Chapter No. 37 HF2123

Omnibus environment and natural resources bill.

Article 1: Environment and natural resources finance provisions provided.

Sec. 1: Summary of appropriations provided.

Sec. 2: Environment and natural resources appropriations provided.

Sec. 3: Pollution control agency appropriation provided.
Subd 1: Total appropriation provided.
Subd 2: Water appropriation provided.
Subd 3: Air appropriation provided.
Subd 4: Land appropriation provided.
Subd 5: Environmental assistance and cross-media appropriation provided.
Subd 6: Administrative support appropriation provided.

Sec. 4: Natural resources appropriations provided.
Subd 1: Total appropriation provided.
Subd 2: Land and mineral resources management appropriation provided.
Subd 3: Water resources management appropriation provided.
Subd 4: Forest management appropriation provided.
Subd 5: Parks and trails management appropriation provided.
Subd 6: Fish and wildlife management appropriation provided.
Subd 7: Ecological services appropriation provided.
Subd 8: Enforcement appropriation provided.
Subd 9: Operations support appropriation provided.

Sec. 5: Board of water and soil resources appropriation provided.

Sec. 6: Metropolitan council appropriation provided; regional parks and trails maintenance and operations funding included.

Sec. 7: Minnesota Conservation Corps appropriation provided.

Sec. 8: Zoological Board appropriation provided.

Sec. 9: Science Museum of Minnesota appropriation provided.

Sec. 10: Citation authority provision language added to include nonresident all-terrain vehicle state trail pass violations.

Sec. 11: Gift card and certificate sales authorized.

Sec. 12: Utility line construction damage fees language modified.

Sec. 13: Supplemental utility license application fee and monitoring fee authorized.

Sec. 14: Conveyance of interests in lands to state and federal governments provision language added.

Sec. 15: Road easement conveyance across state land provision language modified.

Sec. 16: Conveyance of unneeded state easements provision language modified.

Sec. 17: All-terrain vehicle exemptions provision language modified.

Sec. 18: Nonresident all-terrain vehicle state trail pass required, and fee authorization provided.

Sec. 19: Watercraft license surcharges for the invasive species account provision language modified.

Sec. 20: Easements for ingress and egress provision language modified.

Sec. 21: Free park entrance for totally and permanently service-connected disability provision language modified.

Sec. 22: Horse trail pass issuance provision language modified.

Sec. 23: Annual horse trail pass fee provision language added to include a commercial annual horse trail pass fee.

Sec. 24: Duplication of horse trail passes authorized, language added.

Sec. 25: Sales of outdoor recreation system lands for certain purposes prohibited.

Sec. 26: Land management account provision language modified.

Sec. 27: Prohibition against mining without permit language modified.

Sec. 28: Term of permit provision language added.

Sec. 29: Permit assignment provision language added.

Sec. 30: Mining administration account provision language modified.

Sec. 31: Reclamation fees provided, annual permit to mine fee established.

Sec. 32: Additional restrictions on riparian land provision language modified.

Sec. 33: Deer, bear, and lifetime licenses provision language stricken.

Sec. 34: Water use permit processing fee language modified.

Sec. 35: Permit application fees language modified.

Sec. 36: Field inspection fees language added.

Sec. 37: Regulation of storm water discharges provision language added.

Sec. 38: Enforcement funding provision language stricken.

Sec. 39: Individual sewage treatment system license fee provision language
modified.

Sec. 40: Application review and issue related fees provision language
modified.

Sec. 41: Electronic waste account provision language modified.

Sec. 42: Fund distribution provision language modified.

Sec. 43: Composting competitive grant program established.

Sec. 44: Yard waste prohibition provision language added.

Sec. 45: Feedlot permits and conditions provision language modified.

Sec. 46: Training and certification programs provision language modified.

Sec. 47: Definitions provided.

Sec. 48: Department of Health identification and publishing of chemicals of
high concern required.

Sec. 49: Department of Health identification of a chemical of high concern
as a priority chemical authorized.

Sec. 50: Applicability provided.

Sec. 51: Acceptance of donations to the Departments of Health and
Pollution Control authorized.

Sec. 52: Agency participation in interstate chemicals clearinghouse
authorized.

Sec. 53: Costs paid by generators of low-level radioactive waste through
Pollution Control Agency fees, language stricken.

Sec. 54: Greenhouse gas emissions reporting system establishment and
inventory maintenance required.

Sec. 55: High-GWP greenhouse gas definition expanded, language modified.

Sec. 56: High-GWP greenhouse gas reporting provision language modified.

Sec. 57: Standards for labeling plastic bags established, includes
biodegradable and compostable labels, enforcement provided.

Sec. 58: Hennepin County; Waste management funding procedure provided.

Sec. 59: State land sale provision language modified.

Sec. 60: Land and mineral resources management appropriation provided.

Sec. 61: Fish and wildlife management appropriation provided.

Sec. 62: Pollution Control Agency working group on SCORE reporting
required.

Sec. 63: Priority chemical reports required.

Sec. 64: Commissioner of administration prohibited from reorganizing the
Environmental Quality Board within another agency.

Sec. 65: Environmental review process streamlining report required.

Sec. 66: Compensation of staff in the office of the governor from the funds
in this act prohibited.

Sec. 67: Fish consumption advisory displays required to be posted in four
different languages.

Sec. 68: Carbon sequestration forestry report required.

Sec. 69: Repealer.

Article 2: Energy finance provisions provided.

Sec. 1: Summary of Appropriations provided.

Sec. 2: Energy finance appropriations provided from the general fund for the fiscal years 2010 and 2011.

