1.1                          A bill for an act 
  1.2             relating to state government; appropriating money for 
  1.3             environmental, natural resources, agricultural, 
  1.4             economic development, and housing purposes; 
  1.5             establishing and modifying certain programs; providing 
  1.6             for regulation of certain activities and practices; 
  1.7             providing for accounts, assessments, and fees; 
  1.8             amending Minnesota Statutes 2002, sections 13.462, 
  1.9             subdivision 2; 16A.531, subdivision 1, by adding a 
  1.10            subdivision; 17.03, subdivision 6; 17.101, subdivision 
  1.11            1; 17.451; 17.452, subdivisions 8, 10, 11, 12, 13, by 
  1.12            adding subdivisions; 17.4988; 18.78; 18.79, 
  1.13            subdivisions 2, 3, 5, 6, 9, 10; 18.81, subdivisions 2, 
  1.14            3; 18.84, subdivision 3; 18.86; 18B.10; 18B.26, 
  1.15            subdivision 3; 18B.37, by adding a subdivision; 21.81, 
  1.16            subdivision 8, by adding subdivisions; 21.82; 21.83, 
  1.17            subdivision 2; 21.84; 21.85, subdivisions 11, 13; 
  1.18            21.86; 21.88; 21.89, subdivisions 2, 4; 21.90, 
  1.19            subdivisions 2, 3; 21.901; 28A.08, subdivision 3; 
  1.20            28A.085, subdivision 1; 28A.09, subdivision 1; 32.394, 
  1.21            subdivisions 8, 8b, 8d; 35.155; 38.02, subdivisions 1, 
  1.22            3; 41A.036, subdivision 2; 41A.09, subdivisions 2a, 
  1.23            3a; 43A.24, subdivision 2; 47.59, subdivision 4a; 
  1.24            84.027, subdivision 13; 84.029, subdivision 1; 84.085, 
  1.25            subdivision 1; 84.091, subdivisions 2, 3; 84.0911; 
  1.26            84.788, subdivisions 2, 3; 84.798, subdivision 3; 
  1.27            84.803, subdivision 2; 84.92, subdivision 8; 84.922, 
  1.28            subdivisions 2, 5; 84.926; 84.927, subdivision 2; 
  1.29            84.928, subdivision 1; 84A.02; 84A.21; 84A.32, 
  1.30            subdivision 1; 84A.55, subdivision 8; 84D.14; 85.04; 
  1.31            85.052, subdivision 3; 85.053, subdivision 1; 85.055, 
  1.32            subdivision 1; 85A.02, subdivision 17; 86B.415, 
  1.33            subdivision 8; 86B.870, subdivision 1; 97A.045, by 
  1.34            adding a subdivision; 97A.071, subdivision 2; 97A.075, 
  1.35            subdivisions 1, 2, 4; 97A.105, subdivision 1; 97A.401, 
  1.36            subdivision 3; 97A.441, subdivision 7, by adding a 
  1.37            subdivision; 97A.475, subdivisions 2, 3, 4, 5, 10, 15, 
  1.38            26, 27, 28, 29, 30, 38, 39, 40, 42, by adding a 
  1.39            subdivision; 97A.485, subdivision 6; 97A.505, by 
  1.40            adding subdivisions; 97B.311; 103B.231, subdivision 
  1.41            3a; 103B.305, subdivision 3, by adding subdivisions; 
  1.42            103B.311, subdivisions 1, 2, 3, 4; 103B.315, 
  1.43            subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 
  1.44            103B.325, subdivisions 1, 2; 103B.331, subdivisions 1, 
  1.45            2, 3; 103B.3363, subdivision 3; 103B.3369, 
  1.46            subdivisions 2, 4, 5, 6; 103B.355; 103D.341, 
  2.1             subdivision 2; 103D.345, by adding a subdivision; 
  2.2             103D.405, subdivision 2; 103D.537; 103G.005, 
  2.3             subdivision 10e; 103G.222, subdivisions 1, 3; 
  2.4             103G.2242, by adding subdivisions; 103G.271, 
  2.5             subdivisions 6, 6a; 103G.611, subdivision 1; 103G.615, 
  2.6             subdivision 2; 115.03, by adding subdivisions; 
  2.7             115.073; 115.55, subdivision 1; 115.56, subdivision 4; 
  2.8             115A.0716, subdivision 3; 115A.54, by adding a 
  2.9             subdivision; 115A.545, subdivision 2; 115A.908, 
  2.10            subdivision 2; 115A.919, subdivision 1; 115A.9651, 
  2.11            subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 
  2.12            115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, 
  2.13            subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, 
  2.14            subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, 
  2.15            subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 
  2.16            4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 
  2.17            2; 115B.421; 115B.445; 115B.48, subdivision 2; 
  2.18            115B.49, subdivisions 1, 3; 115C.02, subdivision 14; 
  2.19            115C.08, subdivision 4; 115C.09, subdivision 3, by 
  2.20            adding subdivisions; 115C.11, subdivision 1; 115C.13; 
  2.21            115D.12, subdivision 2; 116.03, subdivision 2; 116.07, 
  2.22            subdivisions 4d, 4h, 7a; 116.073, subdivisions 1, 2; 
  2.23            116.46, by adding subdivisions; 116.49, by adding 
  2.24            subdivisions; 116.50; 116.994; 116C.834, subdivision 
  2.25            1; 116D.04, subdivision 2a; 116J.011; 116J.411, by 
  2.26            adding a subdivision; 116J.415, subdivisions 1, 2, 4, 
  2.27            5, 7, 11; 116J.553, subdivision 2; 116J.554, 
  2.28            subdivision 2; 116J.64, subdivision 2; 116J.8731, 
  2.29            subdivisions 1, 4, 5, 7; 116J.8764, by adding a 
  2.30            subdivision; 116J.955, subdivision 2; 116J.966, 
  2.31            subdivision 2; 116J.994, subdivisions 4, 9, 10; 
  2.32            116J.995; 116L.02; 116L.04, subdivisions 1, 1a; 
  2.33            116L.12, subdivision 4; 116L.17, subdivisions 2, 3, 8, 
  2.34            by adding a subdivision; 116M.14, subdivision 4; 
  2.35            116O.03, subdivision 2; 116O.09, subdivisions 1, 1a, 
  2.36            2; 116O.091, subdivision 7; 116O.12; 116P.02, 
  2.37            subdivision 1; 116P.05, subdivision 2; 116P.09, 
  2.38            subdivisions 4, 5, 7; 116P.10; 116P.14, subdivisions 
  2.39            1, 2; 168.66, subdivision 14; 168.71, subdivision 2; 
  2.40            168.75; 175.16, subdivision 1; 177.26, subdivisions 1, 
  2.41            2; 178.01; 178.03, subdivisions 1, 2; 181.9435, 
  2.42            subdivision 1; 181.9436; 182.667, subdivision 2; 
  2.43            216C.41, subdivision 1; 248.10; 268A.02, by adding a 
  2.44            subdivision; 273.13, subdivision 23; 297A.94; 297F.10, 
  2.45            subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, 
  2.46            subdivision 1; 469.175, subdivision 7; 473.843, 
  2.47            subdivision 2; 473.844, subdivision 1; 473.845, 
  2.48            subdivisions 1, 3, 7, 8; 473.846; 517.08, subdivisions 
  2.49            1b, 1c; 624.20, subdivision 1; Laws 2001, First 
  2.50            Special Session chapter 4, article 2, section 31; Laws 
  2.51            2002, chapter 220, article 13, section 9, subdivision 
  2.52            2, as amended; Laws 2002, chapter 331, section 19; 
  2.53            Laws 2002, chapter 382, article 2, section 1, 
  2.54            subdivisions 2, 5; Laws 2002, chapter 382, article 2, 
  2.55            section 2, subdivisions 1, 2; Laws 2002, chapter 382, 
  2.56            article 2, section 3, subdivision 4; Laws 2002, 
  2.57            chapter 382, article 2, section 4, subdivisions 6, 8, 
  2.58            10; Laws 2002, chapter 382, article 2, section 5, 
  2.59            subdivision 1, by adding a subdivision; Laws 2002, 
  2.60            382, article 2, section 6; Laws 2002, 382, article 2, 
  2.61            section 8, subdivision 3; Laws 2002, 382, article 2, 
  2.62            section 9; Laws 2002, 382, article 2, section 10, 
  2.63            subdivision 2; Laws 2002, 382, article 2, section 11; 
  2.64            Laws 2002, 382, article 2, section 12, subdivision 5; 
  2.65            Laws 2002, 382, article 2, section 13, subdivision 3; 
  2.66            Laws 2002, 382, article 2, section 16; proposing 
  2.67            coding for new law in Minnesota Statutes, chapters 21; 
  2.68            84; 84B; 103B; 115; 115A; 115C; 116; 116J; 178; 
  2.69            proposing coding for new law as Minnesota Statutes, 
  2.70            chapters 18G; 18H; 18J; repealing Minnesota Statutes 
  2.71            2002, sections 1.31; 1.32; 13.598, subdivision 2; 
  3.1             17.03, subdivision 8; 17.110; 17.23; 18.012; 18.021; 
  3.2             18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 
  3.3             18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 
  3.4             18.081; 18.091; 18.101; 18.111; 18.121; 18.131; 
  3.5             18.141; 18.151; 18.161; 18.331; 18.332; 18.333; 
  3.6             18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 18.48; 
  3.7             18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 
  3.8             18.55; 18.56; 18.57; 18.59; 18.60; 18.61; 18.85; 
  3.9             18B.05, subdivision 2; 21.85, subdivisions 1, 3, 4, 5, 
  3.10            6, 7, 8, 9; 21.90; 37.26; 41A.09, subdivisions 1, 5a, 
  3.11            6, 7, 8; 84.0887; 84.98; 84.99; 97A.105, subdivisions 
  3.12            3a, 3b; 103B.311, subdivisions 5, 6, 7; 103B.315, 
  3.13            subdivisions 1, 2, 3, 7; 103B.321, subdivision 3; 
  3.14            103B.3369, subdivision 3; 115B.02, subdivision 1a; 
  3.15            115B.42, subdivision 1; 116J.411, subdivision 3; 
  3.16            116J.415, subdivisions 6, 9, 10; 116J.617, 
  3.17            subdivisions 5, 6; 116J.693; 116J.9665; 138.91; 
  3.18            297H.13, subdivisions 3, 4; 325E.112, subdivision 3; 
  3.19            325E.113; 473.845, subdivision 4; Minnesota Rules, 
  3.20            parts 1510.0281; 9300.0010; 9300.0020; 9300.0030; 
  3.21            9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 
  3.22            9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 
  3.23            9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 
  3.24            9300.0190; 9300.0200; 9300.0210. 
  3.25  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  3.26                             ARTICLE 1 
  3.27                 ENVIRONMENT AND NATURAL RESOURCES 
  3.28  Section 1.  [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 
  3.29     The sums shown in the columns marked "APPROPRIATIONS" are 
  3.30  appropriated from the general fund, or another named fund, to 
  3.31  the agencies and for the purposes specified in this act, to be 
  3.32  available for the fiscal years indicated for each purpose.  The 
  3.33  figures "2004" and "2005," where used in this act, mean that the 
  3.34  appropriation or appropriations listed under them are available 
  3.35  for the year ending June 30, 2004, or June 30, 2005, 
  3.36  respectively.  The term "the first year" means the year ending 
  3.37  June 30, 2004, and the term "the second year" means the year 
  3.38  ending June 30, 2005. 
  3.39                          SUMMARY BY FUND
  3.40                            2004          2005           TOTAL
  3.41  General            $  141,347,000 $  141,116,000 $  282,463,000
  3.42  State Government
  3.43  Special Revenue            48,000         48,000         96,000
  3.44  Environmental          38,806,000     38,806,000     77,612,000
  3.45  Natural  
  3.46  Resources              52,501,000     50,161,000    102,662,000
  3.47  Game and Fish          82,350,000     82,292,000    164,642,000
  3.48  Remediation            11,504,000     11,504,000     23,008,000
  4.1   Land and Water
  4.2   Conservation Account    2,000,000        -0-          2,000,000
  4.3   Great Lakes
  4.4   Protection Account         56,000        -0-             56,000
  4.5   Environment and
  4.6   Natural Resources Trust
  4.7   Fund                   15,050,000     15,050,000     30,100,000
  4.8   Oil Overcharge            519,000        -0-            519,000
  4.9   Total                 344,181,000    338,977,000    683,158,000
  4.10  Sec. 2.  POLLUTION CONTROL    
  4.11  AGENCY  
  4.12  Subdivision 1.  Total           
  4.13  Appropriation                        $52,979,000   $52,979,000
  4.14                Summary by Fund
  4.15  General              14,715,000    14,715,000
  4.16  State Government   
  4.17  Special Revenue          48,000        48,000
  4.18  Environmental        26,812,000    26,812,000
  4.19  Remediation          11,404,000    11,404,000
  4.20  The amounts that may be spent from this 
  4.21  appropriation for each program are 
  4.22  specified in the following subdivisions.
  4.23  Subd. 2.  Water 
  4.24      19,456,000     19,456,000
  4.25                Summary by Fund
  4.26  General              10,467,000    10,467,000
  4.27  State Government
  4.28  Special Revenue          48,000        48,000
  4.29  Environmental         8,941,000     8,941,000
  4.30  $2,348,000 the first year and 
  4.31  $2,348,000 the second year are for the 
  4.32  clean water partnership program.  Any 
  4.33  balance remaining in the first year 
  4.34  does not cancel and is available for 
  4.35  the second year of the biennium. 
  4.36  $2,324,000 the first year and 
  4.37  $2,324,000 the second year are for 
  4.38  grants for county administration of the 
  4.39  feedlot permit program.  Grants must be 
  4.40  matched with a combination of local 
  4.41  cash and/or in-kind contributions. 
  4.42  Counties receiving these grants shall 
  4.43  submit an annual report to the 
  4.44  pollution control agency regarding 
  4.45  activities conducted under the grant, 
  4.46  expenditures made, and local match 
  4.47  contributions.  Funding shall be given 
  4.48  to counties that have requested and 
  4.49  received delegation from the pollution 
  4.50  control agency for processing of animal 
  4.51  feedlot permit applications under 
  5.1   Minnesota Statutes, section 116.07, 
  5.2   subdivision 7.  The first year, 
  5.3   delegated counties shall be eligible to 
  5.4   receive an amount of either: 
  5.5   (1) $50 multiplied by the number of 
  5.6   feedlots with greater than ten animal 
  5.7   units as reported by the county in 
  5.8   their annual report for registration 
  5.9   data developed in accordance to 
  5.10  Minnesota Rules, part 7020.0350, or 
  5.11  Minnesota Statutes, section 116.072; or 
  5.12  (2) $80 multiplied by the number of 
  5.13  feedlots with greater than ten animal 
  5.14  units as reported by the county in 
  5.15  their annual report and determined by a 
  5.16  level 2 or level 3 feedlot inventory 
  5.17  conducted in accordance with the 
  5.18  "Feedlot Inventory Guidebook" published 
  5.19  by the board of water and soil 
  5.20  resources, dated June 1991.  
  5.21  The second year, delegated counties 
  5.22  shall be eligible to receive an amount 
  5.23  of either: 
  5.24  (1) $50 multiplied by the number of 
  5.25  feedlots with greater than ten animal 
  5.26  units as reported to the agency under 
  5.27  the terms of aggregate reporting as 
  5.28  defined in Minnesota Statutes, section 
  5.29  116.0712; or 
  5.30  (2) $80 multiplied by the number of 
  5.31  feedlots with greater than ten animal 
  5.32  units based on the agency's statewide 
  5.33  database for registration in accordance 
  5.34  with Minnesota Rules, part 7020.0350.  
  5.35  By June 30, 2004, the agency, in 
  5.36  consultation with delegated counties, 
  5.37  shall develop a new funding formula 
  5.38  incorporating the following criteria at 
  5.39  a minimum: 
  5.40  (i) fee multiplier per feedlot as 
  5.41  defined by the state registration 
  5.42  program (greater than 50 animal units 
  5.43  in nonshoreland areas, and ten to 50 
  5.44  animal units in shoreland areas); 
  5.45  (ii) use of the state database for 
  5.46  determination of the feedlots in item 
  5.47  (i); and 
  5.48  (iii) incentive-based payments for 
  5.49  counties exceeding minimum program 
  5.50  requirements based on program 
  5.51  priorities. 
  5.52  To be eligible for a grant, a county 
  5.53  must be delegated by December 31 of the 
  5.54  year prior to the year in which awards 
  5.55  are distributed.  At a minimum, 
  5.56  delegated counties are eligible to 
  5.57  receive a grant of $7,500 per year.  To 
  5.58  receive the award, the county must 
  5.59  receive approval by the pollution 
  5.60  control agency of the county feedlot 
  5.61  work plan and annual county feedlot 
  5.62  officer report.  Feedlots that have 
  6.1   been inactive for five or more years 
  6.2   may not be counted in determining the 
  6.3   amount of the grant. 
  6.4   Any money remaining after the first 
  6.5   year is available for the second year.  
  6.6   Any money remaining in either year is 
  6.7   available for distribution to all 
  6.8   counties on a competitive basis through 
  6.9   the challenge grant process for the 
  6.10  development of delegated county feedlot 
  6.11  programs or to enhance existing 
  6.12  delegated county feedlot programs, 
  6.13  information and education, or technical 
  6.14  assistance efforts to reduce 
  6.15  feedlot-related pollution hazards. 
  6.16  $335,000 the first year and $335,000 
  6.17  the second year are for community 
  6.18  technical assistance and education, 
  6.19  including grants and technical 
  6.20  assistance to communities for local and 
  6.21  basinwide water quality protection. 
  6.22  $405,000 the first year and $405,000 
  6.23  the second year are for individual 
  6.24  sewage treatment system (ISTS) 
  6.25  administration and/or grants.  Of this 
  6.26  amount, $86,000 in each year is for 
  6.27  assistance to local units of government 
  6.28  through competitive grant programs for 
  6.29  ISTS program development.  Any 
  6.30  unexpended balance in the first year 
  6.31  does not cancel but is available in the 
  6.32  second year. 
  6.33  $480,000 the first year and $480,000 
  6.34  the second year are from the 
  6.35  environmental fund to address the need 
  6.36  for increased activity in the areas of 
  6.37  new technology review, technical 
  6.38  assistance for local governments, and 
  6.39  enforcement under Minnesota Statutes, 
  6.40  sections 115.55 to 115.58, and to 
  6.41  complete the requirements of sections 
  6.42  164 and 165.  Of this amount, $48,000 
  6.43  each year is for administration of 
  6.44  individual septic tank fees, as 
  6.45  provided in section 124. 
  6.46  By February 1, 2004, the commissioner 
  6.47  shall report to the environment and 
  6.48  natural resources finance committees of 
  6.49  the house and senate on the status of 
  6.50  discussions with stakeholders on 
  6.51  strategies to implement the impaired 
  6.52  waters program and any specific 
  6.53  recommendations on funding options to 
  6.54  address the needs documented in the 
  6.55  agency's report to the legislature, 
  6.56  "Minnesota's Impaired Waters," dated 
  6.57  March 2003. 
  6.58  Notwithstanding Minnesota Statutes, 
  6.59  section 16A.28, the appropriations 
  6.60  encumbered under contract on or before 
  6.61  June 30, 2005, for clean water 
  6.62  partnership, ISTS, Minnesota River, and 
  6.63  local and basinwide water quality 
  6.64  protection grants in this subdivision 
  6.65  are available until June 30, 2007.  
  7.1   Subd. 3.  Air
  7.2        8,770,000      8,765,000
  7.3                 Summary by Fund
  7.4   Environmental         8,770,000     8,765,000
  7.5   Up to $150,000 the first year and 
  7.6   $150,000 the second year may be 
  7.7   transferred to the environmental fund 
  7.8   for the small business environmental 
  7.9   improvement loan program established in 
  7.10  Minnesota Statutes, section 116.993. 
  7.11  $200,000 the first year and $200,000 
  7.12  the second year are from the 
  7.13  environmental fund for a monitoring 
  7.14  program under Minnesota Statutes, 
  7.15  section 116.454. 
  7.16  $125,000 the first year and $125,000 
  7.17  the second year are from the 
  7.18  environmental fund for monitoring 
  7.19  ambient air for hazardous pollutants in 
  7.20  the metropolitan area.  
  7.21  Subd. 4.  Land 
  7.22      18,469,000     18,469,000
  7.23                Summary by Fund
  7.24  Environmental         7,065,000     7,065,000
  7.25  Remediation          11,404,000    11,404,000
  7.26  All money for environmental response, 
  7.27  compensation, and compliance in the 
  7.28  remediation fund not otherwise 
  7.29  appropriated is appropriated to the 
  7.30  commissioners of the pollution control 
  7.31  agency and the department of 
  7.32  agriculture for purposes of Minnesota 
  7.33  Statutes, section 115B.20, subdivision 
  7.34  2, clauses (1), (2), (3), (6), and 
  7.35  (7).  At the beginning of each fiscal 
  7.36  year, the two commissioners shall 
  7.37  jointly submit an annual spending plan 
  7.38  to the commissioner of finance that 
  7.39  maximizes the utilization of resources 
  7.40  and appropriately allocates the money 
  7.41  between the two agencies.  This 
  7.42  appropriation is available until June 
  7.43  30, 2005. 
  7.44  $574,000 the first year and $574,000 
  7.45  the second year are from the petroleum 
  7.46  tank fund to be transferred to the 
  7.47  remediation fund for purposes of the 
  7.48  leaking underground storage tank 
  7.49  program to protect the land. 
  7.50  $200,000 the first year and $200,000 
  7.51  the second year are from the 
  7.52  remediation fund to be transferred to 
  7.53  the department of health for private 
  7.54  water supply monitoring and health 
  7.55  assessment costs in areas contaminated 
  7.56  by unpermitted mixed municipal solid 
  7.57  waste disposal facilities. 
  8.1   Subd. 5.  Multimedia 
  8.2        4,301,000      4,306,000
  8.3                 Summary by Fund
  8.4   General               2,265,000     2,265,000
  8.5   Environmental         2,036,000     2,041,000
  8.6   Subd. 6.  Administrative Support
  8.7        1,983,000      1,983,000
  8.8   Sec. 3.  OFFICE OF ENVIRONMENTAL 
  8.9   ASSISTANCE                            23,754,000     23,754,000
  8.10                Summary by Fund
  8.11  General              11,760,000    11,760,000
  8.12  Environmental        11,994,000    11,994,000
  8.13  $12,500,000 each year is for SCORE 
  8.14  block grants to counties.  Of that 
  8.15  amount, $7,060,000 is from the general 
  8.16  fund and $5,440,000 is from the 
  8.17  environmental fund. 
  8.18  Any unencumbered grant and loan 
  8.19  balances in the first year do not 
  8.20  cancel but are available for grants and 
  8.21  loans in the second year. 
  8.22  All money deposited in the 
  8.23  environmental fund for the metropolitan 
  8.24  solid waste landfill fee in accordance 
  8.25  with Minnesota Statutes, section 
  8.26  473.843, and not otherwise 
  8.27  appropriated, is appropriated to the 
  8.28  office of environmental assistance for 
  8.29  the purposes of Minnesota Statutes, 
  8.30  section 473.844. 
  8.31  $119,000 the first year and $119,000 
  8.32  the second year are for environmental 
  8.33  assistance grants or loans under 
  8.34  Minnesota Statutes, section 115A.0716. 
  8.35  Notwithstanding Minnesota Statutes, 
  8.36  section 16A.28, the appropriations 
  8.37  encumbered under contract on or before 
  8.38  June 30, 2005, for environmental 
  8.39  assistance grants awarded under 
  8.40  Minnesota Statutes, section 115A.0716, 
  8.41  and for technical and research 
  8.42  assistance under Minnesota Statutes, 
  8.43  section 115A.152, technical assistance 
  8.44  under Minnesota Statutes, section 
  8.45  115A.52, and pollution prevention 
  8.46  assistance under Minnesota Statutes, 
  8.47  section 115D.04, are available until 
  8.48  June 30, 2006.  
  8.49  $4,000,000 each year is from the 
  8.50  environmental fund for mixed municipal 
  8.51  solid waste processing payments under 
  8.52  Minnesota Statutes, section 115A.545. 
  8.53  The office of environmental assistance 
  8.54  shall, in consultation with 
  9.1   stakeholders, develop and report to the 
  9.2   legislative finance and policy 
  9.3   committees with jurisdiction over the 
  9.4   environment on an incentive-based 
  9.5   distribution approach for SCORE funding 
  9.6   to replace the allocation formula in 
  9.7   Minnesota Statutes, section 115A.557, 
  9.8   subdivision 2.  The office must submit 
  9.9   preliminary recommendations by January 
  9.10  15, 2004, and final recommendations by 
  9.11  January 15, 2005. 
  9.12  Sec. 4.  ZOOLOGICAL BOARD              6,681,000      6,681,000
  9.13                Summary by Fund
  9.14  General                 6,557,000      6,557,000
  9.15  Natural Resources         124,000        124,000
  9.16  $124,000 the first year and $124,000 
  9.17  the second year are from the natural 
  9.18  resources fund from the revenue 
  9.19  deposited under Minnesota Statutes, 
  9.20  section 297A.94, paragraph (e), clause 
  9.21  (5).  This is a onetime appropriation. 
  9.22  Sec. 5.  NATURAL RESOURCES 
  9.23  Subdivision 1.  Total       
  9.24  Appropriation                        226,120,000    223,492,000 
  9.25                Summary by Fund
  9.26  General              91,783,000    91,553,000
  9.27  Natural Resources    51,887,000    49,547,000
  9.28  Game and Fish        82,350,000    82,292,000
  9.29  Remediation             100,000       100,000
  9.30  The amounts that may be spent from this 
  9.31  appropriation for each program are 
  9.32  specified in the following subdivisions.
  9.33  Subd. 2.  Land and Mineral Resources
  9.34  Management
  9.35       7,494,000      7,494,000 
  9.36                Summary by Fund
  9.37  General               6,451,000     6,451,000
  9.38  Natural Resources       156,000       156,000
  9.39  Game and Fish           887,000       887,000
  9.40  $275,000 the first year and $275,000 
  9.41  the second year are for iron ore 
  9.42  cooperative research, of which $137,500 
  9.43  the first year and $137,500 the second 
  9.44  year are available only as matched by 
  9.45  $1 of nonstate money for each $1 of 
  9.46  state money.  The match may be cash or 
  9.47  in-kind.  Any unencumbered balance 
  9.48  remaining in the first year does not 
  9.49  cancel but is available for the second 
  9.50  year. 
 10.1   $172,000 the first year and $172,000 
 10.2   the second year are for mineral 
 10.3   diversification. 
 10.4   $86,000 the first year and $86,000 the 
 10.5   second year are for minerals 
 10.6   cooperative environmental research, of 
 10.7   which $43,000 the first year and 
 10.8   $43,000 the second year are available 
 10.9   only as matched by $1 of nonstate money 
 10.10  for each $1 of state money.  The match 
 10.11  may be cash or in-kind.  Any 
 10.12  unencumbered balance remaining in the 
 10.13  first year does not cancel but is 
 10.14  available for the second year. 
 10.15  Subd. 3.  Water Resources Management
 10.16      11,446,000     10,736,000 
 10.17                Summary by Fund
 10.18  General              11,186,000    10,456,000
 10.19  Natural Resources       280,000       280,000
 10.20  $108,000 the first year is for a grant 
 10.21  to the Lewis and Clark joint powers 
 10.22  board to acquire land for, and to 
 10.23  predesign, design, construct, furnish, 
 10.24  and equip a rural water system to serve 
 10.25  southwestern Minnesota, and to pay 
 10.26  additional project development costs 
 10.27  that are approved for federal 
 10.28  cost-share payment by the United States 
 10.29  Bureau of Reclamation, and is available 
 10.30  until spent.  This appropriation is 
 10.31  available when matched by $8 of federal 
 10.32  money and $1 of local money for each $1 
 10.33  of state money. 
 10.34  $210,000 the first year and $210,000 
 10.35  the second year are for grants 
 10.36  associated with the implementation of 
 10.37  the Red River mediation agreement. 
 10.38  $50,000 the first year is for analysis 
 10.39  of groundwater flows and aquifer 
 10.40  recharge in the state in order to 
 10.41  understand whether the appropriation of 
 10.42  groundwater is sustainable. 
 10.43  $625,000 the first year is a onetime 
 10.44  appropriation from the general fund for 
 10.45  grants to local units of government in 
 10.46  the area included in DR-1419 for the 
 10.47  state share of flood hazard mitigation 
 10.48  grants for flood damage reduction 
 10.49  studies, planning, engineering, and 
 10.50  publicly owned capital improvements to 
 10.51  prevent or alleviate flood damage under 
 10.52  Minnesota Statutes, section 103F.161.  
 10.53  This appropriation is available until 
 10.54  expended.  
 10.55  $65,000 the first year and $65,000 the 
 10.56  second year are for a grant to the 
 10.57  Mississippi headwaters board for up to 
 10.58  50 percent of the cost of implementing 
 10.59  the comprehensive plan for the upper 
 10.60  Mississippi within areas under its 
 11.1   jurisdiction.  
 11.2   $5,000 the first year and $5,000 the 
 11.3   second year are for payment to the 
 11.4   Leech Lake Band of Chippewa Indians to 
 11.5   implement its portion of the 
 11.6   comprehensive plan for the upper 
 11.7   Mississippi.  
 11.8   $125,000 the first year and $125,000 
 11.9   the second year are for the 
 11.10  construction of ring dikes under 
 11.11  Minnesota Statutes, section 103F.161.  
 11.12  The ring dikes may be publicly or 
 11.13  privately owned.  Any unencumbered 
 11.14  balance does not cancel at the end of 
 11.15  the first year and is available for the 
 11.16  second year. 
 11.17  Subd. 4.  Forest Management  
 11.18      33,066,000     33,066,000 
 11.19                Summary by Fund
 11.20  General              32,824,000    32,824,000
 11.21  Game and Fish           242,000       242,000
 11.22  $7,650,000 the first year and 
 11.23  $7,650,000 the second year are for 
 11.24  prevention, presuppression, and 
 11.25  suppression costs of emergency 
 11.26  firefighting and other costs incurred 
 11.27  under Minnesota Statutes, section 
 11.28  88.12.  If the appropriation for either 
 11.29  year is insufficient to cover all costs 
 11.30  of presuppression and suppression, the 
 11.31  amount necessary to pay for these costs 
 11.32  during the biennium is appropriated 
 11.33  from the general fund.  By November 15 
 11.34  of each year, the commissioner of 
 11.35  natural resources shall submit a report 
 11.36  to the chairs of the house of 
 11.37  representatives ways and means 
 11.38  committee, the senate finance 
 11.39  committee, the environment and 
 11.40  agriculture budget division of the 
 11.41  senate finance committee, and the house 
 11.42  of representatives environment and 
 11.43  natural resources finance committee, 
 11.44  identifying all firefighting costs 
 11.45  incurred and reimbursements received in 
 11.46  the prior fiscal year.  The report must 
 11.47  be in a format agreed to by the house 
 11.48  environment finance committee chair, 
 11.49  the senate environment budget division 
 11.50  chair, the department, and the 
 11.51  department of finance.  These 
 11.52  appropriations may not be transferred.  
 11.53  Any reimbursement of firefighting 
 11.54  expenditures made to the commissioner 
 11.55  from any source other than federal 
 11.56  mobilizations shall be deposited into 
 11.57  the general fund. 
 11.58  $730,000 the first year and $730,000 
 11.59  the second year are for the forest 
 11.60  resources council for implementation of 
 11.61  the Sustainable Forest Resources Act. 
 12.1   $350,000 the first year and $350,000 
 12.2   the second year are for the FORIST 
 12.3   timber management information system 
 12.4   and for increased forestry management. 
 12.5   $242,000 the first year and $242,000 
 12.6   the second year are from the game and 
 12.7   fish fund to implement ecological 
 12.8   classification systems (ECS) standards 
 12.9   on forested landscapes.  This is a 
 12.10  onetime appropriation from revenue 
 12.11  deposited to the game and fish fund 
 12.12  under Minnesota Statutes, section 
 12.13  297A.94, paragraph (e), clause (1). 
 12.14  Subd. 5.  Parks and Recreation
 12.15  Management
 12.16      36,736,000     36,736,000 
 12.17                Summary by Fund
 12.18  General              19,511,000    19,511,000
 12.19  Natural Resources    17,225,000    17,225,000
 12.20  $640,000 the first year and $640,000 
 12.21  the second year are from the water 
 12.22  recreation account in the natural 
 12.23  resources fund for state park 
 12.24  development projects. 
 12.25  $3,300,000 the first year and 
 12.26  $3,300,000 the second year are for a 
 12.27  grant to the metropolitan council for 
 12.28  metropolitan area regional parks 
 12.29  maintenance and operations. 
 12.30  $3,462,000 the first year and 
 12.31  $3,462,000 the second year are from the 
 12.32  natural resources fund for state park 
 12.33  and recreation area operations.  This 
 12.34  appropriation is from the revenue 
 12.35  deposited to the natural resources fund 
 12.36  under Minnesota Statutes, section 
 12.37  297A.94, paragraph (e), clause (2). 
 12.38  $4,152,000 the first year and 
 12.39  $4,152,000 the second year are from the 
 12.40  natural resources fund for a grant to 
 12.41  the metropolitan council for 
 12.42  metropolitan area regional parks and 
 12.43  trails maintenance and operations.  
 12.44  This appropriation is from the revenue 
 12.45  deposited to the natural resources fund 
 12.46  under Minnesota Statutes, section 
 12.47  297A.94, paragraph (e), clause (3). 
 12.48  $8,971,000 the first year and 
 12.49  $8,971,000 the second year are from the 
 12.50  state parks account in the natural 
 12.51  resources fund for state park and 
 12.52  recreation area operations. 
 12.53  $25,000 the first year and $25,000 the 
 12.54  second year are for a grant to the city 
 12.55  of Taylors Falls for fire and rescue 
 12.56  operations in support of Interstate 
 12.57  state park. 
 12.58  Subd. 6.  Trails and Waterways
 13.1   Management
 13.2       24,060,000     21,173,000 
 13.3                 Summary by Fund
 13.4   General               1,234,000     1,234,000
 13.5   Natural Resources    20,655,000    18,255,000
 13.6   Game and Fish         2,171,000     1,684,000
 13.7   $5,724,000 the first year and 
 13.8   $5,724,000 the second year are from the 
 13.9   snowmobile trails and enforcement 
 13.10  account in the natural resources fund 
 13.11  for snowmobile grants-in-aid. 
 13.12  $261,000 the first year and $261,000 
 13.13  the second year are from the water 
 13.14  recreation account in the natural 
 13.15  resources fund for a safe harbor 
 13.16  program on Lake Superior. 
 13.17  $690,000 the first year and $690,000 
 13.18  the second year are from the natural 
 13.19  resources fund for state trail 
 13.20  operations.  This appropriation is from 
 13.21  the revenue deposited to the natural 
 13.22  resources fund under Minnesota 
 13.23  Statutes, section 297A.94, paragraph 
 13.24  (e), clause (2).  This is a onetime 
 13.25  appropriation. 
 13.26  $553,000 the first year and $553,000 
 13.27  the second year are from the natural 
 13.28  resources fund for trail grants to 
 13.29  local units of government on land to be 
 13.30  maintained for at least 20 years for 
 13.31  the purposes of the grant.  This 
 13.32  appropriation is from the revenue 
 13.33  deposited to the natural resources fund 
 13.34  under Minnesota Statutes, section 
 13.35  297A.94, paragraph (e), clause (4).  
 13.36  This is a onetime appropriation. 
 13.37  The appropriation in Laws 2001, First 
 13.38  Special Session chapter 2, section 5, 
 13.39  subdivision 6, from the water 
 13.40  recreation account in the natural 
 13.41  resources fund for preconstruction, 
 13.42  acquisition, and staffing needs for the 
 13.43  Mississippi Whitewater trail authorized 
 13.44  by Minnesota Statutes, section 85.0156, 
 13.45  is available until June 30, 2005. 
 13.46  Upon a showing of need, the 
 13.47  commissioner of natural resources may 
 13.48  use up to 50 percent of a snowmobile 
 13.49  maintenance and grooming grant under 
 13.50  Minnesota Statutes, section 84.83, that 
 13.51  was available as of December 31, 2002, 
 13.52  to reimburse the intended recipient for 
 13.53  expenses incurred in the purchase or 
 13.54  lease of snowmobile trail grooming 
 13.55  equipment to be used for grant-in-aid 
 13.56  trails.  The costs must be incurred 
 13.57  between July 1, 2002, and June 30, 
 13.58  2003, and recipients must provide 
 13.59  acceptable documentation of the costs 
 13.60  to the commissioner.  All applications 
 14.1   for reimbursement under this section 
 14.2   must be received no later than 
 14.3   September 1, 2003. 
 14.4   $1,000,000 the first year and $600,000 
 14.5   the second year are from the natural 
 14.6   resources fund for off-highway vehicle 
 14.7   trail designation, development, 
 14.8   maintenance, and repair.  Of this 
 14.9   amount, $600,000 the first year and 
 14.10  $360,000 the second year are from the 
 14.11  all-terrain vehicle account, $50,000 
 14.12  the first year and $30,000 the second 
 14.13  year are from the off-highway 
 14.14  motorcycle account, and $350,000 the 
 14.15  first year and $210,000 the second year 
 14.16  are from the off-road vehicle account. 
 14.17  $1,000,000 the first year is from the 
 14.18  natural resources fund for the Iron 
 14.19  Range off-highway vehicle recreation 
 14.20  area.  Of this amount, $600,000 is from 
 14.21  the all-terrain vehicle account, 
 14.22  $350,000 is from the off-road vehicle 
 14.23  account, and $50,000 is from the 
 14.24  off-highway motorcycle account.  This 
 14.25  appropriation is available until 
 14.26  expended. 
 14.27  By August 1, 2003, the commissioner of 
 14.28  finance shall transfer $475,000 from 
 14.29  the all-terrain vehicle account, 
 14.30  $20,000 from the off-highway motorcycle 
 14.31  account, and $5,000 from the off-road 
 14.32  vehicle account to the off-highway 
 14.33  vehicle damage account in Minnesota 
 14.34  Statutes, section 84.780. 
 14.35  $300,000 is from the snowmobile trails 
 14.36  and enforcement account in the natural 
 14.37  resources fund to acquire permanent 
 14.38  easements for a snowmobile trail to 
 14.39  connect the Willard Munger State Trail 
 14.40  in Hermantown to the North Shore State 
 14.41  Trail in Duluth.  This is a onetime 
 14.42  appropriation and is available until 
 14.43  expended. 
 14.44  $700,000 the first year is from the 
 14.45  water recreation account in the natural 
 14.46  resources fund for a cooperative 
 14.47  project with the U.S. Army Corps of 
 14.48  Engineers to develop the Mississippi 
 14.49  Whitewater Park.  Of this amount, 
 14.50  $525,000 is available to provide a 
 14.51  match for $975,000 of federal funds, in 
 14.52  a ratio of 65 percent federal to 35 
 14.53  percent state, for construction design 
 14.54  development.  $175,000 is available for 
 14.55  use by the department for project 
 14.56  management, including costs for the 
 14.57  project review team, real estate 
 14.58  acquisition, staff coordination of the 
 14.59  project, and legal services. 
 14.60  Subd. 7.  Fish Management
 14.61      28,979,000     29,010,000 
 14.62                Summary by Fund
 15.1   General                 455,000       455,000
 15.2   Natural Resources       197,000       197,000
 15.3   Game and Fish        28,327,000    28,358,000
 15.4   $402,000 the first year and $402,000 
 15.5   the second year are for resource 
 15.6   population surveys in the 1837 treaty 
 15.7   area.  Of this amount, $260,000 the 
 15.8   first year and $260,000 the second year 
 15.9   are from the game and fish fund. 
 15.10  $177,000 the first year and $177,000 
 15.11  the second year are for the reinvest in 
 15.12  Minnesota programs of game and fish, 
 15.13  critical habitat, and wetlands 
 15.14  established under Minnesota Statutes, 
 15.15  section 84.95, subdivision 2. 
 15.16  $1,030,000 the first year and 
 15.17  $1,030,000 the second year are from the 
 15.18  trout and salmon management account for 
 15.19  only the purposes specified in 
 15.20  Minnesota Statutes, section 97A.075, 
 15.21  subdivision 3. 
 15.22  $136,000 the first year and $136,000 
 15.23  the second year are available for 
 15.24  aquatic plant restoration. 
 15.25  $3,998,000 the first year and 
 15.26  $3,998,000 the second year are from the 
 15.27  heritage enhancement account in the 
 15.28  game and fish fund for only the 
 15.29  purposes specified in Minnesota 
 15.30  Statutes, section 297A.94, paragraph 
 15.31  (e), clause (1).  This appropriation is 
 15.32  from the revenue deposited to the game 
 15.33  and fish fund under Minnesota Statutes, 
 15.34  section 297A.94, paragraph (e), clause 
 15.35  (1). 
 15.36  Notwithstanding Minnesota Statutes, 
 15.37  section 16A.28, the appropriations 
 15.38  encumbered under contract on or before 
 15.39  June 30, 2005, for aquatic restoration 
 15.40  grants in this subdivision are 
 15.41  available until June 30, 2006. 
 15.42  Subd. 8.  Wildlife Management
 15.43      23,865,000     24,180,000 
 15.44                Summary by Fund
 15.45  General               1,416,000     1,416,000
 15.46  Game and Fish        22,449,000    22,764,000
 15.47  $565,000 the first year and $565,000 
 15.48  the second year are for the reinvest in 
 15.49  Minnesota programs of game and fish, 
 15.50  critical habitat, and wetlands 
 15.51  established under Minnesota Statutes, 
 15.52  section 84.95, subdivision 2. 
 15.53  $1,830,000 the first year and 
 15.54  $2,030,000 the second year are from the 
 15.55  wildlife acquisition surcharge account 
 15.56  for only the purposes specified in 
 16.1   Minnesota Statutes, section 97A.071, 
 16.2   subdivision 2a. 
 16.3   $1,269,000 the first year and 
 16.4   $1,269,000 the second year are from the 
 16.5   deer habitat improvement account for 
 16.6   only the purposes specified in 
 16.7   Minnesota Statutes, section 97A.075, 
 16.8   subdivision 1, paragraph (b). 
 16.9   $148,000 the first year and $148,000 
 16.10  the second year are from the deer and 
 16.11  bear management account for only the 
 16.12  purposes specified in Minnesota 
 16.13  Statutes, section 97A.075, subdivision 
 16.14  1, paragraph (c). 
 16.15  $808,000 the first year and $808,000 
 16.16  the second year are from the waterfowl 
 16.17  habitat improvement account for only 
 16.18  the purposes specified in Minnesota 
 16.19  Statutes, section 97A.075, subdivision 
 16.20  2. 
 16.21  $546,000 the first year and $546,000 
 16.22  the second year are from the pheasant 
 16.23  habitat improvement account for only 
 16.24  the purposes specified in Minnesota 
 16.25  Statutes, section 97A.075, subdivision 
 16.26  4.  
 16.27  $120,000 the first year and $120,000 
 16.28  the second year are from the wild 
 16.29  turkey management account for only the 
 16.30  purposes specified in Minnesota 
 16.31  Statutes, section 97A.075, subdivision 
 16.32  5.  Of this amount, $8,000 the first 
 16.33  year and $8,000 the second year are 
 16.34  appropriated from the game and fish 
 16.35  fund for transfer to the wild turkey 
 16.36  management account for purposes 
 16.37  specified in Minnesota Statutes, 
 16.38  section 97A.075, subdivision 5. 
 16.39  $2,560,000 the first year and 
 16.40  $2,560,000 the second year are from the 
 16.41  heritage enhancement account in the 
 16.42  game and fish fund for only the 
 16.43  purposes specified in Minnesota 
 16.44  Statutes, section 297A.94, paragraph 
 16.45  (e), clause (1).  If chronic wasting 
 16.46  disease (CWD) is found in the wild deer 
 16.47  herd, these appropriations may be used 
 16.48  for wildlife health management costs 
 16.49  related to fighting the spread of CWD.  
 16.50  This appropriation is from the revenue 
 16.51  deposited to the game and fish fund 
 16.52  under Minnesota Statutes, section 
 16.53  297A.94, paragraph (e), clause (1). 
 16.54  $13,000 the first year and $13,000 the 
 16.55  second year are to publicize the 
 16.56  critical habitat license plate match 
 16.57  program. 
 16.58  Notwithstanding Minnesota Statutes, 
 16.59  section 297A.94, this appropriation may 
 16.60  be used for hunter recruitment and 
 16.61  retention and public land user 
 16.62  facilities. 
 17.1   Notwithstanding Minnesota Statutes, 
 17.2   section 16A.28, the appropriations 
 17.3   encumbered under contract on or before 
 17.4   June 30, 2005, for wildlife habitat 
 17.5   grants in this subdivision are 
 17.6   available until June 30, 2006. 
 17.7   Subd. 9.  Ecological Services
 17.8        8,677,000      8,745,000 
 17.9                 Summary by Fund
 17.10  General               3,085,000     3,085,000
 17.11  Natural Resources     2,572,000     2,632,000
 17.12  Game and Fish         3,020,000     3,028,000
 17.13  $1,028,000 the first year and 
 17.14  $1,028,000 the second year are from the 
 17.15  nongame wildlife management account in 
 17.16  the natural resources fund for the 
 17.17  purpose of nongame wildlife management. 
 17.18  $224,000 the first year and $224,000 
 17.19  the second year are for population and 
 17.20  habitat objectives of the nongame 
 17.21  wildlife management program. 
 17.22  $477,000 the first year and $477,000 
 17.23  the second year are for the reinvest in 
 17.24  Minnesota programs of game and fish, 
 17.25  critical habitat, and wetlands 
 17.26  established under Minnesota Statutes, 
 17.27  section 84.95, subdivision 2. 
 17.28  $1,263,000 the first year and 
 17.29  $1,263,000 the second year are from the 
 17.30  heritage enhancement account in the 
 17.31  game and fish fund for only the 
 17.32  purposes specified in Minnesota 
 17.33  Statutes, section 297A.94, paragraph 
 17.34  (e), clause (1).  This appropriation is 
 17.35  from the revenue deposited to the game 
 17.36  and fish fund under Minnesota Statutes, 
 17.37  section 297A.94, paragraph (e), clause 
 17.38  (1). 
 17.39  Subd. 10.  Enforcement
 17.40      27,543,000     28,111,000 
 17.41                Summary by Fund
 17.42  General               3,487,000     3,987,000
 17.43  Natural Resources     6,786,000     6,786,000
 17.44  Game and Fish        17,170,000    17,238,000
 17.45  Remediation             100,000       100,000
 17.46  $1,082,000 the first year and 
 17.47  $1,082,000 the second year are from the 
 17.48  water recreation account in the natural 
 17.49  resources fund for grants to counties 
 17.50  for boat and water safety. 
 17.51  $100,000 the first year and $100,000 
 17.52  the second year are from the 
 18.1   remediation fund for solid waste 
 18.2   enforcement activities under Minnesota 
 18.3   Statutes, section 116.073. 
 18.4   $315,000 the first year and $315,000 
 18.5   the second year are from the snowmobile 
 18.6   trails and enforcement account in the 
 18.7   natural resources fund for grants to 
 18.8   local law enforcement agencies for 
 18.9   snowmobile enforcement activities. 
 18.10  $1,164,000 the first year and 
 18.11  $1,164,000 the second year are from the 
 18.12  heritage enhancement account in the 
 18.13  game and fish fund for only the 
 18.14  purposes specified in Minnesota 
 18.15  Statutes, section 297A.94, paragraph 
 18.16  (e), clause (1).  This appropriation is 
 18.17  from the revenue deposited to the game 
 18.18  and fish fund under Minnesota Statutes, 
 18.19  section 297A.94, paragraph (e), clause 
 18.20  (1). 
 18.21  Overtime shall be distributed to 
 18.22  conservation officers at historical 
 18.23  levels; however, a reasonable reduction 
 18.24  or addition may be made to the 
 18.25  officer's allocation, if justified, 
 18.26  based on an individual officer's 
 18.27  workload.  If funding for enforcement 
 18.28  is reduced because of an unallotment, 
 18.29  the overtime bank may be reduced in 
 18.30  proportion to reductions made in other 
 18.31  areas of the budget. 
 18.32  $700,000 the first year and $700,000 
 18.33  the second year are from the natural 
 18.34  resources fund for off-highway vehicle 
 18.35  enforcement.  Of this amount, $665,000 
 18.36  the first year and $665,000 the second 
 18.37  year are from the all-terrain vehicle 
 18.38  account, $28,000 the first year and 
 18.39  $28,000 the second year are from the 
 18.40  off-highway motorcycle account, and 
 18.41  $7,000 the first year and $7,000 the 
 18.42  second year are from the off-road 
 18.43  vehicle account. 
 18.44  $130,000 the first year and $130,000 
 18.45  the second year are from the 
 18.46  all-terrain vehicle account in the 
 18.47  natural resources fund for 
 18.48  administration of the all-terrain 
 18.49  vehicle environmental and safety 
 18.50  education and training program under 
 18.51  Minnesota Statutes, section 84.925. 
 18.52  $225,000 the first year and $225,000 
 18.53  the second year are from the natural 
 18.54  resources fund for grants to county law 
 18.55  enforcement agencies for off-highway 
 18.56  vehicle enforcement and public 
 18.57  education activities based on 
 18.58  off-highway vehicle use in the county.  
 18.59  Of this amount, $213,000 each year is 
 18.60  from the all-terrain vehicle account; 
 18.61  $11,000 each year is from the 
 18.62  off-highway motorcycle account; and 
 18.63  $1,000 each year is from the off-road 
 18.64  vehicle account.  The county 
 18.65  enforcement agencies may use money 
 19.1   received under this appropriation to 
 19.2   make grants to other local enforcement 
 19.3   agencies within the county that have a 
 19.4   high concentration of off-highway 
 19.5   vehicle use.  Of this appropriation, 
 19.6   $25,000 each year is for administration 
 19.7   of these grants. 
 19.8   Subd. 11.  Operations Support
 19.9       24,234,000     24,241,000 
 19.10                Summary by Fund
 19.11  General              12,134,000    12,134,000
 19.12  Natural Resources     4,016,000     4,016,000
 19.13  Game and Fish         8,084,000     8,091,000
 19.14  $189,000 the first year and $189,000 
 19.15  the second year are for technical 
 19.16  assistance and grants to assist local 
 19.17  government units and organizations in 
 19.18  the metropolitan area to acquire and 
 19.19  develop natural areas and greenways. 
 19.20  $375,000 the first year and $375,000 
 19.21  the second year are for the community 
 19.22  assistance program to provide for 
 19.23  technical assistance and regional 
 19.24  resource enhancement grants. 
 19.25  $246,000 the first year and $246,000 
 19.26  the second year are from the natural 
 19.27  resources fund for grants to be divided 
 19.28  equally between the city of St. Paul 
 19.29  for the Como Zoo and Conservatory and 
 19.30  the city of Duluth Zoo.  This 
 19.31  appropriation is from the revenue 
 19.32  deposited to the natural resources fund 
 19.33  under Minnesota Statutes, section 
 19.34  297A.94, paragraph (e), clause (5).  
 19.35  This is a onetime appropriation. 
 19.36  The commissioner may allow payments to 
 19.37  be made by credit or debit cards, at 
 19.38  the customer's discretion, with a 
 19.39  charge of a reasonable fee.  Money 
 19.40  received from the fees is appropriated 
 19.41  to the commissioner to cover the costs 
 19.42  of processing payments from credit and 
 19.43  debit cards. 
 19.44  Any unencumbered balance for state 
 19.45  project reimbursements received in 
 19.46  fiscal year 2003 from the federal Land 
 19.47  and Water Conservation Fund Act and 
 19.48  deposited in the state land and water 
 19.49  conservation account in the future 
 19.50  resources fund shall be transferred to 
 19.51  the account in the natural resources 
 19.52  fund.  This provision is effective the 
 19.53  day following final enactment. 
 19.54  Sec. 6.  MINNESOTA
 19.55  CONSERVATION CORPS                       840,000        840,000 
 19.56                Summary by Fund
 19.57  General                 350,000       350,000
 20.1   Natural Resources       490,000       490,000
 20.2   Sec. 7.  BOARD OF WATER AND 
 20.3   SOIL RESOURCES                        15,432,000     15,431,000
 20.4   $4,102,000 the first year and 
 20.5   $4,102,000 the second year are for 
 20.6   natural resources block grants to local 
 20.7   governments. 
 20.8   The board may reduce the amount of the 
 20.9   natural resources block grant to a 
 20.10  county by an amount equal to any 
 20.11  reduction in the county's general 
 20.12  services allocation to a soil and water 
 20.13  conservation district from the county's 
 20.14  previous year allocation when the board 
 20.15  determines that the reduction was 
 20.16  disproportionate. 
 20.17  Grants must be matched with a 
 20.18  combination of local cash or in-kind 
 20.19  contributions.  The base grant portion 
 20.20  related to water planning must be 
 20.21  matched by an amount that would be 
 20.22  raised by a levy under Minnesota 
 20.23  Statutes, section 103B.3369. 
 20.24  $3,566,000 the first year and 
 20.25  $3,566,000 the second year are for 
 20.26  grants to soil and water conservation 
 20.27  districts for general purposes, 
 20.28  nonpoint engineering, and 
 20.29  implementation of the Reinvest in 
 20.30  Minnesota conservation reserve 
 20.31  program.  Upon approval of the board, 
 20.32  expenditures may be made from these 
 20.33  appropriations for supplies and 
 20.34  services benefiting soil and water 
 20.35  conservation districts. 
 20.36  $3,285,000 the first year and 
 20.37  $3,285,000 the second year are for 
 20.38  grants to soil and water conservation 
 20.39  districts for cost-sharing contracts 
 20.40  for erosion control and water quality 
 20.41  management.  Of this amount, at least 
 20.42  $1,500,000 the first year and 
 20.43  $1,500,000 the second year are for 
 20.44  grants for cost-sharing contracts for 
 20.45  water quality management on feedlots.  
 20.46  Any unencumbered balance in the board's 
 20.47  program of grants does not cancel at 
 20.48  the end of the first year and is 
 20.49  available for the second year for the 
 20.50  same grant program.  This appropriation 
 20.51  is available until expended.  If the 
 20.52  appropriation in either year is 
 20.53  insufficient, the appropriation in the 
 20.54  other year is available for it.  
 20.55  $105,000 the first year and $105,000 
 20.56  the second year are for grants to 
 20.57  watershed districts and other local 
 20.58  units of government in the southern 
 20.59  Minnesota River basin study area 2 for 
 20.60  floodplain management.  If the 
 20.61  appropriation in either year is 
 20.62  insufficient, the appropriation in the 
 20.63  other year is available for it. 
 21.1   $100,000 the first year and $100,000 
 21.2   the second year are for a grant to the 
 21.3   Red River basin commission to develop a 
 21.4   Red River basin plan and to coordinate 
 21.5   water management activities in the 
 21.6   states and provinces bordering the Red 
 21.7   River.  The unencumbered balance in the 
 21.8   first year does not cancel but is 
 21.9   available for the second year. 
 21.10  Sec. 8.  SCIENCE MUSEUM     
 21.11  OF MINNESOTA                             750,000        750,000 
 21.12  Sec. 9.  MINNESOTA RESOURCES 
 21.13  Subdivision 1.  Total
 21.14  Appropriation                         17,625,000     15,050,000
 21.15                Summary by Fund
 21.16  State Land and
 21.17  Water Conservation
 21.18  Account (LAWCON)      2,000,000         -0-  
 21.19  Environment and 
 21.20  Natural Resources
 21.21  Trust Fund           15,050,000    15,050,000
 21.22  Oil Overcharge
 21.23  Money in the Special
 21.24  Revenue Fund            519,000         -0-
 21.25  Great Lakes
 21.26  Protection Account       56,000         -0-
 21.27  Appropriations from the oil overcharge 
 21.28  money in the special revenue fund and 
 21.29  Great Lakes protection account are 
 21.30  available for either year of the 
 21.31  biennium. 
 21.32  For appropriations from the environment 
 21.33  and natural resources trust fund, any 
 21.34  unencumbered balance remaining in the 
 21.35  first year does not cancel and is 
 21.36  available for the second year of the 
 21.37  biennium. 
 21.38  Unless otherwise provided, the amounts 
 21.39  in this section are available until 
 21.40  June 30, 2005, when projects must be 
 21.41  completed and final products delivered. 
 21.42  Subd. 2.  Definitions 
 21.43  (a) "State Land and Water Conservation 
 21.44  Account (LAWCON)" means the state land 
 21.45  and water conservation account in the 
 21.46  natural resources fund. 
 21.47  (b) "Great Lakes protection account" 
 21.48  means the Great Lakes protection 
 21.49  account referred to in Minnesota 
 21.50  Statutes, section 116Q.02, subdivision 
 21.51  1. 
 21.52  (c) "Trust fund" means the Minnesota 
 21.53  environment and natural resources trust 
 21.54  fund referred to in Minnesota Statutes, 
 21.55  section 116P.02, subdivision 6. 
 22.1   (d) "Oil overcharge money" means the 
 22.2   money referred to in Minnesota 
 22.3   Statutes, section 4.071, subdivision 2. 
 22.4   Subd. 3.  Administration                 412,000        406,000 
 22.5                 Summary by Fund
 22.6   Trust Fund              412,000       406,000
 22.7   (a) Legislative Commission on Minnesota 
 22.8   Resources 
 22.9   $326,000 the first year and $346,000 
 22.10  the second year are from the trust fund 
 22.11  for administration as provided in 
 22.12  Minnesota Statutes, section 116P.09, 
 22.13  subdivision 5. 
 22.14  (b) LCMR Study Commission on Park 
 22.15  Systems 
 22.16  $26,000 the first year is from the 
 22.17  trust fund to the legislative 
 22.18  commission on Minnesota resources to 
 22.19  evaluate the use of fees to assist the 
 22.20  financial stability and the potential 
 22.21  of fees to provide for self-sufficiency 
 22.22  in Minnesota's park systems, including 
 22.23  state parks, metropolitan regional 
 22.24  parks, and rural regional parks in 
 22.25  greater Minnesota.  The study 
 22.26  commission will report to the chairs of 
 22.27  the senate and house environment 
 22.28  finance committees by February 16, 2004.
 22.29  (c) Contract Administration 
 22.30  $60,000 the first year and $60,000 the 
 22.31  second year are from the trust fund to 
 22.32  the commissioner of natural resources 
 22.33  for contract administration activities 
 22.34  assigned to the commissioner in this 
 22.35  section.  This appropriation is 
 22.36  available until June 30, 2006. 
 22.37  Subd. 4.  Advisory Committee              23,000         22,000 
 22.38  $23,000 the first year and $22,000 the 
 22.39  second year are from the trust fund to 
 22.40  the legislative commission on Minnesota 
 22.41  resources for expenses of the citizen 
 22.42  advisory committee as provided in 
 22.43  Minnesota Statutes, section 116P.06. 
 22.44  Subd. 5.  Fish and Wildlife 
 22.45  Habitat                                6,223,000      6,223,000 
 22.46                Summary by Fund
 22.47  Trust Fund            6,223,000     6,223,000
 22.48  (a) Restoring Minnesota's Fish and 
 22.49  Wildlife Habitat Corridors - Phase II 
 22.50  $2,425,000 the first year and 
 22.51  $2,425,000 the second year are from the 
 22.52  trust fund to the commissioner of 
 22.53  natural resources for the second 
 22.54  biennium for acceleration of agency 
 22.55  programs and cooperative agreements 
 23.1   with Minnesota Deer Hunters 
 23.2   Association, Ducks Unlimited, Inc., 
 23.3   National Wild Turkey Federation, 
 23.4   Pheasants Forever, the Nature 
 23.5   Conservancy, Minnesota Land Trust, the 
 23.6   Trust for Public Land, Minnesota Valley 
 23.7   National Wildlife Refuge Trust, Inc., 
 23.8   U.S. Fish and Wildlife Service, U.S. 
 23.9   Bureau of Indian Affairs, Red Lake Band 
 23.10  of Chippewa, Leech Lake Band of 
 23.11  Chippewa, Fond du Lac Band of Chippewa, 
 23.12  USDA-Natural Resources Conservation 
 23.13  Service, and the board of water and 
 23.14  soil resources to plan, restore, and 
 23.15  acquire fragmented landscape corridors 
 23.16  that connect areas of quality habitat 
 23.17  to sustain fish, wildlife, and plants.  
 23.18  As part of the required work program, 
 23.19  criteria and priorities for planned 
 23.20  acquisition and restoration activities 
 23.21  must be submitted to the legislative 
 23.22  commission on Minnesota resources for 
 23.23  review and approval before expenditure. 
 23.24  Expenditures are limited to the 11 
 23.25  project areas as defined in the work 
 23.26  program.  Land acquired with this 
 23.27  appropriation must be sufficiently 
 23.28  improved to meet at least minimum 
 23.29  habitat and facility management 
 23.30  standards as determined by the 
 23.31  commissioner of natural resources.  
 23.32  This appropriation may not be used for 
 23.33  the purchase of residential structures 
 23.34  unless expressly approved in the work 
 23.35  program.  Any land acquired in fee 
 23.36  title by the commissioner of natural 
 23.37  resources with money from this 
 23.38  appropriation must be designated:  (1) 
 23.39  as an outdoor recreation unit under 
 23.40  Minnesota Statutes, section 86A.07; or 
 23.41  (2) as provided in Minnesota Statutes, 
 23.42  sections 89.018, subdivision 2, 
 23.43  paragraph (a); 97A.101; 97A.125; 
 23.44  97C.001; and 97C.011.  The commissioner 
 23.45  may so designate any lands acquired in 
 23.46  less than fee title.  This 
 23.47  appropriation is available until June 
 23.48  30, 2006, at which time the project 
 23.49  must be completed and final products 
 23.50  delivered, unless an earlier date is 
 23.51  specified in the work program. 
 23.52  (b) Metropolitan Area Wildlife 
 23.53  Corridors 
 23.54  $2,425,000 the first year and 
 23.55  $2,425,000 the second year are from the 
 23.56  trust fund to the commissioner of 
 23.57  natural resources.  $3,700,000 of this 
 23.58  appropriation is for acceleration of 
 23.59  agency programs and cooperative 
 23.60  agreements with the Trust for Public 
 23.61  Land, Ducks Unlimited, Inc., Friends of 
 23.62  the Mississippi River, Great River 
 23.63  Greening, Minnesota Land Trust, and 
 23.64  Minnesota Valley National Wildlife 
 23.65  Refuge Trust, Inc., for the purposes of 
 23.66  planning, improving, and protecting 
 23.67  important natural areas in the 
 23.68  metropolitan region, as defined by 
 23.69  Minnesota Statutes, section 473.121, 
 24.1   subdivision 2, through grants, 
 24.2   contracted services, conservation 
 24.3   easements, and fee acquisition.  
 24.4   $500,000 of this appropriation is for 
 24.5   an agreement with the city of Ramsey 
 24.6   for the Trott Brook Corridor 
 24.7   acquisition.  $800,000 of this 
 24.8   appropriation is for an agreement with 
 24.9   the Rice Creek Watershed District for 
 24.10  Hardwood Creek acquisition and 
 24.11  restoration.  Land acquired with this 
 24.12  appropriation must be sufficiently 
 24.13  improved to meet at least minimum 
 24.14  management standards as determined by 
 24.15  the commissioner of natural resources.  
 24.16  As part of the required work program, 
 24.17  criteria and priorities for planned 
 24.18  acquisition and restoration activities 
 24.19  must be submitted to the legislative 
 24.20  commission on Minnesota resources for 
 24.21  review and approval before 
 24.22  expenditure.  Expenditures are limited 
 24.23  to the identified project areas as 
 24.24  defined in the work program.  This 
 24.25  appropriation may not be used for the 
 24.26  purchase of residential structures 
 24.27  unless expressly approved in the work 
 24.28  program.  Any land acquired in fee 
 24.29  title by the commissioner of natural 
 24.30  resources with money from this 
 24.31  appropriation must be designated:  (1) 
 24.32  as an outdoor recreation unit under 
 24.33  Minnesota Statutes, section 86A.07; or 
 24.34  (2) as provided in Minnesota Statutes, 
 24.35  sections 89.018, subdivision 2, 
 24.36  paragraph (a); 97A.101; 97A.125; 
 24.37  97C.001; and 97C.011.  The commissioner 
 24.38  may so designate any lands acquired in 
 24.39  less than fee title.  This 
 24.40  appropriation is available until June 
 24.41  30, 2006, at which time the project 
 24.42  must be completed and final products 
 24.43  delivered, unless an earlier date is 
 24.44  specified in the work program.  
 24.45  (c) Restoring RIM Match 
 24.46  $200,000 the first year and $200,000 
 24.47  the second year are from the trust fund 
 24.48  to the commissioner of natural 
 24.49  resources for the RIM critical habitat 
 24.50  matching program to acquire and enhance 
 24.51  fish, wildlife, and native plant 
 24.52  habitat.  Land acquired with this 
 24.53  appropriation must be sufficiently 
 24.54  improved to meet at least minimum 
 24.55  management standards as determined by 
 24.56  the commissioner of natural resources.  
 24.57  Up to $27,000 of this appropriation is 
 24.58  for matching nongame program activities.
 24.59  (d) Acquisition and Development of 
 24.60  Scientific and Natural Areas 
 24.61  $240,000 the first year and $240,000 
 24.62  the second year are from the trust fund 
 24.63  to the commissioner of natural 
 24.64  resources to acquire and develop lands 
 24.65  with natural features of state 
 24.66  ecological or geological significance 
 24.67  in accordance with the scientific and 
 25.1   natural area program long-range plan.  
 25.2   Land acquired with this appropriation 
 25.3   must be sufficiently improved to meet 
 25.4   at least minimum management standards 
 25.5   as determined by the commissioner of 
 25.6   natural resources. 
 25.7   (e) Forest and Prairie Stewardship of 
 25.8   Public and Private Lands 
 25.9   $196,000 the first year and $196,000 
 25.10  the second year are from the trust fund 
 25.11  to the commissioner of natural 
 25.12  resources.  $147,000 of this 
 25.13  appropriation is to develop stewardship 
 25.14  plans for private forested lands and 
 25.15  implement stewardship plans on a 
 25.16  cost-share basis.  $245,000 of this 
 25.17  appropriation is to develop stewardship 
 25.18  plans on private prairie lands and 
 25.19  implement prairie management on public 
 25.20  and private lands.  This appropriation 
 25.21  is available until June 30, 2006, at 
 25.22  which time the project must be 
 25.23  completed and final products delivered, 
 25.24  unless an earlier date is specified in 
 25.25  the work program. 
 25.26  (f) Local Initiative 
 25.27  Grants-Conservation Partners and 
 25.28  Environmental Partnerships 
 25.29  $256,000 the first year and $256,000 
 25.30  the second year are from the trust fund 
 25.31  to the commissioner of natural 
 25.32  resources for matching grants of up to 
 25.33  $20,000 to local government and private 
 25.34  organizations for enhancement, 
 25.35  research, and education associated with 
 25.36  natural habitat and environmental 
 25.37  service projects.  This appropriation 
 25.38  is available until June 30, 2006, at 
 25.39  which time the project must be 
 25.40  completed and final products delivered, 
 25.41  unless an earlier date is specified in 
 25.42  the work program. 
 25.43  (g) Minnesota ReLeaf Community Forest 
 25.44  Development and Protection 
 25.45  $257,000 the first year and $257,000 
 25.46  the second year are from the trust fund 
 25.47  to the commissioner of natural 
 25.48  resources for acceleration of the 
 25.49  agency program and a cooperative 
 25.50  agreement with Tree Trust to protect 
 25.51  forest resources, develop 
 25.52  inventory-based management plans, and 
 25.53  provide matching grants to communities 
 25.54  to plant native trees.  At least 
 25.55  $350,000 of this appropriation must be 
 25.56  used for grants to communities.  For 
 25.57  the purposes of this paragraph, the 
 25.58  match must be a nonstate contribution, 
 25.59  but may be either cash or qualifying 
 25.60  in-kind.  This appropriation is 
 25.61  available until June 30, 2006, at which 
 25.62  time the project must be completed and 
 25.63  final projects delivered, unless an 
 25.64  earlier date is specified in the work 
 25.65  program. 
 26.1   (h) Developing Pheromones for Use in 
 26.2   Carp Control 
 26.3   $50,000 the first year and $50,000 the 
 26.4   second year are from the trust fund to 
 26.5   the University of Minnesota for 
 26.6   research on new options for controlling 
 26.7   carp.  This appropriation is available 
 26.8   until June 30, 2006, at which time the 
 26.9   project must be completed and final 
 26.10  products delivered, unless an earlier 
 26.11  date is specified in the work program. 
 26.12  (i) Biological Control of European 
 26.13  Buckthorn and Spotted Knapweed 
 26.14  $99,000 the first year and $99,000 the 
 26.15  second year are from the trust fund.  
 26.16  Of this amount, $54,000 the first year 
 26.17  and $55,000 the second year are to the 
 26.18  commissioner of natural resources for 
 26.19  research to evaluate potential insects 
 26.20  for biological control of invasive 
 26.21  European buckthorn species.  $45,000 
 26.22  the first year and $44,000 the second 
 26.23  year are to the commissioner of 
 26.24  agriculture to assess the effectiveness 
 26.25  of spotted knapweed biological control 
 26.26  agents.  This appropriation is 
 26.27  available until June 30, 2006, at which 
 26.28  time the project must be completed and 
 26.29  final products delivered, unless an 
 26.30  earlier date is specified in the work 
 26.31  program. 
 26.32  (j) Resources for Redevelopment of 
 26.33  Brownfields to Greenspaces 
 26.34  $75,000 the first year and $75,000 the 
 26.35  second year are from the trust fund to 
 26.36  the commissioner of natural resources 
 26.37  for an agreement with Minnesota 
 26.38  Environmental Initiatives to identify 
 26.39  and assess redevelopment of brownfields 
 26.40  for recreation, habitat, and natural 
 26.41  resource reuse. 
 26.42  Subd. 6.  Recreation                   7,622,000      5,870,000 
 26.43                Summary by Fund
 26.44  Trust Fund            5,622,000     5,870,000
 26.45  State Land and Conservation 
 26.46  Account [LAWCON)      2,000,000
 26.47  (a) State Park and Recreation Area Land 
 26.48  Acquisition 
 26.49  $750,000 the first year and $750,000 
 26.50  the second year are from the trust fund 
 26.51  to the commissioner of natural 
 26.52  resources to acquire in-holdings for 
 26.53  state park and recreation areas.  Land 
 26.54  acquired with this appropriation must 
 26.55  be sufficiently improved to meet at 
 26.56  least minimum management standards as 
 26.57  determined by the commissioner of 
 26.58  natural resources.  This appropriation 
 26.59  is available until June 30, 2006, at 
 26.60  which time the project must be 
 27.1   completed and final products delivered, 
 27.2   unless an earlier date is specified in 
 27.3   the work program. 
 27.4   (b) LAWCON Federal Reimbursements 
 27.5   $2,000,000 is from the state land and 
 27.6   water conservation account (LAWCON) in 
 27.7   the natural resources fund to the 
 27.8   commissioner of natural resources for 
 27.9   eligible state projects and 
 27.10  administrative and planning activities 
 27.11  consistent with Minnesota Statutes, 
 27.12  section 116P.14, and the federal Land 
 27.13  and Water Conservation Fund Act.  This 
 27.14  appropriation is contingent upon 
 27.15  receipt of the federal obligation and 
 27.16  remains available until June 30, 2006, 
 27.17  at which time the project must be 
 27.18  completed and final products delivered, 
 27.19  unless an earlier date is specified in 
 27.20  the work program. 
 27.21  (c) Local Initiative Grants-Parks and 
 27.22  Natural Areas 
 27.23  $1,290,000 the first year and 
 27.24  $1,289,000 the second year are from the 
 27.25  trust fund to the commissioner of 
 27.26  natural resources for matching grants 
 27.27  to local governments for acquisition 
 27.28  and development of natural and scenic 
 27.29  areas and local parks as provided in 
 27.30  Minnesota Statutes, section 85.019, 
 27.31  subdivisions 2 and 4a, and regional 
 27.32  parks outside of the metropolitan 
 27.33  area.  Grants may provide up to 50 
 27.34  percent of the nonfederal share of the 
 27.35  project cost, except nonmetropolitan 
 27.36  regional park grants may provide up to 
 27.37  60 percent of the nonfederal share of 
 27.38  the project cost.  The commission will 
 27.39  monitor the grants for approximate 
 27.40  balance over extended periods of time 
 27.41  between the metropolitan area, under 
 27.42  Minnesota Statutes, section 473.121, 
 27.43  subdivision 2, and the nonmetropolitan 
 27.44  area through work program oversight and 
 27.45  periodic allocation decisions.  For the 
 27.46  purposes of this paragraph, the match 
 27.47  must be a nonstate contribution, but 
 27.48  may be either cash or qualifying 
 27.49  in-kind.  Recipients may receive 
 27.50  funding for more than one project in 
 27.51  any given grant period.  This 
 27.52  appropriation is available until June 
 27.53  30, 2006, at which time the project 
 27.54  must be completed and final products 
 27.55  delivered. 
 27.56  (d) Metropolitan Regional Parks 
 27.57  Acquisition, Rehabilitation, and 
 27.58  Development 
 27.59  $1,670,000 the first year and 
 27.60  $1,669,000 the second year are from the 
 27.61  trust fund to the commissioner of 
 27.62  natural resources for an agreement with 
 27.63  the metropolitan council for subgrants 
 27.64  for the acquisition, development, and 
 27.65  rehabilitation in the metropolitan 
 28.1   regional park system, consistent with 
 28.2   the metropolitan council regional 
 28.3   recreation open space capital 
 28.4   improvement plan.  This appropriation 
 28.5   may not be used for the purchase of 
 28.6   residential structures.  This 
 28.7   appropriation may be used to reimburse 
 28.8   implementing agencies for acquisition 
 28.9   of nonresidential property as expressly 
 28.10  approved in the work program.  This 
 28.11  appropriation is available until June 
 28.12  30, 2006, at which time the project 
 28.13  must be completed and final products 
 28.14  delivered, unless an earlier date is 
 28.15  specified in the work program.  In 
 28.16  addition, if a project financed under 
 28.17  this program receives a federal grant, 
 28.18  the availability of the financing from 
 28.19  this paragraph for that project is 
 28.20  extended to equal the period of the 
 28.21  federal grant. 
 28.22  (e) Local and Regional Trail Grant 
 28.23  Initiative Program 
 28.24  $160,000 the first year and $160,000 
 28.25  the second year are from the trust fund 
 28.26  to the commissioner of natural 
 28.27  resources to provide matching grants to 
 28.28  local units of government for the cost 
 28.29  of acquisition, development, 
 28.30  engineering services, and enhancement 
 28.31  of existing and new trail facilities.  
 28.32  This appropriation is available until 
 28.33  June 30, 2006, at which time the 
 28.34  project must be completed and final 
 28.35  products delivered, unless an earlier 
 28.36  date is specified in the work program.  
 28.37  In addition, if a project financed 
 28.38  under this program receives a federal 
 28.39  grant, the availability of the 
 28.40  financing from this paragraph for that 
 28.41  project is extended to equal the period 
 28.42  of the federal grant.  
 28.43  (f) Gitchi-Gami State Trail 
 28.44  $650,000 the first year and $650,000 
 28.45  the second year are from the trust fund 
 28.46  to the commissioner of natural 
 28.47  resources, in cooperation with the 
 28.48  Gitchi-Gami Trail Association, for the 
 28.49  third biennium, to design and construct 
 28.50  approximately five miles of Gitchi-Gami 
 28.51  state trail segments.  This 
 28.52  appropriation must be matched by at 
 28.53  least $400,000 of nonstate money.  The 
 28.54  availability of the financing from this 
 28.55  paragraph is extended to equal the 
 28.56  period of any federal money received. 
 28.57  (g) Water Recreation:  Boat Access, 
 28.58  Fishing Piers, and Shore-fishing 
 28.59  $450,000 the first year and $700,000 
 28.60  the second year are from the trust fund 
 28.61  to the commissioner of natural 
 28.62  resources to acquire and develop public 
 28.63  water access sites statewide, construct 
 28.64  shore-fishing and pier sites, and 
 28.65  restore shorelands at public accesses.  
 29.1   This appropriation is available until 
 29.2   June 30, 2006, at which time the 
 29.3   project must be completed and final 
 29.4   products delivered, unless an earlier 
 29.5   date is specified in the work program. 
 29.6   (h) Mesabi Trail 
 29.7   $190,000 the first year and $190,000 
 29.8   the second year are from the trust fund 
 29.9   to the commissioner of natural 
 29.10  resources for an agreement with St. 
 29.11  Louis and Lake Counties Regional Rail 
 29.12  Authority for the sixth biennium to 
 29.13  acquire and develop segments of the 
 29.14  Mesabi trail.  If a federal grant is 
 29.15  received, the availability of the 
 29.16  financing from this paragraph is 
 29.17  extended to equal the period of the 
 29.18  federal grant. 
 29.19  (i) Linking Communities Design, 
 29.20  Technology, and DNR Trail Resources 
 29.21  $92,000 the first year and $92,000 the 
 29.22  second year are from the trust fund to 
 29.23  the commissioner of natural resources 
 29.24  for an agreement with the University of 
 29.25  Minnesota to provide designs for up to 
 29.26  three state trails incorporating 
 29.27  recreation, natural, and cultural 
 29.28  features. 
 29.29  (j) Ft. Ridgley Historic Site 
 29.30  Interpretive Trail 
 29.31  $75,000 the first year and $75,000 the 
 29.32  second year are from the trust fund to 
 29.33  the Minnesota historical society to 
 29.34  construct a trail through the original 
 29.35  fort site and install interpretive 
 29.36  markers.  This appropriation is 
 29.37  available until June 30, 2006, at which 
 29.38  time the project must be completed and 
 29.39  final products delivered, unless an 
 29.40  earlier date is specified in the work 
 29.41  program. 
 29.42  (k) Development and Rehabilitation of 
 29.43  Minnesota Shooting Ranges 
 29.44  $120,000 the first year and $120,000 
 29.45  the second year are from the trust fund 
 29.46  to the commissioner of natural 
 29.47  resources to provide technical 
 29.48  assistance and matching cost-share 
 29.49  grants to local recreational shooting 
 29.50  and archery clubs for the purpose of 
 29.51  developing or rehabilitating shooting 
 29.52  and archery facilities for public use.  
 29.53  Recipient facilities must be open to 
 29.54  the general public at reasonable times 
 29.55  and for a reasonable fee on a walk-in 
 29.56  basis.  This appropriation is available 
 29.57  until June 30, 2006, at which time the 
 29.58  project must be completed and final 
 29.59  products delivered, unless an earlier 
 29.60  date is specified in the work program.  
 29.61  (l) Land Acquisition, Minnesota 
 29.62  Landscape Arboretum 
 30.1   $175,000 the first year and $175,000 
 30.2   the second year are from the trust fund 
 30.3   to the University of Minnesota for an 
 30.4   agreement with the University of 
 30.5   Minnesota Landscape Arboretum 
 30.6   Foundation for the fifth biennium to 
 30.7   acquire in-holdings within the 
 30.8   arboretum's boundary.  This 
 30.9   appropriation must be matched by an 
 30.10  equal amount of nonstate money.  This 
 30.11  appropriation is available until June 
 30.12  30, 2006, at which time the project 
 30.13  must be completed and final products 
 30.14  delivered, unless an earlier date is 
 30.15  specified in the work program. 
 30.16  Subd. 7.  Water Resources              1,198,000        899,000 
 30.17                Summary by Fund
 30.18  Trust Fund            1,142,000       899,000
 30.19  Great Lakes Protection 
 30.20  Account                  56,000             
 30.21  (a) Local Water Planning Matching 
 30.22  Challenge Grants 
 30.23  $222,000 the first year and $222,000 
 30.24  the second year are from the trust fund 
 30.25  and $56,000 is from the Great Lakes 
 30.26  protection account to the board of 
 30.27  water and soil resources to accelerate 
 30.28  the local water planning challenge 
 30.29  grant program under Minnesota Statutes, 
 30.30  sections 103B.3361 to 103B.3369, 
 30.31  through matching grants to implement 
 30.32  high-priority activities in 
 30.33  comprehensive water management plans, 
 30.34  plan development guidance, and regional 
 30.35  resource assessments.  For the purposes 
 30.36  of this paragraph, the match must be a 
 30.37  nonstate contribution, but may be 
 30.38  either cash or qualifying in-kind.  
 30.39  This appropriation is available until 
 30.40  June 30, 2006, at which time the 
 30.41  project must be completed and final 
 30.42  products delivered, unless an earlier 
 30.43  date is specified in the work program. 
 30.44  (b) Accelerating and Enhancing Surface 
 30.45  Water Monitoring for Lakes and Streams 
 30.46  $370,000 the first year and $370,000 
 30.47  the second year are from the trust fund 
 30.48  to the commissioner of the pollution 
 30.49  control agency for acceleration of 
 30.50  agency programs and cooperative 
 30.51  agreements with the Minnesota Lakes 
 30.52  Association, Rivers Council of 
 30.53  Minnesota, the Minnesota Initiative 
 30.54  Foundation, and the University of 
 30.55  Minnesota to accelerate monitoring 
 30.56  efforts through assessments, citizen 
 30.57  training, and implementation grants.  
 30.58  This appropriation is available until 
 30.59  June 30, 2006, at which time the 
 30.60  project must be completed and final 
 30.61  products delivered, unless an earlier 
 30.62  date is specified in the work program. 
 31.1   (c) Intercommunity Groundwater 
 31.2   Protection 
 31.3   $62,000 the first year and $63,000 the 
 31.4   second year are from the trust fund to 
 31.5   the commissioner of natural resources 
 31.6   for an agreement with Washington county 
 31.7   for groundwater monitoring, modeling, 
 31.8   and implementation of management 
 31.9   strategies. 
 31.10  (d) TAPwaters:  Technical Assistance 
 31.11  Program for Watersheds 
 31.12  $80,000 the first year and $80,000 the 
 31.13  second year are from the trust fund to 
 31.14  the commissioner of natural resources 
 31.15  for an agreement with the Science 
 31.16  Museum of Minnesota to assess the St. 
 31.17  Croix river and its tributaries to 
 31.18  identify solutions to pollution 
 31.19  threats.  This appropriation is 
 31.20  available until June 30, 2006, at which 
 31.21  time the project must be completed and 
 31.22  final products delivered, unless an 
 31.23  earlier date is specified in the work 
 31.24  program. 
 31.25  (e) Wastewater Phosphorus Control and 
 31.26  Reduction Initiative 
 31.27  $392,000 the first year and $148,000 
 31.28  the second year are from the trust fund 
 31.29  to the commissioner of the pollution 
 31.30  control agency to study human causes of 
 31.31  excess phosphorus and for cooperation 
 31.32  and an agreement with the Minnesota 
 31.33  environmental science and economic 
 31.34  review board to assess phosphorus 
 31.35  reduction techniques at wastewater 
 31.36  treatment plants.  
 31.37  (f) Maintaining Zooplankton (Daphnia) 
 31.38  for Water Quality:  Square Lake 
 31.39  $16,000 the first year and $16,000 the 
 31.40  second year are from the trust fund to 
 31.41  the commissioner of natural resources 
 31.42  for an agreement with Marine On St. 
 31.43  Croix water management organization to 
 31.44  determine whether trout predation on 
 31.45  Daphnia significantly affects Daphnia 
 31.46  abundance and water quality of Square 
 31.47  lake, Washington county.  This 
 31.48  appropriation is available until June 
 31.49  30, 2006, at which time the project 
 31.50  must be completed and final products 
 31.51  delivered, unless an earlier date is 
 31.52  specified in the work program. 
 31.53  Subd. 8.  Land Use and Natural  
 31.54  Resource Information                     691,000        691,000 
 31.55                Summary by Fund
 31.56  Trust Fund              691,000       691,000
 31.57  (a) Minnesota County Biological Survey 
 31.58  $450,000 the first year and $450,000 
 31.59  the second year are from the trust fund 
 32.1   to the commissioner of natural 
 32.2   resources for the ninth biennium to 
 32.3   accelerate the survey that identifies 
 32.4   significant natural areas and 
 32.5   systematically collects and interprets 
 32.6   data on the distribution and ecology of 
 32.7   native plant communities, rare plants, 
 32.8   and rare animals. 
 32.9   (b) Updating Outmoded Soil Survey 
 32.10  $118,000 the first year and $118,000 
 32.11  the second year are from the trust fund 
 32.12  to the board of water and soil to 
 32.13  continue updating and digitizing 
 32.14  outmoded soil surveys in Fillmore, 
 32.15  Goodhue, Dodge, and Wabasha counties in 
 32.16  southeast Minnesota.  Participating 
 32.17  counties must provide a cost share as 
 32.18  reflected in the work program.  This 
 32.19  appropriation is available until June 
 32.20  30, 2006, at which time the project 
 32.21  must be completed and final products 
 32.22  delivered, unless an earlier date is 
 32.23  specified in the work program. 
 32.24  (c) Mesabi Iron Range Geologic and 
 32.25  Hydrologic Map and Databases 
 32.26  $123,000 the first year and $123,000 
 32.27  the second year are from the trust 
 32.28  fund.  $58,000 the first year and 
 32.29  $57,000 the second year of this 
 32.30  appropriation are to the commissioner 
 32.31  of natural resources to develop a 
 32.32  database of hydrogeologic data across 
 32.33  the Mesabi iron range.  $65,000 the 
 32.34  first year and $66,000 the second year 
 32.35  are to the Minnesota geological survey 
 32.36  at the University of Minnesota for 
 32.37  geologic and hydrogeologic maps of the 
 32.38  Mesabi iron range. 
 32.39  Subd. 9.  Agriculture and Natural 
 32.40  Resource Industries                      311,000      311,000   
 32.41  Native Plants and Alternative Crops for 
 32.42  Water Quality 
 32.43  $311,000 the first year and $311,000 
 32.44  the second year are from the trust fund 
 32.45  to the board of water and soil 
 32.46  resources for agreements with the Blue 
 32.47  Earth river basin initiative and the 
 32.48  University of Minnesota to accelerate 
 32.49  the use of native plants and 
 32.50  alternative crops through easements, 
 32.51  demonstration, research, and 
 32.52  education.  This appropriation is 
 32.53  available until June 30, 2006, at which 
 32.54  time the project must be completed and 
 32.55  final products delivered, unless an 
 32.56  earlier date is specified in the work 
 32.57  program. 
 32.58  Subd. 10.  Energy                        630,000      110,000   
 32.59                Summary by Fund
 32.60  Trust Fund              111,000       110,000
 33.1   Oil Overcharge 
 33.2                          519,000         -0-    
 33.3   (a) Community Energy Development 
 33.4   Program 
 33.5   $519,000 is from the oil overcharge 
 33.6   money to the commissioner of 
 33.7   administration for transfer to the 
 33.8   commissioner of commerce to assist 
 33.9   communities in identifying 
 33.10  cost-effective energy projects and 
 33.11  developing locally owned wind energy 
 33.12  projects through local wind resource 
 33.13  assessment and financial assistance.  
 33.14  (b) Advancing Utilization of Manure 
 33.15  Methane Digester Electrical Generation 
 33.16  $111,000 the first year and $110,000 
 33.17  the second year are from the trust fund 
 33.18  to the commissioner of agriculture to 
 33.19  maximize use of manure methane 
 33.20  digesters by identifying compatible 
 33.21  waste streams and the feasibility of 
 33.22  microturbine and fuel cell technologies.
 33.23  Subd. 11.  Environmental Education       234,000       236,000  
 33.24  (a) Dodge Nature Center - Restoration 
 33.25  Plan 
 33.26  $41,000 the first year and $42,000 the 
 33.27  second year are from the trust fund to 
 33.28  the commissioner of natural resources 
 33.29  for an agreement with Dodge Nature 
 33.30  Center to restore up to 155 acres in 
 33.31  Mendota Heights. 
 33.32  (b) Bucks and Buckthorn:  Engaging 
 33.33  Young Hunters in Restoration 
 33.34  $127,000 the first year and $128,000 
 33.35  the second year are from the trust fund 
 33.36  to the commissioner of natural 
 33.37  resources for agreements with Great 
 33.38  River Greening, Minnesota Deer Hunters 
 33.39  Association, and the St. Croix 
 33.40  Watershed Research Station for a pilot 
 33.41  program linking hunting and habitat 
 33.42  restoration opportunities for youth. 
 33.43  (c) Putting Green Environmental 
 33.44  Adventure Park:  Sustainability 
 33.45  Education 
 33.46  $66,000 the first year and $66,000 the 
 33.47  second year are from the trust fund to 
 33.48  the commissioner of natural resources 
 33.49  for an agreement with Putting Green, 
 33.50  Inc. to construct educational exhibits 
 33.51  for up to nine putting green learning 
 33.52  stations in New Ulm. 
 33.53  Subd. 12.  Children's Environmental 
 33.54  Health                                   281,000      282,000   
 33.55  (a) Healthy Schools:  Indoor Air 
 33.56  Quality and Asthma Management 
 33.57  $84,000 the first year and $84,000 the 
 34.1   second year are from the trust fund to 
 34.2   the commissioner of health to assist 
 34.3   school districts with developing and 
 34.4   implementing effective indoor air 
 34.5   quality and asthma management plans. 
 34.6   (b) Economic-based Analysis of 
 34.7   Children's Environmental Health Risks 
 34.8   $47,000 the first year and $48,000 the 
 34.9   second year are from the trust fund to 
 34.10  the commissioner of health to assess 
 34.11  economic strategies for children's 
 34.12  environmental health risks. 
 34.13  (c) Continuous Indoor Air Quality 
 34.14  Monitoring in Minnesota Schools 
 34.15  $150,000 the first year and $150,000 
 34.16  the second year are from the trust fund 
 34.17  to the commissioner of natural 
 34.18  resources for an agreement with Schulte 
 34.19  Associates, LLC to provide continuous, 
 34.20  real-time indoor air quality monitoring 
 34.21  in at least six selected schools. 
 34.22  Subd. 13.  Data Availability 
 34.23  Requirements 
 34.24  (a) During the biennium ending June 30, 
 34.25  2005, data collected by the projects 
 34.26  funded under this section that have 
 34.27  value for planning and management of 
 34.28  natural resource, emergency 
 34.29  preparedness, and infrastructure 
 34.30  investments must conform to the 
 34.31  enterprise information architecture 
 34.32  developed by the office of technology.  
 34.33  Spatial data must conform to geographic 
 34.34  information system guidelines and 
 34.35  standards outlined in that architecture 
 34.36  and adopted by the Minnesota geographic 
 34.37  data clearinghouse at the land 
 34.38  management information center.  A 
 34.39  description of these data must be made 
 34.40  available on-line through the 
 34.41  clearinghouse, and the data themselves 
 34.42  must be accessible and free to the 
 34.43  public unless made private under the 
 34.44  Data Practices Act, Minnesota Statutes, 
 34.45  chapter 13.  
 34.46  (b) To the extent practicable, summary 
 34.47  data and results of projects funded 
 34.48  under this section should be readily 
 34.49  accessible on the Internet. 
 34.50  (c) As part of project expenditures, 
 34.51  recipients of land acquisition 
 34.52  appropriations must provide the 
 34.53  information necessary to update public 
 34.54  recreation information maps to the 
 34.55  department of natural resources in the 
 34.56  specified form. 
 34.57  Subd. 14.  Project Requirements 
 34.58  It is a condition of acceptance of the 
 34.59  appropriations in this section that any 
 34.60  agency or entity receiving the 
 34.61  appropriation must comply with 
 35.1   Minnesota Statutes, chapter 116P, and 
 35.2   vegetation planted must be native to 
 35.3   Minnesota and preferably of the local 
 35.4   ecotype unless the work program 
 35.5   approved by the commission expressly 
 35.6   allows the planting of species that are 
 35.7   not native to Minnesota.  
 35.8   Subd. 15.  Match Requirements 
 35.9   Unless specifically authorized, 
 35.10  appropriations in this section that 
 35.11  must be matched and for which the match 
 35.12  has not been committed by December 31, 
 35.13  2003, are canceled, and in-kind 
 35.14  contributions may not be counted as 
 35.15  matching funds. 
 35.16  Subd. 16.  Payment Conditions and 
 35.17  Capital Equipment Expenditures 
 35.18  All agreements, grants, or contracts 
 35.19  referred to in this section must be 
 35.20  administered on a reimbursement basis.  
 35.21  Notwithstanding Minnesota Statutes, 
 35.22  section 16A.41, expenditures made on or 
 35.23  after July 1, 2003, or the date the 
 35.24  work program is approved, whichever is 
 35.25  later, are eligible for reimbursement 
 35.26  unless otherwise provided in this 
 35.27  section.  Payment must be made upon 
 35.28  receiving documentation that 
 35.29  project-eligible reimbursable amounts 
 35.30  have been expended, except that 
 35.31  reasonable amounts may be advanced to 
 35.32  projects in order to accommodate cash 
 35.33  flow needs.  The advances must be 
 35.34  approved as part of the work program.  
 35.35  No expenditures for capital equipment 
 35.36  are allowed unless expressly authorized 
 35.37  in the project work program. 
 35.38  Subd. 17.  Purchase of Recycled and 
 35.39  Recyclable Materials 
 35.40  A political subdivision, public or 
 35.41  private corporation, or other entity 
 35.42  that receives an appropriation in this 
 35.43  section must use the appropriation in 
 35.44  compliance with Minnesota Statutes, 
 35.45  sections 16B.121 and 16B.122, requiring 
 35.46  the purchase of recycled, repairable, 
 35.47  and durable materials; the purchase of 
 35.48  uncoated paper stock; and the use of 
 35.49  soy-based ink, the same as if it were a 
 35.50  state agency.  
 35.51  Subd. 18.  Energy Conservation 
 35.52  A recipient to whom an appropriation is 
 35.53  made in this section for a capital 
 35.54  improvement project shall ensure that 
 35.55  the project complies with the 
 35.56  applicable energy conservation 
 35.57  standards contained in law, including 
 35.58  Minnesota Statutes, sections 216C.19 
 35.59  and 216C.20, and rules adopted 
 35.60  thereunder.  The recipient may use the 
 35.61  energy planning, advocacy, and state 
 35.62  energy office units of the department 
 35.63  of commerce to obtain information and 
 36.1   technical assistance on energy 
 36.2   conservation and alternative energy 
 36.3   development relating to the planning 
 36.4   and construction of the capital 
 36.5   improvement project. 
 36.6   Subd. 19.  Accessibility 
 36.7   Structural and nonstructural facilities 
 36.8   must meet the design standards in the 
 36.9   Americans with Disability Act (ADA) 
 36.10  accessibility guidelines.  
 36.11  Subd. 20.  Carryforward 
 36.12  (a) The availability of the 
 36.13  appropriations for the following 
 36.14  projects is extended to June 30, 2004:  
 36.15  Laws 2001, First Special Session 
 36.16  chapter 2, section 14, subdivision 4, 
 36.17  paragraph (b), state fish hatchery 
 36.18  rehabilitation, paragraph (c), 
 36.19  enhancing Canada goose hunting and 
 36.20  management; subdivision 5, paragraph 
 36.21  (g), McQuade small craft harbor, 
 36.22  paragraph (i), Gateway trail bridge, 
 36.23  paragraph (p), state park and 
 36.24  recreation area acquisition, paragraph 
 36.25  (q), LAWCON; subdivision 6, paragraph 
 36.26  (d), determination of fecal pollution 
 36.27  sources in Minnesota; subdivision 7, 
 36.28  paragraph (e), Lake Superior Lakewide 
 36.29  Management Plan (LaMP); subdivision 8, 
 36.30  paragraph (b), agricultural land 
 36.31  preservation, paragraph (d), 
 36.32  accelerated technology transfer for 
 36.33  starch-based plastics; and subdivision 
 36.34  9, improving air quality by using 
 36.35  biodiesel in generators. 
 36.36  (b) The availability of the 
 36.37  appropriation from the trust fund for 
 36.38  the following project is extended to 
 36.39  June 30, 2004:  Laws 2001, First 
 36.40  Special Session chapter 2, section 14, 
 36.41  subdivision 3, paragraph (a), 
 36.42  legislative commission on Minnesota 
 36.43  resources.  During the 2004-2005 
 36.44  biennium the legislative commission on 
 36.45  Minnesota resources is not subject to 
 36.46  the limitation in uses of funds 
 36.47  provided under Minnesota Statutes, 
 36.48  section 16A.281. 
 36.49  (c) The availability of the 
 36.50  appropriation for the following project 
 36.51  is extended to June 30, 2005:  Laws 
 36.52  2001, First Special Session chapter 2, 
 36.53  section 14, subdivision 5, paragraph 
 36.54  (k), Gitchi-Gami state trail; and 
 36.55  subdivision 7, paragraph (a), hydraulic 
 36.56  impacts of quarries and gravel pits. 
 36.57  Subd. 21.  Future Resources Funds 
 36.58  Minnesota future resources fund 
 36.59  appropriations remaining from 
 36.60  appropriations in Laws 1999, chapter 
 36.61  231, section 16; and Laws 2001, First 
 36.62  Special Session chapter 2, section 14, 
 36.63  as amended in subdivision 19 are 
 37.1   continued to the date of their 
 37.2   availability in law. 
 37.3   Any projects with dollars appropriated 
 37.4   from the Minnesota future resources 
 37.5   fund prior to July 1, 2003, continue to 
 37.6   be subject to the requirements of 
 37.7   Minnesota Statutes, chapter 116P. 
 37.8      Sec. 10.  [FUND TRANSFER.] 
 37.9      (a) By June 30, 2003, the commissioner of the pollution 
 37.10  control agency shall transfer $11,000,000 from the unreserved 
 37.11  balance of the solid waste fund to the commissioner of finance 
 37.12  for cancellation to the general fund. 
 37.13     (b) The commissioner of the pollution control agency shall 
 37.14  transfer $5,000,000 before July 30, 2003, and $5,000,000 before 
 37.15  July 30, 2004, from the unreserved balance of the environmental 
 37.16  fund to the commissioner of finance for cancellation to the 
 37.17  general fund. 
 37.18     (c) By June 30, 2005, the commissioner of the pollution 
 37.19  control agency shall transfer $1,370,000 from the environmental 
 37.20  fund to the commissioner of finance for cancellation to the 
 37.21  general fund. 
 37.22     (d) By June 30, 2007, the commissioner of the pollution 
 37.23  control agency shall transfer $1,370,000 from the environmental 
 37.24  fund to the commissioner of finance for cancellation to the 
 37.25  general fund. 
 37.26     (e) By June 30, 2004, the commissioner of the pollution 
 37.27  control agency shall transfer $9,905,000 from the metropolitan 
 37.28  landfill contingency action trust fund to the commissioner of 
 37.29  finance for cancellation to the general fund.  This is a onetime 
 37.30  transfer from the metropolitan landfill contingency action trust 
 37.31  fund to the general fund.  It is the intent of the legislature 
 37.32  to restore these funds to the metropolitan landfill contingency 
 37.33  action trust fund as revenues become available in the future to 
 37.34  ensure the state meets future financial obligations under 
 37.35  Minnesota Statutes, section 473.845. 
 37.36     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 37.37  following final enactment.  
