Minnesota Legislature
SF 750
as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am
KEY: stricken = removed, old language.
underscored = added, new language.
Current Version - as introduced
1.1 A bill for an act 1.2 relating to state government; appropriating money for 1.3 environmental, natural resources, and agricultural 1.4 purposes; establishing and modifying certain programs; 1.5 providing for regulation of certain activities and 1.6 practices; providing for accounts, assessments, and 1.7 fees; amending Minnesota Statutes 2002, sections 1.8 16A.531, subdivision 1, by adding a subdivision; 1.9 17.4988; 18.525; 18.78; 18.79, subdivisions 2, 3, 5, 1.10 6, 9, 10, 11; 18.81, subdivisions 2, 3; 18.84, 1.11 subdivision 3; 18.85; 18.86; 18B.26, subdivision 3; 1.12 21.89, subdivision 2; 21.90, subdivision 2; 21.901; 1.13 28A.08, subdivision 3; 28A.085, subdivision 1; 28A.09, 1.14 subdivision 1; 32.394, subdivisions 8, 8b, 8d; 35.02, 1.15 subdivision 1; 37.03, subdivision 1; 41A.09, 1.16 subdivisions 2a, 3a; 84.085, subdivision 1; 84.415, 1.17 subdivisions 4, 5, by adding subdivisions; 84D.14; 1.18 85.052, subdivision 3; 85.053, subdivision 1; 85A.02, 1.19 subdivision 17; 86B.415, subdivision 7; 97A.475, 1.20 subdivisions 15, 26, 27, 28, 29, 30, 38, 39, 40, 42; 1.21 97B.645, subdivision 7; 103B.231, subdivision 3a; 1.22 103B.305, subdivision 3, by adding subdivisions; 1.23 103B.311, subdivisions 1, 2, 3, 4; 103B.315, 1.24 subdivisions 4, 5, 6; 103B.321, subdivisions 1, 2; 1.25 103B.325, subdivisions 1, 2; 103B.331, subdivisions 1, 1.26 2, 3; 103B.3363, subdivision 3; 103B.3369, 1.27 subdivisions 2, 4, 5, 6; 103B.355; 103D.405, 1.28 subdivision 2; 103G.005, subdivision 10e; 103G.222, 1.29 subdivision 1; 103G.2242, by adding subdivisions; 1.30 103G.271, subdivisions 6, 6a; 103G.611, subdivision 1; 1.31 103G.615, subdivision 2; 115.03, by adding 1.32 subdivisions; 115.073; 115.56, subdivision 4; 1.33 115A.0716, subdivision 3; 115A.545, subdivision 2; 1.34 115A.9651, subdivision 6; 115B.17, subdivisions 6, 7, 1.35 14, 16; 115B.19; 115B.20; 115B.22, subdivision 7; 1.36 115B.25, subdivisions 1a, 4; 115B.26; 115B.30; 1.37 115B.31, subdivisions 1, 3, 4; 115B.32, subdivision 1; 1.38 115B.33, subdivision 1; 115B.34; 115B.36; 115B.40, 1.39 subdivision 4; 115B.41, subdivisions 1, 2, 3; 115B.42, 1.40 subdivision 2; 115B.421; 115B.445; 115B.48, 1.41 subdivision 2; 115B.49, subdivisions 1, 3, 4; 115D.12, 1.42 subdivision 2; 116.03, subdivision 2; 116.07, 1.43 subdivisions 4d, 4h; 116.994; 116C.834, subdivision 1; 1.44 116O.09, subdivisions 1, 1a, 2, 3, 8, 9, 12, 13, by 1.45 adding a subdivision; 116P.02, subdivision 1; 116P.05, 1.46 subdivision 2; 116P.09, subdivisions 4, 5, 7; 116P.10; 2.1 116P.14, subdivision 2; 273.13, subdivision 23; 2.2 297A.94; 297F.10, subdivision 1; 297H.13, subdivisions 2.3 1, 2; 325E.10, subdivision 1; 469.175, subdivision 7; 2.4 473.843, subdivision 2; 473.844, subdivision 1; 2.5 473.845, subdivisions 1, 3, 7, 8; 473.846; proposing 2.6 coding for new law in Minnesota Statutes, chapters 18; 2.7 21; 103B; 116; repealing Minnesota Statutes 2002, 2.8 sections 1.31; 1.32; 3.737; 17.101, subdivision 5; 2.9 17.110; 18.51; 18.52; 18.53; 18.54; 18.79, 2.10 subdivisions 1, 4, 7, 8; 18B.065, subdivision 5; 2.11 38.02; 41A.09, subdivisions 1, 1a, 6, 7, 8; 84.415, 2.12 subdivisions 1, 3; 89.391; 93.2235; 103B.311, 2.13 subdivisions 5, 6, 7; 103B.315, subdivisions 1, 2, 3, 2.14 7; 103B.321, subdivision 3; 103B.3369, subdivision 3; 2.15 103G.222, subdivision 2; 115A.908, subdivision 2; 2.16 115B.02, subdivision 1a; 115B.19; 115B.42, subdivision 2.17 1; 116O.09, subdivisions 5, 6, 7, 10; 116P.13; 2.18 297H.13, subdivisions 3, 4; 325E.112, subdivisions 2, 2.19 3; 325E.113; 473.845, subdivision 4; Minnesota Rules, 2.20 parts 6135.0100; 6135.0200; 6135.0300; 6135.0400; 2.21 6135.0510; 6135.0610; 6135.0710; 6135.0810; 6135.1000; 2.22 6135.1100; 6135.1200; 6135.1300; 6135.1400; 6135.1500; 2.23 6135.1600; 6135.1700; 6135.1800; 9300.0010; 9300.0020; 2.24 9300.0030; 9300.0040; 9300.0050; 9300.0060; 9300.0070; 2.25 9300.0080; 9300.0090; 9300.0100; 9300.0110; 9300.0120; 2.26 9300.0130; 9300.0140; 9300.0150; 9300.0160; 9300.0170; 2.27 9300.0180; 9300.0190; 9300.0200; 9300.0210. 2.28 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 2.29 ARTICLE 1 2.30 GENERAL 2.31 Section 1. [ENVIRONMENT, NATURAL RESOURCES, AND AGRICULTURE 2.32 APPROPRIATIONS.] 2.33 The sums shown in the columns marked "APPROPRIATIONS" are 2.34 appropriated from the general fund, or another named fund, to 2.35 the agencies and for the purposes specified in this act, to be 2.36 available for the fiscal years indicated for each purpose. The 2.37 figures "2004" and "2005," where used in this act, mean that the 2.38 appropriation or appropriations listed under them are available 2.39 for the year ending June 30, 2004, or June 30, 2005, 2.40 respectively. The term "the first year" means the year ending 2.41 June 30, 2004, and the term "the second year" means the year 2.42 ending June 30, 2005. 2.43 SUMMARY BY FUND 2.44 2004 2005 TOTAL 2.45 General $ 180,374,000 $ 178,576,000 $ 358,950,000 2.46 State Government 2.47 Special Revenue 48,000 48,000 96,000 2.48 Environmental 37,514,000 37,600,000 75,114,000 2.49 Natural 2.50 Resources 47,387,000 47,447,000 94,834,000 3.1 Game and Fish 80,999,000 80,739,000 161,738,000 3.2 Remediation 11,504,000 11,504,000 23,008,000 3.3 TOTAL $ 357,826,000 $ 355,914,000 $ 713,740,000 3.4 APPROPRIATIONS 3.5 Available for the Year 3.6 Ending June 30 3.7 2004 2005 3.8 Sec. 2. POLLUTION CONTROL AGENCY 3.9 Subdivision 1. Total 3.10 Appropriation $ 53,378,000 $ 53,464,000 3.11 Summary by Fund 3.12 General 14,819,000 14,819,000 3.13 State Government 3.14 Special Revenue 48,000 48,000 3.15 Environmental 27,107,000 27,193,000 3.16 Remediation 11,404,000 11,404,000 3.17 The amounts that may be spent from this 3.18 appropriation for each program are 3.19 specified in the following subdivisions. 3.20 Subd. 2. Water 19,883,000 19,976,000 3.21 Summary by Fund 3.22 General 10,467,000 10,467,000 3.23 State Government 3.24 Special Revenue 48,000 48,000 3.25 Environmental 9,368,000 9,461,000 3.26 $2,348,000 the first year and 3.27 $2,348,000 the second year are for the 3.28 clean water partnership program. Any 3.29 balance remaining in the first year 3.30 does not cancel and is available for 3.31 the second year of the biennium. 3.32 At least $1,841,000, but no more than 3.33 $2,324,000 the first year and at least 3.34 $1,841,000, but no more than $2,324,000 3.35 the second year are for grants for 3.36 county administration of the feedlot 3.37 permit program. These amounts are 3.38 transferred to the board of water and 3.39 soil resources for disbursement in 3.40 accordance with Minnesota Statutes, 3.41 section 103B.3369, in cooperation with 3.42 the pollution control agency. Grants 3.43 must be matched with a combination of 3.44 local cash and/or in-kind contributions. 3.45 Counties receiving these grants shall 3.46 submit an annual report to the 3.47 pollution control agency regarding 3.48 activities conducted under the grant, 3.49 expenditures made, and local match 3.50 contributions. Funding shall be given 3.51 to counties that have requested and 3.52 received delegation from the pollution 4.1 control agency for processing of animal 4.2 feedlot permit applications under 4.3 Minnesota Statutes, section 116.07, 4.4 subdivision 7. The grant amount 4.5 distributed to each county shall be 4.6 based on the number of registered 4.7 feedlots in the county as provided to 4.8 the pollution control agency in the 4.9 county's annual feedlot registration 4.10 update report. Only feedlots with ten 4.11 animal units or more in shoreland of 50 4.12 animal units or more in nonshoreland 4.13 and that are otherwise required by 4.14 Minnesota Rules, part 7020.0350, to 4.15 register may be used to determine grant 4.16 award amounts. Registration 4.17 information provided by the county must 4.18 meet either the requirements of 4.19 Minnesota Rules, part 7020.0350, or the 4.20 terms for aggregate reporting as 4.21 described in Minnesota Statutes, 4.22 section 116.0712. Feedlots that have 4.23 submitted registration in accordance 4.24 with Minnesota Rules, part 7020.0350, 4.25 shall be funded at a rate of $80 per 4.26 feedlot. Feedlots that have submitted 4.27 registration information in aggregate 4.28 shall be funded at the rate of $50 per 4.29 feedlot that provides registration 4.30 information according to Minnesota 4.31 Rules, part 7020.0350. To be eligible 4.32 for a grant, a county must be delegated 4.33 by December 31 of the year prior to the 4.34 year in which awards are distributed. 4.35 At a minimum, delegated counties are 4.36 eligible to receive a grant of $7,500 4.37 per year. To receive the award, the 4.38 county must receive approval by the 4.39 pollution control agency of the county 4.40 feedlot work plan and annual county 4.41 feedlot officer report. Feedlots that 4.42 have been inactive for five or more 4.43 years may not be counted in determining 4.44 the amount of the grant. 4.45 Any remaining money is available for 4.46 distribution to all counties on a 4.47 competitive basis through the challenge 4.48 grant process for the development of 4.49 delegated county feedlot programs or to 4.50 enhance existing delegated county 4.51 feedlot programs, information and 4.52 education, or technical assistance 4.53 efforts to reduce feedlot-related 4.54 pollution hazards. 4.55 $335,000 the first year and $335,000 4.56 the second year are for community 4.57 technical assistance and education, 4.58 including grants and technical 4.59 assistance to communities for local and 4.60 basinwide water quality protection. 4.61 $405,000 the first year and $405,000 4.62 the second year are for individual 4.63 sewage treatment system (ISTS) 4.64 administration and/or grants. Of this 4.65 amount, $86,000 in each year must be 4.66 transferred to the board of water and 4.67 soil resources for assistance to local 4.68 units of government through competitive 5.1 grant programs for ISTS program 5.2 development. Any unexpended balance in 5.3 the first year does not cancel but is 5.4 available in the second year. 5.5 Notwithstanding Minnesota Statutes, 5.6 section 16A.28, the appropriations 5.7 encumbered under contract on or before 5.8 June 30, 2005, for clean water 5.9 partnership, ISTS, and Minnesota River 5.10 grants in this subdivision are 5.11 available until June 30, 2007. 5.12 Subd. 3. Air 8,645,000 8,640,000 5.13 Summary by Fund 5.14 Environmental 8,645,000 8,640,000 5.15 Up to $150,000 the first year and 5.16 $150,000 the second year may be 5.17 transferred to the environmental fund 5.18 for the small business environmental 5.19 improvement loan program established in 5.20 Minnesota Statutes, section 116.993. 5.21 $200,000 the first year and $200,000 5.22 the second year are from the 5.23 environmental fund for a monitoring 5.24 program under Minnesota Statutes, 5.25 section 116.454. 5.26 Subd. 4. Land 18,462,000 18,455,000 5.27 Summary by Fund 5.28 Environmental 7,058,000 7,051,000 5.29 Remediation 11,404,000 11,404,000 5.30 All money for environmental response, 5.31 compensation, and compliance in the 5.32 remediation fund not otherwise 5.33 appropriated is appropriated to the 5.34 commissioners of the pollution control 5.35 agency and the department of 5.36 agriculture for purposes of Minnesota 5.37 Statutes, section 115B.20, subdivision 5.38 2, clauses (1), (2), (3), (4), (10), 5.39 (11), and (12). At the beginning of 5.40 each fiscal year, the two commissioners 5.41 shall jointly submit an annual spending 5.42 plan to the commissioner of finance 5.43 that maximizes the utilization of 5.44 resources and appropriately allocates 5.45 the money between the two agencies. 5.46 This appropriation is available until 5.47 June 30, 2005. 5.48 $574,000 the first year and $574,000 5.49 the second year are from the petroleum 5.50 tank fund to be transferred to the 5.51 remediation fund for purposes of the 5.52 leaking underground storage tank 5.53 program to protect the land. 5.54 $200,000 the first year and $200,000 5.55 the second year are from the 5.56 remediation fund to be transferred to 5.57 the department of health for private 5.58 water supply monitoring and health 6.1 assessment costs in areas contaminated 6.2 by unpermitted mixed municipal solid 6.3 waste disposal facilities. 6.4 $685,000 the first year and $685,000 6.5 the second year are from the 6.6 environmental fund balance to reimburse 6.7 the general fund for past sales of 6.8 bonds used to support the closed 6.9 landfill program through June 30, 2007. 6.10 Subd. 5. Multimedia 4,301,000 4,306,000 6.11 Summary by Fund 6.12 General 2,265,000 2,265,000 6.13 Environmental 2,036,000 2,041,000 6.14 Subd. 6. Administrative Support 2,087,000 2,087,000 6.15 Summary by Fund 6.16 General 2,087,000 2,087,000 6.17 Sec. 3. OFFICE OF ENVIRONMENTAL 6.18 ASSISTANCE 24,839,000 24,839,000 6.19 Summary by Fund 6.20 General 14,785,000 14,785,000 6.21 Environmental 6.22 Fund 10,054,000 10,054,000 6.23 $10,088,000 each year is for SCORE 6.24 block grants to counties. Any 6.25 unencumbered grant and loan balances in 6.26 the first year do not cancel but are 6.27 available for grants and loans in the 6.28 second year. 6.29 All money deposited in the 6.30 environmental fund for the metropolitan 6.31 solid waste landfill fee in accordance 6.32 with Minnesota Statutes, section 6.33 473.843, and not otherwise 6.34 appropriated, is appropriated to the 6.35 office of environmental assistance for 6.36 the purposes of Minnesota Statutes, 6.37 section 473.844. 6.38 $7,500,000 the first year and 6.39 $7,500,000 the second year are from the 6.40 environmental fund for mixed municipal 6.41 solid waste processing payments under 6.42 Minnesota Statutes, section 115A.545. 6.43 Notwithstanding Minnesota Statutes, 6.44 section 16A.28, the appropriations 6.45 encumbered under contract during the 6.46 2004-2005 biennium for environmental 6.47 assistance grants awarded under 6.48 Minnesota Statutes, section 115A.0716, 6.49 technical and research assistance under 6.50 Minnesota Statutes, section 115A.152, 6.51 technical assistance under Minnesota 6.52 Statutes, section 115A.52, and 6.53 pollution prevention assistance under 6.54 Minnesota Statutes, section 115D.04, 6.55 are available until June 30, 2006. 7.1 Sec. 4. ZOOLOGICAL BOARD 6,679,000 6,679,000 7.2 Summary by Fund 7.3 General 6,557,000 6,557,000 7.4 Natural Resources 122,000 122,000 7.5 Sec. 5. NATURAL RESOURCES 7.6 Subdivision 1. Total 7.7 Appropriation 218,639,000 218,439,000 7.8 Summary by Fund 7.9 General 90,275,000 90,275,000 7.10 Natural Resources 47,265,000 47,325,000 7.11 Game and Fish 80,999,000 80,739,000 7.12 Remediation 100,000 100,000 7.13 The amounts that may be spent from this 7.14 appropriation for each program are 7.15 specified in the following subdivisions. 7.16 Subd. 2. Land and Mineral Resources 7.17 Management 7.18 7,229,000 7,229,000 7.19 Summary by Fund 7.20 General 6,186,000 6,186,000 7.21 Natural Resources 156,000 156,000 7.22 Game and Fish 887,000 887,000 7.23 $240,000 the first year and $240,000 7.24 the second year are for iron ore 7.25 cooperative research, of which $120,000 7.26 the first year and $120,000 the second 7.27 year are available only as matched by 7.28 $1 of nonstate money for each $1 of 7.29 state money. The match may be cash or 7.30 in-kind. Any unencumbered balance 7.31 remaining in the first year does not 7.32 cancel but is available for the second 7.33 year. 7.34 $126,000 the first year and $126,000 7.35 the second year are for mineral 7.36 diversification. 7.37 $86,000 the first year and $86,000 the 7.38 second year are for minerals 7.39 cooperative environmental research, of 7.40 which $43,000 the first year and 7.41 $43,000 the second year are available 7.42 only as matched by $1 of nonstate money 7.43 for each $1 of state money. The match 7.44 may be cash or in-kind. Any 7.45 unencumbered balance remaining in the 7.46 first year does not cancel but is 7.47 available for the second year. 7.48 Subd. 3. Water Resources Management 7.49 11,135,000 11,135,000 8.1 Summary by Fund 8.2 General 10,655,000 10,655,000 8.3 Natural Resources 480,000 480,000 8.4 Subd. 4. Forest Management 8.5 32,959,000 32,959,000 8.6 Summary by Fund 8.7 General 32,724,000 32,724,000 8.8 Game and Fish 235,000 235,000 8.9 $5,400,000 the first year and 8.10 $5,400,000 the second year are for 8.11 presuppression and suppression costs of 8.12 emergency firefighting and other costs 8.13 incurred under Minnesota Statutes, 8.14 section 88.12, subdivision 2, related 8.15 to search and rescue operations. If 8.16 the appropriation for either year is 8.17 insufficient to cover all costs of 8.18 suppression and search and rescue 8.19 operations, the amount necessary to pay 8.20 for these costs during the biennium is 8.21 appropriated from the general fund. By 8.22 November 15 of each year, the 8.23 commissioner of natural resources shall 8.24 submit a report to the chairs of the 8.25 house of representatives ways and means 8.26 committee, the senate finance 8.27 committee, the environment and 8.28 agriculture budget division of the 8.29 senate finance committee, and the house 8.30 of representatives environment and 8.31 natural resources finance committee, 8.32 identifying all firefighting costs 8.33 incurred and reimbursements received in 8.34 the prior fiscal year. The report must 8.35 be in a format agreed to by the house 8.36 environment finance committee chair, 8.37 the senate environment budget division 8.38 chair, the department, and the 8.39 department of finance. These 8.40 appropriations may not be transferred. 8.41 Any reimbursement of firefighting 8.42 expenditures made to the commissioner 8.43 from any source other than federal 8.44 mobilizations shall be deposited into 8.45 the general fund. 8.46 $630,000 the first year and $630,000 8.47 the second year are for the forest 8.48 resources council for implementation of 8.49 the Sustainable Forest Resources Act. 8.50 $350,000 the first year and $350,000 8.51 the second year are for the FORIST 8.52 timber management information system 8.53 and for increased forestry management. 8.54 $235,000 the first year and $235,000 8.55 the second year are from the game and 8.56 fish fund to implement ecological 8.57 classification systems (ECS) standards 8.58 on forested landscapes. This 8.59 appropriation is from revenue deposited 8.60 to the game and fish fund under 9.1 Minnesota Statutes, section 297A.94, 9.2 paragraph (e), clause (1). 9.3 Subd. 5. Parks and Recreation 9.4 Management 9.5 34,894,000 34,894,000 9.6 Summary by Fund 9.7 General 19,032,000 19,032,000 9.8 Natural Resources 15,862,000 15,862,000 9.9 $740,000 the first year and $740,000 9.10 the second year are from the water 9.11 recreation account in the natural 9.12 resources fund for state park 9.13 development projects. 9.14 $3,060,000 the first year and 9.15 $3,060,000 the second year are for 9.16 payment of a grant to the metropolitan 9.17 council for metropolitan area regional 9.18 parks maintenance and operations. 9.19 $3,384,000 the first year and 9.20 $3,384,000 the second year are from the 9.21 natural resources fund for state park 9.22 and recreation area operations. This 9.23 appropriation is from the revenue 9.24 deposited to the natural resources fund 9.25 under Minnesota Statutes, section 9.26 297A.94, paragraph (e), clause (2). 9.27 $4,057,000 the first year and 9.28 $4,057,000 the second year are from the 9.29 natural resources fund for a grant to 9.30 the metropolitan council for 9.31 metropolitan area regional parks and 9.32 trails maintenance and operations. 9.33 This appropriation is from the revenue 9.34 deposited to the natural resources fund 9.35 under Minnesota Statutes, section 9.36 297A.94, paragraph (e), clause (3). 9.37 $7,681,000 the first year and 9.38 $7,681,000 the second year are from the 9.39 state parks account in the natural 9.40 resources fund for state park and 9.41 recreation area operations. 9.42 Subd. 6. Trails and Waterways 9.43 Management 9.44 22,371,000 21,884,000 9.45 Summary by Fund 9.46 General 1,573,000 1,573,000 9.47 Natural Resources 18,627,000 18,627,000 9.48 Game and Fish 2,171,000 1,684,000 9.49 $5,724,000 the first year and 9.50 $5,724,000 the second year are from the 9.51 snowmobile trails and enforcement 9.52 account in the natural resources fund 9.53 for snowmobile grants-in-aid. 10.1 $261,000 the first year and $261,000 10.2 the second year are from the water 10.3 recreation account in the natural 10.4 resources fund for a safe harbor 10.5 program on Lake Superior. 10.6 $674,000 the first year and $674,000 10.7 the second year are from the natural 10.8 resources fund for state trail 10.9 operations. This appropriation is from 10.10 the revenue deposited to the natural 10.11 resources fund under Minnesota 10.12 Statutes, section 297A.94, paragraph 10.13 (e), clause (2). 10.14 $541,000 the first year and $541,000 10.15 the second year are from the natural 10.16 resources fund for trail grants to 10.17 local units of government on land to be 10.18 maintained for at least 20 years for 10.19 the purposes of the grant. This 10.20 appropriation is from the revenue 10.21 deposited to the natural resources fund 10.22 under Minnesota Statutes, section 10.23 297A.94, paragraph (e), clause (4). 10.24 The appropriation in Laws 2001, First 10.25 Special Session chapter 2, section 5, 10.26 subdivision 6, from the water 10.27 recreation account in the natural 10.28 resources fund for preconstruction, 10.29 acquisition, and staffing needs for the 10.30 Mississippi Whitewater trail authorized 10.31 by Minnesota Statutes, section 85.0156, 10.32 is available until June 30, 2005. 10.33 Subd. 7. Fish Management 10.34 28,903,000 28,965,000 10.35 Summary by Fund 10.36 General 417,000 417,000 10.37 Natural Resources 197,000 197,000 10.38 Game and Fish 28,289,000 28,351,000 10.39 $402,000 the first year and $402,000 10.40 the second year are for resource 10.41 population surveys in the 1837 treaty 10.42 area. Of this amount, $260,000 the 10.43 first year and $260,000 the second year 10.44 are from the game and fish fund. 10.45 $177,000 the first year and $177,000 10.46 the second year are for the reinvest in 10.47 Minnesota programs of game and fish, 10.48 critical habitat, and wetlands 10.49 established under Minnesota Statutes, 10.50 section 84.95, subdivision 2. 10.51 $895,000 the first year and $895,000 10.52 the second year are from the trout and 10.53 salmon management account for only the 10.54 purposes specified in Minnesota 10.55 Statutes, section 97A.075, subdivision 10.56 3. 10.57 $98,000 the first year and $98,000 the 10.58 second year are available for aquatic 11.1 plant restoration. 11.2 $3,907,000 the first year and 11.3 $3,907,000 the second year are from the 11.4 heritage enhancement account in the 11.5 game and fish fund for only the 11.6 purposes specified in Minnesota 11.7 Statutes, section 297A.94, paragraph 11.8 (e), clause (1). This appropriation is 11.9 from the revenue deposited to the game 11.10 and fish fund under Minnesota Statutes, 11.11 section 297A.94, paragraph (e), clause 11.12 (1). 11.13 Subd. 8. Wildlife Management 11.14 23,129,000 23,129,000 11.15 Summary by Fund 11.16 General 1,298,000 1,298,000 11.17 Game and Fish 21,831,000 21,831,000 11.18 $565,000 the first year and $565,000 11.19 the second year are for the reinvest in 11.20 Minnesota programs of game and fish, 11.21 critical habitat, and wetlands 11.22 established under Minnesota Statutes, 11.23 section 84.95, subdivision 2. 11.24 $1,430,000 the first year and 11.25 $1,430,000 the second year are from the 11.26 wildlife acquisition surcharge account 11.27 for only the purposes specified in 11.28 Minnesota Statutes, section 97A.071, 11.29 subdivision 2a. 11.30 $1,269,000 the first year and 11.31 $1,269,000 the second year are from the 11.32 deer habitat improvement account for 11.33 only the purposes specified in 11.34 Minnesota Statutes, section 97A.075, 11.35 subdivision 1, paragraph (b). 11.36 $148,000 the first year and $148,000 11.37 the second year are from the deer and 11.38 bear management account for only the 11.39 purposes specified in Minnesota 11.40 Statutes, section 97A.075, subdivision 11.41 1, paragraph (c). 11.42 $708,000 the first year and $708,000 11.43 the second year are from the waterfowl 11.44 habitat improvement account for only 11.45 the purposes specified in Minnesota 11.46 Statutes, section 97A.075, subdivision 11.47 2. 11.48 $546,000 the first year and $546,000 11.49 the second year are from the pheasant 11.50 habitat improvement account for only 11.51 the purposes specified in Minnesota 11.52 Statutes, section 97A.075, subdivision 11.53 4. 11.54 $120,000 the first year and $120,000 11.55 the second year are from the wild 11.56 turkey management account for only the 11.57 purposes specified in Minnesota 11.58 Statutes, section 97A.075, subdivision 12.1 5. Of this amount, $8,000 the first 12.2 year and $8,000 the second year are 12.3 appropriated from the game and fish 12.4 fund for transfer to the wild turkey 12.5 management account for purposes 12.6 specified in Minnesota Statutes, 12.7 section 97A.075, subdivision 5. 12.8 $2,502,000 the first year and 12.9 $2,502,000 the second year are from the 12.10 heritage enhancement account in the 12.11 game and fish fund for only the 12.12 purposes specified in Minnesota 12.13 Statutes, section 297A.94, paragraph 12.14 (e), clause (1). This appropriation is 12.15 from the revenue deposited to the game 12.16 and fish fund under Minnesota Statutes, 12.17 section 297A.94, paragraph (e), clause 12.18 (1). 12.19 Subd. 9. Ecological Services 12.20 8,759,000 8,858,000 12.21 Summary by Fund 12.22 General 3,086,000 3,086,000 12.23 Natural Resources 2,572,000 2,632,000 12.24 Game and Fish 3,101,000 3,140,000 12.25 $1,028,000 the first year and 12.26 $1,028,000 the second year are from the 12.27 nongame wildlife management account in 12.28 the natural resources fund for the 12.29 purpose of nongame wildlife management. 12.30 $224,000 the first year and $224,000 12.31 the second year are for population and 12.32 habitat objectives of the nongame 12.33 wildlife management program. 12.34 $477,000 the first year and $477,000 12.35 the second year are for the reinvest in 12.36 Minnesota programs of game and fish, 12.37 critical habitat, and wetlands 12.38 established under Minnesota Statutes, 12.39 section 84.95, subdivision 2. 12.40 $1,235,000 the first year and 12.41 $1,235,000 the second year are from the 12.42 heritage enhancement account in the 12.43 game and fish fund for only the 12.44 purposes specified in Minnesota 12.45 Statutes, section 297A.94, paragraph 12.46 (e), clause (1). This appropriation is 12.47 from the revenue deposited to the game 12.48 and fish fund under Minnesota Statutes, 12.49 section 297A.94, paragraph (e), clause 12.50 (1). 12.51 Subd. 10. Enforcement 12.52 24,737,000 24,852,000 12.53 Summary by Fund 12.54 General 2,878,000 2,878,000 12.55 Natural Resources 5,361,000 5,361,000 13.1 Game and Fish 16,398,000 16,513,000 13.2 Remediation 100,000 100,000 13.3 $1,082,000 the first year and 13.4 $1,082,000 the second year are from the 13.5 water recreation account in the natural 13.6 resources fund for grants to counties 13.7 for boat and water safety. 13.8 $100,000 the first year and $100,000 13.9 the second year are from the 13.10 remediation fund for solid waste 13.11 enforcement activities under Minnesota 13.12 Statutes, section 116.073. 13.13 $315,000 the first year and $315,000 13.14 the second year are from the snowmobile 13.15 trails and enforcement account in the 13.16 natural resources fund for grants to 13.17 local law enforcement agencies for 13.18 snowmobile enforcement activities. 13.19 $1,137,000 the first year and 13.20 $1,137,000 the second year are from the 13.21 heritage enhancement account in the 13.22 game and fish fund for only the 13.23 purposes specified in Minnesota 13.24 Statutes, section 297A.94, paragraph 13.25 (e), clause (1). This appropriation is 13.26 from the revenue deposited to the game 13.27 and fish fund under Minnesota Statutes, 13.28 section 297A.94, paragraph (e), clause 13.29 (1). 13.30 Subd. 11. Operations Support 13.31 24,523,000 24,534,000 13.32 Summary by Fund 13.33 General 12,426,000 12,426,000 13.34 Natural Resources 4,010,000 4,010,000 13.35 Game and Fish 8,087,000 8,098,000 13.36 $189,000 the first year and $189,000 13.37 the second year are for technical 13.38 assistance and grants to assist local 13.39 government units and organizations in 13.40 the metropolitan area to acquire and 13.41 develop natural areas and greenways. 13.42 $375,000 the first year and $375,000 13.43 the second year are for the community 13.44 assistance program to provide for 13.45 technical assistance and regional 13.46 resource enhancement grants. 13.47 $240,000 the first year and $240,000 13.48 the second year are from the natural 13.49 resources fund for grants to be divided 13.50 equally between the city of St. Paul 13.51 for the Como Zoo and Conservatory and 13.52 the city of Duluth Zoo. This 13.53 appropriation is from the revenue 13.54 deposited to the natural resources fund 13.55 under Minnesota Statutes, section 13.56 297A.94, paragraph (e), clause (5). 14.1 Sec. 6. BOARD OF WATER 14.2 AND SOIL RESOURCES 13,762,000 13,761,000 14.3 Summary by Fund 14.4 General 13,762,000 13,761,000 14.5 $2,602,000 the first year and 14.6 $2,602,000 the second year are for 14.7 natural resources block grants to local 14.8 governments. 14.9 The board shall reduce the amount of 14.10 the natural resources block grant to a 14.11 county by an amount equal to any 14.12 reduction in the county's general 14.13 services allocation to a soil and water 14.14 conservation district from the county's 14.15 previous year allocation. 14.16 $3,566,000 the first year and 14.17 $3,566,000 the second year are for 14.18 grants to soil and water conservation 14.19 districts for general purposes, 14.20 nonpoint engineering, and 14.21 implementation of the Reinvest in 14.22 Minnesota conservation reserve 14.23 program. Upon approval of the board, 14.24 expenditures may be made from these 14.25 appropriations for supplies and 14.26 services benefiting soil and water 14.27 conservation districts. 14.28 $3,320,000 the first year and 14.29 $3,320,000 the second year are for 14.30 grants to soil and water conservation 14.31 districts for cost-sharing contracts 14.32 for erosion control and water quality 14.33 management. Of this amount, at least 14.34 $1,500,000 the first year and 14.35 $1,500,000 the second year are for 14.36 grants for cost-sharing contracts for 14.37 water quality management on feedlots. 14.38 Any unencumbered balance in the board's 14.39 program of grants does not cancel at 14.40 the end of the first year and is 14.41 available for the second year for the 14.42 same grant program. 14.43 Sec. 7. SCIENCE MUSEUM 14.44 OF MINNESOTA 618,000 -0- 14.45 Sec. 8. DEPARTMENT OF AGRICULTURE 14.46 Subdivision 1. Total 14.47 Appropriation 36,291,000 35,112,000 14.48 Summary by Fund 14.49 General 35,938,000 34,759,000 14.50 Environmental 353,000 353,000 14.51 The amounts that may be spent from this 14.52 appropriation for each program are 14.53 specified in the following subdivision. 14.54 Subd. 2. Protection Services 14.55 9,138,000 9,138,000 15.1 Summary by Fund 15.2 General 8,785,000 8,785,000 15.3 Environmental 353,000 353,000 15.4 $353,000 the first year and $353,000 15.5 the second year are from the 15.6 environmental fund for administrative 15.7 funding for the voluntary cleanup 15.8 program. 15.9 Subd. 3. Agricultural Marketing 15.10 and Development 15.11 5,209,000 5,209,000 15.12 $71,000 the first year and $71,000 the 15.13 second year are for transfer to the 15.14 Minnesota grown matching account and 15.15 may be used as grants for Minnesota 15.16 grown promotion under Minnesota 15.17 Statutes, section 17.109. Grants may 15.18 be made for one year. Notwithstanding 15.19 Minnesota Statutes, section 16A.28, the 15.20 appropriations encumbered under 15.21 contract on or before June 30, 2005, 15.22 for Minnesota grown grants in this 15.23 subdivision are available until June 15.24 30, 2007. 15.25 $80,000 the first year and $80,000 the 15.26 second year are for grants to farmers 15.27 for demonstration projects involving 15.28 sustainable agriculture as authorized 15.29 in Minnesota Statutes, section 17.116. 15.30 Of the amount for grants, up to $20,000 15.31 may be used for dissemination of 15.32 information about the demonstration 15.33 projects. Notwithstanding Minnesota 15.34 Statutes, section 16A.28, the 15.35 appropriations encumbered under 15.36 contract on or before June 30, 2005, 15.37 for sustainable agriculture grants in 15.38 this subdivision are available until 15.39 June 30, 2007. 15.40 Subd. 4. Ethanol Development 15.41 17,663,000 16,484,000 15.42 The total payments from the ethanol 15.43 development account to all producers 15.44 may not exceed $17,663,000 for fiscal 15.45 year 2004 and $16,484,000 for fiscal 15.46 year 2005. If the total amount for 15.47 which all producers are eligible in a 15.48 quarter exceeds the amount available 15.49 for payments, the commissioner shall 15.50 make the payments on a pro rata basis. 15.51 Subd. 5. Administration and 15.52 Financial Assistance 15.53 4,281,000 4,281,000 15.54 $805,000 the first year and $805,000 15.55 the second year are for continuation of 15.56 the dairy development and profitability 15.57 enhancement and dairy business planning 15.58 grant programs established under Laws 16.1 1997, chapter 216, section 7, 16.2 subdivision 2 and Laws 2001, First 16.3 Special Session chapter 2, section 9, 16.4 subdivision 2. The commissioner may 16.5 allocate the available sums among 16.6 permissible activities, including 16.7 efforts to improve the quality of milk 16.8 produced in the state, in the 16.9 proportions which the commissioner 16.10 deems most beneficial to Minnesota's 16.11 dairy farmers. The commissioner must 16.12 submit a work plan detailing plans for 16.13 expenditures under this program to the 16.14 chairs of the house and senate 16.15 committees dealing with agricultural 16.16 policy and budget on or before the 16.17 start of each fiscal year. If 16.18 significant changes are made to the 16.19 plans in the course of the year, the 16.20 commissioner must notify the chairs. 16.21 $50,000 the first year and $50,000 the 16.22 second year are for the Northern Crops 16.23 Institute. These appropriations may be 16.24 spent to purchase equipment. 16.25 $2,000 the first year and $1,000 the 16.26 second year are for family farm 16.27 security interest payment adjustments. 16.28 If the appropriation for either year is 16.29 insufficient, the appropriation for the 16.30 other year is available for it. No new 16.31 loans may be approved in fiscal year 16.32 2004 or 2005. 16.33 Sec. 9. BOARD OF ANIMAL 16.34 HEALTH 2,403,000 2,403,000 16.35 Sec. 10. AGRICULTURAL UTILIZATION 16.36 RESEARCH INSTITUTE 1,217,000 1,217,000 16.37 Sec. 11. [TRANSFER.] 16.38 The commissioner of the pollution control agency shall 16.39 transfer $5,000,000 before July 30, 2003, and $5,000,000 before 16.40 July 30, 2004, from the unreserved balance of the environmental 16.41 fund to the commissioner of finance for cancellation to the 16.42 general fund. 16.43 Sec. 12. Minnesota Statutes 2002, section 17.4988, is 16.44 amended to read: 16.45 17.4988 [LICENSE AND INSPECTION FEES.] 16.46 Subdivision 1. [REQUIREMENTS FOR ISSUANCE.] A permit or 16.47 license must be issued by the commissioner if the requirements 16.48 of law are met and the license and permit fees specified in this 16.49 section are paid. 16.50 Subd. 2. [AQUATIC FARMING LICENSE.] (a) The annual fee for 16.51 an aquatic farming license is$70$220. 17.1 (b) The aquatic farming license may contain endorsements 17.2 for the rights and privileges of the following licenses under 17.3 the game and fish laws. The endorsement must be made upon 17.4 payment of the license fee prescribed in section 97A.475 for the 17.5 following licenses: 17.6 (1) minnow dealer license; 17.7 (2) minnow retailer license for sale of minnows as bait; 17.8 (3) minnow exporting license; 17.9 (4) aquatic farm vehicle endorsement, which includes a 17.10 minnow dealer vehicle license, a minnow retailer vehicle 17.11 license, an exporting minnow vehicle license, and a fish vendor 17.12 license; 17.13 (5) sucker egg taking license; and 17.14 (6) game fish packers license. 17.15 Subd. 3. [INSPECTION FEES.] The fees for the following 17.16 inspections are: 17.17 (1) initial inspection of each water to be licensed, $50; 17.18 (2) fish health inspection and certification,$20$65 plus 17.19$100$315 per lot thereafter; and 17.20 (3) initial inspection for containment and quarantine 17.21 facility inspections, $50. 17.22 Subd. 4. [AQUARIUM FACILITY.] (a) A person operating a 17.23 commercial aquarium facility must have a commercial aquarium 17.24 facility license issued by the commissioner if the facility 17.25 contains species of aquatic life that are for sale and that are 17.26 present in waters of the state. The commissioner may require an 17.27 aquarium facility license for aquarium facilities importing or 17.28 holding species of aquatic life that are for sale and that are 17.29 not present in Minnesota if those species can survive in waters 17.30 of the state. The fee for an aquarium facility license 17.31 is$19$60. 17.32 (b) Game fish transferred by an aquarium facility must be 17.33 accompanied by a receipt containing the information required on 17.34 a shipping document by section 17.4985, subdivision 3, paragraph 17.35 (b). 17.36 [EFFECTIVE DATE.] This section is effective March 1, 2004. 18.1 Sec. 13. [18.511] [FEE SCHEDULE.] 18.2 Subdivision 1. [ESTABLISHMENT OF FEES.] The commissioner 18.3 shall establish fees sufficient to allow for the administration 18.4 and enforcement of the provisions of this chapter and rules 18.5 adopted under this chapter, including the portion of general 18.6 support costs and statewide indirect costs of the agency 18.7 attributable to that function, with a reserve sufficient for up 18.8 to six months. The commissioner shall review the fee schedule 18.9 annually in consultation with the Minnesota nursery and 18.10 landscape regulatory advisory committee. For the certificate 18.11 year beginning January 1, 2004, the fees are as described in 18.12 this section. 