Minnesota Legislature
HF 779
5th Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - 5th Engrossment
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, agricultural, and 1.4 rural development purposes; establishing and modifying 1.5 certain programs; providing for regulation of certain 1.6 activities and practices; providing for accounts, 1.7 assessments, and fees; amending Minnesota Statutes 1.8 2002, sections 16A.531, subdivision 1, by adding a 1.9 subdivision; 17.451; 17.452, subdivisions 8, 10, 11, 1.10 12, 13, by adding subdivisions; 17.4988; 18.525; 1.11 18.78; 18.79, subdivisions 2, 3, 5, 6, 9, 10; 18.81, 1.12 subdivisions 2, 3; 18.84, subdivision 3; 18.86; 1.13 18B.10; 18B.26, subdivision 3; 18B.37, by adding a 1.14 subdivision; 21.89, subdivision 2; 21.90, subdivision 1.15 2; 21.901; 28A.08, subdivision 3; 28A.085, subdivision 1.16 1; 28A.09, subdivision 1; 32.394, subdivisions 8, 8b, 1.17 8d; 35.155; 38.02, subdivision 1; 41A.09, subdivisions 1.18 1, 2a, 3a, by adding subdivisions; 84.027, subdivision 1.19 13; 84.029, subdivision 1; 84.085, subdivision 1; 1.20 84.091, subdivisions 2, 3; 84.0911; 84.788, 1.21 subdivisions 2, 3; 84.794, subdivision 2; 84.803, 1.22 subdivision 2; 84.92, subdivision 8; 84.927, 1.23 subdivision 2; 84A.02; 84A.21; 84A.32, subdivision 1; 1.24 84A.55, subdivision 8; 84D.14; 85.015, by adding a 1.25 subdivision; 85.04; 85.052, subdivision 3; 85.053, 1.26 subdivision 1; 85.055, subdivision 1; 85A.02, 1.27 subdivision 17; 88.17, subdivision 1, by adding a 1.28 subdivision; 97A.015, subdivisions 24, 52; 97A.045, 1.29 subdivision 7, by adding a subdivision; 97A.071, 1.30 subdivision 2; 97A.075, subdivisions 1, 2, 4, by 1.31 adding a subdivision; 97A.105, subdivision 1; 97A.401, 1.32 subdivision 3; 97A.411, subdivision 2; 97A.441, 1.33 subdivision 7, by adding a subdivision; 97A.475, 1.34 subdivisions 2, 3, 4, 5, 10, 15, 26, 27, 28, 29, 30, 1.35 38, 39, 40, 42, by adding a subdivision; 97A.505, by 1.36 adding subdivisions; 97B.311; 103B.231, subdivision 1.37 3a; 103B.305, subdivision 3, by adding subdivisions; 1.38 103B.311, subdivisions 1, 2, 3, 4; 103B.315, 1.39 subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 1.40 103B.325, subdivisions 1, 2; 103B.331, subdivisions 1, 1.41 2, 3; 103B.3363, subdivision 3; 103B.3369, 1.42 subdivisions 2, 4, 5, 6; 103B.355; 103D.341, 1.43 subdivision 2; 103D.345, by adding a subdivision; 1.44 103D.405, subdivision 2; 103D.537; 103G.005, 1.45 subdivision 10e; 103G.222, subdivisions 1, 3; 1.46 103G.2242, by adding subdivisions; 103G.271, 2.1 subdivisions 6, 6a, by adding a subdivision; 103G.611, 2.2 subdivision 1; 103G.615, subdivision 2; 103I.235, 2.3 subdivision 1; 115.03, by adding subdivisions; 2.4 115.073; 115.56, subdivision 4; 115A.0716, subdivision 2.5 3; 115A.54, by adding a subdivision; 115A.545, 2.6 subdivision 2; 115A.908, subdivision 2; 115A.9651, 2.7 subdivision 6; 115B.17, subdivisions 6, 7, 14, 16; 2.8 115B.19; 115B.20; 115B.22, subdivision 7; 115B.25, 2.9 subdivisions 1a, 4; 115B.26; 115B.30; 115B.31, 2.10 subdivisions 1, 3, 4; 115B.32, subdivision 1; 115B.33, 2.11 subdivision 1; 115B.34; 115B.36; 115B.40, subdivision 2.12 4; 115B.41, subdivisions 1, 2, 3; 115B.42, subdivision 2.13 2; 115B.421; 115B.445; 115B.48, subdivision 2; 2.14 115B.49, subdivisions 1, 3; 115C.02, subdivision 14; 2.15 115C.08, subdivision 4; 115C.09, subdivision 3, by 2.16 adding subdivisions; 115C.11, subdivision 1; 115C.13; 2.17 115D.12, subdivision 2; 116.03, subdivision 2; 116.07, 2.18 subdivisions 4d, 4h, 7a; 116.073, subdivisions 1, 2; 2.19 116.46, by adding subdivisions; 116.49, by adding 2.20 subdivisions; 116.50; 116.994; 116C.834, subdivision 2.21 1; 116D.04, subdivisions 2a, 10, 11, 13, by adding a 2.22 subdivision; 116O.09, subdivisions 1, 1a, 2, 3, 9, 12, 2.23 13, by adding subdivisions; 116P.02, subdivision 1; 2.24 116P.05, subdivision 2; 116P.09, subdivisions 4, 5, 7; 2.25 116P.10; 116P.14, subdivisions 1, 2; 297A.94; 297F.10, 2.26 subdivision 1; 297H.13, subdivisions 1, 2; 325E.10, 2.27 subdivision 1; 469.175, subdivision 7; 473.843, 2.28 subdivision 2; 473.844, subdivision 1; 473.845, 2.29 subdivisions 1, 3, 7, 8; 473.846; Laws 2002, chapter 2.30 355, section 4, as amended; proposing coding for new 2.31 law in Minnesota Statutes, chapters 18; 21; 84; 84B; 2.32 97B; 103B; 115C; 116; repealing Minnesota Statutes 2.33 2002, sections 1.31; 1.32; 17.110; 18.51; 18.52; 2.34 18.53; 18.54; 18.79, subdivisions 1, 7, 11; 18.85; 2.35 41A.09, subdivisions 1a, 5a, 6, 7, 8; 84.0887; 84.98; 2.36 84.99; 93.2235; 97A.105, subdivisions 3a, 3b; 97A.485, 2.37 subdivision 12; 97B.731, subdivision 2; 103B.311, 2.38 subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2, 3, 2.39 7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 2.40 115B.02, subdivision 1a; 115B.42, subdivision 1; 2.41 297H.13, subdivisions 3, 4; 325E.112, subdivisions 2, 2.42 3; 325E.113; 473.845, subdivision 4; Minnesota Rules, 2.43 parts 1510.0281; 9300.0010; 9300.0020; 9300.0030; 2.44 9300.0040; 9300.0050; 9300.0060; 9300.0070; 9300.0080; 2.45 9300.0090; 9300.0100; 9300.0110; 9300.0120; 9300.0130; 2.46 9300.0140; 9300.0150; 9300.0160; 9300.0170; 9300.0180; 2.47 9300.0190; 9300.0200; 9300.0210. 2.48 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.49 ARTICLE 1 2.50 GENERAL 2.51 Section 1. [ENVIRONMENT AND NATURAL RESOURCES.] 2.52 The sums shown in the columns marked "APPROPRIATIONS" are 2.53 appropriated from the general fund, or another named fund, to 2.54 the agencies and for the purposes specified in this act, to be 2.55 available for the fiscal years indicated for each purpose. The 2.56 figures "2003," "2004," and "2005," where used in this act, mean 2.57 that the appropriation or appropriations listed under them are 2.58 available for the year ending June 30, 2003, June 30, 2004, or 2.59 June 30, 2005, respectively. The term "the first year" means 3.1 the year ending June 30, 2004, and the term "the second year" 3.2 means the year ending June 30, 2005. 3.3 SUMMARY BY FUND 3.4 2003 2004 2005 TOTAL 3.5 General $138,594,000 $135,121,000 $273,715,000 3.6 State Government 3.7 Special Revenue 48,000 48,000 96,000 3.8 Environmental 42,776,000 42,822,000 85,598,000 3.9 Natural 3.10 Resources 50,536,000 48,596,000 99,132,000 3.11 Game and Fish 82,674,000 82,616,000 165,290,000 3.12 Remediation 11,504,000 11,504,000 23,008,000 3.13 Land and Water 3.14 Conservation Account 2,000,000 -0- 2,000,000 3.15 Great Lakes 3.16 Protection Account 56,000 -0- 56,000 3.17 Environment and Natural 3.18 Resources Trust Fund 15,050,000 15,050,000 30,100,000 3.19 Oil Overcharge 519,000 -0- 519,000 3.20 TOTAL $343,757,000 $335,757,000 $679,514,000 3.21 APPROPRIATIONS 3.22 Available for the Year 3.23 Ending June 30 3.24 2004 2005 3.25 Sec. 2. POLLUTION CONTROL 3.26 AGENCY 3.27 Subdivision 1. Total 3.28 Appropriation $52,463,000 $52,463,000 3.29 Summary by Fund 3.30 General 10,229,000 10,183,000 3.31 State Government 3.32 Special Revenue 48,000 48,000 3.33 Environmental 30,782,000 30,828,000 3.34 Remediation 11,404,000 11,404,000 3.35 The amounts that may be spent from this 3.36 appropriation for each program are 3.37 specified in the following subdivisions. 3.38 Subd. 2. Water 3.39 18,976,000 18,976,000 3.40 Summary by Fund 3.41 General 7,254,000 7,222,000 3.42 State Government 3.43 Special Revenue 48,000 48,000 4.1 Environmental 11,674,000 11,706,000 4.2 $2,348,000 the first year and 4.3 $2,348,000 the second year are for the 4.4 clean water partnership program. Any 4.5 balance remaining in the first year 4.6 does not cancel and is available for 4.7 the second year of the biennium. 4.8 $2,324,000 the first year and 4.9 $2,324,000 the second year are for 4.10 grants for county administration of the 4.11 feedlot permit program. These amounts 4.12 are transferred to the board of water 4.13 and soil resources for disbursement in 4.14 accordance with Minnesota Statutes, 4.15 section 103B.3369, in cooperation with 4.16 the pollution control agency. Grants 4.17 must be matched with a combination of 4.18 local cash and/or in-kind contributions. 4.19 Counties receiving these grants shall 4.20 submit an annual report to the 4.21 pollution control agency regarding 4.22 activities conducted under the grant, 4.23 expenditures made, and local match 4.24 contributions. Funding shall be given 4.25 to counties that have requested and 4.26 received delegation from the pollution 4.27 control agency for processing of animal 4.28 feedlot permit applications under 4.29 Minnesota Statutes, section 116.07, 4.30 subdivision 7. The first year, 4.31 delegated counties shall be eligible to 4.32 receive an amount of either: (1) $50 4.33 multiplied by the number of feedlots 4.34 with greater than ten animal units as 4.35 reported by the county in their annual 4.36 report for registration data developed 4.37 in accordance with Minnesota Rules, 4.38 part 7020.0350 or Minnesota Statutes, 4.39 section 116.072; or (2) $80 multiplied 4.40 by the number of feedlots with greater 4.41 than ten animal units as reported by 4.42 the county in their annual report and 4.43 determined by a level 2 or level 3 4.44 feedlot inventory conducted in 4.45 accordance with the Feedlot Inventory 4.46 Guidebook published by the board of 4.47 water and soil resources, dated June 4.48 1991. The second year, delegated 4.49 counties shall be eligible to receive 4.50 an amount of either: (1) $50 4.51 multiplied by the number of feedlots 4.52 with greater than ten animal units as 4.53 reported to the agency under the terms 4.54 of aggregate reporting as defined in 4.55 Minnesota Statutes, section 116.0712; 4.56 or (2) $80 multiplied by the number of 4.57 feedlots with greater than ten animal 4.58 units based on the agency's statewide 4.59 database for registration in accordance 4.60 with Minnesota Rules, part 7020.0350. 4.61 By June 30, 2004, the agency in 4.62 consultation with delegated counties, 4.63 shall develop a new funding formula 4.64 incorporating the following criteria at 4.65 a minimum: (i) fee multiplier per 4.66 feedlot as defined by the state 4.67 registration program (greater than 50 4.68 animal units in nonshoreland areas and 5.1 ten to 50 animal units in shoreland 5.2 areas), (ii) use of the state database 5.3 for determination of feedlots in item 5.4 (i), and (iii) incentive-based payments 5.5 for counties exceeding minimum program 5.6 requirements based on program 5.7 priorities. To be eligible for a 5.8 grant, a county must be delegated by 5.9 December 31 of the year prior to the 5.10 year in which awards are distributed. 5.11 At a minimum, delegated counties are 5.12 eligible to receive a grant of $7,500 5.13 per year. To receive the award, the 5.14 county must receive approval by the 5.15 pollution control agency of the county 5.16 feedlot work plan and annual county 5.17 feedlot officer report. Feedlots that 5.18 have been inactive for five or more 5.19 years may not be counted in determining 5.20 the amount of the grant. 5.21 Any money remaining after the first 5.22 year is available for the second year 5.23 and is available for distribution to 5.24 all counties on a competitive basis 5.25 through the challenge grant process for 5.26 the development of delegated county 5.27 feedlot programs or to enhance existing 5.28 delegated county feedlot programs, 5.29 information and education, or technical 5.30 assistance efforts to reduce 5.31 feedlot-related pollution hazards. 5.32 $335,000 the first year and $335,000 5.33 the second year are for community 5.34 technical assistance and education, 5.35 including grants and technical 5.36 assistance to communities for local and 5.37 basinwide water quality protection. 5.38 $205,000 the first year and $205,000 5.39 the second year are for individual 5.40 sewage treatment system (ISTS) 5.41 administration. Of this amount, 5.42 $86,000 in each year is transferred to 5.43 the board of water and soil resources 5.44 for assistance to local units of 5.45 government through competitive grant 5.46 programs for ISTS program development. 5.47 $200,000 the first year and $200,000 5.48 the second year are for individual 5.49 sewage treatment system grants. Any 5.50 unexpended balance in the first year 5.51 does not cancel, but is available in 5.52 the second year. 5.53 By February 1, 2004, the commissioner 5.54 shall report to the environment and 5.55 natural resources finance committees of 5.56 the house and senate on the status of 5.57 discussions with stakeholders on 5.58 strategies to implement the impaired 5.59 waters program and any specific 5.60 recommendations on funding options to 5.61 address the needs documents in the 5.62 agency's report to the legislature, 5.63 "Minnesota's Impaired Waters," dated 5.64 March 2003. 5.65 Notwithstanding Minnesota Statutes, 6.1 section 16A.28, the appropriations 6.2 encumbered under contract on or before 6.3 June 30, 2005, for clean water 6.4 partnership, ISTS, Minnesota River, and 6.5 Total Maximum Daily Load grants in this 6.6 subdivision are available until June 6.7 30, 2007. 6.8 Subd. 3. Air 6.9 8,645,000 8,640,000 6.10 Summary by Fund 6.11 Environmental 8,645,000 8,640,000 6.12 Up to $150,000 the first year and 6.13 $150,000 the second year may be 6.14 transferred to the environmental fund 6.15 for the small business environmental 6.16 improvement loan program established in 6.17 Minnesota Statutes, section 116.993. 6.18 $200,000 the first year and $200,000 6.19 the second year are from the 6.20 environmental fund for a monitoring 6.21 program under Minnesota Statutes, 6.22 section 116.454. 6.23 Subd. 4. Land 6.24 18,454,000 18,454,000 6.25 Summary by Fund 6.26 Environmental 7,050,000 7,050,000 6.27 Remediation 11,404,000 11,404,000 6.28 All money for environmental response, 6.29 compensation, and compliance in the 6.30 remediation fund not otherwise 6.31 appropriated is appropriated to the 6.32 commissioners of the pollution control 6.33 agency and the department of 6.34 agriculture for purposes of Minnesota 6.35 Statutes, section 115B.20, subdivision 6.36 2, clauses (1), (2), (3), (6), and 6.37 (7). At the beginning of each fiscal 6.38 year, the two commissioners shall 6.39 jointly submit an annual spending plan 6.40 to the commissioner of finance that 6.41 maximizes the utilization of resources 6.42 and appropriately allocates the money 6.43 between the two agencies. This 6.44 appropriation is available until June 6.45 30, 2005. 6.46 $574,000 the first year and $574,000 6.47 the second year are from the petroleum 6.48 tank fund to be transferred to the 6.49 remediation fund for purposes of the 6.50 leaking underground storage tank 6.51 program to protect the land. 6.52 $200,000 the first year and $200,000 6.53 the second year are from the 6.54 remediation fund to be transferred to 6.55 the department of health for private 6.56 water supply monitoring and health 6.57 assessment costs in areas contaminated 7.1 by unpermitted mixed municipal solid 7.2 waste disposal facilities. 7.3 $685,000 the first year and $685,000 7.4 the second year are from the 7.5 environmental fund balance to reimburse 7.6 the general fund for past sales of 7.7 bonds used to support the closed 7.8 landfill program through June 30, 2007. 7.9 Subd. 5. Multimedia 7.10 4,301,000 4,306,000 7.11 Summary by Fund 7.12 General 2,265,000 2,265,000 7.13 Environmental 2,036,000 2,041,000 7.14 Subd. 6. Administrative Support 7.15 2,087,000 2,087,000 7.16 Summary by Fund 7.17 General 710,000 696,000 7.18 Environmental 1,377,000 1,391,000 7.19 Sec. 3. OFFICE OF ENVIRONMENTAL 7.20 ASSISTANCE 24,754,000 24,754,000 7.21 Summary by Fund 7.22 General 12,760,000 12,760,000 7.23 Environmental 11,994,000 11,994,000 7.24 $12,500,000 each year is for SCORE 7.25 block grants to counties. Of that 7.26 amount, $8,060,000 is from the general 7.27 fund and $4,440,000 is from the 7.28 environmental fund. 7.29 Any unencumbered grant and loan 7.30 balances in the first year do not 7.31 cancel but are available for grants and 7.32 loans in the second year. 7.33 All money deposited in the 7.34 environmental fund for the metropolitan 7.35 solid waste landfill fee in accordance 7.36 with Minnesota Statutes, section 7.37 473.843, and not otherwise 7.38 appropriated, is appropriated to the 7.39 office of environmental assistance for 7.40 the purposes of Minnesota Statutes, 7.41 section 473.844. 7.42 $200,000 the first year and $200,000 7.43 the second year are transferred to the 7.44 environmental assistance revolving 7.45 account under Minnesota Statutes, 7.46 section 115A.0716, subdivision 3. 7.47 Notwithstanding Minnesota Statutes, 7.48 section 16A.28, the appropriations 7.49 encumbered under contract on or before 7.50 June 30, 2005, for environmental 7.51 assistance grants awarded under 8.1 Minnesota Statutes, section 115A.0716, 8.2 and for technical and research 8.3 assistance under Minnesota Statutes, 8.4 section 115A.152, technical assistance 8.5 under Minnesota Statutes, section 8.6 115A.52, and pollution prevention 8.7 assistance under Minnesota Statutes, 8.8 section 115D.04, are available until 8.9 June 30, 2006. 8.10 $5,000,000 the first year and 8.11 $5,000,000 the second year are from the 8.12 environmental fund for mixed municipal 8.13 solid waste processing payments under 8.14 Minnesota Statutes, section 115A.545. 8.15 The office of environmental assistance 8.16 shall, in consultation with 8.17 stakeholders, develop and report to the 8.18 legislative finance and policy 8.19 committees with jurisdiction over the 8.20 environment on an incentive-based 8.21 distribution approach for SCORE funding 8.22 to replace the allocation formula in 8.23 Minnesota Statutes, section 115A.557, 8.24 subdivision 2. The office must submit 8.25 preliminary recommendations by January 8.26 15, 2004, and final recommendations by 8.27 January 1, 2005. 8.28 Sec. 4. ZOOLOGICAL BOARD 6,681,000 6,681,000 8.29 Summary by Fund 8.30 General 6,557,000 6,557,000 8.31 Natural Resources 124,000 124,000 8.32 $124,000 the first year and $124,000 8.33 the second year are from the natural 8.34 resources fund from the revenue 8.35 deposited under Minnesota Statutes, 8.36 section 297A.94, paragraph (e), clause 8.37 (5). This is a onetime appropriation. 8.38 Sec. 5. NATURAL RESOURCES 8.39 Subdivision 1. Total 8.40 Appropriation 224,239,000 222,133,000 8.41 Summary by Fund 8.42 General 91,053,000 90,945,000 8.43 Natural Resources 50,412,000 48,472,000 8.44 Game and Fish 82,674,000 82,616,000 8.45 Remediation 100,000 100,000 8.46 The amounts that may be spent from this 8.47 appropriation for each program are 8.48 specified in the following subdivisions. 8.49 Subd. 2. Land and Mineral Resources 8.50 Management 8.51 7,509,000 7,509,000 8.52 Summary by Fund 9.1 General 6,466,000 6,466,000 9.2 Natural Resources 156,000 156,000 9.3 Game and Fish 887,000 887,000 9.4 $275,000 the first year and $275,000 9.5 the second year are for iron ore 9.6 cooperative research, of which $137,500 9.7 the first year and $137,500 the second 9.8 year are available only as matched by 9.9 $1 of nonstate money for each $1 of 9.10 state money. The match may be cash or 9.11 in-kind. Any unencumbered balance 9.12 remaining in the first year does not 9.13 cancel but is available for the second 9.14 year. 9.15 $172,000 the first year and $172,000 9.16 the second year are for mineral 9.17 diversification. 9.18 $86,000 the first year and $86,000 the 9.19 second year are for minerals 9.20 cooperative environmental research, of 9.21 which $43,000 the first year and 9.22 $43,000 the second year are available 9.23 only as matched by $1 of nonstate money 9.24 for each $1 of state money. The match 9.25 may be cash or in-kind. Any 9.26 unencumbered balance remaining in the 9.27 first year does not cancel but is 9.28 available for the second year. 9.29 Subd. 3. Water Resources Management 9.30 12,574,000 10,841,000 9.31 Summary by Fund 9.32 General 12,294,000 10,561,000 9.33 Natural Resources 280,000 280,000 9.34 $108,000 the first year is for a grant 9.35 to the Lewis and Clark joint powers 9.36 board to acquire land for, and to 9.37 predesign, design, construct, furnish, 9.38 and equip a rural water system to serve 9.39 southwestern Minnesota, and to pay 9.40 additional project development costs 9.41 that are approved for federal 9.42 cost-share payment by the United States 9.43 Bureau of Reclamation, and is available 9.44 until spent. This appropriation is 9.45 available when matched by $8 of federal 9.46 money and $1 of local money for each $1 9.47 of state money. 9.48 Up to $210,000 the first year and up to 9.49 $210,000 the second year are for grants 9.50 associated with the implementation of 9.51 the Red River mediation agreement. 9.52 $300,000 the first year and $300,000 9.53 the second year are appropriated for 9.54 groundwater sustainability analyses 9.55 under Minnesota Statutes, section 9.56 103G.271, subdivision 8. 9.57 $625,000 the first year is a onetime 10.1 appropriation from the general fund for 10.2 grants to local units of government in 10.3 the area included in DR-1419 for the 10.4 state share of flood hazard mitigation 10.5 grants for flood damage reduction 10.6 studies, planning, engineering, and 10.7 publicly owned capital improvements to 10.8 prevent or alleviate flood damage under 10.9 Minnesota Statutes, section 103F.161. 10.10 This appropriation is available until 10.11 expended. 10.12 $1,000,000 is to buy out property 10.13 substantially damaged by flooding in 10.14 the area included in DR-1419. This is 10.15 a onetime appropriation from the 10.16 general fund and is available until 10.17 expended. 10.18 Subd. 4. Forest Management 10.19 33,066,000 33,066,000 10.20 Summary by Fund 10.21 General 32,824,000 32,824,000 10.22 Game and Fish 242,000 242,000 10.23 $7,650,000 the first year and 10.24 $7,650,000 the second year are for 10.25 prevention, presuppression, and 10.26 suppression costs of emergency 10.27 firefighting and other costs incurred 10.28 under Minnesota Statutes, section 10.29 88.12. If the appropriation for either 10.30 year is insufficient to cover all costs 10.31 of presuppression and suppression, the 10.32 amount necessary to pay for these costs 10.33 during the biennium is appropriated 10.34 from the general fund. By November 15 10.35 of each year, the commissioner of 10.36 natural resources shall submit a report 10.37 to the chairs of the house of 10.38 representatives ways and means 10.39 committee, the senate finance 10.40 committee, the environment and 10.41 agriculture budget division of the 10.42 senate finance committee, and the house 10.43 of representatives environment and 10.44 natural resources finance committee, 10.45 identifying all firefighting costs 10.46 incurred and reimbursements received in 10.47 the prior fiscal year. The report must 10.48 be in a format agreed to by the house 10.49 environment finance committee chair, 10.50 the senate environment budget division 10.51 chair, the department, and the 10.52 department of finance. These 10.53 appropriations may not be transferred. 10.54 Any reimbursement of firefighting 10.55 expenditures made to the commissioner 10.56 from any source other than federal 10.57 mobilizations shall be deposited into 10.58 the general fund. 10.59 $730,000 the first year and $730,000 10.60 the second year are for the forest 10.61 resources council for implementation of 10.62 the Sustainable Forest Resources Act. 11.1 $350,000 the first year and $350,000 11.2 the second year are for the FORIST 11.3 timber management information system 11.4 and for increased forestry management. 11.5 $242,000 the first year and $242,000 11.6 the second year are from the game and 11.7 fish fund to implement ecological 11.8 classification systems (ECS) standards 11.9 on forested landscapes. This is a 11.10 onetime appropriation from revenue 11.11 deposited to the game and fish fund 11.12 under Minnesota Statutes, section 11.13 297A.94, paragraph (e), clause (1). 11.14 Subd. 5. Parks and Recreation 11.15 Management 11.16 34,883,000 36,508,000 11.17 Summary by Fund 11.18 General 17,658,000 19,283,000 11.19 Natural Resources 17,225,000 17,225,000 11.20 $640,000 the first year and $640,000 11.21 the second year are from the water 11.22 recreation account in the natural 11.23 resources fund for state park 11.24 development projects. 11.25 $1,435,000 the first year and 11.26 $3,060,000 the second year are for 11.27 payment of a grant to the metropolitan 11.28 council for metropolitan area regional 11.29 parks maintenance and operations. 11.30 $3,462,000 the first year and 11.31 $3,462,000 the second year are from the 11.32 natural resources fund for state park 11.33 and recreation area operations. This 11.34 appropriation is from the revenue 11.35 deposited to the natural resources fund 11.36 under Minnesota Statutes, section 11.37 297A.94, paragraph (e), clause (2). 11.38 $4,152,000 the first year and 11.39 $4,152,000 the second year are from the 11.40 natural resources fund for a grant to 11.41 the metropolitan council for 11.42 metropolitan area regional parks and 11.43 trails maintenance and operations. 11.44 This appropriation is from the revenue 11.45 deposited to the natural resources fund 11.46 under Minnesota Statutes, section 11.47 297A.94, paragraph (e), clause (3). 11.48 $8,971,000 the first year and 11.49 $8,971,000 the second year are from the 11.50 state parks account in the natural 11.51 resources fund for state park and 11.52 recreation area operations. 11.53 $25,000 the first year and $25,000 the 11.54 second year are for a grant to the city 11.55 of Taylors Falls for fire and rescue 11.56 operations in support of Interstate 11.57 state park. 11.58 Subd. 6. Trails and Waterways 12.1 Management 12.2 23,210,000 20,723,000 12.3 Summary by Fund 12.4 General 1,234,000 1,234,000 12.5 Natural Resources 19,805,000 17,805,000 12.6 Game and Fish 2,171,000 1,684,000 12.7 $5,724,000 the first year and 12.8 $5,724,000 the second year are from the 12.9 snowmobile trails and enforcement 12.10 account in the natural resources fund 12.11 for snowmobile grants-in-aid. 12.12 $261,000 the first year and $261,000 12.13 the second year are from the water 12.14 recreation account in the natural 12.15 resources fund for a safe harbor 12.16 program on Lake Superior. 12.17 $690,000 the first year and $690,000 12.18 the second year are from the natural 12.19 resources fund for state trail 12.20 operations. This appropriation is from 12.21 the revenue deposited to the natural 12.22 resources fund under Minnesota 12.23 Statutes, section 297A.94, paragraph 12.24 (e), clause (2). This is a onetime 12.25 appropriation. 12.26 $553,000 the first year and $553,000 12.27 the second year are from the natural 12.28 resources fund for trail grants to 12.29 local units of government on land to be 12.30 maintained for at least 20 years for 12.31 the purposes of the grant. This 12.32 appropriation is from the revenue 12.33 deposited to the natural resources fund 12.34 under Minnesota Statutes, section 12.35 297A.94, paragraph (e), clause (4). 12.36 This is a onetime appropriation. 12.37 The appropriation in Laws 2001, First 12.38 Special Session chapter 2, section 5, 12.39 subdivision 6, from the water 12.40 recreation account in the natural 12.41 resources fund for preconstruction, 12.42 acquisition, and staffing needs for the 12.43 Mississippi Whitewater trail authorized 12.44 by Minnesota Statutes, section 85.0156, 12.45 is available until June 30, 2005. 12.46 $150,000 the first year and $150,000 12.47 the second year are from the natural 12.48 resources fund for trail development. 12.49 Of this amount, $86,000 each year is 12.50 from the all-terrain vehicle account, 12.51 $57,000 each year is from the the 12.52 off-road vehicle account, and $7,000 12.53 each year is from the off-highway 12.54 motorcycle account. 12.55 $1,000,000 the first year is from the 12.56 natural resources fund for the Iron 12.57 Range off-highway vehicle recreation 12.58 area. Of this amount, $600,000 is from 12.59 the all-terrain vehicle account, 13.1 $350,000 is from the off-road vehicle 13.2 account, and $50,000 is from the 13.3 off-highway motorcycle account. This 13.4 appropriation is available until 13.5 expended. 13.6 $300,000 the first year is from the 13.7 snowmobile trails and enforcement 13.8 account in the natural resources fund. 13.9 The commissioner shall expend this 13.10 money to acquire permanent easements 13.11 for a snowmobile trail to connect the 13.12 Willard Munger State Trail in 13.13 Hermantown to the North Shore State 13.14 Trail in Duluth. This appropriation is 13.15 available until expended. 13.16 $700,000 the first year is from the 13.17 water recreation account in the natural 13.18 resources fund for a cooperative 13.19 project with the U.S. Army Corps of 13.20 Engineers to develop the Mississippi 13.21 Whitewater Park. Of this amount, 13.22 $525,000 is available to provide a 13.23 match for $975,000 of federal funds, in 13.24 a ratio of 65 percent federal to 35 13.25 percent state, for construction design 13.26 development. $175,000 is available for 13.27 use by the department for project 13.28 management, including costs for the 13.29 project review team, real estate 13.30 acquisition, staff coordination of 13.31 project, and legal services. 13.32 Subd. 7. Fish Management 13.33 28,979,000 29,010,000 13.34 Summary by Fund 13.35 General 455,000 455,000 13.36 Natural Resources 197,000 197,000 13.37 Game and Fish 28,327,000 28,358,000 13.38 $402,000 the first year and $402,000 13.39 the second year are for resource 13.40 population surveys in the 1837 treaty 13.41 area. Of this amount, $260,000 the 13.42 first year and $260,000 the second year 13.43 are from the game and fish fund. 13.44 $177,000 the first year and $177,000 13.45 the second year are for the reinvest in 13.46 Minnesota programs of game and fish, 13.47 critical habitat, and wetlands 13.48 established under Minnesota Statutes, 13.49 section 84.95, subdivision 2. 13.50 $1,030,000 the first year and 13.51 $1,030,000 the second year are from the 13.52 trout and salmon management account for 13.53 only the purposes specified in 13.54 Minnesota Statutes, section 97A.075, 13.55 subdivision 3. 13.56 $136,000 the first year and $136,000 13.57 the second year are available for 13.58 aquatic plant restoration. 14.1 $3,998,000 the first year and 14.2 $3,998,000 the second year are from the 14.3 heritage enhancement account in the 14.4 game and fish fund for only the 14.5 purposes specified in Minnesota 14.6 Statutes, section 297A.94, paragraph 14.7 (e), clause (1). This appropriation is 14.8 from the revenue deposited to the game 14.9 and fish fund under Minnesota Statutes, 14.10 section 297A.94, paragraph (e), clause 14.11 (1). 14.12 Notwithstanding Minnesota Statutes, 14.13 section 16A.28, the appropriations 14.14 encumbered under contract on or before 14.15 June 30, 2005, for aquatic restoration 14.16 grants in this subdivision are 14.17 available until June 30, 2006. 14.18 Subd. 8. Wildlife Management 14.19 24,189,000 24,504,000 14.20 Summary by Fund 14.21 General 1,416,000 1,416,000 14.22 Game and Fish 22,773,000 23,088,000 14.23 $565,000 the first year and $565,000 14.24 the second year are for the reinvest in 14.25 Minnesota programs of game and fish, 14.26 critical habitat, and wetlands 14.27 established under Minnesota Statutes, 14.28 section 84.95, subdivision 2. 14.29 $1,830,000 the first year and 14.30 $2,030,000 the second year are from the 14.31 wildlife acquisition surcharge account 14.32 for only the purposes specified in 14.33 Minnesota Statutes, section 97A.071, 14.34 subdivision 2a. 14.35 $1,269,000 the first year and 14.36 $1,269,000 the second year are from the 14.37 deer habitat improvement account for 14.38 only the purposes specified in 14.39 Minnesota Statutes, section 97A.075, 14.40 subdivision 1, paragraph (b). 14.41 $148,000 the first year and $148,000 14.42 the second year are from the deer and 14.43 bear management account for only the 14.44 purposes specified in Minnesota 14.45 Statutes, section 97A.075, subdivision 14.46 1, paragraph (c). 14.47 $808,000 the first year and $808,000 14.48 the second year are from the waterfowl 14.49 habitat improvement account for only 14.50 the purposes specified in Minnesota 14.51 Statutes, section 97A.075, subdivision 14.52 2. 14.53 $546,000 the first year and $546,000 14.54 the second year are from the pheasant 14.55 habitat improvement account for only 14.56 the purposes specified in Minnesota 14.57 Statutes, section 97A.075, subdivision 14.58 4. 15.1 $120,000 the first year and $120,000 15.2 the second year are from the wild 15.3 turkey management account for only the 15.4 purposes specified in Minnesota 15.5 Statutes, section 97A.075, subdivision 15.6 5. Of this amount, $8,000 the first 15.7 year and $8,000 the second year are 15.8 appropriated from the game and fish 15.9 fund for transfer to the wild turkey 15.10 management account for purposes 15.11 specified in Minnesota Statutes, 15.12 section 97A.075, subdivision 5. 15.13 $324,000 the first year and $324,000 15.14 the second year are from the mourning 15.15 dove habitat improvement account for 15.16 only the purposes specified in 15.17 Minnesota Statutes, section 97A.075, 15.18 subdivision 6. 15.19 $2,560,000 the first year and 15.20 $2,560,000 the second year are from the 15.21 heritage enhancement account in the 15.22 game and fish fund for only the 15.23 purposes specified in Minnesota 15.24 Statutes, section 297A.94, paragraph 15.25 (e), clause (1). However, in the event 15.26 that chronic wasting disease (CWD) is 15.27 found in the wild deer herd, these 15.28 appropriations may be used for wildlife 15.29 health management costs related to 15.30 fighting the spread of CWD. This 15.31 appropriation is from the revenue 15.32 deposited to the game and fish fund 15.33 under Minnesota Statutes, section 15.34 297A.94, paragraph (e), clause (1). 15.35 Notwithstanding Minnesota Statutes, 15.36 section 297A.94, this appropriation may 15.37 be used for hunter recruitment and 15.38 retention and public land user 15.39 facilities. 15.40 Notwithstanding Minnesota Statutes, 15.41 section 16A.28, the appropriations 15.42 encumbered under contract on or before 15.43 June 30, 2005, for wildlife habitat 15.44 grants in this subdivision are 15.45 available until June 30, 2006. 15.46 Subd. 9. Ecological Services 15.47 8,677,000 8,745,000 15.48 Summary by Fund 15.49 General 3,085,000 3,085,000 15.50 Natural Resources 2,572,000 2,632,000 15.51 Game and Fish 3,020,000 3,028,000 15.52 $1,028,000 the first year and 15.53 $1,028,000 the second year are from the 15.54 nongame wildlife management account in 15.55 the natural resources fund for the 15.56 purpose of nongame wildlife management. 15.57 $224,000 the first year and $224,000 15.58 the second year are for population and 15.59 habitat objectives of the nongame 15.60 wildlife management program. 16.1 $477,000 the first year and $477,000 16.2 the second year are for the reinvest in 16.3 Minnesota programs of game and fish, 16.4 critical habitat, and wetlands 16.5 established under Minnesota Statutes, 16.6 section 84.95, subdivision 2. 16.7 $1,263,000 the first year and 16.8 $1,263,000 the second year are from the 16.9 heritage enhancement account in the 16.10 game and fish fund for only the 16.11 purposes specified in Minnesota 16.12 Statutes, section 297A.94, paragraph 16.13 (e), clause (1). This appropriation is 16.14 from the revenue deposited to the game 16.15 and fish fund under Minnesota Statutes, 16.16 section 297A.94, paragraph (e), clause 16.17 (1). 16.18 Subd. 10. Enforcement 16.19 26,918,000 26,986,000 16.20 Summary by Fund 16.21 General 3,487,000 3,487,000 16.22 Natural Resources 6,161,000 6,161,000 16.23 Game and Fish 17,170,000 17,238,000 16.24 Remediation 100,000 100,000 16.25 $1,082,000 the first year and 16.26 $1,082,000 the second year are from the 16.27 water recreation account in the natural 16.28 resources fund for grants to counties 16.29 for boat and water safety. 16.30 $100,000 the first year and $100,000 16.31 the second year are from the 16.32 remediation fund for solid waste 16.33 enforcement activities under Minnesota 16.34 Statutes, section 116.073. 16.35 $315,000 the first year and $315,000 16.36 the second year are from the snowmobile 16.37 trails and enforcement account in the 16.38 natural resources fund for grants to 16.39 local law enforcement agencies for 16.40 snowmobile enforcement activities. 16.41 $1,164,000 the first year and 16.42 $1,164,000 the second year are from the 16.43 heritage enhancement account in the 16.44 game and fish fund for only the 16.45 purposes specified in Minnesota 16.46 Statutes, section 297A.94, paragraph 16.47 (e), clause (1). This appropriation is 16.48 from the revenue deposited to the game 16.49 and fish fund under Minnesota Statutes, 16.50 section 297A.94, paragraph (e), clause 16.51 (1). 16.52 $100,000 the first year and $100,000 16.53 the second year are from the off-road 16.54 vehicle account in the natural 16.55 resources fund for grants to 16.56 off-highway organizations under 16.57 Minnesota Statutes, section 84.785. 17.1 $200,000 the first year and $200,000 17.2 the second year are from the natural 17.3 resources fund for grants to county law 17.4 enforcement agencies for off-highway 17.5 vehicle enforcement and public 17.6 education activities based on 17.7 off-highway vehicle use and trail 17.8 mileage in the county. Of this amount, 17.9 $115,000 each year is from the 17.10 all-terrain vehicle account, $76,000 17.11 each year is from the off-road vehicle 17.12 account, and $9,000 each year is from 17.13 the off-highway motorcycle account. 17.14 The county enforcement agencies may use 17.15 money received under this appropriation 17.16 to make grants to other local 17.17 enforcement agencies within the county 17.18 that have a high concentration of 17.19 off-highway vehicle use. 17.20 Subd. 11. Operations Support 17.21 24,234,000 24,241,000 17.22 Summary by Fund 17.23 General 12,134,000 12,134,000 17.24 Natural Resources 4,016,000 4,016,000 17.25 Game and Fish 8,084,000 8,091,000 17.26 $189,000 the first year and $189,000 17.27 the second year are for technical 17.28 assistance and grants to assist local 17.29 government units and organizations in 17.30 the metropolitan area to acquire and 17.31 develop natural areas and greenways. 17.32 $375,000 the first year and $375,000 17.33 the second year are for the community 17.34 assistance program to provide for 17.35 technical assistance and regional 17.36 resource enhancement grants. 17.37 $246,000 the first year and $246,000 17.38 the second year are from the natural 17.39 resources fund for grants to be divided 17.40 equally between the city of St. Paul 17.41 for the Como Zoo and Conservatory and 17.42 the city of Duluth Zoo. This 17.43 appropriation is from the revenue 17.44 deposited to the natural resources fund 17.45 under Minnesota Statutes, section 17.46 297A.94, paragraph (e), clause (5). 17.47 This is a onetime appropriation. 17.48 The commissioner may allow payments to 17.49 be made by credit or debit cards, at 17.50 the customer's discretion, with a 17.51 charge of a reasonable fee. Money 17.52 received from the fees is appropriated 17.53 to the commissioner to cover the costs 17.54 of processing payments from credit and 17.55 debit cards. 17.56 Any unencumbered balance for state 17.57 project reimbursements received in 17.58 fiscal year 2003 from the federal Land 17.59 and Water Conservation Fund Act and 17.60 deposited in the state land and water 18.1 conservation account in the future 18.2 resources fund shall be transferred to 18.3 the account in the natural resources 18.4 fund. This provision is effective the 18.5 day following final enactment. 18.6 Sec. 6. BOARD OF WATER AND 18.7 SOIL RESOURCES 18,062,000 15,361,000 18.8 $4,102,000 the first year and 18.9 $4,102,000 the second year are for 18.10 natural resources block grants to local 18.11 governments. 18.12 The board shall not reduce the amount 18.13 of the natural resources block grant to 18.14 a county by an amount equal to any 18.15 reduction in the county's general 18.16 services allocation to a soil and water 18.17 conservation district from the county's 18.18 previous year allocation unless the 18.19 board determines that the reduction was 18.20 disproportionate. 18.21 $2,700,000 the first year is for 18.22 wetland mitigation for local government 18.23 roads. The unencumbered balance in the 18.24 first year does not cancel and is 18.25 available for the second year. 18.26 $3,566,000 the first year and 18.27 $3,566,000 the second year are for 18.28 grants to soil and water conservation 18.29 districts for general purposes, 18.30 nonpoint engineering, and 18.31 implementation of the Reinvest in 18.32 Minnesota conservation reserve 18.33 program. Upon approval of the board, 18.34 expenditures may be made from these 18.35 appropriations for supplies and 18.36 services benefiting soil and water 18.37 conservation districts. 18.38 $3,320,000 the first year and 18.39 $3,320,000 the second year are for 18.40 grants to soil and water conservation 18.41 districts for cost-sharing contracts 18.42 for erosion control and water quality 18.43 management. Of this amount, at least 18.44 $1,500,000 the first year and 18.45 $1,500,000 the second year are for 18.46 grants for cost-sharing contracts for 18.47 water quality management on feedlots. 18.48 Any unencumbered balance in the board's 18.49 program of grants does not cancel at 18.50 the end of the first year and is 18.51 available for the second year for the 18.52 same grant program. 18.53 $100,000 the first year and $100,000 18.54 the second year are for a grant to the 18.55 Red River Basin Commission to develop a 18.56 Red River basin plan and to coordinate 18.57 water management activities in the 18.58 states and provinces bordering the Red 18.59 river. The unencumbered balance in the 18.60 first year does not cancel but is 18.61 available for the second year. 18.62 Sec. 7. SCIENCE MUSEUM 18.63 OF MINNESOTA 618,000 -0- 19.1 Sec. 8. MINNESOTA RESOURCES 19.2 Subdivision 1. Total 19.3 Appropriation 17,625,000 15,050,000 19.4 Summary by Fund 19.5 State Land and 19.6 Water Conservation 19.7 Account (LAWCON) 2,000,000 -0- 19.8 Environment and 19.9 Natural Resources 19.10 Trust Fund 15,050,000 15,050,000 19.11 Oil Overcharge 19.12 Money in the Special 19.13 Revenue Fund 519,000 -0- 19.14 Great Lakes 19.15 Protection Account 56,000 -0- 19.16 Appropriations from the oil overcharge 19.17 money in the special revenue fund and 19.18 Great Lakes protection account are 19.19 available for either year of the 19.20 biennium. 19.21 For appropriations from the environment 19.22 and natural resources trust fund, any 19.23 unencumbered balance remaining in the 19.24 first year does not cancel and is 19.25 available for the second year of the 19.26 biennium. 19.27 Unless otherwise provided, the amounts 19.28 in this section are available until 19.29 June 30, 2005, when projects must be 19.30 completed and final products delivered. 19.31 Subd. 2. Definitions 19.32 (a) "State Land and Water Conservation 19.33 Account (LAWCON)" means the state land 19.34 and water conservation account in the 19.35 natural resources fund. 19.36 (b) "Great Lakes protection account" 19.37 means the Great Lakes protection 19.38 account referred to in Minnesota 19.39 Statutes, section 116Q.02, subdivision 19.40 1. 19.41 (c) "Trust fund" means the Minnesota 19.42 environment and natural resources trust 19.43 fund referred to in Minnesota Statutes, 19.44 section 116P.02, subdivision 6. 19.45 (d) "Oil overcharge money" means the 19.46 money referred to in Minnesota 19.47 Statutes, section 4.071, subdivision 2. 19.48 Subd. 3. Administration 406,000 406,000 19.49 Summary by Fund 19.50 Trust Fund 406,000 406,000 19.51 (a) Legislative Commission on Minnesota 19.52 Resources 20.1 $326,000 the first year and $346,000 20.2 the second year are from the trust fund 20.3 for administration as provided in 20.4 Minnesota Statutes, section 116P.09, 20.5 subdivision 5. 20.6 (b) LCMR Study Commission on Park 20.7 Systems 20.8 $20,000 the first year is from the 20.9 trust fund to the legislative 20.10 commission on Minnesota resources to 20.11 evaluate the use of fees to assist the 20.12 financial stability and the potential 20.13 of fees to provide for self-sufficiency 20.14 in Minnesota's park systems, including 20.15 state parks, metropolitan regional 20.16 parks, and rural regional parks in 20.17 greater Minnesota. The study 20.18 commission will report to the chairs of 20.19 the senate and house environment 20.20 finance committees by February 16, 2004. 20.21 (c) Contract Administration 20.22 $60,000 the first year and $60,000 the 20.23 second year are from the trust fund to 20.24 the commissioner of natural resources 20.25 for contract administration activities 20.26 assigned to the commissioner in this 20.27 section. This appropriation is 20.28 available until June 30, 2006. 20.29 Subd. 4. Advisory Committee 23,000 22,000 20.30 Summary by Fund 20.31 Trust Fund 23,000 22,000 20.32 Citizen Advisory Committee for the 20.33 Trust Fund 20.34 $23,000 the first year and $22,000 the 20.35 second year are from the trust fund to 20.36 the legislative commission on Minnesota 20.37 resources for expenses of the citizen 20.38 advisory committee as provided in 20.39 Minnesota Statutes, section 116P.06. 20.40 Subd. 5. Fish and Wildlife 20.41 Habitat 6,466,000 6,467,000 20.42 Summary by Fund 20.43 Trust Fund 6,466,000 6,467,000 20.44 (a) Restoring Minnesota's Fish and 20.45 Wildlife Habitat Corridors - Phase II 20.46 $2,500,000 the first year and 20.47 $2,500,000 the second year are from the 20.48 trust fund to the commissioner of 20.49 natural resources for the second 20.50 biennium for acceleration of agency 20.51 programs and cooperative agreements 20.52 with Minnesota Deer Hunters 20.53 Association, Ducks Unlimited, Inc., 20.54 National Wild Turkey Federation, 20.55 Pheasants Forever, the Nature 20.56 Conservancy, Minnesota Land Trust, the 20.57 Trust for Public Land, Minnesota Valley 21.1 National Wildlife Refuge Trust, Inc., 21.2 U.S. Fish and Wildlife Service, U.S. 21.3 Bureau of Indian Affairs, Red Lake Band 21.4 of Chippewa, Leech Lake Band of 21.5 Chippewa, Fond du Lac Band of Chippewa, 21.6 USDA-Natural Resources Conservation 21.7 Service, and the board of water and 21.8 soil resources to plan, restore, and 21.9 acquire fragmented landscape corridors 21.10 that connect areas of quality habitat 21.11 to sustain fish, wildlife, and plants. 21.12 As part of the required work program, 21.13 criteria and priorities for planned 21.14 acquisition and restoration activities 21.15 must be submitted to the legislative 21.16 commission on Minnesota resources for 21.17 review and approval before expenditure. 21.18 Expenditures are limited to the 11 21.19 project areas as defined in the work 21.20 program. Land acquired with this 21.21 appropriation must be sufficiently 21.22 improved to meet at least minimum 21.23 habitat and facility management 21.24 standards as determined by the 21.25 commissioner of natural resources. 21.26 This appropriation may not be used for 21.27 the purchase of residential structures 21.28 unless expressly approved in the work 21.29 program. Any land acquired in fee 21.30 title by the commissioner of natural 21.31 resources with money from this 21.32 appropriation must be designated: (1) 21.33 as an outdoor recreation unit under 21.34 Minnesota Statutes, section 86A.07; or 21.35 (2) as provided in Minnesota Statutes, 21.36 sections 89.018, subdivision 2, 21.37 paragraph (a); 97A.101; 97A.125; 21.38 97C.001; and 97C.011. The commissioner 21.39 may so designate any lands acquired in 21.40 less than fee title. This 21.41 appropriation is available until June 21.42 30, 2006, at which time the project 21.43 must be completed and final products 21.44 delivered, unless an earlier date is 21.45 specified in the work program. 21.46 (b) Metropolitan Area Wildlife 21.47 Corridors 21.48 $2,500,000 the first year and 21.49 $2,500,000 the second year are from the 21.50 trust fund to the commissioner of 21.51 natural resources. $3,700,000 of this 21.52 appropriation is for acceleration of 21.53 agency programs and cooperative 21.54 agreements with the Trust for Public 21.55 Land, Ducks Unlimited, Inc., Friends of 21.56 the Mississippi River, Great River 21.57 Greening, Minnesota Land Trust, and 21.58 Minnesota Valley National Wildlife 21.59 Refuge Trust, Inc., for the purposes of 21.60 planning, improving, and protecting 21.61 important natural areas in the 21.62 metropolitan region, as defined by 21.63 Minnesota Statutes, section 473.121, 21.64 subdivision 2, through grants, 21.65 contracted services, conservation 21.66 easements, and fee acquisition. 21.67 $500,000 of this appropriation is for 21.68 an agreement with the city of Ramsey 21.69 for the Trott Brook Corridor 22.1 acquisition. $800,000 of this 22.2 appropriation is for an agreement with 22.3 the Rice Creek Watershed District for 22.4 Hardwood Creek acquisition and 22.5 restoration. Land acquired with this 22.6 appropriation must be sufficiently 22.7 improved to meet at least minimum 22.8 management standards as determined by 22.9 the commissioner of natural resources. 22.10 As part of the required work program, 22.11 criteria and priorities for planned 22.12 acquisition and restoration activities 22.13 must be submitted to the legislative 22.14 commission on Minnesota resources for 22.15 review and approval before 22.16 expenditure. Expenditures are limited 22.17 to the identified project areas as 22.18 defined in the work program. This 22.19 appropriation may not be used for the 22.20 purchase of residential structures 22.21 unless expressly approved in the work 22.22 program. Any land acquired in fee 22.23 title by the commissioner of natural 22.24 resources with money from this 22.25 appropriation must be designated: (1) 22.26 as an outdoor recreation unit under 22.27 Minnesota Statutes, section 86A.07; or 22.28 (2) as provided in Minnesota Statutes, 22.29 sections 89.018, subdivision 2, 22.30 paragraph (a); 97A.101; 97A.125; 22.31 97C.001; and 97C.011. The commissioner 22.32 may so designate any lands acquired in 22.33 less than fee title. This 22.34 appropriation is available until June 22.35 30, 2006, at which time the project 22.36 must be completed and final products 22.37 delivered, unless an earlier date is 22.38 specified in the work program. 22.39 (c) Restoring RIM Match 22.40 $200,000 the first year and $200,000 22.41 the second year are from the trust fund 22.42 to the commissioner of natural 22.43 resources for the RIM critical habitat 22.44 matching program to acquire and enhance 22.45 fish, wildlife, and native plant 22.46 habitat. Land acquired with this 22.47 appropriation must be sufficiently 22.48 improved to meet at least minimum 22.49 management standards as determined by 22.50 the commissioner of natural resources. 22.51 Up to $27,000 of this appropriation is 22.52 for matching nongame program activities. 22.53 (d) Acquisition and Development of 22.54 Scientific and Natural Areas 22.55 $300,000 the first year and $300,000 22.56 the second year are from the trust fund 22.57 to the commissioner of natural 22.58 resources to acquire and develop lands 22.59 with natural features of state 22.60 ecological or geological significance 22.61 in accordance with the scientific and 22.62 natural area program long-range plan. 22.63 Land acquired with this appropriation 22.64 must be sufficiently improved to meet 22.65 at least minimum management standards 22.66 as determined by the commissioner of 22.67 natural resources. 23.1 (e) Forest and Prairie Stewardship of 23.2 Public and Private Lands 23.3 $196,000 the first year and $196,000 23.4 the second year are from the trust fund 23.5 to the commissioner of natural 23.6 resources. $147,000 of this 23.7 appropriation is to develop stewardship 23.8 plans for private forested lands and 23.9 implement stewardship plans on a 23.10 cost-share basis. $245,000 of this 23.11 appropriation is to develop stewardship 23.12 plans on private prairie lands and 23.13 implement prairie management on public 23.14 and private lands. This appropriation 23.15 is available until June 30, 2006, at 23.16 which time the project must be 23.17 completed and final products delivered, 23.18 unless an earlier date is specified in 23.19 the work program. 23.20 (f) Local Initiative 23.21 Grants-Conservation Partners and 23.22 Environmental Partnerships 23.23 $315,000 the first year and $315,000 23.24 the second year are from the trust fund 23.25 to the commissioner of natural 23.26 resources for matching grants of up to 23.27 $20,000 to local government and private 23.28 organizations for enhancement, 23.29 research, and education associated with 23.30 natural habitat and environmental 23.31 service projects. This appropriation 23.32 is available until June 30, 2006, at 23.33 which time the project must be 23.34 completed and final products delivered, 23.35 unless an earlier date is specified in 23.36 the work program. 23.37 (g) Minnesota ReLeaf Community Forest 23.38 Development and Protection 23.39 $306,000 the first year and $307,000 23.40 the second year are from the trust fund 23.41 to the commissioner of natural 23.42 resources for acceleration of the 23.43 agency program and a cooperative 23.44 agreement with Tree Trust to protect 23.45 forest resources, develop 23.46 inventory-based management plans, and 23.47 provide matching grants to communities 23.48 to plant native trees. At least 23.49 $421,000 of this appropriation must be 23.50 used for grants to communities. For 23.51 the purposes of this paragraph, the 23.52 match must be a nonstate contribution, 23.53 but may be either cash or qualifying 23.54 in-kind. This appropriation is 23.55 available until June 30, 2006, at which 23.56 time the project must be completed and 23.57 final projects delivered, unless an 23.58 earlier date is specified in the work 23.59 program. 23.60 (h) Developing Pheromones for Use in 23.61 Carp Control 23.62 $50,000 the first year and $50,000 the 23.63 second year are from the trust fund to 23.64 the University of Minnesota for 24.1 research on new options for controlling 24.2 carp. This appropriation is available 24.3 until June 30, 2006, at which time the 24.4 project must be completed and final 24.5 products delivered, unless an earlier 24.6 date is specified in the work program. 24.7 (i) Biological Control of European 24.8 Buckthorn and Spotted Knapweed 24.9 $99,000 the first year and $99,000 the 24.10 second year are from the trust fund. 24.11 Of this amount, $54,000 the first year 24.12 and $55,000 the second year are to the 24.13 commissioner of natural resources for 24.14 research to evaluate potential insects 24.15 for biological control of invasive 24.16 European buckthorn species. $45,000 24.17 the first year and $44,000 the second 24.18 year are to the commissioner of 24.19 agriculture to assess the effectiveness 24.20 of spotted knapweed biological control 24.21 agents. This appropriation is 24.22 available until June 30, 2006, at which 24.23 time the project must be completed and 24.24 final products delivered, unless an 24.25 earlier date is specified in the work 24.26 program. 24.27 Subd. 6. Recreation 7,926,000 5,925,000 24.28 Summary by Fund 24.29 Trust Fund 5,926,000 5,925,000 24.30 State Land and Conservation 24.31 Account [LAWCON) 2,000,000 24.32 (a) State Park and Recreation Area Land 24.33 Acquisition 24.34 $750,000 the first year and $750,000 24.35 the second year are from the trust fund 24.36 to the commissioner of natural 24.37 resources to acquire in-holdings for 24.38 state park and recreation areas. Land 24.39 acquired with this appropriation must 24.40 be sufficiently improved to meet at 24.41 least minimum management standards as 24.42 determined by the commissioner of 24.43 natural resources. This appropriation 24.44 is available until June 30, 2006, at 24.45 which time the project must be 24.46 completed and final products delivered, 24.47 unless an earlier date is specified in 24.48 the work program. 24.49 (b) LAWCON Federal Reimbursements 24.50 $2,000,000 is from the state land and 24.51 water conservation account (LAWCON) in 24.52 the natural resources fund to the 24.53 commissioner of natural resources for 24.54 eligible state projects and 24.55 administrative and planning activities 24.56 consistent with Minnesota Statutes, 24.57 section 116P.14, and the federal Land 24.58 and Water Conservation Fund Act. This 24.59 appropriation is contingent upon 24.60 receipt of the federal obligation and 24.61 remains available until June 30, 2006, 25.1 at which time the project must be 25.2 completed and final products delivered, 25.3 unless an earlier date is specified in 25.4 the work program. 25.5 (c) Local Initiative Grants-Parks and 25.6 Natural Areas 25.7 $1,375,000 the first year and 25.8 $1,375,000 the second year are from the 25.9 trust fund to the commissioner of 25.10 natural resources for matching grants 25.11 to local governments for acquisition 25.12 and development of natural and scenic 25.13 areas and local parks as provided in 25.14 Minnesota Statutes, section 85.019, 25.15 subdivisions 2 and 4a, and regional 25.16 parks outside of the metropolitan 25.17 area. Grants may provide up to 50 25.18 percent of the nonfederal share of the 25.19 project cost, except nonmetropolitan 25.20 regional park grants may provide up to 25.21 60 percent of the nonfederal share of 25.22 the project cost. The commission will 25.23 monitor the grants for approximate 25.24 balance over extended periods of time 25.25 between the metropolitan area, under 25.26 Minnesota Statutes, section 473.121, 25.27 subdivision 2, and the nonmetropolitan 25.28 area through work program oversight and 25.29 periodic allocation decisions. For the 25.30 purposes of this paragraph, the match 25.31 must be a nonstate contribution, but 25.32 may be either cash or qualifying 25.33 in-kind. Recipients may receive 25.34 funding for more than one project in 25.35 any given grant period. This 25.36 appropriation is available until June 25.37 30, 2006, at which time the project 25.38 must be completed and final products 25.39 delivered. 25.40 (d) Metropolitan Regional Parks 25.41 Acquisition, Rehabilitation, and 25.42 Development 25.43 $1,670,000 the first year and 25.44 $1,669,000 the second year are from the 25.45 trust fund to the commissioner of 25.46 natural resources for an agreement with 25.47 the metropolitan council for subgrants 25.48 for the acquisition, development, and 25.49 rehabilitation in the metropolitan 25.50 regional park system, consistent with 25.51 the metropolitan council regional 25.52 recreation open space capital 25.53 improvement plan. This appropriation 25.54 may not be used for the purchase of 25.55 residential structures. This 25.56 appropriation may be used to reimburse 25.57 implementing agencies for acquisition 25.58 of nonresidential property as expressly 25.59 approved in the work program. This 25.60 appropriation is available until June 25.61 30, 2006, at which time the project 25.62 must be completed and final products 25.63 delivered, unless an earlier date is 25.64 specified in the work program. In 25.65 addition, if a project financed under 25.66 this program receives a federal grant, 25.67 the availability of the financing from 26.1 this paragraph for that project is 26.2 extended to equal the period of the 26.3 federal grant. 26.4 (e) Local and Regional Trail Grant 26.5 Initiative Program 26.6 $246,000 the first year and $246,000 26.7 the second year are from the trust fund 26.8 to the commissioner of natural 26.9 resources to provide matching grants to 26.10 local units of government for the cost 26.11 of acquisition, development, 26.12 engineering services, and enhancement 26.13 of existing and new trail facilities. 26.14 This appropriation is available until 26.15 June 30, 2006, at which time the 26.16 project must be completed and final 26.17 products delivered, unless an earlier 26.18 date is specified in the work program. 26.19 In addition, if a project financed 26.20 under this program receives a federal 26.21 grant, the availability of the 26.22 financing from this paragraph for that 26.23 project is extended to equal the period 26.24 of the federal grant. 26.25 (f) Gitchi-Gami State Trail 26.26 $650,000 the first year and $650,000 26.27 the second year are from the trust fund 26.28 to the commissioner of natural 26.29 resources, in cooperation with the 26.30 Gitchi-Gami Trail Association, for the 26.31 third biennium, to design and construct 26.32 approximately five miles of Gitchi-Gami 26.33 state trail segments. This 26.34 appropriation must be matched by at 26.35 least $400,000 of nonstate money. The 26.36 availability of the financing from this 26.37 paragraph is extended to equal the 26.38 period of any federal money received. 26.39 (g) Water Recreation: Boat Access, 26.40 Fishing Piers, and Shore-fishing 26.41 $750,000 the first year and $750,000 26.42 the second year are from the trust fund 26.43 to the commissioner of natural 26.44 resources to acquire and develop public 26.45 water access sites statewide, construct 26.46 shore-fishing and pier sites, and 26.47 restore shorelands at public accesses. 26.48 This appropriation is available until 26.49 June 30, 2006, at which time the 26.50 project must be completed and final 26.51 products delivered, unless an earlier 26.52 date is specified in the work program. 