 37.38     Sec. 11.  Minnesota Statutes 2002, section 17.4988, is 
 38.1   amended to read: 
 38.2      17.4988 [LICENSE AND INSPECTION FEES.] 
 38.3      Subdivision 1.  [REQUIREMENTS FOR ISSUANCE.] A permit or 
 38.4   license must be issued by the commissioner if the requirements 
 38.5   of law are met and the license and permit fees specified in this 
 38.6   section are paid. 
 38.7      Subd. 2.  [AQUATIC FARMING LICENSE.] (a) The annual fee for 
 38.8   an aquatic farming license is $70 $210. 
 38.9      (b) The aquatic farming license may contain endorsements 
 38.10  for the rights and privileges of the following licenses under 
 38.11  the game and fish laws.  The endorsement must be made upon 
 38.12  payment of the license fee prescribed in section 97A.475 for the 
 38.13  following licenses: 
 38.14     (1) minnow dealer license; 
 38.15     (2) minnow retailer license for sale of minnows as bait; 
 38.16     (3) minnow exporting license; 
 38.17     (4) aquatic farm vehicle endorsement, which includes a 
 38.18  minnow dealer vehicle license, a minnow retailer vehicle 
 38.19  license, an exporting minnow vehicle license, and a fish vendor 
 38.20  license; 
 38.21     (5) sucker egg taking license; and 
 38.22     (6) game fish packers license. 
 38.23     Subd. 3.  [INSPECTION FEES.] The fees for the following 
 38.24  inspections are:  
 38.25     (1) initial inspection of each water to be licensed, $50; 
 38.26     (2) fish health inspection and certification, $20 $60 plus 
 38.27  $100 $150 per lot thereafter; and 
 38.28     (3) initial inspection for containment and quarantine 
 38.29  facility inspections, $50 $100. 
 38.30     Subd. 4.  [AQUARIUM FACILITY.] (a) A person operating a 
 38.31  commercial aquarium facility must have a commercial aquarium 
 38.32  facility license issued by the commissioner if the facility 
 38.33  contains species of aquatic life that are for sale and that are 
 38.34  present in waters of the state.  The commissioner may require an 
 38.35  aquarium facility license for aquarium facilities importing or 
 38.36  holding species of aquatic life that are for sale and that are 
 39.1   not present in Minnesota if those species can survive in waters 
 39.2   of the state.  The fee for an aquarium facility license 
 39.3   is $19 $90. 
 39.4      (b) Game fish transferred by an aquarium facility must be 
 39.5   accompanied by a receipt containing the information required on 
 39.6   a shipping document by section 17.4985, subdivision 3, paragraph 
 39.7   (b). 
 39.8      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 39.9      Sec. 12.  Minnesota Statutes 2002, section 84.027, 
 39.10  subdivision 13, is amended to read: 
 39.11     Subd. 13.  [GAME AND FISH RULES.] (a) The commissioner of 
 39.12  natural resources may adopt rules under sections 97A.0451 to 
 39.13  97A.0459 and this subdivision that are authorized under: 
 39.14     (1) chapters 97A, 97B, and 97C to set open seasons and 
 39.15  areas, to close seasons and areas, to select hunters for areas, 
 39.16  to provide for tagging and registration of game, to prohibit or 
 39.17  allow taking of wild animals to protect a species, to prevent or 
 39.18  control wildlife disease, and to prohibit or allow importation, 
 39.19  transportation, or possession of a wild animal; 
 39.20     (2) sections 84.093, 84.15, and 84.152 to set seasons for 
 39.21  harvesting wild ginseng roots and wild rice and to restrict or 
 39.22  prohibit harvesting in designated areas; and 
 39.23     (3) section 84D.12 to designate prohibited exotic species, 
 39.24  regulated exotic species, unregulated exotic species, and 
 39.25  infested waters. 
 39.26     (b) If conditions exist that do not allow the commissioner 
 39.27  to comply with sections 97A.0451 to 97A.0459, the commissioner 
 39.28  may adopt a rule under this subdivision by submitting the rule 
 39.29  to the attorney general for review under section 97A.0455, 
 39.30  publishing a notice in the State Register and filing the rule 
 39.31  with the secretary of state and the legislative coordinating 
 39.32  commission, and complying with section 97A.0459, and including a 
 39.33  statement of the emergency conditions and a copy of the rule in 
 39.34  the notice.  The notice may be published after it is received 
 39.35  from the attorney general or five business days after it is 
 39.36  submitted to the attorney general, whichever is earlier. 
 40.1      (c) Rules adopted under paragraph (b) are effective upon 
 40.2   publishing in the State Register and may be effective up to 
 40.3   seven days before publishing and filing under paragraph (b), if: 
 40.4      (1) the commissioner of natural resources determines that 
 40.5   an emergency exists; 
 40.6      (2) the attorney general approves the rule; and 
 40.7      (3) for a rule that affects more than three counties the 
 40.8   commissioner publishes the rule once in a legal newspaper 
 40.9   published in Minneapolis, St. Paul, and Duluth, or for a rule 
 40.10  that affects three or fewer counties the commissioner publishes 
 40.11  the rule once in a legal newspaper in each of the affected 
 40.12  counties. 
 40.13     (d) Except as provided in paragraph (e), a rule published 
 40.14  under paragraph (c), clause (3), may not be effective earlier 
 40.15  than seven days after publication. 
 40.16     (e) A rule published under paragraph (c), clause (3), may 
 40.17  be effective the day the rule is published if the commissioner 
 40.18  gives notice and holds a public hearing on the rule within 15 
 40.19  days before publication. 
 40.20     (f) The commissioner shall attempt to notify persons or 
 40.21  groups of persons affected by rules adopted under paragraphs (b) 
 40.22  and (c) by public announcements, posting, and other appropriate 
 40.23  means as determined by the commissioner. 
 40.24     (g) Notwithstanding section 97A.0458, a rule adopted under 
 40.25  this subdivision is effective for the period stated in the 
 40.26  notice but not longer than 18 months after the rule is adopted. 
 40.27     Sec. 13.  Minnesota Statutes 2002, section 84.029, 
 40.28  subdivision 1, is amended to read: 
 40.29     Subdivision 1.  [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 
 40.30  AND OPERATION.] In addition to other lawful authority, the 
 40.31  commissioner of natural resources may establish, develop, 
 40.32  maintain, and operate recreational areas, including but not 
 40.33  limited to trails and canoe routes, for the use and enjoyment of 
 40.34  the public on any state-owned or leased land under the 
 40.35  commissioner's jurisdiction.  Each employee of the department of 
 40.36  natural resources, while engaged in employment in connection 
 41.1   with such recreational areas, has and possesses the authority 
 41.2   and power of a peace officer when so designated by the 
 41.3   commissioner The commissioner may employ and designate 
 41.4   individuals according to section 85.04 to enforce laws governing 
 41.5   the use of recreational areas. 
 41.6      Sec. 14.  Minnesota Statutes 2002, section 84.085, 
 41.7   subdivision 1, is amended to read: 
 41.8      Subdivision 1.  [AUTHORITY.] (a) The commissioner of 
 41.9   natural resources may accept for and on behalf of the state any 
 41.10  gift, bequest, devise, or grants of lands or interest in lands 
 41.11  or personal property of any kind or of money tendered to the 
 41.12  state for any purpose pertaining to the activities of the 
 41.13  department or any of its divisions.  Any money so received is 
 41.14  hereby appropriated and dedicated for the purpose for which it 
 41.15  is granted.  Lands and interests in lands so received may be 
 41.16  sold or exchanged as provided in chapter 94.  
 41.17     (b) The commissioner of natural resources, on behalf of the 
 41.18  state, may accept and use grants of money or property from the 
 41.19  United States or other grantors for conservation purposes not 
 41.20  inconsistent with the laws of this state.  Any money or property 
 41.21  so received is hereby appropriated and dedicated for the 
 41.22  purposes for which it is granted, and shall be expended or used 
 41.23  solely for such purposes in accordance with the federal laws and 
 41.24  regulations pertaining thereto, subject to applicable state laws 
 41.25  and rules as to manner of expenditure or use providing that the 
 41.26  commissioner may make subgrants of any money received to other 
 41.27  agencies, units of local government, private individuals, 
 41.28  private organizations, and private nonprofit corporations.  
 41.29  Appropriate funds and accounts shall be maintained by the 
 41.30  commissioner of finance to secure compliance with this section. 
 41.31     (c) The commissioner may accept for and on behalf of the 
 41.32  permanent school fund a donation of lands, interest in lands, or 
 41.33  improvements on lands.  A donation so received shall become 
 41.34  state property, be classified as school trust land as defined in 
 41.35  section 92.025, and be managed consistent with section 127A.31. 
 41.36     Sec. 15.  Minnesota Statutes 2002, section 84.091, 
 42.1   subdivision 2, is amended to read: 
 42.2      Subd. 2.  [LICENSE REQUIRED; EXCEPTION.] (a) Except as 
 42.3   provided in paragraph (b), a person may not harvest, buy, sell, 
 42.4   transport, or possess aquatic plants without a license required 
 42.5   under this chapter.  A license shall be issued in the same 
 42.6   manner as provided under the game and fish laws. 
 42.7      (b) A resident under the age of 16 18 years may harvest 
 42.8   wild rice without a license, if accompanied by a person with a 
 42.9   wild rice license. 
 42.10     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 42.11     Sec. 16.  Minnesota Statutes 2002, section 84.091, 
 42.12  subdivision 3, is amended to read: 
 42.13     Subd. 3.  [LICENSE FEES.] (a) The fees for the following 
 42.14  licenses, to be issued to residents only, are: 
 42.15     (1) for harvesting wild rice, $12.50: 
 42.16     (i) for a season, $25; and 
 42.17     (ii) for one day, $15; 
 42.18     (2) for buying and selling wild ginseng, $5; 
 42.19     (3) for a wild rice dealer's license to buy and sell 50,000 
 42.20  pounds or less, $70; and 
 42.21     (4) for a wild rice dealer's license to buy and sell more 
 42.22  than 50,000 pounds, $250.  
 42.23     (b) The fee for a nonresident one-day license to harvest 
 42.24  wild rice is $30. 
 42.25     (c) The weight of the wild rice shall be determined in its 
 42.26  raw state.  
 42.27     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 42.28     Sec. 17.  Minnesota Statutes 2002, section 84.0911, is 
 42.29  amended to read: 
 42.30     84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 
 42.31     Subdivision 1.  [ESTABLISHMENT ACCOUNT ESTABLISHED.] The 
 42.32  wild rice management account is established as an account in the 
 42.33  state treasury game and fish fund. 
 42.34     Subd. 2.  [RECEIPTS.] Money received from the sale of wild 
 42.35  rice licenses issued by the commissioner under section 84.091, 
 42.36  subdivision 3, paragraph (a), clauses (1) and, (3), and (4), and 
 43.1   subdivision 3, paragraph (b), shall be credited to the wild rice 
 43.2   management account.  
 43.3      Subd. 3.  [USE OF MONEY IN ACCOUNT.] (a) Money in the wild 
 43.4   rice management account shall be used by is annually 
 43.5   appropriated to the commissioner and shall be used for 
 43.6   management of designated public waters to improve natural wild 
 43.7   rice production. 
 43.8      (b) Money that is not appropriated from the wild rice 
 43.9   management account does not cancel but shall remain in the wild 
 43.10  rice management account until appropriated. 
 43.11     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 43.12     Sec. 18.  [84.771] [OFF-HIGHWAY VEHICLE DEFINITION.] 
 43.13     For the purposes of sections 84.771 to 84.930, "off-highway 
 43.14  vehicle" means an off-highway motorcycle, as defined under 
 43.15  section 84.787, subdivision 7; an off-road vehicle, as defined 
 43.16  under section 84.797, subdivision 7; or an all-terrain vehicle, 
 43.17  as defined under section 84.92, subdivision 8. 
 43.18     Sec. 19.  [84.773] [RESTRICTIONS ON OPERATION.] 
 43.19     A person may not intentionally operate an off-highway 
 43.20  vehicle: 
 43.21     (1) on a trail on public land that is designated for 
 43.22  nonmotorized use only; 
 43.23     (2) on restricted areas within public lands that are posted 
 43.24  or where gates or other clearly visible structures are placed to 
 43.25  prevent unauthorized motorized vehicle access; or 
 43.26     (3) except as specifically authorized by law or rule 
 43.27  adopted by the commissioner, in:  type 3, 4, 5, and 8 wetlands 
 43.28  or unfrozen public waters, as defined in section 103G.005; in a 
 43.29  state park; in a scientific and natural area; or in a wildlife 
 43.30  management area. 
 43.31     Sec. 20.  [84.775] [OFF-HIGHWAY VEHICLE CIVIL CITATIONS.] 
 43.32     Subdivision 1.  [CIVIL CITATION; AUTHORITY TO ISSUE.] (a) A 
 43.33  conservation officer or other licensed peace officer may issue a 
 43.34  civil citation to a person who operates: 
 43.35     (1) an off-highway motorcycle in violation of sections 
 43.36  84.773; 84.777; 84.788 to 84.795; or 84.90; 
 44.1      (2) an off-road vehicle in violation of sections 84.773; 
 44.2   84.777; 84.798 to 84.804; or 84.90; or 
 44.3      (3) an all-terrain vehicle in violation of sections 84.773; 
 44.4   84.777; 84.90; or 84.922 to 84.928.  
 44.5      (b) A civil citation shall require restitution for public 
 44.6   and private property damage and impose a penalty of no more than 
 44.7   $100 for the first offense, no more than $200 for the second 
 44.8   offense, and no more than $500 for third and subsequent 
 44.9   offenses.  If the peace officer determines that there is damage 
 44.10  to property requiring restitution, the commissioner must send a 
 44.11  written explanation of the extent of the damage and the cost of 
 44.12  the repair by first class mail to the address provided by the 
 44.13  person receiving the citation within 15 days of the date of the 
 44.14  citation. 
 44.15     Subd. 2.  [APPEALS.] Civil citations issued under 
 44.16  subdivision 1 may be appealed according to section 116.072, if 
 44.17  the recipient of the citation requests a hearing by notifying 
 44.18  the commissioner in writing within 30 days after receipt of the 
 44.19  citation or, if applicable, within 15 days after the date of 
 44.20  mailing the explanation of restitution.  For the purposes of 
 44.21  this section, the terms "commissioner" and "agency" as used in 
 44.22  section 116.072 mean the commissioner of natural resources.  If 
 44.23  a hearing is not requested within the 30-day period, the 
 44.24  citation becomes a final order not subject to further review.  
 44.25     Subd. 3.  [ENFORCEMENT.] Civil citations issued under 
 44.26  subdivision 1 may be enforced under section 116.072, subdivision 
 44.27  9.  Penalty amounts must be remitted within 30 days of issuance 
 44.28  of the citation. 
 44.29     Subd. 4.  [ALLOCATION OF PENALTY AMOUNTS.] Penalty amounts 
 44.30  collected from civil citations issued under this section must be 
 44.31  paid to the treasury of the unit of government employing the 
 44.32  officer that issued the civil citation.  Penalties retained by 
 44.33  the commissioner shall be credited as follows:  to the 
 44.34  off-highway motorcycle account under section 84.794 for 
 44.35  citations involving off-highway motorcycles; to the off-road 
 44.36  vehicle account under section 84.803 for citations involving 
 45.1   off-road vehicles; or to the all-terrain vehicle account under 
 45.2   section 84.927 for citations involving all-terrain vehicles.  
 45.3   Penalty amounts credited under this subdivision are dedicated 
 45.4   for the enforcement of off-highway vehicle laws.  
 45.5      Subd. 5.  [SELECTION OF REMEDY.] A peace officer may not 
 45.6   seek both civil and misdemeanor penalties for offenses listed in 
 45.7   subdivision 1. 
 45.8      Sec. 21.  [84.777] [OFF-HIGHWAY VEHICLE USE OF STATE LANDS 
 45.9   RESTRICTED.] 
 45.10     (a) Except as otherwise allowed by law or rules adopted by 
 45.11  the commissioner, effective June 1, 2003, notwithstanding 
 45.12  sections 84.787 to 84.805 and 84.92 to 84.929, the use of 
 45.13  off-highway vehicles is prohibited on state land administered by 
 45.14  the commissioner of natural resources, and on 
 45.15  county-administered forest land within the boundaries of a state 
 45.16  forest, except on roads and trails specifically designated and 
 45.17  posted by the commissioner for use by off-highway vehicles. 
 45.18     (b) Paragraph (a) does not apply to county-administered 
 45.19  land within a state forest if the county board adopts a 
 45.20  resolution that modifies restrictions on the use of off-highway 
 45.21  vehicles on county-administered land within the forest. 
 45.22     Sec. 22.  [84.780] [OFF-HIGHWAY VEHICLE DAMAGE ACCOUNT.] 
 45.23     (a) The off-highway vehicle damage account is created in 
 45.24  the natural resources fund.  Money in the off-highway vehicle 
 45.25  damage account is appropriated to the commissioner of natural 
 45.26  resources for the repair or restoration of property damaged by 
 45.27  the operation of off-highway vehicles in an unpermitted area 
 45.28  after August 1, 2003, and for the costs of administration for 
 45.29  this section.  Before the commissioner may make a payment from 
 45.30  this account, the commissioner must determine whether the damage 
 45.31  to the property was caused by the unpermitted use of off-highway 
 45.32  vehicles, that the applicant has made reasonable efforts to 
 45.33  identify the responsible individual and obtain payment from the 
 45.34  individual, and that the applicant has made reasonable efforts 
 45.35  to prevent reoccurrence.  By June 30, 2005, the commissioner of 
 45.36  finance must transfer the remaining balance in the account to 
 46.1   the off-highway motorcycle account under section 84.794, the 
 46.2   off-road vehicle account under section 84.803, and the 
 46.3   all-terrain vehicle account under section 84.927.  The amount 
 46.4   transferred to each account must be proportionate to the amounts 
 46.5   received in the damage account from the relevant off-highway 
 46.6   vehicle accounts. 
 46.7      (b) This section expires July 1, 2005. 
 46.8      Sec. 23.  Minnesota Statutes 2002, section 84.788, 
 46.9   subdivision 2, is amended to read: 
 46.10     Subd. 2.  [EXEMPTIONS.] Registration is not required for 
 46.11  off-highway motorcycles:  
 46.12     (1) owned and used by the United States, the state, another 
 46.13  state, or a political subdivision; 
 46.14     (2) registered in another state or country that have not 
 46.15  been within this state for more than 30 consecutive days; or 
 46.16     (3) used exclusively in organized track racing events; 
 46.17     (4) being used on private land with the permission of the 
 46.18  landowner; or 
 46.19     (5) registered under chapter 168, when operated on forest 
 46.20  roads to gain access to a state forest campground. 
 46.21     Sec. 24.  Minnesota Statutes 2002, section 84.788, 
 46.22  subdivision 3, is amended to read: 
 46.23     Subd. 3.  [APPLICATION; ISSUANCE; REPORTS.] (a) Application 
 46.24  for registration or continued registration must be made to the 
 46.25  commissioner or an authorized deputy registrar of motor vehicles 
 46.26  in a form prescribed by the commissioner.  The form must state 
 46.27  the name and address of every owner of the off-highway 
 46.28  motorcycle. 
 46.29     (b) A person who purchases from a retail dealer an 
 46.30  off-highway motorcycle that is intended to be operated on public 
 46.31  lands or waters shall make application for registration to the 
 46.32  dealer at the point of sale.  The dealer shall issue a temporary 
 46.33  ten-day registration permit to each purchaser who applies to the 
 46.34  dealer for registration.  The dealer shall submit the completed 
 46.35  registration applications and fees to the deputy registrar at 
 46.36  least once each week.  No fee may be charged by a dealer to a 
 47.1   purchaser for providing the temporary permit. 
 47.2      (c) Upon receipt of the application and the appropriate 
 47.3   fee, the commissioner or deputy registrar shall issue to the 
 47.4   applicant, or provide to the dealer, a 60-day temporary receipt 
 47.5   and shall assign a registration number that must be affixed to 
 47.6   the motorcycle in a manner prescribed by the commissioner.  A 
 47.7   dealer subject to paragraph (b) shall provide the registration 
 47.8   materials and temporary receipt to the purchaser within the 
 47.9   ten-day temporary permit period. 
 47.10     (d) The commissioner shall develop a registration system to 
 47.11  register vehicles under this section.  A deputy registrar of 
 47.12  motor vehicles acting under section 168.33, is also a deputy 
 47.13  registrar of off-highway motorcycles.  The commissioner of 
 47.14  natural resources in agreement with the commissioner of public 
 47.15  safety may prescribe the accounting and procedural requirements 
 47.16  necessary to ensure efficient handling of registrations and 
 47.17  registration fees.  Deputy registrars shall strictly comply with 
 47.18  the accounting and procedural requirements.  
 47.19     (e) A fee of $2 In addition to other fees prescribed by 
 47.20  law, a filing fee of $4.50 is charged for each off-highway 
 47.21  motorcycle registration renewal, duplicate or replacement 
 47.22  registration card, and replacement decal and a filing fee of $7 
 47.23  is charged for each off-highway motorcycle registered 
 47.24  registration and registration transfer issued by: 
 47.25     (1) a deputy registrar and must be deposited in the 
 47.26  treasury of the jurisdiction where the deputy is appointed, or 
 47.27  kept if the deputy is not a public official; or 
 47.28     (2) the commissioner and must be deposited in the state 
 47.29  treasury and credited to the off-highway motorcycle account. 
 47.30     Sec. 25.  Minnesota Statutes 2002, section 84.798, 
 47.31  subdivision 3, is amended to read: 
 47.32     Subd. 3.  [APPLICATION; ISSUANCE.] (a) Application for 
 47.33  registration or continued registration must be made to the 
 47.34  commissioner, or an authorized deputy registrar of motor 
 47.35  vehicles in a form prescribed by the commissioner.  The form 
 47.36  must state the name and address of every owner of the off-road 
 48.1   vehicle.  Upon receipt of the application and the appropriate 
 48.2   fee, the commissioner shall register the off-road vehicle and 
 48.3   assign a registration number that must be affixed to the vehicle 
 48.4   in accordance with subdivision 4.  
 48.5      (b) A deputy registrar of motor vehicles acting under 
 48.6   section 168.33 is also a deputy registrar of off-road vehicles.  
 48.7   The commissioner of natural resources in cooperation with the 
 48.8   commissioner of public safety may prescribe the accounting and 
 48.9   procedural requirements necessary to ensure efficient handling 
 48.10  of registrations and registration fees.  Deputy registrars shall 
 48.11  strictly comply with the accounting and procedural 
 48.12  requirements.  A fee of $2 In addition to other fees prescribed 
 48.13  by law must be, a filing fee of $4.50 is charged for each 
 48.14  off-road vehicle registration renewal, duplicate or replacement 
 48.15  registration card, and replacement decal and a filing fee of $7 
 48.16  is charged for each off-road vehicle registered registration and 
 48.17  registration transfer issued by: 
 48.18     (1) a deputy registrar and must be deposited in the 
 48.19  treasury of the jurisdiction where the deputy is appointed, or 
 48.20  retained if the deputy is not a public official; or 
 48.21     (2) the commissioner and must be deposited in the state 
 48.22  treasury and credited to the off-road vehicle account. 
 48.23     Sec. 26.  Minnesota Statutes 2002, section 84.803, 
 48.24  subdivision 2, is amended to read: 
 48.25     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 48.26  legislature, money in the off-road vehicle account may only be 
 48.27  spent for: 
 48.28     (1) administration, enforcement, and implementation of 
 48.29  sections 84.797 84.773 to 84.805 and Laws 1993, chapter 311, 
 48.30  article 2, section 18; 
 48.31     (2) acquisition, maintenance, and development of off-road 
 48.32  vehicle trails and use areas; 
 48.33     (3) grant-in-aid programs to counties and municipalities to 
 48.34  construct and maintain off-road vehicle trails and use areas; 
 48.35  and 
 48.36     (4) grants-in-aid to local safety programs; and 
 49.1      (5) enforcement and public education grants to local law 
 49.2   enforcement agencies. 
 49.3      Sec. 27.  [84.901] [OFF-HIGHWAY VEHICLE SAFETY AND 
 49.4   CONSERVATION PROGRAM.] 
 49.5      Subdivision 1.  [CREATION.] The commissioner of natural 
 49.6   resources shall establish a program to promote the safe and 
 49.7   responsible operation of off-highway vehicles in a manner that 
 49.8   does not harm the environment.  The commissioner shall 
 49.9   coordinate the program through the regional offices of the 
 49.10  department of natural resources. 
 49.11     Subd. 2.  [PURPOSE.] The purpose of the program is to 
 49.12  encourage off-highway vehicle clubs to assist, on a volunteer 
 49.13  basis, in improving, maintaining, and monitoring of trails on 
 49.14  state forest land and other public lands. 
 49.15     Subd. 3.  [AGREEMENTS.] (a) The commissioner shall enter 
 49.16  into informal agreements with off-highway vehicle clubs for 
 49.17  volunteer services to maintain, make improvements to, and 
 49.18  monitor trails on state forest land and other public lands.  The 
 49.19  off-highway vehicle clubs shall promote the operation of 
 49.20  off-highway vehicles in a safe and responsible manner that 
 49.21  complies with the laws and rules that relate to the operation of 
 49.22  off-highway vehicles. 
 49.23     (b) The off-highway vehicle clubs may provide assistance to 
 49.24  the department in locating, recruiting, and training instructors 
 49.25  for off-highway vehicle training programs. 
 49.26     (c) The commissioner may provide assistance to enhance the 
 49.27  comfort and safety of volunteers and to facilitate the 
 49.28  implementation and administration of the safety and conservation 
 49.29  program. 
 49.30     Subd. 4.  [WORKER DISPLACEMENT PROHIBITED.] The 
 49.31  commissioner may not enter into any agreement that has the 
 49.32  purpose of or results in the displacement of public employees by 
 49.33  volunteers participating in the off-highway safety and 
 49.34  conservation program under this section.  The commissioner must 
 49.35  certify to the appropriate bargaining agent that the work 
 49.36  performed by a volunteer will not result in the displacement of 
 50.1   currently employed workers or workers on seasonal layoff or 
 50.2   layoff from a substantially equivalent position, including 
 50.3   partial displacement such as reduction in hours of nonovertime 
 50.4   work, wages, or other employment benefits. 
 50.5      Sec. 28.  Minnesota Statutes 2002, section 84.92, 
 50.6   subdivision 8, is amended to read: 
 50.7      Subd. 8.  [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 
 50.8   "vehicle" means a motorized flotation-tired vehicle of not less 
 50.9   than three low pressure tires, but not more than six tires, that 
 50.10  is limited in engine displacement of less than 800 cubic 
 50.11  centimeters and total dry weight less than 800 900 pounds. 
 50.12     Sec. 29.  Minnesota Statutes 2002, section 84.922, 
 50.13  subdivision 2, is amended to read: 
 50.14     Subd. 2.  [APPLICATION, ISSUANCE, REPORTS.] (a) Application 
 50.15  for registration or continued registration shall be made to the 
 50.16  commissioner of natural resources, the commissioner of public 
 50.17  safety or an authorized deputy registrar of motor vehicles in a 
 50.18  form prescribed by the commissioner.  The form must state the 
 50.19  name and address of every owner of the vehicle.  
 50.20     (b) A person who purchases an all-terrain vehicle from a 
 50.21  retail dealer shall make application for registration to the 
 50.22  dealer at the point of sale.  The dealer shall issue a temporary 
 50.23  ten-day registration permit to each purchaser who applies to the 
 50.24  dealer for registration.  The dealer shall submit the completed 
 50.25  registration application and fees to the deputy registrar at 
 50.26  least once each week.  No fee may be charged by a dealer to a 
 50.27  purchaser for providing the temporary permit. 
 50.28     (c) Upon receipt of the application and the appropriate 
 50.29  fee, the commissioner or deputy registrar shall issue to the 
 50.30  applicant, or provide to the dealer, a 60-day temporary receipt 
 50.31  and shall assign a registration number that must be affixed to 
 50.32  the vehicle in a manner prescribed by the commissioner.  A 
 50.33  dealer subject to paragraph (b) shall provide the registration 
 50.34  materials and temporary receipt to the purchaser within the 
 50.35  ten-day temporary permit period.  The commissioner shall use the 
 50.36  snowmobile registration system to register vehicles under this 
 51.1   section.  
 51.2      (d) Each deputy registrar of motor vehicles acting under 
 51.3   section 168.33, is also a deputy registrar of all-terrain 
 51.4   vehicles.  The commissioner of natural resources in agreement 
 51.5   with the commissioner of public safety may prescribe the 
 51.6   accounting and procedural requirements necessary to assure 
 51.7   efficient handling of registrations and registration fees. 
 51.8   Deputy registrars shall strictly comply with the accounting and 
 51.9   procedural requirements.  
 51.10     (e) A fee of $2 In addition to other fees prescribed by law 
 51.11  shall be, a filing fee of $4.50 is charged for each all-terrain 
 51.12  vehicle registration renewal, duplicate or replacement 
 51.13  registration card, and replacement decal and a filing fee of $7 
 51.14  is charged for each all-terrain vehicle registered registration 
 51.15  and registration transfer issued by: 
 51.16     (1) a deputy registrar and shall be deposited in the 
 51.17  treasury of the jurisdiction where the deputy is appointed, or 
 51.18  retained if the deputy is not a public official; or 
 51.19     (2) the commissioner and shall be deposited to the state 
 51.20  treasury and credited to the all-terrain vehicle account in the 
 51.21  natural resources fund. 
 51.22     Sec. 30.  Minnesota Statutes 2002, section 84.922, 
 51.23  subdivision 5, is amended to read: 
 51.24     Subd. 5.  [FEES FOR REGISTRATION.] (a) The fee for a 
 51.25  three-year registration of an all-terrain vehicle under this 
 51.26  section, other than those registered by a dealer or manufacturer 
 51.27  under paragraph (b) or (c), is:  
 51.28     (1) for public use before January 1, 2005, $18 $23; 
 51.29     (2) for public use on January 1, 2005, and after, $30; 
 51.30     (3) for private use, $6; and 
 51.31     (3) (4) for a duplicate or transfer, $4. 
 51.32     (b) The total registration fee for all-terrain vehicles 
 51.33  owned by a dealer and operated for demonstration or testing 
 51.34  purposes is $50 per year.  Dealer registrations are not 
 51.35  transferable. 
 51.36     (c) The total registration fee for all-terrain vehicles 
 52.1   owned by a manufacturer and operated for research, testing, 
 52.2   experimentation, or demonstration purposes is $150 per year.  
 52.3   Manufacturer registrations are not transferable.  
 52.4      (d) The fees collected under this subdivision must be 
 52.5   credited to the all-terrain vehicle account. 
 52.6      Sec. 31.  Minnesota Statutes 2002, section 84.926, is 
 52.7   amended to read: 
 52.8      84.926 [VEHICLE USE ALLOWED ON PUBLIC LANDS BY THE 
 52.9   COMMISSIONER.] 
 52.10     Notwithstanding section 84.777, on a case by case 
 52.11  basis, after notice and public hearing, the commissioner 
 52.12  may allow vehicles issue a permit authorizing a person to 
 52.13  operate an off-highway vehicle on individual public trails under 
 52.14  the commissioner's jurisdiction during specified times and for 
 52.15  specified purposes.  
 52.16     Sec. 32.  Minnesota Statutes 2002, section 84.927, 
 52.17  subdivision 2, is amended to read: 
 52.18     Subd. 2.  [PURPOSES.] Subject to appropriation by the 
 52.19  legislature, money in the all-terrain vehicle account may only 
 52.20  be spent for:  
 52.21     (1) the education and training program under section 
 52.22  84.925; 
 52.23     (2) administration, enforcement, and implementation of 
 52.24  sections 84.92 84.773 to 84.929 and Laws 1984, chapter 647, 
 52.25  sections 9 and 10; 
 52.26     (3) acquisition, maintenance, and development of vehicle 
 52.27  trails and use areas; 
 52.28     (4) grant-in-aid programs to counties and municipalities to 
 52.29  construct and maintain all-terrain vehicle trails and use areas; 
 52.30  and 
 52.31     (5) grants-in-aid to local safety programs; and 
 52.32     (6) enforcement and public education grants to local law 
 52.33  enforcement agencies. 
 52.34     The distribution of funds made available through 
 52.35  grant-in-aid programs must be guided by the statewide 
 52.36  comprehensive outdoor recreation plan. 
 53.1      Sec. 33.  Minnesota Statutes 2002, section 84.928, 
 53.2   subdivision 1, is amended to read: 
 53.3      Subdivision 1.  [OPERATION ON ROADS AND RIGHTS-OF-WAY.] (a) 
 53.4   Unless otherwise allowed in sections 84.92 to 84.929, a person 
 53.5   shall not operate an all-terrain vehicle in this state along or 
 53.6   on the roadway, shoulder, or inside bank or slope of a public 
 53.7   road right-of-way of a trunk, county state-aid, or county 
 53.8   highway other than in the ditch or the outside bank or slope of 
 53.9   a trunk, county state-aid, or county highway in this state 
 53.10  unless otherwise allowed in sections 84.92 to 84.929 unless 
 53.11  prohibited under paragraph (b). 
 53.12     (b) A road authority as defined under section 160.02, 
 53.13  subdivision 25, may after a public hearing restrict the use of 
 53.14  all-terrain vehicles in the ditch or outside bank or slope of a 
 53.15  public road right-of-way under its jurisdiction. 
 53.16     (c) The commissioner may limit the use of a right-of-way 
 53.17  for a period of time if the commissioner determines that use of 
 53.18  the right-of-way causes: 
 53.19     (1) degradation of vegetation on adjacent public property; 
 53.20     (2) siltation of waters of the state; 
 53.21     (3) impairment or enhancement to the act of taking game; or 
 53.22     (4) a threat to safety of the right-of-way users or to 
 53.23  individuals on adjacent public property. 
 53.24     (d) The commissioner must notify the road authority as soon 
 53.25  as it is known that a closure will be ordered.  The notice must 
 53.26  state the reasons and duration of the closure. 
 53.27     (b) (e) A person may operate an all-terrain vehicle 
 53.28  registered for private use and used for agricultural purposes on 
 53.29  a public road right-of-way of a trunk, county state-aid, or 
 53.30  county highway in this state if the all-terrain vehicle is 
 53.31  operated on the extreme right-hand side of the road, and left 
 53.32  turns may be made from any part of the road if it is safe to do 
 53.33  so under the prevailing conditions.  
 53.34     (c) (f) A person shall not operate an all-terrain vehicle 
 53.35  within the public road right-of-way of a trunk, county 
 53.36  state-aid, or county highway from April 1 to August 1 in the 
 54.1   agricultural zone unless the vehicle is being used exclusively 
 54.2   as transportation to and from work on agricultural lands.  This 
 54.3   paragraph does not apply to an agent or employee of a road 
 54.4   authority, as defined in section 160.02, subdivision 25, or the 
 54.5   department of natural resources when performing or exercising 
 54.6   official duties or powers. 
 54.7      (d) (g) A person shall not operate an all-terrain vehicle 
 54.8   within the public road right-of-way of a trunk, county 
 54.9   state-aid, or county highway between the hours of one-half hour 
 54.10  after sunset to one-half hour before sunrise, except on the 
 54.11  right-hand side of the right-of-way and in the same direction as 
 54.12  the highway traffic on the nearest lane of the adjacent roadway. 
 54.13     (e) (h) A person shall not operate an all-terrain vehicle 
 54.14  at any time within the right-of-way of an interstate highway or 
 54.15  freeway within this state. 
 54.16     Sec. 34.  [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 
 54.17     (a) This section applies to grants-in-aid for motorized 
 54.18  trail construction and maintenance under sections 84.794, 
 54.19  84.803, 84.83, and 84.927. 
 54.20     (b) If the commissioner of natural resources determines 
 54.21  that a grant-in-aid recipient has violated any federal or state 
 54.22  law or any of the terms of the grant agreement with the 
 54.23  commissioner, the commissioner may withhold all grant payments 
 54.24  for any work occurring after the date the recipient was notified 
 54.25  of the violation and seek restitution for any property damage 
 54.26  caused by the violation. 
 54.27     (c) A grant-in-aid recipient may appeal the commissioner's 
 54.28  decision under paragraph (b) in a contested case hearing under 
 54.29  section 14.58. 
 54.30     Sec. 35.  [84.991] [MINNESOTA CONSERVATION CORPS.] 
 54.31     Subdivision 1.  [TRANSFER.] (a) The Minnesota conservation 
 54.32  corps is moved to the friends of the Minnesota conservation 
 54.33  corps, an existing nonprofit corporation under section 501(c)(3) 
 54.34  of the Internal Revenue Code of 1986, as amended, doing business 
 54.35  as the Minnesota conservation corps under the supervision of a 
 54.36  board of directors. 
 55.1      (b) The expenditure of state funds by the Minnesota 
 55.2   conservation corps is subject to audit by the legislative 
 55.3   auditor and regular annual report to the legislature in general 
 55.4   and specifically to the house of representatives and senate 
 55.5   committees with jurisdiction over environment and natural 
 55.6   resources policy and finance. 
 55.7      Subd. 2.  [STAFF; CORPS MEMBERS.] (a) Staff employed by the 
 55.8   Minnesota conservation corps are not state employees, but, at 
 55.9   the option of the board of directors of the nonprofit 
 55.10  corporation and at the expense of the corporation or its staff, 
 55.11  employees who are in the employ of the Minnesota conservation 
 55.12  corps on or before June 30, 2003, may continue to participate in 
 55.13  state retirement and deferred compensation, that apply to state 
 55.14  employees. 
 55.15     (b) Employment as a Minnesota conservation corps member is 
 55.16  noncovered employment for purposes of eligibility for 
 55.17  unemployment benefits under chapter 268. 
 55.18     (c) The Minnesota conservation corps is authorized to 
 55.19  continue to have staff and corps members participate in the 
 55.20  state of Minnesota workers' compensation program through the 
 55.21  department of natural resources.  Staff and corps members' claim 
 55.22  and administrative costs must be allocated and set annually by 
 55.23  the department of natural resources in a manner that is 
 55.24  consistent with how these costs are allocated across that 
 55.25  agency's operations.  The friends of the Minnesota conservation 
 55.26  corps shall establish and follow loss-control strategies that 
 55.27  are consistent with loss-control activities of the department of 
 55.28  natural resources.  In the event that the friends of the 
 55.29  Minnesota conservation corps becomes insolvent or cannot 
 55.30  otherwise fund its claim and administrative costs, liability for 
 55.31  these costs shall be assumed by the department of natural 
 55.32  resources. 
 55.33     (d) The Minnesota conservation corps is a training and 
 55.34  service program and exempt from Minnesota prevailing wage 
 55.35  guidelines. 
 55.36     Subd. 3.  [STATE AND OTHER AGENCY COLLABORATION.] The 
 56.1   departments of natural resources, agriculture, public safety, 
 56.2   transportation, and other appropriate state agencies must 
 56.3   constructively collaborate with the Minnesota conservation corps.
 56.4      Subd. 4.  [EQUIPMENT AND SERVICE PURCHASES; STATE 
 56.5   CONTRACTS.] The Minnesota conservation corps may purchase or 
 56.6   lease equipment and services, including fleet, through state 
 56.7   contracts administered by the commissioner of administration or 
 56.8   the department of natural resources. 
 56.9      Subd. 5.  [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 
 56.10  PROJECTS.] Each employing state or local agency must certify 
 56.11  that the assignment of Minnesota conservation corps members will 
 56.12  not result in the displacement of currently employed workers or 
 56.13  workers on seasonal layoff, including partial displacement such 
 56.14  as reduction in hours of nonovertime work, wages, or other 
 56.15  employment benefits.  Supervising agencies that participate in 
 56.16  the program may not terminate, lay off, reduce the seasonal 
 56.17  hours, or reduce the working hours of any employee for the 
 56.18  purpose of using a corps member with available funds.  The 
 56.19  positions and job duties of corps members employed in projects 
 56.20  shall be submitted to affected exclusive representatives prior 
 56.21  to actual assignment. 
 56.22     Subd. 6.  [JOINT POWERS.] Section 471.59 relating to joint 
 56.23  exercise of powers applies to the Minnesota conservation corps. 
 56.24     Sec. 36.  Minnesota Statutes 2002, section 84A.02, is 
 56.25  amended to read: 
 56.26     84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 
 56.27     (a) The department of natural resources shall manage and 
 56.28  control the Red Lake game preserve.  The department may adopt 
 56.29  and enforce rules for the care, preservation, protection, 
 56.30  breeding, propagation, and disposition of all species of 
 56.31  wildlife in the preserve.  The department may adopt and enforce 
 56.32  rules for the regulation, issuance, sale, and revocation of 
 56.33  special licenses or special permits for hunting, fishing, 
 56.34  camping, and other uses of this area, consistent with sections 
 56.35  84A.01 to 84A.11.  The department may by rule set the terms, 
 56.36  conditions, and charges for these licenses and permits. 
 57.1      (b) The rules may specify and control the terms under which 
 57.2   wildlife may be taken, captured, or killed in the preserve, and 
 57.3   under which fur-bearing animals, or animals and fish otherwise 
 57.4   having commercial value, may be taken, captured, trapped, 
 57.5   killed, sold, and removed from it.  These rules may also provide 
 57.6   for (1) the afforestation and reforestation of state lands in 
 57.7   the preserve, (2) the sale of merchantable timber from these 
 57.8   lands when, in the opinion of the department, it can be sold and 
 57.9   removed without damage or injury to the further use and 
 57.10  development of the land for wildlife and game in the preserve, 
 57.11  and (3) the purposes for which the preserve is established by 
 57.12  sections 84A.01 to 84A.11. 
 57.13     (c) The department may provide for the policing of the 
 57.14  preserve as necessary for its proper development and use for the 
 57.15  purposes specified.  Supervisors, guards, custodians, and 
 57.16  caretakers assigned to duty in the preserve have the powers of 
 57.17  peace officers while in their employment The commissioner of 
 57.18  natural resources may employ and designate individuals according 
 57.19  to section 85.04 to enforce laws governing the use of the 
 57.20  preserve. 
 57.21     (d) The department shall also adopt and enforce rules 
 57.22  concerning the burning of grass, timber slashings, and other 
 57.23  flammable matter, and the clearing, development, and use of 
 57.24  lands in the preserve as necessary to prevent forest fires and 
 57.25  grass fires that would injure the use and development of this 
 57.26  area for wildlife preservation and propagation and to protect 
 57.27  its forest and wooded areas. 
 57.28     (e) Lands within the preserve are subject to the rules, 
 57.29  whether owned by the state or privately, consistent with the 
 57.30  rights of the private owners and with applicable state law.  The 
 57.31  rules may establish areas and zones within the preserve where 
 57.32  hunting, fishing, trapping, or camping is prohibited or 
 57.33  specially regulated, to protect and propagate particular 
 57.34  wildlife in the preserve.  
 57.35     (f) Rules adopted under sections 84A.01 to 84A.11 must be 
 57.36  posted on the boundaries of the preserve.  
 58.1      Sec. 37.  Minnesota Statutes 2002, section 84A.21, is 
 58.2   amended to read: 
 58.3      84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 
 58.4      (a) The department shall manage and control each project 
 58.5   approved and accepted under section 84A.20.  The department may 
 58.6   adopt and enforce rules for the purposes in section 84A.20, 
 58.7   subdivision 1, for the prevention of forest fires in the 
 58.8   projects, and for the sale of merchantable timber from lands so 
 58.9   acquired by the state when, in the opinion of the department, 
 58.10  the timber may be sold and removed without damage to the project.
 58.11     (b) These rules may relate to the care, preservation, 
 58.12  protection, breeding, propagation, and disposition of any 
 58.13  species of wildlife in the project and the regulation, issuance, 
 58.14  sale, and revocation of special licenses or special permits for 
 58.15  hunting, fishing, camping, and other uses of the areas 
 58.16  consistent with applicable state law. 
 58.17     (c) The department may provide for the policing of each 
 58.18  project as needed for the proper development, use, and 
 58.19  protection of the project and its purposes.  Supervisors, 
 58.20  guards, custodians, and caretakers assigned to duty in any 
 58.21  project have the powers of peace officers while employed by the 
 58.22  department The commissioner of natural resources may employ and 
 58.23  designate individuals according to section 85.04 to enforce laws 
 58.24  governing the use of the projects. 
 58.25     (d) Lands within a project are subject to these rules, 
 58.26  whether owned by the state or privately, consistent with the 
 58.27  rights of the private owners or with applicable state law.  The 
 58.28  rules must be published once in one qualified newspaper in each 
 58.29  county affected and take effect after publication.  They must 
 58.30  also be posted on the boundaries of each project affected.  
 58.31     Sec. 38.  Minnesota Statutes 2002, section 84A.32, 
 58.32  subdivision 1, is amended to read: 
 58.33     Subdivision 1.  [RULES.] (a) The department shall manage 
 58.34  and control each project approved and accepted under section 
 58.35  84A.31.  The department may adopt and enforce rules for the 
 58.36  purposes in section 84A.31, subdivision 1, for the prevention of 
 59.1   forest fires in the projects, and for the sale of merchantable 
 59.2   timber from lands acquired by the state in the projects when, in 
 59.3   the opinion of the department, the timber may be sold and 
 59.4   removed without damage to the purposes of the projects.  Rules 
 59.5   must not interfere with, destroy, or damage any privately owned 
 59.6   property without just compensation being made to the owner of 
 59.7   the private property by purchase or in lawful condemnation 
 59.8   proceedings.  The rules may relate to the care, preservation, 
 59.9   protection, breeding, propagation, and disposition of any 
 59.10  species of wildlife in the projects and the regulation, 
 59.11  issuance, sale, and revocation of special licenses or special 
 59.12  permits for hunting, fishing, camping, or other uses of these 
 59.13  areas consistent with applicable state law. 
 59.14     (b) The department may provide for the policing of each 
 59.15  project as necessary for the proper development, use, and 
 59.16  protection of the project, and of its purpose.  Supervisors, 
 59.17  guards, custodians, and caretakers assigned to duty in a project 
 59.18  have the powers of peace officers while employed by the 
 59.19  department The commissioner of natural resources may employ and 
 59.20  designate individuals according to section 85.04 to enforce laws 
 59.21  governing the use of the projects. 
 59.22     (c) Lands within the project are subject to these rules, 
 59.23  whether owned by the state, or privately, consistent with the 
 59.24  constitutional rights of the private owners or with applicable 
 59.25  state law.  The department may exclude from the operation of the 
 59.26  rules any lands owned by private individuals upon which taxes 
 59.27  are delinquent for three years or less.  Rules must be published 
 59.28  once in the official newspaper of each county affected and take 
 59.29  effect 30 days after publication.  They must also be posted on 
 59.30  each of the four corners of each township of each project 
 59.31  affected. 
 59.32     (d) In the management, operation, and control of areas 
 59.33  taken for afforestation, reforestation, flood control projects, 
 59.34  and wild game and fishing reserves, nothing shall be done that 
 59.35  will in any manner obstruct or interfere with the operation of 
 59.36  ditches or drainage systems existing within the areas, or damage 
 60.1   or destroy existing roads or highways within these areas or 
 60.2   projects, unless the ditches, drainage systems, roads, or 
 60.3   highways are first taken under the right of eminent domain and 
 60.4   compensation made to the property owners and municipalities 
 60.5   affected and damaged.  Each area or project shall contribute 
 60.6   from the funds of the project, in proportion of the state land 
 60.7   within the project, for the construction and maintenance of 
 60.8   roads and highways necessary within the areas and projects to 
 60.9   give the settlers and private owners within them access to their 
 60.10  land.  The department may construct and maintain roads and 
 60.11  highways within the areas and projects as it considers necessary.
 60.12     Sec. 39.  Minnesota Statutes 2002, section 84A.55, 
 60.13  subdivision 8, is amended to read: 
 60.14     Subd. 8.  [POLICING.] The commissioner may police the game 
 60.15  preserves, areas, and projects as necessary to carry out this 
 60.16  section.  Persons assigned to the policing have the powers of 
 60.17  police officers while so engaged The commissioner may employ and 
 60.18  designate individuals according to section 85.04 to enforce laws 
 60.19  governing the use of the game preserves, areas, and projects. 
 60.20     Sec. 40.  [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL 
 60.21  PARK.] 
 60.22     (a) The governor may appoint, except for the legislative 
 60.23  members, a citizens council on Voyageurs National Park, 
 60.24  consisting of 17 members as follows: 
 60.25     (1) four residents of Koochiching county; 
 60.26     (2) four residents of St. Louis county; 
 60.27     (3) five residents of the state, at large, from outside 
 60.28  Koochiching and St. Louis counties; 
 60.29     (4) two members of the senate to be appointed by the 
 60.30  committee on committees; 
 60.31     (5) two members of the house of representatives to be 
 60.32  appointed by the speaker of the house. 
 60.33     (b) The governor shall designate one of the appointees to 
 60.34  serve as chair and the committee may elect other officers that 
 60.35  it considers necessary.  Members shall be appointed so as to 
 60.36  represent differing viewpoints and interest groups on the 
 61.1   facilities included in and around the park.  Legislative members 
 61.2   shall serve for the term of the legislative office to which they 
 61.3   were elected.  The terms, compensation and removal of 
 61.4   nonlegislative members of the council are as provided in section 
 61.5   15.059.  The council expires June 30, 2007. 
 61.6      (c) The executive committee of the council consists of the 
 61.7   legislative members and the chair.  The executive committee 
 61.8   shall act on matters of personnel, out-of-state trips by members 
 61.9   of the council, and nonroutine monetary issues. 
 61.10     (d) The committee shall conduct meetings and research into 
 61.11  all matters related to the establishment and operation of 
 61.12  Voyageurs National Park, and shall make such recommendations to 
 61.13  the United States National Park Service and other federal and 
 61.14  state agencies concerned regarding operation of the park as the 
 61.15  committee deems advisable.  A copy of each recommendation shall 
 61.16  be filed with the legislative reference library.  Subject to the 
 61.17  availability of legislative appropriation or other funding, the 
 61.18  committee may employ staff and may contract for consulting 
 61.19  services relating to matters within its authority. 
 61.20     (e) Money appropriated to provide the payments prescribed 
 61.21  by this section is appropriated to the commissioner of 
 61.22  administration. 
 61.23     Sec. 41.  Minnesota Statutes 2002, section 84D.14, is 
 61.24  amended to read: 
 61.25     84D.14 [EXEMPTIONS.] 
 61.26     This chapter does not apply to: 
 61.27     (1) pathogens and terrestrial arthropods regulated under 
 61.28  sections 18.44 to 18.61; or 
 61.29     (2) mammals and birds defined by statute as livestock. 
 61.30     Sec. 42.  Minnesota Statutes 2002, section 85.04, is 
 61.31  amended to read: 
 61.32     85.04 [ENFORCEMENT DIVISION EMPLOYEES AS PEACE OFFICERS.] 
 61.33     Subdivision 1.  [PEACE OFFICER EMPLOYMENT.] All 
 61.34  supervisors, guards, custodians, keepers, and caretakers The 
 61.35  commissioner of natural resources may employ peace officers as 
 61.36  defined under section 626.84, subdivision 1, paragraph (c), to 
 62.1   enforce laws governing the use of state parks, state monuments, 
 62.2   state recreation areas, and state waysides shall have and 
 62.3   possess the authority and powers of peace officers while in 
 62.4   their employment.  
 62.5      Subd. 2.  [OTHER EMPLOYEES.] Until August 1, 2004, the 
 62.6   commissioner of natural resources may designate certain 
 62.7   employees to enforce laws governing the use of state parks, 
 62.8   state monuments, state recreation areas, state waysides, and 
 62.9   state forest subareas.  The designation by the commissioner is 
 62.10  not subject to rulemaking under Minnesota Statutes, chapter 14. 
 62.11     Sec. 43.  Minnesota Statutes 2002, section 85.052, 
 62.12  subdivision 3, is amended to read: 
 62.13     Subd. 3.  [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 
 62.14  An individual using spaces in state parks under subdivision 1, 
 62.15  clause (2), shall be charged daily rates determined and set by 
 62.16  the commissioner in a manner and amount consistent with the type 
 62.17  of facility provided for the accommodation of guests in a 
 62.18  particular park and with similar facilities offered for tourist 
 62.19  camping and similar use in the area.  
 62.20     (b) The fee for special parking spurs, campgrounds for 
 62.21  automobiles, sites for tent camping, and special auto trailer 
 62.22  coach parking spaces is one-half of the fee set in paragraph (a) 
 62.23  on Sunday through Thursday of each week for a physically 
 62.24  handicapped person: 
 62.25     (1) an individual age 65 or over who is a resident of the 
 62.26  state and who furnishes satisfactory proof of age and residence; 
 62.27     (2) a physically handicapped person with a motor vehicle 
 62.28  that has special plates issued under section 168.021, 
 62.29  subdivision 1; or 
 62.30     (3) a physically handicapped person (2) who possesses a 
 62.31  certificate issued under section 169.345, subdivision 3.  
 62.32     Sec. 44.  Minnesota Statutes 2002, section 85.053, 
 62.33  subdivision 1, is amended to read: 
 62.34     Subdivision 1.  [FORM, ISSUANCE, VALIDITY.] (a) The 
 62.35  commissioner shall prepare and provide state park permits for 
 62.36  each calendar year that state a motor vehicle may enter and use 
 63.1   state parks, state recreation areas, and state waysides over 50 
 63.2   acres in area.  State park permits must be available and placed 
 63.3   on sale by October January 1 of the year preceding the calendar 
 63.4   year that the permit is valid.  A separate motorcycle permit may 
 63.5   be prepared and provided by the commissioner. 
 63.6      (b) An annual state park permit must be affixed when 
 63.7   purchased and may be used from the time it is affixed for a 
 63.8   12-month period.  State park permits in each category must be 
 63.9   numbered consecutively for each year of issue.  
 63.10     (c) State park permits shall be issued by employees of the 
 63.11  division of parks and recreation as designated by the 
 63.12  commissioner.  State park permits also may be consigned to and 
 63.13  issued by agents designated by the commissioner who are not 
 63.14  employees of the division of parks and recreation.  All proceeds 
 63.15  from the sale of permits and all unsold permits consigned to 
 63.16  agents shall be returned to the commissioner at such times as 
 63.17  the commissioner may direct, but no later than the end of the 
 63.18  calendar year for which the permits are effective.  No part of 
 63.19  the permit fee may be retained by an agent.  An additional 
 63.20  charge or fee in an amount to be determined by the commissioner, 
 63.21  but not to exceed four percent of the price of the permit, may 
 63.22  be collected and retained by an agent for handling or selling 
 63.23  the permits. 
 63.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
 63.25  following final enactment. 
 63.26     Sec. 45.  Minnesota Statutes 2002, section 85.055, 
 63.27  subdivision 1, is amended to read: 
 63.28     Subdivision 1.  [FEES.] The fee for state park permits for: 
 63.29     (1) an annual use of state parks is $20 $25; 
 63.30     (2) a second vehicle state park permit is $15 $18; 
 63.31     (3) a state park permit valid for one day is $4 $7; 
 63.32     (4) a daily vehicle state park permit for groups is $2 $5; 
 63.33     (5) an employee's state park permit is without charge; and 
 63.34     (6) a state park permit for handicapped persons under 
 63.35  section 85.053, subdivision 7, clauses (1) and (2), is $12. 
 63.36     The fees specified in this subdivision include any sales 
 64.1   tax required by state law. 
 64.2      Sec. 46.  Minnesota Statutes 2002, section 85A.02, 
 64.3   subdivision 17, is amended to read: 
 64.4      Subd. 17.  [ADDITIONAL POWERS.] (a) The board may establish 
 64.5   a schedule of charges for admission to or the use of the 
 64.6   Minnesota zoological garden or any related facility.  
 64.7   Notwithstanding section 16A.1283, legislative approval is not 
 64.8   required for the board to establish a schedule of charges for 
 64.9   admission or use of the Minnesota zoological garden or related 
 64.10  facilities.  The board shall have a policy admitting elementary 
 64.11  school children at no a reduced charge when they are part of an 
 64.12  organized school activity.  The Minnesota zoological garden will 
 64.13  offer free admission throughout the year to economically 
 64.14  disadvantaged Minnesota citizens equal to ten percent of the 
 64.15  average annual attendance.  However, the zoo may charge at any 
 64.16  time for parking, special services, and for admission to special 
 64.17  facilities for the education, entertainment, or convenience of 
 64.18  visitors. 
 64.19     (b) The board may provide for the purchase, reproduction, 
 64.20  and sale of gifts, souvenirs, publications, informational 
 64.21  materials, food and beverages, and grant concessions for the 
 64.22  sale of these items.  Notwithstanding subdivision 5b, section 
 64.23  16C.09 does not apply to activities authorized under this 
 64.24  paragraph. 
 64.25     Sec. 47.  Minnesota Statutes 2002, section 86B.415, 
 64.26  subdivision 8, is amended to read: 
 64.27     Subd. 8.  [REGISTRAR'S FEE.] In addition to the license fee 
 64.28  other fees prescribed by law, a filing fee of $2 $4.50 shall be 
 64.29  charged for a each watercraft license renewal, duplicate or 
 64.30  replacement license, and replacement decal and a filing fee of 
 64.31  $7 shall be charged for each watercraft license and license 
 64.32  transfer issued by: 
 64.33     (1) issued through the registrar or a deputy registrar of 
 64.34  motor vehicles and the additional fee shall be disposed of in 
 64.35  the manner provided in section 168.33, subdivision 2; or 
 64.36     (2) issued through the commissioner and the additional fee 
 65.1   shall be deposited in the state treasury and credited to the 
 65.2   water recreation account. 
 65.3      Sec. 48.  Minnesota Statutes 2002, section 86B.870, 
 65.4   subdivision 1, is amended to read: 
 65.5      Subdivision 1.  [FEES.] (a) The fee to be paid to the 
 65.6   commissioner: 
 65.7      (1) for issuing an original certificate of title, including 
 65.8   the concurrent notation of an assignment of the security 
 65.9   interest and its subsequent release or satisfaction, is $15; 
 65.10     (2) for each security interest when first noted upon a 
 65.11  certificate of title, including the concurrent notation of an 
 65.12  assignment of the security interest and its subsequent release 
 65.13  or satisfaction, is $10; 
 65.14     (3) for transferring the interest of an owner and issuing a 
 65.15  new certificate of title, is $10; 
 65.16     (4) for each assignment of a security interest when first 
 65.17  noted on a certificate of title, unless noted concurrently with 
 65.18  the security interest, is $1; and 
 65.19     (5) for issuing a duplicate certificate of title, is $4. 
 65.20     (b) In addition to other statutory fees and taxes, a filing 
 65.21  fee of $3.50 $7 is imposed on every watercraft title application.
 65.22  The filing fee must be shown as a separate item on title renewal 
 65.23  notices sent by the commissioner. 
 65.24     Sec. 49.  Minnesota Statutes 2002, section 97A.045, is 
 65.25  amended by adding a subdivision to read: 
 65.26     Subd. 11.  [POWER TO PREVENT OR CONTROL WILDLIFE 
 65.27  DISEASE.] (a) If the commissioner determines that action is 
 65.28  necessary to prevent or control a wildlife disease, the 
 65.29  commissioner may prevent or control wildlife disease in a 
 65.30  species of wild animal in addition to the protection provided by 
 65.31  the game and fish laws by further limiting, closing, expanding, 
 65.32  or opening seasons or areas of the state; by reducing or 
 65.33  increasing limits in areas of the state; by establishing disease 
 65.34  management zones; by authorizing free licenses; by allowing 
 65.35  shooting from motor vehicles by persons designated by the 
 65.36  commissioner; by issuing replacement licenses for sick animals; 
 66.1   by requiring sample collection from hunter-harvested animals; by 
 66.2   limiting wild animal possession, transportation, and 
 66.3   disposition; and by restricting wildlife feeding.  
 66.4      (b) The commissioner may prevent or control wildlife 
 66.5   disease in a species of wild animal in the state by emergency 
 66.6   rule adopted under section 84.027, subdivision 13. 
 66.7      Sec. 50.  Minnesota Statutes 2002, section 97A.071, 
 66.8   subdivision 2, is amended to read: 
 66.9      Subd. 2.  [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 
 66.10  AND LIFETIME LICENSES.] Revenue from the small game surcharge 
 66.11  and $4 $6.50 annually from the lifetime fish and wildlife trust 
 66.12  fund, established in section 97A.4742, for each license issued 
 66.13  under sections 97A.473, subdivisions 3 and 5, and 97A.474, 
 66.14  subdivision 3, shall be credited to the wildlife acquisition 
 66.15  account and the money in the account shall be used by the 
 66.16  commissioner only for the purposes of this section, and 
 66.17  acquisition and development of wildlife lands under section 
 66.18  97A.145 and maintenance of the lands, in accordance with 
 66.19  appropriations made by the legislature. 
 66.20     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 66.21     Sec. 51.  Minnesota Statutes 2002, section 97A.075, 
 66.22  subdivision 1, is amended to read: 
 66.23     Subdivision 1.  [DEER, BEAR, AND LIFETIME LICENSES.] (a) 
 66.24  For purposes of this subdivision, "deer license" means a license 
 66.25  issued under section 97A.475, subdivisions 2, clauses (4), (5), 
 66.26  and (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), 
 66.27  and licenses issued under section 97B.301, subdivision 4.  
 66.28     (b) At least $2 from each annual deer license and $2 
 66.29  annually from the lifetime fish and wildlife trust fund, 
 66.30  established in section 97A.4742, for each license issued under 
 66.31  section 97A.473, subdivision 4, shall be used for deer habitat 
 66.32  improvement or deer management programs.  
 66.33     (c) At least $1 from each annual deer license and each bear 
 66.34  license and $1 annually from the lifetime fish and wildlife 
 66.35  trust fund, established in section 97A.4742, for each license 
 66.36  issued under section 97A.473, subdivision 4, shall be used for 
 67.1   deer and bear management programs, including a computerized 
 67.2   licensing system.  Fifty cents from each deer license is 
 67.3   appropriated for emergency deer feeding and wild cervidae health 
 67.4   management of chronic wasting disease.  Money appropriated for 
 67.5   emergency deer feeding and management of chronic wasting disease 
 67.6   wild cervidae health management is available until expended.  
 67.7   When the unencumbered balance in the appropriation for emergency 
 67.8   deer feeding and chronic wasting disease wild cervidae health 
 67.9   management at the end of a fiscal year 
 67.10  exceeds $1,500,000 $2,500,000 for the first time, $750,000 is 
 67.11  canceled to the unappropriated balance of the game and fish 
 67.12  fund.  The commissioner must inform the legislative chairs of 
 67.13  the natural resources finance committees every two years on how 
 67.14  the money for chronic wasting disease emergency deer feeding and 
 67.15  wild cervidae health management has been spent. 
 67.16     Thereafter, when the unencumbered balance in the 
 67.17  appropriation for emergency deer feeding and wild cervidae 
 67.18  health management exceeds $1,500,000 $2,500,000 at the end of a 
 67.19  fiscal year, the unencumbered balance in excess of 
 67.20  $1,500,000 $2,500,000 is canceled and available for deer and 
 67.21  bear management programs and computerized licensing. 
 67.22     Sec. 52.  Minnesota Statutes 2002, section 97A.075, 
 67.23  subdivision 2, is amended to read: 
 67.24     Subd. 2.  [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 
 67.25  percent of the revenue from the Minnesota migratory waterfowl 
 67.26  stamps must be credited to the waterfowl habitat improvement 
 67.27  account.  Money in the account may be used only for: 
 67.28     (1) development of wetlands and lakes in the state and 
 67.29  designated waterfowl management lakes for maximum migratory 
 67.30  waterfowl production including habitat evaluation, the 
 67.31  construction of dikes, water control structures and 
 67.32  impoundments, nest cover, rough fish barriers, acquisition of 
 67.33  sites and facilities necessary for development and management of 
 67.34  existing migratory waterfowl habitat and the designation of 
 67.35  waters under section 97A.101; 
 67.36     (2) management of migratory waterfowl; 
 68.1      (3) development, restoration, maintenance, or preservation 
 68.2   of migratory waterfowl habitat; and 
 68.3      (4) acquisition of and access to structure sites; and 
 68.4      (5) the promotion of waterfowl habitat development and 
 68.5   maintenance, including promotion and evaluation of government 
 68.6   farm program benefits for waterfowl habitat.  
 68.7      (b) Money in the account may not be used for costs unless 
 68.8   they are directly related to a specific parcel of land or body 
 68.9   of water under paragraph (a), clause (1), (3), or (4), or (5), 
 68.10  or to specific management activities under paragraph (a), clause 
 68.11  (2). 
 68.12     Sec. 53.  Minnesota Statutes 2002, section 97A.075, 
 68.13  subdivision 4, is amended to read: 
 68.14     Subd. 4.  [PHEASANT STAMP.] (a) Ninety percent of the 
 68.15  revenue from pheasant stamps must be credited to the pheasant 
 68.16  habitat improvement account.  Money in the account may be used 
 68.17  only for:  
 68.18     (1) the development, restoration, and maintenance of 
 68.19  suitable habitat for ringnecked pheasants on public and private 
 68.20  land including the establishment of nesting cover, winter cover, 
 68.21  and reliable food sources; 
 68.22     (2) reimbursement of landowners for setting aside lands for 
 68.23  pheasant habitat; 
 68.24     (3) reimbursement of expenditures to provide pheasant 
 68.25  habitat on public and private land; and 
 68.26     (4) the promotion of pheasant habitat development and 
 68.27  maintenance, including promotion and evaluation of government 
 68.28  farm program benefits for pheasant habitat; and 
 68.29     (5) the acquisition of lands suitable for pheasant habitat 
 68.30  management and public hunting.  
 68.31     (b) Money in the account may not be used for: 
 68.32     (1) costs unless they are directly related to a specific 
 68.33  parcel of land under paragraph (a), clauses 
 68.34  clause (1) to, (3), or (5), or to specific promotional or 
 68.35  evaluative activities under paragraph (a), clause (4); or 
 68.36     (2) any personnel costs, except that prior to July 1, 2009, 
 69.1   personnel may be hired to provide technical and promotional 
 69.2   assistance for private landowners to implement conservation 
 69.3   provisions of state and federal programs. 
 69.4      Sec. 54.  Minnesota Statutes 2002, section 97A.105, 
 69.5   subdivision 1, is amended to read: 
 69.6      Subdivision 1.  [LICENSE REQUIREMENTS.] (a) A person may 
 69.7   breed and propagate fur-bearing animals, game birds, bear, 
 69.8   moose, elk, caribou, or mute swans, or deer only on privately 
 69.9   owned or leased land and after obtaining a license.  Any of the 
 69.10  permitted animals on a game farm may be sold to other licensed 
 69.11  game farms.  "Privately owned or leased land" includes waters 
 69.12  that are shallow or marshy, are not actually navigable, and are 
 69.13  not of substantial beneficial public use.  Before an application 
 69.14  for a license is considered, the applicant must enclose the area 
 69.15  to sufficiently confine the animals to be raised in a manner 
 69.16  approved by the commissioner.  A license may be granted only if 
 69.17  the commissioner finds the application is made in good faith 
 69.18  with intention to actually carry on the business described in 
 69.19  the application and the commissioner determines that the 
 69.20  facilities are adequate for the business.  
 69.21     (b) A person may purchase live game birds or their eggs 
 69.22  without a license if the birds or eggs, or birds hatched from 
 69.23  the eggs, are released into the wild, consumed, or processed for 
 69.24  consumption within one year after they were purchased or 
 69.25  hatched.  This paragraph does not apply to the purchase of 
 69.26  migratory waterfowl or their eggs. 
 69.27     (c) A person may not introduce mute swans into the wild 
 69.28  without a permit issued by the commissioner. 
 69.29     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 69.30     Sec. 55.  Minnesota Statutes 2002, section 97A.401, 
 69.31  subdivision 3, is amended to read: 
 69.32     Subd. 3.  [TAKING, POSSESSING, AND TRANSPORTING WILD 
 69.33  ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 
 69.34  paragraph (b), special permits may be issued without a fee to 
 69.35  take, possess, and transport wild animals as pets and for 
 69.36  scientific, educational, rehabilitative, wildlife disease 
 70.1   prevention and control, and exhibition purposes.  The 
 70.2   commissioner shall prescribe the conditions for taking, 
 70.3   possessing, transporting, and disposing of the wild animals.  
 70.4      (b) A special permit may not be issued to take or possess 
 70.5   wild or native deer for exhibition or, propagation, or as pets.  
 70.6      (c) The commissioner shall establish criteria for issuing 
 70.7   special permits for persons to possess wild and native deer as 
 70.8   pets. 
 70.9      Sec. 56.  Minnesota Statutes 2002, section 97A.441, 
 70.10  subdivision 7, is amended to read: 
 70.11     Subd. 7.  [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 
 70.12  commissioner may issue, without a fee, a license to take an 
 70.13  antlerless deer to a person who is an owner or tenant and is 
 70.14  living and actively farming on at least 80 acres of agricultural 
 70.15  land, as defined in section 97B.001, in deer permit areas that 
 70.16  have deer archery licenses to take additional deer under section 
 70.17  97B.301, subdivision 4.  A person may receive only one license 
 70.18  per year under this subdivision.  For properties with coowners 
 70.19  or cotenants, only one coowner or cotenant may receive a license 
 70.20  under this subdivision per year.  The license issued under this 
 70.21  subdivision is restricted to the land owned or leased by the 
 70.22  holder of the license within the permit area where the 
 70.23  qualifying land is located.  The holder of the license may 
 70.24  transfer the license to the holder's spouse or dependent.  
 70.25  Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 
 70.26  subdivision 2, the holder of the license may purchase an 
 70.27  additional license for taking deer and may take an additional 
 70.28  deer under that license. 
 70.29     (b) A person who obtains a license under paragraph (a) must 
 70.30  allow public deer hunting on their land during that deer hunting 
 70.31  season, with the exception of the first Saturday and Sunday 
 70.32  during the deer hunting season applicable to the license issued 
 70.33  under section 97A.475, subdivision 2, clause clauses (4) and 
 70.34  (13). 
 70.35     Sec. 57.  Minnesota Statutes 2002, section 97A.441, is 
 70.36  amended by adding a subdivision to read: 
 71.1      Subd. 10.  [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 
 71.2   PREVENTION AND CONTROL.] The commissioner may issue, without a 
 71.3   fee, licenses to take wild animals for the purposes of wildlife 
 71.4   disease prevention and control. 
 71.5      Sec. 58.  Minnesota Statutes 2002, section 97A.475, 
 71.6   subdivision 2, is amended to read: 
 71.7      Subd. 2.  [RESIDENT HUNTING.] Fees for the following 
 71.8   licenses, to be issued to residents only, are: 
 71.9      (1) for persons age 18 or over and under age 65 to take 
 71.10  small game, $12 $12.50; 
 71.11     (2) for persons age ages 16 and 17 and age 65 or over, $6 
 71.12  to take small game; 
 71.13     (3) to take turkey, $18; 
 71.14     (4) for persons age 16 or over to take deer with firearms, 
 71.15  $25 $26; 
 71.16     (5) for persons age 16 or over to take deer by archery, 
 71.17  $25 $26; 
 71.18     (6) to take moose, for a party of not more than six 
 71.19  persons, $310; 
 71.20     (7) to take bear, $38; 
 71.21     (8) to take elk, for a party of not more than two persons, 
 71.22  $250; 
 71.23     (9) to take antlered deer in more than one zone, $50 $52; 
 71.24     (10) to take Canada geese during a special season, $4; 
 71.25     (11) to take two deer throughout the state in any open deer 
 71.26  season, except as restricted under section 97B.305, $75 $78; and 
 71.27     (12) to take prairie chickens, $20; 
 71.28     (13) for persons at least age 12 and under age 16 to take 
 71.29  deer with firearms, $13; and 
 71.30     (14) for persons at least age 12 and under age 16 to take 
 71.31  deer by archery, $13. 
 71.32     <b>[EFFECTIVE DATES.]</b> Clauses (4), (5), (9), (11), (13), and 
 71.33  (14), are effective August 1, 2003.  Clauses (1) and (2) are 
 71.34  effective March 1, 2004. 
 71.35     Sec. 59.  Minnesota Statutes 2002, section 97A.475, 
 71.36  subdivision 3, is amended to read: 
 72.1      Subd. 3.  [NONRESIDENT HUNTING.] Fees for the following 
 72.2   licenses, to be issued to nonresidents, are: 
 72.3      (1) to take small game, $73; 
 72.4      (2) to take deer with firearms, $125 $135; 
 72.5      (3) to take deer by archery, $125 $135; 
 72.6      (4) to take bear, $195; 
 72.7      (5) to take turkey, $73; 
 72.8      (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 
 72.9      (7) to take antlered deer in more than one zone, $250 $270; 
 72.10  and 
 72.11     (8) to take Canada geese during a special season, $4. 
 72.12     <b>[EFFECTIVE DATE.]</b> This section is effective August 1, 2003. 
 72.13     Sec. 60.  Minnesota Statutes 2002, section 97A.475, 
 72.14  subdivision 4, is amended to read: 
 72.15     Subd. 4.  [SMALL GAME SURCHARGE.] Fees for annual licenses 
 72.16  to take small game must be increased by a surcharge of 
 72.17  $4 $6.50.  An additional commission may not be assessed on the 
 72.18  surcharge and this must be stated on the back of the license 
 72.19  with the following statement must be included in the annual 
 72.20  small game hunting regulations:  "This $4 $6.50 surcharge is 
 72.21  being paid by hunters for the acquisition and development of 
 72.22  wildlife lands." 
 72.23     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 72.24     Sec. 61.  Minnesota Statutes 2002, section 97A.475, 
 72.25  subdivision 5, is amended to read: 
 72.26     Subd. 5.  [HUNTING STAMPS.] Fees for the following stamps 
 72.27  and stamp validations are: 
 72.28     (1) migratory waterfowl stamp, $5 $7.50; 
 72.29     (2) pheasant stamp, $5 $7.50; and 
 72.30     (3) turkey stamp validation, $5.  
 72.31     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 72.32     Sec. 62.  Minnesota Statutes 2002, section 97A.475, 
 72.33  subdivision 10, is amended to read: 
 72.34     Subd. 10.  [TROUT AND SALMON STAMP VALIDATION.] The fee for 
 72.35  a trout and salmon stamp validation is $8.50 $10.  
 72.36     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 73.1      Sec. 63.  Minnesota Statutes 2002, section 97A.475, 
 73.2   subdivision 15, is amended to read: 
 73.3      Subd. 15.  [FISHING GUIDES.] The fee for a license to 
 73.4   operate a charter boat and guide anglers on Lake Superior or the 
 73.5   St. Louis river estuary is: 
 73.6      (1) for a resident, $35 $125; 
 73.7      (2) for a nonresident, $140 $400; or 
 73.8      (3) if another state charges a Minnesota resident a fee 
 73.9   greater than $140 $440 for a Lake Superior or St. Louis river 
 73.10  estuary fishing guide license in that state, the nonresident fee 
 73.11  for a resident of that state is that greater fee.  
 73.12     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 73.13     Sec. 64.  Minnesota Statutes 2002, section 97A.475, 
 73.14  subdivision 26, is amended to read: 
 73.15     Subd. 26.  [MINNOW DEALERS.] The fees for the following 
 73.16  licenses are:  
 73.17     (1) minnow dealer, $100 $310; 
 73.18     (2) minnow dealer's vehicle, $15; 
 73.19     (3) exporting minnow dealer, $350 $700; and 
 73.20     (4) exporting minnow dealer's vehicle, $15. 
 73.21     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 73.22     Sec. 65.  Minnesota Statutes 2002, section 97A.475, 
 73.23  subdivision 27, is amended to read: 
 73.24     Subd. 27.  [MINNOW RETAILERS.] The fees for the following 
 73.25  licenses, to be issued to residents and nonresidents, are: 
 73.26     (1) minnow retailer, $15 $47; and 
 73.27     (2) minnow retailer's vehicle, $15.  
 73.28     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004.  
 73.29     Sec. 66.  Minnesota Statutes 2002, section 97A.475, 
 73.30  subdivision 28, is amended to read: 
 73.31     Subd. 28.  [NONRESIDENT MINNOW HAULERS.] The fees for the 
 73.32  following licenses, to be issued to nonresidents, are: 
 73.33     (1) exporting minnow hauler, $675 $1,000; and 
 73.34     (2) exporting minnow hauler's vehicle, $15.  
 73.35     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 73.36     Sec. 67.  Minnesota Statutes 2002, section 97A.475, 
 74.1   subdivision 29, is amended to read: 
 74.2      Subd. 29.  [PRIVATE FISH HATCHERIES.] The fees for the 
 74.3   following licenses to be issued to residents and nonresidents 
 74.4   are:  
 74.5      (1) for a private fish hatchery, with annual sales under 
 74.6   $200, $35 $70; 
 74.7      (2) for a private fish hatchery, with annual sales of $200 
 74.8   or more, $70 $210; and 
 74.9      (3) to take sucker eggs from public waters for a private 
 74.10  fish hatchery, $210 $400, plus $4 $6 for each quart in excess of 
 74.11  100 quarts.  
 74.12     <b>[EFFECTIVE DATE.]</b> This section is effective March 1,2004. 
 74.13     Sec. 68.  Minnesota Statutes 2002, section 97A.475, 
 74.14  subdivision 30, is amended to read: 
 74.15     Subd. 30.  [COMMERCIAL NETTING OF FISH.] The fees to take 
 74.16  commercial fish are: 
 74.17     (1) commercial license fees: 
 74.18     (i) for residents and nonresidents seining and netting in 
 74.19  inland waters, $90 $120; 
 74.20     (ii) for residents netting in Lake Superior, $50 $120; 
 74.21     (iii) for residents netting in Lake of the Woods, Rainy, 
 74.22  Namakan, and Sand Point lakes, $50 $120; 
 74.23     (iv) for residents seining in the Mississippi River from St.
 74.24  Anthony Falls to the St. Croix River junction, $50 $120; 
 74.25     (v) for residents seining, netting, and set lining in 
 74.26  Wisconsin boundary waters from Lake St. Croix to the Iowa 
 74.27  border, $50 $120; and 
 74.28     (vi) for a resident apprentice license, $25 $55; and 
 74.29     (2) commercial gear fees: 
 74.30     (i) for each gill net in Lake Superior, Wisconsin boundary 
 74.31  waters, and Namakan Lake, $3.50 $5 per 100 feet of net; 
 74.32     (ii) for each seine in inland waters, on the Mississippi 
 74.33  River as described in section 97C.801, subdivision 2, and in 
 74.34  Wisconsin boundary waters, $7 $9 per 100 feet; 
 74.35     (iii) for each commercial hoop net in inland 
 74.36  waters, $1.25 $2; 
 75.1      (iv) for each submerged fyke, trap, and hoop net in Lake 
 75.2   Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 
 75.3   Namakan, and Sand Point lakes, and for each pound net in Lake 
 75.4   Superior, $15 $20; 
 75.5      (v) for each stake and pound net in Lake of the 
 75.6   Woods, $60 $90; and 
 75.7      (vi) for each set line in the Wisconsin boundary waters, 
 75.8   $20 $45.  
 75.9      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 75.10     Sec. 69.  Minnesota Statutes 2002, section 97A.475, 
 75.11  subdivision 38, is amended to read: 
 75.12     Subd. 38.  [FISH BUYERS.] The fees for licenses to buy fish 
 75.13  from commercial fishing licensees to be issued residents and 
 75.14  nonresidents are: 
 75.15     (1) for Lake Superior fish bought for sale to retailers, 
 75.16  $70 $150; 
 75.17     (2) for Lake Superior fish bought for sale to consumers, 
 75.18  $15 $35; 
 75.19     (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 75.20  Lake fish bought for sale to retailers, $140 $300; and 
 75.21     (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 
 75.22  Lake fish bought for shipment only on international boundary 
 75.23  waters, $15 $35.  
 75.24     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 75.25     Sec. 70.  Minnesota Statutes 2002, section 97A.475, 
 75.26  subdivision 39, is amended to read: 
 75.27     Subd. 39.  [FISH PACKER.] The fee for a license to prepare 
 75.28  dressed game fish for transportation or shipment is $20 $40. 
 75.29     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 75.30     Sec. 71.  Minnesota Statutes 2002, section 97A.475, 
 75.31  subdivision 40, is amended to read: 
 75.32     Subd. 40.  [FISH VENDORS.] The fee for a license to use a 
 75.33  motor vehicle to sell fish is $35 $70.  
 75.34     <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 75.35     Sec. 72.  Minnesota Statutes 2002, section 97A.475, 
 75.36  subdivision 42, is amended to read: 
 76.1      Subd. 42.  [FROG DEALERS.] The fee for the licenses to deal 
 76.2   in frogs that are to be used for purposes other than bait are: 
 76.3      (1) for a resident to purchase, possess, and transport 
 76.4   frogs, $100 $220; 
 76.5      (2) for a nonresident to purchase, possess, and transport 
 76.6   frogs, $280 $550; and 
 76.7      (3) for a resident to take, possess, transport, and sell 
 76.8   frogs, $15 $35. 
 76.9      <b>[EFFECTIVE DATE.]</b> This section is effective March 1, 2004. 
 76.10     Sec. 73.  Minnesota Statutes 2002, section 97A.475, is 
 76.11  amended by adding a subdivision to read: 
 76.12     Subd. 45.  [CAMP RIPLEY ARCHERY DEER HUNT.] The application 
 76.13  fee for the Camp Ripley archery deer hunt is $8. 
 76.14     Sec. 74.  Minnesota Statutes 2002, section 97A.485, 
 76.15  subdivision 6, is amended to read: 
 76.16     Subd. 6.  [LICENSES TO BE SOLD AND ISSUING FEES.] (a) 
 76.17  Persons authorized to sell licenses under this section must sell 
 76.18  issue the following licenses for the license fee and the 
 76.19  following issuing fees:  
 76.20     (1) to take deer or bear with firearms and by archery, the 
 76.21  issuing fee is $1; 
 76.22     (2) Minnesota sporting, the issuing fee is $1; and 
 76.23     (3) to take small game, for a person under age 65 to take 
 76.24  fish by angling or for a person of any age to take fish by 
 76.25  spearing, and to trap fur-bearing animals, the issuing fee is 
 76.26  $1; 
 76.27     (4) for a trout and salmon stamp that is not issued 
 76.28  simultaneously with an angling or sporting license, an issuing 
 76.29  fee of 50 cents may be charged at the discretion of the 
 76.30  authorized seller; and 
 76.31     (5) for stamps other than a trout and salmon stamp, and for 
 76.32  a special season Canada goose license, there is no fee; and 
 76.33     (6) for licenses issued without a fee under section 
 76.34  97A.441, there is no fee. 
 76.35     (b) An issuing fee may not be collected for issuance of a 
 76.36  trout and salmon stamp if a stamp validation is issued 
 77.1   simultaneously with the related angling or sporting license.  
 77.2   Only one issuing fee may be collected when selling more than one 
 77.3   trout and salmon stamp in the same transaction after the end of 
 77.4   the season for which the stamp was issued. 
 77.5      (c) The auditor or subagent shall keep the issuing fee as a 
 77.6   commission for selling the licenses.  
 77.7      (d) The commissioner shall collect the issuing fee on 
 77.8   licenses sold by the commissioner. 
 77.9      (e) A license, except stamps, must state the amount of the 
 77.10  issuing fee and that the issuing fee is kept by the seller as a 
 77.11  commission for selling the licenses. 
 77.12     (f) For duplicate licenses, the issuing fees are: 
 77.13     (1) for licenses to take big game, 75 cents; and 
 77.14     (2) for other licenses, 50 cents. 
 77.15     Sec. 75.  Minnesota Statutes 2002, section 97A.505, is 
 77.16  amended by adding a subdivision to read: 
 77.17     Subd. 8.  [IMPORTATION OF HUNTER-HARVESTED 
 77.18  CERVIDAE.] Importation into Minnesota of hunter-harvested 
 77.19  cervidae carcasses is prohibited except for cut and wrapped 
 77.20  meat, quarters or other portions of meat with no part of the 
 77.21  spinal column or head attached, antlers, hides, teeth, finished 
 77.22  taxidermy mounts, and antlers attached to skull caps that are 
 77.23  cleaned of all brain tissue. 
 77.24     Sec. 76.  Minnesota Statutes 2002, section 97A.505, is 
 77.25  amended by adding a subdivision to read: 
 77.26     Subd. 9.  [POSSESSION OF LIVE CERVIDAE.] A person may not 
 77.27  possess live cervidae, except as authorized in sections 17.451 
 77.28  and 17.452 or 97A.401. 
 77.29     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
 77.30     Sec. 77.  Minnesota Statutes 2002, section 97B.311, is 
 77.31  amended to read: 
 77.32     97B.311 [DEER SEASONS AND RESTRICTIONS.] 
 77.33     (a) The commissioner may, by rule, prescribe restrictions 
 77.34  and designate areas where deer may be taken, including hunter 
 77.35  selection criteria for special hunts established under section 
 77.36  97A.401, subdivision 4.  The commissioner may, by rule, 
 78.1   prescribe the open seasons for deer within the following periods:
 78.2      (1) taking with firearms, other than muzzle-loading 
 78.3   firearms, between November 1 and December 15; 
 78.4      (2) taking with muzzle-loading firearms between September 1 
 78.5   and December 31; and 
 78.6      (3) taking by archery between September 1 and December 31. 
 78.7      (b) Notwithstanding paragraph (a), the commissioner may 
 78.8   establish special seasons within designated areas between 
 78.9   September 1 and January 15 at any time of year. 
 78.10     Sec. 78.  Minnesota Statutes 2002, section 103B.231, 
 78.11  subdivision 3a, is amended to read: 
 78.12     Subd. 3a.  [PRIORITY SCHEDULE.] (a) The board of water and 
 78.13  soil resources in consultation with the state review agencies 
 78.14  and the metropolitan council shall may develop a priority 
 78.15  schedule for the revision of plans required under this chapter. 
 78.16     (b) The prioritization should be based on but not be 
 78.17  limited to status of current plan, scheduled revision dates, 
 78.18  anticipated growth and development, existing and potential 
 78.19  problems, and regional water quality goals and priorities. 
 78.20     (c) The schedule will be used by the board of water and 
 78.21  soil resources in consultation with the state review agencies 
 78.22  and the metropolitan council to direct watershed management 
 78.23  organizations of when they will be required to revise their 
 78.24  plans. 
 78.25     (d) Upon notification from the board of water and soil 
 78.26  resources that a revision of a plan is required, a watershed 
 78.27  management organization shall have 24 months from the date of 
 78.28  notification to revise and submit a plan for review. 
 78.29     (e) In the event that a plan expires prior to notification 
 78.30  from the board of water and soil resources under this section, 
 78.31  the existing plan, authorities, and official controls of a 
 78.32  watershed management organization shall remain in full force and 
 78.33  effect until a revision is approved. 
 78.34     (f) A one-year extension to submit a revised plan may be 
 78.35  granted by the board. 
 78.36     (g) (e) Watershed management organizations submitting plans 
 79.1   and draft plan amendments for review prior to the board's 
 79.2   priority review schedule, may proceed to adopt and implement the 
 79.3   plan revisions without formal board approval if the board fails 
 79.4   to adjust its priority review schedule for plan review, and 
 79.5   commence its statutory review process within 45 days of 
 79.6   submittal of the plan revision or amendment. 
 79.7      Sec. 79.  Minnesota Statutes 2002, section 103B.305, 
 79.8   subdivision 3, is amended to read: 
 79.9      Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 79.10  "Comprehensive local water management plan," means 
 79.11  "comprehensive water plan," "local water plan," and "local water 
 79.12  management plan" mean the plan adopted by a county under 
 79.13  sections 103B.311 and 103B.315.  
 79.14     Sec. 80.  Minnesota Statutes 2002, section 103B.305, is 
 79.15  amended by adding a subdivision to read: 
 79.16     Subd. 7a.  [PLAN AUTHORITY.] "Plan authority" means those 
 79.17  local government units coordinating planning under sections 
 79.18  103B.301 to 103B.335. 
 79.19     Sec. 81.  Minnesota Statutes 2002, section 103B.305, is 
 79.20  amended by adding a subdivision to read: 
 79.21     Subd. 7b.  [PRIORITY CONCERNS.] "Priority concerns" means 
 79.22  issues, resources, subwatersheds, or demographic areas that are 
 79.23  identified as a priority by the plan authority. 
 79.24     Sec. 82.  Minnesota Statutes 2002, section 103B.305, is 
 79.25  amended by adding a subdivision to read: 
 79.26     Subd. 7c.  [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 
 79.27  concerns scoping document" means the list of the chosen priority 
 79.28  concerns and a detailed account of how those concerns were 
 79.29  identified and chosen. 
 79.30     Sec. 83.  Minnesota Statutes 2002, section 103B.305, is 
 79.31  amended by adding a subdivision to read: 
 79.32     Subd. 8a.  [STATE REVIEW AGENCIES.] "State review agencies" 
 79.33  means the board of water and soil resources, the department of 
 79.34  agriculture, the department of health, the department of natural 
 79.35  resources, the pollution control agency, and other agencies 
 79.36  granted state review status by a resolution of the board. 
 80.1      Sec. 84.  Minnesota Statutes 2002, section 103B.311, 
 80.2   subdivision 1, is amended to read: 
 80.3      Subdivision 1.  [COUNTY DUTIES.] Each county is encouraged 
 80.4   to develop and implement a comprehensive local water management 
 80.5   plan.  Each county that develops and implements a plan has the 
 80.6   duty and authority to: 
 80.7      (1) prepare and adopt a comprehensive local water 
 80.8   management plan that meets the requirements of this section and 
 80.9   section 103B.315; 
 80.10     (2) review water and related land resources plans and 
 80.11  official controls submitted by local units of government to 
 80.12  assure consistency with the comprehensive local water management 
 80.13  plan; and 
 80.14     (3) exercise any and all powers necessary to assure 
 80.15  implementation of comprehensive local water management plans.  
 80.16     Sec. 85.  Minnesota Statutes 2002, section 103B.311, 
 80.17  subdivision 2, is amended to read: 
 80.18     Subd. 2.  [DELEGATION.] The county is responsible for 
 80.19  preparing, adopting, and assuring implementation of the 
 80.20  comprehensive local water management plan, but may delegate all 
 80.21  or part of the preparation of the plan to a local unit of 
 80.22  government, a regional development commission, or a resource 
 80.23  conservation and development committee.  The county may not 
 80.24  delegate authority for the exercise of eminent domain, taxation, 
 80.25  or assessment to a local unit of government that does not 
 80.26  possess those powers.  
 80.27     Sec. 86.  Minnesota Statutes 2002, section 103B.311, 
 80.28  subdivision 3, is amended to read: 
 80.29     Subd. 3.  [COORDINATION.] (a) To assure the coordination of 
 80.30  efforts of all local units of government within a county during 
 80.31  the preparation and implementation of a comprehensive local 
 80.32  water management plan, each county intending to adopt a plan 
 80.33  shall conduct meetings with other local units of government and 
 80.34  may execute agreements with other local units of government 
 80.35  establishing the responsibilities of each unit during the 
 80.36  preparation and implementation of the comprehensive local water 
 81.1   management plan. 
 81.2      (b) Each county intending to adopt a plan shall coordinate 
 81.3   its planning program with contiguous counties.  Before meeting 
 81.4   with local units of government, a county board shall notify the 
 81.5   county boards of each county contiguous to it that the county is 
 81.6   about to begin preparing its comprehensive local water 
 81.7   management plan and is encouraged to request and hold a joint 
 81.8   meeting with the contiguous county boards to consider the 
 81.9   planning process.  
 81.10     Sec. 87.  Minnesota Statutes 2002, section 103B.311, 
 81.11  subdivision 4, is amended to read: 
 81.12     Subd. 4.  [WATER PLAN REQUIREMENTS.] (a) A 
 81.13  comprehensive local water management plan must: 
 81.14     (1) cover the entire area within a county; 
 81.15     (2) address water problems in the context of watershed 
 81.16  units and groundwater systems; 
 81.17     (3) be based upon principles of sound hydrologic management 
 81.18  of water, effective environmental protection, and efficient 
 81.19  management; 
 81.20     (4) be consistent with comprehensive local water management 
 81.21  plans prepared by counties and watershed management 
 81.22  organizations wholly or partially within a single watershed unit 
 81.23  or groundwater system; and 
 81.24     (5) the comprehensive local water management plan must 
 81.25  specify the period covered by the comprehensive local water 
 81.26  management plan and must extend at least five years but no more 
 81.27  than ten years from the date the board approves 
 81.28  the comprehensive local water management plan.  
 81.29  Comprehensive Local water management plans that contain revision 
 81.30  dates inconsistent with this section must comply with that date, 
 81.31  provided it is not more than ten years beyond the date of board 
 81.32  approval.  A two-year extension of the revision date of 
 81.33  a comprehensive local water management plan may be granted by 
 81.34  the board, provided no projects are ordered or commenced during 
 81.35  the period of the extension. 
 81.36     (b) Existing water and related land resources plans, 
 82.1   including plans related to agricultural land preservation 
 82.2   programs developed pursuant to chapter 40A, must be fully 
 82.3   utilized in preparing the comprehensive local water management 
 82.4   plan.  Duplication of the existing plans is not required.  
 82.5      Sec. 88.  [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 
 82.6      Each priority concerns scoping document must contain: 
 82.7      (1) the list of proposed priority concerns the plan will 
 82.8   address; and 
 82.9      (2) a description of how and why the priority concerns were 
 82.10  chosen, including: 
 82.11     (i) a list of all public and internal forums held to gather 
 82.12  input regarding priority concerns, including the dates they were 
 82.13  held, a list of participants and affiliated organizations, a 
 82.14  summary of the proceedings, and supporting data; 
 82.15     (ii) the process used to locally coordinate and resolve 
 82.16  differences between the plan's priority concerns and other 
 82.17  state, local, and regional concerns; and 
 82.18     (iii) a list of issues identified by the stakeholders but 
 82.19  not selected as priority concerns, why they were not included in 
 82.20  the list of priority concerns, and a brief description of how 
 82.21  the concerns may be addressed or delegated to other partnering 
 82.22  entities. 
 82.23     Sec. 89.  [103B.313] [PLAN DEVELOPMENT.] 
 82.24     Subdivision 1.  [NOTICE OF PLAN REVISION.] The local water 
 82.25  management plan authority shall send a notice to local 
 82.26  government units partially or wholly within the planning 
 82.27  jurisdiction, adjacent counties, and state review agencies of 
 82.28  their intent to revise the local water management plan.  The 
 82.29  notice of a plan revision must include an invitation for all 
 82.30  recipients to submit priority concerns they wish to see the plan 
 82.31  address. 
 82.32     Subd. 2.  [SUBMITTING PRIORITY CONCERNS TO PLANNING 
 82.33  AUTHORITY.] Local governments and state review agencies must 
 82.34  submit the priority concerns they want the plan to address to 
 82.35  the plan authority within 45 days of receiving the notice 
 82.36  defined in subdivision 1 or within an otherwise agreed-upon time 
 83.1   frame. 
 83.2      Subd. 3.  [PUBLIC INFORMATION MEETING.] Before submitting 
 83.3   the priority concerns scoping document to the board, the plan 
 83.4   authority shall publish a legal notice for and conduct a public 
 83.5   information meeting. 
 83.6      Subd. 4.  [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 
 83.7   TO BOARD.] The plan authority shall send the scoping document to 
 83.8   all state review agencies for review and comment.  State review 
 83.9   agencies shall provide comments on the plan outline to the board 
 83.10  within 30 days of receipt. 
 83.11     Subd. 5.  [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 
 83.12  DOCUMENT.] The board shall review the scoping document and the 
 83.13  comments submitted in accordance with this subdivision.  The 
 83.14  board shall provide comments to the local plan authority within 
 83.15  60 days of receiving the scoping document, or after the next 
 83.16  regularly scheduled board meeting, whichever is later.  No local 
 83.17  water management plan may be approved pursuant to section 
 83.18  103B.315 without addressing items communicated in the board 
 83.19  comments to the plan authority.  The plan authority may request 
 83.20  that resolution of unresolved issues be addressed pursuant to 
 83.21  board policy defined in section 103B.345. 
 83.22     Subd. 6.  [REQUESTS FOR EXISTING AGENCY INFORMATION 
 83.23  RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 
 83.24  review agencies shall, upon request from the local government, 
 83.25  provide existing plans, reports, and data analysis related to 
 83.26  priority concerns to the plan author within 60 days from the 
 83.27  date of the request or within an otherwise agreed upon time 
 83.28  frame. 
 83.29     Sec. 90.  [103B.314] [CONTENTS OF PLAN.] 
 83.30     Subdivision 1.  [EXECUTIVE SUMMARY.] Each plan must have an 
 83.31  executive summary, including: 
 83.32     (1) the purpose of the local water management plan; 
 83.33     (2) a description of the priority concerns to be addressed 
 83.34  by the plan; 
 83.35     (3) a summary of goals and actions to be taken along with 
 83.36  the projected total cost of the implementation program; 
 84.1      (4) a summary of the consistency of the plan with other 
 84.2   pertinent local, state, and regional plans and controls, and 
 84.3   where inconsistencies are noted; and 
 84.4      (5) a summary of recommended amendments to other plans and 
 84.5   official controls to achieve consistency. 
 84.6      Subd. 2.  [ASSESSMENT OF PRIORITY CONCERNS.] For each 
 84.7   priority concern defined pursuant to section 103B.312, clause 
 84.8   (1), the plan shall analyze relevant data, plans, and policies 
 84.9   provided by agencies consistent with section 103B.313, 
 84.10  subdivision 6, and describe the magnitude of the concern, 
 84.11  including how the concern is impacting or changing the local 
 84.12  land and water resources. 
 84.13     Subd. 3.  [GOALS AND OBJECTIVES ADDRESSING PRIORITY 
 84.14  CONCERNS.] Each plan must contain specific measurable goals and 
 84.15  objectives relating to the priority concerns and other state, 
 84.16  regional, or local concerns.  The goals and objectives must 
 84.17  coordinate and attempt to resolve conflict with city, county, 
 84.18  regional, or state goals and policies. 
 84.19     Subd. 4.  [IMPLEMENTATION PROGRAM FOR PRIORITY 
 84.20  CONCERNS.] (a) For the measurable goals identified in 
 84.21  subdivision 3, each plan must include an implementation program 
 84.22  that includes the items described in paragraphs (b) to (e). 
 84.23     (b) An implementation program may include actions 
 84.24  involving, but not limited to, data collection programs, 
 84.25  educational programs, capital improvement projects, project 
 84.26  feasibility studies, enforcement strategies, amendments to 
 84.27  existing official controls, and adoption of new official 
 84.28  controls.  If the local government finds that no actions are 
 84.29  necessary to address the goals and objectives identified in 
 84.30  subdivision 3 it must explain why actions are not needed.  Staff 
 84.31  and financial resources available or needed to carry out the 
 84.32  local water management plan must be stated. 
