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Office of the Revisor of Statutes

HF 2150

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

KEY: stricken = removed, old language.
underscored = added, new language.
Line numbers
1.1A bill for an act 1.2relating to state government; making changes to the Housing Finance Agency; 1.3Department of Health; health-related fees; Department of Human Services; 1.4increasing fees; requiring reports; appropriating money to various state agencies 1.5for public health and housing;amending Minnesota Statutes 2008, sections 1.6103I.208, subdivision 2; 144.121, subdivisions 1a, 1b; 144.1222, subdivision 1.71a; 144.125, subdivision 1; 144.72, subdivisions 1, 3; 144.9501, subdivisions 1.822b, 26a, by adding subdivisions; 144.9504, by adding a subdivision; 144.9505, 1.9subdivisions 1g, 4; 144.9508, subdivisions 2, 3, 4; 144.9512, subdivision 2; 1.10144.966, by adding a subdivision; 144.97, subdivisions 2, 4, 6, by adding 1.11subdivisions; 144.98, subdivisions 1, 2, 3, by adding subdivisions; 144.99, 1.12subdivision 1; 148.108; 148D.180, subdivisions 1, 2, 3, 5; 148E.180, subdivisions 1.131, 2, 3, 5; 153A.17; 156.015; 157.15, by adding a subdivision; 157.16; 157.22; 1.14327.14, by adding a subdivision; 327.15; 327.16; 327.20, subdivision 1, by 1.15adding a subdivision; 327C.03, by adding a subdivision; 327C.095, subdivision 1.1612; 462A.05, subdivisions 14, 14a; 469.201, subdivisions 2, 4, 6, 7, 10, 11, 12; 1.17469.202; 469.203, subdivisions 1, 2, 4; 469.204, subdivision 1, by adding a 1.18subdivision; 469.205; 469.207, subdivision 2; 580.07; proposing coding for new 1.19law in Minnesota Statutes, chapters 116; 145; 156; repealing Minnesota Statutes 1.202008, sections 103I.112; 144.9501, subdivision 17b; 148D.180, subdivision 1.218; 327.14, subdivisions 5, 6; 469.203, subdivision 3; 469.204, subdivisions 1.222, 3; Minnesota Rules, parts 4626.2015, subpart 9; 9100.0400, subparts 1, 3; 1.239100.0500; 9100.0600. 1.24BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.25ARTICLE 1 1.26HOUSING FINANCE AGENCY 1.27    Section 1. Minnesota Statutes 2008, section 327C.03, is amended by adding a 1.28subdivision to read: 1.29    new text begin Subd. 6.new text end new text begin Payment to the Minnesota manufactured home relocation trust fund.new text end 1.30new text begin In the event a park owner has been assessed under section 327C.095, subdivision 12, new text end 1.31new text begin paragraph (c), the park owner may collect the $12 annual payment required by section new text end 2.1new text begin 327C.095, subdivision 12, for participation in the relocation trust fund, as a lump sum new text end 2.2new text begin or, along with monthly lot rent, a fee of no more than $1 per month to cover the cost of new text end 2.3new text begin participating in the relocation trust fund. The $1 fee must be separately itemized and new text end 2.4new text begin clearly labeled "Minnesota manufactured home relocation trust fund."new text end 2.5    Sec. 2. Minnesota Statutes 2008, section 327C.095, subdivision 12, is amended to read: 2.6    Subd. 12. Payment to the Minnesota manufactured home relocation trust fund. 2.7    (a) If a manufactured home owner is required to move due to the conversion of all or a 2.8portion of a manufactured home park to another use, the closure of a park, or cessation 2.9of use of the land as a manufactured home park, the manufactured park owner shall, 2.10upon the change in use, pay to the commissioner of finance for deposit in the Minnesota 2.11manufactured home relocation trust fund under section 462A.35, the lesser amount of the 2.12actual costs of moving or purchasing the manufactured home approved by the neutral 2.13third party and paid by the Minnesota Housing Finance Agency under subdivision 13, 2.14paragraph (a) or (e), or $3,250 for each single section manufactured home, and $6,000 for 2.15each multisection manufactured home, for which a manufactured home owner has made 2.16application for payment of relocation costs under subdivision 13, paragraph (c). The 2.17manufactured home park owner shall make payments required under this section to the 2.18Minnesota manufactured home relocation trust fund within 60 days of receipt of invoice 2.19from the neutral third party. 2.20    (b) A manufactured home park owner is not required to make the payment prescribed 2.21under paragraph (a), nor is a manufactured home owner entitled to compensation under 2.22subdivision 13, paragraph (a) or (e), if: 2.23    (1) the manufactured home park owner relocates the manufactured home owner to 2.24another space in the manufactured home park or to another manufactured home park at 2.25the park owner's expense; 2.26    (2) the manufactured home owner is vacating the premises and has informed the 2.27manufactured home park owner or manager of this prior to the mailing date of the closure 2.28statement under subdivision 1; 2.29    (3) a manufactured home owner has abandoned the manufactured home, or the 2.30manufactured home owner is not current on the monthly lot rental, personal property 2.31taxes, or has failed to pay the annual $12 payments to the Minnesota manufactured home 2.32relocation trust fund when due; 2.33    (4) the manufactured home owner has a pending eviction action for nonpayment of 2.34lot rental amount under section 327C.09, which was filed against the manufactured home 3.1owner prior to the mailing date of the closure statement under subdivision 1, and the writ 3.2of recovery has been ordered by the district court; 3.3    (5) the conversion of all or a portion of a manufactured home park to another use, 3.4the closure of a park, or cessation of use of the land as a manufactured home park is the 3.5result of a taking or exercise of the power of eminent domain by a governmental entity 3.6or public utility; or 3.7    (6) the owner of the manufactured home is not a resident of the manufactured home 3.8park, as defined in section 327C.01, subdivision 9, or the owner of the manufactured home 3.9is a resident, but came to reside in the manufactured home park after the mailing date of 3.10the closure statement under subdivision 1. 3.11    (c) Owners of manufactured homes who rent lots in a manufactured home park shall 3.12make annual payments to the park owner, to be deposited in the Minnesota manufactured 3.13home relocation trust fund under section , in the amount of $12 per year, per 3.14manufactured home, payable on August 15 of each year. On or before July 15 of each 3.15year, the commissioner of finance shall prepare and post on the department's Web site a 3.16generic invoice and cover letter explaining the purpose of the Minnesota manufactured 3.17home relocation trust fund, the obligation of each manufactured home owner to make an 3.18annual $12 payment into the fund, the due date, and the need to pay to the park owner for 3.19collection, and a warning, in 14-point font, that if the annual payments are not made when 3.20due, the manufactured home owner will not be eligible for compensation from the fund if 3.21the manufactured home park closes. The park owner shall receive, record, and commingle 3.22the payments and forward the payments to the commissioner of finance by September 3.2315 of each year, with a summary by the park owner, certifying the name, address, and 3.24payment amount of each remitter, and noting the names and address of manufactured home 3.25owners who did not pay the $12 annual payment, sent to both the commissioner of finance 3.26and the commissioner of the Minnesota Housing Finance Agency. The commissioner of 3.27finance shall deposit the payments in the Minnesota manufactured home relocation trust 3.28fund.new text begin The commissioner of finance shall annually assess each manufactured home park new text end 3.29new text begin owner by mail the total amount of $12 for each licensed lot in their park, payable on new text end 3.30new text begin or before September 15 of each year. The commissioner of finance shall deposit the new text end 3.31new text begin payments in the Minnesota manufactured home relocation trust fund. On or before July new text end 3.32new text begin 15 of each year, the commissioner of finance shall prepare and distribute to park owners new text end 3.33new text begin a letter explaining the collection, an invoice for all licensed lots, and a sample form for new text end 3.34new text begin the park owners to collect information on which park residents have been accounted for. new text end 3.35new text begin The park owner may recoup the cost of the assessment with a monthly fee of no more new text end 3.36new text begin than $1 collected from park residents together with monthly lot rent as provided in section new text end 4.1new text begin 327C.03, subdivision 1. Park owners may adjust payment for lots in their park that are new text end 4.2new text begin vacant or otherwise not eligible for contribution to the trust fund under section 327C.095, new text end 4.3new text begin subdivision 12, paragraph (b), and deduct from the assessment, accordingly.new text end 4.4    (d) This subdivision and subdivision 13, paragraph (c), clause (5), are enforceable by 4.5the neutral third party, on behalf of the Minnesota Housing Finance Agency, or by action 4.6in a court of appropriate jurisdiction.new text begin The court may award a prevailing party reasonable new text end 4.7new text begin attorney fees, court costs, and disbursements.new text end 4.8    Sec. 3. Minnesota Statutes 2008, section 462A.05, subdivision 14, is amended to read: 4.9    Subd. 14. Rehabilitation loans. It may agree to purchase, make, or otherwise 4.10participate in the making, and may enter into commitments for the purchase, making, or 4.11participation in the making, of eligible loans for rehabilitationnew text begin , with terms and conditions new text end 4.12new text begin as the agency deems advisable,new text end to persons and families of low and moderate income, and 4.13to owners of existing residential housing for occupancy by such persons and families, 4.14for the rehabilitation of existing residential housing owned by them. The loans may be 4.15insured or uninsured and may be made with security, or may be unsecured, as the agency 4.16deems advisable. The loans may be in addition to or in combination with long-term 4.17eligible mortgage loans under subdivision 3. They may be made in amounts sufficient 4.18to refinance existing indebtedness secured by the property, if refinancing is determined 4.19by the agency to be necessary to permit the owner to meet the owner's housing cost 4.20without expending an unreasonable portion of the owner's income thereon. No loan for 4.21rehabilitation shall be made unless the agency determines that the loan will be used 4.22primarily to make the housing more desirable to live in, to increase the market value of the 4.23housing, for compliance with state, county or municipal building, housing maintenance, 4.24fire, health or similar codes and standards applicable to housing, or to accomplish energy 4.25conservation related improvements. In unincorporated areas and municipalities not 4.26having codes and standards, the agency may, solely for the purpose of administering 4.27the provisions of this chapter, establish codes and standards. Except for accessibility 4.28improvements under this subdivision and subdivisions 14a and 24, clause (1), no secured 4.29loan for rehabilitation of any new text begin owner-occupied new text end property shall be made in an amount which, 4.30with all other existing indebtedness secured by the property, would exceed 110 percent 4.31of its market value, as determined by the agency. No loan under this subdivision new text begin for the new text end 4.32new text begin rehabilitation of owner-occupied housing new text end shall be denied solely because the loan will not 4.33be used for placing the new text begin owner-occupied new text end residential housing in full compliance with all 4.34state, county, or municipal building, housing maintenance, fire, health, or similar codes 4.35and standards applicable to housing. Rehabilitation loans shall be made only when the 5.1agency determines that financing is not otherwise available, in whole or in part, from 5.2private lenders upon equivalent terms and conditions. Accessibility rehabilitation loans 5.3authorized under this subdivision may be made to eligible persons and families without 5.4limitations relating to the maximum incomes of the borrowers if: 5.5(1) the borrower or a member of the borrower's family requires a level of care 5.6provided in a hospital, skilled nursing facility, or intermediate care facility for persons 5.7with developmental disabilities; 5.8(2) home care is appropriate; and 5.9(3) the improvement will enable the borrower or a member of the borrower's family 5.10to reside in the housing. 5.11The agency may waive any requirement that the housing units in a residential housing 5.12development be rented to persons of low and moderate income if the development consists 5.13of four or less dwelling units, one of which is occupied by the owner. 5.14    Sec. 4. Minnesota Statutes 2008, section 462A.05, subdivision 14a, is amended to read: 5.15    Subd. 14a. Rehabilitation loans; existing owner occupied residential housing. 5.16It may make loans to persons and families of low and moderate income to rehabilitate 5.17or to assist in rehabilitating existing residential housing owned and occupied by those 5.18persons or families. No loan shall be made unless the agency determines that the loan 5.19will be used primarily for rehabilitation work necessary for health or safety, essential 5.20accessibility improvements, or to improve the energy efficiency of the dwelling. No 5.21loan for rehabilitation of owner occupied residential housing shall be denied solely 5.22because the loan will not be used for placing the residential housing in full compliance 5.23with all state, county or municipal building, housing maintenance, fire, health or similar 5.24codes and standards applicable to housing. The amount of any loan shall not exceed the 5.25lesser of (a) a maximum loan amount determined under rules adopted by the agency 5.26not to exceed $20,000new text begin $27,000new text end , or (b) the actual cost of the work performed, or (c) that 5.27portion of the cost of rehabilitation which the agency determines cannot otherwise be 5.28paid by the person or family without the expenditure of an unreasonable portion of the 5.29income of the person or family. Loans made in whole or in part with federal funds may 5.30exceed the maximum loan amount to the extent necessary to comply with federal lead 5.31abatement requirements prescribed by the funding source. In making loans, the agency 5.32shall determine the circumstances under which and the terms and conditions under which 5.33all or any portion of the loan will be repaid and shall determine the appropriate security 5.34for the repayment of the loan. Loans pursuant to this subdivision may be made with 5.35or without interest or periodic payments. 6.1    Sec. 5. Minnesota Statutes 2008, section 469.201, subdivision 2, is amended to read: 6.2    Subd. 2. City. "City" means a city of the first class as defined in section and 6.3a city of the second class that is designated as an economically depressed area by the 6.4United States Department of Commercenew text begin any statutory or home rule charter city, town, or new text end 6.5new text begin townshipnew text end . For each city, a port authority, housing and redevelopment authority, or other 6.6agency or instrumentality, the jurisdiction of which is the territory of the city, is included 6.7within the meaning of city. 6.8    Sec. 6. Minnesota Statutes 2008, section 469.201, subdivision 4, is amended to read: 6.9    Subd. 4. City matching money. (a) "City matching money" means the money of a 6.10city specified in a new text begin targeted new text end revitalization program. The sources of city matching money 6.11may include: 6.12(1) money from the general fund or a special fund of a city used to implement a 6.13new text begin targeted new text end revitalization program; 6.14(2) money paid or repaid to a city from the proceeds of a grant that a city has 6.15received from the federal government, a profit or nonprofit corporation, or another entity 6.16or individual, that is to be used to implement a new text begin targetednew text end revitalization program; 6.17(3) tax increments received by a city under sections 469.174 to 469.179 or other law, 6.18if eligible, to be spent in the targeted neighborhoodnew text begin communitynew text end ; 6.19(4) the greater of the fair market value or the cost to the city of acquiring land, 6.20buildings, equipment, or other real or personal property that a city contributes, grants, 6.21leases, or loans to a profit or nonprofit corporation or other entity or individual, in 6.22connection with the implementation of a new text begin targeted new text end revitalization program; 6.23(5) city money to be used to acquire, install, reinstall, repair, or improve the 6.24infrastructure facilities of a targeted neighborhoodnew text begin communitynew text end ; 6.25(6) money contributed by a city to pay issuance costs, fund bond reserves, or to 6.26otherwise provide financial support for revenue bonds or obligations issued by a city for a 6.27project or program related to the implementation of a new text begin targeted new text end revitalization program; 6.28(7) money derived from fees received by a city in connection with its community 6.29development activities that are to be used in implementing a new text begin targeted new text end revitalization 6.30program; 6.31(8) money derived from the apportionment to the city under section 162.14 or by 6.32special law, and expended in a targeted neighborhoodnew text begin communitynew text end for an activity related to 6.33the new text begin targeted new text end revitalization program; 6.34(9) administrative expenses of the city that are incurred in connection with the 6.35planning, implementation, or reporting requirements of sections 469.201 to 469.207. 7.1(b) City matching money does not include: 7.2(1) city money used to provide a service or to exercise a function that is ordinarily 7.3provided throughout the city, unless an increased level of the service or function is 7.4to be provided in a targeted neighborhoodnew text begin communitynew text end in accordance with a new text begin targeted new text end 7.5revitalization program; 7.6(2) the proceeds of bonds issued by the city under chapter 462C or 469 and payable 7.7solely from repayments made by one or more nongovernmental persons in consideration 7.8for the financing provided by the bonds; or 7.9(3) money given by the state to fund any part of the new text begin targeted new text end revitalization program. 7.10    Sec. 7. Minnesota Statutes 2008, section 469.201, subdivision 6, is amended to read: 7.11    Subd. 6. Housing activities. "Housing activities" include any work or undertaking 7.12to provide housing and related services and amenities primarily for persons and families of 7.13low or moderate income. This work or undertaking may include the planning of buildings 7.14and improvements; the acquisition of real propertynew text begin ,new text end which may be needed immediatelynew text begin new text end 7.15new text begin to address vacancies, foreclosures, and preservation of housing now new text end or in the future for 7.16housing purposes and thenew text begin ;new text end demolition of any existing improvementsnew text begin ; activities to address new text end 7.17new text begin lead abatement, energy efficiencies, or other activities related to the health of a buildingnew text end ; 7.18and the construction, reconstruction, alteration, and repair of new and existing buildings. 7.19Housing activities also include the provision of a housing rehabilitation and energy 7.20improvement loan and grant program with respect to any residential property located 7.21within the targeted neighborhoodnew text begin communitynew text end , the cost of relocation relating to acquiring 7.22property for housing activities, and programs authorized by chapter 462C. 7.23    Sec. 8. Minnesota Statutes 2008, section 469.201, subdivision 7, is amended to read: 7.24    Subd. 7. Lost unit. "Lost unit" means a rental housing unit new text begin that has been vacant new text end 7.25new text begin for more than six months or has been condemned for code violations, new text end that is lost as a 7.26result of revitalization activities because it is demolished, converted to an owner-occupied 7.27unit that is not a cooperative, or converted to a nonresidential use, or because the gross 7.28rent to be charged exceeds 125 percent of the gross rent charged for the unit six months 7.29before the start of rehabilitation. 7.30    Sec. 9. Minnesota Statutes 2008, section 469.201, subdivision 10, is amended to read: 7.31    Subd. 10. Targeted neighborhood new text begin communitynew text end . "Targeted neighborhoodnew text begin new text end 7.32new text begin communitynew text end " means an area including one or more census tracts, as determined and 7.33measured by the Bureau of Census of the United States Department of Commerce, that 8.1a city council determines in a resolution adopted under section 469.202, subdivision 1, 8.2meets the criteria of section 469.202, subdivision 2, and any additional area designated 8.3under section 469.202, subdivision 3. 8.4    Sec. 10. Minnesota Statutes 2008, section 469.201, subdivision 11, is amended to read: 8.5    Subd. 11. Targeted neighborhoodnew text begin communitynew text end money. "Targeted neighborhoodnew text begin new text end 8.6new text begin communitynew text end money" means the money designated in the new text begin targeted new text end revitalization program to 8.7be used to implement the new text begin targeted new text end revitalization program. 8.8    Sec. 11. Minnesota Statutes 2008, section 469.201, subdivision 12, is amended to read: 8.9    Subd. 12. Targeted neighborhoodnew text begin communitynew text end revitalization and financing 8.10program. "Targeted neighborhoodnew text begin communitynew text end revitalization and financing program," 8.11"revitalization program," or "program" means the targeted neighborhoodnew text begin communitynew text end 8.12revitalization and financing program adopted in accordance with section 469.203. 8.13    Sec. 12. Minnesota Statutes 2008, section 469.202, is amended to read: 8.14469.202 DESIGNATION OF TARGETED NEIGHBORHOODSnew text begin new text end 8.15new text begin COMMUNITIESnew text end . 8.16    Subdivision 1. City authority. A city may by resolution designate new text begin a new text end targeted 8.17neighborhoodsnew text begin communitynew text end within its borders after adopting detailed findings that the 8.18designated neighborhoodsnew text begin communitiesnew text end meet the eligibility requirements in subdivision 2 8.19or 3. 8.20    Subd. 2. Eligibility requirements for targeted neighborhoodsnew text begin communitiesnew text end . An 8.21area within a city is eligible for designation as a targeted neighborhoodnew text begin communitynew text end if the 8.22area meets twonew text begin threenew text end of the following threenew text begin fournew text end criteria: 8.23(a) The area had an unemployment rate that was twice the unemployment rate for 8.24the Minneapolis and Saint Paul standard metropolitan statistical area as determined by 8.25the most recent federal decennial census. 8.26(b) The median household income in the area was no more than halfnew text begin 80 percent of new text end 8.27 the median household income for the Minneapolis and Saint Paul standard metropolitan 8.28statistical area as determined by the most recent federal decennial census. 8.29(c) The area is characterized by residential dwelling units in need of substantial 8.30rehabilitation. An area qualifies under this paragraph if 25 percent or more of the 8.31residential dwelling units are in substandard condition as determined by the city, or if 70 8.32percent or more of the residential dwelling units in the area were built before 1940new text begin 1960new text end as 8.33determined by the most recent federal decennial census. 9.1new text begin (d) The area is characterized by having a disproportionate number of vacant new text end 9.2new text begin residential buildings and mortgage foreclosures. An area qualifies under this paragraph new text end 9.3new text begin if it has either:new text end 9.4new text begin (1) a foreclosure rate of at least 1.5 percent in 2008; ornew text end 9.5new text begin (2) a foreclosure rate in 2008 in the city or in a zip code area of the city that is at new text end 9.6new text begin least 50 percent higher than the average foreclosure rate in the metropolitan area, as new text end 9.7new text begin defined in section 473.121, subdivision 2. For purposes of this paragraph, "foreclosure new text end 9.8new text begin rate" means the number of foreclosures, as indicated by sheriff sales records, divided by new text end 9.9new text begin the number of households in the city in 2007.new text end 9.10    Subd. 3. Additional area eligible for inclusion in targeted neighborhoodnew text begin new text end 9.11new text begin communitynew text end . (a) A city may add to the area designated as a targeted neighborhoodnew text begin new text end 9.12new text begin communitynew text end under subdivision 2 additional area extending up to four contiguous city 9.13blocks in all directions from the designated targeted neighborhoodnew text begin communitynew text end . For the 9.14purpose of this subdivision, "city block" has the meaning determined by the city; or 9.15(b) The city may enlarge the targeted neighborhoodnew text begin communitynew text end to include portions 9.16of a census tract that is contiguous to a targeted neighborhoodnew text begin communitynew text end , provided that 9.17the city council first determines the additional area satisfies twonew text begin threenew text end of the threenew text begin fournew text end 9.18criteria in subdivision 2. 9.19    Sec. 13. Minnesota Statutes 2008, section 469.203, subdivision 1, is amended to read: 9.20    Subdivision 1. Requirements. For each targeted neighborhoodnew text begin communitynew text end for 9.21which a city requests state financial assistance under section 469.204, the city must 9.22prepare a comprehensive revitalization and financing program that includes the following: 9.23(1) the revitalization objectives of the city for the targeted neighborhoodnew text begin communitynew text end ; 9.24(2) the specific activities or means by which the city intends to pursue and implement 9.25the revitalization objectives; 9.26(3) the extent to which the activities identified in clause (2) will benefit low- 9.27and moderate-income families, will alleviate the blighted condition of the targeted 9.28neighborhoodnew text begin communitynew text end , or will otherwise assist in the revitalization of the targeted 9.29neighborhoodnew text begin communitynew text end ; 9.30(4) a statement of the intended outcomes to be achieved by implementation of the 9.31new text begin targeted new text end revitalization program, how the outcomes will be measured both qualitatively and 9.32quantitatively, and the estimated time over which they will occur; and 9.33(5) a financing program and budget that identifies the financial resources necessary 9.34to implement the new text begin targeted new text end revitalization program, including: 9.35(i) the estimated total cost to implement the new text begin targeted new text end revitalization program; 10.1(ii) the estimated cost to implement each activity in the revitalization program 10.2identified in clause (2); 10.3(iii) the estimated amount of financial resources that will be available from all 10.4sources other than from the appropriation available under section 469.204 to implement 10.5the revitalization program, including the amount of private investment expected to result 10.6from the use of public money in the targeted neighborhoodnew text begin communitynew text end ; 10.7(iv) the estimated amount of the appropriation available under section 469.204 that 10.8will be necessary to implement the new text begin targeted new text end revitalization program; 10.9(v) a description of the activities identified in the new text begin targeted new text end revitalization program for 10.10which the state appropriation will be committed or spent; and 10.11(vi) a statement of how the city intends to meet the requirement for a financial 10.12contribution from city matching money in accordance with section 469.204, subdivision 3. 10.13    Sec. 14. Minnesota Statutes 2008, section 469.203, subdivision 2, is amended to read: 10.14    Subd. 2. Targeted neighborhoodnew text begin communitynew text end participation in preparing 10.15revitalization program. A city requesting state financial assistance under section 10.16469.204 shall adoptnew text begin follownew text end a process to involve the residents of targeted neighborhoodsnew text begin new text end 10.17new text begin communitiesnew text end in the development, drafting, and implementation of the new text begin targeted new text end 10.18revitalization program. The process shall include the use of a citizen participation 10.19process established by the city. A description of the process must be included in the 10.20program. The process to involve residents of the targeted neighborhoodnew text begin communitynew text end 10.21must include at least one public hearing. The city of Minneapolis shall establish the 10.22community-based process as outlined in subdivision 3. The city of St. Paul shall use 10.23the same community-based process the city used in planning, developing, drafting, and 10.24implementing the revitalization program required under Laws 1987, chapter 386, article 6, 10.25section 6. The city of Duluth shall use the same citizen participation process the city used 10.26in planning, developing, and implementing the federal funded community development 10.27programnew text begin meeting in the targeted communitynew text end . 