26.53 (h) Mesabi Trail 26.54 $190,000 the first year and $190,000 26.55 the second year are from the trust fund 26.56 to the commissioner of natural 26.57 resources for an agreement with St. 26.58 Louis and Lake Counties Regional Rail 26.59 Authority for the sixth biennium to 26.60 acquire and develop segments of the 26.61 Mesabi trail. If a federal grant is 26.62 received, the availability of the 26.63 financing from this paragraph is 27.1 extended to equal the period of the 27.2 federal grant. 27.3 (i) Development and Rehabilitation of 27.4 Minnesota Shooting Ranges 27.5 $120,000 the first year and $120,000 27.6 the second year are from the trust fund 27.7 to the commissioner of natural 27.8 resources to provide technical 27.9 assistance and matching cost-share 27.10 grants to local recreational shooting 27.11 and archery clubs for the purpose of 27.12 developing or rehabilitating shooting 27.13 and archery facilities for public use. 27.14 Recipient facilities must be open to 27.15 the general public at reasonable times 27.16 and for a reasonable fee on a walk-in 27.17 basis. This appropriation is available 27.18 until June 30, 2006, at which time the 27.19 project must be completed and final 27.20 products delivered, unless an earlier 27.21 date is specified in the work program. 27.22 (j) Land Acquisition, Minnesota 27.23 Landscape Arboretum 27.24 $175,000 the first year and $175,000 27.25 the second year are from the trust fund 27.26 to the University of Minnesota for an 27.27 agreement with the University of 27.28 Minnesota Landscape Arboretum 27.29 Foundation for the fifth biennium to 27.30 acquire in-holdings within the 27.31 arboretum's boundary. This 27.32 appropriation must be matched by an 27.33 equal amount of nonstate money. This 27.34 appropriation is available until June 27.35 30, 2006, at which time the project 27.36 must be completed and final products 27.37 delivered, unless an earlier date is 27.38 specified in the work program. 27.39 Subd. 7. Water Resources 998,000 942,000 27.40 Summary by Fund 27.41 Trust Fund 942,000 942,000 27.42 Great Lakes Protection 27.43 Account 56,000 27.44 (a) Local Water Planning Matching 27.45 Challenge Grants 27.46 $222,000 the first year and $222,000 27.47 the second year are from the trust fund 27.48 and $56,000 is from the Great Lakes 27.49 protection account to the board of 27.50 water and soil resources to accelerate 27.51 the local water planning challenge 27.52 grant program under Minnesota Statutes, 27.53 sections 103B.3361 to 103B.3369, 27.54 through matching grants to implement 27.55 high-priority activities in 27.56 comprehensive water management plans, 27.57 plan development guidance, and regional 27.58 resource assessments. For the purposes 27.59 of this paragraph, the match must be a 27.60 nonstate contribution, but may be 27.61 either cash or qualifying in-kind. 28.1 This appropriation is available until 28.2 June 30, 2006, at which time the 28.3 project must be completed and final 28.4 products delivered, unless an earlier 28.5 date is specified in the work program. 28.6 (b) Accelerating and Enhancing Surface 28.7 Water Monitoring for Lakes and Streams 28.8 $370,000 the first year and $370,000 28.9 the second year are from the trust fund 28.10 to the commissioner of the pollution 28.11 control agency for acceleration of 28.12 agency programs and cooperative 28.13 agreements with the Minnesota Lakes 28.14 Association, Rivers Council of 28.15 Minnesota, the Minnesota Initiative 28.16 Foundation, and the University of 28.17 Minnesota to accelerate monitoring 28.18 efforts through assessments, citizen 28.19 training, and implementation grants. 28.20 This appropriation is available until 28.21 June 30, 2006, at which time the 28.22 project must be completed and final 28.23 products delivered, unless an earlier 28.24 date is specified in the work program. 28.25 (c) TAPwaters: Technical Assistance 28.26 Program for Watersheds 28.27 $80,000 the first year and $80,000 the 28.28 second year are from the trust fund to 28.29 the commissioner of natural resources 28.30 for an agreement with the Science 28.31 Museum of Minnesota to assess the St. 28.32 Croix river and its tributaries to 28.33 identify solutions to pollution 28.34 threats. This appropriation is 28.35 available until June 30, 2006, at which 28.36 time the project must be completed and 28.37 final products delivered, unless an 28.38 earlier date is specified in the work 28.39 program. 28.40 (d) Wastewater Phosphorus Control and 28.41 Reduction Initiative 28.42 $270,000 the first year and $270,000 28.43 the second year are from the trust fund 28.44 to the commissioner of the pollution 28.45 control agency to study human causes of 28.46 excess phosphorus and for cooperation 28.47 and an agreement with the Minnesota 28.48 environmental science and economic 28.49 review board to assess phosphorus 28.50 reduction techniques at wastewater 28.51 treatment plants. 28.52 Subd. 8. Land Use and Natural 28.53 Resource Information 691,000 691,000 28.54 Summary by Fund 28.55 Trust Fund 691,000 691,000 28.56 (a) Minnesota County Biological Survey 28.57 $450,000 the first year and $450,000 28.58 the second year are from the trust fund 28.59 to the commissioner of natural 28.60 resources for the ninth biennium to 29.1 accelerate the survey that identifies 29.2 significant natural areas and 29.3 systematically collects and interprets 29.4 data on the distribution and ecology of 29.5 native plant communities, rare plants, 29.6 and rare animals. 29.7 (b) Updating Outmoded Soil Survey 29.8 $118,000 the first year and $118,000 29.9 the second year are from the trust fund 29.10 to the board of water and soil to 29.11 continue updating and digitizing 29.12 outmoded soil surveys in Fillmore, 29.13 Goodhue, Dodge, and Wabasha counties in 29.14 southeast Minnesota. Participating 29.15 counties must provide a cost share as 29.16 reflected in the work program. This 29.17 appropriation is available until June 29.18 30, 2006, at which time the project 29.19 must be completed and final products 29.20 delivered, unless an earlier date is 29.21 specified in the work program. 29.22 (c) Mesabi Iron Range Geologic and 29.23 Hydrologic Map and Databases 29.24 $123,000 the first year and $123,000 29.25 the second year are from the trust 29.26 fund. $58,000 the first year and 29.27 $57,000 the second year of this 29.28 appropriation are to the commissioner 29.29 of natural resources to develop a 29.30 database of hydrogeologic data across 29.31 the Mesabi iron range. $65,000 the 29.32 first year and $66,000 the second year 29.33 are to the Minnesota geological survey 29.34 at the University of Minnesota for 29.35 geologic and hydrogeologic maps of the 29.36 Mesabi iron range. 29.37 Subd. 9. Energy 644,000 125,000 29.38 Summary by Fund 29.39 Trust Fund 125,000 125,000 29.40 Oil Overcharge 29.41 Money 519,000 -0- 29.42 (a) Community Energy Development 29.43 Program 29.44 $519,000 is from the oil overcharge 29.45 money to the commissioner of 29.46 administration for transfer to the 29.47 commissioner of commerce to assist 29.48 communities in identifying 29.49 cost-effective energy projects and 29.50 developing locally owned wind energy 29.51 projects through local wind resource 29.52 assessment and financial assistance. 29.53 (b) Advancing Utilization of Manure 29.54 Methane Digester Electrical Generation 29.55 $125,000 the first year and $125,000 29.56 the second year are from the trust fund 29.57 to the commissioner of agriculture to 29.58 maximize use of manure methane 29.59 digesters by identifying compatible 30.1 waste streams and the feasibility of 30.2 microturbine and fuel cell technologies. 30.3 Subd. 10. Environmental Education 189,000 189,000 30.4 Summary by Fund 30.5 Trust Fund 189,000 189,000 30.6 (a) Dodge Nature Center - Restoration 30.7 Plan 30.8 $41,000 the first year and $42,000 the 30.9 second year are from the trust fund to 30.10 the commissioner of natural resources 30.11 for an agreement with Dodge Nature 30.12 Center for restoration and restoration 30.13 planning. 30.14 (b) Bucks and Buckthorn: Engaging 30.15 Young Hunters in Restoration 30.16 $148,000 the first year and $147,000 30.17 the second year are from the trust fund 30.18 to the commissioner of natural 30.19 resources for agreements with Great 30.20 River Greening, Minnesota Deer Hunters 30.21 Association, and the St. Croix 30.22 Watershed Research Station for a pilot 30.23 program linking hunting and habitat 30.24 restoration opportunities for youth. 30.25 Subd. 11. Children's Environmental 30.26 Health 282,000 283,000 30.27 Summary by Fund 30.28 Trust Fund 282,000 283,000 30.29 (a) Healthy Schools: Indoor Air 30.30 Quality and Asthma Management 30.31 $87,000 the first year and $88,000 the 30.32 second year are from the trust fund to 30.33 the commissioner of health to assist 30.34 school districts with developing and 30.35 implementing effective indoor air 30.36 quality and asthma management plans. 30.37 (b) Economic-based Analysis of 30.38 Children's Environmental Health Risks 30.39 $45,000 the first year and $45,000 the 30.40 second year are from the trust fund to 30.41 the commissioner of health to assess 30.42 economic strategies for children's 30.43 environmental health risks. 30.44 (c) Continuous Indoor Air Quality 30.45 Monitoring in Minnesota Schools 30.46 $150,000 the first year and $150,000 30.47 the second year are from the trust fund 30.48 to the commissioner of natural 30.49 resources for an agreement with Schulte 30.50 Associates, LLC to provide continuous, 30.51 real-time indoor air quality monitoring 30.52 in selected schools. 30.53 Subd. 12. Data Availability 30.54 Requirements 31.1 (a) During the biennium ending June 30, 31.2 2005, data collected by the projects 31.3 funded under this section that have 31.4 value for planning and management of 31.5 natural resource, emergency 31.6 preparedness, and infrastructure 31.7 investments must conform to the 31.8 enterprise information architecture 31.9 developed by the office of technology. 31.10 Spatial data must conform to geographic 31.11 information system guidelines and 31.12 standards outlined in that architecture 31.13 and adopted by the Minnesota geographic 31.14 data clearinghouse at the land 31.15 management information center. A 31.16 description of these data must be made 31.17 available on-line through the 31.18 clearinghouse, and the data themselves 31.19 must be accessible and free to the 31.20 public unless made private under the 31.21 Data Practices Act, Minnesota Statutes, 31.22 chapter 13. 31.23 (b) To the extent practicable, summary 31.24 data and results of projects funded 31.25 under this section should be readily 31.26 accessible on the Internet. 31.27 (c) As part of project expenditures, 31.28 recipients of land acquisition 31.29 appropriations must provide the 31.30 information necessary to update public 31.31 recreation information maps to the 31.32 department of natural resources in the 31.33 specified form. 31.34 Subd. 13. Project Requirements 31.35 It is a condition of acceptance of the 31.36 appropriations in this section that any 31.37 agency or entity receiving the 31.38 appropriation must comply with 31.39 Minnesota Statutes, chapter 116P, and 31.40 vegetation planted must be native to 31.41 Minnesota and preferably of the local 31.42 ecotype unless the work program 31.43 approved by the commission expressly 31.44 allows the planting of species that are 31.45 not native to Minnesota. 31.46 Subd. 14. Match Requirements 31.47 Unless specifically authorized, 31.48 appropriations in this section that 31.49 must be matched and for which the match 31.50 has not been committed by December 31, 31.51 2003, are canceled, and in-kind 31.52 contributions may not be counted as 31.53 matching funds. 31.54 Subd. 15. Payment Conditions and 31.55 Capital Equipment Expenditures 31.56 All agreements, grants, or contracts 31.57 referred to in this section must be 31.58 administered on a reimbursement basis. 31.59 Notwithstanding Minnesota Statutes, 31.60 section 16A.41, expenditures made on or 31.61 after July 1, 2003, or the date the 31.62 work program is approved, whichever is 31.63 later, are eligible for reimbursement 32.1 unless otherwise provided in this 32.2 section. Payment must be made upon 32.3 receiving documentation that 32.4 project-eligible reimbursable amounts 32.5 have been expended, except that 32.6 reasonable amounts may be advanced to 32.7 projects in order to accommodate cash 32.8 flow needs. The advances must be 32.9 approved as part of the work program. 32.10 No expenditures for capital equipment 32.11 or lobbying expenses are allowed unless 32.12 expressly authorized in the project 32.13 work program. 32.14 Subd. 16. Purchase of Recycled and 32.15 Recyclable Materials 32.16 A political subdivision, public or 32.17 private corporation, or other entity 32.18 that receives an appropriation in this 32.19 section must use the appropriation in 32.20 compliance with Minnesota Statutes, 32.21 sections 16B.121 and 16B.122, requiring 32.22 the purchase of recycled, repairable, 32.23 and durable materials; the purchase of 32.24 uncoated paper stock; and the use of 32.25 soy-based ink, the same as if it were a 32.26 state agency. 32.27 Subd. 17. Energy Conservation 32.28 A recipient to whom an appropriation is 32.29 made in this section for a capital 32.30 improvement project shall ensure that 32.31 the project complies with the 32.32 applicable energy conservation 32.33 standards contained in law, including 32.34 Minnesota Statutes, sections 216C.19 32.35 and 216C.20, and rules adopted 32.36 thereunder. The recipient may use the 32.37 energy planning, advocacy, and state 32.38 energy office units of the department 32.39 of commerce to obtain information and 32.40 technical assistance on energy 32.41 conservation and alternative energy 32.42 development relating to the planning 32.43 and construction of the capital 32.44 improvement project. 32.45 Subd. 18. Accessibility 32.46 Structural and nonstructural facilities 32.47 must meet the design standards in the 32.48 Americans with Disability Act (ADA) 32.49 accessibility guidelines. 32.50 Subd. 19. Carryforward 32.51 (a) The availability of the 32.52 appropriations for the following 32.53 projects is extended to June 30, 2004: 32.54 Laws 2001, First Special Session 32.55 chapter 2, section 14, subdivision 4, 32.56 paragraph (b), state fish hatchery 32.57 rehabilitation, paragraph (c), 32.58 enhancing Canada goose hunting and 32.59 management; subdivision 5, paragraph 32.60 (g), McQuade small craft harbor, 32.61 paragraph (i), Gateway trail bridge, 32.62 paragraph (k), Gitchi-Gami state trail, 32.63 paragraph (p), state park and 33.1 recreation area acquisition, paragraph 33.2 (q), LAWCON; subdivision 6, paragraph 33.3 (d), determination of fecal pollution 33.4 sources in Minnesota; subdivision 7, 33.5 paragraph (e), Lake Superior Lakewide 33.6 Management Plan (LaMP); subdivision 8, 33.7 paragraph (b), agricultural land 33.8 preservation, paragraph (d), 33.9 accelerated technology transfer for 33.10 starch-based plastics; and subdivision 33.11 9, improving air quality by using 33.12 biodiesel in generators. 33.13 (b) The availability of the 33.14 appropriation from the trust fund for 33.15 the following project is extended to 33.16 June 30, 2004: Laws 2001, First 33.17 Special Session chapter 2, section 14, 33.18 subdivision 3, paragraph (a), 33.19 legislative commission on Minnesota 33.20 resources. During the 2004-2005 33.21 biennium the legislative commission on 33.22 Minnesota resources is not subject to 33.23 the limitation on uses of funds 33.24 provided under Minnesota Statutes, 33.25 section 16A.281. 33.26 (c) The availability of the 33.27 appropriation for the following project 33.28 is extended to June 30, 2005: Laws 33.29 2001, First Special Session chapter 2, 33.30 section 14, subdivision 7, paragraph 33.31 (a), hydraulic impacts of quarries and 33.32 gravel pits. 33.33 Subd. 20. Future Resources Funds 33.34 Minnesota future resources fund 33.35 appropriations remaining from 33.36 appropriations in Laws 1999, chapter 33.37 231, section 16; and Laws 2001, First 33.38 Special Session chapter 2, section 14, 33.39 as amended in subdivision 19 are 33.40 continued to the date of their 33.41 availability in law. 33.42 Any projects with dollars appropriated 33.43 from the Minnesota future resources 33.44 fund prior to July 1, 2003, continue to 33.45 be subject to the requirements of 33.46 Minnesota Statutes, chapter 116P. 33.47 Sec. 9. [TRANSFER.] 33.48 The commissioner of the pollution control agency shall 33.49 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 33.50 July 30, 2004, from the unreserved balance of the environmental 33.51 fund to the commissioner of finance for cancellation to the 33.52 general fund. 33.53 Sec. 10. Minnesota Statutes 2002, section 17.4988, is 33.54 amended to read: 33.55 17.4988 [LICENSE AND INSPECTION FEES.] 33.56 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 34.1 license must be issued by the commissioner if the requirements 34.2 of law are met and the license and permit fees specified in this 34.3 section are paid. 34.4 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 34.5 an aquatic farming license is$70$210. 34.6 (b) The aquatic farming license may contain endorsements 34.7 for the rights and privileges of the following licenses under 34.8 the game and fish laws. The endorsement must be made upon 34.9 payment of the license fee prescribed in section 97A.475 for the 34.10 following licenses: 34.11 (1) minnow dealer license; 34.12 (2) minnow retailer license for sale of minnows as bait; 34.13 (3) minnow exporting license; 34.14 (4) aquatic farm vehicle endorsement, which includes a 34.15 minnow dealer vehicle license, a minnow retailer vehicle 34.16 license, an exporting minnow vehicle license, and a fish vendor 34.17 license; 34.18 (5) sucker egg taking license; and 34.19 (6) game fish packers license. 34.20 Subd. 3. [INSPECTION FEES.] The fees for the following 34.21 inspections are: 34.22 (1) initial inspection of each water to be licensed, $50; 34.23 (2) fish health inspection and certification,$20$60 plus 34.24$100$150 per lot thereafter; and 34.25 (3) initial inspection for containment and quarantine 34.26 facility inspections,$50$100. 34.27 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 34.28 commercial aquarium facility must have a commercial aquarium 34.29 facility license issued by the commissioner if the facility 34.30 contains species of aquatic life that are for sale and that are 34.31 present in waters of the state. The commissioner may require an 34.32 aquarium facility license for aquarium facilities importing or 34.33 holding species of aquatic life that are for sale and that are 34.34 not present in Minnesota if those species can survive in waters 34.35 of the state. The fee for an aquarium facility license 34.36 is$19$90. 35.1 (b) Game fish transferred by an aquarium facility must be 35.2 accompanied by a receipt containing the information required on 35.3 a shipping document by section 17.4985, subdivision 3, paragraph 35.4 (b). 35.5 [EFFECTIVE DATE.] This section is effective March 1, 2004. 35.6 Sec. 11. Minnesota Statutes 2002, section 84.027, 35.7 subdivision 13, is amended to read: 35.8 Subd. 13. [GAME AND FISH RULES.] (a) The commissioner of 35.9 natural resources may adopt rules under sections 97A.0451 to 35.10 97A.0459 and this subdivision that are authorized under: 35.11 (1) chapters 97A, 97B, and 97C to set open seasons and 35.12 areas, to close seasons and areas, to select hunters for areas, 35.13 to provide for tagging and registration of game, to prohibit or 35.14 allow taking of wild animals to protect a species, to prevent or 35.15 control wildlife disease, and to prohibit or allow importation, 35.16 transportation, or possession of a wild animal; 35.17 (2) sections 84.093, 84.15, and 84.152 to set seasons for 35.18 harvesting wild ginseng roots and wild rice and to restrict or 35.19 prohibit harvesting in designated areas; and 35.20 (3) section 84D.12 to designate prohibited exotic species, 35.21 regulated exotic species, unregulated exotic species, and 35.22 infested waters. 35.23 (b) If conditions exist that do not allow the commissioner 35.24 to comply with sections 97A.0451 to 97A.0459, the commissioner 35.25 may adopt a rule under this subdivision by submitting the rule 35.26 to the attorney general for review under section 97A.0455, 35.27 publishing a notice in the State Register and filing the rule 35.28 with the secretary of state and the legislative coordinating 35.29 commission, and complying with section 97A.0459, and including a 35.30 statement of the emergency conditions and a copy of the rule in 35.31 the notice. The notice may be published after it is received 35.32 from the attorney general or five business days after it is 35.33 submitted to the attorney general, whichever is earlier. 35.34 (c) Rules adopted under paragraph (b) are effective upon 35.35 publishing in the State Register and may be effective up to 35.36 seven days before publishing and filing under paragraph (b), if: 36.1 (1) the commissioner of natural resources determines that 36.2 an emergency exists; 36.3 (2) the attorney general approves the rule; and 36.4 (3) for a rule that affects more than three counties the 36.5 commissioner publishes the rule once in a legal newspaper 36.6 published in Minneapolis, St. Paul, and Duluth, or for a rule 36.7 that affects three or fewer counties the commissioner publishes 36.8 the rule once in a legal newspaper in each of the affected 36.9 counties. 36.10 (d) Except as provided in paragraph (e), a rule published 36.11 under paragraph (c), clause (3), may not be effective earlier 36.12 than seven days after publication. 36.13 (e) A rule published under paragraph (c), clause (3), may 36.14 be effective the day the rule is published if the commissioner 36.15 gives notice and holds a public hearing on the rule within 15 36.16 days before publication. 36.17 (f) The commissioner shall attempt to notify persons or 36.18 groups of persons affected by rules adopted under paragraphs (b) 36.19 and (c) by public announcements, posting, and other appropriate 36.20 means as determined by the commissioner. 36.21 (g) Notwithstanding section 97A.0458, a rule adopted under 36.22 this subdivision is effective for the period stated in the 36.23 notice but not longer than 18 months after the rule is adopted. 36.24 Sec. 12. Minnesota Statutes 2002, section 84.029, 36.25 subdivision 1, is amended to read: 36.26 Subdivision 1. [ESTABLISHMENT, DEVELOPMENT, MAINTENANCE 36.27 AND OPERATION.] In addition to other lawful authority, the 36.28 commissioner of natural resources may establish, develop, 36.29 maintain, and operate recreational areas, including but not 36.30 limited to trails and canoe routes, for the use and enjoyment of 36.31 the public on any state-owned or leased land under the 36.32 commissioner's jurisdiction.Each employee of the department of36.33natural resources, while engaged in employment in connection36.34with such recreational areas, has and possesses the authority36.35and power of a peace officer when so designated by the36.36commissionerThe commissioner may employ and designate 37.1 individuals according to section 85.04 to enforce laws governing 37.2 the use of recreational areas. 37.3 Sec. 13. Minnesota Statutes 2002, section 84.085, 37.4 subdivision 1, is amended to read: 37.5 Subdivision 1. [AUTHORITY.] (a) The commissioner of 37.6 natural resources may accept for and on behalf of the state any 37.7 gift, bequest, devise, or grants of lands or interest in lands 37.8 or personal property of any kind or of money tendered to the 37.9 state for any purpose pertaining to the activities of the 37.10 department or any of its divisions. Any money so received is 37.11 hereby appropriated and dedicated for the purpose for which it 37.12 is granted. Lands and interests in lands so received may be 37.13 sold or exchanged as provided in chapter 94. 37.14 (b) The commissioner of natural resources, on behalf of the 37.15 state, may accept and use grants of money or property from the 37.16 United States or other grantors for conservation purposes not 37.17 inconsistent with the laws of this state. Any money or property 37.18 so received is hereby appropriated and dedicated for the 37.19 purposes for which it is granted, and shall be expended or used 37.20 solely for such purposes in accordance with the federal laws and 37.21 regulations pertaining thereto, subject to applicable state laws 37.22 and rules as to manner of expenditure or use providing that the 37.23 commissioner may make subgrants of any money received to other 37.24 agencies, units of local government, private individuals, 37.25 private organizations, and private nonprofit corporations. 37.26 Appropriate funds and accounts shall be maintained by the 37.27 commissioner of finance to secure compliance with this section. 37.28 (c) The commissioner may accept for and on behalf of the 37.29 permanent school fund a donation of lands, interest in lands, or 37.30 improvements on lands. A donation so received shall become 37.31 state property, be classified as school trust land as defined in 37.32 section 92.025, and be managed consistent with section 127A.31. 37.33 Sec. 14. Minnesota Statutes 2002, section 84.091, 37.34 subdivision 2, is amended to read: 37.35 Subd. 2. [LICENSE REQUIRED; EXCEPTION.] (a) Except as 37.36 provided in paragraph (b), a person may not harvest, buy, sell, 38.1 transport, or possess aquatic plants without a license required 38.2 under this chapter. A license shall be issued in the same 38.3 manner as provided under the game and fish laws. 38.4 (b) A resident under the age of1618 years may harvest 38.5 wild rice without a license, if accompanied by a person with a 38.6 wild rice license. 38.7 [EFFECTIVE DATE.] This section is effective March 1, 2004. 38.8 Sec. 15. Minnesota Statutes 2002, section 84.091, 38.9 subdivision 3, is amended to read: 38.10 Subd. 3. [LICENSE FEES.] (a) The fees for the following 38.11 licenses, to be issued to residents only, are: 38.12 (1) for harvesting wild rice, $12.50: 38.13 (i) for a season, $25; and 38.14 (ii) for one day, $15; 38.15 (2) for buying and selling wild ginseng, $5; 38.16 (3) for a wild rice dealer's license to buy and sell 50,000 38.17 pounds or less, $70; and 38.18 (4) for a wild rice dealer's license to buy and sell more 38.19 than 50,000 pounds, $250. 38.20 (b) The fee for a nonresident one-day license to harvest 38.21 wild rice is $30. 38.22 (c) The weight of the wild rice shall be determined in its 38.23 raw state. 38.24 [EFFECTIVE DATE.] This section is effective March 1, 2004. 38.25 Sec. 16. Minnesota Statutes 2002, section 84.0911, is 38.26 amended to read: 38.27 84.0911 [WILD RICE MANAGEMENT ACCOUNT.] 38.28 Subdivision 1. [ESTABLISHMENTACCOUNT ESTABLISHED.] The 38.29 wild rice management account is established as an account in the 38.30state treasurygame and fish fund. 38.31 Subd. 2. [RECEIPTS.] Money received from the sale of wild 38.32 rice licenses issued by the commissioner under section 84.091, 38.33 subdivision 3, paragraph (a), clauses (1)and, (3), and (4), and 38.34 subdivision 3, paragraph (b), shall be credited to the wild rice 38.35 management account. 38.36 Subd. 3. [USE OF MONEY IN ACCOUNT.](a)Money in the wild 39.1 rice management accountshall be used byis annually 39.2 appropriated to the commissioner and shall be used for 39.3 management of designated public waters to improve natural wild 39.4 rice production. 39.5(b) Money that is not appropriated from the wild rice39.6management account does not cancel but shall remain in the wild39.7rice management account until appropriated.39.8 Sec. 17. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 39.9 CONSERVATION GRANT PROGRAM.] 39.10 Subdivision 1. [CREATION; DEFINITION.] (a) For the 39.11 purposes of this section, "off-highway vehicle" means: 39.12 (1) an off-highway motorcycle as defined under section 39.13 84.787, subdivision 7; 39.14 (2) an off-road vehicle as defined under section 84.797, 39.15 subdivision 7; or 39.16 (3) an all-terrain vehicle as defined under section 84.92, 39.17 subdivision 8. 39.18 (b) The commissioner of natural resources shall establish 39.19 an off-highway vehicle safety and conservation grant program to 39.20 award grants to organizations that meet the eligibility 39.21 requirements under subdivision 3. 39.22 Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle 39.23 safety and conservation grant program is to encourage 39.24 off-highway vehicle clubs to assist in safety and environmental 39.25 education and in improving, maintaining, and monitoring trails 39.26 on state forest land and other public lands. 39.27 Subd. 3. [ELIGIBILITY.] To be eligible for a grant under 39.28 this section, an organization must: 39.29 (1) be a statewide organization that has been in existence 39.30 at least five years and that promotes the operation of 39.31 off-highway vehicles in a manner that is safe, responsible, and 39.32 does not harm the environment; 39.33 (2) promote the operation of off-highway vehicles in a 39.34 manner that does not conflict with the laws and rules that 39.35 relate to the operation of off-highway vehicles; 39.36 (3) have an interest limited to the operation of motorized 40.1 vehicles on motorized trails and other designated areas; 40.2 (4) have a board of directors that has 80 percent of its 40.3 members who are representatives of all-terrain vehicle clubs, 40.4 off-highway motorcycle clubs, or off-road vehicle clubs; and 40.5 (5) provide support to off-highway vehicle clubs. 40.6 Subd. 4. [USE OF GRANTS.] An organization receiving a 40.7 grant under this section shall use the grant money to promote 40.8 and provide support to the department of natural resources by: 40.9 (1) encouraging off-highway vehicle clubs to assist in 40.10 improving, maintaining, and monitoring trails on state forest 40.11 land and other public lands; 40.12 (2) providing assistance to the department in locating, 40.13 recruiting, and training instructors; 40.14 (3) assisting the commissioner and the director of tourism 40.15 in creating an outreach program to inform local communities of 40.16 appropriate off-highway vehicle use in their communities and of 40.17 the economic benefits that may be gained from promoting tourism 40.18 to attract off-highway vehicles; 40.19 (4) publishing a manual in cooperation with the 40.20 commissioner that will be used to train volunteers in monitoring 40.21 the operation of off-highway vehicles for safety, environmental, 40.22 and other issues that relate to the responsible operation of 40.23 off-highway vehicles; and 40.24 (5) collecting data on the operation of off-highway 40.25 vehicles in the state. 40.26 Sec. 18. Minnesota Statutes 2002, section 84.788, 40.27 subdivision 2, is amended to read: 40.28 Subd. 2. [EXEMPTIONS.] Registration is not required for 40.29 off-highway motorcycles: 40.30 (1) owned and used by the United States, the state, another 40.31 state, or a political subdivision; 40.32 (2) registered in another state or country that have not 40.33 been within this state for more than 30 consecutive days; or 40.34 (3)used exclusively in organized track racing events;40.35(4) being used on private land with the permission of the40.36landowner; or41.1(5)registered under chapter 168, when operated on forest 41.2 roads to gain access to a state forest campground. 41.3 Sec. 19. Minnesota Statutes 2002, section 84.788, 41.4 subdivision 3, is amended to read: 41.5 Subd. 3. [APPLICATION; ISSUANCE; REPORTS.] (a) Application 41.6 for registration or continued registration must be made to the 41.7 commissioner or an authorized deputy registrar of motor vehicles 41.8 in a form prescribed by the commissioner. The form must state 41.9 the name and address of every owner of the off-highway 41.10 motorcycle. 41.11 (b) A person who purchases from a retail dealer an 41.12 off-highway motorcyclethat is intended to be operated on public41.13lands or watersshall make application for registration to the 41.14 dealer at the point of sale. The dealer shall issue a temporary 41.15 ten-day registration permit to each purchaser who applies to the 41.16 dealer for registration. The dealer shall submit the completed 41.17 registration applications and fees to the deputy registrar at 41.18 least once each week. No fee may be charged by a dealer to a 41.19 purchaser for providing the temporary permit. 41.20 (c) Upon receipt of the application and the appropriate 41.21 fee, the commissioner or deputy registrar shall issue to the 41.22 applicant, or provide to the dealer, a 60-day temporary receipt 41.23 and shall assign a registration number that must be affixed to 41.24 the motorcycle in a manner prescribed by the commissioner. A 41.25 dealer subject to paragraph (b) shall provide the registration 41.26 materials and temporary receipt to the purchaser within the 41.27 ten-day temporary permit period. 41.28 (d) The commissioner shall develop a registration system to 41.29 register vehicles under this section. A deputy registrar of 41.30 motor vehicles acting under section 168.33, is also a deputy 41.31 registrar of off-highway motorcycles. The commissioner of 41.32 natural resources in agreement with the commissioner of public 41.33 safety may prescribe the accounting and procedural requirements 41.34 necessary to ensure efficient handling of registrations and 41.35 registration fees. Deputy registrars shall strictly comply with 41.36 the accounting and procedural requirements. A fee of $2 in 42.1 addition to other fees prescribed by law is charged for each 42.2 off-highway motorcycle registered by: 42.3 (1) a deputy registrar and must be deposited in the 42.4 treasury of the jurisdiction where the deputy is appointed, or 42.5 kept if the deputy is not a public official; or 42.6 (2) the commissioner and must be deposited in the state 42.7 treasury and credited to the off-highway motorcycle account. 42.8 Sec. 20. Minnesota Statutes 2002, section 84.794, 42.9 subdivision 2, is amended to read: 42.10 Subd. 2. [PURPOSES.] (a) Subject to appropriation by the 42.11 legislature, money in the off-highway motorcycle account may 42.12 only be spent for: 42.13 (1) administration, enforcement, and implementation of 42.14 sections 84.787 to 84.796; 42.15 (2) acquisition, maintenance, and development of 42.16 off-highway motorcycle trails and use areas;and42.17 (3) grants-in-aid to counties and municipalities to 42.18 construct and maintain off-highway motorcycle trails and use 42.19 areas; and 42.20 (4) enforcement and public education grants to local law 42.21 enforcement agencies. 42.22 (b) The distribution of funds made available for 42.23 grants-in-aid must be guided by the statewide comprehensive 42.24 outdoor recreation plan. 42.25 Sec. 21. Minnesota Statutes 2002, section 84.803, 42.26 subdivision 2, is amended to read: 42.27 Subd. 2. [PURPOSES.] Subject to appropriation by the 42.28 legislature, money in the off-road vehicle account may only be 42.29 spent for: 42.30 (1) administration, enforcement, and implementation of 42.31 sections 84.797 to 84.805 and Laws 1993, chapter 311, article 2, 42.32 section 18; 42.33 (2) acquisition, maintenance, and development of off-road 42.34 vehicle trails and use areas; 42.35 (3) grant-in-aid programs to counties and municipalities to 42.36 construct and maintain off-road vehicle trails and use areas; 43.1and43.2 (4) grants-in-aid to local safety programs; and 43.3 (5) enforcement and public education grants to local law 43.4 enforcement agencies. 43.5 Sec. 22. [84.913] [CLOSURE OF MOTORIZED FOREST ROADS AND 43.6 TRAILS.] 43.7 (a) For the purpose of this section, "off-highway vehicle" 43.8 has the meaning given in section 84.785. 43.9 (b) All forest roads and trails open to use by off-highway 43.10 vehicles on the effective date of this section must remain open 43.11 to use by off-highway vehicles, unless after a detailed field 43.12 analysis the commissioner determines the trail is inappropriate 43.13 for off-highway vehicle use. The commissioner of natural 43.14 resources may permanently close a forest road or trail to 43.15 off-highway vehicle use only after completing the five-step 43.16 public review process as provided in the department of natural 43.17 resources publication titled: "Off-Highway Vehicle System 43.18 Planning, Project Implementation and Review: (Revised 43.19 01/07/03)." 43.20 Sec. 23. Minnesota Statutes 2002, section 84.92, 43.21 subdivision 8, is amended to read: 43.22 Subd. 8. [ALL-TERRAIN VEHICLE.] "All-terrain vehicle" or 43.23 "vehicle" means a motorized flotation-tired vehicle of not less 43.24 than three low pressure tires, but not more than six tires, that 43.25 is limited in engine displacement of less than 800 cubic 43.26 centimeters and total dry weight less than800900 pounds. 43.27 Sec. 24. Minnesota Statutes 2002, section 84.927, 43.28 subdivision 2, is amended to read: 43.29 Subd. 2. [PURPOSES.] Subject to appropriation by the 43.30 legislature, money in the all-terrain vehicle account may only 43.31 be spent for: 43.32 (1) the education and training program under section 43.33 84.925; 43.34 (2) administration, enforcement, and implementation of 43.35 sections 84.92 to 84.929 and Laws 1984, chapter 647, sections 9 43.36 and 10; 44.1 (3) acquisition, maintenance, and development of vehicle 44.2 trails and use areas; 44.3 (4) grant-in-aid programs to counties and municipalities to 44.4 construct and maintain all-terrain vehicle trails and use areas; 44.5and44.6 (5) grants-in-aid to local safety programs; and 44.7 (6) enforcement and public education grants to local law 44.8 enforcement agencies. 44.9 The distribution of funds made available through 44.10 grant-in-aid programs must be guided by the statewide 44.11 comprehensive outdoor recreation plan. 44.12 Sec. 25. [84.930] [MOTORIZED TRAIL GRANTS-IN-AID.] 44.13 (a) This section applies to grants-in-aid for motorized 44.14 trail construction and maintenance under sections 84.794, 44.15 84.803, 84.83, and 84.927. 44.16 (b) If the commissioner of natural resources determines 44.17 that a grant-in-aid recipient has violated any federal or state 44.18 law or any of the terms of the grant agreement with the 44.19 commissioner, the commissioner may withhold all grant payments 44.20 for any work occurring after the date the recipient was notified 44.21 of the violation and seek restitution for any property damage 44.22 caused by the violation. 44.23 Sec. 26. [84.991] [MINNESOTA CONSERVATION CORPS.] 44.24 Subdivision 1. [TRANSFER.] (a) The Minnesota conservation 44.25 corps is moved to the friends of the Minnesota conservation 44.26 corps, an existing nonprofit corporation under section 501(c)(3) 44.27 of the Internal Revenue Code of 1986, as amended, doing business 44.28 as the Minnesota conservation corps under the supervision of a 44.29 board of directors. 44.30 (b) The expenditure of state funds by the Minnesota 44.31 conservation corps is subject to audit by the legislative 44.32 auditor and regular annual report to the legislature in general 44.33 and specifically to the house of representatives and senate 44.34 committees with jurisdiction over environment and natural 44.35 resources policy and finance. 44.36 Subd. 2. [STAFF; CORPS MEMBERS.] (a) Staff employed by the 45.1 Minnesota conservation corps are not state employees, but, at 45.2 the option of the board of directors of the nonprofit 45.3 corporation and at the expense of the corporation or its staff, 45.4 employees who are in the employ of the Minnesota conservation 45.5 corps on or before June 30, 2003, may continue to participate in 45.6 state retirement and deferred compensation, that apply to state 45.7 employees. 45.8 (b) Employment as a Minnesota conservation corps member is 45.9 noncovered employment for purposes of eligibility for 45.10 unemployment benefits under chapter 268. 45.11 (c) The Minnesota conservation corps is authorized to 45.12 continue to have staff and corps members participate in the 45.13 state of Minnesota workers' compensation program through the 45.14 department of natural resources. Staff and corps members' claim 45.15 and administrative costs must be allocated and set annually by 45.16 the department of natural resources in a manner that is 45.17 consistent with how these costs are allocated across that 45.18 agency's operations. The friends of the Minnesota conservation 45.19 corps shall establish and follow loss-control strategies that 45.20 are consistent with loss-control activities of the department of 45.21 natural resources. In the event that the friends of the 45.22 Minnesota conservation corps becomes insolvent or cannot 45.23 otherwise fund its claim and administrative costs, liability for 45.24 these costs shall be assumed by the department of natural 45.25 resources. 45.26 (d) The Minnesota conservation corps is a training and 45.27 service program and exempt from Minnesota prevailing wage 45.28 guidelines. 45.29 Subd. 3. [STATE AND OTHER AGENCY COLLABORATION.] The 45.30 departments of natural resources, agriculture, public safety, 45.31 transportation, and other appropriate state agencies must 45.32 constructively collaborate with the Minnesota conservation corps. 45.33 Subd. 4. [EQUIPMENT AND SERVICE PURCHASES; STATE 45.34 CONTRACTS.] The Minnesota conservation corps may purchase or 45.35 lease equipment and services, including fleet, through state 45.36 contracts administered by the commissioner of administration or 46.1 the department of natural resources. 46.2 Subd. 5. [LIMITATIONS ON MINNESOTA CONSERVATION CORPS 46.3 PROJECTS.] Each employing state or local agency must certify 46.4 that the assignment of Minnesota conservation corps members will 46.5 not result in the displacement of currently employed workers or 46.6 workers on seasonal layoff, including partial displacement such 46.7 as reduction in hours of nonovertime work, wages, or other 46.8 employment benefits. Supervising agencies that participate in 46.9 the program may not terminate, lay off, reduce the seasonal 46.10 hours, or reduce the working hours of any employee for the 46.11 purpose of using a corps member with available funds. The 46.12 positions and job duties of corps members employed in projects 46.13 shall be submitted to affected exclusive representatives prior 46.14 to actual assignment. 46.15 Sec. 27. Minnesota Statutes 2002, section 84A.02, is 46.16 amended to read: 46.17 84A.02 [DEPARTMENT TO MANAGE PRESERVE.] 46.18 (a) The department of natural resources shall manage and 46.19 control the Red Lake game preserve. The department may adopt 46.20 and enforce rules for the care, preservation, protection, 46.21 breeding, propagation, and disposition of all species of 46.22 wildlife in the preserve. The department may adopt and enforce 46.23 rules for the regulation, issuance, sale, and revocation of 46.24 special licenses or special permits for hunting, fishing, 46.25 camping, and other uses of this area, consistent with sections 46.26 84A.01 to 84A.11. The department may by rule set the terms, 46.27 conditions, and charges for these licenses and permits. 46.28 (b) The rules may specify and control the terms under which 46.29 wildlife may be taken, captured, or killed in the preserve, and 46.30 under which fur-bearing animals, or animals and fish otherwise 46.31 having commercial value, may be taken, captured, trapped, 46.32 killed, sold, and removed from it. These rules may also provide 46.33 for (1) the afforestation and reforestation of state lands in 46.34 the preserve, (2) the sale of merchantable timber from these 46.35 lands when, in the opinion of the department, it can be sold and 46.36 removed without damage or injury to the further use and 47.1 development of the land for wildlife and game in the preserve, 47.2 and (3) the purposes for which the preserve is established by 47.3 sections 84A.01 to 84A.11. 47.4 (c) The department may provide for the policing of the 47.5 preserve as necessary for its proper development and use for the 47.6 purposes specified.Supervisors, guards, custodians, and47.7caretakers assigned to duty in the preserve have the powers of47.8peace officers while in their employmentThe commissioner of 47.9 natural resources may employ and designate individuals according 47.10 to section 85.04 to enforce laws governing the use of the 47.11 preserve. 47.12 (d) The department shall also adopt and enforce rules 47.13 concerning the burning of grass, timber slashings, and other 47.14 flammable matter, and the clearing, development, and use of 47.15 lands in the preserve as necessary to prevent forest fires and 47.16 grass fires that would injure the use and development of this 47.17 area for wildlife preservation and propagation and to protect 47.18 its forest and wooded areas. 47.19 (e) Lands within the preserve are subject to the rules, 47.20 whether owned by the state or privately, consistent with the 47.21 rights of the private owners and with applicable state law. The 47.22 rules may establish areas and zones within the preserve where 47.23 hunting, fishing, trapping, or camping is prohibited or 47.24 specially regulated, to protect and propagate particular 47.25 wildlife in the preserve. 47.26 (f) Rules adopted under sections 84A.01 to 84A.11 must be 47.27 posted on the boundaries of the preserve. 47.28 Sec. 28. Minnesota Statutes 2002, section 84A.21, is 47.29 amended to read: 47.30 84A.21 [DEPARTMENT TO MANAGE PROJECTS.] 47.31 (a) The department shall manage and control each project 47.32 approved and accepted under section 84A.20. The department may 47.33 adopt and enforce rules for the purposes in section 84A.20, 47.34 subdivision 1, for the prevention of forest fires in the 47.35 projects, and for the sale of merchantable timber from lands so 47.36 acquired by the state when, in the opinion of the department, 48.1 the timber may be sold and removed without damage to the project. 48.2 (b) These rules may relate to the care, preservation, 48.3 protection, breeding, propagation, and disposition of any 48.4 species of wildlife in the project and the regulation, issuance, 48.5 sale, and revocation of special licenses or special permits for 48.6 hunting, fishing, camping, and other uses of the areas 48.7 consistent with applicable state law. 48.8 (c) The department may provide for the policing of each 48.9 project as needed for the proper development, use, and 48.10 protection of the project and its purposes.Supervisors,48.11guards, custodians, and caretakers assigned to duty in any48.12project have the powers of peace officers while employed by the48.13departmentThe commissioner of natural resources may employ and 48.14 designate individuals according to section 85.04 to enforce laws 48.15 governing the use of the projects. 48.16 (d) Lands within a project are subject to these rules, 48.17 whether owned by the state or privately, consistent with the 48.18 rights of the private owners or with applicable state law. The 48.19 rules must be published once in one qualified newspaper in each 48.20 county affected and take effect after publication. They must 48.21 also be posted on the boundaries of each project affected. 48.22 Sec. 29. Minnesota Statutes 2002, section 84A.32, 48.23 subdivision 1, is amended to read: 48.24 Subdivision 1. [RULES.] (a) The department shall manage 48.25 and control each project approved and accepted under section 48.26 84A.31. The department may adopt and enforce rules for the 48.27 purposes in section 84A.31, subdivision 1, for the prevention of 48.28 forest fires in the projects, and for the sale of merchantable 48.29 timber from lands acquired by the state in the projects when, in 48.30 the opinion of the department, the timber may be sold and 48.31 removed without damage to the purposes of the projects. Rules 48.32 must not interfere with, destroy, or damage any privately owned 48.33 property without just compensation being made to the owner of 48.34 the private property by purchase or in lawful condemnation 48.35 proceedings. The rules may relate to the care, preservation, 48.36 protection, breeding, propagation, and disposition of any 49.1 species of wildlife in the projects and the regulation, 49.2 issuance, sale, and revocation of special licenses or special 49.3 permits for hunting, fishing, camping, or other uses of these 49.4 areas consistent with applicable state law. 49.5 (b) The department may provide for the policing of each 49.6 project as necessary for the proper development, use, and 49.7 protection of the project, and of its purpose.Supervisors,49.8guards, custodians, and caretakers assigned to duty in a project49.9have the powers of peace officers while employed by the49.10departmentThe commissioner of natural resources may employ and 49.11 designate individuals according to section 85.04 to enforce laws 49.12 governing the use of the projects. 49.13 (c) Lands within the project are subject to these rules, 49.14 whether owned by the state, or privately, consistent with the 49.15 constitutional rights of the private owners or with applicable 49.16 state law. The department may exclude from the operation of the 49.17 rules any lands owned by private individuals upon which taxes 49.18 are delinquent for three years or less. Rules must be published 49.19 once in the official newspaper of each county affected and take 49.20 effect 30 days after publication. They must also be posted on 49.21 each of the four corners of each township of each project 49.22 affected. 49.23 (d) In the management, operation, and control of areas 49.24 taken for afforestation, reforestation, flood control projects, 49.25 and wild game and fishing reserves, nothing shall be done that 49.26 will in any manner obstruct or interfere with the operation of 49.27 ditches or drainage systems existing within the areas, or damage 49.28 or destroy existing roads or highways within these areas or 49.29 projects, unless the ditches, drainage systems, roads, or 49.30 highways are first taken under the right of eminent domain and 49.31 compensation made to the property owners and municipalities 49.32 affected and damaged. Each area or project shall contribute 49.33 from the funds of the project, in proportion of the state land 49.34 within the project, for the construction and maintenance of 49.35 roads and highways necessary within the areas and projects to 49.36 give the settlers and private owners within them access to their 50.1 land. The department may construct and maintain roads and 50.2 highways within the areas and projects as it considers necessary. 50.3 Sec. 30. Minnesota Statutes 2002, section 84A.55, 50.4 subdivision 8, is amended to read: 50.5 Subd. 8. [POLICING.] The commissioner may police the game 50.6 preserves, areas, and projects as necessary to carry out this 50.7 section.Persons assigned to the policing have the powers of50.8police officers while so engagedThe commissioner may employ and 50.9 designate individuals according to section 85.04 to enforce laws 50.10 governing the use of the game preserves, areas, and projects. 50.11 Sec. 31. [84B.12] [CITIZENS COUNCIL ON VOYAGEURS NATIONAL 50.12 PARK.] 50.13 (a) The governor may appoint, except for the legislative 50.14 members, a citizens council on Voyageurs National Park, 50.15 consisting of 17 members as follows: 50.16 (1) four residents of Koochiching county; 50.17 (2) four residents of St. Louis county; 50.18 (3) five residents of the state, at large, from outside 50.19 Koochiching and St. Louis counties; 50.20 (4) two members of the senate to be appointed by the 50.21 committee on committees; 50.22 (5) two members of the house of representatives to be 50.23 appointed by the speaker of the house. 50.24 (b) The governor shall designate one of the appointees to 50.25 serve as chair and the committee may elect other officers that 50.26 it considers necessary. Members shall be appointed so as to 50.27 represent differing viewpoints and interest groups on the 50.28 facilities included in and around the park. Legislative members 50.29 shall serve for the term of the legislative office to which they 50.30 were elected. The terms, compensation and removal of 50.31 nonlegislative members of the council are as provided in section 50.32 15.059. The council expires June 30, 2007. 50.33 (c) The executive committee of the council consists of the 50.34 legislative members and the chair. The executive committee 50.35 shall act on matters of personnel, out-of-state trips by members 50.36 of the council, and nonroutine monetary issues. 51.1 (d) The committee shall conduct meetings and research into 51.2 all matters related to the establishment and operation of 51.3 Voyageurs National Park, and shall make such recommendations to 51.4 the United States National Park Service and other federal and 51.5 state agencies concerned regarding operation of the park as the 51.6 committee deems advisable. A copy of each recommendation shall 51.7 be filed with the legislative reference library. Subject to the 51.8 availability of legislative appropriation or other funding, the 51.9 committee may employ staff and may contract for consulting 51.10 services relating to matters within its authority. 51.11 (e) Money appropriated to provide the payments prescribed 51.12 by this section is appropriated to the commissioner of 51.13 administration. 51.14 Sec. 32. Minnesota Statutes 2002, section 84D.14, is 51.15 amended to read: 51.16 84D.14 [EXEMPTIONS.] 51.17 This chapter does not apply to: 51.18 (1) pathogens and terrestrial arthropodsregulated under51.19sections 18.44 to 18.61; or 51.20 (2) mammals and birds defined by statute as livestock. 51.21 Sec. 33. Minnesota Statutes 2002, section 85.015, is 51.22 amended by adding a subdivision to read: 51.23 Subd. 1d. [NONMOTORIZED USE TRAILS.] No motorized vehicle 51.24 shall be operated on a trail designated for nonmotorized use. 51.25 This subdivision does not apply to motorized wheelchairs or 51.26 other motorized devices operated by an individual who is 51.27 physically disabled. 51.28 Sec. 34. Minnesota Statutes 2002, section 85.04, is 51.29 amended to read: 51.30 85.04 [ENFORCEMENT DIVISION EMPLOYEESAS PEACE OFFICERS.] 51.31 Subdivision 1. [PEACE OFFICER EMPLOYMENT.]All51.32supervisors, guards, custodians, keepers, and caretakersThe 51.33 commissioner of natural resources may employ peace officers as 51.34 defined under section 626.84, subdivision 1, paragraph (c), to 51.35 enforce laws governing the use of state parks, state monuments, 51.36 state recreation areas, and state waysidesshall have and52.1possess the authority and powers of peace officers while in52.2their employment. 52.3 Subd. 2. [OTHER EMPLOYEES.] Until August 1, 2004, the 52.4 commissioner of natural resources may designate certain 52.5 employees to enforce laws governing the use of state parks, 52.6 state monuments, state recreation areas, state waysides, and 52.7 state forest subareas. The designation by the commissioner is 52.8 not subject to rulemaking under Minnesota Statutes, chapter 14. 52.9 Sec. 35. Minnesota Statutes 2002, section 85.052, 52.10 subdivision 3, is amended to read: 52.11 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 52.12 An individual using spaces in state parks under subdivision 1, 52.13 clause (2), shall be charged daily rates determined and set by 52.14 the commissioner in a manner and amount consistent with the type 52.15 of facility provided for the accommodation of guests in a 52.16 particular park and with similar facilities offered for tourist 52.17 camping and similar use in the area. 52.18 (b) The fee for special parking spurs, campgrounds for 52.19 automobiles, sites for tent camping, and special auto trailer 52.20 coach parking spaces is one-half of the fee set in paragraph (a) 52.21 on Sunday through Thursday of each week for a physically 52.22 handicapped person: 52.23 (1)an individual age 65 or over who is a resident of the52.24state and who furnishes satisfactory proof of age and residence;52.25(2) a physically handicapped personwith a motor vehicle 52.26 that has special plates issued under section 168.021, 52.27 subdivision 1; or 52.28(3) a physically handicapped person(2) who possesses a 52.29 certificate issued under section 169.345, subdivision 3. 52.30 Sec. 36. Minnesota Statutes 2002, section 85.053, 52.31 subdivision 1, is amended to read: 52.32 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 52.33 commissioner shall prepare and provide state park permits for 52.34 each calendar year that state a motor vehicle may enter and use 52.35 state parks, state recreation areas, and state waysides over 50 52.36 acres in area. State park permits must be available and placed 53.1 on sale byOctoberJanuary 1 ofthe year precedingthe calendar 53.2 year that the permit is valid. A separate motorcycle permit may 53.3 be prepared and provided by the commissioner. 53.4 (b) An annual state park permit must be affixed when 53.5 purchased and may be used from the time it is affixed for a 53.6 12-month period. State park permits in each category must be 53.7 numbered consecutively for each year of issue. 53.8 (c) State park permits shall be issued by employees of the 53.9 division of parks and recreation as designated by the 53.10 commissioner. State park permits also may be consigned to and 53.11 issued by agents designated by the commissioner who are not 53.12 employees of the division of parks and recreation. All proceeds 53.13 from the sale of permits and all unsold permits consigned to 53.14 agents shall be returned to the commissioner at such times as 53.15 the commissioner may direct, but no later than the end of the 53.16 calendar year for which the permits are effective. No part of 53.17 the permit fee may be retained by an agent. An additional 53.18 charge or fee in an amount to be determined by the commissioner, 53.19 but not to exceed four percent of the price of the permit, may 53.20 be collected and retained by an agent for handling or selling 53.21 the permits. 53.22 [EFFECTIVE DATE.] This section is effective the day 53.23 following final enactment. 53.24 Sec. 37. Minnesota Statutes 2002, section 85.055, 53.25 subdivision 1, is amended to read: 53.26 Subdivision 1. [FEES.] The fee for state park permits for: 53.27 (1) an annual use of state parks is$20$25; 53.28 (2) a second vehicle state park permit is$15$18; 53.29 (3) a state park permit valid for one day is$4$7; 53.30 (4) a daily vehicle state park permit for groups is$2$5; 53.31 (5) an employee's state park permit is without charge; and 53.32 (6) a state park permit for handicapped persons under 53.33 section 85.053, subdivision 7, clauses (1) and (2), is $12. 53.34 The fees specified in this subdivision include any sales 53.35 tax required by state law. 53.36 Sec. 38. Minnesota Statutes 2002, section 85A.02, 54.1 subdivision 17, is amended to read: 54.2 Subd. 17. [ADDITIONAL POWERS.] The board may establish a 54.3 schedule of charges for admission to or the use of the Minnesota 54.4 zoological garden or any related facility. Notwithstanding 54.5 section 16A.1283, legislative approval is not required for the 54.6 board to establish a schedule of charges for admission or use of 54.7 the Minnesota zoological garden or related facilities. The 54.8 board shall have a policy admitting elementary school children 54.9 atnoa reduced charge when they are part of an organized school 54.10 activity. The Minnesota zoological garden will offer free 54.11 admission throughout the year to economically disadvantaged 54.12 Minnesota citizens equal to ten percent of the average annual 54.13 attendance. However, the zoo may charge at any time for 54.14 parking, special services, and for admission to special 54.15 facilities for the education, entertainment, or convenience of 54.16 visitors. Notwithstanding section 16C.09, the board may provide 54.17 for the purchase, reproduction, and sale of gifts, souvenirs, 54.18 publications, informational materials, food and beverages, and 54.19 grant concessions for the sale of these items. 54.20 Sec. 39. Minnesota Statutes 2002, section 88.17, 54.21 subdivision 1, is amended to read: 54.22 Subdivision 1. [PERMIT REQUIRED.] A permit to start a fire 54.23 to burn vegetative materials and other materials allowed by 54.24 Minnesota Statutes or official state rules and regulations may 54.25 be given by the commissioner or the commissioner's agent. This 54.26 permission shall be in the form of: 54.27 (1) a written permitsignedissued by a forest 54.28 officer,or fire warden,authorized Minnesota pollution control54.29agent,or other person authorized by theforest officer, or town54.30fire warden, andcommissioner; or 54.31 (2) an electronic permit issued by a department of natural 54.32 resources office or an authorized department of natural 54.33 resources electronic license agent. 54.34 Burning permits shall set the time and conditions by which 54.35 the fire may be started and burned. The permit shall also 54.36 specifically list the materials that may be burned. The 55.1 permittee must have the permit on their person and shall produce 55.2 the permit for inspection when requested to do so by a forest 55.3 officer,town fire warden,conservation officer, or other peace 55.4 officer. The permittee shall remain with the fire at all times 55.5 and before leaving the site shall completely extinguish the 55.6 fire. A person shall not start or cause a fire to be started on 55.7 any land that is not owned or under their legal control without 55.8 the written permission of the owner, lessee, or an agent of the 55.9 owner or lessee of the land. Violating or exceeding the permit 55.10 conditions shall constitute a misdemeanor and shall be cause for 55.11 the permit to be revoked. 55.12 [EFFECTIVE DATE.] This section is effective the day 55.13 following final enactment. 