 84.33     (c) The implementation schedule must state the time in 
 84.34  which each of the actions contained in the implementation 
 84.35  program will be taken. 
 84.36     (d) If a local government unit has made any agreement for 
 85.1   the implementation of the plan or portions of a plan by another 
 85.2   local unit of government, that local unit must be specified, the 
 85.3   responsibility indicated, and a description included indicating 
 85.4   how and when the implementation will happen. 
 85.5      (e) If capital improvement projects are proposed to 
 85.6   implement the local water management plan, the projects must be 
 85.7   described in the plan.  The description of a proposed capital 
 85.8   improvement project must include the following information: 
 85.9      (1) the physical components of the project, including their 
 85.10  approximate size, configuration, and location; 
 85.11     (2) the purposes of the project and relationship to the 
 85.12  objectives in the plan; 
 85.13     (3) the proposed schedule for project construction; 
 85.14     (4) the expected federal, state, and local costs; 
 85.15     (5) the types of financing proposed, such as special 
 85.16  assessments, ad valorem taxes, and grants; and 
 85.17     (6) the sources of local financing proposed. 
 85.18     Subd. 5.  [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 
 85.19  ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 
 85.20  actions that will be taken to carry out the responsibilities or 
 85.21  activities, identify the lead and supporting organizations or 
 85.22  government units that will be involved in carrying out the 
 85.23  action, and estimate the cost of each action. 
 85.24     Subd. 6.  [AMENDMENTS.] The plan authority may initiate an 
 85.25  amendment to the local water management plan by submitting a 
 85.26  petition to the board and sending copies of the proposed 
 85.27  amendment and the date of the public hearing to the following 
 85.28  entities for review:  local government units defined in section 
 85.29  103B.305, subdivision 5, that are within the plan's 
 85.30  jurisdiction; and the state review agencies. 
 85.31     After the public hearing the board shall review the 
 85.32  amendment pursuant to section 103B.315, subdivision 5, 
 85.33  paragraphs (b) and (c).  The amendment becomes part of the local 
 85.34  water management plan after being approved by the board.  The 
 85.35  board must send the order and the approved amendment to the 
 85.36  entities that received the proposed amendment and notice of the 
 86.1   public hearing. 
 86.2      Sec. 91.  Minnesota Statutes 2002, section 103B.315, 
 86.3   subdivision 4, is amended to read: 
 86.4      Subd. 4.  [PUBLIC HEARING.] The county board shall conduct 
 86.5   a public hearing on the comprehensive local water management 
 86.6   plan pursuant to section 375.51 after the 60-day period for 
 86.7   local review and comment is completed but before submitting it 
 86.8   to the state for review.  
 86.9      Sec. 92.  Minnesota Statutes 2002, section 103B.315, 
 86.10  subdivision 5, is amended to read: 
 86.11     Subd. 5.  [STATE REVIEW.] (a) After conducting the public 
 86.12  hearing but before final adoption, the county board must submit 
 86.13  its comprehensive local water management plan, all written 
 86.14  comments received on the plan, a record of the public hearing 
 86.15  under subdivision 4, and a summary of changes incorporated as a 
 86.16  result of the review process to the board for review.  The board 
 86.17  shall complete the review within 90 days after receiving a 
 86.18  comprehensive local water management plan and supporting 
 86.19  documents.  The board shall consult with the departments of 
 86.20  agriculture, health, and natural resources; the pollution 
 86.21  control agency; the environmental quality board; and other 
 86.22  appropriate state agencies during the review. 
 86.23     (b) The board may disapprove a comprehensive local water 
 86.24  management plan if the board determines the plan is not 
 86.25  consistent with state law. If a plan is disapproved, the board 
 86.26  shall provide a written statement of its reasons for 
 86.27  disapproval.  A disapproved comprehensive local water management 
 86.28  plan must be revised by the county board and resubmitted for 
 86.29  approval by the board within 120 days after receiving notice of 
 86.30  disapproval of the comprehensive local water management plan, 
 86.31  unless the board extends the period for good cause.  The 
 86.32  decision of the board to disapprove the plan may be appealed by 
 86.33  the county to district court.  
 86.34     (c) If the local government unit disagrees with the board's 
 86.35  decision to disapprove the plan, it may, within 60 days, 
 86.36  initiate mediation through the board's informal dispute 
 87.1   resolution process as established pursuant to section 103B.345, 
 87.2   subdivision 1.  A local government unit may appeal disapproval 
 87.3   to the court of appeals.  A decision of the board on appeal is 
 87.4   subject to judicial review under sections 14.63 to 14.69. 
 87.5      Sec. 93.  Minnesota Statutes 2002, section 103B.315, 
 87.6   subdivision 6, is amended to read: 
 87.7      Subd. 6.  [ADOPTION AND IMPLEMENTATION.] A county board 
 87.8   shall adopt and begin implementation of its comprehensive local 
 87.9   water management plan within 120 days after receiving notice of 
 87.10  approval of the plan from the board.  
 87.11     Sec. 94.  Minnesota Statutes 2002, section 103B.321, 
 87.12  subdivision 1, is amended to read: 
 87.13     Subdivision 1.  [GENERAL.] The board shall:  
 87.14     (1) develop guidelines for the contents of comprehensive 
 87.15  local water management plans that provide for a flexible 
 87.16  approach to meeting the different water and related land 
 87.17  resources needs of counties and watersheds across the state; 
 87.18     (2) coordinate assistance of state agencies to counties and 
 87.19  other local units of government involved in preparation of 
 87.20  comprehensive local water management plans, including 
 87.21  identification of pertinent data and studies available from the 
 87.22  state and federal government; 
 87.23     (3) conduct an active program of information and education 
 87.24  concerning the requirements and purposes of sections 103B.301 to 
 87.25  103B.355 in conjunction with the association of Minnesota 
 87.26  counties; 
 87.27     (4) determine contested cases under section 103B.345; 
 87.28     (5) establish a process for review of comprehensive local 
 87.29  water management plans that assures the plans are consistent 
 87.30  with state law; and 
 87.31     (6) report to the house of representatives and senate 
 87.32  committees with jurisdiction over the environment, natural 
 87.33  resources, and agriculture as required by section 103B.351; and 
 87.34     (7) make grants to counties for comprehensive local water 
 87.35  management planning, implementation of priority actions 
 87.36  identified in approved plans, and sealing of abandoned wells. 
 88.1      Sec. 95.  Minnesota Statutes 2002, section 103B.321, 
 88.2   subdivision 2, is amended to read: 
 88.3      Subd. 2.  [RULEMAKING.] The board shall may adopt rules to 
 88.4   implement sections 103B.301 to 103B.355.  
 88.5      Sec. 96.  Minnesota Statutes 2002, section 103B.325, 
 88.6   subdivision 1, is amended to read: 
 88.7      Subdivision 1.  [REQUIREMENT.] Local units of government 
 88.8   shall amend existing water and related land resources plans and 
 88.9   official controls as necessary to conform them to the 
 88.10  applicable, approved comprehensive local water management plan 
 88.11  following the procedures in this section.  
 88.12     Sec. 97.  Minnesota Statutes 2002, section 103B.325, 
 88.13  subdivision 2, is amended to read: 
 88.14     Subd. 2.  [PROCEDURE.] Within 90 days after local units of 
 88.15  government are notified by the county board of the adoption of a 
 88.16  comprehensive local water management plan or of adoption of an 
 88.17  amendment to a comprehensive water plan, the local units of 
 88.18  government exercising water and related land resources planning 
 88.19  and regulatory responsibility for areas within the county must 
 88.20  submit existing water and related land resources plans and 
 88.21  official controls to the county board for review.  The county 
 88.22  board shall identify any inconsistency between the plans and 
 88.23  controls and the comprehensive local water management plan and 
 88.24  shall recommend the amendments necessary to bring local plans 
 88.25  and official controls into conformance with the comprehensive 
 88.26  local water management plan.  
 88.27     Sec. 98.  Minnesota Statutes 2002, section 103B.331, 
 88.28  subdivision 1, is amended to read: 
 88.29     Subdivision 1.  [AUTHORITY.] When an approved comprehensive 
 88.30  local water management plan is adopted the county has the 
 88.31  authority specified in this section.  
 88.32     Sec. 99.  Minnesota Statutes 2002, section 103B.331, 
 88.33  subdivision 2, is amended to read: 
 88.34     Subd. 2.  [REGULATION OF WATER AND LAND RESOURCES.] The 
 88.35  county may regulate the use and development of water and related 
 88.36  land resources within incorporated areas when one or more of the 
 89.1   following conditions exists: 
 89.2      (1) the municipality does not have a local water and 
 89.3   related land resources plan or official controls consistent with 
 89.4   the comprehensive local water management plan; 
 89.5      (2) a municipal action granting a variance or conditional 
 89.6   use would result in an action inconsistent with the 
 89.7   comprehensive local water management plan; 
 89.8      (3) the municipality has authorized the county to require 
 89.9   permits for the use and development of water and related land 
 89.10  resources; or 
 89.11     (4) a state agency has delegated the administration of a 
 89.12  state permit program to the county.  
 89.13     Sec. 100.  Minnesota Statutes 2002, section 103B.331, 
 89.14  subdivision 3, is amended to read: 
 89.15     Subd. 3.  [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 
 89.16  county may: 
 89.17     (1) acquire in the name of the county, by condemnation 
 89.18  under chapter 117, real and personal property found by the 
 89.19  county board to be necessary for the implementation of an 
 89.20  approved comprehensive local water management plan; 
 89.21     (2) assess the costs of projects necessary to implement the 
 89.22  comprehensive local water management plan undertaken under 
 89.23  sections 103B.301 to 103B.355 upon the property benefited within 
 89.24  the county in the manner provided for municipalities by chapter 
 89.25  429; 
 89.26     (3) charge users for services provided by the county 
 89.27  necessary to implement the comprehensive local water management 
 89.28  plan; and 
 89.29     (4) establish one or more special taxing districts within 
 89.30  the county and issue bonds for the purpose of financing capital 
 89.31  improvements under sections 103B.301 to 103B.355.  
 89.32     Sec. 101.  Minnesota Statutes 2002, section 103B.3363, 
 89.33  subdivision 3, is amended to read: 
 89.34     Subd. 3.  [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 
 89.35  "Comprehensive local water management plan," means 
 89.36  "comprehensive water plan," "local water plan," and "local water 
 90.1   management plan" mean a county water plan authorized under 
 90.2   section 103B.311, a watershed management plan required under 
 90.3   section 103B.231, a watershed management plan required under 
 90.4   section 103D.401 or 103D.405, or a county groundwater plan 
 90.5   authorized under section 103B.255.  
 90.6      Sec. 102.  Minnesota Statutes 2002, section 103B.3369, 
 90.7   subdivision 2, is amended to read: 
 90.8      Subd. 2.  [ESTABLISHMENT.] A Local Water Resources 
 90.9   Protection and Management Program is established.  The board 
 90.10  shall may provide financial assistance to counties for local 
 90.11  units of government for activities that protect or manage water 
 90.12  and related land quality.  The activities include planning, 
 90.13  zoning, official controls, and other activities to 
 90.14  implement comprehensive local water management plans.  
 90.15     Sec. 103.  Minnesota Statutes 2002, section 103B.3369, 
 90.16  subdivision 4, is amended to read: 
 90.17     Subd. 4.  [CONTRACTS WITH LOCAL GOVERNMENTS.] A county 
 90.18  local unit of government may contract with other appropriate 
 90.19  local units of government to implement programs.  An explanation 
 90.20  of the program responsibilities proposed to be contracted with 
 90.21  other local units of government must accompany grant requests.  
 90.22  A county local unit of government that contracts with other 
 90.23  local units of government is responsible for ensuring that state 
 90.24  funds are properly expended and for providing an annual report 
 90.25  to the board describing expenditures of funds and program 
 90.26  accomplishments.  
 90.27     Sec. 104.  Minnesota Statutes 2002, section 103B.3369, 
 90.28  subdivision 5, is amended to read: 
 90.29     Subd. 5.  [FINANCIAL ASSISTANCE.] The board may award 
 90.30  grants to watershed management organizations in the seven-county 
 90.31  metropolitan area or counties to carry out water resource 
 90.32  protection and management programs identified as priorities in 
 90.33  comprehensive local water plans.  Grants may be used to employ 
 90.34  persons and to obtain and use information necessary to: 
 90.35     (1) develop comprehensive local water plans under sections 
 90.36  103B.255 and 103B.311 that have not received state funding for 
 91.1   water resources planning as provided for in Laws 1987, chapter 
 91.2   404, section 30, subdivision 5, clause (a); 
 91.3      (2) revise comprehensive local water plans under section 
 91.4   103B.201; and 
 91.5      (3) implement comprehensive local water plans.  
 91.6   A base grant shall may be awarded to a county that levies a 
 91.7   water implementation tax at a rate, which shall be determined by 
 91.8   the board.  The minimum amount of the water implementation tax 
 91.9   shall be a tax rate times the adjusted net tax capacity of the 
 91.10  county for the preceding year.  The rate shall be the rate, 
 91.11  rounded to the nearest .001 of a percent, that, when applied to 
 91.12  the adjusted net tax capacity for all counties, raises the 
 91.13  amount of $1,500,000.  The base grant will be in an amount equal 
 91.14  to $37,500 less the amount raised by that levy.  If the amount 
 91.15  necessary to implement the local water plan for the county is 
 91.16  less than $37,500, the amount of the base grant shall be the 
 91.17  amount that, when added to the levy amount, equals the amount 
 91.18  required to implement the plan.  For counties where the tax rate 
 91.19  generates an amount equal to or greater than $18,750, the base 
 91.20  grant shall be in an amount equal to $18,750. 
 91.21     Sec. 105.  Minnesota Statutes 2002, section 103B.3369, 
 91.22  subdivision 6, is amended to read: 
 91.23     Subd. 6.  [LIMITATIONS.] (a) Grants provided to implement 
 91.24  programs under this section must be reviewed by the state agency 
 91.25  having statutory program authority to assure compliance with 
 91.26  minimum state standards.  At the request of the state agency 
 91.27  commissioner, the board shall revoke the portion of a grant used 
 91.28  to support a program not in compliance.  
 91.29     (b) Grants provided to develop or revise comprehensive 
 91.30  local water management plans may not be awarded for a time 
 91.31  longer than two years.  
 91.32     (c) A county local unit of government may not request or be 
 91.33  awarded grants for project implementation unless a comprehensive 
 91.34  local management water plan has been adopted. 
 91.35     Sec. 106.  Minnesota Statutes 2002, section 103B.355, is 
 91.36  amended to read: 
 92.1      103B.355 [APPLICATION.] 
 92.2      Sections 103B.301 to 103B.355 do not apply in areas subject 
 92.3   to the requirements of sections 103B.201 to 103B.255 under 
 92.4   section 103B.231, subdivision 1, and in areas covered by an 
 92.5   agreement under section 103B.231, subdivision 2, except as 
 92.6   otherwise provided in sections section 103B.311, subdivision 4, 
 92.7   clause (4); and 103B.315, subdivisions 1, clauses (3) and (4), 
 92.8   and 2, clause (b). 
 92.9      Sec. 107.  Minnesota Statutes 2002, section 103D.341, 
 92.10  subdivision 2, is amended to read: 
 92.11     Subd. 2.  [PROCEDURE.] (a) Rules of the watershed district 
 92.12  must be adopted or amended by a majority vote of the managers, 
 92.13  after public notice and hearing.  Rules must be signed by the 
 92.14  secretary of the board of managers and recorded in the board of 
 92.15  managers' official minute book. 
 92.16     (b) Prior to adoption, the proposed rule or amendment to 
 92.17  the rule must be submitted to the board for review and comment.  
 92.18  The board's review shall be considered advisory.  The board 
 92.19  shall have 45 days from receipt of the proposed rule or 
 92.20  amendment to the rule to provide its comments in writing to the 
 92.21  watershed district.  Proposed rules or amendments to the rule 
 92.22  shall also be noticed for review and comment to all public 
 92.23  transportation authorities that have jurisdiction within the 
 92.24  watershed district at least 45 days prior to adoption.  The 
 92.25  public transportation authorities have 45 days from receipt of 
 92.26  the proposed rule or amendment to the rule to provide comments 
 92.27  in writing to the watershed district.  
 92.28     (c) For each county affected by the watershed district, the 
 92.29  managers must publish a notice of hearings and adopted rules in 
 92.30  one or more legal newspapers published in the county and 
 92.31  generally circulated in the watershed district.  The managers 
 92.32  must also provide written notice of adopted or amended rules to 
 92.33  public transportation authorities that have jurisdiction within 
 92.34  the watershed district.  The managers must file adopted rules 
 92.35  with the county recorder of each county affected by the 
 92.36  watershed district and the board. 
 93.1      (d) The managers must mail a copy of the rules to the 
 93.2   governing body of each municipality affected by the watershed 
 93.3   district.  
 93.4      Sec. 108.  Minnesota Statutes 2002, section 103D.345, is 
 93.5   amended by adding a subdivision to read: 
 93.6      Subd. 6.  [GENERAL PERMITS.] A watershed district may issue 
 93.7   general permits for public transportation projects for work on 
 93.8   existing roads. 
 93.9      Sec. 109.  Minnesota Statutes 2002, section 103D.405, 
 93.10  subdivision 2, is amended to read: 
 93.11     Subd. 2.  [REQUIRED TEN-YEAR REVISION.] (a) After ten years 
 93.12  and six months from the date that the board approved a watershed 
 93.13  management plan or the last revised watershed management plan, 
 93.14  the managers must consider the requirements under subdivision 1 
 93.15  and adopt a revised watershed management plan outline and send a 
 93.16  copy of the outline to the board.  
 93.17     (b) By 60 days after receiving a revised watershed 
 93.18  management plan outline, the board must review it, adopt 
 93.19  recommendations regarding the revised watershed management plan 
 93.20  outline, and send the recommendations to the managers.  
 93.21     (c) By 120 days After receiving the board's recommendations 
 93.22  regarding the revised watershed management plan outline, the 
 93.23  managers must complete the revised watershed management plan.  
 93.24     Sec. 110.  Minnesota Statutes 2002, section 103D.537, is 
 93.25  amended to read: 
 93.26     103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS 
 93.27  NOT INVOLVING PROJECTS.] 
 93.28     (a) Except as provided in section 103D.535, an interested 
 93.29  party may appeal a permit decision or order made by the managers 
 93.30  by a declaratory judgment action brought under chapter 555.  An 
 93.31  interested party may appeal a rule made by the managers by a 
 93.32  declaratory judgment action brought under chapter 555 or by 
 93.33  appeal to the board.  The decision on appeal must be based on 
 93.34  the record made in the proceeding before the managers.  An 
 93.35  appeal of a permit decision or order must be filed within 30 
 93.36  days of the managers' decision. 
 94.1      (b) In addition to the authorities identified in paragraph 
 94.2   (a), a public transportation authority may appeal a watershed 
 94.3   district permit decision to the board.  The board shall, upon 
 94.4   request of the public transportation authority, conduct an 
 94.5   expedited appeal hearing within 30 days or less from the date of 
 94.6   the appeal being accepted. 
 94.7      (c) By January 1, 1997 2005, the board shall adopt rules 
 94.8   governing appeals to the board under paragraph 
 94.9   paragraphs (a) and (b).  A decision of the board on appeal is 
 94.10  subject to judicial review under sections 14.63 to 14.69.  The 
 94.11  rules authorized in this paragraph are exempt from the 
 94.12  rulemaking provisions of chapter 14 except that section 14.386 
 94.13  applies and the proposed rules must be submitted to the members 
 94.14  of senate and house environment and natural resource and 
 94.15  transportation policy committees at least 30 days prior to being 
 94.16  published in the State Register.  The amended rules are 
 94.17  effective for two years from the date of publication of the 
 94.18  rules in the State Register unless they are superseded by 
 94.19  permanent rules. 
 94.20     Sec. 111.  Minnesota Statutes 2002, section 103G.005, 
 94.21  subdivision 10e, is amended to read: 
 94.22     Subd. 10e.  [LOCAL GOVERNMENT UNIT.] "Local government 
 94.23  unit" means: 
 94.24     (1) outside of the seven-county metropolitan area, a city 
 94.25  council or, county board of commissioners, or a soil and water 
 94.26  conservation district or their delegate; 
 94.27     (2) in the seven-county metropolitan area, a city council, 
 94.28  a town board under section 368.01, or a watershed management 
 94.29  organization under section 103B.211, or a soil and water 
 94.30  conservation district or their delegate; and 
 94.31     (3) on state land, the agency with administrative 
 94.32  responsibility for the land. 
 94.33     Sec. 112.  Minnesota Statutes 2002, section 103G.222, 
 94.34  subdivision 1, is amended to read: 
 94.35     Subdivision 1.  [REQUIREMENTS.] (a) Wetlands must not be 
 94.36  drained or filled, wholly or partially, unless replaced by 
 95.1   restoring or creating wetland areas of at least equal public 
 95.2   value under a replacement plan approved as provided in section 
 95.3   103G.2242, a replacement plan under a local governmental unit's 
 95.4   comprehensive wetland protection and management plan approved by 
 95.5   the board under section 103G.2243, or, if a permit to mine is 
 95.6   required under section 93.481, under a mining reclamation plan 
 95.7   approved by the commissioner under the permit to mine.  Mining 
 95.8   reclamation plans shall apply the same principles and standards 
 95.9   for replacing wetlands by restoration or creation of wetland 
 95.10  areas that are applicable to mitigation plans approved as 
 95.11  provided in section 103G.2242.  Public value must be determined 
 95.12  in accordance with section 103B.3355 or a comprehensive wetland 
 95.13  protection and management plan established under section 
 95.14  103G.2243.  Sections 103G.221 to 103G.2372 also apply to 
 95.15  excavation in permanently and semipermanently flooded areas of 
 95.16  types 3, 4, and 5 wetlands. 
 95.17     (b) Replacement must be guided by the following principles 
 95.18  in descending order of priority: 
 95.19     (1) avoiding the direct or indirect impact of the activity 
 95.20  that may destroy or diminish the wetland; 
 95.21     (2) minimizing the impact by limiting the degree or 
 95.22  magnitude of the wetland activity and its implementation; 
 95.23     (3) rectifying the impact by repairing, rehabilitating, or 
 95.24  restoring the affected wetland environment; 
 95.25     (4) reducing or eliminating the impact over time by 
 95.26  preservation and maintenance operations during the life of the 
 95.27  activity; 
 95.28     (5) compensating for the impact by restoring a wetland; and 
 95.29     (6) compensating for the impact by replacing or providing 
 95.30  substitute wetland resources or environments. 
 95.31     For a project involving the draining or filling of wetlands 
 95.32  in an amount not exceeding 10,000 square feet more than the 
 95.33  applicable amount in section 103G.2241, subdivision 9, paragraph 
 95.34  (a), the local government unit may make an on-site sequencing 
 95.35  determination without a written alternatives analysis from the 
 95.36  applicant. 
 96.1      (c) If a wetland is located in a cultivated field, then 
 96.2   replacement must be accomplished through restoration only 
 96.3   without regard to the priority order in paragraph (b), provided 
 96.4   that a deed restriction is placed on the altered wetland 
 96.5   prohibiting nonagricultural use for at least ten years.  
 96.6      (d) Restoration and replacement of wetlands must be 
 96.7   accomplished in accordance with the ecology of the landscape 
 96.8   area affected. 
 96.9      (e) Except as provided in paragraph (f), for a wetland or 
 96.10  public waters wetland located on nonagricultural land, 
 96.11  replacement must be in the ratio of two acres of replaced 
 96.12  wetland for each acre of drained or filled wetland. 
 96.13     (f) For a wetland or public waters wetland located on 
 96.14  agricultural land or in a greater than 80 percent area, 
 96.15  replacement must be in the ratio of one acre of replaced wetland 
 96.16  for each acre of drained or filled wetland.  
 96.17     (g) Wetlands that are restored or created as a result of an 
 96.18  approved replacement plan are subject to the provisions of this 
 96.19  section for any subsequent drainage or filling. 
 96.20     (h) Except in a greater than 80 percent area, only wetlands 
 96.21  that have been restored from previously drained or filled 
 96.22  wetlands, wetlands created by excavation in nonwetlands, 
 96.23  wetlands created by dikes or dams along public or private 
 96.24  drainage ditches, or wetlands created by dikes or dams 
 96.25  associated with the restoration of previously drained or filled 
 96.26  wetlands may be used in a statewide banking program established 
 96.27  in rules adopted under section 103G.2242, subdivision 1.  
 96.28  Modification or conversion of nondegraded naturally occurring 
 96.29  wetlands from one type to another are not eligible for 
 96.30  enrollment in a statewide wetlands bank. 
 96.31     (i) The technical evaluation panel established under 
 96.32  section 103G.2242, subdivision 2, shall ensure that sufficient 
 96.33  time has occurred for the wetland to develop wetland 
 96.34  characteristics of soils, vegetation, and hydrology before 
 96.35  recommending that the wetland be deposited in the statewide 
 96.36  wetland bank.  If the technical evaluation panel has reason to 
 97.1   believe that the wetland characteristics may change 
 97.2   substantially, the panel shall postpone its recommendation until 
 97.3   the wetland has stabilized. 
 97.4      (j) This section and sections 103G.223 to 103G.2242, 
 97.5   103G.2364, and 103G.2365 apply to the state and its departments 
 97.6   and agencies. 
 97.7      (k) For projects involving draining or filling of wetlands 
 97.8   associated with a new public transportation project in a greater 
 97.9   than 80 percent area, and for projects expanded solely for 
 97.10  additional traffic capacity, public transportation authorities, 
 97.11  other than the state department of transportation, may purchase 
 97.12  credits from the state wetland bank established with proceeds 
 97.13  from Laws 1994, chapter 643, section 26, subdivision 3, 
 97.14  paragraph (c).  Wetland banking credits may be purchased at the 
 97.15  least of the following, but in no case shall the purchase price 
 97.16  be less than $400 per acre:  (1) the cost to the state to 
 97.17  establish the credits; (2) the average estimated market value of 
 97.18  agricultural land in the township where the road project is 
 97.19  located, as determined by the commissioner of revenue; or (3) 
 97.20  the average value of the land in the immediate vicinity of the 
 97.21  road project as determined by the county assessor.  Public 
 97.22  transportation authorities in a less than 80 percent area may 
 97.23  purchase credits from the state board at the cost to the state 
 97.24  board to establish credits. 
 97.25     (l) A replacement plan for wetlands is not required for 
 97.26  individual projects that result in the filling or draining of 
 97.27  wetlands for the repair, rehabilitation, reconstruction, or 
 97.28  replacement of a currently serviceable existing state, city, 
 97.29  county, or town public road necessary, as determined by the 
 97.30  public transportation authority, to meet state or federal design 
 97.31  or safety standards or requirements, excluding new roads or 
 97.32  roads expanded solely for additional traffic capacity lanes.  
 97.33  This paragraph only applies to authorities for public 
 97.34  transportation projects that: 
 97.35     (1) minimize the amount of wetland filling or draining 
 97.36  associated with the project and consider mitigating important 
 98.1   site-specific wetland functions on-site; 
 98.2      (2) except as provided in clause (3), submit 
 98.3   project-specific reports to the board, the technical evaluation 
 98.4   panel, the commissioner of natural resources, and members of the 
 98.5   public requesting a copy at least 30 days prior to construction 
 98.6   that indicate the location, amount, and type of wetlands to be 
 98.7   filled or drained by the project or, alternatively, convene an 
 98.8   annual meeting of the parties required to receive notice to 
 98.9   review projects to be commenced during the upcoming year; and 
 98.10     (3) for minor and emergency maintenance work impacting less 
 98.11  than 10,000 square feet, submit project-specific reports, within 
 98.12  30 days of commencing the activity, to the board that indicate 
 98.13  the location, amount, and type of wetlands that have been filled 
 98.14  or drained. 
 98.15     Those required to receive notice of public transportation 
 98.16  projects may appeal minimization, delineation, and on-site 
 98.17  mitigation decisions made by the public transportation authority 
 98.18  to the board according to the provisions of section 103G.2242, 
 98.19  subdivision 9.  The technical evaluation panel shall review 
 98.20  minimization and delineation decisions made by the public 
 98.21  transportation authority and provide recommendations regarding 
 98.22  on-site mitigation if requested to do so by the local government 
 98.23  unit, a contiguous landowner, or a member of the technical 
 98.24  evaluation panel. 
 98.25     Except for state public transportation projects, for which 
 98.26  the state department of transportation is responsible, the board 
 98.27  must replace the wetlands, and wetland areas of public waters if 
 98.28  authorized by the commissioner or a delegated authority, drained 
 98.29  or filled by public transportation projects on existing roads. 
 98.30     Public transportation authorities at their discretion may 
 98.31  deviate from federal and state design standards on existing road 
 98.32  projects when practical and reasonable to avoid wetland filling 
 98.33  or draining, provided that public safety is not unreasonably 
 98.34  compromised.  The local road authority and its officers and 
 98.35  employees are exempt from liability for any tort claim for 
 98.36  injury to persons or property arising from travel on the highway 
 99.1   and related to the deviation from the design standards for 
 99.2   construction or reconstruction under this paragraph.  This 
 99.3   paragraph does not preclude an action for damages arising from 
 99.4   negligence in construction or maintenance on a highway. 
 99.5      (m) If a landowner seeks approval of a replacement plan 
 99.6   after the proposed project has already affected the wetland, the 
 99.7   local government unit may require the landowner to replace the 
 99.8   affected wetland at a ratio not to exceed twice the replacement 
 99.9   ratio otherwise required. 
 99.10     (n) A local government unit may request the board to 
 99.11  reclassify a county or watershed on the basis of its percentage 
 99.12  of presettlement wetlands remaining.  After receipt of 
 99.13  satisfactory documentation from the local government, the board 
 99.14  shall change the classification of a county or watershed.  If 
 99.15  requested by the local government unit, the board must assist in 
 99.16  developing the documentation.  Within 30 days of its action to 
 99.17  approve a change of wetland classifications, the board shall 
 99.18  publish a notice of the change in the Environmental Quality 
 99.19  Board Monitor. 
 99.20     (o) One hundred citizens who reside within the jurisdiction 
 99.21  of the local government unit may request the local government 
 99.22  unit to reclassify a county or watershed on the basis of its 
 99.23  percentage of presettlement wetlands remaining.  In support of 
 99.24  their petition, the citizens shall provide satisfactory 
 99.25  documentation to the local government unit.  The local 
 99.26  government unit shall consider the petition and forward the 
 99.27  request to the board under paragraph (n) or provide a reason why 
 99.28  the petition is denied. 
 99.29     Sec. 113.  Minnesota Statutes 2002, section 103G.222, 
 99.30  subdivision 3, is amended to read: 
 99.31     Subd. 3.  [WETLAND REPLACEMENT SITING.] (a) Siting wetland 
 99.32  replacement must follow this priority order: 
 99.33     (1) on site or in the same minor watershed as the affected 
 99.34  wetland; 
 99.35     (2) in the same watershed as the affected wetland; 
 99.36     (3) in the same county as the affected wetland; 
100.1      (4) in an adjacent watershed or county to the affected 
100.2   wetland; and 
100.3      (5) statewide, only for wetlands affected in greater than 
100.4   80 percent areas and for public transportation projects, except 
100.5   that wetlands affected in less than 50 percent areas must be 
100.6   replaced in less than 50 percent areas, and wetlands affected in 
100.7   the seven-county metropolitan area must be replaced at a ratio 
100.8   of two to one in:  (i) the affected county or, if no restoration 
100.9   opportunities exist in the county, (ii) in another of the seven 
100.10  metropolitan counties, or (iii) in one of the major watersheds 
100.11  that are wholly or partially within the seven-county 
100.12  metropolitan area county, but at least one to one must be 
100.13  replaced within the seven-county metropolitan area. 
100.14     (b) The exception in paragraph (a), clause (5), does not 
100.15  apply to replacement completed using wetland banking credits 
100.16  established by a person who submitted a complete wetland banking 
100.17  application to a local government unit by April 1, 1996. 
100.18     (c) When reasonable, practicable, and environmentally 
100.19  beneficial replacement opportunities are not available in siting 
100.20  priorities listed in paragraph (a), the applicant may seek 
100.21  opportunities at the next level. 
100.22     (d) For the purposes of this section, "reasonable, 
100.23  practicable, and environmentally beneficial replacement 
100.24  opportunities" are defined as opportunities that: 
100.25     (1) take advantage of naturally occurring 
100.26  hydrogeomorphological conditions and require minimal landscape 
100.27  alteration; 
100.28     (2) have a high likelihood of becoming a functional wetland 
100.29  that will continue in perpetuity; 
100.30     (3) do not adversely affect other habitat types or 
100.31  ecological communities that are important in maintaining the 
100.32  overall biological diversity of the area; and 
100.33     (4) are available and capable of being done after taking 
100.34  into consideration cost, existing technology, and logistics 
100.35  consistent with overall project purposes. 
100.36     (e) Regulatory agencies, local government units, and other 
101.1   entities involved in wetland restoration shall collaborate to 
101.2   identify potential replacement opportunities within their 
101.3   jurisdictional areas. 
101.4      Sec. 114.  Minnesota Statutes 2002, section 103G.2242, is 
101.5   amended by adding a subdivision to read: 
101.6      Subd. 14.  [FEES ESTABLISHED.] Fees must be assessed for 
101.7   managing wetland bank accounts and transactions as follows: 
101.8      (1) account maintenance annual fee:  one percent of the 
101.9   value of credits not to exceed $500; 
101.10     (2) account establishment, deposit, or transfer:  6.5 
101.11  percent of the value of credits not to exceed $1,000 per 
101.12  establishment, deposit, or transfer; and 
101.13     (3) withdrawal fee:  6.5 percent of the value of credits 
101.14  withdrawn. 
101.15     Sec. 115.  Minnesota Statutes 2002, section 103G.2242, is 
101.16  amended by adding a subdivision to read: 
101.17     Subd. 15.  [FEES PAID TO BOARD.] All fees established in 
101.18  subdivision 14 must be paid to the board of water and soil 
101.19  resources and credited to the general fund to be used for the 
101.20  purpose of administration of the wetland bank. 
101.21     Sec. 116.  Minnesota Statutes 2002, section 103G.271, 
101.22  subdivision 6, is amended to read: 
101.23     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
101.24  described in paragraphs (b) to (f), a water use permit 
101.25  processing fee must be prescribed by the commissioner in 
101.26  accordance with the following schedule of fees in this 
101.27  subdivision for each water use permit in force at any time 
101.28  during the year.  The schedule is as follows, with the stated 
101.29  fee in each clause applied to the total amount appropriated: 
101.30     (1) 0.05 cents per 1,000 gallons $101 for the first amounts 
101.31  not exceeding 50,000,000 gallons per year; 
101.32     (2) 0.10 cents $3 per 1,000 1,000,000 gallons for amounts 
101.33  greater than 50,000,000 gallons but less than 100,000,000 
101.34  gallons per year; 
101.35     (3) 0.15 cents $3.50 per 1,000 1,000,000 gallons for 
101.36  amounts greater than 100,000,000 gallons but less than 
102.1   150,000,000 gallons per year; 
102.2      (4) 0.20 cents $4 per 1,000 1,000,000 gallons for amounts 
102.3   greater than 150,000,000 gallons but less than 200,000,000 
102.4   gallons per year; 
102.5      (5) 0.25 cents $4.50 per 1,000 1,000,000 gallons for 
102.6   amounts greater than 200,000,000 gallons but less than 
102.7   250,000,000 gallons per year; 
102.8      (6) 0.30 cents $5 per 1,000 1,000,000 gallons for amounts 
102.9   greater than 250,000,000 gallons but less than 300,000,000 
102.10  gallons per year; 
102.11     (7) 0.35 cents $5.50 per 1,000 1,000,000 gallons for 
102.12  amounts greater than 300,000,000 gallons but less than 
102.13  350,000,000 gallons per year; 
102.14     (8) 0.40 cents $6 per 1,000 1,000,000 gallons for amounts 
102.15  greater than 350,000,000 gallons but less than 400,000,000 
102.16  gallons per year; and 
102.17     (9) 0.45 cents $6.50 per 1,000 1,000,000 gallons for 
102.18  amounts greater than 400,000,000 gallons but less than 
102.19  450,000,000 gallons per year.; 
102.20     (10) $7 per 1,000,000 gallons for amounts greater than 
102.21  450,000,000 gallons but less than 500,000,000 gallons per year; 
102.22  and 
102.23     (11) $7.50 per 1,000,000 gallons for amounts greater than 
102.24  500,000,000 gallons per year. 
102.25     (b) For once-through cooling systems, a water use 
102.26  processing fee must be prescribed by the commissioner in 
102.27  accordance with the following schedule of fees for each water 
102.28  use permit in force at any time during the year: 
102.29     (1) for nonprofit corporations and school districts, 15.0 
102.30  cents $150 per 1,000 1,000,000 gallons; and 
102.31     (2) for all other users, 20 cents $200 per 1,000 1,000,000 
102.32  gallons. 
102.33     (c) The fee is payable based on the amount of water 
102.34  appropriated during the year and, except as provided in 
102.35  paragraph (f), the minimum fee is $50 $100.  
102.36     (d) For water use processing fees other than once-through 
103.1   cooling systems:  
103.2      (1) the fee for a city of the first class may not exceed 
103.3   $175,000 $250,000 per year; 
103.4      (2) the fee for other entities for any permitted use may 
103.5   not exceed: 
103.6      (i) $35,000 $50,000 per year for an entity holding three or 
103.7   fewer permits; 
103.8      (ii) $50,000 $75,000 per year for an entity holding four or 
103.9   five permits; 
103.10     (iii) $175,000 $250,000 per year for an entity holding more 
103.11  than five permits; 
103.12     (3) the fee for agricultural irrigation may not exceed $750 
103.13  per year; 
103.14     (4) the fee for a municipality that furnishes electric 
103.15  service and cogenerates steam for home heating may not exceed 
103.16  $10,000 for its permit for water use related to the cogeneration 
103.17  of electricity and steam; and 
103.18     (5) no fee is required for a project involving the 
103.19  appropriation of surface water to prevent flood damage or to 
103.20  remove flood waters during a period of flooding, as determined 
103.21  by the commissioner.  
103.22     (e) Failure to pay the fee is sufficient cause for revoking 
103.23  a permit.  A penalty of two percent per month calculated from 
103.24  the original due date must be imposed on the unpaid balance of 
103.25  fees remaining 30 days after the sending of a second notice of 
103.26  fees due.  A fee may not be imposed on an agency, as defined in 
103.27  section 16B.01, subdivision 2, or federal governmental agency 
103.28  holding a water appropriation permit. 
103.29     (f) The minimum water use processing fee for a permit 
103.30  issued for irrigation of agricultural land is $10 $20 for years 
103.31  in which: 
103.32     (1) there is no appropriation of water under the permit; or 
103.33     (2) the permit is suspended for more than seven consecutive 
103.34  days between May 1 and October 1. 
103.35     Sec. 117.  Minnesota Statutes 2002, section 103G.271, 
103.36  subdivision 6a, is amended to read: 
104.1      Subd. 6a.  [PAYMENT OF FEES FOR PAST UNPERMITTED 
104.2   APPROPRIATIONS.] An entity that appropriates water without a 
104.3   required permit under subdivision 1 must pay the applicable 
104.4   water use permit processing fee specified in subdivision 6 for 
104.5   the period during which the unpermitted appropriation occurred.  
104.6   The fees for unpermitted appropriations are required for the 
104.7   previous seven calendar years after being notified of the need 
104.8   for a permit.  This fee is in addition to any other fee or 
104.9   penalty assessed. 
104.10     Sec. 118.  Minnesota Statutes 2002, section 103G.611, 
104.11  subdivision 1, is amended to read: 
104.12     Subdivision 1.  [REQUIREMENT REQUIREMENTS.] (a) The fee for 
104.13  a permit to operate an aeration system on public waters during 
104.14  periods of ice cover is $250.  The commissioner may waive the 
104.15  fee for aeration systems that are assisting efforts to maintain 
104.16  angling opportunities through the prevention of winterkill.  To 
104.17  be eligible for the fee waiver, the lake being aerated must have 
104.18  public access and aeration must be identified as a desirable 
104.19  management tool in a plan approved by the commissioner.  
104.20  Operation of the aeration system in a manner not consistent with 
104.21  the approved plan represents justification for rescinding the 
104.22  fee waiver.  The fee may not be charged to the state or a 
104.23  federal governmental agency applying for a permit.  The money 
104.24  received for permits under this subdivision must be deposited in 
104.25  the treasury and credited to the game and fish fund. 
104.26     (b) A person operating an aeration system on public waters 
104.27  under a water aeration permit must comply with the sign posting 
104.28  requirements of this section and applicable rules of the 
104.29  commissioner.  
104.30     Sec. 119.  Minnesota Statutes 2002, section 103G.615, 
104.31  subdivision 2, is amended to read: 
104.32     Subd. 2.  [FEES.] (a) The commissioner shall establish a 
104.33  fee schedule for permits to harvest aquatic plants other than 
104.34  wild rice, by order, after holding a public hearing.  The fees 
104.35  may not exceed $200 $750 per permit based upon the cost of 
104.36  receiving, processing, analyzing, and issuing the permit, and 
105.1   additional costs incurred after the application to inspect and 
105.2   monitor the activities authorized by the permit, and enforce 
105.3   aquatic plant management rules and permit requirements. 
105.4      (b) The fee for a permit for chemical treatment the 
105.5   destruction of rooted aquatic vegetation may not exceed $20 is 
105.6   $35 for each contiguous parcel of shoreline owned by an owner.  
105.7   This fee may not be charged for permits issued in connection 
105.8   with lakewide Eurasian water milfoil control programs. 
105.9      (c) A fee may not be charged to the state or a federal 
105.10  governmental agency applying for a permit. 
105.11     (d) The money received for the permits under this 
105.12  subdivision shall be deposited in the treasury and credited to 
105.13  the game and fish fund.  
105.14     Sec. 120.  Minnesota Statutes 2002, section 115.03, is 
105.15  amended by adding a subdivision to read: 
105.16     Subd. 5b.  [STORM WATER PERMITS; COMPLIANCE WITH 
105.17  NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 
105.18  period in which this subdivision is in effect, all point source 
105.19  storm water discharges that are subject to and in compliance 
105.20  with an individual or general storm water permit issued by the 
105.21  pollution control agency under the National Pollution Discharge 
105.22  Elimination System are considered to be in compliance with the 
105.23  nondegradation and mitigation requirements of agency water 
105.24  quality rules. 
105.25     (b) This subdivision is repealed on the earlier of July 1, 
105.26  2007, or the effective date of rules adopted by the pollution 
105.27  control agency that provide specific mechanisms or criteria to 
105.28  determine whether point source storm water discharges comply 
105.29  with the nondegradation and mitigation requirements of agency 
105.30  water quality rules. 
105.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
105.32  following final enactment. 
105.33     Sec. 121.  Minnesota Statutes 2002, section 115.03, is 
105.34  amended by adding a subdivision to read: 
105.35     Subd. 5c.  [REGULATION OF STORM WATER DISCHARGES.] (a) The 
105.36  agency may issue a general permit to any category or subcategory 
106.1   of point source storm water discharges that it deems 
106.2   administratively reasonable and efficient without making any 
106.3   findings under agency rules.  Nothing in this subdivision 
106.4   precludes the agency from requiring an individual permit for a 
106.5   point source storm water discharge if the agency finds that it 
106.6   is appropriate under applicable legal or regulatory standards. 
106.7      (b) Pursuant to this paragraph, the legislature authorizes 
106.8   the agency to adopt and enforce rules regulating point source 
106.9   storm water discharges.  No further legislative approval is 
106.10  required under any other legal or statutory provision whether 
106.11  enacted before or after the enactment of this section. 
106.12     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
106.13  following final enactment. 
106.14     Sec. 122.  [115.42] [NONINGESTED SOURCE PHOSPHORUS 
106.15  REDUCTION GOAL.] 
106.16     The state goal for reducing phosphorus from noningested 
106.17  sources entering municipal wastewater treatment systems is at 
106.18  least a 50 percent reduction based on the timeline for reduction 
106.19  developed by the commissioner under section 166, and a 
106.20  reasonable estimate of the amount of phosphorus from noningested 
106.21  sources entering municipal wastewater treatment systems in 
106.22  calendar year 2003. 
106.23     Sec. 123.  Minnesota Statutes 2002, section 115.55, 
106.24  subdivision 1, is amended to read: 
106.25     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
106.26  subdivision apply to this section and section sections 115.55 to 
106.27  115.56. 
106.28     (b) "Advisory committee" means the advisory committee on 
106.29  individual sewage treatment systems established under the 
106.30  individual sewage treatment system rules.  The advisory 
106.31  committee must be appointed to ensure geographic representation 
106.32  of the state and include elected public officials. 
106.33     (c) "Applicable requirements" means: 
106.34     (1) local ordinances that comply with the individual sewage 
106.35  treatment system rules, as required in subdivision 2; or 
106.36     (2) in areas not subject to the ordinances described in 
107.1   clause (1), the individual sewage treatment system rules. 
107.2      (d) "City" means a statutory or home rule charter city. 
107.3      (e) "Commissioner" means the commissioner of the pollution 
107.4   control agency. 
107.5      (f) "Dwelling" means a building or place used or intended 
107.6   to be used by human occupants as a single-family or two-family 
107.7   unit. 
107.8      (g) "Individual sewage treatment system" or "system" means 
107.9   a sewage treatment system, or part thereof, serving a dwelling, 
107.10  other establishment, or group thereof, that uses subsurface soil 
107.11  treatment and disposal. 
107.12     (h) "Individual sewage treatment system professional" means 
107.13  an inspector, installer, site evaluator or designer, or pumper. 
107.14     (i) "Individual sewage treatment system rules" means rules 
107.15  adopted by the agency that establish minimum standards and 
107.16  criteria for the design, location, installation, use, and 
107.17  maintenance of individual sewage treatment systems. 
107.18     (j) "Inspector" means a person who inspects individual 
107.19  sewage treatment systems for compliance with the applicable 
107.20  requirements. 
107.21     (k) "Installer" means a person who constructs or repairs 
107.22  individual sewage treatment systems. 
107.23     (l) "Local unit of government" means a township, city, or 
107.24  county. 
107.25     (m) "Pumper" means a person who maintains components of 
107.26  individual sewage treatment systems including, but not limited 
107.27  to, septic, aerobic, and holding tanks. 
107.28     (n) "Seasonal dwelling" means a dwelling that is occupied 
107.29  or used for less than 180 days per year and less than 120 
107.30  consecutive days. 
107.31     (o) "Septic system tank" means any covered receptacle 
107.32  designed, constructed, and installed as part of an individual 
107.33  sewage treatment system. 
107.34     (p) "Site evaluator or designer" means a person who: 
107.35     (1) investigates soils and site characteristics to 
107.36  determine suitability, limitations, and sizing requirements; and 
108.1      (2) designs individual sewage treatment systems. 
108.2      Sec. 124.  [115.551] [TANK FEE.] 
108.3      An installer shall pay a fee of $25 for each septic system 
108.4   tank installed in the previous calendar year.  The fees required 
108.5   under this section must be paid to the commissioner by January 
108.6   30 of each year.  The revenue derived from the fee imposed under 
108.7   this section shall be deposited in the environmental fund and is 
108.8   exempt from section 16A.1285. 
108.9      Sec. 125.  Minnesota Statutes 2002, section 115A.54, is 
108.10  amended by adding a subdivision to read: 
108.11     Subd. 4.  [TERMINATION OF OBLIGATIONS; GOOD-FAITH 
108.12  EFFORT.] Notwithstanding the provisions of section 16A.695, the 
108.13  director may terminate the obligations of a grant or loan 
108.14  recipient under this section, if the director finds that the 
108.15  recipient has made a good-faith effort to exhaust all options in 
108.16  trying to comply with the terms and conditions of the grant or 
108.17  loan.  In lieu of declaring a default on a grant or a loan under 
108.18  this section, the director may identify additional measures a 
108.19  recipient should take in order to meet the good-faith test 
108.20  required for terminating the recipient's obligations under this 
108.21  section.  By December 15 of each year, the director shall report 
108.22  to the legislature the defaults and terminations the director 
108.23  has ordered in the previous year, if any.  No decision on 
108.24  termination under this section is effective until the end of the 
108.25  legislative session following the director's report. 
108.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
108.27  following final enactment. 
108.28     Sec. 126.  Minnesota Statutes 2002, section 115A.545, 
108.29  subdivision 2, is amended to read: 
108.30     Subd. 2.  [PROCESSING PAYMENT.] (a) The director shall pay 
108.31  counties a processing payment for each ton of mixed municipal 
108.32  solid waste that is generated in the county and processed at a 
108.33  resource recovery facility.  The processing payment shall be $5 
108.34  for each ton of mixed municipal solid waste processed.  
108.35     (b) The director shall also pay a processing payment to a 
108.36  county that does not qualify under paragraph (a) that 
109.1   constructed a processing facility and that either: 
109.2      (1) contracts for waste generated in the county to be 
109.3   received at a facility in that county; or 
109.4      (2) has a comprehensive solid waste management plan 
109.5   approved by the director under section 115A.46 that demonstrates 
109.6   the intention of the county to make the processing facility 
109.7   operational. 
109.8      The processing payment shall be $5 for each ton of mixed 
109.9   municipal waste generated in the county and delivered under 
109.10  contract with the county. 
109.11     (c) By the last day of October, January, April, and July, 
109.12  each county claiming the processing payment shall file a claim 
109.13  for payment with the director for the three previous months 
109.14  certifying the number of tons of mixed municipal solid waste 
109.15  that were generated in the county and processed at a resource 
109.16  recovery facility.  The director shall pay the processing 
109.17  payments by November 15, February 15, May 15, and August 15 each 
109.18  year.  
109.19     (d) (c) If the total amount for which all counties are 
109.20  eligible in a quarter exceeds the amount available for payment, 
109.21  the director shall make the payments on a pro rata basis.  
109.22     (e) (d) All of the money received by a county under 
109.23  paragraph (a) must be used to lower the tipping fee for waste to 
109.24  be processed at a resource recovery facility. 
109.25     (f) Amounts received by a county under: 
109.26     (1) paragraph (b), clause (1), must be used to lower the 
109.27  tipping fee for waste received at a waste management facility 
109.28  within the county for waste received under contract with the 
109.29  county at a facility in the county; or 
109.30     (2) paragraph (b), clause (2), must be used to assist in 
109.31  making the county's processing facility operational. 
109.32     Sec. 127.  Minnesota Statutes 2002, section 115A.908, 
109.33  subdivision 2, is amended to read: 
109.34     Subd. 2.  [DEPOSIT OF REVENUE.] (a) From July 1, 2003, 
109.35  through June 30, 2007, revenue collected shall be credited to 
109.36  the general fund. 
110.1      (b) After June 30, 2007, revenue collected shall be 
110.2   credited to the motor vehicle transfer account in the 
110.3   environmental fund.  As cash flow permits, the commissioner of 
110.4   finance must transfer (1) $3,200,000 each fiscal year from the 
110.5   motor vehicle transfer account to the environmental response, 
110.6   compensation, and compliance account established in section 
110.7   115B.20; and (2) $1,200,000 each fiscal year from the motor 
110.8   vehicle transfer account to the general fund. 
110.9      Sec. 128.  Minnesota Statutes 2002, section 115A.919, 
110.10  subdivision 1, is amended to read: 
110.11     Subdivision 1.  [FEE.] (a) A county may impose a fee, by 
110.12  cubic yard of waste or its equivalent, on operators of 
110.13  facilities for the disposal of mixed municipal solid waste or 
110.14  construction debris located within the county.  The revenue from 
110.15  the fees shall be credited to the county general fund and shall 
110.16  be used only for landfill abatement purposes, or costs of 
110.17  closure, postclosure care, and response actions or for purposes 
110.18  of mitigating and compensating for the local risks, costs, and 
110.19  other adverse effects of facilities.  The interest generated 
110.20  from fees imposed under this subdivision may be credited to the 
110.21  county general fund for use by a county for other purposes. 
110.22     (b) Fees for construction debris facilities may not exceed 
110.23  50 cents per cubic yard.  Revenues from the fees must offset any 
110.24  financial assurances required by the county for a construction 
110.25  debris facility.  The maximum revenue that may be collected for 
110.26  a construction debris facility must be determined by multiplying 
110.27  the total permitted capacity of the facility by 15 cents per 
110.28  cubic yard.  Once the maximum revenue has been collected for a 
110.29  facility, the fee may no longer be imposed.  The limitation on 
110.30  the fees in this paragraph and in section 115A.921, subdivision 
110.31  2, are not intended to alter the liability of the facility 
110.32  operator or the authority of the agency to impose financial 
110.33  assurance requirements. 
110.34     Sec. 129.  [115A.9565] [CATHODE-RAY TUBE PROHIBITION.] 
110.35     Effective July 1, 2005, a person may not place in mixed 
110.36  municipal solid waste an electronic product containing a 
111.1   cathode-ray tube. 
111.2      Sec. 130.  Minnesota Statutes 2002, section 115C.02, 
111.3   subdivision 14, is amended to read: 
111.4      Subd. 14.  [TANK.] "Tank" means any one or a combination of 
111.5   containers, vessels, and enclosures, including structures and 
111.6   appurtenances connected to them, that is, or has been, used to 
111.7   contain or, dispense, store, or transport petroleum.  
111.8      "Tank" does not include: 
111.9      (1) a mobile storage tank used to transport petroleum from 
111.10  one location to another, except a mobile storage tank with a 
111.11  capacity of 500 gallons or less used only to transport home 
111.12  heating fuel on private property; or 
111.13     (2) pipeline facilities, including gathering lines, 
111.14  regulated under the Natural Gas Pipeline Safety Act of 1968, 
111.15  United States Code, title 49, chapter 24, or the Hazardous 
111.16  Liquid Pipeline Safety Act of 1979, United States Code, title 
111.17  49, chapter 29. 
111.18     Sec. 131.  Minnesota Statutes 2002, section 115C.08, 
111.19  subdivision 4, is amended to read: 
111.20     Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
111.21  spent: 
111.22     (1) to administer the petroleum tank release cleanup 
111.23  program established in this chapter; 
111.24     (2) for agency administrative costs under sections 116.46 
111.25  to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
111.26  action taken by the agency under section 115C.03, including 
111.27  investigations; 
111.28     (3) for costs of recovering expenses of corrective actions 
111.29  under section 115C.04; 
111.30     (4) for training, certification, and rulemaking under 
111.31  sections 116.46 to 116.50; 
111.32     (5) for agency administrative costs of enforcing rules 
111.33  governing the construction, installation, operation, and closure 
111.34  of aboveground and underground petroleum storage tanks; 
111.35     (6) for reimbursement of the environmental response, 
111.36  compensation, and compliance account under subdivision 5 and 
112.1   section 115B.26, subdivision 4; 
112.2      (7) for administrative and staff costs as set by the board 
112.3   to administer the petroleum tank release program established in 
112.4   this chapter; 
112.5      (8) for corrective action performance audits under section 
112.6   115C.093; and 
112.7      (9) for contamination cleanup grants, as provided in 
112.8   paragraph (c); and 
112.9      (10) to assess and remove abandoned underground storage 
112.10  tanks under section 115C.094 and, if a release is discovered, to 
112.11  pay for the specific consultant and contractor services costs 
112.12  necessary to complete the tank removal project, including, but 
112.13  not limited to, excavation soil sampling, groundwater sampling, 
112.14  soil disposal, and completion of an excavation report. 
112.15     (b) Except as provided in paragraph (c), money in the fund 
112.16  is appropriated to the board to make reimbursements or payments 
112.17  under this section. 
112.18     (c) $6,200,000 is annually appropriated from the fund to 
112.19  the commissioner of trade and economic development for 
112.20  contamination cleanup grants under section 116J.554.  Of this 
112.21  amount, the commissioner may spend up to $120,000 annually for 
112.22  administration of the contamination cleanup grant program.  The 
112.23  appropriation does not cancel and is available until expended.  
112.24  The appropriation shall not be withdrawn from the fund nor the 
112.25  fund balance reduced until the funds are requested by the 
112.26  commissioner of trade and economic development.  The 
112.27  commissioner shall schedule requests for withdrawals from the 
112.28  fund to minimize the necessity to impose the fee authorized by 
112.29  subdivision 2.  Unless otherwise provided, the appropriation in 
112.30  this paragraph may be used for: 
112.31     (1) project costs at a qualifying site if a portion of the 
112.32  cleanup costs are attributable to petroleum contamination; and 
112.33     (2) the costs of performing contamination investigation if 
112.34  there is a reasonable basis to suspect the contamination is 
112.35  attributable to petroleum. 
112.36     Sec. 132.  Minnesota Statutes 2002, section 115C.09, 
113.1   subdivision 3, is amended to read: 
113.2      Subd. 3.  [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 
113.3   The board shall reimburse an eligible applicant from the fund 
113.4   for 90 percent of the total reimbursable costs incurred at the 
113.5   site, except that the board may reimburse an eligible applicant 
113.6   from the fund for greater than 90 percent of the total 
113.7   reimbursable costs, if the applicant previously qualified for a 
113.8   higher reimbursement rate.  For costs associated with a release 
113.9   from a tank in transport, the board may reimburse 90 percent of 
113.10  costs over $10,000, with the maximum reimbursement not to exceed 
113.11  $100,000.  
113.12     Not more than $1,000,000 may be reimbursed for costs 
113.13  associated with a single release, regardless of the number of 
113.14  persons eligible for reimbursement, and not more than $2,000,000 
113.15  may be reimbursed for costs associated with a single tank 
113.16  facility. 
113.17     (b) A reimbursement may not be made from the fund under 
113.18  this chapter until the board has determined that the costs for 
113.19  which reimbursement is requested were actually incurred and were 
113.20  reasonable. 
113.21     (c) When an applicant has obtained responsible competitive 
113.22  bids or proposals according to rules promulgated under this 
113.23  chapter prior to June 1, 1995, the eligible costs for the tasks, 
113.24  procedures, services, materials, equipment, and tests of the low 
113.25  bid or proposal are presumed to be reasonable by the board, 
113.26  unless the costs of the low bid or proposal are substantially in 
113.27  excess of the average costs charged for similar tasks, 
113.28  procedures, services, materials, equipment, and tests in the 
113.29  same geographical area during the same time period. 
113.30     (d) When an applicant has obtained a minimum of two 
113.31  responsible competitive bids or proposals on forms prescribed by 
113.32  the board and where the rules promulgated under this chapter 
113.33  after June 1, 1995, designate maximum costs for specific tasks, 
113.34  procedures, services, materials, equipment and tests, the 
113.35  eligible costs of the low bid or proposal are deemed reasonable 
113.36  if the costs are at or below the maximums set forth in the rules.
114.1      (e) Costs incurred for change orders executed as prescribed 
114.2   in rules promulgated under this chapter after June 1, 1995, are 
114.3   presumed reasonable if the costs are at or below the maximums 
114.4   set forth in the rules, unless the costs in the change order are 
114.5   above those in the original bid or proposal or are 
114.6   unsubstantiated and inconsistent with the process and standards 
114.7   required by the rules. 
114.8      (f) A reimbursement may not be made from the fund in 
114.9   response to either an initial or supplemental application for 
114.10  costs incurred after June 4, 1987, that are payable under an 
114.11  applicable insurance policy, except that if the board finds that 
114.12  the applicant has made reasonable efforts to collect from an 
114.13  insurer and failed, the board shall reimburse the applicant. 
114.14     (g) If the board reimburses an applicant for costs for 
114.15  which the applicant has insurance coverage, the board is 
114.16  subrogated to the rights of the applicant with respect to that 
114.17  insurance coverage, to the extent of the reimbursement by the 
114.18  board.  The board may request the attorney general to bring an 
114.19  action in district court against the insurer to enforce the 
114.20  board's subrogation rights.  Acceptance by an applicant of 
114.21  reimbursement constitutes an assignment by the applicant to the 
114.22  board of any rights of the applicant with respect to any 
114.23  insurance coverage applicable to the costs that are reimbursed.  
114.24  Notwithstanding this paragraph, the board may instead request a 
114.25  return of the reimbursement under subdivision 5 and may employ 
114.26  against the applicant the remedies provided in that subdivision, 
114.27  except where the board has knowingly provided reimbursement 
114.28  because the applicant was denied coverage by the insurer. 
114.29     (h) Money in the fund is appropriated to the board to make 
114.30  reimbursements under this chapter.  A reimbursement to a state 
114.31  agency must be credited to the appropriation account or accounts 
114.32  from which the reimbursed costs were paid. 
114.33     (i) The board may reduce the amount of reimbursement to be 
114.34  made under this chapter if it finds that the applicant has not 
114.35  complied with a provision of this chapter, a rule or order 
114.36  issued under this chapter, or one or more of the following 
115.1   requirements: 
115.2      (1) the agency was given notice of the release as required 
115.3   by section 115.061; 
115.4      (2) the applicant, to the extent possible, fully cooperated 
115.5   with the agency in responding to the release; 
115.6      (3) the state rules applicable after December 22, 1993, to 
115.7   operating an underground storage tank and appurtenances without 
115.8   leak detection; 
115.9      (4) the state rules applicable after December 22, 1998, to 
115.10  operating an underground storage tank and appurtenances without 
115.11  corrosion protection or spill and overfill protection; and 
115.12     (5) the state rule applicable after November 1, 1998, to 
115.13  operating an aboveground tank without a dike or other structure 
115.14  that would contain a spill at the aboveground tank site. 
115.15     (j) The reimbursement may be reduced as much as 100 percent 
115.16  for failure by the applicant to comply with the requirements in 
115.17  paragraph (i), clauses (1) to (5).  In determining the amount of 
115.18  the reimbursement reduction, the board shall consider: 
115.19     (1) the reasonable determination by the agency that the 
115.20  noncompliance poses a threat to the environment; 
115.21     (2) whether the noncompliance was negligent, knowing, or 
115.22  willful; 
115.23     (3) the deterrent effect of the award reduction on other 
115.24  tank owners and operators; 
115.25     (4) the amount of reimbursement reduction recommended by 
115.26  the commissioner; and 
115.27     (5) the documentation of noncompliance provided by the 
115.28  commissioner. 
115.29     (k) An applicant may assign the right to receive 
115.30  reimbursement to request that the board issue a multiparty check 
115.31  that includes each lender who advanced funds to pay the costs of 
115.32  the corrective action or to each contractor or consultant who 
115.33  provided corrective action services.  An assignment This request 
115.34  must be made by filing with the board a document, in a form 
115.35  prescribed by the board, indicating the identity of the 
115.36  applicant, the identity of the assignee lender, contractor, or 
116.1   consultant, the dollar amount of the assignment, and the 
116.2   location of the corrective action.  An assignment signed by the 
116.3   applicant is valid unless terminated by filing a termination 
116.4   with the board, in a form prescribed by the board, which must 
116.5   include the written concurrence of the assignee.  The board 
116.6   shall maintain an index of assignments filed under this 
116.7   paragraph.  The board shall pay the reimbursement to the 
116.8   applicant and to one or more assignees by a multiparty 
116.9   check.  The applicant must submit a request for the issuance of 
116.10  a multiparty check for each application submitted to the board.  
116.11  Payment under this paragraph does not constitute the assignment 
116.12  of the applicant's right to reimbursement to the consultant, 
116.13  contractor, or lender.  The board has no liability to an 
116.14  applicant for a payment under an assignment meeting issued as a 
116.15  multiparty check that meets the requirements of this paragraph. 
116.16     Sec. 133.  Minnesota Statutes 2002, section 115C.09, is 
116.17  amended by adding a subdivision to read: 
116.18     Subd. 3i.  [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 
116.19  used in this subdivision, "natural disaster area" means a 
116.20  geographical area that has been declared a disaster by the 
116.21  governor and President of the United States. 
116.22     (b) Notwithstanding subdivision 3, paragraph (a), the board 
116.23  may reimburse: 
116.24     (1) up to 50 percent of an applicant's prenatural-disaster 
116.25  estimated building market value as recorded by the county 
116.26  assessor; or 
116.27     (2) if the applicant conveys title of the real estate to 
116.28  local or state government, up to 50 percent of the 
116.29  prenatural-disaster estimated total market value, not to exceed 
116.30  one acre, as recorded by the county assessor. 
116.31     (c) Paragraph (b) applies only if the applicant documents 
116.32  that: 
116.33     (1) the natural disaster area has been declared eligible 
116.34  for state or federal emergency aid; 
116.35     (2) the building is declared uninhabitable by the 
116.36  commissioner because of damage caused by the release of 
117.1   petroleum from a petroleum storage tank; and 
117.2      (3) the applicant has submitted a claim under any 
117.3   applicable insurance policies and has been denied benefits under 
117.4   those policies. 
117.5      (d) In determining the percentage for reimbursement, the 
117.6   board shall consider the applicant's eligibility to receive 
117.7   other state or federal financial assistance and determine a 
117.8   lesser reimbursement rate to the extent that the applicant is 
117.9   eligible to receive financial assistance that exceeds 50 percent 
117.10  of the applicant's prenatural-disaster estimated building market 
117.11  value or total market value. 
117.12     Sec. 134.  Minnesota Statutes 2002, section 115C.09, is 
117.13  amended by adding a subdivision to read: 
117.14     Subd. 3j.  [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 
117.15  As used in this subdivision, "retail location" means a facility 
117.16  located in the metropolitan area as defined in section 473.121, 
117.17  subdivision 2, where gasoline is offered for sale to the general 
117.18  public for use in automobiles and trucks.  "Transport vehicle" 
117.19  means a liquid fuel cargo tank used to deliver gasoline into 
117.20  underground storage tanks during 2002 at a retail location. 
117.21     (b) Notwithstanding any other provision in this chapter, 
117.22  and any rules adopted under this chapter, the board shall 
117.23  reimburse 90 percent of an applicant's cost for retrofits of 
117.24  retail locations and transport vehicles completed between 
117.25  January 1, 2001, and January 1, 2006, to comply with section 
117.26  116.49, subdivisions 3 and 4, provided that the board determines 
117.27  the costs were incurred and reasonable.  The reimbursement may 
117.28  not exceed $3,000 per retail location and $3,000 per transport 
117.29  vehicle. 
117.30     Sec. 135.  [115C.094] [ABANDONED UNDERGROUND STORAGE 
117.31  TANKS.] 
117.32     (a) As used in this section, an abandoned underground 
117.33  petroleum storage tank means an underground petroleum storage 
117.34  tank that was: 
117.35     (1) taken out of service prior to December 22, 1988; or 
117.36     (2) taken out of service on or after December 22, 1988, if 
118.1   the current property owner did not know of the existence of the 
118.2   underground petroleum storage tank and could not have reasonably 
118.3   been expected to have known of the tank's existence at the time 
118.4   the owner first acquired right, title, or interest in the tank. 
118.5      (b) The board may contract for: 
118.6      (1) a statewide assessment in order to determine the 
118.7   quantity, location, cost, and feasibility of removing abandoned 
118.8   underground petroleum storage tanks; 
118.9      (2) the removal of an abandoned underground petroleum 
118.10  storage tank; and 
118.11     (3) the removal and disposal of petroleum-contaminated soil 
118.12  if the removal is required by the commissioner at the time of 
118.13  tank removal. 
118.14     (c) Before the board may contract for removal of an 
118.15  abandoned petroleum storage tank, the tank owner must provide 
118.16  the board with written access to the property and release the 
118.17  board from any potential liability for the work performed. 
118.18     (d) Money in the fund is appropriated to the board for the 
118.19  purposes of this section. 
118.20     Sec. 136.  Minnesota Statutes 2002, section 115C.11, 
118.21  subdivision 1, is amended to read: 
118.22     Subdivision 1.  [REGISTRATION.] (a) All consultants and 
118.23  contractors who perform corrective action services must register 
118.24  with the board.  In order to register, consultants must meet and 
118.25  demonstrate compliance with the following criteria: 
118.26     (1) provide a signed statement to the board verifying 
118.27  agreement to abide by this chapter and the rules adopted under 
118.28  it and to include a signed statement with each claim that all 
118.29  costs claimed by the consultant are a true and accurate account 
118.30  of services performed; 
118.31     (2) provide a signed statement that the consultant shall 
118.32  make available for inspection any records requested by the board 
118.33  for field or financial audits under the scope of this chapter; 
118.34     (3) certify knowledge of the requirements of this chapter 
118.35  and the rules adopted under it; 
118.36     (4) obtain and maintain professional liability coverage, 
119.1   including pollution impairment liability; and 
119.2      (5) agree to submit to the board a certificate or 
119.3   certificates verifying the existence of the required insurance 
119.4   coverage. 
119.5      (b) The board must maintain a list of all registered 
119.6   consultants and a list of all registered contractors. 
119.7      (c) All corrective action services must be performed by 
119.8   registered consultants and contractors. 
119.9      (d) Reimbursement for corrective action services performed 
119.10  by an unregistered consultant or contractor is subject to 
119.11  reduction under section 115C.09, subdivision 3, paragraph (i). 
119.12     (e) Corrective action services performed by a consultant or 
119.13  contractor prior to being removed from the registration list may 
119.14  be reimbursed without reduction by the board. 
119.15     (f) If the information in an application for registration 
119.16  becomes inaccurate or incomplete in any material respect, the 
119.17  registered consultant or contractor must promptly file a 
119.18  corrected application with the board. 
119.19     (g) Registration is effective 30 days after a complete 
119.20  application is received by the board.  The board may reimburse 
119.21  without reduction the cost of work performed by an unregistered 
119.22  contractor if the contractor performed the work within 60 days 
119.23  of the effective date of registration. 
119.24     (h) Registration for consultants under this section remains 
119.25  in force until the expiration date of the professional liability 
119.26  coverage, including pollution impairment liability, required 
119.27  under paragraph (a), clause (4), or until voluntarily terminated 
119.28  by the registrant, or until suspended or revoked by the 
119.29  commissioner of commerce.  Registration for contractors under 
119.30  this section expires each year on the anniversary of the 
119.31  effective date of the contractor's most recent registration and 
119.32  must be renewed on or before expiration.  Prior to its annual 
119.33  expiration, a registration remains in force until voluntarily 
119.34  terminated by the registrant, or until suspended or revoked by 
119.35  the commissioner of commerce.  All registrants must comply with 
119.36  registration criteria under this section. 
120.1      (i) The board may deny a consultant or contractor 
120.2   registration or request for renewal under this section if the 
120.3   consultant or contractor: 
120.4      (1) does not intend to or is not in good faith carrying on 
120.5   the business of an environmental consultant or contractor; 
120.6      (2) has filed an application for registration that is 
120.7   incomplete in any material respect or contains any statement 
120.8   which, in light of the circumstances under which it is made, 
120.9   contains any misrepresentation, or is false, misleading, or 
120.10  fraudulent; 
120.11     (3) has engaged in any fraudulent, coercive, deceptive, or 
120.12  dishonest act or practice whether or not the act or practice 
120.13  involves the business of environmental consulting or 
120.14  contracting; 
120.15     (4) has forged another's name to any document whether or 
120.16  not the document relates to a document approved by the board; 
120.17     (5) has plead guilty, with or without explicitly admitting 
120.18  guilt; plead nolo contendere; or been convicted of a felony, 
120.19  gross misdemeanor, or misdemeanor involving moral turpitude, 
120.20  including, but not limited to, assault, harassment, or similar 
120.21  conduct; 
120.22     (6) has been subject to disciplinary action in another 
120.23  state or jurisdiction; or 
120.24     (7) has not paid subcontractors hired by the consultant or 
120.25  contractor after they have been paid in full by the applicant. 
120.26     Sec. 137.  Minnesota Statutes 2002, section 115C.13, is 
120.27  amended to read: 
120.28     115C.13 [REPEALER.] 
120.29     Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 
120.30  115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 
120.31  115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 
120.32  115C.113, 115C.12, and 115C.13, are repealed effective June 30, 
120.33  2005 2007. 
120.34     Sec. 138.  Minnesota Statutes 2002, section 116.073, 
120.35  subdivision 1, is amended to read: 
120.36     Subdivision 1.  [AUTHORITY TO ISSUE.] (a) Pollution control 
121.1   agency staff designated by the commissioner and department of 
121.2   natural resources conservation officers may issue citations to a 
121.3   person who: 
121.4      (1) disposes of solid waste as defined in section 116.06, 
121.5   subdivision 22, at a location not authorized by law for the 
121.6   disposal of solid waste without permission of the owner of the 
121.7   property; 
121.8      (2) fails to report or recover discharges as required under 
121.9   section 115.061; or 
121.10     (3) fails to take discharge preventive or preparedness 
121.11  measures required under chapter 115E; or 
121.12     (4) fails to install or use vapor recovery equipment during 
121.13  the transfer of gasoline from a transport delivery vehicle to an 
121.14  underground storage tank as required in section 116.49, 
121.15  subdivisions 3 and 4. 
121.16     (b) In addition, pollution control agency staff designated 
121.17  by the commissioner may issue citations to owners and operators 
121.18  of facilities dispensing petroleum products who violate sections 
121.19  116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 
121.20  parts 7001.4200 to 7001.4300.  A citation issued under this 
121.21  subdivision must include a requirement that the person cited 
121.22  remove and properly dispose of or otherwise manage the waste or 
121.23  discharged oil or hazardous substance, reimburse any government 
121.24  agency that has disposed of the waste or discharged oil or 
121.25  hazardous substance and contaminated debris for the reasonable 
121.26  costs of disposal, or correct any storage tank violations. 
121.27     (c) Until June 1, 2004, citations for violation of sections 
121.28  115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 
121.29  and 7151, may be issued only after the owners and operators have 
121.30  had a 90-day period to correct violations stated in writing by 
121.31  pollution control agency staff, unless there is a discharge 
121.32  associated with the violation or the violation is of Minnesota 
121.33  Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 
121.34     Sec. 139.  Minnesota Statutes 2002, section 116.073, 
121.35  subdivision 2, is amended to read: 
121.36     Subd. 2.  [PENALTY AMOUNT.] The citation must impose the 
122.1   following penalty amounts: 
122.2      (1) $100 per major appliance, as defined in section 
122.3   115A.03, subdivision 17a, up to a maximum of $2,000; 
122.4      (2) $25 per waste tire, as defined in section 115A.90, 
122.5   subdivision 11, up to a maximum of $2,000; 
122.6      (3) $25 per lead acid battery governed by section 115A.915, 
122.7   up to a maximum of $2,000; 
122.8      (4) $1 per pound of other solid waste or $20 per cubic foot 
122.9   up to a maximum of $2,000; 
122.10     (5) up to $200 for any amount of waste that escapes from a 
122.11  vehicle used for the transportation of solid waste if, after 
122.12  receiving actual notice that waste has escaped the vehicle, the 
122.13  person or company transporting the waste fails to immediately 
122.14  collect the waste; 
122.15     (6) $50 per violation of rules adopted under section 
122.16  116.49, relating to underground storage tank system design, 
122.17  construction, installation, and notification requirements, up to 
122.18  a maximum of $2,000; 
122.19     (7) $250 per violation of rules adopted under section 
122.20  116.49, relating to upgrading of existing underground storage 
122.21  tank systems, up to a maximum of $2,000; 
122.22     (8) $100 per violation of rules adopted under section 
122.23  116.49, relating to underground storage tank system general 
122.24  operating requirements, up to a maximum of $2,000; 
122.25     (9) $250 per violation of rules adopted under section 
122.26  116.49, relating to underground storage tank system release 
122.27  detection requirements, up to a maximum of $2,000; 
122.28     (10) $50 per violation of rules adopted under section 
122.29  116.49, relating to out-of-service underground storage tank 
122.30  systems and closure, up to a maximum of $2,000; 
122.31     (11) $50 per violation of sections 116.48 to 116.491 
122.32  relating to underground storage tank system notification, 
122.33  monitoring, environmental protection, and tank installers 
122.34  training and certification requirements, up to a maximum of 
122.35  $2,000; 
122.36     (12) $25 per gallon of oil or hazardous substance 
123.1   discharged which is not reported or recovered under section 
123.2   115.061, up to a maximum of $2,000; 
123.3      (13) $1 per gallon of oil or hazardous substance being 
123.4   stored, transported, or otherwise handled without the prevention 
123.5   or preparedness measures required under chapter 115E, up to a 
123.6   maximum of $2,000; and 
123.7      (14) $250 per violation of Minnesota Rules, parts 7001.4200 
123.8   to 7001.4300 or chapter 7151, related to aboveground storage 
123.9   tank systems, up to a maximum of $2,000; and 
123.10     (15) $250 per delivery made in violation of section 116.49, 
123.11  subdivision 3 or 4, levied against: 
123.12     (i) the retail location if vapor recovery equipment is not 
123.13  installed or maintained properly; 
123.14     (ii) the carrier if the transport delivery vehicle is not 
123.15  equipped with vapor recovery equipment; or 
123.16     (iii) the driver for failure to use supplied vapor recovery 
123.17  equipment.  
123.18     Sec. 140.  Minnesota Statutes 2002, section 116.46, is 
123.19  amended by adding a subdivision to read: 
123.20     Subd. 7a.  [RETAIL LOCATION.] "Retail location" means a 
123.21  facility located in the metropolitan area as defined in section 
123.22  473.121, subdivision 2, where gasoline is offered for sale to 
123.23  the general public for use in automobiles and trucks. 
123.24     Sec. 141.  Minnesota Statutes 2002, section 116.46, is 
123.25  amended by adding a subdivision to read: 
123.26     Subd. 7b.  [TRANSPORT DELIVERY VEHICLE.] "Transport 
123.27  delivery vehicle" means a liquid fuel cargo tank used to deliver 
123.28  gasoline into underground storage tanks. 
123.29     Sec. 142.  Minnesota Statutes 2002, section 116.46, is 
123.30  amended by adding a subdivision to read: 
123.31     Subd. 9.  [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 
123.32  means a system which transfers vapors from underground storage 
123.33  tanks during the filling operation to the storage compartment of 
123.34  the transport vehicle delivering gasoline. 
123.35     Sec. 143.  Minnesota Statutes 2002, section 116.49, is 
123.36  amended by adding a subdivision to read: 
124.1      Subd. 3.  [VAPOR RECOVERY SYSTEM.] Every underground 
124.2   gasoline storage tank at a retail location must be fitted with 
124.3   vapor recovery equipment by January 1, 2006.  The equipment must 
124.4   be certified by the manufacturer as capable of collecting 95 
124.5   percent of hydrocarbons emitted during gasoline transfers from a 
124.6   transport delivery vehicle to an underground storage tank.  
124.7   Product delivery and vapor recovery access points must be on the 
124.8   same side of the transport vehicle when the transport vehicle is 
124.9   positioned for delivery into the underground tank.  After 
124.10  January 1, 2006, no gasoline may be delivered to a retail 
124.11  location that is not equipped with a vapor recovery system. 
124.12     Sec. 144.  Minnesota Statutes 2002, section 116.49, is 
124.13  amended by adding a subdivision to read: 
124.14     Subd. 4.  [VAPOR RECOVERY ON TRANSPORTS.] All transport 
124.15  delivery vehicles that deliver gasoline into underground storage 
124.16  tanks in the metropolitan area as defined in section 473.121, 
124.17  subdivision 2, must be fitted with vapor recovery equipment.  
124.18  The equipment must recover and manage 95 percent of hydrocarbons 
124.19  emitted during the transfer of gasoline from the underground 
124.20  storage tank and the transport delivery vehicle by January 1, 
124.21  2006.  After January 1, 2006, no gasoline may be delivered to a 
124.22  retail location by a transport vehicle that is not fitted with 
124.23  vapor recovery equipment. 
124.24     Sec. 145.  Minnesota Statutes 2002, section 116.50, is 
124.25  amended to read: 
124.26     116.50 [PREEMPTION.] 
124.27     Sections 116.46 to 116.49 preempt conflicting local and 
124.28  municipal rules or ordinances requiring notification or 
124.29  establishing environmental protection requirements for 
124.30  underground storage tanks.  A state agency or local unit of 
124.31  government may not adopt rules or ordinances establishing or 
124.32  requiring vapor recovery for underground storage tanks. 
124.33     Sec. 146.  Minnesota Statutes 2002, section 116P.02, 
124.34  subdivision 1, is amended to read: 
124.35     Subdivision 1.  [APPLICABILITY.] The definitions in this 
124.36  section apply to sections 116P.01 to 116P.13 this chapter. 
125.1      Sec. 147.  Minnesota Statutes 2002, section 116P.05, 
125.2   subdivision 2, is amended to read: 
125.3      Subd. 2.  [DUTIES.] (a) The commission shall recommend a 
125.4   budget plan for expenditures from the environment and natural 
125.5   resources trust fund and shall adopt a strategic plan as 
125.6   provided in section 116P.08.  
125.7      (b) The commission shall recommend expenditures to the 
125.8   legislature from the Minnesota future resources fund under 
125.9   section 116P.13 state land and water conservation account in the 
125.10  natural resources fund.  
125.11     (c) It is a condition of acceptance of the appropriations 
125.12  made from the Minnesota future resources fund, Minnesota 
125.13  environment and natural resources trust fund, and oil overcharge 
125.14  money under section 4.071, subdivision 2, that the agency or 
125.15  entity receiving the appropriation must submit a work program 
125.16  and semiannual progress reports in the form determined by the 
125.17  legislative commission on Minnesota resources.  None of the 
125.18  money provided may be spent unless the commission has approved 
125.19  the pertinent work program. 
125.20     (d) The peer review panel created under section 116P.08 
125.21  must also review, comment, and report to the commission on 
125.22  research proposals applying for an appropriation from the 
125.23  Minnesota resources fund and from oil overcharge money under 
125.24  section 4.071, subdivision 2. 
125.25     (e) The commission may adopt operating procedures to 
125.26  fulfill its duties under sections 116P.01 to 116P.13 chapter 
125.27  116P. 
125.28     Sec. 148.  Minnesota Statutes 2002, section 116P.09, 
125.29  subdivision 4, is amended to read: 
125.30     Subd. 4.  [PERSONNEL.] Persons who are employed by a state 
125.31  agency to work on a project and are paid by an appropriation 
125.32  from the trust fund or Minnesota future resources fund are in 
125.33  the unclassified civil service, and their continued employment 
125.34  is contingent upon the availability of money from the 
125.35  appropriation.  When the appropriation has been spent, their 
125.36  positions must be canceled and the approved complement of the 
126.1   agency reduced accordingly.  Part-time employment of persons for 
126.2   a project is authorized.  The use of classified employees is 
126.3   authorized when approved as part of the work program required by 
126.4   section 116P.05, subdivision 2, paragraph (c). 
126.5      Sec. 149.  Minnesota Statutes 2002, section 116P.09, 
126.6   subdivision 5, is amended to read: 
126.7      Subd. 5.  [ADMINISTRATIVE EXPENSE.] The administrative 
126.8   expenses of the commission shall be paid from the various funds 
126.9   administered by the commission as follows: 
126.10     (1) Through June 30, 1993, the administrative expenses of 
126.11  the commission and the advisory committee shall be paid from the 
126.12  Minnesota future resources fund.  After that time, the prorated 
126.13  expenses related to administration of the trust fund shall be 
126.14  paid from the earnings of the trust fund. 
126.15     (2) After June 30, 1993, the prorated expenses related to 
126.16  commission administration of the trust fund may not exceed an 
126.17  amount equal to four percent of the projected earnings amount 
126.18  available for appropriation of the trust fund for the biennium. 
126.19     Sec. 150.  Minnesota Statutes 2002, section 116P.09, 
126.20  subdivision 7, is amended to read: 
126.21     Subd. 7.  [REPORT REQUIRED.] The commission shall, by 
126.22  January 15 of each odd-numbered year, submit a report to the 
126.23  governor, the chairs of the house appropriations and senate 
126.24  finance committees, and the chairs of the house and senate 
126.25  committees on environment and natural resources.  Copies of the 
126.26  report must be available to the public.  The report must include:
126.27     (1) a copy of the current strategic plan; 
126.28     (2) a description of each project receiving money from the 
126.29  trust fund and Minnesota future resources fund during the 
126.30  preceding biennium; 
126.31     (3) a summary of any research project completed in the 
126.32  preceding biennium; 
126.33     (4) recommendations to implement successful projects and 
126.34  programs into a state agency's standard operations; 
126.35     (5) to the extent known by the commission, descriptions of 
126.36  the projects anticipated to be supported by the trust fund and 
127.1   Minnesota future resources account during the next biennium; 
127.2      (6) the source and amount of all revenues collected and 
127.3   distributed by the commission, including all administrative and 
127.4   other expenses; 
127.5      (7) a description of the assets and liabilities of the 
127.6   trust fund and the Minnesota future resources fund; 
127.7      (8) any findings or recommendations that are deemed proper 
127.8   to assist the legislature in formulating legislation; 
127.9      (9) a list of all gifts and donations with a value over 
127.10  $1,000; 
127.11     (10) a comparison of the amounts spent by the state for 
127.12  environment and natural resources activities through the most 
127.13  recent fiscal year; and 
127.14     (11) a copy of the most recent compliance audit. 
127.15     Sec. 151.  Minnesota Statutes 2002, section 116P.10, is 
127.16  amended to read: 
127.17     116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 
127.18     This section applies to projects supported by the trust 
127.19  fund, the Minnesota future resources fund, and the oil 
127.20  overcharge money referred to in section 4.071, subdivision 2, 
127.21  each of which is referred to in this section as a "fund."  The 
127.22  fund owns and shall take title to the percentage of a royalty, 
127.23  copyright, or patent resulting from a project supported by the 
127.24  fund equal to the percentage of the project's total funding 
127.25  provided by the fund.  Cash receipts resulting from a royalty, 
127.26  copyright, or patent, or the sale of the fund's rights to a 
127.27  royalty, copyright, or patent, must be credited immediately to 
127.28  the principal of the fund.  Receipts from Minnesota future 
127.29  resources fund projects must be credited to the trust fund. 
127.30  Before a project is included in the budget plan, the commission 
127.31  may vote to relinquish the ownership or rights to a royalty, 
127.32  copyright, or patent resulting from a project supported by the 
127.33  fund to the project's proposer when the amount of the original 
127.34  grant or loan, plus interest, has been repaid to the fund. 
127.35     Sec. 152.  Minnesota Statutes 2002, section 116P.14, 
127.36  subdivision 1, is amended to read: 
128.1      Subdivision 1.  [DESIGNATED AGENCY.] The department of 
128.2   natural resources is designated as the state agency to apply 
128.3   for, accept, receive, and disburse federal reimbursement funds 
128.4   and private funds, which are granted to the state of Minnesota 
128.5   from section 6 of the federal Land and Water Conservation Fund 
128.6   Act. 
128.7      Sec. 153.  Minnesota Statutes 2002, section 116P.14, 
128.8   subdivision 2, is amended to read: 
128.9      Subd. 2.  [STATE LAND AND WATER CONSERVATION ACCOUNT; 
128.10  CREATION.] A state land and water conservation account is 
128.11  created in the Minnesota future natural resources fund.  All of 
128.12  the money made available to the state from funds granted under 
128.13  subdivision 1 shall be deposited in the state land and water 
128.14  conservation account. 
128.15     Sec. 154.  Minnesota Statutes 2002, section 297A.94, is 
128.16  amended to read: 
128.17     297A.94 [DEPOSIT OF REVENUES.] 
128.18     (a) Except as provided in this section, the commissioner 
128.19  shall deposit the revenues, including interest and penalties, 
128.20  derived from the taxes imposed by this chapter in the state 
128.21  treasury and credit them to the general fund.  
128.22     (b) The commissioner shall deposit taxes in the Minnesota 
128.23  agricultural and economic account in the special revenue fund if:
128.24     (1) the taxes are derived from sales and use of property 
128.25  and services purchased for the construction and operation of an 
128.26  agricultural resource project; and 
128.27     (2) the purchase was made on or after the date on which a 
128.28  conditional commitment was made for a loan guaranty for the 
128.29  project under section 41A.04, subdivision 3. 
128.30  The commissioner of finance shall certify to the commissioner 
128.31  the date on which the project received the conditional 
128.32  commitment.  The amount deposited in the loan guaranty account 
128.33  must be reduced by any refunds and by the costs incurred by the 
128.34  department of revenue to administer and enforce the assessment 
128.35  and collection of the taxes.  
128.36     (c) The commissioner shall deposit the revenues, including 
129.1   interest and penalties, derived from the taxes imposed on sales 
129.2   and purchases included in section 297A.61, subdivision 3, 
129.3   paragraph (g), clauses (1) and (4), in the state treasury, and 
129.4   credit them as follows: 
129.5      (1) first to the general obligation special tax bond debt 
129.6   service account in each fiscal year the amount required by 
129.7   section 16A.661, subdivision 3, paragraph (b); and 
129.8      (2) after the requirements of clause (1) have been met, the 
129.9   balance to the general fund. 
129.10     (d) The commissioner shall deposit the revenues, including 
129.11  interest and penalties, collected under section 297A.64, 
129.12  subdivision 5, in the state treasury and credit them to the 
129.13  general fund.  By July 15 of each year the commissioner shall 
129.14  transfer to the highway user tax distribution fund an amount 
129.15  equal to the excess fees collected under section 297A.64, 
129.16  subdivision 5, for the previous calendar year. 
129.17     (e) For fiscal year 2001, 97 percent; for fiscal years 2002 
129.18  and 2003, 87 percent; and for fiscal year 2004 and thereafter, 
129.19  87.1 72.43 percent of the revenues, including interest and 
129.20  penalties, transmitted to the commissioner under section 
129.21  297A.65, must be deposited by the commissioner in the state 
129.22  treasury as follows: 
129.23     (1) 50 percent of the receipts must be deposited in the 
129.24  heritage enhancement account in the game and fish fund, and may 
129.25  be spent only on activities that improve, enhance, or protect 
129.26  fish and wildlife resources, including conservation, 
129.27  restoration, and enhancement of land, water, and other natural 
129.28  resources of the state; 
129.29     (2) 22.5 percent of the receipts must be deposited in the 
129.30  natural resources fund, and may be spent only for state parks 
129.31  and trails; 
129.32     (3) 22.5 percent of the receipts must be deposited in the 
129.33  natural resources fund, and may be spent only on metropolitan 
129.34  park and trail grants; 
129.35     (4) three percent of the receipts must be deposited in the 
129.36  natural resources fund, and may be spent only on local trail 
130.1   grants; and 
130.2      (5) two percent of the receipts must be deposited in the 
130.3   natural resources fund, and may be spent only for the Minnesota 
130.4   zoological garden, the Como park zoo and conservatory, and the 
130.5   Duluth zoo. 
130.6      (f) The revenue dedicated under paragraph (e) may not be 
130.7   used as a substitute for traditional sources of funding for the 
130.8   purposes specified, but the dedicated revenue shall supplement 
130.9   traditional sources of funding for those purposes.  Land 
130.10  acquired with money deposited in the game and fish fund under 
130.11  paragraph (e) must be open to public hunting and fishing during 
130.12  the open season, except that in aquatic management areas or on 
130.13  lands where angling easements have been acquired, fishing may be 
130.14  prohibited during certain times of the year and hunting may be 
130.15  prohibited.  At least 87 percent of the money deposited in the 
130.16  game and fish fund for improvement, enhancement, or protection 
130.17  of fish and wildlife resources under paragraph (e) must be 
130.18  allocated for field operations. 
130.19     Sec. 155.  Minnesota Statutes 2002, section 297F.10, 
130.20  subdivision 1, is amended to read: 
130.21     Subdivision 1.  [TAX AND USE TAX ON CIGARETTES.] Revenue 
130.22  received from cigarette taxes, as well as related penalties, 
130.23  interest, license fees, and miscellaneous sources of revenue 
130.24  shall be deposited by the commissioner in the state treasury and 
130.25  credited as follows: 
130.26     (a) first to the general obligation special tax bond debt 
130.27  service account in each fiscal year the amount required to 
130.28  increase the balance on hand in the account on each December 1 
130.29  to an amount equal to the full amount of principal and interest 
130.30  to come due on all outstanding bonds whose debt service is 
130.31  payable primarily from the proceeds of the tax to and including 
130.32  the second following July 1; and 
130.33     (b) after the requirements of paragraph (a) have been met:, 
130.34     (1) the revenue produced by one mill of the tax on 
130.35  cigarettes weighing not more than three pounds a thousand and 
130.36  two mills of the tax on cigarettes weighing more than three 
131.1   pounds a thousand must be credited to the Minnesota future 
131.2   resources fund; and 
131.3      (2) the balance of the revenues derived from taxes, 
131.4   penalties, and interest (under this chapter) and from license 
131.5   fees and miscellaneous sources of revenue shall be credited to 
131.6   the general fund. 
131.7      Sec. 156.  [WATER QUALITY ASSESSMENT PROCESS.] 
131.8      Subdivision 1.  [RULEMAKING.] (a) By January 1, 2006, the 
131.9   pollution control agency shall adopt rules under Minnesota 
131.10  Statutes, chapter 14, relating to water quality assessment for 
131.11  the waters of the state.  The adopted rules must, at a minimum, 
131.12  satisfy paragraphs (b) to (h). 
131.13     (b) The rules must apply to the determination of impaired 
131.14  waters as required by Section 303(d) of the Clean Water Act of 
131.15  1977, United States Code, title 33, chapter 26, section 1313(d). 
131.16     (c) The rules must define the terms "altered materially," 
131.17  "material increase," "material manner," "seriously impaired," 
131.18  and "significant increase," contained in Minnesota Rules, part 
131.19  7050.0150, subpart 3. 
131.20     (d) The rules must define the terms "normal fishery" and 
131.21  "normally present," contained in Minnesota Rules, part 
131.22  7050.0150, subpart 3. 
131.23     (e) The rules must specify that for purposes of the 
131.24  determination of impaired waters, the agency will make an 
131.25  impairment determination based only on pollution of waters of 
131.26  the state that has resulted in degradation of the physical, 
131.27  chemical, or biological qualities of the water body to the 
131.28  extent that attainable or previously existing beneficial uses 
131.29  are actually or potentially lost. 
131.30     (f) The rules must provide that when a person presents 
131.31  information adequately demonstrating that a beneficial use for 
131.32  the water body does not exist and is not attainable due to the 
131.33  natural condition of the water body, the agency shall initiate 
131.34  an administrative process for reclassification of the water to 
131.35  remove the beneficial use. 
131.36     (g) The rules must provide that the agency, in considering 
132.1   impairment due to nutrients and application of nutrient 
132.2   objectives and effluent limitations related to riverine systems 
132.3   or riverine impoundments, must consider temperature and 
132.4   detention time effects on algal populations when the discharge 
132.5   of nutrients is expected to cause or contribute to algal growth 
132.6   that impairs existing or attainable uses. 
132.7      (h) The agency shall apply Minnesota Rules, part 7050.0150, 
132.8   consistent with paragraphs (e) and (g). 
132.9      Subd. 2.  [REPORT TO LEGISLATURE.] By February 1, 2004, and 
132.10  by February 1, 2005, the commissioner shall report to the 
132.11  environment and natural resources finance committees of the 
132.12  house and senate on the status of discussions with stakeholders 
132.13  and the development of the rules required under subdivision 1. 
132.14     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
132.15  following final enactment. 
132.16     Sec. 157.  [MODIFICATIONS TO STORM WATER PERMIT FEES.] 
132.17     (a) The pollution control agency shall collect water 
132.18  quality permit applications and annual fees as provided in the 
132.19  rules of the agency and in Laws 2002, chapter 220, article 8, 
132.20  section 15, as amended by Laws 2002, chapter 374, article 6, 
132.21  section 8, with the following modifications: 
132.22     (1) the application fee for general industrial storm water 
132.23  permits is reduced to zero, and the annual fee is increased to 
132.24  $400; 
132.25     (2) the application fee for general construction storm 
132.26  water permits is increased to $400; and 
132.27     (3) application and annual fees for other general permits 
132.28  do not apply to general municipal separate storm sewer system 
132.29  permits. 
132.30     (b) Nothing in this section limits the authority of a 
132.31  county, city, town, watershed district, or other special purpose 
132.32  district or political subdivision, to impose fees or to levy 
132.33  taxes or assessments to pay the cost of regulating or 
132.34  controlling storm water discharges to waters of the state. 
132.35     (c) The permit fee modifications provided in this section 
132.36  are effective July 1, 2003.  The pollution control agency shall 
133.1   adopt amended water quality permit fee rules under Minnesota 
133.2   Statutes, section 14.389, that incorporate the fee modifications 
133.3   provided in this section.  The agency shall begin collecting 
133.4   fees in accordance with the modifications in this section on 
133.5   July 1, 2003, regardless of the status of those rules.  
133.6   Notwithstanding Minnesota Statutes, section 14.18, subdivision 
133.7   2, the permit fee modifications in this section and the rule 
133.8   amendments incorporating them do not require further legislative 
133.9   approval. 
133.10     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
133.11  following final enactment. 
133.12     Sec. 158.  [UTILITY LICENSES.] 
133.13     (a) The fees in Minnesota Rules, parts 6135.0400 to 
133.14  6135.0810, adopted under Minnesota Statutes, section 84.415, are 
133.15  to be amended as follows: 
133.16     (1) effective July 1, 2003, the application fee for a 
133.17  license to construct a utility crossing over or under public 
133.18  lands or over or under public waters is $500; and 
133.19     (2) effective July 1, 2004, the fee schedules of Minnesota 
133.20  Rules, parts 6135.0510 to 6135.0810, are increased to an amount 
133.21  equal to the current schedules plus an increase due to inflation 
133.22  from 1990 through 2002.  The basis of increase shall be the 
133.23  unadjusted producer price index for all commodities, and the 
133.24  index value used shall be the annual average as revised four 
133.25  months after publication. 
133.26     (b) The commissioner of natural resources shall amend 
133.27  Minnesota Rules, parts 6135.0400 to 6135.0810, according to this 
133.28  section and under Minnesota Statutes, section 14.388, clause 
133.29  (3).  Except as provided in Minnesota Statutes, section 14.388, 
133.30  Minnesota Statutes, section 14.386, does not apply. 
133.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
133.32  following final enactment. 
133.33     Sec. 159.  [TRANSFER OF ASSETS; MINNESOTA CONSERVATION 
133.34  CORPS.] 
133.35     The state's ownership interest in all tools, computers, and 
133.36  other supplies and equipment acquired by the commissioner of 
134.1   natural resources for the purpose of the conservation corps 
134.2   created under Minnesota Statutes, section 84.98, is transferred 
134.3   to the friends of the Minnesota conservation corps. 
134.4      Sec. 160.  [TRANSFER OF FUNDS; MINNESOTA CONSERVATION 
134.5   CORPS.] 
134.6      The remaining balances in the Minnesota conservation corps: 
134.7   cooperative agreement, youthworks, Americorps administration, 
134.8   education vouchers, and gift accounts on June 30, 2003, are 
134.9   canceled and reappropriated to the friends of the Minnesota 
134.10  conservation corps. 