10.28    Sec. 15. Minnesota Statutes 2008, section 469.203, subdivision 4, is amended to read: 10.29    Subd. 4. City approval of program. (a) Before new text begin or after new text end adoption of a revitalization 10.30program under paragraph (b), the city must submit a preliminary program to the 10.31commissioner and the Minnesota Housing Finance Agency for their comments. The city 10.32may not adopt the revitalization program until comments have been received from the 10.33state agencies or 30 days have elapsed without response after the program was sent to 10.34them. Comments received by the city from the state agencies within the 30-day periodnew text begin 30 new text end 11.1new text begin days after submission of the preliminary programnew text end must be responded to in writing by the 11.2city before adoption of the program by the city. 11.3(b) The city may adopt a new text begin targeted new text end revitalization program only after holding a public 11.4hearing after the program has been prepared. Notice of the hearing must be provided in a 11.5newspaper of general circulation in the city and in the most widely circulated community 11.6newspaper in the targeted neighborhoods not less than ten days nor more than 30 days 11.7before the date of the hearingnew text begin subject to any local public notification requirements new text end 11.8new text begin and consistent with citizen participation process established for identifying targeted new text end 11.9new text begin communitiesnew text end . 11.10(c) A certification by the city that a new text begin targeted new text end revitalization program has been 11.11approved by the city council for the targeted neighborhoodnew text begin communitynew text end must be provided 11.12to the commissioner together with a copy of the program. A copy of the program must 11.13also be provided to the Minnesota Housing Finance Agency and the commissioner of 11.14employment and economic development. 11.15(d) A new text begin targeted new text end revitalization program for the city may be modified at any time by 11.16the city council after a public hearing, notice of which is published in a newspaper of 11.17general circulation in the city and in the targeted neighborhood at least ten days nor 11.18more than 30 days before the date of the hearing. If the city council determines that the 11.19proposed modification is a significant modification to the program originally certified 11.20under paragraph (c), the city council shall implement the new text begin targeted new text end revitalization program 11.21approval and certification process of this subdivision for the proposed modification. 11.22    Sec. 16. Minnesota Statutes 2008, section 469.204, subdivision 1, is amended to read: 11.23    Subdivision 1. Payment of state money. Upon receipt from a city of a certification 11.24that a revitalization program has been adopted or modified, the commissioner shall, within 11.2530 days, pay to the city the amount of state money identified as necessary to implement 11.26the revitalization program or program modification. State money may be paid to the 11.27city only to the extent that the appropriation limit for the city specified in subdivision 2 11.28is not exceeded. Once the state money has been paid to the city, it becomes targeted 11.29neighborhood new text begin community new text end money for use by the city in accordance with an adopted 11.30revitalization program and subject only to the restrictions on its use in sections 469.201 to 11.31469.207 . 11.32    Sec. 17. Minnesota Statutes 2008, section 469.204, is amended by adding a subdivision 11.33to read: 12.1    new text begin Subd. 4.new text end new text begin Revolving fund.new text end new text begin A targeted community revitalization revolving fund new text end 12.2new text begin is established in the state treasury. The fund consists of all money appropriated to the new text end 12.3new text begin commissioner for the purposes of sections 469.201 to 469.207 and all proceeds received new text end 12.4new text begin by the commissioner as the result of housing activities related to a targeted community new text end 12.5new text begin revitalization program.new text end 12.6    Sec. 18. Minnesota Statutes 2008, section 469.205, is amended to read: 12.7469.205 CITY POWERS; USES OF TARGETED NEIGHBORHOODnew text begin new text end 12.8new text begin COMMUNITYnew text end MONEY. 12.9    Subdivision 1. Consolidation of existing powers in targeted neighborhoodsnew text begin new text end 12.10new text begin communitiesnew text end . A city may exercise any of its corporate powers within a targeted 12.11neighborhoodnew text begin communitynew text end . Those powers shall include, but not be limited to, all of 12.12the powers enumerated and granted to any city by chapters 462C, 469, and 474A. For 12.13the purposes of sections 469.048 to 469.068, a targeted neighborhoodnew text begin communitynew text end is 12.14considered an industrial development district. A city may exercise the powers of sections 12.15469.048 to 469.068 in conjunction with, and in addition to, exercising the powers granted 12.16by sections 469.001 to 469.047 and chapter 462C, in order to promote and assist housing 12.17construction and rehabilitation within a targeted neighborhoodnew text begin communitynew text end . For the 12.18purposes of section 462C.02, subdivision 9, a targeted neighborhoodnew text begin communitynew text end is 12.19considered a "targeted area." 12.20    Subd. 2. Grants and loans. In addition to the authority granted by other law, a city 12.21may make grants, loans, and other forms of public assistance to individuals, for-profit and 12.22nonprofit corporations, and other organizations to implement a new text begin targeted new text end revitalization 12.23program. The public assistance must contain the terms the city considers proper to 12.24implement a new text begin targeted new text end revitalization program. 12.25    Subd. 3. Eligible uses of targeted neighborhoodnew text begin communitynew text end money. The city may 12.26spend targeted neighborhoodnew text begin communitynew text end money for any purpose authorized by subdivision 12.271 or 2, except that an amount equal to at least 50 percent of the state payment under section 12.28469.204 made to the city must be used for housing activities. Use of target neighborhoodnew text begin new text end 12.29new text begin targeted communitynew text end money must be authorized in a new text begin targeted new text end revitalization program. 12.30    Sec. 19. Minnesota Statutes 2008, section 469.207, subdivision 2, is amended to read: 12.31    Subd. 2. Annual report. A city that begins to implement a revitalization program 12.32in a calendar year must, by March 1 of the succeeding calendar year, provide a detailed 12.33report on the revitalization program or programs being implemented in the city. The report 12.34must describe the status of the program implementation and analyze whether the intended 13.1outcomes identified in section 469.203, subdivision 1, clause (4), are being achieved. The 13.2report must include at least the following: 13.3(1) the number of housing units, including lost units, removed, created, lost, 13.4replaced, relocated, and assisted as a result of the program. The level of rent of the units 13.5and the income of the households affected must be included in the report; 13.6(2) the number and type of commercial establishments removed, created, and 13.7assisted as a result of a revitalization program. The report must include information 13.8regarding the number of new jobs created by category, whether the jobs are full time or 13.9part time, and the salary or wage levels of both new and expanded jobs in the affected 13.10commercial establishments; 13.11(3) a description of a statement of the cost of the public improvement projects that 13.12are part of the program and the number of jobs created for each $20,000 of money spent 13.13on commercial projects and applicable public improvement projects; 13.14(4) the increase in the tax capacity for the city as a result of the assistance to 13.15commercial and housing assistance; and 13.16(5) the amount of private investment that is a result of the use of public money 13.17in a targeted neighborhoodnew text begin communitynew text end . 13.18The report must be submitted to the commissioner, the Minnesota housing finance 13.19agency, and the legislative audit commission, and must be available to the public. 13.20    Sec. 20. Minnesota Statutes 2008, section 580.07, is amended to read: 13.21580.07 POSTPONEMENT. 13.22    new text begin Subdivision 1.new text end new text begin Postponement by mortgagee.new text end The sale may be postponed, from 13.23time to time, by the party conducting the foreclosure, by inserting a notice of the 13.24postponement, as soon as practicable, in the newspaper in which the original advertisement 13.25was published, at the expense of the party requesting the postponement. The notice shall 13.26be published only once. 13.27    new text begin Subd. 2.new text end new text begin Postponement by mortgagor or owner.new text end new text begin (a) If all or a part of the property new text end 13.28new text begin to be sold is classified as homestead under section 273.124 and contains one to four new text end 13.29new text begin dwelling units, the mortgagor or owner may postpone the sale to the first date that is not new text end 13.30new text begin a Saturday, Sunday, or legal holiday and is five months after the originally scheduled new text end 13.31new text begin date of sale in the manner provided in this subdivision. To postpone a foreclosure sale new text end 13.32new text begin pursuant to this subdivision, at any time after the first publication of the notice of mortgage new text end 13.33new text begin foreclosure sale under section 580.03 but at least 15 days prior to the scheduled sale date new text end 13.34new text begin specified in that notice, the mortgagor shall: (1) execute a sworn affidavit in the form set new text end 13.35new text begin forth in subdivision 3, (2) record the affidavit in the office of each county recorder and new text end 14.1new text begin registrar of titles where the mortgage was recorded, and (3) file with the sheriff conducting new text end 14.2new text begin the sale and deliver to the attorney foreclosing the mortgage, a copy of the recorded new text end 14.3new text begin affidavit, showing the date and office in which the affidavit was recorded. Recording of new text end 14.4new text begin the affidavit and postponement of the foreclosure sale pursuant to this subdivision shall new text end 14.5new text begin automatically reduce the mortgagor's redemption period under section 580.23 to five new text end 14.6new text begin weeks. The postponement of a foreclosure sale pursuant to this subdivision does not new text end 14.7new text begin require any change in the contents of the notice of sale, service of the notice of sale if the new text end 14.8new text begin occupant was served with the notice of sale prior to postponement under this subdivision, new text end 14.9new text begin or publication of the notice of sale if publication was commenced prior to postponement new text end 14.10new text begin under this subdivision, notwithstanding the service and publication time periods specified new text end 14.11new text begin in section 580.03, but the sheriff's certificate of sale shall indicate the actual date of the new text end 14.12new text begin foreclosure sale and the actual length of the mortgagor's redemption period. No notice new text end 14.13new text begin of postponement need be published. An affidavit complying with subdivision 3 shall be new text end 14.14new text begin prima facie evidence of the facts stated therein, and shall be entitled to be recorded. The new text end 14.15new text begin right to postpone a foreclosure sale pursuant to this subdivision may be exercised only new text end 14.16new text begin once, regardless whether the mortgagor reinstates the mortgage prior to the postponed new text end 14.17new text begin mortgage foreclosure sale.new text end 14.18new text begin (b) If the automatic stay under United States Code, title 11, section 362, applies new text end 14.19new text begin to the mortgage foreclosure after a mortgagor or owner requests postponement of the new text end 14.20new text begin sheriff's sale under this section, then when the automatic stay is no longer applicable, the new text end 14.21new text begin mortgagor's or owner's election to shorten the redemption period to five weeks under this new text end 14.22new text begin section remains applicable to the mortgage foreclosure.new text end 14.23    new text begin Subd. 3.new text end new text begin Affidavit form.new text end new text begin The affidavit referred to in subdivision 2 shall be in new text end 14.24new text begin substantially the following form and shall contain all of the following information.new text end 14.25new text begin STATE OF ______________new text end 14.26new text begin COUNTY OF ______________new text end 14.27    new text begin ________________________________________ (whether one or more, "Owner"), new text end 14.28new text begin being first duly sworn on oath, states as follows:new text end 14.29    new text begin 1. (He is) (She is) (They are) the owner(s) or mortgagor(s) of the real property (the new text end 14.30new text begin "Property") situated in __________ (Name of) County, Minnesota, legally described in the new text end 14.31new text begin attached published Notice of Mortgage Foreclosure Sale (the "Notice"), and make this new text end 14.32new text begin affidavit for the purpose of postponing the foreclosure sale of the Property pursuant to new text end 14.33new text begin Minnesota Statutes, section 580.07, subdivision 2, for five months from the date scheduled new text end 14.34new text begin in the attached Notice.new text end 15.1    new text begin 2. The Property is classified as homestead under Minnesota Statutes, section new text end 15.2new text begin 273.124, is occupied by Owner as a homestead, and is improved with not more than new text end 15.3new text begin four dwelling units.new text end 15.4    new text begin 3. Owner has elected to shorten Owner's redemption period from any foreclosure new text end 15.5new text begin sale of the Property to five weeks in exchange for the postponement of the foreclosure new text end 15.6new text begin sale for five months.new text end 15.7new text begin ___________________________________________ (signature(s) of owner)new text end 15.8new text begin Signed and sworn to (or affirmed) before me on .......... (date) by ................ (name(s) new text end 15.9new text begin of person(s) making statement).new text end 15.10new text begin ___________________________________________ (signature of notary public)new text end 15.11new text begin Notary Publicnew text end 15.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective one month after the date of final new text end 15.13new text begin enactment, and applies to foreclosure sales scheduled to occur on or after said effective new text end 15.14new text begin date.new text end 15.15    Sec. 21. new text begin REPEALER.new text end 15.16new text begin Minnesota Statutes 2008, sections 469.203, subdivision 3; and 469.204, subdivisions new text end 15.17new text begin 2 and 3,new text end new text begin are repealed.new text end 15.18ARTICLE 2 15.19DEPARTMENT OF HEALTH 15.20    Section 1. Minnesota Statutes 2008, section 103I.208, subdivision 2, is amended to 15.21read: 15.22    Subd. 2. Permit fee. The permit fee to be paid by a property owner is: 15.23    (1) for a water supply well that is not in use under a maintenance permit, $175 15.24annually; 15.25    (2) for construction of a monitoring well, $215, which includes the state core 15.26function fee; 15.27    (3) for a monitoring well that is unsealed under a maintenance permit, $175 annually; 15.28    (4) new text begin for a monitoring well owned by a federal agency, state agency, or local unit of new text end 15.29new text begin government that is unsealed under a maintenance permit, $50 annually. "Local unit of new text end 15.30new text begin government" means a statutory or home rule charter city, town, county, or soil and water new text end 15.31new text begin conservation district, watershed district, an organization formed for the joint exercise of new text end 15.32new text begin powers under section 471.59, a board of health or community health board, or other new text end 16.1new text begin special purpose district or authority with local jurisdiction in water and related land new text end 16.2new text begin resources management;new text end 16.3new text begin (5) new text end for monitoring wells used as a leak detection device at a single motor fuel retail 16.4outlet, a single petroleum bulk storage site excluding tank farms, or a single agricultural 16.5chemical facility site, the construction permit fee is $215, which includes the state core 16.6function fee, per site regardless of the number of wells constructed on the site, and 16.7the annual fee for a maintenance permit for unsealed monitoring wells is $175 per site 16.8regardless of the number of monitoring wells located on site; 16.9    (5)new text begin (6)new text end for a groundwater thermal exchange device, in addition to the notification fee 16.10for water supply wells, $215, which includes the state core function fee; 16.11    (6)new text begin (7)new text end for a vertical heat exchangernew text begin with less than ten tons of heating/cooling new text end 16.12new text begin capacitynew text end , $215; 16.13new text begin (8) for a vertical heat exchanger with ten to 50 tons of heating/cooling capacity, $425;new text end 16.14new text begin (9) for a vertical heat exchanger with greater than 50 tons of heating/cooling new text end 16.15new text begin capacity, $650;new text end 16.16    (7)new text begin (10)new text end for a dewatering well that is unsealed under a maintenance permit, $175 16.17annually for each dewatering well, except a dewatering project comprising more than five 16.18dewatering wells shall be issued a single permit for $875 annually for dewatering wells 16.19recorded on the permit; and 16.20    (8)new text begin (11)new text end for an elevator boring, $215 for each boring. 16.21    Sec. 2. new text begin [116.9401] DEFINITIONS.new text end 16.22    new text begin (a) For the purposes of sections 116.9401 to 116.9408, the following terms have new text end 16.23new text begin the meanings given them.new text end 16.24    new text begin (b) "Agency" means the Pollution Control Agency.new text end 16.25    new text begin (c) "Alternative" means a substitute process, product, material, chemical, strategy, new text end 16.26new text begin or combination of these that serves a functionally equivalent purpose to a chemical in a new text end 16.27new text begin children's product.new text end 16.28    new text begin (d) "Chemical" means a substance with a distinct molecular composition or a group new text end 16.29new text begin of structurally related substances and includes the breakdown products of the substance or new text end 16.30new text begin substances that form through decomposition, degradation, or metabolism.new text end 16.31    new text begin (e) "Chemical of high concern" means a chemical identified on the basis of credible new text end 16.32new text begin scientific evidence by a governmental entity or the United Nations' World Health new text end 16.33new text begin Organization as being known or suspected with a high degree of probability to:new text end 16.34    new text begin (1) harm the normal development of a fetus or child or cause other developmental new text end 16.35new text begin toxicity;new text end 17.1    new text begin (2) cause cancer, genetic damage, or reproductive harm;new text end 17.2    new text begin (3) disrupt the endocrine or hormone system;new text end 17.3    new text begin (4) damage the nervous system, immune system, or organs, or cause other systemic new text end 17.4new text begin toxicity;new text end 17.5    new text begin (5) be persistent, bioaccumulative, and toxic; ornew text end 17.6    new text begin (6) be very persistent and very bioaccumulative.new text end 17.7    new text begin (f) "Child" means a person under 12 years of age.new text end 17.8    new text begin (g) "Children's product" means a consumer product intended for use by children, new text end 17.9new text begin such as baby products, toys, car seats, personal care products, and clothing.new text end 17.10    new text begin (h) "Commissioner" means the commissioner of the Pollution Control Agency. new text end 17.11    new text begin (i) "Department" means the Department of Health.new text end 17.12    new text begin (j) "Distributor" means a person who sells consumer products to retail establishments new text end 17.13new text begin on a wholesale basis.new text end 17.14    new text begin (k) "Green chemistry" means an approach to designing and manufacturing products new text end 17.15new text begin in ways that minimize the use and generation of toxic substances.new text end 17.16    new text begin (l) "Manufacturer" means any person who manufactures a final consumer product new text end 17.17new text begin sold at retail or whose brand name is affixed to the consumer product. In the case of a new text end 17.18new text begin consumer product imported into the United States, manufacturer includes the importer new text end 17.19new text begin or domestic distributor of the consumer product if the person who manufactured or new text end 17.20new text begin assembled the consumer product or whose brand name is affixed to the consumer product new text end 17.21new text begin does not have a presence in the United States.new text end 17.22    new text begin (m) "Priority chemical" means a chemical identified by the commissioner as a new text end 17.23new text begin chemical of high concern that is contained in a children's product offered for sale in new text end 17.24new text begin Minnesota and meets the criteria in section 116.9403.new text end 17.25    new text begin (n) "Safer alternative" means an alternative whose potential to harm human health is new text end 17.26new text begin less than that of a priority chemical that it could replace.new text end 17.27new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 17.28    Sec. 3. new text begin [116.9402] IDENTIFICATION OF CHEMICALS OF HIGH CONCERN.new text end 17.29    new text begin (a) By July 1, 2010, the department shall, after consultation with the agency, publish new text end 17.30new text begin in the State Register and on the agency's Web site a list of chemicals of high concern.new text end 17.31    new text begin (b) The department must periodically review and revise the list of chemicals of high new text end 17.32new text begin concern at least every three years. The department may add chemicals to the list if the new text end 17.33new text begin chemical meets one or more of the criteria in section 116.9401, paragraph (e).new text end 17.34    new text begin (c) The department shall consider, among others, chemicals listed in the following new text end 17.35new text begin sources for possible inclusion on the list of chemicals of high concern:new text end 18.1    new text begin (1) chemicals identified as "Group 1 carcinogens" or "Group 2A carcinogens" by the new text end 18.2new text begin United Nations' World Health Organization, International Agency for Research on Cancer;new text end 18.3    new text begin (2) chemicals identified as "known to be a human carcinogen" and "reasonably new text end 18.4new text begin anticipated to be a human carcinogen" by the secretary of the United States Department new text end 18.5new text begin of Health and Human Services;new text end 18.6    new text begin (3) chemicals identified as "Group A carcinogens" or "Group B carcinogens" by the new text end 18.7new text begin United States Environmental Protection Agency;new text end 18.8    new text begin (4) chemicals identified as reproductive or developmental toxicants by: new text end 18.9    new text begin (i) the United States Department of Health and Human Services, National new text end 18.10new text begin Toxicology Program, Center for the Evaluation of Risks to Human Reproduction; andnew text end 18.11    new text begin (ii) the California Environmental Protection Agency, Office of Environmental Health new text end 18.12new text begin Hazard Assessment pursuant to the California Health and Safety Code, Safe Drinking new text end 18.13new text begin Water and Toxic Enforcement Act of 1986, chapter 6.6, section 25249.8;new text end 18.14    new text begin (5) chemicals identified as known or likely endocrine disruptors through screening new text end 18.15new text begin or testing conducted in accordance with protocols developed by the United States new text end 18.16new text begin Environmental Protection Agency pursuant to the federal Food, Drug, and Cosmetic Act, new text end 18.17new text begin United States Code, title 21, section 346a(p), as amended by the federal Food Quality new text end 18.18new text begin Protection Act, Public Law 104-170, or the federal Safe Drinking Water Act, United States new text end 18.19new text begin Code, title 42, section 300j-17;new text end 18.20    new text begin (6) chemicals listed on the basis of endocrine-disrupting properties in Annex new text end 18.21new text begin XIV, List of Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of new text end 18.22new text begin the European Parliament concerning the Registration, Evaluation, Authorisation, and new text end 18.23new text begin Restriction of Chemicals;new text end 18.24    new text begin (7) persistent, bioaccumulative, and toxic chemicals identified by:new text end 18.25    new text begin (i) the state of Washington Department of Ecology in Washington Administrative new text end 18.26new text begin Code, Chapter 173-333; ornew text end 18.27    new text begin (ii) the United States Environmental Protection Agency in Code of Federal new text end 18.28new text begin Regulations, title 40, part 372; andnew text end 18.29    new text begin (8) a very persistent, very bioaccumulative chemical listed in Annex XIV, List of new text end 18.30new text begin Substances Subject to Authorisation, Regulation (EC) No 1907/2006 of the European new text end 18.31new text begin Parliament concerning the Registration, Evaluation, Authorisation, and Restriction of new text end 18.32new text begin Chemicals.new text end 18.33    new text begin (d) The department may consider chemicals listed by another state as harmful to new text end 18.34new text begin human health or the environment for possible inclusion in the list of chemicals of high new text end 18.35new text begin concern.new text end 18.36new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 19.1    Sec. 4. new text begin [116.9403] IDENTIFICATION OF PRIORITY CHEMICALS.new text end 19.2    new text begin The department, after consultation with the agency, may designate a chemical of new text end 19.3new text begin high concern as a priority chemical if the department finds that the chemical:new text end 19.4    new text begin (1) has been identified as a high-production volume chemical by the United States new text end 19.5new text begin Environmental Protection Agency; andnew text end 19.6    new text begin (2) meets any of the following criteria:new text end 19.7    new text begin (i) the chemical has been found through biomonitoring to be present in human blood, new text end 19.8new text begin including umbilical cord blood, breast milk, urine, or other bodily tissues or fluids;new text end 19.9    new text begin (ii) the chemical has been found through sampling and analysis to be present in new text end 19.10new text begin household dust, indoor air, drinking water, or elsewhere in the home environment; ornew text end 19.11    new text begin (iii) the chemical has been found through monitoring to be present in fish, wildlife, new text end 19.12new text begin or the natural environment.new text end 19.13new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 19.14    Sec. 5. new text begin [116.9404] IDENTIFICATION OF SAFER ALTERNATIVES.new text end 19.15    new text begin Subdivision 1.new text end new text begin Department determination.new text end new text begin The department shall determine new text end 19.16new text begin whether a safer alternative to a priority chemical is available and is a technically feasible new text end 19.17new text begin replacement for the priority chemical. In making this determination, the department:new text end 19.18    new text begin (1) must utilize information from current scientific literature, the Interstate new text end 19.19new text begin Chemicals Clearinghouse, manufacturers of children's products, and other sources it new text end 19.20new text begin deems appropriate;new text end 19.21    new text begin (2) may presume that an alternative is a safer alternative if the alternative is not new text end 19.22new text begin a chemical of high concern; andnew text end 19.23    new text begin (3) may presume that a safer alternative is available if:new text end 19.24    new text begin (i) the sale of the children's product containing the priority chemical has been new text end 19.25new text begin prohibited by another state within the United States; ornew text end 19.26    new text begin (ii) the children's product containing the priority chemical is an item of apparel new text end 19.27new text begin or a novelty; ornew text end 19.28    new text begin (iii) the alternative is sold in the United States.new text end 19.29    new text begin Subd. 2.new text end new text begin Department designation.new text end new text begin (a) If the department determines that a safer new text end 19.30new text begin alternative is available and is a technically feasible replacement for a priority chemical, new text end 19.31new text begin the department shall designate that priority chemical a Level 1 priority chemical. If the new text end 19.32new text begin department determines that current information does not indicate that a safer alternative is new text end 19.33new text begin available or is a technically feasible replacement for a priority chemical, the department new text end 19.34new text begin shall designate that chemical a Level 2 priority chemical. By February 1, 2011, the new text end 19.35new text begin department shall publish a list of Level 1 and Level 2 priority chemicals in the State new text end 20.1new text begin Register and on the department's Web site and shall update the published list whenever a new text end 20.2new text begin new priority chemical is designated.new text end 20.3    new text begin (b) The department shall designate at least five priority chemicals as Level 1 or new text end 20.4new text begin Level 2 by July 1, 2011, and at least five additional priority chemicals as Level 1 or Level new text end 20.5new text begin 2 by January 1, 2013.new text end 20.6    new text begin (c) The department shall, at least every two years:new text end 20.7    new text begin (1) review the list of chemicals of high concern and determine, which, if any, should new text end 20.8new text begin be designated Level 1 or Level 2 priority chemicals; andnew text end 20.9    new text begin (2) review the reports submitted by manufacturers under section 116.9405 to new text end 20.10new text begin determine if any Level 2 priority chemicals should be designated as Level 1 priority new text end 20.11new text begin chemicals.new text end 20.