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Legislative Session number- 83

Bill Name: SF0905

E Relating to the organization, operation and financing of state + government;
appropriating money for environment, natural resources, agriculture, +economic
development and housing purposes ARTICLE 1 � ENVIRONMENT AND NATURAL RESOURCES
Providing a summary of appropriations from various funds; +appropriating money
to the pollution control agency for the clean water partnership +program, for
feedlot permit program county administration, water quality +protection and
individual sewage treatment system (ISTS) administration grants, for +the air
quality monitoring and leaking underground storage tank programs and +for
transfer to the department of health for private water supply +monitoring and
health assessment costs in certain contaminated areas, to the office +of
environmental assistance for SCORE block grants to counties, for +environmental
assistance grants or loans and for mixed municipal solid waste +processing
payments, to the zoological board and to the department of natural +resources
for iron ore and minerals cooperative research, for mineral +diversification,
for the Lewis and Clark rural water system, for Red River mediation +agreement
and flood hazard mitigation grants, for groundwater (ground water)
sustainability determination, for construction of ring dikes, for +forest fire
prevention and suppression costs, for implementation of the upper +Mississippi
comprehensive plan, the sustainable forest resources act and the +forested
landscapes ecological classification systems (ECS) standards, for the+ FORIST
timber management information system, for parks and recreation areas +operation,
for trails and waterways and fish and wildlife management, for boat +and water
safety, for certain enforcement activities, for acquisition and +development of
natural areas and greenways, for regional resource enhancement grants+ and for
the Duluth and Como zoos, to the Minnesota conservation corps, to the+ board of
water and soil resources for local natural resources block and +certain soil and
water conservation and watershed district grants and for Red River +basin water
management activities, to the science museum, to various agencies for+ certain
Minnesota resources programs including local initiative grants, state+ trails,
groundwater protection and environmental education and health; +specifying
certain data availability, project, match, recycled materials +purchase, energy
conservation and accessibility requirements and certain payment +conditions;
providing for certain fund transfers and for the continued +availability or
carryforward of certain appropriations; requiring certain reports; +specifying
certain feedlot permit program grants county eligibility +requirements;
authorizing the commissioner of natural resources to use a certain +percentage
of snowmobile maintenance and grooming grants for reimbursement of +snowmobile
trail grooming equipment purchase or lease expenses; providing for +the payment
of overtime to conservation officers; increasing certain aquatic +farming
license and inspection fees; clarifying the authority of the +commissioner to
employ staff to enforce laws governing the use of state parks, +forests and
recreational areas and game preserves; expanding the authority of the
commissioner to accept gifts; increasing the age limit on the +harvesting of
wild rice without a license, increasing certain harvesting license +fees and
transferring the wild rice management account to the game and fish +fund;
restricting the use of off highway vehicles on public land and +providing for
enforcement, including off highway motorcycles and off road and +all-terrain
vehicles in the definition of off highway vehicle, creating the off +highway
vehicle damage account in the natural resources fund for use by the commissioner
for repair or restoration of property damaged by +operation of the vehicles in
unpermitted areas; eliminating certain exemptions to off +highway motorcycle
registration requirements; increasing certain vehicle +registration fees;
expanding authorized uses of the off highway vehicle accounts; +requiring and
providing for the commissioner to establish a program for safe +and responsible
operation of off highway vehicles; expanding the +definition of all-terrain
vehicle; authorizing commissioner withholding of grants +in aid payments for
motorized trail construction and maintenance for certain+ recipient violations;
transferring the Minnesota conservation corps from the +DNR to a certain
nonprofit corporation and providing for organization; +reauthorizing the
governor to appoint a citizens council on Voyageurs national park; +expanding
the exemption for pathogens and terrestrial arthropods from harmful +exotic
species regulation; modifying certain state park parking and campsite+ use fees
and certain permit requirements; changing the requirement for free +admission to
the Minnesota zoo for certain school children to a reduced fee +requirement and
exempting concession stands at the zoo from certain service contract procedures;
increasing watercraft license and title filing fees; +granting the commissioner
certain additional wildlife disease prevention or +control authority; increasing
the amount from the lifetime fish and wildlife +trust fund required to be
