3rd Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
|Introduction||Posted on 02/04/2004|
|1st Engrossment||Posted on 03/26/2004|
|2nd Engrossment||Posted on 04/02/2004|
|3rd Engrossment||Posted on 04/07/2004|
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental and natural resources purposes; 1.4 establishing and modifying certain programs; providing 1.5 for regulation of certain activities and practices; 1.6 providing for accounts, assessments, and fees; 1.7 amending Minnesota Statutes 2002, sections 16A.125, by 1.8 adding a subdivision; 84.83, subdivision 3; 84.9257; 1.9 84.928, subdivision 2; 84A.51, subdivision 2; 89.035; 1.10 97C.605, subdivision 2; 103F.225, subdivision 5; 1.11 115.06, subdivision 4; 115.55, subdivision 9; 115A.12; 1.12 116.92, subdivision 4; 116P.12, subdivision 1, by 1.13 adding a subdivision; Minnesota Statutes 2003 1.14 Supplement, sections 84.026; 115.551; 115A.072, 1.15 subdivision 1; 115B.20, subdivision 2; 473.845, 1.16 subdivision 1; Laws 2003, chapter 128, article 1, 1.17 section 10; proposing coding for new law in Minnesota 1.18 Statutes, chapters 84; 89; 103G; 115; 116; repealing 1.19 Minnesota Statutes 2002, section 115.55, subdivision 1.20 10. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 Section 1. [ENVIRONMENT AND NATURAL RESOURCES APPROPRIATIONS 1.23 AND REDUCTIONS.] 1.24 The dollar amounts in the columns under "APPROPRIATIONS" 1.25 are added to or, if shown in parentheses, are subtracted from 1.26 the appropriations in Laws 2003, chapter 128, article 1, or 1.27 other law, to the specified agencies. The appropriations are 1.28 from the general fund or other named fund and are available for 1.29 the fiscal years indicated for each purpose. The figures "2004" 1.30 and "2005" means that the addition to or subtraction from the 1.31 appropriations listed under the figure are for the fiscal year 1.32 ending June 30, 2004, or June 30, 2005, respectively. The term 1.33 "first year" means the year ending June 30, 2004, and the term 2.1 "the second year" means the year ending June 30, 2005. 2.2 SUMMARY BY FUND 2.3 APPROPRIATIONS 2004 2005 TOTAL 2.4 General $ -0- $ (9,198,000) $ (9,198,000) 2.5 Environmental -0- 70,000 70,000 2.6 Natural Resources -0- 7,240,000 7,240,000 2.7 TOTAL $ -0- $ (1,888,000) $ (1,888,000) 2.8 APPROPRIATIONS 2.9 Available for the Year 2.10 Ending June 30 2.11 2004 2005 2.12 Sec. 2. POLLUTION CONTROL 2.13 AGENCY 2.14 Total Appropriation $ -0- $ (211,000) 2.15 Summary by Fund 2.16 General -0- (281,000) 2.17 Environmental -0- 70,000 2.18 The $281,000 general fund reduction is 2.19 from the appropriation made in Laws 2.20 2003, chapter 128, article 1, section 2. 2.21 $70,000 is from the environmental fund 2.22 to support the Clean Waters Council. 2.23 Sec. 3. OFFICE OF 2.24 ENVIRONMENTAL ASSISTANCE -0- (132,000) 2.25 This reduction is from the 2.26 appropriation made in Laws 2003, 2.27 chapter 128, article 1, section 3. 2.28 Sec. 4. ZOOLOGICAL BOARD -0- (197,000) 2.29 This reduction is from the 2.30 appropriation made in Laws 2003, 2.31 chapter 128, article 1, section 4. 2.32 Sec. 5. NATURAL RESOURCES 2.33 Total Appropriation -0- (1,221,000) 2.34 Summary by Fund 2.35 General -0- (8,461,000) 2.36 Natural Resources -0- 7,240,000 2.37 $5,615,000 of the general fund 2.38 reduction is from the appropriation in 2.39 Laws 2003, chapter 128, article 1, 2.40 section 5, subdivision 4. 2.41 $50,000 the second year is from the 2.42 snowmobile trails and enforcement 2.43 account for the independent 2.44 comprehensive study of snowmobile use 2.45 and funding described in this act. 3.1 $6,215,000 the second year is from the 3.2 forest management investment account in 3.3 the natural resources fund for only the 3.4 purposes specified in Minnesota 3.5 Statutes, section 89.039, subdivision 2. 3.6 Notwithstanding Minnesota Statutes, 3.7 section 89.37, subdivision 4, up to 3.8 $600,000 for fiscal year 2005 is 3.9 transferred from the forest nursery 3.10 account to the forest management 3.11 investment account to provide for cash 3.12 flow needs. The amount of the transfer 3.13 shall be repaid to the forest nursery 3.14 account from the forest management 3.15 investment account no later than June 3.16 30, 2012. 3.17 $400,000 the second year is from the 3.18 natural resources fund for additional 3.19 off-highway vehicle trail forest 3.20 inventory, trail designation, and 3.21 development. Of this amount, $280,000 3.22 is from the all-terrain vehicle 3.23 account, $80,000 is from the off-road 3.24 vehicle account, and $40,000 is from 3.25 the off-highway motorcycle account. 3.26 This is a onetime only appropriation. 3.27 The commissioner must assign three 3.28 additional trail development 3.29 specialists to assist off-highway 3.30 groups with grant-in-aid trail 3.31 development and trail development- 3.32 related activities. 3.33 $575,000 the second year is from the 3.34 natural resources fund for additional 3.35 grants-in-aid. Of this amount, 3.36 $402,500 is from the all-terrain 3.37 vehicle account, $115,000 is from the 3.38 off-road vehicle account, and $57,500 3.39 is from the off-highway motorcycle 3.40 account. This amount is added to the 3.41 appropriation in Laws 2003, chapter 3.42 128, article 1, section 5, subdivision 3.43 6, for a total in the second year of 3.44 $1,100,000 in off-highway grants-in-aid. 3.45 Of this amount, $877,500 is from the 3.46 all-terrain vehicle account, $115,000 3.47 is from the off-road vehicle account, 3.48 and $107,500 is from the off-highway 3.49 motorcycle account. 3.50 $240,000 of the reduction in the second 3.51 year is from the appropriation for a 3.52 grant to the Metropolitan Council for 3.53 metropolitan area regional parks 3.54 maintenance and operations made in Laws 3.55 2003, chapter 128, article 1, section 3.56 5, subdivision 5. 3.57 $2,606,000 of the general fund 3.58 reduction is from the appropriation 3.59 made in Laws 2003, chapter 128, article 3.60 1, section 5. The commissioner may 3.61 make these reductions at the program 3.62 and activity level to achieve the 3.63 reduction. None of this reduction may 3.64 be from grant programs. 4.1 Sec. 6. BOARD OF SOIL AND 4.2 WATER RESOURCES -0- (127,000) 4.3 This reduction is from the 4.4 appropriation made in Laws 2003, 4.5 chapter 128, article 1, section 7. 