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 20.13    Sec. 6. new text begin [116.9406] APPLICABILITY.new text end 20.14    new text begin The requirements of sections 116.9401 to 116.9408 do not apply to:new text end 20.15    new text begin (1) chemicals in used children's products;new text end 20.16    new text begin (2) priority chemicals used in the manufacturing process, but that are not present new text end 20.17new text begin in the final product;new text end 20.18    new text begin (3) priority chemicals used in agricultural production;new text end 20.19    new text begin (4) motor vehicles as defined in chapter 168 or their component parts, except that the new text end 20.20new text begin use of priority chemicals in detachable car seats is not exempt;new text end 20.21    new text begin (5) priority chemicals generated solely as combustion by-products or that are present new text end 20.22new text begin in combustible fuels;new text end 20.23    new text begin (6) retailers, unless that retailer knowingly sells a children's product containing new text end 20.24new text begin a priority chemical after the effective date of its prohibition, of which that retailer has new text end 20.25new text begin received prior notification from a manufacturer, distributor, or the state;new text end 20.26    new text begin (7) pharmaceutical products or biologics;new text end 20.27    new text begin (8) a medical device as defined in the federal Food, Drug, and Cosmetic Act, United new text end 20.28new text begin States Code, title 21, section 321(h); new text end 20.29    new text begin (9) food and food or beverage packaging, except a container containing baby food new text end 20.30new text begin or infant formula; new text end 20.31    new text begin (10) consumer electronics products and electronic components, including but not new text end 20.32new text begin limited to personal computers; audio and video equipment; calculators; digital displays; new text end 20.33new text begin wireless phones; cameras; game consoles; printers; and handheld electronic and electrical new text end 20.34new text begin devices used to access interactive software or their associated peripherals; or products that new text end 21.1new text begin comply with the provisions of directive 2002/95/EC of the European Union, adopted by new text end 21.2new text begin the European Parliament and Council of the European Union now or hereafter in effect; ornew text end 21.3    new text begin (11) outdoor sport equipment, including snowmobiles as defined in section 84.81, new text end 21.4new text begin subdivision 3; all-terrain vehicles as defined in section 84.92, subdivision 8; personal new text end 21.5new text begin watercraft as defined in section 86B.005, subdivision 14a; watercraft as defined in section new text end 21.6new text begin 86B.005, subdivision 18; and off-highway motorcycles, as defined in section 84.787, new text end 21.7new text begin subdivision 7, and all attachments and repair parts for all of this equipment.new text end 21.8new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 21.9    Sec. 7. new text begin [116.9407] DONATIONS TO THE STATE.new text end 21.10    new text begin The commissioners of health and pollution control may accept donations, grants, new text end 21.11new text begin and other funds to carry out the purposes of sections 116.9401 to 116.9408. All such new text end 21.12new text begin donations, grants, and other funds must be accepted without preconditions regarding the new text end 21.13new text begin outcomes of the oversight processes set forth in sections 116.9401 to 116.9408.new text end 21.14new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 21.15    Sec. 8. new text begin [116.9408] PARTICIPATION IN INTERSTATE CHEMICALS new text end 21.16new text begin CLEARINGHOUSE.new text end 21.17    new text begin The agency may participate in an interstate chemicals clearinghouse to promote new text end 21.18new text begin safer chemicals in consumer products in cooperation with other states, including the new text end 21.19new text begin classification of chemicals in commerce; organizing and managing available data on new text end 21.20new text begin chemicals, including information on uses, hazards, and environmental and health new text end 21.21new text begin concerns; and producing and evaluating information on safer alternatives to specific uses new text end 21.22new text begin of chemicals of concern.new text end 21.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective the day following final enactment.new text end 21.24    Sec. 9. new text begin IMPLEMENTATION.new text end 21.25new text begin The activities in sections 2 to 8 shall be implemented only to the extent that existing new text end 21.26new text begin federal, state, and private resources are available.new text end 21.27    Sec. 10. Minnesota Statutes 2008, section 144.121, subdivision 1a, is amended to read: 21.28    Subd. 1a. Fees for ionizing radiation-producing equipment. new text begin (a) new text end A facility with 21.29ionizing radiation-producing equipment must pay an annual initial or annual renewal 21.30registration fee consisting of a base facility fee of $66new text begin $100new text end and an additional fee for 21.31each radiation source, as follows: 22.1 (1) medical or veterinary equipment $ 53new text begin 100new text end 22.2 (2) dental x-ray equipment $ 33new text begin 40new text end 22.3 (3) accelerator $ 66 22.4 (4) radiation therapy equipment $ 66 22.5 22.6 (5)new text begin (3)new text end x-ray equipment not used on humans or animals $ 53new text begin 100new text end 22.7 22.8 22.9 (6)new text begin (4)new text end devices with sources of ionizing radiation not used on humans or animals $ 53new text begin 100new text end
22.10new text begin (b) A facility with radiation therapy and accelerator equipment must pay an annual new text end 22.11new text begin registration fee of $500. A facility with an industrial accelerator must pay an annual new text end 22.12new text begin registration fee of $150.new text end 22.13new text begin (c) Electron microscopy equipment is exempt from the registration fee requirements new text end 22.14new text begin of this section.new text end 22.15    Sec. 11. Minnesota Statutes 2008, section 144.121, subdivision 1b, is amended to read: 22.16    Subd. 1b. Penalty fee for late registration. Applications for initial or renewal 22.17registrations submitted to the commissioner after the time specified by the commissioner 22.18shall be accompanied by a penalty fee of $20new text begin an amount equal to 25 percent of the fee new text end 22.19new text begin duenew text end in addition to the fees prescribed in subdivision 1a. 22.20    Sec. 12. Minnesota Statutes 2008, section 144.1222, subdivision 1a, is amended to 22.21read: 22.22    Subd. 1a. Fees. All plans and specifications for public pool and spa construction, 22.23installation, or alteration or requests for a variance that are submitted to the commissioner 22.24according to Minnesota Rules, part 4717.3975, shall be accompanied by the appropriate 22.25fees. All public pool construction plans submitted for review after January 1, 2009, 22.26must be certified by a professional engineer registered in the state of Minnesota. If the 22.27commissioner determines, upon review of the plans, that inadequate fees were paid, the 22.28necessary additional fees shall be paid before plan approval. For purposes of determining 22.29fees, a project is defined as a proposal to construct or install a public pool, spa, special 22.30purpose pool, or wading pool and all associated water treatment equipment and drains, 22.31gutters, decks, water recreation features, spray pads, and those design and safety features 22.32that are within five feet of any pool or spa. The commissioner shall charge the following 22.33fees for plan review and inspection of public pools and spas and for requests for variance 22.34from the public pool and spa rules: 22.35    (1) each pool, $800new text begin $1,500new text end ; 22.36    (2) each spa pool, $500new text begin $800new text end ; 23.1    (3) each slide, $400new text begin $600new text end ; 23.2    (4) projects valued at $250,000 or more, the greater of the sum of the fees in clauses 23.3(1), (2), and (3) or 0.5 percent of the documented estimated project cost to a maximum 23.4fee of $10,000new text begin $15,000new text end ; 23.5    (5) alterations to an existing pool without changing the size or configuration of 23.6the pool, $400new text begin $600new text end ; 23.7    (6) removal or replacement of pool disinfection equipment only, $75new text begin $100new text end ; and 23.8    (7) request for variance from the public pool and spa rules, $500. 23.9    Sec. 13. Minnesota Statutes 2008, section 144.125, subdivision 1, is amended to read: 23.10    Subdivision 1. Duty to perform testing. It is the duty of (1) the administrative 23.11officer or other person in charge of each institution caring for infants 28 days or less of age, 23.12(2) the person required in pursuance of the provisions of section 144.215, to register the 23.13birth of a child, or (3) the nurse midwife or midwife in attendance at the birth, to arrange 23.14to have administered to every infant or child in its care tests for heritable and congenital 23.15disorders according to subdivision 2 and rules prescribed by the state commissioner of 23.16health. Testing and the recording and reporting of test results shall be performed at the 23.17times and in the manner prescribed by the commissioner of health. The commissioner shall 23.18charge a fee so that the total of fees collected will approximate the costs of conducting the 23.19tests and implementing and maintaining a system to follow-up infants with heritable or 23.20congenital disorders, including hearing loss detected through the early hearing detection 23.21and intervention program under section 144.966. The fee is $101new text begin $105new text end per specimen. 23.22Costs associated with capital expenditures and the development of new procedures may be 23.23prorated over a three-year period when calculating the amount of the fees. 23.24    Sec. 14. Minnesota Statutes 2008, section 144.72, subdivision 1, is amended to read: 23.25    Subdivision 1. Permitsnew text begin License requirednew text end . The state commissioner of health is 23.26authorized to issue permits for the operation of youth camps which are required to obtain 23.27the permitsnew text begin a license according to chapter 157new text end . 23.28    Sec. 15. Minnesota Statutes 2008, section 144.72, subdivision 3, is amended to read: 23.29    Subd. 3. Issuance of permitsnew text begin licensenew text end . If the commissioner should determine from 23.30the application that the health and safety of the persons using the camp will be properly 23.31safeguarded, the commissioner may, prior to actual inspection of the camp, issue the 23.32permitnew text begin licensenew text end in writing. No fee shall be charged for the permit. The permitnew text begin licensenew text end shall 23.33be posted in a conspicuous place on the premises occupied by the camp. 24.1    Sec. 16. Minnesota Statutes 2008, section 144.9501, is amended by adding a 24.2subdivision to read: 24.3    new text begin Subd. 8a.new text end new text begin Disclosure pamphlet.new text end new text begin "Disclosure pamphlet" means the EPA pamphlet new text end 24.4new text begin titled "Renovate Right: Important Lead Hazard Information for Families, Child Care new text end 24.5new text begin Providers and Schools" developed under section 406(a) of the Toxic Substance Control new text end 24.6new text begin Act.new text end 24.7    Sec. 17. Minnesota Statutes 2008, section 144.9501, subdivision 22b, is amended to 24.8read: 24.9    Subd. 22b. Lead sampling technician. "Lead sampling technician" means an 24.10individual who performs clearance inspections for nonabatement or nonorder lead hazard 24.11reductionnew text begin renovationnew text end sites,new text begin andnew text end lead dust sampling in other settings, or visual assessment 24.12for deteriorated paintnew text begin for nonabatement sitesnew text end , and who is registered with the commissioner 24.13under section 144.9505. 24.14    Sec. 18. Minnesota Statutes 2008, section 144.9501, subdivision 26a, is amended to 24.15read: 24.16    Subd. 26a. Regulated lead work. (a) "Regulated lead work" means: 24.17(1) abatement; 24.18(2) interim controls; 24.19(3) a clearance inspection; 24.20(4) a lead hazard screen; 24.21(5) a lead inspection; 24.22(6) a lead risk assessment; 24.23(7) lead project designer services; 24.24(8) lead sampling technician services; or 24.25(9) swab team services.new text begin ;new text end 24.26new text begin (10) renovation activities; ornew text end 24.27new text begin (11) activities performed to comply with lead orders issued by a board of health.new text end 24.28(b) Regulated lead work does not includenew text begin abatement, interim controls, swab team new text end 24.29new text begin services, or renovation activities that disturb painted surfaces that total no more thannew text end : 24.30(1) activities such as remodeling, renovation, installation, rehabilitation, or 24.31landscaping activities, the primary intent of which is to remodel, repair, or restore a 24.32structure or dwelling, rather than to permanently eliminate lead hazards, even though these 24.33activities may incidentally result in a reduction in lead hazards; or 25.1(2) interim control activities that are not performed as a result of a lead order and 25.2that do not disturb painted surfaces that total more than: 25.3(i)new text begin (1)new text end 20 square feet (two square meters) on exterior surfaces;new text begin ornew text end 25.4(ii) twonew text begin (2) sixnew text end square feet (0.2new text begin 0.6new text end square meters) in an interior room; ornew text begin .new text end 25.5(iii) ten percent of the total surface area on an interior or exterior type of component 25.6with a small surface area. 25.7    Sec. 19. Minnesota Statutes 2008, section 144.9501, is amended by adding a 25.8subdivision to read: 25.9    new text begin Subd. 26b.new text end new text begin Renovation.new text end new text begin "Renovation" means the modification of any affected new text end 25.10new text begin property that results in the disturbance of painted surfaces, unless that activity is performed new text end 25.11new text begin as an abatement. A renovation performed for the purpose of converting a building or part new text end 25.12new text begin of a building into an affected property is a renovation under this subdivision.new text end 25.13    Sec. 20. Minnesota Statutes 2008, section 144.9504, is amended by adding a 25.14subdivision to read: 25.15    new text begin Subd. 12.new text end new text begin Blood lead level guidelines.new text end new text begin By January 1, 2010, the commissioner new text end 25.16new text begin must revise clinical and case management guidelines to include recommendations new text end 25.17new text begin for health-protective actions and follow-up services when a child's blood lead level new text end 25.18new text begin exceeds five micrograms of lead per deciliter of blood. The revised guidelines must be new text end 25.19new text begin implemented to the extent possible using available resources.new text end 25.20    Sec. 21. Minnesota Statutes 2008, section 144.9505, subdivision 1g, is amended to 25.21read: 25.22    Subd. 1g. Certified lead firm. A person within the state intending to directly 25.23perform or cause to be performed through subcontracting or similar delegation any 25.24regulated lead work shall first obtain certification from the commissionernew text begin A person who new text end 25.25new text begin employs individuals to perform regulated lead work outside of the person's property must new text end 25.26new text begin obtain certification as a lead firmnew text end . The certificate must be in writing, contain an expiration 25.27date, be signed by the commissioner, and give the name and address of the person to 25.28whom it is issued. The certification fee is $100, is nonrefundable, and must be submitted 25.29with each application. The certificate or a copy of the certificate must be readily available 25.30at the worksite for review by the contracting entity, the commissioner, and other public 25.31health officials charged with the health, safety, and welfare of the state's citizens. 25.32    Sec. 22. Minnesota Statutes 2008, section 144.9505, subdivision 4, is amended to read: 26.1    Subd. 4. Notice of regulated lead work. (a) At least five working days before 26.2starting work at each regulated lead worksite, the person performing the regulated lead 26.3work shall give written notice to the commissioner and the appropriate board of health. 26.4(b) This provision does not apply to lead hazard screen, lead inspection, lead risk 26.5assessment, lead sampling technician,new text begin renovation,new text end or lead project design activities. 26.6    Sec. 23. Minnesota Statutes 2008, section 144.9508, subdivision 2, is amended to read: 26.7    Subd. 2. Regulated lead work standards and methods. (a) The commissioner 26.8shall adopt rules establishing regulated lead work standards and methods in accordance 26.9with the provisions of this section, for lead in paint, dust, drinking water, and soil in 26.10a manner that protects public health and the environment for all residences, including 26.11residences also used for a commercial purpose, child care facilities, playgrounds, and 26.12schools. 26.13(b) In the rules required by this section, the commissioner shall require lead hazard 26.14reduction of intact paint only if the commissioner finds that the intact paint is on a 26.15chewable or lead-dust producing surface that is a known source of actual lead exposure to 26.16a specific individual. The commissioner shall prohibit methods that disperse lead dust into 26.17the air that could accumulate to a level that would exceed the lead dust standard specified 26.18under this section. The commissioner shall work cooperatively with the commissioner 26.19of administration to determine which lead hazard reduction methods adopted under this 26.20section may be used for lead-safe practices including prohibited practices, preparation, 26.21disposal, and cleanup. The commissioner shall work cooperatively with the commissioner 26.22of the Pollution Control Agency to develop disposal procedures. In adopting rules under 26.23this section, the commissioner shall require the best available technology for regulated 26.24lead work methods, paint stabilization, and repainting. 26.25(c) The commissioner of health shall adopt regulated lead work standards and 26.26methods for lead in bare soil in a manner to protect public health and the environment. 26.27The commissioner shall adopt a maximum standard of 100 parts of lead per million in 26.28bare soil. The commissioner shall set a soil replacement standard not to exceed 25 parts 26.29of lead per million. Soil lead hazard reduction methods shall focus on erosion control 26.30and covering of bare soil. 26.31(d) The commissioner shall adopt regulated lead work standards and methods for 26.32lead in dust in a manner to protect the public health and environment. Dust standards 26.33shall use a weight of lead per area measure and include dust on the floor, on the window 26.34sills, and on window wells. Lead hazard reduction methods for dust shall focus on dust 27.1removal and other practices which minimize the formation of lead dust from paint, soil, or 27.2other sources. 27.3(e) The commissioner shall adopt lead hazard reduction standards and methods for 27.4lead in drinking water both at the tap and public water supply system or private well 27.5in a manner to protect the public health and the environment. The commissioner may 27.6adopt the rules for controlling lead in drinking water as contained in Code of Federal 27.7Regulations, title 40, part 141. Drinking water lead hazard reduction methods may include 27.8an educational approach of minimizing lead exposure from lead in drinking water. 27.9(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that 27.10removal of exterior lead-based coatings from residences and steel structures by abrasive 27.11blasting methods is conducted in a manner that protects health and the environment. 27.12(g) All regulated lead work standards shall provide reasonable margins of safety that 27.13are consistent with more than a summary review of scientific evidence and an emphasis on 27.14overprotection rather than underprotection when the scientific evidence is ambiguous. 27.15(h) No unit of local government shall have an ordinance or regulation governing 27.16regulated lead work standards or methods for lead in paint, dust, drinking water, or soil 27.17that require a different regulated lead work standard or method than the standards or 27.18methods established under this section. 27.19(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit 27.20of local government of an innovative lead hazard reduction method which is consistent 27.21in approach with methods established under this section. 27.22(j) The commissioner shall adopt rules for issuing lead orders required under section 27.23144.9504 , rules for notification of abatement or interim control activities requirements, 27.24and other rules necessary to implement sections 144.9501 to 144.9512. 27.25new text begin (k) The commissioners shall adopt rules consistent with section 402(c)(3) of the new text end 27.26new text begin Toxic Substances Control Act to ensure that renovation in a pre-1978 affected property new text end 27.27new text begin where a child or pregnant female resides is conducted in a manner that protects health new text end 27.28new text begin and the environment.new text end 27.29new text begin (l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b) of new text end 27.30new text begin the Toxic Substances Control Act.new text end 27.31    Sec. 24. Minnesota Statutes 2008, section 144.9508, subdivision 3, is amended to read: 27.32    Subd. 3. Licensure and certification. The commissioner shall adopt rules to 27.33license lead supervisors, lead workers, lead project designers, lead inspectors, and lead 27.34risk assessorsnew text begin , and lead sampling techniciansnew text end . The commissioner shall also adopt rules 27.35requiring certification of firms that perform regulated lead work and rules requiring 28.1registration of lead sampling technicians. The commissioner shall require periodic renewal 28.2of licenses,new text begin andnew text end certificates, and registrations and shall establish the renewal periods. 28.3    Sec. 25. Minnesota Statutes 2008, section 144.9508, subdivision 4, is amended to read: 28.4    Subd. 4. Lead training course. The commissioner shall establish by rule 28.5requirements for training course providers and the renewal period for each lead-related 28.6training course required for certification or licensure. The commissioner shall establish 28.7criteria in rules for the content and presentation of training courses intended to qualify 28.8trainees for licensure under subdivision 3. The commissioner shall establish criteria 28.9in rules for the content and presentation of training courses for lead interim control 28.10workersnew text begin renovation and lead sampling techniciansnew text end . Training course permit fees shall be 28.11nonrefundable and must be submitted with each application in the amount of $500 for an 28.12initial training course, $250 for renewal of a permit for an initial training course, $250 for 28.13a refresher training course, and $125 for renewal of a permit of a refresher training course. 28.14    Sec. 26. Minnesota Statutes 2008, section 144.9512, subdivision 2, is amended to read: 28.15    Subd. 2. Grants; administration. Within the limits of the available appropriation, 28.16the commissioner shall make grants to a nonprofit organization currently operating the 28.17CLEARCorps lead hazard reduction projectnew text begin organizationsnew text end to train workers to provide new text begin lead new text end 28.18new text begin screening, education, outreach, and new text end swab team services for residential property. new text begin Projects new text end 28.19new text begin that provide Americorps funding or positions, or leverage matching funds, as part of the new text end 28.20new text begin delivery of the services must be given priority for the grant funds.new text end 28.21    Sec. 27. Minnesota Statutes 2008, section 144.966, is amended by adding a subdivision 28.22to read: 28.23    new text begin Subd. 3a.new text end new text begin Support services to families.new text end new text begin The commissioner shall contract with new text end 28.24new text begin a nonprofit organization to provide support and assistance to families with children new text end 28.25new text begin who are deaf or have a hearing loss. The family support provided must include direct new text end 28.26new text begin parent-to-parent assistance and information on communication, educational, and medical new text end 28.27new text begin options. The commissioner shall give preference to a nonprofit organization that has the new text end 28.28new text begin ability to provide these services throughout the state.new text end 28.29    Sec. 28. Minnesota Statutes 2008, section 144.97, subdivision 2, is amended to read: 28.30    Subd. 2. Certificationnew text begin Accreditationnew text end . "Certification" means written 28.31acknowledgment of a laboratory's demonstrated capability to perform tests for a specific 28.32purposenew text begin "Accreditation" means written acknowledgment that a laboratory has the new text end 29.1new text begin policies, procedures, equipment, and practices to produce reliable data in the analysis of new text end 29.2new text begin environmental samplesnew text end . 29.3new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 29.4    Sec. 29. Minnesota Statutes 2008, section 144.97, subdivision 4, is amended to read: 29.5    Subd. 4. Contract new text begin Commercial new text end laboratory. "Contractnew text begin Commercialnew text end laboratory" 29.6means a laboratory that performs tests on samples on a contract or fee-for-service basis. 29.7new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 29.8    Sec. 30. Minnesota Statutes 2008, section 144.97, is amended by adding a subdivision 29.9to read: 29.10    new text begin Subd. 5a.new text end new text begin Field of testing.new text end new text begin "Field of testing" means the combination of analyte, new text end 29.11new text begin method, matrix, and test category for which a laboratory may hold accreditation.new text end 29.12new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 29.13    Sec. 31. Minnesota Statutes 2008, section 144.97, subdivision 6, is amended to read: 29.14    Subd. 6. Laboratory. "Laboratory" means the state, a person, corporation, or other 29.15entity, including governmental, that examines, analyzes, or tests samplesnew text begin in a specified new text end 29.16new text begin physical locationnew text end . 29.17new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 29.18    Sec. 32. Minnesota Statutes 2008, section 144.97, is amended by adding a subdivision 29.19to read: 29.20    new text begin Subd. 8.new text end new text begin Test category.new text end new text begin "Test category" means the combination of program and new text end 29.21new text begin category as provided by section 144.98, subdivisions 3, paragraph (b), clauses (1) to (10), new text end 29.22new text begin and 3a, paragraph (a), clauses (1) to (5).new text end 29.23new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 29.24    Sec. 33. Minnesota Statutes 2008, section 144.98, subdivision 1, is amended to read: 29.25    Subdivision 1. Authorization. The commissioner of health may certifynew text begin shall new text end 29.26new text begin accredit environmentalnew text end laboratories that test environmental samplesnew text begin according to national new text end 29.27new text begin standards developed using a consensus process as established by Circular A-119, new text end 29.28new text begin published by the United States Office of Management and Budgetnew text end . 30.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 30.2    Sec. 34. Minnesota Statutes 2008, section 144.98, subdivision 2, is amended to read: 30.3    Subd. 2. Rulesnew text begin and standardsnew text end . The commissioner may adopt rules to implement 30.4this section, including:new text begin carry out the commissioner's responsibilities under the national new text end 30.5new text begin standards specified in subdivisions 1 and 2a.new text end 30.6(1) procedures, requirements, and fee adjustments for laboratory certification, 30.7including provisional status and recertification; 30.8(2) standards and fees for certificate approval, suspension, and revocation; 30.9(3) standards for environmental samples; 30.10(4) analysis methods that assure reliable test results; 30.11(5) laboratory quality assurance, including internal quality control, proficiency 30.12testing, and personnel training; and 30.13(6) criteria for recognition of certification programs of other states and the federal 30.14government. 30.15new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 30.16    Sec. 35. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 30.17to read: 30.18    new text begin Subd. 2a.new text end new text begin Standards.new text end new text begin The commissioner shall accredit laboratories according to new text end 30.19new text begin the most current environmental laboratory accreditation standards under subdivision 1 new text end 30.20new text begin and as accepted by the accreditation bodies recognized by the National Environmental new text end 30.21new text begin Laboratory Accreditation Program (NELAP) of the NELAC Institute.new text end 30.22new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 30.23    Sec. 36. Minnesota Statutes 2008, section 144.98, subdivision 3, is amended to read: 30.24    Subd. 3. new text begin Annual new text end fees. (a) An application for certificationnew text begin accreditationnew text end under 30.25subdivision 1new text begin 6new text end must be accompanied by the biennial feenew text begin annual feesnew text end specified in this 30.26subdivision. The fees are fornew text begin annual fees includenew text end : 30.27(1) base certificationnew text begin accreditationnew text end fee, $1,600new text begin $1,500new text end ; 30.28(2) sample preparation techniques feesnew text begin feenew text end , $100new text begin $200new text end per technique; and 30.29(3)new text begin an administrative fee for laboratories located outside this state, $3,750; andnew text end 30.30new text begin (4)new text end test category certification fees:new text begin .new text end 30.31 Test Category Certification Fee 30.32 Clean water program bacteriology $800 31.1 Safe drinking water program bacteriology $800 31.2 Clean water program inorganic chemistry $800 31.3 Safe drinking water program inorganic chemistry $800 31.4 Clean water program chemistry metals $1,200 31.5 Safe drinking water program chemistry metals $1,200 31.6 Resource conservation and recovery program chemistry metals $1,200 31.7 Clean water program volatile organic compounds $1,500 31.8 Safe drinking water program volatile organic compounds $1,500 31.9 31.10 Resource conservation and recovery program volatile organic compounds $1,500 31.11 Underground storage tank program volatile organic compounds $1,500 31.12 Clean water program other organic compounds $1,500 31.13 Safe drinking water program other organic compounds $1,500 31.14 Resource conservation and recovery program other organic compounds $1,500 31.15 Clean water program radiochemistry $2,500 31.16 Safe drinking water program radiochemistry $2,500 31.17 Resource conservation and recovery program agricultural contaminants $2,500 31.18 Resource conservation and recovery program emerging contaminants $2,500