18.13 Subd. 2. [NURSERY STOCK GROWER CERTIFICATE.] (a) A nursery 18.14 stock grower shall pay an annual fee before the commissioner 18.15 issues a nursery stock grower's certificate. The fee is based 18.16 on the area of all acreage on which nursery stock is grown for 18.17 certification as follows: 18.18 (1) less than one-half acre, $150; 18.19 (2) over one-half acre to and including two acres, $200; 18.20 (3) over two acres to and including five acres, $300; 18.21 (4) over five acres to and including ten acres, $350; 18.22 (5) over ten acres to and including 20 acres, $500; 18.23 (6) over 20 acres to and including 40 acres, $650; 18.24 (7) over 40 acres to and including 50 acres, $800; 18.25 (8) over 50 acres to and including 200 acres, $1,100; 18.26 (9) over 200 acres to and including 500 acres, $1,500; and 18.27 (10) over 500 acres, $1,500 plus $2 per acre for each 18.28 additional acre. 18.29 (b) In addition to the fees in paragraph (a), a penalty of 18.30 ten percent of the fee due must be charged for each month that 18.31 the fee is delinquent for any application for renewal not 18.32 received by January 1 of the year following expiration of a 18.33 certificate. 18.34 Subd. 3. [NURSERY STOCK DEALER, CERTIFICATE.] (a) A 18.35 nursery stock dealer shall pay an annual fee to obtain a nursery 18.36 dealer's certificate. The fee shall be based on the dealer's 19.1 gross sales of nursery stock per location during the preceding 19.2 certificate year. A certificate applicant operating for the 19.3 first time shall pay the minimum fee. The fees are per sales 19.4 location as follows: 19.5 (1) gross sales up to $20,000, $150; 19.6 (2) gross sales over $20,000 up to $100,000, $175; 19.7 (3) gross sales over $100,000 up to $250,000, $300; 19.8 (4) gross sales over $250,000 up to $500,000, $425; 19.9 (5) gross sales over $500,000 up to $1,000,000, $550; 19.10 (6) gross sales over $1,000,000 up to $2,000,000, $675; and 19.11 (7) gross sales over $2,000,000, $800. 19.12 (b) In addition to the fees in paragraph (a), a penalty of 19.13 ten percent of the fee due must be charged for each month that 19.14 the fee is delinquent for any application for renewal not 19.15 received by January 1 of the year following expiration of a 19.16 certificate. 19.17 Subd. 4. [REINSPECTION; ADDITIONAL OR OPTIONAL INSPECTION 19.18 FEES.] If a reinspection is required or an additional inspection 19.19 is needed or requested, a fee shall be assessed based on mileage 19.20 and inspection time as follows: 19.21 (1) mileage charge: current Internal Revenue Service 19.22 reimbursement rate; and 19.23 (2) inspection time: $50 per hour. 19.24 Inspection time includes the driving time to and from the 19.25 location in addition to the time spent conducting the inspection. 19.26 Sec. 14. Minnesota Statutes 2002, section 18.525, is 19.27 amended to read: 19.28 18.525 [EXEMPT SALES.] 19.29 Subdivision 1. An organization does not need to obtain a 19.30 nursery stock dealer certificate before offering certified 19.31 nursery stock for sale or distribution if the organization: 19.32 (1) is a nonprofit charitable, educational, or religious 19.33 organization; 19.34 (2) conducts sales or distributions of certified nursery 19.35 stock on 14 or fewer days in a calendar year; and 19.36 (3) uses the proceeds from its certified nursery stock 20.1 sales or distributions for charitable, educational, or religious 20.2 purposes. 20.3 The organization must notify the commissioner, prior to any 20.4 sales or distributions of certified nursery stock and must 20.5 demonstrate to the commissioner, if requested, that such sales 20.6 or distributions will be conducted on 14 or fewer days in the 20.7 calendar year, as provided in clause (2). 20.8 Subd. 2. [HOBBYIST SALES.] (a) An organization or 20.9 individual may offer for sale certified nursery stock and is 20.10 exempt from the requirement to obtain a nursery stock dealer 20.11 certificate when all the following conditions apply: 20.12 (1) the gross sales of all nursery stock sold in a calendar 20.13 year do not exceed $1,000; 20.14 (2) all nursery stock sold or distributed by the hobbyist 20.15 is intended for planting in Minnesota; and 20.16 (3) all nursery stock purchased or procured for resale or 20.17 distribution was grown in Minnesota and has been certified by 20.18 the commissioner of agriculture. 20.19 (b) The commissioner may prescribe the conditions of the 20.20 certificate-exempt nursery sales and may conduct routine 20.21 inspections of nursery stock offered for sale in these 20.22 circumstances. 20.23 Sec. 15. [18.541] [DISPOSITION AND USE OF MONEY RECEIVED.] 20.24 A nursery program account is established in the 20.25 agricultural fund in the state treasury. All fees collected 20.26 under this chapter and interest attributable to money in the 20.27 account must be deposited in the nursery program account. Money 20.28 in the account, including interest earned, is annually 20.29 appropriated to the commissioner to administer and enforce this 20.30 chapter. 20.31 Sec. 16. [18.611] [EXPORT CERTIFICATION, INSPECTIONS, 20.32 CERTIFICATES, PERMITS, AND FEES.] 20.33 Subdivision 1. [FINDINGS; PURPOSE.] Most foreign countries 20.34 and several states have quarantines, restrictions, or 20.35 phytosanitary requirements, and regulations that must be met 20.36 before a plant or plant product may be imported into their 21.1 country or state. To ensure continued access to foreign and 21.2 domestic markets, the commissioner shall provide inspection and 21.3 certification services to ensure that appropriate phytosanitary 21.4 restrictions or requirements are fully met. 21.5 Subd. 2. [PLANT PROTECTION ACCOUNT.] A plant protection 21.6 account is established in the agricultural fund in the state 21.7 treasury. All fees collected under this section must be 21.8 deposited in the plant protection account. Money in this 21.9 account is appropriated to the commissioner to pay costs 21.10 associated with providing export certification and plant 21.11 protection permits and certificates for Minnesota agricultural 21.12 and plant products. Penalties collected under this section in 21.13 the enforcement of this chapter must be deposited in the plant 21.14 protection account. 21.15 Subd. 3. [COOPERATIVE AGREEMENTS.] The commissioner may 21.16 enter into cooperative agreements with federal and state 21.17 agencies for administration of the export certification 21.18 program. An exporter of plants or plant products desiring to 21.19 originate shipments from Minnesota to a foreign country 21.20 requiring a phytosanitary or export certificate must submit an 21.21 application to the commissioner. 21.22 Subd. 4. [PHYTOSANITARY AND EXPORT 21.23 CERTIFICATES.] Application for phytosanitary or export 21.24 certificates must be made on forms provided or approved by the 21.25 commissioner. The commissioner shall conduct inspections of 21.26 plants, plant products, or facilities for persons that have 21.27 applied for or intend to apply for a phytosanitary or export 21.28 certificate from the commissioner. Inspections must include one 21.29 or more of the following as requested or required: 21.30 (1) an inspection of the plants or plant products intended 21.31 for export under a phytosanitary or export certificate; 21.32 (2) field inspections of growing plants to determine 21.33 presence or absence of plant diseases, if necessary; 21.34 (3) laboratory diagnosis for presence or absence of plant 21.35 diseases, if necessary; 21.36 (4) observation and evaluation of procedures and facilities 22.1 utilized in handling plants and plant products, if necessary; 22.2 and 22.3 (5) review of United States Department of Agriculture, 22.4 Federal Grain Inspection Service Official Export Grain 22.5 Inspection Certificate logs. 22.6 The commissioner may issue a phytosanitary or export 22.7 certificate if the plants or plant products satisfactorily meet 22.8 the requirements of the importing foreign country and the United 22.9 States Department of Agriculture requirements. The requirements 22.10 of the destination countries must be met by the applicant. 22.11 Subd. 5. [CERTIFICATE FEES.] The commissioner shall assess 22.12 the following fees for the inspection, service, and work 22.13 performed in carrying out the issuance of a phytosanitary or 22.14 export certificate: 22.15 (1) mileage charge for inspection: 36.5 cents per mile or 22.16 current United States Internal Revenue Service mileage rate; 22.17 (2) inspection time, including the driving time to and from 22.18 the location in addition to the time spent conducting the 22.19 inspection: $50 per hour minimum or a fee necessary to cover 22.20 department costs; 22.21 (3) certificate fee for product value greater than $250: 22.22 $75 for each phytosanitary or export certificate issued for any 22.23 single shipment valued at more than $250 in addition to any 22.24 mileage or inspection time charges that are assessed; and 22.25 (4) certificate fee for product value less than $250: $25 22.26 for each phytosanitary or export certificate issued for any 22.27 single shipment valued at less than $250 in addition to any 22.28 mileage or inspection time charges that are assessed. 22.29 Subd. 6. [CERTIFICATE DENIAL OR CANCELLATION.] The 22.30 commissioner may deny or cancel the issuance of a phytosanitary 22.31 or export certificate for any of the following reasons: 22.32 (1) failure of the plants or plant products to meet 22.33 quarantine, regulations, and requirements imposed by the country 22.34 for which the phytosanitary or export certificate is being 22.35 requested; 22.36 (2) failure to completely or accurately provide the 23.1 information requested on the application form; 23.2 (3) failure to ship the exact plants or plant products 23.3 which were inspected and approved; or 23.4 (4) failure to pay any fees or costs due the commissioner. 23.5 Subd. 7. [PLANT PROTECTION INSPECTIONS, CERTIFICATES, 23.6 PERMITS, AND FEES.] (a) The commissioner may provide inspection, 23.7 sampling, or certification services to ensure that Minnesota 23.8 plant products or commodities meet import requirements of other 23.9 states or countries. 23.10 (b) The state plant regulatory official may issue permits 23.11 and certificates verifying that various Minnesota agricultural 23.12 products or commodities meet specified phytosanitary 23.13 requirements, treatment requirements, or pest absence assurances 23.14 based on determinations by the commissioner. The commissioner 23.15 may collect fees sufficient to recover costs for these permits 23.16 or certificates. The fees must be deposited in the plant 23.17 protection account. 23.18 Sec. 17. [18.612] [CREDITING OF PENALTIES, FEES, AND 23.19 COSTS.] 23.20 Penalties, cost reimbursements, fees, and other money 23.21 collected under this chapter must be deposited into the state 23.22 treasury and credited to the appropriate plant protection, 23.23 nursery, or seed account. 23.24 Sec. 18. Minnesota Statutes 2002, section 18.78, is 23.25 amended to read: 23.26 18.78 [CONTROL OR ERADICATION OF NOXIOUS WEEDS.] 23.27 Subdivision 1. [GENERALLY.] Except as provided in section 23.28 18.85, a person owning land, a person occupying land, or a 23.29 person responsible for the maintenance of public land shall 23.30 control or eradicate all noxious weeds on the land at a time and 23.31 in a manner ordered bythe commissioner,the county agricultural 23.32 inspector,or a local weed inspector. 23.33 Subd. 2. [CONTROL OF PURPLE LOOSESTRIFE.] An owner of 23.34 nonfederal lands underlying public waters or wetlands designated 23.35 under section 103G.201 is not required to control or eradicate 23.36 purple loosestrife below the ordinary high water level of the 24.1 public water or wetland. The commissioner of natural resources 24.2 is responsible for control and eradication of purple loosestrife 24.3 on public waters and wetlands designated under section 103G.201, 24.4 except those located upon lands owned in fee title or managed by 24.5 the United States. The officers, employees, agents, and 24.6 contractors of the commissioner of natural resources may enter 24.7 upon public waters and wetlands designated under section 24.8 103G.201 and, after providing notification to the occupant or 24.9 owner of the land, may cross adjacent lands as necessary for the 24.10 purpose of investigating purple loosestrife infestations, 24.11 formulating methods of eradication, and implementing control and 24.12 eradication of purple loosestrife. The commissioner, after24.13consultation with the commissioner of agriculture,of natural 24.14 resources shall, by June 1 of each year, compile a priority list 24.15 of purple loosestrife infestations to be controlled in 24.16 designated public waters. The commissioner ofagriculture24.17 natural resources must distribute the list to county 24.18 agricultural inspectors, local weed inspectors, and their 24.19 appointed agents. The commissioner of natural resources shall 24.20 control listed purple loosestrife infestations in priority order 24.21 within the limits of appropriations provided for that purpose. 24.22 This procedure shall be the exclusive means for control of 24.23 purple loosestrife on designated public waters by the 24.24 commissioner of natural resources and shall supersede the other 24.25 provisions for control of noxious weeds set forth elsewhere in 24.26 this chapter. The responsibility of the commissioner of natural 24.27 resources to control and eradicate purple loosestrife on public 24.28 waters and wetlands located on private lands and the authority 24.29 to enter upon private lands ends ten days after receipt by the 24.30 commissioner of a written statement from the landowner that the 24.31 landowner assumes all responsibility for control and eradication 24.32 of purple loosestrife under sections 18.78 to 18.88. State 24.33 officers, employees, agents, and contractors of the commissioner 24.34 of natural resources are not liable in a civil action for 24.35 trespass committed in the discharge of their duties under this 24.36 section and are not liable to anyone for damages, except for 25.1 damages arising from gross negligence. 25.2 Sec. 19. Minnesota Statutes 2002, section 18.79, 25.3 subdivision 2, is amended to read: 25.4 Subd. 2. [AUTHORIZED AGENTS.]The commissioner shall25.5authorize department of agriculture personnel and may authorize,25.6in writing,County agricultural inspectorsto act as agents in25.7the administration and enforcement ofshall administer and 25.8 enforce sections 18.76 to 18.88. 25.9 Sec. 20. Minnesota Statutes 2002, section 18.79, 25.10 subdivision 3, is amended to read: 25.11 Subd. 3. [ENTRY UPON LAND.] To administer and enforce 25.12 sections 18.76 to 18.88,the commissioner, authorized agents of25.13the commissioner,county agricultural inspectors,and local weed 25.14 inspectors may enter upon land without consent of the owner and 25.15 without being subject to an action for trespass or any damages. 25.16 Sec. 21. Minnesota Statutes 2002, section 18.79, 25.17 subdivision 5, is amended to read: 25.18 Subd. 5. [ORDER FOR CONTROL OR ERADICATION OF NOXIOUS 25.19 WEEDS.]The commissioner,A county agricultural inspector,or a 25.20 local weed inspector may order the control or eradication of 25.21 noxious weeds on any land within the state. 25.22 Sec. 22. Minnesota Statutes 2002, section 18.79, 25.23 subdivision 6, is amended to read: 25.24 Subd. 6. [EDUCATIONAL PROGRAMS FOR CONTROL OR ERADICATION 25.25 OF NOXIOUS WEEDS.]The commissioner shall conduct education25.26programs considered necessary for weed inspectors in the25.27enforcement of the Noxious Weed Law.The director of the 25.28 Minnesota extension service may conduct educational programs for 25.29 the general public that will aid compliance with the noxious 25.30 weed law. 25.31 Sec. 23. Minnesota Statutes 2002, section 18.79, 25.32 subdivision 9, is amended to read: 25.33 Subd. 9. [INJUNCTION.] If thecommissionercounty 25.34 agricultural inspector applies to a court for a temporary or 25.35 permanent injunction restraining a person from violating or 25.36 continuing to violate sections 18.76 to 18.88, the injunction 26.1 may be issued without requiring a bond. 26.2 Sec. 24. Minnesota Statutes 2002, section 18.79, 26.3 subdivision 10, is amended to read: 26.4 Subd. 10. [PROSECUTION.] On finding that a person has 26.5 violated sections 18.76 to 18.88, thecommissionercounty 26.6 agricultural inspector may start court proceedings in the 26.7 locality in which the violation occurred. The county attorney 26.8 may prosecute actions under sections 18.76 to 18.88 within the 26.9 county attorney's jurisdiction. 26.10 Sec. 25. Minnesota Statutes 2002, section 18.79, 26.11 subdivision 11, is amended to read: 26.12 Subd. 11. [QUARANTINE.] Thecommissionercounty 26.13 agricultural inspector may establish a noxious weed quarantine 26.14 according to section 18.85 and may hire additional employees and 26.15 purchase the necessary equipment, supplies, or services to 26.16 properly carry out the eradication of noxious weeds on 26.17 quarantined land. 26.18 Sec. 26. Minnesota Statutes 2002, section 18.81, 26.19 subdivision 2, is amended to read: 26.20 Subd. 2. [LOCAL WEED INSPECTORS.] Local weed inspectors 26.21 shall: 26.22 (1) examine all lands, including highways, roads, alleys, 26.23 and public ground in the territory over which their jurisdiction 26.24 extends to ascertain if section 18.78 and related rules have 26.25 been complied with; 26.26 (2) see that the control or eradication of noxious weeds is 26.27 carried out in accordance with section 18.83 and related 26.28 rules; and 26.29 (3) issue permits in accordance with section 18.82 and 26.30 related rules for the transportation of materials or equipment 26.31 infested with noxious weed propagating parts; and26.32(4) submit reports and attend meetings that the26.33commissioner requires. 26.34 Sec. 27. Minnesota Statutes 2002, section 18.81, 26.35 subdivision 3, is amended to read: 26.36 Subd. 3. [NONPERFORMANCE BY INSPECTORS; REIMBURSEMENT FOR 27.1 EXPENSES.](a)If local weed inspectors neglect or fail to do 27.2 their duty as prescribed in this section, thecommissioner27.3 county agricultural inspector shall issue a notice to the 27.4 inspector providing instructions on how and when to do their 27.5 duty. If, after the time allowed in the notice, the local weed 27.6 inspector has not complied as directed, the county agricultural 27.7 inspector may perform the duty for the local weed inspector. A 27.8 claim for the expense of doing the local weed inspector's duty 27.9 is a legal charge against the municipality in which the 27.10 inspector has jurisdiction. The county agricultural inspector 27.11 doing the work may file an itemized statement of costs with the 27.12 clerk of the municipality in which the work was performed. The 27.13 municipality shall immediately issue proper warrants to the 27.14 county for the work performed. If the municipality fails to 27.15 issue the warrants, the county auditor may include the amount 27.16 contained in the itemized statement of costs as part of the next 27.17 annual tax levy in the municipality and withhold that amount 27.18 from the municipality in making its next apportionment. 27.19(b) If a county agricultural inspector fails to perform the27.20duties as prescribed in this section, the commissioner shall27.21issue a notice to the inspector providing instructions on how27.22and when to do that duty.27.23(c) The commissioner shall by rule establish procedures to27.24 [EFFECTIVE DATE.] This section is effective March 1, 2004. 27.25carry out the enforcement actions for nonperformance required by27.26this subdivision.27.27 Sec. 28. Minnesota Statutes 2002, section 18.84, 27.28 subdivision 3, is amended to read: 27.29 Subd. 3. [COURT APPEAL OF COSTS; PETITION.] (a) A 27.30 landowner who has appealed the cost of noxious weed control 27.31 measures under subdivision 2 may petition for judicial review. 27.32 The petition must be filed within 30 days after the conclusion 27.33 of the hearing before the county board. The petition must be 27.34 filed with the court administrator in the county in which the 27.35 land where the noxious weed control measures were undertaken is 27.36 located, together with proof of service of a copy of the 28.1 petition onthe commissioner andthe county auditor. No 28.2 responsive pleadings may be required ofthe commissioner or the28.3 county, and no court fees may be charged for the appearance of 28.4the commissioner orthe county in this matter. 28.5 (b) The petition must be captioned in the name of the 28.6 person making the petition as petitioner andthe commissioner of28.7agriculture andrespective county as respondents. The petition 28.8 must include the petitioner's name, the legal description of the 28.9 land involved, a copy of the notice to control noxious weeds, 28.10 and the date or dates on which appealed control measures were 28.11 undertaken. 28.12 (c) The petition must state with specificity the grounds 28.13 upon which the petitioner seeks to avoid the imposition of a 28.14 lien for the cost of noxious weed control measures. 28.15 Sec. 29. Minnesota Statutes 2002, section 18.85, is 28.16 amended to read: 28.17 18.85 [NOXIOUS WEED QUARANTINE.] 28.18 Subdivision 1. [NEED FOR QUARANTINE.] If there is an 28.19 infestation of noxious weeds beyond the ability of the person 28.20 who owns or occupies the land to eradicate it, thecommissioner28.21 county agricultural inspector may, upon request of the person 28.22 who owns the land or on thecommissioner'scounty agricultural 28.23 inspector's own initiative, take necessary steps to prevent the 28.24 further spread of the weed. To this end, thecommissioner28.25 county agricultural inspector may quarantine a tract of land 28.26 that is infested and put into operation the necessary means for 28.27 the eradication of the weed; provided that the county board and 28.28 municipality in which the land is located must approve of the 28.29 quarantine before it can be initiated. 28.30 Subd. 2. [NOTICE OF QUARANTINE.] Thecommissionercounty 28.31 agricultural inspector, upon entering a tract of land for the 28.32 purpose of this section, shall notify in writing the persons who 28.33 own or occupy the land of the entry and quarantine. If the 28.34 necessary means of eradication have been completed, 28.35 thecommissionercounty agricultural inspector shall notify, in 28.36 writing, the persons who own or occupy the land that the 29.1 quarantine effort is complete. 29.2 Subd. 3. [EXPENSES.] The expenses for eradication of 29.3 noxious weeds on quarantined land must be paid by the 29.4commissionercounty from the funds provided for this purpose. 29.5 Counties, municipalities, and owners or occupants must 29.6 reimburse thecommissionercounty before January 1 of each year. 29.7 The county shall pay 20 percent of the expenses, the 29.8 municipality shall pay ten percent, and the owner or occupant 29.9 shall pay ten percent. 29.10 Sec. 30. Minnesota Statutes 2002, section 18.86, is 29.11 amended to read: 29.12 18.86 [UNLAWFUL ACTS.] 29.13 No person may: 29.14 (1) hinder or obstruct in any way thecommissioner, the29.15commissioner's authorized agents,county agricultural 29.16 inspectors,or local weed inspectors in the performance of their 29.17 duties as provided in sections 18.76 to 18.88 or related rules; 29.18 (2) neglect, fail, or refuse to comply with section 18.82 29.19 or related rules in the transportation and use of material or 29.20 equipment infested with noxious weed propagating parts; 29.21 (3) sell material containing noxious weed propagating parts 29.22 to a person who does not have a permit to transport that 29.23 material or to a person who does not have a screenings permit 29.24 issued in accordance with section 21.74; or 29.25 (4) neglect, fail, or refuse to comply with a general 29.26 notice or an individual notice to control or eradicate noxious 29.27 weeds. 29.28 Sec. 31. Minnesota Statutes 2002, section 18B.26, 29.29 subdivision 3, is amended to read: 29.30 Subd. 3. [APPLICATION FEE.] (a) A registrant shall pay an 29.31 annual application fee for each pesticide to be registered, and 29.32 this fee is set at one-tenth of one percent for calendar year 29.33 1990, at one-fifth of one percent for calendar year 1991, and at 29.34 two-fifths of one percent for calendar year 1992 and thereafter 29.35 of annual gross sales within the state and annual gross sales of 29.36 pesticides used in the state, with a minimum nonrefundable fee 30.1 of $250. The registrant shall determine when and which 30.2 pesticides are sold or used in this state. The registrant shall 30.3 secure sufficient sales information of pesticides distributed 30.4 into this state from distributors and dealers, regardless of 30.5 distributor location, to make a determination. Sales of 30.6 pesticides in this state and sales of pesticides for use in this 30.7 state by out-of-state distributors are not exempt and must be 30.8 included in the registrant's annual report, as required under 30.9 paragraph (c), and fees shall be paid by the registrant based 30.10 upon those reported sales. Sales of pesticides in the state for 30.11 use outside of the state are exempt from the application fee in 30.12 this paragraph if the registrant properly documents the sale 30.13 location and distributors. A registrant paying more than the 30.14 minimum fee shall pay the balance due by March 1 based on the 30.15 gross sales of the pesticide by the registrant for the preceding 30.16 calendar year. The fee for disinfectants and sanitizers shall 30.17 be the minimum. The minimum fee is due by December 31 preceding 30.18 the year for which the application for registration is made.Of30.19the amount collected after calendar year 1990, at least $600,00030.20per fiscal year must be credited to the waste pesticide account30.21under section 18B.065, subdivision 5.30.22 (b) An additional fee of $100 must be paid by the applicant 30.23 for each pesticide to be registered if the application is a 30.24 renewal application that is submitted after December 31. 30.25 (c) A registrant must annually report to the commissioner 30.26 the amount and type of each registered pesticide sold, offered 30.27 for sale, or otherwise distributed in the state. The report 30.28 shall be filed by March 1 for the previous year's registration. 30.29 The commissioner shall specify the form of the report and 30.30 require additional information deemed necessary to determine the 30.31 amount and type of pesticides annually distributed in the 30.32 state. The information required shall include the brand name, 30.33 amount, and formulation of each pesticide sold, offered for 30.34 sale, or otherwise distributed in the state, but the information 30.35 collected, if made public, shall be reported in a manner which 30.36 does not identify a specific brand name in the report. 31.1 Sec. 32. Minnesota Statutes 2002, section 21.89, 31.2 subdivision 2, is amended to read: 31.3 Subd. 2. [PERMITS; ISSUANCE AND REVOCATION.] (a) The 31.4 commissioner shall issue a permit to the initial labeler of 31.5 agricultural, vegetable,orflower, and wildflower seeds which 31.6 are sold for use in Minnesota and which conform to and are 31.7 labeled under sections 21.80 to 21.92. The commissioner shall 31.8 issue three categories of permits according to the conditions in 31.9 paragraphs (b) to (d). 31.10 (b) For initial labelers who sell 50,000 pounds or less of 31.11 agricultural seed each calendar year, the commissioner shall 31.12 issue an annual permit for a fee established in section 21.891, 31.13 subdivision 2, paragraph (b). 31.14 (c) For initial labelers who sell vegetable, flower, and 31.15 wildflower seed packed for use in home gardens or household 31.16 plantings, the commissioner shall issue an annual permit for a 31.17 fee established in section 21.891, subdivision 2, paragraph 31.18 (c). The fee amount shall be based upon the gross sales from 31.19 the previous year. 31.20 (d) For initial labelers who sell more than 50,000 pounds 31.21 of agricultural seed each calendar year, the commissioner shall 31.22 issue a permanent permit for an issuance fee established in 31.23 section 21.891, subdivision 2, paragraph (d). In addition, the 31.24 person shall furnish to the commissioner an itemized statement 31.25 of all seeds sold in Minnesota for the periods established by 31.26 the commissioner. This statement shall be delivered, along with 31.27 the payment of the fee, based upon the amount and type of seed 31.28 sold, to the commissioner no later than 30 days after the end of 31.29 each reporting period. Any person holding a permit shall show 31.30 as part of the analysis labels or invoices on all agricultural, 31.31 vegetable, flower, wildflower, tree or shrub seeds all 31.32 information the commissioner requires. The commissioner may 31.33 revoke any permit in the event of failure to comply with 31.34 applicable laws and rules. 31.35 Sec. 33. [21.891] [CHARGES UNDER MINNESOTA SEED LAW.] 31.36 Subdivision 1. [SAMPLING EXPORT SEED.] In accordance with 32.1 section 21.85, subdivision 13, the commissioner shall, if 32.2 requested, sample seed destined for export to other countries. 32.3 The fee for sampling export seed is an hourly rate published 32.4 annually by the commissioner and it shall be an amount 32.5 sufficient to recover the actual costs for the service provided. 32.6 Subd. 2. [SEED FEE PERMITS.] (a) An initial labeler who 32.7 wishes to sell seed in Minnesota must comply with section 21.89, 32.8 subdivisions 1 and 2, and the procedures in this subdivision. 32.9 Each initial labeler who wishes to sell seed in Minnesota must 32.10 apply to the commissioner to obtain a permit. The application 32.11 must contain the name and address of the applicant, the 32.12 application date, and the name and title of the applicant's 32.13 contact person. 32.14 (b) The application for a seed permit covered by section 32.15 21.89, subdivision 2, paragraph (b), must be accompanied by an 32.16 application fee of $50. 32.17 (c) The application for a seed permit covered by section 32.18 21.89, subdivision 2, paragraph (c), must be accompanied by an 32.19 application fee based on the level of annual gross sales as 32.20 follows: 32.21 (1) for gross sales of zero to $25,000, the annual permit 32.22 fee is $50; 32.23 (2) for gross sales of $25,001 to $50,000, the annual 32.24 permit fee is $100; 32.25 (3) for gross sales of $50,001 to $100,000, the annual 32.26 permit fee is $200; 32.27 (4) for gross sales of $100,001 to $250,000, the annual 32.28 permit fee is $500; 32.29 (5) for gross sales of $250,001 to $500,000, the annual 32.30 permit fee is $1,000; and 32.31 (6) for gross sales of $500,001 and above, the annual 32.32 permit fee is $2,000. 32.33 (d) The application for a seed permit covered by section 32.34 21.89, subdivision 2, paragraph (d), must be accompanied by an 32.35 application fee of $50. Initial labelers holding seed fee 32.36 permits covered under this subdivision need not apply for a new 33.1 permit or pay the application fee. Under this permit category, 33.2 the fees for the following kinds of agricultural seed sold 33.3 either in bulk or containers are: 33.4 (1) oats, wheat, barley: 6.3 cents per hundredweight; 33.5 (2) rye, field beans, soybeans, buckwheat, flax: 8.4 cents 33.6 per hundredweight; 33.7 (3) field corn: 29.4 cents per hundredweight; 33.8 (4) forage, lawn and turf grasses, legumes: 49 cents per 33.9 hundredweight; 33.10 (5) sunflower: $1.40 per hundredweight; 33.11 (6) sugar beet: $3.29 per hundredweight; and 33.12 (7) for any agricultural seed not listed in clauses (1) to 33.13 (6), the fee for the crop most closely resembling it in normal 33.14 planting rate applies. 33.15 (e) If, for reasons beyond the control and knowledge of the 33.16 initial labeler, seed is shipped into Minnesota by a person 33.17 other than the initial labeler, the responsibility for the seed 33.18 fees are transferred to the shipper. An application for a 33.19 transfer of this responsibility must be made to the 33.20 commissioner. Upon approval by the commissioner of the 33.21 transfer, the shipper is responsible for payment of the seed 33.22 permit fees. 33.23 (f) Seed permit fees may be included in the cost of the 33.24 seed either as a hidden cost or as a line item cost on each 33.25 invoice for seed sold. To identify the fee on an invoice, the 33.26 words, "Minnesota seed permit fees" must be used. 33.27 (g) All seed fee permit holders must file semiannual 33.28 reports with the commissioner, even if no seed was sold during 33.29 the reporting period. Each semiannual report must be submitted 33.30 within 30 days of the end of each reporting period. The 33.31 reporting periods are October 1 to March 31 and April 1 to 33.32 September 30 of each year or July 1 to December 31, and January 33.33 1 to June 30 of each year. Permit holders may change their 33.34 reporting periods with the approval of the commissioner. 33.35 (h) The holder of a seed fee permit must pay fees on all 33.36 seed for which the permit holder is the initial labeler and 34.1 which are covered by sections 21.80 to 21.92 and sold during the 34.2 reporting period. 34.3 (i) If a seed fee permit holder fails to submit a 34.4 semiannual report and pay the seed fee within 30 days after the 34.5 end of each reporting period, the commissioner shall assess a 34.6 penalty of $100 or eight percent, calculated on an annual basis, 34.7 of the fee due, whichever is greater, but no more than $500 for 34.8 each late semiannual report. A $15 penalty must be charged when 34.9 the semiannual report is late, even if no fee is due for the 34.10 reporting period. Seed fee permits may be revoked for failure 34.11 to comply with this subdivision or the Minnesota seed law. 34.12 Subd. 3. [HYBRID SEED CORN VARIETY REGISTRATION FEE.] In 34.13 accordance with section 21.90, subdivision 2, the fee for the 34.14 registration of each hybrid seed corn variety or blend is $50, 34.15 which must be paid at the time of registration. New hybrid seed 34.16 corn variety registrations received after March 1 and renewed 34.17 registrations of older varieties received after August 1 of each 34.18 year will have an annual registration fee of $75 per variety. 34.19 Subd. 4. [BRAND NAME REGISTRATION FEE.] The fee is $25 for 34.20 each variety registered for sale by brand name. 34.21 Sec. 34. Minnesota Statutes 2002, section 21.90, 34.22 subdivision 2, is amended to read: 34.23 Subd. 2. [FEES.] A record of each new hybrid seed field 34.24 corn variety to be sold in Minnesota shall be registered with 34.25 the commissioner byFebruaryMarch 1 of each year by the 34.26 originator or owner. Records of all other hybrid seed field 34.27 corn varieties sold in Minnesota must be registered with the 34.28 commissioner by August 1 of each year by the originator or 34.29 owner. The commissioner shall establish the annual fee for 34.30 registration for each variety. The record shall include the 34.31 permanent designation of the hybrid as well as the day 34.32 classification and zone of adaptation, as determined under 34.33 subdivision 1, which the originator or owner declares to be the 34.34 zone in which the variety is adapted. In addition, at the time 34.35 of the first registration of a hybrid seed field corn variety, 34.36 the originator or owner shall include a sworn statement that the 35.1 declaration of the zone of adaptation was based on actual field 35.2 trials in that zone and that the field trials substantiate the 35.3 declaration as to the day and zone classifications to which the 35.4 variety is adapted. The name or number used to designate a 35.5 hybrid seed field corn variety in the registration is the only 35.6 name of all seed corn covered by or sold under that registration. 35.7 To assist in defraying the expenses of the Minnesota 35.8 agricultural experiment station in carrying out the provisions 35.9 of this section, there is transferred annually from the seed 35.10 inspection fund to the agricultural experiment station a sum 35.11 which shall at least equal 60 percent of the total revenue from 35.12 all hybrid seed field corn variety registrations. 35.13 Sec. 35. Minnesota Statutes 2002, section 21.901, is 35.14 amended to read: 35.15 21.901 [BRAND NAME REGISTRATION.] 35.16 The owner or originator of a variety of nonhybrid seed that 35.17 is to be sold in this state must annually register the variety 35.18 with the commissioner if the variety is to be sold only under a 35.19 brand name. The registration must include the brand name and 35.20 the variety of seed. The brand name for a blend or mixture need 35.21 not be registered. 35.22The fee is $15 for each variety registered for sale by35.23brand name.35.24 Sec. 36. Minnesota Statutes 2002, section 28A.08, 35.25 subdivision 3, is amended to read: 35.26 Subd. 3. [FEES EFFECTIVE JULY 1,19992003.] 