage originators or mortgage servicers who are approved as seller/servicers by the 126.3Federal National Mortgage Association or the Federal Home Loan Mortgage Corporation. 126.4    Sec. 19. Minnesota Statutes 2006, section 58.10, subdivision 1, is amended to read: 126.5    Subdivision 1. Amounts. The following fees must be paid to the commissioner: 126.6    (1) for an initial residential mortgage originator license, $850 new text begin $2,550 new text end , $50 of which 126.7is credited to the consumer education account in the special revenue fund; 126.8    (2) for a renewal license, $450 new text begin $1,350 new text end , $50 of which is credited to the consumer 126.9education account in the special revenue fund; 126.10    (3) for an initial residential mortgage servicer's license, $1,000; 126.11    (4) for a renewal license, $500; and 126.12    (5) for a certificate of exemption, $100. 126.13    Sec. 20. new text begin [58.115] EXAMINATIONS. new text end 126.14     new text begin The commissioner has under this chapter the same powers with respect to new text end 126.15 new text begin examinations that the commissioner has under section 46.04, including the authority to new text end 126.16 new text begin charge for the direct costs of the examination, including travel and per diem expenses. new text end 126.17    Sec. 21. new text begin [58.126] EDUCATION REQUIREMENT. new text end 126.18     new text begin No individual shall engage in residential mortgage origination or make residential new text end 126.19 new text begin mortgage loans, whether as an employee or independent contractor, before the completion new text end 126.20 new text begin of 15 hours of educational training which has been approved by the commissioner, and new text end 126.21 new text begin covering state and federal laws concerning residential mortgage lending. new text end 126.22    Sec. 22. new text begin [59C.01] SHORT TITLE. new text end 126.23     new text begin This chapter may be cited as the Vehicle Protection Product Act. new text end 126.24 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 126.25    Sec. 23. new text begin [59C.02] DEFINITIONS. new text end 126.26     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 126.27 new text begin 2 to 11 have the meanings given them. new text end 126.28     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 126.29 new text begin warrantor who is designated by the warrantor to be responsible for the administration new text end 126.30 new text begin of vehicle protection product warranties. new text end 126.31     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 127.1     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 127.2     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 127.3 new text begin warranty incurred by the warranty holder related to the failure of the vehicle protection new text end 127.4 new text begin product to perform as provided in the warranty. Incidental costs may include, without new text end 127.5 new text begin limitation, insurance policy deductibles, rental vehicle charges, the difference between the new text end 127.6 new text begin actual value of the stolen vehicle at the time of theft and the cost of a replacement vehicle, new text end 127.7 new text begin sales taxes, registration fees, transaction fees, and mechanical inspection fees. new text end 127.8     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 127.9 new text begin regulated under chapter 59B. new text end 127.10     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 127.11 new text begin protection device, system, or service that: new text end 127.12     new text begin (1) is installed on or applied to a vehicle; new text end 127.13     new text begin (2) is designed to prevent loss or damage to a vehicle from a specific cause; and new text end 127.14     new text begin (3) includes a written warranty. new text end 127.15     new text begin For purposes of this section, vehicle protection product includes, without limitation, new text end 127.16 new text begin alarm systems; body part marking products; steering locks; window etch products; pedal new text end 127.17 new text begin and ignition locks; fuel and ignition kill switches; and electronic, radio, and satellite new text end 127.18 new text begin tracking devices. new text end 127.19     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 127.20 new text begin product warranty" or "warranty" means, for the purposes of this chapter, a written new text end 127.21 new text begin agreement by a warrantor that provides if the vehicle protection product fails to prevent new text end 127.22 new text begin loss or damage to a vehicle from a specific cause, that the warranty holder must be new text end 127.23 new text begin paid specified incidental costs by the warrantor as a result of the failure of the vehicle new text end 127.24 new text begin protection product to perform pursuant to the terms of the warranty. new text end 127.25     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 127.26 new text begin product warrantor" or "warrantor," for the purposes of this chapter, means a person who is new text end 127.27 new text begin contractually obligated to the warranty holder under the terms of the vehicle protection new text end 127.28 new text begin product warranty agreement. Warrantor does not include an authorized insurer providing a new text end 127.29 new text begin warranty reimbursement insurance policy. new text end 127.30     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 127.31 new text begin means the person who purchases a vehicle protection product or who is a permitted new text end 127.32 new text begin transferee. new text end 127.33     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 127.34 new text begin insurance policy" means a policy of insurance that is issued to the vehicle protection new text end 127.35 new text begin product warrantor to provide reimbursement to, or to pay on behalf of, the warrantor all new text end 128.1 new text begin covered contractual obligations incurred by the warrantor under the terms and conditions new text end 128.2 new text begin of the insured vehicle protection product warranties sold by the warrantor. new text end 128.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 128.4    Sec. 24. new text begin [59C.03] SCOPE AND EXEMPTIONS. new text end 128.5     new text begin (a) No vehicle protection product may be sold or offered for sale in this state unless new text end 128.6 new text begin the seller, warrantor, and administrator, if any, comply with the provisions of this chapter. new text end 128.7     new text begin (b) Vehicle protection product warrantors and related vehicle protection product new text end 128.8 new text begin sellers and warranty administrators complying with this chapter are not required to comply new text end 128.9 new text begin with and are not subject to any other provision of chapters 59B to 72A, except that section new text end 128.10 new text begin 72A.20, subdivision 38, shall apply to vehicle protection product warranties in the same new text end 128.11 new text begin manner it applies to service contracts. new text end 128.12     new text begin (c) Service contract providers who do not sell vehicle protection products are not new text end 128.13 new text begin subject to the requirements of this chapter and sales of vehicle protection products are new text end 128.14 new text begin exempt from the requirements of chapter 59B. new text end 128.15     new text begin (d) Warranties, indemnity agreements, and guarantees that are not provided as a part new text end 128.16 new text begin of a vehicle protection product are not subject to the provisions of this chapter. new text end 128.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 128.18    Sec. 25. new text begin [59C.04] REGISTRATION AND FILING REQUIREMENTS OF new text end 128.19 new text begin WARRANTORS. new text end 128.20     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 128.21 new text begin represent to the public that the person is a warrantor unless the person is registered with new text end 128.22 new text begin the department on a form prescribed by the commissioner. new text end 128.23     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 128.24 new text begin record annually and shall update it within 30 days of any change. A registration record new text end 128.25 new text begin must contain the following information: new text end 128.26     new text begin (1) the warrantor's name, any fictitious names under which the warrantor does new text end 128.27 new text begin business in the state, principal office address, and telephone number; new text end 128.28     new text begin (2) the name and address of the warrantor's agent for service of process in the state if new text end 128.29 new text begin other than the warrantor; new text end 128.30     new text begin (3) the names of the warrantor's executive officer or officers directly responsible for new text end 128.31 new text begin the warrantor's vehicle protection product business; new text end 129.1     new text begin (4) the name, address, and telephone number of any administrators designated by new text end 129.2 new text begin the warrantor to be responsible for the administration of vehicle protection product new text end 129.3 new text begin warranties in this state; new text end 129.4     new text begin (5) a copy of the warranty reimbursement insurance policy or policies or other new text end 129.5 new text begin financial information required by section 59C.05; new text end 129.6     new text begin (6) a copy of each warranty the warrantor proposes to use in this state; and new text end 129.7     new text begin (7) a statement indicating under which provision of section 59C.05 the warrantor new text end 129.8 new text begin qualifies to do business in this state as a warrantor. new text end 129.9     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 129.10 new text begin reasonable fee to offset the cost of processing the registration and maintaining the records new text end 129.11 new text begin in an amount not to exceed $250 annually. The information in subdivision 2, clauses (1) new text end 129.12 new text begin and (2), must be made available to the public. new text end 129.13     new text begin Subd. 4. new text end new text begin Renewal. new text end new text begin If a registrant fails to register by the renewal deadline, the new text end 129.14 new text begin commissioner shall give them written notice of the failure and the registrant will have 30 new text end 129.15 new text begin days to complete the renewal of the registration before the commissioner suspends the new text end 129.16 new text begin registration. new text end 129.17     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 129.18 new text begin vehicle protection product but who is not a warrantor shall not be required to register as a new text end 129.19 new text begin warrantor or be licensed under the insurance laws of this state to sell vehicle protection new text end 129.20 new text begin products. new text end 129.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 129.22    Sec. 26. new text begin [59C.05] FINANCIAL RESPONSIBILITY. new text end 129.23     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 129.24 new text begin or offered for sale in this state unless the warrantor meets either the requirements of new text end 129.25 new text begin subdivision 2 or 3 in order to ensure adequate performance under the warranty. No other new text end 129.26 new text begin financial security requirements or financial standards for warrantors is required. new text end 129.27     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 129.28 new text begin product warrantor shall be insured under a warranty reimbursement insurance policy new text end 129.29 new text begin issued by an insurer authorized to do business in this state which provides that: new text end 129.30     new text begin (1) the insurer will pay to, or on behalf of the warrantor, 100 percent of all sums new text end 129.31 new text begin that the warrantor is legally obligated to pay according to the warrantor's contractual new text end 129.32 new text begin obligations under the warrantor's vehicle protection product warranty; new text end 129.33     new text begin (2) a true and correct copy of the warranty reimbursement insurance policy has been new text end 129.34 new text begin filed with the commissioner by the warrantor; and new text end 129.35     new text begin (3) the policy contains the provision required in section 59C.06. new text end 130.1     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 130.2 new text begin warrantor, or its parent company in accordance with clause (2), shall maintain a net worth new text end 130.3 new text begin or stockholders' equity of $50,000,000; and new text end 130.4     new text begin (2) the warrantor shall provide the commissioner with a copy of the warrantor's or new text end 130.5 new text begin the warrantor's parent company's most recent Form 10-K or Form 20-F filed with the new text end 130.6 new text begin Securities and Exchange Commission within the last calendar year or, if the warrantor new text end 130.7 new text begin does not file with the Securities and Exchange Commission, a copy of the warrantor or new text end 130.8 new text begin the warrantor's parent company's audited financial statements that shows a net worth of new text end 130.9 new text begin the warrantor or its parent company of at least $50,000,000. If the warrantor's parent new text end 130.10 new text begin company's Form 10-K, Form 20-F, or audited financial statements are filed to meet new text end 130.11 new text begin the warrantor's financial stability requirement, then the parent company shall agree to new text end 130.12 new text begin guarantee the obligations of the warrantor relating to warranties issued by the warrantor in new text end 130.13 new text begin this state. The financial information provided to the commissioner under this paragraph new text end 130.14 new text begin is trade secret information for purposes of section 13.37. new text end 130.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 130.16    Sec. 27. new text begin [59C.06] WARRANTY REIMBURSEMENT POLICY new text end 130.17 new text begin REQUIREMENTS. new text end 130.18     new text begin No warranty reimbursement insurance policy may be issued, sold, or offered for sale new text end 130.19 new text begin in this state unless the policy meets the following conditions: new text end 130.20     new text begin (1) the policy states that the issuer of the policy will reimburse, or pay on behalf of new text end 130.21 new text begin the vehicle protection product warrantor, all covered sums that the warrantor is legally new text end 130.22 new text begin obligated to pay, or will provide all service that the warrantor is legally obligated to new text end 130.23 new text begin perform according to the warrantor's contractual obligations under the provisions of the new text end 130.24 new text begin insured warranties sold by the warrantor; new text end 130.25     new text begin (2) the policy states that in the event payment due under the terms of the warranty is new text end 130.26 new text begin not provided by the warrantor within 60 days after proof of loss has been filed according new text end 130.27 new text begin to the terms of the warranty by the warranty holder, the warranty holder may file directly new text end 130.28 new text begin with the warranty reimbursement insurance company for reimbursement; new text end 130.29     new text begin (3) the policy provides that a warranty reimbursement insurance company that new text end 130.30 new text begin insures a warranty is deemed to have received payment of the premium if the warranty new text end 130.31 new text begin holder paid for the vehicle protection product and the insurer's liability under the policy new text end 130.32 new text begin shall not be reduced or relieved by a failure of the warrantor, for any reason, to report the new text end 130.33 new text begin issuance of a warranty to the insurer; and new text end 130.34     new text begin (4) the policy has the following provisions regarding cancellation of the policy: new text end 131.1     new text begin (i) the issuer of a reimbursement insurance policy shall not cancel the policy until a new text end 131.2 new text begin notice of cancellation in writing has been mailed or delivered to the commissioner and new text end 131.3 new text begin each insured warrantor; new text end 131.4     new text begin (ii) the cancellation of a reimbursement insurance policy shall not reduce the issuer's new text end 131.5 new text begin responsibility for vehicle protection products sold prior to the date of cancellation; and new text end 131.6     new text begin (iii) in the event an insurer cancels a policy that a warrantor has filed with the new text end 131.7 new text begin commissioner, the warrantor shall do either of the following: new text end 131.8     new text begin (A) file a copy of a new policy with the commissioner, before the termination of new text end 131.9 new text begin the prior policy, providing no lapse in coverage following the termination of the prior new text end 131.10 new text begin policy; or new text end 131.11     new text begin (B) discontinue offering warranties as of the termination date of the policy until a new text end 131.12 new text begin new policy becomes effective and is accepted by the commissioner. new text end 131.13 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 131.14    Sec. 28. new text begin [59C.07] DISCLOSURE TO WARRANTY HOLDER. new text end 131.15     new text begin A vehicle protection product warranty must not be sold or offered for sale in this new text end 131.16 new text begin state unless the warranty: new text end 131.17     new text begin (1) states, "The obligations of the warrantor to the warranty holder are guaranteed new text end 131.18 new text begin under a warranty reimbursement insurance policy" if the warrantor elects to meet its new text end 131.19 new text begin financial responsibility obligations under section 59C.05, subdivision 2, or states "The new text end 131.20 new text begin obligations of the warrantor under this warranty are backed by the full faith and credit new text end 131.21 new text begin of the warrantor" if the warrantor elects to meet its financial responsibility obligations new text end 131.22 new text begin under section 59C.05, subdivision 3; new text end 131.23     new text begin (2) states that in the event a warranty holder must make a claim against a party other new text end 131.24 new text begin than the warranty reimbursement insurance policy issuer, the warranty holder is entitled to new text end 131.25 new text begin make a direct claim against the insurer upon the failure of the warrantor to pay any claim new text end 131.26 new text begin or meet any obligation under the terms of the warranty within 60 days after proof of loss new text end 131.27 new text begin has been filed with the warrantor, if the warrantor elects to meet its financial responsibility new text end 131.28 new text begin obligations under section 59C.05, subdivision 2; new text end 131.29     new text begin (3) states the name and address of the issuer of the warranty reimbursement new text end 131.30 new text begin insurance policy, and this information need not be preprinted on the warranty form, but new text end 131.31 new text begin may be added to or stamped on the warranty, if the warrantor elects to meet its financial new text end 131.32 new text begin responsibility obligations under section 59C.05, subdivision 2; new text end 131.33     new text begin (4) identifies the warrantor, the seller, and the warranty holder; new text end 132.1     new text begin (5) sets forth the total purchase price and the terms under which it is to be paid, new text end 132.2 new text begin however, the purchase price is not required to be preprinted on the vehicle protection new text end 132.3 new text begin product warranty and may be negotiated with the consumer at the time of sale; new text end 132.4     new text begin (6) sets forth the procedure for making a claim, including a telephone number; new text end 132.5     new text begin (7) specifies the payments or performance to be provided under the warranty new text end 132.6 new text begin including payments for incidental costs expressed as either a fixed amount specified in the new text end 132.7 new text begin warranty or sales agreement or by the use of a formula itemizing specific incidental costs new text end 132.8 new text begin incurred by the warranty holder, the manner of calculation or determination of payments new text end 132.9 new text begin or performance, and any limitations, exceptions, or exclusions; new text end 132.10     new text begin (8) sets forth all of the obligations and duties of the warranty holder such as the duty new text end 132.11 new text begin to protect against any further damage to the vehicle, the obligation to notify the warrantor new text end 132.12 new text begin in advance of any repair, or other similar requirements, if any; new text end 132.13     new text begin (9) sets forth any terms, restrictions, or conditions governing transferability and new text end 132.14 new text begin cancellation of the warranty, if any; and new text end 132.15     new text begin (10) contains a disclosure that reads substantially as follows: "This agreement is a new text end 132.16 new text begin product warranty and is not insurance." new text end 132.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 132.18    Sec. 29. new text begin [59C.08] PROHIBITED ACTS. new text end 132.19     new text begin (a) Unless licensed as an insurance company, a vehicle protection product warrantor new text end 132.20 new text begin shall not use in its name, contracts, or literature, any of the words "insurance," "casualty," new text end 132.21 new text begin "surety," "mutual," or any other words descriptive of the insurance, casualty, or surety new text end 132.22 new text begin business or deceptively similar to the name or description of any insurance or surety new text end 132.23 new text begin corporation, or any other vehicle protection product warrantor. A warrantor may use the new text end 132.24 new text begin term "guaranty" or similar word in the warrantor's name. new text end 132.25     new text begin (b) A vehicle protection product seller or warrantor may not require as a condition of new text end 132.26 new text begin financing that a retail purchaser of a motor vehicle purchase a vehicle protection product. new text end 132.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 132.28    Sec. 30. new text begin [59C.09] RECORD KEEPING. new text end 132.29     new text begin (a) All vehicle protection product warrantors shall keep accurate accounts, books, new text end 132.30 new text begin and records concerning transactions regulated under this chapter. new text end 132.31     new text begin (b) A vehicle protection product warrantor's accounts, books, and records must new text end 132.32 new text begin include: new text end 132.33     new text begin (1) copies of all vehicle protection product warranties; new text end 133.1     new text begin (2) the name and address of each warranty holder; and new text end 133.2     new text begin (3) the dates, amounts, and descriptions of all receipts, claims, and expenditures. new text end 133.3     new text begin (c) A vehicle protection product warrantor shall retain all required accounts, books, new text end 133.4 new text begin and records pertaining to each warranty holder for at least two years after the specified new text end 133.5 new text begin period of coverage has expired. A warrantor discontinuing business in this state shall new text end 133.6 new text begin maintain its records until it furnishes the commissioner satisfactory proof that it has new text end 133.7 new text begin discharged all obligations to warranty holders in this state. new text end 133.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 133.9    Sec. 31. new text begin [59C.10] COMMISSIONER'S POWERS AND DUTIES. new text end 133.10     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 133.11 new text begin conduct examinations of warrantors, administrators, or other persons to enforce this new text end 133.12 new text begin chapter and protect warranty holders in this state. Upon request of the commissioner, a new text end 133.13 new text begin warrantor shall make available to the commissioner all accounts, books, and records new text end 133.14 new text begin concerning vehicle protection products sold by the warrantor and transactions regulated new text end 133.15 new text begin under this chapter that are necessary to enable the commissioner to reasonably determine new text end 133.16 new text begin compliance or noncompliance with this chapter. new text end 133.17     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 133.18 new text begin necessary or appropriate to enforce the provisions of this chapter and the commissioner's new text end 133.19 new text begin rules and orders and to protect warranty holders in this state. The commissioner has the new text end 133.20 new text begin enforcement authority in chapter 45 available to enforce the provisions of the chapter and new text end 133.21 new text begin the rules adopted pursuant to it. new text end 133.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 133.23    Sec. 32. new text begin [59C.12] APPLICABILITY. new text end 133.24     new text begin This chapter applies to all vehicle protection products sold or offered for sale on new text end 133.25 new text begin or after the effective date of this chapter. The failure of any person to comply with this new text end 133.26 new text begin chapter before its effective date is not admissible in any court proceeding, administrative new text end 133.27 new text begin proceeding, arbitration, or alternative dispute resolution proceeding and may not otherwise new text end 133.28 new text begin be used to prove that the action of any person or the affected vehicle protection product new text end 133.29 new text begin was unlawful or otherwise improper. The adoption of this chapter does not imply that new text end 133.30 new text begin a vehicle protection product warranty was insurance before the effective date of this new text end 133.31 new text begin chapter. Nothing in this section may be construed to require the application of the penalty new text end 133.32 new text begin provisions where this section is not applicable. new text end 133.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 134.1    Sec. 33. new text begin [60K.365] PRODUCER TRAINING REQUIREMENTS FOR new text end 134.2 new text begin LONG-TERM CARE PARTNERSHIP PROGRAM INSURANCE PRODUCTS. new text end 134.3     new text begin (a) An individual may not sell, solicit, or negotiate long-term care insurance new text end 134.4 new text begin unless the individual is licensed as an insurance producer for accident and health or new text end 134.5 new text begin sickness insurance or life insurance and has completed an initial training course and new text end 134.6 new text begin ongoing training every 24 months thereafter. The training shall meet the requirements of new text end 134.7 new text begin paragraph (b). new text end 134.8     new text begin (b) The initial training course required by this subdivision shall be no less than new text end 134.9 new text begin eight hours and the ongoing training courses required by this subdivision shall be no less new text end 134.10 new text begin than four hours every 24 months. The courses shall be approved by the Department of new text end 134.11 new text begin Commerce and may be approved as continuing education courses under section 60K.56. new text end 134.12 new text begin The courses shall consist of topics related to long-term care insurance, long-term care new text end 134.13 new text begin services, and, if applicable, qualified state long-term care insurance partnership programs, new text end 134.14 new text begin including but not limited to: new text end 134.15     new text begin (1) state and federal regulations and requirements and the relationship between new text end 134.16 new text begin qualified state long-term care insurance partnership programs and other public and private new text end 134.17 new text begin coverage of long-term care services, including Medicaid; new text end 134.18     new text begin (2) available long-term care services and providers; new text end 134.19     new text begin (3) changes or improvements in long-term care services or providers; new text end 134.20     new text begin (4) alternatives to the purchase of private long-term care insurance; new text end 134.21     new text begin (5) the effect of inflation on benefits and the importance of inflation protection; and new text end 134.22     new text begin (6) consumer suitability standards and guidelines. new text end 134.23     new text begin The training required by this subdivision shall not include training that is insurer or new text end 134.24 new text begin company product specific or that includes any sales or marketing information, materials, new text end 134.25 new text begin or training, other than those required by state or federal law. new text end 134.26     new text begin (c) Insurers shall obtain verification that a producer has received the training new text end 134.27 new text begin required by this subdivision before a producer is permitted to sell, solicit, or negotiate the new text end 134.28 new text begin insurer's long-term care insurance products. Insurers shall maintain records verifying new text end 134.29 new text begin that the producer has received the training contained in this subdivision and make that new text end 134.30 new text begin verification available to the commissioner upon request. new text end 134.31     new text begin (d) Currently licensed producers must complete the initial training course by January new text end 134.32 new text begin 1, 2008. new text end 134.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 134.34    Sec. 34. Minnesota Statutes 2006, section 60K.55, subdivision 2, is amended to read: 135.1    Subd. 2. Licensing fees. (a) In addition to fees provided for examinations new text begin and the new text end 135.2 new text begin technology surcharge required under paragraph (d) new text end , each insurance producer licensed 135.3under this chapter shall pay to the commissioner a fee of: 135.4    (1) $50 for an initial life, accident and health, property, or casualty license issued to 135.5an individual insurance producer, and a fee of $50 for each renewal; 135.6    (2) $50 for an initial variable life and variable annuity license issued to an individual 135.7insurance producer, and a fee of $50 for each renewal; 135.8    (3) $50 for an initial personal lines license issued to an individual insurance 135.9producer, and a fee of $50 for each renewal; 135.10    (4) $50 for an initial limited lines license issued to an individual insurance producer, 135.11and a fee of $50 for each renewal; 135.12    (5) $200 for an initial license issued to a business entity, and a fee of $200 for each 135.13renewal; and 135.14    (6) $500 for an initial surplus lines license, and a fee of $500 for each renewal. 