31.19(b) Laboratories located outside of this state that require an on-site inspection shall be 31.20assessed an additional $3,750 fee.new text begin For the programs in subdivision 3a, the commissioner new text end 31.21new text begin may accredit laboratories for fields of testing under the categories listed in clauses (1) to new text end 31.22new text begin (10) upon completion of the application requirements provided by subdivision 6 and new text end 31.23new text begin receipt of the fees for each category under each program that accreditation is requested. new text end 31.24new text begin The categories offered and related fees include:new text end 31.25new text begin (1) microbiology, $450;new text end 31.26new text begin (2) inorganics, $450;new text end 31.27new text begin (3) metals, $1,000;new text end 31.28new text begin (4) volatile organics, $1,300;new text end 31.29new text begin (5) other organics, $1,300;new text end 31.30new text begin (6) radiochemistry, $1,500;new text end 31.31new text begin (7) emerging contaminants, $1,500;new text end 31.32new text begin (8) agricultural contaminants, $1,250;new text end 31.33new text begin (9) toxicity (bioassay), $1,000; andnew text end 31.34new text begin (10) physical characterization, $250.new text end 31.35(c) The total biennial certificationnew text begin annualnew text end fee includes the base fee, the sample 31.36preparation techniques fees, the test category feesnew text begin per programnew text end , and, when applicable, the 31.37on-site inspection feenew text begin an administrative fee for out-of-state laboratoriesnew text end . 32.1(d) Fees must be set so that the total fees support the laboratory certification program. 32.2Direct costs of the certification service include program administration, inspections, the 32.3agency's general support costs, and attorney general costs attributable to the fee function. 32.4(e) A change fee shall be assessed if a laboratory requests additional analytes 32.5or methods at any time other than when applying for or renewing its certification. The 32.6change fee is equal to the test category certification fee for the analyte. 32.7(f) A variance fee shall be assessed if a laboratory requests and is granted a variance 32.8from a rule adopted under this section. The variance fee is $500 per variance. 32.9(g) Refunds or credits shall not be made for analytes or methods requested but 32.10not approved. 32.11(h) Certification of a laboratory shall not be awarded until all fees are paid. 32.12    Sec. 37. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 32.13to read: 32.14    new text begin Subd. 3a.new text end new text begin Available programs, categories, and analytes.new text end new text begin (a) The commissioner new text end 32.15new text begin shall accredit laboratories that test samples under the following programs:new text end 32.16new text begin (1) the clean water program, such as compliance monitoring under the federal Clean new text end 32.17new text begin Water Act, and ambient monitoring of surface and groundwater, or analysis of biological new text end 32.18new text begin tissue;new text end 32.19new text begin (2) the safe drinking water program, including compliance monitoring under the new text end 32.20new text begin federal Safe Drinking Water Act, and the state requirements for monitoring private wells;new text end 32.21new text begin (3) the resource conservation and recovery program, including federal and state new text end 32.22new text begin requirements for monitoring solid and hazardous wastes, biological tissue, leachates, and new text end 32.23new text begin groundwater monitoring wells not intended as drinking water sources;new text end 32.24new text begin (4) the underground storage tank program; andnew text end 32.25new text begin (5) the clean air program, including air and emissions testing under the federal Clean new text end 32.26new text begin Air Act, and state and federal requirements for vapor intrusion monitoring.new text end 32.27new text begin (b) The commissioner shall maintain and publish a list of analytes available for new text end 32.28new text begin accreditation. The list must be reviewed at least once every six months and the changes new text end 32.29new text begin published in the State Register and posted on the program's Web site. The commissioner new text end 32.30new text begin shall publish the notification of changes and review comments on the changes no less than new text end 32.31new text begin 30 days from the date the list is published.new text end 32.32    Sec. 38. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 32.33to read: 33.1    new text begin Subd. 3b.new text end new text begin Additional fees.new text end new text begin (a) Laboratories located outside of this state that require new text end 33.2new text begin an on-site assessment more frequent than once every two years must pay an additional new text end 33.3new text begin assessed fee of $3,000 per assessment for each additional on-site assessment conducted. new text end 33.4new text begin The laboratory must pay the fee within 15 business days of receiving the commissioner's new text end 33.5new text begin notification that an on-site assessment is required. The commissioner may conduct new text end 33.6new text begin additional on-site assessments to determine a laboratory's continued compliance with new text end 33.7new text begin the standards provided in subdivision 2a.new text end 33.8new text begin (b) A late fee of $200 shall be added to the annual fee for accredited laboratories new text end 33.9new text begin submitting renewal applications to the commissioner after November 1.new text end 33.10new text begin (c) A change fee shall be assessed if a laboratory requests additional fields of testing new text end 33.11new text begin at any time other than when initially applying for or renewing its accreditation. A change new text end 33.12new text begin fee does not apply for applications to add fields of testing for new analytes in response new text end 33.13new text begin to the published notice under subdivision 3a, paragraph (b), if the laboratory holds valid new text end 33.14new text begin accreditation for the changed test category and applies for additional analytes within the new text end 33.15new text begin same test category. The change fee is equal to the applicable test category fee for the new text end 33.16new text begin field of testing requested. An application that requests accreditation of multiple fields of new text end 33.17new text begin testing within a test category requires a single payment of the applicable test category fee new text end 33.18new text begin per application submitted.new text end 33.19new text begin (d) A variance fee shall be assessed if a laboratory requests a variance from a new text end 33.20new text begin standard provided in subdivision 2a. The variance fee is $500 per variance.new text end 33.21new text begin (e) The commissioner shall assess a fee for changes to laboratory information new text end 33.22new text begin regarding ownership, name, address, or personnel. Laboratories must submit changes new text end 33.23new text begin through the application process under subdivision 6. The information update fee is $250 new text end 33.24new text begin per application.new text end 33.25new text begin (f) Fees must be set so that the total fees support the laboratory accreditation new text end 33.26new text begin program. Direct costs of the accreditation service include program administration, new text end 33.27new text begin assessments, the agency's general support costs, and attorney general costs attributable new text end 33.28new text begin to the fee function.new text end 33.29    Sec. 39. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 33.30to read: 33.31    new text begin Subd. 3c.new text end new text begin Refunds and nonpayment.new text end new text begin Refunds or credits shall not be made for new text end 33.32new text begin applications received but not approved. Accreditation of a laboratory shall not be awarded new text end 33.33new text begin until all fees are paid.new text end 34.1    Sec. 40. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 34.2to read: 34.3    new text begin Subd. 6.new text end new text begin Application.new text end new text begin (a) Laboratories seeking accreditation must apply on a form new text end 34.4new text begin provided by the commissioner, include the laboratory's procedures and quality manual, new text end 34.5new text begin and pay the applicable fees.new text end 34.6new text begin (b) Laboratories may be fixed-base or mobile. The commissioner shall accredit new text end 34.7new text begin mobile laboratories individually and require a vehicle identification number, license new text end 34.8new text begin plate number, or other uniquely identifying information in addition to the application new text end 34.9new text begin requirements of paragraph (a).new text end 34.10new text begin (c) Laboratories maintained on separate properties, even though operated under the new text end 34.11new text begin same management or ownership, must apply separately. Laboratories with more than one new text end 34.12new text begin building on the same or adjoining properties do not need to submit a separate application.new text end 34.13new text begin (d) The commissioner may accredit laboratories located out-of-state. Accreditation new text end 34.14new text begin for out-of-state laboratories may be obtained directly from the commissioner following new text end 34.15new text begin the requirements in paragraph (a), or out-of-state laboratories may be accredited through new text end 34.16new text begin a reciprocal agreement if the laboratory:new text end 34.17new text begin (1) is accredited by a NELAP-recognized accreditation body for those fields of new text end 34.18new text begin testing in which the laboratory requests accreditation from the commissioner;new text end 34.19new text begin (2) submits an application and documentation according to this subdivision; andnew text end 34.20new text begin (3) submits a current copy of the laboratory's unexpired accreditation from a new text end 34.21new text begin NELAP-recognized accreditation body showing the fields of accreditation for which the new text end 34.22new text begin laboratory is currently accredited.new text end 34.23new text begin (e) Under the conflict of interest determinations provided in section 43A.38, new text end 34.24new text begin subdivision 6, clause (a), the commissioner shall not accredit governmental laboratories new text end 34.25new text begin operated by agencies of the executive branch of the state. If accreditation is required, new text end 34.26new text begin laboratories operated by agencies of the executive branch of the state must apply for new text end 34.27new text begin accreditation through any other NELAP-recognized accreditation body.new text end 34.28new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 34.29    Sec. 41. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 34.30to read: 34.31    new text begin Subd. 6a.new text end new text begin Implementation and effective date.new text end new text begin All laboratories must comply with new text end 34.32new text begin standards under this section by July 1, 2009. Fees under subdivisions 3 and 3b apply to new text end 34.33new text begin applications received and accreditations issued after June 30, 2009. Accreditations issued new text end 34.34new text begin on or before June 30, 2009, shall expire upon their current expiration date.new text end 35.1    Sec. 42. Minnesota Statutes 2008, section 144.98, is amended by adding a subdivision 35.2to read: 35.3    new text begin Subd. 7.new text end new text begin Initial accreditation and annual accreditation renewal.new text end new text begin (a) The new text end 35.4new text begin commissioner shall issue or renew accreditation after receipt of the completed application new text end 35.5new text begin and documentation required in this section, provided the laboratory maintains compliance new text end 35.6new text begin with the standards specified in subdivision 2a, and attests to the compliance on the new text end 35.7new text begin application form.new text end 35.8new text begin (b) The commissioner shall prorate the fees in subdivision 3 for laboratories new text end 35.9new text begin applying for accreditation after December 31. The fees are prorated on a quarterly basis new text end 35.10new text begin beginning with the quarter in which the commissioner receives the completed application new text end 35.11new text begin from the laboratory.new text end 35.12new text begin (c) Applications for renewal of accreditation must be received by November 1 and new text end 35.13new text begin no earlier than October 1 of each year. The commissioner shall send annual renewal new text end 35.14new text begin notices to laboratories 90 days before expiration. Failure to receive a renewal notice does new text end 35.15new text begin not exempt laboratories from meeting the annual November 1 renewal date.new text end 35.16new text begin (d) The commissioner shall issue all accreditations for the calendar year for which new text end 35.17new text begin the application is made, and the accreditation shall expire on December 31 of that year.new text end 35.18new text begin (e) The accreditation of any laboratory that fails to submit a renewal application new text end 35.19new text begin and fees to the commissioner expires automatically on December 31 without notice or new text end 35.20new text begin further proceeding. Any person who operates a laboratory as accredited after expiration of new text end 35.21new text begin accreditation or without having submitted an application and paid the fees is in violation new text end 35.22new text begin of the provisions of this section and is subject to enforcement action under sections new text end 35.23new text begin 144.989 to 144.993, the Health Enforcement Consolidation Act. A laboratory with expired new text end 35.24new text begin accreditation may reapply under subdivision 6.new text end 35.25new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 35.26    Sec. 43. Minnesota Statutes 2008, section 144.99, subdivision 1, is amended to read: 35.27    Subdivision 1. Remedies available. The provisions of chapters 103I and 157 and 35.28sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), 35.29(13), (14), and (15) ; 144.1201 to 144.1204; 144.121; 144.1222; 144.35; 144.381 to 35.30144.385 ; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512;new text begin 144.97; new text end 35.31new text begin 144.98;new text end 144.992; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all 35.32rules, orders, stipulation agreements, settlements, compliance agreements, licenses, 35.33registrations, certificates, and permits adopted or issued by the department or under any 35.34other law now in force or later enacted for the preservation of public health may, in 35.35addition to provisions in other statutes, be enforced under this section. 36.1new text begin EFFECTIVE DATE.new text end new text begin This section is effective July 1, 2009.new text end 36.2    Sec. 44. new text begin [145.958] YOUTH VIOLENCE PREVENTION.new text end 36.3    new text begin Subdivision 1.new text end new text begin Findings.new text end new text begin The legislature finds that the Minneapolis Blueprint for new text end 36.4new text begin Action on Youth Violence has had some remarkable success, leading to a 43 percent new text end 36.5new text begin reduction in juvenile violent crime in certain neighborhoods. The legislature further new text end 36.6new text begin finds that it would be beneficial for the state to recognize youth violence as a public new text end 36.7new text begin health problem and to use public health methodologies in preventing youth violence. new text end 36.8new text begin This approach should focus on:new text end 36.9new text begin (1) creating connections between at-risk youth and trusted adults;new text end 36.10new text begin (2) intervening at the first signs that a youth may be at risk; andnew text end 36.11new text begin (3) rehabilitating youth who have been involved in violence.new text end 36.12    new text begin Subd. 2.new text end new text begin Definition.new text end new text begin For purposes of this section, "at-risk youth" means adolescents new text end 36.13new text begin and teenagers who are likely to be a threat to the health and well-being of themselves or new text end 36.14new text begin others through gang involvement, alcohol and drug use, unsafe sexual activity, dropping new text end 36.15new text begin out of school, or through violence and other criminal activity.new text end 36.16    new text begin Subd. 3.new text end new text begin Violence prevention programs for at-risk youth.new text end new text begin (a) Community-based new text end 36.17new text begin violence prevention programs may apply to the commissioner of health for technical new text end 36.18new text begin assistance. The programs must be community-based efforts serving at-risk youth and must new text end 36.19new text begin work in collaboration with local schools, law enforcement agencies, faith communities, new text end 36.20new text begin and community groups to provide a comprehensive approach to reducing youth violence new text end 36.21new text begin by addressing the needs of at-risk youth.new text end 36.22new text begin (b) The programs must:new text end 36.23new text begin (1) ensure that there are trusted adults serving as role models and mentors for new text end 36.24new text begin at-risk youth;new text end 36.25new text begin (2) intervene at the first signs that a youth may be at risk and strive to rehabilitate new text end 36.26new text begin youth who are already involved in violence;new text end 36.27new text begin (3) work to strengthen families;new text end 36.28new text begin (4) work with schools in order to keep students engaged and help them prepare new text end 36.29new text begin for higher education or job training; andnew text end 36.30new text begin (5) teach self-respect and respect of others so that unsafe and unhealthy behaviors new text end 36.31new text begin may be avoided.new text end 36.32new text begin (c) Violence prevention programs may include, but are not limited to:new text end 36.33new text begin (1) mentorship;new text end 36.34new text begin (2) job placement and support;new text end 36.35new text begin (3) youth violence prevention training;new text end 37.1new text begin (4) parent and family intervention and teaching parenting skills;new text end 37.2new text begin (5) school-related initiative involving police liaison officers, youth leadership, peer new text end 37.3new text begin mediation systems, after-school activities, and intervention in truancy cases;new text end 37.4new text begin (6) chemical dependency and mental health intervention, screening, and assessment;new text end 37.5new text begin (7) assisting juvenile offenders in reconnecting with families and reintegrating new text end 37.6new text begin into the community;new text end 37.7new text begin (8) working with youth to prevent sexual violence;new text end 37.8new text begin (9) working with youth to prevent pregnancy and sexually transmitted diseases; andnew text end 37.9new text begin (10) a youth helpline and street outreach workers to connect youth with needed new text end 37.10new text begin services.new text end 37.11    new text begin Subd. 4.new text end new text begin Coordination of prevention and intervention for programs for at-risk new text end 37.12new text begin youth.new text end new text begin (a) The commissioner of health, in collaboration with the commissioners of public new text end 37.13new text begin safety, human services, and education, shall identify five community-based violence new text end 37.14new text begin prevention programs that meet the criteria described in this section. One of these programs new text end 37.15new text begin identified must be serving the youth in Minneapolis, one program must be serving the new text end 37.16new text begin youth in St. Paul, and the remaining three programs must be serving youth in outstate new text end 37.17new text begin communities.new text end 37.18new text begin (b) The commissioner of health shall provide technical support, within existing new text end 37.19new text begin department resources, to these community programs including, but not limited to, new text end 37.20new text begin assistance in seeking and applying for federal grants and private foundation funding.new text end 37.21new text begin (c) The commissioner of health shall monitor the progress of these programs in new text end 37.22new text begin terms of the impact on public health and reducing juvenile violent crime, and shall identify new text end 37.23new text begin the effective aspects of each program in order to assist other programs in replicating new text end 37.24new text begin these successful aspects.new text end 37.25new text begin (d) The commissioner of health must apply for private, state, or federal funding to new text end 37.26new text begin support the activities described in this subdivision. This subdivision is effective upon new text end 37.27new text begin receipt of funding to support these activities.new text end 37.28    Sec. 45. Minnesota Statutes 2008, section 157.15, is amended by adding a subdivision 37.29to read: 37.30    new text begin Subd. 20.new text end new text begin Youth camp.new text end new text begin "Youth camp" has the meaning given in section 144.71, new text end 37.31new text begin subdivision 2.new text end 37.32    Sec. 46. Minnesota Statutes 2008, section 157.16, is amended to read: 37.33157.16 LICENSES REQUIRED; FEES. 38.1    Subdivision 1. License required annually. A license is required annually for every 38.2person, firm, or corporation engaged in the business of conducting a food and beverage 38.3service establishment,new text begin for-profit youth camp,new text end hotel, motel, lodging establishment, public 38.4pool, or resort. Any person wishing to operate a place of business licensed in this 38.5section shall first make application, pay the required fee specified in this section, and 38.6receive approval for operation, including plan review approval. Seasonal and temporary 38.7food stands and Special event food stands are not required to submit plans. Nonprofit 38.8organizations operating a special event food stand with multiple locations at an annual 38.9one-day event shall be issued only one license. Application shall be made on forms 38.10provided by the commissioner and shall require the applicant to state the full name and 38.11address of the owner of the building, structure, or enclosure, the lessee and manager of the 38.12food and beverage service establishment, hotel, motel, lodging establishment, public pool, 38.13or resort; the name under which the business is to be conducted; and any other information 38.14as may be required by the commissioner to complete the application for license. 38.15    Subd. 2. License renewal. Initial and renewal licenses for all food and beverage 38.16service establishments,new text begin for-profit youth camps,new text end hotels, motels, lodging establishments, 38.17public pools, and resorts shall be issued for the calendar year for which application is 38.18made and shall expire on December 31 of such yearnew text begin on an annual basisnew text end . Any person 38.19who operates a place of business after the expiration date of a license or without having 38.20submitted an application and paid the fee shall be deemed to have violated the provisions 38.21of this chapter and shall be subject to enforcement action, as provided in the Health 38.22Enforcement Consolidation Act, sections 144.989 to 144.993. In addition, a penalty of 38.23$50new text begin $60new text end shall be added to the total of the license fee for any food and beverage service 38.24establishment operating without a license as a mobile food unit, a seasonal temporary 38.25or seasonal permanent food stand, or a special event food stand, and a penalty of $100new text begin new text end 38.26new text begin $120new text end shall be added to the total of the license fee for all restaurants, food carts, hotels, 38.27motels, lodging establishments,new text begin for-profit youth camps,new text end public pools, and resorts operating 38.28without a license for a period of up to 30 days. A late fee of $300new text begin $360new text end shall be added to 38.29the license fee for establishments operating more than 30 days without a license. 