1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am
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 economic development purposes; establishing and 1.5 modifying certain programs; reorganizing environmental 1.6 agencies; providing for regulation of certain 1.7 activities and practices; providing for accounts, 1.8 assessments, and fees; amending Minnesota Statutes 1.9 2004, sections 15.01; 16A.125, subdivision 5; 17.03, 1.10 subdivision 13; 17.117, by adding a subdivision; 1.11 18B.08, subdivision 4; 18B.26, subdivision 3; 18B.31, 1.12 subdivision 5; 18B.315, subdivision 6; 18B.32, 1.13 subdivision 6; 18B.33, subdivision 7; 18B.34, 1.14 subdivision 5; 18C.141, subdivisions 1, 3, 5; 18C.425, 1.15 subdivision 6; 18E.03, subdivision 2; 18G.10, 1.16 subdivisions 5, 7; 18H.07, subdivisions 1, 2, 3; 1.17 19.64, subdivision 1; 25.341, subdivision 2; 25.39, 1.18 subdivisions 1, 4; 60A.14, subdivision 1; 60K.55, 1.19 subdivision 2; 72B.04, subdivision 10; 82B.09, 1.20 subdivision 1; 84.631; 85.052, subdivision 4; 85.055, 1.21 subdivision 2, by adding a subdivision; 85.42; 89.039, 1.22 subdivision 1; 89.37, by adding a subdivision; 93.22, 1.23 subdivision 1; 97A.071, subdivision 2; 97A.075; 1.24 103G.271, subdivision 6; 103G.301, subdivision 2; 1.25 103I.681, subdivision 11; 115A.06, subdivision 5; 1.26 115A.07, subdivision 1; 115A.15, subdivision 7; 1.27 115A.38, subdivision 1; 116.03, subdivision 1; 116.07, 1.28 subdivision 4b; 116C.779, subdivision 2; 116J.551, 1.29 subdivision 1; 116J.63, subdivision 2; 116J.8731, 1.30 subdivision 5; 168.1296, subdivision 1; 183.41, by 1.31 adding a subdivision; 183.411, subdivisions 2a, 3; 1.32 183.42; 183.44, subdivision 1; 183.51, subdivision 2, 1.33 by adding a subdivision; 183.545; 183.57; 216C.41, 1.34 subdivisions 2, 5, 5a; 223.17, subdivision 3; 231.16; 1.35 232.22, subdivision 3; 236.02, subdivision 4; 282.09, 1.36 by adding a subdivision; 297H.13, subdivision 2; 1.37 326.975, subdivision 1; 345.47, subdivisions 3, 3a; 1.38 373.40, subdivisions 1, 3; 462A.05, subdivision 3a; 1.39 462A.33, subdivision 2; 473.846; 517.08, subdivisions 1.40 1b, 1c; proposing coding for new law in Minnesota 1.41 Statutes, chapters 25; 45; 84; 92; 93; 116; 477A; 1.42 repealing Minnesota Statutes 2004, sections 18B.065, 1.43 subdivision 5; 19.64, subdivision 4a; 45.0295; 84.901; 1.44 115A.03, subdivisions 8a, 22a; 115A.055, subdivision 1.45 1; 115A.158, subdivision 3; 115D.03, subdivision 4; 1.46 116.02, subdivision 5; 116.04; 116J.58, subdivision 3; 2.1 462C.15; 473.801, subdivision 6. 2.2 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.3 ARTICLE 1 2.4 AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS 2.5 Section 1. [AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATIONS.] 2.6 The sums shown in the columns marked "APPROPRIATIONS" are 2.7 appropriated from the general fund, or another named fund, to 2.8 the agencies and for the purposes specified in this article, to 2.9 be available for the fiscal years indicated for each purpose. 2.10 The figures "2006" and "2007," where used in this article, mean 2.11 that the appropriation or appropriations listed under them are 2.12 available for the fiscal year ending June 30, 2006, or June 30, 2.13 2007, respectively. The term "the first year" means the year 2.14 ending June 30, 2006, and the term "the second year" means the 2.15 year ending June 30, 2007. 2.16 SUMMARY BY FUND 2.17 2006 2007 TOTAL 2.18 General $ 43,914,000 $ 41,558,000 $ 85,472,000 2.19 Remediation 388,000 388,000 776,000 2.20 TOTAL $ 44,302,000 $ 41,946,000 $ 86,248,000 2.21 APPROPRIATIONS 2.22 Available for the Year 2.23 Ending June 30 2.24 2006 2007 2.25 Sec. 2. DEPARTMENT OF AGRICULTURE 2.26 Subdivision 1. Total 2.27 Appropriation 39,743,000 37,385,000 2.28 Summary by Fund 2.29 General 39,355,000 36,997,000 2.30 Remediation 388,000 388,000 2.31 The amounts that may be spent from this 2.32 appropriation for each program are 2.33 specified in the following subdivisions. 2.34 Subd. 2. Protection Services 2.35 10,361,000 10,361,000 2.36 Summary by Fund 2.37 General 9,973,000 9,973,000 2.38 Remediation 388,000 388,000 2.39 $388,000 the first year and $388,000 3.1 the second year are from the 3.2 remediation fund for administrative 3.3 funding for the voluntary cleanup 3.4 program. 3.5 The balance in the waste pesticide 3.6 account in the agricultural fund is 3.7 canceled to the pesticide regulatory 3.8 account in the agricultural fund and 3.9 the waste pesticide account is 3.10 abolished. 3.11 Subd. 3. Agricultural Marketing 3.12 and Development 4,097,000 4,097,000 3.13 $71,000 the first year and $71,000 the 3.14 second year are for transfer to the 3.15 Minnesota grown matching account and 3.16 may be used as grants for Minnesota 3.17 grown promotion under Minnesota 3.18 Statutes, section 17.109. Grants may 3.19 be made for one year. Notwithstanding 3.20 Minnesota Statutes, section 16A.28, the 3.21 appropriations encumbered under 3.22 contract on or before June 30, 2007, 3.23 for Minnesota grown grants in this 3.24 subdivision are available until June 3.25 30, 2009. 3.26 $80,000 the first year and $80,000 the 3.27 second year are for grants to farmers 3.28 for demonstration projects involving 3.29 sustainable agriculture as authorized 3.30 in Minnesota Statutes, section 17.116. 3.31 Of the amount for grants, up to $20,000 3.32 may be used for dissemination of 3.33 information about the demonstration 3.34 projects. Notwithstanding Minnesota 3.35 Statutes, section 16A.28, the 3.36 appropriations encumbered under 3.37 contract on or before June 30, 2007, 3.38 for sustainable agriculture grants in 3.39 this subdivision are available until 3.40 June 30, 2009. 3.41 The commissioner may reduce 3.42 appropriations for the administration 3.43 of activities in this subdivision by up 3.44 to $135,000 each year and transfer the 3.45 amounts reduced to activities under 3.46 subdivision 5. 3.47 Subd. 4. Value-Added Agricultural Products 3.48 18,745,000 15,268,000 3.49 $18,745,000 the first year and 3.50 $15,268,000 the second year are for 3.51 ethanol producer payments under 3.52 Minnesota Statutes, section 41A.09. 3.53 Payments for eligible ethanol 3.54 production in fiscal years 2006 and 3.55 2007 shall be disbursed at the rate of 3.56 $0.13 per gallon, and the base 3.57 appropriation amounts for scheduled 3.58 payments in fiscal years 2008 and 2009 3.59 must be calculated as the projected 3.60 eligible production in those years 3.61 times a payment rate of $0.13 per 3.62 gallon. If the total amount for which 3.63 all producers are eligible in a quarter 4.1 exceeds the amount available for 4.2 payments, the commissioner shall make 4.3 payments on a pro rata basis. If the 4.4 appropriation exceeds the total amount 4.5 for which all producers are eligible in 4.6 a fiscal year for scheduled payments 4.7 and for deficiencies in payments during 4.8 previous fiscal years, the balance in 4.9 the appropriation is available to the 4.10 commissioner for value-added 4.11 agricultural programs including the 4.12 value-added agricultural product 4.13 processing and marketing grant program 4.14 under Minnesota Statutes, section 4.15 17.101, subdivision 5. The 4.16 appropriation remains available until 4.17 spent. 4.18 Subd. 5. Administration and Financial Assistance 4.19 6,540,000 7,659,000 4.20 $1,005,000 the first year and 4.21 $1,005,000 the second year are for 4.22 continuation of the dairy development 4.23 and profitability enhancement and dairy 4.24 business planning grant programs 4.25 established under Laws 1997, chapter 4.26 216, section 7, subdivision 2, and Laws 4.27 2001, First Special Session chapter 2, 4.28 section 9, subdivision 2. The 4.29 commissioner may allocate the available 4.30 sums among permissible activities, 4.31 including efforts to improve the 4.32 quality of milk produced in the state 4.33 in the proportions that the 4.34 commissioner deems most beneficial to 4.35 Minnesota's dairy farmers. The 4.36 commissioner must submit a work plan 4.37 detailing plans for expenditures under 4.38 this program to the chairs of the house 4.39 and senate committees dealing with 4.40 agricultural policy and budget on or 4.41 before the start of each fiscal year. 4.42 If significant changes are made to the 4.43 plans in the course of the year, the 4.44 commissioner must notify the chairs. 4.45 $50,000 the first year and $50,000 the 4.46 second year are for the Northern Crops 4.47 Institute. These appropriations may be 4.48 spent to purchase equipment. 4.49 $19,000 the first year and $19,000 the 4.50 second year are for a grant to the 4.51 Minnesota Livestock Breeders 4.52 Association. 4.53 $1,000 the first year and $1,000 the 4.54 second year are for family farm 4.55 security interest payment adjustments. 4.56 If the appropriation for either year is 4.57 insufficient, the appropriation for the 4.58 other year is available for it. No new 4.59 loans may be approved in fiscal year 4.60 2006 or 2007. 4.61 Aid payments to county and district 4.62 agricultural societies and associations 4.63 under Minnesota Statutes, section 4.64 38.02, subdivision 1, must be disbursed 5.1 not later than July 15 for annual fairs 5.2 held in the previous calendar year. 5.3 Sec. 3. BOARD OF ANIMAL 5.4 HEALTH 2,959,000 2,961,000 5.5 Sec. 4. AGRICULTURAL UTILIZATION 5.6 RESEARCH INSTITUTE 1,600,000 1,600,000 5.7 Sec. 5. Minnesota Statutes 2004, section 17.03, 5.8 subdivision 13, is amended to read: 5.9 Subd. 13. [SEMIANNUAL REPORTS.] (a)By October 15 and5.10April 15 of each year,The commissioner shall submit to the 5.11 legislative committees having jurisdiction over appropriations 5.12 from the agricultural fund in section 16A.531a reportreports 5.13 on the amount of revenue raised in each fee account within the 5.14 fund, the expenditures from each account, and the purposes for 5.15 which the expenditures were made. The reports must be issued in 5.16 February and November each year, to coincide with the forecasts 5.17 of revenue and expenditures prepared under section 16A.103. 5.18 (b) The report deliveredon October 15in February of each 5.19 year must include the commissioner's recommendations, if any, 5.20 for changes in statutes relating to the fee accounts of the 5.21 agricultural fund. 5.22 Sec. 6. Minnesota Statutes 2004, section 17.117, is 5.23 amended by adding a subdivision to read: 5.24 Subd. 5b. [APPLICATION FEE.] The commissioner may impose a 5.25 nonrefundable application fee of $50 for each loan issued under 5.26 the program. The fees must be credited to the agricultural best 5.27 management practices administration account, which is hereby 5.28 established in the agricultural fund. Interest earned in the 5.29 account accrues to the account. Money in the account and 5.30 interest earned in the accounts established in the agricultural 5.31 fund under subdivision 5a are appropriated to the commissioner 5.32 for administrative expenses of the program. 5.33 Sec. 7. Minnesota Statutes 2004, section 18B.08, 5.34 subdivision 4, is amended to read: 5.35 Subd. 4. [APPLICATION FEE.] A personinitiallyapplying 5.36 for a chemigation permit must pay a nonrefundable application 5.37 fee of$50$250. A person who holds a fertilizer chemigation 6.1 permit under section 18C.205, is exempt from the fee in this 6.2 subdivision. 6.3 Sec. 8. Minnesota Statutes 2004, section 18B.26, 6.4 subdivision 3, is amended to read: 6.5 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 6.6 annual application fee for each pesticide to be registered, and 6.7 this fee is set at one-tenth of one percent for calendar year 6.8 1990, at one-fifth of one percent for calendar year 1991, and at 6.9 two-fifths of one percent for calendar year 1992 and thereafter 6.10 of annual gross sales within the state and annual gross sales of 6.11 pesticides used in the state, with a minimum nonrefundable fee 6.12 of $250. The registrant shall determine when and which 6.13 pesticides are sold or used in this state. The registrant shall 6.14 secure sufficient sales information of pesticides distributed 6.15 into this state from distributors and dealers, regardless of 6.16 distributor location, to make a determination. Sales of 6.17 pesticides in this state and sales of pesticides for use in this 6.18 state by out-of-state distributors are not exempt and must be 6.19 included in the registrant's annual report, as required under 6.20 paragraph (c), and fees shall be paid by the registrant based 6.21 upon those reported sales. Sales of pesticides in the state for 6.22 use outside of the state are exempt from the application fee in 6.23 this paragraph if the registrant properly documents the sale 6.24 location and distributors. A registrant paying more than the 6.25 minimum fee shall pay the balance due by March 1 based on the 6.26 gross sales of the pesticide by the registrant for the preceding 6.27 calendar year. The fee for disinfectants and sanitizers shall 6.28 be the minimum. The minimum fee is due by December 31 preceding 6.29 the year for which the application for registration is made. 6.30 The commissioner shall spend at least $300,000 per fiscal year 6.31 from the pesticide regulatory account for the purposes of the 6.32 waste pesticide collection program. 6.33 (b) An additional fee of $100 must be paid by the applicant 6.34 for each pesticide to be registered if the application is a 6.35 renewal application that is submitted after December 31. 6.36 (c) A registrant must annually report to the commissioner 7.1 the amount and type of each registered pesticide sold, offered 7.2 for sale, or otherwise distributed in the state. The report 7.3 shall be filed by March 1 for the previous year's registration. 7.4 The commissioner shall specify the form of the report and 7.5 require additional information deemed necessary to determine the 7.6 amount and type of pesticides annually distributed in the 7.7 state. The information required shall include the brand name, 7.8 amount, and formulation of each pesticide sold, offered for 7.9 sale, or otherwise distributed in the state, but the information 7.10 collected, if made public, shall be reported in a manner which 7.11 does not identify a specific brand name in the report. 7.12 (d) A registrant who is required to pay more than the 7.13 minimum fee for any pesticide under paragraph (a) must pay a 7.14 late fee penalty of $100 for each pesticide application fee paid 7.15 after March 1 in the year for which the license is to be issued. 7.16 Sec. 9. Minnesota Statutes 2004, section 18B.31, 7.17 subdivision 5, is amended to read: 7.18 Subd. 5. [APPLICATION FEE.] (a) An application for a 7.19 pesticide dealer license must be accompanied by a nonrefundable 7.20 application fee of$50$150. 7.21 (b) If an application for renewal of a pesticide dealer 7.22 license is not filed before January 1 of the year for which the 7.23 license is to be issued, an additional fee of $20 must be paid 7.24 by the applicant before the license is issued. 7.25 Sec. 10. Minnesota Statutes 2004, section 18B.315, 7.26 subdivision 6, is amended to read: 7.27 Subd. 6. [FEES.] (a) An applicant for an aquatic pest 7.28 control license for a business must pay a nonrefundable 7.29 application fee of$100$200. An employee of a licensed 7.30 business must pay a nonrefundable application fee of $50 for an 7.31 individual aquatic pest control license. 7.32 (b) An application received after expiration of the aquatic 7.33 pest control license is subject to a penalty of 50 percent of 7.34 the application fee. 7.35 (c) An applicant that meets renewal requirements by 7.36 reexamination instead of attending workshops must pay the 8.1 equivalent workshop fee for the reexamination as determined by 8.2 the commissioner. 8.3 Sec. 11. Minnesota Statutes 2004, section 18B.32, 8.4 subdivision 6, is amended to read: 8.5 Subd. 6. [FEES.] (a) An applicant for a structural pest 8.6 control license for a business must pay a nonrefundable 8.7 application fee of$100$200. An employee of a licensed 8.8 business must pay a nonrefundable application fee of $50 for an 8.9 individual structural pest control license. 8.10 (b) An application received after expiration of the 8.11 structural pest control license is subject to a penalty fee of 8.12 50 percent of the application fee. 8.13 (c) An applicant that meets renewal requirements by 8.14 reexamination instead of attending workshops must pay the 8.15 equivalent workshop fee for the reexamination as determined by 8.16 the commissioner. 8.17 Sec. 12. Minnesota Statutes 2004, section 18B.33, 8.18 subdivision 7, is amended to read: 8.19 Subd. 7. [APPLICATION FEES.] (a) A person initially 8.20 applying for or renewing a commercial applicator license must 8.21 pay a nonrefundable application fee of $50. 8.22 (b)IfA license renewal applicationis not filed8.23beforereceived after March 1ofin the year for which the 8.24 license is to be issued, an additionalis subject to a penalty 8.25 fee of$10 must be paid before the commercial applicator50 8.26 percent of the application fee. The penalty fee must be paid 8.27 before the renewal license may be issued. 8.28 (c) An application for a duplicate commercial applicator 8.29 license must be accompanied by a nonrefundable application fee 8.30 of $10. 8.31 Sec. 13. Minnesota Statutes 2004, section 18B.34, 8.32 subdivision 5, is amended to read: 8.33 Subd. 5. [FEES.] (a) A person initially applying for or 8.34 renewing a noncommercial applicator license must pay a 8.35 nonrefundable application fee of $50, except an applicant who is 8.36 a government employee who uses pesticides in the course of 9.1 performing official duties must pay a nonrefundable application 9.2 fee of $10. 9.3 (b)If anA license renewal applicationfor renewal of a9.4noncommercial license is not filed beforereceived after March 1 9.5 in the year for which the license is to be issued, an additional9.6 is subject to a penalty fee of$10 must be paid before the50 9.7 percent of the application fee. The penalty fee must be paid 9.8 before the renewal license may be issued. 9.9 (c) An application for a duplicate noncommercial applicator 9.10 license must be accompanied by a nonrefundable application fee 9.11 of $10. 9.12 Sec. 14. Minnesota Statutes 2004, section 18C.141, 9.13 subdivision 1, is amended to read: 9.14 Subdivision 1. [PROGRAM ESTABLISHMENT.] The commissioner 9.15 shall establisha programvoluntary programs to certify the 9.16 accuracy of analyses from soil and manure testing laboratories 9.17 and promote standardization of soil and manure testing 9.18 procedures and analytical results. 9.19 Sec. 15. Minnesota Statutes 2004, section 18C.141, 9.20 subdivision 3, is amended to read: 9.21 Subd. 3. [ANALYSES REPORTING STANDARDS.] (a) The results 9.22 obtained from soil, manure, or plant analysis must be reported 9.23 in accordance with standard reporting units established by the 9.24 commissioner by rule. The standard reporting units must conform 9.25 as far as practical to uniform standards that are adopted on a 9.26 regional or national basis. 9.27 (b) If a certified laboratory offers a recommendation for 9.28 use in Minnesota, the University of Minnesota recommendation or 9.29 that of another land grant college in a contiguous state must be 9.30 offered in addition to other recommendations, and the source of 9.31 the recommendation must be identified on the recommendation 9.32 form. If relative levels such as low, medium, or high are 9.33 presented to classify the analytical results, the corresponding 9.34 relative levels based on the analysis as designated by the 9.35 University of Minnesota or the land grant college in a 9.36 contiguous state must also be presented. 10.1 Sec. 16. Minnesota Statutes 2004, section 18C.141, 10.2 subdivision 5, is amended to read: 10.3 Subd. 5. [CERTIFICATIONFEES.] (a) The commissioner may 10.4 charge the actual costs for check sample preparation and 10.5 shipping. 10.6 (b) A laboratory applying for certificationshall pay an10.7application fee of $100 and a certification fee of $100 before10.8the certification is issuedmay be charged a nonrefundable 10.9 certification fee to cover the actual costs for administration 10.10 of the program. 10.11(b)(c) Certification isvalid for one year and the renewal10.12fee is $100. The commissioner shall charge an additional10.13application fee of $100 if a certified laboratory allows10.14certification to lapse before applying for renewed certification10.15 renewable on an annual basis. 10.16(c)The commissioner shall notify a certified lab that its 10.17 certification lapses within 30 to 60 days of the date when the 10.18 certification lapses. 10.19 (d) The commissioner may accept donations to support the 10.20 development and operation of soil and manure programs. 10.21 (e) Revenues under this section are deposited in the 10.22 fertilizer account of the agricultural fund. 10.23 Sec. 17. Minnesota Statutes 2004, section 18C.425, 10.24 subdivision 6, is amended to read: 10.25 Subd. 6. [INSPECTION FEES.] The person responsible for 10.26 payment of the inspection fees for fertilizers, soil amendments, 10.27 or plant amendments sold and used in this state must pay an 10.28 inspection fee of1530 cents per ton of fertilizer, soil 10.29 amendment, and plant amendment sold or distributed in this 10.30 state, with a minimum of $10 on all tonnage reports. Products 10.31 sold or distributed to manufacturers or exchanged between them 10.32 are exempt from the inspection fee imposed by this subdivision 10.33 if the products are used exclusively for manufacturing purposes. 10.34 Sec. 18. Minnesota Statutes 2004, section 18E.03, 10.35 subdivision 2, is amended to read: 10.36 Subd. 2. [EXPENDITURES.] (a) Money in the agricultural 11.1 chemical response and reimbursement account may only be used: 11.2 (1) to pay for the commissioner's responses to incidents 11.3 under chapters 18B, 18C, and 18D that are not eligible for 11.4 payment under section 115B.20, subdivision 2; 11.5 (2) to pay for emergency responses that are otherwise 11.6 unable to be funded; 11.7 (3) to reimburse and pay corrective action costs under 11.8 section 18E.04; and 11.9 (4) by the board to reimburse the commissioner for board 11.10 staff and other administrative costs up to$175,000$225,000 per 11.11 fiscal year. 11.12 (b) Money in the agricultural chemical response and 11.13 reimbursement account is appropriated to the commissioner to 11.14 make payments as provided in this subdivision. 11.15 Sec. 19. Minnesota Statutes 2004, section 18G.10, 11.16 subdivision 5, is amended to read: 11.17 Subd. 5. [CERTIFICATE FEES.] (a) The commissioner shall 11.18 assess the fees in paragraphs (b) to (f) for the inspection, 11.19 service, and work performed in carrying out the issuance of a 11.20 phytosanitary certificate or export certificate. The inspection 11.21 fee must be based on mileage and inspection time. 11.22 (b) Mileage charge: current United States Internal Revenue 11.23 Service mileage rate. 11.24 (c) Inspection time: $50 per hour minimum or fee necessary 11.25 to cover department costs. Inspection time includes the driving 11.26 time to and from the location in addition to the time spent 11.27 conducting the inspection. 11.28 (d)A fee must be charged for any certificate issued that11.29requires laboratory analysis before issuance. The fee must be11.30deposited into the laboratory account as authorized in section11.3117.85.If laboratory analysis or other technical analysis is 11.32 required to issue a certificate, the commissioner must set and 11.33 collect the fee to recover this additional cost. 11.34 (e) Certificate fee for product value greater than $250: 11.35 $75 for each phytosanitary or export certificate issued for any 11.36 single shipment valued at more than $250 in addition to any 12.1 mileage or inspection time charges that are assessed. 