4.6 Sec. 7. Minnesota Statutes 2002, section 16A.125, is 4.7 amended by adding a subdivision to read: 4.8 Subd. 11. [APPROPRIATION TO EVALUATE CONSTRUCTION 4.9 AGGREGATE POTENTIAL.] $50,000 is appropriated in fiscal year 4.10 2005 from money accruing and credited to the forest suspense 4.11 account to the Division of Lands and Minerals in the Department 4.12 of Natural Resources to identify, evaluate, and lease 4.13 construction aggregates located on state trust lands. The 4.14 appropriation is supervised and controlled by the commissioner 4.15 of natural resources and remains available until October 30, 4.16 2005. 4.17 This program has a budget base of $50,000 for fiscal years 4.18 2006 and 2007 only. 4.19 Sec. 8. Minnesota Statutes 2003 Supplement, section 4.20 84.026, is amended to read: 4.21 84.026 [CONTRACTS AND GRANTS FOR PROVISION OF NATURAL 4.22 RESOURCES SERVICES.] 4.23 The commissioner of natural resources is authorized to 4.24 enter into contractual or grant agreements with any public or 4.25 private entity for the provision of statutorily prescribed 4.26 natural resources services by or for the department. The 4.27 contracts or grants shall specify the services to be provided 4.28 and, where services are being provided for the department, the 4.29 amount and method of
reimbursementpayment after services are 4.30 rendered. Funds generated in a contractual agreement made 4.31 pursuant to this section shall be deposited in the special 4.32 revenue fund and are appropriated to the department for purposes 4.33 of providing the services specified in the contracts. All 4.34 contractual and grant agreements shall be processed in 4.35 accordance with the provisions of section 16C.05. The 4.36 commissioner shall report revenues collected and expenditures 4.37 made under this section to the chairs of the Committees on 5.1 Appropriations in the house and Finance in the senate by January 5.2 1 of each odd-numbered year. 5.3 Sec. 9. [84.0857] [FACILITIES MANAGEMENT ACCOUNT.] 5.4 The commissioner of natural resources may bill 5.5 organizational units within the Department of Natural Resources 5.6 for the costs of providing them with building and infrastructure 5.7 facilities. Costs billed may include modifications and 5.8 adaptations to allow for appropriate building occupancy, 5.9 building code compliance, insurance, utility services, 5.10 maintenance, repair, and other direct costs as determined by the 5.11 commissioner. Receipts shall be credited to a special account 5.12 in the state treasury and are appropriated to the commissioner 5.13 to pay the costs for which the billings were made. 5.14 Sec. 10. Minnesota Statutes 2002, section 84.83, 5.15 subdivision 3, is amended to read: 5.16 Subd. 3. [PURPOSES FOR THE ACCOUNT.] The money deposited 5.17 in the account and interest earned on that money may be expended 5.18 only as appropriated by law for the following purposes: 5.19 (1) for a grant-in-aid program to counties and 5.20 municipalities for construction and maintenance of snowmobile 5.21 trails, including maintenance of trails on lands and waters of 5.22 Voyageurs National Park, on Lake of the Woods, on Rainy Lake, 5.23 and on the following lakes in St. Louis County: Burntside, 5.24 Crane, Little Long, Mud, Pelican, Shagawa, and Vermilion; 5.25 (2) for acquisition, development, and maintenance of state 5.26 recreational snowmobile trails; 5.27 (3) for snowmobile safety programs; and 5.28 (4) for the administration and enforcement of sections 5.29 84.81 to 84.91 and appropriated grants to local law enforcement 5.30 agencies. 5.31 [EFFECTIVE DATE.] This section is effective July 1, 2005. 5.32 Sec. 11. Minnesota Statutes 2002, section 84.9257, is 5.33 amended to read: 5.34 84.9257 [PASSENGERS.] 5.35 (a) A parent or guardian may operate an all-terrain vehicle 5.36 carrying one passenger who is under 16 years of age and who 6.1 wears a safety helmet approved by the commissioner of public 6.2 safety. 6.3 (b) For the purpose of this section, "guardian" means a 6.4 legal guardian of a person under age 16, or a person 18 or older 6.5 who has been authorized by the parent or legal guardian to 6.6 supervise the person under age 16. 6.7 (c) A person 18 years of age or older may operate an 6.8 all-terrain vehicle carrying one passenger who is 16 or 17 years 6.9 of age and wears a safety helmet approved by the commissioner of 6.10 public safety. 6.11 (d) A person 18 years of age or older may operate an 6.12 all-terrain vehicle carrying one passenger who is 18 years of 6.13 age or older. 6.14 Sec. 12. Minnesota Statutes 2002, section 84.928, 6.15 subdivision 2, is amended to read: 6.16 Subd. 2. [OPERATION GENERALLY.] A person may not drive or 6.17 operate an all-terrain vehicle: 6.18 (1) at a rate of speed greater than reasonable or proper 6.19 under the surrounding circumstances; 6.20 (2) in a careless, reckless, or negligent manner so as to 6.21 endanger or to cause injury or damage to the person or property 6.22 of another; 6.23 (3) without headlight and taillight lighted at all times if 6.24 the vehicle is equipped with headlight and taillight; 6.25 (4) without a functioning stoplight if so equipped; 6.26 (5) in a tree nursery or planting in a manner that damages 6.27 or destroys growing stock; 6.28 (6) without a brake operational by either hand or foot; 6.29 (7) with more personsthan one person on the vehicle than6.30 it was designed for, except as allowed under section 84.9257; 6.31 (8) at a speed exceeding ten miles per hour on the frozen 6.32 surface of public waters within 100 feet of a person not on an 6.33 all-terrain vehicle or within 100 feet of a fishing shelter; or 6.34 (9) in a manner that violates operation rules adopted by 6.35 the commissioner. 6.36 Sec. 13. Minnesota Statutes 2002, section 84A.51, 7.1 subdivision 2, is amended to read: 7.2 Subd. 2. [FUNDS TRANSFERRED; APPROPRIATED.] Money in any 7.3 fund established under section 84A.03, 84A.22, or 84A.32, 7.4 subdivision 2, is transferred to the consolidated account, 7.5 except as provided in subdivision 3. The money in the 7.6 consolidated account, or as much of it as necessary, is 7.7 appropriated for the purposes of sections 84A.52 and 84A.53. Of 7.8 any remaining balance, the amount derived from timber sales 7.9 receipts is transferred to the forest management investment fund 7.10 and the amount derived from all other receipts is transferred to 7.11 the general fund. 7.12 [EFFECTIVE DATE.] This section is effective July 1, 2004. 