135.15    (b) Initial licenses issued under this chapter are valid for a period not to exceed 24 135.16months and expire on October 31 of the renewal year assigned by the commissioner. 135.17Each renewal insurance producer license is valid for a period of 24 months. Licensees 135.18who submit renewal applications postmarked or delivered on or before October 15 of the 135.19renewal year may continue to transact business whether or not the renewal license has been 135.20received by November 1. Licensees who submit applications postmarked or delivered 135.21after October 15 of the renewal year must not transact business after the expiration date 135.22of the license until the renewal license has been received. 135.23    (c) All fees are nonreturnable, except that an overpayment of any fee may be 135.24refunded upon proper application. 135.25     new text begin (d) In addition to the fees required under paragraph (a), individual insurance new text end 135.26 new text begin producers shall pay, for each initial license and renewal, a technology surcharge of up to new text end 135.27 new text begin $40 under section 45.24, unless the commissioner has adjusted the surcharge as permitted new text end 135.28 new text begin under that section. new text end 135.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective October 1, 2007. new text end 135.30    Sec. 35. Minnesota Statutes 2006, section 65B.44, subdivision 2, is amended to read: 135.31    Subd. 2. Medical expense benefits. (a) Medical expense benefits shall reimburse 135.32all reasonable expenses for necessary: 135.33    (1) medical, surgical, x-ray, optical, dental, chiropractic, and rehabilitative services, 135.34including prosthetic devices new text begin and items that provide relief from any injury new text end ; 135.35    (2) prescription drugs; 136.1    (3) ambulance and all other transportation expenses incurred in traveling to receive 136.2other covered medical expense benefits; 136.3    (4) sign interpreting and language translation services, other than such services 136.4provided by a family member of the patient, related to the receipt of medical, surgical, 136.5x-ray, optical, dental, chiropractic, hospital, extended care, nursing, and rehabilitative 136.6services; and 136.7    (5) hospital, extended care, and nursing services. 136.8    (b) Hospital room and board benefits may be limited, except for intensive care 136.9facilities, to the regular daily semiprivate room rates customarily charged by the institution 136.10in which the recipient of benefits is confined. 136.11    (c) Such benefits shall also include necessary remedial treatment and services 136.12recognized and permitted under the laws of this state for an injured person who relies 136.13upon spiritual means through prayer alone for healing in accordance with that person's 136.14religious beliefs. 136.15    (d) Medical expense loss includes medical expenses accrued prior to the death of a 136.16person notwithstanding the fact that benefits are paid or payable to the decedent's survivors. 136.17    (e) Medical expense benefits for rehabilitative services shall be subject to the 136.18provisions of section 65B.45. 136.19    Sec. 36. Minnesota Statutes 2006, section 65B.44, subdivision 3, is amended to read: 136.20    Subd. 3. Disability and income loss benefits. Disability and income loss benefits 136.21shall provide compensation for 85 percent of the injured person's loss of present and future 136.22gross income from inability to work proximately caused by the nonfatal injury subject 136.23to a maximum of $250 new text begin $500 new text end per week. Loss of income includes the costs incurred by a 136.24self-employed person to hire substitute employees to perform tasks which are necessary to 136.25maintain the income of the injured person, which are normally performed by the injured 136.26person, and which cannot be performed because of the injury. 136.27    If the injured person is unemployed at the time of injury and is receiving or is 136.28eligible to receive unemployment benefits under chapter 268, but the injured person loses 136.29eligibility for those benefits because of inability to work caused by the injury, disability 136.30and income loss benefits shall provide compensation for the lost benefits in an amount 136.31equal to the unemployment benefits which otherwise would have been payable, subject to 136.32a maximum of $250 new text begin $500 new text end per week. 136.33    Compensation under this subdivision shall be reduced by any income from substitute 136.34work actually performed by the injured person or by income the injured person would 137.1have earned in available appropriate substitute work which the injured person was capable 137.2of performing but unreasonably failed to undertake. 137.3    For the purposes of this section "inability to work" means disability which prevents 137.4the injured person from engaging in any substantial gainful occupation or employment 137.5on a regular basis, for wage or profit, for which the injured person is or may by training 137.6become reasonably qualified. If the injured person returns to employment and is unable by 137.7reason of the injury to work continuously, compensation for lost income shall be reduced 137.8by the income received while the injured person is actually able to work. The weekly 137.9maximums may not be prorated to arrive at a daily maximum, even if the injured person 137.10does not incur loss of income for a full week. 137.11    For the purposes of this section, an injured person who is "unable by reason of the 137.12injury to work continuously" includes, but is not limited to, a person who misses time 137.13from work, including reasonable travel time, and loses income, vacation, or sick leave 137.14benefits, to obtain medical treatment for an injury arising out of the maintenance or use 137.15of a motor vehicle. 137.16    Sec. 37. Minnesota Statutes 2006, section 65B.44, subdivision 4, is amended to read: 137.17    Subd. 4. Funeral and burial expenses. Funeral and burial benefits shall be 137.18reasonable expenses not in excess of $2,000 new text begin $5,000 new text end , including expenses for cremation or 137.19delivery under the Uniform Anatomical Gift Act (1987), sections 525.921 to 525.9224. 137.20    Sec. 38. Minnesota Statutes 2006, section 65B.44, subdivision 5, is amended to read: 137.21    Subd. 5. Replacement service and loss. Replacement service loss benefits shall 137.22reimburse all expenses reasonably incurred by or on behalf of the nonfatally injured 137.23person in obtaining usual and necessary substitute services in lieu of those that, had the 137.24injured person not been injured, the injured person would have performed not for income 137.25but for direct personal benefit or for the benefit of the injured person's household; if 137.26the nonfatally injured person normally, as a full time responsibility, provides care and 137.27maintenance of a home with or without children, the benefit to be provided under this 137.28subdivision shall be the reasonable value of such care and maintenance or the reasonable 137.29expenses incurred in obtaining usual and necessary substitute care and maintenance of 137.30the home, whichever is greater. These benefits shall be subject to a maximum of $200 137.31 new text begin $600 new text end per week. All replacement services loss sustained on the date of injury and the first 137.32seven days thereafter is excluded in calculating replacement services loss. 137.33    Sec. 39. Minnesota Statutes 2006, section 65B.47, subdivision 7, is amended to read: 138.1    Subd. 7. Adding policies together. Unless a policyholder makes a specific election 138.2 new text begin not new text end to have two or more policies added together the limit of liability for basic economic 138.3loss benefits for two or more motor vehicles may not new text begin must new text end be added together to determine 138.4the limit of insurance coverage available to an injured person for any one accident. An 138.5insurer shall notify policyholders that they may elect new text begin not new text end to have two or more policies 138.6added together. 138.7    Sec. 40. Minnesota Statutes 2006, section 65B.54, subdivision 1, is amended to read: 138.8    Subdivision 1. Payment of basic economic loss benefits. Basic economic loss 138.9benefits are payable monthly as loss accrues. Loss accrues not when injury occurs, but as 138.10income loss, replacement services loss, survivor's economic loss, survivor's replacement 138.11services loss, or medical or funeral expense is incurred. Benefits are overdue if not 138.12paid within 30 days after the reparation obligor receives reasonable proof of the fact 138.13and amount of loss realized, unless the reparation obligor elects to accumulate claims 138.14for periods not exceeding 31 days and pays them within 15 days after the period of 138.15accumulation. new text begin However, if the insurer notifies the insured that it is denying benefits, the new text end 138.16 new text begin insured need not continue to provide the insurer with proof of the bills, losses, or expenses. new text end 138.17If reasonable proof is supplied as to only part of a claim, and the part totals $100 or more, 138.18the part is overdue if not paid within the time provided by this section. Medical or funeral 138.19expense benefits may be paid by the reparation obligor directly to persons supplying 138.20products, services, or accommodations to the claimant. 138.21    Sec. 41. Minnesota Statutes 2006, section 65B.54, is amended by adding a subdivision 138.22to read: 138.23     new text begin Subd. 6. new text end new text begin Unethical practices. new text end new text begin (a) A licensed health care provider or attorney shall new text end 138.24 new text begin not initiate direct contact, in person, over the telephone, or by other electronic means, new text end 138.25 new text begin with any person who has suffered an injury arising out of the maintenance or use of an new text end 138.26 new text begin automobile, for the purpose of influencing that person to receive treatment or to purchase new text end 138.27 new text begin any good, item, or service from the licensee or attorney or anyone associated with the new text end 138.28 new text begin licensee or attorney. This subdivision prohibits such direct contact whether initiated by the new text end 138.29 new text begin licensee or attorney individually or on behalf of the licensee or attorney by any employee, new text end 138.30 new text begin independent contractor, agent, or third party. This subdivision does not apply when an new text end 138.31 new text begin injured person voluntarily initiates contact with a licensee or attorney. new text end 138.32     new text begin (b) This subdivision does not prohibit licensees or attorneys from mailing advertising new text end 138.33 new text begin literature directly to such persons, so long as: new text end 139.1     new text begin (1) the word "ADVERTISEMENT" appears clearly and conspicuously at the new text end 139.2 new text begin beginning of the written materials; new text end 139.3     new text begin (2) the name of the individual licensee or attorney appears clearly and conspicuously new text end 139.4 new text begin within the written materials; new text end 139.5     new text begin (3) the licensee or attorney is clearly identified as a licensed health care provider new text end 139.6 new text begin within the written materials; and new text end 139.7     new text begin (4) the licensee or attorney does not initiate, individually or through any employee, new text end 139.8 new text begin independent contractor, agent, or third party, direct contact with the person after the new text end 139.9 new text begin written materials are sent. new text end 139.10     new text begin (c) This subdivision does not apply to: new text end 139.11     new text begin (1) advertising that does not involve direct contact with specific prospective patients, new text end 139.12 new text begin in public media such as telephone directories, professional directories, ads in newspapers new text end 139.13 new text begin and other periodicals, radio or television ads, Web sites, billboards, or similar media; or new text end 139.14     new text begin (2) general marketing practices such as giving lectures; participating in special new text end 139.15 new text begin events, trade shows, or meetings of organizations; or making presentations relative to new text end 139.16 new text begin the benefits of chiropractic treatment; or new text end 139.17     new text begin (3) contact with friends or relatives, or statements made in a social setting. new text end 139.18     new text begin (d) A violation of this subdivision is grounds for the licensing authority or Office of new text end 139.19 new text begin Lawyers Professional Responsibility to take disciplinary action against the licensee or new text end 139.20 new text begin attorney, including revocation in appropriate cases. new text end 139.21    Sec. 42. Minnesota Statutes 2006, section 72A.201, subdivision 6, is amended to read: 139.22    Subd. 6. Standards for automobile insurance claims handling, settlement offers, 139.23and agreements. In addition to the acts specified in subdivisions 4, 5, 7, 8, and 9, the 139.24following acts by an insurer, adjuster, or a self-insured or self-insurance administrator 139.25constitute unfair settlement practices: 139.26    (1) if an automobile insurance policy provides for the adjustment and settlement 139.27of an automobile total loss on the basis of actual cash value or replacement with like 139.28kind and quality and the insured is not an automobile dealer, failing to offer one of the 139.29following methods of settlement: 139.30    (a) comparable and available replacement automobile, with all applicable taxes, 139.31license fees, at least pro rata for the unexpired term of the replaced automobile's license, 139.32and other fees incident to the transfer or evidence of ownership of the automobile paid, at 139.33no cost to the insured other than the deductible amount as provided in the policy; 139.34    (b) a cash settlement based upon the actual cost of purchase of a comparable 139.35automobile, including all applicable taxes, license fees, at least pro rata for the unexpired 140.1term of the replaced automobile's license, and other fees incident to transfer of evidence 140.2of ownership, less the deductible amount as provided in the policy. The costs must be 140.3determined by: 140.4    (i) the cost of a comparable automobile, adjusted for mileage, condition, and options, 140.5in the local market area of the insured, if such an automobile is available in that area; or 140.6    (ii) one of two or more quotations obtained from two or more qualified sources 140.7located within the local market area when a comparable automobile is not available in 140.8the local market area. The insured shall be provided the information contained in all 140.9quotations prior to settlement; or 140.10    (iii) any settlement or offer of settlement which deviates from the procedure above 140.11must be documented and justified in detail. The basis for the settlement or offer of 140.12settlement must be explained to the insured; 140.13    (2) if an automobile insurance policy provides for the adjustment and settlement 140.14of an automobile partial loss on the basis of repair or replacement with like kind and 140.15quality and the insured is not an automobile dealer, failing to offer one of the following 140.16methods of settlement: 140.17    (a) to assume all costs, including reasonable towing costs, for the satisfactory repair 140.18of the motor vehicle. Satisfactory repair includes repair of both obvious and hidden 140.19damage as caused by the claim incident. This assumption of cost may be reduced by 140.20applicable policy provision; or 140.21    (b) to offer a cash settlement sufficient to pay for satisfactory repair of the vehicle. 140.22Satisfactory repair includes repair of obvious and hidden damage caused by the claim 140.23incident, and includes reasonable towing costs; 140.24    (3) regardless of whether the loss was total or partial, in the event that a damaged 140.25vehicle of an insured cannot be safely driven, failing to exercise the right to inspect 140.26automobile damage prior to repair within five business days following receipt of 140.27notification of claim. In other cases the inspection must be made in 15 days; 140.28    (4) regardless of whether the loss was total or partial, requiring unreasonable travel 140.29of a claimant or insured to inspect a replacement automobile, to obtain a repair estimate, 140.30to allow an insurer to inspect a repair estimate, to allow an insurer to inspect repairs made 140.31pursuant to policy requirements, or to have the automobile repaired; 140.32    (5) regardless of whether the loss was total or partial, if loss of use coverage 140.33exists under the insurance policy, failing to notify an insured at the time of the insurer's 140.34acknowledgment of claim, or sooner if inquiry is made, of the fact of the coverage, 140.35including the policy terms and conditions affecting the coverage and the manner in which 140.36the insured can apply for this coverage; 141.1    (6) regardless of whether the loss was total or partial, failing to include the insured's 141.2deductible in the insurer's demands under its subrogation rights. Subrogation recovery 141.3must be shared at least on a proportionate basis with the insured, unless the deductible 141.4amount has been otherwise recovered by the insured, except that when an insurer is 141.5recovering directly from an uninsured third party by means of installments, the insured 141.6must receive the full deductible share as soon as that amount is collected and before any 141.7part of the total recovery is applied to any other use. No deduction for expenses may be 141.8made from the deductible recovery unless an attorney is retained to collect the recovery, in 141.9which case deduction may be made only for a pro rata share of the cost of retaining the 141.10attorney. An insured is not bound by any settlement of its insurer's subrogation claim with 141.11respect to the deductible amount, unless the insured receives, as a result of the subrogation 141.12settlement, the full amount of the deductible. Recovery by the insurer and receipt by the 141.13insured of less than all of the insured's deductible amount does not affect the insured's 141.14rights to recover any unreimbursed portion of the deductible from parties liable for the loss; 141.15    (7) requiring as a condition of payment of a claim that repairs to any damaged 141.16vehicle must be made by a particular contractor or repair shop or that parts, other than 141.17window glass, must be replaced with parts other than original equipment parts or engaging 141.18in any act or practice of intimidation, coercion, threat, incentive, or inducement for or 141.19against an insured to use a particular contractor or repair shop. Consumer benefits included 141.20within preferred vendor programs must not be considered an incentive or inducement. 141.21At the time a claim is reported, the insurer must provide the following advisory to the 141.22insured or claimant: 141.23    "You have the legal right to choose a repair shop to fix your vehicle. Your policy 141.24will cover the reasonable costs of repairing your vehicle to its pre-accident condition no 141.25matter where you have repairs made. Have you selected a repair shop or would you 141.26like a referral?" 141.27    After an insured has indicated that the insured has selected a repair shop, the insurer 141.28must cease all efforts to influence the insured's or claimant's choice of repair shop; 141.29    (8) where liability is reasonably clear, failing to inform the claimant in an automobile 141.30property damage liability claim that the claimant may have a claim for loss of use of 141.31the vehicle; 141.32    (9) failing to make a good faith assignment of comparative negligence percentages 141.33in ascertaining the issue of liability; 141.34    (10) failing to pay any interest required by statute on overdue payment for an 141.35automobile personal injury protection claim; 142.1    (11) if an automobile insurance policy contains either or both of the time limitation 142.2provisions as permitted by section 65B.55, subdivisions 1 and 2, failing to notify the 142.3insured in writing of those limitations at least 60 days prior to the expiration of that time 142.4limitation; 142.5    (12) if an insurer chooses to have an insured examined as permitted by section 142.665B.56, subdivision 1 , failing to notify the insured of all of the insured's rights and 142.7obligations under that statute, including the right to request, in writing, and to receive 142.8a copy of the report of the examination; 142.9    (13) failing to provide, to an insured who has submitted a claim for benefits 142.10described in section 65B.44, a complete copy of the insurer's claim file on the insured, 142.11excluding internal company memoranda, all materials that relate to any insurance fraud 142.12investigation, materials that constitute attorney work-product or that qualify for the 142.13attorney-client privilege, and medical reviews that are subject to section 145.64, within ten 142.14business days of receiving a written request from the insured. The insurer may charge 142.15the insured a reasonable copying fee. This clause supersedes any inconsistent provisions 142.16of sections 72A.49 to 72A.505; 142.17    (14) if an automobile policy provides for the adjustment or settlement of an 142.18automobile loss due to damaged window glass, failing to provide payment to the insured's 142.19chosen vendor based on a new text begin fair, new text end competitive price that is fair and reasonable within the 142.20local industry at large. 142.21Where facts establish that a different rate in a specific geographic area actually served 142.22by the vendor is required by that market, that geographic area must be considered. new text begin For new text end 142.23 new text begin purposes of this clause, a price determined at the highest agreed upon price that the insurer new text end 142.24 new text begin pays to vendors that the insurer recommends and whose business is located in or within new text end 142.25 new text begin 50 miles of the insured's city of residence or a price based upon the highest agreed upon new text end 142.26 new text begin price paid in a city of the same class size as the insured's city of residence as defined in new text end 142.27 new text begin section 410.01 shall be deemed a fair, competitive price. new text end This clause does not prohibit 142.28an insurer from recommending a vendor to the insured or from agreeing with a vendor 142.29to perform work at an agreed-upon price, provided, however, that before recommending 142.30a vendor, the insurer shall offer its insured the opportunity to choose the vendor. If the 142.31insurer recommends a vendor, the insurer must also provide the following advisory: 142.32"Minnesota law gives you the right to go to any glass vendor you choose, and 142.33prohibits me from pressuring you to choose a particular vendor."; 142.34    (15) requiring that the repair or replacement of motor vehicle glass and related 142.35products and services be made in a particular place or shop or by a particular entity, or by 143.1otherwise limiting the ability of the insured to select the place, shop, or entity to repair or 143.2replace the motor vehicle glass and related products and services; or 143.3    (16) engaging in any act or practice of intimidation, coercion, threat, incentive, or 143.4inducement for or against an insured to use a particular company or location to provide 143.5the motor vehicle glass repair or replacement services or products. For purposes of this 143.6section, a warranty shall not be considered an inducement or incentive. 143.7    Sec. 43. Minnesota Statutes 2006, section 80A.28, subdivision 1, is amended to read: 143.8    Subdivision 1. Registration or notice filing fee. (a) There shall be a filing fee of 143.9$100 for every application for registration or notice filing. There shall be an additional fee 143.10of one-tenth of one percent of the maximum aggregate offering price at which the securities 143.11are to be offered in this state, and the maximum combined fees shall not exceed $300. 143.12    (b) When an application for registration is withdrawn before the effective date or a 143.13preeffective stop order is entered under section 80A.13, subdivision 1, all but the $100 143.14filing fee shall be returned. If an application to register securities is denied, the total of all 143.15fees received shall be retained. 143.16    (c) Where a filing is made in connection with a federal covered security under 143.17section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing. 143.18If the filing is made in connection with redeemable securities issued by an open end 143.19management company or unit investment trust, as defined in the Investment Company Act 143.20of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate 143.21offering price at which the securities are to be offered in this state during the notice filing 143.22period. The fee must be paid at the time of the initial filing and thereafter in connection 143.23with each renewal no later than July 1 of each year and must be sufficient to cover the 143.24shares the issuer expects to sell in this state over the next 12 months. If during a current 143.25notice filing the issuer determines it is likely to sell shares in excess of the shares for 143.26which fees have been paid to the commissioner, the issuer shall submit an amended notice 143.27filing to the commissioner under section 80A.122, subdivision 1, clause (3), together with 143.28a fee of 1/20 of one percent of the maximum aggregate offering price of the additional 143.29shares. Shares for which a fee has been paid, but which have not been sold at the time 143.30of expiration of the notice filing, may not be sold unless an additional fee to cover the 143.31shares has been paid to the commissioner as provided in this section and section 80A.122, 143.32subdivision 4a . If the filing is made in connection with redeemable securities issued by 143.33such a company or trust, there is no maximum fee for securities filings made according to 143.34this paragraph. If the filing is made in connection with any other federal covered security 143.35under Section 18(b)(2) of the Securities Act of 1933, there is an additional fee of one-tenth 144.1of one percent of the maximum aggregate offering price at which the securities are to be 144.2offered in this state, and the combined fees shall not exceed $300. Beginning with fiscal 144.3year 2001 and continuing each fiscal year thereafter, as of the last day of each fiscal year, 144.4the commissioner shall determine the total amount of all fees that were collected under 144.5this paragraph in connection with any filings made for that fiscal year for securities of an 144.6open-end investment company on behalf of a security that is a federal covered security 144.7pursuant to section 18(b)(2) of the Securities Act of 1933. To the extent the total fees 144.8collected by the commissioner in connection with these filings exceed $25,000,000 in a 144.9fiscal year, the commissioner shall refund, on a pro rata basis, to all persons who paid any 144.10fees for that fiscal year, the amount of fees collected by the commissioner in excess of 144.11$25,000,000. No individual refund is required of amounts of $100 or less for a fiscal year. 144.12    Sec. 44. Minnesota Statutes 2006, section 80A.65, subdivision 1, is amended to read: 144.13    Subdivision 1. Registration or notice filing fee. (a) There shall be a filing fee of 144.14$100 for every application for registration or notice filing. There shall be an additional fee 144.15of one-tenth of one percent of the maximum aggregate offering price at which the securities 144.16are to be offered in this state, and the maximum combined fees shall not exceed $300. 144.17    (b) When an application for registration is withdrawn before the effective date 144.18or a preeffective stop order is entered under section 80A.54, all but the $100 filing fee 144.19shall be returned. If an application to register securities is denied, the total of all fees 144.20received shall be retained. 144.21    (c) Where a filing is made in connection with a federal covered security under 144.22section 18(b)(2) of the Securities Act of 1933, there is a fee of $100 for every initial filing. 144.23If the filing is made in connection with redeemable securities issued by an open end 144.24management company or unit investment trust, as defined in the Investment Company Act 144.25of 1940, there is an additional annual fee of 1/20 of one percent of the maximum aggregate 144.26offering price at which the securities are to be offered in this state during the notice filing 144.27period. The fee must be paid at the time of the initial filing and thereafter in connection 144.28with each renewal no later than July 1 of each year and must be sufficient to cover the 144.29shares the issuer expects to sell in this state over the next 12 months. If during a current 144.30notice filing the issuer determines it is likely to sell shares in excess of the shares for which 144.31fees have been paid to the administrator, the issuer shall submit an amended notice filing 144.32to the administrator under section 80A.50, together with a fee of 1/20 of one percent of the 144.33maximum aggregate offering price of the additional shares. Shares for which a fee has 144.34been paid, but which have not been sold at the time of expiration of the notice filing, may 144.35not be sold unless an additional fee to cover the shares has been paid to the administrator 145.1as provided in this section and section 80A.50. If the filing is made in connection with 145.2redeemable securities issued by such a company or trust, there is no maximum fee for 145.3securities filings made according to this paragraph. If the filing is made in connection 145.4with any other federal covered security under Section 18(b)(2) of the Securities Act of 145.51933, there is an additional fee of one-tenth of one percent of the maximum aggregate 145.6offering price at which the securities are to be offered in this state, and the combined fees 145.7shall not exceed $300. Beginning with fiscal year 2001 and continuing each fiscal year 145.8thereafter, as of the last day of each fiscal year, the administrator shall determine the total 145.9amount of all fees that were collected under this paragraph in connection with any filings 145.10made for that fiscal year for securities of an open-end investment company on behalf of a 145.11security that is a federal covered security pursuant to section 18(b)(2) of the Securities 145.12Act of 1933. To the extent the total fees collected by the administrator in connection 145.13with these filings exceed $25,000,000 in a fiscal year, the administrator shall refund, on 145.14a pro rata basis, to all persons who paid any fees for that fiscal year, the amount of fees 145.15collected by the administrator in excess of $25,000,000. No individual refund is required 145.16of amounts of $100 or less for a fiscal year. 145.17    Sec. 45. Minnesota Statutes 2006, section 82.24, subdivision 1, is amended to read: 145.18    Subdivision 1. Amounts. The following fees shall be paid to the commissioner: 145.19    (a) a fee of $150 for each initial individual broker's license, and a fee of $100 for 145.20each renewal thereof; 145.21    (b) a fee of $70 for each initial salesperson's license, and a fee of $40 for each 145.22renewal thereof; 145.23    (c) a fee of $85 for each initial real estate closing agent license, and a fee of $60 145.24for each renewal thereof; 145.25    (d) a fee of $150 for each initial corporate, limited liability company, or partnership 145.26license, and a fee of $100 for each renewal thereof; 145.27    (e) a fee for payment to the education, research and recovery fund in accordance 145.28with section 82.43; 145.29    (f) a fee of $20 for each transfer; 145.30    (g) a fee of $50 for license reinstatement; and 145.31    (h) a fee of $20 for reactivating a corporate, limited liability company, or partnership 145.32license without land new text begin ; and new text end 145.33     new text begin (i) in addition to the fees required under this subdivision, individual licensees under new text end 145.34 new text begin clauses (a) and (b) shall pay, for each initial license and renewal, a technology surcharge new text end 146.1 new text begin of up to $40 under section 45.24, unless the commissioner has adjusted the surcharge new text end 146.2 new text begin as permitted under that section new text end . 