35.27 Penalties 35.28 Type of food handler License Late No 35.29 Fee Renewal License 35.30 Effective 35.31 July 1, 35.32199935.33 2003 35.34 1. Retail food handler 35.35 (a) Having gross sales of only 35.36 prepackaged nonperishable food 36.1 of less than $15,000 for 36.2 the immediately previous 36.3 license or fiscal year and 36.4 filing a statement with the 36.5 commissioner$ 48$ 16$ 2736.6 $ 65 $ 21 $ 43 36.7 (b) Having under $15,000 gross 36.8 sales including food preparation 36.9 or having $15,000 to $50,000 36.10 gross sales for the immediately 36.11 previous license or fiscal year$ 65$ 16$ 2736.12 $ 88 $ 29 $ 58 36.13 (c) Having $50,000 to $250,000 36.14 gross sales for the immediately 36.15 previous license or fiscal year$126$ 37$ 8036.16 $170 $ 56 $112 36.17 (d) Having $250,000 to 36.18 $1,000,000 gross sales for the 36.19 immediately previous license or 36.20 fiscal year$216$ 54$10736.21 $292 $ 96 $193 36.22 (e) Having $1,000,000 to 36.23 $5,000,000 gross sales for the 36.24 immediately previous license or 36.25 fiscal year$601$107$18736.26 $812 $268 $536 36.27 (f) Having $5,000,000 to 36.28 $10,000,000 gross sales for the 36.29 immediately previous license or 36.30 fiscal year$842$161$32136.31 $1,137 $375 $750 36.32 (g) Having over $10,000,000 36.33 gross sales for the immediately 36.34 previous license or fiscal year$962$214$37536.35 $1,300 $429 $858 36.36 2. Wholesale food handler 37.1 (a) Having gross sales or 37.2 service of less than $25,000 37.3 for the immediately previous 37.4 license or fiscal year$ 54$ 16$ 1637.5 $ 73 $ 24 $ 48 37.6 (b) Having $25,000 to 37.7 $250,000 gross sales or 37.8 service for the immediately 37.9 previous license or fiscal year$241$ 54$10737.10 $326 $108 $215 37.11 (c) Having $250,000 to 37.12 $1,000,000 gross sales or 37.13 service from a mobile unit 37.14 without a separate food facility 37.15 for the immediately previous 37.16 license or fiscal year$361$ 80$16137.17 $488 $161 $322 37.18 (d) Having $250,000 to 37.19 $1,000,000 gross sales or 37.20 service not covered under 37.21 paragraph (c) for the immediately 37.22 previous license or fiscal year$480$107$21437.23 $648 $214 $428 37.24 (e) Having $1,000,000 to 37.25 $5,000,000 gross sales or 37.26 service for the immediately 37.27 previous license or fiscal year$601$134$26837.28 $812 $268 $536 37.29 (f) Having over $5,000,000 gross 37.30 sales for the immediately 37.31 previous license or fiscal year$692$161$32137.32 $935 $309 $617 37.33 3. Food broker$120$ 32$ 5437.34 $150 $ 50 $ 99 37.36 4. Wholesale food processor 38.1 or manufacturer 38.2 (a) Having gross sales of less 38.3 than $125,000 for the 38.4 immediately previous license 38.5 or fiscal year$161$ 54$10738.6 $217 $ 72 $143 38.7 (b) Having $125,000 to $250,000 38.8 gross sales for the immediately 38.9 previous license or fiscal year$332$ 80$16138.10 $448 $148 $296 38.12 (c) Having $250,001 to $1,000,000 38.13 gross sales for the immediately 38.14 previous license or fiscal year$480$107$21438.15 $648 $214 $428 38.16 (d) Having $1,000,001 to 38.17 5,000,000 gross sales for the 38.18 immediately previous license or 38.19 fiscal year$601$134$26838.20 $812 $268 $536 38.21 (e) Having $5,000,001 to 38.22 $10,000,000 gross sales for 38.23 the immediately previous 38.24 license or fiscal year$692$161$32138.25 $935 $309 $617 38.26 (f) Having over $10,000,000 38.27 gross sales for the immediately 38.28 previous license or fiscal year$963$214$37538.29 $1,301 $429 $859 38.30 5. Wholesale food processor of 38.31 meat or poultry products 38.32 under supervision of the 38.33 U. S. Department of Agriculture 38.34 (a) Having gross sales of less 38.35 than $125,000 for the 38.36 immediately previous license 39.1 or fiscal year$107$ 27$ 5439.2 $145 $ 48 $ 96 39.3 (b) Having $125,000 to 39.4 $250,000 gross sales for the 39.5 immediately previous license 39.6 or fiscal year$181$ 54$ 8039.7 $245 $ 81 $162 39.8 (c) Having $250,001 to 39.9 $1,000,000 gross sales for the 39.10 immediately previous license 39.11 or fiscal year$271$ 80$13439.12 $366 $121 $242 39.13 (d) Having $1,000,001 to 39.14 $5,000,000 gross sales 39.15 for the immediately previous 39.16 license or fiscal year$332$ 80$16139.17 $448 $148 $296 39.18 (e) Having $5,000,001 to 39.19 $10,000,000 gross sales for 39.20 the immediately previous 39.21 license or fiscal year$392$107$18739.22 $530 $175 $350 39.23 (f) Having over $10,000,000 39.24 gross sales for the immediately 39.25 previous license or fiscal year$535$161$26839.26 $723 $239 $477 39.27 6. Wholesale food processor or 39.28 manufacturer operating only at 39.29 the state fair $125 $ 40 $ 50 39.30 7. Wholesale food manufacturer 39.31 having the permission of the 39.32 commissioner to use the name 39.33 Minnesota Farmstead cheese $ 30 $ 10 $ 15 39.34 8. Nonresident frozen dairy 39.35 manufacturer $200 $ 50 $ 75 39.36 9. Wholesale food manufacturer 40.1 processing less than 700,000 40.2 pounds per year of raw milk $ 30 $ 10 $ 15 40.3 10. A milk marketing organization 40.4 without facilities for 40.5 processing or manufacturing 40.6 that purchases milk from milk 40.7 producers for delivery to a 40.8 licensed wholesale food 40.9 processor or manufacturer $ 50 $ 15 $ 25 40.10 Sec. 37. Minnesota Statutes 2002, section 28A.085, 40.11 subdivision 1, is amended to read: 40.12 Subdivision 1. [VIOLATIONS; PROHIBITED ACTS.] The 40.13 commissioner may charge a reinspection fee for each reinspection 40.14 of a food handler that: 40.15 (1) is found with a major violation of requirements in 40.16 chapter 28, 29, 30, 31, 31A, 32, 33, or 34, or rules adopted 40.17 under one of those chapters; 40.18 (2) is found with a violation of section 31.02, 31.161, or 40.19 31.165, and requires a follow-up inspection after an 40.20 administrative meeting held pursuant to section 31.14; or 40.21 (3) fails to correct equipment and facility deficiencies as 40.22 required in rules adopted under chapter 28, 29, 30, 31, 31A, 32, 40.23 or 34. The first reinspection of a firm with gross food sales 40.24 under $1,000,000 must be assessed at$25$75. The fee for a 40.25 firm with gross food sales over $1,000,000 is$50$100. The fee 40.26 for a subsequent reinspection of a firm for the same violation 40.27 is 50 percent of their current license fee or $200, whichever is 40.28 greater. The establishment must be issued written notice of 40.29 violations with a reasonable date for compliance listed on the 40.30 notice. An initial inspection relating to a complaint is not a 40.31 reinspection. 40.32 Sec. 38. Minnesota Statutes 2002, section 28A.09, 40.33 subdivision 1, is amended to read: 40.34 Subdivision 1. [ANNUAL FEE; EXCEPTIONS.] Every 40.35 coin-operated food vending machine is subject to an annual state 40.36 inspection fee of$15$25 for each nonexempt machine except nut 41.1 vending machines which are subject to an annual state inspection 41.2 fee of$5$10 for each machine, provided that: 41.3 (a) Food vending machines may be inspected by either a home 41.4 rule charter or statutory city, or a county, but not both, and 41.5 if inspected by a home rule charter or statutory city, or a 41.6 county they shall not be subject to the state inspection fee, 41.7 but the home rule charter or statutory city, or the county may 41.8 impose an inspection or license fee of no more than the state 41.9 inspection fee. A home rule charter or statutory city or county 41.10 that does not inspect food vending machines shall not impose a 41.11 food vending machine inspection or license fee. 41.12 (b) Vending machines dispensing only gum balls, hard candy, 41.13 unsorted candy, or ice manufactured and packaged by another 41.14 shall be exempt from the state inspection fee, but may be 41.15 inspected by the state. A home rule charter or statutory city 41.16 may impose by ordinance an inspection or license fee of no more 41.17 than the state inspection fee for nonexempt machines on the 41.18 vending machines described in this paragraph. A county may 41.19 impose by ordinance an inspection or license fee of no more than 41.20 the state inspection fee for nonexempt machines on the vending 41.21 machines described in this paragraph which are not located in a 41.22 home rule charter or statutory city. 41.23 (c) Vending machines dispensing only bottled or canned soft 41.24 drinks are exempt from the state, home rule charter or statutory 41.25 city, and county inspection fees, but may be inspected by the 41.26 commissioner or the commissioner's designee. 41.27 Sec. 39. Minnesota Statutes 2002, section 32.394, 41.28 subdivision 8, is amended to read: 41.29 Subd. 8. [GRADE A INSPECTION FEES.] A processor or 41.30 marketing organization of milk, milk products, sheep milk, or 41.31 goat milk who wishes to market Grade A milk or use the Grade A 41.32 label must apply for Grade A inspection service from the 41.33 commissioner. A pasteurization plant requesting Grade A 41.34 inspection service must hold a Grade A permit and pay an annual 41.35 inspection fee of no more than $500. For Grade A farm 41.36 inspection service, the fee must be no more than $50 per farm, 42.1 paid annually by the processor or by the marketing organization 42.2 on behalf of its patrons. For a farm requiring a reinspection 42.3 in addition to the required biannual inspections, an additional 42.4 fee ofno more than $25$45 per reinspection must be paid by the 42.5 processor or by the marketing organization on behalf of its 42.6 patrons.The Grade A farm inspection fee must not exceed the42.7lesser of (1) 40 percent of the department's actual average cost42.8per farm inspection or reinspection; or (2) the dollar limits42.9set in this subdivision. No fee increase may be implemented42.10until after the commissioner has held three or more public42.11hearings.42.12 Sec. 40. Minnesota Statutes 2002, section 32.394, 42.13 subdivision 8b, is amended to read: 42.14 Subd. 8b. [MANUFACTURING GRADE FARM CERTIFICATION.] A 42.15 processor or marketing organization of milk, milk products, 42.16 sheep milk, or goat milk who wishes to market other than Grade A 42.17 milk must apply for a manufacturing grade farm certification 42.18 inspection from the commissioner. A manufacturing plant that 42.19 pasteurizes milk or milk by-products must pay an annual fee 42.20 based on the number of pasteurization units. This fee must not 42.21 exceed $140 per unit. The fee for farm certification inspection 42.22 must not be more than $25 per farm to be paid annually by the 42.23 processor or by the marketing organization on behalf of its 42.24 patrons. For a farm requiring more than the one inspection for 42.25 certification, a reinspection fee ofno more than $25$45 must 42.26 be paid by the processor or by the marketing organization on 42.27 behalf of its patrons.The fee must be set by the commissioner42.28in an amount necessary to cover 40 percent of the department's42.29actual cost of providing the annual inspection but must not42.30exceed the limits in this subdivision. No fee increase may be42.31implemented until after the commissioner has held three or more42.32public hearings.42.33 Sec. 41. Minnesota Statutes 2002, section 32.394, 42.34 subdivision 8d, is amended to read: 42.35 Subd. 8d. [PROCESSOR ASSESSMENT.] (a) A manufacturer shall 42.36 pay to the commissioner a fee for fluid milk processed and milk 43.1 used in the manufacture of fluid milk products sold for retail 43.2 sale in Minnesota. Beginning May 1, 1993, the fee is six cents43.3per hundredweight. If the commissioner determines that a43.4different fee,in an amount not less than five cents and not 43.5 more than nine cents per hundredweight, when combined with43.6general fund appropriations and fees charged under sections43.731.39 and 32.394, subdivision 8, is needed to provide adequate43.8funding for the Grades A and B inspection programs and the43.9administration and enforcement of Laws 1993, chapter 65, the43.10commissioner may, by rule, change the fee on processors within43.11the range provided within this subdivisionas set by the 43.12 commissioner's order. 43.13 (b) Processors must report quantities of milk processed 43.14 under paragraph (a) on forms provided by the commissioner. 43.15 Processor fees must be paid monthly. The commissioner may 43.16 require the production of records as necessary to determine 43.17 compliance with this subdivision. 43.18 (c) The commissioner may create within the department a 43.19 dairy consulting program to provide assistance to dairy 43.20 producers who are experiencing problems meeting the sanitation 43.21 and quality requirements of the dairy laws and rules. 43.22 The commissioner may use money appropriated from the dairy 43.23 services account created in subdivision 9 to pay for the program 43.24 authorized in this paragraph. 43.25 Sec. 42. Minnesota Statutes 2002, section 35.02, 43.26 subdivision 1, is amended to read: 43.27 Subdivision 1. [MEMBERS; OFFICERS.] The board of animal 43.28 health is established within the department of agriculture. The 43.29 board has five members appointed by the governor with the advice 43.30 and consent of the senate, three of whom are producers of 43.31 livestock in the state, and two of whom are practicing 43.32 veterinarians licensed in Minnesota. The dean of the college of 43.33 veterinary medicine of the University of Minnesota may serve as 43.34 consultant to the board without vote. Appointments to fill 43.35 unexpired terms must be made from the classes to which the 43.36 retiring members belong. The board shall elect a president and 44.1 a vice-president from among its membersand. The commissioner 44.2 of agriculture, after consulting with the board, must appoint a 44.3 veterinarian licensed in Minnesota who is not a member of the 44.4 board to be its executive directorfor a term of one year and44.5until a successor qualifiesand serve as the state veterinarian. 44.6 The board shall set the duties of the director, subject to the 44.7 approval of the commissioner of agriculture. The commissioner 44.8 of agriculture must provide administrative support to the board. 44.9 Sec. 43. Minnesota Statutes 2002, section 37.03, 44.10 subdivision 1, is amended to read: 44.11 Subdivision 1. [MEMBERS.] Members of the state 44.12 agricultural society must be citizens of this state. The 44.13 membership is as follows: 44.14 (a) Three delegates chosen annually by each agricultural 44.15 society or association in the state which maintains an active 44.16 existence,and holds annual fairs, and is entitled to share in44.17the state appropriation under the provisions of section 38.02. 44.18 If one of those societies or associations fails to choose 44.19 delegates, then its president, secretary, and treasurer, by 44.20 virtue of their offices, are its delegates. If two fairs 44.21 receiving state aid are operating in one county, each delegate 44.22 from each society or association is entitled to one-half vote at 44.23 regular or special meetings of the state society. 44.24 (b) One delegate appointed by the county board of each 44.25 county in which no county or district agricultural society 44.26 exists. 44.27 (c) Individuals elected by the society as honorary members 44.28 for having performed eminent services in agriculture, 44.29 horticulture, or related arts and sciences or long and faithful 44.30 service in or benefits to the society. Honorary members must be 44.31 elected by two-thirds vote at any annual meeting. The number of 44.32 honorary members may not exceed the society's membership and 44.33 only one honorary member may be elected annually. Each honorary 44.34 member is entitled to one vote. 44.35 (d) Two elected delegates and the president may represent 44.36 each of the following societies and associations: Red River 45.1 Valley Winter Shows, the Minnesota State Horticultural Society, 45.2 the State Dairyman's Association, the Minnesota Dairy Goat 45.3 Association, the Minnesota Honey Producers Association, Inc., 45.4 the Minnesota Livestock Breeders' Association, the Minnesota 45.5 Crop Improvement Association, the Minnesota Pork Producers 45.6 Association, the Minnesota Lamb and Wool Producers Association, 45.7 the Minnesota Horse Breeders' Association, the Minnesota 45.8 Veterinary Medical Association, the Minnesota Cattle Breeders' 45.9 Association, the Central Livestock Association, the Minnesota 45.10 State Poultry Association, the Farm Equipment Association, the 45.11 North Central Florist Association, the Minnesota Garden Flower 45.12 Society, the State Fair Exhibitors' Organization, the Minnesota 45.13 Federation of County Fairs, the State Forestry Association, the 45.14 Minnesota Horse Council, Minnesota Nurserymen's Association, 45.15 Minnesota Apple Growers' Association, State Grange of Minnesota, 45.16 Minnesota Farmers' Union, American Dairy Association of 45.17 Minnesota, and the Minnesota Farm Bureau Federation. 45.18 (e) The following societies and associations are entitled 45.19 to one delegate each: Central Minnesota Vegetable Growers 45.20 Association, the Minnesota Fruit and Vegetable Growers' 45.21 Association, Minnesota Shorthorn Breeders' Association, the 45.22 Minnesota Milking Shorthorn Association, Minnesota Guernsey 45.23 Breeders' Association, Minnesota Jersey Cattle Club, Minnesota 45.24 Holstein Association, Minnesota Hereford Association, Minnesota 45.25 Aberdeen Angus Breeders', Minnesota Red Polled Breeders', 45.26 Minnesota Ayreshire Breeders' Association, Minnesota Brown Swiss 45.27 Association, Minnesota Poland China Breeders' Association, 45.28 Minnesota Duroc Breeders', Minnesota Chester White Association, 45.29 Minnesota Turkey Growers' Association, Minnesota Gladiolus 45.30 Society, Minnesota Hampshire Association, Minnesota Suffolk 45.31 Association, North American Dairy Sheep Association, and the 45.32 Minnesota Berkshire Association. 45.33 (f) The societies and associations listed in paragraphs (d) 45.34 and (e) must be active and statewide in their scope and 45.35 operation, hold annual meetings, and be incorporated under the 45.36 laws of the state before they are entitled to a delegate. The 46.1 societies and associations must file with the secretary of 46.2 state, on or before December 20, a report showing that the 46.3 society or association has held a regular annual meeting for 46.4 that year, a summary of its financial transactions for the 46.5 current year, and an affidavit of the president and secretary 46.6 that it has a paid-up membership of at least 25. On or before 46.7 December 31, the secretary of state shall certify to the 46.8 secretary of the state agricultural society the names of the 46.9 societies or associations that have complied with these 46.10 provisions. 46.11 (g) If a society or association ceases to exist or 46.12 otherwise fails to comply with the requirements of paragraph 46.13 (f), its membership in the state agricultural society and its 46.14 right to delegates is terminated and it may be replaced by 46.15 another society or association representing the same or similar 46.16 interests and chosen by a majority vote of the members of the 46.17 society at its next annual meeting. 46.18 (h) The members of the board of managers of the state 46.19 agricultural society are members of the society and entitled to 46.20 one vote each. 46.21 Sec. 44. Minnesota Statutes 2002, section 41A.09, 46.22 subdivision 2a, is amended to read: 46.23 Subd. 2a. [DEFINITIONS.] For the purposes of this section, 46.24 the terms defined in this subdivision have the meanings given 46.25 them. 46.26 (a) "Ethanol" means fermentation ethyl alcohol derived from 46.27 agricultural products, including potatoes, cereal, grains, 46.28 cheese whey, and sugar beets; forest products; or other 46.29 renewable resources, including residue and waste generated from 46.30 the production, processing, and marketing of agricultural 46.31 products, forest products, and other renewable resources, that: 46.32 (1) meets all of the specifications in ASTM specification D 46.33 4806-88; and 46.34 (2) is denatured as specified in Code of Federal 46.35 Regulations, title 27, parts 20 and 21. 46.36 (b)"Wet alcohol" means agriculturally derived fermentation47.1ethyl alcohol having a purity of at least 50 percent but less47.2than 99 percent.47.3(c) "Anhydrous alcohol" means fermentation ethyl alcohol47.4derived from agricultural products as described in paragraph47.5 (a),but that does not meet ASTM specifications or is not47.6denatured and is shipped in bond for further processing.47.7(d)"Ethanol plant" means a plant at which ethanol, 47.8 anhydrous alcohol, or wet alcohol is produced. 47.9 Sec. 45. Minnesota Statutes 2002, section 41A.09, 47.10 subdivision 3a, is amended to read: 47.11 Subd. 3a. [PAYMENTS.] (a) The commissioner of agriculture 47.12 shall make cash payments to producers of ethanol, anhydrous47.13alcohol, and wet alcohollocated in the state. These payments47.14shall apply only to ethanol, anhydrous alcohol, and wet alcohol47.15fermented in the state and produced at plantsthat have begun 47.16 production by June 30, 2000. For the purpose of this 47.17 subdivision, an entity that holds a controlling interest in more 47.18 than one ethanol plant is considered a single producer. The 47.19 amount of the payment for each producer's annual production is:47.20(1) except as provided in paragraph (b), for each gallon of 47.21 ethanolor anhydrous alcoholproducedon orbeforeJune 30,47.222000, or ten years after the start of production, whichever is47.23laterOctober 1, 2002,1920 cents per gallon;and for each 47.24 gallon produced after June 30, 2003, until ten years after the 47.25 start of production, ten cents per gallon. Payments for the 47.26 period from October 1, 2002, through June 30, 2003, shall be in 47.27 an amount as determined by the governor under the governor's 47.28 budgetary powers. 47.29(2) for each gallon produced of wet alcohol on or before47.30June 30, 2000, or ten years after the start of production,47.31whichever is later, a payment in cents per gallon calculated by47.32the formula "alcohol purity in percent divided by five," and47.33rounded to the nearest cent per gallon, but not less than 1147.34cents per gallon.47.35The producer payments for anhydrous alcohol and wet alcohol47.36under this section may be paid to either the original producer48.1of anhydrous alcohol or wet alcohol or the secondary processor,48.2at the option of the original producer, but not to both.48.3 No payments shall be made for production that occurs after 48.4 June 30, 2010. 48.5 (b)If the level of production at an ethanol plant48.6increases due to an increase in the production capacity of the48.7plant, the payment under paragraph (a), clause (1), applies to48.8the additional increment of production until ten years after the48.9increased production began. Once a plant's production capacity48.10reaches 15,000,000 gallons per year, no additional increment48.11will qualify for the payment.48.12(c) The commissioner shall make payments to producers of48.13ethanol or wet alcohol in the amount of 1.5 cents for each48.14kilowatt hour of electricity generated using closed-loop biomass48.15in a cogeneration facility at an ethanol plant located in the48.16state. Payments under this paragraph shall be made only for48.17electricity generated at cogeneration facilities that begin48.18operation by June 30, 2000. The payments apply to electricity48.19generated on or before the date ten years after the producer48.20first qualifies for payment under this paragraph. Total48.21payments under this paragraph in any fiscal year may not exceed48.22$750,000. For the purposes of this paragraph:48.23(1) "closed-loop biomass" means any organic material from a48.24plant that is planted for the purpose of being used to generate48.25electricity or for multiple purposes that include being used to48.26generate electricity; and48.27(2) "cogeneration" means the combined generation of:48.28(i) electrical or mechanical power; and48.29(ii) steam or forms of useful energy, such as heat, that48.30are used for industrial, commercial, heating, or cooling48.31purposes.48.32(d) Payments under paragraphs (a) and (b) to all producers48.33may not exceed $35,150,000 in a fiscal year.Total payments 48.34 underparagraphs (a) and (b)this subdivision to a producer in a 48.35 fiscal year may not exceed$2,850,000$1,500,000. 48.36(e)(c) By the last day of October, January, April, and 49.1 July, each producer shall file a claim for payment for ethanol, 49.2 anhydrous alcohol, and wet alcohol production during the 49.3 preceding three calendar months. A producer with more than one 49.4 plant shall file a separate claim for each plant. A producer 49.5 that files a claim under this subdivision shall include a 49.6 statement of the producer's total ethanol, anhydrous alcohol,49.7and wet alcohol production in Minnesota during the quarter49.8covered by the claim, including anhydrous alcohol and wet49.9alcohol produced or received from an outside source. A producer49.10shall file a separate claim for any amount claimed under49.11paragraph (c). For each claim and statement of total ethanol, 49.12 anhydrous alcohol, and wet alcohol production filed under this 49.13 subdivision, the volume of ethanol, anhydrous alcohol, and wet49.14alcohol production or amounts of electricity generated using49.15closed-loop biomassmust be examined by an independent certified 49.16 public accountant in accordance with standards established by 49.17 the American Institute of Certified Public Accountants. 49.18(f)(d) Payments shall be made November 15, February 15, 49.19 May 15, and August 15. A separate payment shall be made for 49.20 each claim filed.Except as provided in paragraph (j),The 49.21 total quarterly payment to a producer under this paragraph,49.22excluding amounts paid under paragraph (c),may not exceed 49.23$750,000$375,000. 49.24(g) If the total amount for which all producers are49.25eligible in a quarter under paragraph (c) exceeds the amount49.26available for payments, the commissioner shall make payments in49.27the order in which the plants covered by the claims began49.28generating electricity using closed-loop biomass.49.29(h) After July 1, 1997, new production capacity is only49.30eligible for payment under this subdivision if the commissioner49.31receives:49.32(1) an application for approval of the new production49.33capacity;49.34(2) an appropriate letter of long-term financial commitment49.35for construction of the new production capacity; and49.36(3) copies of all necessary permits for construction of the50.1new production capacity.50.2The commissioner may approve new production capacity based50.3on the order in which the applications are received.50.4(i) The commissioner may not approve any new production50.5capacity after July 1, 1998, except that a producer with an50.6approved production capacity of at least 12,000,000 gallons per50.7year but less than 15,000,000 gallons per year prior to July 1,50.81998, is approved for 15,000,000 gallons of production capacity.50.9(j) Notwithstanding the quarterly payment limits of50.10paragraph (f), the commissioner shall make an additional payment50.11in the eighth quarter of each fiscal biennium to ethanol50.12producers for the lesser of: (1) 19 cents per gallon of50.13production in the eighth quarter of the biennium that is greater50.14than 3,750,000 gallons; or (2) the total amount of payments lost50.15during the first seven quarters of the biennium due to plant50.16outages, repair, or major maintenance. Total payments to an50.17ethanol producer in a fiscal biennium, including any payment50.18under this paragraph, must not exceed the total amount the50.19producer is eligible to receive based on the producer's approved50.20production capacity. The provisions of this paragraph apply50.21only to production losses that occur in quarters beginning after50.22December 31, 1999.50.23(k) For the purposes of this subdivision "new production50.24capacity" means annual ethanol production capacity that was not50.25allowed under a permit issued by the pollution control agency50.26prior to July 1, 1997, or for which construction did not begin50.27prior to July 1, 1997.50.28 Sec. 46. Minnesota Statutes 2002, section 84.085, 50.29 subdivision 1, is amended to read: 50.30 Subdivision 1. [AUTHORITY.] (a) The commissioner of 50.31 natural resources may accept for and on behalf of the state any 50.32 gift, bequest, devise, or grants of lands or interest in lands 50.33 or personal property of any kind or of money tendered to the 50.34 state for any purpose pertaining to the activities of the 50.35 department or any of its divisions. Any money so received is 50.36 hereby appropriated and dedicated for the purpose for which it 51.1 is granted. Lands and interests in lands so received may be 51.2 sold or exchanged as provided in chapter 94. 51.3 (b) The commissioner of natural resources, on behalf of the 51.4 state, may accept and use grants of money or property from the 51.5 United States or other grantors for conservation purposes not 51.6 inconsistent with the laws of this state. Any money or property 51.7 so received is hereby appropriated and dedicated for the 51.8 purposes for which it is granted, and shall be expended or used 51.9 solely for such purposes in accordance with the federal laws and 51.10 regulations pertaining thereto, subject to applicable state laws 51.11 and rules as to manner of expenditure or use providing that the 51.12 commissioner may make subgrants of any money received to other 51.13 agencies, units of local government, private individuals, 51.14 private organizations, and private nonprofit corporations. 51.15 Appropriate funds and accounts shall be maintained by the 51.16 commissioner of finance to secure compliance with this section. 51.17 (c) The commissioner may accept for and on behalf of the 51.18 permanent school fund a donation of lands, interest in lands, or 51.19 improvements on lands. A donation so received shall become 51.20 state property, be classified as school trust land as defined in 51.21 section 92.025, and be managed consistent with section 127A.31. 51.22 Sec. 47. Minnesota Statutes 2002, section 84.415, is 51.23 amended by adding a subdivision to read: 51.24 Subd. 1a. [UTILITY LICENSES ACROSS STATE LANDS AND 51.25 WATERS.] The commissioner may grant licenses permitting the 51.26 passage of utilities across state land or public waters under 51.27 the commissioner's jurisdiction. For purposes of this section, 51.28 "utilities" include: telephone, electric power, and fiber optic 51.29 lines, cables or conduits, underground or otherwise; and mains 51.30 or pipelines for gas, liquids, or solids in suspension. 51.31 Sec. 48. Minnesota Statutes 2002, section 84.415, is 51.32 amended by adding a subdivision to read: 51.33 Subd. 3a. [APPLICATION; FORM AND FEE.] The applicant must 51.34 complete and submit, in writing or electronically, an 51.35 application on a form provided by the commissioner. The 51.36 applicant shall include a fee of $500 with each application for 52.1 a license, except that if the number of crossings is greater 52.2 than ten, the application fee must be increased by an additional 52.3 $50 per crossing. 52.4 Application fees must not be refunded if the application is 52.5 withdrawn. The application fee must be deposited into the 52.6 general fund. 52.7 Sec. 49. Minnesota Statutes 2002, section 84.415, 52.8 subdivision 4, is amended to read: 52.9 Subd. 4. [ATTORNEY GENERAL, DUTIES; LICENSE FORM.] The 52.10 licenseor permitto be granted shall be in a form to be 52.11 prescribed by the attorney general;, shall describe the location 52.12 of the licenseor permit therebygranted, and shall continue 52.13 until canceled by the commissioner, subject to change or52.14modification as herein provided. The license must: 52.15 (1) provide that the crossing must be designed, 52.16 constructed, and maintained so that the ongoing use is 52.17 compatible with surrounding land uses and does not cause 52.18 significant adverse environmental or natural resource management 52.19 impacts as determined by the commissioner; 52.20 (2) provide that the license reverts to the state in the 52.21 event of nonuse for one year, with the holder required to notify 52.22 the state upon abandonment; and 52.23 (3) include other terms and conditions of use as necessary 52.24 and appropriate under the circumstances. 52.25 Sec. 50. Minnesota Statutes 2002, section 84.415, 52.26 subdivision 5, is amended to read: 52.27 Subd. 5. [FEEFEES.] (a) In addition to the application 52.28 fee, a onetime utility crossing fee must be paid to secure a 52.29 license as follows: 52.30 (1) if the utility license is for a crossing of state land, 52.31 the fee equals the acreage of the occupied corridor times the 52.32 estimated market value as determined by the commissioner. The 52.33 minimum corridor width for the calculation is ten feet; and 52.34 (2) if the utility license is for a crossing of public 52.35 waters, the fee must be determined as follows: 52.36 (i) if the utility is a cable lying on a public waters bed, 53.1 the fee is $100 for the first 100 linear feet, or portion 53.2 thereof, and 50 cents per linear foot for each foot in excess of 53.3 100 linear feet; 53.4 (ii) if the commissioner determines that the crossing will 53.5 have a low impact by not disturbing the public waters bed and 53.6 not resulting in exposed lines suspended over public waters, the 53.7 fee is $100 for the first 100 linear feet, or portion thereof, 53.8 and 25 cents per foot for each foot in excess of 100 linear 53.9 feet; and 53.10 (iii) for all other crossings of public waters, if the 53.11 corridor width is: 53.12 (A) ten feet or less, the fee is $200 for the first 100 53.13 linear feet, or portion thereof, and 50 cents per foot for each 53.14 foot in excess of 100 linear feet; and 53.15 (B) greater than ten feet, the fee is $300 for the first 53.16 100 linear feet, or portion thereof, and 75 cents for each foot 53.17 in excess of 100 linear feet. 53.18 (b) In the event the construction of such lines causes 53.19 damage to timber or other property of the state on or along the 53.20 same, the licenseor permit shallmust also provide for payment 53.21 to the state treasurer ofthean amountthereof as may be53.22 determined by the commissioner. The commissioner may charge for 53.23 costs incurred to investigate damages to the property of the 53.24 state by construction of a utility crossing and for costs 53.25 incurred to investigate a utility crossing that was constructed 53.26 without first applying for the license. This payment must be 53.27 deposited in the general fund. 53.28 (c) All money received undersuchparagraph (a) for 53.29 licensesor permitscrossing state lands shall be credited to 53.30 the fund to which other income or proceeds of sale fromsuchthe 53.31 land would be credited, ifprovision therefor beprovisions were 53.32 made by law, otherwise to the general fund. All money received 53.33 under paragraph (a) for licenses crossing public waters must be 53.34 credited to the permanent school fund. 53.35 Sec. 51. Minnesota Statutes 2002, section 84.415, is 53.36 amended by adding a subdivision to read: 54.1 Subd. 6. [LICENSE MODIFICATION.] Any utility license 54.2 issued before July 1, 2003, and remaining in force may be 54.3 modified by the commissioner of natural resources to conform 54.4 with this section, upon application of the holder of the license. 54.5 Sec. 52. Minnesota Statutes 2002, section 84D.14, is 54.6 amended to read: 54.7 84D.14 [EXEMPTIONS.] 54.8 This chapter does not apply to: 54.9 (1) pathogens and terrestrial arthropodsregulated under54.10sections 18.44 to 18.61; or 54.11 (2) mammals and birds defined by statute as livestock. 54.12 Sec. 53. Minnesota Statutes 2002, section 85.052, 54.13 subdivision 3, is amended to read: 54.14 Subd. 3. [FEE FOR CERTAIN PARKING AND CAMPSITE USE.] (a) 54.15 An individual using spaces in state parks under subdivision 1, 54.16 clause (2), shall be charged daily rates determined and set by 54.17 the commissioner in a manner and amount consistent with the type 54.18 of facility provided for the accommodation of guests in a 54.19 particular park and with similar facilities offered for tourist 54.20 camping and similar use in the area. 54.21 (b) The fee for special parking spurs, campgrounds for 54.22 automobiles, sites for tent camping, and special auto trailer 54.23 coach parking spaces is one-half of the fee set in paragraph (a) 54.24 on Sunday through Thursday of each week for a physically 54.25 handicapped person: 54.26 (1)an individual age 65 or over who is a resident of the54.27state and who furnishes satisfactory proof of age and residence;54.28(2) a physically handicapped personwith a motor vehicle 54.29 that has special plates issued under section 168.021, 54.30 subdivision 1; or 54.31(3) a physically handicapped person(2) who possesses a 54.32 certificate issued under section 169.345, subdivision 3. 54.33 Sec. 54. Minnesota Statutes 2002, section 85.053, 54.34 subdivision 1, is amended to read: 54.35 Subdivision 1. [FORM, ISSUANCE, VALIDITY.] (a) The 54.36 commissioner shall prepare and provide state park permits for 55.1 each calendar year that state a motor vehicle may enter and use 55.2 state parks, state recreation areas, and state waysides over 50 55.3 acres in area. State park permits must be available and placed 55.4 on sale byOctoberJanuary 1 ofthe year precedingthe calendar 55.5 year that the permit is valid. A separate motorcycle permit may 55.6 be prepared and provided by the commissioner. 55.7 (b) An annual state park permit must be affixed when 55.8 purchased and may be used from the time it is affixed for a 55.9 12-month period. State park permits in each category must be 55.10 numbered consecutively for each year of issue. 55.11 (c) State park permits shall be issued by employees of the 55.12 division of parks and recreation as designated by the 55.13 commissioner. State park permits also may be consigned to and 55.14 issued by agents designated by the commissioner who are not 55.15 employees of the division of parks and recreation. All proceeds 55.16 from the sale of permits and all unsold permits consigned to 55.17 agents shall be returned to the commissioner at such times as 55.18 the commissioner may direct, but no later than the end of the 55.19 calendar year for which the permits are effective. No part of 55.20 the permit fee may be retained by an agent. An additional 55.21 charge or fee in an amount to be determined by the commissioner, 55.22 but not to exceed four percent of the price of the permit, may 55.23 be collected and retained by an agent for handling or selling 55.24 the permits. 55.25 [EFFECTIVE DATE.] This section is effective the day 55.26 following final enactment. 55.27 Sec. 55. Minnesota Statutes 2002, section 85A.02, 55.28 subdivision 17, is amended to read: 55.29 Subd. 17. [ADDITIONAL POWERS.] The board may establish a 55.30 schedule of charges for admission to or the use of the Minnesota 55.31 zoological garden or any related facility. Notwithstanding 55.32 section 16A.1283, legislative approval is not required for the 55.33 board to establish a schedule of charges for admission or use of 55.34 the Minnesota zoological garden or related facilities. The 55.35 board shall have a policy admitting elementary school children 55.36 atnoa reduced charge when they are part of an organized school 56.1 activity. The Minnesota zoological garden will offer free 56.2 admission throughout the year to economically disadvantaged 56.3 Minnesota citizens equal to ten percent of the average annual 56.4 attendance. However, the zoo may charge at any time for 56.5 parking, special services, and for admission to special 56.6 facilities for the education, entertainment, or convenience of 56.7 visitors. Notwithstanding section 16C.09, the board may provide 56.8 for the purchase, reproduction, and sale of gifts, souvenirs, 56.9 publications, informational materials, food and beverages, and 56.10 grant concessions for the sale of these items. 