7.13 Sec. 14. Minnesota Statutes 2002, section 89.035, is 7.14 amended to read: 7.15 89.035 [INCOME FROM STATE FOREST LANDS, DISPOSITION.] 7.16 All income which may be received from lands acquired by the 7.17 state heretofore or hereafter for state forest purposes by gift, 7.18 purchase or eminent domain and tax-forfeited lands to which the 7.19 county has relinquished its equity to the state for state forest 7.20 purposes shall be paid into the state treasury and credited to 7.21 the general fundfollowing funds except where the conveyance to 7.22 and acceptance by the state of lands for state forest purposes 7.23 provides for other disposition of receipts. The income derived 7.24 from timber sales receipts shall be credited to the forest 7.25 management investment fund and the amounts derived from all 7.26 other receipts shall be credited to the general fund. 7.27 [EFFECTIVE DATE.] This section is effective July 1, 2004. 7.28 Sec. 15. [89.039] [FOREST MANAGEMENT INVESTMENT ACCOUNT.] 7.29 Subdivision 1. [ACCOUNT ESTABLISHED; SOURCES.] The forest 7.30 management investment account is created in the natural 7.31 resources fund in the state treasury and money in the account 7.32 may be spent only for the purposes provided in subdivision 2. 7.33 The following revenue shall be deposited in the forest 7.34 management investment account: 7.35 (1) timber sales receipts transferred from the consolidated 7.36 conservation areas account as provided in section 84A.51, 8.1 subdivision 2; and 8.2 (2) timber sales receipts from forest lands as provided in 8.3 section 89.035. 8.4 Subd. 2. [PURPOSES OF ACCOUNT.] Subject to appropriation 8.5 by the legislature, money in the forest management investment 8.6 account may be spent only for the following purposes: 8.7 (1) reforestation and timber stand improvement, including 8.8 forest pest management; 8.9 (2) timber sales administration, contract marking of 8.10 commercial thinning sales, cultural resource reviews, and other 8.11 timber sales costs; and 8.12 (3) state forest road maintenance costs. 8.13 [EFFECTIVE DATE.] This section is effective July 1, 2004. 8.14 Sec. 16. Minnesota Statutes 2002, section 97C.605, 8.15 subdivision 2, is amended to read: 8.16 Subd. 2. [TURTLE SELLER'S LICENSE.] (a) A person may not 8.17 take, possess, buy, or transport turtles for sale; sell turtles; 8.18 or take turtles for sale using commercial equipment without a 8.19 turtle seller's license, except as provided in subdivision 2c. 8.20 (b) Except for renewals, no new turtle seller's licenses8.21 may be issued after August 1, 2002.The commissioner must not 8.22 issue more turtle seller's licenses in any year than the number 8.23 of licenses issued for the 2004 license year. If more turtle 8.24 seller's license applications are received than licenses 8.25 available in any year, the commissioner must give preference for 8.26 licensing to persons licensed in the previous year. 8.27 Sec. 17. Minnesota Statutes 2002, section 103F.225, 8.28 subdivision 5, is amended to read: 8.29 Subd. 5. [EXPIRATION.] This section expires June 30, 20048.30 2008. 8.31 [EFFECTIVE DATE.] This section is effective June 30, 2004. 8.32 Sec. 18. [103G.407] [WATER LEVEL CONTROLS FOR PUBLIC 8.33 WATERS WITH AN OUTLET.] 8.34 (a) The commissioner, upon due consideration of 8.35 recommendations and objections as provided in paragraph (c), may 8.36 issue a public waters work permit to establish a control 9.1 elevation for a public water with an outlet that is different 9.2 than any previously existing or established control level when: 9.3 (1) all of the property abutting the ordinary high water 9.4 mark of the public water is in public ownership or the public 9.5 entity has obtained permanent flowage easements; and 9.6 (2) the commissioner finds that the proposed change in the 9.7 control level is in the public interest and causes minimal 9.8 adverse environmental impact. 9.9 (b) In addition to the requirements in section 103G.301, 9.10 subdivision 6, if the proposed control elevation differs from 9.11 any historical control level, the permit applicant shall serve a 9.12 copy of the application on each county and municipality within 9.13 which any portion of the lake is located and on the lake 9.14 improvement district, if one exists. 9.15 (c) A county, municipality, watershed district, watershed 9.16 management organization, or lake improvement district required 9.17 to be served under paragraph (b) or section 103G.301, 9.18 subdivision 6, may file a written recommendation for the 9.19 issuance of the permit or an objection to the issuance of the 9.20 permit with the commissioner within 30 days after receiving a 9.21 copy of the application. 9.22 Sec. 19. Minnesota Statutes 2002, section 115.06, 9.23 subdivision 4, is amended to read: 9.24 Subd. 4. [CITIZEN MONITORING OF WATER QUALITY.] (a) The 9.25 agency maymust encourage citizen monitoring of ambient water 9.26 quality for public waters by: 9.27 (1) providing technical assistance to citizen and local 9.28 group water quality monitoring efforts; 9.29 (2) integrating citizen monitoring data into water quality 9.30 assessments and agency programs, provided that the data adheres 9.31 to agency quality assurance and quality control protocols; and 9.32 (3) seeking public and private funds to: 9.33 (i) collaboratively develop clear guidelines for water 9.34 quality monitoring procedures and data management practices for 9.35 specific data and information uses; 9.36 (ii) distribute the guidelines to citizens, local 10.1 governments, and other interested parties; 10.2 (iii) improve and expand water quality monitoring 10.3 activities carried out by the agency; and 10.4 (iv) continue to improve electronic and Web access to water 10.5 quality data and information about public waters that have been 10.6 either fully or partially assessed. 10.7 (b) This subdivision does not authorize a citizen to enter 10.8 onto private property for any purpose. 10.9 (c) By January 15 of each odd-numbered year, the 10.10 commissioner shall report to the senate and house of 10.11 representatives committees with jurisdiction over environmental 10.12 policy and finance on activities under this section. 10.13 (d) This subdivision shall sunset June 30, 20052009. 