146.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 146.4    Sec. 46. Minnesota Statutes 2006, section 82.24, subdivision 4, is amended to read: 146.5    Subd. 4. Deposit of fees. Unless otherwise provided by this chapter, all fees 146.6collected under this chapter shall be deposited in the state treasury. new text begin The technology new text end 146.7 new text begin surcharge shall be deposited as required under section 45.24. new text end 146.8 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 146.9    Sec. 47. Minnesota Statutes 2006, section 82B.09, subdivision 1, is amended to read: 146.10    Subdivision 1. Amounts. new text begin (a) new text end The following fees must be paid to the commissioner: 146.11    (1) $150 for each initial individual real estate appraiser's license; and 146.12    (2) $100 for each renewal. 146.13     new text begin (b) In addition to the fees required under this subdivision, individual real estate new text end 146.14 new text begin appraisers shall pay a technology surcharge of up to $40 under section 45.24, unless the new text end 146.15 new text begin commissioner has adjusted the surcharge as permitted under that section. new text end 146.16 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 146.17    Sec. 48. Minnesota Statutes 2006, section 118A.03, subdivision 2, is amended to read: 146.18    Subd. 2. In lieu of surety bond. The following are the allowable forms of collateral 146.19in lieu of a corporate surety bond: 146.20    (1) United States government Treasury bills, Treasury notes, Treasury bonds; 146.21    (2) issues of United States government agencies and instrumentalities as quoted by a 146.22recognized industry quotation service available to the government entity; 146.23    (3) general obligation securities of any state or local government with taxing powers 146.24which is rated "A" or better by a national bond rating service, or revenue obligation 146.25securities of any state or local government with taxing powers which is rated "AA" or 146.26better by a national bond rating service; 146.27    (4) unrated general obligation securities of a local government with taxing powers 146.28may be pledged as collateral against funds deposited by that same local government entity; 146.29    (5) irrevocable standby letters of credit issued by Federal Home Loan Banks to a 146.30municipality accompanied by written evidence that the bank's public debt is rated "AA" or 146.31better by Moody's Investors Service, Inc., or Standard & Poor's Corporation; and 146.32    (6) time deposits that are fully insured by any federal agency. 147.1    Sec. 49. Minnesota Statutes 2006, section 148.102, is amended by adding a subdivision 147.2to read: 147.3     new text begin Subd. 3a. new text end new text begin Reparation obligors. new text end new text begin A reparation obligor as defined in section 65B.43, new text end 147.4 new text begin subdivision 9, may submit any relevant information to the board in any case in which new text end 147.5 new text begin the reparation obligor has reason to believe that charges being billed by a licensee are new text end 147.6 new text begin fraudulent, unreasonable, or inconsistent with treatment actually received by the injured new text end 147.7 new text begin party involved. new text end 147.8     new text begin A reparation obligor that makes a report under this section shall provide the board new text end 147.9 new text begin with any additional information, related to the reported activities, requested by the board. new text end 147.10    Sec. 50. Minnesota Statutes 2006, section 239.101, subdivision 3, is amended to read: 147.11    Subd. 3. Petroleum inspection fee. (a) An inspection fee is imposed (1) on 147.12petroleum products when received by the first licensed distributor, and (2) on petroleum 147.13products received and held for sale or use by any person when the petroleum products 147.14have not previously been received by a licensed distributor. The petroleum inspection 147.15fee is $1 for every 1,000 gallons received. The commissioner of revenue shall collect 147.16the fee. The revenue from 81 cents of the fee is appropriated to the commissioner of 147.17commerce for the cost of operations of the Division of Weights and Measures, petroleum 147.18supply monitoring, and the oil burner retrofit program new text begin to make grants to providers of new text end 147.19 new text begin low-income weatherization services to install renewable energy equipment in households new text end 147.20 new text begin that are eligible for weatherization assistance under Minnesota's weatherization assistance new text end 147.21 new text begin program state plan new text end . The remainder of the fee must be deposited in the general fund. 147.22    (b) The commissioner of revenue shall credit a person for inspection fees previously 147.23paid in error or for any material exported or sold for export from the state upon filing of a 147.24report as prescribed by the commissioner of revenue. 147.25    (c) The commissioner of revenue may collect the inspection fee along with any 147.26taxes due under chapter 296A. 147.27    Sec. 51. new text begin [325E.027] DISCRIMINATION PROHIBITION. new text end 147.28     new text begin (a) No dealer or distributor of liquid propane gas or number 1 or number 2 fuel oil new text end 147.29 new text begin who has signed a low-income home energy assistance program vendor agreement with the new text end 147.30 new text begin department of commerce may refuse to deliver liquid propane gas or number 1 or number new text end 147.31 new text begin 2 fuel oil to any person located within the dealer's or distributor's normal delivery area new text end 147.32 new text begin who receives direct grants under the low-income home energy assistance program if: new text end 147.33     new text begin (1) the person has requested delivery; new text end 147.34     new text begin (2) the dealer or distributor has product available; new text end 148.1     new text begin (3) the person requesting delivery is capable of making full payment at the time of new text end 148.2 new text begin delivery; and new text end 148.3     new text begin (4) the person is not in arrears regarding any previous fuel purchase from that dealer new text end 148.4 new text begin or distributor. new text end 148.5     new text begin (b) A dealer or distributor making delivery to a person receiving direct grants new text end 148.6 new text begin under the low-income home energy assistance program may not charge that person any new text end 148.7 new text begin additional costs or fees that would not be charged to any other customer and must make new text end 148.8 new text begin available to that person any discount program on the same basis as the dealer or distributor new text end 148.9 new text begin makes available to any other customer. new text end 148.10    Sec. 52. Minnesota Statutes 2006, section 325E.311, subdivision 6, is amended to read: 148.11    Subd. 6. Telephone solicitation. "Telephone solicitation" means any voice 148.12communication over a telephone line for the purpose of encouraging the purchase or 148.13rental of, or investment in, property, goods, or services, whether the communication is 148.14made by a live operator, through the use of an automatic dialing-announcing device as 148.15defined in section 325E.26, subdivision 2, or by other means. Telephone solicitation 148.16does not include communications: 148.17    (1) to any residential subscriber with that subscriber's prior express invitation or 148.18permission; or 148.19    (2) by or on behalf of any person or entity with whom a residential subscriber has a 148.20prior or current business or personal relationship. 148.21Telephone solicitation also does not include communications if the caller is identified by a 148.22caller identification service and the call is: 148.23    (i) by or on behalf of an organization that is identified as a nonprofit organization 148.24under state or federal law new text begin , unless the organization is a debt management services provider new text end 148.25 new text begin defined in section 332A.02 new text end ; 148.26    (ii) by a person soliciting without the intent to complete, and who does not in 148.27fact complete, the sales presentation during the call, but who will complete the sales 148.28presentation at a later face-to-face meeting between the solicitor who makes the call 148.29and the prospective purchaser; or 148.30    (iii) by a political party as defined under section 200.02, subdivision 6. 148.31 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 148.32    Sec. 53. Minnesota Statutes 2006, section 325N.01, is amended to read: 148.33325N.01 DEFINITIONS. 149.1    The definitions in paragraphs (a) to (h) apply to sections 325N.01 to 325N.09. 149.2    (a) "Foreclosure consultant" means any person who, directly or indirectly, makes 149.3any solicitation, representation, or offer to any owner to perform for compensation or 149.4who, for compensation, performs any service which the person in any manner represents 149.5will in any manner do any of the following: 149.6    (1) stop or postpone the foreclosure sale; 149.7    (2) obtain any forbearance from any beneficiary or mortgagee; 149.8    (3) assist the owner to exercise the right of reinstatement provided in section 580.30; 149.9    (4) obtain any extension of the period within which the owner may reinstate the 149.10owner's obligation; 149.11    (5) obtain any waiver of an acceleration clause contained in any promissory note or 149.12contract secured by a mortgage on a residence in foreclosure or contained in the mortgage; 149.13    (6) assist the owner in foreclosure or loan default to obtain a loan or advance 149.14of funds; 149.15    (7) avoid or ameliorate the impairment of the owner's credit resulting from the 149.16recording of a notice of default or the conduct of a foreclosure sale; or 149.17    (8) save the owner's residence from foreclosure. 149.18    (b) A foreclosure consultant does not include any of the following: 149.19    (1) a person licensed to practice law in this state when the person renders service 149.20in the course of his or her practice as an attorney-at-law; 149.21    (2) a person licensed as a debt prorater under sections to new text begin management new text end 149.22 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 149.23 new text begin management services provider new text end as defined in these sections new text begin that chapter new text end ; 149.24    (3) a person licensed as a real estate broker or salesperson under chapter 82 when the 149.25person engages in acts whose performance requires licensure under that chapter unless the 149.26person is engaged in offering services designed to, or purportedly designed to, enable the 149.27owner to retain possession of the residence in foreclosure; 149.28    (4) a person licensed as an accountant under chapter 326A when the person is acting 149.29in any capacity for which the person is licensed under those provisions; 149.30    (5) a person or the person's authorized agent acting under the express authority 149.31or written approval of the Department of Housing and Urban Development or other 149.32department or agency of the United States or this state to provide services; 149.33    (6) a person who holds or is owed an obligation secured by a lien on any residence 149.34in foreclosure when the person performs services in connection with this obligation or lien 149.35if the obligation or lien did not arise as the result of or as part of a proposed foreclosure 149.36reconveyance; 150.1    (7) any person or entity doing business under any law of this state, or of the United 150.2States relating to banks, trust companies, savings and loan associations, industrial loan and 150.3thrift companies, regulated lenders, credit unions, insurance companies, or a mortgagee 150.4which is a United States Department of Housing and Urban Development approved 150.5mortgagee and any subsidiary or affiliate of these persons or entities, and any agent or 150.6employee of these persons or entities while engaged in the business of these persons 150.7or entities; 150.8    (8) a person licensed as a residential mortgage originator or servicer pursuant to 150.9chapter 58, when acting under the authority of that license or a foreclosure purchaser as 150.10defined in section 325N.10; 150.11    (9) a nonprofit agency or organization that offers counseling or advice to an owner 150.12of a home in foreclosure or loan default if they do not contract for services with for-profit 150.13lenders or foreclosure purchasers; and 150.14    (10) a judgment creditor of the owner, to the extent that the judgment creditor's claim 150.15accrued prior to the personal service of the foreclosure notice required by section 580.03, 150.16but excluding a person who purchased the claim after such personal service. 150.17    (c) "Foreclosure reconveyance" means a transaction involving: 150.18    (1) the transfer of title to real property by a foreclosed homeowner during a 150.19foreclosure proceeding, either by transfer of interest from the foreclosed homeowner or 150.20by creation of a mortgage or other lien or encumbrance during the foreclosure process 150.21that allows the acquirer to obtain title to the property by redeeming the property as 150.22a junior lienholder; and 150.23    (2) the subsequent conveyance, or promise of a subsequent conveyance, of an interest 150.24back to the foreclosed homeowner by the acquirer or a person acting in participation with 150.25the acquirer that allows the foreclosed homeowner to possess the real property following 150.26the completion of the foreclosure proceeding, which interest includes, but is not limited to, 150.27an interest in a contract for deed, purchase agreement, option to purchase, or lease. 150.28    (d) "Person" means any individual, partnership, corporation, limited liability 150.29company, association, or other group, however organized. 150.30    (e) "Service" means and includes, but is not limited to, any of the following: 150.31    (1) debt, budget, or financial counseling of any type; 150.32    (2) receiving money for the purpose of distributing it to creditors in payment or 150.33partial payment of any obligation secured by a lien on a residence in foreclosure; 150.34    (3) contacting creditors on behalf of an owner of a residence in foreclosure; 151.1    (4) arranging or attempting to arrange for an extension of the period within which 151.2the owner of a residence in foreclosure may cure the owner's default and reinstate his or 151.3her obligation pursuant to section 580.30; 151.4    (5) arranging or attempting to arrange for any delay or postponement of the time of 151.5sale of the residence in foreclosure; 151.6    (6) advising the filing of any document or assisting in any manner in the preparation 151.7of any document for filing with any bankruptcy court; or 151.8    (7) giving any advice, explanation, or instruction to an owner of a residence in 151.9foreclosure, which in any manner relates to the cure of a default in or the reinstatement 151.10of an obligation secured by a lien on the residence in foreclosure, the full satisfaction of 151.11that obligation, or the postponement or avoidance of a sale of a residence in foreclosure, 151.12pursuant to a power of sale contained in any mortgage. 151.13    (f) "Residence in foreclosure" means residential real property consisting of one to 151.14four family dwelling units, one of which the owner occupies as his or her principal place 151.15of residence, and against which there is an outstanding notice of pendency of foreclosure, 151.16recorded pursuant to section 580.032, or against which a summons and complaint has 151.17been served under chapter 581. 151.18    (g) "Owner" means the record owner of the residential real property in foreclosure at 151.19the time the notice of pendency was recorded, or the summons and complaint served. 151.20    (h) "Contract" means any agreement, or any term in any agreement, between 151.21a foreclosure consultant and an owner for the rendition of any service as defined in 151.22paragraph (e). 151.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 151.24    Sec. 54. Minnesota Statutes 2006, section 332.54, subdivision 7, is amended to read: 151.25    Subd. 7. Fees. The fee for a credit services organization's registration is $100 151.26 new text begin $1,000 new text end for issuance or renewal for each location of business. 151.27 new text begin EFFECTIVE DATE; APPLICATION. new text end new text begin This section is effective July 1, 2007, and new text end 151.28 new text begin applies to registrations issued or renewed on or after that date. new text end 151.29    Sec. 55. new text begin [332A.02] DEFINITIONS. new text end 151.30     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 151.31 new text begin for the purposes of this chapter the terms defined in this section have the meanings given new text end 151.32 new text begin them. new text end 152.1     new text begin Subd. 2. new text end new text begin Accreditation. new text end new text begin "Accreditation" means certification as an accredited new text end 152.2 new text begin credit counseling provider by the International Standards Organization or the Council on new text end 152.3 new text begin Accreditation. new text end 152.4     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 152.5 new text begin state of Minnesota. new text end 152.6     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 152.7     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 152.8 new text begin any person directly or indirectly controlling, controlled by, or under common control new text end 152.9 new text begin with another person. new text end 152.10     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 152.11 new text begin agreement" means the written contract between the debt management services provider new text end 152.12 new text begin and the debtor. new text end 152.13     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 152.14 new text begin means the debtor's individualized package of debt management services set forth in the new text end 152.15 new text begin debt management services agreement. new text end 152.16     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 152.17 new text begin provider" means any person offering or providing debt management services to a debtor new text end 152.18 new text begin domiciled in this state, regardless of whether or not a fee is charged for the services and new text end 152.19 new text begin regardless of whether the person maintains a physical presence in the state. This term does new text end 152.20 new text begin not include services performed by the following when engaged in the regular course of new text end 152.21 new text begin their respective businesses and professions: new text end 152.22     new text begin (1) attorneys at law, escrow agents, accountants, broker-dealers in securities; new text end 152.23     new text begin (2) state or national banks, trust companies, savings associations, title insurance new text end 152.24 new text begin companies, insurance companies, and all other lending institutions duly authorized to new text end 152.25 new text begin transact business in Minnesota, provided no fee is charged for the service; new text end 152.26     new text begin (3) persons who, as employees on a regular salary or wage of an employer not new text end 152.27 new text begin engaged in the business of debt management, perform credit services for their employer; new text end 152.28     new text begin (4) public officers acting in their official capacities and persons acting as a debt new text end 152.29 new text begin management services provider pursuant to court order; new text end 152.30     new text begin (5) any person while performing services incidental to the dissolution, winding up, new text end 152.31 new text begin or liquidation of a partnership, corporation, or other business enterprise; new text end 152.32     new text begin (6) the state, its political subdivisions, public agencies, and their employees; new text end 152.33     new text begin (7) credit unions and collection agencies, provided no fee is charged for the service; new text end 152.34     new text begin (8) "qualified organizations" designated as representative payees for purposes of the new text end 152.35 new text begin Social Security and Supplemental Security Income Representative Payee System and the new text end 152.36 new text begin federal Omnibus Budget Reconciliation Act of 1990, Public Law 101-508; and new text end 153.1     new text begin (9) accelerated mortgage payment providers. "Accelerated mortgage payment new text end 153.2 new text begin providers" are persons who, after satisfying the requirements of sections 332.30 to new text end 153.3 new text begin 332.303, receive funds to make mortgage payments to a lender or lenders, on behalf new text end 153.4 new text begin of mortgagors, in order to exceed regularly scheduled minimum payment obligations new text end 153.5 new text begin under the terms of the indebtedness. The term does not include: (i) persons or entities new text end 153.6 new text begin described in clauses (1) to (8); (ii) mortgage lenders or servicers, industrial loan and new text end 153.7 new text begin thrift companies, or regulated lenders under chapter 56; or (iii) persons authorized to new text end 153.8 new text begin make loans under section 47.20, subdivision 1. For purposes of this clause and sections new text end 153.9 new text begin 332.30 to 332.303, "lender" means the original lender or that lender's assignee, whichever new text end 153.10 new text begin is the current mortgage holder. new text end 153.11     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 153.12 new text begin provision of any one or more of the following: new text end 153.13     new text begin (1) managing the financial affairs of an individual by distributing income or money new text end 153.14 new text begin to the individual's creditors; new text end 153.15     new text begin (2) receiving funds for the purpose of distributing the funds among creditors in new text end 153.16 new text begin payment or partial payment of obligations of a debtor; or new text end 153.17     new text begin (3) settling, adjusting, prorating, pooling, or liquidating the indebtedness of a debtor. new text end 153.18 new text begin Any person so engaged or holding out as so engaged is deemed to be engaged in the new text end 153.19 new text begin provision of debt management services regardless of whether or not a fee is charged for new text end 153.20 new text begin such services. new text end 153.21     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 153.22 new text begin is performed. new text end 153.23     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 153.24 new text begin or corporation. new text end 153.25     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 153.26 new text begin commissioner pursuant to this chapter and, where used in conjunction with an act or new text end 153.27 new text begin omission required or prohibited by this chapter, shall mean any person performing debt new text end 153.28 new text begin management services. new text end 153.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 153.30    Sec. 56. new text begin [332A.03] REQUIREMENT OF REGISTRATION. new text end 153.31     new text begin On or after August 1, 2007, it is unlawful for any person, whether or not located in new text end 153.32 new text begin this state, to operate as a debt management services provider or provide debt management new text end 153.33 new text begin services, including but not limited to offering, advertising, or executing or causing to new text end 153.34 new text begin be executed any debt management services or debt management services agreement, new text end 153.35 new text begin except as authorized by law without first becoming registered as provided in this new text end 154.1 new text begin chapter. A person who possesses a valid license as a debt prorater that was issued by the new text end 154.2 new text begin commissioner before August 1, 2007, is deemed to be registered as a debt management new text end 154.3 new text begin services provider until the date the debt prorater license expires, at which time the licensee new text end 154.4 new text begin must obtain a renewal as a debt management services provider in compliance with this new text end 154.5 new text begin chapter. Debt proraters who were not required to be licensed as debt proraters before new text end 154.6 new text begin August 1, 2007, may continue to provide debt management services without complying new text end 154.7 new text begin with this chapter to those debtors who entered into a contract to participate in a debt new text end 154.8 new text begin management plan before August 1, 2007, except that the debt prorater must comply with new text end 154.9 new text begin section 332A.13, subdivision 2. new text end 154.10 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 154.11    Sec. 57. new text begin [332A.04] REGISTRATION. new text end 154.12     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 154.13 new text begin services provider in this state must be made in writing to the commissioner, under oath, in new text end 154.14 new text begin the form prescribed by the commissioner, and must contain: new text end 154.15     new text begin (1) the full name of each principal of the entity applying; new text end 154.16     new text begin (2) the address, which must not be a post office box, and the telephone number and, new text end 154.17 new text begin if applicable, e-mail address, of the applicant; new text end 154.18     new text begin (3) identification of the trust account required under section 332A.13; new text end 154.19     new text begin (4) consent to the jurisdiction of the courts of this state; new text end 154.20     new text begin (5) the name and address of the registered agent authorized to accept service of new text end 154.21 new text begin process on behalf of the applicant or appointment of the commissioner as the applicant's new text end 154.22 new text begin agent for purposes of accepting service of process; new text end 154.23     new text begin (6) disclosure of: new text end 154.24     new text begin (i) whether any controlling or affiliated party has ever been convicted of a crime new text end 154.25 new text begin or found civilly liable for an offense involving moral turpitude, including forgery, new text end 154.26 new text begin embezzlement, obtaining money under false pretenses, larceny, extortion, conspiracy to new text end 154.27 new text begin defraud, or any other similar offense or violation, or any violation of a federal or state law new text end 154.28 new text begin or regulation in connection with activities relating to the rendition of debt management new text end 154.29 new text begin services or involving any consumer fraud, false advertising, deceptive trade practices, or new text end 154.30 new text begin similar consumer protection law; new text end 154.31     new text begin (ii) any judgments, private or public litigation, tax liens, written complaints, new text end 154.32 new text begin administrative actions, or investigations by any government agency against the applicant new text end 154.33 new text begin or any officer, director, manager, or shareholder owning more than five percent interest new text end 154.34 new text begin in the applicant, unresolved or otherwise, filed or otherwise commenced within the new text end 154.35 new text begin preceding ten years; new text end 155.1     new text begin (iii) whether the applicant or any person employed by the applicant has had a record new text end 155.2 new text begin of having defaulted in the payment of money collected for others, including the discharge new text end 155.3 new text begin of debts through bankruptcy proceedings; and new text end 155.4     new text begin (iv) whether the applicant's license or registration to provide debt management new text end 155.5 new text begin services in any other state has ever been revoked or suspended; new text end 155.6     new text begin (7) a copy of the applicant's standard debt management services agreement that the new text end 155.7 new text begin applicant intends to execute with debtors; new text end 155.8     new text begin (8) proof of accreditation of: new text end 155.9     new text begin (i) the debt management services provider; and new text end 155.10     new text begin (ii) all individuals employed by, under contract with, or otherwise agents of the new text end 155.11 new text begin provider who offer to provide or provide debt management services; and new text end 155.12     new text begin (9) any other information and material as the commissioner may require. new text end 155.13     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 new text end 155.14 new text begin force and effect for one calendar year or until it is surrendered by the licensee or revoked new text end 155.15 new text begin or suspended by the commissioner. The registration is limited solely to the business new text end 155.16 new text begin of providing debt management services. new text end 155.17     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 155.18 new text begin $1,000 as a registration fee. new text end 155.19     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 155.20 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 155.21 new text begin determined by the commissioner but not less than $5,000, and in which an insurance new text end 155.22 new text begin company, which is duly authorized by the state of Minnesota to transact the business of new text end 155.23 new text begin fidelity and surety insurance, shall be a surety. However, the commissioner may accept new text end 155.24 new text begin a deposit in cash, or securities that may legally be purchased by savings banks or for new text end 155.25 new text begin trust funds of an aggregate market value equal to the bond requirement, in lieu of the new text end 155.26 new text begin surety bond. The cash or securities must be deposited with the commissioner of finance. new text end 155.27 new text begin The commissioner may also require a fidelity bond in an appropriate amount covering new text end 155.28 new text begin employees of any applicant. Each branch office or additional place of business of an new text end 155.29 new text begin applicant must be bonded as provided in this subdivision. In determining the bond amount new text end 155.30 new text begin necessary for the maintenance of any office, whether it is a surety bond, fidelity bond, or new text end 155.31 new text begin both, the commissioner shall consider the financial responsibility, experience, character, new text end 155.32 new text begin and general fitness of the debt management services provider and its operators and owners; new text end 155.33 new text begin the volume of business handled or proposed to be handled; the location of the office new text end 155.34 new text begin and the geographical area served or proposed to be served; and other information the new text end 155.35 new text begin commissioner may deem pertinent based upon past performance, previous examinations, new text end 155.36 new text begin annual reports, and manner of business conducted in other states. new text end 156.1     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 156.2 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 156.3 new text begin obligor arising out of the obligor's activities as a debt management services provider to new text end 156.4 new text begin a debtor domiciled in this state. The bond must be conditioned that the obligor will not new text end 156.5 new text begin commit any fraudulent act and will faithfully conform to and abide by the provisions of new text end 156.6 new text begin this chapter and of all rules lawfully made by the commissioner under this chapter and new text end 156.7 new text begin pay to the state and to any such person or persons any and all money that may become new text end 156.8 new text begin due or owing to the state or to such person or persons from the obligor under and by new text end 156.9 new text begin virtue of this chapter. new text end 156.10     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 156.11 new text begin or distribute to the debtor's creditors the amounts required by this chapter and the debt new text end 156.12 new text begin management services agreement between the debtor and registrant, the debtor or the new text end 156.13 new text begin debtor's legal representative or receiver, the commissioner, or the attorney general, shall new text end 156.14 new text begin have, in addition to all other legal remedies, a right of action in the name of the debtor new text end 156.15 new text begin on the bond or the security given under this section, for loss suffered by the debtor, not new text end 156.16 new text begin exceeding the face amount of the bond or security, and without the necessity of joining new text end 156.17 new text begin the registrant in the suit or action. new text end 156.18     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 156.19 new text begin management services providers. The list must be made available to the public in written new text end 156.20 new text begin form upon request and on the Department of Commerce Web site. new text end 156.