SF 1489

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to natural resources; increasing the water 
  1.3             use permit processing fee; providing funding for local 
  1.4             water planning; appropriating money; amending 
  1.5             Minnesota Statutes 2002, section 103G.271, 
  1.6             subdivisions 6, 6a.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 103G.271, 
  1.9   subdivision 6, is amended to read: 
  1.10     Subd. 6.  [WATER USE PERMIT PROCESSING FEE.] (a) Except as 
  1.11  described in paragraphs (b) to (f), a water use permit 
  1.12  processing fee must be prescribed by the commissioner in 
  1.13  accordance with the following schedule of fees in this 
  1.14  subdivision for each water use permit in force at any time 
  1.15  during the year.  The schedule is as follows, with the stated 
  1.16  fee in each clause applied to the total amount appropriated: 
  1.17     (1) 0.05 cents per 1,000 gallons $100 for the first amounts 
  1.18  not exceeding 50,000,000 gallons per year; 
  1.19     (2) 0.10 cents $2 per 1,000 1,000,000 gallons for amounts 
  1.20  greater than 50,000,000 gallons but less than 100,000,000 
  1.21  gallons per year; 
  1.22     (3) 0.15 cents $2.50 per 1,000 1,000,000 gallons for 
  1.23  amounts greater than 100,000,000 gallons but less than 
  1.24  150,000,000 gallons per year; 
  1.25     (4) 0.20 cents $3 per 1,000 1,000,000 gallons for amounts 
  1.26  greater than 150,000,000 gallons but less than 200,000,000 
  2.1   gallons per year; 
  2.2      (5) 0.25 cents $3.50 per 1,000 1,000,000 gallons for 
  2.3   amounts greater than 200,000,000 gallons but less than 
  2.4   250,000,000 gallons per year; 
  2.5      (6) 0.30 cents $4 per 1,000 1,000,000 gallons for amounts 
  2.6   greater than 250,000,000 gallons but less than 300,000,000 
  2.7   gallons per year; 
  2.8      (7) 0.35 cents $4.50 per 1,000 1,000,000 gallons for 
  2.9   amounts greater than 300,000,000 gallons but less than 
  2.10  350,000,000 gallons per year; 
  2.11     (8) 0.40 cents $5 per 1,000 1,000,000 gallons for amounts 
  2.12  greater than 350,000,000 gallons but less than 400,000,000 
  2.13  gallons per year; and 
  2.14     (9) 0.45 cents $5.50 per 1,000 1,000,000 gallons for 
  2.15  amounts greater than 400,000,000 gallons but less than 
  2.16  450,000,000 gallons per year.; 
  2.17     (10) $6 per 1,000,000 gallons for amounts greater than 
  2.18  450,000,000 gallons but less than 500,000,000 gallons per year; 
  2.19  and 
  2.20     (11) $6.50 per 1,000,000 gallons for amounts greater than 
  2.21  500,000,000 gallons per year. 
  2.22     (b) For once-through cooling systems, a water use 
  2.23  processing fee must be prescribed by the commissioner in 
  2.24  accordance with the following schedule of fees for each water 
  2.25  use permit in force at any time during the year: 
  2.26     (1) for nonprofit corporations and school districts, 15.0 
  2.27  cents $150 per 1,000 1,000,000 gallons; and 
  2.28     (2) for all other users, 20 cents $200 per 1,000 1,000,000 
  2.29  gallons. 
  2.30     (c) The fee is payable based on the amount of water 
  2.31  appropriated during the year and, except as provided in 
  2.32  paragraph (f), the minimum fee is $50 $100.  
  2.33     (d) For water use processing fees other than once-through 
  2.34  cooling systems:  
  2.35     (1) the fee for a city of the first class may not exceed 
  2.36  $175,000 $250,000 per year; 
  3.1      (2) the fee for other entities for any permitted use may 
  3.2   not exceed: 
  3.3      (i) $35,000 $50,000 per year for an entity holding three or 
  3.4   fewer permits; 
  3.5      (ii) $50,000 $75,000 per year for an entity holding four or 
  3.6   five permits; 
  3.7      (iii) $175,000 $250,000 per year for an entity holding more 
  3.8   than five permits; 
  3.9      (3) the fee for agricultural irrigation may not exceed $750 
  3.10  per year; 
  3.11     (4) the fee for a municipality that furnishes electric 
  3.12  service and cogenerates steam for home heating may not exceed 
  3.13  $10,000 for its permit for water use related to the cogeneration 
  3.14  of electricity and steam; and 
  3.15     (5) no fee is required for a project involving the 
  3.16  appropriation of surface water to prevent flood damage or to 
  3.17  remove flood waters during a period of flooding, as determined 
  3.18  by the commissioner.  
  3.19     (e) Failure to pay the fee is sufficient cause for revoking 
  3.20  a permit.  A penalty of two percent per month calculated from 
  3.21  the original due date must be imposed on the unpaid balance of 
  3.22  fees remaining 30 days after the sending of a second notice of 
  3.23  fees due.  A fee may not be imposed on an agency, as defined in 
  3.24  section 16B.01, subdivision 2, or federal governmental agency 
  3.25  holding a water appropriation permit. 
  3.26     (f) The minimum water use processing fee for a permit 
  3.27  issued for irrigation of agricultural land is $10 $20 for years 
  3.28  in which: 
  3.29     (1) there is no appropriation of water under the permit; or 
  3.30     (2) the permit is suspended for more than seven consecutive 
  3.31  days between May 1 and October 1. 
  3.32     Sec. 2.  Minnesota Statutes 2002, section 103G.271, 
  3.33  subdivision 6a, is amended to read: 
  3.34     Subd. 6a.  [PAYMENT OF FEES FOR PAST UNPERMITTED 
  3.35  APPROPRIATIONS.] An entity that appropriates water without a 
  3.36  required permit under subdivision 1 must pay the applicable 
  4.1   water use permit processing fee specified in subdivision 6 for 
  4.2   the period during which the unpermitted appropriation occurred.  
  4.3   The fees for unpermitted appropriations are required for the 
  4.4   previous seven calendar years after being notified of the need 
  4.5   for a permit.  This fee is in addition to any other fee or 
  4.6   penalty assessed. 
  4.7      Sec. 3.  [APPROPRIATION.] 
  4.8      $962,000 in fiscal year 2004 and $962,000 in fiscal year 
  4.9   2005 are appropriated from the general fund to the board of 
  4.10  water and soil resources for local water planning grants under 
  4.11  Minnesota Statutes, section 103B.3369.