10.14 Sec. 20. Minnesota Statutes 2002, section 115.55, 10.15 subdivision 9, is amended to read: 10.16 Subd. 9. [WARRANTIED SYSTEMS.] (a) An individual sewage 10.17 treatment system may be installed provided that it meets all 10.18 local ordinance requirements and provided the requirements of 10.19 paragraphs (b) to (d)(e) are met. 10.20 (b) The manufacturer shall provide to the commissioner: 10.21 (1) documentation that the manufacturer's system was 10.22 designated by the agency as a warrantied system as of June 30, 10.23 2001, andor the system is a modified version of the system that 10.24 was designated as a warrantied system and meets the size 10.25 requirements or other requirements that were the basis for 10.26 the previous warrantied system classification; or 10.27 (2) documentation showing that a minimum of 50 of the 10.28 manufacturer's systems have been installed and operated and are 10.29 under normal use across all major soil classifications for a 10.30 minimum of three years ;. 10.31 (3)(c) For each system that meets the requirements of 10.32 paragraph (b), clause (1) or (2), the manufacturer must provide 10.33 to the commissioner: 10.34 (1) documentation that the system manufacturer or designer 10.35 will provide full warranty effective for at least five years 10.36 from the time of installation, covering design, labor, and 11.1 material costs to remedy failure to meet performance 11.2 expectations for systems used and installed in accordance with 11.3 the manufacturer's or designer's instructions; and 11.4 (4)(2) a commonly accepted financial assurance document or 11.5 documentation of the manufacturer's or designer's financial 11.6 ability to cover potential replacement and upgrades necessitated 11.7 by failure of the system to meet the performance expectations 11.8 for the duration of the warranty period. 11.9 (c)(d) The manufacturer shall reimburse the agency an 11.10 amount of $1,000 for staff services needed to review the 11.11 information submitted pursuant to paragraphparagraphs (b) and 11.12 (c). Reimbursements accepted by the agency shall be deposited 11.13 in the environmental fund and are appropriated to the agency for 11.14 the purpose of reviewing information submitted. Reimbursement 11.15 by the manufacturer shall precede, not be contingent upon, and 11.16 shall not affect the agency's decision on whether the submittal 11.17 meets the requirements of paragraphparagraphs (b) and (c). 11.18 (d)(e) The manufacturer shall provide to the local unit of 11.19 government reasonable assurance of performance of the 11.20 manufacturer's system, engineering design of the manufacturer's 11.21 system, a monitoring plan that will be provided to system 11.22 owners, and a mitigation plan that will be provided to system 11.23 owners describing actions to be taken if the system fails. 11.24 (e)(f) The commissioner may prohibit an individual sewage 11.25 treatment system from qualifying for installation under this 11.26 subdivision upon a finding of fraud, system failure, failure to 11.27 meet warranty conditions, or failure to meet the requirements of 11.28 this subdivision or other matters that fail to meet with the 11.29 intent and purpose of this subdivision. Prohibition of 11.30 installation of a system by the commissioner does not alter or 11.31 end warranty obligations for systems already installed. 11.32 (g) This subdivision expires June 30, 2006. Expiration of 11.33 this subdivision does not alter or end warranty obligations for 11.34 systems installed under a previously approved warranty. 11.35 Sec. 21. Minnesota Statutes 2003 Supplement, section 11.36 115.551, is amended to read: 12.1 115.551 [TANK FEE.] 12.2 (a) An installer shall pay a fee of $25 for each septic 12.3 system tank installed in the previous calendar year. The fees 12.4 required under this section must be paid to the commissioner by 12.5 January 30 of each year. The revenue derived from the fee 12.6 imposed under this section shall be deposited in the 12.7 environmental fund and is exempt from section 16A.1285. 12.8 (b) Notwithstanding paragraph (a), for the purposes of 12.9 performance based individual sewage treatment systems, the tank 12.10 fee is limited to $25 per household system installation. 12.11 Sec. 22. [115.59] [ADVANCED TREATMENT SYSTEMS.] 12.12 Subdivision 1. [DEFINITIONS.] The definitions in this 12.13 subdivision apply to sections 115.59 to 115.60. 12.14 (a) "Agency" means the Pollution Control Agency. 12.15 (b) "Biodigester and water reclamation systems" or "system" 12.16 means a residential wastewater treatment system that separately 12.17 collects and segregates greywater from blackwater to be 12.18 mechanically or biologically treated for reclamation and safe 12.19 consumptive use or discharge above or below the surface of the 12.20 ground. 12.21 (c) "Blackwater" means sewage from toilets, urinals, and 12.22 any drains equipped with garbage grinders. 12.23 (d) "Greywater" means sewage that does not contain toilet 12.24 wastes or waste from garbage grinders. 12.25 (e) "Sewage" means waste produced by toilets, bathing, 12.26 laundry, or culinary operations, or the floor drains associated 12.27 with these sources. Household cleaners in sewage are restricted 12.28 to amounts normally used for domestic purposes. 12.29 Subd. 2. [BIODIGESTER AND WATER RECLAMATION SYSTEMS 12.30 REQUIREMENTS.] Biodigester and water reclamation systems must 12.31 meet the following requirements: 12.32 (1) all waste that includes any blackwater must be treated 12.33 as blackwater and must not be discharged for reuse; 12.34 (2) wastewater may only be treated as greywater when a 12.35 plumbing network separately collects and segregates greywater 12.36 from blackwater; 13.1 (3) the two waste streams of greywater and blackwater must 13.2 be treated to the following standards: 13.3 (i) for greywater reuse within the facility, the effluent 13.4 quality from the system must be within the health risk limits as 13.5 determined by Minnesota Rules, chapter 4717; 13.6 (ii) for greywater discharge outside the residence above 13.7 ground level, the effluent quality from the system shall meet or 13.8 exceed standards for the receiving water as set forth in 13.9 Minnesota Rules, chapter 7050; and 13.10 (iii) residuals from blackwater must be treated to levels 13.11 described in Code of Federal Regulations, title 40, part 503; 13.12 (3) residuals from blackwater treatment must be disposed of 13.13 in accordance with local and federal requirements and state 13.14 guidelines for septage; and 13.15 (4) toilets that do not contain a standard integral water 13.16 trap must have a water-sealed mechanical valve. 