56.11 Sec. 56. Minnesota Statutes 2002, section 86B.415, 56.12 subdivision 7, is amended to read: 56.13 Subd. 7. [WATERCRAFT SURCHARGE.] A$5$7 surcharge is 56.14 placed on each watercraft licensed under subdivisions 1 to 5 for 56.15 control, public awareness, law enforcement, monitoring, and 56.16 research of nuisance aquatic exotic species such as zebra 56.17 mussel, purple loosestrife, and Eurasian water milfoil in public 56.18 waters and public wetlands. 56.19 [EFFECTIVE DATE.] This section is effective January 1, 2004. 56.20 Sec. 57. Minnesota Statutes 2002, section 97A.475, 56.21 subdivision 15, is amended to read: 56.22 Subd. 15. [FISHING GUIDES.] The fee for a license to 56.23 operate a charter boat and guide anglers on Lake Superior or the 56.24 St. Louis river estuary is: 56.25 (1) for a resident,$35$110; 56.26 (2) for a nonresident,$140$440; or 56.27 (3) if another state charges a Minnesota resident a fee 56.28 greater than$140$440 for a Lake Superior or St. Louis river 56.29 estuary fishing guide license in that state, the nonresident fee 56.30 for a resident of that state is that greater fee. 56.31 [EFFECTIVE DATE.] This section is effective March 1, 2004. 56.32 Sec. 58. Minnesota Statutes 2002, section 97A.475, 56.33 subdivision 26, is amended to read: 56.34 Subd. 26. [MINNOW DEALERS.] The fees for the following 56.35 licenses are: 56.36 (1) minnow dealer,$100$310; 57.1 (2) minnow dealer's vehicle,$15$47; 57.2 (3) exporting minnow dealer,$350$1,100; and 57.3 (4) exporting minnow dealer's vehicle,$15$47. 57.4 [EFFECTIVE DATE.] This section is effective March 1, 2004. 57.5 Sec. 59. Minnesota Statutes 2002, section 97A.475, 57.6 subdivision 27, is amended to read: 57.7 Subd. 27. [MINNOW RETAILERS.] The fees for the following 57.8 licenses, to be issued to residents and nonresidents, are: 57.9 (1) minnow retailer,$15$47; and 57.10 (2) minnow retailer's vehicle,$15$47. 57.11 [EFFECTIVE DATE.] This section is effective March 1, 2004. 57.12 Sec. 60. Minnesota Statutes 2002, section 97A.475, 57.13 subdivision 28, is amended to read: 57.14 Subd. 28. [NONRESIDENT MINNOW HAULERS.] The fees for the 57.15 following licenses, to be issued to nonresidents, are: 57.16 (1) exporting minnow hauler,$675$2,075; and 57.17 (2) exporting minnow hauler's vehicle,$15$47. 57.18 [EFFECTIVE DATE.] This section is effective March 1, 2004. 57.19 Sec. 61. Minnesota Statutes 2002, section 97A.475, 57.20 subdivision 29, is amended to read: 57.21 Subd. 29. [PRIVATE FISH HATCHERIES.] The fees for the 57.22 following licenses to be issued to residents and nonresidents 57.23 are: 57.24 (1) for a private fish hatchery, with annual sales under 57.25 $200,$35$110; 57.26 (2) for a private fish hatchery, with annual sales of $200 57.27 or more,$70$220; and 57.28 (3) to take sucker eggs from public waters for a private 57.29 fish hatchery,$210$660, plus$4$12.50 for each quart in 57.30 excess of 100 quarts. 57.31 [EFFECTIVE DATE.] This section is effective March 1,2004. 57.32 Sec. 62. Minnesota Statutes 2002, section 97A.475, 57.33 subdivision 30, is amended to read: 57.34 Subd. 30. [COMMERCIAL NETTING OF FISH.] The fees to take 57.35 commercial fish are: 57.36 (1) commercial license fees: 58.1 (i) for residents and nonresidents seining and netting in 58.2 inland waters,$90$280; 58.3 (ii) for residents netting in Lake Superior,$50$160; 58.4 (iii) for residents netting in Lake of the Woods, Rainy, 58.5 Namakan, and Sand Point lakes,$50$160; 58.6 (iv) for residents seining in the Mississippi River from St. 58.7 Anthony Falls to the St. Croix River junction,$50$160; 58.8 (v) for residents seining, netting, and set lining in 58.9 Wisconsin boundary waters from Lake St. Croix to the Iowa 58.10 border,$50$160; and 58.11 (vi) for a resident apprentice license,$25$80; and 58.12 (2) commercial gear fees: 58.13 (i) for each gill net in Lake Superior, Wisconsin boundary 58.14 waters, and Namakan Lake,$3.50$11 per 100 feet of net; 58.15 (ii) for each seine in inland waters, on the Mississippi 58.16 River as described in section 97C.801, subdivision 2, and in 58.17 Wisconsin boundary waters,$7$22 per 100 feet; 58.18 (iii) for each commercial hoop net in inland 58.19 waters,$1.25$4; 58.20 (iv) for each submerged fyke, trap, and hoop net in Lake 58.21 Superior, St. Louis Estuary, Lake of the Woods, and Rainy, 58.22 Namakan, and Sand Point lakes, and for each pound net in Lake 58.23 Superior,$15$47; 58.24 (v) for each stake and pound net in Lake of the 58.25 Woods,$60$190; and 58.26 (vi) for each set line in the Wisconsin boundary waters, 58.27$20$60. 58.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 58.29 Sec. 63. Minnesota Statutes 2002, section 97A.475, 58.30 subdivision 38, is amended to read: 58.31 Subd. 38. [FISH BUYERS.] The fees for licenses to buy fish 58.32 from commercial fishing licensees to be issued residents and 58.33 nonresidents are: 58.34 (1) for Lake Superior fish bought for sale to retailers, 58.35$70$220; 58.36 (2) for Lake Superior fish bought for sale to consumers, 59.1$15$47; 59.2 (3) for Lake of the Woods, Namakan, Sand Point, and Rainy 59.3 Lake fish bought for sale to retailers,$140$440; and 59.4 (4) for Lake of the Woods, Namakan, Sand Point, and Rainy 59.5 Lake fish bought for shipment only on international boundary 59.6 waters,$15$47. 59.7 [EFFECTIVE DATE.] This section is effective March 1, 2004. 59.8 Sec. 64. Minnesota Statutes 2002, section 97A.475, 59.9 subdivision 39, is amended to read: 59.10 Subd. 39. [FISH PACKER.] The fee for a license to prepare 59.11 dressed game fish for transportation or shipment is$20$65. 59.12 [EFFECTIVE DATE.] This section is effective March 1, 2004. 59.13 Sec. 65. Minnesota Statutes 2002, section 97A.475, 59.14 subdivision 40, is amended to read: 59.15 Subd. 40. [FISH VENDORS.] The fee for a license to use a 59.16 motor vehicle to sell fish is$35$110. 59.17 [EFFECTIVE DATE.] This section is effective March 1, 2004. 59.18 Sec. 66. Minnesota Statutes 2002, section 97A.475, 59.19 subdivision 42, is amended to read: 59.20 Subd. 42. [FROG DEALERS.] The fee for the licenses to deal 59.21 in frogs that are to be used for purposes other than bait are: 59.22 (1) for a resident to purchase, possess, and transport 59.23 frogs,$100$310; 59.24 (2) for a nonresident to purchase, possess, and transport 59.25 frogs,$280$875; and 59.26 (3) for a resident to take, possess, transport, and sell 59.27 frogs,$15$47. 59.28 [EFFECTIVE DATE.] This section is effective March 1, 2004. 59.29 Sec. 67. Minnesota Statutes 2002, section 97B.645, 59.30 subdivision 7, is amended to read: 59.31 Subd. 7. [INVESTIGATION OF REPORTED GRAY WOLF TAKINGS.] 59.32 (a) In response to a reported gray wolf taking under subdivision 59.33 3, 5, or 6, the commissioner shall: 59.34 (1) investigate the reported taking; 59.35 (2) collect appropriate written and photographic 59.36 documentation of the circumstances and site of the taking, 60.1 including, but not limited to, documentation of animal husbandry 60.2 practices; 60.3 (3) confiscate salvageable remains of the gray wolf killed; 60.4 and 60.5 (4) dispose of any salvageable gray wolf remains 60.6 confiscated under this subdivision by sale or donation for 60.7 educational purposes. 60.8 (b) The commissioner shall produce monthly reports of 60.9 activities under this subdivision. 60.10 (c) In response to a reported gray wolf taking under 60.11 subdivision 5, the commissioner must notify the county extension 60.12 agent. The county extension agent must recommend what, if any, 60.13 cost-conscious livestock best management practices and nonlethal 60.14 wolf depredation controls are needed to prevent future wolf 60.15 depredation.Any best management practices recommended by the60.16county extension agent must be consistent with the best60.17management practices developed by the commissioner of60.18agriculture under section 3.737, subdivision 5.60.19 Sec. 68. Minnesota Statutes 2002, section 103B.231, 60.20 subdivision 3a, is amended to read: 60.21 Subd. 3a. [PRIORITY SCHEDULE.] (a) The board of water and 60.22 soil resources in consultation with the state review agencies 60.23 and the metropolitan councilshallmay develop a priority 60.24 schedule for the revision of plans required under this chapter. 60.25 (b) The prioritization should be based on but not be 60.26 limited to status of current plan, scheduled revision dates, 60.27 anticipated growth and development, existing and potential 60.28 problems, and regional water quality goals and priorities. 60.29 (c) The schedule will be used by the board of water and 60.30 soil resources in consultation with the state review agencies 60.31 and the metropolitan council to direct watershed management 60.32 organizations of when they will be required to revise their 60.33 plans. 60.34 (d)Upon notification from the board of water and soil60.35resources that a revision of a plan is required, a watershed60.36management organization shall have 24 months from the date of61.1notification to revise and submit a plan for review.61.2(e)In the event that a plan expires prior to notification 61.3 from the board of water and soil resources under this section, 61.4 the existing plan, authorities, and official controls of a 61.5 watershed management organization shall remain in full force and 61.6 effect until a revision is approved. 61.7(f) A one-year extension to submit a revised plan may be61.8granted by the board.61.9(g)(e) Watershed management organizations submitting plans 61.10 and draft plan amendments for review prior to the board's 61.11 priority review schedule, may proceed to adopt and implement the 61.12 plan revisions without formal board approval if the board fails 61.13 to adjust its priority review schedule for plan review, and 61.14 commence its statutory review process within 45 days of 61.15 submittal of the plan revision or amendment. 61.16 Sec. 69. Minnesota Statutes 2002, section 103B.305, 61.17 subdivision 3, is amended to read: 61.18 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 61.19 "Comprehensive local water management plan,"means61.20 "comprehensive water plan," "local water plan," and "local water 61.21 management plan" mean the plan adopted by a county under 61.22 sections 103B.311 and 103B.315. 61.23 Sec. 70. Minnesota Statutes 2002, section 103B.305, is 61.24 amended by adding a subdivision to read: 61.25 Subd. 7a. [PLAN AUTHORITY.] "Plan authority" means those 61.26 local government units coordinating planning under sections 61.27 103B.301 to 103B.335. 61.28 Sec. 71. Minnesota Statutes 2002, section 103B.305, is 61.29 amended by adding a subdivision to read: 61.30 Subd. 7b. [PRIORITY CONCERNS.] "Priority concerns" means 61.31 issues, resources, subwatersheds, or demographic areas that are 61.32 identified as a priority by the plan authority. 61.33 Sec. 72. Minnesota Statutes 2002, section 103B.305, is 61.34 amended by adding a subdivision to read: 61.35 Subd. 7c. [PRIORITY CONCERNS SCOPING DOCUMENT.] "Priority 61.36 concerns scoping document" means the list of the chosen priority 62.1 concerns and a detailed account of how those concerns were 62.2 identified and chosen. 62.3 Sec. 73. Minnesota Statutes 2002, section 103B.305, is 62.4 amended by adding a subdivision to read: 62.5 Subd. 8a. [STATE REVIEW AGENCIES.] "State review agencies" 62.6 means the board of water and soil resources, the department of 62.7 agriculture, the department of health, the department of natural 62.8 resources, the pollution control agency, and other agencies 62.9 granted state review status by a resolution of the board. 62.10 Sec. 74. Minnesota Statutes 2002, section 103B.311, 62.11 subdivision 1, is amended to read: 62.12 Subdivision 1. [COUNTY DUTIES.] Each county is encouraged 62.13 to develop and implement acomprehensivelocal water management 62.14 plan. Each county that develops and implements a plan has the 62.15 duty and authority to: 62.16 (1) prepare and adopt acomprehensivelocal water 62.17 management plan that meets the requirements of this section and 62.18 section 103B.315; 62.19 (2) review water and related land resources plans and 62.20 official controls submitted by local units of government to 62.21 assure consistency with thecomprehensivelocal water management 62.22 plan; and 62.23 (3) exercise any and all powers necessary to assure 62.24 implementation ofcomprehensivelocal water management plans. 62.25 Sec. 75. Minnesota Statutes 2002, section 103B.311, 62.26 subdivision 2, is amended to read: 62.27 Subd. 2. [DELEGATION.] The county is responsible for 62.28 preparing, adopting, and assuring implementation of the 62.29comprehensivelocal water management plan, but may delegate all 62.30 or part of the preparation of the plan to a local unit of 62.31 government, a regional development commission, or a resource 62.32 conservation and development committee. The county may not 62.33 delegate authority for the exercise of eminent domain, taxation, 62.34 or assessment to a local unit of government that does not 62.35 possess those powers. 62.36 Sec. 76. Minnesota Statutes 2002, section 103B.311, 63.1 subdivision 3, is amended to read: 63.2 Subd. 3. [COORDINATION.] (a) To assure the coordination of 63.3 efforts of all local units of government within a county during 63.4 the preparation and implementation of acomprehensivelocal 63.5 water management plan, each county intending to adopt a plan 63.6 shall conduct meetings with other local units of government and 63.7 may execute agreements with other local units of government 63.8 establishing the responsibilities of each unit during the 63.9 preparation and implementation of thecomprehensivelocal water 63.10 management plan. 63.11 (b) Each county intending to adopt a plan shall coordinate 63.12 its planning program with contiguous counties. Before meeting 63.13 with local units of government, a county board shall notify the 63.14 county boards of each county contiguous to it that the county is 63.15 about to begin preparing itscomprehensivelocal water 63.16 management plan and is encouraged to request and hold a joint 63.17 meeting with the contiguous county boards to consider the 63.18 planning process. 63.19 Sec. 77. Minnesota Statutes 2002, section 103B.311, 63.20 subdivision 4, is amended to read: 63.21 Subd. 4. [WATER PLAN REQUIREMENTS.] (a) A 63.22comprehensivelocal water management plan must: 63.23 (1) cover the entire area within a county; 63.24 (2) address water problems in the context of watershed 63.25 units and groundwater systems; 63.26 (3) be based upon principles of sound hydrologic management 63.27 of water, effective environmental protection, and efficient 63.28 management; 63.29 (4) be consistent withcomprehensivelocal water management 63.30 plans prepared by counties and watershed management 63.31 organizations wholly or partially within a single watershed unit 63.32 or groundwater system; and 63.33 (5) thecomprehensivelocal water management plan must 63.34 specify the period covered by thecomprehensivelocal water 63.35 management plan and must extend at least five years but no more 63.36 than ten years from the date the board approves 64.1 thecomprehensivelocal water management plan. 64.2ComprehensiveLocal water management plans that contain revision 64.3 dates inconsistent with this section must comply with that date, 64.4 provided it is not more than ten years beyond the date of board 64.5 approval. A two-year extension of the revision date of 64.6 acomprehensivelocal water management plan may be granted by 64.7 the board, provided no projects are ordered or commenced during 64.8 the period of the extension. 64.9 (b) Existing water and related land resources plans, 64.10 including plans related to agricultural land preservation 64.11 programs developed pursuant to chapter 40A, must be fully 64.12 utilized in preparing thecomprehensivelocal water management 64.13 plan. Duplication of the existing plans is not required. 64.14 Sec. 78. [103B.312] [IDENTIFYING PRIORITY CONCERNS.] 64.15 Each priority concerns scoping document must contain: 64.16 (1) the list of proposed priority concerns the plan will 64.17 address; and 64.18 (2) a description of how and why the priority concerns were 64.19 chosen, including: 64.20 (i) a list of all public and internal forums held to gather 64.21 input regarding priority concerns, including the dates they were 64.22 held, a list of participants and affiliated organizations, a 64.23 summary of the proceedings, and supporting data; 64.24 (ii) the process used to locally coordinate and resolve 64.25 differences between the plan's priority concerns and other 64.26 state, local, and regional concerns; and 64.27 (iii) a list of issues identified by the stakeholders but 64.28 not selected as priority concerns, why they were not included in 64.29 the list of priority concerns, and a brief description of how 64.30 the concerns may be addressed or delegated to other partnering 64.31 entities. 64.32 Sec. 79. [103B.313] [PLAN DEVELOPMENT.] 64.33 Subdivision 1. [NOTICE OF PLAN REVISION.] The local water 64.34 management plan authority shall send a notice to local 64.35 government units partially or wholly within the planning 64.36 jurisdiction, adjacent counties, and state review agencies of 65.1 their intent to revise the local water management plan. The 65.2 notice of a plan revision must include an invitation for all 65.3 recipients to submit priority concerns they wish to see the plan 65.4 address. 65.5 Subd. 2. [SUBMITTING PRIORITY CONCERNS TO PLANNING 65.6 AUTHORITY.] Local governments and state review agencies must 65.7 submit the priority concerns they want the plan to address to 65.8 the plan authority within 45 days of receiving the notice 65.9 defined in subdivision 1 or within an otherwise agreed-upon time 65.10 frame. 65.11 Subd. 3. [PUBLIC INFORMATION MEETING.] Before submitting 65.12 the priority concerns scoping document to the board, the plan 65.13 authority shall publish a legal notice for and conduct a public 65.14 information meeting. 65.15 Subd. 4. [SUBMITTAL OF PRIORITY CONCERNS SCOPING DOCUMENT 65.16 TO BOARD.] The plan authority shall send the scoping document to 65.17 all state review agencies for review and comment. State review 65.18 agencies shall provide comments on the plan outline to the board 65.19 within 30 days of receipt. 65.20 Subd. 5. [BOARD REVIEW OF THE PRIORITY CONCERNS SCOPING 65.21 DOCUMENT.] The board shall review the scoping document and the 65.22 comments submitted in accordance with this subdivision. The 65.23 board shall provide comments to the local plan authority within 65.24 60 days of receiving the scoping document, or after the next 65.25 regularly scheduled board meeting, whichever is later. No local 65.26 water management plan may be approved pursuant to section 65.27 103B.315 without addressing items communicated in the board 65.28 comments to the plan authority. The plan authority may request 65.29 that resolution of unresolved issues be addressed pursuant to 65.30 board policy defined in section 103B.345. 65.31 Subd. 6. [REQUESTS FOR EXISTING AGENCY INFORMATION 65.32 RELEVANT TO PRIORITY CONCERNS SCOPING DOCUMENT.] The state 65.33 review agencies shall, upon request from the local government, 65.34 provide existing plans, reports, and data analysis related to 65.35 priority concerns to the plan author within 60 days from the 65.36 date of the request or within an otherwise agreed upon time 66.1 frame. 66.2 Sec. 80. [103B.314] [CONTENTS OF PLAN.] 66.3 Subdivision 1. [EXECUTIVE SUMMARY.] Each plan must have an 66.4 executive summary, including: 66.5 (1) the purpose of the local water management plan; 66.6 (2) a description of the priority concerns to be addressed 66.7 by the plan; 66.8 (3) a summary of goals and actions to be taken along with 66.9 the projected total cost of the implementation program; 66.10 (4) a summary of the consistency of the plan with other 66.11 pertinent local, state, and regional plans and controls, and 66.12 where inconsistencies are noted; and 66.13 (5) a summary of recommended amendments to other plans and 66.14 official controls to achieve consistency. 66.15 Subd. 2. [ASSESSMENT OF PRIORITY CONCERNS.] For each 66.16 priority concern defined pursuant to section 103B.312, clause 66.17 (1), the plan shall analyze relevant data, plans, and policies 66.18 provided by agencies consistent with section 103B.313, 66.19 subdivision 6, and describe the magnitude of the concern, 66.20 including how the concern is impacting or changing the local 66.21 land and water resources. 66.22 Subd. 3. [GOALS AND OBJECTIVES ADDRESSING PRIORITY 66.23 CONCERNS.] Each plan must contain specific measurable goals and 66.24 objectives relating to the priority concerns and other state, 66.25 regional, or local concerns. The goals and objectives must 66.26 coordinate and attempt to resolve conflict with city, county, 66.27 regional, or state goals and policies. 66.28 Subd. 4. [IMPLEMENTATION PROGRAM FOR PRIORITY 66.29 CONCERNS.] (a) For the measurable goals identified in 66.30 subdivision 3, each plan must include an implementation program 66.31 that includes the items described in paragraphs (b) to (e). 66.32 (b) An implementation program must include actions 66.33 involving, but not limited to, data collection programs, 66.34 educational programs, capital improvement projects, project 66.35 feasibility studies, enforcement strategies, amendments to 66.36 existing official controls, and adoption of new official 67.1 controls. If the local government finds that no actions are 67.2 necessary to address the goals and objectives identified in 67.3 subdivision 3 it must explain why actions are not needed. Staff 67.4 and financial resources available or needed to carry out the 67.5 local water management plan must be stated. 67.6 (c) The implementation schedule must state the time in 67.7 which each of the actions contained in the implementation 67.8 program will be taken. 67.9 (d) If a local government unit has made any agreement for 67.10 the implementation of the plan or portions of a plan by another 67.11 local unit of government, that local unit must be specified, the 67.12 responsibility indicated, and a description included indicating 67.13 how and when the implementation will happen. 67.14 (e) If capital improvement projects are proposed to 67.15 implement the local water management plan, the projects must be 67.16 described in the plan. The description of a proposed capital 67.17 improvement project must include the following information: 67.18 (1) the physical components of the project, including their 67.19 approximate size, configuration, and location; 67.20 (2) the purposes of the project and relationship to the 67.21 objectives in the plan; 67.22 (3) the proposed schedule for project construction; 67.23 (4) the expected federal, state, and local costs; 67.24 (5) the types of financing proposed, such as special 67.25 assessments, ad valorem taxes, and grants; and 67.26 (6) the sources of local financing proposed. 67.27 Subd. 5. [OTHER WATER MANAGEMENT RESPONSIBILITIES AND 67.28 ACTIVITIES COORDINATED BY PLAN.] The plan must also describe the 67.29 actions that will be taken to carry out the responsibilities or 67.30 activities, identify the lead and supporting organizations or 67.31 government units that will be involved in carrying out the 67.32 action, and estimate the cost of each action. 67.33 Subd. 6. [AMENDMENTS.] The plan authority may initiate an 67.34 amendment to the local water management plan by submitting a 67.35 petition to the board and sending copies of the proposed 67.36 amendment and the date of the public hearing to the following 68.1 entities for review: local government units defined in section 68.2 103B.305, subdivision 5, that are within the plan's 68.3 jurisdiction; and the state review agencies. 68.4 After the public hearing the board may, by order, approve 68.5 or prescribe changes in the amendment. The amendment becomes 68.6 part of the local water management plan after being approved by 68.7 the board. The board must send the order and the approved 68.8 amendment to the entities that received the proposed amendment 68.9 and notice of the public hearing. 68.10 Sec. 81. Minnesota Statutes 2002, section 103B.315, 68.11 subdivision 4, is amended to read: 68.12 Subd. 4. [PUBLIC HEARING.] The county board shall conduct 68.13 a public hearing on thecomprehensivelocal water management 68.14 plan pursuant to section 375.51 after the 60-day period for 68.15 local review and comment is completed but before submitting it 68.16 to the state for review. 68.17 Sec. 82. Minnesota Statutes 2002, section 103B.315, 68.18 subdivision 5, is amended to read: 68.19 Subd. 5. [STATE REVIEW.] (a) After conducting the public 68.20 hearing but before final adoption, the county board must submit 68.21 itscomprehensivelocal water management plan, all written 68.22 comments received on the plan, a record of the public hearing 68.23 under subdivision 4, and a summary of changes incorporated as a 68.24 result of the review process to the board for review. The board 68.25 shall complete the review within 90 days after receiving a 68.26comprehensivelocal water management plan and supporting 68.27 documents. The board shall consult with the departments of 68.28 agriculture, health, and natural resources; the pollution 68.29 control agency; the environmental quality board; and other 68.30 appropriate state agencies during the review. 68.31 (b) The board may disapprove acomprehensivelocal water 68.32 management plan if the board determines the plan is not 68.33 consistent with state law. If a plan is disapproved, the board 68.34 shall provide a written statement of its reasons for 68.35 disapproval. A disapprovedcomprehensivelocal water management 68.36 plan must be revised by the county board and resubmitted for 69.1 approval by the board within 120 days after receiving notice of 69.2 disapproval of thecomprehensivelocal water management plan, 69.3 unless the board extends the period for good cause. The 69.4 decision of the board to disapprove the plan may be appealed by 69.5 the county to district court. 69.6 Sec. 83. Minnesota Statutes 2002, section 103B.315, 69.7 subdivision 6, is amended to read: 69.8 Subd. 6. [ADOPTION AND IMPLEMENTATION.] A county board 69.9 shall adopt and begin implementation of itscomprehensivelocal 69.10 water management plan within 120 days after receiving notice of 69.11 approval of the plan from the board. 69.12 Sec. 84. Minnesota Statutes 2002, section 103B.321, 69.13 subdivision 1, is amended to read: 69.14 Subdivision 1. [GENERAL.] The board shall: 69.15 (1) develop guidelines for the contents ofcomprehensive69.16 local water management plans that provide for a flexible 69.17 approach to meeting the different water and related land 69.18 resources needs of counties and watersheds across the state; 69.19 (2) coordinate assistance of state agencies to counties and 69.20 other local units of government involved in preparation of 69.21comprehensivelocal water management plans, including 69.22 identification of pertinent data and studies available from the 69.23 state and federal government; 69.24 (3) conduct an active program of information and education 69.25 concerning the requirements and purposes of sections 103B.301 to 69.26 103B.355 in conjunction with the association of Minnesota 69.27 counties; 69.28 (4) determine contested cases under section 103B.345; 69.29 (5) establish a process for review ofcomprehensivelocal 69.30 water management plans that assures the plans are consistent 69.31 with state law; 69.32 (6) report to the house of representatives and senate 69.33 committees with jurisdiction over the environment, natural 69.34 resources, and agriculture as required by section 103B.351; and 69.35 (7) make grants to counties forcomprehensivelocal water 69.36 management planning, implementation of priority actions 70.1 identified in approved plans, and sealing of abandoned wells. 70.2 Sec. 85. Minnesota Statutes 2002, section 103B.321, 70.3 subdivision 2, is amended to read: 70.4 Subd. 2. [RULEMAKING.] The boardshallmay adopt rules to 70.5 implement sections 103B.301 to 103B.355. 70.6 Sec. 86. Minnesota Statutes 2002, section 103B.325, 70.7 subdivision 1, is amended to read: 70.8 Subdivision 1. [REQUIREMENT.] Local units of government 70.9 shall amend existing water and related land resources plans and 70.10 official controls as necessary to conform them to the 70.11 applicable, approvedcomprehensivelocal water management plan 70.12 following the procedures in this section. 70.13 Sec. 87. Minnesota Statutes 2002, section 103B.325, 70.14 subdivision 2, is amended to read: 70.15 Subd. 2. [PROCEDURE.] Within 90 days after local units of 70.16 government are notified by the county board of the adoption of a 70.17comprehensivelocal water management plan or of adoption of an 70.18 amendment to a comprehensive water plan, the local units of 70.19 government exercising water and related land resources planning 70.20 and regulatory responsibility for areas within the county must 70.21 submit existing water and related land resources plans and 70.22 official controls to the county board for review. The county 70.23 board shall identify any inconsistency between the plans and 70.24 controls and thecomprehensivelocal water management plan and 70.25 shall recommend the amendments necessary to bring local plans 70.26 and official controls into conformance with thecomprehensive70.27 local water management plan. 70.28 Sec. 88. Minnesota Statutes 2002, section 103B.331, 70.29 subdivision 1, is amended to read: 70.30 Subdivision 1. [AUTHORITY.] When an approvedcomprehensive70.31 local water management plan is adopted the county has the 70.32 authority specified in this section. 70.33 Sec. 89. Minnesota Statutes 2002, section 103B.331, 70.34 subdivision 2, is amended to read: 70.35 Subd. 2. [REGULATION OF WATER AND LAND RESOURCES.] The 70.36 county may regulate the use and development of water and related 71.1 land resources within incorporated areas when one or more of the 71.2 following conditions exists: 71.3 (1) the municipality does not have a local water and 71.4 related land resources plan or official controls consistent with 71.5 thecomprehensivelocal water management plan; 71.6 (2) a municipal action granting a variance or conditional 71.7 use would result in an action inconsistent with the 71.8comprehensivelocal water management plan; 71.9 (3) the municipality has authorized the county to require 71.10 permits for the use and development of water and related land 71.11 resources; or 71.12 (4) a state agency has delegated the administration of a 71.13 state permit program to the county. 71.14 Sec. 90. Minnesota Statutes 2002, section 103B.331, 71.15 subdivision 3, is amended to read: 71.16 Subd. 3. [ACQUISITION OF PROPERTY; ASSESSMENT OF COSTS.] A 71.17 county may: 71.18 (1) acquire in the name of the county, by condemnation 71.19 under chapter 117, real and personal property found by the 71.20 county board to be necessary for the implementation of an 71.21 approvedcomprehensivelocal water management plan; 71.22 (2) assess the costs of projects necessary to implement the 71.23comprehensivelocal water management plan undertaken under 71.24 sections 103B.301 to 103B.355 upon the property benefited within 71.25 the county in the manner provided for municipalities by chapter 71.26 429; 71.27 (3) charge users for services provided by the county 71.28 necessary to implement thecomprehensivelocal water management 71.29 plan; and 71.30 (4) establish one or more special taxing districts within 71.31 the county and issue bonds for the purpose of financing capital 71.32 improvements under sections 103B.301 to 103B.355. 71.33 Sec. 91. Minnesota Statutes 2002, section 103B.3363, 71.34 subdivision 3, is amended to read: 71.35 Subd. 3. [COMPREHENSIVE LOCAL WATER MANAGEMENT PLAN.] 71.36 "Comprehensive local water management plan,"means72.1 "comprehensive water plan," "local water plan," and "local water 72.2 management plan" mean a county water plan authorized under 72.3 section 103B.311, a watershed management plan required under 72.4 section 103B.231, a watershed management plan required under 72.5 section 103D.401 or 103D.405, or a county groundwater plan 72.6 authorized under section 103B.255. 72.7 Sec. 92. Minnesota Statutes 2002, section 103B.3369, 72.8 subdivision 2, is amended to read: 72.9 Subd. 2. [ESTABLISHMENT.] A Local Water Resources 72.10 Protection and Management Program is established. The board 72.11shallmay provide financial assistance tocounties forlocal 72.12 units of government for activities that protect or manage water 72.13 and related land quality. The activities include planning, 72.14 zoning, official controls, and other activities to 72.15 implementcomprehensivelocal water management plans. 72.16 Sec. 93. Minnesota Statutes 2002, section 103B.3369, 72.17 subdivision 4, is amended to read: 72.18 Subd. 4. [CONTRACTSWITH LOCAL GOVERNMENTS.] Acounty72.19 local unit of government may contractwith other appropriate72.20local units of governmentto implement programs. An explanation 72.21 of the program responsibilities proposed to be contractedwith72.22other local units of governmentmust accompany grant requests. 72.23 Acountylocal unit of government that contractswith other72.24local units of governmentis responsible for ensuring that state 72.25 funds are properly expended and for providing an annual report 72.26 to the board describing expenditures of funds and program 72.27 accomplishments. 72.28 Sec. 94. Minnesota Statutes 2002, section 103B.3369, 72.29 subdivision 5, is amended to read: 72.30 Subd. 5. [FINANCIAL ASSISTANCE.] The board may award 72.31 grants towatershed management organizations in the seven-county72.32metropolitan area or counties to carry out water resource72.33protection and management programs identified as priorities in72.34comprehensive local water plans. Grants may be used to employ72.35persons and to obtain and use information necessarylocal units 72.36 of government to: 73.1 (1) developcomprehensiveor revise local water management 73.2 plans under sections 103B.201, 103B.255and, 103B.311, 103D.401, 73.3 and 103D.405 that have not received state funding for water 73.4 resources planning as provided for in Laws 1987, chapter 404, 73.5 section 30, subdivision 5, clause (a); and 73.6 (2)revise comprehensive local water plans under section73.7103B.201; and73.8(3)implementcomprehensivelocal water management plans, 73.9 including, but not limited to, the grants described in items (i) 73.10 and (ii). 73.11 (i) A base grantshallmay be awarded to a county that 73.12 levies a water implementation tax at a rate, which shall be 73.13 determined by the board. The minimum amount of the water 73.14 implementation tax shall be a tax rate times the adjusted net 73.15 tax capacity of the county for the preceding year. The rate 73.16 shall be the rate, rounded to the nearest .001 of a percent, 73.17 that, when applied to the adjusted net tax capacity for all 73.18 counties, raises the amount of $1,500,000. The base grant will 73.19 be in an amount equal to $37,500 less the amount raised by that 73.20 levy. If the amount necessary to implement the local water plan 73.21 for the county is less than $37,500, the amount of the base 73.22 grant shall be the amount that, when added to the levy amount, 73.23 equals the amount required to implement the plan. For counties 73.24 where the tax rate generates an amount equal to or greater than 73.25 $18,750, the base grant shall be in an amount equal to $18,750. 73.26 (ii) Competitive grants may be awarded based on available 73.27 funds. 73.28 Sec. 95. Minnesota Statutes 2002, section 103B.3369, 73.29 subdivision 6, is amended to read: 73.30 Subd. 6. [LIMITATIONS.] (a) Grants provided to implement 73.31 programs under this section must be reviewed by the state agency 73.32 having statutory program authority to assure compliance with 73.33 minimum state standards. At the request of the state agency 73.34 commissioner, the board shall revoke the portion of a grant used 73.35 to support a program not in compliance. 73.36 (b) Grants provided to develop or revisecomprehensive74.1 local water management plans may not be awarded for a time 74.2 longer than two years. 74.3 (c) Acountylocal unit of government may not request or be 74.4 awarded grants for project implementation unless acomprehensive74.5 local management water plan has been adopted. 74.6 Sec. 96. Minnesota Statutes 2002, section 103B.355, is 74.7 amended to read: 74.8 103B.355 [APPLICATION.] 74.9 Sections 103B.301 to 103B.355 do not apply in areas subject 74.10 to the requirements of sections 103B.201 to 103B.255 under 74.11 section 103B.231, subdivision 1, and in areas covered by an 74.12 agreement under section 103B.231, subdivision 2, except as 74.13 otherwise provided insectionssection 103B.311, subdivision 4, 74.14 clause (4); and 103B.315, subdivisions 1, clauses (3) and (4),74.15and 2, clause (b). 74.16 Sec. 97. Minnesota Statutes 2002, section 103D.405, 74.17 subdivision 2, is amended to read: 74.18 Subd. 2. [REQUIRED TEN-YEAR REVISION.] (a) After ten years 74.19 and six months from the date that the board approved a watershed 74.20 management plan or the last revised watershed management plan, 74.21 the managers must consider the requirements under subdivision 1 74.22 and adopt a revised watershed management plan outline and send a 74.23 copy of the outline to the board. 74.24 (b) By 60 days after receiving a revised watershed 74.25 management plan outline, the board must review it, adopt 74.26 recommendations regarding the revised watershed management plan 74.27 outline, and send the recommendations to the managers. 