38.30    Subd. 2a. Food manager certification. An applicant for certification or certification 38.31renewal as a food manager must submit to the commissioner a $28new text begin $35new text end nonrefundable 38.32certification fee payable to the Department of Health.new text begin The commissioner shall issue a new text end 38.33new text begin duplicate certificate to replace a lost, destroyed, or mutilated certificate if the applicant new text end 38.34new text begin submits a completed application on a form provided by the commissioner for a duplicate new text end 38.35new text begin certificate and pays $20 to the department for the cost of duplication.new text end 39.1    Subd. 3. Establishment fees; definitions. (a) The following fees are required for 39.2food and beverage service establishments,new text begin for-profit youth camps,new text end hotels, motels, lodging 39.3establishments, public pools, and resorts licensed under this chapter. Food and beverage 39.4service establishments must pay the highest applicable fee under paragraph (d), clause 39.5(1), (2), (3), or (4), and establishments serving alcohol must pay the highest applicable 39.6fee under paragraph (d), clause (6) or (7). The license fee for new operators previously 39.7licensed under this chapter for the same calendar year is one-half of the appropriate annual 39.8license fee, plus any penalty that may be required. The license fee for operators opening 39.9on or after October 1 is one-half of the appropriate annual license fee, plus any penalty 39.10that may be required. 39.11    (b) All food and beverage service establishments, except special event food stands, 39.12and all hotels, motels, lodging establishments, public pools, and resorts shall pay an 39.13annual base fee of $150. 39.14    (c) A special event food stand shall pay a flat fee of $40new text begin $50new text end annually. "Special event 39.15food stand" means a fee category where food is prepared or served in conjunction with 39.16celebrations, county fairs, or special events from a special event food stand as defined 39.17in section 157.15. 39.18    (d) In addition to the base fee in paragraph (b), each food and beverage service 39.19establishment, other than a special event food stand, and each hotel, motel, lodging 39.20establishment, public pool, and resort shall pay an additional annual fee for each fee 39.21category, additional food service, or required additional inspection specified in this 39.22paragraph: 39.23    (1) Limited food menu selection, $50new text begin $60new text end . "Limited food menu selection" means a 39.24fee category that provides one or more of the following: 39.25    (i) prepackaged food that receives heat treatment and is served in the package; 39.26    (ii) frozen pizza that is heated and served; 39.27    (iii) a continental breakfast such as rolls, coffee, juice, milk, and cold cereal; 39.28    (iv) soft drinks, coffee, or nonalcoholic beverages; or 39.29    (v) cleaning for eating, drinking, or cooking utensils, when the only food served 39.30is prepared off site. 39.31    (2) Small establishment, including boarding establishments, $100new text begin $120new text end . "Small 39.32establishment" means a fee category that has no salad bar and meets one or more of 39.33the following: 39.34    (i) possesses food service equipment that consists of no more than a deep fat fryer, a 39.35grill, two hot holding containers, and one or more microwave ovens; 39.36    (ii) serves dipped ice cream or soft serve frozen desserts; 40.1    (iii) serves breakfast in an owner-occupied bed and breakfast establishment; 40.2    (iv) is a boarding establishment; or 40.3    (v) meets the equipment criteria in clause (3), item (i) or (ii), and has a maximum 40.4patron seating capacity of not more than 50. 40.5    (3) Medium establishment, $260new text begin $310new text end . "Medium establishment" means a fee 40.6category that meets one or more of the following: 40.7    (i) possesses food service equipment that includes a range, oven, steam table, salad 40.8bar, or salad preparation area; 40.9    (ii) possesses food service equipment that includes more than one deep fat fryer, 40.10one grill, or two hot holding containers; or 40.11    (iii) is an establishment where food is prepared at one location and served at one or 40.12more separate locations. 40.13    Establishments meeting criteria in clause (2), item (v), are not included in this fee 40.14category. 40.15    (4) Large establishment, $460new text begin $540new text end . "Large establishment" means either: 40.16    (i) a fee category that (A) meets the criteria in clause (3), items (i) or (ii), for a 40.17medium establishment, (B) seats more than 175 people, and (C) offers the full menu 40.18selection an average of five or more days a week during the weeks of operation; or 40.19    (ii) a fee category that (A) meets the criteria in clause (3), item (iii), for a medium 40.20establishment, and (B) prepares and serves 500 or more meals per day. 40.21    (5) Other food and beverage service, including food carts, mobile food units, 40.22seasonal temporary food stands, and seasonal permanent food stands, $50new text begin $60new text end . 40.23    (6) Beer or wine table service, $50new text begin $60new text end . "Beer or wine table service" means a fee 40.24category where the only alcoholic beverage service is beer or wine, served to customers 40.25seated at tables. 40.26    (7) Alcoholic beverage service, other than beer or wine table service, $135new text begin $165new text end . 40.27    "Alcohol beverage service, other than beer or wine table service" means a fee 40.28category where alcoholic mixed drinks are served or where beer or wine are served from 40.29a bar. 40.30    (8) Lodging per sleeping accommodation unit, $8new text begin $10new text end , including hotels, motels, 40.31lodging establishments, and resorts, up to a maximum of $800new text begin $1,000new text end . "Lodging per 40.32sleeping accommodation unit" means a fee category including the number of guest rooms, 40.33cottages, or other rental units of a hotel, motel, lodging establishment, or resort; or the 40.34number of beds in a dormitory. 40.35    (9) First public pool, $180new text begin $325new text end ; each additional public pool, $100new text begin $175new text end . "Public 40.36pool" means a fee category that has the meaning given in section 144.1222, subdivision 4. 41.1    (10) First spa, $110new text begin $175new text end ; each additional spa, $50new text begin $100new text end . "Spa pool" means a fee 41.2category that has the meaning given in Minnesota Rules, part 4717.0250, subpart 9. 41.3    (11) Private sewer or water, $50new text begin $60new text end . "Individual private water" means a fee 41.4category with a water supply other than a community public water supply as defined in 41.5Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an 41.6individual sewage treatment system which uses subsurface treatment and disposal. 41.7    (12) Additional food service, $130new text begin $150new text end . "Additional food service" means a location 41.8at a food service establishment, other than the primary food preparation and service area, 41.9used to prepare or serve food to the public. 41.10    (13) Additional inspection fee, $300new text begin $360new text end . "Additional inspection fee" means a 41.11fee to conduct the second inspection each year for elementary and secondary education 41.12facility school lunch programs when required by the Richard B. Russell National School 41.13Lunch Act. 41.14    (e) A fee of $350 for review of the construction plans must accompany the initial 41.15license application for restaurants, hotels, motels, lodging establishments, or resorts with 41.16five or more sleeping units.new text begin , seasonal food stands, and mobile food units. The fee for new text end 41.17new text begin this construction plan review is as follows:new text end 41.18 new text begin Service Areanew text end new text begin Typenew text end new text begin Feenew text end 41.19 new text begin Foodnew text end new text begin limited food menunew text end new text begin $275new text end 41.20 new text begin small establishmentnew text end new text begin $400new text end 41.21 new text begin medium establishmentnew text end new text begin $450new text end 41.22 new text begin large food establishmentnew text end new text begin $500new text end 41.23 new text begin additional food servicenew text end new text begin $150new text end 41.24 new text begin Transient food servicenew text end new text begin food cartnew text end new text begin $250new text end 41.25 new text begin seasonal permanent food standnew text end new text begin $250new text end 41.26 new text begin seasonal temporary food standnew text end new text begin $250new text end 41.27 new text begin mobile food unitnew text end new text begin $350new text end 41.28 new text begin Alcoholnew text end new text begin beer or wine table servicenew text end new text begin $150new text end 41.29 new text begin alcohol service from barnew text end new text begin $250new text end 41.30 new text begin Lodgingnew text end new text begin less than 25 roomsnew text end new text begin $375new text end 41.31 new text begin 25 to less than 100 roomsnew text end new text begin $400new text end 41.32 new text begin 100 rooms or morenew text end new text begin $500new text end 41.33 new text begin less than five cabinsnew text end new text begin $350new text end 41.34 new text begin five to less than ten cabinsnew text end new text begin $400new text end 41.35 new text begin ten cabins or morenew text end new text begin $450new text end
41.36    (f) When existing food and beverage service establishments, hotels, motels, lodging 41.37establishments, or resortsnew text begin , seasonal food stands, and mobile food unitsnew text end are extensively 41.38remodeled, a fee of $250 must be submitted with the remodeling plans. A fee of $250 41.39must be submitted for new construction or remodeling for a restaurant with a limited food 42.1menu selection, a seasonal permanent food stand, a mobile food unit, or a food cart, or for 42.2a hotel, motel, resort, or lodging establishment addition of less than five sleeping units.new text begin new text end 42.3new text begin The fee for this construction plan review is as follows:new text end 42.4 new text begin Service Areanew text end new text begin Typenew text end new text begin Feenew text end 42.5 new text begin Foodnew text end new text begin limited food menunew text end new text begin $250new text end 42.6 new text begin small establishmentnew text end new text begin $300new text end 42.7 new text begin medium establishmentnew text end new text begin $350new text end 42.8 new text begin large food establishmentnew text end new text begin $400new text end 42.9 new text begin additional food servicenew text end new text begin $150new text end 42.10 new text begin Transient food servicenew text end new text begin food cartnew text end new text begin $250new text end 42.11 new text begin seasonal permanent food standnew text end new text begin $250new text end 42.12 new text begin seasonal temporary food standnew text end new text begin $250new text end 42.13 new text begin mobile food unitnew text end new text begin $250new text end 42.14 new text begin Alcoholnew text end new text begin beer or wine table servicenew text end new text begin $150new text end 42.15 new text begin alcohol service from barnew text end new text begin $250new text end 42.16 new text begin Lodgingnew text end new text begin less than 25 roomsnew text end new text begin $250new text end 42.17 new text begin 25 to less than 100 roomsnew text end new text begin $300new text end 42.18 new text begin 100 roomsnew text end new text begin or morenew text end new text begin $450new text end 42.19 new text begin less than five cabinsnew text end new text begin $250new text end 42.20 new text begin five to less than ten cabinsnew text end new text begin $350new text end 42.21 new text begin ten cabins or morenew text end new text begin $400new text end
42.22    (g) Seasonal temporary food stands and Special event food stands are not required to 42.23submit construction or remodeling plans for review. 42.24new text begin (h) For-profit youth camp fee, $500.new text end 42.25    Subd. 3a. Statewide hospitality fee. Every person, firm, or corporation that 42.26operates a licensed boarding establishment, food and beverage service establishment, 42.27seasonal temporary or permanent food stand, special event food stand, mobile food unit, 42.28food cart, resort, hotel, motel, or lodging establishment in Minnesota must submit to the 42.29commissioner a $35 annual statewide hospitality fee for each licensed activity. The fee 42.30for establishments licensed by the Department of Health is required at the same time the 42.31licensure fee is due. For establishments licensed by local governments, the fee is due by 42.32July 1 of each year. 42.33    Subd. 4. Posting requirements. Every food and beverage service establishment,new text begin new text end 42.34new text begin for-profit youth camp,new text end hotel, motel, lodging establishment, public pool, or resort must have 42.35the license posted in a conspicuous place at the establishment.new text begin Mobile food units, food new text end 42.36new text begin carts, and seasonal temporary food stands shall be issued decals with the initial license and new text end 42.37new text begin each calendar year with license renewals. The current license year decal must be placed on new text end 42.38new text begin the unit or stand in a location determined by the commissioner. Decals are not transferable.new text end 43.1    Sec. 47. Minnesota Statutes 2008, section 157.22, is amended to read: 43.2157.22 EXEMPTIONS. 43.3This chapter shall not be construed tonew text begin does notnew text end apply to: 43.4(1) interstate carriers under the supervision of the United States Department of 43.5Health and Human Services; 43.6(2) any building constructed and primarily used for religious worship; 43.7(3) any building owned, operated, and used by a college or university in accordance 43.8with health regulations promulgated by the college or university under chapter 14; 43.9(4) any person, firm, or corporation whose principal mode of business is licensed 43.10under sections 28A.04 and 28A.05, is exempt at that premises from licensure as a food 43.11or beverage establishment; provided that the holding of any license pursuant to sections 43.1228A.04 and 28A.05 shall not exempt any person, firm, or corporation from the applicable 43.13provisions of this chapter or the rules of the state commissioner of health relating to 43.14food and beverage service establishments; 43.15(5) family day care homes and group family day care homes governed by sections 43.16245A.01 to 245A.16; 43.17(6) nonprofit senior citizen centers for the sale of home-baked goods; 43.18(7) fraternal or patriotic organizations that are tax exempt under section 501(c)(3), 43.19501(c)(4), 501(c)(6), 501(c)(7), 501(c)(10), or 501(c)(19) of the Internal Revenue Code of 43.201986, or organizations related to or affiliated with such fraternal or patriotic organizations. 43.21Such organizations may organize events at which home-prepared food is donated by 43.22organization members for sale at the events, provided: 43.23(i) the event is not a circus, carnival, or fair; 43.24(ii) the organization controls the admission of persons to the event, the event agenda, 43.25or both; and 43.26(iii) the organization's licensed kitchen is not used in any manner for the event; 43.27(8) food not prepared at an establishment and brought in by individuals attending a 43.28potluck event for consumption at the potluck event. An organization sponsoring a potluck 43.29event under this clause may advertise the potluck event to the public through any means. 43.30Individuals who are not members of an organization sponsoring a potluck event under this 43.31clause may attend the potluck event and consume the food at the event. Licensed food 43.32establishments other than schools cannot be sponsors of potluck events. A school may 43.33sponsor and hold potluck events in areas of the school other than the school's kitchen, 43.34provided that the school's kitchen is not used in any manner for the potluck event. For 43.35purposes of this clause, "school" means a public school as defined in section 120A.05, 43.36subdivisions 9, 11, 13, and 17 , or a nonpublic school, church, or religious organization 44.1at which a child is provided with instruction in compliance with sections 120A.22 and 44.2120A.24 . Potluck event food shall not be brought into a licensed food establishment 44.3kitchen; and 44.4(9) a home school in which a child is provided instruction at homenew text begin ; andnew text end 44.5new text begin (10) concession stands operated in conjunction with school-sponsored events on new text end 44.6new text begin school property are exempt from the 21-day restrictionnew text end . 44.7    Sec. 48. Minnesota Statutes 2008, section 327.14, is amended by adding a subdivision 44.8to read: 44.9    new text begin Subd. 9.new text end new text begin Special event recreational camping area.new text end new text begin "Special event recreational new text end 44.10new text begin camping area" means a recreational camping area which operates no more than two times new text end 44.11new text begin annually and for no more than 14 consecutive days.new text end 44.12    Sec. 49. Minnesota Statutes 2008, section 327.15, is amended to read: 44.13327.15 LICENSE REQUIRED; RENEWAL; PLANS FOR EXPANSIONnew text begin new text end new text begin FEESnew text end . 44.14    new text begin Subdivision 1.new text end new text begin License required; plan review.new text end No person, firm or corporation shall 44.15establish, maintain, conduct or operate a manufactured home park or recreational camping 44.16area within this state without first obtaining anew text begin an annualnew text end license therefor from the state 44.17Department of Health.new text begin Any person wishing to obtain a license shall first make application, new text end 44.18new text begin pay the required fee specified in this section, and receive approval for operation, including new text end 44.19new text begin plan review approval. Application shall be made on forms provided by the commissioner new text end 44.20new text begin and shall require the applicant to state the full name and address of the owner of the new text end 44.21new text begin manufactured home park or recreational camping area, the name under which the business new text end 44.22new text begin is to be conducted, and any other information as may be required by the commissioner new text end 44.23new text begin to complete the application for license.new text end Any person, firm, or corporation desiring to 44.24operate either a manufactured home park or a recreational camping area on the same site 44.25in connection with the other, need only obtain one license. A license shall expire and be 44.26renewed as prescribed by the commissioner pursuant to section . The license shall 44.27state the number of manufactured home sites and recreational camping sites allowed 44.28according to state commissioner of health approval. No renewal license shall be issued if 44.29the number of sites specified in the application exceeds those of the original applicationnew text begin new text end 44.30new text begin The number of licensed sites shall not be increasednew text end unless the plans for expansion or 44.31the construction for expansion arenew text begin submitted and the expansionnew text end first approved by the 44.32Department of Health. Any manufactured home park or recreational camping area located 44.33in more than one municipality shall be dealt with as two separate manufactured home 44.34parks or camping areas. The license shall be conspicuously displayed in the office of the 45.1manufactured home park or camping area. The license is not transferable as tonew text begin person new text end 45.2new text begin ornew text end place. 45.3    new text begin Subd. 2.new text end new text begin License renewal.new text end new text begin Initial and renewal licenses for all manufactured home new text end 45.4new text begin parks and recreational camping areas shall be issued annually and shall have an expiration new text end 45.5new text begin date included on the license. Any person who operates a manufactured home park or new text end 45.6new text begin recreational camping area after the expiration date of a license or without having submitted new text end 45.7new text begin an application and paid the fee shall be deemed to have violated the provisions of this new text end 45.8new text begin chapter and shall be subject to enforcement action, as provided in the Health Enforcement new text end 45.9new text begin Consolidation Act, sections 144.989 to 144.993. In addition, a penalty of $120 shall new text end 45.10new text begin be added to the total of the license fee for any manufactured home park or recreational new text end 45.11new text begin camping area operating without a license for a period of up to 30 days. A late fee of $360 new text end 45.12new text begin shall be added to the license fee for any manufactured home park or recreational camping new text end 45.13new text begin area operating more than 30 days without a license.new text end 45.14    new text begin Subd. 3.new text end new text begin Fees; manufactured home parks; recreational camping areas.new text end new text begin (a) The new text end 45.15new text begin following fees are required for manufactured home parks and recreational camping areas new text end 45.16new text begin licensed under this chapter. Recreational camping areas and manufactured home parks new text end 45.17new text begin must pay the highest applicable fee under paragraph (c). The license fee for new operators new text end 45.18new text begin of a manufactured home park or recreational camping area previously licensed under this new text end 45.19new text begin chapter for the same calendar year is one-half of the appropriate annual license fee, plus new text end 45.20new text begin any penalty that may be required. The license fee for operators opening on or after October new text end 45.21new text begin 1 is one-half of the appropriate annual license fee, plus any penalty that may be required.new text end 45.22new text begin (b) All manufactured home parks and recreational camping areas, except special new text end 45.23new text begin event recreational camping areas, shall pay an annual base fee of $150 plus $4 for each new text end 45.24new text begin licensed site, except that any operator of a manufactured home park or recreational new text end 45.25new text begin camping area who is licensed under section 157.16 for the same location shall not be new text end 45.26new text begin required to pay the base fee.new text end 45.27new text begin (c) In addition to the fee in paragraph (b), each manufactured home park or new text end 45.28new text begin recreational camping area shall pay an additional annual fee for each fee category new text end 45.29new text begin specified in this paragraph:new text end 45.30new text begin (1) manufactured home parks and recreational camping areas with public swimming new text end 45.31new text begin pools and spas shall pay the appropriate fees specified in section 157.16; andnew text end 45.32new text begin (2) individual private sewer or water, $60. "Individual private water" means a fee new text end 45.33new text begin category with a water supply other than a community public water supply as defined in new text end 45.34new text begin Minnesota Rules, chapter 4720. "Individual private sewer" means a fee category with an new text end 45.35new text begin individual sewage treatment system which uses subsurface treatment and disposal.new text end 46.1new text begin (d) The following fees must accompany a plan review application for initial new text end 46.2new text begin construction of a manufactured home park or recreational camping area for initial new text end 46.3new text begin construction of:new text end 46.4new text begin (1) less than 25 sites, $375;new text end 46.5new text begin (2) 25 to less than 100 sites, $400; andnew text end 46.6new text begin (3) 100 or more sites, $500.new text end 46.7new text begin (e) The following fees must accompany a plan review application when an existing new text end 46.8new text begin manufactured home park or recreational camping area is expanded for expansion of:new text end 46.9new text begin (1) less than 25 sites, $250;new text end 46.10new text begin (2) 25 but less than 100 sites, $300; andnew text end 46.11new text begin (3) 100 or more sites, $450.new text end 46.12    new text begin Subd. 4.new text end new text begin Fees; special event recreational camping areas.new text end new text begin (a) The following fees new text end 46.13new text begin are required for special event recreational camping areas licensed under this chapter.new text end 46.14new text begin (b) All special event recreational camping areas shall pay an annual fee of $150 plus new text end 46.15new text begin $1 for each licensed site.new text end 46.16new text begin (c) A special event recreational camping area shall pay a late fee of $360 for failing new text end 46.17new text begin to obtain a license prior to operating.new text end 46.18new text begin (d) The following fees must accompany a plan review application for initial new text end 46.19new text begin construction of a special event recreational camping area for initial construction of:new text end 46.20new text begin (1) less than 25 special event recreational camping sites, $375;new text end 46.21new text begin (2) 25 to less than 100 sites, $400; andnew text end 46.22new text begin (3) 100 or more sites, $500.new text end 46.23new text begin (e) The following fees must accompany a plan review application for expansion of a new text end 46.24new text begin special event recreational camping area for expansion of:new text end 46.25new text begin (1) less than 25 sites, $250;new text end 46.26new text begin (2) 25 but less than 100 sites, $300; andnew text end 46.27new text begin (3) 100 or more sites, $450.new text end 46.28    Sec. 50. Minnesota Statutes 2008, section 327.16, is amended to read: 46.29327.16 LICENSEnew text begin PLAN REVIEWnew text end APPLICATION. 46.30    Subdivision 1. Made to state Department of Health. The new text begin plan review new text end application 46.31for license to operate and maintain a manufactured home park or recreational camping 46.32area shall be made to the state Department of Health, at such office and in such manner 46.33as may be prescribed by that department. 47.1    Subd. 2. Contents. The applicant for a primary license or annual license shall make 47.2application in writingnew text begin plan review application shall be madenew text end upon a form provided by the 47.3state Department of Health setting forth: 47.4(1) The full name and address of the applicant or applicants, or names and addresses 47.5of the partners if the applicant is a partnership, or the names and addresses of the officers 47.6if the applicant is a corporation. 47.7(2) A legal description of the site, lot, field, or tract of land upon which the applicant 47.8proposes to operate and maintain a manufactured home park or recreational camping area. 47.9(3) The proposed and existing facilities on and about the site, lot, field, or tract of 47.10land for the proposed construction or alteration and maintaining of a sanitary community 47.11building for toilets, urinals, sinks, wash basins, slop-sinks, showers, drains, laundry 47.12facilities, source of water supply, sewage, garbage and waste disposal; except that no 47.13toilet facilities shall be required in any manufactured home park which permits only 47.14manufactured homes equipped with toilet facilities discharging to water carried sewage 47.15disposal systems; and method of fire and storm protection. 47.16(4) The proposed method of lighting the structures and site, lot, field, or tract of land 47.17upon which the manufactured home park or recreational camping area is to be located. 47.18(5) The calendar months of the year which the applicant will operate the 47.19manufactured home park or recreational camping area. 47.20(6) Plans and drawings for new construction or alteration, including buildings, wells, 47.21plumbing and sewage disposal systems. 47.22    Subd. 3. Fees; Approval. The application for the primary licensenew text begin plan reviewnew text end shall 47.23be submitted with all plans and specifications enumerated in subdivision 2, and payment 47.24of a fee in an amount prescribed by the state commissioner of health pursuant to section 47.25 and shall be accompanied by an approved zoning permit from the municipality or 47.26county wherein the park is to be located, or a statement from the municipality or county 47.27that it does not require an approved zoning permit. The fee for the annual license shall be 47.28in an amount prescribed by the state commissioner of health pursuant to section . 47.29All license fees paid to the commissioner of health shall be turned over to the state 47.30treasury. The fee submitted for the primary licensenew text begin plan reviewnew text end shall be retained by the 47.31state even though the proposed project is not approved and a license is denied. 47.32When construction has been completed in accordance with approved plans and 47.33specifications the state commissioner of health shall promptly cause the manufactured 47.34home park or recreational camping area and appurtenances thereto to be inspected. When 47.35the inspection and report has been made and the state commissioner of health finds that 47.36all requirements of sections 327.10, 327.11, 327.14 to 327.28, and such conditions of 48.1health and safety as the state commissioner of health may require, have been met by 48.2the applicant, the state commissioner of health shall forthwith issue the primary license 48.3in the name of the state. 