55.14 Sec. 40. Minnesota Statutes 2002, section 88.17, is 55.15 amended by adding a subdivision to read: 55.16 Subd. 2a. [PERMIT FEES.] The annual fee for an electronic 55.17 burning permit is $6 for a single burning event, $12 for up to 55.18 four burning events, and $50 for an expanded use burning permit, 55.19 which includes more burning events or extended burning 55.20 conditions. Money received from permits issued under this 55.21 section must be deposited in the state treasury and credited to 55.22 the special revenue fund and is annually appropriated to the 55.23 commissioner of natural resources for the costs of operating the 55.24 electronic burning permit system. The commissioner shall allow 55.25 an issuing fee of $1, included in the fees in this subdivision, 55.26 to be retained by the permit agent as a commission for selling 55.27 the permits. 55.28 [EFFECTIVE DATE.] This section is effective the day 55.29 following final enactment. 55.30 Sec. 41. Minnesota Statutes 2002, section 97A.015, 55.31 subdivision 24, is amended to read: 55.32 Subd. 24. [GAME BIRDS.] "Game birds" means migratory 55.33 waterfowl, pheasant, ruffed grouse, sharp-tailed grouse, Canada 55.34 spruce grouse, prairie chickens, gray partridge, bob-white 55.35 quail, turkeys, coots, gallinules, sora and Virginia rails, 55.36 American woodcock,andcommon snipe, and mourning doves. 56.1 [EFFECTIVE DATE.] This section is effective the day 56.2 following final enactment. 56.3 Sec. 42. Minnesota Statutes 2002, section 97A.015, 56.4 subdivision 52, is amended to read: 56.5 Subd. 52. [UNPROTECTED BIRDS.] "Unprotected birds" means 56.6 English sparrow, blackbird, starling, magpie, cormorant, common 56.7 pigeon, chukar partridge, quail other than bob-white quail, mute 56.8 swan,andgreat horned owl, and Eurasian collared-dove. 56.9 [EFFECTIVE DATE.] This section is effective the day 56.10 following final enactment. 56.11 Sec. 43. Minnesota Statutes 2002, section 97A.045, 56.12 subdivision 7, is amended to read: 56.13 Subd. 7. [DUTY TO ENCOURAGE STAMP DESIGN AND PURCHASES.] 56.14 (a) The commissioner shall encourage the purchase of: 56.15 (1) Minnesota migratory waterfowl stamps by nonhunters 56.16 interested in migratory waterfowl preservation and habitat 56.17 development; 56.18 (2) pheasant stamps by persons interested in pheasant 56.19 habitat improvement; 56.20 (3) trout and salmon stamps by persons interested in trout 56.21 and salmon stream and lake improvement;and56.22 (4) turkey stamps by persons interested in wild turkey 56.23 management and habitat improvement; and 56.24 (5) mourning dove stamps by persons interested in dove 56.25 management and habitat improvement. 56.26 (b) The commissioner shall make rules governing contests 56.27 for selecting a design for each stamp, including those stamps 56.28 not required to be in possession while taking game or fish. 56.29 [EFFECTIVE DATE.] This section is effective the day 56.30 following final enactment. 56.31 Sec. 44. Minnesota Statutes 2002, section 97A.045, is 56.32 amended by adding a subdivision to read: 56.33 Subd. 11. [POWER TO PREVENT OR CONTROL WILDLIFE 56.34 DISEASE.] (a) If the commissioner determines that action is 56.35 necessary to prevent or control a wildlife disease, the 56.36 commissioner may prevent or control wildlife disease in a 57.1 species of wild animal in addition to the protection provided by 57.2 the game and fish laws by further limiting, closing, expanding, 57.3 or opening seasons or areas of the state; by reducing or 57.4 increasing limits in areas of the state; by establishing disease 57.5 management zones; by authorizing free licenses; by allowing 57.6 shooting from motor vehicles by persons designated by the 57.7 commissioner; by issuing replacement licenses for sick animals; 57.8 by requiring sample collection from hunter-harvested animals; by 57.9 limiting wild animal possession, transportation, and 57.10 disposition; and by restricting wildlife feeding. 57.11 (b) The commissioner may prevent or control wildlife 57.12 disease in a species of wild animal in the state by emergency 57.13 rule adopted under section 84.027, subdivision 13. 57.14 Sec. 45. Minnesota Statutes 2002, section 97A.071, 57.15 subdivision 2, is amended to read: 57.16 Subd. 2. [REVENUE FROM THE SMALL GAME LICENSE SURCHARGE 57.17 AND LIFETIME LICENSES.] Revenue from the small game surcharge 57.18 and$4$6.50 annually from the lifetime fish and wildlife trust 57.19 fund, established in section 97A.4742, for each license issued 57.20 under sections 97A.473, subdivisions 3 and 5, and 97A.474, 57.21 subdivision 3, shall be credited to the wildlife acquisition 57.22 account and the money in the account shall be used by the 57.23 commissioner only for the purposes of this section, and 57.24 acquisition and development of wildlife lands under section 57.25 97A.145 and maintenance of the lands, in accordance with 57.26 appropriations made by the legislature. 57.27 [EFFECTIVE DATE.] This section is effective March 1, 2004. 57.28 Sec. 46. Minnesota Statutes 2002, section 97A.075, 57.29 subdivision 1, is amended to read: 57.30 Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a) 57.31 For purposes of this subdivision, "deer license" means a license 57.32 issued under section 97A.475, subdivisions 2, clauses (4), (5), 57.33and(9), (11), (13), and (14), and 3, clauses (2), (3), and (7), 57.34 and licenses issued under section 97B.301, subdivision 4. 57.35 (b) At least $2 from each annual deer license and $2 57.36 annually from the lifetime fish and wildlife trust fund, 58.1 established in section 97A.4742, for each license issued under 58.2 section 97A.473, subdivision 4, shall be used for deer habitat 58.3 improvement or deer management programs. 58.4 (c) At least $1 from each annual deer license and each bear 58.5 license and $1 annually from the lifetime fish and wildlife 58.6 trust fund, established in section 97A.4742, for each license 58.7 issued under section 97A.473, subdivision 4, shall be used for 58.8 deer and bear management programs, including a computerized 58.9 licensing system. Fifty cents from each deer license is 58.10 appropriated for emergency deer feeding and wild cervidae health 58.11 managementof chronic wasting disease. Money appropriated for 58.12 emergency deer feeding andmanagement of chronic wasting disease58.13 wild cervidae health management is available until expended. 58.14 When the unencumbered balance in the appropriation for emergency 58.15 deer feeding andchronic wasting diseasewild cervidae health 58.16 management at the end of a fiscal year 58.17 exceeds$1,500,000$2,500,000 for the first time, $750,000 is 58.18 canceled to the unappropriated balance of the game and fish 58.19 fund. The commissioner must inform the legislative chairs of 58.20 the natural resources finance committees every two years on how 58.21 the money forchronic wasting diseaseemergency deer feeding and 58.22 wild cervidae health management has been spent. 58.23 Thereafter, when the unencumbered balance in the 58.24 appropriation for emergency deer feeding and wild cervidae 58.25 health management exceeds$1,500,000$2,500,000 at the end of a 58.26 fiscal year, the unencumbered balance in excess of 58.27$1,500,000$2,500,000 is canceled and available for deer and 58.28 bear management programs and computerized licensing. 58.29 Sec. 47. Minnesota Statutes 2002, section 97A.075, 58.30 subdivision 2, is amended to read: 58.31 Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 58.32 percent of the revenue from the Minnesota migratory waterfowl 58.33 stamps must be credited to the waterfowl habitat improvement 58.34 account. Money in the account may be used only for: 58.35 (1) development of wetlands and lakes in the state and 58.36 designated waterfowl management lakes for maximum migratory 59.1 waterfowl production including habitat evaluation, the 59.2 construction of dikes, water control structures and 59.3 impoundments, nest cover, rough fish barriers, acquisition of 59.4 sites and facilities necessary for development and management of 59.5 existing migratory waterfowl habitat and the designation of 59.6 waters under section 97A.101; 59.7 (2) management of migratory waterfowl; 59.8 (3) development, restoration, maintenance, or preservation 59.9 of migratory waterfowl habitat;and59.10 (4) acquisition of and access to structure sites; and 59.11 (5) the promotion of waterfowl habitat development and 59.12 maintenance, including promotion and evaluation of government 59.13 farm program benefits for waterfowl habitat. 59.14 (b) Money in the account may not be used for costs unless 59.15 they are directly related to a specific parcel of land or body 59.16 of water under paragraph (a), clause (1), (3),or(4), or (5), 59.17 or to specific management activities under paragraph (a), clause 59.18 (2). 59.19 Sec. 48. Minnesota Statutes 2002, section 97A.075, 59.20 subdivision 4, is amended to read: 59.21 Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the 59.22 revenue from pheasant stamps must be credited to the pheasant 59.23 habitat improvement account. Money in the account may be used 59.24 only for: 59.25 (1) the development, restoration, and maintenance of 59.26 suitable habitat for ringnecked pheasants on public and private 59.27 land including the establishment of nesting cover, winter cover, 59.28 and reliable food sources; 59.29 (2) reimbursement of landowners for setting aside lands for 59.30 pheasant habitat; 59.31 (3) reimbursement of expenditures to provide pheasant 59.32 habitat on public and private land;and59.33 (4) the promotion of pheasant habitat development and 59.34 maintenance, including promotion and evaluation of government 59.35 farm program benefits for pheasant habitat; and 59.36 (5) the acquisition of lands suitable for pheasant habitat 60.1 management and public hunting. 60.2 (b) Money in the account may not be used for: 60.3 (1) costs unless they are directly related to a specific 60.4 parcel of land under paragraph (a),clauses60.5 clause (1)to, (3), or (5), or to specific promotional or 60.6 evaluative activities under paragraph (a), clause (4); or 60.7 (2) any personnel costs, except that prior to July 1, 2009, 60.8 personnel may be hired to provide technical and promotional 60.9 assistance for private landowners to implement conservation 60.10 provisions of state and federal programs. 60.11 Sec. 49. Minnesota Statutes 2002, section 97A.075, is 60.12 amended by adding a subdivision to read: 60.13 Subd. 6. [MOURNING DOVE STAMPS.] (a) 90 percent of revenue 60.14 from mourning dove stamps must be credited to the mourning dove 60.15 habitat improvement account. Money in the account may be used 60.16 only for: 60.17 (1) the development, restoration, and maintenance of 60.18 suitable habitat for mourning doves on public and private land 60.19 including establishment of nesting cover and reliable food 60.20 sources; 60.21 (2) acquisitions of, or easements on, mourning dove 60.22 habitat; 60.23 (3) reimbursement of expenditures to provide mourning dove 60.24 habitat on public and private land; and 60.25 (4) the promotion of mourning dove habitat development and 60.26 maintenance, population surveys and monitoring, and research. 60.27 (b) Money in the account may not be used for: 60.28 (1) costs unless they are directly related to a specific 60.29 parcel of land under paragraph (a), clauses (1) to (3), or to 60.30 specific promotional or evaluative activities under paragraph 60.31 (a), clause (4); or 60.32 (2) any permanent personnel costs. 60.33 [EFFECTIVE DATE.] This section is effective the day 60.34 following final enactment. 60.35 Sec. 50. Minnesota Statutes 2002, section 97A.105, 60.36 subdivision 1, is amended to read: 61.1 Subdivision 1. [LICENSE REQUIREMENTS.] (a) A person may 61.2 breed and propagate fur-bearing animals, game birds, bear, 61.3moose, elk, caribou,or mute swans, or deeronly on privately 61.4 owned or leased land and after obtaining a license. Any of the 61.5 permitted animals on a game farm may be sold to other licensed 61.6 game farms. "Privately owned or leased land" includes waters 61.7 that are shallow or marshy, are not actually navigable, and are 61.8 not of substantial beneficial public use. Before an application 61.9 for a license is considered, the applicant must enclose the area 61.10 to sufficiently confine the animals to be raised in a manner 61.11 approved by the commissioner. A license may be granted only if 61.12 the commissioner finds the application is made in good faith 61.13 with intention to actually carry on the business described in 61.14 the application and the commissioner determines that the 61.15 facilities are adequate for the business. 61.16 (b) A person may purchase live game birds or their eggs 61.17 without a license if the birds or eggs, or birds hatched from 61.18 the eggs, are released into the wild, consumed, or processed for 61.19 consumption within one year after they were purchased or 61.20 hatched. This paragraph does not apply to the purchase of 61.21 migratory waterfowl or their eggs. 61.22 (c) A person may not introduce mute swans into the wild 61.23 without a permit issued by the commissioner. 61.24 [EFFECTIVE DATE.] This section is effective January 1, 2004. 61.25 Sec. 51. Minnesota Statutes 2002, section 97A.401, 61.26 subdivision 3, is amended to read: 61.27 Subd. 3. [TAKING, POSSESSING, AND TRANSPORTING WILD 61.28 ANIMALS FOR CERTAIN PURPOSES.] (a) Except as provided in 61.29 paragraph (b), special permits may be issued without a fee to 61.30 take, possess, and transport wild animals as pets and for 61.31 scientific, educational, rehabilitative, wildlife disease 61.32 prevention and control, and exhibition purposes. The 61.33 commissioner shall prescribe the conditions for taking, 61.34 possessing, transporting, and disposing of the wild animals. 61.35 (b) A special permit may not be issued to take or possess 61.36 wild or native deer for exhibitionor, propagation, or as pets. 62.1(c) The commissioner shall establish criteria for issuing62.2special permits for persons to possess wild and native deer as62.3pets.62.4 Sec. 52. Minnesota Statutes 2002, section 97A.411, 62.5 subdivision 2, is amended to read: 62.6 Subd. 2. [SIGNATURE ON STAMPS.] A migratory waterfowl, 62.7 mourning dove, or pheasant stamp issued under the game and fish 62.8 laws must be signed by the licensee across the front of the 62.9 stamp to be valid. 62.10 Sec. 53. Minnesota Statutes 2002, section 97A.441, 62.11 subdivision 7, is amended to read: 62.12 Subd. 7. [OWNERS OR TENANTS OF AGRICULTURAL LAND.] (a) The 62.13 commissioner may issue, without a fee, a license to take an 62.14 antlerless deer to a person who is an owner or tenant and is 62.15 living and actively farming on at least 80 acres of agricultural 62.16 land, as defined in section 97B.001, in deer permit areas that 62.17 have deer archery licenses to take additional deer under section 62.18 97B.301, subdivision 4. A person may receive only one license 62.19 per year under this subdivision. For properties with coowners 62.20 or cotenants, only one coowner or cotenant may receive a license 62.21 under this subdivision per year. The license issued under this 62.22 subdivision is restricted to the land owned or leased by the 62.23 holder of the license within the permit area where the 62.24 qualifying land is located. The holder of the license may 62.25 transfer the license to the holder's spouse or dependent. 62.26 Notwithstanding sections 97A.415, subdivision 1, and 97B.301, 62.27 subdivision 2, the holder of the license may purchase an 62.28 additional license for taking deer and may take an additional 62.29 deer under that license. 62.30 (b) A person who obtains a license under paragraph (a) must 62.31 allow public deer hunting on their land during that deer hunting 62.32 season, with the exception of the first Saturday and Sunday 62.33 during the deer hunting season applicable to the license issued 62.34 under section 97A.475, subdivision 2,clauseclauses (4) and 62.35 (13). 62.36 Sec. 54. Minnesota Statutes 2002, section 97A.441, is 63.1 amended by adding a subdivision to read: 63.2 Subd. 10. [TAKING WILD ANIMALS FOR WILDLIFE DISEASE 63.3 PREVENTION AND CONTROL.] The commissioner may issue, without a 63.4 fee, licenses to take wild animals for the purposes of wildlife 63.5 disease prevention and control. 63.6 Sec. 55. Minnesota Statutes 2002, section 97A.475, 63.7 subdivision 2, is amended to read: 63.8 Subd. 2. [RESIDENT HUNTING.] Fees for the following 63.9 licenses, to be issued to residents only, are: 63.10 (1) for persons age 18 or over and under age 65 to take 63.11 small game,$12$12.50; 63.12 (2) for personsageages 16 and 17 and age 65 or over, $6 63.13 to take small game; 63.14 (3) to take turkey, $18; 63.15 (4) for persons age 16 or over to take deer with firearms, 63.16$25$26; 63.17 (5) for persons age 16 or over to take deer by archery, 63.18$25$26; 63.19 (6) to take moose, for a party of not more than six 63.20 persons, $310; 63.21 (7) to take bear, $38; 63.22 (8) to take elk, for a party of not more than two persons, 63.23 $250; 63.24 (9) to take antlered deer in more than one zone,$50$52; 63.25 (10) to take Canada geese during a special season, $4; 63.26 (11) to take two deer throughout the state in any open deer 63.27 season, except as restricted under section 97B.305,$75$78;and63.28 (12) to take prairie chickens, $20; 63.29 (13) for persons at least age 12 and under age 16 to take 63.30 deer with firearms, $13; and 63.31 (14) for persons at least age 12 and under age 16 to take 63.32 deer by archery, $13. 63.33 [EFFECTIVE DATES.] Clauses (4), (5), (9), (11), (13), and 63.34 (14), are effective August 1, 2003. Clauses (1) and (2) are 63.35 effective March 1, 2004. 63.36 Sec. 56. Minnesota Statutes 2002, section 97A.475, 64.1 subdivision 3, is amended to read: 64.2 Subd. 3. [NONRESIDENT HUNTING.] Fees for the following 64.3 licenses, to be issued to nonresidents, are: 64.4 (1) to take small game, $73; 64.5 (2) to take deer with firearms,$125$135; 64.6 (3) to take deer by archery,$125$135; 64.7 (4) to take bear, $195; 64.8 (5) to take turkey, $73; 64.9 (6) to take raccoon, bobcat, fox, coyote, or lynx, $155; 64.10 (7) to take antlered deer in more than one zone,$250$270; 64.11 and 64.12 (8) to take Canada geese during a special season, $4. 64.13 [EFFECTIVE DATE.] This section is effective August 1, 2003. 64.14 Sec. 57. Minnesota Statutes 2002, section 97A.475, 64.15 subdivision 4, is amended to read: 64.16 Subd. 4. [SMALL GAME SURCHARGE.] Fees for annual licenses 64.17 to take small game must be increased by a surcharge of 64.18$4$6.50. An additional commission may not be assessed on the 64.19 surcharge andthis must be stated on the back of the license64.20withthe following statement must be included in the annual 64.21 small game hunting regulations: "This$4$6.50 surcharge is 64.22 being paid by hunters for the acquisition and development of 64.23 wildlife lands." 64.24 [EFFECTIVE DATE.] This section is effective March 1, 2004. 64.25 Sec. 58. Minnesota Statutes 2002, section 97A.475, 64.26 subdivision 5, is amended to read: 64.27 Subd. 5. [HUNTING STAMPS.] Fees for the following stamps 64.28 and stamp validations are: 64.29 (1) migratory waterfowl stamp,$5$7.50; 64.30 (2) pheasant stamp,$5$7.50;and64.31 (3) turkey stamp validation, $5; and 64.32 (4) mourning dove stamp, $7.50. 64.33 [EFFECTIVE DATE.] Clauses (1) to (3) are effective March 1, 64.34 2004. Clause (4) is effective the day following final enactment. 64.35 Sec. 59. Minnesota Statutes 2002, section 97A.475, 64.36 subdivision 10, is amended to read: 65.1 Subd. 10. [TROUT AND SALMON STAMP VALIDATION.] The fee for 65.2 a trout and salmon stamp validation is$8.50$10. 65.3 [EFFECTIVE DATE.] This section is effective March 1, 2004. 65.4 Sec. 60. Minnesota Statutes 2002, section 97A.475, 65.5 subdivision 15, is amended to read: 65.6 Subd. 15. [FISHING GUIDES.] The fee for a license to 65.7 operate a charter boat and guide anglers on Lake Superior or the 65.8 St. Louis river estuary is: 65.9 (1) for a resident,$35$125; 65.10 (2) for a nonresident,$140$400; or 65.11 (3) if another state charges a Minnesota resident a fee 65.12 greater than$140$440 for a Lake Superior or St. Louis river 65.13 estuary fishing guide license in that state, the nonresident fee 65.14 for a resident of that state is that greater fee. 65.15 [EFFECTIVE DATE.] This section is effective March 1, 2004. 65.16 Sec. 61. Minnesota Statutes 2002, section 97A.475, 65.17 subdivision 26, is amended to read: 65.18 Subd. 26. [MINNOW DEALERS.] The fees for the following 65.19 licenses are: 65.20 (1) minnow dealer,$100$310; 65.21 (2) minnow dealer's vehicle, $15; 65.22 (3) exporting minnow dealer,$350$700; and 65.23 (4) exporting minnow dealer's vehicle, $15. 65.24 [EFFECTIVE DATE.] This section is effective March 1, 2004. 65.25 Sec. 62. Minnesota Statutes 2002, section 97A.475, 65.26 subdivision 27, is amended to read: 65.27 Subd. 27. [MINNOW RETAILERS.] The fees for the following 65.28 licenses, to be issued to residents and nonresidents, are: 65.29 (1) minnow retailer,$15$47; and 65.30 (2) minnow retailer's vehicle, $15. 65.31 [EFFECTIVE DATE.] This section is effective March 1, 2004. 65.32 Sec. 63. Minnesota Statutes 2002, section 97A.475, 65.33 subdivision 28, is amended to read: 65.34 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 65.35 following licenses, to be issued to nonresidents, are: 65.36 (1) exporting minnow hauler,$675$1,000; and 66.1 (2) exporting minnow hauler's vehicle, $15. 66.2 [EFFECTIVE DATE.] This section is effective March 1, 2004. 66.3 Sec. 64. Minnesota Statutes 2002, section 97A.475, 66.4 subdivision 29, is amended to read: 66.5 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 66.6 following licenses to be issued to residents and nonresidents 66.7 are: 66.8 (1) for a private fish hatchery, with annual sales under 66.9 $200,$35$70; 66.10 (2) for a private fish hatchery, with annual sales of $200 66.11 or more,$70$210; and 66.12 (3) to take sucker eggs from public waters for a private 66.13 fish hatchery,$210$400, plus$4$6 for each quart in excess of 66.14 100 quarts. 66.15 [EFFECTIVE DATE.] This section is effective March 1,2004. 66.16 Sec. 65. Minnesota Statutes 2002, section 97A.475, 66.17 subdivision 30, is amended to read: 66.18 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 66.19 commercial fish are: 66.20 (1) commercial license fees: 66.21 (i) for residents and nonresidents seining and netting in 66.22 inland waters,$90$120; 66.23 (ii) for residents netting in Lake Superior,$50$120; 66.24 (iii) for residents netting in Lake of the Woods, Rainy, 66.25 Namakan, and Sand Point lakes,$50$120; 66.26 (iv) for residents seining in the Mississippi River from St. 66.27 Anthony Falls to the St. Croix River junction,$50$120; 66.28 (v) for residents seining, netting, and set lining in 66.29 Wisconsin boundary waters from Lake St. Croix to the Iowa 66.30 border,$50$120; and 66.31 (vi) for a resident apprentice license,$25$55; and 66.32 (2) commercial gear fees: 66.33 (i) for each gill net in Lake Superior, Wisconsin boundary 66.34 waters, and Namakan Lake,$3.50$5 per 100 feet of net; 66.35 (ii) for each seine in inland waters, on the Mississippi 66.36 River as described in section 97C.801, subdivision 2, and in 67.1 Wisconsin boundary waters,$7$9 per 100 feet; 67.2 (iii) for each commercial hoop net in inland 67.3 waters,$1.25$2; 67.4 (iv) for each submerged fyke, trap, and hoop net in Lake 67.5 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 67.6 Namakan, and Sand Point lakes, and for each pound net in Lake 67.7 Superior,$15$20; 67.8 (v) for each stake and pound net in Lake of the 67.9 Woods,$60$90; and 67.10 (vi) for each set line in the Wisconsin boundary waters, 67.11$20$45. 67.12 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.13 Sec. 66. Minnesota Statutes 2002, section 97A.475, 67.14 subdivision 38, is amended to read: 67.15 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 67.16 from commercial fishing licensees to be issued residents and 67.17 nonresidents are: 67.18 (1) for Lake Superior fish bought for sale to retailers, 67.19$70$150; 67.20 (2) for Lake Superior fish bought for sale to consumers, 67.21$15$35; 67.22 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 67.23 Lake fish bought for sale to retailers,$140$300; and 67.24 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 67.25 Lake fish bought for shipment only on international boundary 67.26 waters,$15$35. 67.27 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.28 Sec. 67. Minnesota Statutes 2002, section 97A.475, 67.29 subdivision 39, is amended to read: 67.30 Subd. 39. [FISH PACKER.] The fee for a license to prepare 67.31 dressed game fish for transportation or shipment is$20$40. 67.32 [EFFECTIVE DATE.] This section is effective March 1, 2004. 67.33 Sec. 68. Minnesota Statutes 2002, section 97A.475, 67.34 subdivision 40, is amended to read: 67.35 Subd. 40. [FISH VENDORS.] The fee for a license to use a 67.36 motor vehicle to sell fish is$35$70. 68.1 [EFFECTIVE DATE.] This section is effective March 1, 2004. 68.2 Sec. 69. Minnesota Statutes 2002, section 97A.475, 68.3 subdivision 42, is amended to read: 68.4 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 68.5 in frogs that are to be used for purposes other than bait are: 68.6 (1) for a resident to purchase, possess, and transport 68.7 frogs,$100$220; 68.8 (2) for a nonresident to purchase, possess, and transport 68.9 frogs,$280$550; and 68.10 (3) for a resident to take, possess, transport, and sell 68.11 frogs,$15$35. 68.12 [EFFECTIVE DATE.] This section is effective March 1, 2004. 68.13 Sec. 70. Minnesota Statutes 2002, section 97A.475, is 68.14 amended by adding a subdivision to read: 68.15 Subd. 45. [CAMP RIPLEY ARCHERY DEER HUNT.] The application 68.16 fee for the Camp Ripley archery deer hunt is $8. 68.17 Sec. 71. Minnesota Statutes 2002, section 97A.505, is 68.18 amended by adding a subdivision to read: 68.19 Subd. 8. [IMPORTATION OF HUNTER-HARVESTED 68.20 CERVIDAE.] Importation into Minnesota of hunter-harvested 68.21 cervidae carcasses is prohibited except for cut and wrapped 68.22 meat, quarters or other portions of meat with no part of the 68.23 spinal column or head attached, antlers, hides, teeth, finished 68.24 taxidermy mounts, and antlers attached to skull caps that are 68.25 cleaned of all brain tissue. 68.26 Sec. 72. Minnesota Statutes 2002, section 97A.505, is 68.27 amended by adding a subdivision to read: 68.28 Subd. 9. [POSSESSION OF LIVE CERVIDAE.] A person may not 68.29 possess live cervidae, except as authorized in sections 17.451 68.30 and 17.452 or 97A.401. 68.31 [EFFECTIVE DATE.] This section is effective January 1, 2004. 68.32 Sec. 73. Minnesota Statutes 2002, section 97B.311, is 68.33 amended to read: 68.34 97B.311 [DEER SEASONS AND RESTRICTIONS.] 68.35 (a) The commissioner may, by rule, prescribe restrictions 68.36 and designate areas where deer may be taken, including hunter 69.1 selection criteria for special hunts established under section 69.2 97A.401, subdivision 4. The commissioner may, by rule, 69.3 prescribe the open seasons for deer within the following periods: 69.4 (1) taking with firearms, other than muzzle-loading 69.5 firearms, between November 1 and December 15; 69.6 (2) taking with muzzle-loading firearms between September 1 69.7 and December 31; and 69.8 (3) taking by archery between September 1 and December 31. 69.9 (b) Notwithstanding paragraph (a), the commissioner may 69.10 establish special seasons within designated areasbetween69.11September 1 and January 15at any time of year. 69.12 Sec. 74. [97B.717] [MOURNING DOVES.] 69.13 Subdivision 1. [SEASON.] The commissioner shall prescribe 69.14 an open season for taking mourning doves. 69.15 Subd. 2. [LICENSE AND STAMP REQUIRED.] A person may not 69.16 take mourning doves without a small game license and a mourning 69.17 dove stamp in possession. 69.18 [EFFECTIVE DATE.] This section is effective the day 69.19 following final enactment. 69.20 Sec. 75. Minnesota Statutes 2002, section 103B.231, 69.21 subdivision 3a, is amended to read: 69.22 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 69.23 soil resources in consultation with the state review agencies 69.24 and the metropolitan councilshallmay develop a priority 69.25 schedule for the revision of plans required under this chapter. 69.26 (b) The prioritization should be based on but not be 69.27 limited to status of current plan, scheduled revision dates, 69.28 anticipated growth and development, existing and potential 69.29 problems, and regional water quality goals and priorities. 69.30 (c) The schedule will be used by the board of water and 69.31 soil resources in consultation with the state review agencies 69.32 and the metropolitan council to direct watershed management 69.33 organizations of when they will be required to revise their 69.34 plans. 69.35 (d)Upon notification from the board of water and soil69.36resources that a revision of a plan is required, a watershed70.1management organization shall have 24 months from the date of70.2notification to revise and submit a plan for review.70.3(e)In the event that a plan expires prior to notification 70.4 from the board of water and soil resources under this section, 70.5 the existing plan, authorities, and official controls of a 70.6 watershed management organization shall remain in full force and 70.7 effect until a revision is approved. 70.8(f) A one-year extension to submit a revised plan may be70.9granted by the board.70.10(g)(e) Watershed management organizations submitting plans 70.11 and draft plan amendments for review prior to the board's 70.12 priority review schedule, may proceed to adopt and implement the 70.13 plan revisions without formal board approval if the board fails 70.14 to adjust its priority review schedule for plan review, and 70.15 commence its statutory review process within 45 days of 70.16 submittal of the plan revision or amendment. 70.17 Sec. 76. Minnesota Statutes 2002, section 103B.305, 70.18 subdivision 3, is amended to read: 70.19 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 70.20 "Comprehensive local water management plan,"means70.21 "comprehensive water plan," "local water plan," and "local water 70.22 management plan" mean the plan adopted by a county under 70.23 sections 103B.311 and 103B.315. 70.24 Sec. 77. Minnesota Statutes 2002, section 103B.305, is 70.25 amended by adding a subdivision to read: 70.26 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those 70.27 local government units coordinating planning under sections 70.28 103B.301 to 103B.335. 70.29 Sec. 78. Minnesota Statutes 2002, section 103B.305, is 70.30 amended by adding a subdivision to read: 70.31 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means 70.32 issues, resources, subwatersheds, or demographic areas that are 70.33 identified as a priority by the plan authority. 70.34 Sec. 79. Minnesota Statutes 2002, section 103B.305, is 70.35 amended by adding a subdivision to read: 70.36 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 71.1 concerns scoping document" means the list of the chosen priority 71.2 concerns and a detailed account of how those concerns were 71.3 identified and chosen. 71.4 Sec. 80. Minnesota Statutes 2002, section 103B.305, is 71.5 amended by adding a subdivision to read: 71.6 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies" 71.7 means the board of water and soil resources, the department of 71.8 agriculture, the department of health, the department of natural 71.9 resources, the pollution control agency, and other agencies 71.10 granted state review status by a resolution of the board. 71.11 Sec. 81. Minnesota Statutes 2002, section 103B.311, 71.12 subdivision 1, is amended to read: 71.13 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged 71.14 to develop and implement acomprehensivelocal water management 71.15 plan. Each county that develops and implements a plan has the 71.16 duty and authority to: 71.17 (1) prepare and adopt acomprehensivelocal water 71.18 management plan that meets the requirements of this section and 71.19 section 103B.315; 71.20 (2) review water and related land resources plans and 71.21 official controls submitted by local units of government to 71.22 assure consistency with thecomprehensivelocal water management 71.23 plan; and 71.24 (3) exercise any and all powers necessary to assure 71.25 implementation ofcomprehensivelocal water management plans. 71.26 Sec. 82. Minnesota Statutes 2002, section 103B.311, 71.27 subdivision 2, is amended to read: 71.28 Subd. 2. [DELEGATION.] The county is responsible for 71.29 preparing, adopting, and assuring implementation of the 71.30comprehensivelocal water management plan, but may delegate all 71.31 or part of the preparation of the plan to a local unit of 71.32 government, a regional development commission, or a resource 71.33 conservation and development committee. The county may not 71.34 delegate authority for the exercise of eminent domain, taxation, 71.35 or assessment to a local unit of government that does not 71.36 possess those powers. 72.1 Sec. 83. Minnesota Statutes 2002, section 103B.311, 72.2 subdivision 3, is amended to read: 72.3 Subd. 3. [COORDINATION.] (a) To assure the coordination of 72.4 efforts of all local units of government within a county during 72.5 the preparation and implementation of acomprehensivelocal 72.6 water management plan, each county intending to adopt a plan 72.7 shall conduct meetings with other local units of government and 72.8 may execute agreements with other local units of government 72.9 establishing the responsibilities of each unit during the 72.10 preparation and implementation of thecomprehensivelocal water 72.11 management plan. 72.12 (b) Each county intending to adopt a plan shall coordinate 72.13 its planning program with contiguous counties. Before meeting 72.14 with local units of government, a county board shall notify the 72.15 county boards of each county contiguous to it that the county is 72.16 about to begin preparing itscomprehensivelocal water 72.17 management plan and is encouraged to request and hold a joint 72.18 meeting with the contiguous county boards to consider the 72.19 planning process. 72.20 Sec. 84. Minnesota Statutes 2002, section 103B.311, 72.21 subdivision 4, is amended to read: 72.22 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A 72.23comprehensivelocal water management plan must: 72.24 (1) cover the entire area within a county; 72.25 (2) address water problems in the context of watershed 72.26 units and groundwater systems; 72.27 (3) be based upon principles of sound hydrologic management 72.28 of water, effective environmental protection, and efficient 72.29 management; 72.30 (4) be consistent withcomprehensivelocal water management 72.31 plans prepared by counties and watershed management 72.32 organizations wholly or partially within a single watershed unit 72.33 or groundwater system; and 72.34 (5) thecomprehensivelocal water management plan must 72.35 specify the period covered by thecomprehensivelocal water 72.36 management plan and must extend at least five years but no more 73.1 than ten years from the date the board approves 73.2 thecomprehensivelocal water management plan. 73.3ComprehensiveLocal water management plans that contain revision 73.4 dates inconsistent with this section must comply with that date, 73.5 provided it is not more than ten years beyond the date of board 73.6 approval. A two-year extension of the revision date of 73.7 acomprehensivelocal water management plan may be granted by 73.8 the board, provided no projects are ordered or commenced during 73.9 the period of the extension. 73.10 (b) Existing water and related land resources plans, 73.11 including plans related to agricultural land preservation 73.12 programs developed pursuant to chapter 40A, must be fully 73.13 utilized in preparing thecomprehensivelocal water management 73.14 plan. Duplication of the existing plans is not required. 73.15 Sec. 85. [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 73.16 Each priority concerns scoping document must contain: 73.17 (1) the list of proposed priority concerns the plan will 73.18 address; and 73.19 (2) a description of how and why the priority concerns were 73.20 chosen, including: 73.21 (i) a list of all public and internal forums held to gather 73.22 input regarding priority concerns, including the dates they were 73.23 held, a list of participants and affiliated organizations, a 73.24 summary of the proceedings, and supporting data; 73.25 (ii) the process used to locally coordinate and resolve 73.26 differences between the plan's priority concerns and other 73.27 state, local, and regional concerns; and 73.28 (iii) a list of issues identified by the stakeholders but 73.29 not selected as priority concerns, why they were not included in 73.30 the list of priority concerns, and a brief description of how 73.31 the concerns may be addressed or delegated to other partnering 73.32 entities. 73.33 Sec. 86. [103B.313] [PLAN DEVELOPMENT.] 73.34 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water 73.35 management plan authority shall send a notice to local 73.36 government units partially or wholly within the planning 74.1 jurisdiction, adjacent counties, and state review agencies of 74.2 their intent to revise the local water management plan. The 74.3 notice of a plan revision must include an invitation for all 74.4 recipients to submit priority concerns they wish to see the plan 74.5 address. 74.6 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING 74.7 AUTHORITY.] Local governments and state review agencies must 74.8 submit the priority concerns they want the plan to address to 74.9 the plan authority within 45 days of receiving the notice 74.10 defined in subdivision 1 or within an otherwise agreed-upon time 74.11 frame. 74.12 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting 74.13 the priority concerns scoping document to the board, the plan 74.14 authority shall publish a legal notice for and conduct a public 74.15 information meeting. 74.16 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 74.17 TO BOARD.] The plan authority shall send the scoping document to 74.18 all state review agencies for review and comment. State review 74.19 agencies shall provide comments on the plan outline to the board 74.20 within 30 days of receipt. 74.21 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 74.22 DOCUMENT.] The board shall review the scoping document and the 74.23 comments submitted in accordance with this subdivision. The 74.24 board shall provide comments to the local plan authority within 74.25 60 days of receiving the scoping document, or after the next 74.26 regularly scheduled board meeting, whichever is later. No local 74.27 water management plan may be approved pursuant to section 74.28 103B.315 without addressing items communicated in the board 74.29 comments to the plan authority. The plan authority may request 74.30 that resolution of unresolved issues be addressed pursuant to 74.31 board policy defined in section 103B.345. 74.32 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION 74.33 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 74.34 review agencies shall, upon request from the local government, 74.35 provide existing plans, reports, and data analysis related to 74.36 priority concerns to the plan author within 60 days from the 75.1 date of the request or within an otherwise agreed upon time 75.2 frame. 75.3 Sec. 87. [103B.314] [CONTENTS OF PLAN.] 75.4 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an 75.5 executive summary, including: 75.6 (1) the purpose of the local water management plan; 75.7 (2) a description of the priority concerns to be addressed 75.8 by the plan; 75.9 (3) a summary of goals and actions to be taken along with 75.10 the projected total cost of the implementation program; 75.11 (4) a summary of the consistency of the plan with other 75.12 pertinent local, state, and regional plans and controls, and 75.13 where inconsistencies are noted; and 75.14 (5) a summary of recommended amendments to other plans and 75.15 official controls to achieve consistency. 75.16 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each 75.17 priority concern defined pursuant to section 103B.312, clause 75.18 (1), the plan shall analyze relevant data, plans, and policies 75.19 provided by agencies consistent with section 103B.313, 75.20 subdivision 6, and describe the magnitude of the concern, 75.21 including how the concern is impacting or changing the local 75.22 land and water resources. 75.23 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY 75.24 CONCERNS.] Each plan must contain specific measurable goals and 75.25 objectives relating to the priority concerns and other state, 75.26 regional, or local concerns. The goals and objectives must 75.27 coordinate and attempt to resolve conflict with city, county, 75.28 regional, or state goals and policies. 75.29 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY 75.30 CONCERNS.] (a) For the measurable goals identified in 75.31 subdivision 3, each plan must include an implementation program 75.32 that includes the items described in paragraphs (b) to (e). 75.33 (b) An implementation program may include actions 75.34 involving, but not limited to, data collection programs, 75.35 educational programs, capital improvement projects, project 75.36 feasibility studies, enforcement strategies, amendments to 76.1 existing official controls, and adoption of new official 76.2 controls. If the local government finds that no actions are 76.3 necessary to address the goals and objectives identified in 76.4 subdivision 3 it must explain why actions are not needed. Staff 76.5 and financial resources available or needed to carry out the 76.6 local water management plan must be stated. 76.7 (c) The implementation schedule must state the time in 76.8 which each of the actions contained in the implementation 76.9 program will be taken. 76.10 (d) If a local government unit has made any agreement for 76.11 the implementation of the plan or portions of a plan by another 76.12 local unit of government, that local unit must be specified, the 76.13 responsibility indicated, and a description included indicating 76.14 how and when the implementation will happen. 76.15 (e) If capital improvement projects are proposed to 76.16 implement the local water management plan, the projects must be 76.17 described in the plan. The description of a proposed capital 76.18 improvement project must include the following information: 76.19 (1) the physical components of the project, including their 76.20 approximate size, configuration, and location; 76.21 (2) the purposes of the project and relationship to the 76.22 objectives in the plan; 76.23 (3) the proposed schedule for project construction; 76.24 (4) the expected federal, state, and local costs; 76.25 (5) the types of financing proposed, such as special 76.26 assessments, ad valorem taxes, and grants; and 76.27 (6) the sources of local financing proposed. 76.28 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 76.29 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 76.30 actions that will be taken to carry out the responsibilities or 76.31 activities, identify the lead and supporting organizations or 76.32 government units that will be involved in carrying out the 76.33 action, and estimate the cost of each action. 76.34 Subd. 6. [AMENDMENTS.] The plan authority may initiate an 76.35 amendment to the local water management plan by submitting a 76.36 petition to the board and sending copies of the proposed 77.1 amendment and the date of the public hearing to the following 77.2 entities for review: local government units defined in section 77.3 103B.305, subdivision 5, that are within the plan's 77.4 jurisdiction; and the state review agencies. 77.5 After the public hearing the board shall review the 77.6 amendment pursuant to section 103B.315, subdivision 5, 77.7 paragraphs (b) and (c). The amendment becomes part of the local 77.8 water management plan after being approved by the board. The 77.9 board must send the order and the approved amendment to the 77.10 entities that received the proposed amendment and notice of the 77.11 public hearing. 77.12 Sec. 88. Minnesota Statutes 2002, section 103B.315, 77.13 subdivision 4, is amended to read: 77.14 Subd. 4. [PUBLIC HEARING.] The county board shall conduct 77.15 a public hearing on thecomprehensivelocal water management 77.16 plan pursuant to section 375.51after the 60-day period for77.17local review and comment is completed but before submitting it77.18to the state for review. 77.19 Sec. 89. Minnesota Statutes 2002, section 103B.315, 77.20 subdivision 5, is amended to read: 77.21 Subd. 5. [STATE REVIEW.] (a) After conducting the public 77.22 hearing but before final adoption, the county board must submit 77.23 itscomprehensivelocal water management plan, all written 77.24 comments received on the plan, a record of the public hearing 77.25 under subdivision 4, and a summary of changes incorporated as a 77.26 result of the review process to the board for review. The board 77.27 shall complete the review within 90 days after receiving a 77.28comprehensivelocal water management plan and supporting 77.29 documents. The board shall consult with the departments of 77.30 agriculture, health, and natural resources; the pollution 77.31 control agency; the environmental quality board; and other 77.32 appropriate state agencies during the review. 77.33 (b) The board may disapprove acomprehensivelocal water 77.34 management plan if the board determines the plan is not 77.35 consistent with state law. If a plan is disapproved, the board 77.36 shall provide a written statement of its reasons for 78.1 disapproval. A disapprovedcomprehensivelocal water management 78.2 plan must be revised by the county board and resubmitted for 78.3 approval by the board within 120 days after receiving notice of 78.4 disapproval of thecomprehensivelocal water management plan, 78.5 unless the board extends the period for good cause.The78.6decision of the board to disapprove the plan may be appealed by78.7the county to district court.78.8 (c) If the local government unit disagrees with the board's 78.9 decision to disapprove the plan, it may, within 60 days, 78.10 initiate mediation through the board's informal dispute 78.11 resolution process as established pursuant to section 103B.345, 78.12 subdivision 1. A local government unit may appeal disapproval 78.13 to the court of appeals. A decision of the board on appeal is 78.14 subject to judicial review under sections 14.63 to 14.69. 78.15 Sec. 90. Minnesota Statutes 2002, section 103B.315, 78.16 subdivision 6, is amended to read: 78.17 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board 78.18 shall adopt and begin implementation of itscomprehensivelocal 78.19 water management plan within 120 days after receiving notice of 78.20 approval of the plan from the board. 78.21 Sec. 91. Minnesota Statutes 2002, section 103B.321, 78.22 subdivision 1, is amended to read: 78.23 Subdivision 1. [GENERAL.] The board shall: 78.24 (1) develop guidelines for the contents ofcomprehensive78.25 local water management plans that provide for a flexible 78.26 approach to meeting the different water and related land 78.27 resources needs of counties and watersheds across the state; 78.28 (2) coordinate assistance of state agencies to counties and 78.29 other local units of government involved in preparation of 78.30comprehensivelocal water management plans, including 78.31 identification of pertinent data and studies available from the 78.32 state and federal government; 78.33 (3) conduct an active program of information and education 78.34 concerning the requirements and purposes of sections 103B.301 to 78.35 103B.355 in conjunction with the association of Minnesota 78.36 counties; 79.1 (4) determine contested cases under section 103B.345; 79.2 (5) establish a process for review ofcomprehensivelocal 79.3 water management plans that assures the plans are consistent 79.4 with state law; and 79.5 (6)report to the house of representatives and senate79.6committees with jurisdiction over the environment, natural79.7resources, and agriculture as required by section 103B.351; and79.8(7)make grants to counties forcomprehensivelocal water 79.9 management planning, implementation of priority actions 79.10 identified in approved plans, and sealing of abandoned wells. 79.11 Sec. 92. Minnesota Statutes 2002, section 103B.321, 79.12 subdivision 2, is amended to read: 79.13 Subd. 2. [RULEMAKING.] The boardshallmay adopt rules to 79.14 implement sections 103B.301 to 103B.355. 79.15 Sec. 93. Minnesota Statutes 2002, section 103B.325, 79.16 subdivision 1, is amended to read: 79.17 Subdivision 1. [REQUIREMENT.] Local units of government 79.18 shall amend existing water and related land resources plans and 79.19 official controls as necessary to conform them to the 79.20 applicable, approvedcomprehensivelocal water management plan 79.21 following the procedures in this section. 79.22 Sec. 94. Minnesota Statutes 2002, section 103B.325, 79.23 subdivision 2, is amended to read: 79.24 Subd. 2. [PROCEDURE.] Within 90 days after local units of 79.25 government are notified by the county board of the adoption of a 79.26comprehensivelocal water management plan or of adoption of an 79.27 amendment to a comprehensive water plan, the local units of 79.28 government exercising water and related land resources planning 79.29 and regulatory responsibility for areas within the county must 79.30 submit existing water and related land resources plans and 79.31 official controls to the county board for review. The county 79.32 board shall identify any inconsistency between the plans and 79.33 controls and thecomprehensivelocal water management plan and 79.34 shall recommend the amendments necessary to bring local plans 79.35 and official controls into conformance with thecomprehensive79.36 local water management plan. 80.1 Sec. 95. Minnesota Statutes 2002, section 103B.331, 80.2 subdivision 1, is amended to read: 80.3 Subdivision 1. [AUTHORITY.] When an approvedcomprehensive80.4 local water management plan is adopted the county has the 80.5 authority specified in this section. 80.6 Sec. 96. Minnesota Statutes 2002, section 103B.331, 80.7 subdivision 2, is amended to read: 80.8 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The 80.9 county may regulate the use and development of water and related 80.10 land resources within incorporated areas when one or more of the 80.11 following conditions exists: 80.12 (1) the municipality does not have a local water and 80.13 related land resources plan or official controls consistent with 80.14 thecomprehensivelocal water management plan; 80.15 (2) a municipal action granting a variance or conditional 80.16 use would result in an action inconsistent with the 80.17comprehensivelocal water management plan; 80.18 (3) the municipality has authorized the county to require 80.19 permits for the use and development of water and related land 80.20 resources; or 80.21 (4) a state agency has delegated the administration of a 80.22 state permit program to the county. 80.23 Sec. 97. Minnesota Statutes 2002, section 103B.331, 80.24 subdivision 3, is amended to read: 80.25 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 80.26 county may: 80.27 (1) acquire in the name of the county, by condemnation 80.28 under chapter 117, real and personal property found by the 80.29 county board to be necessary for the implementation of an 80.30 approvedcomprehensivelocal water management plan; 80.31 (2) assess the costs of projects necessary to implement the 80.32comprehensivelocal water management plan undertaken under 80.33 sections 103B.301 to 103B.355 upon the property benefited within 80.34 the county in the manner provided for municipalities by chapter 80.35 429; 80.36 (3) charge users for services provided by the county 81.1 necessary to implement thecomprehensivelocal water management 81.2 plan; and 81.3 (4) establish one or more special taxing districts within 81.4 the county and issue bonds for the purpose of financing capital 81.5 improvements under sections 103B.301 to 103B.355. 81.6 Sec. 98. Minnesota Statutes 2002, section 103B.3363, 81.7 subdivision 3, is amended to read: 81.8 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 81.9 "Comprehensive local water management plan,"means81.10 "comprehensive water plan," "local water plan," and "local water 81.11 management plan" mean a county water plan authorized under 81.12 section 103B.311, a watershed management plan required under 81.13 section 103B.231, a watershed management plan required under 81.14 section 103D.401 or 103D.405, or a county groundwater plan 81.15 authorized under section 103B.255. 81.16 Sec. 99. Minnesota Statutes 2002, section 103B.3369, 81.17 subdivision 2, is amended to read: 81.18 Subd. 2. [ESTABLISHMENT.] A Local Water Resources 81.19 Protection and Management Program is established. The board 81.20shallmay provide financial assistance tocounties forlocal 81.21 units of government for activities that protect or manage water 81.22 and related land quality. The activities include planning, 81.23 zoning, official controls, and other activities to 81.24 implementcomprehensivelocal water management plans. 81.25 Sec. 100. Minnesota Statutes 2002, section 103B.3369, 81.26 subdivision 4, is amended to read: 81.27 Subd. 4. [CONTRACTSWITH LOCAL GOVERNMENTS.] Acounty81.28 local unit of government may contractwith other appropriate81.29local units of governmentto implement programs. An explanation 81.30 of the program responsibilities proposed to be contractedwith81.31other local units of governmentmust accompany grant requests. 81.32 Acountylocal unit of government that contractswith other81.33local units of governmentis responsible for ensuring that state 81.34 funds are properly expended and for providing an annual report 81.35 to the board describing expenditures of funds and program 81.36 accomplishments. 82.1 Sec. 101. Minnesota Statutes 2002, section 103B.3369, 82.2 subdivision 5, is amended to read: 82.3 Subd. 5. [FINANCIAL ASSISTANCE.]The board may award82.4grants to watershed management organizations in the seven-county82.5metropolitan area or counties to carry out water resource82.6protection and management programs identified as priorities in82.7comprehensive local water plans. Grants may be used to employ82.8persons and to obtain and use information necessary to:82.9(1) develop comprehensive local water plans under sections82.10103B.255 and 103B.311 that have not received state funding for82.11water resources planning as provided for in Laws 1987, chapter82.12404, section 30, subdivision 5, clause (a);82.13(2) revise comprehensive local water plans under section82.14103B.201; and82.15(3) implement comprehensive local water plans.82.16 A base grantshallmay be awarded to a county that levies a 82.17 water implementation tax at a rate, which shall be determined by 82.18 the board. The minimum amount of the water implementation tax 82.19 shall be a tax rate times the adjusted net tax capacity of the 82.20 county for the preceding year. The rate shall be the rate, 82.21 rounded to the nearest .001 of a percent, that, when applied to 82.22 the adjusted net tax capacity for all counties, raises the 82.23 amount of $1,500,000. The base grant will be in an amount equal 82.24 to $37,500 less the amount raised by that levy. If the amount 82.25 necessary to implement the local water plan for the county is 82.26 less than $37,500, the amount of the base grant shall be the 82.27 amount that, when added to the levy amount, equals the amount 82.28 required to implement the plan. For counties where the tax rate 82.29 generates an amount equal to or greater than $18,750, the base 82.30 grant shall be in an amount equal to $18,750. 82.31 Sec. 102. Minnesota Statutes 2002, section 103B.3369, 82.32 subdivision 6, is amended to read: 82.33 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 82.34 programs under this section must be reviewed by the state agency 82.35 having statutory program authority to assure compliance with 82.36 minimum state standards. At the request of the state agency 83.1 commissioner, the board shall revoke the portion of a grant used 83.2 to support a program not in compliance. 83.3 (b) Grants provided to develop or revisecomprehensive83.4 local water management plans may not be awarded for a time 83.5 longer than two years. 83.6 (c) Acountylocal unit of government may not request or be 83.7 awarded grants for project implementation unless acomprehensive83.8 local management water plan has been adopted. 83.9 Sec. 103. Minnesota Statutes 2002, section 103B.355, is 83.10 amended to read: 83.11 103B.355 [APPLICATION.] 83.12 Sections 103B.301 to 103B.355 do not apply in areas subject 83.13 to the requirements of sections 103B.201 to 103B.255 under 83.14 section 103B.231, subdivision 1, and in areas covered by an 83.15 agreement under section 103B.231, subdivision 2, except as 83.16 otherwise provided insectionssection 103B.311, subdivision 4, 83.17 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),83.18and 2, clause (b). 83.19 Sec. 104. Minnesota Statutes 2002, section 103D.341, 83.20 subdivision 2, is amended to read: 83.21 Subd. 2. [PROCEDURE.] (a) Rules of the watershed district 83.22 must be adopted or amended by a majority vote of the managers, 83.23 after public notice and hearing. Rules must be signed by the 83.24 secretary of the board of managers and recorded in the board of 83.25 managers' official minute book. 83.26 (b) Prior to adoption, the proposed rule or amendment to 83.27 the rule must be submitted to the board for review and comment. 83.28 The board's review shall be considered advisory. The board 83.29 shall have 45 days from receipt of the proposed rule or 83.30 amendment to the rule to provide its comments in writing to the 83.31 watershed district. Proposed rules or amendments to the rule 83.32 shall also be noticed for review and comment to all public 83.33 transportation authorities that have jurisdiction within the 83.34 watershed district at least 45 days prior to adoption. The 83.35 public transportation authorities have 45 days from receipt of 83.36 the proposed rule or amendment to the rule to provide comments 84.1 in writing to the watershed district. 84.2 (c) For each county affected by the watershed district, the 84.3 managers must publish a notice of hearings and adopted rules in 84.4 one or more legal newspapers published in the county and 84.5 generally circulated in the watershed district. The managers 84.6 must also provide written notice of adopted or amended rules to 84.7 public transportation authorities that have jurisdiction within 84.8 the watershed district. The managers must file adopted rules 84.9 with the county recorder of each county affected by the 84.10 watershed district and the board. 84.11 (d) The managers must mail a copy of the rules to the 84.12 governing body of each municipality affected by the watershed 84.13 district. 84.14 Sec. 105. Minnesota Statutes 2002, section 103D.345, is 84.15 amended by adding a subdivision to read: 84.16 Subd. 6. [GENERAL PERMITS.] A watershed district may issue 84.17 general permits for public transportation projects for work on 84.18 existing roads. 84.19 Sec. 106. Minnesota Statutes 2002, section 103D.405, 84.20 subdivision 2, is amended to read: 84.21 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years 84.22 and six months from the date that the board approved a watershed 84.23 management plan or the last revised watershed management plan, 84.24 the managers must consider the requirements under subdivision 1 84.25 and adopt a revised watershed management plan outline and send a 84.26 copy of the outline to the board. 84.27 (b) By 60 days after receiving a revised watershed 84.28 management plan outline, the board must review it, adopt 84.29 recommendations regarding the revised watershed management plan 84.30 outline, and send the recommendations to the managers. 84.31 (c)By 120 daysAfter receiving the board's recommendations 84.32 regarding the revised watershed management plan outline, the 84.33 managers must complete the revised watershed management plan. 84.34 Sec. 107. Minnesota Statutes 2002, section 103D.537, is 84.35 amended to read: 84.36 103D.537 [APPEALS OF RULES, PERMIT DECISIONS, AND ORDERS 85.1NOT INVOLVING PROJECTS.] 85.2 (a) Except as provided in section 103D.535, an interested 85.3 party may appeal a permit decision or order made by the managers 85.4 by a declaratory judgment action brought under chapter 555. An 85.5 interested party may appeal a rule made by the managers by a 85.6 declaratory judgment action brought under chapter 555 or by 85.7 appeal to the board. The decision on appeal must be based on 85.8 the record made in the proceeding before the managers. An 85.9 appeal of a permit decision or order must be filed within 30 85.10 days of the managers' decision. 85.11 (b) In addition to the authorities identified in paragraph 85.12 (a), a public transportation authority may appeal a watershed 85.13 district permit decision to the board. The board shall, upon 85.14 request of the public transportation authority, conduct an 85.15 expedited appeal hearing within 30 days or less from the date of 85.16 the appeal being accepted. 