74.28 (c)By 120 daysAfter receiving the board's recommendations 74.29 regarding the revised watershed management plan outline, the 74.30 managers must complete the revised watershed management plan. 74.31 Sec. 98. Minnesota Statutes 2002, section 103G.005, 74.32 subdivision 10e, is amended to read: 74.33 Subd. 10e. [LOCAL GOVERNMENT UNIT.] "Local government 74.34 unit" means: 74.35 (1) outside of the seven-county metropolitan area, a city 74.36 councilor, county board of commissioners, or a soil and water 75.1 conservation district or their delegate; 75.2 (2) in the seven-county metropolitan area, a city council, 75.3 a town board under section 368.01,ora watershed management 75.4 organization under section 103B.211, or a soil and water 75.5 conservation district or their delegate; and 75.6 (3) on state land, the agency with administrative 75.7 responsibility for the land. 75.8 Sec. 99. Minnesota Statutes 2002, section 103G.222, 75.9 subdivision 1, is amended to read: 75.10 Subdivision 1. [REQUIREMENTS.] (a) Wetlands must not be 75.11 drained or filled, wholly or partially, unless replaced by 75.12 restoring or creating wetland areas of at least equal public 75.13 value under a replacement plan approved as provided in section 75.14 103G.2242, a replacement plan under a local governmental unit's 75.15 comprehensive wetland protection and management plan approved by 75.16 the board under section 103G.2243, or, if a permit to mine is 75.17 required under section 93.481, under a mining reclamation plan 75.18 approved by the commissioner under the permit to mine. Mining 75.19 reclamation plans shall apply the same principles and standards 75.20 for replacing wetlands by restoration or creation of wetland 75.21 areas that are applicable to mitigation plans approved as 75.22 provided in section 103G.2242. Public value must be determined 75.23 in accordance with section 103B.3355 or a comprehensive wetland 75.24 protection and management plan established under section 75.25 103G.2243. Sections 103G.221 to 103G.2372 also apply to 75.26 excavation in permanently and semipermanently flooded areas of 75.27 types 3, 4, and 5 wetlands. 75.28 (b) Replacement must be guided by the following principles 75.29 in descending order of priority: 75.30 (1) avoiding the direct or indirect impact of the activity 75.31 that may destroy or diminish the wetland; 75.32 (2) minimizing the impact by limiting the degree or 75.33 magnitude of the wetland activity and its implementation; 75.34 (3) rectifying the impact by repairing, rehabilitating, or 75.35 restoring the affected wetland environment; 75.36 (4) reducing or eliminating the impact over time by 76.1 preservation and maintenance operations during the life of the 76.2 activity; 76.3 (5) compensating for the impact by restoring a wetland; and 76.4 (6) compensating for the impact by replacing or providing 76.5 substitute wetland resources or environments. 76.6 For a project involving the draining or filling of wetlands 76.7 in an amount not exceeding 10,000 square feet more than the 76.8 applicable amount in section 103G.2241, subdivision 9, paragraph 76.9 (a), the local government unit may make an on-site sequencing 76.10 determination without a written alternatives analysis from the 76.11 applicant. 76.12 (c) If a wetland is located in a cultivated field, then 76.13 replacement must be accomplished through restoration only 76.14 without regard to the priority order in paragraph (b), provided 76.15 that a deed restriction is placed on the altered wetland 76.16 prohibiting nonagricultural use for at least ten years. 76.17 (d) Restoration and replacement of wetlands must be 76.18 accomplished in accordance with the ecology of the landscape 76.19 area affected. 76.20 (e) Except as provided in paragraph (f), for a wetland or 76.21 public waters wetland located on nonagricultural land, 76.22 replacement must be in the ratio of two acres of replaced 76.23 wetland for each acre of drained or filled wetland. 76.24 (f) For a wetland or public waters wetland located on 76.25 agricultural land or in a greater than 80 percent area, 76.26 replacement must be in the ratio of one acre of replaced wetland 76.27 for each acre of drained or filled wetland. 76.28 (g) Wetlands that are restored or created as a result of an 76.29 approved replacement plan are subject to the provisions of this 76.30 section for any subsequent drainage or filling. 76.31 (h) Except in a greater than 80 percent area, only wetlands 76.32 that have been restored from previously drained or filled 76.33 wetlands, wetlands created by excavation in nonwetlands, 76.34 wetlands created by dikes or dams along public or private 76.35 drainage ditches, or wetlands created by dikes or dams 76.36 associated with the restoration of previously drained or filled 77.1 wetlands may be used in a statewide banking program established 77.2 in rules adopted under section 103G.2242, subdivision 1. 77.3 Modification or conversion of nondegraded naturally occurring 77.4 wetlands from one type to another are not eligible for 77.5 enrollment in a statewide wetlands bank. 77.6 (i) The technical evaluation panel established under 77.7 section 103G.2242, subdivision 2, shall ensure that sufficient 77.8 time has occurred for the wetland to develop wetland 77.9 characteristics of soils, vegetation, and hydrology before 77.10 recommending that the wetland be deposited in the statewide 77.11 wetland bank. If the technical evaluation panel has reason to 77.12 believe that the wetland characteristics may change 77.13 substantially, the panel shall postpone its recommendation until 77.14 the wetland has stabilized. 77.15 (j) This section and sections 103G.223 to 103G.2242, 77.16 103G.2364, and 103G.2365 apply to the state and its departments 77.17 and agencies. 77.18 (k) For projects involving draining or filling of wetlands 77.19 associated with a new public transportation project in a greater 77.20 than 80 percent area, public transportation authorities, other 77.21 than the state department of transportation, may purchase 77.22 credits from the state wetland bank established with proceeds 77.23 from Laws 1994, chapter 643, section 26, subdivision 3, 77.24 paragraph (c). Wetland banking credits may be purchased at the 77.25 least of the following, but in no case shall the purchase price 77.26 be less than $400 per acre: (1) the cost to the state to 77.27 establish the credits; (2) the average estimated market value of 77.28 agricultural land in the township where the road project is 77.29 located, as determined by the commissioner of revenue; or (3) 77.30 the average value of the land in the immediate vicinity of the 77.31 road project as determined by the county assessor. Public 77.32 transportation authorities in a less than 80 percent area may 77.33 purchase credits from the state at the cost to the state to 77.34 establish credits. 77.35 (l) A replacement plan for wetlands is not required for 77.36 individual projects that result in the filling or draining of 78.1 wetlands for the repair, rehabilitation, reconstruction, or 78.2 replacement of a currently serviceable existing state, city, 78.3 county, or town public road necessary, as determined by the 78.4 public transportation authority, to meet state or federal design 78.5 or safety standards or requirements, excluding new roads or 78.6 roads expanded solely for additional traffic capacity lanes. 78.7 This paragraph only applies to authorities for public 78.8 transportation projects that: 78.9 (1) minimize the amount of wetland filling or draining 78.10 associated with the project and consider mitigating important 78.11 site-specific wetland functions on-site; 78.12 (2) except as provided in clause (3), submit 78.13 project-specific reports to the board, the technical evaluation 78.14 panel, the commissioner of natural resources, and members of the 78.15 public requesting a copy at least 30 days prior to construction 78.16 that indicate the location, amount, and type of wetlands to be 78.17 filled or drained by the project or, alternatively, convene an 78.18 annual meeting of the parties required to receive notice to 78.19 review projects to be commenced during the upcoming year; and 78.20 (3) for minor and emergency maintenance work impacting less 78.21 than 10,000 square feet, submit project-specific reports, within 78.22 30 days of commencing the activity, to the board that indicate 78.23 the location, amount, and type of wetlands that have been filled 78.24 or drained. 78.25 Those required to receive notice of public transportation 78.26 projects may appeal minimization, delineation, and on-site 78.27 mitigation decisions made by the public transportation authority 78.28 to the board according to the provisions of section 103G.2242, 78.29 subdivision 9. The technical evaluation panel shall review 78.30 minimization and delineation decisions made by the public 78.31 transportation authority and provide recommendations regarding 78.32 on-site mitigation if requested to do so by the local government 78.33 unit, a contiguous landowner, or a member of the technical 78.34 evaluation panel. 78.35Except for state public transportation projects, for which78.36the state department of transportation is responsible, the board79.1must replace the wetlands, and wetland areas of public waters if79.2authorized by the commissioner or a delegated authority, drained79.3or filled by public transportation projects on existing roads.79.4 Public transportation authorities at their discretion may 79.5 deviate from federal and state design standards on existing road 79.6 projects when practical and reasonable to avoid wetland filling 79.7 or draining, provided that public safety is not unreasonably 79.8 compromised. The local road authority and its officers and 79.9 employees are exempt from liability for any tort claim for 79.10 injury to persons or property arising from travel on the highway 79.11 and related to the deviation from the design standards for 79.12 construction or reconstruction under this paragraph. This 79.13 paragraph does not preclude an action for damages arising from 79.14 negligence in construction or maintenance on a highway. 79.15 (m) If a landowner seeks approval of a replacement plan 79.16 after the proposed project has already affected the wetland, the 79.17 local government unit may require the landowner to replace the 79.18 affected wetland at a ratio not to exceed twice the replacement 79.19 ratio otherwise required. 79.20 (n) A local government unit may request the board to 79.21 reclassify a county or watershed on the basis of its percentage 79.22 of presettlement wetlands remaining. After receipt of 79.23 satisfactory documentation from the local government, the board 79.24 shall change the classification of a county or watershed. If 79.25 requested by the local government unit, the board must assist in 79.26 developing the documentation. Within 30 days of its action to 79.27 approve a change of wetland classifications, the board shall 79.28 publish a notice of the change in the Environmental Quality 79.29 Board Monitor. 79.30 (o) One hundred citizens who reside within the jurisdiction 79.31 of the local government unit may request the local government 79.32 unit to reclassify a county or watershed on the basis of its 79.33 percentage of presettlement wetlands remaining. In support of 79.34 their petition, the citizens shall provide satisfactory 79.35 documentation to the local government unit. The local 79.36 government unit shall consider the petition and forward the 80.1 request to the board under paragraph (n) or provide a reason why 80.2 the petition is denied. 80.3 Sec. 100. Minnesota Statutes 2002, section 103G.2242, is 80.4 amended by adding a subdivision to read: 80.5 Subd. 14. [FEES ESTABLISHED.] Fees must be assessed for 80.6 managing wetland bank accounts and transactions as follows: 80.7 (1) account maintenance annual fee: one percent of the 80.8 value of credits not to exceed $500; 80.9 (2) account establishment, deposit, or transfer: 6.5 80.10 percent of the value of credits not to exceed $1,000 per 80.11 establishment, deposit, or transfer; and 80.12 (3) withdrawal fee: 6.5 percent of the value of credits 80.13 withdrawn. 80.14 Sec. 101. Minnesota Statutes 2002, section 103G.2242, is 80.15 amended by adding a subdivision to read: 80.16 Subd. 15. [FEES PAID TO BOARD.] All fees established in 80.17 subdivision 14 must be paid to the board of water and soil 80.18 resources and credited to the general fund to be used for the 80.19 purpose of administration of the wetland bank. 80.20 Sec. 102. Minnesota Statutes 2002, section 103G.271, 80.21 subdivision 6, is amended to read: 80.22 Subd. 6. [WATER USE PERMIT PROCESSING FEE.] (a) Except as 80.23 described in paragraphs (b) to (f), a water use permit 80.24 processing fee must be prescribed by the commissioner in 80.25 accordance with thefollowingschedule of fees in this 80.26 subdivision for each water use permit in force at any time 80.27 during the year. The schedule is as follows, with the stated 80.28 fee in each clause applied to the total amount appropriated: 80.29 (1)0.05 cents per 1,000 gallons$100 forthe firstamounts 80.30 not exceeding 50,000,000 gallons per year; 80.31 (2)0.10 cents$2 per1,0001,000,000 gallons for amounts 80.32 greater than 50,000,000 gallons but less than 100,000,000 80.33 gallons per year; 80.34 (3)0.15 cents$2.50 per1,0001,000,000 gallons for 80.35 amounts greater than 100,000,000 gallons but less than 80.36 150,000,000 gallons per year; 81.1 (4)0.20 cents$3 per1,0001,000,000 gallons for amounts 81.2 greater than 150,000,000 gallons but less than 200,000,000 81.3 gallons per year; 81.4 (5)0.25 cents$3.50 per1,0001,000,000 gallons for 81.5 amounts greater than 200,000,000 gallons but less than 81.6 250,000,000 gallons per year; 81.7 (6)0.30 cents$4 per1,0001,000,000 gallons for amounts 81.8 greater than 250,000,000 gallons but less than 300,000,000 81.9 gallons per year; 81.10 (7)0.35 cents$4.50 per1,0001,000,000 gallons for 81.11 amounts greater than 300,000,000 gallons but less than 81.12 350,000,000 gallons per year; 81.13 (8)0.40 cents$5 per1,0001,000,000 gallons for amounts 81.14 greater than 350,000,000 gallons but less than 400,000,000 81.15 gallons per year;and81.16 (9)0.45 cents$5.50 per1,0001,000,000 gallons for 81.17 amounts greater than 400,000,000 gallons but less than 81.18 450,000,000 gallons per year.; 81.19 (10) $6 per 1,000,000 gallons for amounts greater than 81.20 450,000,000 gallons but less than 500,000,000 gallons per year; 81.21 and 81.22 (11) $6.50 per 1,000,000 gallons for amounts greater than 81.23 500,000,000 gallons per year. 81.24 (b) For once-through cooling systems, a water use 81.25 processing fee must be prescribed by the commissioner in 81.26 accordance with the following schedule of fees for each water 81.27 use permit in force at any time during the year: 81.28 (1) for nonprofit corporations and school districts,15.081.29cents$150 per1,0001,000,000 gallons; and 81.30 (2) for all other users,20 cents$200 per1,0001,000,000 81.31 gallons. 81.32 (c) The fee is payable based on the amount of water 81.33 appropriated during the year and, except as provided in 81.34 paragraph (f), the minimum fee is$50$100. 81.35 (d) For water use processing fees other than once-through 81.36 cooling systems: 82.1 (1) the fee for a city of the first class may not exceed 82.2$175,000$250,000 per year; 82.3 (2) the fee for other entities for any permitted use may 82.4 not exceed: 82.5 (i)$35,000$50,000 per year for an entity holding three or 82.6 fewer permits; 82.7 (ii)$50,000$75,000 per year for an entity holding four or 82.8 five permits; 82.9 (iii)$175,000$250,000 per year for an entity holding more 82.10 than five permits; 82.11 (3) the fee for agricultural irrigation may not exceed $750 82.12 per year; 82.13 (4) the fee for a municipality that furnishes electric 82.14 service and cogenerates steam for home heating may not exceed 82.15 $10,000 for its permit for water use related to the cogeneration 82.16 of electricity and steam; and 82.17 (5) no fee is required for a project involving the 82.18 appropriation of surface water to prevent flood damage or to 82.19 remove flood waters during a period of flooding, as determined 82.20 by the commissioner. 82.21 (e) Failure to pay the fee is sufficient cause for revoking 82.22 a permit. A penalty of two percent per month calculated from 82.23 the original due date must be imposed on the unpaid balance of 82.24 fees remaining 30 days after the sending of a second notice of 82.25 fees due. A fee may not be imposed on an agency, as defined in 82.26 section 16B.01, subdivision 2, or federal governmental agency 82.27 holding a water appropriation permit. 82.28 (f) The minimum water use processing fee for a permit 82.29 issued for irrigation of agricultural land is$10$20 for years 82.30 in which: 82.31 (1) there is no appropriation of water under the permit; or 82.32 (2) the permit is suspended for more than seven consecutive 82.33 days between May 1 and October 1. 82.34 Sec. 103. Minnesota Statutes 2002, section 103G.271, 82.35 subdivision 6a, is amended to read: 82.36 Subd. 6a. [PAYMENT OF FEES FOR PAST UNPERMITTED 83.1 APPROPRIATIONS.] An entity that appropriates water without a 83.2 required permit under subdivision 1 must pay the applicable 83.3 water use permit processing fee specified in subdivision 6 for 83.4 the period during which the unpermitted appropriation occurred. 83.5 The fees for unpermitted appropriations are required for the 83.6 previous seven calendar years after being notified of the need 83.7 for a permit. This fee is in addition to any other fee or 83.8 penalty assessed. 83.9 Sec. 104. Minnesota Statutes 2002, section 103G.611, 83.10 subdivision 1, is amended to read: 83.11 Subdivision 1. [REQUIREMENTREQUIREMENTS.] (a) The fee for 83.12 a permit to operate an aeration system on public waters during 83.13 periods of ice cover is $250. The fee may not be charged to the 83.14 state or a federal governmental agency applying for a permit. 83.15 The money received for permits under this subdivision must be 83.16 deposited in the treasury and credited to the game and fish fund. 83.17 (b) A person operating an aeration system on public waters 83.18 under a water aeration permit must comply with the sign posting 83.19 requirements of this section and applicable rules of the 83.20 commissioner. 83.21 Sec. 105. Minnesota Statutes 2002, section 103G.615, 83.22 subdivision 2, is amended to read: 83.23 Subd. 2. [FEES.] (a) The commissioner shall establish a 83.24 fee schedule for permits to harvest aquatic plants other than 83.25 wild rice, by order, after holding a public hearing. The fees 83.26 may not exceed$200 per permit based uponthe cost of receiving, 83.27 processing, analyzing, and issuing the permit, and additional 83.28 costs incurred after the application to inspect and monitor the 83.29 activities authorized by the permit, and enforce aquatic plant 83.30 management rules and permit requirements. 83.31 (b) The fee for a permit forchemical treatmentthe 83.32 destruction of rooted aquatic vegetationmay not exceed $2083.33 shall be $50 for each contiguous parcel of shoreline owned by an 83.34 owner. This fee may not be charged for permits issued in 83.35 connection with lakewide Eurasian water milfoil control programs. 83.36 (c) A fee may not be charged to the state or a federal 84.1 governmental agency applying for a permit. 84.2 (d) The money received for the permits under this 84.3 subdivision shall be deposited in the treasury and credited to 84.4 the game and fish fund. 84.5 Sec. 106. Minnesota Statutes 2002, section 115.03, is 84.6 amended by adding a subdivision to read: 84.7 Subd. 5b. [STORM WATER PERMITS; COMPLIANCE WITH 84.8 NONDEGRADATION AND MITIGATION REQUIREMENTS.] (a) During the 84.9 period in which this subdivision is in effect, all point source 84.10 storm water discharges that are subject to and in compliance 84.11 with an individual or general storm water permit issued by the 84.12 pollution control agency under the National Pollution Discharge 84.13 Elimination System are considered to be in compliance with the 84.14 nondegradation and mitigation requirements of Minnesota Rules, 84.15 parts 7050.0180, 7050.0185, and 7050.0186. 84.16 (b) This subdivision is repealed on the earlier of July 1, 84.17 2007, or the effective date of rules adopted by the pollution 84.18 control agency that provide specific mechanisms or criteria to 84.19 determine whether point source storm water discharges comply 84.20 with the nondegradation and mitigation requirements of Minnesota 84.21 Rules, parts 7050.0180, 7050.0185, and 7050.0186. 84.22 [EFFECTIVE DATE.] This section is effective the day 84.23 following final enactment. 84.24 Sec. 107. Minnesota Statutes 2002, section 115.03, is 84.25 amended by adding a subdivision to read: 84.26 Subd. 5c. [REGULATION OF STORM WATER DISCHARGES.] (a) The 84.27 agency may issue a general permit to any category or subcategory 84.28 of point source storm water discharges that it deems 84.29 administratively reasonable and efficient without making any 84.30 findings under Minnesota Rules, part 7001.0210. Nothing in this 84.31 subdivision precludes the agency from requiring an individual 84.32 permit for a point source storm water discharge if the agency 84.33 finds that it is appropriate under applicable legal or 84.34 regulatory standards. 84.35 (b) Pursuant to this paragraph, the legislature authorizes 84.36 the agency to adopt and enforce rules regulating point source 85.1 storm water discharges. No further legislative approval is 85.2 required under any other legal or statutory provision whether 85.3 enacted before or after the enactment of this section. 85.4 [EFFECTIVE DATE.] This section is effective the day 85.5 following final enactment. 85.6 Sec. 108. Minnesota Statutes 2002, section 115A.545, 85.7 subdivision 2, is amended to read: 85.8 Subd. 2. [PROCESSING PAYMENT.] (a) The director shall pay 85.9 counties a processing payment for each ton of mixed municipal 85.10 solid waste that is generated in the county and processed at a 85.11 resource recovery facility. The processing payment shall be $5 85.12 for each ton of mixed municipal solid waste processed. 85.13 (b) The director shall also pay a processing payment to a 85.14 county that does not qualify under paragraph (a) that 85.15 constructed a processing facility and that either: 85.16 (1) contracts for waste generated in the county to be 85.17 received at a facility in that county; or 85.18 (2) has a comprehensive solid waste management plan 85.19 approved by the director under section 115A.46 that demonstrates 85.20 the intention of the county to make the processing facility 85.21 operational. 85.22 The processing payment shall be $5 for each ton of mixed 85.23 municipal waste generated in the county and delivered under 85.24 contract with the county. 85.25 (c) By the last day of October, January, April, and July, 85.26 each county claiming the processing payment shall file a claim 85.27 for payment with the director for the three previous months 85.28 certifying the number of tons of mixed municipal solid waste 85.29 that were generated in the county and processed at a resource 85.30 recovery facility. The director shall pay the processing 85.31 payments by November 15, February 15, May 15, and August 15 each 85.32 year. 85.33 (d) If the total amount for which all counties are eligible 85.34 in a quarter exceeds the amount available for payment, the 85.35 director shall make the payments on a pro rata basis. 85.36 (e)All of theMoney received by a county under paragraph 86.1 (a)mustmay be usedto lower the tipping fee for waste to be86.2processed at a resource recovery facility.for the following 86.3 purposes: 86.4 (1) to reduce the amount of solid waste generated; 86.5 (2) to recycle the maximum amount of solid waste 86.6 technically feasible; 86.7 (3) to create and support markets for recycled products; 86.8 (4) to remove problem materials from the solid waste stream 86.9 and develop proper disposal options for them; 86.10 (5) to inform and educate all sectors of the public about 86.11 proper solid waste management procedures; 86.12 (6) to provide technical assistance to public and private 86.13 entities to ensure proper solid waste management; 86.14 (7) to provide educational, technical, and financial 86.15 assistance for litter prevention; and 86.16 (8) to process mixed municipal solid waste generated in the 86.17 county at a resource recovery facility. 86.18 (f) Amounts received by a county under: 86.19 (1) paragraph (b), clause (1), must be used to lower the 86.20 tipping fee for waste received at a waste management facility 86.21 within the county for waste received under contract with the 86.22 county at a facility in the county; or 86.23 (2) paragraph (b), clause (2), must be used to assist in 86.24 making the county's processing facility operational. 86.25 Sec. 109. Minnesota Statutes 2002, section 116O.09, 86.26 subdivision 1, is amended to read: 86.27 Subdivision 1. [ESTABLISHMENT.] The agricultural 86.28 utilization research institute is establishedas a nonprofit86.29corporation under section 501(c)(3) of the Internal Revenue Code86.30of 1986, as amended. The agricultural utilization research86.31institute shallwithin the department of agriculture to promote 86.32 the establishment of new products and product uses and the 86.33 expansion of existing markets for the state's agricultural 86.34 commodities and products. The commissioner must establish or 86.35 maintain facilities for the institutemust be located near an86.36existing agricultural research facility in the agricultural87.1region of the state. 87.2 Sec. 110. Minnesota Statutes 2002, section 116O.09, 87.3 subdivision 1a, is amended to read: 87.4 Subd. 1a. [BOARD OF DIRECTORSADVISORY BOARD.]The board87.5of directors of the agricultural utilization research institute87.6isIn the administration of the institute, the commissioner of 87.7 agriculture must consult with an advisory board comprised of: 87.8 (1)the chairs of the senate and the house of87.9representatives committees with jurisdiction over agriculture87.10policythe dean of the college of agriculture of the University 87.11 of Minnesota or the dean's representative; 87.12 (2) two representatives of statewide farm organizations; 87.13 (3) two representatives of agribusiness, one of whom is a 87.14 member of the Minnesota Technology, Inc. board representing 87.15 agribusiness; and 87.16 (4) three representatives of the commodity promotion 87.17 councils. 87.18 A member of the advisory boardof directorsunder clauses 87.19 (1) to (4) may designate a permanent or temporary replacement 87.20 member representing the same constituency. 87.21 Sec. 111. Minnesota Statutes 2002, section 116O.09, 87.22 subdivision 2, is amended to read: 87.23 Subd. 2. [DUTIES.] (a) In addition to the duties and 87.24 powers assigned to the institutes in section 116O.08, the 87.25 agricultural utilization research institute shall: 87.26 (1) identify the various market segments characterized by 87.27 Minnesota's agricultural industry, address each segment's 87.28 individual needs, and identify development opportunities in each 87.29 segment; 87.30 (2) develop and implement a utilization program for each 87.31 segment that addresses its development needs and identifies 87.32 techniques to meet those needs; 87.33 (3) coordinate research among the public and private 87.34 organizations and individuals specifically addressing procedures 87.35 to transfer new technology to businesses, farmers, and 87.36 individuals; 88.1 (4) provide research grants to public and private 88.2 educational institutions and other organizations that are 88.3 undertaking basic and applied research that would promote the 88.4 development of the various agricultural industries; and 88.5 (5) provide financial assistance including, but not limited 88.6 to: (i) direct loans, guarantees, interest subsidy payments, 88.7 and equity investments; and (ii) participation in loan 88.8 participations. The commissioner of agriculture in consultation 88.9 with the advisory boardof directorsshall establish the terms 88.10 and conditions of the financial assistance. 88.11 (b) The commissioner in consultation with agricultural 88.12 utilization researchinstituteadvisory boardof directorsshall 88.13 have the sole approval authority for establishing agricultural 88.14 utilization research priorities, requests for proposals to meet 88.15 those priorities, awarding of grants, hiring and direction of 88.16 personnel, and other expenditures of funds consistent with the 88.17 adopted and approved mission and goals of the agricultural 88.18 utilization research institute. The actions and expenditures of 88.19 the agricultural utilization research institute are subject to 88.20 audit and regular annual report to the legislature in general 88.21 and specifically the house of representatives agriculture 88.22 committee, the senate agriculture and rural development 88.23 committee, the house of representatives environment and natural 88.24 resources finance committee, and the senate environment and 88.25 agriculture budget division. 88.26 Sec. 112. Minnesota Statutes 2002, section 116O.09, 88.27 subdivision 3, is amended to read: 88.28 Subd. 3. [STAFF.] The commissioner in consultation with 88.29 the advisory boardof directorsshall hire staff for the 88.30 agricultural utilization research institute.Persons employed88.31by the agricultural utilization research institute are not state88.32employees and may participate in state retirement, deferred88.33compensation, insurance, or other plans that apply to state88.34employees generally and are subject to regulation by the state88.35campaign finance and public disclosure board.88.36 Sec. 113. Minnesota Statutes 2002, section 116O.09, 89.1 subdivision 8, is amended to read: 89.2 Subd. 8. [CHAIR.] The advisory boardof directorsshall 89.3 annually elect from among its members a chair and other officers 89.4 necessary for the performance of its duties. 89.5 Sec. 114. Minnesota Statutes 2002, section 116O.09, 89.6 subdivision 9, is amended to read: 89.7 Subd. 9. [MEETINGS.] The advisory boardof directorsshall 89.8 meet at least twice each year and may hold additional meetings 89.9 upon giving notice in accordance withthe bylaws of the89.10institutechapter 13D. Board meetings are subject to chapter 89.11 13D, except subdivision 1b as it pertains to financial 89.12 information, business plans, income and expense projections, 89.13 customer lists, market and feasibility studies, and trade secret 89.14 information as defined by section 13.37, subdivision 1, 89.15 paragraph (b). 89.16 Sec. 115. Minnesota Statutes 2002, section 116O.09, 89.17 subdivision 12, is amended to read: 89.18 Subd. 12. [FUNDS.] The institute may accept and use gifts, 89.19 grants, or contributions from any source. Unless otherwise 89.20 restricted by the terms of a gift or bequest, the 89.21boardinstitute may sell, exchange, or otherwise dispose of and 89.22 invest or reinvest the money, securities, or other property 89.23 given or bequested to it. The principal of these funds, the 89.24 income from them, and all other revenues received by it from any 89.25 nonstate source must be placed in the depositories the board 89.26 determines and is subject to expenditure for theboard's89.27 institute's purposes.Expenditures of more than $25,000 must be89.28approved by the full board.89.29 Sec. 116. Minnesota Statutes 2002, section 116O.09, 89.30 subdivision 13, is amended to read: 89.31 Subd. 13. [ACCOUNTS; AUDITSDEFINITIONS.]The institute89.32may establish funds and accounts that it finds convenient. The89.33board shall provide for and pay the cost of an independent89.34annual audit of its official books and records by the89.35legislative auditor subject to sections 3.971 and 3.972. A copy89.36of this audit shall be filed with the secretary of state.90.1 For purposes of this section, "institute" means the 90.2 agricultural utilization research institute established under 90.3 this section and "board of directors" means the board of90.4directors of the agricultural utilization research90.5institutecommissioner" means the commissioner of agriculture. 90.6 Sec. 117. Minnesota Statutes 2002, section 116O.09, is 90.7 amended by adding a subdivision to read: 90.8 Subd. 14. [TRANSFER.] The commissioner of administration, 90.9 in consultation with the commissioner of agriculture and the 90.10 commissioner of the department of employee relations, shall take 90.11 measures necessary to transfer the functions and the personnel 90.12 from the corporation established under this section to the 90.13 department of agriculture. It is the intention of the 90.14 legislature that employees and assets of the institute shall be 90.15 treated as if the institute had been an agency of the state 90.16 since its inception. 90.17 Sec. 118. Minnesota Statutes 2002, section 116P.02, 90.18 subdivision 1, is amended to read: 90.19 Subdivision 1. [APPLICABILITY.] The definitions in this 90.20 section apply tosections 116P.01 to 116P.13this chapter. 90.21 Sec. 119. Minnesota Statutes 2002, section 116P.05, 90.22 subdivision 2, is amended to read: 90.23 Subd. 2. [DUTIES.] (a) The commission shall recommend a 90.24 budget plan for expenditures from the environment and natural 90.25 resources trust fund and shall adopt a strategic plan as 90.26 provided in section 116P.08. 90.27 (b)The commission shall recommend expenditures to the90.28legislature from the Minnesota future resources fund under90.29section 116P.13.90.30(c)It is a condition of acceptance of the appropriations 90.31 made from theMinnesota future resources fund,Minnesota 90.32 environment and natural resources trust fund, and oil overcharge 90.33 money under section 4.071, subdivision 2, that the agency or 90.34 entity receiving the appropriation must submit a work program 90.35 and semiannual progress reports in the form determined by the 90.36 legislative commission on Minnesota resources. None of the 91.1 money provided may be spent unless the commission has approved 91.2 the pertinent work program. 91.3(d)(c) The peer review panel created under section 116P.08 91.4 must also review, comment, and report to the commission on 91.5 research proposals applying for an appropriation from the 91.6 Minnesota resources fund and from oil overcharge money under 91.7 section 4.071, subdivision 2. 91.8(e)(d) The commission may adopt operating procedures to 91.9 fulfill its duties undersectionssection 116P.01to 116P.13. 91.10 Sec. 120. Minnesota Statutes 2002, section 116P.09, 91.11 subdivision 4, is amended to read: 91.12 Subd. 4. [PERSONNEL.] Persons who are employed by a state 91.13 agency to work on a project and are paid by an appropriation 91.14 from the trust fundor Minnesota future resources fundare in 91.15 the unclassified civil service, and their continued employment 91.16 is contingent upon the availability of money from the 91.17 appropriation. When the appropriation has been spent, their 91.18 positions must be canceled and the approved complement of the 91.19 agency reduced accordingly. Part-time employment of persons for 91.20 a project is authorized. The use of classified employees is 91.21 authorized when approved as part of the work program required by 91.22 section 116P.05, subdivision 2, paragraph(c)(b). 91.23 Sec. 121. Minnesota Statutes 2002, section 116P.09, 91.24 subdivision 5, is amended to read: 91.25 Subd. 5. [ADMINISTRATIVE EXPENSE.] Theadministrative91.26expenses of the commission shall be paid from the various funds91.27administered by the commission as follows:91.28(1) Through June 30, 1993, theadministrative expenses of 91.29 the commission and the advisory committee shall be paid from the 91.30Minnesota future resources fund. After that time, the prorated91.31expenses related to administration of the trust fund shall be91.32paid from theearnings of the trust fund. 91.33(2) After June 30, 1993, the prorated expenses related to91.34administration of the trust fund may not exceed an amount equal91.35to four percent of the projected earnings of the trust fund for91.36the biennium.92.1 Sec. 122. Minnesota Statutes 2002, section 116P.09, 92.2 subdivision 7, is amended to read: 92.3 Subd. 7. [REPORT REQUIRED.] The commission shall, by 92.4 January 15 of each odd-numbered year, submit a report to the 92.5 governor, the chairs of the house appropriations and senate 92.6 finance committees, and the chairs of the house and senate 92.7 committees on environment and natural resources. Copies of the 92.8 report must be available to the public. The report must include: 92.9 (1) a copy of the current strategic plan; 92.10 (2) a description of each project receiving money from the 92.11 trust fundand Minnesota future resources fundduring the 92.12 preceding biennium; 92.13 (3) a summary of any research project completed in the 92.14 preceding biennium; 92.15 (4) recommendations to implement successful projects and 92.16 programs into a state agency's standard operations; 92.17 (5) to the extent known by the commission, descriptions of 92.18 the projects anticipated to be supported by the trust fundand92.19Minnesota future resources accountduring the next biennium; 92.20 (6) the source and amount of all revenues collected and 92.21 distributed by the commission, including all administrative and 92.22 other expenses; 92.23 (7) a description of the assets and liabilities of the 92.24 trust fundand the Minnesota future resources fund; 92.25 (8) any findings or recommendations that are deemed proper 92.26 to assist the legislature in formulating legislation; 92.27 (9) a list of all gifts and donations with a value over 92.28 $1,000; 92.29 (10) a comparison of the amounts spent by the state for 92.30 environment and natural resources activities through the most 92.31 recent fiscal year; and 92.32 (11) a copy of the most recent compliance audit. 92.33 Sec. 123. Minnesota Statutes 2002, section 116P.10, is 92.34 amended to read: 92.35 116P.10 [ROYALTIES, COPYRIGHTS, PATENTS.] 