Sec. 3: Department of Commerce appropriation provided.
Subd 1: Total appropriation provided.
Subd 2: Financial institutions appropriation provided.
Subd 3: Petroleum tank release cleanup board appropriation provided.
Subd 4: Administrative services appropriation provided.
Subd 5: Telecommunications appropriation provided.
Subd 6: Market assurance appropriation provided.
Subd 7: Office of energy security appropriation provided.
Subd 8: Telecommunications Access appropriation provided, includes funding for the Minnesota Commission Serving Deaf and Hard-of-Hearing People.

Sec. 4: Public utilities commission appropriation provided.

Sec. 5: Commissioner of commerce general powers provision language added.

Sec. 6: Additional fees required by the commissioner of commerce provision language modified.

Sec. 7: Minnesota green enterprise assistance project required.

Sec. 8: Public utilities and expenditures assessment requirement language modified.

Sec. 9: Bill objection authorization provision language modified.

Sec. 10: Cooperative and municipal assessment provision language stricken.

Sec. 11: Department of commerce required to assess all utilities.

Sec. 12: Bulk installation of solar photovoltaic panels on school buildings feasibility study and report required.

Sec. 13: Green Jobs Task Force remaining appropriations balance transfer authorized, and unencumbered appropriation balance for the rural and energy development revolving fund cancelled and reappropriated.

Article 3: Department of commerce and other regulatory provision provided.

Sec. 1: Definitions provided.

Sec. 2: Consumer small loans definitions provided.

Sec. 3: Consumer small loan lender filing requirement provision language modified.

Sec. 4: Penalties for violation provision language modified.

Sec. 5: Real estate restrictions on holding provision language modified.

Sec. 6: Exemption certification provision language modified.

Sec. 7: Residential mortgage originator application content requirements
language modified.

Sec. 8: Residential mortgage originator education and testing requirement language modified.

Sec. 9: General residential mortgage originator or servicer restrictions provision language modified.

Sec. 10: Independent certified public accountant audit report requirement language modified.

Sec. 11: Annual audit provisions provided.
Subd 1: Definitions provided.
Subd 2: Insurance company filing requirements provided
Subd 3: Exemptions provided.
Subd 4: Annual audited financial report contents requirements provided.
Subd 5: Independent certified public accountant designation required.
Subd 6: Insurer report of disagreements required.
Subd 7: Qualifications of independent certified public accountants provided.
Subd 8: Qualification exemptions provided.
Subd 9: Consolidated or combined audits authorized.
Subd 10: Scope of audit and report of independent certified public accountant provided.
Subd 11: Notification of adverse financial condition required.
Subd 12: Communication of internal control related matters notation in audit required.
Subd 13: Accountant's letter of qualification required.
Subd 14: Availability and maintenance of independent certified public accountants' work papers provision provided.
Subd 15: Requirements for audit committee provided.
Subd 16: Insurer conduct provision provided.
Subd 17: Management's report of internal control over financial reporting required.
Subd 18: Exemptions provided.
Subd 19: Canadian and British insurers provision provided.
Subd 20: Commercial mortgage loan valuation procedures provided.
Subd 21: Examinations requirements provided.
Subd 22: Penalties provided.

Sec. 12: Insolvency definition language stricken.

Sec. 13: Additional insurer requirements provided.

Sec. 14: Preneed insurance products provisions and minimum mortality standards for reserves and nonforfeiture values provided.

Sec . 15: Benefits limitations provision language modified.

Sec. 16: Prohibited sales practice provision language modified.

Sec. 17: Insurer application form language modified.

Sec. 18: Corporation for mutual insurance membership provision language
modified, authorized territory provided.

Sec. 19: Powers of corporation provision language added.

Sec. 20: Principal office of a township mutual fire insurance company
location provision language modified.

Sec. 21: Qualifying property provision language added.

Sec. 22: Amount of insurable risk provision language modified.

Sec. 23: Township mutual fire insurance companies minimum policyholders'
surplus requirements provided.

Sec. 24: Membership termination provision language stricken.

Sec. 25: Repealer.

Article 4: Debt management and debt settlement service provisions provided.

Sec. 1: Scope language added.

Sec. 2: General commissioner of commerce duties and powers provision
language modified.

Sec. 3: Commissioner of commerce supervision over financial institutions
provision language added.

Sec. 4: Commissioner assessment authority provision language added to
include debt settlement service providers.

Sec. 5: Telephone solicitation provision language modified.

Sec. 6: Advertise definition provided.

Sec. 7: Controlling or affiliated party definition language modified.

Sec. 8: Creditor definition provided.
Sec. 9: Debt management services provider definition language modified.

Sec. 10: Debt management services definition language modified.

Sec. 11: Debtor definition language modified.

Sec. 12: Debt settlement services provider definition language modified.

Sec. 13: Right of action on bond provision language modified.

Sec. 14: Denial of registration provision language modified.

Sec. 15: Written debt management services agreement requirement
provision language modified.

Sec. 16: Notice of debtor's right to cancel provision language modified.

Sec. 17: Debt management services provider prohibitions language modified.

Sec. 18: Advertisement of debt management services provision language modified.

Sec. 19: Definitions provided.

Sec. 20: Debt management services provider registration required.

Sec. 21: Registration application form requirements provided.

Sec. 22: Denial, suspension, revocation, or nonrenewal of registration
authorized.

Sec. 23: Written debt settlement services agreement and disclosures
required, trust account provision included.

Sec. 24: Debtor's right to cancel provided.

Sec. 25: Registrant books, records, and information retention required.

Sec. 26: Debt settlement services provider fees authorized, consent of creditors required.

Sec. 27: Debt settlement services provider prohibitions.

Sec. 28: Advertisement of debt settlement services provision provided.

Sec. 29: Debt settlement services agreement rescission authorized.

Sec. 30: Enforcement and remedies provided.

Sec. 31: Investigations of registrant books and records authorized.

ERS, 5/6/09