12.2 (f) Certificate fee for product value less than $250: $25 12.3 for each phytosanitary or export certificate issued for any 12.4 single shipment valued at less than $250 in addition to any 12.5 mileage or inspection time charges that are assessed. 12.6 (g) For services provided for in subdivision 7 that are 12.7 goods and services provided for the direct and primary use of a 12.8 private individual, business, or other entity, the commissioner 12.9 must set and collect the fees to cover the cost of the services 12.10 provided. 12.11 Sec. 20. Minnesota Statutes 2004, section 18G.10, 12.12 subdivision 7, is amended to read: 12.13 Subd. 7. [PLANT PROTECTION INSPECTIONS,SUPPLEMENTAL, 12.14 ADDITIONAL, OR OTHER CERTIFICATES,AND PERMITS, AND FEES.] (a) 12.15 The commissioner may provide inspection, sampling, or 12.16 certification services to ensure that Minnesota plant products 12.17 or commodities meet import requirements of other states or 12.18 countries. 12.19 (b) The state plant regulatory official may issue permits 12.20 and certificates verifying that various Minnesota agricultural 12.21 products or commodities meet specifiedphytosanitaryplant 12.22 health requirements, treatment requirements, or pest absence 12.23 assurances based on determinations by the commissioner.The12.24commissioner may collect fees sufficient to recover costs for12.25these permits or certificates. The fees must be deposited in12.26the nursery and phytosanitary account.12.27 Sec. 21. Minnesota Statutes 2004, section 18H.07, 12.28 subdivision 1, is amended to read: 12.29 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 12.30 shall establish fees sufficient to allow for the administration 12.31 and enforcement of this chapter and rules adopted under this 12.32 chapter, including the portion of general support costs and 12.33 statewide indirect costs of the agency attributable to that 12.34 function, with a reserve sufficient for up to six months. The 12.35 commissioner shall review the fee schedule annually in 12.36 consultation with the Minnesota Nursery and Landscape Advisory 13.1 Committee. For the certificate year beginning January 1,200413.2 2006, the fees are as described in this section. 13.3 Sec. 22. Minnesota Statutes 2004, section 18H.07, 13.4 subdivision 2, is amended to read: 13.5 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 13.6 stock grower must pay an annual fee based on the area of all 13.7 acreage on which nursery stock is grown for certification as 13.8 follows: 13.9 (1) less than one-half acre, $150; 13.10 (2) from one-half acre to two acres, $200; 13.11 (3) over two acres up to five acres, $300; 13.12 (4) over five acres up to ten acres, $350; 13.13 (5) over ten acres up to 20 acres, $500; 13.14 (6) over 20 acres up to 40 acres, $650; 13.15 (7) over 40 acres up to 50 acres, $800; 13.16 (8) over 50 acres up to 200 acres, $1,100; 13.17 (9) over 200 acres up to 500 acres, $1,500; and 13.18 (10) over 500 acres, $1,500 plus $2 for each additional 13.19 acre. 13.20 (b) In addition to the fees in paragraph (a), a penalty of 13.21 ten percent of the fee due must be charged for each month, or 13.22 portion thereof, that the fee is delinquent up to a maximum of 13.23 30 percent for any application for renewal not received by 13.24 January 1 of the year following expiration of a certificate. 13.25 Sec. 23. Minnesota Statutes 2004, section 18H.07, 13.26 subdivision 3, is amended to read: 13.27 Subd. 3. [NURSERY STOCK DEALER CERTIFICATE.] (a) A nursery 13.28 stock dealer must pay an annual fee based on the dealer's gross 13.29 sales of certified nursery stock per location during the 13.30precedingmost recent certificate year. A certificate applicant 13.31 operating for the first time must pay the minimum fee. The fees 13.32 per sales location are: 13.33 (1) gross sales up to$20,000$5,000, $150; 13.34 (2) gross sales over$20,000$5,000 up to$100,000$20,000, 13.35 $175; 13.36 (3) gross sales over$100,000$20,000 up to 14.1$250,000$50,000, $300; 14.2 (4) gross sales over$250,000$50,000 up to 14.3$500,000$75,000, $425; 14.4 (5) gross sales over$500,000$75,000 up to 14.5$1,000,000$100,000, $550; 14.6 (6) gross sales over$1,000,000$100,000 up to 14.7$2,000,000$200,000, $675; and 14.8 (7) gross sales over$2,000,000$200,000, $800. 14.9 (b) In addition to the fees in paragraph (a), a penalty of 14.10 ten percent of the fee due must be charged for each month, or 14.11 portion thereof, that the fee is delinquent up to a maximum of 14.12 30 percent for any application for renewal not received by 14.13 January 1 of the year following expiration of a certificate. 14.14 Sec. 24. Minnesota Statutes 2004, section 19.64, 14.15 subdivision 1, is amended to read: 14.16 Subdivision 1. [REGISTRATION.] Every person who owns, 14.17 leases, or possesses colonies of beesor who intends to bring14.18bees into the state under an entry permitshall register the 14.19 bees with the commissioner on or beforeApril 15June 1 of each 14.20 year or within 15 days of entry into Minnesota or taking 14.21 possession of hives, whichever comes first. The registration 14.22 application shall include the name and address of the applicant, 14.23 a description of the exact location of each of the applicant's 14.24 apiaries by county, township, range and quarter section, and 14.25 other information required by the commissioner. The fee for 14.26 registration under this subdivision is a minimum of $10 per 14.27 beekeeper and 25 cents per colony maintained in the state.The14.28commissioner shall provide registered beekeepers with the14.29Minnesota pest report.14.30 If colonies numbers increase at any time of year from 14.31 splitting, purchasing, or otherwise, the additional fees per 14.32 colony are required within 15 days of the increase in number of 14.33 colonies. The registration required by this section is not 14.34 transferable. At least one colony in each location must be 14.35 plainly and legibly marked with the owner's name and telephone 14.36 number and address, and other information required by the 15.1 commissioner. The department shall provide information on 15.2 colony locations as reported on the registrations on an Internet 15.3 Web site or through other appropriate measures. 15.4 Sec. 25. Minnesota Statutes 2004, section 25.341, 15.5 subdivision 2, is amended to read: 15.6 Subd. 2. [APPLICATION; FEE; TERM.] A person who is 15.7 required to have a commercial feed license shall submit an 15.8 application on a form provided or approved by the commissioner 15.9 accompanied by alicensefee of $25 paid to the commissioner for 15.10 eachfacilitylocation. A license is not transferable from one 15.11 person to another, from one ownership to another, or from one 15.12 location to another. The license year is the calendar year. A 15.13 license expires on December 31 of the year for which it is 15.14 issued, except that a license is valid through January 31 of the 15.15 next year or until the issuance of the renewal license, 15.16 whichever comes first, if the licensee has filed a renewal 15.17 application with the commissioner on or before December 31 of 15.18 the year for which the current license was issued.A new15.19applicant whoAny person who is required to have, but fails to 15.20 obtain a licensewithin 15 working days of notification of the15.21requirement to obtain a license,or a licensee who fails to 15.22 comply with license renewal requirements, shall pay a $50 late 15.23 fee in addition to the license fee.The commissioner may issue15.24a withdrawal from distribution order on any commercial feed that15.25an unlicensed person produces or distributes in the state until15.26a license is issued.15.27 Sec. 26. [25.342] [CERTIFICATES, FREE SALE.] 15.28 A nonrefundable application fee of $25 must accompany all 15.29 free sale certificate requests to facilitate the movement of 15.30 Minnesota processed and manufactured feeds destined for export 15.31 from the state. Each label submitted for review must be 15.32 accompanied by a nonrefundable $50 application fee. 15.33 Sec. 27. Minnesota Statutes 2004, section 25.39, 15.34 subdivision 1, is amended to read: 15.35 Subdivision 1. [AMOUNT OF FEE.] (a) An inspection fee at 15.36 the rate of 16 cents per ton must be paid to the commissioner on 16.1 commercial feeds distributed in this state by the person who 16.2 first distributes the commercial feed, except that: 16.3 (1) no feeneeds toneed be paid on: 16.4(1)(i) a commercial feed if the payment has been made by a 16.5 previous distributor; or 16.6(2)(ii) customer formula feeds if the inspection fee is 16.7 paid on the commercial feeds which are used as ingredients; or 16.8(3) commercial feeds used as ingredients for the16.9manufacture of commercial feeds if the fee has been paid by a16.10previous distributor. If the fee has already been paid, credit16.11must be given for that payment.(2) a Minnesota feed distributor 16.12 whodistributescan substantiate that greater than 50 percent of 16.13 the distribution of commercial feed is to purchasers outside the 16.14 state may purchase commercial feeds,without paymentby any16.15personof the inspection feerequired on those purchases,under 16.16 a tonnage fee exemption permit issued by the commissioner. Such 16.17 location specific permits shallonlybe issued on a calendar 16.18 year basis to commercial feed distributors who submit a $100 16.19 nonrefundable application fee and comply with rules adopted by 16.20 the commissioner relative to record keeping, tonnage of 16.21 commercial feed distributed in Minnesota, total of all 16.22 commercial feed tonnage distributed, and all other information 16.23 which the commissioner may require so as to ensure that proper 16.24 inspection fee payment has been made. 16.25 (b) In the case of pet food distributed in the state only 16.26 in packages of ten pounds or less, a listing of each product and 16.27 a current label for each product must be submitted annually on 16.28 forms provided by the commissioner and accompanied by an annual 16.29 fee of $50 for each product in lieu of the inspection fee. This 16.30 annual fee is due by July 1. The inspection fee required by 16.31 paragraph (a) applies to pet food distributed in packages 16.32 exceeding ten pounds. 16.33 (c) In the case of specialty pet food distributed in the 16.34 state only in packages of ten pounds or less, a listing of each 16.35 product and a current label for each product must be submitted 16.36 annually on forms provided by the commissioner and accompanied 17.1 by an annual fee of $25 for each product in lieu of the 17.2 inspection fee. This annual fee is due by July 1. The 17.3 inspection fee required by paragraph (a) applies to specialty 17.4 pet food distributed in packages exceeding ten pounds. 17.5 (d) The minimum inspection fee is $10 per annual reporting 17.6 period. 17.7 Sec. 28. Minnesota Statutes 2004, section 25.39, 17.8 subdivision 4, is amended to read: 17.9 Subd. 4. [COMMERCIAL FEED INSPECTION ACCOUNT.] A 17.10 commercial feed inspection account is established in the 17.11 agricultural fund. Fees and penalties collected undersections17.1225.35 to 25.43this chapter and interest attributable to money 17.13 in the account must be deposited in the agricultural fund and 17.14 credited to the commercial feed inspection account. Money in 17.15 the account, including interest earned, is appropriated to the 17.16 commissioner for the administration and enforcement ofsections17.1725.341 to 25.43this chapter. 17.18 Sec. 29. Minnesota Statutes 2004, section 223.17, 17.19 subdivision 3, is amended to read: 17.20 Subd. 3. [GRAIN BUYERS AND STORAGE ACCOUNT; FEES.] The 17.21 commissioner shall set the fees for inspections under sections 17.22 223.15 to 223.22 at levels necessary to pay the expenses of 17.23 administering and enforcing sections 223.15 to 223.22. 17.24 The fee for any license issued or renewed after June 30, 17.2520012005, shall be set according to the following schedule: 17.26 (a)$125$140 plus$100$110 for each additional location 17.27 for grain buyers whose gross annual purchases are less than 17.28 $100,000; 17.29 (b)$250$275 plus$100$110 for each additional location 17.30 for grain buyers whose gross annual purchases are at least 17.31 $100,000, but not more than $750,000; 17.32 (c)$375$415 plus$200$220 for each additional location 17.33 for grain buyers whose gross annual purchases are more than 17.34 $750,000 but not more than $1,500,000; 17.35 (d)$500$550 plus$200$220 for each additional location 17.36 for grain buyers whose gross annual purchases are more than 18.1 $1,500,000 but not more than $3,000,000; and 18.2 (e)$625$700 plus$200$220 for each additional location 18.3 for grain buyers whose gross annual purchases are more than 18.4 $3,000,000. 18.5 A penalty amount not to exceed ten percent of the fees due 18.6 may be imposed by the commissioner for each month for which the 18.7 fees are delinquent. 18.8 There is created the grain buyers and storage account in 18.9 the agricultural fund. Money collected pursuant to sections 18.10 223.15 to 223.19 shall be paid into the state treasury and 18.11 credited to the grain buyers and storage account and is 18.12 appropriated to the commissioner for the administration and 18.13 enforcement of sections 223.15 to 223.22. 18.14 Sec. 30. Minnesota Statutes 2004, section 231.16, is 18.15 amended to read: 18.16 231.16 [WAREHOUSE OPERATOR OR HOUSEHOLD GOODS WAREHOUSE 18.17 OPERATOR TO OBTAIN LICENSE.] 18.18 A warehouse operator or household goods warehouse operator 18.19 must be licensed annually by the department. The department 18.20 shall prescribe the form of the written application. If the 18.21 department approves the license application and the applicant 18.22 files with the department the necessary bond, in the case of 18.23 household goods warehouse operators, or proof of warehouse 18.24 operators legal liability insurance coverage in an amount of 18.25 $50,000 or more, as provided for in this chapter, the department 18.26 shall issue the license upon payment of the license fee required 18.27 in this section. A warehouse operator or household goods 18.28 warehouse operator to whom a license is issued shall pay a fee 18.29 as follows: 18.30 Building square footage used for public storage 18.31 (1) 5,000 or less$100$110 18.32 (2) 5,001 to 10,000$200$220 18.33 (3) 10,001 to 20,000$300$330 18.34 (4) 20,001 to 100,000$400$440 18.35 (5) 100,001 to 200,000$500$550 18.36 (6) over 200,000 $600 19.1 A penalty amount not to exceed ten percent of the fees due 19.2 may be imposed by the commissioner for each month for which the 19.3 fees are delinquent. 19.4 Fees collected under this chapter must be paid into the 19.5 grain buyers and storage account established in section 232.22. 19.6 The license must be renewed annually on or before July 1, 19.7 and always upon payment of the full license fee required in this 19.8 section. No license shall be issued for any portion of a year 19.9 for less than the full amount of the license fee required in 19.10 this section. Each license obtained under this chapter must be 19.11 publicly displayed in the main office of the place of business 19.12 of the warehouse operator or household goods warehouse operator 19.13 to whom it is issued. The license authorizes the warehouse 19.14 operator or household goods warehouse operator to carry on the 19.15 business of warehousing only in the one city or town named in 19.16 the application and in the buildings therein described. The 19.17 department, without requiring an additional bond and license, 19.18 may issue permits from time to time to any warehouse operator 19.19 already duly licensed under the provisions of this chapter to 19.20 operate an additional warehouse in the same city or town for 19.21 which the original license was issued during the term thereof, 19.22 upon the filing an application for a permit in the form 19.23 prescribed by the department. 19.24 A license may be refused for good cause shown and revoked 19.25 by the department for violation of law or of any rule adopted by 19.26 the department, upon notice and after hearing. 19.27 Sec. 31. Minnesota Statutes 2004, section 232.22, 19.28 subdivision 3, is amended to read: 19.29 Subd. 3. [FEES; GRAIN BUYERS AND STORAGE ACCOUNT.] There 19.30 is created in the agricultural fund an account known as the 19.31 grain buyers and storage account. The commissioner shall set 19.32 the fees for inspections, certifications and licenses under 19.33 sections 232.20 to 232.25 at levels necessary to pay the costs 19.34 of administering and enforcing sections 232.20 to 232.25. All 19.35 money collected pursuant to sections 232.20 to 232.25 and 19.36 chapters 233 and 236 shall be paid by the commissioner into the 20.1 state treasury and credited to the grain buyers and storage 20.2 account and is appropriated to the commissioner for the 20.3 administration and enforcement of sections 232.20 to 232.25 and 20.4 chapters 233 and 236. All money collected pursuant to chapter 20.5 231 shall be paid by the commissioner into the grain buyers and 20.6 storage account and is appropriated to the commissioner for the 20.7 administration and enforcement of chapter 231. 20.8 The fees for a license to store grain are as follows: 20.9 (a) For a license to store grain, $110 for each home rule 20.10 charter or statutory city or town in which a public grain 20.11 warehouse is operated. 20.12 (b) A person with a license to store grain in a public 20.13 grain warehouse is subject to an examination fee for each 20.14 licensed location, based on the following schedule for one 20.15 examination: 20.16 Bushel Capacity Examination Fee 20.17 Less than 150,001 $300 20.18 150,001 to 250,000 $425 20.19 250,001 to 500,000 $545 20.20 500,001 to 750,000 $700 20.21 750,001 to 1,000,000 $865 20.22 1,000,001 to 1,200,000 $1,040 20.23 1,200,001 to 1,500,000 $1,205 20.24 1,500,001 to 2,000,000 $1,380 20.25 More than 2,000,000 $1,555 20.26 (c) The fee for the second examination is $55 per hour per 20.27 examiner for warehouse operators who choose to have it performed 20.28 by the commissioner. 20.29 (d) A penalty amount not to exceed ten percent of the fees 20.30 due may be imposed by the commissioner for each month for which 20.31 the fees are delinquent. 20.32 Sec. 32. Minnesota Statutes 2004, section 236.02, 20.33 subdivision 4, is amended to read: 20.34 Subd. 4. [FEES.] The license fee is $140 for each home 20.35 rule charter or statutory city or town in which a private grain 20.36 warehouse is operated and which will be used to operate a grain 21.1 bank. A penalty amount not to exceed ten percent of the fees 21.2 due may be imposed by the commissioner for each month for which 21.3 the fees are delinquent. The license fee must be set by the 21.4 commissioner in an amount sufficient to cover the costs of 21.5 administering and enforcing this chapter. Fees collected under 21.6 this chapter must be paid into the grain buyers and storage 21.7 account established in section 232.22. 21.8 Sec. 33. [REPEALER.] 21.9 Minnesota Statutes 2004, sections 18B.065, subdivision 5; 21.10 and 19.64, subdivision 4a, are repealed. 21.11 ARTICLE 2 21.12 ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 21.13 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS.] 21.14 The sums shown in the columns marked "APPROPRIATIONS" are 21.15 appropriated from the general fund, or another named fund, to 21.16 the agencies and for the purposes specified in this article, to 21.17 be available for the fiscal years indicated for each purpose. 21.18 The figures "2006" and "2007," where used in this article, mean 21.19 that the appropriation or appropriations listed under them are 21.20 available for the fiscal year ending June 30, 2006, or June 30, 21.21 2007, respectively. The term "the first year" means the year 21.22 ending June 30, 2006, and the term "the second year" means the 21.23 year ending June 30, 2007. 21.24 SUMMARY BY FUND 21.25 2006 2007 TOTAL 21.26 General $ 112,158,000 $ 112,158,000 $ 224,316,000 21.27 State Government 21.28 Special Revenue 48,000 48,000 96,000 21.29 Environmental 58,800,000 59,107,000 117,907,000 21.30 Natural Resources 54,732,000 54,178,000 109,910,000 21.31 Game and Fish 79,911,000 82,058,000 161,969,000 21.32 Remediation 11,503,000 11,503,000 23,006,000 21.33 Permanent School 350,000 350,000 700,000 21.34 TOTAL $ 318,502,000 $ 319,402,000 $ 637,904,000 21.35 APPROPRIATIONS 21.36 Available for the Year 21.37 Ending June 30 21.38 2006 2007 22.1 Sec. 2. DEPARTMENT OF ENVIRONMENTAL 22.2 PROTECTION 22.3 Subdivision 1. Total 22.4 Appropriation $ 82,015,000 $ 82,322,000 22.5 Summary by Fund 22.6 General 11,764,000 11,764,000 22.7 State Government 22.8 Special Revenue 48,000 48,000 22.9 Environmental 58,800,000 59,107,000 22.10 Remediation 11,403,000 11,403,000 22.11 The amounts that may be spent from this 22.12 appropriation for each program are 22.13 specified in the following subdivisions. 22.14 Subd. 2. Water 22.15 28,609,000 28,609,000 22.16 Summary by Fund 22.17 General 7,917,000 7,917,000 22.18 State Government 22.19 Special Revenue 48,000 48,000 22.20 Environmental 20,644,000 20,644,000 22.21 $2,348,000 the first year and 22.22 $2,348,000 the second year are for the 22.23 clean water partnership program. Any 22.24 balance remaining in the first year 22.25 does not cancel and is available for 22.26 the second year. This appropriation 22.27 may be used for grants to local units 22.28 of government for the purpose of 22.29 restoring impaired waters listed under 22.30 section 303(d) of the federal Clean 22.31 Water Act in accordance with adopted 22.32 total maximum daily loads (TMDLs), 22.33 including implementation of approved 22.34 clean water partnership diagnostic 22.35 study work plans that will assist in 22.36 restoration of such impaired waters. 22.37 $335,000 the first year and $335,000 22.38 the second year are for community 22.39 technical assistance and education, 22.40 including grants and technical 22.41 assistance to communities for local and 22.42 basinwide water quality protection. 22.43 $405,000 the first year and $405,000 22.44 the second year are for individual 22.45 sewage treatment system (ISTS) 22.46 administration and grants. Of this 22.47 amount, $86,000 each year is for 22.48 assistance to counties through grants 22.49 for ISTS program administration. Any 22.50 unexpended balance in the first year 22.51 does not cancel but is available in the 22.52 second year. 22.53 $480,000 the first year and $480,000 23.1 the second year are from the 23.2 environmental fund to address the need 23.3 for continued increased activity in the 23.4 areas of new technology review, 23.5 technical assistance for local 23.6 governments, and enforcement under 23.7 Minnesota Statutes, sections 115.55 to 23.8 115.58, and to complete the 23.9 requirements of Laws 2003, chapter 128, 23.10 article 1, sections 164 and 165. Of 23.11 this amount, $48,000 each year is for 23.12 administration of individual septic 23.13 tank fees, as provided in this article. 23.14 $2,324,000 the first year and 23.15 $2,324,000 the second year must be 23.16 distributed as grants to delegated 23.17 counties to administer the county 23.18 feedlot program. Distribution of the 23.19 funds must be conducted according to 23.20 the following three-part formula: 23.21 (1) Number of feedlots in the county: 23.22 60 percent of the total appropriation 23.23 must be distributed according to the 23.24 number of feedlots that are required to 23.25 be registered in the county. Grants 23.26 awarded under this clause must be 23.27 matched with a combination of local 23.28 cash and in-kind contributions. 