annually credited to the wildlife acquisition account;+ expanding authorized
uses of revenue from migratory waterfowl and pheasant +stamps; eliminating the
authority to breed and propagate cervidae and to +possess deer as pets;
authorizing commissioner issuance of free licenses to take +wild animals for
wildlife disease prevention and control purposes; +increasing certain hunting
and fishing license and stamp validation fees; +restricting importation and
possession of hunter harvested cervidae; expanding +the authority of the
commissioner to establish special deer seasons +within designated areas; making
optional the requirement for BOWSR to +develop a priority schedule for the
revision of watershed plans and modifying +certain comprehensive local water
management plan and protection program +requirements; authorizing watershed
districts to issue general permits for public +road projects and providing for
appeal; eliminating the time limit for +completion of revised watershed
management plans; expanding the definition of local government unit to soil and
water conservation districts under the +water law and eliminating certain
wetlands replacement requirements; +establishing certain fees for managing
wetland bank accounts and transactions; increasing +water use permit processing
fees; imposing an aeration system permit fee, +specifying eligibility for
commissioner waiver; increasing the limits on permits+ to harvest or destroy
aquatic plants; providing for compliance of storm +water permits with
nondegradation and mitigation requirements and for +regulation of storm water
discharges; establishing a state goal for reducing +phosphorus from noningested
sources entering municipal wastewater treatment systems;+ imposing a fee on the
installation of septic system tanks, requiring annual +payment to the
commissioner; authorizing the director of the OEA to terminate +the obligations
of waste processing facility grant or loan recipients for+ good faith efforts to
comply with the terms and conditions of the grant or+ loan, requiring annual
default and termination reports to the legislature; +modifying certain
requirements for director mixed municipal solid waste +processing payments to
counties; modifying certain solid waste fee proceeds +deposit requirements;
prohibiting the placement in mixed municipal solid +waste of electronic products
with cathode ray tubes; modifying certain +provisions under the petroleum tank
release cleanup fund (petrofund) act, expanding +authorized expenditures to
assessment and removal of abandoned underground +storage tanks, authorizing
petroleum tank release compensation board reimbursement +for costs associated
with releases from tanks in transport and for a certain +percentage of
prenatural disaster estimated market value of buildings in +declared natural
disaster areas, specifying certain documentation requirements; +authorizing the
board to deny corrective action services consultant or contractor +registrations
or requests for renewal under certain conditions; expanding the list +of
sections to be repealed and delaying the date of repeal; requiring by+ a certain
date certain vapor recovery equipment on underground storage tanks at+ locations
selling gasoline at retail in the metropolitan area and on transport +delivery
vehicles delivering gasoline to the locations; requiring and +providing for
petroleum tank release compensation board reimbursement of a certain +percentage
of the costs of retrofits for compliance purposes, limits; +authorizing the PCA
to issue field citations for failure to install or use the required +equipment
during the transfer of gasoline from transport delivery vehicles to +underground
storage tanks and setting the penalty amount; modifying and +clarifying certain
provisions relating to management of the environmental and natural +resources
trust and Minnesota future resources funds; establishing a water +quality
assessment process under the PCA, specifying certain rule adoption +and
modifying certain permit fee requirements; requiring amendment of +certain fees
for utility permits to cross state lands or waters; terminating the +outstanding
obligations of certain waste processing facility grants to Fillmore, +St. Louis,
Wright, Isanti, Chisago, Pine, Mille Lacs, Kanabec and Pennington +counties;
requiring DNR reports to the legislature on clarification of employee
enforcement authority, on forest land off highway vehicle use +reclassification
and on the availability of off highway vehicle trails, a report by +the PCA, the
DNR, the OEA and BOWSR on consolidating and streamlining county +reporting
requirements and certain PCA ISTS and phosphorus reduction reports; +specifying
certain continuous trail designation requirements of the DNR +commissioner;
specifying certain well disclosure requirements of real property +sellers in
Washington county; extending electronic game and fish license agent +agreements;
temporarily exempting certain domestic commercial airline from the +petroleum
tank release cleanup fee under certain job loss minimization +conditions;
requiring state agencies incurring reimbursable costs for petroleum +tank
release responses to submit applications for reimbursement to the +petroleum
tank release compensation board by a certain date; requiring the DNR +to
complete a review of the use of motorized devices on nonmotorized +state trails