92.36 This section applies to projects supported by the trust 93.1 fund, the Minnesota future resources fund,and the oil 93.2 overcharge money referred to in section 4.071, subdivision 2, 93.3 each of which is referred to in this section as a "fund." The 93.4 fund owns and shall take title to the percentage of a royalty, 93.5 copyright, or patent resulting from a project supported by the 93.6 fund equal to the percentage of the project's total funding 93.7 provided by the fund. Cash receipts resulting from a royalty, 93.8 copyright, or patent, or the sale of the fund's rights to a 93.9 royalty, copyright, or patent, must be credited immediately to 93.10 the principal of the fund. Before a project is included in the 93.11 budget plan, the commission may vote to relinquish the ownership 93.12 or rights to a royalty, copyright, or patent resulting from a 93.13 project supported by the fund to the project's proposer when the 93.14 amount of the original grant or loan, plus interest, has been 93.15 repaid to the fund. 93.16 Sec. 124. Minnesota Statutes 2002, section 116P.14, 93.17 subdivision 2, is amended to read: 93.18 Subd. 2. [STATE LAND AND WATER CONSERVATION ACCOUNT; 93.19 CREATION.] A state land and water conservation account is 93.20 created in theMinnesota futurenatural resources fund. All of 93.21 the money made available to the state from funds granted under 93.22 subdivision 1 shall be deposited in the state land and water 93.23 conservation account. 93.24 Sec. 125. Minnesota Statutes 2002, section 273.13, 93.25 subdivision 23, is amended to read: 93.26 Subd. 23. [CLASS 2.] (a) Class 2a property is agricultural 93.27 land including any improvements that is homesteaded. The market 93.28 value of the house and garage and immediately surrounding one 93.29 acre of land has the same class rates as class 1a property under 93.30 subdivision 22. The value of the remaining land including 93.31 improvements up to and including $600,000 market value has a net 93.32 class rate of 0.55 percent of market value. The remaining 93.33 property over $600,000 market value has a class rate of one 93.34 percent of market value. 93.35 (b) Class 2b property is (1) real estate, rural in 93.36 character and used exclusively for growing trees for timber, 94.1 lumber, and wood and wood products; (2) real estate that is not 94.2 improved with a structure and is used exclusively for growing 94.3 trees for timber, lumber, and wood and wood products, if the 94.4 owner has participated or is participating in a cost-sharing 94.5 program for afforestation, reforestation, or timber stand 94.6 improvement on that particular property, administered or 94.7 coordinated by the commissioner of natural resources; (3) real 94.8 estate that is nonhomestead agricultural land; or (4) a landing 94.9 area or public access area of a privately owned public use 94.10 airport. Class 2b property has a net class rate of one percent 94.11 of market value. 94.12 (c) Agricultural land as used in this section means 94.13 contiguous acreage of ten acres or more, used during the 94.14 preceding year for agricultural purposes. "Agricultural 94.15 purposes" as used in this section means the raising or 94.16 cultivation of agricultural products or enrollment in the 94.17 Reinvest in Minnesota program under sections 103F.501 to 94.18 103F.535 or the federal Conservation Reserve Program as 94.19 contained in Public Law Number 99-198. Contiguous acreage on 94.20 the same parcel, or contiguous acreage on an immediately 94.21 adjacent parcel under the same ownership, may also qualify as 94.22 agricultural land, but only if it is pasture, timber, waste, 94.23 unusable wild land, or land included in state or federal farm 94.24 programs. Agricultural classification for property shall be 94.25 determined excluding the house, garage, and immediately 94.26 surrounding one acre of land, and shall not be based upon the 94.27 market value of any residential structures on the parcel or 94.28 contiguous parcels under the same ownership. 94.29 (d) Real estate, excluding the house, garage, and 94.30 immediately surrounding one acre of land, of less than ten acres 94.31 which is exclusively and intensively used for raising or 94.32 cultivating agricultural products, shall be considered as 94.33 agricultural land. 94.34 Land shall be classified as agricultural even if all or a 94.35 portion of the agricultural use of that property is the leasing 94.36 to, or use by another person for agricultural purposes. 95.1 Classification under this subdivision is not determinative 95.2 for qualifying under section 273.111. 95.3 The property classification under this section supersedes, 95.4 for property tax purposes only, any locally administered 95.5 agricultural policies or land use restrictions that define 95.6 minimum or maximum farm acreage. 95.7 (e) The term "agricultural products" as used in this 95.8 subdivision includes production for sale of: 95.9 (1) livestock, dairy animals, dairy products, poultry and 95.10 poultry products, fur-bearing animals, horticultural and nursery 95.11 stockdescribed in sections 18.44 to 18.61, fruit of all kinds, 95.12 vegetables, forage, grains, bees, and apiary products by the 95.13 owner; 95.14 (2) fish bred for sale and consumption if the fish breeding 95.15 occurs on land zoned for agricultural use; 95.16 (3) the commercial boarding of horses if the boarding is 95.17 done in conjunction with raising or cultivating agricultural 95.18 products as defined in clause (1); 95.19 (4) property which is owned and operated by nonprofit 95.20 organizations used for equestrian activities, excluding racing; 95.21 (5) game birds and waterfowl bred and raised for use on a 95.22 shooting preserve licensed under section 97A.115; 95.23 (6) insects primarily bred to be used as food for animals; 95.24 (7) trees, grown for sale as a crop, and not sold for 95.25 timber, lumber, wood, or wood products; and 95.26 (8) maple syrup taken from trees grown by a person licensed 95.27 by the Minnesota department of agriculture under chapter 28A as 95.28 a food processor. 95.29 (f) If a parcel used for agricultural purposes is also used 95.30 for commercial or industrial purposes, including but not limited 95.31 to: 95.32 (1) wholesale and retail sales; 95.33 (2) processing of raw agricultural products or other goods; 95.34 (3) warehousing or storage of processed goods; and 95.35 (4) office facilities for the support of the activities 95.36 enumerated in clauses (1), (2), and (3), 96.1 the assessor shall classify the part of the parcel used for 96.2 agricultural purposes as class 1b, 2a, or 2b, whichever is 96.3 appropriate, and the remainder in the class appropriate to its 96.4 use. The grading, sorting, and packaging of raw agricultural 96.5 products for first sale is considered an agricultural purpose. 96.6 A greenhouse or other building where horticultural or nursery 96.7 products are grown that is also used for the conduct of retail 96.8 sales must be classified as agricultural if it is primarily used 96.9 for the growing of horticultural or nursery products from seed, 96.10 cuttings, or roots and occasionally as a showroom for the retail 96.11 sale of those products. Use of a greenhouse or building only 96.12 for the display of already grown horticultural or nursery 96.13 products does not qualify as an agricultural purpose. 96.14 The assessor shall determine and list separately on the 96.15 records the market value of the homestead dwelling and the one 96.16 acre of land on which that dwelling is located. If any farm 96.17 buildings or structures are located on this homesteaded acre of 96.18 land, their market value shall not be included in this separate 96.19 determination. 96.20 (g) To qualify for classification under paragraph (b), 96.21 clause (4), a privately owned public use airport must be 96.22 licensed as a public airport under section 360.018. For 96.23 purposes of paragraph (b), clause (4), "landing area" means that 96.24 part of a privately owned public use airport properly cleared, 96.25 regularly maintained, and made available to the public for use 96.26 by aircraft and includes runways, taxiways, aprons, and sites 96.27 upon which are situated landing or navigational aids. A landing 96.28 area also includes land underlying both the primary surface and 96.29 the approach surfaces that comply with all of the following: 96.30 (i) the land is properly cleared and regularly maintained 96.31 for the primary purposes of the landing, taking off, and taxiing 96.32 of aircraft; but that portion of the land that contains 96.33 facilities for servicing, repair, or maintenance of aircraft is 96.34 not included as a landing area; 96.35 (ii) the land is part of the airport property; and 96.36 (iii) the land is not used for commercial or residential 97.1 purposes. 97.2 The land contained in a landing area under paragraph (b), clause 97.3 (4), must be described and certified by the commissioner of 97.4 transportation. The certification is effective until it is 97.5 modified, or until the airport or landing area no longer meets 97.6 the requirements of paragraph (b), clause (4). For purposes of 97.7 paragraph (b), clause (4), "public access area" means property 97.8 used as an aircraft parking ramp, apron, or storage hangar, or 97.9 an arrival and departure building in connection with the airport. 97.10 Sec. 126. Minnesota Statutes 2002, section 297A.94, is 97.11 amended to read: 97.12 297A.94 [DEPOSIT OF REVENUES.] 97.13 (a) Except as provided in this section, the commissioner 97.14 shall deposit the revenues, including interest and penalties, 97.15 derived from the taxes imposed by this chapter in the state 97.16 treasury and credit them to the general fund. 97.17 (b) The commissioner shall deposit taxes in the Minnesota 97.18 agricultural and economic account in the special revenue fund if: 97.19 (1) the taxes are derived from sales and use of property 97.20 and services purchased for the construction and operation of an 97.21 agricultural resource project; and 97.22 (2) the purchase was made on or after the date on which a 97.23 conditional commitment was made for a loan guaranty for the 97.24 project under section 41A.04, subdivision 3. 97.25 The commissioner of finance shall certify to the commissioner 97.26 the date on which the project received the conditional 97.27 commitment. The amount deposited in the loan guaranty account 97.28 must be reduced by any refunds and by the costs incurred by the 97.29 department of revenue to administer and enforce the assessment 97.30 and collection of the taxes. 97.31 (c) The commissioner shall deposit the revenues, including 97.32 interest and penalties, derived from the taxes imposed on sales 97.33 and purchases included in section 297A.61, subdivision 3, 97.34 paragraph (g), clauses (1) and (4), in the state treasury, and 97.35 credit them as follows: 97.36 (1) first to the general obligation special tax bond debt 98.1 service account in each fiscal year the amount required by 98.2 section 16A.661, subdivision 3, paragraph (b); and 98.3 (2) after the requirements of clause (1) have been met, the 98.4 balance to the general fund. 98.5 (d) The commissioner shall deposit the revenues, including 98.6 interest and penalties, collected under section 297A.64, 98.7 subdivision 5, in the state treasury and credit them to the 98.8 general fund. By July 15 of each year the commissioner shall 98.9 transfer to the highway user tax distribution fund an amount 98.10 equal to the excess fees collected under section 297A.64, 98.11 subdivision 5, for the previous calendar year. 98.12 (e) For fiscal year 2001, 97 percent; for fiscal years 2002 98.13 and 2003, 87 percent; and for fiscal year 2004 and thereafter, 98.1487.174 percent of the revenues, including interest and 98.15 penalties, transmitted to the commissioner under section 98.16 297A.65, must be deposited by the commissioner in the state 98.17 treasury as follows: 98.18 (1) 50 percent of the receipts must be deposited in the 98.19 heritage enhancement account in the game and fish fund, and may 98.20 be spent only on activities that improve, enhance, or protect 98.21 fish and wildlife resources, including conservation, 98.22 restoration, and enhancement of land, water, and other natural 98.23 resources of the state; 98.24 (2) 22.5 percent of the receipts must be deposited in the 98.25 natural resources fund, and may be spent only for state parks 98.26 and trails; 98.27 (3) 22.5 percent of the receipts must be deposited in the 98.28 natural resources fund, and may be spent only on metropolitan 98.29 park and trail grants; 98.30 (4) three percent of the receipts must be deposited in the 98.31 natural resources fund, and may be spent only on local trail 98.32 grants; and 98.33 (5) two percent of the receipts must be deposited in the 98.34 natural resources fund, and may be spent only for the Minnesota 98.35 zoological garden, the Como park zoo and conservatory, and the 98.36 Duluth zoo. 99.1 (f) The revenue dedicated under paragraph (e) may not be 99.2 used as a substitute for traditional sources of funding for the 99.3 purposes specified, but the dedicated revenue shall supplement 99.4 traditional sources of funding for those purposes. Land 99.5 acquired with money deposited in the game and fish fund under 99.6 paragraph (e) must be open to public hunting and fishing during 99.7 the open season, except that in aquatic management areas or on 99.8 lands where angling easements have been acquired, fishing may be 99.9 prohibited during certain times of the year and hunting may be 99.10 prohibited. At least 87 percent of the money deposited in the 99.11 game and fish fund for improvement, enhancement, or protection 99.12 of fish and wildlife resources under paragraph (e) must be 99.13 allocated for field operations. 99.14 Sec. 127. Minnesota Statutes 2002, section 297F.10, 99.15 subdivision 1, is amended to read: 99.16 Subdivision 1. [TAX AND USE TAX ON CIGARETTES.] Revenue 99.17 received from cigarette taxes, as well as related penalties, 99.18 interest, license fees, and miscellaneous sources of revenue 99.19 shall be deposited by the commissioner in the state treasury and 99.20 credited as follows: 99.21 (a) first to the general obligation special tax bond debt 99.22 service account in each fiscal year the amount required to 99.23 increase the balance on hand in the account on each December 1 99.24 to an amount equal to the full amount of principal and interest 99.25 to come due on all outstanding bonds whose debt service is 99.26 payable primarily from the proceeds of the tax to and including 99.27 the second following July 1; and 99.28 (b) after the requirements of paragraph (a) have been met:99.29(1) the revenue produced by one mill of the tax on99.30cigarettes weighing not more than three pounds a thousand and99.31two mills of the tax on cigarettes weighing more than three99.32pounds a thousand must be credited to the Minnesota future99.33resources fund; and99.34(2)the balance of the revenues derived from taxes, 99.35 penalties, and interest (under this chapter) and from license 99.36 fees and miscellaneous sources of revenue shall be credited to 100.1 the general fund. 100.2 Sec. 128. [MODIFICATIONS TO STORM WATER PERMIT FEES.] 100.3 (a) The pollution control agency shall collect water 100.4 quality permit applications and annual fees as provided in the 100.5 rules of the agency and in Laws 2002, chapter 220, article 8, 100.6 section 15, with the following modifications: 100.7 (1) the application fee for general industrial storm water 100.8 permits is reduced to zero, and the annual fee is increased to 100.9 $400; 100.10 (2) the application fee for general construction storm 100.11 water permits is increased to $400; and 100.12 (3) application and annual fees for other general permits 100.13 do not apply to general municipal separate storm sewer system 100.14 permits. 100.15 (b) Nothing in this section limits the authority of a 100.16 county, city, town, watershed district, or other special purpose 100.17 district or political subdivision, to impose fees or to levy 100.18 taxes or assessments to pay the cost of regulating or 100.19 controlling storm water discharges to waters of the state. 100.20 (c) The permit fee modifications provided in this section 100.21 are effective July 1, 2003. The pollution control agency shall 100.22 adopt amended water quality permit fee rules under Minnesota 100.23 Statutes, section 14.389, that incorporate the fee modifications 100.24 provided in this section. The agency shall begin collecting 100.25 fees in accordance with the modifications in this section on 100.26 July 1, 2003, regardless of the status of those rules. 100.27 Notwithstanding Minnesota Statutes, section 14.18, subdivision 100.28 2, the permit fee modifications in this section and the rule 100.29 amendments incorporating them do not require further legislative 100.30 approval. 100.31 [EFFECTIVE DATE.] This section is effective the day 100.32 following final enactment. 100.33 Sec. 129. [UTILITY LICENSES.] 100.34 Notwithstanding the repealers in section 130, all licenses 100.35 issued under Minnesota Statutes, section 84.415, and Minnesota 100.36 Rules, chapter 6135, remain in effect for their existing terms, 101.1 unless modified pursuant to Minnesota Statutes, section 84.415, 101.2 subdivision 6. 101.3 Sec. 130. [REPEALER.] 101.4 Minnesota Statutes 2002, sections 1.31; 1.32; 3.737; 101.5 17.101, subdivision 5; 17.110; 18.51; 18.52; 18.53; 18.54; 101.6 18.79, subdivisions 1, 4, 7, and 8; 18B.065, subdivision 5; 101.7 38.02; 41A.09, subdivisions 1, 1a, 6, 7, and 8; 84.415, 101.8 subdivisions 1 and 3; 89.391; 93.2235; 103B.311, subdivisions 5, 101.9 6, and 7; 103B.315, subdivisions 1, 2, 3, and 7; 103B.321, 101.10 subdivision 3; 103B.3369, subdivision 3; 103G.222, subdivision 101.11 2; 115A.908, subdivision 2; 116O.09, subdivisions 5, 6, 7, and 101.12 10; and 116P.13; Minnesota Rules, parts 6135.0100; 6135.0200; 101.13 6135.0300; 6135.0400; 6135.0510; 6135.0610; 6135.0710; 101.14 6135.0810; 6135.1000; 6135.1100; 6135.1200; 6135.1300; 101.15 6135.1400; 6135.1500; 6135.1600; 6135.1700; 6135.1800; 101.16 9300.0010; 9300.0020; 9300.0030; 9300.0040; 9300.0050; 101.17 9300.0060; 9300.0070; 9300.0080; 9300.0090; 9300.0100; 101.18 9300.0110; 9300.0120; 9300.0130; 9300.0140; 9300.0150; 101.19 9300.0160; 9300.0170; 9300.0180; 9300.0190; 9300.0200; and 101.20 9300.0210, are repealed. 101.21 Sec. 131. [EFFECTIVE DATE.] 101.22 Except as otherwise provided, this article is effective 101.23 July 1, 2003. 101.24 ARTICLE 2 101.25 ENVIRONMENTAL FUND CHANGES 101.26 Section 1. Minnesota Statutes 2002, section 16A.531, 101.27 subdivision 1, is amended to read: 101.28 Subdivision 1. [ENVIRONMENTAL FUND.] There is created in 101.29 the state treasury an environmental fund as a special revenue 101.30 fund for deposit of receipts from environmentally related taxes, 101.31 fees, andactivities conducted by the stateother sources as 101.32 provided in subdivision 1a. 101.33 Sec. 2. Minnesota Statutes 2002, section 16A.531, is 101.34 amended by adding a subdivision to read: 101.35 Subd. 1a. [REVENUES.] The following revenues must be 101.36 deposited in the environmental fund: 102.1 (1) all fees collected under section 116.07, subdivision 102.2 4d; 102.3 (2) all money collected by the pollution control agency in 102.4 enforcement matters as provided in section 115.073; 102.5 (3) all revenues from license fees for individual sewage 102.6 treatment systems under section 115.56; 102.7 (4) all loan repayments deposited under section 115A.0716; 102.8 (5) all revenue from pollution prevention fees imposed 102.9 under section 115D.12; 102.10 (6) all loan repayments deposited under section 116.994; 102.11 (7) all fees collected under section 116C.834; 102.12 (8) revenue collected from the environmental tax pursuant 102.13 to chapter 297H; 102.14 (9) fees collected under section 473.844; and 102.15 (10) interest accrued on the fund. 102.16 Sec. 3. Minnesota Statutes 2002, section 115.073, is 102.17 amended to read: 102.18 115.073 [ENFORCEMENT FUNDING.] 102.19 Except as provided insections 115B.20, subdivision 4,102.20clause (2);section 115C.05; and 473.845, subdivision 8, all 102.21 money recovered by the state under this chapter and chapters 102.22 115A and 116, including civil penalties and money paid under an 102.23 agreement, stipulation, or settlement, excluding money paid for 102.24 past due fees or taxes, up to the amount appropriated for 102.25 implementation of Laws 1991, chapter 347, must be deposited in 102.26 the state treasury and credited to the environmental fund. 102.27 Sec. 4. Minnesota Statutes 2002, section 115.56, 102.28 subdivision 4, is amended to read: 102.29 Subd. 4. [LICENSE FEE.] The fee for a license required 102.30 under subdivision 2 is $100 per year. Revenue from the fees 102.31 must be credited to the environmental fund and is exempt from 102.32 section 16A.1285. 102.33 Sec. 5. Minnesota Statutes 2002, section 115A.0716, 102.34 subdivision 3, is amended to read: 102.35 Subd. 3. [REVOLVING ACCOUNT.]An environmental assistance102.36revolving account is established in the environmental fund.All 103.1 repayments of loans awarded under this subdivision, including 103.2 principal and interest, must bedeposited intocredited to the 103.3accountenvironmental fund. Money deposited in theaccount103.4 fund under this section is annually appropriated to the director 103.5 for loans for purposes identified in subdivisions 1 and 2. 103.6 Sec. 6. Minnesota Statutes 2002, section 115A.9651, 103.7 subdivision 6, is amended to read: 103.8 Subd. 6. [PRODUCT REVIEW REPORTS.] (a) Except as provided 103.9 under subdivision 7, the manufacturer, or an association of 103.10 manufacturers, of any specified product distributed for sale or 103.11 use in this state that is not listed pursuant to subdivision 4 103.12 shall submit a product review report and fee as provided in 103.13 paragraph (c) to the commissioner for each product by July 1, 103.14 1998. Each product review report shall contain at least the 103.15 following: 103.16 (1) a policy statement articulating upper management 103.17 support for eliminating or reducing intentional introduction of 103.18 listed metals into its products; 103.19 (2) a description of the product and the amount of each 103.20 listed metal distributed for use in this state; 103.21 (3) a description of past and ongoing efforts to eliminate 103.22 or reduce the listed metal in the product; 103.23 (4) an assessment of options available to reduce or 103.24 eliminate the intentional introduction of the listed metal 103.25 including any alternatives to the specified product that do not 103.26 contain the listed metal, perform the same technical function, 103.27 are commercially available, and are economically practicable; 103.28 (5) a statement of objectives in numerical terms and a 103.29 schedule for achieving the elimination of the listed metals and 103.30 an environmental assessment of alternative products; 103.31 (6) a listing of options considered not to be technically 103.32 or economically practicable; and 103.33 (7) certification attesting to the accuracy of the 103.34 information in the report signed and dated by an official of the 103.35 manufacturer or user. 103.36 If the manufacturer fails to submit a product review report, a 104.1 user of a specified product may submit a report and fee which 104.2 comply with this subdivision by August 15, 1998. 104.3 (b) By July 1, 1999, and annually thereafter until the 104.4 commissioner takes action under subdivision 9, the manufacturer 104.5 or user must submit a progress report and fee as provided in 104.6 paragraph (c) updating the information presented under paragraph 104.7 (a). 104.8 (c) The fee shall be $295 for each report. The fee shall 104.9 be deposited in the state treasury and credited to the 104.10 environmental fund. The fee is exempt from section 16A.1285. 104.11 (d) Where it cannot be determined from a progress report 104.12 submitted by a person pursuant to Laws 1994, chapter 585, 104.13 section 30, subdivision 2, paragraph (e), the number of products 104.14 for which product review reports are due under this subdivision, 104.15 the commissioner shall have the authority to determine, after 104.16 consultation with that person, the number of products for which 104.17 product review reports are required. 104.18 (e) The commissioner shall summarize, aggregate, and 104.19 publish data reported under paragraphs (a) and (b) annually. 104.20 (f) A product that is the subject of a recommendation by 104.21 the Toxics in Packaging Clearinghouse, as administered by the 104.22 Council of State Governments, is exempt from this section. 104.23 Sec. 7. Minnesota Statutes 2002, section 115B.17, 104.24 subdivision 6, is amended to read: 104.25 Subd. 6. [RECOVERY OF EXPENSES.] Any reasonable and 104.26 necessary expenses incurred by the agency or commissioner 104.27 pursuant to this section, including all response costs, and 104.28 administrative and legal expenses, may be recovered in a civil 104.29 action brought by the attorney general against any person who 104.30 may be liable under section 115B.04 or any other law. The 104.31 agency's certification of expenses shall be prima facie evidence 104.32 that the expenses are reasonable and necessary. Any expenses 104.33 incurred pursuant to this section which are recovered by the 104.34 attorney general pursuant to section 115B.04 or any other law, 104.35 including any award of attorneys fees, shall be deposited in the 104.36 remediation fundand credited to a special account for105.1additional response actions as provided in section 115B.20,105.2subdivision 2, clause (2) or (4). 105.3 Sec. 8. Minnesota Statutes 2002, section 115B.17, 105.4 subdivision 7, is amended to read: 105.5 Subd. 7. [ACTIONS RELATING TO NATURAL RESOURCES.] For the 105.6 purpose of this subdivision, the state is the trustee of the 105.7 air, water and wildlife of the state. An action pursuant to 105.8 section 115B.04 for damages with respect to air, water or 105.9 wildlife may be brought by the attorney general in the name of 105.10 the state as trustee for those natural resources. Any damages 105.11 recovered by the attorney general pursuant to section 115B.04 or 105.12 any other law for injury to, destruction of, or loss of natural 105.13 resources resulting from the release of a hazardous substance, 105.14 or a pollutant or contaminant, shall be deposited in theaccount105.15 remediation fund. 105.16 Sec. 9. Minnesota Statutes 2002, section 115B.17, 105.17 subdivision 14, is amended to read: 105.18 Subd. 14. [REQUESTS FOR REVIEW, INVESTIGATION, AND 105.19 OVERSIGHT.] (a) The commissioner may, upon request, assist a 105.20 person in determining whether real property has been the site of 105.21 a release or threatened release of a hazardous substance, 105.22 pollutant, or contaminant. The commissioner may also assist in, 105.23 or supervise, the development and implementation of reasonable 105.24 and necessary response actions. Assistance may include review 105.25 of agency records and files, and review and approval of a 105.26 requester's investigation plans and reports and response action 105.27 plans and implementation. 105.28 (b) Except as otherwise provided in this paragraph, the 105.29 person requesting assistance under this subdivision shall pay 105.30 the agency for the agency's cost, as determined by the 105.31 commissioner, of providing assistance. A state agency, 105.32 political subdivision, or other public entity is not required to 105.33 pay for the agency's cost to review agency records and files. 105.34 Money received by the agency for assistance under this section 105.35 must be deposited in theenvironmental response, compensation,105.36and complianceremediation fund and is exempt from section 106.1 16A.1285. 106.2 (c) When a person investigates a release or threatened 106.3 release in accordance with an investigation plan approved by the 106.4 commissioner under this subdivision, the investigation does not 106.5 associate that person with the release or threatened release for 106.6 the purpose of section 115B.03, subdivision 3, clause (4). 106.7 Sec. 10. Minnesota Statutes 2002, section 115B.17, 106.8 subdivision 16, is amended to read: 106.9 Subd. 16. [DISPOSITION OF PROPERTY ACQUIRED FOR RESPONSE 106.10 ACTION.] (a) If the commissioner determines that real or 106.11 personal property acquired by the agency for response action is 106.12 no longer needed for response action purposes, the commissioner 106.13 may: 106.14 (1) transfer the property to the commissioner of 106.15 administration to be disposed of in the manner required for 106.16 other surplus property subject to conditions the commissioner 106.17 determines necessary to protect the public health and welfare or 106.18 the environment, or to comply with federal law; 106.19 (2) transfer the property to another state agency, a 106.20 political subdivision, or special purpose district as provided 106.21 in paragraph (b); or 106.22 (3) if required by federal law, take actions and dispose of 106.23 the property as required by federal law. 106.24 (b) If the commissioner determines that real or personal 106.25 property acquired by the agency for response action must be 106.26 operated, maintained, or monitored after completion of other 106.27 phases of the response action, the commissioner may transfer 106.28 ownership of the property to another state agency, a political 106.29 subdivision, or special purpose district that agrees to accept 106.30 the property. A state agency, political subdivision, or special 106.31 purpose district is authorized to accept and implement the terms 106.32 and conditions of a transfer under this paragraph. The 106.33 commissioner may set terms and conditions for the transfer that 106.34 the commissioner considers reasonable and necessary to ensure 106.35 proper operation, maintenance, and monitoring of response 106.36 actions, protect the public health and welfare and the 107.1 environment, and comply with applicable federal and state laws 107.2 and regulations. The state agency, political subdivision, or 107.3 special purpose district to which the property is transferred is 107.4 not liable under this chapter solely as a result of acquiring 107.5 the property or acting in accordance with the terms and 107.6 conditions of the transfer. 107.7 (c) If the agency acquires property under subdivision 15, 107.8 the commissioner may lease or grant an easement in the property 107.9 to a person during the implementation of response actions if the 107.10 lease or easement is compatible with or necessary for response 107.11 action implementation. 107.12 (d) The proceeds of a sale, lease, or other transfer of 107.13 property under this subdivision by the commissioner or by the 107.14 commissioner of administration shall be deposited in the 107.15environmental response, compensation, and compliance account107.16 remediation fund. Any share of the proceeds that the agency is 107.17 required by federal law or regulation to reimburse to the 107.18 federal government is appropriated from the account to the 107.19 agency for that purpose. Except for section 94.16, subdivision 107.20 2, the provisions of section 94.16 do not apply to real property 107.21 sold by the commissioner of administration which was acquired 107.22 under subdivision 15. 107.23 Sec. 11. Minnesota Statutes 2002, section 115B.19, is 107.24 amended to read: 107.25 115B.19 [PURPOSES OF ACCOUNT AND TAXES.] 107.26 In establishing theenvironmental response, compensation107.27and compliance accountremediation fund in section115B.20 and107.28imposing taxes in section 115B.22116.155 it is the purpose of 107.29 the legislature to: 107.30 (1) encourage treatment and disposal of hazardous waste in 107.31 a manner that adequately protects the public health or welfare 107.32 or the environment; 107.33 (2) encourage responsible parties to provide the response 107.34 actions necessary to protect the public and the environment from 107.35 the effects of the release of hazardous substances; 107.36 (3) encourage the use of alternatives to land disposal of 108.1 hazardous waste including resource recovery, recycling, 108.2 neutralization, and reduction; 108.3 (4) provide state agencies with the financial resources 108.4 needed to prepare and implement an effective and timely state 108.5 response to the release of hazardous substances, including 108.6 investigation, planning, removal and remedial action; 108.7 (5) compensate for increased governmental expenses and loss 108.8 of revenue and to provide other appropriate assistance to 108.9 mitigate any adverse impact on communities in which commercial 108.10 hazardous waste processing or disposal facilities are located 108.11 under the siting process provided in chapter 115A; 108.12 (6) recognize the environmental and public health costs of 108.13 land disposal of solid waste and of the use and disposal of 108.14 hazardous substances and to place the burden of financing state 108.15 hazardous waste management activities on those whose products 108.16 and services contribute to hazardous waste management problems 108.17 and increase the risks of harm to the public and the environment. 108.18 Sec. 12. Minnesota Statutes 2002, section 115B.20, is 108.19 amended to read: 108.20 115B.20 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND108.21COMPLIANCE ACCOUNTACTIONS USING MONEY FROM REMEDIATION FUND.] 108.22Subdivision 1. [ESTABLISHMENT.] (a) The environmental108.23response, compensation, and compliance account is in the108.24environmental fund in the state treasury and may be spent only108.25for the purposes provided in subdivision 2.108.26(b) The commissioner of finance shall administer a response108.27account for the agency and the commissioner of agriculture to108.28take removal, response, and other actions authorized under108.29subdivision 2, clauses (1) to (4) and (9) to (11). The108.30commissioner of finance shall transfer money from the response108.31account to the agency and the commissioner of agriculture to108.32take actions required under subdivision 2, clauses (1) to (4)108.33and (9) to (11).108.34(c) The commissioner of finance shall administer the108.35account in a manner that allows the commissioner of agriculture108.36and the agency to utilize the money in the account to implement109.1their removal and remedial action duties as effectively as109.2possible.109.3(d) Amounts appropriated to the commissioner of finance109.4under this subdivision shall not be included in the department109.5of finance budget but shall be included in the pollution control109.6agency and department of agriculture budgets.109.7(e) All money recovered by the state under section 115B.04109.8or any other law for injury to, destruction of, or loss of109.9natural resources resulting from the release of a hazardous109.10substance, or a pollutant or contaminant, must be credited to109.11the environmental response, compensation, and compliance account109.12in the environmental fund and is appropriated to the109.13commissioner of natural resources for purposes of subdivision 2,109.14clause (5), consistent with any applicable term of judgments,109.15consent decrees, consent orders, or other administrative actions109.16requiring payments to the state for such purposes. Before109.17making an expenditure of money appropriated under this109.18paragraph, the commissioner of natural resources shall provide109.19written notice of the proposed expenditure to the chairs of the109.20senate committee on finance, the house of representatives109.21committee on ways and means, the finance division of the senate109.22committee on environment and natural resources, and the house of109.23representatives committee on environment and natural resources109.24finance.109.25 Subd. 2. [PURPOSES FOR WHICH MONEY MAY BE SPENT.]Subject109.26to appropriation by the legislature the money in the109.27accountMoney appropriated from the remediation fund under 109.28 section 116.155, subdivision 2, paragraph (a), clause (1), may 109.29 be spent only forany ofthe following purposes: 109.30 (1) preparation by the agency and the commissioner of 109.31 agriculture for taking removal or remedial action under section 109.32 115B.17, or under chapter 18D, including investigation, 109.33 monitoring and testing activities, enforcement and compliance 109.34 efforts relating to the release of hazardous substances, 109.35 pollutants or contaminants under section 115B.17 or 115B.18, or 109.36 chapter 18D; 110.1 (2) removal and remedial actions taken or authorized by the 110.2 agency or the commissioner of the pollution control agency under 110.3 section 115B.17, or taken or authorized by the commissioner of 110.4 agriculture under chapter 18D including related enforcement and 110.5 compliance efforts under section 115B.17 or 115B.18, or chapter 110.6 18D, and payment of the state share of the cost of remedial 110.7 action which may be carried out under a cooperative agreement 110.8 with the federal government pursuant to the federal Superfund 110.9 Act, under United States Code, title 42, section 9604(c)(3) for 110.10 actions related to facilities other than commercial hazardous 110.11 waste facilities located under the siting authority of chapter 110.12 115A; 110.13 (3) reimbursement to any private person for expenditures 110.14 made before July 1, 1983, to provide alternative water supplies 110.15 deemed necessary by the agency or the commissioner of 110.16 agriculture and the department of health to protect the public 110.17 health from contamination resulting from the release of a 110.18 hazardous substance; 110.19 (4)removal and remedial actions taken or authorized by the110.20agency or the commissioner of agriculture or the pollution110.21control agency under section 115B.17, or chapter 18D, including110.22related enforcement and compliance efforts under section 115B.17110.23or 115B.18, or chapter 18D, and payment of the state share of110.24the cost of remedial action which may be carried out under a110.25cooperative agreement with the federal government pursuant to110.26the federal Superfund Act, under United States Code, title 42,110.27section 9604(c)(3) for actions related to commercial hazardous110.28waste facilities located under the siting authority of chapter110.29115A;110.30(5)assessment and recovery of natural resource damages by 110.31 the agency and the commissioners of natural resources and 110.32 administration, and planning and implementation by the 110.33 commissioner of natural resources of the rehabilitation, 110.34 restoration, or acquisition of natural resources to remedy 110.35 injuries or losses to natural resources resulting from the 110.36 release of a hazardous substance; before implementing a project 111.1 to rehabilitate, restore, or acquire natural resources under 111.2 this clause, the commissioner of natural resources shall provide 111.3 written notice of the proposed project to the chairs of the 111.4 senate and house of representatives committees with jurisdiction 111.5 over environment and natural resources finance; 111.6(6) inspection, monitoring, and compliance efforts by the111.7agency, or by political subdivisions with agency approval, of111.8commercial hazardous waste facilities located under the siting111.9authority of chapter 115A;111.10(7) grants by the agency or the office of environmental111.11assistance to demonstrate alternatives to land disposal of111.12hazardous waste including reduction, separation, pretreatment,111.13processing and resource recovery, for education of persons111.14involved in regulating and handling hazardous waste;111.15(8) grants by the agency to study the extent of111.16contamination and feasibility of cleanup of hazardous substances111.17and pollutants or contaminants in major waterways of the state;111.18(9)(5) acquisition of a property interest under section 111.19 115B.17, subdivision 15; 111.20(10)(6) reimbursement, in an amount to be determined by 111.21 the agency in each case, to a political subdivision that is not 111.22 a responsible person under section 115B.03, for reasonable and 111.23 necessary expenditures resulting from an emergency caused by a 111.24 release or threatened release of a hazardous substance, 111.25 pollutant, or contaminant; and 111.26(11)(7) reimbursement to a political subdivision for 111.27 expenditures in excess of the liability limit under section 111.28 115B.04, subdivision 4. 