85.17 (c) By January 1,19972005, the board shall adopt rules 85.18 governing appeals to the board underparagraph85.19 paragraphs (a) and (b). A decision of the board on appeal is 85.20 subject to judicial review under sections 14.63 to 14.69. The 85.21 rules authorized in this paragraph are exempt from the 85.22 rulemaking provisions of chapter 14 except that section 14.386 85.23 applies and the proposed rules must be submitted to the members 85.24 of senate and house environment and natural resource and 85.25 transportation policy committees at least 30 days prior to being 85.26 published in the State Register. The amended rules are 85.27 effective for two years from the date of publication of the 85.28 rules in the State Register unless they are superseded by 85.29 permanent rules. 85.30 Sec. 108. Minnesota Statutes 2002, section 103G.005, 85.31 subdivision 10e, is amended to read: 85.32 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government 85.33 unit" means: 85.34 (1) outside of the seven-county metropolitan area, a city 85.35 councilor, county board of commissioners, or a soil and water 85.36 conservation district or their delegate; 86.1 (2) in the seven-county metropolitan area, a city council, 86.2 a town board under section 368.01,ora watershed management 86.3 organization under section 103B.211, or a soil and water 86.4 conservation district or their delegate; and 86.5 (3) on state land, the agency with administrative 86.6 responsibility for the land. 86.7 Sec. 109. Minnesota Statutes 2002, section 103G.222, 86.8 subdivision 1, is amended to read: 86.9 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be 86.10 drained or filled, wholly or partially, unless replaced by 86.11 restoring or creating wetland areas of at least equal public 86.12 value under a replacement plan approved as provided in section 86.13 103G.2242, a replacement plan under a local governmental unit's 86.14 comprehensive wetland protection and management plan approved by 86.15 the board under section 103G.2243, or, if a permit to mine is 86.16 required under section 93.481, under a mining reclamation plan 86.17 approved by the commissioner under the permit to mine. Mining 86.18 reclamation plans shall apply the same principles and standards 86.19 for replacing wetlands by restoration or creation of wetland 86.20 areas that are applicable to mitigation plans approved as 86.21 provided in section 103G.2242. Public value must be determined 86.22 in accordance with section 103B.3355 or a comprehensive wetland 86.23 protection and management plan established under section 86.24 103G.2243. Sections 103G.221 to 103G.2372 also apply to 86.25 excavation in permanently and semipermanently flooded areas of 86.26 types 3, 4, and 5 wetlands. 86.27 (b) Replacement must be guided by the following principles 86.28 in descending order of priority: 86.29 (1) avoiding the direct or indirect impact of the activity 86.30 that may destroy or diminish the wetland; 86.31 (2) minimizing the impact by limiting the degree or 86.32 magnitude of the wetland activity and its implementation; 86.33 (3) rectifying the impact by repairing, rehabilitating, or 86.34 restoring the affected wetland environment; 86.35 (4) reducing or eliminating the impact over time by 86.36 preservation and maintenance operations during the life of the 87.1 activity; 87.2 (5) compensating for the impact by restoring a wetland; and 87.3 (6) compensating for the impact by replacing or providing 87.4 substitute wetland resources or environments. 87.5 For a project involving the draining or filling of wetlands 87.6 in an amount not exceeding 10,000 square feet more than the 87.7 applicable amount in section 103G.2241, subdivision 9, paragraph 87.8 (a), the local government unit may make an on-site sequencing 87.9 determination without a written alternatives analysis from the 87.10 applicant. 87.11 (c) If a wetland is located in a cultivated field, then 87.12 replacement must be accomplished through restoration only 87.13 without regard to the priority order in paragraph (b), provided 87.14 that a deed restriction is placed on the altered wetland 87.15 prohibiting nonagricultural use for at least ten years. 87.16 (d) Restoration and replacement of wetlands must be 87.17 accomplished in accordance with the ecology of the landscape 87.18 area affected. 87.19 (e) Except as provided in paragraph (f), for a wetland or 87.20 public waters wetland located on nonagricultural land, 87.21 replacement must be in the ratio of two acres of replaced 87.22 wetland for each acre of drained or filled wetland. 87.23 (f) For a wetland or public waters wetland located on 87.24 agricultural land or in a greater than 80 percent area, 87.25 replacement must be in the ratio of one acre of replaced wetland 87.26 for each acre of drained or filled wetland. 87.27 (g) Wetlands that are restored or created as a result of an 87.28 approved replacement plan are subject to the provisions of this 87.29 section for any subsequent drainage or filling. 87.30 (h) Except in a greater than 80 percent area, only wetlands 87.31 that have been restored from previously drained or filled 87.32 wetlands, wetlands created by excavation in nonwetlands, 87.33 wetlands created by dikes or dams along public or private 87.34 drainage ditches, or wetlands created by dikes or dams 87.35 associated with the restoration of previously drained or filled 87.36 wetlands may be used in a statewide banking program established 88.1 in rules adopted under section 103G.2242, subdivision 1. 88.2 Modification or conversion of nondegraded naturally occurring 88.3 wetlands from one type to another are not eligible for 88.4 enrollment in a statewide wetlands bank. 88.5 (i) The technical evaluation panel established under 88.6 section 103G.2242, subdivision 2, shall ensure that sufficient 88.7 time has occurred for the wetland to develop wetland 88.8 characteristics of soils, vegetation, and hydrology before 88.9 recommending that the wetland be deposited in the statewide 88.10 wetland bank. If the technical evaluation panel has reason to 88.11 believe that the wetland characteristics may change 88.12 substantially, the panel shall postpone its recommendation until 88.13 the wetland has stabilized. 88.14 (j) This section and sections 103G.223 to 103G.2242, 88.15 103G.2364, and 103G.2365 apply to the state and its departments 88.16 and agencies. 88.17 (k) For projects involving draining or filling of wetlands 88.18 associated with a new public transportation projectin a greater88.19than 80 percent area, and for projects expanded solely for 88.20 additional traffic capacity, public transportation authorities,88.21other than the state department of transportation, may purchase88.22credits from the state wetland bank established with proceeds88.23from Laws 1994, chapter 643, section 26, subdivision 3,88.24paragraph (c). Wetland banking credits may be purchased at the88.25least of the following, but in no case shall the purchase price88.26be less than $400 per acre: (1) the cost to the state to88.27establish the credits; (2) the average estimated market value of88.28agricultural land in the township where the road project is88.29located, as determined by the commissioner of revenue; or (3)88.30the average value of the land in the immediate vicinity of the88.31road project as determined by the county assessor. Public88.32transportation authorities in a less than 80 percent areamay 88.33 purchase credits from thestateboard at the cost to thestate88.34 board to establish credits. 88.35 (l) A replacement plan for wetlands is not required for 88.36 individual projects that result in the filling or draining of 89.1 wetlands for the repair, rehabilitation, reconstruction, or 89.2 replacement of a currently serviceable existing state, city, 89.3 county, or town public road necessary, as determined by the 89.4 public transportation authority, to meet state or federal design 89.5 or safety standards or requirements, excluding new roads or 89.6 roads expanded solely for additional traffic capacity lanes. 89.7 This paragraph only applies to authorities for public 89.8 transportation projects that: 89.9 (1) minimize the amount of wetland filling or draining 89.10 associated with the project and consider mitigating important 89.11 site-specific wetland functions on-site; 89.12 (2) except as provided in clause (3), submit 89.13 project-specific reports to the board, the technical evaluation 89.14 panel, the commissioner of natural resources, and members of the 89.15 public requesting a copy at least 30 days prior to construction 89.16 that indicate the location, amount, and type of wetlands to be 89.17 filled or drained by the project or, alternatively, convene an 89.18 annual meeting of the parties required to receive notice to 89.19 review projects to be commenced during the upcoming year; and 89.20 (3) for minor and emergency maintenance work impacting less 89.21 than 10,000 square feet, submit project-specific reports, within 89.22 30 days of commencing the activity, to the board that indicate 89.23 the location, amount, and type of wetlands that have been filled 89.24 or drained. 89.25 Those required to receive notice of public transportation 89.26 projects may appeal minimization, delineation, and on-site 89.27 mitigation decisions made by the public transportation authority 89.28 to the board according to the provisions of section 103G.2242, 89.29 subdivision 9. The technical evaluation panel shall review 89.30 minimization and delineation decisions made by the public 89.31 transportation authority and provide recommendations regarding 89.32 on-site mitigation if requested to do so by the local government 89.33 unit, a contiguous landowner, or a member of the technical 89.34 evaluation panel. 89.35 Except for state public transportation projects, for which 89.36 the state department of transportation is responsible, the board 90.1 must replace the wetlands, and wetland areas of public waters if 90.2 authorized by the commissioner or a delegated authority, drained 90.3 or filled by public transportation projects on existing roads. 90.4 Public transportation authorities at their discretion may 90.5 deviate from federal and state design standards on existing road 90.6 projects when practical and reasonable to avoid wetland filling 90.7 or draining, provided that public safety is not unreasonably 90.8 compromised. The local road authority and its officers and 90.9 employees are exempt from liability for any tort claim for 90.10 injury to persons or property arising from travel on the highway 90.11 and related to the deviation from the design standards for 90.12 construction or reconstruction under this paragraph. This 90.13 paragraph does not preclude an action for damages arising from 90.14 negligence in construction or maintenance on a highway. 90.15 (m) If a landowner seeks approval of a replacement plan 90.16 after the proposed project has already affected the wetland, the 90.17 local government unit may require the landowner to replace the 90.18 affected wetland at a ratio not to exceed twice the replacement 90.19 ratio otherwise required. 90.20 (n) A local government unit may request the board to 90.21 reclassify a county or watershed on the basis of its percentage 90.22 of presettlement wetlands remaining. After receipt of 90.23 satisfactory documentation from the local government, the board 90.24 shall change the classification of a county or watershed. If 90.25 requested by the local government unit, the board must assist in 90.26 developing the documentation. Within 30 days of its action to 90.27 approve a change of wetland classifications, the board shall 90.28 publish a notice of the change in the Environmental Quality 90.29 Board Monitor. 90.30 (o) One hundred citizens who reside within the jurisdiction 90.31 of the local government unit may request the local government 90.32 unit to reclassify a county or watershed on the basis of its 90.33 percentage of presettlement wetlands remaining. In support of 90.34 their petition, the citizens shall provide satisfactory 90.35 documentation to the local government unit. The local 90.36 government unit shall consider the petition and forward the 91.1 request to the board under paragraph (n) or provide a reason why 91.2 the petition is denied. 91.3 Sec. 110. Minnesota Statutes 2002, section 103G.222, 91.4 subdivision 3, is amended to read: 91.5 Subd. 3. [WETLAND REPLACEMENT SITING.] (a) Siting wetland 91.6 replacement must follow this priority order: 91.7 (1) on site or in the same minor watershed as the affected 91.8 wetland; 91.9 (2) in the same watershed as the affected wetland; 91.10 (3) in the same county as the affected wetland; 91.11 (4) in an adjacent watershed or county to the affected 91.12 wetland; and 91.13 (5) statewide, only for wetlands affected in greater than 91.14 80 percent areas and for public transportation projects, except 91.15 that wetlands affected in less than 50 percent areas must be 91.16 replaced in less than 50 percent areas, and wetlands affected in 91.17 the seven-county metropolitan areamustmay be replaced in the 91.18 affected county or, if no restoration opportunities exist in the 91.19 county, in another area comprised of the major watersheds that 91.20 drain into the seven-county metropolitan area county at a ratio 91.21 of two to one, but at least one acre must be replaced within the 91.22 metropolitan area. 91.23 (b) The exception in paragraph (a), clause (5), does not 91.24 apply to replacement completed using wetland banking credits 91.25 established by a person who submitted a complete wetland banking 91.26 application to a local government unit by April 1, 1996. 91.27 (c) When reasonable, practicable, and environmentally 91.28 beneficial replacement opportunities are not available in siting 91.29 priorities listed in paragraph (a), the applicant may seek 91.30 opportunities at the next level. 91.31 (d) For the purposes of this section, "reasonable, 91.32 practicable, and environmentally beneficial replacement 91.33 opportunities" are defined as opportunities that: 91.34 (1) take advantage of naturally occurring 91.35 hydrogeomorphological conditions and require minimal landscape 91.36 alteration; 92.1 (2) have a high likelihood of becoming a functional wetland 92.2 that will continue in perpetuity; 92.3 (3) do not adversely affect other habitat types or 92.4 ecological communities that are important in maintaining the 92.5 overall biological diversity of the area; and 92.6 (4) are available and capable of being done after taking 92.7 into consideration cost, existing technology, and logistics 92.8 consistent with overall project purposes. 92.9 (e) Regulatory agencies, local government units, and other 92.10 entities involved in wetland restoration shall collaborate to 92.11 identify potential replacement opportunities within their 92.12 jurisdictional areas. 92.13 Sec. 111. Minnesota Statutes 2002, section 103G.2242, is 92.14 amended by adding a subdivision to read: 92.15 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for 92.16 managing wetland bank accounts and transactions as follows: 92.17 (1) account maintenance annual fee: one percent of the 92.18 value of credits not to exceed $500; 92.19 (2) account establishment, deposit, or transfer: 6.5 92.20 percent of the value of credits not to exceed $1,000 per 92.21 establishment, deposit, or transfer; and 92.22 (3) withdrawal fee: 6.5 percent of the value of credits 92.23 withdrawn. 92.24 Sec. 112. Minnesota Statutes 2002, section 103G.2242, is 92.25 amended by adding a subdivision to read: 92.26 Subd. 15. [FEES PAID TO BOARD.] All fees established in 92.27 subdivision 14 must be paid to the board of water and soil 92.28 resources and credited to the general fund to be used for the 92.29 purpose of administration of the wetland bank. 92.30 Sec. 113. Minnesota Statutes 2002, section 103G.271, 92.31 subdivision 6, is amended to read: 92.32 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 92.33 described in paragraphs (b) to (f), a water use permit 92.34 processing fee must be prescribed by the commissioner in 92.35 accordance with thefollowingschedule of fees in this 92.36 subdivision for each water use permit in force at any time 93.1 during the year. The schedule is as follows, with the stated 93.2 fee in each clause applied to the total amount appropriated: 93.3 (1)0.05 cents per 1,000 gallons$101 forthe firstamounts 93.4 not exceeding 50,000,000 gallons per year; 93.5 (2)0.10 cents$3 per1,0001,000,000 gallons for amounts 93.6 greater than 50,000,000 gallons but less than 100,000,000 93.7 gallons per year; 93.8 (3)0.15 cents$3.50 per1,0001,000,000 gallons for 93.9 amounts greater than 100,000,000 gallons but less than 93.10 150,000,000 gallons per year; 93.11 (4)0.20 cents$4 per1,0001,000,000 gallons for amounts 93.12 greater than 150,000,000 gallons but less than 200,000,000 93.13 gallons per year; 93.14 (5)0.25 cents$4.50 per1,0001,000,000 gallons for 93.15 amounts greater than 200,000,000 gallons but less than 93.16 250,000,000 gallons per year; 93.17 (6)0.30 cents$5 per1,0001,000,000 gallons for amounts 93.18 greater than 250,000,000 gallons but less than 300,000,000 93.19 gallons per year; 93.20 (7)0.35 cents$5.50 per1,0001,000,000 gallons for 93.21 amounts greater than 300,000,000 gallons but less than 93.22 350,000,000 gallons per year; 93.23 (8)0.40 cents$6 per1,0001,000,000 gallons for amounts 93.24 greater than 350,000,000 gallons but less than 400,000,000 93.25 gallons per year;and93.26 (9)0.45 cents$6.50 per1,0001,000,000 gallons for 93.27 amounts greater than 400,000,000 gallons but less than 93.28 450,000,000 gallons per year.; 93.29 (10) $7 per 1,000,000 gallons for amounts greater than 93.30 450,000,000 gallons but less than 500,000,000 gallons per year; 93.31 and 93.32 (11) $7.50 per 1,000,000 gallons for amounts greater than 93.33 500,000,000 gallons per year. 93.34 (b) For once-through cooling systems, a water use 93.35 processing fee must be prescribed by the commissioner in 93.36 accordance with the following schedule of fees for each water 94.1 use permit in force at any time during the year: 94.2 (1) for nonprofit corporations and school districts,15.094.3cents$150 per1,0001,000,000 gallons; and 94.4 (2) for all other users,20 cents$200 per1,0001,000,000 94.5 gallons. 94.6 (c) The fee is payable based on the amount of water 94.7 appropriated during the year and, except as provided in 94.8 paragraph (f), the minimum fee is$50$100. 94.9 (d) For water use processing fees other than once-through 94.10 cooling systems: 94.11 (1) the fee for a city of the first class may not exceed 94.12$175,000$250,000 per year; 94.13 (2) the fee for other entities for any permitted use may 94.14 not exceed: 94.15 (i)$35,000$50,000 per year for an entity holding three or 94.16 fewer permits; 94.17 (ii)$50,000$75,000 per year for an entity holding four or 94.18 five permits; 94.19 (iii)$175,000$250,000 per year for an entity holding more 94.20 than five permits; 94.21 (3) the fee for agricultural irrigation may not exceed $750 94.22 per year; 94.23 (4) the fee for a municipality that furnishes electric 94.24 service and cogenerates steam for home heating may not exceed 94.25 $10,000 for its permit for water use related to the cogeneration 94.26 of electricity and steam; and 94.27 (5) no fee is required for a project involving the 94.28 appropriation of surface water to prevent flood damage or to 94.29 remove flood waters during a period of flooding, as determined 94.30 by the commissioner. 94.31 (e) Failure to pay the fee is sufficient cause for revoking 94.32 a permit. A penalty of two percent per month calculated from 94.33 the original due date must be imposed on the unpaid balance of 94.34 fees remaining 30 days after the sending of a second notice of 94.35 fees due. A fee may not be imposed on an agency, as defined in 94.36 section 16B.01, subdivision 2, or federal governmental agency 95.1 holding a water appropriation permit. 95.2 (f) The minimum water use processing fee for a permit 95.3 issued for irrigation of agricultural land is$10$20 for years 95.4 in which: 95.5 (1) there is no appropriation of water under the permit; or 95.6 (2) the permit is suspended for more than seven consecutive 95.7 days between May 1 and October 1. 95.8 Sec. 114. Minnesota Statutes 2002, section 103G.271, 95.9 subdivision 6a, is amended to read: 95.10 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED 95.11 APPROPRIATIONS.] An entity that appropriates water without a 95.12 required permit under subdivision 1 must pay the applicable 95.13 water use permit processing fee specified in subdivision 6 for 95.14 the period during which the unpermitted appropriation occurred. 95.15 The fees for unpermitted appropriations are required for the 95.16 previous seven calendar years after being notified of the need 95.17 for a permit. This fee is in addition to any other fee or 95.18 penalty assessed. 95.19 Sec. 115. Minnesota Statutes 2002, section 103G.271, is 95.20 amended by adding a subdivision to read: 95.21 Subd. 8. [GROUNDWATER ANALYSIS.] The commissioner of 95.22 natural resources must look at groundwater flows and aquifer 95.23 recharge in the state in order to understand whether the 95.24 appropriation of groundwater is sustainable. 95.25 Sec. 116. Minnesota Statutes 2002, section 103G.611, 95.26 subdivision 1, is amended to read: 95.27 Subdivision 1. [REQUIREMENTREQUIREMENTS.] (a) The fee for 95.28 a permit to operate an aeration system on public waters during 95.29 periods of ice cover is $250. The commissioner may waive the 95.30 fee for aeration systems that are assisting department efforts 95.31 to maintain angling opportunities through the prevention of 95.32 winterkill. To be eligible for the fee waiver, the lake being 95.33 aerated must have public access and aeration must be identified 95.34 as a desirable management tool in a plan approved by the 95.35 commissioner. Operation of the aeration system in a manner not 95.36 consistent with the approved plan represents justification for 96.1 rescinding the fee waiver. The fee may not be charged to the 96.2 state or a federal governmental agency applying for a permit. 96.3 The money received for the permits under this subdivision must 96.4 be deposited in the treasury and credited to the game and fish 96.5 fund. 96.6 (b) A person operating an aeration system on public waters 96.7 under a water aeration permit must comply with the sign posting 96.8 requirements of this section and applicable rules of the 96.9 commissioner. 96.10 Sec. 117. Minnesota Statutes 2002, section 103G.615, 96.11 subdivision 2, is amended to read: 96.12 Subd. 2. [FEES.] (a) The commissioner shall establish a 96.13 fee schedule for permits to harvest aquatic plants other than 96.14 wild rice, by order, after holding a public hearing. The fees 96.15 may not exceed$200$750 per permit based upon the cost of 96.16 receiving, processing, analyzing, and issuing the permit, and 96.17 additional costs incurred after the application to inspect and 96.18 monitor the activities authorized by the permit, and enforce 96.19 aquatic plant management rules and permit requirements. 96.20 (b) The fee for a permit forchemical treatmentthe 96.21 destruction of rooted aquatic vegetationmay not exceed $20is 96.22 $35 for each contiguous parcel of shoreline owned by an owner. 96.23 This fee may not be charged for permits issued in connection 96.24 with lakewide Eurasian water milfoil control programs. 96.25 (c) A fee may not be charged to the state or a federal 96.26 governmental agency applying for a permit. 96.27 (d) The money received for the permits under this 96.28 subdivision shall be deposited in the treasury and credited to 96.29 the game and fish fund. 96.30 Sec. 118. Minnesota Statutes 2002, section 103I.235, 96.31 subdivision 1, is amended to read: 96.32 Subdivision 1. [DISCLOSURE OF WELLS TO BUYER.] (a)(1) 96.33 Before signing an agreement to sell or transfer real property, 96.34 the seller must disclose in writing to the buyer information 96.35 about the status and location of all known wells on the 96.36 property, by delivering to the buyer either a statement by the 97.1 seller that the seller does not know of any wells on the 97.2 property, or a disclosure statement indicating the legal 97.3 description and county, and a map drawn from available 97.4 information showing the location of each well to the extent 97.5 practicable. In the disclosure statement, the seller must 97.6 indicate, for each well, whether the well is in use, not in use, 97.7 or sealed. 97.8 (2) Before signing an agreement to sell or transfer real 97.9 property in Washington county that is not served by a municipal 97.10 water system, the seller must state in writing to the buyer 97.11 whether, to the seller's knowledge, the property is located 97.12 within a special well construction area designated by the 97.13 commissioner of health under Minnesota Rules, part 4725.3650. 97.14 If the disclosure under clause (1) states that there is an 97.15 unsealed well on the property, the disclosure required under 97.16 this clause must be made regardless of whether the property is 97.17 served by a municipal water system. 97.18 (b) At the time of closing of the sale, the disclosure 97.19 statement information required under paragraph (a), clause (1), 97.20 name and mailing address of the buyer, and the quartile, 97.21 section, township, and range in which each well is located must 97.22 be provided on a well disclosure certificate signed by the 97.23 seller or a person authorized to act on behalf of the seller. 97.24 (c) A well disclosure certificate need not be provided if 97.25 the seller does not know of any wells on the property and the 97.26 deed or other instrument of conveyance contains the statement: 97.27 "The Seller certifies that the Seller does not know of any wells 97.28 on the described real property." 97.29 (d) If a deed is given pursuant to a contract for deed, the 97.30 well disclosure certificate required by this subdivision shall 97.31 be signed by the buyer or a person authorized to act on behalf 97.32 of the buyer. If the buyer knows of no wells on the property, a 97.33 well disclosure certificate is not required if the following 97.34 statement appears on the deed followed by the signature of the 97.35 grantee or, if there is more than one grantee, the signature of 97.36 at least one of the grantees: "The Grantee certifies that the 98.1 Grantee does not know of any wells on the described real 98.2 property." The statement and signature of the grantee may be on 98.3 the front or back of the deed or on an attached sheet and an 98.4 acknowledgment of the statement by the grantee is not required 98.5 for the deed to be recordable. 98.6 (e) This subdivision does not apply to the sale, exchange, 98.7 or transfer of real property: 98.8 (1) that consists solely of a sale or transfer of severed 98.9 mineral interests; or 98.10 (2) that consists of an individual condominium unit as 98.11 described in chapters 515 and 515B. 98.12 (f) For an area owned in common under chapter 515 or 515B 98.13 the association or other responsible person must report to the 98.14 commissioner by July 1, 1992, the location and status of all 98.15 wells in the common area. The association or other responsible 98.16 person must notify the commissioner within 30 days of any change 98.17 in the reported status of wells. 98.18 (g) For real property sold by the state under section 98.19 92.67, the lessee at the time of the sale is responsible for 98.20 compliance with this subdivision. 98.21 (h) If the seller fails to provide a required well 98.22 disclosure certificate, the buyer, or a person authorized to act 98.23 on behalf of the buyer, may sign a well disclosure certificate 98.24 based on the information provided on the disclosure statement 98.25 required by this section or based on other available information. 98.26 (i) A county recorder or registrar of titles may not record 98.27 a deed or other instrument of conveyance dated after October 31, 98.28 1990, for which a certificate of value is required under section 98.29 272.115, or any deed or other instrument of conveyance dated 98.30 after October 31, 1990, from a governmental body exempt from the 98.31 payment of state deed tax, unless the deed or other instrument 98.32 of conveyance contains the statement made in accordance with 98.33 paragraph (c) or (d) or is accompanied by the well disclosure 98.34 certificate containing all the information required by paragraph 98.35 (b) or (d). The county recorder or registrar of titles must not 98.36 accept a certificate unless it contains all the required 99.1 information. The county recorder or registrar of titles shall 99.2 note on each deed or other instrument of conveyance accompanied 99.3 by a well disclosure certificate that the well disclosure 99.4 certificate was received. The notation must include the 99.5 statement "No wells on property" if the disclosure certificate 99.6 states there are no wells on the property. The well disclosure 99.7 certificate shall not be filed or recorded in the records 99.8 maintained by the county recorder or registrar of titles. After 99.9 noting "No wells on property" on the deed or other instrument of 99.10 conveyance, the county recorder or registrar of titles shall 99.11 destroy or return to the buyer the well disclosure certificate. 99.12 The county recorder or registrar of titles shall collect from 99.13 the buyer or the person seeking to record a deed or other 99.14 instrument of conveyance, a fee of $30 for receipt of a 99.15 completed well disclosure certificate. By the tenth day of each 99.16 month, the county recorder or registrar of titles shall transmit 99.17 the well disclosure certificates to the commissioner of health. 99.18 By the tenth day after the end of each calendar quarter, the 99.19 county recorder or registrar of titles shall transmit to the 99.20 commissioner of health $27.50 of the fee for each well 99.21 disclosure certificate received during the quarter. The 99.22 commissioner shall maintain the well disclosure certificate for 99.23 at least six years. The commissioner may store the certificate 99.24 as an electronic image. A copy of that image shall be as valid 99.25 as the original. 99.26 (j) No new well disclosure certificate is required under 99.27 this subdivision if the buyer or seller, or a person authorized 99.28 to act on behalf of the buyer or seller, certifies on the deed 99.29 or other instrument of conveyance that the status and number of 99.30 wells on the property have not changed since the last previously 99.31 filed well disclosure certificate. The following statement, if 99.32 followed by the signature of the person making the statement, is 99.33 sufficient to comply with the certification requirement of this 99.34 paragraph: "I am familiar with the property described in this 99.35 instrument and I certify that the status and number of wells on 99.36 the described real property have not changed since the last 100.1 previously filed well disclosure certificate." The 100.2 certification and signature may be on the front or back of the 100.3 deed or on an attached sheet and an acknowledgment of the 100.4 statement is not required for the deed or other instrument of 100.5 conveyance to be recordable. 100.6 (k) The commissioner in consultation with county recorders 100.7 shall prescribe the form for a well disclosure certificate and 100.8 provide well disclosure certificate forms to county recorders 100.9 and registrars of titles and other interested persons. 100.10 (l) Failure to comply with a requirement of this 100.11 subdivision does not impair: 100.12 (1) the validity of a deed or other instrument of 100.13 conveyance as between the parties to the deed or instrument or 100.14 as to any other person who otherwise would be bound by the deed 100.15 or instrument; or 100.16 (2) the record, as notice, of any deed or other instrument 100.17 of conveyance accepted for filing or recording contrary to the 100.18 provisions of this subdivision. 100.19 [EFFECTIVE DATE.] This section is effective January 1, 100.20 2004, and applies to transactions for which purchase agreements 100.21 are entered into on or after that date. 100.22 Sec. 119. Minnesota Statutes 2002, section 115.03, is 100.23 amended by adding a subdivision to read: 100.24 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH 100.25 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 100.26 period in which this subdivision is in effect, all point source 100.27 storm water discharges that are subject to and in compliance 100.28 with an individual or general storm water permit issued by the 100.29 pollution control agency under the National Pollution Discharge 100.30 Elimination System are considered to be in compliance with the 100.31 nondegradation and mitigation requirements of Minnesota Rules, 100.32 parts 7050.0180, 7050.0185, and 7050.0186. 100.33 (b) This subdivision is repealed on the earlier of July 1, 100.34 2007, or the effective date of rules adopted by the pollution 100.35 control agency that provide specific mechanisms or criteria to 100.36 determine whether point source storm water discharges comply 101.1 with the nondegradation and mitigation requirements of Minnesota 101.2 Rules, parts 7050.0180, 7050.0185, and 7050.0186. 101.3 [EFFECTIVE DATE.] This section is effective the day 101.4 following final enactment. 101.5 Sec. 120. Minnesota Statutes 2002, section 115.03, is 101.6 amended by adding a subdivision to read: 101.7 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The 101.8 agency may issue a general permit to any category or subcategory 101.9 of point source storm water discharges that it deems 101.10 administratively reasonable and efficient without making any 101.11 findings under Minnesota Rules, part 7001.0210. Nothing in this 101.12 subdivision precludes the agency from requiring an individual 101.13 permit for a point source storm water discharge if the agency 101.14 finds that it is appropriate under applicable legal or 101.15 regulatory standards. 101.16 (b) Pursuant to this paragraph, the legislature authorizes 101.17 the agency to adopt and enforce rules regulating point source 101.18 storm water discharges. No further legislative approval is 101.19 required under any other legal or statutory provision whether 101.20 enacted before or after the enactment of this section. 101.21 [EFFECTIVE DATE.] This section is effective the day 101.22 following final enactment. 101.23 Sec. 121. Minnesota Statutes 2002, section 115A.54, is 101.24 amended by adding a subdivision to read: 101.25 Subd. 4. [TERMINATION OF OBLIGATIONS; GOOD-FAITH 101.26 EFFORT.] Notwithstanding the provisions of section 16A.695, the 101.27 director may terminate the obligations of a grant or loan 101.28 recipient under this section, if the director finds that the 101.29 recipient has made a good-faith effort to exhaust all options in 101.30 trying to comply with the terms and conditions of the grant or 101.31 loan. In lieu of declaring a default on a grant or a loan under 101.32 this section, the director may identify additional measures a 101.33 recipient should take in order to meet the good-faith test 101.34 required for terminating the recipient's obligations under this 101.35 section. By December 15 of each year, the director shall report 101.36 to the legislature the defaults and terminations the director 102.1 has ordered in the previous year, if any. No decision on 102.2 termination under this section is effective until the end of the 102.3 legislative session following the director's report. 102.4 Sec. 122. Minnesota Statutes 2002, section 115A.545, 102.5 subdivision 2, is amended to read: 102.6 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 102.7 counties a processing payment for each ton of mixed municipal 102.8 solid waste that is generated in the county and processed at a 102.9 resource recovery facility. The processing payment shall be $5 102.10 for each ton of mixed municipal solid waste processed. 102.11 (b)The director shall also pay a processing payment to a102.12county that does not qualify under paragraph (a) that102.13constructed a processing facility and that either:102.14(1) contracts for waste generated in the county to be102.15received at a facility in that county; or102.16(2) has a comprehensive solid waste management plan102.17approved by the director under section 115A.46 that demonstrates102.18the intention of the county to make the processing facility102.19operational.102.20The processing payment shall be $5 for each ton of mixed102.21municipal waste generated in the county and delivered under102.22contract with the county.102.23(c)By the last day of October, January, April, and July, 102.24 each county claiming the processing payment shall file a claim 102.25 for payment with the director for the three previous months 102.26 certifying the number of tons of mixed municipal solid waste 102.27 that were generated in the county and processed at a resource 102.28 recovery facility. The director shall pay the processing 102.29 payments by November 15, February 15, May 15, and August 15 each 102.30 year. 102.31(d)(c) If the total amount for which all counties are 102.32 eligible in a quarter exceeds the amount available for payment, 102.33 the director shall make the payments on a pro rata basis. 102.34(e) All of the(d) Money received by a county under 102.35 paragraph (a)mustmay be usedto lower the tipping fee for102.36waste to be processed at a resource recovery facility.for the 103.1 following purposes: 103.2 (1) to reduce the amount of solid waste generated; 103.3 (2) to recycle the maximum amount of solid waste 103.4 technically feasible; 103.5 (3) to create and support markets for recycled products; 103.6 (4) to remove problem materials from the solid waste stream 103.7 and develop proper disposal options for them; 103.8 (5) to inform and educate all sectors of the public about 103.9 proper solid waste management procedures; 103.10 (6) to provide technical assistance to public and private 103.11 entities to ensure proper solid waste management; 103.12 (7) to provide educational, technical, and financial 103.13 assistance for litter prevention; and 103.14 (8) to process mixed municipal solid waste generated in the 103.15 county at a resource recovery facility. 103.16(f) Amounts received by a county under:103.17(1) paragraph (b), clause (1), must be used to lower the103.18tipping fee for waste received at a waste management facility103.19within the county for waste received under contract with the103.20county at a facility in the county; or103.21(2) paragraph (b), clause (2), must be used to assist in103.22making the county's processing facility operational.103.23 Sec. 123. Minnesota Statutes 2002, section 115A.908, 103.24 subdivision 2, is amended to read: 103.25 Subd. 2. [DEPOSIT OF REVENUE.] Revenue collected shall be 103.26 credited to themotor vehicle transfer account in the103.27environmental fund. As cash flow permits, the commissioner of103.28finance must transfer (1) $3,200,000 each fiscal year from the103.29motor vehicle transfer account to the environmental response,103.30compensation, and compliance account established in section103.31115B.20; and (2) $1,200,000 each fiscal year from the motor103.32vehicle transfer account to the generalenvironmental fund. 103.33 Sec. 124. Minnesota Statutes 2002, section 115C.02, 103.34 subdivision 14, is amended to read: 103.35 Subd. 14. [TANK.] "Tank" means any one or a combination of 103.36 containers, vessels, and enclosures, including structures and 104.1 appurtenances connected to them, that is, or has been, used to 104.2 containor, dispense, store, or transport petroleum. 104.3 "Tank" does not include: 104.4(1) a mobile storage tank used to transport petroleum from104.5one location to another, except a mobile storage tank with a104.6capacity of 500 gallons or less used only to transport home104.7heating fuel on private property; or104.8(2)pipeline facilities, including gathering lines, 104.9 regulated under the Natural Gas Pipeline Safety Act of 1968, 104.10 United States Code, title 49, chapter 24, or the Hazardous 104.11 Liquid Pipeline Safety Act of 1979, United States Code, title 104.12 49, chapter 29. 104.13 Sec. 125. Minnesota Statutes 2002, section 115C.08, 104.14 subdivision 4, is amended to read: 104.15 Subd. 4. [EXPENDITURES.] (a) Money in the fund may only be 104.16 spent: 104.17 (1) to administer the petroleum tank release cleanup 104.18 program established in this chapter; 104.19 (2) for agency administrative costs under sections 116.46 104.20 to 116.50, sections 115C.03 to 115C.06, and costs of corrective 104.21 action taken by the agency under section 115C.03, including 104.22 investigations; 104.23 (3) for costs of recovering expenses of corrective actions 104.24 under section 115C.04; 104.25 (4) for training, certification, and rulemaking under 104.26 sections 116.46 to 116.50; 104.27 (5) for agency administrative costs of enforcing rules 104.28 governing the construction, installation, operation, and closure 104.29 of aboveground and underground petroleum storage tanks; 104.30 (6) for reimbursement of the environmental response, 104.31 compensation, and compliance account under subdivision 5 and 104.32 section 115B.26, subdivision 4; 104.33 (7) for administrative and staff costs as set by the board 104.34 to administer the petroleum tank release program established in 104.35 this chapter; 104.36 (8) for corrective action performance audits under section 105.1 115C.093;and105.2 (9) for contamination cleanup grants, as provided in 105.3 paragraph (c); and 105.4 (10) to assess and remove abandoned underground storage 105.5 tanks under section 115C.094 and, if a release is discovered, to 105.6 pay for the specific consultant and contractor services costs 105.7 necessary to complete the tank removal project, including, but 105.8 not limited to, excavation soil sampling, groundwater sampling, 105.9 soil disposal, and completion of an excavation report. 105.10 (b) Except as provided in paragraph (c), money in the fund 105.11 is appropriated to the board to make reimbursements or payments 105.12 under this section. 105.13 (c) $6,200,000 is annually appropriated from the fund to 105.14 the commissioner of trade and economic development for 105.15 contamination cleanup grants under section 116J.554. Of this 105.16 amount, the commissioner may spend up to $120,000 annually for 105.17 administration of the contamination cleanup grant program. The 105.18 appropriation does not cancel and is available until expended. 105.19 The appropriation shall not be withdrawn from the fund nor the 105.20 fund balance reduced until the funds are requested by the 105.21 commissioner of trade and economic development. The 105.22 commissioner shall schedule requests for withdrawals from the 105.23 fund to minimize the necessity to impose the fee authorized by 105.24 subdivision 2. Unless otherwise provided, the appropriation in 105.25 this paragraph may be used for: 105.26 (1) project costs at a qualifying site if a portion of the 105.27 cleanup costs are attributable to petroleum contamination; and 105.28 (2) the costs of performing contamination investigation if 105.29 there is a reasonable basis to suspect the contamination is 105.30 attributable to petroleum. 105.31 Sec. 126. Minnesota Statutes 2002, section 115C.09, 105.32 subdivision 3, is amended to read: 105.33 Subd. 3. [REIMBURSEMENTS; SUBROGATION; APPROPRIATION.] (a) 105.34 The board shall reimburse an eligible applicant from the fund 105.35 for 90 percent of the total reimbursable costs incurred at the 105.36 site, except that the board may reimburse an eligible applicant 106.1 from the fund for greater than 90 percent of the total 106.2 reimbursable costs, if the applicant previously qualified for a 106.3 higher reimbursement rate. For costs associated with a release 106.4 from a tank in transport, the board may reimburse 90 percent of 106.5 costs over $10,000, with the maximum reimbursement not to exceed 106.6 $100,000. 106.7 Not more than $1,000,000 may be reimbursed for costs 106.8 associated with a single release, regardless of the number of 106.9 persons eligible for reimbursement, and not more than $2,000,000 106.10 may be reimbursed for costs associated with a single tank 106.11 facility. 106.12 (b) A reimbursement may not be made from the fund under 106.13 this chapter until the board has determined that the costs for 106.14 which reimbursement is requested were actually incurred and were 106.15 reasonable. 106.16 (c) When an applicant has obtained responsible competitive 106.17 bids or proposals according to rules promulgated under this 106.18 chapter prior to June 1, 1995, the eligible costs for the tasks, 106.19 procedures, services, materials, equipment, and tests of the low 106.20 bid or proposal are presumed to be reasonable by the board, 106.21 unless the costs of the low bid or proposal are substantially in 106.22 excess of the average costs charged for similar tasks, 106.23 procedures, services, materials, equipment, and tests in the 106.24 same geographical area during the same time period. 106.25 (d) When an applicant has obtained a minimum of two 106.26 responsible competitive bids or proposals on forms prescribed by 106.27 the board and where the rules promulgated under this chapter 106.28 after June 1, 1995, designate maximum costs for specific tasks, 106.29 procedures, services, materials, equipment and tests, the 106.30 eligible costs of the low bid or proposal are deemed reasonable 106.31 if the costs are at or below the maximums set forth in the rules. 106.32 (e) Costs incurred for change orders executed as prescribed 106.33 in rules promulgated under this chapter after June 1, 1995, are 106.34 presumed reasonable if the costs are at or below the maximums 106.35 set forth in the rules, unless the costs in the change order are 106.36 above those in the original bid or proposal or are 107.1 unsubstantiated and inconsistent with the process and standards 107.2 required by the rules. 107.3 (f) A reimbursement may not be made from the fund in 107.4 response to either an initial or supplemental application for 107.5 costs incurred after June 4, 1987, that are payable under an 107.6 applicable insurance policy, except that if the board finds that 107.7 the applicant has made reasonable efforts to collect from an 107.8 insurer and failed, the board shall reimburse the applicant. 107.9 (g) If the board reimburses an applicant for costs for 107.10 which the applicant has insurance coverage, the board is 107.11 subrogated to the rights of the applicant with respect to that 107.12 insurance coverage, to the extent of the reimbursement by the 107.13 board. The board may request the attorney general to bring an 107.14 action in district court against the insurer to enforce the 107.15 board's subrogation rights. Acceptance by an applicant of 107.16 reimbursement constitutes an assignment by the applicant to the 107.17 board of any rights of the applicant with respect to any 107.18 insurance coverage applicable to the costs that are reimbursed. 107.19 Notwithstanding this paragraph, the board may instead request a 107.20 return of the reimbursement under subdivision 5 and may employ 107.21 against the applicant the remedies provided in that subdivision, 107.22 except where the board has knowingly provided reimbursement 107.23 because the applicant was denied coverage by the insurer. 107.24 (h) Money in the fund is appropriated to the board to make 107.25 reimbursements under this chapter. A reimbursement to a state 107.26 agency must be credited to the appropriation account or accounts 107.27 from which the reimbursed costs were paid. 107.28 (i) The board may reduce the amount of reimbursement to be 107.29 made under this chapter if it finds that the applicant has not 107.30 complied with a provision of this chapter, a rule or order 107.31 issued under this chapter, or one or more of the following 107.32 requirements: 107.33 (1) the agency was given notice of the release as required 107.34 by section 115.061; 107.35 (2) the applicant, to the extent possible, fully cooperated 107.36 with the agency in responding to the release; 108.1 (3) the state rules applicable after December 22, 1993, to 108.2 operating an underground storage tank and appurtenances without 108.3 leak detection; 108.4 (4) the state rules applicable after December 22, 1998, to 108.5 operating an underground storage tank and appurtenances without 108.6 corrosion protection or spill and overfill protection; and 108.7 (5) the state rule applicable after November 1, 1998, to 108.8 operating an aboveground tank without a dike or other structure 108.9 that would contain a spill at the aboveground tank site. 108.10 (j) The reimbursement may be reduced as much as 100 percent 108.11 for failure by the applicant to comply with the requirements in 108.12 paragraph (i), clauses (1) to (5). In determining the amount of 108.13 the reimbursement reduction, the board shall consider: 108.14 (1) the reasonable determination by the agency that the 108.15 noncompliance poses a threat to the environment; 108.16 (2) whether the noncompliance was negligent, knowing, or 108.17 willful; 108.18 (3) the deterrent effect of the award reduction on other 108.19 tank owners and operators; 108.20 (4) the amount of reimbursement reduction recommended by 108.21 the commissioner; and 108.22 (5) the documentation of noncompliance provided by the 108.23 commissioner. 108.24 (k) An applicant mayassign the right to receive108.25reimbursement torequest that the board issue a multiparty check 108.26 that includes each lender who advanced funds to pay the costs of 108.27 the corrective action or to each contractor or consultant who 108.28 provided corrective action services.An assignmentThis request 108.29 must be made by filing with the board a document, in a form 108.30 prescribed by the board, indicating the identity of the 108.31 applicant, the identity of theassigneelender, contractor, or 108.32 consultant, the dollar amountof the assignment, and the 108.33 location of the corrective action.An assignment signed by the108.34applicant is valid unless terminated by filing a termination108.35with the board, in a form prescribed by the board, which must108.36include the written concurrence of the assignee. The board109.1shall maintain an index of assignments filed under this109.2paragraph. The board shall pay the reimbursement to the109.3applicant and to one or more assignees by a multiparty109.4check.The applicant must submit a request for the issuance of 109.5 a multiparty check for each application submitted to the board. 109.6 Payment under this paragraph does not constitute the assignment 109.7 of the applicant's right to reimbursement to the consultant, 109.8 contractor, or lender. The board has no liability to an 109.9 applicant for a paymentunder an assignment meetingissued as a 109.10 multiparty check that meets the requirements of this paragraph. 109.11 Sec. 127. Minnesota Statutes 2002, section 115C.09, is 109.12 amended by adding a subdivision to read: 109.13 Subd. 3i. [REIMBURSEMENT; NATURAL DISASTER AREA.] (a) As 109.14 used in this subdivision, "natural disaster area" means a 109.15 geographical area that has been declared a disaster by the 109.16 governor and President of the United States. 109.17 (b) Notwithstanding subdivision 3, paragraph (a), and 109.18 Minnesota Rules, chapter 2890, with the exception of Minnesota 109.19 Rules, parts 2890.0010 to 2890.0065, and 2890.0090 to 2890.0130, 109.20 the board may reimburse: 109.21 (1) up to 50 percent of an applicant' pre-natural-disaster 109.22 estimated building market value as recorded by the county 109.23 assessor; or 109.24 (2) if the applicant conveys title of the real estate to 109.25 local or state government, up to 50 percent of the 109.26 pre-natural-disaster estimated total market value, not to exceed 109.27 one acre, as recorded by the county assessor. 109.28 (c) Paragraph (b) applies only if the applicant documents 109.29 that: 109.30 (1) the natural disaster area has been declared eligible 109.31 for state or federal emergency aid; 109.32 (2) the building is declared uninhabitable by the 109.33 commissioner because of damage caused by the release of 109.34 petroleum from a petroleum storage tank; and 109.35 (3) the applicant has submitted a claim under any 109.36 applicable insurance policies and has been denied benefits under 110.1 those policies. 110.2 (d) In determining the percentage for reimbursement, the 110.3 board shall consider the applicant's eligibility to receive 110.4 other state or federal financial assistance and determine a 110.5 lesser reimbursement rate to the extent that the applicant is 110.6 eligible to receive financial assistance that exceeds 50 percent 110.7 of the applicant's pre-natural-disaster estimated building 110.8 market value or total market value. 110.9 Sec. 128. Minnesota Statutes 2002, section 115C.09, is 110.10 amended by adding a subdivision to read: 110.11 Subd. 3j. [RETAIL LOCATIONS AND TRANSPORT VEHICLES.] (a) 110.12 As used in this subdivision, "retail location" means a facility 110.13 located in the metropolitan area as defined in section 473.121, 110.14 subdivision 2, where gasoline is offered for sale to the general 110.15 public for use in automobiles and trucks. "Transport vehicle" 110.16 means a liquid fuel cargo tank used to deliver gasoline into 110.17 underground storage tanks during 2002 at a retail location. 110.18 (b) Notwithstanding any other provision in this chapter, 110.19 and any rules adopted under this chapter, the board shall 110.20 reimburse 90 percent of an applicant's cost for retrofits of 110.21 retail locations and transport vehicles completed between 110.22 January 1, 2001, and January 1, 2006, to comply with section 110.23 116.49, subdivisions 3 and 4, provided that the board determines 110.24 the costs were incurred and reasonable. The reimbursement may 110.25 not exceed $3,000 per retail location and $3,000 per transport 110.26 vehicle. 110.27 Sec. 129. [115C.094] [ABANDONED UNDERGROUND STORAGE 110.28 TANKS.] 110.29 (a) As used in this section, an abandoned underground 110.30 petroleum storage tank means an underground petroleum storage 110.31 tank that was: 110.32 (1) taken out of service prior to December 22, 1988; or 110.33 (2) taken out of service on or after December 22, 1988, if 110.34 the current property owner did not know of the existence of the 110.35 underground petroleum storage tank and cannot reasonably be 110.36 expected to have known of the tank's existence. 111.1 (b) The board may contract for: 111.2 (1) a statewide assessment in order to determine the 111.3 quantity, location, cost, and feasibility of removing abandoned 111.4 underground petroleum storage tanks; 111.5 (2) the removal of an abandoned underground petroleum 111.6 storage tank; and 111.7 (3) the removal and disposal of petroleum-contaminated soil 111.8 if the removal is required by the commissioner at the time of 111.9 tank removal. 111.10 (c) Before the board may contract for removal of an 111.11 abandoned petroleum storage tank, the tank owner must provide 111.12 the board with written access to the property and release the 111.13 board from any potential liability for the work performed. 111.14 (d) Money in the fund is appropriated to the board for the 111.15 purposes of this section. 111.16 Sec. 130. Minnesota Statutes 2002, section 115C.11, 111.17 subdivision 1, is amended to read: 111.18 Subdivision 1. [REGISTRATION.] (a) All consultants and 111.19 contractors who perform corrective action services must register 111.20 with the board. In order to register, consultants must meet and 111.21 demonstrate compliance with the following criteria: 111.22 (1) provide a signed statement to the board verifying 111.23 agreement to abide by this chapter and the rules adopted under 111.24 it and to include a signed statement with each claim that all 111.25 costs claimed by the consultant are a true and accurate account 111.26 of services performed; 111.27 (2) provide a signed statement that the consultant shall 111.28 make available for inspection any records requested by the board 111.29 for field or financial audits under the scope of this chapter; 111.30 (3) certify knowledge of the requirements of this chapter 111.31 and the rules adopted under it; 111.32 (4) obtain and maintain professional liability coverage, 111.33 including pollution impairment liability; and 111.34 (5) agree to submit to the board a certificate or 111.35 certificates verifying the existence of the required insurance 111.36 coverage. 112.1 (b) The board must maintain a list of all registered 112.2 consultants and a list of all registered contractors. 112.3 (c) All corrective action services must be performed by 112.4 registered consultants and contractors. 112.5 (d) Reimbursement for corrective action services performed 112.6 by an unregistered consultant or contractor is subject to 112.7 reduction under section 115C.09, subdivision 3, paragraph (i). 112.8 (e) Corrective action services performed by a consultant or 112.9 contractor prior to being removed from the registration list may 112.10 be reimbursed without reduction by the board. 112.11 (f) If the information in an application for registration 112.12 becomes inaccurate or incomplete in any material respect, the 112.13 registered consultant or contractor must promptly file a 112.14 corrected application with the board. 112.15 (g) Registration is effective 30 days after a complete 112.16 application is received by the board. The board may reimburse 112.17 without reduction the cost of work performed by an unregistered 112.18 contractor if the contractor performed the work within 60 days 112.19 of the effective date of registration. 112.20 (h) Registration for consultants under this section remains 112.21 in force until the expiration date of the professional liability 112.22 coverage, including pollution impairment liability, required 112.23 under paragraph (a), clause (4), or until voluntarily terminated 112.24 by the registrant, or until suspended or revoked by the 112.25 commissioner of commerce. Registration for contractors under 112.26 this section expires each year on the anniversary of the 112.27 effective date of the contractor's most recent registration and 112.28 must be renewed on or before expiration. Prior to its annual 112.29 expiration, a registration remains in force until voluntarily 112.30 terminated by the registrant, or until suspended or revoked by 112.31 the commissioner of commerce. All registrants must comply with 112.32 registration criteria under this section. 112.33 (i) The board may deny a consultant or contractor 112.34 registration or request for renewal under this section if the 112.35 consultant or contractor: 112.36 (1) does not intend to or is not in good faith carrying on 113.1 the business of an environmental consultant or contractor; 113.2 (2) has filed an application for registration that is 113.3 incomplete in any material respect or contains any statement 113.4 which, in light of the circumstances under which it is made, 113.5 contains any misrepresentation, or is false, misleading, or 113.6 fraudulent; 113.7 (3) has engaged in any fraudulent, coercive, deceptive, or 113.8 dishonest act or practice whether or not such act or practice 113.9 involves the business of environmental consulting or 113.10 contracting; 113.11 (4) has forged another's name to any document whether or 113.12 not the document relates to a document approved by the board; 113.13 (5) has plead guilty, with or without explicitly admitting 113.14 guilt; plead nolo contendere; or been convicted of a felony, 113.15 gross misdemeanor, or misdemeanor involving moral turpitude, 113.16 including, but not limited to, assault, harassment, or similar 113.17 conduct; 113.18 (6) has been subject to disciplinary action in another 113.19 state or jurisdiction; or 113.20 (7) has not paid subcontractors hired by the consultant or 113.21 contractor after they have been paid in full by the applicant. 113.22 Sec. 131. Minnesota Statutes 2002, section 115C.13, is 113.23 amended to read: 113.24 115C.13 [REPEALER.] 113.25 Sections 115C.01, 115C.02, 115C.021, 115C.03, 115C.04, 113.26 115C.045, 115C.05, 115C.06, 115C.065, 115C.07, 115C.08, 115C.09, 113.27 115C.093, 115C.094, 115C.10, 115C.11, 115C.111, 115C.112, 113.28 115C.113, 115C.12, and 115C.13, are repealed effective June 30, 113.2920052007. 113.30 Sec. 132. Minnesota Statutes 2002, section 116.073, 113.31 subdivision 1, is amended to read: 113.32 Subdivision 1. [AUTHORITY TO ISSUE.] (a) Pollution control 113.33 agency staff designated by the commissioner and department of 113.34 natural resources conservation officers may issue citations to a 113.35 person who: 113.36 (1) disposes of solid waste as defined in section 116.06, 114.1 subdivision 22, at a location not authorized by law for the 114.2 disposal of solid waste without permission of the owner of the 114.3 property; 114.4 (2) fails to report or recover discharges as required under 114.5 section 115.061;or114.6 (3) fails to take discharge preventive or preparedness 114.7 measures required under chapter 115E; or 114.8 (4) fails to install or use vapor recovery equipment during 114.9 the transfer of gasoline from a transport delivery vehicle to an 114.10 underground storage tank as required in section 116.49, 114.11 subdivisions 3 and 4. 