134.11     Sec. 161.  [COUNTY PROCESSING GRANT OBLIGATIONS.] 
134.12     The outstanding obligations arising from the following 
134.13  specified processing facility grants provided by the office of 
134.14  environmental assistance to the listed counties are terminated, 
134.15  notwithstanding the provisions of Minnesota Statutes, section 
134.16  16A.695: 
134.17     (1) Fillmore county, for demonstration program grants 
134.18  awarded March 1987 and June 1991; 
134.19     (2) St. Louis county, for a capital assistance program 
134.20  grant awarded September 1989; 
134.21     (3) Wright county, for a capital assistance program grant 
134.22  awarded April 1990; 
134.23     (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 
134.24  counties, together as the east central solid waste commission, 
134.25  for a capital assistance program grant awarded September 1990, 
134.26  and a facility optimization grant awarded February 1994; and 
134.27     (5) Pennington county, for a capital assistance program 
134.28  grant awarded in February 1992. 
134.29     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
134.30  following final enactment. 
134.31     Sec. 162.  [ENFORCEMENT AUTHORITY REPORT.] 
134.32     The commissioner of natural resources must report to the 
134.33  chairs of the house of representatives and senate environment 
134.34  and judiciary policy committees by February 1, 2004, on 
134.35  clarification of conservation officer authority and any law 
134.36  enforcement authority for other employees of the department. 
135.1      Sec. 163.  [CONSOLIDATION AND STREAMLINING REPORT.] 
135.2      (a) By September 1, 2003, the pollution control agency, 
135.3   department of natural resources, office of environmental 
135.4   assistance, and board of water and soil resources shall report 
135.5   to the chairs of the senate environment and natural resources 
135.6   committee, the senate environment, agriculture, and economic 
135.7   budget division, house environment and natural resources policy 
135.8   committee, and house environment and natural resources finance 
135.9   committee on all of their reporting requirements that apply to 
135.10  counties. 
135.11     (b) By January 15, 2004, the pollution control agency, 
135.12  department of natural resources, office of environmental 
135.13  assistance, and board of water and soil resources shall present 
135.14  a joint report to the chairs of the senate environment and 
135.15  natural resources committee, the senate environment, 
135.16  agriculture, and economic budget division, house environment and 
135.17  natural resources policy committee, and house environment and 
135.18  natural resources finance committee providing recommendations on 
135.19  streamlining and coordinating county reporting requirements. 
135.20     (c) In developing the list of reporting requirements and 
135.21  recommendations on streamlining and coordinating county 
135.22  reporting requirements, the agencies must: 
135.23     (1) consult with the association of Minnesota counties and 
135.24  other county representatives; 
135.25     (2) identify the minimum information needed to measure 
135.26  county compliance with state law and rules; 
135.27     (3) identify how agencies can prepare one or more annual 
135.28  reports summarizing information reported by counties; 
135.29     (4) consider how the Internet can be used to collect and 
135.30  organize county reported information; and 
135.31     (5) identify the costs and savings of implementing the 
135.32  recommendations contained in this report. 
135.33     Sec. 164.  [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.] 
135.34     The commissioner of the pollution control agency, with 
135.35  input from stakeholders, must develop and report back to the 
135.36  house and senate environment and natural resources policy and 
136.1   finance committees by February 1, 2004, a ten-year plan to: 
136.2      (1) locate systems that are imminent threats to public 
136.3   health and safety, and those with less than two feet of soil 
136.4   separation; 
136.5      (2) upgrade the systems identified in clause (1); and 
136.6      (3) institute a system to oversee compliance with 
136.7   individual sewage treatment maintenance requirements of 
136.8   Minnesota Rules, part 7080.0175, by July 1, 2005. 
136.9      The ten-year plan must include funding options for clauses 
136.10  (1), (2), and (3) and shall recommend enhanced funding 
136.11  mechanisms for low-interest loans to homeowners for system 
136.12  upgrades. 
136.13     Sec. 165.  [ISTS PILOT PROGRAM.] 
136.14     The pollution control agency shall, in conjunction with the 
136.15  association of Minnesota counties, designate three cooperating 
136.16  counties with waterbodies listed as impaired by fecal coliform 
136.17  bacteria, and within designated counties shall: 
136.18     (1) by July 1, 2007, complete an inventory of properties 
136.19  with individual sewage treatment systems that are an imminent 
136.20  threat to public health or safety due to surface water 
136.21  discharges of untreated sewage, and the inventory of properties 
136.22  may be phased over the period of the pilot project; and 
136.23     (2) require compliance under the applicable requirements of 
136.24  this section by May 1, 2008.  The pollution control agency may 
136.25  utilize cooperative agreements with the three pilot counties to 
136.26  meet the requirements of clauses (1) and (2). 
136.27     Sec. 166.  [PHOSPHORUS STUDY.] 
136.28     The commissioner of the pollution control agency must study 
136.29  the concept of lowering phosphorus in the wastewater stream and 
136.30  the effect on water quality in the receiving waters and how to 
136.31  best assist local units of government in removing phosphorus at 
136.32  public wastewater treatment plants, including the establishment 
136.33  of a timeline for meeting the goal in Minnesota Statutes, 
136.34  section 115.42.  The commissioner must review the rules on 
136.35  nutrients in cleaning agents under Minnesota Statutes, sections 
136.36  116.23 and 116.24, and report the results of the study and rule 
137.1   review to the house of representatives and senate environment 
137.2   and natural resources policy and finance committees and commerce 
137.3   committees by February 1, 2004. 
137.4      Sec. 167.  [FOREST LAND OFF-HIGHWAY VEHICLE USE 
137.5   RECLASSIFICATION.] 
137.6      Subdivision 1.  [FOREST CLASSIFICATION STATUS REVIEW.] (a) 
137.7   By December 31, 2006, the commissioner of natural resources 
137.8   shall complete a review of the forest classification status of 
137.9   all state forests classified as managed, all forest lands under 
137.10  the authority of the commissioner as defined in Minnesota 
137.11  Statutes, section 89.001, subdivision 13, and lands managed by 
137.12  the commissioner under Minnesota Statutes, section 282.011.  The 
137.13  review must be conducted on a forest-by-forest and area-by-area 
137.14  basis in accordance with the process and criteria under 
137.15  Minnesota Rules, part 6100.1950.  After each forest is reviewed, 
137.16  the commissioner must change its status to limited or closed, 
137.17  and must provide a similar status for each of the other areas 
137.18  subject to review under this section after each individual 
137.19  review is completed.  
137.20     (b) If the commissioner determines on January 1, 2005, that 
137.21  the review required under this section cannot be completed by 
137.22  December 31, 2006, the completion date for the review shall be 
137.23  extended to December 31, 2008.  By January 15, 2005, the 
137.24  commissioner shall report to the chairs of the legislative 
137.25  committees with jurisdiction over natural resources policy and 
137.26  finance regarding the status of the process required by this 
137.27  section.  
137.28     (c) Until December 31, 2010, the state forests and areas 
137.29  subject to review under this section are exempt from Minnesota 
137.30  Statutes, section 84.777, unless an individual forest or area 
137.31  has been classified as limited or closed.  
137.32     Subd. 2.  [TEMPORARY SUSPENSION OF ENVIRONMENTAL 
137.33  REVIEW.] The requirements for environmental review under 
137.34  Minnesota Statutes, section 116D.04, and rules of the 
137.35  environmental quality board are temporarily suspended for each 
137.36  reclassification and trail designation made under subdivision 1 
138.1   until the commissioner has met all requirements under 
138.2   subdivision 1, or December 31, 2008, if the commissioner has 
138.3   failed to complete those requirements as required by law.  
138.4      Subd. 3.  [RULEMAKING.] By January 1, 2005, the 
138.5   environmental quality board shall adopt rules providing for 
138.6   threshold levels for environmental review for recreational 
138.7   trails.  
138.8      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
138.9   following final enactment. 
138.10     Sec. 168.  [STUDY OF OFF-HIGHWAY VEHICLE TRAILS.] 
138.11     By January 15, 2005, the commissioner of natural resources 
138.12  must submit a report to the chairs of the legislative committees 
138.13  with jurisdiction over natural resources policy and finance 
138.14  concerning the compatibility of multiple uses of the outdoor 
138.15  recreation system.  The report must address the current and 
138.16  future availability of recreational opportunities for 
138.17  nonmotorized and motorized activities, and recommend legislative 
138.18  and policy changes to preserve natural resources and to assure 
138.19  the continued availability of outdoor recreation opportunities 
138.20  for all residents of this state.  The report must also address 
138.21  cost of maintenance, operation, and enforcement for the current 
138.22  off-highway vehicle trails system, including, but not limited 
138.23  to, how many miles of trails the department's off-highway 
138.24  vehicle budget will support.  The report must include: 
138.25     (1) a detailed discussion of sources of revenue for trails; 
138.26     (2) an analysis of recent and projected expenditures from 
138.27  the off-highway vehicle accounts; 
138.28     (3) information regarding all other sources of revenue used 
138.29  for off-highway vehicle purposes; and 
138.30     (4) a current inventory of all the state forest roads and 
138.31  access routes, including designated off-highway vehicle routes 
138.32  and all motorized and nonmotorized trails. 
138.33     Sec. 169.  [CONTINUOUS TRAIL DESIGNATION.] 
138.34     (a) The commissioner of natural resources shall locate, 
138.35  plan, design, map, construct, designate, and sign a new trail 
138.36  for use by all-terrain vehicles and off-highway motorcycles of 
139.1   not less than 70 continuous miles in length on any land owned by 
139.2   the state or in cooperation with any county on land owned by 
139.3   that county or on a combination of any of these lands.  This new 
139.4   trail shall be ready for use by April 1, 2007.  
139.5      (b) All funding for this new trail shall come from the 
139.6   all-terrain vehicle dedicated account and is appropriated each 
139.7   year as needed.  
139.8      (c) This new trail shall have at least two areas of access 
139.9   complete with appropriate parking for vehicles and trailers and 
139.10  enough room for loading and unloading all-terrain vehicles.  
139.11  Some existing trails, that are strictly all-terrain vehicle 
139.12  trails, and are not inventoried forest roads, may be 
139.13  incorporated into the design of this new all-terrain vehicle 
139.14  trail.  This new trail may be of a continuous loop design and 
139.15  shall provide for spurs to other all-terrain vehicle trails as 
139.16  long as those spurs do not count toward the 70 continuous miles 
139.17  of this new all-terrain vehicle trail.  Four rest areas shall be 
139.18  provided along the way. 
139.19     Sec. 170.  [WELL DISCLOSURE IN WASHINGTON COUNTY.] 
139.20     Before signing an agreement to sell or transfer real 
139.21  property in Washington county that is not served by a municipal 
139.22  water system, the seller must state in writing to the buyer 
139.23  whether, to the seller's knowledge, the property is located 
139.24  within a special well construction area designated by the 
139.25  commissioner of health under Minnesota Rules, part 4725.3650.  
139.26  If the disclosure under Minnesota Statutes, section 103I.235, 
139.27  subdivision 1, paragraph (a), states that there is an unsealed 
139.28  well on the property, the disclosure required under this clause 
139.29  must be made regardless of whether the property is served by a 
139.30  municipal water system. 
139.31     <b>[EFFECTIVE DATE.]</b> This section is effective the day after 
139.32  the governing body of Washington county and its chief clerical 
139.33  officer timely complete their compliance with Minnesota 
139.34  Statutes, section 645.021, subdivisions 2 and 3.  It applies to 
139.35  transactions for which purchase agreements are entered into 
139.36  after that date. 
140.1      Sec. 171.  [EXPIRATION OF GAME AND FISH AGENT LICENSES.] 
140.2      Electronic game and fish license agent agreements that are 
140.3   scheduled to expire in February 2004 must be extended by the 
140.4   commissioner of natural resources until June 30, 2004. 
140.5      <b>[EFFECTIVE DATE.]</b> This section is effective the day 
140.6   following final enactment. 
140.7      Sec. 172.  [TEMPORARY PETROFUND FEE EXEMPTION FOR MINNESOTA 
140.8   COMMERCIAL AIRLINES.] 
140.9      (a) A commercial airline providing regularly scheduled jet 
140.10  service and with its corporate headquarters in Minnesota is 
140.11  exempt from the fee established in Minnesota Statutes, section 
140.12  115C.08, subdivision 3, until July 1, 2005, provided the airline 
140.13  develops a plan approved by the commissioner of commerce 
140.14  demonstrating that the savings from this exemption will go 
140.15  towards minimizing job losses in Minnesota, and to support the 
140.16  airline's efforts to avoid filing for federal bankruptcy 
140.17  protections. 
140.18     (b) A commercial airline exempted from the fee is 
140.19  ineligible to receive reimbursement under Minnesota Statutes, 
140.20  chapter 115C, until July 1, 2005.  A commercial airline that has 
140.21  a release during the fee exemption period is ineligible to 
140.22  receive reimbursement under Minnesota Statutes, chapter 115C, 
140.23  for the costs incurred in response to that release. 
140.24     Sec. 173.  [STATE AGENCY REIMBURSEMENT.] 
140.25     State agencies that incurred reimbursable costs from 1990 
140.26  to 2002 in responding to a petroleum tank release and have not 
140.27  submitted an application for reimbursement to the petroleum tank 
140.28  release compensation board as of the effective date of this 
140.29  section shall submit an application for reimbursement by January 
140.30  1, 2005.  State agencies that receive reimbursement from the 
140.31  board must deposit reimbursement received from the petroleum 
140.32  tank release cleanup fund in the general fund or other state 
140.33  fund from which the agency expended funds for this purpose. 
140.34     Sec. 174.  [USE OF MOTORIZED DEVICES ON STATE NONMOTORIZED 
140.35  TRAILS BY PHYSICALLY DISABLED INDIVIDUALS; REVIEW.] 
140.36     By January 15, 2004, the commissioner of natural resources 
141.1   shall complete a review of the use of motorized devices on 
141.2   nonmotorized state trails by physically disabled individuals and 
141.3   report the results to the chairs of the legislative committees 
141.4   with jurisdiction over natural resources policy and finance. 
141.5      Sec. 175.  [REVISOR'S INSTRUCTION.] 
141.6      The revisor of statutes shall change the reference in 
141.7   Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3), 
141.8   from "8420.0720, subpart 8a" to "8420.0720, subpart 8." 
141.9      Sec. 176.  [REPEALER.] 
141.10     (a) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887; 
141.11  84.98; 84.99; 103B.311, subdivisions 5, 6, and 7; 103B.315, 
141.12  subdivisions 1, 2, 3, and 7; 103B.321, subdivision 3; and 
141.13  103B.3369, subdivision 3, are repealed. 
141.14     (b) Minnesota Statutes 2002, section 97A.105, subdivisions 
141.15  3a and 3b, are repealed on January 1, 2004. 
141.16     (c) Minnesota Rules, parts 9300.0010; 9300.0020; 9300.0030; 
141.17  9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 
141.18  9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 
141.19  9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 
141.20  9300.0190; 9300.0200; and 9300.0210, are repealed. 
141.21                             ARTICLE 2 
141.22                     ENVIRONMENTAL FUND CHANGES 
141.23     Section 1.  Minnesota Statutes 2002, section 16A.531, 
141.24  subdivision 1, is amended to read: 
141.25     Subdivision 1.  [ENVIRONMENTAL FUND.] There is created in 
141.26  the state treasury an environmental fund as a special revenue 
141.27  fund for deposit of receipts from environmentally related taxes, 
141.28  fees, and activities conducted by the state other sources as 
141.29  provided in subdivision 1a.  
141.30     Sec. 2.  Minnesota Statutes 2002, section 16A.531, is 
141.31  amended by adding a subdivision to read: 
141.32     Subd. 1a.  [REVENUES.] The following revenues must be 
141.33  deposited in the environmental fund: 
141.34     (1) all revenue from the motor vehicle transfer fee imposed 
141.35  under section 115A.908; 
141.36     (2) all fees collected under section 116.07, subdivision 
142.1   4d; 
142.2      (3) all money collected by the pollution control agency in 
142.3   enforcement matters as provided in section 115.073; 
142.4      (4) all revenues from license fees for individual sewage 
142.5   treatment systems under section 115.56; 
142.6      (5) all loan repayments deposited under section 115A.0716; 
142.7      (6) all revenue from pollution prevention fees imposed 
142.8   under section 115D.12; 
142.9      (7) all loan repayments deposited under section 116.994; 
142.10     (8) all fees collected under section 116C.834; 
142.11     (9) revenue collected from the solid waste management tax 
142.12  pursuant to chapter 297H; 
142.13     (10) fees collected under section 473.844; and 
142.14     (11) interest accrued on the fund. 
142.15     Sec. 3.  Minnesota Statutes 2002, section 115.073, is 
142.16  amended to read: 
142.17     115.073 [ENFORCEMENT FUNDING.] 
142.18     Except as provided in sections 115B.20, subdivision 4, 
142.19  clause (2); section 115C.05; and 473.845, subdivision 8, all 
142.20  money recovered by the state under this chapter and chapters 
142.21  115A and 116, including civil penalties and money paid under an 
142.22  agreement, stipulation, or settlement, excluding money paid for 
142.23  past due fees or taxes, up to the amount appropriated for 
142.24  implementation of Laws 1991, chapter 347, must be deposited in 
142.25  the state treasury and credited to the environmental fund. 
142.26     Sec. 4.  Minnesota Statutes 2002, section 115.56, 
142.27  subdivision 4, is amended to read: 
142.28     Subd. 4.  [LICENSE FEE.] The fee for a license required 
142.29  under subdivision 2 is $100 per year.  Revenue from the fees 
142.30  must be credited to the environmental fund and is exempt from 
142.31  section 16A.1285. 
142.32     Sec. 5.  Minnesota Statutes 2002, section 115A.0716, 
142.33  subdivision 3, is amended to read: 
142.34     Subd. 3.  [REVOLVING ACCOUNT.] An environmental assistance 
142.35  revolving account is established in the environmental fund.  All 
142.36  repayments of loans awarded under this subdivision, including 
143.1   principal and interest, must be deposited into credited to the 
143.2   account environmental fund.  Money deposited in the account 
143.3   fund under this section is annually appropriated to the director 
143.4   for loans for purposes identified in subdivisions 1 and 2. 
143.5      Sec. 6.  Minnesota Statutes 2002, section 115A.9651, 
143.6   subdivision 6, is amended to read: 
143.7      Subd. 6.  [PRODUCT REVIEW REPORTS.] (a) Except as provided 
143.8   under subdivision 7, the manufacturer, or an association of 
143.9   manufacturers, of any specified product distributed for sale or 
143.10  use in this state that is not listed pursuant to subdivision 4 
143.11  shall submit a product review report and fee as provided in 
143.12  paragraph (c) to the commissioner for each product by July 1, 
143.13  1998.  Each product review report shall contain at least the 
143.14  following: 
143.15     (1) a policy statement articulating upper management 
143.16  support for eliminating or reducing intentional introduction of 
143.17  listed metals into its products; 
143.18     (2) a description of the product and the amount of each 
143.19  listed metal distributed for use in this state; 
143.20     (3) a description of past and ongoing efforts to eliminate 
143.21  or reduce the listed metal in the product; 
143.22     (4) an assessment of options available to reduce or 
143.23  eliminate the intentional introduction of the listed metal 
143.24  including any alternatives to the specified product that do not 
143.25  contain the listed metal, perform the same technical function, 
143.26  are commercially available, and are economically practicable; 
143.27     (5) a statement of objectives in numerical terms and a 
143.28  schedule for achieving the elimination of the listed metals and 
143.29  an environmental assessment of alternative products; 
143.30     (6) a listing of options considered not to be technically 
143.31  or economically practicable; and 
143.32     (7) certification attesting to the accuracy of the 
143.33  information in the report signed and dated by an official of the 
143.34  manufacturer or user. 
143.35  If the manufacturer fails to submit a product review report, a 
143.36  user of a specified product may submit a report and fee which 
144.1   comply with this subdivision by August 15, 1998. 
144.2      (b) By July 1, 1999, and annually thereafter until the 
144.3   commissioner takes action under subdivision 9, the manufacturer 
144.4   or user must submit a progress report and fee as provided in 
144.5   paragraph (c) updating the information presented under paragraph 
144.6   (a). 
144.7      (c) The fee shall be $295 for each report.  The fee shall 
144.8   be deposited in the state treasury and credited to the 
144.9   environmental fund.  The fee is exempt from section 16A.1285.  
144.10     (d) Where it cannot be determined from a progress report 
144.11  submitted by a person pursuant to Laws 1994, chapter 585, 
144.12  section 30, subdivision 2, paragraph (e), the number of products 
144.13  for which product review reports are due under this subdivision, 
144.14  the commissioner shall have the authority to determine, after 
144.15  consultation with that person, the number of products for which 
144.16  product review reports are required. 
144.17     (e) The commissioner shall summarize, aggregate, and 
144.18  publish data reported under paragraphs (a) and (b) annually. 
144.19     (f) A product that is the subject of a recommendation by 
144.20  the Toxics in Packaging Clearinghouse, as administered by the 
144.21  Council of State Governments, is exempt from this section. 
144.22     Sec. 7.  Minnesota Statutes 2002, section 115B.17, 
144.23  subdivision 6, is amended to read: 
144.24     Subd. 6.  [RECOVERY OF EXPENSES.] Any reasonable and 
144.25  necessary expenses incurred by the agency or commissioner 
144.26  pursuant to this section, including all response costs, and 
144.27  administrative and legal expenses, may be recovered in a civil 
144.28  action brought by the attorney general against any person who 
144.29  may be liable under section 115B.04 or any other law.  The 
144.30  agency's certification of expenses shall be prima facie evidence 
144.31  that the expenses are reasonable and necessary.  Any expenses 
144.32  incurred pursuant to this section which are recovered by the 
144.33  attorney general pursuant to section 115B.04 or any other law, 
144.34  including any award of attorneys fees, shall be deposited in the 
144.35  remediation fund and credited to a special account for 
144.36  additional response actions as provided in section 115B.20, 
145.1   subdivision 2, clause (2) or (4). 
145.2      Sec. 8.  Minnesota Statutes 2002, section 115B.17, 
145.3   subdivision 7, is amended to read: 
145.4      Subd. 7.  [ACTIONS RELATING TO NATURAL RESOURCES.] For the 
145.5   purpose of this subdivision, the state is the trustee of the 
145.6   air, water and wildlife of the state.  An action pursuant to 
145.7   section 115B.04 for damages with respect to air, water or 
145.8   wildlife may be brought by the attorney general in the name of 
145.9   the state as trustee for those natural resources.  Any damages 
145.10  recovered by the attorney general pursuant to section 115B.04 or 
145.11  any other law for injury to, destruction of, or loss of natural 
145.12  resources resulting from the release of a hazardous substance, 
145.13  or a pollutant or contaminant, shall be deposited in the account 
145.14  remediation fund. 
145.15     Sec. 9.  Minnesota Statutes 2002, section 115B.17, 
145.16  subdivision 14, is amended to read: 
145.17     Subd. 14.  [REQUESTS FOR REVIEW, INVESTIGATION, AND 
145.18  OVERSIGHT.] (a) The commissioner may, upon request, assist a 
145.19  person in determining whether real property has been the site of 
145.20  a release or threatened release of a hazardous substance, 
145.21  pollutant, or contaminant.  The commissioner may also assist in, 
145.22  or supervise, the development and implementation of reasonable 
145.23  and necessary response actions.  Assistance may include review 
145.24  of agency records and files, and review and approval of a 
145.25  requester's investigation plans and reports and response action 
145.26  plans and implementation. 
145.27     (b) Except as otherwise provided in this paragraph, the 
145.28  person requesting assistance under this subdivision shall pay 
145.29  the agency for the agency's cost, as determined by the 
145.30  commissioner, of providing assistance.  A state agency, 
145.31  political subdivision, or other public entity is not required to 
145.32  pay for the agency's cost to review agency records and files.  
145.33  Money received by the agency for assistance under this section 
145.34  must be deposited in the environmental response, compensation, 
145.35  and compliance remediation fund and is exempt from section 
145.36  16A.1285. 
146.1      (c) When a person investigates a release or threatened 
146.2   release in accordance with an investigation plan approved by the 
146.3   commissioner under this subdivision, the investigation does not 
146.4   associate that person with the release or threatened release for 
146.5   the purpose of section 115B.03, subdivision 3, clause (4). 
146.6      Sec. 10.  Minnesota Statutes 2002, section 115B.17, 
146.7   subdivision 16, is amended to read: 
146.8      Subd. 16.  [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 
146.9   ACTION.] (a) If the commissioner determines that real or 
146.10  personal property acquired by the agency for response action is 
146.11  no longer needed for response action purposes, the commissioner 
146.12  may: 
146.13     (1) transfer the property to the commissioner of 
146.14  administration to be disposed of in the manner required for 
146.15  other surplus property subject to conditions the commissioner 
146.16  determines necessary to protect the public health and welfare or 
146.17  the environment, or to comply with federal law; 
146.18     (2) transfer the property to another state agency, a 
146.19  political subdivision, or special purpose district as provided 
146.20  in paragraph (b); or 
146.21     (3) if required by federal law, take actions and dispose of 
146.22  the property as required by federal law.  
146.23     (b) If the commissioner determines that real or personal 
146.24  property acquired by the agency for response action must be 
146.25  operated, maintained, or monitored after completion of other 
146.26  phases of the response action, the commissioner may transfer 
146.27  ownership of the property to another state agency, a political 
146.28  subdivision, or special purpose district that agrees to accept 
146.29  the property.  A state agency, political subdivision, or special 
146.30  purpose district is authorized to accept and implement the terms 
146.31  and conditions of a transfer under this paragraph.  The 
146.32  commissioner may set terms and conditions for the transfer that 
146.33  the commissioner considers reasonable and necessary to ensure 
146.34  proper operation, maintenance, and monitoring of response 
146.35  actions, protect the public health and welfare and the 
146.36  environment, and comply with applicable federal and state laws 
147.1   and regulations.  The state agency, political subdivision, or 
147.2   special purpose district to which the property is transferred is 
147.3   not liable under this chapter solely as a result of acquiring 
147.4   the property or acting in accordance with the terms and 
147.5   conditions of the transfer.  
147.6      (c) If the agency acquires property under subdivision 15, 
147.7   the commissioner may lease or grant an easement in the property 
147.8   to a person during the implementation of response actions if the 
147.9   lease or easement is compatible with or necessary for response 
147.10  action implementation. 
147.11     (d) The proceeds of a sale, lease, or other transfer of 
147.12  property under this subdivision by the commissioner or by the 
147.13  commissioner of administration shall be deposited in the 
147.14  environmental response, compensation, and compliance account 
147.15  remediation fund.  Any share of the proceeds that the agency is 
147.16  required by federal law or regulation to reimburse to the 
147.17  federal government is appropriated from the account to the 
147.18  agency for that purpose. Except for section 94.16, subdivision 
147.19  2, the provisions of section 94.16 do not apply to real property 
147.20  sold by the commissioner of administration which was acquired 
147.21  under subdivision 15. 
147.22     Sec. 11.  Minnesota Statutes 2002, section 115B.19, is 
147.23  amended to read: 
147.24     115B.19 [PURPOSES OF ACCOUNT AND TAXES PURPOSE OF FUND.] 
147.25     In establishing the environmental response, compensation 
147.26  and compliance account remediation fund in section 115B.20 and 
147.27  imposing taxes in section 115B.22 116.155 it is the purpose of 
147.28  the legislature to:  
147.29     (1) encourage treatment and disposal of hazardous waste in 
147.30  a manner that adequately protects the public health or welfare 
147.31  or the environment; 
147.32     (2) encourage responsible parties to provide the response 
147.33  actions necessary to protect the public and the environment from 
147.34  the effects of the release of hazardous substances; 
147.35     (3) encourage the use of alternatives to land disposal of 
147.36  hazardous waste including resource recovery, recycling, 
148.1   neutralization, and reduction; 
148.2      (4) provide state agencies with the financial resources 
148.3   needed to prepare and implement an effective and timely state 
148.4   response to the release of hazardous substances, including 
148.5   investigation, planning, removal and remedial action; 
148.6      (5) compensate for increased governmental expenses and loss 
148.7   of revenue and to provide other appropriate assistance to 
148.8   mitigate any adverse impact on communities in which commercial 
148.9   hazardous waste processing or disposal facilities are located 
148.10  under the siting process provided in chapter 115A; 
148.11     (6) recognize the environmental and public health costs of 
148.12  land disposal of solid waste and of the use and disposal of 
148.13  hazardous substances and to place the burden of financing state 
148.14  hazardous waste management activities on those whose products 
148.15  and services contribute to hazardous waste management problems 
148.16  and increase the risks of harm to the public and the environment.
148.17     Sec. 12.  Minnesota Statutes 2002, section 115B.20, is 
148.18  amended to read: 
148.19     115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
148.20  COMPLIANCE ACCOUNT ACTIONS USING MONEY FROM REMEDIATION FUND.] 
148.21     Subdivision 1.  [ESTABLISHMENT.] (a) The environmental 
148.22  response, compensation, and compliance account is in the 
148.23  environmental fund in the state treasury and may be spent only 
148.24  for the purposes provided in subdivision 2.  
148.25     (b) The commissioner of finance shall administer a response 
148.26  account for the agency and the commissioner of agriculture to 
148.27  take removal, response, and other actions authorized under 
148.28  subdivision 2, clauses (1) to (4) and (9) to (11).  The 
148.29  commissioner of finance shall transfer money from the response 
148.30  account to the agency and the commissioner of agriculture to 
148.31  take actions required under subdivision 2, clauses (1) to (4) 
148.32  and (9) to (11).  
148.33     (c) The commissioner of finance shall administer the 
148.34  account in a manner that allows the commissioner of agriculture 
148.35  and the agency to utilize the money in the account to implement 
148.36  their removal and remedial action duties as effectively as 
149.1   possible. 
149.2      (d) Amounts appropriated to the commissioner of finance 
149.3   under this subdivision shall not be included in the department 
149.4   of finance budget but shall be included in the pollution control 
149.5   agency and department of agriculture budgets. 
149.6      (e) All money recovered by the state under section 115B.04 
149.7   or any other law for injury to, destruction of, or loss of 
149.8   natural resources resulting from the release of a hazardous 
149.9   substance, or a pollutant or contaminant, must be credited to 
149.10  the environmental response, compensation, and compliance account 
149.11  in the environmental fund and is appropriated to the 
149.12  commissioner of natural resources for purposes of subdivision 2, 
149.13  clause (5), consistent with any applicable term of judgments, 
149.14  consent decrees, consent orders, or other administrative actions 
149.15  requiring payments to the state for such purposes.  Before 
149.16  making an expenditure of money appropriated under this 
149.17  paragraph, the commissioner of natural resources shall provide 
149.18  written notice of the proposed expenditure to the chairs of the 
149.19  senate committee on finance, the house of representatives 
149.20  committee on ways and means, the finance division of the senate 
149.21  committee on environment and natural resources, and the house of 
149.22  representatives committee on environment and natural resources 
149.23  finance. 
149.24     Subd. 2.  [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Subject 
149.25  to appropriation by the legislature the money in the 
149.26  account Money appropriated from the remediation fund under 
149.27  section 116.155, subdivision 2, paragraph (a), clause (1), may 
149.28  be spent only for any of the following purposes:  
149.29     (1) preparation by the agency and the commissioner of 
149.30  agriculture for taking removal or remedial action under section 
149.31  115B.17, or under chapter 18D, including investigation, 
149.32  monitoring and testing activities, enforcement and compliance 
149.33  efforts relating to the release of hazardous substances, 
149.34  pollutants or contaminants under section 115B.17 or 115B.18, or 
149.35  chapter 18D; 
149.36     (2) removal and remedial actions taken or authorized by the 
150.1   agency or the commissioner of the pollution control agency under 
150.2   section 115B.17, or taken or authorized by the commissioner of 
150.3   agriculture under chapter 18D including related enforcement and 
150.4   compliance efforts under section 115B.17 or 115B.18, or chapter 
150.5   18D, and payment of the state share of the cost of remedial 
150.6   action which may be carried out under a cooperative agreement 
150.7   with the federal government pursuant to the federal Superfund 
150.8   Act, under United States Code, title 42, section 9604(c)(3) for 
150.9   actions related to facilities other than commercial hazardous 
150.10  waste facilities located under the siting authority of chapter 
150.11  115A; 
150.12     (3) reimbursement to any private person for expenditures 
150.13  made before July 1, 1983, to provide alternative water supplies 
150.14  deemed necessary by the agency or the commissioner of 
150.15  agriculture and the department of health to protect the public 
150.16  health from contamination resulting from the release of a 
150.17  hazardous substance; 
150.18     (4) removal and remedial actions taken or authorized by the 
150.19  agency or the commissioner of agriculture or the pollution 
150.20  control agency under section 115B.17, or chapter 18D, including 
150.21  related enforcement and compliance efforts under section 115B.17 
150.22  or 115B.18, or chapter 18D, and payment of the state share of 
150.23  the cost of remedial action which may be carried out under a 
150.24  cooperative agreement with the federal government pursuant to 
150.25  the federal Superfund Act, under United States Code, title 42, 
150.26  section 9604(c)(3) for actions related to commercial hazardous 
150.27  waste facilities located under the siting authority of chapter 
150.28  115A; 
150.29     (5) assessment and recovery of natural resource damages by 
150.30  the agency and the commissioners of natural resources and 
150.31  administration, and planning and implementation by the 
150.32  commissioner of natural resources of the rehabilitation, 
150.33  restoration, or acquisition of natural resources to remedy 
150.34  injuries or losses to natural resources resulting from the 
150.35  release of a hazardous substance; before implementing a project 
150.36  to rehabilitate, restore, or acquire natural resources under 
151.1   this clause, the commissioner of natural resources shall provide 
151.2   written notice of the proposed project to the chairs of the 
151.3   senate and house of representatives committees with jurisdiction 
151.4   over environment and natural resources finance; 
151.5      (6) inspection, monitoring, and compliance efforts by the 
151.6   agency, or by political subdivisions with agency approval, of 
151.7   commercial hazardous waste facilities located under the siting 
151.8   authority of chapter 115A; 
151.9      (7) grants by the agency or the office of environmental 
151.10  assistance to demonstrate alternatives to land disposal of 
151.11  hazardous waste including reduction, separation, pretreatment, 
151.12  processing and resource recovery, for education of persons 
151.13  involved in regulating and handling hazardous waste; 
151.14     (8) grants by the agency to study the extent of 
151.15  contamination and feasibility of cleanup of hazardous substances 
151.16  and pollutants or contaminants in major waterways of the state; 
151.17     (9) (5) acquisition of a property interest under section 
151.18  115B.17, subdivision 15; 
151.19     (10) (6) reimbursement, in an amount to be determined by 
151.20  the agency in each case, to a political subdivision that is not 
151.21  a responsible person under section 115B.03, for reasonable and 
151.22  necessary expenditures resulting from an emergency caused by a 
151.23  release or threatened release of a hazardous substance, 
151.24  pollutant, or contaminant; and 
151.25     (11) (7) reimbursement to a political subdivision for 
151.26  expenditures in excess of the liability limit under section 
151.27  115B.04, subdivision 4. 
151.28     Subd. 3.  [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 
151.29  of agriculture or the pollution control agency or the agency may 
151.30  not spend any money under subdivision 2, clause (2) or (4), for 
151.31  removal or remedial actions to the extent that the costs of 
151.32  those actions may be compensated from any fund established under 
151.33  the Federal Superfund Act, United States Code, title 42, section 
151.34  9600 et seq.  The commissioner of agriculture or the pollution 
151.35  control agency or the agency shall determine the extent to which 
151.36  any of the costs of those actions may be compensated under the 
152.1   federal act based on the likelihood that the compensation will 
152.2   be available in a timely fashion.  In making this determination 
152.3   the commissioner of agriculture or the pollution control agency 
152.4   or the agency shall take into account:  
152.5      (1) the urgency of the removal or remedial actions and the 
152.6   priority assigned under the Federal Superfund Act to the release 
152.7   which necessitates those actions; 
152.8      (2) the availability of money in the funds established 
152.9   under the Federal Superfund Act; and 
152.10     (3) the consistency of any compensation for the cost of the 
152.11  proposed actions under the Federal Superfund Act with the 
152.12  national contingency plan, if such a plan has been adopted under 
152.13  that act.  
152.14     Subd. 4.  [REVENUE SOURCES.] Revenue from the following 
152.15  sources shall be deposited in the account: 
152.16     (1) the proceeds of the taxes imposed pursuant to section 
152.17  115B.22, including interest and penalties; 
152.18     (2) all money recovered by the state under sections 115B.01 
152.19  to 115B.18 or under any other statute or rule related to the 
152.20  regulation of hazardous waste or hazardous substances, including 
152.21  civil penalties and money paid under any agreement, stipulation 
152.22  or settlement but excluding fees imposed under section 116.12; 
152.23     (3) all interest attributable to investment of money 
152.24  deposited in the account; and 
152.25     (4) all money received in the form of gifts, grants, 
152.26  reimbursement or appropriation from any source for any of the 
152.27  purposes provided in subdivision 2, except federal grants.  
152.28     Subd. 5.  [RECOMMENDATION.] The commissioner of agriculture 
152.29  shall make recommendations to the standing legislative 
152.30  committees on finance and appropriations regarding 
152.31  appropriations from the account. 
152.32     Subd. 6.  [REPORT TO LEGISLATURE.] Each year, the 
152.33  commissioner of agriculture and the agency shall submit to the 
152.34  senate finance committee, the house ways and means committee, 
152.35  the environment and natural resources committees of the senate 
152.36  and house of representatives, the finance division of the senate 
153.1   committee on environment and natural resources, and the house of 
153.2   representatives committee on environment and natural resources 
153.3   finance, and the environmental quality board a report detailing 
153.4   the activities for which money from the account has been spent 
153.5   pursuant to this section during the previous fiscal year. 
153.6      Sec. 13.  Minnesota Statutes 2002, section 115B.22, 
153.7   subdivision 7, is amended to read: 
153.8      Subd. 7.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
153.9   the department of revenue for costs incurred in administering 
153.10  sections 115B.22 and 115B.24, the proceeds of the taxes imposed 
153.11  under this section including any interest and penalties shall be 
153.12  deposited in the environmental response, compensation, and 
153.13  compliance account fund. 
153.14     Sec. 14.  Minnesota Statutes 2002, section 115B.25, 
153.15  subdivision 1a, is amended to read: 
153.16     Subd. 1a.  [ACCOUNT FUND.] Except when another fund or 
153.17  account is specified, "account fund" means the environmental 
153.18  response, compensation, and compliance account remediation fund 
153.19  established in section 115B.20 116.155. 
153.20     Sec. 15.  Minnesota Statutes 2002, section 115B.25, 
153.21  subdivision 4, is amended to read: 
153.22     Subd. 4.  [ELIGIBLE PERSON.] "Eligible person" means a 
153.23  person who is eligible to file a claim with the account fund 
153.24  under section 115B.29. 
153.25     Sec. 16.  Minnesota Statutes 2002, section 115B.26, is 
153.26  amended to read: 
153.27     115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
153.28  COMPLIANCE ACCOUNT PAYMENT OF CLAIMS.] 
153.29     Subd. 2.  [APPROPRIATION.] The amount necessary to pay 
153.30  claims of compensation granted by the agency under sections 
153.31  115B.25 to 115B.37 is must be directly appropriated to the 
153.32  agency from the account fund by the legislature.  The agency 
153.33  shall submit claims for compensation to the legislature at the 
153.34  next legislative session. 
153.35     Subd. 3.  [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If 
153.36  the amount of the claims granted exceeds the amount in the 
154.1   account, the agency shall request a transfer from the general 
154.2   contingent account to the environmental response, compensation, 
154.3   and compliance account as provided in section 3.30.  If no 
154.4   transfer is approved, the agency shall pay the claims which have 
154.5   been granted in the order granted only to the extent of the 
154.6   money remaining in the account.  The agency shall pay the 
154.7   remaining claims which have been granted after additional money 
154.8   is credited to the account. 
154.9      Subd. 4.  [ACCOUNT TRANSFER REQUEST.] At the end of each 
154.10  fiscal year, the agency shall submit a request to the petroleum 
154.11  tank release compensation board for transfer to the account fund 
154.12  from the petroleum tank release cleanup fund under section 
154.13  115C.08, subdivision 5, of an amount equal to the compensation 
154.14  granted by the agency for claims related to petroleum releases 
154.15  plus administrative costs related to determination of those 
154.16  claims. 
154.17     Sec. 17.  Minnesota Statutes 2002, section 115B.30, is 
154.18  amended to read: 
154.19     115B.30 [ELIGIBLE INJURY AND DAMAGE.] 
154.20     Subdivision 1.  [ELIGIBLE PERSONAL INJURY.] (a) A personal 
154.21  injury which could reasonably have resulted from exposure to a 
154.22  harmful substance released from a facility where it was placed 
154.23  or came to be located is eligible for compensation from 
154.24  the account fund if:  
154.25     (1) it is a medically verified chronic or progressive 
154.26  disease, illness, or disability such as cancer, organic nervous 
154.27  system disorders, or physical deformities, including 
154.28  malfunctions in reproduction, in humans or their offspring, or 
154.29  death; or 
154.30     (2) it is a medically verified acute disease or condition 
154.31  that typically manifests itself rapidly after a single exposure 
154.32  or limited exposures and the persons responsible for the release 
154.33  of the harmful substance are unknown or cannot with reasonable 
154.34  diligence be determined or located or a judgment would not be 
154.35  satisfied in whole or in part against the persons determined to 
154.36  be responsible for the release of the harmful substance.  
155.1      (b) A personal injury is not compensable from the account 
155.2   if: 
155.3      (1) the injury is compensable under the workers' 
155.4   compensation law, chapter 176; 
155.5      (2) the injury arises out of the claimant's use of a 
155.6   consumer product; 
155.7      (3) the injury arises out of an exposure that occurred or 
155.8   is occurring outside the geographical boundaries of the state; 
155.9      (4) the injury results from the release of a harmful 
155.10  substance for which the claimant is a responsible person; or 
155.11     (5) the injury is an acute disease or condition other than 
155.12  one described in paragraph (a). 
155.13     Subd. 2.  [ELIGIBLE PROPERTY DAMAGE.] Damage to real 
155.14  property in Minnesota owned by the claimant is eligible for 
155.15  compensation from the account fund if the damage results from 
155.16  the presence in or on the property of a harmful substance 
155.17  released from a facility where it was placed or came to be 
155.18  located.  Damage to property is not eligible for compensation 
155.19  from the account fund if it results from the release of a 
155.20  harmful substance for which the claimant is a responsible person.
155.21     Subd. 3.  [TIME FOR FILING CLAIM.] (a) A claim is not 
155.22  eligible for compensation from the account fund unless it is 
155.23  filed with the agency within the time provided in this 
155.24  subdivision. 
155.25     (b) A claim for compensation for personal injury must be 
155.26  filed within two years after the injury and its connection to 
155.27  exposure to a harmful substance was or reasonably should have 
155.28  been discovered. 
155.29     (c) A claim for compensation for property damage must be 
155.30  filed within two years after the full amount of compensable 
155.31  losses can be determined. 
155.32     (d) Notwithstanding the provisions of this subdivision, 
155.33  claims for compensation that would otherwise be barred by any 
155.34  statute of limitations provided in sections 115B.25 to 115B.37 
155.35  may be filed not later than January 1, 1992. 
155.36     Sec. 18.  Minnesota Statutes 2002, section 115B.31, 
156.1   subdivision 1, is amended to read: 
156.2      Subdivision 1.  [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 
156.3   CERTAIN CASES.] (a) A person who has settled a claim for an 
156.4   eligible injury or eligible property damage with a responsible 
156.5   person, either before or after bringing an action in court for 
156.6   that injury or damage, may not file a claim with the account for 
156.7   the same injury or damage.  A person who has received a 
156.8   favorable judgment in a court action for an eligible injury or 
156.9   eligible property damage may not file a claim with the account 
156.10  fund for the same injury or damage, unless the judgment cannot 
156.11  be satisfied in whole or in part against the persons responsible 
156.12  for the release of the harmful substance.  A person who has 
156.13  filed a claim with the agency or its predecessor, the harmful 
156.14  substance compensation board, may not file another claim with 
156.15  the agency for the same eligible injury or damage, unless the 
156.16  claim was inactivated by the agency or board as provided in 
156.17  section 115B.32, subdivision 1. 
156.18     (b) A person who has filed a claim with the agency or board 
156.19  for an eligible injury or damage, and who has received and 
156.20  accepted an award from the agency or board, is precluded from 
156.21  bringing an action in court for the same eligible injury or 
156.22  damage.  
156.23     (c) A person who files a claim with the agency for personal 
156.24  injury or property damage must include all known claims eligible 
156.25  for compensation in one proceeding before the agency. 
156.26     Sec. 19.  Minnesota Statutes 2002, section 115B.31, 
156.27  subdivision 3, is amended to read: 
156.28     Subd. 3.  [SUBROGATION BY STATE.] The state is subrogated 
156.29  to all the claimant's rights under statutory or common law to 
156.30  recover losses compensated from the account fund from other 
156.31  sources, including responsible persons as defined in section 
156.32  115B.03.  The state may bring a subrogation action in its own 
156.33  name or in the name of the claimant.  The state may not bring a 
156.34  subrogation action against a person who was a party in a court 
156.35  action by the claimant for the same eligible injury or damage, 
156.36  unless the claimant dismissed the action prior to trial.  Money 
157.1   recovered by the state under this subdivision must be deposited 
157.2   in the account fund.  Nothing in sections 115B.25 to 115B.37 
157.3   shall be construed to create a standard of recovery in a 
157.4   subrogation action.  
157.5      Sec. 20.  Minnesota Statutes 2002, section 115B.31, 
157.6   subdivision 4, is amended to read: 
157.7      Subd. 4.  [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 
157.8   A claimant may not commence a court action to recover for any 
157.9   injury or damage for which the claimant seeks compensation from 
157.10  the account fund during the time that a claim is pending before 
157.11  the agency.  A person may not file a claim with the agency for 
157.12  compensation for any injury or damage for which the claimant 
157.13  seeks to recover in a pending court action.  The time for filing 
157.14  a claim under section 115B.30 or the statute of limitations for 
157.15  any civil action is suspended during the period of time that a 
157.16  claimant is precluded from filing a claim or commencing an 
157.17  action under this subdivision. 
157.18     Sec. 21.  Minnesota Statutes 2002, section 115B.32, 
157.19  subdivision 1, is amended to read: 
157.20     Subdivision 1.  [FORM.] A claim for compensation from 
157.21  the account fund must be filed with the agency in the form 
157.22  required by the agency.  When a claim does not include all the 
157.23  information required by subdivision 2 and applicable agency 
157.24  rules, the agency staff shall notify the claimant of the absence 
157.25  of the required information within 14 days of the filing of the 
157.26  claim.  All required information must be received by the agency 
157.27  not later than 60 days after the claimant received notice of its 
157.28  absence or the claim will be inactivated and may not be 
157.29  resubmitted for at least one year following the date of 
157.30  inactivation.  The agency may decide not to inactivate a claim 
157.31  under this subdivision if it finds serious extenuating 
157.32  circumstances. 
157.33     Sec. 22.  Minnesota Statutes 2002, section 115B.33, 
157.34  subdivision 1, is amended to read: 
157.35     Subdivision 1.  [STANDARD FOR PERSONAL INJURY.] The agency 
157.36  shall grant compensation to a claimant who shows that it is more 
158.1   likely than not that: 
158.2      (1) the claimant suffers a medically verified injury that 
158.3   is eligible for compensation from the account fund and that has 
158.4   resulted in a compensable loss; 
158.5      (2) the claimant has been exposed to a harmful substance; 
158.6      (3) the release of the harmful substance from a facility 
158.7   where the substance was placed or came to be located could 
158.8   reasonably have resulted in the claimant's exposure to the 
158.9   substance in the amount and duration experienced by the 
158.10  claimant; and 
158.11     (4) the injury suffered by the claimant can be caused or 
158.12  significantly contributed to by exposure to the harmful 
158.13  substance in an amount and duration experienced by the claimant. 
158.14     Sec. 23.  Minnesota Statutes 2002, section 115B.34, is 
158.15  amended to read: 
158.16     115B.34 [COMPENSABLE LOSSES.] 
158.17     Subdivision 1.  [PERSONAL INJURY LOSSES.] Losses 
158.18  compensable by the account fund for personal injury are limited 
158.19  to: 
158.20     (1) medical expenses directly related to the claimant's 
158.21  injury; 
158.22     (2) up to two-thirds of the claimant's lost wages not to 
158.23  exceed $2,000 per month or $24,000 per year; 
158.24     (3) up to two-thirds of a self-employed claimant's lost 
158.25  income, not to exceed $2,000 per month or $24,000 per year; 
158.26     (4) death benefits to dependents which the agency shall 
158.27  define by rule subject to the following conditions: 
158.28     (i) the rule adopted by the agency must establish a 
158.29  schedule of benefits similar to that established by section 
158.30  176.111 and must not provide for the payment of benefits to 
158.31  dependents other than those dependents defined in section 
158.32  176.111; 
158.33     (ii) the total benefits paid to all dependents of a 
158.34  claimant must not exceed $2,000 per month; 
158.35     (iii) benefits paid to a spouse and all dependents other 
158.36  than children must not continue for a period longer than ten 
159.1   years; 
159.2      (iv) payment of benefits is subject to the limitations of 
159.3   section 115B.36; and 
159.4      (5) the value of household labor lost due to the claimant's 
159.5   injury or disease, which must be determined in accordance with a 
159.6   schedule established by the board by rule, not to exceed $2,000 
159.7   per month or $24,000 per year. 
159.8      Subd. 2.  [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 
159.9   by the account fund for property damage are limited to the 
159.10  following losses caused by damage to the principal residence of 
159.11  the claimant: 
159.12     (1) the reasonable cost of replacing or decontaminating the 
159.13  primary source of drinking water for the property not to exceed 
159.14  the amount actually expended by the claimant or assessed by a 
159.15  local taxing authority, if the department of health has 
159.16  confirmed that the remedy provides safe drinking water and 
159.17  advised that the water not be used for drinking or determined 
159.18  that the replacement or decontamination of the source of 
159.19  drinking water was necessary, up to a maximum of $25,000; 
159.20     (2) losses incurred as a result of a bona fide sale of the 
159.21  property at less than the appraised market value under 
159.22  circumstances that constitute a hardship to the owner, limited 
159.23  to 75 percent of the difference between the appraised market 
159.24  value and the selling price, but not to exceed $25,000; and 
159.25     (3) losses incurred as a result of the inability of an 
159.26  owner in hardship circumstances to sell the property due to the 
159.27  presence of harmful substances, limited to the increase in costs 
159.28  associated with the need to maintain two residences, but not to 
159.29  exceed $25,000.  
159.30     (b) In computation of the loss under paragraph (a), clause 
159.31  (3), the agency shall offset the loss by the amount of any 
159.32  income received by the claimant from the rental of the property. 
159.33     (c) For purposes of paragraph (a), the following 
159.34  definitions apply: 
159.35     (1) "appraised market value" means an appraisal of the 
159.36  market value of the property disregarding any decrease in value 
160.1   caused by the presence of a harmful substance in or on the 
160.2   property; and 
160.3      (2) "hardship" means an urgent need to sell the property 
160.4   based on a special circumstance of the owner including 
160.5   catastrophic medical expenses, inability of the owner to 
160.6   physically maintain the property due to a physical or mental 
160.7   condition, and change of employment of the owner or other member 
160.8   of the owner's household requiring the owner to move to a 
160.9   different location. 
160.10     (d) Appraisals are subject to agency approval.  The agency 
160.11  may adopt rules governing approval of appraisals, criteria for 
160.12  establishing a hardship, and other matters necessary to 
160.13  administer this subdivision. 
160.14     Sec. 24.  Minnesota Statutes 2002, section 115B.36, is 
160.15  amended to read: 
160.16     115B.36 [AMOUNT AND FORM OF PAYMENT.] 
160.17     If the agency decides to grant compensation, it shall 
160.18  determine the net uncompensated loss payable to the claimant by 
160.19  computing the total amount of compensable losses payable to the 
160.20  claimant and subtracting the total amount of any compensation 
160.21  received by the claimant for the same injury or damage from 
160.22  other sources including, but not limited to, all forms of 
160.23  insurance and social security and any emergency award made by 
160.24  the agency.  The agency shall pay compensation in the amount of 
160.25  the net uncompensated loss, provided that no claimant may 
160.26  receive more than $250,000.  In the case of a death, the total 
160.27  amount paid to all persons on behalf of the claimant may not 
160.28  exceed $250,000. 
160.29     Compensation from the account fund may be awarded in a lump 
160.30  sum or in installments at the discretion of the agency. 
160.31     Sec. 25.  Minnesota Statutes 2002, section 115B.40, 
160.32  subdivision 4, is amended to read: 
160.33     Subd. 4.  [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 
160.34  DUTIES.] (a) The owner or operator of a qualified facility that 
160.35  is not subject to a cleanup order shall: 
160.36     (1) complete closure activities at the facility, or enter 
161.1   into a binding agreement with the commissioner to do so, as 
161.2   provided in paragraph (e), within one year from the date the 
161.3   owner or operator is notified by the commissioner under 
161.4   subdivision 3 of the closure activities that are necessary to 
161.5   properly close the facility in compliance with facility's 
161.6   permit, closure orders, or enforcement agreement with the 
161.7   agency, and with the solid waste rules in effect at the time the 
161.8   facility stopped accepting waste; 
161.9      (2) undertake or continue postclosure care at the facility 
161.10  until the date of notice of compliance under subdivision 7; 
161.11     (3) in the case of qualified facilities defined in section 
161.12  115B.39, subdivision 2, paragraph (l), clause (1), transfer to 
161.13  the commissioner of revenue for deposit in the solid waste 
161.14  remediation fund established in section 115B.42 116.155 any 
161.15  funds required for proof of financial responsibility under 
161.16  section 116.07, subdivision 4h, that remain after facility 
161.17  closure and any postclosure care and response action undertaken 
161.18  by the owner or operator at the facility including, if proof of 
161.19  financial responsibility is provided through a letter of credit 
161.20  or other financial instrument or mechanism that does not 
161.21  accumulate money in an account, the amount that would have 
161.22  accumulated had the owner or operator utilized a trust fund, 
161.23  less any amount used for closure, postclosure care, and response 
161.24  action at the facility; and 
161.25     (4) in the case of qualified facilities defined in section 
161.26  115B.39, subdivision 2, paragraph (l), clause (2), transfer to 
161.27  the commissioner of revenue for deposit in the solid waste 
161.28  remediation fund established in section 115B.42 116.155 an 
161.29  amount of cash that is equal to the sum of their approved 
161.30  current contingency action cost estimate and the present value 
161.31  of their approved estimated remaining postclosure care costs 
161.32  required for proof of financial responsibility under section 
161.33  116.07, subdivision 4h. 
161.34     (b) The owner or operator of a qualified facility that is 
161.35  not subject to a cleanup order shall:  
161.36     (1) in the case of qualified facilities defined in section 
162.1   115B.39, subdivision 2, paragraph (l), clause (1), provide the 
162.2   commissioner with a copy of all applicable comprehensive general 
162.3   liability insurance policies and other liability policies 
162.4   relating to property damage, certificates, or other evidence of 
162.5   insurance coverage held during the life of the facility; and 
162.6      (2) enter into a binding agreement with the commissioner to:
162.7      (i) in the case of qualified facilities defined in section 
162.8   115B.39, subdivision 2, paragraph (l), clause (1), take any 
162.9   actions necessary to preserve the owner or operator's rights to 
162.10  payment or defense under insurance policies included in clause 
162.11  (1); cooperate with the commissioner in asserting claims under 
162.12  the policies; and, within 60 days of a request by the 
162.13  commissioner, but no earlier than July 1, 1996, assign only 
162.14  those rights under the policies related to environmental 
162.15  response costs; 
162.16     (ii) cooperate with the commissioner or other persons 
162.17  acting at the direction of the commissioner in taking additional 
162.18  environmental response actions necessary to address releases or 
162.19  threatened releases and to avoid any action that interferes with 
162.20  environmental response actions, including allowing entry to the 
162.21  property and to the facility's records and allowing entry and 
162.22  installation of equipment; and 
162.23     (iii) refrain from developing or altering the use of 
162.24  property described in any permit for the facility except after 
162.25  consultation with the commissioner and in conformance with any 
162.26  conditions established by the commissioner for that property, 
162.27  including use restrictions, to protect public health and welfare 
162.28  and the environment. 
162.29     (c) The owner or operator of a qualified facility defined 
162.30  in section 115B.39, subdivision 2, paragraph (l), clause (1), 
162.31  that is a political subdivision may use a portion of any funds 
162.32  established for response at the facility, which are available 
162.33  directly or through a financial instrument or other financial 
162.34  arrangement, for closure or postclosure care at the facility if 
162.35  funds available for closure or postclosure care are inadequate 
162.36  and shall assign the rights to any remainder to the commissioner.
163.1      (d) The agreement required in paragraph (b), clause (2), 
163.2   must be in writing and must apply to and be binding upon the 
163.3   successors and assigns of the owner.  The owner shall record the 
163.4   agreement, or a memorandum approved by the commissioner that 
163.5   summarizes the agreement, with the county recorder or registrar 
163.6   of titles of the county where the property is located. 
163.7      (e) A binding agreement entered into under paragraph (a), 
163.8   clause (1), may include a provision that the owner or operator 
163.9   will reimburse the commissioner for the costs of closing the 
163.10  facility to the standard required in that clause. 
163.11     Sec. 26.  Minnesota Statutes 2002, section 115B.41, 
163.12  subdivision 1, is amended to read: 
163.13     Subdivision 1.  [ALLOCATION AND RECOVERY OF COSTS.] (a) A 
163.14  person who is subject to the requirements in section 115B.40, 
163.15  subdivision 4 or 5, paragraph (b), is responsible for all 
163.16  environmental response costs incurred by the commissioner at or 
163.17  related to the facility until the date of notice of compliance 
163.18  under section 115B.40, subdivision 7.  The commissioner may use 
163.19  any funds available for closure, postclosure care, and response 
163.20  action established by the owner or operator.  If those funds are 
163.21  insufficient or if the owner or operator fails to assign rights 
163.22  to them to the commissioner, the commissioner may seek recovery 
163.23  of environmental response costs against the owner or operator in 
163.24  the county of Ramsey or in the county where the facility is 
163.25  located or where the owner or operator resides.  
163.26     (b) In an action brought under this subdivision in which 
163.27  the commissioner prevails, the court shall award the 
163.28  commissioner reasonable attorney fees and other litigation 
163.29  expenses incurred by the commissioner to bring the action.  All 
163.30  costs, fees, and expenses recovered under this subdivision must 
163.31  be deposited in the solid waste remediation fund established in 
163.32  section 115B.42 116.155. 
163.33     Sec. 27.  Minnesota Statutes 2002, section 115B.41, 
163.34  subdivision 2, is amended to read: 
163.35     Subd. 2.  [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 
163.36  environmental response costs, including administrative and legal 
164.1   expenses, incurred by the commissioner at a qualified facility 
164.2   before the date of notice of compliance under section 115B.40, 
164.3   subdivision 7, constitute a lien in favor of the state upon any 
164.4   real property located in the state, other than homestead 
164.5   property, owned by the owner or operator who is subject to the 
164.6   requirements of section 115B.40, subdivision 4 or 5.  A lien 
164.7   under this subdivision attaches when the environmental response 
164.8   costs are first incurred and continues until the lien is 
164.9   satisfied or becomes unenforceable as for an environmental lien 
164.10  under section 514.672.  Notice, filing, and release of the lien 
164.11  are governed by sections 514.671 to 514.676, except where those 
164.12  requirements specifically are related to only cleanup action 
164.13  expenses as defined in section 514.671.  Relative priority of a 
164.14  lien under this subdivision is governed by section 514.672, 
164.15  except that a lien attached to property that was included in any 
164.16  permit for the solid waste disposal facility takes precedence 
164.17  over all other liens regardless of when the other liens were or 
164.18  are perfected.  Amounts received to satisfy all or a part of a 
164.19  lien must be deposited in the solid waste remediation fund. 
164.20     Sec. 28.  Minnesota Statutes 2002, section 115B.41, 
164.21  subdivision 3, is amended to read: 
164.22     Subd. 3.  [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 
164.23  operator fails to comply with section 115B.40, subdivision 4, or 
164.24  5, paragraph (b), fails to remit payment of environmental 
164.25  response costs incurred by the commissioner before the date of 
164.26  notice of compliance under section 115B.40, subdivision 7, and 
164.27  is a local government unit, the commissioner may seek payment of 
164.28  the costs from any state aid payments, except payments made 
164.29  under section 115A.557, subdivision 1, otherwise due the local 
164.30  government unit.  The commissioner of revenue, after being 
164.31  notified by the commissioner that the local government unit has 
164.32  failed to pay the costs and the amount due, shall pay an annual 
164.33  proportionate amount of the state aid payment otherwise payable 
164.34  to the local government unit into the solid waste remediation 
164.35  fund that will, over a period of no more than five years, 
164.36  satisfy the liability of the local government unit for the costs.
165.1      Sec. 29.  Minnesota Statutes 2002, section 115B.42, 
165.2   subdivision 2, is amended to read: 
165.3      Subd. 2.  [EXPENDITURES.] Money in the fund may be spent by 
165.4   The commissioner may spend money from the remediation fund under 
165.5   section 116.155, subdivision 2, paragraph (a), clause (2), to: 
165.6      (1) inspect permitted mixed municipal solid waste disposal 
165.7   facilities to: 
165.8      (i) evaluate the adequacy of final cover, slopes, 
165.9   vegetation, and erosion control; 
165.10     (ii) determine the presence and concentration of hazardous 
165.11  substances, pollutants or contaminants, and decomposition gases; 
165.12  and 
165.13     (iii) determine the boundaries of fill areas; 
165.14     (2) monitor and take, or reimburse others for, 
165.15  environmental response actions, including emergency response 
165.16  actions, at qualified facilities; 
165.17     (3) acquire and dispose of property under section 115B.412, 
165.18  subdivision 3; 
165.19     (4) recover costs under section 115B.39; 
165.20     (5) administer, including providing staff and 
165.21  administrative support for, sections 115B.39 to 115B.445; 
165.22     (6) enforce sections 115B.39 to 115B.445; 
165.23     (7) subject to appropriation, administer the agency's 
165.24  groundwater and solid waste management programs; 
165.25     (8) pay for private water supply well monitoring and health 
165.26  assessment costs of the commissioner of health in areas affected 
165.27  by unpermitted mixed municipal solid waste disposal facilities; 
165.28     (9) (8) reimburse persons under section 115B.43; 
165.29     (10) (9) reimburse mediation expenses up to a total of 
165.30  $250,000 annually or defense costs up to a total of $250,000 
165.31  annually for third-party claims for response costs under state 
165.32  or federal law as provided in section 115B.414; and 
165.33     (11) (10) perform environmental assessments, up to 
165.34  $1,000,000, at unpermitted mixed municipal solid waste disposal 
165.35  facilities. 
165.36     Sec. 30.  Minnesota Statutes 2002, section 115B.421, is 
166.1   amended to read: 
166.2      115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 
166.3      The closed landfill investment fund is established in the 
166.4   state treasury.  The fund consists of money credited to the 
166.5   fund, and interest and other earnings on money in the fund.  The 
166.6   commissioner of finance shall transfer an initial amount of 
166.7   $5,100,000 from the balance in the solid waste fund beginning in 
166.8   fiscal year 2000 and shall continue to transfer $5,100,000 for 
166.9   each following fiscal year, ceasing after 2003.  Beginning July 
166.10  1, 2003, funds must be deposited as described in section 
166.11  115B.445.  The fund shall be managed to maximize long-term gain 
166.12  through the state board of investment.  Money in the fund may be 
166.13  spent by the commissioner after fiscal year 2020 in accordance 
166.14  with section 115B.42, subdivision 2, clauses (1) to (6) sections 
166.15  115B.39 to 115B.444.  
166.16     Sec. 31.  Minnesota Statutes 2002, section 115B.445, is 
166.17  amended to read: 
166.18     115B.445 [DEPOSIT OF PROCEEDS.] 
166.19     All amounts paid to the state by an insurer pursuant to any 
166.20  settlement under section 115B.443 or judgment under section 
166.21  115B.444 must be deposited in the state treasury and 
166.22  credited equally to the solid waste remediation fund and the 
166.23  closed landfill investment fund. 
166.24     <b>[EFFECTIVE DATE.]</b> This section is effective for all 
166.25  proceeds paid after June 30, 2001. 
166.26     Sec. 32.  Minnesota Statutes 2002, section 115B.48, 
166.27  subdivision 2, is amended to read: 
166.28     Subd. 2.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
166.29  REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 
166.30  response and reimbursement account" or "account" means the dry 
166.31  cleaner environmental response and reimbursement account in the 
166.32  remediation fund established in section sections 115B.49 and 
166.33  116.155. 
166.34     Sec. 33.  Minnesota Statutes 2002, section 115B.49, 
166.35  subdivision 1, is amended to read: 
166.36     Subdivision 1.  [ESTABLISHMENT.] The dry cleaner 
167.1   environmental response and reimbursement account is established 
167.2   as an account in the state treasury remediation fund. 
167.3      Sec. 34.  Minnesota Statutes 2002, section 115B.49, 
167.4   subdivision 3, is amended to read: 
167.5      Subd. 3.  [EXPENDITURES.] (a) Money in the account may only 
167.6   be used: 
167.7      (1) for environmental response costs incurred by the 
167.8   commissioner under section 115B.50, subdivision 1; 
167.9      (2) for reimbursement of amounts spent by the commissioner 
167.10  from the environmental response, compensation, and compliance 
167.11  account remediation fund for expenses described in clause (1); 
167.12     (3) for reimbursements under section 115B.50, subdivision 
167.13  2; and 
167.14     (4) for administrative costs of the commissioner of revenue.
167.15     (b) Money in the account is appropriated to the 
167.16  commissioner for the purposes of this subdivision.  The 
167.17  commissioner shall transfer funds to the commissioner of revenue 
167.18  sufficient to cover administrative costs pursuant to paragraph 
167.19  (a), clause (4). 
167.20     Sec. 35.  Minnesota Statutes 2002, section 115D.12, 
167.21  subdivision 2, is amended to read: 
167.22     Subd. 2.  [FEES.] (a) Persons required by United States 
167.23  Code, title 42, section 11023, to submit a toxic chemical 
167.24  release form to the commission, and owners or operators of 
167.25  facilities listed in section 299K.08, subdivision 3, shall pay a 
167.26  pollution prevention fee of $150 for each toxic pollutant 
167.27  reported released plus a fee based on the total pounds of toxic 
167.28  pollutants reported as released from each facility.  Facilities 
167.29  reporting less than 25,000 pounds annually of toxic pollutants 
167.30  released per facility shall be assessed a fee of $500.  
167.31  Facilities reporting annual releases of toxic pollutants in 
167.32  excess of 25,000 pounds shall be assessed a graduated fee at the 
167.33  rate of two cents per pound of toxic pollutants reported.  
167.34     (b) Persons who generate more than 1,000 kilograms of 
167.35  hazardous waste per month but who are not subject to the fee 
167.36  under paragraph (a) must pay a pollution prevention fee of $500 
168.1   per facility.  Hazardous waste as used in this paragraph has the 
168.2   meaning given it in section 116.06, subdivision 11, and 
168.3   Minnesota Rules, chapter 7045. 
168.4      (c) Fees required under this subdivision must be paid to 
168.5   the director by January 1 of each year.  The fees shall be 
168.6   deposited in the state treasury and credited to the 
168.7   environmental fund.  
168.8      (d) The fees under this subdivision are exempt from section 
168.9   16A.1285. 
168.10     Sec. 36.  Minnesota Statutes 2002, section 116.03, 
168.11  subdivision 2, is amended to read: 
168.12     Subd. 2.  [ORGANIZATION OF OFFICE.] The commissioner shall 
168.13  organize the agency and employ such assistants and other 
168.14  officers, employees and agents as the commissioner may deem 
168.15  necessary to discharge the functions of the commissioner's 
168.16  office, define the duties of such officers, employees and 
168.17  agents, and delegate to them any of the commissioner's powers, 
168.18  duties, and responsibilities, subject to the commissioner's 
168.19  control and under such conditions as the commissioner may 
168.20  prescribe.  The commissioner may also contract with, and enter 
168.21  into grant agreements with, persons, firms, corporations, the 
168.22  federal government and any agency or instrumentality thereof, 
168.23  the water research center of the University of Minnesota or any 
168.24  other instrumentality of such university, for doing any of the 
168.25  work of the commissioner's office, and.  None of the provisions 
168.26  of chapter 16C, relating to bids, shall apply to such contracts. 
168.27     Sec. 37.  Minnesota Statutes 2002, section 116.07, 
168.28  subdivision 4d, is amended to read: 
168.29     Subd. 4d.  [PERMIT FEES.] (a) The agency may collect permit 
168.30  fees in amounts not greater than those necessary to cover the 
168.31  reasonable costs of developing, reviewing, and acting upon 
168.32  applications for agency permits and implementing and enforcing 
168.33  the conditions of the permits pursuant to agency rules.  Permit 
168.34  fees shall not include the costs of litigation.  The fee 
168.35  schedule must reflect reasonable and routine direct and indirect 
168.36  costs associated with permitting, implementation, and 
169.1   enforcement costs.  The agency may impose an additional 
169.2   enforcement fee to be collected for a period of up to two years 
169.3   to cover the reasonable costs of implementing and enforcing the 
169.4   conditions of a permit under the rules of the agency.  Any money 
169.5   collected under this paragraph shall be deposited in the 
169.6   environmental fund. 
169.7      (b) Notwithstanding paragraph (a), and section 16A.1285, 
169.8   subdivision 2, the agency shall collect an annual fee from the 
169.9   owner or operator of all stationary sources, emission 
169.10  facilities, emissions units, air contaminant treatment 
169.11  facilities, treatment facilities, potential air contaminant 
169.12  storage facilities, or storage facilities subject to the 
169.13  requirement to obtain a permit under subchapter V of the federal 
169.14  Clean Air Act, United States Code, title 42, section 7401 et 
169.15  seq., or section 116.081.  The annual fee shall be used to pay 
169.16  for all direct and indirect reasonable costs, including attorney 
169.17  general costs, required to develop and administer the permit 
169.18  program requirements of subchapter V of the federal Clean Air 
169.19  Act, United States Code, title 42, section 7401 et seq., and 
169.20  sections of this chapter and the rules adopted under this 
169.21  chapter related to air contamination and noise.  Those costs 
169.22  include the reasonable costs of reviewing and acting upon an 
169.23  application for a permit; implementing and enforcing statutes, 
169.24  rules, and the terms and conditions of a permit; emissions, 
169.25  ambient, and deposition monitoring; preparing generally 
169.26  applicable regulations; responding to federal guidance; 
169.27  modeling, analyses, and demonstrations; preparing inventories 
169.28  and tracking emissions; and providing information to the public 
169.29  about these activities. 
169.30     (c) The agency shall set fees that: 
169.31     (1) will result in the collection, in the aggregate, from 
169.32  the sources listed in paragraph (b), of an amount not less than 
169.33  $25 per ton of each volatile organic compound; pollutant 
169.34  regulated under United States Code, title 42, section 7411 or 
169.35  7412 (section 111 or 112 of the federal Clean Air Act); and each 
169.36  pollutant, except carbon monoxide, for which a national primary 
170.1   ambient air quality standard has been promulgated; 
170.2      (2) may result in the collection, in the aggregate, from 
170.3   the sources listed in paragraph (b), of an amount not less than 
170.4   $25 per ton of each pollutant not listed in clause (1) that is 
170.5   regulated under this chapter or air quality rules adopted under 
170.6   this chapter; and 
170.7      (3) shall collect, in the aggregate, from the sources 
170.8   listed in paragraph (b), the amount needed to match grant funds 
170.9   received by the state under United States Code, title 42, 
170.10  section 7405 (section 105 of the federal Clean Air Act). 
170.11  The agency must not include in the calculation of the aggregate 
170.12  amount to be collected under clauses (1) and (2) any amount in 
170.13  excess of 4,000 tons per year of each air pollutant from a 
170.14  source.  The increase in air permit fees to match federal grant 
170.15  funds shall be a surcharge on existing fees.  The commissioner 
170.16  may not collect the surcharge after the grant funds become 
170.17  unavailable.  In addition, the commissioner shall use nonfee 
170.18  funds to the extent practical to match the grant funds so that 
170.19  the fee surcharge is minimized. 
170.20     (d) To cover the reasonable costs described in paragraph 
170.21  (b), the agency shall provide in the rules promulgated under 
170.22  paragraph (c) for an increase in the fee collected in each year 
170.23  by the percentage, if any, by which the Consumer Price Index for 
170.24  the most recent calendar year ending before the beginning of the 
170.25  year the fee is collected exceeds the Consumer Price Index for 
170.26  the calendar year 1989.  For purposes of this paragraph the 
170.27  Consumer Price Index for any calendar year is the average of the 
170.28  Consumer Price Index for all-urban consumers published by the 
170.29  United States Department of Labor, as of the close of the 
170.30  12-month period ending on August 31 of each calendar year.  The 
170.31  revision of the Consumer Price Index that is most consistent 
170.32  with the Consumer Price Index for calendar year 1989 shall be 
170.33  used. 
170.34     (e) Any money collected under paragraphs (b) to (d) must be 
170.35  deposited in an air quality account in the environmental fund 
170.36  and must be used solely for the activities listed in paragraph 
171.1   (b).  
171.2      (f) Persons who wish to construct or expand a facility may 
171.3   offer to reimburse the agency for the costs of staff overtime or 
171.4   consultant services needed to expedite permit review.  The 
171.5   reimbursement shall be in addition to fees imposed by law or 
171.6   rule.  When the agency determines that it needs additional 
171.7   resources to review the permit application in an expedited 
171.8   manner, and that expediting the review would not disrupt 
171.9   permitting program priorities, the agency may accept the 
171.10  reimbursement.  Reimbursements accepted by the agency are 
171.11  appropriated to the agency for the purpose of reviewing the 
171.12  permit application.  Reimbursement by a permit applicant shall 
171.13  precede and not be contingent upon issuance of a permit and 
171.14  shall not affect the agency's decision on whether to issue or 
171.15  deny a permit, what conditions are included in a permit, or the 
171.16  application of state and federal statutes and rules governing 
171.17  permit determinations. 
171.18     (g) The fees under this subdivision are exempt from section 
171.19  16A.1285. 
171.20     Sec. 38.  Minnesota Statutes 2002, section 116.07, 
171.21  subdivision 4h, is amended to read: 
171.22     Subd. 4h.  [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 
171.23  shall adopt rules requiring the operator or owner of a solid 
171.24  waste disposal facility to submit to the agency proof of the 
171.25  operator's or owner's financial capability to provide reasonable 
171.26  and necessary response during the operating life of the facility 
171.27  and for 30 years after closure for a mixed municipal solid waste 
171.28  disposal facility or for a minimum of 20 years after closure, as 
171.29  determined by agency rules, for any other solid waste disposal 
171.30  facility, and to provide for the closure of the facility and 
171.31  postclosure care required under agency rules.  Proof of 
171.32  financial responsibility is required of the operator or owner of 
171.33  a facility receiving an original permit or a permit for 
171.34  expansion after adoption of the rules.  Within 180 days of the 
171.35  effective date of the rules or by July 1, 1987, whichever is 
171.36  later, proof of financial responsibility is required of an 
172.1   operator or owner of a facility with a remaining capacity of 
172.2   more than five years or 500,000 cubic yards that is in operation 
172.3   at the time the rules are adopted.  Compliance with the rules 
172.4   and the requirements of paragraph (b) is a condition of 
172.5   obtaining or retaining a permit to operate the facility. 
172.6      (b) A municipality, as defined in section 475.51, 
172.7   subdivision 2, including a sanitary district, that owns or 
172.8   operates a solid waste disposal facility that was in operation 
172.9   on May 15, 1989, may meet its financial responsibility for all 
172.10  or a portion of the contingency action portion of the reasonable 
172.11  and necessary response costs at the facility by pledging its 
172.12  full faith and credit to meet its responsibility. 
172.13     The pledge must be made in accordance with the requirements 
172.14  in chapter 475 for issuing bonds of the municipality, and the 
172.15  following additional requirements: 
172.16     (1) The governing body of the municipality shall enact an 
172.17  ordinance that clearly accepts responsibility for the costs of 
172.18  contingency action at the facility and that reserves, during the 
172.19  operating life of the facility and for the time period required 
172.20  in paragraph (a) after closure, a portion of the debt limit of 
172.21  the municipality, as established under section 475.53 or other 
172.22  law, that is equal to the total contingency action costs. 
172.23     (2) The municipality shall require that all collectors that 
172.24  haul to the facility implement a plan for reducing solid waste 
172.25  by using volume-based pricing, recycling incentives, or other 
172.26  means. 
172.27     (3) When a municipality opts to meet a portion of its 
172.28  financial responsibility by relying on its authority to issue 
172.29  bonds, it shall also begin setting aside in a dedicated 
172.30  long-term care trust fund money that will cover a portion of the 
172.31  potential contingency action costs at the facility, the amount 
172.32  to be determined by the agency for each facility based on at 
172.33  least the amount of waste deposited in the disposal facility 
172.34  each year, and the likelihood and potential timing of conditions 
172.35  arising at the facility that will necessitate response action.  
172.36  The agency may not require a municipality to set aside more than 
173.1   five percent of the total cost in a single year. 
173.2      (4) A municipality shall have and consistently maintain an 
173.3   investment grade bond rating as a condition of using bonding 
173.4   authority to meet financial responsibility under this section. 
173.5      (5) The municipality shall file with the commissioner of 
173.6   revenue its consent to have the amount of its contingency action 
173.7   costs deducted from state aid payments otherwise due the 
173.8   municipality and paid instead to the environmental response, 
173.9   compensation, and compliance account remediation fund created in 
173.10  section 115B.20 116.155, if the municipality fails to conduct 
173.11  the contingency action at the facility when ordered by the 
173.12  agency.  If the agency notifies the commissioner that the 
173.13  municipality has failed to conduct contingency action when 
173.14  ordered by the agency, the commissioner shall deduct the amounts 
173.15  indicated by the agency from the state aids in accordance with 
173.16  the consent filed with the commissioner. 
173.17     (6) The municipality shall file with the agency written 
173.18  proof that it has complied with the requirements of paragraph 
173.19  (b). 
173.20     (c) The method for proving financial responsibility under 
173.21  paragraph (b) may not be applied to a new solid waste disposal 
173.22  facility or to expansion of an existing facility, unless the 
173.23  expansion is a vertical expansion.  Vertical expansions of 
173.24  qualifying existing facilities cannot be permitted for a 
173.25  duration of longer than three years. 
173.26     Sec. 39.  [116.155] [REMEDIATION FUND.] 
173.27     Subdivision 1.  [CREATION.] The remediation fund is created 
173.28  as a special revenue fund in the state treasury to provide a 
173.29  reliable source of public money for response and corrective 
173.30  actions to address releases of hazardous substances, pollutants 
173.31  or contaminants, agricultural chemicals, and petroleum, and for 
173.32  environmental response actions at qualified landfill facilities 
173.33  for which the agency has assumed such responsibility, including 
173.34  perpetual care of such facilities.  The specific purposes for 
173.35  which the general portion of the fund may be spent are provided 
173.36  in subdivision 2.  In addition to the general portion of the 
174.1   fund, the fund contains two accounts described in subdivisions 4 
174.2   and 5. 
174.3      Subd. 2.  [APPROPRIATION.] (a) Money in the general portion 
174.4   of the remediation fund is appropriated to the agency and the 
174.5   commissioners of agriculture and natural resources for the 
174.6   following purposes: 
174.7      (1) to take actions related to releases of hazardous 
174.8   substances, or pollutants or contaminants as provided in section 
174.9   115B.20; 
174.10     (2) to take actions related to releases of hazardous 
174.11  substances, or pollutants or contaminants, at and from qualified 
174.12  landfill facilities as provided in section 115B.42, subdivision 
174.13  2; 
174.14     (3) to provide technical and other assistance under 
174.15  sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 
174.16  115C.03, subdivision 9; 
174.17     (4) for corrective actions to address incidents involving 
174.18  agricultural chemicals, including related administrative, 
174.19  enforcement, and cost recovery actions pursuant to chapter 18D; 
174.20  and 
174.21     (5) together with any amount approved for transfer to the 
174.22  agency from the petroleum tank fund by the commissioner of 
174.23  finance, to take actions related to releases of petroleum as 
174.24  provided under section 115C.08. 
174.25     (b) The commissioner of finance shall allocate the amounts 
174.26  available in any biennium to the agency, and the commissioners 
174.27  of agriculture and natural resources for the purposes provided 
174.28  in this subdivision based upon work plans submitted by the 
174.29  agency and the commissioners of agriculture and natural 
174.30  resources, and may adjust those allocations upon submittal of 
174.31  revised work plans.  Copies of the work plans shall be submitted 
174.32  to the chairs of the environment and environment finance 
174.33  committees of the senate and house of representatives. 
174.34     Subd. 3.  [REVENUES.] The following revenues shall be 
174.35  deposited in the general portion of the remediation fund: 
174.36     (1) response costs and natural resource damages related to 
175.1   releases of hazardous substances, or pollutants or contaminants, 
175.2   recovered under sections 115B.17, subdivisions 6 and 7, 
175.3   115B.443, 115B.444, or any other law; 
175.4      (2) money paid to the agency or the agriculture department 
175.5   by voluntary parties who have received technical or other 
175.6   assistance under sections 115B.17, subdivision 14, 115B.175 to 
175.7   115B.179, and 115C.03, subdivision 9; 
175.8      (3) money received in the form of gifts, grants, 
175.9   reimbursement, or appropriation from any source for any of the 
175.10  purposes provided in subdivision 2, except federal grants; and 
175.11     (4) interest accrued on the fund. 
175.12     Subd. 4.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
175.13  REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 
175.14  and reimbursement account is as described in sections 115B.47 to 
175.15  115B.51. 
175.16     Subd. 5.  [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 
175.17  ACCOUNT.] The metropolitan landfill contingency action trust 
175.18  account is as described in section 473.845. 
175.19     Subd. 6.  [OTHER SOURCES OF THE FUND.] The remediation fund 
175.20  shall also be supported by transfers as may be authorized by the 
175.21  legislature from time to time from the environmental fund. 
175.22     Sec. 40.  Minnesota Statutes 2002, section 116.994, is 
175.23  amended to read: 
175.24     116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 
175.25  ACCOUNT ACCOUNTING.] 
175.26     The small business environmental improvement loan account 
175.27  is established in the environmental fund.  Repayments of loans 
175.28  made under section 116.993 must be credited to this account the 
175.29  environmental fund.  This account replaces the small business 
175.30  environmental loan account in Minnesota Statutes 1996, section 
175.31  116.992, and the hazardous waste generator loan account in 
175.32  Minnesota Statutes 1996, section 115B.224.  The account balances 
175.33  and pending repayments from the small business environmental 
175.34  loan account and the hazardous waste generator account will be 
175.35  credited to this new account.  Money deposited in the account 
175.36  fund under section 116.993 is appropriated to the commissioner 
176.1   for loans under this section 116.993. 
176.2      Sec. 41.  Minnesota Statutes 2002, section 116C.834, 
176.3   subdivision 1, is amended to read: 
176.4      Subdivision 1.  [COSTS.] All costs incurred by the state to 
176.5   carry out its responsibilities under the compact and under 
176.6   sections 116C.833 to 116C.843 shall be paid by generators of 
176.7   low-level radioactive waste in this state through fees assessed 
176.8   by the pollution control agency.  Fees may be reasonably 
176.9   assessed on the basis of volume or degree of hazard of the waste 
176.10  produced by a generator.  Costs for which fees may be assessed 
176.11  include, but are not limited to:  
176.12     (1) the state contribution required to join the compact; 
176.13     (2) the expenses of the Commission member and state agency 
176.14  costs incurred to support the work of the Interstate Commission; 
176.15  and 
176.16     (3) regulatory costs. 
176.17     The fees are exempt from section 16A.1285.  
176.18     Sec. 42.  Minnesota Statutes 2002, section 297H.13, 
176.19  subdivision 1, is amended to read: 
176.20     Subdivision 1.  [DEPOSIT OF REVENUES.] The revenues derived 
176.21  from the taxes imposed on waste management services under this 
176.22  chapter, less the costs to the department of revenue for 
176.23  administering the tax under this chapter, shall be deposited by 
176.24  the commissioner of revenue in the state treasury. 
176.25     The amounts retained by the department of revenue shall be 
176.26  deposited in a separate revenue department fund which is hereby 
176.27  created.  Money in this fund is hereby appropriated, up to a 
176.28  maximum annual amount of $200,000, to the commissioner of 
176.29  revenue for the costs incurred in administration of the solid 
176.30  waste management tax under this chapter. 
176.31     Sec. 43.  Minnesota Statutes 2002, section 297H.13, 
176.32  subdivision 2, is amended to read: 
176.33     Subd. 2.  [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 
176.34  percent, whichever is greater, of the amounts remitted under 
176.35  this chapter must be credited to the solid waste environmental 
176.36  fund established in section 115B.42 16A.531, subdivision 1. 
177.1      (b) The remainder must be deposited into the general fund. 
177.2      Sec. 44.  Minnesota Statutes 2002, section 325E.10, 
177.3   subdivision 1, is amended to read: 
177.4      Subdivision 1.  [SCOPE.] For the purposes of sections 
177.5   325E.11 to 325E.113 325E.112 and this section, the terms defined 
177.6   in this section have the meanings given them. 
177.7      Sec. 45.  Minnesota Statutes 2002, section 469.175, 
177.8   subdivision 7, is amended to read: 
177.9      Subd. 7.  [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 
177.10  RESPONSE ACTIONS.] (a) An authority which is creating or has 
177.11  created a tax increment financing district may establish within 
177.12  the district a hazardous substance subdistrict upon the notice 
177.13  and after the discussion, public hearing, and findings required 
177.14  for approval of or modification to the original plan.  The 
177.15  geographic area of the subdistrict is made up of any parcels in 
177.16  the district designated for inclusion by the municipality or 
177.17  authority that are designated hazardous substance sites, and any 
177.18  additional parcels in the district designated for inclusion that 
177.19  are contiguous to the hazardous substance sites, including 
177.20  parcels that are contiguous to the site except for the 
177.21  interposition of a right-of-way.  Before or at the time of 
177.22  approval of the tax increment financing plan or plan 
177.23  modification providing for the creation of the hazardous 
177.24  substance subdistrict, the authority must make the findings 
177.25  under paragraphs (b) to (d), and set forth in writing the 
177.26  reasons and supporting facts for each. 
177.27     (b) Development or redevelopment of the site, in the 
177.28  opinion of the authority, would not reasonably be expected to 
177.29  occur solely through private investment and tax increment 
177.30  otherwise available, and therefore the hazardous substance 
177.31  district is deemed necessary. 
177.32     (c) Other parcels that are not designated hazardous 
177.33  substance sites are expected to be developed together with a 
177.34  designated hazardous substance site.  
177.35     (d) The subdistrict is not larger than, and the period of 
177.36  time during which increments are elected to be received is not 
178.1   longer than, that which is necessary in the opinion of the 
178.2   authority to provide for the additional costs due to the 
178.3   designated hazardous substance site. 
178.4      (e) Upon request by an authority that has incurred expenses 
178.5   for removal or remedial actions to implement a development 
178.6   response action plan, the attorney general may: 
178.7      (1) bring a civil action on behalf of the authority to 
178.8   recover the expenses, including administrative costs and 
178.9   litigation expenses, under section 115B.04 or other law; or 
178.10     (2) assist the authority in bringing an action as described 
178.11  in clause (1), by providing legal and technical advice, 
178.12  intervening in the action, or other appropriate assistance. 
178.13  The decision to participate in any action to recover expenses is 
178.14  at the discretion of the attorney general. 
178.15     (f) If the attorney general brings an action as provided in 
178.16  paragraph (e), clause (1), the authority shall certify its 
178.17  reasonable and necessary expenses incurred to implement the 
178.18  development response action plan and shall cooperate with the 
178.19  attorney general as required to effectively pursue the action.  
178.20  The certification by the authority is prima facie evidence that 
178.21  the expenses are reasonable and necessary.  The attorney general 
178.22  may deduct litigation expenses incurred by the attorney general 
178.23  from any amounts recovered in an action brought under paragraph 
178.24  (e), clause (1).  The authority shall reimburse the attorney 
178.25  general for litigation expenses not recovered in an action under 
178.26  paragraph (e), clause (1), but only from the additional tax 
178.27  increment required to be used as described in section 469.176, 
178.28  subdivision 4e.  The authority must reimburse the attorney 
178.29  general for litigation expenses incurred to assist in bringing 
178.30  an action under paragraph (e), clause (2), but only from amounts 
178.31  recovered by the authority in an action or, if the amounts are 
178.32  insufficient, from the additional tax increment required to be 
178.33  used as described in section 469.176, subdivision 4e.  All money 
178.34  recovered or paid to the attorney general for litigation 
178.35  expenses under this paragraph shall be paid to the general fund 
178.36  of the state for deposit to the account of the attorney 
179.1   general.  For the purposes of this section, "litigation 
179.2   expenses" means attorney fees and costs of discovery and other 
179.3   preparation for litigation. 
179.4      (g) The authority shall reimburse the pollution control 
179.5   agency for its administrative expenses incurred to review and 
179.6   approve a development action response plan.  The authority must 
179.7   reimburse the pollution control agency for expenses incurred for 
179.8   any services rendered to the attorney general to support the 
179.9   attorney general in actions brought or assistance provided under 
179.10  paragraph (e), but only from amounts recovered by the authority 
179.11  in an action brought under paragraph (e) or from the additional 
179.12  tax increment required to be used as described in section 
179.13  469.176, subdivision 4e.  All money paid to the pollution 
179.14  control agency under this paragraph shall be deposited in the 
179.15  environmental response, compensation and compliance remediation 
179.16  fund. 
179.17     (h) Actions taken by an authority consistent with a 
179.18  development response action plan are deemed to be authorized 
179.19  response actions for the purpose of section 115B.17, subdivision 
179.20  12.  An authority that takes actions consistent with a 
179.21  development response action plan qualifies for the defenses 
179.22  available under sections 115B.04, subdivision 11, and 115B.05, 
179.23  subdivision 9. 
179.24     (i) All money recovered by an authority in an action 
179.25  brought under paragraph (e) in excess of the amounts paid to the 
179.26  attorney general and the pollution control agency must be 
179.27  treated as excess increments and be distributed as provided in 
179.28  section 469.176, subdivision 2, clause (4), to the extent the 
179.29  removal and remedial actions were initially financed with 
179.30  increment revenues. 
179.31     Sec. 46.  Minnesota Statutes 2002, section 473.843, 
179.32  subdivision 2, is amended to read: 
179.33     Subd. 2.  [DISPOSITION OF PROCEEDS.] After reimbursement to 
179.34  the department of revenue for costs incurred in administering 
179.35  this section, The proceeds of the fees imposed under this 
179.36  section, including interest and penalties, must be deposited as 
180.1   follows:  
180.2      (1) three-fourths of the proceeds must be deposited in the 
180.3   environmental fund for metropolitan landfill abatement account 
180.4   established for the purposes described in section 473.844; and 
180.5      (2) one-fourth of the proceeds must be deposited in the 
180.6   metropolitan landfill contingency action trust account in the 
180.7   remediation fund established in section sections 116.155 and 
180.8   473.845. 
180.9      Sec. 47.  Minnesota Statutes 2002, section 473.844, 
180.10  subdivision 1, is amended to read: 
180.11     Subdivision 1.  [ESTABLISHMENT; PURPOSES.] The metropolitan 
180.12  landfill abatement account is money in the environmental fund in 
180.13  order for landfill abatement must be used to reduce to the 
180.14  greatest extent feasible and prudent the need for and practice 
180.15  of land disposal of mixed municipal solid waste in the 
180.16  metropolitan area.  The account This money consists of revenue 
180.17  deposited in the account environmental fund under section 
180.18  473.843, subdivision 2, clause (1), and interest earned on 
180.19  investment of this money in the account.  All repayments to 
180.20  loans made under this section must be credited to the 
180.21  account environmental fund.  The landfill abatement money in the 
180.22  account environmental fund may be spent only for purposes of 
180.23  metropolitan landfill abatement as provided in subdivision 1a 
180.24  and only upon appropriation by the legislature. 
180.25     Sec. 48.  Minnesota Statutes 2002, section 473.845, 
180.26  subdivision 1, is amended to read: 
180.27     Subdivision 1.  [ESTABLISHMENT.] The metropolitan landfill 
180.28  contingency action trust fund account is an expendable trust 
180.29  fund account in the state treasury remediation fund.  The fund 
180.30  account consists of revenue deposited in the fund under section 
180.31  473.843, subdivision 2, clause (2); amounts recovered under 
180.32  subdivision 7; and interest earned on investment of money in the 
180.33  fund.  
180.34     Sec. 49.  Minnesota Statutes 2002, section 473.845, 
180.35  subdivision 3, is amended to read: 
180.36     Subd. 3.  [EXPENDITURES FROM THE FUND CONTINGENCY ACTIONS 
181.1   AND REIMBURSEMENT.] Money in the fund account is appropriated to 
181.2   the agency for expenditure for any of the following: 
181.3      (1) to take reasonable and necessary expenses actions for 
181.4   closure and postclosure care of a mixed municipal solid waste 
181.5   disposal facility in the metropolitan area for a 30-year period 
181.6   after closure, if the agency determines that the operator or 
181.7   owner will not take the necessary actions requested by the 
181.8   agency for closure and postclosure in the manner and within the 
181.9   time requested; 
181.10     (2) to take reasonable and necessary response actions and 
181.11  postclosure costs care actions at a mixed municipal solid waste 
181.12  disposal facility in the metropolitan area that has been closed 
181.13  for 30 years in compliance with the closure and postclosure 
181.14  rules of the agency; 
181.15     (3) reimbursement to reimburse a local government unit for 
181.16  costs incurred over $400,000 under a work plan approved by the 
181.17  commissioner of the agency to remediate methane at a closed 
181.18  disposal facility owned by the local government unit; or 
181.19     (4) reasonable and necessary response costs at an 
181.20  unpermitted facility for mixed municipal solid waste disposal in 
181.21  the metropolitan area that was permitted by the agency for 
181.22  disposal of sludge ash from a wastewater treatment facility. 
181.23     Sec. 50.  Minnesota Statutes 2002, section 473.845, 
181.24  subdivision 7, is amended to read: 
181.25     Subd. 7.  [RECOVERY OF EXPENSES.] When the agency incurs 
181.26  expenses for response actions at a facility, the agency is 
181.27  subrogated to any right of action which the operator or owner of 
181.28  the facility may have against any other person for the recovery 
181.29  of the expenses.  The attorney general may bring an action to 
181.30  recover amounts spent by the agency under this section from 
181.31  persons who may be liable for them.  Amounts recovered, 
181.32  including money paid under any agreement, stipulation, or 
181.33  settlement must be deposited in the metropolitan landfill 
181.34  contingency action account in the remediation fund created under 
181.35  section 116.155.  
181.36     Sec. 51.  Minnesota Statutes 2002, section 473.845, 
182.1   subdivision 8, is amended to read: 
182.2      Subd. 8.  [CIVIL PENALTIES.] The civil penalties of 
182.3   sections 115.071 and 116.072 apply to any person in violation of 
182.4   this section.  All money recovered by the state under any 
182.5   statute or rule related to the regulation of solid waste in the 
182.6   metropolitan area, including civil penalties and money paid 
182.7   under any agreement, stipulation, or settlement, shall be 
182.8   deposited in the fund.  
182.9      Sec. 52.  Minnesota Statutes 2002, section 473.846, is 
182.10  amended to read: 
182.11     473.846 [REPORT TO LEGISLATURE.] 
182.12     The agency and the director shall submit to the senate 
182.13  finance committee, the house ways and means committee, and the 
182.14  environment and natural resources committees of the senate and 
182.15  house of representatives, the finance division of the senate 
182.16  committee on environment and natural resources, and the house of 
182.17  representatives committee on environment and natural resources 
182.18  finance separate reports describing the activities for which 
182.19  money from the for landfill abatement account and contingency 
182.20  action trust fund has been spent under sections 473.844 and 
182.21  473.845.  The agency shall report by November 1 of each year on 
182.22  expenditures during its previous fiscal year.  The director 
182.23  shall report on expenditures during the previous calendar year 
182.24  and must incorporate its report in the report required by 
182.25  section 115A.411, due July 1 of each odd-numbered year.  The 
182.26  director shall make recommendations to the environment and 
182.27  natural resources committees of the senate and house of 
182.28  representatives, the finance division of the senate committee on 
182.29  environment and natural resources, and the house of 
182.30  representatives committee on environment and natural resources 
182.31  finance on the future management and use of the metropolitan 
182.32  landfill abatement account. 
182.33     Sec. 53.  [INCREASE TO WATER QUALITY PERMIT FEES.] 
182.34     (a) The pollution control agency shall collect water 
182.35  quality permit fees that reflect the fees in Minnesota Rules, 
182.36  part 7002.0310, and Laws 2002, chapter 374, article 6, section 
183.1   8, with the application fee in paragraph (b) increased from $240 
183.2   to $350. 
183.3      (b) The increased permit fee is effective July 1, 2003.  
183.4   The agency shall adopt amended water quality permit fee rules 
183.5   incorporating the permit fee increase in paragraph (a) under 
183.6   Minnesota Statutes, section 14.389.  The pollution control 
183.7   agency shall begin collecting the increased permit fee on July 
183.8   1, 2003, even if the rule adoption process has not been 
183.9   initiated or completed.  Notwithstanding Minnesota Statutes, 
183.10  section 14.18, subdivision 2, the increased permit fee 
183.11  reflecting the permit fee increase in paragraph (a) and the rule 
183.12  amendments incorporating that permit fee increase do not require 
183.13  further legislative approval. 
183.14     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
183.15  following final enactment. 
183.16     Sec. 54.  [INCREASE TO HAZARDOUS WASTE FEES.] 
183.17     (a) The pollution control agency shall collect hazardous 
183.18  waste fees that reflect the fee formula in Minnesota Rules, part 
183.19  7046.0060, increased by an addition of $2,000,000 to the 
183.20  adjusted fiscal year target described in Step 2 of Minnesota 
183.21  Rules, part 7046.0060. 
183.22     (b) The increased fees are effective January 1, 2004.  The 
183.23  agency shall adopt an amended hazardous waste fee formula 
183.24  incorporating the increase in paragraph (a) under Minnesota 
183.25  Statutes, section 14.389.  The pollution control agency shall 
183.26  begin collecting the increased permit fees on January 1, 2004, 
183.27  even if the rule adoption process has not been initiated or 
183.28  completed.  Notwithstanding Minnesota Statutes, section 14.18, 
183.29  subdivision 2, the increased fees reflecting the fee increases 
183.30  in paragraph (a) and the rule amendments incorporating those 
183.31  permit fee increases do not require further legislative approval.
183.32     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
183.33  following final enactment. 
183.34     Sec. 55.  [TRANSFER OF FUND BALANCES.] 
183.35     Subdivision 1.  [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 
183.36  COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 
184.1   response, compensation, and compliance account are transferred 
184.2   to the remediation fund created under Minnesota Statutes, 
184.3   section 116.155. 