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 156.22    Sec. 58. new text begin [332A.05] NONASSIGNMENT OF REGISTRATION. new text end 156.23     new text begin A registration must not be transferred or assigned without the consent of the new text end 156.24 new text begin commissioner. new text end 156.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 156.26    Sec. 59. new text begin [332A.06] RENEWAL OF REGISTRATION. new text end 156.27     new text begin Each year, each registrant under the provisions of this chapter must, not more than new text end 156.28 new text begin 60 nor less than 30 days before its registration is to expire, apply to the commissioner for new text end 156.29 new text begin renewal of its registration on a form prescribed by the commissioner. The application must new text end 156.30 new text begin be signed by the registrant under penalty of perjury, contain current information on all new text end 156.31 new text begin matters required in the original application, and be accompanied by a payment of $250. new text end 156.32 new text begin The registrant must maintain a continuous surety bond that satisfies the requirements of new text end 156.33 new text begin section 332A.04, subdivision 4, provided that the commissioner may require a different new text end 157.1 new text begin amount that is at least equal to the largest amount that has accrued in the registrant's trust new text end 157.2 new text begin account during the previous year. The renewal is effective for one year. new text end 157.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 157.4    Sec. 60. new text begin [332A.07] OTHER DUTIES OF REGISTRANT. new text end 157.5     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 157.6 new text begin information required by this chapter provided in its original or renewal application not new text end 157.7 new text begin later than 90 days after the date the events precipitating the update occurred. new text end 157.8     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 157.9 new text begin copy of its registration in its files. The registrant must allow a debtor, upon request, to new text end 157.10 new text begin inspect the registration. new text end 157.11 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 157.12    Sec. 61. new text begin [332A.08] DENIAL OF REGISTRATION. new text end 157.13     new text begin The commissioner, with notice to the applicant by certified mail sent to the address new text end 157.14 new text begin listed on the application, may deny an application for a registration upon finding that new text end 157.15 new text begin the applicant: new text end 157.16     new text begin (1) has submitted an application required under section 332A.04 that contains new text end 157.17 new text begin incorrect, misleading, incomplete, or materially untrue information. An application is new text end 157.18 new text begin incomplete if it does not include all the information required in section 332A.04; new text end 157.19     new text begin (2) has failed to pay any fee or pay or maintain any bond required by this chapter, new text end 157.20 new text begin or failed to comply with any order, decision, or finding of the commissioner made under new text end 157.21 new text begin and within the authority of this chapter; new text end 157.22     new text begin (3) has violated any provision of this chapter or any rule or direction lawfully made new text end 157.23 new text begin by the commissioner under and within the authority of this chapter; new text end 157.24     new text begin (4) or any controlling or affiliated party has ever been convicted of a crime or found new text end 157.25 new text begin civilly liable for an offense involving moral turpitude, including forgery, embezzlement, new text end 157.26 new text begin obtaining money under false pretenses, larceny, extortion, conspiracy to defraud, or any new text end 157.27 new text begin other similar offense or violation, or any violation of a federal or state law or regulation new text end 157.28 new text begin in connection with activities relating to the rendition of debt management services or new text end 157.29 new text begin any consumer fraud, false advertising, deceptive trade practices, or similar consumer new text end 157.30 new text begin protection law; new text end 157.31     new text begin (5) has had a registration or license previously revoked or suspended in this state or new text end 157.32 new text begin any other state or the applicant or licensee has been permanently or temporarily enjoined new text end 157.33 new text begin by any court of competent jurisdiction from engaging in or continuing any conduct or new text end 158.1 new text begin practice involving any aspect of the debt management services provider business; or new text end 158.2 new text begin any controlling or affiliated party has been an officer, director, manager, or shareholder new text end 158.3 new text begin owning more than a ten percent interest in a debt management services provider whose new text end 158.4 new text begin registration has previously been revoked or suspended in this state or any other state, or new text end 158.5 new text begin who has been permanently or temporarily enjoined by any court of competent jurisdiction new text end 158.6 new text begin from engaging in or continuing any conduct or practice involving any aspect of the debt new text end 158.7 new text begin management services provider business; new text end 158.8     new text begin (6) has made any false statement or representation to the commissioner; new text end 158.9     new text begin (7) is insolvent; new text end 158.10     new text begin (8) refuses to fully comply with an investigation or examination of the debt new text end 158.11 new text begin management services provider by the commissioner; new text end 158.12     new text begin (9) has improperly withheld, misappropriated, or converted any money or properties new text end 158.13 new text begin received in the course of doing business; new text end 158.14     new text begin (10) has failed to have a trust account with an actual cash balance equal to or greater new text end 158.15 new text begin than the sum of the escrow balances of each debtor's account; new text end 158.16     new text begin (11) has defaulted in making payments to creditors on behalf of debtors as required new text end 158.17 new text begin by agreements between the provider and debtor; or new text end 158.18     new text begin (12) has used fraudulent, coercive, or dishonest practices, or demonstrated new text end 158.19 new text begin incompetence, untrustworthiness, or financial irresponsibility in this state or elsewhere. new text end 158.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 158.21    Sec. 62. new text begin [332A.09] SUSPENDING, REVOKING, OR REFUSING TO RENEW new text end 158.22 new text begin REGISTRATION. new text end 158.23     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 158.24 new text begin to renew any registration issued under this chapter, or may levy a civil penalty under new text end 158.25 new text begin section 45.027, or any combination of actions, if the debt management services provider new text end 158.26 new text begin or any controlling or affiliated person has committed any act or omission for which the new text end 158.27 new text begin commissioner could have refused to issue an initial registration or renew an existing new text end 158.28 new text begin registration. Revocation of or refusal to renew a registration must be upon notice and new text end 158.29 new text begin hearing as prescribed in the Administrative Procedure Act, sections 14.57 to 14.69. The new text end 158.30 new text begin notice must set a time for hearing before the commissioner not less than 20 nor more than new text end 158.31 new text begin 30 days after service of the notice, provided the registrant may waive the 20-day minimum. new text end 158.32 new text begin The commissioner may, in the notice, suspend the registration for a period not to exceed 60 new text end 158.33 new text begin days. Unless the notice states that the registration is suspended, pending the determination new text end 158.34 new text begin of the main issue, the registrant may continue to transact business until the final decision of new text end 158.35 new text begin the commissioner. If the registration is suspended, the commissioner shall hold a hearing new text end 159.1 new text begin and render a final determination within ten days of a request by the registrant. If the new text end 159.2 new text begin commissioner fails to do so, the suspension shall terminate and be of no force or effect. new text end 159.3     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 159.4 new text begin in subdivision 1, upon issuing an order suspending or revoking a registration or refusing to new text end 159.5 new text begin renew a registration, the commissioner may notify all individuals who have contracts with new text end 159.6 new text begin the affected registrant and all creditors who have agreed to a debt management services new text end 159.7 new text begin plan that the registration has been revoked and that the order is subject to appeal. new text end 159.8     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 159.9 new text begin revoking or refusing to renew a registration, the commissioner may apply for, and the new text end 159.10 new text begin district court must appoint, a receiver to temporarily or permanently receive the assets of new text end 159.11 new text begin the registrant pending a final determination of the validity of the order. new text end 159.12 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 159.13    Sec. 63. new text begin [332A.10] WRITTEN DEBT MANAGEMENT SERVICES new text end 159.14 new text begin AGREEMENT. new text end 159.15     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 159.16 new text begin may not perform any debt management services or receive any money related to a debt new text end 159.17 new text begin management plan until the provider has obtained a debt management services agreement new text end 159.18 new text begin that contains all terms of the agreement between the debt management services provider new text end 159.19 new text begin and the debtor. A debt management services agreement must be in writing, dated, and new text end 159.20 new text begin signed by the debt management services provider and the debtor. The registrant must new text end 159.21 new text begin furnish the debtor with a copy of the signed contract upon execution. new text end 159.22     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 159.23 new text begin management services for a debtor unless the person first has: new text end 159.24     new text begin (1) provided the debtor individualized counseling and educational information new text end 159.25 new text begin that, at a minimum, addresses managing household finances, managing credit and debt, new text end 159.26 new text begin budgeting, and personal savings strategies; new text end 159.27     new text begin (2) prepared in writing and provided to the debtor, in a form that the debtor may new text end 159.28 new text begin keep, an individualized financial analysis and a proposed debt management plan listing the new text end 159.29 new text begin debtor's known debts with specific recommendations regarding actions the debtor should new text end 159.30 new text begin take to reduce or eliminate the amount of the debts, including written disclosure that new text end 159.31 new text begin debt management services are not suitable for all debtors and that there are other ways, new text end 159.32 new text begin including bankruptcy, to deal with indebtedness; new text end 159.33     new text begin (3) made a determination supported by an individualized financial analysis that the new text end 159.34 new text begin debtor can reasonably meet the requirements of the proposed debt management plan new text end 160.1 new text begin and that there is a net tangible benefit to the debtor of entering into the proposed debt new text end 160.2 new text begin management plan; and new text end 160.3     new text begin (4) prepared, in a form the debtor may keep, a written list identifying all known new text end 160.4 new text begin creditors of the debtor that the provider reasonably expects to participate in the plan new text end 160.5 new text begin and the creditors, including secured creditors, that the provider reasonably expects not new text end 160.6 new text begin to participate. new text end 160.7     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 160.8 new text begin contain the following terms, which must be disclosed prominently and clearly in bold print new text end 160.9 new text begin on the front page of the agreement, segregated by bold lines from all other information on new text end 160.10 new text begin the page: new text end 160.11     new text begin (1) the fee amount to be paid by the debtor and whether the initial fee amount is new text end 160.12 new text begin refundable or nonrefundable; new text end 160.13     new text begin (2) the monthly fee amount or percentage to be paid by the debtor; and new text end 160.14     new text begin (3) the total amount of fees reasonably anticipated to be paid by the debtor over new text end 160.15 new text begin the term of the agreement. new text end 160.16     new text begin (b) Each debt management services agreement must also contain the following: new text end 160.17     new text begin (1) a disclosure that if the amount of debt owed is increased by interest, late fees, new text end 160.18 new text begin over the limit fees, and other amounts imposed by the creditors, the length of the debt new text end 160.19 new text begin management services agreement will be extended and remain in force and that the total new text end 160.20 new text begin dollar charges agreed upon may increase at the rate agreed upon in the original contract new text end 160.21 new text begin agreement; new text end 160.22     new text begin (2) a prominent statement describing the terms upon which the debtor may cancel new text end 160.23 new text begin the contract as set forth in section 332A.11; new text end 160.24     new text begin (3) a detailed description of all services to be performed by the debt management new text end 160.25 new text begin services provider for the debtor; new text end 160.26     new text begin (4) the debt management services provider's refund policy; and new text end 160.27     new text begin (5) the debt management services provider's principal business address and the name new text end 160.28 new text begin and address of its agent in this state authorized to receive service of process. new text end 160.29     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 160.30 new text begin management services agreement: new text end 160.31     new text begin (1) a hold harmless clause; new text end 160.32     new text begin (2) a confession of judgment, or a power of attorney to confess judgment against the new text end 160.33 new text begin debtor or appear as the debtor in any judicial proceeding; new text end 160.34     new text begin (3) a waiver of the right to a jury trial, if applicable, in any action brought by new text end 160.35 new text begin or against a debtor; new text end 161.1     new text begin (4) an assignment of or an order for payment of wages or other compensation for new text end 161.2 new text begin services; new text end 161.3     new text begin (5) a provision in which the debtor agrees not to assert any claim or defense arising new text end 161.4 new text begin out of the debt management services agreement; new text end 161.5     new text begin (6) a waiver of any provision of this chapter or a release of any obligation required new text end 161.6 new text begin to be performed on the part of the debt management services provider; or new text end 161.7     new text begin (7) a mandatory arbitration clause. new text end 161.8     new text begin Subd. 5. new text end new text begin New debt management services agreements; modification of existing new text end 161.9 new text begin agreements. new text end new text begin (a) Separate and additional debt management services agreements that new text end 161.10 new text begin comply with this chapter may be entered into by the debt management services provider new text end 161.11 new text begin and the debtor provided that no additional initial fee may be charged by the debt new text end 161.12 new text begin management services provider. new text end 161.13     new text begin (b) Any modification of an existing debt management services agreement, including new text end 161.14 new text begin any increase in the number or amount of debts included in the debt management service, new text end 161.15 new text begin must be in writing and signed by both parties. No fees, charges, or other consideration new text end 161.16 new text begin may be demanded from the debtor for the modification, other than an increase in the new text end 161.17 new text begin amount of the monthly maintenance fee established in the original debt management new text end 161.18 new text begin services agreement. new text end 161.19 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 161.20    Sec. 64. new text begin [332A.11] RIGHT TO CANCEL. new text end 161.21     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 161.22 new text begin management services agreement without cause at any time upon ten days' written notice to new text end 161.23 new text begin the debt management services provider. In the event of cancellation, the debt management new text end 161.24 new text begin services provider must, within ten days of the cancellation, notify the debtor's creditors of new text end 161.25 new text begin the cancellation and provide a refund of all unexpended funds paid by or for the debtor to new text end 161.26 new text begin the debt management services provider. new text end 161.27     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 161.28 new text begin agreement must contain, on its face, in an easily readable typeface immediately adjacent new text end 161.29 new text begin to the space for signature by the debtor, the following notice: "Right To Cancel: You have new text end 161.30 new text begin the right to cancel this contract at any time on ten days' written notice." new text end 161.31     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 161.32 new text begin fees, the debt management services agreement must automatically terminate, and all new text end 161.33 new text begin unexpended funds paid by or for the debtor to the debt management services provider new text end 161.34 new text begin must be immediately returned to the debtor. new text end 162.1     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 162.2 new text begin management services provider may cancel a debt management services agreement new text end 162.3 new text begin with good cause upon 30 days' written notice to the debtor. Within ten days after the new text end 162.4 new text begin cancellation, the debt management services provider must: (1) notify the debtor's creditors new text end 162.5 new text begin of the cancellation; and (2) return to the debtor all unexpended funds paid by or for the new text end 162.6 new text begin debtor. new text end 162.7 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 162.8    Sec. 65. new text begin [332A.12] BOOKS, RECORDS, AND INFORMATION. new text end 162.9     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 162.10 new text begin registrant's business, such books, accounts, and records, including electronic records, as new text end 162.11 new text begin will enable the commissioner to determine whether the registrant is complying with this new text end 162.12 new text begin chapter and of the rules, orders, and directives adopted by the commissioner under this new text end 162.13 new text begin chapter. Every registrant must preserve such books, accounts, and records for at least six new text end 162.14 new text begin years after making the final entry on any transaction recorded therein. Examinations of new text end 162.15 new text begin the books, records, and method of operations conducted under the supervision of the new text end 162.16 new text begin commissioner shall be done at the cost of the registrant. The cost must be assessed as new text end 162.17 new text begin determined under section 46.131. new text end 162.18     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 162.19 new text begin available records and accounts that will enable each debtor to ascertain the amounts new text end 162.20 new text begin paid to the creditors of the debtor. A statement showing amounts received from the new text end 162.21 new text begin debtor, disbursements to each creditor, amounts which any creditor has agreed to accept new text end 162.22 new text begin as payment in full for any debt owed the creditor by the debtor, charges deducted by new text end 162.23 new text begin the registrant, and such other information as the commissioner may prescribe, must be new text end 162.24 new text begin furnished by the registrant to the debtor at least monthly and, in addition, upon any new text end 162.25 new text begin cancellation or termination of the contract. In addition to the statements required by this new text end 162.26 new text begin subdivision, each debtor must have reasonable access, without cost, by electronic or other new text end 162.27 new text begin means, to information in the registrant's files applicable to the debtor. These statements, new text end 162.28 new text begin records, and accounts must otherwise remain confidential except for duly authorized state new text end 162.29 new text begin and government officials, the commissioner, the attorney general, the debtor, and the new text end 162.30 new text begin debtor's representative and designees. Each registrant must prepare and retain in the file of new text end 162.31 new text begin each debtor a written analysis of the debtor's income and expenses to substantiate that the new text end 162.32 new text begin plan of payment is feasible and practicable. new text end 162.33 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 163.1    Sec. 66. new text begin [332A.13] FEES, PAYMENTS, AND CONSENT OF CREDITORS. new text end 163.2     new text begin Subdivision 1. new text end new text begin Origination fee; credit background report cost. new text end new text begin The registrant new text end 163.3 new text begin may charge a nonrefundable origination fee of not more than $50, which may be retained new text end 163.4 new text begin by the registrant from the initial amount paid by the debtor to the registrant. new text end 163.5     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 163.6 new text begin account maintenance or other purposes, but only if the fee is reasonable for the services new text end 163.7 new text begin provided and does exceed the lesser of 15 percent of the monthly payment amount or $75. new text end 163.8     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 163.9 new text begin other charge or receive any funds or other payment other than the initial fee or monthly new text end 163.10 new text begin maintenance fee authorized by this section. new text end 163.11     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 163.12 new text begin payment for the fees authorized by this section no more than 15 percent of any periodic new text end 163.13 new text begin payment made to the registrant by the debtor. The remaining 85 percent must be disbursed new text end 163.14 new text begin to listed creditors under and in accordance with the debt management services agreement. new text end 163.15 new text begin No fees or charges may be received or retained by the registrant for any handling of new text end 163.16 new text begin recurring payments. Recurring payments include current rent, mortgage, utility, telephone, new text end 163.17 new text begin maintenance as defined in section 518.27, child support, insurance premiums, and such new text end 163.18 new text begin other payments as the commissioner may by rule prescribe. new text end 163.19     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 163.20 new text begin any payments by the debtor made more than the following number of days in advance new text end 163.21 new text begin of the date specified in the debt management services agreement on which they are due: new text end 163.22 new text begin (1) 42 days in the case of contracts requiring monthly payments; (2) 15 days in the case new text end 163.23 new text begin of agreements requiring biweekly payments; or (3) seven days in the case of agreements new text end 163.24 new text begin requiring weekly payments. For those agreements which do not require payments in new text end 163.25 new text begin specified amounts, a payment is deemed an advance payment to the extent it exceeds new text end 163.26 new text begin twice the average regular payment previously made by the debtor under that contract. This new text end 163.27 new text begin subdivision does not apply when the debtor intends to use the advance payments to satisfy new text end 163.28 new text begin future payment of obligations due within 30 days under the contract. This subdivision new text end 163.29 new text begin supersedes any inconsistent provision of this chapter. new text end 163.30     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 163.31 new text begin of all creditors to the debt management services plan set forth in the debt management new text end 163.32 new text begin services agreement. Consent by a creditor may be express and in writing, or may be new text end 163.33 new text begin evidenced by acceptance of a payment made under the debt management services plan new text end 163.34 new text begin set forth in the contract. The registrant must notify the debtor within ten days after any new text end 163.35 new text begin failure to obtain the required consent and of the debtor's right to cancel without penalty. new text end 163.36 new text begin The notice must be in a form as the commissioner shall prescribe. Nothing contained in new text end 164.1 new text begin this section is deemed to require the return of any origination fee and any fees earned by new text end 164.2 new text begin the registrant prior to cancellation or default. new text end 164.3     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 164.4 new text begin management services plan, or refuses to participate in a debt management services plan, new text end 164.5 new text begin the registrant must promptly notify the debtor of the withdrawal or refusal. In no case new text end 164.6 new text begin may this notice be provided more than 15 days after the debt management services plan new text end 164.7 new text begin learns of the creditor's decision to withdraw from or refuse to participate in a plan. This new text end 164.8 new text begin notice must include the identity of the creditor withdrawing from the plan, the amount of new text end 164.9 new text begin the monthly payment to that creditor, and the right of the debtor to cancel the agreement new text end 164.10 new text begin under section 332A.11. new text end 164.11     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 164.12 new text begin account and deposit in the account all payments received from the moment that they are new text end 164.13 new text begin received, except that the registrant may commingle the payment with the registrant's new text end 164.14 new text begin own property or funds, but only to the extent necessary to ensure the maintenance of a new text end 164.15 new text begin minimum balance if the financial institution at which the trust account is held requires new text end 164.16 new text begin a minimum balance to avoid the assessment of fees or penalties for failure to maintain new text end 164.17 new text begin a minimum balance. All disbursements, whether to the debtor or to the creditors of the new text end 164.18 new text begin debtor, or to the registrant, must be made from such account. new text end 164.19     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 new text end 164.20 new text begin paid by or on behalf of a debtor to creditors of the consumer within 42 days after receipt new text end 164.21 new text begin of the funds, or earlier if necessary to comply with the due date in the contract between new text end 164.22 new text begin the debtor and the creditor, unless the reasonable payment of one or more of the debtor's new text end 164.23 new text begin obligations requires that the funds be held for a longer period so as to accumulate a sum new text end 164.24 new text begin certain, or where the debtor's payment is returned for insufficient funds or other reason new text end 164.25 new text begin that makes the withholding of such payments in the net interest of the debtor. new text end 164.