23.29 (2) Minimum program requirements: 25 23.30 percent of the total appropriation must 23.31 be distributed based on the county (i) 23.32 conducting an annual number of 23.33 inspections at feedlots that is equal 23.34 to or greater than seven percent of the 23.35 total number of registered feedlots 23.36 that are required to be registered in 23.37 the county; and (ii) meeting 23.38 noninspection minimum program 23.39 requirements as identified in the 23.40 county feedlot workplan form. Counties 23.41 that do not meet the inspection 23.42 requirement must not receive 50 percent 23.43 of the eligible funding under this 23.44 clause. Counties must receive funding 23.45 for noninspection requirements under 23.46 this clause according to a scoring 23.47 system checklist administered by the 23.48 department. The commissioner, in 23.49 consultation with the Minnesota 23.50 Association of County Feedlot Officers 23.51 executive team, shall make a final 23.52 decision regarding any appeal by a 23.53 county regarding the terms and 23.54 conditions of this clause. 23.55 (3) Performance credits: 15 percent of 23.56 the total appropriation must be 23.57 distributed according to work that has 23.58 been done by the counties during the 23.59 fiscal year. The amount must be 23.60 determined by the number of performance 23.61 credits a county accumulates during the 23.62 year based on a performance credit 23.63 matrix jointly agreed upon by the 23.64 commissioner in consultation with the 23.65 Minnesota Association of County Feedlot 23.66 Officers executive team. To receive an 23.67 award under this clause the county must 24.1 meet the requirements of clause (2)(i) 24.2 and achieve 90 percent of the 24.3 requirements according to clause 24.4 (2)(ii) of the formula. The rate of 24.5 reimbursement per performance credit 24.6 item must not exceed $200. 24.7 Delegated counties are eligible for a 24.8 minimum grant of $7,500. To receive 24.9 the full $7,500 amount a county must 24.10 meet the requirements under clause (2) 24.11 of the formula. Nondelegated counties 24.12 that apply for delegation shall receive 24.13 a grant prorated according to the 24.14 number of full quarters remaining in 24.15 the program year from the date of 24.16 commissioner approval of the 24.17 delegation. Funds for awards to any 24.18 newly delegated counties must be made 24.19 out of the appropriation reserved for 24.20 clause (3) of the formula. The 24.21 commissioner, in consultation with the 24.22 Minnesota Association of County Feedlot 24.23 Officers executive team, may decide to 24.24 use funds reserved for clause (3) of 24.25 the formula in an amount not to exceed 24.26 five percent of the total annual 24.27 appropriation for initiatives to 24.28 enhance existing delegated county 24.29 feedlot programs, information and 24.30 education, or technical assistance 24.31 efforts to reduce feedlot-related 24.32 pollution hazards. Any funds remaining 24.33 after distribution under clauses (1) 24.34 and (2) of the formula must be 24.35 transferred to clause (3) of the 24.36 formula. Any money remaining after the 24.37 first year is available for the second 24.38 year. 24.39 Notwithstanding Minnesota Statutes, 24.40 section 16A.28, the appropriations 24.41 encumbered under contract on or before 24.42 June 30, 2007, for clean water 24.43 partnership, individual sewage 24.44 treatment systems (ISTS), Minnesota 24.45 River, total maximum daily loads 24.46 (TMDLs), and local and basinwide water 24.47 quality protection grants in this 24.48 subdivision are available until June 24.49 30, 2009. 24.50 Subd. 3. Air 24.51 9,297,000 9,604,000 24.52 Summary by Fund 24.53 Environmental 9,297,000 9,604,000 24.54 Up to $150,000 the first year and 24.55 $150,000 the second year may be 24.56 transferred to the environmental fund 24.57 for the small business environmental 24.58 improvement loan program established in 24.59 Minnesota Statutes, section 116.993. 24.60 $200,000 the first year and $200,000 24.61 the second year are from the 24.62 environmental fund for a monitoring 24.63 program under Minnesota Statutes, 25.1 section 116.454. 25.2 Subd. 4. Land 25.3 18,467,000 18,467,000 25.4 Summary by Fund 25.5 Environmental 7,064,000 7,064,000 25.6 Remediation 11,403,000 11,403,000 25.7 All money for environmental response, 25.8 compensation, and compliance in the 25.9 remediation fund not otherwise 25.10 appropriated is appropriated to the 25.11 commissioners of the Departments of 25.12 Environmental Protection and 25.13 Agriculture for purposes of Minnesota 25.14 Statutes, section 115B.20, subdivision 25.15 2, clauses (1), (2), (3), (6), and 25.16 (7). At the beginning of each fiscal 25.17 year, the two commissioners shall 25.18 jointly submit an annual spending plan 25.19 to the commissioner of finance that 25.20 maximizes the utilization of resources 25.21 and appropriately allocates the money 25.22 between the two departments. This 25.23 appropriation is available until June 25.24 30, 2007. 25.25 $3,616,000 the first year and 25.26 $3,616,000 the second year are from the 25.27 petroleum tank fund to be transferred 25.28 to the remediation fund for purposes of 25.29 the leaking underground storage tank 25.30 program to protect the land. 25.31 $200,000 the first year and $200,000 25.32 the second year are from the 25.33 remediation fund to be transferred to 25.34 the Department of Health for private 25.35 water supply monitoring and health 25.36 assessment costs in areas contaminated 25.37 by unpermitted mixed municipal solid 25.38 waste disposal facilities. 25.39 Subd. 5. Multimedia 25.40 24,059,000 24,059,000 25.41 Summary by Fund 25.42 General 2,264,000 2,264,000 25.43 Environmental 21,795,000 21,795,000 25.44 $12,500,000 each year is from the 25.45 environmental fund for SCORE block 25.46 grants to counties. 25.47 Any unencumbered grant and loan 25.48 balances in the first year do not 25.49 cancel but are available for grants and 25.50 loans in the second year. 25.51 All money deposited in the 25.52 environmental fund for the metropolitan 25.53 solid waste landfill fee in accordance 25.54 with Minnesota Statutes, section 25.55 473.843, and not otherwise 26.1 appropriated, is appropriated to the 26.2 department for the purposes of 26.3 Minnesota Statutes, section 473.844. 26.4 $119,000 the first year and $119,000 26.5 the second year are for environmental 26.6 assistance grants or loans under 26.7 Minnesota Statutes, section 115A.0716. 26.8 Notwithstanding Minnesota Statutes, 26.9 section 16A.28, the appropriations 26.10 encumbered under contract on or before 26.11 June 30, 2007, for environmental 26.12 assistance grants awarded under 26.13 Minnesota Statutes, section 115A.0716, 26.14 and for technical and research 26.15 assistance under Minnesota Statutes, 26.16 section 115A.152, technical assistance 26.17 under Minnesota Statutes, section 26.18 115A.52, and pollution prevention 26.19 assistance under Minnesota Statutes, 26.20 section 115D.04, are available until 26.21 June 30, 2009. 26.22 Subd. 6. Administrative Support 26.23 1,583,000 1,583,000 26.24 Summary by Fund 26.25 General 1,583,000 1,583,000 26.26 Sec. 3. NATURAL RESOURCES 26.27 Subdivision 1. Total 26.28 Appropriation 206,080,000 206,671,000 26.29 Summary by Fund 26.30 General 74,761,000 74,761,000 26.31 Natural Resources 50,958,000 49,402,000 26.32 Game and Fish 79,911,000 82,058,000 26.33 Remediation 100,000 100,000 26.34 Permanent School 350,000 350,000 26.35 The amounts that may be spent from this 26.36 appropriation for each program are 26.37 specified in the following subdivisions. 26.38 Subd. 2. Land and Mineral Resources 26.39 Management 26.40 8,716,000 8,752,000 26.41 Summary by Fund 26.42 General 5,248,000 5,248,000 26.43 Natural Resources 2,122,000 2,122,000 26.44 Game and Fish 996,000 1,032,000 26.45 Permanent School 350,000 350,000 26.46 $275,000 the first year and $275,000 26.47 the second year are for iron ore 26.48 cooperative research, of which $137,500 27.1 the first year and $137,500 the second 27.2 year are available only as matched by 27.3 $1 of nonstate money for each $1 of 27.4 state money. The match may be cash or 27.5 in-kind. 27.6 $86,000 the first year and $86,000 the 27.7 second year are for minerals 27.8 cooperative environmental research, of 27.9 which $43,000 the first year and 27.10 $43,000 the second year are available 27.11 only as matched by $1 of nonstate money 27.12 for each $1 of state money. The match 27.13 may be cash or in-kind. 27.14 $1,946,000 the first year and 27.15 $1,946,000 the second year are from the 27.16 minerals management account in the 27.17 natural resources fund for only the 27.18 purposes specified in Minnesota 27.19 Statutes, section 93.2236, paragraph 27.20 (c). Of this amount, $1,526,000 the 27.21 first year and $1,526,000 the second 27.22 year are for mineral resource 27.23 management, $420,000 the first year and 27.24 $420,000 the second year are for 27.25 projects to enhance future income and 27.26 promote new opportunities, including 27.27 value-added iron products, geological 27.28 mapping, and mercury research. The 27.29 appropriation is from the revenue 27.30 deposited in the minerals management 27.31 account under Minnesota Statutes, 27.32 section 93.22, subdivision 1, paragraph 27.33 (b). 27.34 $300,000 the first year and $300,000 27.35 the second year are from the state 27.36 forest suspense account in the 27.37 permanent school fund to accelerate 27.38 land exchanges, land sales, and 27.39 commercial leasing of school trust 27.40 lands. This appropriation is to be 27.41 used toward meeting the provisions of 27.42 Minnesota Statutes, section 92.121, to 27.43 exchange school trust lands or put 27.44 alternatives in effect when management 27.45 practices have diminished or prohibited 27.46 revenue generation, and the direction 27.47 of Minnesota Statutes, section 127A.31, 27.48 to secure maximum long-term economic 27.49 return from the school trust lands 27.50 consistent with fiduciary 27.51 responsibilities and sound natural 27.52 resources conservation and management 27.53 principles. 27.54 $50,000 the first year and $50,000 the 27.55 second year are from the state forest 27.56 suspense account in the permanent 27.57 school fund to identify, evaluate, and 27.58 lease construction aggregate located on 27.59 school trust lands. 27.60 Subd. 3. Water Resources Management 27.61 11,422,000 11,422,000 27.62 Summary by Fund 27.63 General 11,142,000 11,142,000 28.1 Natural Resources 280,000 280,000 28.2 Subd. 4. Forest Management 28.3 34,276,000 34,276,000 28.4 Summary by Fund 28.5 General 24,311,000 24,311,000 28.6 Natural Resources 9,715,000 9,715,000 28.7 Game and Fish 250,000 250,000 28.8 $7,217,000 the first year and 28.9 $7,217,000 the second year are for 28.10 prevention, presuppression, and 28.11 suppression costs of emergency 28.12 firefighting and other costs incurred 28.13 under Minnesota Statutes, section 28.14 88.12. If the appropriation for either 28.15 year is insufficient to cover all costs 28.16 of presuppression and suppression, the 28.17 amount necessary to pay for these costs 28.18 during the biennium is appropriated 28.19 from the general fund. By November 15 28.20 of each year, the commissioner of 28.21 natural resources shall submit a report 28.22 to the chairs of the house of 28.23 representatives Ways and Means 28.24 Committee, the senate Finance 28.25 Committee, the Environment and 28.26 Agriculture Budget Division of the 28.27 senate Finance Committee, and the house 28.28 of representatives Environment and 28.29 Natural Resources Finance Committee, 28.30 identifying all firefighting costs 28.31 incurred and reimbursements received in 28.32 the prior fiscal year. These 28.33 appropriations may not be transferred. 28.34 Any reimbursement of firefighting 28.35 expenditures made to the commissioner 28.36 from any source other than federal 28.37 mobilizations shall be deposited into 28.38 the general fund. 28.39 $9,715,000 the first year and 28.40 $9,715,000 the second year are from the 28.41 forest management investment account in 28.42 the natural resources fund for only the 28.43 purposes specified in Minnesota 28.44 Statutes, section 89.039, subdivision 2. 28.45 $730,000 the first year and $730,000 28.46 the second year are for the Forest 28.47 Resources Council for implementation of 28.48 the Sustainable Forest Resources Act. 28.49 $350,000 the first year and $350,000 28.50 the second year are for the FORIST 28.51 Timber Management Information System 28.52 and for increased forestry management. 28.53 The amount in the second year is also 28.54 available in the first year. 28.55 $250,000 the first year and $250,000 28.56 the second year are from the game and 28.57 fish fund to implement Ecological 28.58 Classification Systems (ECS) standards 28.59 on forested landscapes. This 28.60 appropriation is from revenue deposited 29.1 in the game and fish fund under 29.2 Minnesota Statutes, section 297A.94, 29.3 paragraph (e), clause (1). 29.4 Subd. 5. Parks and Recreation 29.5 Management 29.6 23,644,000 23,732,000 29.7 Summary by Fund 29.8 General 19,279,000 19,279,000 29.9 Natural Resources 4,365,000 4,453,000 29.10 $640,000 the first year and $640,000 29.11 the second year are from the water 29.12 recreation account in the natural 29.13 resources fund for state park water 29.14 access projects. 29.15 $3,725,000 the first year and 29.16 $3,813,000 the second year are from the 29.17 natural resources fund for state park 29.18 and recreation area operations. This 29.19 appropriation is from the revenue 29.20 deposited in the natural resources fund 29.21 under Minnesota Statutes, section 29.22 297A.94, paragraph (e), clause (2). 29.23 Subd. 6. Trails and Waterways 29.24 Management 29.25 23,098,000 23,050,000 29.26 Summary by Fund 29.27 General 1,284,000 1,284,000 29.28 Natural Resources 19,723,000 19,679,000 29.29 Game and Fish 2,091,000 2,087,000 29.30 $5,724,000 the first year and 29.31 $5,724,000 the second year are from the 29.32 snowmobile trails and enforcement 29.33 account in the natural resources fund 29.34 for snowmobile grants-in-aid. Any 29.35 unencumbered balance does not cancel at 29.36 the end of the first year and is 29.37 available for the second year. 29.38 $625,000 the first year and $625,000 29.39 the second year are from the natural 29.40 resources fund for off-highway vehicle 29.41 grants-in-aid. Of this amount, 29.42 $475,000 each year is from the 29.43 all-terrain vehicle account; $50,000 29.44 each year is from the off-highway 29.45 motorcycle account; and $100,000 each 29.46 year is from the off-road vehicle 29.47 account. Any unencumbered balance does 29.48 not cancel at the end of the first year 29.49 and is available for the second year. 29.50 $261,000 the first year and $261,000 29.51 the second year are from the water 29.52 recreation account in the natural 29.53 resources fund for a safe harbor 29.54 program on Lake Superior. 30.1 $742,000 the first year and $760,000 30.2 the second year are from the natural 30.3 resources fund for state trail 30.4 operations. This appropriation is from 30.5 the revenue deposited in the natural 30.6 resources fund under Minnesota 30.7 Statutes, section 297A.94, paragraph 30.8 (e), clause (2). 30.9 $632,000 the first year and $645,000 30.10 the second year are from the natural 30.11 resources fund for trail grants to 30.12 local units of government on land to be 30.13 maintained for at least 20 years for 30.14 the purposes of the grant. This 30.15 appropriation is from the revenue 30.16 deposited in the natural resources fund 30.17 under Minnesota Statutes, section 30.18 297A.94, paragraph (e), clause (4). 30.19 $75,000 the first year is from the 30.20 all-terrain vehicle account in the 30.21 natural resources fund for a study to 30.22 determine the amount of gasoline used 30.23 each year by all-terrain vehicle riders 30.24 in the state. The commissioners of 30.25 natural resources, revenue, and 30.26 transportation shall jointly determine 30.27 the amount of unrefunded gasoline tax 30.28 attributable to all-terrain vehicle use 30.29 in the state and shall report to the 30.30 legislature by March 1, 2006, with an 30.31 appropriate proposed revision to 30.32 Minnesota Statutes, section 296A.18. 30.33 Subd. 7. Fish and Wildlife Management 30.34 54,935,000 56,319,000 30.35 Summary by Fund 30.36 General 1,966,000 1,966,000 30.37 Natural Resources 1,542,000 1,542,000 30.38 Game and Fish 51,427,000 52,811,000 30.39 $407,000 the first year and $412,000 30.40 the second year are for resource 30.41 population surveys in the 1837 treaty 30.42 area. Of this amount, $265,000 the 30.43 first year and $270,000 the second year 30.44 are from the game and fish fund. 30.45 $7,233,000 the first year and 30.46 $7,233,000 the second year are from the 30.47 heritage enhancement account in the 30.48 game and fish fund for only the 30.49 purposes specified in Minnesota 30.50 Statutes, section 297A.94, paragraph 30.51 (e), clause (1). 30.52 Notwithstanding Minnesota Statutes, 30.53 section 297A.94, this appropriation may 30.54 be used for hunter recruitment and 30.55 retention and public land user 30.56 facilities. 30.57 The commissioner shall transfer $8,000 30.58 the first year and $8,000 the second 30.59 year from the game and fish fund to the 31.1 wild turkey management account for 31.2 purposes specified in Minnesota 31.3 Statutes, section 97A.075, subdivision 31.4 5. 31.5 Subd. 8. Ecological Services 31.6 10,219,000 10,283,000 31.7 Summary by Fund 31.8 General 3,275,000 3,275,000 31.9 Natural Resources 3,153,000 3,153,000 31.10 Game and Fish 3,791,000 3,855,000 31.11 $1,128,000 the first year and 31.12 $1,128,000 the second year are from the 31.13 nongame wildlife management account in 31.14 the natural resources fund for the 31.15 purpose of nongame wildlife management. 31.16 Notwithstanding Minnesota Statutes, 31.17 section 290.431, $100,000 the first 31.18 year and $100,000 the second year may 31.19 be used for nongame information, 31.20 education, and promotion. 31.21 $1,588,000 the first year and 31.22 $1,588,000 the second year are from the 31.23 heritage enhancement account in the 31.24 game and fish fund for only the 31.25 purposes specified in Minnesota 31.26 Statutes, section 297A.94, paragraph 31.27 (e), clause (1). This appropriation is 31.28 from the revenue deposited in the game 31.29 and fish fund under Minnesota Statutes, 31.30 section 297A.94, paragraph (e), clause 31.31 (1). 31.32 Subd. 9. Enforcement 31.33 29,117,000 29,687,000 31.34 Summary by Fund 31.35 General 3,356,000 3,356,000 31.36 Natural Resources 7,133,000 7,133,000 31.37 Game and Fish 18,528,000 19,098,000 31.38 Remediation 100,000 100,000 31.39 $1,082,000 the first year and 31.40 $1,082,000 the second year are from the 31.41 water recreation account in the natural 31.42 resources fund for grants to counties 31.43 for boat and water safety. 31.44 $100,000 the first year and $100,000 31.45 the second year are from the 31.46 remediation fund for solid waste 31.47 enforcement activities under Minnesota 31.48 Statutes, section 116.073. 31.49 $315,000 the first year and $315,000 31.50 the second year are from the snowmobile 31.51 trails and enforcement account in the 31.52 natural resources fund for grants to 32.1 local law enforcement agencies for 32.2 snowmobile enforcement activities. 32.3 $1,164,000 the first year and 32.4 $1,164,000 the second year are from the 32.5 heritage enhancement account in the 32.6 game and fish fund for only the 32.7 purposes specified in Minnesota 32.8 Statutes, section 297A.94, paragraph 32.9 (e), clause (1). This appropriation is 32.10 from the revenue deposited in the game 32.11 and fish fund under Minnesota Statutes, 32.12 section 297A.94, paragraph (e), clause 32.13 (1). 32.14 Overtime must be distributed to 32.15 conservation officers at historical 32.16 levels; however, a reasonable reduction 32.17 or addition may be made to the 32.18 officer's allocation, if justified, 32.19 based on an individual officer's 32.20 workload. If funding for enforcement 32.21 is reduced because of an unallotment, 32.22 the overtime bank may be reduced in 32.23 proportion to reductions made in other 32.24 areas of the budget. 32.25 $225,000 the first year and $225,000 32.26 the second year are from the natural 32.27 resources fund for grants to county law 32.28 enforcement agencies for off-highway 32.29 vehicle enforcement and public 32.30 education activities based on 32.31 off-highway vehicle use in the county. 32.32 Of this amount, $213,000 each year is 32.33 from the all-terrain vehicle account; 32.34 $11,000 each year is from the 32.35 off-highway motorcycle account; and 32.36 $1,000 each year is from the off-road 32.37 vehicle account. The county 32.38 enforcement agencies may use money 32.39 received under this appropriation to 32.40 make grants to other local enforcement 32.41 agencies within the county that have a 32.42 high concentration of off-highway 32.43 vehicle use. Of this appropriation, 32.44 $25,000 each year is for administration 32.45 of these grants. 32.46 $200,000 the first year and $200,000 32.47 the second year are from the natural 32.48 resources fund for an off-highway 32.49 vehicle safety and conservation grant 32.50 program. Of this amount, $180,000 each 32.51 year is from the all-terrain vehicle 32.52 account; $10,000 each year is from the 32.53 off-highway motorcycle account; and 32.54 $10,000 each year is from the off-road 32.55 vehicle account. Any unencumbered 32.56 balance does not cancel at the end of 32.57 the first year and is available for the 32.58 second year. 32.59 Subd. 10. Operations Support 32.60 10,653,000 9,150,000 32.61 Summary by Fund 32.62 General 4,900,000 4,900,000 33.1 Natural Resources 2,925,000 1,325,000 33.2 Game and Fish 2,828,000 2,925,000 33.3 $1,600,000 is from the state land and 33.4 water conservation account (LAWCON) in 33.5 the natural resources fund to the 33.6 commissioner of natural resources for 33.7 priorities established by the 33.8 commissioner for eligible state 33.9 projects and administrative and 33.10 planning activities consistent with 33.11 Minnesota Statutes, section 116P.14, 33.12 and the federal Land and Water 33.13 Conservation Fund Act. This 33.14 appropriation is contingent upon 33.15 receipt of the federal obligation and 33.16 remains available until June 30, 2008, 33.17 at which time the projects must be 33.18 completed and final products delivered, 33.19 unless an earlier date is specified in 33.20 the work program. 33.21 Sec. 4. MINNESOTA 33.22 CONSERVATION CORPS 490,000 490,000 33.23 The Minnesota Conservation Corps may 33.24 receive money appropriated under this 33.25 section only as provided in an 33.26 agreement with the commissioner of 33.27 natural resources. 33.28 Sec. 5. BOARD OF WATER 33.29 AND SOIL RESOURCES 15,026,000 15,026,000 33.30 $4,102,000 the first year and 33.31 $4,102,000 the second year are for 33.32 natural resources block grants to local 33.33 governments. 33.34 The board may reduce the amount of the 33.35 natural resources block grant to a 33.36 county by an amount equal to any 33.37 reduction in the county's general 33.38 services allocation to a soil and water 33.39 conservation district from the county's 33.40 previous year allocation when the board 33.41 determines that the reduction was 33.42 disproportionate. 33.43 Grants must be matched with a 33.44 combination of local cash or in-kind 33.45 contributions. The base grant portion 33.46 related to water planning must be 33.47 matched by an amount that would be 33.48 raised by a levy under Minnesota 33.49 Statutes, section 103B.3369. 33.50 $3,566,000 the first year and 33.51 $3,566,000 the second year are for 33.52 grants to soil and water conservation 33.53 districts for general purposes, 33.54 nonpoint engineering, and 33.55 implementation of the reinvest in 33.56 Minnesota conservation reserve 33.57 program. Upon approval of the board, 33.58 expenditures may be made from these 33.59 appropriations for supplies and 33.60 services benefiting soil and water 33.61 conservation districts. 