by physically disabled individuals; repealing the Minnesota-Wisconsin+ boundary
area compact and commission, certain local water management plan +requirements
and certain provisions relating to the confinement of cervidae ARTICLE 2 -
ENVIRONMENTAL FUND CHANGES Providing for the crediting of certain additional
penalties, taxes +and fees to the environmental fund; establishing the
remediation fund for +response and corrective actions for releases of hazardous
substances, pollutants +or contaminants, agricultural chemicals and petroleum
and for +environmental response actions at qualified landfill facilities,
eliminating the environmental response, compensation and compliance account and
+providing for deposit of superfund and certain other response or action fees,
+recoveries and penalties in the remediation fund; exempting certain fees from
+departmental earnings requirements; expanding certain powers of the
commissioner +of the pollution control agency relating to certain grant
agreements and +permit fees, providing for PCA collection of certain water
quality permit and +hazardous waste fees and for transfer of certain amounts
from the superfund, +the solid waste and metropolitan landfill contingency
action funds and the dry +cleaner environmental response and reimbursement
account to the remediation +fund; repealing the superfund, the solid waste fund,
a certain provision +providing for landfill cleanup funding shortfalls, the used
motor oil +reimbursement education program and account and a certain expenditure
notice +requirement under the metropolitan landfill contingency action fund
department of agriculture for the +voluntary cleanup program, for Minnesota
grown promotion and sustainable agriculture demonstration project grants, for
ethanol producer payments, for +value added agricultural programs, for
continuation of the dairy development and profitability enhancement and dairy
business planning grant programs,+ for the northern crops institute, for a
livestock breeders association grant,+ for design of the agriculture and food
sciences academy and for family +farm security interest payment adjustments, to
the board of animal health +for control of paratuberculosis (Johne's disease)
and for the +investigation of the avian pneumovirus disease and to the
agricultural utilization +research institute, requiring allocation of a certain
percentage of the +pesticide reduction options appropriation to field crop
research; requiring the commissioner of agriculture to continue to ag in the
classroom +program; authorizing certain fund transfers; defining or redefining
certain +terms under the provisions regulating farmed cervidae, further
regulating the +slaughter of farmed cervidae relating to food; modifying certain
fencing and +identification requirements; authorizing the commissioner and the
board of animal +health to inspect farmed cervidae facilities, requiring payment
of an +inspection fee; requiring registration with the board to possess live
cervidae; +establishing a cervidae inspection account; authorizing cervidae in
violation to be +seized and destroyed by the commissioner of natural resources
(DNR); requiring +and providing for surveillance of farmed cervidae herds for
chronic +wasting disease (CWD); removing the responsibilities of the
commissioner of +agriculture relating to the control or eradication of noxious
weeds, transferring+ certain duties to the commissioner of natural resources or
county +agricultural inspectors; authorizing the commissioner of agriculture to
use +private water wells in the state to monitor for the presence of
agricultural +pesticides and other industrial chemicals in groundwater (ground
water) with owner +consent; requiring commissioner expenditure of a certain
minimum amount per +fiscal year from the pesticide regulatory account for the
waste pesticide +collection program; granting licensed physicians or
veterinarians access to +pesticide application information for patient
diagnosis, care or treatment +purposes; increasing food handlers license and
certain inspection fees; making +permanent certain cervidae import restrictions;
modifying certain requirements +for payments to agricultural societies or
associations for annual fairs; +modifying certain ethanol producer payment and
livestock feedlot permit +application notice requirements; exempting certain
animal feedlot facilities from environmental review requirements under certain
conditions; modifying+ the duties and reporting responsibilities of the
agricultural utilization+ research institute; modifying the definition of
qualified wind energy +conversion facility relating to ownership of the land for
renewable energy +production incentives and the definition of agricultural
products for +agricultural homestead property tax classification eligibility
purposes; requiring+ the environmental quality board (EQB) to conduct an
environmental review+ study of feedlots containing under a certain amount of
animal units and report+ to the legislature by a certain date; repealing beaver
damage control grant +program, certain authorized expenditures from the
pesticide regulatory +account, the prohibition on circuses during the state fair
and certain provisions +relating to ethanol producer payments including the
expiration date of the +program ARTICLE 4 - PLANT PROTECTION AND EXPORT
CERTIFICATION Authorizing and providing for commissioner of agriculture