114.12 (b) In addition, pollution control agency staff designated 114.13 by the commissioner may issue citations to owners and operators 114.14 of facilities dispensing petroleum products who violate sections 114.15 116.46 to 116.50 and Minnesota Rules, chapters 7150 and 7151 and 114.16 parts 7001.4200 to 7001.4300. A citation issued under this 114.17 subdivision must include a requirement that the person cited 114.18 remove and properly dispose of or otherwise manage the waste or 114.19 discharged oil or hazardous substance, reimburse any government 114.20 agency that has disposed of the waste or discharged oil or 114.21 hazardous substance and contaminated debris for the reasonable 114.22 costs of disposal, or correct any storage tank violations. 114.23 (c) Until June 1, 2004, citations for violation of sections 114.24 115E.045 and 116.46 to 116.50 and Minnesota Rules, chapters 7150 114.25 and 7151, may be issued only after the owners and operators have 114.26 had a 90-day period to correct violations stated in writing by 114.27 pollution control agency staff, unless there is a discharge 114.28 associated with the violation or the violation is of Minnesota 114.29 Rules, part 7151.6400, subpart 1, item B, or 7151.6500. 114.30 Sec. 133. Minnesota Statutes 2002, section 116.073, 114.31 subdivision 2, is amended to read: 114.32 Subd. 2. [PENALTY AMOUNT.] The citation must impose the 114.33 following penalty amounts: 114.34 (1) $100 per major appliance, as defined in section 114.35 115A.03, subdivision 17a, up to a maximum of $2,000; 114.36 (2) $25 per waste tire, as defined in section 115A.90, 115.1 subdivision 11, up to a maximum of $2,000; 115.2 (3) $25 per lead acid battery governed by section 115A.915, 115.3 up to a maximum of $2,000; 115.4 (4) $1 per pound of other solid waste or $20 per cubic foot 115.5 up to a maximum of $2,000; 115.6 (5) up to $200 for any amount of waste that escapes from a 115.7 vehicle used for the transportation of solid waste if, after 115.8 receiving actual notice that waste has escaped the vehicle, the 115.9 person or company transporting the waste fails to immediately 115.10 collect the waste; 115.11 (6) $50 per violation of rules adopted under section 115.12 116.49, relating to underground storage tank system design, 115.13 construction, installation, and notification requirements, up to 115.14 a maximum of $2,000; 115.15 (7) $250 per violation of rules adopted under section 115.16 116.49, relating to upgrading of existing underground storage 115.17 tank systems, up to a maximum of $2,000; 115.18 (8) $100 per violation of rules adopted under section 115.19 116.49, relating to underground storage tank system general 115.20 operating requirements, up to a maximum of $2,000; 115.21 (9) $250 per violation of rules adopted under section 115.22 116.49, relating to underground storage tank system release 115.23 detection requirements, up to a maximum of $2,000; 115.24 (10) $50 per violation of rules adopted under section 115.25 116.49, relating to out-of-service underground storage tank 115.26 systems and closure, up to a maximum of $2,000; 115.27 (11) $50 per violation of sections 116.48 to 116.491 115.28 relating to underground storage tank system notification, 115.29 monitoring, environmental protection, and tank installers 115.30 training and certification requirements, up to a maximum of 115.31 $2,000; 115.32 (12) $25 per gallon of oil or hazardous substance 115.33 discharged which is not reported or recovered under section 115.34 115.061, up to a maximum of $2,000; 115.35 (13) $1 per gallon of oil or hazardous substance being 115.36 stored, transported, or otherwise handled without the prevention 116.1 or preparedness measures required under chapter 115E, up to a 116.2 maximum of $2,000;and116.3 (14) $250 per violation of Minnesota Rules, parts 7001.4200 116.4 to 7001.4300 or chapter 7151, related to aboveground storage 116.5 tank systems, up to a maximum of $2,000; and 116.6 (15) $250 per delivery made in violation of section 116.49, 116.7 subdivision 3 or 4, levied against: 116.8 (i) the retail location if vapor recovery equipment is not 116.9 installed or maintained properly; 116.10 (ii) the carrier if the transport delivery vehicle is not 116.11 equipped with vapor recovery equipment; or 116.12 (iii) the driver for failure to use supplied vapor recovery 116.13 equipment. 116.14 Sec. 134. Minnesota Statutes 2002, section 116.46, is 116.15 amended by adding a subdivision to read: 116.16 Subd. 7a. [RETAIL LOCATION.] "Retail location" means a 116.17 facility located in the metropolitan area as defined in section 116.18 473.121, subdivision 2, where gasoline is offered for sale to 116.19 the general public for use in automobiles and trucks. 116.20 Sec. 135. Minnesota Statutes 2002, section 116.46, is 116.21 amended by adding a subdivision to read: 116.22 Subd. 7b. [TRANSPORT DELIVERY VEHICLE.] "Transport 116.23 delivery vehicle" means a liquid fuel cargo tank of 3,500 116.24 gallons or more used to deliver gasoline into underground 116.25 storage tanks. 116.26 Sec. 136. Minnesota Statutes 2002, section 116.46, is 116.27 amended by adding a subdivision to read: 116.28 Subd. 9. [VAPOR RECOVERY SYSTEM.] "Vapor recovery system" 116.29 means a system which transfers vapors from underground storage 116.30 tanks during the filling operation to the storage compartment of 116.31 the transport vehicle delivering gasoline. 116.32 Sec. 137. Minnesota Statutes 2002, section 116.49, is 116.33 amended by adding a subdivision to read: 116.34 Subd. 3. [VAPOR RECOVERY SYSTEM.] Every underground 116.35 gasoline storage tank at a retail location must be fitted with 116.36 vapor recovery equipment by January 1, 2006. The equipment must 117.1 be certified by the manufacturer as capable of collecting 95 117.2 percent of hydrocarbons emitted during gasoline transfers from a 117.3 transport delivery vehicle to an underground storage tank. 117.4 Product delivery and vapor recovery access points must be on the 117.5 same side of the transport vehicle when the transport vehicle is 117.6 positioned for delivery into the underground tank. After 117.7 January 1, 2006, no gasoline may be delivered to a retail 117.8 location that is not equipped with a vapor recovery system. 117.9 Sec. 138. Minnesota Statutes 2002, section 116.49, is 117.10 amended by adding a subdivision to read: 117.11 Subd. 4. [VAPOR RECOVERY ON TRANSPORTS.] All transport 117.12 delivery vehicles that deliver gasoline into underground storage 117.13 tanks in the metropolitan area as defined in section 473.121, 117.14 subdivision 2, must be fitted with vapor recovery equipment. 117.15 The equipment must recover and manage 95 percent of hydrocarbons 117.16 emitted during the transfer of gasoline from the underground 117.17 storage tank and the transport delivery vehicle by January 1, 117.18 2006. After January 1, 2006, no gasoline may be delivered to a 117.19 retail location by a transport vehicle that is not fitted with 117.20 vapor recovery equipment. 117.21 Sec. 139. Minnesota Statutes 2002, section 116.50, is 117.22 amended to read: 117.23 116.50 [PREEMPTION.] 117.24 Sections 116.46 to 116.49 preempt conflicting local and 117.25 municipal rules or ordinances requiring notification or 117.26 establishing environmental protection requirements for 117.27 underground storage tanks. A state agency or local unit of 117.28 government may not adopt rules or ordinances establishing or 117.29 requiring vapor recovery for underground storage tanks. 117.30 Sec. 140. Minnesota Statutes 2002, section 116D.04, is 117.31 amended by adding a subdivision to read: 117.32 Subd. 14. The alternative urban areawide review procedure 117.33 under Minnesota Rules, part 4410.3610, must not be used in lieu 117.34 of an environmental impact statement or an environmental 117.35 assessment worksheet where groundwater is at issue. 117.36 [EFFECTIVE DATE.] This section is effective retroactively 118.1 from January 1, 2003, for a draft environmental analysis 118.2 document distributed and noticed after that date. 118.3 Sec. 141. Minnesota Statutes 2002, section 116P.02, 118.4 subdivision 1, is amended to read: 118.5 Subdivision 1. [APPLICABILITY.] The definitions in this 118.6 section apply tosections 116P.01 to 116P.13this chapter. 118.7 Sec. 142. Minnesota Statutes 2002, section 116P.05, 118.8 subdivision 2, is amended to read: 118.9 Subd. 2. [DUTIES.] (a) The commission shall recommend a 118.10 budget plan for expenditures from the environment and natural 118.11 resources trust fund and shall adopt a strategic plan as 118.12 provided in section 116P.08. 118.13 (b) The commission shall recommend expenditures to the 118.14 legislature from theMinnesota future resources fund under118.15section 116P.13state land and water conservation account in the 118.16 natural resources fund. 118.17 (c) It is a condition of acceptance of the appropriations 118.18 made from theMinnesota future resources fund,Minnesota 118.19 environment and natural resources trust fund, and oil overcharge 118.20 money under section 4.071, subdivision 2, that the agency or 118.21 entity receiving the appropriation must submit a work program 118.22 and semiannual progress reports in the form determined by the 118.23 legislative commission on Minnesota resources. None of the 118.24 money provided may be spent unless the commission has approved 118.25 the pertinent work program. 118.26 (d) The peer review panel created under section 116P.08 118.27 must also review, comment, and report to the commission on 118.28 research proposals applying for an appropriation from the 118.29Minnesota resources fund and fromoil overcharge money under 118.30 section 4.071, subdivision 2. 118.31 (e) The commission may adopt operating procedures to 118.32 fulfill its duties undersections 116P.01 to 116P.13chapter 118.33 116P. 118.34 Sec. 143. Minnesota Statutes 2002, section 116P.09, 118.35 subdivision 4, is amended to read: 118.36 Subd. 4. [PERSONNEL.] Persons who are employed by a state 119.1 agency to work on a project and are paid by an appropriation 119.2 from the trust fundor Minnesota future resources fundare in 119.3 the unclassified civil service, and their continued employment 119.4 is contingent upon the availability of money from the 119.5 appropriation. When the appropriation has been spent, their 119.6 positions must be canceled and the approved complement of the 119.7 agency reduced accordingly. Part-time employment of persons for 119.8 a project is authorized. The use of classified employees is 119.9 authorized when approved as part of the work program required by 119.10 section 116P.05, subdivision 2, paragraph (c). 119.11 Sec. 144. Minnesota Statutes 2002, section 116P.09, 119.12 subdivision 5, is amended to read: 119.13 Subd. 5. [ADMINISTRATIVE EXPENSE.] Theadministrative119.14expenses of the commission shall be paid from the various funds119.15administered by the commission as follows:119.16(1) Through June 30, 1993, the administrative expenses of119.17the commission and the advisory committee shall be paid from the119.18Minnesota future resources fund. After that time, the prorated119.19expenses related to administration of the trust fund shall be119.20paid from the earnings of the trust fund.119.21(2) After June 30, 1993, theprorated expenses related to 119.22 commission administration of the trust fund may not exceed an 119.23 amount equal to four percent of theprojected earningsamount 119.24 available for appropriation of the trust fund for the biennium. 119.25 Sec. 145. Minnesota Statutes 2002, section 116P.09, 119.26 subdivision 7, is amended to read: 119.27 Subd. 7. [REPORT REQUIRED.] The commission shall, by 119.28 January 15 of each odd-numbered year, submit a report to the 119.29 governor, the chairs of the house appropriations and senate 119.30 finance committees, and the chairs of the house and senate 119.31 committees on environment and natural resources. Copies of the 119.32 report must be available to the public. The report must include: 119.33 (1) a copy of the current strategic plan; 119.34 (2) a description of each project receiving money from the 119.35 trust fundand Minnesota future resources fundduring the 119.36 preceding biennium; 120.1 (3) a summary of any research project completed in the 120.2 preceding biennium; 120.3 (4) recommendations to implement successful projects and 120.4 programs into a state agency's standard operations; 120.5 (5) to the extent known by the commission, descriptions of 120.6 the projects anticipated to be supported by the trust fundand120.7Minnesota future resources accountduring the next biennium; 120.8 (6) the source and amount of all revenues collected and 120.9 distributed by the commission, including all administrative and 120.10 other expenses; 120.11 (7) a description of the assets and liabilities of the 120.12 trust fundand the Minnesota future resources fund; 120.13 (8) any findings or recommendations that are deemed proper 120.14 to assist the legislature in formulating legislation; 120.15 (9) a list of all gifts and donations with a value over 120.16 $1,000; 120.17 (10) a comparison of the amounts spent by the state for 120.18 environment and natural resources activities through the most 120.19 recent fiscal year; and 120.20 (11) a copy of the most recent compliance audit. 120.21 Sec. 146. Minnesota Statutes 2002, section 116P.10, is 120.22 amended to read: 120.23 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 120.24 This section applies to projects supported by the trust 120.25 fund, the Minnesota future resources fund,and the oil 120.26 overcharge money referred to in section 4.071, subdivision 2, 120.27 each of which is referred to in this section as a "fund." The 120.28 fund owns and shall take title to the percentage of a royalty, 120.29 copyright, or patent resulting from a project supported by the 120.30 fund equal to the percentage of the project's total funding 120.31 provided by the fund. Cash receipts resulting from a royalty, 120.32 copyright, or patent, or the sale of the fund's rights to a 120.33 royalty, copyright, or patent, must be credited immediately to 120.34 the principal of the fund. Receipts from Minnesota future 120.35 resources fund projects must be credited to the trust fund. 120.36 Before a project is included in the budget plan, the commission 121.1 may vote to relinquish the ownership or rights to a royalty, 121.2 copyright, or patent resulting from a project supported by the 121.3 fund to the project's proposer when the amount of the original 121.4 grant or loan, plus interest, has been repaid to the fund. 121.5 Sec. 147. Minnesota Statutes 2002, section 116P.14, 121.6 subdivision 1, is amended to read: 121.7 Subdivision 1. [DESIGNATED AGENCY.] The department of 121.8 natural resources is designated as the state agency to apply 121.9 for, accept, receive, and disburse federal reimbursement funds 121.10 and private funds, which are granted to the state of Minnesota 121.11 from section 6 of the federal Land and Water Conservation Fund 121.12 Act. 121.13 Sec. 148. Minnesota Statutes 2002, section 116P.14, 121.14 subdivision 2, is amended to read: 121.15 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 121.16 CREATION.] A state land and water conservation account is 121.17 created in theMinnesota futurenatural resources fund. All of 121.18 the money made available to the state from funds granted under 121.19 subdivision 1 shall be deposited in the state land and water 121.20 conservation account. 121.21 Sec. 149. Minnesota Statutes 2002, section 297A.94, is 121.22 amended to read: 121.23 297A.94 [DEPOSIT OF REVENUES.] 121.24 (a) Except as provided in this section, the commissioner 121.25 shall deposit the revenues, including interest and penalties, 121.26 derived from the taxes imposed by this chapter in the state 121.27 treasury and credit them to the general fund. 121.28 (b) The commissioner shall deposit taxes in the Minnesota 121.29 agricultural and economic account in the special revenue fund if: 121.30 (1) the taxes are derived from sales and use of property 121.31 and services purchased for the construction and operation of an 121.32 agricultural resource project; and 121.33 (2) the purchase was made on or after the date on which a 121.34 conditional commitment was made for a loan guaranty for the 121.35 project under section 41A.04, subdivision 3. 121.36 The commissioner of finance shall certify to the commissioner 122.1 the date on which the project received the conditional 122.2 commitment. The amount deposited in the loan guaranty account 122.3 must be reduced by any refunds and by the costs incurred by the 122.4 department of revenue to administer and enforce the assessment 122.5 and collection of the taxes. 122.6 (c) The commissioner shall deposit the revenues, including 122.7 interest and penalties, derived from the taxes imposed on sales 122.8 and purchases included in section 297A.61, subdivision 3, 122.9 paragraph (g), clauses (1) and (4), in the state treasury, and 122.10 credit them as follows: 122.11 (1) first to the general obligation special tax bond debt 122.12 service account in each fiscal year the amount required by 122.13 section 16A.661, subdivision 3, paragraph (b); and 122.14 (2) after the requirements of clause (1) have been met, the 122.15 balance to the general fund. 122.16 (d) The commissioner shall deposit the revenues, including 122.17 interest and penalties, collected under section 297A.64, 122.18 subdivision 5, in the state treasury and credit them to the 122.19 general fund. By July 15 of each year the commissioner shall 122.20 transfer to the highway user tax distribution fund an amount 122.21 equal to the excess fees collected under section 297A.64, 122.22 subdivision 5, for the previous calendar year. 122.23 (e) For fiscal year 2001, 97 percent; for fiscal years 2002 122.24 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 122.2587.172.43 percent of the revenues, including interest and 122.26 penalties, transmitted to the commissioner under section 122.27 297A.65, must be deposited by the commissioner in the state 122.28 treasury as follows: 122.29 (1) 50 percent of the receipts must be deposited in the 122.30 heritage enhancement account in the game and fish fund, and may 122.31 be spent only on activities that improve, enhance, or protect 122.32 fish and wildlife resources, including conservation, 122.33 restoration, and enhancement of land, water, and other natural 122.34 resources of the state; 122.35 (2) 22.5 percent of the receipts must be deposited in the 122.36 natural resources fund, and may be spent only for state parks 123.1 and trails; 123.2 (3) 22.5 percent of the receipts must be deposited in the 123.3 natural resources fund, and may be spent only on metropolitan 123.4 park and trail grants; 123.5 (4) three percent of the receipts must be deposited in the 123.6 natural resources fund, and may be spent only on local trail 123.7 grants; and 123.8 (5) two percent of the receipts must be deposited in the 123.9 natural resources fund, and may be spent only for the Minnesota 123.10 zoological garden, the Como park zoo and conservatory, and the 123.11 Duluth zoo. 123.12 (f) The revenue dedicated under paragraph (e) may not be 123.13 used as a substitute for traditional sources of funding for the 123.14 purposes specified, but the dedicated revenue shall supplement 123.15 traditional sources of funding for those purposes. Land 123.16 acquired with money deposited in the game and fish fund under 123.17 paragraph (e) must be open to public hunting and fishing during 123.18 the open season, except that in aquatic management areas or on 123.19 lands where angling easements have been acquired, fishing may be 123.20 prohibited during certain times of the year and hunting may be 123.21 prohibited. At least 87 percent of the money deposited in the 123.22 game and fish fund for improvement, enhancement, or protection 123.23 of fish and wildlife resources under paragraph (e) must be 123.24 allocated for field operations. 123.25 Sec. 150. Minnesota Statutes 2002, section 297F.10, 123.26 subdivision 1, is amended to read: 123.27 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue 123.28 received from cigarette taxes, as well as related penalties, 123.29 interest, license fees, and miscellaneous sources of revenue 123.30 shall be deposited by the commissioner in the state treasury and 123.31 credited as follows: 123.32 (a) first to the general obligation special tax bond debt 123.33 service account in each fiscal year the amount required to 123.34 increase the balance on hand in the account on each December 1 123.35 to an amount equal to the full amount of principal and interest 123.36 to come due on all outstanding bonds whose debt service is 124.1 payable primarily from the proceeds of the tax to and including 124.2 the second following July 1; and 124.3 (b) after the requirements of paragraph (a) have been met:, 124.4(1) the revenue produced by one mill of the tax on124.5cigarettes weighing not more than three pounds a thousand and124.6two mills of the tax on cigarettes weighing more than three124.7pounds a thousand must be credited to the Minnesota future124.8resources fund; and124.9(2)the balance of the revenues derived from taxes, 124.10 penalties, and interest (under this chapter) and from license 124.11 fees and miscellaneous sources of revenue shall be credited to 124.12 the general fund. 124.13 Sec. 151. Laws 2002, chapter 355, section 4, is amended to 124.14 read: 124.15 Sec. 4. [SNOWMOBILE TRAILS AND ENFORCEMENT ACCOUNT; 124.16 AUTHORIZATION.] 124.17 Upon a showing of need, the commissioner of natural 124.18 resources may use up to 50 percent of a snowmobile maintenance 124.19 and grooming grant under Minnesota Statutes, section 84.83, that 124.20 was available as of December 31,20012002, to reimburse the 124.21 intended recipient for expenses incurred in the purchase or 124.22 lease of snowmobile trail grooming equipment to be used for 124.23 grant-in-aid trails. The costs must be incurred between July 1, 124.2420012002, andMay 1, 2002June 30, 2003, and recipients must 124.25 provide acceptable documentation of the costs to the 124.26 commissioner. All applications for reimbursement under this 124.27 section must be received no later than September 1,20022003. 124.28 Sec. 152. [WATER QUALITY ASSESSMENT PROCESS; RULEMAKING.] 124.29 (a) By January 1, 2006, the pollution control agency shall 124.30 adopt rules under Minnesota Statutes, chapter 14, relating to 124.31 water quality assessment for the waters of the state. The 124.32 adopted rules must, at a minimum, satisfy paragraphs (b) to (h). 124.33 (b) The rules must apply to the determination of impaired 124.34 waters as required by Section 303(d) of the Clean Waters Act of 124.35 1977, United States Code, title 33, chapter 26, section 1313(d). 124.36 (c) The rules must define the terms "altered materially," 125.1 "material increase," "material manner," "seriously impaired," 125.2 and "significant increase," contained in Minnesota Rules, part 125.3 7050.0150, subpart 3. 125.4 (d) The rules must define the terms "normal fishery" and 125.5 "normally present," contained in Minnesota Rules, part 125.6 7050.0150, subpart 3. 125.7 (e) The rules must specify that for purposes of the 125.8 determination of impaired waters, the agency will only make an 125.9 impairment determination based on pollution of waters of the 125.10 state which has resulted in degradation of the physical, 125.11 chemical, or biological qualities of the water body, such that 125.12 attainable or previously existing beneficial uses are actually 125.13 or potentially lost. 125.14 (f) The rules must provide that when a person presents 125.15 information adequately demonstrating that a beneficial use for 125.16 the water body does not exist and is not attainable due to the 125.17 natural condition of the water body, the agency shall initiate 125.18 an administrative process for reclassification of the water to 125.19 remove the beneficial use. 125.20 (g) The rules must provide that the agency, in considering 125.21 impairment due to nutrients and application of nutrient 125.22 objectives and effluent limitations related to riverine systems 125.23 or riverine impoundments, must consider temperatures and 125.24 detention time effects on algal populations and impose reduction 125.25 requirements only when the discharge of nutrients is expected to 125.26 cause or contribute to algal growth that impairs existing or 125.27 attainable uses. 125.28 (h) The agency will apply Minnesota Rules, part 7050.0150, 125.29 consistently with paragraphs (e) and (g). 125.30 (i) By February 1, 2004, and by February 1, 2005, the 125.31 commissioner shall report to the environment and natural 125.32 resources finance committees of the house and senate on the 125.33 status of discussions with stakeholders and the development of 125.34 the rules required under this section. 125.35 Sec. 153. [MODIFICATIONS TO STORM WATER PERMIT FEES.] 125.36 (a) The pollution control agency shall collect water 126.1 quality permit applications and annual fees as provided in the 126.2 rules of the agency and in Laws 2002, chapter 220, article 8, 126.3 section 15, with the following modifications: 126.4 (1) the application fee for general industrial storm water 126.5 permits is reduced to zero, and the annual fee is increased to 126.6 $400; 126.7 (2) the application fee for general construction storm 126.8 water permits is increased to $400; and 126.9 (3) application and annual fees for other general permits 126.10 do not apply to general municipal separate storm sewer system 126.11 permits. 126.12 (b) Nothing in this section limits the authority of a 126.13 county, city, town, watershed district, or other special purpose 126.14 district or political subdivision, to impose fees or to levy 126.15 taxes or assessments to pay the cost of regulating or 126.16 controlling storm water discharges to waters of the state. 126.17 (c) The permit fee modifications provided in this section 126.18 are effective July 1, 2003. The pollution control agency shall 126.19 adopt amended water quality permit fee rules under Minnesota 126.20 Statutes, section 14.389, that incorporate the fee modifications 126.21 provided in this section. The agency shall begin collecting 126.22 fees in accordance with the modifications in this section on 126.23 July 1, 2003, regardless of the status of those rules. 126.24 Notwithstanding Minnesota Statutes, section 14.18, subdivision 126.25 2, the permit fee modifications in this section and the rule 126.26 amendments incorporating them do not require further legislative 126.27 approval. 126.28 [EFFECTIVE DATE.] This section is effective the day 126.29 following final enactment. 126.30 Sec. 154. [UTILITY LICENSES.] 126.31 (a) The fees in Minnesota Rules, parts 6135.0400 to 126.32 6135.0810, adopted pursuant to Minnesota Statutes, section 126.33 84.415, are to be amended as follows: 126.34 (1) effective July 1, 2003, the application fee for a 126.35 license to construct a utility crossing over or under public 126.36 lands or over or under public waters is $500; and 127.1 (2) effective July 1, 2004, the fee schedules of Minnesota 127.2 Rules, parts 6135.0510 to 6135.0810, are increased to an amount 127.3 equal to the current schedules plus escalation due to inflation 127.4 from 1990 through 2002. The basis of escalation shall be the 127.5 producer price index for all commodities, not seasonally 127.6 adjusted, and the index value used shall be the annual average 127.7 as revised four months after publication. 127.8 (b) The commissioner of natural resources shall amend 127.9 Minnesota Rules, parts 6135.0400 to 6135.0810, according to this 127.10 section and according to Minnesota Statutes, section 14.388, 127.11 clause (3). Except as provided in Minnesota Statutes, section 127.12 14.388, Minnesota Statutes, section 14.386 does not apply. 127.13 [EFFECTIVE DATE.] This section is effective the day 127.14 following final enactment. 127.15 Sec. 155. [CONSERVATION CORPS; TRANSFER OF ASSETS.] 127.16 The state's ownership interest in all tools, computers, and 127.17 other supplies and equipment acquired by the commissioner of 127.18 natural resources for the purpose of the conservation corps 127.19 created under Minnesota Statutes, section 84.98, is transferred 127.20 to the Minnesota conservation corps created in Minnesota 127.21 Statutes, section 84.991. 127.22 Sec. 156. [CONSERVATION CORPS; TRANSFER OF FUNDS.] 127.23 The remaining balances in the Minnesota conservation corps 127.24 cooperative agreement, youthworks, Americorps administration, 127.25 education vouchers, and gift accounts on June 30, 2003, are 127.26 canceled and reappropriated to the friends of the Minnesota 127.27 conservation corps created in Minnesota Statutes, section 84.991. 127.28 Sec. 157. [STATE FOREST MOTORIZED TRAIL SYSTEM PLANNING 127.29 PROCESS; IMPLEMENTATION.] 127.30 (a) By March 1, 2006, the commissioner of natural resources 127.31 shall complete implementation of the existing system planning 127.32 process for motorized trails in state forests. Notwithstanding 127.33 any law to the contrary, any trail or forest road in a state 127.34 forest for which motorized use was allowed from January 1, 2003, 127.35 to January 1, 2006, and not closed through implementation of the 127.36 system planning process is designated for motorized use on 128.1 January 1, 2006. Any mileage identified in the system planning 128.2 process for motorized trails that would be permanently closed as 128.3 a result of the system planning process must be replaced with an 128.4 equal amount of motorized mileage use. At least 50 percent of 128.5 the existing forest trails and at least 50 percent of the class 128.6 3, 4, 5, and 6 forest roads that are currently open to off-road 128.7 vehicle use must remain open to off-road vehicle use after the 128.8 system planning process has been completed. The commissioner 128.9 shall sign all trails and forest roads designated under this 128.10 section for motorized use in state forests. By January 1, 2006, 128.11 the environmental quality board shall adopt rules providing for 128.12 threshold levels for environmental review on recreational 128.13 trails. Until January 1, 2006, environmental review under 128.14 Minnesota Statutes, section 116D.04, and rules adopted by the 128.15 environmental quality board do not apply to the designation of: 128.16 (1) a motorized trail within the statutory boundaries of a 128.17 state forest that is lawfully used by motorized recreational 128.18 vehicles at the time of designation; 128.19 (2) any motorized trail segment within the statutory 128.20 boundaries of a state forest that is a rerouting of a motorized 128.21 trail when necessary for safety considerations or to avoid 128.22 sensitive areas; 128.23 (3) existing public or forest roads within the statutory 128.24 boundaries of a state forest for motorized recreational vehicle 128.25 use; or 128.26 (4) any new trail within the statutory boundaries of a 128.27 state forest designated by the commissioner. 128.28 (b) The commissioner shall complete the five-step public 128.29 review process as provided in the department of natural 128.30 resources publication titled: "Off-Highway Vehicle System 128.31 Planning, Project Implementation and Review: (Revised 128.32 01/07/03)" for designations under paragraph (a), except that the 128.33 commissioner shall conduct an alternative environmental review, 128.34 according to this paragraph, in lieu of the process described in 128.35 step 3, page 4, of the aforementioned publication. The 128.36 commissioner shall conduct an internal departmental 129.1 interdisciplinary environmental review. The commissioner may 129.2 make project modifications or provide for additional mitigation 129.3 as warranted by the internal departmental interdisciplinary 129.4 environmental review. 129.5 (c) The Minnesota department of natural resources shall 129.6 locate, plan, design, map, construct, designate, and sign a new 129.7 state two-way travel, all-terrain vehicle trail of not less than 129.8 70 continuous miles in length on Minnesota state forest land or 129.9 any land owned by the state of Minnesota or in cooperation with 129.10 any Minnesota county on that county-owned land or on a 129.11 combination of any of these lands. None of the trail shall be 129.12 located in or along any ditches or in or on any road 129.13 right-of-way. This new all-terrain vehicle trail shall be 129.14 completely finished and ready for use by April 1, 2007. All 129.15 funding for this new all-terrain vehicle trail shall come from 129.16 the all-terrain vehicle dedicated account and is appropriated 129.17 each year as needed. An additional surcharge shall be placed on 129.18 every new or renewal all-terrain vehicle registration, if 129.19 additional funds are needed. These funds shall be deposited in 129.20 the dedicated all-terrain vehicle account. Any surcharge shall 129.21 sunset January 1, 2008, and shall not exceed $10 per 129.22 registration and shall only be imposed if the all-terrain 129.23 vehicle dedicated account does not have the needed funds to 129.24 complete this new all-terrain vehicle trail. This new 129.25 all-terrain vehicle trail shall have at least two areas of 129.26 access complete with appropriate parking for vehicles and 129.27 trailers and enough room for loading and unloading all-terrain 129.28 vehicles and shall be at least 2-1/2 acres. Some existing 129.29 trails, that are strictly all-terrain vehicle trails, and are 129.30 not logging or forest roads, may be incorporated into the design 129.31 of this new all-terrain vehicle trail, but the majority of this 129.32 new all-terrain trail must be new and not part of the already 129.33 designated all-terrain vehicle trail system. This new 129.34 all-terrain vehicle trail may be of a continuous loop design and 129.35 shall provide for spurs to other all-terrain vehicle trails as 129.36 long as those spurs do not count towards the 70 continuous miles 130.1 of this new all-terrain vehicle trail. Rest areas shall be 130.2 provided at approximately every 17.5 miles. 130.3 Sec. 158. [PHOSPHORUS STUDY.] 130.4 The commissioner of the pollution control agency must study 130.5 the concept of lowering phosphorus in the wastewater stream and 130.6 the effect on water quality and how to best assist local units 130.7 of government in removing phosphorus at public wastewater 130.8 treatment plants. The commissioner must review the rules on 130.9 nutrients in cleaning agents pursuant to Minnesota Statutes, 130.10 sections 116.23 and 116.24, and report the results of the study 130.11 and rule review to the house and senate environment and natural 130.12 resources policy and finance committees and commerce committees 130.13 by February 1, 2004. 130.14 Sec. 159. [INDIVIDUAL SEWAGE TREATMENT SYSTEM STUDY.] 130.15 The commissioner of the pollution control agency, with 130.16 input from stakeholders, must develop and report back to the 130.17 legislature by February 1, 2004, a five-year plan to work with 130.18 counties to: 130.19 (1) locate individual sewage systems that are imminent 130.20 threats to public health and safety, and those with less than 130.21 two feet of soil separation, within those counties with 130.22 watersheds impaired by fecal coliform; 130.23 (2) institute a system to oversee compliance of failing 130.24 systems as defined in Minnesota Rules, part 7080.0020, subpart 130.25 16b, with individual sewage treatment maintenance requirements 130.26 of Minnesota Rules, part 7080.0175; and 130.27 (3) report the results of the study to the house and senate 130.28 environment and natural resources policy and finance committees. 130.29 Sec. 160. [COUNTY PROCESSING GRANT OBLIGATIONS.] 130.30 The outstanding obligations arising from the following 130.31 specified processing facility grants provided by the office of 130.32 environmental assistance to the listed counties are terminated, 130.33 notwithstanding the provisions of Minnesota Statutes, section 130.34 16A.695: 130.35 (1) Fillmore county, for demonstration program grants 130.36 awarded March 1987 and June 1991; 131.1 (2) St. Louis county, for a capital assistance program 131.2 grant awarded September 1989; 131.3 (3) Wright county, for a capital assistance program grant 131.4 awarded April 1990; 131.5 (4) Isanti, Chisago, Pine, Mille Lacs, and Kanabec 131.6 counties, together as the east central solid waste commission, 131.7 for a capital assistance program grant awarded September 1990, 131.8 and a facility optimization grant awarded February 1994; and 131.9 (5) Pennington county, for a capital assistance program 131.10 grant awarded in February 1992. 131.11 [EFFECTIVE DATE.] This section is effective the day 131.12 following final enactment. 131.13 Sec. 161. [NORTH OTTAWA FLOOD REVIEW.] 131.14 (a) Before any more state funds are allocated and expended 131.15 for the North Ottawa water impoundment project under Minnesota 131.16 Statutes, section 103F.161, a local task force in Grant county 131.17 must assess the costs and benefits to affected landowners and 131.18 report back to the house and senate environment and agriculture 131.19 committees. 131.20 (b) The local task force in Grant county shall consist of a 131.21 Grant county commissioner representing the Bois de Sioux 131.22 watershed area, a township officer in each of the towns of North 131.23 Ottawa, Elbow Lake, and Gorton, three affected landowners in the 131.24 watershed who are residents in Grant county, with at least one 131.25 of those members living in the North Ottawa Township, one each 131.26 appointed by the Grant county commissioner, the North Ottawa 131.27 township officer, and the official of the Bois de Sioux 131.28 watershed district, an official from the local soil and water 131.29 conservation district, an official of the Bois de Sioux 131.30 watershed district, and a local official from the department of 131.31 natural resources. Starting by August 1, 2003, and after review 131.32 of the project, the local task force must attempt to offer as 131.33 many as possible lower cost options, but at least one, for flood 131.34 control in the watershed. 131.35 (c) The Grant county soil and water conservation district 131.36 must present the identified options in paragraph (b) to the 132.1 legislative committees in paragraph (a) by February 15, 2004. 132.2 The legislative committees shall review the options and make a 132.3 project recommendation for funding to the house and senate 132.4 capital investment committees by March 15, 2004. 132.5 Sec. 162. [REPORT.] 132.6 The commissioner shall report to the legislature by August 132.7 1, 2004, on the results of the mourning dove season authorized 132.8 by Minnesota Statutes, section 97B.717. The report must include 132.9 a description of the impact of the season on the mourning dove 132.10 population in the state. 132.11 Sec. 163. [REPORT.] 132.12 The commissioner of natural resources must report to the 132.13 chairs of the house and senate environment and judiciary policy 132.14 committees by February 1, 2004, on clarification of conservation 132.15 officer authority and any law enforcement authority for other 132.16 employees of the department. 132.17 Sec. 164. [REVISOR'S INSTRUCTION.] 132.18 The revisor of statutes shall change the reference in 132.19 Minnesota Rules, part 8420.0740, subpart 1, item I, subitem (3), 132.20 from "8420.0720, subpart 8a" to "8420.0720, subpart 8." 132.21 Sec. 165. [REPEALER.] 132.22 (a) Minnesota Statutes 2002, section 97B.731, subdivision 132.23 2, is repealed effective the day following final enactment. 132.24 (b) Minnesota Statutes 2002, sections 1.31; 1.32; 84.0887; 132.25 84.98; 84.99; 93.2235; 97A.485, subdivision 12; 103B.311, 132.26 subdivisions 5, 6, and 7; 103B.315, subdivisions 1, 2, 3, and 7; 132.27 103B.321, subdivision 3; and 103B.3369, subdivision 3; Minnesota 132.28 Rules, parts 9300.0010; 9300.0020; 9300.0030; 9300.0040; 132.29 9300.0050; 9300.0060; 9300.0070; 9300.0080; 9300.0090; 132.30 9300.0100; 9300.0110; 9300.0120; 9300.0130; 9300.0140; 132.31 9300.0150; 9300.0160; 9300.0170; 9300.0180; 9300.0190; 132.32 9300.0200; and 9300.0210, are repealed. 132.33 (c) Minnesota Statutes 2002, section 97A.105, subdivisions 132.34 3a and 3b, are repealed effective January 1, 2004. 132.35 Sec. 166. [EFFECTIVE DATE.] 132.36 Except as otherwise provided, this article is effective 133.1 July 1, 2003. 133.2 ARTICLE 2 133.3 ENVIRONMENTAL FUND CHANGES 133.4 Section 1. Minnesota Statutes 2002, section 16A.531, 133.5 subdivision 1, is amended to read: 133.6 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in 133.7 the state treasury an environmental fund as a special revenue 133.8 fund for deposit of receipts from environmentally related taxes, 133.9 fees, andactivities conducted by the stateother sources as 133.10 provided in subdivision 1a. 133.11 Sec. 2. Minnesota Statutes 2002, section 16A.531, is 133.12 amended by adding a subdivision to read: 133.13 Subd. 1a. [REVENUES.] The following revenues must be 133.14 deposited in the environmental fund: 133.15 (1) all revenue from the motor vehicle transfer fee imposed 133.16 under section 115A.908; 133.17 (2) all fees collected under section 116.07, subdivision 133.18 4d; 133.19 (3) all money collected by the pollution control agency in 133.20 enforcement matters as provided in section 115.073; 133.21 (4) all revenues from license fees for individual sewage 133.22 treatment systems under section 115.56; 133.23 (5) all loan repayments deposited under section 115A.0716; 133.24 (6) all revenue from pollution prevention fees imposed 133.25 under section 115D.12; 133.26 (7) all loan repayments deposited under section 116.994; 133.27 (8) all fees collected under section 116C.834; 133.28 (9) revenue collected from the solid waste management tax 133.29 pursuant to chapter 297H; 133.30 (10) fees collected under section 473.844; and 133.31 (11) interest accrued on the fund. 133.32 Sec. 3. Minnesota Statutes 2002, section 115.073, is 133.33 amended to read: 133.34 115.073 [ENFORCEMENT FUNDING.] 133.35 Except as provided insections 115B.20, subdivision 4,133.36clause (2);section 115C.05; and 473.845, subdivision 8, all 134.1 money recovered by the state under this chapter and chapters 134.2 115A and 116, including civil penalties and money paid under an 134.3 agreement, stipulation, or settlement, excluding money paid for 134.4 past due fees or taxes, up to the amount appropriated for 134.5 implementation of Laws 1991, chapter 347, must be deposited in 134.6 the state treasury and credited to the environmental fund. 134.7 Sec. 4. Minnesota Statutes 2002, section 115.56, 134.8 subdivision 4, is amended to read: 134.9 Subd. 4. [LICENSE FEE.] The fee for a license required 134.10 under subdivision 2 is $100 per year. Revenue from the fees 134.11 must be credited to the environmental fund and is exempt from 134.12 section 16A.1285. 134.13 Sec. 5. Minnesota Statutes 2002, section 115A.0716, 134.14 subdivision 3, is amended to read: 134.15 Subd. 3. [REVOLVING ACCOUNT.]An environmental assistance134.16revolving account is established in the environmental fund.All 134.17 repayments of loans awarded under this subdivision, including 134.18 principal and interest, must bedeposited intocredited to the 134.19accountenvironmental fund. Money deposited in theaccount134.20 fund under this section is annually appropriated to the director 134.21 for loans for purposes identified in subdivisions 1 and 2. 134.22 Sec. 6. Minnesota Statutes 2002, section 115A.9651, 134.23 subdivision 6, is amended to read: 134.24 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 134.25 under subdivision 7, the manufacturer, or an association of 134.26 manufacturers, of any specified product distributed for sale or 134.27 use in this state that is not listed pursuant to subdivision 4 134.28 shall submit a product review report and fee as provided in 134.29 paragraph (c) to the commissioner for each product by July 1, 134.30 1998. Each product review report shall contain at least the 134.31 following: 134.32 (1) a policy statement articulating upper management 134.33 support for eliminating or reducing intentional introduction of 134.34 listed metals into its products; 134.35 (2) a description of the product and the amount of each 134.36 listed metal distributed for use in this state; 135.1 (3) a description of past and ongoing efforts to eliminate 135.2 or reduce the listed metal in the product; 135.3 (4) an assessment of options available to reduce or 135.4 eliminate the intentional introduction of the listed metal 135.5 including any alternatives to the specified product that do not 135.6 contain the listed metal, perform the same technical function, 135.7 are commercially available, and are economically practicable; 135.8 (5) a statement of objectives in numerical terms and a 135.9 schedule for achieving the elimination of the listed metals and 135.10 an environmental assessment of alternative products; 135.11 (6) a listing of options considered not to be technically 135.12 or economically practicable; and 135.13 (7) certification attesting to the accuracy of the 135.14 information in the report signed and dated by an official of the 135.15 manufacturer or user. 135.16 If the manufacturer fails to submit a product review report, a 135.17 user of a specified product may submit a report and fee which 135.18 comply with this subdivision by August 15, 1998. 135.19 (b) By July 1, 1999, and annually thereafter until the 135.20 commissioner takes action under subdivision 9, the manufacturer 135.21 or user must submit a progress report and fee as provided in 135.22 paragraph (c) updating the information presented under paragraph 135.23 (a). 135.24 (c) The fee shall be $295 for each report. The fee shall 135.25 be deposited in the state treasury and credited to the 135.26 environmental fund. The fee is exempt from section 16A.1285. 135.27 (d) Where it cannot be determined from a progress report 135.28 submitted by a person pursuant to Laws 1994, chapter 585, 135.29 section 30, subdivision 2, paragraph (e), the number of products 135.30 for which product review reports are due under this subdivision, 135.31 the commissioner shall have the authority to determine, after 135.32 consultation with that person, the number of products for which 135.33 product review reports are required. 135.34 (e) The commissioner shall summarize, aggregate, and 135.35 publish data reported under paragraphs (a) and (b) annually. 135.36 (f) A product that is the subject of a recommendation by 136.1 the Toxics in Packaging Clearinghouse, as administered by the 136.2 Council of State Governments, is exempt from this section. 136.3 Sec. 7. Minnesota Statutes 2002, section 115B.17, 136.4 subdivision 6, is amended to read: 136.5 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 136.6 necessary expenses incurred by the agency or commissioner 136.7 pursuant to this section, including all response costs, and 136.8 administrative and legal expenses, may be recovered in a civil 136.9 action brought by the attorney general against any person who 136.10 may be liable under section 115B.04 or any other law. The 136.11 agency's certification of expenses shall be prima facie evidence 136.12 that the expenses are reasonable and necessary. Any expenses 136.13 incurred pursuant to this section which are recovered by the 136.14 attorney general pursuant to section 115B.04 or any other law, 136.15 including any award of attorneys fees, shall be deposited in the 136.16 remediation fundand credited to a special account for136.17additional response actions as provided in section 115B.20,136.18subdivision 2, clause (2) or (4). 136.19 Sec. 8. Minnesota Statutes 2002, section 115B.17, 136.20 subdivision 7, is amended to read: 136.21 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the 136.22 purpose of this subdivision, the state is the trustee of the 136.23 air, water and wildlife of the state. An action pursuant to 136.24 section 115B.04 for damages with respect to air, water or 136.25 wildlife may be brought by the attorney general in the name of 136.26 the state as trustee for those natural resources. Any damages 136.27 recovered by the attorney general pursuant to section 115B.04 or 136.28 any other law for injury to, destruction of, or loss of natural 136.29 resources resulting from the release of a hazardous substance, 136.30 or a pollutant or contaminant, shall be deposited in theaccount136.31 remediation fund. 136.32 Sec. 9. Minnesota Statutes 2002, section 115B.17, 136.33 subdivision 14, is amended to read: 136.34 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 136.35 OVERSIGHT.] (a) The commissioner may, upon request, assist a 136.36 person in determining whether real property has been the site of 137.1 a release or threatened release of a hazardous substance, 137.2 pollutant, or contaminant. The commissioner may also assist in, 137.3 or supervise, the development and implementation of reasonable 137.4 and necessary response actions. Assistance may include review 137.5 of agency records and files, and review and approval of a 137.6 requester's investigation plans and reports and response action 137.7 plans and implementation. 137.8 (b) Except as otherwise provided in this paragraph, the 137.9 person requesting assistance under this subdivision shall pay 137.10 the agency for the agency's cost, as determined by the 137.11 commissioner, of providing assistance. A state agency, 137.12 political subdivision, or other public entity is not required to 137.13 pay for the agency's cost to review agency records and files. 137.14 Money received by the agency for assistance under this section 137.15 must be deposited in theenvironmental response, compensation,137.16and complianceremediation fund and is exempt from section 137.17 16A.1285. 137.18 (c) When a person investigates a release or threatened 137.19 release in accordance with an investigation plan approved by the 137.20 commissioner under this subdivision, the investigation does not 137.21 associate that person with the release or threatened release for 137.22 the purpose of section 115B.03, subdivision 3, clause (4). 137.23 Sec. 10. Minnesota Statutes 2002, section 115B.17, 137.24 subdivision 16, is amended to read: 137.25 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 137.26 ACTION.] (a) If the commissioner determines that real or 137.27 personal property acquired by the agency for response action is 137.28 no longer needed for response action purposes, the commissioner 137.29 may: 137.30 (1) transfer the property to the commissioner of 137.31 administration to be disposed of in the manner required for 137.32 other surplus property subject to conditions the commissioner 137.33 determines necessary to protect the public health and welfare or 137.34 the environment, or to comply with federal law; 137.35 (2) transfer the property to another state agency, a 137.36 political subdivision, or special purpose district as provided 138.1 in paragraph (b); or 138.2 (3) if required by federal law, take actions and dispose of 138.3 the property as required by federal law. 138.4 (b) If the commissioner determines that real or personal 138.5 property acquired by the agency for response action must be 138.6 operated, maintained, or monitored after completion of other 138.7 phases of the response action, the commissioner may transfer 138.8 ownership of the property to another state agency, a political 138.9 subdivision, or special purpose district that agrees to accept 138.10 the property. A state agency, political subdivision, or special 138.11 purpose district is authorized to accept and implement the terms 138.12 and conditions of a transfer under this paragraph. The 138.13 commissioner may set terms and conditions for the transfer that 138.14 the commissioner considers reasonable and necessary to ensure 138.15 proper operation, maintenance, and monitoring of response 138.16 actions, protect the public health and welfare and the 138.17 environment, and comply with applicable federal and state laws 138.18 and regulations. The state agency, political subdivision, or 138.19 special purpose district to which the property is transferred is 138.20 not liable under this chapter solely as a result of acquiring 138.21 the property or acting in accordance with the terms and 138.22 conditions of the transfer. 138.23 (c) If the agency acquires property under subdivision 15, 138.24 the commissioner may lease or grant an easement in the property 138.25 to a person during the implementation of response actions if the 138.26 lease or easement is compatible with or necessary for response 138.27 action implementation. 138.28 (d) The proceeds of a sale, lease, or other transfer of 138.29 property under this subdivision by the commissioner or by the 138.30 commissioner of administration shall be deposited in the 138.31environmental response, compensation, and compliance account138.32 remediation fund. Any share of the proceeds that the agency is 138.33 required by federal law or regulation to reimburse to the 138.34 federal government is appropriated from the account to the 138.35 agency for that purpose. Except for section 94.16, subdivision 138.36 2, the provisions of section 94.16 do not apply to real property 139.1 sold by the commissioner of administration which was acquired 139.2 under subdivision 15. 139.3 Sec. 11. Minnesota Statutes 2002, section 115B.19, is 139.4 amended to read: 139.5 115B.19 [PURPOSES OF ACCOUNT AND TAXESPURPOSE OF FUND.] 139.6 In establishing theenvironmental response, compensation139.7and compliance accountremediation fund in section115B.20 and139.8imposing taxes in section 115B.22116.155 it is the purpose of 139.9 the legislature to: 139.10 (1) encourage treatment and disposal of hazardous waste in 139.11 a manner that adequately protects the public health or welfare 139.12 or the environment; 139.13 (2) encourage responsible parties to provide the response 139.14 actions necessary to protect the public and the environment from 139.15 the effects of the release of hazardous substances; 139.16 (3) encourage the use of alternatives to land disposal of 139.17 hazardous waste including resource recovery, recycling, 139.18 neutralization, and reduction; 139.19 (4) provide state agencies with the financial resources 139.20 needed to prepare and implement an effective and timely state 139.21 response to the release of hazardous substances, including 139.22 investigation, planning, removal and remedial action; 139.23 (5) compensate for increased governmental expenses and loss 139.24 of revenue and to provide other appropriate assistance to 139.25 mitigate any adverse impact on communities in which commercial 139.26 hazardous waste processing or disposal facilities are located 139.27 under the siting process provided in chapter 115A; 139.28 (6) recognize the environmental and public health costs of 139.29 land disposal of solid waste and of the use and disposal of 139.30 hazardous substances and to place the burden of financing state 139.31 hazardous waste management activities on those whose products 139.32 and services contribute to hazardous waste management problems 139.33 and increase the risks of harm to the public and the environment. 139.34 Sec. 12. Minnesota Statutes 2002, section 115B.20, is 139.35 amended to read: 139.36 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND140.1COMPLIANCE ACCOUNTACTIONS USING MONEY FROM REMEDIATION FUND.] 140.2Subdivision 1. [ESTABLISHMENT.] (a) The environmental140.3response, compensation, and compliance account is in the140.4environmental fund in the state treasury and may be spent only140.5for the purposes provided in subdivision 2.140.6(b) The commissioner of finance shall administer a response140.7account for the agency and the commissioner of agriculture to140.8take removal, response, and other actions authorized under140.9subdivision 2, clauses (1) to (4) and (9) to (11). The140.10commissioner of finance shall transfer money from the response140.11account to the agency and the commissioner of agriculture to140.12take actions required under subdivision 2, clauses (1) to (4)140.13and (9) to (11).140.14(c) The commissioner of finance shall administer the140.15account in a manner that allows the commissioner of agriculture140.16and the agency to utilize the money in the account to implement140.17their removal and remedial action duties as effectively as140.18possible.140.19(d) Amounts appropriated to the commissioner of finance140.20under this subdivision shall not be included in the department140.21of finance budget but shall be included in the pollution control140.22agency and department of agriculture budgets.140.23(e) All money recovered by the state under section 115B.04140.24or any other law for injury to, destruction of, or loss of140.25natural resources resulting from the release of a hazardous140.26substance, or a pollutant or contaminant, must be credited to140.27the environmental response, compensation, and compliance account140.28in the environmental fund and is appropriated to the140.29commissioner of natural resources for purposes of subdivision 2,140.30clause (5), consistent with any applicable term of judgments,140.31consent decrees, consent orders, or other administrative actions140.32requiring payments to the state for such purposes. Before140.33making an expenditure of money appropriated under this140.34paragraph, the commissioner of natural resources shall provide140.35written notice of the proposed expenditure to the chairs of the140.36senate committee on finance, the house of representatives141.1committee on ways and means, the finance division of the senate141.2committee on environment and natural resources, and the house of141.3representatives committee on environment and natural resources141.4finance.141.5 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.]Subject141.6to appropriation by the legislature the money in the141.7accountMoney appropriated from the remediation fund under 141.8 section 116.155, subdivision 2, paragraph (a), clause (1), may 141.9 be spent only forany ofthe following purposes: 141.10 (1) preparation by the agency and the commissioner of 141.11 agriculture for taking removal or remedial action under section 141.12 115B.17, or under chapter 18D, including investigation, 141.13 monitoring and testing activities, enforcement and compliance 141.14 efforts relating to the release of hazardous substances, 141.15 pollutants or contaminants under section 115B.17 or 115B.18, or 141.16 chapter 18D; 141.17 (2) removal and remedial actions taken or authorized by the 141.18 agency or the commissioner of the pollution control agency under 141.19 section 115B.17, or taken or authorized by the commissioner of 141.20 agriculture under chapter 18D including related enforcement and 141.21 compliance efforts under section 115B.17 or 115B.18, or chapter 141.22 18D, and payment of the state share of the cost of remedial 141.23 action which may be carried out under a cooperative agreement 141.24 with the federal government pursuant to the federal Superfund 141.25 Act, under United States Code, title 42, section 9604(c)(3) for 141.26 actions related to facilities other than commercial hazardous 141.27 waste facilities located under the siting authority of chapter 141.28 115A; 141.29 (3) reimbursement to any private person for expenditures 141.30 made before July 1, 1983, to provide alternative water supplies 141.31 deemed necessary by the agency or the commissioner of 141.32 agriculture and the department of health to protect the public 141.33 health from contamination resulting from the release of a 141.34 hazardous substance; 141.35 (4)removal and remedial actions taken or authorized by the141.36agency or the commissioner of agriculture or the pollution142.1control agency under section 115B.17, or chapter 18D, including142.2related enforcement and compliance efforts under section 115B.17142.3or 115B.18, or chapter 18D, and payment of the state share of142.4the cost of remedial action which may be carried out under a142.5cooperative agreement with the federal government pursuant to142.6the federal Superfund Act, under United States Code, title 42,142.7section 9604(c)(3) for actions related to commercial hazardous142.8waste facilities located under the siting authority of chapter142.9115A;142.10(5)assessment and recovery of natural resource damages by 142.11 the agency and the commissioners of natural resources and 142.12 administration, and planning and implementation by the 142.13 commissioner of natural resources of the rehabilitation, 142.14 restoration, or acquisition of natural resources to remedy 142.15 injuries or losses to natural resources resulting from the 142.16 release of a hazardous substance; before implementing a project 142.17 to rehabilitate, restore, or acquire natural resources under 142.18 this clause, the commissioner of natural resources shall provide 142.19 written notice of the proposed project to the chairs of the 142.20 senate and house of representatives committees with jurisdiction 142.21 over environment and natural resources finance; 142.22(6) inspection, monitoring, and compliance efforts by the142.23agency, or by political subdivisions with agency approval, of142.24commercial hazardous waste facilities located under the siting142.25authority of chapter 115A;142.26(7) grants by the agency or the office of environmental142.27assistance to demonstrate alternatives to land disposal of142.28hazardous waste including reduction, separation, pretreatment,142.29processing and resource recovery, for education of persons142.30involved in regulating and handling hazardous waste;142.31(8) grants by the agency to study the extent of142.32contamination and feasibility of cleanup of hazardous substances142.33and pollutants or contaminants in major waterways of the state;142.34(9)(5) acquisition of a property interest under section 142.35 115B.17, subdivision 15; 142.36(10)(6) reimbursement, in an amount to be determined by 143.1 the agency in each case, to a political subdivision that is not 143.2 a responsible person under section 115B.03, for reasonable and 143.3 necessary expenditures resulting from an emergency caused by a 143.4 release or threatened release of a hazardous substance, 143.5 pollutant, or contaminant; and 143.6(11)(7) reimbursement to a political subdivision for 143.7 expenditures in excess of the liability limit under section 143.8 115B.04, subdivision 4. 