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 164.27    Sec. 67. new text begin [332A.14] PROHIBITIONS. new text end 164.28     new text begin A registrant shall not: new text end 164.29     new text begin (1) purchase from a creditor any obligation of a debtor; new text end 164.30     new text begin (2) use, threaten to use, seek to have used, or seek to have threatened the use of any new text end 164.31 new text begin legal process, including but not limited to garnishment and repossession of personal new text end 164.32 new text begin property, against any debtor while the debt management services agreement between the new text end 164.33 new text begin registrant and the debtor remains executory; new text end 164.34     new text begin (3) advise a debtor to stop paying a creditor until a debt management services plan is new text end 164.35 new text begin in place; new text end 165.1     new text begin (4) require as a condition of performing debt management services the purchase of new text end 165.2 new text begin any services, stock, insurance, commodity, or other property or any interest therein either new text end 165.3 new text begin by the debtor or the registrant; new text end 165.4     new text begin (5) compromise any debts unless the prior written approval of the debtor has been new text end 165.5 new text begin obtained to such compromise and unless such compromise inures solely to the benefit new text end 165.6 new text begin of the debtor; new text end 165.7     new text begin (6) receive from any debtor as security or in payment of any fee a promissory note new text end 165.8 new text begin or other promise to pay or any mortgage or other security, whether as to real or personal new text end 165.9 new text begin property; new text end 165.10     new text begin (7) lend money or provide credit to any debtor if any interest or fee is charged, new text end 165.11 new text begin or directly or indirectly collect any fee for referring, advising, procuring, arranging, or new text end 165.12 new text begin assisting a consumer in obtaining any extension of credit or other debtor service from a new text end 165.13 new text begin lender or services provider; new text end 165.14     new text begin (8) structure a debt management services agreement that would result in negative new text end 165.15 new text begin amortization of any debt in the plan; new text end 165.16     new text begin (9) engage in any unfair, deceptive, or unconscionable act or practice in connection new text end 165.17 new text begin with any service provided to any debtor; new text end 165.18     new text begin (10) offer, pay, or give any material cash fee, gift, bonus, premium, reward, or other new text end 165.19 new text begin compensation to any person for referring any prospective customer to the registrant or for new text end 165.20 new text begin enrolling a debtor in a debt management services plan, or provide any other incentives new text end 165.21 new text begin for employees or agents of the debt management services provider to induce debtors to new text end 165.22 new text begin enter into a debt management plan; new text end 165.23     new text begin (11) receive any cash, fee, gift, bonus, premium, reward, or other compensation new text end 165.24 new text begin from any person other than the debtor or a person on the debtor's behalf in connection new text end 165.25 new text begin with activities as a registrant, provided that this paragraph does not apply to a registrant new text end 165.26 new text begin which is a bona fide nonprofit corporation duly organized under chapter 317A or under new text end 165.27 new text begin the similar laws of another state; new text end 165.28     new text begin (12) enter into a contract with a debtor unless a thorough written budget analysis new text end 165.29 new text begin indicates that the debtor can reasonably meet the requirements of the financial adjustment new text end 165.30 new text begin plan and will be benefited by the plan; new text end 165.31     new text begin (13) in any way charge or purport to charge or provide any debtor credit insurance in new text end 165.32 new text begin conjunction with any contract or agreement involved in the debt management services new text end 165.33 new text begin plan; new text end 165.34     new text begin (14) operate or employ a person who is an employee or owner of a collection agency new text end 165.35 new text begin or process-serving business; or new text end 166.1     new text begin (15) require or attempt to require payment of a sum that the registrant states, new text end 166.2 new text begin discloses, or advertises to be a voluntary contribution from the debtor. new text end 166.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 166.4    Sec. 68. new text begin [332A.16] ADVERTISEMENT OF DEBT MANAGEMENT SERVICES new text end 166.5 new text begin PLANS. new text end 166.6     new text begin No debt management services provider may make false, deceptive, or misleading new text end 166.7 new text begin statements or omissions about the rates, terms, or conditions of an actual or proposed new text end 166.8 new text begin debt management services plan or its debt management services, or create the likelihood new text end 166.9 new text begin of consumer confusion or misunderstanding regarding its services, including but not new text end 166.10 new text begin limited to the following: new text end 166.11     new text begin (1) represent that the debt management services provider is a nonprofit, not-for-profit, new text end 166.12 new text begin or has similar status or characteristics if some or all of the debt management services will new text end 166.13 new text begin be provided by a for-profit company that is a controlling or affiliated party to the debt new text end 166.14 new text begin management services provider; or new text end 166.15     new text begin (2) make any communication that gives the impression that the debt management new text end 166.16 new text begin services provider is acting on behalf of a government agency. new text end 166.17 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 166.18    Sec. 69. new text begin [332A.17] DEBT MANAGEMENT SERVICES AGREEMENT new text end 166.19 new text begin RESCISSION. new text end 166.20     new text begin Any debtor has the right to rescind any debt management services agreement with new text end 166.21 new text begin a debt management services provider that commits a material violation of this chapter. new text end 166.22 new text begin On rescission, all fees paid to the debt management services provider or any other person new text end 166.23 new text begin other than creditors of the debtor must be returned to the debtor entering into the debt new text end 166.24 new text begin management services agreement within ten days of rescission of the debt management new text end 166.25 new text begin services agreement. new text end 166.26 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 166.27    Sec. 70. new text begin [332A.18] ENFORCEMENT; REMEDIES. new text end 166.28     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 166.29 new text begin of this chapter is considered an unfair or deceptive trade practice under section 8.31, new text end 166.30 new text begin subdivision 1. A private right of action under section 8.31 by an aggrieved debtor is in new text end 166.31 new text begin the public interest. new text end 167.1     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 167.2 new text begin fails to comply with any of the provisions of this chapter is liable under this section in new text end 167.3 new text begin an individual action for the sum of: (i) actual, incidental, and consequential damages new text end 167.4 new text begin sustained by the debtor as a result of the failure; and (ii) statutory damages of up to $1,000. new text end 167.5     new text begin (b) A debt management services provider who fails to comply with any of the new text end 167.6 new text begin provisions of this chapter is liable under this section in a class action for the sum of: (i) the new text end 167.7 new text begin amount that each named plaintiff could recover under paragraph (a), clause (i); and (ii) new text end 167.8 new text begin such amount as the court may allow for all other class members. new text end 167.9     new text begin (c) In determining the amount of statutory damages, the court shall consider, among new text end 167.10 new text begin other relevant factors: new text end 167.11     new text begin (1) the frequency, nature, and persistence of noncompliance; new text end 167.12     new text begin (2) the extent to which the noncompliance was intentional; and new text end 167.13     new text begin (3) in the case of a class action, the number of debtors adversely affected. new text end 167.14     new text begin (d) A plaintiff or class successful in a legal or equitable action under this section is new text end 167.15 new text begin entitled to the costs of the action, plus reasonable attorney fees. new text end 167.16     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 167.17 new text begin for temporary or permanent injunctive or other appropriate equitable relief to prevent new text end 167.18 new text begin violations of any provision of this chapter. A court must grant injunctive relief on a new text end 167.19 new text begin showing that the debt management services provider has violated any provision of this new text end 167.20 new text begin chapter, or in the case of a temporary injunction, on a showing that the debtor is likely to new text end 167.21 new text begin prevail on allegations that the debt management services provider violated any provision new text end 167.22 new text begin of this chapter. new text end 167.23     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 167.24 new text begin cumulative and do not restrict any remedy that is otherwise available. The provisions new text end 167.25 new text begin of this chapter are not exclusive and are in addition to any other requirements, rights, new text end 167.26 new text begin remedies, and penalties provided by law. new text end 167.27     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 167.28 new text begin under section 8.31. new text end 167.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 167.30    Sec. 71. new text begin [332A.19] INVESTIGATION. new text end 167.31     new text begin The commissioner may examine the books and records of every registrant and of new text end 167.32 new text begin any person engaged in the business of providing debt management services as defined in new text end 167.33 new text begin section 332A.02 at any reasonable time. The commissioner once during any calendar year new text end 167.34 new text begin may require the submission of an audit prepared by a certified public accountant of the new text end 167.35 new text begin books and records of each registrant. If the registrant has, within one year previous to the new text end 168.1 new text begin commissioner's demand, had an audit prepared for some other purpose, this audit may be new text end 168.2 new text begin submitted to satisfy the requirement of this section. The commissioner may investigate new text end 168.3 new text begin any complaint concerning violations of this chapter and may require the attendance and new text end 168.4 new text begin sworn testimony of witnesses and the production of documents. new text end 168.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective January 1, 2008. new text end 168.6    Sec. 72. new text begin LICENSE RENEWAL EXTENSION. new text end 168.7     new text begin The July 31, 2007, renewal date for mortgage originators is extended to October 30, new text end 168.8 new text begin 2007, because of the changes to the licensing requirements made by this article. new text end 168.9    Sec. 73. new text begin REPEALER. new text end 168.10 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 168.11 new text begin subdivision 1, new text end new text begin are repealed. new text end 168.12 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 168.13 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 168.14 new text begin 332.28; and 332.29, new text end new text begin are repealed effective January 1, 2008. new text end 168.15ARTICLE 6 168.16ENERGY 168.17    Section 1. new text begin [1.1499] STATE ENERGY CITY. new text end 168.18     new text begin The city of Elk River is designated as the state energy city. new text end 168.19    Sec. 2. new text begin [16C.141] EMPLOYEE SUGGESTIONS; ENERGY SAVINGS new text end 168.20 new text begin INCENTIVE PROGRAM. new text end 168.21     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 168.22 new text begin implement a program using best practices and develop policies under which state new text end 168.23 new text begin employees may receive cash awards for making suggestions that result in documented cost new text end 168.24 new text begin savings to state agencies from reduced energy usage in state-owned buildings. The cash new text end 168.25 new text begin awards must be an amount equal to half the amount of the energy costs saved by agencies new text end 168.26 new text begin in the year immediately following the implementation of the employee suggestion, up to new text end 168.27 new text begin $1,000 per suggestion. The program must include methods for documenting submission new text end 168.28 new text begin of suggestions and for documenting savings achieved as a result of these suggestions. new text end 168.29     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 168.30 new text begin the commissioner of administration, with approval of the commissioner of finance, may new text end 168.31 new text begin transfer a portion of the documented cost savings resulting from a suggestion under this new text end 169.1 new text begin section from the general services revolving fund to an energy savings reward account. new text end 169.2 new text begin Money in the energy savings reward account is appropriated to the commissioner for new text end 169.3 new text begin purposes of making cash rewards and paying the commissioner's incentive program new text end 169.4 new text begin developments costs and administrative expenses under this section. new text end 169.5     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 169.6 new text begin the chairs of the senate and house of representatives committees with jurisdiction over new text end 169.7 new text begin energy policy by January 1, 2008, on the development of the incentive program, and new text end 169.8 new text begin by January 15 each year thereafter on the implementation of this section, including the new text end 169.9 new text begin ideas submitted and energy savings realized. new text end 169.10     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 169.11 new text begin the Minnesota State Colleges and Universities, except to the extent the Board of Trustees new text end 169.12 new text begin of the Minnesota State Colleges and Universities provides that the section does apply. new text end 169.13     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 169.14    Sec. 3. Minnesota Statutes 2006, section 116C.775, is amended to read: 169.15116C.775 SHIPMENT PRIORITIES; PRAIRIE ISLAND new text begin NUCLEAR PLANTS new text end . 169.16    If a storage or disposal site becomes available outside of the state to accept 169.17high-level nuclear waste stored at Prairie Island new text begin or Monticello new text end , the waste contained in dry 169.18casks shall be shipped to that site before the shipment of any waste from the spent nuclear 169.19fuel storage pool. Once waste is shipped that was contained in a cask, the cask must be 169.20decommissioned and not used for further storage. 169.21    Sec. 4. Minnesota Statutes 2006, section 116C.777, is amended to read: 169.22116C.777 SITE. 169.23    The spent fuel contents of dry casks located on Prairie Island must be moved 169.24immediately upon the availability of another site for storage of the spent fuel that is not 169.25located on Prairie Island new text begin or at Monticello new text end . 169.26    Sec. 5. Minnesota Statutes 2006, section 116C.779, subdivision 1, is amended to read: 169.27    Subdivision 1. Renewable development account. (a) The public utility that owns 169.28the Prairie Island nuclear generating plant must transfer to a renewable development 169.29account $16,000,000 annually each year the plant is in operation, and $7,500,000 each 169.30year the plant is not in operation if ordered by the commission pursuant to paragraph 169.31(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 169.32independent spent-fuel storage facility at Prairie Island for any part of a year. Funds in the 170.1account may be expended only for development of renewable energy sources. Preference 170.2must be given to development of renewable energy source projects located within the state. 170.3    (b) new text begin The public utility that owns the Monticello nuclear generating plant must transfer new text end 170.4 new text begin to the renewable development account $500,000 annually for each dry cask containing new text end 170.5 new text begin spent nuclear fuel that is located at the independent spent fuel storage installation at the new text end 170.6 new text begin Monticello nuclear generating plant when the plant is in operation and $7,500,000 each new text end 170.7 new text begin year the plant is not in operation if ordered by the commission under paragraph (d). The new text end 170.8 new text begin fund transfer must be made if nuclear waste is stored in a dry cask at the independent spent new text end 170.9 new text begin fuel storage facility at Monticello for any part of a year. new text end 170.10     new text begin (c) new text end Expenditures from the account may only be made after approval by order of the 170.11Public Utilities Commission upon a petition by the public utility. 170.12    (c) After discontinuation of operation of the Prairie Island nuclear plant and each 170.13year new text begin (d) If new text end spent nuclear fuel is stored in new text begin a new text end dry cask at the Prairie Island facility new text begin or new text end 170.14 new text begin Monticello nuclear generating plant after the plant discontinues generating electricity new text end , the 170.15commission shall require the public utility to pay $7,500,000 for any year in which the 170.16commission finds, by the preponderance of the evidence, that the public utility did not 170.17make a good faith effort to remove the spent nuclear fuel stored at new text begin the new text end Prairie Island new text begin or new text end 170.18 new text begin Monticello plant new text end to a permanent or interim storage site out of the state. This determination 170.19shall be made at least every two years. 170.20    Sec. 6. Minnesota Statutes 2006, section 116C.779, subdivision 2, is amended to read: 170.21    Subd. 2. Renewable energy production incentive. (a) Until January 1, 2018, up to 170.22$10,900,000 new text begin $11,400,000 new text end annually must be allocated from available funds in the account 170.23to fund renewable energy production incentives new text begin and on-farm biogas recovery facility new text end 170.24 new text begin grants new text end . $9,400,000 of this annual amount is for incentives for up to 200 megawatts of 170.25electricity generated by wind energy conversion systems that are eligible for the incentives 170.26under section 216C.41. The balance of this amount, Up to $1,500,000 new text begin $1,000,000 new text end 170.27annually, may be used for production incentives for on-farm biogas recovery facilities 170.28 new text begin and landfill gas recovery facilities new text end that are eligible for the incentive under section 216C.41 170.29or for production incentives for other renewables, to be provided in the same manner 170.30as under section 216C.41. new text begin Of this amount, no more than $500,000 may be used for new text end 170.31 new text begin production incentives for landfill gas recovery facilities. Up to $1,000,000 may be used new text end 170.32 new text begin for grants for qualified on-farm biogas recovery facilities as provided in section 216C.42. new text end 170.33Any portion of the $10,900,000 new text begin $11,400,000 new text end not expended in any calendar year for the 170.34incentive is available for other spending purposes under this section. This subdivision 170.35does not create an obligation to contribute funds to the account. 171.1    (b) The Department of Commerce shall determine eligibility of projects under 171.2section 216C.41 for the purposes of this subdivision. At least quarterly, the Department of 171.3Commerce shall notify the public utility of the name and address of each eligible project 171.4owner and the amount due to each project under section 216C.41. The public utility shall 171.5make payments within 15 working days after receipt of notification of payments due. 171.6    Sec. 7. Minnesota Statutes 2006, section 216B.241, subdivision 6, is amended to read: 171.7    Subd. 6. Renewable energy research. (a) A public utility that owns a nuclear 171.8generation facility in the state shall spend five percent of the total amount that utility 171.9is required to spend under this section to support basic and applied research and 171.10demonstration activities at the University of Minnesota Initiative for Renewable Energy 171.11and the Environment for the development of renewable energy sources and technologies. 171.12The utility shall transfer the required amount to the University of Minnesota on or before 171.13July 1 of each year and that annual amount shall be deducted from the amount of money the 171.14utility is required to spend under this section. The University of Minnesota shall transfer 171.15at least ten percent of these funds to at least one rural campus or experiment station. 171.16    (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 171.17 new text begin not limited to new text end : 171.18    (1) development of environmentally sound production, distribution, and use of 171.19energy, chemicals, and materials from renewable sources; 171.20    (2) processing and utilization of agricultural and forestry plant products and other 171.21bio-based, renewable sources as a substitute for fossil-fuel-based energy, chemicals, and 171.22materials using a variety of means including biocatalysis, biorefining, and fermentation; 171.23    (3) conversion of state wind resources to hydrogen for energy storage and 171.24transportation to areas of energy demand; 171.25    (4) improvements in scalable hydrogen fuel cell technologies; and 171.26    (5) production of hydrogen from bio-based, renewable sources; and sequestration 171.27of carbon. 171.28     new text begin (1) environmentally sound production of energy from a renewable energy source new text end 171.29 new text begin including biomass; new text end 171.30     new text begin (2) environmentally sound production of hydrogen from biomass and any other new text end 171.31 new text begin renewable energy source for energy storage and energy utilization; new text end 171.32     new text begin (3) development of energy conservation and efficient energy utilization technologies; new text end 171.33     new text begin (4) energy storage technologies; and new text end 171.34     new text begin (5) analysis of policy options to facilitate adoption of technologies that use or new text end 171.35 new text begin produce a renewable energy source. new text end 172.1    (c) Notwithstanding other law to the contrary, the utility may, but is not required to, 172.2spend more than two percent of its gross operating revenues from service provided in this 172.3state under this section or section 216B.2411. 172.4    (d) new text begin For the purposes of this subdivision: new text end 172.5     new text begin (1) "renewable energy source: means hydro, wind, solar, biomass and geothermal new text end 172.6 new text begin energy, and microorganisms used as an energy source; and new text end 172.7     new text begin (2) "biomass" means plant and animal material, agricultural and forest residues, new text end 172.8 new text begin mixed municipal solid waste, and sludge from wastewater treatment. new text end 172.9     new text begin (e) new text end This subdivision expires June 30, 2008 new text begin 2010 new text end . 172.10    Sec. 8. Minnesota Statutes 2006, section 216B.812, subdivision 1, is amended to read: 172.11    Subdivision 1. Early purchase and deployment of new text begin renewable new text end hydrogen, fuel 172.12cells, and related technologies by the state. (a) The Department of Commerce new text begin , new text end in 172.13conjunction new text begin coordination new text end with the Department of Administration new text begin and the Pollution Control new text end 172.14 new text begin Agency, new text end shall identify opportunities for demonstrating the use of new text begin deploying renewable new text end 172.15hydrogen, fuel cells, and related technologies within state-owned facilities, vehicle fleets, 172.16and operations new text begin in ways that demonstrate their commercial performance and economics new text end . 172.17    (b) The Department of Commerce shall recommend to the Department of 172.18Administration, when feasible, the purchase and demonstration new text begin deployment new text end of hydrogen, 172.19fuel cells, and related technologies new text begin , when feasible, new text end in ways that strategically contribute 172.20to realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109, and 172.21which contribute to the following nonexclusive list of objectives: 172.22    (1) provide needed performance data to the marketplace; 172.23    (2) identify code and regulatory issues to be resolved; 172.24    (3) foster economic development and job creation in the state; 172.25    (4) raise public awareness of new text begin renewable new text end hydrogen, fuel cells, and related 172.26technologies; or 172.27    (5) reduce emissions of carbon dioxide and other pollutants. 172.28     new text begin (c) The Department of Commerce and the Pollution Control Agency shall also new text end 172.29 new text begin recommend to the Department of Administration changes to the state's procurement new text end 172.30 new text begin guidelines and contracts in order to facilitate the purchase and deployment of cost-effective new text end 172.31 new text begin renewable hydrogen, fuel cells, and related technologies by all levels of government. new text end 172.32    Sec. 9. Minnesota Statutes 2006, section 216B.812, subdivision 2, is amended to read: 172.33    Subd. 2. Pilot projects. (a) In consultation with appropriate representatives from 172.34state agencies, local governments, universities, businesses, and other interested parties, 173.1the Department of Commerce shall report back to the legislature by November 1, 2005, 173.2and every two years thereafter, with a slate of proposed pilot projects that contribute to 173.3realizing Minnesota's hydrogen economy goal as set forth in section 216B.8109. The 173.4Department of Commerce must consider the following nonexclusive list of priorities in 173.5developing the proposed slate of pilot projects: 173.6    (1) demonstrate new text begin deploy new text end "bridge" technologies such as hybrid-electric, off-road, and 173.7fleet vehicles running on hydrogen or fuels blended with hydrogen; 173.8    (2) develop new text begin lead to new text end cost-competitive, on-site new text begin renewable new text end hydrogen production 173.9technologies; 173.10    (3) demonstrate nonvehicle applications for hydrogen; 173.11    (4) improve the cost and efficiency of hydrogen from renewable energy sources; and 173.12    (5) improve the cost and efficiency of hydrogen production using direct solar energy 173.13without electricity generation as an intermediate step. 173.14    (b) For all demonstrations new text begin deployment projects that do not involve a demonstration new text end 173.15 new text begin component new text end , individual system components of the technology must new text begin should, if feasible, new text end meet 173.16commercial performance standards and systems modeling must be completed to predict 173.17commercial performance, risk, and synergies. In addition, the proposed pilots should meet 173.18as many of the following criteria as possible: 173.19    (1) advance energy security; 173.20    (2) capitalize on the state's native resources; 173.21    (3) result in economically competitive infrastructure being put in place; 173.22    (4) be located where it will link well with existing and related projects and be 173.23accessible to the public, now or in the future; 173.24    (5) demonstrate multiple, integrated aspects of new text begin renewable new text end hydrogen infrastructure; 173.25    (6) include an explicit public education and awareness component; 173.26    (7) be scalable to respond to changing circumstances and market demands; 173.27    (8) draw on firms and expertise within the state where possible; 173.28    (9) include an assessment of its economic, environmental, and social impact; and 173.29    (10) serve other needs beyond hydrogen development. 