184.4      Subd. 2.  [SOLID WASTE FUND.] $22,641,000 of the balance of 
184.5   the solid waste fund is transferred to the environmental fund 
184.6   created in Minnesota Statutes, section 16A.531, subdivision 1.  
184.7   Any remaining balance in the solid waste fund is transferred to 
184.8   the remediation fund created under Minnesota Statutes, section 
184.9   116.155. 
184.10     Subd. 3.  [DRY CLEANER ENVIRONMENTAL RESPONSE AND 
184.11  REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 
184.12  environmental response and reimbursement account are transferred 
184.13  to the dry cleaner environmental response and reimbursement 
184.14  account in the remediation fund created under Minnesota 
184.15  Statutes, sections 115B.49 and 116.155. 
184.16     Subd. 4.  [METROPOLITAN LANDFILL CONTINGENCY ACTION 
184.17  FUND.] All amounts remaining in the metropolitan landfill 
184.18  contingency action fund are transferred to the metropolitan 
184.19  landfill contingency action trust account in the remediation 
184.20  fund created under Minnesota Statutes, sections 116.155 and 
184.21  473.845. 
184.22     Sec. 56.  [REPEALER.] 
184.23     Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 
184.24  115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, 
184.25  subdivision 3; 325E.113; and 473.845, subdivision 4, are 
184.26  repealed. 
184.27                             ARTICLE 3 
184.28                 AGRICULTURE AND RURAL DEVELOPMENT 
184.29  Section 1.  [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 
184.30     The sums shown in the columns marked "APPROPRIATIONS" are 
184.31  appropriated from the general fund, or another named fund, to 
184.32  the agencies and for the purposes specified in this act, to be 
184.33  available for the fiscal years indicated for each purpose.  The 
184.34  figures "2004" and "2005," where used in this act, mean that the 
184.35  appropriation or appropriations listed under them are available 
184.36  for the year ending June 30, 2004, or June 30, 2005, 
185.1   respectively.  The term "the first year" means the year ending 
185.2   June 30, 2004, and the term "the second year" means the year 
185.3   ending June 30, 2005. 
185.4                           SUMMARY BY FUND
185.5                             2004          2005           TOTAL
185.6   General            $   46,231,000 $   44,597,000 $   90,828,000
185.7   Remediation               353,000        353,000        706,000
185.8   Agricultural              200,000        200,000        400,000
185.9   TOTAL              $   46,784,000 $   45,150,000 $   91,934,000
185.10                                             APPROPRIATIONS 
185.11                                         Available for the Year 
185.12                                             Ending June 30 
185.13                                            2004         2005 
185.14  Sec. 2.  DEPARTMENT OF AGRICULTURE
185.15  Subdivision 1.  Total  
185.16  Appropriation                         42,181,000     40,547,000 
185.17                Summary by Fund
185.18  General              41,828,000    40,194,000
185.19  Remediation             353,000       353,000
185.20  The amounts that may be spent from this 
185.21  appropriation for each program are 
185.22  specified in the following subdivision. 
185.23  Subd. 2.  Protection Services
185.24       9,138,000      9,138,000 
185.25                Summary by Fund
185.26  General               8,785,000     8,785,000
185.27  Remediation             353,000       353,000
185.28  $353,000 the first year and $353,000 
185.29  the second year are from the 
185.30  remediation fund for administrative 
185.31  funding for the voluntary cleanup 
185.32  program. 
185.33  Subd. 3.  Agricultural Marketing
185.34  and Development
185.35       5,256,000      5,256,000 
185.36  $71,000 the first year and $71,000 the 
185.37  second year are for transfer to the 
185.38  Minnesota grown matching account and 
185.39  may be used as grants for Minnesota 
185.40  grown promotion under Minnesota 
185.41  Statutes, section 17.109.  Grants may 
185.42  be made for one year.  Notwithstanding 
185.43  Minnesota Statutes, section 16A.28, the 
185.44  appropriations encumbered under 
185.45  contract on or before June 30, 2005, 
185.46  for Minnesota grown grants in this 
185.47  subdivision are available until June 
186.1   30, 2007. 
186.2   $80,000 the first year and $80,000 the 
186.3   second year are for grants to farmers 
186.4   for demonstration projects involving 
186.5   sustainable agriculture as authorized 
186.6   in Minnesota Statutes, section 17.116.  
186.7   Of the amount for grants, up to $20,000 
186.8   may be used for dissemination of 
186.9   information about the demonstration 
186.10  projects.  Notwithstanding Minnesota 
186.11  Statutes, section 16A.28, the 
186.12  appropriations encumbered under 
186.13  contract on or before June 30, 2005, 
186.14  for sustainable agriculture grants in 
186.15  this subdivision are available until 
186.16  June 30, 2007. 
186.17  The commissioner shall continue the Ag 
186.18  in the Classroom program until the 
186.19  program is transferred to a new entity. 
186.20  The commissioner and the Minnesota Ag 
186.21  in the Classroom board of directors, in 
186.22  consultation with farm groups and 
186.23  individuals and organizations in the 
186.24  education community, shall identify an 
186.25  appropriate entity in the private 
186.26  sector or the public sector to sponsor, 
186.27  house, and carry on the staffing and 
186.28  function of the Ag in the Classroom 
186.29  program.  Once an entity is identified 
186.30  and arrangements for the transfer 
186.31  finalized, the commissioner may release 
186.32  educational and program materials to 
186.33  the new entity.  
186.34  The commissioner may reduce 
186.35  appropriations for the administration 
186.36  of activities in this subdivision by up 
186.37  to $135,000 each year and transfer the 
186.38  amounts reduced to activities under 
186.39  subdivision 5. 
186.40  Subd. 4.  Value-Added Agricultural Products
186.41      22,962,000     21,428,000 
186.42  $22,962,000 the first year and 
186.43  $21,428,000 the second year are for 
186.44  ethanol producer payments under 
186.45  Minnesota Statutes, section 41A.09.  
186.46  Payments for eligible ethanol 
186.47  production in fiscal years 2004 and 
186.48  2005 shall be disbursed at the rate of 
186.49  $0.13 per gallon, and the base 
186.50  appropriation amounts for scheduled 
186.51  payments in fiscal years 2006 and 2007 
186.52  must be calculated as the projected 
186.53  eligible production in those years 
186.54  times a payment rate of $0.13 per 
186.55  gallon.  If the total amount for which 
186.56  all producers are eligible in a quarter 
186.57  exceeds the amount available for 
186.58  payments, the commissioner shall make 
186.59  payments on a pro rata basis.  If the 
186.60  appropriation exceeds the total amount 
186.61  for which all producers are eligible in 
186.62  a fiscal year for scheduled payments 
186.63  and for deficiencies in payments during 
186.64  previous fiscal years, the balance in 
186.65  the appropriation is available to the 
187.1   commissioner for value-added 
187.2   agricultural programs including the 
187.3   value-added agricultural product 
187.4   processing and marketing grant program 
187.5   under Minnesota Statutes, section 
187.6   17.101, subdivision 5.  The 
187.7   appropriation remains available until 
187.8   spent. 
187.9   Subd. 5.  Administration and
187.10  Financial Assistance   
187.11       4,825,000      4,725,000 
187.12  $1,005,000 the first year and 
187.13  $1,005,000 the second year are for 
187.14  continuation of the dairy development 
187.15  and profitability enhancement and dairy 
187.16  business planning grant programs 
187.17  established under Laws 1997, chapter 
187.18  216, section 7, subdivision 2 and Laws 
187.19  2001, First Special Session chapter 2, 
187.20  section 9, subdivision 2.  The 
187.21  commissioner may allocate the available 
187.22  sums among permissible activities, 
187.23  including efforts to improve the 
187.24  quality of milk produced in the state, 
187.25  in the proportions which the 
187.26  commissioner deems most beneficial to 
187.27  Minnesota's dairy farmers.  The 
187.28  commissioner must submit a work plan 
187.29  detailing plans for expenditures under 
187.30  this program to the chairs of the house 
187.31  and senate committees dealing with 
187.32  agricultural policy and budget on or 
187.33  before the start of each fiscal year.  
187.34  If significant changes are made to the 
187.35  plans in the course of the year, the 
187.36  commissioner must notify the chairs. 
187.37  $50,000 the first year and $50,000 the 
187.38  second year are for the Northern Crops 
187.39  Institute.  These appropriations may be 
187.40  spent to purchase equipment. 
187.41  $19,000 the first year and $19,000 the 
187.42  second year are for a grant to the 
187.43  Minnesota livestock breeders 
187.44  association. 
187.45  $2,000 the first year and $1,000 the 
187.46  second year are for family farm 
187.47  security interest payment adjustments.  
187.48  If the appropriation for either year is 
187.49  insufficient, the appropriation for the 
187.50  other year is available for it.  No new 
187.51  loans may be approved in fiscal year 
187.52  2004 or 2005. 
187.53  $100,000 is for predesign and design of 
187.54  the agriculture and food sciences 
187.55  academy.  The commissioner shall 
187.56  consult with the Minnesota Agriculture 
187.57  Education Leadership Council on the 
187.58  predesign and design of the Agriculture 
187.59  and Food Sciences Academy. 
187.60  Beginning in fiscal year 2004, all aid 
187.61  payments to county and district 
187.62  agricultural societies and associations 
187.63  under Minnesota Statutes, section 
188.1   38.02, subdivision 1, shall be 
188.2   disbursed not later than July 15.  
188.3   These payments are the amount of aid 
188.4   owed by the state for an annual fair 
188.5   held in the previous calendar year. 
188.6   Sec. 3.  BOARD OF ANIMAL  
188.7   HEALTH                                 2,803,000      2,803,000 
188.8   $200,000 the first year and $200,000 
188.9   the second year are for a program to 
188.10  control paratuberculosis ("Johne's 
188.11  disease") in domestic bovine herds.  
188.12  Money from this appropriation may be 
188.13  used to validate a molecular diagnostic 
188.14  test in cooperation with the Minnesota 
188.15  veterinary diagnostic laboratory. 
188.16  $80,000 the first year and $80,000 the 
188.17  second year are for a program to 
188.18  investigate the avian pneumovirus 
188.19  disease and to identify the infected 
188.20  flocks.  This appropriation must be 
188.21  matched on a dollar-for-dollar or 
188.22  in-kind basis with nonstate sources and 
188.23  is in addition to money currently 
188.24  designated for turkey disease 
188.25  research.  Costs of blood sample 
188.26  collection, handling, and 
188.27  transportation, in addition to costs 
188.28  associated with early diagnosis tests 
188.29  and the expenses of vaccine research 
188.30  trials, may be credited to the match. 
188.31  $400,000 the first year and $400,000 
188.32  the second year are for the purposes of 
188.33  cervidae inspection as authorized in 
188.34  Minnesota Statutes, section 17.452. 
188.35  Sec. 4.  AGRICULTURAL UTILIZATION
188.36  RESEARCH INSTITUTE                     1,800,000      1,800,000
188.37                Summary by Fund
188.38  General               1,600,000     1,600,000
188.39  Agricultural            200,000       200,000 
188.40  The board shall allocate at least 50 
188.41  percent of the pesticide reduction 
188.42  options appropriation to field crop 
188.43  research. 
188.44     Sec. 5.  Minnesota Statutes 2002, section 17.451, is 
188.45  amended to read: 
188.46     17.451 [DEFINITIONS.] 
188.47     Subdivision 1.  [APPLICABILITY.] The definitions in this 
188.48  section apply to this section and section 17.452. 
188.49     Subd. 1a.  [CERVIDAE.] "Cervidae" means animals that are 
188.50  members of the family Cervidae and includes, but is not limited 
188.51  to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 
188.52  reindeer, and muntjac. 
189.1      Subd. 2.  [FARMED CERVIDAE.] "Farmed cervidae" means 
189.2   members of the Cervidae family that are: 
189.3      (1) raised for the any purpose of producing fiber, meat, or 
189.4   animal by-products, as pets, or as breeding stock; and 
189.5      (2) registered in a manner approved by the board of animal 
189.6   health.  
189.7      Subd. 3.  [OWNER.] "Owner" means a person who owns or is 
189.8   responsible for the raising of farmed cervidae. 
189.9      Subd. 4.  [HERD.] "Herd" means: 
189.10     (1) all cervidae maintained on common ground for any 
189.11  purpose; or 
189.12     (2) all cervidae under common ownership or supervision, 
189.13  geographically separated, but that have an interchange or 
189.14  movement of animals without regard to whether the animals are 
189.15  infected with or exposed to diseases. 
189.16     Sec. 6.  Minnesota Statutes 2002, section 17.452, 
189.17  subdivision 8, is amended to read: 
189.18     Subd. 8.  [SLAUGHTER.] Farmed cervidae must be slaughtered 
189.19  and inspected in accordance with chapters 31 and 31A or the 
189.20  United States Department of Agriculture voluntary program for 
189.21  exotic animals, Code of Federal Regulations, title 9, part 352. 
189.22     Sec. 7.  Minnesota Statutes 2002, section 17.452, 
189.23  subdivision 10, is amended to read: 
189.24     Subd. 10.  [FENCING.] (a) Farmed cervidae must be confined 
189.25  in a manner designed to prevent escape.  Fencing must meet the 
189.26  requirements in this subdivision unless an alternative is 
189.27  specifically approved by the commissioner.  The board of animal 
189.28  health shall follow the guidelines established by the United 
189.29  States Department of Agriculture in the program for eradication 
189.30  of bovine tuberculosis.  Perimeter fencing must be of the 
189.31  following heights: 
189.32     (1) for fences constructed before August 1, 1995, for 
189.33  farmed deer, at least 75 inches; 
189.34     (2) for fences constructed before August 1, 1995, for 
189.35  farmed elk, at least 90 inches; and 
189.36     (3) for fences constructed on or after August 1, 1995, for 
190.1   all farmed cervidae, at least 96 inches. 
190.2      (b) The farmed cervidae advisory committee shall establish 
190.3   guidelines designed to prevent the escape of farmed cervidae and 
190.4   other appropriate management practices.  All perimeter fences 
190.5   for farmed cervidae must be at least 96 inches in height and be 
190.6   constructed and maintained in a way that prevents the escape of 
190.7   farmed cervidae or entry into the premises by free-roaming 
190.8   cervidae. 
190.9      (c) The commissioner of agriculture in consultation with 
190.10  the commissioner of natural resources shall adopt rules 
190.11  prescribing fencing criteria for farmed cervidae. 
190.12     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
190.13     Sec. 8.  Minnesota Statutes 2002, section 17.452, 
190.14  subdivision 11, is amended to read: 
190.15     Subd. 11.  [DISEASE INSPECTION CONTROL PROGRAMS.] Farmed 
190.16  cervidae herds are subject to chapter 35 and the rules of the 
190.17  board of animal health in the same manner as livestock and 
190.18  domestic animals, including provisions relating to importation 
190.19  and transportation. 
190.20     Sec. 9.  Minnesota Statutes 2002, section 17.452, 
190.21  subdivision 12, is amended to read: 
190.22     Subd. 12.  [IDENTIFICATION.] (a) Farmed cervidae must be 
190.23  identified by United States Department of Agriculture metal ear 
190.24  tags, electronic implants, or other means of identification 
190.25  approved by the board of animal health in consultation with the 
190.26  commissioner of natural resources.  Beginning January 1, 2004, 
190.27  the identification must be visible to the naked eye during 
190.28  daylight under normal conditions at a distance of 50 yards.  
190.29  Newborn or imported animals are required to must be identified 
190.30  by March 1 of each year before December 31 of the year in which 
190.31  the animal is born or before movement from the premises, 
190.32  whichever occurs first.  The board shall authorize discrete 
190.33  permanent identification for farmed cervidae in public displays 
190.34  or other forums where visible identification is objectionable. 
190.35     (b) Identification of farmed cervidae is subject to 
190.36  sections 35.821 to 35.831. 
191.1      (c) The board of animal health shall register farmed 
191.2   cervidae upon request of the owner.  The owner must submit the 
191.3   registration request on forms provided by the board.  The forms 
191.4   must include sales receipts or other documentation of the origin 
191.5   of the cervidae.  The board shall provide copies of the 
191.6   registration information to the commissioner of natural 
191.7   resources upon request.  The owner must keep written records of 
191.8   the acquisition and disposition of registered farmed cervidae. 
191.9      Sec. 10.  Minnesota Statutes 2002, section 17.452, 
191.10  subdivision 13, is amended to read: 
191.11     Subd. 13.  [INSPECTION.] The commissioner of agriculture 
191.12  and the board of animal health may inspect farmed cervidae, 
191.13  farmed cervidae facilities, and farmed cervidae records.  For 
191.14  each herd, the owner or owners must, on or before January 1, pay 
191.15  an annual inspection fee equal to $10 for each cervid in the 
191.16  herd as reflected in the most recent inventory submitted to the 
191.17  board of animal health up to a maximum fee of $100.  The 
191.18  commissioner of natural resources may inspect farmed cervidae, 
191.19  farmed cervidae facilities, and farmed cervidae records with 
191.20  reasonable suspicion that laws protecting native wild animals 
191.21  have been violated. and must notify the owner must be notified 
191.22  in writing at the time of the inspection of the reason for the 
191.23  inspection and informed must inform the owner in writing after 
191.24  the inspection of whether (1) the cause of the inspection was 
191.25  unfounded; or (2) there will be an ongoing investigation or 
191.26  continuing evaluation. 
191.27     Sec. 11.  Minnesota Statutes 2002, section 17.452, is 
191.28  amended by adding a subdivision to read: 
191.29     Subd. 13a.  [CERVIDAE INSPECTION ACCOUNT.] A cervidae 
191.30  inspection account is established in the state treasury.  The 
191.31  fees collected under subdivision 13 and interest attributable to 
191.32  money in the account must be deposited in the state treasury and 
191.33  credited to the cervidae inspection account in the special 
191.34  revenue fund.  Money in the account, including interest earned, 
191.35  is appropriated to the board of animal health for the 
191.36  administration and enforcement of this section. 
192.1      Sec. 12.  Minnesota Statutes 2002, section 17.452, is 
192.2   amended by adding a subdivision to read: 
192.3      Subd. 15.  [MANDATORY REGISTRATION.] A person may not 
192.4   possess live cervidae in Minnesota unless the person is 
192.5   registered with the board of animal health and meets all the 
192.6   requirements for farmed cervidae under this section.  Cervidae 
192.7   possessed in violation of this subdivision may be seized and 
192.8   destroyed by the commissioner of natural resources. 
192.9      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
192.10     Sec. 13.  Minnesota Statutes 2002, section 17.452, is 
192.11  amended by adding a subdivision to read: 
192.12     Subd. 16.  [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 
192.13  DISEASE.] (a) An inventory for each farmed cervidae herd must be 
192.14  verified by an accredited veterinarian and filed with the board 
192.15  of animal health every 12 months. 
192.16     (b) Movement of farmed cervidae from any premises to 
192.17  another location must be reported to the board of animal health 
192.18  within 14 days of such movement on forms approved by the board 
192.19  of animal health. 
192.20     (c) All animals from farmed cervidae herds that are over 16 
192.21  months of age that die or are slaughtered must be tested for 
192.22  chronic wasting disease. 
192.23     <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
192.24     Sec. 14.  Minnesota Statutes 2002, section 18.78, is 
192.25  amended to read: 
192.26     18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 
192.27     Subdivision 1.  [GENERALLY.] Except as provided in section 
192.28  18.85, A person owning land, a person occupying land, or a 
192.29  person responsible for the maintenance of public land shall 
192.30  control or eradicate all noxious weeds on the land at a time and 
192.31  in a manner ordered by the commissioner, the county agricultural 
192.32  inspector, or a local weed inspector. 
192.33     Subd. 2.  [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 
192.34  nonfederal lands underlying public waters or wetlands designated 
192.35  under section 103G.201 is not required to control or eradicate 
192.36  purple loosestrife below the ordinary high water level of the 
193.1   public water or wetland.  The commissioner of natural resources 
193.2   is responsible for control and eradication of purple loosestrife 
193.3   on public waters and wetlands designated under section 103G.201, 
193.4   except those located upon lands owned in fee title or managed by 
193.5   the United States.  The officers, employees, agents, and 
193.6   contractors of the commissioner of natural resources may enter 
193.7   upon public waters and wetlands designated under section 
193.8   103G.201 and, after providing notification to the occupant or 
193.9   owner of the land, may cross adjacent lands as necessary for the 
193.10  purpose of investigating purple loosestrife infestations, 
193.11  formulating methods of eradication, and implementing control and 
193.12  eradication of purple loosestrife.  The commissioner, after 
193.13  consultation with the commissioner of agriculture, of natural 
193.14  resources shall, by June 1 of each year, compile a priority list 
193.15  of purple loosestrife infestations to be controlled in 
193.16  designated public waters.  The commissioner of agriculture 
193.17  natural resources must distribute the list to county 
193.18  agricultural inspectors, local weed inspectors, and their 
193.19  appointed agents.  The commissioner of natural resources shall 
193.20  control listed purple loosestrife infestations in priority order 
193.21  within the limits of appropriations provided for that purpose.  
193.22  This procedure shall be the exclusive means for control of 
193.23  purple loosestrife on designated public waters by the 
193.24  commissioner of natural resources and shall supersede the other 
193.25  provisions for control of noxious weeds set forth elsewhere in 
193.26  this chapter.  The responsibility of the commissioner of natural 
193.27  resources to control and eradicate purple loosestrife on public 
193.28  waters and wetlands located on private lands and the authority 
193.29  to enter upon private lands ends ten days after receipt by the 
193.30  commissioner of a written statement from the landowner that the 
193.31  landowner assumes all responsibility for control and eradication 
193.32  of purple loosestrife under sections 18.78 to 18.88.  State 
193.33  officers, employees, agents, and contractors of the commissioner 
193.34  of natural resources are not liable in a civil action for 
193.35  trespass committed in the discharge of their duties under this 
193.36  section and are not liable to anyone for damages, except for 
194.1   damages arising from gross negligence. 
194.2      Sec. 15.  Minnesota Statutes 2002, section 18.79, 
194.3   subdivision 2, is amended to read: 
194.4      Subd. 2.  [AUTHORIZED AGENTS.] The commissioner shall 
194.5   authorize department of agriculture personnel and may authorize, 
194.6   in writing, County agricultural inspectors to act as agents in 
194.7   the administration and enforcement of may administer and enforce 
194.8   sections 18.76 to 18.88.  
194.9      Sec. 16.  Minnesota Statutes 2002, section 18.79, 
194.10  subdivision 3, is amended to read: 
194.11     Subd. 3.  [ENTRY UPON LAND.] To administer and enforce 
194.12  sections 18.76 to 18.88, the commissioner, authorized agents of 
194.13  the commissioner, county agricultural inspectors, and local weed 
194.14  inspectors may enter upon land without consent of the owner and 
194.15  without being subject to an action for trespass or any damages.  
194.16     Sec. 17.  Minnesota Statutes 2002, section 18.79, 
194.17  subdivision 5, is amended to read: 
194.18     Subd. 5.  [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 
194.19  WEEDS.] The commissioner, A county agricultural inspector, or a 
194.20  local weed inspector may order the control or eradication of 
194.21  noxious weeds on any land within the state.  
194.22     Sec. 18.  Minnesota Statutes 2002, section 18.79, 
194.23  subdivision 6, is amended to read: 
194.24     Subd. 6.  [EDUCATIONAL PROGRAMS INITIAL TRAINING FOR 
194.25  CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall 
194.26  conduct education programs initial training considered necessary 
194.27  for weed inspectors in the enforcement of the Noxious Weed Law.  
194.28  The director of the Minnesota extension service may conduct 
194.29  educational programs for the general public that will aid 
194.30  compliance with the noxious weed law. 
194.31     Sec. 19.  Minnesota Statutes 2002, section 18.79, 
194.32  subdivision 9, is amended to read: 
194.33     Subd. 9.  [INJUNCTION.] If the commissioner county 
194.34  agricultural inspector applies to a court for a temporary or 
194.35  permanent injunction restraining a person from violating or 
194.36  continuing to violate sections 18.76 to 18.88, the injunction 
195.1   may be issued without requiring a bond.  
195.2      Sec. 20.  Minnesota Statutes 2002, section 18.79, 
195.3   subdivision 10, is amended to read: 
195.4      Subd. 10.  [PROSECUTION.] On finding that a person has 
195.5   violated sections 18.76 to 18.88, the commissioner county 
195.6   agricultural inspector may start court proceedings in the 
195.7   locality in which the violation occurred.  The county attorney 
195.8   may prosecute actions under sections 18.76 to 18.88 within the 
195.9   county attorney's jurisdiction.  
195.10     Sec. 21.  Minnesota Statutes 2002, section 18.81, 
195.11  subdivision 2, is amended to read: 
195.12     Subd. 2.  [LOCAL WEED INSPECTORS.] Local weed inspectors 
195.13  shall:  
195.14     (1) examine all lands, including highways, roads, alleys, 
195.15  and public ground in the territory over which their jurisdiction 
195.16  extends to ascertain if section 18.78 and related rules have 
195.17  been complied with; 
195.18     (2) see that the control or eradication of noxious weeds is 
195.19  carried out in accordance with section 18.83 and related 
195.20  rules; and 
195.21     (3) issue permits in accordance with section 18.82 and 
195.22  related rules for the transportation of materials or equipment 
195.23  infested with noxious weed propagating parts; and 
195.24     (4) submit reports and attend meetings that the 
195.25  commissioner requires. 
195.26     Sec. 22.  Minnesota Statutes 2002, section 18.81, 
195.27  subdivision 3, is amended to read: 
195.28     Subd. 3.  [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 
195.29  EXPENSES.] (a) If local weed inspectors neglect or fail to do 
195.30  their duty as prescribed in this section, the commissioner 
195.31  county agricultural inspector shall issue a notice to the 
195.32  inspector providing instructions on how and when to do their 
195.33  duty.  If, after the time allowed in the notice, the local weed 
195.34  inspector has not complied as directed, the county agricultural 
195.35  inspector may perform the duty for the local weed inspector.  A 
195.36  claim for the expense of doing the local weed inspector's duty 
196.1   is a legal charge against the municipality in which the 
196.2   inspector has jurisdiction.  The county agricultural inspector 
196.3   doing the work may file an itemized statement of costs with the 
196.4   clerk of the municipality in which the work was performed.  The 
196.5   municipality shall immediately issue proper warrants to the 
196.6   county for the work performed.  If the municipality fails to 
196.7   issue the warrants, the county auditor may include the amount 
196.8   contained in the itemized statement of costs as part of the next 
196.9   annual tax levy in the municipality and withhold that amount 
196.10  from the municipality in making its next apportionment. 
196.11     (b) If a county agricultural inspector fails to perform the 
196.12  duties as prescribed in this section, the commissioner shall 
196.13  issue a notice to the inspector providing instructions on how 
196.14  and when to do that duty.  
196.15     (c) The commissioner shall by rule establish procedures to 
196.16  carry out the enforcement actions for nonperformance required by 
196.17  this subdivision. 
196.18     Sec. 23.  Minnesota Statutes 2002, section 18.84, 
196.19  subdivision 3, is amended to read: 
196.20     Subd. 3.  [COURT APPEAL OF COSTS; PETITION.] (a) A 
196.21  landowner who has appealed the cost of noxious weed control 
196.22  measures under subdivision 2 may petition for judicial review.  
196.23  The petition must be filed within 30 days after the conclusion 
196.24  of the hearing before the county board.  The petition must be 
196.25  filed with the court administrator in the county in which the 
196.26  land where the noxious weed control measures were undertaken is 
196.27  located, together with proof of service of a copy of the 
196.28  petition on the commissioner and the county auditor.  No 
196.29  responsive pleadings may be required of the commissioner or the 
196.30  county, and no court fees may be charged for the appearance of 
196.31  the commissioner or the county in this matter. 
196.32     (b) The petition must be captioned in the name of the 
196.33  person making the petition as petitioner and the commissioner of 
196.34  agriculture and respective county as respondents.  The petition 
196.35  must include the petitioner's name, the legal description of the 
196.36  land involved, a copy of the notice to control noxious weeds, 
197.1   and the date or dates on which appealed control measures were 
197.2   undertaken. 
197.3      (c) The petition must state with specificity the grounds 
197.4   upon which the petitioner seeks to avoid the imposition of a 
197.5   lien for the cost of noxious weed control measures. 
197.6      Sec. 24.  Minnesota Statutes 2002, section 18.86, is 
197.7   amended to read: 
197.8      18.86 [UNLAWFUL ACTS.] 
197.9      No person may:  
197.10     (1) hinder or obstruct in any way the commissioner, the 
197.11  commissioner's authorized agents, county agricultural 
197.12  inspectors, or local weed inspectors in the performance of their 
197.13  duties as provided in sections 18.76 to 18.88 or related rules; 
197.14     (2) neglect, fail, or refuse to comply with section 18.82 
197.15  or related rules in the transportation and use of material or 
197.16  equipment infested with noxious weed propagating parts; 
197.17     (3) sell material containing noxious weed propagating parts 
197.18  to a person who does not have a permit to transport that 
197.19  material or to a person who does not have a screenings permit 
197.20  issued in accordance with section 21.74; or 
197.21     (4) neglect, fail, or refuse to comply with a general 
197.22  notice or an individual notice to control or eradicate noxious 
197.23  weeds.  
197.24     Sec. 25.  Minnesota Statutes 2002, section 18B.10, is 
197.25  amended to read: 
197.26     18B.10 [ACTION TO PREVENT GROUND WATER CONTAMINATION.] 
197.27     (a) The commissioner may, by rule, special order, or 
197.28  delegation through written regulatory agreement with officials 
197.29  of other approved agencies, take action necessary to prevent the 
197.30  contamination of ground water resulting from leaching of 
197.31  pesticides through the soil, from the backsiphoning or 
197.32  backflowing of pesticides through water wells, or from the 
197.33  direct flowage of pesticides to ground water. 
197.34     (b) With owner consent, the commissioner may use private 
197.35  water wells throughout the state to monitor for the presence of 
197.36  agricultural pesticides and other industrial chemicals in ground 
198.1   water.  The specific locations and land owners shall not be 
198.2   identifiable.  The owner or user of a private water well sampled 
198.3   by the commissioner must be given access to test results. 
198.4      Sec. 26.  Minnesota Statutes 2002, section 18B.26, 
198.5   subdivision 3, is amended to read: 
198.6      Subd. 3.  [APPLICATION FEE.] (a) A registrant shall pay an 
198.7   annual application fee for each pesticide to be registered, and 
198.8   this fee is set at one-tenth of one percent for calendar year 
198.9   1990, at one-fifth of one percent for calendar year 1991, and at 
198.10  two-fifths of one percent for calendar year 1992 and thereafter 
198.11  of annual gross sales within the state and annual gross sales of 
198.12  pesticides used in the state, with a minimum nonrefundable fee 
198.13  of $250.  The registrant shall determine when and which 
198.14  pesticides are sold or used in this state.  The registrant shall 
198.15  secure sufficient sales information of pesticides distributed 
198.16  into this state from distributors and dealers, regardless of 
198.17  distributor location, to make a determination.  Sales of 
198.18  pesticides in this state and sales of pesticides for use in this 
198.19  state by out-of-state distributors are not exempt and must be 
198.20  included in the registrant's annual report, as required under 
198.21  paragraph (c), and fees shall be paid by the registrant based 
198.22  upon those reported sales.  Sales of pesticides in the state for 
198.23  use outside of the state are exempt from the application fee in 
198.24  this paragraph if the registrant properly documents the sale 
198.25  location and distributors.  A registrant paying more than the 
198.26  minimum fee shall pay the balance due by March 1 based on the 
198.27  gross sales of the pesticide by the registrant for the preceding 
198.28  calendar year.  The fee for disinfectants and sanitizers shall 
198.29  be the minimum.  The minimum fee is due by December 31 preceding 
198.30  the year for which the application for registration is made.  Of 
198.31  the amount collected after calendar year 1990, at least $600,000 
198.32  per fiscal year must be credited to the waste pesticide account 
198.33  under section 18B.065, subdivision 5 The commissioner shall 
198.34  spend at least $300,000 per fiscal year from the pesticide 
198.35  regulatory account for the purposes of the waste pesticide 
198.36  collection program. 
199.1      (b) An additional fee of $100 must be paid by the applicant 
199.2   for each pesticide to be registered if the application is a 
199.3   renewal application that is submitted after December 31. 
199.4      (c) A registrant must annually report to the commissioner 
199.5   the amount and type of each registered pesticide sold, offered 
199.6   for sale, or otherwise distributed in the state.  The report 
199.7   shall be filed by March 1 for the previous year's registration.  
199.8   The commissioner shall specify the form of the report and 
199.9   require additional information deemed necessary to determine the 
199.10  amount and type of pesticides annually distributed in the 
199.11  state.  The information required shall include the brand name, 
199.12  amount, and formulation of each pesticide sold, offered for 
199.13  sale, or otherwise distributed in the state, but the information 
199.14  collected, if made public, shall be reported in a manner which 
199.15  does not identify a specific brand name in the report. 
199.16     Sec. 27.  Minnesota Statutes 2002, section 18B.37, is 
199.17  amended by adding a subdivision to read: 
199.18     Subd. 6.  [ACCESS TO PESTICIDE APPLICATION 
199.19  INFORMATION.] (a) A physician licensed to practice in Minnesota, 
199.20  or a Minnesota licensed veterinarian, may submit a request to 
199.21  the commissioner for access to available information on the 
199.22  application of pesticides by a commercial or noncommercial 
199.23  pesticide applicator related to a course of diagnosis, care, or 
199.24  treatment of a patient under the care of the physician or 
199.25  veterinarian. 
199.26     (b) A request for pesticide application information under 
199.27  this subdivision must include available details as to the 
199.28  specific location of a known or suspected application that 
199.29  occurred on one or more specified dates and times.  The request 
199.30  must also include information on symptoms displayed by the 
199.31  patient that prompted the physician or veterinarian to suspect 
199.32  pesticide exposure.  The request must indicate that any 
199.33  information discovered will become part of the confidential 
199.34  patient record and will not be released publicly. 
199.35     (c) Upon receipt of a request under paragraph (a), the 
199.36  commissioner, in consultation with the commissioner of health, 
200.1   shall promptly review the information contained in the request 
200.2   and determine if release of information held by the department 
200.3   may be beneficial for the medical diagnosis, care, and treatment 
200.4   of the patient. 
200.5      (d) The commissioner may release to the requester available 
200.6   information on the pesticide.  The commissioner shall withhold 
200.7   nonessential information such as total acres treated, the 
200.8   specific amount of pesticides applied, and the identity of the 
200.9   applicator or property owner. 
200.10     Sec. 28.  Minnesota Statutes 2002, section 28A.08, 
200.11  subdivision 3, is amended to read: 
200.12     Subd. 3.  [FEES EFFECTIVE JULY 1, 1999 2003.] 
200.13                                                    Penalties 
200.14  Type of food handler                    License    Late     No
200.15                                          Fee      Renewal  License
200.16                                          Effective 
200.17                                          July 1,
200.18                                          1999
200.19                                          2003
200.20  1.   Retail food handler
200.21       (a) Having gross sales of only
200.22       prepackaged nonperishable food
200.23       of less than $15,000 for 
200.24       the immediately previous 
200.25       license or fiscal year and 
200.26       filing a statement with the 
200.27       commissioner                       $ 48     $ 16     $ 27
200.28                                          $ 50     $ 17     $ 33
200.29       (b) Having under $15,000 gross
200.30       sales including food preparation 
200.31       or having $15,000 to $50,000 
200.32       gross sales for the immediately 
200.33       previous license or fiscal year    $ 65     $ 16     $ 27
200.34                                          $ 77     $ 25     $ 51
200.35       (c) Having $50,000 $50,001 to $250,000 
200.36       gross sales for the immediately 
201.1        previous license or fiscal year    $126     $ 37     $ 80 
201.2                                           $155     $ 51     $102 
201.3        (d) Having $250,000 $250,001 to 
201.4        $1,000,000 gross sales for the 
201.5        immediately previous license or 
201.6        fiscal year                        $216     $ 54     $107
201.7                                           $276     $ 91     $182
201.8        (e) Having $1,000,000 $1,000,001 to 
201.9        $5,000,000 gross sales for the 
201.10       immediately previous license or 
201.11       fiscal year                        $601     $107     $187
201.12                                          $799     $264     $527
201.13       (f) Having $5,000,000 $5,000,001 to
201.14       $10,000,000 gross sales for the
201.15       immediately previous license or
201.16       fiscal year                        $842     $161     $321
201.17                                        $1,162     $383     $767
201.18       (g) Having over $10,000,000 $10,000,001 to
201.19       $15,000,000 gross sales for the
201.20       immediately previous license or
201.21       fiscal year                        $962     $214     $375
201.22                                        $1,376     $454     $908
201.23       (h) Having $15,000,001 to
201.24       $20,000,000 gross sales for the
201.25       immediately previous license or
201.26       fiscal year                      $1,607     $530   $1,061
201.27       (i) Having $20,000,001 to
201.28       $25,000,000 gross sales for the
201.29       immediately previous license or
201.30       fiscal year                      $1,847     $610   $1,219
201.31       (j) Having over $25,000,001
201.32       gross sales for the immediately
201.33       previous license or fiscal year  $2,001     $660   $1,321
201.34  2.   Wholesale food handler
201.35       (a) Having gross sales or
201.36       service of less than $25,000
202.1        for the immediately previous 
202.2        license or fiscal year             $ 54     $ 16     $ 16
202.3                                           $ 57     $ 19     $ 38
202.4        (b) Having $25,000 $25,001 to
202.5        $250,000 gross sales or
202.6        service for the immediately 
202.7        previous license or fiscal year    $241     $ 54     $107
202.8                                           $284     $ 94     $187
202.9        (c) Having $250,000 $250,001 to 
202.10       $1,000,000 gross sales or
202.11       service from a mobile unit
202.12       without a separate food facility
202.13       for the immediately previous
202.14       license or fiscal year             $361     $ 80     $161
202.15                                          $444     $147     $293
202.16       (d) Having $250,000 $250,001 to 
202.17       $1,000,000 gross sales or
202.18       service not covered under 
202.19       paragraph (c) for the immediately 
202.20       previous license or fiscal year    $480     $107     $214
202.21                                          $590     $195     $389
202.22       (e) Having $1,000,000 $1,000,001 to
202.23       $5,000,000 gross sales or 
202.24       service for the immediately 
202.25       previous license or fiscal year    $601     $134     $268
202.26                                          $769     $254     $508
202.27       (f) Having over $5,000,000 $5,000,001 
202.28       to $10,000,000 gross
202.29       sales for the immediately 
202.30       previous license or fiscal year    $692     $161     $321
202.31                                          $920     $304     $607
202.32       (g) Having $10,000,001 to
202.33       $15,000,000 gross sales or
202.34       service for the immediately
202.35       previous license or fiscal year    $990     $327     $653
202.36       (h) Having $15,000,001 to
203.1        $20,000,000 gross sales or
203.2        service for the immediately
203.3        previous license or fiscal year  $1,156     $381     $763
203.4        (i) Having $20,000,001 to
203.5        $25,000,000 gross sales or
203.6        service for the immediately
203.7        previous license or fiscal year  $1,329     $439     $877
203.8        (j) Having over $25,000,001 or 
203.9        more gross sales or service for
203.10       the immediately previous license
203.11       or fiscal year                   $1,502     $496     $991
203.12  3.   Food broker                        $120     $ 32     $ 54
203.13                                          $150     $ 50     $ 99
203.14  4.   Wholesale food processor
203.15       or manufacturer 
203.16       (a) Having gross sales of less 
203.17       than $125,000 for the 
203.18       immediately previous license 
203.19       or fiscal year                     $161     $ 54     $107
203.20                                          $169     $ 56     $112
203.21       (b) Having $125,000 $125,001 to $250,000
203.22       gross sales for the immediately 
203.23       previous license or fiscal year    $332     $ 80     $161
203.24                                          $392     $129     $259
203.25       (c) Having $250,001 to $1,000,000
203.26       gross sales for the immediately 
203.27       previous license or fiscal year    $480     $107     $214
203.28                                          $590     $195     $389
203.29       (d) Having $1,000,001 to
203.30       5,000,000 gross sales for the
203.31       immediately previous license or
203.32       fiscal year                        $601     $134     $268
203.33                                          $769     $254     $508
203.34       (e) Having $5,000,001 to 
203.35       $10,000,000 gross sales for 
203.36       the immediately previous 
204.1        license or fiscal year             $692     $161     $321 
204.2                                           $920     $304     $607
204.3        (f) Having over $10,000,000 $10,000,001 to
204.4        $15,000,000 gross sales for the
204.5        immediately previous license or
204.6        fiscal year                        $963     $214     $375
204.7                                         $1,377     $454     $909
204.8        (g) Having $15,000,001 to
204.9        $20,000,000 gross sales or
204.10       service for the immediately
204.11       previous license or fiscal year  $1,608     $531   $1,061
204.12       (h) Having $20,000,001 to
204.13       $25,000,000 gross sales or
204.14       service for the immediately
204.15       previous license or fiscal year  $1,849     $610   $1,220
204.16       (i) Having $25,000,001 to
204.17       $50,000,000 gross sales or
204.18       service for the immediately
204.19       previous license or fiscal year  $2,090     $690   $1,379
204.20       (j) Having $50,000,001 to
204.21       $100,000,000 gross sales or
204.22       service for the immediately
204.23       previous license or fiscal year  $2,330     $769   $1,538
204.24       (k) Having $100,000,000 or
204.25       more gross sales or service
204.26       for the immediately previous
204.27       license or fiscal year           $2,571     $848   $1,697
204.28  5.   Wholesale food processor of
204.29       meat or poultry products
204.30       under supervision of the
204.31       U. S. Department of Agriculture 
204.32       (a) Having gross sales of less 
204.33       than $125,000 for the 
204.34       immediately previous license 
204.35       or fiscal year                     $107     $ 27     $ 54
204.36                                          $112     $ 37     $ 74
205.1        (b) Having $125,000 $125,001 to 
205.2        $250,000 gross sales for the
205.3        immediately previous license
205.4        or fiscal year                     $181     $ 54     $ 80
205.5                                           $214     $ 71     $141
205.6        (c) Having $250,001 to
205.7        $1,000,000 gross sales for the
205.8        immediately previous license
205.9        or fiscal year                     $271     $ 80     $134
205.10                                          $333     $110     $220
205.11       (d) Having $1,000,001 to
205.12       $5,000,000 gross sales 
205.13       for the immediately previous 
205.14       license or fiscal year             $332     $ 80     $161
205.15                                          $425     $140     $281
205.16       (e) Having $5,000,001 to 
205.17       $10,000,000 gross sales for 
205.18       the immediately previous 
205.19       license or fiscal year             $392     $107     $187 
205.20                                          $521     $172     $344
205.21       (f) Having over $10,000,000 $10,000,001 
205.22       gross sales for the immediately 
205.23       previous license or fiscal year    $535     $161     $268 
205.24                                          $765     $252     $505
205.25       (g) Having $15,000,001 to
205.26       $20,000,000 gross sales for the
205.27       immediately previous license or
205.28       fiscal year                        $893     $295     $589
205.29       (h) Having $20,000,001 to
205.30       $25,000,000 gross sales for the
205.31       immediately previous license or
205.32       fiscal year                      $1,027     $339     $678
205.33       (i) Having $25,000,001 to
205.34       $50,000,000 gross sales for the
205.35       immediately previous license or
205.36       fiscal year                      $1,161     $383     $766
206.1        (j) Having $50,000,001 to
206.2        $100,000,000 gross sales for
206.3        the immediately previous license
206.4        or fiscal year                   $1,295     $427     $855
206.5        (k) Having $100,000,001 or
206.6        more gross sales for the
206.7        immediately previous license or
206.8        fiscal year                       $1,428     $471     $942
206.9   6.   Wholesale food processor or
206.10       manufacturer operating only at
206.11       the state fair                     $125     $ 40     $ 50 
206.12  7.   Wholesale food manufacturer
206.13       having the permission of the
206.14       commissioner to use the name
206.15       Minnesota Farmstead cheese         $ 30     $ 10     $ 15
206.16   8.  Nonresident frozen dairy 
206.17       manufacturer                       $200     $ 50     $ 75
206.18   9.  Wholesale food manufacturer
206.19       processing less than 700,000
206.20       pounds per year of raw milk        $ 30     $ 10     $ 15
206.21   10. A milk marketing organization
206.22       without facilities for 
206.23       processing or manufacturing 
206.24       that purchases milk from milk
206.25       producers for delivery to a
206.26       licensed wholesale food 
206.27       processor or manufacturer          $ 50     $ 15     $ 25 
206.28     Sec. 29.  Minnesota Statutes 2002, section 28A.085, 
206.29  subdivision 1, is amended to read: 
206.30     Subdivision 1.  [VIOLATIONS; PROHIBITED ACTS.] The 
206.31  commissioner may charge a reinspection fee for each reinspection 
206.32  of a food handler that: 
206.33     (1) is found with a major violation of requirements in 
206.34  chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 
206.35  under one of those chapters; 
206.36     (2) is found with a violation of section 31.02, 31.161, or 
207.1   31.165, and requires a follow-up inspection after an 
207.2   administrative meeting held pursuant to section 31.14; or 
207.3      (3) fails to correct equipment and facility deficiencies as 
207.4   required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 
207.5   or 34.  The first reinspection of a firm with gross food sales 
207.6   under $1,000,000 must be assessed at $25 $75.  The fee for a 
207.7   firm with gross food sales over $1,000,000 is $50 $100.  The fee 
207.8   for a subsequent reinspection of a firm for the same violation 
207.9   is 50 percent of their current license fee or $200, whichever is 
207.10  greater.  The establishment must be issued written notice of 
207.11  violations with a reasonable date for compliance listed on the 
207.12  notice.  An initial inspection relating to a complaint is not a 
207.13  reinspection. 
207.14     Sec. 30.  Minnesota Statutes 2002, section 28A.09, 
207.15  subdivision 1, is amended to read: 
207.16     Subdivision 1.  [ANNUAL FEE; EXCEPTIONS.] Every 
207.17  coin-operated food vending machine is subject to an annual state 
207.18  inspection fee of $15 $25 for each nonexempt machine except nut 
207.19  vending machines which are subject to an annual state inspection 
207.20  fee of $5 $10 for each machine, provided that: 
207.21     (a) Food vending machines may be inspected by either a home 
207.22  rule charter or statutory city, or a county, but not both, and 
207.23  if inspected by a home rule charter or statutory city, or a 
207.24  county they shall not be subject to the state inspection fee, 
207.25  but the home rule charter or statutory city, or the county may 
207.26  impose an inspection or license fee of no more than the state 
207.27  inspection fee.  A home rule charter or statutory city or county 
207.28  that does not inspect food vending machines shall not impose a 
207.29  food vending machine inspection or license fee. 
207.30     (b) Vending machines dispensing only gum balls, hard candy, 
207.31  unsorted candy, or ice manufactured and packaged by another 
207.32  shall be exempt from the state inspection fee, but may be 
207.33  inspected by the state.  A home rule charter or statutory city 
207.34  may impose by ordinance an inspection or license fee of no more 
207.35  than the state inspection fee for nonexempt machines on the 
207.36  vending machines described in this paragraph.  A county may 
208.1   impose by ordinance an inspection or license fee of no more than 
208.2   the state inspection fee for nonexempt machines on the vending 
208.3   machines described in this paragraph which are not located in a 
208.4   home rule charter or statutory city.  
208.5      (c) Vending machines dispensing only bottled or canned soft 
208.6   drinks are exempt from the state, home rule charter or statutory 
208.7   city, and county inspection fees, but may be inspected by the 
208.8   commissioner or the commissioner's designee. 
208.9      Sec. 31.  Minnesota Statutes 2002, section 32.394, 
208.10  subdivision 8, is amended to read: 
208.11     Subd. 8.  [GRADE A INSPECTION FEES.] A processor or 
208.12  marketing organization of milk, milk products, sheep milk, or 
208.13  goat milk who wishes to market Grade A milk or use the Grade A 
208.14  label must apply for Grade A inspection service from the 
208.15  commissioner.  A pasteurization plant requesting Grade A 
208.16  inspection service must hold a Grade A permit and pay an annual 
208.17  inspection fee of no more than $500.  For Grade A farm 
208.18  inspection service, the fee must be no more than $50 per farm, 
208.19  paid annually by the processor or by the marketing organization 
208.20  on behalf of its patrons.  For a farm requiring a reinspection 
208.21  in addition to the required biannual inspections, an additional 
208.22  fee of no more than $25 $45 per reinspection must be paid by the 
208.23  processor or by the marketing organization on behalf of its 
208.24  patrons.  The Grade A farm inspection fee must not exceed the 
208.25  lesser of (1) 40 percent of the department's actual average cost 
208.26  per farm inspection or reinspection; or (2) the dollar limits 
208.27  set in this subdivision.  No fee increase may be implemented 
208.28  until after the commissioner has held three or more public 
208.29  hearings.  
208.30     Sec. 32.  Minnesota Statutes 2002, section 32.394, 
208.31  subdivision 8b, is amended to read: 
208.32     Subd. 8b.  [MANUFACTURING GRADE FARM CERTIFICATION.] A 
208.33  processor or marketing organization of milk, milk products, 
208.34  sheep milk, or goat milk who wishes to market other than Grade A 
208.35  milk must apply for a manufacturing grade farm certification 
208.36  inspection from the commissioner.  A manufacturing plant that 
209.1   pasteurizes milk or milk by-products must pay an annual fee 
209.2   based on the number of pasteurization units.  This fee must not 
209.3   exceed $140 per unit.  The fee for farm certification inspection 
209.4   must not be more than $25 per farm to be paid annually by the 
209.5   processor or by the marketing organization on behalf of its 
209.6   patrons.  For a farm requiring more than the one inspection for 
209.7   certification, a reinspection fee of no more than $25 $45 must 
209.8   be paid by the processor or by the marketing organization on 
209.9   behalf of its patrons.  The fee must be set by the commissioner 
209.10  in an amount necessary to cover 40 percent of the department's 
209.11  actual cost of providing the annual inspection but must not 
209.12  exceed the limits in this subdivision.  No fee increase may be 
209.13  implemented until after the commissioner has held three or more 
209.14  public hearings.  
209.15     Sec. 33.  Minnesota Statutes 2002, section 32.394, 
209.16  subdivision 8d, is amended to read: 
209.17     Subd. 8d.  [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 
209.18  pay to the commissioner a fee for fluid milk processed and milk 
209.19  used in the manufacture of fluid milk products sold for retail 
209.20  sale in Minnesota.  Beginning May 1, 1993, the fee is six cents 
209.21  per hundredweight.  If the commissioner determines that a 
209.22  different fee, in an amount not less than five cents and not 
209.23  more than nine cents per hundredweight, when combined with 
209.24  general fund appropriations and fees charged under sections 
209.25  31.39 and 32.394, subdivision 8, is needed to provide adequate 
209.26  funding for the Grades A and B inspection programs and the 
209.27  administration and enforcement of Laws 1993, chapter 65, the 
209.28  commissioner may, by rule, change the fee on processors within 
209.29  the range provided within this subdivision as set by the 
209.30  commissioner's order except that beginning July 1, 2003, the fee 
209.31  is set at seven cents per hundredweight and thereafter no change 
209.32  within any 12-month period may be in excess of one cent per 
209.33  hundredweight. 
209.34     (b) Processors must report quantities of milk processed 
209.35  under paragraph (a) on forms provided by the commissioner.  
209.36  Processor fees must be paid monthly.  The commissioner may 
210.1   require the production of records as necessary to determine 
210.2   compliance with this subdivision. 
210.3      (c) The commissioner may create within the department a 
210.4   dairy consulting program to provide assistance to dairy 
210.5   producers who are experiencing problems meeting the sanitation 
210.6   and quality requirements of the dairy laws and rules. 
210.7      The commissioner may use money appropriated from the dairy 
210.8   services account created in subdivision 9 to pay for the program 
210.9   authorized in this paragraph. 
210.10     Sec. 34.  Minnesota Statutes 2002, section 35.155, is 
210.11  amended to read: 
210.12     35.155 [CERVIDAE IMPORT RESTRICTIONS.] 
210.13     (a) A person must not import cervidae into the state from a 
210.14  herd that is infected or exposed to chronic wasting disease or 
210.15  from a known chronic wasting disease endemic area, as determined 
210.16  by the board.  A person may import cervidae into the state only 
210.17  from a herd that is not in a known chronic wasting disease 
210.18  endemic area, as determined by the board, and the herd has been 
210.19  subject to a state or provincial approved chronic wasting 
210.20  disease monitoring program for at least three years.  Cervidae 
210.21  imported in violation of this section may be seized and 
210.22  destroyed by the commissioner of natural resources. 
210.23     (b) This section expires on June 1, 2003. 
210.24     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
210.25  following final enactment. 
210.26     Sec. 35.  Minnesota Statutes 2002, section 38.02, 
210.27  subdivision 1, is amended to read: 
210.28     Subdivision 1.  [PRO RATA DISTRIBUTION; CONDITIONS.] 
210.29  (1) (a) Money appropriated to aid county and district 
210.30  agricultural societies and associations shall be distributed 
210.31  among all county and district agricultural societies or 
210.32  associations in the state pro rata, upon condition that each of 
210.33  them has complied with the conditions specified in clause 
210.34  (2) paragraph (b). 
210.35     (2) (b) To be eligible to participate in such the 
210.36  distribution of aid, each such agricultural society or 
211.1   association (a) shall have: 
211.2      (1) held an annual fair for each of the three years last 
211.3   past, unless prevented from doing so because of a calamity or an 
211.4   epidemic declared by the board of health as defined in section 
211.5   145A.02, subdivision 2, or the state commissioner of health to 
211.6   exist; (b) shall have 
211.7      (2) an annual membership of 25 or more; (c) shall have 
211.8      (3) paid out to exhibitors for premiums awarded at the last 
211.9   fair held a sum not less than the amount to be received from the 
211.10  state; (d) shall have 
211.11     (4) published and distributed not less than three weeks 
211.12  before the opening day of the fair a premium list, listing all 
211.13  items or articles on which premiums are offered and the amounts 
211.14  of such premiums and shall have paid premiums pursuant to the 
211.15  amount shown for each article or item to be exhibited; provided 
211.16  that premiums for school exhibits may be advertised in the 
211.17  published premium list by reference to a school premium list 
211.18  prepared and circulated during the preceding school year; and 
211.19  shall have collected all fees charged for entering an exhibit at 
211.20  the time the entry was made and in accordance with schedule of 
211.21  entry fees to be charged as published in the premium list; (e) 
211.22  shall have 
211.23     (5) paid not more than one premium on each article or item 
211.24  exhibited, excluding championship or sweepstake awards, and 
211.25  excluding the payment of open class premium awards to 4H Club 
211.26  exhibits which at this same fair had won a first prize award in 
211.27  regular 4H Club competition; (f) shall have and 
211.28     (6) submitted its records and annual report to the 
211.29  commissioner of agriculture on a form provided by the 
211.30  commissioner of agriculture, on or before the first day of 
211.31  November of the current year in which the fair was held. 
211.32     (3) (c) All payments authorized under the provisions of 
211.33  this chapter shall be made only upon the presentation by the 
211.34  commissioner of agriculture with the commissioner of finance of 
211.35  a statement of premium allocations.  As used herein the term 
211.36  premium shall mean the cash award paid to an exhibitor for the 
212.1   merit of an exhibit of livestock, livestock products, grains, 
212.2   fruits, flowers, vegetables, articles of domestic science, 
212.3   handicrafts, hobbies, fine arts, and articles made by school 
212.4   pupils, or the cash award paid to the merit winner of events 
212.5   such as 4H Club or Future Farmer Contest, Youth Group Contests, 
212.6   school spelling contests and school current events contests, the 
212.7   award corresponding to the amount offered in the advertised 
212.8   premium list referred to in schedule 2.  Payments of awards for 
212.9   horse races, ball games, musical contests, talent contests, 
212.10  parades, and for amusement features for which admission is 
212.11  charged, are specifically excluded from consideration as 
212.12  premiums within the meaning of that term as used herein.  Upon 
212.13  receipt of the statement by the commissioner of agriculture, it 
212.14  shall be the duty of the commissioner of finance to shall draw a 
212.15  voucher in favor of the agricultural society or association for 
212.16  the amount to which it is entitled under the provisions of this 
212.17  chapter, which.  The amount shall be computed as follows:  On 
212.18  the first $750 premiums paid by each society or association at 
212.19  the last fair held, such the society or association shall 
212.20  receive 100 percent reimbursement; on the second $750 premiums 
212.21  paid, 80 percent; on the third $750 premiums paid, 60 percent; 
212.22  and on any sum in excess of $2,250, 40 percent.  The 
212.23  commissioner of finance shall make payments not later than July 
212.24  15 of the year following the calendar year in which the annual 
212.25  fair was held. 
212.26     (4) (d) If the total amount of state aid to which the 
212.27  agricultural societies and associations are entitled under the 
212.28  provisions of this chapter exceeds the amount of the 
212.29  appropriation therefor, the amounts to which the societies or 
212.30  associations are entitled shall be prorated so that the total 
212.31  payments by the state will not exceed the appropriation. 
212.32     Sec. 36.  Minnesota Statutes 2002, section 38.02, 
212.33  subdivision 3, is amended to read: 
212.34     Subd. 3.  [CERTIFICATION, COMMISSIONER OF AGRICULTURE.] Any 
212.35  county or district agricultural society which has held its 
212.36  second annual fair is entitled to share pro rata in the 
213.1   distribution.  The commissioner of agriculture shall certify to 
213.2   the secretary of the state agricultural society, within 30 days 
213.3   after payments have been made, a list of all county or district 
213.4   agricultural societies that have complied with this chapter, and 
213.5   which are entitled to share in the appropriation.  All payments 
213.6   shall be made within three months after the agricultural 
213.7   societies submitted their based on reports submitted by 
213.8   agricultural societies under subdivision 1, paragraph (b), 
213.9   clause (2)(f) (6).  
213.10     Sec. 37.  Minnesota Statutes 2002, section 41A.09, 
213.11  subdivision 2a, is amended to read: 
213.12     Subd. 2a.  [DEFINITIONS.] For the purposes of this section, 
213.13  the terms defined in this subdivision have the meanings given 
213.14  them. 
213.15     (a) "Ethanol" means fermentation ethyl alcohol derived from 
213.16  agricultural products, including potatoes, cereal, grains, 
213.17  cheese whey, and sugar beets; forest products; or other 
213.18  renewable resources, including residue and waste generated from 
213.19  the production, processing, and marketing of agricultural 
213.20  products, forest products, and other renewable resources, that: 
213.21     (1) meets all of the specifications in ASTM specification D 
213.22  4806-88; and 
213.23     (2) is denatured as specified in Code of Federal 
213.24  Regulations, title 27, parts 20 and 21. 
213.25     (b) "Wet alcohol" means agriculturally derived fermentation 
213.26  ethyl alcohol having a purity of at least 50 percent but less 
213.27  than 99 percent. 
213.28     (c) "Anhydrous alcohol" means fermentation ethyl alcohol 
213.29  derived from agricultural products as described in paragraph 
213.30  (a), but that does not meet ASTM specifications or is not 
213.31  denatured and is shipped in bond for further processing. 
213.32     (d) "Ethanol plant" means a plant at which ethanol, 
213.33  anhydrous alcohol, or wet alcohol is produced. 
213.34     (c) "Commissioner" means the commissioner of agriculture. 
213.35     Sec. 38.  Minnesota Statutes 2002, section 41A.09, 
213.36  subdivision 3a, is amended to read: 
214.1      Subd. 3a.  [ETHANOL PRODUCER PAYMENTS.] (a) The 
214.2   commissioner of agriculture shall make cash payments to 
214.3   producers of ethanol, anhydrous alcohol, and wet alcohol located 
214.4   in the state.  These payments shall apply only to ethanol, 
214.5   anhydrous alcohol, and wet alcohol fermented in the state and 
214.6   produced at plants that have begun production by June 30, 2000.  
214.7   For the purpose of this subdivision, an entity that holds a 
214.8   controlling interest in more than one ethanol plant is 
214.9   considered a single producer.  The amount of the payment for 
214.10  each producer's annual production, is: 
214.11     (1) except as provided in paragraph (b) (c), is 20 cents 
214.12  per gallon for each gallon of ethanol or anhydrous alcohol 
214.13  produced on or before June 30, 2000, or ten years after the 
214.14  start of production, whichever is later, 19 cents per gallon; 
214.15  and 
214.16     (2) for each gallon produced of wet alcohol on or before 
214.17  June 30, 2000, or ten years after the start of production, 
214.18  whichever is later, a payment in cents per gallon calculated by 
214.19  the formula "alcohol purity in percent divided by five," and 
214.20  rounded to the nearest cent per gallon, but not less than 11 
214.21  cents per gallon. 
214.22     The producer payments for anhydrous alcohol and wet alcohol 
214.23  under this section may be paid to either the original producer 
214.24  of anhydrous alcohol or wet alcohol or the secondary processor, 
214.25  at the option of the original producer, but not to both.  The 
214.26  first claim for production after June 30, 2003, must be 
214.27  accompanied by a disclosure statement on a form provided by the 
214.28  commissioner.  The disclosure statement must include a detailed 
214.29  description of the organization of the business structure of the 
214.30  claimant listing the percentages of ownership by any person or 
214.31  other entity with an ownership interest of five percent or 
214.32  greater, the distribution of income received by the claimant, 
214.33  including operating income and payments under this subdivision. 
214.34  The disclosure statement must include information sufficient to 
214.35  demonstrate that a majority of the ultimate beneficial interest 
214.36  in the entity receiving payments under this section is owned by 
215.1   farmers or spouses of farmers, as defined in section 500.24, 
215.2   residing in Minnesota.  Subsequent quarterly claims must report 
215.3   changes in ownership.  Payments must not be made to a claimant 
215.4   that has less than a majority of Minnesota farmer control except 
215.5   that the commissioner may grant an exemption from the farmer 
215.6   majority ownership requirement to a claimant that, on the day 
215.7   following final enactment of this section, has demonstrated 
215.8   greater than 40 percent farmer ownership which, when combined 
215.9   with ownership interests of persons residing within 30 miles of 
215.10  the plant, exceeds 50 percent.  In addition, a claimant located 
215.11  in a city of the first class which qualifies for payments in all 
215.12  other respects is not subject to this condition.  Information 
215.13  provided under this paragraph is nonpublic data under section 
215.14  13.02, subdivision 9. 
215.15     (b) No payments shall be made for ethanol production that 
215.16  occurs after June 30, 2010.  
215.17     (b) (c) If the level of production at an ethanol plant 
215.18  increases due to an increase in the production capacity of the 
215.19  plant, the payment under paragraph (a), clause (1), applies to 
215.20  the additional increment of production until ten years after the 
215.21  increased production began.  Once a plant's production capacity 
215.22  reaches 15,000,000 gallons per year, no additional increment 
215.23  will qualify for the payment. 
215.24     (c)  The commissioner shall make payments to producers of 
215.25  ethanol or wet alcohol in the amount of 1.5 cents for each 
215.26  kilowatt hour of electricity generated using closed-loop biomass 
215.27  in a cogeneration facility at an ethanol plant located in the 
215.28  state.  Payments under this paragraph shall be made only for 
215.29  electricity generated at cogeneration facilities that begin 
215.30  operation by June 30, 2000.  The payments apply to electricity 
215.31  generated on or before the date ten years after the producer 
215.32  first qualifies for payment under this paragraph.  Total 
215.33  payments under this paragraph in any fiscal year may not exceed 
215.34  $750,000.  For the purposes of this paragraph: 
215.35     (1) "closed-loop biomass" means any organic material from a 
215.36  plant that is planted for the purpose of being used to generate 
216.1   electricity or for multiple purposes that include being used to 
216.2   generate electricity; and 
216.3      (2) "cogeneration" means the combined generation of: 
216.4      (i) electrical or mechanical power; and 
216.5      (ii) steam or forms of useful energy, such as heat, that 
216.6   are used for industrial, commercial, heating, or cooling 
216.7   purposes. 
216.8      (d)  Payments under paragraphs (a) and (b)  to all 
216.9   producers may not exceed $35,150,000 in a fiscal year. (d) Total 
216.10  payments under paragraphs (a) and (b) (c) to a producer in a 
216.11  fiscal year may not exceed $2,850,000 $3,000,000. 
216.12     (e)  By the last day of October, January, April, and July, 
216.13  each producer shall file a claim for payment for ethanol, 
216.14  anhydrous alcohol, and wet alcohol production during the 
216.15  preceding three calendar months.  A producer with more than one 
216.16  plant shall file a separate claim for each plant.  A producer 
216.17  that files a claim under this subdivision shall include a 
216.18  statement of the producer's total ethanol, anhydrous alcohol, 
216.19  and wet alcohol production in Minnesota during the quarter 
216.20  covered by the claim, including anhydrous alcohol and wet 
216.21  alcohol produced or received from an outside source.  A producer 
216.22  shall file a separate claim for any amount claimed under 
216.23  paragraph (c).  For each claim and statement of total ethanol, 
216.24  anhydrous alcohol, and wet alcohol production filed under this 
216.25  subdivision, the volume of ethanol, anhydrous alcohol, and wet 
216.26  alcohol production or amounts of electricity generated using 
216.27  closed-loop biomass must be examined by an independent certified 
216.28  public accountant in accordance with standards established by 
216.29  the American Institute of Certified Public Accountants. 
216.30     (f)  Payments shall be made November 15, February 15, May 
216.31  15, and August 15.  A separate payment shall be made for each 
216.32  claim filed.  Except as provided in paragraph (j) (g), the total 
216.33  quarterly payment to a producer under this paragraph, excluding 
216.34  amounts paid under paragraph (c), may not exceed $750,000.  
216.35     (g) If the total amount for which all producers are 
216.36  eligible in a quarter under paragraph (c) exceeds the amount 
217.1   available for payments, the commissioner shall make payments in 
217.2   the order in which the plants covered by the claims began 
217.3   generating electricity using closed-loop biomass. 
217.4      (h) After July 1, 1997, new production capacity is only 
217.5   eligible for payment under this subdivision if the commissioner 
217.6   receives: 
217.7      (1) an application for approval of the new production 
217.8   capacity; 
217.9      (2) an appropriate letter of long-term financial commitment 
217.10  for construction of the new production capacity; and 
217.11     (3) copies of all necessary permits for construction of the 
217.12  new production capacity. 
217.13     The commissioner may approve new production capacity based 
217.14  on the order in which the applications are received.  
217.15     (i) The commissioner may not approve any new production 
217.16  capacity after July 1, 1998, except that a producer with an 
217.17  approved production capacity of at least 12,000,000 gallons per 
217.18  year but less than 15,000,000 gallons per year prior to July 1, 
217.19  1998, is approved for 15,000,000 gallons of production capacity. 
217.20     (j) (g) Notwithstanding the quarterly payment limits of 
217.21  paragraph (f), the commissioner shall make an additional payment 
217.22  in the eighth fourth quarter of each fiscal biennium year to 
217.23  ethanol producers for the lesser of:  (1) 19 20 cents per gallon 
217.24  of production in the eighth fourth quarter of the biennium year 
217.25  that is greater than 3,750,000 gallons; or (2) the total amount 
217.26  of payments lost during the first seven three quarters of 
217.27  the biennium fiscal year due to plant outages, repair, or major 
217.28  maintenance.  Total payments to an ethanol producer in a 
217.29  fiscal biennium year, including any payment under this 
217.30  paragraph, must not exceed the total amount the producer is 
217.31  eligible to receive based on the producer's approved production 
217.32  capacity.  The provisions of this paragraph apply only to 
217.33  production losses that occur in quarters beginning after 
217.34  December 31, 1999. 
217.35     (k) For the purposes of this subdivision "new production 
217.36  capacity" means annual ethanol production capacity that was not 
218.1   allowed under a permit issued by the pollution control agency 
218.2   prior to July 1, 1997, or for which construction did not begin 
218.3   prior to July 1, 1997. 
218.4      (h) The commissioner shall reimburse ethanol producers for 
218.5   any deficiency in payments during earlier quarters if the 
218.6   deficiency occurred because appropriated money was insufficient 
218.7   to make timely payments in the full amount provided in paragraph 
218.8   (a).  Notwithstanding the quarterly or annual payment 
218.9   limitations in this subdivision, the commissioner shall begin 
218.10  making payments for earlier deficiencies in each fiscal year 
218.11  that appropriations for ethanol payments exceed the amount 
218.12  required to make eligible scheduled payments.  Payments for 
218.13  earlier deficiencies must continue until the deficiencies for 
218.14  each producer are paid in full. 
218.15     Sec. 39.  Minnesota Statutes 2002, section 116.07, 
218.16  subdivision 7a, is amended to read: 
218.17     Subd. 7a.  [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 
218.18  PERMIT.] (a) A person who applies to the pollution control 
218.19  agency or a county board for a permit to construct or expand a 
218.20  feedlot with a capacity of 500 animal units or more shall, 
218.21  not later less than ten 20 business days after the application 
218.22  is submitted before the date on which a permit is issued, 
218.23  provide notice to each resident and each owner of real property 
218.24  within 5,000 feet of the perimeter of the proposed feedlot.  The 
218.25  notice may be delivered by first class mail, in person, or by 
218.26  the publication in a newspaper of general circulation within the 
218.27  affected area and must include information on the type of 
218.28  livestock and the proposed capacity of the feedlot.  
218.29  Notification under this subdivision is satisfied under an equal 
218.30  or greater notification requirement of a county conditional use 
218.31  permit.  
218.32     (b) The agency or a county board must verify that notice 
218.33  was provided as required under paragraph (a) prior to issuing a 
218.34  permit. 
218.35     Sec. 40.  Minnesota Statutes 2002, section 116D.04, 
218.36  subdivision 2a, is amended to read: 
219.1      Subd. 2a.  Where there is potential for significant 
219.2   environmental effects resulting from any major governmental 
219.3   action, the action shall be preceded by a detailed environmental 
219.4   impact statement prepared by the responsible governmental unit.  
219.5   The environmental impact statement shall be an analytical rather 
219.6   than an encyclopedic document which describes the proposed 
219.7   action in detail, analyzes its significant environmental 
219.8   impacts, discusses appropriate alternatives to the proposed 
219.9   action and their impacts, and explores methods by which adverse 
219.10  environmental impacts of an action could be mitigated.  The 
219.11  environmental impact statement shall also analyze those 
219.12  economic, employment and sociological effects that cannot be 
219.13  avoided should the action be implemented.  To ensure its use in 
219.14  the decision making process, the environmental impact statement 
219.15  shall be prepared as early as practical in the formulation of an 
219.16  action.  
219.17     (a) The board shall by rule establish categories of actions 
219.18  for which environmental impact statements and for which 
219.19  environmental assessment worksheets shall be prepared as well as 
219.20  categories of actions for which no environmental review is 
219.21  required under this section.  
219.22     (b) The responsible governmental unit shall promptly 
219.23  publish notice of the completion of an environmental assessment 
219.24  worksheet in a manner to be determined by the board and shall 
219.25  provide copies of the environmental assessment worksheet to the 
219.26  board and its member agencies.  Comments on the need for an 
219.27  environmental impact statement may be submitted to the 
219.28  responsible governmental unit during a 30 day period following 
219.29  publication of the notice that an environmental assessment 
219.30  worksheet has been completed.  The responsible governmental 
219.31  unit's decision on the need for an environmental impact 
219.32  statement shall be based on the environmental assessment 
219.33  worksheet and the comments received during the comment period, 
219.34  and shall be made within 15 days after the close of the comment 
219.35  period.  The board's chair may extend the 15 day period by not 
219.36  more than 15 additional days upon the request of the responsible 
220.1   governmental unit.  
220.2      (c) An environmental assessment worksheet shall also be 
220.3   prepared for a proposed action whenever material evidence 
220.4   accompanying a petition by not less than 25 individuals, 
220.5   submitted before the proposed project has received final 
220.6   approval by the appropriate governmental units, demonstrates 
220.7   that, because of the nature or location of a proposed action, 
220.8   there may be potential for significant environmental effects.  
220.9   Petitions requesting the preparation of an environmental 
220.10  assessment worksheet shall be submitted to the board.  The chair 
220.11  of the board shall determine the appropriate responsible 
220.12  governmental unit and forward the petition to it.  A decision on 
220.13  the need for an environmental assessment worksheet shall be made 
220.14  by the responsible governmental unit within 15 days after the 
220.15  petition is received by the responsible governmental unit.  The 
220.16  board's chair may extend the 15 day period by not more than 15 
220.17  additional days upon request of the responsible governmental 
220.18  unit.  
220.19     (d) Except in an environmentally sensitive location where 
220.20  Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 
220.21  the proposed action is exempt from environmental review under 
220.22  this chapter and rules of the board, if: 
220.23     (1) the proposed action is: 
220.24     (i) an animal feedlot facility with a capacity of less than 
220.25  1,000 animal units; or 
220.26     (ii) an expansion of an existing animal feedlot facility 
220.27  with a total cumulative capacity of less than 1,000 animal 
220.28  units; 
220.29     (2) the application for the animal feedlot facility 
220.30  includes a written commitment by the proposer to design, 
220.31  construct, and operate the facility in full compliance with 
220.32  pollution control agency feedlot rules; and 
220.33     (3) the county board holds a public meeting for citizen 
220.34  input at least ten business days prior to the pollution control 
220.35  agency or county issuing a feedlot permit for the animal feedlot 
220.36  facility unless another public meeting for citizen input has 
221.1   been held with regard to the feedlot facility to be permitted.  
221.2   The exemption in this paragraph is in addition to other 
221.3   exemptions provided under other law and rules of the board. 
221.4      (e) The board may, prior to final approval of a proposed 
221.5   project, require preparation of an environmental assessment 
221.6   worksheet by a responsible governmental unit selected by the 
221.7   board for any action where environmental review under this 
221.8   section has not been specifically provided for by rule or 
221.9   otherwise initiated.  
221.10     (e) (f) An early and open process shall be utilized to 
221.11  limit the scope of the environmental impact statement to a 
221.12  discussion of those impacts, which, because of the nature or 
221.13  location of the project, have the potential for significant 
221.14  environmental effects.  The same process shall be utilized to 
221.15  determine the form, content and level of detail of the statement 
221.16  as well as the alternatives which are appropriate for 
221.17  consideration in the statement.  In addition, the permits which 
221.18  will be required for the proposed action shall be identified 
221.19  during the scoping process.  Further, the process shall identify 
221.20  those permits for which information will be developed 
221.21  concurrently with the environmental impact statement.  The board 
221.22  shall provide in its rules for the expeditious completion of the 
221.23  scoping process.  The determinations reached in the process 
221.24  shall be incorporated into the order requiring the preparation 
221.25  of an environmental impact statement.  
221.26     (f) (g) Whenever practical, information needed by a 
221.27  governmental unit for making final decisions on permits or other 
221.28  actions required for a proposed project shall be developed in 
221.29  conjunction with the preparation of an environmental impact 
221.30  statement.  
221.31     (g) (h) An environmental impact statement shall be prepared 
221.32  and its adequacy determined within 280 days after notice of its 
221.33  preparation unless the time is extended by consent of the 
221.34  parties or by the governor for good cause.  The responsible 
221.35  governmental unit shall determine the adequacy of an 
221.36  environmental impact statement, unless within 60 days after 
222.1   notice is published that an environmental impact statement will 
222.2   be prepared, the board chooses to determine the adequacy of an 
222.3   environmental impact statement.  If an environmental impact 
222.4   statement is found to be inadequate, the responsible 
222.5   governmental unit shall have 60 days to prepare an adequate 
222.6   environmental impact statement. 
222.7      Sec. 41.  Minnesota Statutes 2002, section 116O.09, 
222.8   subdivision 1, is amended to read: 
222.9      Subdivision 1.  [ESTABLISHMENT.] The agricultural 
222.10  utilization research institute is established as a nonprofit 
222.11  corporation under section 501(c)(3) of the Internal Revenue Code 
222.12  of 1986, as amended.  The agricultural utilization research 
222.13  institute shall promote the establishment of new products and 
222.14  product uses and the expansion of existing markets for the 
222.15  state's agricultural commodities and products, including direct 
222.16  financial and technical assistance for Minnesota entrepreneurs.  
222.17  The institute must be located near an existing agricultural 
222.18  research facility in the agricultural region of the state must 
222.19  establish or maintain facilities and work with private and 
222.20  public entities to leverage the resources available to achieve 
222.21  maximum results for Minnesota agriculture. 
222.22     Sec. 42.  Minnesota Statutes 2002, section 116O.09, 
222.23  subdivision 1a, is amended to read: 
222.24     Subd. 1a.  [BOARD OF DIRECTORS.] The board of directors of 
222.25  the agricultural utilization research institute is comprised of: 
222.26     (1) the chairs of the senate and the house of 
222.27  representatives standing committees with jurisdiction over 
222.28  agriculture policy finance or the chair's designee; 
222.29     (2) two representatives of statewide farm organizations 
222.30  appointed by the commissioner; 
222.31     (3) two representatives of agribusiness, one of whom is a 
222.32  member of the Minnesota Technology, Inc. board representing 
222.33  agribusiness; and 
222.34     (4) three representatives of the commodity promotion 
222.35  councils. 
222.36     A member of the board of directors under clauses (1) (2) to 
223.1   (4), including a member serving on July 1, 2003, may designate a 
223.2   permanent or temporary replacement member representing the same 
223.3   constituency serve for a maximum of two three-year terms.  The 
223.4   board's compensation is governed by section 15.0575, subdivision 
223.5   3. 
223.6      Sec. 43.  Minnesota Statutes 2002, section 116O.09, 
223.7   subdivision 2, is amended to read: 
223.8      Subd. 2.  [DUTIES.] (a) In addition to the duties and 
223.9   powers assigned to the institutes in section 116O.08, the 
223.10  agricultural utilization research institute shall: 
223.11     (1) identify the various market segments characterized by 
223.12  Minnesota's agricultural industry, address each segment's 
223.13  individual needs, and identify development opportunities in each 
223.14  segment for agricultural products; 
223.15     (2) develop and implement a utilization program for each 
223.16  segment that addresses its development needs and identifies 
223.17  techniques to meet those needs opportunities; 
223.18     (3) monitor and coordinate research among the public and 
223.19  private organizations and individuals specifically addressing 
223.20  procedures to transfer new technology to businesses, farmers, 
223.21  and individuals; 
223.22     (4) provide research grants to public and private 
223.23  educational institutions and other organizations that are 
223.24  undertaking basic and applied research that would to promote the 
223.25  development of the various emerging agricultural industries; and 
223.26     (5) provide financial assistance including, but not limited 
223.27  to:  (i) direct loans, guarantees, interest subsidy payments, 
223.28  and equity investments; and (ii) participation in loan 
223.29  participations.  The board of directors shall establish the 
223.30  terms and conditions of the financial assistance. assist 
223.31  organizations and individuals with market analysis and product 
223.32  marketing implementations; 
223.33     (6) to the extent possible earn and receive revenue from 
223.34  contracts, patents, licenses, royalties, grants, 
223.35  fees-for-service, and memberships; 
223.36     (7) work with the department of agriculture, the United 
224.1   States Department of Agriculture, the department of trade and 
224.2   economic development, and other agencies to maximize marketing 
224.3   opportunities locally, nationally, and internationally; and 
224.4      (8) leverage available funds from federal, state, and 
224.5   private sources to develop new markets and value added 
224.6   opportunities for Minnesota agricultural products. 
224.7      (b) The agricultural utilization research institute board 
224.8   of directors shall have the sole approval authority for 
224.9   establishing agricultural utilization research priorities, 
224.10  requests for proposals to meet those priorities, awarding of 
224.11  grants, hiring and direction of personnel, and other 
224.12  expenditures of funds consistent with the adopted and approved 
224.13  mission and goals of the agricultural utilization research 
224.14  institute.  The actions and expenditures of the agricultural 
224.15  utilization research institute are subject to audit and regular 
224.16  annual report to the legislature in general and specifically the 
224.17  house of representatives agriculture committee, the senate 
224.18  agriculture and rural development committee, the house of 
224.19  representatives environment and natural resources finance 
224.20  committee, and the senate environment and agriculture budget 
224.21  division.  The institute shall annually report by February 1 to 
224.22  the senate and house of representative standing committees with 
224.23  jurisdiction over agricultural policy and funding.  The report 
224.24  must list projects initiated, progress on projects, and 
224.25  financial information relating to expenditures, income from 
224.26  other sources, and other information to allow the committees to 
224.27  evaluate the effectiveness of the institute's activities. 
224.28     Sec. 44.  Minnesota Statutes 2002, section 216C.41, 
224.29  subdivision 1, is amended to read: 
224.30     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
224.31  subdivision apply to this section. 
224.32     (b) "Qualified hydroelectric facility" means a 
224.33  hydroelectric generating facility in this state that: 
224.34     (1) is located at the site of a dam, if the dam was in 
224.35  existence as of March 31, 1994; and 
224.36     (2) begins generating electricity after July 1, 1994, or 
225.1   generates electricity after substantial refurbishing of a 
225.2   facility that begins after July 1, 2001. 
225.3      (c) "Qualified wind energy conversion facility" means a 
225.4   wind energy conversion system that: 
225.5      (1) produces two megawatts or less of electricity as 
225.6   measured by nameplate rating and begins generating electricity 
225.7   after December 31, 1996, and before July 1, 1999; 
225.8      (2) begins generating electricity after June 30, 1999, 
225.9   produces two megawatts or less of electricity as measured by 
225.10  nameplate rating, and is: 
225.11     (i) located within one county and owned by a natural person 
225.12  who owns the land where the facility is sited owned by a 
225.13  resident of Minnesota or an entity that is organized under the 
225.14  laws of this state and is not prohibited from owning 
225.15  agricultural land under section 500.24; 
225.16     (ii) owned by a Minnesota small business as defined in 
225.17  section 645.445; 
225.18     (iii) owned by a nonprofit organization; or 
225.19     (iv) owned by a tribal council if the facility is located 
225.20  within the boundaries of the reservation; or 
225.21     (3) begins generating electricity after June 30, 1999, 
225.22  produces seven megawatts or less of electricity as measured by 
225.23  nameplate rating, and: 
225.24     (i) is owned by a cooperative organized under chapter 308A; 
225.25  and 
225.26     (ii) all shares and membership in the cooperative are held 
225.27  by natural persons or estates, at least 51 percent of whom 
225.28  reside in a county or contiguous to a county where the wind 
225.29  energy production facilities of the cooperative are located. 
225.30     (d) "Qualified on-farm biogas recovery facility" means an 
225.31  anaerobic digester system that: 
225.32     (1) is located at the site of an agricultural operation; 
225.33     (2) is owned by a natural person who owns or rents the land 
225.34  where the facility is located; and 
225.35     (3) begins generating electricity after July 1, 2001.  
225.36     (e) "Anaerobic digester system" means a system of 
226.1   components that processes animal waste based on the absence of 
226.2   oxygen and produces gas used to generate electricity. 
226.3      Sec. 45.  Minnesota Statutes 2002, section 273.13, 
226.4   subdivision 23, is amended to read: 
226.5      Subd. 23.  [CLASS 2.] (a) Class 2a property is agricultural 
226.6   land including any improvements that is homesteaded.  The market 
226.7   value of the house and garage and immediately surrounding one 
226.8   acre of land has the same class rates as class 1a property under 
226.9   subdivision 22.  The value of the remaining land including 
226.10  improvements up to and including $600,000 market value has a net 
226.11  class rate of 0.55 percent of market value.  The remaining 
226.12  property over $600,000 market value has a class rate of one 
226.13  percent of market value. 
226.14     (b) Class 2b property is (1) real estate, rural in 
226.15  character and used exclusively for growing trees for timber, 
226.16  lumber, and wood and wood products; (2) real estate that is not 
226.17  improved with a structure and is used exclusively for growing 
226.18  trees for timber, lumber, and wood and wood products, if the 
226.19  owner has participated or is participating in a cost-sharing 
226.20  program for afforestation, reforestation, or timber stand 
226.21  improvement on that particular property, administered or 
226.22  coordinated by the commissioner of natural resources; (3) real 
226.23  estate that is nonhomestead agricultural land; or (4) a landing 
226.24  area or public access area of a privately owned public use 
226.25  airport.  Class 2b property has a net class rate of one percent 
226.26  of market value. 
226.27     (c) Agricultural land as used in this section means 
226.28  contiguous acreage of ten acres or more, used during the 
226.29  preceding year for agricultural purposes.  "Agricultural 
226.30  purposes" as used in this section means the raising or 
226.31  cultivation of agricultural products or enrollment in the 
226.32  Reinvest in Minnesota program under sections 103F.501 to 
226.33  103F.535 or the federal Conservation Reserve Program as 
226.34  contained in Public Law Number 99-198.  Contiguous acreage on 
226.35  the same parcel, or contiguous acreage on an immediately 
226.36  adjacent parcel under the same ownership, may also qualify as 
227.1   agricultural land, but only if it is pasture, timber, waste, 
227.2   unusable wild land, or land included in state or federal farm 
227.3   programs.  Agricultural classification for property shall be 
227.4   determined excluding the house, garage, and immediately 
227.5   surrounding one acre of land, and shall not be based upon the 
227.6   market value of any residential structures on the parcel or 
227.7   contiguous parcels under the same ownership. 
227.8      (d) Real estate, excluding the house, garage, and 
227.9   immediately surrounding one acre of land, of less than ten acres 
227.10  which is exclusively and intensively used for raising or 
227.11  cultivating agricultural products, shall be considered as 
227.12  agricultural land.  
227.13     Land shall be classified as agricultural even if all or a 
227.14  portion of the agricultural use of that property is the leasing 
227.15  to, or use by another person for agricultural purposes. 
227.16     Classification under this subdivision is not determinative 
227.17  for qualifying under section 273.111. 
227.18     The property classification under this section supersedes, 
227.19  for property tax purposes only, any locally administered 
227.20  agricultural policies or land use restrictions that define 
227.21  minimum or maximum farm acreage. 
227.22     (e) The term "agricultural products" as used in this 
227.23  subdivision includes production for sale of:  
227.24     (1) livestock, dairy animals, dairy products, poultry and 
227.25  poultry products, fur-bearing animals, horticultural and nursery 
227.26  stock described in sections 18.44 to 18.61, fruit of all kinds, 
227.27  vegetables, forage, grains, bees, and apiary products by the 
227.28  owner; 
227.29     (2) fish bred for sale and consumption if the fish breeding 
227.30  occurs on land zoned for agricultural use; 
227.31     (3) the commercial boarding of horses if the boarding is 
227.32  done in conjunction with raising or cultivating agricultural 
227.33  products as defined in clause (1); 
227.34     (4) property which is owned and operated by nonprofit 
227.35  organizations used for equestrian activities, excluding racing; 
227.36     (5) game birds and waterfowl bred and raised for use on a 
228.1   shooting preserve licensed under section 97A.115; 
228.2      (6) insects primarily bred to be used as food for animals; 
228.3      (7) trees, grown for sale as a crop, and not sold for 
228.4   timber, lumber, wood, or wood products; and 
228.5      (8) maple syrup taken from trees grown by a person licensed 
228.6   by the Minnesota department of agriculture under chapter 28A as 
228.7   a food processor. 
228.8      (f) If a parcel used for agricultural purposes is also used 
228.9   for commercial or industrial purposes, including but not limited 
228.10  to:  
228.11     (1) wholesale and retail sales; 
228.12     (2) processing of raw agricultural products or other goods; 
228.13     (3) warehousing or storage of processed goods; and 
228.14     (4) office facilities for the support of the activities 
228.15  enumerated in clauses (1), (2), and (3), 
228.16  the assessor shall classify the part of the parcel used for 
228.17  agricultural purposes as class 1b, 2a, or 2b, whichever is 
228.18  appropriate, and the remainder in the class appropriate to its 
228.19  use.  The grading, sorting, and packaging of raw agricultural 
228.20  products for first sale is considered an agricultural purpose.  
228.21  A greenhouse or other building where horticultural or nursery 
228.22  products are grown that is also used for the conduct of retail 
228.23  sales must be classified as agricultural if it is primarily used 
228.24  for the growing of horticultural or nursery products from seed, 
228.25  cuttings, or roots and occasionally as a showroom for the retail 
228.26  sale of those products.  Use of a greenhouse or building only 
228.27  for the display of already grown horticultural or nursery 
228.28  products does not qualify as an agricultural purpose.  
228.29     The assessor shall determine and list separately on the 
228.30  records the market value of the homestead dwelling and the one 
228.31  acre of land on which that dwelling is located.  If any farm 
228.32  buildings or structures are located on this homesteaded acre of 
228.33  land, their market value shall not be included in this separate 
228.34  determination.  
228.35     (g) To qualify for classification under paragraph (b), 
228.36  clause (4), a privately owned public use airport must be 
229.1   licensed as a public airport under section 360.018.  For 
229.2   purposes of paragraph (b), clause (4), "landing area" means that 
229.3   part of a privately owned public use airport properly cleared, 
229.4   regularly maintained, and made available to the public for use 
229.5   by aircraft and includes runways, taxiways, aprons, and sites 
229.6   upon which are situated landing or navigational aids.  A landing 
229.7   area also includes land underlying both the primary surface and 
229.8   the approach surfaces that comply with all of the following:  
229.9      (i) the land is properly cleared and regularly maintained 
229.10  for the primary purposes of the landing, taking off, and taxiing 
229.11  of aircraft; but that portion of the land that contains 
229.12  facilities for servicing, repair, or maintenance of aircraft is 
229.13  not included as a landing area; 
229.14     (ii) the land is part of the airport property; and 
229.15     (iii) the land is not used for commercial or residential 
229.16  purposes. 
229.17  The land contained in a landing area under paragraph (b), clause 
229.18  (4), must be described and certified by the commissioner of 
229.19  transportation.  The certification is effective until it is 
229.20  modified, or until the airport or landing area no longer meets 
229.21  the requirements of paragraph (b), clause (4).  For purposes of 
229.22  paragraph (b), clause (4), "public access area" means property 
229.23  used as an aircraft parking ramp, apron, or storage hangar, or 
229.24  an arrival and departure building in connection with the airport.
229.25     Sec. 46.  [FEEDLOT ENVIRONMENT REVIEW STUDY; REPORT.] 
229.26     The environmental quality board shall conduct a study 
229.27  identifying and evaluating information pertaining to 
229.28  environmental review of feedlots of fewer than 1,000 animal 
229.29  units in Minnesota that must include: 
229.30     (1) significant issues that have been raised during the 
229.31  environmental review process; 
229.32     (2) avoidance, mitigation, and treatment that resulted from 
229.33  consideration of environmental impacts; and 
229.34     (3) an assessment of the impact of Minnesota Statutes, 
229.35  section 116D.04, subdivision 2a, paragraph (d), on public 
229.36  participation. 
230.1      The study shall also examine the process of public 
230.2   notifications, hearings, and opportunities for local residents 
230.3   and property owners to provide input under the pollution control 
230.4   agency's feedlot rules permitting process. 
230.5      The board shall report by January 15, 2004, to the 
230.6   committees of the house of representatives and the senate with 
230.7   jurisdiction over agricultural, environmental, and judiciary 
230.8   policy, and agricultural finance on the results of the study. 
230.9      Sec. 47.  [REPEALER.] 
230.10     Minnesota Statutes 2002, sections 17.110; 18B.05, 
230.11  subdivision 2; 37.26; 41A.09, subdivisions 1, 5a, 6, 7, and 8, 
230.12  are repealed. 
230.13                             ARTICLE 4
230.14             PLANT PROTECTION AND EXPORT CERTIFICATION 
230.15     Section 1.  [18G.01] [PLANT PROTECTION; POWERS OF 
230.16  COMMISSIONER OF AGRICULTURE.] 
230.17     (a) This chapter authorizes the commissioner to abate, 
230.18  suppress, eradicate, prevent, or otherwise regulate the 
230.19  introduction or establishment of plant pests that threaten 
230.20  Minnesota's agricultural, forest, or horticultural interests or 
230.21  the general ecological quality of the state. 
230.22     (b) The commissioner may employ entomologists, plant 
230.23  pathologists, and other qualified employees necessary to 
230.24  administer and enforce this chapter. 
230.25     Sec. 2.  [18G.02] [DEFINITIONS.] 
230.26     Subdivision 1.  [SCOPE.] The definitions in this section 
230.27  apply to this chapter. 
230.28     Subd. 2.  [BIOLOGICAL CONTROL AGENT.] "Biological control 
230.29  agent" means a parasite, predator, pathogen, or competitive 
230.30  organism intentionally released by humans for the purpose of 
230.31  biological control with the intent of causing a reduction of a 
230.32  host or prey population. 
230.33     Subd. 3.  [CERTIFICATE.] "Certificate" means a document 
230.34  authorized or prepared by a federal or state regulatory official 
230.35  that affirms, declares, or verifies that an article, plant, 
230.36  product, shipment, or other officially regulated item meets 
231.1   phytosanitary, nursery inspection, pest freedom, plant 
231.2   registration or certification, or other legal requirements. 
231.3      Subd. 4.  [CERTIFICATION.] "Certification" means a 
231.4   regulatory official's act of affirming, declaring, or verifying 
231.5   compliance with phytosanitary, nursery inspection, pest freedom, 
231.6   plant registration or certification, or other legal requirements.
231.7      Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
231.8   commissioner of agriculture or the commissioner's designated 
231.9   employee, representative, or agent. 
231.10     Subd. 6.  [COMPLIANCE AGREEMENT.] "Compliance agreement" 
231.11  means a written agreement between a person and a regulatory 
231.12  agency to achieve compliance with regulatory requirements. 
231.13     Subd. 7.  [CONVEYANCE.] "Conveyance" is a means of 
231.14  transportation. 
231.15     Subd. 8.  [DEPARTMENT.] "Department" means the department 
231.16  of agriculture. 
231.17     Subd. 9.  [EMERGENCY REGULATION.] "Emergency regulation" 
231.18  means a regulation placed in effect by the commissioner without 
231.19  prior public notice in order to take necessary and immediate 
231.20  regulatory action. 
231.21     Subd. 10.  [ERADICATION.] "Eradication" means elimination 
231.22  of a pest from a defined geographic area.  
231.23     Subd. 11.  [EXOTIC SPECIES.] "Exotic species" means a 
231.24  species that is not native to the area.  Exotic species also 
231.25  means a species occurring outside its natural range. 
231.26     Subd. 12.  [HARMFUL PLANT PEST.] "Harmful plant pest" means 
231.27  a plant pest that constitutes a significant threat to the 
231.28  agricultural, forest, or horticultural interests of Minnesota or 
231.29  the general environmental quality of the state. 
231.30     Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
231.31     (1) contaminated with pathogenic microorganisms; 
231.32     (2) being parasitized; 
231.33     (3) a host or carrier of an infectious, transmissible, or 
231.34  contagious pest; or 
231.35     (4) so exposed to a plant listed in clause (1), (2), or (3) 
231.36  that one of those conditions can reasonably be expected to exist 
232.1   and the plant may also pose a risk of contamination to other 
232.2   plants or the environment. 
232.3      Subd. 14.  [INFESTED.] "Infested" means a plant has been 
232.4   overrun by plant pests, including weeds. 
232.5      Subd. 15.  [INVASIVE SPECIES.] "Invasive species" means an 
232.6   exotic or nonnative species whose introduction and establishment 
232.7   causes, or may cause, economic or environmental harm or harm to 
232.8   human health. 
232.9      Subd. 16.  [MARK.] "Mark" means an official indicator 
232.10  affixed by the commissioner for purposes of identification or 
232.11  separation, to, on, around, or near, plants or plant material 
232.12  known or suspected to be infected with a plant pest.  This 
232.13  includes, but is not limited to, paint, markers, tags, seals, 
232.14  stickers, tape, ribbons, signs, or placards. 
232.15     Subd. 17.  [NURSERY STOCK.] "Nursery stock" means a plant 
232.16  intended for planting or propagation, including, but not limited 
232.17  to, trees, shrubs, vines, perennials, biennials, grafts, 
232.18  cuttings, and buds that may be sold for propagation, whether 
232.19  cultivated or wild, and all viable parts of these plants.  
232.20  Nursery stock does not include: 
232.21     (1) field and forage crops; 
232.22     (2) the seeds of grasses, cereal grains, vegetable crops, 
232.23  and flowers; 
232.24     (3) vegetable plants, bulbs, or tubers; 
232.25     (4) cut flowers, unless stems or other portions are 
232.26  intended for propagation; 
232.27     (5) annuals; or 
232.28     (6) Christmas trees. 
232.29     Subd. 18.  [OWNER.] "Owner" includes, but is not limited 
232.30  to, the person with the legal right of possession, 
232.31  proprietorship of, or responsibility for the property or place 
232.32  where any of the articles regulated in this chapter are found, 
232.33  or the person who is in possession of, proprietorship of, or has 
232.34  responsibility for the regulated articles. 
232.35     Subd. 19.  [PERMIT.] "Permit" means a document issued by a 
232.36  regulatory official that allows the movement of any regulated 
233.1   item from one location to another in accordance with specified 
233.2   conditions or requirements and for a specified purpose. 
233.3      Subd. 20.  [PERSON.] "Person" means an individual, firm, 
233.4   corporation, partnership, association, trust, joint stock 
233.5   company, or unincorporated organization; the state; a state 
233.6   agency; or a political subdivision. 
233.7      Subd. 21.  [PEST.] "Pest" means any living agent capable of 
233.8   reproducing itself that causes or may potentially cause harm to 
233.9   plants or other biotic organisms. 
233.10     Subd. 22.  [PHYTOSANITARY CERTIFICATE OR EXPORT 
233.11  CERTIFICATE.] "Phytosanitary certificate" or "export certificate"
233.12  means a document authorized or prepared by a duly authorized 
233.13  federal or state official that affirms, declares, or verifies 
233.14  that an article, nursery stock, plant, plant product, shipment, 
233.15  or any other officially regulated article meets applicable, 
233.16  legally established, plant pest regulations, including this 
233.17  chapter. 
233.18     Subd. 23.  [PLANT.] "Plant" means a plant, plant product, 
233.19  plant part, or reproductive or propagative part of a plant, 
233.20  plant product, or plant part, including all growing media, 
233.21  packing material, or containers associated with the plant, plant 
233.22  part, or plant product. 
233.23     Subd. 24.  [PLANT PEST.] "Plant pest" includes, but is not 
233.24  limited to, an invasive species or any pest of plants, 
233.25  agricultural commodities, horticultural products, nursery stock, 
233.26  or noncultivated plants by organisms such as insects, snails, 
233.27  nematodes, fungi, viruses, bacterium, microorganisms, 
233.28  mycoplasma-like organisms, weeds, plants, and parasitic plants. 
233.29     Subd. 25.  [PRECLEARANCE.] "Preclearance" means an 
233.30  agreement between quarantine officials of exporting and 
233.31  importing states to pass plants, plant material, or other items 
233.32  through quarantine by allowing the exporting state to inspect 
233.33  the plants preshipment, rather than the importing state 
233.34  inspecting the shipment upon arrival. 
233.35     Subd. 26.  [PUBLIC NUISANCE.] "Public nuisance" means: 
233.36     (1) a plant, appliance, conveyance, or article that is 
234.1   infested with plant pests that may cause significant damage or 
234.2   harm; or 
234.3      (2) premises where a plant pest is found. 