13.17 [EFFECTIVE DATE; EXPIRATION.] This section is effective the 13.18 day following final enactment and expires May 1, 2014. 13.19 Sec. 23. [115.60] [PILOT PROGRAM FOR ALTERNATIVE SEPTIC 13.20 SYSTEM TECHNOLOGY.] 13.21 Subdivision 1. [MANUFACTURER'S CERTIFICATION.] (a) Under 13.22 the authority of the Pollution Control Agency, with consultation 13.23 from the Department of Health, a manufacturer of new wastewater 13.24 treatment technologies must submit accredited third-party 13.25 testing documentation to the agency certifying that biodigester 13.26 and wastewater reclamation systems, as designed and installed, 13.27 will meet the applicable state standards for above or below 13.28 surface discharge or potable water. 13.29 (b) A manufacturer of biodigester and water reclamation 13.30 systems technology must provide training approved by the 13.31 commissioner of the agency to provide certification for persons 13.32 in the state to properly install, maintain, operate, and monitor 13.33 systems. An entity that would provide monitoring, installation, 13.34 maintenance, or operational services must not be a part of 13.35 certifying system capacities for the commissioner. 13.36 (c) A manufacturer shall reimburse the agency an amount not 14.1 to exceed $4,000 for staff services needed to review the 14.2 information submitted pursuant to the certification request. 14.3 Reimbursements accepted by the agency must be deposited in the 14.4 environmental fund and are appropriated to the agency for the 14.5 purpose of reviewing information submitted. The agency shall 14.6 reimburse the Department of Health for consultation related 14.7 costs. 14.8 Subd. 2. [REQUIREMENTS FOR MANUFACTURER OR CONSUMER 14.9 PARTICIPATION.] (a) Only trained and certified persons may 14.10 install, operate, repair, maintain, and monitor a biodigester 14.11 and water reclamation system. 14.12 (b) Systems must be monitored by an entity other than the 14.13 owner. 14.14 (c) Annual monitoring and maintenance reports must be 14.15 submitted to the commissioners of health and the agency and the 14.16 local regulatory authority. 14.17 (d) Independent documentation of system performance must be 14.18 reported on a form provided by the agency. 14.19 Subd. 3. [APPROVAL REQUIREMENTS.] (a) Permitting of 14.20 biodigester and water reclamation systems are subject to any 14.21 local government requirements for installation and use subject 14.22 to the commissioner's approval. 14.23 (b) Any subsurface discharge of treated effluent from any 14.24 system must be in accordance with environmental standards 14.25 contained in Minnesota Rules, part 7080.0179, and is regulated 14.26 under the requirements of sections 115.55 and 115.56. 14.27 (c) Any surface discharge of treated effluent from a system 14.28 must be in accordance with environmental standards contained in 14.29 Minnesota Rules, part 7080.0030, and be operated under a permit 14.30 issued by the agency. The agency may issue either individual or 14.31 general permits to regulate the surface discharges from 14.32 biodigester and water reclamation systems. 14.33 (d) Any reuse of treated effluent from a system must be in 14.34 accordance with state standards established for potable well 14.35 water. 14.36 Subd. 4. [EXEMPTION.] Biodigester and water reclamation 15.1 systems are exempt from all state and local requirements 15.2 pertaining to Minnesota Rules, chapter 4715, until May 1, 2014. 15.3 [EFFECTIVE DATE; EXPIRATION.] This section is effective the 15.4 day following final enactment and expires May 1, 2014. 15.5 Sec. 24. Minnesota Statutes 2003 Supplement, section 15.6 115A.072, subdivision 1, is amended to read: 15.7 Subdivision 1. [ENVIRONMENTAL EDUCATION ADVISORY BOARD.] 15.8 (a) The director shall provide for the development and 15.9 implementation of environmental education programs that are 15.10 designed to meet the goals listed in section 115A.073. 15.11 (b) The Environmental Education Advisory Board shall advise 15.12 the director in carrying out the director's responsibilities 15.13 under this section. The board consists of 20 members as follows: 15.14 (1) a representative of the Pollution Control Agency, 15.15 appointed by the commissioner of the agency; 15.16 (2) a representative of the Department of Education, 15.17 appointed by the commissioner of education; 15.18 (3) a representative of the Department of Agriculture, 15.19 appointed by the commissioner of agriculture; 15.20 (4) a representative of the Department of Health, appointed 15.21 by the commissioner of health; 15.22 (5) a representative of the Department of Natural 15.23 Resources, appointed by the commissioner of natural resources; 15.24 (6) a representative of the Board of Water and Soil 15.25 Resources, appointed by that board; 15.26 (7) a representative of the Environmental Quality Board, 15.27 appointed by that board; 15.28 (8) a representative of the Board of Teaching, appointed by 15.29 that board; 15.30 (9) a representative of the University of Minnesota 15.31 Extension Service, appointed by the director of the service; 15.32 (10) a citizen member from each congressional district, of 15.33 which two must be licensed teachers currently teaching in the 15.34 K-12 system, appointed by the director; and 15.35 (11) three at-large citizen members, appointed by the 15.36 director. 16.1 The citizen members shall serve two-year terms. Compensation of 16.2 board members is governed by section 15.059, subdivision 6. 16.3 Notwithstanding section 15.059, subdivision 5, the board expires 16.4 on June 30, 20032007. 16.5 Sec. 25. Minnesota Statutes 2002, section 115A.12, is 16.6 amended to read: 16.7 115A.12 [ADVISORY COUNCILS.] 16.8 (a) The director shall establish a Solid Waste Management 16.9 Advisory Council and a Prevention, Reduction, and Recycling 16.10 Advisory Council that are broadly representative of the 16.11 geographic areas and interests of the state. 