34.1 $3,285,000 the first year and 34.2 $3,285,000 the second year are for 34.3 grants to soil and water conservation 34.4 districts for cost-sharing contracts 34.5 for erosion control and water quality 34.6 management. Of this amount, at least 34.7 $1,500,000 the first year and 34.8 $1,500,000 the second year are for 34.9 grants for cost-sharing contracts for 34.10 water quality management on feedlots. 34.11 Any unencumbered balance in the board's 34.12 program of grants does not cancel at 34.13 the end of the first year and is 34.14 available for the second year for the 34.15 same grant program. This appropriation 34.16 is available until expended. If the 34.17 appropriation in either year is 34.18 insufficient, the appropriation in the 34.19 other year is available for it. 34.20 $100,000 the first year and $100,000 34.21 the second year are for a grant to the 34.22 Red River Basin Commission to develop a 34.23 Red River basin plan and to coordinate 34.24 water management activities in the 34.25 states and provinces bordering the Red 34.26 River. The unencumbered balance in the 34.27 first year does not cancel but is 34.28 available for the second year. 34.29 The board has authority to receive and 34.30 expend money to acquire conservation 34.31 easements, as defined in Minnesota 34.32 Statutes, chapter 84C, on behalf of the 34.33 state and federal government, 34.34 consistent with the Camp Ripley's Army 34.35 Compatible Use Buffer Project. 34.36 Sec. 6. ZOOLOGICAL BOARD 6,686,000 6,689,000 34.37 Summary by Fund 34.38 General 6,557,000 6,557,000 34.39 Natural Resources 132,000 134,000 34.40 $132,000 the first year and $134,000 34.41 the second year are from the natural 34.42 resources fund from the revenue 34.43 deposited under Minnesota Statutes, 34.44 section 297A.94, paragraph (e), clause 34.45 (5). This is a onetime appropriation. 34.46 Sec. 7. SCIENCE MUSEUM 34.47 OF MINNESOTA 750,000 750,000 34.48 Sec. 8. METROPOLITAN COUNCIL 7,452,000 7,452,000 34.49 Summary by Fund 34.50 General 3,300,000 3,300,000 34.51 Natural Resources 4,152,000 4,152,000 34.52 $3,300,000 the first year and 34.53 $3,300,000 the second year are for 34.54 metropolitan area regional parks 34.55 maintenance and operations. 34.56 $4,152,000 the first year and 35.1 $4,152,000 the second year are from the 35.2 natural resources fund for metropolitan 35.3 area regional parks and trails 35.4 maintenance and operations. This 35.5 appropriation is from the revenue 35.6 deposited in the natural resources fund 35.7 under Minnesota Statutes, section 35.8 297A.94, paragraph (e), clause (3). 35.9 Sec. 9. MINNESOTA FUTURE 35.10 RESOURCES FUND 35.11 By June 30, 2006, and by June 30, 2007, 35.12 the commissioner of finance shall 35.13 transfer any remaining unappropriated 35.14 balance from the Minnesota future 35.15 resources fund to the general fund. 35.16 Sec. 10. Minnesota Statutes 2004, section 16A.125, 35.17 subdivision 5, is amended to read: 35.18 Subd. 5. [FOREST TRUST LANDS.] (a) The term "state forest 35.19 trust fund lands" as used in this subdivision, means public land 35.20 in trust under the Constitution set apart as "forest lands under 35.21 the authority of the commissioner" of natural resources as 35.22 defined by section 89.001, subdivision 13. 35.23 (b) The commissioner of finance shall credit the revenue 35.24 from the forest trust fund lands to the forest suspense 35.25 account. The account must specify the trust funds interested in 35.26 the lands and the respective receipts of the lands. 35.27 (c) After a fiscal year, the commissioner of finance shall 35.28 certify the total costs incurred for forestry during that year 35.29 under appropriations for the protection, improvement, 35.30 administration, and management of state forest trust fund lands 35.31 and construction and improvement of forest roads to enhance the 35.32 forest value of the lands. The certificate must specify the 35.33 trust funds interested in the lands. The commissioner of 35.34 natural resources shall supply the commissioner of finance with 35.35 the information needed for the certificate. 35.36 (d) After a fiscal year, the commissioner shall distribute 35.37 the receipts credited to the suspense account during that fiscal 35.38 year as follows: 35.39(a)(1) the amount of the certified costs incurred by the 35.40 state for forest management, forest improvement, and road 35.41 improvement during the fiscal year shall be transferred to 35.42 thegeneral fund.forest management investment account 36.1 established under section 89.039; 36.2 (2) the balance of the certified costs incurred by the 36.3 state during the fiscal year shall be transferred to the general 36.4 fund; and 36.5(b)(3) the balance of the receipts shall then be returned 36.6 prorated to the trust funds in proportion to their respective 36.7 interests in the lands which produced the receipts. 36.8 Sec. 11. Minnesota Statutes 2004, section 84.631, is 36.9 amended to read: 36.10 84.631 [ROAD EASEMENTS ACROSS STATE LANDS.] 36.11 (a) Except as provided in section 85.015, subdivision 1b, 36.12 the commissioner, on behalf of the state, may convey a road 36.13 easement across state land under the commissioner's jurisdiction 36.14 other than school trust land, to a private person requesting an 36.15 easement for access to property owned by the person only if the 36.16 following requirements are met: (1) there are no reasonable 36.17 alternatives to obtain access to the property; and (2) the 36.18 exercise of the easement will not cause significant adverse 36.19 environmental or natural resource management impacts. 36.20 (b) The commissioner shall: 36.21 (1) require the applicant to pay the market value of the 36.22 easement; 36.23 (2) provide that the easement reverts to the state in the 36.24 event of nonuse; and 36.25 (3) impose other terms and conditions of use as necessary 36.26 and appropriate under the circumstances. 36.27 (c) An applicant shall submit a fee of $2,000 with each 36.28 application for a road easement across state land. The 36.29 application fee is nonrefundable, even if the application is 36.30 withdrawn or denied. 36.31 (d) Fees collected under paragraph (c) must be deposited in 36.32 the land management account in the natural resources fund. 36.33 Sec. 12. [84.785] [OFF-HIGHWAY VEHICLE SAFETY AND 36.34 CONSERVATION GRANT PROGRAM.] 36.35 Subdivision 1. [CREATION.] The commissioner of natural 36.36 resources shall establish an off-highway vehicle safety and 37.1 conservation grant program to make grants to organizations that 37.2 meet the eligibility requirements under subdivision 3. 37.3 Subd. 2. [PURPOSE.] The purpose of the off-highway vehicle 37.4 safety and conservation grant program is to encourage 37.5 off-highway vehicle clubs to assist in safety training; 37.6 environmental education; and improving, maintaining, and 37.7 monitoring public trails. This section does not grant law 37.8 enforcement authority. 37.9 Subd. 3. [ELIGIBILITY.] To be eligible for a grant under 37.10 this section, an organization must: 37.11 (1) be a statewide, nonprofit organization that promotes 37.12 the operation of off-highway vehicles in a manner that is safe 37.13 and responsible; 37.14 (2) support the safe operation of off-highway vehicles in a 37.15 manner that does not conflict with the laws and rules that 37.16 relate to the operation of off-highway vehicles; 37.17 (3) have an interest in the safe, lawful, and responsible 37.18 operation of off-highway vehicles; 37.19 (4) be governed by a board of directors that has a majority 37.20 of members who are representatives of off-highway vehicle clubs; 37.21 and 37.22 (5) provide support to off-highway vehicle clubs. 37.23 Subd. 4. [USE OF GRANT.] An organization receiving a grant 37.24 under this section shall use the grant money to promote and 37.25 provide support to the Department of Natural Resources by: 37.26 (1) training volunteers to assist in improving, 37.27 maintaining, and monitoring public trails and other public 37.28 lands; 37.29 (2) providing assistance to the department in locating, 37.30 recruiting, and training instructors; 37.31 (3) publishing a manual in cooperation with the 37.32 commissioner to be used to train volunteers in monitoring the 37.33 operation of off-highway vehicles for safety, environmental, and 37.34 other issues that relate to the responsible operation of 37.35 off-highway vehicles; 37.36 (4) collecting data on the operation of off-highway 38.1 vehicles in the state; and 38.2 (5) publishing an annual report outlining accomplishments 38.3 and annual costs related to the efforts under this subdivision. 38.4 The report must be approved by the commissioner. 38.5 Subd. 5. [VOLUNTEER STATUS.] Volunteers of the nonprofit 38.6 organization and any volunteers under this section are not 38.7 volunteers for purposes of section 84.089. 38.8 Subd. 6. [WORKER DISPLACEMENT PROHIBITED.] The 38.9 commissioner may not enter into any agreement that has the 38.10 purpose of or results in the displacement of public employees by 38.11 volunteers participating in the off-highway vehicle safety and 38.12 conservation grant program under this section. The commissioner 38.13 must certify to the appropriate bargaining agent that the work 38.14 performed by a volunteer will not result in the displacement of 38.15 currently employed workers or workers on seasonal layoff or 38.16 layoff from a substantially equivalent position, including 38.17 partial displacement such as reduction in hours of nonovertime 38.18 work, wages, or other employment benefits. 38.19 Sec. 13. [84.976] [RIPARIAN LAND ENHANCEMENT ACCOUNT.] 38.20 The riparian land enhancement account is created as an 38.21 account in the natural resources fund. Interest accruing from 38.22 investment of the account must be credited to the account. 38.23 Sec. 14. Minnesota Statutes 2004, section 85.052, 38.24 subdivision 4, is amended to read: 38.25 Subd. 4. [DEPOSIT OF FEES.] (a) Fees paid for providing 38.26 contracted products and services within a state park, state 38.27 recreation area, or wayside,and for special state park uses 38.28 under this section shall be deposited in the natural resources 38.29 fund and credited to a state parks account. Money in the 38.30 account is annually appropriated to the commissioner to operate 38.31 and maintain the state park system. 38.32 (b) Gross receipts derived from sales, rentals, or leases 38.33 of natural resources within state parks, recreation areas, and 38.34 waysides, other than those on trust fund lands, must be 38.35 deposited in the state treasury and credited to the general fund. 38.36 Sec. 15. Minnesota Statutes 2004, section 85.055, is 39.1 amended by adding a subdivision to read: 39.2 Subd. 1b. [DISCOUNTS.] Except as otherwise specified in 39.3 law, and notwithstanding section 16A.1285, subdivision 2, the 39.4 commissioner may by written order authorize waiver or reduction 39.5 of state park entrance fees. 39.6 Sec. 16. Minnesota Statutes 2004, section 85.055, 39.7 subdivision 2, is amended to read: 39.8 Subd. 2. [FEE DEPOSIT AND APPROPRIATION.] The fees 39.9 collected under this section shall be deposited in the natural 39.10 resources fund and credited to a state parks account. Money in 39.11 the account is annually appropriated to the commissioner to 39.12 operate and maintain the state park system. 39.13 Sec. 17. Minnesota Statutes 2004, section 85.42, is 39.14 amended to read: 39.15 85.42 [USER FEE; VALIDITY.] 39.16 (a) The fee for an annual cross-country ski pass is$9$14 39.17 for an individual age 16 and over. The fee for a three-year 39.18 pass is$24$39 for an individual age 16 and over. This fee 39.19 shall be collected at the time the pass is purchased. 39.20 Three-year passes are valid for three years beginning the 39.21 previous July 1. Annual passes are valid for one year beginning 39.22 the previous July 1. 39.23 (b) The cost for a daily cross-country skier pass is$2$4 39.24 for an individual age 16 and over. This fee shall be collected 39.25 at the time the pass is purchased. The daily pass is valid only 39.26 for the date designated on the pass form. 39.27 (c) A pass must be signed by the skier across the front of 39.28 the pass to be valid and becomes nontransferable on signing. 39.29 Sec. 18. Minnesota Statutes 2004, section 89.039, 39.30 subdivision 1, is amended to read: 39.31 Subdivision 1. [ACCOUNT ESTABLISHED; SOURCES.] The forest 39.32 management investment account is created in the natural 39.33 resources fund in the state treasury and money in the account 39.34 may be spent only for the purposes provided in subdivision 2. 39.35 The following revenue shall be deposited in the forest 39.36 management investment account: 40.1 (1) timber sales receipts transferred from the consolidated 40.2 conservation areas account as provided in section 84A.51, 40.3 subdivision 2; 40.4 (2) timber sales receipts from forest lands as provided in 40.5 section 89.035;and40.6 (3) money transferred from the forest suspense account 40.7 according to section 16A.125, subdivision 5; and 40.8 (4) interest accruing from investment of the account. 40.9 Sec. 19. Minnesota Statutes 2004, section 89.37, is 40.10 amended by adding a subdivision to read: 40.11 Subd. 4a. [SURCHARGE.] For tree seedlings sold according 40.12 to this section, the commissioner may assess a 2.5 cent 40.13 surcharge on each tree seedling. All surcharges collected under 40.14 this subdivision must be deposited in the state treasury and 40.15 credited to the forest nursery account and are annually 40.16 appropriated to the commissioner for the purpose of forestry 40.17 education and technical assistance. 40.18 Sec. 20. [92.685] [LAND MANAGEMENT ACCOUNT.] 40.19 The land management account is created in the natural 40.20 resources fund. Money credited to the account is appropriated 40.21 annually to the commissioner of natural resources for the Lands 40.22 and Minerals Division to administer the road easement program 40.23 under section 84.631. 40.24 Sec. 21. Minnesota Statutes 2004, section 93.22, 40.25 subdivision 1, is amended to read: 40.26 Subdivision 1. [GENERALLY.] (a) All payments under 40.27 sections 93.14 to 93.285 shall be made to the Department of 40.28 Natural Resources and shall be credited according to this 40.29 section. 40.30(a)(b) Twenty percent of all payments under sections 93.14 40.31 to 93.285 shall be credited to the minerals management account 40.32 in the natural resources fund as costs for the administration 40.33 and management of state mineral resources by the commissioner of 40.34 natural resources. 40.35 (c) The remainder of the payments shall be credited as 40.36 follows: 41.1 (1) if the lands or minerals and mineral rights covered by 41.2 a lease are held by the state by virtue of an act of Congress, 41.3 payments made under the lease shall be credited to the permanent 41.4 fund of the class of land to which the leased premises belong.; 41.5(b)(2) if a lease covers the bed of navigable waters, 41.6 payments made under the lease shall be credited to the permanent 41.7 school fund of the state.; 41.8(c)(3) if the lands or minerals and mineral rights covered 41.9 by a lease are held by the state in trust for the taxing 41.10 districts, payments made under the lease shall be distributed 41.11 annually on the first day of Septemberas follows:41.12(1) 20 percent to the general fund; and41.13(2) 80 percentto the respective counties in which the 41.14 lands lie, to be apportioned among the taxing districts 41.15 interested therein as follows: county, three-ninths; town or 41.16 city, two-ninths; and school district, four-ninths.; 41.17 (4) if the lands or mineral rights covered by a lease 41.18 became the absolute property of the state under the provisions 41.19 of chapter 84A, payments made under the lease shall be 41.20 distributed as follows: county containing the land from which 41.21 the income was derived, five-eighths; and general fund of the 41.22 state, three-eighths; and 41.23(d)(5) Except as provided under this section and except 41.24 where the disposition of payments may be otherwise directed by 41.25 law,allpayments made under a lease shall be paid into the 41.26 general fund of the state. 41.27 Sec. 22. [93.2236] [MINERALS MANAGEMENT ACCOUNT.] 41.28 (a) The minerals management account is created as an 41.29 account in the natural resources fund. Interest earned on money 41.30 in the account accrues to the account. Money in the account may 41.31 be spent or distributed only as provided in paragraphs (b) and 41.32 (c). 41.33 (b) If the balance in the minerals management account 41.34 exceeds $3,000,000 on June 30, the amount exceeding $3,000,000 41.35 must be distributed to the permanent school fund and the 41.36 permanent university fund. The amount distributed to each fund 42.1 must be in the same proportion as the total mineral lease 42.2 revenue received in the previous biennium from school trust 42.3 lands and university lands. 42.4 (c) Subject to appropriation by the legislature, money in 42.5 the minerals management account may be spent by the commissioner 42.6 of natural resources for mineral resource management and 42.7 projects to enhance future mineral income and promote new 42.8 mineral resource opportunities. 42.9 Sec. 23. Minnesota Statutes 2004, section 97A.071, 42.10 subdivision 2, is amended to read: 42.11 Subd. 2. [REVENUE FROM SMALL GAME LICENSE SURCHARGE AND 42.12 LIFETIME LICENSES.] Revenue from the small game surcharge and 42.13 $6.50 annually from the lifetime fish and wildlife trust fund, 42.14 established in section 97A.4742, for each license issued under 42.15 sections 97A.473, subdivisions 3 and 5, and 97A.474, subdivision 42.16 3, shall be credited to the wildlife acquisition account and the 42.17 money in the accountshall be used byis annually appropriated 42.18 to the commissioner only for the purposes of this section, and 42.19 acquisition and development of wildlife lands under section 42.20 97A.145 and maintenance of the lands, in accordance with42.21appropriations made by the legislature. 42.22 Sec. 24. Minnesota Statutes 2004, section 97A.075, is 42.23 amended to read: 42.24 97A.075 [USE OF LICENSE REVENUES.] 42.25 Subdivision 1. [DEER, BEAR, AND LIFETIME LICENSES.] (a) 42.26 For purposes of this subdivision, "deer license" means a license 42.27 issued under section 97A.475, subdivisions 2, clauses (4), (5), 42.28 (9), (11), (13), and (14), and 3, clauses (2), (3), and (7), and 42.29 licenses issued under section 97B.301, subdivision 4. 42.30 (b)At least$2 from each annual deer license and $2 42.31 annually from the lifetime fish and wildlife trust fund, 42.32 established in section 97A.4742, for each license issued under 42.33 section 97A.473, subdivision 4,shall be usedare annually 42.34 appropriated to the commissioner for deer habitat improvement or 42.35 deer management programs. 42.36 (c)At least$1 from each annual deer license and each bear 43.1 license and $1 annually from the lifetime fish and wildlife 43.2 trust fund, established in section 97A.4742, for each license 43.3 issued under section 97A.473, subdivision 4,shall be usedare 43.4 annually appropriated to the commissioner for deer and bear 43.5 management programs, including a computerized licensing system. 43.6 Fifty cents from each deer license is appropriated for emergency 43.7 deer feeding and wild cervidae health management. Money 43.8 appropriated for emergency deer feeding and wild cervidae health 43.9 management is available until expended. When the unencumbered 43.10 balance in the appropriation for emergency deer feeding and wild 43.11 cervidae health management at the end of a fiscal year exceeds 43.12 $2,500,000 for the first time, $750,000 is canceled to the 43.13 unappropriated balance of the game and fish fund. The 43.14 commissioner must inform the legislative chairs of the natural 43.15 resources finance committees every two years on how the money 43.16 for emergency deer feeding and wild cervidae health management 43.17 has been spent. 43.18 Thereafter, when the unencumbered balance in the 43.19 appropriation for emergency deer feeding and wild cervidae 43.20 health management exceeds $2,500,000 at the end of a fiscal 43.21 year, the unencumbered balance in excess of $2,500,000 is 43.22 canceled and available for deer and bear management programs and 43.23 computerized licensing. 43.24 Subd. 2. [MINNESOTA MIGRATORY WATERFOWL STAMP.] (a) Ninety 43.25 percent of the revenue from the Minnesota migratory waterfowl 43.26 stamps must be credited to the waterfowl habitat improvement 43.27 account. Money in the accountmay be usedis annually 43.28 appropriated to the commissioner only for: 43.29 (1) development of wetlands and lakes in the state and 43.30 designated waterfowl management lakes for maximum migratory 43.31 waterfowl production including habitat evaluation, the 43.32 construction of dikes, water control structures and 43.33 impoundments, nest cover, rough fish barriers, acquisition of 43.34 sites and facilities necessary for development and management of 43.35 existing migratory waterfowl habitat and the designation of 43.36 waters under section 97A.101; 44.1 (2) management of migratory waterfowl; 44.2 (3) development, restoration, maintenance, or preservation 44.3 of migratory waterfowl habitat; 44.4 (4) acquisition of and access to structure sites; and 44.5 (5) the promotion of waterfowl habitat development and 44.6 maintenance, including promotion and evaluation of government 44.7 farm program benefits for waterfowl habitat. 44.8 (b) Money in the account may not be used for costs unless 44.9 they are directly related to a specific parcel of land or body 44.10 of water under paragraph (a), clause (1), (3), (4), or (5), or 44.11 to specific management activities under paragraph (a), clause 44.12 (2). 44.13 Subd. 3. [TROUT AND SALMON STAMP.] (a) Ninety percent of 44.14 the revenue from trout and salmon stamps must be credited to the 44.15 trout and salmon management account. Money in the accountmay44.16be usedis annually appropriated to the commissioner only for: 44.17 (1) the development, restoration, maintenance, improvement, 44.18 protection, and preservation of habitat for trout and salmon in 44.19 trout streams and lakes, including, but not limited to, 44.20 evaluating habitat; stabilizing eroding stream banks; adding 44.21 fish cover; modifying stream channels; managing vegetation to 44.22 protect, shade, or reduce runoff on stream banks; and purchasing 44.23 equipment to accomplish these tasks; 44.24 (2) rearingoftrout and salmonand, including utility and 44.25 service costs associated with coldwater hatchery buildings and 44.26 systems; stockingoftrout and salmon in streams and lakes and 44.27 Lake Superior; and monitoring and evaluating stocked trout and 44.28 salmon; 44.29 (3) acquisition of easements and fee title along trout 44.30 waters; 44.31 (4) identifying easement and fee title areas along trout 44.32 waters; and 44.33 (5) research and special management projects on trout 44.34 streams, trout lakes, and Lake Superior andthe anadromous44.35 portions of its tributaries. 44.36 (b) Money in the account may not be used for costs unless 45.1 they are directly related to a specific parcel of land or body 45.2 of water under paragraph (a)or, to specific fish rearing 45.3 activities under paragraph (a), clause (2), or for costs 45.4 associated with supplies and equipment to implement trout and 45.5 salmon management activities under paragraph (a). 