48.4    Subd. 4. Sanitary facilitiesnew text begin Compliance with current state lawnew text end . During the 48.5pendency of the application for such primary license any change in the sanitary or safety 48.6facilities of the intended manufactured home park or recreational camping area shall be 48.7immediately reported in writing to the state Department of Health through the office 48.8through which the application was made. If no objection is made by the state Department 48.9of Health to such change in such sanitary or safety facilities within 60 days of the date 48.10such change is reported, it shall be deemed to have the approval of the state Department of 48.11Health.new text begin Any manufactured home park or recreational camping area must be constructed new text end 48.12new text begin and operated according to all applicable state electrical, fire, plumbing, and building codes.new text end 48.13    Subd. 5. Permit. When the plans and specifications have been approved, the state 48.14Department of Health shall issue an approval report permitting the applicant to construct 48.15or make alterations upon a manufactured home park or recreational camping area and the 48.16appurtenances thereto according to the plans and specifications presented. 48.17Such approval does not relieve the applicant from securing building permits in 48.18municipalities that require permits or from complying with any other municipal ordinance 48.19or ordinances, applicable thereto, not in conflict with this statute. 48.20    Subd. 6. Denial of construction. If the application to construct or make alterations 48.21upon a manufactured home park or recreational camping area and the appurtenances 48.22thereto or a primary license to operate and maintain the same is denied by the state 48.23commissioner of health, the commissioner shall so state in writing giving the reason 48.24or reasons for denying the application. If the objections can be corrected the applicant 48.25may amend the application and resubmit it for approval, and if denied the applicant may 48.26appeal from the decision of the state commissioner of health as provided in section 48.27144.99, subdivision 10 . 48.28    Sec. 51. Minnesota Statutes 2008, section 327.20, subdivision 1, is amended to read: 48.29    Subdivision 1. Rules. No domestic animals or house pets of occupants of 48.30manufactured home parks or recreational camping areas shall be allowed to run at large, 48.31or commit any nuisances within the limits of a manufactured home park or recreational 48.32camping area. Each manufactured home park or recreational camping area licensed under 48.33the provisions of sections 327.10, 327.11,new text begin andnew text end 327.14 to 327.28 shall, among other things, 48.34provide for the following, in the manner hereinafter specified: 49.1    (1) A responsible attendant or caretaker shall be in charge of every manufactured 49.2home park or recreational camping area at all times, who shall maintain the park or 49.3area, and its facilities and equipment in a clean, orderly and sanitary condition. In any 49.4manufactured home park containing more than 50 lots, the attendant, caretaker, or other 49.5responsible park employee, shall be readily available at all times in case of emergency. 49.6    (2) All manufactured home parks shall be well drained and be located so that the 49.7drainage of the park area will not endanger any water supply. No wastewater from 49.8manufactured homes or recreational camping vehicles shall be deposited on the surface of 49.9the ground. All sewage and other water carried wastes shall be discharged into a municipal 49.10sewage system whenever available. When a municipal sewage system is not available, a 49.11sewage disposal system acceptable to the state commissioner of health shall be provided. 49.12    (3) No manufactured home shall be located closer than three feet to the side lot lines 49.13of a manufactured home park, if the abutting property is improved property, or closer than 49.14ten feet to a public street or alley. Each individual site shall abut or face on a driveway 49.15or clear unoccupied space of not less than 16 feet in width, which space shall have 49.16unobstructed access to a public highway or alley. There shall be an open space of at least 49.17ten feet between the sides of adjacent manufactured homes including their attachments 49.18and at least three feet between manufactured homes when parked end to end. The space 49.19between manufactured homes may be used for the parking of motor vehicles and other 49.20property, if the vehicle or other property is parked at least ten feet from the nearest 49.21adjacent manufactured home position. The requirements of this paragraph shall not apply 49.22to recreational camping areas and variances may be granted by the state commissioner 49.23of health in manufactured home parks when the variance is applied for in writing and in 49.24the opinion of the commissioner the variance will not endanger the health, safety, and 49.25welfare of manufactured home park occupants. 49.26    (4) An adequate supply of water of safe, sanitary quality shall be furnished at each 49.27manufactured home park or recreational camping area. The source of the water supply 49.28shall first be approved by the state Department of Health. 49.29    (5) All plumbing shall be installed in accordance with the rules of the state 49.30commissioner of labor and industry and the provisions of the Minnesota Plumbing Code. 49.31    (6) In the case of a manufactured home park with less than ten manufactured homes, 49.32a plan for the sheltering or the safe evacuation to a safe place of shelter of the residents of 49.33the park in times of severe weather conditions, such as tornadoes, high winds, and floods. 49.34The shelter or evacuation plan shall be developed with the assistance and approval of 49.35the municipality where the park is located and shall be posted at conspicuous locations 49.36throughout the park. The park owner shall provide each resident with a copy of the 50.1approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c. 50.2Nothing in this paragraph requires the Department of Health to review or approve any 50.3shelter or evacuation plan developed by a park. Failure of a municipality to approve a plan 50.4submitted by a park shall not be grounds for action against the park by the Department of 50.5Health if the park has made a good faith effort to develop the plan and obtain municipal 50.6approval. 50.7    (7) A manufactured home park with ten or more manufactured homes, licensed prior 50.8to March 1, 1988, shall provide a safe place of shelter for park residents or a plan for the 50.9evacuation of park residents to a safe place of shelter within a reasonable distance of the 50.10park for use by park residents in times of severe weather, including tornadoes and high 50.11winds. The shelter or evacuation plan must be approved by the municipality by March 1, 50.121989. The municipality may require the park owner to construct a shelter if it determines 50.13that a safe place of shelter is not available within a reasonable distance from the park. A 50.14copy of the municipal approval and the plan shall be submitted by the park owner to the 50.15Department of Health. The park owner shall provide each resident with a copy of the 50.16approved shelter or evacuation plan, as provided by section 327C.01, subdivision 1c. 50.17    (8) A manufactured home park with ten or more manufactured homes, receiving 50.18a primarynew text begin an initialnew text end license after March 1, 1988, must provide the type of shelter required 50.19by section 327.205, except that for manufactured home parks established as temporary, 50.20emergency housing in a disaster area declared by the President of the United States or 50.21the governor, an approved evacuation plan may be provided in lieu of a shelter for a 50.22period not exceeding 18 months. 50.23    (9) For the purposes of this subdivision, "park owner" and "resident" have the 50.24meaningnew text begin meaningsnew text end given them in section 327C.01. 50.25    Sec. 52. Minnesota Statutes 2008, section 327.20, is amended by adding a subdivision 50.26to read: 50.27    new text begin Subd. 4.new text end new text begin Special event recreational camping areas.new text end new text begin Each special event camping new text end 50.28new text begin area licensed under sections 327.10, 327.11, and 327.14 to 327.28 is subject to this section.new text end 50.29new text begin (1) Recreational camping vehicles and tents, including attachments, must be new text end 50.30new text begin separated from each other and other structures by at least seven feet.new text end 50.31new text begin (2) A minimum area of 300 square feet per site must be provided and the total new text end 50.32new text begin number of sites must not exceed one site for every 300 square feet of usable land area.new text end 50.33new text begin (3) Each site must abut or face a driveway or clear unoccupied space of at least 16 new text end 50.34new text begin feet in width, which space must have unobstructed access to a public roadway.new text end 51.1new text begin (4) If no approved on-site water supply system is available, hauled water may be new text end 51.2new text begin used, provided that persons using hauled water comply with Minnesota Rules, parts new text end 51.3new text begin 4720.4000 to 4720.4600.new text end 51.4new text begin (5) Nonburied sewer lines may be permitted provided they are of approved materials, new text end 51.5new text begin watertight, and properly maintained.new text end 51.6new text begin (6) If a sanitary dumping station is not provided on-site, arrangements must be new text end 51.7new text begin made with a licensed sewage pumper to service recreational camping vehicle holding new text end 51.8new text begin tanks as needed.new text end 51.9new text begin (7) Toilet facilities must be provided consisting of toilets connected to an approved new text end 51.10new text begin sewage disposal system, portable toilets, or approved, properly constructed privies.new text end 51.11new text begin (8) Toilets must be provided in the ratio of one toilet for each sex for each 150 sites.new text end 51.12new text begin (9) Toilets must be not more than 400 feet from any site.new text end 51.13new text begin (10) If a central building or buildings are provided with running water, then toilets new text end 51.14new text begin and handwashing lavatories must be provided in the building or buildings that meet the new text end 51.15new text begin requirements of this subdivision.new text end 51.16new text begin (11) Showers, if provided, must be provided in the ratio of one shower for each sex new text end 51.17new text begin for each 250 sites. Showerheads must be provided, where running water is available, for new text end 51.18new text begin each camping event exceeding two nights.new text end 51.19new text begin (12) Central toilet and shower buildings, if provided, must be constructed with new text end 51.20new text begin adequate heating, ventilation, and lighting, and floors of impervious material sloped new text end 51.21new text begin to drain. Walls must be of a washable material. Permanent facilities must meet the new text end 51.22new text begin requirements of the Americans with Disabilities Act.new text end 51.23new text begin (13) An adequate number of durable, covered, watertight containers must be new text end 51.24new text begin provided for all garbage and refuse. Garbage and refuse must be collected as often as new text end 51.25new text begin necessary to prevent nuisance conditions.new text end 51.26new text begin (14) Campgrounds must be located in areas free of poison ivy or other noxious new text end 51.27new text begin weeds considered detrimental to health. Sites must not be located in areas of tall grass or new text end 51.28new text begin weeds and sites must be adequately drained.new text end 51.29new text begin (15) Campsites for recreational vehicles may not be located on inclines of greater new text end 51.30new text begin than eight percent grade or one inch drop per lineal foot.new text end 51.31new text begin (16) A responsible attendant or caretaker must be available on-site at all times during new text end 51.32new text begin the operation of any special event recreational camping area that has 50 or more sites.new text end 51.33    Sec. 53. new text begin MINNESOTA COLORECTAL CANCER PREVENTION ACT.new text end 51.34    new text begin Subdivision 1.new text end new text begin Purpose.new text end new text begin Colon cancer is one of Minnesota's leading causes of new text end 51.35new text begin death and one of the most preventable forms of cancer. The Minnesota Colorectal new text end 52.1new text begin Cancer Prevention Act creates a demonstration project and public-private partnership new text end 52.2new text begin that leverages business, nonprofit, and government sectors to reduce the incidence of new text end 52.3new text begin colon cancer, reduce future health care expenditures, and address health disparities by new text end 52.4new text begin emphasizing prevention in a manner consistent with Minnesota's health care reform goals.new text end 52.5    new text begin Subd. 2.new text end new text begin Establishment.new text end new text begin The commissioner of health shall award grants to new text end 52.6new text begin Hennepin County Medical Center and MeritCare Bemidji for a colorectal screening new text end 52.7new text begin demonstration project to provide screening to uninsured and underinsured women and new text end 52.8new text begin men.new text end 52.9    new text begin Subd. 3.new text end new text begin Eligibility.new text end new text begin To be eligible for colorectal screening under this demonstration new text end 52.10new text begin project, an applicant must:new text end 52.11new text begin (1) be at least 50 years of age, or under the age of 50 and at high risk for colon cancer;new text end 52.12new text begin (2) be uninsured, or if insured, has coverage that does not cover the full cost of new text end 52.13new text begin colorectal cancer screenings;new text end 52.14new text begin (3) not eligible for medical assistance, general assistance medical care, or new text end 52.15new text begin MinnesotaCare programs; andnew text end 52.16new text begin (4) have a gross family income at or below 250 percent of the federal poverty level.new text end 52.17    new text begin Subd. 4.new text end new text begin Services.new text end new text begin Services provided under this project shall include:new text end 52.18new text begin (1) colorectal cancer screening, according to standard practices of medicine, or new text end 52.19new text begin guidelines provided by the Institute for Clinical Systems Improvement or the American new text end 52.20new text begin Cancer Society;new text end 52.21new text begin (2) follow-up services for abnormal tests; andnew text end 52.22new text begin (3) diagnostic services to determine the extent and proper course of treatment.new text end 52.23    new text begin Subd. 5.new text end new text begin Project evaluation.new text end new text begin The commissioner of health, in consultation with the new text end 52.24new text begin University of Minnesota School of Public Health, shall evaluate the demonstration project new text end 52.25new text begin and make recommendations for increasing the number of persons in Minnesota who new text end 52.26new text begin receive recommended colon cancer screening. The commissioner of health shall submit new text end 52.27new text begin the evaluation and recommendations to the legislature by January 1, 2011.new text end 52.28    Sec. 54. new text begin WOMEN'S HEART HEALTH PILOT PROJECT.new text end 52.29    new text begin Subdivision 1.new text end new text begin Establishment.new text end new text begin The commissioner of health shall develop and new text end 52.30new text begin implement a women's heart health pilot project to provide heart disease risk screening new text end 52.31new text begin to uninsured and underinsured women, who are low-income, American Indian, or other new text end 52.32new text begin minority.new text end 52.33    new text begin Subd. 2.new text end new text begin Services.new text end new text begin Under this project, the commissioner must contract with health new text end 52.34new text begin care clinics to provide heart disease risk screenings to eligible women. The clinics may new text end 52.35new text begin also provide follow-up services to women found to be at risk for heart disease.new text end 53.1    new text begin Subd. 3.new text end new text begin Eligibility.new text end new text begin To be eligible for screening under this program, an applicant new text end 53.2new text begin must:new text end 53.3new text begin (1) be between the ages of 40 and 64 years;new text end 53.4new text begin (2) receive breast and cervical cancer screening services under the Department of new text end 53.5new text begin Health's Sage program;new text end 53.6new text begin (3) be uninsured, or have insurance that does not cover heart disease risk screenings; new text end 53.7new text begin andnew text end 53.8new text begin (4) have a gross family income at or below 150 percent of the federal poverty level.new text end 53.9    Sec. 55. new text begin REPORTS.new text end 53.10    new text begin By January 15, 2010, the Department of Health, in consultation with the Pollution new text end 53.11new text begin Control Agency, shall report to the chairs and ranking minority members of the senate new text end 53.12new text begin and house of representatives committees with primary jurisdiction over environment new text end 53.13new text begin and natural resources policy, commerce, and public health regarding the progress on new text end 53.14new text begin implementing Minnesota Statutes, sections 116.9401 to 116.9408.new text end 53.15    new text begin The activities in this section shall be implemented only to the extent that existing new text end 53.16new text begin federal, state, and private resources are available.new text end 53.17    Sec. 56. new text begin BLOOD LEAD LEVEL GUIDELINES REVISION; CONSULTATION new text end 53.18new text begin REQUIRED.new text end 53.19new text begin In revising the clinical and case management guidelines for blood lead levels greater new text end 53.20new text begin than five micrograms of lead per deciliter of blood under Minnesota Statutes, section new text end 53.21new text begin 144.9504, subdivision 12, the commissioner of health must consult with a statewide new text end 53.22new text begin organization representing physicians, the public health department of Minneapolis and new text end 53.23new text begin other public health departments, and a nonprofit organization with expertise in lead new text end 53.24new text begin abatement.new text end 53.25    Sec. 57. new text begin EXPOSURE LEVELS STUDY.new text end 53.26new text begin The commissioner of health shall work with appropriate local, state, and federal new text end 53.27new text begin agencies to determine whether the levels of exposure to pentachlorophenol (PCP) in new text end 53.28new text begin Minneapolis neighborhoods where utility poles treated with PCP or creosote, probable new text end 53.29new text begin human carcinogens, are installed, exceed human health risk limits or maximum new text end 53.30new text begin contaminant levels for residents, utility workers, and others who handle the treated poles.new text end 53.31    Sec. 58. new text begin FEASIBILITY PILOT PROJECT FOR CANCER SURVEILLANCE.new text end 54.1new text begin The commissioner of health must provide a grant to the Hennepin County Medical new text end 54.2new text begin Center for a one-year feasibility pilot project to collect occupational history and residential new text end 54.3new text begin history data from newly diagnosed cancer patients at the Hennepin County Medical new text end 54.4new text begin Center's cancer center. Funding for this grant shall come from the Department of Health's new text end 54.5new text begin current resources for the Chronic Disease and Environmental Epidemiology Section. new text end 54.6new text begin Under this pilot project, Hennepin County Medical Center will design an expansion of its new text end 54.7new text begin existing cancer registry to include the collection of additional data, including the cancer new text end 54.8new text begin patient's occupational history, residential history, and military service history. Patient new text end 54.9new text begin consent is required for collection of these additional data. The data collection expansion new text end 54.10new text begin may also include the cancer patient's possible toxic environmental exposure history, if new text end 54.11new text begin known. The purpose of this pilot project is to determine the following: new text end 54.12new text begin (1) the feasibility of collecting these data on a statewide scale;new text end 54.13new text begin (2) the potential design of a self-administered patient questionnaire template; andnew text end 54.14new text begin (3) necessary qualifications for staff who will collect these data.new text end 54.15    Sec. 59. new text begin SMOKING CESSATION.new text end 54.16new text begin The commissioner of health must prioritize smoking prevention and smoking new text end 54.17new text begin cessation activities in low-income, indigenous, and minority communities in their new text end 54.18new text begin collaborations with the ClearWay organization.new text end 54.19    Sec. 60. new text begin MEDICAL RESPONSE UNIT REIMBURSEMENT PILOT PROGRAM.new text end 54.20new text begin (a) The Department of Public Safety or its contract designee shall collaborate new text end 54.21new text begin with the Minnesota Ambulance Association to create the parameters of the medical new text end 54.22new text begin response unit reimbursement pilot program, including determining criteria for baseline new text end 54.23new text begin data reporting.new text end 54.24new text begin (b) In conducting the pilot program, the Department of Public Safety must consult new text end 54.25new text begin with the Minnesota Ambulance Association, Minnesota Fire Chiefs Association, new text end 54.26new text begin Emergency Services Regulatory Board, and the Minnesota Council of Health Plans to:new text end 54.27new text begin (1) identify no more than five medical response units registered as medical response new text end 54.28new text begin units with the Minnesota Emergency Medical Services Regulatory Board according to new text end 54.29new text begin Minnesota Statutes, chapter 144E, to participate in the program;new text end 54.30new text begin (2) outline and develop criteria for reimbursement;new text end 54.31new text begin (3) determine the amount of reimbursement for each unit response; andnew text end 54.32new text begin (4) collect program data to be analyzed for a final report.new text end 54.33new text begin (c) Further criteria for the medical response unit reimbursement pilot program new text end 54.34new text begin shall include:new text end 55.1new text begin (1) the pilot program will expire on December 31, 2010, or when the appropriation new text end 55.2new text begin is extended, whichever occurs first;new text end 55.3new text begin (2) a report shall be made to the legislature by March 1, 2011, by the Department new text end 55.4new text begin of Public Safety or its contractor as to the effectiveness and value of this reimbursement new text end 55.5new text begin pilot program to the emergency medical services delivery system, any actual or potential new text end 55.6new text begin savings to the health care system, and impact on patient outcomes;new text end 55.7new text begin (3) participating medical response units must adhere to the requirements of this new text end 55.8new text begin pilot program outlined in an agreement between the Department of Public Safety and new text end 55.9new text begin the medical response unit, including but not limited to, requirements relating to data new text end 55.10new text begin collection, response criteria, and patient outcomes and disposition;new text end 55.11new text begin (4) individual entities licensed to provide ambulance care under Minnesota Statutes, new text end 55.12new text begin chapter 144E, are not eligible for participation in this pilot program;new text end 55.13new text begin (5) if a participating medical response unit withdraws from the pilot program, the new text end 55.14new text begin Department of Public Safety in consultation with the Minnesota Ambulance Association new text end 55.15new text begin may choose another pilot site if funding is available;new text end 55.16new text begin (6) medical response units must coordinate their operations under this pilot project new text end 55.17new text begin with the ambulance service or services licensed to provide care in their first response new text end 55.18new text begin geographic areas;new text end 55.19new text begin (7) licensed ambulance services that participate with the medical response unit in new text end 55.20new text begin the pilot program assume no financial or legal liability for the actions of the participating new text end 55.21new text begin medical response unit; andnew text end 55.22new text begin (8) the Department of Public Safety and its pilot program partners have no ongoing new text end 55.23new text begin responsibility to reimburse medical response units beyond the parameters of the pilot new text end 55.24new text begin program.new text end 55.25    Sec. 61. new text begin REPEALER.new text end 55.26new text begin (a)new text end new text begin Minnesota Statutes 2008, sections 103I.112; 144.9501, subdivision 17b; and new text end 55.27new text begin 327.14, subdivisions 5 and 6,new text end new text begin are repealed.new text end 55.28new text begin (b)new text end new text begin Minnesota Rules, part 4626.2015, subpart 9,new text end new text begin is repealed.new text end 55.29ARTICLE 3 55.30HEALTH-RELATED FEES 55.31    Section 1. Minnesota Statutes 2008, section 148.108, is amended to read: 55.32148.108 FEES. 56.1    Subdivision 1. Fees. In addition to the fees established in Minnesota Rules, chapter 56.22500, new text begin and according to sections 148.05, 148.06, 148.07, and 148.10, subdivisions 2 and 3, new text end 56.3the board is authorized to charge the fees in this section. 56.4    Subd. 2. Annual renewal of inactive acupuncture registrationnew text begin License and new text end 56.5new text begin registration feesnew text end . The annual renewal of an inactive acupuncture registration fee is $25.new text begin new text end 56.6new text begin License and registration fees are as follows:new text end 56.7new text begin (1) for a license application fee, $300;new text end 56.8new text begin (2) for a license active renewal fee, $220;new text end 56.9new text begin (3) for a license inactive renewal fee, $165;new text end 56.10new text begin (4) for an acupuncture initial registration fee, $125;new text end 56.11new text begin (5) for an acupuncture active registration renewal fee, $75;new text end 56.12new text begin (6) for an acupuncture registration reinstatement fee, $50;new text end 56.13new text begin (7) for an acupuncture inactive registration renewal fee, $25;new text end 56.14new text begin (8) for an animal chiropractic registration fee, $125;new text end 56.15new text begin (9) for an animal chiropractic active registration renewal fee, $75; andnew text end 56.16new text begin (10) for an animal chiropractic inactive registration renewal fee, $25.new text end 56.17    Subd. 3. Acupuncture reinstatement. The acupuncture reinstatement fee is $50. 56.18    Sec. 2. Minnesota Statutes 2008, section 148D.180, subdivision 1, is amended to read: 56.19    Subdivision 1. Application fees. Application fees for licensure are as follows: 56.20(1) for a licensed social worker, $45; 56.21(2) for a licensed graduate social worker, $45; 56.22(3) for a licensed independent social worker, $90new text begin $45new text end ; 56.23(4) for a licensed independent clinical social worker, $90new text begin $45new text end ; 56.24(5) for a temporary license, $50; and 56.25(6) for a licensure by endorsement, $150new text begin $85new text end . 56.26The fee for criminal background checks is the fee charged by the Bureau of Criminal 56.27Apprehension. The criminal background check fee must be included with the application 56.28fee as required pursuant to section 148D.055. 56.29    Sec. 3. Minnesota Statutes 2008, section 148D.180, subdivision 2, is amended to read: 56.30    Subd. 2. License fees. License fees are as follows: 56.31(1) for a licensed social worker, $115.20new text begin $81new text end ; 56.32(2) for a licensed graduate social worker, $201.60new text begin $144new text end ; 56.33(3) for a licensed independent social worker, $302.40new text begin $216new text end ; 56.34(4) for a licensed independent clinical social worker, $331.20new text begin $238.50new text end ; 57.1(5) for an emeritus license, $43.20; and 57.2(6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3. 57.3If the licensee's initial license term is less or more than 24 months, the required 57.4license fees must be prorated proportionately. 57.5    Sec. 4. Minnesota Statutes 2008, section 148D.180, subdivision 3, is amended to read: 57.6    Subd. 3. Renewal fees. Renewal fees for licensure are as follows: 57.7(1) for a licensed social worker, $115.20new text begin $81new text end ; 57.8(2) for a licensed graduate social worker, $201.60new text begin $144new text end ; 57.9(3) for a licensed independent social worker, $302.40new text begin $216new text end ; and 57.10(4) for a licensed independent clinical social worker, $331.20new text begin $238.50new text end . 57.11    Sec. 5. Minnesota Statutes 2008, section 148D.180, subdivision 5, is amended to read: 57.12    Subd. 5. Late fees. Late fees are as follows: 57.13(1) renewal late fee, one-halfnew text begin one-fourthnew text end of the renewal fee specified in subdivision 57.143; and 57.15(2) supervision plan late fee, $40. 