regulation +of the introduction or establishment of plant pests threatening
+agricultural, forestry, or horticultural interests or the general ecological
+quality of the state; defining certain terms; specifying certain powers and
duties +of the commissioner, authorizing the adoption of rules; providing for
the +eradication, control and abatement of public nuisances and for commissioner
+marking of infested or infected areas, materials or articles upon the discovery
+of plant pests and establishment of quarantine restrictions; requiring and
+providing for commissioner creation of a tree care and trimming services
registry +for notice of forest pest infestations; regulating the shipment of
plant pests +and biological control agents into the state; requiring and
providing for+ the commissioner to establish an export certification program to
ensure +continued access to foreign and domestic markets, imposing certain fees,
+establishing a nursery and phytosanitary account in the agricultural fund for
+program funding purposes, authorizing certain cooperative agreements, providing
for +the issuance of phytosanitary and export certificates and for +inspections;
requiring the commissioner to conduct research and to establish a +program to
prevent the introduction or spread of invasive species and plant +pests into the
state, requiring preparation and maintenance of a terrestrial +invasive species
management plan and annual reports to the legislature; providing for +local pest
control programs, for mosquito abatement through establishment of +mosquito
abatement boards, authorizing property tax levies and the issuance of
certificates of indebtedness, specifying certain duties of the +commissioners of
agriculture and natural resources (DNR) and authorizing cooperation +between
local government units; providing for shade tree pest and disease +control,
authorizing commissioner of agriculture rules and establishment of +experimental
programs for sanitation or treatment of shade tree diseases, +providing for
removal of diseased or infested trees and for grants to local +government units
for funding purposes; exempting regulated exotic aquatic plants and +wild animal
species from the provisions ARTICLE 5 - NURSERY LAWProviding for protection of
the plant industry; defining certain +terms; specifying certain powers and
duties of the commissioner of +agriculture relating to the regulation and
control of the sale and distribution +of nursery stock, authorizing rules;
specifying certain nursery certificate +requirements; regulating certain fees;
requiring and providing for certain +inspections; regulating the storage and
shipment of nursery stock into the state; +specifying certain labeling and
advertising restrictions; providing for +commissioner enforcement of the
regulations; prohibiting conflicting local +regulations; providing for the
conservation of certain wildflowers ARTICLE 6 - INSPECTION AND
ENFORCEMENTRequiring and providing for the commissioner of agriculture to
+administer and enforce certain inspection and enforcement requirements;
imposing +civil liability for certain violations; providing for commissioner
+inspections, sampling and analysis, granting the commissioner certain property
+entry rights; authorizing and providing for inspection requests by persons
+suspecting certain violations, imposing inspection costs liability on
violators; +providing for enforcement of certain regulations by the commissioner
and county +attorneys and sheriffs; prohibiting false statements or records;
authorizing and +providing for certain administrative remedies and providing for
appeal of +commissioner orders; requiring the crediting of penalties, fees and
cost +reimbursements to the appropriate nursery and phytosanitary or seed
account; imposing +civil or criminal penalties for certain violations ARTICLE 7
� CONFORMIMG CHANGES Repealing certain existing provisions regulating plant
pests, shade +tree disease and the sale of nursery stock and a certain rule
regulating +charges under the seed law ARTICLE 8 � SEED LAWDefining or
redefining certain terms under the Minnesota seed law; +providing for the
regulation of wildflower seeds; modifying and expanding +certain labeling
requirements; eliminating certain declaration requirements +from recordkeeping
requirements; modifying and expanding certain unlawful +acts; eliminating
certain penalties; establishing certain permit categories+ and removing the
exemption from seed fee permit requirements for certain +low volume sellers;
establishing permit fees and requiring the commissioner of +agriculture to
develop a standardized testing method for labelers for hybrid seed+ corn
relative maturity determination purposes, providing for the +discontinuation of
registration and testing upon development of the standardized method;+ modifying
certain hybrid seed field corn variety registration requirements; +repealing
certain powers and duties of the commissioner ARTICLE 9 � CENTRAL IRON RANGE
SANITARY SEWER DISTRICTIncluding the city rather than township of Kinney in the
central iron+ range sanitary sewer district and modifying certain other
provisions of the+ law relating to employees, research studies, property rights
and +disposal, the comprehensive plan, removal of areas from the district,
obligations +issuance, tax levies and special assessments imposition and