45.6 Subd. 4. [PHEASANT STAMP.] (a) Ninety percent of the 45.7 revenue from pheasant stamps must be credited to the pheasant 45.8 habitat improvement account. Money in the accountmay be used45.9 is annually appropriated to the commissioner only for: 45.10 (1) the development, restoration, and maintenance of 45.11 suitable habitat for ringnecked pheasants on public and private 45.12 land including the establishment of nesting cover, winter cover, 45.13 and reliable food sources; 45.14 (2) reimbursement of landowners for setting aside lands for 45.15 pheasant habitat; 45.16 (3) reimbursement of expenditures to provide pheasant 45.17 habitat on public and private land; 45.18 (4) the promotion of pheasant habitat development and 45.19 maintenance, including promotion and evaluation of government 45.20 farm program benefits for pheasant habitat; and 45.21 (5) the acquisition of lands suitable for pheasant habitat 45.22 management and public hunting. 45.23 (b) Money in the account may not be used for: 45.24 (1) costs unless they are directly related to a specific 45.25 parcel of land under paragraph (a), clause (1), (3), or (5), or 45.26 to specific promotional or evaluative activities under paragraph 45.27 (a), clause (4); or 45.28 (2) any personnel costs, except that prior to July 1, 2009, 45.29 personnel may be hired to provide technical and promotional 45.30 assistance for private landowners to implement conservation 45.31 provisions of state and federal programs. 45.32 Subd. 5. [TURKEY STAMPS.] (a) Ninety percent of the 45.33 revenue from turkey stamps must be credited to the wild turkey 45.34 management account. Money in the accountmay be usedis 45.35 annually appropriated to the commissioner only for: 45.36 (1) the development, restoration, and maintenance of 46.1 suitable habitat for wild turkeys on public and private land 46.2 including forest stand improvement and establishment of nesting 46.3 cover, winter roost area, and reliable food sources; 46.4 (2) acquisitions of, or easements on, critical wild turkey 46.5 habitat; 46.6 (3) reimbursement of expenditures to provide wild turkey 46.7 habitat on public and private land; 46.8 (4) trapping and transplantation of wild turkeys; and 46.9 (5) the promotion of turkey habitat development and 46.10 maintenance, population surveys and monitoring, and research. 46.11 (b) Money in the account may not be used for: 46.12 (1) costs unless they are directly related to a specific 46.13 parcel of land under paragraph (a), clauses (1) to (3), a 46.14 specific trap and transplant project under paragraph (a), clause 46.15 (4), or to specific promotional or evaluative activities under 46.16 paragraph (a), clause (5); or 46.17 (2) any permanent personnel costs. 46.18 Sec. 25. Minnesota Statutes 2004, section 103G.271, 46.19 subdivision 6, is amended to read: 46.20 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 46.21 described in paragraphs (b) to (f), a water use permit 46.22 processing fee must be prescribed by the commissioner in 46.23 accordance with the schedule of fees in this subdivision for 46.24 each water use permit in force at any time during the year. The 46.25 schedule is as follows, with the stated fee in each clause 46.26 applied to the total amount appropriated: 46.27 (1) $101 for amounts not exceeding 50,000,000 gallons per 46.28 year; 46.29 (2) $3 per 1,000,000 gallons for amounts greater than 46.30 50,000,000 gallons but less than 100,000,000 gallons per year; 46.31 (3) $3.50 per 1,000,000 gallons for amounts greater than 46.32 100,000,000 gallons but less than 150,000,000 gallons per year; 46.33 (4) $4 per 1,000,000 gallons for amounts greater than 46.34 150,000,000 gallons but less than 200,000,000 gallons per year; 46.35 (5) $4.50 per 1,000,000 gallons for amounts greater than 46.36 200,000,000 gallons but less than 250,000,000 gallons per year; 47.1 (6) $5 per 1,000,000 gallons for amounts greater than 47.2 250,000,000 gallons but less than 300,000,000 gallons per year; 47.3 (7) $5.50 per 1,000,000 gallons for amounts greater than 47.4 300,000,000 gallons but less than 350,000,000 gallons per year; 47.5 (8) $6 per 1,000,000 gallons for amounts greater than 47.6 350,000,000 gallons but less than 400,000,000 gallons per year; 47.7 (9) $6.50 per 1,000,000 gallons for amounts greater than 47.8 400,000,000 gallons but less than 450,000,000 gallons per year; 47.9 (10) $7 per 1,000,000 gallons for amounts greater than 47.10 450,000,000 gallons but less than 500,000,000 gallons per year; 47.11 and 47.12 (11) $7.50 per 1,000,000 gallons for amounts greater than 47.13 500,000,000 gallons per year. 47.14 (b) For once-through cooling systems, a water use 47.15 processing fee must be prescribed by the commissioner in 47.16 accordance with the following schedule of fees for each water 47.17 use permit in force at any time during the year: 47.18 (1) for nonprofit corporations and school districts, $150 47.19 per 1,000,000 gallons; and 47.20 (2) for all other users,$200$300 per 1,000,000 gallons. 47.21 (c) The fee is payable based on the amount of water 47.22 appropriated during the year and, except as provided in 47.23 paragraph (f), the minimum fee is $100. 47.24 (d) For water use processing fees other than once-through 47.25 cooling systems: 47.26 (1) the fee for a city of the first class may not exceed 47.27 $250,000 per year; 47.28 (2) the fee for other entities for any permitted use may 47.29 not exceed: 47.30 (i) $50,000 per year for an entity holding three or fewer 47.31 permits; 47.32 (ii) $75,000 per year for an entity holding four or five 47.33 permits; 47.34 (iii) $250,000 per year for an entity holding more than 47.35 five permits; 47.36 (3) the fee for agricultural irrigation may not exceed $750 48.1 per year; 48.2 (4) the fee for a municipality that furnishes electric 48.3 service and cogenerates steam for home heating may not exceed 48.4 $10,000 for its permit for water use related to the cogeneration 48.5 of electricity and steam; and 48.6 (5) no fee is required for a project involving the 48.7 appropriation of surface water to prevent flood damage or to 48.8 remove flood waters during a period of flooding, as determined 48.9 by the commissioner. 48.10 (e) Failure to pay the fee is sufficient cause for revoking 48.11 a permit. A penalty of two percent per month calculated from 48.12 the original due date must be imposed on the unpaid balance of 48.13 fees remaining 30 days after the sending of a second notice of 48.14 fees due. A fee may not be imposed on an agency, as defined in 48.15 section 16B.01, subdivision 2, or federal governmental agency 48.16 holding a water appropriation permit. 48.17 (f)The minimum water use processing fee for a permit48.18issued for irrigation of agricultural land is $20 for years in48.19which:48.20(1) there is no appropriation of water under the permit; or48.21(2) the permit is suspended for more than seven consecutive48.22days between May 1 and October 1.A surcharge of $20 per 48.23 million gallons in addition to the fee prescribed in paragraph 48.24 (a) shall be applied to the volume of water used in June, July, 48.25 and August that exceeds the volume of water used in January for 48.26 municipal water use, irrigation of golf courses, and landscape 48.27 irrigation. 48.28 Sec. 26. Minnesota Statutes 2004, section 103G.301, 48.29 subdivision 2, is amended to read: 48.30 Subd. 2. [PERMIT APPLICATION FEES.] (a) An application for 48.31 a permit authorized under this chapter, and each request to 48.32 amend or transfer an existing permit, must be accompanied by a 48.33 permit application fee to defray the costs of receiving, 48.34 recording, and processing the application or request to amend or 48.35 transfer. 48.36 (b) The fee to apply for a permit to appropriate water, a 49.1 permit to construct or repair a dam that is subject to dam 49.2 safety inspection, or a state general permit or to apply for the 49.3 state water bank program is$75$150. The application fee for a 49.4 permit to work in public waters or to divert waters for mining 49.5 must be at least$75$150, but not more than$500$1,000, 49.6 according to a schedule of fees adopted under section 16A.1285. 49.7 Sec. 27. Minnesota Statutes 2004, section 103I.681, 49.8 subdivision 11, is amended to read: 49.9 Subd. 11. [PERMIT FEE SCHEDULE.] (a) The commissioner of 49.10 natural resources shall adopt a permit fee schedule under 49.11 chapter 14. The schedule may provide minimum fees for various 49.12 classes of permits, and additional fees, which may be imposed 49.13 subsequent to the application, based on the cost of receiving, 49.14 processing, analyzing, and issuing the permit, and the actual 49.15 inspecting and monitoring of the activities authorized by the 49.16 permit, including costs of consulting services. 49.17 (b) A fee may not be imposed on a state or federal 49.18 governmental agency applying for a permit. 49.19 (c) The fee schedule may provide for the refund of a fee, 49.20 in whole or in part, under circumstances prescribed by the 49.21 commissioner of natural resources.PermitFees received must be 49.22 deposited in the state treasury and credited to the general 49.23 fund.The amount of money necessary to pay the refunds is49.24 Permit fees received are appropriated annually from the general 49.25 fund to the commissioner of natural resources for the costs of 49.26 inspecting and monitoring the activities authorized by the 49.27 permit, including costs of consulting services. 49.28 Sec. 28. Minnesota Statutes 2004, section 168.1296, 49.29 subdivision 1, is amended to read: 49.30 Subdivision 1. [GENERAL REQUIREMENTS AND PROCEDURES.] (a) 49.31 The registrar shall issue special critical habitat license 49.32 plates to an applicant who: 49.33 (1) is an owner or joint owner of a passenger automobile, 49.34 pickup truck,orvan, or recreational equipment; 49.35 (2) pays a fee of $10 to cover the costs of handling and 49.36 manufacturing the plates; 50.1 (3) pays the registration tax required under section 50.2 168.013; 50.3 (4) pays the fees required under this chapter; 50.4 (5) contributes a minimum of $30 annually to the Minnesota 50.5 critical habitat private sector matching account established in 50.6 section 84.943; and 50.7 (6) complies with laws and rules governing registration and 50.8 licensing of vehicles and drivers. 50.9 (b) The critical habitat license application form must 50.10 clearly indicate that the annual contribution specified under 50.11 paragraph (a), clause (5), is a minimum contribution to receive 50.12 the license plate and that the applicant may make an additional 50.13 contribution to the account. 50.14 Sec. 29. Minnesota Statutes 2004, section 282.09, is 50.15 amended by adding a subdivision to read: 50.16 Subd. 3. [SALE OF LAND BORDERING PUBLIC 50.17 WATERS.] Notwithstanding subdivision 1, when money is generated 50.18 from the sale of tax-forfeited land that borders public waters, 50.19 the county auditor shall place only that portion of the money 50.20 into the forfeited tax sale fund that is directly related to 50.21 conducting the sale, including the costs of appraising the land, 50.22 conducting any necessary land surveys, and work associated with 50.23 clearing title to the land. All remaining money received from 50.24 the sale shall be paid into the riparian land enhancement 50.25 account of the natural resources fund. Money accruing and 50.26 credited to the riparian land enhancement account under this 50.27 subdivision is appropriated to the commissioner of natural 50.28 resources to issue grants for improving water resources in the 50.29 vicinity of the land that is sold. Grant projects may include, 50.30 but are not limited to, creation or enhancement of public water 50.31 accesses, shoreland and aquatic habitat improvement, water 50.32 quality improvement, or watershed enhancements that would 50.33 directly impact water resources in proximity to the former 50.34 tax-forfeited land. Appropriations under this subdivision 50.35 remain available until spent. 50.36 Sec. 30. [477A.125] [ANNUAL APPROPRIATIONS AFTER FISCAL 51.1 YEAR 2006.] 51.2 Notwithstanding sections 477A.11 to 477A.145, in fiscal 51.3 year 2007 and each year thereafter, the total annual payment 51.4 shall not exceed the amount of payment made in fiscal year 51.5 2006. In payment fiscal year 2007 and each year thereafter, 51.6 payments determined pursuant to sections 477A.11 to 477A.145 51.7 shall be adjusted in the same proportion that the total 51.8 aggregate payment made to the counties in fiscal year 2006 bears 51.9 to the aggregate payment for all counties determined pursuant to 51.10 sections 477A.11 to 477A.145 for the given payment year. 51.11 Sec. 31. [REPEALER.] 51.12 Minnesota Statutes 2004, section 84.901, is repealed. 51.13 ARTICLE 3 51.14 ENVIRONMENTAL REORGANIZATION 51.15 Section 1. Minnesota Statutes 2004, section 15.01, is 51.16 amended to read: 51.17 15.01 [DEPARTMENTS OF THE STATE.] 51.18 The following agencies are designated as the departments of 51.19 the state government: the Department of Administration; the 51.20 Department of Agriculture; the Department of Commerce; the 51.21 Department of Corrections; the Department of Education; the 51.22 Department of Employment and Economic Development; the 51.23 Department of Environmental Protection; the Department of 51.24 Finance; the Department of Health; the Department of Human 51.25 Rights; the Department of Labor and Industry; the Department of 51.26 Military Affairs; the Department of Natural Resources; the 51.27 Department of Employee Relations; the Department of Public 51.28 Safety; the Department of Human Services; the Department of 51.29 Revenue; the Department of Transportation; the Department of 51.30 Veterans Affairs; and their successor departments. 51.31 Sec. 2. Minnesota Statutes 2004, section 115A.06, 51.32 subdivision 5, is amended to read: 51.33 Subd. 5. [RIGHT OF ACCESS.] Whenever theoffice or the51.34director acting on behalf of the officecommissioner deems it 51.35 necessary to the accomplishment ofitsdepartment purposes, the 51.36officecommissioner or any member, employee, or agentthereofof 52.1 the department, when authorized byit orthedirector52.2 commissioner, may enter upon any property, public or private, 52.3 for the purpose of obtaining information or conducting surveys 52.4 or investigations, provided that the entrance and activity is 52.5 undertaken after reasonable notice and during normal business 52.6 hours and provided that compensation is made for any damages to 52.7 the property caused by the entrance and activity. Theoffice52.8 commissioner may pay a reasonable estimate of the damagesitthe 52.9 commissioner believes will be caused by the entrance and 52.10 activity before entering any property. 52.11 Sec. 3. Minnesota Statutes 2004, section 115A.07, 52.12 subdivision 1, is amended to read: 52.13 Subdivision 1. [INTERAGENCY COORDINATION.] Thedirector52.14 commissioner shall inform the commissioner of employment and 52.15 economic development of theoffice'sdepartment's activities,52.16solicit the advice and recommendations of the agency, and52.17coordinate its work with the regulatory and enforcement52.18activities of the agency. 52.19 Sec. 4. Minnesota Statutes 2004, section 115A.15, 52.20 subdivision 7, is amended to read: 52.21 Subd. 7. [WASTE REDUCTION PROCUREMENT MODEL.] To reduce 52.22 the amount of solid waste generated by the state and to provide 52.23 a model for other public and private procurement systems, the 52.24 commissioner, in cooperation with the director of the Office of52.25Waste Management,shalldevelopcontinue to implement waste 52.26 reduction procurement programs, including an expanded life cycle 52.27 costing system for procurement of durable and repairable 52.28 itemsby November 1, 1991.On implementation of the model52.29procurement system,The commissioner, in cooperation with the52.30director,shall develop and distribute informational materials 52.31 for the purpose of promoting the procurement model to other 52.32 public and private entities under section 115A.072, subdivision 52.33 4. 52.34 Sec. 5. Minnesota Statutes 2004, section 115A.38, 52.35 subdivision 1, is amended to read: 52.36 Subdivision 1. [REPORTS TOLEGISLATIVE COMMISSION53.1 COMMITTEES.] At least 30 days before making a final decision 53.2 under section 115A.37 in a review brought pursuant to section 53.3 115A.33, clause (d), thechair of the boardcommissioner may 53.4 report to the legislativecommissioncommittees with 53.5 jurisdiction over environment and natural resources policy and 53.6 finance describing permit conditions or requirements being 53.7 considered which are not within the existing authority of 53.8 theagency or the boarddepartment or which would require 53.9 legislation or public financial assistance. In any such report 53.10 thechair of the boardcommissioner may request intervention in 53.11 the review pursuant to subdivisions 2 and 3. 53.12 Sec. 6. [116.012] [DEPARTMENT OF ENVIRONMENTAL PROTECTION; 53.13 CREATION AND POWERS.] 53.14 The Department of Environmental Protection is created. The 53.15 responsibilities of the Office of Environmental Assistance and 53.16 the Pollution Control Agency are transferred to the Department 53.17 of Environmental Protection under section 15.039. The offices 53.18 of commissioner and members of the Environmental Protection 53.19 Board are continuations of those offices in the Pollution 53.20 Control Agency. In addition to the provisions of section 53.21 15.039, no employee in the classified service shall suffer job 53.22 loss, have a salary reduced, or have employment benefits reduced 53.23 as a result of the reorganization in this act. 53.24 Sec. 7. Minnesota Statutes 2004, section 116.03, 53.25 subdivision 1, is amended to read: 53.26 Subdivision 1. [OFFICE.] (a) The office of commissioner of 53.27the Pollution Control Agencyenvironmental protection is created 53.28and is under the supervision and control of the commissioner,53.29who. The commissioner is the chief executive officer of the 53.30 department and is appointed by the governor under the provisions 53.31 of section 15.06. 53.32 (b) The commissioner may appoint a deputy commissioner and 53.33 assistant commissioners who shall be in the unclassified service. 53.34 (c) The commissioner shall make all decisions on behalf of 53.35 theagencydepartment that are not required to be made by the 53.36agencyboard under section 116.02. 54.1 Sec. 8. Minnesota Statutes 2004, section 116.07, 54.2 subdivision 4b, is amended to read: 54.3 Subd. 4b. [PERMITS; HAZARDOUS WASTE FACILITIES.] (a)The54.4agency shall provide to the Office of Environmental Assistance54.5established in section 115A.055, copies of each permit54.6application for a hazardous waste facility immediately upon its54.7submittal to the agency. The agency shall request54.8recommendations on each permit application from the office and54.9shall consult with the office on the agency's intended54.10disposition of the recommendations.Except as otherwise 54.11 provided in sections 115A.18 to 115A.30, theagencydepartment 54.12 shall commence any environmental review required under chapter 54.13 116D within 120 days of its acceptance of a completed permit 54.14 application. Theagencydepartment shall respond to a permit 54.15 application for a hazardous waste facility within 120 days 54.16 following a decision not to prepare environmental documents or 54.17 following the acceptance of a negative declaration notice or an 54.18 environmental impact statement. Except as otherwise provided in 54.19 sections 115A.18 to 115A.30, within 60 days following the 54.20 submission of a final permit application for a hazardous waste 54.21 facility, unless a time extension is agreed to by the applicant, 54.22 theagencydepartment shall issue or deny all permits needed for 54.23 the construction of the proposed facility. 54.24 (b) Theagencydepartment shall promulgate rules pursuant 54.25 to chapter 14 for all hazardous waste facilities. The rules 54.26 shall require: 54.27 (1) contingency plans for all hazardous waste facilities 54.28 which provide for effective containment and control in any 54.29 emergency condition; 54.30 (2) the establishment of a mechanism to assure that money 54.31 to cover the costs of closure and postclosure monitoring and 54.32 maintenance of hazardous waste facilities will be available; 54.33 (3) the maintenance of liability insurance by the owner or 54.34 operator of hazardous waste facilities during the operating life 54.35 of the facility. 54.36 Sec. 9. Minnesota Statutes 2004, section 297H.13, 55.1 subdivision 2, is amended to read: 55.2 Subd. 2. [ALLOCATION OF REVENUES.] (a) 55.3$22,000,000$33,760,000, or5070 percent, whichever is greater, 55.4 of the amounts remitted under this chapter must be credited to 55.5 the environmental fund established in section 16A.531, 55.6 subdivision 1. 55.7 (b) The remainder must be deposited into the general fund. 55.8 Sec. 10. Minnesota Statutes 2004, section 473.846, is 55.9 amended to read: 55.10 473.846 [REPORT TO LEGISLATURE.] 55.11 Theagency and the directorcommissioner shall submit to 55.12 the senateFinance Committee, the house Ways and Means55.13Committee, and the Environment and Natural Resources Committees55.14of the senateand house of representatives, the Finance Division55.15of the senate Committee oncommittees with jurisdiction over 55.16 environment and natural resources, and the house of55.17representatives Committee on Environment and Natural55.18Resourcespolicy and finance separate reports describing the 55.19 activities for which money for landfill abatement has been spent 55.20 under sections 473.844 and 473.845. Theagencycommissioner 55.21 shall report by November 1 of each year on expenditures during 55.22 its previous fiscal year.The director shall report on55.23expenditures during the previous calendar year and must55.24incorporate its report in the report required by section55.25115A.411, due July 1 of each odd-numbered year.The 55.26directorcommissioner shall make recommendations to the 55.27Environment and Natural Resourceslegislative committeesof the55.28senate and house of representatives, the Finance Division of the55.29senate Committee on Environment and Natural Resources, and the55.30house of representatives Committee on Environment and Natural55.31Resources Financeon the future management and use of the 55.32 metropolitan landfill abatement account. 55.33 Sec. 11. [REVISOR'S INSTRUCTION.] 55.34 Except as otherwise provided in this article, the revisor 55.35 shall make the following changes, with appropriate grammatical 55.36 corrections, in Minnesota Statutes and Minnesota Rules: 56.1 (1) delete references to the Pollution Control Agency or 56.2 its commissioner or the Office of Environmental Assistance or 56.3 its director and insert references to the Department of 56.4 Environmental Protection or its commissioner; 56.5 (2) delete references to the Pollution Control Agency where 56.6 it means the Pollution Control Agency Board and insert 56.7 references to the board; 56.8 (3) delete language that is made superfluous by the merger 56.9 of the agency and the office; 56.10 (4) in Minnesota Statutes, chapters 115A to 116, delete 56.11 references to obsolete names of committees in the senate and 56.12 house of representatives and insert generic references to 56.13 committees with jurisdiction over the specified areas of 56.14 governance; and 56.15 (5) in Minnesota Statutes, chapters 115A to 116, delete 56.16 obsolete references to reports required to be submitted to the 56.17 legislature. 56.18 Sec. 12. [REPEALER.] 56.19 Minnesota Statutes 2004, sections 115A.03, subdivisions 8a 56.20 and 22a; 115A.055, subdivision 1; 115A.158, subdivision 3; 56.21 115D.03, subdivision 4; 116.02, subdivision 5; 116.04; and 56.22 473.801, subdivision 6, are repealed. 