57.16    Sec. 6. Minnesota Statutes 2008, section 148E.180, subdivision 1, is amended to read: 57.17    Subdivision 1. Application fees. Application fees for licensure are as follows: 57.18    (1) for a licensed social worker, $45; 57.19    (2) for a licensed graduate social worker, $45; 57.20    (3) for a licensed independent social worker, $90new text begin $45new text end ; 57.21    (4) for a licensed independent clinical social worker, $90new text begin $45new text end ; 57.22    (5) for a temporary license, $50; and 57.23    (6) for a licensure by endorsement, $150new text begin $85new text end . 57.24    The fee for criminal background checks is the fee charged by the Bureau of Criminal 57.25Apprehension. The criminal background check fee must be included with the application 57.26fee as required according to section 148E.055. 57.27    Sec. 7. Minnesota Statutes 2008, section 148E.180, subdivision 2, is amended to read: 57.28    Subd. 2. License fees. License fees are as follows: 57.29    (1) for a licensed social worker, $115.20new text begin $81new text end ; 57.30    (2) for a licensed graduate social worker, $201.60new text begin $144new text end ; 57.31    (3) for a licensed independent social worker, $302.40new text begin $216new text end ; 57.32    (4) for a licensed independent clinical social worker, $331.20new text begin $238.50new text end ; 58.1    (5) for an emeritus license, $43.20; and 58.2    (6) for a temporary leave fee, the same as the renewal fee specified in subdivision 3. 58.3    If the licensee's initial license term is less or more than 24 months, the required 58.4license fees must be prorated proportionately. 58.5    Sec. 8. Minnesota Statutes 2008, section 148E.180, subdivision 3, is amended to read: 58.6    Subd. 3. Renewal fees. Renewal fees for licensure are as follows: 58.7    (1) for a licensed social worker, $115.20new text begin $81new text end ; 58.8    (2) for a licensed graduate social worker, $201.60new text begin $144new text end ; 58.9    (3) for a licensed independent social worker, $302.40new text begin $216new text end ; and 58.10    (4) for a licensed independent clinical social worker, $331.20new text begin $238.50new text end . 58.11    Sec. 9. Minnesota Statutes 2008, section 148E.180, subdivision 5, is amended to read: 58.12    Subd. 5. Late fees. Late fees are as follows: 58.13    (1) renewal late fee, one-halfnew text begin one-fourthnew text end of the renewal fee specified in subdivision 58.143; and 58.15    (2) supervision plan late fee, $40. 58.16    Sec. 10. Minnesota Statutes 2008, section 153A.17, is amended to read: 58.17153A.17 EXPENSES; FEES. 58.18new text begin (a) new text end The expenses for administering the certification requirements including the 58.19complaint handling system for new text begin certified new text end hearing aid dispensers in sections 153A.14 and 58.20153A.15 and the Consumer Information Center under section 153A.18 must be paid 58.21from initial application and examination fees, renewal fees, penalties, and fines. All 58.22fees are nonrefundable. 58.23new text begin (b) new text end The certificate application fee is $350, the examination fee is $250 for the 58.24written portion and $250 for the practical portion each time one or the other is taken, 58.25and the trainee application fee is $200. The penalty fee for late submission of a renewal 58.26application is $200. The fee for verification of certification to other jurisdictions or entities 58.27is $25.new text begin All fees are nonrefundable.new text end 58.28new text begin (c) new text end All fees, penalties, and fines received must be deposited in the state government 58.29special revenue fund. The commissioner may prorate the certification fee for new 58.30applicants based on the number of quarters remaining in the annual certification period. 58.31new text begin (d) The fees charged by the commissioner must reflect the actual costs of new text end 58.32new text begin administering the program under paragraph (a). Fees must not be increased to cover the new text end 58.33new text begin costs associated with investigating allegations against uncertified hearing aid dispensers.new text end 59.1    Sec. 11. new text begin [156.011] LICENSE, APPLICATION, AND EXAMINATION FEES.new text end 59.2    new text begin Subdivision 1.new text end new text begin Application fee.new text end new text begin A person applying for a license to practice new text end 59.3new text begin veterinary medicine in Minnesota or applying for a permit to take the national veterinary new text end 59.4new text begin medical examination must pay a $60 nonrefundable application fee to the board. Persons new text end 59.5new text begin submitting concurrent applications for licensure and a national examination permit shall new text end 59.6new text begin pay only one application fee.new text end 59.7    new text begin Subd. 2.new text end new text begin Examination fees.new text end new text begin (a) An applicant for veterinary licensure in Minnesota new text end 59.8new text begin must successfully pass the Minnesota Veterinary Jurisprudence Examination. The fee for new text end 59.9new text begin this examination is $60, payable to the board.new text end 59.10new text begin (b) An applicant participating in the national veterinary licensing examination must new text end 59.11new text begin complete a separate application for the national examination and submit the application new text end 59.12new text begin to the board for approval. Payment for the national examination must be made by the new text end 59.13new text begin applicant to the national board examination committee.new text end 59.14    Sec. 12. new text begin [156.012] INITIAL AND RENEWAL FEE.new text end 59.15    new text begin Subdivision 1.new text end new text begin Required for licensure.new text end new text begin A person now licensed to practice new text end 59.16new text begin veterinary medicine in this state, or who becomes licensed by the Board of Veterinary new text end 59.17new text begin Medicine to engage in the practice, shall pay an initial fee or a biennial license renewal new text end 59.18new text begin fee if the person wishes to practice veterinary medicine in the coming two-year period new text end 59.19new text begin or remain licensed as a veterinarian. A licensure period begins on March 1 and expires new text end 59.20new text begin the last day of February two years later. A licensee with an even-numbered license shall new text end 59.21new text begin renew by March 1 of even-numbered years and a licensee with an odd-numbered license new text end 59.22new text begin shall renew by March 1 of odd-numbered years.new text end 59.23    new text begin Subd. 2.new text end new text begin Amount.new text end new text begin The initial licensure fee and the biennial renewal fee is $280 new text end 59.24new text begin and must be paid to the executive director of the board. By January 1 of the first year new text end 59.25new text begin for which the biennial renewal fee is due, the board shall issue a renewal application to new text end 59.26new text begin a current licensee to the last address maintained in the board file. Failure to receive this new text end 59.27new text begin notice does not relieve the licensee of the obligation to pay renewal fees so that they are new text end 59.28new text begin received by the board on or before the renewal date of March 1.new text end 59.29new text begin Initial licenses issued after the start of the licensure renewal period are valid only new text end 59.30new text begin until the end of the period.new text end 59.31    new text begin Subd. 3.new text end new text begin Date due.new text end new text begin A licensee must apply for a renewal license on or before March new text end 59.32new text begin 1 of the first year of the biennial license renewal period. A renewal license is valid new text end 59.33new text begin from March 1 through the last day of February of the last year of the two-year license new text end 59.34new text begin renewal period. An application postmarked no later than the last day of February must be new text end 59.35new text begin considered to have been received on March 1.new text end 60.1    new text begin Subd. 4.new text end new text begin Late renewal penalty.new text end new text begin An applicant for renewal must pay a late renewal new text end 60.2new text begin penalty of $140 in addition to the renewal fee if the application for renewal is received new text end 60.3new text begin after March 1 of the licensure renewal period. A renewed license issued after March 1 of new text end 60.4new text begin the licensure renewal period is valid only to the end of the period regardless of when the new text end 60.5new text begin renewal fee is received.new text end 60.6    new text begin Subd. 5.new text end new text begin Reinstatement fee.new text end new text begin An applicant for license renewal whose license new text end 60.7new text begin has previously been suspended by official board action for nonrenewal must pay a new text end 60.8new text begin reinstatement fee of $60 in addition to the $280 renewal fee and the $140 late renewal new text end 60.9new text begin penalty.new text end 60.10    new text begin Subd. 6.new text end new text begin Penalty for failure to pay.new text end new text begin Within 30 days after the renewal date, a new text end 60.11new text begin licensee who has not renewed the license must be notified by letter sent to the last known new text end 60.12new text begin address of the licensee in the file of the board that the renewal is overdue and that failure new text end 60.13new text begin to pay the current fee and current late fee within 60 days after the renewal date will result new text end 60.14new text begin in suspension of the license. A second notice must be sent by registered or certified mail at new text end 60.15new text begin least seven days before a board meeting occurring 60 days or more after the renewal date new text end 60.16new text begin to a licensee who has not paid the renewal fee and late fee.new text end 60.17    new text begin Subd. 7.new text end new text begin Suspension.new text end new text begin The board, by means of a roll call vote, shall suspend the new text end 60.18new text begin license of a licensee whose license renewal is at least 60 days overdue and to whom new text end 60.19new text begin notification has been sent as provided in Minnesota Rules, part 9100.0500, subpart 5. new text end 60.20new text begin Failure of a licensee to receive notification is not grounds for later challenge by the new text end 60.21new text begin licensee of the suspension. The former licensee must be notified by registered or certified new text end 60.22new text begin letter within seven days of the board action. The suspended status placed on a license may new text end 60.23new text begin be removed only on payment of renewal fees and late penalty fees for each licensure new text end 60.24new text begin period or part of a period that the license was not renewed. A licensee who fails to renew a new text end 60.25new text begin license for five years or more must meet the criteria of section new text end new text begin for relicensure.new text end 60.26    new text begin Subd. 8.new text end new text begin Inactive license.new text end new text begin (a) A person holding a current active license to practice new text end 60.27new text begin veterinary medicine in Minnesota may, at the time of the person's next biennial license new text end 60.28new text begin renewal date, renew the license as an inactive license at one-half the renewal fee of an new text end 60.29new text begin active license. The license may be continued in an inactive status by renewal on a biennial new text end 60.30new text begin basis at one-half the regular license fee.new text end 60.31new text begin (b) A person holding an inactive license is not permitted to practice veterinary new text end 60.32new text begin medicine in Minnesota and remains under the disciplinary authority of the board.new text end 60.33new text begin (c) A person may convert a current inactive license to an active license upon new text end 60.34new text begin application to and approval by the board. The application must include:new text end 60.35new text begin (1) documentation of licensure in good standing and of having met continuing new text end 60.36new text begin education requirements of current state of practice, or documentation of having met new text end 61.1new text begin Minnesota continuing education requirements retroactive to the date of licensure new text end 61.2new text begin inactivation;new text end 61.3new text begin (2) certification by the applicant that the applicant is not currently under disciplinary new text end 61.4new text begin orders or investigation for acts that could result in disciplinary action in any other new text end 61.5new text begin jurisdiction; andnew text end 61.6new text begin (3) payment of a fee equal to the full difference between an inactive and active new text end 61.7new text begin license if converting during the first year of the biennial license cycle or payment of a fee new text end 61.8new text begin equal to one-half the difference between an inactive and an active license if converting new text end 61.9new text begin during the second year of the license cycle.new text end 61.10new text begin (d) Deadline for renewal of an inactive license is March 1 of the first year of the new text end 61.11new text begin biennial license renewal period. A late renewal penalty of one-half the inactive renewal new text end 61.12new text begin fee must be paid if renewal is received after March 1.new text end 61.13    Sec. 13. Minnesota Statutes 2008, section 156.015, is amended to read: 61.14156.015 new text begin MISCELLANEOUS new text end FEES. 61.15    Subdivision 1. Verification of licensure. The board may charge a fee of $25 per 61.16license verification to a licensee for verification of licensure status provided to other 61.17veterinary licensing boards. 61.18    Subd. 2. Continuing education review. The board may charge a fee of $50 per 61.19submission to a sponsor for review and approval of individual continuing education 61.20seminars, courses, wet labs, and lectures. This fee does not apply to continuing education 61.21sponsors that already meet the criteria for preapproval under Minnesota Rules, part 61.229100.1000, subpart 3, item A. 61.23    new text begin Subd. 3.new text end new text begin Temporary license fee.new text end new text begin A person meeting the requirements for issuance new text end 61.24new text begin of a temporary permit to practice veterinary medicine under section new text end new text begin , pending new text end 61.25new text begin examination, who desires a temporary permit shall pay a fee of $60 to the board.new text end 61.26    new text begin Subd. 4.new text end new text begin Duplicate license.new text end new text begin A person requesting issuance of a duplicate or new text end 61.27new text begin replacement license shall pay a fee of $15 to the board.new text end 61.28    new text begin Subd. 5.new text end new text begin Mailing examination and reference materials.new text end new text begin An applicant who resides new text end 61.29new text begin outside the Twin Cities metropolitan area may request to take the Minnesota Veterinary new text end 61.30new text begin Jurisprudence Examination by mail. The fee for mailing the examination and reference new text end 61.31new text begin materials is $15.new text end 61.32    Sec. 14. new text begin REPEALER.new text end 61.33new text begin (a)new text end new text begin Minnesota Rules, parts 9100.0400, subparts 1 and 3; 9100.0500; and 9100.0600,new text end new text begin new text end 61.34new text begin are repealed.new text end 62.1new text begin (b)new text end new text begin Minnesota Statutes 2008, section 148D.180, subdivision 8,new text end new text begin is repealed.new text end 62.2ARTICLE 4 62.3HEALTH APPROPRIATIONS 62.4 Section 1. new text begin HEALTH APPROPRIATION.new text end
62.5new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 62.6new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 62.7new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 62.8new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 62.9new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 62.10new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 62.11new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal new text end 62.12new text begin year ending June 30, 2009, are effective the day following final enactment.new text end 62.13 new text begin APPROPRIATIONSnew text end 62.14 new text begin Available for the Yearnew text end 62.15 new text begin Ending June 30new text end 62.16 new text begin 2010new text end new text begin 2011new text end
62.17 Sec. 2. new text begin COMMISSIONER OF HEALTHnew text end
62.18 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin $new text end new text begin 103,645,000new text end new text begin $new text end new text begin 98,574,000new text end
62.19 new text begin Appropriations by Fundnew text end 62.20 new text begin 2010new text end new text begin 2011new text end 62.21 new text begin Generalnew text end new text begin 60,670,000new text end new text begin 55,310,000new text end 62.22 62.23 new text begin State Government new text end new text begin Special Revenuenew text end new text begin 31,531,000new text end new text begin 31,242,000new text end 62.24 new text begin Federal TANFnew text end new text begin 11,733,000new text end new text begin 11,733,000new text end
62.25 62.26 new text begin Subd. 2.new text end new text begin Community and Family Health new text end new text begin Promotionnew text end
62.27 new text begin Appropriations by Fundnew text end 62.28 new text begin Generalnew text end new text begin 43,701,000new text end new text begin 38,441,000new text end 62.29 62.30 new text begin State Government new text end new text begin Special Revenuenew text end new text begin 1,033,000new text end new text begin 1,322,000new text end 62.31 new text begin Federal TANFnew text end new text begin 11,733,000new text end new text begin 11,733,000new text end
62.32new text begin Support Services for Families With new text end 62.33new text begin Children Who are Deaf or Have Hearing new text end 62.34new text begin Loss.new text end new text begin Of the state government special new text end 62.35new text begin revenue fund amount, $289,000 in fiscal new text end 62.36new text begin year 2011 is for support services to families new text end 63.1new text begin with children who are deaf or have hearing new text end 63.2new text begin loss. Of this amount, in fiscal year 2011, new text end 63.3new text begin $192,000 is for grants, and in fiscal year new text end 63.4new text begin 2012, $212,000 is for grants and the balance new text end 63.5new text begin is for administrative costs.new text end 63.6new text begin Funding Usage.new text end new text begin Up to 75 percent of the new text end 63.7new text begin fiscal year 2012 appropriation for local public new text end 63.8new text begin health grants may be used to fund calendar new text end 63.9new text begin year 2011 allocations for this program. The new text end 63.10new text begin general fund reduction of $5,060,000 in new text end 63.11new text begin fiscal year 2011 for local public health grants new text end 63.12new text begin is onetime and the base funding for local new text end 63.13new text begin public health grants for fiscal year 2012 is new text end 63.14new text begin increased by $5,060,000.new text end 63.15new text begin Grants Reduction.new text end new text begin Effective July 1, new text end 63.16new text begin 2009, base-level funding for general fund new text end 63.17new text begin community and family health grants issued new text end 63.18new text begin under this paragraph shall be reduced by 2.55 new text end 63.19new text begin percent at the allotment level. Effective July new text end 63.20new text begin 1, 2011, base-level funding for general fund new text end 63.21new text begin community and family health grants issued new text end 63.22new text begin under this paragraph shall be reduced by 5.5 new text end 63.23new text begin percent at the allotment level.new text end 63.24new text begin Colorectal Screening.new text end new text begin $100,000 in new text end 63.25new text begin fiscal year 2010 is for grants to the new text end 63.26new text begin Hennepin County Medical Center and new text end 63.27new text begin MeritCare Bemidji for colorectal screening new text end 63.28new text begin demonstration projects.new text end 63.29new text begin Women's Heart Health Pilot Project.new text end new text begin new text end 63.30new text begin $100,000 in fiscal year 2010 is for the new text end 63.31new text begin women's heart health pilot project. This is a new text end 63.32new text begin onetime appropriation and is available until new text end 63.33new text begin expended.new text end 63.34new text begin TANF Appropriations.new text end new text begin (1) $1,156,000 of new text end 63.35new text begin the TANF funds are appropriated each year to new text end 64.1new text begin the commissioner for family planning grants new text end 64.2new text begin under Minnesota Statutes, section 145.925.new text end 64.3new text begin (2) $3,579,000 of the TANF funds are new text end 64.4new text begin appropriated each year to the commissioner new text end 64.5new text begin for home visiting and nutritional services new text end 64.6new text begin listed under Minnesota Statutes, section new text end 64.7new text begin 145.882, subdivision 7, clauses (6) and (7). new text end 64.8new text begin Funds must be distributed to community new text end 64.9new text begin health boards according to Minnesota new text end 64.10new text begin Statutes, section 145A.131, subdivision 1.new text end 64.11new text begin (3) $2,000,000 of the TANF funds are new text end 64.12new text begin appropriated each year to the commissioner new text end 64.13new text begin for decreasing racial and ethnic disparities new text end 64.14new text begin in infant mortality rates under Minnesota new text end 64.15new text begin Statutes, section 145.928, subdivision 7.new text end 64.16new text begin (4) $4,998,000 of the TANF funds are new text end 64.17new text begin appropriated each year to the commissioner new text end 64.18new text begin for the family home visiting grant program new text end 64.19new text begin according to Minnesota Statutes, section new text end 64.20new text begin 145A.17. $4,000,000 of the funding must new text end 64.21new text begin be distributed to community health boards new text end 64.22new text begin according to Minnesota Statutes, section new text end 64.23new text begin 145A.131, subdivision 1. $998,000 of new text end 64.24new text begin the funding must be distributed to tribal new text end 64.25new text begin governments according to Minnesota new text end 64.26new text begin Statutes, section 145A.14, subdivision 2a. new text end 64.27new text begin The commissioner may use five percent of new text end 64.28new text begin the funds appropriated each fiscal year to new text end 64.29new text begin conduct the ongoing evaluations required new text end 64.30new text begin under Minnesota Statutes, section 145A.17, new text end 64.31new text begin subdivision 7, and may use ten percent of new text end 64.32new text begin the funds appropriated each fiscal year to new text end 64.33new text begin provide training and technical assistance as new text end 64.34new text begin required under Minnesota Statutes, section new text end 64.35new text begin 145A.17, subdivisions 4 and 5.new text end 65.1new text begin TANF Carryforward.new text end new text begin Any unexpended new text end 65.2new text begin balance of the TANF appropriation in the new text end 65.3new text begin first year of the biennium does not cancel but new text end 65.4new text begin is available for the second year.new text end 65.5 new text begin Subd. 3.new text end new text begin Policy, Quality, and Compliancenew text end new text begin 100,000new text end new text begin 0new text end
65.6new text begin Rural Pharmacy Planning.new text end new text begin $100,000 in new text end 65.7new text begin fiscal year 2010 is for the rural pharmacy new text end 65.8new text begin planning and transition grant program under new text end 65.9new text begin Minnesota Statutes, section 144.1476. The new text end 65.10new text begin appropriation is available until expended.new text end 65.11 new text begin Subd. 4.new text end new text begin Health Protectionnew text end
65.12 new text begin Appropriations by Fundnew text end 65.13 new text begin Generalnew text end new text begin 9,679,000new text end new text begin 9,679,000new text end 65.14 65.15 new text begin State Government new text end new text begin Special Revenuenew text end new text begin 30,209,000new text end new text begin 30,209,000new text end
65.16new text begin Grants Reduction.new text end new text begin Effective July 1, new text end 65.17new text begin 2009, base-level funding for general fund new text end 65.18new text begin health protection grants issued under this new text end 65.19new text begin paragraph shall be reduced by 2.55 percent new text end 65.20new text begin at the allotment level. Effective July 1, new text end 65.21new text begin 2011, base-level funding for general fund new text end 65.22new text begin health protection grants issued under this new text end 65.23new text begin paragraph shall be reduced by 5.5 percent at new text end 65.24new text begin the allotment level.new text end 65.25 new text begin Subd. 5.new text end new text begin Administrative Support Servicesnew text end new text begin 7,190,000new text end new text begin 7,190,000new text end
65.26new text begin Hennepin County Medical Center Cancer new text end 65.27new text begin Registry.new text end new text begin Of this appropriation, $100,000 new text end 65.28new text begin in the first year is for a grant from the new text end 65.29new text begin commissioner of health to Hennepin County new text end 65.30new text begin Medical Center for expansion of its existing new text end 65.31new text begin cancer registry. This grant funding must new text end 65.32new text begin come from the Department of Health's new text end 65.33new text begin current resources for the Chronic Disease new text end 65.34new text begin and Environmental Epidemiology Section.new text end 66.1 Sec. 3. new text begin HEALTH RELATED BOARDSnew text end
66.2 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 14,753,000new text end new text begin $new text end new text begin 15,036,000new text end
66.3new text begin This appropriation is from the state new text end 66.4new text begin government special revenue fund.new text end 66.5new text begin Transfer From Special Revenue Fund.new text end new text begin new text end 66.6new text begin During the fiscal year beginning July 1, 2011, new text end 66.7new text begin the commissioner of finance shall transfer new text end 66.8new text begin $10,000,000 from the state government new text end 66.9new text begin special revenue fund to the general fund. The new text end 66.10new text begin boards must allocate this reduction to boards new text end 66.11new text begin carrying a positive balance as of July 1, 2011.new text end 66.12new text begin The amounts that may be spent for each new text end 66.13new text begin purpose are specified in the following new text end 66.14new text begin subdivisions.new text end 66.15 new text begin Subd. 2.new text end new text begin Board of Chiropractic Examinersnew text end new text begin 492,000new text end new text begin 509,000new text end
66.16 new text begin Subd. 3.new text end new text begin Board of Dentistrynew text end new text begin 1,100,000new text end new text begin 1,136,000new text end
66.17 66.18 new text begin Subd. 4.new text end new text begin Board of Dietetic and Nutrition new text end new text begin Practicenew text end new text begin 105,000new text end new text begin 105,000new text end
66.19 66.20 new text begin Subd. 5.new text end new text begin Board of Marriage and Family new text end new text begin Therapynew text end new text begin 159,000new text end new text begin 167,000new text end
66.21 new text begin Subd. 6.new text end new text begin Board of Medical Practicenew text end new text begin 3,682,000new text end new text begin 3,682,000new text end
66.22 new text begin Subd. 7.new text end new text begin Board of Nursingnew text end new text begin 3,368,000new text end new text begin 3,521,000new text end
66.23 66.24 new text begin Subd. 8.new text end new text begin Board of Nursing Home new text end new text begin Administratorsnew text end new text begin 1,358,000new text end new text begin 1,262,000new text end