contracting +authority, use of the system, budget preparation and current costs
allocation; imposing+ a local approval requirement ARTICLE 10 � ECONOMIC
DEVELOPMENT APPROPRIATIONS Appropriating money to the department of trade and
economic +development for Minnesota investment fund grants, for grants to Blue
Earth county for+ the rural advanced business facilitation program and to the
Mankato state +university rural policy and development center, for facilitation
of a joint +partnership with the university of Minnesota and the Mayo foundation
for research+ in biotechnology and medical genomics, for flood damage
rehabilitation +grants to local government units in the DR-1419 area, for
agricultural trade +promotion through the Minnesota trade office, for the job
skills partnership +and pathways programs, for grants to Lifetrack Resources for
immigrant/refugee +collaborative programs, to Twin Cities Rise for training for
hard to train +individuals, to the metropolitan economic development association
for minority +business development programs and to WomenVenture for women's
business +development programs, for the office of tourism for marketing
activities, for a +grant to the Mississippi River parkway commission for tourism
along the Great +River road and for the Minnesota film board, for displaced
homemakers, +opportunities industrialization center and youth intervention and
youthbuild +programs, for university of Minnesota Duluth workforce surveys
continuation, for +extended employment services for persons with severe
disabilities, for grants +to independent living centers, to the Minnesota
employment center for +deaf or hard of hearing people, for employment support
services to persons with +mental illness, for management of HIV/AIDS in the
workplace and for state +services for the blind, to Minnesota Technology, Inc.,
to the housing finance +agency for Roseau flood assistance, for the affordable
rental investment fund, +for family homeless prevention, for the economic
development and housing +challenge program, for rental assistance for the
mentally ill, for home +ownership education, counseling and training, for the
housing trust fund, for +Indian housing programs, for capacity building grants
and for the housing rehabilitation and accessibility program, to the
commissioner of +labor and industry for workforce development, for workers
compensation and for +workplace services, to the bureau of mediation services,
to the workers +compensation court of appeals, to the Minnesota historical
society for education +and outreach, for preservation and access, for the
Minnesota +international center, for the air national guard and military museums
and for Farmamerica, +to the board of the arts for grants programs and for
regional arts councils +and to the commissioner of children, families and
learning (CFL) for emergency +services grants and for transitional housing
programs; specifying certain +business plan adoption requirements of the
university of Minnesota and the Mayo +foundation relating to the joint
partnership and a priority for DTED +commissioner joint venture marketing
grants; establishing the budget base for the home +ownership assistance fund in
fiscal years 2006 and 2007; requiring the HFA to +avoid closing or restricting
public access to historic sites; providing for+ certain fund transfers and
cancellations and for the continued availability +of certain appropriations;
specifying certain match requirements; increasing the+ amount to be transferred
from the special compensation fund to the general fund+ by the commissioner of
finance; delaying the effective date for the transfer+ of certain insurance
fraud investigation responsibilities from the +department of labor and industry
to the department of commerce; approving certain +federal funds expenditure
requests; repealing the Minnesota humanities +commission ARTICLE 11 �
voluntary apprenticeship in the department of+ labor and industry with the
division of labor standards into the division of +labor standards and
apprenticeship; establishing the apprenticeship +registration account in the
special revenue fund for deposit of the annual +registration fee to be imposed
on sponsors for apprentices in the training program; +increasing the fines for
certain occupational safety and health violations; +requiring the commissioner
of labor and industry to temporarily impose a surcharge +on certain boiler
inspection fees and to convene a working group to study the +medical cost
drivers of the workers compensation program and to report findings to+ the
workers compensation advisory council by a certain date, requiring a +subsequent
advisory council report to the legislature ARTICLE 12 � DEPARTMENT OF TRADE
rehabilitation council for the blind, the state +rehabilitation council and the
statewide independent living council to conduct +meetings of members by
telephone or other electronic means under certain +conditions; increasing the
marriage license application fee to fund the displaced+ homemaker program under
the department of economic security; increasing the +workforce enhancement fee
for deposit in the workforce development fund, +authorizing the commissioner of
trade and economic development (DTED) to further +increase the fee under certain
dislocated worker program shortfall conditions ARTICLE 13 � DEPARTMENT OF
involvement of the director of the Minnesota trade +division in the department