56.23 ARTICLE 4 56.24 JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS 56.25 Section 1. [JOBS AND ECONOMIC DEVELOPMENT APPROPRIATIONS.] 56.26 The sums shown in the columns marked "APPROPRIATIONS" are 56.27 appropriated from the general fund, or another named fund, to 56.28 the agencies and for the purposes specified in this article, to 56.29 be available for the fiscal years indicated for each purpose. 56.30 The figures "2006" and "2007," where used in this article, mean 56.31 that the appropriation or appropriations listed under them are 56.32 available for the fiscal year ending June 30, 2006, or June 30, 56.33 2007, respectively. The term "first year" means the fiscal year 56.34 ending June 30, 2006, and the term "second year" means the 56.35 fiscal year ending June 30, 2007. 56.36 SUMMARY BY FUND 57.1 2006 2007 TOTAL 57.2 General $ 137,501,000 $ 138,374,000 $ 275,875,000 57.3 Workforce 57.4 Development 8,270,000 8,270,000 16,540,000 57.5 Remediation 700,000 700,000 1,400,000 57.6 Petroleum Tank 57.7 Cleanup 1,084,000 1,084,000 2,168,000 57.8 Workers' 57.9 Compensation 21,725,000 21,725,000 43,450,000 57.10 TOTAL $ 169,280,000 $ 170,153,000 $ 339,433,000 57.11 APPROPRIATIONS 57.12 Available for the Year 57.13 Ending June 30 57.14 2006 2007 57.15 Sec. 2. EMPLOYMENT AND 57.16 ECONOMIC DEVELOPMENT 57.17 Subdivision 1. Total 57.18 Appropriation $ 45,948,000 $ 45,948,000 57.19 Summary by Fund 57.20 General 37,428,000 37,428,000 57.21 Remediation 700,000 700,000 57.22 Workforce 57.23 Development 7,820,000 7,820,000 57.24 The amounts that may be spent from this 57.25 appropriation for each program are 57.26 specified in the following subdivisions. 57.27 Subd. 2. Business and 57.28 Community Development 7,651,000 7,651,000 57.29 Summary by Fund 57.30 General 6,951,000 6,951,000 57.31 Remediation 700,000 700,000 57.32 (a)(1) $150,000 the first year and 57.33 $150,000 the second year are from the 57.34 general fund for a grant under 57.35 Minnesota Statutes, section 116J.421, 57.36 to the Rural Policy and Development 57.37 Center at Minnesota State University. 57.38 The grant shall be used for research 57.39 and policy analysis on emerging 57.40 economic and social issues in rural 57.41 Minnesota, to serve as a policy 57.42 resource center for rural Minnesota 57.43 communities, to encourage collaboration 57.44 across higher education institutions to 57.45 provide interdisciplinary team 57.46 approaches to research and 57.47 problem-solving in rural communities, 57.48 and to administer overall operations of 57.49 the center. 57.50 (2) The grant shall be provided upon 57.51 the condition that each 58.1 state-appropriated dollar be matched 58.2 with a nonstate dollar. Acceptable 58.3 matching funds are nonstate 58.4 contributions that the center has 58.5 received and have not been used to 58.6 match previous state grants. Any funds 58.7 not spent the first year are available 58.8 the second year. 58.9 (b) $100,000 the first year and 58.10 $100,000 the second year are from the 58.11 general fund for a grant to the 58.12 Metropolitan Economic Development 58.13 Association for continuing minority 58.14 business development programs in the 58.15 metropolitan area. 58.16 (c) $150,000 the first year and 58.17 $150,000 the second year are from the 58.18 general fund for a grant to 58.19 WomenVenture for women's business 58.20 development programs. 58.21 (d) $250,000 the first year and 58.22 $250,000 the second year are from the 58.23 general fund to establish a 58.24 methamphetamine laboratory cleanup 58.25 revolving loan fund pursuant to 58.26 proposed legislation. This is a 58.27 onetime appropriation. These funds are 58.28 available until spent. 58.29 Subd. 3. Workforce Partnerships 7,910,000 7,910,000 58.30 Summary by Fund 58.31 General 7,035,000 7,035,000 58.32 Workforce 58.33 Development 875,000 875,000 58.34 (a) $6,785,000 the first year and 58.35 $6,785,000 the second year are from the 58.36 general fund for the Minnesota job 58.37 skills partnership program under 58.38 Minnesota Statutes, sections 116L.01 to 58.39 116L.17. If the appropriation for 58.40 either year is insufficient, the 58.41 appropriation for the other year is 58.42 available. This appropriation does not 58.43 cancel. 58.44 (b) $250,000 the first year and 58.45 $250,000 the second year are from the 58.46 general fund for a grant under 58.47 Minnesota Statutes, section 116J.8747, 58.48 to Twin Cities RISE! to provide 58.49 training to hard-to-train individuals. 58.50 (c) $875,000 the first year and 58.51 $875,000 the second year are from the 58.52 workforce development fund for 58.53 Opportunities Industrialization Center 58.54 programs. 58.55 (d) Pursuant to Laws 2003, chapter 128, 58.56 article 10, section 11, paragraph (g), 58.57 $550,000 the first year and $550,000 58.58 the second year from the workforce 58.59 development fund will be transferred to 58.60 the general fund. 59.1 (e) Pursuant to Laws 2001, First 59.2 Special Session chapter 4, article 1, 59.3 section 4, subdivision 6, as amended by 59.4 Laws 2002, chapter 220, article 12, 59.5 section 12, the first $2,000,000 59.6 deposited in each year of the biennium 59.7 into the contingent account created 59.8 under Minnesota Statutes, section 59.9 268.196, subdivision 3, shall be 59.10 transferred upon deposit to the 59.11 workforce development fund, created 59.12 under Minnesota Statutes, section 59.13 116L.20. Deposits in excess of the 59.14 $2,000,000 shall be transferred upon 59.15 deposit to the general fund. 59.16 Subd. 4. Workforce Services 27,110,000 27,110,000 59.17 Summary by Fund 59.18 General 20,165,000 20,165,000 59.19 Workforce 59.20 Development 6,945,000 6,945,000 59.21 (a) $4,817,000 the first year and 59.22 $4,817,000 the second year are from the 59.23 general fund and $6,920,000 the first 59.24 year and $6,920,000 the second year are 59.25 from the workforce development fund for 59.26 extended employment services for 59.27 persons with severe disabilities or 59.28 related conditions under Minnesota 59.29 Statutes, section 268A.15. 59.30 (b) $1,690,000 the first year and 59.31 $1,690,000 the second year are from the 59.32 general fund for grants under Minnesota 59.33 Statutes, section 268A.11, for the 59.34 eight centers for independent living. 59.35 Money not expended the first year is 59.36 available the second year. 59.37 (c) $150,000 the first year and 59.38 $150,000 the second year are from the 59.39 general fund and $25,000 the first year 59.40 and $25,000 the second year are from 59.41 the workforce development fund for 59.42 grants under Minnesota Statutes, 59.43 section 268A.03, to Rise, Inc. for the 59.44 Minnesota Employment Center for People 59.45 Who are Deaf or Hard-of-Hearing. Money 59.46 not expended the first year is 59.47 available the second year. 59.48 (d) $1,000,000 the first year and 59.49 $1,000,000 the second year are from the 59.50 general fund for grants for programs 59.51 that provide employment support 59.52 services to persons with mental illness 59.53 under Minnesota Statutes, sections 59.54 268A.13 and 268A.14. Up to $105,000 59.55 each year may be used for 59.56 administrative and salary expenses. 59.57 (e) $4,940,000 the first year and 59.58 $4,940,000 the second year are from the 59.59 general fund for State Services for the 59.60 Blind activities. 59.61 Subd. 5. State-Funded 60.1 Administration 3,277,000 3,277,000 60.2 Sec. 3. COMMERCE 60.3 Subdivision 1. Total 60.4 Appropriation 24,874,000 24,874,000 60.5 Summary by Fund 60.6 General 22,955,000 22,955,000 60.7 Petroleum 60.8 Cleanup 1,084,000 1,084,000 60.9 Workers' 60.10 Compensation 835,000 835,000 60.11 The amounts that may be spent from this 60.12 appropriation for each program are 60.13 specified in the following subdivisions. 60.14 Subd. 2. Financial Examinations 60.15 5,994,000 5,994,000 60.16 Subd. 3. Petroleum Tank Release 60.17 Cleanup Board 60.18 1,084,000 1,084,000 60.19 This appropriation is from the 60.20 petroleum tank release cleanup fund. 60.21 Subd. 4. Administrative Services 60.22 5,418,000 5,418,000 60.23 Subd. 5. Market Assurance 60.24 5,647,000 5,647,000 60.25 Summary by Fund 60.26 General 4,812,000 4,812,000 60.27 Workers' 60.28 Compensation 835,000 835,000 60.29 Subd. 6. Energy and 60.30 Telecommunications 60.31 4,224,000 4,224,000 60.32 Subd. 7. Weights and Measurement 60.33 2,507,000 2,507,000 60.34 Sec. 4. HOUSING FINANCE AGENCY 60.35 Subdivision 1. Total 60.36 Appropriation 28,270,000 28,270,000 60.37 The amounts that may be spent from this 60.38 appropriation for certain programs are 60.39 specified in the following subdivisions. 60.40 This appropriation is for transfer to 60.41 the housing development fund for the 60.42 programs specified. Except as 60.43 otherwise indicated, this transfer is 60.44 part of the agency's permanent budget 61.1 base. 61.2 Subd. 2. Challenge Program 61.3 $4,407,000 the first year and 61.4 $4,407,000 the second year are for the 61.5 economic development and housing 61.6 challenge program under Minnesota 61.7 Statutes, section 462A.33. 61.8 Subd. 3. Housing Trust Fund 61.9 $6,305,000 the first year and 61.10 $6,305,000 the second year are for the 61.11 housing trust fund to be deposited in 61.12 the housing trust fund account created 61.13 under Minnesota Statutes, section 61.14 462A.201, and used for the purposes 61.15 provided in that section. 61.16 Subd. 4. Rental Assistance 61.17 for Mentally Ill 61.18 $1,638,000 the first year and 61.19 $1,638,000 the second year are for a 61.20 rental housing assistance program for 61.21 persons with a mental illness or 61.22 families with an adult member with a 61.23 mental illness under Minnesota 61.24 Statutes, section 462A.2097. 61.25 Subd. 5. Family Homeless 61.26 Prevention 61.27 $3,715,000 the first year and 61.28 $3,715,000 the second year are for 61.29 family homeless prevention and 61.30 assistance programs under Minnesota 61.31 Statutes, section 462A.204. Any 61.32 balance the first year does not cancel 61.33 but is available the second year. 61.34 Subd. 6. Home Ownership 61.35 Assistance Fund 61.36 The budget base for the home ownership 61.37 assistance fund shall be $885,000 in 61.38 fiscal year 2008 and $885,000 in fiscal 61.39 year 2009. 61.40 Subd. 7. Affordable Rental 61.41 Investment Fund 61.42 $8,531,000 the first year and 61.43 $8,531,000 the second year are for the 61.44 affordable rental investment fund 61.45 program under Minnesota Statutes, 61.46 section 462A.21, subdivision 8b. 61.47 This appropriation is to finance the 61.48 acquisition, rehabilitation, and debt 61.49 restructuring of federally assisted 61.50 rental property and for making equity 61.51 take-out loans under Minnesota 61.52 Statutes, section 462A.05, subdivision 61.53 39. This appropriation also may be 61.54 used to finance the acquisition, 61.55 rehabilitation, and debt restructuring 61.56 of existing supportive housing 61.57 properties. For purposes of this 61.58 subdivision, "supportive housing" means 62.1 affordable rental housing with links to 62.2 services necessary for individuals, 62.3 youth, and families with children to 62.4 maintain housing stability. 62.5 The owner of the federally assisted 62.6 rental property must agree to 62.7 participate in the applicable federally 62.8 assisted housing program and to extend 62.9 any existing low-income affordability 62.10 restrictions on the housing for the 62.11 maximum term permitted. The owner must 62.12 also enter into an agreement that gives 62.13 local units of government, housing and 62.14 redevelopment authorities, and 62.15 nonprofit housing organizations the 62.16 right of first refusal if the rental 62.17 property is offered for sale. Priority 62.18 must be given among comparable 62.19 federally assisted rental properties to 62.20 properties with the longest remaining 62.21 term under an agreement for federal 62.22 rental assistance. Priority must also 62.23 be given among comparable rental 62.24 housing developments to developments 62.25 that are or will be owned by local 62.26 government units, a housing and 62.27 redevelopment authority, or a nonprofit 62.28 housing organization. 62.29 Subd. 8. Housing Rehabilitation 62.30 and Accessibility 62.31 $2,654,000 the first year and 62.32 $2,654,000 the second year are for the 62.33 housing rehabilitation and 62.34 accessibility program under Minnesota 62.35 Statutes, section 462A.05, subdivisions 62.36 14a and 15a. 62.37 Subd. 9. Home Ownership Education, 62.38 Counseling, and Training 62.39 $770,000 the first year and $770,000 62.40 the second year are for the home 62.41 ownership education, counseling, and 62.42 training program under Minnesota 62.43 Statutes, section 462A.209. 62.44 Subd. 10. Capacity Building 62.45 Grants 62.46 $250,000 the first year and $250,000 62.47 the second year are for nonprofit 62.48 capacity building grants under 62.49 Minnesota Statutes, section 462A.21, 62.50 subdivision 3b. 62.51 Sec. 5. EXPLORE MINNESOTA 62.52 TOURISM 7,626,000 8,626,000 62.53 To develop maximum private sector 62.54 involvement in tourism, $4,000,000 each 62.55 year must be matched by Explore 62.56 Minnesota Tourism from nonstate 62.57 sources. Up to one-half of the total 62.58 match requirement may include in-kind 62.59 contributions. Cash match is defined 62.60 as revenue to the state or documented 62.61 case expenditures directly expended to 62.62 support Explore Minnesota Tourism 63.1 programs. 63.2 In the second year, for every dollar 63.3 generated from nonstate sources in the 63.4 previous year in excess of $4,000,000, 63.5 an amount of up to $1,000,000 is 63.6 appropriated from the general fund to 63.7 Explore Minnesota Tourism for marketing 63.8 purposes. This incentive is ongoing. 63.9 In order to maximize marketing grant 63.10 benefits, the director must give 63.11 priority for organizational partnership 63.12 marketing grants to organizations with 63.13 year-round sustained tourism 63.14 activities. For programs and projects 63.15 submitted, the director must give 63.16 priority to those that encompass two or 63.17 more areas or that attract nonresident 63.18 travelers to the state. 63.19 Funding for the marketing grants is 63.20 available either year of the biennium. 63.21 Unexpended grant funds from the first 63.22 year are available in the second year. 63.23 The director may use grant dollars or 63.24 the value of in-kind services to 63.25 provide the state contribution for the 63.26 partnership grant program. 63.27 Any unexpended money from the general 63.28 fund appropriations made under this 63.29 subdivision does not cancel but must be 63.30 placed in a special marketing account 63.31 for use by Explore Minnesota Tourism 63.32 for additional marketing activities. 63.33 Sec. 6. LABOR AND INDUSTRY 63.34 Subdivision 1. Total 63.35 Appropriation 22,594,000 22,594,000 63.36 Summary by Fund 63.37 General 2,872,000 2,872,000 63.38 Workers' 63.39 Compensation 19,272,000 19,272,000 63.40 Workforce 63.41 Development 450,000 450,000 63.42 The amounts that may be spent from this 63.43 appropriation for each program are 63.44 specified in the following subdivisions. 63.45 Subd. 2. Workers' Compensation 63.46 10,346,000 10,346,000 63.47 This appropriation is from the workers' 63.48 compensation fund. 63.49 $125,000 the first year and $125,000 63.50 the second year are for grants to the 63.51 Vinland Center for rehabilitation 63.52 services. 63.53 Subd. 3. Workplace Services 63.54 6,961,000 6,961,000 64.1 Summary by Fund 64.2 General 2,872,000 2,872,000 64.3 Workers' 64.4 Compensation 3,639,000 3,639,000 64.5 Workforce 64.6 Development 450,000 450,000 64.7 $350,000 each year is from the 64.8 workforce development fund for the 64.9 apprenticeship program under Minnesota 64.10 Statutes, chapter 178. 64.11 $100,000 the first year and $100,000 64.12 the second year are for labor education 64.13 and advancement program grants. This 64.14 appropriation is from the workforce 64.15 development fund. 64.16 The annual license fees authorized 64.17 under Minnesota Statutes, section 64.18 326.48, and detailed in Minnesota 64.19 Rules, part 5230.0100, subpart 3, shall 64.20 increase $20 for a journeyman 64.21 high-pressure piping pipefitter 64.22 license, $20 for a high-pressure piping 64.23 contracting pipefitter, $10 for an 64.24 inactive license, and $100 for a 64.25 high-pressure pipefitting business 64.26 license. 64.27 The permit filing and inspection fees 64.28 authorized under Minnesota Statutes, 64.29 section 326.47, and detailed in 64.30 Minnesota Rules, part 5230.0100, 64.31 subpart 4, shall be increased as 64.32 follows: the filing of a permit 64.33 application shall be increased $50, the 64.34 minimum high-pressure piping inspection 64.35 fee shall be increased $50, and the 64.36 schedule of inspection fee rates shall 64.37 be increased by ten percent. 64.38 Subd. 4. General Support 64.39 5,287,000 5,287,000 64.40 This appropriation is from the workers' 64.41 compensation fund. 64.42 Sec. 7. BUREAU OF MEDIATION 64.43 SERVICES 64.44 Subdivision 1. Total 64.45 Appropriation 1,773,000 1,773,000 64.46 The amounts that may be spent from this 64.47 appropriation for each program are 64.48 specified in the following subdivisions. 64.49 Subd. 2. Mediation Services 64.50 1,673,000 1,673,000 64.51 Subd. 3. Labor Management 64.52 Cooperation Grants 64.53 100,000 100,000 65.1 $100,000 each year is for grants to 65.2 area labor management committees. 65.3 Grants may be awarded for a 12-month 65.4 period beginning July 1 each year. Any 65.5 unencumbered balance remaining at the 65.6 end of the first year does not cancel 65.7 but is available for the second year. 65.8 Sec. 8. WORKERS' COMPENSATION 65.9 COURT OF APPEALS 1,618,000 1,618,000 65.10 This appropriation is from the workers' 65.11 compensation fund. 65.12 Sec. 9. MINNESOTA HISTORICAL 65.13 SOCIETY 65.14 Subdivision 1. Total 65.15 Appropriation 21,850,000 21,723,000 65.16 The amounts that may be spent from this 65.17 appropriation for each program are 65.18 specified in the following 65.19 subdivisions. The Historical Society 65.20 shall make its best possible efforts, 65.21 including the use of volunteers, to 65.22 avoid closing historic sites or 65.23 substantially limiting public access to 65.24 them. Before closing any site, the 65.25 Historical Society must consult with, 65.26 and fully consider proposals from, 65.27 interested community groups or 65.28 individuals who are willing to provide 65.29 financial or in-kind support for site 65.30 operations. 65.31 Subd. 2. Education and 65.32 Outreach 65.33 11,824,000 11,824,000 65.34 Subd. 3. Preservation and 65.35 Access 65.36 9,772,000 9,772,000 65.37 Subd. 4. Pass-Through 65.38 Appropriations 65.39 254,000 127,000 65.40 (a) Minnesota International Center 65.41 43,000 42,000 65.42 (b) Minnesota Air National 65.43 Guard Museum 65.44 16,000 -0- 65.45 (c) Minnesota Military Museum 65.46 67,000 -0- 65.47 (d) Farmamerica 65.48 128,000 85,000 65.49 Notwithstanding any other law, this 65.50 appropriation may be used for 65.51 operations. 66.1 (e) Balances Forward 66.2 Any unencumbered balance remaining in 66.3 this subdivision the first year does 66.4 not cancel but is available for the 66.5 second year of the biennium. 66.6 Subd. 5. Fund Transfer 66.7 The Historical Society may reallocate 66.8 funds appropriated in and between 66.9 subdivisions 2 and 3 for any program 66.10 purposes. 66.11 Sec. 10. BOARD OF THE ARTS 66.12 Subdivision 1. Total 66.13 Appropriation 8,593,000 8,593,000 66.14 If the appropriation for either year is 66.15 insufficient, the appropriation for the 66.16 other year is available. 66.17 Subd. 2. Operations and Services 66.18 404,000 404,000 66.19 Subd. 3. Grants Programs 66.20 5,767,000 5,767,000 66.21 Subd. 4. Regional Arts 66.22 Councils 66.23 2,422,000 2,422,000 66.24 Sec. 11. BOARD OF 66.25 ACCOUNTANCY 487,000 487,000 66.26 Effective the day following final 66.27 enactment of this act and no later than 66.28 June 30, 2006, the Board of Accountancy 66.29 shall combine its administrative 66.30 functions with those of the Board of 66.31 Architecture, Engineering, Land 66.32 Surveying, Landscape Architecture, 66.33 Geoscience, and Interior Design. 66.34 Sec. 12. BOARD OF ARCHITECTURE, 66.35 ENGINEERING, LAND SURVEYING, 66.36 LANDSCAPE ARCHITECTURE, GEOSCIENCE, 66.37 AND INTERIOR DESIGN 785,000 785,000 66.38 Sec. 13. BOARD OF BARBER 66.39 EXAMINERS 699,000 699,000 66.40 Sec. 14. PUBLIC UTILITIES 66.41 COMMISSION 4,163,000 4,163,000 66.42 Sec. 15. BOARD OF ELECTRICITY 66.43 On or before June 30, 2006, the board 66.44 shall transfer $4,000,000 from the 66.45 special revenue fund to the general 66.46 fund. 66.47 Sec. 16. [45.22] [LICENSE EDUCATION.] 66.48 The following fees must be paid to the commissioner: 66.49 (1) initial course approval, $10 for each hour or fraction 67.1 of one hour of education course approval sought. Initial course 67.2 approval expires on the last day of the 24th month after the 67.3 course is approved; 67.4 (2) renewal of course approval, $10 per course. Renewal of 67.5 course approval expires on the last day of the 24th month after 67.6 the course is renewed; 67.7 (3) initial coordinator approval, $100. Initial 67.8 coordinator approval expires on the last day of the 24th month 67.9 after the coordinator is approved; and 67.10 (4) renewal of coordinator approval, $10. Renewal of 67.11 coordinator approval expires on the last day of the 24th month 67.12 after the coordinator is renewed. 67.13 Sec. 17. Minnesota Statutes 2004, section 60A.14, 67.14 subdivision 1, is amended to read: 67.15 Subdivision 1. [FEES OTHER THAN EXAMINATION FEES.] In 67.16 addition to the fees and charges provided for examinations, the 67.17 following fees must be paid to the commissioner for deposit in 67.18 the general fund: 67.19 (a) by township mutual fire insurance companies; 67.20 (1) for filing certificate of incorporation $25 and 67.21 amendments thereto, $10; 67.22 (2) for filing annual statements, $15; 67.23 (3) for each annual certificate of authority, $15; 67.24 (4) for filing bylaws $25 and amendments thereto, $10; 67.25 (b) by other domestic and foreign companies including 67.26 fraternals and reciprocal exchanges; 67.27 (1) for filing an application for an initial certification 67.28 of authority to be admitted to transact business in this state, 67.29 $1,500; 67.30 (2) for filing certified copy of certificate of articles of 67.31 incorporation, $100; 67.32(2)(3) for filing annual statement, $225; 67.33(3)(4) for filing certified copy of amendment to 67.34 certificate or articles of incorporation, $100; 67.35(4)(5) for filing bylaws, $75 or amendments thereto, $75; 67.36(5)(6) for each company's certificate of authority, $575, 68.1 annually; 68.2 (c) the following general fees apply: 68.3 (1) for each certificate, including certified copy of 68.4 certificate of authority, renewal, valuation of life policies, 68.5 corporate condition or qualification, $25; 68.6 (2) for each copy of paper on file in the commissioner's 68.7 office 50 cents per page, and $2.50 for certifying the same; 68.8 (3) for license to procure insurance in unadmitted foreign 68.9 companies, $575; 68.10 (4) for valuing the policies of life insurance companies, 68.11 one cent per $1,000 of insurance so valued, provided that the 68.12 fee shall not exceed $13,000 per year for any company. The 68.13 commissioner may, in lieu of a valuation of the policies of any 68.14 foreign life insurance company admitted, or applying for 68.15 admission, to do business in this state, accept a certificate of 68.16 valuation from the company's own actuary or from the 68.17 commissioner of insurance of the state or territory in which the 68.18 company is domiciled; 68.19 (5) for receiving and filing certificates of policies by 68.20 the company's actuary, or by the commissioner of insurance of 68.21 any other state or territory, $50; 68.22 (6) for each appointment of an agent filed with the 68.23 commissioner, $10; 68.24 (7) for filing forms and rates, $75 per filing, which may 68.25 be paid on a quarterly basis in response to an invoice. Billing 68.26 and payment may be made electronically; 68.27 (8) for annual renewal of surplus lines insurer license, 68.28 $300; 68.29 (9) $250 filing fee for a large risk alternative rating 68.30 option plan that meets the $250,000 threshold requirement. 