173.30    Sec. 10. new text begin [216B.813] MINNESOTA RENEWABLE HYDROGEN INITIATIVE. new text end 173.31     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 173.32 new text begin administer directly or by contract the Minnesota renewable hydrogen initiative. If the new text end 173.33 new text begin department decides to contract for its duties under this section, it must contract with a new text end 173.34 new text begin nonpartisan, nonprofit organization within the state to develop the road map. The initiative new text end 173.35 new text begin may be run as a public-private partnership representing business, academic, governmental, new text end 174.1 new text begin and nongovernmental organizations. The initiative must oversee the development and new text end 174.2 new text begin implementation of a renewable hydrogen road map, including appropriate technology new text end 174.3 new text begin deployments, that achieve the hydrogen goal of section 216B.013. The road map should new text end 174.4 new text begin be compatible with the United States Department of Energy's National Hydrogen Energy new text end 174.5 new text begin Roadmap and be based on an assessment of marketplace economics and the state's new text end 174.6 new text begin opportunities in hydrogen, fuel cells, and related technologies, so as to capitalize on new text end 174.7 new text begin strengths. The road map should establish a vision, goals, general timeline, strategies for new text end 174.8 new text begin working with industry, and measurable milestones for achieving the state's renewable new text end 174.9 new text begin hydrogen goal. The road map should describe how renewable hydrogen and fuel cells fit new text end 174.10 new text begin in Minnesota's overall energy system, and should help foster a consistent, predictable, and new text end 174.11 new text begin prudent investment environment. The department must report to the legislature on the new text end 174.12 new text begin progress in implementing the road map by November 1 of each odd-numbered year. new text end 174.13     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 174.14 new text begin grant program for projects to assist the state in attaining its renewable hydrogen energy new text end 174.15 new text begin goals. The commissioner of commerce shall assemble an advisory committee made up of new text end 174.16 new text begin industry, university, government, and nongovernment organizations to: new text end 174.17     new text begin (1) help identify the most promising technology deployment projects for public new text end 174.18 new text begin investment; new text end 174.19     new text begin (2) advise on the technical specifications for those projects; and new text end 174.20     new text begin (3) make recommendations on project grants. new text end 174.21     new text begin (b) The commissioner shall give preference to project concepts included in the new text end 174.22 new text begin department's most recent biennial report: Strategic Demonstration Projects to Accelerate new text end 174.23 new text begin the Commercialization of Renewable Hydrogen and Related Technologies in Minnesota. new text end 174.24 new text begin Projects eligible for funding must combine one or more of the hydrogen production new text end 174.25 new text begin options listed in the department's report with an end use that has significant commercial new text end 174.26 new text begin potential, preferably high visibility, and relies on fuel cells or related technologies. Each new text end 174.27 new text begin funded technology deployment must include an explicit education and awareness-raising new text end 174.28 new text begin component, be compatible with the renewable hydrogen deployment criteria defined in new text end 174.29 new text begin section 216B.812, and receive 50 percent of its total cost from nonstate sources. The 50 new text end 174.30 new text begin percent requirement does not apply for recipients that are public institutions. new text end 174.31    Sec. 11. Minnesota Statutes 2006, section 216C.051, subdivision 2, is amended to read: 174.32    Subd. 2. Establishment. (a) There is established a Legislative Electric Energy Task 174.33Force to study future electric energy sources and costs and to make recommendations 174.34for legislation for an environmentally and economically sustainable and advantageous 174.35electric energy supply. 175.1    (b) The task force consists of: 175.2    (1) ten members of the house of representatives including the chairs of the 175.3Environment and Natural Resources Committee and Regulated Industries Subcommittee new text begin new text end 175.4 new text begin the Energy Finance and Policy Division new text end and eight members to be appointed by the speaker 175.5of the house, four of whom must be from the minority caucus; and 175.6    (2) ten members of the senate including the chairs of the Environment new text begin , Energy new text end and 175.7Natural Resources new text begin Budget Division new text end and Jobs, Energy, and Community Development new text begin new text end 175.8 new text begin Utilities, Technology and Communications new text end committees and eight members to be appointed 175.9by the Subcommittee on Committees, four of whom must be from the minority caucus. 175.10    (c) The task force may employ staff, contract for consulting services, and may 175.11reimburse the expenses of persons requested to assist it in its duties other than state 175.12employees or employees of electric utilities. The director of the Legislative Coordinating 175.13Commission shall assist the task force in administrative matters. The task force shall 175.14elect cochairs, one member of the house and one member of the senate from among the 175.15committee and subcommittee chairs named to the committee. The task force members 175.16from the house shall elect the house cochair, and the task force members from the senate 175.17shall elect the senate cochair. 175.18    Sec. 12. Minnesota Statutes 2006, section 216C.051, subdivision 9, is amended to read: 175.19    Subd. 9. Expiration. This section is repealed June 30, 2007 new text begin 2008 new text end . 175.20 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 175.21    Sec. 13. new text begin [216C.385] CLEAN ENERGY RESOURCE TEAMS. new text end 175.22     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 175.23 new text begin programs are an effective means of implementing improved energy practices including new text end 175.24 new text begin conservation, greater efficiency in energy use, and the production and use of renewable new text end 175.25 new text begin resources such as wind, solar, biomass, and biofuels. Further, community-based energy new text end 175.26 new text begin programs are found to be a public purpose for which public money may be spent. new text end 175.27     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 175.28 new text begin Teams (CERT's) project is an innovative state, university, and nonprofit partnership that new text end 175.29 new text begin serves as a catalyst for community energy planning and projects. The mission of CERT's new text end 175.30 new text begin is to give citizens a voice in the energy planning process by connecting them with the new text end 175.31 new text begin necessary technical resources to identify and implement community-scale renewable new text end 175.32 new text begin energy and energy efficiency projects. In 2003, the Department of Commerce designated new text end 175.33 new text begin the CERT's project as a statewide collaborative venture and recognized six regional teams new text end 175.34 new text begin based on their geography: Central, Northeast, Northwest, Southeast, Southwest, and new text end 176.1 new text begin West-Central. Membership of CERT's may include but is not limited to representatives new text end 176.2 new text begin of utilities; federal, state, and local governments; small business; labor; senior citizens; new text end 176.3 new text begin academia; and other interested parties. The Department of Commerce may certify new text end 176.4 new text begin additional Clean Energy Resource Teams by regional geography, including teams in new text end 176.5 new text begin the Twin Cities metropolitan area. new text end 176.6     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 176.7 new text begin energy programs, a Clean Energy Resource Team may: new text end 176.8     new text begin (1) analyze social and economic impacts caused by energy expenditures; new text end 176.9     new text begin (2) analyze regional renewable and energy efficiency resources and opportunities; new text end 176.10     new text begin (3) link community members and community energy projects to the knowledge new text end 176.11 new text begin and capabilities of the University of Minnesota, the State Energy Office, nonprofit new text end 176.12 new text begin organizations, and regional community members, among others; new text end 176.13     new text begin (4) plan, set priorities for, provide technical assistance to, and catalyze local energy new text end 176.14 new text begin efficiency and renewable energy projects that help to meet state energy policy goals and new text end 176.15 new text begin maximize local economic development opportunities; new text end 176.16     new text begin (5) provide a broad-based resource and communications network that links local, new text end 176.17 new text begin county, and regional energy efficiency and renewable energy project efforts around the new text end 176.18 new text begin state (both interregional and intraregional); new text end 176.19     new text begin (6) seek, accept, and disburse grants and other aids from public or private sources new text end 176.20 new text begin for purposes authorized in this subdivision; new text end 176.21     new text begin (7) provides a convening and networking function within CERT's regions to facilitate new text end 176.22 new text begin education, knowledge formation, and project replication; and new text end 176.23     new text begin (8) exercise other powers and duties imposed on it by statute, charter, or ordinance. new text end 176.24     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 new text end 176.25 new text begin Resource Teams, may provide professional, technical, organizational, and financial new text end 176.26 new text begin assistance to regions and communities to develop and implement community energy new text end 176.27 new text begin programs and projects, within available resources. new text end 176.28    Sec. 14. new text begin [216C.39] RURAL WIND ENERGY DEVELOPMENT REVOLVING new text end 176.29 new text begin LOAN FUND. new text end 176.30     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 176.31 new text begin fund is established as an account in the special revenue fund in the state treasury. The new text end 176.32 new text begin commissioner of finance shall credit to the account the amounts authorized under this new text end 176.33 new text begin section and appropriations and transfers to the account. Earnings, such as interest, new text end 176.34 new text begin dividends, and any other earnings arising from fund assets, must be credited to the account. new text end 177.1     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 177.2 new text begin is created to provide financial assistance, through partnership with local owners and new text end 177.3 new text begin communities, in developing community wind energy projects that meet the specifications new text end 177.4 new text begin of section 216B.1612, subdivision 2, paragraph (f). new text end 177.5     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 177.6 new text begin of commerce, and may be used to make loans to qualifying owners of wind energy new text end 177.7 new text begin projects, as defined in section 216B.1612, subdivision 2, paragraph (f), to assist in funding new text end 177.8 new text begin wind studies and transmission interconnection studies. The loans must be structured for new text end 177.9 new text begin repayment within 30 days after the project begins commercial operations or two years new text end 177.10 new text begin from the date the loan is issued, whichever is sooner. new text end 177.11     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 177.12 new text begin $100,000. This limit applies to all money loaned to a single project or single entity, new text end 177.13 new text begin whether paid to one or more qualifying owners and whether paid in one or more fiscal new text end 177.14 new text begin years. new text end 177.15     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 177.16 new text begin this section must be made in a manner and on forms prescribed by the commissioner. new text end 177.17 new text begin Loans to eligible projects must be made in the order in which complete applications are new text end 177.18 new text begin received by the commissioner. Loan funds must be disbursed to an applicant within ten new text end 177.19 new text begin days of submission of a payment request by the applicant that demonstrates a payment new text end 177.20 new text begin due to the Midwest Independent System Operator. Interest payable on the loan amount new text end 177.21 new text begin may not exceed 1.5 percent per annum. new text end 177.22     new text begin (b) A project is eligible for a loan under this program if: new text end 177.23     new text begin (1) the project has completed an adequate interconnection feasibility study that new text end 177.24 new text begin indicates the project may be interconnected with system upgrades of less than ten percent new text end 177.25 new text begin of the estimated project costs; new text end 177.26     new text begin (2) the project has a signed power purchase agreement with an electric utility or new text end 177.27 new text begin provides evidence that the project is under serious consideration for such an agreement by new text end 177.28 new text begin an electric utility; new text end 177.29     new text begin (3) the ownership and structure of the project allows it to qualify as a new text end 177.30 new text begin community-based energy development (C-BED) project under section 216B.1612, and the new text end 177.31 new text begin developer commits to obtaining and maintaining C-BED status; and new text end 177.32     new text begin (4) the commissioner has determined that sufficient funds are available to make a new text end 177.33 new text begin loan to the project. new text end 177.34    Sec. 15. Minnesota Statutes 2006, section 216C.41, subdivision 1, is amended to read: 178.1    Subdivision 1. Definitions. (a) new text begin Unless otherwise provided, new text end the definitions in this 178.2subdivision apply to this section. 178.3    (b) "Qualified hydroelectric facility" means a hydroelectric generating facility in 178.4this state that: 178.5    (1) is located at the site of a dam, if the dam was in existence as of March 31, 178.61994; and 178.7    (2) begins generating electricity after July 1, 1994, or generates electricity after 178.8substantial refurbishing of a facility that begins after July 1, 2001. 178.9    (c) "Qualified wind energy conversion facility" means a wind energy conversion 178.10system in this state that: 178.11    (1) produces two megawatts or less of electricity as measured by nameplate rating 178.12and begins generating electricity after December 31, 1996, and before July 1, 1999; 178.13    (2) begins generating electricity after June 30, 1999, produces two megawatts or 178.14less of electricity as measured by nameplate rating, and is: 178.15    (i) owned by a resident of Minnesota or an entity that is organized under the laws 178.16of this state, is not prohibited from owning agricultural land under section 500.24, and 178.17owns the land where the facility is sited; 178.18    (ii) owned by a Minnesota small business as defined in section 645.445; 178.19    (iii) owned by a Minnesota nonprofit organization; 178.20    (iv) owned by a tribal council if the facility is located within the boundaries of 178.21the reservation; 178.22    (v) owned by a Minnesota municipal utility or a Minnesota cooperative electric 178.23association; or 178.24    (vi) owned by a Minnesota political subdivision or local government, including, 178.25but not limited to, a county, statutory or home rule charter city, town, school district, or 178.26any other local or regional governmental organization such as a board, commission, or 178.27association; or 178.28    (3) begins generating electricity after June 30, 1999, produces seven megawatts or 178.29less of electricity as measured by nameplate rating, and: 178.30    (i) is owned by a cooperative organized under chapter 308A other than a Minnesota 178.31cooperative electric association; and 178.32    (ii) all shares and membership in the cooperative are held by an entity that is not 178.33prohibited from owning agricultural land under section 500.24. 178.34    (d) "Qualified on-farm biogas recovery facility" means an anaerobic digester system 178.35that: 178.36    (1) is located at the site of an agricultural operation; and 179.1    (2) is owned by an entity that is not prohibited from owning agricultural land under 179.2section 500.24 and that owns or rents the land where the facility is located. 179.3    (e) "Anaerobic digester system" means a system of components that processes 179.4animal waste based on the absence of oxygen and produces gas used to generate electricity. 179.5     new text begin (f) "Qualified landfill gas recovery facility" means a landfill that is operating or new text end 179.6 new text begin closed, that generates gas from the decomposition of organic matter, and that installs a new text end 179.7 new text begin system to collect the gas after July 1, 2007. new text end 179.8    Sec. 16. Minnesota Statutes 2006, section 216C.41, subdivision 2, is amended to read: 179.9    Subd. 2. Incentive payment; appropriation. (a) Incentive payments must be made 179.10according to this section to (1) a qualified on-farm biogas recovery facility, (2) the owner 179.11or operator of a qualified hydropower facility or qualified wind energy conversion facility 179.12for electric energy generated and sold by the facility, (3) a publicly owned hydropower 179.13facility for electric energy that is generated by the facility and used by the owner of the 179.14facility outside the facility, or (4) the owner of a publicly owned dam that is in need of 179.15substantial repair, for electric energy that is generated by a hydropower facility at the 179.16dam and the annual incentive payments will be used to fund the structural repairs and 179.17replacement of structural components of the dam, or to retire debt incurred to fund those 179.18repairs new text begin , or (5) a qualified landfill gas recovery facility new text end . 179.19    (b) Payment may only be made upon receipt by the commissioner of commerce of 179.20an incentive payment application that establishes that the applicant is eligible to receive an 179.21incentive payment and that satisfies other requirements the commissioner deems necessary. 179.22The application must be in a form and submitted at a time the commissioner establishes. 179.23    (c) There is annually appropriated from the renewable development account 179.24under section 116C.779 to the commissioner of commerce sums sufficient to make the 179.25payments required under this section, in addition to the amounts funded by the renewable 179.26development account as specified in subdivision 5a. 179.27    Sec. 17. Minnesota Statutes 2006, section 216C.41, subdivision 3, is amended to read: 179.28    Subd. 3. Eligibility window. Payments may be made under this section only for new text begin : new text end 179.29     new text begin (a) new text end electricity generated new text begin from new text end : 179.30    (1) from a qualified hydroelectric facility that is operational and generating 179.31electricity before December 31, 2009; 179.32    (2) from a qualified wind energy conversion facility that is operational and 179.33generating electricity before January 1, 2008; or 180.1    (3) from a qualified on-farm biogas recovery facility from July 1, 2001, through 180.2December 31, 2017 new text begin ; and new text end 180.3     new text begin (b) gas generated from: new text end 180.4     new text begin (1) a qualified on-farm biogas recovery facility from July 1, 2007, through December new text end 180.5 new text begin 31, 2017; or new text end 180.6     new text begin (2) a qualified landfill gas recovery facility from July 1, 2007, through December new text end 180.7 new text begin 31, 2017 new text end . 180.8    Sec. 18. new text begin [216C.42] ON-FARM BIOGAS RECOVERY GRANTS. new text end 180.9     new text begin Subdivision 1. new text end new text begin Definitions. new text end new text begin For the purpose of this section, the following terms new text end 180.10 new text begin have the meanings given. new text end 180.11     new text begin (a) "Qualified on-farm biogas recovery facility" means an anaerobic digester system new text end 180.12 new text begin that: new text end 180.13     new text begin (1) is located at the site of an agricultural operation; new text end 180.14     new text begin (2) is owned by an entity that is not prohibited from owning agricultural land under new text end 180.15 new text begin section 500.24 and that owns or rents the land where the facility is located; and new text end 180.16     new text begin (3) is owned by a qualified owner as defined in section 216B.1612, subdivision 2, new text end 180.17 new text begin paragraph (c). new text end 180.18     new text begin (b) "Anaerobic digester system" means a system of components that processes new text end 180.19 new text begin animal waste based on the absence of oxygen and produces gas. new text end 180.20     new text begin (c) "Commissioner" means the commissioner of agriculture. new text end 180.21     new text begin Subd. 2. new text end new text begin Eligibility. new text end new text begin Subject to the availability of funds, the commissioner must new text end 180.22 new text begin approve grants to a qualified owner of a qualified on-farm biogas recovery facility for the new text end 180.23 new text begin total installed costs of capital investments associated with the facility, up to a maximum of new text end 180.24 new text begin $500,000. new text end 180.25     new text begin Subd. 3. new text end new text begin Application. new text end new text begin Application for a grant under this section must be made by a new text end 180.26 new text begin qualified owner to the commissioner on a form the commissioner prescribes by rule. The new text end 180.27 new text begin commissioner must review each application to determine: new text end 180.28     new text begin (1) whether the application is complete; new text end 180.29     new text begin (2) whether the information, calculations, and estimates contained in the application new text end 180.30 new text begin are appropriate, accurate, and reasonable; new text end 180.31     new text begin (3) whether the project is eligible for a grant; new text end 180.32     new text begin (4) the amount of the grant for which the project is eligible; and new text end 180.33     new text begin (5) other funding sources the owner proposes to use to finance the project in addition new text end 180.34 new text begin to a grant authorized by this section. new text end 180.35 new text begin An applicant may submit only one grant application each year under this section. new text end 181.1     new text begin Subd. 4. new text end new text begin Additional information. new text end new text begin During application review, the commissioner new text end 181.2 new text begin may request additional information about a proposed project, including information on new text end 181.3 new text begin project cost. Failure to provide information requested disqualifies a grant application. new text end 181.4     new text begin Subd. 5. new text end new text begin Public accessibility of grant application data. new text end new text begin Data contained in an new text end 181.5 new text begin application submitted to the commissioner for a grant under this section, including new text end 181.6 new text begin supporting technical documentation, is classified as public data not on individuals under new text end 181.7 new text begin section 13.02, subdivision 14. new text end 181.8     new text begin Subd. 6. new text end new text begin Rules. new text end new text begin The commissioner must adopt rules necessary to implement this new text end 181.9 new text begin section. The rules must contain at a minimum: new text end 181.10     new text begin (1) standards for project eligibility; new text end 181.11     new text begin (2) criteria for reviewing grant applications; and new text end 181.12     new text begin (3) procedures and guidelines for program monitoring and evaluation. new text end 181.13     new text begin Subd. 7. new text end new text begin Right of first refusal. new text end new text begin A utility that provides electric service at retail in new text end 181.14 new text begin the area where the qualified on-farm biogas recovery facility is located has the right of new text end 181.15 new text begin first refusal for any gas produced by a qualified on-farm biogas recovery facility that has new text end 181.16 new text begin received a grant under this section. A utility's right of first refusal expires if: new text end 181.17     new text begin (1) within 45 days after the qualified owner files an incentive payment application new text end 181.18 new text begin with the commissioner of commerce, the utility fails to send a letter of intent to the new text end 181.19 new text begin qualified owner indicating the utility's willingness to negotiate a purchase agreement; or new text end 181.20     new text begin (2) the parties enter negotiations but fail to reach agreement within 120 days after new text end 181.21 new text begin the qualified owner files an incentive payment application with the commissioner of new text end 181.22 new text begin commerce. new text end 181.23     new text begin Subd. 8. new text end new text begin Eligibility toward renewable energy objective and standard. new text end new text begin Any gas new text end 181.24 new text begin generated by a qualified on-farm biogas recovery facility awarded a grant under this new text end 181.25 new text begin section that is purchased by a utility may be counted toward the utility's renewable energy new text end 181.26 new text begin objective and standard under section 216B.1691. new text end 181.27     new text begin Subd. 9. new text end new text begin Appropriation. new text end new text begin Up to $1,000,000 is appropriated annually from the new text end 181.28 new text begin renewable development account through fiscal year 2015 to the commissioner of new text end 181.29 new text begin agriculture for the purpose of providing grants to qualified on-farm biogas recovery new text end 181.30 new text begin facilities. new text end 181.31    Sec. 19. new text begin [561.20] NUISANCE LIABILITY OF WIND ENERGY CONVERSION new text end 181.32 new text begin SYSTEMS. new text end 181.33     new text begin Subdivision 1. new text end new text begin Definition. new text end new text begin For the purposes of this section, "wind energy conversion new text end 181.34 new text begin system" has the meaning given in section 216C.06. new text end 182.1     new text begin Subd. 2. new text end new text begin Wind energy conversion system not a nuisance. new text end new text begin (a) A wind energy new text end 182.2 new text begin conversion system is not and does not become a private or public nuisance after two years new text end 182.3 new text begin from the date it begins generating electricity as a matter of law if the system: new text end 182.4     new text begin (1) complies with all applicable federal, state, or county laws, regulations, rules, and new text end 182.5 new text begin ordinances and any permits issued for it; and new text end 182.6     new text begin (2) operates according to generally accepted practices. new text end 182.7     new text begin (b) For a period of two years from the date it begins generating electricity, there is new text end 182.8 new text begin a rebuttable presumption that a wind energy conversion system in compliance with the new text end 182.9 new text begin requirements of paragraph (a) is not a public or private nuisance. new text end 182.10     new text begin (c) This subdivision does not apply: new text end 182.11     new text begin (1) to any prosecution for the crime of public nuisance as provided in section new text end 182.12 new text begin 609.74 or to an action by a public authority to abate a particular condition that is a public new text end 182.13 new text begin nuisance; or new text end 182.14     new text begin (2) to any enforcement action brought by a local unit of government related to new text end 182.15 new text begin zoning under chapter 394 or 462. new text end 182.16     new text begin Subd. 3. new text end new text begin Existing contracts. new text end new text begin This section must not be construed to invalidate any new text end 182.17 new text begin contracts or commitments made before the effective date of this section. new text end 182.18     new text begin Subd. 4. new text end new text begin Severability. new text end new text begin If a provision of this section, or application thereof to any new text end 182.19 new text begin person or set of circumstances, is held invalid or unconstitutional, the invalidity does not new text end 182.20 new text begin affect other provisions or applications of this section that can be given effect without the new text end 182.21 new text begin invalid provision or application. To that end, the provisions of this section are declared to new text end 182.22 new text begin be severable. new text end 182.