111.29 Subd. 3. [LIMIT ON CERTAIN EXPENDITURES.] The commissioner 111.30 of agriculture or the pollution control agency or the agency may 111.31 not spend any money under subdivision 2, clause (2)or (4), for 111.32 removal or remedial actions to the extent that the costs of 111.33 those actions may be compensated from any fund established under 111.34 the Federal Superfund Act, United States Code, title 42, section 111.35 9600 et seq. The commissioner of agriculture or the pollution 111.36 control agency or the agency shall determine the extent to which 112.1 any of the costs of those actions may be compensated under the 112.2 federal act based on the likelihood that the compensation will 112.3 be available in a timely fashion. In making this determination 112.4 the commissioner of agriculture or the pollution control agency 112.5 or the agency shall take into account: 112.6 (1) the urgency of the removal or remedial actions and the 112.7 priority assigned under the Federal Superfund Act to the release 112.8 which necessitates those actions; 112.9 (2) the availability of money in the funds established 112.10 under the Federal Superfund Act; and 112.11 (3) the consistency of any compensation for the cost of the 112.12 proposed actions under the Federal Superfund Act with the 112.13 national contingency plan, if such a plan has been adopted under 112.14 that act. 112.15Subd. 4. [REVENUE SOURCES.] Revenue from the following112.16sources shall be deposited in the account:112.17(1) the proceeds of the taxes imposed pursuant to section112.18115B.22, including interest and penalties;112.19(2) all money recovered by the state under sections 115B.01112.20to 115B.18 or under any other statute or rule related to the112.21regulation of hazardous waste or hazardous substances, including112.22civil penalties and money paid under any agreement, stipulation112.23or settlement but excluding fees imposed under section 116.12;112.24(3) all interest attributable to investment of money112.25deposited in the account; and112.26(4) all money received in the form of gifts, grants,112.27reimbursement or appropriation from any source for any of the112.28purposes provided in subdivision 2, except federal grants.112.29Subd. 5. [RECOMMENDATION.] The commissioner of agriculture112.30shall make recommendations to the standing legislative112.31committees on finance and appropriations regarding112.32appropriations from the account.112.33 Subd. 6. [REPORT TO LEGISLATURE.] Each year, the 112.34 commissioner of agriculture and the agency shall submit to the 112.35 senate finance committee, the house ways and means committee, 112.36 the environment and natural resources committees of the senate 113.1 and house of representatives, the finance division of the senate 113.2 committee on environment and natural resources, and the house of 113.3 representatives committee on environment and natural resources 113.4 finance, and the environmental quality board a report detailing 113.5 the activities for which moneyfrom the accounthas been spent 113.6 pursuant to this section during the previous fiscal year. 113.7 Sec. 13. Minnesota Statutes 2002, section 115B.22, 113.8 subdivision 7, is amended to read: 113.9 Subd. 7. [DISPOSITION OF PROCEEDS.] After reimbursement to 113.10 the department of revenue for costs incurred in administering 113.11 sections 115B.22 and 115B.24, the proceeds of the taxes imposed 113.12 under this section including any interest and penalties shall be 113.13 deposited in the environmentalresponse, compensation, and113.14compliance accountfund. 113.15 Sec. 14. Minnesota Statutes 2002, section 115B.25, 113.16 subdivision 1a, is amended to read: 113.17 Subd. 1a. [ACCOUNTFUND.] Except when another fund or 113.18 account is specified, "accountfund" means theenvironmental113.19response, compensation, and compliance accountremediation fund 113.20 established in section115B.20116.155. 113.21 Sec. 15. Minnesota Statutes 2002, section 115B.25, 113.22 subdivision 4, is amended to read: 113.23 Subd. 4. [ELIGIBLE PERSON.] "Eligible person" means a 113.24 person who is eligible to file a claim with theaccountfund 113.25 under section 115B.29. 113.26 Sec. 16. Minnesota Statutes 2002, section 115B.26, is 113.27 amended to read: 113.28 115B.26 [ENVIRONMENTAL RESPONSE, COMPENSATION, AND113.29COMPLIANCE ACCOUNTPAYMENT OF CLAIMS.] 113.30 Subd. 2. [APPROPRIATION.] The amount necessary to pay 113.31 claims of compensation granted by the agency under sections 113.32 115B.25 to 115B.37ismust be directly appropriated to the 113.33 agency from theaccountfund by the legislature. 113.34Subd. 3. [PAYMENT OF CLAIMS WHEN ACCOUNT INSUFFICIENT.] If113.35the amount of the claims granted exceeds the amount in the113.36account, the agency shall request a transfer from the general114.1contingent account to the environmental response, compensation,114.2and compliance account as provided in section 3.30. If no114.3transfer is approved, the agency shall pay the claims which have114.4been granted in the order granted only to the extent of the114.5money remaining in the account. The agency shall pay the114.6remaining claims which have been granted after additional money114.7is credited to the account.114.8 Subd. 4. [ACCOUNTTRANSFER REQUEST.] At the end of each 114.9 fiscal year, the agency shall submit a request to the petroleum 114.10 tank release compensation board for transfer to theaccountfund 114.11 from the petroleum tank release cleanup fund under section 114.12 115C.08, subdivision 5, of an amount equal to the compensation 114.13 granted by the agency for claims related to petroleum releases 114.14 plus administrative costs related to determination of those 114.15 claims. 114.16 Sec. 17. Minnesota Statutes 2002, section 115B.30, is 114.17 amended to read: 114.18 115B.30 [ELIGIBLE INJURY AND DAMAGE.] 114.19 Subdivision 1. [ELIGIBLE PERSONAL INJURY.] (a) A personal 114.20 injury which could reasonably have resulted from exposure to a 114.21 harmful substance released from a facility where it was placed 114.22 or came to be located is eligible for compensation from 114.23 theaccountfund if: 114.24 (1) it is a medically verified chronic or progressive 114.25 disease, illness, or disability such as cancer, organic nervous 114.26 system disorders, or physical deformities, including 114.27 malfunctions in reproduction, in humans or their offspring, or 114.28 death; or 114.29 (2) it is a medically verified acute disease or condition 114.30 that typically manifests itself rapidly after a single exposure 114.31 or limited exposures and the persons responsible for the release 114.32 of the harmful substance are unknown or cannot with reasonable 114.33 diligence be determined or located or a judgment would not be 114.34 satisfied in whole or in part against the persons determined to 114.35 be responsible for the release of the harmful substance. 114.36 (b) A personal injury is not compensable from the account 115.1 if: 115.2 (1) the injury is compensable under the workers' 115.3 compensation law, chapter 176; 115.4 (2) the injury arises out of the claimant's use of a 115.5 consumer product; 115.6 (3) the injury arises out of an exposure that occurred or 115.7 is occurring outside the geographical boundaries of the state; 115.8 (4) the injury results from the release of a harmful 115.9 substance for which the claimant is a responsible person; or 115.10 (5) the injury is an acute disease or condition other than 115.11 one described in paragraph (a). 115.12 Subd. 2. [ELIGIBLE PROPERTY DAMAGE.] Damage to real 115.13 property in Minnesota owned by the claimant is eligible for 115.14 compensation from theaccountfund if the damage results from 115.15 the presence in or on the property of a harmful substance 115.16 released from a facility where it was placed or came to be 115.17 located. Damage to property is not eligible for compensation 115.18 from theaccountfund if it results from the release of a 115.19 harmful substance for which the claimant is a responsible person. 115.20 Subd. 3. [TIME FOR FILING CLAIM.] (a) A claim is not 115.21 eligible for compensation from theaccountfund unless it is 115.22 filed with the agency within the time provided in this 115.23 subdivision. 115.24 (b) A claim for compensation for personal injury must be 115.25 filed within two years after the injury and its connection to 115.26 exposure to a harmful substance was or reasonably should have 115.27 been discovered. 115.28 (c) A claim for compensation for property damage must be 115.29 filed within two years after the full amount of compensable 115.30 losses can be determined. 115.31 (d) Notwithstanding the provisions of this subdivision, 115.32 claims for compensation that would otherwise be barred by any 115.33 statute of limitations provided in sections 115B.25 to 115B.37 115.34 may be filed not later than January 1, 1992. 115.35 Sec. 18. Minnesota Statutes 2002, section 115B.31, 115.36 subdivision 1, is amended to read: 116.1 Subdivision 1. [SUBSEQUENT ACTION OR CLAIM PROHIBITED IN 116.2 CERTAIN CASES.] (a) A person who has settled a claim for an 116.3 eligible injury or eligible property damage with a responsible 116.4 person, either before or after bringing an action in court for 116.5 that injury or damage, may not file a claim with the account for 116.6 the same injury or damage. A person who has received a 116.7 favorable judgment in a court action for an eligible injury or 116.8 eligible property damage may not file a claim with theaccount116.9 fund for the same injury or damage, unless the judgment cannot 116.10 be satisfied in whole or in part against the persons responsible 116.11 for the release of the harmful substance. A person who has 116.12 filed a claim with the agency or its predecessor, the harmful 116.13 substance compensation board, may not file another claim with 116.14 the agency for the same eligible injury or damage, unless the 116.15 claim was inactivated by the agency or board as provided in 116.16 section 115B.32, subdivision 1. 116.17 (b) A person who has filed a claim with the agency or board 116.18 for an eligible injury or damage, and who has received and 116.19 accepted an award from the agency or board, is precluded from 116.20 bringing an action in court for the same eligible injury or 116.21 damage. 116.22 (c) A person who files a claim with the agency for personal 116.23 injury or property damage must include all known claims eligible 116.24 for compensation in one proceeding before the agency. 116.25 Sec. 19. Minnesota Statutes 2002, section 115B.31, 116.26 subdivision 3, is amended to read: 116.27 Subd. 3. [SUBROGATION BY STATE.] The state is subrogated 116.28 to all the claimant's rights under statutory or common law to 116.29 recover losses compensated from theaccountfund from other 116.30 sources, including responsible persons as defined in section 116.31 115B.03. The state may bring a subrogation action in its own 116.32 name or in the name of the claimant. The state may not bring a 116.33 subrogation action against a person who was a party in a court 116.34 action by the claimant for the same eligible injury or damage, 116.35 unless the claimant dismissed the action prior to trial. Money 116.36 recovered by the state under this subdivision must be deposited 117.1 in theaccountfund. Nothing in sections 115B.25 to 115B.37 117.2 shall be construed to create a standard of recovery in a 117.3 subrogation action. 117.4 Sec. 20. Minnesota Statutes 2002, section 115B.31, 117.5 subdivision 4, is amended to read: 117.6 Subd. 4. [SIMULTANEOUS CLAIM AND COURT ACTION PROHIBITED.] 117.7 A claimant may not commence a court action to recover for any 117.8 injury or damage for which the claimant seeks compensation from 117.9 theaccountfund during the time that a claim is pending before 117.10 the agency. A person may not file a claim with the agency for 117.11 compensation for any injury or damage for which the claimant 117.12 seeks to recover in a pending court action. The time for filing 117.13 a claim under section 115B.30 or the statute of limitations for 117.14 any civil action is suspended during the period of time that a 117.15 claimant is precluded from filing a claim or commencing an 117.16 action under this subdivision. 117.17 Sec. 21. Minnesota Statutes 2002, section 115B.32, 117.18 subdivision 1, is amended to read: 117.19 Subdivision 1. [FORM.] A claim for compensation from 117.20 theaccountfund must be filed with the agency in the form 117.21 required by the agency. When a claim does not include all the 117.22 information required by subdivision 2 and applicable agency 117.23 rules, the agency staff shall notify the claimant of the absence 117.24 of the required information within 14 days of the filing of the 117.25 claim. All required information must be received by the agency 117.26 not later than 60 days after the claimant received notice of its 117.27 absence or the claim will be inactivated and may not be 117.28 resubmitted for at least one year following the date of 117.29 inactivation. The agency may decide not to inactivate a claim 117.30 under this subdivision if it finds serious extenuating 117.31 circumstances. 117.32 Sec. 22. Minnesota Statutes 2002, section 115B.33, 117.33 subdivision 1, is amended to read: 117.34 Subdivision 1. [STANDARD FOR PERSONAL INJURY.] The agency 117.35 shall grant compensation to a claimant who shows that it is more 117.36 likely than not that: 118.1 (1) the claimant suffers a medically verified injury that 118.2 is eligible for compensation from theaccountfund and that has 118.3 resulted in a compensable loss; 118.4 (2) the claimant has been exposed to a harmful substance; 118.5 (3) the release of the harmful substance from a facility 118.6 where the substance was placed or came to be located could 118.7 reasonably have resulted in the claimant's exposure to the 118.8 substance in the amount and duration experienced by the 118.9 claimant; and 118.10 (4) the injury suffered by the claimant can be caused or 118.11 significantly contributed to by exposure to the harmful 118.12 substance in an amount and duration experienced by the claimant. 118.13 Sec. 23. Minnesota Statutes 2002, section 115B.34, is 118.14 amended to read: 118.15 115B.34 [COMPENSABLE LOSSES.] 118.16 Subdivision 1. [PERSONAL INJURY LOSSES.] Losses 118.17 compensable by theaccountfund for personal injury are limited 118.18 to: 118.19 (1) medical expenses directly related to the claimant's 118.20 injury; 118.21 (2) up to two-thirds of the claimant's lost wages not to 118.22 exceed $2,000 per month or $24,000 per year; 118.23 (3) up to two-thirds of a self-employed claimant's lost 118.24 income, not to exceed $2,000 per month or $24,000 per year; 118.25 (4) death benefits to dependents which the agency shall 118.26 define by rule subject to the following conditions: 118.27 (i) the rule adopted by the agency must establish a 118.28 schedule of benefits similar to that established by section 118.29 176.111 and must not provide for the payment of benefits to 118.30 dependents other than those dependents defined in section 118.31 176.111; 118.32 (ii) the total benefits paid to all dependents of a 118.33 claimant must not exceed $2,000 per month; 118.34 (iii) benefits paid to a spouse and all dependents other 118.35 than children must not continue for a period longer than ten 118.36 years; 119.1 (iv) payment of benefits is subject to the limitations of 119.2 section 115B.36; and 119.3 (5) the value of household labor lost due to the claimant's 119.4 injury or disease, which must be determined in accordance with a 119.5 schedule established by the board by rule, not to exceed $2,000 119.6 per month or $24,000 per year. 119.7 Subd. 2. [PROPERTY DAMAGE LOSSES.] (a) Losses compensable 119.8 by theaccountfund for property damage are limited to the 119.9 following losses caused by damage to the principal residence of 119.10 the claimant: 119.11 (1) the reasonable cost of replacing or decontaminating the 119.12 primary source of drinking water for the property not to exceed 119.13 the amount actually expended by the claimant or assessed by a 119.14 local taxing authority, if the department of health has 119.15 confirmed that the remedy provides safe drinking water and 119.16 advised that the water not be used for drinking or determined 119.17 that the replacement or decontamination of the source of 119.18 drinking water was necessary, up to a maximum of $25,000; 119.19 (2) losses incurred as a result of a bona fide sale of the 119.20 property at less than the appraised market value under 119.21 circumstances that constitute a hardship to the owner, limited 119.22 to 75 percent of the difference between the appraised market 119.23 value and the selling price, but not to exceed $25,000; and 119.24 (3) losses incurred as a result of the inability of an 119.25 owner in hardship circumstances to sell the property due to the 119.26 presence of harmful substances, limited to the increase in costs 119.27 associated with the need to maintain two residences, but not to 119.28 exceed $25,000. 119.29 (b) In computation of the loss under paragraph (a), clause 119.30 (3), the agency shall offset the loss by the amount of any 119.31 income received by the claimant from the rental of the property. 119.32 (c) For purposes of paragraph (a), the following 119.33 definitions apply: 119.34 (1) "appraised market value" means an appraisal of the 119.35 market value of the property disregarding any decrease in value 119.36 caused by the presence of a harmful substance in or on the 120.1 property; and 120.2 (2) "hardship" means an urgent need to sell the property 120.3 based on a special circumstance of the owner including 120.4 catastrophic medical expenses, inability of the owner to 120.5 physically maintain the property due to a physical or mental 120.6 condition, and change of employment of the owner or other member 120.7 of the owner's household requiring the owner to move to a 120.8 different location. 120.9 (d) Appraisals are subject to agency approval. The agency 120.10 may adopt rules governing approval of appraisals, criteria for 120.11 establishing a hardship, and other matters necessary to 120.12 administer this subdivision. 120.13 Sec. 24. Minnesota Statutes 2002, section 115B.36, is 120.14 amended to read: 120.15 115B.36 [AMOUNT AND FORM OF PAYMENT.] 120.16 If the agency decides to grant compensation, it shall 120.17 determine the net uncompensated loss payable to the claimant by 120.18 computing the total amount of compensable losses payable to the 120.19 claimant and subtracting the total amount of any compensation 120.20 received by the claimant for the same injury or damage from 120.21 other sources including, but not limited to, all forms of 120.22 insurance and social security and any emergency award made by 120.23 the agency. The agency shall pay compensation in the amount of 120.24 the net uncompensated loss, provided that no claimant may 120.25 receive more than $250,000. In the case of a death, the total 120.26 amount paid to all persons on behalf of the claimant may not 120.27 exceed $250,000. 120.28 Compensation from theaccountfund may be awarded in a lump 120.29 sum or in installments at the discretion of the agency. 120.30 Sec. 25. Minnesota Statutes 2002, section 115B.40, 120.31 subdivision 4, is amended to read: 120.32 Subd. 4. [QUALIFIED FACILITY NOT UNDER CLEANUP ORDER; 120.33 DUTIES.] (a) The owner or operator of a qualified facility that 120.34 is not subject to a cleanup order shall: 120.35 (1) complete closure activities at the facility, or enter 120.36 into a binding agreement with the commissioner to do so, as 121.1 provided in paragraph (e), within one year from the date the 121.2 owner or operator is notified by the commissioner under 121.3 subdivision 3 of the closure activities that are necessary to 121.4 properly close the facility in compliance with facility's 121.5 permit, closure orders, or enforcement agreement with the 121.6 agency, and with the solid waste rules in effect at the time the 121.7 facility stopped accepting waste; 121.8 (2) undertake or continue postclosure care at the facility 121.9 until the date of notice of compliance under subdivision 7; 121.10 (3) in the case of qualified facilities defined in section 121.11 115B.39, subdivision 2, paragraph (l), clause (1), transfer to 121.12 the commissioner of revenue for deposit in thesolid waste121.13 remediation fund established in section115B.42116.155 any 121.14 funds required for proof of financial responsibility under 121.15 section 116.07, subdivision 4h, that remain after facility 121.16 closure and any postclosure care and response action undertaken 121.17 by the owner or operator at the facility including, if proof of 121.18 financial responsibility is provided through a letter of credit 121.19 or other financial instrument or mechanism that does not 121.20 accumulate money in an account, the amount that would have 121.21 accumulated had the owner or operator utilized a trust fund, 121.22 less any amount used for closure, postclosure care, and response 121.23 action at the facility; and 121.24 (4) in the case of qualified facilities defined in section 121.25 115B.39, subdivision 2, paragraph (l), clause (2), transfer to 121.26 the commissioner of revenue for deposit in thesolid waste121.27 remediation fund established in section115B.42116.155 an 121.28 amount of cash that is equal to the sum of their approved 121.29 current contingency action cost estimate and the present value 121.30 of their approved estimated remaining postclosure care costs 121.31 required for proof of financial responsibility under section 121.32 116.07, subdivision 4h. 121.33 (b) The owner or operator of a qualified facility that is 121.34 not subject to a cleanup order shall: 121.35 (1) in the case of qualified facilities defined in section 121.36 115B.39, subdivision 2, paragraph (l), clause (1), provide the 122.1 commissioner with a copy of all applicable comprehensive general 122.2 liability insurance policies and other liability policies 122.3 relating to property damage, certificates, or other evidence of 122.4 insurance coverage held during the life of the facility; and 122.5 (2) enter into a binding agreement with the commissioner to: 122.6 (i) in the case of qualified facilities defined in section 122.7 115B.39, subdivision 2, paragraph (l), clause (1), take any 122.8 actions necessary to preserve the owner or operator's rights to 122.9 payment or defense under insurance policies included in clause 122.10 (1); cooperate with the commissioner in asserting claims under 122.11 the policies; and, within 60 days of a request by the 122.12 commissioner, but no earlier than July 1, 1996, assign only 122.13 those rights under the policies related to environmental 122.14 response costs; 122.15 (ii) cooperate with the commissioner or other persons 122.16 acting at the direction of the commissioner in taking additional 122.17 environmental response actions necessary to address releases or 122.18 threatened releases and to avoid any action that interferes with 122.19 environmental response actions, including allowing entry to the 122.20 property and to the facility's records and allowing entry and 122.21 installation of equipment; and 122.22 (iii) refrain from developing or altering the use of 122.23 property described in any permit for the facility except after 122.24 consultation with the commissioner and in conformance with any 122.25 conditions established by the commissioner for that property, 122.26 including use restrictions, to protect public health and welfare 122.27 and the environment. 122.28 (c) The owner or operator of a qualified facility defined 122.29 in section 115B.39, subdivision 2, paragraph (l), clause (1), 122.30 that is a political subdivision may use a portion of any funds 122.31 established for response at the facility, which are available 122.32 directly or through a financial instrument or other financial 122.33 arrangement, for closure or postclosure care at the facility if 122.34 funds available for closure or postclosure care are inadequate 122.35 and shall assign the rights to any remainder to the commissioner. 122.36 (d) The agreement required in paragraph (b), clause (2), 123.1 must be in writing and must apply to and be binding upon the 123.2 successors and assigns of the owner. The owner shall record the 123.3 agreement, or a memorandum approved by the commissioner that 123.4 summarizes the agreement, with the county recorder or registrar 123.5 of titles of the county where the property is located. 123.6 (e) A binding agreement entered into under paragraph (a), 123.7 clause (1), may include a provision that the owner or operator 123.8 will reimburse the commissioner for the costs of closing the 123.9 facility to the standard required in that clause. 123.10 Sec. 26. Minnesota Statutes 2002, section 115B.41, 123.11 subdivision 1, is amended to read: 123.12 Subdivision 1. [ALLOCATION AND RECOVERY OF COSTS.] (a) A 123.13 person who is subject to the requirements in section 115B.40, 123.14 subdivision 4 or 5, paragraph (b), is responsible for all 123.15 environmental response costs incurred by the commissioner at or 123.16 related to the facility until the date of notice of compliance 123.17 under section 115B.40, subdivision 7. The commissioner may use 123.18 any funds available for closure, postclosure care, and response 123.19 action established by the owner or operator. If those funds are 123.20 insufficient or if the owner or operator fails to assign rights 123.21 to them to the commissioner, the commissioner may seek recovery 123.22 of environmental response costs against the owner or operator in 123.23 the county of Ramsey or in the county where the facility is 123.24 located or where the owner or operator resides. 123.25 (b) In an action brought under this subdivision in which 123.26 the commissioner prevails, the court shall award the 123.27 commissioner reasonable attorney fees and other litigation 123.28 expenses incurred by the commissioner to bring the action. All 123.29 costs, fees, and expenses recovered under this subdivision must 123.30 be deposited in thesolid wasteremediation fund established in 123.31 section115B.42116.155. 123.32 Sec. 27. Minnesota Statutes 2002, section 115B.41, 123.33 subdivision 2, is amended to read: 123.34 Subd. 2. [ENVIRONMENTAL RESPONSE COSTS; LIENS.] All 123.35 environmental response costs, including administrative and legal 123.36 expenses, incurred by the commissioner at a qualified facility 124.1 before the date of notice of compliance under section 115B.40, 124.2 subdivision 7, constitute a lien in favor of the state upon any 124.3 real property located in the state, other than homestead 124.4 property, owned by the owner or operator who is subject to the 124.5 requirements of section 115B.40, subdivision 4 or 5. A lien 124.6 under this subdivision attaches when the environmental response 124.7 costs are first incurred and continues until the lien is 124.8 satisfied or becomes unenforceable as for an environmental lien 124.9 under section 514.672. Notice, filing, and release of the lien 124.10 are governed by sections 514.671 to 514.676, except where those 124.11 requirements specifically are related to only cleanup action 124.12 expenses as defined in section 514.671. Relative priority of a 124.13 lien under this subdivision is governed by section 514.672, 124.14 except that a lien attached to property that was included in any 124.15 permit for the solid waste disposal facility takes precedence 124.16 over all other liens regardless of when the other liens were or 124.17 are perfected. Amounts received to satisfy all or a part of a 124.18 lien must be deposited in thesolid wasteremediation fund. 124.19 Sec. 28. Minnesota Statutes 2002, section 115B.41, 124.20 subdivision 3, is amended to read: 124.21 Subd. 3. [LOCAL GOVERNMENT AID; OFFSET.] If an owner or 124.22 operator fails to comply with section 115B.40, subdivision 4, or 124.23 5, paragraph (b), fails to remit payment of environmental 124.24 response costs incurred by the commissioner before the date of 124.25 notice of compliance under section 115B.40, subdivision 7, and 124.26 is a local government unit, the commissioner may seek payment of 124.27 the costs from any state aid payments, except payments made 124.28 under section 115A.557, subdivision 1, otherwise due the local 124.29 government unit. The commissioner of revenue, after being 124.30 notified by the commissioner that the local government unit has 124.31 failed to pay the costs and the amount due, shall pay an annual 124.32 proportionate amount of the state aid payment otherwise payable 124.33 to the local government unit into thesolid wasteremediation 124.34 fund that will, over a period of no more than five years, 124.35 satisfy the liability of the local government unit for the costs. 124.36 Sec. 29. Minnesota Statutes 2002, section 115B.42, 125.1 subdivision 2, is amended to read: 125.2 Subd. 2. [EXPENDITURES.]Money in the fund may be spent by125.3 The commissioner may spend money from the remediation fund under 125.4 section 116.155, subdivision 2, paragraph (a), clause (2), to: 125.5 (1) inspect permitted mixed municipal solid waste disposal 125.6 facilities to: 125.7 (i) evaluate the adequacy of final cover, slopes, 125.8 vegetation, and erosion control; 125.9 (ii) determine the presence and concentration of hazardous 125.10 substances, pollutants or contaminants, and decomposition gases; 125.11 and 125.12 (iii) determine the boundaries of fill areas; 125.13 (2) monitor and take, or reimburse others for, 125.14 environmental response actions, including emergency response 125.15 actions, at qualified facilities; 125.16 (3) acquire and dispose of property under section 115B.412, 125.17 subdivision 3; 125.18 (4) recover costs under section 115B.39; 125.19 (5) administer, including providing staff and 125.20 administrative support for, sections 115B.39 to 115B.445; 125.21 (6) enforce sections 115B.39 to 115B.445; 125.22 (7)subject to appropriation, administer the agency's125.23groundwater and solid waste management programs;125.24(8)pay for private water supply well monitoring and health 125.25 assessment costs of the commissioner of health in areas affected 125.26 by unpermitted mixed municipal solid waste disposal facilities; 125.27(9)(8) reimburse persons under section 115B.43; 125.28(10)(9) reimburse mediation expenses up to a total of 125.29 $250,000 annually or defense costs up to a total of $250,000 125.30 annually for third-party claims for response costs under state 125.31 or federal law as provided in section 115B.414; and 125.32(11)(10) perform environmental assessments, up to 125.33 $1,000,000, at unpermitted mixed municipal solid waste disposal 125.34 facilities. 125.35 Sec. 30. Minnesota Statutes 2002, section 115B.421, is 125.36 amended to read: 126.1 115B.421 [CLOSED LANDFILL INVESTMENT FUND.] 126.2 The closed landfill investment fund is established in the 126.3 state treasury. The fund consists of money credited to the 126.4 fund, and interest and other earnings on money in the fund. The 126.5 commissioner of finance shall transfer an initial amount of 126.6 $5,100,000 from the balance in the solid waste fund beginning in 126.7 fiscal year 2000 and shall continue to transfer $5,100,000 for 126.8 each following fiscal year, ceasing after 2003. Beginning July 126.9 1, 2003, funds must be deposited as described in section 126.10 115B.445. The fund shall be managed to maximize long-term gain 126.11 through the state board of investment. Money in the fund may be 126.12 spent by the commissioner after fiscal year 2020 in accordance 126.13 withsection 115B.42, subdivision 2, clauses (1) to (6)sections 126.14 115B.39 to 115B.444. 126.15 Sec. 31. Minnesota Statutes 2002, section 115B.445, is 126.16 amended to read: 126.17 115B.445 [DEPOSIT OF PROCEEDS.] 126.18 All amounts paid to the state by an insurer pursuant to any 126.19 settlement under section 115B.443 or judgment under section 126.20 115B.444 must be deposited in the state treasury and 126.21 credited equally to thesolid wasteremediation fund and the 126.22 closed landfill investment fund. 126.23 [EFFECTIVE DATE.] This section is effective for all 126.24 proceeds paid after June 30, 2001. 126.25 Sec. 32. Minnesota Statutes 2002, section 115B.48, 126.26 subdivision 2, is amended to read: 126.27 Subd. 2. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 126.28 REIMBURSEMENT ACCOUNT; ACCOUNT.] "Dry cleaner environmental 126.29 response and reimbursement account" or "account" means the dry 126.30 cleaner environmental response and reimbursement account in the 126.31 remediation fund established insectionsections 115B.49 and 126.32 116.155. 126.33 Sec. 33. Minnesota Statutes 2002, section 115B.49, 126.34 subdivision 1, is amended to read: 126.35 Subdivision 1. [ESTABLISHMENT.] The dry cleaner 126.36 environmental response and reimbursement account is established 127.1 as an account in thestate treasuryremediation fund. 127.2 Sec. 34. Minnesota Statutes 2002, section 115B.49, 127.3 subdivision 3, is amended to read: 127.4 Subd. 3. [EXPENDITURES.] (a) Money in the account mayonly127.5 be used: 127.6 (1) for environmental response costs incurred by the 127.7 commissioner under section 115B.50, subdivision 1; 127.8 (2) for reimbursement of amounts spent by the commissioner 127.9 from theenvironmental response, compensation, and compliance127.10accountremediation fund for expenses described in clause (1); 127.11 (3) for reimbursements under section 115B.50, subdivision 127.12 2; and 127.13 (4) for administrative costs of the commissioner of revenue. 127.14 (b) Money in the account is appropriated to the 127.15 commissioner for the purposes of this subdivision. The 127.16 commissioner shall transfer funds to the commissioner of revenue 127.17 sufficient to cover administrative costs pursuant to paragraph 127.18 (a), clause (4). 127.19 Sec. 35. Minnesota Statutes 2002, section 115B.49, 127.20 subdivision 4, is amended to read: 127.21 Subd. 4. [REGISTRATION; FEES.] (a) The owner or operator 127.22 of a dry cleaning facility shall register on or before October 1 127.23 of each year with the commissioner of revenue in a manner 127.24 prescribed by the commissioner of revenue and pay a registration 127.25 fee for the facility. The amount of the fee is: 127.26 (1) $500, for facilities with a full-time equivalence of 127.27 fewer than five; 127.28 (2) $1,000, for facilities with a full-time equivalence of 127.29 five to ten; and 127.30 (3) $1,500, for facilities with a full-time equivalence of 127.31 more than ten. 127.32 (b) A person who sells dry cleaning solvents for use by dry 127.33 cleaning facilities in the state shall collect and remit to the 127.34 commissioner of revenue in a manner prescribed by the 127.35 commissioner of revenue, on or before the 20th day of the month 127.36 following the month in which the sales of dry cleaning solvents 128.1 are made, a fee of: 128.2 (1) $3.50 for each gallon of perchloroethylene sold for use 128.3 by dry cleaning facilities in the state; 128.4 (2) 70 cents for each gallon of hydrocarbon-based dry 128.5 cleaning solvent sold for use by dry cleaning facilities in the 128.6 state; and 128.7 (3) 35 cents for each gallon of other nonaqueous solvents 128.8 sold for use by dry cleaning facilities in the state. 128.9 (c) To enforce this subdivision, the commissioner of 128.10 revenue may examine documents, assess and collect fees, conduct 128.11 investigations, issue subpoenas, grant extensions to file 128.12 returns and pay fees, impose penalties and interest on the 128.13 annual registration fee under paragraph (a) and the monthly fee 128.14 under paragraph (b), abate penalties and interest, and 128.15 administer appeals, in the manner provided in chapters 270 and 128.16 289A. The penalties and interest imposed on taxes under chapter 128.17 297A apply to the fees imposed under this subdivision. 128.18 Disclosure of data collected by the commissioner of revenue 128.19 under this subdivision is governed by chapter 270B. 128.20 (d) The fees under this subdivision are exempt from section 128.21 16A.1285. 