143.9 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 143.10 of agriculture or the pollution control agency or the agency may 143.11 not spend any money under subdivision 2, clause (2)or (4), for 143.12 removal or remedial actions to the extent that the costs of 143.13 those actions may be compensated from any fund established under 143.14 the Federal Superfund Act, United States Code, title 42, section 143.15 9600 et seq. The commissioner of agriculture or the pollution 143.16 control agency or the agency shall determine the extent to which 143.17 any of the costs of those actions may be compensated under the 143.18 federal act based on the likelihood that the compensation will 143.19 be available in a timely fashion. In making this determination 143.20 the commissioner of agriculture or the pollution control agency 143.21 or the agency shall take into account: 143.22 (1) the urgency of the removal or remedial actions and the 143.23 priority assigned under the Federal Superfund Act to the release 143.24 which necessitates those actions; 143.25 (2) the availability of money in the funds established 143.26 under the Federal Superfund Act; and 143.27 (3) the consistency of any compensation for the cost of the 143.28 proposed actions under the Federal Superfund Act with the 143.29 national contingency plan, if such a plan has been adopted under 143.30 that act. 143.31Subd. 4. [REVENUE SOURCES.] Revenue from the following143.32sources shall be deposited in the account:143.33(1) the proceeds of the taxes imposed pursuant to section143.34115B.22, including interest and penalties;143.35(2) all money recovered by the state under sections 115B.01143.36to 115B.18 or under any other statute or rule related to the144.1regulation of hazardous waste or hazardous substances, including144.2civil penalties and money paid under any agreement, stipulation144.3or settlement but excluding fees imposed under section 116.12;144.4(3) all interest attributable to investment of money144.5deposited in the account; and144.6(4) all money received in the form of gifts, grants,144.7reimbursement or appropriation from any source for any of the144.8purposes provided in subdivision 2, except federal grants.144.9Subd. 5. [RECOMMENDATION.] The commissioner of agriculture144.10shall make recommendations to the standing legislative144.11committees on finance and appropriations regarding144.12appropriations from the account.144.13 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 144.14 commissioner of agriculture and the agency shall submit to the 144.15 senate finance committee, the house ways and means committee, 144.16 the environment and natural resources committees of the senate 144.17 and house of representatives, the finance division of the senate 144.18 committee on environment and natural resources, and the house of 144.19 representatives committee on environment and natural resources 144.20 finance, and the environmental quality board a report detailing 144.21 the activities for which moneyfrom the accounthas been spent 144.22 pursuant to this section during the previous fiscal year. 144.23 Sec. 13. Minnesota Statutes 2002, section 115B.22, 144.24 subdivision 7, is amended to read: 144.25 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to 144.26 the department of revenue for costs incurred in administering 144.27 sections 115B.22 and 115B.24, the proceeds of the taxes imposed 144.28 under this section including any interest and penalties shall be 144.29 deposited in the environmentalresponse, compensation, and144.30compliance accountfund. 144.31 Sec. 14. Minnesota Statutes 2002, section 115B.25, 144.32 subdivision 1a, is amended to read: 144.33 Subd. 1a. [ACCOUNTFUND.] Except when another fund or 144.34 account is specified, "accountfund" means theenvironmental144.35response, compensation, and compliance accountremediation fund 144.36 established in section115B.20116.155. 145.1 Sec. 15. Minnesota Statutes 2002, section 115B.25, 145.2 subdivision 4, is amended to read: 145.3 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a 145.4 person who is eligible to file a claim with theaccountfund 145.5 under section 115B.29. 145.6 Sec. 16. Minnesota Statutes 2002, section 115B.26, is 145.7 amended to read: 145.8 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND145.9COMPLIANCE ACCOUNTPAYMENT OF CLAIMS.] 145.10 Subd. 2. [APPROPRIATION.] The amount necessary to pay 145.11 claims of compensation granted by the agency under sections 145.12 115B.25 to 115B.37ismust be directly appropriated to the 145.13 agency from theaccountfund by the legislature. 145.14Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If145.15the amount of the claims granted exceeds the amount in the145.16account, the agency shall request a transfer from the general145.17contingent account to the environmental response, compensation,145.18and compliance account as provided in section 3.30. If no145.19transfer is approved, the agency shall pay the claims which have145.20been granted in the order granted only to the extent of the145.21money remaining in the account. The agency shall pay the145.22remaining claims which have been granted after additional money145.23is credited to the account.145.24 Subd. 4. [ACCOUNTTRANSFER REQUEST.] At the end of each 145.25 fiscal year, the agency shall submit a request to the petroleum 145.26 tank release compensation board for transfer to theaccountfund 145.27 from the petroleum tank release cleanup fund under section 145.28 115C.08, subdivision 5, of an amount equal to the compensation 145.29 granted by the agency for claims related to petroleum releases 145.30 plus administrative costs related to determination of those 145.31 claims. 145.32 Sec. 17. Minnesota Statutes 2002, section 115B.30, is 145.33 amended to read: 145.34 115B.30 [ELIGIBLE INJURY AND DAMAGE.] 145.35 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal 145.36 injury which could reasonably have resulted from exposure to a 146.1 harmful substance released from a facility where it was placed 146.2 or came to be located is eligible for compensation from 146.3 theaccountfund if: 146.4 (1) it is a medically verified chronic or progressive 146.5 disease, illness, or disability such as cancer, organic nervous 146.6 system disorders, or physical deformities, including 146.7 malfunctions in reproduction, in humans or their offspring, or 146.8 death; or 146.9 (2) it is a medically verified acute disease or condition 146.10 that typically manifests itself rapidly after a single exposure 146.11 or limited exposures and the persons responsible for the release 146.12 of the harmful substance are unknown or cannot with reasonable 146.13 diligence be determined or located or a judgment would not be 146.14 satisfied in whole or in part against the persons determined to 146.15 be responsible for the release of the harmful substance. 146.16 (b) A personal injury is not compensable from the account 146.17 if: 146.18 (1) the injury is compensable under the workers' 146.19 compensation law, chapter 176; 146.20 (2) the injury arises out of the claimant's use of a 146.21 consumer product; 146.22 (3) the injury arises out of an exposure that occurred or 146.23 is occurring outside the geographical boundaries of the state; 146.24 (4) the injury results from the release of a harmful 146.25 substance for which the claimant is a responsible person; or 146.26 (5) the injury is an acute disease or condition other than 146.27 one described in paragraph (a). 146.28 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real 146.29 property in Minnesota owned by the claimant is eligible for 146.30 compensation from theaccountfund if the damage results from 146.31 the presence in or on the property of a harmful substance 146.32 released from a facility where it was placed or came to be 146.33 located. Damage to property is not eligible for compensation 146.34 from theaccountfund if it results from the release of a 146.35 harmful substance for which the claimant is a responsible person. 146.36 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 147.1 eligible for compensation from theaccountfund unless it is 147.2 filed with the agency within the time provided in this 147.3 subdivision. 147.4 (b) A claim for compensation for personal injury must be 147.5 filed within two years after the injury and its connection to 147.6 exposure to a harmful substance was or reasonably should have 147.7 been discovered. 147.8 (c) A claim for compensation for property damage must be 147.9 filed within two years after the full amount of compensable 147.10 losses can be determined. 147.11 (d) Notwithstanding the provisions of this subdivision, 147.12 claims for compensation that would otherwise be barred by any 147.13 statute of limitations provided in sections 115B.25 to 115B.37 147.14 may be filed not later than January 1, 1992. 147.15 Sec. 18. Minnesota Statutes 2002, section 115B.31, 147.16 subdivision 1, is amended to read: 147.17 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 147.18 CERTAIN CASES.] (a) A person who has settled a claim for an 147.19 eligible injury or eligible property damage with a responsible 147.20 person, either before or after bringing an action in court for 147.21 that injury or damage, may not file a claim with the account for 147.22 the same injury or damage. A person who has received a 147.23 favorable judgment in a court action for an eligible injury or 147.24 eligible property damage may not file a claim with theaccount147.25 fund for the same injury or damage, unless the judgment cannot 147.26 be satisfied in whole or in part against the persons responsible 147.27 for the release of the harmful substance. A person who has 147.28 filed a claim with the agency or its predecessor, the harmful 147.29 substance compensation board, may not file another claim with 147.30 the agency for the same eligible injury or damage, unless the 147.31 claim was inactivated by the agency or board as provided in 147.32 section 115B.32, subdivision 1. 147.33 (b) A person who has filed a claim with the agency or board 147.34 for an eligible injury or damage, and who has received and 147.35 accepted an award from the agency or board, is precluded from 147.36 bringing an action in court for the same eligible injury or 148.1 damage. 148.2 (c) A person who files a claim with the agency for personal 148.3 injury or property damage must include all known claims eligible 148.4 for compensation in one proceeding before the agency. 148.5 Sec. 19. Minnesota Statutes 2002, section 115B.31, 148.6 subdivision 3, is amended to read: 148.7 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated 148.8 to all the claimant's rights under statutory or common law to 148.9 recover losses compensated from theaccountfund from other 148.10 sources, including responsible persons as defined in section 148.11 115B.03. The state may bring a subrogation action in its own 148.12 name or in the name of the claimant. The state may not bring a 148.13 subrogation action against a person who was a party in a court 148.14 action by the claimant for the same eligible injury or damage, 148.15 unless the claimant dismissed the action prior to trial. Money 148.16 recovered by the state under this subdivision must be deposited 148.17 in theaccountfund. Nothing in sections 115B.25 to 115B.37 148.18 shall be construed to create a standard of recovery in a 148.19 subrogation action. 148.20 Sec. 20. Minnesota Statutes 2002, section 115B.31, 148.21 subdivision 4, is amended to read: 148.22 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 148.23 A claimant may not commence a court action to recover for any 148.24 injury or damage for which the claimant seeks compensation from 148.25 theaccountfund during the time that a claim is pending before 148.26 the agency. A person may not file a claim with the agency for 148.27 compensation for any injury or damage for which the claimant 148.28 seeks to recover in a pending court action. The time for filing 148.29 a claim under section 115B.30 or the statute of limitations for 148.30 any civil action is suspended during the period of time that a 148.31 claimant is precluded from filing a claim or commencing an 148.32 action under this subdivision. 148.33 Sec. 21. Minnesota Statutes 2002, section 115B.32, 148.34 subdivision 1, is amended to read: 148.35 Subdivision 1. [FORM.] A claim for compensation from 148.36 theaccountfund must be filed with the agency in the form 149.1 required by the agency. When a claim does not include all the 149.2 information required by subdivision 2 and applicable agency 149.3 rules, the agency staff shall notify the claimant of the absence 149.4 of the required information within 14 days of the filing of the 149.5 claim. All required information must be received by the agency 149.6 not later than 60 days after the claimant received notice of its 149.7 absence or the claim will be inactivated and may not be 149.8 resubmitted for at least one year following the date of 149.9 inactivation. The agency may decide not to inactivate a claim 149.10 under this subdivision if it finds serious extenuating 149.11 circumstances. 149.12 Sec. 22. Minnesota Statutes 2002, section 115B.33, 149.13 subdivision 1, is amended to read: 149.14 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency 149.15 shall grant compensation to a claimant who shows that it is more 149.16 likely than not that: 149.17 (1) the claimant suffers a medically verified injury that 149.18 is eligible for compensation from theaccountfund and that has 149.19 resulted in a compensable loss; 149.20 (2) the claimant has been exposed to a harmful substance; 149.21 (3) the release of the harmful substance from a facility 149.22 where the substance was placed or came to be located could 149.23 reasonably have resulted in the claimant's exposure to the 149.24 substance in the amount and duration experienced by the 149.25 claimant; and 149.26 (4) the injury suffered by the claimant can be caused or 149.27 significantly contributed to by exposure to the harmful 149.28 substance in an amount and duration experienced by the claimant. 149.29 Sec. 23. Minnesota Statutes 2002, section 115B.34, is 149.30 amended to read: 149.31 115B.34 [COMPENSABLE LOSSES.] 149.32 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 149.33 compensable by theaccountfund for personal injury are limited 149.34 to: 149.35 (1) medical expenses directly related to the claimant's 149.36 injury; 150.1 (2) up to two-thirds of the claimant's lost wages not to 150.2 exceed $2,000 per month or $24,000 per year; 150.3 (3) up to two-thirds of a self-employed claimant's lost 150.4 income, not to exceed $2,000 per month or $24,000 per year; 150.5 (4) death benefits to dependents which the agency shall 150.6 define by rule subject to the following conditions: 150.7 (i) the rule adopted by the agency must establish a 150.8 schedule of benefits similar to that established by section 150.9 176.111 and must not provide for the payment of benefits to 150.10 dependents other than those dependents defined in section 150.11 176.111; 150.12 (ii) the total benefits paid to all dependents of a 150.13 claimant must not exceed $2,000 per month; 150.14 (iii) benefits paid to a spouse and all dependents other 150.15 than children must not continue for a period longer than ten 150.16 years; 150.17 (iv) payment of benefits is subject to the limitations of 150.18 section 115B.36; and 150.19 (5) the value of household labor lost due to the claimant's 150.20 injury or disease, which must be determined in accordance with a 150.21 schedule established by the board by rule, not to exceed $2,000 150.22 per month or $24,000 per year. 150.23 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 150.24 by theaccountfund for property damage are limited to the 150.25 following losses caused by damage to the principal residence of 150.26 the claimant: 150.27 (1) the reasonable cost of replacing or decontaminating the 150.28 primary source of drinking water for the property not to exceed 150.29 the amount actually expended by the claimant or assessed by a 150.30 local taxing authority, if the department of health has 150.31 confirmed that the remedy provides safe drinking water and 150.32 advised that the water not be used for drinking or determined 150.33 that the replacement or decontamination of the source of 150.34 drinking water was necessary, up to a maximum of $25,000; 150.35 (2) losses incurred as a result of a bona fide sale of the 150.36 property at less than the appraised market value under 151.1 circumstances that constitute a hardship to the owner, limited 151.2 to 75 percent of the difference between the appraised market 151.3 value and the selling price, but not to exceed $25,000; and 151.4 (3) losses incurred as a result of the inability of an 151.5 owner in hardship circumstances to sell the property due to the 151.6 presence of harmful substances, limited to the increase in costs 151.7 associated with the need to maintain two residences, but not to 151.8 exceed $25,000. 151.9 (b) In computation of the loss under paragraph (a), clause 151.10 (3), the agency shall offset the loss by the amount of any 151.11 income received by the claimant from the rental of the property. 151.12 (c) For purposes of paragraph (a), the following 151.13 definitions apply: 151.14 (1) "appraised market value" means an appraisal of the 151.15 market value of the property disregarding any decrease in value 151.16 caused by the presence of a harmful substance in or on the 151.17 property; and 151.18 (2) "hardship" means an urgent need to sell the property 151.19 based on a special circumstance of the owner including 151.20 catastrophic medical expenses, inability of the owner to 151.21 physically maintain the property due to a physical or mental 151.22 condition, and change of employment of the owner or other member 151.23 of the owner's household requiring the owner to move to a 151.24 different location. 151.25 (d) Appraisals are subject to agency approval. The agency 151.26 may adopt rules governing approval of appraisals, criteria for 151.27 establishing a hardship, and other matters necessary to 151.28 administer this subdivision. 151.29 Sec. 24. Minnesota Statutes 2002, section 115B.36, is 151.30 amended to read: 151.31 115B.36 [AMOUNT AND FORM OF PAYMENT.] 151.32 If the agency decides to grant compensation, it shall 151.33 determine the net uncompensated loss payable to the claimant by 151.34 computing the total amount of compensable losses payable to the 151.35 claimant and subtracting the total amount of any compensation 151.36 received by the claimant for the same injury or damage from 152.1 other sources including, but not limited to, all forms of 152.2 insurance and social security and any emergency award made by 152.3 the agency. The agency shall pay compensation in the amount of 152.4 the net uncompensated loss, provided that no claimant may 152.5 receive more than $250,000. In the case of a death, the total 152.6 amount paid to all persons on behalf of the claimant may not 152.7 exceed $250,000. 152.8 Compensation from theaccountfund may be awarded in a lump 152.9 sum or in installments at the discretion of the agency. 152.10 Sec. 25. Minnesota Statutes 2002, section 115B.40, 152.11 subdivision 4, is amended to read: 152.12 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 152.13 DUTIES.] (a) The owner or operator of a qualified facility that 152.14 is not subject to a cleanup order shall: 152.15 (1) complete closure activities at the facility, or enter 152.16 into a binding agreement with the commissioner to do so, as 152.17 provided in paragraph (e), within one year from the date the 152.18 owner or operator is notified by the commissioner under 152.19 subdivision 3 of the closure activities that are necessary to 152.20 properly close the facility in compliance with facility's 152.21 permit, closure orders, or enforcement agreement with the 152.22 agency, and with the solid waste rules in effect at the time the 152.23 facility stopped accepting waste; 152.24 (2) undertake or continue postclosure care at the facility 152.25 until the date of notice of compliance under subdivision 7; 152.26 (3) in the case of qualified facilities defined in section 152.27 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 152.28 the commissioner of revenue for deposit in thesolid waste152.29 remediation fund established in section115B.42116.155 any 152.30 funds required for proof of financial responsibility under 152.31 section 116.07, subdivision 4h, that remain after facility 152.32 closure and any postclosure care and response action undertaken 152.33 by the owner or operator at the facility including, if proof of 152.34 financial responsibility is provided through a letter of credit 152.35 or other financial instrument or mechanism that does not 152.36 accumulate money in an account, the amount that would have 153.1 accumulated had the owner or operator utilized a trust fund, 153.2 less any amount used for closure, postclosure care, and response 153.3 action at the facility; and 153.4 (4) in the case of qualified facilities defined in section 153.5 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 153.6 the commissioner of revenue for deposit in thesolid waste153.7 remediation fund established in section115B.42116.155 an 153.8 amount of cash that is equal to the sum of their approved 153.9 current contingency action cost estimate and the present value 153.10 of their approved estimated remaining postclosure care costs 153.11 required for proof of financial responsibility under section 153.12 116.07, subdivision 4h. 153.13 (b) The owner or operator of a qualified facility that is 153.14 not subject to a cleanup order shall: 153.15 (1) in the case of qualified facilities defined in section 153.16 115B.39, subdivision 2, paragraph (l), clause (1), provide the 153.17 commissioner with a copy of all applicable comprehensive general 153.18 liability insurance policies and other liability policies 153.19 relating to property damage, certificates, or other evidence of 153.20 insurance coverage held during the life of the facility; and 153.21 (2) enter into a binding agreement with the commissioner to: 153.22 (i) in the case of qualified facilities defined in section 153.23 115B.39, subdivision 2, paragraph (l), clause (1), take any 153.24 actions necessary to preserve the owner or operator's rights to 153.25 payment or defense under insurance policies included in clause 153.26 (1); cooperate with the commissioner in asserting claims under 153.27 the policies; and, within 60 days of a request by the 153.28 commissioner, but no earlier than July 1, 1996, assign only 153.29 those rights under the policies related to environmental 153.30 response costs; 153.31 (ii) cooperate with the commissioner or other persons 153.32 acting at the direction of the commissioner in taking additional 153.33 environmental response actions necessary to address releases or 153.34 threatened releases and to avoid any action that interferes with 153.35 environmental response actions, including allowing entry to the 153.36 property and to the facility's records and allowing entry and 154.1 installation of equipment; and 154.2 (iii) refrain from developing or altering the use of 154.3 property described in any permit for the facility except after 154.4 consultation with the commissioner and in conformance with any 154.5 conditions established by the commissioner for that property, 154.6 including use restrictions, to protect public health and welfare 154.7 and the environment. 154.8 (c) The owner or operator of a qualified facility defined 154.9 in section 115B.39, subdivision 2, paragraph (l), clause (1), 154.10 that is a political subdivision may use a portion of any funds 154.11 established for response at the facility, which are available 154.12 directly or through a financial instrument or other financial 154.13 arrangement, for closure or postclosure care at the facility if 154.14 funds available for closure or postclosure care are inadequate 154.15 and shall assign the rights to any remainder to the commissioner. 154.16 (d) The agreement required in paragraph (b), clause (2), 154.17 must be in writing and must apply to and be binding upon the 154.18 successors and assigns of the owner. The owner shall record the 154.19 agreement, or a memorandum approved by the commissioner that 154.20 summarizes the agreement, with the county recorder or registrar 154.21 of titles of the county where the property is located. 154.22 (e) A binding agreement entered into under paragraph (a), 154.23 clause (1), may include a provision that the owner or operator 154.24 will reimburse the commissioner for the costs of closing the 154.25 facility to the standard required in that clause. 154.26 Sec. 26. Minnesota Statutes 2002, section 115B.41, 154.27 subdivision 1, is amended to read: 154.28 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A 154.29 person who is subject to the requirements in section 115B.40, 154.30 subdivision 4 or 5, paragraph (b), is responsible for all 154.31 environmental response costs incurred by the commissioner at or 154.32 related to the facility until the date of notice of compliance 154.33 under section 115B.40, subdivision 7. The commissioner may use 154.34 any funds available for closure, postclosure care, and response 154.35 action established by the owner or operator. If those funds are 154.36 insufficient or if the owner or operator fails to assign rights 155.1 to them to the commissioner, the commissioner may seek recovery 155.2 of environmental response costs against the owner or operator in 155.3 the county of Ramsey or in the county where the facility is 155.4 located or where the owner or operator resides. 155.5 (b) In an action brought under this subdivision in which 155.6 the commissioner prevails, the court shall award the 155.7 commissioner reasonable attorney fees and other litigation 155.8 expenses incurred by the commissioner to bring the action. All 155.9 costs, fees, and expenses recovered under this subdivision must 155.10 be deposited in thesolid wasteremediation fund established in 155.11 section115B.42116.155. 155.12 Sec. 27. Minnesota Statutes 2002, section 115B.41, 155.13 subdivision 2, is amended to read: 155.14 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 155.15 environmental response costs, including administrative and legal 155.16 expenses, incurred by the commissioner at a qualified facility 155.17 before the date of notice of compliance under section 115B.40, 155.18 subdivision 7, constitute a lien in favor of the state upon any 155.19 real property located in the state, other than homestead 155.20 property, owned by the owner or operator who is subject to the 155.21 requirements of section 115B.40, subdivision 4 or 5. A lien 155.22 under this subdivision attaches when the environmental response 155.23 costs are first incurred and continues until the lien is 155.24 satisfied or becomes unenforceable as for an environmental lien 155.25 under section 514.672. Notice, filing, and release of the lien 155.26 are governed by sections 514.671 to 514.676, except where those 155.27 requirements specifically are related to only cleanup action 155.28 expenses as defined in section 514.671. Relative priority of a 155.29 lien under this subdivision is governed by section 514.672, 155.30 except that a lien attached to property that was included in any 155.31 permit for the solid waste disposal facility takes precedence 155.32 over all other liens regardless of when the other liens were or 155.33 are perfected. Amounts received to satisfy all or a part of a 155.34 lien must be deposited in thesolid wasteremediation fund. 155.35 Sec. 28. Minnesota Statutes 2002, section 115B.41, 155.36 subdivision 3, is amended to read: 156.1 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 156.2 operator fails to comply with section 115B.40, subdivision 4, or 156.3 5, paragraph (b), fails to remit payment of environmental 156.4 response costs incurred by the commissioner before the date of 156.5 notice of compliance under section 115B.40, subdivision 7, and 156.6 is a local government unit, the commissioner may seek payment of 156.7 the costs from any state aid payments, except payments made 156.8 under section 115A.557, subdivision 1, otherwise due the local 156.9 government unit. The commissioner of revenue, after being 156.10 notified by the commissioner that the local government unit has 156.11 failed to pay the costs and the amount due, shall pay an annual 156.12 proportionate amount of the state aid payment otherwise payable 156.13 to the local government unit into thesolid wasteremediation 156.14 fund that will, over a period of no more than five years, 156.15 satisfy the liability of the local government unit for the costs. 156.16 Sec. 29. Minnesota Statutes 2002, section 115B.42, 156.17 subdivision 2, is amended to read: 156.18 Subd. 2. [EXPENDITURES.]Money in the fund may be spent by156.19 The commissioner may spend money from the remediation fund under 156.20 section 116.155, subdivision 2, paragraph (a), clause (2), to: 156.21 (1) inspect permitted mixed municipal solid waste disposal 156.22 facilities to: 156.23 (i) evaluate the adequacy of final cover, slopes, 156.24 vegetation, and erosion control; 156.25 (ii) determine the presence and concentration of hazardous 156.26 substances, pollutants or contaminants, and decomposition gases; 156.27 and 156.28 (iii) determine the boundaries of fill areas; 156.29 (2) monitor and take, or reimburse others for, 156.30 environmental response actions, including emergency response 156.31 actions, at qualified facilities; 156.32 (3) acquire and dispose of property under section 115B.412, 156.33 subdivision 3; 156.34 (4) recover costs under section 115B.39; 156.35 (5) administer, including providing staff and 156.36 administrative support for, sections 115B.39 to 115B.445; 157.1 (6) enforce sections 115B.39 to 115B.445; 157.2 (7)subject to appropriation, administer the agency's157.3groundwater and solid waste management programs;157.4(8)pay for private water supply well monitoring and health 157.5 assessment costs of the commissioner of health in areas affected 157.6 by unpermitted mixed municipal solid waste disposal facilities; 157.7(9)(8) reimburse persons under section 115B.43; 157.8(10)(9) reimburse mediation expenses up to a total of 157.9 $250,000 annually or defense costs up to a total of $250,000 157.10 annually for third-party claims for response costs under state 157.11 or federal law as provided in section 115B.414; and 157.12(11)(10) perform environmental assessments, up to 157.13 $1,000,000, at unpermitted mixed municipal solid waste disposal 157.14 facilities. 157.15 Sec. 30. Minnesota Statutes 2002, section 115B.421, is 157.16 amended to read: 157.17 115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 157.18 The closed landfill investment fund is established in the 157.19 state treasury. The fund consists of money credited to the 157.20 fund, and interest and other earnings on money in the fund. The 157.21 commissioner of finance shall transfer an initial amount of 157.22 $5,100,000 from the balance in the solid waste fund beginning in 157.23 fiscal year 2000 and shall continue to transfer $5,100,000 for 157.24 each following fiscal year, ceasing after 2003. Beginning July 157.25 1, 2003, funds must be deposited as described in section 157.26 115B.445. The fund shall be managed to maximize long-term gain 157.27 through the state board of investment. Money in the fund may be 157.28 spent by the commissioner after fiscal year 2020 in accordance 157.29 withsection 115B.42, subdivision 2, clauses (1) to (6)sections 157.30 115B.39 to 115B.444. 157.31 Sec. 31. Minnesota Statutes 2002, section 115B.445, is 157.32 amended to read: 157.33 115B.445 [DEPOSIT OF PROCEEDS.] 157.34 All amounts paid to the state by an insurer pursuant to any 157.35 settlement under section 115B.443 or judgment under section 157.36 115B.444 must be deposited in the state treasury and 158.1 credited equally to thesolid wasteremediation fund and the 158.2 closed landfill investment fund. 158.3 [EFFECTIVE DATE.] This section is effective for all 158.4 proceeds paid after June 30, 2001. 158.5 Sec. 32. Minnesota Statutes 2002, section 115B.48, 158.6 subdivision 2, is amended to read: 158.7 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 158.8 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 158.9 response and reimbursement account" or "account" means the dry 158.10 cleaner environmental response and reimbursement account in the 158.11 remediation fund established insectionsections 115B.49 and 158.12 116.155. 158.13 Sec. 33. Minnesota Statutes 2002, section 115B.49, 158.14 subdivision 1, is amended to read: 158.15 Subdivision 1. [ESTABLISHMENT.] The dry cleaner 158.16 environmental response and reimbursement account is established 158.17 as an account in thestate treasuryremediation fund. 158.18 Sec. 34. Minnesota Statutes 2002, section 115B.49, 158.19 subdivision 3, is amended to read: 158.20 Subd. 3. [EXPENDITURES.] (a) Money in the account mayonly158.21 be used: 158.22 (1) for environmental response costs incurred by the 158.23 commissioner under section 115B.50, subdivision 1; 158.24 (2) for reimbursement of amounts spent by the commissioner 158.25 from theenvironmental response, compensation, and compliance158.26accountremediation fund for expenses described in clause (1); 158.27 (3) for reimbursements under section 115B.50, subdivision 158.28 2; and 158.29 (4) for administrative costs of the commissioner of revenue. 158.30 (b) Money in the account is appropriated to the 158.31 commissioner for the purposes of this subdivision. The 158.32 commissioner shall transfer funds to the commissioner of revenue 158.33 sufficient to cover administrative costs pursuant to paragraph 158.34 (a), clause (4). 158.35 Sec. 35. Minnesota Statutes 2002, section 115D.12, 158.36 subdivision 2, is amended to read: 159.1 Subd. 2. [FEES.] (a) Persons required by United States 159.2 Code, title 42, section 11023, to submit a toxic chemical 159.3 release form to the commission, and owners or operators of 159.4 facilities listed in section 299K.08, subdivision 3, shall pay a 159.5 pollution prevention fee of $150 for each toxic pollutant 159.6 reported released plus a fee based on the total pounds of toxic 159.7 pollutants reported as released from each facility. Facilities 159.8 reporting less than 25,000 pounds annually of toxic pollutants 159.9 released per facility shall be assessed a fee of $500. 159.10 Facilities reporting annual releases of toxic pollutants in 159.11 excess of 25,000 pounds shall be assessed a graduated fee at the 159.12 rate of two cents per pound of toxic pollutants reported. 159.13 (b) Persons who generate more than 1,000 kilograms of 159.14 hazardous waste per month but who are not subject to the fee 159.15 under paragraph (a) must pay a pollution prevention fee of $500 159.16 per facility. Hazardous waste as used in this paragraph has the 159.17 meaning given it in section 116.06, subdivision 11, and 159.18 Minnesota Rules, chapter 7045. 159.19 (c) Fees required under this subdivision must be paid to 159.20 the director by January 1 of each year. The fees shall be 159.21 deposited in the state treasury and credited to the 159.22 environmental fund. 159.23 (d) The fees under this subdivision are exempt from section 159.24 16A.1285. 159.25 Sec. 36. Minnesota Statutes 2002, section 116.03, 159.26 subdivision 2, is amended to read: 159.27 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 159.28 organize the agency and employ such assistants and other 159.29 officers, employees and agents as the commissioner may deem 159.30 necessary to discharge the functions of the commissioner's 159.31 office, define the duties of such officers, employees and 159.32 agents, and delegate to them any of the commissioner's powers, 159.33 duties, and responsibilities, subject to the commissioner's 159.34 control and under such conditions as the commissioner may 159.35 prescribe. The commissioner may also contract with, and enter 159.36 into grant agreements with, persons, firms, corporations, the 160.1 federal government and any agency or instrumentality thereof, 160.2 the water research center of the University of Minnesota or any 160.3 other instrumentality of such university, for doing any of the 160.4 work of the commissioner's office, and. None of the provisions 160.5 of chapter 16C, relating to bids, shall apply to such contracts. 160.6 Sec. 37. Minnesota Statutes 2002, section 116.07, 160.7 subdivision 4d, is amended to read: 160.8 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 160.9 fees in amounts not greater than those necessary to cover the 160.10 reasonable costs of developing, reviewing, and acting upon 160.11 applications for agency permits and implementing and enforcing 160.12 the conditions of the permits pursuant to agency rules. Permit 160.13 fees shall not include the costs of litigation. The fee 160.14 schedule must reflect reasonable and routine direct and indirect 160.15 costs associated with permitting, implementation, and 160.16 enforcementcosts. The agency may impose an additional 160.17 enforcement fee to be collected for a period of up to two years 160.18 to cover the reasonable costs of implementing and enforcing the 160.19 conditions of a permit under the rules of the agency. Any money 160.20 collected under this paragraph shall be deposited in the 160.21 environmental fund. 160.22 (b) Notwithstanding paragraph (a),and section 16A.1285,160.23subdivision 2,the agency shall collect an annual fee from the 160.24 owner or operator of all stationary sources, emission 160.25 facilities, emissions units, air contaminant treatment 160.26 facilities, treatment facilities, potential air contaminant 160.27 storage facilities, or storage facilities subject to the 160.28 requirement to obtain a permit under subchapter V of the federal 160.29 Clean Air Act, United States Code, title 42, section 7401 et 160.30 seq., or section 116.081. The annual fee shall be used to pay 160.31 for all direct and indirect reasonable costs, including attorney 160.32 general costs, required to develop and administer the permit 160.33 program requirements of subchapter V of the federal Clean Air 160.34 Act, United States Code, title 42, section 7401 et seq., and 160.35 sections of this chapter and the rules adopted under this 160.36 chapter related to air contamination and noise. Those costs 161.1 include the reasonable costs of reviewing and acting upon an 161.2 application for a permit; implementing and enforcing statutes, 161.3 rules, and the terms and conditions of a permit; emissions, 161.4 ambient, and deposition monitoring; preparing generally 161.5 applicable regulations; responding to federal guidance; 161.6 modeling, analyses, and demonstrations; preparing inventories 161.7 and tracking emissions; and providing information to the public 161.8 about these activities. 161.9 (c) The agency shall set fees that: 161.10 (1) will result in the collection, in the aggregate, from 161.11 the sources listed in paragraph (b), of an amount not less than 161.12 $25 per ton of each volatile organic compound; pollutant 161.13 regulated under United States Code, title 42, section 7411 or 161.14 7412 (section 111 or 112 of the federal Clean Air Act); and each 161.15 pollutant, except carbon monoxide, for which a national primary 161.16 ambient air quality standard has been promulgated; 161.17 (2) may result in the collection, in the aggregate, from 161.18 the sources listed in paragraph (b), of an amount not less than 161.19 $25 per ton of each pollutant not listed in clause (1) that is 161.20 regulated under this chapter or air quality rules adopted under 161.21 this chapter; and 161.22 (3) shall collect, in the aggregate, from the sources 161.23 listed in paragraph (b), the amount needed to match grant funds 161.24 received by the state under United States Code, title 42, 161.25 section 7405 (section 105 of the federal Clean Air Act). 161.26 The agency must not include in the calculation of the aggregate 161.27 amount to be collected under clauses (1) and (2) any amount in 161.28 excess of 4,000 tons per year of each air pollutant from a 161.29 source. The increase in air permit fees to match federal grant 161.30 funds shall be a surcharge on existing fees. The commissioner 161.31 may not collect the surcharge after the grant funds become 161.32 unavailable. In addition, the commissioner shall use nonfee 161.33 funds to the extent practical to match the grant funds so that 161.34 the fee surcharge is minimized. 161.35 (d) To cover the reasonable costs described in paragraph 161.36 (b), the agency shall provide in the rules promulgated under 162.1 paragraph (c) for an increase in the fee collected in each year 162.2 by the percentage, if any, by which the Consumer Price Index for 162.3 the most recent calendar year ending before the beginning of the 162.4 year the fee is collected exceeds the Consumer Price Index for 162.5 the calendar year 1989. For purposes of this paragraph the 162.6 Consumer Price Index for any calendar year is the average of the 162.7 Consumer Price Index for all-urban consumers published by the 162.8 United States Department of Labor, as of the close of the 162.9 12-month period ending on August 31 of each calendar year. The 162.10 revision of the Consumer Price Index that is most consistent 162.11 with the Consumer Price Index for calendar year 1989 shall be 162.12 used. 162.13 (e) Any money collected under paragraphs (b) to (d) must be 162.14 deposited inan air quality account inthe environmental fund 162.15 and must be used solely for the activities listed in paragraph 162.16 (b). 162.17 (f) Persons who wish to construct or expand a facility may 162.18 offer to reimburse the agency for the costs of staff overtime or 162.19 consultant services needed to expedite permit review. The 162.20 reimbursement shall be in addition to fees imposed by lawor162.21rule. When the agency determines that it needs additional 162.22 resources to review the permit application in an expedited 162.23 manner, and that expediting the review would not disrupt 162.24 permitting program priorities, the agency may accept the 162.25 reimbursement. Reimbursements accepted by the agency are 162.26 appropriated to the agency for the purpose of reviewing the 162.27 permit application. Reimbursement by a permit applicant shall 162.28 precede and not be contingent upon issuance of a permit and 162.29 shall not affect the agency's decision on whether to issue or 162.30 deny a permit, what conditions are included in a permit, or the 162.31 application of state and federal statutes and rules governing 162.32 permit determinations. 162.33 (g) The fees under this subdivision are exempt from section 162.34 16A.1285. 162.35 Sec. 38. Minnesota Statutes 2002, section 116.07, 162.36 subdivision 4h, is amended to read: 163.1 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 163.2 shall adopt rules requiring the operator or owner of a solid 163.3 waste disposal facility to submit to the agency proof of the 163.4 operator's or owner's financial capability to provide reasonable 163.5 and necessary response during the operating life of the facility 163.6 and for 30 years after closure for a mixed municipal solid waste 163.7 disposal facility or for a minimum of 20 years after closure, as 163.8 determined by agency rules, for any other solid waste disposal 163.9 facility, and to provide for the closure of the facility and 163.10 postclosure care required under agency rules. Proof of 163.11 financial responsibility is required of the operator or owner of 163.12 a facility receiving an original permit or a permit for 163.13 expansion after adoption of the rules. Within 180 days of the 163.14 effective date of the rules or by July 1, 1987, whichever is 163.15 later, proof of financial responsibility is required of an 163.16 operator or owner of a facility with a remaining capacity of 163.17 more than five years or 500,000 cubic yards that is in operation 163.18 at the time the rules are adopted. Compliance with the rules 163.19 and the requirements of paragraph (b) is a condition of 163.20 obtaining or retaining a permit to operate the facility. 163.21 (b) A municipality, as defined in section 475.51, 163.22 subdivision 2, including a sanitary district, that owns or 163.23 operates a solid waste disposal facility that was in operation 163.24 on May 15, 1989, may meet its financial responsibility for all 163.25 or a portion of the contingency action portion of the reasonable 163.26 and necessary response costs at the facility by pledging its 163.27 full faith and credit to meet its responsibility. 163.28 The pledge must be made in accordance with the requirements 163.29 in chapter 475 for issuing bonds of the municipality, and the 163.30 following additional requirements: 163.31 (1) The governing body of the municipality shall enact an 163.32 ordinance that clearly accepts responsibility for the costs of 163.33 contingency action at the facility and that reserves, during the 163.34 operating life of the facility and for the time period required 163.35 in paragraph (a) after closure, a portion of the debt limit of 163.36 the municipality, as established under section 475.53 or other 164.1 law, that is equal to the total contingency action costs. 164.2 (2) The municipality shall require that all collectors that 164.3 haul to the facility implement a plan for reducing solid waste 164.4 by using volume-based pricing, recycling incentives, or other 164.5 means. 164.6 (3) When a municipality opts to meet a portion of its 164.7 financial responsibility by relying on its authority to issue 164.8 bonds, it shall also begin setting aside in a dedicated 164.9 long-term care trust fund money that will cover a portion of the 164.10 potential contingency action costs at the facility, the amount 164.11 to be determined by the agency for each facility based on at 164.12 least the amount of waste deposited in the disposal facility 164.13 each year, and the likelihood and potential timing of conditions 164.14 arising at the facility that will necessitate response action. 164.15 The agency may not require a municipality to set aside more than 164.16 five percent of the total cost in a single year. 164.17 (4) A municipality shall have and consistently maintain an 164.18 investment grade bond rating as a condition of using bonding 164.19 authority to meet financial responsibility under this section. 164.20 (5) The municipality shall file with the commissioner of 164.21 revenue its consent to have the amount of its contingency action 164.22 costs deducted from state aid payments otherwise due the 164.23 municipality and paid instead to theenvironmental response,164.24compensation, and compliance accountremediation fund created in 164.25 section115B.20116.155, if the municipality fails to conduct 164.26 the contingency action at the facility when ordered by the 164.27 agency. If the agency notifies the commissioner that the 164.28 municipality has failed to conduct contingency action when 164.29 ordered by the agency, the commissioner shall deduct the amounts 164.30 indicated by the agency from the state aids in accordance with 164.31 the consent filed with the commissioner. 164.32 (6) The municipality shall file with the agency written 164.33 proof that it has complied with the requirements of paragraph 164.34 (b). 164.35 (c) The method for proving financial responsibility under 164.36 paragraph (b) may not be applied to a new solid waste disposal 165.1 facility or to expansion of an existing facility, unless the 165.2 expansion is a vertical expansion. Vertical expansions of 165.3 qualifying existing facilities cannot be permitted for a 165.4 duration of longer than three years. 165.5 Sec. 39. [116.155] [REMEDIATION FUND.] 165.6 Subdivision 1. [CREATION.] The remediation fund is created 165.7 as a special revenue fund in the state treasury to provide a 165.8 reliable source of public money for response and corrective 165.9 actions to address releases of hazardous substances, pollutants 165.10 or contaminants, agricultural chemicals, and petroleum, and for 165.11 environmental response actions at qualified landfill facilities 165.12 for which the agency has assumed such responsibility, including 165.13 perpetual care of such facilities. The specific purposes for 165.14 which the general portion of the fund may be spent are provided 165.15 in subdivision 2. In addition to the general portion of the 165.16 fund, the fund contains two accounts described in subdivisions 4 165.17 and 5. 165.18 Subd. 2. [APPROPRIATION.] (a) Money in the general portion 165.19 of the remediation fund is appropriated to the agency and the 165.20 commissioners of agriculture and natural resources for the 165.21 following purposes: 165.22 (1) to take actions related to releases of hazardous 165.23 substances, or pollutants or contaminants as provided in section 165.24 115B.20; 165.25 (2) to take actions related to releases of hazardous 165.26 substances, or pollutants or contaminants, at and from qualified 165.27 landfill facilities as provided in section 115B.42, subdivision 165.28 2; 165.29 (3) to provide technical and other assistance under 165.30 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 165.31 115C.03, subdivision 9; 165.32 (4) for corrective actions to address incidents involving 165.33 agricultural chemicals, including related administrative, 165.34 enforcement, and cost recovery actions pursuant to chapter 18D; 165.35 and 165.36 (5) together with any amount approved for transfer to the 166.1 agency from the petroleum tank fund by the commissioner of 166.2 finance, to take actions related to releases of petroleum as 166.3 provided under section 115C.08. 166.4 (b) The commissioner of finance shall allocate the amounts 166.5 available in any biennium to the agency, and the commissioners 166.6 of agriculture and natural resources for the purposes provided 166.7 in this subdivision based upon work plans submitted by the 166.8 agency and the commissioners of agriculture and natural 166.9 resources, and may adjust those allocations upon submittal of 166.10 revised work plans. Copies of the work plans shall be submitted 166.11 to the chairs of the environment and environment finance 166.12 committees of the senate and house of representatives. 166.13 Subd. 3. [REVENUES.] The following revenues shall be 166.14 deposited in the general portion of the remediation fund: 166.15 (1) response costs and natural resource damages related to 166.16 releases of hazardous substances, or pollutants or contaminants, 166.17 recovered under sections 115B.17, subdivisions 6 and 7, 166.18 115B.443, 115B.444, or any other law; 166.19 (2) money paid to the agency or the agriculture department 166.20 by voluntary parties who have received technical or other 166.21 assistance under sections 115B.17, subdivision 14, 115B.175 to 166.22 115B.179, and 115C.03, subdivision 9; 166.23 (3) money received in the form of gifts, grants, 166.24 reimbursement, or appropriation from any source for any of the 166.25 purposes provided in subdivision 2, except federal grants; and 166.26 (4) interest accrued on the fund. 166.27 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 166.28 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 166.29 and reimbursement account is as described in sections 115B.47 to 166.30 115B.51. 166.31 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 166.32 ACCOUNT.] The metropolitan landfill contingency action trust 166.33 account is as described in section 473.845. 166.34 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund 166.35 shall also be supported by transfers as may be authorized by the 166.36 legislature from time to time from the environmental fund. 167.1 Sec. 40. Minnesota Statutes 2002, section 116.994, is 167.2 amended to read: 167.3 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 167.4ACCOUNTACCOUNTING.] 167.5The small business environmental improvement loan account167.6is established in the environmental fund.Repayments of loans 167.7 made under section 116.993 must be credited tothis accountthe 167.8 environmental fund.This account replaces the small business167.9environmental loan account in Minnesota Statutes 1996, section167.10116.992, and the hazardous waste generator loan account in167.11Minnesota Statutes 1996, section 115B.224. The account balances167.12and pending repayments from the small business environmental167.13loan account and the hazardous waste generator account will be167.14credited to this new account.Money deposited in theaccount167.15 fund under section 116.993 is appropriated to the commissioner 167.16 for loans underthissection 116.993. 167.17 Sec. 41. Minnesota Statutes 2002, section 116C.834, 167.18 subdivision 1, is amended to read: 167.19 Subdivision 1. [COSTS.] All costs incurred by the state to 167.20 carry out its responsibilities under the compact and under 167.21 sections 116C.833 to 116C.843 shall be paid by generators of 167.22 low-level radioactive waste in this state through fees assessed 167.23 by the pollution control agency. Fees may be reasonably 167.24 assessed on the basis of volume or degree of hazard of the waste 167.25 produced by a generator. Costs for which fees may be assessed 167.26 include, but are not limited to: 167.27 (1) the state contribution required to join the compact; 167.28 (2) the expenses of the Commission member and state agency 167.29 costs incurred to support the work of the Interstate Commission; 167.30 and 167.31 (3) regulatory costs. 167.32 The fees are exempt from section 16A.1285. 167.33 Sec. 42. Minnesota Statutes 2002, section 297H.13, 167.34 subdivision 1, is amended to read: 167.35 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived 167.36 from the taxes imposed on waste management services under this 168.1 chapter, less the costs to the department of revenue for168.2administering the tax under this chapter,shall be deposited by 168.3 the commissioner of revenue in the state treasury. 168.4The amounts retained by the department of revenue shall be168.5deposited in a separate revenue department fund which is hereby168.6created. Money in this fund is hereby appropriated, up to a168.7maximum annual amount of $200,000, to the commissioner of168.8revenue for the costs incurred in administration of the solid168.9waste management tax under this chapter.168.10 Sec. 43. Minnesota Statutes 2002, section 297H.13, 168.11 subdivision 2, is amended to read: 168.12 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 168.13 percent, whichever is greater, of the amounts remitted under 168.14 this chapter must be credited to thesolid wasteenvironmental 168.15 fund established in section115B.4216A.531, subdivision 1. 168.16 (b) The remainder must be deposited into the general fund. 168.17 Sec. 44. Minnesota Statutes 2002, section 325E.10, 168.18 subdivision 1, is amended to read: 168.19 Subdivision 1. [SCOPE.] For the purposes of sections 168.20 325E.11 to325E.113325E.112 and this section, the terms defined 168.21 in this section have the meanings given them. 168.22 Sec. 45. Minnesota Statutes 2002, section 469.175, 168.23 subdivision 7, is amended to read: 168.24 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 168.25 RESPONSE ACTIONS.] (a) An authority which is creating or has 168.26 created a tax increment financing district may establish within 168.27 the district a hazardous substance subdistrict upon the notice 168.28 and after the discussion, public hearing, and findings required 168.29 for approval of or modification to the original plan. The 168.30 geographic area of the subdistrict is made up of any parcels in 168.31 the district designated for inclusion by the municipality or 168.32 authority that are designated hazardous substance sites, and any 168.33 additional parcels in the district designated for inclusion that 168.34 are contiguous to the hazardous substance sites, including 168.35 parcels that are contiguous to the site except for the 168.36 interposition of a right-of-way. Before or at the time of 169.1 approval of the tax increment financing plan or plan 169.2 modification providing for the creation of the hazardous 169.3 substance subdistrict, the authority must make the findings 169.4 under paragraphs (b) to (d), and set forth in writing the 169.5 reasons and supporting facts for each. 169.6 (b) Development or redevelopment of the site, in the 169.7 opinion of the authority, would not reasonably be expected to 169.8 occur solely through private investment and tax increment 169.9 otherwise available, and therefore the hazardous substance 169.10 district is deemed necessary. 169.11 (c) Other parcels that are not designated hazardous 169.12 substance sites are expected to be developed together with a 169.13 designated hazardous substance site. 169.14 (d) The subdistrict is not larger than, and the period of 169.15 time during which increments are elected to be received is not 169.16 longer than, that which is necessary in the opinion of the 169.17 authority to provide for the additional costs due to the 169.18 designated hazardous substance site. 169.19 (e) Upon request by an authority that has incurred expenses 169.20 for removal or remedial actions to implement a development 169.21 response action plan, the attorney general may: 169.22 (1) bring a civil action on behalf of the authority to 169.23 recover the expenses, including administrative costs and 169.24 litigation expenses, under section 115B.04 or other law; or 169.25 (2) assist the authority in bringing an action as described 169.26 in clause (1), by providing legal and technical advice, 169.27 intervening in the action, or other appropriate assistance. 169.28 The decision to participate in any action to recover expenses is 169.29 at the discretion of the attorney general. 169.30 (f) If the attorney general brings an action as provided in 169.31 paragraph (e), clause (1), the authority shall certify its 169.32 reasonable and necessary expenses incurred to implement the 169.33 development response action plan and shall cooperate with the 169.34 attorney general as required to effectively pursue the action. 169.35 The certification by the authority is prima facie evidence that 169.36 the expenses are reasonable and necessary. The attorney general 170.1 may deduct litigation expenses incurred by the attorney general 170.2 from any amounts recovered in an action brought under paragraph 170.3 (e), clause (1). The authority shall reimburse the attorney 170.4 general for litigation expenses not recovered in an action under 170.5 paragraph (e), clause (1), but only from the additional tax 170.6 increment required to be used as described in section 469.176, 170.7 subdivision 4e. The authority must reimburse the attorney 170.8 general for litigation expenses incurred to assist in bringing 170.9 an action under paragraph (e), clause (2), but only from amounts 170.10 recovered by the authority in an action or, if the amounts are 170.11 insufficient, from the additional tax increment required to be 170.12 used as described in section 469.176, subdivision 4e. All money 170.13 recovered or paid to the attorney general for litigation 170.14 expenses under this paragraph shall be paid to the general fund 170.15 of the state for deposit to the account of the attorney 170.16 general. For the purposes of this section, "litigation 170.17 expenses" means attorney fees and costs of discovery and other 170.18 preparation for litigation. 170.19 (g) The authority shall reimburse the pollution control 170.20 agency for its administrative expenses incurred to review and 170.21 approve a development action response plan. The authority must 170.22 reimburse the pollution control agency for expenses incurred for 170.23 any services rendered to the attorney general to support the 170.24 attorney general in actions brought or assistance provided under 170.25 paragraph (e), but only from amounts recovered by the authority 170.26 in an action brought under paragraph (e) or from the additional 170.27 tax increment required to be used as described in section 170.28 469.176, subdivision 4e. All money paid to the pollution 170.29 control agency under this paragraph shall be deposited in the 170.30environmental response, compensation and complianceremediation 170.31 fund. 170.32 (h) Actions taken by an authority consistent with a 170.33 development response action plan are deemed to be authorized 170.34 response actions for the purpose of section 115B.17, subdivision 170.35 12. An authority that takes actions consistent with a 170.36 development response action plan qualifies for the defenses 171.1 available under sections 115B.04, subdivision 11, and 115B.05, 171.2 subdivision 9. 171.3 (i) All money recovered by an authority in an action 171.4 brought under paragraph (e) in excess of the amounts paid to the 171.5 attorney general and the pollution control agency must be 171.6 treated as excess increments and be distributed as provided in 171.7 section 469.176, subdivision 2, clause (4), to the extent the 171.8 removal and remedial actions were initially financed with 171.9 increment revenues. 