234.4      Subd. 27.  [QUARANTINE.] "Quarantine" means an enforced 
234.5   isolation or restriction of free movement of plants, plant 
234.6   material, animals, animal products, or any article or material 
234.7   in order to treat, control, or eradicate a plant pest. 
234.8      Subd. 28.  [REGULATED ARTICLE.] "Regulated article" means 
234.9   any item, the movement of which is governed by quarantine or 
234.10  this chapter. 
234.11     Subd. 29.  [REGULATED NONQUARANTINE PEST.] "Regulated 
234.12  nonquarantine pest" means a plant pest that has not been 
234.13  quarantined by state or federal agencies and whose presence in 
234.14  plants or articles may pose an unacceptable risk to nursery 
234.15  stock, other plants, the environment, or human activities. 
234.16     Subd. 30.  [SIGNIFICANT DAMAGE OR HARM.] "Significant 
234.17  damage" or "harm" means a level of adverse impact that results 
234.18  in economic damage, injury, or loss that exceeds the cost of 
234.19  control for a particular crop. 
234.20     Sec. 3.  [18G.03] [POWERS AND DUTIES OF COMMISSIONER.] 
234.21     Subdivision 1.  [ENTRY AND INSPECTION.] (a) The 
234.22  commissioner may enter and inspect a public or private place 
234.23  that might harbor plant pests and may require that the owner 
234.24  destroy or treat plant pests, plants, or other material. 
234.25     (b) If the owner fails to properly comply with a directive 
234.26  of the commissioner, the commissioner may have any necessary 
234.27  work done at the owner's expense.  The commissioner shall notify 
234.28  the owner of the deadline for paying those expenses.  If the 
234.29  owner does not reimburse the commissioner for an expense within 
234.30  a time specified by the commissioner, the expense is a charge 
234.31  upon the county as provided in subdivision 4. 
234.32     (c) If a dangerous plant pest infestation or infection 
234.33  threatens plants of an area in the state, the commissioner may 
234.34  take any measures necessary to eliminate or alleviate the danger.
234.35     (d) The commissioner may collect fees required by this 
234.36  chapter. 
235.1      (e) The commissioner may issue and enforce a written or 
235.2   printed "stop-sale" order to the owner or custodian of any 
235.3   plants or articles infested or infected with dangerously 
235.4   injurious plant pests. 
235.5      Subd. 2.  [RULES.] The commissioner may adopt rules to 
235.6   carry out the purposes of this chapter.  
235.7      Subd. 3.  [QUARANTINE.] The commissioner may impose a 
235.8   quarantine to restrict or prohibit the transportation or 
235.9   distribution of plants or other materials capable of carrying 
235.10  plant pests into or through any part of this state. 
235.11     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR 
235.12  OWNER.] If the commissioner incurs an expense in conjunction 
235.13  with carrying out subdivision 1 and is not reimbursed by the 
235.14  owner of the land, the expense is a legal charge against the 
235.15  land.  After the expense is incurred, the commissioner shall 
235.16  file verified and itemized statements of the cost of all 
235.17  services rendered with the county auditor of the county in which 
235.18  the land is located.  The county auditor shall place a lien in 
235.19  favor of the commissioner against the land involved, which must 
235.20  be certified by the county auditor and collected according to 
235.21  section 429.101. 
235.22     Sec. 4.  [18G.04] [ERADICATION, CONTROL, AND ABATEMENT OF 
235.23  NUISANCES; ISSUING CONTROL ORDERS.] 
235.24     Subdivision 1.  [PUBLIC NUISANCE.] Any premises, plant, 
235.25  appliance, conveyance, or article that is infected or infested 
235.26  with plant pests that may cause significant damage or harm and 
235.27  any premises where any plant pest is found is a public nuisance 
235.28  and must be prosecuted as a public nuisance in all actions and 
235.29  proceedings.  All legal remedies for the prevention and 
235.30  abatement of a nuisance apply to a public nuisance under this 
235.31  section.  It is unlawful for any person to maintain a public 
235.32  nuisance. 
235.33     Subd. 2.  [CONTROL ORDER.] In order to prevent the 
235.34  introduction or spread of harmful or dangerous plant pests, the 
235.35  commissioner may issue orders for necessary control measures. 
235.36  These orders may indicate the type of specific control to be 
236.1   used, the compound or material, the manner or the time of 
236.2   application, and who is responsible for carrying out the control 
236.3   order.  Control orders may include directions to control or 
236.4   abate the plant pest to an acceptable level; eradicate the plant 
236.5   pest; restrict the movement of the plant pest or any material, 
236.6   article, appliance, plant, or means of conveyance suspected to 
236.7   be carrying the plant pest; or destroy plants or plant products 
236.8   infested or infected with a plant pest.  Material suspected of 
236.9   being infested or infected with a plant pest may be confiscated 
236.10  by the commissioner. 
236.11     Sec. 5.  [18G.05] [DISCOVERY OF PLANT PESTS; OFFICIAL 
236.12  MARKING OF INFESTED OR INFECTED ARTICLES.] 
236.13     Upon knowledge of the existence of a dangerous or injurious 
236.14  plant pest or invasive species within the state, the 
236.15  commissioner may conspicuously mark all plants, infested areas, 
236.16  materials, and articles known or suspected to be infected or 
236.17  infested with the plant pest or invasive species.  Persons, 
236.18  owners, or tenants in possession of the premises or area in 
236.19  which the existence of the plant pest or invasive species is 
236.20  suspected must be notified by the commissioner with prescribed 
236.21  control measures.  A person must comply with the commissioner's 
236.22  control order within the prescribed time.  If the commissioner 
236.23  determines that satisfactory control or mitigation of the pest 
236.24  has been achieved, the order must be released. 
236.25     Sec. 6.  [18G.06] [ESTABLISHMENT OF QUARANTINE 
236.26  RESTRICTIONS.] 
236.27     Subdivision 1.  [SCOPE.] The commissioner may impose a 
236.28  quarantine restricting or regulating the production, movement, 
236.29  or existence of plants, plant products, agricultural 
236.30  commodities, crop seed, farm products, or other articles or 
236.31  materials in order that the introduction or spread of a plant 
236.32  pest may be prevented or limited or an existing plant pest may 
236.33  be controlled or eradicated. 
236.34     Subd. 2.  [QUARANTINE NOTICE.] (a) The commissioner may 
236.35  issue orders to take prompt regulatory action in plant pest 
236.36  emergencies on regulated articles.  If continuing quarantine 
237.1   action is required, a formal quarantine may be imposed.  Orders 
237.2   may be issued to retain necessary quarantine action on a few 
237.3   properties if eradication treatments have been applied and 
237.4   continuing quarantine action is no longer necessary for the 
237.5   majority of the regulated area. 
237.6      (b) The commissioner may place an emergency regulation or 
237.7   quarantine in effect without prior public notice in order to 
237.8   take immediate regulatory action to prevent the introduction or 
237.9   establishment of a plant pest. 
237.10     (c) The commissioner may enter into cooperative agreements 
237.11  with the United States Department of Agriculture and other 
237.12  federal, state, city, or county agencies to assist in the 
237.13  enforcement of federal quarantines.  The commissioner may adopt 
237.14  a quarantine or regulation against a pest or an area not covered 
237.15  by a federal quarantine.  The commissioner may seize, destroy, 
237.16  or require treatment of products moved from a federally 
237.17  regulated area if they were not moved in accordance with the 
237.18  federal quarantine regulations or, if certified, they were found 
237.19  to be infested with the pest organism. 
237.20     (d) The commissioner may impose a quarantine against a 
237.21  plant pest that is not quarantined in other states to prevent 
237.22  the spread of the plant pest within this state.  The 
237.23  commissioner may enact a quarantine against a plant pest of 
237.24  regional or national significance even when no federal domestic 
237.25  quarantine has been adopted.  These quarantines regulate 
237.26  intrastate movement between quarantined and nonquarantined areas 
237.27  of this state.  The commissioner may enact a parallel state 
237.28  quarantine if there is a federal quarantine applied to a portion 
237.29  of the state. 
237.30     (e) The commissioner may impose a state exterior quarantine 
237.31  if the plant pest is not established in this state but is 
237.32  established in other states.  State exterior quarantines may be 
237.33  enacted even if no federal domestic quarantine has been 
237.34  adopted.  The commissioner may issue control orders at 
237.35  destinations necessary to prevent the introduction or spread of 
237.36  plant pests. 
238.1      Subd. 3.  [DESCRIPTION OF REGULATED AREAS.] (a) The 
238.2   regulated area to be described in a quarantine may involve the 
238.3   entire state, portions of the state, or certain names and 
238.4   locations of infested properties. 
238.5      (b) Regulated quarantine areas may be subdivided into 
238.6   suppression areas and generally infested areas if it is 
238.7   desirable to control movement into suppression areas from 
238.8   generally infested areas. 
238.9      (c) Quarantine provisions or areas regulated may be amended 
238.10  by the commissioner through publication of a notice to that 
238.11  effect in local newspapers or through direct written notice to 
238.12  affected property owners. 
238.13     (d) If an infestation in a specific regulated area has been 
238.14  eliminated to the extent that movement of the regulated articles 
238.15  no longer present a pest risk, the quarantine in that area may 
238.16  be removed.  The commissioner may also exempt areas from 
238.17  specified requirements until eradication has been achieved. 
238.18     Subd. 4.  [MOVEMENT OF REGULATED ARTICLES.] (a) A regulated 
238.19  article may be refused entry into this state if it is prohibited 
238.20  or is required to be certified and comes from an area regulated 
238.21  by a state or federal quarantine.  The owner or carrier of 
238.22  regulated articles that are reportedly originating in 
238.23  nonregulated areas of a quarantined state must provide proof of 
238.24  origin of the regulated articles.  An invoice, waybill, or other 
238.25  shipping document satisfactory to the receiving state regulatory 
238.26  official is acceptable as proof of origin. 
238.27     (b) Certificates or permits are required for the movement 
238.28  of regulated articles from a regulated area to any point outside 
238.29  the regulated area.  Certificates or permits are not required 
238.30  for a regulated article originating outside of a regulated area 
238.31  moving to another nonregulated area or moving through or 
238.32  reshipped from a regulated area when the point of origin of the 
238.33  article is clearly indicated on a waybill, bill of lading, 
238.34  shipper's invoice, or other similar document accompanying the 
238.35  shipment.  Shipments moving through or being reshipped from a 
238.36  regulated area must be safeguarded against infestation while 
239.1   within the regulated area. 
239.2      Subd. 5.  [PUBLIC NOTIFICATION OF A STATE QUARANTINE OR 
239.3   EMERGENCY REGULATION.] (a) For pest threats of imminent concern, 
239.4   the commissioner may declare an emergency quarantine or enact 
239.5   emergency orders. 
239.6      (b) If circumstances permit, public notice and a public 
239.7   hearing must be held to solicit comments regarding the proposed 
239.8   state quarantine.  If a pest threat is of imminent concern and 
239.9   there is insufficient time to allow full public comment on the 
239.10  proposed quarantine, the commissioner may impose an emergency 
239.11  quarantine until a state quarantine can be implemented. 
239.12     (c) Upon establishment of a state quarantine, and upon 
239.13  institution of modifications or repeal, notices must be sent to 
239.14  the principal parties of interest, including federal and state 
239.15  authorities, and to organizations representing the public 
239.16  involved in the restrictive measures. 
239.17     Subd. 6.  [QUARANTINE REPEAL.] A quarantine may be repealed 
239.18  when its purpose has been accomplished.  If a quarantine has 
239.19  attained its objective or if the progress of events has clearly 
239.20  proved that attainment is not possible by the restrictions 
239.21  adopted, a quarantine may be modified or repealed. 
239.22     Sec. 7.  [18G.07] [TREE CARE AND TREE TRIMMING COMPANY 
239.23  REGISTRY.] 
239.24     Subdivision 1. [CREATION OF REGISTRY.] The commissioner 
239.25  shall maintain a list of all persons and companies that provide 
239.26  tree care or tree trimming services in Minnesota.  All tree care 
239.27  providers, tree trimmers, and persons who remove trees, limbs, 
239.28  branches, brush, or shrubs for hire must provide the following 
239.29  information to the commissioner: 
239.30     (1) accurate and up-to-date business name, address, and 
239.31  telephone number; 
239.32     (2) a complete list of all Minnesota counties in which they 
239.33  work; and 
239.34     (3) a complete list of persons in the business who are 
239.35  certified by the International Society of Arborists. 
239.36     Subd. 2.  [INFORMATION DISSEMINATION.] The commissioner 
240.1   shall provide registered tree care companies with information 
240.2   and data regarding any existing or potential regulated forest 
240.3   pest infestations within the state. 
240.4      Sec. 8.  [18G.09] [SHIPMENT OF PLANT PESTS AND BIOLOGICAL 
240.5   CONTROL AGENTS.] 
240.6      Shipment, introduction into, or release in Minnesota of (1) 
240.7   a plant pest, noxious weed, or other organism that may directly 
240.8   or indirectly affect Minnesota's plant life as a harmful or 
240.9   dangerous pest, parasite, or predator of other organisms, or (2) 
240.10  an arthropod, is prohibited, except under permit issued by the 
240.11  commissioner. 
240.12     No person may sell, offer for sale, move, convey, 
240.13  transport, deliver, ship, or offer for shipment any plant pest, 
240.14  or biological control agent without a permit from the United 
240.15  States Department of Agriculture, Animal and Plant Health 
240.16  Inspection Service or its state equivalent.  A permit may be 
240.17  issued only after the commissioner determines that the proposed 
240.18  shipment or use will not create a hazard to the agricultural, 
240.19  forest, or horticultural interests of this state or the state's 
240.20  general environmental quality.  For interstate movement, the 
240.21  permit must be affixed conspicuously to the exterior of each 
240.22  shipping container, box, package, or appliance; accompany each 
240.23  shipping container, box, package, or appliance; or comply with 
240.24  other directions of the commissioner.  This section does not 
240.25  apply to intrastate shipments of federal or state approved 
240.26  biological control agents used in this state for control of 
240.27  plant pests.  Shipping containers must be escape-proof and the 
240.28  commissioner shall specify labeling and shipping protocols. 
240.29     Sec. 9.  [18G.10] [EXPORT CERTIFICATION, INSPECTIONS, 
240.30  CERTIFICATES, PERMITS, AND FEES.] 
240.31     Subdivision 1.  [PURPOSE.] To ensure continued access to 
240.32  foreign and domestic markets, the commissioner shall provide 
240.33  inspection and certification services to ensure that appropriate 
240.34  phytosanitary restrictions or requirements are fully met. 
240.35     Subd. 2.  [DISPOSITION AND USE OF MONEY RECEIVED.] All fees 
240.36  and penalties collected under this chapter and interest 
241.1   attributable to the money in the account must be deposited in 
241.2   the state treasury and credited to the nursery and phytosanitary 
241.3   account in the agricultural fund.  Money in the account, 
241.4   including interest earned, is appropriated to the commissioner 
241.5   for the administration and enforcement of this chapter. 
241.6      Subd. 3.  [COOPERATIVE AGREEMENTS.] The commissioner may 
241.7   enter into cooperative agreements with federal and state 
241.8   agencies for administration of the export certification 
241.9   program.  An exporter of plants or plant products desiring to 
241.10  originate shipments from Minnesota to a foreign country 
241.11  requiring a phytosanitary certificate or export certificate must 
241.12  submit an application to the commissioner. 
241.13     Subd. 4.  [PHYTOSANITARY AND EXPORT 
241.14  CERTIFICATES.] Application for phytosanitary certificates or 
241.15  export certificates must be made on forms provided or approved 
241.16  by the commissioner.  The commissioner shall conduct inspections 
241.17  of plants, plant products, or facilities for persons that have 
241.18  applied for or intend to apply for a phytosanitary certificate 
241.19  or export certificate from the commissioner.  Inspections must 
241.20  include one or more of the following as requested or required: 
241.21     (1) an inspection of the plants or plant products intended 
241.22  for export under a phytosanitary certificate or export 
241.23  certificate; 
241.24     (2) field inspections of growing plants to determine 
241.25  presence or absence of plant diseases, if necessary; 
241.26     (3) laboratory diagnosis for presence or absence of plant 
241.27  diseases, if necessary; 
241.28     (4) observation and evaluation of procedures and facilities 
241.29  utilized in handling plants and plant products, if necessary; 
241.30  and 
241.31     (5) review of United States Department of Agriculture, 
241.32  Federal Grain Inspection Service Official Export Grain 
241.33  Inspection Certificate logs. 
241.34     The commissioner may issue a phytosanitary certificate or 
241.35  export certificate if the plants or plant products 
241.36  satisfactorily meet the requirements of the importing foreign 
242.1   country and the United States Department of Agriculture 
242.2   requirements.  The requirements of the destination countries 
242.3   must be met by the applicant. 
242.4      Subd. 5.  [CERTIFICATE FEES.] (a) The commissioner shall 
242.5   assess the fees in paragraphs (b) to (f) for the inspection, 
242.6   service, and work performed in carrying out the issuance of a 
242.7   phytosanitary certificate or export certificate.  The inspection 
242.8   fee must be based on mileage and inspection time. 
242.9      (b) Mileage charge:  current United States Internal Revenue 
242.10  Service mileage rate. 
242.11     (c) Inspection time:  $50 per hour minimum or fee necessary 
242.12  to cover department costs.  Inspection time includes the driving 
242.13  time to and from the location in addition to the time spent 
242.14  conducting the inspection. 
242.15     (d) A fee must be charged for any certificate issued that 
242.16  requires laboratory analysis before issuance.  The fee must be 
242.17  deposited into the laboratory account as authorized in section 
242.18  17.85. 
242.19     (e) Certificate fee for product value greater than $250:  
242.20  $75 for each phytosanitary or export certificate issued for any 
242.21  single shipment valued at more than $250 in addition to any 
242.22  mileage or inspection time charges that are assessed. 
242.23     (f) Certificate fee for product value less than $250:  $25 
242.24  for each phytosanitary or export certificate issued for any 
242.25  single shipment valued at less than $250 in addition to any 
242.26  mileage or inspection time charges that are assessed. 
242.27     Subd. 6.  [CERTIFICATE DENIAL OR CANCELLATION.] The 
242.28  commissioner may deny or cancel the issuance of a phytosanitary 
242.29  or export certificate for any of the following reasons: 
242.30     (1) failure of the plants or plant products to meet 
242.31  quarantine, regulations, and requirements imposed by the country 
242.32  for which the phytosanitary or export certificate is being 
242.33  requested; 
242.34     (2) failure to completely or accurately provide the 
242.35  information requested on the application form; 
242.36     (3) failure to ship the exact plants or plant products 
243.1   which were inspected and approved; or 
243.2      (4) failure to pay any fees or costs due the commissioner. 
243.3      Subd. 7.  [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 
243.4   PERMITS, AND FEES.] (a) The commissioner may provide inspection, 
243.5   sampling, or certification services to ensure that Minnesota 
243.6   plant products or commodities meet import requirements of other 
243.7   states or countries. 
243.8      (b) The state plant regulatory official may issue permits 
243.9   and certificates verifying that various Minnesota agricultural 
243.10  products or commodities meet specified phytosanitary 
243.11  requirements, treatment requirements, or pest absence assurances 
243.12  based on determinations by the commissioner.  The commissioner 
243.13  may collect fees sufficient to recover costs for these permits 
243.14  or certificates.  The fees must be deposited in the nursery and 
243.15  phytosanitary account. 
243.16     Sec. 10.  [18G.11] [COOPERATION WITH OTHER JURISDICTIONS.] 
243.17     The commissioner may enter into cooperative agreements with 
243.18  organizations, persons, civic groups, governmental agencies, or 
243.19  other organizations to adopt and execute plans to detect and 
243.20  control areas infested or infected with harmful plant pests.  
243.21  The cooperative agreements may include provisions of joint 
243.22  funding of any control treatment. 
243.23     If a harmful plant pest infestation or infection occurs and 
243.24  cannot be adequately controlled by individual persons, owners, 
243.25  tenants, or local units of government, the commissioner may 
243.26  conduct the necessary control measures independently or on a 
243.27  cooperative basis with federal or other units of government. 
243.28     Sec. 11.  [18G.12] [INVASIVE SPECIES MANAGEMENT AND 
243.29  INVESTIGATION.] 
243.30     Subdivision 1.  [PLANT PEST AND INVASIVE SPECIES RESEARCH.] 
243.31  The commissioner shall conduct research to prevent the 
243.32  introduction or spread of invasive species and plant pests into 
243.33  the state and to investigate the feasibility of their control or 
243.34  eradication. 
243.35     Subd. 2.  [STATEWIDE PROGRAM.] The commissioner shall 
243.36  establish a statewide program to prevent the introduction and 
244.1   the spread of harmful plant pest and terrestrial invasive 
244.2   species.  To the extent possible, the program must provide 
244.3   coordination of efforts among governmental entities and private 
244.4   organizations. 
244.5      Subd. 3.  [INVASIVE SPECIES MANAGEMENT PLAN.] The 
244.6   commissioner shall prepare and maintain a long-term terrestrial 
244.7   invasive species management plan which may include specific 
244.8   plans for individual species.  The plan must address: 
244.9      (1) coordination strategies for detection and prevention of 
244.10  accidental introductions; 
244.11     (2) methods to disseminate information about harmful 
244.12  invasive species to the general public and appropriate 
244.13  agricultural and resource management agencies or organizations; 
244.14     (3) coordination of control efforts for selected harmful 
244.15  terrestrial invasive species; and 
244.16     (4) participation by local units of government and other 
244.17  state and federal agencies in the development and implementation 
244.18  of local management efforts. 
244.19     Subd. 4.  [REGIONAL COOPERATION.] The commissioner shall 
244.20  seek cooperation with other states and Canadian provinces for 
244.21  the purposes of management and control of harmful invasive 
244.22  species. 
244.23     Subd. 5.  [INVASIVE SPECIES ANNUAL REPORT.] By January 15 
244.24  of each year, the commissioner shall submit a report on harmful 
244.25  terrestrial invasive species to the chairs of the legislative 
244.26  committees having jurisdiction over environmental and 
244.27  agricultural resource issues.  The report must include: 
244.28     (1) detailed information on expenditures for 
244.29  administration, education, management, inspections, surveys, and 
244.30  research; 
244.31     (2) an overview of accomplishments achieved during the 
244.32  prior calendar year; 
244.33     (3) an analysis of the effectiveness of management 
244.34  activities; 
244.35     (4) information related to the participation of other state 
244.36  and local units of government; 
245.1      (5) information about shade tree protection efforts and 
245.2   results; 
245.3      (6) an assessment of future management needs; and 
245.4      (7) proposed goals for the coming year. 
245.5      Sec. 12.  [18G.13] [LOCAL PEST CONTROL.] 
245.6      Subdivision 1.  [PURPOSE.] The purpose of this section is 
245.7   to authorize political subdivisions to establish and fund their 
245.8   own programs to control pests that are likely to cause economic 
245.9   or environmental harm or harm to human health. 
245.10     Subd. 2.  [CONTROL.] The governing body of a county, city, 
245.11  or town may appropriate money to control native or exotic pests. 
245.12     Subd. 3.  [COST.] The governing body of the political 
245.13  subdivision may levy a tax on the taxable property within the 
245.14  subdivision to defray the cost of the activities authorized 
245.15  under subdivision 2. 
245.16     Subd. 4.  [CERTIFICATES OF INDEBTEDNESS.] To provide funds 
245.17  for activities authorized in subdivision 2 in advance of 
245.18  collection of the tax under subdivision 3, the governing body 
245.19  may, after the tax has been levied and certified to the county 
245.20  auditor for collection, issue certificates of indebtedness in 
245.21  anticipation of the collection and payment of the tax.  The 
245.22  total amount of the certificates, including principal and 
245.23  interest, must not exceed 90 percent of the amount of the levy 
245.24  and must be payable from the proceeds of the levy no later than 
245.25  two years from the date of issuance.  They must be issued on 
245.26  terms and conditions determined by the governing body and must 
245.27  be sold as provided in section 475.60.  If the governing body 
245.28  determines that an emergency exists, it may make appropriations 
245.29  from the proceeds of the certificates for authorized purposes 
245.30  without complying with statutory or charter provisions requiring 
245.31  that expenditures be based on a prior budget authorization or 
245.32  other budgeting requirements. 
245.33     Subd. 5.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] The 
245.34  proceeds of a tax levied under subdivision 3 or an issue of 
245.35  certificates of indebtedness under subdivision 4 must be 
245.36  deposited in the municipal treasury in a separate fund and spent 
246.1   only for purposes authorized by this section.  If no 
246.2   disbursement is made from the fund for a period of five years, 
246.3   any money remaining in the fund may be transferred to the 
246.4   general fund. 
246.5      Subd. 6.  [PENALTY.] A person who prevents, obstructs, or 
246.6   interferes with the county authorities or their agents in 
246.7   carrying out subdivisions 2 to 5, or neglects to comply with the 
246.8   rules and regulations of the county commissioners adopted under 
246.9   authority of those subdivisions, is guilty of a misdemeanor. 
246.10     Subd. 7.  [REGULATIONS; SCOPE.] A city council, board of 
246.11  county commissioners, or town board may by resolution or 
246.12  ordinance adopt and enforce regulations to control and prevent 
246.13  the spread of plant pests and diseases.  The regulations may 
246.14  authorize appropriate officers and employees to: 
246.15     (1) enter and inspect any public or private place that 
246.16  might harbor plant pests; 
246.17     (2) provide for the summary removal of diseased trees from 
246.18  public or private places if necessary to prevent the spread of 
246.19  the disease; 
246.20     (3) require the owner to destroy or treat plant pests, 
246.21  diseased or invasive plants, or other infested material; and 
246.22     (4) provide for the work at the expense of the owner. 
246.23  The expense must be a lien upon the property and may be 
246.24  collected as a special assessment as provided by section 429.101 
246.25  or by charter.  In this subdivision, "private place" means every 
246.26  place except a private home. 
246.27     Sec. 13.  [18G.14] [MOSQUITO ABATEMENT.] 
246.28     Subdivision 1.  [DECLARATION OF POLICY.] The abatement or 
246.29  suppression of mosquitoes is advisable and necessary for the 
246.30  maintenance and improvement of the health, welfare, and 
246.31  prosperity of the people.  Areas where mosquitoes incubate or 
246.32  hatch are declared to be public nuisances and may be abated 
246.33  under this section.  Mosquito abatement may be undertaken under 
246.34  sections 18.041 to 18.161 anywhere in the state by any 
246.35  governmental unit. 
246.36     Subd. 2.  [ESTABLISHING LOCAL BOARD.] A governmental unit 
247.1   may engage in mosquito abatement and establish a mosquito 
247.2   abatement board upon adoption of a resolution to that effect by 
247.3   its governing body or upon adoption of a proposal to that effect 
247.4   by the voters of the governmental unit in the manner provided in 
247.5   subdivision 3. 
247.6      Subd. 3.  [PETITION; HEARING; ELECTION.] If a petition 
247.7   signed by five percent of the property owners or 250 owners, 
247.8   whichever is less, is presented to a governing body requesting 
247.9   the governmental unit to engage in mosquito abatement, a public 
247.10  hearing must be held on the petition by the governing body 
247.11  within 15 days of presentation of the petition.  If the 
247.12  governing body does not, within 15 days after the hearing, adopt 
247.13  a resolution to undertake mosquito abatement, the governing body 
247.14  must order a vote to be taken at the next regular election or 
247.15  town meeting on the proposal to undertake mosquito abatement.  
247.16  The governing body must provide ballots to be used at the 
247.17  election or meeting.  The ballot must bear the words "Shall the 
247.18  (governmental unit) of ....... engage in mosquito abatement?"  
247.19  If the majority of the votes are affirmative, the governing body 
247.20  must take appropriate action as soon as possible to carry on 
247.21  mosquito abatement.  A proposal to undertake mosquito abatement 
247.22  that is rejected by the voters must not be resubmitted to the 
247.23  voters for two years. 
247.24     Subd. 4.  [DISCONTINUING PROGRAM.] If a governmental unit 
247.25  by action of its governing body or voters has chosen to engage 
247.26  in mosquito abatement, the abatement program may be discontinued 
247.27  in the following manner: 
247.28     (1) if the mosquito abatement was originally undertaken by 
247.29  resolution of the governing body, then by the adoption of a 
247.30  resolution to that effect by the governing body, or by the 
247.31  adoption of a proposal to that effect by the voters of the 
247.32  governmental unit in the manner provided in this subdivision; 
247.33  and 
247.34     (2) if the mosquito abatement was originally undertaken by 
247.35  the adoption of a proposal to that effect by the voters of the 
247.36  governmental unit, then only by the adoption of a proposal to 
248.1   that effect by the voters of the governmental unit in the manner 
248.2   provided in subdivision 5. 
248.3      Subd. 5.  [PETITION; HEARING; AND ELECTION TO DISCONTINUE.] 
248.4   If a petition signed by five percent of the property owners or 
248.5   250 owners, whichever is less, is presented to the governing 
248.6   body engaged in mosquito abatement requesting it to discontinue 
248.7   mosquito abatement, a public hearing must be held on the 
248.8   petition by the governing body within 15 days after presentation 
248.9   of the petition.  If the governing body does not, within 15 days 
248.10  after the hearing, adopt a resolution to discontinue mosquito 
248.11  abatement, the governing body must order a vote to be taken at 
248.12  the next regular election or town meeting on the proposal to 
248.13  discontinue mosquito abatement.  The governing body shall 
248.14  provide ballots to be used at the election or meeting.  The 
248.15  ballot must bear the words "Shall the (governmental unit) of 
248.16  ....... discontinue mosquito abatement?"  If a majority of the 
248.17  votes are affirmative, the governing body must take appropriate 
248.18  action as soon as possible to discontinue mosquito abatement.  A 
248.19  proposal to discontinue mosquito abatement that is rejected by 
248.20  the voters must not be resubmitted to the voters for two years. 
248.21     Subd. 6.  [ABATEMENT BOARD.] A governing body that has 
248.22  decided, in the manner required by this section, to engage in 
248.23  mosquito abatement, shall appoint three persons to serve as 
248.24  members of a mosquito abatement board with powers specified in 
248.25  subdivision 8.  Each member of the board holds office at the 
248.26  pleasure of the governing body and serves without compensation, 
248.27  except that board members may be reimbursed for actual expenses 
248.28  incurred in fulfilling board duties. 
248.29     Subd. 7.  [OFFICERS; MEETINGS.] Immediately after 
248.30  appointment of the board and at the first meeting in each 
248.31  succeeding calendar year, the board shall elect a chair, a 
248.32  secretary, a treasurer, and other necessary officers.  The board 
248.33  shall provide for the time and place of holding regular meetings 
248.34  and may establish rules for proceedings.  All meetings of the 
248.35  board are open to the public.  Two members of the board 
248.36  constitute a quorum, but one member may adjourn from day to 
249.1   day.  The board shall keep a written record of its proceedings 
249.2   and an itemized account of all expenditures and disbursements 
249.3   and that record and account must be open at all reasonable times 
249.4   for public inspection. 
249.5      Subd. 8.  [POWERS OF BOARD.] A mosquito abatement board and 
249.6   a joint board established under section 18.131 may, either by 
249.7   board action or through its members, officers, agents, or 
249.8   employees, as may be appropriate: 
249.9      (1) enter any property within the governmental unit at 
249.10  reasonable times to determine whether mosquito breeding exists; 
249.11     (2) take necessary and proper steps for the abatement of 
249.12  mosquitoes and other insects and arachnids, such as ticks, 
249.13  mites, and spiders, as the commissioner may designate; 
249.14     (3) subject to the paramount control of county and state 
249.15  authorities, lagoon and clean up any stagnant pool of water and 
249.16  clean up shores of lakes and streams and other mosquito breeding 
249.17  places; 
249.18     (4) spray with insecticides, approved by the commissioner, 
249.19  areas in the governmental unit found to be breeding places for 
249.20  mosquitoes or other insects or arachnids designated under clause 
249.21  (2); 
249.22     (5) purchase supplies and equipment and employ persons 
249.23  necessary and proper for mosquito abatement; 
249.24     (6) accept gifts of money or equipment to be used for 
249.25  mosquito abatement; and 
249.26     (7) enter into contracts necessary to accomplish mosquito 
249.27  abatement. 
249.28     Subd. 9.  [COOPERATE WITH STATE DEPARTMENTS.] Each mosquito 
249.29  abatement board and each governmental unit engaged in mosquito 
249.30  abatement shall cooperate with the University of Minnesota, the 
249.31  commissioners of agriculture, health, natural resources, and 
249.32  transportation, and the agricultural experiment station. 
249.33     Subd. 10.  [TAX LEVY.] An annual tax may be levied for 
249.34  mosquito abatement purposes on all taxable property in any 
249.35  governmental unit undertaking mosquito abatement under this 
249.36  section.  The tax must be certified, levied, and collected in 
250.1   the same manner as other taxes levied by the governmental unit. 
250.2      Subd. 11.  [CERTIFICATES OF INDEBTEDNESS.] At any time 
250.3   after the annual tax levy has been certified to the county 
250.4   auditor, and not earlier than October 10 in any year, any 
250.5   governing body may, for the purpose of providing the necessary 
250.6   funds for mosquito abatement for the succeeding year, by 
250.7   resolution, issue and sell as many certificates of indebtedness 
250.8   as may be needed in anticipation of the collection of taxes 
250.9   levied under subdivision 10.  Certificates must not be issued in 
250.10  excess of 50 percent of the amount of the tax levy, as spread by 
250.11  the county auditor, to be collected for mosquito abatement.  No 
250.12  certificate may be issued to become due and payable later than 
250.13  December 31 of the year succeeding the year in which the tax 
250.14  levy was made.  The certificates must not be sold for less than 
250.15  par and accrued interest, and must not bear a greater rate of 
250.16  interest than five percent per annum.  Each certificate must 
250.17  state upon its face that the proceeds of the certificate must be 
250.18  used for the mosquito abatement fund, the total amount of the 
250.19  certificates issued, and the amount embraced in the tax levy for 
250.20  that particular purpose.  The certificates must be numbered 
250.21  consecutively and be in denominations of $100 or multiples of 
250.22  $100, may have interest coupons attached, and must be otherwise 
250.23  of a form, on terms, and made payable at a place that will best 
250.24  aid in their negotiation.  The proceeds of the tax assessed and 
250.25  collected on account of the mosquito abatement fund must be 
250.26  irrevocably pledged for the redemption of the certificates 
250.27  issued.  The certificates must be paid solely from the money 
250.28  derived from the levy for the year against which the 
250.29  certificates were issued, or, if they are not sufficient for 
250.30  that purpose, from the levy for the mosquito abatement fund in 
250.31  the next succeeding year.  The money derived from the sale of 
250.32  the certificates must be credited to the mosquito abatement fund 
250.33  for the calendar year immediately succeeding the levy and may 
250.34  not be used or spent until the succeeding year.  No certificates 
250.35  for any year may be issued until all certificates for prior 
250.36  years have been paid.  No certificates may be extended. 
251.1      Subd. 12.  [DEPOSIT AND USE OF FUNDS.] All money received 
251.2   for mosquito abatement purposes, either by way of tax collection 
251.3   or the sale of certificates of indebtedness, must be deposited 
251.4   in the treasury of the governmental unit to the credit of a 
251.5   special fund to be designated as the mosquito abatement fund, 
251.6   must not be used for any other purpose, and must be drawn upon 
251.7   by the proper officials upon the properly authenticated voucher 
251.8   of the mosquito abatement board.  No money may be paid from the 
251.9   fund except on orders drawn upon the officer of the governmental 
251.10  unit having charge of the custody of the mosquito abatement fund 
251.11  and signed by the chair and the secretary of the mosquito 
251.12  abatement board.  Each mosquito abatement board shall annually 
251.13  file an itemized statement of all receipts and disbursements 
251.14  with its governing body. 
251.15     Subd. 13.  [DUTIES OF COMMISSIONER.] The commissioner: 
251.16     (1) may establish rules for the conduct of mosquito 
251.17  abatement operations of governmental units and boards engaged in 
251.18  mosquito abatement; and 
251.19     (2) is an ex officio member of a mosquito abatement board.  
251.20  The commissioner may appoint representatives to act for the 
251.21  commissioner as ex officio members of boards. 
251.22     Subd. 14.  [NATURAL RESOURCES.] The commissioner of natural 
251.23  resources must approve mosquito abatement plans or order 
251.24  modifications the commissioner of natural resources considers 
251.25  necessary for the protection of public water, wild animals, and 
251.26  natural resources before control operations are started on state 
251.27  lands administered by the commissioner of natural resources or 
251.28  in public waters listed on the department of natural resources 
251.29  public waters inventory.  The commissioner of natural resources 
251.30  may make necessary modifications in an approved plan or revoke 
251.31  approval of a plan at any time upon written notice to the 
251.32  governing body or mosquito abatement board. 
251.33     Subd. 15.  [COOPERATION BETWEEN GOVERNMENTAL UNITS.] If two 
251.34  or more adjacent governmental units have authorized mosquito 
251.35  abatement and appointed the members of the mosquito abatement 
251.36  board, the governing bodies may, by written contract, arrange 
252.1   for pooling mosquito abatement funds, apportioning all costs, 
252.2   cooperating in the use of equipment and personnel, and engaging 
252.3   jointly in mosquito abatement upon terms and conditions and 
252.4   subject to mutually agreed upon rules.  The immediate control 
252.5   and management of the joint project may, by the terms of the 
252.6   written contract, be entrusted to a joint committee composed of 
252.7   the chair of each of the boards or other board members. 
252.8      Subd. 16.  [UNORGANIZED TOWNS; POWERS OF COUNTY BOARD.] In 
252.9   any town that is unorganized politically, the county board of 
252.10  the county in which the town is situated has all the rights, 
252.11  powers, and duties conferred by this section upon the governing 
252.12  bodies of towns, including town boards, and the county board 
252.13  must act as though it were the governing body and town board of 
252.14  that town and may authorize and undertake mosquito abatement in 
252.15  the town and cause taxes to be levied for mosquito abatement the 
252.16  same as though the town were organized politically and the 
252.17  county board were the governing body and town board.  The cost 
252.18  of mosquito abatement in such a town must be paid solely by a 
252.19  tax levy on the property within the town where mosquito 
252.20  abatement is undertaken and no part of the expense of mosquito 
252.21  abatement in that town may be a county expense or paid by the 
252.22  county. 
252.23     Subd. 17.  [COST OF STATE'S SERVICE; REFUNDS.] The actual 
252.24  cost to the state of any service rendered or expense incurred by 
252.25  the commissioner of agriculture or natural resources under this 
252.26  section for the benefit of a mosquito abatement board must be 
252.27  reimbursed by the appropriate governmental unit. 
252.28     Sec. 14.  [18G.16] [SHADE TREE PEST AND DISEASE CONTROL.] 
252.29     Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
252.30  subdivision apply to this section. 
252.31     (b) "Metropolitan area" means the counties of Anoka, 
252.32  Carver, Dakota, Hennepin, Ramsey, Scott, and Washington. 
252.33     (c) "Municipality" means a home rule charter or statutory 
252.34  city or a town located in the metropolitan area that exercises 
252.35  municipal powers under section 368.01 or any general or special 
252.36  law; a special park district organized under chapter 398; a 
253.1   special-purpose park and recreation board organized under the 
253.2   city charter of a city of the first class located in the 
253.3   metropolitan area; a county in the metropolitan area for the 
253.4   purposes of county-owned property or any portion of a county 
253.5   located outside the geographic boundaries of a city or a town 
253.6   exercising municipal powers; and a municipality or county 
253.7   located outside the metropolitan area with an approved disease 
253.8   control program. 
253.9      (d) "Shade tree disease" means Dutch elm disease, oak wilt, 
253.10  or any disorder affecting the growth and life of shade trees. 
253.11     (e) "Wood utilization or disposal system" means facilities, 
253.12  equipment, or systems used for the removal and disposal of 
253.13  diseased shade trees, including collection, transportation, 
253.14  processing, or storage of wood and assisting in the recovery of 
253.15  materials or energy from wood. 
253.16     (f) "Approved disease control program" means a municipal 
253.17  plan approved by the commissioner to control shade tree disease. 
253.18     (g) "Disease control area" means an area approved by the 
253.19  commissioner within which a municipality will conduct an 
253.20  approved disease control program. 
253.21     (h) "Sanitation" means the identification, inspection, 
253.22  disruption of a common root system, girdling, trimming, removal, 
253.23  and disposal of dead or diseased wood of shade trees, including 
253.24  subsidies for trees removed pursuant to subdivision 4, on public 
253.25  or private property within a disease control area. 
253.26     (i) "Reforestation" means the replacement of shade trees 
253.27  removed from public property and the planting of a tree as part 
253.28  of a municipal disease control program.  For purposes of this 
253.29  paragraph, "public property" includes private property within 
253.30  five feet of the boulevard or street terrace in a city that 
253.31  enacted an ordinance on or before January 1, 1977, that 
253.32  prohibits or requires a permit for the planting of trees in the 
253.33  public right-of-way. 
253.34     Subd. 2.  [COMMISSIONER TO ADOPT RULES.] The commissioner 
253.35  may adopt rules relating to shade tree pest and disease control 
253.36  in any municipality.  The rules must prescribe control measures 
254.1   to be used to prevent the spread of shade tree pests and 
254.2   diseases and must include the following: 
254.3      (1) a definition of shade tree; 
254.4      (2) qualifications for tree inspectors; 
254.5      (3) methods of identifying diseased or infested shade 
254.6   trees; 
254.7      (4) procedures for giving reasonable notice of inspection 
254.8   of private real property; 
254.9      (5) measures for the removal of any shade tree which may 
254.10  contribute to the spread of shade tree pests or disease and for 
254.11  reforestation of pest or disease control areas; 
254.12     (6) approved methods of treatment of shade trees; 
254.13     (7) criteria for priority designation areas in an approved 
254.14  pest or disease control program; and 
254.15     (8) any other matters determined necessary by the 
254.16  commissioner to prevent the spread of shade tree pests or 
254.17  disease and enforce this section. 
254.18     Subd. 3.  [DIAGNOSTIC LABORATORY.] The commissioner shall 
254.19  operate a diagnostic laboratory for culturing diseased or 
254.20  infested trees for positive identification of diseased or 
254.21  infested shade trees. 
254.22     Subd. 4.  [COOPERATION BY UNIVERSITY.] The University of 
254.23  Minnesota College of Natural Resources shall cooperate with the 
254.24  department in control of shade tree disease, pests, and 
254.25  disorders and management of shade tree populations.  The College 
254.26  of Natural Resources shall cooperate with the department to 
254.27  conduct tree inspector certification and recertification 
254.28  workshops for certified tree inspectors.  The College of Natural 
254.29  Resources shall also conduct research into means for identifying 
254.30  diseased shade trees, develop and evaluate control measures, and 
254.31  develop means for disposing of and using diseased shade trees. 
254.32     Subd. 5.  [EXPERIMENTAL PROGRAMS.] The commissioner may 
254.33  establish experimental programs for sanitation or treatment of 
254.34  shade tree diseases and for research into tree varieties most 
254.35  suitable for municipal reforestation.  The research must include 
254.36  considerations of disease resistance, energy conservation, and 
255.1   other factors considered appropriate.  The commissioner may make 
255.2   grants to municipalities or enter into contracts with 
255.3   municipalities, nurseries, colleges, universities, or state or 
255.4   federal agencies in connection with experimental shade tree 
255.5   programs including research to assist municipalities in 
255.6   establishing priority designation areas for shade tree disease 
255.7   control and energy conservation. 
255.8      Subd. 6.  [REMOVAL OF DISEASED OR INFESTED TREES.] After 
255.9   reasonable notice of inspection, an owner of real property 
255.10  containing a shade tree that is diseased, infested, or may 
255.11  contribute to the spread of pests or disease, must remove or 
255.12  treat the tree within the period of time and in the manner 
255.13  established by the commissioner.  Trees that are not removed in 
255.14  compliance with the commissioner's rules must be declared a 
255.15  public nuisance and removed or treated by approved methods by 
255.16  the municipality, which may assess all or part of the expense, 
255.17  limited to the lowest contract rates available that include wage 
255.18  levels which meet Minnesota minimum wage standards, to the 
255.19  property and the expense becomes a lien on the property.  A 
255.20  municipality may assess not more than 50 percent of the expense 
255.21  of treating with an approved method or removing diseased shade 
255.22  trees located on street terraces or boulevards to the abutting 
255.23  properties and the assessment becomes a lien on the property. 
255.24     Subd. 7.  [RULES; APPLICABILITY TO MUNICIPALITIES.] The 
255.25  rules of the commissioner apply in a municipality unless the 
255.26  municipality adopts an ordinance determined by the commissioner 
255.27  to be more stringent than the rules of the commissioner.  The 
255.28  rules of the commissioner or the municipality apply to all state 
255.29  agencies, special purpose districts, and metropolitan 
255.30  commissions as defined in section 473.121, subdivision 5a, that 
255.31  own or control land adjacent to or within a shade tree disease 
255.32  control area. 
255.33     Subd. 8.  [GRANTS TO MUNICIPALITIES.] (a) The commissioner 
255.34  may, in the name of the state and within the limit of 
255.35  appropriations provided, make a grant to a municipality with an 
255.36  approved disease control program for the partial funding of 
256.1   municipal sanitation and reforestation programs to replace trees 
256.2   lost to disease or natural disaster.  The commissioner may make 
256.3   a grant to a home rule charter or statutory city, a special 
256.4   purpose park and recreation board organized under a charter of a 
256.5   city of the first class, a nonprofit corporation serving a city 
256.6   of the first class, or a county having an approved disease 
256.7   control program for the acquisition or implementation of a wood 
256.8   use or disposal system. 
256.9      (b) The commissioner shall adopt rules for the 
256.10  administration of grants under this subdivision.  The rules must 
256.11  contain: 
256.12     (1) procedures for grant applications; 
256.13     (2) conditions and procedures for the administration of 
256.14  grants; 
256.15     (3) criteria of eligibility for grants including, but not 
256.16  limited to, those specified in this subdivision; and 
256.17     (4) other matters the commissioner may find necessary to 
256.18  the proper administration of the grant program. 
256.19     (c) Grants for wood utilization and disposal systems made 
256.20  by the commissioner under this subdivision must not exceed 50 
256.21  percent of the total cost of the system.  Grants for sanitation 
256.22  and reforestation must be combined into one grant program.  
256.23  Grants to a municipality for sanitation must not exceed 50 
256.24  percent of sanitation costs approved by the commissioner 
256.25  including any amount of sanitation costs paid by special 
256.26  assessments, ad valorem taxes, federal grants, or other funds.  
256.27  A municipality must not specially assess a property owner an 
256.28  amount greater than the amount of the tree's sanitation cost 
256.29  minus the amount of the tree's sanitation cost reimbursed by the 
256.30  commissioner.  Grants to municipalities for reforestation must 
256.31  not exceed 50 percent of the wholesale cost of the trees planted 
256.32  under the reforestation program; provided that a reforestation 
256.33  grant to a county may include 90 percent of the cost of the 
256.34  first 50 trees planted on public property in a town not included 
256.35  in the definition of municipality in subdivision 1 and with less 
256.36  than 1,000 population when the town applies to the county.  
257.1   Reforestation grants to towns and home rule charter or statutory 
257.2   cities of less than 4,000 population with an approved disease 
257.3   control program may include 90 percent of the cost of the first 
257.4   50 trees planted on public property.  The governing body of a 
257.5   municipality that receives a reforestation grant under this 
257.6   section must appoint up to seven residents of the municipality 
257.7   or designate an existing municipal board or committee to serve 
257.8   as a reforestation advisory committee to advise the governing 
257.9   body of the municipality in the administration of the 
257.10  reforestation program.  For the purpose of this subdivision, 
257.11  "cost" does not include the value of a gift or dedication of 
257.12  trees required by a municipal ordinance but does include 
257.13  documented "in-kind" services or voluntary work for 
257.14  municipalities with a population of less than 1,000 according to 
257.15  the most recent federal census. 
257.16     (d) Based upon estimates submitted by the municipality to 
257.17  the commissioner, which state the estimated costs of sanitation 
257.18  and reforestation in the succeeding quarter under an approved 
257.19  program, the commissioner shall direct quarterly advance 
257.20  payments to be made by the state to the municipality commencing 
257.21  April 1.  The commissioner shall direct adjustment of any 
257.22  overestimate in a succeeding quarter.  A municipality may elect 
257.23  to receive the proceeds of its sanitation and reforestation 
257.24  grants on a periodic cost reimbursement basis.  
257.25     (e) A home rule charter or statutory city, county outside 
257.26  the metropolitan area, or any municipality, as defined in 
257.27  subdivision 1, may submit an application for a grant authorized 
257.28  by this subdivision concurrently with its request for approval 
257.29  of a disease control program. 
257.30     (f) The commissioner shall not make grants for sanitation 
257.31  and reforestation or wood utilization and disposal systems in 
257.32  excess of 67 percent of the amounts appropriated for those 
257.33  purposes to the municipalities located within the metropolitan 
257.34  area, as defined in subdivision 1. 
257.35     Subd. 9.  [SUBSIDIES TO CERTAIN OWNERS.] A municipality may 
257.36  provide subsidies to nonprofit organizations, to owners of 
258.1   private residential property of five acres or less, to owners of 
258.2   property used for a homestead of more than five acres but less 
258.3   than 20 acres, and to nonprofit cemeteries for the approved 
258.4   treatment or removal of diseased shade trees. 
258.5      Notwithstanding any law to the contrary, an owner of 
258.6   property on which shade trees are located may contract with a 
258.7   municipality to provide protection against the cost of approved 
258.8   treatment or removal of diseased shade trees or shade trees that 
258.9   will contribute to the spread of shade tree diseases.  Under the 
258.10  contract, the municipality must pay for the removal or approved 
258.11  treatment under terms and conditions determined by its governing 
258.12  body. 
258.13     Subd. 10.  [TREE INSPECTOR.] (a) The governing body of each 
258.14  municipality may appoint a qualified tree inspector.  In 
258.15  accordance with section 471.59, two or more municipalities may 
258.16  jointly appoint a tree inspector for the purpose of 
258.17  administering the rules or ordinances in their communities.  If 
258.18  a municipality has not appointed a tree inspector by January 1 
258.19  in any year, the commissioner may assign a qualified employee of 
258.20  the department of agriculture to perform the duties of the tree 
258.21  inspector.  The expense of a tree inspector appointed by the 
258.22  commissioner must be paid by the municipality.  If an employee 
258.23  of the department of agriculture performs those duties, the 
258.24  expense must be billed to the municipality and paid into the 
258.25  state treasury and credited to the nursery and phytosanitary 
258.26  account. 
258.27     (b) Upon a determination by the commissioner that a 
258.28  candidate for the position of tree inspector is qualified, the 
258.29  commissioner shall issue a certificate of qualification to the 
258.30  tree inspector.  The certificate is valid for one year.  A 
258.31  person certified as a tree inspector by the commissioner is 
258.32  authorized upon prior notification to enter and inspect any 
258.33  public or private property that might harbor diseased or 
258.34  infested shade trees. 
258.35     (c) The commissioner may, upon notice and hearing, 
258.36  decertify a tree inspector if it appears that the tree inspector 
259.1   has failed to act competently or in the public interest in the 
259.2   performance of duties.  Notice must be provided and a hearing 
259.3   conducted according to the provisions of chapter 14 governing 
259.4   contested case proceedings.  Nothing in this paragraph limits or 
259.5   otherwise affects the authority of a municipality to dismiss or 
259.6   suspend a tree inspector in its discretion. 
259.7      Subd. 11.  [FINANCING.] (a) A municipality may collect the 
259.8   amount assessed against the property under subdivision 1 as a 
259.9   special assessment and may issue obligations as provided in 
259.10  section 429.101, subdivision 1.  The municipality may, at its 
259.11  option, make any assessment levied payable with interest in 
259.12  installments not to exceed five years from the date of the 
259.13  assessment. 
259.14     (b) After a contract for the sanitation or approved 
259.15  treatment of trees on private property has been approved or the 
259.16  work begun, the municipality may issue obligations to defray the 
259.17  expense of the work financed by special assessments imposed upon 
259.18  private property.  Section 429.091 applies to those obligations 
259.19  with the following modifications: 
259.20     (1) the obligations must be payable not more than five 
259.21  years from the date of issuance; and 
259.22     (2) no election is required. 
259.23     The certificates must not be included in the net debt of 
259.24  the issuing municipality. 
259.25     Subd. 12.  [DEPOSIT OF PROCEEDS IN SEPARATE FUND.] Proceeds 
259.26  of taxes, assessments, and interest collected under this 
259.27  section, bonds or certificates of indebtedness issued under 
259.28  subdivision 10, and grants received under subdivision 7 must be 
259.29  deposited in the municipal treasury in a separate fund and spent 
259.30  only for the purposes authorized by this section. 
259.31     Subd. 13.  [WOOD USE.] The departments of agriculture and 
259.32  natural resources, after consultation with the Minnesota shade 
259.33  tree advisory committee, may investigate, evaluate, and make 
259.34  recommendations to the legislature concerning the potential uses 
259.35  of wood from community trees removed due to disease or other 
259.36  disorders.  These recommendations shall include maximum resource 
260.1   recovery through recycling, use as an alternative energy source, 
260.2   or use in construction or the manufacture of new products. 
260.3      Subd. 14.  [MUNICIPAL OPTION TO PARTICIPATE IN 
260.4   PROGRAM.] The term "municipality" shall include only those 
260.5   municipalities which have informed the commissioner of their 
260.6   intent to continue an approved disease control program.  Any 
260.7   municipality desiring to participate in the grants-in-aid for 
260.8   the partial funding of municipal sanitation and reforestation 
260.9   programs must notify the commissioner in writing before the 
260.10  beginning of the calendar year in which it wants to participate 
260.11  and must have an approved disease control program during any 
260.12  year in which it receives grants-in-aid.  Notwithstanding the 
260.13  provisions of any law to the contrary, no municipality shall be 
260.14  required to have an approved disease control program after 
260.15  December 31, 1981. 
260.16     Subd. 15.  [CERTAIN SPECIES NOT SUBJECT TO CHAPTER 
260.17  18G.] Chapter 18G does not apply to exotic aquatic plants and 
260.18  wild animal species regulated under chapter 84D. 
260.19                             ARTICLE 5 
260.20                            NURSERY LAW 
260.21     Section 1.  [18H.02] [DEFINITIONS.] 
260.22     Subdivision 1.  [SCOPE.] The definitions in this section 
260.23  apply to this chapter. 
260.24     Subd. 2.  [AGENT.] "Agent" means a person who, on behalf of 
260.25  another person, receives on consignment, contracts for, or 
260.26  solicits for sale on commission, a plant product from a producer 
260.27  of the product or negotiates the consignment or purchase of a 
260.28  plant product on behalf of another person. 
260.29     Subd. 3.  [ANNUAL.] "Annual" means a plant growing in 
260.30  Minnesota with a life cycle of less than one year. 
260.31     Subd. 4.  [CERTIFICATE.] "Certificate" means a document 
260.32  authorized or prepared by a federal or state regulatory official 
260.33  that affirms, declares, or verifies that a plant, product, 
260.34  shipment, or other officially regulated item meets 
260.35  phytosanitary, nursery inspection, pest freedom, plant 
260.36  registration or certification, or other legal requirements. 
261.1      Subd. 5.  [CERTIFICATION.] "Certification" means a 
261.2   regulatory official's act of affirming, declaring, or verifying 
261.3   compliance with phytosanitary, nursery inspection, pest freedom, 
261.4   plant registration or certification, or other legal requirements.
261.5      Subd. 6.  [CERTIFIED NURSERY STOCK.] "Certified nursery 
261.6   stock" means nursery stock which has been officially inspected 
261.7   by the commissioner and found apparently free of quarantine and 
261.8   regulated nonquarantine pests or significant dangerous or 
261.9   potentially damaging plant pests. 
261.10     Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
261.11  commissioner of agriculture or the commissioner's designated 
261.12  employee, representative, or agent. 
261.13     Subd. 8.  [CONSIGNEE.] "Consignee" means a person to whom a 
261.14  plant, nursery stock, horticultural product, or plant product is 
261.15  shipped for handling, planting, sale, resale, or any other 
261.16  purpose. 
261.17     Subd. 9.  [CONSIGNOR.] "Consignor" means a person who ships 
261.18  or delivers to a consignee a plant, nursery stock, horticultural 
261.19  product, or plant product for handling, planting, sale, resale, 
261.20  or any other purpose. 
261.21     Subd. 10.  [CONTAINER-GROWN.] "Container-grown" means a 
261.22  plant that was produced from a liner or cutting in a container.  
261.23     Subd. 11.  [DEPARTMENT.] "Department" means the Minnesota 
261.24  department of agriculture. 
261.25     Subd. 12.  [DISTRIBUTE.] "Distribute" means offer for sale, 
261.26  sell, barter, ship, deliver for shipment, receive and deliver, 
261.27  offer to deliver, receive on consignment, contract for, solicit 
261.28  for sale on commission, or negotiate the consignment or purchase 
261.29  in this state. 
261.30     Subd. 13.  [INFECTED.] "Infected" means a plant that is: 
261.31     (1) contaminated with pathogenic microorganisms; 
261.32     (2) being parasitized; 
261.33     (3) a host or carrier of an infectious, transmissible, or 
261.34  contagious pest; or 
261.35     (4) so exposed to a plant listed in clause (1), (2), or (3) 
261.36  that one of those conditions can reasonably be expected to exist 
262.1   and the plant may also pose a risk of contamination to other 
262.2   plants or the environment. 
262.3      Subd. 14.  [INFESTED.] "Infested" means a plant has been 
262.4   overrun by plant pests, including weeds. 
262.5      Subd. 15.  [LANDSCAPER.] "Landscaper" includes, but is not 
262.6   limited to, a nursery stock dealer or person who procures 
262.7   certified stock for immediate sale, distribution, or 
262.8   transplantation and who does not grow or care for nursery stock. 
262.9      Subd. 16.  [MARK.] "Mark" means an official indicator 
262.10  affixed by the commissioner for purposes of identification or 
262.11  separation to, on, around, or near plants or plant material 
262.12  known or suspected to be infected with a plant pest.  This 
262.13  includes, but is not limited to, paint, markers, tags, seals, 
262.14  stickers, tape, ribbons, signs, or placards. 
262.15     Subd. 17.  [NURSERY.] "Nursery" means a place where nursery 
262.16  stock is grown, propagated, collected, or distributed, 
262.17  including, but not limited to, private property or property 
262.18  owned, leased, or managed by any agency of the United States, 
262.19  Minnesota or its political subdivisions, or any other state or 
262.20  its political subdivisions where nursery stock is fumigated, 
262.21  treated, packed, or stored. 
262.22     Subd. 18.  [NURSERY CERTIFICATE.] "Nursery certificate" 
262.23  means a document issued by the commissioner recognizing that a 
262.24  person is eligible to sell, offer for sale, or distribute 
262.25  certified nursery stock at a particular location under a 
262.26  specified business name.  
262.27     Subd. 19.  [NURSERY HOBBYIST.] "Nursery hobbyist" means a 
262.28  person who grows, offers for sale, or distributes less than 
262.29  $2,000 worth of certified nursery stock annually. 
262.30     Subd. 20.  [NURSERY STOCK.] "Nursery stock" means a plant 
262.31  intended for planting or propagation, including, but not limited 
262.32  to, trees, shrubs, vines, perennials, biennials, grafts, 
262.33  cuttings, and buds that may be sold for propagation, whether 
262.34  cultivated or wild, and all viable parts of these plants.  
262.35  Nursery stock does not include: 
262.36     (1) field and forage crops; 
263.1      (2) the seeds of grasses, cereal grains, vegetable crops, 
263.2   and flowers; 
263.3      (3) vegetable plants, bulbs, or tubers; 
263.4      (4) cut flowers, unless stems or other portions are 
263.5   intended for propagation; 
263.6      (5) annuals; or 
263.7      (6) Christmas trees. 
263.8      Subd. 21.  [NURSERY STOCK BROKER.] "Nursery stock broker" 
263.9   means a nursery stock dealer engaged in the business of selling 
263.10  or reselling nursery stock as a business transaction without 
263.11  taking ownership or handling the nursery stock. 
263.12     Subd. 22.  [NURSERY STOCK DEALER.] "Nursery stock dealer" 
263.13  means a person involved in the acquisition and further 
263.14  distribution of nursery stock; the utilization of nursery stock 
263.15  for landscaping or purchase of nursery stock for other persons; 
263.16  or the distribution of nursery stock with a mechanical digger, 
263.17  commonly known as a tree spade, or by any other means.  A person 
263.18  who purchases more than half of the nursery stock offered for 
263.19  sale at a sales location during the current certificate year is 
263.20  considered a nursery stock dealer rather than a nursery stock 
263.21  grower for the purposes of determining a proper fee schedule.  
263.22  Nursery stock brokers, landscapers, and tree spade operators are 
263.23  considered nursery stock dealers for purposes of determining 
263.24  proper certification. 
263.25     Subd. 23.  [NURSERY STOCK GROWER.] "Nursery stock grower" 
263.26  includes, but is not limited to, a person who raises, grows, or 
263.27  propagates nursery stock, outdoors or indoors.  A person who 
263.28  grows more than half of the nursery stock offered for sale at a 
263.29  sales location during the current certificate year is considered 
263.30  a nursery stock grower for the purpose of determining a proper 
263.31  fee schedule. 
263.32     Subd. 24.  [OWNER.] "Owner" includes, but is not limited 
263.33  to, the person with the legal right of possession, 
263.34  proprietorship of, or responsibility for the property or place 
263.35  where any of the articles regulated in this chapter are found, 
263.36  or the person who is in possession of, proprietorship of, or has 
264.1   responsibility for the regulated articles. 
264.2      Subd. 25.  [PERSON.] "Person" means an individual, firm, 
264.3   corporation, partnership, association, trust, joint stock 
264.4   company, unincorporated organization, the state, a state agency, 
264.5   or a political subdivision.  
264.6      Subd. 26.  [PLACE OF ORIGIN.] "Place of origin" means the 
264.7   county and state where nursery stock was most recently certified 
264.8   or grown for at least one full growing season. 
264.9      Subd. 27.  [PLANT.] "Plant" means a plant, plant product, 
264.10  plant part, or reproductive or propagative part of a plant, 
264.11  plant product, or plant part, including all growing media, 
264.12  packing material, or containers associated with the plants, 
264.13  plant parts, or plant products. 
264.14     Subd. 28.  [PLANT PEST.] "Plant pest" means a biotic agent 
264.15  that causes or may cause harm to plants. 
264.16     Subd. 29.  [PUBLIC NUISANCE.] "Public nuisance" means: 
264.17     (1) a plant, appliance, conveyance, or article that is 
264.18  infested with plant pests that may cause significant damage or 
264.19  harm; or 
264.20     (2) premises where a plant pest is found. 
264.21     Subd. 30.  [QUARANTINE.] "Quarantine" means an enforced 
264.22  isolation or restriction of free movement of plants, plant 
264.23  material, animals, animal products, or any article or material 
264.24  in order to treat, control, or eradicate a plant pest. 
264.25     Subd. 31.  [REGULATED NONQUARANTINE PEST.] "Regulated 
264.26  nonquarantine pest" means a plant pest that has not been 
264.27  quarantined by state or federal agencies and whose presence in 
264.28  plants or articles may pose an unacceptable risk to nursery 
264.29  stock, other plants, the environment, or human activities. 
264.30     Subd. 32.  [SALES LOCATION.] "Sales location" means a fixed 
264.31  location from which nursery stock is displayed or distributed. 
264.32     Subd. 33.  [TREE SPADE.] "Tree spade" means a mechanical 
264.33  device or machinery capable of removing nursery stock, root 
264.34  system, and soil from the planting in one operation. 
264.35     Subd. 34.  [TREE SPADE OPERATOR.] "Tree spade operator" 
264.36  means a nursery stock dealer who uses a tree spade to dig 
265.1   nursery stock and sells, offers for sale, distributes, and 
265.2   transports certified nursery stock. 
265.3      Sec. 2.  [18H.03] [POWERS AND DUTIES OF COMMISSIONER.] 
265.4      Subdivision 1.  [EMPLOYEES.] The commissioner may employ 
265.5   entomologists, plant pathologists, and other employees necessary 
265.6   to administer this chapter. 
265.7      Subd. 2.  [ENTRY AND INSPECTION; FEES.] (a) The 
265.8   commissioner may enter and inspect a public or private place 
265.9   that might harbor plant pests and may require that the owner 
265.10  destroy or treat plant pests, plants, or other material.  
265.11     (b) If the owner fails to properly comply with a directive 
265.12  of the commissioner within a given period of time, the 
265.13  commissioner may have any necessary work done at the owner's 
265.14  expense.  If the owner does not reimburse the commissioner for 
265.15  the expense within a time specified by the commissioner, the 
265.16  expense is a charge upon the county as provided in subdivision 4.
265.17     (c) If a dangerous plant pest infestation or infection 
265.18  threatens plants of an area in the state, the commissioner may 
265.19  take any measures necessary to eliminate or alleviate the danger.
265.20     (d) The commissioner may collect fees required by this 
265.21  chapter.  
265.22     (e) The commissioner may issue and enforce a written or 
265.23  printed "stop-sale" order to the owner or custodian of any 
265.24  nursery stock if fees required by the nursery are not paid.  The 
265.25  commissioner may not be held liable for the deterioration of 
265.26  nursery stock during the period for which it is held pursuant to 
265.27  a stop-sale order. 
265.28     Subd. 3.  [QUARANTINES.] The commissioner may impose a 
265.29  quarantine to restrict or prohibit the transportation of nursery 
265.30  stock, plants, or other materials capable of carrying plant 
265.31  pests into or through any part of the state. 
265.32     Subd. 4.  [COLLECTION OF CHARGES FOR WORK DONE FOR OWNER.] 
265.33  If the commissioner incurs an expense in conjunction with 
265.34  carrying out subdivision 2 and is not reimbursed by the owner of 
265.35  the land, the expense is a legal charge against the land.  After 
265.36  the expense is incurred, the commissioner shall file verified 
266.1   and itemized statements of the cost of all services rendered 
266.2   with the county auditor of the county in which the land is 
266.3   located.  The county auditor shall place a lien in favor of the 
266.4   commissioner against the land involved, certified by the county 
266.5   auditor, and collected according to section 429.101. 
266.6      Subd. 5.  [DELEGATION AUTHORITY.] The commissioner may, by 
266.7   written agreements, delegate specific inspection, enforcement, 
266.8   and other regulatory duties of this chapter to officials of 
266.9   other agencies.  This delegation may only be made to a state 
266.10  agency, a political subdivision, or a political subdivision's 
266.11  agency that has signed a joint powers agreement with the 
266.12  commissioner as provided in section 471.59. 
266.13     Subd. 6.  [DISSEMINATION OF INFORMATION.] The commissioner 
266.14  may disseminate information among growers relative to treatment 
266.15  of nursery stock in both prevention and elimination of attack by 
266.16  plant pests and diseases. 
266.17     Subd. 7.  [OTHER DUTIES OF SERVICE.] The commissioner may 
266.18  carry out other duties or responsibilities that are of service 
266.19  to the industry or that may be necessary for the protection of 
266.20  the industry. 
266.21     Sec. 3.  [18H.04] [ADOPTION OF RULES.] 
266.22     The commissioner may adopt rules to carry out the purposes 
266.23  of this chapter.  The rules may include, but are not limited to, 
266.24  rules in regard to labeling and the maintenance of viability and 
266.25  vigor of nursery stock.  Rules of the commissioner that are in 
266.26  effect on July 1, 2003, relating to plant protection, nursery 
266.27  inspection, or the Plant Pest Act remain in effect until they 
266.28  are superseded by new rules. 
266.29     Sec. 4.  [18H.05] [NURSERY CERTIFICATE REQUIREMENTS.] 
266.30     (a) No person may offer for sale or distribute nursery 
266.31  stock as a nursery stock grower or dealer without first 
266.32  obtaining the appropriate nursery stock certificate from the 
266.33  commissioner.  Certificates are issued solely for these purposes 
266.34  and may not be used for other purposes. 
266.35     (b) A certificate issued by the commissioner expires on 
266.36  December 31 of the year it is issued. 
267.1      (c) A person required to be certified by this section must 
267.2   apply for a certificate or for renewal on a form furnished by 
267.3   the commissioner which must contain: 
267.4      (1) the name and address of the applicant, the number of 
267.5   locations to be operated by the applicant and their addresses, 
267.6   and the assumed business name of the applicant; 
267.7      (2) if other than an individual, a statement whether a 
267.8   person is a partnership, corporation, or other organization; and 
267.9      (3) the type of business to be operated and, if the 
267.10  applicant is an agent, the principals the applicant represents. 
267.11     (d) No person may:  
267.12     (1) falsely claim to be a certified dealer, grower, broker, 
267.13  or agent; or 
267.14     (2) make willful false statements when applying for a 
267.15  certificate. 
267.16     (e) Each application for a certificate must be accompanied 
267.17  by the appropriate certificate fee under section 18H.07. 
267.18     (f) Certificates issued by the commissioner must be 
267.19  prominently displayed to the public in the place of business 
267.20  where nursery stock is sold or distributed. 
267.21     (g) The commissioner may refuse to issue a certificate for 
267.22  cause. 
267.23     (h) Each grower or dealer is entitled to one sales location 
267.24  under the certificate of the grower or dealer.  Each additional 
267.25  sales location maintained by the person requires the payment of 
267.26  the full certificate fee for each additional sales outlet. 
267.27     (i) A grower who is also a dealer is certified only as a 
267.28  grower for that specific site. 
267.29     (j) A certificate is personal to the applicant and may not 
267.30  be transferred.  A new certificate is necessary if the business 
267.31  entity is changed or if the membership of a partnership is 
267.32  changed, whether or not the business name is changed. 
267.33     (k) The certificate issued to a dealer or grower applies to 
267.34  the particular premises named in the certificate.  However, if 
267.35  prior approval is obtained from the commissioner, the place of 
267.36  business may be moved to the other premises or location without 
268.1   an additional certificate fee. 
268.2      (l) A collector of nursery stock from the wild is required 
268.3   to obtain a dealer's certificate from the commissioner and is 
268.4   subject to all the requirements that apply to the inspection of 
268.5   nursery stock.  All collected nursery stock must be labeled as 
268.6   "collected from the wild." 
268.7      Sec. 5.  [18H.06] [EXEMPT NURSERY SALES.] 
268.8      Subdivision 1.  [NOT-FOR-PROFIT SALES.] An organization or 
268.9   individual may offer for sale certified nursery stock and be 
268.10  exempt from the requirement to obtain a nursery stock dealer 
268.11  certificate if sales are conducted by a nonprofit charitable, 
268.12  educational, or religious organization that: 
268.13     (1) conducts sales or distributions of certified nursery 
268.14  stock on 14 or fewer days in a calendar year; and 
268.15     (2) uses the proceeds from its certified nursery stock 
268.16  sales or distribution for charitable, educational, or religious 
268.17  purposes. 
268.18     Subd. 2.  [NURSERY HOBBYIST SALES.] (a) An organization or 
268.19  individual may offer nursery stock for sale and be exempt from 
268.20  the requirement to obtain a nursery stock dealer certificate if: 
268.21     (1) the gross sales of all nursery stock in a calendar year 
268.22  do not exceed $2,000; 
268.23     (2) all nursery stock sold or distributed by the hobbyist 
268.24  is intended for planting in Minnesota; and 
268.25     (3) all nursery stock purchased or procured for resale or 
268.26  distribution was grown in Minnesota and has been certified by 
268.27  the commissioner. 
268.28     (b) The commissioner may prescribe the conditions of the 
268.29  exempt nursery sales under this subdivision and may conduct 
268.30  routine inspections of the nursery stock offered for sale. 
268.31     Sec. 6.  [18H.07] [FEE SCHEDULE.] 
268.32     Subdivision 1.  [ESTABLISHMENT OF FEES.] The commissioner 
268.33  shall establish fees sufficient to allow for the administration 
268.34  and enforcement of this chapter and rules adopted under this 
268.35  chapter, including the portion of general support costs and 
268.36  statewide indirect costs of the agency attributable to that 
269.1   function, with a reserve sufficient for up to six months.  The 
269.2   commissioner shall review the fee schedule annually in 
269.3   consultation with the Minnesota nursery and landscape advisory 
269.4   committee.  For the certificate year beginning January 1, 2004, 
269.5   the fees are as described in this section. 
269.6      Subd. 2.  [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 
269.7   stock grower must pay an annual fee based on the area of all 
269.8   acreage on which nursery stock is grown for certification as 
269.9   follows: 
269.10     (1) less than one-half acre, $150; 
269.11     (2) from one-half acre to two acres, $200; 
269.12     (3) over two acres up to five acres, $300; 
269.13     (4) over five acres up to ten acres, $350; 
269.14     (5) over ten acres up to 20 acres, $500; 
269.15     (6) over 20 acres up to 40 acres, $650; 
269.16     (7) over 40 acres up to 50 acres, $800; 
269.17     (8) over 50 acres up to 200 acres, $1,100; 
269.18     (9) over 200 acres up to 500 acres, $1,500; and 
269.19     (10) over 500 acres, $1,500 plus $2 for each additional 
269.20  acre. 
269.21     (b) In addition to the fees in paragraph (a), a penalty of 
269.22  ten percent of the fee due must be charged for each month that 
269.23  the fee is delinquent for any application for renewal not 
269.24  received by January 1 of the year following expiration of a 
269.25  certificate. 
269.26     Subd. 3.  [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 
269.27  stock dealer must pay an annual fee based on the dealer's gross 
269.28  sales of nursery stock per location during the preceding 
269.29  certificate year.  A certificate applicant operating for the 
269.30  first time must pay the minimum fee.  The fees per sales 
269.31  location are: 
269.32     (1) gross sales up to $20,000, $150; 
269.33     (2) gross sales over $20,000 up to $100,000, $175; 
269.34     (3) gross sales over $100,000 up to $250,000, $300; 
269.35     (4) gross sales over $250,000 up to $500,000, $425; 
269.36     (5) gross sales over $500,000 up to $1,000,000, $550; 
270.1      (6) gross sales over $1,000,000 up to $2,000,000, $675; and 
270.2      (7) gross sales over $2,000,000, $800. 
270.3      (b) In addition to the fees in paragraph (a), a penalty of 
270.4   ten percent of the fee due must be charged for each month that 
270.5   the fee is delinquent for any application for renewal not 
270.6   received by January 1 of the year following expiration of a 
270.7   certificate. 
270.8      Subd. 4.  [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 
270.9   FEES.] If a reinspection is required or an additional inspection 
270.10  is needed or requested a fee must be assessed based on mileage 
270.11  and inspection time as follows: 
270.12     (1) mileage must be charged at the current United States 
270.13  Internal Revenue Service reimbursement rate; and 
270.14     (2) inspection time must be charged at the rate of $50 per 
270.15  hour, including the driving time to and from the location in 
270.16  addition to the time spent conducting the inspection. 
270.17     Sec. 7.  [18H.08] [LOCAL SALES AND MISCELLANEOUS.] 
270.18     Subdivision 1.  [SERVICES AND FEES.] The commissioner may 
270.19  make small lot inspections or perform other necessary services 
270.20  for which another charge is not specified.  For these services 
270.21  the commissioner shall set a fee plus expenses that will recover 
270.22  the cost of performing this service.  The commissioner may set 
270.23  an additional acreage fee for inspection of seed production 
270.24  fields for exporters in order to meet domestic and foreign plant 
270.25  quarantine requirements. 
270.26     Subd. 2.  [VIRUS DISEASE-FREE CERTIFICATION.] The 
270.27  commissioner may provide special services such as virus 
270.28  disease-free certification and other similar programs.  
270.29  Participation by nursery stock growers is voluntary.  Plants 
270.30  offered for sale as certified virus-free must be grown according 
270.31  to certain procedures in a manner defined by the commissioner 
270.32  for the purpose of eliminating viruses and other injurious 
270.33  disease or insect pests.  The commissioner shall collect 
270.34  reasonable fees from participating nursery stock growers for 
270.35  services and materials that are necessary to conduct this type 
270.36  of work.  
271.1      Sec. 8.  [18H.09] [NURSERY INSPECTIONS REQUIRED.] 
271.2      (a) All nursery stock growing sites in Minnesota must have 
271.3   had an inspection by the commissioner during the previous 12 
271.4   months and found apparently free from quarantine and regulated 
271.5   nonquarantine pests as well as significantly dangerous or 
271.6   potentially damaging plant pests.  All nursery stock originating 
271.7   from out of state and offered for sale in Minnesota must have 
271.8   been inspected by the appropriate state or federal agency during 
271.9   the previous 12 months and found free from quarantine and 
271.10  regulated nonquarantine pests as well as significantly dangerous 
271.11  or potentially damaging plant pests.  A nursery stock 
271.12  certificate is valid from January 1 to December 31. 
271.13     (b) Nursery stock must be accessible to the commissioner 
271.14  for inspection during regular business hours.  Weeds or other 
271.15  growth that hinder a proper inspection are grounds to suspend or 
271.16  withhold a certificate or require a reinspection. 
271.17     (c) Inspection reports issued to growers must contain a 
271.18  list of the plant pests found at the time of inspection.  
271.19  Withdrawal-from-distribution orders are considered part of the 
271.20  inspection reports.  A withdrawal-from-distribution order must 
271.21  contain a list of plants withdrawn from distribution and the 
271.22  location of the plants. 
271.23     (d) The commissioner may post signs to delineate sections 
271.24  withdrawn from distribution.  These signs must remain in place 
271.25  until the commissioner removes them or grants written permission 
271.26  to the grower to remove the signs. 
271.27     (e) Inspection reports issued to dealers must outline the 
271.28  violations involved and corrective actions to be taken including 
271.29  withdrawal-from-distribution orders which would specify nursery 
271.30  stock that could not be distributed from a certain area. 
271.31     (f) Optional inspections of plants may be conducted by the 
271.32  commissioner upon request by any persons desiring an 
271.33  inspection.  A fee as provided in section 18H.07 must be charged 
271.34  for such an inspection. 
271.35     Sec. 9.  [18H.10] [STORAGE OF NURSERY STOCK.] 
271.36     All nursery stock must be kept and displayed under 
272.1   conditions of temperature, light, and moisture sufficient to 
272.2   maintain the viability and vigor of the nursery stock. 
272.3      Sec. 10.  [18H.11] [NURSERY STOCK STANDARDS.] 
272.4      The American Standard for Nursery Stock, ANSI Z60.1, 
272.5   published by the Nursery and Landscape Association, must be used 
272.6   by the commissioner in determining standards and grades of 
272.7   nursery stock when not in conflict with this chapter. 
272.8      Sec. 11.  [18H.12] [DAMAGED, DISEASED, INFESTED, OR 
272.9   MISREPRESENTED STOCK.] 
272.10     (a) No person may knowingly offer to distribute, advertise, 
272.11  or display nursery stock that is infested or infected with 
272.12  quarantine or regulated nonquarantine pests or significant 
272.13  dangerous or potentially damaging plant pests, including noxious 
272.14  weeds or nursery stock that is in a dying condition, desiccated, 
272.15  frozen or damaged by freezing, or materially damaged in any way. 
272.16     (b) No person may knowingly offer to distribute, advertise, 
272.17  or display nursery stock that may result in the capacity and 
272.18  tendency or effect of deceiving any purchaser or prospective 
272.19  purchaser as to the quantity, size, grade, kind, species name, 
272.20  age, variety, maturity, condition, vigor, hardiness, number of 
272.21  times transplanted, growth ability, growth characteristics, rate 
272.22  of growth, time required before flowering or fruiting, price, 
272.23  origin, place where grown, or any other material respect. 
272.24     (c) Upon discovery or notification of damaged, diseased, 
272.25  infested, or misrepresented stock, the commissioner may place a 
272.26  stop-sale and distribution order on the material.  The order 
272.27  makes it an illegal action to distribute, give away, destroy, 
272.28  alter, or tamper with the plants. 
272.29     (d) The commissioner may conspicuously mark all plants, 
272.30  materials, and articles known or suspected to be infected or 
272.31  infested with quarantine or regulated nonquarantine pests or 
272.32  significant dangerous or potentially damaging plant pests.  The 
272.33  commissioner shall notify the persons, owners, or the tenants in 
272.34  possession of the premises or area in question of the existence 
272.35  of the plant pests. 
272.36     (e) If the commissioner determines that this chapter has 
273.1   been violated, the commissioner may order that the nuisance, 
273.2   infestation, infection, or plant pest be abated by whatever 
273.3   means necessary, including, but not limited to, destruction, 
273.4   confiscation, treatment, return shipment, or quarantine. 
273.5      (f) The plant owner is liable for all costs associated with 
273.6   a stop order or a quarantine, treatment, or destruction of 
273.7   plants.  The commissioner is not liable for any actual or 
273.8   incidental costs incurred by a person due to authorized actions 
273.9   of the commissioner.  The commissioner must be reimbursed by the 
273.10  owner of plants for actual expenses incurred by the commissioner 
273.11  in carrying out a stop order. 
273.12     Sec. 12.  [18H.13] [SHIPMENT OF NURSERY STOCK INTO 
273.13  MINNESOTA.] 
273.14     Subdivision 1.  [LABELING.] Plants, plant materials, or 
273.15  nursery stock distributed into Minnesota must be conspicuously 
273.16  labeled on the exterior with the name of the consignor, the 
273.17  state of origin, and the name of the consignee and must be 
273.18  accompanied by certification documents to satisfy all applicable 
273.19  state and federal quarantines.  Proof of valid nursery 
273.20  certification must also accompany the shipment.  It is the 
273.21  shared responsibility of both the consignee and consignor to 
273.22  examine all shipments for the presence of current and applicable 
273.23  nursery stock certifications for all plant material from all 
273.24  sources of stock in each shipment. 
273.25     Subd. 2.  [RECIPROCITY.] A person residing outside the 
273.26  state may distribute nursery stock in Minnesota if: 
273.27     (1) the person is duly certified under the nursery laws of 
273.28  the state where the nursery stock originates and the laws of 
273.29  that state are essentially equivalent to the laws of Minnesota 
273.30  as determined by the commissioner; and 
273.31     (2) the person complies with this chapter and the rules 
273.32  governing nursery stock distributed in Minnesota. 
273.33     Subd. 3.  [RECIPROCAL AGREEMENTS.] The commissioner may 
273.34  cooperate with and enter into reciprocal agreements with other 
273.35  states regarding licensing and movement of nursery stock.  
273.36  Reciprocal agreements with other states do not prevent the 
274.1   commissioner from prohibiting the distribution in Minnesota of 
274.2   any nursery stock that fails to meet minimum criteria for 
274.3   nursery stock of Minnesota certified growers, dealers, or both.  
274.4   An official directory of certified nurseries and related nursery 
274.5   industry businesses from other states is acceptable in lieu of 
274.6   individual nursery certificates. 
274.7      Subd. 4.  [FOREIGN NURSERY STOCK.] A person receiving a 
274.8   shipment of nursery stock from a foreign country that has not 
274.9   been inspected and released by the United States Department of 
274.10  Agriculture at the port of entry must notify the commissioner of 
274.11  the arrival of the shipment, its contents, and the name of the 
274.12  consignor.  The person must hold the shipment unopened until 
274.13  inspected or released by the commissioner. 
274.14     Subd. 5.  [TRANSPORTATION COMPANIES.] A person who acts as 
274.15  the representative of a transportation company, private carrier, 
274.16  commercial shipper, common carrier, express parcel carrier, or 
274.17  other transportation entity, and receives, ships, or otherwise 
274.18  distributes a carload, box, container, or any package of plants, 
274.19  plant materials, or nursery stock, that does not have all 
274.20  required certificates attached as required or fails to 
274.21  immediately notify the commissioner is in violation of this 
274.22  chapter. 
274.23     Sec. 13.  [18H.14] [LABELING AND ADVERTISING OF NURSERY 
274.24  STOCK.] 
274.25     (a) Plants, plant materials, or nursery stock must not be 
274.26  labeled or advertised with false or misleading information 
274.27  including, but not limited to, scientific name, variety, place 
274.28  of origin, hardiness zone as defined by the United States 
274.29  Commissioner of Agriculture, and growth habit. 
274.30     (b) A person may not offer for distribution plants, plant 
274.31  materials, or nursery stock, represented by some specific or 
274.32  special form of notation, including, but not limited to, "free 
274.33  from" or "grown free of," unless the plants are produced under a 
274.34  specific program approved by the commissioner to address the 
274.35  specific plant properties addressed in the special notation 
274.36  claim. 
275.1      Sec. 14.  [18H.15] [VIOLATIONS.] 
275.2      (a) A person who offers to distribute nursery stock that is 
275.3   uncertified, uninspected, or falsely labeled or advertised 
275.4   possesses an illegal regulated commodity that is considered 
275.5   infested or infected with harmful plant pests and subject to 
275.6   regulatory action and control.  If the commissioner determines 
275.7   that the provisions of this section have been violated, the 
275.8   commissioner may order the destruction of all of the plants 
275.9   unless the person: 
275.10     (1) provides proper phytosanitary preclearance, 
275.11  phytosanitary certification, or nursery stock certification; 
275.12     (2) agrees to have the plants, plant materials, or nursery 
275.13  stock returned to the consignor; and 
275.14     (3) provides proper documentation, certification, or 
275.15  compliance to support advertising claims. 
275.16     (b) The plant owner is liable for all costs associated with 
275.17  a withdrawal-from-distribution order or the quarantine, 
275.18  treatment, or destruction of plants.  The commissioner is not 
275.19  liable for actual or incidental costs incurred by a person due 
275.20  to the commissioner's actions.  The commissioner must be 
275.21  reimbursed by the owner of the plants for the actual expenses 
275.22  incurred in carrying out a withdrawal-from-distribution order or 
275.23  the quarantine, treatment, or destruction of any plants. 
275.24     (c) It is unlawful for a person to: 
275.25     (1) misrepresent, falsify, or knowingly distribute, sell, 
275.26  advertise, or display damaged, mislabeled, misrepresented, 
275.27  infested, or infected nursery stock; 
275.28     (2) fail to obtain a nursery certificate as required by the 
275.29  commissioner; 
275.30     (3) fail to renew a nursery certificate, but continue 
275.31  business operations; 
275.32     (4) fail to display a nursery certificate; 
275.33     (5) misrepresent or falsify a nursery certificate; 
275.34     (6) refuse to submit to a nursery inspection; 
275.35     (7) fail to provide the cooperation necessary to conduct a 
275.36  successful nursery inspection; 
276.1      (8) offer for sale uncertified plants, plant materials, or 
276.2   nursery stock; 
276.3      (9) possess an illegal regulated commodity; 
276.4      (10) violate or disobey a commissioner's order; 
276.5      (11) violate a quarantine issued by the commissioner; 
276.6      (12) fail to obtain phytosanitary certification for plant 
276.7   material or nursery stock brought into Minnesota; 
276.8      (13) deface, mutilate, or destroy a nursery stock 
276.9   certificate, phytosanitary certificate, or phytosanitary 
276.10  preclearance certificate, or other commissioner mark, permit, or 
276.11  certificate; 
276.12     (14) fail to notify the commissioner of an uncertified 
276.13  shipment of plants, plant materials, or nursery stock; or 
276.14     (15) transport uncertified plants, plant materials, or 
276.15  nursery stock in Minnesota. 
276.16     Sec. 15.  [18H.16] [POLITICAL SUBDIVISION ORDINANCES.] 
276.17     A political subdivision must not enact an ordinance or 
276.18  resolution that conflicts with this chapter. 
276.19     Sec. 16.  [18H.17] [NURSERY AND PHYTOSANITARY ACCOUNT.] 
276.20     A nursery and phytosanitary account is established in the 
276.21  state treasury.  The fees and penalties collected under this 
276.22  chapter and interest attributable to money in the account must 
276.23  be deposited in the state treasury and credited to the nursery 
276.24  and phytosanitary account in the agricultural fund.  Money in 
276.25  the account, including interest earned, is annually appropriated 
276.26  to the commissioner for the administration and enforcement for 
276.27  this chapter. 
276.28     Sec. 17.  [18H.18] [CONSERVATION OF CERTAIN WILDFLOWERS.] 
276.29     Subdivision 1.  [RESTRICTIONS ON COLLECTING.] No person 
276.30  shall distribute the state flower (Cypripedium reginae), or any 
276.31  species of lady slipper (Cypripedieae), any member of the orchid 
276.32  family, any gentian (Gentiana), arbutus (epigaea repens), lilies 
276.33  (Lilium), coneflowers (Echinacea), bloodroot (Sanguinaria 
276.34  Canadensis), mayapple (Podophyllum peltatutum), any species of 
276.35  trillium, or lotus (Nelumbo lutea), which have been collected in 
276.36  any manner from any public or private property without the 
277.1   written permission of the property owner and written 
277.2   authorization from the commissioner. 
277.3      Subd. 2.  [COLLECTION WITHOUT SALE.] Wildflower collection 
277.4   from public or private land for the purpose of transplanting the 
277.5   plants to a person's private property and not offering for 
277.6   immediate sale, requires the written permission from the 
277.7   property owner of the land on which the wildflowers are growing. 
277.8      Subd. 3.  [COLLECTION WITH INTENT TO SELL OR DISTRIBUTE 
277.9   WILDFLOWERS.] (a) The wildflowers listed in this section may be 
277.10  offered for immediate sale only if the plants are to be used for 
277.11  scientific or herbarium purposes. 
277.12     (b) The wildflowers listed in this section must not be 
277.13  collected and sold commercially unless the plants are: 
277.14     (1) growing naturally, collected, and cultivated on the 
277.15  collector's property; or 
277.16     (2) collected through the process described in subdivision 
277.17  2 and transplanted and cultivated on the collector's property. 
277.18     (c) The collector must obtain a written permit from the 
277.19  commissioner before the plants may be offered for commercial 
277.20  sale. 
277.21                             ARTICLE 6 
277.22                     INSPECTION AND ENFORCEMENT 
277.23     Section 1.  [18J.01] [DEFINITIONS.] 
277.24     (a) The definitions in sections 18G.02 and 18H.02 apply to 
277.25  this chapter. 
277.26     (b) For purposes of this chapter, "associated rules" means 
277.27  rules adopted under this chapter, chapter 18G or 18H, or 
277.28  sections 21.80 to 21.92. 
277.29     Sec. 2.  [18J.02] [DUTIES OF COMMISSIONER.] 
277.30     The commissioner shall administer and enforce this chapter, 
277.31  chapters 18G and 18H, sections 21.80 to 21.92, and associated 
277.32  rules. 
277.33     Sec. 3.  [18J.03] [CIVIL LIABILITY.] 
277.34     A person regulated by this chapter, chapter 18G or 18H, or 
277.35  sections 21.80 to 21.92, is civilly liable for any violation of 
277.36  one of those statutes or associated rules by the person's 
278.1   employee or agent. 
278.2      Sec. 4.  [18J.04] [INSPECTION, SAMPLING, ANALYSIS.] 
278.3      Subdivision 1.  [ACCESS AND ENTRY.] The commissioner, upon 
278.4   presentation of official department credentials, must be granted 
278.5   immediate access at reasonable times to sites where a person 
278.6   manufactures, distributes, uses, handles, disposes of, stores, 
278.7   or transports seeds, plants, or other living or nonliving 
278.8   products or other objects regulated under chapter 18G or 18H, 
278.9   sections 21.80 to 21.92, or associated rules. 
278.10     Subd. 2.  [PURPOSE OF ENTRY.] (a) The commissioner may 
278.11  enter sites for:  
278.12     (1) inspection of inventory and equipment for the 
278.13  manufacture, storage, handling, distribution, disposal, or any 
278.14  other process regulated under chapter 18G or 18H, sections 21.80 
278.15  to 21.92, or associated rules; 
278.16     (2) sampling of sites, seeds, plants, products, or other 
278.17  living or nonliving objects that are manufactured, stored, 
278.18  distributed, handled, or disposed of at those sites and 
278.19  regulated under chapter 18G or 18H, sections 21.80 to 21.92, or 
278.20  associated rules; 
278.21     (3) inspection of records related to the manufacture, 
278.22  distribution, storage, handling, or disposal of seeds, plants, 
278.23  products, or other living or nonliving objects regulated under 
278.24  chapter 18G or 18H, sections 21.80 to 21.92, or associated 
278.25  rules; 
278.26     (4) investigating compliance with chapter 18G or 18H, 
278.27  sections 21.80 to 21.92, or associated rules; or 
278.28     (5) other purposes necessary to implement chapter 18G or 
278.29  18H, sections 21.80 to 21.92, or associated rules. 
278.30     (b) The commissioner may enter any public or private 
278.31  premises during or after regular business hours without notice 
278.32  of inspection when a suspected violation of chapter 18G or 18H, 
278.33  sections 21.80 to 21.92, or associated rules may threaten public 
278.34  health or the environment. 
278.35     Subd. 3.  [NOTICE OF INSPECTION SAMPLES AND ANALYSES.] (a) 
278.36  The commissioner shall provide the owner, operator, or agent in 
279.1   charge with a receipt describing any samples obtained.  If 
279.2   requested, the commissioner shall split any samples obtained and 
279.3   provide them to the owner, operator, or agent in charge.  If an 
279.4   analysis is made of the samples, a copy of the results of the 
279.5   analysis must be furnished to the owner, operator, or agent in 
279.6   charge within 30 days after an analysis has been performed.  If 
279.7   an analysis is not performed, the commissioner must notify the 
279.8   owner, operator, or agent in charge within 30 days of the 
279.9   decision not to perform the analysis. 
279.10     (b) The sampling and analysis must be done according to 
279.11  methods provided for under applicable provisions of chapter 18G 
279.12  or 18H, sections 21.80 to 21.92, or associated rules.  In cases 
279.13  not covered by those sections and methods or in cases where 
279.14  methods are available in which improved applicability has been 
279.15  demonstrated the commissioner may adopt appropriate methods from 
279.16  other sources. 
279.17     Subd. 4.  [INSPECTION REQUESTS BY OTHERS.] (a) A person who 
279.18  believes that a violation of chapter 18G or 18H, sections 21.80 
279.19  to 21.92, or associated rules has occurred may request an 
279.20  inspection by giving notice to the commissioner of the 
279.21  violation.  The notice must be in writing, state with reasonable 
279.22  particularity the grounds for the notice, and be signed by the 
279.23  person making the request. 
279.24     (b) If after receiving a notice of violation the 
279.25  commissioner reasonably believes that a violation has occurred, 
279.26  the commissioner shall make a special inspection in accordance 
279.27  with the provisions of this section as soon as practicable, to 
279.28  determine if a violation has occurred. 
279.29     (c) An inspection conducted pursuant to a notice under this 
279.30  subdivision may cover an entire site and is not limited to the 
279.31  portion of the site specified in the notice.  If the 
279.32  commissioner determines that reasonable grounds to believe that 
279.33  a violation occurred do not exist, the commissioner must notify 
279.34  the person making the request in writing of the determination. 
279.35     Subd. 5.  [ORDER TO ENTER AFTER REFUSAL.] After a refusal, 
279.36  or an anticipated refusal based on a prior refusal, to allow 
280.1   entrance on a prior occasion by an owner, operator, or agent in 
280.2   charge to allow entry as specified in this section, the 
280.3   commissioner may apply for an order in the district court in the 
280.4   county where a site is located, that compels a person with 
280.5   authority to allow the commissioner to enter and inspect the 
280.6   site. 
280.7      Subd. 6.  [VIOLATOR LIABLE FOR INSPECTION COSTS.] (a) The 
280.8   cost of reinspection and reinvestigation may be assessed by the 
280.9   commissioner if the person subject to an order of the 
280.10  commissioner does not comply with the order in a reasonable time 
280.11  as provided in the order. 
280.12     (b) The commissioner may enter an order for recovery of the 
280.13  inspection and investigation costs. 
280.14     Subd. 7.  [INVESTIGATION AUTHORITY.] (a) In making 
280.15  inspections under this chapter, the commissioner may administer 
280.16  oaths, certify official acts, issue subpoenas to take and cause 
280.17  to be taken depositions of witnesses, and compel the attendance 
280.18  of witnesses and production of papers, books, documents, 
280.19  records, and testimony. 
280.20     (b) If a person fails to comply with a subpoena, or a 
280.21  witness refuses to produce evidence or to testify to a matter 
280.22  about which the person may be lawfully questioned, the district 
280.23  court shall, on application of the commissioner, compel 
280.24  obedience proceedings for contempt, as in the case of 
280.25  disobedience of the requirements of a subpoena issued by the 
280.26  court or a refusal to testify in court. 
280.27     Sec. 5.  [18J.05] [ENFORCEMENT.] 
280.28     Subdivision 1.  [ENFORCEMENT REQUIRED.] (a) A violation of 
280.29  chapter 18G or 18H, sections 21.80 to 21.92, or an associated 
280.30  rule is a violation of this chapter. 
280.31     (b) Upon the request of the commissioner, county attorneys, 
280.32  sheriffs, and other officers having authority in the enforcement 
280.33  of the general criminal laws must take action to the extent of 
280.34  their authority necessary or proper for the enforcement of 
280.35  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
280.36  or valid orders, standards, stipulations, and agreements of the 
281.1   commissioner. 
281.2      Subd. 2.  [COMMISSIONER'S DISCRETION.] If minor violations 
281.3   of chapter 18G or 18H, sections 21.80 to 21.92, or associated 
281.4   rules occur or the commissioner believes the public interest 
281.5   will be best served by a suitable notice of warning in writing, 
281.6   this section does not require the commissioner to: 
281.7      (1) report the violation for prosecution; 
281.8      (2) institute seizure proceedings; or 
281.9      (3) issue a withdrawal from distribution, stop-sale, or 
281.10  other order. 
281.11     Subd. 3.  [CIVIL ACTIONS.] Civil judicial enforcement 
281.12  actions may be brought by the attorney general in the name of 
281.13  the state on behalf of the commissioner.  A county attorney may 
281.14  bring a civil judicial enforcement action upon the request of 
281.15  the commissioner and agreement by the attorney general. 
281.16     Subd. 4.  [INJUNCTION.] The commissioner may apply to a 
281.17  court with jurisdiction for a temporary or permanent injunction 
281.18  to prevent, restrain, or enjoin violations of this chapter. 
281.19     Subd. 5.  [CRIMINAL ACTIONS.] For a criminal action, the 
281.20  county attorney from the county where a criminal violation 
281.21  occurred is responsible for prosecuting a violation of this 
281.22  chapter.  If the county attorney refuses to prosecute, the 
281.23  attorney general on request of the commissioner may prosecute. 
281.24     Subd. 6.  [AGENT FOR SERVICE OF PROCESS.] All persons 
281.25  licensed, permitted, registered, or certified under chapter 18G 
281.26  or 18H, sections 21.80 to 21.92, or associated rules must 
281.27  appoint the commissioner as the agent upon whom all legal 
281.28  process may be served and service upon the commissioner is 
281.29  deemed to be service on the licensee, permittee, registrant, or 
281.30  certified person. 