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 182.24    Sec. 20. new text begin PETROLEUM VIOLATION ESCROW FUNDS. new text end 182.25     new text begin (a) Petroleum violation escrow funds appropriated to the commissioner of commerce new text end 182.26 new text begin by Laws 1988, chapter 686, article 1, section 38, for state energy loan programs for new text end 182.27 new text begin schools, hospitals, and public buildings must be used for grants to kindergarten through new text end 182.28 new text begin grade 12 schools to develop energy conservation or renewable energy projects. A grant new text end 182.29 new text begin may not exceed $500,000. The commissioner must endeavor to award grants throughout new text end 182.30 new text begin the regions of the state. No more than one grant may be awarded in a county, unless an new text end 182.31 new text begin insufficient number of applications is received from schools located in other counties to new text end 182.32 new text begin exhaust available funds. new text end 182.33     new text begin (b) The commissioner of commerce must petition the federal Department of Energy new text end 182.34 new text begin for a waiver from any federal regulation that limits the proportion of federal funds new text end 182.35 new text begin expended on state energy programs that may be spent on energy efficiency. new text end 183.1     new text begin (c) For purposes of this subdivision, "renewable energy" means wind, solar, new text end 183.2 new text begin hydroelectric with a capacity of less than 60 megawatts, geothermal, hydrogen, fuel cells new text end 183.3 new text begin made from renewable resources, herbaceous crops, agricultural crops, agricultural waste, new text end 183.4 new text begin and aquatic plant matter. new text end 183.5 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day after the commissioner of new text end 183.6 new text begin commerce receives the waiver described in paragraph (b). new text end 183.7    Sec. 21. new text begin RURAL WIND ENERGY DEVELOPMENT PROGRAM. new text end 183.8     new text begin (a) The Center for Rural Policy and Development shall make a grant to a nonprofit new text end 183.9 new text begin organization with experience dealing with energy and community wind issues to design new text end 183.10 new text begin and implement a rural wind energy development assistance program. The program must new text end 183.11 new text begin be designed to maximize rural economic development and stabilize rural community new text end 183.12 new text begin institutions, including hospitals and schools, by increasing the income of local residents new text end 183.13 new text begin and increasing local tax revenues. The grant may be disbursed in two installments. The new text end 183.14 new text begin program must provide assistance to rural entities seeking to develop wind generation new text end 183.15 new text begin projects that meet the specifications of Minnesota Statutes, section 216B.1612, subdivision new text end 183.16 new text begin 2, paragraph (f), and to sell the electricity the projects produce. Among other strategies, new text end 183.17 new text begin the program may consider aggregating rural entities and others into groups with the size new text end 183.18 new text begin and market power necessary to plan and develop significant rural wind energy projects. new text end 183.19     new text begin (b) The program must provide assistance that includes, but is not limited to: new text end 183.20     new text begin (1) providing legal, engineering, and financial services; new text end 183.21     new text begin (2) identifying target communities with favorable wind resources, community new text end 183.22 new text begin interest, and local political support; new text end 183.23     new text begin (3) providing assistance to reserve, obtain, and ensure the maintenance over time of new text end 183.24 new text begin wind turbines; new text end 183.25     new text begin (4) creating market opportunities for utilities to meet their renewable energy standard new text end 183.26 new text begin obligations through purchases from rural community wind projects; new text end 183.27     new text begin (5) assisting in negotiating fair power purchase agreements; new text end 183.28     new text begin (6) facilitating transmission interconnection and delivery of energy from community new text end 183.29 new text begin wind projects; and new text end 183.30     new text begin (7) lowering the market risk facing potential wind investors by supporting all phases new text end 183.31 new text begin of project development. new text end 183.32     new text begin The grantee must demonstrate an ability to sustain program functions with ongoing new text end 183.33 new text begin revenue from sources other than state funding and shall provide a 35 percent grant match. new text end 183.34 new text begin The grant must be awarded on a competitive basis. The center must use best practices new text end 183.35 new text begin regarding grant management functions, including selection and monitoring of the grantee, new text end 184.1 new text begin compliance review, and financial oversight. Grant management fees are limited to 2.5 new text end 184.2 new text begin percent of the grant. new text end 184.3     new text begin (c) The commissioner of commerce shall monitor the activities of the rural wind new text end 184.4 new text begin energy development assistance program created under this section. By November 1, 2008, new text end 184.5 new text begin the commissioner shall submit an evaluation of the program to the chairs of the house of new text end 184.6 new text begin representatives and senate committees with jurisdiction over energy policy and finance, new text end 184.7 new text begin including recommendations for legislative or administrative action to better achieve the new text end 184.8 new text begin program goals described in paragraph (a). new text end 184.9    Sec. 22. new text begin UNIFORM CODES AND STANDARDS FOR HYDROGEN, FUEL new text end 184.10 new text begin CELLS, AND RELATED TECHNOLOGIES; RECOMMENDATIONS AND new text end 184.11 new text begin REPORT. new text end 184.12     new text begin (a) The commissioner of labor and industry, in consultation with the Department of new text end 184.13 new text begin Commerce and other relevant public and private interests, shall develop recommendations new text end 184.14 new text begin regarding the adoption of uniform codes and standards for hydrogen infrastructure, fuel new text end 184.15 new text begin cells, and related technologies, and report those recommendations to the legislature by new text end 184.16 new text begin December 31, 2008. new text end 184.17     new text begin (b) The goal of the recommendations is to have all regulatory jurisdictions in the new text end 184.18 new text begin state have the same safety standards with regard to the production, storage, transportation, new text end 184.19 new text begin distribution, and use of hydrogen, fuel cells, and related technologies. The commissioner's new text end 184.20 new text begin recommendations must, without limitation, include: new text end 184.21     new text begin (1) codes and standards that already exist for hydrogen, fuel cells, and related new text end 184.22 new text begin technologies, and how the state should formalize their use; new text end 184.23     new text begin (2) codes and standards still under development by various official standard-making new text end 184.24 new text begin bodies; new text end 184.25     new text begin (3) gaps between existing codes and standards, those under development, and those new text end 184.26 new text begin that may still be needed but are not yet being developed; new text end 184.27     new text begin (4) the need for, and estimated cost of, additional education and training for new text end 184.28 new text begin emergency management and code officials; new text end 184.29     new text begin (5) any changes needed to environmental and other permitting processes to new text end 184.30 new text begin accommodate the commercialization of hydrogen, fuel cells, and related technologies; and new text end 184.31     new text begin (6) recommendations on appropriate codes and standards for educational and new text end 184.32 new text begin research institutions. new text end 184.33    Sec. 23. new text begin HYDROGEN REFUELING STATION GRANTS. new text end 185.1     new text begin In addition to the purposes specified in Laws 2005, chapter 97, article 13, section new text end 185.2 new text begin 4, for which the commissioner of commerce may make grants, the commissioner may new text end 185.3 new text begin make grants under that law for the purpose of developing, deploying, and encouraging new text end 185.4 new text begin commercially promising renewable hydrogen production systems and hydrogen end new text end 185.5 new text begin uses in partnership with industry. The authority of the commissioner to make grants new text end 185.6 new text begin and assessments under Laws 2005, chapter 97, article 13, section 4, continues until the new text end 185.7 new text begin authorized grants and assessments are made. new text end 185.8    Sec. 24. new text begin OFF-SITE RENEWABLE DISTRIBUTED GENERATION. new text end 185.9     new text begin The commissioner of commerce shall convene a broad group of interested new text end 185.10 new text begin stakeholders to evaluate the feasibility and potential for the interconnection and parallel new text end 185.11 new text begin operation of off-site renewable distributed generation in a manner consistent with new text end 185.12 new text begin Minnesota Statutes, sections 216B.37 to 216B.43, and shall issue recommendations to new text end 185.13 new text begin the chairs of the house of representatives and senate committees with jurisdiction over new text end 185.14 new text begin energy issues by February 1, 2008. new text end 185.15ARTICLE 7 185.16ENVIRONMENT 185.17    Section 1. new text begin BIOFUEL PERMITTING REPORT. new text end 185.18     new text begin By January 15, 2008, the Pollution Control Agency, the commissioner of natural new text end 185.19 new text begin resources, and the Environmental Quality Board shall report to the house of representatives new text end 185.20 new text begin and senate committees and divisions with jurisdiction over agriculture and environment new text end 185.21 new text begin policy and budget on the process to issue permits for biofuel production facilities. The new text end 185.22 new text begin report shall include: new text end 185.23     new text begin (1) information on the timing of the permits and measures taken to improve the new text end 185.24 new text begin timing of the permitting process; new text end 185.25     new text begin (2) recommended changes to statutes, rules, or procedures to improve the biofuel new text end 185.26 new text begin facility permitting process and reduce the groundwater needed for production; and new text end 185.27     new text begin (3) other information or analysis that may be helpful in understanding or improving new text end 185.28 new text begin the biofuel production facility permitting process. new text end 185.29 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 185.30    Sec. 2. new text begin DEFINITIONS. new text end 186.1     new text begin Subdivision 1. new text end new text begin Terrestrial carbon sequestration. new text end new text begin "Terrestrial carbon sequestration" new text end 186.2 new text begin means the long-term storage of carbon in soil and vegetation to prevent its collection in new text end 186.3 new text begin the atmosphere as carbon dioxide. new text end 186.4     new text begin Subd. 2. new text end new text begin Geologic carbon sequestration. new text end new text begin "Geologic carbon sequestration" means new text end 186.5 new text begin injecting carbon dioxide into underground geologic formations where it can be stored for new text end 186.6 new text begin long periods of time to prevent its escape to the atmosphere. new text end 186.7    Sec. 3. new text begin TERRESTRIAL CARBON SEQUESTRATION ACTIVITIES. new text end 186.8     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 186.9 new text begin is requested to conduct a study assessing the potential capacity for carbon sequestration in new text end 186.10 new text begin Minnesota's terrestrial systems. The study must: new text end 186.11     new text begin (1) conduct a statewide inventory and construct a database of lands across several new text end 186.12 new text begin land types, such as forests, agricultural lands, peatlands, and wetlands, that have the new text end 186.13 new text begin potential to sequester significant quantities of carbon and of lands that currently contain new text end 186.14 new text begin large stocks of carbon that are at risk of being emitted to the atmosphere as a result of new text end 186.15 new text begin changes in land use and climate; new text end 186.16     new text begin (2) quantify the ability of various land use practices, such as the growth of different new text end 186.17 new text begin species of crops, grasses, and trees, to sequester carbon and their impacts on other new text end 186.18 new text begin ecological services of value, including air and water quality, biodiversity, and wildlife new text end 186.19 new text begin habitat; new text end 186.20     new text begin (3) identify a network of benchmark monitoring sites to measure the impact of new text end 186.21 new text begin long-term, large-scale factors, such as changes in climate, carbon dioxide levels, and land new text end 186.22 new text begin use, on the terrestrial carbon sequestration capacity of various land types, to improve new text end 186.23 new text begin understanding of carbon-terrestrial interactions and dynamics; new text end 186.24     new text begin (4) identify long-term demonstration projects to measure the impact of deliberate new text end 186.25 new text begin sequestration practices, including the establishment of biofuel production systems, on new text end 186.26 new text begin forest, agricultural, wetland, and prairie ecosystems; and new text end 186.27     new text begin (5) evaluate current state policies and programs that affect the levels of terrestrial new text end 186.28 new text begin sequestration on public and private lands and identify gaps and recommend policy changes new text end 186.29 new text begin to increase sequestration rates. new text end 186.30     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 186.31 new text begin and implementation of the study described in subdivision 1 will be coordinated by new text end 186.32 new text begin the Minnesota Terrestrial Carbon Sequestration Initiative, a task force consisting of new text end 186.33 new text begin representatives from the University of Minnesota, the Department of Agriculture, the new text end 186.34 new text begin Board of Water and Soil Resources, the Department of Commerce, the Department new text end 187.1 new text begin of Natural Resources, and the Pollution Control Agency and agricultural, forestry, new text end 187.2 new text begin conservation, and business stakeholders. new text end 187.3     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 187.4 new text begin party to perform any of the tasks listed in subdivision 1. new text end 187.5     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 187.6 new text begin with the results of the study to the senate and house of representatives committees with new text end 187.7 new text begin jurisdiction over environmental and energy policies no later than February 1, 2008. new text end 187.8    Sec. 4. new text begin GEOLOGIC CARBON SEQUESTRATION ASSESSMENT. new text end 187.9     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 187.10 new text begin a study assessing the potential capacity for geologic carbon sequestration in the new text end 187.11 new text begin Midcontinent Rift system in Minnesota. The study must assess the potential of porous new text end 187.12 new text begin and permeable sandstone layers deeper than one kilometer below the surface that are new text end 187.13 new text begin capped by less permeable shale and must identify potential risks to carbon storage, such new text end 187.14 new text begin as areas of low permeability in injection zones, low storage capacity, and potential seal new text end 187.15 new text begin failure. The study must identify the most promising formations and geographic areas for new text end 187.16 new text begin physical analysis of carbon sequestration potential. The study must review geologic new text end 187.17 new text begin maps, published reports and surveys, and any relevant unpublished raw data with respect new text end 187.18 new text begin to attributes that are pertinent for the long-term sequestration of carbon in geologic new text end 187.19 new text begin formations, in particular, those that bear on formation injectivity, capacity, and seal new text end 187.20 new text begin effectiveness. The study must examine the following characteristics of key sedimentary new text end 187.21 new text begin units within the Midcontinent Rift system in Minnesota: new text end 187.22     new text begin (1) likely depth, temperature, and pressure; new text end 187.23     new text begin (2) physical properties, including the ability to contain and transmit fluids; new text end 187.24     new text begin (3) the type of rocks present; new text end 187.25     new text begin (4) structure and geometry, including folds and faults; and new text end 187.26     new text begin (5) hydrogeology, including water chemistry and water flow. new text end 187.27     new text begin (b) The commissioner of natural resources, in consultation with the Minnesota new text end 187.28 new text begin Geological Survey, shall contract for a study to estimate the properties of the Midcontinent new text end 187.29 new text begin Rift system in Minnesota, as described in paragraph (a), clauses (1) to (5), through the new text end 187.30 new text begin use of computer models developed for similar geologic formations located outside of new text end 187.31 new text begin Minnesota which have been studied in greater detail. new text end 187.32     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 187.33 new text begin Minnesota Mineral Coordinating Committee, established in Minnesota Statutes, section new text end 187.34 new text begin 93.0015, in planning and implementing the study design. new text end 188.1     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 188.2 new text begin with the results of the study to the senate and house of representatives committees with new text end 188.3 new text begin jurisdiction over environmental and energy policies no later than February 1, 2008. new text end 188.4ARTICLE 8 188.5HEATING ASSISTANCE AND UTILITIES 188.6    Section 1. new text begin [216B.091] MONTHLY REPORTS. new text end 188.7     new text begin (a) Each public utility must report the following data on residential customers to the new text end 188.8 new text begin commission monthly, in a format determined by the commission: new text end 188.9     new text begin (1) number of customers; new text end 188.10     new text begin (2) number and total amount of accounts past due; new text end 188.11     new text begin (3) average customer past due amount; new text end 188.12     new text begin (4) total revenue received from the low-income home energy assistance program and new text end 188.13 new text begin other sources contributing to the bills of low-income persons; new text end 188.14     new text begin (5) average monthly bill; new text end 188.15     new text begin (6) total sales revenue; new text end 188.16     new text begin (7) total write-offs due to uncollectible bills; new text end 188.17     new text begin (8) number of disconnection notices mailed; new text end 188.18     new text begin (9) number of accounts disconnected for nonpayment; new text end 188.19     new text begin (10) number of accounts reconnected to service; and new text end 188.20     new text begin (11) number of accounts that remain disconnected, grouped by the duration of new text end 188.21 new text begin disconnection, as follows: new text end 188.22     new text begin (i) 1-30 days; new text end 188.23     new text begin (ii) 31-60 days; and new text end 188.24     new text begin (iii) more than 60 days. new text end 188.25     new text begin (b) Monthly reports for October through April must also include the following data: new text end 188.26     new text begin (1) number of cold weather protection requests; new text end 188.27     new text begin (2) number of payment arrangement requests received and granted; new text end 188.28     new text begin (3) number of right to appeal notices mailed to customers; new text end 188.29     new text begin (4) number of reconnect request appeals withdrawn; new text end 188.30     new text begin (5) number of occupied heat-affected accounts disconnected for 24 hours or more new text end 188.31 new text begin for electric and natural gas service separately; new text end 188.32     new text begin (6) number of occupied non-heat-affected accounts disconnected for 24 hours or new text end 188.33 new text begin more for electric and gas service separately; new text end 188.34     new text begin (7) number of customers granted cold weather rule protection; new text end 189.1     new text begin (8) number of customers disconnected who did not request cold weather rule new text end 189.2 new text begin protection; and new text end 189.3     new text begin (9) number of customers disconnected who requested cold weather rule protection. new text end 189.4     new text begin (c) The data reported under paragraphs (a) and (b) is presumed to be accurate upon new text end 189.5 new text begin submission and must be made available through the commission's electronic filing system. new text end 189.6    Sec. 2. new text begin [216B.0951] PROPANE PREPURCHASE PROGRAM. new text end 189.7     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 189.8 new text begin contract to operate, a propane fuel prepurchase fuel program. The commissioner may new text end 189.9 new text begin contract at any time of the year to purchase the lesser of one-third of the liquid propane new text end 189.10 new text begin fuel consumed by low-income home energy assistance program recipients during the new text end 189.11 new text begin previous heating season or the amount that can be purchased with available funds. The new text end 189.12 new text begin propane fuel prepurchase program must be available statewide through each local agency new text end 189.13 new text begin that administers the energy assistance program. The commissioner may decide to limit or new text end 189.14 new text begin not engage in prepurchasing if the commissioner finds that there is a reasonable likelihood new text end 189.15 new text begin that prepurchasing will not provide fuel-cost savings. new text end 189.16     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 189.17 new text begin realized program savings due to prepurchasing. The account must be used to compensate new text end 189.18 new text begin program recipients an amount up to the difference in cost for fuel provided to the recipient new text end 189.19 new text begin if winter-delivered fuel prices are lower than the prepurchase or summer-fill price. No new text end 189.20 new text begin more than ten percent of the aggregate prepurchase program savings may be used to new text end 189.21 new text begin establish the hedge account. new text end 189.22     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 189.23 new text begin 2008, made available electronically on its Web site and in print upon request, that contains new text end 189.24 new text begin the following information: new text end 189.25     new text begin (1) the cost per gallon of prepurchased fuel; new text end 189.26     new text begin (2) the total gallons of fuel prepurchased; new text end 189.27     new text begin (3) the average cost of propane each month between October and the following April; new text end 189.28     new text begin (4) the number of energy assistance program households receiving prepurchased new text end 189.29 new text begin fuel; and new text end 189.30     new text begin (5) the average savings accruing or benefit increase provided to energy assistance new text end 189.31 new text begin households. new text end 189.32    Sec. 3. new text begin [216B.096] COLD WEATHER RULE; PUBLIC UTILITIES. new text end 189.33     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 new text end 189.34 new text begin public utility. new text end 190.1     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 190.2 new text begin them in this subdivision. new text end 190.3     new text begin (b) "Cold weather period" means the period from October 15 through April 15 of new text end 190.4 new text begin the following year. new text end 190.5     new text begin (c) "Customer" means a residential customer of a utility. new text end 190.6     new text begin (d) "Customer's income" means the actual monthly income of the customer or the new text end 190.7 new text begin average monthly income of the customer computed on a calendar year basis, whichever is new text end 190.8 new text begin less, and does not include any amount received for energy assistance. new text end 190.9     new text begin (e) "Disconnection" means the involuntary loss of utility heating service as a result new text end 190.10 new text begin of a physical act by a utility to discontinue service. Disconnection includes installation of new text end 190.11 new text begin a service or load limiter or any device that limits or interrupts utility service in any way. new text end 190.12     new text begin (f) "Household income" means the combined income, as defined in section 290A.03, new text end 190.13 new text begin subdivision 3, of all residents of the customer's household, computed on an annual basis. new text end 190.14 new text begin Household income does not include any amount received for energy assistance. new text end 190.15     new text begin (g) "Reasonably timely payment" means payment within seven calendar days of new text end 190.16 new text begin agreed-upon due dates. new text end 190.17     new text begin (h) "Reconnection" means the restoration of utility heating service after it has been new text end 190.18 new text begin disconnected. new text end 190.19     new text begin (i) "Third party notice" means a commission-approved notice containing, at a new text end 190.20 new text begin minimum, the following information: new text end 190.21     new text begin (1) a statement that the utility will send a copy of any future notice of proposed new text end 190.22 new text begin disconnection of utility heating service to a third party designated by the residential new text end 190.23 new text begin customer; new text end 190.24     new text begin (2) instructions on how to request this service; and new text end 190.25     new text begin (3) a statement that the residential customer should contact the person the customer new text end 190.26 new text begin intends to designate as the third party contact before providing the utility with the party's new text end 190.27 new text begin name. new text end 190.28     new text begin (j) "Utility" means a public utility as defined in section 216B.02. new text end 190.29     new text begin (k) "Utility heating service" means natural gas or electricity used as a primary new text end 190.30 new text begin heating source, including electricity service necessary to operate gas heating equipment. new text end 190.31     new text begin (l) "Working days" means Mondays through Fridays, excluding legal holidays. new text end 190.32     new text begin Subd. 3. new text end new text begin Utility obligations before cold weather period. new text end new text begin (a) Each year, between new text end 190.33 new text begin September 1 and October 15, each utility must notify all customers of the provisions of new text end 190.34 new text begin this section. Notice must also be provided to all new residential customers when service is new text end 190.35 new text begin initiated. Notice must, at a minimum, include: new text end 190.36     new text begin (1) an explanation of the customer's rights and responsibilities under subdivision 5; new text end 191.1     new text begin (2) an explanation of no-cost and low-cost methods to reduce the consumption new text end 191.2 new text begin of energy; and new text end 191.3     new text begin (3) a third party notice. new text end 191.4     new text begin (b) Also, each year, between September 1 and October 15, each utility must attempt new text end 191.5 new text begin to contact, establish a payment agreement, and reconnect utility heating service to all new text end 191.6 new text begin customers who were disconnected after the preceding heating season. A record must be new text end 191.7 new text begin made of all contacts and attempted contacts. new text end 191.8     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 191.9 new text begin disconnecting utility heating service during the cold weather period, a utility must provide new text end 191.10 new text begin notice to a customer, in easy-to-understand language, that contains the following: new text end 191.11     new text begin (1) the date of the scheduled disconnection; new text end 191.12     new text begin (2) the amount due; new text end 191.13     new text begin (3) ways to avoid disconnection; new text end 191.14     new text begin (4) information regarding payment agreements; new text end 191.15     new text begin (5) a statement explaining the customer's rights and responsibilities, including the new text end 191.16 new text begin right to appeal a determination by the utility that the customer is not eligible for protection new text end 191.17 new text begin and the right to request commission intervention if the utility and customer cannot arrive new text end 191.18 new text begin at a mutually acceptable payment agreement; new text end 191.19     new text begin (6) a list of local energy assistance and weatherization providers in each county new text end 191.20 new text begin served by the utility; and new text end 191.21     new text begin (7) a third party notice. new text end 191.22     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 new text end 191.23 new text begin not disconnect and must reconnect a customer whose household income is at or below new text end 191.24 new text begin 50 percent of the state median income if the customer enters into and makes reasonably new text end 191.25 new text begin timely payments under a mutually acceptable payment agreement with the utility that is new text end 191.26 new text begin based on the financial resources and circumstances of the household; provided that, a new text end 191.27 new text begin utility may not require a customer to pay more than ten percent of the customer's income new text end 191.28 new text begin toward current and past utility bills for utility heating service. new text end 191.29     new text begin (b) A utility may accept more than ten percent of the household income as the new text end 191.30 new text begin payment arrangement amount if agreed to by the customer. new text end 191.31     new text begin (c) The customer or a designated third party may request a modification of the terms new text end 191.32 new text begin of a payment agreement previously entered into if the customer's financial circumstances new text end 191.33 new text begin have changed or the customer is unable to make reasonably timely payments. The utility new text end 191.34 new text begin may refer to commission staff a customer who requests more than two modifications of a new text end 191.35 new text begin