171.10 Sec. 46. Minnesota Statutes 2002, section 473.843, 171.11 subdivision 2, is amended to read: 171.12 Subd. 2. [DISPOSITION OF PROCEEDS.]After reimbursement to171.13the department of revenue for costs incurred in administering171.14this section,The proceeds of the fees imposed under this 171.15 section, including interest and penalties, must be deposited as 171.16 follows: 171.17 (1) three-fourths of the proceeds must be deposited in the 171.18 environmental fund for metropolitan landfill abatementaccount171.19establishedfor the purposes described in section 473.844; and 171.20 (2) one-fourth of the proceeds must be deposited in the 171.21 metropolitan landfill contingency action trust account in the 171.22 remediation fund established insectionsections 116.155 and 171.23 473.845. 171.24 Sec. 47. Minnesota Statutes 2002, section 473.844, 171.25 subdivision 1, is amended to read: 171.26 Subdivision 1. [ESTABLISHMENT;PURPOSES.] Themetropolitan171.27landfill abatement account ismoney in the environmental fundin171.28orderfor landfill abatement must be used to reduce to the 171.29 greatest extent feasible and prudent the need for and practice 171.30 of land disposal of mixed municipal solid waste in the 171.31 metropolitan area.The accountThis money consists of revenue 171.32 deposited in theaccountenvironmental fund under section 171.33 473.843, subdivision 2, clause (1), and interest earned on 171.34 investment of this moneyin the account. All repayments to 171.35 loans made under this section must be credited to the 171.36accountenvironmental fund. The landfill abatement money in the 172.1accountenvironmental fund may be spent only for purposes of 172.2 metropolitan landfill abatement as provided in subdivision 1a 172.3 and only upon appropriation by the legislature. 172.4 Sec. 48. Minnesota Statutes 2002, section 473.845, 172.5 subdivision 1, is amended to read: 172.6 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 172.7 contingency action trustfundaccount is an expendable trust 172.8fundaccount in thestate treasuryremediation fund. Thefund172.9 account consists of revenue deposited in the fund under section 172.10 473.843, subdivision 2, clause (2); amounts recovered under 172.11 subdivision 7; and interest earned on investment of money in the 172.12 fund. 172.13 Sec. 49. Minnesota Statutes 2002, section 473.845, 172.14 subdivision 3, is amended to read: 172.15 Subd. 3. [EXPENDITURES FROM THE FUNDCONTINGENCY ACTIONS 172.16 AND REIMBURSEMENT.] Money in thefundaccount is appropriated to 172.17 the agency for expenditure for any of the following: 172.18 (1) to take reasonable and necessaryexpensesactions for 172.19 closure and postclosure care of a mixed municipal solid waste 172.20 disposal facility in the metropolitan area for a 30-year period 172.21 after closure, if the agency determines that the operator or 172.22 owner will not take the necessary actions requested by the 172.23 agency for closure and postclosure in the manner and within the 172.24 time requested; 172.25 (2) to take reasonable and necessary response actions and 172.26 postclosurecostscare actions at a mixed municipal solid waste 172.27 disposal facility in the metropolitan area that has been closed 172.28 for 30 years in compliance with the closure and postclosure 172.29 rules of the agency; 172.30 (3)reimbursementto reimburse a local government unit for 172.31 costs incurred over $400,000 under a work plan approved by the 172.32 commissioner of the agency to remediate methane at a closed 172.33 disposal facility owned by the local government unit; or 172.34 (4) reasonable and necessary response costs at an 172.35 unpermitted facility for mixed municipal solid waste disposal in 172.36 the metropolitan area that was permitted by the agency for 173.1 disposal of sludge ash from a wastewater treatment facility. 173.2 Sec. 50. Minnesota Statutes 2002, section 473.845, 173.3 subdivision 7, is amended to read: 173.4 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs 173.5 expenses for response actions at a facility, the agency is 173.6 subrogated to any right of action which the operator or owner of 173.7 the facility may have against any other person for the recovery 173.8 of the expenses. The attorney general may bring an action to 173.9 recover amounts spent by the agency under this section from 173.10 persons who may be liable for them. Amounts recovered, 173.11 including money paid under any agreement, stipulation, or 173.12 settlement must be deposited in the metropolitan landfill 173.13 contingency action account in the remediation fund created under 173.14 section 116.155. 173.15 Sec. 51. Minnesota Statutes 2002, section 473.845, 173.16 subdivision 8, is amended to read: 173.17 Subd. 8. [CIVIL PENALTIES.] The civil penalties of 173.18 sections 115.071 and 116.072 apply to any person in violation of 173.19 this section.All money recovered by the state under any173.20statute or rule related to the regulation of solid waste in the173.21metropolitan area, including civil penalties and money paid173.22under any agreement, stipulation, or settlement, shall be173.23deposited in the fund.173.24 Sec. 52. Minnesota Statutes 2002, section 473.846, is 173.25 amended to read: 173.26 473.846 [REPORT TO LEGISLATURE.] 173.27 The agency and the director shall submit to the senate 173.28 finance committee, the house ways and means committee, and the 173.29 environment and natural resources committees of the senate and 173.30 house of representatives, the finance division of the senate 173.31 committee on environment and natural resources, and the house of 173.32 representatives committee on environment and natural resources 173.33 finance separate reports describing the activities for which 173.34 moneyfrom thefor landfill abatementaccount and contingency173.35action trust fundhas been spent under sections 473.844 and 173.36 473.845. The agency shall report by November 1 of each year on 174.1 expenditures during its previous fiscal year. The director 174.2 shall report on expenditures during the previous calendar year 174.3 and must incorporate its report in the report required by 174.4 section 115A.411, due July 1 of each odd-numbered year. The 174.5 director shall make recommendations to the environment and 174.6 natural resources committees of the senate and house of 174.7 representatives, the finance division of the senate committee on 174.8 environment and natural resources, and the house of 174.9 representatives committee on environment and natural resources 174.10 finance on the future management and use of the metropolitan 174.11 landfill abatement account. 174.12 Sec. 53. [INCREASE TO WATER QUALITY PERMIT FEES.] 174.13 (a) The pollution control agency shall collect water 174.14 quality permit fees that reflect the fees in Minnesota Rules, 174.15 part 7002.0310, and Laws 2002, chapter 374, article 6, section 174.16 8, with the application fee in paragraph (b) increased from $240 174.17 to $1,000. 174.18 (b) The increased permit fee is effective July 1, 2003. 174.19 The agency shall adopt amended water quality permit fee rules 174.20 incorporating the permit fee increase in paragraph (a) under 174.21 Minnesota Statutes, section 14.389. The pollution control 174.22 agency shall begin collecting the increased permit fee on July 174.23 1, 2003, even if the rule adoption process has not been 174.24 initiated or completed. Notwithstanding Minnesota Statutes, 174.25 section 14.18, subdivision 2, the increased permit fee 174.26 reflecting the permit fee increase in paragraph (a) and the rule 174.27 amendments incorporating that permit fee increase do not require 174.28 further legislative approval. 174.29 [EFFECTIVE DATE.] This section is effective the day 174.30 following final enactment. 174.31 Sec. 54. [INCREASE TO HAZARDOUS WASTE FEES.] 174.32 (a) The pollution control agency shall collect hazardous 174.33 waste fees that reflect the fee formula in Minnesota Rules, part 174.34 7046.0060, increased by an addition of $2,000,000 to the 174.35 adjusted fiscal year target described in Step 2 of Minnesota 174.36 Rules, part 7046.0060. 175.1 (b) The increased fees are effective January 1, 2004. The 175.2 agency shall adopt an amended hazardous waste fee formula 175.3 incorporating the increase in paragraph (a) under Minnesota 175.4 Statutes, section 14.389. The pollution control agency shall 175.5 begin collecting the increased permit fees on January 1, 2004, 175.6 even if the rule adoption process has not been initiated or 175.7 completed. Notwithstanding Minnesota Statutes, section 14.18, 175.8 subdivision 2, the increased fees reflecting the fee increases 175.9 in paragraph (a) and the rule amendments incorporating those 175.10 permit fee increases do not require further legislative approval. 175.11 [EFFECTIVE DATE.] This section is effective the day 175.12 following final enactment. 175.13 Sec. 55. [TRANSFER OF FUND BALANCES.] 175.14 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 175.15 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 175.16 response, compensation, and compliance account are transferred 175.17 to the remediation fund created under Minnesota Statutes, 175.18 section 116.155. 175.19 Subd. 2. [SOLID WASTE FUND.] $22,641,000 of the balance of 175.20 the solid waste fund is transferred to the environmental fund 175.21 created in Minnesota Statutes, section 16A.531, subdivision 1. 175.22 Any remaining balance in the solid waste fund is transferred to 175.23 the remediation fund created under Minnesota Statutes, section 175.24 116.155. 175.25 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 175.26 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 175.27 environmental response and reimbursement account are transferred 175.28 to the dry cleaner environmental response and reimbursement 175.29 account in the remediation fund created under Minnesota 175.30 Statutes, sections 115B.49 and 116.155. 175.31 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION 175.32 FUND.] All amounts remaining in the metropolitan landfill 175.33 contingency action fund are transferred to the metropolitan 175.34 landfill contingency action trust account in the remediation 175.35 fund created under Minnesota Statutes, sections 116.155 and 175.36 473.845. 176.1 Sec. 56. [REPEALER.] 176.2 Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 176.3 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 325E.112, 176.4 subdivisions 2 and 3; 325E.113; and 473.845, subdivision 4, are 176.5 repealed. 176.6 Sec. 57. [EFFECTIVE DATE.] 176.7 Except as otherwise provided, this article is effective 176.8 July 1, 2003. 176.9 ARTICLE 3 176.10 AGRICULTURE AND RURAL DEVELOPMENT 176.11 Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 176.12 The sums shown in the columns marked "APPROPRIATIONS" are 176.13 appropriated from the general fund, or another named fund, to 176.14 the agencies and for the purposes specified in this act, to be 176.15 available for the fiscal years indicated for each purpose. The 176.16 figures "2004" and "2005," where used in this act, mean that the 176.17 appropriation or appropriations listed under them are available 176.18 for the year ending June 30, 2004, or June 30, 2005, 176.19 respectively. The term "the first year" means the year ending 176.20 June 30, 2004, and the term "the second year" means the year 176.21 ending June 30, 2005. 176.22 SUMMARY BY FUND 176.23 2004 2005 TOTAL 176.24 General $ 45,185,000 $ 44,620,000 $ 89,805,000 176.25 Remediation 353,000 353,000 706,000 176.26 TOTAL $ 45,538,000 $ 44,973,000 $ 90,511,000 176.27 APPROPRIATIONS 176.28 Available for the Year 176.29 Ending June 30 176.30 2004 2005 176.31 Sec. 2. DEPARTMENT OF AGRICULTURE 176.32 Subdivision 1. Total 176.33 Appropriation 42,735,000 42,170,000 176.34 Summary by Fund 176.35 General 42,382,000 41,817,000 176.36 Remediation 353,000 353,000 176.37 The amounts that may be spent from this 176.38 appropriation for each program are 176.39 specified in the following subdivision. 177.1 Subd. 2. Protection Services 177.2 9,138,000 9,138,000 177.3 Summary by Fund 177.4 General 8,785,000 8,785,000 177.5 Remediation 353,000 353,000 177.6 $353,000 the first year and $353,000 177.7 the second year are from the 177.8 remediation fund for administrative 177.9 funding for the voluntary cleanup 177.10 program. 177.11 Subd. 3. Agricultural Marketing 177.12 and Development 177.13 5,209,000 5,209,000 177.14 $71,000 the first year and $71,000 the 177.15 second year are for transfer to the 177.16 Minnesota grown matching account and 177.17 may be used as grants for Minnesota 177.18 grown promotion under Minnesota 177.19 Statutes, section 17.109. Grants may 177.20 be made for one year. Notwithstanding 177.21 Minnesota Statutes, section 16A.28, the 177.22 appropriations encumbered under 177.23 contract on or before June 30, 2005, 177.24 for Minnesota grown grants in this 177.25 subdivision are available until June 177.26 30, 2007. 177.27 $80,000 the first year and $80,000 the 177.28 second year are for grants to farmers 177.29 for demonstration projects involving 177.30 sustainable agriculture as authorized 177.31 in Minnesota Statutes, section 17.116. 177.32 Of the amount for grants, up to $20,000 177.33 may be used for dissemination of 177.34 information about the demonstration 177.35 projects. Notwithstanding Minnesota 177.36 Statutes, section 16A.28, the 177.37 appropriations encumbered under 177.38 contract on or before June 30, 2005, 177.39 for sustainable agriculture grants in 177.40 this subdivision are available until 177.41 June 30, 2007. 177.42 Beginning in fiscal year 2004, all aid 177.43 payments to county and district 177.44 agricultural societies and associations 177.45 under Minnesota Statutes, section 177.46 38.02, subdivision 1, shall be 177.47 disbursed not later than July 15. 177.48 These payments are the amount of aid 177.49 owed by the state for an annual fair 177.50 held in the previous calendar year. 177.51 The commissioner and the Minnesota Ag 177.52 in the Classroom board of directors, in 177.53 consultation with farm groups and 177.54 individuals and organizations in the 177.55 education community, shall identify an 177.56 appropriate entity in the private 177.57 sector or the public sector to sponsor, 177.58 house, and carry on the staffing and 177.59 function of the Ag in the Classroom 177.60 program. Once an entity is identified 178.1 and arrangements for the transfer 178.2 finalized, the commissioner may release 178.3 educational and program materials to 178.4 the new entity. 178.5 Subd. 4. Ethanol Development 178.6 22,962,000 21,428,000 178.7 Notwithstanding the annual 178.8 appropriation for ethanol producer 178.9 payments in Minnesota Statutes, section 178.10 41A.09, subdivision 1, the general fund 178.11 appropriation for fiscal year 2004 is 178.12 $22,692,000 and the appropriation for 178.13 fiscal year 2005 is $21,428,000. 178.14 Payments from these appropriations for 178.15 eligible ethanol production in fiscal 178.16 years 2004 and 2005 shall be disbursed 178.17 at the rate of $0.13 per gallon, and 178.18 the base appropriation amounts in 178.19 fiscal years 2006 and 2007 must be 178.20 calculated as the projected eligible 178.21 production in those years times a 178.22 payment rate of $0.13 per gallon. If 178.23 the total amount for which all 178.24 producers are eligible in a quarter 178.25 exceeds the amount available for 178.26 payments, the commissioner shall make 178.27 payments on a pro rata basis. 178.28 Subd. 5. Administration and 178.29 Financial Assistance 178.30 5,426,000 6,395,000 178.31 $1,005,000 the first year and 178.32 $1,005,000 the second year are for 178.33 continuation of the dairy development 178.34 and profitability enhancement and dairy 178.35 business planning grant programs 178.36 established under Laws 1997, chapter 178.37 216, section 7, subdivision 2 and Laws 178.38 2001, First Special Session chapter 2, 178.39 section 9, subdivision 2. The 178.40 commissioner may allocate the available 178.41 sums among permissible activities, 178.42 including efforts to improve the 178.43 quality of milk produced in the state, 178.44 in the proportions which the 178.45 commissioner deems most beneficial to 178.46 Minnesota's dairy farmers. The 178.47 commissioner must submit a work plan 178.48 detailing plans for expenditures under 178.49 this program to the chairs of the house 178.50 and senate committees dealing with 178.51 agricultural policy and budget on or 178.52 before the start of each fiscal year. 178.53 If significant changes are made to the 178.54 plans in the course of the year, the 178.55 commissioner must notify the chairs. 178.56 $50,000 the first year and $50,000 the 178.57 second year are for the Northern Crops 178.58 Institute. These appropriations may be 178.59 spent to purchase equipment. 178.60 $19,000 the first year and $19,000 the 178.61 second year are for a grant to the 178.62 Minnesota livestock breeders 178.63 association. 179.1 $2,000 the first year and $1,000 the 179.2 second year are for family farm 179.3 security interest payment adjustments. 179.4 If the appropriation for either year is 179.5 insufficient, the appropriation for the 179.6 other year is available for it. No new 179.7 loans may be approved in fiscal year 179.8 2004 or 2005. 179.9 $500,000 the first year and $1,535,000 179.10 the second year are for the 179.11 administration and performance of the 179.12 duties under Minnesota Statutes, 179.13 section 116O.09. The commissioner 179.14 shall transfer up to $100,000 to the 179.15 agricultural utilization and research 179.16 institute for its operations between 179.17 July 1 and September 30, 2003. 179.18 Sec. 3. BOARD OF ANIMAL 179.19 HEALTH 2,803,000 2,803,000 179.20 $400,000 the first year and $400,000 179.21 the second year are for the purposes of 179.22 cervidae inspections as authorized in 179.23 Minnesota Statutes, section 17.452. 179.24 Sec. 4. AGRICULTURAL UTILIZATION 179.25 RESEARCH INSTITUTE -0- -0- 179.26 Sec. 5. Minnesota Statutes 2002, section 17.451, is 179.27 amended to read: 179.28 17.451 [DEFINITIONS.] 179.29 Subdivision 1. [APPLICABILITY.] The definitions in this 179.30 section apply to this section and section 17.452. 179.31 Subd. 1a. [CERVIDAE.] "Cervidae" means animals that are 179.32 members of the family Cervidae and includes, but is not limited 179.33 to, white-tailed deer, mule deer, red deer, elk, moose, caribou, 179.34 reindeer, and muntjac. 179.35 Subd. 2. [FARMED CERVIDAE.] "Farmed cervidae" means 179.36 members of the Cervidae family that are: 179.37 (1) raised fortheany purposeof producing fiber, meat, or179.38animal by-products, as pets, or as breeding stock; and 179.39 (2) registered in a manner approved by the board of animal 179.40 health. 179.41 Subd. 3. [OWNER.] "Owner" means a person who owns or is 179.42 responsible for the raising of farmed cervidae. 179.43 Subd. 4. [HERD.] "Herd" means: 179.44 (1) all cervidae maintained on common ground for any 179.45 purpose; or 179.46 (2) all cervidae under common ownership or supervision, 180.1 geographically separated, but that have an interchange or 180.2 movement of animals without regard to whether the animals are 180.3 infected with or exposed to diseases. 180.4 Sec. 6. Minnesota Statutes 2002, section 17.452, 180.5 subdivision 8, is amended to read: 180.6 Subd. 8. [SLAUGHTER.] Farmed cervidae must be slaughtered 180.7 and inspected in accordance with chapters 31 and 31A or the 180.8 United States Department of Agriculture voluntary program for 180.9 exotic animals, Code of Federal Regulations, title 9, part 352. 180.10 Sec. 7. Minnesota Statutes 2002, section 17.452, 180.11 subdivision 10, is amended to read: 180.12 Subd. 10. [FENCING.](a)Farmed cervidae must be confined 180.13 in a manner designed to prevent escape.Fencing must meet the180.14requirements in this subdivision unless an alternative is180.15specifically approved by the commissioner. The board of animal180.16health shall follow the guidelines established by the United180.17States Department of Agriculture in the program for eradication180.18of bovine tuberculosis. Perimeter fencing must be of the180.19following heights:180.20(1) for fences constructed before August 1, 1995, for180.21farmed deer, at least 75 inches;180.22(2) for fences constructed before August 1, 1995, for180.23farmed elk, at least 90 inches; and180.24(3) for fences constructed on or after August 1, 1995, for180.25all farmed cervidae, at least 96 inches.180.26(b) The farmed cervidae advisory committee shall establish180.27guidelines designed to prevent the escape of farmed cervidae and180.28other appropriate management practices.All perimeter fences 180.29 for farmed cervidae must be at least 96 inches in height and be 180.30 constructed and maintained in a way that prevents the escape of 180.31 farmed cervidae or entry into the premises by free-roaming 180.32 cervidae. 180.33(c) The commissioner of agriculture in consultation with180.34the commissioner of natural resources shall adopt rules180.35prescribing fencing criteria for farmed cervidae.180.36 [EFFECTIVE DATE.] This section is effective January 1, 2004. 181.1 Sec. 8. Minnesota Statutes 2002, section 17.452, 181.2 subdivision 11, is amended to read: 181.3 Subd. 11. [DISEASEINSPECTIONCONTROL PROGRAMS.] Farmed 181.4 cervidae herds are subject to chapter 35 and the rules of the 181.5 board of animal health in the same manner as livestock and 181.6 domestic animals, including provisions relating to importation 181.7 and transportation. 181.8 Sec. 9. Minnesota Statutes 2002, section 17.452, 181.9 subdivision 12, is amended to read: 181.10 Subd. 12. [IDENTIFICATION.] (a) Farmed cervidae must be 181.11 identified byUnited States Department of Agriculture metal ear181.12tags, electronic implants, or othermeansof identification181.13 approved by the board of animal healthin consultation with the181.14commissioner of natural resources. Beginning January 1, 2004, 181.15 the identification must be visible to the naked eye during 181.16 daylight under normal conditions at a distance of 50 yards. 181.17 Newbornor importedanimalsare required tomust be identified 181.18by March 1 of each yearbefore December 31 of the year in which 181.19 the animal is born or before movement from the premises, 181.20 whichever occurs first.The board shall authorize discrete181.21permanent identification for farmed cervidae in public displays181.22or other forums where visible identification is objectionable.181.23 (b)Identification of farmed cervidae is subject to181.24sections 35.821 to 35.831.181.25(c)The board of animal health shall register farmed 181.26 cervidaeupon request of the owner. The owner must submit the 181.27 registration request on forms provided by the board. The forms 181.28 must include sales receipts or other documentation of the origin 181.29 of the cervidae. The board shall provide copies of the 181.30 registration information to the commissioner of natural 181.31 resources upon request. The owner must keep written records of 181.32 the acquisition and disposition of registered farmed cervidae. 181.33 Sec. 10. Minnesota Statutes 2002, section 17.452, 181.34 subdivision 13, is amended to read: 181.35 Subd. 13. [INSPECTION.] The commissioner of agriculture 181.36 and the board of animal health may inspect farmed cervidae, 182.1 farmed cervidae facilities, and farmed cervidae records. On or 182.2 before January 1 of each year, an owner of cervidae must pay an 182.3 annual inspection fee of $10 per animal owned but not to exceed 182.4 $100 per herd. The number of animals owned must be determined 182.5 by the most recent inventory submitted by the owner to the board 182.6 of animal health. The commissioner of natural resources may 182.7 inspect farmed cervidae, farmed cervidae facilities, and farmed 182.8 cervidae records with reasonable suspicion that laws protecting 182.9 native wild animals have been violated.and must notify the 182.10 ownermust be notifiedin writing at the time of the inspection 182.11 of the reason for the inspection andinformedmust inform the 182.12 owner in writing after the inspection of whether (1) the cause 182.13 of the inspection was unfounded; or (2) there will be an ongoing 182.14 investigation or continuing evaluation. 182.15 Sec. 11. Minnesota Statutes 2002, section 17.452, is 182.16 amended by adding a subdivision to read: 182.17 Subd. 13a. [CERVIDAE INSPECTION ACCOUNT.] A cervidae 182.18 inspection account is established in the state treasury. The 182.19 fees collected under subdivision 13 and interest attributable to 182.20 money in the account must be deposited in the state treasury and 182.21 credited to the cervidae inspection account in the special 182.22 revenue fund. Money in the account is appropriated to the board 182.23 of animal health for the administration and enforcement of this 182.24 section. 182.25 Sec. 12. Minnesota Statutes 2002, section 17.452, is 182.26 amended by adding a subdivision to read: 182.27 Subd. 15. [MANDATORY REGISTRATION.] A person may not 182.28 possess live cervidae in Minnesota unless the person is 182.29 registered with the board of animal health and meets all the 182.30 requirements for farmed cervidae under this section. Cervidae 182.31 possessed in violation of this subdivision may be seized and 182.32 destroyed by the commissioner of natural resources. 182.33 [EFFECTIVE DATE.] This section is effective January 1, 2004. 182.34 Sec. 13. Minnesota Statutes 2002, section 17.452, is 182.35 amended by adding a subdivision to read: 182.36 Subd. 16. [MANDATORY SURVEILLANCE FOR CHRONIC WASTING 183.1 DISEASE.] (a) An inventory for each farmed cervidae herd must be 183.2 verified by an accredited veterinarian and filed with the board 183.3 of animal health every 12 months. 183.4 (b) Movement of farmed cervidae from any premises to 183.5 another location must be reported to the board of animal health 183.6 within 14 days of such movement on forms approved by the board 183.7 of animal health. 183.8 (c) All animals from farmed cervidae herds that are over 16 183.9 months of age that die or are slaughtered must be tested for 183.10 chronic wasting disease. 183.11 [EFFECTIVE DATE.] This section is effective January 1, 2004. 183.12 Sec. 14. [18.511] [FEE SCHEDULE.] 183.13 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 183.14 shall establish fees sufficient to allow for the administration 183.15 and enforcement of this chapter and rules adopted under this 183.16 chapter, including the portion of general support costs and 183.17 statewide indirect costs of the agency attributable to that 183.18 function, with a reserve sufficient for up to six months. The 183.19 commissioner shall review the fee schedule annually in 183.20 consultation with the Minnesota nursery and landscape advisory 183.21 committee. For the certificate year beginning January 1, 2004, 183.22 the fees are as described in this section. 183.23 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 183.24 stock grower must pay an annual fee based on the area of all 183.25 acreage on which nursery stock is grown for certification as 183.26 follows: 183.27 (1) less than one-half acre, $150; 183.28 (2) from one-half acre to two acres, $200; 183.29 (3) over two acres up to five acres, $300; 183.30 (4) over five acres up to ten acres, $350; 183.31 (5) over ten acres up to 20 acres, $500; 183.32 (6) over 20 acres up to 40 acres, $650; 183.33 (7) over 40 acres up to 50 acres, $800; 183.34 (8) over 50 acres up to 200 acres, $1,100; 183.35 (9) over 200 acres up to 500 acres, $1,500; and 183.36 (10) over 500 acres, $1,500 plus $2 for each additional 184.1 acre. 184.2 (b) In addition to the fees in paragraph (a), a penalty of 184.3 ten percent of the fee due must be charged for each month that 184.4 the fee is delinquent for any application for renewal not 184.5 received by January 1 of the year following expiration of a 184.6 certificate. 184.7 Subd. 3. [NURSERY STOCK DEALER, CERTIFICATE.] (a) A 184.8 nursery stock dealer must pay an annual fee based on the 184.9 dealer's gross sales of nursery stock per location during the 184.10 preceding certificate year. A certificate applicant operating 184.11 for the first time shall pay the minimum fee. The fees are per 184.12 sales location as follows: 184.13 (1) gross sales up to $20,000, $150; 184.14 (2) gross sales over $20,000 up to $100,000, $175; 184.15 (3) gross sales over $100,000 up to $250,000, $300; 184.16 (4) gross sales over $250,000 up to $500,000, $425; 184.17 (5) gross sales over $500,000 up to $1,000,000, $550; 184.18 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 184.19 (7) gross sales over $2,000,000, $800. 184.20 (b) In addition to the fees in paragraph (a), a penalty of 184.21 ten percent of the fee due must be charged for each month that 184.22 the fee is delinquent for any application for renewal not 184.23 received by January 1 of the year following expiration of a 184.24 certificate. 184.25 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 184.26 FEES.] If a reinspection is required or an additional inspection 184.27 is needed or requested, a fee shall be assessed based on mileage 184.28 and inspection time as follows: 184.29 (1) mileage must be charged at the current United States 184.30 Internal Revenue Service reimbursement rate; and 184.31 (2) inspection time must be charged at the rate of $50 per 184.32 hour, including the driving time to and from the location in 184.33 addition to the time spent conducting the inspection. 184.34 Sec. 15. Minnesota Statutes 2002, section 18.525, is 184.35 amended to read: 184.36 18.525 [EXEMPT NURSERY SALES.] 185.1 Subdivision 1. [NOT-FOR-PROFIT SALES.] An 185.2 organizationdoes not need to obtain a nursery stock dealer185.3certificate before offeringor individual may offer for sale 185.4 certified nursery stockfor sale or distribution if the185.5organization:185.6(1) is aand be exempt from the requirement to obtain a 185.7 nursery stock dealer certificate if sales are conducted by a 185.8 nonprofit charitable, educational, or religious organization;185.9(2)that: 185.10 (1) conducts sales or distributions of certified nursery 185.11 stock on 14 or fewer days in a calendar year; and 185.12(3)(2) uses the proceeds from its certified nursery stock 185.13 sales or distributions for charitable, educational, or religious 185.14 purposes. 185.15The organization must notify the commissioner, prior to any185.16sales or distributions of certified nursery stock and must185.17demonstrate to the commissioner, if requested, that such sales185.18or distributions will be conducted on 14 or fewer days in the185.19calendar year, as provided in clause (2).185.20 Subd. 2. [NURSERY HOBBYIST SALES.] (a) An organization or 185.21 individual may offer nursery stock for sale and be exempt from 185.22 the requirement to obtain a nursery stock dealer certificate if: 185.23 (1) the gross sales of all nursery stock sold in a calendar 185.24 year do not exceed $2,000; 185.25 (2) all nursery stock sold or distributed by the hobbyist 185.26 is intended for planting in Minnesota; and 185.27 (3) all nursery stock purchased or procured for resale or 185.28 distribution was grown in Minnesota and has been certified by 185.29 the commissioner of agriculture. 185.30 (b) The commissioner may prescribe the conditions of the 185.31 exempt nursery sales under this subdivision and may conduct 185.32 routine inspections of nursery stock offered for sale. 185.33 Sec. 16. [18.541] [NURSERY AND PHYTOSANITARY ACCOUNT.] 185.34 A nursery and phytosanitary account is established in the 185.35 state treasury. The fees and penalties collected under this 185.36 chapter and interest attributable to money in the account must 186.1 be deposited in the state treasury and credited to the nursery 186.2 and phytosanitary account in the agricultural fund. Money in 186.3 the account, including interest earned, is appropriated to the 186.4 commissioner for administration and enforcement of this chapter. 186.5 Sec. 17. [18.611] [EXPORT CERTIFICATION, INSPECTIONS, 186.6 CERTIFICATES, PERMITS, AND FEES.] 186.7 Subdivision 1. [DISPOSITION AND USE OF MONEY 186.8 RECEIVED.] All fees and penalties collected under this chapter 186.9 and interest attributable to the money in the account must be 186.10 deposited in the state treasury and credited to the nursery and 186.11 phytosanitary account in the agricultural fund. Money in the 186.12 account, including interest earned, is appropriated to the 186.13 commissioner for the administration and enforcement of this 186.14 chapter. 186.15 Subd. 2. [COOPERATIVE AGREEMENTS.] The commissioner may 186.16 enter into cooperative agreements with federal and state 186.17 agencies for administration of the export certification 186.18 program. An exporter of plants or plant products desiring to 186.19 originate shipments from Minnesota to a foreign country 186.20 requiring a phytosanitary certificate or export certificate must 186.21 submit an application to the commissioner. 186.22 Subd. 3. [PHYTOSANITARY AND EXPORT 186.23 CERTIFICATES.] Application for phytosanitary certificates or 186.24 export certificates must be made on forms provided or approved 186.25 by the commissioner. The commissioner shall conduct inspections 186.26 of plants, plant products, or facilities for persons that have 186.27 applied for or intend to apply for a phytosanitary certificate 186.28 or export certificate from the commissioner. Inspections must 186.29 include one or more of the following as requested or required: 186.30 (1) an inspection of the plants or plant products intended 186.31 for export under a phytosanitary certificate or export 186.32 certificate; 186.33 (2) field inspections of growing plants to determine 186.34 presence or absence of plant diseases, if necessary; 186.35 (3) laboratory diagnosis for presence or absence of plant 186.36 diseases, if necessary; 187.1 (4) observation and evaluation of procedures and facilities 187.2 utilized in handling plants and plant products, if necessary; 187.3 and 187.4 (5) review of United States Department of Agriculture, 187.5 Federal Grain Inspection Service Official Export Grain 187.6 Inspection Certificate logs. 187.7 The commissioner may issue a phytosanitary or export 187.8 certificate if the plants or plant products satisfactorily meet 187.9 the requirements of the importing foreign country and the United 187.10 States Department of Agriculture requirements. The requirements 187.11 of the destination countries must be met by the applicant. 187.12 Subd. 4. [CERTIFICATE FEES.] (a) The commissioner shall 187.13 assess the fees in paragraphs (b) to (f) for the inspection, 187.14 service, and work performed in carrying out the issuance of a 187.15 phytosanitary certificate or export certificate. The inspection 187.16 fee must be based on mileage and inspection time. 187.17 (b) Mileage charge: current United States Internal Revenue 187.18 Service mileage rate. 187.19 (c) Inspection time: $50 per hour minimum or fee necessary 187.20 to cover department costs. Inspection time includes the driving 187.21 time to and from the location in addition to the time spent 187.22 conducting the inspection. 187.23 (d) A fee shall be assessed for any certificate issued that 187.24 requires laboratory analysis before issuance. The fee must be 187.25 deposited into the laboratory account as authorized in section 187.26 17.85. 187.27 (e) Certificate fee for product value greater than $250: a 187.28 fee of $75 for each phytosanitary or export certificate issued 187.29 for any single shipment valued at more than $250 in addition to 187.30 any mileage or inspection time charges that are assessed. 187.31 (f) Certificate fee for product value less than $250: a 187.32 fee of $25 for each phytosanitary or export certificate issued 187.33 for any single shipment valued at less than $250 in addition to 187.34 any mileage or inspection time charges that are assessed. 187.35 Subd. 5. [CERTIFICATE DENIAL OR CANCELLATION.] The 187.36 commissioner may deny or cancel the issuance of a phytosanitary 188.1 or export certificate for any of the following reasons: 188.2 (1) failure of the plants or plant products to meet 188.3 quarantine, regulations, and requirements imposed by the country 188.4 for which the phytosanitary or export certificate is being 188.5 requested; 188.6 (2) failure to completely or accurately provide the 188.7 information requested on the application form; 188.8 (3) failure to ship the exact plants or plant products 188.9 which were inspected and approved; or 188.10 (4) failure to pay any fees or costs due the commissioner. 188.11 Subd. 6. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 188.12 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 188.13 sampling, or certification services to ensure that Minnesota 188.14 plant products or commodities meet import requirements of other 188.15 states or countries. 188.16 (b) The state plant regulatory official may issue permits 188.17 and certificates verifying that various Minnesota agricultural 188.18 products or commodities meet specified phytosanitary 188.19 requirements, treatment requirements, or pest absence assurances 188.20 based on determinations by the commissioner. The commissioner 188.21 may collect fees sufficient to recover costs for these permits 188.22 or certificates. The fees must be deposited in the nursery and 188.23 phytosanitary account. 188.24 Sec. 18. [18.612] [CREDITING OF PENALTIES, FEES, AND 188.25 COSTS.] 188.26 Penalties, cost reimbursements, fees, and other money 188.27 collected under this chapter must be deposited into the state 188.28 treasury and credited to the appropriate nursery and 188.29 phytosanitary or seed account. 188.30 Sec. 19. Minnesota Statutes 2002, section 18.78, is 188.31 amended to read: 188.32 18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 188.33 Subdivision 1. [GENERALLY.]Except as provided in section188.3418.85,A person owning land, a person occupying land, or a 188.35 person responsible for the maintenance of public land shall 188.36 control or eradicate all noxious weeds on the land at a time and 189.1 in a manner ordered bythe commissioner,the county agricultural 189.2 inspector,or a local weed inspector. 189.3 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 189.4 nonfederal lands underlying public waters or wetlands designated 189.5 under section 103G.201 is not required to control or eradicate 189.6 purple loosestrife below the ordinary high water level of the 189.7 public water or wetland. The commissioner of natural resources 189.8 is responsible for control and eradication of purple loosestrife 189.9 on public waters and wetlands designated under section 103G.201, 189.10 except those located upon lands owned in fee title or managed by 189.11 the United States. The officers, employees, agents, and 189.12 contractors of the commissioner of natural resources may enter 189.13 upon public waters and wetlands designated under section 189.14 103G.201 and, after providing notification to the occupant or 189.15 owner of the land, may cross adjacent lands as necessary for the 189.16 purpose of investigating purple loosestrife infestations, 189.17 formulating methods of eradication, and implementing control and 189.18 eradication of purple loosestrife. The commissioner, after189.19consultation with the commissioner of agriculture,of natural 189.20 resources shall, by June 1 of each year, compile a priority list 189.21 of purple loosestrife infestations to be controlled in 189.22 designated public waters. The commissioner ofagriculture189.23 natural resources must distribute the list to county 189.24 agricultural inspectors, local weed inspectors, and their 189.25 appointed agents. The commissioner of natural resources shall 189.26 control listed purple loosestrife infestations in priority order 189.27 within the limits of appropriations provided for that purpose. 189.28 This procedure shall be the exclusive means for control of 189.29 purple loosestrife on designated public waters by the 189.30 commissioner of natural resources and shall supersede the other 189.31 provisions for control of noxious weeds set forth elsewhere in 189.32 this chapter. The responsibility of the commissioner of natural 189.33 resources to control and eradicate purple loosestrife on public 189.34 waters and wetlands located on private lands and the authority 189.35 to enter upon private lands ends ten days after receipt by the 189.36 commissioner of a written statement from the landowner that the 190.1 landowner assumes all responsibility for control and eradication 190.2 of purple loosestrife under sections 18.78 to 18.88. State 190.3 officers, employees, agents, and contractors of the commissioner 190.4 of natural resources are not liable in a civil action for 190.5 trespass committed in the discharge of their duties under this 190.6 section and are not liable to anyone for damages, except for 190.7 damages arising from gross negligence. 190.8 Sec. 20. Minnesota Statutes 2002, section 18.79, 190.9 subdivision 2, is amended to read: 190.10 Subd. 2. [AUTHORIZED AGENTS.]The commissioner shall190.11authorize department of agriculture personnel and may authorize,190.12in writing,County agricultural inspectorsto act as agents in190.13the administration and enforcement ofmay administer and enforce 190.14 sections 18.76 to 18.88. 190.15 Sec. 21. Minnesota Statutes 2002, section 18.79, 190.16 subdivision 3, is amended to read: 190.17 Subd. 3. [ENTRY UPON LAND.] To administer and enforce 190.18 sections 18.76 to 18.88,the commissioner, authorized agents of190.19the commissioner,county agricultural inspectors,and local weed 190.20 inspectors may enter upon land without consent of the owner and 190.21 without being subject to an action for trespass or any damages. 190.22 Sec. 22. Minnesota Statutes 2002, section 18.79, 190.23 subdivision 5, is amended to read: 190.24 Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 190.25 WEEDS.]The commissioner,A county agricultural inspector,or a 190.26 local weed inspector may order the control or eradication of 190.27 noxious weeds on any land within the state. 190.28 Sec. 23. Minnesota Statutes 2002, section 18.79, 190.29 subdivision 6, is amended to read: 190.30 Subd. 6. [EDUCATIONAL PROGRAMSINITIAL TRAINING FOR 190.31 CONTROL OR ERADICATION OF NOXIOUS WEEDS.] The commissioner shall 190.32 conducteducation programsinitial training considered necessary 190.33 for weed inspectors in the enforcement of the Noxious Weed Law. 190.34 The director of the Minnesota extension service may conduct 190.35 educational programs for the general public that will aid 190.36 compliance with the noxious weed law. 191.1 Sec. 24. Minnesota Statutes 2002, section 18.79, 191.2 subdivision 9, is amended to read: 191.3 Subd. 9. [INJUNCTION.] If thecommissionercounty 191.4 agricultural inspector applies to a court for a temporary or 191.5 permanent injunction restraining a person from violating or 191.6 continuing to violate sections 18.76 to 18.88, the injunction 191.7 may be issued without requiring a bond. 191.8 Sec. 25. Minnesota Statutes 2002, section 18.79, 191.9 subdivision 10, is amended to read: 191.10 Subd. 10. [PROSECUTION.] On finding that a person has 191.11 violated sections 18.76 to 18.88, thecommissionercounty 191.12 agricultural inspector may start court proceedings in the 191.13 locality in which the violation occurred. The county attorney 191.14 may prosecute actions under sections 18.76 to 18.88 within the 191.15 county attorney's jurisdiction. 191.16 Sec. 26. Minnesota Statutes 2002, section 18.81, 191.17 subdivision 2, is amended to read: 191.18 Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors 191.19 shall: 191.20 (1) examine all lands, including highways, roads, alleys, 191.21 and public ground in the territory over which their jurisdiction 191.22 extends to ascertain if section 18.78 and related rules have 191.23 been complied with; 191.24 (2) see that the control or eradication of noxious weeds is 191.25 carried out in accordance with section 18.83 and related 191.26 rules; and 191.27 (3) issue permits in accordance with section 18.82 and 191.28 related rules for the transportation of materials or equipment 191.29 infested with noxious weed propagating parts; and191.30(4) submit reports and attend meetings that the191.31commissioner requires. 191.32 Sec. 27. Minnesota Statutes 2002, section 18.81, 191.33 subdivision 3, is amended to read: 191.34 Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 191.35 EXPENSES.](a)If local weed inspectors neglect or fail to do 191.36 their duty as prescribed in this section, thecommissioner192.1 county agricultural inspector shall issue a notice to the 192.2 inspector providing instructions on how and when to do their 192.3 duty. If, after the time allowed in the notice, the local weed 192.4 inspector has not complied as directed, the county agricultural 192.5 inspector may perform the duty for the local weed inspector. A 192.6 claim for the expense of doing the local weed inspector's duty 192.7 is a legal charge against the municipality in which the 192.8 inspector has jurisdiction. The county agricultural inspector 192.9 doing the work may file an itemized statement of costs with the 192.10 clerk of the municipality in which the work was performed. The 192.11 municipality shall immediately issue proper warrants to the 192.12 county for the work performed. If the municipality fails to 192.13 issue the warrants, the county auditor may include the amount 192.14 contained in the itemized statement of costs as part of the next 192.15 annual tax levy in the municipality and withhold that amount 192.16 from the municipality in making its next apportionment. 192.17(b) If a county agricultural inspector fails to perform the192.18duties as prescribed in this section, the commissioner shall192.19issue a notice to the inspector providing instructions on how192.20and when to do that duty.192.21(c) The commissioner shall by rule establish procedures to192.22carry out the enforcement actions for nonperformance required by192.23this subdivision.192.24 Sec. 28. Minnesota Statutes 2002, section 18.84, 192.25 subdivision 3, is amended to read: 192.26 Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A 192.27 landowner who has appealed the cost of noxious weed control 192.28 measures under subdivision 2 may petition for judicial review. 192.29 The petition must be filed within 30 days after the conclusion 192.30 of the hearing before the county board. The petition must be 192.31 filed with the court administrator in the county in which the 192.32 land where the noxious weed control measures were undertaken is 192.33 located, together with proof of service of a copy of the 192.34 petition onthe commissioner andthe county auditor. No 192.35 responsive pleadings may be required ofthe commissioner or the192.36 county, and no court fees may be charged for the appearance of 193.1the commissioner orthe county in this matter. 193.2 (b) The petition must be captioned in the name of the 193.3 person making the petition as petitioner andthe commissioner of193.4agriculture andrespective county as respondents. The petition 193.5 must include the petitioner's name, the legal description of the 193.6 land involved, a copy of the notice to control noxious weeds, 193.7 and the date or dates on which appealed control measures were 193.8 undertaken. 193.9 (c) The petition must state with specificity the grounds 193.10 upon which the petitioner seeks to avoid the imposition of a 193.11 lien for the cost of noxious weed control measures. 193.12 Sec. 29. Minnesota Statutes 2002, section 18.86, is 193.13 amended to read: 193.14 18.86 [UNLAWFUL ACTS.] 193.15 No person may: 193.16 (1) hinder or obstruct in any way thecommissioner, the193.17commissioner's authorized agents,county agricultural 193.18 inspectors,or local weed inspectors in the performance of their 193.19 duties as provided in sections 18.76 to 18.88 or related rules; 193.20 (2) neglect, fail, or refuse to comply with section 18.82 193.21 or related rules in the transportation and use of material or 193.22 equipment infested with noxious weed propagating parts; 193.23 (3) sell material containing noxious weed propagating parts 193.24 to a person who does not have a permit to transport that 193.25 material or to a person who does not have a screenings permit 193.26 issued in accordance with section 21.74; or 193.27 (4) neglect, fail, or refuse to comply with a general 193.28 notice or an individual notice to control or eradicate noxious 193.29 weeds. 193.30 Sec. 30. Minnesota Statutes 2002, section 18B.10, is 193.31 amended to read: 193.32 18B.10 [ACTION TO PREVENT GROUND WATER CONTAMINATION.] 193.33 (a) The commissioner may, by rule, special order, or 193.34 delegation through written regulatory agreement with officials 193.35 of other approved agencies, take action necessary to prevent the 193.36 contamination of ground water resulting from leaching of 194.1 pesticides through the soil, from the backsiphoning or 194.2 backflowing of pesticides through water wells, or from the 194.3 direct flowage of pesticides to ground water. 194.4 (b) With owner consent, the commissioner may use private 194.5 water wells throughout the state to monitor for the presence of 194.6 agricultural pesticides and other industrial chemicals in ground 194.7 water. The specific locations and land owners shall not be 194.8 identifiable. The owner or user of a private water well sampled 194.9 by the commissioner must be given access to test results. 194.10 Sec. 31. Minnesota Statutes 2002, section 18B.26, 194.11 subdivision 3, is amended to read: 194.12 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 194.13 annual application fee for each pesticide to be registered, and 194.14 this fee is set at one-tenth of one percent for calendar year 194.15 1990, at one-fifth of one percent for calendar year 1991, and at 194.16 two-fifths of one percent for calendar year 1992 and thereafter 194.17 of annual gross sales within the state and annual gross sales of 194.18 pesticides used in the state, with a minimum nonrefundable fee 194.19 of $250. The registrant shall determine when and which 194.20 pesticides are sold or used in this state. The registrant shall 194.21 secure sufficient sales information of pesticides distributed 194.22 into this state from distributors and dealers, regardless of 194.23 distributor location, to make a determination. Sales of 194.24 pesticides in this state and sales of pesticides for use in this 194.25 state by out-of-state distributors are not exempt and must be 194.26 included in the registrant's annual report, as required under 194.27 paragraph (c), and fees shall be paid by the registrant based 194.28 upon those reported sales. Sales of pesticides in the state for 194.29 use outside of the state are exempt from the application fee in 194.30 this paragraph if the registrant properly documents the sale 194.31 location and distributors. A registrant paying more than the 194.32 minimum fee shall pay the balance due by March 1 based on the 194.33 gross sales of the pesticide by the registrant for the preceding 194.34 calendar year. The fee for disinfectants and sanitizers shall 194.35 be the minimum. The minimum fee is due by December 31 preceding 194.36 the year for which the application for registration is made.Of195.1the amount collected after calendar year 1990, at least $600,000195.2per fiscal year must be credited to the waste pesticide account195.3under section 18B.065, subdivision 5The commissioner shall 195.4 spend at least $300,000 per fiscal year from the pesticide 195.5 regulatory account for the purposes of the waste pesticide 195.6 collection program. 195.7 (b) An additional fee of $100 must be paid by the applicant 195.8 for each pesticide to be registered if the application is a 195.9 renewal application that is submitted after December 31. 195.10 (c) A registrant must annually report to the commissioner 195.11 the amount and type of each registered pesticide sold, offered 195.12 for sale, or otherwise distributed in the state. The report 195.13 shall be filed by March 1 for the previous year's registration. 195.14 The commissioner shall specify the form of the report and 195.15 require additional information deemed necessary to determine the 195.16 amount and type of pesticides annually distributed in the 195.17 state. The information required shall include the brand name, 195.18 amount, and formulation of each pesticide sold, offered for 195.19 sale, or otherwise distributed in the state, but the information 195.20 collected, if made public, shall be reported in a manner which 195.21 does not identify a specific brand name in the report. 195.22 Sec. 32. Minnesota Statutes 2002, section 18B.37, is 195.23 amended by adding a subdivision to read: 195.24 Subd. 6. [ACCESS TO PESTICIDE APPLICATION INFORMATION.] (a) 195.25 Notwithstanding other provisions of this chapter to the 195.26 contrary, a physician licensed to practice in Minnesota, or a 195.27 Minnesota licensed veterinarian, may submit a request to the 195.28 commissioner for access to available information on the 195.29 application of pesticides by a commercial or noncommercial 195.30 pesticide applicator related to a course of diagnosis, care, or 195.31 treatment of a patient under the care of the physician or 195.32 veterinarian. 195.33 (b) A request for pesticide application information under 195.34 this subdivision must include available details as to the 195.35 specific location of a known or suspected application that 195.36 occurred on one or more specified dates and times. The request 196.1 must also include information on symptoms displayed by the 196.2 patient that prompted the physician or veterinarian to suspect 196.3 pesticide exposure. The request must indicate that any 196.4 information discovered will become part of the confidential 196.5 patient record and will not be released publicly. 196.6 (c) Upon receipt of a request under paragraph (a), the 196.7 commissioner shall promptly review the information contained in 196.8 the request and determine if release of information held by the 196.9 department may be beneficial for the medical diagnosis, care, 196.10 and treatment of the patient. 196.11 (d) The commissioner may release to the requester available 196.12 information on the pesticide. The commissioner shall withhold 196.13 nonessential information such as the identity of the applicator. 196.14 Sec. 33. Minnesota Statutes 2002, section 21.89, 196.15 subdivision 2, is amended to read: 196.16 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] (a) The 196.17 commissioner shall issue a permit to the initial labeler of 196.18 agricultural, vegetable,orflower, and wildflower seeds which 196.19 are sold for use in Minnesota and which conform to and are 196.20 labeled under sections 21.80 to 21.92. The categories of 196.21 permits are as follows: 196.22 (1) for initial labelers who sell 50,000 pounds or less of 196.23 agricultural seed each calendar year, an annual permit issued 196.24 for a fee established in section 21.891, subdivision 2, 196.25 paragraph (b); 196.26 (2) for initial labelers who sell vegetable, flower, and 196.27 wildflower seed packed for use in home gardens or household 196.28 plantings, an annual permit issued for a fee established in 196.29 section 21.891, subdivision 2, paragraph (c), based upon the 196.30 gross sales from the previous year; and 196.31 (3) for initial labelers who sell more than 50,000 pounds 196.32 of agricultural seed each calendar year, a permanent permit for 196.33 a fee established in section 21.891, subdivision 2, paragraph 196.34 (d). 196.35 (b) In addition, thepersonpermit holders shall furnish to 196.36 the commissioner an itemized statement of all seeds sold in 197.1 Minnesota for the periods established by the commissioner. This 197.2 statement shall be delivered, along with the payment of the fee, 197.3 based upon the amount and type of seed sold, to the commissioner 197.4 no later than 30 days after the end of each reporting period. 197.5 Any person holding a permit shall show as part of the analysis 197.6 labels or invoices on all agricultural, vegetable, 197.7 flower, wildflower, tree or shrub seeds all information the 197.8 commissioner requires. The commissioner may revoke any permit 197.9 in the event of failure to comply with applicable laws and rules. 197.10 Sec. 34. [21.891] [CHARGES UNDER MINNESOTA SEED LAW.] 197.11 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 197.12 section 21.85, subdivision 13, the commissioner shall, if 197.13 requested, sample seed destined for export to other countries. 197.14 The fee for sampling export seed is an hourly rate published 197.15 annually by the commissioner and it shall be an amount 197.16 sufficient to recover the actual costs for the service provided. 197.17 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 197.18 wishes to sell seed in Minnesota must comply with section 21.89, 197.19 subdivisions 1 and 2, and the procedures in this subdivision. 197.20 Each initial labeler who wishes to sell seed in Minnesota must 197.21 apply to the commissioner to obtain a permit. The application 197.22 must contain the name and address of the applicant, the 197.23 application date, and the name and title of the applicant's 197.24 contact person. 197.25 (b) The application for a seed permit covered by section 197.26 21.89, subdivision 2, paragraph (a), clause (1), must be 197.27 accompanied by an application fee of $50. 197.28 (c) The application for a vegetable, flower, and wildflower 197.29 seed permit covered by section 21.89, subdivision 2, paragraph 197.30 (a), clause (2), must be accompanied by an application fee based 197.31 on the level of annual gross sales as follows: 197.32 (1) for gross sales of zero to $25,000, the annual permit 197.33 fee is $50; 197.34 (2) for gross sales of $25,001 to $50,000, the annual 197.35 permit fee is $100; 197.36 (3) for gross sales of $50,001 to $100,000, the annual 198.1 permit fee is $200; 198.2 (4) for gross sales of $100,001 to $250,000, the annual 198.3 permit fee is $500; 198.4 (5) for gross sales of $250,001 to $500,000, the annual 198.5 permit fee is $1,000; and 198.6 (6) for gross sales of $500,001 and above, the annual 198.7 permit fee is $2,000. 198.8 (d) The application for an agricultural seed permit covered 198.9 by section 21.89, subdivision 2, paragraph (a), clause (3), must 198.10 be accompanied by an application fee of $50. Initial labelers 198.11 holding seed fee permits covered under this paragraph need not 198.12 apply for a new permit or pay the application fee. Under this 198.13 permit category, the fees for the following kinds of 198.14 agricultural seed sold either in bulk or containers are: 198.15 (1) oats, wheat, barley: 6.3 cents per hundredweight; 198.16 (2) rye, field beans, soybeans, buckwheat, flax: 8.4 cents 198.17 per hundredweight; 198.18 (3) field corn: 29.4 cents per hundredweight; 198.19 (4) forage, lawn and turf grasses, legumes: 49 cents per 198.20 hundredweight; 198.21 (5) sunflower: $1.40 per hundredweight; 198.22 (6) sugar beet: $3.29 per hundredweight; and 198.23 (7) for any agricultural seed not listed in clauses (1) to 198.24 (6), the fee for the crop most closely resembling it in normal 198.25 planting rate applies. 198.26 (e) If, for reasons beyond the control and knowledge of the 198.27 initial labeler, seed is shipped into Minnesota by a person 198.28 other than the initial labeler, the responsibility for the seed 198.29 fees are transferred to the shipper. An application for a 198.30 transfer of this responsibility must be made to the 198.31 commissioner. Upon approval by the commissioner of the 198.32 transfer, the shipper is responsible for payment of the seed 198.33 permit fees. 198.34 (f) Seed permit fees may be included in the cost of the 198.35 seed either as a hidden cost or as a line item cost on each 198.36 invoice for seed sold. To identify the fee on an invoice, the 199.1 words, "Minnesota seed permit fees" must be used. 199.2 (g) All seed fee permit holders must file semiannual 199.3 reports with the commissioner, even if no seed was sold during 199.4 the reporting period. Each semiannual report must be submitted 199.5 within 30 days of the end of each reporting period. The 199.6 reporting periods are October 1 to March 31 and April 1 to 199.7 September 30 of each year or July 1 to December 31, and January 199.8 1 to June 30 of each year. Permit holders may change their 199.9 reporting periods with the approval of the commissioner. 199.10 (h) The holder of a seed fee permit must pay fees on all 199.11 seed for which the permit holder is the initial labeler and 199.12 which are covered by sections 21.80 to 21.92 and sold during the 199.13 reporting period. 199.14 (i) If a seed fee permit holder fails to submit a 199.15 semiannual report and pay the seed fee within 30 days after the 199.16 end of each reporting period, the commissioner shall assess a 199.17 penalty of $100 or eight percent, calculated on an annual basis, 199.18 of the fee due, whichever is greater, but no more than $500 for 199.19 each late semiannual report. A $15 penalty must be charged when 199.20 the semiannual report is late, even if no fee is due for the 199.21 reporting period. Seed fee permits may be revoked for failure 199.22 to comply with this subdivision or the Minnesota seed law. 199.23 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 199.24 accordance with section 21.90, subdivision 2, the fee for the 199.25 registration of each hybrid seed corn variety or blend is $50, 199.26 which must be paid at the time of registration. New hybrid seed 199.27 corn variety registrations received after March 1 and renewed 199.28 registrations of older varieties received after August 1 of each 199.29 year will have an annual registration fee of $75 per variety. 