of trade and economic development in certain +agriculture promotion activities;
increasing the maximum amount allowed to be +spent from the petroleum tank
release cleanup fund (petrofund) by the DTED +commissioner for administration of
the contamination cleanup grant program; +expanding the mission of the
department of trade and economic development to +improvement of the quality of
existing jobs and the purposes of certain business +loan programs to job
enhancement, defining job enhancement; modifying the +allocation of challenge
grant funds to regional organizations and expanding +authorized uses; modifying
the administration of revolving funds, limiting the amount +of assistance per
project and requiring projects supported through the +challenge grant program to
be used principally to benefit low income persons, +eliminating certain match
and reporting requirements; modifying the definition of+ Indian for loan making
purposes; increasing the maximum Minnesota investment+ fund grant and creating a
Minnesota investment revolving loan account, +requiring grant money repaid to
the state to be credited to the account in lieu+ of the general fund,
appropriating money in the account to the commissioner; authorizing the
commissioner to delay Minnesota investment fund loan +repayments under certain
project financial difficulties conditions; providing +for job training program
grants for placement and retention purposes, +specifying program qualification
requirements and duties and defining qualified +graduate for placement grant
purposes; authorizing the commissioner to +continue to accept loans for
enrollment in the capital access program without +full premium payment;
modifying certain rural rehabilitation revolving account administration
requirements, restricting the withdrawal of funds for administrative purposes;
expanding the content requirements for +business subsidy agreements relating to
wage goals and modifying the frequency requirement for the compilation and
publication of certain reports; +clarifying the purposes of the job skills
partnership program and authorizing +the partnership to provide funds to train
certain low income individuals, authorizing the use of a certain percentage of
the grant for +preemployment training and eliminating the annual reporting
requirement of the job +skills partnership board under the pathways program;
basing the allocation +of dislocated worker program grants on actual
collections, modifying the+ annual deadline for allocation determinations; and
increasing the amount +allowed to be spent for administrative costs; requiring
the commissioner to +implement certain rapid response activities; modifying the
definition of low income +area for urban initiative board grant purposes;
suspending mortgage credit +certificate aid; requiring the governor's workforce
development council to study +workforce services areas for efficiency or service
quality delivery improvement determination and to develop recommendations for
legislative changes +to improve the efficiency of the dislocated worker program
and report to the +legislature by a certain date; repealing microenterprise and
local government +unit loans and certain cooperation requirements under the
challenge grant +program, the tourism loan account, Advantage Minnesota, Inc.
and the world trade +center ARTICLE 14 � MOTOR VEHICLE INSTALLMENT
SALESClarifying certain limits on finance charges for motor vehicle retail
installment sales and the content requirements for retail installment+ contracts
relating to the charges; increasing the limit on document +administration fees
includable in the cash sale price; changing the phrase intentional +failure to
comply to fraudulent violation of relating to recovery for criminal +contract
violations ARTICLE 15 � MISCELLANEOUSClarifying the application of the
classification as public data of +the names and addresses of applicants and
recipients of certain benefits, aid +or assistance to corporations and
partnerships; expanding eligibility +for state paid insurance and benefits to
employees of supporting organizations +of Minnesota Technology, Inc.;
eliminating the mandatory membership +requirements of the Minnesota Technology,
Inc. board of directors, authorizing +setting of membership requirements in the
bylaws of the corporation; sunsetting +the project outreach advisory committee;
eliminating the mandatory +content requirements for the Minnesota technology
account in the special +revenue fund; authorizing local government units to
impose annual license fees for +the retail sale of certain legal fireworks,
specifying certain limits; +transferring the responsibilities of the Indian
business loan program from the Indian +affairs council to the department of
trade and economic development, +authorizing certain agreements; excluding
certain smaller farm labor manufactured+ home housing areas from regulation as
manufactured home parks under +certain conditions; requiring the commissioners
of human services, DTED, the +housing finance agency (HFA) and corrections to
convene a working group to +develop and implement strategies to foster the
development of supportive housing +options for long term homelessness,
specifying certain membership +representation requirements and duties and
requiring a joint report to the +legislature by a certain date (mk, ja)