281.31     Sec. 6.  [18J.06] [FALSE STATEMENT OR RECORD.] 
281.32     A person must not knowingly make or offer a false 
281.33  statement, record, or other information as part of: 
281.34     (1) an application for registration, license, 
281.35  certification, or permit under chapter 18G or 18H, sections 
281.36  21.80 to 21.92, or associated rules; 
282.1      (2) records or reports required under chapter 18G or 18H, 
282.2   sections 21.80 to 21.92, or associated rules; or 
282.3      (3) an investigation of a violation of chapter 18G or 18H, 
282.4   sections 21.80 to 21.92, or associated rules. 
282.5      Sec. 7.  [18J.07] [ADMINISTRATIVE ACTION.] 
282.6      Subdivision 1.  [ADMINISTRATIVE REMEDIES.] The commissioner 
282.7   may seek to remedy violations by a written warning, 
282.8   administrative meeting, cease and desist, stop-use, stop-sale, 
282.9   removal, correction order, or an order, seizure, stipulation, or 
282.10  agreement, if the commissioner determines that the remedy is in 
282.11  the public interest. 
282.12     Subd. 2.  [REVOCATION AND SUSPENSION.] The commissioner 
282.13  may, after written notice and hearing, revoke, suspend, or 
282.14  refuse to grant or renew a registration, permit, license, or 
282.15  certification if a person violates this chapter or has a history 
282.16  within the last three years of violation of this chapter. 
282.17     Subd. 3.  [CANCELLATION OF REGISTRATION, PERMIT, LICENSE, 
282.18  CERTIFICATION.] The commissioner may cancel or revoke a 
282.19  registration, permit, license, or certification provided for 
282.20  under chapter 18G or 18H, sections 21.80 to 21.92, or associated 
282.21  rules or refuse to register, permit, license, or certify under 
282.22  provisions of chapter 18G or 18H, sections 21.80 to 21.92, or 
282.23  associated rules if the registrant, permittee, licensee, or 
282.24  certified person has used fraudulent or deceptive practices in 
282.25  the evasion or attempted evasion of a provision of chapter 18G 
282.26  or 18H, sections 21.80 to 21.92, or associated rules. 
282.27     Subd. 4.  [SERVICE OF ORDER OR NOTICE.] (a) If a person is 
282.28  not available for service of an order, the commissioner may 
282.29  attach the order to the facility, site, seed or seed container, 
282.30  plant or other living or nonliving object regulated under 
282.31  chapter 18G or 18H, sections 21.80 to 21.92, or associated rules 
282.32  and notify the owner, custodian, other responsible party, or 
282.33  registrant. 
282.34     (b) The seed, seed container, plant, or other living or 
282.35  nonliving object regulated under chapter 18G or 18H, sections 
282.36  21.80 to 21.92, or associated rules may not be sold, used, 
283.1   tampered with, or removed until released under conditions 
283.2   specified by the commissioner, by an administrative law judge, 
283.3   or by a court. 
283.4      Subd. 5.  [UNSATISFIED JUDGMENTS.] (a) An applicant for a 
283.5   license, permit, registration, or certification under provisions 
283.6   of this chapter, chapter 18G or 18H, sections 21.80 to 21.92, or 
283.7   associated rules may not allow a final judgment against the 
283.8   applicant for damages arising from a violation of those statutes 
283.9   or rules to remain unsatisfied for a period of more than 30 days.
283.10     (b) Failure to satisfy, within 30 days, a final judgment 
283.11  resulting from a violation of this chapter results in automatic 
283.12  suspension of the license, permit, registration, or 
283.13  certification. 
283.14     Sec. 8.  [18J.08] [APPEALS OF COMMISSIONER'S ORDERS.] 
283.15     Subdivision 1.  [NOTICE OF APPEAL.] (a) After service of an 
283.16  order, a person has 45 days from receipt of the order to notify 
283.17  the commissioner in writing that the person intends to contest 
283.18  the order. 
283.19     (b) If the person fails to notify the commissioner that the 
283.20  person intends to contest the order, the order is a final order 
283.21  of the commissioner and not subject to further judicial or 
283.22  administrative review. 
283.23     Subd. 2.  [ADMINISTRATIVE REVIEW.] If a person notifies the 
283.24  commissioner that the person intends to contest an order issued 
283.25  under this section, the state office of administrative hearings 
283.26  must conduct a hearing in accordance with the applicable 
283.27  provisions of chapter 14 for hearings in contested cases. 
283.28     Subd. 3.  [JUDICIAL REVIEW.] Judicial review of a final 
283.29  decision in a contested case is available as provided in chapter 
283.30  14. 
283.31     Sec. 9.  [18J.09] [CREDITING OF PENALTIES, FEES, AND 
283.32  COSTS.] 
283.33     Penalties, cost reimbursements, fees, and other money 
283.34  collected under this chapter must be deposited into the state 
283.35  treasury and credited to the appropriate nursery and 
283.36  phytosanitary or seed account. 
284.1      Sec. 10.  [18J.10] [CIVIL PENALTIES.] 
284.2      Subdivision 1.  [GENERAL PENALTY.] Except as provided in 
284.3   subdivision 2, a person who violates this chapter or an order, 
284.4   standard, stipulation, agreement, or schedule of compliance of 
284.5   the commissioner is subject to a civil penalty of up to $7,500 
284.6   per day of violation as determined by the court. 
284.7      Subd. 2.  [DEFENSE TO CIVIL REMEDIES AND DAMAGES.] As a 
284.8   defense to a civil penalty or claim for damages under 
284.9   subdivision 1, the defendant may prove that the violation was 
284.10  caused solely by an act of God, an act of war, or an act or 
284.11  failure to act that constitutes sabotage or vandalism, or any 
284.12  combination of these defenses. 
284.13     Subd. 3.  [ACTIONS TO COMPEL PERFORMANCE.] In an action to 
284.14  compel performance of an order of the commissioner to enforce a 
284.15  provision of this chapter, the court may require a defendant 
284.16  adjudged responsible to perform the acts within the person's 
284.17  power that are reasonably necessary to accomplish the purposes 
284.18  of the order. 
284.19     Subd. 4.  [RECOVERY OF PENALTIES BY CIVIL ACTION.] The 
284.20  civil penalties and payments provided for in this chapter may be 
284.21  recovered by a civil action brought by the county attorney or 
284.22  the attorney general in the name of the state. 
284.23     Sec. 11.  [18J.11] [CRIMINAL PENALTIES.] 
284.24     Subdivision 1.  [GENERAL VIOLATION.] Except as provided in 
284.25  subdivisions 2 and 3, a person is guilty of a misdemeanor if the 
284.26  person violates this chapter or an order, standard, stipulation, 
284.27  agreement, or schedule of compliance of the commissioner. 
284.28     Subd. 2.  [VIOLATION ENDANGERING HUMANS.] A person is 
284.29  guilty of a gross misdemeanor if the person violates this 
284.30  chapter or an order, standard, stipulation, agreement, or 
284.31  schedule of compliance of the commissioner, and the violation 
284.32  endangers humans. 
284.33     Subd. 3.  [VIOLATION WITH KNOWLEDGE.] A person is guilty of 
284.34  a gross misdemeanor if the person knowingly violates this 
284.35  chapter or an order, standard, stipulation, agreement, or 
284.36  schedule of compliance of the commissioner. 
285.1                              ARTICLE 7 
285.2                          CONFORMING CHANGES 
285.3      Section 1.  [REPEALER.] 
285.4      (a) Minnesota Statutes 2002, sections 17.23; 18.012; 
285.5   18.021; 18.022; 18.0223; 18.0225; 18.0227; 18.0228; 18.0229; 
285.6   18.023; 18.024; 18.041; 18.051; 18.061; 18.071; 18.081; 18.091; 
285.7   18.101; 18.111; 18.121; 18.131; 18.141; 18.151; 18.161; 18.331; 
285.8   18.332; 18.333; 18.334; 18.335; 18.44; 18.45; 18.46; 18.47; 
285.9   18.48; 18.49; 18.50; 18.51; 18.52; 18.525; 18.53; 18.54; 18.55; 
285.10  18.56; 18.57; 18.59; 18.60; 18.61; 18.85, are repealed. 
285.11     (b) Minnesota Rules, part 1510.0281, is repealed. 
285.12                             ARTICLE 8 
285.13                              SEED LAW 
285.14     Section 1.  Minnesota Statutes 2002, section 21.81, is 
285.15  amended by adding a subdivision to read: 
285.16     Subd. 7a.  [DORMANT.] "Dormant" means viable seed, 
285.17  exclusive of hard seed, that fail to germinate under the 
285.18  specified germination conditions for the kind of seed. 
285.19     Sec. 2.  Minnesota Statutes 2002, section 21.81, 
285.20  subdivision 8, is amended to read: 
285.21     Subd. 8.  [FLOWER SEEDS.] "Flower seeds" includes seeds of 
285.22  herbaceous plants grown for their blooms, ornamental foliage, or 
285.23  other ornamental parts and commonly known and sold under the 
285.24  name of flower seeds in this state.  This does not include 
285.25  native or introduced wildflowers. 
285.26     Sec. 3.  Minnesota Statutes 2002, section 21.81, is amended 
285.27  by adding a subdivision to read: 
285.28     Subd. 10a.  [HARD SEED.] "Hard seed" means seeds that 
285.29  remain hard at the end of the prescribed test period because 
285.30  they have not absorbed water due to an impermeable seed coat. 
285.31     Sec. 4.  Minnesota Statutes 2002, section 21.81, is amended 
285.32  by adding a subdivision to read: 
285.33     Subd. 11a.  [INERT MATTER.] "Inert matter" means all matter 
285.34  that is not seed, including broken seeds, sterile florets, 
285.35  chaff, fungus bodies, and stones as determined by methods 
285.36  defined by rule. 
286.1      Sec. 5.  Minnesota Statutes 2002, section 21.81, is amended 
286.2   by adding a subdivision to read: 
286.3      Subd. 16a.  [NATIVE WILDFLOWER.] "Native wildflower" means 
286.4   a kind, type, or variety of wildflower derived from wildflowers 
286.5   that are indigenous to Minnesota and wildflowers that are 
286.6   defined or designated as native species under chapter 84D. 
286.7      Sec. 6.  Minnesota Statutes 2002, section 21.81, is amended 
286.8   by adding a subdivision to read: 
286.9      Subd. 17b.  [ORIGIN.] "Origin," for an indigenous stand of 
286.10  trees, means the area on which the trees are growing and, for a 
286.11  nonindigenous stand, the place from which the seed or plants 
286.12  were originally introduced.  "Origin" for agricultural and 
286.13  vegetable seed is the area where the seed was produced, and for 
286.14  native grasses and forbs, it is the area where the original seed 
286.15  was harvested. 
286.16     Sec. 7.  Minnesota Statutes 2002, section 21.81, is amended 
286.17  by adding a subdivision to read: 
286.18     Subd. 17c.  [OTHER CROP SEED.] "Other crop seed" means seed 
286.19  of plants grown as crops, other than the variety included in the 
286.20  pure seed, as determined by methods defined by rule. 
286.21     Sec. 8.  Minnesota Statutes 2002, section 21.81, is amended 
286.22  by adding a subdivision to read: 
286.23     Subd. 17d.  [PERSON.] "Person" means an individual, firm, 
286.24  corporation, partnership, association, trust, joint stock 
286.25  company, or unincorporated organization; the state, a state 
286.26  agency, or a political subdivision. 
286.27     Sec. 9.  Minnesota Statutes 2002, section 21.82, is amended 
286.28  to read: 
286.29     21.82 [LABEL REQUIREMENTS; AGRICULTURAL, VEGETABLE, OR 
286.30  FLOWER, OR WILDFLOWER SEEDS.] 
286.31     Subdivision 1.  [FORM.] Each container of agricultural, 
286.32  vegetable, or flower, or wildflower seed which is offered for 
286.33  sale for sowing purposes shall must bear or have attached in a 
286.34  conspicuous place a plainly written or printed label or tag in 
286.35  the English language giving the information required by this 
286.36  section.  This statement shall must not be modified or denied in 
287.1   the labeling or on another label attached to the container.  
287.2      Subd. 2.  [CONTENT.] For agricultural, vegetable, or 
287.3   flower, or wildflower seeds offered for sale as agricultural 
287.4   seed, except as otherwise provided in subdivisions 4, 5, and 
287.5   6, 7 and 8, the label shall must contain:  
287.6      (a) The name of the kind or kind and variety for each 
287.7   agricultural or vegetable seed component in excess of five 
287.8   percent of the whole and the percentage by weight of each in 
287.9   order of its predominance.  The commissioner shall by rule 
287.10  designate the kinds that are required to be labeled as to 
287.11  variety.  If the variety of those kinds generally labeled as to 
287.12  variety is not stated and it is not required to be stated, the 
287.13  label shall show the name of the kind and the words:  "Variety 
287.14  not stated."  The heading "pure seed" must be indicated on the 
287.15  seed label in close association with other required label 
287.16  information.  
287.17     (1) The percentage that is hybrid shall be at least 95 
287.18  percent of the percentage of pure seed shown unless the 
287.19  percentage of pure seed which is hybrid seed is shown 
287.20  separately.  If two or more kinds or varieties are present in 
287.21  excess of five percent and are named on the label, each that is 
287.22  hybrid shall be designated as hybrid on the label.  Any one kind 
287.23  or kind and variety that has pure seed which is less than 95 
287.24  percent but more than 75 percent hybrid seed as a result of 
287.25  incompletely controlled pollination in a cross shall be labeled 
287.26  to show the percentage of pure seed that is hybrid seed or a 
287.27  statement such as "contains from 75 percent to 95 percent hybrid 
287.28  seed."  No one kind or variety of seed shall be labeled as 
287.29  hybrid if the pure seed contains less than 75 percent hybrid 
287.30  seed.  The word hybrid shall be shown on the label in 
287.31  conjunction with the kind.  
287.32     (2) Blends shall be listed on the label using the term 
287.33  "blend" in conjunction with the kind.  
287.34     (3) Mixtures shall be listed on the label using the term 
287.35  "mixture," "mix," or "mixed."  
287.36     (b) Lot number or other lot identification.  
288.1      (c) Origin, if known, or that the origin is unknown.  
288.2      (d) Percentage by weight of all weed seeds present in 
288.3   agricultural, vegetable, or flower seed.  This percentage may 
288.4   not exceed one percent.  If weed seeds are not present in 
288.5   vegetable or flower seeds, The heading "weed seeds seed" may be 
288.6   omitted from the label must be indicated on the seed label in 
288.7   close association with other required label information.  
288.8      (e) Name and rate of occurrence per pound of each kind of 
288.9   restricted noxious weed seeds present.  They shall must be 
288.10  listed under the heading "noxious weed seeds."  If noxious weed 
288.11  seeds are not present in vegetable or flower seeds, the heading 
288.12  "noxious weed seeds" may be omitted from the label in close 
288.13  association with other required label information.  
288.14     (f) Percentage by weight of agricultural, vegetable, or 
288.15  flower seeds other than those kinds and varieties required to be 
288.16  named on the label.  They shall must be listed under the heading 
288.17  "other crop."  If "other crop" seeds are not present in 
288.18  vegetable or flower seeds, the heading "other crop" may be 
288.19  omitted from the label in close association with other required 
288.20  label information.  
288.21     (g) Percentage by weight of inert matter.  The heading 
288.22  "inert matter" must be indicated on the seed label in close 
288.23  association with other required label information.  
288.24     (h) Net weight of contents, to appear on either the 
288.25  container or the label, except that in the case of vegetable or 
288.26  flower seed containers with contents of 200 seeds or less, a 
288.27  statement indicating the number of seeds in the container may be 
288.28  listed along with or in lieu of the net weight of contents.  
288.29     (i) For each named agricultural or vegetable kind or 
288.30  variety of seed:  
288.31     (1) percentage of germination, exclusive of hard or dormant 
288.32  seed or both; 
288.33     (2) percentage of hard or dormant seed or both, if present; 
288.34  and 
288.35     (3) the calendar month and year the percentages were 
288.36  determined by test or the statement "sell by (month and year)" 
289.1   which may not be more than 12 months from the date of test, 
289.2   exclusive of the month of test.  
289.3   The headings for "germination" and "hard seed or dormant seed" 
289.4   percentages must be stated separately on the seed label.  A 
289.5   separate percentage derived from combining these percentages may 
289.6   also be stated on the seed label, but the heading for this 
289.7   percentage must be "total germination and hard seed or dormant 
289.8   seed when applicable."  They must not be stated as "total live 
289.9   seed," "total germination," or in any other unauthorized manner. 
289.10     (j) Name and address of the person who labeled the seed or 
289.11  who sells the seed within this state, or a code number which has 
289.12  been registered with the commissioner.  
289.13     Subd. 3.  [TREATED SEED.] For all named agricultural, 
289.14  vegetable, or flower, or wildflower seeds which are treated, for 
289.15  which a separate label may be used, the label shall must contain:
289.16     (a) (1) a word or statement to indicate that the seed has 
289.17  been treated; 
289.18     (b) (2) the commonly accepted, coined, chemical, or 
289.19  abbreviated generic chemical name of the applied substance; 
289.20     (c) (3) the caution statement "Do not use for food, feed, 
289.21  or oil purposes" if the substance in the amount present with the 
289.22  seed is harmful to human or other vertebrate animals; 
289.23     (d) (4) in the case of mercurials or similarly toxic 
289.24  substances, a poison statement and symbol; 
289.25     (e) (5) a word or statement describing the process used 
289.26  when the treatment is not of pesticide origin; and 
289.27     (f) (6) the date beyond which the inoculant is considered 
289.28  ineffective if the seed is treated with an inoculant.  It shall 
289.29  must be listed on the label as "inoculant:  expires (month and 
289.30  year)" or wording that conveys the same meaning.  
289.31     Subd. 4.  [HYBRID SEED CORN.] For hybrid seed corn purposes 
289.32  a label shall must contain:  
289.33     (a) (1) a statement indicating the number of seeds in the 
289.34  container may be listed along with or in lieu of the net weight 
289.35  of contents; and 
289.36     (b) (2) for each variety of hybrid seed field corn, the day 
290.1   classification as determined by the originator or owner.  The 
290.2   day classification shall must approximate the number of days of 
290.3   growing season necessary from emergence of the corn plant above 
290.4   ground to relative maturity and shall must conform to the day 
290.5   classification established by the director of the Minnesota 
290.6   agricultural experiment station for the appropriate zone.  
290.7      Subd. 5.  [GRASS SEED.] For grass seed and mixtures of 
290.8   grass seeds intended for lawn and turf purposes, the 
290.9   requirements in clauses paragraphs (a) to (c) and (b) must be 
290.10  met.  
290.11     (a) The label shall must contain the percentage by weight 
290.12  of inert matter, up to ten percent by weight except for those 
290.13  kinds specified by rule.  The percentage by weight of foreign 
290.14  material not common to grass seed must be listed as a separate 
290.15  item in close association with the inert matter 
290.16  percentage statement "sell by (month and year listed here)" 
290.17  which may be no more than 15 months from the date of test, 
290.18  exclusive of the month of test.  
290.19     (b) If the seed contains no "other crop" seed, the 
290.20  following statement may be used and may be flagged:  "contains 
290.21  no other crop seed."  
290.22     (c) When grass seeds are sold outside their original 
290.23  containers, the labeling requirements are met if the seed is 
290.24  weighed from a properly labeled container in the presence of the 
290.25  purchaser.  
290.26     Subd. 6.  [COATED AGRICULTURAL SEEDS.] For coated 
290.27  agricultural seeds the label shall must contain:  
290.28     (a) (1) percentage by weight of pure seeds with coating 
290.29  material removed; 
290.30     (b) (2) percentage by weight of coating material shown as a 
290.31  separate item in close association with the percentage of inert 
290.32  matter; and 
290.33     (c) (3) percentage of germination determined on 400 pellets 
290.34  with or without seeds.  
290.35     Subd. 7.  [VEGETABLE SEEDS.] For vegetable seeds prepared 
290.36  for use in home gardens or household plantings the requirements 
291.1   in clauses paragraphs (a) to (d) (p) apply.  The origin may be 
291.2   omitted from the label.  Vegetable seeds packed for sale in 
291.3   commercial quantities to farmers, conservation groups, and other 
291.4   similar entities are considered agricultural seeds and must be 
291.5   labeled accordingly.  
291.6      (a) The label shall must contain the following: name of the 
291.7   kind or kind and variety for each seed component in excess of 
291.8   five percent of the whole and the percentage by weight of each 
291.9   in order of its predominance.  If the variety of those kinds 
291.10  generally labeled as to variety is not stated and it is not 
291.11  required to be stated, the label must show the name of the kind 
291.12  and the words "variety not stated." 
291.13     (b) The percentage that is hybrid must be at least 95 
291.14  percent of the percentage of pure seed shown unless the 
291.15  percentage of pure seed which is hybrid seed is shown 
291.16  separately.  If two or more kinds of varieties are present in 
291.17  excess of five percent and are named on the label, each that is 
291.18  hybrid must be designated as hybrid on the label.  Any one kind 
291.19  or kind and variety that has pure seed that is less than 95 
291.20  percent but more than 75 percent hybrid seed as a result of 
291.21  incompletely controlled pollination in a cross must be labeled 
291.22  to show the percentage of pure seed that is hybrid seed or a 
291.23  statement such as "contains from 75 percent to 95 percent hybrid 
291.24  seed."  No one kind or variety of seed may be labeled as hybrid 
291.25  if the pure seed contains less than 75 percent hybrid seed.  The 
291.26  word "hybrid" must be shown on the label in conjunction with the 
291.27  kind. 
291.28     (c) Blends must be listed on the label using the term 
291.29  "blend" in conjunction with the kind. 
291.30     (d) Mixtures shall be listed on the label using the term 
291.31  "mixture," "mix," or "mixed." 
291.32     (e) The label must show a lot number or other lot 
291.33  identification. 
291.34     (f) The origin may be omitted from the label.  
291.35     (1) (g) The label must show the year for which the seed was 
291.36  packed for sale listed as "packed for (year)," or for seed with 
292.1   a percentage of germination that exceeds the standard last 
292.2   established by the commissioner, the percentage of germination 
292.3   and the calendar month and year that the percentages were 
292.4   determined by test; and, or the calendar month and year the 
292.5   germination test was completed and the statement "sell by (month 
292.6   and year listed here)," which may be no more than 12 months from 
292.7   the date of test, exclusive of the month of test. 
292.8      (2) (h) For vegetable seeds which germinate less than the 
292.9   standard last established by the commissioner, the label must 
292.10  show:  
292.11     (i) (1) a percentage of germination, exclusive of hard or 
292.12  dormant seed or both; 
292.13     (ii) (2) a percentage of hard or dormant seed or both, if 
292.14  present; and 
292.15     (iii) (3) the words "below standard" in not less than eight 
292.16  point type and the month and year the percentages were 
292.17  determined by test. 
292.18     (i) The net weight of the contents must appear on either 
292.19  the container or the label, except that for containers with 
292.20  contents of 200 seeds or less a statement indicating the number 
292.21  of seeds in the container may be listed along with or in lieu of 
292.22  the net weight of contents.  
292.23     (b) (j) The heading for and percentage by weight of pure 
292.24  seed may be omitted from a label if the total is more than 90 
292.25  percent. 
292.26     (k) The heading for and percentage by weight of weed seed 
292.27  may be omitted from a label if they are not present in the seed. 
292.28     (l) The heading "noxious weed seeds" may be omitted from a 
292.29  label if they are not present in the seed. 
292.30     (m) The heading for and percentage by weight of other crop 
292.31  seed may be omitted from a label if it is less than five percent.
292.32     (c) (n) The heading for and percentage by weight of inert 
292.33  matter may be omitted from a label if it is less than ten 
292.34  percent. 
292.35     (o) The label must contain the name and address of the 
292.36  person who labeled the seed or who sells the seed in this state 
293.1   or a code number that has been registered with the commissioner. 
293.2      (d) (p) The labeling requirements for vegetable seeds 
293.3   prepared for use in home gardens or household plantings when 
293.4   sold outside their original containers are met if the seed is 
293.5   weighed from a properly labeled container in the presence of the 
293.6   purchaser.  
293.7      Subd. 8.  [FLOWER SEEDS.] (a) All flower seed labels shall 
293.8   contain: For flower and wildflower seeds prepared for use in 
293.9   home gardens or household plantings, the requirements in 
293.10  paragraphs (a) to (l) apply.  Flower and wildflower seeds packed 
293.11  for sale in commercial quantities to farmers, conservation 
293.12  groups, and other similar entities are considered agricultural 
293.13  seeds and must be labeled accordingly.  
293.14     (1) (a) The label must contain the name of the kind and 
293.15  variety or a statement of type and performance characteristics 
293.16  as prescribed by rules; rule. 
293.17     (b) The percentage that is hybrid must be at least 95 
293.18  percent of the percentage of pure seed shown unless the 
293.19  percentage of pure seed which is hybrid seed is shown 
293.20  separately.  If two or more kinds of varieties are present in 
293.21  excess of five percent and are named on the label, each that is 
293.22  hybrid must be designated as hybrid on the label.  Any one kind 
293.23  or kind and variety that has pure seed that is less than 95 
293.24  percent but more than 75 percent hybrid seed as a result of 
293.25  incompletely controlled pollination in a cross must be labeled 
293.26  to show the percentage of pure seed that is hybrid seed or a 
293.27  statement such as "contains from 75 percent to 95 percent hybrid 
293.28  seed."  No one kind or variety of seed may be labeled as hybrid 
293.29  if the pure seed contains less than 75 percent hybrid seed.  The 
293.30  word "hybrid" must be shown on the label in conjunction with the 
293.31  kind. 
293.32     (c) Blends must be listed on the label using the term 
293.33  "blend" in conjunction with the kind. 
293.34     (d) Mixtures must be listed on the label using the term 
293.35  "mixture," "mix," or "mixed." 
293.36     (e) The label must contain the lot number or other lot 
294.1   identification. 
294.2      (f) The origin may be omitted from the label. 
294.3      (2) (g) The label must contain the year for which the seed 
294.4   was packed for sale listed as "packed for (year)," or for seed 
294.5   with a percentage of germination that exceeds the standard last 
294.6   established by the commissioner, the percentage of germination 
294.7   and the calendar month and year that the percentage was 
294.8   percentages were determined by test; and, or the calendar month 
294.9   and year the germination test was completed and the statement 
294.10  "sell by (month and year listed here)," which may be no more 
294.11  than 12 months from the date of test, exclusive of the month of 
294.12  test. 
294.13     (3) (h) For flower seeds which germinate less than the 
294.14  standard last established by the commissioner, the label must 
294.15  show:  
294.16     (i) the (1) percentage of germination exclusive of hard or 
294.17  dormant seed or both; and 
294.18     (ii) (2) percentage of hard or dormant seed or both, if 
294.19  present; and 
294.20     (3) the words "below standard" in not less than eight point 
294.21  type and the month and year this percentage was determined by 
294.22  test.  
294.23     (b) The origin may be omitted from the label. 
294.24     (i) The label must show the net weight of contents on 
294.25  either the container or the label, except that for containers 
294.26  with contents of 200 seeds or less a statement indicating the 
294.27  number of seeds in the container may be listed along with or in 
294.28  lieu of the net weight of contents. 
294.29     (c) (j) The heading for and percentage by weight of pure 
294.30  seed may be omitted from a label if the total is more than 90 
294.31  percent. 
294.32     (k) The heading for and percentage by weight of weed seed 
294.33  may be omitted from a label if they are not present in the seed. 
294.34     (l) The heading "noxious weed seeds" may be omitted from a 
294.35  label if they are not present in the seed. 
294.36     (m) The heading for and percentage by weight of other crop 
295.1   seed may be omitted from a label if it is less than five percent.
295.2      (d) (n) The heading for and percentage by weight of inert 
295.3   matter may be omitted from a label if it is less than ten 
295.4   percent. 
295.5      (o) The label must show the name and address of the person 
295.6   who labeled the seed or who sells the seed within this state, or 
295.7   a code number which has been registered with the commissioner.  
295.8      Sec. 10.  Minnesota Statutes 2002, section 21.83, 
295.9   subdivision 2, is amended to read: 
295.10     Subd. 2.  [LABEL CONTENT.] For all tree or shrub seed 
295.11  subject to this section the label shall contain:  
295.12     (a) the common name of the species, and the subspecies if 
295.13  appropriate; 
295.14     (b) the scientific name of the genus and species, and the 
295.15  subspecies if appropriate; 
295.16     (c) the lot number or other lot identification; 
295.17     (d) for seed collected from a predominantly indigenous 
295.18  stand, the area of collection given by latitude and longitude, 
295.19  or geographic description, or political subdivision such as 
295.20  state or county; 
295.21     (e) for seed collected from a predominantly nonindigenous 
295.22  stand, the identity of the area of collection and the origin of 
295.23  the stand or the words "origin not indigenous"; 
295.24     (f) the elevation or the upper and lower limits of 
295.25  elevation within which the seed was collected; 
295.26     (g) the percentage of pure seed by weight; 
295.27     (h) for those kinds of seed for which standard testing 
295.28  procedures are prescribed:  
295.29     (1) the percentage of germination exclusive of hard or 
295.30  dormant seed; 
295.31     (2) the percentage of hard or dormant seed, if present; and 
295.32     (3) the calendar month and year the percentages were 
295.33  determined by test; or 
295.34     (4) in lieu of the requirements of clauses (1) to (3), the 
295.35  seed may be labeled "test is in progress, results will be 
295.36  supplied upon request"; 
296.1      (i) for those species for which standard germination 
296.2   testing procedures have not been prescribed by the commissioner, 
296.3   the calendar year in which the seed was collected; and 
296.4      (j) the name and address of the person who labeled the seed 
296.5   or who sells the seed within this state.  
296.6      Sec. 11.  Minnesota Statutes 2002, section 21.84, is 
296.7   amended to read: 
296.8      21.84 [RECORDS.] 
296.9      Each person whose name appears on the label of 
296.10  agricultural, vegetable, flower, wildflower, tree, or shrub 
296.11  seeds subject to section 21.82 or 21.83 shall keep for three 
296.12  years complete records of each lot of agricultural, vegetable, 
296.13  flower, wildflower, tree, or shrub seed sold in this state and 
296.14  shall keep for one year a file sample of each lot of seed after 
296.15  disposition of the lot.  In addition, the grower shall have as a 
296.16  part of the record a "genuine grower's declaration" or a "tree 
296.17  seed collector's declaration."  
296.18     Sec. 12.  Minnesota Statutes 2002, section 21.85, 
296.19  subdivision 11, is amended to read: 
296.20     Subd. 11.  [RULES.] The commissioner may make necessary 
296.21  rules for the proper enforcement of sections 21.80 to 
296.22  21.92 adopt rules under this chapter.  Existing rules shall 
296.23  remain in effect unless permanent rules are made that supersede 
296.24  them.  A violation of the rules is a violation of this chapter. 
296.25     Sec. 13.  Minnesota Statutes 2002, section 21.85, 
296.26  subdivision 13, is amended to read: 
296.27     Subd. 13.  [SAMPLING EXPORT SEED.] The commissioner may 
296.28  sample agricultural, vegetable, flower, wildflower, tree, or 
296.29  shrub seeds which are destined for export to other countries, 
296.30  and may establish and collect suitable fees from the exporter 
296.31  for this service.  
296.32     Sec. 14.  Minnesota Statutes 2002, section 21.86, is 
296.33  amended to read: 
296.34     21.86 [UNLAWFUL ACTS.] 
296.35     Subdivision 1.  [PROHIBITIONS.] A person may not advertise 
296.36  or sell any agricultural, vegetable, flower, or wildflower, tree 
297.1   and, or shrub seed if:  
297.2      (a) except as provided in clauses (1) to (3), a test to 
297.3   determine the percentage of germination required by sections 
297.4   21.82 and 21.83 has not been completed within a nine-month 
297.5   12-month period, exclusive of the calendar month in which the 
297.6   test was completed. or it is offered for sale beyond the sell by 
297.7   date exclusive of the calendar month in which the seed was to 
297.8   have been sold, except that:  
297.9      (1) when advertised or offered for sale as agricultural 
297.10  seed, native grass and forb (wildflowers) seeds must have been 
297.11  tested for percentage of germination as required by section 
297.12  21.82 within a 14-month 15-month period, exclusive of the 
297.13  calendar month in which the test was completed.; 
297.14     (2) it is unlawful to offer cool season lawn and turf 
297.15  grasses including Kentucky bluegrass, red fescue, chewings 
297.16  fescue, hard fescue, tall fescue, perennial ryegrass, 
297.17  intermediate ryegrass, annual ryegrass, colonial bent grass, 
297.18  creeping bent grass, and mixtures or blends of those grasses, 
297.19  for sale beyond the sell by date exclusive of the calendar month 
297.20  in which the seed was to have been sold; 
297.21     (3) this prohibition does not apply to tree, shrub, 
297.22  agricultural, flower, wildflower, or vegetable seeds packaged in 
297.23  hermetically sealed containers.  Seeds packaged in hermetically 
297.24  sealed containers under the conditions defined by rule may be 
297.25  offered for sale for a period of 36 months after the last day of 
297.26  the month that the seeds were tested for germination prior to 
297.27  packaging.; and 
297.28     (3) (4) if seeds in hermetically sealed containers are 
297.29  offered for sale more than 36 months after the last day of the 
297.30  month in which they were tested prior to packaging, they must be 
297.31  retested within a nine-month period, exclusive of the calendar 
297.32  month in which the retest was completed; 
297.33     (b) it is not labeled in accordance with sections 21.82 and 
297.34  21.83 or has false or misleading labeling; 
297.35     (c) false or misleading advertisement has been used in 
297.36  respect to its sale; 
298.1      (d) it contains prohibited noxious weed seeds; 
298.2      (e) it consists of or contains restricted noxious weed 
298.3   seeds in excess of 25 seeds per pound or in excess of the number 
298.4   declared on the label attached to the container of the seed or 
298.5   associated with the seed; 
298.6      (f) it contains more than one percent by weight of all weed 
298.7   seeds; 
298.8      (g) it contains less than the stated net weight of 
298.9   contents; 
298.10     (h) it contains less than the stated number of seeds in the 
298.11  container; 
298.12     (i) it contains any labeling, advertising, or other 
298.13  representation subject to sections 21.82 and 21.83 representing 
298.14  the seed to be certified unless:  
298.15     (1) it has been determined by a seed certifying agency that 
298.16  the seed conformed to standards of purity and identity as to 
298.17  kind, species, subspecies, or variety, and also that tree seed 
298.18  was found to be of the origin and elevation claimed, in 
298.19  compliance with the rules pertaining to the seed; and 
298.20     (2) the seed bears an official label issued for it by a 
298.21  seed certifying agency stating that the seed is of a certified 
298.22  class and a specified kind, species, subspecies, or variety; 
298.23     (j) it is labeled with a variety name but not certified by 
298.24  an official seed certifying agency when it is a variety for 
298.25  which a United States certificate of plant variety protection 
298.26  has been granted under United States Code, title 7, sections 
298.27  2481 to 2486, specifying sale by variety name only as a class of 
298.28  certified seed.  Seed from a certified lot may be labeled as to 
298.29  variety name when used in a blend or mixture by or with approval 
298.30  of the owner of the variety; or 
298.31     (k) the person whose name appears on the label does not 
298.32  have complete records including a file sample of each lot of 
298.33  agricultural, vegetable, flower, tree or shrub seed sold in this 
298.34  state as required in section 21.84. 
298.35     Subd. 2.  [MISCELLANEOUS VIOLATIONS.] No person may:  
298.36     (a) detach, alter, deface, or destroy any label required in 
299.1   sections 21.82 and 21.83 or, alter or substitute seed in a 
299.2   manner that may defeat the purposes of sections 21.82 and 21.83, 
299.3   or alter or falsify any seed tests, laboratory reports, records, 
299.4   or other documents to create a misleading impression as to kind, 
299.5   variety, history, quality, or origin of the seed; 
299.6      (b) hinder or obstruct in any way any authorized person in 
299.7   the performance of duties under sections 21.80 to 21.92; 
299.8      (c) fail to comply with a "stop sale" order or to move or 
299.9   otherwise handle or dispose of any lot of seed held under a stop 
299.10  sale order or attached tags, except with express permission of 
299.11  the enforcing officer for the purpose specified; 
299.12     (d) use the word "type" in any labeling in connection with 
299.13  the name of any agricultural seed variety; 
299.14     (e) use the word "trace" as a substitute for any statement 
299.15  which is required; or 
299.16     (f) plant any agricultural seed which the person knows 
299.17  contains weed seeds or noxious weed seeds in excess of the 
299.18  limits for that seed.  
299.19     Sec. 15.  Minnesota Statutes 2002, section 21.88, is 
299.20  amended to read: 
299.21     21.88 [PENALTIES NOT TO APPLY.] 
299.22     Subdivision 1.  [MISDEMEANOR; GROSS MISDEMEANOR.] A 
299.23  violation of sections 21.80 to 21.92 or a rule adopted under 
299.24  section 21.85 is a misdemeanor.  Each additional day of 
299.25  violation is a separate offense.  A subsequent violation by a 
299.26  person is a gross misdemeanor.  
299.27     Subd. 2.  [UNLAWFUL PRACTICE.] In addition to other 
299.28  penalties provided by law, a person who violates a provision of 
299.29  sections 21.80 to 21.92 or a rule adopted under section 21.85 
299.30  has committed an unlawful practice under sections 325F.68 and 
299.31  325F.69 and is subject to the remedies provided in sections 8.31 
299.32  and 325F.70.  
299.33     Subd. 3.  [PENALTIES NOT TO APPLY.] A person is not subject 
299.34  to the penalties in subdivision 1 or 2 for having sold seeds 
299.35  which were incorrectly labeled or represented as to kind, 
299.36  species, subspecies, if appropriate, variety, type, origin and 
300.1   year, elevation or place of collection if required, if the seeds 
300.2   cannot be identified by examination unless the person has failed 
300.3   to obtain an invoice or genuine grower's or tree seed 
300.4   collector's declaration or other labeling information and to 
300.5   take other reasonable precautions to ensure the identity is as 
300.6   stated.  
300.7      Sec. 16.  Minnesota Statutes 2002, section 21.89, 
300.8   subdivision 2, is amended to read: 
300.9      Subd. 2.  [PERMITS; ISSUANCE AND REVOCATION.] The 
300.10  commissioner shall issue a permit to the initial labeler of 
300.11  agricultural, vegetable, or flower, and wildflower seeds which 
300.12  are sold for use in Minnesota and which conform to and are 
300.13  labeled under sections 21.80 to 21.92.  The categories of 
300.14  permits are as follows: 
300.15     (1) for initial labelers who sell 50,000 pounds or less of 
300.16  agricultural seed each calendar year, an annual permit issued 
300.17  for a fee established in section 21.891, subdivision 2, 
300.18  paragraph (b); 
300.19     (2) for initial labelers who sell vegetable, flower, and 
300.20  wildflower seed packed for use in home gardens or household 
300.21  plantings, an annual permit issued for a fee established in 
300.22  section 21.891, subdivision 2, paragraph (c), based upon the 
300.23  gross sales from the previous year; and 
300.24     (3) for initial labelers who sell more than 50,000 pounds 
300.25  of agricultural seed each calendar year, a permanent permit 
300.26  issued for a fee established in section 21.891, subdivision 2, 
300.27  paragraph (d). 
300.28     In addition, the person shall furnish to the commissioner 
300.29  an itemized statement of all seeds sold in Minnesota for the 
300.30  periods established by the commissioner.  This statement shall 
300.31  be delivered, along with the payment of the fee, based upon the 
300.32  amount and type of seed sold, to the commissioner no later than 
300.33  30 days after the end of each reporting period.  Any person 
300.34  holding a permit shall show as part of the analysis labels or 
300.35  invoices on all agricultural, vegetable, flower, wildflower, 
300.36  tree, or shrub seeds all information the commissioner requires.  
301.1   The commissioner may revoke any permit in the event of failure 
301.2   to comply with applicable laws and rules. 
301.3      Sec. 17.  Minnesota Statutes 2002, section 21.89, 
301.4   subdivision 4, is amended to read: 
301.5      Subd. 4.  [EXEMPTIONS.] An initial labeler who sells for 
301.6   use in Minnesota agricultural, vegetable, or flower seeds must 
301.7   have a seed fee permit unless:  
301.8      (a) The person labels and sells less than 50,000 pounds of 
301.9   agricultural seed in Minnesota each calendar year.  If more than 
301.10  50,000 pounds are labeled and sold in Minnesota by any person, 
301.11  the person must have a seed fee permit and pay fees on all seed 
301.12  sold.  A person who labels and sells grass seeds and mixtures of 
301.13  grass seeds intended for lawn or turf purposes is not exempted 
301.14  from having a permit and paying seed fees on all seeds in this 
301.15  category sold in Minnesota; or 
301.16     (b) the agricultural, vegetable, or flower seeds are of the 
301.17  breeder or foundation seed classes of varieties developed by 
301.18  publicly financed research agencies intended for the purpose of 
301.19  increasing the quantity of seed available.  
301.20     Sec. 18.  [21.891] [MINNESOTA SEED LAW FEES.] 
301.21     Subdivision 1.  [SAMPLING EXPORT SEED.] In accordance with 
301.22  section 21.85, subdivision 13, the commissioner may, if 
301.23  requested, sample seed destined for export to other countries.  
301.24  The fee for sampling export seed is an hourly rate published 
301.25  annually by the commissioner and it must be an amount sufficient 
301.26  to recover the actual costs of the service provided. 
301.27     Subd. 2.  [SEED FEE PERMITS.] (a) An initial labeler who 
301.28  wishes to sell seed in Minnesota must comply with section 21.89, 
301.29  subdivisions 1 and 2, and the procedures in this subdivision.  
301.30  Each initial labeler who wishes to sell seed in Minnesota must 
301.31  apply to the commissioner to obtain a permit.  The application 
301.32  must contain the name and address of the applicant, the 
301.33  application date, and the name and title of the applicant's 
301.34  contact person. 
301.35     (b) The application for a seed permit covered by section 
301.36  21.89, subdivision 2, clause (1), must be accompanied by an 
302.1   application fee of $50. 
302.2      (c) The application for a seed permit covered by section 
302.3   21.89, subdivision 2, clause (2), must be accompanied by an 
302.4   application fee based on the level of annual gross sales as 
302.5   follows: 
302.6      (1) for gross sales of $0 to $25,000, the annual permit fee 
302.7   is $50; 
302.8      (2) for gross sales of $25,001 to $50,000, the annual 
302.9   permit fee is $100; 
302.10     (3) for gross sales of $50,001 to $100,000, the annual 
302.11  permit fee is $200; 
302.12     (4) for gross sales of $100,001 to $250,000, the annual 
302.13  permit fee is $500; 
302.14     (5) for gross sales of $250,001 to $500,000, the annual 
302.15  permit fee is $1,000; and 
302.16     (6) for gross sales of $500,001 and above, the annual 
302.17  permit fee is $2,000. 
302.18     (d) The application for a seed permit covered by section 
302.19  21.89, subdivision 2, clause (3), must be accompanied by an 
302.20  application fee of $50.  Initial labelers holding seed fee 
302.21  permits covered under this paragraph need not apply for a new 
302.22  permit or pay the application fee.  Under this permit category, 
302.23  the fees for the following kinds of agricultural seed sold 
302.24  either in bulk or containers are: 
302.25     (1) oats, wheat, and barley, 6.3 cents per hundredweight; 
302.26     (2) rye, field beans, soybeans, buckwheat, and flax, 8.4 
302.27  cents per hundredweight; 
302.28     (3) field corn, 29.4 cents per hundredweight; 
302.29     (4) forage, lawn and turf grasses, and legumes, 49 cents 
302.30  per hundredweight; 
302.31     (5) sunflower, $1.40 per hundredweight; 
302.32     (6) sugar beet, $3.29 per hundredweight; and 
302.33     (7) for any agricultural seed not listed in clauses (1) to 
302.34  (6), the fee for the crop most closely resembling it in normal 
302.35  planting rate applies.  
302.36     (e) If, for reasons beyond the control and knowledge of the 
303.1   initial labeler, seed is shipped into Minnesota by a person 
303.2   other than the initial labeler, the responsibility for the seed 
303.3   fees are transferred to the shipper.  An application for a 
303.4   transfer of this responsibility must be made to the 
303.5   commissioner.  Upon approval by the commissioner of the 
303.6   transfer, the shipper is responsible for payment of the seed 
303.7   permit fees. 
303.8      (f) Seed permit fees may be included in the cost of the 
303.9   seed either as a hidden cost or as a line item cost on each 
303.10  invoice for seed sold.  To identify the fee on an invoice, the 
303.11  words "Minnesota seed permit fees" must be used. 
303.12     (g) All seed fee permit holders must file semiannual 
303.13  reports with the commissioner, even if no seed was sold during 
303.14  the reporting period.  Each semiannual report must be submitted 
303.15  within 30 days of the end of each reporting period.  The 
303.16  reporting periods are October 1 to March 31 and April 1 to 
303.17  September 30 of each year or July 1 to December 31 and January 1 
303.18  to June 30 of each year.  Permit holders may change their 
303.19  reporting periods with the approval of the commissioner. 
303.20     (h) The holder of a seed fee permit must pay fees on all 
303.21  seed for which the permit holder is the initial labeler and 
303.22  which are covered by sections 21.80 to 21.92 and sold during the 
303.23  reporting period. 
303.24     (i) If a seed fee permit holder fails to submit a 
303.25  semiannual report and pay the seed fee within 30 days after the 
303.26  end of each reporting period, the commissioner shall assess a 
303.27  penalty of $100 or eight percent, calculated on an annual basis, 
303.28  of the fee due, whichever is greater, but no more than $500 for 
303.29  each late semiannual report.  A $15 penalty must be charged when 
303.30  the semiannual report is late, even if no fee is due for the 
303.31  reporting period.  Seed fee permits may be revoked for failure 
303.32  to comply with the applicable provisions of this paragraph or 
303.33  the Minnesota seed law. 
303.34     Subd. 3.  [HYBRID SEED CORN VARIETY REGISTRATION 
303.35  FEE.] Until August 1, 2006, and in accordance with section 
303.36  21.90, subdivision 2, the fee for the registration of each 
304.1   hybrid seed corn variety or blend is $50, which must be paid at 
304.2   the time of registration.  New hybrid seed corn variety 
304.3   registrations received after March 1 and renewed registrations 
304.4   of older varieties received after August 1 of each year have an 
304.5   annual registration fee of $75 per variety. 
304.6      Subd. 3a.  [DISCONTINUATION OF REGISTRATION AND 
304.7   TESTING.] The commissioner, in consultation with the Minnesota 
304.8   agricultural experiment station, shall develop a standardized 
304.9   testing method for labelers to determine relative maturity for 
304.10  the hybrid seed corn sold in this state.  Standards may be 
304.11  developed without regard to chapter 14 and without complying 
304.12  with section 14.386.  After development of the standardized 
304.13  method, the registration and testing of hybrids sold in this 
304.14  state will no longer be required. 
304.15     Subd. 4.  [BRAND NAME REGISTRATION FEE.] The fee is $25 for 
304.16  each variety registered for sale by brand name. 
304.17     Sec. 19.  Minnesota Statutes 2002, section 21.90, 
304.18  subdivision 2, is amended to read: 
304.19     Subd. 2.  [FEES.] A record of each new hybrid seed field 
304.20  corn variety to be sold in Minnesota shall be registered with 
304.21  the commissioner by February March 1 of each year by the 
304.22  originator or owner.  Records of all other hybrid seed field 
304.23  corn varieties sold in Minnesota shall be registered with the 
304.24  commissioner by August 1 of each year by the originator or 
304.25  owner.  The commissioner shall establish the annual fee for 
304.26  registration for each variety.  The record shall include the 
304.27  permanent designation of the hybrid as well as the day 
304.28  classification and zone of adaptation, as determined under 
304.29  subdivision 1, which the originator or owner declares to be the 
304.30  zone in which the variety is adapted.  In addition, at the time 
304.31  of the first registration of a hybrid seed field corn variety, 
304.32  the originator or owner shall include a sworn statement that the 
304.33  declaration of the zone of adaptation was based on actual field 
304.34  trials in that zone and that the field trials substantiate the 
304.35  declaration as to the day and zone classifications to which the 
304.36  variety is adapted.  The name or number used to designate a 
305.1   hybrid seed field corn variety in the registration is the only 
305.2   name of all seed corn covered by or sold under that registration.
305.3      Sec. 20.  Minnesota Statutes 2002, section 21.90, 
305.4   subdivision 3, is amended to read: 
305.5      Subd. 3.  [TESTS OF VARIETIES TRANSFER OF MONEY.] If the 
305.6   commissioner needs to verify that a hybrid seed field corn 
305.7   variety is adapted to the corn growing zone declared by the 
305.8   originator or owner, it must, when grown in several official 
305.9   comparative trials by the director of the Minnesota agricultural 
305.10  experiment station in the declared zone of adaptation, have an 
305.11  average kernel moisture at normal harvest time which does not 
305.12  differ from the average kernel moisture content of three or more 
305.13  selected standard varieties adapted for grain production in that 
305.14  particular growing zone by more than four percentage points.  If 
305.15  a new variety when tested has more than six percentage points of 
305.16  moisture over the standard variety, it must have the relative 
305.17  maturity increased by five days in the correct zone of 
305.18  adaptation before it can be sold the second year.  If it does 
305.19  not exceed the standard varieties by more than five percentage 
305.20  points of moisture the second year tested, it can be sold the 
305.21  third year with the same relative maturity.  If upon being 
305.22  tested the third year the moisture percentage points are found 
305.23  to be over the four percentage points allowed, the variety then 
305.24  must have the relative maturity increased by five days in the 
305.25  correct zone.  The varieties to be used as standard varieties 
305.26  for determining adaptability to a zone shall be selected for 
305.27  each zone by the director of the Minnesota agricultural 
305.28  experiment station with the advice and consent of the 
305.29  commissioner of agriculture.  Should a person, firm, originator, 
305.30  or owner of a hybrid seed field corn variety wish to offer 
305.31  hybrid seed for sale or distribution in this state, the person, 
305.32  firm, originator, or owner not having distributed any products 
305.33  in Minnesota during the past ten years, or not having any record 
305.34  of testing by an agency acceptable to the commissioner, then 
305.35  after registration of the variety the commissioner is required 
305.36  to have the variety tested for one year by the director of the 
306.1   Minnesota agricultural experiment station before it may be 
306.2   distributed in Minnesota.  Should any person, firm, originator, 
306.3   or owner of a seed field corn variety be guilty of two 
306.4   successive violations with respect to the declaration of 
306.5   relative maturity date and zone number, then the violator must 
306.6   commence a program of pretesting for varieties as determined by 
306.7   the commissioner.  The list of varieties to be used as standards 
306.8   in each growing zone shall be sent by the commissioner not later 
306.9   than February 1 of each year to each seed firm registering 
306.10  hybrid varieties with the commissioner as of the previous April 
306.11  1.  To assist in defraying the expenses of the Minnesota 
306.12  agricultural experiment station in carrying out the provisions 
306.13  of this section, there shall be transferred annually from the 
306.14  seed inspection account to the agricultural experiment station a 
306.15  sum which shall at least equal 80 60 percent of the total 
306.16  revenue from all hybrid seed field corn variety registrations.  
306.17     Sec. 21.  Minnesota Statutes 2002, section 21.901, is 
306.18  amended to read: 
306.19     21.901 [BRAND NAME REGISTRATION.] 
306.20     The owner or originator of a variety of nonhybrid seed that 
306.21  is to be sold in this state must annually register the variety 
306.22  with the commissioner if the variety is to be sold only under a 
306.23  brand name.  The registration must include the brand name and 
306.24  the variety of seed.  The brand name for a blend or mixture need 
306.25  not be registered. 
306.26     The fee is $15 for each variety registered for sale by 
306.27  brand name. 
306.28     Sec. 22.  [REPEALER.] 
306.29     (a) Minnesota Statutes 2002, section 21.85, subdivisions 1, 
306.30  3, 4, 5, 6, 7, 8, and 9, are repealed.  
306.31     (b) Minnesota Statutes, sections 21.891, subdivisions 3 and 
306.32  3a, as added by this article; and 21.90, are repealed August 1, 
306.33  2006. 
306.34                             ARTICLE 9
306.35             CENTRAL IRON RANGE SANITARY SEWER DISTRICT
306.36     Section 1.  Laws 2002, chapter 382, article 2, section 1, 
307.1   subdivision 2, is amended to read: 
307.2      Subd. 2.  [DISTRICT.] "Central iron range sanitary sewer 
307.3   district" and "district" mean the area over which the central 
307.4   iron range sanitary sewer board has jurisdiction, which includes 
307.5   the area within the cities of Hibbing, Chisholm, and Buhl, and 
307.6   Kinney; the townships of Kinney, Balkan, and Great Scott; and 
307.7   the territory occupied by Ironworld.  The district shall 
307.8   precisely describe the area over which it has jurisdiction by a 
307.9   metes and bounds description in the comprehensive plan adopted 
307.10  pursuant to section 5. 
307.11     Sec. 2.  Laws 2002, chapter 382, article 2, section 1, 
307.12  subdivision 5, is amended to read: 
307.13     Subd. 5.  [LOCAL GOVERNMENTAL UNITS.] "Local governmental 
307.14  units" or "governmental units" means the iron range resources 
307.15  and rehabilitation board, the cities of Hibbing, Chisholm, and 
307.16  Buhl, and Kinney, and the townships of Kinney, Balkan, and Great 
307.17  Scott. 
307.18     Sec. 3.  Laws 2002, chapter 382, article 2, section 2, 
307.19  subdivision 1, is amended to read: 
307.20     Subdivision 1.  [ESTABLISHMENT.] A sanitary sewer district 
307.21  is established in the cities of Hibbing, Chisholm, and Buhl, and 
307.22  Kinney; the townships of Kinney, Balkan, and Great Scott; and 
307.23  the territory occupied by Ironworld, to be known as the central 
307.24  iron range sanitary sewer district.  The sewer district is under 
307.25  the control and management of the central iron range sanitary 
307.26  sewer board.  The board is established as a public corporation 
307.27  and political subdivision of the state with perpetual succession 
307.28  and all the rights, powers, privileges, immunities, and duties 
307.29  granted to or imposed upon a municipal corporation, as provided 
307.30  in sections 1 to 19.  
307.31     Sec. 4.  Laws 2002, chapter 382, article 2, section 2, 
307.32  subdivision 2, is amended to read: 
307.33     Subd. 2.  [MEMBERS AND SELECTION.] The board is composed of 
307.34  13 members selected as provided in this subdivision.  Each of 
307.35  the town boards of the townships shall meet to appoint one 
307.36  resident to the sewer board.  Four members must be selected by 
308.1   the governing body of the city of Hibbing.  Three members must 
308.2   be selected by the governing body of the city of Chisholm.  Two 
308.3   members must be selected by the governing body of the city of 
308.4   Buhl.  One member must be selected by the governing body of the 
308.5   city of Kinney.  One member must be selected by the iron range 
308.6   resources and rehabilitation board on behalf of Ironworld.  Each 
308.7   member has one vote.  The first terms are as follows:  four for 
308.8   one year, four for two years, and five for three years, fixed by 
308.9   lot at the district's first meeting.  Thereafter, all terms are 
308.10  for three years. 
308.11     Sec. 5.  Laws 2002, chapter 382, article 2, section 3, 
308.12  subdivision 4, is amended to read: 
308.13     Subd. 4.  [PUBLIC EMPLOYEES.] The executive director, if 
308.14  any, and other persons, if any, employed by the district are 
308.15  public employees and have all the rights and duties conferred on 
308.16  public employees under Minnesota Statutes, sections 179A.01 to 
308.17  179A.25.  The board may elect to have employees become members 
308.18  of either the public employees retirement association or the 
308.19  Minnesota state retirement system.  The compensation and 
308.20  conditions of employment of the employees must be governed by 
308.21  rules applicable to state employees in the classified service 
308.22  and to the provisions of Minnesota Statutes, chapter 15A. 
308.23     Sec. 6.  Laws 2002, chapter 382, article 2, section 4, 
308.24  subdivision 6, is amended to read: 
308.25     Subd. 6.  [STUDIES AND INVESTIGATIONS.] The board may 
308.26  conduct research studies and programs, collect and analyze data, 
308.27  prepare reports, maps, charts, and tables, and conduct all 
308.28  necessary hearings and investigations in connection with the 
308.29  need for, benefits of, design, construction, and operation of 
308.30  the district disposal system. 
308.31     Sec. 7.  Laws 2002, chapter 382, article 2, section 4, 
308.32  subdivision 8, is amended to read: 
308.33     Subd. 8.  [PROPERTY RIGHTS, POWERS.] By vote of at least 75 
308.34  percent of the members of the board, the board may acquire by 
308.35  purchase, lease, condemnation, gift, or grant, any real or 
308.36  personal property including positive and negative easements and 
309.1   water and air rights, and it may construct, enlarge, improve, 
309.2   replace, repair, maintain, and operate any interceptor, 
309.3   treatment works, or water facility determined to be necessary or 
309.4   convenient for the collection and disposal of sewage in the 
309.5   district.  Any local governmental unit and the commissioners of 
309.6   transportation and natural resources are authorized to convey to 
309.7   or permit the use of any of the above-mentioned facilities owned 
309.8   or controlled by it, by the board, subject to the rights of the 
309.9   holders of any bonds issued with respect to those facilities, 
309.10  with or without compensation, without an election or approval by 
309.11  any other governmental unit or agency.  All powers conferred by 
309.12  this subdivision may be exercised both within or without the 
309.13  district as may be necessary for the exercise by the board of 
309.14  its powers or the accomplishment of its purposes.  By vote of at 
309.15  least 75 percent of the members of the board, the board may 
309.16  hold, lease, convey, or otherwise dispose of the above-mentioned 
309.17  property for its purposes upon the terms and in the manner it 
309.18  deems advisable.  Unless otherwise provided, the right to 
309.19  acquire lands and property rights by condemnation may be 
309.20  exercised only in accordance with Minnesota Statutes, sections 
309.21  117.011 to 117.232, and applies to any property or interest in 
309.22  the property owned by any local governmental unit.  Property 
309.23  devoted to an actual public use at the time, or held to be 
309.24  devoted to such a use within a reasonable time, must not be so 
309.25  acquired unless a court of competent jurisdiction determines 
309.26  that the use proposed by the board is paramount to the existing 
309.27  use.  Except in the case of property in actual public use, the 
309.28  board may take possession of any property on which condemnation 
309.29  proceedings have been commenced at any time after the issuance 
309.30  of a court order appointing commissioners for its condemnation. 
309.31     Sec. 8.  Laws 2002, chapter 382, article 2, section 4, 
309.32  subdivision 10, is amended to read: 
309.33     Subd. 10.  [DISPOSAL OF PROPERTY.] By vote of at least 75 
309.34  percent of the members of the board, the board may sell, lease, 
309.35  or otherwise dispose of any real or personal property acquired 
309.36  by it which is no longer required for accomplishment of its 
310.1   purposes.  The property may be sold in the manner provided by 
310.2   Minnesota Statutes, section 469.065, insofar as practical.  The 
310.3   board may give notice of sale as it deems appropriate.  When the 
310.4   board determines that any property or any part of the district 
310.5   disposal system acquired from a local governmental unit without 
310.6   compensation is no longer required but is required as a local 
310.7   facility by the governmental unit from which it was acquired, 
310.8   the board may by resolution transfer it to that governmental 
310.9   unit. 
310.10     Sec. 9.  Laws 2002, chapter 382, article 2, section 5, 
310.11  subdivision 1, is amended to read: 
310.12     Subdivision 1.  [BOARD PLAN AND PROGRAM.] The board shall 
310.13  adopt a comprehensive plan for the collection, treatment, and 
310.14  disposal of sewage in the district for a designated period the 
310.15  board deems proper and reasonable.  The board shall prepare and 
310.16  adopt subsequent comprehensive plans for the collection, 
310.17  treatment, and disposal of sewage in the district for each 
310.18  succeeding designated period as the board deems proper and 
310.19  reasonable.  All comprehensive plans of the district shall be 
310.20  subject to the planning and zoning authority of St. Louis county 
310.21  and in conformance with all planning and zoning ordinances of 
310.22  St. Louis county.  The first plan, as modified by the board, and 
310.23  any subsequent plan shall take into account the preservation and 
310.24  best and most economic use of water and other natural resources 
310.25  in the area; the preservation, use, and potential for use of 
310.26  lands adjoining waters of the state to be used for the disposal 
310.27  of sewage; and the impact the disposal system will have on 
310.28  present and future land use in the area affected.  In no case 
310.29  shall the comprehensive plan provide for more than 325 
310.30  connections to the disposal system.  All connections must be 
310.31  charged a full assessment.  Connections made after the initial 
310.32  assessment period ends must be charged an amount equal to the 
310.33  initial assessment plus an adjustment for inflation and plus any 
310.34  other charges determined to be reasonable and necessary by the 
310.35  board.  Deferred assessments may be permitted, as provided for 
310.36  in Minnesota Statutes, chapter 429.  The plans shall include the 
311.1   general location of needed interceptors and treatment works, a 
311.2   description of the area that is to be served by the various 
311.3   interceptors and treatment works, a long-range capital 
311.4   improvements program, and any other details as the board deems 
311.5   appropriate.  In developing the plans, the board shall consult 
311.6   with persons designated for the purpose by governing bodies of 
311.7   any governmental unit within the district to represent the 
311.8   entities and shall consider the data, resources, and input 
311.9   offered to the board by the entities and any planning agency 
311.10  acting on behalf of one or more of the entities.  Each plan, 
311.11  when adopted, must be followed in the district and may be 
311.12  revised as often as the board deems necessary. 
311.13     Sec. 10.  Laws 2002, chapter 382, article 2, section 5, is 
311.14  amended by adding a subdivision to read: 
311.15     Subd. 3.  [REMOVAL OF AREA.] After adopting the first plan, 
311.16  any of the local governmental units can elect not to be included 
311.17  within the central iron range sanitary sewer district by 
311.18  delivering a written resolution of the governing body of the 
311.19  governmental unit to the central iron range sanitary sewer 
311.20  district within 60 days of adoption of the first comprehensive 
311.21  plan.  The area of the local governmental unit shall then be 
311.22  removed from the district. 
311.23     Sec. 11.  Laws 2002, chapter 382, article 2, section 6, is 
311.24  amended to read: 
311.25     Sec. 6.  [POWERS TO ISSUE OBLIGATIONS AND IMPOSE SPECIAL 
311.26  ASSESSMENTS.] 
311.27     The central iron range sanitary sewer board, in order to 
311.28  implement the powers granted under sections 1 to 19 to 
311.29  establish, maintain, and administer the central iron range 
311.30  sanitary sewer district upon a vote of at least 75 percent of 
311.31  the members of the board, may issue obligations and impose 
311.32  special assessments against benefited property within the limits 
311.33  of the district benefited by facilities constructed under 
311.34  sections 1 to 19 in the manner provided for local governments by 
311.35  Minnesota Statutes, chapter 429. 
311.36     Sec. 12.  Laws 2002, chapter 382, article 2, section 8, 
312.1   subdivision 3, is amended to read: 
312.2      Subd. 3.  [UTILIZATION OF DISTRICT SYSTEM.] By vote of at 
312.3   least 75 percent of the members of the board, the board may 
312.4   require any person or local governmental unit to provide for the 
312.5   discharge of any sewage, directly or indirectly, into the 
312.6   district disposal system, or to connect any disposal system or a 
312.7   part of it with the district disposal system wherever reasonable 
312.8   opportunity for connection is provided; may regulate the manner 
312.9   in which the connections are made; may require any person or 
312.10  local governmental unit discharging sewage into the disposal 
312.11  system to provide preliminary treatment for it; may prohibit the 
312.12  discharge into the district disposal system of any substance 
312.13  that it determines will or may be harmful to the system or any 
312.14  persons operating it; and may require any local governmental 
312.15  unit to discontinue the acquisition, betterment, or operation of 
312.16  any facility for the unit's disposal system wherever and so far 
312.17  as adequate service is or will be provided by the district 
312.18  disposal system. 
312.19     Sec. 13.  Laws 2002, chapter 382, article 2, section 9, is 
312.20  amended to read: 
312.21     Sec. 9.  [BUDGET.] 
312.22     (a) The board shall prepare and adopt, on or before October 
312.23  1, 2002 2003, and each year thereafter, a budget showing for the 
312.24  following calendar year or other fiscal year determined by the 
312.25  board, sometimes referred to in sections 1 to 19 as the budget 
312.26  year, estimated receipts of money from all sources, including 
312.27  but not limited to payments by each local governmental unit, 
312.28  federal or state grants, taxes on property, and funds on hand at 
312.29  the beginning of the year, and estimated expenditures for: 
312.30     (1) costs of operation, administration, and maintenance of 
312.31  the district disposal system; 
312.32     (2) cost of acquisition and betterment of the district 
312.33  disposal system; and 
312.34     (3) debt service, including principal and interest, on 
312.35  general obligation bonds and certificates issued pursuant to 
312.36  section 13, and any money judgments entered by a court of 
313.1   competent jurisdiction.  
313.2      (b) Expenditures within these general categories, and any 
313.3   other categories as the board may from time to time determine, 
313.4   must be itemized in detail as the board prescribes.  The board 
313.5   and its officers, agents, and employees must not spend money for 
313.6   any purpose other than debt service without having set forth the 
313.7   expense in the budget nor in excess of the amount set forth in 
313.8   the budget for it.  No obligation to make an expenditure of the 
313.9   above-mentioned type is enforceable except as the obligation of 
313.10  the person or persons incurring it.  The board may amend the 
313.11  budget at any time by transferring from one purpose to another 
313.12  any sums except money for debt service and bond proceeds or by 
313.13  increasing expenditures in any amount by which actual cash 
313.14  receipts during the budget year exceed the total amounts 
313.15  designated in the original budget.  The creation of any 
313.16  obligation under section 13, or the receipt of any federal or 
313.17  state grant is a sufficient budget designation of the proceeds 
313.18  for the purpose for which it is authorized, and of the tax or 
313.19  other revenue pledged to pay the obligation and interest on it, 
313.20  whether or not specifically included in any annual budget. 
313.21     Sec. 14.  Laws 2002, chapter 382, article 2, section 10, 
313.22  subdivision 2, is amended to read: 
313.23     Subd. 2.  [METHOD OF ALLOCATION OF CURRENT COSTS.] Current 
313.24  costs must be allocated in the district on an equitable basis as 
313.25  the board may determine by resolution to be in the best 
313.26  interests of the district.  The adoption or revision of any 
313.27  method of allocation used by the board must be by the 
313.28  affirmative vote of at least two-thirds 75 percent of the 
313.29  members of the board. 
313.30     Sec. 15.  Laws 2002, chapter 382, article 2, section 11, is 
313.31  amended to read: 
313.32     Sec. 11.  [TAX LEVIES.] 
313.33     To accomplish any duty imposed on it the board may, upon a 
313.34  vote of at least 75 percent of the members of the board, in 
313.35  addition to the powers granted in sections 1 to 19 and in any 
313.36  other law or charter, exercise the powers granted any 
314.1   municipality by Minnesota Statutes, chapters 117, 412, 429, 475, 
314.2   sections 115.46, 444.075, and 471.59, with respect to the area 
314.3   in the district.  By vote of at least 75 percent of the members 
314.4   of the board, the board may levy taxes upon all taxable property 
314.5   in the district for all or a part of the amount payable to the 
314.6   board, pursuant to section 10, to be assessed and extended as a 
314.7   tax upon that taxable property by the county auditor for the 
314.8   next calendar year, free from any limit of rate or amount 
314.9   imposed by law or charter.  The tax must be collected and 
314.10  remitted in the same manner as other general taxes. 
314.11     Sec. 16.  Laws 2002, chapter 382, article 2, section 12, 
314.12  subdivision 5, is amended to read: 
314.13     Subd. 5.  [POWER OF THE BOARD TO SPECIALLY ASSESS.] The 
314.14  board may, upon a vote of at least 75 percent of the members of 
314.15  the board, specially assess all or any part of the costs of 
314.16  acquisition and betterment as provided in this subdivision, of 
314.17  any project ordered under this section.  The special assessments 
314.18  must be levied in accordance with Minnesota Statutes, sections 
314.19  429.051 to 429.081, except as otherwise provided in this 
314.20  subdivision.  No other provisions of Minnesota Statutes, chapter 
314.21  429, apply.  For purposes of levying the special assessments, 
314.22  the hearing on the project required in subdivision 1 serves as 
314.23  the hearing on the making of the original improvement provided 
314.24  for by Minnesota Statutes, section 429.051.  The area assessed 
314.25  may be less than but may not exceed the area proposed to be 
314.26  assessed as stated in the notice of hearing on the project 
314.27  provided for in subdivision 2. 
314.28     Sec. 17.  Laws 2002, chapter 382, article 2, section 13, 
314.29  subdivision 3, is amended to read: 
314.30     Subd. 3.  [GENERAL OBLIGATION BONDS.] The board may, upon a 
314.31  vote of at least 75 percent of the members of the board, by 
314.32  resolution authorize the issuance of general obligation bonds 
314.33  for the acquisition or betterment of any part of the district 
314.34  disposal system, including but without limitation the payment of 
314.35  interest during construction and for a reasonable period 
314.36  thereafter, or for the refunding of outstanding bonds, 
315.1   certificates of indebtedness, or judgments.  The board shall 
315.2   pledge its full faith and credit and taxing power for the 
315.3   payment of the bonds and shall provide for the issuance and sale 
315.4   and for the security of the bonds in the manner provided in 
315.5   Minnesota Statutes, chapter 475.  The board has the same powers 
315.6   and duties as a municipality issuing bonds under that law, 
315.7   except that no election is required and the debt limitations of 
315.8   Minnesota Statutes, chapter 475, do not apply to the bonds.  The 
315.9   board may also pledge for the payment of the bonds and deduct 
315.10  from the amount of any tax levy required under Minnesota 
315.11  Statutes, section 475.61, subdivision 1, and any revenues 
315.12  receivable under any state and federal grants anticipated by the 
315.13  board and may covenant to refund the bonds if and when and to 
315.14  the extent that for any reason the revenues, together with other 
315.15  funds available and appropriated for that purpose, are not 
315.16  sufficient to pay all principal and interest due or about to 
315.17  become due, provided that the revenues have not been anticipated 
315.18  by the issuance of certificates under subdivision 1. 
315.19     Sec. 18.  Laws 2002, chapter 382, article 2, section 16, is 
315.20  amended to read: 
315.21     Sec. 16.  [SERVICE CONTRACTS WITH GOVERNMENTAL ENTITIES 
315.22  OUTSIDE THE JURISDICTION OF THE BOARD.] 
315.23     (a) The board may, upon a vote of at least 75 percent of 
315.24  the members of the board, contract with the United States or any 
315.25  agency of the federal government, any state or its agency, or 
315.26  any municipal or public corporation, governmental subdivision or 
315.27  agency or political subdivision in any state, outside the 
315.28  jurisdiction of the board, for furnishing services to those 
315.29  entities, including but not limited to planning for and the 
315.30  acquisition, betterment, operation, administration, and 
315.31  maintenance of any or all interceptors, treatment works, and 
315.32  local water and sanitary sewer facilities.  The board may 
315.33  include as one of the terms of the contract that the entity must 
315.34  pay to the board an amount agreed upon as a reasonable estimate 
315.35  of the proportionate share properly allocable to the entity of 
315.36  costs of acquisition, betterment, and debt service previously 
316.1   allocated in the district.  When payments are made by entities 
316.2   to the board, they must be applied in reduction of the total 
316.3   amount of costs thereafter allocated in the district, on an 
316.4   equitable basis as the board deems to be in the best interests 
316.5   of the district, applying so far as practicable and appropriate 
316.6   the criteria set forth in section 10, subdivision 2.  A 
316.7   municipality in the state of Minnesota may enter into a contract 
316.8   and perform all acts and things required as a condition or 
316.9   consideration therefor consistent with the purposes of sections 
316.10  1 to 19, whether or not included among the powers otherwise 
316.11  granted to the municipality by law or charter. 
316.12     (b) The board shall contract with a qualified entity to 
316.13  make necessary inspections of the district facilities, and to 
316.14  otherwise process or assist in processing any of the work of the 
316.15  district. 
316.16     Sec. 19.  [LOCAL APPROVAL.] 
316.17     This article takes effect the day after each of the 
316.18  governing bodies of each of the local governmental units has 
316.19  complied with Minnesota Statutes, section 645.021, subdivision 3.
316.20                             ARTICLE 10
316.21                           APPROPRIATIONS 
316.22                        ECONOMIC DEVELOPMENT 
316.23  Section 1.  [ECONOMIC DEVELOPMENT; APPROPRIATIONS.] 
316.24     The sums shown in the columns marked "APPROPRIATIONS" are 
316.25  appropriated from the general fund, or another named fund, to 
316.26  the agencies and for the purposes specified in this act, to be 
316.27  available for the fiscal years indicated for each purpose.  The 
316.28  figures "2004" and "2005," where used in this act, mean that the 
316.29  appropriation or appropriations listed under them are available 
316.30  for the year ending June 30, 2004, or June 30, 2005, 
316.31  respectively.  The term "first year" means the fiscal year 
316.32  ending June 30, 2004, and the term "second year" means the 
316.33  fiscal year ending June 30, 2005.  The term "DR-1419" as used in 
316.34  this act refers to the area included in Presidential Declaration 
316.35  of Major Disaster DR-1419, whether included in the original 
316.36  declaration or added later by federal government action. 
317.1                           SUMMARY BY FUND
317.2                             2004          2005           TOTAL
317.3   General            $  134,620,000 $  128,527,000 $  263,147,000
317.4   Petroleum Tank 
317.5   Cleanup                   750,000          -0-          750,000
317.6   Environmental 
317.7   Fund                      700,000        700,000      1,400,000
317.8   Workers'  
317.9   Compensation           21,415,000     20,890,000     42,305,000
317.10  Workforce Development 
317.11  Fund                    9,200,000      9,120,000     18,320,000
317.12  Special Revenue           240,000        240,000        480,000
317.13  TOTAL              $  166,925,000 $  159,477,000 $  326,402,000
317.14                                             APPROPRIATIONS 
317.15                                         Available for the Year 
317.16                                             Ending June 30 
317.17                                            2004         2005 
317.18  Sec. 2.  TRADE AND ECONOMIC  
317.19  DEVELOPMENT 
317.20  Subdivision 1.  Total 
317.21  Appropriation                     $   67,659,000 $   64,429,000
317.22                Summary by Fund
317.23  General              57,219,000    54,819,000
317.24  Petroleum Tank
317.25  Cleanup                 750,000       -0-    
317.26  Environmental Fund      700,000       700,000
317.27  Workforce Development
317.28  Fund                  8,750,000     8,670,000
317.29  Special Revenue         240,000       240,000
317.30  The amounts that may be spent from this 
317.31  appropriation for each program are 
317.32  specified in the following subdivisions.
317.33  Subd. 2.  Business and Community 
317.34  Development                           10,489,000      7,734,000
317.35                Summary by Fund
317.36  General               9,039,000     7,034,000
317.37  Petroleum Tank
317.38  Cleanup                 750,000       -0-    
317.39  Environmental Fund      700,000       700,000
317.40  Of this amount, $35,000 the first year 
317.41  from funds available for small business 
317.42  assistance is for a onetime grant to 
317.43  Blue Earth county for the Rural 
317.44  Advanced Business Facilitation 
317.45  program.  The grant shall be provided 
317.46  on the condition that the funds be 
317.47  matched on a one-to-one basis from 
318.1   nonstate sources.  This appropriation 
318.2   is available until spent. 
318.3   $1,203,000 the first year and 
318.4   $1,203,000 the second year are for 
318.5   Minnesota investment fund grants. 
318.6   $150,000 the first year and $150,000 
318.7   the second year are for grants to the 
318.8   rural policy and development center at 
318.9   Minnesota State University, Mankato.  
318.10  The grant shall be used for research 
318.11  and policy analysis on emerging 
318.12  economic and social issues in rural 
318.13  Minnesota, to serve as a policy 
318.14  resource center for rural Minnesota 
318.15  communities, to encourage collaboration 
318.16  across higher education institutions to 
318.17  provide interdisciplinary team 
318.18  approaches to research and problem 
318.19  solving in rural communities, and to 
318.20  administer overall operations of the 
318.21  center. 
318.22  The grant shall be provided upon the 
318.23  condition that each state-appropriated 
318.24  dollar be matched with a nonstate 
318.25  dollar.  Acceptable matching funds are 
318.26  nonstate contributions that the center 
318.27  has received and have not been used to 
318.28  match previous state grants.  The funds 
318.29  not spent the first year are available 
318.30  the second. 
318.31  $1,000,000 the first year and 
318.32  $1,000,000 the second year are onetime 
318.33  appropriations to encourage and 
318.34  facilitate a joint partnership with the 
318.35  University of Minnesota and the Mayo 
318.36  Foundation for research in 
318.37  biotechnology and medical genomics.  
318.38  This appropriation must be matched 
318.39  dollar for dollar by nonstate funds.  
318.40  Funds shall be made available on a 
318.41  reimbursement basis after certification 
318.42  to the commissioner of finance of the 
318.43  nonstate match.  
318.44  In the first year, the appropriation 
318.45  funds operating costs of the 
318.46  collaboration, including salaries, but 
318.47  does not include capital expenditures.  
318.48  The University of Minnesota and the 
318.49  Mayo Foundation shall submit a business 
318.50  plan to the governor, the chair of the 
318.51  house jobs and economic development 
318.52  committee, and the chair of the senate 
318.53  jobs, housing, and community 
318.54  development committee no later than 
318.55  October 1, 2003.  The plan should 
318.56  identify specific disciplines for 
318.57  development and collaboration, data 
318.58  access and confidentiality policies; 
318.59  timelines, and include a discussion of 
318.60  the expected economic benefits of the 
318.61  partnership to the state of Minnesota.  
318.62  After adoption of the business plan by 
318.63  the governing bodies of the University 
318.64  of Minnesota and the Mayo Foundation, 
318.65  the appropriation in the second year 
319.1   shall be made available on a 
319.2   reimbursement basis to begin 
319.3   implementation of the business plan.  A 
319.4   preliminary report on the budgeted 
319.5   expenditure of these funds should be 
319.6   submitted no later than October 1, 
319.7   2004.  A final report on the 
319.8   expenditure of these funds should be 
319.9   submitted no later than July 31, 2005. 
319.10  $2,000,000 the first year is to the 
319.11  Minnesota investment fund to make 
319.12  grants to local units of government for 
319.13  locally administered grants or loan 
319.14  programs, including buyouts, for 
319.15  businesses directly and adversely 
319.16  affected by flooding in the area 
319.17  included in DR-1419.  Criteria and 
319.18  requirements must be locally 
319.19  established with the approval of the 
319.20  commissioner.  For the purposes of this 
319.21  appropriation, Minnesota Statutes, 
319.22  sections 116J.8731, subdivisions 3, 4, 
319.23  5, and 7; 116J.993; 116J.994; and 
319.24  116J.995, are waived.  Businesses that 
319.25  receive grants or loans from this 
319.26  appropriation must set goals for jobs 
319.27  retained and wages paid within the area 
319.28  included in DR-1419. 
319.29  This is a onetime appropriation and is 
319.30  available until expended. 
319.31  Notwithstanding Minnesota Statutes, 
319.32  section 115C.08, subdivision 4, 
319.33  $750,000 the first year is for grants 
319.34  to local units of government in the 
319.35  area included in DR-1419 to safely 
319.36  rehabilitate buildings if a portion of 
319.37  the rehabilitation costs is 
319.38  attributable to petroleum contamination 
319.39  or to buy out property substantially 
319.40  damaged by a petroleum tank release.  
319.41  This appropriation is not subject to 
319.42  the limitations of Minnesota Statutes, 
319.43  section 115C.09, subdivision 3i. 
319.44  This is a onetime appropriation from 
319.45  the petroleum tank release cleanup fund 
319.46  and is available until expended. 
319.47  Subd. 3.  Minnesota Trade   
319.48  Office                                 2,187,000      2,187,000 
319.49  Of this amount, $127,000 the first year 
319.50  is for a onetime transfer to the 
319.51  department of agriculture for the 
319.52  purposes of agricultural trade 
319.53  promotion. 
319.54  Subd. 4.  Workforce Development        7,385,000      7,385,000 
319.55                Summary by Fund
319.56  General               7,285,000     7,285,000
319.57  Workforce Development
319.58  Fund                    100,000       100,000
319.59  (a) $6,785,000 the first year and 
319.60  $6,785,000 the second year are for the 
320.1   job skills partnership and pathways 
320.2   programs.  If the appropriation for 
320.3   either year is insufficient, the 
320.4   appropriation for the other year is 
320.5   available.  This appropriation does not 
320.6   cancel. 
320.7   (b) $100,000 the first year and 
320.8   $100,000 the second year are from the 
320.9   workforce development fund for onetime 
320.10  grants to Lifetrack Resources for its 
320.11  immigrant/refugee collaborative 
320.12  programs, including those related to 
320.13  job-seeking skills and workplace 
320.14  orientation, intensive job development, 
320.15  functional work English, and on-site 
320.16  job coaching. 
320.17  (c) $250,000 the first year and 
320.18  $250,000 the second year are from the 
320.19  general fund for grants under Minnesota 
320.20  Statutes, section 116J.8747 to Twin 
320.21  Cities Rise to provide training to 
320.22  hard-to-train individuals.  The 
320.23  commissioner must present information 
320.24  reported by grant recipients to the 
320.25  legislative committees with 
320.26  jurisdiction over economic development 
320.27  by February 15 of 2004 and 2005. 
320.28  (d) $100,000 the first year and 
320.29  $100,000 the second year are for a 
320.30  grant to the Metropolitan Economic 
320.31  Development Association for continuing 
320.32  minority business development programs 
320.33  in the metropolitan area. 
320.34  (e) $150,000 the first year and 
320.35  $150,000 the second year are for grants 
320.36  to WomenVenture for women's business 
320.37  development programs. 
320.38  Subd. 5.  Office of Tourism 
320.39      8,066,000       8,059,000 
320.40  To develop maximum private sector 
320.41  involvement in tourism, $3,500,000 the 
320.42  first year and $3,500,000 the second 
320.43  year of the amounts appropriated for 
320.44  marketing activities are contingent on 
320.45  receipt of an equal contribution from 
320.46  nonstate sources that have been 
320.47  certified by the commissioner.  Up to 
320.48  one-half of the match may be given in 
320.49  in-kind contributions. 
320.50  In order to maximize marketing grant 
320.51  benefits, the commissioner must give 
320.52  priority for joint venture marketing 
320.53  grants to organizations with year-round 
320.54  sustained tourism activities.  For 
320.55  programs and projects submitted, the 
320.56  commissioner must give priority to 
320.57  those that encompass two or more areas 
320.58  or that attract nonresident travelers 
320.59  to the state. 
320.60  If an appropriation for either year for 
320.61  grants is not sufficient, the 
320.62  appropriation for the other year is 
321.1   available for it. 
321.2   The commissioner may use grant dollars 
321.3   or the value of in-kind services to 
321.4   provide the state contribution for the 
321.5   partnership program. 
321.6   Any unexpended money from general fund 
321.7   appropriations made under this 
321.8   subdivision does not cancel but must be 
321.9   placed in a special advertising account 
321.10  for use by the office of tourism to 
321.11  purchase additional media. 
321.12  Of this amount, $50,000 the first year 
321.13  is for a onetime grant to the 
321.14  Mississippi River parkway commission to 
321.15  support the increased promotion of 
321.16  tourism along the Great River Road.  
321.17  This appropriation is available until 
321.18  June 30, 2005. 
321.19  Of this amount, $175,000 the first year 
321.20  and $175,000 the second year are for 
321.21  the Minnesota film board.  The 
321.22  appropriation in each year is available 
321.23  only upon receipt by the board of $1 in 
321.24  matching contributions of money or 
321.25  in-kind from nonstate sources for every 
321.26  $3 provided by this appropriation.  
321.27  Subd. 6.  Administrative Support
321.28       4,992,000      4,604,000
321.29  Subd. 7.  Workforce Services           8,274,000      8,254,000 
321.30                Summary by Fund
321.31  General               6,389,000     6,389,000
321.32  Workforce Development
321.33  Fund                  1,645,000     1,625,000
321.34  Special Revenue         240,000       240,000
321.35  (a) $990,000 the first year and 
321.36  $990,000 the second year are for 
321.37  displaced homemaker programs under 
321.38  Minnesota Statutes, section 268.96.  Of 
321.39  this amount, $750,000 each year is from 
321.40  the workforce development fund and 
321.41  $240,000 each year is from the special 
321.42  revenue fund.  The commissioner of 
321.43  economic security shall report to the 
321.44  legislature by February 15, 2005, on 
321.45  the outcome of grants under this 
321.46  paragraph. 
321.47  (b) $875,000 the first year and 
321.48  $875,000 the second year are from the 
321.49  workforce development fund for the 
321.50  Opportunities Industrialization Center 
321.51  programs.  
321.52  (c) $1,257,000 the first year and 
321.53  $1,257,000 the second year are for 
321.54  youth intervention programs under 
321.55  Minnesota Statutes, section 268.30.  
321.56  One percent of this appropriation is 
321.57  for a grant to the Minnesota Youth 
322.1   Intervention Programs Association 
322.2   (YIPA) to provide collaborative 
322.3   training and technical assistance to 
322.4   community-based grantees of the 
322.5   program. The base funding in the fiscal 
322.6   year 2006-2007 biennium is $1,446,000 
322.7   each year. 
322.8   (d) $4,154,000 the first year and 
322.9   $4,154,000 the second year are for the 
322.10  Minnesota youth program.  If the 
322.11  appropriation in either year is 
322.12  insufficient, the appropriation for the 
322.13  other year is available.  Of the money 
322.14  appropriated for the summer youth 
322.15  program for the first year, $400,000 is 
322.16  immediately available.  Any remaining 
322.17  balance of the immediately available 
322.18  money is available in the first year. 
322.19  (e) $754,000 the first year and 
322.20  $754,000 the second year are for the 
322.21  Youthbuild program under Minnesota 
322.22  Statutes, sections 268.361 to 
322.23  268.3661.  A Minnesota Youthbuild 
322.24  program funded under this section as 
322.25  authorized in Minnesota Statutes, 
322.26  sections 268.361 to 268.3661, qualifies 
322.27  as an approved training program under 
322.28  Minnesota Rules, part 5200.0930, 
322.29  subpart 1. 
322.30  (f) $20,000 the first year is a onetime 
322.31  appropriation from the workforce 
322.32  development fund for a transfer to the 
322.33  University of Minnesota Duluth for the 
322.34  purpose of funding the continuation of 
322.35  workforce surveys in northeast 
322.36  Minnesota.  The chancellor of the 
322.37  University of Minnesota Duluth is 
322.38  requested to direct the School of 
322.39  Business and Economics to conduct a 
322.40  survey of households and businesses 
322.41  with the goal of providing information 
322.42  on regional workforce demand and 
322.43  supply.  The survey results must be 
322.44  organized and distributed as follows: 
322.45  (1) information organized in the form 
322.46  of a development information sheet to 
322.47  be used in industrial recruiting; 
322.48  (2) a formal report, similar to those 
322.49  produced by the School of Business and 
322.50  Economics previous surveys; 
322.51  (3) appropriate oral presentations to a 
322.52  reasonable number of interested 
322.53  parties; 
322.54  (4) a Web page, usable by economic 
322.55  developers and prospective industries, 
322.56  summarizing the data; and 
322.57  (5) continuous updates to be presented 
322.58  to the legislature. 
322.59  An advisory committee may be appointed 
322.60  to review and aid in the survey effort. 
322.61  Subd. 8.  Rehabilitation Services     21,818,000     21,758,000 
323.1                 Summary by Fund
323.2   General              14,813,000    14,813,000
323.3   Workforce Development
323.4   Fund                  7,005,000     6,945,000
323.5   $11,737,000 the first year and 
323.6   $11,737,000 the second year are for 
323.7   extended employment services for 
323.8   persons with severe disabilities or 
323.9   related conditions under Minnesota 
323.10  Statutes, section 268A.15.  Of this 
323.11  amount, $6,920,000 the first year and 
323.12  $6,920,000 the second year are from the 
323.13  workforce development fund.  
323.14  $1,325,000 the first year and 
323.15  $1,325,000 the second year are for 
323.16  grants to fund the eight centers for 
323.17  independent living.  The base funding 
323.18  in the fiscal year 2006-2007 biennium 
323.19  is $1,690,000 each year.  Money not 
323.20  expended in the first year is available 
323.21  in the second year. 
323.22  $150,000 the first year and $150,000 
323.23  the second year are for grants to the 
323.24  Minnesota employment center for people 
323.25  who are deaf or hard-of-hearing.  Money 
323.26  not expended in the first year is 
323.27  available in the second year. 
323.28  $1,000,000 the first year and 
323.29  $1,000,000 the second year are for 
323.30  grants for programs that provide 
323.31  employment support services to persons 
323.32  with mental illness under Minnesota 
323.33  Statutes, sections 268A.13 and 
323.34  268A.14.  Up to $70,000 each year may 
323.35  be used for administrative and salary 
323.36  expenses. 
323.37  $60,000 the first year is a onetime 
323.38  appropriation from the workforce 
323.39  development fund for education for 
323.40  employers to support HIV/AIDS general 
323.41  education and awareness and to improve 
323.42  capacities to manage HIV/AIDS in the 
323.43  workplace.  The commissioner may 
323.44  contract with a community-based 
323.45  organization for education and legal 
323.46  and technical assistance for employers 
323.47  and their employees.  This 
323.48  appropriation is available until June 
323.49  30, 2005. 
323.50  Subd. 9.  State Services for
323.51  the Blind                              4,448,000      4,448,000 
323.52  The base funding restored by this 
323.53  subdivision is intended to be used to 
323.54  provide services to blind persons, and 
323.55  that restored funding should be used to 
323.56  hire staff that provide direct 
323.57  services, including accessible 
323.58  materials from the communication 
323.59  center, to blind persons. 
323.60  Sec. 3.  MINNESOTA TECHNOLOGY, INC.    3,000,000        -0-     
324.1   $3,000,000 the first year is for 
324.2   transfer from the general fund to the 
324.3   Minnesota Technology, Inc. fund.  This 
324.4   is a onetime appropriation and no base 
324.5   funding is provided for any future year.
324.6   Sec. 4.  HOUSING FINANCE AGENCY
324.7   Subdivision 1.  Total
324.8   Appropriation                         35,385,000     34,885,000
324.9   The amounts that may be spent from this 
324.10  appropriation for certain programs are 
324.11  specified in the following subdivisions.
324.12  This appropriation is for transfer to 
324.13  the housing development fund for the 
324.14  programs specified.  Except as 
324.15  otherwise indicated, this transfer is 
324.16  part of the agency's permanent budget 
324.17  base. 
324.18  Subd. 2.  Roseau Flood Assistance 
324.19  $500,000 the first year is for a 
324.20  onetime grant for the city of Roseau to 
324.21  buy out flood damaged residential 
324.22  properties as provided below.  The 
324.23  agency is authorized to provide 
324.24  assistance for the city of Roseau to 
324.25  acquire properties within the area 
324.26  included in DR-1419 that meet the 
324.27  following criteria: 
324.28  (1) the owner agrees to voluntarily 
324.29  sell the property; 
324.30  (2) the property to be acquired was the 
324.31  principal residence of the owner prior 
324.32  to the flooding described in DR-1419; 
324.33  and 
324.34  (3) the cost of restoring the property 
324.35  to its predamage condition would equal 
324.36  or exceed 50 percent of the market 
324.37  value of the structure before the 
324.38  damage occurred, or the property has 
324.39  been declared uninhabitable by a state 
324.40  or local official in accordance with 
324.41  current codes or ordinances. 
324.42  Property owners may receive assistance 
324.43  from the city in amounts up to the 
324.44  preflood fair market value of their 
324.45  property.  The city must reduce the 
324.46  assistance provided to a property owner 
324.47  by any duplication of benefits from 
324.48  other sources.  If the property owner 
324.49  is selling the structure which served 
324.50  as the principal residence but not the 
324.51  real property on which the structure is 
324.52  located, the assistance must be reduced 
324.53  by the preflood fair market value of 
324.54  the real property.  If the city sells 
324.55  the real property it has acquired with 
324.56  the assistance provided under this 
324.57  subdivision, it will repay to the 
324.58  agency any funds obtained from the sale 
324.59  of the real property.  
324.60  Subd. 3.  Affordable Rental Investment Fund
325.1   $9,273,000 the first year and 
325.2   $9,273,000 the second year are for the 
325.3   affordable rental investment fund 
325.4   program under Minnesota Statutes, 
325.5   section 462A.21, subdivision 8b. 
325.6   This appropriation is to finance the 
325.7   acquisition, rehabilitation, and debt 
325.8   restructuring of federally assisted 
325.9   rental property and for making equity 
325.10  take-out loans under Minnesota 
325.11  Statutes, section 462A.05, subdivision 
325.12  39.  The owner of the federally 
325.13  assisted rental property must agree to 
325.14  participate in the applicable federally 
325.15  assisted housing program and to extend 
325.16  any existing low-income affordability 
325.17  restrictions on the housing for the 
325.18  maximum term permitted.  The owner must 
325.19  also enter into an agreement that gives 
325.20  local units of government, housing and 
325.21  redevelopment authorities, and 
325.22  nonprofit housing organizations the 
325.23  right of first refusal if the rental 
325.24  property is offered for sale.  Priority 
325.25  must be given among comparable 
325.26  properties to properties with the 
325.27  longest remaining term under an 
325.28  agreement for federal rental 
325.29  assistance.  Priority must also be 
325.30  given among comparable rental housing 
325.31  developments to developments that are 
325.32  or will be owned by local government 
325.33  units, a housing and redevelopment 
325.34  authority, or a nonprofit housing 
325.35  organization. 
325.36  Subd. 4.  Family Homeless Prevention
325.37  $3,715,000 the first year and 
325.38  $3,715,000 the second year are for 
325.39  family homeless prevention and 
325.40  assistance programs under Minnesota 
325.41  Statutes, section 462A.204.  Any 
325.42  balance in the first year does not 
325.43  cancel but is available in the second 
325.44  year.  
325.45  Subd. 5.  Challenge Program 
325.46  $9,622,000 the first year and 
325.47  $9,622,000 the second year are for the 
325.48  economic development and housing 
325.49  challenge program under Minnesota 
325.50  Statutes, section 462A.33. 
325.51  Subd. 6.  Rental Assistance for Mentally Ill 
325.52  $1,638,000 the first year and 
325.53  $1,638,000 the second year are for a 
325.54  rental housing assistance program for 
325.55  persons with a mental illness or 
325.56  families with an adult member with a 
325.57  mental illness under Minnesota 
325.58  Statutes, section 462A.2097.  The 
325.59  agency must not reduce the funding 
325.60  under this subdivision. 
325.61  Subd. 7.  Home Ownership Education, 
325.62  Counseling, and Training
326.1   $770,000 the first year and $770,000 
326.2   the second year are for the home 
326.3   ownership education, counseling, and 
326.4   training program under Minnesota 
326.5   Statutes, section 462A.209. 
326.6   Subd. 8.  Housing Trust Fund
326.7   $4,305,000 the first year and 
326.8   $4,305,000 the second year are for the 
326.9   housing trust fund to be deposited in 
326.10  the housing trust fund account created 
326.11  under Minnesota Statutes, section 
326.12  462A.201, and used for the purposes 
326.13  provided in that section.  
326.14  Subd. 9.  Urban Indian Housing Program 
326.15  $180,000 the first year and $180,000 
326.16  the second year are for the urban 
326.17  Indian housing program under Minnesota 
326.18  Statutes, section 462A.07, subdivision 
326.19  15.  
326.20  Subd. 10.  Tribal Indian Housing Program
326.21  $1,105,000 the first year and 
326.22  $1,105,000 the second year are for the 
326.23  tribal Indian housing program under 
326.24  Minnesota Statutes, section 462A.07, 
326.25  subdivision 14.  
326.26  Subd. 11.  Capacity Building Grants 
326.27  $305,000 the first year and $305,000 
326.28  the second year are for nonprofit 
326.29  capacity building grants under 
326.30  Minnesota Statutes, section 462A.21, 
326.31  subdivision 3b.  
326.32  Subd. 12.  Housing Rehabilitation
326.33  and Accessibility
326.34  $3,972,000 the first year and 
326.35  $3,972,000 the second year are for the 
326.36  housing rehabilitation and 
326.37  accessibility program under Minnesota 
326.38  Statutes, section 462A.05, subdivisions 
326.39  14a and 15a. 
326.40  Subd. 13.  Home Ownership
326.41  Assistance Fund
326.42  The budget base for the home ownership 
326.43  assistance fund shall be $885,000 in 
326.44  fiscal year 2006 and $885,000 in fiscal 
326.45  year 2007. 
326.46  Sec. 5.  LABOR AND INDUSTRY                                     
326.47  Subdivision 1.  Total           
326.48  Appropriation                         23,152,000     22,561,000
326.49                Summary by Fund
326.50  General               2,905,000     2,839,000
326.51  Workers'     
326.52  Compensation         19,797,000    19,272,000
326.53  Workforce Development
327.1   Fund                    450,000       450,000
327.2   The amounts that may be spent from this 
327.3   appropriation for each program are 
327.4   specified in the following subdivisions.
327.5   Subd. 2.  Workers' Compensation 
327.6       10,566,000     10,346,000 
327.7   This appropriation is from the workers' 
327.8   compensation fund. 
327.9   $125,000 the first year and $125,000 
327.10  the second year are for grants to the 
327.11  Vinland Center for rehabilitation 
327.12  service. 
327.13  Subd. 3.  Workplace Services
327.14      6,994,000       6,928,000
327.15                Summary by Fund
327.16  General               2,905,000     2,839,000
327.17  Workers'
327.18  Compensation          3,639,000     3,639,000
327.19  Workforce Development
327.20  Fund                    450,000       450,000 
327.21  $345,000 the first year and $345,000 
327.22  the second year are for boiler 
327.23  inspections under Minnesota Statutes, 
327.24  section 183.38, subdivision 1.  This is 
327.25  a onetime appropriation and is not 
327.26  added to the department's base. 
327.27  $350,000 each year is from the 
327.28  workforce development fund for the 
327.29  apprenticeship program under Minnesota 
327.30  Statutes, chapter 178. 
327.31  $100,000 the first year and $100,000 
327.32  the second year are for labor education 
327.33  and advancement program grants.  This 
327.34  appropriation is from the workforce 
327.35  development fund. 
327.36  Subd. 4.  General Support 
327.37       5,592,000      5,287,000
327.38  This appropriation is from the workers' 
327.39  compensation fund. 
327.40  Sec. 6.  BUREAU OF MEDIATION SERVICES 
327.41  Subdivision 1.  Total
327.42  Appropriation                          1,773,000      1,773,000
327.43  The amounts that may be spent from this 
327.44  appropriation for each program are 
327.45  specified in the following subdivisions.
327.46  Subd. 2.  Mediation Services 
327.47       1,673,000      1,673,000
327.48  Subd. 3.  Labor Management 
328.1   Cooperation Grants
328.2          100,000        100,000
328.3   $100,000 each year is for grants to 
328.4   area labor-management committees.  