payment agreement during a single cold weather rule period if no payments have been new text end 191.36 new text begin made. new text end 192.1     new text begin (d) The payment agreement terminates at the expiration of the cold weather period new text end 192.2 new text begin unless a longer period is mutually agreed to by the customer and the utility. new text end 192.3     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 192.4 new text begin a utility may: new text end 192.5     new text begin (1) accept the signed statement of a customer that the customer is income eligible; new text end 192.6     new text begin (2) obtain income verification from a local energy assistance provider or a new text end 192.7 new text begin government agency; new text end 192.8     new text begin (3) consider one or more of the following: new text end 192.9     new text begin (i) the most recent income tax return filed by members of the customer's household; new text end 192.10     new text begin (ii) for each employed member of the customer's household, paycheck stubs for the new text end 192.11 new text begin last two months or a written statement from the employer reporting wages earned during new text end 192.12 new text begin the preceding two months; new text end 192.13     new text begin (iii) a customer's Medicaid card, documentation that the customer receives food new text end 192.14 new text begin stamps, or a food support eligibility document; new text end 192.15     new text begin (iv) documentation that the customer receives a pension from the Department of new text end 192.16 new text begin Human Services, the Social Security Administration, the Veteran's Administration, or new text end 192.17 new text begin other pension provider; new text end 192.18     new text begin (v) a letter showing the customer's dismissal from a job or other documentation of new text end 192.19 new text begin unemployment; or new text end 192.20     new text begin (vi) other documentation that supports the customer's declaration of income new text end 192.21 new text begin eligibility. new text end 192.22     new text begin (b) A customer who receives energy assistance benefits under any federal, state, new text end 192.23 new text begin or county government programs in which eligibility is defined as household income at new text end 192.24 new text begin or below 50 percent of state median income is deemed to be automatically eligible for new text end 192.25 new text begin protection under this section and no other verification of income may be required. new text end 192.26     new text begin Subd. 7. new text end new text begin Prohibitions and requirements. new text end new text begin During the cold weather period: new text end 192.27     new text begin (a) A utility may not charge a deposit or delinquency charge to a customer who has new text end 192.28 new text begin entered into a payment agreement or a customer who has appealed to the commission new text end 192.29 new text begin under subdivision 8. new text end 192.30     new text begin (b) A utility may not disconnect service during the following periods: new text end 192.31     new text begin (1) during the pendency of any appeal under subdivision 8; new text end 192.32     new text begin (2) earlier than ten working days after a utility has deposited in first class mail, new text end 192.33 new text begin or seven working days after a utility has personally served, the notice required under new text end 192.34 new text begin subdivision 4 to a customer in an occupied dwelling; new text end 192.35     new text begin (3) earlier than ten working days after the utility has deposited in first class mail new text end 192.36 new text begin the notice required under subdivision 4 to the recorded billing address of the customer, new text end 193.1 new text begin if the utility has reasonably determined from an on-site inspection that the dwelling new text end 193.2 new text begin is unoccupied; new text end 193.3     new text begin (4) on a Friday, unless the utility makes personal contact with, and offers a payment new text end 193.4 new text begin agreement to, the customer; new text end 193.5     new text begin (5) on a Saturday, Sunday, holiday, or the day before a holiday; new text end 193.6     new text begin (6) when utility offices are closed; new text end 193.7     new text begin (7) when no utility personnel are available to resolve disputes, enter into payment new text end 193.8 new text begin agreements, accept payments, and reconnect service; or new text end 193.9     new text begin (8) when commission offices are closed. new text end 193.10     new text begin (c) Also, a utility may not discontinue service until the utility investigates whether new text end 193.11 new text begin the dwelling is actually occupied. At a minimum, the investigation must include one visit new text end 193.12 new text begin by the utility to the dwelling during normal working hours. If no contact is made and new text end 193.13 new text begin there is reason to believe that the dwelling is occupied, the utility must attempt a second new text end 193.14 new text begin contact during nonbusiness hours. If personal contact is made, the utility representative new text end 193.15 new text begin must provide notice required under subdivision 4 and, if the utility representative is not new text end 193.16 new text begin authorized to enter into a payment agreement, the telephone number the customer can call new text end 193.17 new text begin to establish a payment agreement. new text end 193.18     new text begin (d) Each utility must reconnect utility service if, following disconnection, the new text end 193.19 new text begin dwelling is found to be occupied and the customer agrees to enter into a payment new text end 193.20 new text begin agreement or appeals to the commission because the customer and the utility are unable to new text end 193.21 new text begin agree on a payment agreement. new text end 193.22     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 193.23 new text begin and any designated third party with a commission-approved written notice of the right new text end 193.24 new text begin to appeal: new text end 193.25     new text begin (1) upon a utility determination that the customer's household income is more than new text end 193.26 new text begin 50 percent of state median household income; or new text end 193.27     new text begin (2) when the utility and customer are unable to agree on the establishment or new text end 193.28 new text begin modification of a payment agreement. new text end 193.29     new text begin (b) A customer's appeal must be filed with the commission no later than seven new text end 193.30 new text begin working days after the customer's receipt of a personally served disconnection notice, or new text end 193.31 new text begin within ten working days after the utility has deposited a first class mail notice. If no new text end 193.32 new text begin disconnection notice has been issued, an appeal may be filed at any time. new text end 193.33     new text begin (c) The commission must determine all customer appeals on an informal basis, new text end 193.34 new text begin within 30 calendar days of receipt of a customer's written appeal. In making its new text end 193.35 new text begin determination, the commission must consider one or more of the factors in subdivision 6, new text end 193.36 new text begin paragraph (a), clauses (2) and (3). new text end 194.1     new text begin (d) Notwithstanding any other law, following an appeals decision adverse to the new text end 194.2 new text begin customer, a utility may not disconnect utility heating service for seven working days new text end 194.3 new text begin after the utility has personally served a disconnection notice, or for ten working days new text end 194.4 new text begin after the utility has deposited a first class mail notice. The notice must contain, in new text end 194.5 new text begin easy-to-understand language, the date on or after which disconnection will occur, the new text end 194.6 new text begin reason for disconnection, and ways to avoid disconnection. new text end 194.7     new text begin Subd. 9. new text end new text begin Utility appeals. new text end new text begin A utility may file an appeal of the commission's informal new text end 194.8 new text begin determination under subdivision 8 within 14 working days after it is issued. An appeal new text end 194.9 new text begin must be in writing, on forms prescribed by the commission. A copy of the appeal and a new text end 194.10 new text begin commission-approved letter explaining that the customer may have service disconnected new text end 194.11 new text begin must be mailed by the utility to the local human services or social services agency and new text end 194.12 new text begin the local energy assistance provider on the same day as the utility mails its appeal to new text end 194.13 new text begin the commission. new text end 194.14     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 file with the new text end 194.15 new text begin commission a report specifying the number of utility heating service customers whose new text end 194.16 new text begin service is disconnected or remains disconnected as of October 1 and October 15. If new text end 194.17 new text begin customers remain disconnected on October 15, a utility must file a report each week new text end 194.18 new text begin between November 1 and the end of the cold weather period specifying: new text end 194.19     new text begin (1) the number of utility heating service customers that are or remain disconnected new text end 194.20 new text begin from service; and new text end 194.21     new text begin (2) the number of utility heating service customers that are reconnected to service new text end 194.22 new text begin each week. The utility may discontinue weekly reporting if the number of utility heating new text end 194.23 new text begin service customers that are or remain disconnected reaches zero before the end of the new text end 194.24 new text begin cold weather period. new text end 194.25    Sec. 4. Minnesota Statutes 2006, section 216B.097, subdivision 1, is amended to read: 194.26    Subdivision 1. Application; notice to residential customer. (a) A municipal utility 194.27or a cooperative electric association must not disconnect new text begin and must reconnect new text end the utility 194.28service of a residential customer during the period between October 15 and April 15 if 194.29the disconnection affects the primary heat source for the residential unit when new text begin and all of new text end 194.30the following conditions are met: 194.31    (1) the customer has declared inability to pay on forms provided by the utility. For 194.32the purposes of this clause, a customer that is receiving energy assistance is deemed 194.33to have demonstrated an inability to pay; 195.1    (2) The household income of the customer is less than new text begin at or below new text end 50 percent of the 195.2state median new text begin household new text end income; new text begin . A municipal utility or cooperative electric association new text end 195.3 new text begin utility may (i) verify income on forms it provides or (ii) obtain new text end 195.4    (3) verification of income may be conducted by new text begin from new text end the local energy assistance 195.5provider or the utility, unless the new text begin . A new text end customer is new text begin deemed new text end automatically eligible for new text begin to meet new text end 195.6 new text begin the income requirements of this clause new text end protection against disconnection as a recipient of new text begin new text end 195.7 new text begin if the customer receives new text end any form of public assistance, including energy assistance new text begin , new text end that 195.8uses 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 in 195.9clause (2); new text begin 50 percent of the state median household income. new text end 195.10    (4) new text begin (2) new text end A customer whose account is current for the billing period immediately prior 195.11to October 15 or who, at any time, enters into new text begin and makes reasonably timely payments new text end 195.12 new text begin under new text end a payment schedule new text begin agreement new text end that considers the financial resources of the 195.13household and is reasonably current with payments under the schedule; and new text begin . new text end 195.14    (5) the new text begin (3) A new text end customer receives referrals to energy assistance programs, 195.15weatherization, conservation, or other programs likely to reduce the customer's energy 195.16bills. 195.17    (b) A municipal utility or a cooperative electric association must, between August 195.1815 and October 15 of each year, notify all residential customers of the provisions of this 195.19section. 195.20    Sec. 5. Minnesota Statutes 2006, section 216B.097, subdivision 3, is amended to read: 195.21    Subd. 3. Restrictions if disconnection necessary. (a) If a residential customer must 195.22be involuntarily disconnected between October 15 and April 15 for failure to comply with 195.23the provisions of subdivision 1, the disconnection must not occur new text begin : new text end 195.24     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 195.25 new text begin into a payment agreement offered that day in person or via personal contact by telephone new text end 195.26 new text begin by a municipal utility or cooperative electric association; new text end 195.27     new text begin (2) on a weekend, holiday, or the day before a holiday; new text end 195.28     new text begin (3) when utility offices are closed; or new text end 195.29     new text begin (4) after the close of business on a day when disconnection is permitted, unless new text end 195.30 new text begin a field representative of a municipal utility or cooperative electric association who is new text end 195.31 new text begin authorized to enter into a payment agreement, accept payment, and continue service, new text end 195.32 new text begin offers a payment agreement to the customer new text end . 195.33Further, the disconnection must not occur until at least 20 days after the notice required 195.34in subdivision 2 has been mailed to the customer or 15 days after the notice has been 195.35personally delivered to the customer. 196.1    (b) If a customer does not respond to a disconnection notice, the customer must 196.2not be disconnected until the utility investigates whether the residential unit is actually 196.3occupied. If the unit is found to be occupied, the utility must immediately inform the 196.4occupant of the provisions of this section. If the unit is unoccupied, the utility must give 196.5seven days' written notice of the proposed disconnection to the local energy assistance 196.6provider before making a disconnection. 196.7    (c) If, prior to disconnection, a customer appeals a notice of involuntary 196.8disconnection, as provided by the utility's established appeal procedure, the utility must 196.9not disconnect until the appeal is resolved. 196.10    Sec. 6. Minnesota Statutes 2006, section 216B.098, subdivision 4, is amended to read: 196.11    Subd. 4. Undercharges. new text begin (a) new text end A utility shall offer a payment agreement to customers 196.12who have been undercharged if no culpable conduct by the customer or resident of 196.13the customer's household caused the undercharge. The agreement must cover a period 196.14equal to the time over which the undercharge occurred or a different time period that is 196.15mutually agreeable to the customer and the utility new text begin , except that the duration of a payment new text end 196.16 new text begin agreement offered by a utility to a customer whose household income is at or below 50 new text end 196.17 new text begin percent of state median household income must consider the financial circumstances of new text end 196.18 new text begin the customer's household new text end . 196.19     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 196.20 new text begin undercharge new text end agreement new text begin under this subdivision new text end . 196.21     new text begin (c) If a customer inquiry or complaint results in the utility's discovery of the new text end 196.22 new text begin undercharge, the utility may bill for undercharges incurred after the date of the inquiry new text end 196.23 new text begin or complaint only if the utility began investigating the inquiry or complaint within a new text end 196.24 new text begin reasonable time after when it was made. new text end 196.25    Sec. 7. Minnesota Statutes 2006, section 216B.16, subdivision 10, is amended to read: 196.26    Subd. 10. Intervenor payment new text begin compensation new text end . new text begin (a) An organization or individual new text end 196.27 new text begin granted formal intervenor status by the commission is eligible to receive compensation. new text end 196.28     new text begin (b) new text end The commission may order a utility to pay all or a portion of a party's intervention 196.29 new text begin compensate all or part of an eligible intervenor's reasonable new text end costs not to exceed $20,000 196.30per intervenor in any proceeding new text begin of participation in a general rate case that comes before new text end 196.31 new text begin the commission new text end when the commission finds that the intervenor has materially assisted 196.32the commission's deliberation and the intervenor has insufficient financial resources to 196.33afford the costs of intervention new text begin and when a lack of compensation would present financial new text end 196.34 new text begin hardship to the intervenor. Compensation may not exceed $50,000 for a single intervenor new text end 197.1 new text begin in any proceeding. For the purpose of this subdivision, "materially assisted" means that new text end 197.2 new text begin the intervenor's participation and presentation was useful and seriously considered, or new text end 197.3 new text begin otherwise substantially contributed to the commission's deliberations in the proceeding. new text end 197.4     new text begin (c) In determining whether an intervenor has materially assisted the commission's new text end 197.5 new text begin deliberation, the commission must consider, at a minimum, whether: new text end 197.6     new text begin (1) the intervenor represented an interest that would not otherwise have been new text end 197.7 new text begin adequately represented; new text end 197.8     new text begin (2) the evidence or arguments presented or the positions taken by the intervenor new text end 197.9 new text begin were an important factor in producing a fair decision; new text end 197.10     new text begin (3) the intervenor's position promoted a public purpose or policy; new text end 197.11     new text begin (4) the evidence presented, arguments made, issues raised, or positions taken by the new text end 197.12 new text begin intervenor would not have been a part of the record without the intervenor's participation; new text end 197.13 new text begin and new text end 197.14     new text begin (5) the administrative law judge or the commission adopted, in whole or in part, a new text end 197.15 new text begin position advocated by the intervenor. new text end 197.16     new text begin (d) In determining whether the absence of compensation would present financial new text end 197.17 new text begin hardship to the intervenor, the commission must consider: new text end 197.18     new text begin (1) whether the costs presented in the intervenor's claim reflect reasonable fees for new text end 197.19 new text begin attorneys and expert witnesses and other reasonable costs; and new text end 197.20     new text begin (2) the ratio between the costs of intervention and the intervenor's unrestricted funds. new text end 197.21     new text begin (e) An intervenor seeking compensation must file a request and an affidavit of service new text end 197.22 new text begin with the commission, and serve a copy of the request on each party to the proceeding. new text end 197.23 new text begin The request must be filed 30 days after the later of (1) the expiration of the period within new text end 197.24 new text begin which a petition for rehearing, amendment, vacation, reconsideration, or reargument must new text end 197.25 new text begin be filed or (2) the date the commission issues an order following rehearing, amendment, new text end 197.26 new text begin vacation, reconsideration, or reargument. new text end 197.27     new text begin (f) The compensation request must include: new text end 197.28     new text begin (1) the name and address of the intervenor or representative of the nonprofit new text end 197.29 new text begin organization the intervenor is representing; new text end 197.30     new text begin (2) if necessary, proof of the organization's nonprofit, tax-exempt status; new text end 197.31     new text begin (3) the name and docket number of the proceeding for which compensation is new text end 197.32 new text begin requested; new text end 197.33     new text begin (4) a list of actual annual revenues and expenses of the organization the intervenor is new text end 197.34 new text begin representing for the preceding year and projected revenues, revenue sources, and expenses new text end 197.35 new text begin for the current year; new text end 198.1     new text begin (5) the organization's balance sheet for the preceding year and a current monthly new text end 198.2 new text begin balance sheet; new text end 198.3     new text begin (6) an itemization of intervenor costs and the total compensation request; and new text end 198.4     new text begin (7) a narrative explaining why additional organizational funds cannot be devoted new text end 198.5 new text begin to the intervention. new text end 198.6     new text begin (g) Within 30 days after service of the request for compensation, a party may file new text end 198.7 new text begin a response, together with an affidavit of service, with the commission. A copy of the new text end 198.8 new text begin response must be served on the intervenor and all other parties to the proceeding. new text end 198.9     new text begin (h) Within 15 days after the response is filed, the intervenor may file a reply with new text end 198.10 new text begin the commission. A copy of the reply and an affidavit of service must be served on all new text end 198.11 new text begin other parties to the proceeding. new text end 198.12     new text begin (i) If additional costs are incurred as a result of additional proceedings following new text end 198.13 new text begin the commission's initial order, the intervenor may file an amended request within 30 new text end 198.14 new text begin days after the commission issues an amended order. Paragraphs (e) to (h) apply to an new text end 198.15 new text begin amended request. new text end 198.16     new text begin (j) The commission must issue a decision on intervenor compensation within 60 new text end 198.17 new text begin days of a filing by an intervenor. new text end 198.18     new text begin (k) A party may request reconsideration of the commission's compensation decision new text end 198.19 new text begin within 30 days of the decision. new text end 198.20     new text begin (l) If the commission issues an order requiring payment of intervenor compensation, new text end 198.21 new text begin the utility that was the subject of the proceeding must pay the compensation to the new text end 198.22 new text begin intervenor, and file with the commission proof of payment, within 30 days after the later new text end 198.23 new text begin of (1) the expiration of the period within which a petition for reconsideration of the new text end 198.24 new text begin commission's compensation decision must be filed or (2) the date the commission issues new text end 198.25 new text begin an order following reconsideration of its order on intervenor compensation new text end . 198.26    Sec. 8. Minnesota Statutes 2006, section 216B.16, subdivision 15, is amended to read: 198.27    Subd. 15. Low-income new text begin affordability new text end programs. (a) The commission may new text begin must new text end 198.28consider ability to pay as a factor in setting utility rates and may establish new text begin affordability new text end 198.29programs for low-income residential ratepayers in order to ensure affordable, reliable, and 198.30continuous service to low-income utility customers. new text begin By September 1, 2007, a public new text end 198.31 new text begin utility serving low-income residential ratepayers who use natural gas for heating must new text end 198.32 new text begin file an affordability program with the commission. For purposes of this subdivision, new text end 198.33 new text begin "low-income residential ratepayers" means ratepayers who receive energy assistance from new text end 198.34 new text begin the low-income home energy assistance program (LIHEAP). new text end 199.1    (b) The purpose of the low-income programs is to new text begin Any affordability program the new text end 199.2 new text begin commission orders a utility to implement must: new text end 199.3     new text begin (1) new text end lower the percentage of income that new text begin participating new text end low-income households devote 199.4to energy bills, to new text begin ; new text end 199.5     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 199.6 new text begin frequency of payments; new text end 199.7     new text begin (3) decrease or eliminate participating customer arrears; new text end 199.8     new text begin (4) new text end lower the utility costs associated with customer account collection activities new text begin ; and new text end 199.9     new text begin (5) coordinate the program with other available low-income bill payment assistance new text end 199.10 new text begin and conservation resources new text end . 199.11In ordering low-income new text begin affordability new text end programs, the commission may require public 199.12utilities to file program evaluations, including the coordination of other available 199.13low-income bill payment and conservation resources and new text begin that measure new text end the effect of the 199.14 new text begin affordability new text end program on: 199.15    (1) reducing the percentage of income that participating households devote to energy 199.16bills; 199.17    (2) service disconnections; and 199.18    (3) new text begin frequency of new text end customer payment behavior new text begin payments new text end , utility collection costs, 199.19arrearages, and bad debt. 199.20     new text begin (c) The commission must issue orders necessary to implement, administer, and new text end 199.21 new text begin evaluate affordability programs, and to allow a utility to recover program costs, including new text end 199.22 new text begin administrative costs, on a timely basis. The commission may not allow a utility to recover new text end 199.23 new text begin administrative costs, excluding start-up costs, in excess of five percent of total program new text end 199.24 new text begin costs, or program evaluation costs in excess of two percent of total program costs. The new text end 199.25 new text begin commission must permit deferred accounting, with carrying costs, for recovery of program new text end 199.26 new text begin costs incurred during the period between general rate cases. new text end 199.27     new text begin (d) Public utilities may use information collected or created for the purpose of new text end 199.28 new text begin administering energy assistance to administer affordability programs. new text end 199.29    Sec. 9. Minnesota Statutes 2006, section 216B.2422, is amended by adding a 199.30subdivision to read: 199.31     new text begin Subd. 2b. new text end new text begin Xcel requirement. new text end new text begin The utility that owns the nuclear generating plant new text end 199.32 new text begin at Prairie Island must include the following information in its resource plan for each new text end 199.33 new text begin community that is a signatory to the Northern Flood Agreement, including South Indian new text end 199.34 new text begin Lake: new text end 200.1     new text begin (1) median household income and number of residents employed full time and new text end 200.2 new text begin part time; new text end 200.3     new text begin (2) the number of outstanding claims filed against Manitoba Hydro by individuals new text end 200.4 new text begin and communities, and the number of claims settled by Manitoba Hydro; and new text end 200.5     new text begin (3) the amount of shoreline damaged by flooding and erosion, and the amount of new text end 200.6 new text begin shoreline restored and cleaned. new text end 200.7     new text begin For the purposes of this subdivision, "Northern Flood Agreement" means the new text end 200.8 new text begin agreement entered into by the Northern Flood Committee, Incorporated, the Manitoba new text end 200.9 new text begin Hydro-Electric Board, the province of Manitoba, and the government of Canada on new text end 200.10 new text begin December 16, 1977. new text end 200.11    Sec. 10. new text begin RULES; INSTRUCTION TO COMMISSION AND REVISOR. new text end 200.12     new text begin Subdivision 1. new text end new text begin Public Utilities Commission. new text end new text begin The commission must amend new text end 200.13 new text begin Minnesota Rules, chapters 7820 and 7831, to conform with the provisions of Minnesota new text end 200.14 new text begin Statutes, section 216B.096, as authorized under Minnesota Statutes, section 14.388, new text end 200.15 new text begin subdivision 1, clause (3). new text end 200.16     new text begin Subd. 2. new text end new text begin Revisor of statutes. new text end new text begin The revisor of statutes shall change the reference from new text end 200.17 new text begin "216B.095" to "216B.096" wherever found in Minnesota Rules, chapter 7820. new text end 200.18    Sec. 11. new text begin REPEALER. new text end 200.19 new text begin (a) new text end new text begin Minnesota Rules, parts 7831.0100; 7831.0200; 7831.0300; 7831.0400; new text end 200.20 new text begin 7831.0500; 7831.0600; 7831.0700; and 7831.0800, new text end new text begin are repealed as they pertain to a new text end 200.21 new text begin general rate case for a gas or electric utility held before the commission. The Public new text end 200.22 new text begin Utilities Commission shall timely adopt rules to conform with this repealer and Minnesota new text end 200.23 new text begin Statutes, section 216B.16, subdivision 10, as amended by this act, under the exempt rule new text end 200.24 new text begin procedures of Minnesota Statutes, section 14.388, subdivision 1, clause (3). new text end 200.25 new text begin (b) new text end new text begin Minnesota Statutes 2006, section 216B.095, new text end new text begin is repealed. new text end