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Minnesota Legislature

Office of the Revisor of Statutes

Legislative Session number- 86

Bill Name: HF2123

Chapter No. 37 HF2123

Omnibus environment and natural resources

Article 1: Environment and natural resources finance provisions

Sec. 1: Summary of appropriations provided.

Sec. 2: Environment
and natural resources appropriations provided.

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

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

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

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

7: Minnesota Conservation Corps appropriation provided.

Sec. 8: Zoological
Board appropriation provided.

Sec. 9: Science Museum of Minnesota
appropriation provided.

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

11: Gift card and certificate sales authorized.

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

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

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

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

Sec. 16: Conveyance of unneeded state easements provision language

Sec. 17: All-terrain vehicle exemptions provision language

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

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

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

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

Sec. 22: Horse trail pass issuance provision language

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

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

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

Sec. 26: Land
management account provision language modified.

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

Sec. 28: Term of permit provision
language added.

Sec. 29: Permit assignment provision language added.

30: Mining administration account provision language modified.

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

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

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

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

Sec. 35: Permit
application fees language modified.

Sec. 36: Field inspection fees language

Sec. 37: Regulation of storm water discharges provision language

Sec. 38: Enforcement funding provision language stricken.

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


Sec. 40: Application review and issue related fees provision

Sec. 41: Electronic waste account provision language

Sec. 42: Fund distribution provision language modified.

Sec. 43:
Composting competitive grant program established.

Sec. 44: Yard waste
prohibition provision language added.

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

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

Sec. 47: Definitions provided.

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

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

Sec. 50: Applicability

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

Pollution Control authorized.

Sec. 52: Agency participation in interstate
chemicals clearinghouse

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

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

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

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

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

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

Sec. 59: State land sale provision language

Sec. 60: Land and mineral resources management appropriation

Sec. 61: Fish and wildlife management appropriation

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


Sec. 63: Priority chemical reports required.

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

Sec. 65: Environmental review process
streamlining report required.

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

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

Sec. 68: Carbon sequestration forestry report required.

69: Repealer.

Article 2: Energy finance provisions provided.

Sec. 1:
Summary of Appropriations provided.

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

Sec. 3:
Department of Commerce appropriation provided.
Subd 1: Total
appropriation provided.
Subd 2: Financial institutions appropriation
Subd 3: Petroleum tank release cleanup board appropriation
Subd 4: Administrative services appropriation provided.

Subd 5: Telecommunications appropriation provided.
Subd 6: Market
assurance appropriation provided.
Subd 7: Office of energy security
appropriation provided.
Subd 8: Telecommunications Access appropriation
provided, includes funding for the Minnesota Commission Serving Deaf and
Hard-of-Hearing People.

Sec. 4: Public utilities commission appropriation

Sec. 5: Commissioner of commerce general powers provision language

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

Sec. 7: Minnesota green enterprise assistance
project required.

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

Sec. 9: Bill objection authorization provision
language modified.

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

Sec. 11: Department of commerce required to assess all

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

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

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

Sec. 1: Definitions provided.

Sec. 2:
Consumer small loans definitions provided.

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

Sec. 4: Penalties for
violation provision language modified.

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

Sec. 6: Exemption certification
provision language modified.

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

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

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

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

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

Sec. 12: Insolvency definition
language stricken.

Sec. 13: Additional insurer requirements provided.

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

Sec . 15: Benefits limitations
provision language modified.

Sec. 16: Prohibited sales practice provision
language modified.

Sec. 17: Insurer application form language

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

Sec. 19: Powers of
corporation provision language added.

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

Sec. 21:
Qualifying property provision language added.

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

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

Sec. 24:
Membership termination provision language stricken.

Sec. 25:

Article 4: Debt management and debt settlement service provisions

Sec. 1: Scope language added.

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

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

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

Sec. 5: Telephone solicitation
provision language modified.

Sec. 6: Advertise definition provided.

7: Controlling or affiliated party definition language modified.

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

Sec. 10: Debt management services definition
language modified.

Sec. 11: Debtor definition language modified.

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

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

Sec. 14: Denial of
registration provision language modified.

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

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

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

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

19: Definitions provided.

Sec. 20: Debt management services provider
registration required.

Sec. 21: Registration application form requirements

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

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

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

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

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

Sec. 27: Debt settlement
services provider prohibitions.

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

Sec. 29: Debt settlement services agreement
rescission authorized.

Sec. 30: Enforcement and remedies provided.

31: Investigations of registrant books and records authorized.

ERS, 5/6/09