328.5   Grants may be awarded for a 12-month 
328.6   period beginning July 1 of each year.  
328.7   Any unencumbered balance remaining at 
328.8   the end of the first year does not 
328.9   cancel but is available for the second 
328.10  year. 
328.11  Sec. 7.  WORKERS' COMPENSATION
328.12  COURT OF APPEALS                       1,618,000      1,618,000
328.13  This appropriation is from the workers' 
328.14  compensation fund. 
328.15  Sec. 8.  MINNESOTA HISTORICAL 
328.16  SOCIETY 
328.17  Subdivision 1.  Total       
328.18  Appropriation                         22,407,000     22,280,000
328.19  The amounts that may be spent from this 
328.20  appropriation for each program are 
328.21  specified in the following subdivisions.
328.22  The historical society shall make its 
328.23  best possible efforts, including the 
328.24  use of volunteers, to avoid closing 
328.25  historic sites or substantially 
328.26  limiting public access to them.  Before 
328.27  closing any site, the society must 
328.28  consult with, and fully consider 
328.29  proposals from, interested community 
328.30  groups or individuals who are willing 
328.31  to provide financial or in-kind support 
328.32  for site operations. 
328.33  Subd. 2.  Education and     
328.34  Outreach                              12,381,000     12,381,000 
328.35  Subd. 3.  Preservation and  
328.36  Access                                 9,772,000      9,772,000 
328.37  Subd. 4.  Fiscal Agent                   254,000        127,000 
328.38  (a) Minnesota International Center 
328.39          43,000         42,000 
328.40  (b) Minnesota Air National   
328.41  Guard Museum 
328.42          16,000        -0-     
328.43  (c) Minnesota Military Museum 
328.44          67,000        -0-     
328.45  (d) Farmamerica              
328.46         128,000         85,000 
328.47  Notwithstanding any other law, this 
328.48  appropriation may be used for 
328.49  operations. 
328.50  (e) Balances Forward         
329.1   Any unencumbered balance remaining in 
329.2   this subdivision the first year does 
329.3   not cancel but is available for the 
329.4   second year of the biennium. 
329.5   Subd. 5.  Fund Transfer  
329.6   The society may reallocate funds 
329.7   appropriated in and between 
329.8   subdivisions 2 and 3 for any program 
329.9   purposes. 
329.10  Sec. 9.  BOARD OF THE      
329.11  ARTS                                   
329.12  Subdivision 1.  Total 
329.13  Appropriation                          8,593,000      8,593,000 
329.14  If the appropriation for either year is 
329.15  insufficient, the appropriation for the 
329.16  other year is available. 
329.17  Subd. 2.  Operations and Services        404,000        404,000 
329.18  Subd. 3.  Grants Programs              5,767,000      5,767,000 
329.19  Subd. 4.  Regional Arts     
329.20  Councils                               2,422,000      2,422,000 
329.21  Sec. 10.  CHILDREN, FAMILIES 
329.22  AND LEARNING 
329.23  Subdivision 1.  Total
329.24  Appropriation                          3,338,000      3,338,000
329.25  Subd. 2.  Emergency Services
329.26         350,000        350,000
329.27  For emergency services grants under 
329.28  Laws 1997, chapter 162, article 3, 
329.29  section 7.  Any balance in the first 
329.30  year does not cancel but is available 
329.31  in the second year. 
329.32  Subd. 3.  Transitional Housing         2,988,000      2,988,000 
329.33  $2,988,000 the first year and 
329.34  $2,988,000 the second year are for 
329.35  transitional housing programs according 
329.36  to Minnesota Statutes, section 
329.37  119A.43.  Any balance in the first year 
329.38  does not cancel but is available in the 
329.39  second year.  
329.40     Sec. 11.  [CANCELLATIONS AND TRANSFERS.] 
329.41     (a) The unexpended balance as of July 1, 2003, from all 
329.42  appropriations to the capital access program established under 
329.43  Minnesota Statutes, section 116J.8761, is canceled to the 
329.44  general fund. 
329.45     (b) The unexpended balance as of July 1, 2003, in the 
329.46  nongame wildlife tourism program in the department of trade and 
329.47  economic development is canceled to the general fund. 
330.1      (c) Of the appropriation made to the department of trade 
330.2   and economic development in Laws 1997, chapter 200, article 1, 
330.3   section 2, subdivision 2, $361,000 is canceled to the general 
330.4   fund. 
330.5      (d) Of the appropriation made to the public facilities 
330.6   authority in Laws 2000, chapter 492, article 1, section 22, 
330.7   subdivision 3, $700,000 is canceled to the general fund. 
330.8      (e) After July 1, 2003, but before September 30, 2003, the 
330.9   commissioner of finance shall transfer $800,000 of the 
330.10  unexpended balance in the tourism loan account established under 
330.11  Minnesota Statutes, section 116J.617, subdivision 5, to the 
330.12  general fund. 
330.13     (f) Any repayments of principal and any interest earned on 
330.14  money previously in the tourism loan account shall be deposited 
330.15  in the general fund. 
330.16     (g) On or before June 30 of each fiscal year, the 
330.17  commissioner of finance shall transfer $550,000 from the 
330.18  workforce development fund to the general fund. 
330.19     Sec. 12.  Laws 2002, chapter 220, article 13, section 9, 
330.20  subdivision 2, as amended by Laws 2002, chapter 374, article 8, 
330.21  section 6, is amended to read: 
330.22     Subd. 2.  [SPECIAL COMPENSATION FUND.] After June 1, 2003, 
330.23  but no later than June 30, 2003, the commissioner of finance 
330.24  shall transfer $250,000,000 $265,000,000 in assets of the excess 
330.25  surplus account of the special compensation fund created under 
330.26  Minnesota Statutes, section 176.129, to the general fund. 
330.27     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
330.28  following final enactment. 
330.29     Sec. 13.  Laws 2002, chapter 331, section 19, is amended to 
330.30  read:  
330.31     Sec. 19.  [EFFECTIVE DATE.] 
330.32     Sections 16 and 17 are effective July 1, 2003 2004. 
330.33     Sec. 14.  [FEDERAL FUND APPROVAL.] 
330.34     Requests to spend federal grants and aids as shown in the 
330.35  biennial budget document and its supplements for the departments 
330.36  of trade and economic development, economic security, and labor 
331.1   and industry; the Minnesota housing finance agency; and 
331.2   Minnesota Technology, Inc., for which further review was 
331.3   requested under Minnesota Statutes, section 3.3005, subdivision 
331.4   2a, in January or February 2003, are approved and the amounts 
331.5   shown in the budget documents are appropriated for the purpose 
331.6   indicated in the request. 
331.7      Sec. 15.  [REPEALER.] 
331.8      Minnesota Statutes 2002, section 138.91, is repealed. 
331.9                              ARTICLE 11 
331.10                  DEPARTMENT OF LABOR AND INDUSTRY  
331.11                         POLICY PROVISIONS 
331.12     Section 1.  Minnesota Statutes 2002, section 175.16, 
331.13  subdivision 1, is amended to read: 
331.14     Subdivision 1.  [ESTABLISHED.] The department of labor and 
331.15  industry shall consist of the following divisions:  division of 
331.16  workers' compensation, division of boiler inspection, division 
331.17  of occupational safety and health, division of statistics, 
331.18  division of steamfitting standards, division of voluntary 
331.19  apprenticeship, division of labor standards and apprenticeship, 
331.20  and such other divisions as the commissioner of the department 
331.21  of labor and industry may deem necessary and establish.  Each 
331.22  division of the department and persons in charge thereof shall 
331.23  be subject to the supervision of the commissioner of the 
331.24  department of labor and industry and, in addition to such duties 
331.25  as are or may be imposed on them by statute, shall perform such 
331.26  other duties as may be assigned to them by said the commissioner.
331.27  Notwithstanding any other law to the contrary, the commissioner 
331.28  is the administrator and supervisor of all of the department's 
331.29  dispute resolution functions and personnel and may delegate 
331.30  authority to compensation judges and others to make 
331.31  determinations under sections 176.106, 176.238, and 176.239 and 
331.32  to approve settlement of claims under section 176.521. 
331.33     Sec. 2.  Minnesota Statutes 2002, section 177.26, 
331.34  subdivision 1, is amended to read: 
331.35     Subdivision 1.  [CREATION.] The division of labor standards 
331.36  and apprenticeship in the department of labor and industry is 
332.1   supervised and controlled by the commissioner of labor and 
332.2   industry.  
332.3      Sec. 3.  Minnesota Statutes 2002, section 177.26, 
332.4   subdivision 2, is amended to read: 
332.5      Subd. 2.  [POWERS AND DUTIES.] The powers, duties, and 
332.6   functions given to the department's division of women and 
332.7   children by this chapter, and other applicable laws relating to 
332.8   wages, hours, and working conditions, are transferred to the 
332.9   division of labor standards.  The division of labor standards 
332.10  and apprenticeship shall administer sections 177.21 to 177.35 
332.11  and chapter chapters 177, 178, 181, 181A, and 184.  The division 
332.12  shall perform duties under sections 181.9435 and 181.9436. 
332.13     Sec. 4.  Minnesota Statutes 2002, section 178.01, is 
332.14  amended to read: 
332.15     178.01 [PURPOSES.] 
332.16     The purposes of this chapter are:  to open to young people 
332.17  regardless of race, sex, creed, color or national origin, the 
332.18  opportunity to obtain training that will equip them for 
332.19  profitable employment and citizenship; to establish as a means 
332.20  to this end, a program of voluntary apprenticeship under 
332.21  approved apprentice agreements providing facilities for their 
332.22  training and guidance in the arts, skills, and crafts of 
332.23  industry and trade, with concurrent, supplementary instruction 
332.24  in related subjects; to promote employment opportunities under 
332.25  conditions providing adequate training and reasonable earnings; 
332.26  to relate the supply of skilled workers to employment demands; 
332.27  to establish standards for apprentice training; to establish an 
332.28  apprenticeship advisory council and apprenticeship committees to 
332.29  assist in effectuating the purposes of this chapter; to provide 
332.30  for a division of voluntary labor standards and apprenticeship 
332.31  within the department of labor and industry; to provide for 
332.32  reports to the legislature regarding the status of apprentice 
332.33  training in the state; to establish a procedure for the 
332.34  determination of apprentice agreement controversies; and to 
332.35  accomplish related ends.  
332.36     Sec. 5.  Minnesota Statutes 2002, section 178.03, 
333.1   subdivision 1, is amended to read: 
333.2      Subdivision 1.  [ESTABLISHMENT OF DIVISION.] There is 
333.3   hereby established a division of voluntary labor standards and 
333.4   apprenticeship in the department of labor and industry.  This 
333.5   division shall be administered by a director, and be under the 
333.6   supervision of the commissioner of labor and industry, 
333.7   hereinafter referred to as the commissioner.  
333.8      Sec. 6.  Minnesota Statutes 2002, section 178.03, 
333.9   subdivision 2, is amended to read: 
333.10     Subd. 2.  [DIRECTOR OF VOLUNTARY LABOR STANDARDS AND 
333.11  APPRENTICESHIP.] The commissioner shall appoint a director of 
333.12  the division of voluntary labor standards and apprenticeship, 
333.13  hereinafter referred to as the director, and may appoint and 
333.14  employ such clerical, technical, and professional help as is 
333.15  necessary to accomplish the purposes of this chapter.  The 
333.16  director and division staff shall be appointed and shall serve 
333.17  in the classified service pursuant to civil service law and 
333.18  rules.  
333.19     Sec. 7.  [178.12] [REGISTRATION FEE.] 
333.20     The apprenticeship registration account is established in 
333.21  the special revenue fund of the state treasury.  An annual 
333.22  registration fee will be charged to each sponsor for each 
333.23  apprentice registered in the program.  The fee is established at 
333.24  $30 per apprentice.  Subsequent adjustments to this fee will be 
333.25  made pursuant to Minnesota Statutes, sections 16A.1283 and 
333.26  16A.1285, subdivision 2.  The fees collected and any interest 
333.27  earned are appropriated to the commissioner for purposes of this 
333.28  chapter. 
333.29     Sec. 8.  Minnesota Statutes 2002, section 181.9435, 
333.30  subdivision 1, is amended to read: 
333.31     Subdivision 1.  [INVESTIGATION.] The division of labor 
333.32  standards and apprenticeship shall receive complaints of 
333.33  employees against employers relating to sections 181.940 to 
333.34  181.9436 and investigate informally whether an employer may be 
333.35  in violation of sections 181.940 to 181.9436.  The division 
333.36  shall attempt to resolve employee complaints by informing 
334.1   employees and employers of the provisions of the law and 
334.2   directing employers to comply with the law. 
334.3      Sec. 9.  Minnesota Statutes 2002, section 181.9436, is 
334.4   amended to read: 
334.5      181.9436 [POSTING OF LAW.] 
334.6      The division of labor standards and apprenticeship shall 
334.7   develop, with the assistance of interested business and 
334.8   community organizations, an educational poster stating 
334.9   employees' rights under sections 181.940 to 181.9436.  The 
334.10  department shall make the poster available, upon request, to 
334.11  employers for posting on the employer's premises. 
334.12     Sec. 10.  Minnesota Statutes 2002, section 182.667, 
334.13  subdivision 2, is amended to read: 
334.14     Subd. 2.  Any employer who willfully or repeatedly violates 
334.15  the requirements of section 182.653, any safety and health 
334.16  standard promulgated under this chapter, any existing rule 
334.17  promulgated by the department, may be punished by a fine of not 
334.18  more than $20,000 $70,000 or by imprisonment for not more than 
334.19  six months or by both; except, that if the conviction is for a 
334.20  violation committed after a first conviction of such person, 
334.21  punishment shall be a fine of not more than $35,000 $100,000 or 
334.22  by imprisonment for not more than one year, or by both. 
334.23     Sec. 11.  [BOILER INSPECTION AND LICENSE FEE SURCHARGE.] 
334.24     The commissioner of labor and industry shall impose a 
334.25  surcharge of $5 on each of the fees authorized under Minnesota 
334.26  Statutes, section 183.545, subdivisions 2, 3, and 4, for the 
334.27  period starting July 1, 2003, and ending June 30, 2005. 
334.28     Sec. 12.  [WORKERS' COMPENSATION WORKING GROUP.] 
334.29     The commissioner of labor and industry shall convene a 
334.30  working group to study issues related to the medical cost 
334.31  drivers of the workers' compensation program.  The group shall 
334.32  report its findings, along with any recommendations to the 
334.33  workers' compensation advisory council before January 9, 2004.  
334.34  The purpose of the study is to examine the medical cost drivers 
334.35  of the workers' compensation program in order to ensure costs 
334.36  are not excessive, while at the same time ensuring that injured 
335.1   workers have adequate access to health care providers under the 
335.2   workers' compensation system.  The working group shall consist 
335.3   of an equal number of provider, employer, and labor 
335.4   representatives.  The study shall examine: 
335.5      (1) the growth in medical costs in the workers' 
335.6   compensation program compared to the growth in overall medical 
335.7   costs; and 
335.8      (2) the costs that are unique to providing medical services 
335.9   to injured workers under the workers' compensation program. 
335.10     The commissioner shall convene the study group no later 
335.11  than September 1, 2003.  By February 15, 2004, the workers' 
335.12  compensation advisory council must report to the chairs of the 
335.13  legislative committees with jurisdiction over workers' 
335.14  compensation regarding the recommendations of the working group, 
335.15  including a description of action taken on the recommendations. 
335.16                             ARTICLE 12
335.17            DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT 
335.18                    POLICY PROVISIONS - PART ONE 
335.19     Section 1.  Minnesota Statutes 2002, section 248.10, is 
335.20  amended to read: 
335.21     248.10 [REHABILITATION COUNCIL FOR THE BLIND.] 
335.22     (a) The commissioner shall establish a rehabilitation 
335.23  council for the blind consistent with the federal Rehabilitation 
335.24  Act of 1973, Public Law Number 93-112, as amended.  Council 
335.25  members shall be compensated as provided in section 15.059, 
335.26  subdivision 3.  The council shall advise the commissioner about 
335.27  programs of the division of state services for the blind. 
335.28     (b) Notwithstanding section 13D.01, the rehabilitation 
335.29  council for the blind may conduct a meeting of its members by 
335.30  telephone or other electronic means so long as the following 
335.31  conditions are met: 
335.32     (1) all members of the council participating in the 
335.33  meeting, wherever their physical location, can hear one another 
335.34  and can hear all discussion and testimony; 
335.35     (2) members of the public present at the regular meeting 
335.36  location of the council can hear all discussion and testimony 
336.1   and all votes of members of the council; 
336.2      (3) at least one member of the council is physically 
336.3   present at the regular meeting location; and 
336.4      (4) all votes are conducted by roll call, so each member's 
336.5   vote on each issue can be identified and recorded. 
336.6      (c) Each member of the council participating in a meeting 
336.7   by telephone or other electronic means is considered present at 
336.8   the meeting for purposes of determining a quorum and 
336.9   participating in all proceedings. 
336.10     (d) If telephone or another electronic means is used to 
336.11  conduct a meeting, the council to the extent practical, shall 
336.12  allow a person to monitor the meeting electronically from a 
336.13  remote location.  The council may require the person making such 
336.14  a connection to pay for documented marginal costs that the 
336.15  council incurs as a result of the additional connection.  
336.16     (e) If telephone or another electronic means is used to 
336.17  conduct a regular, special, or emergency meeting, the council 
336.18  shall provide notice of the regular meeting location, of the 
336.19  fact that some members may participate by electronic means, and 
336.20  of the provisions of paragraph (d).  The timing and method of 
336.21  providing notice is governed by section 13D.04. 
336.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
336.23  following final enactment. 
336.24     Sec. 2.  Minnesota Statutes 2002, section 268A.02, is 
336.25  amended by adding a subdivision to read: 
336.26     Subd. 3.  [ELECTRONIC OR TELEPHONIC MEETINGS.] (a) 
336.27  Notwithstanding section 13D.01, the state rehabilitation council 
336.28  and the statewide independent living council may conduct a 
336.29  meeting of its members by telephone or other electronic means so 
336.30  long as the following conditions are met: 
336.31     (1) all members of the council participating in the 
336.32  meeting, wherever their physical location, can hear one another 
336.33  and can hear all discussion and testimony; 
336.34     (2) members of the public present at the regular meeting 
336.35  location of the council can hear all discussion and testimony 
336.36  and all votes of members of the council; 
337.1      (3) at least one member of the council is physically 
337.2   present at the regular meeting location; and 
337.3      (4) all votes are conducted by roll call, so each member's 
337.4   vote on each issue can be identified and recorded.  
337.5      (b) Each member of the council participating in a meeting 
337.6   by telephone or other electronic means is considered present at 
337.7   the meeting for purposes of determining a quorum and 
337.8   participating in all proceedings. 
337.9      (c) If telephone or other electronic means is used to 
337.10  conduct a meeting, the council, to the extent practical, shall 
337.11  allow a person to monitor the meeting electronically from a 
337.12  remote location.  The council may require the person making such 
337.13  a connection to pay for documented marginal costs that the 
337.14  council incurs as a result of the additional connection. 
337.15     (d) If telephone or other electronic means is used to 
337.16  conduct a regular, special, or emergency meeting, the council 
337.17  shall provide notice of the regular meeting location, of the 
337.18  fact that some members may participate by telephone or other 
337.19  electronic means, and of the provisions of paragraph (c).  The 
337.20  timing and method of providing notice is governed by section 
337.21  13D.04. 
337.22     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
337.23  following final enactment. 
337.24     Sec. 3.  Minnesota Statutes 2002, section 517.08, 
337.25  subdivision 1b, is amended to read: 
337.26     Subd. 1b.  [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 
337.27  (a) The court administrator shall examine upon oath the party 
337.28  applying for a license relative to the legality of the 
337.29  contemplated marriage.  If at the expiration of a five-day 
337.30  period, on being satisfied that there is no legal impediment to 
337.31  it, including the restriction contained in section 259.13, the 
337.32  court administrator shall issue the license, containing the full 
337.33  names of the parties before and after marriage, and county and 
337.34  state of residence, with the district court seal attached, and 
337.35  make a record of the date of issuance.  The license shall be 
337.36  valid for a period of six months.  In case of emergency or 
338.1   extraordinary circumstances, a judge of the district court of 
338.2   the county in which the application is made, may authorize the 
338.3   license to be issued at any time before the expiration of the 
338.4   five days.  Except as provided in paragraph (b), the court 
338.5   administrator shall collect from the applicant a fee of $70 $80 
338.6   for administering the oath, issuing, recording, and filing all 
338.7   papers required, and preparing and transmitting to the state 
338.8   registrar of vital statistics the reports of marriage required 
338.9   by this section.  If the license should not be used within the 
338.10  period of six months due to illness or other extenuating 
338.11  circumstances, it may be surrendered to the court administrator 
338.12  for cancellation, and in that case a new license shall issue 
338.13  upon request of the parties of the original license without 
338.14  fee.  A court administrator who knowingly issues or signs a 
338.15  marriage license in any manner other than as provided in this 
338.16  section shall pay to the parties aggrieved an amount not to 
338.17  exceed $1,000. 
338.18     (b) The marriage license fee for parties who have completed 
338.19  at least 12 hours of premarital education is $20.  In order to 
338.20  qualify for the reduced fee, the parties must submit a signed 
338.21  and dated statement from the person who provided the premarital 
338.22  education confirming that it was received.  The premarital 
338.23  education must be provided by a licensed or ordained minister or 
338.24  the minister's designee, a person authorized to solemnize 
338.25  marriages under section 517.18, or a person authorized to 
338.26  practice marriage and family therapy under section 148B.33.  The 
338.27  education must include the use of a premarital inventory and the 
338.28  teaching of communication and conflict management skills.  
338.29     (c) The statement from the person who provided the 
338.30  premarital education under paragraph (b) must be in the 
338.31  following form:  
338.32     "I, (name of educator), confirm that (names of both 
338.33  parties) received at least 12 hours of premarital education that 
338.34  included the use of a premarital inventory and the teaching of 
338.35  communication and conflict management skills.  I am a licensed 
338.36  or ordained minister, a person authorized to solemnize marriages 
339.1   under Minnesota Statutes, section 517.18, or a person licensed 
339.2   to practice marriage and family therapy under Minnesota 
339.3   Statutes, section 148B.33." 
339.4      The names of the parties in the educator's statement must 
339.5   be identical to the legal names of the parties as they appear in 
339.6   the marriage license application.  Notwithstanding section 
339.7   138.17, the educator's statement must be retained for seven 
339.8   years, after which time it may be destroyed.  
339.9      (d) If section 259.13 applies to the request for a marriage 
339.10  license, the court administrator shall grant the marriage 
339.11  license without the requested name change.  Alternatively, the 
339.12  court administrator may delay the granting of the marriage 
339.13  license until the party with the conviction: 
339.14     (1) certifies under oath that 30 days have passed since 
339.15  service of the notice for a name change upon the prosecuting 
339.16  authority and, if applicable, the attorney general and no 
339.17  objection has been filed under section 259.13; or 
339.18     (2) provides a certified copy of the court order granting 
339.19  it.  The parties seeking the marriage license shall have the 
339.20  right to choose to have the license granted without the name 
339.21  change or to delay its granting pending further action on the 
339.22  name change request. 
339.23     Sec. 4.  Minnesota Statutes 2002, section 517.08, 
339.24  subdivision 1c, is amended to read: 
339.25     Subd. 1c.  [DISPOSITION OF LICENSE FEE.] (a) Of the 
339.26  marriage license fee collected pursuant to subdivision 1b, 
339.27  paragraph (a), $15 must be retained by the county.  The court 
339.28  administrator must pay $55 $65 to the state treasurer to be 
339.29  deposited as follows: 
339.30     (1) $50 in the general fund; 
339.31     (2) $3 in the special revenue fund to be appropriated to 
339.32  the commissioner of children, families, and learning for 
339.33  parenting time centers under section 119A.37; and 
339.34     (3) $2 in the special revenue fund to be appropriated to 
339.35  the commissioner of health for developing and implementing the 
339.36  MN ENABL program under section 145.9255; and 
340.1      (4) $10 in the special revenue fund to be appropriated to 
340.2   the commissioner of economic security for the displaced 
340.3   homemaker program under section 268.96. 
340.4      (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 
340.5   must be retained by the county.  The state court administrator 
340.6   must pay $5 to the state treasurer to be distributed as provided 
340.7   in paragraph (a), clauses (2) and (3). 
340.8      Sec. 5.  Laws 2001, First Special Session chapter 4, 
340.9   article 2, section 31, is amended to read: 
340.10     Sec. 31.  [WORKFORCE ENHANCEMENT FEE.] 
340.11     Subdivision 1.  [FEE.] Notwithstanding Minnesota Statutes, 
340.12  section 268.022, effective January 1, 2002, the special 
340.13  assessment under that section on taxable wages as defined in 
340.14  Minnesota Statutes, section 268.035, subdivision 24, is 
340.15  suspended until December 31, 2005.  Effective January 1, 2002, 
340.16  there shall be assessed, in addition to unemployment taxes due 
340.17  under Minnesota Statutes, section 268.051, a workforce 
340.18  enhancement fee of .09 .12 percent on taxable wages.  If the 
340.19  commissioner of trade and economic development determines that 
340.20  the need for services under the dislocated worker program 
340.21  substantially exceeds the resources that will be available for 
340.22  that program, the commissioner may increase the fee to no more 
340.23  than .14 percent of taxable wages.  This fee shall be due and be 
340.24  paid on the same schedule and in the same manner as unemployment 
340.25  taxes under Minnesota Statutes, section 268.051.  Any amount 
340.26  past due under this section shall be subject to the same 
340.27  interest and collection provisions as unemployment taxes.  This 
340.28  fee shall expire on December 31, 2005. 
340.29     Subd. 2.  [USE OF FUNDS COLLECTED.] An amount equal to .07 
340.30  percent on taxable wages shall be deposited in the workforce 
340.31  development fund provided for under Minnesota Statutes, section 
340.32  268.022, subdivision 2.  An amount equal to .02 percent on 
340.33  taxable wages, less reimbursement for collection costs of the 
340.34  total amount of the fee, shall be deposited in the unemployment 
340.35  insurance technology initiative account provided for in section 
340.36  32.  The remaining funds collected under this section shall be 
341.1   deposited in the workforce development fund provided for under 
341.2   Minnesota Statutes, section 268.022, subdivision 2. 
341.3      <b>[EFFECTIVE DATE.]</b> This section is effective January 1, 2004.
341.4                              ARTICLE 13
341.5                   DEPARTMENT OF TRADE AND ECONOMIC
341.6               DEVELOPMENT POLICY PROVISIONS - PART TWO 
341.7      Section 1.  Minnesota Statutes 2002, section 17.03, 
341.8   subdivision 6, is amended to read: 
341.9      Subd. 6.  [COOPERATION WITH MINNESOTA TRADE DIVISION 
341.10  DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT.] The commissioner 
341.11  of agriculture, and the commissioner of trade and economic 
341.12  development, and the director of the Minnesota trade division 
341.13  shall cooperate with each other to promote the beneficial 
341.14  agricultural interests of the state.  The commissioner of trade 
341.15  and economic development and the director of the Minnesota trade 
341.16  division have agriculture has primary responsibility for 
341.17  promoting state agricultural interests to international 
341.18  markets.  The commissioner of trade and economic development and 
341.19  the director of the Minnesota trade division are agriculture is 
341.20  also responsible for the promotion of national trade programs 
341.21  related to international marketing.  The commissioner of 
341.22  agriculture has primary responsibility for promoting the 
341.23  agriculture interests of producers, promoting state agricultural 
341.24  markets, and promoting agricultural interests of the state in 
341.25  cooperative production and marketing efforts with other states 
341.26  and the United States Department of Agriculture.  The 
341.27  commissioner of agriculture is also responsible for promoting 
341.28  the national and international marketing of state agricultural 
341.29  products. 
341.30     Sec. 2.  Minnesota Statutes 2002, section 17.101, 
341.31  subdivision 1, is amended to read: 
341.32     Subdivision 1.  [DEPARTMENTAL DUTIES.] For the purposes of 
341.33  expanding, improving, and developing production and marketing of 
341.34  products of Minnesota agriculture, the commissioner shall 
341.35  encourage and promote the production and marketing of these 
341.36  products by means of:  
342.1      (a) advertising Minnesota agricultural products; 
342.2      (b) assisting state agricultural commodity organizations; 
342.3      (c) developing methods to increase processing and marketing 
342.4   of agricultural commodities including commodities not being 
342.5   produced in Minnesota on a commercial scale, but which may have 
342.6   economic potential in national and international markets; 
342.7      (d) investigating and identifying new marketing technology 
342.8   and methods to enhance the competitive position of Minnesota 
342.9   agricultural products; 
342.10     (e) evaluating livestock marketing opportunities; 
342.11     (f) assessing and developing national and international 
342.12  markets for Minnesota agricultural products; 
342.13     (g) studying the conversion of raw agricultural products to 
342.14  manufactured products including ethanol; 
342.15     (h) hosting the visits of foreign trade teams to Minnesota 
342.16  and defraying the teams' expenses; 
342.17     (i) assisting Minnesota agricultural businesses desiring to 
342.18  sell their products; 
342.19     (j) conducting research to eliminate or reduce specific 
342.20  production or technological barriers to market development and 
342.21  trade; and 
342.22     (k) other activities the commissioner deems appropriate to 
342.23  promote Minnesota agricultural products, provided that the 
342.24  activities do not duplicate programs or services provided by the 
342.25  Minnesota trade division or the Minnesota world trade center. 
342.26     Sec. 3.  Minnesota Statutes 2002, section 41A.036, 
342.27  subdivision 2, is amended to read: 
342.28     Subd. 2.  [SMALL BUSINESS DEVELOPMENT LOANS; PREFERENCES.] 
342.29  The following eligible small businesses have preference among 
342.30  all business applicants for small business development loans: 
342.31     (1) businesses located in rural areas of the state that are 
342.32  experiencing the most severe unemployment rates in the state; 
342.33     (2) businesses that are likely to expand and provide 
342.34  additional permanent employment in rural areas of the state, or 
342.35  enhance the quality of existing jobs in those areas; 
342.36     (3) businesses located in border communities that 
343.1   experience a competitive disadvantage due to location; 
343.2      (4) businesses that have been unable to obtain traditional 
343.3   financial assistance due to a disadvantageous location, minority 
343.4   ownership, or other factors rather than due to the business 
343.5   having been considered a poor financial risk; 
343.6      (5) businesses that utilize state resources and reduce 
343.7   state dependence on outside resources, and that produce products 
343.8   or services consistent with the long-term social and economic 
343.9   needs of the state; and 
343.10     (6) businesses located in designated enterprise zones, as 
343.11  described in section 469.168. 
343.12     Sec. 4.  Minnesota Statutes 2002, section 115C.08, 
343.13  subdivision 4, is amended to read: 
343.14     Subd. 4.  [EXPENDITURES.] (a) Money in the fund may only be 
343.15  spent: 
343.16     (1) to administer the petroleum tank release cleanup 
343.17  program established in this chapter; 
343.18     (2) for agency administrative costs under sections 116.46 
343.19  to 116.50, sections 115C.03 to 115C.06, and costs of corrective 
343.20  action taken by the agency under section 115C.03, including 
343.21  investigations; 
343.22     (3) for costs of recovering expenses of corrective actions 
343.23  under section 115C.04; 
343.24     (4) for training, certification, and rulemaking under 
343.25  sections 116.46 to 116.50; 
343.26     (5) for agency administrative costs of enforcing rules 
343.27  governing the construction, installation, operation, and closure 
343.28  of aboveground and underground petroleum storage tanks; 
343.29     (6) for reimbursement of the environmental response, 
343.30  compensation, and compliance account under subdivision 5 and 
343.31  section 115B.26, subdivision 4; 
343.32     (7) for administrative and staff costs as set by the board 
343.33  to administer the petroleum tank release program established in 
343.34  this chapter; 
343.35     (8) for corrective action performance audits under section 
343.36  115C.093; and 
344.1      (9) for contamination cleanup grants, as provided in 
344.2   paragraph (c). 
344.3      (b) Except as provided in paragraph (c), money in the fund 
344.4   is appropriated to the board to make reimbursements or payments 
344.5   under this section. 
344.6      (c) $6,200,000 is annually appropriated from the fund to 
344.7   the commissioner of trade and economic development for 
344.8   contamination cleanup grants under section 116J.554.  Of this 
344.9   amount, the commissioner may spend up to $120,000 $180,000 
344.10  annually for administration of the contamination cleanup grant 
344.11  program.  The appropriation does not cancel and is available 
344.12  until expended.  The appropriation shall not be withdrawn from 
344.13  the fund nor the fund balance reduced until the funds are 
344.14  requested by the commissioner of trade and economic 
344.15  development.  The commissioner shall schedule requests for 
344.16  withdrawals from the fund to minimize the necessity to impose 
344.17  the fee authorized by subdivision 2.  Unless otherwise provided, 
344.18  the appropriation in this paragraph may be used for: 
344.19     (1) project costs at a qualifying site if a portion of the 
344.20  cleanup costs are attributable to petroleum contamination; and 
344.21     (2) the costs of performing contamination investigation if 
344.22  there is a reasonable basis to suspect the contamination is 
344.23  attributable to petroleum. 
344.24     <b>[EFFECTIVE DATE.]</b> This section is effective June 30, 2003. 
344.25     Sec. 5.  Minnesota Statutes 2002, section 116J.011, is 
344.26  amended to read: 
344.27     116J.011 [MISSION.] 
344.28     The mission of the department of trade and economic 
344.29  development is to employ all of the available state government 
344.30  resources to facilitate an economic environment that produces 
344.31  net new job growth in excess of the national average, to improve 
344.32  the quality of existing jobs, and to increase nonresident and 
344.33  resident tourism revenues.  It is part of the department's 
344.34  mission that within the department's resources the commissioner 
344.35  shall endeavor to: 
344.36     (1) prevent the waste or unnecessary spending of public 
345.1   money; 
345.2      (2) use innovative fiscal and human resource practices to 
345.3   manage the state's resources and operate the department as 
345.4   efficiently as possible; 
345.5      (3) coordinate the department's activities wherever 
345.6   appropriate with the activities of other governmental agencies; 
345.7      (4) use technology where appropriate to increase agency 
345.8   productivity, improve customer service, increase public access 
345.9   to information about government, and increase public 
345.10  participation in the business of government; 
345.11     (5) utilize constructive and cooperative labor-management 
345.12  practices to the extent otherwise required by chapters 43A and 
345.13  179A; 
345.14     (6) report to the legislature on the performance of agency 
345.15  operations and the accomplishment of agency goals in the 
345.16  agency's biennial budget according to section 16A.10, 
345.17  subdivision 1; and 
345.18     (7) recommend to the legislature appropriate changes in law 
345.19  necessary to carry out the mission and improve the performance 
345.20  of the department. 
345.21     Sec. 6.  Minnesota Statutes 2002, section 116J.411, is 
345.22  amended by adding a subdivision to read: 
345.23     Subd. 2a.  [JOB ENHANCEMENT.] "Job enhancement" means:  
345.24     (1) an increase in wages, and an increase in the 
345.25  responsibility or skill level of job duties; or 
345.26     (2) the provision of additional training or education for 
345.27  employees in existing jobs.  
345.28     Sec. 7.  Minnesota Statutes 2002, section 116J.415, 
345.29  subdivision 1, is amended to read: 
345.30     Subdivision 1.  [ORGANIZATION.] The commissioner shall make 
345.31  challenge grants to regional organizations, for the purpose of 
345.32  providing financial assistance to encourage private investment, 
345.33  to provide jobs or job enhancement for low-income persons, and 
345.34  to promote economic development in the rural areas of the state. 
345.35     Sec. 8.  Minnesota Statutes 2002, section 116J.415, 
345.36  subdivision 2, is amended to read: 
346.1      Subd. 2.  [FUNDING REGIONS.] The commissioner shall divide 
346.2   the state outside of the metropolitan area as defined in section 
346.3   473.121, subdivision 2, into six regions.  A region's boundaries 
346.4   must be coterminous with the boundaries of one or more of the 
346.5   development regions established under section 462.385.  The 
346.6   commissioner shall designate up to $1,000,000 for each region, 
346.7   to be awarded over a period of three years allocate all funds 
346.8   remaining in each regional subaccount of the rural 
346.9   rehabilitation account, as established under section 166J.955, 
346.10  to each respective regional organization.  The money designated 
346.11  to each region must be used for revolving loans assistance 
346.12  authorized in this section.  
346.13     Sec. 9.  Minnesota Statutes 2002, section 116J.415, 
346.14  subdivision 4, is amended to read: 
346.15     Subd. 4.  [REVOLVING LOAN FUND.] A regional organization 
346.16  shall establish a commissioner certified revolving loan fund to 
346.17  provide loans to new and expanding businesses in rural Minnesota 
346.18  to promote economic development in rural Minnesota.  Eligible 
346.19  business enterprises include technologically innovative 
346.20  industries, value-added manufacturing, agriprocessing, 
346.21  information industries, and agricultural marketing.  Loan 
346.22  applications given preliminary approval by the organization must 
346.23  be forwarded to the commissioner for final approval.  The amount 
346.24  of state money allocated for each loan is appropriated from the 
346.25  rural rehabilitation account established in section 116J.955 to 
346.26  the organization's regional revolving loan fund when the 
346.27  commissioner gives final approval for each loan.  The amount of 
346.28  money appropriated from the rural rehabilitation account may not 
346.29  exceed 50 percent for each loan.  The amount of nonpublic money 
346.30  must equal at least 50 percent for each loan.  Funds may be used 
346.31  to provide loans, loan guarantees, interest buy-downs, and other 
346.32  forms of participation with private sources of financing, 
346.33  provided that the financial assistance must be for a principal 
346.34  amount that does not exceed one-half of the cost of the project 
346.35  for which financing is sought. 
346.36     Sec. 10.  Minnesota Statutes 2002, section 116J.415, 
347.1   subdivision 5, is amended to read: 
347.2      Subd. 5.  [LOAN ASSISTANCE CRITERIA.] The following 
347.3   criteria apply to loans made under Projects supported through 
347.4   the challenge grant program must be used principally to benefit 
347.5   low-income persons by:  
347.6      (1) loans must be made to businesses that are not likely to 
347.7   undertake a project for which loans are sought without 
347.8   assistance from the challenge grant program; 
347.9      (2) a loan must be used for a project designed principally 
347.10  to benefit low-income persons through the creation of job or 
347.11  business opportunities for them; 
347.12     (3) the minimum loan is $5,000 and the maximum is $200,000; 
347.13     (4) a loan may not exceed 50 percent of the total cost of 
347.14  an individual project; 
347.15     (5) a loan may not be used for a retail development 
347.16  project; and 
347.17     (6) a business applying for a loan, except a 
347.18  microenterprise loan under subdivision 6, must be sponsored by a 
347.19  resolution of the governing body of the local governmental unit 
347.20  within whose jurisdiction the project is located. 
347.21     (1) creating new jobs, job enhancement, or retaining 
347.22  existing jobs; 
347.23     (2) increasing the local tax base; 
347.24     (3) demonstrating that investment of public dollars induces 
347.25  private funds; 
347.26     (4) providing higher wage levels to the community or adding 
347.27  value to current workforce skills; 
347.28     (5) retaining existing business; or 
347.29     (6) attracting out-of-state business. 
347.30     Sec. 11.  Minnesota Statutes 2002, section 116J.415, 
347.31  subdivision 7, is amended to read: 
347.32     Subd. 7.  [REVOLVING FUND ADMINISTRATION.] (a) The 
347.33  commissioner shall establish a minimum interest rate for loans 
347.34  to ensure that necessary management costs are covered.  
347.35     (b) Loan Repayment amounts equal to one-half of the 
347.36  principal and interest must be deposited in the rural 
348.1   rehabilitation revolving fund for challenge grants to the region 
348.2   from which the money was originally designated.  The remaining 
348.3   amount of the loan repayment may must be deposited in the 
348.4   regional revolving loan fund for further distribution by the 
348.5   regional organization, consistent with the loan criteria 
348.6   specified in subdivisions 4 and 5. 
348.7      (c) The first $1,000,000 of revolving loans for each region 
348.8   must be matched by nonstate sources.  The matching requirement 
348.9   does not apply to loans made under paragraph (b). 
348.10     (d) Administrative expenses of each organization may be 
348.11  paid out of the interest earned on loans and on interest earned 
348.12  on money invested by the state board of investment under section 
348.13  116J.413, subdivision 2. 
348.14     Sec. 12.  Minnesota Statutes 2002, section 116J.415, 
348.15  subdivision 11, is amended to read: 
348.16     Subd. 11.  [REPORTING REQUIREMENTS.] An organization that 
348.17  receives a challenge grant shall: 
348.18     (1) submit an annual report to the commissioner by February 
348.19  15 of each August 30 for the preceding fiscal year that includes 
348.20  a description of projects supported by the challenge grant 
348.21  program, an account of loans made, written off, and fully paid 
348.22  during the calendar year, the source and amount of money 
348.23  collected and distributed by the challenge grant program 
348.24  regional revolving fund, and the program's assets and 
348.25  liabilities, and an explanation of administrative 
348.26  expenses funds' cash balance and loans receivable; and 
348.27     (2) provide for an independent annual audit to be performed 
348.28  in accordance with generally accepted accounting practices and 
348.29  auditing standards and submit a copy of each annual audit report 
348.30  to the commissioner. 
348.31     Sec. 13.  Minnesota Statutes 2002, section 116J.553, 
348.32  subdivision 2, is amended to read: 
348.33     Subd. 2.  [REQUIRED CONTENT.] (a) The commissioner shall 
348.34  prescribe and provide the application form.  The application 
348.35  must include at least the following information: 
348.36     (1) identification of the site; 
349.1      (2) an approved response action plan for the site, 
349.2   including the results of engineering and other tests showing the 
349.3   nature and extent of the release or threatened release of 
349.4   contaminants at the site; 
349.5      (3) a detailed estimate, along with necessary supporting 
349.6   evidence, of the total cleanup costs for the site; 
349.7      (4) an appraisal of the current market value of the 
349.8   property, separately taking into account the effect of the 
349.9   contaminants on the market value, prepared by a qualified 
349.10  independent appraiser licensed under chapter 82B using accepted 
349.11  appraisal methodology or, the estimated market value of the 
349.12  property for the latest year shown on the most recent valuation 
349.13  notice used under section 273.121; 
349.14     (5) an assessment of the development potential or likely 
349.15  use of the site after completion of the response action plan, 
349.16  including any specific commitments from third parties to 
349.17  construct improvements on the site; 
349.18     (6) the manner in which the municipality will meet the 
349.19  local match requirement; and 
349.20     (7) any additional information or material that the 
349.21  commissioner prescribes. 
349.22     (b) A response action plan is not required as a condition 
349.23  to receive a grant under section 116J.554, subdivision 1, 
349.24  paragraph (c). 
349.25     Sec. 14.  Minnesota Statutes 2002, section 116J.554, 
349.26  subdivision 2, is amended to read: 
349.27     Subd. 2.  [QUALIFYING SITES.] A site qualifies for a grant 
349.28  under this section, if the following criteria are met: 
349.29     (1) the site is not scheduled for funding during the 
349.30  current or next fiscal year under the Comprehensive 
349.31  Environmental Response, Compensation, and Liability Act, United 
349.32  States Code, title 42, section 9601, et seq. or under the 
349.33  Environmental Response, and Liability Act under sections 115B.01 
349.34  to 115B.24; 
349.35     (2) the appraised value of the site after adjusting for the 
349.36  effect on the value of the presence or possible presence of 
350.1   contaminants using accepted appraisal methodology, or the 
350.2   current market value of the site as issued under section 
350.3   273.121, separately taking into account the effect of the 
350.4   contaminants on the market value, (i) is less than 75 percent of 
350.5   the estimated project costs for the site or (ii) is less than or 
350.6   equal to the estimated cleanup costs for the site and the 
350.7   cleanup costs equal or exceed $3 per square foot for the site; 
350.8   and 
350.9      (3) if the proposed cleanup is completed, it is expected 
350.10  that the site will be improved with buildings or other 
350.11  improvements and these improvements will provide a substantial 
350.12  increase in the property tax base within a reasonable period of 
350.13  time or the site will be used for an important publicly owned or 
350.14  tax-exempt facility. 
350.15     Sec. 15.  Minnesota Statutes 2002, section 116J.64, 
350.16  subdivision 2, is amended to read: 
350.17     Subd. 2.  "Indian" means a person of one-quarter or more 
350.18  Indian blood and who is an enrolled member of a federally 
350.19  recognized Minnesota based band or tribe. 
350.20     Sec. 16.  Minnesota Statutes 2002, section 116J.8731, 
350.21  subdivision 1, is amended to read: 
350.22     Subdivision 1.  [PURPOSE.] The Minnesota investment fund is 
350.23  created to provide financial assistance, through partnership 
350.24  with communities, for the creation of new employment or to 
350.25  maintain existing employment, and for business start-up, 
350.26  expansions, and retention.  It shall accomplish these goals by 
350.27  the following means: 
350.28     (1) creation or retention of permanent private-sector jobs 
350.29  in order to create above-average economic growth consistent with 
350.30  environmental protection, which includes investments in 
350.31  technology and equipment that increase productivity and provide 
350.32  for a higher wage; 
350.33     (2) stimulation or leverage of private investment to ensure 
350.34  economic renewal and competitiveness; 
350.35     (3) increasing the local tax base, based on demonstrated 
350.36  measurable outcomes, to guarantee a diversified industry mix; 
351.1      (4) improving the quality of existing jobs, based on 
351.2   increases in wages or improvements in the job duties, training, 
351.3   or education associated with those jobs; 
351.4      (5) improvement of employment and economic opportunity for 
351.5   citizens in the region to create a reasonable standard of 
351.6   living, consistent with federal and state guidelines on low- to 
351.7   moderate-income persons; and 
351.8      (5) (6) stimulation of productivity growth through improved 
351.9   manufacturing or new technologies, including cold weather 
351.10  testing.  
351.11     Sec. 17.  Minnesota Statutes 2002, section 116J.8731, 
351.12  subdivision 4, is amended to read: 
351.13     Subd. 4.  [ELIGIBLE PROJECTS.] Assistance must be evaluated 
351.14  on the existence of the following conditions: 
351.15     (1) creation of new jobs or, retention of existing jobs, or 
351.16  improvements in the quality of existing jobs as measured by the 
351.17  wages, skills, or education associated with those jobs; 
351.18     (2) increase in the tax base; 
351.19     (3) the project can demonstrate that investment of public 
351.20  dollars induces private funds; 
351.21     (4) the project can demonstrate an excessive public 
351.22  infrastructure or improvement cost beyond the means of the 
351.23  affected community and private participants in the project; 
351.24     (5) the project provides higher wage levels to the 
351.25  community or will add value to current workforce skills; 
351.26     (6) whether assistance is necessary to retain existing 
351.27  business; and 
351.28     (7) whether assistance is necessary to attract out-of-state 
351.29  business.  
351.30     A grant or loan cannot be made based solely on a finding 
351.31  that the conditions in clause (6) or (7) exist.  A finding must 
351.32  be made that a condition in clause (1), (2), (3), (4), or (5) 
351.33  also exists. 
351.34     Applications recommended for funding shall be submitted to 
351.35  the commissioner. 
351.36     Sec. 18.  Minnesota Statutes 2002, section 116J.8731, 
352.1   subdivision 5, is amended to read: 
352.2      Subd. 5.  [GRANT LIMITS.] A Minnesota investment fund grant 
352.3   may not be approved for an amount in excess of 
352.4   $500,000 $1,000,000.  This limit covers all money paid to 
352.5   complete the same project, whether paid to one or more grant 
352.6   recipients and whether paid in one or more fiscal years.  The 
352.7   portion of a Minnesota investment fund grant that exceeds 
352.8   $100,000 must be repaid to the state when it is repaid to the 
352.9   local community or recognized Indian tribal government by the 
352.10  person or entity to which it was loaned by the local community 
352.11  or Indian tribal government.  Money repaid to the state must be 
352.12  credited to the general fund a Minnesota investment revolving 
352.13  loan account in the state treasury.  Funds in the account are 
352.14  appropriated to the commissioner and must be used in the same 
352.15  manner as are funds appropriated to the Minnesota investment 
352.16  fund.  Funds repaid to the state through existing Minnesota 
352.17  investment fund agreements must be credited to the Minnesota 
352.18  investment revolving loan account effective July 1, 2003.  A 
352.19  grant or loan may not be made to a person or entity for the 
352.20  operation or expansion of a casino or a store which is used 
352.21  solely or principally for retail sales.  Persons or entities 
352.22  receiving grants or loans must pay each employee total 
352.23  compensation, including benefits not mandated by law, that on an 
352.24  annualized basis is equal to at least 110 percent of the federal 
352.25  poverty level for a family of four. 
352.26     Sec. 19.  Minnesota Statutes 2002, section 116J.8731, 
352.27  subdivision 7, is amended to read: 
352.28     Subd. 7.  [CONTRACTUAL OBLIGATION.] A business receiving 
352.29  Minnesota investment fund grants must demonstrate why the grant 
352.30  is necessary for a project and enter into an agreement with the 
352.31  local grantor.  The agreement, among other things, must obligate 
352.32  the recipient to pay the minimum compensation set by this 
352.33  section and meet job creation or job enhancement goals.  A 
352.34  recipient that breaches the agreement must repay the grant 
352.35  directly to the commissioner.  Repayments under this subdivision 
352.36  must be deposited in the general fund Minnesota investment 
353.1   revolving loan account.  If the commissioner determines, during 
353.2   the repayment period of a Minnesota investment fund loan, that 
353.3   the project for which the loan was made is in imminent danger of 
353.4   ceasing operations due to financial difficulties, the 
353.5   commissioner may elect to delay loan payments due on the loan 
353.6   for a period of no more than two years.  In making a 
353.7   determination about whether a recipient qualifies for possible 
353.8   delay in payments, the commissioner must consider all available 
353.9   information regarding the health of the affected business and 
353.10  the industry in which it operates, the potential for 
353.11  displacement of workers in the event that operations cease, and 
353.12  the likelihood that a delay of payments will provide the 
353.13  business with a reasonable ability to improve its financial 
353.14  condition. 
353.15     Sec. 20.  [116J.8747] [JOB TRAINING PROGRAM GRANT.] 
353.16     Subdivision 1.  [GRANT ALLOWED.] The commissioner may 
353.17  provide a grant to a qualified job training program from money 
353.18  appropriated for the purposes of this section as follows: 
353.19     (1) a $9,000 placement grant paid to a job training program 
353.20  upon placement in employment of a qualified graduate of the 
353.21  program; and 
353.22     (2) a $9,000 retention grant paid to a job training program 
353.23  upon retention in employment of a qualified graduate of the 
353.24  program for at least one year. 
353.25     Subd. 2.  [QUALIFIED JOB TRAINING PROGRAM.] To qualify for 
353.26  grants under this section, a job training program must satisfy 
353.27  the following requirements: 
353.28     (1) the program must be operated by a nonprofit corporation 
353.29  that qualifies under section 501(c)(3) of the Internal Revenue 
353.30  Code; 
353.31     (2) the program must spend at least $15,000 per graduate of 
353.32  the program; 
353.33     (3) the program must provide education and training in: 
353.34     (i) basic skills, such as reading, writing, mathematics, 
353.35  and communications; 
353.36     (ii) thinking skills, such as reasoning, creative thinking, 
354.1   decision making, and problem solving; and 
354.2      (iii) personal qualities, such as responsibility, 
354.3   self-esteem, self-management, honesty, and integrity; 
354.4      (4) the program must provide income supplements, when 
354.5   needed, to participants for housing, counseling, tuition, and 
354.6   other basic needs; 
354.7      (5) the program's education and training course must last 
354.8   for at least six months; 
354.9      (6) individuals served by the program must: 
354.10     (i) be 18 years of age or older; 
354.11     (ii) have federal adjusted gross income of no more than 
354.12  $11,000 per year in the two years immediately before entering 
354.13  the program; 
354.14     (iii) have assets of no more than $7,000, excluding the 
354.15  value of a homestead; and 
354.16     (iv) not have been claimed as a dependent on the federal 
354.17  tax return of another person in the previous taxable year; and 
354.18     (7) the program must be certified by the commissioner of 
354.19  trade and economic development as meeting the requirements of 
354.20  this subdivision. 
354.21     Subd. 3.  [GRADUATION AND RETENTION GRANT 
354.22  REQUIREMENTS.] For purposes of a placement grant under this 
354.23  section, a qualified graduate is a graduate of a job training 
354.24  program qualifying under subdivision 2 who is placed in a job in 
354.25  Minnesota that pays at least $9 per hour or its equivalent plus 
354.26  health care benefits.  To qualify for a retention grant under 
354.27  this section for a retention fee, a job in which the graduate is 
354.28  retained must pay at least $10 per hour or its equivalent plus 
354.29  health care benefits at the end of the first year of employment. 
354.30     Subd. 4.  [DUTIES OF PROGRAM.] (a) A program certified by 
354.31  the commissioner under subdivision 2 must comply with the 
354.32  requirements of this subdivision. 
354.33     (b) A program must maintain records for each qualified 
354.34  graduate.  The records must include information sufficient to 
354.35  verify the graduate's eligibility under this section, identify 
354.36  the employer, and describe the job including its compensation 
355.1   rate and benefits. 
355.2      (c) A program must report by January 1 of each year to the 
355.3   commissioner.  The report must include, at least, information on:
355.4      (1) the number of graduates placed; 
355.5      (2) demographic information on the graduates; 
355.6      (3) the type of position in which each graduate is placed, 
355.7   including compensation information; 
355.8      (4) the tenure of each graduate at the placed position or 
355.9   in other jobs; 
355.10     (5) the amount of employer fees paid to the program; 
355.11     (6) the amount of money raised by the program from other 
355.12  sources; and 
355.13     (7) the types and sizes of employers with which graduates 
355.14  have been placed and retained. 
355.15     Sec. 21.  Minnesota Statutes 2002, section 116J.8764, is 
355.16  amended by adding a subdivision to read: 
355.17     Subd. 2a.  [ENROLLMENT OF LOANS WITHOUT COMMISSIONER'S FULL 
355.18  PREMIUM PAYMENT.] The commissioner may continue to accept loans 
355.19  for enrollment into the program even if the amount of funds 
355.20  contained in the account is zero or an amount less than the full 
355.21  amount that is required to be transferred under section 
355.22  116J.8765, subdivision 2, paragraph (a), (b), or (c).  
355.23     Sec. 22.  Minnesota Statutes 2002, section 116J.955, 
355.24  subdivision 2, is amended to read: 
355.25     Subd. 2.  [EXPENDITURE OF ACCOUNT.] The commissioner may 
355.26  use the rural rehabilitation account for the purposes that are 
355.27  allowed under the Minnesota rural rehabilitation corporation's 
355.28  charter and agreement with, as may be amended or modified by, 
355.29  the United States Secretary of Agriculture as provided in Public 
355.30  Law Number 499, 81st Congress, enacted May 3, 1950 and as 
355.31  allowed under Laws 1987, chapter 386, article 1.  Not more than 
355.32  three percent of the combined book value of the Minnesota rural 
355.33  rehabilitation corporation's assets account and the regional 
355.34  revolving funds may be used for administrative purposes in a 
355.35  year without approval of the United States Secretary of 
355.36  Agriculture.  Any funds used for administrative purposes may 
356.1   only be drawn from money remaining in the Minnesota rural 
356.2   rehabilitation account.  
356.3      Sec. 23.  Minnesota Statutes 2002, section 116J.966, 
356.4   subdivision 2, is amended to read: 
356.5      Subd. 2.  [AGRICULTURAL PROMOTION.] The commissioner of 
356.6   agriculture, and the commissioner of trade and economic 
356.7   development, and the director of the Minnesota trade division 
356.8   shall cooperate with each other to promote the beneficial 
356.9   agricultural interests of the state.  The commissioner of trade 
356.10  and economic development and the director of the Minnesota trade 
356.11  division have agriculture has primary responsibility for 
356.12  promoting state agricultural interests to international 
356.13  markets.  The commissioner of trade and economic development and 
356.14  the director of the Minnesota trade division are agriculture is 
356.15  also responsible for the promotion of national trade programs 
356.16  related to international marketing.  The commissioner of 
356.17  agriculture has primary responsibility for promoting the 
356.18  agriculture interests of producers, promoting state agricultural 
356.19  markets, and promoting agricultural interests of the state in 
356.20  cooperative production and marketing efforts with other states 
356.21  and the United States Department of Agriculture.  The 
356.22  commissioner of agriculture is also responsible for promoting 
356.23  the national and international marketing of state agricultural 
356.24  products. 
356.25     Sec. 24.  Minnesota Statutes 2002, section 116J.994, 
356.26  subdivision 4, is amended to read: 
356.27     Subd. 4.  [WAGE AND JOB GOALS.] The subsidy agreement, in 
356.28  addition to any other goals, must include:  (1) goals for the 
356.29  number of jobs created, which may include separate goals for the 
356.30  number of part-time or full-time jobs, or, in cases where job 
356.31  loss is specific and demonstrable, goals for the number of jobs 
356.32  retained; and (2) wage goals for the any jobs created or 
356.33  retained; and (3) wage goals for any jobs to be enhanced through 
356.34  increased wages.  After a public hearing, if the creation or 
356.35  retention of jobs is determined not to be a goal, the wage and 
356.36  job goals may be set at zero. 
357.1      In addition to other specific goal time frames, the wage 
357.2   and job goals must contain specific goals to be attained within 
357.3   two years of the benefit date. 
357.4      Sec. 25.  Minnesota Statutes 2002, section 116J.994, 
357.5   subdivision 9, is amended to read: 
357.6      Subd. 9.  [COMPILATION AND SUMMARY REPORT.] The department 
357.7   of trade and economic development must publish a compilation and 
357.8   summary of the results of the reports for the previous calendar 
357.9   year by August 1 of each year 2004 and every other year 
357.10  thereafter.  The reports of the government agencies to the 
357.11  department and the compilation and summary report of the 
357.12  department must be made available to the public. 
357.13     The commissioner must coordinate the production of reports 
357.14  so that useful comparisons across time periods and across 
357.15  grantors can be made.  The commissioner may add other 
357.16  information to the report as the commissioner deems necessary to 
357.17  evaluate business subsidies.  Among the information in the 
357.18  summary and compilation report, the commissioner must include: 
357.19     (1) total amount of subsidies awarded in each development 
357.20  region of the state; 
357.21     (2) distribution of business subsidy amounts by size of the 
357.22  business subsidy; 
357.23     (3) distribution of business subsidy amounts by time 
357.24  category; 
357.25     (4) distribution of subsidies by type and by public 
357.26  purpose; 
357.27     (5) percent of all business subsidies that reached their 
357.28  goals; 
357.29     (6) percent of business subsidies that did not reach their 
357.30  goals by two years from the benefit date; 
357.31     (7) total dollar amount of business subsidies that did not 
357.32  meet their goals after two years from the benefit date; 
357.33     (8) percent of subsidies that did not meet their goals and 
357.34  that did not receive repayment; 
357.35     (9) list of recipients that have failed to meet the terms 
357.36  of a subsidy agreement in the past five years and have not 
358.1   satisfied their repayment obligations; 
358.2      (10) number of part-time and full-time jobs within separate 
358.3   bands of wages; and 
358.4      (11) benefits paid within separate bands of wages.  
358.5      Sec. 26.  Minnesota Statutes 2002, section 116J.994, 
358.6   subdivision 10, is amended to read: 
358.7      Subd. 10.  [COMPILATION.] The department of trade and 
358.8   economic development must publish a compilation of granting 
358.9   agencies' criteria policies adopted in the previous two calendar 
358.10  year years by August 1 of each year 2004 and every other year 
358.11  thereafter. 
358.12     Sec. 27.  Minnesota Statutes 2002, section 116J.995, is 
358.13  amended to read: 
358.14     116J.995 [ECONOMIC GRANTS.] 
358.15     An appropriation rider in an appropriation to the 
358.16  department of trade and economic development that specifies that 
358.17  the appropriation be granted to a particular business or class 
358.18  of businesses must contain a statement of the expected benefits 
358.19  associated with the grant.  At a minimum, the statement must 
358.20  include goals for the number of jobs created or enhanced, wages 
358.21  paid, and the tax revenue increases due to the grant.  The wage 
358.22  and job goals must contain specific goals to be attained within 
358.23  two years of the benefit date.  The statement must specify the 
358.24  recipient's obligation if the recipient does not attain the 
358.25  goals.  At a minimum, the statement must require a recipient 
358.26  failing to meet the job and wage goals to pay back the 
358.27  assistance plus interest to the department of trade and economic 
358.28  development provided that repayment may be prorated to reflect 
358.29  partial fulfillment of goals.  The interest rate must be set at 
358.30  no less than the implicit price deflator as defined under 
358.31  section 116J.994, subdivision 6.  The legislature, after a 
358.32  public hearing, may extend for up to one year the period for 
358.33  meeting the goals provided in the statement. 
358.34     Sec. 28.  Minnesota Statutes 2002, section 116L.02, is 
358.35  amended to read: 
358.36     116L.02 [JOB SKILLS PARTNERSHIP PROGRAM.] 
359.1      (a) The Minnesota job skills partnership program is created 
359.2   to act as a catalyst to bring together employers with specific 
359.3   training needs with educational or other nonprofit institutions 
359.4   which can design programs to fill those needs.  The partnership 
359.5   shall work closely with employers to prepare, train and place 
359.6   prospective or incumbent workers in identifiable positions as 
359.7   well as assisting educational or other nonprofit institutions in 
359.8   developing training programs that coincide with current and 
359.9   future employer requirements.  The partnership shall provide 
359.10  grants to educational or other nonprofit institutions for the 
359.11  purpose of training workers.  A participating business must 
359.12  match the grant-in-aid made by the Minnesota job skills 
359.13  partnership.  The match may be in the form of funding, 
359.14  equipment, or faculty. 
359.15     (b) The partnership program shall administer the health 
359.16  care and human services worker training and retention program 
359.17  under sections 116L.10 to 116L.15. 
359.18     (c) The partnership program is authorized to use funds to 
359.19  pay for training for individuals who have incomes at or below 
359.20  200 percent of the federal poverty line.  The board may grant 
359.21  funds to eligible recipients to pay for board-certified training.
359.22  Eligible recipients of grants may include public, private, or 
359.23  nonprofit entities that provide employment services to 
359.24  low-income individuals. 
359.25     Sec. 29.  Minnesota Statutes 2002, section 116L.04, 
359.26  subdivision 1, is amended to read: 
359.27     Subdivision 1.  [PARTNERSHIP PROGRAM.] (a) The partnership 
359.28  program may provide grants-in-aid to educational or other 
359.29  nonprofit educational institutions using the following 
359.30  guidelines:  
359.31     (1) the educational or other nonprofit educational 
359.32  institution is a provider of training within the state in either 
359.33  the public or private sector; 
359.34     (2) the program involves skills training that is an area of 
359.35  employment need; and 
359.36     (3) preference will be given to educational or other 
360.1   nonprofit training institutions which serve economically 
360.2   disadvantaged people, minorities, or those who are victims of 
360.3   economic dislocation and to businesses located in rural areas.  
360.4      (b) A single grant to any one institution shall not exceed 
360.5   $400,000.  Up to 25 percent of a grant may be used for 
360.6   preemployment training. 
360.7      Sec. 30.  Minnesota Statutes 2002, section 116L.04, 
360.8   subdivision 1a, is amended to read: 
360.9      Subd. 1a.  [PATHWAYS PROGRAM.] The pathways program may 
360.10  provide grants-in-aid for developing programs which assist in 
360.11  the transition of persons from welfare to work and assist 
360.12  individuals at or below 200 percent of the federal poverty 
360.13  guidelines.  The program is to be operated by the board.  The 
360.14  board shall consult and coordinate with program administrators 
360.15  at the department of economic security to design and provide 
360.16  services for temporary assistance for needy families recipients. 
360.17     Pathways grants-in-aid may be awarded to educational or 
360.18  other nonprofit training institutions for education and training 
360.19  programs and services supporting education and training programs 
360.20  that serve eligible recipients. 
360.21     Preference shall be given to projects that: 
360.22     (1) provide employment with benefits paid to employees; 
360.23     (2) provide employment where there are defined career paths 
360.24  for trainees; 
360.25     (3) pilot the development of an educational pathway that 
360.26  can be used on a continuing basis for transitioning persons from 
360.27  welfare to work; and 
360.28     (4) demonstrate the active participation of department of 
360.29  economic security workforce centers, Minnesota state college and 
360.30  university institutions and other educational institutions, and 
360.31  local welfare agencies. 
360.32     Pathways projects must demonstrate the active involvement 
360.33  and financial commitment of private business.  Pathways projects 
360.34  must be matched with cash or in-kind contributions on at least a 
360.35  one-to-one ratio by participating private business. 
360.36     A single grant to any one institution shall not exceed 
361.1   $400,000.  Up to 25 percent of a grant may be used for 
361.2   preemployment training.  
361.3      The board shall annually, by March 31, report to the 
361.4   commissioners of economic security and trade and economic 
361.5   development on pathways programs, including the number of 
361.6   recipients participating in the program, the number of 
361.7   participants placed in employment, the salary and benefits they 
361.8   receive, and the state program costs per participant. 
361.9      Sec. 31.  Minnesota Statutes 2002, section 116L.12, 
361.10  subdivision 4, is amended to read: 
361.11     Subd. 4.  [GRANTS.] Within the limits of available 
361.12  appropriations, the board shall make grants not to exceed 
361.13  $400,000 each to qualifying consortia to operate local, 
361.14  regional, or statewide training and retention programs.  Grants 
361.15  may be made from TANF funds, general fund appropriations, and 
361.16  any other funding sources available to the board, provided the 
361.17  requirements of those funding sources are satisfied.  Up to 25 
361.18  percent of a grant may be used for preemployment training.  
361.19  Grant awards must establish specific, measurable outcomes and 
361.20  timelines for achieving those outcomes.  
361.21     Sec. 32.  Minnesota Statutes 2002, section 116L.17, 
361.22  subdivision 2, is amended to read: 
361.23     Subd. 2.  [GRANTS.] The board shall make grants to 
361.24  workforce service areas or other eligible organizations to 
361.25  provide services to dislocated workers.  The board shall 
361.26  allocate funds available for the purposes of this section in its 
361.27  discretion to respond to large layoffs.  The board shall 
361.28  regularly allocate funds to provide services to individual 
361.29  dislocated workers or small groups.  The allocation for this 
361.30  purpose must be no less than at least 35 percent and no more 
361.31  than 50 percent of the projected actual collections, including 
361.32  penalty and interest accounts, interest, and other earnings of 
361.33  the workforce development fund during the period for which the 
361.34  allocation is made, less any collection costs paid out of the 
361.35  fund and any amounts appropriated by the legislature from the 
361.36  workforce development fund for programs other than the state 
362.1   dislocated worker program.  The board shall consider the need 
362.2   for services to individual workers and workers in small layoffs 
362.3   in comparison to those in large layoffs relative to the needs in 
362.4   previous years when making this allocation.  The board may, in 
362.5   its discretion, allocate funds carried forward from previous 
362.6   years under subdivision 9 for large, small, or individual 
362.7   layoffs. 
362.8      Sec. 33.  Minnesota Statutes 2002, section 116L.17, 
362.9   subdivision 3, is amended to read: 
362.10     Subd. 3.  [ALLOCATION OF FUNDS.] The board, in consultation 
362.11  with local workforce councils and local elected officials, shall 
362.12  develop a method of distributing funds to provide services for 
362.13  dislocated workers who are dislocated as a result of small or 
362.14  individual layoffs.  The board shall consider current requests 
362.15  for services and the likelihood of future layoffs when making 
362.16  this allocation.  The board shall consider factors for 
362.17  determining the allocation amounts that include, but are not 
362.18  limited to, the previous year's obligations and projected 
362.19  layoffs.  After the first quarter of the program year, the board 
362.20  shall evaluate the obligations by workforce service areas for 
362.21  the purpose of reallocating funds to workforce service areas 
362.22  with increased demand for services.  Periodically throughout the 
362.23  program year, the board shall consider making additional 
362.24  allocations to the workforce service areas with a demonstrated 
362.25  need for increased funding.  The board shall make an initial 
362.26  determination regarding allocations under this subdivision by 
362.27  July 15, 2001, and in subsequent years shall make a 
362.28  determination by April June 15. 
362.29     Sec. 34.  Minnesota Statutes 2002, section 116L.17, 
362.30  subdivision 8, is amended to read: 
362.31     Subd. 8.  [ADMINISTRATIVE COSTS.] No more than three five 
362.32  percent of the funds appropriated to the board for the purposes 
362.33  of this section may be spent by the board for its administrative 
362.34  costs. 
362.35     Sec. 35.  Minnesota Statutes 2002, section 116L.17, is 
362.36  amended by adding a subdivision to read: 
363.1      Subd. 9.  [RAPID RESPONSE ACTIVITIES.] The commissioner, in 
363.2   cooperation with local workforce councils, shall be responsible 
363.3   for implementing the following rapid response activities: 
363.4      (1) establishing on-site contact with employer and employee 
363.5   representatives within a short period of time after becoming 
363.6   aware of a current or projected plant closing or substantial 
363.7   layoff in order to: 
363.8      (i) provide information on and facilitate access to 
363.9   available public programs and services; and 
363.10     (ii) provide emergency assistance adapted to the particular 
363.11  closure or layoff; 
363.12     (2) promoting the formation of a employee-management 
363.13  committee by providing: 
363.14     (i) immediate assistance in the establishment of the 
363.15  employee-management committee; 
363.16     (ii) technical advice and information on sources of 
363.17  assistance and liaison with other public and private services 
363.18  and programs; and 
363.19     (iii) assistance in the selection of worker representatives 
363.20  in the event no union is present; 
363.21     (3) collecting and disseminating information related to 
363.22  economic dislocation, including potential closings or layoffs, 
363.23  and all available resources with the state for dislocated 
363.24  workers; 
363.25     (4) providing or obtaining appropriate financial and 
363.26  technical advice and liaison with economic development agencies 
363.27  and other organizations to assist in efforts to avert 
363.28  dislocation; 
363.29     (5) disseminating information throughout the state on the 
363.30  availability of services and activities carried out by the 
363.31  dislocated worker unit; and 
363.32     (6) assisting the local workforce council in developing its 
363.33  own coordinated response to a plant closing or substantial 
363.34  layoff and access to state economic development assistance. 
363.35     Sec. 36.  Minnesota Statutes 2002, section 116M.14, 
363.36  subdivision 4, is amended to read: 
364.1      Subd. 4.  [LOW-INCOME AREA.] "Low-income area" means 
364.2   Minneapolis, St. Paul, and those cities in the metropolitan area 
364.3   as defined in section 473.121, subdivision 2, that have an 
364.4   average income that is below 60 80 percent of the median income 
364.5   for a four-person family as of the latest report by the United 
364.6   States Census Bureau. 
364.7      Sec. 37.  [SUSPENSION OF MORTGAGE CREDIT CERTIFICATE AID.] 
364.8      Notwithstanding Minnesota Statutes, section 462C.15, during 
364.9   the fiscal years 2004 and 2005, no applications or reports shall 
364.10  be made pursuant to subdivision 1 of that section, no aid shall 
364.11  be provided pursuant to subdivision 3 of that section, and no 
364.12  money is appropriated pursuant to subdivision 4 of that section. 
364.13     Sec. 38.  [WORKFORCE SERVICE AREA STUDY.] 
364.14     The governor's workforce development council, in 
364.15  consultation with representatives of the local workforce 
364.16  councils and local elected officials, shall study the current 
364.17  configuration of workforce services areas in Minnesota and 
364.18  whether the efficiency or quality of service delivery could be 
364.19  improved by changing the boundaries of the workforce service 
364.20  areas or reducing the number of areas.  As part of this study, 
364.21  the council shall develop recommendations for clarifying the 
364.22  governance role of the local workforce councils and strategies 
364.23  for improving the ability of the local workforce councils and 
364.24  local elected officials to oversee and manage an integrated 
364.25  service delivery system at the community level.  Before 
364.26  redesignating any workforce service area, the governor must seek 
364.27  the advice of the local elected officials from the affected 
364.28  workforce services areas.  The council shall report to the 
364.29  legislative committees with jurisdiction over workforce 
364.30  development by January 15, 2004. 
364.31     Sec. 39.  [DISLOCATED WORKER PROGRAM STUDY.] 
364.32     The governor's workforce development council, in 
364.33  consultation with representatives of the local workforce 
364.34  councils, certified providers, including independent grantees, 
364.35  and local elected officials, shall develop recommendations for 
364.36  legislative changes that would improve the efficiency of the 
365.1   dislocated worker program. 
365.2      The governor's workforce development council shall report 
365.3   the recommendations to the legislative committees with 
365.4   jurisdiction over workforce development programs by January 15, 
365.5   2004. 
365.6      Sec. 40.  [REPEALER.] 
365.7      Minnesota Statutes 2002, sections 13.598, subdivision 2; 
365.8   17.03, subdivision 8; 116J.411, subdivision 3; 116J.415, 
365.9   subdivisions 6, 9, and 10; 116J.617, subdivisions 5 and 6; 
365.10  116J.693; and 116J.9665, are repealed. 
365.11                             ARTICLE 14
365.12                  MOTOR VEHICLE INSTALLMENT SALES
365.13     Section 1.  Minnesota Statutes 2002, section 47.59, 
365.14  subdivision 4a, is amended to read: 
365.15     Subd. 4a.  [FINANCE CHARGE FOR MOTOR VEHICLE RETAIL 
365.16  INSTALLMENT SALES.] A retail installment contract evidencing the 
365.17  retail installment sale of a motor vehicle as defined in section 
365.18  168.66 is subject to the finance charge limitations in 
365.19  paragraphs (a) and (b). 
365.20     (a) The finance charge authorized by this subdivision in a 
365.21  retail installment sale may not exceed the following annual 
365.22  percentage rates applied to the principal balance determined in 
365.23  the same manner as in section 168.71, subdivision 2, clause (5): 
365.24     (1) Class 1.  A motor vehicle designated by the 
365.25  manufacturer by a year model of the same or not more than one 
365.26  year before the year in which the sale is made, 18 percent per 
365.27  year. 
365.28     (2) Class 2.  A motor vehicle designated by the 
365.29  manufacturer by a year model of two to three years before the 
365.30  year in which the sale is made, 19.75 percent per year. 
365.31     (3) Class 3.  Any motor vehicle not in Class 1 or Class 2, 
365.32  23.25 percent per year. 
365.33     (b) A sale of a manufactured home made after July 31, 1983, 
365.34  is governed by this subdivision for purposes of determining the 
365.35  lawful finance charge rate, except that the maximum finance 
365.36  charge for a Class 1 manufactured home may not exceed 14.5 
366.1   percent per year.  A retail installment sale of a manufactured 
366.2   home that imposes a finance charge that is greater than the rate 
366.3   permitted by this subdivision is lawful and enforceable in 
366.4   accordance with its terms until the indebtedness is fully 
366.5   satisfied if the rate was lawful when the sale was made. 
366.6      Sec. 2.  Minnesota Statutes 2002, section 168.66, 
366.7   subdivision 14, is amended to read: 
366.8      Subd. 14.  [CASH SALE PRICE.] "Cash sale price" means the 
366.9   price at which the seller would in good faith sell to the buyer, 
366.10  and the buyer would in good faith buy from the seller, the motor 
366.11  vehicle which is the subject matter of the retail installment 
366.12  contract, if such sale were a sale for cash, instead of a retail 
366.13  installment sale.  The cash sale price may include any taxes, 
366.14  charges for delivery, servicing, repairing or improving the 
366.15  motor vehicle, including accessories and their installation, and 
366.16  any other charges agreed upon between the parties.  The cash 
366.17  price may not include a documentary fee or document 
366.18  administration fee in excess of $25 $50 for services actually 
366.19  rendered to, for, or on behalf of, the retail buyer in 
366.20  preparing, handling, and processing documents relating to the 
366.21  motor vehicle and the closing of the retail sale. 
366.22     Sec. 3.  Minnesota Statutes 2002, section 168.71, 
366.23  subdivision 2, is amended to read: 
366.24     Subd. 2.  [CONTENTS.] The retail installment contract shall 
366.25  contain the following items: 
366.26     (1) the cash sale price of the motor vehicle which is the 
366.27  subject matter of the retail installment contract; 
366.28     (2) the total amount of the retail buyer's down payment, 
366.29  whether made in money or goods, or partly in money or partly in 
366.30  goods; 
366.31     (3) the difference between clauses (1) and (2); 
366.32     (4) the charge amount, if any, included in the transaction 
366.33  but not included in clause (1) to pay the balance of an existing 
366.34  purchase money motor vehicle lien which exceeds the value of the 
366.35  trade-in amount, or to discharge an interest in an existing 
366.36  motor vehicle lease, for any insurance and other benefits not 
367.1   included in clause (1), specifying the types of coverage and, 
367.2   taxes, fees, and charges that actually are or will be paid to 
367.3   public officials or government agencies, including those for 
367.4   perfecting, releasing, or satisfying a security interest if such 
367.5   taxes, fees, or charges are not included in clause (1), and any 
367.6   other amount to be financed that is related to the transaction; 
367.7      (5) principal balance, which is the sum of clauses (3) and 
367.8   (4); 
367.9      (6) the amount of the finance charge; 
367.10     (7) the total of payments payable by the retail buyer to 
367.11  the retail seller and the number of installment payments 
367.12  required and the amount of each installment expressed in dollars 
367.13  or percentages, and date of each payment necessary finally to 
367.14  pay the total of payments which is the sum of clauses (5) and 
367.15  (6). 
367.16  Provided, however, that said clauses (1) to (7) inclusive need 
367.17  not be stated in the terms, sequence, or order set forth above.  
367.18  Provided further, that clauses (6) and (7) may be disclosed on 
367.19  the assumption that all scheduled payments under the contract 
367.20  will be made when due. 
367.21  In lieu of the above clauses, the retail seller may give the 
367.22  retail buyer disclosures which satisfy the requirements of the 
367.23  Federal Truth-In-Lending Act in effect as of the time of the 
367.24  contract, notwithstanding whether or not that act applies to the 
367.25  transaction. 
367.26     Sec. 4.  Minnesota Statutes 2002, section 168.75, is 
367.27  amended to read: 
367.28     168.75 [VEHICLE SALES FINANCE COMPANY VIOLATIONS; 
367.29  REMEDIES.] 
367.30     (a) [CRIMINAL VIOLATIONS.] Any person engaged in the 
367.31  business of a sales finance company in this state without a 
367.32  license therefor as provided in sections 168.66 to 168.77 shall 
367.33  be guilty of a gross misdemeanor and punished by a fine not 
367.34  exceeding $3,000, or by imprisonment for a period not to exceed 
367.35  one year, or by both such fine and imprisonment in the 
367.36  discretion of the court.  
368.1      (b) In case of an intentional failure to comply with a 
368.2   fraudulent violation of any provision of sections 168.66 to 
368.3   168.77, the buyer shall have a right to recover from the person 
368.4   committing such violation, to set off or counterclaim in any 
368.5   action by such person to enforce such contract an amount as 
368.6   liquidated damages, the whole of the contract due and payable, 
368.7   plus reasonable attorneys' fees.  
368.8      (c) In case of a failure to comply with any provision of 
368.9   sections 168.66 to 168.77, other than an intentional failure a 
368.10  fraudulent violation, the buyer shall have a right to recover 
368.11  from the person committing such violation, to set off or 
368.12  counterclaim in any action by such person to enforce such 
368.13  contract an amount as liquidated damages equal to three times 
368.14  the amount of any time price differential charged in excess of 
368.15  the amount authorized by sections 168.66 to 168.77 or $50, 
368.16  whichever is greater, plus reasonable attorneys' fees.  
368.17     Sec. 5.  [EFFECTIVE DATE.] 
368.18     Sections 1 to 3 are effective the day following final 
368.19  enactment.  Section 4 is effective August 1, 2003, and applies 
368.20  to all installment sales contracts entered into on or after that 
368.21  date. 
368.22                             ARTICLE 15
368.23                           MISCELLANEOUS
368.24     Section 1.  Minnesota Statutes 2002, section 13.462, 
368.25  subdivision 2, is amended to read: 
368.26     Subd. 2.  [PUBLIC DATA.] The names and addresses of 
368.27  applicants for and recipients of benefits, aid, or assistance 
368.28  through programs administered by any political subdivision, 
368.29  state agency, or statewide system that are intended to assist 
368.30  with the purchase of, rehabilitation, or other purposes related 
368.31  to housing or other real property are classified as public data 
368.32  on individuals.  If an applicant or recipient is a corporation, 
368.33  the names and addresses of the officers of the corporation are 
368.34  public data on individuals.  If an applicant or recipient is a 
368.35  partnership, the names and addresses of the partners are public 
368.36  data on individuals.  The amount or value of benefits, aid, or 
369.1   assistance received is public data. 
369.2      Sec. 2.  Minnesota Statutes 2002, section 43A.24, 
369.3   subdivision 2, is amended to read: 
369.4      Subd. 2.  [OTHER ELIGIBLE PERSONS.] The following persons 
369.5   are eligible for state paid life insurance and hospital, 
369.6   medical, and dental benefits as determined in applicable 
369.7   collective bargaining agreements or by the commissioner or by 
369.8   plans pursuant to section 43A.18, subdivision 6, or by the board 
369.9   of regents for employees of the University of Minnesota not 
369.10  covered by collective bargaining agreements.  Coverages made 
369.11  available, including optional coverages, are as contained in the 
369.12  plan established pursuant to section 43A.18, subdivision 2: 
369.13     (a) a member of the state legislature, provided that 
369.14  changes in benefits resulting in increased costs to the state 
369.15  shall not be effective until expiration of the term of the 
369.16  members of the existing house of representatives.  An eligible 
369.17  member of the state legislature may decline to be enrolled for 
369.18  state paid coverages by filing a written waiver with the 
369.19  commissioner.  The waiver shall not prohibit the member from 
369.20  enrolling the member or dependents for optional coverages, 
369.21  without cost to the state, as provided for in section 43A.26.  A 
369.22  member of the state legislature who returns from a leave of 
369.23  absence to a position previously occupied in the civil service 
369.24  shall be eligible to receive the life insurance and hospital, 
369.25  medical, and dental benefits to which the position is entitled; 
369.26     (b) an employee of the legislature or an employee of a 
369.27  permanent study or interim committee or commission or a state 
369.28  employee on leave of absence to work for the legislature, during 
369.29  a regular or special legislative session, as determined by the 
369.30  legislative coordinating commission; 
369.31     (c) a judge of the appellate courts or an officer or 
369.32  employee of these courts; a judge of the district court, a judge 
369.33  of county court, or a judge of county municipal court; a 
369.34  district court referee, judicial officer, court reporter, or law 
369.35  clerk; a district administrator; an employee of the office of 
369.36  the district administrator that is not in the second or fourth 
370.1   judicial district; a court administrator or employee of the 
370.2   court administrator in a judicial district under section 
370.3   480.181, subdivision 1, paragraph (b), and a guardian ad litem 
370.4   program employee; 
370.5      (d) a salaried employee of the public employees retirement 
370.6   association; 
370.7      (e) a full-time military or civilian officer or employee in 
370.8   the unclassified service of the department of military affairs 
370.9   whose salary is paid from state funds; 
370.10     (f) a salaried employee of the Minnesota historical 
370.11  society, whether paid from state funds or otherwise, who is not 
370.12  a member of the governing board; 
370.13     (g) an employee of the regents of the University of 
370.14  Minnesota; 
370.15     (h) notwithstanding section 43A.27, subdivision 3, an 
370.16  employee of the state of Minnesota or the regents of the 
370.17  University of Minnesota who is at least 60 and not yet 65 years 
370.18  of age on July 1, 1982, who is otherwise eligible for employee 
370.19  and dependent insurance and benefits pursuant to section 43A.18 
370.20  or other law, who has at least 20 years of service and retires, 
370.21  earlier than required, within 60 days of March 23, 1982; or an 
370.22  employee who is at least 60 and not yet 65 years of age on July 
370.23  1, 1982, who has at least 20 years of state service and retires, 
370.24  earlier than required, from employment at Rochester state 
370.25  hospital after July 1, 1981; or an employee who is at least 55 
370.26  and not yet 65 years of age on July 1, 1982, and is covered by 
370.27  the Minnesota state retirement system correctional employee 
370.28  retirement plan or the state patrol retirement fund, who has at 
370.29  least 20 years of state service and retires, earlier than 
370.30  required, within 60 days of March 23, 1982.  For purposes of 
370.31  this clause, a person retires when the person terminates active 
370.32  employment in state or University of Minnesota service and 
370.33  applies for a retirement annuity.  Eligibility shall cease when 
370.34  the retired employee attains the age of 65, or when the employee 
370.35  chooses not to receive the annuity that the employee has applied 
370.36  for.  The retired employee shall be eligible for coverages to 
371.1   which the employee was entitled at the time of retirement, 
371.2   subject to any changes in coverage through collective bargaining 
371.3   or plans established pursuant to section 43A.18, for employees 
371.4   in positions equivalent to that from which retired, provided 
371.5   that the retired employee shall not be eligible for state-paid 
371.6   life insurance.  Coverages shall be coordinated with relevant 
371.7   health insurance benefits provided through the federally 
371.8   sponsored Medicare program; 
371.9      (i) an employee of an agency of the state of Minnesota 
371.10  identified through the process provided in this paragraph who is 
371.11  eligible to retire prior to age 65.  The commissioner and the 
371.12  exclusive representative of state employees shall enter into 
371.13  agreements under section 179A.22 to identify employees whose 
371.14  positions are in programs that are being permanently eliminated 
371.15  or reduced due to federal or state policies or practices.  
371.16  Failure to reach agreement identifying these employees is not 
371.17  subject to impasse procedures provided in chapter 179A.  The 
371.18  commissioner must prepare a plan identifying eligible employees 
371.19  not covered by a collective bargaining agreement in accordance 
371.20  with the process outlined in section 43A.18, subdivisions 2 and 
371.21  3.  For purposes of this paragraph, a person retires when the 
371.22  person terminates active employment in state service and applies 
371.23  for a retirement annuity.  Eligibility ends as provided in the 
371.24  agreement or plan, but must cease at the end of the month in 
371.25  which the retired employee chooses not to receive an annuity, or 
371.26  the employee is eligible for employer-paid health insurance from 
371.27  a new employer.  The retired employees shall be eligible for 
371.28  coverages to which they were entitled at the time of retirement, 
371.29  subject to any changes in coverage through collective bargaining 
371.30  or plans established under section 43A.18 for employees in 
371.31  positions equivalent to that from which they retired, provided 
371.32  that the retired employees shall not be eligible for state-paid 
371.33  life insurance; 
371.34     (j) employees of the state board of public defense, with 
371.35  eligibility determined by the state board of public defense in 
371.36  consultation with the commissioner of employee relations; and 
372.1      (k) employees of the health data institute under section 
372.2   62J.451, subdivision 12, as paid for by the health data 
372.3   institute; and 
372.4      (l) employees of supporting organizations of Minnesota 
372.5   Technology, Inc., established after July 1, 2003, under section 
372.6   116O.05, subdivision 4, as paid for by the supporting 
372.7   organization. 
372.8      Sec. 3.  Minnesota Statutes 2002, section 116O.03, 
372.9   subdivision 2, is amended to read: 
372.10     Subd. 2.  [BOARD OF DIRECTORS.] The corporation is governed 
372.11  by a board of 15 directors.  The selection, membership terms, 
372.12  compensation, removal, and filling of vacancies of public 
372.13  members of the board are as provided in section 15.0575 the 
372.14  corporation's bylaws.  Membership of the board consists of the 
372.15  following: 
372.16     (1) a person from the private sector, appointed by the 
372.17  governor, who shall act as chair and serve as chief science 
372.18  advisor to the governor and the legislature; 
372.19     (2) the dean of the institute of technology of the 
372.20  University of Minnesota; 
372.21     (3) the dean of the graduate school of the University of 
372.22  Minnesota; 
372.23     (4) the commissioner of the department of trade and 
372.24  economic development; 
372.25     (5) the commissioner of administration; 
372.26     (6) six members appointed by the governor, at least one of 
372.27  whom must be a person from a public post-secondary system other 
372.28  than the University of Minnesota; and 
372.29     (7) one member who is not a member of the legislature 
372.30  appointed by each of the following:  the speaker of the house of 
372.31  representatives, the house of representatives minority leader, 
372.32  the senate majority leader, and the senate minority leader. 
372.33     At least 50 percent of the members described in clauses (6) 
372.34  and (7) must live outside the metropolitan area as defined in 
372.35  section 473.121, subdivision 2, and must have experience in 
372.36  manufacturing, the technology industry, or research and 
373.1   development.  
373.2      Sec. 4.  Minnesota Statutes 2002, section 116O.091, 
373.3   subdivision 7, is amended to read: 
373.4      Subd. 7.  [ADVISORY COMMITTEES.] An advisory committee is 
373.5   created to assist in selecting vendors and evaluating the 
373.6   corporation's project outreach activities.  The advisory 
373.7   committee shall include the president of the University of 
373.8   Minnesota or the president's designee, the commissioner of trade 
373.9   and economic development or the commissioner's designee, the 
373.10  chair of the Minnesota Technology, Inc., board of directors or 
373.11  the chair's designee, a member of the state senate appointed by 
373.12  the subcommittee on committees of the senate rules and 
373.13  administration committee, a member of the house of 
373.14  representatives appointed by the speaker, and at least five 
373.15  users of project outreach services appointed by the named 
373.16  members.  The advisory committee expires June 30, 2004. 
373.17     Sec. 5.  Minnesota Statutes 2002, section 116O.12, is 
373.18  amended to read: 
373.19     116O.12 [MINNESOTA TECHNOLOGY ACCOUNT.] 
373.20     (a) The Minnesota technology account is in the special 
373.21  revenue fund.  Money in the account not needed for the immediate 
373.22  purposes of the corporation may be invested by the state board 
373.23  of investment in any way authorized by section 11A.24.  Money in 
373.24  the account is appropriated to the corporation to be used as 
373.25  provided in this chapter.  
373.26     (b) The account consists of:  
373.27     (1) money appropriated and transferred from other state 
373.28  funds; 
373.29     (2) fees and charges collected by the corporation; 
373.30     (3) income from investments and purchases; 
373.31     (4) revenue from loans, rentals, royalties, dividends, and 
373.32  other proceeds collected in connection with lawful corporate 
373.33  purposes; 
373.34     (5) gifts, donations, and bequests made to the corporation; 
373.35  and 
373.36     (6) other income credited to the account by law.  
374.1      Sec. 6.  Minnesota Statutes 2002, section 624.20, 
374.2   subdivision 1, is amended to read: 
374.3      Subdivision 1.  (a) As used in sections 624.20 to 624.25, 
374.4   the term "fireworks" means any substance or combination of 
374.5   substances or article prepared for the purpose of producing a 
374.6   visible or an audible effect by combustion, explosion, 
374.7   deflagration, or detonation, and includes blank cartridges, toy 
374.8   cannons, and toy canes in which explosives are used, the type of 
374.9   balloons which require fire underneath to propel them, 
374.10  firecrackers, torpedoes, skyrockets, Roman candles, daygo bombs, 
374.11  sparklers other than those specified in paragraph (c), or other 
374.12  fireworks of like construction, and any fireworks containing any 
374.13  explosive or inflammable compound, or any tablets or other 
374.14  device containing any explosive substance and commonly used as 
374.15  fireworks.  
374.16     (b) The term "fireworks" shall not include toy pistols, toy 
374.17  guns, in which paper caps containing 25/100 grains or less of 
374.18  explosive compound are used and toy pistol caps which contain 
374.19  less than 20/100 grains of explosive mixture. 
374.20     (c) The term also does not include wire or wood sparklers 
374.21  of not more than 100 grams of mixture per item, other sparkling 
374.22  items which are nonexplosive and nonaerial and contain 75 grams 
374.23  or less of chemical mixture per tube or a total of 200 grams or 
374.24  less for multiple tubes, snakes and glow worms, smoke devices, 
374.25  or trick noisemakers which include paper streamers, party 
374.26  poppers, string poppers, snappers, and drop pops, each 
374.27  consisting of not more than twenty-five hundredths grains of 
374.28  explosive mixture.  The use of items listed in this paragraph is 
374.29  not permitted on public property.  This paragraph does not 
374.30  authorize the purchase of items listed in it by persons younger 
374.31  than 18 years of age.  The age of a purchaser of items listed in 
374.32  this paragraph must be verified by photographic identification. 
374.33     (d) A local unit of government may impose an annual license 
374.34  fee for the retail sale of items authorized under paragraph 
374.35  (c).  The annual license fee of each retail seller that is in 
374.36  the business of selling only the items authorized under 
375.1   paragraph (c) may not exceed $350, and the annual license of 
375.2   each other retail seller may not exceed $100.  A local unit of 
375.3   government may not: 
375.4      (1) impose any fee or charge, other than the fee authorized 
375.5   by this paragraph, on the retail sale of items authorized under 
375.6   paragraph (c); 
375.7      (2) prohibit or restrict the display of items for permanent 
375.8   or temporary retail sale authorized under paragraph (c) that 
375.9   comply with National Fire Protection Association Standard 1124 
375.10  (2003 edition); or 
375.11     (3) impose on a retail seller any financial guarantee 
375.12  requirements, including bonding or insurance provisions, 
375.13  containing restrictions or conditions not imposed on the same 
375.14  basis on all other business licensees. 
375.15     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
375.16  following final enactment. 
375.17     Sec. 7.  [TRANSFER OF RESPONSIBILITIES FOR INDIAN BUSINESS 
375.18  LOAN PROGRAM.] 
375.19     The responsibilities of the Indian Affairs Council in 
375.20  administering the Indian Business Loan program under Minnesota 
375.21  Statutes, section 116J.64, are transferred to the department of 
375.22  trade and economic development, which may enter into an 
375.23  agreement with the governing body of a federally recognized 
375.24  Indian tribe in Minnesota to administer the program or a portion 
375.25  of the program. 
375.26     Sec. 8.  [SEASONAL AGRICULTURAL OPERATIONS; MANUFACTURED 
375.27  HOME PARK EXCLUSIONS.] 
375.28     Notwithstanding Minnesota Statutes, section 327.14, 
375.29  subdivision 3, and section 327.23, subdivision 2, the term 
375.30  "manufactured home park" shall not be construed to include up to 
375.31  four manufactured homes maintained by an individual or a company 
375.32  on premises associated with a seasonal agricultural operation 
375.33  and used exclusively to house labor or other personnel occupied 
375.34  in such operation if: 
375.35     (1) these manufactured homes are equipped with indoor 
375.36  plumbing facilities and meet the standards established in 
376.1   Minnesota Rules, parts 4630.0600, subpart 1, 4630.0700, 
376.2   4630.1200, 4630.3500, and 4715.0310; 
376.3      (2) these manufactured homes provide at least 80 square 
376.4   feet of indoor living space per inhabitant of each home; 
376.5      (3) these manufactured homes are installed in compliance 
376.6   with the state building code under Minnesota Rules, chapter 
376.7   1350; 
376.8      (4) these manufactured homes are in compliance with 
376.9   Minnesota Statutes, section 326.243; 
376.10     (5) the individual or company maintaining these 
376.11  manufactured homes, with the assistance and approval of the city 
376.12  or town where the homes are located, develops a plan to be 
376.13  posted in conspicuous locations near the homes for the 
376.14  sheltering, or the safe evacuation to a safe place of shelter, 
376.15  of the residents of the homes in time of severe weather 
376.16  conditions, such as tornadoes, high winds, and floods; and 
376.17     (6) the individual or company maintains the homes in a 
376.18  clean, orderly, and sanitary condition. 
376.19     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
376.20  following final enactment and expires two years after the 
376.21  effective date. 
376.22     Sec. 9.  [WORKING GROUP ON SUPPORTIVE HOUSING FOR LONG-TERM 
376.23  HOMELESSNESS.] 
376.24     The commissioners of the department of human services, 
376.25  trade and economic development, the Minnesota housing finance 
376.26  agency, and the department of corrections shall convene a 
376.27  working group to develop and implement strategies to foster the 
376.28  development of supportive housing options in order to: 
376.29     (1) reduce the number of Minnesota individuals and families 
376.30  that experience long-term homelessness; 
376.31     (2) reduce the inappropriate use of emergency health care, 
376.32  shelter, chemical dependency, corrections, and similar services; 
376.33  and 
376.34     (3) increase the employability, self-sufficiency, and other 
376.35  social outcomes for individuals and families experiencing 
376.36  long-term homelessness. 
377.1      The working group must include metropolitan area and 
377.2   greater Minnesota representatives of: 
377.3      (1) counties; 
377.4      (2) housing authorities; 
377.5      (3) nonprofit organizations knowledgeable about supportive 
377.6   housing; 
377.7      (4) nonprofit organizations experienced in the provision of 
377.8   services to the homeless; 
377.9      (5) developers and other business interests; 
377.10     (6) philanthropic organizations; and 
377.11     (7) other representatives identified as necessary to the 
377.12  development of the plan, including other government agencies. 
377.13     The working group shall: 
377.14     (1) determine the key characteristics of individuals and 
377.15  families experiencing long-term homelessness for whom affordable 
377.16  housing with links to support services is needed; 
377.17     (2) identify a variety of supportive housing models that 
377.18  address the different needs of individuals and families 
377.19  experiencing long-term homelessness; 
377.20     (3) determine the existing resources that may fund these 
377.21  models for families and individuals who are experiencing 
377.22  long-term homelessness; 
377.23     (4) identify the gaps in capital, operating, and service 
377.24  funding that affect the ability to develop supportive housing 
377.25  models; 
377.26     (5) propose a formal, interagency decision-making process 
377.27  and a plan to fund supportive housing proposals based on the 
377.28  agreed upon criteria, with the goal of maximizing access to 
377.29  funding for the capital, operating, and services costs of 
377.30  supportive housing proposals either scattered site or project 
377.31  based; 
377.32     (6) identify and recommend models to coordinate mainstream 
377.33  resources and services, i.e., resources and services available 
377.34  to the general population, or more specifically, low-income 
377.35  populations, that can be utilized to assist individuals and 
377.36  families experiencing homelessness, so that housing and 
378.1   homelessness supports can be maximized; and 
378.2      (7) identify and recommend remediation actions to remove 
378.3   barriers individuals and families experiencing homelessness face 
378.4   when attempting to access mainstream resources and services. 
378.5      The plan must include an estimate of the statewide need for 
378.6   supportive housing, an estimate of necessary resources to 
378.7   implement the plan, and alternative timetables for 
378.8   implementation of the plan and propose changes in laws and 
378.9   regulations that impede the effective delivery and coordination 
378.10  of services for the targeted population in affordable housing. 
378.11     The commissioners must report on the status of efforts by 
378.12  the working group to improve the effectiveness of the delivery 
378.13  and coordination of services and access to housing for 
378.14  individuals and families experiencing long-term homelessness and 
378.15  recommend next steps to the appropriate committees of the 
378.16  legislature by February 15, 2004.