16.12 (b) The solid waste council shall have not less than nine 16.13 nor more than 21 members. The membership of the solid waste 16.14 council shall consist of one-third citizen representatives, 16.15 one-third representatives from local government units, and 16.16 one-third representatives from private solid waste management 16.17 firms. The solid waste council shall contain at least three 16.18 members experienced in the private recycling industry and at 16.19 least one member experienced in each of the following areas: 16.20 state and municipal finance; solid waste collection, processing, 16.21 and disposal; and solid waste reduction and resource recovery. 16.22 (c) The Prevention, Reduction, and Recycling Advisory 16.23 Council shall have not less than nine nor more than 24 members. 16.24 The membership shall consist of one-third citizen 16.25 representatives, one-third representatives of government, and 16.26 one-third representatives of business and industry. The 16.27 director may appoint nonvoting members from other environmental 16.28 and business assistance providers in the state. 16.29 (d) The chairs of the advisory councils shall be appointed 16.30 by the director. The director shall provide administrative and 16.31 staff services for the advisory councils. The advisory councils 16.32 shall have such duties as are assigned by law or the director. 16.33 The Solid Waste Advisory Council shall make recommendations to 16.34 the office on its solid waste management activities. The 16.35 Prevention, Reduction, and Recycling Advisory Council shall make 16.36 recommendations to the office on policy, programs, and 17.1 legislation in pollution prevention, waste reduction, reuse and 17.2 recycling, resource conservation, and the management of 17.3 hazardous waste. Members of the advisory councils shall serve 17.4 without compensation but shall be reimbursed for their 17.5 reasonable expenses as determined by the director. 17.6 Notwithstanding section 15.059, subdivision 5, the Solid Waste 17.7 Management Advisory Council and the Prevention, Reduction, and 17.8 Recycling Advisory Council expire June 30, 20032007. 17.9 Sec. 26. Minnesota Statutes 2003 Supplement, section 17.10 115B.20, subdivision 2, is amended to read: 17.11 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.] Money 17.12 appropriated from the remediation fund under section 116.155, 17.13 subdivision 2, paragraph (a), clause (1), may be spent only for 17.14 the following purposes: 17.15 (1) preparation by the agency and the commissioner of 17.16 agriculture for taking removal or remedial action under section 17.17 115B.17, or under chapter 18D, including investigation, 17.18 monitoring and testing activities, enforcement and compliance 17.19 efforts relating to the release of hazardous substances, 17.20 pollutants or contaminants under section 115B.17 or 115B.18, or 17.21 chapter 18D; 17.22 (2) removal and remedial actions taken or authorized by the 17.23 agency or the commissioner of the Pollution Control Agency under 17.24 section 115B.17, or taken or authorized by the commissioner of 17.25 agriculture under chapter 18D including related enforcement and 17.26 compliance efforts under section 115B.17 or 115B.18, or chapter 17.27 18D, and payment of the state share of the cost of remedial 17.28 action which may be carried out under a cooperative agreement 17.29 with the federal government pursuant to the federal Superfund 17.30 Act, under United States Code, title 42, section 9604(c)(3) for 17.31 actions related to facilities other than commercial hazardous 17.32 waste facilities located under the siting authority of chapter 17.33 115A; 17.34 (3) reimbursement to any private person for expenditures 17.35 made before July 1, 1983, to provide alternative water supplies 17.36 deemed necessary by the agency or the commissioner of 18.1 agriculture and the Department of Health to protect the public 18.2 health from contamination resulting from the release of a 18.3 hazardous substance; 18.4 (4) assessment and recovery of natural resource damages by 18.5 the agency and the commissionerscommissioner of natural 18.6 resources andfor administration, andplanning, and 18.7 implementation by the commissioner of natural resources of the 18.8 rehabilitation, restoration, or acquisition of natural resources 18.9 to remedy injuries or losses to natural resources resulting from 18.10 the release of a hazardous substance; before implementing a 18.11 project to rehabilitate, restore, or acquire natural resources 18.12 under this clause, the commissioner of natural resources shall 18.13 provide written notice of the proposed project to the chairs of 18.14 the senate and house of representatives committees with 18.15 jurisdiction over environment and natural resources finance; 18.16 (5) acquisition of a property interest under section 18.17 115B.17, subdivision 15; 18.18 (6) reimbursement, in an amount to be determined by the 18.19 agency in each case, to a political subdivision that is not a 18.20 responsible person under section 115B.03, for reasonable and 18.21 necessary expenditures resulting from an emergency caused by a 18.22 release or threatened release of a hazardous substance, 18.23 pollutant, or contaminant; and 18.24 (7) reimbursement to a political subdivision for 18.25 expenditures in excess of the liability limit under section 18.26 115B.04, subdivision 4. 18.27 Sec. 27. [116.185] [IMPAIRED WATERS PROGRAM; COORDINATION 18.28 AND COOPERATION.] 18.29 In implementing an impaired waters program to meet the 18.30 requirements of the federal Clean Water Act, the Pollution 18.31 Control Agency and other public agencies shall take into 18.32 consideration the relevant provisions of local and other 18.33 applicable water management, conservation, land use, land 18.34 management, and development plans and programs. Public agencies 18.35 with authority for local water management, conservation, land 18.36 use, land management, and development plans shall take into 19.1 consideration the manner in which their plans affect the 19.2 implementation of the impaired waters program. Public agencies, 19.3 in consultation with the Pollution Control Agency, shall 19.4 identify opportunities to participate and assist in the 19.5 successful implementation of the impaired waters program, 19.6 including the funding or technical assistance needs, if 19.7 available, that would be necessary to take such actions. In 19.8 implementing the impaired waters program, the Pollution Control 19.9 Agency and other public agencies shall endeavor to engage the 19.10 cooperation of all organizations and individuals whose 19.11 activities affect the quality of surface waters, including point 19.12 and nonpoint sources of pollution, and who have authority and 19.13 responsibility for water management, planning, and protection. 