128.22 Sec. 36. Minnesota Statutes 2002, section 115D.12, 128.23 subdivision 2, is amended to read: 128.24 Subd. 2. [FEES.] (a) Persons required by United States 128.25 Code, title 42, section 11023, to submit a toxic chemical 128.26 release form to the commission, and owners or operators of 128.27 facilities listed in section 299K.08, subdivision 3, shall pay a 128.28 pollution prevention fee of $150 for each toxic pollutant 128.29 reported released plus a fee based on the total pounds of toxic 128.30 pollutants reported as released from each facility. Facilities 128.31 reporting less than 25,000 pounds annually of toxic pollutants 128.32 released per facility shall be assessed a fee of $500. 128.33 Facilities reporting annual releases of toxic pollutants in 128.34 excess of 25,000 pounds shall be assessed a graduated fee at the 128.35 rate of two cents per pound of toxic pollutants reported. 128.36 (b) Persons who generate more than 1,000 kilograms of 129.1 hazardous waste per month but who are not subject to the fee 129.2 under paragraph (a) must pay a pollution prevention fee of $500 129.3 per facility. Hazardous waste as used in this paragraph has the 129.4 meaning given it in section 116.06, subdivision 11, and 129.5 Minnesota Rules, chapter 7045. 129.6 (c) Fees required under this subdivision must be paid to 129.7 the director by January 1 of each year. The fees shall be 129.8 deposited in the state treasury and credited to the 129.9 environmental fund. 129.10 (d) The fees under this subdivision are exempt from section 129.11 16A.1285. 129.12 Sec. 37. Minnesota Statutes 2002, section 116.03, 129.13 subdivision 2, is amended to read: 129.14 Subd. 2. [ORGANIZATION OF OFFICE.] The commissioner shall 129.15 organize the agency and employ such assistants and other 129.16 officers, employees and agents as the commissioner may deem 129.17 necessary to discharge the functions of the commissioner's 129.18 office, define the duties of such officers, employees and 129.19 agents, and delegate to them any of the commissioner's powers, 129.20 duties, and responsibilities, subject to the commissioner's 129.21 control and under such conditions as the commissioner may 129.22 prescribe. The commissioner may also contract with, and enter 129.23 into grant agreements with, persons, firms, corporations, the 129.24 federal government and any agency or instrumentality thereof, 129.25 the water research center of the University of Minnesota or any 129.26 other instrumentality of such university, for doing any of the 129.27 work of the commissioner's office, and. None of the provisions 129.28 of chapter 16C, relating to bids, shall apply to such contracts. 129.29 Sec. 38. Minnesota Statutes 2002, section 116.07, 129.30 subdivision 4d, is amended to read: 129.31 Subd. 4d. [PERMIT FEES.] (a) The agency may collect permit 129.32 fees in amounts not greater than those necessary to cover the 129.33 reasonable costs of developing, reviewing, and acting upon 129.34 applications for agency permits and implementing and enforcing 129.35 the conditions of the permits pursuant to agency rules. Permit 129.36 fees shall not include the costs of litigation. The fee 130.1 schedule must reflect reasonable and routine direct and indirect 130.2 costs associated with permitting, implementation, and 130.3 enforcementcosts. The agency may impose an additional 130.4 enforcement fee to be collected for a period of up to two years 130.5 to cover the reasonable costs of implementing and enforcing the 130.6 conditions of a permit under the rules of the agency. Any money 130.7 collected under this paragraph shall be deposited in the 130.8 environmental fund. 130.9 (b) Notwithstanding paragraph (a),and section 16A.1285,130.10subdivision 2,the agency shall collect an annual fee from the 130.11 owner or operator of all stationary sources, emission 130.12 facilities, emissions units, air contaminant treatment 130.13 facilities, treatment facilities, potential air contaminant 130.14 storage facilities, or storage facilities subject to the 130.15 requirement to obtain a permit under subchapter V of the federal 130.16 Clean Air Act, United States Code, title 42, section 7401 et 130.17 seq., or section 116.081. The annual fee shall be used to pay 130.18 for all direct and indirect reasonable costs, including attorney 130.19 general costs, required to develop and administer the permit 130.20 program requirements of subchapter V of the federal Clean Air 130.21 Act, United States Code, title 42, section 7401 et seq., and 130.22 sections of this chapter and the rules adopted under this 130.23 chapter related to air contamination and noise. Those costs 130.24 include the reasonable costs of reviewing and acting upon an 130.25 application for a permit; implementing and enforcing statutes, 130.26 rules, and the terms and conditions of a permit; emissions, 130.27 ambient, and deposition monitoring; preparing generally 130.28 applicable regulations; responding to federal guidance; 130.29 modeling, analyses, and demonstrations; preparing inventories 130.30 and tracking emissions; and providing information to the public 130.31 about these activities. 130.32 (c) The agency shall set fees that: 130.33 (1) will result in the collection, in the aggregate, from 130.34 the sources listed in paragraph (b), of an amount not less than 130.35 $25 per ton of each volatile organic compound; pollutant 130.36 regulated under United States Code, title 42, section 7411 or 131.1 7412 (section 111 or 112 of the federal Clean Air Act); and each 131.2 pollutant, except carbon monoxide, for which a national primary 131.3 ambient air quality standard has been promulgated; 131.4 (2) may result in the collection, in the aggregate, from 131.5 the sources listed in paragraph (b), of an amount not less than 131.6 $25 per ton of each pollutant not listed in clause (1) that is 131.7 regulated under this chapter or air quality rules adopted under 131.8 this chapter; and 131.9 (3) shall collect, in the aggregate, from the sources 131.10 listed in paragraph (b), the amount needed to match grant funds 131.11 received by the state under United States Code, title 42, 131.12 section 7405 (section 105 of the federal Clean Air Act). 131.13 The agency must not include in the calculation of the aggregate 131.14 amount to be collected under clauses (1) and (2) any amount in 131.15 excess of 4,000 tons per year of each air pollutant from a 131.16 source. The increase in air permit fees to match federal grant 131.17 funds shall be a surcharge on existing fees. The commissioner 131.18 may not collect the surcharge after the grant funds become 131.19 unavailable. In addition, the commissioner shall use nonfee 131.20 funds to the extent practical to match the grant funds so that 131.21 the fee surcharge is minimized. 131.22 (d) To cover the reasonable costs described in paragraph 131.23 (b), the agency shall provide in the rules promulgated under 131.24 paragraph (c) for an increase in the fee collected in each year 131.25 by the percentage, if any, by which the Consumer Price Index for 131.26 the most recent calendar year ending before the beginning of the 131.27 year the fee is collected exceeds the Consumer Price Index for 131.28 the calendar year 1989. For purposes of this paragraph the 131.29 Consumer Price Index for any calendar year is the average of the 131.30 Consumer Price Index for all-urban consumers published by the 131.31 United States Department of Labor, as of the close of the 131.32 12-month period ending on August 31 of each calendar year. The 131.33 revision of the Consumer Price Index that is most consistent 131.34 with the Consumer Price Index for calendar year 1989 shall be 131.35 used. 131.36 (e) Any money collected under paragraphs (b) to (d) must be 132.1 deposited inan air quality account inthe environmental fund 132.2 and must be used solely for the activities listed in paragraph 132.3 (b). 132.4 (f) Persons who wish to construct or expand a facility may 132.5 offer to reimburse the agency for the costs of staff overtime or 132.6 consultant services needed to expedite permit review. The 132.7 reimbursement shall be in addition to fees imposed by lawor132.8rule. When the agency determines that it needs additional 132.9 resources to review the permit application in an expedited 132.10 manner, and that expediting the review would not disrupt 132.11 permitting program priorities, the agency may accept the 132.12 reimbursement. Reimbursements accepted by the agency are 132.13 appropriated to the agency for the purpose of reviewing the 132.14 permit application. Reimbursement by a permit applicant shall 132.15 precede and not be contingent upon issuance of a permit and 132.16 shall not affect the agency's decision on whether to issue or 132.17 deny a permit, what conditions are included in a permit, or the 132.18 application of state and federal statutes and rules governing 132.19 permit determinations. 132.20 (g) The fees under this subdivision are exempt from section 132.21 16A.1285. 132.22 Sec. 39. Minnesota Statutes 2002, section 116.07, 132.23 subdivision 4h, is amended to read: 132.24 Subd. 4h. [FINANCIAL RESPONSIBILITY RULES.] (a) The agency 132.25 shall adopt rules requiring the operator or owner of a solid 132.26 waste disposal facility to submit to the agency proof of the 132.27 operator's or owner's financial capability to provide reasonable 132.28 and necessary response during the operating life of the facility 132.29 and for 30 years after closure for a mixed municipal solid waste 132.30 disposal facility or for a minimum of 20 years after closure, as 132.31 determined by agency rules, for any other solid waste disposal 132.32 facility, and to provide for the closure of the facility and 132.33 postclosure care required under agency rules. Proof of 132.34 financial responsibility is required of the operator or owner of 132.35 a facility receiving an original permit or a permit for 132.36 expansion after adoption of the rules. Within 180 days of the 133.1 effective date of the rules or by July 1, 1987, whichever is 133.2 later, proof of financial responsibility is required of an 133.3 operator or owner of a facility with a remaining capacity of 133.4 more than five years or 500,000 cubic yards that is in operation 133.5 at the time the rules are adopted. Compliance with the rules 133.6 and the requirements of paragraph (b) is a condition of 133.7 obtaining or retaining a permit to operate the facility. 133.8 (b) A municipality, as defined in section 475.51, 133.9 subdivision 2, including a sanitary district, that owns or 133.10 operates a solid waste disposal facility that was in operation 133.11 on May 15, 1989, may meet its financial responsibility for all 133.12 or a portion of the contingency action portion of the reasonable 133.13 and necessary response costs at the facility by pledging its 133.14 full faith and credit to meet its responsibility. 133.15 The pledge must be made in accordance with the requirements 133.16 in chapter 475 for issuing bonds of the municipality, and the 133.17 following additional requirements: 133.18 (1) The governing body of the municipality shall enact an 133.19 ordinance that clearly accepts responsibility for the costs of 133.20 contingency action at the facility and that reserves, during the 133.21 operating life of the facility and for the time period required 133.22 in paragraph (a) after closure, a portion of the debt limit of 133.23 the municipality, as established under section 475.53 or other 133.24 law, that is equal to the total contingency action costs. 133.25 (2) The municipality shall require that all collectors that 133.26 haul to the facility implement a plan for reducing solid waste 133.27 by using volume-based pricing, recycling incentives, or other 133.28 means. 133.29 (3) When a municipality opts to meet a portion of its 133.30 financial responsibility by relying on its authority to issue 133.31 bonds, it shall also begin setting aside in a dedicated 133.32 long-term care trust fund money that will cover a portion of the 133.33 potential contingency action costs at the facility, the amount 133.34 to be determined by the agency for each facility based on at 133.35 least the amount of waste deposited in the disposal facility 133.36 each year, and the likelihood and potential timing of conditions 134.1 arising at the facility that will necessitate response action. 134.2 The agency may not require a municipality to set aside more than 134.3 five percent of the total cost in a single year. 134.4 (4) A municipality shall have and consistently maintain an 134.5 investment grade bond rating as a condition of using bonding 134.6 authority to meet financial responsibility under this section. 134.7 (5) The municipality shall file with the commissioner of 134.8 revenue its consent to have the amount of its contingency action 134.9 costs deducted from state aid payments otherwise due the 134.10 municipality and paid instead to theenvironmental response,134.11compensation, and compliance accountremediation fund created in 134.12 section115B.20116.155, if the municipality fails to conduct 134.13 the contingency action at the facility when ordered by the 134.14 agency. If the agency notifies the commissioner that the 134.15 municipality has failed to conduct contingency action when 134.16 ordered by the agency, the commissioner shall deduct the amounts 134.17 indicated by the agency from the state aids in accordance with 134.18 the consent filed with the commissioner. 134.19 (6) The municipality shall file with the agency written 134.20 proof that it has complied with the requirements of paragraph 134.21 (b). 134.22 (c) The method for proving financial responsibility under 134.23 paragraph (b) may not be applied to a new solid waste disposal 134.24 facility or to expansion of an existing facility, unless the 134.25 expansion is a vertical expansion. Vertical expansions of 134.26 qualifying existing facilities cannot be permitted for a 134.27 duration of longer than three years. 134.28 Sec. 40. [116.155] [REMEDIATION FUND.] 134.29 Subdivision 1. [CREATION.] The remediation fund is created 134.30 as a special revenue fund in the state treasury to provide a 134.31 reliable source of public money for response and corrective 134.32 actions to address releases of hazardous substances, pollutants 134.33 or contaminants, agricultural chemicals, and petroleum, and for 134.34 environmental response actions at qualified landfill facilities 134.35 for which the agency has assumed such responsibility, including 134.36 perpetual care of such facilities. The specific purposes for 135.1 which the general portion of the fund may be spent are provided 135.2 in subdivision 2. In addition to the general portion of the 135.3 fund, the fund contains two accounts described in subdivisions 4 135.4 and 5. 135.5 Subd. 2. [APPROPRIATION.] (a) Money in the general portion 135.6 of the remediation fund is appropriated to the agency and the 135.7 commissioners of agriculture and natural resources for the 135.8 following purposes: 135.9 (1) to take actions related to releases of hazardous 135.10 substances, or pollutants or contaminants as provided in section 135.11 115B.20; 135.12 (2) to take actions related to releases of hazardous 135.13 substances, or pollutants or contaminants, at and from qualified 135.14 landfill facilities as provided in section 115B.42, subdivision 135.15 2; 135.16 (3) to provide technical and other assistance under 135.17 sections 115B.17, subdivision 14, 115B.175 to 115B.179, and 135.18 115C.03, subdivision 9; 135.19 (4) for corrective actions to address incidents involving 135.20 agricultural chemicals, including related administrative, 135.21 enforcement, and cost recovery actions pursuant to chapter 18D; 135.22 and 135.23 (5) together with any amount approved for transfer to the 135.24 agency from the petroleum tank fund by the commissioner of 135.25 finance, to take actions related to releases of petroleum as 135.26 provided under section 115C.08. 135.27 (b) The commissioner of finance shall allocate the amounts 135.28 available in any biennium to the agency, and the commissioners 135.29 of agriculture and natural resources for the purposes provided 135.30 in this subdivision based upon work plans submitted by the 135.31 agency and the commissioners of agriculture and natural 135.32 resources, and may adjust those allocations upon submittal of 135.33 revised work plans. Copies of the work plans shall be submitted 135.34 to the chairs of the environment and environment finance 135.35 committees of the senate and house of representatives. 135.36 Subd. 3. [REVENUES.] The following revenues shall be 136.1 deposited in the general portion of the remediation fund: 136.2 (1) response costs and natural resource damages related to 136.3 releases of hazardous substances, or pollutants or contaminants, 136.4 recovered under sections 115B.17, subdivisions 6 and 7, 136.5 115B.443, 115B.444, or any other law; 136.6 (2) money paid to the agency or the agriculture department 136.7 by voluntary parties who have received technical or other 136.8 assistance under sections 115B.17, subdivision 14, 115B.175 to 136.9 115B.179, and 115C.03, subdivision 9; 136.10 (3) money received in the form of gifts, grants, 136.11 reimbursement, or appropriation from any source for any of the 136.12 purposes provided in subdivision 2, except federal grants; and 136.13 (4) interest accrued on the fund. 136.14 Subd. 4. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 136.15 REIMBURSEMENT ACCOUNT.] The dry cleaner environmental response 136.16 and reimbursement account is as described in sections 115B.47 to 136.17 115B.51. 136.18 Subd. 5. [METROPOLITAN LANDFILL CONTINGENCY ACTION TRUST 136.19 ACCOUNT.] The metropolitan landfill contingency action trust 136.20 account is as described in section 473.845. 136.21 Subd. 6. [OTHER SOURCES OF THE FUND.] The remediation fund 136.22 shall also be supported by transfers as may be authorized by the 136.23 legislature from time to time from the environmental fund. 136.24 Sec. 41. Minnesota Statutes 2002, section 116.994, is 136.25 amended to read: 136.26 116.994 [SMALL BUSINESS ENVIRONMENTAL IMPROVEMENT LOAN 136.27ACCOUNTACCOUNTING.] 136.28The small business environmental improvement loan account136.29is established in the environmental fund.Repayments of loans 136.30 made under section 116.993 must be credited tothis accountthe 136.31 environmental fund.This account replaces the small business136.32environmental loan account in Minnesota Statutes 1996, section136.33116.992, and the hazardous waste generator loan account in136.34Minnesota Statutes 1996, section 115B.224. The account balances136.35and pending repayments from the small business environmental136.36loan account and the hazardous waste generator account will be137.1credited to this new account.Money deposited in theaccount137.2 fund under section 116.993 is appropriated to the commissioner 137.3 for loans underthissection 116.993. 137.4 Sec. 42. Minnesota Statutes 2002, section 116C.834, 137.5 subdivision 1, is amended to read: 137.6 Subdivision 1. [COSTS.] All costs incurred by the state to 137.7 carry out its responsibilities under the compact and under 137.8 sections 116C.833 to 116C.843 shall be paid by generators of 137.9 low-level radioactive waste in this state through fees assessed 137.10 by the pollution control agency. Fees may be reasonably 137.11 assessed on the basis of volume or degree of hazard of the waste 137.12 produced by a generator. Costs for which fees may be assessed 137.13 include, but are not limited to: 137.14 (1) the state contribution required to join the compact; 137.15 (2) the expenses of the Commission member and state agency 137.16 costs incurred to support the work of the Interstate Commission; 137.17 and 137.18 (3) regulatory costs. 137.19 The fees are exempt from section 16A.1285. 137.20 Sec. 43. Minnesota Statutes 2002, section 297H.13, 137.21 subdivision 1, is amended to read: 137.22 Subdivision 1. [DEPOSIT OF REVENUES.] The revenues derived 137.23 from thetaxes imposed on waste management services137.24 environmental tax under this chapter, less the costs to the137.25department of revenue for administering the tax under this137.26chapter,shall be deposited by the commissioner of revenue in 137.27 the state treasury. 137.28The amounts retained by the department of revenue shall be137.29deposited in a separate revenue department fund which is hereby137.30created. Money in this fund is hereby appropriated, up to a137.31maximum annual amount of $200,000, to the commissioner of137.32revenue for the costs incurred in administration of the solid137.33waste management tax under this chapter.137.34 Sec. 44. Minnesota Statutes 2002, section 297H.13, 137.35 subdivision 2, is amended to read: 137.36 Subd. 2. [ALLOCATION OF REVENUES.] (a) $22,000,000, or 50 138.1 percent, whichever is greater, of the amounts remitted under 138.2 this chapter must be credited to thesolid wasteenvironmental 138.3 fund established in section115B.4216A.531, subdivision 1. 138.4 (b) The remainder must be deposited into the general fund. 138.5 Sec. 45. Minnesota Statutes 2002, section 325E.10, 138.6 subdivision 1, is amended to read: 138.7 Subdivision 1. [SCOPE.] For the purposes of sections 138.8 325E.11 to325E.113325E.112 and this section, the terms defined 138.9 in this section have the meanings given them. 138.10 Sec. 46. Minnesota Statutes 2002, section 469.175, 138.11 subdivision 7, is amended to read: 138.12 Subd. 7. [CREATION OF HAZARDOUS SUBSTANCE SUBDISTRICT; 138.13 RESPONSE ACTIONS.] (a) An authority which is creating or has 138.14 created a tax increment financing district may establish within 138.15 the district a hazardous substance subdistrict upon the notice 138.16 and after the discussion, public hearing, and findings required 138.17 for approval of or modification to the original plan. The 138.18 geographic area of the subdistrict is made up of any parcels in 138.19 the district designated for inclusion by the municipality or 138.20 authority that are designated hazardous substance sites, and any 138.21 additional parcels in the district designated for inclusion that 138.22 are contiguous to the hazardous substance sites, including 138.23 parcels that are contiguous to the site except for the 138.24 interposition of a right-of-way. Before or at the time of 138.25 approval of the tax increment financing plan or plan 138.26 modification providing for the creation of the hazardous 138.27 substance subdistrict, the authority must make the findings 138.28 under paragraphs (b) to (d), and set forth in writing the 138.29 reasons and supporting facts for each. 138.30 (b) Development or redevelopment of the site, in the 138.31 opinion of the authority, would not reasonably be expected to 138.32 occur solely through private investment and tax increment 138.33 otherwise available, and therefore the hazardous substance 138.34 district is deemed necessary. 138.35 (c) Other parcels that are not designated hazardous 138.36 substance sites are expected to be developed together with a 139.1 designated hazardous substance site. 139.2 (d) The subdistrict is not larger than, and the period of 139.3 time during which increments are elected to be received is not 139.4 longer than, that which is necessary in the opinion of the 139.5 authority to provide for the additional costs due to the 139.6 designated hazardous substance site. 139.7 (e) Upon request by an authority that has incurred expenses 139.8 for removal or remedial actions to implement a development 139.9 response action plan, the attorney general may: 139.10 (1) bring a civil action on behalf of the authority to 139.11 recover the expenses, including administrative costs and 139.12 litigation expenses, under section 115B.04 or other law; or 139.13 (2) assist the authority in bringing an action as described 139.14 in clause (1), by providing legal and technical advice, 139.15 intervening in the action, or other appropriate assistance. 139.16 The decision to participate in any action to recover expenses is 139.17 at the discretion of the attorney general. 139.18 (f) If the attorney general brings an action as provided in 139.19 paragraph (e), clause (1), the authority shall certify its 139.20 reasonable and necessary expenses incurred to implement the 139.21 development response action plan and shall cooperate with the 139.22 attorney general as required to effectively pursue the action. 139.23 The certification by the authority is prima facie evidence that 139.24 the expenses are reasonable and necessary. The attorney general 139.25 may deduct litigation expenses incurred by the attorney general 139.26 from any amounts recovered in an action brought under paragraph 139.27 (e), clause (1). The authority shall reimburse the attorney 139.28 general for litigation expenses not recovered in an action under 139.29 paragraph (e), clause (1), but only from the additional tax 139.30 increment required to be used as described in section 469.176, 139.31 subdivision 4e. The authority must reimburse the attorney 139.32 general for litigation expenses incurred to assist in bringing 139.33 an action under paragraph (e), clause (2), but only from amounts 139.34 recovered by the authority in an action or, if the amounts are 139.35 insufficient, from the additional tax increment required to be 139.36 used as described in section 469.176, subdivision 4e. All money 140.1 recovered or paid to the attorney general for litigation 140.2 expenses under this paragraph shall be paid to the general fund 140.3 of the state for deposit to the account of the attorney 140.4 general. For the purposes of this section, "litigation 140.5 expenses" means attorney fees and costs of discovery and other 140.6 preparation for litigation. 140.7 (g) The authority shall reimburse the pollution control 140.8 agency for its administrative expenses incurred to review and 140.9 approve a development action response plan. The authority must 140.10 reimburse the pollution control agency for expenses incurred for 140.11 any services rendered to the attorney general to support the 140.12 attorney general in actions brought or assistance provided under 140.13 paragraph (e), but only from amounts recovered by the authority 140.14 in an action brought under paragraph (e) or from the additional 140.15 tax increment required to be used as described in section 140.16 469.176, subdivision 4e. All money paid to the pollution 140.17 control agency under this paragraph shall be deposited in the 140.18environmental response, compensation and complianceremediation 140.19 fund. 140.20 (h) Actions taken by an authority consistent with a 140.21 development response action plan are deemed to be authorized 140.22 response actions for the purpose of section 115B.17, subdivision 140.23 12. An authority that takes actions consistent with a 140.24 development response action plan qualifies for the defenses 140.25 available under sections 115B.04, subdivision 11, and 115B.05, 140.26 subdivision 9. 140.27 (i) All money recovered by an authority in an action 140.28 brought under paragraph (e) in excess of the amounts paid to the 140.29 attorney general and the pollution control agency must be 140.30 treated as excess increments and be distributed as provided in 140.31 section 469.176, subdivision 2, clause (4), to the extent the 140.32 removal and remedial actions were initially financed with 140.33 increment revenues. 140.34 Sec. 47. Minnesota Statutes 2002, section 473.843, 140.35 subdivision 2, is amended to read: 140.36 Subd. 2. [DISPOSITION OF PROCEEDS.]After reimbursement to141.1the department of revenue for costs incurred in administering141.2this section,The proceeds of the fees imposed under this 141.3 section, including interest and penalties, must be deposited as 141.4 follows: 141.5 (1) three-fourths of the proceeds must be deposited in the 141.6 environmental fund for metropolitan landfill abatementaccount141.7establishedfor the purposes described in section 473.844; and 141.8 (2) one-fourth of the proceeds must be deposited in the 141.9 metropolitan landfill contingency action trust account in the 141.10 remediation fund established insectionsections 116.155 and 141.11 473.845. 141.12 Sec. 48. Minnesota Statutes 2002, section 473.844, 141.13 subdivision 1, is amended to read: 141.14 Subdivision 1. [ESTABLISHMENT;PURPOSES.] Themetropolitan141.15landfill abatement account ismoney in the environmental fundin141.16orderfor landfill abatement must be used to reduce to the 141.17 greatest extent feasible and prudent the need for and practice 141.18 of land disposal of mixed municipal solid waste in the 141.19 metropolitan area.The accountThis money consists of revenue 141.20 deposited in theaccountenvironmental fund under section 141.21 473.843, subdivision 2, clause (1), and interest earned on 141.22 investment of this moneyin the account. All repayments to 141.23 loans made under this section must be credited to the 141.24accountenvironmental fund. The landfill abatement money in the 141.25accountenvironmental fund may be spent only for purposes of 141.26 metropolitan landfill abatement as provided in subdivision 1a 141.27 and only upon appropriation by the legislature. 141.28 Sec. 49. Minnesota Statutes 2002, section 473.845, 141.29 subdivision 1, is amended to read: 141.30 Subdivision 1. [ESTABLISHMENT.] The metropolitan landfill 141.31 contingency action trustfundaccount is an expendable trust 141.32fundaccount in thestate treasuryremediation fund. Thefund141.33 account consists of revenue deposited in the fund under section 141.34 473.843, subdivision 2, clause (2); amounts recovered under 141.35 subdivision 7; and interest earned on investment of money in the 141.36 fund. 142.1 Sec. 50. Minnesota Statutes 2002, section 473.845, 142.2 subdivision 3, is amended to read: 142.3 Subd. 3. [EXPENDITURES FROM THE FUNDCONTINGENCY ACTIONS 142.4 AND REIMBURSEMENT.] Money in thefundaccount is appropriated to 142.5 the agency for expenditure for any of the following: 142.6 (1) to take reasonable and necessaryexpensesactions for 142.7 closure and postclosure care of a mixed municipal solid waste 142.8 disposal facility in the metropolitan area for a 30-year period 142.9 after closure, if the agency determines that the operator or 142.10 owner will not take the necessary actions requested by the 142.11 agency for closure and postclosure in the manner and within the 142.12 time requested; 142.13 (2) to take reasonable and necessary response actions and 142.14 postclosurecostscare actions at a mixed municipal solid waste 142.15 disposal facility in the metropolitan area that has been closed 142.16 for 30 years in compliance with the closure and postclosure 142.17 rules of the agency; 142.18 (3)reimbursementto reimburse a local government unit for 142.19 costs incurred over $400,000 under a work plan approved by the 142.20 commissioner of the agency to remediate methane at a closed 142.21 disposal facility owned by the local government unit; or 142.22 (4) reasonable and necessary response costs at an 142.23 unpermitted facility for mixed municipal solid waste disposal in 142.24 the metropolitan area that was permitted by the agency for 142.25 disposal of sludge ash from a wastewater treatment facility. 142.26 Sec. 51. Minnesota Statutes 2002, section 473.845, 142.27 subdivision 7, is amended to read: 142.28 Subd. 7. [RECOVERY OF EXPENSES.] When the agency incurs 142.29 expenses for response actions at a facility, the agency is 142.30 subrogated to any right of action which the operator or owner of 142.31 the facility may have against any other person for the recovery 142.32 of the expenses. The attorney general may bring an action to 142.33 recover amounts spent by the agency under this section from 142.34 persons who may be liable for them. Amounts recovered, 142.35 including money paid under any agreement, stipulation, or 142.36 settlement must be deposited in the metropolitan landfill 143.1 contingency action account in the remediation fund created under 143.2 section 116.155. 143.3 Sec. 52. Minnesota Statutes 2002, section 473.845, 143.4 subdivision 8, is amended to read: 143.5 Subd. 8. [CIVIL PENALTIES.] The civil penalties of 143.6 sections 115.071 and 116.072 apply to any person in violation of 143.7 this section.All money recovered by the state under any143.8statute or rule related to the regulation of solid waste in the143.9metropolitan area, including civil penalties and money paid143.10under any agreement, stipulation, or settlement, shall be143.11deposited in the fund.143.12 Sec. 53. Minnesota Statutes 2002, section 473.846, is 143.13 amended to read: 143.14 473.846 [REPORT TO LEGISLATURE.] 143.15 The agency and the director shall submit to the senate 143.16 finance committee, the house ways and means committee, and the 143.17 environment and natural resources committees of the senate and 143.18 house of representatives, the finance division of the senate 143.19 committee on environment and natural resources, and the house of 143.20 representatives committee on environment and natural resources 143.21 finance separate reports describing the activities for which 143.22 moneyfrom thefor landfill abatementaccount and contingency143.23action trust fundhas been spent under sections 473.844 and 143.24 473.845. The agency shall report by November 1 of each year on 143.25 expenditures during its previous fiscal year. The director 143.26 shall report on expenditures during the previous calendar year 143.27 and must incorporate its report in the report required by 143.28 section 115A.411, due July 1 of each odd-numbered year. The 143.29 director shall make recommendations to the environment and 143.30 natural resources committees of the senate and house of 143.31 representatives, the finance division of the senate committee on 143.32 environment and natural resources, and the house of 143.33 representatives committee on environment and natural resources 143.34 finance on the future management and use of the metropolitan 143.35 landfill abatement account. 143.36 Sec. 54. [INCREASE TO WATER QUALITY PERMIT FEES.] 144.1 (a) The pollution control agency shall collect water 144.2 quality permit fees that reflect the fee in Minnesota Rules, 144.3 part 7002.0310, and Laws 2002, chapter 220, article 8, section 144.4 15, paragraph (b), increased from $240 to $1,000. 144.5 (b) The increased permit fee is effective July 1, 2003. 144.6 The agency shall adopt amended water quality permit fee rules 144.7 incorporating the permit fee increase in paragraph (a) under 144.8 Minnesota Statutes, section 14.389. The pollution control 144.9 agency shall begin collecting the increased permit fee on July 144.10 1, 2003, even if the rule adoption process has not been 144.11 initiated or completed. Notwithstanding Minnesota Statutes, 144.12 section 14.18, subdivision 2, the increased permit fee 144.13 reflecting the permit fee increase in paragraph (a) and the rule 144.14 amendments incorporating that permit fee increase do not require 144.15 further legislative approval. 144.16 [EFFECTIVE DATE.] This section is effective the day 144.17 following final enactment. 144.18 Sec. 55. [INCREASE TO HAZARDOUS WASTE FEES.] 144.19 (a) The pollution control agency shall collect hazardous 144.20 waste fees that reflect the fee formula in Minnesota Rules, part 144.21 7046.0060, increased by an addition of $2,000,000 to the 144.22 adjusted fiscal year target described in Step 2 of Minnesota 144.23 Rules, part 7046.0060. 144.24 (b) The increased fees are effective January 1, 2004. The 144.25 agency shall adopt an amended hazardous waste fee formula 144.26 incorporating the increase in paragraph (a) under Minnesota 144.27 Statutes, section 14.389. The pollution control agency shall 144.28 begin collecting the increased permit fees on January 1, 2004, 144.29 even if the rule adoption process has not been initiated or 144.30 completed. Notwithstanding Minnesota Statutes, section 14.18, 144.31 subdivision 2, the increased fees reflecting the fee increases 144.32 in paragraph (a) and the rule amendments incorporating those 144.33 permit fee increases do not require further legislative approval. 144.34 [EFFECTIVE DATE.] This section is effective the day 144.35 following final enactment. 144.36 Sec. 56. [TRANSFER OF FUND BALANCES.] 145.1 Subdivision 1. [ENVIRONMENTAL RESPONSE, COMPENSATION, AND 145.2 COMPLIANCE ACCOUNT.] All amounts remaining in the environmental 145.3 response, compensation, and compliance account are transferred 145.4 to the remediation fund created under Minnesota Statutes, 145.5 section 116.155. 145.6 Subd. 2. [SOLID WASTE FUND.] $....... of the balance of 145.7 the solid waste fund is transferred to the environmental fund 145.8 created in Minnesota Statutes, section 16A.531, subdivision 1. 145.9 Any remaining balance in the solid waste fund is transferred to 145.10 the remediation fund created under Minnesota Statutes, section 145.11 116.155. 145.12 Subd. 3. [DRY CLEANER ENVIRONMENTAL RESPONSE AND 145.13 REIMBURSEMENT ACCOUNT.] All amounts remaining in the dry cleaner 145.14 environmental response and reimbursement account are transferred 145.15 to the dry cleaner environmental response and reimbursement 145.16 account in the remediation fund created under Minnesota 145.17 Statutes, sections 115B.49 and 116.155. 145.18 Subd. 4. [METROPOLITAN LANDFILL CONTINGENCY ACTION 145.19 FUND.] All amounts remaining in the metropolitan landfill 145.20 contingency action fund are transferred to the metropolitan 145.21 landfill contingency action trust account in the remediation 145.22 fund created under Minnesota Statutes, sections 116.155 and 145.23 473.845. 145.24 Sec. 57. [INSTRUCTION TO REVISOR.] 145.25 The revisor of statutes shall change the name of the "solid 145.26 waste management tax" created under Minnesota Statutes, chapter 145.27 297H, to the "environmental tax" in Minnesota Statutes and 145.28 Minnesota Rules. 145.29 Sec. 58. [REPEALER.] 145.30 Minnesota Statutes 2002, sections 115B.02, subdivision 1a; 145.31 115B.19; 115B.42, subdivision 1; 297H.13, subdivisions 3 and 4; 145.32 325E.112, subdivisions 2 and 3; 325E.113; and 473.845, 145.33 subdivision 4, are repealed. 145.34 Sec. 59. [EFFECTIVE DATE.] 145.35 Except as otherwise provided, this article is effective 145.36 July 1, 2003.