68.31 The commissioner shall adopt rules to define filings that 68.32 are subject to a fee. 68.33 Sec. 18. Minnesota Statutes 2004, section 60K.55, 68.34 subdivision 2, is amended to read: 68.35 Subd. 2. [LICENSING FEES.] (a) In addition to fees 68.36 provided for examinations, each insurance producer licensed 69.1 under this chapter shall pay to the commissioner a fee of: 69.2 (1)$40$50 for an initial life, accident and health, 69.3 property, or casualty license issued to an individual insurance 69.4 producer, and a fee of$40$50 for each renewal; 69.5 (2)$75$50 for an initial variable life and variable 69.6 annuity license issued to an individual insurance producer, and 69.7 a fee of $50 for each renewal; 69.8 (3)$80$50 for an initial personal lines license issued to 69.9 an individual insurance producer, and a fee of$80$50 for each 69.10 renewal; 69.11 (4)$80$50 for an initial limited lines license issued to 69.12 an individual insurance producer, and a fee of$80$50 for each 69.13 renewal; 69.14 (5) $200 for an initial license issued to a business 69.15 entity, and a fee of$150$200 for each renewal; and 69.16 (6) $500 for an initial surplus lines license, and a fee of 69.17 $500 for each renewal. 69.18 (b) Initial licenses issued under this chapter are valid 69.19 for a period not to exceed 24 months and expire on October 31 of 69.20 the renewal year assigned by the commissioner. Each renewal 69.21 insurance producer license is valid for a period of 24 months. 69.22 Licensees who submit renewal applications postmarked or 69.23 delivered on or before October 15 of the renewal year may 69.24 continue to transact business whether or not the renewal license 69.25 has been received by November 1. Licensees who submit 69.26 applications postmarked or delivered after October 15 of the 69.27 renewal year must not transact business after the expiration 69.28 date of the license until the renewal license has been received. 69.29 (c) All fees are nonreturnable, except that an overpayment 69.30 of any fee may be refunded upon proper application. 69.31 Sec. 19. Minnesota Statutes 2004, section 72B.04, 69.32 subdivision 10, is amended to read: 69.33 Subd. 10. [FEES.] A fee of$80$50 is imposed for each 69.34 initial license or temporary permit and$80$50 for each renewal 69.35 thereof or amendment thereto. A fee of $20 is imposed for the 69.36 registration of each nonlicensed adjuster who is required to 70.1 register under section 72B.06. All fees shall be transmitted to 70.2 the commissioner and shall be payable to the Department of 70.3 Commerce. 70.4 Sec. 20. Minnesota Statutes 2004, section 82B.09, 70.5 subdivision 1, is amended to read: 70.6 Subdivision 1. [AMOUNTS.] The following fees must be paid 70.7 to the commissioner: 70.8 (1) $150 for each initial individual real estate 70.9 appraiser's license: $150 if the license expires more than 1270.10months after issuance, $100 if the license expires less than 1270.11months after issuance; anda fee of70.12 (2) $100 for each renewal. 70.13 Sec. 21. Minnesota Statutes 2004, section 116C.779, 70.14 subdivision 2, is amended to read: 70.15 Subd. 2. [RENEWABLE ENERGY PRODUCTION INCENTIVE.] (a) 70.16 Until January 1, 2018, up to$6,000,000$10,500,000 annually 70.17 must be allocated from available funds in the account to fund 70.18 renewable energy production incentives.$4,500,000$9,000,000 70.19 of this annual amount is for incentives for up to100200 70.20 megawatts of electricity generated by wind energy conversion 70.21 systems that are eligible for the incentives under section 70.22 216C.41. The balance of this amount, up to $1,500,000 annually, 70.23 may be used for production incentives for on-farm biogas 70.24 recovery facilities that are eligible for the incentive under 70.25 section 216C.41 or for production incentives for other 70.26 renewables, to be provided in the same manner as under section 70.27 216C.41. Any portion of the$6,000,000$10,500,000 not expended 70.28 in any calendar year for the incentive is available for other 70.29 spending purposes under this section. This subdivision does not 70.30 create an obligation to contribute funds to the account. 70.31 (b) The Department of Commerce shall determine eligibility 70.32 of projects under section 216C.41 for the purposes of this 70.33 subdivision. At least quarterly, the Department of Commerce 70.34 shall notify the public utility of the name and address of each 70.35 eligible project owner and the amount due to each project under 70.36 section 216C.41. The public utility shall make payments within 71.1 15 working days after receipt of notification of payments due. 71.2 Sec. 22. Minnesota Statutes 2004, section 116J.551, 71.3 subdivision 1, is amended to read: 71.4 Subdivision 1. [GRANT ACCOUNT.] A contaminated site 71.5 cleanup and development grant account is created in the general 71.6 fund. Money in the account may be used, as appropriated by law, 71.7 to make grants as provided in section 116J.554 and to pay for 71.8 the commissioner's costs in reviewing applications and making 71.9 grants. Notwithstanding section 16A.28, money appropriated to 71.10 the account is available for four years. 71.11 Sec. 23. Minnesota Statutes 2004, section 116J.63, 71.12 subdivision 2, is amended to read: 71.13 Subd. 2. [FEES.] (a) Fees for reports, publications, or 71.14 related publicity or promotional material are not subject to the 71.15 rulemaking requirements of chapter 14 and are not subject to 71.16 section 16A.1285. The fees prescribed by the commissioner must 71.17 be commensurate with the distribution objective of the 71.18 department for the material produced or with the cost of 71.19 furnishing the services. Except as described in paragraph (b), 71.20 all fees for materials and services must be deposited in the 71.21 general fund. 71.22 (b) The commissioner may sell marketing materials at cost 71.23 to economic development organizations and others in quantities 71.24 that would not otherwise be available through general fund 71.25 appropriations. Funds received must be placed in a special 71.26 revolving account and are appropriated to the commissioner to 71.27 pay for the production of the materials. 71.28 Sec. 24. Minnesota Statutes 2004, section 116J.8731, 71.29 subdivision 5, is amended to read: 71.30 Subd. 5. [GRANT LIMITS.] A Minnesota investment fund grant 71.31 may not be approved for an amount in excess of $1,000,000. This 71.32 limit covers all money paid to complete the same project, 71.33 whether paid to one or more grant recipients and whether paid in 71.34 one or more fiscal years.The portionA local community or 71.35 recognized Indian tribal government may retain 20 percent, but 71.36 not more than $100,000 of a Minnesota investment fund grantthat72.1exceeds $100,000 must be repaid to the statewhen it is repaid 72.2 to the local community or recognized Indian tribal government by 72.3 the person or entity to which it was loaned by the local 72.4 community or Indian tribal government. Money repaid to the 72.5 state must be credited to a Minnesota investment revolving loan 72.6 account in the state treasury. Funds in the account are 72.7 appropriated to the commissioner and must be used in the same 72.8 manner as are funds appropriated to the Minnesota investment 72.9 fund. Funds repaid to the state through existing Minnesota 72.10 investment fund agreements must be credited to the Minnesota 72.11 investment revolving loan account effective July 1, 2003. A 72.12 grant or loan may not be made to a person or entity for the 72.13 operation or expansion of a casino or a store which is used 72.14 solely or principally for retail sales. Persons or entities 72.15 receiving grants or loans must pay each employee total 72.16 compensation, including benefits not mandated by law, that on an 72.17 annualized basis is equal to at least 110 percent of the federal 72.18 poverty level for a family of four. 72.19 Sec. 25. Minnesota Statutes 2004, section 183.41, is 72.20 amended by adding a subdivision to read: 72.21 Subd. 4. [ANNUAL PERMIT.] The commissioner shall issue an 72.22 annual permit to a boat for the purpose of carrying passengers 72.23 for hire on the inland waters of the state provided the boat 72.24 satisfies the inspection requirements of this section. A boat 72.25 subject to inspection under this chapter shall be registered 72.26 with the Division of Boiler Inspection and shall be inspected 72.27 before a permit may be issued. 72.28 Sec. 26. Minnesota Statutes 2004, section 183.411, 72.29 subdivision 2a, is amended to read: 72.30 Subd. 2a. [INSPECTION FEES.] Thecommissioner may set fees72.31 fee for inspecting traction engines, show boilers, and show 72.32 engines shall be the hourly rate pursuant to section 72.3316A.1285183.545, subdivision 3a. 72.34 Sec. 27. Minnesota Statutes 2004, section 183.411, 72.35 subdivision 3, is amended to read: 72.36 Subd. 3. [LICENSES.] A license to operate steam farm 73.1 traction engines, portable and stationary show engines and 73.2 portable and stationary show boilers shall be issued to an 73.3 applicant who: 73.4(a)(1) is 18 years of age or older; 73.5(b)(2) has a licensed second class or higher class 73.6 engineer or steam traction (hobby) engineer sign the affidavit 73.7 attesting to the applicant's competence in operating said 73.8 devices; 73.9(c)(3) passes a written test for competence in operating 73.10 said devices; 73.11(d)(4) has at least 25 hours of actual operating 73.12 experience on said devices; and 73.13(e)(5) pays the required fee. 73.14 A license shall be valid for the lifetime of the licensee. 73.15 A onetime feeset by the commissionerpursuant to section 73.1616A.1285183.545, subdivision 4, shall be charged for the 73.17 license. 73.18 Sec. 28. Minnesota Statutes 2004, section 183.42, is 73.19 amended to read: 73.20 183.42 [INSPECTIONEACH YEARAND REGISTRATION.] 73.21 Subdivision 1. [INSPECTION.] Every owner, lessee, or other 73.22 person having charge of boilers,or pressure vessels, or any73.23boatsubject to inspection under this chapter shall cause them 73.24 to be inspected by the Division of Boiler Inspection. 73.25 Boilersand boatssubject to inspection under this chapter must 73.26 be inspected at least annually and pressure vessels inspected at 73.27 least every two years except as provided under section 73.28 183.45.A person who fails to have the inspection required by73.29this section shall pay to the commissioner a penalty in the73.30amount of the cost of inspection up to a maximum of $1,000.The 73.31 commissioner shall assess a $250 penalty per applicable boiler 73.32 or pressure vessel for failure to have the inspection required 73.33 by this section and may seal the boiler or pressure vessel for 73.34 refusal to allow an inspection as required by this section. 73.35 Subd. 2. [REGISTRATION.] Every owner, lessee, or other 73.36 person having charge of boilers or pressure vessels subject to 74.1 inspection under this chapter shall register said objects with 74.2 the Division of Boiler Inspection. The registration shall be 74.3 renewed annually and is applicable to each object separately. 74.4 The fee for registration of a boiler or pressure vessel shall be 74.5 pursuant to section 183.545, subdivision 10. The Division of 74.6 Boiler Inspection may issue a billing statement for each boiler 74.7 and pressure vessel on record with the division, and may 74.8 determine a monthly schedule of billings to be followed for 74.9 owners, lessees, or other persons having charge of a boiler or 74.10 pressure vessel subject to inspection under this chapter. 74.11 Subd. 3. [CERTIFICATE OF REGISTRATION.] The Division of 74.12 Boiler Inspection shall issue a certificate of registration that 74.13 lists the boilers and pressure vessels at the location, 74.14 expiration date of the certificate of registration, last 74.15 inspection date of each boiler and pressure vessel, and maximum 74.16 allowable working pressure for each boiler and pressure vessel. 74.17 The commissioner may make an electronic certificate of 74.18 registration available to be printed by the owner, lessee, or 74.19 other person having charge of the boiler or pressure vessel. 74.20 Sec. 29. Minnesota Statutes 2004, section 183.44, 74.21 subdivision 1, is amended to read: 74.22 Subdivision 1. [MASTERS AND PILOTS.] TheDivision of74.23Boiler Inspectioncommissioner or the commissioner's designee 74.24 shall examine all mastersand pilotsof boats and vessels 74.25 carrying passengers for hire on the inland waters of the state 74.26 as to their qualifications and fitness. If foundtrustworthy74.27 qualified and competent to perform their duties as a masteror74.28pilotof a boat carrying passengers for hire, they shall be 74.29givenissued acertificatelicense authorizing them to act as 74.30 such on the inland waters of the state. The license shall be 74.31 renewed annually. Fees for the original issue and renewal of 74.32 the license authorized under this section shall be pursuant to 74.33 section 183.545, subdivision 2. 74.34 Sec. 30. Minnesota Statutes 2004, section 183.51, 74.35 subdivision 2, is amended to read: 74.36 Subd. 2. [APPLICATIONS.] Any person who desires an 75.1 engineer's license shallmakesubmit a written application, on 75.2 blanks furnished by theinspector. The person shall also75.3successfully pass a written examination for such grade of75.4license applied forcommissioner or designee, at least 15 days 75.5 before the requested exam date. The application is valid for 75.6 one year from the date the commissioner or designee received the 75.7 application. 75.8 Sec. 31. Minnesota Statutes 2004, section 183.51, is 75.9 amended by adding a subdivision to read: 75.10 Subd. 2a. [EXAMINATIONS.] Each applicant for a license 75.11 must pass an examination approved by the commissioner. The 75.12 examinations shall be of sufficient scope to establish the 75.13 competency of the applicant to operate a boiler of the 75.14 applicable license class and grade. 75.15 Sec. 32. Minnesota Statutes 2004, section 183.545, is 75.16 amended to read: 75.17 183.545 [FEES FOR INSPECTION.] 75.18 Subdivision 1. [FEE AMOUNT; VESSELS OPERATED ON INLAND 75.19 WATERS.] The fees for the inspection of the hull, boiler, 75.20 machinery, and equipments of vesselsare to be set by the75.21commissioner pursuant to section 16A.1285, for vessels of 5075.22tons burden or over and vessels of less than 50 tons75.23burden.operated on inland waters and that carry passengers for 75.24 hire are as follows: 75.25 (1) annual operating permit and safety inspections shall be 75.26 $200; and 75.27 (2) other inspections, including dry-dock inspections, boat 75.28 stability tests, and plan reviews, are billed at the hourly rate 75.29 set in subdivision 3a. 75.30 Subd. 2. [FEE AMOUNTS; MASTERSAND PILOTS.] The 75.31commissioner shall, pursuant to section 16A.1285, set75.32thelicense and application fee foran examination of an75.33applicant fora master'sor pilot'slicense is $50,for anor 75.34 $20 if the applicant possesses a valid, unlimited, current 75.35 United States Coast Guard master's or pilot's license. The 75.36 annual renewal of a master'sor a pilot'slicense, and for anis 76.1 $20. The annual renewal if paid later thanten30 days after 76.2 expiration is $35. The fee for replacement of a current, valid 76.3 license is $20. 76.4 Subd. 3. [BOILER AND PRESSURE VESSEL INSPECTION FEES.] The 76.5 fees for the annual inspection of boilers and biennial 76.6 inspection of pressure vessels areto be set by the commissioner76.7pursuant to section 16A.1285, foras follows: 76.8(a)(1) boiler inaccessible for internal inspection, $55; 76.9(b)(2) boiler accessible for internal inspection, $55; 76.10(c)(3) boiler internal inspection over 2,000 square feet 76.11 heating surface shall be billed at the hourly rate set in 76.12 subdivision 3a; 76.13(d)(4)boiler internal inspection over 4,000 square feet76.14heating surface;76.15(e) boiler internal inspection over 10,000 square feet76.16heating surface;76.17(f)boiler accessible for internal inspection requiring 76.18 one-half day or more of inspection time shall be billed at the 76.19established shop inspection feehourly rate set in subdivision 76.20 3a; 76.21(g)(5) pressure vessel for internal inspection via manhole 76.22 , $35; and 76.23(h)(6) pressure vessel inaccessible for internal 76.24 inspection, $35. 76.25An additional fee based on the scale of fees applicable to76.26an inspection shall be charged when it is necessary to make a76.27special trip for a hydrostatic test of a boiler or pressure76.28vessel.76.29 Subd. 3a. [HOURLY RATE.] Thecommissioner shall, pursuant76.30to section 16A.1285, set shop inspection feeshourly rate for an 76.31 inspection not set elsewhere in this chapter is $80 per hour. 76.32 Inspection time includes all time related to theshop76.33 inspection. Travel time, billed at the hourly rate, and travel 76.34 expenses shall be billed for shop inspections, triennial audits, 76.35 boat stability tests, hydrostatic tests of a boiler or pressure 76.36 vessel, or any other inspection or consultation requiring a 77.1 special trip. 77.2 Subd. 4. [APPLICANTSBOILER ENGINEER LICENSE FEES.]The77.3commissioner shall, pursuant to section 16A.1285, set the fee77.4for an examination of an applicantFor the following licenses, 77.5 the nonrefundable license and application fee is: 77.6(a)(1) chief engineer's license, $50; 77.7(b)(2) first class engineer's license, $50; 77.8(c)(3) second class engineer's license, $50; 77.9(d)(4) special engineer's license, $20; and 77.10(e)(5) traction or hobby boiler engineer's license; and, 77.11 $50. 77.12(f) pilot's license.77.13If an applicant, after an examination, is entitled to77.14receive a license, it shall be issued without the payment of any77.15additional charge. Any license so issued expires one year after77.16the date of its issuance.An engineer's license may be renewed 77.17 upon applicationthereforandthepayment of an annual renewal 77.18 feeas set by the commissioner pursuant to section 16A.1285of 77.19 $20. The annual renewal, if paid later than 30 days after 77.20 expiration, is $35. The fee for replacement of a current, valid 77.21 license is $20. 77.22 Subd. 6. [NATIONAL BOARD INSPECTORS.] The fee for an 77.23 examination of an applicant for a National Board of Boiler and 77.24 Pressure Vessels Inspectors commissionshall be set by the77.25commissioner pursuant to section 16A.1285is $100. 77.26 Subd. 7. [NUCLEAR ENDORSEMENT.] The fee for each 77.27 examination of an applicant for a National Board of Boiler and 77.28 Pressure Vessels commissioned inspectors nuclear endorsement 77.29shall be set by the commissioner pursuant to section 16A.1285is 77.30 $100. 77.31 Subd. 8. [CERTIFICATE OF COMPETENCY.] The fee for issuance 77.32 of the original state of Minnesota certificate of competency for 77.33 inspectorsshall be set by the commissioner pursuant to section77.3416A.1285is $50. This fee is waived for inspectors who paid the 77.35 examination fee. The fee for an annual renewal of the state of 77.36 Minnesota certificate of competencyshall be set by the78.1commissioner pursuant to section 16A.1285is $35, and is due 78.2 January 1 of each year. The fee for replacement of a current, 78.3 valid license is $35. 78.4 Subd. 9. [DEPOSIT OF FEES.] Fees received under this 78.5 sectionand section 183.57must be deposited in the state 78.6 treasury and credited to the general fund. 78.7 Subd. 10. [BOILER AND PRESSURE VESSEL REGISTRATION 78.8 FEE.] The annual registration fee for boilers and pressure 78.9 vessels in use and required to be inspected per section 183.42 78.10 shall be $10 per boiler and pressure vessel. 78.11 Sec. 33. Minnesota Statutes 2004, section 183.57, is 78.12 amended to read: 78.13 183.57 [REPORT OF INSURER; EXEMPTION FROM INSPECTION.] 78.14 Subdivision 1. [REPORT REQUIRED.] Any insurance company 78.15 insuring boilers and pressure vessels in this state shallmake a78.16writtenfile a reportthereofshowing the date of inspection, 78.17 the name of the person making the inspection, the condition of 78.18 the boiler or pressure vessel as disclosed by the inspection, 78.19 whether thesame isboiler was operated by a properly licensed 78.20 engineer,andwhether a policy of insurance has been issued by 78.21 the company with reference to the boiler or pressure vessel, and 78.22 other information as directed by the chief boiler inspector. 78.23 Within1521 days after the inspection, the insurance company 78.24 shallmail a copy offile the reporttowith the chief boiler 78.25 inspectorandor designee. The insurer shall provide a copy of 78.26 the report to the person, firm, or corporation owning or 78.27 operating the inspected boiler or pressure vesselinspected. 78.28 Such report shall be made annually for boilers and biennially 78.29 for pressure vessels. 78.30 Subd. 2. [EXEMPTION.] Every boiler or pressure vessel as 78.31 to which any insurance company authorized to do business in this 78.32 state has issued a policy of insurance, after the inspection 78.33 thereof, is exempt from inspection by the department made under 78.34 sections 183.375 to 183.62, while the same continues to be 78.35 insured and provided it continues to be inspected in accordance 78.36 with the inspection schedule set forth in sections 183.42 and 79.1 183.45, and the person, firm, or corporation owning or operating 79.2 the same has an unexpired certificate ofexemption from79.3inspection, issued by the chief boiler79.4inspectorregistration.The fee set by the commissioner79.5pursuant to section 16A.1285, on the first object inspected and79.6on each object thereafter shall apply to each exempt object. A79.7certificate of exemption expires one year from date of issue.79.8The certificate of exemption shall be posted in a conspicuous79.9place near the boiler or pressure vessel or in the plant office79.10or boiler room described therein and to which it relates. Every79.11insurance company shall give written notice to the chief boiler79.12inspector of the cancellation or expiration of every policy of79.13insurance issued by it with reference to policies in this state,79.14and the cause or reason for the cancellation or expiration.79.15These notices of cancellation or expiration shall show the date79.16of the policy and the date when the cancellation has or will79.17become effective.79.18Subd. 4. [CERTIFICATE OF EXEMPTION.] The Division of79.19Boiler Inspection may issue a billing and exemption certificate79.20for each boiler and pressure vessel which the division records79.21indicate shall be or has been inspected by an insurance company79.22which is providing coverage for the boilers and pressure79.23vessels. The division may determine the monthly schedule of the79.24billings to be followed for each business insured.79.25 Subd. 5. [NOTICE OF INSURANCE COVERAGE.] The insurer shall 79.26 notify the commissioner or designee in writing of its policy to 79.27 insure and inspect boilers and pressure vessels at a location 79.28 within 30 days of the effective date of insurance coverage, 79.29 including binders. The insurer must also provide a duplicate of 79.30 the notification to the insured. 