19.14 To the extent practicable, the Pollution Control Agency and 19.15 other public agencies shall endeavor to enter into formal and 19.16 informal agreements and arrangements with federal agencies and 19.17 departments to jointly utilize staff and resources to deliver 19.18 programs or conduct activities to implement the impaired waters 19.19 program, including efforts under the federal Clean Water Act and 19.20 other federal farm and soil and water conservation programs. 19.21 For the purpose of this section, "public agencies" means 19.22 all state agencies, political subdivisions, and other public 19.23 organizations with authority, responsibility, or expertise in 19.24 protecting, restoring, or preserving the quality of surface 19.25 waters; managing or planning for surface waters and related 19.26 lands; or financing waters-related projects. Public agencies 19.27 includes counties, cities, towns, joint powers organizations and 19.28 special purpose units of government, and the University of 19.29 Minnesota and other public educational institutions. 19.30 Sec. 28. [116.186] [CLEAN WATERS COUNCIL.] 19.31 Subdivision 1. [MEMBERSHIP; APPOINTMENT.] A Clean Waters 19.32 Council of 17 members is created on August 1, 2004, to assist 19.33 and advise in the implementation of the impaired waters 19.34 program. The members of the council shall elect a chair from 19.35 the nonagency members of the council. The commissioners of 19.36 natural resources, agriculture, and the Pollution Control Agency 20.1 and the executive director of the Board of Water and Soil 20.2 Resources, shall each appoint one person from their respective 20.3 agencies to serve as a member of the council. The commissioner 20.4 of the Pollution Control Agency, in consultation with the other 20.5 state agencies represented on the council, shall appoint 13 20.6 additional nonagency members of the council as follows: 20.7 (1) two members representing statewide farm organizations; 20.8 (2) two members representing business organizations; 20.9 (3) two members representing environmental organizations; 20.10 (4) one member representing soil and water conservation 20.11 districts; 20.12 (5) one member representing watershed districts; 20.13 (6) one member representing organizations focused on 20.14 improvement of Minnesota lakes or streams; 20.15 (7) one member representing an organization of county 20.16 governments; 20.17 (8) two members representing organizations of city 20.18 governments; and 20.19 (9) one member representing the Metropolitan Council 20.20 established under section 473.123. 20.21 Subd. 2. [TERMS; COMPENSATION; REMOVAL; FILLING OF 20.22 VACANCIES.] Terms, compensation, removal, and filling of 20.23 vacancies for the council are as provided in section 15.059, 20.24 subdivisions 2, 3, and 4. 20.25 Subd. 3. [COUNCIL MEETINGS.] Meetings of the council and 20.26 other groups the council may establish must be conducted in 20.27 accordance with chapter 13D. Except where prohibited by law, 20.28 the council shall establish additional processes to broaden 20.29 public involvement in all aspects of its deliberations. 20.30 Sec. 29. Minnesota Statutes 2002, section 116.92, 20.31 subdivision 4, is amended to read: 20.32 Subd. 4. [REMOVAL FROM SERVICE; PRODUCTS CONTAINING 20.33 MERCURY.] (a) When an item listed in subdivision 3 is removed 20.34 from service the mercury in the item must be reused, recycled, 20.35 or otherwise managed to ensure compliance with section 115A.932. 20.36 (b) A person who is in the business of replacing or 21.1 repairing an item listed in subdivision 3 in households shall 21.2 ensure, or deliver the item to a facility that will ensure, that 21.3 the mercury contained in an item that is replaced or repaired is 21.4 reused or recycled or otherwise managed in compliance with 21.5 section 115A.932. 21.6 (c) A person may not crush a motor vehicle unless the 21.7 person has first made a good faith effort to removeremoved all 21.8 of the mercury switches in the motor vehicle. 21.9 (d) A first violation of paragraph (c) of this subdivision 21.10 is a petty misdemeanor. A subsequent violation of paragraph (c) 21.11 by the same person is a misdemeanor. 21.12 Sec. 30. Minnesota Statutes 2002, section 116P.12, 21.13 subdivision 1, is amended to read: 21.14 Subdivision 1. [LOANS AUTHORIZED.] (a) If the principal of 21.15 the trust fund equals or exceeds $200,000,000, the commission 21.16 may vote to set aside up to five percent of the principal of the 21.17 trust fund for water system improvement loans. The purpose of 21.18 water system improvement loans is to offer below market rate 21.19 interest loans to local units of government or individuals for 21.20 the purposes of water system improvements. 21.21 (b) The interest on a loan shall be calculated on the 21.22 declining balance at a rate four percentage points below the 21.23 secondary market yield of one-year United States treasury bills 21.24 calculated according to section 549.09, subdivision 1, paragraph 21.25 (c), or may be zero as determined by the commission. 21.26 (c) An eligible project must prove that existing federal or 21.27 state loans or grants have not been adequate. 21.28 (d) Payments on the principal and any interest of loans 21.29 under this section must be credited to the trust fund. 21.30 (e) Repayment of loans made under this section must be 21.31 completed within 20 years. 21.32 (f) The Minnesota Public Facilities Authority must report 21.33 to the commission each year on the loan program under this 21.34 section. 21.35 Sec. 31. Minnesota Statutes 2002, section 116P.12, is 21.36 amended by adding a subdivision to read: 22.1 Subd. 3. [DEFINITION.] For purposes of this section, 22.2 "water system improvement" means enhancement of existing water 22.3 system infrastructure to improve water quality, including but 22.4 not limited to water supply systems and individual sewage 22.5 treatment systems, and not including municipal water pollution 22.6 control systems. 