199.30 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 199.31 each variety registered for sale by brand name. 199.32 Sec. 35. Minnesota Statutes 2002, section 21.90, 199.33 subdivision 2, is amended to read: 199.34 Subd. 2. [FEES.] A record of each new hybrid seed field 199.35 corn variety to be sold in Minnesota shall be registered with 199.36 the commissioner byFebruaryMarch 1 of each year by the 200.1 originator or owner. Records of all other hybrid seed field 200.2 corn varieties sold in Minnesota shall be registered with the 200.3 commissioner by August 1 of each year by the originator or 200.4 owner. The commissioner shall establish the annual fee for 200.5 registration for each variety. The record shall include the 200.6 permanent designation of the hybrid as well as the day 200.7 classification and zone of adaptation, as determined under 200.8 subdivision 1, which the originator or owner declares to be the 200.9 zone in which the variety is adapted. In addition, at the time 200.10 of the first registration of a hybrid seed field corn variety, 200.11 the originator or owner shall include a sworn statement that the 200.12 declaration of the zone of adaptation was based on actual field 200.13 trials in that zone and that the field trials substantiate the 200.14 declaration as to the day and zone classifications to which the 200.15 variety is adapted. The name or number used to designate a 200.16 hybrid seed field corn variety in the registration is the only 200.17 name of all seed corn covered by or sold under that registration. 200.18 To assist in defraying the expenses of the Minnesota 200.19 agricultural experiment station in carrying out the provisions 200.20 of this section, there is appropriated and transferred annually 200.21 from the seed inspection account to the agricultural experiment 200.22 station a sum which shall equal 60 percent of the total revenue 200.23 from all hybrid seed field corn variety registrations. 200.24 Sec. 36. Minnesota Statutes 2002, section 21.901, is 200.25 amended to read: 200.26 21.901 [BRAND NAME REGISTRATION.] 200.27 The owner or originator of a variety of nonhybrid seed that 200.28 is to be sold in this state must annually register the variety 200.29 with the commissioner if the variety is to be sold only under a 200.30 brand name. The registration must include the brand name and 200.31 the variety of seed. The brand name for a blend or mixture need 200.32 not be registered. 200.33The fee is $15 for each variety registered for sale by200.34brand name.200.35 Sec. 37. Minnesota Statutes 2002, section 28A.08, 200.36 subdivision 3, is amended to read: 201.1 Subd. 3. [FEES EFFECTIVE JULY 1,19992003.] 201.2 Penalties 201.3 Type of food handler License Late No 201.4 Fee Renewal License 201.5 Effective 201.6 July 1, 201.71999201.8 2003 201.9 1. Retail food handler 201.10 (a) Having gross sales of only 201.11 prepackaged nonperishable food 201.12 of less than $15,000 for 201.13 the immediately previous 201.14 license or fiscal year and 201.15 filing a statement with the 201.16 commissioner$ 48$ 16$ 27201.17 $ 65 $ 21 $ 43 201.18 (b) Having under $15,000 gross 201.19 sales including food preparation 201.20 or having $15,000 to $50,000 201.21 gross sales for the immediately 201.22 previous license or fiscal year$ 65$ 16$ 27201.23 $ 88 $ 29 $ 58 201.24 (c) Having $50,000 to $250,000 201.25 gross sales for the immediately 201.26 previous license or fiscal year$126$ 37$ 80201.27 $170 $ 56 $112 201.28 (d) Having $250,000 to 201.29 $1,000,000 gross sales for the 201.30 immediately previous license or 201.31 fiscal year$216$ 54$107201.32 $292 $ 96 $193 201.33 (e) Having $1,000,000 to 201.34 $5,000,000 gross sales for the 201.35 immediately previous license or 201.36 fiscal year$601$107$187202.1 $812 $268 $536 202.2 (f) Having $5,000,000 to 202.3 $10,000,000 gross sales for the 202.4 immediately previous license or 202.5 fiscal year$842$161$321202.6 $1,137 $375 $750 202.7 (g) Having over $10,000,000 202.8 gross sales for the immediately 202.9 previous license or fiscal year$962$214$375202.10 $1,300 $429 $858 202.11 2. Wholesale food handler 202.12 (a) Having gross sales or 202.13 service of less than $25,000 202.14 for the immediately previous 202.15 license or fiscal year$ 54$ 16$ 16202.16 $ 73 $ 24 $ 48 202.17 (b) Having $25,000 to 202.18 $250,000 gross sales or 202.19 service for the immediately 202.20 previous license or fiscal year$241$ 54$107202.21 $326 $108 $215 202.22 (c) Having $250,000 to 202.23 $1,000,000 gross sales or 202.24 service from a mobile unit 202.25 without a separate food facility 202.26 for the immediately previous 202.27 license or fiscal year$361$ 80$161202.28 $488 $161 $322 202.29 (d) Having $250,000 to 202.30 $1,000,000 gross sales or 202.31 service not covered under 202.32 paragraph (c) for the immediately 202.33 previous license or fiscal year$480$107$214202.34 $648 $214 $428 202.35 (e) Having $1,000,000 to 202.36 $5,000,000 gross sales or 203.1 service for the immediately 203.2 previous license or fiscal year$601$134$268203.3 $812 $268 $536 203.4 (f) Having over $5,000,000 gross 203.5 sales for the immediately 203.6 previous license or fiscal year$692$161$321203.7 $935 $309 $617 203.8 3. Food broker$120$ 32$ 54203.9 $150 $ 50 $ 99 203.11 4. Wholesale food processor 203.12 or manufacturer 203.13 (a) Having gross sales of less 203.14 than $125,000 for the 203.15 immediately previous license 203.16 or fiscal year$161$ 54$107203.17 $217 $ 72 $143 203.18 (b) Having $125,000 to $250,000 203.19 gross sales for the immediately 203.20 previous license or fiscal year$332$ 80$161203.21 $448 $148 $296 203.23 (c) Having $250,001 to $1,000,000 203.24 gross sales for the immediately 203.25 previous license or fiscal year$480$107$214203.26 $648 $214 $428 203.27 (d) Having $1,000,001 to 203.28 5,000,000 gross sales for the 203.29 immediately previous license or 203.30 fiscal year$601$134$268203.31 $812 $268 $536 203.32 (e) Having $5,000,001 to 203.33 $10,000,000 gross sales for 203.34 the immediately previous 203.35 license or fiscal year$692$161$321203.36 $935 $309 $617 204.1 (f) Having over $10,000,000 204.2 gross sales for the immediately 204.3 previous license or fiscal year$963$214$375204.4 $1,301 $429 $859 204.5 5. Wholesale food processor of 204.6 meat or poultry products 204.7 under supervision of the 204.8 U. S. Department of Agriculture 204.9 (a) Having gross sales of less 204.10 than $125,000 for the 204.11 immediately previous license 204.12 or fiscal year$107$ 27$ 54204.13 $145 $ 48 $ 96 204.14 (b) Having $125,000 to 204.15 $250,000 gross sales for the 204.16 immediately previous license 204.17 or fiscal year$181$ 54$ 80204.18 $245 $ 81 $162 204.19 (c) Having $250,001 to 204.20 $1,000,000 gross sales for the 204.21 immediately previous license 204.22 or fiscal year$271$ 80$134204.23 $366 $121 $242 204.24 (d) Having $1,000,001 to 204.25 $5,000,000 gross sales 204.26 for the immediately previous 204.27 license or fiscal year$332$ 80$161204.28 $448 $148 $296 204.29 (e) Having $5,000,001 to 204.30 $10,000,000 gross sales for 204.31 the immediately previous 204.32 license or fiscal year$392$107$187204.33 $530 $175 $350 204.34 (f) Having over $10,000,000 204.35 gross sales for the immediately 204.36 previous license or fiscal year$535$161$268205.1 $723 $239 $477 205.2 6. Wholesale food processor or 205.3 manufacturer operating only at 205.4 the state fair $125 $ 40 $ 50 205.5 7. Wholesale food manufacturer 205.6 having the permission of the 205.7 commissioner to use the name 205.8 Minnesota Farmstead cheese $ 30 $ 10 $ 15 205.9 8. Nonresident frozen dairy 205.10 manufacturer $200 $ 50 $ 75 205.11 9. Wholesale food manufacturer 205.12 processing less than 700,000 205.13 pounds per year of raw milk $ 30 $ 10 $ 15 205.14 10. A milk marketing organization 205.15 without facilities for 205.16 processing or manufacturing 205.17 that purchases milk from milk 205.18 producers for delivery to a 205.19 licensed wholesale food 205.20 processor or manufacturer $ 50 $ 15 $ 25 205.21 Sec. 38. Minnesota Statutes 2002, section 28A.085, 205.22 subdivision 1, is amended to read: 205.23 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The 205.24 commissioner may charge a reinspection fee for each reinspection 205.25 of a food handler that: 205.26 (1) is found with a major violation of requirements in 205.27 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 205.28 under one of those chapters; 205.29 (2) is found with a violation of section 31.02, 31.161, or 205.30 31.165, and requires a follow-up inspection after an 205.31 administrative meeting held pursuant to section 31.14; or 205.32 (3) fails to correct equipment and facility deficiencies as 205.33 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 205.34 or 34. The first reinspection of a firm with gross food sales 205.35 under $1,000,000 must be assessed at$25$75. The fee for a 205.36 firm with gross food sales over $1,000,000 is$50$100. The fee 206.1 for a subsequent reinspection of a firm for the same violation 206.2 is 50 percent of their current license fee or $200, whichever is 206.3 greater. The establishment must be issued written notice of 206.4 violations with a reasonable date for compliance listed on the 206.5 notice. An initial inspection relating to a complaint is not a 206.6 reinspection. 206.7 Sec. 39. Minnesota Statutes 2002, section 28A.09, 206.8 subdivision 1, is amended to read: 206.9 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 206.10 coin-operated food vending machine is subject to an annual state 206.11 inspection fee of$15$25 for each nonexempt machine except nut 206.12 vending machines which are subject to an annual state inspection 206.13 fee of$5$10 for each machine, provided that: 206.14 (a) Food vending machines may be inspected by either a home 206.15 rule charter or statutory city, or a county, but not both, and 206.16 if inspected by a home rule charter or statutory city, or a 206.17 county they shall not be subject to the state inspection fee, 206.18 but the home rule charter or statutory city, or the county may 206.19 impose an inspection or license fee of no more than the state 206.20 inspection fee. A home rule charter or statutory city or county 206.21 that does not inspect food vending machines shall not impose a 206.22 food vending machine inspection or license fee. 206.23 (b) Vending machines dispensing only gum balls, hard candy, 206.24 unsorted candy, or ice manufactured and packaged by another 206.25 shall be exempt from the state inspection fee, but may be 206.26 inspected by the state. A home rule charter or statutory city 206.27 may impose by ordinance an inspection or license fee of no more 206.28 than the state inspection fee for nonexempt machines on the 206.29 vending machines described in this paragraph. A county may 206.30 impose by ordinance an inspection or license fee of no more than 206.31 the state inspection fee for nonexempt machines on the vending 206.32 machines described in this paragraph which are not located in a 206.33 home rule charter or statutory city. 206.34 (c) Vending machines dispensing only bottled or canned soft 206.35 drinks are exempt from the state, home rule charter or statutory 206.36 city, and county inspection fees, but may be inspected by the 207.1 commissioner or the commissioner's designee. 207.2 Sec. 40. Minnesota Statutes 2002, section 32.394, 207.3 subdivision 8, is amended to read: 207.4 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 207.5 marketing organization of milk, milk products, sheep milk, or 207.6 goat milk who wishes to market Grade A milk or use the Grade A 207.7 label must apply for Grade A inspection service from the 207.8 commissioner. A pasteurization plant requesting Grade A 207.9 inspection service must hold a Grade A permit and pay an annual 207.10 inspection fee of no more than $500. For Grade A farm 207.11 inspection service, the fee must be no more than $50 per farm, 207.12 paid annually by the processor or by the marketing organization 207.13 on behalf of its patrons. For a farm requiring a reinspection 207.14 in addition to the required biannual inspections, an additional 207.15 fee ofno more than $25$45 per reinspection must be paid by the 207.16 processor or by the marketing organization on behalf of its 207.17 patrons.The Grade A farm inspection fee must not exceed the207.18lesser of (1) 40 percent of the department's actual average cost207.19per farm inspection or reinspection; or (2) the dollar limits207.20set in this subdivision. No fee increase may be implemented207.21until after the commissioner has held three or more public207.22hearings.207.23 Sec. 41. Minnesota Statutes 2002, section 32.394, 207.24 subdivision 8b, is amended to read: 207.25 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 207.26 processor or marketing organization of milk, milk products, 207.27 sheep milk, or goat milk who wishes to market other than Grade A 207.28 milk must apply for a manufacturing grade farm certification 207.29 inspection from the commissioner. A manufacturing plant that 207.30 pasteurizes milk or milk by-products must pay an annual fee 207.31 based on the number of pasteurization units. This fee must not 207.32 exceed $140 per unit. The fee for farm certification inspection 207.33 must not be more than $25 per farm to be paid annually by the 207.34 processor or by the marketing organization on behalf of its 207.35 patrons. For a farm requiring more than the one inspection for 207.36 certification, a reinspection fee ofno more than $25$45 must 208.1 be paid by the processor or by the marketing organization on 208.2 behalf of its patrons.The fee must be set by the commissioner208.3in an amount necessary to cover 40 percent of the department's208.4actual cost of providing the annual inspection but must not208.5exceed the limits in this subdivision. No fee increase may be208.6implemented until after the commissioner has held three or more208.7public hearings.208.8 Sec. 42. Minnesota Statutes 2002, section 32.394, 208.9 subdivision 8d, is amended to read: 208.10 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 208.11 pay to the commissioner a fee for fluid milk processed and milk 208.12 used in the manufacture of fluid milk products sold for retail 208.13 sale in Minnesota. Beginning May 1, 1993, the fee is six cents208.14per hundredweight. If the commissioner determines that a208.15different fee,in an amount not less than five cents and not 208.16 more than nine cents per hundredweight, when combined with208.17general fund appropriations and fees charged under sections208.1831.39 and 32.394, subdivision 8, is needed to provide adequate208.19funding for the Grades A and B inspection programs and the208.20administration and enforcement of Laws 1993, chapter 65, the208.21commissioner may, by rule, change the fee on processors within208.22the range provided within this subdivisionas set by the 208.23 commissioner's order except that beginning July 1, 2003, the fee 208.24 is set at seven cents per hundredweight and thereafter no change 208.25 within any 12-month period may be in excess of one cent per 208.26 hundredweight. 208.27 (b) Processors must report quantities of milk processed 208.28 under paragraph (a) on forms provided by the commissioner. 208.29 Processor fees must be paid monthly. The commissioner may 208.30 require the production of records as necessary to determine 208.31 compliance with this subdivision. 208.32 (c) The commissioner may create within the department a 208.33 dairy consulting program to provide assistance to dairy 208.34 producers who are experiencing problems meeting the sanitation 208.35 and quality requirements of the dairy laws and rules. 208.36 The commissioner may use money appropriated from the dairy 209.1 services account created in subdivision 9 to pay for the program 209.2 authorized in this paragraph. 209.3 Sec. 43. Minnesota Statutes 2002, section 35.155, is 209.4 amended to read: 209.5 35.155 [CERVIDAE IMPORT RESTRICTIONS.] 209.6(a)A person must not import cervidae into the state from a 209.7 herd that is infected or exposed to chronic wasting disease or 209.8 from a known chronic wasting disease endemic area, as determined 209.9 by the board. A person may import cervidae into the state only 209.10 from a herd that is not in a known chronic wasting disease 209.11 endemic area, as determined by the board, and the herd has been 209.12 subject to a state or provincial approved chronic wasting 209.13 disease monitoring program for at least three years. Cervidae 209.14 imported in violation of this section may be seized and 209.15 destroyed by the commissioner of natural resources. 209.16(b) This section expires on June 1, 2003.209.17 [EFFECTIVE DATE.] This section is effective the day 209.18 following final enactment. 209.19 Sec. 44. Minnesota Statutes 2002, section 38.02, 209.20 subdivision 1, is amended to read: 209.21 Subdivision 1. [PRO RATA DISTRIBUTION; CONDITIONS.] 209.22(1)(a) Money appropriated to aid county and district 209.23 agricultural societies and associations shall be distributed 209.24 among all county and district agricultural societies or 209.25 associations in the state pro rata, upon condition that each of 209.26 them has complied with the conditions specified inclause209.27(2)paragraph (b). 209.28(2)(b) To be eligible to participate insuchthe 209.29 distribution of aid, eachsuchagricultural society or 209.30 association(a)shall have: 209.31 (1) held an annual fair for each of the three years last 209.32 past, unless prevented from doing so because of a calamity or an 209.33 epidemic declared by the board of health as defined in section 209.34 145A.02, subdivision 2, or the state commissioner of health to 209.35 exist;(b) shall have209.36 (2) an annual membership of 25 or more;(c) shall have210.1 (3) paid out to exhibitors for premiums awarded at the last 210.2 fair held a sum not less than the amount to be received from the 210.3 state;(d) shall have210.4 (4) published and distributed not less than three weeks 210.5 before the opening day of the fair a premium list, listing all 210.6 items or articles on which premiums are offered and the amounts 210.7 of such premiums and shall have paid premiums pursuant to the 210.8 amount shown for each article or item to be exhibited; provided 210.9 that premiums for school exhibits may be advertised in the 210.10 published premium list by reference to a school premium list 210.11 prepared and circulated during the preceding school year; and 210.12 shall have collected all fees charged for entering an exhibit at 210.13 the time the entry was made and in accordance with schedule of 210.14 entry fees to be charged as published in the premium list;(e)210.15shall have210.16 (5) paid not more than one premium on each article or item 210.17 exhibited, excluding championship or sweepstake awards, and 210.18 excluding the payment of open class premium awards to 4H Club 210.19 exhibits which at this same fair had won a first prize award in 210.20 regular 4H Club competition;(f) shall haveand 210.21 (6) submitted its records and annual report to the 210.22 commissioner of agriculture on a form provided by the 210.23 commissioner of agriculture, on or before the first day of 210.24 November of thecurrentyear in which the fair was held. 210.25(3)(c) All payments authorized under the provisions of 210.26 this chapter shall be made only upon the presentation by the 210.27 commissioner of agriculture with the commissioner of finance of 210.28 a statement of premium allocations. As used herein the term 210.29 premium shall mean the cash award paid to an exhibitor for the 210.30 merit of an exhibit of livestock, livestock products, grains, 210.31 fruits, flowers, vegetables, articles of domestic science, 210.32 handicrafts, hobbies, fine arts, and articles made by school 210.33 pupils, or the cash award paid to the merit winner of events 210.34 such as 4H Club or Future Farmer Contest, Youth Group Contests, 210.35 school spelling contests and school current events contests, the 210.36 award corresponding to the amount offered in the advertised 211.1 premium list referred to in schedule 2. Payments of awards for 211.2 horse races, ball games, musical contests, talent contests, 211.3 parades, and for amusement features for which admission is 211.4 charged, are specifically excluded from consideration as 211.5 premiums within the meaning of that term as used herein. Upon 211.6 receipt of the statement by the commissioner of agriculture,it211.7shall be the duty ofthe commissioner of financetoshall draw a 211.8 voucher in favor of the agricultural society or association for 211.9 the amount to which it is entitled under the provisions of this 211.10 chapter, which. The amount shall be computed as follows: On 211.11 the first $750 premiums paid by each society or association at 211.12 the last fair held,suchthe society or association shall 211.13 receive 100 percent reimbursement; on the second $750 premiums 211.14 paid, 80 percent; on the third $750 premiums paid, 60 percent; 211.15 and on any sum in excess of $2,250, 40 percent. The 211.16 commissioner of finance shall make payments not later than July 211.17 15 of the year following the calendar year in which the annual 211.18 fair was held. 211.19(4)(d) If the total amount of state aid to which the 211.20 agricultural societies and associations are entitled under the 211.21 provisions of this chapter exceeds the amount of the 211.22 appropriation therefor, the amounts to which the societies or 211.23 associations are entitled shall be prorated so that the total 211.24 payments by the state will not exceed the appropriation. 211.25 Sec. 45. Minnesota Statutes 2002, section 41A.09, 211.26 subdivision 1, is amended to read: 211.27 Subdivision 1. [APPROPRIATION.] A sum sufficient to make 211.28 the payments required by this section is annually appropriated 211.29 from the general fund to the commissioner of agricultureand all211.30money so appropriated is available until expendedfor purposes 211.31 of developing ethanol production in Minnesota. 211.32 Sec. 46. Minnesota Statutes 2002, section 41A.09, 211.33 subdivision 2a, is amended to read: 211.34 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 211.35 the terms defined in this subdivision have the meanings given 211.36 them. 212.1 (a) "Ethanol" means fermentation ethyl alcohol derived from 212.2 agricultural products, including potatoes, cereal,grains, 212.3 cheese whey, and sugar beets; forest products; or other 212.4 renewable resources, including residue and waste generated from 212.5 the production, processing, and marketing of agricultural 212.6 products, forest products, and other renewable resources, that: 212.7 (1) meets all of the specifications in ASTM specification D 212.8 4806-88; and 212.9 (2) is denatured as specified in Code of Federal 212.10 Regulations, title 27, parts 20 and 21. 212.11 (b)"Wet alcohol" means agriculturally derived fermentation212.12ethyl alcohol having a purity of at least 50 percent but less212.13than 99 percent.212.14(c) "Anhydrous alcohol" means fermentation ethyl alcohol212.15derived from agricultural products as described in paragraph212.16(a), but that does not meet ASTM specifications or is not212.17denatured and is shipped in bond for further processing.212.18(d)"Ethanol plant" means a plant at which ethanol,212.19anhydrous alcohol, or wet alcoholis produced. 212.20 (c) "Commissioner" means the commissioner of agriculture. 212.21 Sec. 47. Minnesota Statutes 2002, section 41A.09, 212.22 subdivision 3a, is amended to read: 212.23 Subd. 3a. [ETHANOL PRODUCER PAYMENTS.] (a) The 212.24 commissionerof agricultureshall make cash payments to 212.25 producers of ethanol, anhydrous alcohol, and wet alcohollocated 212.26 in the state. These payments shall apply only to ethanol,212.27anhydrous alcohol, and wet alcohol fermented in the state and212.28produced at plantsthat have begun production by June 30, 2000. 212.29 For the purpose of this subdivision, an entity that holds a 212.30 controlling interest in more than one ethanol plant is 212.31 considered a single producer. The amount of the payment for 212.32 each producer's annual production,is:212.33(1)except as provided in paragraph(b)(c), is 20 cents 212.34 per gallon for each gallon of ethanolor anhydrous alcohol212.35 produced on or before June 30, 2000, or ten years after the 212.36 start of production, whichever is later, 19 cents per gallon;213.1and213.2(2) for each gallon produced of wet alcohol on or before213.3June 30, 2000, or ten years after the start of production,213.4whichever is later, a payment in cents per gallon calculated by213.5the formula "alcohol purity in percent divided by five," and213.6rounded to the nearest cent per gallon, but not less than 11213.7cents per gallon.213.8The producer payments for anhydrous alcohol and wet alcohol213.9under this section may be paid to either the original producer213.10of anhydrous alcohol or wet alcohol or the secondary processor,213.11at the option of the original producer, but not to both. 213.12 The first claim for production after June 30, 2003, must be 213.13 accompanied by a disclosure statement on a form provided by the 213.14 commissioner. The disclosure statement must include a detailed 213.15 description of the organization of the business structure of the 213.16 claimant listing the percentages of ownership by any person or 213.17 other entity with an ownership interest of five percent or 213.18 greater, the distribution of income received by the claimant, 213.19 including operating income and payments under this subdivision, 213.20 and any other relevant financial information requested by the 213.21 commissioner. The disclosure statement must include information 213.22 sufficient to demonstrate that a majority of the ultimate 213.23 beneficial interest in the entity receiving payments under this 213.24 section is owned by farmers or spouses of farmers, as defined in 213.25 section 500.24, residing in Minnesota. Subsequent quarterly 213.26 claims must report changes in ownership. Payments must not be 213.27 made to a claimant that has less than a majority of Minnesota 213.28 farmer control except that the commissioner may grant an 213.29 exemption from the farmer majority ownership requirement to a 213.30 claimant on the day following final enactment of this act that 213.31 has demonstrated greater than 40 percent farmer ownership which, 213.32 when combined with ownership interests of persons residing 213.33 within 30 miles of the plant, exceeds 50 percent. In addition, 213.34 a claimant located in a city of the first class which qualifies 213.35 for payments in all other respects is not subject to this 213.36 condition. Information provided under this paragraph is 214.1 nonpublic data under section 13.02, subdivision 9. 214.2 (b) No payments shall be made for ethanol production that 214.3 occurs after June 30, 2010. Nonetheless, catch-up payments may 214.4 be made either before or after June 30, 2010, for production 214.5 prior to June 30, 2010, if payments in the earlier quarters were 214.6 reduced because appropriated money was insufficient to make 214.7 timely payments in the amount provided in paragraph (a) to all 214.8 eligible producers. 214.9(b)(c) If the level of production at an ethanol plant 214.10 increases due to an increase in the production capacity of the 214.11 plant, the payment under paragraph (a), clause (1),applies to 214.12 the additional increment of production until ten years after the 214.13 increased production began. Once a plant's production capacity 214.14 reaches 15,000,000 gallons per year, no additional increment 214.15 will qualify for the payment. 214.16(c) The commissioner shall make payments to producers of214.17ethanol or wet alcohol in the amount of 1.5 cents for each214.18kilowatt hour of electricity generated using closed-loop biomass214.19in a cogeneration facility at an ethanol plant located in the214.20state. Payments under this paragraph shall be made only for214.21electricity generated at cogeneration facilities that begin214.22operation by June 30, 2000. The payments apply to electricity214.23generated on or before the date ten years after the producer214.24first qualifies for payment under this paragraph. Total214.25payments under this paragraph in any fiscal year may not exceed214.26$750,000. For the purposes of this paragraph:214.27(1) "closed-loop biomass" means any organic material from a214.28plant that is planted for the purpose of being used to generate214.29electricity or for multiple purposes that include being used to214.30generate electricity; and214.31(2) "cogeneration" means the combined generation of:214.32(i) electrical or mechanical power; and214.33(ii) steam or forms of useful energy, such as heat, that214.34are used for industrial, commercial, heating, or cooling214.35purposes.214.36(d) Payments under paragraphs (a) and (b) to all215.1producers may not exceed $35,150,000 in a fiscal year.(d) Total 215.2 payments under paragraphs (a) and(b)(c) to a producer in a 215.3 fiscal year may not exceed$2,850,000$3,000,000. 215.4 (e) By the last day of October, January, April, and July, 215.5 each producer shall file a claim for payment for ethanol,215.6anhydrous alcohol, and wet alcoholproduction during the 215.7 preceding three calendar months.A producer with more than one215.8plant shall file a separate claim for each plant.A producer 215.9 that files a claim under this subdivision shall include a 215.10 statement of the producer's total ethanol, anhydrous alcohol,215.11and wet alcoholproduction in Minnesota during the quarter 215.12 covered by the claim, including anhydrous alcohol and wet215.13alcoholproduced or received from an outside source.A producer215.14shall file a separate claim for any amount claimed under215.15paragraph (c).For each claim and statement of total ethanol,215.16anhydrous alcohol, and wet alcoholproduction filed under this 215.17 subdivision, the volume of ethanol, anhydrous alcohol, and wet215.18alcoholproductionor amounts of electricity generated using215.19closed-loop biomassmust be examined by an independent certified 215.20 public accountant in accordance with standards established by 215.21 the American Institute of Certified Public Accountants. 215.22 (f) Payments shall be made November 15, February 15, May 215.23 15, and August 15. A separate payment shall be made for each 215.24 claim filed.Except as provided in paragraph (j),The total 215.25 quarterly payment to a producer under this paragraph, excluding215.26amounts paid under paragraph (c),may not exceed $750,000. 215.27(g) If the total amount for which all producers are215.28eligible in a quarter under paragraph (c) exceeds the amount215.29available for payments, the commissioner shall make payments in215.30the order in which the plants covered by the claims began215.31generating electricity using closed-loop biomass.215.32(h) After July 1, 1997, new production capacity is only215.33eligible for payment under this subdivision if the commissioner215.34receives:215.35(1) an application for approval of the new production215.36capacity;216.1(2) an appropriate letter of long-term financial commitment216.2for construction of the new production capacity; and216.3(3) copies of all necessary permits for construction of the216.4new production capacity.216.5The commissioner may approve new production capacity based216.6on the order in which the applications are received.216.7(i)(g) The commissioner may not approve any new production 216.8 capacity after July 1, 1998, except that a producer with an 216.9 approved production capacity of at least 12,000,000 gallons per 216.10 year but less than 15,000,000 gallons per year prior to July 1, 216.11 1998, is approved for 15,000,000 gallons of production capacity. 216.12(j) Notwithstanding the quarterly payment limits of216.13paragraph (f), the commissioner shall make an additional payment216.14in the eighth quarter of each fiscal biennium to ethanol216.15producers for the lesser of: (1) 19 cents per gallon of216.16production in the eighth quarter of the biennium that is greater216.17than 3,750,000 gallons; or (2) the total amount of payments lost216.18during the first seven quarters of the biennium due to plant216.19outages, repair, or major maintenance. Total payments to an216.20ethanol producer in a fiscal biennium, including any payment216.21under this paragraph, must not exceed the total amount the216.22producer is eligible to receive based on the producer's approved216.23production capacity. The provisions of this paragraph apply216.24only to production losses that occur in quarters beginning after216.25December 31, 1999.216.26(k)(h) For the purposes of this subdivision "new 216.27 production capacity" means annual ethanol production capacity 216.28 that was not allowed under a permit issued by the pollution 216.29 control agency prior to July 1, 1997, or for which construction 216.30 did not begin prior to July 1, 1997. 216.31 Sec. 48. Minnesota Statutes 2002, section 41A.09, is 216.32 amended by adding a subdivision to read: 216.33 Subd. 3b. [LIMITATION ON ELIGIBILITY FOR PAYMENTS.] A 216.34 producer of ethanol is eligible for ethanol producer payments 216.35 under subdivision 3a only while the producer is in compliance 216.36 with the shareholder rights provisions of subdivision 3c. 217.1 Sec. 49. Minnesota Statutes 2002, section 41A.09, is 217.2 amended by adding a subdivision to read: 217.3 Subd. 3c. [BUSINESS ASSOCIATIONS PRODUCING ETHANOL; 217.4 SHAREHOLDER RIGHTS.] (a) A business association organized under 217.5 chapter 302A, 308A, or 322B that receives 25 percent or more of 217.6 its gross revenues from the sale of fuel-grade ethanol must 217.7 comply with this subdivision in addition to other applicable 217.8 state and federal laws. 217.9 (b) The provisions of the chapter of Minnesota Statutes 217.10 under which the business organization is established and any 217.11 amendments or successor requirements to that chapter apply to 217.12 every business association identified in paragraph (a). The 217.13 rights granted in this subdivision also apply to the spouse of 217.14 the shareholder. In addition to other requirements of law, a 217.15 business association must maintain records of all proceedings of 217.16 meetings of shareholders and directors during the previous 217.17 three-year period, including the vote of each director on roll 217.18 call votes. Roll call votes are required on actions that 217.19 directly establish marketing agreements, operational contracts, 217.20 and shareholder dividend payments. Roll call voting is also 217.21 required on any matter upon the request of one or more 217.22 directors. Every duly elected director of a business 217.23 association identified in paragraph (a) has the right to 217.24 inspect, in person and at any reasonable time, the business 217.25 records required by this paragraph. 217.26 (c) Meetings of the board of directors must be open to the 217.27 shareholders of the business and the shareholders' spouses. 217.28 Shareholders must be given notice of all scheduled meetings 217.29 except those of an emergency nature. Portions of meetings 217.30 relating to labor negotiations, current litigation, and 217.31 personnel matters are excluded from the provisions of this 217.32 paragraph. 217.33 (d) Notwithstanding the provisions of other law, upon 217.34 receipt of a written petition concerning governance matters 217.35 signed by at least 50 shareholders or five percent of the 217.36 shareholders, whichever is less, of a business association, the 218.1 matter in the petition must be presented to the shareholders for 218.2 a vote at the next annual or special meeting. A shareholder 218.3 wishing to have a matter heard at an annual or special meeting 218.4 must submit the petition to the business association not less 218.5 than 60 days prior to the scheduled annual meeting or special 218.6 meeting. For purposes of this subdivision, "governance matters" 218.7 means matters properly contained in the articles of 218.8 incorporation or bylaws by adopting, amending, or repealing 218.9 bylaws or the articles of incorporation. 218.10 (e) If the directors of a business association provide 218.11 information to shareholders to influence their votes on a matter 218.12 to be decided by a vote of the shareholders under a successful 218.13 petition submitted under paragraph (d), the directors must 218.14 provide the organizers of the petition or person presenting the 218.15 petition equal time and opportunity to include their position on 218.16 the matter to the shareholders in a substantially similar mode 218.17 and range of distribution. The organizers of the petition must 218.18 pay the costs of inclusion of their position. 218.19 (f) A business association subject to this subdivision must 218.20 include in its bylaws a provision allowing each duly elected 218.21 board member access to each current ethanol marketing contract 218.22 or operating contract entered into by the business association 218.23 and transactions conducted under the marketing contract. 218.24 Further, the bylaws must provide that each current ethanol 218.25 marketing or operating contract, and all ethanol marketing and 218.26 operating contracts in effect during the previous two years, and 218.27 transactions conducted under the marketing contracts, be made 218.28 available for examination by the commissioner of agriculture or 218.29 the commissioner's designated representative. Marketing and 218.30 operating information examined by the commissioner or the 218.31 commissioner's designated representative is nonpublic data under 218.32 section 13.02, subdivision 9. 218.33 (g) A business association subject to this subdivision that 218.34 is organized after the effective date of this section must 218.35 include the provisions of this section in its bylaws or articles 218.36 of incorporation. A business association in existence prior to 219.1 the effective date of this subdivision must adopt amendments to 219.2 its bylaws or articles of incorporation in compliance with these 219.3 provisions not later than 12 months after the effective date. 219.4 Sec. 50. Minnesota Statutes 2002, section 116.07, 219.5 subdivision 7a, is amended to read: 219.6 Subd. 7a. [NOTICE OF APPLICATION FOR LIVESTOCK FEEDLOT 219.7 PERMIT.] (a) A person who applies to the pollution control 219.8 agency or a county board for a permit to construct or expand a 219.9 feedlot with a capacity of 500 animal units or more shall, 219.10 notlaterless than ten business daysafter the application is219.11submittedbefore the date on which a permit is issued, provide 219.12 notice to each resident and each owner of real property within 219.13 5,000 feet of the perimeter of the proposed feedlot. The notice 219.14 may be delivered by first class mail, in person, or by the 219.15 publication in a newspaper of general circulation within the 219.16 affected area and must include information on the type of 219.17 livestock and the proposed capacity of the feedlot. 219.18 Notification under this subdivision is satisfied under an equal 219.19 or greater notification requirement of a county conditional use 219.20 permit. 219.21 (b) The agency or a county board must verify that notice 219.22 was provided as required under paragraph (a) prior to issuing a 219.23 permit. 219.24 Sec. 51. Minnesota Statutes 2002, section 116D.04, 219.25 subdivision 2a, is amended to read: 219.26 Subd. 2a. Where there is potential for significant 219.27 environmental effects resulting from any major governmental 219.28 action, the action shall be preceded by a detailed environmental 219.29 impact statement prepared by the responsible governmental unit. 219.30 The environmental impact statement shall be an analytical rather 219.31 than an encyclopedic document which describes the proposed 219.32 action in detail, analyzes its significant environmental 219.33 impacts, discusses appropriate alternatives to the proposed 219.34 action and their impacts, and explores methods by which adverse 219.35 environmental impacts of an action could be mitigated. The 219.36 environmental impact statement shall also analyze those 220.1 economic, employment and sociological effects that cannot be 220.2 avoided should the action be implemented. To ensure its use in 220.3 the decision making process, the environmental impact statement 220.4 shall be prepared as early as practical in the formulation of an 220.5 action. 220.6 (a) The board shall by rule establish categories of actions 220.7 for which environmental impact statements and for which 220.8 environmental assessment worksheets shall be prepared as well as 220.9 categories of actions for which no environmental review is 220.10 required under this section. 220.11 (b) The responsible governmental unit shall promptly 220.12 publish notice of the completion of an environmental assessment 220.13 worksheet in a manner to be determined by the board and shall 220.14 provide copies of the environmental assessment worksheet to the 220.15 board and its member agencies. Comments on the need for an 220.16 environmental impact statement may be submitted to the 220.17 responsible governmental unit during a 30 day period following 220.18 publication of the notice that an environmental assessment 220.19 worksheet has been completed. The responsible governmental 220.20 unit's decision on the need for an environmental impact 220.21 statement shall be based on the environmental assessment 220.22 worksheet and the comments received during the comment period, 220.23 and shall be made within 15 days after the close of the comment 220.24 period. The board's chair may extend the 15 day period by not 220.25 more than 15 additional days upon the request of the responsible 220.26 governmental unit. 220.27 (c) An environmental assessment worksheet shall also be 220.28 prepared for a proposed action whenever material evidence 220.29 accompanying a petition by not less than 25 individuals, 220.30 submitted before the proposed project has received final 220.31 approval by the appropriate governmental units, demonstrates 220.32 that, because of the nature or location of a proposed action, 220.33 there may be potential for significant environmental effects. 220.34 Petitions requesting the preparation of an environmental 220.35 assessment worksheet shall be submitted to the board. The chair 220.36 of the board shall determine the appropriate responsible 221.1 governmental unit and forward the petition to it. A decision on 221.2 the need for an environmental assessment worksheet shall be made 221.3 by the responsible governmental unit within 15 days after the 221.4 petition is received by the responsible governmental unit. The 221.5 board's chair may extend the 15 day period by not more than 15 221.6 additional days upon request of the responsible governmental 221.7 unit. Except in an environmentally sensitive location where 221.8 Minnesota Rules, part 4410.4300, subpart 29, item B, applies, 221.9 the proposed action is exempt from Minnesota Rules, parts 221.10 4410.0200 to 4410.6500, if: 221.11 (1) it is: 221.12 (i) an animal feedlot facility with a capacity of less than 221.13 1,000 animal units; or 221.14 (ii) an expansion of an existing animal feedlot facility by 221.15 less than 1,000 animal units; and 221.16 (2) the application for the animal feedlot facility 221.17 includes a written commitment by the proposer to design, 221.18 construct, and operate the facility in full compliance with 221.19 Minnesota Rules, chapter 7020. 221.20 (d) The board may, prior to final approval of a proposed 221.21 project, require preparation of an environmental assessment 221.22 worksheet by a responsible governmental unit selected by the 221.23 board for any action where environmental review under this 221.24 section has not been specifically provided for by rule or 221.25 otherwise initiated. 221.26 (e) An early and open process shall be utilized to limit 221.27 the scope of the environmental impact statement to a discussion 221.28 of those impacts, which, because of the nature or location of 221.29 the project, have the potential for significant environmental 221.30 effects. The same process shall be utilized to determine the 221.31 form, content and level of detail of the statement as well as 221.32 the alternatives which are appropriate for consideration in the 221.33 statement. In addition, the permits which will be required for 221.34 the proposed action shall be identified during the scoping 221.35 process. Further, the process shall identify those permits for 221.36 which information will be developed concurrently with the 222.1 environmental impact statement. The board shall provide in its 222.2 rules for the expeditious completion of the scoping process. 222.3 The determinations reached in the process shall be incorporated 222.4 into the order requiring the preparation of an environmental 222.5 impact statement. 222.6 (f) Whenever practical, information needed by a 222.7 governmental unit for making final decisions on permits or other 222.8 actions required for a proposed project shall be developed in 222.9 conjunction with the preparation of an environmental impact 222.10 statement. 222.11 (g) An environmental impact statement shall be prepared and 222.12 its adequacy determined within 280 days after notice of its 222.13 preparation unless the time is extended by consent of the 222.14 parties or by the governor for good cause. The responsible 222.15 governmental unit shall determine the adequacy of an 222.16 environmental impact statement, unless within 60 days after 222.17 notice is published that an environmental impact statement will 222.18 be prepared, the board chooses to determine the adequacy of an 222.19 environmental impact statement. If an environmental impact 222.20 statement is found to be inadequate, the responsible 222.21 governmental unit shall have 60 days to prepare an adequate 222.22 environmental impact statement. 222.23 Sec. 52. Minnesota Statutes 2002, section 116D.04, 222.24 subdivision 10, is amended to read: 222.25 Subd. 10. Decisions on the need for an environmental 222.26 assessment worksheet, the need for an environmental impact 222.27 statement and the adequacy of an environmental impact statement 222.28 may be reviewed by a declaratory judgment action in thedistrict222.29 court ofthe county wherein the proposed action, or any part222.30thereof, would be undertakenappeals brought by any person 222.31 aggrieved by the decision. Judicial review under this section 222.32 shall be initiated within 30 days after the governmental unit 222.33 makes the decision, and a bond may be required under section 222.34 562.02 unless at the time of hearing on the application for the 222.35 bond the plaintiff has shown that the claim has sufficient 222.36 possibility of success on the merits to sustain the burden 223.1 required for the issuance of a temporary restraining order. 223.2 Nothing in this section shall be construed to alter the 223.3 requirements for a temporary restraining order or a preliminary 223.4 injunction pursuant to the Minnesota rules of civil procedure 223.5 for district courts. The board may initiate judicial review of 223.6 decisions referred to herein and may intervene as of right in 223.7 any proceeding brought under this subdivision. 223.8 Sec. 53. Minnesota Statutes 2002, section 116D.04, 223.9 subdivision 11, is amended to read: 223.10 Subd. 11. If the board or governmental unit which is 223.11 required to act within a time period specified in this section 223.12 fails to so act, any person may seekan order of the district223.13courtrelief through the court of appeals requiring the board or 223.14 governmental unit to immediately take the action mandated by 223.15 subdivisions 2a and 3a. The court of appeals shall make a 223.16 decision based on the information and record supplied by the 223.17 responsible governmental unit. 223.18 Sec. 54. Minnesota Statutes 2002, section 116D.04, 223.19 subdivision 13, is amended to read: 223.20 Subd. 13. This section may be enforced byinjunction,223.21action to compel performance, or otherappropriate action in the 223.22district court of the county where the violation takes223.23placecourt of appeals. The court of appeals shall have full 223.24 jurisdiction to hear and determine the matter appealed. The 223.25 proceeding may be governed by the Rules of Civil Appellate 223.26 Procedure. Upon the request of the board or the chair of the 223.27 board, the attorney general may bring an action under this 223.28 subdivision. 223.29 Sec. 55. Minnesota Statutes 2002, section 116O.09, 223.30 subdivision 1, is amended to read: 223.31 Subdivision 1. [ESTABLISHMENT.] The agricultural 223.32utilization research instituteinnovation center is established 223.33as a nonprofit corporation under section 501(c)(3) of the223.34Internal Revenue Code of 1986, as amended. The agricultural223.35utilization research institute shallwithin the department of 223.36 agriculture to promote the establishment of new products and 224.1 product uses and the expansion of existing markets for the 224.2 state's agricultural commodities and products, including direct 224.3 financial and technical assistance for Minnesota entrepreneurs. 224.4 Theinstitute must be located near an existing agricultural224.5research facility in the agricultural region of the224.6statecommissioner must establish or maintain facilities for the 224.7 center. The center shall work with private and public entities 224.8 to leverage the resources available to achieve maximum results 224.9 for Minnesota agriculture. 224.10 Sec. 56. Minnesota Statutes 2002, section 116O.09, 224.11 subdivision 1a, is amended to read: 224.12 Subd. 1a. [BOARD OF DIRECTORS.] The board of directors of 224.13 the agriculturalutilization research instituteinnovation 224.14 center is comprised of: 224.15 (1) the chairs of the senate and the house of 224.16 representatives standing committees with jurisdiction over 224.17 agriculturepolicyfinance or the chair's designee who shall be 224.18 nonvoting members of the board; 224.19 (2) the commissioner or the commissioner's designee; 224.20 (3) the dean of the college of agriculture of the 224.21 University of Minnesota or the dean's representative; 224.22(2)(4) two representatives of statewide farm organizations 224.23 appointed by the commissioner; 224.24(3)(5) two representatives of agribusiness, one of whom is224.25a member of the Minnesota Technology, Inc. board representing224.26agribusinessappointed by the commissioner; and 224.27(4)(6) three representatives of the commodity promotion 224.28 councils appointed by the commissioner. 224.29 A member of the board of directors under clauses(1) to(4) 224.30 to (6), including a member serving on July 1, 2003, may 224.31designate a permanent or temporary replacement member224.32representing the same constituencyserve for a maximum of two 224.33 three-year terms. Board members appointed by the commissioner 224.34 serve at the pleasure of the governor. The board's compensation 224.35 is governed by section 15.0575, subdivision 3. 224.36 Sec. 57. Minnesota Statutes 2002, section 116O.09, 225.1 subdivision 2, is amended to read: 225.2 Subd. 2. [DUTIES.] (a) In addition to the duties and 225.3 powers assigned to the institutes in section 116O.08, the 225.4 agriculturalutilization research instituteinnovation center 225.5 shall: 225.6 (1) identifythe various market segments characterized by225.7Minnesota's agricultural industry, address each segment's225.8individual needs, and identifydevelopment opportunitiesin each225.9segmentfor agricultural products; 225.10 (2)develop andimplement autilizationprogramfor each225.11segmentthataddresses its development needs andidentifies 225.12 techniques to meet thoseneedsopportunities; 225.13 (3) monitor and coordinate research among the public and 225.14 private organizations and individuals specifically addressing 225.15 procedures to transfer new technology to businesses, farmers, 225.16 and individuals; 225.17 (4) provide research grants to public and private 225.18 educational institutions and other organizations that are 225.19 undertaking basic and applied researchthat wouldto promote the 225.20 development ofthe variousemerging agricultural industries;and225.21 (5)provide financial assistance including, but not limited225.22to: (i) direct loans, guarantees, interest subsidy payments,225.23and equity investments; and (ii) participation in loan225.24participations. The board of directors shall establish the225.25terms and conditions of the financial assistance.assist 225.26 organizations and individuals with market analysis and product 225.27 marketing implementations; 225.28 (6) to the extent possible earn and receive revenue from 225.29 contracts, patents, licenses, royalties, grants, 225.30 fees-for-service, and memberships; 225.31 (7) work with other divisions within the department of 225.32 agriculture, the United States Department of Agriculture, the 225.33 department of trade and economic development, and other agencies 225.34 to maximize marketing opportunities locally, nationally, and 225.35 internationally; and 225.36 (8) leverage available funds from federal, state, and 226.1 private sources to develop new markets and value added 226.2 opportunities for Minnesota agricultural products. 226.3 (b) Theagricultural utilization research226.4institutecommissioner shall recommend to the board of directors 226.5shall have the sole approval authority for establishing226.6agricultural utilization researchpriorities, requests for 226.7 proposals to meet those priorities, awarding of grants, hiring 226.8 and direction of personnel, and other expenditures of funds 226.9 consistent with the adopted and approved mission and goals of 226.10 the agriculturalutilization research instituteinnovation 226.11 center.The actions and expenditures of the agricultural226.12utilization research institute are subject to audit and regular226.13annual report to the legislature in general and specifically the226.14house of representatives agriculture committee, the senate226.15agriculture and rural development committee, the house of226.16representatives environment and natural resources finance226.17committee, and the senate environment and agriculture budget226.18division.The center shall annually report by February 1 to the 226.19 senate and house of representative standing committees with 226.20 jurisdiction over agricultural policy and funding. The report 226.21 must list projects initiated, progress on projects, and 226.22 financial information relating to expenditures, income from 226.23 other sources, and other information to allow the chairs to 226.24 evaluate the effectiveness of the center's activities. 226.25 Sec. 58. Minnesota Statutes 2002, section 116O.09, 226.26 subdivision 3, is amended to read: 226.27 Subd. 3. [STAFF.] The commissioner, at the direction of 226.28 the board of directors, shallhireprovide stafffor the226.29agricultural utilization research institute. Persons employed226.30by the agricultural utilization research institute are not state226.31employees and may participate in state retirement, deferred226.32compensation, insurance, or other plans that apply to state226.33employees generally and are subject to regulation by the state226.34campaign finance and public disclosure boardand administrative 226.35 support for the center as needed within the resources 226.36 available. The staff shall include a division director for the 227.1 center. 227.2 Sec. 59. Minnesota Statutes 2002, section 116O.09, 227.3 subdivision 9, is amended to read: 227.4 Subd. 9. [MEETINGS.] The board of directors shall meet at 227.5 least twice each year and may hold additional meetings upon 227.6 giving notice in accordance withthe bylaws of the227.7institutechapter 13D. Board meetings are subject to chapter 227.8 13D, except section 13D.01, subdivision1b6, paragraph (a), as 227.9 it pertains to financial information, business plans, income and 227.10 expense projections, customer lists, market and feasibility 227.11 studies, and trade secret information as defined by section 227.12 13.37, subdivision 1, paragraph (b). This information is 227.13 nonpublic data under chapter 13. 227.14 Sec. 60. Minnesota Statutes 2002, section 116O.09, 227.15 subdivision 12, is amended to read: 227.16 Subd. 12. [FUNDS.] Theinstitutecenter may accept and use 227.17 gifts, grants, or contributions from any source. Unless 227.18 otherwise restricted by the terms of a gift or bequest, the 227.19boardcenter may sell, exchange, or otherwise dispose of and 227.20 invest or reinvest the money, securities, or other property 227.21 given or bequested to it. The principal of these funds, the 227.22 income from them, and all other revenues received by it from any 227.23 nonstate source must beplaced in the depositories the board227.24determinesdeposited in the state treasury and credited to the 227.25 agricultural innovation center account and is subject to 227.26 expenditure for theboard'scenter's purposes.Expenditures of227.27more than $25,000 must be approved by the full board.227.28 Sec. 61. Minnesota Statutes 2002, section 116O.09, is 227.29 amended by adding a subdivision to read: 227.30 Subd. 12a. [AGRICULTURAL INNOVATION CENTER ACCOUNT.] An 227.31 agricultural innovation center account is established in the 227.32 agricultural fund in the state treasury. All gifts, grants, or 227.33 contributions from any source received by the department of 227.34 agriculture for agricultural innovation shall be deposited in 227.35 the state treasury and credited to the agricultural innovation 227.36 center account. Unless otherwise restricted by the terms of the 228.1 gift or bequest, the department of agriculture may sell, 228.2 exchange, or otherwise dispose of any gift or bequest. The 228.3 proceeds from the sale or disposal shall be deposited in the 228.4 agriculture innovation center account. 228.5 All negotiable assets transferred from the agricultural 228.6 innovation center under subdivision 14 shall be deposited into 228.7 the agricultural innovation account. 228.8 Money in the account, including interest earned, is 228.9 appropriated to the commissioner for the administration of this 228.10 section. 228.11 Sec. 62. Minnesota Statutes 2002, section 116O.09, 228.12 subdivision 13, is amended to read: 228.13 Subd. 13. [ACCOUNTS; AUDITSDEFINITIONS.]The institute228.14may establish funds and accounts that it finds convenient. The228.15board shall provide for and pay the cost of an independent228.16annual audit of its official books and records by the228.17legislative auditor subject to sections 3.971 and 3.972. A copy228.18of this audit shall be filed with the secretary of state.228.19 For purposes of this section,"institute""center" means 228.20 the agriculturalutilization research instituteinnovation 228.21 center established under this section and "board of directors" 228.22 means the board of directors of the agriculturalutilization228.23research instituteinnovation center and "commissioner" means 228.24 the commissioner of agriculture. 228.25 Sec. 63. Minnesota Statutes 2002, section 116O.09, is 228.26 amended by adding a subdivision to read: 228.27 Subd. 14. [TRANSFER.] The commissioner of administration, 228.28 in consultation with the commissioner of agriculture, shall take 228.29 measures necessary to transfer the functions, assets, and 228.30 liabilities from the corporation established under this section 228.31 to the department of agriculture. During the transition period 228.32 the commissioner of agriculture must be fully informed of all 228.33 expenditures of the corporation. There is no obligation for the 228.34 commissioner to pay state funds for projects or operations of 228.35 the agricultural utilization research institute beyond October 228.36 1, 2003, unless approved by the board and the commissioner. 229.1 Sec. 64. Minnesota Statutes 2002, section 144.98, is 229.2 amended by adding a subdivision to read: 229.3 Subd. 6. [OPTIMIZATION OF DRINKING WATER TESTS.] A 229.4 laboratory certified to perform tests on drinking water samples 229.5 must include, with each report on test results returned to the 229.6 owner or user of a private water well, printed or Web 229.7 information from the department of agriculture and department of 229.8 health describing additional tests or information that may be 229.9 beneficial to the well user. 229.10 Sec. 65. [REVISOR'S INSTRUCTION.] 229.11 The revisor shall change the term "agricultural utilization 229.12 research institute" to "agricultural innovation center" in 229.13 Minnesota Statutes and change "institute" to "center" in 229.14 Minnesota Statutes, section 116O.09. The revisor shall recodify 229.15 Minnesota Statutes, section 116O.09 into Minnesota Statutes, 229.16 chapter 17. 229.17 Sec. 66. [REPEALER.] 229.18 Minnesota Statutes 2002, sections 17.110; 18.51; 18.52; 229.19 18.53; 18.54; 18.79, subdivisions 1, 7, and 11; 18.85; 41A.09, 229.20 subdivisions 1a, 5a, 6, 7, and 8, are repealed. 229.21 Sec. 67. [REPEALER; MINNESOTA RULES.] 229.22 Minnesota Rules, part 1510.0281, is repealed. 229.23 Sec. 68. [EFFECTIVE DATE.] 229.24 Except as otherwise provided, this article is effective 229.25 July 1, 2003.