79.31 Subd. 6. [NOTICE OF DISCONTINUED COVERAGE.] The insurer 79.32 shall notify the commissioner or designee in writing, within 30 79.33 days of the effective date, of the discontinuation of insurance 79.34 coverage of the boilers and pressure vessels at a location and 79.35 the cause or reason for the discontinuation. This notice shall 79.36 show the effective date when the discontinued policy takes 80.1 effect. 80.2 Subd. 7. [PENALTIES.] The commissioner shall assess upon 80.3 the insurer a $50 penalty, per applicable boiler and pressure 80.4 vessel, for failing to submit an inspection report or notify the 80.5 commissioner of insurance coverage or discontinuation of 80.6 insurance coverage as set forth in this section. The 80.7 commissioner shall assess upon the insurer a penalty of $100, 80.8 per applicable boiler and pressure vessel, for failing to 80.9 conduct the required in-service inspection within 120 days after 80.10 the inspection was due in accordance with section 183.42. 80.11 Sec. 34. Minnesota Statutes 2004, section 216C.41, 80.12 subdivision 2, is amended to read: 80.13 Subd. 2. [INCENTIVE PAYMENT; APPROPRIATION.] (a) Incentive 80.14 payments must be made according to this section to (1) a 80.15 qualified on-farm biogas recovery facility, (2) the owner or 80.16 operator of a qualified hydropower facility or qualified wind 80.17 energy conversion facility for electric energy generated and 80.18 sold by the facility, (3) a publicly owned hydropower facility 80.19 for electric energy that is generated by the facility and used 80.20 by the owner of the facility outside the facility, or (4) the 80.21 owner of a publicly owned dam that is in need of substantial 80.22 repair, for electric energy that is generated by a hydropower 80.23 facility at the dam and the annual incentive payments will be 80.24 used to fund the structural repairs and replacement of 80.25 structural components of the dam, or to retire debt incurred to 80.26 fund those repairs. 80.27 (b) Payment may only be made upon receipt by the 80.28 commissioner offinancecommerce of an incentive payment 80.29 application that establishes that the applicant is eligible to 80.30 receive an incentive payment and that satisfies other 80.31 requirements the commissioner deems necessary. The application 80.32 must be in a form and submitted at a time the commissioner 80.33 establishes. 80.34 (c) There is annually appropriated from the general fund to 80.35 the commissioner of commerce sums sufficient to make the 80.36 payments required under this section, other than the amounts 81.1 funded by the renewable development account as specified in 81.2 subdivision 5a. 81.3 Sec. 35. Minnesota Statutes 2004, section 216C.41, 81.4 subdivision 5, is amended to read: 81.5 Subd. 5. [AMOUNT OF PAYMENT; WIND FACILITIES LIMIT.] (a) 81.6 An incentive payment is based on the number of kilowatt hours of 81.7 electricity generated. The amount of the payment is: 81.8 (1) for a facility described under subdivision 2, paragraph 81.9 (a), clause (4), 1.0 cent per kilowatt hour; and 81.10 (2) for all other facilities, 1.5 cents per kilowatt hour. 81.11 For electricity generated by qualified wind energy conversion 81.12 facilities, the incentive payment under this section is limited 81.13 to no more than100200 megawatts of nameplate capacity. 81.14 (b) For wind energy conversion systems installed and 81.15 contracted for after January 1, 2002, the total size of a wind 81.16 energy conversion system under this section must be determined 81.17 according to this paragraph. Unless the systems are 81.18 interconnected with different distribution systems, the 81.19 nameplate capacity of one wind energy conversion system must be 81.20 combined with the nameplate capacity of any other wind energy 81.21 conversion system that is: 81.22 (1) located within five miles of the wind energy conversion 81.23 system; 81.24 (2) constructed within the same calendar year as the wind 81.25 energy conversion system; and 81.26 (3) under common ownership. 81.27 In the case of a dispute, the commissioner of commerce shall 81.28 determine the total size of the system, and shall draw all 81.29 reasonable inferences in favor of combining the systems. 81.30 (c) In making a determination under paragraph (b), the 81.31 commissioner of commerce may determine that two wind energy 81.32 conversion systems are under common ownership when the 81.33 underlying ownership structure contains similar persons or 81.34 entities, even if the ownership shares differ between the two 81.35 systems. Wind energy conversion systems are not under common 81.36 ownership solely because the same person or entity provided 82.1 equity financing for the systems. 82.2 Sec. 36. Minnesota Statutes 2004, section 216C.41, 82.3 subdivision 5a, is amended to read: 82.4 Subd. 5a. [RENEWABLE DEVELOPMENT ACCOUNT.] The Department 82.5 of Commerce shall authorize payment of the renewable energy 82.6 production incentive to wind energy conversion systems for10082.7 200 megawatts of nameplate capacityin addition to the capacity82.8authorized under subdivision 5and to on-farm biogas recovery 82.9 facilities. Payment of the incentive shall be made from the 82.10 renewable energy development account as provided under section 82.11 116C.779, subdivision 2. 82.12 Sec. 37. Minnesota Statutes 2004, section 326.975, 82.13 subdivision 1, is amended to read: 82.14 Subdivision 1. [GENERALLY.] (a) In addition to any other 82.15 fees, each applicant for a license under sections 326.83 to 82.16 326.98 shall pay a fee to the contractor's recovery fund. The 82.17 contractor's recovery fund is created in the state treasury and 82.18 must be administered by the commissioner in the manner and 82.19 subject to all the requirements and limitations provided by 82.20 section 82.43 with the following exceptions: 82.21 (1) each licensee who renews a license shall pay in 82.22 addition to the appropriate renewal fee an additional fee which 82.23 shall be credited to the contractor's recovery fund. The amount 82.24 of the fee shall be based on the licensee's gross annual 82.25 receipts for the licensee's most recent fiscal year preceding 82.26 the renewal, on the following scale: 82.27 Fee Gross Receipts 82.28 $100 under $1,000,000 82.29 $150 $1,000,000 to $5,000,000 82.30 $200 over $5,000,000 82.31 Any person who receives a new license shall pay a fee based on 82.32 the same scale; 82.33 (2)(i) the sole purpose of this fund is to compensate any 82.34 aggrieved owner or lessee of residential property located within 82.35 this state who obtains a final judgment in any court of 82.36 competent jurisdiction against a licensee licensed under section 83.1 326.84, on grounds of fraudulent, deceptive, or dishonest 83.2 practices, conversion of funds, or failure of performance 83.3 arising directly out of any transaction when the judgment debtor 83.4 was licensed and performed any of the activities enumerated 83.5 under section 326.83, subdivision 19, on the owner's residential 83.6 property or on residential property rented by the lessee, or on 83.7 new residential construction which was never occupied prior to 83.8 purchase by the owner, or which was occupied by the licensee for 83.9 less than one year prior to purchase by the owner, and which 83.10 cause of action arose on or after April 1, 1994; and (ii) 83.11 reimburse the Department of Commerce for all legal and 83.12 administrative expenses, including staffing costs, incurred in 83.13 administering the fund; 83.14 (3) nothing may obligate the fund for more than $50,000 per 83.15 claimant, nor more than $75,000 per licensee; and 83.16 (4) nothing may obligate the fund for claims based on a 83.17 cause of action that arose before the licensee paid the recovery 83.18 fund fee set in clause (1), or as provided in section 326.945, 83.19 subdivision 3. 83.20 (b) Should the commissioner pay from the contractor's 83.21 recovery fund any amount in settlement of a claim or toward 83.22 satisfaction of a judgment against a licensee, the license shall 83.23 be automatically suspended upon the effective date of an order 83.24 by the court authorizing payment from the fund. No licensee 83.25 shall be granted reinstatement until the licensee has repaid in 83.26 full, plus interest at the rate of 12 percent a year, twice the 83.27 amount paid from the fund on the licensee's account, and has 83.28 obtained a surety bond issued by an insurer authorized to 83.29 transact business in this state in the amount of at least 83.30 $40,000. 83.31 Sec. 38. Minnesota Statutes 2004, section 345.47, 83.32 subdivision 3, is amended to read: 83.33 Subd. 3. [SECURITIES.] Securities listed on an established 83.34 stock exchange shall be sold at the prevailing prices on the 83.35 exchange. Other securities may be sold over the counter at 83.36 prevailing prices or,with prior approval of the State Board of84.1Investment,by another method the commissioner determines 84.2 advisable. United States government savings bonds and United 84.3 States war bonds shall be presented to the United States for 84.4 payment. 84.5 Sec. 39. Minnesota Statutes 2004, section 345.47, 84.6 subdivision 3a, is amended to read: 84.7 Subd. 3a. [HOLDING PERIOD.]All securities presumed84.8abandoned under section 345.35 and delivered to the commissioner84.9must be held for at least three years before they are sold. A84.10person making a claim under this section is entitled to receive84.11either the securities delivered to the commissioner by the84.12holder, if they still remain in the hands of the commissioner,84.13or the proceeds received from the sale, but no person has any84.14claim under this section against the state, the holder, any84.15transfer agent, registrar, or other person acting for or on84.16behalf of a holder for any appreciation in the value of the84.17property occurring after delivery by the holder to the84.18commissioner.If the property is of a type customarily sold on 84.19 a recognized market or of a type which may be sold over the 84.20 counter at prevailing prices, the commissioner may sell the 84.21 property without notice by publication or otherwise. The 84.22 commissioner may proceed with the liquidation after holding for 84.23 one year, with the exception of securities being held as the 84.24 result of an insurance company demutualization, these types of 84.25 securities may be sold upon receipt. The language provided in 84.26 this section grants to the commissioner express authority to 84.27 sell any property including, but not limited to, stocks, bonds, 84.28 notes, bills, and all other public or private securities. A 84.29 person making a claim under section 345.35 is entitled to 84.30 receive the securities delivered to the administrator by the 84.31 holder, if they still remain in the custody of the 84.32 administrator, or the net proceeds received from sale, and is 84.33 not entitled to receive any appreciation in the value of the 84.34 property occurring after sale by the commissioner. The 84.35 commissioner may liquidate all unclaimed securities currently 84.36 held in custody in accordance with the provisions of this 85.1 section. 85.2 Sec. 40. Minnesota Statutes 2004, section 373.40, 85.3 subdivision 1, is amended to read: 85.4 Subdivision 1. [DEFINITIONS.] For purposes of this 85.5 section, the following terms have the meanings given. 85.6 (a) "Bonds" means an obligation as defined under section 85.7 475.51. 85.8 (b) "Capital improvement" means acquisition or betterment 85.9 of public lands, development rights in the form of conservation 85.10 easements under chapter 84C, buildings, or other improvements 85.11 within the county for the purpose of a county courthouse, 85.12 administrative building, health or social service facility, 85.13 correctional facility, jail, law enforcement center, hospital, 85.14 morgue, library, park, qualified indoor ice arena, and roads and 85.15 bridges. An improvement must have an expected useful life of 85.16 five years or more to qualify. "Capital improvement" does not 85.17 include light rail transit or any activity related to it or a 85.18 recreation or sports facility building (such as, but not limited 85.19 to, a gymnasium, ice arena, racquet sports facility, swimming 85.20 pool, exercise room or health spa), unless the building is part 85.21 of an outdoor park facility and is incidental to the primary 85.22 purpose of outdoor recreation. 85.23 (c)"Commissioner" means the commissioner of employment and85.24economic development.85.25(d)"Metropolitan county" means a county located in the 85.26 seven-county metropolitan area as defined in section 473.121 or 85.27 a county with a population of 90,000 or more. 85.28(e)(d) "Population" means the population established by 85.29 the most recent of the following (determined as of the date the 85.30 resolution authorizing the bonds was adopted): 85.31 (1) the federal decennial census, 85.32 (2) a special census conducted under contract by the United 85.33 States Bureau of the Census, or 85.34 (3) a population estimate made either by the Metropolitan 85.35 Council or by the state demographer under section 4A.02. 85.36(f)(e) "Qualified indoor ice arena" means a facility that 86.1 meets the requirements of section 373.43. 86.2(g)(f) "Tax capacity" means total taxable market value, 86.3 but does not include captured market value. 86.4 Sec. 41. Minnesota Statutes 2004, section 373.40, 86.5 subdivision 3, is amended to read: 86.6 Subd. 3. [CAPITAL IMPROVEMENT PLAN.] (a) A county may 86.7 adopt a capital improvement plan. The plan must cover at least 86.8 the five-year period beginning with the date of its adoption. 86.9 The plan must set forth the estimated schedule, timing, and 86.10 details of specific capital improvements by year, together with 86.11 the estimated cost, the need for the improvement, and sources of 86.12 revenues to pay for the improvement. In preparing the capital 86.13 improvement plan, the county board must consider for each 86.14 project and for the overall plan: 86.15 (1) the condition of the county's existing infrastructure, 86.16 including the projected need for repair or replacement; 86.17 (2) the likely demand for the improvement; 86.18 (3) the estimated cost of the improvement; 86.19 (4) the available public resources; 86.20 (5) the level of overlapping debt in the county; 86.21 (6) the relative benefits and costs of alternative uses of 86.22 the funds; 86.23 (7) operating costs of the proposed improvements; and 86.24 (8) alternatives for providing services more efficiently 86.25 through shared facilities with other counties or local 86.26 government units. 86.27 (b) The capital improvement plan and annual amendments to 86.28 itmust beare not effective until approved by the county board 86.29 after public hearing.The county must submit the capital86.30improvement plan to the community development division of the86.31Department of Employment and Economic Development. The plan is86.32not effective if the commissioner disapproves the plan within 9086.33days after it was submitted. If the commissioner has not86.34disapproved the plan within 90 days after its submission, the86.35plan is deemed approved and effective. The commissioner shall86.36disapprove a capital improvement plan only if the commissioner87.1determines (1) that the planned improvements cannot be financed87.2within the limits specified in subdivision 4, or (2) the county87.3in preparing the plan did not consider the factors listed in87.4this subdivision or failed to gather the information necessary87.5to evaluate the plan under the factors, or (3) the proposed87.6improvements will result in unnecessary duplication of public87.7facilities provided by other units of government in the region87.8or there is insufficient demand for the facility. If the plan87.9is disapproved by the commissioner and the county board does not87.10withdraw the plan, the capital improvement plan must be87.11submitted to the voters for approval. If a majority of the87.12voters approve, the plan is approved and effective.87.13 Sec. 42. Minnesota Statutes 2004, section 462A.05, 87.14 subdivision 3a, is amended to read: 87.15 Subd. 3a. [REFINANCINGNONPROFITS; RESIDENTIAL HOUSING.] 87.16 It may refinance the existing indebtedness ofnonprofit87.17entities, as defined by the agencyowners of rental property, 87.18 secured by residential housing for occupancy by persons and 87.19 families of low and moderate income, if refinancing is 87.20 determined by the agency to be necessary to reduce housing costs 87.21 to an affordable level or to maintain the supply of affordable 87.22 low-income housing. The authority granted in this subdivision 87.23 is in addition to and not in limitation of the authority granted 87.24 in section 462A.05, subdivision 14. 87.25 Sec. 43. Minnesota Statutes 2004, section 462A.33, 87.26 subdivision 2, is amended to read: 87.27 Subd. 2. [ELIGIBLE RECIPIENTS.] Challenge grants or loans 87.28 may be made to a city, a federally recognized American Indian 87.29 tribe or subdivision located in Minnesota, a tribal housing 87.30 corporation, a private developer, a nonprofit organization, or 87.31 the owner of the housing, including individuals. For the 87.32 purpose of this section, "city" has the meaning given it in 87.33 section 462A.03, subdivision 21. To the extent practicable, 87.34 grants and loans shall be made so that an approximately equal 87.35 number of housing units are financed in the metropolitan area 87.36 and in the nonmetropolitan area. 88.1 Sec. 44. Minnesota Statutes 2004, section 517.08, 88.2 subdivision 1b, is amended to read: 88.3 Subd. 1b. [TERM OF LICENSE; FEE; PREMARITAL EDUCATION.] 88.4 (a) The local registrar shall examine upon oath the party 88.5 applying for a license relative to the legality of the 88.6 contemplated marriage. If at the expiration of a five-day 88.7 period, on being satisfied that there is no legal impediment to 88.8 it, including the restriction contained in section 259.13, the 88.9 local registrar shall issue the license, containing the full 88.10 names of the parties before and after marriage, and county and 88.11 state of residence, with the county seal attached, and make a 88.12 record of the date of issuance. The license shall be valid for 88.13 a period of six months. In case of emergency or extraordinary 88.14 circumstances, a judge of the district court of the county in 88.15 which the application is made, may authorize the license to be 88.16 issued at any time before the expiration of the five days. 88.17 Except as provided in paragraph (b), the local registrar shall 88.18 collect from the applicant a fee of$85$75 for administering 88.19 the oath, issuing, recording, and filing all papers required, 88.20 and preparing and transmitting to the state registrar of vital 88.21 statistics the reports of marriage required by this section. If 88.22 the license should not be used within the period of six months 88.23 due to illness or other extenuating circumstances, it may be 88.24 surrendered to the local registrar for cancellation, and in that 88.25 case a new license shall issue upon request of the parties of 88.26 the original license without fee. A local registrar who 88.27 knowingly issues or signs a marriage license in any manner other 88.28 than as provided in this section shall pay to the parties 88.29 aggrieved an amount not to exceed $1,000. 88.30 (b) The marriage license fee for parties who have completed 88.31 at least 12 hours of premarital education is $20. In order to 88.32 qualify for the reduced fee, the parties must submit a signed 88.33 and dated statement from the person who provided the premarital 88.34 education confirming that it was received. The premarital 88.35 education must be provided by a licensed or ordained minister or 88.36 the minister's designee, a person authorized to solemnize 89.1 marriages under section 517.18, or a person authorized to 89.2 practice marriage and family therapy under section 148B.33. The 89.3 education must include the use of a premarital inventory and the 89.4 teaching of communication and conflict management skills. 89.5 (c) The statement from the person who provided the 89.6 premarital education under paragraph (b) must be in the 89.7 following form: 89.8 "I, (name of educator), confirm that (names of both 89.9 parties) received at least 12 hours of premarital education that 89.10 included the use of a premarital inventory and the teaching of 89.11 communication and conflict management skills. I am a licensed 89.12 or ordained minister, a person authorized to solemnize marriages 89.13 under Minnesota Statutes, section 517.18, or a person licensed 89.14 to practice marriage and family therapy under Minnesota 89.15 Statutes, section 148B.33." 89.16 The names of the parties in the educator's statement must 89.17 be identical to the legal names of the parties as they appear in 89.18 the marriage license application. Notwithstanding section 89.19 138.17, the educator's statement must be retained for seven 89.20 years, after which time it may be destroyed. 89.21 (d) If section 259.13 applies to the request for a marriage 89.22 license, the local registrar shall grant the marriage license 89.23 without the requested name change. Alternatively, the local 89.24 registrar may delay the granting of the marriage license until 89.25 the party with the conviction: 89.26 (1) certifies under oath that 30 days have passed since 89.27 service of the notice for a name change upon the prosecuting 89.28 authority and, if applicable, the attorney general and no 89.29 objection has been filed under section 259.13; or 89.30 (2) provides a certified copy of the court order granting 89.31 it. The parties seeking the marriage license shall have the 89.32 right to choose to have the license granted without the name 89.33 change or to delay its granting pending further action on the 89.34 name change request. 89.35 Sec. 45. Minnesota Statutes 2004, section 517.08, 89.36 subdivision 1c, is amended to read: 90.1 Subd. 1c. [DISPOSITION OF LICENSE FEE.] (a) Of the 90.2 marriage license fee collected pursuant to subdivision 1b, 90.3 paragraph (a), $15 must be retained by the county. The local 90.4 registrar must pay$70$60 to the commissioner of finance to be 90.5 deposited as follows: 90.6 (1) $50 in the general fund; 90.7 (2) $3 in the special revenue fund to be appropriated to 90.8 the commissioner of education for parenting time centers under 90.9 section 119A.37; 90.10 (3) $2 in the special revenue fund to be appropriated to 90.11 the commissioner of health for developing and implementing the 90.12 MN ENABL program under section 145.9255; and 90.13 (4)$10 in the special revenue fund to be appropriated to90.14the commissioner of employment and economic development for the90.15displaced homemaker program under section 116L.96; and90.16(5)$5 in the special revenue fund to be appropriated to 90.17 the commissioner of human services for the Minnesota Healthy 90.18 Marriage and Responsible Fatherhood Initiative under section 90.19 256.742. 90.20 (b) Of the $20 fee under subdivision 1b, paragraph (b), $15 90.21 must be retained by the county. The local registrar must pay $5 90.22 to the commissioner of finance to be distributed as provided in 90.23 paragraph (a), clauses (2) and (3). 90.24 (c) The increase in the marriage license fee under 90.25 paragraph (a) provided for in Laws 2004, chapter 273, and 90.26 disbursement of the increase in that fee to the special fund for 90.27 the Minnesota Healthy Marriage and Responsible Fatherhood 90.28 Initiative under paragraph (a), clause(5)(4), is contingent 90.29 upon the receipt of federal funding under United States Code, 90.30 title 42, section 1315, for purposes of the initiative. 90.31 Sec. 46. [REPEALER.] 90.32 Minnesota Statutes 2004, sections 45.0295; 116J.58, 90.33 subdivision 3; and 462C.15, are repealed.