22.7 Sec. 32. Minnesota Statutes 2003 Supplement, section 22.8 473.845, subdivision 1, is amended to read: 22.9 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 22.10 contingency action trust account is an expendable trust account 22.11 in the remediation fund. The account consists of revenue 22.12 deposited in the fundaccount under section 473.843, subdivision 22.13 2, clause (2); amounts recovered under subdivision 7; and 22.14 interest earned on investment of money in the fundaccount. 22.15 Sec. 33. Laws 2003, chapter 128, article 1, section 10, is 22.16 amended to read: 22.17 Sec. 10. [FUND TRANSFER.] 22.18 (a) By June 30, 2003, the commissioner of the pollution 22.19 control agency shall transfer $11,000,000 from the unreserved 22.20 balance of the solid waste fund to the commissioner of finance 22.21 for cancellation to the general fund. 22.22 (b) The commissioner of the pollution control agency shall 22.23 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 22.24 July 30, 2004, from the unreserved balance of the environmental 22.25 fund to the commissioner of finance for cancellation to the 22.26 general fund. 22.27 (c) By June 30, 2005, the commissioner of the pollution 22.28 control agency shall transfer $1,370,000 from the environmental 22.29 fund to the commissioner of finance for cancellation to the 22.30 general fund. 22.31 (d) By June 30, 2007, the commissioner of the pollution 22.32 control agency shall transfer $1,370,000 from the environmental 22.33 fund to the commissioner of finance for cancellation to the 22.34 general fund. 22.35 (e) By June 30, 2004, the commissioner of the pollution 22.36 control agency shall transfer $9,905,000 from the metropolitan 23.1 landfill contingency action trust fundaccount to the 23.2 commissioner of finance for cancellation to the general fund. 23.3 This is a onetime transfer from the metropolitan landfill 23.4 contingency action trust fundaccount to the general fund. It 23.5 is the intent of the legislature to restore these funds to the 23.6 metropolitan landfill contingency action trust fundaccount as 23.7 revenues become available in the future to ensure the state 23.8 meets future financial obligations under Minnesota Statutes, 23.9 section 473.845. 23.10 Sec. 34. [SNOWMOBILE USE AND FUNDING STUDY.] 23.11 (a) The commissioner shall contract for and appoint a task 23.12 force to complete an independent comprehensive study of 23.13 snowmobile use and funding. The task force shall include 23.14 representatives of: 23.15 (1) the Department of Natural Resources; 23.16 (2) the Department of Employment and Economic Development; 23.17 (3) the Minnesota Office of Tourism; 23.18 (4) the Minnesota United Snowmobilers Association; 23.19 (5) the Minnesota Snowmobile Advisory Council; and 23.20 (6) other stakeholders. 23.21 (b) The study shall examine the future fiscal management of 23.22 the snowmobile trails and enforcement account in the natural 23.23 resources fund, including use of the account for land access, 23.24 trail improvements, and trail development. 23.25 (c) The task force shall report the results of the study to 23.26 the legislature by January 10, 2005. 23.27 Sec. 35. [MINNESOTA FUTURE RESOURCES FUND; ENVIRONMENT AND 23.28 NATURAL RESOURCES TRUST FUND; APPROPRIATIONS CARRYFORWARD.] 23.29 (a) The availability of the appropriations for the 23.30 following projects is extended to June 30, 2005, or for the 23.31 period of any federal money received for the project: Laws 23.32 1999, chapter 231, section 16, subdivision 4, paragraph (b), as 23.33 extended by Laws 2001, First Special Session chapter 2, section 23.34 14, subdivision 18, paragraph (b), Mesabi trail land acquisition 23.35 and development-continuation; and Laws 2001, First Special 23.36 Session chapter 2, section 14, subdivision 5, paragraph (i), as 24.1 extended by Laws 2003, chapter 128, article 1, section 9, 24.2 subdivision 20, paragraph (a), Gateway Trail Bridge. 24.3 (b) The availability of the appropriation for the following 24.4 project is extended to June 30, 2006: Laws 2003, chapter 128, 24.5 article 1, section 9, subdivision 11, paragraph (b), bucks and 24.6 buckthorn: engaging young hunters in restoration. 24.7 (c) The availability of the appropriation for the following 24.8 project is extended to June 30, 2006: Laws 2001, First Special 24.9 Session chapter 2, section 14, subdivision 4, paragraph (e), 24.10 restoring Minnesota's fish and wildlife habitat corridors, and 24.11 after June 30, 2004, the appropriation may be spent as provided 24.12 in Laws 2003, chapter 128, article 1, section 9, subdivision 5, 24.13 paragraph (a), restoring Minnesota's fish and wildlife habitat 24.14 corridors-phase II. 24.15 Sec. 36. [LCMR PARKS STUDY.] 24.16 Subdivision 1. [REGIONAL PARKS.] The Legislative 24.17 Commission on Minnesota Resources shall continue studying park 24.18 issues, including looking at fairness for funding of operation 24.19 and maintenance costs for regional parks within the seven-county 24.20 metropolitan area and outside the seven-county metropolitan 24.21 area. Recommendations may be made to the 2005 legislature. 24.22 Subd. 2. [FUNDING AUTHORIZATION.] To begin implementing 24.23 the recommendations in the Legislative Commission on Minnesota 24.24 Resources February 2004 parks report, up to $6,000 of the 24.25 appropriation in Laws 2003, chapter 128, article 1, section 9, 24.26 subdivision 3, clause (b), is for an agreement with the 24.27 Association of Minnesota Counties to identify and develop a 24.28 comprehensive list of regional parks in greater Minnesota, 24.29 outside of the seven county metropolitan area, including an 24.30 inventory of park facilities. 24.31 Sec. 37. [DNR STUDY OF AQUATIC PLANT MANAGEMENT AND LAKE 24.32 PROTECTION PROGRAMS.] 24.33 The Department of Natural Resources, in conjunction with 24.34 stakeholder groups, shall review the current programs for lake 24.35 management funded by various sources, including but not limited 24.36 to the water recreation account, and explore funding a grant 25.1 program from these monies for local governments and qualified 25.2 lake organizations. The review must include types of chemical 25.3 or biological treatment in treating a lake's environment. The 25.4 review is to be reported back to the house and senate 25.5 Environment and Natural Resources Policy and Finance Committees 25.6 by January 15, 2005. 25.7 Sec. 38. [REPEALER.] 25.8 Minnesota Statutes 2002, section 115.55, subdivision 10, is 25.9 repealed. 25.10 Sec. 39. [EFFECTIVE DATE.] 25.11 Except as otherwise specified, this act is effective the 25.12 day following final enactment.