66.25new text begin Administrative Services Unit - Operating new text end 66.26new text begin Costs.new text end new text begin Of this appropriation, $524,000 new text end 66.27new text begin in fiscal year 2010 and $526,000 in new text end 66.28new text begin fiscal year 2011 are for operating costs new text end 66.29new text begin of the administrative services unit. The new text end 66.30new text begin administrative services unit may receive new text end 66.31new text begin and expend reimbursements for services new text end 66.32new text begin performed by other agencies.new text end 67.1new text begin Administrative Services Unit - Retirement new text end 67.2new text begin Costs.new text end new text begin Of this appropriation in fiscal year new text end 67.3new text begin 2010, $201,000 is for onetime retirement new text end 67.4new text begin costs in the health-related boards. This new text end 67.5new text begin funding may be transferred to the health new text end 67.6new text begin boards incurring those costs for their new text end 67.7new text begin payment. These funds are available either new text end 67.8new text begin year of the biennium.new text end 67.9new text begin Administrative Services Unit - Volunteer new text end 67.10new text begin Health Care Provider Program.new text end new text begin Of this new text end 67.11new text begin appropriation, $79,000 in fiscal year 2010 new text end 67.12new text begin and $89,000 in fiscal year 2011 are to pay new text end 67.13new text begin for medical professional liability coverage new text end 67.14new text begin required under Minnesota Statutes, section new text end 67.15new text begin 214.40.new text end 67.16new text begin Administrative Services Unit - Contested new text end 67.17new text begin Cases and Other Legal Proceedings.new text end new text begin Of new text end 67.18new text begin this appropriation, $200,000 in fiscal year new text end 67.19new text begin 2010 and $200,000 in fiscal year 2011 new text end 67.20new text begin are for costs of contested case hearings new text end 67.21new text begin and other unanticipated costs of legal new text end 67.22new text begin proceedings involving health-related new text end 67.23new text begin boards funded under this section. Upon new text end 67.24new text begin certification of a health-related board to the new text end 67.25new text begin administrative services unit that the costs new text end 67.26new text begin will be incurred and that there is insufficient new text end 67.27new text begin money available to pay for the costs out of new text end 67.28new text begin money currently available to that board, the new text end 67.29new text begin administrative services unit is authorized new text end 67.30new text begin to transfer money from this appropriation new text end 67.31new text begin to the board for payment of those costs new text end 67.32new text begin with the approval of the commissioner of new text end 67.33new text begin finance. This appropriation does not cancel. new text end 67.34new text begin Any unencumbered and unspent balances new text end 67.35new text begin remain available for these expenditures in new text end 67.36new text begin subsequent fiscal years.new text end 68.1 new text begin Subd. 9.new text end new text begin Board of Optometrynew text end new text begin 105,000new text end new text begin 108,000new text end
68.2 new text begin Subd. 10.new text end new text begin Board of Pharmacynew text end new text begin 1,509,000new text end new text begin 1,579,000new text end
68.3 new text begin Subd. 11.new text end new text begin Board of Physical Therapynew text end new text begin 346,000new text end new text begin 356,000new text end
68.4 new text begin Subd. 12.new text end new text begin Board of Podiatrynew text end new text begin 61,000new text end new text begin 64,000new text end
68.5 new text begin Subd. 13.new text end new text begin Board of Psychologynew text end new text begin 876,000new text end new text begin 907,000new text end
68.6 new text begin Subd. 14.new text end new text begin Board of Social Worknew text end new text begin 958,000new text end new text begin 996,000new text end
68.7 new text begin Subd. 15.new text end new text begin Board of Veterinary Medicinenew text end new text begin 240,000new text end new text begin 250,000new text end
68.8 68.9 new text begin Subd. 16.new text end new text begin Board of Behavioral Health and new text end new text begin Therapynew text end new text begin 394,000new text end new text begin 394,000new text end
68.10 68.11 Sec. 4. new text begin EMERGENCY MEDICAL SERVICES new text end new text begin BOARDnew text end new text begin $new text end new text begin 4,024,000new text end new text begin $new text end new text begin 4,054,000new text end
68.12 new text begin Appropriations by Fundnew text end 68.13 new text begin 2010new text end new text begin 2011new text end 68.14 new text begin Generalnew text end new text begin 3,288,000new text end new text begin 3,288,000new text end 68.15 68.16 new text begin State Government new text end new text begin Special Revenuenew text end new text begin 736,000new text end new text begin 766,000new text end 68.17 68.18 68.19 new text begin Cooper/Sams new text end new text begin Volunteer new text end new text begin Ambulance Trustnew text end new text begin 625,000new text end new text begin 0new text end
68.20new text begin Longevity Award and Incentive Program.new text end new text begin new text end 68.21new text begin Of the general fund appropriation, $700,000 new text end 68.22new text begin in fiscal year 2010 and $700,000 in fiscal new text end 68.23new text begin year 2011 are to the board for the ambulance new text end 68.24new text begin service personnel longevity award and new text end 68.25new text begin incentive program, under Minnesota Statutes, new text end 68.26new text begin section 144E.40.new text end 68.27new text begin Transfer.new text end new text begin In fiscal year 2010, $100,000 new text end 68.28new text begin is transferred from the Cooper/Sams new text end 68.29new text begin volunteer ambulance trust, established under new text end 68.30new text begin Minnesota Statutes, section 144E.42, to the new text end 68.31new text begin general fund.new text end 68.32new text begin Health Professional Services Program.new text end new text begin new text end 68.33new text begin $736,000 in fiscal year 2010 and $766,000 in new text end 68.34new text begin fiscal year 2011 from the state government new text end 69.1new text begin special revenue fund are for the health new text end 69.2new text begin professional services program.new text end 69.3new text begin Regional Medical Services Program.new text end new text begin (a) new text end 69.4new text begin $400,000 in the first year is transferred from new text end 69.5new text begin the Cooper/Sams volunteer ambulance trust new text end 69.6new text begin to the emergency medical services system new text end 69.7new text begin fund.new text end 69.8new text begin (b) $400,000 in the first year from the new text end 69.9new text begin emergency medical services system fund is new text end 69.10new text begin for the regional emergency medical services new text end 69.11new text begin programs. This amount shall be distributed new text end 69.12new text begin equally to the eight emergency medical new text end 69.13new text begin service regions. Notwithstanding Minnesota new text end 69.14new text begin Statutes, section 144E.50, 100 percent of new text end 69.15new text begin the appropriation shall be passed on to the new text end 69.16new text begin emergency medical service regions.new text end 69.17new text begin Comprehensive Advanced Life-Support new text end 69.18new text begin Educational (CALS) Program.new text end new text begin $100,000 in new text end 69.19new text begin the first year from the Cooper/Sams volunteer new text end 69.20new text begin ambulance trust is for the comprehensive new text end 69.21new text begin advanced life-support educational (CALS) new text end 69.22new text begin program established under Minnesota new text end 69.23new text begin Statutes, section 144E.37. This appropriation new text end 69.24new text begin is to extend availability and affordability new text end 69.25new text begin of the CALS program for rural emergency new text end 69.26new text begin medical personnel and to assist hospital staff new text end 69.27new text begin in attaining the credentialing levels necessary new text end 69.28new text begin for implementation of the statewide trauma new text end 69.29new text begin system.new text end 69.30new text begin Emergency Medical Services for Children new text end 69.31new text begin (EMS-C) Program.new text end new text begin $25,000 in the first new text end 69.32new text begin year from the Cooper/Sams volunteer new text end 69.33new text begin ambulance trust is for the emergency medical new text end 69.34new text begin services for children (EMS-C) program. new text end 69.35new text begin This appropriation is to meet increased need new text end 70.1new text begin for medical training specific to pediatric new text end 70.2new text begin emergencies.new text end 70.3 70.4 Sec. 5. new text begin DEPARTMENT OF VETERANS new text end new text begin AFFAIRSnew text end new text begin $new text end new text begin 200,000new text end new text begin $new text end new text begin 0new text end
70.5new text begin Veterans Paramedic Apprenticeship new text end 70.6new text begin Program.new text end new text begin $200,000 in the first year is from new text end 70.7new text begin the Cooper/Sams volunteer ambulance trust new text end 70.8new text begin to the commissioner of veterans affairs new text end 70.9new text begin for a grant to the Minnesota Ambulance new text end 70.10new text begin Association to implement a veterans new text end 70.11new text begin paramedic apprenticeship program to new text end 70.12new text begin reintegrate returning military medics into new text end 70.13new text begin Minnesota's workforce in the field of new text end 70.14new text begin paramedic and emergency services, thereby new text end 70.15new text begin guaranteeing returning military medics new text end 70.16new text begin gainful employment with livable wages and new text end 70.17new text begin benefits. This appropriation is available until new text end 70.18new text begin expended.new text end 70.19 Sec. 6. new text begin DEPARTMENT OF PUBLIC SAFETYnew text end new text begin $new text end new text begin 250,000new text end new text begin $new text end new text begin 0new text end
70.20new text begin Medical Response Unit Reimbursement new text end 70.21new text begin Pilot Program.new text end new text begin (a) $250,000 in the first new text end 70.22new text begin year is from the Cooper/Sams volunteer new text end 70.23new text begin ambulance trust to the Department of new text end 70.24new text begin Public Safety for a medical response unit new text end 70.25new text begin reimbursement pilot program. Of this new text end 70.26new text begin appropriation, $75,000 is for administrative new text end 70.27new text begin costs to the Department of Public Safety, new text end 70.28new text begin including providing contract staff support new text end 70.29new text begin and technical assistance to the pilot program new text end 70.30new text begin partners if necessary.new text end 70.31new text begin (b) Of the amount in paragraph (a), $175,000 new text end 70.32new text begin is to the Department of Public Safety new text end 70.33new text begin to be used to provide a predetermined new text end 70.34new text begin reimbursement amount to the participating new text end 71.1new text begin medical response units. The Department new text end 71.2new text begin of Public Safety or its contract designee new text end 71.3new text begin will develop an agreement with the medical new text end 71.4new text begin response units outlining reimbursement and new text end 71.5new text begin program requirements to include HIPAA new text end 71.6new text begin compliance while participating in the pilot new text end 71.7new text begin program.new text end 71.8 Sec. 7. new text begin COUNCIL ON DISABILITYnew text end new text begin $new text end new text begin 524,000new text end new text begin $new text end new text begin 524,000new text end
71.9 71.10 71.11 Sec. 8. new text begin OMBUDSMAN FOR MENTAL new text end new text begin HEALTH AND DEVELOPMENTAL new text end new text begin DISABILITIESnew text end new text begin $new text end new text begin 1,655,000new text end new text begin $new text end new text begin 1,580,000new text end
71.12 Sec. 9. new text begin OMBUDSPERSON FOR FAMILIESnew text end new text begin $new text end new text begin 265,000new text end new text begin $new text end new text begin 265,000new text end
71.13    Sec. 10. new text begin FEDERAL STIMULUS FUNDS; REPORT.new text end 71.14new text begin By February 15, 2010, the commissioner of health shall submit to the chairs and new text end 71.15new text begin ranking minority members of the house of representatives and senate committees with new text end 71.16new text begin jurisdiction over public health and public safety finance a report on how funds from the new text end 71.17new text begin American Recovery and Reinvestment Act of 2009 are used: (1) to support advancing new text end 71.18new text begin the objectives of the Minnesota Department of Health's Sexual Violence Prevention Plan; new text end 71.19new text begin and (2) to support any pilot programs that might demonstrate and evaluate how use of new text end 71.20new text begin community-based prevention grants might serve as a model for future investment of state new text end 71.21new text begin resources to help advance the department's Sexual Violence Prevention Plan.new text end 71.22ARTICLE 5 71.23HOUSING APPROPRIATIONS 71.24 Section 1. new text begin HOUSING APPROPRIATIONS.new text end
71.25    new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 71.26new text begin agencies and for the purposes specified in this act. The appropriations are from the general new text end 71.27new text begin fund, or another named fund, and are available for the fiscal years indicated for each new text end 71.28new text begin purpose. The figures "2010" and "2011" used in this act mean that the appropriations new text end 71.29new text begin listed under them are available for the fiscal year ending June 30, 2010, or June 30, 2011, new text end 71.30new text begin respectively. "The first year" is fiscal year 2010. "The second year" is fiscal year 2011. new text end 71.31new text begin "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal year ending new text end 71.32new text begin June 30, 2009, are effective the day following final enactment.new text end 72.1 new text begin APPROPRIATIONSnew text end 72.2 new text begin Available for the Yearnew text end 72.3 new text begin Ending June 30new text end 72.4 new text begin 2010new text end new text begin 2011new text end
72.5 Sec. 2. new text begin HOUSING FINANCE AGENCYnew text end
72.6 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin $new text end new text begin 45,208,000new text end new text begin $new text end new text begin 45,208,000new text end
72.7new text begin The amounts that may be spent for each new text end 72.8new text begin purpose are specified in the following new text end 72.9new text begin subdivisions.new text end 72.10new text begin This appropriation is for transfer to the new text end 72.11new text begin housing development fund for the programs new text end 72.12new text begin specified. Except as otherwise indicated, this new text end 72.13new text begin transfer is part of the agency's permanent new text end 72.14new text begin budget base.new text end 72.15 new text begin Subd. 2.new text end new text begin Challenge Programnew text end new text begin 9,517,000new text end new text begin 9,517,000new text end
72.16new text begin For the economic development and housing new text end 72.17new text begin challenge program under Minnesota Statutes, new text end 72.18new text begin section 462A.33. Of this amount, $1,395,000 new text end 72.19new text begin each year shall be made available during the new text end 72.20new text begin first 11 months of the fiscal year exclusively new text end 72.21new text begin for housing projects for American Indians. new text end 72.22new text begin Any funds not committed to housing projects new text end 72.23new text begin for American Indians in the first 11 months new text end 72.24new text begin of the fiscal year shall be available for any new text end 72.25new text begin eligible activity under Minnesota Statutes, new text end 72.26new text begin section 462A.33.new text end 72.27new text begin Base Adjustment.new text end new text begin Beginning July 1, 2011, new text end 72.28new text begin the base is reduced by $1,150,000.new text end 72.29 new text begin Subd. 3.new text end new text begin Housing Trust Fundnew text end new text begin 10,555,000new text end new text begin 10,555,000new text end
72.30new text begin For deposit in the housing trust fund account new text end 72.31new text begin created under Minnesota Statutes, section new text end 72.32new text begin 462A.201, and used for the purposes new text end 72.33new text begin provided in that section.new text end 72.34 new text begin Subd. 4.new text end new text begin Rental Assistance for Mentally Illnew text end new text begin 2,638,000new text end new text begin 2,638,000new text end
73.1new text begin For a rental housing assistance program for new text end 73.2new text begin persons with a mental illness or families with new text end 73.3new text begin an adult member with a mental illness under new text end 73.4new text begin Minnesota Statutes, section new text end new text begin .new text end 73.5 new text begin Subd. 5.new text end new text begin Family Homeless Preventionnew text end new text begin 7,465,000new text end new text begin 7,465,000new text end
73.6new text begin For the family homeless prevention and new text end 73.7new text begin assistance programs under Minnesota new text end 73.8new text begin Statutes, section new text end new text begin .new text end 73.9 new text begin Subd. 6.new text end new text begin Home Ownership Assistance Fundnew text end new text begin 385,000new text end new text begin 385,000new text end
73.10new text begin For the home ownership assistance program new text end 73.11new text begin under Minnesota Statutes, section 462A.21, new text end 73.12new text begin subdivision 8. In fiscal years 2012 and 2013, new text end 73.13new text begin the base shall be $885,000 each year.new text end 73.14 new text begin Subd. 7.new text end new text begin Affordable Rental Investment Fundnew text end new text begin 8,996,000new text end new text begin 8,996,000new text end
73.15new text begin For the affordable rental investment fund new text end 73.16new text begin program under Minnesota Statutes, section new text end 73.17new text begin 462A.21, subdivision 8bnew text end new text begin . The appropriation new text end 73.18new text begin is to finance the acquisition, rehabilitation, new text end 73.19new text begin and debt restructuring of federally assisted new text end 73.20new text begin rental property and for making equity new text end 73.21new text begin take-out loans under Minnesota Statutes, new text end 73.22new text begin section 462A.05, subdivision 39. new text end 73.23new text begin The owner of federally assisted rental new text end 73.24new text begin property must agree to participate in new text end 73.25new text begin the applicable federally assisted housing new text end 73.26new text begin program and to extend any existing new text end 73.27new text begin low-income affordability restrictions on the new text end 73.28new text begin housing for the maximum term permitted. new text end 73.29new text begin The owner must also enter into an agreement new text end 73.30new text begin that gives local units of government, new text end 73.31new text begin housing and redevelopment authorities, new text end 73.32new text begin and nonprofit housing organizations the new text end 73.33new text begin right of first refusal if the rental property new text end 73.34new text begin is offered for sale. Priority must be given new text end 74.1new text begin among comparable federally assisted rental new text end 74.2new text begin properties to properties with the longest new text end 74.3new text begin remaining term under an agreement for new text end 74.4new text begin federal assistance. Priority must also be new text end 74.5new text begin given among comparable rental housing new text end 74.6new text begin developments to developments that are or new text end 74.7new text begin will be owned by local government units, a new text end 74.8new text begin housing and redevelopment authority, or a new text end 74.9new text begin nonprofit housing organization.new text end 74.10new text begin The appropriation also may be used to finance new text end 74.11new text begin the acquisition, rehabilitation, and debt new text end 74.12new text begin restructuring of existing supportive housing new text end 74.13new text begin properties. For purposes of this subdivision, new text end 74.14new text begin "supportive housing" means affordable rental new text end 74.15new text begin housing with links to services necessary for new text end 74.16new text begin individuals, youth, and families with children new text end 74.17new text begin to maintain housing stability.new text end 74.18 new text begin Subd. 8.new text end new text begin Housing Rehabilitationnew text end new text begin 4,287,000new text end new text begin 4,287,000new text end
74.19new text begin For the housing rehabilitation program new text end 74.20new text begin under Minnesota Statutes, section new text end new text begin , new text end 74.21new text begin subdivision 14, for rental housing new text end 74.22new text begin developments.new text end 74.23 74.24 new text begin Subd. 9.new text end new text begin Homeownership Education, new text end new text begin Counseling, and Trainingnew text end new text begin 865,000new text end new text begin 865,000new text end
74.25new text begin For the homeownership education, new text end 74.26new text begin counseling, and training program under new text end 74.27new text begin Minnesota Statutes, section new text end new text begin .new text end 74.28 new text begin Subd. 10.new text end new text begin Capacity Building Grantsnew text end new text begin 250,000new text end new text begin 250,000new text end
74.29new text begin For nonprofit capacity building grants new text end 74.30new text begin under Minnesota Statutes, section new text end new text begin , new text end 74.31new text begin subdivision 3b.new text end 74.32 74.33 new text begin Subd. 11.new text end new text begin Transfer of Disaster Relief new text end new text begin Contingency Fundsnew text end
75.1new text begin $1,500,000 of the amount unobligated new text end 75.2new text begin and unencumbered in the disaster relief new text end 75.3new text begin contingency fund under Minnesota Statutes, new text end 75.4new text begin section 462A.21, subdivision 29, is new text end 75.5new text begin transferred to the housing trust fund under new text end 75.6new text begin Minnesota Statutes, section 462A.201, for new text end 75.7new text begin grants for temporary rental assistance for new text end 75.8new text begin families with children who are homeless and new text end 75.9new text begin in need of or utilizing an emergency shelter new text end 75.10new text begin facility. This is a onetime transfer and is not new text end 75.11new text begin added to the agency's permanent budget base.new text end 75.12 75.13 new text begin Subd. 12.new text end new text begin Demonstration Project for High-Risk new text end new text begin Adultsnew text end
75.14new text begin $250,000 in fiscal year 2010 and $250,000 new text end 75.15new text begin in fiscal year 2011 are appropriated from new text end 75.16new text begin the general fund to the commissioner of the new text end 75.17new text begin Housing Finance Agency for grants to the new text end 75.18new text begin nonprofit organization selected to administer new text end 75.19new text begin the demonstration project for high-risk adults new text end 75.20new text begin under Laws 2007, chapter 54, article 1, new text end 75.21new text begin section 19, in order to continue the project new text end 75.22new text begin for a second biennium. This is a onetime new text end 75.23new text begin appropriation.new text end 75.24 Sec. 3. new text begin Commissioner of Financenew text end new text begin $new text end new text begin 5,000new text end new text begin $new text end new text begin 5,000new text end
75.25new text begin $5,000 in fiscal year 2010 and $5,000 in new text end 75.26new text begin fiscal year 2011 are for the commissioner of new text end 75.27new text begin finance for administrative expenses under new text end 75.28new text begin section 327C.03.new text end 75.29ARTICLE 6 75.30HUMAN SERVICES APPROPRIATIONS 75.31    Section 1. new text begin EMERGENCY SERVICES SHELTER GRANTS FROM AMERICAN new text end 75.32new text begin RECOVERY AND REINVESTMENT ACT.new text end 76.1new text begin To the extent permitted under federal law, the commissioner of human services, when new text end 76.2new text begin determining the uses of the emergency services shelter grants provided under the American new text end 76.3new text begin Recovery and Reinvestment Act, shall give priority to programs that serve the following:new text end 76.4new text begin (1) homeless youth;new text end 76.5new text begin (2) American Indian women who are victims of trafficking; new text end 76.6new text begin (3) high-risk adult males considered to be very likely to enter or re-enter state or new text end 76.7new text begin county correctional programs, or chemical and mental health programs;new text end 76.8new text begin (4) battered women; andnew text end 76.9new text begin (5) families affected by foreclosure.new text end 76.10 Sec. 2. new text begin HUMAN SERVICES APPROPRIATIONS.new text end
76.11    new text begin The sums shown in the columns marked "Appropriations" are appropriated to the new text end 76.12new text begin agencies and for the purposes specified in this article. The appropriations are from the new text end 76.13new text begin general fund, or another named fund, and are available for the fiscal years indicated new text end 76.14new text begin for each purpose. The figures "2010" and "2011" used in this article mean that the new text end 76.15new text begin appropriations listed under them are available for the fiscal year ending June 30, 2010, or new text end 76.16new text begin June 30, 2011, respectively. "The first year" is fiscal year 2010. "The second year" is fiscal new text end 76.17new text begin year 2011. "The biennium" is fiscal years 2010 and 2011. Appropriations for the fiscal new text end 76.18new text begin year ending June 30, 2009, are effective the day following final enactment.new text end 76.19 new text begin APPROPRIATIONSnew text end 76.20 new text begin Available for the Yearnew text end 76.21 new text begin Ending June 30new text end 76.22 new text begin 2010new text end new text begin 2011new text end
76.23 Sec. 3. new text begin HUMAN SERVICESnew text end
76.24 new text begin Subdivision 1.new text end new text begin Total Appropriationnew text end new text begin $new text end new text begin 15,993,000new text end new text begin $new text end new text begin 14,990,000new text end
76.25 new text begin Appropriations by Fundnew text end 76.26 new text begin 2010new text end new text begin 2011new text end 76.27 new text begin Generalnew text end new text begin 10,993,000new text end new text begin 14,990,000new text end 76.28 76.29 76.30 new text begin Federal Fiscal new text end new text begin Stabilization new text end new text begin Accountnew text end new text begin 5,000,000new text end new text begin 0new text end
76.31 76.32 new text begin Subd. 2.new text end new text begin Other Children and Economic new text end new text begin Assistance Grantsnew text end new text begin 15,993,000new text end new text begin 14,990,000new text end
76.33new text begin Federal Funding.new text end new text begin $5,000,000 in fiscal year new text end 76.34new text begin 2010 is from the federal fiscal stabilization new text end 76.35new text begin account.new text end 77.1new text begin Homeless and Runaway Youth.new text end new text begin $238,000 new text end 77.2new text begin in fiscal year 2010 is for the Runaway new text end 77.3new text begin and Homeless Youth Act under Minnesota new text end 77.4new text begin Statutes, section 256K.45. Funds shall be new text end 77.5new text begin spent in each area of the continuum of care new text end 77.6new text begin to ensure that programs are meeting the new text end 77.7new text begin greatest need. Any unexpended balance in new text end 77.8new text begin the first year is available in the second year. new text end 77.9new text begin Beginning July 1, 2011, the base is increased new text end 77.10new text begin by $119,000 each year.new text end 77.11new text begin Foodshelf Programs.new text end new text begin $275,000 in fiscal new text end 77.12new text begin year 2010 is for foodshelf programs under new text end 77.13new text begin Minnesota Statutes, section 256E.34. This new text end 77.14new text begin is a onetime appropriation and is available new text end 77.15new text begin until expended. This appropriation is to new text end 77.16new text begin complement the federal funding under the new text end 77.17new text begin American Recovery and Reinvestment Act.new text end 77.18new text begin Supportive Housing Services.new text end new text begin $1,500,000 new text end 77.19new text begin each year is for supportive services under new text end 77.20new text begin Minnesota Statutes, section 256K.26. This is new text end 77.21new text begin a onetime appropriation. Beginning in fiscal new text end 77.22new text begin year 2012, the base is increased by $68,000 new text end 77.23new text begin per year.new text end 77.24new text begin Community Action Grants.new text end new text begin Community new text end 77.25new text begin action grants are reduced one time by new text end 77.26new text begin $1,764,000 each year. This reduction is due new text end 77.27new text begin to the availability of federal funds under the new text end 77.28new text begin American Recovery and Reinvestment Act.new text end